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Man who admitted to attempted burglary fails to appear for sentencing

By Howard B. Owens

A warrant is being issued for the arrest of a Lockport man who failed to appear in Genesee County court this morning for his sentencing on an attempted burglary conviction.

(name redacted upon request) admitted in May to entering a portion of a business in Darien that the public was not authorized to enter and grabbing bags of money. The manager caught him before he could leave.

As part of xxxxx plea deal, Judge Robert Noonan had offered him probation with a sentence cap, but xxxxx is now looking at incarceration once he's arrested.

Noonan also indicated that both the Genesee County and Orleans County probation departments recommended Wisniewski be jailed for some time rather than given probation.

Farmers to rally in Le Roy this morning calling on Paterson to release stimulus funds

By Howard B. Owens

Local dairy farmers will join Assemblyman Steve Hawley in a rally in Le Roy at 11 a.m., calling on Gov. David Paterson to use federal stimulus funds to aid struggling dairies.

The dairy industry is caught between historically low prices for milk and rising production costs.

Stimulus funds are needed to stabilize Western New York's economy and create and maintain jobs, according to Hawley.

Hawley will be joined at the rally by Assemblyman Cliff Crouch (R,I-Guilford).

Statement issued by Hawley's office:

New York State's family dairies are currently facing the most difficult economic conditions in the modern history of the industry. Dairy producers are being paid prices that are catastrophically below the price of production for their milk, regardless of the size of their operations, and economists predict that fluid milk prices may not increase for another year.

The governor's office has indicated that the stimulus funds can't be used in such a manner, but at the same time, a Catholic charity in Buffalo recently received stimulus funds to support its efforts.

The rally will be at Stein Farms, 8343 Gully Road, Le Roy.

Police Beat: Pair charged with interferring with DSS investigation

By Howard B. Owens

George M. Hodges, 19, of 9 S. Lyon St., Batavia, and Daniel D. Williams, 20, of 20 Mill St., Batavia were both charged with disorderly conduct and obstructing governmental administration. Batavia Police officers were at an Oak Street residence assisting the Department of Social Services in an investigation when the suspects allegedly yelled profanities at the officers and confronted investigators and attempted to prevent them from speaking to the residents.

Randy Johnson, 21, of 10182 Brookville Road, Alexander, is charged with criminal mischief and unauthorized use of a motor vehicle. Johnson allegedly took a vehicle without permission of the owner, and when confronted by the owner, Johnson allegedly caused damage to the vehicle. The incident was investigated by Deputy Chad Minuto.

Richard Jordan Franz, 19, of 9898 Simonds Road, Corfu, and Michael Richard Bitter, 19, 3198 Pike Road, Alexander, are charged with unlawful possession of marijuana. Franz and Bitter were arrested after deputies came to an unspecified residence to investigate a reported suspicious circumstance and allegedly found Franz and Bitter in possession of marijuana. The incident occurred at 1 a.m. Saturday.

Hal D. Philips, 58, of 11096 Molasses Hill Road, East Bethany, is charged with DWI, aggravated DWI, refusal to submit to breath test, failure to keep right and operating with a suspended registration. Philips was stopped on Molasses Hill Road by Deputy Kevin McCarthy for alleged failure to keep right at 11:45 p.m. on Tuesday.

Primary Results for Genesee County

By Howard B. Owens

Here's tonight's primary election results:

Town of Byron, Supervisor (Republican Primary): 
Felton, 119
Crnkovich, 109

Town of Darien, Council (Democrat Primary, vote for two)
Fleming, 33
Plitt, 65
Ferry, Jr., 51

Town of Pembroke, Council (Republican Primary)
District 1: Arnold (47), Worth (34), Schneider, Jr. (26)
District 2: Arnold (46), Worth (48), Schneider, Jr. (13)
3 & 4: Arnold (91), Worth (108), Schneider, Jr. (51)
Total: Arnold (184), Worth (190), Schneider, Jr. (90)

Town of Stafford, Highway Superintendent (Conservative Primary)
Pontillo, 8
Boldt, 12

Today's Deals: Delavan's, Alex's, Kravings and Pudgie's

By Howard B. Owens

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.

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.

Pudgie's Lawn and Garden Center, 3646 West Main Road, Batavia, N.Y.: Autumn is the time to think about spring flowers -- and Pudgie's has a great selection of bulbs already in stock, ready to plant. We have a $25 gift certificate for $12.50.

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.

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

SOLD OUT

 

Head-on collision reported on East Main Street, in front of Tully's

By Howard B. Owens

A head-on collision, with minor injuries, has been reported in front of Tully's on East Main Street.

Engine 12 and Mercy EMS are responding.

UPDATE 4:10 p.m.: I drove by. Nothing to see. Neither car had much damaged and were being driven to a side street.

Fire alarm sounded at Time Warner Cable

By Howard B. Owens

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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Natural gas extraction in Southern Tier a threat to clean water

By Howard B. Owens

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

By Howard B. Owens

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

By Howard B. Owens

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

By Howard B. Owens

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

By Howard B. Owens

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

By Howard B. Owens

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

By Howard B. Owens

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

By Howard B. Owens

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

By Howard B. Owens

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.

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