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Local dairy farm fined as result of contamination to six water wells

By Howard B. Owens

Lamb Farms agreed to pay a $15,000 fine to the Department of Environmental Conservation for liquid manure that seeped into six residential water wells in the Lewiston/Oakfield Batavia Townline roads area of Oakfield in March, according to documents released by the DEC.

The 4,000-cow dairy farm was also given a suspended fine of $44,000 that it can avoid by complying with DEC instructions in what's known as a "consent order."

Word of the contaminated wells spread after the county mistakenly sent -- and quickly retracted -- a boil water alert to all county residents around March 18. The alert was only meant for a small population area around Lewiston Road and Oakfield Batavia Townline Road.

In all, six wells eventually tested positive for E. coli.

The DEC investigated and determined, according to the documents, that Lamb Farms was responsible for manure runoff from Field 367 on March 7 into a tributary of Upper Oak Orchard Creek, and that the manure spread on Field 386 on March 6 and 7 likely contributed to the wells' contamination.

As part of the consent order, Lamb Farms agreed to a number of technical stipulations: developing a new nutrient management plan; creating a plan for dealing with the different soil types of its field; how it handles winter and spring manure spreading; properly designating springs that might be affected by runoff; and providing more details in records for manure spreading.

Attempts to reach Lamb Farms co-owner Jim Veazy, who handled the matter with the DEC, according to the documents, were unsuccessful. It's harvest time and he's been busy in the fields.

To increase awareness of domestic violence, YWCA wants you to wear purple when watching or attending sporting events

By Billie Owens

Press release:

One in four women will experience domestic violence in her lifetime. In recognition of Domestic Violence Awareness Month, and in response to recent incidents involving professional athletes and domestic violence, the YWCA of Genesee County will “go purple” during the month of October.

The campaign “Go Purple With YWCA,” will help raise awareness about the prevalence of violence against women. In addition, YWCA will host its signature initiative, Week Without Violence, from Oct. 13 - 17, to mobilize people in communities across the United States to take action against all forms of violence, wherever it occurs.

"In addition to our annual Stiletto & Sneaker Walk, which was Oct. 2, we now look forward to going purple in an even bigger way," Executive Director Jeanne Walton said. "I challenge everyone to wear purple in support of domestic violence awareness, snap a picture of it and post to Facebook or send it to us. While it's so true that there's safety in numbers, we need to remember the numbers one in four and how crucial it is to stop domestic violence altogether."

The YWCA is one of the largest providers of domestic violence services in the United States with more than 200 local YWCA associations in 46 states and the District of Columbia. Each year, the organization provides hundreds of thousands of women and families with programs and services for both survivors and perpetrators, including emergency shelter, crisis hotlines, counseling, educational programs, prevention training, support groups, and abuse intervention. The YWCA also provides domestic violence training to businesses, law enforcement, and medical personnel across the nation.

Throughout October, YWCA of Genesee County encourages supporters to “join our team” and wear purple when watching or attending sports events to raise awareness, and share their photos on social media. In addition, we encourage supporters to change their Facebook and Twitter profile pictures to our Go Purple jersey during football games on Sundays and Mondays, to show solidarity with domestic violence victims and survivors. This virtual jersey features the phrase “1 in 4,” to represent the number of women that will experience domestic violence in their lifetimes. To learn more about the “Go Purple With YWCA” campaign, visit www.ywca.org/gopurple.

Batavia-based YWCA offers Domestic Violence Crisis & Prevention Services that include advocacy, court accompaniment, access to free legal services, safe housing and, currently in development, the You Engaging Success program that will connect victims to community professionals for the necessary training, education and motivation to stop the cycle of abuse.

There will also be a panel, "Dressing for Distress," featuring ordinary women who have gone through extraordinary things. Despite horrific circumstances these women got through it all with faith, strength and courage. Join them for an evening of sharing hope. It's set for 6:30 to 8:30 p.m. Oct. 23 at Stuart Steiner Theatre.

For more information about any of YW's programs, call (585) 343-5808 or go to www.ywcagenesee.org.

About the YWCA

The YWCA is a voice for every woman. For over a century, the YWCA has spoken out and taken action on behalf of women and girls. The YWCA is dedicated to eliminating racism, empowering women and promoting peace, justice, freedom and dignity for all. More than 2 million people participate each year in YWCA programs at more than 1,200 locations across the U.S. For more information, visit: http://www.ywca.org.

Le Roy fire now has a 15-passenger van to assist at scenes and events

By Howard B. Owens

Le Roy Fire Department has placed a new 15-passenger van into service. The van will be used for transporting personnel to and from accident and fire scenes, to and from training classes and for parade and funeral details, among other duties. The auxiliary will also use the van for transporting food and drinks to scenes. Reflective striping and lights will make the vehicle more visible and therefore safer. The department thanks Chris Stella of Stella Collision for shop space to work on the van and Josh Pfendler for lettering the van at no cost to the department.

Listen this morning to 'Talk of the Town' on WBTA

By Howard B. Owens

Tune in at 9 a.m. to WBTA-1490 for "Talk of the Town" staring Hiram Kasten and Lucine Kauffman.

I'll be their guest this morning.

The show can also be heard live streamed on WBTAi.com and WBTA's smartphone app.

Dog can finally be adopted after owner admits to animal torture charge and surrenders ownership

By Howard B. Owens

Fox'r is ready to go home. Whose home, we don't know yet, but it won't be the home of Nina Kelso.

In City Court today, Kelso finally surrendered ownership of the boxer, who has been living at the Animal Shelter since being found on death's doorstep at Kelso's former residence on Hutchins Street more than nine months ago.

He can now be adopted into a forever home by a local resident.

While Fox'r has put on weight -- he's up to 84 pounds -- and regained his strength, he's also been fidgety and nervous while confined most hours of the day to a cage at the shelter. He likes people and wants to be around people, volunteers say.

The volunteers at the shelter have taken to calling him "Skully" and "Boyfriend" and they've been eager to see Kelso's court case completed so he could find a new home.

Concern for the dog is one reason the District Attorney's Office agreed to a plea bargain in the case, ADA Robert Zickl told Judge Robert Balbick in City Court today.

"There's no reason for the animal to continue being confined to the shelter," Zickl said. "It should be adopted out and that is what we prefer to do because it's in the best interest of the dog." 

Kelso entered a guilty plea on an Alford basis to one count of torturing an animal.

An Alford plea means she concedes she would likely be found guilty by a jury, but does not admit to the facts of the prosecution's case against her.

Today's proceedings started with Kelso's attorney, Fares Rumi, laying out his understanding of the plea agreement offered by the people.

The agreement was a guilty plea to torturing an animal, no fees for his care up at the shelter and no jail time.

Balbick shot back that he wouldn't necessarily agree to the terms at sentencing.

"I would have to look at her background, a pre-sentence investigation, the facts of the situation and decided if no jail would serve appropriate justice," Balbick said. "I can't do that blindly. I know nothing about your client except that she is charged with torturing an animal."

Looks of shock and horror passed over Kelso's face, who sat at the defense table in a black blouse fiddling with a long silver chain draped around her neck. She appeared close to tears.

After some whispers between her and Rumi, some more back and forth between Rumi and Balbick, Balbick suggested the attorneys proceed with the planned suppression hearing.

Rumi had made a motion to get thrown out any statements Kelso made to Officer Jamie Givens the day she responded to an animal cruelty complaint at 142 Hutchins St. on Feb. 4.

Givens found Fox'r at the top of a common stairwell (shared by two apartments). Food was strewn everywhere, there was no water, and it didn't appear that Fox'r even had the strength to raise his head, Givens testified.

He was so emaciated his ribs were showing.

Minutes after Givens arrived on scene, Kelso came up and walked up the stairs and spoke with Givens.

Rumi argued that Kelso should have been read her rights before speaking with Givens. An argument Balbick would later reject saying that Kelso wasn't in custody at the time and her statements were voluntary. 

Kelso told Givens, Givens said, that Fox'r had eaten either cigarettes or some chemical that made him sick and cause sudden weight loss. Kelso reportedly said she knew Fox'r was close to death and that her brother-in-law was supposed to pick him up the next day and take him some place and shoot him to death.

Through the entirety of Givens testimony, Kelso sat silently shaking her head "no."

After the testimony, both attorneys met with Balbick privately.

When they came back into the courtroom, Rumi met with Kelso privately. They all then approached the bench and Rumi said Kelso had agreed to the terms.

Balbick again emphasized that he retains the option to reject her guilty plea when she comes in for sentencing Jan. 6.

Through tears, Kelso said she understood.

As the details of her guilty plea and the process were discussed, Kelso stood next to her attorney nearly sobbing, but mostly holding it together.

When Balbick asked her if she was ready to surrender the dog, Kelso could barely form the word "yes" with her mouth, started to sob briefly and looked straight up at the ceiling.

Seconds passed, and she managed to sob, "yes."

An animal control officer at the back of the courtroom began preparing the paperwork.

The animal shelter is located at 3841 W. Main Street Road, Batavia. Phone: (585) 343-6410. Applications for adoption are being accepted immediately.  

Around the time of Kelso's arrest, another Batavia woman, Lauren K. Pellegrino, also also arrested for allegedly mistreating her dog, Nessa. Pellegrino was scheduled to appear on her case at 1:30 p.m., and as of 4 p.m., she had yet to show up in City Court. She missed a previous court appearance, as well, and eventually turned herself in on a warrant, according to court officials. The court was attempting to contact her attorney this afternoon. Nessa remains confined to the shelter.

CORRECTION: we originally wrote "no fine." Kelso could be fined up to $1,000. The plea relieves her of responsibility for shelter fees. However when Balbick informed her she could be fined Kelso said she had been willing to pay for Fox'r's care.

Law and Order: New forgery charge for jail inmate

By Howard B. Owens

Michael Robert Sigl, 22, of Pratt Road, Batavia, is charged with criminal possession of a forged instrument, 2nd. Sigl allegedly forged a check Sept. 4 from another person's account and used it to make a purchase at a local retail store for $277.54. Sigl is already incarcerated at the Genesee County Jail  on five counts of criminal possession of a forged instrument was arraigned on the new charge and ordered held on $10,000 cash bail. 

Dylan B. Boykins, 41, of Pringle Avenue, Batavia, is charged with attempted petit larceny. Boykins allegedly tried to steal merchandise from Dollar General.

Justin J. Koepp, 32, of East Main Road, Batavia, is charged with unlawful possession of marijuana. Koepp was charged following an investigation into a reported domestic incident.

Eric John Davis, 36, of Read Road, Corfu, is charged with criminal contempt, 2nd. Davis allegedly violated an order of protection.

Sarah Noble-Moag appointed to GGLDC board of directors

By Howard B. Owens

Press release:

The Genesee Gateway Local Development Corp. (GGLDC) has appointed Sarah Noble-Moag to the organization’s board of directors.

“Sarah Noble-Moag was selected to serve on the GGLDC board because of her extensive management experience with various dairy companies right here in Genesee County,” said Thomas Felton, GGLDC board chairman. “Her skills and background knowledge of the local agricultural industry will be a tremendous asset to the board.”

Noble-Moag is a personnel manager for Linwood Management Group, LLC, which provides management services to dairy companies, including Noblehurst Farms, and Synergy, LLC. In this role she coordinates staffing, employee payroll and benefits, communication and recruitment for the group along with being responsible for overseeing internal personnel controls and staffing.

In addition to her position with Linwood Management Group, Noble-Moag is very active within the community. She is the past president of the board of education for the Pavilion Central Schools, and continues to serve on the audit committee.

She maintains an active role in education and training for our rural communities, advocating for affordable, quality public education by serving as a board member on the Agricultural Affiliates, which provides leadership necessary to build a strong workforce for agriculture in the Northern U.S. She also is a member of the National Council of Agricultural Employers and New York State Agricultural Society.

Noble-Moag is a graduate of Cornell University and a graduate of Class VI of LEAD New York. She an elder in the Covington Presbyterian Church, and has served on the Committee on Ministry and Migration Working Group (a forum on immigration reform) for the Presbytery of the Genesee Valley.

She resides in Pavilion with her husband, Timothy Moag. They have three grown children.

Meet argiope aurantia, maker of meadow web gems

By JIM NIGRO

A yellow garden spider tends to its dew-laden web.

Argiope aurantia, a.k.a. the yellow garden spider, the black & yellow garden spider or golden garden spider. And while it may be found in your garden as the name suggests, it is actually more at home in any locale where it can suspend its silky web from tall plants and grasses, particularly meadows and alongside narrow, slow-moving streams.  

Its web creations are silky and symmetrical and can measure over two feet in diameter. They are also quite lethal to flying insects. This web, and several others in close proximity, were found in a meadow of milkweed, Queen Anne's lace and dead tansy.

Strung up amid spent tansy and covered with dew, this web bears a certain Halloween motif.

Once her prey is ensnared, this female will "jiggle" her web to further secure her quarry before scurrying across her silky masterpiece and injecting venom into her victim. She will then wrap her prey in a silky cocoon and wait a few hours for the venom to do its work -- turning her victim's insides to liquid. Makes for a high-protein buggy milkshake!

Law and Order: Harvester Avenue resident accused of drug sales

By Howard B. Owens
Aaron Klein

Aaron Lee Klein, 43, of Harvester Avenue, Batavia, is charged with criminal sale of a controlled substance, 3rd, possession of a hypodermic instrument, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. A plain clothes police officer observed Klein allegedly selling marijuana and heroin to another person at 3:09 p.m. Oct. 1 on Dellinger Avenue, Batavia.

James Albert Hancock, 45, of East Main Street, Batavia, is charged with possession of a hypodermic instrument, criminal possession of a controlled substance and unlawful possession of marijuana. A plain clothes police officer observed Hancock allegedly make a purchase of marijuana and heroin from another person at 3:09 a.m. Wednesday on Dellinger Avenue, Batavia.

Robert Propst

Robert J. Propst, 34, of Maple Street, Batavia, is charged with first-degree robbery, grand larceny 4th, criminal possession of a weapon and menacing, 2nd. Propst is accused of displaying a knife at 10:27 p.m. Aug. 6 while on Pearl Street, Batavia, and demanding the wallet of another person. Propst was jailed without bail.

Christopher Alexander John Davenport, 26, of Bennett Hill Road, Groveland, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and no plate lamp. Davenport was stopped at 1:41 a.m. Saturday on Clinton Street Road, Batavia, by Deputy Joseph Corona.

Shannon Lee Atonetty, 38, of Maple Street, Batavia, is charged with burglary, 2nd. Antonetty allegedly forced his way into a residence in Bethany and stole money and a receipt from a wallet. The homeowners found Atonetty lying on the kitchen floor in an intoxicated condition and detained him until law enforcement arrived. Attonetty was jailed on $25,000 bail.

Johnny Lee Shannon, 56, of Creek Road, Batavia, is charged with menacing, 2nd. Shannon allegedly threatened another person with a knife at his residence at 9:30 p.m. Saturday.

Paul Michael Gelardo, 29, of Fargo Road, Stafford, was arrested on warrants for alleged identify theft, 3rd, and petit larceny. Gelardo was a passenger in a vehicle stopped by Deputy John Baiocco, who recognized Gelardo as a warrant suspect. Gelardo was jailed on $500 bail.

Anthony Gene Stone, 25, of Delmar Road, Rochester, was arrested on a warrant for alleged disorderly conduct. Stone was arrested following his release from Monroe County Jail, where he was held on an unrelated matter. Stone was arraigned in Darien Town Court and jailed on $100 bail.

Alton W. Bethel, 53, of Union Street, Batavia, is charged with criminal mischief, grand larceny, 4th, and endangering the welfare of a child. Bethel was arrested following an investigation into a domestic incident reported at 11:38 p.m. Friday on Bank Street. No further details released.

Katherin A. O'Brien, 21, of Roanoke Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater, criminal possession of a controlled substance, 7th, and controlled substance not in origianl container. O'Brien was stopped at 12:14 a.m. Sept. 24 on West Main Street, Batavia, by officer Matthew Wojtaszczyk.

A 16-year-old resident of Holland Avenue is charged with harassment, 2nd, and disorderly conduct. The youth was involved in a fight with a sibling at Batavia High School and allegedly struck a staff member trying to break up the fight.

A 17-year-old resident of Holland Avenue, Batavia, is charged with disorderly conduct. The youth was involved in a fight with a sibling at Batavia High School.

Reginal C. Sampson Sr., 48, of Webster Avenue, Rochester, is charged with harassment, 2nd. Sampson was charged following a fight with another person reported at 6 p.m. Wednesday at a residence on Hall Street, Batavia. Also charged with harassment, 2nd, was Leonard A. Johnson, 21, of Hall Street, Batavia.

Nathen Edward Donald Brege, 22, of Morrow Road, Pavilion, was arrested on a warrant for alleged failure to appear on an overnight parking ticket in the City of Batavia. Brege posted bail and was released.

A 16-year-old from Le Roy is charged with harassment, 2nd. The youth was arrested by State Police related to an incident reported at 3:30 p.m., Friday. No further details released.

Photo: Tree in cornfield of Route 98, Batavia

By Howard B. Owens

Whenever I drive by it, I like the look of this tree out in a cornfield, east of Route 98, just before you get to Batavia Elba Townline Road. This evening, I stopped for a picture.

Photos: 7th Annual St. Padre Pio Parish Oktoberfest

By Howard B. Owens

A big crowd turned out in Oakfield on Saturday evening for the 7th Annual St. Padre Pio Parish Oktoberfest. There was pulled pork, a basket auction, sweet treats, live music, and, of course, a beer tent.

Photos: Downtown Wine Walk 2014

By Howard B. Owens

Once a little rain passed through and the sun came out, it was a beautiful Saturday evening for a wine walk in Downtown Batavia.

To purchase prints, click here.

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