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Photo: Barn on Griswald Road, Stafford

By Howard B. Owens

My fascination with the old barns of Genesee County continues. This one is on Griswald Road near Route 33.

UPDATE: I changed out the picture. The more I looked at it, the less happy I was with the blue tinge of the previous photo.  I ran it through PhotoShop again and got a better color.

Also, a correction: The barn is in Stafford.

Prayer vigil tonight at St. James in Batavia

By Howard B. Owens

Area residents are coming together at 7 p.m. at St. James Church to hold a community prayer and vigil for the people of Haiti.

St. James is located at 405 E. Main St., Batavia.

This is a non-denominational service and the entire community is invited to attend.

Singers who wish to join the choir are asked to arrive by 6:30 p.m.

For more information call the church office at 343-6802.

Five meth lab suspects from Le Roy likely to be released to Feds, State charges dismissed

By Howard B. Owens

Now that the five defendants in the Le Roy meth lab case are facing Federal charges, First Assistant District Attorney David Gann anticipates that the State charges filed against them will be dismissed.

The five defendants will be released to Federal supervision, and some of them will be released from county jail.

The first of the five to come up for potential release from county custody was Nathan D. Bernard, who appeared in County Court this morning.

Bernard is currently serving a 90-day sentence on a trespassing conviction.  He is scheduled to be released March 6.  At the request of Gann, Judge Robert C. Noonan released Bernard on his own recognices pending completion of his sentence.

Scheduled for appearances this afternoon are Kari L. Riggi and Joshua Miller.  Riggi is currently in jail on $75,000. She is likely to be released this afternoon. Miller is already out of jail and under the supervision of Genesee County Justice. He is likely to be released to the supervision of Federal authorities.

Tomorrow, Koree R. Stephenson and Christopher J. Elmore are expected to appear in county court to begin the process of being released to Federal supervision, but in Elmore's case, he's also been charged with passing fake $10 bills.

Today, the State's case against Bernard was passed to the lower justice court, where the State charges can be dismissed. This is likely how the cases against the other five defendants will be handled.

Judge Noonan expressed an interest in having Bernard waive his right to have his case reviewed by a Grand Jury within six months of his arrest, but Gann didn't think that is necessary.  If the Federal case is dismissed after that six month period, the DA's office won't be able to refile the State charges. After court, Gann said he is confident in the Federal case.

All five defendants arrested in connection with the suspected meth lab at 28 Clay St. in Le Roy were charged with criminal possession of a controlled substance in the second degree by the DA's office.

At the Federal level, all five where charged with conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine. Elmore faces the additional charge of possessing a firearm in furtherance of a drug-trafficking crime.

Oakfield's Labor Daze canceled for 2010

By Howard B. Owens

It should be no surprise to anyone -- putting together Oakfield's annual Labor Daze celebration is a lot of work.

Too much work for only five people to handle, according Donna Dwyer, last year's co-chair for the event.

That's why there will be no Labor Daze in 2010.

"We considered lots of options and people suggested ideas, but we've been at this long enough to know it was going to be just too tough for a small group of people," Dwyer said.

The event has been a 25-year tradition in Oakfield and is an important part of the fundraising calendar for many local charities, but Dwyer said with some key people stepping away for either health reasons or other personal commitments and the lack of new volunteers stepping forward, putting on the event for 2010 just wasn't realistic.

The Oakfield Betterment Committee will continue to try and recruit volunteers for 2011, but even if several people stepped forward now, it's just too late for 2010, Dwyer said. There is just too much work that has not been completed yet that should be done by this point.

"We would already be behind the eight ball," Dwyer said. "For example, we have to have all of the entertainment booked by the beginning of February."

Mark Colopy, another organizer who oversees the food booths said he was out of town Monday when the committee met and made its decision, but that it makes sense. The group just needs more help.

"We're looking forward with optimism," Colopy said. "This is an important event for the community. It's an important fundraiser for a lot of non-profit groups in the community and it's a great time to get out and see your friends and neighbors. We just didn't have the necessary support to carry it through for 2010."

Reaction to Gov. Paterson's budget swift and negative

By Howard B. Owens

The howls of anger and indignation you heard last night echoing from the Bronx to Buffalo is the reaction from special interests throughout the state to Gov. David Paterson's proposed budget.

While raising taxes $1 billion, the plan also cuts spending $5.5 billion.

You don't cut spending that much without stepping on some toes.

Typical of the "cut everybody but us" reaction was captured by the Albany Times-Union:

"Gov. Paterson is to be commended for his leadership in making the tough choices necessary to address a significant budget gap for the upcoming state fiscal year," said Peter Baynes, executive director of the state Conference of Mayors and Municipal Officials. " ... NYCOM, however, strongly objects to proposed cuts in AIM funding, as this program is a key element to controlling municipal property taxes."

Paterson has proposed a series of cuts to local governments, including a 2 to 5 percent cut in Aid and Incentives for Municipalities payments (AIM).  Paterson wants to totally eliminate AIM for New York City.

Locally, Assemblyman Steve Hawley got into the act and spoke up for snowmobilers.

"I was pleased to hear the governor call for a moratorium on land acquisition," Hawley said in a statement. "Yet, raiding one million dollars from the snowmobile fund to balance the budget is an unacceptable infringement on upstate sportsmen.  It was unacceptable last year when the governor proposed it, and it's unacceptable this year."

The Buffalo News reports that legislators, especially Democrats, are reacting harshly to the proposed budget, saying it's already dead.

Assembly Speaker Sheldon Silver, who has been splitting more and more from fellow Democrat Paterson, rebuked the governor's cuts, saying they "go too far [and] make life more difficult" for New Yorkers, especially the "most vulnerable and least fortunate citizens."

...

"He's tried to politically pin everything that's wrong with government on us. I don't like it. I don't think any of my colleagues like it," said Assemblyman Jeffrion Aubry, D-Queens.

Besides local government and snowmobilers, the budget proposes cuts to education, health care and the environment.

Education spending would be cut from $21.6 billion to $20.5 billion.  The Times-Union got this reaction:

"This budget proposes the largest cut to our children's schools in the history of the state, and yet again asks our children to bear the unbearable burden of balancing the state budget," said Billy Easton, executive director of the Alliance for Quality Education.

Turn to any news site in New York this morning, and you will find unhappy people talking about protecting their own interests.

It will be interesting to see what alternative the Legislature puts forward.

Deal of the Day: Margarita's, T.F. Brown's, Enchanted Florist, Color Salon and more

By Howard B. Owens

 T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happensin sports, it happens at Brown's." We have a $20 gift card for $10.

Jackson St. Grill/Belladessa's, 9 Jackson St., Batavia, NY: Valentine's Day is just around the corner, and flowers are a great way to show love.  We have a $10 gift certificate for $5.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week  session (one class per week), which is a $56 value, for $28.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, NY: 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.

The Color Salon, 35 Center St., Batavia, NY: Susan Francis, the owner and stylist at The Color Salon reminds women, "your hair is your greatest accessory." Francis has more than 20 years of experience helping women get the best hair color. We have a $50 gift certificate for $25.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Now in stock: Of course, flowers are the perfect give for Valentine's Day. We have a $20 gift certificate for $9.50.

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

Not raising taxes might be tough, council learns in first budget session

By Howard B. Owens

It's that time of year again -- when the City of Batavia officials sit down to look reality in the face and try and figure out how to balance tougher-to-get revenue with ever increasing expenses.

Sales tax is expected to be down, some longtime employees are coming up on retirement, the city's infrastructure is aging and some key pieces of equipment haven't been replaced in decades.

So what about that proposed 3-percent increase in property taxes?

Councilman Frank Ferrando asked City Manager Jason Molino if there is any way to cut it back and Molino said that would be hard, especially if the city wants to start replacing old equipment and start planning for the future.

"Rather than my trying to take apart a budget that's pretty complicated, I look at it as best I can," Ferrando said. "You know the budget and the staff better than all of us. I would rather give you a charge and say, here's what I think our taxpayers would take and you make the adjustments as opposed to me telling you what you should and shouldn't be doing."

Molino explained that the city isn't looking at a tax increase just to raise revenue, but to put the city on a sounder financial footing.

"What we’re starting to look at is if we’re going to invest -- and I look at it as an investment -- you’re going to have to maintain certain levels of service," Molino said. "We're going to have to look at a marginal tax-rate increase. That’s what we’re starting to look at here. All right, if we’re going to have to increase the tax rate a marginal amount, what do we get in return?"

Council President Marianne Clattenburg, after noting how much more difficult the budget picture looks because of weaker-than-expected sales-tax projections, said making the cuts necessary to bring down the tax increase could be difficult.

"There’s always a possibility to cut things," Clattenburg said. "But this year we’re trying to bring back some equipment we’ve deferred and purchase things that we’re going to need if we’re going to fix the streets. We’ve really been budgeting conservatively for quite a number of years now, so when you get to the point we’re in now, with the economy the way it is and dropping revenues, it gets really tough to do."

About the only time the staff-council discussion became animated tonight was when Fire Chief Ralph Hyde tried to explain the need for his department to become ALS (Advanced Life Support) certified. It would allow firefighters to provide critical lifesaving care in those few instances when they are on scene before Mercy EMS. Fourteen firefighters are already trained as paramedics, in part because of current state firefighter hiring requirements.

"This will save a lot more lives than just fighting fires in a city this size," Hyde said, "because there are sometimes these four- and five- and six-minute gaps in response time."

The certification would allow trained and experienced paramedics on the Fire Department staff to provide lifesaving services that right now they cannot legally perform, even though they know how.

Some council members expressed concern about training costs and overtime, but Hyde and Molino said the process of getting and maintaining ALS certification can be cost neutral. That's because of state grants and how internal training programs can be set up --  using the City's on-staff trainer to train personnel from other fire companies.

The council also heard reports on the departments of finance, personnel, youth bureau, assessment, police, public works, and water and sewer.

The next budget workshop is at the Council's next regular Monday meeting.

Pictures: Top, Chief Hyde, left, and Molino. Middle, Police Chief Randy Baker with Molino. Bottom, full council at session.

Minor injury rollover accident reported on the Thruway

By Howard B. Owens

Town of Batavia Fire and Mercy EMS are at the scene of a rollover accident on the Thruway near the Batavia exit.

Injuries are reportedly minor. One vehicle is on its roof.

A State Trooper has been requested to the scene.

State could lose federal funds over failure to OK new charter schools

By Howard B. Owens

A legislative roadblock could jeopardize New York’s ability to win a federal lottery of sorts – President Obama is ready to hand out $4.5 billion in education funding to select states that demonstrate a solid plan to improve education.

One of the criteria in Obama's "Race to the Top" competition is a commitment to increasing the number of a state's charter schools. That’s the biggest obstacle the New York Legislature faces in coming up with a winning application.

The state is heading toward a legislative package that increases the cap on charter schools from 200 to 400, but also makes it much harder to get a charter school approved. The Legislature refused to act last night on a compromise bill offered by Gov. David Paterson that would have made another 200 charter schools more likely.

Critics of the legislation – such as New York City Mayor Mike Bloomberg – have blasted the Legislature for risking New York’s chance at hitting a $700 million jackpot.

Batavia City School District Superintendent Margaret Puzio is not among the critics.

First, she said, charter schools are just one of the criteria in the competition; second, charter schools are not necessarily a great thing for education.

“States may loose points (for not increasing the number of charter schools), but the bigger question is what has the state done in the past and what is it doing in the future to improve failing schools,” Puzio said. "If we have really effective public schools, we would have less need for 400 charter schools."

Charter schools, Puzio indicated, actually detract from the ability of public schools to improve.

“Charter schools are very controversial,” Puzio said. “People say that public schools are a monopoly, that they are controlled by the teachers' union, that they can’t be truly innovative. That’s just not true.”

There have been no attempts to start a charter school in Genesee County, at least as far as Puzio knows, and she's been in the area since 2002.

If there were such a school in the county, it might draw students from not only Batavia, but Elba, Pavilion, Corfu or any part of the county, and the federal dollars for each of those students would follow the students, Puzio said.

That puts public school districts at a disadvantage, Puzio said, because charter schools can be selective in their admission criteria while public schools must take all students.

“Unless they are held to the same standards, it seems unfair to take funds from public schools and give them to charter schools,” Puzio said.

The lack of interest in charter schools in Genesee County is one of the things that indicates local residents are largely satisfied with the quality of the area's public schools, Puzio said.

"My general takeaway is that what happens with school budget votes and what we see in surveys is that the people of Genesee County find our public schools are very responsive to their needs," Puzio said.

Motorcyclist flown to Strong yesterday out of hospital

By Howard B. Owens

An Alexander man who was taken to Strong Memorial Hospital by Mercy Flight yesterday following a motorcycle accident was treated and released, according to a patient information clerk at Strong.

Landen P. McCormick, 21, was northbound on Sandpit Road in Alexander when he reportedly failed to negotiate a curve and struck a guard rail, according to State Police.

McCormick was ejected from the motorcycle and according to reports yesterday, suffered a possible head injury.

No tickets were issued.

Batavia woman reportedly tries suicide while in Erie County jail

By Howard B. Owens

A Batavia woman awaiting trial in Erie County jail for allegedly trying to suffocate her baby tried to commit suicide, the Buffalo News reports.

Even though she was on suicide watch and reportedly under constant supervision, Marcia Mitchell, 29, somehow managed to swallow the entire contents of a bottle of aspirin.

The News reports Mitchell is in critical but stable condition at a hospital in the Buffalo area.

Mitchell is accused of trying to suffocate her baby in May 2008 while in a Buffalo-area hospital following a fire at her family's home.

Today's Deals: Belladessa's, Sallome's, Mane Attraction

By Howard B. Owens

Belladessa's Pizzeria/Jackson St. Grill, 9 Jackson St., Batavia, NY: 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.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

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

The Mane Attraction

Advisory: Roads could be slick this morning

By Howard B. Owens

Expect slick roads this morning.

The National Weather Service has issued a winter weather advisory for much of Western New York.

A freezing drizzle over night is expect to continue and keep roads icy until 11 a.m.

The weather service advises caution on untreated roads and urges commuters to allow extra time to get to work.

Motorcyclist reportedly suffers head injury on Sandpit Road, Alexander

By Howard B. Owens

A motorcycle accident has been reported at the intersection of Sandpit and Dry Bridge roads, Alexander.

The driver reportedly suffered a head injury.

Mercy Flight is being put in the air.

Alexander Fire and Mercy EMS dispatched.

UPDATE 4:04 p.m.: Mercy Flight in the air. Four minute ETA

UPDATE 4:20 p.m.: Mercy Flight 5 in the air, transporting to Strong Memorial.


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Bonarigo & McCutcheon welcomes new staff member

By Howard B. Owens

Jenna Engel has joined the law office of Bonarigo & McCutcheon as a paralegal.

Born and raised in Batavia, New York, Ms. Engel is a 2005 graduate of Batavia High School and a 2009 Graduate of Hilbert College with a degree in Legal Studies.  Her previous employment was as a litigation secretary with Nixon Peabody, LLP in Buffalo, NY. A resident of the City of Batavia, Jenna is a volunteer assistant volleyball coach at her alma mater, Batavia High School as well as for The Batavia Club Volleyball team.  She is an active member of the WNY paralegal Association having received its 2008 scholarship. 

Ms. Engel is assigned to the real estate department at Bonarigo & McCutcheon however, she will be available to assist clients in all aspects of the services provided.  Bonarigo & McCutcheon is a successful law firm, established in the City of Batavia with and has provided legal assistance for over two decades.  The firm’s specialty areas are: business and corporate; criminal; family; matrimonial; municipal; DWI; custody; visitation; civil litigation; real estate; vehicle and traffic; wills and estate planning. 

Bonarigo & McCutcheon is located at 18 Ellicott St., Batavia. Phone is (585) 344-1994.

New Today: Fastec Automotive Service

By Howard B. Owens

Fastec, 7184 West Main Road, Le Roy. Fast, friendly service, specializing in foreign cars, but Fastec can service any make and model. We have a $22 gift certificate for $11 that is valid for up to six months from date of purchase. It's good for an oil change or state safety/emissions inspection.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Jackson St. Grill/Belladessa's, 9 Jackson St., Batavia, NY: Valentine's Day is just around the corner, and flowers are a great way to show love.  We have a $10 gift certificate for $5.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: 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.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Carlson's Studio, 39 Jackson St., Batavia, NY: Family photos are more than just photographs. When you need photos for that special occasion, Carlson's is a great choice in Genesee County. This is a great Valentine's gift. We have a $100 gift card for $50 (+$2 PayPal Service fee). The card expires in April.

Oliver's Candies, 211 W. Main St., Batavia, NY. Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10. Just in time for Valentine's!

Jackson St. Grill/Belladessa's, 9 Jackson St., Batavia, NY: When it's time for a great hamburger, Jackson St. Grill will serve you among the best around. We have a $10 gift certificate for $5.

Alex's Place, 8322 Park Road, Batavia, NY: 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.

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

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