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BHS players perform 'The Brother's Grimm Spectaculathon'

By Howard B. Owens

Batavia High School opens its performance of "The Brother's Grimm Spectaculathon: Not your Disney fairy tales" at 7:30 tonight in the high school auditorium.

Tickets are $10 at the door ($8 for students).

There is a second performance at 7:30 p.m. tomorrow.

(submitted photos)

Darien judge honored for efforts to curb underage drinking and drunken driving

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) helped present Judge Gary Graber of Darien Center with the Century Council’s Kevin E. Quinlan Award for Excellence in Traffic Safety. The Century Council recognized Judge Graber for being a longtime advocate for improving and strengthening underage drinking and drunk driving laws in New York State. Graber was honored today along with nine others award recipients at a ceremony in Washington, D.C.

(submitted photo)

Burglary suspects in Orleans County may also have hit Oakfield homes

By Howard B. Owens

Four men accused of burglaries in Albion, Medina and Lockport are also potential suspects in a series of burglaries in Oakfield in September and October.

The Orleans County District Attorney's Office announced the arrests today, according to Orleans Hub.

None of the suspects have been charged yet in Genesee County.

Chief Deputy Jerome Brewster congratulated the job done by law enforcement in Orleans County, but said the local cases are under review by Genesee County District Attorney's Office. Local charges may yet be filed.

From Orleans Hub:

Albion Police Chief Roland Nenni said the four were persons of interest in the crimes before their arrests. Police from Albion, Medina Lockport and the Genesee County Sheriff’s Department were in daily communication, sharing information and gathering evidence.

“Criminals don’t follow jurisdictional lines and neither do we,” Nenni said at a news conference at the Village Hall. “We became one big sheriff’s department or police department.”

The arrestees are:

  • Jonathan Banks, 21, of 4886 S. Townline Road, Medina, faces 10 counts of second-degree burglary, one count of attempted burglary and attempted robbery in the second degree, six counts of grand larceny, seven counts of petit larceny, three counts of attempted petit larceny, and four counts of fourth-degree criminal mischief. He is held in Niagara County Jail on $160,000 bail.
  • Isaiah Bonk, of 531 E. Center St., Medina, faces nine counts of second-degree burglary, one count of attempted burglary in the second-degree, six counts of fourth-degree grand larceny, seven counts of petit larceny, three counts of attempted petit larceny, and four counts of criminal mischief in the fourth degree. He is held in Orleans County Jail on $50,000 bail.
  • Jasper Lloyd, 20, of 107 E. Bank St., Albion, was charged with two counts of second-degree burglary, two counts of fourth-degree grand larceny, two counts of grand larceny and one count of criminal mischief in the fourth degree. He is in Orleans County Jail on $50,000 bail.
  • Thomas Shingleton, 36, of 177 Bates Road, Medina, has been charged with one count of attempted burglary in the second degree and one count of attempted petit larceny. He is in Orleans County Jail on $20,000 bail.

One car rollover accident reported on Route 5 near Boyce Road

By Howard B. Owens

A vehicle that was the subject of an erratic driver report has apparently crashed in the area of 1669 Main Road, Corfu.

As dispatchers were relaying description and direction information to a responding deputy, the caller informed a dispatcher that the car went off the roadway.

The car reportedly crossed to the north side of Main Road and took out a utility pole, according to a first responder, then crossed back to the south side and struck a tree and rolled over.

The driver is out of the vehicle and appears to have suffered only minor injuries.

Twin Cities ambulance medics were passing by at the time of the accident and are evaluating the patient.

East Pembroke Fire Department and Mercy EMS responding.

Route 5 is being shutdown at Route 77 with Indian Falls responding for traffic control.

Wires are reported down in the roadway. National Grid is notified, but no ETA.

Individuals who buy MVP health plans through new exchange reportedly not covered in Genesee County

By Howard B. Owens

Customers signing up for an MVP health insurance plan through the new government-run exchange might find they can't get treatment from doctors in Genesee County.

A local healthcare provider was alerted to the potential hole in coverage and he said he's confirmed it with MVP representatives.

The lack of local coverage arose after UMMC declined to sign a reimbursement agreement with MVP.

The situation affects only customers who sign up for individual plans through the exchange. People who get any type of group coverage through MVP or who get MVP health insurance directly from the company (rather than through the exchange) are not affected.

An MVP spokesman has not responded to a request for an interview.

Jeff Baldick, at Genesee Orthopedic, alerted The Batavian to the hole in coverage and said he has spoken directly with MVP about the situation and confirmed with the insurance provider that his patients who purchased insurance from MVP through the exchange will not be covered.

He said MVP told him that it is not providing coverage for any patient in Genesee County who purchased insurance through the exchange.

According to Bob Chiavetta, CFO for UMMC, the hospital was presented with a take-it-or-leave-it reimbursement plan by MVP some months ago for patients covered by insurance through the exchange.

The hospital rejected the reimbursement agreement because the health care reimbursements are significantly lower than those of other insurance providers, even lower than what MVP reimburses for group coverage and Medicaid.

So while the hospital continues -- as it alway has -- to accept patients covered by these other MVP products, it has no agreement with MVP for reimbursements of patients who purchased MVP insurance through the exchange.

"We communicated to them that those rates were not adequate," Chiavetta said. "They told us they were trying to work on their network and would get back to us, but we never heard anything back from them. We never received a letter or any written communication that we were being excluded. Then a week and a half to two weeks ago, we started hearing from patients that we were not listed as a network provider. When we heard that, we spoke with them and we're trying to work through something."

Chiavetta is hopeful an agreement can be reached soon with MVP to provide adequate reimbursements for patients who purchase MVP insurance through the exchange.

MVP is the only insurance provider, Chiavetta said, who significantly lowered reimbursements for patients coming through the exchange. All of the other insurers, he said, provide reimbursements to the hospital that are consistent with policies obtained outside the exchange.

It was Chiavetta's understanding that MVP was providing coverage on the exchange product to patients in Genesee County up to the point the patient might get referred to UMMC, but Baldick said MVP told him explicitly that no Genesee County patients would be covered because any doctor's office visit could potentially result in a referral to the local hospital.

Across the board, Chiavetta said, the Affordable Health Care Act, is leading to lower reimbursement rates for the hospital, but that won't affect the quality of care at UMMC.

He's more concerned, he said, about the higher out-of-pocket expenses some patients might encounter if they purchase health insurance through the exchange.

The lower premium plans have deductibles as high as $6,500 annually.

He said people planning to purchase health insurance through the exchange should look very closely at those plans and ensure they are adequate to meet their needs. Just because a monthly premium is as low as $200 doesn't mean it's the right plan for an individual.

"I can see where it's attractive to them," Chiavetta said. "The only thing I would say is for people who are actively looking for insurance on the exchange is be very aware of what the cost is going to be. A lot of people are gravitating toward the lower premium plans, but that's a risk. It doesn't take much of an illness to cost a lot of money.

"A product for $200 a month might work great for some, but they might be better off paying more if they picked a higher plan. You've got to take your own health care needs into account."

The hospital has three people going through training next week on how to help people navigate the exchange.

"As patients come to us who are uninsured, just as we do now, we will help them understand financial assistance, Medicaid, and we will add to that help in getting through the exchange and selecting a health care product that is out there that is appropriate for them," Chiavetta said.

Anyone with questions now are welcome to call Sue Brown, director of patient financial services, at (585) 344-5428.

Law and Order: Two apparently homeless men arrested in garage on South Main

By Howard B. Owens

Andrew Lucas Kosiorek, 41, no address provided, is charged with criminal possession of a controlled substance, criminal trespass, 3rd, and obstruction of governmental administration. Kosiorek was arrested after being allegedly located in a garage on South Main Street at 12:30 a.m., Nov. 28. Kosiorek allegedly tried to flee from police at the time of his arrest. Upon being taken into custody he was allegedly found in possession of a controlled substance. He was jailed on $2,500 bail. Also charged with criminal trespass was Damien R. Graham, 41, no residence.

Norman S. Malkimos-Gonzalez Jr., is charged with menacing, 3rd. Malkimos-Gonzalez is accused of threatening to shoot another person while in the area of 85 Main St., Batavia, at 4:10 p.m. on Nov. 22. Malkimos-Gonzalez was later located in the area of Ellicott and Jackson and taken into custody. No weapon was found.

Morgan L. Cox Jr., 21, of 119 State St., #4m Batavia, is charged with criminal intent to damage property and harassment, 2nd. Cox was arrested following an investigation into an alleged domestic incident at 12:59 p.m., Nov. 28.

A 16-year-old resident of West Main Street Road, is charged with petit larceny. The youth is accused of stealing $85.07 in merchandise from Tops.

Thomas W. Morey Jr., 38, of 10631 Main St., Alexander, is charged with criminal possession of a weapon, 4th. Morey was allegedly found in possession of two firearms during a traffic stop at 6:26 p.m. Nov. 25 on West Main Street, Batavia, by Officer James DeFreze. Morey reportedly has a prior felony conviction.

Christina S. Baudanza, 37, of 154 Jackson St., Batavia, is charged with disobeying a mandate. Baudanza was arrested following an investigation into an alleged domestic incident.

Matthew A. Beccue, 44, of 4 Elm St., Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, moving from lane unsafely and drinking alcohol in a motor vehicle on a public highway. Beccue was stopped at 8:32 p.m. Nov. 22 on East Main Street, Batavia, by Officer Chad Richards.

Taraleen T. Tundo, 29, 10901 Marsh Road, Bethany, is charged with criminal possession of a controlled substance. Tundo was allegedly found in possession of suboxone without a prescription during a traffic stop at 12:40 p.m. Nov. 21 on Ellicott Street, Batavia, by Officer John Kirbis.

Antonio Lester James, 22, of Avenue A, Rochester, was arrested on a bench warrant. He is accused of failure to appear in County Court on a grand larceny, 4th, charge. James was being held in Monroe County Jail and turned over to the Sheriff's Office. James was arraigned in County Court and sentenced by Judge Robert Noonan to a state prison term.

George A. Booth, 50, of Rural Route 1, Hinton, W. Va., was arrested on a warrant stemming from a criminal possession of a forged instrument charge. Booth was arrested in West Virginia and extradited to New York. He was arraigned in Town of Alexander Court and jailed on $5,000 cash bail.

Timothy R. Benbynek, 48 of Corfu, is charged with trespass. Benbynek was arrested at 816 Gabbey Road, Pembroke. No further details released.

William H. Englert, 47, of Caledonia, is charged with DWI. Englert was stopped at 9:55 p.m. Dec. 1 on Bernd Road, Le Roy, by State Police.

Allissa A. Fodge, 23, of Bergen, and Megan C. Marchese, 26, of Bergen, are both charged with grand larceny, 3rd. The alleged incident was reported Oct. 18. Fodge and Marchese were arrested by State Police. No further details released.

Two people were injured Wednesday in collision on Route 63

By Howard B. Owens

A driver reportedly over corrected after her passenger side tires left the roadway on Route 63 on Wednesday, leading to an accident that injured two people.

The accident was reported at 2:23 p.m. Wednesday in the area of 5647 Ellicott Street Road, Bethany.

Isabel E.Cicero, 86, of Main Street, Leicester, was driving a 2011 Mercury sedan east on Route 63 when her vehicle left the roadway.

Aaron M. Titus, 40, of Wyoming Road, Wyoming, was behind another vehicle in the eastbound lane.

The first vehicle was able to pull to the shoulder and avoid a collision with Cicero, but Titus apparently could not.

Neither Cicero nor Titus were seriously injured.

Cicero was issued a citation for alleged failure to move safely from lane.

The accident was investigated by Deputy Andrew Hale.

(Initial Report)

Car and truck accident reported on Townline Road, Bergen

By Howard B. Owens

A car has reportedly hit a truck in the area of 7887 Townline Road, Bergen.

Injuries are reported.

Bergen fire and Mercy EMS responding.

UPDATE 9:36 a.m.: Another ambulance requested to the scene. Three people are injured.

UPDATE 9:41 a.m.: Additional ambulance cancelled. Current response on scene is sufficient.

UPDATE 10:47 a.m. (by Billie): One of victims suffered a head injury and was transported to Strong Memorial Hospital. The road is reopened and the assignment is back in service.


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Two Christmastime photos of old Downtown Batavia

By Howard B. Owens

This is a copy of a photo, like the one below, that I acquired last night at auction through Bontrager's.

It was shot Dec. 4, 1940.

The photographer was William Seaver. He resided for a time at 21 Ellicott Ave., Batavia. His office was at 90 Main St., Batavia.

We can assume, I think, that this picture was taken from his office window. The exquisite sharpness and detail of the photo suggests he was using a quality, large format camera (the single sheet of film was likely 8x10, much larger than 35mm film). 

The block you see is the south side of Main Street from Court Street (where the Hotel Richmond stood) to perhaps Jackson Street or just west of Jackson Street.

Seaver's office would have been approximately where Hillside Children's Center is now, on the west end of the mall.

Comparing it to the photo below, Seaver used a wider angle lens for the 1940 shot than he did for the 1927 shot. In 1927, he used some sort of telephoto lens. I don't know 8x10 format lenses all that well. It appears he used a wider angle lens in 1940 than he did in 1927 based on the crop and compression of space.

When I stopped by the County History office today, Larry Barnes, the city's historian was there. He had seen the 1927 shot before. It's in his book "Batavia Revisited." He had never seen the 1940 shot before.

I'm not sure if there are any descendants of William Seaver still in Batavia, but it would be something if his negatives still existed. These are high-quality photographs and it would be a shame if his negatives (and who knows what else he shot) were lost.

This geneology page says "William Seaver registered for the World War I draft on 12 September 1918 in Batavia, Genesee County, New York. He was age 45, born 18 May 1873. 

In 1910, he lived at 35 Center St., Batavia. In 1920, he lived at 21 Ellicott Ave., Batavia, and 1930, he was a lodger residing at 102 West Main St. In each census he was single, even at age 56, so perhaps he has no descendants.

There was also a William Seaver who lived in Batavia before the photographer. He was the first captain of the first fire department and a president of the Village of Batavia in 1838. That Seaver appears to have published a book in 1849 called "A Historical Sketch of the Village of Batavia."

The older William Seaver, judging by the genealogy site, was the uncle of the photographer William Seaver. The photographer's father was David Seaver, the son of a William Seaver born in 1789 in Peru, Mass., and died in Batavia in 1871.

To aid in seeing the pictures at a higher resolution, I've put them into a slideshow below. I recommend viewing them in full-screen mode.

Growers gather in Batavia to learn about tunnel farming

By Howard B. Owens

More than 50 vegetable farmers from throughout WNY were at the Cornell Extension in Batavia today for "Tunnel School."

Tunnels, also called hoop houses, are like greenhouses. They're large enclosed structures allow plants to be grown in-ground but protected from the elements.

"What we're trying to do is help vegetable farmers grow over a longer season," said Judson Reid, a senior extension associate. "We really trying to help farmers increase their profitability with some of the technology we're talking about here today."

Tunnels allow farmers to plant vegetables earlier in the spring and harvest later in the fall, and because the plants are irrigated and aren't hit with rain water, the vegetables often come out looking better, which makes them easier to sell.

Not just growing vegetables but topics such as pricing and marketing where discussed in some depth by the farmers.

"One of my co-presenters said earlier today that farming is about marketing, business and growing, in that order," Reid said. "It's really fun to talk about plants, growing, soils, but really, we can never neglect markets.We have to focus on our marketing ability to improve our profitability."

Paul Fenton, owner of Fenton Farms in Batavia, was among the local farmers at the workshop and he said he was getting a lot of good information from the presenters.

"We're here because we want to extend our growing season and improve quality," Fenton said.

He said he's planning on growing cherry and  grape tomatoes. 

Sponsored Post: Thank you from Cedar Street Sales & Rentals!

By Lisa Ace

The entire staff at Cedar Street Sales & Rentals wants to thank you for your patience during the road construction project. We are movin’ on up from a beat up, one lane dirt road to a paved road complete with lines. Cedar Street is now paved, the bridge has been raised to accommodate tall tractor-trailers and some of the sidewalks leading to the park have been completed. The balance of the work is scheduled to be finished next spring. We are excited. It was much overdue and it will really look nice once completed. The sidewalks will serve a much needed purpose allowing access to our beautiful Dewitt Park. 

For most of November it was difficult at best to get to our business. Many times the wait was 15 minutes or more and customers were forced to try both ends of the street. We greatly appreciate our loyal customers who took extra time out of their day to pick up rental equipment, buy a part, shop for a new snowblower or chainsaw, or just stop in to browse. We realize that your time is precious and we can’t thank you enough for supporting us. 

We want to thank Zoladz Construction for a job well done, especially considering the time frame and conditions that they were given to complete the job. They worked incredibly hard and tried their best to be as accommodating as possible to the businesses and homes on Cedar Street. 

As a token of our appreciation we are raffling off a Shop Local Christmas Gift Basket complete with Oliver’s Candies, Kutter’s Cheese, Finger Lakes Wine, local movie and dinner gift certificate and $100 spending money! No purchase necessary. It’s our thanks just for stopping in. The drawing will be held on Wednesday, December 18th.

Thank you again for 20 years of support. God Bless and Merry Christmas. 
Guy Clark
Cedar Street Sales and Rental

Early morning foot patrol downtown yields underage drinking arrest

By Howard B. Owens

While on routine foot patrol in the early morning hours Batavia PD Officer Todd Crossett came across four people who appeared to be hiding at a location on Center Street and fled on foot when Crossett approached.

Back-up patrols arrived on scene and the youths were quickly located.

One 18-year-old, Steven Gilliatt, was charged with consumption/possession of alcohol under age 21. According to Chief Shawn Heubusch, Gilliatt admitted consuming the beverage throughout the night.

None of other youths reportedly with Gilliatt were charged.

Sheriff's Office announces death of jail inmate

By Howard B. Owens

A 36-year-old Genesee County Jail inmate with a history of heart-related medical issues collapsed in the general housing unit yesterday morning and an hour later was pronounced dead at UMMC.

Wallace E. Urf, of 6262 Telephone Road, Pavilion, fell unconscious at about 7 a.m. Correctional officers responded immediately and began CPR. Urf was transported to UMMC and pronounced dead at 8 a.m.

Urf was incarcerated Nov. 27 on an alleged parole violation.

The NYS Commission of Corrections was notified as required by law and will investigate the cause and circumstances surrounding Urf's death.

There is no sign of foul play, the Sheriff's Office said.

The exact cause of Urf's death is unknown pending an autopsy.

Two-car accident reported on Ellicott Street Road, Bethany

By Howard B. Owens

A two-car accident with injuries is reported at 5647 Ellicott Street Road, Bethany.

Bethany and Stafford fire departments are both dispatched along with Mercy EMS.

There was initially a report of a vehicle fire, but the first responder says there is no fire and possibly only minor injuries.

UPDATE 2:40 p.m.: Pavilion Fire Police requested to Texaco Town to shut down traffic on Route 63.

UPDATE 3:41 p.m.: Route 63 was reopened about 20 minutes ago.

Spouses involved in confrontation with police in Le Roy sent to jail

By Howard B. Owens

The Meads, Donald and Elaina, will each serve six months in jail for their part in a confrontation with police June 17, 2012 at 21 Maple Ave., Le Roy.

Judge Robert C. Noonan said because of the dangers stemming from their actions he would have been inclined to send them both to prison save the outpouring of support from friends and family.

"The letters I've received (about three dozen), it's obvious to me you were not the person that day that you have been for the other 51 years of your life," Noonan told Donald. "You are the patriarch of a very tight-knit family. You've done a very good job of raising seven children, of whom five have challenges in life that many people do not have.

File photo: Arrest of Elaina Mead
June 17, 2012

"Two of the hardest jobs in America," Noonan added, "are being a parent and being a police officer and those two things came squarely face to face at your house that day."

For all of their family values, Noonan told Elaina, there is another value the Meads should teach their children and 11 grandchildren: let police officers do their jobs.

"Teach them the value that if a police officer shows up and advises somebody he is under arrest, stay out of it," Noonan said. "Let the police officers do their job.

"I'm not naive enough to believe police officers are always right," Noonan added. "I know sometimes they are wrong, but those are issues that can be rectified at another time and not by disobeying orders and bring out knives and interfering with them while they're conducting their jobs."

After six months in jail, the spouses will spend five years on probation.

Donald and Elaina Mead were arrested on Father's Day after Deputy Matthew Butler went to their residence to talk to their son Micheal.

According to statements in court today by Assistant District Attorney Kevin Finnell, Butler had been trying to work with Michael to resolve a Family Court matter, giving, Finnell said, Michael every chance to clear up the matter. But after Butler spoke with Michael that day and found that Michael couldn't produce the paperwork necessary to prove he hadn't violated a court order, Butler told Michael he was under arrest.

At that point, according to Finnell, Donald Mead slammed the door against Butler and slammed it against him several times, causing Butler to suffer minor injuries.

The confrontation then spilled out of the house and, according to Finnell, Elaina emerged from the house with a kitchen knife and held it to the chest of Butler.

Officer Emily Clark knocked the knife from Elaina's hand, sustaining a minor cut, according to official accounts.

Elaina Mead has maintained that she dropped the knife when she came out of the house.

Both Elaina and Donald entered their guilty pleas -- Elaina to menacing a police officer and Donald to attempted assault -- on an Alford basis, meaning they have not admitted to the factual allegations just that a jury would likely find them guilty if their cases went to trial.

To Noonan, he said, Elaina has shown a lack of remorse for her actions. In September, Elaina entered a guilty plea but after reviewing the pre-sentencing report, Noonan said he couldn't go along with the plea arrangement that would have allowed for a six-month jail term and probation. He said at the time, he didn't think the sentence was appropriate given the seriousness of the allegations and Elaina's unwillingness, he said, to accept responsibility for her actions.

"When I read the pre-sentence report (in September), it's clear that you showed absolutely no remorse," Noonan told Elaina. "You were not at all apologetic for the very dangerous situation you created. Now I've read a whole lot more about you and I'm glad I have a better picture of who you are. You obviously have strong family values and strong family support. You have done an extraordinary job of keeping a family together in difficult circumstances."

The fact, however, that by interfering with police officers trying to make an arrest, the Meads created a situation, Noonan said, that could have led to serious, if not fatal, injuries either for the officers or the Meads themselves. For that reason, Noonan said, some jail time was appropriate for both defendants.

Finnell said both Butler and Clark, as victims in the case, asked that the Meads be given some jail time.

Elaina declined to speak in court, but her attorney, Thomas Burns, said she has expressed regret for the events of June 17.

"There's no doubt in my mind, at least, that she wishes if she could have one day for a do over, that would be the day," Burns said. "She did not intend to cause injury. I do believe she acted irrationally and she should not have endangered anybody or had any contact with police when they attempted to subdue her son and attempted to take him away under arrest."

Donald said he regretted what happened June 17.

"If I could go back to that day and live it all over again, I would do things differently," Donald said. "I didn't intend for anybody to get hurt, especially an officer. I wish I could live that day over again. I keep going over and over it in my head. If I could, I wouldn't have to come here and waste anybody's time. I keep thinking what I could have done differently."

Previously:

All victims of Friday's accident at Oak and Richmond released from hospitals

By Howard B. Owens

All of  the victims of two-car accident Friday at Richmond Avenue and Oak Street are out of the hospital, according to Batavia PD.

The two pedestrians struck either by a vehicle or debris were treated and released at UMMC for cuts and contusions. One victim was 22 years old, the other 29.

Of the four occupants of the red GMC Jimmy, one patient spent about a day at Strong Memorial Hospital. The 14-year-old suffered a broken orbital bone in his or her left eye. 

The driver, 40, was treated and released for a back injury. The front passenger, 45, was treated and released for a wrist fracture. The other rear seat passenger, 20, had no injuries.

The driver of the black Acura, age 45, suffered a back injury and was treated at UMMC and then transferred to Strong and has since been released from the hospital.

Chief Shawn Heubusch has declined to release the names of the victims citing an ongoing criminal investigation.

Previously, the driver of the Acura was reported to be Michael I. Sanders of 22 Columbia Ave., Apt. #1, Batavia. He was cited alleged failure to yield right of way.

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