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Minor power outages, minor accidents on a morning of light snow, cold and strong winds

By Howard B. Owens

The day started off with strong winds, a bit of snow and icy roads.

Crews were out early salting highways and law enforcement officers were dispatched to a few minor accidents, including a tractor-trailer that took out a power pole in the area of Texaco Town. Currently, some 61 National Grid customers in that area are without power.

There have also been reports of power and phone lines down in various parts of the county.

Winds are currently blowing at 25 mph with gusts up to 41 mph and strong winds are expected to continue for at least a couple more hours.

More light snow is possible.

Some snow is predicted for tonight with a light breeze.

There are currently two other power outages in Genesee County. One is in Elba and 21 customers are without power and in East Bethany, where 24 customers are without power.

In Pavilion, power should be restored by 11:30 a.m., in Elba by 10:30 a.m. In East Bethany, crews are assessing the situation.

Photo: Genesee ARC workers collect garbage in windy, 27-degree weather on Liberty Street.

Genesee ARC will receive tax-exempt status for West Main property after all

By Howard B. Owens

Genesee ARC will be able to claim its recycling center at 3785 W. Main St. Road, Batavia, as a tax-exempt property despite missing an important deadline.

According to the county's Deputy Treasurer Matt Landers the nonprofit organization failed to apply for tax-exempt status on the property by the tax status deadline date.

As a result, three local government agencies included in their budgets anticipated revenue from the 5.3-acre parcel, which has an accessed value of $860,000.

When ARC asked to receive tax-exempt status, Landers said his initial reaction was "no," because of the budget concerns.

Then a staff member found a legal opinion that states that an owner is eligible for reconsideration of tax-exempt status after a missed deadline if the assessor concurs in writing that the property was eligible on the tax status date.

The decision wipes out more than $30,000 of anticipated revenue for local governments.

Batavia City Schools anticipated in its 2012-2013 budget revenue of $21,543.07.

According to Landers, district officials, when faced with the revenue loss, double checked the legal opinion and reached the same conclusion as the county Assessor's Office.

The county was set to receive in 2013 $3,650.37 in Medicaid mandate taxes and another $4,189.84 in county property tax.

The Town of Batavia Fire District will see its revenue for 2013 drop by $2,012.36.

Genesee ARC held its grand opening for its new recycling facility on West Main, formally a location for Duro Shed, in September.

Man facing up to 11 years in prison for grand larceny pleads not guilty to new burglary counts

By Howard B. Owens

An Alexander resident -- who has already admitted to grand larceny in Wyoming County, and is facing prior theft charges locally -- entered a not guilty plea in Genesee County Court today to two new burglary counts.

Nicholas A. Antonucci, 25, of 4192 Broadway Road, who is being held in Wyoming County Jail pending his sentencing Feb. 21, made a brief appearance before Judge Robert C. Noonan this afternoon.

Antonucci was indicted by the grand jury a week ago on two new counts of burglary in the second degree, stemming from two alleged break-ins at a residence in Darien.

In Genesee County, he was already facing incharges of burglary, 2nd, grand larceny, 3rd, and grand larceny, 4th.

On Nov. 26, in Wyoming County Court, Antonucci entered a guilty plea to grand larceny, 3rd, and grand larceny, 4th. His original indictment also included a count of burglary, 3rd.

He faces from three and two-thirds to 11 years in state prison on the Wyoming County conviction, to be served concurrently with any sentence he might receive in Genesee County on the original set of charges.

The Wyoming County plea satisifies all of the charges in that county against him.

High winds, with gusts up to 60 mph, expected tonight through 4 p.m. Thursday

By Billie Owens

A high-wind warning will be in effect from 7 tonight until 4 o'clock Thursday afternoon, according to the National Weather Service in Buffalo.

The strongest winds are expected late tonight through early afternoon Thursday. Winds will be coming from the southwest at 30 to 40 mph, with gusts up to 60 mph.

Winds of this magnitude will likely bring down a few trees and possibly result in scattered power outages. Driving in high profile vehicles will be difficult, the weather service says.

Two people injured in accident at Lewiston and West Main

By Howard B. Owens

Two people were injured Tuesday when their cars hit at the intersection of West Main Street and Lewiston Road, Batavia.

One driver said the light was red when he was attempting to make his left-hand turn,and the other driver said the light was yellow as he proceeded westbound on Route 5.

No citations were issued following the accident, which was reported at 7:40 p.m.

The driver of the first car is identified as David Pfenninger Jr., 34, of Bennett Road, Alexander.

The driver of the second vehicle is identified as Jacob Mark Finkney, 19, of Gabbey Road, Corfu.

Two passengers in Pfenninger's vehicle were injured. Jessica L. Miles, 31, and Jordana A. Miles, 14, were both transported to UMMC.

The accident was investigated by Deputy Tim Wescott.

(Initial Report)

Law and Order: Le Roy man accused of using stolen debit card

By Howard B. Owens

Thomas Ianello Jr., 27, of 8 St. Marks St., Le Roy, is charged with criminal possession of stolen property, 4th, and petit larceny. Ianello is accused of wrongfully possessing a debit card belonging to another person and then using that debit card to make withdrawals. Ianello was released under supervision of Genesee Justice.

Cara Leigh Skye, 24, of South Loop, Steamburg, is charged with a felony count of bail jumping. Skye allegedly failed to appear for a court case in Alabama Town Court. Bail was set at $6,000.

Visitor access points for UMMC reduced on nights and weekends

By Howard B. Owens

Press release:

United Memorial Medical Center will restrict visitor entrance points to the facility during evenings and weekends in an effort to better manage hospital security.

Beginning Feb. 4, the main entrance to the hospital will close at 7 p.m. on weekdays and be closed on weekends. The Summit Street Entrance will close at 9 p.m. each day. Visitors to United Memorial after 7 p.m., Monday through Friday, should use the Summit Street Entrance until 9 p.m. or the Emergency Room Entrance. All visitors on Saturday or Sunday should use the Emergency Room Entrance.

United Memorial recently completed renovations to allow visitor access to the main hospital from the Emergency Department. Signs will be placed in the hallways to assist locating your destination.

“For security and general safety, it is important to monitor building activity,” said Daniel Ireland, COO of United Memorial. “We want to protect the well-being of our patients and understand the importance visitors have in the healing process. Reducing access points to the facility during non-peak hours of operation, allows us to have a manageable span of control and maintains visitor hours for our patients.”

Visiting hours at United Memorial are from 9 a.m. to 9 pm; with the exception of Maternity which is from 1 to 8:30 p.m.

Ranzenhofer announces committee assignments for new term

By Howard B. Owens

Press release:

State Senator Michael H. Ranzenhofer (R, C, I – Amherst) has been appointed to serve as chairman of the Corporations, Authorities and Commissions Committee for another legislative session.

“As chair of the Corporations Committee, over 25 defunct, inactive commissions have been dissolved, and 45 other good government bills have been enacted into law to positively impact authorities and commissions, as well as private corporations all across the state. I look forward to 2013 to continue the important work of this committee,” Ranzenhofer said.

Senate Republican Conference Leader Dean Skelos said "Senator Ranzenhofer has a strong sense of fiscal responsibility that has helped us reduce state spending in two consecutive budgets. He is a very strong advocate for a state spending cap and has fought to consolidate and shrink the government bureaucracy. I am confident that he will continue his excellent service as chair of the Corporations Committee and as a new member of the Senate Finance Committee."

Senator Ranzenhofer has also been appointed to the following Senate Standing Committees: Agriculture, Banks, Education, Finance, Judiciary, Racing, Gaming and Wagering, and Transportation.

“One of my top priorities has been to cut state spending,” Ranzenhofer said. “While the last two budgets have reduced overall expenditures, more work needs to be done to ensure the state spends within its means. As a member of the Finance Committee, I’ll be able to go over the fiscal impact of legislation with a fine-tooth comb.”

An official list of legislative meetings for Senate Standing Committees is available at nysenate.gov/committees.

The 61st Senate District encompasses: the towns of Amherst, Clarence, and Newstead and the villages of Akron and Williamsville in Erie County; all of Genesee County; and the towns of Chili and Riga, the Village of Churchville and part of the City of Rochester in Monroe County.

Join now and receive a bonus $20 or $25 gift certificate to a local restaurant

By Howard B. Owens

It's a Deal of the Day grab bag -- join The Batavian Club now and we'll mail you a free, bonus gift certificate from a local restaurant. We'll randomly select a gift certificate from what we normally sell for deal of the day.

The value will be either for $20 or $25.

This is savings to you on top of the $303 in gift certificates you'll receive in your membership package.

If you would rather phone in your credit card information to (585) 250-4118, the noon deadline applies. If mailing a check or your credit card information, the membership form must be received no later than Saturday's mail drop at our office.

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

Monthly Single Membership - $5 per month
Includes membership card and bumper sticker, package of gift certificates to local businesses.

 

Monthly Household Membership - $10 per month
Includes two membership cards and two bumper stickers, one package of gift certificates to local businesses.

 

Annual Single Membership - $50 per year
Includes membership card, bumper sticker, package of gift certificates to local businesses.

 

Annual Household Membership - $100 per year
Includes two membership cards and two bumper stickers, one package of gift certificates to local businesses.

 

Annual membership, one payment of $60
Includes membership card, bumper sticker, package of gift certificates to local businesses.

Annual household membership, one payment of $120
Includes two membership cards, bumper sticker, one package of gift certificates to local businesses.

 

Notre Dame hammers Kendall as Rapone earns 600th Win

By Nick Sabato

Notre Dame capitalized on a 14-2 run at the end of the first quarter to pull away from Kendall and earn head coach Mike Rapone his 600th career victory, 87-49.

After Kendall’s Dan Kelly connected on a three-pointer to tie the game at seven with two minutes remaining in the opening frame, the Fighting Irish came alive, scoring eight straight.

Jared Thornton scored the first six on the run, which was capped by an emphatic right-handed dunk by Tim McCulley to end the quarter.

Notre Dame never looked back.

Rapone became only the ninth coach in New York State history to achieve 600 wins, making Notre Dame Section V’s all-time leader in wins during the open-tournament era.

“For me, it’s a culmination of working with a lot of great young players and a lot of longevity,” Rapone said. “I hope that I impacted their lives in a little way as they matured into young men.”

Since becoming the head coach in 1980, Rapone has won 29 Genesee Region League Championships, eight Section V titles, five Far West Regional Championships and two State Championships.

Rapone became the all-time leader in Section V history in 2008, passing longtime Bishop Kearney coach Ed Nietopski with his 546th win, ironically against Kendall.

Despite the numerous accolades and number of wins, Rapone finds that working with his players on a day-to-day basis is just as rewarding as winning games.

“Winning is fun and it certainly makes coaching a lot easier, but just being out here every day with the guys is a good time and we work at it,” Rapone said.

One player who has had a chance to experience several milestones in the coach’s career is senior guard Vin Misiti, who has been a member of the Notre Dame basketball program since fourth grade when he became a team manager before becoming a player.

“It’s special. I’ve been watching him coach and watching Notre Dame teams for as long as I can remember,” Misiti said. “It’s just special to be a member of one of the many milestones for the school.”

Tommy Prospero poured in a game-high 28 points while adding eight rebounds and four steals for Notre Dame (14-0). Thornton also had a strong outing with 21 points, four rebounds, four assists, three steals and three blocks while McCulley chipped in 19 points, 13 rebounds and three blocks.

“We continue to improve every week, which is what we want to do,” Rapone said. “Next week will tell a lot about us as we play Wheatland-Chili and University Prep to see if we are ready to take the next step.”

Kelly had a team-high 17 points for Kendall (7-6), as their five-game winning streak came to an end.

Photos by Howard Owens

To purchase prints of any of these photos or the ones in the slide show below, click here.

Car crash at West Main and Lewiston

By Billie Owens

A motor-vehicle accident is reported at West Main Street and Lewiston Road. Town of Batavia Fire Department is called to respond along with Mercy medics.

UPDATE 7:45 p.m.: There was air bag deployment on one vehicle. Two injuries are reported -- one person with a head injury and another with lower leg pain.

UPDATE 8:02 p.m.: An adult female who suffered "a whack on the top of the head" has arrived at UMMC along with a 14-year-old who has knee pain. The accident was a "low speed" incident.

Group seeks $50K from city for three years to help improve quality of life in Batavia

By Howard B. Owens

A committee that was asked by the city council to come up with a plan for improving the quality of life in Batavia delivered a report Monday night asking the city to commit to $50,000 annually to support the effort.

"Vibrant Batavia" is the product of a recommendation by consultants from czb, LLC, which initially recommended something similar, but at a higher cost and over a longer period of time.

The Vibrant Batavia Committee plan is a three-year effort culminating in Batavia's centennial celebration in 2015.

The $150,000 would be combined with $86,000 the group would raise -- with the money going primarily to a marketing campaign and hiring a part-time coordinator -- for the project.

"We really want to develop a powerful brand story for Batavia that will really foster pride in the community," said Marty McDonald, a committee member, who joined Brian Kemp for the presentation to the council.

Everything hinges on the build up to the centennial celebration, said Councilman Kris Doeringer, who also served on the committee.

The celebration will help attract sponsors to contribute to the $86,000 goal; it will bring out volunteers who will get involved in block clubs and other neighborhood efforts; it will help develop a marketing message for Batavia.

"All of those things will happen with the goal in mind of the centennial celebration," Doeringer said. "Remember, all of this hinges on coming together because we're shooting for that one goal."

Kemp said a marketing effort is needed for Batavia because there isn't one now, and such an effort would be aimed both at residents to help them better appreciate what we have, and at outsiders to help convince them to relocate here or bring businesses here.

McDonald said it's time to respond to all of the negative voices that try to bring Batavia down.

"I just get so tired sometimes of hearing the voices of the people who say all the negative things," McDonald said. "I want to get up on the biggest platform and say, 'Hey, we live in a great place.' "

Council President Tim Buckley praised the effort and said it is important enough to keep it going.

"Obviously, this is budget time and like anything else, it's a tough time, but I don't want to see Vibrant Batavia go away," Buckley said. "I don't want to lose this. I don't know where we're going to come up with $50,000 for three years, but we're going to try."

In our near weather future: thunder, rain, wind, cold and snow

By Howard B. Owens

It wouldn't be Western New York if the weather didn't get a little strange, and we're going to be in for a bit of a ride the next few days.

Tonight the forecast is for thunderstorms.

Tomorrow, from 6 a.m. to 1 p.m., there's a wind advisory with winds from the southwest at 25 to 35 mph and gusts up to 55 mph -- and the possibility of thunderstorms.

By Thursday evening, snow, and possibly heavy snow, with strong winds. The forecast through Sunday is for snow and cold, with both being heavy and strong at times.

Council gets progress report on business development efforts in Batavia

By Howard B. Owens

The Batavia Development Corp. helped create 12 new full-time jobs in Batavia in 2012, according to a report given to the city council by Economic Development Coordinator Julie Pacatte.

The BDC invested $146,555 in local businesses to leverage another $131,787 in private investment, for a total investment in business growth of $278,342.

The effort helped fill about 20,000 square feet of retail and office space downtown.

The agency also administered the city's building improvement program, based on a state grant.

The $460,000 grant program is being combined with a projected $1.4 million in investment by property owners. So far, four of six projects have been completed, including brick work on the Masonic Temple and a new facade on the PennySaver building at the corner of Liberty and East Main streets.

Among the priorities for the BDC in 2013:

  • Carr's warehouse redevelopment
  • Advance the Batavia Opportunity Area
  • Co-host creative thinking and entreprenuerial workshops
  • Recapitalize loan funds
  • Help businesses navigate planning and zoning
  • Advance the "Vibrant Batavia" efforts

Among the specific items discussed is an effort to use the Harvester Center to incubate food-processing businesses that might some day move up to the Genesee Valley Agri-Business Park or provide support for businesses in the park.

No will on council to enforce snow shoveling ordinance

By Howard B. Owens

City Council President Tim Buckley doesn't think the city should levy fines against residents who don't remove snow from the sidewalks in front of their homes, and that's pretty much how the discussion ended Monday night.

"I don't want to be fingering residents for not shoveling sidewalks because we don't know what the situation is a lot of the time," Buckley said.

As council members discussed, the residents could be elderly, away on vacation or sick.

The discussion about snow removal was placed on the agenda because the issue had been raised at a prior council meeting and City Manager Jason Molino provided council members with a copy of the municipal code.

The code states that each resident is responsible for snow removal within a reasonable amount of time following a snowstorm. Failure to remove snow could result in a fine, under the language of the law.

The city has not typically enforced the law, Molino said, because it would need to be enforced uniformly and sometimes there are circumstances that prevent a resident from removing snow.

He said it's a "tricky" law to enforce.

Earlier in the meeting, during the trash discussion, Batavia resident Kyle Couchman mentioned a comment he said he'd read on The Batavian about a council member's response to someone who complained about a neighbor's plow driver piling snow on his sidewalk. The council member reportedly told the constituent to contact the neighbor.

Couchman said he found the suggestion arrogant. It should be up to the city to enforce its laws, Couchman said, not residents.

Kris Doeringer said that he figures he was the "arrogant" council member.

The point he said he was trying to make to the resident was to try contacting a neighbor first to resolve a conflict rather than getting the government involved.

"I would just like to see issues resolved in an amiable manner without the city involved and fining people," Doeringer said.

Only Councilwoman Rose Mary Christian came out strongly in favor of cracking down on people who don't shovel their walks.

"If people weren't so damn lazy and get off their seats and doing things like start shoveling snow, we might have a better community," Christian said.

Batavia council discusses 'assault weapons' at Monday's session

By Howard B. Owens

An effort by Councilwoman Rose Mary Christian at Monday's city council meeting to garner support for an assault weapon's ban got a mixed response.

Christian, along with members Patti Pacino and Pierluigi Cipollone both questioned why anybody would need to own an "assault weapon," while all three said they support the Second Amendment.

Members Kathy Briggs, Brooks Hawley and Jim Russell all said supporting the Second Amendment meant not going after anybody's weapons.

Nobody questioned whether it was really the place for the Batavia City Council to take up the issue.

"Only police departments and the military should have assault weapons," Christian said.

She also said the council should encourage schools to install bulletproof glass in doors and windows.

Briggs followed Christian and said she completely disagreed with Christian on the issue.

An effort to ban one kind of gun opens to the door for other bans and undermines the Second Amendment, Briggs said.

For Russell, banning assault rifles is just a "Band-Aid" approach.

"I don't think the solution is to ban guns," Russell said. "It doesn't address the real issue."

Answering the suggestion that while hunters may not need "assault rifles," competitive shooters do, Cipollone said that even competitive shooters shouldn't own such guns. The venue that hosts the competition should own the guns and loan them to the competitors, he said, and collect guns at the end of the competition.

No vote was taken by the council on the issue.

Child molester sentenced for second sexual abuse act

By Alecia Kaus

James L. Little Jr., 41, formerly of Batavia, had three and-a-half more years added onto his 15-year prison term today after Judge Robert Noonan sentenced him in Genesee County Court.

Little entered a guilty plea to molesting a second child under the age of 11 in November. He will now serve 18 1/2 years in state prison.

Appearing with his attorney, William Harper, in Genesee County Court for sentencing this morning, Little told the court he was "sorry for the family."  

Little appeared unkept and had a scruffy beard. He was escorted by state correction officers.

Noonan told Little he needs to go away for a long time.

Little is currently serving a 15-year prison term for sexually abusing a toddler last March.

After he was sentenced on that charge, Batavia Police were made aware of a second sexual-abuse victim who is under the age of 11.

Just last week, a 56-year old Pembroke woman, Beverly Hensel was sentenced to 10 years probation and intermittent jail time for possession of sexual performance of a child. Hensel reportedly supplied Little with six DVD's full of child pornography.

Little and Hensel met in a Corfu bar in 2008.

District Attorney Larry Friedman said, "The main concern here is recidivism --  the concern that when he gets out other children will be at risk. That's why the judge felt the need to incarcerate as long as possible."

Tickets on sale for HomeCare & Hospice Mardi Gras at Batavia Downs

By Billie Owens

Tickets are now on sale for HomeCare & Hospice’s Second Annual Mardi Gras celebration Feb. 16 at Batavia Downs Clubhouse. Proceeds from the event will benefit the HomeCare & Hospice Foundation.

“Join us for the best night of the year," said Linda Cummings, development manager for HomeCare & Hospice. "You will be supporting one of our community’s most needed services. Hospice has touched the lives of so many in our community. Your support will help us to continue providing outstanding services."

Tickets are $35, which includes $15 in free casino play and a New Orleans-style sit-down dinner. Doors will open at 6 p.m. and dinner will be served at 6:30 p.m. A cash bar will be available all evening. The evening will also include live entertainment by M.A.C. and -1, as well as a Chinese auction.

To order tickets visit <http://www.homecare-hospice.org> or call Ms. Cummings at 1-877-277-2615.

HomeCare & Hospice, a nonprofit United Way agency, provides specialized medical care and social/emotional support for patients and families coping with life-limiting illness in Allegany, Cattaraugus, Genesee and Wyoming counties. This institution is an equal opportunity provider and employer.

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