Press release:

Genesee County’s annual “State of the County” is scheduled at 6:30 p.m. Wednesday, Feb. 20, in the Chambers of the Old Court House. Chair of the Genesee County Legislature Mary Pat Hancock will deliver the address.

This year’s address will focus on major trends impacting local county governments and how Genesee County is dealing with these trends.  “Changes are so significant that they impact every department and employee, as well as all of our citizens.”

All are cordially invited and encouraged to attend. Light refreshments will be available.

While the case will remain open, State Police investigators have been unable to obtain sufficient evidence so far to make an arrest in the case of a shot fired in the Walmart parking lot Jan. 21.

Investigator Kenneth Dubrinski said that even though there is a video of the incident, the one person possibly involved whom investigators could identify is uncooperative.

The video is not of good enough quality to release pictures in the hopes of identifying other individuals, Dubrinski said.

"You can barely make out the make and model of the car," he said.

Last week, police learned that a car that was parked in the area at the time was struck by a bullet.

The bullet could not be recovered.

Dubrinski said even though there isn't much new to report on the case, the case will remain open for some time in case somebody comes forward with new information.

"This is a little more serious than a run-of-the-mill case and we don't want to close it until we know we have everything covered," Dubrinski said.

As for the possibility of one or more people involved having ties to a criminal gang, Dubrinski said, "that would be speculation."

Jodi M. Coe, 37, of Batavia Oakfield Townline Road, is charged with 36 counts of criminal possession of a forged instrument, 2nd, in the City of Batavia and five counts of criminal possession of a forged instrument, 2nd, in the Town of Le Roy. Coe was allegedly in possession of numerous checks containing forged signatures. Coe allegedly possessed the checks while at various locations within the City of Batavia and Town of Le Roy. Following arraignment in city court, Coe was ordered jailed without bail. Town of Batavia Court set her bail at $5,000 cash or $10,000 bond.

Cassi Ann Schutt, 25, of West Crest Drive, Rochester, is charged with petit larceny. Schutt is accused of stealing $328.23 in merchandise from Kmart. When confronted by Kmart security, Schutt allegedly fled on foot. She was apprehended in the Tops parking lot after a brief foot chase. State Police assisted in the arrest. Investigation by Deputy Tim Wescott.

Rodney Lowee McKenzie, 48, of Buffalo, is charged with inhalation of hazardous inhalants. McKenzie was allegedly observed snorting inhalants while seated in a car in the Flying J parking lot. McKenzie was arrested by Deputy Patrick Reeves.

From Tom Houseknecht:

There is one major problem with Mr. Molino’s most recent attempt to sell city council and the voters of Batavia on removing garbage collection from the budget and replacing the tax with a user fee. In his comparison of costs, he claims that maintaining the current trash system would require a property tax increase from the current $10.71 to $11.14 per thousand. What he does not tell anyone in this comparison is that this increase cannot happen without a public vote by the citizens of Batavia (with 60% in favor) because of New York’s 2% property tax cap. This means $10.92 is the highest the tax rate can rise to without a vote of the citizens. Many more cuts would be needed in the city budget to keep the taxes under the cap, perhaps including council’s 75% pay increase.

What I feel is happening in this change of trash/recycling collection is this – If Mr. Molino removes the trash process from the budget (effectively lowering the budget by approximately one million dollars) he is able to avoid dealing with a property tax increase of more than 2%. An increase higher than 2% would cause council to put the city’s budget out to public vote. The only other way to keep the tax rate below a 2% increase would be to make big cuts elsewhere. The biggest perceived adverse side affect to this proposal is the impact on the ARC as their collection system, that has served the city well for 28 years, is not geared to the new user fee based system. Therefore, with little time in which to craft their response to the city’s bid specification, the ARC was not the lowest bidder.

With the sideshow of the battle for the ARC and the local jobs they provide, Mr. Molino has attempted to paint his new proposal as an overall savings for the taxpayers. The problem is that we are being misled into thinking that the majority of taxpayers will experience lower costs. The reality is the lowest valued properties will pay an increased amount and the highest valued properties will receive the savings, while the majority of taxpayers will pay more in total.

I now believe that the main reason for this proposal is that it allows for minimal budget cuts, a city council raise and no public vote while passing the bulk of the increase onto the city’s lowest income citizens. When compared to what you paid in 2012, if you are assessed at $60,000, the increase in what you pay out between your taxes and the new user fee at the smallest tote size will be an additional $64 per year, however if you are assessed at $200,000 you will save $183.

Under the proposed plan, everyone assessed below $96,000 will be paying more than they did in 2012. Everyone assessed higher will receive a savings. This break-even point on assessment will move somewhat if a higher tax rate is considered as opposed to the proposed rate with user fee, but should not be compared to a rate that is higher than the city will be allowed to pass without a vote of the citizens.

I’m not disputing the fact that trash collection is an expensive service that needs to be scrutinized as part of the budgeting process. I’m also not opposed to a pay increase for council members. What I take exception to is the ruse that a user fee based system will save the majority of taxpayers money. The “Fact” sheet on the city’s own Web site makes the ludicrous claim that “close to 90% of the city's properties will experience lower costs.” Whether this is a distortion, a misrepresentation, a mistake or a lie, it is far from the truth. If it is true that the average home is assessed at $80,000.00 (as quoted from Mr. Molino’s budget presentation of 1/7/10), the majority of city taxpayers will be paying more. Whether you call it a user fee or a property tax, it is a tax that will impact those who can least afford it the most.

The trash collection/user fee issue is a ruse for the fact that the city is currently proposing an overall budget that will cause them to exceed the 2 percent property tax cap. Their proposed solution puts a greater burden on the city’s lowest income residents, grants council a 75% salary increase and throws one of our finest local human service agencies and their employees under the bus. The plan is being promoted with distortions of fact. All residents need to hold council and the city manager accountable.

As this is my second letter regarding this issue, I again want to state that I appreciate the efforts of our city leaders, especially in these trying economic times. My purpose in writing is not to attack the service of our council members, but to suggest that the facts are being presented in a way that may not be clearly understood by all taxpayers. I am a proponent of the ARC and I believe they are caught in this controversy because of city management’s goal to remove trash collection from the property tax in an effort to avoid a budget battle.

Thomas Houseknecht

I think the person going behind me on Harvester Avenue got a little irritated when I suddenly slowed this afternoon. I did go forward and turn around and come back.  It's not like I haven't taken photos of the Richmond Mausoleum before, but I was struck by the way the light was hitting it around 3:30 p.m.

A winter storm watch has been issued by the National Weather Service for Thursday through early Saturday morning with storm totals in some parts of WNY of 9 to 18 inches.

Lake effect snow is expected to fall starting Thursday night with the heaviest snowfall predicted for Friday, with up to 10 inches falling that day.

The forecast confidence is medium to high.

Casino's has been a Le Roy staple since 1940.

That is the year the O'Geen brothers opened the restaurant.

Current owner, Mark Schildwester, who acquired the business six years ago, said the establishment will close its doors for the last time Feb. 20.

Schildwester said he's been trying to sell the restaurant, and one deal did fall through, but it's come time for him to let it go.

He'll keep the fixtures and equipment in place for a couple of months in case a buyer comes along, but after that he plans to hold an auction and then convert the space -- on Mill Street -- into office or retail space.

Local professional photographer Jay Terkel sent in this picture taken in his backyard in Corfu of a Cooper's hawk making a meal of a starling.

About 50 downtown business owners and managers gathered this morning in the community center of City Church to learn more about the activities of the Business Improvement District.

Part of the goal of the program was to encourage more people to volunteer on BID committees.

Committees are:

• Business Development Committee, chaired by Anthony Condello (pictured above)
• Design Committee, chaired by Victor Gautieri, (second picture)
• Promotion Committee, chaired by Mary Valle
• Organization/Executive Group, chaired by Paul Marchese (bottom photo)
• Visioning Commitee, chaired by James Isaac

Marchese unveiled a new mission statement and vision statement for the BID.

Mission Statement:

The Batavia Business Improvement District promotes and enhances the unique experience of shopping, working, and living in downtown Batavia.

Community begins downtown!

Vision Statement:

More Feet Downtown!

This photo is actually from yesterday afternoon: City workers Kevin Hamilton and Shawn McAlister were working downtown, replacing the banners on light poles.

Jonathan Enrique Garcia, 20, of West Main Street Road, Batavia, is charged with possessing a sexual performance of a child. A probation search allegedly turned up images of a nude, juvenile female on Garcia's mobile phone.

Nathan P. Crawford, 17, of 114 Hutchins St., Batavia, is charged with grand larceny, 3rd. Crawford was arrested following an investigation into a report of jewelry and electronics missing from a residence on Jackson Street, Batavia. The items were allegedly taken from the home between September and December. The value of the items exceeds $3,000. Crawford was released under supervision of Genesee Justice.

Faith Brenda Obeirne, 45, of Mount Read Boulevard, Rochester, is charged with petit larceny and criminal possession of a controlled substance. Obeirne was turned over to Sheriff's Office custody upon release from the City of Rochester Jail on a warrant out of Town of Batavia Court. Obeirne was jailed on $500 bail.

Shawn Michael Twardowski, 30, of Dodd Run Road, Marietta, Ohio, was arrested on warrants for alleged criminal contempt, 1st, and aggravated harassment, 2nd. Twardowski was taken into custody in Caldwell, Ohio, and transported back to New York. He was jailed on $100,000 bail.

Kristianna Lynn Thornton, 29, of Pierce Avenue, Niagara Falls, Thornton was arrested on a bench warrant out of Town of Batavia Court for alleged failure to appear. She was jailed on $250 bail.

Tonya Marie Weber, 28, West Main Street, Batavia, is charged with two counts of endangering the welfare of a child. Weber is accused of leaving her children with a person unfit to care for them. When contacted by law enforcement and instructed to return home and care for her children, Weber allegedly did not return. The children were allegedly neglected. The investigation was conducted by Deputy Kevin McCarthy, Deputy Chad Minuto, Trooper Holly Hansel and Trooper Bryman and DSS.

Pauly's Pizza will reopen in a couple of weeks, according to co-owner Paul Berardini.

The restaurant closed today for two reasons, Berardini said. First, it's time for some remodeling -- and the dead of winter is a good time to do it -- and the doctor ordered some rest for Berardini to take care of a minor medical issue.

In a couple of weeks, customers can expect a "healthy owner," a fresh cleaning, a new fryer hood and some equipment changes, Berardini said.

Police in the Town of Amherst have arrested three people who are suspected in a series of commercial burglaries in the region.

Among the items recovered were two air compressors that the suspects allegedly said may have come from a location or locations in the Batavia area.

If you have any information related to these possibly stolen air compressors, contact Investigator Kris Kautz in the Genesee County Sheriff's Office at (585) 345-3000, ext. 3571.

Plans to upgrade Kiwanis Park, on West Main Street Road in the Town of Batavia, to become an "inclusive park" (one that accommodates children and adults with disabilities) continue to move forward.

Local community members have been meeting recently, planning the process and starting the fundraising.

One of the first steps is the creation of a Facebook page in support of the project. Go like it.

Previously: Town of Batavia looking at upgrading Kiwanis Park to accommodate children with disabilities

By a one-vote margin, the Batavia City Council voted to raise its annual pay by $1,500, from $2,000 a year to $3,500.

The pay increase was approved by the council last year, but Councilman Pierluigi Cipollone (inset photo) offered a motion to amend the proposed budget for 2012-2013 to delete the increase in pay.

His motion failed on a 4-5 vote with Cipollone, Brooks Hawley, Kris Doeringer and Patti Pacino backing the no-raise motion.

"I have had people come to me, and say, 'you are going to give yourself a raise on top of all this. It’s not deserved,' " Cipollone said. "I didn't take this job for the money."

Doeringer said increasing council pay is moving service on the council into a career, not community service.

"I don’t want to make the council positions about money," Doeringer said. "We didn't take the seats to make money. We're not career politicians. We all do something on the outside. I don’t want to see the City of Batavia move to where people want to be on council because they think it’s a job."

Councilman John L. Canale (bottom photo) noted that he voted agaisnt the raise last year because he felt it was too soon after seating a new council to be making that kind of decision.

Since then, he said, the council has proven to the public it deserves the raise.

"I said I would have the full intention of voting myself a raise this year if as a team we could prove to the constituents that we can do the job," Canale said. "I think in the last year, especially with the freshman that were on the council, along with the experienced ones, I think we have well proven to the general public that we can work as a cohesive unit."

He said the proposed budget, with a 16-percent decrease in taxes, is proof of the bipartisan nature of the council.

Councilwoman Rose Mary Christian said that what she hears from constituents is that council members should be paid more.

"I don’t know who you talk to, but there are people I talk to who say we don’t get enough for the crap we have to go through," Christian said.

City Manager Jason Molino informed council members Monday night that he's found another 2.17-percent savings in the city's 2012-2013 budget.

He also shared how he believes some city residents will save money under the proposed changes in garbage collection service.

Molino also proposed making a first-year commitment of $45,000, taken from reserve funds, to back community enhancement plans put forward by the Vibrant Batavia committee.

The new proposed tax rate is $8.95 per thousand of assessed value, which is a 16.42-percent decrease from the 2011-2012 tax rate of $10.71.

For a property owner with an assessed value of $80,000, that is $140.80 savings in tax payments.

As part of the budget presentation during the workshop meeting last night, Molino shared figures based on Batavia's average assessed value for single family homes of $92,000 that showed such a homeowner would save money with proposed changes to the garbage collection service.

City staff is proposing a switch to an automated tote system -- residents would wheel totes out to the curb and a one-man garbage collection truck would drive by and use a lift to pick up the tote and dump trash into the truck.

The lowest bidder to take over the garbage collection under the new system is Allied, based in Arizona. If Allied is awarded the bid, it would end nearly 30 years of garbage collection in Batavia by Genesee ARC.

The actual projected savings are based on Molino's contention that taxes will have to go up if the current program with ARC is continued into 2012-2013.

To continue the current garbage collection system, taxes would need to go up to $11.14 per thousand, Molino said.

He said for a home assessed at $92,000, the property owner would pay $823,40 for a 35-gallon refuse tote. The refuse fee would be $169 annually for a total spent on property taxes and garbage collection of $992.40.

For 2011-2012, that property owner is paying $985.32 in a single bill that covers property taxes with garbage included, so the new system would cost $7.08 more.

However, Molino said the tax rate cannot remain at $10.71 if the council elects to keep ARC without the totes.

The tax rate would have to go up to $11.14, making the tax levy for that $92,000 home $1,024.88 -- or $39.56 over this year's taxes.

Using those numbers, the person who owns a $92,000 home would save $32.48 with a 35-gallon tote. The homeowner would save $3.48 with a 96-gallon tote (which has a refuse fee of $198 annually).

Here's a charge looking at various options:

$795.50

Councilwoman Patti Pacino said she's had constituents raise the issue with her that they don't understand why the city is projecting an increase in garbage collection costs when ARC hasn't been raising their prices.

Molino said the increase is due to annual hikes in the tipping fee costs for refuse disposal at a facility in Riga.

CORRECTION: Molino said ARC has raised rates over the past five years.

Councilman Jim Russell asked why the city has separate contracts for garbage collection and garbage disposal and Molino said the arrangement is unusual, but it was put in place decades ago.

Typically, Molino said, there's just one contract with a refuse collection company, because such a company can usually get better rates from waste facilities (be they dumps or incinerators) because of the greater volume one collection company generates over multiple jurisdictions.

Buying the totes will cost the city about $500,000. The city will borrow the money on what's called a "bond anticipation note." Such a financial scheme allows the city up to five years to pay back the loan or it must issue a bond. The cost of the totes are built into the user fee and will be paid back through the user fee within five years.

The totes have a 10-year warranty, but on average, they should last 15 years, even in Batavia.

Once the totes are paid for, the council will have a decision about what to do with the extra fee being charged -- lower the rate, save it for buying new totes in future years, or a combination of both.

On the issue of Vibrant Batavia: The council will be asked to pass a measure that will create an official committee and fund the projects of Vibrant Batavia for $45,000 for the first year.

Vibrant Batavia is being asked to increase its fundraising commitment from $22,000 to $27,000.

Vibrant Batavia is a community development program that will work on neighborhood revitalization, marketing the city and planning for the city's centennial celebration.

Initially, Vibrant Batavia requested $50,000 a year for three years. The council will review the progress of Vibrant Batavia after the first year and decide whether to fund it further.

"If it goes well, then you're second and third year discussions will be easier," Molino said. "If it doesn't go well, you discontinue it."

A family with four children lost their home this morning to fire after one of the children apparently knocked over a kerosene heater on the first floor.

The structure was not insured.

The father, Jesse Rosenbaum, suffered a minor back injury from jumping from the second floor. He was transported to UMMC for evaluation.

Before jumping, Rosenbaum lowered the four children from the roof over the front porch, helping them reach the ground safely.

None of the children were injured.

After the fire started, the children apparently ran from the first floor to the second floor. Investigators are unsure why the children went to the second floor rather than exit the house, but once they did, egress through the first floor was blocked by the fire.

The situation could have been much worse, said Pavilion Chief Paul Dougherty.

"They were very lucky to get out given that they ran to the second floor first," Dougherty said. "They could have easily been trapped on the second floor."

An instinct of young children, Dougherty said, is to run to a bedroom, where they think they will be safe.

The fire was reported at 10:10 a.m., when a passerby spotted flames and smoke. The initial emergency call went to Livingston County dispatchers.

The location, 8029 Telephone Road (Route 20) is less than a half mile from the county line.

The kerosene-fueled fire spread quickly and there was no hope of saving the structure by the time firefighters arrived.

“By the time we got here, fire was coming out almost every door and window, top and bottom floor," Dougherty said.

There was no attempt to fight the fire from the inside give how quickly the fire spread and that the first chiefs on scene were told everybody got out of the structure safely.

"Had somebody reported that there were still people inside that would have changed our thinking," Dougherty said. "Because this was not a life-threatening situation, and because the fire is already coming out to us, it kind of dictated an exterior attack."

Later in the fire, after firefighters were mainly dealing with smoldering hot spots, water supply became an issue. Pumper trucks were picking up water from a hydrant at Asbury Road, but the water pressure was low for some reason, even after Monroe County Water Authority was notified of the fire in progress.

The blaze was knocked down pretty quickly by Pavilion's engine, which has a brand-new compressor system to allow firefighters to use foam instead of water to fight a fire.

The foam doesn't evaporate as quickly as water and penetrates wood better, making for faster fire suppression.

The compressor just went into service Saturday.

"The foam system multiplies the capacity of the truck and we're able to get a much quicker knock down with a lot less water," Dougherty said.

Also responding to the fire were Le Roy, Bethany, South Byron, Stafford, Alexander, York and Caledonia with Bergen on standby. The Sheriff's Office, State Police, Mercy EMS and Genesee County Emergency Services provided scene support. City of Batavia's FAST Team also responded.

UPDATE: A little more information, and different information from a press release just put out by the Sheriff's Office. The press release says all four children were upstairs with Rosenbaum, age 26, when a 3-year-old went downstairs and discovered the fire. The home's owner is Teresa Martinez. She said the heater was operating when she left for work at 6:30 a.m.

To purchase prints, click the link in the slide show or Click Here.

A house fire has been reported at 8029 Telephone Road (Route 20), Pavilion.

The call initially came in through Livingston County.

A resident reportedly has a back injury.

Pavilion Fire Department with mutual aid from Le Roy, Alexander and neighboring counties requested along with City of Batavia FAST Team.

UPDATE 10:26 a.m. (updates by Billie): Asbury and Linwood roads are being shut down at Telephone. Caledonia is called to provide mutual aid and stand by in Le Roy's fire hall.

UPDATE 10:30 a.m.: Mercy Medic 1 has arrived to care for the patient. Caledonia is also called for all available equipment and manpower. York is called and Engine 5 from Wyoming County.

UPDATE 10:41 a.m.: The American Red Cross is being notified that aid will be needed for the residents.

UPDATE 10:49 a.m.: Bergen is standing by in its quarters and Mumford is standing by in Le Roy's hall. National Grid is on its way to the scene. The Red Cross will be advised that the residents are one adult and four children.

UPDATE 11:03 a.m.: National Grid is on scene. Fire command says "Let's cut a hole and get this thing ventilated." They're going to cut a hole in the roof to get the heat out and fight the fire on the second floor.

UPDATE 11:14 a.m.: A relative is said to be coming to the scene to take the children elsewhere.

UPDATE 11:18 a.m.: The firefighters will soon assemble at fire command so everyone can be accounted for. Operations at this point are at a standstill. Overhaul is the next step.

UPDATE 11:24 a.m.: Everyone is asked to come away from the structure immediately. Fire command is informed that there are no explosives or ammunition inside the house. But there are sounds of something popping inside.

UPDATE 11:32 a.m.: Bergen was released from standby in its quarters awhile ago.

UPDATE 11:36 a.m.: Overhaul is under way. They are dousing hot spots.

UPDATE 11:39 a.m.: A firefighter tells command he thinks "the popping sounds are just the house settling."

UPDATE 11:41 a.m.: The Red Cross representatives are going to the scene and from there will go to the hospital where the injured person was taken, not sure which hospital.

UPDATE 11:45 a.m.: According to the fire commander, all occupants are accounted for and safe. The fire is believed to have started when a child accidentally knocked over a kerosene heater on the first floor. The father got the kids out of a window on the second floor, then jumped out, injuring his back.

UPDATE 11:56 a.m.: "We've got an excavator coming that's going to tear (the structure) down and rip it apart."

UPDATE 12:04 p.m.: Wyoming County Correctional Facility is asked to send prisoners to the scene to help out. The Le Roy Fire Auxiliary is called to provide refreshments.

UPDATE 12:24 p.m.: Help from the correctional facility will not be needed and the request is cancelled.

UPDATE: Photos submitted by Julie Matusak:

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