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Former Bergen resident told second trial on fraud charges will be July 7

By Howard B. Owens

Michele Ann Case, granted a second chance at a trial on fraud charges after her first conviction was overturned, is likely to get that trial starting July 7, Judge Robert C. Noonan said in County Court today.

Case will have until April 18 to accept any plea offer, if one is forthcoming, Noonan said.

It's Noonan's practice to set plea cut-off dates, after which point a defendant must either go to trial or plead guilty without any conditions.

District Attorney Lawrence Friedman has not publicly stated whether there is any potential plea offer.

Case, 47, a home health care nurse, formerly from Bergen, is accused of bilking her former employer out of $14,000 by filing fraudulent financial records about her hours and travel.

For previous coverage, click here.

Council passes budget 5-4 after Hawley and Christian swap positions

By Howard B. Owens

Story by Dan Fischer, WBTA:

By the slimmest of margins the Batavia City Council Monday night approved a budget for the coming fiscal year that includes the hiring of an assistant city manager.

The budget approval process nearly derailed when Ward 6 Councilwoman Rose Mary Christian withdrew her support of the budget and voiced opposition to the assistant manager’s position.

The budget was approved by a narrow 5-4 margin.

Joining her in opposition were Ward 5 Councilwoman Kathleen Brigs and Councilmen-at-large Eugene Jankowski and John DeLeo.

Christian said that after “dozens of telephone calls” she learned that the federal government would soon step in to address the rising cost of FEMA flood insurance.

The study of flood insurance, and how to control rising premiums, would be the primary responsibility of the new assistant, according to City Manager Jason Molino.

“We really don’t need an assistant now that the federal government is stepping in,” Christian said.

Molino took exception to Christian noting that federal intervention into the flood insurance issue was only a proposal and not a certainty.

Still, it was enough for Christian to change her vote and touch off a lengthy debate among council members to table the budget.

Councilman-at-large John DeLeo favored a delay in the budget vote and remove funding for the assistant’s position. “My constituents have told me ‘hell no’ on this assistant manager issue,” DeLeo declared.

When a vote to table the budget failed by a 5-4 vote it was clear the budget, with funds for the assistant manager, would pass.

Council President Brooks Hawley, who had stated his opposition to the assistant manager’s position in early budget debates, said his objection did not rise to the level of scuttling the entire budget. Hawley voted in favor the budget along with council members Kris Doeringer, Patti Pacino, Pier Cipollone and John Canale.

The $24-million budget calls for a reduction in the tax rate of 13-cents per $1,000 assessed valuation. A separate measure to increase water rates passed unanimously. The increase will cost the average city water customer another $10 per year.

CORRECTION: The tax rate is 13 cents less per thousand. The original store misstated the amount.

Woman given second chance on drunken driving charge sent to jail for six months

By Howard B. Owens

A Pavilion mother twice arrested under provisions of Leandra's Law will have to serve six months in jail after blowing a chance to avoid lockup given to her by Judge Robert C. Noonan a year ago.

Angela R. Kruse, 42, will also be on probation for five years.

Kruse was first arrested in Le Roy for driving drunk with her children in her car in June 2012. She was arrested again four months later in Wyoming County following a rollover accident.

Kruse appeared before Noonan last March after going through rehab and was told if she could stay out of trouble for 11 months she could have a chance to put her Genesee County charge behind her, but she violated the terms of her release and appeared before Noonan again today to answer for the lapse.

Police want to question man in connection with theft from downtown liquor store

By Howard B. Owens

Batavia PD is looking for the public's assistance in locating a man suspected of stealing a bottle of Jack Daniel's Honey from the YNGodess Shop on Main Street, Batavia.

Owner Christine Crocker reported the alleged theft to police last weekend after confronting a person she believes took a bottle of booze from the store. Crocker chased the man down and recovered a bottle of alcohol, but the man then fled.

Crocker said she had refused to sell liquor to the man, citing state law, because she believed he was already intoxicated.

The man in the photos is wanted for questioning in connection with the incident.

The suspect is described as a white male, thinner build, with a shaved head and a goatee. He was said to be wearing a dark zip-up jacket and white and black Nike sneakers.

The anonymous tip line for BPD is (585) 345-6370.

Genesee County Chamber announces opposition to Seneca casino in Henrietta

By Howard B. Owens

Press release:

The Genesee County Chamber of Commerce has joined the growing opposition to the expansion of casino gaming in Western New York.

The Chamber’s Board of Directors has unanimously passed a resolution opposing any new proposed casino in New York west of Route 14 and specifically the location of a new tax-free, Las Vegas-style casino in Monroe County owned and operated by the Seneca Nation.

The addition of another casino located in Western New York would over-saturate the regional gaming marketplace and would have negative impact on Batavia Downs Gaming and its operations. Batavia Downs Gaming is located in Genesee County and has shown to be an outstanding partner in the community and is directly and indirectly responsible for thousands of jobs in our region.

An additional casino in such proximity to Batavia Downs will greatly jeopardize the livelihoods of those thousands of individuals who rely on the continued operation and success of Batavia Downs Gaming. Not only would Batavia Downs Gaming be affected, but the addition of a full Las Vegas-style casino has shown to have a negative impact on surrounding restaurant, hotel and other hospitality businesses as well.

The Genesee County Chamber of Commerce has asked fellow business organizations in the region to join in opposition to expanding gaming in Monroe County and all other locations in New York west of Route 14.

Michael Napoleone Memorial Foundation donates $10K to Golisano Children's Hospital

By Howard B. Owens

Press release:

The Michael Napoleone Memorial Foundation donated its first installment of $10,000 to the new Golisano Children's Hospital which is currently under construction in Rochester, NY, with opening date slotted for 2015.

This is the first installment as the foundation has pledged a total of $50,000 to the project. The monies will be earmarked for the Child Life Office in the new facility. Child Life provides the hospitalized children with therapeutic programs, play and other activities to help children and families cope with the challenges of illness or hospitalization.

This is another way the Michael Napoleone Memorial Foundation continues to fulfill its mission and Lend a Hand for Hope. For more information on fundraising events, or to see how you can help, go to www.michaelshope.org.

Photo: Darien fire rekindle

By Howard B. Owens

Brittany Hodge sent his picture of the rekindle of this morning's fire at 1363 Broadway, Darien.

There have been a couple of rekindles today, but this one required both Darien fire and Corfu fire to be dispatched, along with a fill-in by Pembroke at Corfu's hall.

UPDATE 6:10 p.m.: Alexander fire has been dispatched to the rekindle.

Previously:

The Batavian's photographer wins second place in photo contest

By Howard B. Owens

Howard Owens, publisher and photographer for The Batavian, won a second-place award for photography in the spot news category in a monthly contest sponsored by the National Press Photographers Association.

NPPA sponsors a monthly clip contest in its 11 regions. Genesee County is part of Region 2, which comprises all of New York, the eastern half of Canada and international members based overseas.

Owens won the award for his coverage of the Baskin Livestock fire in November.

The award for Owens was announced last week along with a third-place award in October in sports for Mark Gutman, staff photographer for the Daily News.

In 2013, Owens received a third-place award in March for general news coverage and third place in June for feature/multiple photos.

NPPA awards points throughout the year for photos chosen in first through fifth place (only first through third winners are publicly announced), as well as a single point for each entry.

For the year, Owens was awarded 154 points, good for 15th place in Region 2. Tops was Steven Russell of the The Toronto Star, with 1,132 points.

Gutman had 90 points and Nick Serrata, who freelances for the Daily News, as well as other publications, had 80 points.

Owens, Gutman and Serrata were the only photographers in WNY to place in the top 20.

'Training just kicks in' as volunteers help evacuate their burning apartment building in Darien

By Howard B. Owens

A classic, fully restored Harley was lost, as well as a restored Jeep. Six residents lost their personal belongings. The apartment building at 1363 Broadway, Darien, was destroyed.

Sadly, a dog lost his life.

But no people were seriously hurt, or worse.

That bit of good fortunate is a credit, it seems, to the professionalism of two members of the Darien Volunteer Fire Department who lived in the apartment building.

Joshua Reeb and Paul Redden were home when the fire broke out sometime around 4:30 a.m.

Redden smashed through Reeb's door and woke his fellow volunteer. He said he smelled smoke. Reeb felt the door into the hallway. At that point, he said, his fire training kicked in.

"It was all fire training," Reeb said. "I knew right away from the smell and the heat it was a real one. It wasn't somebody burning something. It was real."

Reeb and Redden helped alert the other residents, including the landlord, who owned the building and had lived in the main apartment for 30 years. Reeb helped him down the second-floor fire escape.

"I knew I had to get out and I had to get out now," Reeb said.

The two volunteers then rushed to the Darien fire hall -- less than a half-mile away -- and got their trucks "ready to rock and roll."

"I knew I wasn't going to be able to fight this fire," Reeb said. "But I knew I could get to the hall, open the doors, get the truck ready and let other people take over."

It was pitch black coming out of the apartment onto the fire escape. Knowing the layout, staying calm, not trying to grab his belongings, and being aware of what was going on around him made all the difference, said the 22-year-old Reeb, who has been a volunteer for five years.

"The training just takes over," Reeb said. "There's no fear. It's just respect for the fire, knowing I've got to do this and I've got to do this. All of that training just kicks in. It didn't hit me until I saw the flames coming out of my bedroom window and then it took me to the ground."

The initial investigation indicates the fire originated in the basement garage where fumes from spilled gasoline may have ignited when a hot water heater kicked on.

The building was owned by Scott Gielow, a mechanic who had converted his basement into a garage where he restored the vehicles he loved -- Harleys and Jeeps. In addition to losing the restored vehicles, he had two Jeeps that were still projects.

The fire was reported at 4:35 a.m. and as soon as Darien Chief Jim Marino got on scene he called for a second alarm. Flames were shooting out of the back of the building.

Two residents suffered minor burns and were treated at the scene.

The century-old structure was balloon construction with no insulation. Aluminum siding helped contain the fire to the interior of the building, but the flames just shot up the walls, unhindered by the kind of blocks between floors used in more modern buildings.

New hot spots seemed to flare up faster than firefighters could pour water on other involved parts of the building.

"The nature of the fire, the wind, the balloon construction, where it started, just made it hard to attack," Marino said.

Marino said it sounded like Reeb and Redden did a good job of making sure everybody got out of the building safely.

"It could have been a lot worse," Marino said.

Responding departments included Darien, Alexander, City of Batavia (Fast Team), Town of Batavia, Corfu, Pembroke, Alden and Bennington. Marcy EMS and Darien Ambulance also responded and deputies were on scene.

The Red Cross is assisting the displaced residents.

UPDATE 4:52 p.m.: Darien has been dispatched for a possible rekindle of the fire. It's the second rekindle this afternoon.

UPDATE 4:54 p.m.: Per chief, all units can remain in quarters.

UPDATE 5:29 p.m.: Darien and Corfu dispatched for a rekindle.

Joshua Reeb looks over the damage to the apartment building where he had been living.

To order prints of photos, click here.

Tractor-trailer hits pole on Liberty Street

By Howard B. Owens

A tractor-trailer has hit a pole in the aera of 29 Liberty St., Batavia.

No injuries are reported.

City fIre and Mercy EMS dispatched.

UPDATE 1:03 p.m.: National Grid notified. No ETA.

Most viewed posts for January and February

By Howard B. Owens

Photo: As cold weather breaks, Dave's Ice Cream opens for the season

By Howard B. Owens

It's gotta be some sort of sign that spring is near when Dave's starts selling ice cream.

Owner Debra Webster would have opened a week ago, but she couldn't even get the ice off the parking lot. Finally, the parking lot is clear and the doors are open.

Webster has been in the ice cream business for 28 years, starting at the location that is now Dave's when she was 16. Six months later, she was the manager (it was Brenden's then) and working full time even while attending high school.

In 1995, she bought her first ice cream shop, an Abbott's Frozen Custard franchise in Brockport, which she still owns. Eight years ago, she bought Brenden's and changed the name to Dave's.

Photo: Litter patrol on Main Street, Batavia

By Howard B. Owens

It might not be quite spring cleaning, but with snow melting and the sun out, two city workers patrolled Main Street Downtown this afternoon looking for any litter that may have become visible. They are Shawn Easton and Shawn McAlister.

GCEDC board approves incentives for Liberty Pumps and Bank of Castile expansion projects

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved applications for two projects at its March 6, 2014, board meeting. 

The Bank of Castile/Tompkins Trust Company is purchasing a building located at 113-119 Main St. in the City of Batavia and plans to renovate the second floor (10,000 square feet) into a call center for its expanding operations because of limited space in its current location in the City of Batavia. The company also plans to maintain the first floor and continue renting space to current lessors. 

The company was approved for a sales tax exemption of approximately $53,600 and a property tax exemption of approximately $27,800 to expand its existing facility. The planned capital investment will total an estimated $1.5 million dollars and is projected to create two new jobs.

Tompkins Trust Company built a new 18,000-square-foot headquarters in the City of Batavia in 2004, investing more than $2.9 million dollars. The company had pledged to create 63 new jobs; as of 2012, it had created 74 jobs.

Liberty Pumps is planning a 100,000-square-foot expansion of its existing facility at Apple Tree Acres in Bergen, NY. The renovation will include new spaces for production, warehouse, research and development, as well as an office, auditorium and training center. An initial resolution for Liberty Pumps was approved to set a public hearing as the total amount of incentives exceeds $100,000. The capital investment for the expansion project is $9.8 million and will create 27 new jobs while retaining 124 employees at the facility.

In 2000 Liberty Pumps invested $3.7 million for the acquisition of the land and construction of a 60,000-square-foot manufacturing facility. It underwent another expansion project in 2008 which entailed the investment of an additional $4 million for the construction of a 64,000-square-foot addition to the existing facility.

“It’s great to see companies that our agency has assisted with in past, come back to us with plans to expand their operations and create even more jobs in our region,” said Wally Hinchey, GCEDC board chairman.

Batavia officer finds weather just warm enough for bike patrol

By Howard B. Owens

At 7 a.m., when Officer Kevin DeFelice came on duty, it was about 20 degrees, but the forecast was for sun, so DeFelice, the officer in Batavia PD assigned to bike patrol, decided it was a good day to hop on two wheels rather than toil behind one.

DeFelice spent his shift on the bike on a day where the high eventually hit 35 degrees.

With the sun out and the snow melting, it did feel like spring, even though the forecast makes tomorrow look more like a temporary reprieve rather than an end to winter. There's a chance of snow the following six days in the forecast, but no anticipation of the unrelenting, bitter cold that has been such a part of this winter.

DeFelice can get around the city pretty quickly on his bike. After the shot above, he rode out to East Avenue near Clinton to assist with a traffic stop on a vehicle that matched the description of a warrant suspect (turned out to not be the person police were looking for). 

GCEDC holds annual meeting at GCC

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) held its annual meeting at Genesee Community College to unveil the organization’s 2013 annual report. During the meeting, Genesee Community College (GCC) was honored for its collaboration in the community as it received the Economic Development Partner of the Year Award from the GCEDC.

“Because of the strategic leadership of the public and private sectors in 2013, the economy of Genesee County remains strong and the business climate continues to remain positive,” said Wally Hinchey, chairman, GCEDC. “I am confident that the GCEDC, the County, and our municipal partners will continue to work together to make business attraction and expansion a priority for 2014, and am proud to recognize GCC as the GCEDC partner of the year.”

The college was recognized for its role in executing strong economic development and workforce programs for the region. In collaboration with the GCEDC and the Best Center, it has helped more than 80 students graduate with certificates in advanced manufacturing/nanotechnology and food processing technology. These graduates have found local employment in industries they would not have thought to pursue. GCC will continue partnering with the GCEDC by implementing new degree programs to support numerous businesses, industry training programs and attraction efforts, as well as the START-UP NY program run by the college.

The approximately 300 people in attendance also were provided an update on developments at the Science and Technology Advanced Manufacturing Park (STAMP) in the Town of Alabama by Mark Peterson, president and CEO of the Greater Rochester Enterprise and Thomas Kucharski, president and CEO of the Buffalo Niagara Enterprise.  Both participated in meetings last month with representatives from the GCEDC and organized labor to advocate on behalf of STAMP with members and staff from Governor Andrew Cuomo’s office and members of the New York State Senate and Assembly.

The state has listed the STAMP project as a top economic development priority and has released $5 million in funds to move the project forward, but still $33 million is needed to make the project shovel-ready lite. The project, which has the potential to create thousands of new jobs, has the support of labor unions and the business community from Buffalo and Rochester, along with senators and assembly members in the Finger Lakes and Western New York regions.

“Going into 2014, it is critical that we continue to sustain this year’s great achievements and reach the goals we have set for growth and development in the county,” said Steve Hyde, president and CEO of the GCEDC. “We will continue to ramp up our sales and marketing efforts for STAMP to attract large-scale semiconductor and high-tech companies to the site.”

Change clocks, change batteries this weekend

By Howard B. Owens

Press release:

Remember that as you change your clocks ahead on Sunday, March 9, it’s the perfect time to change the batteries in home smoke detectors and carbon-monoxide detectors, as well.

Even “hard-wired” smoke detectors that are plugged in to the home’s electrical supply typically have a nine-volt backup battery to keep the detectors operating in case of a power outage. Often they will “chirp” when the batteries are dying – that means to change the batteries, don’t disconnect or disable the devices!

While changing the batteries in your smoke detectors, make sure to test the audible alarm by pushing the button; check that the vents are clean and not clogged with dust; and check the manufacture date. Typically, detectors should be replaced every 10 years.

At least one smoke alarm should be placed on every level of the home. The most important location is near the bedrooms to provide an early warning to all sleeping occupants. A smoke alarm should also be placed inside every bedroom. Follow the manufacturer’s instructions on how to properly install a smoke alarm.

Smoke detectors, plain and simply, save lives. Every year in the United States, about 3,000 people lose their lives in residential fires. Most fire victims die from inhalation of smoke and toxic gases, not as a result of burns. Most deaths and injuries occur in fires that happen at night while the victims are asleep. Properly installed and maintained smoke alarms in the home are considered one of the best and least expensive means of providing an early warning of a potentially deadly fire.

In addition to changing your smoke alarm batteries this weekend the City of Batavia Fire Department recommends following these simple steps to protect your life, your loved ones and your home:
    •    Dust or vacuum smoke alarms when you change the batteries.
    •    Test alarms once a month using the test button.
    •    Replace the entire alarm if it’s more than 10 years old or doesn’t work properly when tested.
    •    Make sure everyone in your home understands the warning of the smoke alarm and knows how to respond.

Finally, prepare and practice an escape plan so that you and your loved ones can get out of your home safely should there be a fire. Plan to meet in a place a safe distance from the fire and where first responders can easily see you.

The City of Batavia Fire Department has a free smoke alarm and battery installation program. For information about the free smoke alarm and battery installation program, City of Batavia residents should contact the City of Batavia Fire Department at (585) 345-6375.

Batavia Youth Football resurrected after hiatus as GLOW Fighting Ducks

By Howard B. Owens

Press release:

Batavia Youth Football is pleased to announce that it has affiliated with the Greater Rochester Pop Warner Little Scholars, Inc. In doing so BYF has been granted the opportunity to field a youth football team, with participants from Genesee, Livingston, Orleans and Wyoming counties.

This new team will reach out to all players from all four counties with no stipulations.

Teams associated with the GRPWLSI are the Chili Lions, Fairport Jr. Red Raiders, Greece Chargers, Hamlin Hornets, Irondequoit Scream’n Eagles, Monroe County Redskins, Ogden Bears, Webster Wildcats.

The season consists of seven games, all of which are played on Sundays. The games are refereed by certified NYS Section V referees according to NYS Section V rules. Each quarter is 10 minutes in length, including special teams.

The primary function of the GLOW Pop Warner youth football team and cheerleading squads will be to teach the fundamentals of the game of football and cheerleading as well as respect for education, and to develop strong, smart, responsible, healthy young men and women.

We want to develop our player’s appreciation for, and understanding of, leadership, teamwork and discipline.

Pop Warner football was founded in 1929 near Philadelphia. Since then, the participation has increased. Pop Warner football has had more than 250,000 participants, steadily increasing each year.

GLOW Pop Warner is looking to field three teams, Mitey Mite, Jr. Pee Wee, and Pee Wee with age ranges from 7 to 12 years old. It does not matter if the town where the child comes from has a NOFA or CYFL team, they will still be eligible to participate. 

GLOW Pop Warner youth football team and cheerleading squads are revamping their long accustomed uniforms to a more modern styling, similar to that of the Oregon Ducks.

Season long rate for both football players and cheerleaders is $50. Registration with be held at T.F. Brown’s in the side room of the main entrance on Saturday and Sunday, March 22 & 23, and March 29 & 30. Registration forms may be completed prior to registration dates and brought with the registrar. These registrations can be located on the Pop Warner Web site, at the top of the page under “Forms & Admin” – 2014 Player/Participant Contract.

REGISTRATION:

    Saturday    March 22, 2014    (9 a.m. – 12 p.m.)
    Sunday     March 23, 2014    (11 a.m. – 3 p.m.)
    Saturday    March 29, 2014    (9 a.m. – 12 p.m.)
    Sunday    March 30, 2014    (11 a.m. – 3 p.m.)

SAFETY FIRST:
Our athletes will compete with kids similar in age and weight. According to Pop Warner National Football, football is safer than soccer. Pop Warner has 12 percent fewer injuries per capita among 5-15 year olds than organized soccer in the same age range (**U.S. Consumer Product Safety Commission, NEISS).

NO PERSONAL STATISTICS:
The GLOW Fighting Ducks will only recognize the athletic accomplishments of the team, not the individual. Unlike other leagues where the main focus is on the competitiveness of winning and molding the next superstar, we will not track personal tallies of touchdowns, or yards rushing per game. We won’t count sacks or blocked kicks. We applaud the athletic efforts of the team to reinforce the importance of team work, with each member. Our goal is to show that each young person is an integral part of our team, and always will be.

If you have questions, contact Marc Lawrence, GLOWFightingDucks@gmail.com, or (585) 300-8213.

Turtle rescuer in trouble with DEC

By Howard B. Owens

CORRECTION: It turns out there are two people from Attica named John Volpe who rescue turtles. There is John P. Volpe, who was arrested, and John K. Volpe, who is the person we met on Creek Road in 2012. We apologize to John K. Volpe and his family for the mistaken identity.

We met John Volpe two years ago after spotting a snapping turtle trying to cross Creek Road by Baskin Livestock.

Now Volpe is in quite a bit of trouble with the Department of Environmental Conservation for his collection of turtles and birds of prey.

When we met Volpe previously, he had stopped his car on Creek Road to carry the turtle out of the road. A short time later, Volpe's wife arrived and the couple took the turtle to their place in Attica.

Volpe explained to me that he and his father often rescue turtles. He said they would take the turtle home, ensure she (or he) is healthy. If healthy, and a female, they would hold her until she laid her eggs, then release her back into the wild, then raise the babies.

"Turtles mean a lot to us," said Volpe, who is Native American.

He is now facing state charges on alleged unlicensed possession of more than 100 live native turtles, including one live wood turtle, which is currently listed as a "species of special concern" in New York State.

Volpe is also accused of having numerous live birds that require a license to possess, including screech owls, great horned owls, a snowy owl, red-tailed hawks, turkey vultures, gulls, a blue heron and numerous other birds.

He was also allegedly found to possess taxidermy mounts of more than a dozen species of protected birds of prey including: screech owls, great-horned owls, snowy owls, barred owls, saw-whet owls, red-tailed hawks, Cooper's hawks, sharp-shinned hawks, kestrels and turkey vultures.

The  62-year-old also faces possible federal charges for taxidermy work on migratory waterfowl as well as possessing bald and golden eagle mounts and parts.

Volpe was allegedly found in possession in 2005 of two birds of prey. The birds were placed in a licensed facility, according to the DEC, and Volpe was given a chance to obtain a property license, but did not complete the process, the DEC said.

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