Fire alarm sounded at Time Warner Cable
Engine 12 and Ladder 15, City of Batavia, are responding to a general fire alarm at 29 Cedar St., the office of Time Warner Cable.
UPDATE 1:47 p.m.: False alarm due to construction.
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Chris Lee makes list of richest members of Congress, at No. 33
Who are the richest legislators in Washington? Roll Call has a list.
Our own Chris Lee makes the list at No. 33.
Lee's net worth is $7.4 million, according to Roll Call, which includes a trust fund and $1 million in a personal account.
(via GLOW Democrats blog)
Natural gas extraction in Southern Tier a threat to clean water
For outdoorsmen, especially those who enjoy the streams, creeks and lakes of Western New York, the plan to pump natural gas out of the shale of the Southern Tier should be a concern.
From the Rural Blog:
We first reported on the controversial drilling process called "fracking," injecting a high-pressure cocktail of chemicals, water and sand into rock formations to release natural gas, in February. EPA's first investigation of water contamination due to fracking revealed contamination in 11 of 39 wells tested in Pavillion, Wyo., Bob Moen of The Associated Press reports. (Read more)
Fracking is how gas companies plan to extract gas from Southern Tier deposits.
The potential for contaminating delicate fish habitat is enormous.
Primary day for some races in Genesee County
There are four primary elections in Genesee County today.
There are Republican primaries in Byron and Pembroke for town board seats.
In Darien, there's a three-way Democratic primary for two town board seats.
In Stafford, the Conservative Party will pick a candidate for Highway Superintendent.
Polls are open until 9 p.m.
Police Beat: Alleged rape of 14-year-old in Corfu
Billy Joe Budziszewski, 18, no permanent address, is charged with rape in the second degree and endangering the welfare of a child. Budziszewski is accused of having sexual intercourse with a 14-year-old girl in the Village of Corfu. He was jailed on $10,000 bail.
An 11-year-old boy from Harpersville is charged with rape, having sexual intercourse with a minor, a criminal sex act and sex abuse. According to a State Police blotter item, the victim appears to be 11-years-old or younger. The arrest was made in Elba. The case remains under investigation.
Artist and activist Lorie Longhany enjoys night of arts and politics
Genesee County Democratic Committee Chair Lorie Longhany had a chance this week to combine her love of art -- she's an art teacher and an artist -- with her commitment to politics when she attended an event in Rochester honoring Congresswoman Louise Slaughter, whom Longhany described as a long-time, steadfast supporter of the arts. Slaughter co-chairs the congressional arts caucus.
Caroline Kennedy was the keynote speaker and quoted her father, President John Kennedy, who said, "I look forward to an America which will not be afraid of grace and beauty, which commands respect, not only for its strength, but for its civilization, as well."
Attendees also enjoyed performances by the Tony Award winning the Garth Fagan dance troupe and jazz pianist Gap Mangione.
Pictured above, Teresa Martillotta, former Orleans County chair and 53-year state
committee member, current Orleans County chair Jeanne Crane, Slaughter and Longhany.
Proposed DEC regulations would restrict open burning in some areas
New regulations proposed by the DEC on open burning could cost local governments more money, according to Assemblyman Steve Hawley.
The proposed regulations would prevent open burning in areas with populations of more than 20,000 people.
“While the DEC claims that there will be no additional mandates for local governments, that is clearly untrue," Hawley said in a statement. "In fact, the DEC admits that local government waste managements will have to expand in order to accommodate the increased amount of waste the burn ban will create. Additionally, even though the DEC estimates that the additional cost to residents would be around $50 per ton of waste, Western New Yorkers’ household budgets are already squeezed too hard. How much more ‘big government’ can our rural communities take?”
Hawley, who voted against a similar piece of legislation, A.5457 of 2007, when it came before the Assembly (the bill was held in committee in 2008).
Full press release after the jump:
Assemblyman Steve Hawley (R, I, C – Batavia) today discussed his ardent opposition to the state Department of Environmental Conversation’s (DEC) new statewide burn ban regulations while appearing on a series of radio interviews, including WHAM Talk Radio. The new regulations, which prohibit open fires in populations greater than 20,000, were announced by the DEC last week.
“While the DEC claims that there will be no additional mandates for local governments, that is clearly untrue. In fact, the DEC admits that local government waste managements will have to expand in order to accommodate the increased amount of waste the burn ban will create. Additionally, even though the DEC estimates that the additional cost to residents would be around $50 per ton of waste, Western New Yorkers’ household budgets are already squeezed too hard. How much more ‘big government’ can our rural communities take?” asked Hawley, who voted against a similar piece of legislation, A.5457 of 2007, when it came before the Assembly (the bill was held in committee in 2008).
After the failure of such legislation to pass both houses of the State Legislature, discussions about instituting new statewide burn ban regulations began in the spring of 2008. Immediately, Hawley contacted the DEC to express his opposition to the measure and his feelings that creating a new regulation, in lieu of a law, was circumventing the legislative process. Additionally, that July, when the DEC held public hearings regarding the initiative, Hawley appeared before the panel to verbally express his opposition.
Due to the widespread opposition from rural communities regarding a statewide burn ban, the proposal was changed slightly to allow for a number of exemptions, including allowing on-site burning in towns with populations less than 20,000. This and a dozen other exemptions were included as part of the DEC’s final burn ban proposal announced several days ago, yet no provisions were outlined to assist local governments in affording or accommodating the increased amounts of waste. As detailed in the DEC’s “Express Terms 6 NYCRR Part 215:”
“This is due, for the most part, to the 6 NYCRR Part 360 Regulations which were promulgated on December 15, 1988. These regulations required each county to be responsible for the management and disposal of all municipal solid waste generated in their area. Most counties formed solid waste management associations and either built a landfill, built a series of transfer stations, or both. In turn, the municipalities which were now responsible for waste disposal would pay for the cost of disposal by raising taxes, charging fees at transfer stations, or both. For example, a rural community with a population of 1000 might expect their cost of transport and disposal of solid waste to increase by as much as $12,155.00 per year. This is based on data provided by the Division of Solid and Hazardous Materials and assumes the following worst case factors: one resident in three currently uses a burn barrel to dispose of their waste; an average person produces four pounds of solid waste a day; and the cost of transport and disposal of solid waste is $50.00 per ton…
“There will likely be a need for more employees (or employee hours) at rural solid waste transfer stations and at private waste haulers. Rural solid waste transfer stations are usually small facilities where residents bring their refuse, leaves, brush and recyclables. They typically consist of nothing more than a few roll-off containers into which residents deposit their wastes. When the containers are full, they are carted off to a permitted, composite lined solid waste landfill.
“Due to the potential increase in the amount of household waste, brush, and land clearing debris, communities may need to upgrade these transfer facilities. Most rural transfer stations are located on adequate land for expansion; many of them being located at a former landfill which was closed under 6 NYCRR Part 360 regulations. Upgrades would primarily consist of large trash compactors for household refuse, and wood chippers or tub grinders for brush and land clearing debris. Some communities currently rent tub grinders on a weekly or monthly basis to reduce brush/limbs to wood chips or mulch. These products can in turn be given back to the residents or used in municipal landscaping projects.”
As Hawley explains, “Sure, right now, a waste facility in a rural community may consist of just a few bins so, in theory, asking a local government to purchase a couple more bins doesn’t seem like a huge deal. However, the reason why there is such little waste, as used in their statistics, is because in rural communities like ours, people burn their waste to keep it out of the landfills. The statistics that the DEC is using are not realistic, therefore, the ‘marginal’ costs they estimate for our communities cannot be on target either.”
The DEC plans to submit their proposed regulation to the state within the next few days. If approved, the new regulation would go into effect after 30 days. However, Hawley has signed onto and supports A.7414, bipartisan legislation to prohibit the DEC from restricting the burning of garbage, refuse or rubbish in an open fire on land possessed by a single family or any part of a farm under certain circumstances.
Arm and a Leg does it again at Batavia
Press Release:
Batavia, NY --- It was a special night in Western New York as the Downs honored former leading driver Gaston Guindon, and a special horse, Arm and a Leg won the featured $8,000 Open Handicap.
With 2009 leading reinsman Kevin Cummings in the bike, Arm and a Leg notched his fourth Open win of the 2009 Summer-Fall meet in 1:55.3, for owners Mark Jakubik and John Cummings Sr.
Arm and a Leg ($3.70) fired out of the gate from his assigned outside post and put up all the numbers, including a :30.2 second quarter breather, enroute to a neck victory over a fast closing Triple Bars with Jimmy Whisman, Sparky and Tom Agosti wound up third.
The victory was the 11th of the season for Arm and a Leg who raised his seasonal earnings to almost $70,000. The 6 year-old altered son of Nobleland Sam is trained by John Cummings Sr.
I had a great evening “The Gasser,” Gaston Guindon said, “I can’t believe how many of my friends came out to see me.” The French-Canadian raced in Western New York for 29 years. “The memories I have of this track are incredible, I want to thank all the people I drove for especially Dennis Cummings, I think we won about 700 races together.”
America’s oldest lighted harness track is currently racing every Tuesday-Wednesday-Friday and Saturday nights, post time is 7:05p.m.
Todd Haight
Promotional Marketing Specialist
Batavia Downs Casino
Photo of Arm and a Leg with driver Kevin Cummings holding off Triple Bars to win Downs feature. Courtesy of Paul White
School explains position on North Street expansion
Apparently, officials at Batavia City School District feel they haven't adequately explained their consideration of new park facilities at the district's North Street property.
This past Saturday, Councilman Bill Cox held a community meeting on the proposal and tonight, Superintendent Margaret Puzio issued a press release detailing the district's position:
"The School District apologizes for not better advertising to the public, the presentation of this material at our September 1 School Board Meeting. At that meeting, we presented to the staff and elected officials from the City of Batavia, Towns of Batavia and Stafford and Genesee County. The consensus of those staff and elected representatives as well as the BOE was that the first step should be to investigate grant funding. This is just the first step in a very long process."
The district contends that there are insufficient youth facilities in the Batavia area and that it is seeking state or federal grants to improve the situation.
Read the full press Release (PDF)
UPDATE: Margaret Puzio spoke with WBTA this morning (mp3).
She said there will be a public meeting on the topic at 7 p.m. on Oct. 6 at Batavia High School.
Stafford Fire Department offers land for Stafford park
Thanks to the Stafford Fire Department, the town will have a chance to expand Emery Park by nearly eight acres and add new ball fields for area residents.
The town board voted tonight to accept a donation of the land, which has already been graded and seeded.
Part of the motivation for accepting the donation, according to board members, is that the leach lines for the existing Emery Park restrooms need to be replaced and in order to do that, the donated property is essential.
"If that leach field goes out on us without us getting that land, then we're pretty much dead up there," Councilman Ron Panek said.
There will be a $350 fee to transfer the deed and the town could be on the hook for any additional upgrades.
But there was general agreement that if the town had additional playing fields, the fields would be used.
Stafford highway workers get new labor contract
The four workers in the Stafford Highway Department have a new labor agreement with the town after months of negotiation.
The contract includes a standard pay raise of just over 5 percent over three years, but the main point of contention, health insurance, was resolved along the lines the Stafford Town Board sought.
Union members will be moved from the union insurance plan to a private plan, according to Councilman Bob Pacer.
The issue, according to Pacer, was that the union plan required every employee to be covered by the union plan, even if the employee chose to be covered by a spouse's plan.
With the private plan, union members can opt out and the town will save in the neighborhood of $7,000 to $8,000 per year.
The contract also supplies a safety clothing allowance for union members.
Molino gets raise on 7-1 council vote
Without discussion, but with one dissenting vote, the Batavia City Council tonight approved a 2.8 percent pay raise for City Manager Jason Molino.
The vote came following a closed session and before the vote, Council President Charlie Mallow read a statement expressing the council's support for Molino.
Councilman Bill Cox voted no and said after the meeting his decision was based on a "personnel matter" and wouldn't reveal the reason for his no vote.
"I felt at this time a raise was not in order and that's all I want to say," Cox said.
Mallow characterized the pay increase as a cost-of-living raise that Molino wouldn't have gotten if he didn't deserve it.
Prior to the vote, Mallow said, each council member submitted a review of Molino's work.
“The city is in good shape and a lot of that has to do with our city manager," Mallow said. "The council supports the city manager and that’s the reason for the raise."
The motion passed 7-1, with Council Bob Bialkowski absent.
Molino was also not at the meeting.
UPDATE: Councilman Cox released this statement this morning:
"The primary reason that I voted against the raise for City Manager Molino is the same reason I voted against the raises for the other non-union staff previously, which is economics.
Our citizens and taxpayers have heavy burdens of property taxes, school taxes, and water/sewer taxes. We have property owners and citizens who have lost their jobs due to the economy. We have retired people on pensions that have been reduced and those same retired citizens have lost health benefits or had them reduced in many cases.
When you are in a position of senior management and leadership you should demonstrate to the people that you understand the dire circumstances many are under and forgo a raise until the economy turns around."
Council authorizes $235,000 expense after arbitrator finds in favor of PBA
For five years, members of the Police Benevolent Association patrolled Batavia's streets without a labor contract with the city.
Recently, an arbitrator awarded back pay to the union members, which they probably would've received in cost-of-living increases if they had had a contract.
Tonight, the City Council approved unanimously, without discussion, transfer of $235,000 from the city's contingency fund to the police department budget to cover the arbitration award.
The city could have wound up owing the PBA members more than $288,000.
As part of the same resolution, the council approved transferring $23,000 to the fire department budget to repair the air-conditioning system at the Evans Street station.
No-injury accident impeding traffic on Ellicott Street
Report of a no-injury auto accident on Ellicott Street between Swan and Otis.
The vehicles are blocking a portion of Ellicott currently.
Today's Deals: Matty's, South Main, Sport of Kings, Adam Miller and more
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.
South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $9.
Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift card for $7.50.
Adam Miller Toy & Bicycles, 8 Center St., Batavia, N.Y.: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.
The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Brighten up your home or office with flowers! We have a $20 gift certificate for $8.50.
Jackson St. Grill, 9 Jackson St., Batavia, N.Y.: Try the fresh, skinless haddock fish fry on Fridays. We have a $10 gift certificate for $5.
NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.
SOLD OUT
Pew study finds even more distrust of traditional media
More people than ever distrust traditional news media, according to a new Pew study.
In this year’s survey, 63 percent of respondents said news articles were often inaccurate and only 29 percent said the media generally “get the facts straight” — the worst marks Pew has recorded — compared with 53 percent and 39 percent in 2007.
Seventy-four percent said news organizations favored one side or another in reporting on political and social issues, and the same percentage said the media were often influenced by powerful interests. Those, too, are the worst marks recorded in Pew surveys.
Of course, part of the problem is unbiased reporting is humanly impossible. We're all the products of our backgrounds, experiences and education that shapes our perceptions, our own sense of reality. News reporters make decisions every day based on their own perceptions. What is objectively true to one reporter is not necessarily true to another. Yet, news consumers have been educated to believe news reporting should be objective.
Because objectivity is impossible, people tend to believe the only objective news reporting is that which conforms with their own views. That's why so many Republicans believe Fox News is "fair and balanced," and on the left, only MSNBC tells the truth.
One of the enduring questions of the electronic-news era is this: are we deeper into an age of greater acrimony amongst partisan combatants because they see only one version of truth; or will the opportunity for more voices to be heard eventually lead to more open dialogue and a greater understanding of the issues of the day?
The Batavian to help Chamber sell map ads
Every two years, the Genesee County Chamber of Commerce releases a map of the area that helps promote local businesses.
This year, The Batavian will handle the ad sales, which helps support the Chamber and pays for a valuable resource for travelers and residents alike.
As always, the up-to-date color map will be produced by Rochester-based Map Works, Inc.
More than 12,000 copies will be distributed throughout Genesee County in 2010 and 2011.
Local businesses interested in this promotional opportunity should contact Howard Owens at 585-260-6970.
Former school bus driver gets new sentence in sexual misconduct charge
A former Oakfield-Alabama bus driver who pled guilty in April to criminal sexual conduct in the second degree for inappropriately touching a 13-year-old student was back in court this morning to receive a new sentence in the case.
Alan D. Tidd, 50, of 3191 Galloway Road, Batavia, initially received a "determinant" prison term of seven years. Under sentencing rules, this means a defendant is not eligible for release for "good behavior" or because the defendant is believed rehabilitated.
But the determinant sentence statute was passed until 2007, and Tidd's crime was reportedly committed in 2004.
Today, Judge Robert Noonan issued the maximum sentence available under 2004 rules, which is seven years, but Tidd could be released after two-and-a-third years.
Meanwhile, Tidd's guilty plea is under appeal. His attorney, Timothy Murphy, said outside of court that Tidd, who entered his plea only days after his arrest, felt rushed and pressured to plead guilty because he wanted to get out of jail in a hurry to care for his wife, who suffers from multiple sclerosis and is confined to a wheelchair.
Tidd, who has three children and a grandchild, has no prior criminal record.
UPDATE: To clarify the time line:
- The single criminal act charged dates to 2004
- The law on determinant sentencing changed in 2007
- Tidd was arrested in November, 2008
- Tidd plead guilty within days of his arrest, according to his attorney
- Sometime between November and April, his attorney filed a motion to withdraw the guilty plea.
- That motion was denied April 9, 2009.
- He was sentenced on that day in April to a determinant sentence of seven years.
- Today, he was resentenced to an indeterminate sentence of 2 and-a-third years to seven years (the maximum sentence available.)
Police Beat: Man reportedly had marijuana residue on pipe
Peter William Stapley, 19, of 3797 Piffard Circle, Piffard, is charged with unlawful possession of marijuana. Stapley allegedly possessed a pipe with marijuana residue on it. He was arrested Friday at 3:39 a.m. in Pavilion.
Robert Lawrence Drozdowski, 27, of 14 W. Main St, Batavia, is charged with criminal contempt. Drozdowski allegedly violated a court order which required him to have no contact of any kind with his ex-girlfriend. He allegedly sent a letter to her while incarcirated in Genesee County Jail. Drozdowski remains in jail.
William Dolose Hirsch, 22, of 10025 Buckman Road, Pavilion, is charged with two counts of harassment and stalking. Hirsch was arrested after allegedly calling his ex-girlfriend several times in June after he reportedly was told not to contact her again. He also sent her a picture for "no legitimate purpose," according to the Sheriff's Office press release. Hirsch was jailed on $2,000 bail.
Train blocking Seven Springs Road
A reader called to report that a train has stopped at the Seven Springs Road crossing and hasn't moved for more than five minutes.
I'm in court all morning. If anybody has any other information or update, please leave a comment.
