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New business owner pleased with his decision to open shop in Batavia

By Howard B. Owens

For years, Jim Vo would see residents from Genesee County go to Rochester and Buffalo to sell their gold and silver and knew that while many retailers in the big cities were reputable, some of them were clearly a little shady.

After looking around Batavia a bit, he decided it would be a good place to start a business, which became Batavia Gold Rush, at 4152 W. Main St.

With a family background in jewelry -- his parents started in the business while still in Vietnam -- and some experience buying and selling gold and silver, he said he saw an opportunity.

"I love it in Batavia," said Vo, who will soon marry and is looking for a place to live in Batavia. It’s clean. It’s quiet. The people are very friendly."

Vo wants to be known as a precious metals buyer people can trust. A customer in his store is just as likely to get a lesson on how to value items as they are to get cash.

"You gave me respect to come into my store, so I'm going to show you respect," Vo said.

When he markets his business he doesn't advertise "the highest price paid." He said customers will figure that out after they get bids from other stores.

"Usually customers who don't sell to me come back later that same day because they found I did offer the highest bid," Vo said.

His personal motto is, "give me a chance to prove we pay the highest price and we will."

Vo said he's hoping to attract business that is currently being siphoned off from Genesee County and going to Buffalo and Rochester.

Some of his recent print advertising has even emphasized that fact.

"People should shop local," he said. "We want to keep the dollars in Batavia."

While some antique and coin dealers might buy items for resale, Vo said he doesn't want to hold inventory for resale. It just means he has to pay a lower price because the item will sit on a shelf for a while before he gets his investment back on it. By sending out all the gold and silver he buys to refineries, he can pay the best possible price, he said.

"My goal is to try and make money, and at the same time, get the customers the deal they deserve," Vo said.

Driver in golf cart accident faces two felony charges

By Howard B. Owens

An 18-year-old Byron resident who was reportedly driving a golf cart Nov. 26 on North Byron Road when the cart was struck from behind by a car, leading to the death of her passenger, was arrested today on two felony charges.

A blood sample taken by investigators that night allegedly tested positive for alcohol and a drug.

Cortney L. Greene, of North Byron Road, Byron, is charged with vehicular manslaughter and criminally negligent homicide.

The top felony, a Class D, carries a maximum prison term of seven years.

The Sheriff's Office did not release the type of drug allegedly in Green's system at the time of the accident.

Zachary J. Rusin, 18, of Holley, died as a result of his injuries after being thrown from the golf cart when it was struck.

The accident was reported at 12:07 a.m. and Green was arrested that morning and charged with DWI, at which time she agreed to provide a blood sample to law enforcement.

The driver of the car, Emmaleigh R. Odom, 19, of Pavilion, was not injured and not charged.

Council proclaims March 'Developmental Disabilities Month'

By Howard B. Owens

Representatives of Genesee ARC filled council chambers Monday night to see a proclamation presented that declared March as "Developmental Disabilities Month."

In the photo, from left, are John Brown, Donna Saskowski and Angie Maniaci representing Genesee ARC. Also pictured are City Councilman Kris Doeringer and Genesee County Legislator Marianne Clattenburg.

Photo by Sandy Konfederath.

BDC presents plan for progress in 2012

By Howard B. Owens

Among the accomplishments of the Business Development Corp. in 2011 was hiring an economic development coordinator, Board President Ray Chaya told city council members Monday night.

Now the BDC is getting down to the business of growing business.

Chaya and Julie Pacette presented the BDC's action plan for 2012, which includes improving the real estate market, fostering an entrepreneurial spirit and becoming a friendlier city.

The second half of 2011 was pretty good for the BDC, Chaya said -- six loans for small businesses in Batavia were approved in 2011.

"It was quiet for some time, but has picked up," Chaya said. "Julie being on the street, talking to people, is something we’ve never been able to do before, so I really think it’s going to help drive some new business."

BDC Board Member Gregg Torrey is the group's champion for improving the real estate environment, which will include pushing forward with applications for $400,000 in Main Street grants from the state.

To qualify, property owners must cover at least 60 percent of the project costs.

Pacette said the BDC has already received grant applications totaling $700,000 in project costs and is looking for more applications to consider forwarding to the state for approval.

Pacette said the BDC hopes to get the applications through the process pretty quickly.

"We don't want to miss this construction season," Pacette said. "We hope to get the money on the street working this summer."

Chaya will spearhead efforts to foster a greater entrepreneurial spirit, which could include workshops for businesses on a variety of topics.

Brenda Richardson, manager at Coffee Culture, and City Manager Jason Molino, are champions of the action plan for making Batavia a friendlier city, which covers everything from ramping up customer service training for small businesses to streamlining government processes for small businesses.

Council members seemed to react favorably to the presentation.

"It validates the point we've been saying all along," Councilwoman Patti Pacino said. "We have all of the things to make our city a place where, when you drive through you say, 'I want to live here.' It's very exciting. It's happening."

Possible chimney fire reported on Pearl Street Road, Batavia

By Howard B. Owens

A possible chimney fire has been reported at 3491 Pearl Street, Town of Batavia.

Town of Batavia Fire Department responding.

UPDATE 8:20 a.m.: East Pembroke and Oakfield departments asked to standby in their halls. The fireplace has been cleaned out, according to a chief. Crews are rechecking the chimney. There appears to be no extension at the base.

UPDATE 9 a.m.: East Pembroke back in service.


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City and police union reach an agreement on new labor contract

By Howard B. Owens

After years and years of wrangling -- and police officers working without a contract since 2005 -- the Police Benevolent Association and the City of Batavia finally have a labor agreement both sides can accept.

The PBA approved the contract Feb. 15 and the city council approved it Monday night.

Under the agreement, union members will receive retroactive pay increases from 2007 on, except for the final year of the contract, in the amount of 2.25 percent annually.

The retroactive pay will cost the city $784,000, which will be paid for with money in the city's fund balance and current fund surpluses.

This April, the city council will be asked to approve a transfer of $268,000 from the constituency fund to the police budget to cover the current year's increase in personnel costs.

"One of our goals was to solve this impass this year and here we are in February and we already have a resolution," said Council President Tim Buckley. "I credit Jason Molino and the PBA for reaching a resolution."

The PBA has been without a contract since 2005. The union won an arbitration award in 2009.

The contract impasse went to arbitration again in July 2011. The following September, the city and PBA leadership thought they had a contract agreement, but the union membership rejected the plan.

The arbitrator was set to issue PBA members 2 percent annual pay raises for 2007/08 and 2008/09, but before the award was final, the city and PBA settled on a new contract offer.

The ratified contract supersedes previous arbitration agreements.

Other provisions include a $1,000 per-member bonus in lieu of a 2012/13 pay increase, an increase in employee contribution to health insurance from 10 percent to 30 percent and increased co-pays on prescription drugs.

Photo: Retiring youth bureau director honored at council meeting

By Howard B. Owens

Debbie Kerr-Rosenbeck, who served for 25 years as executive director Genesee County Youth Bureau, was honored by the Batavia City Council on Monday night for her service to local youth. Over the past year, Kerr-Rosenbeck supervised the county department taking over management the city's youth program. Pictured, from left, are Legislative Chair Mary Pat Hancock, Councilwoman Kathy Briggs, Kerr-Rosenbeck and Legislator Marianne Clattenburg.

Former Main Street Coffee owner taking over downtown coffee shop

By Howard B. Owens

In a manner of speaking, Rob Credi is back.

Credi was one of the owners of Main Street Coffee from 2004 to 2009, and by mid-March he'll be running Kashmir Cafe at the corner of Main and Jackson streets.

That's the location owned by Ken Mistler and currently known as Espresso Salads and Subs.

Mistler remains the owner of the shop but Credi said he'll get full control of the operations, overseeing every aspect of the business.

Credi plans to revamp the interior -- he hopes to give it a more casual feel, to revive some of the "hang out" atmosphere of Main Street Coffee.

The drink menu will remain the same, and Next Level Fitness customers won't see any change in what they can purchase from that side of the counter, but Credi is planning a new sandwich menu, which he said will be "new American."

While Credi will manage the cafe, he won't be behind the counter every day. He has a full-time job in Rochester now, but will open the cafe in the mornings and serve coffee on weekends.

Newest deputy has deep community roots, experience in law enforcement

By Howard B. Owens

The newest deputy the Sheriff's Office is no rookie. He has more than seven years experience in law enforcement, including about a year with the Batavia Police Department.

Matthew C. Fleming joined the force six days ago and said he's been readily accepted by everybody in the department.

"Ever since I decided I wanted to be a cop, I always looked at the Genesee County Sheriff’s Office as the ideal place to end up," Fleming said. "When these opportunities come up, you want to take advantage of the opportunity."

The Fleming family goes back a few generations in Bethany, and as a lifelong county resident, Fleming said he thought it was natural to be out patrolling the county.

"Genesee County was a great place to grow up and I feel like growing up here gave me a great shot at life, just everything the area has to offer," Fleming said. "It means a lot ot patrol the same areas I grew up in and hopefully offer something back."

A 2003 high school regents graduate from Alexander Central School, Fleming studied criminal justice at SUNY Brockport. He completed his basic police training in 2007 and has worked as a public safety officer/dispatcher with the New York Park Police and New York State University Police in Oswego and Buffalo.  He is a certified general topics instructor, firearms instructor and OC spray instructor.

Fleming replaces a deputy who retired Dec. 31.

"Deputy Fleming will be a great asset to the Genesee County Sheriff's Office," Sheriff Gary Maha said. "He possesses all the qualities we look for in our deputies -- integrity, professionalism, dedication and dependability. We are pleased to have him as part of our team."

Woman accused of hitting Walmart employee on Christmas Eve appears in court with new attorney

By Howard B. Owens

An attorney recently hired to represent Jacquetta Simmons, the 26-year-old Batavia resident accused of punching a 70-year-old Walmart employee on Christmas Eve, said after a court hearing today that he doesn't believe his client intended to hurt Grace Suozzi.

Based on his own interviews and statements he's read, Buffalo attorney Earl Key said there's a lot more to the story than has been reported so far.

"I don't believe my client intended to assault anyone," Key said. "The tape will tell me a lot. I've got to see the tape to see exactly what happened."

Key is concerned however, that the only tape available shows just the portion of the confrontation where Simmons allegedly hit Suozzi.

There's no indication that Simmons was suspected of stealing form the store. Key said she didn't steal anything and she had shown her receipt for the items in her bag.

He said Suozzi's own statement to police indicates she grabbed Simmons. Key said the information he has so far indicates Simmons was trying to push Suozzi away, not assault her.

The language of section 120.05 of the New York penal code states a person is guilty of assault in the second degree when "with intent to cause serious physical injury to another person he causes such injury to such person ..."

In court, Assistant District Attorney Melissa Cianfrini said unless a plea agreement is reached first, the DA's office intends to send the case to the Grand Jury for possible indictment.

Simmons is also charged with a provision of the assault in the second degree statute that is fairly new, making it a felony to assault a person 65 or older.

Key said he needs to study that statute further, but he believes the law is being misapplied in this case.

Among the evidence gathered by Key so far is a copy of Walmart's policy about demanding that customers show receipts.

He said typically store policy is that an employee never grab a customer. If they suspect a person of stealing, they're supposed to call the police.

Key acknowledged that the case has been contentious in comments on local and regional media sites, but said his client naturally regrets what happened.

"My client is an upstanding citizen," Key said. "She’s bright, she’s young, she’s a college student, she has no criminal history, of course she regrets it. I haven’t seen the medical records, but if the victim has the injuries alleged, then of course she’s truly, truly sorry."

Simmons is scheduled to next appear in Town of Batavia Court on March 26.

Twelve years in prison for man who took out the eye of another man

By Howard B. Owens

A man who admitted his assault cost another man his eye will serve 12 years in prision, Judge Robert Noonan ruled this morning.

Christopher Preedom was the apparent leader of a three-person group that broke into a Woodstock Gardens apartment and attacked a resident there.

The victim read a statement asking Noonan to show leniency for Preedom, but District Attorney Lawrence Friedman cast doubt upon that request indicting he had information to suggest the victim's plea was based on fear of retaliation.

"While it may be considered noble that the victim is asking for leniency here," Friedman said, "...this defendant (Preedom) has already received a substantial break, being allowed to plea down from a Class B felony, under which he faced 25 years in prison."

Preedom asked for the victim's forgiveness.

"I've committed a crime...I know I've messed up...I made a mistake," Preedom said tearfully. "I'm willing to face the consequences."

Noonan offered little sympathy.

"The problem is: even if (the victim) is appearing here as your very best friend," the judge said, "you have still committed a crime against society that is horrendous. You took out a person's eye in the most horrific way."

(Based on the report of Geoff Redick, WBTA)

Law and Order: Maple Street resident accused of burglary

By Howard B. Owens

Paul J. Doctor, 34, of 20 Maple St., lower apt., Batavia, is charged with burglary, 2nd, burglary, 3rd, and petit larceny. Doctor is accused of entering an unoccupied residence and garage on Jackson Street and removing appliances and other property without permission of the owner. Doctor allegedly removed the property between Jan. 13 and Jan. 17.

Kevin Bruce Martin, 28, of Clinton Street, Cowlesville, is charged with two counts of criminal possession of hypodermic needles. Martin's vehicle was stopped on Lewiston Road at 6:30 p.m., Jan. 22, by Deputy Brian Thompson for allegedly having a suspended registration due to no insurance.

Jeramy Michael Farnsworth, 30, of Tracy Avenue, Batavia, is charged with failure to pay child support. Farnsworth was arrested by Batavia PD on a warrant out of Genesee County Family Court and turned over to the Sheriff's Office. Following arraignment in Town of Batavia Court he was jailed on $1,000 bail.

Ronald William Ball, 46, of Pratt Road, Pembroke, is charged with two counts of criminal mischief, 4th. Ball allegedly damaged the a/c controls of another person's car during a verbal argument. Ball then allegedly went to the residence of the person and damaged the house door and door frame.

Carolyn M. Hooten, 29, and Vanessa R. Wright, 24, both of of 12 Myrtle St., Le Roy, are charged with petit larceny. Hooten and Wright are accused of shoplifting at Dollar General at 3:41 p.m., Feb. 23.

Carolyn M. Hooten, 29, of 12 Myrtle St., Le Roy, is charged with DWI, unlicensed operation, operating with inadequate tail lamps and without stop lamps and failure to use turn signal. Hooten was stopped at 1:49 a.m., Saturday, on Ellicott Street by Officer Kevin DeFelice.

Mark Russell O'Gee, 57, of South Street Road, Le Roy, is charged with harassment, 2nd. O'Gee is accused of grabbing another person's arm and shoving her during an argument.

Elizabeth Ann Wortman, 24, of Church Street, Le Roy, is charged with criminal contempt, 2nd. Wortman is accused of violating an order of protection.

Ronald M. Clark, 45, of Lake Street Road, Le Roy, is charged with petit larceny. Clark was spotted by police running east on West Main Street at around 8 p.m., Feb. 21, when police received a report of a person who stole canned fish and candy from Save-A-Lot. Clark is accused of stealing two cans of sardines and a Baby Ruth candy bar.

Accident with injuries reported on East Main Street Road, Batavia

By Howard B. Owens

A motor-vehicle accident with possibly two injuries is reported in the area of 5112 East Main St. Road, Batavia. The location is near Broadlawn Avenue.

Town of Batavia Fire Department and Mercy EMS responding.

UPDATE 10:48 a.m.: A second ambulance requested to the scene, non-emergency.

UPDATE 10:59 a.m.: Town of Batavia back in service.


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Photos: Three barns and a horse

By Howard B. Owens

Coming back from the Notre Dame game yesterday, of course I took some time to take a few photos.

Above, another barn on Griswold Road, Stafford.

Same white barn from a photo published yesterday, on Griswold Road, Stafford, but a different view.

Further south on Griswold Road, a barn and a pond and some horses.

A horse on the same property.

Smart play propels Notre Dame to Class B Section V title in hockey

By Howard B. Owens

Playing a number-two seed with a reputation for getting physical and skating fast, Notre Dame Head Coach Marc Staley had a plan: Bottle up the neutral zone and force Churchville-Chili to pass.

"We forced them to dump the puck," Staley said. "They don’t want to dump the puck and grind it out. They want to score on the rush and use their speed. We took their speed out of it."

For three periods, the eight-seeded Fighting Irish skated as a team, and when they got power play opportunities in the third period, they made the most of it, turning a 1-1 tie into a 4-2 victory and a Class B Section V crown.

Josh Johnston scored all three third-period goals, giving him seven total for the post-season, and securing the game's MVP trophy.

"We came in thinking, 'we’re not the underdogs,' " Johnston said. "Clearly, seeding-wise we were, but we just stuck together as a family and played together as hard as we could."

Three post-season wins have moved the once break-even Irish to 11-8-3 and a chance to play for a regional title.

"Nobody thought much of us three or four weeks ago, but we pulled this thing together," Staley said. "As we put one good game against another good game against another good game, these kids feel like a completely different team than they did three weeks ago. I’ve seen that transformation and it’s been very special to be a part of it."

The first goal in the game for Notre Dame came with 1:11 left in the second period on a shot by Zack Blew to tie the score at 1-1.

Johnston scored on a power play at 7:47 in the final period. Seconds after the next faceoff, Johnson scored again to make the score 3-1.

The nail in the coffin for the Saints (16-4-3) came with under two minutes left in the game, only 13 seconds after Churchville-Chili pulled into a point of a tie on a goal by Dan Kuter.

Tyler Kessler zipped a pass to Johnston who was skating just ahead of his defender giving him a one-on-one match with goalie Dylan Niewiemski.

Johnston faked to his left, and then flipped the puck from his right past the outstretched glove of Niewiemski, giving Johnston the hat trick and putting the game pretty much out of reach with time quickly winding down.

"We've been practicing that blow-out play," Staley said. "We always like to run this play right after a big emotional play because you tend to have a let down. They scored that one goal, we called that play, Kessler picks it up, hits Hosh and we go right back after them.

"Sometimes the best defense is to throw another punch," Staley added.

If you're unable to view the slide show below, click here.

To purchase prints of any of these photos, click here.

Photos: Three barns in Genesee County

By Howard B. Owens

Saturday afternoon, I drove to SUNY Brockport to speak to a group of college students about online journalism. The drive there was overcast and snowy (windblown snow). The drive back was bright and sunny.

Here's three barn pictures from the drive home -- above, the Welch barn on North Lake Road, Bergen.

This barn is on Peachy Road, Bergen. The shot is from North Lake Road. 

White barn on Griswold Road.

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