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Law and Order: Suspect accused of wielding shovel to damage cars, threaten person

By Howard B. Owens

Catherine E. Peet, 58, of Elmwood Avenue, Rochester, is charged with criminal mischief, 4th, criminal possession of a weapon, and menacing, 2nd. Peet allegedly damaged two vehicles with a shovel and threatened a person with that shovel during an incident reported at 9:35 a.m., Jan. 30, 2016 at a residence on Colorado Avenue, Batavia.

Timothy M. Scanlan, 25, of Genesee Street, Le Roy, is charged with criminal possession of marijuana, 3rd, and two counts of criminal possession of a controlled substance, 7th.  Scanlan was arrested following the execution of a search warrant by the Local Drug Task Force. Scanlan was allegedly found in possession of Suboxone and Lortab pills along with a large quantity of marijuana and an amount of cash.

Jessica L. Connoly, 38, of Brooklyn Avenue, Batavia, is charged with unlawful possession of marijuana and uninspected motor vehicle. Connoly was stopped 7:52 a.m. Friday on East Main Street by Officer Frank Klimjack.

Scott T. Lasker, 42, of Harper Road, Darien, is charged with criminal contempt, 2nd. Lasker was allegedly found in violation of a stay-away order during a traffic stop at 3:51 p.m. Sunday on West Main Street, Batavia.

Benito Hernandez-Vega, 36, of East Main Street Road, Le Roy, is charged driving under influence of drugs and alcohol, possession of a hypodermic instrument, aggravated unauthorized operation, 3rd, unlicensed operation and moving from lane unsafely. Hernandez-Vega was stopped 9:50 p.m. Jan. 13 on East Main Street, Batavia, by Officer Nicole Salamone.

Adam Arsenault, 31, of Hutchins Street, Batavia, is charged with obstructing governmental administration. No further details provided except that the arrest stemmed from an incident reported at 3:30 a.m. Saturday.

Katrina L. Thigpen, 34, of Thorpe Street, Batavia, is charged with harassment, 3rd, menacing, 3rd, and endangering the welfare of a child. Thigpen allegedly poured lighter fluid on a victim and his vehicle during a domestic dispute reported at 9:53 a.m. Monday on Thorpe Street.

Shah L. Zajic, 40, of Eleanor Place, Batavia, is charged with DWI, driving with a BAC of .18 or greater, driving without headlights and refusal to take a breath test. Zajic was arrested stemming from a traffic stop at 2:17 a.m. on Jan. 14 on Ross Street, Batavia, by Officer Matthew Wojtaszczyk.

Candace M. Sanchez, 51, of Ellicott Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd, and criminal possession of a hypodermic instrument. Sanchez was allegedly found in possession of the items by NYS Parole.

Gregory Wayne Houseknecht, 25, of College View Drive, is charged with petit larceny. Houseknecht allegedly stole merchandise from Walmart at 2:58 p.m. on Jan. 19.

Craig Shareef McKenzie Jr., 19, of Batavia Stafford Townline Road, Batavia, was arrested on a warrant stemming from a petit larceny charge.

Mirnes Kozarac, 35, of Lansing Street, Utica, is charged with unlawful possession of untaxed cigarettes. Kozarac was allegedly found in possession of 2,200 untaxed cigarettes during a traffic stop by Deputy Travis DeMuth at 10:16 a.m. Sunday on Route 77, Pembroke. Also charged was Salim Selimovic, 60, of Mulberry Street, Utica, who was allegedly found in possession of 5,800 untaxed cigarettes.

Randy Robert Reiner, 22, of Washington Street, Akron, is charged with unlawful possession of marijuana. Reiner was arrested after Deputy Richard Schildwaster stopped at 10:26 p.m. Jan. 16 on Main Road, Pembroke, to check on a disabled vehicle. Reiner was allegedly found in possession of 16 marijuana smoking devices that contained marijuana residue.

Le Roy hands Elba a loss 71-61

By Destin Danser

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A big second-quarter scoring put Le Roy in command on their way to a 71-61 victory over Elba to snap the Lancers' seven-game winning streak. CORRECTION: Byron-Bergen beat Elba in OT on Friday, 51-47.

In that second quarter, Ryan Boyce knocked down three three-pointers to fuel the rally.

Boyce, who had a total of five three-pointers, finished with 28 points, four rebounds and three assists. Josh Laurie added 15 points, five rebounds and six assists.

For Elba, Jon Boyce scored 20 points and had 12 rebounds and three blocked shots. Jordan Miller had 17 points and Tucker Bezon had eight points and seven rebounds. 

Photos by Destin Danser. For more photos and to purchase prints, click here.

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Car hits pole on Galloway Road

By Howard B. Owens

A car has hit a pole in the area of 2732 Galloway Road, Batavia.

Unknown injuries.

East Pembroke fire and Mercy EMS responding.

Head-on crash reported in Le Roy on Route 19

By Howard B. Owens

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A head-on accident is reported in the area of 9286 Warsaw Road, Le Roy.

Injuries are reported.

Traffic is being shut down on Route 19 at Munson Street and at Perry Road.

Le Roy fire and Le Roy ambulance responding.

UPDATE(S) (By Billie) 7:08 p.m.: No serious injuries. This was not a head-on collision, rather a driver slid sideways and was then broadsided by another vehicle. Also, there is a car vs. pole accident on Route 5, Le Roy, but no injuries reported.

UPDATE 7:27 p.m.: In the Warsaw Road collision, the occupants were all out and walking around when first responders arrive. Both vehicles are heavily damaged.

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Photo below, car vs. pole accident on Route 5.

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Freeze on EPA actions may have little local impact

By Howard B. Owens

So far it looks like a sweeping activity freeze placed on the Environmental Protection Agency by the Trump Administration will have little impact locally.

The new directive bars the EPA from issue new grants or entering new contracts.

In some regions this could mean brownfield redevelopment projects could see funding delayed or eliminated, but City Manager Jason Molino said none of the Batavia Opportunity Area projects depend on federal funding, so the change in policy will have no impact on the BOA.

Molly S. Cassatt, managing director of the county's Soil and Water Conservation District, said there are no pending grants impacted by the order, but she isn't sure about the status of a recent grant application. The district joined seven other counties in the region, she said, on a grant application for a sediment and nutrient reduction project in the Genesee River Watershed. The eastern half of Genesee County, which includes Oatka and Black creeks, is part of that watershed.

If that grant is blocked, she said, there is still state money available to help with the project in those creeks.

County Manager Jay Gsell said he isn't away of any immediate impact on county government.

The Trump Administration has also ordered the EPA to cease all public communication, including the issuing of press releases, participation in social media and blogs and website updates.

We emailed the EPA to check the status of funding for cleanup of the superfund project in Le Roy, the Lehigh Train Derailment Site, which was seemingly neglected until 2012 when the Le Roy tic issue came up, and a staff member responded referring us to the Buffalo EPA representative. We called his office and he is out of the office for the day.

The USDA has received the same communications order.

We tried calling the local USDA office, located on Liberty Street, and we were referred to the public relations officer for the region, based in Syracuse. This would probably be standard procedure anyway, but the officer asked us to email our question about local news media communication. He's since responded that he will provide a response as soon as possible.

U.S. Sen. Charles Schumer issued the brief statement about the EPA's freeze on grants and contracts:

“EPA’s fundamental mission to protect clean air and clean water for public health and safety is being impeded by the unprecedented decision to freeze all grants and contracts. This decision could have damaging implications‎ for communities across New York, from delaying testing for lead in schools to restricting efforts to keep drinking water clean to holding up much-needed funding to revitalize toxic brownfield sites. The Administration should reverse this damaging policy immediately,” Schumer said.

Town of Oakfield to receive award for Community and Government Center

By Howard B. Owens

(File photo.)

The Town of Oakfield's renovated and expanded Community and Government Center will receive a 2016 Project of the Year Award for small cities/rural communities from the Genesee Valley branch of the American Public Works Association.

The award will be presented at RIT on Jan. 26.

A letter to Alan Dennis, Oakfield's public works administrator, said the award was based on the project's excellence, creativity, ingenuity and efficiency. The award recognizes the alliance between the managing agency, the engineeer, and contractors who worked together to successfully complete the project.

Previously: Town of Oakfield showcases new community and government center with County Legislature meeting

Falleti: Naming rights only; City proposes big redevelopment plans for Evans Street

By Mike Pettinella

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Frank Falleti, owner of Falleti Motors on Ellicott Street Road and father of two boys who play in the Genesee Amateur Hockey Association, said he and his family want the Falleti Ice Arena to be a recreational facility the city can be proud of but the management side of the operation is out of his hands.

“We own the naming rights only, but have nothing to do with the operation,” Falleti said today in response to an article in The Batavian posted following Monday night’s City Council meeting. “The rink is managed by an out-of-state management company (Firland Management).”

At last night’s meeting, Councilman Paul Viele pointed out deteriorating conditions of the Evans Street rink’s locker rooms, backing his claims with photos that accompanied the article.

“The locker rooms are disgusting … as a city we should be ashamed of ourselves to let it go this much,” Viele said at the meeting. “We need to help the rink management to get them where they need to be.”

Since then, Falleti said he has received more than three dozen calls from people who are pointing the finger at him.

“People think it’s me. It’s not me,” he said. “But I will help where I can. When the Zamboni broke down, I helped get it fixed.”

Furthermore, Falleti said that he would be interested in purchasing and managing the ice arena should it become available – preferably if the adjacent City of Batavia fire headquarters moved to a new location.

“If they (the city) put all the amenities in one place – fire and police – and if we came to an agreement with the city, I think we could go in there and do a good job managing it,” he said, adding that he envisions a pro shop, separate locker rooms for males and females and a restaurant.

Falleti said he had a brief discussion with City Manager Jason Molino about buying the rink, but nothing concrete.

Molino, when asked if selling the ice rink was an option, said that could be a possibility, especially in light of the city’s multimillion dollar plan to redevelop that entire area to include another recreation facility (see architect’s rendering above).

“The city has been open to this option as long as it is part of our BOA (Brownfield Opportunity Area) redevelopment plans,” Molino said. “That plan outlines that area as the Creek Park redevelopment which is one of the most underutilized assets in the city.”

The city manager said the Creek Park area takes advantage of the incoming Ellicott Trail (bicycle/walking path) to be constructed this year and connects with the ice arena, an additional recreational amenity (such as another ice rink or indoor soccer field) and new housing while reorganizing wasted space into new green space.

“The proposed budget includes funding for the BDC to specifically work on preparing this site for redevelopment as it is one of our five strategic priority sites,” he said.

As far as the current state of affairs at the ice rink, Molino said there is $183,000 in the facility’s reserve account – money from lease, debt service and operational payments from Firland – which could be tapped into to correct some of the deficiencies.

“This facility is important to the community and we want it to remain a quality asset,” he said. “It brings a lot of visitors into the community.”

Molino said he will be setting up a meeting of the parties involved.

“Some of the problems stem from maintenance and operations, and that is Firland’s responsibility, and if capital improvements are needed, that is on our end, and we should discuss that as well.”

Architect’s rendering – The proposed Creek Park redevelopment shows a new recreational facility (front left) and a housing complex (left, rear) in addition to the current buildings along Evans Street. The Genesee County Courthouse Facility can be seen at right.

Hawley's aunt, at 101, part of two historic marches in Seneca Falls

By Howard B. Owens

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The woman sitting is Mary Simpson Smart. She is 101 years old. She was part of a woman's march in Seneca Falls in 1920 as a 5-year-old by her mother's side just before women were granted the right to vote. She was back in Seneca Falls on Sunday to join the women's march.

She is also Assemblyman Steve Hawley's aunt.

Smart was born and raised in Lyons. A graduate of Wellesley, she is pictured with Angela Daddabbo, of Auburn. Smart wanted to meet her after spotting her Wellesley sweatshirt.

"I was so grateful to have met her," Daddabbo said. "What a lady!"

Smart was one of the speakers at the event.

The Finger Lake Times profiled Smart earlier this month. She's led quite a life across the sweep of 20th century American history.

Hawley's mother, Mary's sister, Ellen, was also born in Lyons.

Smart isn't Hawley's only family tie to the Suffragette Movement. Ella Hawley Crossett, a relative on his father's side and from Warsaw, is commemorated on a large plaque in the State Capitol with Susan B. Anthony.

County will have a chance to compete for additional tourism dollars if governor's plan approved

By Howard B. Owens

Genesee County should get a chance to compete for the governor's proposed increase in tourism spending, according to Kelly Rapone, tourism marketing director for the Chamber of Commerce.

Gov. Andrew Cuomo is planning on adding $5 million to the tourism budget, making the total statewide spend $55 million.

Rapone said she anticipates seeing the amount available for competitive grants increase, and while she didn't have specific projects to pitch right now, she said for the county to get a portion of the money, it would need to submit a project to the state for consideration.

That's how the chamber won a $90,000 grant to promote the state's Haunted History Trail. The trail points tourists to dozen of potentially haunted, historical locations from Warick to Dunkirk and is promoted statewide with the grant money.

Rapone said she's been around long enough to remember when the state government didn't take tourism seriously and allocated few resources to the industry, which she said does provide a significant boost the economy.

"I have to say, anytime there is money dedicated to tourism, that is a good thing," Rapone said.

Gov. Cuomo has shown a lot of interest in tourism, especially in boosting tourism around ag products such as wine and craft beer.

The local tourism bureau also receives state money through a complicated formula for matching funds. The formula is based on regional and local considerations and the amount of the request. Last year, Genesee County received $66,000, or about one third of the tourism agency's operating budget.

Future of Carter's Restaurant uncertain

By Howard B. Owens

The owner of Carter's Restaurant, Brenden Mullen, said this morning he isn't sure when or if he will again open the restaurant on Main Street in Downtown Batavia.

The doors were locked and shades drawn a few days ago.

On Jan. 11, Mullen posted on Facebook that he was going to change the style of the restaurant from fine dining to something more casual along with "the best specialty drinks in Batavia."

Reached this morning and asked to clarify the status of the restaurant, he said he was taking time off to assess his options and said he isn't sure if he will reopen with a new concept. He said remaining closed is an option.

NOTE: If you purchased a Deal of the Day for Carter's within the past 30 days, return the unused gift certificate to The Batavian for a refund. Mail it to The Batavian, 200 E. Main St., Batavia, NY 14020.

Genesee Tourism: Visit your local history museum Series -- Byron Museum

By Genesee County Chamber of Commerce & Visitor Center

A unique feature of the Byron Museum is that it is located in an historic church -- the sanctuary of the former German Lutheran church is packed with countless items, including clothing, textiles, photographs and yearbooks. Behind the church, there is a large annex dedicated to farming equipment and items. To tour this museum, call town historian, Bob Wilson at 585-548-9008.

Visit www.VisitGeneseeNY.com to learn more about Genesee County's unique attractions.

Akron man accused of selling drugs to undercover agent in Alabama

By Howard B. Owens
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    Jeremy Leising

An Akron resident is accused of selling fentanyl and of selling heroin on two separate occasions to an agent of the Local Drug Task Force in the Town of Alabama.

Jeremy R. Leising, 21, was a passenger of a vehicle stopped by the Erie County Sheriff's Office and when deputies learned of a warrant for Leising's arrest on a warrant out of Genesee County they took him into custody.

He was turned over the Local Drug Task Force on the warrant on charges of two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of controlled substance, 3rd.

He was jailed awaiting arraignment in Genesee County Court.

The Hidden Door/Pollyanna and Dot won Downtown window decorating contest

By Howard B. Owens

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With the transition in leadership of the Business Improvement District, there was no announcement of the annual window decorating contest for Christmas and Beth Kemp, the new director, stopped by my office yesterday to note that the winner was The Hidden Door/Pollyanna and Dot, 202 E. Main St., Batavia.

Injury reported in East Pembroke accident

By Howard B. Owens

Medics are requested to the scene of a car vs. pole accident in the area of 2081 Main Road, East Pembroke, to evaluate a patient with a possible head injury.

East Pembroke fire and Mercy EMS responding.

The pole is broken. It has primary wires on it. It will need to be replaced. National Grid has been notified.

City Council approves short-term pacts with Department of Public Works, police unions

By Mike Pettinella

City Council unanimously approved short-term contracts with the American Federation of State, County and Municipal Employees Union and the Batavia Police Benevolent Association Monday night -- one- and two-year pacts, respectively, that provide minimal increases in pay.

The collective bargaining agreements with the unions were set to expire on March 31.

City Manager Jason Molino said he was pleased that negotiators of both unions settled for limited year contracts due to the fact that county and city leaders continue to work on a Sales Tax Allocation Agreement to replace the current one that expires in February 2018.

The terms of the contracts are as follows:

-- The AFSCME’s 36 Department of Public Works employees will receive a 1 percent raise effective April 1, 2017, and $500 stipends during the first pay period following City Council’s approval. This payment will not be included as part of each member’s base annual salary.

The total impact on the 2016-17 budget is $22,300, and the one-year term of contract wages, retirement and Social Security adds up to $20,520.

-- The PBA’s 30 officers will not receive a salary increase until April 1, 2018, when a 1.5 percent hike kicks in, with that raises contingent upon the extension, renewal or amendment of the sales tax agreement. They also will receive $500 stipends during the first pay period following City Council approval.

Additionally, effective immediately all PBA members will transfer from a 384-d to a 384-e retirement plan, and the starting salary for a police officer will increase to $48,920.

Police Chief Shawn Heubusch explained that 21 of the PBA officers were under the 384-d plan which gives police and fire department employees a pension of half-pay after 20 years. Under the 384-e plan, those employees would be able to accrue 1/60th of their base salary up to 32 years of full service, when they would “max out.”

At the end of that time, the pension would be about 75 percent of their salary, he said.

The total impact of the PBA contract on the 2016-17 budget is $18,610; a one-time payment estimate for offering 384-e retirement benefits is $106,202 (to be funded from the retirement contribution reserve account), and the two-year term of contract wages, retirement and social security (if the second year is implemented) adds up to $43,650.

In order to fund these changes as they affect the 2016-17 budget, Council approved a transfer of $40,910 from these contingency budget accounts: city facilities, street maintenance, snow removal, street lights, parks, celebrations, storm sewer, street cleaning, garage, pump station, water distribution, sanitary sewer, waste water treatment and police. A major portion ($18,500) will come from the police budget.

In other action, Council:

-- Unanimously passed a resolution establishing a local law to amend the city sign code and related provisions, with a primary focus on electronic digital signs utilized by businesses.

The law, among other things, reduces the amount of time that the message on an electronic digital sign could be changed from once every hour to once every 10 seconds. It also eliminates an annual $25 fee that would have been imposed upon a business owner to operate a digital sign, and "grandfather's" in digital signs that currently are located in zoning districts (such as residential and/or industrial) not authorized to have electronic message boards.

Molino said the law will take effect within a couple weeks, after paperwork is filed with the Department of State and letters -- along with copies of the new code -- are sent to business owners.

-- Approved a couple of summertime events at Austin Park – the Great Tabernacle Campaign/EFF Church Music Festival on Aug. 24-26, and Care-A-Van Ministries picnics on Thursdays from June 1 through Aug. 31.

The Great Tabernacle Campaign/EFF Church Music Festival is a collaboration of about 30 churches and ministries “to unite and bless the community with music, speaking, food and games,” said the Rev. Jason Norton, pastor of EFF Church in Batavia.

Pedestrian hit by car on Lake Street Road, Le Roy

By Howard B. Owens

A car vs. pedestrian accident has been reported in the area of 8703 Lake Street Road, Le Roy.

Le Roy Fire and Le Roy Ambulance dispatched.

UPDATE 9:14 p.m.: A first responder reports the patient is still in the roadway.

UPDATE Midnight: The Sheriff's Office has released the accident report. The pedestrian is identified as Judith Nye, 68, of Lake Street Road, Le Roy. The driver is identified as Michael J. Merica, 33, of Telephone Road, Pavilion. According to the report, Merica stated he was southbound on Route 19 when he saw a pedestrian in his lane of travel. He swerved to avoid the pedestrian. The pedestrian, the report says, "stepped into vehicle #1." She was struck by the front passenger side of the vehicle, a 1999 four-door Lincoln Sedan. Nye was taken by Le Roy Ambulance to Strong.

Council members displeased with condition of locker rooms at Falleti Ice Arena

By Mike Pettinella

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City Council members piggybacked on a request by Public Works Director Matt Worth to replace the dehumidification unit at Falleti Ice Arena to express their disdain for the conditions of the locker rooms and other aspects of the facility during their meeting Monday night at City Centre Council Chambers.

“The locker rooms are disgusting … as a city we should be ashamed of ourselves to let it go this much,” Councilman Paul Viele said. “We need to help the rink management to get them where they need to be.”

Viele (armed with photos -- see above) and Council President Eugene Jankowski Jr. pointed out that the locker rooms exhibit mold in the carpeting, peeling paint, hanging cable lines and falling ceiling tiles, prompting Worth to say that previous inspections revealed that “general housekeeping was not up to par.”

Councilman John Canale mentioned the size and condition of the locker room for the women and girls who play in organized leagues at the Evans Street rink.

“The female locker room is very small,” Canale said.

Viele agreed, stating that plans need to be made to create a separate, adequate area for females.

“We need to get a women’s locker room so some of the women and girls aren’t sharing a locker room with the guys. We need to spruce it up to be competitive with other rinks like Lakeshore and Bill Gray’s and Scottsville as other teams want to come and enjoy our rink.”

Viele also said he didn’t like it when the heaters weren’t turned on for spectators at youth league games.

“It seems like they’re only on when the high school plays,” he said. “What about when all of these people come to watch their kids – hundreds of visitors who spend money at our restaurants?”

He noted that the Zamboni machine that resurfaces the ice broke down over the weekend, and that a replacement had to be found.

City Manager Jason Molino, who plays in the Batavia Men’s League at Falleti Ice Arena, said he hadn’t heard of any complaints, but welcomes public input.

“If there are complaints we’d like to hear them so we can move sooner rather than later,” Molino said. “Then we will sit down with the operator (Firland Management).”

Per the city’s contract with Firland, the management group is responsible for maintenance and upkeep.

At the close of the discussion, Council instructed Worth to talk to Firland personnel about their concerns.

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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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