Stories from

My morning started at the Pok-A-Dot. Just as I sat down, so did another couple and the lady happened to mention she was visiting from California. Well, that caught my ear for sure. "Where are you from?" I asked.

"Temecula."

"Oh, one of my best friends is a math teacher in Temecula. I grew up in San Diego."

"What brought you out here?"

"The weather."

After she picked her jaw up off the countertop, we started chatting. It turns out she's a singer. You might have known her as Debbie Chamberlain. Now she performs as Debbie Voltura.

Debbie is in town for her daughter's wedding today.

After a while, Bill McDonald, on the right, above, walked in and the two musicians with deep roots in Batavia greeted each other warmly. Debbie asked her manager Marc Gabriel, left, to go out to the car and get a copy of her latest CD, "Live on Broadway."

Bill said, "This lady can sing." And can she. Check out some of the song samples here.  If you like swinging jazz, as Billie and I do, you'll love Debbie's music.

Five Attica turnovers helped Notre Dame nail down a 14-0 victory Friday evening.

The Fighting Irish defense has put together eight straight quarters of shut out ball and running back Mike Pratt, with the help of a dominating offensive line, put together a second straight solid game.

Pratt carried the ball 24 times for 135 yards and scored two touchdowns.

The defense picked off three passes, in addition to two fumble recoveries.

Playing defense, Pratt recovered a fumble and made a key interception in the third quarter to stop an Attica drive.  After the interception, Pratt's 32-yard run followed by a five-yard burst put Notre Dame up 14-0.

Attica was shut down again late in the fourth quarter when Cam McDonald snatched a pass from the air, denying Attica one last chance to score.

Quarterback Nick Bochicchio put together another fine game, passing for 60 yards on nine attempts with only two incompletions.  Gianni Zambito led the Fighting Irish receivers with three catches for 51 yards.

As is his tradition, Ken Mistler hung a giant flag on the Carr's Building today to commemorate 9/11.

I spoke with Kenny a bit outside of "The Daily Grind," which will be his new coffee, tea and juice bar at the corner of Jackson and Main streets. He said he's about two weeks from opening because noisy work is still going on inside of the gym he's building adjacent to it.

Two men have been charged with burglary for allegedly breaking into a home on State Street on Sept. 2.

One of the men had been previously arrested and charged with possession of stolen property after he was reportedly caught driving a car stolen from the residence.

Burglary in the second degree charges were filed against Reginald M. Wilson, 283 Seneca Manor Drive, Rochester, who was reportedly found driving the car, and Dillon M. Brito, 17, of 15 Maple St., Batavia.

The duo allegedly stole jewelry, cash, prescription medications, a clock, liquor, wine and food items. 

The resident was home sleeping at the time of the break-in, according to Det. Pat Corona.

Brito, who is also accused of breaking into a house on Maple Street this week, was taken into custody Wednesday.

Both men are being held without bail.

Photos: Wilson top, Brito bottom.
 

A spokesman for the task force reviewing Off Track Betting operations in New York wrote to The Batavian yesterday to say:

With reference to the item on the Genesee County Legislature's opposition to a purported takeover of regional Off Track Betting corporations, I wish to assure your readers that the New York State Task Force on the Future of OTB has proposed nothing of the kind.

Joseph Mahoney, public information officer for the New York State Task Force on the Future of OTB was responding to an article The Batavian posted about the Genesee County Legislature passing a resolution opposing any state takeover of OTB, specifically, Batavia Downs.

By this time, Assemblyman Steven Hawley had been very clear that there has been no discussion in Albany of any such takeover.

What I find curious was the wording of Mr. Mahoney's message to The Batavian. He said there has been no proposal. That leaves unsaid, could there be a proposal?

So I wrote back to Mr. Mahoney and asked that and other specific questions such as, "Is there anything on the table that could, possibly, maybe reduce the amount of local control, control of the current operators?"

Mr. Mahoney's response: Visit our web site. 

Well, among the first documents I open is the minutes from the group's first meeting, June 25, in which Chairman John Van Lindt is reported to say  that topping the list of possible outcomes of the Task Force's work is "consolidation to achieve cost savings by efficiency of operations."

To me that sounds like centralization of OTBs, which logically implies a state takeover, don't you think?

In the next meeting, Aug. 2, Van Lindt made a motion that requires OTB's to have early termination clauses in any new contracts. That sounds like a prelude to centralizing administration.

Placed on the agenda for the next meeting: "Various options for continuation of OTBs in the state, e.g., joint venture with tracks, consolidate, privatize with or without consolidation, maintain status quo."

OK, so consolidation isn't the only option, but it's on the table.

At that meeting, Aug. 25, during public comment, Charles Hayward, president the New York Racing Association, includes a suggestion to consolidate operations and overhead "(accounting, marketing, insurance etc.)."

So, Mr. Mahoney is right: There is no proposal, at least in a formal sense, to consolidate OTB operations, but the idea certainly seems to be on people's minds.

Mahoney in his initial e-mail:

The goal of the Task Force members is a clear one: They wish to increase the level of revenue produced by OTB corporations -- especially to local governments.

But Mahoney never directly answered this question, and I think it's an important one for the task force to address: "With a successful operation like Batavia Downs, why should the state intervene at all? Shouldn't we assume the current operators know what they're doing and don't need outside intervention?"

Making bigger government entities is no way to increase efficiency or improve profits for the communities that host these operations.

The allegation by critics of the task force is that this is an opening for a revenue grab by the state fueled by the failures of downstate racing and OTB operations. The task force's own meeting minutes are not terribly reassuring that there isn't some truth to that concern.

Michael Erik Granger, 19, of 8170 Batavia-Stafford Townline Road, Batavia, is charged with harassment. Granger is accused of striking a College Village safety officer during an investigation into a loud noise complaint.

A woman accused of getting more than $21,000 in food stamps she shouldn't have received has been charged with seven counts of offering a false instrument for filing in the first degree.

Kelly Spenton, 36, allegedly lived with an employed person from March 2005 to March 2008 while she was collecting food stamps from the Department of Social Services.

Spenton, formerly of Elba, allegedly did not report this living arrangement to DSS.

The charges are felonies.

Batavia Town Justice Thomas Williams set bail in this case at $10,000, but Spenton is already in jail on a previous conviction.

A car has taken out a fire hydrant on 7707 Townline Road, Bergen.

The driver reportedly blacked out momentarily. His airbags deployed. Mercy EMS is responding along with Bergen Fire.

New Today, Kravings, Valu Plaza, West Main Street, Batavia, N.Y. : Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Picasso's Pizza, 419 W. Main St., Batavia, N.Y.: A great variety of pizza, subs and salads -- and try the wings, too. We have three $5 booklets of $1 gift certificates ($15 value) for $7.50. The gift certificates can be used collectively or individually.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

Alex's Place, 8322 Park Road, Batavia, N.Y.: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Belladessa's Pizzeria, 9 Jackson St., Batavia, N.Y.: Here's a deal -- half off on a Family Meal Deal from Belladessa's, which is a large 1 topping pizza, 24 wings and 2-liter bottle of soda. It's a $25 value for $12.50.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, N.Y.: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

SOLD OUT

Many of us, I think, had our lives changed and perceptions of the world altered by 9/11.  Some, of course, were affected in very direct personal ways, often tragic ways. For many of us, we were just observers, but still found the events momentous and unforgettable.

On Sept. 11, 2001, I was a manager in the Ventura County Star's online department. On that morning, my wife was up early getting ready for work and I was snoozing through my second alarm when Billie walked in and told me Dave Smith was on the phone. Dave had never called our house before. He was the editorial page editor. He had no reason to call me ... unless something very big was going on.

"Two planes just flew into the Twin Towers in New York," he told me.

I jumped out of bed and turned on CNN.  My job was to get the news on our Web site. I tried to hit other major news sites to grab an Associated Press story, but all the major news sites had crashed due to the heavy traffic. I had to write the initial story for our own Web site from what I was seeing and hearing on TV. It would be 30 minutes before an editor with access to our online system would be in the office and could post the AP story.

And so began perhaps the longest news cycle in my adult life -- a news cycle that would last for a couple of years, carrying us through the invasion of Iraq  -- and it is a news cycle that in many ways, still isn't over, even though most individuals have found ways to move on with their lives.

Sept. 11 is a long shadow that hangs over world affairs and personal lives. It effects our foreign affairs and figures into nearly every aspect of our national politics. 

Even if we would rather forget, we can't forget and perhaps shouldn't forget 9/11.

What are your 9/11 thoughts?

GCC officials today acknowledged that popular volleyball coach Roger Majeski violated recruiting rules, but asserted that GCC officials brought the violation to the attention of the athletic governing board.

The National Junior Athletic Association suspended Majeski, as first reported in The Batavian, for a recruiting violation. The team was also forced to forfeit five games, and the freshman player is ineligible for the remainder of the season.

School officials today issued a press release that said the school was fully cooperative with the NJCAA and agreed the organization's response was appropriate.

Majeski reportedly personally paid for a visit to Batavia by a recruit from California, and in such circumstances, the player must return home within 48 hours. In this case, the player did not return home within the stipulated time.

Full press release after the jump:

Batavia, NY – In response to a recent inquiry, Genesee Community College Athletics Department has confirmed that the National Junior College Athletic Association (NJCAA) has issued a statement of disciplinary action relating to Roger Majeski, Genesee’s Women’s Volleyball Coach. The action came about as a result of a single recruitment violation. Coach Majeski has been suspended from Genesee’s next seven volleyball matches. The action also required that the Women’s Volleyball team forfeit the first five games of this season. 

Coach Majeski personally funded a recruitment visit of a prospective volleyball player from California. NJCAA Guidelines stipulate that prospective players must either pay for their own transportation, or return to their home residence after a 48 hour period. The player did not meet the required time stipulation for returning home.

Coach Majeski took full responsibility for not staying within the guidelines. Both he and Margaret Sisson, Genesee’s Athletic Director, acknowledge the appropriateness of the NJCAA findings and their actions. Ms. Sisson was quick to point out that the action by the NJCAA came about only after the College found about the violation and the College self-reported the issue to the NCJAA. Ms. Sisson said that while it is regrettable, the College feels it must adhere to the spirit and the literal interpretation of the rules and regulations established by the NJCAA. ]

The fight to repeal a two-percent utilities is gaining supporters, according to Assemblyman Steve Hawley.

Hawley announced this afternoon that bi-partisan support for his legislation to repeal the tax has received the backing of more than two dozen Assembly members.

“I am pleased that so many of my colleagues have already signed on to support this important bill in such a quick period of time,” said Hawley.  “It is good to know that members, from both sides of the aisle, can still come together over common-sense measures that benefit the people of our state and I look forward to their continued support when we return to Albany.”

Full press release after the jump:

Press Release:

As the original author of legislation to repeal the new two percent tax on utilities, Assemblyman Steve Hawley (R, I, C – Batavia) is pleased to report that his legislation has now gained the support of over two dozen, bipartisan members of the State Assembly.

“I am pleased that so many of my colleagues have already signed on to support this important bill in such a quick period of time,” said Hawley.  “It is good to know that members, from both sides of the aisle, can still come together over common-sense measures that benefit the people of our state and I look forward to their continued support when we return to Albany.”

Assembly Bill 9098, authored by Hawley, will repeal in full the increased tax on utilities, which now totals 2 percent of a consumer’s bill.  The tax increase was made as part of the enacted 2009-10 State Budget, which Hawley opposed.  The newly increased tax went into effect on July 1, 2009 and will cost average homeowners an increase of $40 to over $200 annually.

Hawley’s bill, A.9098, has been introduced and referred to the Assembly Committee on Corporations, Authorities and Commissions for their review.  With four members of this committee signed on to support this bill so far, and the growing support for the initiative with the public, Hawley is hopeful that the bill will be addressed when the Assembly is called back into session.  

“This winter is going to be tough for many New Yorkers, especially seniors here in Western New York, to afford their utilities.  Already, in previous years, we have seen seniors forced to choose between food, prescriptions and heat.  This increased tax compounds that problem and that’s why, before this winter, I hope that we can repeal this excessive tax,” said Hawley.

The Assemblyman is not only working across the aisle to garner support for this bill; he is looking at both houses.  As previously announced, State Senator Michael Ranzenhofer has agreed to carry the bill in the Senate and together he and Hawley are working to encourage more senators to support the bill as well.

    Members of the public who would like to see the 2 percent utility tax repealed should contact Assemblyman Hawley’s office to sign his petition, which will be delivered to the Governor.  Residents should also write to the Chair of the Assembly Corporations, Authorities and Commissions Committee, Richard Brodksy and ask that he immediately take action on the bill.  You can contact Assemblyman Brodsky by writing, calling or emailing at the following:

The Honorable Richard Brodsky
Chair, Assembly Corporations, Authorities & Commissions Committee
5 West Main Street, Suite 205
Elmsford, NY 10523
Phone: (914) 345-0432
E-mail: brodskr@assembly.state.ny.us

The state is not looking takeover Off Track Betting operations, Assemblyman Steve Hawley said in a press release today.

“To be very clear, there have been no discussions of a state takeover of OTB and should such discussions arise, I would like all residents to know that I am strongly opposed to such an initiative, especially regarding a takeover of OTBs in Western New York,” said Hawley, who upon learning of the rumors, immediately called Western New York OTB officials to dispel the rumors.

Last night, the Genesee County Legislature passed a resolution opposing any effort by the state to take over OTB facilities, especially Batavia Downs.

Full press release follows the jump:

Press Release:

A member of the Assembly Racing and Wagering Committee, Assemblyman Steve Hawley (R, I, C – Batavia) would like to assure all residents that rumors currently circulating of a state takeover of Off Track Betting (OTB) operations are untrue.  The Assemblyman has been vital in brokering racing and wagering agreements with the state, such as the new New York Racing Association (NYRA) agreement that increased revenues for Batavia Downs.

“To be very clear, there have been no discussions of a state takeover of OTB and should such discussions arise, I would like all residents to know that I am strongly opposed to such an initiative, especially regarding a takeover of OTBs in Western New York,” said Hawley, who upon learning of the rumors, immediately called Western New York OTB officials to dispel the rumors.

The state took over New York City OTB in June 2008; however, due to mounting problems, on September 1, 2009, Governor Paterson signed an executive order allowing the NYC OTB organization to file for reorganization under Chapter 9 of the federal Bankruptcy Code (executive order #27).  In that executive order, the Governor has directed NYC OTB to put together a restructuring plan within the next two months.

Contained in the 2008 legislation allowing the state to take over NYC OTB, the State Legislature also appointed a task force to study regional OTB corporations.  Their report is due later this fall.

Both of these actions have helped to fuel rumors that the task force would “rubber stamp” a rumored initiative for a state takeover to allow OTB revenues to be moved from local governments to the state’s General Fund to balance budget deficits.

In order for the state to take over OTB corporations across the state, there would need to be legislation drafted and moved through both houses.  However, at this time, there is no such legislation, nor have there been discussions to draft or introduce any legislation of the sort.

Assemblyman Hawley stated, “I can certainly understand the concern: last year the Governor swiped money from snowmobilers, this year he chose to give $200 handouts to recipients of social services instead of renewing the STAR rebate program.  Both of his budgets have been excessive in their spending, irresponsible and secretive in their negotiations. When it comes to making fiscal choices, there is a reason why New York State residents are skeptical of the Governor doing the right thing.  However, at present, I would like to ensure all residents that there have been no discussions about a state takeover of OTB operations.  Furthermore, I am adamantly against such a proposal and will fight it tooth-and-nail should such a proposal be made.”
 

John W. Brown, 29, of Le Roy, is going to prison for having sex with a 13-year-old boy in Livingston County.

Brown was sentenced to five years in prison by Livingston County Court Judge Dennis Cohen.

Once released, Brown will also be supervised for five years.

Brown was convicted of having sex with the boy in November, on his 29th birthday.

Source: Democrat and Chronicle.

Dietrich Williams, accused of shaking a baby and seriously injuring the child, has been writing letters to Judge Robert Noonan, Noonan revealed in court today.

The letters deal with issues related to his case and his potential sentence, Noonan said.

"I think communications would be better coming from you rather than your client," Noonan told Defense Attorney Jerry Ader.

Noonan than provided copies of the letters to Ader and District Attorney Lawrence Friedman.

Williams was in court because his attorney has filed a series of motions designed to test the legitimacy of the case against Williams. The fairly standard motions ask Judge Noonan to determine if the case presented by the People to the Grand Jury was sufficient and challenge the use of any post-arrest statements made Williams at a trial.

Ader is also asking for copies of medical reports from the hospital about the nature of the injuries to the baby.

"This is critical evidence as to what the injuries where and whether they were caused by my client," Ader said.

Friedman said his office hasn't received the records either and he said he would prepare a subpoena to have the records produced for the proceedings.

The case was continued to Sept. 24, when Judge Noonan will hear oral arguments regarding the admissibility of any statements Williams made.

They used to hang horse thieves, but what about people who heist classic ponies?

State Police are looking for help in locating a 1965 Ford Mustang that was stolen from a commercial lot in Newstead.

The car was being repainted and had the front bumper, front grill and headlights removed.

Anyone who may have seen this vehicle or with information on this investigation is asked to contact the New York State Police in Clarence at 716-759-6831.

UPDATE, Friday, 10:30 a.m.: Just received this message from the State Police:

Reference the attached press release sent on 09/10/09, this stolen vehicle was recovered at 9:15am in the Town of Newstead after someone read the artice in the Buffalo News and noticed the vehicle sitting unattended.  No arrests have been made at this time.

File photo of a similar car supplied by State Police.

Settler's Restaurant, 353 W. Main St., Batavia, N.Y.: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, N.Y.: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

Total Image - Dawn Williams, 226 Ellicott St., Batavia, N.Y.: Dawn offers  clipper cuts for men, women and children, as well as coloring, highlights, perms and waxing. We have a $22 gift certificate for $11.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

A suspected drug dealer who allegedly sold cocaine to an undercover agent four times in May was taken into custody Wednesday afternoon by Genesee County Local Drug Enforcement Task Force.

Timothy "Cricket" O'Neil Lee, Sr., of 19 Porter Ave., Batavia, is charged with four counts of criminal sale of a controlled substance and four counts of criminal possession of a controlled substance.

Lee was spotted Wednesday on driving Washington Avenue. He was arrested following a traffic stop.

Lee is in Genesee County Jail pending arraignment this morning in Genesee County Court.

Assisting in the investigation were uniformed members of the Genesee County Sheriff's Office and the District Attorney's Office.

UPDATE: Lee appeared in court this morning and pled not guilty to the charges. Prior to this arrest, he was out of jail on $20,000 bond stemming from a previous indictment on charges of criminal sale of a controlled substance and two counts of criminal possession of a controlled substance. All three counts related to cocaine. Today, additional bail or bond was set at $5,000.