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Genesee County assists with train derailment in Attica

By Howard B. Owens

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Alexander volunteer firefighters along with the hazmat team for Genesee County Emergency Services and with the county's emergency management coordinators responded to a train derailment in the Town of Attica today.

The accident was in the area of Route 238 and reported at 4:05 p.m.

Emergency Management Coordinator Tim Yaeger said the accident was in a pretty inaccessible location in Wyoming County and because of that, an engine fire was being allowed to burn itself out. There was no hazmat concern other than the diesel fuel of the engine. The hazmat team set up booms to contain any potential fuel.

As a precaution, the City of Batavia was contacted to temporarily close the water intake from the Tonawanda Creek.

Eleven cars derailed along with two engines from the Norfolk Southern line.

Two crew members self-extricated and were transported to an area hospital. They suffered non-life-threatening injuries, Yaeger said.

Town of Batavia fire responded to Alexander's hall as a fill-in.

UPDATE 8:14 p.m. (By Billie): All Genesee County responders are clearing the scene. Federal, state and local officials involved at the scene will remain for now. Heavy equipment will be forthcoming to remove some train cars so that Route 238 and Main Road in Attica can be reopened. Train crossing sites should be reopened by 10 o'clock tonight. The diesel fuel is allowed to continue to burn.

UPDATE: Press release from the Wyoming County Sheriff's Office:

On Feb. 15,  at 4:03 p.m. hours, the Communications Division at the Wyoming County Sheriff’s Office received a 9-1-1 call of a train derailment near the East Main Road intersection in the Town of Attica.

The Attica Fire Department responded to the scene. Attica Fire Chief Jay Myers reports, “two engines and approximately 10 railroad cars derailed of the Norfolk Southern Railroad. The railroad cars were carrying new cars as cargo.” 

Chief Myers also stated there were two railroad personnel on the engine who were injured. They were taken to Erie County Medical Center. 

“The lead engine is on fire and in coordination with the Norfolk Southern, the engine will remain burning, primarily due to the difficult location of the derailment,” Myers said. 

Wyoming County Emergency Services Director Anthony Santoro is on scene, coordinating efforts from the federal, state, local and railroad resources.

Wyoming County Sheriff Gregory Rudolph says “an initial investigation was conducted and we are turning over our investigation to the Norfolk South Railroad Police and the Federal Railroad Administration and a cause has not yet been determined.” 

Director Santoro says, “the mutual-aid resources that responded and assisted were the: Alexander Fire Department, Varysburg Fire Department, Bennington Fire Department, Wyoming County Emergency Services and Hazmat Team, Genesee County Emergency Services and Hazmat Team, the New York State Police, the Attica Fire Department and Wyoming Correctional Facility.” 

Norfolk Southern personnel are on scene and making efforts to clear the Route 238 and East Main Road intersections with an estimated time of 10 p.m. The long-term cleanup of the damaged engines and railcars will be days.

Photos: Reader submitted photos.

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Batavia resident diagnosed with ALS, put on expensive drug to slow progression

By Maria Pericozzi

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This past summer, Batavia resident Mike Fiorella was diagnosed with Lou Gehrig’s Disease, a fast-progressing neurodegenerative disease with no cure.

His stepdaughter, Colleen Kemp said everyone knows him because he was a “help to the golf pros” at Terry Hills in Batavia until his recent retirement.

“Everybody knows him and knows how active he was and what a great sense of humor he has,” Kemp said. “He’s a big jokester, and has kept that in him.”

Amyotrophic lateral sclerosis (ALS) affects nerve cells in the brain and spinal cord, slowly taking away the ability to walk, speak, swallow and eventually breathe.  

Kemp said Fiorella has progressed enough that he is losing his ability to walk and his speech has been effected.

The lifespan is usually one to three years after diagnosis.

“It’s a terrible disease,” Kemp said. “And there is no cure, so there is no hope. It’s not like cancer where you get chemo and possibly have a cure. There is no cure.”

Fiorella went to DENT Neurological Institute, in Buffalo, the only place at the time that had a new drug that came out, Radicava. Fiorella was one of the few approved to receive the drug. Radicava costs $149,000 a year, with insurance only covering part of the cost. He will need to be on the drug for the rest of his life, which will hopefully slow down the progression of the disease.

“They’re draining their savings account to get the drug,” Kemp said. “We’re asking all family and friends to help us raise these funds.”

Fiorella is currently using a walker, but Kemp said he will soon need an electric wheelchair, which will cost around $20,000.

“They already put a $5,000 ramp in the house,” Kemp said. “The next step is to get handicap bathrooms.”

Kemp said dealing with it mentally and knowing that he is going to pass away is bad enough, but adding the financial burden makes it so much worse.

“The cost with this disease is astronomical,” Kemp said. “The deterioration is so fast and you can’t just go to the hospital.”

Kemp started a Go Fund Me page located here to assist with the costs.

“There are so many different aspects and costs, and this is his life,” Kemp said. “It’s financially draining.”

Barn on Route 63, Pavilion, demolished

By Howard B. Owens

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I've gotten a lot of positive feedback on this photo since 2013 when I made it.

Today, when I drove out to Pavilion, I discovered the barns have been demolished. A local business owner told me they came down last week.

Ranzenhofer backs 2018 Jobs and Opportunity Agenda

By Howard B. Owens

Press release:

New York State Senator Michael H. Ranzenhofer has announced his support today for a broad-based 2018 Jobs and Opportunity Agenda. The plan focuses on regulatory and economic development reforms, as well as comprehensive tax relief, to help make New York more competitive and foster job growth.

“Families, individuals, homeowners, seniors, veterans, local leaders, small businesses and manufacturers continue to tell me that New York’s overly burdensome regulatory practices and high taxes hinder job creation. The Jobs and Opportunity Agenda will help to make the state more competitive and business-friendly. Enacting this plan will create jobs and opportunities for all of our residents and jumpstart our state and local economies,” Ranzenhofer said.

According to the State Department of Labor, in 2017, the Rochester area lost 3,500 jobs, while the Buffalo-Niagara region lost 4,600 jobs. The entire state lost a total of 500 jobs, for the period December 2016 through the end of last year.

The Jobs and Opportunity Agenda includes:

Cutting Tax Rates on Small Businesses:

  • New Tax Relief for Businesses -- $495 million: Reduce the amount small businesses and farms must pay in taxes by increasing the corporate tax threshold from $390,000 to $500,000 and lowering the rate to 2.5 percent. The proposal also expands the small business exemption to all businesses filing the personal income tax regardless of whether they have employees; increases the threshold to $500,000; and increases the exemption to 15 percent (additional 5 percent for farmers).
  • Tax Relief to Boost Manufacturing -- $90 million: This proposal would extend the zero percent Corporate Franchise Tax parity to all manufacturers in New York regardless of how they are organized. Currently, only approximately 25 percent of manufacturers – those organized as C corps – can receive the zero percent rate on business income.
  • Reduce Energy Taxes -- $280 million: Eliminate the 2-percent Gross Receipts Tax on utility bills, ($190 million) and terminate the 18A assessment tax ($90 million).
  • Create STAR for Small Businesses - $275 million: Allow real property owned by a small business (100 or less employees) to be eligible for the STAR property tax savings program.

Reducing Red Tape and Overregulation: 

  • Prevent Regulatory Steamrolling: Curtail state agency overuse of the emergency regulation process to ensure it is only used when necessary to protect public health and safety. This proposal also includes allowing the Administrative Regulations Review Commission to delay the adoption of new rules by 90 days. This will help when businesses raise concerns about possible rulemaking inconsistencies with statutory authority or legislative intent, or could potentially burden taxpayers or local governments.
  • Improve the State Rulemaking Process: Reform the regulatory, licensing, and permitting processes to make them easier to understand, more responsive to businesses’ concerns, increase transparency, improve consistency, and reduce overly burdensome or unnecessary requirements.
  • Remove Speedbumps to Development: Create a new statutory “Fast-Track” process for certain economic development projects.
  • Advocate for Small Businesses: Make the state an advocate, not an adversary, by creating a small business liaison to help startups navigate the state agency bureaucracy. The advocate would hear concerns, advocate within an agency on behalf of small businesses, and increase education of and outreach to entrepreneurs.

Revamping Economic Development Programs: Several of New York’s economic development programs and strategies are not producing the results that taxpayers expect and lack the transparency needed to help the state be more fair and competitive: 

Shut down START-UP NY: The Governor’s program has failed to produce the job-creating results that were promised. This proposal would stop the state from accepting new applications for the program at the end of 2018.

Improve Transparency with a Database of Deals: Ensure greater transparency and accountability in state contracting by creating a searchable database of all state subsidy and economic development benefits so that individuals, businesses, and public officials can monitor how taxpayer dollars are spent.

Promote Additional Oversight: Create an Independent Oversight Panel for all large public work projects and state procurements of $50 million or more.

Strengthen In-School Training Programs: Expand and make permanent the P-Tech School Programs that prepare thousands of New York students for highly-skilled jobs in technology, manufacturing, healthcare and finance.

Promote Practical Skills and Experiences: Allow academic credit for high school students who participate in internships and other practical experiences and encourage schools to promote apprenticeship participation.

Use Better Metrics: Enhance outreach, education, and reporting by the state Department of Labor on employment and training programs.

Summer concerts part of entertainment mix at Batavia Downs that keeps officials humming

By Howard B. Owens

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Last summer's concert series is one of many reasons Batavia Downs has been able to grow revenue and remain competitive in a saturated gaming market, said Henry Wojtaszek, president of Western OTB, and Mike Nolan, CEO, today at a press conference announcing an eight-show lineup for this season.

"We offer a lot of different things," Nolan said. "We have our own little niche here."

Wojtaszek said the key is offering options for customers and when you get them in the door, treating them right.

"That includes entertainment, it includes better food, it includes a cigar lounge, and frankly, just provide the best customer service," Wojtaszek said. "We like to think that’s why we’re growing. That’s what we like to concentrate on. Our focus is on providing excellent customer service."

The eight shows announced for this summer:

  • Eddie Money, June 22
  • Grand Funk Railroad, June 29
  • Blue Oyster Cult, July 6
  • Rik Emmett of the Band Triumph along with Carl Dixon of Coney Hatch, July 13
  • Rumours, a Fleetwood Mac Tribute, July 20th
  • Puddle of Mudd, July 27
  • Three Dog Night, Aug. 3
  • Lee Ann Womack, Aug. 10.

Wojtaszek said the concert series went so well last year that Batavia Downs would like to add more shows, but one step at a time.

He also said Batavia Downs will be working with the City and the Town to accommodate larger crowds. Last year, attendance was about 4,000 and this year the casino would like to attract 5,000 to 6,000 fans to the shows.

The concentration on classic rock and country is a conscious effort to bring in shows more appealing to older music fans, Wojtaszek said.

"They are the patrons coming into Batavia Downs and we wanted to provide them with the entertainment they’re looking for at a reasonable cost," Wojtaszek said.

Tickets for the shows will be $10 each.

Batavia Downs is hosting several other events this year sure to bring people from throughout the region to Genesee County.

There will be professional wrestling Feb. 24, a Whiskyfest in June, a Mixed Martial Arts event during the summer, plus Batavia Downs is in the midst of a $4 million capital improvement project that includes opening a cigar lounge, expanding 34 Rush sports bar, Fortune's Restaurant, and the conference center.

"There’s a lot of demand to have things here and it’s amazing to see the response we get to the events we do have," Wojtaszek said. "It’s a perfect location, right between Buffalo and Rochester and we're even getting people here from as far as Syracuse."

Route 63 Diner aims to make you feel at home with good food and friendly service

By Howard B. Owens

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Bonnie Ames saw the empty restaurant building on Ellicott Street Road near Shepard Road and knew it was the place for her.

"I saw the building was empty and when I walked in it reminded me of a place when I was very little, and I said, 'oh, my God, I've got to do it.' "

Ames, with daughter Amy Goodenow, has opened the Route 63 Diner in Batavia. 

She said it's just a traditional diner with good American food.

She's undaunted by the fact four other restaurant owners have tried to make it at the same location in the past few years.

She said the reason she's optimistic is she's met a lot of wonderful people during her first four weeks in business and they all seem to appreciate a good home-cooked meal.

"They're wonderful," she said. "I feel that with the way they feel about the food, they are coming back. It's a great location. I think our attitude, and good food, is what's going to make it."

State fire officials choose Batavia as location for two days of training

By Howard B. Owens

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Christina Matrella demonstrates how to provide first aid to a baby who is choking for state fire officials who spent Tuesday and Wednesday in Batavia for a series of training classes.

The classes, which included a range of topics, including hazardous material, provides state officials with uniform training that they can use to better assist and support local fire departments.

There are more than 200 state fire officials now, said Deputy Chief Brian Benstead, and getting them all in one place at one time for training and meetings can be difficult, so the agency is trying regional meetings and Batavia was chosen as a location in Western New York this training session.

"This is primarily our safety training like anyone else goes through, just like any other fire department or police department goes through on a regular basis," Benstead said. "Ours is enhanced by the fact that this is how we make that connection to the local communities and how we support them."

About 20 fire officials were in Batavia for the two days, staying at local hotels and eating at local restaurants.

The training was held at Batavia's fire headquarters.

Chief Stefano Napolitano said he was proud the state chose Batavia for a meeting location.

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Law and Order: Batavia man accused of driving car without permission, wanted on several warrants

By Howard B. Owens

Thomas Jacob Wolcott, 33, no permanent address, Batavia, is charged with unauthorized use of a vehicle, 3rd, unlicensed operation of a motor vehicle, and aggravated unlicensed operation, 2nd. Wolcott is accused of taking and driving another person's vehicle without permission. Wolcott was also taken into custody on warrants from the State Police, Rochester PD, Ogden PD, and Gates PD. He was jailed on $1,500 bail.

Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, was arrested on a warrant for alleged failure to appear. Freeman was jailed on an unspecified amount of bail.

Julia B. Wescott, 35, of South Main Street, Batavia, is charged with unlawful possession of marijuana. Wescott was stopped at 12:10 a.m. Saturday on East Main Street, Batavia, by Officer Peter Flanagan.

Nicole K. Casey, 30, of West Main Street, Batavia, is charged with petit larceny. Casey is accused of shoplifting from Tops at 3:57 p.m., Feb. 7.

Tonya M. Ficarella, 31, Lovers Lane Road, Batavia, is charged with petit larceny. Ficarella is accused of shoplifting from Tops at 11:50 a.m., Feb. 7.

Stephanie G. Pelkey, 23, of Masse Place, Batavia, is charged with endangering the welfare of a child, resisting arrest, reckless endangerment of property, and unlawful imprisonment, 2nd. Pelkey is accused of restricting the movement of another person inside a residence, throwing property outside of the residence, and resisting arrest in the presence of a child. Pelkey was ordered held on $1,500 bail.

Aaron M. Mucher, 30, of Lewiston Road, Batavia, is charged with harassment, 2nd. Mucher is accused of making verbal threats against an employee at a local government office.

Joshua G. Bachorski, 35, of South Spruce Street, Batavia, is charged with criminal possession of stolen property, 5th. Bachorski was arrested on a warrant. He is accused of taking stolen property to Pawn King in Batavia. He was arraigned and ordered held on bail.

UMMC announces relocation of urgent care, expansion in Le Roy

By Howard B. Owens

Press release:

United Memorial Medical Center (UMMC) is relocating its urgent care services in Le Roy from 8745 Lake Street Road to 3 Tountas Ave. The move is part of Rochester Regional Health’s plan to expand primary care, diagnostic and urgent care services in the area.

After a renovation project at the 3 Tountas Ave. location, residents will have more timely access to care in a convenient, modern and comfortable setting. 

“It is important we remain focused on patient-centered care and acknowledge the needs of the community. Centrally locating these services will enhance access, operations, communication and patient engagement,” said Jennifer Dunivent, United Memorial Medical Center’s director of operations, outpatient services. 

To accommodate the project, Urgent Care services in Le Roy will temporarily close effective Friday, Feb. 16 until the project is finished this spring.

During this transitional period, patients can visit UMMC’s urgent care location at 16 Bank St. in Batavia. The urgent care in Batavia will have additional staff, expanded hours and onsite laboratory and radiology services. The location is open Monday through Friday, 9 a.m. to 9 p.m. and Saturday and Sunday, 9 a.m. to 7 p.m.

Diagnostic services at the 8745 Lake Street Road location in Le Roy will not be affected and will remain open Monday through Friday, 7:30 a.m. to 4 p.m. 

This latest project reflects the organization’s ongoing commitment to ensuring patients have local access to the care and services they need; all while staying connected to emergency room services and a team of highly skilled specialists when patients need them.

Photos: Boys Basketball - Batavia 51, Greece Odyssey 48

By Steve Ognibene

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Steven Gilebarto (pictured above) led the Blue Devils in the second half with 16 points to help his team win 51-48 over Greece Odyssey in their final regular season game last night at Batavia High School.

Senior point guard Naziyhar Pratt had five rebounds and three assists. Junior Antwan Odom had 13 points and 10 rebounds.

Odyssey's DJ Billings and Jaden Hartsford both tallied 13 points on the night.

Batavia gets a first-round bye in the Section V Tournament and will play Saturday, Feb. 24th, time T.B.A. at home versus the winner of Honeoye Falls Lima and Vertus game.

For more photos, click here.

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City Council wants to fund slow-pitch softball fields at Kibbe Park while debating merits of spray park on Southside

By Howard B. Owens

The Batavia City Council is poised to pass a budget with few changes from the one proposed by former City Manager Jason Molino a month ago, one with a 3-percent tax rate decrease for local property owners.

The sale of the County Nursing Home, putting that property back on the tax roles, along with several years of conservative budgeting practices by Molino, have helped the city hold the line on spending.

"I think it's trim," said Council President Eugene Jankowski following the council's second budget workshop last night. "I think it's well laid out and it does show a 3-percent decrease, thankfully, because the nursing home is on the tax rolls now. We haven't jumped forward because we have that nursing home. We haven't suddenly gone off on wild spending. We've kept it as trim as we can keep it."

The current city property tax rate is $9.27 per thousand. The proposed tax rate is $8.99. The $120,000 the nursing home as private property this fiscal year will add $120,000 to the tax roll. About half of the tax rate decrease, 13 cents, can be attributed to the nursing home property passing into private ownership.

Molino's budget process, which won the city awards, has allowed Batavia to build healthy reserves and establish a sound financial base for the city.

The biggest dilemma facing Interim City Manager Matt Worth is how to come up with $4,500 to improve the softball and baseball fields in the city's parks.

Michael Jamil, who has spearheaded the return of slow-pitch softball leagues to Kibbe Park, came to the council last week and asked for improvements to the playing field. Council members responded favorably to the request and have instructed Worth to figure out how to purchase new baseball soil, the necessary equipment and provide the manpower to get the job done.

At last night's meeting, Worth said he thinks there is enough money left over from 2017 to cover the costs without revising the 2018 proposed budget.

Councilwoman Kathy Briggs suggested using funds left over from Vibrant Batavia, but that would actually require adjusting the 2018 budget.

"If there’s surplus money in a reserve account, it would be easier to use that money this year to start ordering that stuff than to take it out of the 2018 budget," Jankowski said.

The talk of parks sparked Councilwoman Rosemary Christian to pitch one of her perennial requests: A spray park on the Southside.

"We need some stuff on the Southside," Christian said.

"I understand that," Jankowski responded, "and the ball field is a start."

"What does that have to do with little kids having a spray park?" Christian shot back.

"From the people I talked to, they're not really happy about taking on more debt to create another park and pay a water bill," Jankowski said.

He argued that the spray park in Austin Park serves all of the city's needs and it wasn't difficult to reach for people living on the Southside.

"It’s more than just a drive down the road if you’re a single mom and it’s 85 degrees," Councilwoman Patti Pacino said.

Jankowski said that building the spray park in Austin Park 14 or 15 years ago was one of the reasons the city wound up more than $3 million in debt a decade ago. He said he doesn't think people want to see the city go down that path again.

"I don't see support for a spray park," Jankowski said. "I just don't see it."

Christian said that's because he only talks to people their age.

Councilman Adam Tabelski suggested that the discussion of a water park should be reserved for work on a new parks master plan. The council quickly seemed to adopt that consensus.

Councilman John Canale then asked Christian if she was going to, again, have any last minute amendments or objections to any raises in the budget.

Christian said her only concern is that she thinks city police officers don't make enough money.

"I really don’t think they get enough money," Christian said. "I figure their lives are in danger every day they leave. Our fire department, OK. I don’t have a problem with it this year. I have a problem with management in this beautiful comfortable building while these guys (motioning to Police Chief Shawn Heubusch and Fire Chief Stefano Napolitano) here have to go out and freeze their asses off.

"They don’t know what is going to happen behind that door. They don't know what is happening down the road. They don’t know if they’re going to get shot, nothing, and I really don’t think they get enough money."

Canale pointed out that is really an issue for the collective bargaining process.

Jankowski said the feedback he's getting is city police officers are more concerned about the state of their deteriorating police station than they are about their pay.

"The main thing these guys want is a building," Jankowski said. "They’re not saying, 'I’m underpaid.' They’re saying 'we’re in a (horrible building) and this is a tool.' The building is their tool to do their jobs."

Christian said she is fine with the police getting a new headquarters.

Asked if she was going to vote for the budget, Christian, often a nay vote on budgets, said, "maybe."

"I've got my sidewalks," she said. "I’ve got my two roads to be resurfaced this year. I expect four next year."

The budget session included a report from Napolitano on his budget request, which represents an 11-percent decrease in spending.

The primary reason for the decrease, Napolitano said, is that the fire department is once again fully staffed and all members have completed training. That greatly reduces the amount of overtime paid out.

Council members took a keen interest in his request for a new leaf blower as part of the small-equipment budget request.

"The leaf blower is one small piece of safety equipment that has multiple functions at the fire station," Napolitano said. "What we do is we keep the apparatus floor clean, rather than using water in the wintertime to clean the apparatus floor. This helps really remove the fine-grained sand that comes in. You can broom the fire station floor down all you want but you can't really eliminate all the sand and debris (without a blower)."

The other key feature of the $3.6 million fire department budget is a request for five to seven new sets of turnout gear.

"We're on a replacement program for turnout gear," Napolitano said. "I'm looking to purchase between five and seven a year. Turnout gear has10-year NFPA scheduled life and rather than to purchase 36 sets all at one time at $3,000 dollars a set, I'm looking to stagger five to seven sets every year so this really isn't a large expense for the city."

As for the budget, the proposed tax rate will be the lowest its been since 2006, supporting a total expenditure of $24.3 million. That's a total spending increase of 1.9 percent, keeping the tax levy below that tax cap requirements.

The council will hold a public hearing on the proposed budget Feb. 26.

Meanwhile, the council continues to move ahead on the process of replacing Molino. Jankowski said eight or nine search firms have expressed interest in helping the council find a replacement. A committee is reviewing those applications and within the next week will interview what they consider the best two or three options. Jankowski said the goal is to have a recommendation for a search firm -- which will cost the city about $20,000 -- by the council meeting on Feb. 26.

Sponsored Post: New Listing Alert: 8041 East Main St., LeRoy

By Lisa Ace

New Listing Alert: 8041 East Main Street, Le Roy. Opportunity awaits next owners of this property! Home is site of successful long-term, family-run farm market -- this is a true homestead! Super solid, well-kept one family home, With over 2,100 square feet and room to grow!

Bright and spacious this home has great layout with 2 bedrooms and full bath downstairs as well as 3 bedrooms and full bath up, they don't build them like this anymore! Custom oak kitchen with cupboards galore and large family/dining area. Basement is high and dry -- amazing extra space, storage, or hobby/work area!

Sitting on 2+ acres outside features awesome 24x32 outbuilding currently farm market-with all utilities and 8x16 cooler as well! Already established location the possibilities are endless all you have to do is move in and start living!

A lot to see here-call today! Call Lynn Bezon at 585-344-HOME today or click here for more information on this listing.

Law and Order: Holley woman accused of making fraudulent vehicle purchase with conspirators

By Howard B. Owens
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       Linda Feeley

Linda C. Feeley, 59, of Hulberton Road, Holley, is charged with third-degree grand larceny, first-degree identify theft, two counts of first-degree forgery, four counts of second-degree forgery, two counts of fourth-degree conspiracy, and four counts of fifth-degree conspiracy. Feeley is accused of participating in a fraudulent purchase of a vehicle at 4300 Veterans Memorial Drive, Batavia, March 28. Feeley, along with her boyfriend David Gurgir and with Eric Holliday, a car salesman, allegedly conspired to complete paperwork to facilitate the transfer of a vehicle under a forged identity, namely, Feeley's mother. Gurgir and Holliday were previously arrested as a result of the investigation by Investigator Christopher Parker and Detective John Condidorio. UPDATE: We've clarified the charges against Holliday. He is charged with four counts of conspiracy 5th and two felony counts of conspiracy 4th. Gurgir is charged with is charged with two counts of conspiracy, 4th, and four counts of conspiracy, 5th. The alleged conspiracy began at a local car dealership. Investigators say the final transaction took place in the parking lot of a department store.

Jay Markle, 60, of Batavia, is charged with DWI, and Darlene Martaus, 58, of Batavia is charged with DWI. Markle was stopped at 10:30 p.m. Tuesday for allegedly speeding on Route 33 in Bergen by State Police. He reportedly failed a field sobriety test. He was processed at the Batavia barracks where he was allegedly found to have a BAC of .12 percent. Maurtaus arrived at the barracks at 12:33 a.m. Wednesday to pick up Markle and a trooper detected the odor of alcohol. Martaus allegedly failed a field sobriety test. She was also charged with aggravated unlicensed operation; 1st, driving without an interlock device, and other vehicle and traffic violations. Her BAC was allegedly .12 percent. She was arraigned and jailed.

Brandon C. Morgan, 24, of Pittsford, Samantha R. Smallidge, 23, of Rochester, and Kyle Z. Morgan, 21, of Rochester, are charged with criminal possession of marijuana, more than 16 ounces. Morgan, Smallidge, and Morgan were arrested by State Police at 9:38 p.m. Tuesday in the Town of Stafford. No further details released.

Thomas J. Wolcott, 33, of Batavia, and Ashlee E. Corter, 32, of Kent, are charged with petit larceny. Wolcott and Corter are accused of shoplifting in the Village of Oakfield at 2:10 p.m. on Nov. 7. They were arrested by State Police on Tuesday. No further details released.

The Yellow Brick Road leads to Elba this weekend

By Howard B. Owens

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The Elba Central School Drama Club presents "The Wizard of Oz" this weekend.

Shows are at 7 p.m., Friday, and 2 and 7 p.m., Saturday.

Tickets are available at the ECS district office and Roxy's Music store in Batavia. Advance tickets are $6 for students and seniors, $8 for adults. They are $10 at the door.

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Photos: Manure truck accident on Cacner Road, Bethany

By Howard B. Owens

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A manure truck was involved in an accident in the area of 5050 Cacner Road, Bethany, this afternoon.

A utility pole was damaged but there were no injuries.

The road remains closed at this time.

Photographs by Glenn Adams.

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Wayne Fuller carried to final resting place in Trailways bus

By Howard B. Owens

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Legendary local broadcaster Wayne H. Fuller, 70, was lain to rest today.

He died Friday.

Following a service at H.E. Turner Funeral Home, Fuller was loaded by his pallbearers into the cargo hold of a Trailways bus for transport to a cemetery in Bethany.

Fuller worked for 50 years as a dispatcher at Trailways. It was one of his final wishes that a Trailways bus carry him and people attending his funeral to the cemetery.

A graduate of Batavia High School in 1965, Fuller is best remembered for his work at WBTA both spinning records and broadcasting sporting events, as well as his decades-long work as a public address announcer at Batavia sporting events, including Batavia HS basketball and Batavia Muckdogs games.

For his full obituary, click here.

For our prior story about his passing, click here.

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New owner of P.W. Minor promises to keep jobs in Batavia, predicts business growth

By Howard B. Owens

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Under new ownership, Batavia's oldest company is going to get lean.

That doesn't mean layoffs at P.W. Minor. Far from it. It means implementing a process of production that eliminates waste and increases productivity.

"Lean manufacturing is nothing fancy at all, but it is a set of fundamentals that if you follow them you know your production will go way up," said Hundley Elliotte, the new CEO of P.W. Minor. "It has been proven time and time again. It's not the solution to all problems but when you're in a challenging manufacturing environment and you have price pressures and cost pressures and all those kinds of things, lean is a very good way to root out waste and boost productivity."

Elliotte is a partner with Tidewater + Associates, the investment company that acquired P.W. Minor from Pete Zeliff earlier this month. Zeliff and then-partner Andrew Young saved P.W. Minor from certain closure in 2014. More than 100 jobs that were outsourced to China were returned to Batavia as a result and Zeliff instituted a program of equipment upgrades to the plant, including increasing automation.

Tidewater's acquisition of the company, Elliotte said, is just the next step in a process of growing the company, Elliotte said during an interview with The Batavian this morning.

There's no plan to cut the workforce, move the production out of Batavia, or do anything other than grow, Elliotte said.

"We felt like there was something powerful here in the fact that this company has been here for so long," Elliotte said. "I think you bring bad luck and find yourself in a bad spot when you break up something like that. It's almost like firing a legacy coach. You know when you watch it happen, whether it's Bobby Knight or Bear Bryant, or whomever, when they leave it's always a void. You know it's hard to pick up the momentum again."

The reception to the transition, which took place at the beginning of the month, seems to have been positive among employees, Elliotte said.

"We felt like the response was very positive and I think everyone knows this has been a journey and there's still some journey left," Elliotte said. "There's still choppy waters out there. We have to work hard. We have to get better. We hope to get better every day but I think I think everyone's bought into that.

It's only been a week since the lean manufacturing process was introduced and it hasn't spread yet throughout the entire organization but already there are charts on boards that provide employees with metrics to measure their performance.

Employees are also being trained on processes that will boost productivity.

An example shared by Elliotte was establishing a process for getting a machine ready for production before the next shift so when the shift starts, production can ramp up quickly.

"It's just about getting that discipline of how we operate and making clear who has responsibility for what and making sure that it's done, so that when the machine is supposed to be running you know it's running," Elliotte said.

The process of tracking and measurement helps motivate employees to meet goals, he said.

"Everybody wants to do a good job," he said.

To help keep these jobs in the United States, Empire State Development provided P.W. Minor with an incentive package and the Local Gateway Development Corp. provided the company with a loan. Zeliff said as part of the acquisition deal he is personally paying off the loan.

Tidewater was attracted to P.W. Minor as an acquisition target because it already fits the profile of the kind of companies the investors like in their portfolio -- sustainability and promoting U.S.-based jobs.

The welt constructed by Goodyear Tire & Rubber Company for P.W. Minor boots, for example, means they will last a long time. That's good for the environment, Elliotte said.

He would like to see the Batavia plant eventually become sustainability certified. It's what consumer surveys and buying preferences say a large portion of the market wants, Elliotte said, and financially there is little reason for a company like P.W. Minor not to pursue that course.

"I'm not necessarily a big environmentalist but we all care about the planet," Elliotte said. "There are other things we can do. You know course A is better than course B and you know each of them has the same kind of financial outcome; course A is much more sustainable so do that.

"It's something that people care about," Elliotte said. "It's not that it has to overwhelm the business, but if you can run the business that way, every day make yourself more environmentally sustainable, that's a good thing, right?"

He said Tidewater is also committed to creating and sustaining U.S.-based jobs.

"There's no reason for P.W. Minor to go away and just to make all those boots in China," Elliotte said. "I understand that it makes sense in certain situations where you have you know a lower price point shoes or things like that, but there's no reason not to make boots that retail at $250, $300, or $400 in the United States. That's kind of where we've drawn the line and are trying to do our part to keep those jobs here."

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