These two old barns and silo are along Route 98, probably in the Town of Batavia, near Elba.

According to one staff member of the Iroquois National Wildlife Refuge, The Comprehensive Conservation Plan is a 15 year planning document calling for the layout of habitat management, strategy and public use opportunities, staffing, and infrastructure including buildings in and around Casey Rd. headquarters. The documentation of the plan should be completed by fall.

 One component of the CCP, habitat management, entails “conifer plantation.” Conifer plantation calls for the removal of non-native evergreens as well as some deciduous shrub species. The species targeted for removal are evergreens, including Norway spruce, Scotch pine and Australian pine. Some white pine, a native tree, will also be removed.  The process will be a twofold operation; some trees girdled, others taken by loggers.

The above mentioned tree species will be replaced with eastern hemlocks and a mix of hard wood species. “We are trying to make more of a natural system,” said the staff member.

The conifer plantation phase has caused concern for some, as indicated by an unsigned letter I received recently. While in no way discourteous, the author voiced concern at the notion of removing decades-old evergreens. The letter is as follows: 

“I write this letter to express my concern over the policy implemented on the Iroquois National Wildlife Refuge. They are considering girdling all the Norway spruce and other evergreens on the refuge. Their stated purpose is to remove non-native species of trees from the refuge. I have been eye witness to literally hundreds of mourning doves flocking to those spruce and pine trees at dusk. The spruce groves in particular have provided excellent cover, helping to establish a large population of mourning doves on the refuge.”  

“I have also witnessed coopers hawks and sharp shinned hawks hunting the spruce groves for doves. If the evergreen trees provide such excellent habitat for mourning doves, coopers hawks and sharp shinned hawks, which are all protected species, is it wise to destroy the habitat in which they thrive? The doves don’t seem to mind nesting in non-native species of trees!”

The writer makes good points – but he’s not done. Also, it should be noted, beginning in the second sentence of the paragraph below, the letter writer and Refuge staff seem to be in partial agreement.

“Surely the destruction of habitat will have a negative effect on these birds, upsetting the natural balance between bird, predator and habitat. If the Refuge wishes to restore native species of trees to the area, wouldn’t it be more productive to plant hemlock trees, which once flourished in the Alabama swamps?  As the hemlocks grow, the spruce and pines groves could be allowed to die out slowly, without causing such a negative impact on native populations of protected bird species. Nature moves slowly. Why not allow slow changes that can support populations of wild life without man’s drastic intrusions? Be a refuge for the birds. Isn’t that your mission?”

All things considered, there are those who see habitat management as a good thing while others   believe that nature, left to its own devices, works things out in its own way and in its own time.    

Henry Homelius had no formal education, but the man born in Buffalo in 1850 would be, by the late 19th Century, perhaps Batavia's foremost architect. Together, with his son, Frank Homelius, he would design some of Batavia's grandest homes and commercial buildings.

Bill Kauffman shared a little booklet with me the other day titled "Henry and Frank Homelius: The Men Who Built Batavia."

Late this afternoon, I drove around and snapped pictures of some of the homes they designed. In the course of doing so, I also came across a number of homes not included in the book that were equally as grand as those credited to the Homelius's. So maybe they didn't build Batavia single-handedly, but they sure did build some great homes.

They also built some of Batavia's great commercial buildings as well, such as: the Batavia Daily News building on Jackson Street; the Batavia Times building on Center (now Center Street Smoke House); the former State Police barracks (now home to the Batavia Police), and the old firehouse on Main Street.

Henry Homelius is responsible for several of the homes on Ellicott Avenue.

Start with Ellicott Avenue, after the jump below are the pictures I took of some of the homes designed by Henry (mostly) and Frank:

(Top photo above is 130 W. Main St., originally built for George D. Weaver in 1889)

7 Ellicott Ave.

8 Ellicott Ave.

16 Ellicott Ave.

24 Ellicott Ave.

32 Ellicott Ave.

33 Ellicott Ave.

39 Ellicott Ave.

41 Ellicott Ave.

52 Ellicott Ave.

57 Ellicott Ave.

23 Summit St.

151 Summit St.

111 Washington Ave.

145 State St.

35 Richmond Ave.

56 Redfield Parkway

2 North Ave.

39 Ross St.

308 E. Main St.

A Ross Street resident has been arrested in connection with an alleged home-invasion burglary in Batavia last week and jailed without bail.

Robert D. Wright, 18, of 149 Ross Street, is charged with burglary, 2nd. Additional charges are pending, according to police.

A second suspect remains at large.

Wright is accused of entering a home at 20 Vine St. around 5 a.m., March 18, with a white male -- both of them had their faces covered -- and demanding drugs.

Police said the suspects claimed to have a gun, but didn't display a weapon.

Police at the time said they didn't believe the home was selected at random.

Anyone with information is asked to call the Batavia Police Department at 585-345-6350 or the Batavia Police Department’s Confidential Tip Line at 585-345-6370. Information can also be left via the Suspicious Activity Reporting link at the Batavia Police Department’s Web site.

Recent editorials in the Daily News, while defending the Genesee County Nursing Home, have been critical towards the funding of a new set of T-Hangars at the Genesee County Airport.  The usual airport slurs such as the "Rich man's playground" and the "Rich get richer" or "Benefits very few" are being used again.  It is important to remember that the Airport is an integral part of our local transportation network and critical to the continued development of the local economy. 

All of the residents of Genesee County benefit directly from the operations of the airport on Saile Drive just as they benefit from a well maintained system of roads and bridges.  In fact, it can be argued from a financial standpoint that they get back more than they put in.

In 2009, Genesee County spent $547,338.07 to operate its airport.  This money was appropriated from the General Fund, which is supported with the property tax levy among other items.  Genesee County staffs the airport and rents or leases property, hangars and tie-down spaces to private individuals and businesses.  In addition, the county sells fuel to based and transient aircraft.  These two revenue sources generated $581,455.12 in 2009 for a total surplus of $34,117.05.  A portion of this surplus, $15,008.05 was used to payback a shortfall in 2008 and the remainder, $19,109.00, was placed in a deferred revenue to be used to offset future airport expenses.  The shortfall in 2008, since paid back, was the first time since 2000 that the airport cost property taxpayers a single penny.

From an operational standpoint the County Airport is cost neutral to property taxpayers.  There is however a tremendous amount of economic and social impact created by the activities at the Genesee County Airport.  Boshart Enterprises and Aircraft Services operate from the Main Hangar at the airport.  This is a successful private business that employees several people.  Several prominent local companies such as Milton Cat, Innovative Energy, Lowe's, National Grid, Western New York Energy and others rely on the airport to run their business.  Mercy Flight houses a aeromedical unit and helicopter at the airport that allows them to respond within minutes of an accident in Genesee County.  In addition, although some events are no longer hosted, the airport supports local community services by hosting pancake breakfasts, meetings, educational tours and other promotional events.

The county does a significant amount of capital development at the airport as well.  Most of these projects are funded with federal and state aid--to the tune of 97.5 cents on the dollar.  These federal and state funds are not generated by income or other payroll taxes, but through fees assessed only to airport businesses and air travellers.  These Airport Improvement Program (AIP) grants fund everything from security improvements to runway maintenance and generate and support local jobs when work is awarded at the airport.  Since 2005 Genesee County has contributed $73,129 towards AIP projects and by doing so has leveraged nearly $3 million in infrastructure improvements.  That is $3 million pumped into the local economy via jobs, supplies and services.  The county share of these projects is funded with a portion of the 1% additional sales tax the county collects to fund capital projects and pay long term debt.  The average annual contribution of sales tax to the airport is $14,625.80, which is typically less than the surplus produced by airport operations.

From time to time the county also receives grants from the state to pay for facility improvements, which are not otherwise eligible for federal aid.  The Mercy Flight hangar, a 10-Bay T-Hangar constructed in 2008 and the most recent 8-Bay T-Hangar all are partially offset by state aid.  Both sets of T-Hangars received $300,000 grants that were a part of the 2005 Transportation Bond Act that was approved on a ballot by NYS voters that year.  The remaining portion of the hangars is funded locally.  In 2008, $78,995 was contributed from the airport's deferred revenue account to fund a portion of the remaining share of $395,000.  The payback on the county's investment of approximately $300,000 in each case is about 10.4 years based solely on revenue generated from the rental of the hangars--even less when you factor in additional fuel sales.  Not a bad return on investment for county taxpayers.

So while I can truly appreciate folks trying to garner support for the County Nursing Home and its current and future residents, it is not fair to label the Airport as "Bad" for the County.

Jay Lynch, a former volunteer firefighter who now serves as the authorized photographer for fire services in Genesee and Livingston counties just supplied The Batavian with this collection of photos from this morning's fire at Hanson Aggregates in Pavilion.

More photos after the jump:

A medical condition appears to be the cause of an accident Wednesday afternoon that left three poles -- called bollards -- splayed across the sidewalk next to the Oak Street Roundabout.

A 66-year-old woman turned herself in after learning from Attica Police that she had knocked down the bollards. She thought she had merely driven over a curb.

The Batavia woman's doctor recently changed her medication for diabetes and the woman told police she became drowsy.

The Batavian agreed not to release her name because it was a private medical condition and there were no citations issued.

The woman was coming off Pearl Street and drove up onto the curb just before she normally would have entered the roundabout.

The bollards are decorative posts meant to guide traffic along the roundabout. No word on the estimated cost of the damage.

Wikipedia defines bollard:

A bollard is a short vertical post. Originally it only meant a post used on a quay for mooring. The word now also describes a variety of structures to control or direct road traffic, such as posts arranged in a line to obstruct the passage of motor vehicles.

A vehicle has reportedly hit a guardrail and is smoking in the area of 1084 Ledge Road, Basom.

Alabama Fire and Mercy EMS are being dispatched.

Unknown injuries at this time.

View Larger Map

If you haven't filled out your census yet, go ahead and do it now, says Jill M. Babinski, a senior planner with the Genesee County Planning Department.

She acknowledges that the form is confusing because it says Census Day is April 1, yet it also says to send it in right away. But mailing the form now will ensure it gets delivered in time and that's the best approach to take, she said.

"I know some people who aren't sending it in until April 1, because they say that's 'Census Day,' but they should go ahead and send it in now," Babinski said.

So far, 30 percent of Genesee County has been counted, though the actual return rate may be higher. Babinski said the Census Bureau may not have all the data entered yet.

The county's goal is 90-percent participation.

In 2000, it was 86 percent.

Residents who don't answer the census -- which takes 10 minutes -- will receive a visit from a canvass worker sometime in late spring or early summer.

Workers will also visit residents who get their mail through P.O. boxes. Those people will not receive a postal mailed census form.

She thinks the 90-percent goal is realistic because of all the marketing the Census Bureau has done this year. A high participation rate is really important to the local community.

"I understand there is some anti-government sentiment out there, but why wouldn't you fill it out," Babinski said. "You're only hurting yourself and your community. It's how our government figures aid and reapportionment. It's really important, and you become a part of history."

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.

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.

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.

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.

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 each.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. 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.

SOLD OUT

A Batavia man died in a head-on collision in Connecticut yesterday, according to WBZ, A Boston-area TV station.

Lance Lewis, 36, was pronounced dead at the scene.

Lewis reportedly was driving the wrong way on I-95 near Norwich.

The driver of the other car, Terrence Garbuzinski, 46, of Attleboro, Mass., also died at the scene.

UPDATE: The Day has a longer story with more details. The Norwich Bulletin reports that Lewis lived at 137 Summit St. He was driving a Honda CRV with New York plates.

(Updated at 8:50 a.m.)

As many as 12 fire companies were called to Hanson Aggregates in Pavilion this morning for a fire in a structure at the back part of the facility.

The cause or origin of the fire has not been determined yet, according to Pavilion Fire Chief Paul Dougherty, who said the fire was contained to a single structure.

That structure was a sandblasting facility used to clean trucks and equipment.

"Our firefighters arrived and found the building at the rear of the facility with smoke and flames showing," Dougherty said.

The fire was difficult to fight, according to Dougherty, because it was a significant way from the road, past two driveways and there was a good deal of heavy equipment parked in the area.

"The big issue was getting water to the location because we couldn't get a lot of equipment back there," he said.

The original call came in sometime between 5:15 and 5:30 a.m.

"There was a lot of smoke," Dougherty said. "It's a wood-frame structure with metal siding. There wasn't a lot inside to burn and the fire was contained to the structure."

Hanson is a multinational conglomerate based in Europe. Its Pavilion facility provides asphalt and concrete for local construction projects.

There is no estimate yet on the dollar value of the damage and the cause is under investigation.

"Until we get into the building and interview some of their people and ask them what the recent history of the building has been, we won't know (the cause)," the chief said.

NOTE: Photos from the scene are limited because Hanson employees would not allow The Batavian back to the area of the fire to take pictures.

An Oakfield man accused of forcing sexual acts with a woman was acquitted by a jury in Genesee County Court today, according to his attorney.

Attorney Fred Rarick said he felt all along that his client, 40-year-old Maurice Doleman, was innocent because there was no evidence of physical trauma to the woman's body and she waited hours after the alleged act to call police or go to a hospital.

"I'm very pleased," Rarick said. "We had a wonderful jury who listened to all of the evidence."

He said the evidence supported statements Doleman gave to investigators at the time of his arrest, and the jury agreed, that the woman engaged in consensual sex.

The woman claimed Doleman had abused her during during a two-hour sexual encounter.

Doleman was indicted in November on two counts of criminal sex acts, 1st. The alleged incident took place in August and he was arrested in September.

Elliott M. Hickman Jr., 19, of 148 Hutchins St., Batavia, is charged with robbery, 2nd, petit larceny and endangering the welfare of a child. Hickman is accused of robbing an MP3 player from a 15-year-old in a parking lot at MacArthur Park on March 10. Hickman was jailed without bail. Previously charged in the same case was Malik I. Ayala.

Destany AnnMarie McNutt, 21, of 1302 Phelps Road, Apt. 4, Corfu, is charged with petit larceny. McNutt is accused of stealing merchandise and money from Walmart while employed at the store.

Nicholas Jerome Lucarelli, 38, of 35 E. Gatewood Ave., Gates, is charged with DWI, driving with a BAC of .08 or greater, speeding (73 in a 55 mph zone), and consumption of alcohol in a motor vehicle. Lucarelli was stopped at 12:52 a.m. by Deputy Timothy Weis on Route 19 in Le Roy for allegedly speeding.

Accidents from the State Police blotter:

6:06 a.m., March 24, Griswald Road, Le Roy, one vehicle; Driver 1: R.W. Fitzsimmons, 41, of Linwood. No injuries reported.

6:16 a.m., March 24, Lake Street Road, Town of Le Roy, one vehicle; Driver 1: Thomas M. McCullough, 53, of Le Roy. No injuries reported.

6:40 a.m., March 23, Route 33, Pembroke, one vehicle; Driver 1: Shirley A. Kensek, 51, of Batavia. No injuries reported.

Assembly Democrats want to cut state aid to schools by only $800 million, not the $1.4 billion proposed by Senate Democrats and Gov. David Paterson.

The Assembly proposal also includes $2 billion in borrowing.

According to the New York Times, Assembly leader Sheldon Silver says,

“With this plan,” Mr. Silver said, “we close the deficit, we make responsible cuts, we hold the line on spending, we preserve vital programs and services, we reject a number of taxes and fees, and dramatically reform the budget process.”

The Assembly budget does not include Paterson's tax on soda, nor does it propose closing all 81 state parks, which Paterson asked for.

The Assembly budget cuts $4.3 billion in spending. Paterson's proposal cut $4.9 billion, but without borrowing.

Assemblyman Steve Hawley's office released this statement about the budget:

Earlier tonight, the Assembly Majority introduced, and passed, their 2010-2011 State Budget resolution. While it did eliminate the proposed tax on sugared beverages and the closure of state parks throughout the state, it still looks to solve the projected budget shortfalls by increasing state borrowing by $2 billion. With the state already on the brink of insolvency, we cannot afford anymore debt or borrowing. I voted against this resolution and hope that as the budget deadline approaches my colleagues in the Majority will not plan on voting for this in the final budget.

For more on the Assembly budget, here's the Albany Times-Union story.

A fully involved car fire has been reported on Park Avenue near Judge Road in Oakfield.

Oakfield Fire is responding.

View Larger Map

Though a retired physician living in Florida I am a native Batavian with more than a passing interest in the discussion of the taxation issue involving the L.B. Grand restaurant in LeRoy.

After giving considerable thought and engaging in review of some New York State journals and available news reports I made the effort to read  some of the formidably redundant tax code.  Then, following a quick review of statistical methods, I made an unsuccessful attempt to obtain the statistical method employed in the state Tax Code.
Any questioning of the bureaucracy,as you could guess, resulted in the usual government endless merry-go-round.

Some facts however did surface and these I want to share so the New York State Department of Taxation motives will be a little more transparent.

Years of state deficits and unbalanced budgets have created the need for the Tax Department to collect more so that cuts in budgets could be avoided.  In New York there exists a budget deficit greater than $8 billion dollars.

The top tax  enforcement official, William Comiskey, with the backing of Legislators and Govenor Patterson have unleashed the Department of Taxation and Finance to radically increase the number of audits on small businesses to build the state coffers.

Thus far the goals do not imply anything unreasonable.  However, the methods utilized and the individuals who have been hired in increasing numbers to levy these audits create serious skepticism.  Dubious sampling methods defy statistical plausibility.  These methods include one day samples which are inexplicably extrapolated to define years of income.

That method would be tantamount to estimating the average daily temperature in Batavia, N.Y. by taking a sample of one day then applying it to all days, in all seasons, for three years.  Sound crazy?  It is!   This method may be employed if a small business cannot produce records that the Tax Department considers acceptable and that includes receipts that have been carefully saved but have faded because the vehicle was thermal paper.  Such is the case with L.B. Grand Restaurant.

As stated by a N.Y. tribunal ruling on such a case, “A lack of records does not equate to a presumption that taxable sales have been underreported.  This does not give the division carte  blanche to simply extract convenient mumbers from an index and use them in a manner for which they were never intended.”

The target of such oppressive techniques would  be forced to resort to legal help at a huge  expense.  In many instances this has resulted in dismissal of the claims made by the Tax Department.  In the case of L.B Grand an alleged underpayment of sales taxes amounts to $247 thousand over three years has been decided even though gross receipts are approximately $500 thousand per year.  Sound crazy?  It is!

Involving tax attorneys would be certain to alleviate and possibly get rid of the charges.  Isn’t it amazing that a charge made with certainty by the State could almost inexplicably be made to go away?  Isn’t that a scary concept?   Pay the bill to the state or get a lawyer and he could make it disappear----for a staggering sum paid by the accused to preserve innocence.

Where does this place the small business owner?  I will not pander  your emotions though the overwhelming  mental anguish and suffering of  the innocent is palpable to me.

Think it over.  Can all of this really be happening?   In America?

To hear William Cassidy tell it, the students at Genesee Community College "run a bus service," sort of.

He's a senator in the student government who's lobbying to change the status quo for funding bus transportation. As it stands, the B-Line Bus Service to the college is paid for with student activity fees, a practice that's been in place for years and years.

What many at the college would like to see, is a "market-based" system wherein the students who use the B-Line buy a bus pass. Now, the entire student body chips in to pay for something that a small minority of students use regularly.

Currently, $118 per full-time student and $22 per part-time student goes into the student activities fund each semester. This pays for major equipment repairs, as approved by the college Board of Trustees, pre-season and post-season athletics, and day care.

The fund is left with $322,000 for trips, pizza parties, movies, etc., and to finance B-Line Service, which costs $52,000. Individual riders show their student I.D. cards and pay nothing to get onboard. Non-students, those without I.D.s, pay $1.

The current three-year contract with B-Line expires in May and negotiations are under way for a new one. The latest talks occurred Monday.

Linda Knox, who is in charge of the B-Line Service in Genesee County, said she could not discuss the matter due to the negotiations. Cliff Scutella, a student advisor at GCC, is working to bring student government reps and transportation officials together to discuss the issue.

"Last time I checked the SUNY Charter, it allows student government to spend its activity funds as the campus sees fit," Cassidy said. "It doesn't mention running a bus service."

Cassidy facetiously suggests starting a "Bus Club" for riders to earn money to pay for B-Line Service. All the other campus clubs are obliged to raise their own funds.

"We could have a bus wash," Cassidy said.

The transit authority has suggested reducing the cost of the B-Line by having fewer runs, a solution Cassidy finds "absurd" because the GCC loop has more riders than any other route in the county.

When asked about other options for funding bus service to the college, Rochester General Regional Transportation Authority, which B-Line is part of, apparently likes things the way they are.

Myriam T. Contiguglia, its regional marketing coordinator, offered this statement:

"The 30-year partnership between BBS and GCC has provided students with reliable transportation allowing them to access higher education. Removing the transportation barrier creates less stress for students so they can concentrate on academics thus increasing graduation rates.

"People living in rural areas face many of the same challenges as people living in urban centers seeking educational opportunities but often have to travel greater distances, have less opportunities for part-time jobs and income levels are often lower. The availability of public transportation in rural areas removes two barriers from people going to school: the lack of private transportation and the expenditure of limited income to pay for insurance, gas, car payments. The money saved can go towards paying for tuition and books."