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Today's Today's Poll: Should county legislators serve four-year terms and have election terms staggered?

By Howard B. Owens
Should County Legislators serve four-year terms and have election years staggered?

 

For Background on this poll, see yesterday's story by Paul Mrozek. A Darian Town Council member raised the issue at the Ways and Means Committee meeting on Monday.

"It's kind of ridiculous to have all nine legislators up for election at the same time," said Steve Ferry, a member of the Darien Town Board. He said four-year terms would provide more consistency for the Legislature and would also attract more candidates for the nine seats.

"When you tell people (potential candidates) it's a two-year term they kind of walk the other way," Ferry said.

UPDATE (2:55 p.m.): This notice was just sent to County Legislators.

Chair Hancock has requested your attendance at a Committee of the Whole Meeting Wednesday, April 8th at 6:30 PM for the purpose of discussing a request by Steve Ferry to bring to consideration the extension of Legislature Terms to four years and staggering those terms.  In addition, Mr. Ferry has requested a reconsideration of Legislature Rule 22 in regards to addressing the Legislature.

Group of Democrats vote against budget without affecting the outcome

By Howard B. Owens

The Buffalo News reports this morning that a group of Western New York State Assembly Democrats "rebelled" against party bosses by voting "no" on a slate of budget bills.

But how much of a rebellion is it when the outcome is predetermined?

And 23 Democrats — nearly a quarter of the party’s conference — voted no on a massive bill involving health care spending.

What’s going on? Why would so many Democrats buck their leadership on such a crucial matter?

One answer is because Democrats control the Assembly with a highly secure 109-41 margin, leaving plenty of wiggle room to let some members avoid making a politically uncomfortable vote without affecting the overall outcome of a bill the leadership wants passed.

So some Democrats who might face a backlash back home get to play it safe and "buck" party leadership. Does it really make a difference? We still get stuck with this loser of a budget.

Batavia native starring in tribute musical to John Denver

By Howard B. Owens

John Birchler left Batavia a long time ago, but he's making headlines in Schenectady where he's starring as John Denver in a off-Broadway tribute musical called "Almost Heaven."

Birchler left Batavia to attend college in Albany, and landed a teaching job near the state capitol after graduation. He is now retired.

“I don’t try to sound like him. It’s just a matter of representing his songs in that John Denver musical style. We want to perform the songs and be as faithful to him as we can.”

Birchler is the only identified character in the show, which includes 29 of Denver’s tunes, some of them accompanied by an audio-visual presentation.

“There are no real characters, but I do portray a John Denver-like figure,” said Birchler. “There’s a bit of a narrative thread throughout the show, and that’s me talking a little bit as Denver about different things that happened in his life. Beyond my little dialogue and the music, there’s an A-V component that includes almost 130 images projected onto a screen. In some way, they illustrate the songs and much of Denver’s life.”

Suspected drug dealer reportedly tried to flee from police on foot

By Howard B. Owens

BATAVIA , N.Y. -- Kirby S. Wall, 32, of Rochester, reportedly tried to run from Drug Enforcement Task Force investigators yesterday only to be found hiding along the east wall of 400 Towers. The foot chase started at a residence on Swan Street, where officers had gone in an attempt to arrest Wall for allegedly dealing in crack cocaine. Wall was allegedly found to be in possession of $1,000 worth of crack and a quantity of marijuana.

Previously, Wall reportedly made two sales of crack cocaine to undercover investigators.

Wall is charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance, both felonies. He is also charged with unlawful possession of marijuana and obstructing governmental administration in the second degree, a misdemeanor.

Assisting in the investigation were the Batavia Police Department, the Genesee County Sheriff's Office, Livingston County Sheriff's K-9 Unit, and the Genesee County District Attorney's Office.

Police Beat: The case of the missing tires

By Howard B. Owens

Gorgon L. Montgomery, 50, of Batavia, allegedly thought he could get something for nothing. He is accused of taking four tires that had been chained to a residential tree and marked "for sale." The tires disappeared the night of April 1 and were allegedly found in the back of Montgomery's pick up truck yesterday. He is charged with criminal possession of stolen property in the 5th degree. He was issued an appearance ticket on the charge.

Gerald P Perkins, 77, of LeRoy, was reportedly stopped for driving a vehicle without break lights. Upon further investigation, the arresting deputy reports, it was determined that Perkins was allegedly driving while impaired by alcohol. He was charged with DWI and released to a friend.

Michael C. Mirabal, 36, of Batavia, is accused of taking and using another person's car with out permission. He is charged with one count of unauthorized use of a motor vehicle, a misdemeanor. He was issued an appearance ticket.

Accused cattle rustles couldn't evade long arm of the law after anonymous tip

By Howard B. Owens

Cattle rustlers like to go after calves, according to Sheriff's Department Investigator Timothy J. Weis.  Weis said the younger animals are easier to move -- they can fit in the back seat of a car -- and easier to sell because they don't often yet have any permanent identification.

"It's easy to cut a calve's identification from its ear," Weis said. "You can use scissors or metal snips. You then have a hole in the ear, but it's difficult to identify the cattle afterwards."

That ease of movement and lack of identification may have been what Charles M. Fuller, 20, of Gainsville, and William C. Raymond, 26, of Castile were counting on when they allegedly calf-napped three young Holsteins from Noblehurst Farms, York Road, Pavilion, on March 23.

What the alleged theives weren't counting on was an anonymous tip that led investigators to suspect Fuller and Raymond.

Without the tip, there may never have been an arrest in the case. Even though the Sheriff's Department notified the livestock auction houses in the region, the thieves were apparently able to successfully sell the calves at the Maplehurst Livestock Market in Hinsdale.

"They (Maplehurst) didn't catch it (that the calves were stolen) and they processed the sale as normal," Weis said.

Rather than try to recover the calves, which would involve tracking them through other possible sales channels and possibly as far as California, the owners of Noblehurst have elected to seek restitution from the defendants upon conviction, Weis said.

The owners are also concerned that "now that the calves have mixed with other cattle, they could bring back disease and infect their other cattle," Weis said.

Often times, Weis said, investigators need not rely on anonymous tips. Because auction houses are notified when calves are stolen, they might spot unusual activity and let law enforcement officials know.

"When they see some individual who doesn't seem to be a farmer (trying to sell cattle), that's a clue," Weis said.

Even so, Weis said that livestock auctions are hectic environments and not conducive to every seller getting close scrutiny.

"You would be surprised at how easy it is to go unnoticed," Weis said.

That's why the anonymous tip in this case may prove crucial in getting a conviction and lead to restitution for Noblehurst.

Mug shots above: Fuller upper left; Raymond, lower right.

No immediate plans in Batavia to take advantage of new red light camera rules

By Howard B. Owens

Several cities in New York have lobbied the Legislature to allow them to install traffic enforcement  cameras to help catch drivers who run red lights.

Red light cameras are controversial because many citizens view the devices as a get-quick-rich scheme for municipalities, while often times law enforcement officials defend the automated cops as a legitimate traffic control measure.

So the natural question is, if Batavia had the chance, would officials like to install such cameras at any intersections in the city?

City Council President Charlie Mallow said the subject has come up in informal discussions around City Hall, but there is no immediate plans to pursue the option.

"The city has a huge problem with out-of-town truck traffic and speeders bypassing the Thruway," Mallow said. "Traffic is the number one complaint I hear from residents."

Even so, Chief of Police Randy Baker said he hasn't looked into the issue at all. He's aware there is talk of installing the cameras in other cities, but no such proposal has been floated in Batavia as far as he knows.

"I'm not sure even what's involved," Baker said. "I'm not sure how expensive the cameras are or what kind of support is needed."

Council member Rosy Mary Christian said she hasn't given the issue any thought because none of her constituents have raised the issue.

But Mallow doesn't think the idea is off the boards.

"The city already has a plate reader on a (police) car that I’m told has been very effective," Mallow said.  "I guess I have yet to make up my mind about these cameras. If the police department believed it would be effective, I would be open to discussing it."

Both Buffalo and Rochester have long sought permission from the Legislature to install the cameras. The Buffalo City Council voted this week to ask Albany again if it could install 50 cameras. Rochester is expected to seek permission in a City Council vote today, according to an article in the Democrat and Chronicle.

 

Cities, including New York City, have been clamoring for years to install the cameras, but had been rebuffed by Assembly Transportation Committee Chairman David Gantt, D-Rochester.

However, Gantt said Wednesday he will no longer object to the measure and sponsored legislation this week to let Rochester have the cameras, which take snapshots of vehicles that run red lights.

Gantt said he still has reservations about whether the cameras invade privacy and increase safety. But he said legislative leaders and Gov. David Paterson have been pushing for the measure, so Rochester should be included.

Cities see the cameras as a way to cut down on drivers speeding through red lights and to generate new revenue; each offense would bring a $50 fine.

Citizen advocates, however, charge that municipal red light cameras are nothing more than a revenue grab. A site that tracks red light camera issues, TheNewspaper.com, claims Suffolk County transparently admits its desire for red light cameras is partly driven by a need to make-up revenue short falls.

In a four-hundred-page review of the county's financial situation released earlier this month, officials mentioned only one purpose for the automated traffic enforcement devices.

"At this point the County needs to make hard decisions," the 2009 county budget review states. "Do we raise property taxes? Do we seek state approval to raise the overall sales tax rate? ... Do we raise revenue from traffic tickets by instituting red light cameras? ... These are some of the choices, none of which are attractive. Nevertheless, we must face reality and begin serious discussions on what direction to take."

Suffolk County believes it could generate $3.5 million in new revenue from red light cameras.

The Insurance Institute for Highway Safety takes a different view of red light cameras, however, claiming that the cameras do help to reduce traffic accidents.

A nationwide study of fatal crashes at traffic signals in 1999 and 2000 estimated that 20 percent of the drivers involved failed to obey the signals. In 2007, almost 900 people were killed and an estimated 153,000 were injured in crashes that involved red light running. About half of the deaths in red light running crashes are pedestrians and occupants in other vehicles who are hit by the red light runners.

Motorists are more likely to be injured in urban crashes involving red light running than in other types of urban crashes. Institute researchers studied police reports of crashes on public roads in four urban areas during 1990-91. Occupant injuries occurred in 45 percent of red light running crashes, compared with 30 percent of other crash types.

...

A study conducted during several months at five busy intersections in Fairfax, Virginia, prior to the use of red light cameras found that, on average, a motorist ran a red light every 20 minutes at each intersection. During peak travel times, red light running was more frequent. Analysis of red light violation data from 19 intersections (without red light cameras) in four states found that 1,775 violations occurred over 554 hours, for a violation rate of 3.2 per hour per intersection

What these statistics do not reveal, however, is what these drivers were doing before running a red light. There is a huge difference between blatantly speeding through a red light and being caught by a short or unexpected red light and not having adequate time to safely stop. I've always wondered how many of the cited accidents, used to justify red light cameras, where caused by drivers who just happened to be the last car through the intersection with no real intention to run the red light?

Charlie Mallow said one reason he's ambivalent about the cameras is he's received a red light camera ticket before.

"I’ve also been on the short end of a traffic camera myself in California. So I understand the frustration of being caught by a big brother spy camera."

And I've gotten such a ticket. My ticket came while I tried to make a left turn at a Ventura, Calif. intersection. I was stopped at the red light and third car in line.  As I accelerated for my turn as the number two car, the light changed to yellow and just as I reached the limit line, it changed to red. Caught.  Three days later I received a letter from the city with three pictures of me in the intersection.  My frustration was that while I technically committed an infraction, there was no way I posed any threat to any other drivers.  With traffic stopped in all directions, there was no chance of anybody moving into the intersection at that point.

Running red lights is dangerous, but I don't believe red light cameras are really intended to stop the such reckless drivers. They are really designed to trap people like you and me so that the government can reach one more time into our wallets and extract a little cash.

At least there is this much though: If New York's fine is only $50, that's a hell of a lot better than the $260 of my California fine.

Genesee Community College Employee Wins National Paragon Award

By Howard B. Owens

Press Release:

BATAVIA, NY  -- Genesee Community College is pleased to announce Hal Legg has received a Paragon Award, which recognizes the highest achievement among two-year college communications professionals across America, Canada, and several other countries. Hosted by the National Council for Marketing and Public Relations (NCMPR), this year's competition drew more than 1,700 entries.  Hal took top honors in the "Notes/Cards/Invitations" category for "Flip Flop," a student recruitment mailing shaped liked a sandal.

Legg also received two scholarships totaling $500 to defray the cost of his attendance at the NCMPR national conference which took take place March 15 - 18 in Kansas City, Missouri. He won a $400 "Seasoned Professional" award for professional development and a $100 scholarship from the NCMPR's District 1 Council, which is the governing body of the organization's Northeast region. This is the second consecutive year that Hal has received both national and regional scholarships to attend an NCMPR event.

"Flip Flop" previously won gold at the NCMPR's District 1 Medallion Awards last October in Saratoga Springs, prompting Hal to enter it in the Paragon Awards. One of the elements that make "Flip Flop" so interesting is that it is Customized Market Mail (CMM), which is a special postal classification. With CMM, irregularly shaped pieces (in this case, life-sized sandals in the sand) can be mailed without any envelope. Another interesting feature is that it incorporates variable data publishing (VDP), meaning that the content of each piece is tailored to its recipient. For example, a male applicant could get a camouflaged flip flop with language particular to having applied for admission. A female non-applicant could get a pink flip flop with language related to soliciting an application for admission.

"'Flip Flop' was a challenging piece, but it really resonated with potential students. You look at it, and it's just a lot more fun than typical mail," Legg said. "An award like this just goes to show Genesee's across-the-board support for innovation. I'm privileged to accept it, but this honor belongs to the College."

This is the first time Hal has entered and won a category in the Paragon Awards. A recruitment communications specialist, he has been with Genesee since 1997, and is a frequent conference presenter. He is a resident of Brockport, NY.

Downtown Spring Carnival

By Howard B. Owens

Pre-sale tickets for the Carnival are available at:

Adam Miller Toys, 8 Center Street
 
Batavia Business Improvement District Office, 200 East Main Street , Rm. 12, 2nd floor.  Call 344-0900 or visit website for more info.  www.downtownbataviany.com   
 
Pre-sale tickets:  6 tickets for $5.00 (1 ticket per ride)
 
Regular tickets (days of event):  $1.00 per ticket (normally 3-4 tickets for a ride).

 

Event Date and Time
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Downtown Spring Carnival

By Howard B. Owens

Pre-sale tickets for the Carnival are available at:

Adam Miller Toys, 8 Center Street
 
Batavia Business Improvement District Office, 200 East Main Street , Rm. 12, 2nd floor.  Call 344-0900 or visit website for more info.  www.downtownbataviany.com   
 
Pre-sale tickets:  6 tickets for $5.00 (1 ticket per ride)
 
Regular tickets (days of event):  $1.00 per ticket (normally 3-4 tickets for a ride).

 

Event Date and Time
-

Downtown Spring Carnival

By Howard B. Owens

Pre-sale tickets for the Carnival are available at:

Adam Miller Toys, 8 Center Street
 
Batavia Business Improvement District Office, 200 East Main Street , Rm. 12, 2nd floor.  Call 344-0900 or visit website for more info.  www.downtownbataviany.com   
 
Pre-sale tickets:  6 tickets for $5.00 (1 ticket per ride)
 
Regular tickets (days of event):  $1.00 per ticket (normally 3-4 tickets for a ride).

 

Event Date and Time
-

Downtown Spring Carnival

By Howard B. Owens

Pre-sale tickets for the Carnival are available at:

Adam Miller Toys, 8 Center Street
 
Batavia Business Improvement District Office, 200 East Main Street , Rm. 12, 2nd floor.  Call 344-0900 or visit website for more info.  www.downtownbataviany.com   
 
Pre-sale tickets:  6 tickets for $5.00 (1 ticket per ride)
 
Regular tickets (days of event):  $1.00 per ticket (normally 3-4 tickets for a ride).

 

Event Date and Time
-

Back yard BBQ leads to fire truck sirens in the city

By Howard B. Owens

BATAVIA, N.Y. -- It's a great day to BBQ, but apparently some people haven't brushed off the cob webs of winter and reminded themselves cooking out doors.

About 1:35, a resident on Bank Street saw flames from an enclosed area in a neighbors back yard and called dispatchers with report of a fire at 117 Bank Street.

Batavia fire crews responded promptly and found nothing more than a beginning-of-spring bar-b-que in progress.

 


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BID announces return of summer-time public market downtown

By Howard B. Owens

The Downtown Batavia Public Market returns Thursday, June 25 for its third year of operation, according to Don Burkel, manager of the Batavia Business Improvement District.

The market will be open from 9 a.m. to 3 p.m. and run until Sept. 10 and operate at the corner of Ellicott and Center streets.

"This year the Market will be open on Thursdays to accommodate  residents and employees of the businesses and government," Burkel said.  "This provides a convenient venue for them to shop for fresh vegetables, fruit, baked goods, fresh cut flowers, honey, specialty BBQ sauce and popcorn and lots more within a short distance of their homes and places or work."

There is plenty of parking at the location, Burkel noted.

For those interested in being a vendor at the Downtown Public Market they can contact the Business Improvement District Office at 585-344-0900 or for more information visit the BID Web site.

Summer Child Care Program Available at Genesee Community College

By Howard B. Owens

Press Release:

BATAVIA, NY -- The Genesee Community College Association Child Care Center is pleased to announce the introduction of a summer child care program. This is a pilot program and will run on a first come, first served basis. The summer session runs from May 26 - July 31, 2009. Interested participants are asked to fill out an application and pay a $15 application fee. Applications will be due no later than May 11, 2009.

The GCCA Child Care Center offers complete child care services for children six weeks to five years of age. The hours are from 7:30 AM to 5:00 PM Monday to Friday, following Genesee's academic calendar. Children of students, staff and faculty, and the community on a space available basis may use the GCCA Child Care Center.

The Center is newly renovated with safe and developmental resources. The staff is trained and supervised by the Director, Maggie Hagen. There are educational programs, and lunch and snacks are provided. Safe sleeping equipment is available for naps. The Center is also accessible for children with disabilities.

Rates are set according to the age and the number of days that the child uses the Center. The U.S. Department of Education and the State University of New York awarded grant funds for child care tuition subsidies for income eligible Genesee Community College students. For detailed rates, please visit http://www.genesee.edu/index.cfm/general/dspArticle/campuslife.childcare/rates.cfm.

The GCCA Child Care Center has earned accreditation from the National Association for the Education of Young Children, the nation's leading organization of early childhood professionals.

For further information, please contact Patti Cassatt, Office Manager of the Center at 585-345-6833. The Center is located at the main entrance to the Campus in Batavia. For an application, please visit http://marketing.genesee.edu/images/GCC_Childcare_Application.pdf.  Application deadline is May 11th.

Police Beat: Marijuana arrests follow two traffic stops in Genesee County

By Howard B. Owens

Eric Bastian, 25, of Macedon, was arrested in Bergen Monday and charged with unlawful possession of marijuana. Bastian was reportedly driving on Route 262 when a Sheriff's Deputy stopped him for allegedly driving with improperly tinted windows and a partially obscured license plate. When the deputy approached the vehicle, he said he could smell marijuana coming from the vehicle. Upon questioning, Bastian stated it was marijuana, according to the deputy's report. A field test also confirmed that the substance found in the car was marijuana. Bastian was issued a ticket and ordered to appear in court on April 8.

Jason Smith, 30, of Ontario, was arrested for alleged unlawful possession of marijuana following a traffic stop near Oak and Main streets in Batavia. Smith was allegedly speeding. When a Sheriff's deputy approached the vehicle, the deputy could reportedly smell the smoke and then observed smoke in the car. A field test of the substance in the car reportedly confirmed it was marijuana. Smith was issued an appearance ticket for April 8 in the City of Batavia.

James P. Cox, 46, of Pembroke, was arrested for alleged DWI after a witness allegedly observed him hit another vehicle in Erie County. The witness helped Erie and Genesee County Sheriff's deputies track and find Cox. Cox was stopped on Route 5 in Pembroke. He is charged with aggravated DWI and driving with a BAC of .08 or greater. He received additional moving violation tickets. Cox must now appear in courts in both Pembroke and Newstead.

James P. Coles, 30, of Darian, was arrested by Batavia Police yesterday for allegedly violating an order of protection the day before. Coles is accused of sending text messages to, and then showing up at the residence of the protected person. He is being held in lieu of $1,000 bail.

A 17-year-old from Bergen was picked up by Sheriff's Deputies yesterday and charged with unlawful possession of marijuana. The teen was allegedly found in possession of marijuana in the Village of Bergen municipal parking lot.

Genesee County ambulance task force opens bidding for new countywide service

By Howard B. Owens

Private ambulance companies can begin bidding on a contract to provide Genesee County with ambulance services. The private service will replace the service terminated by a vote of the Batavia City Council and scheduled to end Sept. 1.

Lawn signs protesting the council vote continue to dot the Batavia landscape.

A Request for Proposal (RFP) can be found on the County's Web site. The RFP was developed by the Genesee County Ambulance Task Force.

WBTA interviewed Tim Yaeger is the county’s emergency management coordinator, and head of the task force. Yaeger said the task force will review the proposals and submit recommendations and feedback to the participating government agencies.

Deadline for submissions is April 29.

The RFP is a very thorough document (PDF). It specifies the scope of service, company qualifications, insurance requirements, equipment needs, response times and communication guidelines.

The winning bid will be granted a three-year contract beginning Sept. 1, 2009 and ending Aug. 31, 2012. The contract may be terminated by either party on 120-days written notice.

The selected vendor must submit a surety bond or irrevocable letter of credit in the amount of $500,000 to guarantee performance of work.

The task force also reserves the right to reject all proposals.

Interested companies can ask questions and get more information on April 15, 10 a.m., at the Fire Training Center.

While service must start by Sept. 1, no date has been set for announcement of the awarded contract.

Most of the information contained in proposals received by the task force will be public information, discloseable under the Freedom of Information Law, except information specifically deemed as proprietary, in writing, by the submitting company.

Opponents of the city's decision to terminate its ambulance service set up a Web site to rally community support for its position. At one time, the site contained a (certainly non-scientific) poll to gauge community support for its position. Before the poll was taken down, only about 35 percent of the poll respondents favored the pro-city-ambulance position. The site also contains an online petition, but as of this moment -- several weeks after it was launched -- only 131 people have signed it.

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