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City announces plan for Christmas tree pick up

By Howard B. Owens

City crews will start picking up discarded Christmas trees Jan. 7 with the pick up continuing through Jan. 18.

Residents in Batavia are asked to place their trees in the parkway without bags, stands or decorations, which can damage equipment.

Trees should be kept free of snow and ice so they are visible.

The pick up will begin on Grandview Terrace and crews will work east and west, north of Main Street and west to east, south of Main Street.

Two Le Roy residents accused of selling fake NFL merchandise at Ralph Wilson Stadium

By Howard B. Owens

A pair of Le Roy residents were reportedly arrested in Erie County on Sunday for allegedly selling counterfeit NFL merchandise at Ralph Wilson Stadium.

Charged with trademark counterfeiting were Kenneth Smith, 49, and Joshua Wyskiel, 31. Both men were taken into custody as part of a sweep of arrests of suspected fake NFL merchandise sellers.

From the Buffalo News:

Once the garments were identified as fake, Payne said he and fellow officers began making arrests throughout the Bills’ football season, with a “final sweep” of arrests Sunday.

“We started to see a lot of these unlicensed vendors walking around the stadium parking lots selling trademark counterfeit T-shirts and jerseys out of their backpacks,” Payne said. “The T-shirts were selling for $5 and the jerseys for $30. When somebody is purchasing a jersey, which normally sells for $100, that should be a clue it’s counterfeit.”

Batavia PD nabs suspected thief during alleged burglary in progress on Washington Avenue

By Howard B. Owens

An alert neighbor spotted a potential burglary in progress on Washington Avenue on Tuesday leading to the arrest of a man police suspect may have been involved in other break-ins in the city.

Francis S. Smith, 19, of 20 S. Main St., Batavia, has been charged with burglary in the second degree and investigators are working to determine whether he may have been involved in other larcenies.

Smith is being held on bail in the Genesee County Jail.

His arrest followed a report of a burglary in progress about noon on Tuesday. Police responded, surrounded the residence and officers entered the residence and found Smith allegedly involved in a larceny of property from the residence.

A reader who was in the area at the time of the incident told The Batavian this is what he saw:

"The cops were yelling to someone inside to come out with their hands up. The man inside the house came out a second-story window on top of the porch roof. At that time the police drew their guns and ordered him to freeze and put his hands up. They brought the man back into the house and out the front door before putting him into the police car."

Law and Order: Batavia resident arrested on forgery charge

By Howard B. Owens

Brandon M. Maldonado, 24, of 24 Tracy Ave., Batavia, is charged with criminal possession of a forged instrument, 2nd, criminal possession of stolen property, 5th, and two bench warrants for alleged failure to appear as directed. Maldonado was taken into custody by Batavia PD at his residence on a felony arrest warrant as well as the bench warrants on unrelated charges. Maldonado was jailed without bail.

Daniel L. Zelazny, 50, of 6469 Swamp Road, Byron, is charged with driving while ability impaired by alcohol. Zelazny was taken into custody by the Sheriff's Office and turned over to Batavia PD following an investigation by Officer Matt Lutey of a motor-vehicle accident on East Main Street on Aug. 12.

Statement from Hochul on 'fiscal cliff' vote

By Howard B. Owens

Rep. Kathy Hochul voted yes on the "fiscal cliff" package passed yesterday by the House. Here is her statement of support for the package:

“Like most Western New Yorkers, I was frustrated and disappointed by the inability of Congress to reach a bipartisan agreement before the December 31st deadline. Only in Washington would political leaders use the security of our families and the strength of our economy as a bargaining chip to score political points. For more than a year, I have called for a bipartisan compromise that would extend the Bush tax cuts for individuals making up to $500,000. The package before Congress tonight is a significant step in that direction. More importantly, it represents the type of compromise necessary to protect Western New York families and businesses, avoid a recession, and move our country forward. I supported this package not because it was perfect, but because it represents the best option for our country at this time.”

Start the New Year right: Become a member of The Batavian Club

By Howard B. Owens

Join The Batavian Club and SAVE: Currently, members will receive $220 in gift certificates to local businesses -- far more value than the cost of the membership! (more info below).

TO JOIN: Use PayPal buttons below, or to pay by check (annual only) or credit card, click here to download form. Or call (585) 250-4118 to pay by credit card.

Monthly Single Membership - $5 per month
Includes membership card and bumper sticker.

 

Monthly Household Membership - $10 per month
Includes two membership cards and two bumper stickers.

 

Annual Single Membership - $50 per year
Includes membership card, bumper sticker.

 

Annual Household Membership - $100 per year
Includes two membership cards and two bumper stickers.

 

 

Water main break reported on Woodcrest Drive, Batavia

By Howard B. Owens

A water main break is reported at 9 Woodcrest Drive that is affecting customers on Woodcrest Drive between Hillside Drive and Naramore Drive, Batavia.

Residents may find water pressure is low and the water may be discolored.

Crews are on-site making repairs.

UPDATE: As of 7:30 p.m., the break was repaired and service restored.

Fire reported at Village Square apartment complex, Le Roy

By Howard B. Owens

A lower portion of the building has a working fire at the Village Square apartments, 57 W. Main St., Le Roy.

Le Roy Fire Department dispatched.

 ... and (before we finish the post) the fire is out ...

Chief requests thermal camera to check things out.

UPDATE 6:21 p.m.: Le Roy fire back in service.

Most viewed posts in 2012 and December

By Howard B. Owens

Top 15 most viewed posts for 2012:

Look at how many of these stories The Batavian broke or brought you more information about than available in other news sources. The Batavian broke the story about Jacquetta Simmons at Walmart on Christmas Eve, 2011 and was in front of the competition as the story developed. The Batavian brought to light the local issues with bath salts and either broke stories or had stories the competition never even carried. The Batavian carried more in-depth stories that were widely read on the tic disorder issue in Le Roy. We work hard to bring you news about Genesee County. We ask that you support the effort by becoming a member of The Batavian Club.

In 2012, TheBatavian.com was visited 3.8 million times and we served up 5.5 million page views.

Top 10 most viewed stories for December:

Minor injuries after rollover accident on Route 98, Elba

By Howard B. Owens

There are reportedly very minor injuries following a rollover accident on Route 98, just south of Edgerton Road, Elba.

Elba Fire Department and Mercy EMS responded.

Route 98 was shut down for a time, but is being reopened now.

The vehicle is about 15 feet off the roadway and will require a tow.

Car crash, minor injuries, on Town Line Road, Alabama

By Billie Owens

A motor-vehicle accident is reported, with minor injuries, at 2333 Town Line Road, near Maple Road, and Alabama Fire Department is responding along with medics.

UPDATE 12:59 p.m.: Four vehicles are involved. One of them is blocking traffic. One tow truck is already on scene.

UPDATE 1:09 p.m.: The Town of Alabama Highway Department is called to the area to clear the roads, which "are pretty bad," according to a responder. One ambulance is said to be sufficient.

Photos: Dec. 31 in Genesee County

By Howard B. Owens

At the point this morning I looked outside, it was bright and sunny and I decided I should go for a drive and take some pictures. By the time I actually got out of the house and got fueled up, the clouds were rolling in.

It was still a beautiful morning, however, so I drove through Stafford and Byron and took a few pictures.

Above, from Route 237 looking northeast.

Barn on Transit Road, Byron.

Tree off Transit Road, Byron (across from the barn)

Happy New Year!

Law and Order: Rochester resident arrested on charges in Batavia

By Howard B. Owens

Dominique L. Clyburn, 22, of 142 Saxton St., Rochester, is charged with criminal obstruction of breathing, criminal mischief, 4th, and harassment, 2nd. Clyburn was taken into custody by Rochester PD on an arrest warrant out of Batavia City Court and turned over to Batavia PD. Clyburn was jailed on $1,500 bail.

Elizabeth Ann Bucci, 58, of Prestige Crossing, Batavia, is charged with criminal contempt, 2nd. Bucci is accused of placing a phone call to a person she was ordered not to contact.

Casey Thomas Sutherland, 22, of Westside Drive, Churchville, is charged with unlawful possession of marijuana. Sutherland was allegedly found in possession of a small amount of marijuana during a traffic stop by Deputy Jason Saile at 9:20 p.m. Friday on Route 262, Byron.

Jonathan Christopher Pestillo, 18, of Seven Springs Road, Batavia, is charged with two counts of petit larceny. Pestillo is accused of shoplifting from Target on Dec. 16 and Dec. 19.

Jessie Marie Miles, 49, of Walnut Street, Batavia, is charged with petit larceny. Miles is accused of shoplifting at Kmart.

Jason L. Perry, 18, of Pavilion, is charged with unauthorized use of a motor vehicle and driving without a license. Perry was arrested by State Police on an alleged incident reported at 2:32 p.m. Thursday in Pavilion.

Deputy treks into woods to rescue stranded snowmobiler

By Alecia Kaus

Deputy Brian Thompson was battling flu and fever today. That didn't stop him from helping a snowmobiler who was stranded in water and ice on a trail off Wilkinson Road in East Pembroke.

Genesee County dispatchers got the 9-1-1 call about 2:30 this afternoon of a snowmobiler swamped in water near a creek and Deputy Thompson was the first on scene. 

Using the GPS signal from the snowmobiler's phone, Thompson was able to position himself 575 feet south of the scene. After about 10 minutes of plowing through waist-deep snow, and a half mile later, Thompson spotted the 30 year old male rider standing on a small island next to a tree. His snowmobile was up to its windshield in water.

Deputy Thompson was able to guide him back to the trail and onto the road where an ambulance was waiting. Hypothermia was a concern after being in the cold creek water and frigid temperatures for 45 minutes. Mercy Medic ambulance crews checked the rider over and he was released at the scene.

The snowmobile had to be removed before nightfall to keep the trail safe for other riders.

Rising creek waters made the ice thin and the area swamp-like near the trail. Riders need to be aware of trail conditions each day.

Thompson says this rider was lucky. He says it's important to remember some basic snowmobiling rules that could save your life. Never drink and ride, travel in pairs, never alone, slow down, and always be aware that trails change from day to day. 

Thompson says, "This young man had just been on the trail yesterday, and again this just shows how fast conditions can change. He was confident the trail would be OK today, and it wasn't."

Photos on a snowy, sunny Sunday in December

By Howard B. Owens

It was the kind of day I wish I had more time to drive around and make photos. There were moments of sun and blue sky.

I did a bit of that this morning when leaving Bergen, with a drive through Le Roy.

Heading back to Batavia, I noticed the snow-covered pines above in Stafford off Route 5 and thought they would make a nice picture -- if only there was blue sky behind them.

This afternoon, I noticed some blue sky to the northeast, so I headed out to Stafford for this shot.

The other photos below were taken this morning.

Street lights in the Village of Bergen.

First Presbyterian Church, Bergen.

These two trees between North Road and the 490 on ramp in Le Roy always fascinate me. 

I think the first barn photo I ever took for The Batavian (but not my first barn photo) was of this structure on North Road, Le Roy. It was probably March 2009 or so and all I had for a camera at the time was a Casio point-and-shoot. The photo got so many comments; it was an encouragement to take more barn photos.

Genesee County firefighters reflect on shooting in Webster prior to funeral for a brother

By Howard B. Owens

Shock, horrified, disbelief, these were the words that came to mind to some of the volunteer firefighters from Genesee County who assembled at the Bergen Fire Hall this morning before heading to Webster for a funeral service for Lt. Mike Chiapperini.

Chiapperini was one of two volunteers from the West Webster Fire Department murdered Christmas Eve while responding to a fire call on Lake Road.

The inexplicable ambush has affected firefighters over the entire nation, but especially in Western New York, where friendships often cross district lines.

The other important word this morning was "brotherhood."

"This effects us deeply," said James Bridges, assistant chief with the Bergen Volunteer Fire Department. "You just never know what you're walking into, what might happen. This is a brotherhood. We're all brothers. We are a team. When something happens to an individual, it happens to everybody."

Bridges knew Chiapperini. They worked together for about 15 years, Bridges said, while Bridges was on patrol and a fire investigator for the Monroe County Sheriff's Office. Chiapperini worked for the Webster Police Department.

"He was a great guy, a fun guy to be around," Bridges said. "He always had your back."

Volunteers serve to aid their communities, to help people.  You would just never expect to be a target, the firefighters said.

"We know what we do is dangerous, but most of those dangers we can control," said Bill Schutt, deputy fire coordinator for the West Battalion. "This is a danger you can’t control. You don’t even think about it when you’re responding to a call.  The fact that it comes out of the blue, it’s not something you would ever think about when you’re responding to a call most times."

That may not change the way volunteers do their jobs, Schutt and others said, but it's something that cannot easily be forgotten.

"I’m sure there are people who haven’t got to calls since Christmas Eve because of it, because that thought was in the back of their minds or the back of their wives' minds or kids' minds," Schutt said.

The idea that there might be a sniper at an emergency scene isn't something firefighters can readily prepare for, the way a police officer might. Schutt said it's not like firefighters are going to start wearing bulletproof vests or riot gear to fire scenes.

Tim Yaeger, fire coordinator for Genesee County, said responders probably need to be alert for dangers, but then, that's been the case since 9/11.

"We face hazards every time we go on a call," Yaeger said. "One hundred firefighters die every year in the line of duty, but never did we think gunfire from an assailant would be something we would ever consider as well. It puts a different perspective on our job. I don't think we're going to do our jobs any differently. We're just going to be as aware as we possibly can of our surroundings every time we go out the door."

That heightened awareness, Yeager said, has to really be part of a firefighter's life ever since 9/11.

"In Genesee County we know we're not the direct target of an international terrorist,  but it’s the homegrown folks, some bad people out there, that we’re worried about and I'd don't think it changes how we do our jobs. We just need to be very, very cautious every time we go on a fire run or EMS job."

Fire chiefs are responsible for the safety of their men and women and the shooting deaths of Chiapperini and Tomasz Kaczowka was too shocking to really comprehend, said Don Newton, chief of the East Pembroke Volunteer Fire Department.

"It's unimaginable," Newton said. "To think your community and your district and your department can put out the money they do for volunteers and the support you get from your community ... and somebody could commit a senseless act on somebody who is there unarmed ...  I don’t know how to grasp it."

Newton said he didn't know how he would deal with the actual funeral.

"I’m going to be honest with you," Newton said. "When it happens in our own department, just a member passing away, I take it really hard, so I just don’t know how this is going to go over with me. I don’t like wearing my class A uniform for things like this, but unfortunately this is part of life now. We’ve got to keep going on."

Ben Fisher, a firefighter with the Town of Batavia Volunteer Fire Department, said he was a little apprehensive about going to the funeral. He took it hard, he said, when he heard about the murders.

"I was heartbroken, to be honest with you," Fisher said. "I was crying. I’m going to be honest with you. You might as well be losing family. It’s a brotherhood. I may not have known them, but obviously we’re all in it for the same reason. It’s like losing a family member."

Like the other volunteers, Fisher said he just can't comprehend why firefighters would be targeted by a sniper.

"What would possess you to shoot somebody who is just coming to help you?" Fisher said.

The shooting was terrifying, said Capt. Christine Marinaccio, Le Roy Volunteer Fire Department.

"It’s just the thought you’re going out there, you’re going to respond to a general call, and it’s something that you would never think would happen," Marinaccio said.

East Pembroke firefighter Destin Danser said he was horrified when he heard the news, and sad and angry.

"I'm going today to show respect," Danser said. "From what I know about the guys who were out there, if it were me who was down, they would be here for me. I want to show them that respect, too."

Photo: Yaeger briefs firefighters on transportation plans to the funeral.

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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