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Third suspect charged in alleged theft of copper wire from Dolomite

By Howard B. Owens

A third suspect has been accused of stealing copper wire from Dolomite's Gulf Road facility.

Joseph Paul Pratt, 18, of Church Street, Le Roy, has been charged with burglary, 3rd, criminal mischief, 2nd, and grand larceny, 3rd, all felonies.

Earlier this week, Michael A. Nicometo 28, 45 North St., Le Roy, and Jonathan D. Smeak, 22, of State Street Road, Batavia, were arrested on similar charges.

The arrests stem from an investigation by Deputy Joseph Graff and Deputy John Duyssen into a report of large amounts of copper wire disappearing from the Dolomite facility.

The thefts caused $32,000 in damage to Dolomite's electrical system.

Pratt, who is already being held on other charges, was arraigned in Town of Batavia Court and returned to the Genesee County Jail.

The investigation is ongoing, according to the Sheriff's Office.

Nicometo is also a suspect in a series of thefts of live electrical wire from industrial facilities in Le Roy.

Person reportedly suffers leg injury in accident on Bank Street Road

By Howard B. Owens

A person has reportedly suffered a minor leg injury in a two-car motor-vehicle accident on Bank Street Road near West Saile Drive.

Town of Batavia fire and Mercy EMS responding.

A deputy responding reports that wind has blowing snow over the roadway and "it's just a sheet of ice."

UPDATE 5:59 p.m.: Northbound Bank Street Road being shut down.

Local and national companies lining up to compete for Batavia's residential trash business

By Howard B. Owens

The Batavia City Council is scheduled to vote on a revised solid waste law that will "get the city out of the trash business" starting June 1, and if that happens, there are private haulers ready to try and woo new customers in the city.

Genesee ARC, of course, has said the agency will continue to offer trash collection service in Batavia, and also plans to expand into other parts of the county.

In a survey of other regional trash haulers, two companies said they plan to compete for customers, a third is considering it, a fourth has no comment and two others couldn't be reached for comment.

Ready to jump into the market are Waste Management, one of the largest trash haulers in the nation, and Town of Alabama-based PSI. Both said they plan to offer residential trash service in Batavia.

Erik Grimm, owner of Suburban Disposal, based in Monroe County, hadn't been aware of the proposed change for garbage pick-up in Batavia, but once he learned about it said it was something his company would research and consider.

"There are economies of scale in the collection industry and without proper route density, there isn't a viable service delivery strategy," Grimm said, adding that his company would have to quantify the risk of opening up routes in Batavia and determine if enough business could be generated to begin operations in the city.

The 28 years of experience Genesee ARC has collecting trash in the city and the obvious loyalty many local residents have for ARC would be one of the risk factors in any business calculation, Grimm said.

"Some level of loyalty is something we would have to think about, absolutely," Grimm said.

Lori Caso, WNY spokeswoman for Waste Management issued the following statement when asked about her company's plans:

Yes, it’s our understanding that Batavia is in the process of creating an open market area. Yes, Waste Management is interested in providing service to the area. In fact, we are in the process of creating a special dedicated phone number to give them priority service.

Both Waste Management and Suburban would offer the kind of automated tote pick up the city tried to institute with a proposed trash ordinance that was shot down by the council three weeks ago.

Allied Republic would have won that contract had the new law passed. John McGoran, manager of municipal services for Allied, did not respond to phone messages asking about his company's plans for Batavia.

Depending on Monday's vote, PSI is ready to offer trash service in Batavia, said owner Pete Stanley.

PSI works out of facilities in Alabama and is currently the contracted disposal service for the Village of Le Roy and Town of Alabama and has customers in Erie County and Attica.

Stanley said his company has always been supportive of ARC and delivers to ARC a lot of recycling material that it picks up.

He said he made his plans to offer trash service to residents of Batavia without knowing that ARC planned to continue to offer trash service, but he said it will be up to residents to decide who they want to do business with.

What PSI offers isn't much different from ARC's service -- using trash cans, bags and bins.

"I'm not going to low ball a number to get the work if (ARC is) going to be out there," Stanley said. "I'm going to offer a number that's reasonable because it costs money to run those trucks. I'm going to put my number out there and if people want to come to us that’s fine."

Dave Boon, of Boon and Sons, which partnered with ARC on a bid for the contracted tote system that was rejected by the City Council, did not return phone messages.

Tom Moran, of Youngblood Disposal, based in Rochester, said he had no comment at this time.

The other option for city residents will be for them to deliver their own bags of garbage to transfer stations.

Bruce Scofield, of Scofield Roll-Off Service, has already started advertising his transfer station in Stafford as a possible garbage drop-off point.

He said for a couple bucks a bag, residents who don't generate a lot of trash -- such as older residents without children -- could save a good deal of money by using a transfer station such as his rather than contract with a refuse collection company.

Donna Saskowski, executive director of Genesee ARC, said she can't discuss details of the ARC's new business operation will be until it's approved by the board next week, but she did say ARC was definitely planning to compete for customers in Batavia.

"I have no doubt we'll be competitive," Saskowski said, citing the hometown location and solid reputation as a trustworthy company as probable competitive advantages.

Of course, many people have said they will stick with ARC because they support what ARC does for local residents, even if it costs a little more. Saskowski indicated though that she realizes it will take more than loyalty to build a business.

"We've gotten a lot of very excellent support from many people in the city," Saskowski said. "For most people, if they're not particularly moved by our mission, it's going to come down to price."

UPDATE: Dave Boon called back and said he's been out of town. At this time, Boon and Son has no intention of going into the trash business in Batavia. Boon said he respects what ARC does and it would feel like "backdooring" them to come into Batavia after working on a partnership agreement for the previous bid.  "I'm not looking to come out and step on their toes," he said.

Two-car crash on Lewiston Road

By Billie Owens

A two-car accident with injuries is reported at 7697 Lewiston Road. One person is said to have facial injuries and cuts, but is out of the vehicle. Oakfield Fire Department is responding, along with Mercy medics.

UPDATE 12:27 p.m.: Responders have discovered this is actually two separate accidents, each involving only one vehicle. The location of the second accident is 7714 Lewiston Road and there are two people involved, both of whom will be sign-offs. Town of Batavia Fire Department is responding. Fire police will shut down southbound Route 63 at Batavia-Oakfield Townline Road.

UPDATE 12:32 p.m.: Oakfield will handle both accidents. Town of Batavia can remain in quarters.

UPDATE 12:48 p.m.: Oakfield is back in service and the road is reopened.

Trailer for Bill Kauffman's 'Copperhead' released, film opens June 28

By Howard B. Owens

A screenplay by local author Bill Kauffman has been turned into a major motion picture and today the official trailer was released by the studio.

"Copperhead," set in Civil War-era Upstate New York, deals with the wars effects on people far removed from the battlefields.

The film opens nationally in theaters June 28.

The subject matter of the film -- a seldom portrayed aspect of Civil War America -- may be well-timed following the box office and critical success of the movie "Lincoln."

Copperhead stars Billy Campbell, Peter Fonda, Augustus Prew and Angus Macfadyen and is directed by Ronald F. Maxwell. The screenplay is an adaptation of a novel by Harold Frederic. Frederic, of Utica, wrote "The Copperhead" in 1893.

Kauffman, born in Batavia and a resident of Elba, is the author of "Dispatches from the Muckdog Gazette" and eight other books.

Photos: Firefighters train on Ladder 15 in the cold and snow

By Howard B. Owens

A bit of cold and snow didn't stop City firefighters from doing a little ladder truck training today outside the fire hall on Evans Street.

We can expect another inch or two of snow today, the third day of spring, but don't expect this period of cold and snow to end anytime soon. Forecasters with the National Weather Service expect snow and cold to last until April, with a short break for a little sunshine over the weekend.

The good news might be: Warmer than average temperatures in April, if that forecast holds.

Law and Order: Jackson Street couple accused of filing false robbery report

By Howard B. Owens

Tiffany M. Sprague, 31, and Kevin J. Fickel, 31, of 102 Jackson St., Batavia, are charged with falsely reporting an incident 3rd. Sprague and Fickel are accused of reporting a robbery where the assailant displayed a knife March 16. A police investigation concluded the incident did not occur. 

Jerome S. Dennis II, 26, of 541 LaSalle Ave., Buffalo, is charged with criminal contempt, endangering the welfare of a child and aggravated harassment 2nd. Dennis is accused of violating a stay away order of protection by repeatedly texting the protected party and then showing up at the residence of the person. Dennis is also accused of grabbing a child by the arm and then setting the barefoot one-year-old on the sidewalk in 27 degree weather.

Two men accused of doing $32K in damage to Dolomite facility while stealing copper wire

By Howard B. Owens

A Le Roy resident recently accused of stealing live high voltage wire from industrial facilities in Genesee and Monroe counties is facing a new accusation stemming from the alleged theft of stealing copper wire from Dolomite, 8250 Gulf Road, Le Roy.

This time, Michael A. Nicometo 28, 45 North St., Le Roy, allegedly had a partner.

Also arrested following the Sheriff's Office investigation was Jonathan D. Smeak, 22, of State Street Road, Batavia.

Both men are charged with three felonies: burglary, 3rd, criminal mischief, 2nd, and grand larceny, 3rd.

The two men are accused of doing $32,000 in damage to Dolomite's electrical system.

The Sheriff's Office began investigating the case after receiving reports of a large amount of copper wire being cut from the facility in January and February.

Nicometo was arrested earlier this month and charged with burglary in the third degree, a Class D felony, grand larceny in the second degree, a Class C felony, and criminal mischief in the second degree, a Class D felony.

He was accused of stealing high voltage wire that was still live from buildings in Le Roy.

Charge dropped against Oakfield firefighter accused of stealing water from village

By Howard B. Owens

A 42-year veteran of the Oakfield Volunteer Fire Department, who was accused earlier this month of stealing water from the Village of Oakfield, has been cleared of the charge.

Robert Augustus Hilchey, 60, of North Pearl Street, Oakfield, said that Town Justice Thomas Graham called him at 11 a.m. and informed him all charges have been dropped and that the court records on the case have been sealed.

Hilchey shared a copy of an e-mail sent by Assistant District Attorney Will Zickl to Graham asking that the charge be dismissed.

"Based upon information our office has received from the Village of Oakfield, the people request that the charge in the above captioned case be dismissed," Zickl wrote in the e-mail.

Hilchey was accused of theft of services on the belief that he had attached a new valve to the fire department's water system that allowed water to be diverted before it reached the water meter.

In a message sent to The Batavian today, Hilchey said he made repairs that were approved by the fire department board.

"I repaired two valves," he said. "At no time did I add an additional line before the meter. We had one garden hose bib and we still have one garden hose bib."

Last week, the fire department board shared an open letter to the village asking that the charges against Hilchey being dropped, saying that Hilchey had acted at the behest of the board.

Most recent labor report for Genesee County: Jobs down, unemployment up

By Howard B. Owens

The most recent jobs report numbers for Genesee County aren't as healthy as in some months past.

Between December 2012 and January 2013, Genesee County lost 3,600 non-farm jobs, and there were 100 fewer jobs than January 2012.

At the same time, the county's unemployment rate climbed, reaching 9.5 percent, up from 9.4 percent the previous month and 8.2 percent a year earlier.

There are currently 28,500 people in the county with jobs, and the number of jobs in the county is an estimated 21,400.

A year ago, the jobs number was 21,500.

Neighboring counties' unemployment rates:

  • Livingston, 10.4
  • Orleans, 12.4
  • Wyoming, 11.2 percent

Unemployment in NYS has climbed year over year from 9.1 percent to 9.4, while the nation's rate has dropped from 8.8 percent to 8.5 percent.

Photos: Batavia Kiwanis receive donation for CAC home and welcomes six new members

By Howard B. Owens

It was a banner day at the weekly meeting of the Kiwanis Club of Batavia, with a donation in support of the club's long-term project and six new members joining the club on a single day.

Charlene Schoenenberger, representing the Le Roy, Pavilion, Stafford club presented the Batavia club with a $1,365 check. The donation assists the Batavia club toward raising $150,000 for the Child Advocacy Center to build a new facility. The Batavia club is raising $100,000 and the other area Kiwanis clubs are being asked to chip in $50,000.

So far, $80,000 has been raised.

President Ed Minardo (above with Schoenenberger) said six members joining on the same day was probably a record for the club.

New members with their sponsors: From left, Gary Maha and new member (and returning member) Susan Maha; Past President David Chua and Rick Dunn; Jay Nickerson and new member Mike Rimer; Myra Schroeder with sponsor Jeanne Walton; Shannon Ford and Joycelyn Sikorski with sponsor President Ed Minardo.

Photo: Chihuahua 'Belle' still missing in Batavia

By Howard B. Owens

Heather Klein is still looking for help in locating her missing chihuahua, Belle, who ran from her kennel March 17.

Belle split without her collar on and was last seen at Main and River streets, with sightings at Birchwood, Dewey and Woodrow. She is the color of a deer with white on her neck. She weighs five pounds and is 5 years old and is skittish.

Klein is offering a reward for her safe return.

Heather can be reached at (585) 993-1050.

Law and Order: Four DWI charges

By Howard B. Owens

Richard T. Gross, 49, of Wyoming, is charged with DWI, open container and driving with no brake light. Gross was stopped by Le Roy PD.

Scott M. Dickson Jr., 27, of Le Roy, is charged with DWI and driving with a BAC of .18 or greater. Dickson was stopped by Le Roy PD for questioning related to a suspicious condition.

Timothy J. Sattora, 48, of Avon, is charged with driving while ability impaired by drugs. Sattora was stopped by Le Roy PD for allegedly speeding. He allegedly possessed a small amount of marijuana.

Jason Rex Forkey, 32, of Trumbull Parkway, Batavia, is charged with DWI, speeding and using a mobile phone while driving. Forkey was stopped at 6:35 a.m. Wednesday on Route 33, Stafford, by Deputy Joseph Corona.

Thomas Scott Spencer, 45, of West Bethany Road, Alexander, is charged with criminal obstruction of breathing. Spencer was arrested in connection with an event reported at 7:30 p.m., Feb. 23.

Christopher Lynn Allison, 18, of Hickox Road, Alexander, is charged with unlawful possession of marijuana and unlawful possession of alcohol under age 21. Allison was charged following a check by Deputy Joseph Corona of a disabled vehicle at 1:17 a.m. Tuesday on Main Street, Pembroke.

Willie J. Miles Jr., 49, of 45 Washington Ave., Batavia, is charged with criminal contempt, 2nd. Miles allegedly violated an order of protection by sending numerous text messages to the protected party.

Ashley J. Ziminski, 23, of 25 Franklin St., Batavia, is charged with DWI and driving with a BAC of .08 or greater. Ziminski was stopped by Sgt. Dan Coffey at 4:20 a.m., after Batavia PD received a report of an erratic driver.

Task Force searches residence on Maple Street, allegedly finds crack cocaine

By Howard B. Owens

A search of a residence at 16 Maple St., Batavia, allegedly uncovered a quantity of crack cocaine and marijuana leading to the arrest of two people, including on a drug dealing charge.

Taken into custody were Jonathan C. "Jay" Hoges, 30, of Bank Street, Batavia, and Ellen M. Martinez, 25, of Maple Street, Batavia.

The Local Drug Enforcement Task Force executed the search warrant on Wednesday evening.

Hoges was charged with criminal possession of a controlled substance, 3rd, a Class B felony, criminal possession of a controlled substance, 4th, a Class C felony, unlawful possession of marijuana, and criminally using drug paraphernalia, 2nd, a misdemeanor.

The top count is based on an allegation that Hoges possessed drugs with the intent to sell the drugs.

He was ordered held without bail.

Martinez was charged with criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, and unlawful possession of marijuana.

Martinez was issued an appearance ticket.

Batavia PD and uniformed deputies assisted in the search.

Man reportedly falls 20 feet from tree at residence in Le Roy

By Howard B. Owens

An adult male has reportedly fallen 20 feet from a tree at a residence on Clay Street, Le Roy.

Le Roy fire and ambulance dispatched.

Mercy EMS also dispatched.

The man is reportedly conscious.

Mercy Flight is available if needed.

UPDATE: The man was taken by ambulance to an area hospital.

BHS Alumni announce formation of gridiron club to support Batavia's football program

By Howard B. Owens

Press release:

A group of Batavia High School alumni are creating a BHS football alumni club. The Blue Devils Gridiron Club is an organization of current and former players, parents, families, coaches, and friends who provide financial support and volunteer services for a wide variety of functions in coordination with the Batavia High School football program.

This year’s Gridiron Club events will be held on Saturday, Aug. 3 and Sunday, Aug. 4. The events will include a golf tournament, an open house and a family day at VanDetta Stadium. There will be several levels of membership available. The primary goals of the club are to foster a positive atmosphere for current players, provide financial support to the football program, provide networking opportunities for alumni, and create connections to keep the Blue Devil spirit alive. 

For more information or to obtain a membership application please contact the Head Varsity Coach Brennan Briggs at Bataviafootballalumni@yahoo.com or Class of 1982 Alumni Pat Salvador at (315) 317-6365. You can also visit us on face book by searching Batavia Blue Devils.

Batavia and Pembroke come out on top in semi-finals of Mock Trial tournament

By Howard B. Owens

Batavia High School beat Alexander on Wednesday evening in a Mock Trial competition held in the Livingston County Courthouse and will move on to the area final competition Monday in Warsaw.

Batavia will face Pembroke, who beat Byron-Bergen.

The four teams squared off in two-round competitions, with each side trying a case once as the plaintiff and once as the defense.

Batavia won both rounds against Alexander, scoring 114 points to Alexander's 105.

Pembroke also won both sides, with a score of 90 points against 82 for Byron-Bergen.

The case this year is a civil suit between a computer student who feels a private college offering programing degrees misled him about the quality of education he/she would receive and the prospects for employment post-graduation.

The cases were presided over by Livingston County Court judges Robert Wiggins and Thomas Moran.

The photos are from the first round between Batavia and Alexander, with Batavia in the plaintiff role and Alexander on defense.

Batavia's plaintiff team: Kaitlin Logsdon, Matt Gabriele and Beth Bennon as attorneys and Brandon Smart, Dylan Beckman and Chelsea Jensen as witnesses. Alexander's defense attorneys were Kaeleigh Bean, Felicia Rynkowski and Deven Blowers, with witnesses Audrey Browne, Evelyn Aubrey, Katie Wolfley and Karl Kunze (on both sides).

On defense for Batavia were Trey Abdella, McKenzie Stevens and Danielle Quinn, with witnesses Eric Dilaura, Katie Keiser and Cara Randall. Alexander's plaintiff attorneys were Russell Brinkman, Justin Zito and Samantha James.

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To purchase prints of these photos, click here.

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