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Report of burnt rice at College Village

By Howard B. Owens

Dispatcher: "Copy, 253 on scene, investigating burnt rice."

The chief (253 is from Town of Batavia Fire) is "on scene" at Cedar Hall at College Village.

Yes, school is back in session.

Engine 21 is on location.

UPDATE 3:01 p.m.: Town of Batavia is back in service. Confirming burnt food.

Law and Order: Woman accused of falsely reporting larceny from vehicle at Walmart

By Howard B. Owens

Sarah Patricia Nichols, 29, of Pinehollow Drive, Batavia, is charged with falsely reporting an incident, 3rd. Nichols is accused of falsely reporting a larceny from her vehicle while it was parked in the Walmart parking lot. An investigation by Deputy Brad Mazur led Mazur to believe the larceny did not take place.

Patricia M. Anderson, 27, of 6281 Walkers Corners Road, Byron, is charged with petit larceny. Anderson is accused of shoplifting from the Kwik Fill 99 at Jackson and Ellicott streets. Anderson was located at a residence on Central Avenue following a complaint of the theft.

Francis Scott Smith, 18, of Lake Avenue, New York, is charged with petit larceny. Smith was taken into custody in the lobby of city court on a warrant out of Batavia Town Court. Smith was jailed on $250 bail.

Jennifer J. Maggio, 27, of Kingston Road, Leicester, is charged with petit larceny. Maggio is accused of shoplifting $95.32 in merchandise from Kmart by hiding it in her purse.

Raymond Michael Pfalzer, 41, of Brown Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Pfalzer was charged in connection with an accident at Wilkinson Road and Brown Road, Batavia, at 8:20 p.m., July 22, in which he was seriously injured.

Angela A. Starling, 30, of Pembroke, is charged with disorderly conduct/fighting/violent behavior and harassment, 2nd. Starling was arrested by State Police following the report of an incident at Godfrey's Pond at 10:11 p.m., Saturday. No further details were released.

Photos: Irrigation and a tractor

By Howard B. Owens

Out and about for a bit this afternoon and I snapped a couple of pictures.

Above, irrigation on Kelsey Road, Batavia. Below, a tractor parked on a lawn off Route 5, Batavia.

Photos: Oakfield celebrates Labor Day

By Howard B. Owens

Oakfield's Labor Day celebration kicked off today with live music, fun for the kids, a craft show and food.

Tonight, there will be a fireworks display.

The fun continues Monday starting with a parade at 10 a.m.

On a less pleasant note today, their was a raffle for two prizes today, a handmade quilt and a Christmas tree skirt hand sewn by one of Oakfield's 80-year-old residents. 

After the prizes were awarded, somebody stole the skirt.

"Nice people," Melissa Haacke said. "They're going to enjoy Christmas with a stolen skirt."

Lancers launch 2012 campaign with 40-13 win over Alexander

By Howard B. Owens

On the legs of Zach DuBois and the arm of Zac Gillard, Elba/Byron-Bergen opened the 2012 football season in dominating fashion with a 40-13 win over Alexander.

The Lancers, who advanced as far as a semi-final game last season, look like a contender again this season.

Dubois, coming off an impressive 2011 campaign, picked up where he left off, rushing for 223 yards on 16 carries, running the ball for TDs of 24 yards, 75 yards and three yards.

Gillard had seven completions on 12 attempts for 133 yards, which included TD passes of 40 yards and 35 yards.

"A lot of people had us written off because of what we graduated on our offensive line," said Lancer Head Coach Michael Cintorino. "I think these new guys stepped and filled that position and did a nice job today."

Injuries played a key role in the game for Alexander. Already hammered by the loss for the season of standout Mark Farnsworth, four Trojans were knocked out of Saturday's game, including the team's two tight ends and two linebackers.

"I had my starting quarterback playing outside linebacker," Tim Sawyer said. "He's a free safety and I cringe at that."

Sawyer, who coached the squad from 2000 to 2007, is the Trojan's third head coach in three years.

Still, Alexander scored first and looked strong in the first half, playing physical, disciplined football, and Nelson Burke's two TD passes, including one to Zach Laird, showed the team is not without resources.

Sawyer didn't want to make excuses of injuries, a young team (only six seniors, and three of them are first-year football players), or even the weather. He said the Lancers are a good team and the game was a good learning experience for his players.

"I thought we played hard and we competed hard," Sawyer said. "We need to go to another level now. I think our kids now realize that varsity football is one step tougher. There's more expectations on these kids. We'll get better. It's learning."

Cintorino said Alexander played a tough game and it showed his team also has some learning to do if they're going to compete for a playoff spot in the tough Genesee Region.

There were some defensive mistakes in the first half, Cintorino said, but players stepped it up in the second half and did what they needed to do, which is do their jobs.

"We've been talking this year, just come out and do your job," Cintorino said. "Do your one-eleventh and we'll be OK. In the first half, we were a little bit sleepy. We didn't necessarily do that. We were focused on making the big play."

Of course, with a running back like DuBois, the Lancers are going to play any team tough this season.

"Zach is a special kid," Cintorino said. "He’s a blast to coach. He’s a polite kid, a nice kid, a humble kid, and he runs the ball very, very well. He’s very talented, and he has lot of help from up front."

With traditionally strong teams from Attica, Notre Dame, Pembroke and Holley, and well-coached, rebuilding teams from Alexander and Oakfield-Alabama, the GR league will present another tough challenge in 2012, Cintorino said.

"I always say GR is kind of a hidden gem in Section V," Cintorino said. "We've got some great teams. We've got some great kids in the whole Genesee Region, very good athletes, tough, strong kids, and they do a nice job, and we've got some coaching staffs that really prepare their kids well."

Also in Saturday's game, Kyle Morse had three receptions for 63 yards and one TD.

For Alexander, Burke completed five passes on 10 attempts for 53 yards and two TDs. Laird had two receptions for 25 yards and one TD. Sam Brown had one reception for 23 yards and one TD.

Defensive stats for the Lancers, Andy Underhill had 17 tackles, including three for a loss and one forced fumble. Nate Jonathan had 10 tackles, including three for a loss and two-and-a-half sacks. Garrett Chapell had five tackles and a fumble recovery. Austin Hynes-Fisher had three tackles and half a sack. Kyle Dougherty had five tackles, one sack and one interception.

In other local football this weekend:

  • Attica rolled to a 52-0 win over Oakfield-Alabama.
  • Le Roy crushed Genesee 74-6. Tom Kelso carried the ball three times for three TD and 86 yards total rushing. Jon Pierce had 87 yards rushing on four carries and two touchdowns.
  • Batavia beat Bath 34-24. QB Brett Scheuerlein completed 10 passes on 15 attempts for 201 yards. Justin Washington scored two TDs on two receptions for 55 total yards. Brandon Stevenson carried the ball 14 times for 67 yards and a touchdown.
  • Notre Dame turned a half-time deficit into a 30-29 win over Holley.
  • Pembroke dropped its opener to Finney 30-12. Tyler Brunning and Jacob Patterson both scored for Pembroke.

If you can't view the slide show below, click here. To purchase print copies of these photos, click here.

Fight reported at Ellsworth and Manhattan

By Howard B. Owens

A fight is reported at Ellsworth and Manhattan avenues and it is physical at this time.

Police are dispatched.

One person is leaving in a black GMC pickup truck.

There is reportedly an off-duty police officer, unknown from what jurisdiction, who is reportedly trying to intercede.

Police have located and stopped a woman who was reportedly involved in the altercation.

UPDATE 12:03 p.m.: Police officers are conducting interviews. No further updates available.

Photos: Sub eating contest at Molasses Hill

By Howard B. Owens

Bill Ripple can now claim he's the fastest sub eater in Genesee County.

Ripple won a sub eating contest this morning at Molasses Hill, the food store at 466 Ellicott St., Batavia. The contest was held in conjunction with the Batavia location's one-year anniversary.

In all, six men who thought they could eat an entire, meat-packed sub faster than anybody else, showed up for the event.

The grand prize, $100, was presented to Ripple by Neal Harder.

The other contestants were Brian English, John Brenkus, Earl Reimer, Frank Bellucci and Patrick Morris.

Section V kicks of 2012 football season tonight

By Howard B. Owens

A new high school football season opens tonight, but if you were hoping to see a game, you'll need to get out of Genesee County to do it.

All three local teams with games this evening -- Batavia, Oakfield-Alabama and Le Roy -- are starting the season on the road.

The only home game this weekend is Elba/Byron-Bergen hosting Alexander. Game time is 1:30 p.m., Saturday.

Tonight, the Batavia Blue Devils open a new era under Head Coach Brennan Briggs, the son of a Section V Hall of Fame head coach who had great success over two seasons as the JV coach at Batavia.

Game time in Bath is 7:30 p.m.

Oakfield-Alabama is in Attica at 7 p.m. and Le Roy's game is at 7:30 p.m. in Geneseo (WBTA will broadcast this game).

Other games tomorrow include Notre Dame at Holley (1:30 p.m.) and Pembroke at Finney (1:30 p.m.).

Coverage note: The Batavian will cover tomorrow's game in Elba. I know there are many Blue Devils fans eager for us to cover BHS, but that won't be possible until week 5. BHS is on the road tonight and next week, and I'll be out of town during weeks three and four. Next week we'll cover O-A at Notre Dame. Week 5, we'll cover Hornell at Batavia. Coverage for weeks 6 and 7 will depend on which games will most likely determine who's going to sectionals.

Pilot suffers minor injuries after State Police helicopter based in Batavia crash lands in Bath

By Howard B. Owens

A trooper assigned to the State Police barracks in Batavia suffered non-life-threatening injuries Thursday morning after a mechanical failure on the helicopter he was flying forced it down in a wooded area in the Town of Bath.

Trooper Thomas A. Shultz, 41, was transported to Strong Memorial Hospital.

The Aviation Bell 407 helicopter was based at the Genesee County Airport.

Shultz, an experienced Army combat pilot, according to State Police, was returning to Batavia following a search for a missing person.

According to the press release, Shultz "took appropriate action and made a controlled but powerless descent, which resulted in a hard landing."

The cause of the incident is under investigation, as required, by the NTSB, FAA, and New York State Police.

Troop A now accepting unused prescription drug drop-off at State Police Barracks in Batavia

By Howard B. Owens

Press release:

New York State Police Troop A will now accept unused and expired prescription drugs as part of new legislation enacted by Governor Cuomo to help fight prescription drug abuse.

Effective immediately, citizens can go to the Troop A Headquarters, SP Batavia, to dispose unwanted prescription drugs as a result of the governor's initiative.

This self-service medication drop box will allow the public to safely and anonymously dispose of unused or unwanted prescription medications, keeping it out of the hands of those who may choose to abuse it.

Items that can be dropped off include: prescription medications, medicated ointments, over-the-counter medications and inhalers. Hazardous materials and needles are NOT accepted.

The Medication Drop Box is located in the front lobby at SP Batavia, located at 4525 W. Saile Drive.

The abuse of prescription medications continues to be an issue facing the citizens and law enforcement agencies of New York State. Governor Cuomo recently signed legislation to help fight prescription drug abuse.


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Batavia's Black Swan event

By Howard B. Owens

About a week ago, a black swan flew into the Batavia Wastewater Treatment Plant and has been hanging out ever since.

Black swans are native to Australia and it's highly unlikely this rare species made it to Batavia on its own.

The bird is likely an escapee of a private collection.

Because black swans were thought not to exist prior to the 18th Century, when they were unexpectedly discovered in Australia, statistician Nassim Nicholas Taleb named his theory of extremely rare events "black swans." (Recommend reading: Taleb's book "Fooled by Randomness.")

I spent more than 90 minutes this morning at the treatment plant, but with 20 mph winds, all of the big birds, including white swans and blue herons, not to mention the black swan, seemed to have sought shelter elsewhere.

A plant worker told me other photographers have been at the plant this past week and successfully captured pictures of the swan. I'll try again on a less windy day, but if a reader has a picture of this bird in Batavia they would like to share, please send it to howard at the batavian dot com (reformat, of course).

Meanwhile, I did get the picture below this morning of some ducks.

Law and Order: Pavilion man accused of sexually abusing child years ago

By Howard B. Owens

Timothy J. Petrie, 41, of Telephone Road, Pavilion, is charged with one count of sexual abuse, 1st. Petrie is accused of sexually abusing a child under age 11 at his house several years ago. Following an investigation by Deputy Matthew Fleming with assistance from Deputy Matthew Butler, Deputy Cory Mower and Investigator Roger Stone. Petrie was arrested Aug. 24 and arraigned in Town of Pavilion Court and released under supervision of Genesee Justice. UPDATE: In July 2013, a jury acquitted Petrie on all counts.

A 16-year-old resident of Warsaw is charged with petit larceny. The youth was arrested at 6:35 p.m., Thursday, by State Police in the Town of Darien.

Christian M. Hilken, 21, of Pike Road, Batavia, is charged with unlawful dealing with a child. Hilken is accused of hosting an underage drinking party on Wednesday evening.

Henry Lee Banks, 42, of South Main Street, Batavia, is charged with petit larceny. Banks is accused of stealing scrap metal from a business on Orchard Street, Oakfield.

Motorcyclist hurt in crash in Bergen

By Howard B. Owens

A motorcyclist who attempted to pass two vehicles on Route 19 at 7:43 p.m., Thursday, was injured after his bike struck a car attempting to turn left onto Gibson Street, Bergen.

Dudley C. Kuyal, 49, of Fancher Road, Holley, was transported by ground ambulance to Lakeside Memorial Hospital.

Kuyal was northbound on Route 19 when he apparently tried to pass two other northbound vehicles. The lead car pulled in front of his bike while initiating a left-hand turn.

That car was driven by Robert C. Douglas Jr., 49, of Gibson Street, Bergen.

Douglas was not injured in the accident.

Deputy James Diehl, who investigated the accident, wrote in his report that charges are pending.

Submitted photos: Byron Fire's MCI training

By Howard B. Owens

Charles Durkee, 1st assistant chief with the Byron Volunteer Fire Department, sent in these pictures from his department's weekly training.

Here's what he had to say about the training:

Monday night Byron Fire Department came together to practice what is known as an MCI (Mass Casualty Incident). A Mass Casualty Incident can be defined as an incident that has produced more casualties than a customary response assignment can handle.

It is handled in four stages and sometimes more, depending on size and nature of the MCI:

1) INITIAL TRIAGE, examining who is hurt the worst;

2) PATIENT EXTRACTION removal of the victim from whatever they are trapped in

3) SECONDARY TRIAGE/MEDICAL TREATMENT getting a better assessment of the patients' welfare and if one of the victims may have to be reclassified sometimes for the better or worse;

4) TRANSPORTATION OF PATIENTS whether to transport by air or ground and to what hospitals.

At times we actually “get” something; maybe we respond to a house fire or a damage accident, or we run a good code. We certainly can bring these incidents to successful conclusion effortlessly, but at the end of the day, that is what the public expects.

We will not be judged on those routine undertakings. Our true value as emergency responders will be revealed in our ability to handle more extreme circumstances. This is why your volunteers spend many hours training.

Hawley opposes tuition assistance for illegal aliens

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C – Batavia) recently expressed his opposition to legislation that would extend a variety of tuition assistance benefits to illegal aliens attending college in New York. Hawley characterized the measure as an out-of-touch proposal that betrays government’s obligation to taxpaying American families.

“Forcing taxpaying American citizens to subsidize higher education for illegal aliens is a blatant violation of the public trust and a complete injustice for our American students and families working tooth-and-nail to afford the pursuit of a college diploma,” Hawley said.

“This is yet another example of out-of-touch New York City politicians forcing New Yorkers in Upstate communities to foot the bill for their radical agenda. Families in Western New York need tuition assistance to build better lives for themselves and their children.

"I will fight any measure that robs them of that opportunity, especially this legislation which funnels taxpayer money into public assistance for illegal aliens.”

Update on Chad Zambito's BDC loan

By Howard B. Owens

The Batavian received a reply from the City of Batavia today on its FOIL request regarding the loan that Chad Zambito received through the Batavia Development Corp. for his business, Grammy's Laundry, which is set for an asset auction Sept. 4.

Answers to key questions:

  • Date loan approved: Conditional approval, May 2010
  • Amount of initial loan: $20,000
  • Purpose of the loan: working capital/equipment
  • Amount still owed on the loan: The pay off is $14,532.15
  • Date of last payment: July 3

Zambito also owes money to the Bank of Castile. He said previously that his total debt is less than $20,000 and he expects the asset auction to raise enough money to satisfy both debts.

Previously: Business owned by Chad Zambito closed, assets up for auction to pay debts

Public notices belong to the public

By Howard B. Owens

Public notices: they’re paid for by taxpayer funds, created by public employees, intended for wide public distribution, but publication is dictated by a monopolistic government subsidy for newspapers.

It’s a law I and every other independent online publisher in New York State would like to change.

When I last wrote about this issue, a guy who has created a national public notices Web site contacted me and told me he was already compiling all of the public notices available online for Genesee County. For the simple price of sending him over our logo, he would provide a link where visitors to The Batavian could go and view public notices in a user-friendly fashion.

He wants to work with independent publishers to help prove online-only publications are just as capable of handling public notices as print publications, so he was offering the service for free.

The Batavia Daily News, under the current law, is the carrier of most paid public notices in Genesee County.

Since the notices originate not from the Daily, but from public agencies, it was our belief the notices are public property and not proprietary to the Daily. Besides, the only action The Batavian was taking was providing a link to a third-party Web site for the benefit of readers.

Now, months after we provided the link, the parent corporation of the Batavia Daily News, has decided to take a different view.

A few days ago, I received a “cease and desist” email from John B. Johnson, an executive with the chain of newspapers that owns the Daily.

The note was cordial, but also asserted legal authority to require us to stop posting public notices that originated from the Daily.

The note accused The Batavian of “copying” notices from thedailynewsonline.com, which was a factually untrue statement. As I noted in a reply to Johnson, the service was provided by a third party for which The Batavian has no contractual relationship and no monetary interest.

The assertion that The Batavian was violating the Daily’s copyright of notices also flies in the face of case law that substantiates the idea that a newspaper cannot claim copyright on material that it did not create. Since public employees create public notices, the notices are public property.

And besides, since no advertising appeared on the third-party’s public notice page, and since print publication of public notices is an income stream protected – a monopoly subsidy -- for newspapers courtesy of the State Legislature, the Johnson Newspaper chain cannot establish an important element of any assertion of copyright violation: financial loss as a result of the use of the material.

All that said, the Johnsons can afford corporate lawyers and The Batavian, still a small, family owned start-up, cannot. When you factor in that there is no monetary benefit to The Batavian for providing the free public service of increasing access to public notices, the risk-reward equation for challenging the newspaper chain’s claims falls well short on the reward side.

There’s just no point in fighting the corporation’s claims. 

But we want to continue to provide the service.

The owners of the third party Web site, at no charge to The Batavian, have graciously agreed to start accepting public notices directly from town, village and city clerks along with the agents of every other public entity in Genesee County that create public notices.

Such agencies can now email those notices to (notices at the batavian dot com) (reformat that address into a proper email address, of course).

I’ve already been in touch with about a half dozen town clerks and all cheerfully agreed to start sending their notices directly to this email address.

While the service is free to the public agencies and won’t cost taxpayers a dime, it is no substitute – under current law – for an agency’s legal requirements to publish public notices in a newspaper that has been designated by state law to publish such notices.

While we wish our friends at Johnson Newspapers well in their effort to protect a business model that is being disrupted from a variety of competitive forces, we believe public notices should not be a State Legislature-sanctioned monopoly subsidy for print publications.

In this day and age, public notices should be widely available to the public, and publications other than strictly print should be able to compete for the business of providing verified, legal publication. We will continue to encourage lawmakers to change the law.

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