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Accident reported on Ellicott Street Road at East Road

By Howard B. Owens

A two-car accident is reported at Ellicott Street Road and East Road, Bethany, with injuries.

The accident is not blocking.

Bethany and Stafford fire departments and Mercy EMS dispatched.

UPDATE 9:24 a.m.: A first responder reports traffic is backing up.

UPDATE 9:30 a.m.: Photo submitted by Jordan Fleming showing the wheel from the passenger vehicle jammed under the tires of the tractor trailer.

Two from Rochester allegedly caught in midst of drug transaction in Walmart parking lot

By Howard B. Owens
     Antoine Clark    Kristina Kretchmer

Agents of the Local Drug Task Force report that they interrupted a crack cocaine sale in progress in the parking lot of Walmart on Wednesday afternoon and took two Rochester residents into custody.

Arrested were Antoine T. Clark, 32, of Lake Avenue, Rochester, and Kristina M. Kretchmer, 34, of White Swan Street, Rochester.

Uniformed deputies of the Sheriff's Office assisted in the arrest.

Clark is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, criminal possession of a weapon, 4th, and unlawful possession of marijuana.

Kretchmer is charged with criminal sale of a controlled substance, 3rd, conspiracy, 4th, criminal possession of a weapon, 4th, unlawful possession of marijuana and aggravated unlicensed operation, 3rd. 

Both suspects were arraigned in Batavia Town Court and Clark was held without bail and Kretchmer was held on $5,000 bail.

Sponsored Post: The Le Roy Regatta is July 17th. Register today!

By Lisa Ace

The 2016 Oatka Festival Regatta Information is Sunday, July 17th, at 2 p.m. at the Oatka Creek Bank on Wolcott Street in Le Roy. For registration: You may bring your boat the day of the event. Registration/check in table will open at 12:30 p.m. on the creek bank. Cost: $15 per person. Please make checks payable to Oatka Festival and mail to: Sam Vagg, 72 North St., Le Roy, NY 14482. The deadline to register is July 8th.

Please mail payment, the completed team registration form, the 2016 Oatka Festival regatta application, statement of physical condition, and waiver & release of liability form for EACH MEMBER OF YOUR TEAM. All documents are available for download at: http://www.oatkafestival.org/. Please register your team together.

Please contact Sam Vagg at svagg@bhcg.com with any questions. The Regatta Steering Committee reserves the right to close registration due to volume of registrants.

Child injured in car accident on Ellicott Street

By Billie Owens

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A child is reportedly injured after a car accident at 300 Ellicott St. City fire, police and Mercy medics are responding.

UPDATE 10:52 a.m.: This was a mini-van vs. semi-truck accident. The passenger vehicle was northbound on Liberty Street and the semi-truck was westbound on Ellicott. Three witnesses told responders the passenger vehicle failed to stop at the red light. The vehicles clipped one another as a result. The child inside the mini-van was not injured and "was ambulatory" when medics arrived, but a front-seat passenger was taken to UMMC for evaluation. 

UPDATE 11:29 a.m.: At the same location, there is now a report of a truck that hit a power line "and something else" and now the caller can smell natural gas. City fire dispatched.

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Pavilion All Stars finish second in tournament

By Howard B. Owens

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The Pavilion U-10 baseball team had its best post-season finish in a decade, coming in second in a tournament held in Perry.

Pictured are: Christopher Doody. Mason Gilkes, Cole Harding, Grayson Harding, Landon Stoddard, Case Cummings, Zach Tillotson, Cameron Beck, Noah Hudson, Tyler True, Evan Kingdon, Ryan Williams, and coaches, Brandon Gilkes and Jason Tillotson, and head coach Tim Kingdon.  Coach Michelle Forti was unavailable for the photo.

Photo and information submitted by Ed Doody.

Elba youth beat Chili for championship

By Howard B. Owens

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Photo and story submitted by Drew Muehlig.

A four-run fourth inning was the difference as Elba downed Chili 8-4 Saturday to win the youth major league baseball championship.

The Lancers were leading 4-2 heading into the fourth, but the insurance runs in that big inning proved to be the difference. Zach Howard led off the inning with a single, scoring on Randy McIntire’s double on the very next pitch. Jake Engle added an infield single and then Nate Esten connected on a two-out single to score McIntire, putting runners on the corners. Brendan Thompson then sent a hard grounder through shortstop that took a tremendous bounce over the approaching fielder. Thompson took advantage, stretching the hit into a triple to score two runs putting the Lancers up 8-2.

Chili would score two runs in the top half of the sixth but their comeback fell short.

Elba’s CJ Gottler struck out nine in earning the win on the mound while Howard fired seven strikeouts to collect the save. Gottler and Zach Marsceill had huge run-scoring singles to keep Elba in the game early. Anthony Zambito also singled for the Lancers, who finish the year at 15-1. 

Photo: Front row -- CJ Gottler, Anthony Zambito, Zach Howard; second row, Frank Warriner, Jake Engle, Randy McIntire; third row, Tyler Kauffman, Brendan Thompson, Gage Chamberlain, Arron Wyder, Nate Esten, Caden Muehlig, Zach Marsceill; back row, coaches Drew Muehlig, Brian Engle and Vern Howard.

Law enforcement to make special effort during 4th of July holiday to crack down onto impaired driving

By Billie Owens

Press release:

Genesee County STOP-DWI Coordinator Matt Landers announced that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving.

The statewide STOP-DWI Crackdown efforts start on July 1st and will end on July 5th. The Fourth of July extended weekend is historically a deadly period for impaired driving. This year the 4th of July falls on a Monday, so we expect heavy traveling to begin on Thursday, June 30th and festivities to begin on Friday, July 1st and run through Tuesday, July 5th.

Americans love to celebrate the Fourth of July with family, friends, food and fireworks, but all too often the festivities turn tragic on the nation's roads. The fact is, this iconic American holiday is also one of the deadliest holidays of the year due to drunk-driving crashes. According to data from NHTSA, during July 4th holiday period over the five years (from 2010 to 2014), 752 people lost their lives in crashes involving drivers with a BAC of .08 or more.

These fatalities account for 42 percent of all motor vehicle traffic fatalities over this same five-year period. The New York State Police, County Sheriff and municipal law enforcement agencies will collaborate across the state and will be out in force in this coordinated effort to aggressively target those who put lives in danger.

Genesee County Undersheriff Bill Sheron wants you to know “The fourth of July holiday is for family gathering and celebration, let’s keep our families together, please celebrate responsibly.”

The July Fourth Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association. The Statewide STOP-DWI Crackdown Campaign also targets Labor Day Weekend, Halloween and the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

Attorney in embezzlement case pled guilty on Friday

By Howard B. Owens
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      Randolph Zickl

Updated at 2:22 p.m.

Randolph Zickl, the 81-year-old attorney, charged with grand larceny 2nd for stealing $75,000 from a former client, pled guilty to the charge in County Court on Friday, The Batavian has learned.

Since police departments only release information on arrests, and not court activity, that information wasn't available in the initial press release.

The guilty plea was uncovered by our news partner 13WHAM in a conversation with the Erie County District Attorney's Office and confirmed by The Batavian through a local source. 

Zickl will be sentenced Sept. 20.

Through court sources, 13WHAM learned that Zickl's victim was the widow of a client who died and Zickl handled the estate. He reportedly double-billed the client and then continued to withdraw money from the victim's account over a three-year (not two as previously reported) period.

If Zickl is able to make full restitution by Sept. 20, he will likely receive a probationary sentence.

He also resigned from the New York State Bar Association.

Because Zickl has two sons working the Genesee County District Attorney's Office, the Erie County office handled the prosecution and Zickl appeared in Genesee County Court, but an Erie County judge presided over the case.

Previously: Respected local attorney accused of stealing from elderly client

Silicon supplier makes investment in 1366 Technologies

By Howard B. Owens

A Boston-based company that has picked Genesee County for the location of its silicon wafer plant announced a major strategic move today that officials say will provide a tremendous positive impact on cash flow.

Wacker Chemie, a supplier of highly purified silicon, is making a $15 million equity investment in 1366 Technologies through the supply of the silicon that will be used by 1366 to manufacture its advanced silicon wafers.

The silicon wafers will be manufactured in a plant at the Science, Technology & Advanced Maufacturing Park (STAMP) in the Town of Alabama through a process that officials with 1366 say will greatly reduce the cost of solar power.

The partnership will also include a technical collaboration between the two companies. Wacker Chemie will provide expertise in silicon as well as facility design, engineering and construction.

“We see the potential for the Direct Wafer technology to provide an excellent contribution to accelerate global solar adoption," said Ewald Schindlbeck, president, Wacker Polysilicon. "1366 has developed a commercially valid answer to a longtime manufacturing challenge. We’re eager to add our high-quality products and bring our expertise to the effort.” 

Frank van Mierlo, CEO of 1366, said the partnership is a good sign for the future adoption of his company's groundbreaking solar wafer solution.

“Commercial traction is gained when technical success and financial support are established within the industry," van Mierlo said. "This partnership with the world’s most technically advanced silicon provider clearly demonstrates market acceptance for the Direct Wafer technology. Wacker’s silicon is the best in the industry and has been a crucial competitive edge for Wacker’s customers. It will do the same for 1366."

The manufacturing solution developed by 1366 offers a significant advantage over traditional ingot-based production technologies, according to company officials. The process makes wafers in a single step, pulling them directly from molten silicon instead of today’s multistep, energy- and capital-intensive approach, resulting in significant wafer production cost savings.

New downtown restaurant, Carter's, opens today

By Howard B. Owens

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Yes, dreams can come true, and so far, they have for Brenden Mullen, who eight years after going to work in his father's restaurant, formerly Larry's Steakhouse, is now the owner of Carter's in the same location.

But the dream doesn't stop there. Carter is the name of his 9-year-old son, and if dreams really do come true, it will be Carter someday welcoming you at the front door or serving you a drink.

"If I can, I'll get Carter's successful and then 10, 15 years down the road, I'm on my way down South and I'll leave this place for him to take over if he wants," Mullen said.

It's been seven months since Larry's closed so Mullen could revamp the restaurant and put his own mark on it. There was a lot of planning and work into getting the doors open again, he said, which happened today.

The theme of the new restaurant is nautical with a nod toward the Northeast seafaring tradition.

Naturally, the menu is filled with seafood appetizers and entrees.

"I spent the past seven months coming up with different menu ideas," Mullen said. "When I started narrowing it down, the result was predominately seafood, and then when I got to thinking about it, it seemed like a good idea, our niche, so to speak."

Mullen enjoys the restaurant business, he said, because he loves food and he loves people.

"When I was 21 years old, looking for something to do, I thought, there's no better way to make a living than working in a restaurant," Mullen said. "I love food and I love going out to dinner, and you can't be in this business if you're not a people person. To be able to hang out and mingle with my friends and customers, it really doesn't get much better, in my opinion."

Summer baseball camp offered in Batavia July 11-14, deadline to register is July 7

By Billie Owens

Athletes Edge Summer Baseball Camp will be held July 11-14 for children ages 5 to 12 at the Batavia Little League Complex near Dwyer Stadium. The address of the complex is 299 Bank St.

This camp will be assisted by Batavia High School Varsity Baseball players.

Cost is $90 per camper. Registration deadline is July 7. Each camper will receive a camp T-shirt.

Age groups are:

  • Group 1: 5- and 6-year-olds
  • Group 2: 7- to 9-year-olds
  • Group 3: 10- to 12-year-olds

Times are 9 a.m. to noon every day.

Mail payment with a piece of paper containing the player's name, age, address, and phone number, along with T-shirt size to:

Athletes Edge Summer Baseball Camp

8487 Violet Lane

Batavia NY 14020

 

Contact is Ben Buchholz via email  athletesedgebatavia@gmail.com

or call his mobile phone at (716) 982-8259.

Notre Dame is #1 secondary school in Genesee, Wyoming and Orleans counties, says Buffalo Business First

By Billie Owens

Press release:

For the ninth consecutive year, Notre Dame High School is ranked as the #1 secondary school in Genesee, Wyoming and Orleans counties, according to rankings announced last week by Buffalo Business First.

In addition, this is the ninth consecutive year that Notre Dame is included in the "Top 15 Percent" of all 136 secondary schools -- public and private -- in Western New York. And it is the 12th straight year that the Catholic school ranked in the publication's "Top 10" of WNY private schools.

Notre Dame, home of the Fighting Irish, offers a physically and emotionally safe learning environment that is welcoming to all, resulting in a graduation rate of 100 percent for the Class of 2016, with 97.4 percent attending college earning $4.6 million in scholarships.

The 2015-2016 academic year brought home 79th and 80th Sectional titles, in Ice Hockey and Softball, with 15 of 17 varsity level athletic teams achieving “Scholar Athlete” status as designated by the New York State Public High School Athletic Association. This long-standing "Tradition of Excellence" continues with the most current Buffalo Business First rankings.

Now accepting applications for the ’16 – ’17 school year. Financial aid available, call today to discover the difference.

Byron man indicted on two felony counts for allegedly selling marijuana

By Billie Owens

Christopher J. Bartnick (left), 35, of Hessenthaler Road, Byron, is charged with two counts of criminal sale of marijuana in the third degree, a Class E felony.

On June 27, Bartnick turned himself in to the Genesee County Sheriff's Office on a sealed indictment issued by the Genesee County Grand Jury charging him with the crimes.

He allegedly sold a quantity of marijuana to an operative of the Genesee County Drug Task Force on two separate occasions. He was arraigned in County Court and put in jail without bail.

The Genesee County District Attorney's Office and uniform members of the Genesee County Sheriff's Office assisted Task Force members with the investigation.

The Task Force is comprised of police office from the Sheriff's Office, Batavia Police NET officers, and the Le Roy Village Police Department. This arrest came at the conclusion of an investigation into the sale of marijuana in Genesee County.

City and BID relationship said be heading in constructive and productive direction

By Howard B. Owens

Officials are being coy with details, but the city and the Business Improvement District are apparently close to a negotiated agreement that will end a bit of a dispute over some operational issues. 

The turning point apparently came at a meeting Friday involving City Manager Jason Molino, City Attorney George Van Nest and an attorney for the BID who, up to this point, hadn't been involved in the situation.

Laurence Rubin, of Kavinoky & Cook, LLP, in Buffalo, was at Monday's City Council meeting, where Molino informed council members that progress had been made and an agreement should be forthcoming.

A public hearing on a proposed change to local law that would have affected the BID's district plan as well as required the BID board to abide by the State's Open Meeting Law and Freedom of Information Law was held, but there were no speakers.

Both Molino and Rubin sidestepped questions about the sunshine law requirements.

"We have an agreement in principle on the substantive issues," Rubin said. "I don’t want to get into the details and give you a long law school lecture, which I’m sure you don’t want to get into now, but in terms of the principles of transparency and timelines, I think there’s agreement."

Molino said, "I think both the City and the BID board are interested in the issues of transparency and that the public having access to board decisions and board meetings as well as how decisions are being made."

Rubin said he is an expert in the area of special districts and business improvement districts and General Municipal Law (GML).  

Asked if he was aware of any districts that were required to abide specifically by the sunshine laws, he said he didn't know of any, but that such districts and boards are generally open and transparent.

"I think government and the public and taxpayers do want to see transparency and I think there is a common theme about that," Rubin said. "Again, I don’t want to get into a law school lecture. The Freedom of Information Law or the Open Meetings Law, per se, is not really the issue. The issue is should there be transparency and there is absolute agreement on both sides that there should be."

At no point, has there been any specific allegation that the BID or the BID board has been anything less than transparent, but Molino raised the idea few weeks ago that to ensure transparency, the city should require the BID to abide by the sunshine laws.

In a memo to BID members last week -- property and business owners within the downtown district -- Executive Director Laurie Oltramari said the BID board objected to the sunshine law requirement not because the BID isn't transparent, but as a matter of legal precedent and principle. 

"The BID board is opposed to the City of Batavia adopting a local law imposing such as it conflicts with state law and our meetings are already open to the BID membership," Oltramari said. "For the City to implement such is creating new law for the City of Batavia, setting new precedent within NY State and discriminating against a not-for-profit corporation."

The dust-up between the city and the BID began a few weeks ago when Molino required the BID board to cut its budget to better comply with General Municipal Law, which Molino said the BID's budget had skirted for the past few years.

The BID's assessment, which is the basis for the BID's budget, is set by the city and while Molino said he has raised the issue with the BID in previous years, this year he said the city would correct the assessment to comply with GML.

Rubin repeatedly said that in his role as legal counsel for the BID on this issue, he didn't want to look back and concentrate on past history.

"We had a very positive discussion with the city administrator and the city attorney," Rubin said. "We talked about substantive issues. We set aside the history and whatever conversations may have been and we just talked about the statute and the proposed revisions to the local law. It was very constructive. I can’t really speak to what happened in the past, but going forward seems to be very constructive and very productive."

Six streets in city slated for repaving in 2018

By Howard B. Owens

The city will receive $2 million in federal block grant money to repave six streets, Public Works Director Matt Worth told the City Council on Monday night.

The six streets will be milled and repaved at a cost of $2.5 million, and there may yet be some state money to help cover some of the cost difference.

The streets are Clinton Street, East Avenue, Liberty Street, South Liberty Street, Swan Street and Vine Street.

The city will now seek proposals from engineering firms, with the selection of the firm in the fall and then preliminary engineering work can begin. The final design would be completed in the fall of 2017 with work beginning in the summer of 2018.

Photo: City historian receives Volunteer of the Year award

By Howard B. Owens

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City Historian Larry Barnes received his Volunteer of the Year award from the Batavia City Council at the start of Monday night's meeting at City Hall.

Barnes was named Volunteer of the Year earlier but was unavailable to receive the award.

The honor recognizes his many years of volunteer work as city historian, especially his efforts in support of the city's centennial celebration. 

Barnes said the award was really a shared award and recognized the many people and organizations who have helped him throughout his tenure as historian.

Respected local attorney accused of stealing from elderly client

By Howard B. Owens
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      Randolph Zickl

Story updated with more information at 10 a.m.

One of Genesee County's most widely respected and prominent attorneys has been arrested for allegedly stealing $75,000 from an elderly client over a period of two years.

Randolph Zickl, 81, is charged with one count of grand larceny in the second degree.

Det. Todd Crossett said this morning that the investigation began in September with a complaint from a family member of the alleged victim. Crossett said the family member noticed some bank transactions "that didn't look right."

The alleged transactions, transferring funds from the elderly person's account into Zickl's account, were carried out during a period in which Zickl was not representing the client and should not have had access to the bank accounts, Crossett said.

Until a few weeks ago, Zickl was in charge of the county's Office of Legal Assistance. The office is in charge of handing out assignments to defense attorneys on cases that can't be handled -- usually because of a conflict of interest -- by the Public Defender's Office.

Ray Cianfrini, chairman of the County Legislature, said the Legislature received a letter of resignation from Zickl several weeks ago, but Cianfrini was not made aware until this morning that there was a pending legal case against Zickl.  

The Legislature appointed Mike Rivers to replace Zickl.

Zickl is the father of two attorneys in the District Attorney's Office, Robert Zickl and William Zickl.

The prosecution of Randolph Zickl is being handled by the Erie County District Attorney's Office and he was arraigned on the charge by a judge from Erie County.

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