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Farm Bureau president praises decision on family farm labor

By Howard B. Owens

Dean Norton, president of the NYS Farm Bureau, and Elba resident, provided the following statement on the Department of Labor's decision regarding proposed rule changes for children working on farms:

We at NYFB are extremely grateful for the public outcry over the regs that UDOL had proposed and appreciate the action by the farming community to make their collective voice heard on what would have been some very intrusive rules for farm families. It is refreshing to see that common sense was achieved in the withdrawal of the proposed rules.

As provided by Norton, here's the statement from the DOL:

“The Obama Administration is firmly committed to promoting family farmers and respecting the rural way of life, especially the role that parents and other family members play in passing those traditions down through the generations. The Obama Administration is also deeply committed to listening and responding to what Americans across the country have to say about proposed rules and regulations. As a result, the Department of Labor is announcing today the withdrawal of the proposed rule dealing with children under the age of 16 who work in agricultural vocations. 

The decision to withdraw this rule – including provisions to define the "parental exemption" – was made in response to thousands of comments expressing concerns about the effect of the proposed rules on small family-owned farms. To be clear, this regulation will not be pursued for the duration of the Obama Administration. Instead, the departments of Labor and Agriculture will work with rural stakeholders – such as the American Farm Bureau Federation, the National Farmers Union, the Future Farmers of America, and 4-H – to develop an educational program to reduce accidents to young workers and promote safer agricultural working practices.”

Timber-cutting con man given six months in jail, five years probation

By Howard B. Owens

It will be decades before the 13-acres of woodlands Lynn Belluscio and her late husband once enjoyed together return to their former "park-like" nature, but the man responsible for the removal of more than 100 of her trees will be out of jail in six months and off probation in five years.

David Henry Isabell, 43, of Liverpool, entered a guilty plea in January to scheme to defraud 1st and timber trespass. He was sentenced today in County Court.

The $36,000 Belluscio received in restitution is small compensation for what she lost, she told Judge Robert C. Noonan prior to Noonan handing down his sentence.

"I have only been able to walk in the woods once, and that was at the request of Deputy John Duyssen," Belluscio said. "What I saw that day made me sick to my stomach. If I ever have a chance to explain to my husband what happened, I would be at a total loss for words. ... I will not see the recovery of my woods in my lifetime."

Belluscio hired Isabell's company, Icon Timber Marketing, to cut down about 35 trees that were aging, diseased, or needed removal as a matter of good forest management. Workers took about 140 trees, left stumps and limbs on the property, big ruts in the ground and an area that once included a scenic horse trail is now unusable, covered by thorny vines and overgrowth, Belluscio said outside of court.

As part of the criminal complaint against Isabell, the DA's office alleged six land owners were defrauded out of more than $72,000 in hardwood timber by Isabell.

For the trees from Belluscio's land, Isabell received $60,000, according to bank records obtained during the investigation.

Attorney Robert Durr said his client's family stepped forward to pay the restitution, and Isabell said he's lost everything trying to repay his debts, which allegedly includes money owed to customers not part of the criminal complaint.

"Mr. Isabell is a terrible businessman," Durr said. "As a result of being a terrible businessman, he has placed himself in a situation of criminal liability."

Durr also described Isabell as a changed man who has quit drinking and recognizes that what he did was wrong.

"I truly believe that Mr. Isabell is a different man today than he was two years ago," Durr said. "I truly believe Mr. Isabell has great remorse and sorrow for what he did. I truly believe he feels remorse not for himself, but for these victims, and I truly believe that if he is given an opportunity, he will prove to the court and to the victims he is worthy of that opportunity."

Isabell told Noonan that he is "very remorseful" and that he is working day and night to earn enough money to repay his debts.

"These are all very good people and they trusted me," Isabell said. "I had done work for these people five or six years ago and based on that relationship, they trusted me. I broke that trust.

"I wasn't there," he added, "to oversee things and make sure things were done right and make sure they were paid. I'm very sorry. I feel terrible that they now feel this way about me because I worked very hard to gain their trust."

The case came to the attention the Sheriff's Office when Le Roy businessman and Oakta Trails property owner John Morrill agreed to let Isabell remove some trees from his land. 

In an interview outside of court, Morrill said Isabell identified himself as "Isabella" and said the trees might fetch Morrill about $1,500.

After months of not hearing from "Isabella" and not getting his calls returned, Morrill spotted some of the same trucks that had been on his property and stopped and talked to the crew.

One of the men, according to Morrill, was Donnie Hendrickson, who was later  charged as a co-defendant in the case.

Morrill said Hendrickson provided the correct identity for Isabell and said about Isabell using a different name, "he does that all the time."

When Isabell got wind that Morrill was going to talk with local law enforcement, he said Isabell offered him a payment of $50 toward the timber.

Because Morrill didn't take the payment, the Sheriff's Office was able to open a criminal investigation (if a potential fraud victim takes such a payment, it creates a contract, making the dispute a civil matter, not a criminal matter).

Duyssen was assigned to the case and located Belluscio as a potential victim.

By this time, Isabell was apparently in the Niagara County Jail for violating his probation from a prior DWI conviction.

According to Duyssen, Isabell apparently heard about the criminal investigation and allegedly sent an employee to Belluscio house at 11 o'clock at night with an offer of $5,600 for the wood.  Belluscio turned down the offer.

Outside of court, she described the late-night appearance of Isabell's employee at her house as frightening.

Eventually, Isabell was indicted on charges of two counts of grand larceny, 4th, three counts of grand larceny, 3rd, issuing a bad check, 22 counts of timber trespass, petit larceny, theft of services and scheme to defraud 1st.

Hendrickson was indicted on charges of grand larceny, 4th, 23 counts of timber trespass, grand larceny, 3rd, and scheme to defraud, 1st.

In January, Hendrickson entered a guilty plea to a misdemeanor and has not yet been sentenced.

According to Durr's statements in court, Hendrickson cut a plea deal with prosecutors in exchange for his testimony against Isabell if the case went to trial.

Durr said the only reason his client was in court, and not Hendrickson, having entered a guilty plea to a felony was because Isabell's criminal past.  If the circumstances were different, Durr said, it would be Hendrickson facing a possible prison sentence.

He said Hendrickson received most of the money from the timber sales and was the person Belluscio dealt with the most on her property.

Assistant District Attorney Kevin Finnell said that when he and the victims read some of the letters sent to the court in support of Isabell, from friends, family and employees, they couldn't believe some of the statements in the letters blaming circumstances rather than Isabell for the crimes.

"These letters seem to suggest there is an excuse 100 times over for why he didn't pay these people, and why these events occurred the way they did" Finnell said. "No where is there any acceptance of responsibility."

Noonan said he had to balance a number of factors in his sentence of Isabell -- from the unrecoverable loss to Belluscio to the damage Isabell has done to his family.

"I have to fashion a sentence that makes a point to you and does not unduly burden society at this point," Noonan said. "I do recognize the fact that you did step up and figure out a way, with the help of people close to you, to financially compensate many of the people, if not all of the people, you involved in this scheme.

"There is a very good argument that I should lock you up and throw away the key," Noonan added. "There is also an argument that if not for the people close to you, who have paid a very huge debt, will only face a heavier burden with a long sentence."

After sentence was pronounced, Durr asked if it could be modified to nine months intermittent incarceration in the jail, giving Isabell an opportunity to work, earn money, and take care of his family as well as pay back debts he still owes.

Finnell opposed the request.

Noonan said, "I had the alternative of sending Mr. Isabell to state prison, but I elected not to do so. I fashioned a sentence for punishment as well as rehabilitation and my decision stands."

The mug shot above of Isabell was taken today after he arrived to begin his stint in the Genesee County Jail.

Town of Batavia board member resigns

By Howard B. Owens

John Gerace, who has served on the Town of Batavia Board for more than 16 years, resigned his position more than a week ago.

No reason has been given for his resignation.

Supervisor Greg Post confirmed Gerace's resignation today but declined to comment further.

Post said the board has not yet decided on a process for filling the vacant position.

Gerace could not be reached for comment.

Photo: File photo.

Local criminal going to prison for at least eight years

By Howard B. Owens

Robert J. Eppolito is going to be out of the community and in prison for many years -- from eight to 11 -- following his sentencing on two criminal charges in county court today.

The 29-year-old Batavia and Le Roy resident has been in trouble with the law a few times in recent years and and in January he entered a guilty plea to assault, 2nd.

Eppolito previously admitted he punched and kicked a victim in Le Roy.

On the assault charge, Judge Robert C. Noonan gave Eppolito seven years in state prison. The sentence will be served consecutively with a violation of probation sentence of one to three years.

Woman accused of being on the phone and drunk while driving on Route 19

By Howard B. Owens

A woman reportedly involved in a motor-vehicle accident in Pavilion early Wednesday morning has been accused of using her mobile phone while driving and doing that while she was drunk.

Alexandra Rae Wood, 21, of McCall Road, Batavia, allegedly had a BAC of .18 or greater when she drove her car into a ditch on Route 19 at 2:34 a.m.

She has been charged with DWI, driving with a BAC of .18 or greater, unlawful possession of marijuana, moving from lane unsafely and unlawful use of a mobile phone.

Wood was issued an appearance ticket and released.

The accident was investigated by Deputy Jason Saile.

Tops to start carrying Alpina yogurt

By Howard B. Owens

Press release:

Artisan dairy manufacturer Alpina Foods has announced its yogurts will be available at Tops Friendly Markets, a leading grocery retailer in Upstate New York State and Northern Pennsylvania. The supermarket chain will carry Alpina Revive Greek Yogurt and Bon Yurt by Alpina at all Tops Friendly Market locations starting this month.

“We are excited to see our products on the shelves at Tops Friendly Markets,” said Alpina Foods General Manager Carlos Ramirez. “This relationship allows us to expand the availability of our yogurt as the demand for quality dairy products increases and the construction of our Batavia, New York dairy manufacturing plant nears completion.”

“Tops is proud to be the first grocery retailer in the area to carry Alpina Foods’ yogurts,” said Cathy Shifflett, Tops VP Center Store Sales and Marketing. “At Tops Friendly Markets, we’re committed to partnering with local brands such as Alpina Foods to bring quality products into communities throughout New York and Pennsylvania.”

Alpina Revive is an authentically strained, all-natural and non-fat Greek yogurt that packs an impressive 15 grams of protein in every cup. It contains simple ingredients such as milk and active yogurt cultures, is low in sugar and carbohydrates, and contains no artificial ingredients, sweeteners or flavors. Alpina Revive is paired with one-of-a-kind, chef-crafted granolas in four blends: antioxidant, superfoods, tropical, and Chai spices. 

Designed for the kid in all of us, Bon Yurt by Alpina is a creamy, traditional-style yogurt rich in protein and calcium but with a bit of fun in the mix. Paired with timeless cereal favorites like frosted flakes, cocoa rice, fruit rings and cookie bits, makes Bon Yurt by Alpina sure to please both parents and kids.

Photos: Flowering trees in Batavia

By Howard B. Owens

We seemed to have gotten a little bit of spring back today and Monday's snowstorm and yesterday's hail doesn't seem to have done much damage to all the various flowering trees around the city.

Above, Richmond Memorial Library, and bottom photo, behind 400 Towers on Swan Street.

Batavia Downs Casino expansion approved by NYS Lottery

By Howard B. Owens

Press release:

Batavia Downs Casino is pleased to announce that its 27 million dollar expansion has been approved by the New York State Lottery. The expansion, which is slated to begin immediately, will consist of repairs to the roof, replacement of the facility’s neon sign with an energy-efficient LED one, and most notably, the facility’s second-story gaming floor will be brought down to ground level.

The project is expected to be one of the largest construction projects in Western New York this year.

“We are pleased to begin this long-anticipated project," said Mike Kane, president of Western Regional Off-Track Betting and Batavia Downs Casino. “The construction will create jobs both during the building of our new facility and inside the casino once the expansion is completed."

Since 2005, Batavia Downs Casino has contributed more than 107 million dollars to New York State Education through the lottery and more 71 million has been distributed to the 15 counties of Western New York and the two cities of Buffalo and Rochester.

"The expansion will add about 200 machines to the gaming floor, and we expect an increase in the yearly payments given back to the citizens of New York State," Kane said.

New restaurants will also be added to the facility.

“The Thurman Thomas Sports Bar will give local sports fans a new, unique place to cheer on their favorite teams while enjoying food, drink and local musical entertainment” said Director of Marketing Ryan Hasenauer.

The Tim Horton’s currently on the second floor would be expanded once it occupies its new space on the first floor. Batavia Downs Casino’s Ambassador will have his own space on-site as well.

Mitt Romney top vote getter in local GOP primary voting

By Howard B. Owens

Like he did in the rest of the state, Mitt Romney came out on top in Genesee County in GOP presidential primary voting Tuesday.

Of 984 ballots cast in the county, Romney garnered 455 votes, outpacing Newt Gingrich with 190 votes and Ron Paul with 135 votes.

Rick Santorum, who previously dropped out of the race, still picked up 114 votes.

Romney didn't win every precinct, however. In Ward 2, District 3 and District 8, Ron Paul picked up six votes to Romney's two.

In one of Alabama's precincts, Paul and Gingrich tied with four votes and Romney picked up three.

In one Bergen precinct, Gingrich outpaced Romney 10 votes to eight, and at one polling place in Darien, Gingrich came out on top with 12 votes to Romney's seven, and at one spot in Pembroke, the two candidates tied with 11 votes.

UPDATE 12:24 p.m.: A technical glitch held up results from Elba. Here they are: Romney, 16, Gingrich, 9, Paul, 6, Santorum, 1.

While investigation into her death continues, friends raising money for the children of Alyce Huntoon

By Howard B. Owens

The death in February of a Batavia mother remains a mystery, but friends are organizing a fundraiser May 10 to benefit her children.

Alyce Huntoon, 24, was found unconscious in her car Feb. 8 and pronounced dead some time later.

Huntoon was the mother of two young children.

Det. Pat Corona said today that the investigation into her death remains active and investigators work on the case almost daily, mostly in interviews, tracking down information on every lead that comes into the police.

Toxicology results should be available within two or  three weeks.

Corona admitted that as an investigator it's frustrating to be gathering information without knowing the cause of death, which makes it harder to know which information is key and which is irrelevant.

Determining a cause of death will help focus the investigation.

The fundraiser May 10 will be at Tully's on Main Street, where Huntoon was employed at the time of her death.

Proceeds will benefit Ava and Maddy, Huntoon's children, according to Amanda Holley, who is helping organize the fundraiser.

It will include a 50/50 raffle and the fundraiser will last throughout the day, from 11 a.m. until 11:45 p.m.

Psst. There's a GOP presidential primary in NYS today

By Howard B. Owens

Polls opened at noon, and as of 3 p.m., the polling place at the Holland Land Office Museum had a grand total of zero voters.

Jackson Street a short time later had two voters, but city fire was doing a bit better with nine voters and by 4 p.m., the poll at Robert Morris had 20 voters.

On the ballot, the three men still running for the GOP presidential nomination -- Mitt Romney, Newt Gingrich and Ron Paul -- plus Rick Santorum, who is officially out of the race.

Polls close at 9 p.m

If you're a registered Republican, you can vote.

Spring downtown carnival cancelled

By Howard B. Owens

The Downtown Spring Carnival for 2012 has been cancelled.

Originally scheduled to be held this year in the parking lot adjacent Alva and Bank, the carnival has fallen victim to weather.

The Fun for Everyone Shows troupe has been unable to leave Florida and won't be able to make it to WNY in time for the carnival, which was set for April 25 through 30.

Batavia woman accused of welfare fraud totaling more than $17,000

By Howard B. Owens

A 31-year-old Hutchins Place resident is accused of defrauding the Department of Social Services out of more than $17,000.

Deborah Schramm, of Batavia, is accused of submitting various forms from February 2011 through August 2011 for medical assistance and food stamps she allegedly wasn't qualified to receive.

Schramm is charged with six felonies -- grand larceny, 3rd, and five counts of offering a false instrument for filing, 1st.

City warns downtown residents to get permits for overnight parking

By Howard B. Owens

Some of the current residents of downtown apartments were surprised a couple of weeks ago to get a warning about parking on city streets or parking lots overnight.

City Manager Jason Molino said the warning is part of an effort to ensure only vehicles with permits are parking overnight, and that they're parking in recommended areas.

"We initially issued warnings to remind people there is no (overnight) parking and give them a chance to get permits," Molino said. "There have been no tickets issued at this point."

If a resident wants to park a vehicle downtown overnight (from 2 a.m. to 6 a.m.), he or she needs to get a permit from the city.

That permit costs $100 annually (raised recently from $50 per year).

The permit covers up to two vehicles.

When a resident receives the permit, the resident is asked to park his or her vehicles in specific areas, with other overnight parking, so that vehicles are grouped together.

Molino said this is particularly important during snow removal season.

With the city making a push for more apartments downtown, Molino was asked if there is adequate parking for more residents in the heart of the city.

There is, Molino said.

"If you don't have an overnight parking ability -- if you don't enforce it, or you don't have it -- then people can park overnight with any type of vehicle, whether it's a construction vehicle, farm equipment, those sorts of things," Molino said. "We've had requests from truckers or trucking agencies to park their big rigs overnight, which is just something we don't allow."

On the web: Batavia City Code

Charter Task Force presents proposal for moving forward with city and town consolidation

By Howard B. Owens

A proposal to merge the city and town of Batavia is moving forward and at the start of Monday's city council meeting, the Charter Task Force Committee presented its proposed city charter and timeline for public hearings and public vote.

Chairman Chad Zambito (above) made the presentation, telling council members that the committee settled on a council/manager form of government with ward representation combined with at-large council seats (much like the current City of Batavia).

There would be four wards and five at-large seats.

As initially proposed, the new city would have a tiered tax structure with the current city having a tax rate to help pay for current city services -- primarily fire and police protection -- and the current town having a separate tax structure to maintain its current level of service.

The timeline toward possible adoption:

  • The town board and the city council must each pass a resolution asking Assemblyman Steve Hawley and Sen. Mike Ranzenhofer to introduce legislation to make consolidation possible;
  • May 17, info session at the town hall;
  • May 24, info session at city hall;
  • May 31, public hearing;
  • June 4, public hearing;
  • June 11, public hearing;
  • June 21, public hearing;
  • In July, public input reviewed, documents edited and corrections made to proposed charter;
  • August, revised charter introduced to city and town officials, city and town hold public hearings, city and town vote on charter and ballot initiative;
  • September, ballot initiative must be submitted by city and town by Sept. 9;
  • Nov. 6, Election Day and voters in both city and town can vote on ballot initiative.

If approved:

  • Town and city boards, appointees and employees remain in place until Jan. 1, 2014;
  • The task force recommends a consolidation committee be formed comprised of elected officials and residents from both the city and town;
  • Election of new city council in November 2013, with at-large seats elected to four-year terms, and wards started with two-year terms (a four-year term election for wards starting in 2015).

Currently available documents related to the proposed consolidation can be found on the consultant's website.

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