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Partners decide to shut the doors of the Batavia Party House to focus on other businesses

By Howard B. Owens

Michael Tomaszewski, right, marvels at the fact that he and business partner Dave Stupp have remained friends through seven and a half years of operating the Batavia Party House together.

Friends that go into business together often don't stay friends, Tomaszewski noted today.

The two businessmen were talking about a change in their partnership, one that will spell the end of the Batavia Party House as we know it.

While the partners will continue to operate a catering service together, the party house, after more than 40 years in business, is hosting its last party on Monday.

Both Tomaszewski and Stupp have stakes in other local businesses, and those have increasingly become a focus of their time and resources. Operating the  Batavia Party House -- located at 5762 E. Main St. Road,  Batavia -- has simply become something they no longer wish to do.

"Since we began this place together, our lives have gone in different directions," Tomaszewski said. "Dave has the pizza business (partner in Pauly's Pizza) and the deli (Northside Deli). I have the funeral business (Michael S. Tomaszewski Funeral and Cremation Chapel), and those businesses are doing well."

Stupp and pizzeria partner Paul Bernardini recently expanded Pauly's Pizza into Clarence. Tomaszewski recently added a reception center next to his funeral home on West Main Street.

"We have other business interests now," Stupp added.

Stupp and Tomaszewski tried finding a buyer for the party house, which was founded in the 1970s by Tom and Bill Barber.

"This part of town is growing, with what's going on at the ag park  and Adams trucking coming in next door, we've had a lot of interest in the building," Stupp said. "But, nobody has come forward with an interest in the party house as a party house."

Photos: HLOM Wonderland of Trees

By Howard B. Owens

It's tinsel and baubles time at the Holland Land Office Museum.

Dozens of sponsors -- more than ever before -- are in the process of setting up their Christmas trees for the museum's popular, annual Wonderland of Trees.

It's the 10th year for the event, which is a major fundraiser for HLOM.

The opening gala is 7 to 10:30 p.m., Nov. 18. It will include entertainment, hors d'ouevres and a raffle. Cost is $5 per person.

The children's gala is from noon to 4 p.m., Dec. 17. Cost is $5 per family.

The trees will be on public display from Nov. 18 through Jan. 3, with admission prices of $3 for adults, $1 for children, and free for children 5 and under.

Main St. Pizza Company Week 10 NFL Challenge

By Howard B. Owens

Our Week 9 winner was Debbie Cooley, who was among nine people to correctly pick San Diego Chargers QB Philip Rivers as the QB (from among the choices) to throw four TDs. Aaron Rodgers of Green Bay, who played against the Chargers in Week 9, also tossed four TDs, but Rodgers was not among the 10 choices in the contest. Debbie was picked as the winner in a random drawing.

Debbie wins one large sub and one order of wings from Main St. Pizza Company. She has one week to claim her prize.

Town of Elba closing its transfer station at the end of the year

By Howard B. Owens

Announcement from the Town of Elba:

At the September meeting, the Elba Town Board voted unanimously to discontinue refuse and recycling collection service at the town transfer station at the end of the year. 

For more than a decade, the town transfer station has operated at an annual deficit. Revenues have not offset the operating expenses.    

Over the past few years, the town board has made attempts to decrease the expenses (decreasing the hours and negotiating to reduce the Dumpster service costs) and increase the revenues (increasing the fee per garbage bag and charging for “dump day”) to narrow the deficit gap, but the town budget can no longer afford to subsidize this service. 

Fewer than 100 Town of Elba households purchase garbage bag “punch-cards” every year. To help these town residents choose a refuse disposal service, we have obtained information from three area refuse collection businesses. 

Curbside pick-up:
• PSI: phone 585-599-3255
• Waste Management: phone 800-333-6590

Private Transfer Station:
• Scofield Transfer and Recycling in Stafford: phone 585-343-7373

More detailed information about the services each business offers is available on the “refuse disposal” page on the town’s website www.elbanewyork.com; the town clerk’s office Monday through Friday 9 a.m. to 4 p.m. (Closed between 12-1 p.m.); and the town transfer station Saturdays 8 a.m. to 1 p.m.

Additional information:

The last Saturday that the Town of Elba transfer station will be open for refuse collection is Dec. 17.

For your convenience, the transfer station will be open from 8 a.m. to 12 p.m. on Monday, Dec. 26.

County clerk warns of two scams hitting the area

By Howard B. Owens

Press release:

Genesee County Clerk Don M. Read is advising the public of two scams that have been spreading across the state and have recently surfaced here in mailboxes and on computers. The first involves a letter offering to provide a copy of your deed and related property information and the second is an email that suggests you have an unanswered motor vehicle ticket.

Property owners may receive by mail or email a solicitation offering to do the research and secure a certified copy of the deed to your real estate for a fee of $87. Several years ago this approach made its way through the state with a price tag of $50. Before that the offer was for $35. You can very easily obtain either a plain photocopy of your deed for $2 or a certified copy for approximately $5 from the Genesee County Clerk’s Office. The actual cost could vary by $2 to 3, depending upon the length of your deed. If you would like a copy of your deed, you can write, call or stop by the County Clerk’s Office. It only takes a few minutes to obtain a copy. 

The company offering the so-called service on the letter which a local resident brought to our office is Record Retrieval Services of Albany, New York. They offer to provide you with a copy of the deed and a “Property Profile” for $87 if you respond by a specified date. The information in the supposed “Property Profile” (Tax Map Number, purchase date, sale amount, etc.) is readily available online. To access the information call the County Real Property Tax Office @ 585-344-2550, ext. 2225, or visit the website for real property data @ www.oarsystem.com/ny/geneseecounty/ 

There is no charge for this information.

A second scam that has surfaced recently involves an email supposedly from the N.Y. State Department of Motor Vehicles or the New York State Police. Individuals will receive an email suggesting that they have an unpaid ticket for a motor vehicle violation, with the subject line indicating “Uniform Traffic Ticket.” Generally, the ticket is from a small community somewhere in New York State. In order to avoid suspension of your license you will need to open an attachment, enter a plea on a ticket form and return it to the town court that is identified.

Opening the attachment may very well expose your computer to a virus. The address of the town court is bogus and usually a post office box. Neither the Department of Motor Vehicles nor the New York State Police send out notifications of this sort by email. Your best course of action is to delete the email without even opening it, and certainly do not open the attachment. The State Police and DMV have requested that you not send the email to them.

Accident in Pembroke on Tuesday blamed on driving following too closely

By Howard B. Owens

A Corfu resident allegedly was following another vehicle too closely at 6:03 p.m., Tuesday, when his car rear-ended another vehicle that had slowed because a truck had stopped to turn.

The vehicles were both westbound on Route 33 near Boyce Road, Pembroke.

Three people were treated at UMMC for injuries sustained in the two-car accident.

Raymond E. Judd, 83, of Phelps Road, Corfu, was allegedly following to closely a car driven by Diane M. Weaton, of Blood Road, Cowsville.

Also injured in the crash was Judd's passenger, Rosa Laurentina, 62.

The accident was investigated by Sgt. Greg Walker.

Law and Order: Worker accused of stealing CO detector from home where he was employed

By Howard B. Owens

William Lee Lantz, 25, of South Main Street, Castile, is charged with petit larceny. Lantz is accused of stealing a CO detector from a residence in Stafford where he had been working.

Albert Ackerman, 47, of 930 George St., Mumford, is charged with DWI, driving on a suspended registration, driving on a suspended driver's license and operating with an open container. Ackerman was stopped by a Le Roy police officer at 11:50 a.m., Sunday, for an alleged traffic violation at Main and Mill streets. Ackerman was jailed on $5,000 bail.

Angel Gregory Andujar, 26, of Perry Road, Pavilion, is charged with criminal possession of a weapon and unlawful possession of marijuana. Andujar was allegedly found in possession of metal knuckles and a small baggie of marijuana while walking on Perry Road. Andujar was reportedly walking away from a domestic incident involving family members.

Thomas Ralph, Gianvecchio, 60, of Mountain Ash Drive, Greece, is charged with criminal contempt, 2nd. Gianvecchio is accused of writing letters to his estranged wife in violation of a protection order out of Monroe County Family Court.

Jason W. Killion, 30, of 5155 E. Main St., Batavia, is charged with felony DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and failure to keep right. Killion was stopped at an unspecified time Tuesday on Ellicott Street at Swan Street by Lt. James Henning.

Nathan Michael Haag, 20, of Steel Circle, Niagara Falls, is charged with petit larceny. Haag is accused of stealing two bottles of 5 Hour Energy Drink from Kmart on Monday.

Justin R. Martin, 28, of 232 Henrietta St., Rochester, is charged with DWI, driving with a BAC of .18 or greater and passing a red light. Martin was stopped at 2:27 a.m., Sunday, on West Main Street at Oak Street, Batavia, by Officer Frank Klimjack.

Mathew J. Pentycote, 23, of 22 Spencer Court, Batavia, is charged with DWI, refusal of breath test and moving from lane unsafely. Pentycote was stopped at 1:16 a.m., Sunday, on West Main Street, by Officer Matthew Fleming.

A 17-year-old resident of 5270 E. Main St., Batavia, is charged with unlawful possession of alcohol by a person under age 21. The youth's car, while parked on school property, was allegedly found to contain alcoholic beverages.

Jason L. Cramer, 27, of Central Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, 7th, aggravated unlicensed operation, improper right turn and failure to keep right. Cramer was stopped at 1:02 a.m., Sunday, on Elm Street, Batavia, by Deputy James Diehl.

Gloria Susan Moretti, 34, of Jackson Street, Batavia, is charged with criminal mischief, 3rd, a felony, and harassment, 2nd. Moretti was allegedly involved in a domestic dispute at 2:10 a.m., Oct. 29, at an address on Indian Falls Road, Pembroke, in which Moretti allegedly bit the victim twice and caused heavy damage to the victim's parked vehicle.

Devontre Levar Harvey, 27, of Garfield Street, Rochester, is charged with illegal possession of untaxed cigarettes. Harvey's car was stopped on Route 77 at 2:46 p.m., Nov. 5, after Genesee County dispatchers received a tip from a caller that a car occupied by two males were in possession of a large amount of untaxed cigarettes. Also charged was Holsey Wedlow, 59, of South Avenue, Rochester.

Scott Howard Baker, 49, of Fargo Road, Bethany, is charged with unlawful possession of marijuana. Baker was allegedly found in possession of marijuana at 3:08 a.m., Nov. 5, at an address on Ellicott Street Road, Bethany.

Gregory James Baker, 31, no permanent address, is charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd. Baker was allegedly found in possession of more than a dozen hypodermic needles and other paraphernalia while at his mother's residence.

James Anthony Dean, 54, of Brown Road, East Bethany, is charged with felony DWI, aggravated DWI (driving with a BAC of .18 or greater with one or more prior convictions), leaving the scene of a property damage accident, changing lanes when hazardous markings are in place and failure to keep right. Dean was arrested following an accident at 8:41 a.m., Nov. 2, on Herkimer Road, Darien.

Accused drug dealer gets a chance to turn his life around

By Howard B. Owens

A 33-year-old Batavia resident with a lengthy criminal record who is accused of selling cocaine to an undercover agent is getting his life turned around, he told Judge Robert C. Noonan in County Court on Wednesday morning.

Juan Roman wants to continue on that path and was hoping Noonan wouldn't send him away for any length of time.

"I’m glad that it happened (getting arrested), because it made me a better person," Roman said. "I thank the court system because it saved my life."

Noonan said the progress Roman has made in drug treatment over the past 90 days counts significantly in his favor. But the judge said he couldn't overlook his prior felony convictions, his multiple stints in state prison and previous probation violations.

"You come here with a horrible criminal record," Noonan said.

One of Noonan's options, besides straight prison time, might have been local probation with intermittent incarceration at the Genesee County Jail.

When Roman entered his guilty plea to attempted possession of a controlled substance, 3rd, he agreed to a possible sentence of up to four years in prison.

Since his guilty plea, Roman has been through Hope Haven and other programs of his own choosing. He's also been working on getting back his asbestos removal license. He has only one more week of classes before he can test again.

"I know my record is not a good record," Roman said. "I just want to get my license back to help me further myself and my family and my future."

Roman said he has four children.

He said he accepted full responsibility for the position he found himself in.

Noonan took all that in, but said Roman needed to go away for 90 days to the Willard Drug Treatment Center.

"There are components of Willard that you are not going through right now," Noonan said. "I hope you benefit from them as much as you have from the drug treatment you have been through.

"If you play it right," Noonan added, "you won't be gone long. You will be able to get out and get back on track. I'm hopeful this sentence will continue your positive course."

If Roman doesn't say on the positive course, he will be required to serve four years in state prison.

If he completes Willard successfully, he will be on parole for the term of his sentence plus another three years of post-release supervision.

GOP celebrating a 'clean sweep' in key Genesee County elections

By Howard B. Owens

Republican Party members are at South Beach Restaurant tonight celebrating what they believe is a "clean sweep" of key Genesee County elections.

Based on polling data gathered by volunteers at each polling station, the GOP believes Frank Ferrando and Shelley Stein both won seats on the county legislature.

Their unofficial internal numbers also show Kris Doeringer, John Canale and Bob Bialkowski winning city council races.

According to the GOP numbers, Ferrando beats John Deleo 420 to 330.

GOP County Committee Treasurer Matt Landers said while they don't have the exact numbers, the information the GOP gathered at South Beach regarding Le Roy is that Stein has defeated Jackie Whiting and William Hogan.

In Batavia, Doeringer unofficially has 267 votes to 210 for Bill Cox. Canale has 173 votes compared to 134 for Katie Balbick Bellamy and 15 for Dan Jones. Bialkowski has 202 to 200 for Pierluigi Cipollone.

UPDATE 10:39 p.m.: The county has posted its election tally.

UPDATE 10:42 p.m.: The tally released by the county is confirming the GOP's numbers. In Le Roy, Stein won with 964 votes to 601 for Whiting and 218 for Hogan.

UPDATE 10:44 p.m.: WBTA is in the process of updating its table of election results, which is easier to read than the county's spreadsheet. Click here for total from races throughout the county.

UPDATE 11:43 p.m.: Photos added. Top four photos at South Beach while Republicans were still gathering data. Bottom pictures at Larry's Steakhouse, where the Democrats gathered before results were in.

Elba woman killed when car strikes tree on North Byron Road

By Howard B. Owens

State Police investigators are still uncertain about what caused a car heading westbound on North Byron Road this afternoon to go off the south shoulder and strike a tree on the driver's side.

Impact was right at the driver's seat and the car wrapped around the tree nearly to the point of the passenger's seat.

The driver, Linda Brown, 67, of Elba, was pronounced dead at the scene by Coroner Robert Yungfleisch.

The accident occurred about a half mile east of Log City Road, Elba.

Trooper John Szymkowiak was first on the scene and said he checked Brown's vitals and did not detect a pulse. He requested Mercy Flight be dispatched to the scene.

An Elba medic arrived minutes later and the medic was also unable to detect a pulse and other vital signs were negative. Mercy Flight was canceled at that point.

The initial call to 9-1-1 was at about 3:50 p.m. by another westbound driver who came over the top of a hill, just east of the accident location, and saw the car strike the tree. 

The witness did not see enough prior to impact to help provide information on what caused Brown's car to go off the road.

Szymkowiak said it appeared Brown started to go off the road about 100 feet prior to impact with the tree and there were some signs of braking on the road surface.

"The cause is still under investigation," Szymkowiak said. "It could have been a medical issue. It could have been a deer in the roadway. We are looking at several things right now."

An autopsy will be completed to try and determine if the cause was medical.

Updated at 8:29 p.m.

UPDATE: WBTA's Geoff Redick has video posted.

Car hits tree on North Byron Road, possible serious injuries

By Howard B. Owens

A car has reportedly hit a tree on North Byron Road near Log City Road, Elba, and a person is reportedly trapped in the car and possibly unconscious.

Elba Fire Department and Mercy EMS dispatched.

Mercy Flight being dispatched. Mercy Flight #2 is coming from Buffalo.

UPDATE 4 p.m.: Mercy Flight is cancelled.

UPDATE 4:43 p.m.: This is a fatal accident and the victim is female. No other information is available yet.

Fabrication company gets tax abatements for move to Stafford

By Howard B. Owens

A service company from Bethany will receive $45,956 in tax abatements to assist in its expansion and relocation to Stafford, announced the Genesee County Economic Development Center today.

Adams Welding and Fabrication is constructing a new 5,616-square-foot building at 5782 Main Road, Stafford (next to the Batavia Party House).

The project will create half a job and retain one.

Adams is investing $175,000 in the project.

The estimated PILOT (payment in lieu of taxes) on the project is $39,131. Adams will also receive a sales tax exemption on construction materials of $5,200 and a mortgage tax exemption of $1,625.

The company is also seeking $25,000 from GCEDC's revolving loan fund.

The direct economic benefit to the community is estimated at $855,000 ($18.61 for every $1 of abatement).

Brush fire reported off Junction Road, Pavilion

By Howard B. Owens

A brush fire has been reported in the area of 7116 Junction Road, Pavilion.

Pavilion Fire Department is dispatched along with mutual aid from Le Roy and York.

The fire is "in some cattails and leaves back in the woods," a first responder says. 

The fire will need to be fought by hand, the responder reports.

UPDATE 3:18 p.m.: Stafford's brush truck requested to the scene.

UPDATE 3:19 p.m.: Deputy requested to the scene to talk with the homeowner about burn laws.

UPDATE 3:22 p.m.: York can stand down.

UPDATE 3:26 p.m.: Stafford can go back in service.

UPDATE 3:30 p.m.: Fire mostly out, but quite a few hot spots left.


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Thurman Thomas becomes Batavia Downs Casino’s new ambassador

By Howard B. Owens

Press release:

Batavia, NY --- Batavia Downs Casino is pleased to announce that it has reached an agreement with Thurman Thomas to bring the former running back and pro football hall of famer on board as Batavia Downs Casino’s new ambassador.

"I am very excited to be associated with Batavia Downs Casino, and look forward to my role as ambassador," Thurman said. "My wife’s family had a long and wonderful relationship with Batavia Downs Raceway and we are thrilled to be part of that again."

As the ambassador, Thomas will serve as the face of Batavia Downs Casino, promoting the company’s brand throughout communities across Upstate New York. Thomas will be used in conjunction with Batavia Downs Casino’s advertising campaigns and the anticipated future development of a Thurman Thomas Signature Sports Bar.

“Hall of Fame running back Thurman Thomas has provided great entertainment to sports fans in Western New York and he continues to give back to the community,” said Ryan Hasenauer, director of marketing for Batavia Downs Casino.

“A partnership seemed natural considering that Batavia Downs Casino and its parent company, Western Regional OTB, have been providing entertainment and giving millions back to the area communities for decades. Thurman Thomas is one of the greatest running backs in Buffalo history and is the perfect athlete to help promote Batavia Downs Casino’s new expansion.”

Batavia Downs in owned and operated by Western Regional Off-Track Betting, a public benefit corporation. The track is also home to Batavia Downs Casino, featuring more than 600 video slot machines. Batavia Downs Casino is located less than one mile from Thruway Exit 48 and is open daily from 9 a.m. to 4 a.m. Admission and parking are always free.

Nationwide Emergency Alert System test scheduled for Wednesday

By Howard B. Owens

FYI: 

Although we are all familiar with the local Emergency Alert System (EAS) messages that we see on our televisions or hear over our radios, at 2 p.m. EST Wednesday Nov. 9, 2011 there will be a nationwide test of this system.

The purpose of the test is to assess the reliability and effectiveness of the EAS as a public-alert mechanism. EAS participants currently take part in state-level monthly tests and local-level weekly tests, but there's never been a nationwide test of the entire system.

This first-ever nationwide test of the system will run for approximately 30 seconds and all EAS participants must participate in this nationwide EAS Test. It will be broadcast on cable and satellite television and heard on the radio.

For more information check out the FCC website.

Some Frontier customers unable to make local phone calls

By Howard B. Owens

Frontier Telephone customers with local numbers beginning 585-768-xxxx and 585-584-xxxx are unable to dial out of their local area, according to a press release from the Genesee County Sheriff's Office.

Steven C. Sharpe, director of emergency communication, wants to alert residents with these numbers that any 9-1-1 calls they might place will be answered in another location and transfered to Genesee County Emergency Dispatch.

Any calls that need to reach fire or police, whether emergency or non-emergency should be placed to 9-1-1 until further notice.

On anniversary of Bill Fickel's murder, widow renews call for help in solving case

By Howard B. Owens

Submitted by Lisa Fickel:

Time heals all wounds. You cannot prove that one by me. Life can change in the blink of an eye. This one yes, as I am living proof. In my case it was more like 10 minutes. 

My name is Lisa Fickel. My husband Bill was murdered in front of our home on November 10th, 2005. 

It was a warm night for November. Bill and I were chatting about our work day, while I heated our boring dinner -- meatloaf, green beans and rice. It was “crunch time.” Only 10 minutes to "Survivor"!  

It would later be called a “random act of violence.” What did that even mean? This was no act. It was fact. Life as I knew for the past 25 years had ended at the hand of a stranger! 

As we approach the 6th anniversary of Bill’s death, my emotions are as raw as they were on that horrible night. I see the eerie glow of the mist on something laying on the side of the road. Omg! That is my husband! I hear the sirens in the distance. Why don’t they seem to be getting any closer?  And I smell the familiar scents of fall, wet leaves, wood burning, mixed with an odd tinny, iron smell. I quickly discover it to be the smell of Bill’s blood.  

It’s funny how many deals you try to make with God in an instant like this.  I promised him anything and everything I could think of! After all, this couldn’t be happening. Not to me. Not in Oakfield. Not to normal people who played by the rules. Murder, stabbings, shootings only happened in downtown Buffalo or Rochester, right?

At some point I was surrounded by people, chaos -- where did they all come from? I felt an unbelievable sense of calm wash over me. My mind was as clear as it could be. I’m told that was probably shock setting in.  But I knew it was Bill guiding me through my ordeal, helping me cope. I knew at that moment he was gone. I just could not let myself think or believe it.

Fast forward, 2011…The murder of Bill Fickel has yet to be solved. 

Yes, Chief Deputy Jerome Brewster has named “a person of interest” in our case. However, NO ONE has been formally charged. 

In January 2006, I vowed that I would be involved in the investigation every step of the way. I would not, could not let Bill be forgotten. He was loved by many. He was a victim and deserves justice!

My goal by recounting some of my thoughts and feelings is to provide you with a human connection to a local headline. A murder occurred in your community. This loss affected your family, friends, neighbors, coworkers, etc. If you know or have heard anything regarding our case, please contact the Genesee County Sheriff Office. The $100,000 reward still stands. Closure! It’s more than a word. It’s a new beginning. Perhaps a new life! 

Thank you to all for the endless love, support and prayers.

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