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Photos: Y gets 14 new pieces of equipment in Wellness Center

By Howard B. Owens

The Wellness Center at the YMCA is getting an equipment upgrade today with 14 new pieces of equipment, including stair steppers, virtual bikes and treadmills.

The cost of the new equipment is about $60,000.

Pictured with one of the new virtual bikes is John Becker, Wellness Center coordinator, and trainer Stacie Ewert.

Subcommittee chaired by Collins examines health insurance tax

By Howard B. Owens

Press release:

House Small Business Subcommittee on Health and Technology Chairman Chris Collins (NY-27) today led a hearing to examine the economic effects of the upcoming health care law’s insurance tax on small businesses. Beginning in 2014, the health care law imposes a new tax on the health insurance policies that most small businesses purchase. The amount of the tax will be $8 billion in 2014, increasing to $14.3 billion in 2018, and increase based on premium trend thereafter.

Among today’s witnesses was Dean Norton, an Elba resident and president of the New York State Farm Bureau. Norton testified about the impact of the tax on farmers.

“The health care law is a massive piece of legislation that is making a major impact on our lives and the economy overall,” Chairman Collins said. “The numerous mandates, requirements and taxes, such as the health insurance tax (HIT), are driving up the cost for small businesses to provide health insurance for their employees. This assessment is not a partisan attack. This is a fact, substantiated by independent studies. Both the Joint Committee on Taxation and the Congressional Budget Office, among others, have said they expect a very large portion of this tax to be passed through to the purchasers of insurance in the form of higher premiums, driving up the cost of insurance for families and small businesses.”

“Although the law exempts self-funded insurance plans, small businesses typically do not qualify to self-insure, leaving them to pay higher premiums in a fully funded group plan,” continued Collins. “This law is bad for our economy. Without any relief in sight, it appears that the law will continue to be an anchor holding down small businesses.”

A recent NFIB Research Foundation study estimated that the tax will raise the cost of employer-sponsored insurance by 2 percent to 3 percent, imposing a cost of nearly $5,000 per family by 2020. The study also projects the price increases caused by the tax will reduce private sector employment by up to 262,000 jobs by 2020, with 59 percent of the losses falling in the small business sector.

A 2011 report by actuarial firm Oliver Wyman provided national estimates of the impact of the tax on health insurance premiums. The report found the insurance tax alone “will increase premiums in the insured market on average by 1.9 percent to 2.3 percent in 2014” and by 2023 “will increase premiums by 2.8 percent to 3.7 percent.”

Materials for the hearing are posted on the House Small Business Committee’s Web site HERE.

Notable Quotes:

Dean Norton, president of New York Farm Bureau in Elba, NY, said, “…health insurance costs for small businesses are already rapidly trending higher, increasing 103 percent since 2000. According to the Joint Committee on Taxation, the HIT tax will further increase family premiums by $400 or 2.5 percent in the year 2016, making it even harder for farmers to purchase coverage for themselves, their families and their employees.”

William Dennis Jr., senior research fellow at NFIB Foundation in Washington, DC, said, “The health insurance premium tax was one of the largest revenue components included in the original law to offset the budgetary costs posed by PPACA. Formally structured as a fee on health insurers, this tax was intended to raise more than $100 billion over a decade beginning in 2014. However, both government and independent analysts believe that the tax will be passed on to consumers in the form of higher health insurance premiums.

“The tax falls almost exclusively on small businesses. Their larger competitors have no equivalent obligation. Small businesses, therefore, are asked to absorb a significant share of the financial load of the program while placing them in a less competitive position to do so.”

Ryan P. Thorn, of Ryan P. Thorn Insurance Planning in South Jordan, Utah, said, “The new national health insurance fee that will be imposed on all individual and fully insured group health insurance policies sold in this country from 2014 and forward will impact about 45 percent of all insured residents in Utah. These are the people who are covered by individual, private Medicare and group policies that are fully insured. This means that all risk for the policies is borne by the insurance company. These are the only type of policies that are impacted by the new tax, which means that the Americans who work for and own small businesses around the country are disproportionately affected.”

Grand Jury indicts man for alleged sexual conduct with a child under 13

By Billie Owens

Sean M. Vickers is indicted by the Grand Jury and accused of a course of sexual conduct against a child in the first degree, a Class B felony. He is an adult accused of engaging in two or more acts of sexual conduct, which allegedly included at least one act of deviate sexual intercourse with a child less than 13 years old. The alleged incidents occurred between Nov. 2, 2001 and April 16, 2002.

Joseph E. Marr is indicted by the Grand Jury and accused of driving while intoxicated, as a misdemeanor, and for allegedly driving a motor vehicle on Dec. 14 on Route 5 and/or Keeney Road in Le Roy while under the influence of alcohol. In count two of the indictment, he is accused of having a BAC of .08 or more at the time of the alleged incident. In count three, he is accused of knowingly and unlawfully introducing dangerous contraband into a detention facility or, being a person in jail, knowingly and unlawfully made, obtained or possessed dangerous contraband. In count four, he is accused of driving while impaired by drugs, as a misdemeanor, for allegedly driving a 2001 GMC on Jan. 1 on Route 5 in the Town of Pembroke while impaired by drugs. In counts five and six, respectively, Marr is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing a "black large capacity ammunition feeding device" as well as another such device that was clear/gray, also on Jan. 1 in the Town of Pembroke.

Carrie A. Stewart is indicted by the Grand Jury and accused of tampering with evidence, a Class E felony, on Nov. 15 in the Town of Alexander. It is alleged that Stewart "believing that certain evidence was about to be produced or used in an official proceeding or a propective official proceeding and intending to prevent such production or use, suppressed it by any act of concealment, alteration or destruction, or by employing force, intimidation or deception against any person." This count stems from Stewart allegedly stealing merchandise from Dollar General and then when confronted by management, "threw the merchandise in the Tonawanda Creek where it was carried away by the current." In count two, the defendant is accused of petit larceny for allegedly stealing five pairs of underwear, a hat, socks, gloves, a wallet, and thermal underwear.

Shannon G. Cook is indicted by the Grand Jury and accused of driving while intoxicated, a Class E felony, for allegedly driving a 2002 Dodge pickup on Jan. 20 on Route 262 while under the influence of alcohol. In count two of the indictment, Cook is accused of having a BAC of .08 or greater at the time of the alleged incident.

Military vehicle in a convoy rolls over on eastbound Thruway, unknown injuries

By Billie Owens

A military vehicle, no further description, rolled over on the eastbound Thruway at mile marker 387. Unknown injuries. Town of Batavia Fire Department and Mercy medics are responding. It was hauling a trailer but it's not known if there's other cargo. It was part of a convoy.

UPDATE 11:25 a.m.: Mercy medics are taking two females to UMMC. One is a 39-year-old complaining of minor leg pain. The other is 21 and has some neck pain. Some fluids from the vehicle spilled and absorbants will be used to clean it up. Law enforcement is slowing traffic down at the scene, but the roadway is open.

UPDATE 11:33 a.m.: The town assignment is back in service. The mile marker at the accident scene was determined to be 387.8.

Le Roy PD reports home invasion sexual assault

By Howard B. Owens

A woman was sexually assaulted in her home in Le Roy overnight and Le Roy PD is looking for the suspect, described as a black male, thin build and 20 to 30 years old.

The perpetrator forced his way into the woman's home on Gilbert Street in the Village, according to Chief Chris Hayward, at approximately 1:30 a.m., and assaulted the woman at knife point.

She suffered a minor cut on the chin from the knife.

A multi-agency search of the area following the report failed to locate the suspect.

Assisting Le Roy PD were the Sheriff's Office, Monroe County Sheriff's K-9 unit and the State Police.

Law and Order: Alleged equipment violation leads to arrest of Rochester man

By Howard B. Owens

Felipe Fernandez, 42, of Borinquen Plaza, Rochester, is charged with aggravated unlicensed operation, 1st , and motor vehicle lights not meeting standards. Fernandez was stopped by Deputy Joseph Corona at 11:48 p.m. Tuesday on Pearl Street Road, Batavia, for an alleged vehicle violation. Fernandez was jailed without bail.

Saul Doynsaday Standsblack, 34, of Parker Road, Basom, was arrested on a bench warrant related to an aggravated unlicensed operation, 3rd, charge. Standsblack was taken into custody on a Batavia City Court warrant following his release from the Erie County Jail on an unrelated matter. Standsblack appeared in City Court, entered a guilty plea, and was sentenced to 15 days in jail.

Michael Thomas Coffey, 44, of South Main Street, Albion, is charged with petit larceny. Coffey was arrested on a warrant out of Town of Elba Court.

Andriana D. Green, 19, of Amherst, is charged with assault, 3rd, and criminal mischief, 4th. Green was arrested Wednesday morning by State Police for an alleged incident reported at 2:14 p.m., Monday, at College Village. No further details released.

GCC students open landscape photography show at County Park's Interpretive Center

By Howard B. Owens

Press release:

A collaborative effort between Genesee Community College and the Genesee County Park and Forest is giving photography students a first of its kind opportunity. Their work will be displayed in an exhibit at the Park’s Interpretive Center, marking the first time a student exhibit has been shown in the newly expanded exhibit space.

An opening reception is set for Friday, May 10, from 5 to 8 p.m. at the Genesee County Park and Forest Interpretive Center, 11095 Bethany Center Road, East Bethany. The public is invited. Refreshments will be provided.

For their final project, GCC Photography instructor Joe Ziolkowski had his COM 103 (Introduction to Black and White Photography) students explore the landscape of Genesee County and surrounding areas in Western New York. The black and white photographic prints the students created offer their interpretation of how we are preserving and how we are hurting the landscape that surrounds us.

“I think visitors will be as impressed as I am with the work these students created,” said Joe Z. “Sometimes we don’t realize how the things we do every day impact the landscape. We hope these photos give visitors a lot to think and talk about.”

The exhibit, entitled “Around the Bend: The Shared Landscape,” will be on view through Saturday, Aug. 31.

Photo: By Robert Garland, "Trestle, Avon, NY."

Sponsored Post: B-Town Yellow Taxi is here to get you there!

By Lisa Ace

B-Town Yellow Taxi Cab, Inc., serves Batavia and more! Have you ever wanted to make weekend plans to go out, but didn't have a designated driver? Well, B-Town Yellow Taxi Cab is the City of Batavia's only fully compliant taxi cab service at this time. So don't worry, give us a call anytime day or night and we will get you where you need to go.

General pricing for rides start out at $2.30 for the first 1/6 of a mile and then $3 per mile thereafter. That's only 50 cents per 6th of a mile. We provide flat rate airport transportation to the Buffalo and Rochester international airports from Batavia -- ask about our prices when you call.

Collage students, need to go shopping or catching the Greyhound Bus? Call B.T.Y.T.C special student discounts apply when comming or going from the campus/dorms. $10 one way per trip. 

Also starting soon, we are going to be offering a "Safe Ride Home" special. $12 - 12 hours program! $12 takes you from the bar to your house (within city limits) then when you're sober (12 hours later) bring you to get your car. We want to encourage all, not to drink and drive, but to have a safe, fun night out with your friends.

Remember, we're open 24 hours a day, 7 days a week, call 585-356-1881. Closed Christmas Day. Keep up to date with specials, Like us on Facebook or visit us online: http://www.btownyellowtaxi.com

Photos: Day of Caring at Kiwanis Park and Youth Bureau

By Howard B. Owens

For the Day of Caring, we stopped by Kiwanis Park, where volunteers are building the inclusive playground, and the Batavia Youth Bureau, which is getting a set of new raised garden beds for the community garden.

Transformer blows near Jackson and Ellicott streets

By Billie Owens

The loud boom heard on the southside of the city about 15 minutes ago was a transformer that blew out. It occurred in the area of 28 Jackson St. by the Salvation Army store. National Grid is on scene to do repair work. City fire was there and had traffic blocked off, but the road is reopened and the city assignment is back in service.

Hawley meets with local firefighters and discusses legislative priorities

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) recently met with City of Batavia firefighters Jeff Stevens and Greg Ireland at his Albany office while the firefighters were in town for the New York State Professional Fire Fighters Association’s (NYSPFFA) 2013 Legislative Conference. The assemblyman discussed NYSPFFA’s legislative priorities and thanked the firefighters for their service.

“Meeting with two of Batavia’s bravest public servants was truly an honor,” Hawley said. “NYSPFFA’s members are on the front lines protecting our lives and property from devastating fires and they deserve our support. I commend Mr. Stevens, Mr. Ireland and their colleagues for all they do to keep our communities safe.”

Warrant suspect running through yards near Ross Street, wanted by the law

By Billie Owens

Law enforcement is looking for a suspect wanted on a Genesee County Court warrant and he was last seen at 19 Manhattan Ave. running through back yards toward Ross Street.

His name is Ryan P. Johnson, 22, and he is described as white, about 5'7" and weighing about 160 pounds.

He is wearing khaki shorts, sneakers and a white T-shirt and a baseball cap.

If you see a person matching this description, phone the Sheriff's Office at 343-5000.

UPDATE: Johnson has made arrangements to turn himself in.

Young Marine loses battle with cancer, but her baby's benefit concert with Bebo Norman will go on

By Billie Owens

Four-month-old Lilly Bridges will not be in her mother’s arms on Sunday. Cancer-stricken Kailee died last night in the intensive care unit at Strong Memorial Hospital in Rochester.

On Mother’s Day, the 20-year-old Marine’s family, including husband, Justin, will instead mourn the woman who valiantly underwent life-saving surgery in February while pregnant.

But the concert for Lilly’s Trust Fund scheduled for this Friday at Grace Baptist Church in Batavia will go on as planned with Christian music superstar Bebo Norman, of Nashville. The performance begins at 7 p.m. Tickets are $30 and $25 and are available through itickets.com.

Although her doctors and loved ones hoped to have her home by this weekend, about 10 days ago she took a turn for the worse, said her pastor, Mark Hurlbut.

“We’re glad God gave her husband and myself the grace and wisdom to provide for (Lilly),” Hurlbut said, regarding the series of events and decisions that unfolded to bring about the plans for a benefit concert well in advance of Kailee’s downturn.

In the Providence of God, here we are,” he said.

The recording artist has been kept in the loop all along the way, Hurlbut said, describing him as a terrific man of God who “will be asked to wear his preacher’s hat” on Friday.

Kailee, who was from Wyoming County and graduated from Warsaw High School, had been in ICU since her surgery and her young Marine husband had practically lived there over the past few months. In light of the circumstances, the Texas native is holding up.

“If the Marine Corps didn’t make him grow up, this will,” the pastor said. “It’s a lot for a young man to go through, but he is shouldering it well.”

Little Lilly is healthy and adorable.

Those who knew her mother say she had a personal relationship with her Lord and Savior and they know where she is today and that she has no more pain.

H.E. Turner & Co. Funeral Home is handling arrangements for the family.

Law and Order: Registered sex offender charged with rape

By Howard B. Owens

Patrick Maxwell Hackett, 44, of West Main Street Road, Batavia, is charged with rape, 3rd, unlawful dealing with a child, 1st and endangering the welfare of a child. Hackett is a registered Level 2 sex offender. He is accused of engaging in sexual relations with a minor in the Town of Batavia. He also allegedly supplied alcohol to the minor. Hackett was taken into custody with the assistance of Batavia PD.  He was jailed without bail.

Francisco Javier Molina, 47, of Edgecreek Trail, Rochester, is charged with DWI, driving with a BAC of .08, speed not reasonable and prudent, failure to keep right and consumption of alcohol in a motor vehicle. Molina was allegedly driving on Route 33, Stafford, at 7:53 p.m., Tuesday, when he took a left turn too fast onto Caswell Road. Molina and his passenger were allegedly seen tossing beer cans from the vehicle. They were both issued citations for alleged littering and Molina was cited for alleged refusal to take a breath test. Molina was stopped by Sgt. Greg Walker.

Billie Jeremy McMurty-Rivera, 28, of Hollenbeck Street, Rochester, is charged with falsifying business records, 2nd. McMurty-Rivera, while incarcerated in the Genesee County Jail, is accused of altering commissary paperwork of three other inmates without their consent to obtain food and other products. Bail was set at $5,000.

Tim Horton's proposal highlights growing traffic problem at Lewiston and West Main

By Howard B. Owens

Town of Batavia Highway Superintendent Tom Lichtenthal and engineer Joey Neth spent an hour on the rooftop of the Rite Aid overlooking Lewiston Road and videotaped the traffic flow, or lack of it.

The resulting highlight reel, played for the Town of Batavia Planning Board on Tuesday night, captured eight near-miss accidents, two dangerous maneuvers by drivers, five unsafe mid-road crossings by pedestrians and two bicycle crossings.

An hour observing West Main Street Road near Colonial Boulevard didn't yield much better results.

For the Lewiston Road side, the driveway for Rite Aid and the driveway for the Tops Plaza, essentially create an intersection, and over the past three years, there have been seven accidents at that intersection.

That's seven times the state DOT average, Lichtenthal said.

"What's going on here is we have so many conflict points, when you look at this intersection; you've got cars merging here; you've got a wide open driveway where one makes a right turn and one makes a left turn; you've got pedestrians trying to cross in the middle of traffic, plus cars coming off the Main Street intersection, and you're looking at all of these things coming together right here, and that's why you get so many of these types of accidents," Lichtenthal said.

The traffic study was conducted because Tim Horton's wants to build a new store behind the Rite Aid, that would connect, essentially, Lewiston with Main.

The overall traffic Tim Horton's is likely to generate isn't that significant by itself -- an average of 50 to 60 cars an hour, with 60 percent of Tim Horton's traffic occurring in a three-hour period in the morning.

Technically, the road capacity in the area, can handle the volume, Lichtenthal said, but the construction of the multiple turning lanes and intersections in the area make for very messy traffic patterns.

It's a situation that's only going to get worse with the expansion of Batavia Towne Center and Batavia Downs.

Lichtenthal said that, unfortunately, it's a classic case of the last one (in this case, Tim Horton's) getting stuck dealing with the problem.

Matthew J. Oates (photo), chief engineer for Benderson Development Co. took a different view.

The combined retail space for Tops Plaza, Rite Aid and the other retail in the area is more than 220,000 square feet, while the Benderson development is less than 20,000 square feet.

He said just as the DOT did when problems got too bad on Jefferson Road and Ridge Road in Rochester, the growing traffic problems on Lewiston and West Main are a DOT issue and shouldn't hold up development of Tim Horton's.

"I understand the town sees a large issue with the traffic, but without the traffic, we wouldn't have the interest in the development and without the traffic, Tim Horton's wouldn't be coming here, so one follows the other," Oates said.

Lichtenthal pointed out that the DOT is out of money and the Feds aren't sending highway grants down the pipeline any longer to help with local traffic issues.

"The DOT is now looking back and the towns and saying, 'you let this development happen without looking at the repercussions on the roadways. Now you expect us to fix it, ' " Lichtenthal said, "and they're telling the towns, 'you fix it.' "

The environmental review process was extended by consent of the planning board and Benderson in order to see if a solution can be found, or plan developed, to deal with the growing traffic issues.

Tim Horton's is just one step along the way, Lichtenthal said.

"These are baby steps," Lichtenthal said. "You take these baby steps and add them together and it's a big step and then what do you do?"

Last week, the Geness County Economic Development Center Board approved $1.7 million in tax breaks for COR Development to add four more retail spaces to the Batavia Towne Center in the location of the former Lowe's store.

City crews work from early morning to mid morning to repair water main on State Street

By Howard B. Owens

There was a water main break on State Street between Denio and Douglas at 3 a.m. and water service was cut for some residence in the area pending repairs. 

During the repairs, the decades-old shut-off valve broke, and so once DPW workers repaired the break, they had to dig up the valve and replace it.

Update from Matt Worth, superintendent of water and wastewater:

Water main repair has been completed on State Street and water service restored.  Residents in the immediate area should be aware that they may experience some discolored water and should avoid laundry or other activities which may be impacted by this condition until water clarity has returned to normal.

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