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Working barn fire on East Road in Bethany

By Billie Owens

A working barn fire is confirmed at 10628 East Road, south of Route 20 in Bethany. Pigs are reportedly inside of it. Bethany fire is responding, along with Alexander, the city's Fast Team, Pavilion, Stafford and Wyoming. Town of Batavia Fire is to fill in at Bethany Fire Hall.

UPDATE 6:47 a.m.: Darien fire is asked to fill in at Alexander Fire Hall.

UPDATE 7:18 a.m.: East Pembroke is asked to fill in at Bethany Fire Hall.

UPDATE 7:30 a.m.: The command chief says "most of the pigs got out." The barn itself was "on the ground" by the time fire crews arrived.

UPDATE 7:52 a.m.: South Byron is requested to fill in at Stafford Fire Hall.

UPDATE 1:50 p.m.: The farm is owned by David and Rebecca Orr. There were three adults and from nine to 11 piglets lost in the fire.  At least nine pigs were saved. The fire is still under investigation, but Emergency Management Coordinator said investigators are looking at the heat lamps used to keep the piglets warm.

UPDATE 11:13 a.m.: Video from the scene.

BHS officials monitoring controversial app catching on with students

By Howard B. Owens

Yik Yak has come to Batavia High School and administrators are monitoring the social media site with a wary eye.

Already the subject of national news stories because of reports of bullying, bomb threats and juvenile chatter, Yik Yak provides posters with complete anonymity and an audience of proximity and immediacy.

Recent posts have included invitations (yes, more than one) for people to list the biggest slut at the school, accusations of sexual crimes, and insults directed at specific students and teachers.

And according to a couple of posters, if you think that's bullying, then that's your problem.

"Cyberbullying not real," wrote one anonymous poster in all caps. "If you dont (sic) wanna be 'cyberbullied' then delete the app or turn ya phone off."

On the other hand, there are messages that decry the immaturity of high school students on Yik Yak and defend some of those insulted.

A few posts seem to even use the app as intended -- to post what's going on around them or make funny observations.

"30 likes and I'll show up to school tomorrow in a tutu and high heels," wrote one poster. The post received more than 50 likes. No reports on anybody showing up at BHS in a tutu and high heels, however.

Yik Yak is a mobile app, for use on smartphones and tablets. Messages are shared only within a 1.5-mile radius of the location of where the post was created.

The terms of service require users to be older than 17 and news reports say the company founders are concerned about use by high school students and are trying to find ways to block access on school campuses and prevent underage users from signing on.

In news reports, founders Tyler Droll and Brooks Buffington, who are given credit in some accounts for being responsive to teenage bullying concerns, admit their efforts to limit usage to adults has proven difficult.

So far, Yik Yak has received more than $60 million in venture capital funding.

Asked about the appearance of Yik Yak on the BHS campus, Principal Scott Wilson responded:

Yes, We are aware of Yik Yak. We are monitoring it and it is blocked from the district network. As with all social media sites, we expect students to be responsible. The advice we give students is to not to respond to negative posts. They should report concerns to a responsible, trusted adult. Parents, counselors, teachers and administrators can help by listening to the concerns, investigate and conduct the necessary follow-up. The anonymity of Yik Yak is a challenge for all of us when kids use it irresponsibly.

On the Web:

Council meeting features discussion on downtown mall frustrations

By Howard B. Owens

There was a degree of frustration on all sides in council chambers Monday night over the long-simmering dispute over the state of the downtown mall after a resident raised the issue during public comments.

Some council members initially joined in the call of Richard Richmond to have the state's comptroller's office audit the city's legal fees associated with the city's dispute and the current lawsuit with the Mall Merchants Association.

Molino noted, however, that the city was audited last year and no irregularities related to legal bills were found.

He also asked what the goal of such an audit would be. The legal fees are public record and have been released before.

Richmond said he would like to see an itemized list of attorney fees for the mall, even suggesting audio go back six years to check for any inadvertent double billing.

The city's financial statements are scrutinized every year by an independent accountant, Molino told the council, and "they report any fraud or inconsistencies."

There have been no such reports.

Last year, resident John Roach issued a public records request and received documents showing the city's legal fees related to mall litigation, but some material was redacted if it could reveal information covered by attorney-client privilege. 

An audit, Molino suggested, would not necessarily uncover the kind of information perhaps some think it might.

"The comptroller is not going to provide you with guidance on what you pay for what services," Molino said. "They're not going to come in and tell you you're paying too much for police services, you're paying too much for fire services or you're paying too much for this."

Council members such as John Deleo expressed concern about how much was being spent on mall litigation and compared the years-long conflict with the mall association to a messy divorce that has gone on too long.

More than just the legal fees, perhaps, Deleo said, "people are concerned about the mall and the 57 buckets and how long does this divorce will go on."

After the meeting, Molino hinted at his own frustration with five or six years of disputes over the mall, but also expressed hope that a once-and-for-all solution can be reached during legal negotiations.

The condition of the mall and the disputes over the mall create a perception problem, Molino said, that could hold back redevelopment and brownfield development.

"It does not help the long-term success of the city nor the long-term success of the businesses and the redevelopment potential downtown, so, yes, it does hurt," Molino said. "It hurts everybody. I think everybody's business involved is going to benefit when it's resolved, and the city as a whole, and the community, will be able to get through this, and I hope it's a milestone that we can get past and say we were able to get past that hurdle."

There is an openness, Molino believes, to finding a solution to the disputes that led to the lawsuit, the involves negotiation and not further litigation.

"I think both parties want to resolve this issue and it's just a matter of coming together to find common ground that is going to meet everybody's needs," Molino said.

Child found safe on Washington Avenue after leaving Jackson School without permission

By Howard B. Owens

A kindergartener at Jackson Street School apparently misunderstood instructions from a nurse today and left school grounds instead of waiting for his father to pick him up, according to officials.

The child was missing for only a few minutes, Officer Eric Hill told WBTA.

At about the same time the nurse was calling Batavia PD, a child was located, dressed in hat, gloves and coat, on Washington Avenue. 

The school district issued the following statement about the incident:

Today at Jackson Primary School, a kindergarten student who was being dismissed from school early, walked out of a side door as per his normal dismissal procedures and started walking home rather than going to the school office for release. School officials immediately instituted their Emergency Procedures and contacted the police. The child was located shortly thereafter and returned safely to school and his parent.

The District will be reviewing its procedures to determine how today's incident occurred and make changes as necessary. As always, we place the safety of our students first and will take the necessary measures to protect  them.

Our news partners WBTA and 13WHAM contributed to this story.

Crash with injuries on Summit Street in the city

By Billie Owens

A motor-vehicle accident with injuries is reported at 101 Summit St. near Washington Avenue. City fire is on scene and Mercy medics are responding.

UPDATE 2:50 p.m.: Command reports two vehicles involved; three people will need to be evaluated.

Bob Harris Realty acquired by Buffalo-based firm

By Howard B. Owens

After 29 years of Gerace family ownership, Bob Harris Realty, has been sold to RealtyUSA, a company with 2,100 agents in offices from Albany to Buffalo.

The merger was announced at the Bob Harris offices on Ellicott Avenue this morning by Merle Whitehead, president, CEO and sole owner of RealtyUSA, with Joe and Lois Gerace at his side and their sons John and Robert standing nearby.  

"We acquired the assets of Bob Harris Realty, but more importantly, we acquired a household name in Batavia in realty," Whitehead said. "What a great asset for RealtyUSA to enter this market with such a strong family name and reputation, so we're really excited."

Founded in Williamsville in 1959, RealtyUSA grew to be the market leader in the Buffalo area and has expanded over the years through acquisition, Whitehead said, to become the market leader in Rochester, Syracuse, Albany, Corning and Elmira.

Last year the company handled $3.6 billion in transactions.

Lois Gerace said she will remain active in the business and doesn't plan to retire just yet. 

"I'm looking forward to at least another five years, easily," Gerace said.

John Gerace will be the manager of the RealtyUSA office.

Whitehead said his company will be able to bring resources to Bob Harris that the company didn't have on its own, such as training and the ability to hire more agents. The corporate office will also take on many tasks involved in running a real estate business, including marketing.

Lois Gerace said the new technology RealtyUSA is able to provide will benefit the business.

"We think we're going to provide better service to our customers, and we're excited," Gerace said.

While recognizing that the Bob Harris brand is well established in Genesee County, Whitehead said given the strong market presence RealtyUSA has to the east and to the west, changing the local name of the business only makes sense.

"We have an incredible Web site," Whitehead said. "It's been named the fourth best real estate Web site in America, so we want to use realtyusa.com to market in this area."

The acquisition is effective today.

Batavia PD looking for missing teen last seen at BHS yesterday

By Howard B. Owens

Olivia A. Rivera-Ellis is missing and is considered a runaway.

The 16-year-old was last seen at Batavia High School at 11:30 a.m., Monday. 

She was wearing a black and silver scarf, a black and pink cosmetology sweater, black yoga pants and white Jordan high-top sneakers. 

She was carrying a cheetah-print backpack.

She may still be in the local area.

Tips on her whereabouts should go to Batavia PD, (585) 345-6350.

"As in all cases of runaway youth, people who knowingly harbor these individuals are committing a crime," said Det. Rich Schauf.

UPDATE 4:30 p.m.: Olivia A. Rivera-Ellis has been located.

Le Roy PD warns residents about thefts of cars left unattended and running

By Howard B. Owens

Press release:

The Le Roy Police Department is advising all residents of a sudden increase in vehicle thefts in the Village of Le Roy. Three vehicles have been stolen since Jan. 7th from different locations in the Village, and even though all have been recovered, two have sustained significant damage. It is suspected that all three stolen vehicles may be related to drug use. The method being used is the suspect will wait in an area for a person to drive up and park their vehicle but leaving it unlocked and running due to the cold weather. The suspect will wait until the driver enters a store out of eyesight and then enter the unlocked vehicle and drive away.

The Le Roy Police Department is advising all citizens to please not leave their vehicles running while unoccupied and if they must leave it running, lock it and if there vehicle is stolen to please call 9-1-1 immediately.

One person has been arrested so far in relation to these thefts and a future press release will be issued pertaining to such.

Spending cut proposed in city budget, but so is property tax increase

By Howard B. Owens

A conservative look at sales tax revenue for the city is driving a proposal to raise property taxes by 16 cents per $1,000 of assessed value, City Manager Jason Molino told City Council members Monday night during his 2015-16 budget presentation.

The drop in fuel prices benefits consumers, but plays havoc on local government, which derives 18 percent of sales tax revenue from fuel sales.

Sales tax accounts for 40 percent of the city's overall general fund revenue.

Molino projects $15,848,884 in general fund spending for 2015-16, a 1.08-percent reduction (or $253,001) in spending from the current fiscal year.

Even with the reduced spending, the projected shortfall in sales tax means local property owners will be asked to help pick up the slack.

The new city tax rate would be $9.30 cents.

On a home assessed at $90,000, the property owner would pay $69.75 per month, up $1.20 over this year. 

For property taxes that are roughly half what many households pay these days for mobile phone service, residents receive a bevy of city services, including police and fire protection, road and sidewalk maintenance and parks. The value, he suggested, was just as great or greater than mobile phone service.

"I thought it (the analogy) would help put things in perspective," Molino said after the meeting.

While the local economy is improving, and by some measures is stronger than the state or national economy, there is a lot of room for improvement, Molino noted.

There is the potential for even better job growth, especially if plans for the Genesee Valley Agri-Business Park and WNY STAMP continue to come together, but in the here and now, the city needs to be conservative in its budgeting process, Molino said.

The city also needs to take a close look at its aging sewer and water infrastructure.

He is proposing a revised rate structure -- one that does away with the current two-tier system -- and includes a projected $1 per month increase for the average consumer to help pay for maintenance and upgrades to the system.

The proposal calls for $22 million in capital investment in sewer and water over a 10-year period.

Without the changes, not only will needed replacements and upgrades not take place, the city's sewer and water system will soon start losing money.

As modern, water-saving appliances become more common in local homes, local water consumption has decreased. That's a trend, Molino said, he expects to see continue.

However, it costs just as much to deliver two million gallons of water as it does three million gallons. The reduction in consumption doesn't reduce the cost of the system that delivers the water, but reduced consumption does decrease revenue.

The city will need to increase water rates, he said, to keep pace with water delivery costs.

What Molino presented Monday is a budget proposal. It will now be up to the council to go through the budget, ask questions and potentially suggest changes. There will be a public hearing on the budget before it is adopted.

The proposed budget will be posted on the city's Web site later today.

Five Genesee County fire departments called to house fire in Town of Covington

By Billie Owens

Five Genesee County fire departments are responding, mutual aid, to the Town of Covington in Wyoming County for a working structure fire with a person still inside the residence. The location is 864 Perry Road. In addition to Covington fire, responders requested include Le Roy, Pavilion, Bethany, Stafford and the City of Batavia Fast Team.

UPDATE 5:28 a.m.: The person inside got out safely. The fire is out. The assignment is back in service. The resident told firefighters he normally throws debris from his heat stove outside his back door, and did so this time but forgot about a wooden pallet he put there. It caught fire and smoke came up through the back porch into the house, waking the resident. The fire burnt a portion of the back porch.

Car hits tree on Alleghany Road, Alabama

By Howard B. Owens

A vehicle has reportedly hit a tree on Alleghany Road north of Roberts Road, Alabama.

There is airbag deployment.

Alabama fire and Mercy EMS responding.

UPDATE 12:18 a.m.: Chief on scene reports minor injuries.

Driver involved in Sunday night accident charged with DWI

By Howard B. Owens

A driver involved in an accident Sunday night on Ellicott Street near Jackson Avenue that sent two people to the hospital has been charged with DWI.

Reid E. Scott, 23, of Bear Road, Cowlesville, is also charged with driving with a BAC of .08 or greater, leaving the scene of an injury accident, reckless driving, speeding and consuming alcohol in a motor vehicle. 

Scott's vehicle was northbound on Ellicott Street, allegedly at a high rate of speed, according to investigators. A second vehicle was in the left-turn lane, intending to turn into Kwik Fill, and Scott allegedly attempted to pass the vehicle on the left by driving in the wrong lane toward oncoming traffic.

Scott's vehicle struck the turning vehicle. His vehicle then continued north striking a railroad crossing sign and utility pole.

Scott allegedly fled the scene of the accident on foot and was later located in Jackson Square. He suffered a hand injury.

Batavia PD did not release the names of the occupants of the other vehicle or provide information on their injuries.

UPDATE Tuesday, 4:50 p.m.: The driver of the second vehicle was Frances Riggs, of Brockport, and the passenger was Mattie Cole, of Albion. Both were transported to UMMC, but neither suffered a significant  injury, according to Sgt. Chris Camp. 

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By Lisa Ace

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  • Weight Training Classes
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Photo: A bit of local history and gun safety

By Howard B. Owens

Tony Mancuso sent in this photo of his father, Joseph Laurence Mancuso, handing out NRA junior diplomas many years ago.

Tony's father did gun safety training and started Batavia Archers.

Tony said he doesn't know the other folks in the photo, but said it would be great to find out who they are. Recognize anybody? Leave a comment, if so.

Law and Order: A pair of weekend DWIs

By Howard B. Owens

Jason Gerard Heineman, 42, of Batavia Oakfield Townline Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right, driving left of pavement markings and refusal to take breath test. Heineman was stopped at 12:59 a.m. Saturday on Phelps Road, Pembroke, by Deputy Andrew Hale.

Edward William Zastrow, 33, of Town Line Road, Bergen, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely. Zastrow was arrested by Sgt. Eric Seppala after his vehicle reportedly went off the roadway on Buffalo Street, Bergen, at 1:14 a.m. Sunday.

Devon James Schulman, 19, of Walnut Street, Batavia, is charged with petit larceny. Schulman is accused of stealing merchandise from Walmart.

Curtis L. Williams, 34, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Williams turned himself in on the warrant.

Gregory Marcus Munroe II, 26, of Harvester Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a disorderly conduct charge. Munroe turned himself in on the warrant.

Kim M. Sobczak, 52, of Batavia, is charged with petit larceny, controlled substance not in original container and criminal possession of a controlled substance. Sobczak was arrested at Kmart at 12:30 p.m. Friday by State Police. No further details released. UPDATE: NYSP has released additional information on this case. According to police, Sobczak was caught leaving Kmart with a shopping cart full of assorted items with a value of more than $300. She was allegedly found during her arrest with a pill bottle containing acetaminophen/oxycodone and acetaminophen/hydrocodone pill tablets.

Ethan T. Ellis, 30, of Brockport, Mark J. Friga, 29, David A. Morre, 26, Victor F. Martinez, 26, all of  Rochester, were charged with trespass. The four men were allegedly found by State Police riding ATVs on private property off Circular Hill Road, Le Roy, last week. The property is owned by Hanson Aggregates.

Driver charged in single-vehicle accident in Elba on Saturday night

By Howard B. Owens

A driver involved in a single-vehicle accident at 11:28 p.m. Saturday on Route 262, Elba, has been charged with driving while ability impaired by drugs.

Joseph Paul Pratt, 20, of Church Street, Le Roy, was also charged with failure to keep right. 

Pratt was driving a 2010 Chevy pickup owned by another person eastbound on Route 262. The truck reportedly crossed into the westbound lane and went off the north shoulder of the road. It struck a guy wire for a utility pole and continued through a patch of trees and hedges, coming to rest in a field.  

Deputy Chris Parker reports that Pratt said he hit a patch of black ice.

The investigation showed, Parker wrote in the report, that Pratt's vehicle traveled in a straight line through a curve in the roadway.

Hawley retains posts in Assembly leadership

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) was reappointed as Assistant Minority Leader as well as Minority Ranker of the Assembly’s Veterans’ Affairs Committee. Hawley also announced that he was reappointed to the Agriculture, Insurance, and Ways and Means committees.

“I am honored to serve in our conference’s leadership once again,” Hawley said. “Our members and leadership are tremendously devoted to crafting the best public policy possible and I am motivated to get back to work. Furthermore, as a veteran, I am proud to serve as Ranking Member of the Veterans’ Affairs Committee. I have always sought to protect the rights of veterans and advocate for them in Albany. My years in the military have given me the knowledge and experience to meaningfully contribute to the policy process. I look forward to heading back to Albany to continue working for veterans during this year’s session.”

Hawley, a veteran of the Army National Guard and Army Reserves, has served in the legislature since 2006 and as Assistant Minority Leader since 2013. The 2015 Legislative Session opened on Wednesday, Jan. 7, when members took their oaths of office in the Assembly Chamber and Assemblymen Sheldon Silver and Brian Kolb were elected to the positions of Speaker and Minority Leader, respectively.    

Get inked for charity this weekend

By Howard B. Owens

High Voltage Tattoo and Piercing is hosting its annual tattoo and piercing event to benefit local charities Friday and Saturday from noon to 8 p.m. on both days.

Tattoos, based on available selections, are $35 each and piercings are $15 each.

Proceeds benefit Volunteers for Animals, HomeCare & Hospice, and Justice for Children.

The event always draws a big crowd, so you want to arrive early.

High Voltage is at the corner of West Main Street and Thomas Avenue in Batavia.

Pictured are James Gommenginger, Jeremy Fridman and Mark Fanara.

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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