Skip to main content

Stories from

Photos: Elba students given chance to see what it's like at fatal accident scene

By Howard B. Owens

Elba's senior class was given a dramatic look at what it's like at a fatal crash scene during the Elba Volunteer Fire Department's annual prom night exercise at the school.

The scenario involved a youth accused of drinking and driving becoming involved in an accident in which his passenger was seriously injured and the driver of the other vehicle was pronounced dead at the scene.

Cindy Morgan played the mother of the fatal victim who wouldn't accept that her daughter was dead. Above she has uncovered her daughter's body and is yelling for medics to give her CPR.

Anna Dorman played the part of the dead teenager. Her passenger was Missy Engel.

The DWI driver was played by Aaron Dart and his passenger -- who was loaded into a waiting Mercy Flight helicopter and considered seriously injured -- was Austin Hynesfisher.

Austin's father, Steven Hynesfisher, explained to the students each step of the process at the accident scene. 

Coroner Barry Miller and Deputy Chris Parker were also on scene.

Dryer fire reported at laundromat in Corfu

By Howard B. Owens

A dryer fire is reported in a laundromat at 1 Corfu Plaza, Corfu.

A chief on scene reports flames showing from a dryer.

Corfu Fire with mutual aid from Pembroke, East Pembroke and Darien dispatched along with the City's Fast Team.

The City is requesting the Fourth Platoon to headquarters.

UPDATE: A first responder reports the fire is knocked down.

UPDATE 9:07 a.m.: City of Batavia can stand down.


View Larger Map

Tax breaks for reuse of Lowe's space essential, argues COR Development VP

By Howard B. Owens

Syracuse-based COR Development is planning four retail spaces for the south end of Batavia Towne Center, VP Joseph B. Gerardi said at a public hearing Tuesday night, and to fill those spaces, COR needs more than $1 million in tax abatements.

Filling those spaces is "better for all the tenants in the center," Gerardi said.

"It would provide a diverse shopping experience so tenants can help attract other tenants to the shopping center," Gerardi said.

Without the tax incentives, the four potential companies -- which Gerardi said could generate $1 million in local sales tax revenue -- may not come to Batavia.

Even though the four businesses would generate $16 million in gross sales, going by Gerardi's sales tax estimate, Batavia isn't an attractive enough market without the tax breaks.

And even though the four potential businesses would spend, on top of the $7 million COR would invest in the project, $11 million before the first cash register recorded the first sale, Batavia is too marginal a market to attract these retailers, Gerardi said.

Gerardi (top photo) refused to talk with reporters to clarify these points following the public hearing.

COR's plan is to convert the former Lowe's location from 138,000 square feet of retail space into 170,000 square feet of retail space.

In previous media reports, COR CEO Steven F. Aiello has said COR doesn't need to lease out the Lowe's space because Lowe's is obligated to another 15 years of rental payments, but Gerardi argued Tuesday that the proposed expansion is critical to Batavia Towne Center's viability.

"The dark store is not, in our opinion, a good reflection on the center and it's not a good reflection on the community," Gerardi said.

The one retailer COR has confirmed as a potential tenant is Dick's Sporting Goods.

In 2012, according to the company's annual report, Dick's generated $5.8 billion in annual sales and achieved a net profit of $291 million, or an average of $405,000 in net profit for each of its 518 locations. On average, gross sales of $11.2 million per store.

Two of Dick's locations are in shopping centers in Webster and Clay developed by COR without the kind of tax breaks COR is seeking in Genesee County.

A group of about a half dozen local Libertarians spoke at the public hearing, arguing that tax breaks for COR would benefit national chains at the expense of existing competitors.

"I believe your intentions are good, but I find fault in your logic," Jim Rosenbeck said (second inset photo). "The reality is you can't give money to one business without disadvantaging its competitors. You are picking winners and losers and that is simply wrong."

Current state law prohibits tax incentives to develop retail outlets, unless the local IDA -- in this case Genesee County Economic Development Center -- can find that the retail center will attract tourists (defined in the law as people who travel from outside the IDA's jurisdiction) and the stores will fill a need not yet met by existing retail.

Gerardi said Batavia Towne Center does attract shoppers from outside Genesee County and the stores in the center do offer goods and services not previously available in Batavia.

Phill Ricci (top inset photo) took issue with the idea that Batavia Towne Center could be considered a tourist destination.

"Hotels are not filling to the rafters because we have a Target," Ricci said. "Little Jimmy doesn't dream about seeing his favorite animi characters in the halls of Bed Bath & Beyond. To attempt to justify it as a tourist destination is hollow at best and laughable at worst."

COR initially received a promise of $4.6 million in tax abatements to build Batavia Towne Center with the promise of creating 297 full-time equivalent jobs. Gerardi said the development peaked in at 277 FTEs before Lowe's closed.

Rosenbeck said it was as if GCEDC helped COR build a new house and now COR wants more money to remodel it.

Gerardi said the four new stores would create 100 FTE jobs.

Elba resident Fred Read said that's just what they are -- FTEs, not real full-time jobs, but jobs with low pay and few benefits.

"They're not the kind of jobs that are going to keep young people here," Read said.

None of the speakers supported COR receiving another round of tax incentives for the project.

A letter from local business owner Jerry Arena was read into the record. Arena, who owns Jerry Arena's Pizza and Ten Cent Millionaire Tavern, said he opposes tax incentives for national retailers.

"Independent small businesses in Batavia are an endangered species and offer much more quality of life and stability to a community that many of us will ever realize," Arena wrote.

The GCEDC board will vote on the proposed tax incentive package for COR at its regular meeting Thursday. The public portion of the meeting is expected to begin at 4:40 p.m.. The board meets at the Med-Tech Center on R. Stephen Hawley Drive, Batavia.

Batavia girls softball team beat Gates Chili 7-0

By Howard B. Owens

Kimberly Walsh tossed a complete game shutout Tuesday against Gates Chili leading Batavia's girls softball team to a 7-0 victory.

Walsh also had three hits and RBI to help contribute to the win.

Breanna Hurlbut and Kayleigh Tourt each had three hits and collecting two hits each were Taylor Stefaniak, Elizabeth Myers and Hannah Bowen.

Myers and Teiona Kemp each scored two runs.

Batavia boys tennis team finds Mendon tough to beat

By Howard B. Owens

From Batavia HS tennis coach John Kirkwood:

  • 1st singles: Nate Palmer was defeated by Matt Renzi   1-6   5-7.
  • 2nd singles: Jeff Redband was defeated by Venkatesh Ramkumar 4-6   2-6
  • 3rd singles: Caleb Jackson was defeated by Pat OBrien 0-6   0-6
  • 4th singles: Tim Moehlenkamp was defeated by Luke Weglarz 5-7   6-2   0-6
  • First doubles:  Samir Jain and Ken McMaster were defeated by Travis Miller and Amit Neman 0-6   0-6
  • Second doubles: Tim Martin and Trey Filbert were defeated by Niels Rasmussen and Andrew Palmiere 1-6   1-6
  • Third doubles: Avery Midla and Jon McMaster were defeated by Jon Harper and Rishaan Sharwa 2-6    1-6


Summary:
Mendon is the class of section V this year. They are 8-0. Batavia drops to 3-2 in league and 1-1 in our division.

Despite what looks like a lopsided match, we played well in all positions. Playing Mendon and the other top section V teams will help us later this month in key sectional matches against class B schools.

Batavia travels to Harley Allendale Columbia tomorrow to play
Harley, HFL, Aquinas in the Class BB/B individual qualifier. The top 4 singles players and top 4 doubles teams will qualify to compete on May 11, 2013 at Pal Mac.

Corfu passes budget that cuts spending, but increases taxes

By Howard B. Owens

The Village of Corfu will rely less on reserve funds and more on a tax increase to balance the 2013/2014 budget.

Trustees approved the $788,332 spending plan Monday night.

While spending drops from the previous year by $106,000, property taxes go up 5 percent to $3.11 per thousand of assessed value.

The sewer fee goes up 4 percent to $6.24 per thousand.

The reserve fund will be tapped for $3,200.

The village will spend $1,500 on training for its first-term mayor.

With the resignation of the police administrator, the village cut police department spending by $20,000.

Two staff members took voluntary cuts to 32 hours a week.

Non-union employees receive a 1 percent pay increase to offset an increase in health insurance premiums.

Head-on crash on Route 5 claims life of Pembroke resident

By Howard B. Owens

A Pembroke woman was pronounced dead at the scene of a head-on collision on Route 5 near the Erie County Line in Pembroke late this afternoon.

Mary J. Smith, 61, was westbound in a 2005 Chevrolet Cavalier when a 2011 Toyota Sienna minivan crossed the center line and struck her vehicle head-on on the driver's side.

Investigators have yet to determine why the eastbound Toyota veered from its own lane.

The Toyota's driver, Victoria A. Zimmer, 55, of Clarence, was seriously injured and taken by Mercy Flight to ECMC.

Smith is a relative of several members of the Pembroke Volunteer Fire Department, so members of the Akron Volunteer Fire Department handled critical aspects of the accident scene.

No charges have been filed. The accident remains under investigation.

Assisting at the scene were Indian Falls, Corfu and Darien's ambulance along with Mercy EMS.

The accident investigation is being handled by Deputy Chad Minuto, Sgt. Ron Meides, Investigator Roger Stone and Deputy John Duyssen.

Byron-Bergen student gets statewide award and scholarship for welding

By Howard B. Owens

Photos and information submitted by Michaele White.

Kennedy White, a 17-year-old student at Byron-Bergen, took third place at the NYS Skills USA competition for welding held in Syracuse last week. She received a bronze medal and a $2,000 scholarship to Lincoln to further her welding skills. She is a second-year student in welding at BOCES under instructor Don Shuknecht.

Law and Order: Driver involved in injury accident accused of being under influence of drugs

By Howard B. Owens

Joshua Joseph Gerber, 19, of Milliner Street, Rochester, is charged with driving while impaired by drugs, unlawful possession of marijuana and failure to yield right of way at stop sign. Gerber was charged following a two-car injury accident at 12:32 p.m., Sunday, at the intersection of Randall Road and Keeney Road, Le Roy. (Initial Report)

Nefetiria L. Turner, 30, of 3 Pringle Ave., Batavia, is charged with harassment, 2nd. Laqueasha M. Taylor, 19, of 3 Pringle Ave., Batavia, is charged with harassment, 2nd. Turner and Taylor were allegedly involved in a fight near the intersection of Pringle Avenue and Central Avenue at 6 p.m., Friday.

Pedestrian struck by car at Main and Oak

By Howard B. Owens

A pedestrian has been struck by a car at Main and Oak streets, Batavia.

State Police are on scene. City fire and Mercy EMS being dispatched.

UPDATE 8:22 a.m. (by Billie): A medic at the scene says the pedestrian will be transported to the hangar and taken to a hospital via Mercy Flight.

UPDATE 8:39 p.m.: The pedestrian is a female who suffered a compound leg fracture and will be flown to Strong Memorial Hospital. She was reportedly part of a crew here to sell a special kids' edition of the Buffalo News. Reportedly there are three witnesses, two who were interviewed at the scene, and a school bus driver.

UPDATE 9:18 a.m.: The woman was crossing the street and another vehicle blocked her view of an oncoming car, and blocked that driver from seeing her, according to Officer Eric Hill. The accident is under investigation and no decision has been made about who, if either party, will get a citation. The woman appears to have suffered no other injury than the broken leg, but she will be evaluated at Strong. It doesn't appear that she was actively selling papers at the time of the accident. If she was part of the crew, she was apparently crossing the street to join a crew of people on the Oliver's corner. 

The mystery of the 'balloon' falling from the sky near Pratt Road is solved

By Howard B. Owens

It's a bird. It's a plane. No, .... it's a piece of a farmer's crop cover.

Remember the story Saturday about a balloon "or something like" falling from the sky near Pratt Road.

One resident described it as "a giant roll of toilet paper" flying through the air.

East Pembroke's fire chief, Don Newton, called today and clued us in on what really happened.

On Friday, a local farmer put down a 250x50-foot cloth crop cover over freshly planted seeds. It was weighted down with soil.

But a strong enough gust of wind hit East Pembroke on Saturday to rip up a portion of the cover and send it flying through the air. It traveled a good long distance before getting snagged in the trees.

Everybody who responded thought it was a weather balloon and spent a good deal of time looking for the weather device that would have been attached to it. The Buffalo weather station wanted it back.

But, we now know, there was no such device attached.

Newton said the farmer was afraid he'd be in a bit of trouble for the mishap, but Newton reassured him -- you're a farmer, this is an agricultural community, things happen.

Believe it or not, first crop of locally grown strawberries arrives this week

By Howard B. Owens

Wouldn't it be great to eat a juicy, sweet, fresh locally grown strawberry right about now?

You may think that's impossible, but thanks to Pudgie Riner, owner of Triple P Farms in Oakfield, starting Wednesday, you will be able to buy locally grown fresh strawberries at Harrington's Produce Stand at 5282 Clinton Street Road, Batavia.

Always an innovator looking for new ideas, Riner found a picture online of a farmer in Denmark growing strawberries from hanging baskets in a hothouse and he realized he could do locally and get strawberries out to market weeks ahead of other local farmers.

"The concern is, if we say we've got fresh strawberries from New York, nobody going to believe us," Riner said. "These really are grown right here. They're not from Florida.They're not from California. They're grown right here in New York and the same varieties that are grown locally and people are used to eating from the ground, but these are grown in a basket."

The 5,000 plants are two years old and should produce 5,000 quarts of strawberries, Riner said.

Peak harvest will be within 10 days, which is a little earlier than Riner wanted, but he'll learn from this year's growing cycle and push it back a bit next year.

He partnered with Andy Harrington (left, above) to bring the strawberries to market because the Harrington family has such a good reputation for locally grown produce.

"I decided that knowing his business, he is the right guy to sell them," Riner said. "I could sell them in my own place, Pudgie's, but I don't have the reputation of being in the produce business, so that would be one more hurdle."

Harrington's on Clinton Street opens Wednesday. The family's Oakfield location, 7550 Lewiston Road, opens in June.

It was an easy decision to take on Pudgie's berries, Harrington said. It gives him more stock early in the spring and, "they're fresh and they taste great."

Previously: Pudgie puts the local into 'locally grown' produce and garden plants

Le Roy teen faces felony drug charge for allegedly supplying marijuana to another student

By Howard B. Owens

A 17-year-old Le Roy resident is facing a felony drug-dealing charge after allegedly giving a high school student marijuana.

The student was later hospitalized when found "highly impaired" on the grounds of the high school April 15.

Charged with a Class D felony of Criminal Sale of Marijuana is Austin J. Nicometo of 45 North Street, Le Roy.

Under NYS law, giving another person drugs, even if no money changes hands, is considered a sale.

Nicometo is suspected of supplying the other youth with marijuana at a location in the village after school let out that day, and then the teen returned to the school for after-school activities.

Following arraignment, Nicometo was released under supervision of Genesee Justice.

Le Roy PD needs help to identify dog that bit child

By Howard B. Owens

A 5-year-old child was playing ball in the playground at the end of Stanley Place at 5:15 p.m., Sunday, and got too close to a dog and was bit, according to Le Roy PD.

In the confusion following the incident, the child's mother left and took the 5-year-old to the doctor but did not obtain the name of the dog's owner.

The owner reportedly said the dog was up-to-date with all of its shots, but police would still like to identify the animal and ensure that is the case.

The dog is described as a German shepherd mix and weighs approximately 80 pounds. It is tan with a black snout, with the body of a German shepherd but the head of a chow chow. The people with the dog were a blond woman with braces and in her mid-20s, a 4-year-old boy along with a woman about 5'6" and in her 30s. They were in the park with a red metal wagon.

From the press release:

We are seeking assistance with identification as it is vital to determine proof of rabies immunization with the animal. Without this, it may be necessary to subject the bitten child to a series of injections relative to potential rabies contact. If you know who this is, or recognize yourself, please call either Tom Sacco at the Genesee County Health Department at 344-2550, ext. 5496, or the on-duty Le Roy Police officer at 345-6350 so that we may obtain the necessary information relative to rabies vaccination of the dog.

Le Roy PD thanks residents for dropping off unwanted prescription medications

By Howard B. Owens

Press release:

The Le Roy Police Department in conjunction with the Federal Drug Enforcement Agency wish to thank all the citizens that participated in the National Drug Drop Off Program which occurred Saturday 4/27/13 at the Le Roy Police Department and all those who dropped off medications throughout the past six months.

The Le Roy Police Department delivered 186 pounds of excess medications and 31 pounds of needles to the Federal DEA for incineration.

This program keeps these medications and needles out of the hands of our children, out of our landfills and out of our water system.

Again the Le Roy Police Department reminds citizens both in and around the Village of Le Roy that the Le Roy Police Department does accept excess medications at the Police Department any day; please ask to speak with the Officer on Duty. Needles are only accepted on the two specific dates each year set for the drug drop off and future dates will be publicized.

For those citizens who reside inside the Village limits and who are disabled or unable to deliver the medications to the Police Department, we will make arrangements to have an officer drive to your residence and retrieve the medications.

Convicted burglar gets partial sentence with more years in prison possible

By Howard B. Owens

One thing is certain, Benjamin W. Muntz is going to prison. For how long is an unanswered question after Judge Robert C. Noonan decided he needs to know whether the District Attorney's Office will indict Muntz on any new charges.

The DA is considering whether to charge Muntz with bail jumping.

More than a year ago, Muntz failed to appear for his sentencing on Class D felony convictions of burglary, 3rd, and grand larceny, 3rd.

The 24-year-old Oakfield resident is suspected of fleeing the state to avoid getting sentenced and while he was away he amassed a longer criminal record.

In October, he was arrested in Fayetteville, Ark., and charged with burglary, theft of property, breaking or entering and fraudulent use of a credit/debit card.

Muntz received a prison sentence in Arkansas and was released last week and turned over to the Sheriff's Office.

During his time away, Muntz was suspected of plotting with another man in Fayetteville to rob a farm in Genesee County. He is also reportedly wanted in Georgia for alleged crimes there.

With his failure to appear for sentencing March 27, 2012, Muntz appears to have blown a deal to receive concurrent sentences on the two felony convictions.

Assistant District Attorney Melissa Cianfrini said that even before he left the state, Muntz was suspected of violating the terms of his release under supervision by drinking and using drugs.

Muntz is married with two children.

"When you look at his pre-sentence investigation and read his mother's letter, you see that his offenses are fueled by abuse of drugs and his own greed," Cianfrini said. "He has repeatedly shown that he would rather go down the path of criminal activity rather than being responsible for his own family. He was only given a release under supervision because his wife was pregnant."

Defense Attorney Thomas Burns raised the issue of Muntz facing a possible charge of bail jumping, which could lead to a mandatory concurrent sentence with his other charges.

That possibility prohibited Burns, he said, from him discussing in court the circumstances of Muntz fleeing the state.

Noonan asked Cianfrini if the people intend to file such a charge, and Cianfrini said the matter is still under investigation and hasn't been decided.

The law would allow Noonan to consider "mitigating circumstances" and not impose consecutive sentences.

"It's hard to imagine under what set of facts exist that might be mitigating circumstances, but I don't want to prejudge the case," Noonan said. "He's going to state prison. It's just costing us money to house him here. I have an inkling I'll impose a sentence on one felony count today while we make a decision about what to do."

Noonan sentenced Muntz to three and a half to seven years in state prison on the burglary, 3rd, conviction and warned Muntz that he may yet face concurrent sentences on both the grand larceny conviction and the possible bail jumping charge, if convicted.

Muntz will appear in County Court again at 1:30 p.m., June 4, to learn the rest of his fate.

"You certainly don't know what it means to be a father," Noonan said. "The conduct you have engaged in over and over again, and the irresponsible behavior that is so evident not only in your PSI, but in your departure from the state, when you were told what would happen to you if you did, is astonishing. If you loved your children, you wouldn't have engaged in criminal conduct in the first place, but you certainly wouldn't have engaged in the conduct that sent you out of state."

Authentically Local