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A motor-vehicle accident is reported in the area of 1964 Broadway, Darien.

There are wires down with reports of power outages in the area.

A semi-truck and possibly a pickup truck are involved.

Unknown injuries.

A first responder on scene says the pole is sheared off and traffic lights are down.

Traffic is being shut down.

UPDATE 2:15 a.m.: It's a single pickup accident. The tractor-trailer clipped the lines as it was coming through, according to a law enforcement officer on scene.

UPDATE 2:20 a.m.: A fire hydrant was also sheared off. An area stone quarry delivering crushed rock needs to be notified that its trucks will need to find an alternate route for the time being due to the train derailment in Attica.

UPDATE 2:27 a.m.: DOT being notified that Route 20 will be closed for a few hours.

UPDATE 2:46 a.m.: There's a broken pole on Route 238 with a transformer on it. National Grid reports fewer than five customers affected by the power outage.

UPDATE 3 a.m.: Darien ambulance is transporting a patient to UMMC ECMC.

UPDATE 8:42 a.m.: Fire services went back in service about 6 a.m. Route 20 remains closed. Roadblocks now covered by deputies.

UPDATE 8:52 a.m.: Route 20 is reopened.

UPDATE: Carter S. Dale, of Attica, has been identified by the Sheriff's Office as the driver of the pickup truck. He has been charged with DWI, moving from lane unsafely and not wearing a seatbelt. According to the Sheriff's Office, Carter was driving a Ford F-250 that went off the north shoulder of the roadway and struck a utility pole, street light pole, and a street sign, before coming to rest. A tractor-trailer traveling through the area at the time snagged low-hanging wires. The accident was investigated by Deputy Ryan Young, Sgt. John Baiocco, and Deputy Jeremy McClellan. Assisting with the scene were Darien fire and Alexander fire, the State Police, National Grid, Monroe County Water Authority, DOT and gas and cable companies. 

Reader submitted photo.

Information from Music Theatre International and Batavia High School:

"Into the Woods" is an epic fairytale about wishes, family and the choices we make. It will be performed by the Batavia High School Production Club next month.

Book author James Lapine and Stephen Sondheim, who wrote the music and lyrics, take favorite storybook characters created by The Brothers Grimm and bring them together for a timeless, yet relevant, piece...and a rare modern classic. The Tony Award-winning book and score are both enchanting and touching.

The story follows a Baker and his wife, who wish to have a child; Cinderella, who wishes to attend the King's Festival; and Jack, who wishes his cow would give milk. When the Baker and his wife learn that they cannot have a child because of a Witch's curse, the two set off on a journey to break the curse. Everyone's wish is granted, but the consequences of their actions return to haunt them later with disastrous results.

One of Sondheim's most popular works, "Into the Woods" is a musically sophisticated show with the opportunity to feature actors adept at dark comedy. Designers will especially enjoy highlighting the fantastical elements of this magical word.

The production was originally directed on Broadway by author Lapine and Jonathan Tunick created the orchestrations.

The BHS performances are 7:30 p.m. Friday, March 2 and Saturday, March 3, with a matinee performance at 2 p.m. on Sunday, March 4.

Tickets at the door are $10 for adults; $8 for students and seniors. Presale tickets are $8 for adults and $6 students and seniors. They are available at the high school's main office, 260 State St. in the City of Batavia.

Press release:

After a successful inaugural season in 2017, Batavia Girls Fastpitch Softball, also known as the Batavia Stingers, is excited to announce that they will be hosting a registration day from 10 a.m. to 2 p.m. Saturday, Feb. 17, at Dick's Sporting Goods in Batavia.

The store is located in the Towne Center at Batavia mall on Veterans Memorial Drive.

Sign-ups will be for teams in the 10u, 12u and 15u divisions. (Sign-ups will be held alongside those for Batavia Minor League Baseball.)

Registration is open to girls who live in the City or Town of Batavia or who attend school in Batavia.

Board members and coaches will be present to answer questions. The registration fee of $75 is not due until April 1.

The 10u and 12u teams begin practice in April, with games beginning in May. The 15u season will begin in June and games will be held from July to the beginning of August.

If you are unable to attend this registration event, please email bataviagfs@gmail.com or visit the league's Facebook page (Batavia Girls Fastpitch Softball) in order to download a registration form.

Batavia Girls Fastpitch Softball welcomes players of all skill levels, including those who are new to the sport.

If you have any questions, please feel free to contact Coach Stan Kaus at 370-9861.

Coach Stan Kaus

Batavia Girls Fastpitch Softball

P.O. Box 209

Batavia NY 14020

A deal that capped the prison term for Marlek Holmes at 25 years and saved the county the expense of another trial almost came apart after Holmes appeared to renege on the agreement.

As part of the deal, Holmes had to agree to drop an appeal related to his conviction on sexual assault, and everybody -- District Attorney Lawrence Friedman, Defense Attorney Fred Rarick, appeals attorney Timothy Murphy, and Holmes himself -- all signed the document Murphy was supposed to send to the appeals court informing the justices that the appeal was dropped.

Then Holmes wrote Murphy and said he changed his mind.

Today, Holmes was transported from Auburn, where he is serving his sentence, to Batavia, and after meeting with Rarick and Murphy for 30 minutes, agreed to stick by his original agreement to drop the appeal.

Friedman said he wanted to make clear on the record, however, that there is little to prevent Holmes from just changing his mind again later, and creating an endless loop of back-and-forth over the case.

If Holmes does back out of the deal again, Friedman said as far as he's concerned, there won't be a second chance. He will make motions to proceed with a trial on the charges against Holmes that he failed to register a change of address as a convicted sex offender in 2016. He would also want to proceed with a hearing on whether Holmes is a persistent violent felony offender, which would expose Holmes to a potentially harsher prison sentence on his conviction of assault on fellow inmates at the Genesee County Jail.

Zambito indicated he would be inclined to entertain those motions if Holmes again changed his mind.

In determining how to sentence 17-year-old Isaac Abrams of Basom, Judge Charles Zambito said there conflicting viewpoints to consider.

As a 17-year-old, in a couple of years under recent reforms in New York criminal law, Abrams would perhaps be considered a juvenile and wouldn't even appear in County Court and would be presumed to be not responsible for his actions. 

However, Abrams admitted to serious offenses that could have led to the loss of life and in just five short months has established a pattern of repeated offenses and disregard for authority.

Zambito said he's concerned about the direction Abrams seems to have chosen for his life recently.

In December, Abrams entered guilty pleas to making a terrorist threat, a Class D felony, and reckless endangerment in the first degree, also a Class D felony. The charges stem from incidents where he threatened to kill Sheriff's deputies during a confrontation on the Tonawanda Indian Reservation and appeared to try and run over pedestrians at a fast food restaurant in Batavia.

"I understand you have a child and that is important to you," Zambito said. "But if you continue on this path, you won't see your child again, if you even survive."

Zambito sentenced Abrams to one-and-a-third to four years in prison followed by parole until he's 21.

Abrams was granted youthful offender status, which will expunge his record once he's an adult if he stays out trouble. 

He said the sentence, he felt, balanced protecting the community, serving justice, and won't prevent Abrams from living life as a productive member of society once he's out of the criminal justice system.

First Assistant District Attorney Melissa Cianfrini argued against granting Abrams Y.O. status. She said he has engaged in increasingly violent acts, shown a disregard for authority and human life, and violated his release under supervision contract numerous times.

"He's a high risk to the community," Cianfrini said. "Look at his statements. He seriously minimizes his conduct. He said that he gave people something to talk about at dinner. This is not somebody expressing remorse."

Defense Attorney Vanessa Guite suggested that Zambito take into account his age and the fact that before this rash of incidents started, he had no criminal charges in his life.

"To a certain degree his actions are the result of immaturity and the role alcohol played in his conduct," Guite said. "His criminal history started only five months ago. There are many people with worse histories walking the streets right now."

She said from her viewpoint, the prosecution was trying to make Abrams out as the worst criminal in history, which she said she understood was the prosecution's job, and she suggested that Cianfrini overstated the weight Zambito should give to the RUS violations.

"Their recommendation is for substantial prison time for what amounts to using marijuana and staying out late," Guite said.

After Guite's remarks to Zambito, Abrams had his turn to make a statement on his behalf. After a whispered exchange with his attorney, Abrams said, "I'm sorry for my actions."

Batavia's St. Paul Lutheran Church will cap off a week that has focused the nation's attention once again on the tragedy of mass shootings by hosting a special countywide training event tomorrow at its Washington Avenue church.

The Genesee County Sheriff's Office was invited to present training in CRASE -- Civilian Response to Active Shooter Events. Starting at 10 a.m. Saturday, congregation leaders will learn how to prepare and respond to an active shooter situation, should one occur at their respective houses of worship.

St. Paul Pastor Allen Werk, who has also served as the Sheriff's Office chaplain for about five years, attended national training in order to return to his community and in turn help train others. It is useful for schools, congregations and businesses alike -- open places that may be easily accessed by someone intending to harm people.

"This training affords congregation leaders the opportunity to come together to talk about ideas they may want to implement in their own churches should the unthinkable occur," Werk said in a press release. "We pray this will help all our churches be better prepared if the inconceivable happens."

CRASE Training addresses individual responses as well as group preparations. It has been developed in partnership with Texas State University and is funded in part by the U.S. Department of Justice.

Werk says the cornerstones are ADD -- Avoid / Deny / Defend. Participants are taught to quickly recognize a threat and to take evasive action by getting away swiftly or rapidly taking steps to deny access to a shooter, then defending lives in any way necessary.

"The training teaches you what happens, what to expect in an active shooter situation," Werk said, adding that it is beneficial in getting larger groups to think about this, to be aware of the potential, and what steps to take in response.

For example, the leaders of a congregation may want to limit access to worship services to one or two entryways, effectively funneling the foot traffic. They may consider the benefit of having greeters and ushers who are trained to keep an eye on who's coming and going in the building throughout the service; noticing and greeting a person -- a signal they have been seen -- in itself could be a deterrent in some cases, the pastor noted.

Taking cues from how others are responding in a public space is important.

"If you see something that could be a danger -- step up -- make the congregation aware, help provide safety," Werk said.

Asked if certain individuals should be armed, like a security detail, to counter an active shooter, Werk said that is not part of CRASE Training; and although it's widely argued that "a good guy with a gun" is what you want to have when a bad guy is wielding a firearm, Werk said that is something the organization itself must decide.

"We are pleased to assist Pastor Werk in educating congregation leaders on the appropriate actions to take should an active shooter situation arise," said Sheriff William A. Sheron Jr. in a press release.

Our news partner WBTA contributed to this story.

Submitted photo and press release:

Genesee Community College is pleased to announce the appointment of Lindsay A. Gerhardt as the new assistant dean of Admissions and Recruitment.

Gerhardt will be responsible for the administration of college admissions and recruitment efforts, overseeing a team of recruitment specialists who travel extensively across the Genesee, Livingston, Orleans and Wyoming County region, as well as to Rochester, Buffalo, Syracuse, New York City area, and occasionally internationally. 

Gerhardt comes to GCC after 11 years of service at SUNY Geneseo in progressively more demanding admissions roles, culminating as the associate director. She served on numerous committees at Geneseo, among them: President's Commission on Diversity and Community; Enrollment Marketing Strategy Team, Equity Scorecard; and the Scholarship Committee. She also worked Alfred University as an admissions counselor, where she was recognized as the #1 Recruiter in 2005-2006.

"Lindsay is a solid addition to our already fantastic Admissions and Recruitment team," said Virginia (Ginny) Taylor, Ph.D., vice president of Student and Enrollment Services. "Her professional experience and obvious dedication to student success aligns perfectly with our student success coaching model and with GCC's student-centered philosophy to higher education."

Gerhardt first cultivated her love of education during her four years as a teacher in Rochester. Since 2007, she has been very involved in the New York State Transfer and Articulation Association -- a nonprofit professional organization dedicated to the promotion and mobility of transfer students in higher education. She has served as a member of the NYSTAA executive board, newsletter committee and annual conference co-chair. In 2014, she received the New York State Transfer and Articulation Association Distinguished Service Award.

Gerhardt earned her M.S. Ed. in Literary Education from Nazareth College of Rochester in 2006, and her Bachelor of Arts in Education from Mercyhurst University in 2002. A Rochester native, Gerhardt currently resides in North Chili with her family.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) proposed a measure on the Assembly floor this week that would require a two-thirds vote of the house for Messages of Necessity to be accepted when issued by the governor.

“Too often, controversial measures are rushed through the legislative process in the middle of the night without adhering to the constitutionally-mandated, three-day ‘aging’ process,” Hawley said. “This is the people’s government and they have a right to know what bills are being passed with a high level of transparency.”

Legislation is usually subject to an “aging” period of three days before it can be voted on. However, Messages of Necessity are issued by the governor to forgo this process and rush a vote on important and/or controversial legislation, as was done with the SAFE Act.

“Messages of Necessity rob the public of the right to know what’s in a bill as was the case when the unconstitutional SAFE Act was rammed through the Legislature leaving many lawmakers no time to actually read the legislation that was to be voted upon,” Hawley continued.

“I am disappointed that this and over a dozen other common-sense ethics reforms were voted down by New York City Democrats. Our citizens deserve better.”

Assemblyman Hawley represents the 139^th District, which consists of Genesee, Orleans and parts of Monroe County. For more information, please visit Assemblyman Hawley’s Official Website.

An Erie County construction worker will spend weekends in the Genesee County Jail for the next four months, starting tonight, for defrauding a Batavia resident on a contracting job.

Matthew B. Hardesty, 24, of Blasdell, was originally charged with fourth-degree grand larceny. He was allowed to plead guilty to a misdemeanor charge after paying restitution to the victim, who hired him to construct a fence at his residence on Narramore Drive.

According to court proceedings this morning, Hardesty is facing a similar complaint in Buffalo.

Before sentencing, Hardesty apologized for his actions and said it was the result of being a young and inexperienced businessman; that he had taken on a contract that was too big and had a payout too far in advance, and rather than notify customers of his difficulties, he didn't respond to their complaints.

After becoming embroiled in financial difficulties, Hardesty gave up his contracting business and went to work for another construction contractor.

District Attorney Lawrence Friedman rarely responds to the statements defendants make at their sentencing, but this morning he stood up and said he was going to make a rare response.

"He's a scam artist," Friedman said. "He's trying to con the court now."  

Friedman said Hardesty already got a substantial break on his potential sentence by being allowed to plead guilty to a misdemeanor and didn't deserve any further consideration because he was clearly trying to scam people.

Judge Charles Zambito agreed. He said considering the length that his victim had to go to in order to get his money back indicates Hardesty was trying to evade paying back the money. It was only after he was facing potential jail time that he made restitution.

"The message needs to be clear to the public that you can't do this kind of thing here," Zambito said. "When you start a business, you take on a responsibility. You take on a burden. You can't take people's hard-earned money and just walk away with it."

Leah R. Wimmer is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Sept. 17 at the Rite Aid store on Prospect Avenue in the Village of Attica, Genesee County, that she knowingly possessed stolen property -- a Visa debit card belonging to another person. In count two, she is accused of second-degree forgery, a Class D felony. It is alleged in count two that Wimmer falsely signed two debit/credit card receipts in the name of the victim, one for $186.95 and another for $105.95.

Beau T. Bressler is indicted for the crime of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a Class D felony. It is alleged that on Oct. 29 in the Town of Le Roy that Bressler drove a 2006 Pontiac on West Main Street (Route 5) while his ability to do so was impaired by the combined influence of drugs or  of alcohol and any drug or drugs. In count two, the defendant is accused of circumvention of an interlock device, a Class A misdemeanor. It is alleged in count two that on Oct. 29, while subject to a court-ordered ignition interlock device, Bressler drove the Pontiac, which was not equipped with an ignition interlock device. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while knowing or having reason to know that his driving privilege was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count three that Bressler was operating the vehicle while under the influence of alcohol or a drug at the time.

Two art shows opened at GO ART! on Thursday night -- "Where Do I Go From Here?" a ceramics exhibit by Shirley Nigro, and "The Kite Boy,"  an acrylic exhibit by Alex Segovia.

Nigro is the owner of Fire Up Ceramics on Ellicott Street in Batavia. 

Her ceramic work is nothing like most people might associate with the word -- figurines and knickknacks to scatter around the home. Her work is complex and imaginative but still leaning heavily on realism.

The exhibit is a good demonstration of how ceramics can be used to create art.

Segovia is originally from El Salvador and now resides in Avon. He started painting three years ago after watching a documentary about Vincent Van Gogh. His work reflects that post-impressionistic style, though he says he's moving more toward abstract expressionism. The bright colors recall Henri Matisse or fauvism.

Both shows run through April 7. 

Press release:

Genesee/Orleans Council on Alcoholism and Substance Abuse Foundation will award two $1,000 scholarships, one to a Genesee County student and one to an Orleans County student. 

GCASA Foundation supports the work of GCASA and other nonprofit organizations in Genesee and Orleans counties. Several organizations have received mini-grants to help sustain the crucial work they do in our community.

Now, individuals pursuing a degree in health sciences or human services can apply for scholarship money that will help them pay for college.

The board of directors of both GCASA and GCASA Foundation are committed to providing quality services. Educated, skilled employees and board members are the necessary for effective service delivery.

GCASA Foundation Board President Brian Paris states, “GCASA is excited to once again be providing scholarship funding to Genesee and Orleans County residents. We are dedicated to supporting our mission and this creates a strong alignment in this regard. It is our goal to produce positive community change and we understand this begins with the commitment and education of future generations.”

Individuals whose primary residence is in Orleans or Genesee County and who have been accepted at an accredited college in an eligible program such as social work, nursing, health science or human services are encouraged to apply. 

Scholarship criteria and applications are available in high school counseling offices throughout both counties and online by visiting www.gcasa.net.

After six days missing, an Alexander farmer today spotted Blue, the English pointer we reported missing over the weekend.

Christina said the farmer called today with the good news he had found Blue.

"We are happy to say he is home now," she said. "We are grateful to have him home safe."

Alexander volunteer firefighters along with the hazmat team for Genesee County Emergency Services and with the county's emergency management coordinators responded to a train derailment in the Town of Attica today.

The accident was in the area of Route 238 and reported at 4:05 p.m.

Emergency Management Coordinator Tim Yaeger said the accident was in a pretty inaccessible location in Wyoming County and because of that, an engine fire was being allowed to burn itself out. There was no hazmat concern other than the diesel fuel of the engine. The hazmat team set up booms to contain any potential fuel.

As a precaution, the City of Batavia was contacted to temporarily close the water intake from the Tonawanda Creek.

Eleven cars derailed along with two engines from the Norfolk Southern line.

Two crew members self-extricated and were transported to an area hospital. They suffered non-life-threatening injuries, Yaeger said.

Town of Batavia fire responded to Alexander's hall as a fill-in.

UPDATE 8:14 p.m. (By Billie): All Genesee County responders are clearing the scene. Federal, state and local officials involved at the scene will remain for now. Heavy equipment will be forthcoming to remove some train cars so that Route 238 and Main Road in Attica can be reopened. Train crossing sites should be reopened by 10 o'clock tonight. The diesel fuel is allowed to continue to burn.

UPDATE: Press release from the Wyoming County Sheriff's Office:

On Feb. 15,  at 4:03 p.m. hours, the Communications Division at the Wyoming County Sheriff’s Office received a 9-1-1 call of a train derailment near the East Main Road intersection in the Town of Attica.

The Attica Fire Department responded to the scene. Attica Fire Chief Jay Myers reports, “two engines and approximately 10 railroad cars derailed of the Norfolk Southern Railroad. The railroad cars were carrying new cars as cargo.” 

Chief Myers also stated there were two railroad personnel on the engine who were injured. They were taken to Erie County Medical Center. 

“The lead engine is on fire and in coordination with the Norfolk Southern, the engine will remain burning, primarily due to the difficult location of the derailment,” Myers said. 

Wyoming County Emergency Services Director Anthony Santoro is on scene, coordinating efforts from the federal, state, local and railroad resources.

Wyoming County Sheriff Gregory Rudolph says “an initial investigation was conducted and we are turning over our investigation to the Norfolk South Railroad Police and the Federal Railroad Administration and a cause has not yet been determined.” 

Director Santoro says, “the mutual-aid resources that responded and assisted were the: Alexander Fire Department, Varysburg Fire Department, Bennington Fire Department, Wyoming County Emergency Services and Hazmat Team, Genesee County Emergency Services and Hazmat Team, the New York State Police, the Attica Fire Department and Wyoming Correctional Facility.” 

Norfolk Southern personnel are on scene and making efforts to clear the Route 238 and East Main Road intersections with an estimated time of 10 p.m. The long-term cleanup of the damaged engines and railcars will be days.

Photos: Reader submitted photos.

This past summer, Batavia resident Mike Fiorella was diagnosed with Lou Gehrig’s Disease, a fast-progressing neurodegenerative disease with no cure.

His stepdaughter, Colleen Kemp said everyone knows him because he was a “help to the golf pros” at Terry Hills in Batavia until his recent retirement.

“Everybody knows him and knows how active he was and what a great sense of humor he has,” Kemp said. “He’s a big jokester, and has kept that in him.”

Amyotrophic lateral sclerosis (ALS) affects nerve cells in the brain and spinal cord, slowly taking away the ability to walk, speak, swallow and eventually breathe.  

Kemp said Fiorella has progressed enough that he is losing his ability to walk and his speech has been effected.

The lifespan is usually one to three years after diagnosis.

“It’s a terrible disease,” Kemp said. “And there is no cure, so there is no hope. It’s not like cancer where you get chemo and possibly have a cure. There is no cure.”

Fiorella went to DENT Neurological Institute, in Buffalo, the only place at the time that had a new drug that came out, Radicava. Fiorella was one of the few approved to receive the drug. Radicava costs $149,000 a year, with insurance only covering part of the cost. He will need to be on the drug for the rest of his life, which will hopefully slow down the progression of the disease.

“They’re draining their savings account to get the drug,” Kemp said. “We’re asking all family and friends to help us raise these funds.”

Fiorella is currently using a walker, but Kemp said he will soon need an electric wheelchair, which will cost around $20,000.

“They already put a $5,000 ramp in the house,” Kemp said. “The next step is to get handicap bathrooms.”

Kemp said dealing with it mentally and knowing that he is going to pass away is bad enough, but adding the financial burden makes it so much worse.

“The cost with this disease is astronomical,” Kemp said. “The deterioration is so fast and you can’t just go to the hospital.”

Kemp started a Go Fund Me page located here to assist with the costs.

“There are so many different aspects and costs, and this is his life,” Kemp said. “It’s financially draining.”

I've gotten a lot of positive feedback on this photo since 2013 when I made it.

Today, when I drove out to Pavilion, I discovered the barns have been demolished. A local business owner told me they came down last week.

Press release:

New York State Senator Michael H. Ranzenhofer has announced his support today for a broad-based 2018 Jobs and Opportunity Agenda. The plan focuses on regulatory and economic development reforms, as well as comprehensive tax relief, to help make New York more competitive and foster job growth.

“Families, individuals, homeowners, seniors, veterans, local leaders, small businesses and manufacturers continue to tell me that New York’s overly burdensome regulatory practices and high taxes hinder job creation. The Jobs and Opportunity Agenda will help to make the state more competitive and business-friendly. Enacting this plan will create jobs and opportunities for all of our residents and jumpstart our state and local economies,” Ranzenhofer said.

According to the State Department of Labor, in 2017, the Rochester area lost 3,500 jobs, while the Buffalo-Niagara region lost 4,600 jobs. The entire state lost a total of 500 jobs, for the period December 2016 through the end of last year.

The Jobs and Opportunity Agenda includes:

Cutting Tax Rates on Small Businesses:

• New Tax Relief for Businesses -- $495 million: Reduce the amount small businesses and farms must pay in taxes by increasing the corporate tax threshold from $390,000 to $500,000 and lowering the rate to 2.5 percent. The proposal also expands the small business exemption to all businesses filing the personal income tax regardless of whether they have employees; increases the threshold to $500,000; and increases the exemption to 15 percent (additional 5 percent for farmers).
• Tax Relief to Boost Manufacturing -- $90 million: This proposal would extend the zero percent Corporate Franchise Tax parity to all manufacturers in New York regardless of how they are organized. Currently, only approximately 25 percent of manufacturers – those organized as C corps – can receive the zero percent rate on business income.
• Reduce Energy Taxes -- $280 million: Eliminate the 2-percent Gross Receipts Tax on utility bills, ($190 million) and terminate the 18A assessment tax ($90 million).
• Create STAR for Small Businesses - $275 million: Allow real property owned by a small business (100 or less employees) to be eligible for the STAR property tax savings program.

Reducing Red Tape and Overregulation: 

• Prevent Regulatory Steamrolling: Curtail state agency overuse of the emergency regulation process to ensure it is only used when necessary to protect public health and safety. This proposal also includes allowing the Administrative Regulations Review Commission to delay the adoption of new rules by 90 days. This will help when businesses raise concerns about possible rulemaking inconsistencies with statutory authority or legislative intent, or could potentially burden taxpayers or local governments.
• Improve the State Rulemaking Process: Reform the regulatory, licensing, and permitting processes to make them easier to understand, more responsive to businesses’ concerns, increase transparency, improve consistency, and reduce overly burdensome or unnecessary requirements.
• Remove Speedbumps to Development: Create a new statutory “Fast-Track” process for certain economic development projects.
• Advocate for Small Businesses: Make the state an advocate, not an adversary, by creating a small business liaison to help startups navigate the state agency bureaucracy. The advocate would hear concerns, advocate within an agency on behalf of small businesses, and increase education of and outreach to entrepreneurs.

Revamping Economic Development Programs: Several of New York’s economic development programs and strategies are not producing the results that taxpayers expect and lack the transparency needed to help the state be more fair and competitive: 

Shut down START-UP NY: The Governor’s program has failed to produce the job-creating results that were promised. This proposal would stop the state from accepting new applications for the program at the end of 2018.

Improve Transparency with a Database of Deals: Ensure greater transparency and accountability in state contracting by creating a searchable database of all state subsidy and economic development benefits so that individuals, businesses, and public officials can monitor how taxpayer dollars are spent.

Promote Additional Oversight: Create an Independent Oversight Panel for all large public work projects and state procurements of $50 million or more.

Strengthen In-School Training Programs: Expand and make permanent the P-Tech School Programs that prepare thousands of New York students for highly-skilled jobs in technology, manufacturing, healthcare and finance.

Promote Practical Skills and Experiences: Allow academic credit for high school students who participate in internships and other practical experiences and encourage schools to promote apprenticeship participation.

Use Better Metrics: Enhance outreach, education, and reporting by the state Department of Labor on employment and training programs.

Last summer's concert series is one of many reasons Batavia Downs has been able to grow revenue and remain competitive in a saturated gaming market, said Henry Wojtaszek, president of Western OTB, and Mike Nolan, CEO, today at a press conference announcing an eight-show lineup for this season.

"We offer a lot of different things," Nolan said. "We have our own little niche here."

Wojtaszek said the key is offering options for customers and when you get them in the door, treating them right.

"That includes entertainment, it includes better food, it includes a cigar lounge, and frankly, just provide the best customer service," Wojtaszek said. "We like to think that’s why we’re growing. That’s what we like to concentrate on. Our focus is on providing excellent customer service."

The eight shows announced for this summer:

• Eddie Money, June 22
• Grand Funk Railroad, June 29
• Blue Oyster Cult, July 6
• Rik Emmett of the Band Triumph along with Carl Dixon of Coney Hatch, July 13
• Rumours, a Fleetwood Mac Tribute, July 20th
• Puddle of Mudd, July 27
• Three Dog Night, Aug. 3
• Lee Ann Womack, Aug. 10.

Wojtaszek said the concert series went so well last year that Batavia Downs would like to add more shows, but one step at a time.

He also said Batavia Downs will be working with the City and the Town to accommodate larger crowds. Last year, attendance was about 4,000 and this year the casino would like to attract 5,000 to 6,000 fans to the shows.

The concentration on classic rock and country is a conscious effort to bring in shows more appealing to older music fans, Wojtaszek said.

"They are the patrons coming into Batavia Downs and we wanted to provide them with the entertainment they’re looking for at a reasonable cost," Wojtaszek said.

Tickets for the shows will be $10 each.

Batavia Downs is hosting several other events this year sure to bring people from throughout the region to Genesee County.

There will be professional wrestling Feb. 24, a Whiskyfest in June, a Mixed Martial Arts event during the summer, plus Batavia Downs is in the midst of a $4 million capital improvement project that includes opening a cigar lounge, expanding 34 Rush sports bar, Fortune's Restaurant, and the conference center.

"There’s a lot of demand to have things here and it’s amazing to see the response we get to the events we do have," Wojtaszek said. "It’s a perfect location, right between Buffalo and Rochester and we're even getting people here from as far as Syracuse."

Bonnie Ames saw the empty restaurant building on Ellicott Street Road near Shepard Road and knew it was the place for her.

"I saw the building was empty and when I walked in it reminded me of a place when I was very little, and I said, 'oh, my God, I've got to do it.' "

Ames, with daughter Amy Goodenow, has opened the Route 63 Diner in Batavia. 

She said it's just a traditional diner with good American food.

She's undaunted by the fact four other restaurant owners have tried to make it at the same location in the past few years.

She said the reason she's optimistic is she's met a lot of wonderful people during her first four weeks in business and they all seem to appreciate a good home-cooked meal.

"They're wonderful," she said. "I feel that with the way they feel about the food, they are coming back. It's a great location. I think our attitude, and good food, is what's going to make it."