batavia

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 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.
 

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.

Michael Erik Granger, 19, of 8170 Batavia-Stafford Townline Road, Batavia, is charged with harassment. Granger is accused of striking a College Village safety officer during an investigation into a loud noise complaint.

Ok, to set the record straight, it was not your typical party that was happening on Thorpe Avenue tonight. No it was a party of fun, hope and encouragement. It was the Care-A-Van Ministries weekly cookout.  The Care-A-Van band was rocking the neighborhood with their lively music.

We got busted by our own editor of the Batavian, Howard Owens and his friendly watchdog (Howard forgive me, I could not remember how to spell his name!)

Howard being the awesome editor and reporter was out for a walk and thought he would stop by and see what all the commotion was about. It was great meeting Howard face to face, after all of these months of blogging on his online newspaper.

Care-A-Van served dinner to approximately 50 folks tonight. Of course the kids loved the ice cream cones! We are happy to report that the best part of the night was when 4 people received salvation tonight, by asking Jesus into their hearts !

We go forth to not only bring them physical food, but spiritual food as well. We let them all know that God has a plan for them,  a plan to prosper them not harm them, a plan to give them a future and a hope.

Thanks Howard for stopping by! It was great meeting you and being able to give you a tour of the bus and to share of the ministry with you.

We will be returning to Thorpe Avenue on Sunday afternoon at 2:30 PMfor a street church service.  Our own Mike Grasso of the Assembly of God will be giving the message.

Little Briana even joined in for singing with the band:

The state is not looking takeover Off Track Betting operations, Assemblyman Steve Hawley said in a press release today.

“To be very clear, there have been no discussions of a state takeover of OTB and should such discussions arise, I would like all residents to know that I am strongly opposed to such an initiative, especially regarding a takeover of OTBs in Western New York,” said Hawley, who upon learning of the rumors, immediately called Western New York OTB officials to dispel the rumors.

Last night, the Genesee County Legislature passed a resolution opposing any effort by the state to take over OTB facilities, especially Batavia Downs.

Full press release follows the jump:

Press Release:

A member of the Assembly Racing and Wagering Committee, Assemblyman Steve Hawley (R, I, C – Batavia) would like to assure all residents that rumors currently circulating of a state takeover of Off Track Betting (OTB) operations are untrue.  The Assemblyman has been vital in brokering racing and wagering agreements with the state, such as the new New York Racing Association (NYRA) agreement that increased revenues for Batavia Downs.

“To be very clear, there have been no discussions of a state takeover of OTB and should such discussions arise, I would like all residents to know that I am strongly opposed to such an initiative, especially regarding a takeover of OTBs in Western New York,” said Hawley, who upon learning of the rumors, immediately called Western New York OTB officials to dispel the rumors.

The state took over New York City OTB in June 2008; however, due to mounting problems, on September 1, 2009, Governor Paterson signed an executive order allowing the NYC OTB organization to file for reorganization under Chapter 9 of the federal Bankruptcy Code (executive order #27).  In that executive order, the Governor has directed NYC OTB to put together a restructuring plan within the next two months.

Contained in the 2008 legislation allowing the state to take over NYC OTB, the State Legislature also appointed a task force to study regional OTB corporations.  Their report is due later this fall.

Both of these actions have helped to fuel rumors that the task force would “rubber stamp” a rumored initiative for a state takeover to allow OTB revenues to be moved from local governments to the state’s General Fund to balance budget deficits.

In order for the state to take over OTB corporations across the state, there would need to be legislation drafted and moved through both houses.  However, at this time, there is no such legislation, nor have there been discussions to draft or introduce any legislation of the sort.

Assemblyman Hawley stated, “I can certainly understand the concern: last year the Governor swiped money from snowmobilers, this year he chose to give $200 handouts to recipients of social services instead of renewing the STAR rebate program.  Both of his budgets have been excessive in their spending, irresponsible and secretive in their negotiations. When it comes to making fiscal choices, there is a reason why New York State residents are skeptical of the Governor doing the right thing.  However, at present, I would like to ensure all residents that there have been no discussions about a state takeover of OTB operations.  Furthermore, I am adamantly against such a proposal and will fight it tooth-and-nail should such a proposal be made.”
 

Dietrich Williams, accused of shaking a baby and seriously injuring the child, has been writing letters to Judge Robert Noonan, Noonan revealed in court today.

The letters deal with issues related to his case and his potential sentence, Noonan said.

"I think communications would be better coming from you rather than your client," Noonan told Defense Attorney Jerry Ader.

Noonan than provided copies of the letters to Ader and District Attorney Lawrence Friedman.

Williams was in court because his attorney has filed a series of motions designed to test the legitimacy of the case against Williams. The fairly standard motions ask Judge Noonan to determine if the case presented by the People to the Grand Jury was sufficient and challenge the use of any post-arrest statements made Williams at a trial.

Ader is also asking for copies of medical reports from the hospital about the nature of the injuries to the baby.

"This is critical evidence as to what the injuries where and whether they were caused by my client," Ader said.

Friedman said his office hasn't received the records either and he said he would prepare a subpoena to have the records produced for the proceedings.

The case was continued to Sept. 24, when Judge Noonan will hear oral arguments regarding the admissibility of any statements Williams made.

A suspected drug dealer who allegedly sold cocaine to an undercover agent four times in May was taken into custody Wednesday afternoon by Genesee County Local Drug Enforcement Task Force.

Timothy "Cricket" O'Neil Lee, Sr., of 19 Porter Ave., Batavia, is charged with four counts of criminal sale of a controlled substance and four counts of criminal possession of a controlled substance.

Lee was spotted Wednesday on driving Washington Avenue. He was arrested following a traffic stop.

Lee is in Genesee County Jail pending arraignment this morning in Genesee County Court.

Assisting in the investigation were uniformed members of the Genesee County Sheriff's Office and the District Attorney's Office.

UPDATE: Lee appeared in court this morning and pled not guilty to the charges. Prior to this arrest, he was out of jail on $20,000 bond stemming from a previous indictment on charges of criminal sale of a controlled substance and two counts of criminal possession of a controlled substance. All three counts related to cocaine. Today, additional bail or bond was set at $5,000.

Jennifer A. Benhatzel, 32, of Basom, is charged with identify theft, possession of a stolen credit card and forgery. Basom was arrested earlier this month by the State Police. She is held without bail. The alleged crimes took place at Smokin' Joe's in Lewiston. The case remains under investigation.

William A. Andrews, 29, of 16 Ross St., Batavia, is charged with criminal mischief. Andrews allegedly slashed the tires of a neighbor's vehicle. He was jailed on $2,000 bail. The arresting officer was K. M. DeFelice.

Don't you think Governor David Paterson and the rest of the Albany government would love to get its hands on revenue generated by Batavia Downs to help offset the state's budget struggles?

County Manager Jay Gsell thinks so, and he's skeptical of a task force created by Paterson to study the efficiency of the state's off-track betting facilities and decide whether all of the state's OTB operations could be consolidated under a single authority.

According to a resolution passed by the Genesee County Legislature on Wednesday evening, many industry pundits think the task force is nothing but a naked attempt to grab OTBs from local control.

Batavia Downs, as with many OTB facilities in the state, contribute revenue to the local governments that support and have invested in the facilities.

"This is just a revenue grab by the state," Gsell said after the meeting.

There are problems with downstate OTB facilities, Gsell said, but it makes no sense to create a single authority to run all of the OTB locations when some of them are doing quite well.

And in the case of Batavia Downs, only after substantial investment.

"It took a large investment just to get it to where it is today," noted Gsell. "They saved what was a moribund, decrepit facility that had been abandoned by private enterprise."

Gsell said the Western Regional Off-Track Betting Corporation invested millions of dollars -- with unpaid debts being somewhere between $15 million and $20 million -- to turn Batavia Downs around.

If the state takes over OTB operations, the revenue both to pay off the debt and to help fund county operations will be diverted to Albany.

"If New York wants to take some of the money, they need to take some of the costs, too," said Legislator Hollis Upson before the resolution vote, "which we know they’re never going to do."

Legislator Charles Zambito called the state's revenue grab unfair because the off-track betting corporation built Batavia Downs into a well run, profitable facility and any problems faced by downstate OTBs have nothing to do with the Downs.

"It would be extremely unfair for them to come in now and say, 'Give it to us,'" Zambito said.

The resolution will be sent to the state task force, but has no force or effect to change whatever the task force decides to do.

Among the items on the agenda for Monday's City Council meeting is a resolution authorizing a pay increase for City Manager Jason Molino.

The resolution states, "WHEREAS, the City Council of the City of Batavia wishes to grant a wage adjustment to the City Manager for the current year based on his performance evaluation."

If approved, Molino's base pay would go up 2.85 percent to $83,487 and would be retroactive to April 1.

Just noticed the new sign in front of First Niagara Bank on West Main - they updated their logo and made a tall sign, but no more time/temp sign. It was kind of handy for those of us that don't have temperature readouts in our vehicles (and it seemed pretty accurate also). Now we are down to one time/temp sign on Main St. in Batavia  -the one in East Town Plaza.....oh well-may seem insignificant to some, was handy for others.

The winner of "The Little Habitat House" was Mark Schlaggel of Batavia. He was so relieved, he didn't have to build one for his 5 yr. old daughter, Marla.

Here Ron Burroughs and Sam Barone, from Genesee County Habitat, turn the key over to Mark Schlaggel and his daugher, Marla.

Marla received her new house on Labor Day and also starts Kindergarten at Robert Morris School, this week.

Thanks to all of you for your donations!!!!!!!!!!!!!!!!!!!!!

First Ward City Councilman Bill Cox says there is growing opposition to the school district applying for a grant to develop the North Street Extension with a series of athletic fields.

To help give First Ward residents a chance to share their thoughts on the proposal, he is hosting a community meeting Saturday morning from 9:30 to 10:30 at the Salvation Army Headquarters, 529 E. Main St.

"There is growing public opposition to this development," Cox said in a statement today. "As a councilman, resident, and taxpayer, I want to present the feelings of First Ward residents and taxpayers to council at the next city council meeting. I will also share my position with our residents on this proposal during the meeting."

Doors will open at 9:15 a.m.

The Batavia Police Department conducted a check point on Law Street from 10 p.m. Friday to 2 a.m. Saturday and released details on the enforcement action today.

Two people were arrested for alleged DWI, one person for alleged operation of a vheicle while under the influence of drugs and another person for alleged unlawful possession of marijuana.

The following arrests were made:

Julian J. Matla Jr. 46, of 35 Church St., Le Roy, charged with DWI.

Christopher Herman, 30, of 39 Citation Drive, Henrietta, charged with DWI and endangering the welfare of a child.

Shaun P. Murray, 52, of 117 Friar Drive, Rochester, charged with driving while ability impaired by drugs.

Ellen A. Murray, 52, of 117 Friar Drive, Rochester, charged with unlawful possession of marijuana.

Paul R. Tenney, 39, of Batavia admitted in court today that he stole more than $106,000 from his  employer, Elcon, Inc..

Under terms of the plea agreement, Tenney could be sentenced to five years probation and either six months in jail, or a four-month intermittent term, plus he could be required to repay the stolen $106,000.

Judge Robert Noonan released Tenney from jail following his guilty plea. Between now and his sentencing, Tenney will be under the supervision of Genesee Justice and must abide by a curfew from 6 p.m. to 6 a.m.

The jail sentence is the maximum time, under statute, that a convict placed on probation by a judge can be required to do, according to District Attorney Lawrence Friedman.

Tenney was arrested in early June for reportedly forging checks and falsifying business records.

A Batavia man is in satisfactory condition following a single-car, rollover accident on Route 98 in Alexander at 12:22 a.m. Monday.

David E. Stupp, 39, of 8052 North Bennett Heights, Batavia, suffered a fractured neck in the accident.

Stupp was reportedly driving northbound on Route 98 when his 2004 Mercedes-Benz convertible left the east shoulder. The car struck a ditch in a driveway culvert and overturned, coming to rest facing south.

No other people were involved in the accident.

Stupp was cited for DWI, unsafe lane change, speeding and refusal to submit to a breath test.