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Turtle rescuer in trouble with DEC

By Howard B. Owens

CORRECTION: It turns out there are two people from Attica named John Volpe who rescue turtles. There is John P. Volpe, who was arrested, and John K. Volpe, who is the person we met on Creek Road in 2012. We apologize to John K. Volpe and his family for the mistaken identity.

We met John Volpe two years ago after spotting a snapping turtle trying to cross Creek Road by Baskin Livestock.

Now Volpe is in quite a bit of trouble with the Department of Environmental Conservation for his collection of turtles and birds of prey.

When we met Volpe previously, he had stopped his car on Creek Road to carry the turtle out of the road. A short time later, Volpe's wife arrived and the couple took the turtle to their place in Attica.

Volpe explained to me that he and his father often rescue turtles. He said they would take the turtle home, ensure she (or he) is healthy. If healthy, and a female, they would hold her until she laid her eggs, then release her back into the wild, then raise the babies.

"Turtles mean a lot to us," said Volpe, who is Native American.

He is now facing state charges on alleged unlicensed possession of more than 100 live native turtles, including one live wood turtle, which is currently listed as a "species of special concern" in New York State.

Volpe is also accused of having numerous live birds that require a license to possess, including screech owls, great horned owls, a snowy owl, red-tailed hawks, turkey vultures, gulls, a blue heron and numerous other birds.

He was also allegedly found to possess taxidermy mounts of more than a dozen species of protected birds of prey including: screech owls, great-horned owls, snowy owls, barred owls, saw-whet owls, red-tailed hawks, Cooper's hawks, sharp-shinned hawks, kestrels and turkey vultures.

The  62-year-old also faces possible federal charges for taxidermy work on migratory waterfowl as well as possessing bald and golden eagle mounts and parts.

Volpe was allegedly found in possession in 2005 of two birds of prey. The birds were placed in a licensed facility, according to the DEC, and Volpe was given a chance to obtain a property license, but did not complete the process, the DEC said.

One-vehicle rollover accident reported on Crosby Road, Alabama

By Howard B. Owens

A one-vehicle rollover accident is reported on Crosby Road, possibily near Lewiston Road.

Unknown injuries. The caller left the scene. The caller guessed it was closer to Lewiston.

Alabama fire and Mercy EMS dispatched.

UPDATE 6:45 a.m.: A chief on scene wants to ensure law enforcement is in route. One of the Alabama engines responding can stand down and the Mercy ambulance responding can stand down.

Upstairs room ablaze in house on Oak Orchard Road, Elba

By Billie Owens

An upstairs room is reportedly on fire at 6456 Oak Orchard Road, just north of Lockport Road. Elba Fire Department is responding.

UPDATE 8:56 p.m.: An engine from Barre is requested to provide mutual aid.

UPDATE 9:02 p.m.: The Town of Batavia is requested to provide equipment at the scene and a crew to stand by in Elba's hall. Also called for mutual aid are South Byron, Byron, Oakfield and Bergen.

UPDATE 9:13 p.m.: Elba command requests all equipment to continue in non-emergency mode.

UPDATE 9:35 p.m.: National Grid is called in; no ETA given.

UPDATE 10:06 p.m. (by Howard): Fire reported under control.

UPDATE 10:12 p.m. (by Howard): Information provided by Alecia Kaus, who is on scene: Chimney fire that got into the walls. Code enforcment on scene, trying to determine if the family can stay. No injuries. Seven fire companies responded, including two from Orleans County. Fire is out, doing overhaul and checking for extensions with thermal camera.

Phtoo by Alecia Kaus.

Pair accused of Park Avenue house burglary indicted on three felonies

By Billie Owens
Akeem Simmons Nathaniel Davis

The duo accused of breaking into a house on Park Avenue in the city on Jan. 14 were indicted yesterday afternoon by the Grand Jury on three counts in connection with the alleged crime.

Nathaniel R. Davis, 18, and Akeem M. Simmons, 23, are accused of first-degree burglary for allegedly entering a house at 28 Park Ave. illegally with the intent to commit a crime, and one of the participants, Davis, was armed with a handgun. Both defendants are also accused of criminal use of a firearm, 1st, for allegedly possessing a loaded weapon during the commission of the crime.

No weapon was found on Simmons.

These are Class B violent felonies.

In count three, the men are accused of fourth-degree conspiracy, a Class E felony, for allegedly agreeing with one another to commit the crime.

The defendants were taken into custody in less than an hour after the burglary was first reported at 11:28 a.m.. Davis, who was allegedly armed, was caputured about 100 yards from the residence. Simmons was captured after a manhunt which lasted about 45 minutes.

According to Batavia PD Det. Rich Schauf, it didn't appear that anything was stolen.

Previously:

Law and Order: Two arrested on bench warrants, plus pair of Walmart theft arrests

By Billie Owens

Nikkia M. Phillips, 27, of West Main Street Road, Batavia, was arrested Wednesday afternoon on a bench warrant issued by Batavia City Court for alleged failure to appear at a previous court date on a charge of second-degree aggrevated unlicensed operation of a vehicle. She was jailed on $500 bail or $1,000 bond and is to appear in city court on March 12.

Christopher Lee Taylor, 25, of Frost Avenue, Rochester, was arrested today on a warrant out of Town of Elba Court for aggravated unlicensed operation of a vehicle, 3rd, and no/inadequate headlights. The violations allegedly occurred on Maple Avenue in Elba on Feb. 11. He was jailed with bail set at $250.

Justine Denae McWethy, 27, of Richmond Avenue, Batavia, was arrested Tuesday night for petit larceny for allegedly stealing $73.85 in merchandise from Walmart. She was issued an appearance ticket and is to appear in Batavia Town Court on March 27.

Ronald Louis MacGregor Jr., 45, of Washington Avenue, Batavia, was arrested Monday afternoon for petit larceny for allegedly stealing $29.88 in merchandise from Walmart. He was issued an appearance ticket and is to appear in Town of Batavia Court on March 27.

Garage fire quickly knocked down on Batavia Oakfield Town Line Road

By Billie Owens

A garage fire was quickly knocked down within the last half hour at 2999 Batavia Oakfield Town Line Road. Oakfield fire responded, along with mutual aid from Town of Batavia and East Pembroke, and Alabama had a crew stand by in Oakfield's quarters. A portion of the roadway for eastbound traffic was also closed.

UPDATE 3:30 p.m.: All responders are back in service.

Chickens found in ditch on Transit Road in Stafford

By Alecia Kaus

The temperature in Stafford early Tuesday morning was about 4 degrees.

Crista Boldt was on her way to work when she spotted four red birds in a ditch off Transit Road near East Bethany Le Roy Road.

"I thought they were pheasants," Boldt says.

When Boldt returned an hour later to see if they were still there, she found four domestic Red Star chickens huddled together and not moving. Boldt could tell they were suffering from hypothermia. She immediately placed the chickens in her van and transported them to her barn.

Boldt owns a horse farm in Stafford and she has eight horses. One of her horses is currently being boarded elsewhere for training. The one empty stall in her barn is now home to four lucky Red Star chickens.

"I was very upset when I spotted them," Boldt said. "I had to go back and get them, it just wasn't fair. They were left out in extreme temperatures and with no survival skills since they are domestic."

This morning Boldt noticed one the chickens has developed labored breathing and it might have pneumonia.

Dr. Catherine Homrig, a veterinarian at Pumpkin Hill Veterinarian Clinic in Byron says, "These domestic chickens are used for laying eggs and are usually found living in a coop. To ask them to fend for themselves in subzero weather in deep snow on the side of the road is beyond their ability."

Homrig says sometimes pet owners find themselves in financial trouble, having to move, or unable to care for their animal any longer.

"There are lots of situations," she says. "There are better ways and people need to be more compassionate about their animals."

The Genesee County Animal Shelter on West Main Street in Batavia does not accept chickens since they are considered a farm animal. 

According to Ann Marie Bradley, an Animal Control Officer with Genesee County, there are other options.

Abandoning your farm animal or pet along side a road is a misdemeanor charge under the the Ag and Markets law. Animal owners who are found guilty of dumping their pets or farm animals can face up to a year in jail and or a $1,000 fine or both.

Bradley says, people with farm animals can re-home the animal, process them for meat, euthanize the animal or take them to Lollypop Farm, a Humane Society in the Rochester area which is equipped to take in farm animal such as geese, ducks, chickens and horses.

Crista Boldt says her almost 7-year-old son Alex has become quite attached to the four chickens in her horse barn over the last few days.

"He already has names for each of them, Carla, from the 'Tractor Mac' book series, Chloe, Cluck and Claira."

Boldt will keep the rescued chickens at her horse farm until April 1.

After that a friend in the Pavilion area who is set up to take care of chickens, will be welcoming the four Red Stars to "Cluckingham Palace" where they will be cared for very well each day.

"We are always willing to give people advice by giving them information on other agencies that might be able to help," Bradley said.

Anyone who might need help or advice on what to do with an unwanted pet or farm animal can call the Genesee County Animal Shelter at 585-343-6410.

(Above picture provided by Crista Boldt.)

 

STAMP project generating some interest among high-tech manufacturers, Hyde tells legislators

By Howard B. Owens

There's plenty of reason to be optimistic about the future of the WNY STAMP project in Alabama, Steve Hyde told members of the County Legislature during the Ways and Means Committee meeting Tuesday.

While Genesee County Economic Development Center must still secure a total of $33 million in financing to make the proposed high-tech manufacturing park "shovel-ready lite," there is plenty of buzz about the project among site selectors.

STAMP will be one of only a couple of locations in the nation, if not in the world, that could provide a major manufacturer with both 500 acres of property and up to 500 megawatts of electricity, Hyde said.

One of the nation's leading site selectors was at a conference in Denver recently and told Hyde there may be a very big project in the pipeline and STAMP is in the running.

"He said they have a really monster project developing, that New York will certainly be on the radar, but they said that STAMP is the one site, and maybe the only site in New York, that could probably accomodate it," Hyde said. "We're excited. We hope that comes through, but it's still very, very early at this juncture."

Hyde also said the governor's office is working on landing a project that would be "about the size of Muller" -- the yogurt plant in the Genesee Valley Ag Park -- for STAMP, but that New York is among four states competing for the project.

"It's competitive, but we're in the hunt," Hyde said.

STAMP is Hyde's big dream -- with the potential for hundreds of millions in local investment and 10,000 jobs. He called it "a game changer for our community."

He made his remarks during GCEDC's annual review for the Ways and Means Committee.  GCEDC will hold it's annual meeting at noon Friday at the college.

GCEDC operates on a $1.3 million annual budget, with $597,975 coming from fees paid by businesses that receive GCEDC benefits, $480,000 from the Local Development Corporation (a nonprofit operated by GCEDC that also receives fees for projects) and $215,014 from county taxpayers.

That $215,000 in county funding is perpetually controversial, but Hyde said it's essential to keeping GCEDC operating.

"That county contribution is only about 17 percent of our budget, but it gives about 8.5 professionals work that we hope you think is of value," Hyde said. "It's very important."

In 2013, GCEDC closed 28 projects that resulted in 270 pledged jobs, $29.9 million in capital investments and $1.7 million in grants for business and infrastructure improvements.

The biggest win for GCEDC over the past two years has been the ag park, which has seen the creation of two Greek yogurt plants -- Alpina and Muller.

Alpina pledged 50 new jobs and has already created 47, plus 33 full-time temp jobs that fluctuate based on production needs (and sometimes turn into new full-time, permanent jobs).

PepsiCo. / Muller pledged 186 new jobs in the first three years and 145 have been created so far.

Nearly 50 percent of the new hires at the two plants were Genesee County residents, Hyde said.

Unique financing scheme proposed to bring more electricity to Appletree Acres

By Howard B. Owens

It's going to take a good deal more electricity to power an expanded Liberty Pumps in Bergen and adding more transmission lines to Appletree Acres will cost a bit of money.

To help pay for it, Genesee County Economic Development Center is proposing a financing scheme known as a PIF -- PILOT Increment Financing.

Liberty Pumps already has an approved PILOT (Payment in Lieu of Taxes) for its expansion, and a PIF reallocates some of their PILOT payments toward infrastructure payments.

In this case, GCEDC is proposing a 50-percent PIF, meaning the taxing jurisdiction will get half of the PILOT payments and half will go toward a fund to pay for the additional power lines and poles.

The cost of the electricity project is estimated at $150,000.

The power expansion will benefit all of Appletree Acres, making it more attractive to potential businesses considering the park and Village of Bergen residents, said Mark Masse, VP of business development for GCEDC.

It will also mean ratepayers in the Village of Bergen -- which has its own power utility -- won't see a rate increase as a result of infrastructure upgrade.

Of the 10-year period of the PILOT/PIF, the county will receive nearly $80,000 in PILOT payments and $80,000 will go to the electricity project. For the county, the gain/loss of $80,000 is not currently either a budgeted expense or budgeted revenue.

For the Village of Bergen the split is $17,600, and for the Byron-Bergen School District, it's $287,850.

All three jurisdictions will need approve the PIF.

Masse will explain the project to the Byron-Bergen School Board tonight.

A PILOT is a mechanism to relieve a new or expanding business of some property tax burden on projects expected to create new jobs. The property is either owned or leased by the nonprofit GCEDC so there are no property taxes owed; the business then makes payments in lieu of those taxes during the PILOT period. The payments increase on a graduated scale over a 10-year period, usually started at 20 percent of the increase in assessed value.

A PIF, then, takes those payments and allocates at least a portion to a specific community project.

The County's Ways and Means Committee learned about the PIF plan for Appletree Acres on Wednesday, but was not yet asked to vote on the project.

Liberty Pumps is planning to add 100,000 square feet of manufacturing and office space.

Cataract surgery today

By Howard B. Owens

Longtime readers may remember I didn't work for a day or two in the summer of 2009 because of cataract surgery.

That was for the right eye.

That worked out pretty well because it made my right eye -- my camera shooting eye -- a perfect 20/20.

Now it's time for the left eye.

I go into UMMC this morning to have Dr. Li from University Eye replace my left lens with an implant that will bring to an end the foggy, triple vision of that eye.

Today, I'll be pretty much out of commission. Tomorrow, I'll take it easy. I expect to be shooting Notre Dame's basketball game in Buffalo on Saturday.

We have some coverage lined up for today -- including a couple of stories I actually wrote last night that will self-publish later this morning.

Billie will be around, of course, listening to the scanner (not that we have totally locked in the county's new system yet).

Lisa Ace will be holding down the fort in the office today, handling any site sponsor needs.

BTW: I've got to tell you what I think is a pretty amazing story, a modern miracle, from my visit to University Eye a few weeks ago. All summer and winter, my vision had been declining, even in my right eye. It turns out, the lens was fogged over. Dr. Li used a laser for less than 60 seconds, just a few zaps, to clear the cloudiness away. Within an hour of leaving the office, I was back to 20/20 again. The sudden change in vision felt quite literately like scales falling away from my eyes. Modern technology can just be so amazing some times.

I'm looking forward to being 20/20 in both eyes for the first time since I was about 14.

Hawley joins call for $50 million in local bridge and road repair funds

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) joined county and town highway superintendents to call for an additional $50 million in state funding to improve local roads and bridges. This funding is necessary to improve New York’s deteriorating local infrastructure, and will also create jobs related to infrastructure improvements. These roads cost each New Yorker an average of $1,600 in damage to vehicles because of roads in disrepair.

“After a particularly harsh winter, the importance of having well-maintained roads has become clear. We need to make sure that our roads and bridges are safe for the people who rely on them to go about their day-to-day lives. I stand with highway superintendents across the state in saying that our local roads do matter, and proper funding is critical to keeping them safe,” Hawley said.

Anti-Cuomo sign placed in front of Upton Monument without permission is removed by county

By Howard B. Owens

This protest sign appeared for a time today in front of the Upton Monument at Main and Ellicott streets.

It's gone now.

The City Manager's office has the sign. If the person who placed it at the intersection wants it back and can prove ownership, it will be returned, County Manager Jay Gsell said.

"There's so many things that are not appropriate about that sign," Gsell said.

Such as: It was placed without permission; permission would need to be granted by the city, state and county; the veterans consider the location hallowed ground; nobody knows who placed the sign.

(The person in the picture is just a pedestrian who happened to be in the area at the time the picture was taken.)

Salvation Army's Mobile Pantry Program starts next month

By Billie Owens

The Salvation Army's Mobile Pantry Program begins in April. It will be held from 10 a.m. to noon on the first Wednesday of every month through December at the Salvation Army headquarters, 529 E. Main St., Batavia. You are welcome to come early at 9:15 a.m. for coffee and conversation.

The dates of the Mobile Pantry Program are:

  • April 2
  • May 7
  • June 4
  • July 2
  • Aug. 6
  • Sept. 3
  • Oct. 1
  • Nov. 5
  • Dec. 3

Rural Police Training Academy celebrates 25th graduation class

By Billie Owens

Press release:

This Friday, March 7, at 7 p.m., the Rural Police Training Academy will enjoy a double celebration. As the most recent class of 22 graduates receives their completion certificates, the Academy itself recognizes its 25th Silver Anniversary.

Since being established in 1985, a total of 593 graduates including the current 2013-2014 class have completed the Rural Police Training Academy (RPTA) offered by Genesee Community College through the Division of Criminal Justice Services and The BEST (Business and Employee Skills Training) Center.

RPTA has evolved through its long distinguished history, and now the 11-month program provides basic training both to sworn members of police and sheriff agencies as well as training for pre-employed law enforcement officers.

The program requires 639 hours of training and the major curriculum covered includes Justice Administration, New York State Laws, Community Interaction, Mass Casualties and Major Events, Investigations and practical skills such as field note taking, report writing, case preparation, arrest processing, professional traffic stops and firearms training. RPTA offers a GCC college credit option and also veterans opportunities.

The 2013-2014 RPTA graduates include:

  • SWORN OFFICER GRADUATES:Brittany N. Smyder, Caledonia Police Department
  • Aaron M. Ellis, Corfu Police Department
  • Chad R. Brady and James G. Frascati, East Rochester Police Department
  • Joseph D. Loftus, Class Captain, Genesee County Sheriff's Department
  • Andrew M. Carriero, Platoon Leader, and Shane G. Miller of Gowanda Police Department
  • Edwin S. Bower II and Timothy P. Moulton, Holley Police Department
  • Mark A. Bennetti, Platoon Leader, Le Roy Police Department
  • Dylan D. DiPasquale, Mt. Morris Police Department
  • Catherine M. Mucha and Conner T. Sanford, Nunda Police Department
  • Bryant W. Ferry and Kevin T. Green, Perry Police Department

PRE-EMPLOYMENT GRADUATES:

  • Ryan L. Andrews
  • Jason S. Butterbrodt
  • Andrew R. Fisk
  • Joseph J. Renaldo
  • Tyler S. Smith
  • Zachery A Sobieraski, Assistant Class Captain, Platoon Leader
  • Nathaniel P. Staines

Friday's program features a keynote address by Federal Security Director for Greater Rochester International Airport John P. McCaffrey. Other speakers include graduates of the RPTA program -- Batavia Police Chief Shawn Heubusch, and Sheriff Thomas Dougherty and Undersheriff Matthew Bean, both of the Livingston County Sheriff's Department.

The training programs offered by RPTA has assisted law enforcement agencies in numerous counties, including but not limited to Genesee, Livingston, Wyoming, Orleans, Allegheny, Cattaraugus and Monroe counties. Through the years as policing and public protection has grown more complicated, the program expanded to include a broad cross section of criminal justice topics. The focus, however includes the challenges of law enforcement in rural areas where resources can be limited, sending in backup support takes longer and officers usually cover much greater distances.

"Police protection in a rural community compared to a big city is quite different," said Ray Chaya, director of The BEST Center. "The Rural Police Academy was started by chiefs and sheriffs in the GLOW region who wanted a program that was familiar with the challenges faced by rural police. The larger number of miles means backup forces are farther away, and resources can be limited."

Some of GCC's most seasoned faculty and staff have been involved with RPTA since the earliest days. The late Richard (Dick) Tiede, who served as GCC's Public Safety director for nearly three decades, was a graduate of the first class in 1986. Barry Garigen, GCC's professor of Criminal Justice helped found the program in 1985. And Douglas C. Brooks, former assistant director of operations at College Village has been the RPTA director since 1987.

The program has many distinguished graduates with unique backgrounds. Among the graduates have been a father-son and a father-daughter team, at least two sets of brothers, and one married couple. Gowanda Chief of Police Joseph Alessi and his spouse, Detective Jennifer Alessi, are also graduates. In addition, RPTA offers excellent opportunities to veterans and not long ago one application was completed by a soldier in active duty from Iraq.

RPTA tuition is $3,750 not including the special supplies such as uniform and all applicants must meet a physical agility test. The 2014-2015 class begins April 15th and classes meet Tuesdays and Thursdays from 6:30 to 10:30 p.m. and Saturdays, 8 a.m. to 5 p.m. through February 2015.

For further information go to: http://www.genesee.edu/best/development/rural-police-training-academy/

Water main breaks reported on Union Street

By Howard B. Owens

Press release:

There are currently two water main breaks on Union Street near Robert Morris School and near the Notre Dame athletic field. Crews are on site to begin repairs.

Le Roy students to perform 'Legally Blonde: The Musical'

By Howard B. Owens

About 150 students at Le Roy High Sschool are busy in rehearsals and stage set up for upcoming performances of "Legally Blonde: The Musical."

The show stars, above, John Snyder, Rachel Glucksam, Danny Weaver and Ashley Webb.

Performances are at 7 p.m. March 20, 21, and 22, in the auditorium at Le Roy HS. Tickets are available online at www.leroycsd.org and are $8 or $10 at the door.

The show is directed by Jacqueline McLean. She described the themes of the show as appropriate for school children in fourth grade and older.

"We picked the show because we had a lot of strong girls, but we also wanted to talk about some things in society that are a little controversial but important," McLean said. "The overlying theme of the show is the overall acceptance of people and people with differences. "

Top Items on Batavia's List

City of Batavia, New York (Pop. 15,600) seeks an experienced professional to join the management team in the capacity of Assistant City Manager/ Director of Administrative Services. Salary: $98,642-$119,642 DOQ. Reporting to the City Manager, the Assistant City Manager/ (ACM) will oversee the functions of Assessment, City Clerk/Treasurer, and IT. This position assists in the implementation of the City’s strategic plan; annual operating budget and capital improvement program; will participate in labor negotiations; and present information to the public, advisory committees and commission, City Council, and outside agencies. In addition, as the ACM, this individual shall assist multiple committees as well as serve as a liaison to various major projects and neighborhood groups. Must have the ability to exercise considerable independent judgment in planning, implementing, overseeing, and reviewing major projects; and the ability to develop and recommend policies and projects. MINIMUM QUALIFICATIONS: Graduation from high school or possession of an appropriate equivalency diploma recognized by the New York State Department of Education, AND EITHER: A. Graduation from a regionally accredited or NYS Registered College with a Master's Degree in Public Administration, Business Administration, or a closely related field and two (2) years of full-time paid experience in a responsible governmental administrative position; OR: B. Graduation from a regionally accredited or NYS Registered College with a Bachelor's Degree in Public Administration, Business Administration, or a closely related field and four (4) years of full-time paid experience in a responsible governmental administrative position; OR: C. Graduation from a regionally accredited or NYS Registered College with an Associate's Degree in Public Administration, Business Administration, or a closely related field and four (6) years of full-time paid experience in a responsible governmental administrative position; OR: D. Eight (8) years full-time paid experience in the private sector, non-profit, and/or government management sector with progressively more responsibility. OR: E. Satisfactory equivalent combination of the foregoing training and experience. To be considered, submit your cover letter, resume, and contact information, including email addresses for five work-related references to Gabrielle Kolo, Human Resources Director, One Batavia City Centre, Batavia, New York 14020 or gkolo@batavianewyork.com. First review of candidates to begin 7/3/25. Background check, personality assessment, and drug testing required. City residency is required within one year of appointment. EEO A full description and list of duties can be found at www.batavianewyork.com under the Human Resources tab.
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