Just a photo to show the progress of the Wiss Hotel demolition.
Another news service in Batavia published an editorial supporting tax incentives for a retail plaza.
http://thedailynewsonline.com/opinion/article_89f5b4b4-a5f6-11e2-a613-0019bb2963f4.html
I sent them this letter. I want to thank them and I want to share it here as well.
Thank You Howard & Billie Owens for this open, public forum.
Regarding your April 16, 2013 Editorial: The Arguments for Tax Incentives, I as a founding member of the Genesee County Libertarian Committee, respond.
Sorry, editor, but the basis of your argument for tax incentives is flawed right from the onset. The only reason the former Lowe's location is empty now is because it probably never should have been built in the first place. Certainly the developer should never have received incentives to help them do it. Not to mention the ludicrously laughable notion of calling a shopping plaza a tourist destination. The Batavia Towne Center is a classic example of over-development. Communities all across New York State desperate to improve their economies continue to waggle tax incentives at large retail chain stores in the mistaken belief that there will be future sales tax income and jobs. The reality, unfortunately, is usually a bit different. The jobs are typically entry-level, non skilled and part time with low pay and high turnover. The actual sales don't result in a net bottom line increase for a community - they're sales that would have been captured by another retailer, but now at a lower price thereby actually generating less sales tax revenue for the community while the business profits leave town. Lowe's leaving shows that Batavia is already over-developed, and you admit in your editorial that it never lived up to it's expectations. Neither will Dick's in my opinion. It's fine if Dick's and whoever else will be sharing the space want to take the risk, then I'll wish them good luck. It's the American way: if you take the risk, you should reap the rewards. I do not, however feel the taxpayers should be sharing in this risk. That to me is precisely what COR Development is asking us to do, they took the risk (albeit with our help) and it didn't work out, predictably. Now they want the taxpayers to mitigate their loss. Sorry, you can't have it both ways guys.
Your argument that the local companies, such as Adam Miller and Genesee Lumber have survived in the face of big box retailers may have some merit. Yes, Dick's will never match the service of a homegrown Batavia sporting goods store, and maybe they will all survive, but at what cost? Just because they did not immediately close doesn't mean they have been doing well all this time. How do we know that if demand had increased, one of those companies could not have expanded, or a new local start-up would have come along? The answer is we don't know and we never will as long as incentives are continued to be offered to large chain retailers. It's true that the land where The Batavia Towne Center sits was under utilized and producing much less revenue before the plaza was built, but it's also true that we will never know what might have been there instead. What we can predict is Lowe's will not be the last empty store in that plaza. COR themselves have admitted in your paper that they ask for these types of incentives routinely. Will we have to ante up again in a few years?
If the county wants to help spur retail activity, then they can instead spread the million dollars that would otherwise be designated for COR evenly among all retail businesses in Genesee County, including the ones at Batavia Towne Center, to use as the owners see fit. One of the base libertarian principles is that people know best what to do with the fruits of their labor, not government and certainly not an unelected, semi-private-sort-of-public entity which appears to lead the County Legislature around by the nose. However, I would be against that as well, even though it would be better, because we will never get property taxes and government reined in if we continue to allow the GCEDC to choose who gets to pay less and who should keep on shouldering the rest of the load. Government costs keep rising, the population keeps shrinking and there is no magic powder. We can make Genesee County prosperous again, but we have to think differently, we can't keep trying the same tired old failed practices of the past. According to Stacy Mitchell, a senior researcher with the Institute for Local Self-Reliance and the author of “Big-Box Swindle”: “…between 1990 and 2005, the amount of retail space per capita in the U.S. doubled, from 19 to 38 square feet. In contrast ............. since the early 1990s, per capita retail spending, adjusted for inflation, has increased by only about 14 percent.” (Site www.ilsr.org/wp-content/uploads/files/msnarticle.pdf ) It appears to me that Batavia is a microcosm of this oversupply that has occurred around the state, and actually we are running about 8 years behind.
Let's take the lead instead, let's continue to find ways we can reduce government through privatization where feasible. It has worked with the ambulance service, it will work for the city's trash collection and it can work in other areas as well. Let's find functions that can be consolidated or eliminated completely. Ultimately, the goal should be a lower and lower tax burden on everyone in Genesee County. We can't control the state and federal taxes, but we can whittle away at our property and sales tax. If Genesee County has the lowest property tax rate and the lowest sales tax rate of our surrounding counties, what might that do for Economic Development, organically? We wouldn't need an EDC, and we wouldn't have to endure the chairperson of our county legislature making us a joke by declaring a shopping plaza a tourist destination.
Malign Libertarians if you must editor, but we are the ones who truly have a vision for the future of ALL Genesee County residents, and we are the ones who are advocating for freedom.
David Olsen, Vice Chairperson, Genesee County Libertarian Committee
Meet Dave. Dave is an employee of Waste Management, tasked with walking every residential street in Batavia to hang door hangers promoting the company's garbage collection service.
Starting June 1, city residents will be responsible for contracting with their own refuse and recycling company.
Besides Genesee ARC, local companies such as Gardner Disposal and PSI (and a third one that will announce its new business soon), are competing for customers.
Asked if WM will offer totes, Dave said only if enough customers sign up for WM's service.
Dave's worked nearly the entire city since Saturday by himself, with just some help on Saturday and Monday. He had only two more blocks to visit when we spoke.
The best estimate John Pontillo has received so far for repair of the former Pontillo's Pizza location in Le Roy is $33,000.
The building was damaged Aug. 6 when it was struck by a car owned by Marie Costa.
Costa's insurance company is apparently denying a claim for damage to the building under something known as the "emergency doctrine."
In New York and other states, a person is not liable for injury or damage in an accident if a person is "faced with a sudden and unexpected circumstance, not of their own making, that leaves them with little or no time for reflection."
What exactly happened that caused Costa's vehicle to careen over a curb and ram into the Pontillo's building seems to still be a matter of medical dispute, but from John Pontillo's interpretation of what he's been told by Costa's insurance company, she died prior to the accident so the company isn't responsible for any claims.
Costa was insuranced by Adirondack Insurance.
The way Pontillo sees it, Costa was driving the vehicle before any sort of medical condition arose -- if one did -- and therefore Adirondack should pay up.
"Like others have said, she is the one who put the car in motion and there was damage done before the car finally came to a rest," Pontillo said.
When Costa's car hit the building, it dislodged a large limestone brick from the archway by the front door. The repair will require extensive safety measures to keep other stones from cracking or falling.
Meanwhile, Pontillo has foreclosed on the property, claiming substantial debts to himself from the Elizabeth Pontillo estate. The property will go up for auction, but Pontillo fears with the damage it won't even sell.
The more the building sells for, the more of the estate's debts (which Pontillo said are substantial to himself and others) can be paid.
If the building doesn't sell, John Pontillo is stuck with a heavily damaged building that he can't use without repairs.
He's thought in the past of opening another pizzeria at the location, but with the damaged building, that isn't possible.
The condition of the building is also a major concern to the village, according to Mayor Greg Rogers.
Pontillo said Adirondack has refused to pay Le Roy for damage to a planter and signs. Rogers said he isn't even thinking about that claim.
"I would much rather worry about getting that building back in shape," Rogers said.
The village is working with its insurance company, Tompkins, to try and resolve the dispute.
One option for Pontillo would be to sue the estate of Costa. He doesn't really want to do that to her family, but such a suit might force Costa's family to sue Adirondack. He's hoping the family will put pressure on Adirondack to settle with Pontillo. He suspects -- though can't prove -- that Adirondack paid the family for a claim on Costa's car.
We requested a statement from Adirondack on the case but have yet to hear back from the company.
Press release:
The Batavia Business Improvement District will hold its annual meeting and awards luncheon on Friday, April 26, from noon to 1:30 p.m. (registration is at 11:45 a.m.) at the City Church Generation Center, 15 Center St. in Downtown Batavia.
The agenda will include a review of the B.I.D.’s accomplishments and the announcement of the newly elected members to the Board of Directors.
The “Downtown Spirit” Business Awards are to be presented to: Michael DelPlato & Peter Casey of DelPlato & Casey Law Office, Howard Owens of The Batavian, and Harry Wortzman of Wortzman Furniture.
The “Downtown Spirit” Volunteer Awards are to be presented to: James Isaac (Crossroads Abstract), serving as B.I.D. vice-president and on the Organization Committee and Michael Marsh (Edward Jones Financial), serving on the BID Promotion / Taste of the Holidays committees.
Guest Speaker: Patrick Finan, Founder & Principal of Block Club (Buffalo-based branding and marketing agency). His topic will be: Downtowns and the Importance of Building Strong, Local, Living Economies.” Patrick business was named "The Third Fastest Growing Company In WNY" and he's the youngest recipient of Business First 40 Under 40 Aaward.
All B.I.D. members and area business are invited. A special buffet will be served at T.F. Brown’s. Price is $15 per person. RSVP and payment by Monday, April 22. To make reservations contact Don Burkel, B.I.D. Director, at 344-0900 or e-mail at dburkel@downtownbataviany.com.
The county's 22-year-old emergency communication system is antiquated and flawed, according to Sheriff Gary Maha, which is why the county receiving more than $7 million in grants to help pay for a new system is a welcome turn of events.
The county has wanted to upgrade the system for a few years, but the project is expensive.
In all, between the grants and a $4.2 million county bond, more than $10.8 million will be spent on the new system.
"The low-band paging system is antiquated," Maha said. "I don't know if you ever listen to some of these monitors that the firemen are carrying, but you can hardly hear them at times, especially on the outskirts of the county. We've been working on it for years and finally we got a revenue source through the state and NextTel to put toward this project."
The state grant of more than $5 million is coming through the Department of Homeland Security and the FCC is requiring NexTel to help pay for rebanding of 800 MHz systems where their communication system conflicts with emergency communication systems.
Still, the county will need to borrow $4.2 million to pay for the entire system.
"We've been working with a system for the last 22 years where we have limited coverage," said Steve Sharpe, director of emergency communications. "What we're trying to do is capitalize on the reconfiguration and the grant, combining all these funding resources together to build out a system that meets our public safety needs for our responders in the field.
"That's the end goal because this isn't just about the 800 MHz; it's also about VHF high band paging. We're trying to build a more reliable paging network for our responders, especially our fire and EMS folks. At the end of the day it's about life safety."
On Wednesday, the Ways and Means Committee passed a series of resolutions that authorize the county to proceed with the upgrades, from accepting the grants, to issuing the bands and approving a contract with Harris Corporation, out of Rochester, to build the new system.
A key factor behind the availability of Homeland Security funds for the project is the push to build a nationwide 800 Mhz channel that all responders can share regardless of jurisdiction or agency in an emergency.
Use of the inter-operable channel in Western New York is being held up, at least in part, by Genesee County, because the county is using the 800 MHz band specified for the channel.
This project will move that portion of the county's emergency communication off that band to another band.
Part of the upgrade project is to build three new radio antenna towers in the county.
There are three now: Cedar Street (pictured), Pavilion and Pembroke.
The Sheriff's Office is looking at potential new locations in Darien, Bergen and Alabama.
All of these changes of course, will effect the hundreds of county residents who regularly monitor scanner channels.
Residents with analog scanners will need to buy new scanners and have them programmed to the correct channels.
Public use of scanners is a benefit to local law enforcement, Maha said, and the new system's ability to encrypt transmissions will be used only when necessary.
"We will have encryption available, but it's not our intent to be on encryption all the time," Maha said. "There may be times when we need to go on encryption, but people out there who have scanners will be able to continue listening to the day-to-day activities."
People with scanners, Maha said, help solve crimes.
"We're few and far between out there," Maha said. "We need all the eyes we can possibly have. If we have a bank robbery, we put that information out over the air so some citizen down the road may see the vehicle we want and can call 9-1-1. It's a benefit to us to have the people out there watching. They're our eyes and ears out there."
Pembroke native Rich Funke, who started his broadcast career at WBTA, will receive a lifetime achievement award from St. John Fisher College.
The award is named after Jack Palvino, a member of the university's first graduating class who became well known in Rochester media.
The award ceremony is this evening.
Funke's broadcast career in Rochester and Batavia spans 40 years.
His first big assignment in broadcast news was covering the Attica prison riot for WBTA.
(via WHEC)
A recent study released yesterday by Genesee Community College finds that the college has about a $169.1 million impact on the local economy.
Kjell Christophersen, Ph.D., president and founder of EMSI, discussed the study yesterday at GCC and said regional spending by former students, the college and out-of-the-area students adds positive growth to Genesee County's economy.
“Things are good. Things are very good," Christophersen said. "The impacts have actually grown since the last time we worked here (about 2 ½ years ago) and it's attributable to a more efficient allocation of resources."
Christophersen said that in his experience about 60 to 70 percent of students at community colleges stay in the region.
“If you move up the education ladder from one level to another level," he said, "you earn a lot more, and therefore, pay a lot more in taxes. It behooves the citizens of a particular county to continue to support the college because of the fact that they are getting a more educated workforce coming back to reside in the region and pay more in taxes.”
(via WBTA)
Village of Corfu officials have been notified that five part-time police officers are considering a lawsuit against the village over an alleged violation of civil service law.
Some of the village's part-time officers have been upset that Police Administrator Jim Meiers is not scheduling them for work shifts while scheduling other part-time officers for more than 19.5 hours of work a week.
The officers who have retained legal representation are in what is known as "competitive" positions, meaning they took exams and went through the civil service hiring process. The officers reportedly receiving more work hours were hired on a "non-competitive" basis.
A letter to Mayor Ralph Peterson and village board from attorney Andrew P. Fleming of the Hamburg-based law firm Chiacchia and Fleming, states the village is on notice of a possible suit and should explore whether it is interested in pursuing a settlement.
"We believe that you and the Village Board are familiar with the factual basis for the complaints that our clients have made," the letter states. "In essence, your so-called police administrator, James Meier, has been running roughshod over the rights of our clients in retaliation for their having raised a number of concerns and for their stated intentions of forming a union."
Represented by Fleming are Gene Nati, Richard Retzlaff, Peter Scanio, Michael Okal and Simon Biegasiewicz.
The letter also alleged that one of the clients was threatened because of his political activity.
Fleming also claims that back pay is owed to his clients, without specifying the amount of back pay being sought.
"We urge you and the Board to take a proactive approach to trying to resolve the problems that have arisen in your Police Department," Fleming writes. "It is my opinion that things are out of control, but that sound leadership can restore some semblance of balance in the future."
The board is holding a public hearing at 6:30 p.m. to discuss the village's proposed budget.
A high wind watch has been issued for Friday afternoon through Friday evening with gusts up to 60 mph expected.
The forecast is for thunderstorms, with temperatures hitting 70 by 10 a.m. and then dropping to 45 degrees throughout the day.
Sustained winds are expected to blow southwest at 25 to 35 mph during the watch period.
The National Weather Service warns of scattered power outages and some downed trees with minor property damage possible.
Michael J. Penvose set out to Dollar General in Le Roy on Saturday with a simple mission: buy a thermometer that might give him an accurate reading of his infant daughter's temperature.
She had received a vaccination shot and the doctor told Penvose her temperature might creep up. It might even hit 100, but if it hit 100.1 he should call for help or bring her into the hospital.
"We were taking her temp with a thermometer we got from the hospital," Penvose said. "It was saying 99.6, 99.8. I've got it all written down in the house. Then I put it in my mouth and checked my temperature and it said 97.9 and my girlfriend's was different. I panicked. I'd been up all night with her and we're short on money. I went down to Dollar General and I was a few dollars short. I kind of panicked."
What Penvose, 33, did next landed him in The Batavian's "Law and Order" column for Monday. He was charged with petit larceny. It also led to a phone call to The Batavian from Penvose's landlord with "the rest of the story."
Yes, Penvose stole a thermometer, but he also received a bit of charity from an unexpected source: A Le Roy police officer.
Officer Emily Clark purchased that thermometer and gave it to Penvose as he was released from custody and told him to go home and take care of his daughter.
"I told him when I gave it to him that it wasn't that I condoned the fact that he stole it, certainly," Clark said. "And it wasn't condoning that he wasn't very cooperative with Officer Robb, it's just that I can appreciate having a sick child at home and just the situation he's in. How do you not have sympathy for somebody who can't afford something for a child that's a necessity?"
Penvose is originally from Angola and he and his fiance have lived in Le Roy for two months. He said he's had his "fair share" of brushes with the law over the years, but he feels like in the past six months things have been turning around for him, even as he struggles to find a job locally.
There's a sign on the couple's door instructing visitors to remove their shoes before entering and their infant daughter was cute as a bug and dressed a snug jumpsuit when a reporter dropped by unexpectedly.
The big issue with finding a job, said Penvose (he said he can "do anything" -- construction, including roofing and siding, and even build cars) is that he doesn't have a car. Every contractor he's applied with for a job -- 33 in all, he said -- has demanded he have a car.
That issue may be settled by now. The couple was planning on trying to buy a car today using a a tax refund check his finance received.
The thermometer Penvose tried to purchase was more than $7 and Penvose only had $4.50 in cash on him at the time.
"I panicked," he said. "She was burning up and I just felt something was wrong and I didn't want to take a chance."
After he left the store, Officer Daryl Robb found Penvose walking east of the Yellow Goose.
Penvose admits he wasn't entirely honest with Robb when they first spoke.
"I gave them a little line of a story because I was panicking," he said. "I just wanted to get home. I'd been taking her temperature every three hours."
Robb took Penvose back to the station and at that point Penvose opened up and told the full story.
"I just thought I should tell him exactly what the situation was," Penvose said. "Everybody in the room, it looked like, they all had tears in their eyes."
Clark left, went to the store, and paid for the thermometer, and Robb finished processing Penvose on the petit larceny charge.
"I guess if I was that situation I would want somebody to do that for me," Clark said. "We're not just cops. We're people, too. It's not part of the job, but I guess I like being able to do that as part of the job."
Making a bit of charity part of her job is something Clark has done a few times before said Chief Chris Hayward. For example, when homeless people have passed through the village, she's bought them food.
"That's the type of officer you want," Hayward said.
Clark was surprised when a reporter showed up at headquarters today asking about the incident. It's not something she expected anybody to find out about. When we first asked Hayward about it, he didn't even know Clark had helped Penvose.
Penvose is worried what the misdemeanor charge might mean for him, but he's still in disbelief that a police officer, or anybody, would help him in that situation.
"Not a lot of people out there do stuff for me and I do a lot for a lot of people," Penvose said. "I'm always a helping hand. My past has not been very good, but I'm always helping somebody. It doesn't matter what it is. If somebody needs their yard raked or (has a) flat tire, it don't matter what it is, a rainstorm, I'll pull over. When she did that for me, it was shocking. I was like wow, there are people out there who ... well, I guess it was the situation. It wasn't for me anyways. It was for my daughter."
Branding, customer service, marketing: it's all in the way you present yourself! Presented by: Patrick Finan, founder and principal of Block Club, a Buffalo-based branding and marketing agency.
Workshop Topics:
$10 for BID Members, $15 Chamber/Non BID members. RSVP and payment by Friday, April 19th.
Light refreshments will be available.
Please make checks payable to: Batavia Improvement District (BID)
B.I.D. 200 E. Main St., Suite 12, Batavia, NY 14020
(585) 344‐0900 (585) 815‐0233 fax
www.DowntownBataviaNY.com
A white-haired man estimated to be in his 70s was struck be a vehicle within the last half hour in front of Burger King on West Main Street in the city. But he got up and walked away from the scene.
City firefighters went to the location and could not find him, so they returned to quarters. City police scoured the area of Oak and Main and found him in front of Parise's Automotive & Towing. A medic was sent to check him out. Police are back in service.
UPDATE 2:49 p.m.: Mercy medics are transporting the 71-year-old pedestrian to UMMC. He was "lightly struck" by a vehicle and is complaining of left knee pain.
Batavia Middle School is in lock-down. No one is being allowed to leave or enter the buildings but law enforcement is not giving a reason just yet.
Law enforcement told WBTA's Dan Fischer that "there's nothing to be concerned about at this time."
The incident began within the last hour and four city police cars and a State Police K-9 unit responded to the Ross Street school.
UPDATE 2:27 p.m.: The students are safely inside the school. Howard is now on scene.
UPDATE 2:34 p.m.: The lock-down is over. According to Superintendent Chris Dailey, there was a verbal threat made and authorities investigated it and determined it to be unfounded. Responders are back in service.
UPDATE 2:59 p.m.: Superintendent Dailey made this statement to the media: "We contacted the police. They came in, did an assesement and we were given the all clear. Now we’re out of the lock-down. And they are following up on the verbal threat as we speak."
The lock-down lasted about 45 minutes.
"There was a verbal threat against the school. We'll have more to say when they are done with the investigation."
Asked if the tragic bombing Monday at the Boston Marathon made people all the more edgy today, he said it did.
"We're all on edge, absolutely, and looking to make sure everyone is safe, which is our number one priority. That's why we went through all the policies and procedures and made sure we followed through on everything and made sure the students were safe."
UPDATE 3:45 p.m.: Here's a press release from Police Chief Shawn Heubusch:
"At approximately 1325 hrs. the Batavia Police Deparetment responded to a 'bomb threat' at the Batavia Middle School. The threat was called into the school by an unknown person.
"Upon arrival Asst. Chief Yaeger and Sgt. Camp directed patrols to perform a cursory search of the interior and exterior of building with the assistance of Middle School staff, looking for anything suspcious. Nothing was located. The Bomb Disposal unit from the New York State Police was requested to the scene. Trooper Jackson responded and performed a more detailed search utilizing a K-9 trained in explosive detection. No device was located and the school returned to normal activity.
The Batavia Police Department is currently investigating the matter and has developed leads from the investigation.
The Batavia School District should be commended for its quick response and action taken during this event."
In addition to Yaeger and Camp and Trooper Jackson, the investigating officers are: officers Davis, Lawrence, Richards and Hill.
UPDATE 4:28 p.m.: Below is a copy of a letter that is being sent to middle school parents.
Dear Middle School Parent/Guardian,
Today the Middle School received a verbal threat to the school via the telephone. Law enforcement officials were notified immediately and the building was placed in a low level shelter in place situation until we were cleared by the authorities.
Although we cannot plan for every type of emergency that might occur, we want you to know that we have increased our surveillance, including locking the outside door of the attendance office. Please feel free to call an administrator if you have any questions about this or about our Emergency Management Plan. The safety of our students and staff is of the utmost importance to us all.
Sincerely,
Sandra C. Griffin
Principal
How long does it take a police officer to learn how to get people to blow into a plastic tube?
This isn't the set up to a joke. The fact is, the NYS Department of Health requires police officers to take a three-day course and pass a certification test before he or she can administer a breathalyzer test to a suspected drunken driver.
Seventeen law enforcement officers from as far away as Stuben County have been in Le Roy for three days earning their breath-test certification.
The class is being taught by Sgt. Michael Hare of Le Roy PD and Sgt. Brian Frieday.
Accurate results from a certified tester are needed in case the test is challeged in court.
Crews have spent the morning getting the demolition site ready for removing the former Wiss Hotel building from the corner of Main and Lake streets in Le Roy.
The first backhoe whack at a wall will take place sometime after lunch hour.
A supervisor for Empire Dismantlement Corp. said demolition starts at the back of the building and works toward the front. First order of business is to make room for dump trucks to park on the building site.
By Saturday, crews should be ready to take down the front facade. When they get to that point, Main Street will need to be closed for a time.
The building is being taken down "hot," meaning that any existing asbestos in the building has not been removed prior to demolition.
We've also learned that the iron awning that was on the west side of the building has been removed. The owners of the Smokin' Eagle (formerly the Eagle Hotel, and soon to be the last standing old hotel in the Village) plan to use it on their back entrance. Demolition crews will recover the chains that held it to the Wiss when demolition gets to that point.
UPDATE 4:36 p.m.: Had to leave Le Roy a little earlier than anticipated because of the situation at the middle school, but did snap a couple shots following the start of actual demolition.
Robert Thomas Seager, 43, of East Main Road, Batavia, is charged with felony DWI, driving with a BAC of .08, leaving the scene of a property damage accident, failure to stop at stop sign, consumption of alcohol in a motor vehicle and refusal to take breath test. Seager was arrested following the investigation into a property damage accident reported at 9:51 p.m. Tuesday at Putnam and Creek roads, Bethany. (Initial Report)
Autumn Marie Sierra, 19, of 77nd Street, Brooklyn, is charged with criminal nuisance, 2nd, and unlawful possession of marijuana. Sierra is suspected of covering the smoke detector in her room at College Village making it inoperable. Upon investigation, Sierra was also allegedly found to possess marijuana. Also charged was Mona'e Kristin Damon, 18, of Thompkins Avenue, Brooklyn, as well as Oumou Sy, 18, of East 102nd Street, New York City.
Christopher Leo Stone, 30, of Willow Pond Way, Penfield, is charged ith DWI, driving with a BAC of .08 or greater and speeding. Stone was stopped at 1:09 a.m. April 13 on Route 33, Byron, by Sgt. Greg Walker, for allegedly driving 84 mph in a 55 mph zone.
Rodeny Ira Dean, 45, of Bloomingdale Road, Tonawanda Indian Reservation, is charged with felony DWI, moved from lane unsafely, refusal to submit to pre-screen device, drinking alcohol in a motor vehicle. Dean was reportedly involved in a single-car accident at 8:18 p.m., Monday, on Akron Road, Pembroke. Dean's vehicle struck the guy wire of a utility pole, shearing the pole and knocking electrical wires to the ground. Dean suffered minor injuries and was transported to ECMC for evaluation. Additional charges may be pending. The accident was investigated by Deputy Chad Minuto.
Michael Lewis, 42, most recently a Batavia resident, was found guilty Tuesday of sexually assaulting two girls under age 14 in East Bloomfield over an 18-month period in 2010 and 2011.
Lewis was originally indicted on 335 counts by an Ontario County Grand Jury. It took a jury more than four hours to reach a guilty verdict on 38 counts.
According to an Ontario County District Attorney's press release, "Under the law, in indictments of this magnitude, a judge is authorized to submit representative counts of the indictment to the jury. In this case, Hon. Frederick G. Reed submitted 8 counts of Predatory Sexual Assault Against a Child, 4 counts of Endangering the Welfare of a Child, and 26 counts of Rape in the first, second and third degrees. The jury convicted Lewis of every single submitted count."
Lewis faces up to life in prison. Sentencing is set for June 26.
The case was prosecuted by Assistant District Attorney James Ritts.
The press release praises the work of Ritts and the four girls who testified:
ADA Ritts did a masterful job of preparing the case and presenting it to the jury, making the huge number of crimes manageable and understandable. And real credit goes to the four young girls who testified in this case — two victims and two other witnesses. Each of them was able to summon the courage to describe to the jury, while sitting mere feet from the defendant, the sordid acts they endured or witnessed.
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