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Revamped farm labor bill is no improvement, says Farm Bureau president

By Howard B. Owens

A so-called compromise bill on changes to farm labor laws would cost New York farmers more than $200 million in added expense, according to New York Farm Bureau President Dean Norton.

In a press release from the bureau, Norton says the proposed changes to labor laws are more onerous than any other state, except California, which has an agriculture industry three times larger than New York's.

Ironically, Norton noted, that primary backers of the bill -- legislative staff and nonprofits -- are exempt from the same kind of labor laws they now advocate for family farms.

"Food is a basic human need, and this legislation seeks to ensure that local farms won't be around to produce local food for local people. This bill would force us to turn our farms into factories, to meet these onerous labor mandates that virtually no other state in the union has. It's yet another example of Albany seeking to drive businesses -- and farmers -- out of New York," Norton said. 

The bill, S.2247b, was introduced by Sen. Pedro Espada Thursday night and it opens the door to collective bargaining on family farms and forces small, seasonal operations to pay unemployment benefits for temporary workers.

"This proposal forces mandates on our family farms that will put New York at an extreme competitive disadvantage," Norton said. "Sen. Espada and the legislature need to consider the long-term viability of the Upstate and Long Island economy before passing legislation that wrecks it."

City Council to discuss budget on Tuesday

By Howard B. Owens

The Batavia City Council meets at 7 p.m. Tuesday to discuss the 2010/11 budget.

Department items are scheduled for the following times:

7 p.m. -- administrative services

7:30 p.m. -- finance, personnel, youth bureau, assessment

8 p.m. -- police and fire

8:45 p.m. -- public works, water and sewer.

No time for public comment is scheduled; however, there will be a public hearing on the budget prior to a vote.

Federal charges brought against suspects in Le Roy meth lab

By Howard B. Owens

Five people arrested in early December in connection with a suspected methamphetamine lab at 28 Clay St., Le Roy, now face federal charges as well.

Christopher J. Elmore, 31, of 14 St. Marks St., Le Roy, was arraigned in Federal Court in Buffalo on a charge of conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine and possessing a firearm in furtherance of a drug-trafficking crime.

Besides the Genesee County charges resulting from the meth lab raid Dec. 10, Elmore was accused a week later by Le Roy Police with passing fake $10 bills.

Also charged were manufacturing and distribution were:

  • Kari L. Riggi, 21, of 28 Clay St.
  • Koree R. Stephenson, 22, 6539 Dodson Road, Wyoming
  • Nathan D. Bernard, 21, 28 Clay St.
  • Joshua A. Miller, 20, 51 Myrtle St.

None of those four defendants face the additional weapons charge, which is an enhancement that can lead to more time in a federal penitentiary.

Elmore, Stephenson, Riggi and Bernard remained jailed in Genesee County on $75,000 bail.

Miller is out of jail under the supervision of Genesee County Justice.

Police Beat: Man accused of stealing gun from store in Corfu

By Howard B. Owens

Jason Howard Freeman, 28, of 5312 Genesee St., Bowmansville, is charged with grand larceny 4th. Freeman is accused of stealing a firearm from A & K Gun Sales in Corfu. Freeman was issued an appearance ticket. The case was investigated by Deputy Patrick Reeves.

Eric D. Halsey, 18, of 3718 Main St. Road, Batavia, is charged with harassment 2nd. On Dec. 31 at 10:45 p.m., Halsey allegedly grabbed a woman by the face and threatened to smash her car window and hurt her.

Ian C. Lawlis, 29, of Overlook Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation 3rd. Lawlis allegedly backed into Ellicott Street unsafely and then sped away, traveling at 40 mph in a 30 mph zone. Lawlis was stopped by Sgt. Greg Walker. Upon investigation, it was discovered that Lawlis was allegedly operating on a suspended license. Lawlis was also cited for other alleged violations, such as unsafe backing, speeding, operating without insurance and failure to notify DMV of address change.

Ronald Louis MacGregor, 41, 6960 Cole Road, Le Roy, is charged with criminal possession of a controlled substance 7th, unlawful possession of marijuana and aggravated unlicensed operation 3rd. Sheriff's deputies responded to a report of a car driving without headlines and heavy front-end damage. The car was reportedly found at MacGregor's address. Upon investigation, Deputy James Diehl charged him with the listed offenses. Following arraignment, bail was set at $100.

David W. McCoy, 49, of 101 Kurtz Ave., Lancaster, is charged with DWI, driving left of pavement markings and failure to obey traffic control device. McCoy was stopped on Route 77 in Corfu at 8:21 p.m. Friday by Le Roy Police Officer Edward Caton and charged with the listed offenses.

Two passengers injured in accident after driver strikes deer

By Howard B. Owens

A teen-age driver reportedly struck a deer Wednesday evening, over corrected and overturned her car in a ditch on Boyce Road in Pembroke.

Two of her passengers were injured.

Taken to UMMC for treatment were Randy J. Hesler, 16 and Amanda Richley, 18.

Kelsey Nichole Milks, 17, of 576 Main Road, Corfu, was driving a 2001 Pontiac sedan at 9:21 p.m. She was uninjured.

A fourth passenger, Abbigayle R. Henry, was also not hurt.

No citations were issued.

Deputy Patrick Reeves investigated the accident.

Minor injury reported in rear-end accident on Pratt Road

By Howard B. Owens

One person was injured in a rear-end car accident on Pratt Road in Batavia on Wednesday.

Treated at the scene was Mark D. Humel, 18, of East Pembroke, for an arm pain complaint.

Humel was cited for allegedly speeding.

The other driver, Lori A. Defazio, 53, of 2636 Pratt Road, Batavia, was uninjured.

Defazio was reportedly driving westbound on Pratt when she slowed to make a left turn. Humel allegedly did not notice her slowing or see her turn signal.

Humel's car struck Defazio's from behind and spun it around 180 degrees.

The accident occurred at 5 p.m. It was investigated by Sgt. Greg Walker.

Haitian mission team makes it to Port au Prince in effort to return home

By Howard B. Owens

The Lutheran mission team, which includes two Batavia residents, that was in Haiti when the 7.0 earthquake hit Monday has made it safely to the Port-au-Prince airport, according to Jason Christ.

Yesterday, WBTA's Geoff Redick spoke with Rev. Allen Werk (mp3), pastor at St. Paul Lutheran Church, who described the plan for the group's return.

Werk said once the group reached the Port-au-Prince airport, a military aircraft would take them to either Florida or the Dominican Republican, and from either of those airports, they could take a commercial flight home.

The big challenge was transportation from Les Cayes to Port au Prince. The group regularly depends on a bus driver based in Port au Prince, which is where the driver was when the quake struck.

"Somehow or another he found gas in Port au Prince for his bus and is right now on his way from Port au Prince to Les Cayes," Werk said yesterday.

On the trip from Batavia are Sharon Wolf and Zach Ashley.

One of the team members from Tonawanda, Sue Steege, occasionally updates her Twitter account with the group's status.

Apparently, at least two members of the group are still awaiting visas.

Brasky named Geneseean of Year; Rose Garden, The Batavian, Kutter's Cheese Factory win annual awards

By Howard B. Owens

Batavia High coaching legend Myron "Buddy" Brasky has been named Geneseean of the Year for 2009 by the Genesee County Chamber of Commerce.

Reached just before a basketball game tonight, Brasky didn't have much time to talk, but he said he never expected the award.

"It was a total surprise," Brasky said. "I had no idea I was even being considered. It was a surprise. It's a big honor. I'm surprised and honored."

Rose Garden Bowl/Viking Valhalla Restaurant was named Business of the Year.

The Batavian was named Innovative Enterprise of the Year.

The Agriculture Business of the Year is Kutter’s Cheese Factory in East Pembroke.

Special recognition awards are going to the Batavia Area Jaycees and the Batavia Muckdogs' parent company, Rochester Red Wings Community Baseball.

The annual awards will be presented at a ceremony at the Holiday Inn on March 6.

Thruway Authority floating idea of wind turbines along I-90

By Howard B. Owens

Apparently, the New York State Thruway Authority thinks it can get a little greener by constructing wind turbines at various locations along I-90.

While a memo from the authority to Genesee County officials stresses the preliminary nature of its planning, there is a dot on the map at the Batavia exit.

The state agency is seeking public feedback on the proposal, and county officials seem pretty cool to the idea.

County Planner Jim Duval shared with the Planning Board last night that County Manager Jay Gsell and Highway Superintendent Tim Hens are concerned that the Batavia location is a mere 4,500 feet from the county airport.

The ideal distance would be more than 10,000 feet.

Not to mention the exit is a relatively commercial, high-traffic area.

The Planning Board voted unanimously to send a resolution to the authority opposing placement of a wind turbine at the Batavia exit.

Owner of 14 pure bred dogs upset after board votes against permit

By Howard B. Owens

Suzanne Macre left last night's Genesee County Planning Board meeting in tears, seemingly sure that she will need to put down some of the Shiba Inu pure bred dogs she owns.

Macre has been involved in a dispute with neighbors and the Town of Alabama over her kenneling as many as 14 dogs at her home on Wright Road.

According to neighbors, the dogs bark in loud, shrill woofs multiple times per day, destroying the quiet of their neighborhood and making it impossible to do something as simple as sit on a back deck and watch the grass grow.

At one point, it looked like the board was going to recommend approval of her application for a special-use permit to kennel more than six dogs, which Alabama declared was required after neighbors started complaining about the dogs. Just as the motion for approval was about to be made, one of the neighbors spoke up and reminded the board there were residents who wished to talk on the topic.

In all, five neighbors spoke and disputed Macre's claim that the dogs only bark for a minute or so two or three times a day.

They said the dogs bark any time there is any noise of motion in the area of Macre's house.

Board member Michael Cianfrini noted that many times with requests for special-use permits the board only hears what the impact might be of a proposed development, but in this case, the impact was already clear.

"I don't think anybody has the right to destroy the quiet use and enjoyment of other home owners for what is in essence a hobby," Cianfrini said.

He then made a motion to recommend denying the special-use permit.

The motion passed 9-0.

Macre said, "So I'm just supposed to destroy half of my dogs?"

One of the other residents then spoke up and told the board a search of Google will show that there is a good market for Shiba Inu. He said nobody wanted to see dogs destroyed, but he was sure Macre could find buyers.

"Nobody is going to pay to ship a 10-year-old dog across the country," Macre said.

Drivers of both cars in fatal Darien accident named in lawsuit

By Howard B. Owens

One of the passengers in a car involved in a fatal accident Aug. 14 in Darien Center has filed a lawsuit seeking unspecified damages against the drivers of both vehicles.

Timothy L. Enderle names as defendants Ronald J. Wendt, Jr., Rachel L. Enderle and Michael A. Enderle.

Rachel, 27, was reportedly the driver of a 1993 Toyota sedan owned by Michael. Timothy, 20, was a passenger along with Gabrielle E. Mahus, 18, and Katie M. Stanley, 18.

Stanley died as a result of injuries sustained in the accident.

According to the initial Sheriff's Office press release, Timothy was transported by ambulance to UMMC and later transferred to Strong Memorial with a hip injury.

When we reached Rochester attorney Sheldon W. Boyce, who is representing Timothy, he wasn't in his office and didn't have a copy of the case with him, but he indicated there is no specific allegation of distracted driving by Rachel or equipment failure in the Toyota.

"Any time there are two cars in an accident, there is a certain percentage of fault with both drivers," Boyce said.

Wendt, who is accused of drunken driving, is in jail on $250,000 bail awaiting trial on a 12-count indictment that with enhancements could lead to a 25-year prison term.

For previous coverage, click here.

Planning board sides with residents on RV resort plan in Oakfield

By Howard B. Owens

About a dozen Fox Road residents showed up to the Genesee County Planning Board meeting last night to express opposition to a proposed RV campground in their neighborhood.

The board listened and went against the original recommendation to OK the project and voted to recommend disapproval of the application.

That means the Oakfield Town Board will need a majority-plus-1 vote to approve a special-use permit for the project to go forward.

Mike Dilcher wants to build a campground that will eventually hold 268 sites on 30 acres.

Opponents said such a dense campground will spoil their idyllic neighborhood, as well as run the risk of causing wells to run dry, potentially polluting the area creek and groundwater as well as greatly increase traffic on Fox Road.

"I think our main concern is the water because on Fox Road, we're all on wells, obviously," Fred Oaksford said. "Even though the town has applied for a water district, that's at least three years away."

After expressing concern about potential dramatic increase in traffic and decrease in property values, Bob Chamberlain said the development would totally change the character of the neighborhood.

"This will destroy a residential neighborhood that is really a very beautiful neighborhood," Chamberlain said.

Dilcher presented the board with letters from five Oakfield businesses that support the campground, saying the RV resort would be a much needed boost to the local economy.

Before the vote, Board Member Berney Staats said the board should take no action on the application.

"I wouldn't feel comfortable voting for it and I wouldn't feel comfortable not voting for it," Staats said. "I believe people have a right to do what they want with their property. I think people have property rights, but I don't feel comfortable with it."

County Planner Jim Duval pointed out, however, that if the board didn't take action, the Town of Oakfield board could approve the permit with no modifications.

At that point, Bob Bennett made a motion for disapproval, which passed 8-0.

Pregnant defendent released to parents to give birth

By Howard B. Owens

Seven months into her pregnancy, a Caledonia woman who admitted to stealing jewelry and guns from a Le Roy Home this summer, has been released from jail until after the birth of her baby.

Nicole L. Green, 23, was scheduled for sentencing today on her burglary 2nd conviction, but Judge Robert C. Noonan delayed sentencing and released Green to the care and custody of her parents for the final months of her pregnancy.

"I'm counting on your parents who I assume have the same concern for your baby as I do, and that if you violate any the terms of your release, you be taken away from your baby for a very long time," Noonan said.

Green was jailed without bail in November following a reported violation of the terms of her release while awaiting sentencing on her conviction. Green reportedly failed a test for substance use.

The young woman, visibly pregnant and dressed in orange jail garb, agreed with Noonan repeatedly that her parents would ensure she obeyed the terms of her release.

Noonan called her parents to the bench and asked them both if they would ensure that she stayed in their house 24/7 and report any violation immediately to the court. They said they would.

If Green abides by the terms of her release, rather than a prison sentence, Noonan could release her on a lengthy probation term.

Today's Deals: Carlson's Studio, Present Tense, Adam Miller and more

By Howard B. Owens

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.

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.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

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.c

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

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

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

Carlson's Studio

Picture: Snow fun at St. Joe's

By Howard B. Owens

Mrs. Case's first-grade class at St. Joseph School go outside every Wednesday during recess-time for some fun in the snow.  Pictured are Mrs. Case with Aiden Berne as he readies himself for a speedy-ride.

Photo submitted by Nora O'Neill

Adopt-A-Pet: Fred and Connie

By Billie Owens

I am adorable Fred. I was with my owner since I was a pup, but my owner had to move to a "supervised apartment setting," and could no longer keep me. I was turned into the animal shelter and am seeking new digs. Please know that I do not care to be around small children because I fear the little tykes are always competing for my food. Just because I'm food aggressive doesn't mean they aren't scheming to scarf my Alpo.

Anywhooo, I'm a housebroken, adult male beagle. I'm OK on a leash. But my star quality is my companionableness. I just now made up that word. I mean to say I am a loyal, trusty, amusing sidekick waiting in Kennel 16 for a whole new life to begin.

Look long into my kitty peepers. See how soulful I am, how hauntingly lovely. Connie is my name and a nice home is my game. I'm putting out big vibes with my little aura, trying to connect with my cosmic energy so it can compel someone to take me in and feed me, preferably wet food with gravy. I would also like kibble, a soft cozy, a catnip toy or two, a clean box, fresh water, love and peace. Is that so much to ask? Mind meld with me in Cage 69.


Volunteers For Animals
PO Box 1621
Batavia, NY   14021
www.vol4animals.org <http://www.vol4animals.org>

Working in partnership with:
Genesee County Animal Shelter
3841 W. Main Street Road
Batavia, NY   14020
(585)343-6410

Adoption Hours:
Sunday - Friday 1 - 3 pm (closed on Thursdays)
Wednesday 7 - 9 pm
Saturday 11 - 1 pm

Adopt a New Friend at the Genesee County Animal Shelter

Picture: Barn on Horseshoe Lake Road

By Howard B. Owens

I remain fascinated by the old barns of Genesee County. Yesterday, coming back from the incident on Mullen Road, I spotted this one at Horseshoe Lake and Sanders roads in Stafford.

Top Items on Batavia's List

Superintendent of Water and Wastewater (HELP Program), City of Batavia, NY The City of Batavia, NY seeks a creative, team-oriented professional to serve as Superintendent of Water and Wastewater. The Superintendent oversees all administrative, operational, and maintenance aspects of the community’s water and wastewater systems including the City’s water plant, wastewater plant, and the City’s water distribution system, as well as building maintenance, street lights, traffic signals, and pump stations. $87,300 - $105,856 yearly. Send cover letter, resume, and contact information including email addresses for five work-related references, and completed Genesee County application to: Teri Dean, Employee Payroll/Insurance Clerk One Batavia City Centre, Batavia, NY 14020 or tdean@batavianewyork.com Accepting applications until the position is filled. Background check, personality assessment, and physical with drug testing are required. Candidate must become a resident of the County of Genesee or any adjacent town to the County of Genesee within 6 months of the date of conclusion of the probationary period for the City of Batavia. EEO See the full job description at: https://www.geneseeny.gov/Department-Content/Human-Resources/Job-Specifications Genesee County Application: https://www.geneseeny.gov/Department-Content/Human-Resources/Human-Resource-Forms
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AUTOMOTIVE MECHANIC CITY OF BATAVIA SALARY $25.54-$30.08 MINIMUM QUALIFICATIONS:  One year of full-time paid experience as a skilled automotive repairman. SPECIAL REQUIREMENT FOR APPOINTMENT AND CONTINUED EMPLOYMENT: . Possession and maintenance of appropriate valid license(s), as required. Drivers must be at least 21 years of age. BENEFITS:  Health Insurance  Dental Insurance  Paid Holidays  Paid Vacation and Personal Time  Paid Sick Time  New York State Retirement  Deferred Compensation  Flexible Spending  Life Insurance Civil Service Applications are due to Human Resources no later than November 1, 2024. Human Resources One Batavia City Centre Batavia, NY 14020 tdean@batavianewyork.com Phone: 585-345-6340 www.batavianewyork.com
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