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It's the end of the competition, but not the end of the line for Le Roy and Bergen, Legislator Shelly Stein said today after learning that the two communities will not be finalists in the America's Best Communities competition sponsored by Frontier Communications.

The joint effort by Le Roy and Bergen to enter the competition, which could have resulted in a $3 million prize to spend on economic development, did lead to a $50,000 grant to develop an economic development plan, and that will pay off for the northeastern corner of Genesee County for years to come, Stein said.

"We already won," Stein said. "We had the $50,000 that we were able to take from Frontier and match that up with a long-term revitalization and economic plan for both Le Roy and Bergen. It brought out communities together and we found some significant commonalities that we can work towards. Having that plan in hand is something both communities can work from going forward."

The contest has proven highly competitive, said Claudia Maroney, area general manager for Frontier. 

'It was a great plan," Maroney said. "They put a lot of effort into it. There were 50 communities that submitted great plans, and unfortunately, Le Roy did not make it to the finalist round."

The planning and cooperation process led to some great community events, some great meeting of the minds and the realization there were projects the communities could undertake outside of the ABC competition.

The grants applied for and received during the process include $420,000 for land acquisition at the Le Roy Tech Park, the Village of Le Roy is getting $100,000 for downtown sidewalks and $20,000 for a waterfront strategy plan; and the Village of Bergen is getting $20,000 for a revitalization plan and $30,000 to study upgrading the sewer system.

All of these activities gained support and are better guided by the revitalization and economic development plan developed for the contest, Stein said.

And through the process, the communities learned a little bit more about themselves, too.

"Everyone is just a little bit more aware of how our community has a great reputation," Stein said. "We have a great work ethic. We really didn't know that our workforce is so highly skilled and that got pointed out during the process. We walk a little taller. We have a smile on our faces a bit longer and there's a bounce in our step."

A letter from a constituent about a bullet that passed through the walls of his house on Bank Street in November prompted a discussion among County legislators during the Public Service Committee meeting Tuesday afternoon about the merits of a recently enacted local law that allows long guns to be used during hunting season.

Legislator Ed DeJaneiro expressed the most concern about the law.

"This bullet passed through two windows and continued on and I think it's just a matter of time before something is going to happen and everybody's going to say, 'Oh, my God," DeJaneiro said.

Bill Moon reported the incident to the police and the Department of Environmental Conservation investigated and determined the bullet likely came from a .30-caliber weapon.

In his letter, Moon expressed concern that there are just too many irresponsible people out there to allow long rifles in a county like Genesee where the land is mostly flat.

"We were very fortunate not to be home at the time of the incident and so escaped possible harm or death," Moon wrote. "Every day that we got up and saw the damage reminded us how close we were to an immediate danger. Some other person or child playing in a yard may not be so lucky next time."

The local law was enacted at the request of a group of gun owners who noted Genesee County was one of the few counties in the state that didn't allow long rifles for big game hunting. The Legislature passed a resolution asking the State Legislature to change the local law, which it did last year at the urging of Senator Mike Ranzenhofer and Assemblyman Steve Hawley.

Legislator Mike Davis noted that the county can't repeal the law and can only look to the State Legislature not to renew it when the sunset provision rolls around in October 2017.

"At this point, I think we can just keep our fingers crossed and hope there isn't an incident that's going to make us all feel different about this law," DeJaneiro said.

DeJaneiro suggested the County Legislature needs to seriously reconsider the law.

"These weapons are not needed for hunting deer in a highly populated, flat area," DeJanerio said.  

Long rifles are better suited to a county like Wyoming, with hills and valleys where hunters can better take advantage of the capabilities of a long rifle to take down prey.

Committee Chair Marianne Clattenberg said she brought the letter to the meeting and put the discussion on the agenda because Moon is one of her constituents and he has a right to have his concerned heard. 

"This will come up again next year and let's hope this is an isolated incident," Clattenberg said.

Terrance D. Bauer, 54, of Church Street, Basom, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. The Local Drug Task Force executed a search warrant at Bauer's residence and allegedly found cocaine and marijuana and various smoking devices and scales. Bauer was issued an appearance ticket.

Elizabeth Michelle Grattan, 26, of Maple Street, Batavia, is charged with petit larceny. Grattan is accused of shoplifting from Kohl's Department Store, allegedly stealing merchandise valued at $99. Grattan was jailed on $1,000 bail.

A 16-year-old from Pavilion is charged with criminal mischief, 4th, and harassment, 2nd. The youth was allegedly involved in an altercation at Pavilion Central School, punching another person in the face, resulting in minor injuries and a broken phone.

A 78-year-old Le Roy resident has been issued traffic citations stemming from a pedestrian accident Saturday night that claimed the life of a Batavia resident at Main and Bank streets.

Robert Christner was cited for failure to yield right-of-way to a blind or visually impaired person in a crosswalk and expired NYS inspection.

While the investigation is continuing, police investigators have concluded that Joseph Ogozaly, 58, who was legally blind, was crossing Main Street northbound on the west side of Bank Street with the light and had the right of way when he was allegedly struck by Christner's black pickup truck.

Christner was on Main Street, westbound, and was the sole occupant of the vehicle.

Press release:

Congressman Chris Collins (NY-27) today issued the following statement after President Obama’s State of the Union address.

“I had hoped President Obama would use tonight’s address to apologize to the American people for his failed policies, which have weakened America’s standing abroad, failed to stop the expansion of ISIS, dramatically increased our national debt, and caused poverty rates across the nation to skyrocket,” said Congressman Collins. “But instead, what I heard was a refusal to own up to any mistakes, and a call to continue on a path that fails to find the solutions working families deserve.

“Americans are demanding a new direction. On the global stage, we need to stand up to our enemies and lead by example. Instead of befriending countries like Iran, who detained U.S. sailors and whose leaders still chant ‘Death to America’ and Cuba, which is holding onto one of our Hellfire missiles, we need to protect allies like Israel.

“When it comes to here at home, the president’s policies have failed to create an economy that can support the middle class. As a result, thousands of Western New Yorkers are still struggling to make ends meet. To get the millions of middle class workers on the sidelines back to work, we need to encourage an environment friendly to job creation through comprehensive tax reform, energy independence, entitlement reform and a patient-centered health care system.

“Unfortunately, the president has stuck his head in the sand, again. Instead of real solutions to the challenges we face, he chose to give us more of his failed rhetoric. America is the greatest country in the world, but if we are to stay the best, we need a leader who will make tough decisions, instead of trying to embellish his legacy.”

• All after-school and evening activities at Pavilion Central Schools are cancelled.

E-mail cancellations to howard@thebatavian.com

It's cleared now, but about a half hour ago, Batavia got hit by a snow squall that reduced visibility. It was hard to see even more than a few trees deep into Centennial Park.

Forecasts show another band or two of lake effect snow heading our way this afternoon. The National Weather Service is Buffalo has a lake effect snow advisory in place until 10 p.m.

As the state has cut mental health services, counties have become increasingly burdened with dealing with de-institutionalized people who often wind up in trouble and in jail.

Locally, people involved in the criminal justice system would like to find ways to keep people with mental health issues out of jail, and to that end the county will apply for a grant to send five people to a summit in Washington, D.C., where local officials from across the country will discuss how they're dealing with these same issues.

"Everyone in the criminal justice community agrees this is an issue and it's an issue that is bigger than just us, so let's go talk with others in other communities and find out ways that worked in their communities and see if we can bring back some of those ideas to Genesee County," said Assistant County Manager Matt Landers.

Landers said Sue Gagne, director of the Mental Health Association, found out about the summit and grant for attendees and brought the idea to Undersheriff William Sheron, who brought it to Landers' attention.

Landers and Director of Mental Health Ellery Reeves presented a resolution authorizing an application for the grant to the Human Services Committee on Monday.

The committee unanimously recommended the full Legislature approve the application at its next meeting.

Though there are no hard numbers, it's clear there are more and more people coming into the jail who have mental health issues, Landers said.

"That number is growing and we don't think it's a coincidence that as the state is closing down institutions and these individuals leave these institutions and come back to their communities of home, that we are now finding some of these individuals using our jails," Landers said.

Mental health issues run the gamut, including depression and schizophrenia, that jail personnel are required to monitor. That adds to the expense of running the jail as well as increasing the jail population.

There's also substance abuse problems connected to these individuals, Reeves said.

"There is no separation," Reeves said. "Literally, when you're saying 'mental health,' you're saying 'mental health and substance abuse.' "

The goal of attending the conference is to find ways of linking services and strategies to either keep people out of jail or keep them in treatment once they're released from jail so they are less likely to return, Reeves said.

Landers said as much of 70 percent of the people incarcerated here at any one time might have mental health issues, which is substantially more, he said, than a few years ago.

Funeral arrangments have been announced for Joseph Ogozaly Jr., 58, of Batavia, who was struck and killed by a pickup truck Saturday night on Main Street, Batavia.

Ogozaly, a veteran of the Air Force, will be buried with military honors at 10 a.m. Friday at Grandview Cemetery.

Det. Rich Schauf said there is no new information available in the investigation into the accident that claimed Ogozaly's life.

The driver of the truck has not been charged and his name has not been released.

"We are still investigating the circumstances of the incident to determine the outcome," Schauf said.

For Ogozaly's full obituary, click here.

     Leonard Johnson      Duffy Starks

Leonard A. Johnson, 23, of Hutchins Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Johnson is accused of selling crack cocaine to agents of the Local Drug Task Force on two separate occasions in 2015. Johnson was arrested on a warrant while at the County Courts Facility on an unrelated matter. He was arraigned in City Court and jailed on $25,000 bail.

Duffy Starks, 23, of North Spruce Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Starks was arrested on a Grand Jury indictment warrant based on an investigation by the Local Drug Task Force into the sale of crack cocaine in and around the City of Batavia. Starks was jailed on $50,000 bail.

 

 

 

     Tylee Gaines

Tylee Demetrius "Love" Gaines, 37, of Waverly Place, Rochester, is charged with criminal possession of a controlled substance with intent to sell, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, two counts of aggravated unlicensed operation, obstructed view and unlicensed operator. Gaines was stopped on Ross Street at 4:30 p.m. Thursday by Officer Chad Richards. Gaines was stopped for an alleged obstructed view. He was allegedly found driving on a suspended license. Patrols allegedly detected the odor of marijuana. Gaines was arrested and transported to Batavia PD headquarters where he was allegedly found in possession of marijuana and several small bags of crack cocaine. He was arraigned in City Court and jailed without bail.

Patrick D. Neaverth, 35, of Genesee Street, Buffalo, is charged with harassment, 2nd. Neaverth is accused of slapping a mobile phone out of a woman's hand and grabbing her by the arm and pulling her to the ground while at a residence on Kingsbury Avenue, Batavia, at 4 a.m. Monday. He was jailed on $250 bail.

Essence A. Williams, 18, of Dellinger Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a second-degree harassment charge. Williams was jailed on $100 bail.

Rochelle V. Tomlin, 39, of West Main Street, Batavia, is charged with obligation of a parent or guardian. Tomlin was charged under Batavia Municipal Code after her child was allegedly found loitering on Porter Avenue at 2 a.m., past curfew.

Jolene M. Chenault, 33, of Highland Park, Batavia, turned herself in on a warrant for alleged failure to appear on an aggravated unauthorized operation, 3rd, charge. Chenault posted $200 police bail.

Jillian L. Lafond, 37, of Tracy Avenue, Batavia, is charged with DWI, refusal to take breath test, open container and passing red light. Lafond was stopped in the area of 413 E. Main St., Batavia, at 9:56 p.m. Jan. 5 by Officer Chad Richards.

Joseph M. Furst, 55, of Richmond Avenue, Batavia, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia. Furst was allegedly found in possession of a hypodermic needle and a glassine envelope containing a controlled substance at 9:45 p.m. Thursday at a location on Richmond Avenue by Officer Christopher Lindsay.

Lance M. Mercado, 25, of Holland Avenue, Batavia, is charged with petit larceny. Mercado is accused of shoplifting at Tops on Dec. 17.

Ward E. Royse, 40, of Walnut Street, Batavia, is charged with petit larceny. Royse is accused of shoplifting at Tops on Thursday.

Robert Lee Williams Jr., 25, of West Main Street, Batavia, is charged with harassment, 2nd. Williams was arrested following an alleged altercation at 3:21 p.m. Thursday during a basketball game at the YMCA. Williams allegedly struck another male.

Tracey L. Brewer, 50, of McKinley Avenue, Batavia, is charged with obligation of parent or guardian. Brewer was charged under Batavia Municipal Code after her child was allegedly found loitering on Liberty Street after curfew at 12:12 a.m. Saturday while police were in the area investigating a reported disturbance.

Roger James Farney III, 33, of Clayton Street, Batavia, is charged with driving under combined influence of drugs and alcohol, following too closely, moving from lane unsafely and expired inspection. Farney was stopped at 1:05 p.m. Jan. 5 on Pearl Street, Batavia, by Officer Jason Davis. A witness reported an erratic driver in the area. Farney was jailed on $2,500 bail.

Tyler Doreen Price, 23, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear to complete community service. Price was arraigned and released on his own recognizance with instructions by Judge Robert C. Balbick to report to Genesee Justice for community service.

Jeremy L. Lonnen, 24, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to appear. No further details released.

Jennifer L. Allegue, 43, of Ross Street, Batavia, is charged with allowing child to violate city curfew. Allegue's child was allegedly found on Liberty Street after the 11 p.m. city curfew at 12:12 a.m. Saturday while police were investigating a reported disturbance in the area.

Steven Michael Dick, 24, of Ellicott Street, Batavia, was arrested on a warrant for alleged failure to appear on two previous traffic violations. Dick was arraigned in City Court, entered a guilty plea, paid a fine and was released.

Teresa L. Jackson, 25, of Walter Smith Road, Catskill, is charged with aggravated unlicensed operation, 2nd, uninspected motor vehicle, and inadequate tail lamps. Jackson was stopped at 1:41 a.m. Monday on Pearl Street, Batavia, by Officer Matthew Wojtaszczyk.

Press release:

Sixth-grader Elli Schelemanow bested 22 other participants in the annual Robert Fowler/Byron-Bergen Grades 6-8 and Buffalo Evening News Spelling Bee held last month. Schelemanow now represents Byron-Bergen in the run for regional representation at The Scripps National Spelling Bee. Up next for her is a written test in early February to determine her eligibility for the regional spelling bee. That competition, The Western New York Oral Final, will be held on Sunday, March 13, at 1:30 p.m. at the Buffalo and Erie County Historical Society.

Runners-up this year are Byron-Bergen seventh-grader Joshua Swapceinski and eighth-grader Garrett Swinter. The competition put all the students through their paces, with eight challenging rounds and scores of demanding words before a champion emerged. The competition was moderated by teacher Andrew McNeil; with instructors Charlene Kelly, Laurie Penepent, and Diana Walther acting as judges. 

Byron-Bergen’s exceptional spelling contestants:

Grade 6: Corey Abdella, Madison Burke, Sadie Cook, Grace Huhn, Elli Schelemanow, Alex Toal, Ella Van Valkenburg, Hallie Wade, and Corden Zimmerman. 
Grade 7: Julietta Doyle, Josh Fleming, Gavin Lewis, John Mercovich, Alaura Rehwaldt, Sarah Streeter, and Josh Swapceinski.
Grade 8: Siomara Caballero, Alex Dean, Cambria Kinkelaar, Ethan Ray, Garrett Swinter, Justice Towne, and Grant Williams.

Byron-Bergen’s Jr./Sr. High School Interim Principal Patrick McGee congratulated Shelemanow, Swapceinski, Swinter, and all the participants.

“Our schools are proud to have Elli represent us, and I’m confident she will do a great job,” he said. “All our kids did impressive work with very difficult spelling challenges. McGee also wished to thank all the teachers at the Elementary School and Junior HS for their support, “especially Jason Blom and Elizabeth Findley and the sixth-grade team.”           

Top photo: Robert Fowler/Byron-Bergen Grades 6-8 and Buffalo Evening News Spelling Bee (l-r) runner-up Garrett Swinter, Bee champion Elli Schelemanow, and runner-up Joshua Swapceinski. 

Members of the Pembroke Girls Basketball Team, along with coaches and Pembroke staff, delivered a donation Friday to Roswell Park for $10,287. The money was raised during last week's Shoot for a Cure basketball game. The annual event has raised more than $40,000 to help search for a cure to cancer.

Photo submitted by Mike Wilson.

St. Joe's School is closed today because of a heating problem.

For other closures and delays over the next 24 hours or so, e-mail howard@thebatavian.com.

A car has hit a utility pole on Liberty Street. 

The street is unpassable because of a possible power line down in the roadway.

City fire is responding.

Also, unrelated, a low-hanging wire, unknown type, is reported on Batavia Elba Townline Road between State Street Road and Norton Road. Town of Batavia fire is responding.

UPDATE 4:33 p.m.: A car did NOT hit a utility pole on Liberty Street. A car snagged a utility line, either phone or data. Firefighters cut the line and are back in service.

UPDATE 5 p.m.: Pembroke and Indian Falls are dispatched to Remsen Road, between Akron Road and Knapp Road, for low hanging wires. Unknown type of wires.

UPDATE 5:07 p.m.: It's a Time Warner line reports a chief. It will be cut. All units to remain in quarters. 

The region could be hit by as much as six inches of lake effect snow Monday, according to the National Weather Service, which just issued a winter weather advisory for noon Monday through 1 a.m., Tuesday.

Western Genesee County is specifically mentioned as an area that could be hardest hit.

At least three inches of heavy, wet snow is expected.

Winds will be out of the west at 10 to 20 mph with gusts up to 35 mph. Visibility will be as little as a half a mile at times.

Meanwhile, heavy winds have moved in and temperatures could drop rapidly this evening, leading to the potential for black ice on roadways. The weather service advises caution if you must travel.

East Pembroke Fire Chief Don Newton is pictured with William Torres, who was honored as Firefighter of the Year by the East Pembroke Volunteer Fire Department at the department's annual awards dinner Saturday night.

Besides his tireless devotion to fire services and his many contributions to the department, Torres was honored as one of the top responders of 2015. He responded to 243 calls.

Ken Marble received the Fire Service Person of the Year award. The award can go to either a firefighter or member of the community. Co-winner this year, as voted by the members, was Ed Arnold Scrap Processors.

Marble also received certificates for going on 109 calls during the year and completing 54 hours of training.

Assemblyman Steve Hawley presented three long-serving members with certificates. From left are Dan Vania, 30 years of service, Robert Lang, 60 years of service, Hawley, and Don Newton Sr., 45 years of service.

Newton thanks the following local businesses for their support: Fenton's Produce , Ron & Newts , Holiday Ice , Kohorst Custom ome's , Ed Arnold Scrap Processors , Kohorst Trucking and Del-Mar Farms.

The department was called out 343 times in 2015. Members who made at least 25 percent of the calls and Monday night training combined for each quarter received a gift card, shirt and jacket.

The top responders, all making at least 100 calls, were: Kenny Marble, Andy Martin, Steve Smelski, Julie Waldron, James Gayton, Paul Kirch, Chris Bennett, Don Newton Sr, Don Newton Jr, Willie Torres, Matt Florian and Ryan Worthington.

Dale A. Breitwieser, 60, who gave 42 years to volunteer fire services, including stints as chief in Darien and Corfu, was lain to rest today. He was honored with a funeral procession from the Darien Fire Hall through the Village of Corfu and past the Corfu Fire Hall. Town of Batavia fire and Alden fire provided ladder trucks to hang a giant U.S. Flag over Route 33.

You can always count on a Dave Pero-coached Notre Dame team to provide opponents with a test, and that's what the Batavia Lady Blue Devils got Friday night in the finale of the Batavia Rotary Club Tournament at Genesee Community College, just when, perhaps, they needed it the most.

The contest was their first without Maddy McCulley, who had her high school career cut short with a knee injury Wednesday one game removed from scoring her 1,000th career point.

The team will carry on without McCulley, but the question that needed to be answered is would her teammates would pick up the slack?

They did.

Four players finished in double figures in scoring and Batavia beat Notre Dame 60-44.

The score may look lopsided, but the game wasn't. Notre Dame fought every minute, battling through Batavia's relentless press, finding ways to the basket at times, but also surrendering a few too many possessions.

The Irish finished the first half only five down and pulled within a point of the lead early in the third quarter. 

"When something like happens, what happened with Maddy, again my condolences, I feel terrible about it," Pero said. "I feel terrible about what happened to her, but they stepped up. The injury set her down, but the team, you could see it, they stepped up. Good teams do that and they're a good team."

Freshman Ryann Stefaniak scored 16, Tiara Filbert and Sam Cecere each had 13, and Taylor Stefaniak hit for 12.

It's the first time the Stefaniak sisters were both in double figures for the game, and that bodes well for the rest of the Lady Devils' season.

"We talked about in practice yesterday," Hein said. "I said 'Look, we're still a good basketball team; obviously, we're not the same team. We have to find a new identity as far as who is going to be doing some of those other things. Bottom line is, Maddy takes about 20 shots in a game. We can't all just look at Tiera and now expect her to shoot 40 of them.' "

Newly minted starter Elyse Snow will take up some of the slack, and Cecere will get a few more looks, but Taylor and Ryann need to add from 10 to 12 shots per game between them, Hein said.

"I turned to the two Stefaniak girls and said, 'Listen, it's really on you two,' " Hein said.

Taylor said she and Ryann are ready and she's proud of how they pulled through Friday.

"I feel like we both stepped up really well tonight," Taylor said. "(Ryann) stepped up her game a lot tonight, which we've needed her to do the whole season, but it helped a lot tonight. I think she did great."

Ryann was all over the court, tipping passes on defense, joining in double teams on ballhandlers, finding open lanes on offense and crashing the glass on rebounds, getting a couple of key putback baskets.

"Ryann is skinny as a rail," Hein said. "In most cases, I  think she's got a turtle shell on her back; she seems so slow at certain points and times. But on the offensive end, she's always kind of in the right spot. She's slashing, rebound here, rebound there. It was exciting to watch."

Filbert, the tournament's MVP, is still the leader of the team, and the shooter defenses will work hardest to stop, as Notre Dame did Friday, but Filbert is unruffled by the change in circumstances.

"I'm going to keep playing my game," Filbert said. "We all came in level-headed. We knew we had a goal we wanted to accomplish and we were able to do that. Losing Maddy is going to be a big adjustment because she helped us out tremendously on and off the court. But I know she's going to be there on the sideline and we know we have the players who are going to step up and help us out."

For Notre Dame, Becca Krenzer scored 15, Margaret Sutherland, 10, and Calli McCulley, eight.

Before the game, during introductions, Calli presented her cousin Maddy with a bouquet of flowers.

Pero said he was very proud of how his girls played, especially Sutherland, who is starting to come into her own as a scorer and floor leader, and considered the game a great learning lesson for the team, which won't see any opponents with Batavia's talent or depth in the rest of the GR or Class D.

"It was a good experience," Pero said. "We're not going to see teams this good where we're going."

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