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November 29, 2017 - 4:42pm
posted by Billie Owens in news, Ascension Parish, Holidays, christmas bazaar, batavia.

Press release:

We are happy to announce that Ascension Parish in Batavia is hosting a Christmas Bazaar to be held from 10 a.m. to 3 p.m. on Saturday, Dec. 2, at 17 Sumner St. in the Community Hall.

This event will feature Mrs. Claus’s Café, Visits with St. Nicholas, Used Book Sale, Basket Raffle and Placek Sale.

In addition there will be children games including snowman bowling, jingle boxes, treasure chest and many more. There will be more than 25 vendors just in time for holiday shopping including Perfectly Posh, Tastefully Simple, Chiselwood, along with handmade items for sale. Each vendor will have a door prize to give away to a lucky winner.

Admission and parking are free.

November 29, 2017 - 4:36pm

Volunteers for Animals will benefit from your participation in Photos with Santa at PETCO in Batavia.

The nonprofit organization that helps homeless animals at the Genesee County Animal Shelter will get 100-percent of the proceeds from the event, which will be held from 1 to 4 p.m. on Saturday, Dec. 2 and 16.

PETCO is located in Town Plaza at Batavia on Veterans Memorial Drive.

This is a "fully digital experience" and your photo will be emailed to you and ready to share within minutes.

Cost is $9.95 -- a donation that will help local pets find homes this holiday season.

Join the Volunteers for Animals and Santa this Saturday or on Dec. 16 at PETCO and help our furry friends.

November 29, 2017 - 4:15pm
posted by Billie Owens in news, batavia announcements, leaf collection.

Press release:

City leaf collection crews are in their fifth time around the city this final week of leaf collection.

Any city resident who has leaves to be picked up is encouraged to get their leaves out to the parkway near the curb by Friday, Dec. 1.

Any resident who has leaves can also bring them to the yard waste station on Law Street through Dec. 9, after which the station will close for the season. It is open until then from 11 a.m. to 5 p.m. Monday through Saturday.

Important Information About Leaf Collection:

  • Leaf piles must be clear of sticks and other debris;
  • Grass clippings, flower pottings, branches, and pumpkins cannot be picked up and residents are encouraged to bring those items to the Yard Waste Station on Law Street;
  • Leaves should not block traffic;
  • Leaves should not be piled near intersection corners. This causes sight issues for motorists/bicyclists/pedestrians;
  • Keep leaf piles clear of drainage ways and catch basins. Blocked drainage leads to localized flooding;
  • Leaves should not be piled around mail boxes, power poles, fences, fire hydrants or other obstacles;
  • Do not park on leaf piles. The heat from a vehicle exhaust system could start a fire;
  • Do not wait to get your leaves out. The city will normally collect leaves twice within the month of leaf collection;
  • If it is snowing, the city plows first. If it continues to snow, then leaf operations will be suspended;
  • There is no leaf pickup in the spring.
November 29, 2017 - 4:10pm
posted by Howard B. Owens in crime, batavia, news, notify.
       Marcos Torres

A suspected drug dealer from Batavia was stopped by a deputy today on suspicion of driving on a suspended license and at the time of the stop he was allegedly smoking marijuana with a child in the car.

Marcos A. Torres, 35, of South Main Street, now not only faces drug dealing charges but also charges of unlawful possession of marijuana, endangering the welfare of a child, and aggravated unlicensed operation, 3rd.

When Torres was stopped by Deputy Ryan DeLong, he was already wanted on a sealed grand jury indictment on two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Torres is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions in the past four months.

Torres was jailed without bail.

November 29, 2017 - 4:01pm
posted by Howard B. Owens in crime, Le Roy, batavia, news, notify.
       Timothy Lee

Timothy O. "Cricket"  Lee, 37, of Erie Street, Le Roy, is charged with criminal possession of a controlled substance, 3rd, criminal possession of marijuana, 4th, criminally using drug paraphernalia, 2nd, and endangering the welfare of a child. Lee was arrested as a result of a Local Drug Task Force investigation into the possession, transportation and sale of cocaine in and around the Village of Le Roy. The task force executed a search warrant on his residence and allegedly found cocaine, marijuana, drug paraphernalia and cash. He was jailed on $15,000 bail, $30,000 bond.

Andrew Kevin Wright, 27, of Prune Street, Batavia, is charged with attempted assault, 3rd, six counts of endangering the welfare of a child, criminal obstruction of breathing, and obstructing governmental administration. Wright allegedly struck a female and choked a juvenile male in the presence of five other juveniles during an altercation reported at 11:03 p.m. Sunday on Prune Street, Batavia. Wright was jailed on $2,500 bail or $5,000 bond.

Michelle L. Misiak, 52, of Fisher Parkway, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge.

A 16-year-old resident of Oak Street is charged with endangering the welfare of a child and harassment, 2nd. The youth was arrested after Batavia PD responded at 8:10 p.m. Tuesday to a report of a large group of people fighting on Highland Park, Batavia.

Elizabeth Ann Finnin, 48, of South Swan Street, Batavia, is charged with harassment, 2nd. Finnin allegedly punched another woman in the face. Also charged, Michelle Misiak, 52, of Fisher Parkway. Misiak is accused of fighting with another woman. The incident was reported at 3 p.m. Tuesday.

Katelyn C. Kubala, 28, of Meadow Lane, Attica, was arrested on a warrant for alleged failure to pay a fine.

Stephen P. Durham, 20, of Chestnut Street, Batavia, is charged with unlawful possession of marijuana. Durham was charged following a traffic stop at 8:55 p.m. Monday on Cone Street, Batavia, by Officer Christopher Lindsay.

November 29, 2017 - 3:36pm
posted by Howard B. Owens in crime, accident, news, bergen.

A 46-year-old Bergen man has been charged with driving while ability impaired by drugs after the truck he was driving yesterday was struck by a train near Buffalo Street Road.

Donald R. Read reportedly fell asleep while behind the wheel of his 2000 Ford F250.

The truck traveled off the north shoulder of the road, down an embankment, and across the south side and north side tracks of the CSX line.

It came to rest near the north-side tracks.

An eastbound train on the north side tracks struck the rear of the pickup truck. The accident was reported at 6:50 p.m.

Both Read and his passenger, Frank L. Morrison, had gotten out of the truck before it was struck.

Even so, Morrison suffered minor injuries and was transported by the Bergen Volunteer Ambulance to Unity Hospital in Rochester.

Read was also charged with moving from lane unsafely, unlawful possession of marijuana, and trespassing. Other charges are pending.

The accident was investigated by Sgt. Jason Saile, Deputy Rachel Diehl, Deputy James Stack, and Deputy Eric Meyer. Assisting at the scene were members of the Bergen Volunteer Fire Department and personnel from CSX.

(Initial Report)

November 29, 2017 - 12:57pm
posted by Howard B. Owens in Le Roy, news, notify, abandoned properties.


It's a decade since the national home mortgage meltdown but there are still communities plagued by vacant and abandoned properties, including in Western New York, including the Town and Village of Le Roy.

There are about 20 properties in the town and village, Town Supervisor Steve Barbeau (top photo) said last night, that are at a minimum unsightly, but they also present a health and safety issue.

In many cases, if not all, the properties are banked owned and the financial institutions show little interest in dealing with the properties.

"Almost all of these properties are uninhabitable," Barbeau said. "They haven’t been inhabited for years. We’re not talking about 30 days, or 90 days, or 365 days. There are a few in here, as I eyeball it, where it’s been three or four years, most of all the rest of them have been vacant for a decade."

To help deal with the issue, the town and village of teamed up to write a new ordinance that would define vacant and abandoned properties and put some pressure on the title holders to sell the parcels, including a fee that could cost a property owner as much as $1,500 a year if the building continues to sit vacant.

Village and Town officials held a public hearing on the proposed ordinance at the Town Hall last night.

A few of the residents who turned out to speak were either skeptical about the ordinance as written or downright hostile to the idea.

The way Jason Shu has read the ordinance is that if he went on vacation for six weeks, the code enforcement officer could declare his property vacant and abandoned and he would either have to sign a waiver to allow the code enforcement officer to enter the property or pay a fine. He called the law overly broad, subject to selective enforcement, and a potential violation of his Fourth Amendment rights.

"I agree with the whole problem of abandoned property but there’s a different approach to it," Shu said. "It doesn’t seem right. It doesn’t seem fair. The selective enforcement is only going to lead to problems."

Both Barbeau and the town's attorney Reid Whiting said that isn't how the ordinance works.

First, Barbeau said, the ordinance defines temporary vacancy and seasonal use, which would cover a six-week vacation, and the 30-day clock for registering the house wouldn't begin until after a code enforcement officer determined the property appeared to be abandoned.

There are a number of criteria the officer would weigh to make that determination, such as that nobody is living in the house, it's devoid of contents, lacks utility services, is or has been subject to foreclosure, and code violations.

Properties determined "temporarily vacant" would not be required to register as vacant and abandoned.

Whiting said there is no violation of the Fourth Amendment because either the property owner voluntarily signs a waiver or the code enforcement officer would be required to get a warrant to enter the property from a judge.

Leonard Dries attacked the law as a violation of private property rights, yet another high New York tax, and accused Le Roy's elected officials of not listening to his concerns.

Because of the law, he said, which he says is a violation of property rights, the town or the village will end up getting sued.

"You're going to start doing all this stuff on these properties and you’re going to bite the wrong hand and the lawsuit is going to overwhelm you," Dries said.

At times he interrupted other speakers or tried to shout them down.

One of the properties of concern discussed during the meeting is the boarded-up residence next to the Le Roy House. Historian Lynn Belluscio said she fields constant complaints from visitors about the unsightly building.

"They come to us and want to know why Le Roy can’t deal with that property next door," she said.

Dries responded, "Then don’t look at it. Tell them not to look at it."

" I’m going to tell 10,000 people -- " Belluscio said.

"-- you don’t get 10,000 people, you don’t 100 people a day coming through. Le Roy is a dead town," Dries said.

Barbeau rose from his chair and said Dries was out of order.

"That’s what we get to live with twice a month," he said. 

"Oh listen, Stevie Bo-Bo, sit down and shut up," Dries said. "You are paid by my tax dollars. I don’t want to hear your mouth."

Barbeau managed to restore order and the meeting continued.

Belluscio said the Jell-O Museum has made four attempts to buy the abandoned property, but that bank, based in Hong Kong, won't budge on its $119,000 asking price. Belluscio said she couldn't be irresponsible with how she spends the nonprofit's money and the house isn't worth $119,000 with all of the damage. The bank doesn't want to take the loss, though, of selling it for less.

"They really don't have an incentive to sell," Belluscio said. "They sit back and wait as long as they possibly can. They don't care that the house has deteriorated."

Dealing with bank-owned properties is exactly why the new law is needed, said Mayor Greg Rogers (bottom photo), who is also a real estate agent.

"We felt some of our neighborhoods need to have some of these properties picked up and cleaned up," Rogers said. "Or at least give the owners, and a lot of times it’s banks, further incentive to try to get these back on the market and be viable properties.

"If you live in one o those neighborhoods next to an abandoned house, that becomes an issue and it becomes an issue for the street," Rogers added.

Barbeau added later, "if anybody argues that it doesn’t depress the values of properties around it, they don’t have a clue."


November 29, 2017 - 12:06pm
posted by Howard B. Owens in accident, news, Pavilion.

A two-car accident is reported at Asbury Road and Telephone Road, Pavilion.

A car is on its side and smoking.

Unknown injuries.

A third-party caller, not involved, states he hasn't seen anyone exit either vehicle.

Pavilion fire and Mercy EMS dispatched.

UPDATE 12:09 p.m.: Responders are checking the area trying to locate the accident. Dispatchers received only one call.

UPDATE 12:10 p.m.: Updated location, Route 20 near Linwood. A first responder on scene reports one occupant trapped in a vehicle.

UPDATE 12:11 p.m.: Same responder, "Apparently minor injuries."

UPDATE 12:13 p.m.: Only one vehicle involved. Only one patient.

UPDATE 12:18 p.m.: The vehicle is about 30 feet off the road on its passenger side and it was pulling a wooden trailer. It's in water. "Tell him to wear his waders. He's going to get wet," a responder says.


November 29, 2017 - 11:31am
posted by Howard B. Owens in byron-bergen, schools, education, news.


Press release:

Students at Byron-Bergen Elementary School gathered on Nov. 27 to honor the school’s Students of the Month and to learn about giving back and making a difference.

Guest speaker Holly Paramjit Sembhi, a 2014 Byron-Bergen graduate, joined in with her personal story of how one person, who was just like each of them, has found the power to help change the world.

Sembhi, now in her final year of working toward a bachelor’s degree in Biomedical Science from RIT, began her education and her love for helping people in kindergarten at Byron-Bergen Elementary. She currently works part time at Rochester General Hospital and plans to get her master’s degree as a Physician’s Assistant in Neurosurgery. She also volunteers with Global Brigades, a medical relief organization operating in Honduras.

She urged students to believe that they can each make the world more awesome, starting right now.

“It is exciting for me to come back to a place I love,” she said. “I hope that I can inspire these kids, to make them really want to help others. Maybe they will look back someday and remember this moment. I’d like to think that this might start them on their own paths to making the world a better place.”

The monthly Character Assembly also included musical numbers performed by talented students and staff members, and a discussion of what students can do in the community, from supporting homeless children and families to remembering our seniors and the elderly. Throughout the month of December, classes will participate in a range of service-learning projects that will have an impact our local and global communities.

The Students of the Month were: Peyton Alejandro, Jake Carlson, Tyler Chapman, Kendall Chase, Leah Cramer, Daniels Dawson, Robert Dix, Nixon-Riley Eichenberger, Chesney Fregoe, Harlow Galves, Lila Graff, Stella Hassett, Hunter Jarosinki, Carter Kuipers, James Lamb, Taylor Lundfelt, Amelia Meier, Parker Moore, Bradley Pocock, Colin Rea, Ava Smith, James Starowtiz, Travis Thomas, Mariah Williams and Rena Wilson.

Top photo: Principal Brian Meister congratulates one of the Students of the Month, kindergartener Nixon-Riley Eichenberger.


Visiting speaker Holly Paramjit Sembhi (2014 Byron-Bergen graduate) tells students that they don’t need to wait until they are older—every one of them can do awesome things right now.


November 28, 2017 - 9:27pm
posted by Billie Owens in fire, news, pembroke, notify.


A house fire is reported at 865 Gabbey Road, Town of Pembroke. Several callers to dispatch, including the homeowner and neighbors, report flames coming from the residence. The location is between Lyman and Marble roads.

It is four-unit apartment complex, with heavy fire on the east side and no exposures, says a first responder on scene, noting a fire hydrant is in front. All residents are out.

National Grid is called to the scene. Pembroke and Indian Falls fire departments are called along with Darien, East Pembroke, Corfu, and Town of Batavia. Alabama is asked to send a tanker to the scene and a crew to fill in at Pembroke's Fire Hall. The city's Fast Team is also responding and its second platoon is to report to city headquarters.

UPDATE 9:56 p.m.: Pembroke command: "Fire knocked down; checking for extensions."

UPDATE 10:32 p.m.: Jamie Waff, chief of Pembroke Fire District, said shortly after 9 p.m. firefighters were called to a working house fire. When he arrived on scene the east side of the four-unit apartment building was engulfed in flames, which is where the "electrical bank" was located. But the fire had not spread upstairs. All tenants were out. Firefighters quickly made a "good attack" on the structure and were able to get out three pet cats who lived there. They knocked down the blaze and Waff said "very minimal damage" was done inside and minimal damage was sustained in the attack. Waff said, including stand-in and fill-in units, 10 fire companies responded. One tenant was not home at the time the fire broke out, but all residents will be displaced by the fire tonight. The county's Emergency Management Office is handling the situation. "The guys did an excellent job doing a knockdown on the second floor, pulling the ceilings down," Waff said.









November 28, 2017 - 8:15pm
posted by Billie Owens in crime, batavia, news.

A group of about 30 people are reportedly fighting outside at 16 Highland Park. Unknown if weapons are involved. Dispatch has received mutliple calls about it. City police are responding. Three people are detained on Central Avenue.

UPDATE 8:29 p.m.: Backup law enforcement is requested to respond to Central Avenue in response to the public fight that occurred in the area.

UPDATE 8:31 p.m.: Three units that were called were subsequently told to disregard.

November 28, 2017 - 6:58pm
posted by Billie Owens in bergen, accidents, news.

A man inside a feed store in Bergen is complaining of rib pain after what he says was a train vs. pickup truck accident. It occurred on Buffalo Street near Route 19. Bergen fire and medics are responding.

UPDATE 7 p.m.: "I have located the vehicle; checking on it now," says a first responder.

UPDATE 7:03 p.m.: "The truck is not on the railroad track; it's just east," says a first repsonder.

November 28, 2017 - 4:23pm
posted by Howard B. Owens in Genesee Chorale, arts, music, news, batavia.


The Genesee Chorale performs "Christmas Memories" this Saturday and Monday in Batavia and Medina.

The program includes some new, some old and some old favorites with a new twist, sung by approximately 70 singers under the direction of Ric Jones and with accompaniment by Doug Hanson.

Concerts are at 7 p.m. Dec. 2 at St. James Episcopal Church, 405 E. Main St., Batavia, and at 7 p.m. Dec. 4 at First Presbyterian Church, 522 S. Main St., Medina.

Tickets are $8 presale, available from Chorale members or online at

Photos by Howard Owens from Monday's rehearsal at St. James.







November 28, 2017 - 3:47pm
posted by Billie Owens in news, batavia, crime, Grand Jury, notify, Stafford, Darien, pembroke.

Eddie L. Miles Jr. is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on May 18 in the City of Batavia that, knowing he did not have the owner's consent, he took, operated, exercised control over, rode in or otherwise used a vehicle -- a 2000 Mercury Sable. In count two, Miles is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other mandate of a court. In Special Information filed by the District Attorney, Miles is accused of having been convicted of the crime of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor. The Special Information filing says he was convicted of that on Nov. 13, 2007, in Town of Pembroke Court, which was within 10 years of the crime alleged in count one of this indictment.

Garnet R. Lyon II is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 22 in the Town of Stafford that Lyon drove a 2002 Toyota on Route 237 while knowing or having reason to know that his license to drive in New York was suspended or otherwise withdrawn by authorities. It is also alleged that he was under the influence of alcohol or a drug at the time. In count two, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly driving while intoxicated. In count three, Lyon is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time.

Bryan B. Flanagan is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 13 in the Town of Darien that Flanagan drove a 2002 Chrysler on Route 77 while in an intoxicated condition. In count two, he is accused of DWI, per se, also as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Nicholas E. Kaiser is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 13 Kaiser drove a 2017 Ford on West Main Street in the City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

November 28, 2017 - 3:10pm
posted by Howard B. Owens in STOP-DWI, news.


Press release:

The Genesee County STOP-DWI Advisory Board today sponsored its second annual STOP-DWI Awards Luncheon at Terry Hills Restaurant & Banquet Facility. Seven young people from districts in the county were honored for their commitment to the community for entering the Board’s STOP-DWI Poster Contest.

There were first-, second- and third-place winners in two grade categories, 6-8 and 9-12, as well as a Computer Generated Art Winner and a Grand Prize Winner. Additionally, the luncheon recognized four Top Cop Awards and a Coordinator’s Award.

The following young people were recognized for their STOP-DWI poster submissions: 6-8th grade winners -- Grace Shepard, Abby Root and Kendall Phillips. The 9th-12th grade winner was Summer Jeschke-Dean.

The Computer Generated Art winners were Isabella Biviano and Taylor Hutton. The Grand Prize Winner, whose artwork will appear on a billboard in Genesee County in December and January, is Zoey Shepard, a seventh-grader from Byron Bergen Central School.

Batavia Police Officers Chard Richards and Arick Perkins and Genesee County Sheriff Deputies Ryan DeLong and Eric Meyer received the Top Cop Award for going above and beyond with DWI arrests during a 12-month time period. They were also being honored for their dedication to keeping our community safe.

Genesee County Sheriff‘s Chief Deputy Gordon Dibble received the Coordinator’s Award for his outstanding commitment to our community for the last 42 years.


November 28, 2017 - 2:01pm
posted by Howard B. Owens in crime, batavia, news.

Press release:

Batavia Police were made aware of a Craigslist scam in which the scammer reportedly has a house for rent. The residence is actually for sale by a realty company and is not for rent.

As of the time of this release, police have not had any reports of citizens falling victim to this scam. The Batavia Police Department is releasing this information to make citizens aware of the scam and to prevent anyone from being victimized by this fraud.

November 28, 2017 - 10:50am
posted by Howard B. Owens in crime, batavia, news, notify.
        Adner Davila

It appears that a 62-year-old man accused of dealing drugs in Batavia is dead but County Court Judge Charles Zambito said he needs to see proof.

Proceedings in the case of Adner Davila were adjourned until 9:45 a.m., Dec. 11, giving Attorney Michael Locicero time to locate a death certificate for his client.

Locicero told Zambito he's spoken with two sisters of Davila and they said their brother died Nov. 20. Locicero doesn't know where his client died, though Davila was supposed to be confined to his residence in Batavia while awaiting further court proceedings. He does believe Davila's body was transported by a funeral home in Rochester to Brooklyn.

Davila was arrested in early September and charged with: charged with two counts of criminal sale of a controlled substance, 3rd; five counts of criminal possession of a controlled substance, 3rd; one count of criminal possession of a controlled substance, 7th; and one count of criminally using drug paraphernalia.


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