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The Batavian to help Chamber sell map ads

By Howard B. Owens

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

By Howard B. Owens

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

By Howard B. Owens

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

By Howard B. Owens

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.

Grass fire on Warner Road in Le Roy

By Howard B. Owens

Le Roy firefighters are battling a grass fire in the area of 8195 Warner Road.

Stafford Fire Department brush truck has been asked to provide mutual aid.

UPDATE 2:55 p.m.: Bergen's brush truck just requested.

UPDATE 2:58 p.m.: Le Roy cancels Bergen request. Bergen standing down.


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Expanding the conversation between liberals and conservatives

By Howard B. Owens

Universities have a reputation of being bastions of liberalism. Even in my private, evangelically oriented college, there was little evidence that the faculty considered conservatism to have much of an intellectual underpinning. Everything I learned about  Edmund Burke I studied in a community college or after entering the work world.

And of course, the epicenter of liberalism is the University of California at Berkeley. So, would you be surprised to learn that Berkeley is adding a course on the study of "right wing movements."

Of course, "right wing" has become pejorative among progressives in the same way liberal has become "the L word."  But a major university treating conservative intellectual thought with any amount of seriousness is a major step toward students being exposed to a broader range of ideas.

The diary (American Conservatism: Thinking It, Teaching It, by Paul Lyons) is fascinating and reassuring, at least about our students. Lyons's class was split almost evenly between liberal and conservative students, who had no trouble arguing with each other. They seemed to understand what thin-skinned professors wish to forget: that intellectual engagement is not for crybabies. The students had loud debates over Reagan's legacy, Bush's foreign policy, religious freedom, abortion, even the "war on Christmas" — and nobody broke into tears or ran to the dean to complain. And the more the students argued, the more they came to respect one another. According to Lyons, liberal students learned that that conservative guy was no longer just the predictable gun nut or religious fanatic. And the conservative students learned that they had to make real arguments, not rely on clichés and sound bites recycled from Fox News or Rush Limbaugh.

I think on The Batavian we've had some good debates on healthcare reform recently. Many people of various ideological perspectives have brought some thoughtful arguments and competing facts to the discussion. There has been little rancor. That's how policy should be debated in an open society.

I do think there needs to be a greater understanding among the politically minded of how broad and intellectually diverse the right side of the political spectrum is.

In his essay on the Berkeley course, Mark Lilla wonders how many liberal professors can distinguish between the American Enterprise Institute, the Heritage Foundation, and the Cato Institute -- three ideologically different think tanks. I wonder, too, how many self-identified conservatives know the difference?

Or that not all conservatism favors intrusions into bedrooms or into foreign countries.

I grew up in the Cold War era. The only thing I knew of conservatism was anti-Communism and "the domino effect." It took Bill Kauffman to expose me to pre-Cold War conservatism and I realized there was a sound conservative argument and tradition for non-interventionist, small military thinking. Lilla observes, too, that conservative thinking changed a lot in the 1950s:

"It is a convenient left-wing dodge to reduce 20th-century American conservatism to Cold-War politics, since it implies that conservative ideas are embedded in a world that no longer exists and never should have. In fact, in the 1930s American conservatives were far more obsessed with Franklin D. Roosevelt and his domestic legacy than with Joseph Stalin, and looked askance at all foreign entanglements, including the Second World War. The anti-Communist cause was first conceived by Cold-War liberals, not by conservatives."

I wonder if Kauffman will be taught at Berkeley?

(The quotes from this essay by Mark Lilla (also linked above). Read the whole thing.  Pictured above, Edmund Burke and Robert Taft.)

Driver flown to hospital following rollover accident in Oakfield

By Howard B. Owens

Charges are pending against a driver involved in a one-car rollover accident that sent him to the hospital via Mercy Flight.

Harry L. Flatt, 64, of 3531 Fruit Ave., Medina, was driving on Lewiston Road north of Fisher Road in the Town of Oakfield on Friday at 10:41 p.m. when he apparently lost control of his car.

His car left the road on the east shoulder and then went into a ditch. Flatt apparently tried to steer back onto the roadway. The car struck a large concrete utility block, which caused the car to overturn.

No other information is available at this time. The nature of the pending charges were not specified in the Sheriff's Office press release.

Donate to The Batavian's Capital Expense Fund

The Batavian sort of fell into our lap. We didn't plan to go into business for ourselves. It just happened.

It's a great opportunity and we're very excited about the prospects, but it's not like we went into this with the financial planning that usually accompanies a new business.

While revenue for The Batavian at this point is strong enough to meet our daily living and operational expenses, there is little money left over for improvements, be they new or better equipment, hardware replacement or software upgrades.

Donate: Help us buy equipment and get a T-shirt

By Howard B. Owens

The Batavian is doing very well these days. It's gratifying for both Billie and I that we're growing our own business.

But the revenue so far goes primarily to our living and operational expenses. There isn't much left over to buy new computers or cameras.

For example, I have a nice video camera, but a better one would be most helpful. There are also times where photography requires more than just a point-and-shoot camera, so a good SLR camera would be helpful. And, importantly, software upgrades -- improvements to the site -- cost money, and usually significant amounts of money.  Finally, my MacBook Pro is now older than its extended warranty. At some point, it will need to be replaced.

To help with these needs, we've created "The Batavian Capital Expense Fund" (CapEx funds in business are for investments into the business).

I'm hitting up my colleagues in the online-news business across the Net for donations, but we didn't want to go to the readers of The Batavian and ask for donations without offering something of value in return.

Our offer: T-shirts for "The Batavian."

T-Shirts, Etc. will print the T-shirts for us, and all you you need to do to get your T-shirt is make a donation of $20. We will mail the T-shirt to the address associated with your PayPal account.

Or, you can mail a check for $20 to The Batavian, 200 E. Main St., #5, Batavia, NY 14020.

Whether donating via check or PayPal, please specify the size of the shirt you want.

If you enjoy The Batavian, and would like to see the site or our coverage improve, please consider this small donation that will also net you a nice T-shirt!

Razor Sharp Fessup Fred Win Batavia Feature

By Howard B. Owens

Press Release:

Batavia, NY --- Lee Deyermand’s  Fessup Fred, a razor-sharp 7-year-old altered son of Super Freddie, made it three in a row winning Friday's (Sept. 11) featured $8,000 Open II Handicap Trot at Batavia Downs Casino.

With the summer-fall meet’s dash-leading driver Kevin Cummings in the sulky, Fessup Fred left enough from his rail post-position to string out A Work In Progress (Robert Verney) and a three-wide Jack Sparrow (Jim McNeight) as the field of seven clicked the first quarter beam in 28.2.

Moving up around the clubhouse turn on the payoff half and heading to three-quarters, Fessup Fred assumed command and trotted strongly to the wire for a 1-1/4 length score in 1:58.4.

Craiger with Jimmy Whisman closed from far back to be second while A Work In Progress finished third.
 
D J Millner is the conditioner of Fessup Fred ($5.20), who won for the sixth time season and raised his lifetime earnings to over $118,000.
Kevin Cummings was the driving star of the evening guiding home five winners. He also won with Shrewsbury Falcon, Midnight Jogger, Clay Hill King Pin and Educator. Jack Flanigen had three winners on the program while Ray Fisher had a double.
Racing resumes on Saturday night, post time is 7:05 p.m. The Downs will honor Gaston Guindon with a special night, he will be in track lobby from 6 until 7 p.m. to meet and greet his many friends and race fans. “The Gasser” was one of the leading drivers at the Genesee Country oval from 1969 until the early 90’s.

Todd Haight
Promotional Marketing Specialist
Batavia Downs Casino

Alexander tops struggling Pembroke 21-0

By Howard B. Owens

Alexander put the ball into the end zone three times in the first half to spark a 21-0 win over Pembroke.

For the second-straight week, Pembroke struggled to move the ball. The offense managed only two first downs in the second half.

The first Trojan's first score came on an 80-yard run by Jay Schafer. 

On the next drive, Schafer again carried the load, capping the effort with a 19-yard run.

Ryan Piechocki scored the third and final touchdown of the game midway through the second quarter, crossing the goal line with a three-yard run.

Pembroke, along with Oakfield-Alabama, has dominated the Genesee Region League in recent years, but has opened this season with a 0-2 record. O-A is now 1-1 after losing to Holley today, 16-7.

Both Alexander is now 1-1.

Holley starts a season at 2-0 for the first time.


 

It all started with the Cornell Cooperative Extension

By Howard B. Owens

It's a common question people ask me: "Why Batavia?"

People often want to know how I wound up in Batavia with this crazy idea of launching an online-only news site.

It all started the second weekend of September 2006, my first weekend as a Western New Yorker, when, after spotting a notice in a garden magazine, I decided to drive out to Batavia for the Cornell Cooperative Extension of Genesee County’s Master Gardeners'  annual Fall Harvest Gala.

In California, I began growing roses as a hobby and was eager to continue growing roses, even though my new job was bringing me to the Rochester area. 

I had just completed my first week in my new job and was living in a hotel in Fairport. I had no idea how far Batavia was from Fairport, but I jumped in my rental sedan, punched the address into the GPS and off I went.

When I hit town, I was immediately smitten. Here was a small town that struck me as what small town should be. There were cool old buildings, lots of local businesses, nice Victorian-era houses and it just seemed like a place where some sense of community still existed.

I didn't see the warts that so many often note, and I still don't much see them.

I thought, "I'd rather live here than Fairport."  

But, my company's office was in Fairport and I've never been a fan of long commutes.

So we wound up living in Pittsford, but I didn't forget Batavia.

When my bosses asked me to come up with a plan for launching an online-only news site, Batavia was my first choice. After a few more scouting trips out to Genesee County, I felt confident Batavia was the right-sized town with a vibrant local business community. 

I was actually a bit disappointed that I couldn't move to Batavia to run the project. I still had other job responsibilities in Fairport.

Then an amazing thing happened: The Batavian was mine, if I wanted it. Of course, that would mean moving to Batavia. That was fine with me and Billie. We moved to Batavia on June 1, glad to be out of the rat race and eager to be entrepreneurs.

We're quite happy with our life here. It's the kind of small-town life we long sought but could never find in California. We're grateful to all the readers and sponsors of The Batavian. You're helping us live "life as it should be" (the link is an irony hint; we previously lived in Bakersfield).

And here's how four of my rose bushes are faring in Batavia.

Letting off steam in Alexander

By Howard B. Owens

The event is in its 43rd year and covers more than 100 acres -- the WNY Gas and Steam Engine Association's annual rally.

A crowd that may have topped 5,000 was on hand today, with as many or more expected tomorrow.

The event features an amazing array of motorized vehicles and gizmos, from John Deere tractors to single-stroke engines. There's food, entertainment, trade booths and, of course, tractor pulls.

More photos after the jump.

Le Roy Fire sponsors picnic at Frost Ridge

By Howard B. Owens

This afternoon I stopped by Frost Ridge Campground just as the Le Roy Fire Department was setting up for its picnic. It's still going -- until 10 p.m. with live music, games, raffles and auctions.

Jazz singer with Batavia roots spotted at The Dot

By Howard B. Owens

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.

Fighting Irish defense shuts down Attica for second shut out to start season

By Howard B. Owens

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.

Giant flag on Carr's building

By Howard B. Owens

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 charged with State Street residential burglary

By Howard B. Owens

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.
 

OTB task force meeting minutes suggests state could meddle in Batavia Downs operations

By Howard B. Owens

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.

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