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Police Beat: Man accused of violating court order

By Howard B. Owens

Christopher P. Ball, 27, of 4902 Ellicott St. Road, Batavia, is charged with two counts of criminal contempt, 2nd. Ball is accused of contacting an ex-girlfriend he was previously ordered to stay away from. Ball was jailed on $2,000 bail.

Susan Marie Devault, 40, 11 N. Main St., Apt. A, Holley, is charged with petit larceny. Devault is accused of shoplifting $111.94 in merchandise from Target.

Accidents from the State Police blotter:

12:45 p.m., March 28, Thruway, mile marker 398, westbound, Pembroke, one vehicle; Driver 1: Lori C. Pittman, 52, of Niagara Falls. No injuries reported.

Ever bigger processors and large retail chains hurting dairy farmers, anti-trust attorney told

By Howard B. Owens

Bigness is killing New York dairy farmers.

Big and ever-growing milk processors and retail chains are controlling the market and driving down the prices paid to farmers, but not passing on the cost savings to consumers.

That was the message of a meeting yesterday at GCC of dairy farmers and the Assistant U.S. Attorney General Christine A. Varney, who is in charge of the Antitrust Division.

From the Buffalo News:

"Our farmers are getting paid less and consumers are paying more," said Sen. Charles E. Schumer, who invited Varney to the meeting. "Someone's walking away with all the money."

Schumer said processors are making record profits at a time when farmers are on the brink of losing their family businesses. He wants the Justice Department to investigate anti-competitive practices in the dairy industry.

Consolidation among milk processors is one of the chief reasons prices paid to farmers has gone down, Varney was told. There are simply fewer outlets for farmers to sell their product to, meaning less competition, and without the competition it's easier for the buyer to set ever lower prices.

In some states, Dean Foods controls as much as 90 percent of the market, and about 70 percent in New York.

From the D&C: 

Bill Cook, who milks 1,800 cows near Aurora, Cayuga County, said he used to deal with five different milk buyers who were willing to pay a premium for the high-quality milk his cows produced. Premiums can mean the difference between just paying the bills and actually making a profit.

Meanwhile, Cook said none of those buyers is still operating because they went out of business or were consolidated into larger operations, such as Dean Foods, a giant among dairy processors. Cook had to borrow $500,000 to cover his losses last year.

The Buffalo News quoted a sixth-generation Wyoming County Farmer who used USDA figures to point out that the dairy farm share of retail dollars have dropped from 37 percent to 25 percent in the past three years.

Bigger and bigger retail chains were also blamed for downward prices on milk products.  Walmart's outsized pressure for lower and lower prices isn't helping farmers.

"Walmart's 'everyday low prices' applies constant downward pressure on all commodities, squeezing the supply chain while demanding more," said Ed Schoen of Shoe-Acres farm in Phelps, Ontario County. Pricing at Wegmans, on the other hand, is sensitive to the prices farmers are getting, he said.

Barbara Brown, a county legislator in Oswego County, said her district once had 26 dairy farms. Now it has three. She recently sold off her cows and closed her farm.

Varney offered the farmers hope.

"We will not let you down," she said, according to the Buffalo News. "We know the problem you're facing."

Sen. Schumer has called on the federal government to take several steps to help dairy farmers:

  • Deal with the consolidation of milk processors and the lack of competition.
  • A program called MILC provides aid to farmers when milk prices fall to a certain level. That target price needs to be raised.
  • Raise MILC reimbursement from 45 percent of the price difference.
  • Reform the milk marketing order system, which helps set commodity prices, used by the USDA. The current system doesn't adequately measure the cost of milk production in the Northeast.
  • Return to a dairy compact system that helps New York farmers set prices.
  • Pass a Milk Import Tariff act to ensure that milk producers and processors in other countries are playing by the same rules as the United States.

Photos: Two old barns

By Howard B. Owens

Slow news day. That's not entirely bad, because it gives me a chance to catch up on other work, especially the work related to revenue. Though, I'm sure on any given day, you would rather have the stories.

After all day in the office doing business stuff, I went out and searched around for something to take a picture of, hoping, really, for a good sunset shot. None was forthcoming, so these are the two pictures I did get.

Top barn is on Sprague Road, and bottom is on Upton Road. I think both are still in the Town of Batavia.

Use Your Social Security Statement as a Guide

By Mark Lewis

Once you reach age 25, the Social Security Administration (SSA) will send an annual report on your individual account. This report will highlight potential benefits from your account and is a valuable tool for your use when considering ways to plan for your retirement and other financial needs.

Social Security should be only one of a number of sources for income during retirement. Other sources may include an employer pension and your personal retirement savings in the form of an individual retirement account (IRA).

When you receive your statement, take some time and go over its contents. Are the reported earnings correct? If not, report any errors to the SSA. It’s much easier to do now than after you retire.

How do the projected benefits fit within your retirement needs? Will you have enough from other sources to fill any gaps?

These are important questions a financial professional can help you answer. A financial professional can also help you find ways to plan for a retirement that relies less on Social Security and more on options that are suitable to your needs and comfort level.

There are a number of products and services available to help you attain the retirement you desire. An early start at developing your personal plan will make your goals more attainable.

Police on the look out for selling and buying of alcohol involving minors

By Howard B. Owens

After receiving a Tip Line report that youths under the legal drinking age were using fake IDs to buy alcohol at local businesses, Batavia Police investigators ran a series of compliance checks on Friday.

No problems were found at the locations in the Tip Line report, but undercover agents did continue an investigation looking for adults buying alcohol and giving it to teens.

Police say when a person was seen getting into a car with a teen in it after purchasing alcohol, the car was stopped "to determine the circumstances."  The results of the stop were not released by police.

There was alcohol that was confiscated on Friday night, according to police, and one case was referred to Genesee County Probation.

The press release states:

The Batavia Police will continue to be proactive in the attempt to deter underage access to alcohol with these types of programs with the assistance of funding from the Drug Free Communities.

Police Beat: Man allegedly found with three needles

By Howard B. Owens

Carla L. Spikes, 19, of 16 1/2 Hutchins Place, Batavia, is charged with petit larceny. Spikes is accused of shoplifting from the Family Dollar Store, 577 E. Main St., Batavia, at 4:20 p.m., Sunday.

Frankie J. McQueen, 19, of 115 Woodstock Gardens, Batavia, is charged with harassment, 2nd. McQueen is accused of pushing another person at about 3:50 p.m., Sunday.

Timothy A. Corner, 20, of 786 Edgewater Drive, Amherst, is charged with unlawful possession of marijuana, criminal use of drug paraphernalia, 2nd, and criminally possessing a hypodermic instrument. Corner was stopped at 12:50 a.m., Saturday, on Oak Street by Officer Darryle Streeter for an alleged traffic violation. Corner was allegedly found in possession of a small quantity of marijuana and three hypodermic needles.

Robert J. Talbot, Jr., 34, of 3517 Pratt Road, Batavia, is charged with harassment, 2nd. Talbot is accused of sending several e-mails to a woman that police say were "harassing in nature."

Kelli Marie Viehdeffer, 22, of 5 College View Drive, Batavia, is charged with aggravated DWI, DWI and moving from lane unsafely. Viehdeffer was stopped at 2:52 a.m., Sunday, by Sgt. Brian Frieday, in Batavia.

Kristopher Aaron Fisher, 36, of 168 W. Academy St., Albion, was jailed without bail following a traffic stop after it was discovered there was an outstanding warrant for Fisher out of Genesee County Court for an alleged failure to pay a fine.

Brandi Marie Smith, 29, of 108 Vine St., Batavia, is charged with petit larceny. Smith is accused of shoplifting from Kmart on Saturday afternoon.

David Paul Neibert, 23, of 151 Heritage St., Albion, is charged with petit larceny. Neibert is accused of stealing $250.97 in merchandise from Target at 4:44 p.m., Saturday.

Matthew N. Johnson, 23, of 3328 Pratt Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, driving left of pavement markings in a no-passing zone, and moving from lane unsafely. Johnson was stopped 12:27 a.m., Sunday, on Route 63, Town of Batavia, by Deputy Jason Saile.

Cory C. Beardsley, 28, of 21 Summit St., Le Roy, is charged with DWI, aggravated DWI (driving with a BAC of .08 or greater), aggravated unlicensed operation, speeding, consumption of alcohol in a motor vehicle, driving left of pavement markings and unregistered vehicle. Beardsley was stopped at 1:30 a.m., Sunday, on Route 19, Town of Le Roy by Deputy Howard Carlson.

John Dino Annechino, 40, of 598 Ridge Road, Webster, is charged with criminal contempt, 2nd, and disorderly conduct. Annechino is accused of yelling at his girlfriend in the parking lot of Batavia Downs at 1:10 a.m., Saturday. There was reportedly a "refrain from offensive conduct" order against Annechino in regard to his girlfriend.

Todd Charles Mortellaro, 39, of 2 Walnut Place in Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding and unregistered motor vehicle. Mortellaro was stopped on Route 262 in the Town of Byron at 12:23 a.m., Saturday, by Deputy Jason Saile.

Christopher M. Gray, 24, of 29 Washington St., Attica, is charged unlawful possession of marijuana. Gray was stopped on Route 33, Stafford, 3:37 p.m., Friday, by Deputy Matthew Butler.

Timothy D. Tooley, 48, of Medina, is charged with DWI and refusal to take breath test. Tooley was stopped by State Police in the Village of Oakfield at 9:23 p.m., Thursday.

Billy J. Johnson, 32, of Oakfield, is charged with petit larceny. Johnson is charged by State Police for an incident at 11:13 a.m., Jan. 8, in the Town of Darien. No further details available.

Thomas L. Murray, 27, of Alabama, is charged with menacing, 3rd. Murray was arrested by State Police at 1:30 p.m., Wednesday. No further details available.

Accidents from the State Police blotter:

9:17 a.m., March 26, Route 63 and Route 5, City of Batavia, one vehicle; Driver 1: Anthony L. Sipes, 49, of Onalaska, Wis. No injuries reported.

4:18 p.m., March 26, Reuen Road and Ledge Road, Town of Alabama, one vehicle; Driver 1: Clark Triftshauser, 72, of Medina. One injury reported.

9:30 p.m., March 24, Thruway, mile marker 376.3, Town of Le Roy, one vehicle; Driver 1: Amanda M. Brower, 21, of North Chili. No injuries reported.

Stoddards marking 10th year as proprietors of American Home Remodeling

By Howard B. Owens

After 15 years of working for other people in the home-improvement business -- both as a hired hand and in sales -- Tim Stoddard began to get the itch to do it himself.

"My wife Lisa was a big instigator of it," Stoddard said. "She kept telling me I could do it.”

So he enrolled in free classes from the Small Business Administration at Geneseo College and began planning what would become American Home Remodeling.

Ten years ago, Tim and Lisa launched their company with a vision for a firm that would be known for its quality and its personal attention to customer care.

"We didn't need to be a big fish," Stoddard said. "We didn't need to be the biggest company out there. We wanted to be a company known for honesty, doing the right thing and having the right people in place."

In part, that's how the name of the company came to be. American Home Remodeling sounded to Tim like a name that would stand for quality. It also helped that the company name would begin with "A" so it would be at the top of Yellow Page listings.

The company name also led to one of American Home Remodeling's signature marketing features -- its fleet of trucks painted in patriotic red, white and blue.

Lisa's cousin paints murals professionally and one day Tim asked her, "Can you make my truck look like it ran through an American flag?" She said she would give it a try.

The company now has four flag-painted trucks, each one a little different, he said.

"I went to the bank to make a deposit one day and a lady came up to me and said, 'Are you the fellow with the flag truck?'" Stoddard recalled. He said he was. "She said, 'I looked at the truck and I looked away and then I looked at it again and I thought, it's not offensive at all.'"

Stoddard said that's when he knew the trucks were helping project an image of a reputable, local company.

American Home Remodeling's bread-and-butter business, according to Stoddard, is roofing and siding, but he's also proud of his carpentry department, which allows him to take interior and exterior building jobs.

The siding business isn't about taking any job and putting the least expensive siding on a house, in keeping with Stoddard's goal of being a reputable mid-size business.

Stoddard said his company uses top-of-the-line materials and tries to maintain the character of the house. For example, the slats of the siding will match the width of the original wood clapboards, and if the house had gingerbread shingles, that decorative feature will be retained.

"I don’t do many rental homes because we’re too high for rentals," Stoddard said. "They want to go with the cheapest product they can in most cases. We don’t really want to have jobs out there with our name on it that look like that."

The Stoddards clearly have a love for Batavia's older homes. They live in -- and are restoring -- one of the Homelius-designed houses on Ellicott Avenue -- and in 2004 they purchased the Doty Mansion at the corner of Jackson Street and Highland Park.

In 2006, they completed the major indoor renovation of four apartments inside what was once one of Batavia's grandest residences (maybe only the long-ago destroyed Richmond Mansion could beat it).

The Stoddard's bought the mansion with only $5,000 down, with the previous owner carrying the mortgage and a bank financing more than $50,000 in restoration work.

"Once we went into the Doty Mansion, it was just a mess," Stoddard said. "It was just HUD. There was no heat into two of the apartments for two years. They had space heaters. There was raw sewage coming from the upper apartment to the lower one.

"We started demo’ing and you could see past all the dirt and debris that it was really a nice house at one time," Stoddard added.

At first, buying the Doty Mansion was just an investment. For the price, the Stoddard's figured they could fix it up and rent out the apartments to reliable tenants and turn a profit, but the restoration work had unexpected benefits for American Home Remodeling.

Through the work, the Stoddards tapped into a regional network of specialists in woodworking, masonry, stained glass and other specialties.

"Now, I’m not really too unsure of myself or afraid to try stuff," Stoddard said. "There’s so many people out there whom I now know who can do special things. It was kind of a blindfolded thing. I didn’t realize how beneficial it would be by working on that mansion."

There isn't enough restoration work in Batavia, Stoddard said, to make that a focus of American Home Remodeling, but he thinks that if more people knew the option was there -- even though it can be expensive work -- they might take that approach with their older homes.

"Somebody might have molding that is really ornate plaster, but bits and pieces are broken," Stoddard said. "If they knew we could come in and save that and restore it, then I think they would entertain that idea. I think a lot of people don’t realize it can be restored and fixed so they turn around and get rid of it."

But whether through renovations, siding or roofing, American Home Remodeling has been growing, Stoddard said. He projects this year the company will gross $1 million for the first time.

During peak building season, Stoddard said he employs as many as 18 people, and that's as big as he wants to get.

"We had 22 one summer, our fourth year in business, and I was just pulling my hair out. It got to be a little too much to deal with," Stoddard said.

Photo: Tim Stoddard, right, talking with the owner of a home his company re-sided for the previous owner.

Vehicle fire reported on the Thruway

By Howard B. Owens

A car is reportedly on fire in the eastbound lane of the Thruway around mile marker 388.

Town of Batavia fire is being dispatched.

The dispatch center has received multiple calls.

UPDATE 3:39 p.m.: A firefighter responding said the smoke can be seen from Bank Street. "It must be going pretty good," he said.

UPDATE 4:12 p.m.: Fire crews are picking up and the Thruway is being reopened.

UPDATE 4:19 p.m.: Town of Batavia Fire back in service.

Photos: A cabin, a barn, a hotel

By Howard B. Owens

mogadorehillton.jpg

When I'm out and about in the county, I usually try to find roads I've never driven down before. In coming back from the two accidents this morning, I came across three photo opportunities.

Above, the Magadore Hillton and Pembroke Hotel, at the intersection of North Pembroke and Beckwith roads. The spelling on the sign is "Hillton." That's not  a typo. The proprietor, according to the sign, is Linda Smith. It's hard to tell if this is an active business. There is a sign next to the building that advertises fish fry and beef on weck, but it also looked like it might be vacant, except for a possible residence on the side.

UPDATE: We just got this e-mail:

"Hi, my name is Linda Smith I have owned the bar for 30 years. It was built in 1850 and has been a working bar for a very long time. I have a little restaurant that serves fish frys every friday. We are open 6 days a week."

Below is what looks like an old hunter's cabin along Stegman Road, across from the Tonawanda Creek. 

The last picture is of a yellow barn -- don't see too many of those. It was on Powers Road.

oldcabin.jpg

yellowbarn.jpg

Man transported by Mercy Flight after horse accident

By Howard B. Owens

A man who has not been identified at this time was transported to an area hospital this morning after reportedly being kicked in the head by a horse.

The accident occurred shortly after 8 a.m. at 8170 North Pembroke Road, the location of D.J. Stables.

There is no further information about the accident available at this time.

Driver hits pole and keeps driving across open pasture in East Pembroke

By Howard B. Owens

A 37-year-old Batavia man was taken by Mercy Flight to ECMC this morning after he apparently drove into a telephone pole and across a field into a brush line.

His car travel another 150 yards after shearing the pole off at its base, leaving behind pieces of his minivan as he continued rolling across the cow pasture.

Luis Gomez was reportedly driving southbound on Read Road when he reached the intersection at Route 33 and allegedly failed to stop for a stop sign and continued straight across Route 33, striking the pole on the other side of the T intersection.

The possibility of drinking and driving has not been ruled out, according to Deputy Ron Meides. (See update below.)

There was a partially consumed 12-pack of beer in the back seating area, though no open cans were visible.

No other people were in the minivan at the time of the accident. No other cars were involved. 

Meides said Gomez was semiconscious as he was being prepared for Mercy Flight transport and was taken to ECMC "for evaluation."

East Pembroke Fire and Mercy EMS answered the initial call, which came in before 8 a.m.

UPDATE10:53 p.m.: Deputy Meides report was just released.  Luis Gomez had a BAC of only .04.  No citations were issued in the accident.  The minivan traveled 329 feet after striking the the utility pole. The home address for Gomez was listed at 20 Thomas Ave., left apartment.

Genesee County firefighters responding to fire in Attica

By Howard B. Owens

Fire units from Genesee County are being dispatched to a structure fire in Wyoming County, or being put on standby at fire halls in both Wyoming and Genesee counties.

The fire is reported at 3930 E. Main Road, Attica, Wyoming County.

Pavillion, Darien, Bethany, Alexander and Town of Batavia, at least, have either been requested to the scene or are on standby.


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Connecticut police have more questions than answers in double fatal accident

By Howard B. Owens

Connecticut law enforcement officials continue to investigate an accident that took the life of a Batavia man and another driver, according to the New London Day.

The Day reports:

Why was Lance Lewis, 36, of Batavia, N.Y., driving his Honda CRV southbound in the northbound lane?

Which ramp did Lewis use to access the highway?

Where was he coming from?

As they continue to investigate the circumstances of the three-car crash, state police are trying to retrace Lewis' steps to find the answers to these and other questions.

State police spokeswoman Kelly Grant said police will contact Lewis' family to try to determine what he was doing in Connecticut and where he was before getting into his car and driving the wrong way on I-95.

On Facebook, Paul Wishman said, "he worked at UPS with us, was on the morning shift loading the trucks." Laura Russell-Ricci identified him as a 1992 graduate of Batavia High.

The Day also posted a picture from the crash  (click link above).

UPDATE Click here for Lewis's obituary.

Tax lien auction falls short of county's goals

By Howard B. Owens

Thirteen parcels auctioned off at Bontrager's in Batavia on Saturday morning will add nearly $78,000 to the Genesee County coffers.

But's a bit short of the more than $100,000 in unpaid taxes that caused the county to foreclose on the properties in the first place.

County Treasurer Scott German said he was disappointed at the results.

The total tax assessment value of the properties exceeded $250,000, but one winning bidder said the Village of Le Roy rental he won for $8,000 wasn't worth the $22,000 in assessed value.

Winning bidders won't be responsible for the back taxes, but they may owe other fees and taxes to the towns and villages with jurisdiction over their winning properties.

Two of the properties auctioned off have been in the news in the past couple of years.

One of the first properties up for auction this morning was 789 Lewiston Road, a one-acre parcel where an alleged meth lab was found in November. It went for $3,000 (sorry, I'll need to follow up on the assessed value ... didn't write this one down for some reason).

The other property that was in the news was 7881 Lewiston Road, where a fire claimed the life of 17-year-old Erik Mooney on May 30, 2008. This Lewiston Road parcel went for the highest auction price at $29,000. There were $890 in taxes owed on the land, which was valued at $25,000.

One of biggest bargains of the day may have been out of the Village of Alexander, where a house and 1.28 acres at 3438 Telephone Road valued at $42,100 went for $8,000. There were $1,784 in taxes owed on the property, which led to its foreclosure.

Another bargain was 1 Pleasant St., Le Roy, which is valued at $48,600 and sold for $8,000. The back taxes on the parcel were $32,866.

Bidders said they were there for a variety of reasons, from representatives of Habitat for Humanity to landlords to people just looking for a bargain on a good piece of property.

The Foss's, pictured below, purchased a small parcel just because it adjoins their current property.

The video under the picture contains pictures from the auction. It's important to note that the audio has no relation to the bidders you see in the video. Just because you see a picture of a bidder doesn't mean he or she is bidding on the property in the audio or at the price mentioned. The audio is for bidding on 7881 Lewiston Road.

Drug charges follow traffic stop in Stafford

By Howard B. Owens

Three Batavia men are facing drug charges following a traffic stop on Route 33 in Batavia yesterday.

The men are accused of carrying drugs and needles after being stopped by Deputy Matthew Butler at 5:35 p.m.

Charged and released on appearance tickets were:

  • Andrew J. Draper, 31, of 9 Overlook Drive, Batavia;
  • David W. King, 28, of 3481 Batavia-Oakfield Townline Road, Batavia
  • Randy S. Wiedrich, 38, of 5 Porter Ave., Batavia.

All three were charged with possession of a controlled substance, 7th, and possession of a hypodermic instrument. Draper was charged with unlawful possession of marijuana.

The reason for the initial traffic stop was not reported.

Rooftop sitters want your cans and bottles to help little boy who needs new heart

By Howard B. Owens

Two-year-old Keegan Delcamp, of Batavia, has already had open-heart surgery. He still needs a transplant.

Two co-workers of Keegan's mother, Ronette Wolcot, from Attica, and Marcy Mabon, of Oakfield, are sitting atop Mabon's home to help raise awareness of Keegan's plight and encourage cash and recyclable donations.

The women started their rooftop sitting at noon today and will stay there until midnight noon tomorrow (Sunday).

They said the word got out fast today (mostly through forwarded text messages) and they've had a big turn out, including one man who dropped off -- anonymously -- $500 in cash first thing.  They've received other $500 donations, as well.

The pile of cans and bottles in Mabon's yard is about 4 feet high. Co-workers have already raised $2,000.

Mabon said there is no limit on how much they need to raise -- Keegan's needs are just too great.

To make a donations prior to noon (Sunday) drive out to 3781 Batavia-Elba Townline Road.

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