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Harvester assault suspect will take his case to trial rather than accept plea deal

By Howard B. Owens
Shane M. Bell

Rather than accept a potential plea offer that could limit his prison term to two years, a 47-year-old Batavia resident would apparently rather take his chances with a Genesee County jury on a felony charge of assault in the second degree.

Shane M. Bell is accused of hitting and seriously injuring a fellow patron of The Harvester outside the bar on Harvester Avenue in August.

Scott Baker, 52, reportedly suffered a serious head injury in the incident.

If convicted by a jury, Noonan could potentially sentence Bell to seven years in prison.

District Attorney Lawrence Friedman said that an offer that would have capped Bell's prison term at four years was rejected, but in doing so defense attorney William Teford ask if Friedman would entertain the idea of a two-year sentence cap.

Friedman said he told Tedford to ask his Bell if he would accept such a plea deal, but never ever actually offered the plea deal.

After court, Friedman said he didn't make the offer because he didn't want to put Baker's family through a discussion about such a plea deal unless there was a chance Bell would accept it.

According to Tedford, Bell said he wouldn't agree to such an offer.

At Bell's pre-trial hearing five months ago, Tedford raised the possibility of a self-defense claim by Bell.

Convicted child abuser will get new attorney for second trial

By Howard B. Owens
Earl Sprague

Earl Sprague, sentenced yesterday to 21 years in prison for child sexual abuse, will have a new attorney when he goes on trial -- possibly in March -- on a separate set of charges, including predatory sexual assault.

During an appearance today to set a trial date on the eight counts still pending against Sprague, attorney Fred Rarick told Judge Robert C. Noonan that it was apparent to him that Sprague no longer had confidence in him and that a new attorney should be appointed to represent the 42-year-old Alabama resident.

Noonan expressed some skepticism that Sprague really needed a new attorney, praising Rarick's ability as a criminal defense attorney.

"Mr. Rarick is one of the most experience criminal defense attorneys we have around here in handling very serious matters such as yours," Noonan told Sprague. "He worked very hard on this case. If there was a difference over strategy, that's not unusual."

Sprague told Noonan that he felt there was evidence that Rarick didn't bring out at trial that he thought should have been presented to the jury.

"I won't get into specifics, but there was a point in the trial where he said if we do this, they're (motioning toward the prosecution) is going to try and do something else," Sprague said. "We talked about it. I thought about it and then I said go ahead and he didn't go ahead and do it. None of it was brought up."

Noonan expressed concern that a change in attorney could delay the second trial, but after a little more conversation with Sprague and Rarick agreed to refer the case to the Public Defender's Office.

Sprague faces a trial on eight felony counts, including two counts of burglary, 1st, sexual abuse, 1st, criminal sexual act, 1st, aggravated sexual abuse, 1st, two counts predatory sexual assault, a Class II-A felony, and one count of assault, 1st.

Noonan set a trial date of March 24.

Sprague be back in court Jan. 30 to ensure a new attorney has been appointed and is working on the case and can be ready for trial on that date.

Slight annual uptick in local jobs according to state report

By Howard B. Owens

There are 100 new jobs in Genesee County compared to a year ago, but the jobs number remained unchanged from November to December, 2013, according to data released today by the Department of Labor.

There are 22,300 non-farm jobs in the county, according to the report.

The state is touting 10,400 new jobs statewide and a drop of the statewide unemployment rate to 7.1 percent.

The unemployment rate for Genesee County has not been released.

Wyoming County now has 13,500 jobs, up 100 from a year ago. There is no separate job data available for Livingston and Orleans counties.

Law and Order: Woman accused of leaving dog with no food while on trip to Florida

By Howard B. Owens

Lauren K. Pellegrino, 32, of West Main Street, Batavia, is charged with abandonment of animal and failure ot provide sustenance for an animal. Officers James Defreze and Chad Richards were dispatched to 129 Jackson St., Batavia, at 6:44 a.m. Jan. 6 to check on the welfare of a reportedly malnourished dog that was found by Pellegrino's landlord. The officers found a boxer/pitbull mix inside the residence. The officers determined the dog was allegedly "extremely malnourished."  Pellegrino allegedly left the dog unattended in the residence while she went on a vacation to Florida. The dog was removed from the residence and is being nursed back to health at the Genesee County Animal Shelter. Pellegrino was issued an appearance ticket on the charges.

Rachel E. Rast, 26, of Barefoot Lane, Caledonia, is charged with harassment, obstructing governmental administration and resisting arrest. Officers Darryle Streeter and Stephen Cromiller responded to a report of a disturbance at Batavia Gardens at 1:13 p.m. Rast allegedly resisted arrest and in the process struck an officer in the head.

Kristopher J. Staats, 23, of Montclair Avenue, Batavia, is charged with petit larceny. Staats allegedly stole $64.95 cents worth of steaks from Settler's Restaurant while employed by the restaurant.

Marc David Unger, 31, of East Main Street, Corfu, was arrested on a warrant for alleged violation of probation.

Brooke Lyn Blaszak, 22, of Summit Street, Batavia, is charged with grand larcney, 4th. Blaszak allegedly stole $1,400 worth of property from an acquaintance. Blaszak was jailed on $1,000 bail

Snow and wind predicted for tomorrow afternoon

By Howard B. Owens

With 2 to 4 inches of snow expected, and 20 to 30 mph winds, the National Weather Serivce has issued a winter weather advisory or tomorrow at 2 p.m. through 7 p.m., Saturday.

There is also a wind child advisory in place from 10 p.m. tonight through noon tomorrow.

Blowing snow could contribute to hazardous travel conditions.

Unlocked cars in the city again proving to be a magnet for thieves

By Howard B. Owens

Once again, local law enforcement is reminding people to lock up their cars, because unlocked vehicles seem to act as an invitation to thieves to help themselves to whatever they find inside.

From Jan. 13 through Jan. 20, Batavia PD received reports of items stolen from 12 unlocked vehicles at various locations throughout the city.

The thief or thieves took cash, change, purses, wallets, GPS units and other electronic items.

The larcenies were reported on South Main Street, Pearl Street, Franklin Street, Brooklyn Avenue, Meadowcrest Drive, Trumbull Parkway, Elm Street and Swan Street.

"The larcenies are believed to have been committed by persons walking in the neighborhoods during the evening hours," according to a Batavia PD press release.

To report suspicious activity in your neighborhood, call (585) 343-5000.

County announces committees to study nursing home issue

By Howard B. Owens

Press release:

The Genesee County Legislature, working with its consulting attorneys for long-term care planning -- Bond, Schoeneck & King -- is continuing a process of due diligence regarding the future of the Genesee County Nursing Home. This review has been made necessary by changes made by New York State in the long-term care fiscal and programmatic environment. Most critically, New York State is mandating that long-term care facilities begin moving to a managed care model.

The legislature has established three committees to keep moving the analysis and option review process forward expeditiously. They are comprised of members of the County Legislature and select administrative and community stakeholders on an “as needed basis."

The Long Term Care Sustainability Committee will be comprised initially of Raymond Cianfrini, Robert Bausch and Marianne Clattenburg; the Operations/Redesign Committee includes Annie Lawrence, Edward DeJaneiro and Gregg Torrey; The Community Engagement/Education Committees core members are Rochelle Stein, Frank Ferrando and Andrew Young. The overall focus is on the future role of the County’s 240 bed facility/services and to preserve the continuity, quality and accessibility to long-term care in Genesee County.

With the advent of mandatory Managed Care, New York State Department of Health has imposed fiscal constraints on all long-term care providers across the State, including regional reimbursement-rate formulas and the predominance of Medicaid as the principle revenue source for most New York State-based nursing homes. Time is of the essence to develop and articulate a strategy in 2014 which the Genesee County Legislature is pursuing posthaste.

In announcing the appointments and the start of the committee process, newly elected Chairman of the Genesee County Legislature Raymond F. Cianfrini stated: “Once again, changes made in Albany dictate that our county government work diligently to protect our taxpayers while insuring the availability of critical services to our community. Our charge to these committees and our consultants is that we devise a plan to insure that quality long-term care continue to be available and accessible in our community.”

Alleged Sunoco robber reportedly packing an Airsoft gun

By Howard B. Owens

Edward Wood

The man accused of robbing the Sunoco station at West Main and Dellinger Avenue on Tuesday night reportedly told police after his arrest that he wrote out a note, put on a red hoodie and black ski mask and brandished an Airsoft gun in an attempt to obtain cash to support his daughter.

Edward Wood III, 21, of Vine Street, Batavia, is charged with robbery, 2nd, criminal possession of a weapon, 4th, petit larceny, menacing, 2nd, and criminal mischief, 4th.

In a sworn statement to police, Wood admits to the robbery and says, "I'm sorry for what I did. I would not have done this if I had money to support my daughter."

Even though Wood was allegedly carrying an Airsoft gun, the clerk in the station took the situation very seriously.

"When he walked in, he started pointing a gun at me," the clerk wrote in his statement. "It was a black handgun. It looked like a Glock to me. The gun was already drawn at me when I first saw him. ... He said, 'Give me the money, Bro. I'm not playing around.' Then he chambered a round in the gun and kept it pointed at me."

The clerk also said at one point, the robber slammed the gun down on the counter, breaking the glass.

"I was afraid he might shoot me," the clerk wrote. "I opened the cash drawer and started taking out all the bills. When I got to the singles, he said 'That's enough. That's good.' "

Wood's version of events differs slightly.

He said he borrowed the Airsoft pistol (a gas-fired pellet gun) from a friend and wrote out a note that said, "Empty the cash drawer, put the Newport cigarettes in bag."

"I told the guy at the counter to not be stupid and give me the money," Wood reportedly told investigators. "I had the Airsoft gun in my right hand. The guy froze at first. He then told me to take what I wanted, pointing at stuff around the store. I told him I did not want that. I banged the barrell of the gun on the counter and I told him I wanted money."

Wood told investigators he took the money and ran from the store, down Dellinger Avenue, discarding the sky mask and hoodie as he fled.

He said he made it to his uncle's house and started to walk up the front steps, but then changed his mind about stopping there.

As he started to continue on his way, two Batavia PD patrol cars arrived on scene.

Dispatchers reported the robbery to patrols at 9:50 p.m.. Officers James DeFreze and Jamie Givens had Wood in custody at 9:53 p.m.

Wood was jailed without bail.

Previously: Sunoco on West Main robbed, suspect already in custody

Head-on collision with serious injuries on Route 5, Stafford

By Billie Owens

A serious injury, head-on collision is reported at 6372 Route 5 in front of A.D. Call & Sons Trucking company. One victim has a compound leg fracture. Extrication will be needed. Two Mercy rigs are called. Route 5 is completely blocked in both directions and will be shut down at Route 237. Mercy Flight is in route. Stafford Fire Department is responding along with mutual aid from Le Roy. Law enforcement is on scene.

UPDATE 6:55 a.m.: Stafford Fire Hall will be the landing zone.

UPDATE 6:57 a.m.: Mercy Flight has landed.

UPDATE 7:09 a.m.: Town of Batavia's Engine 24 is at the Stafford Fire Hall. The state DOT is notified that a lot of salt will be needed on the roadway before Route 5 can be reopened.

UPDATE 7:17 a.m.: The victim has been extricated.

UPDATE 7:22 a.m.: An ambulance is transporting a patient to the landing zone at the fire hall.

UPDATE 7:30 a.m.: Mercy Flight is airborne and headed to Erie County Medical Center.

UPDATE 7:34 a.m.: Le Roy is returning to service. The second ambulance called in is also back in service.

UPDATE 8:01 a.m.: The roadway is reopened. Stafford and mutual aid back in service.

UPDATE 9:20 a.m. (By Howard): One person suffered leg serious leg injuries in the accident. Because the Chevy sedan's airbags didn't deploy and the driver did not appear to be wearing a seat belt, there is concern of internal injuries. The patient was transported to ECMC by Mercy Flight. He had not yet been identified.

The driver of the pickup truck was Timothy Parmenter. Parmenter said he was westbound on Route 5 when he saw the sedan on the north shoulder heading eastbound. The sedan's driver tried to correct and get back into the eastbound lane.

"I was trying to head away from him, but he was kind of following me and I couldn't get away from him," Parmenter said.

Parmenter was not injured.

He said when he got out of his truck, another person was tending to the driver of the sedan, "trying to calm him down."

Deputy John Duyssen said it appeared that the front windshield of the sedan was completely iced over -- on the inside.

Duyssen said there were two uninvolved eastbound cars that were immediately behind the Chevy sedan. The drivers did not stop at the scene. He said it's very important the drivers in those cars contact investigators and provide witness statements. He's asking that the drivers immediately call either Investigator Kris Kautz or Deputy Chris Parker at (585) 343-5000.

UPDATE 5:19 p.m.: The driver of the sedan has been identified aas Robert C. Putney, 55, of Main Road, Stafford. Citations were issued for allegedly driving on the wrong side of the road and not wearing a seat belt. Putney reportedly told Deputy Chris Parker that his windshield was not defrosted and that he couldn't see clearly.

Expert on problem-oriented policing provides some advice for Batavia

By Howard B. Owens

It's one thing, according to Andy Mills, chief of police in Eureka, Calif., to lock down a neighborhood and try to initiate police contact with every resident.

It's an entirely different approach to bring all of the resources of city government onto a troubled street and invite residents to participate in local problem solving.

The first approach invites resentment, Mills said. The second opens doors to better communication between residents and police.

Mills hopes the Batavia's plans for what officials have called "neighborhood sweeps" is more like what the city of San Antonio, Texas, has been doing, which is setting up mobile city halls in troubled residential areas.

"It all depends on the intent of the effort," Mills said. "If it's a temporary city hall where people can come to you and tell you what the issues are and what they would like to see addressed, I think that's a wonderful idea. If the effort is going to be going in and throwing up an iron curtain and body checking everybody (who) is coming through, I wouldn't see that as viable. At least, I wouldn't do it."

Mills was encouraged by a statement from City Manager Jason Molino that he read where Molino said the goal was to get folks out of their homes and communicate with local officials. That's the right approach, Mills said.

Mills is a former captain with the San Diego Police Dept., where he worked, among other assignments, in the gangs and intelligence units. He has done consulting work all over the the United States in problem-oriented policing and managed a patrol team that won the Herman Goldstein Award for Excellence in Problem-Oriented Policing. He's also won the Police Executive Research Forum’s national Gary P. Hayes Award for his contributions to improving the quality of police service.

(I was introduced to Mills this week by Rana Sampson, a nationally known expert in community-oriented policing, whom I met in 1996 when I wrote a profile of her for San Diego Magazine.)

Eureka is a small city, especially by California standards, with a population of 27,000. It's located on the coast in Northern California.

Just this week, Mills said, he met with a group of Eureka residents sharing some of the same kinds of concerns arising in Batavia.

The good news is, Mills said, Batavia, like Eureka, has a community of people concerned enough about their community to get involved.

Shawn Heubusch, Batavia's chief, has said BPD's response to neighborhood problems will be data-driven. Data on crime and complaints and the suspected location of people known to cause problems will be used to select neighborhoods for sweeps. 

Using data to identify problem areas is the right approach, Mills said.

"You should certainly focus a lot of your resources on those locations," Mills said. "That would go to the heart of problem-oriented policing."

Identifying landlords who won't bring buildings into code compliance is also a good approach.

"You want to remove the environment that makes those neighborhoods friendly to ne'er-do-wells," Mills said.

He added, "You certainly want to create an environment where criminals feel uncomfortable, but at the same time, you want to make sure government works for all people. You certainly look at criminal behavior rather than a criminal profile. You tackle behaviors. If somebody is selling dope at a particular location or creating social disorder by hanging out, you tackle those specific problems."

The mission of making the environment uncomfortable for criminals, of course, should not disrupt the rights of individuals, he said.

As for the seeming rise in gun play in the Batavia, it's certainly something to pay attention to, Mills said, but he also praised Batavia PD for reacting strongly to the rise in gun-related incidents.

"I applaud them for being attuned and aware of what they're facing," Mills said.

He said, it's important, though, not to overreact.

"If you're having an isolated problem, then get rid of the problem," Mills said. "If you're seeing a trend, then deal with the trend."

That's where analyzing data and being thoughtful about what it means comes into play, Mills said.

"I think what you need to do is establish overall trends," Mills said. "If you're starting to see trends that are a concern, take a look at that. I would want to see more over a longer period of time before we made any harsh decisions that could have a long-term impact on a community. That's not to say a neighborhood sweep is a harsh decision. I'm just talking in general."

On video surveillance cameras, there's no doubt they are very successful at reducing crime, Mills said.

"I don't have a problem with them," Mills said. "There are some liberty issues that your local community will need to wrestle with, but I'm generally in favor of using cameras under the right circumstances."

Cameras, he said, should be monitored.

When told that wasn't the plan in Batavia, that rather, recordings would be reviewed after the fact of a crime, Mills said he understands the resources it would take a small police department to monitor surveillance cameras around the clock, but there's also a solution to that problem.

"Ask volunteer community members to monitor the streams over the Web," Mills suggested. "There are a variety of options, but getting a camera is the step in the right direction."

Among the resources Mills recommend is the Web site for the Center for Problem-Oriented Policing and particularly the article "25 Techniques of Situational Prevention."

"Batavia sounds like a wonderful city," Mills said. "People really care about their neighborhoods. If you look at the research, where people are looking out for each other, crime is reduced."

Noonan gives maximum available sentence to Alabama man convicted of child sexual abuse

By Howard B. Owens
Earl Sprague

Convicted by a jury on 28 counts of sexual abuse, Earl Sprague will soon begin a 21-year prison term while still maintaining his innocence.

The 42-year-old Alabama resident was sentenced in Genesee County Court today by Judge Robert C. Noonan.

"It's a very sad circumstance, but the saddest part is that two kids have been victimized repeatedly over an extended period of time," Noonan said. "I do believe a serious sentence should be imposed over a lengthy period of time."

On the first three counts of sexual abuse the jury said Sprague did commit, Noonan gave Sprague seven years on each count to be served concurrently. On counts four through 17, again, seven years each, served concurrently, but consecutive to the first seven years. On counts 18 through 28, seven years each, running concurrent to each other, but consecutive to the first two groups of counts.

The three groups of seven-year sentences, served consecutively means Sprague will be locked up for 21 years, barring any time off for good behavior.

The sentence was the maximum available to Noonan under state sentencing guidelines.

District Attorney Lawrence Friedman told Noonan he would recommend Sprague spend the rest of his life in prison, if only that were an option for Noonan.

"It would be appropriate to send him to prison for the rest of his life, but that can't be done," Friedman said. "We will once again have to worry about what this defendant is going to do once he's out of prison. I would ask that you do everything in your statutory power to keep this defendant locked up for as long as possible as required by law."

Sprague will be on parole for 10 years following his release from prison.

Defense attorney Fred Rarick told Judge Noonan that his client had been prepared to make a statement in court, but after Noonan ruled that a television camera could record the proceedings, Rarick said his client informed him he would not make a statement.

"He can choose to make a statement or not make a statement," Noonan said. "This is a public courtroom and the presence of a camera only enhances the public nature of it to some extent. It's his choice."

Sprague made no statement.

The two young victims he was convicted of molesting had originally requested to appear at the sentencing and make victim impact statements, but neither appeared today. Instead, Assistant District Attorney Melissa Cianfrini read statements from both victims.

Rarick filed a notice of appeal and explained after court that he did so primarily to preserve his client's right to appeal his conviction. Rarick said it will be up to an attorney who specializes in appeals to review the transcript of the case and determine what if any issues might be proper for appeal to a higher court.

There could be an issue, Rarick said, with Noonan allowing the jury to hear evidence of Sprague's prior bad acts, including prior accusations of children molestation going back 30 years.

"My client respectfully disagrees with his ruling," Rarick said. "We thought he shouldn't let any priors in because it would take the jury's mind off what the real issues are."

From Rarick's point of view, those issues include an estranged wife who had motivation to keep Sprague from gaining custody of their children after she was accused of burglary and theft. According to Rarick, Penny Sprague made statements prior to Earl Sprague's arrest that she knew how a woman could get a man in trouble and that children could be convinced to make accusatory statements.

Rarick said there were never any accusations or concerns raised about Earl Sprague molesting these particular children until Penny Sprague became a suspect in a burglary.

Sprague will be back in court tomorrow because he still faces eight felony counts from another grand jury indictment, including two counts of burglary, 1st, sexual abuse, 1st, criminal sexual act, 1st, aggravated sexual abuse, 1st, two counts predatory sexual assault, a Class II-A felony, and one count of assault, 1st.

Child left in car in Batavia Downs' parking lot

By Billie Owens

Law enforcement is responding to the parking lot of Batavia Downs to meet up with security officers who report that a child has been left alone in a vehicle.

UPDATE 5:32 p.m.: "I'll be clear (leaving the scene). No report. The child has been reunited with the stepmother," says an officer.

Photos: Sheriff's staff programming 520 new portable radios for firefighters

By Howard B. Owens

County personnel are in the midst of programming new Harris XG 25P radios for the new emergency communication system that is expected to begin operating by Feb. 12.

Each radio must be plugged into a computer and programmed to the proper frequencies. The programming takes seconds, the paperwork that goes with each radio takes a bit longer, said Keith Hunt.

Each radio is assigned its own IP address which must be documented. (An IP address is a numerical code used in Internet communications to identify computers on the network. The computer you're using now to read this story has an IP address.)

Russ Lang said there are 520 portable radios in this room, all of them earmarked for volunteer firefighters.

The county has already completed the installation of new radios in fire trucks and chiefs' vehicles -- 300 in all.

The countywide emergency communications upgrade is a more than $10 million expense, paid for largely by federal grants. It's part of a Homeland Security plan to have all communication systems in all counties on an interoperable emergency system.

The new system -- except for outgoing fire dispatch calls -- will be incompatible with any current scanners private citizens own. Uniden is releasing a new scanner this week that will be compatible with the new system. Locally, it can be purchased from G&G Communications in Le Roy.

Genesee County Jail superintendent retiring at the end of March

By Howard B. Owens

With 30 years in the NYS public employee retirement system, Jail Superintendent Ed Minardo has decided maybe it's time take his life in a new direction.

Minardo, who became superintendent in 2011 after six years at the helm of Genesee Justice, is retiring effective March 28.

“Basically, I have my 30 years in with the New York State retirement system and was contemplating the opportunity to do some other things that I have had a long-term interest in with regard to restorative justice issues and also teaching,” Minardo said. “So it just seemed like the right time to do it."

Minardo currently teaches at the College at Brockport and RIT and says teaching is something he could stick to, but he says he’s still exploring future options.

“Where I go from here or what life is going to be like...that’s going to be kind of an unknown,” Minardo said. “I’m not quite sure. I think what I hope to be able to do is try to take a little time when I first retire and kind of get a sense of what I’m interested in doing and then kind of go with my passions where I follow from there.”

“I’m sure I’m going to be very busy doing something,” he said. “I don’t see myself ready for the rocking chair too soon.”

He started his career in the early '80s with the Town of Greece Youth Bureau as a youth referral counselor. He worked at the NYS Department of Corrections for 18 years.

In 2010, Minardo voluntarily gave up his job as director of Genesee Justice to help slash the county's cost of running the program and ensure its continued existence. Genesee Justice hasn't been seriously jeopardized by the budget ax since then.

Sponsored Post: St. Joseph School will celebrate Catholic Schools’ week starting on Sunday January 26th

By Lisa Ace

St. Joseph School will celebrate Catholic Schools’ Week starting on Sunday January 26th with an Open House at 10 a.m. followed by a Family Mass and lunch provided by Subway. The Open House is for all prospective students and pre-registration is not required.

The theme for the National Catholic Schools Week 2014 is “Catholic Schools: Communities of Faith, Knowledge and Service.” The theme encompasses several concepts that are at the heart of a Catholic education. First, schools are communities — small families in their own right, but also members of the larger community of home, church, city and nation. Faith, knowledge and service are three measures by which any Catholic school can and should be judged. There is no better way to invest in a child’s future — or the future of our world.

In recognition of Catholic Schools' Week, students will participate in Crazy Hat and/or Hair Day on Monday. Parents are encouraged to join their children for lunch that day and play Bingo. On Tuesday, K-2 students will visit the YMCA for activities including swimming, group exercises and fun in the bounce house. Students in grades 3-8 will go bowling at Mancuso Lanes. Wednesday is Pajama/Movie day and on Thursday students will participate in “House” activities including dancing, trivia, and making Valentine’s gifts for Veterans. The week will wrap up on Friday with a 7th/8th grade Basketball Game and participation in Jump Rope for Heart. The festivities will conclude with a Family Dance on Friday night at the school.

To find out more about St. Joseph School, the Open House or Catholic School’s Week, visit www.sjsbatavia.org or call 343-6154.

Hawley says the math of Cuomo's budget doesn't add up

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is skeptical of the governor’s executive budget which was laid out today in Albany. Hawley notes that this proposal is a starting point in negotiations over the budget and will be changed before a final product is passed in late March. In that time, Hawley will be working to improve the budget by supporting the good elements and seeking to have the bad parts removed. Overall, Hawley’s impression of the budget is that the numbers do not add up since increases in education spending and tax relief measures are both larger than the surplus the governor is touting.

“The governor certainly rolled out some bold ideas for tax relief and increased education spending. However, I do not see how the math adds up. This budget proposal includes $2.2 billion in overall tax relief and $3.8 billion in increased education spending, when we supposedly only have a $2 billion surplus projected for 2017,” Hawley said. “I will investigate this further, but it seems to me that this proposal would put our state into debt. If this does not put our state in debt, then the money must be coming from somewhere, possibly from other important programs and services.

“A more realistic tax relief plan would involve eliminating some of the unnecessary mandates handed down to municipalities by Albany. For example, the state forces counties to spend more on Medicaid than any other state in the country. This is why our property taxes are so high. Curbing spending on this and other mandates would have a much greater impact on property taxes on New York.”

Hawley is also blasting the governor’s proposal for taxpayer-bankrolled political campaigns. This proposal would give taxpayer dollars to politicians to use on commercials, mail pieces, robo-calls, and other annoying campaign materials that hard-working families are bombarded with during campaign season. Hawley strongly opposes this idea and will fight to have it removed from the budget.

“Taxpayer-bankrolled campaigns are essentially welfare for politicians. Taxpayer money should be given back to the overtaxed families of Western New York before it is spent on endless political commercials and mailers,” Hawley said. “I am going to fight against this proposal and redirect this money back to the taxpayers who actually need this money.”

Plans approved for Kohl's next to Dick's

By Howard B. Owens

A subdivision of Batavia Towne Center to make way for a Kohl's Department Store was approved by the Town of Batavia Planning Board on Tuesday night.

The subdivision is necessary, according to Kate Johnson, of COR Development (top photo) because Kohl's needs its building on its own parcel for financing, tax and insurance purposes.

Kohl's will own its building, but COR will continue to own the land.

A subdivision carves a parcel of land from an existing parcel to make a new parcel with its own tax ID number.

Kohl's is planning 56,883-square-foot building roughly in the area of the former Lowe's garden center.

Johnson also revealed that Marshall's is planning a store next to Dick's Sporting Goods and said a fourth store is planned for the former Lowe's space, but said she can't mention the name of the store.

Previously, it was reported that the discount chain 5 Below was planning a store for the location.

Town officials are also considering a sidewalk for pedestrians that would connect Batavia Towne Center and Batavia Downs as well as an extension of Richmond Avenue through to Veterans Memorial Drive.

Kmart evacuated because of natural gas smell in the building

By Billie Owens

The Kmart at 8363 Lewiston Road is being evacuated because of an odor of natural gas in the building. Town of Batavia fire is on scene and National Fuel is notified.

UPDATE 2:55 p.m.: The town's assignment is back in service. National Fuel is working to fix the problem. The store will remain closed in the meantime.

Top Items on Batavia's List

Tourism Marketing Assistant Position The Genesee County Chamber of Commerce, serving as the official tourism promotion agency for Genesee County, NY is seeking an experienced marketing professional to assist in the overall Chamber tourism and marketing initiatives for Genesee County. https://visitgeneseeny.com/about/join-our-team
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Town of Batavia Court Department is seeking a part time as needed Court Officer. Court Officers are responsible for maintaining order in the court room and court facility during proceedings. Please send resume to Town of Batavia, Attention Hiedi Librock, 3833 West Main Street Road, Batavia, NY 14020. Complete job description is available on the Town web site or at the Town Hall Application deadline is April 15, 2024.
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