Press release: 

September is Pediatric cancer Awareness Month and the Michael Napoleone Memorial Foundation is hosting  2 events to raise funds and awareness for this devastating disease. Pediatric Cancer is the number one cause of  disease-related death in children.  Forty-six children a day are diagnosed with cancer and 40,000 children undergo cancer treatment each year. There is so much to be done and so many families in need of assistance.

The Michael Napoleone Memorial Foundation is hosting a 5k Run /Walk for the Gold on September 27th @ 9am in Leroy, NY , registration begins at 8am.  The race begins at the Tennis Courts on Wolcott St.  $25/per participant. Go to active.com to register or to www.michaelshope.org for  mail-in registration. First 100 runners get a free T-shirt.

The Foundation is also raffling a  “DINNER FOR TEN”, which is a 5 course gourmet dinner for 10 people served in a private setting with limo service (50 mile travel radius). This is a one-of-a-kind raffle  and  is an amazing prize to win!! Winner can select a mutually agreed upon date for the dinner.  Tickets are $20/each or 3/$50. Call 585-409-3276 or 585-409-3275 for more information or if you need tickets dropped off. Go to www.michaelshope.org to see previous   winners.

Support Pediatric Cancer Awareness Month by supporting the Michael Napoleone Memorial Foundation.  Your assistance helps us “Lend a Hand of Hope” to families, to research efforts, and to youth in our community.

The 2nd Annual Yuengs & Wings Fest will be held from 5 to 9 p.m., Saturday at T.F. Brown’s.

This event is sponsored by: Big Pauly’s Pizza, T.F. Brown’s, Main St. Pizza Company & Batavia’s Original Pizzeria.

Admission is $10 the day of the event. You'll get 3 signature wings from each of the participating vendors. Half of the admission price will be donated to a local charity. 

The accomplice in a home invasion burglary on Park Avenue on Jan. 22 -- a burglary that included the use of a handgun -- will spend the next five years in prison Judge Robert C. Noonan ruled today.

Nathaniel Davis, 18, has no prior serious criminal record and Noonan acknowledged that his testimony in the trial of Akeem Simmons probably helped put the much more experienced criminal away for 20 years.

Simmons was convicted of burglary 1st in August and sentenced last week.

Davis entered a guilty plea to a reduced charge of burglary 2nd immediately after Simmons was convicted.

District Attorney Lawrence Friedman denies there was any deal with Davis to secure his testimony in the Simmons trial, but both Noonan and Public Defender Jerry Ader cited his forthright testimony as a reason for a sentence less harsh than the one given to Simmons.

Ader said he didn't want to minimize the seriousness of his client's conduct Jan. 22, but "he was threatened if he testified and knew he was facing a state sentence, but he testified anyway," Ader said. "I can't say for sure it was a linchpin in swaying the jury, but I think it was helpful. I think he came across as believable and honest, so I do think it was helpful to the prosecution in getting a conviction."

As part of the plea deal with Davis, Friedman agreed not to speak at the sentencing.

Noonan said he understands there may be some public concern over the 15 years difference in the sentence, but besides the criminal history and the testimony, Noonan said there's no doubt in his mind that Simmons was the primary mover in the decision to burglarize a house in Batavia.

Noonan expressed skepticism at the contention by Davis that he felt trapped into participating in the crime over fear of retaliation from Davis.

"You haven't had a particularly productive life," Noonan said.  "You had some difficulties that perhaps contributed to that lack of productivity, but you haven't shown any willingness to be productive and be a mainstream citizen that I can see."

Davis must also pay $4,040 in restitution.  Because there was no request for restitution from Davis before he was sentenced, the entire four grand is on Davis.

The Genesee County Local Drug Enforcement Task Force concluded an investigation into the sale and possession of heroin in and around the City of Batavia with the arrest of an Oakfield man this afternoon.

Tyler P. Schroeder, 22, of Lewiston Rd., Oakfield, has been charged with two counts of criminal sale of a controlled substance 3rd  and one count of criminal possession of a controlled substance 3rd, both class B felonies.

Schroeder was picked up by law enforcement this afternoon at the Batavia bus stop on Park road as he exited a bus. Schroeder allegedly sold quantities of heroin to an agent of the Genesee County local Drug Task Force.

He was arraigned in Genesee County Court and jailed without bail.

Schroeder will re-appear in County Court tomorrow at 1:30 p.m.

Press Release

This Saturday, September 27, the Drug Enforcement Administration (DEA) and almost 4,000 of its national, tribal, and community law enforcement partners will hold the ninth National Prescription Drug Take-Back Day.

Americans can take their expired, unneeded, or unwanted prescription drugs to one of over 5,200 collection sites across the country between 10 a.m. and 2 p.m. local time. The service is free and anonymous, no questions asked.
 

Local drug take back agencies and locations include:

Pembroke Town Hall Rt. 5 at Rt. 77 Pembroke, NY – received by Genesee County Sheriff’s Deputies

Batavia Police Department Headquarters, 10 W. Main St. Batavia, NY – received by Batavia Police Officers

LeRoy Police Department Headquarters, 3 W. Main St. LeRoy, NY – received by LeRoy Police Officers
 

Only pills and other solids, like patches, can be brought to the collection sites—liquids and needles or other sharps will not be accepted.

Unused medications in homes create a public health and safety concern, because they can be accidentally ingested, stolen, misused, and abused.

While the number of Americans who currently abuse prescription drugs dropped in 2013 to 6.5 million from 6.8 million in 2012, that is still more than double the number of those using heroin, cocaine, and hallucinogens like LSD and Ecstasy combined, according to the 2013 National Survey on Drug Use and Health.

In addition, 22,134 Americans died in 2011 from overdoses of prescription medications, including 16,651 from narcotic painkillers, says the Centers for Disease Control and Prevention.

Celebrate our 20th anniversary with us! Come and visit us at our open house being held on Saturday Sept 27th from 10am-3pm. We'll be offering: 

hospital tour
s, coupons
, free samples, raffles
, door prizes
, and lunch. For more information on State Street Animal Hospital, click here.

A two car accident at Oak and West Main street with injuries has been reported.

Several ambulances have been called to the scene to check out at least seven people with minor injuries.

Two people are being transported to UMMC with neck injuries.

UPDATE: 2:15 p.m.  According to Batavia Police, an SUV headed west on Rt. 5 with seven people inside was t-boned by a car going south on Oak street.

The two vehicles collided in the middle of the intersection. The driver of the car was not injured.

Three out of seven people in the SUV were transported to UMMC with minor neck and back injuries.

A business deep inside the Batavia Industrial Center/Harvester Center on Harvester Avenue was broken into some time over night.

The original dispatch said there was quite a mess made inside the business.

The burglar gained access by breaking a window on the south side of the building that was tucked behind an old rail tanker.

It's yet to be determined what, if anything, was stolen, said Det. Todd Crossett (pictured taking a DNA swab on the broken window).

The break in remains under investigation.

This monarch uses its proboscis to probe goldenrod for nectar. While not as numerous as in years past, the monarch butterfly still lends color and grace as it flits about the meadow.

A twelve spot skimmer takes five

Its getting to be the time of year when the tansy leaf aster rivals the goldenrod for dominant color

A leopard frog does its best to remain concealed as it moves about the meadow grass.

A red tail hawk surveys the meadow from a favorite perch......

the red tail is the apex predator during the day shift in and around this neck of the woods.  After the sun sets its another story.........

Once darkness falls there are three characters vying for top dog: the coyote, the great horned owl and, as of late, at least one fisher has been making its presence known in the vicinity of the meadow......

Though I doubt any of them have this guy high on their menu. But lets give this  little stinker some credit - he's very good at digging up destroying yellow jacket nests!

City fire is being dispatched a location on East Main Street, East Avenue near Ross Street, to investigate a report of a window being broken and gasoline being poured inside the residence.

The incident occurred at 6 a.m., but is just now being reported.

UPDATE 10:32 a.m.: A residence at 15 East Ave., Batavia, had three windows broken on the Columbia Avenue side of the structure.

Gasoline was poured into the windows and onto the ground outside.

Three people live at the residence. 

The incident occurred about 6 a.m., and residents heard the glass breaking but didn't get out of bed to investigate, according to authorities.

A police officer said it's likely the perpetrator is somebody who knows one or more of the people who live at the residence.

Photo: A firefighter uses a meter to collect fume readings from a window sill.

Keith Olbermann: Derek Jeter Isn't The Greatest Player Ever

Route 19 in the area of Wolcott Street was closed this morning following a tractor trailer accident at 2:30 a.m. that involved three parked cars and a utility pole.

There were no injuries.

The road should reopen soon, though it is closed at the moment.

UPDATE: 2:17 p.m.  Rt. 19 has been re-opened.

Photos courtesy the Le Roy Fire Department.

Officials in Oakfield today held a ribbon cutting ceremony for the new water tower serving both the village and the town.

The $3.5 million project was eight years in the making. The community replaced a 99-year-old, 125,000 gallon tank.

Building the tank was partially financed through federal grants. A bond covers $2.6 million of the expense.

The new tank holds 500,000 gallon of water.

Through use of a block grant, will soon have a new water use measurement system in place. Rather than meter readers, each water user will have a radio-read system installed from a company called Sensus that will allow instant reading of water usage, including reports, if needed, on hour-by-hour usage.  Officials will have instant access to customer usage if a customer has questions about their account.

Pictured above: Jeremy Delyser, from Clark Patterson Lee, Joyce Grazioplene, retired clerk, Rick Pastecki, former mayor, Assemblyman Steve Hawley, and Legislator (and former mayor), Ray Cianfrini.  (Note: Several more people participated in the actual ribbon cutting, but my photos from the ribbon cutting are unusable. My old, cheap wide angle lens didn't focus properly).

Assemblyman Steve Hawley checks out the interior of the new water tower.

Mayor Jason Armbrewster sent along this video taken with a camera mounted on a drone of the new tower.

It was a beautiful day, I think you'll all agree. Here's a tree and the sun on Drake Street Road, Oakfield.

Crews are repairing the rail beds at Dublin Road, Jerico Road, Beaver Meadow Road in Bergen. The crossing have been closed this week. A supervisor on Dublin Road said today that he was trying to finish up that crossing ASAP and he expected to have all of the crossings opened by Friday.

Jacquetta Simmons appeared in Genesee County Court this afternoon on the matter of restitution for her victim, Grace Suozzi, a Walmart cashier who suffered fractured facial bones and other injuries following a Christmas Eve confrontation in the store in 2011.

The upshot is the same money Simmons had been ordered to pay in February -- $100 a month -- is the same amount she will have to pony up on the 26th of every month, beginning Friday, until the restitution of $2,000 is paid.

Her attorney at the time, Earl Keys, had argued that she was not able to make the payments because she'd just been released from jail for her crime and had been unable to find work.

The judge set another restitution hearing and asked for documentation about her efforts to find employment. There's been no progress as far as Noonan could determine.

Nothing much has changed, only months have passed.

Ann Nichols, who had also been one of the attorneys representing her at trial, was with her today and told the judge she had only met with her client on the matter yesterday, and just today was provided with a list of local places where her client has applied for jobs.

(Simmons is now married but her husband's income won't factor in much. His gross earnings are $793 a month.)

Suozzi has yet to see a penny, as far as Noonan knows.

"This victim is entitled to be paid restitution," Noonan said, "and all we've gotten so far are excuses, missed court appearances, and no restitution."

Nichols said one issue that has delayed matters is an appeal of the Jan. 13 restitution order of $100 monthly by Simmons's parents. That has now been withdrawn, and they "will be able to pay $100 as soon as Friday," the attorney said.

"We are moving toward paying restitution," Nichols said.

It was also noted that a payment of $100 was supposedly made in February, and maybe a second such payment, but no receipts were offered.

Noonan said he has no knowledge of any payments being made, but if the money was indeed received by the County Probation Department there will be a record of it and the sum(s) will be deducted from the total owed.

Simmons went to court last month by herself and had only a piece of notebook paper with some hand-written notes about her work search. Noonan told her she needed detailed, documentation of her employment search and inability to find work in order for him to decide whether to lower the amount of monthly restitution. He set another hearing for this afternoon and told her she could bring an attorney with her, or not, her choice.

Keys, it was noted, has moved to Washington State, where he is working in the State Attorney General's Office.

Fancy D. Miller, 59, homeless, of Buffalo, was arrested Sept. 22 and charged with second-degree harassment and criminal tampering, 3rd. Her arrest followed a late afternoon disturbance at Wendy's restaurant on Main Street in the City of Batavia. Miller allegedly pushed an employee and threw items in the restaurant. Following arraignment in City Court, she was jailed. The incident was investigated by Batavia PD officer Mitchell Cowen, assisted by officer Jason Ivison.

Luethal M. Tate, 54, of Dewey Avenue, Rochester, was arrested Sept. 22 and charged with criminal contempt, 2nd, petit larceny, and open container of alcohol in a motor vehicle. It is alleged that she stole a bottle of Grey Goose Vodka from a local liquor store. After Batavia PD located the suspect vehicle, Tate was allegedly seen consuming beer out of a plastic Thermos-style container which was on her lap. Tate was allegedly sitting in the rear passenger seat next to a protected party for whom a complete stay away order had been issued against Tate in the City of Rochester. Tate was jailed in lieu of $2,500. The incident was investigated by Batavia PD officer Jamie Givens, assisted by officer Nedim Catovic.

Robert W. Plantiko Jr., 39, of 18 Thorpe St., Batavia, was arrested Sept. 19 on a Batavia City Court bench warrant issued for failing to appear on a charge of petit larceny stemming from an incdient Aug. 9. He was arrested at his residence and put in jail. The matter was investigated by Batavia PD officer Frank Klimjack, assisted by officer Eric Foels.

The Chamber of Commerce hosted its annual ag tour this morning, starting with a visit to BCA Ag Technologies in Oakfield (that visit was co-hosted by Z&M Ag and Turf).

During the first visit, tour participants learned about all the high-tech ways farmers more precisely and efficiently put seeds in the ground, using GPS and computer-programed seeding mechanisms.

After BCA, the group moved onto the Cargill facility in Batavia, which produces nutrients for dairy cattle throughout the Northeast, and finally they visited M&M Meats to learn about beef processing.

"For those of who are involved in it, it's pretty easy to lose track of and forget how big ag is and the fact that it is the number-one industry in the county, so it's great to get the folks who make decisions and impact what we do to understand what we do," said Keith Conway, chairman of the chamber's ag committee and store manager for Z&M in Oakfield.

Benjamin Flansburg, BCA.

Keith Conway

The list of problems with the current Batavia PD headquarters is long, but the price of doing anything about it is huge.

In the best case scenario, the city will need to spend $10 million on a solution.

Unless, of course, the option selected involves putting head in sand and hoping for the best. That option costs next to nothing, unless of course, the city is sued over some of the potential problems with the existing facility, or disaster strikes.

That's the summary of what members of the City Council heard Monday night from a group of consultants hired to create a police facilities feasibility study.

The consultants were Dominic Calgi, Calgi Construction; John Pepper, Rebanks, Pepper, Littlewood Architects; and, John Brice, Geddis Architects.

Their job -- work with city administration on evaluating three possible scenarios:

• Construct a new police headquarters from the ground up;
• Create a new police headquarters using an existing building;
• Renovate the existing headquarters at 10 W. Main St.

Monday, they presented scenarios for three new-build locations, a scenario for constructing a building with some shared space with the Sheriff's Office on Park Road, and two options for renovating 10 W. Main.

The most expensive option was an extensive rehabilitation and renovation of 10 W. Main, which could cost as much as $17 million. For $10 million, it might be possible to build a new headquarters on Park Road, but there are also a lot of unknown variables that could drive the cost up.

The first step in this process, if it moves forward, is for the City Council to appoint a community task force to study the options presented by the consultants and make a recommendation.

City Manager Jason Molino recommended a task force competely devoid of elected officials, city staff members or members of the law enforcement community. Instead, he recommended citizens from each ward, the school district and UMMC. (Clarification: also, business owners.)

His goal, he said, was to keep it non-political and help assure the public that nobody in the city was pushing a specific agenda.

Council members balked at the recommendation and instead appointed a subcommittee to study the proposed make up of the task force and come back to the full council with a recommendation.  

The council will discuss the proposal again Oct. 14 and if it decides to move forward with a task force, appoint it at its November business meeting.

That would give the city a month to advertise for participants and recommend a slate of task force members.

What are the problems with the existing headquarters, which is occupying space built in 1855 as a rich family's residence and was later used as City Hall?

• The building entrance is not secure, neither for police nor the public, nor arrestees;
• Interview rooms and holding cells are not isolated nor secure;
• Storage of weapons and gear is insufficient;
• Building egress is inadequate and not code complaint, and egress for patrol cars is insufficient;
• There is no separate entrance for youthful offenders, which violates state code;
• Building is not compliant with the Americans with Disabilities Act, which means even basic improvements such as upgrading the HVAC system can't take place (unless the city wants to ignore the ADA).
• Building infrastructure is outdated and in need of replacement (HVAC, water, plumbing, electricity);
• Hazardous materials exist;
• Installation of modern technology requires major renovation (again, triggering ADA compliance issues).

A renovation of the facility would be expensive, not just because of the remodeling expense, but it would also need to be expanded.

The option that would give the department the most space (top photo), with a garage and sally port for prisoner transport at ground level, would cost from $15 million to $17 million.

A less robust option, with a raised garage and sally port, would cost from $11 million to $12 million. For that price, the city could build at one of four other identified locations.

"When renovating an existing structure, it's never going to be good at meeting program requirements as new construction," Brice said. 

During the reconstruction project, the headquarters would need to find a temporary home. One location suggested is the former Robert Morris School.

56 Ellicott St.

This location is the former Santy Tire's location with existing businesses still using a portion of the building. Essentially, it's at the corner of Ellicott and Jackson, but the parcel would be expanded to stretch as far back as Evans Street.

Pros for the site include easy access to Downtown and it would be all new construction. The cons include potential environment issues. It's in a flood zone, so the building pad and parking lots would need to be elevated two feet, and it would compete with economic development plans for Ellicott Street.

The potential cost: $11.1 million to $11.9 million.

96-98 Jackson St.
The current Salvation Army location.

Pros, again, easy access to Downtown. Cons include the purchase price and existing structure torn down, and it's still in a flood zone.

The potential cost: $11.6 million to $12.5 million

165 Evans St., Batavia
The property is next to Falleti Ice Arena.

Pros include the fact the city already owns much of the property.

The cons include, again, the flood area issue, and it's somewhat of a constricted lot for access. Chief Shawn Heubusch pointed out that it would increase emergency vehicle traffic in front of the ice area and it's somewhat removed from Downtown.

The potential cost: $11.4 million to $12.3 million.

Park Road

City Manager Jason Molino said this option, as part of the study, was looked at very seriously, but the idea isn't without problems.

There is less overlap between police functions with the Sheriff's Office than one might assume. For one thing, since the police patrol the city, Heubusch said, they do their reports and interview subjects at the station; whereas, deputies typically do all of their interviews and paperwork in the field.  

The Sheriff's Office doesn't have enough space to share locker rooms, and separate locker rooms would make a shared briefing room less practical. The departments can't share storage because of the need to protect chain-of-custody on criminal evidence.

"It's possible with a lot more thought and investigation between the two units, you could increase the amount of shared space, but it's not built that way now," Brice said. "You might save some space by finding ways to share space, but you wind up renovating more."

The potential cost: $9.9 million to $10.6 million, but maybe more after further study.

For the full study, click here.