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Accident with possible drunken driver reported in Alabama

By Howard B. Owens

At least three cars are reportedly involved in an accident in the area of 1130 Lewiston Road, Alabama. 

There maybe injuries. 

There maybe a drunken driver involved. A vehicle may have left the scene.

Traffic lanes may be blocked. 

Alabama fire and Mercy EMS responding.

UPDATE: There may be only two vehicles. One hit a tree and a passenger was left behind.

UPDATE 7:33 p.m.: Passenger is a sign off.

Sponsored Post: Dolce Panepinto is proud to announce the hiring of Attorney Kristin Allen and the grand opening of our new Batavia office

By Lisa Ace


Dolce Panepinto is proud to announce the hiring of Attorney Kristin Allen and the grand opening of our new Batavia office located directly above the New York State Worker’s Compensation Board in the at 83 Main St., Suite 220, Batavia, NY 14020. Kristin has been practicing Workers’ Compensation law for the past 16 years and has been handling Workers’ Compensation claims on behalf of injured workers in Batavia for the past 10 years. Her vast knowledge of the Workers’ Compensation system combined with her remarkable work ethic and friendly personality make her an ideal fit for our legal team.

“It had long been a dream of my late partner Frank Dolce to have a Workers’ Compensation Department at Dolce Panepinto and we were able to make that dream a reality in 2013 with the hiring of Holly Schoenborn and Colleen Malchow,” explained Senior Partner Marc Panepinto. “The addition of Kristin Allen and the Batavia office are an extension of that dream. Kristin is a very intelligent attorney and an extremely hard worker. I know Frank would be proud to have her.”

Kristin joins attorneys Holly Schoenborn and Colleen Malchow in our dedicated Workers’ Compensation Department which works hand in hand with the rest of the Dolce Panepinto team. We take the team approach to practicing in the areas of Personal Injury, Workers’ Compensation, Social Security Disability, and all injury-related matters, which means that all of our clients' cases are evaluated by several attorneys to devise the proper legal strategy for each matter. You and your family may have the ability to file several types of claims relating to the same incident. We handle those claims simultaneously as a team, working hand in hand to ensure that you receive the best possible outcome.

When asked about her new position with Dolce Panepinto, Allen said, “I am thrilled to be joining a firm comprised of Western New York’s brightest and hardest working attorneys. Working in a true team environment is a dream come true and I am excited for the results we will provide for my clients.”

All three of our Workers’ Compensation attorneys are available to speak to the leadership and/or membership of your union or volunteer fire department about Workers’ Compensation basics and the ways in which the law applies to your specific field. If you would like to find out more, or to schedule a presentation, please contact Carlos Torres at our Buffalo office at 716-852-1888.

Once again, our Batavia office is located directly above the Workers’ Compensation Board office at 83 Main St., Suite 220, Batavia, NY 14020. There is free parking in the rear and an elevator is available to reach the second floor. If you or anybody in your family has been injured and are in need of legal assistance, do not hesitate to contact Kristin today at 585-815-9003 for a free case evaluation.

New Christmas song from DelPlato family

By Howard B. Owens

As he's done each of the past couple of years, Carmen DelPlato has sent us over a Christmas song to share with the community. The song is written by Mary DelPlato and performed by Anthony DelPlato.

Law and Order: Complaint of woman locked in bathroom for two hours leads to arrest on drug charge

By Howard B. Owens

Tesia Renee Plantiko, 24, of Harris Road, Le Roy, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia. Plantiko was arrested after police responded to a complaint at 9:50 a.m. Nov. 23 from a business on East Main Street, Batavia, that a woman had been in the restroom for more than two hours.

Joseph M. Marscelli Jr., 31, of Central Avenue, Batavia, was arrested on a warrant. Marsceilli allegedly failed to appear in City Court as ordered.

Francis W. Derenzo, 60, of Ellicott Street, Batavia, is charged with harassment, 2nd. Derenzo was allegedly involved in a domestic incident at 12:30 a.m. on Thursday.

Thomas J. Mitchell, 27, of West Main Street, Batavia, is charged with a violation of probation. He was jailed on $10,000 bail.

Dawn M. Newton, 56, of Crane Road, Medina, is arrested on a warrant. Newton turned herself in on the warrant, which is related to an alleged city code violation for deteriorating roof and gutters. Newton posted $350 bail and was released.

Shamir K. Aslam, 29, of Landstone Terrance, Rochester, is charged with criminal contempt, 1st, and criminal mischief, 4th. Aslam was allegedly involved in a domestic incident in violation of a court order and prevented a subject from contacting dispatchers for emergency assistance.

Richard Dean McKague, 26, of Main Street Road, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. McKague allegedly pushed a person into a door and then kicked her. There was reportedly an order of protection in place. McKague was jailed on $500 bail or $2,000 bond.

East Pembroke Fire takes delivery of new search and rescue vehicle

By Howard B. Owens

A new all-terrain vehicle for the East Pembroke Volunteer Fire Department will help improve the search and rescue capabilities of fire departments throughout Genesee County, EPFD Chief Don Newton said yesterday.

"This a new tool, another tool, we have available," Newton said. "I think it's a great addition for the fire services."

The only other similar vehicle available for search and rescue operations is with the Alexander Volunteer Fire Department.

Jan Schafer, owner of Buck's Motorsports in Akron helped arrange for the vehicle for EPFD as part of a manufacture's program that allows the department to get free use of the four-wheeler for a year with an option to buy it at 20-percent below dealer costs at the end of the year.

All members of the EPFD will be trained in the operations of the new vehicle, which can be used not only to rescue hunters or snowmobilers, but to help fight small brush fires.

"We need the volunteer firefighters who support our snowmobilers, our ATVers, our hunters, and at events and parades to be well equipped," said Schafer, who is an East Pembroke resident. "I think it’s extremely important that they have some vehicles like this."

There's been an increasing need in the county, Newton said, for increased search and rescue capabilities.

"In our area, Genesee County, we've been getting over the years more and more calls for lost hunters, hurt hunters in the woods, more snowmobile accidents, four-wheeler accidents and ATV accidents," Newton said.

The new vehicle will make it easier and safer for firefighters and EMS personnel to get to a person in need of rescue and more safely get the patients to ambulances or Mercy Flight helicopters, which often must land far from a rescue scene because they're in wooded areas.

Newton said the vehicle not only serves the practical purposes of search and rescue but will also be a good fundraising and recruitment tool. The department can put it on display and show people what their financial support helps bring to the community and greater search and rescue capabilities will help bring in new volunteers interested in that kind of work.

Beth Kemp picked to lead Business Improvement District

By Howard B. Owens

Beth Kemp, who has been active in the Downtown business community since she and her husband, Brian Kemp, moved their business, T-Shirts Etc., to East Main Street in 2012, has been named the new executive director of the Business Improvement District.

Kemp replaces Laurie Oltramari, who resigned about two months ago, following a recruitment search by the board of directors that brought in potential job candidates from throughout the region.

Kemp thinks the board recognized her passion and commitment to Downtown.

"I feel there is a lot of potential for our Downtown and I would love the opportunity to bring it to the vision that I see," Kemp said. " I feel the board of directors is moving in the right direction. I think I’m able to collaborate nicely with all the organizations and the city. I have great relationships already established to move things forward."

In order to take the job, Kemp resigned from her director position with the Business Education Alliance.

The move seemed like a natural extension of her longtime involvement with the BID, she said.

"I've actually been in love with our downtown since we moved our small business down here," Kemp said. "I jumped on any opportunity I could take to get on all the committees to help with events to help other small business owners, so it just seemed like a perfect fit for me.  It’s everything that I love to do."

Since moving Downtown, T-Shirt's Etc., which started in the Harvester Center, them moved to the former WBTA building at Main and Harvester, before moving to East Main, has continued to grow and is now located on Center Street.

There's been some tension the past year or two between City Hall and the BID, but Kemp things will be smooth sailing going forward.

"For me personally, I’ve never had any tension or problem dealing with the City on any level," Kemp said. "They’ve always been very willing to help me with any event that we’re coordinating. Any committee I’ve been on, we’ve had great relationships. I don’t see that as being an issue at all."

Go to Pin Points page for updated bowling scores

By Mike Pettinella

An 805 series by Jason Quilliam at Mancuso Bowling Center and a 300 game by Jeff Baes at Medina Lanes highlighted league bowling action during the week of Nov. 21.

Click on the Pin Points tab at the top of this page to view the scores.

The next Pin Points column by Mike Pettinella is scheduled for Dec. 8, exclusively on The Batavian, the region's No. 1 source for online news.

Man who killed cat in oven given five years probation

By Howard B. Owens

The 400 Towers resident who admitted to baking his cat to death will serve the next five years on probation, Interim Judge Michael Pietruszka ruled in Genesee County Court today.

The defense attorney for Darren Annovi, Lisa Kromer, argued that jail was not an appropriate sentence for Annovi because he has had persistent mental illness and has suffered from mental health issues since childhood.

Annovi has limited intelligence and did not intend to harm his cat, she said, even though he knew it would die in the hot oven, he apparently thought it would painlessly go to sleep and pass away.

During the term of Annovi's probation he will not be allowed to own any pets.

Wendy Castleman with Volunteers for Animals was hoping for more. 

“I think the concern I would have is the signal it sends to the public," she said. "This is a person who killed an animal in a cruel way and received probation. So does that make it OK for other people?”

Via our news partner, WBTA.

Hawley blasts Cuomo for veto of gaming acts bill that would have helped local fundraisers

By Howard B. Owens

Press release:

 “I’m not sure if the governor is still half asleep on tryptophan from Thanksgiving, but it is unthinkable that he can morally and logically kill legislation that was passed 136 to 8 in the Assembly and 59 to 3 in the Senate. 

“Disrespectful and heartless doesn’t begin to describe Cuomo’s actions toward our tens of thousands of tireless volunteers in charities, churches and fire departments, who donate their time to improving their community and now have their hands tied when it comes to fundraising. Gov. Cuomo’s veto message claims the bill may be unconstitutional but our counsel here at the Assembly already ensured that the legislation was constitutional when it was drafted.”

“The Town of Stafford Fire Department has conducted their car raffle for roughly 70 years and now they are faced with a 300-percent budget increase without their fundraiser. This surely amounts to a tax hike for town residents who are already struggling under the nation’s highest taxes. Upstate fire departments are primarily volunteer and rely on these annual raffles for revenue and to fuel operation costs. Whereas downstate many firefighters are paid so this legislation isn’t as important to them. The veto further exemplifies the Upstate and Downstate divide and why ‘Two New Yorks’ should be put on the ballot.” 

“Actions like this are one of the reasons people are fleeing New York in droves. For a governor who cowardly avoids the Legislature to enact his policy agenda and perpetuates our state’s highest taxes in the nation, you’d think the least he could do was sign a non-controversial bill that helps charities raise money.”

Two applications on GCEDC's agenda for Thursday

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider approving applications for assistance from TJ Sheehan and Empire Pipeline at the agency’s Dec. 1 meeting.

TJ Sheehan, a Massachusetts-based wholesaler, is proposing to convert a former 37,500-square-foot Cargill facility in Alexander to a refrigerated beverage distribution center. 

Empire Pipeline owns and operates a compressor station and pipeline in the Town of Oakfield and is seeking a new 15-year fixed PILOT. All taxing jurisdictions have consented to the new PILOT structure. The project payments will enable water infrastructure installation as part of the Genesee County Phase II improvements, some of which will support the Western New York Science and Technology Advanced Manufacturing Park (WNY STAMP) project in the Town of Alabama.

Finally, the board will consider accepting an application and setting a public hearing for assistance from Yancey’s Fancy in which the cheese-making company will invest $5.5 million to expand and renovate the original Kutter's Cheese facility on Main Street in Pembroke. Yancey Fancy anticipates the project will create up to 15 full-time jobs.

The GCEDC board meeting will be held on Thursday Dec. 1st at 4 p.m. at the MedTech Center, across from Genesee Community College, on the first floor at the Innovation Center, Suite 107. All board meetings are open to the public.

Law and Order: Bethany man accused of sexual abuse

By Howard B. Owens

Jordan Paul Fleming, 28, of East Bethany Le Roy Road, Bethany, is charged with third-degree sexual abuse. Fleming is accused of subjecting another person to sexual contact without that person's consent.

Fawn Lynn Marie Kaczmarek, 28, of Liberty Street, Batavia, is charged with criminal possession of a hypodermic instrument. Kaczmarek was allegedly found in possession of a needle during an investigation by Deputy Matthew Clor.

Photo: GSO prepares for annual holiday concert

By Howard B. Owens

Conductor Shade Zajac leads the Genesee Symphony Orchestra through a rehearsal Monday night at Batavia High School as the GSO prepares for its annual holiday concert at St. Mary's on Dec. 11.

The program includes: 

  • Guests: Emily Helenbrook, soprano, and young artist competition winner Amelia Snyder, alto saxophone
  • Ukrainian Bell Chorale, arrangement by Nancy Strelau
  • Fanfare from La Perri, Dukas
  • Concerto for Saxophone and Strings, Glazonov
  • Christ at the Movies, arranged by Krogstag
  • Emily Helenbrook singing several selections
  • Canadian Brass, arrangement by Custer
  • Sleigh Ride, Leroy Anderson
  • Christmas Festival, Anderson

To purchase tickets, click here.

BHS Drama Club performs Much Ado About Nothing this weekend

By Howard B. Owens

The Batavia High School Drama Club presents three performances this weekend of William Shakespeare's "Much Ado About Nothing," as dramatized by Trish Black Melchan.

Performances are at 7:30 p.m., Friday and Saturday, and at 2 p.m., Sunday, on the stage of the school's auditorium.

Tickets are $8 per adult and $6 for students and seniors.

The Cast:

Messenger of the Court -- Hannah Bluhm
Beatrice -- Serena Strollo-DiCenso
Benedick -- Evan Bellavia
Don Pedro -- Sam Rigerman
Claudio -- Pierce Corbelli
Hero -- Eryn Dunn
Leonato -- Alex O'Brien
Don John -- Cameron Bontrager
Borachio -- McKenna Dziemian
Conrade -- Christian Arteaga
Dogberry -- AnnMarie Georgia
Verges -- Taylor McKenzie
Margaret -- Celia Flynn
Ursula -- Taylor Fonda
Nerissa -- Elise Hoerbelt
Friar Francis -- Olivia Judge
Kinsman -- Alicia Scroger
Kinsman -- Madeline Keenan
Attendant -- Parise Ricks
Attendant -- Alayna Tatarka
Sexton -- Shannon Cervone

Legislators turn down DA's request for top assistant in heated meeting

By Howard B. Owens

When the Genesee County Legislature's Ways and Means Committee meets next week, it will be asked to support a county budget that will pull $500,000 from reserves to help balance the budget and raise property taxes to $10.25 per thousand of assessed value.

It won't return a first assistant DA position to the District Attorney's Office, a decision made on an 8-1 vote by the Legislature that prompted Chairman Ray Cianfrini to call his fellow members, "hypocrites."

While other budget matters were discussed during Monday's meeting, the proposal to provide District Attorney Lawrence Friedman with a first assistant -- a position that hasn't been filled in the department for six years -- dominated the conversation.

Friedman tried to make the case for the position, which he intended to fill with Melissa Cianfrini, Ray Cianfrini's daughter-in-law.

Both Friedman and Ray Cianfrini questioned whether the Legislature's reluctance to fill the position, or, more, it's seeming unwillingness to set the salary at what they believe the position is worth, is driven by gender bias.

Friedman exited the meeting quickly after the overwhelming vote against the position and Cianfrini (who cast the one vote in favor of the job) was out the door of the Old Courthouse as soon as the meeting was adjourned.

The position is necessary, Friedman said, because there should be a second-in-command when he's not in the office, there should be somebody else in the office who can handle budget and human resource matters and there should be somebody trained in other aspects of the DA's job because traditionally the first assistant DA becomes the next DA if the position becomes vacant. Friedman was first assistant before he became DA and Robert Noonan was a first assistant before he became DA.

The lack of a first assistant puts the DA's office at a disadvantage, Friedman suggested, against the Public Defender's Office, which only recently acquired its first top assistant, and also has an investigator and a case worker that the DA's office doesn't have and Friedman has never sought.

The county attorney also has a top assistant, and 60 of the 62 district attorneys in the state, including all of the smaller counties, have first assistants, and those offices often also have investigators.

The first assistant also traditionally covered a couple of specialty law areas, such as civil forfeitures, which can generate revenue for the county, and cybercrime and child pornography -- specialties that have gone uncovered by the Genesee County DA's office since Dave Gann retired six years ago.

Legislator Bob Bausch, one of the Legislators who initially questioned the need for a first assistant in the DA's office, said he wondered if it was necessary in an office where all the ADAs are professionals and in the day and age of digital communications.

"Yes, in this day and age, I am accessible, even on vacation, by email and text messages and I’m not complaining about that, but I believe there should be somebody who is trained and has the experience necessary to serve in my absence," Friedman said.

Legislator Marianne Clattenburg questioned why after five years it was suddenly an urgent need in the DA's office to have a first assistant.

Friedman made the point that after Gann left, he was asked to cut spending in 2011 and again in 2012, so he didn't think it was appropriate then to ask to backfill the position.

"I waited five years and I realize it’s never going to be restored unless I push it," Freidman said to explain why he's asking for the position now.

Other members questioned whether the position was really necessary since the office was able to operate six years without it.

"I guess I wonder why we would be penalized because I’ve tried to comply and not pushed and not asked for more money all the time and I’ve waited and I’ve waited and I just feel it’s time," Friedman said. "You know, you could make us wait forever obviously, but I don’t think we ever should have gone without that position, but we did. In a sense, I feel, we were not forced to, but it was the right thing to do at the time. I hate to see us penalized for doing the right thing back then."

Included in Monday's discussion was the potential salary of the reconstituted position. In his initial request, Friedman asked for an increase in his salary budget of $30,000. County Manager Jay Gsell knocked that down to about $9,000, to bring the salary in line with recommendations of a management salary study completed four years ago.

Friedman argued that Melissa Cianfrini is underpaid relative to her 17 years experience as a litigator and that her salary is only where it should be now because of a grant received through the Department of Social Services to pay for prosecution of welfare fraud cases.

Traditionally, the county has paid a new top assistant what that person's predecessor made, which is how Friedman arrived at the $30,000 above Melissa Cianfrini's current salary.

That seemed to be the pay range Ray Cianfrini was pushing for because the next undersheriff, Greg Walker, will be paid the same $89,000 salary outgoing undersheriff William Sheron made. That is a salary that is about $3,000 more than recommended by the four-year-old management salary report.

Ray Cianfrini said it seemed only fair that if Walker was paid according to what the previous undersheriff made, which will represent a pay cut for Walker, then the new first assistant in the DA's office should be paid what the previous first assistant made. Or they should both be paid according to the recommended salary structure.

At a previous meeting, Cianfrini first raised the concern that the Legislature's potential unwillingness to raise the salary for the position was driven by gender bias.

Friedman brought that subject up again Monday evening.

"All I can say is I hope the potential of different treatment of our office is not based on the gender of the person who is going to be receiving the position," Friedman said.

Bausch was the first to speak up and reject that suggestion, noting that he has three daughters, one who is an attorney, and a wife who worked professionally until she retired.

"With members of the press here, I just want to make this point, because I don’t want to be hassled when I go home," Bausch said. "Don’t accuse me of saying this was an issue based on the sex of the employee, because I’ve got four women who are going to kill me.”

With the 8-1 vote against creating the position, the salary question was moot, and Cianfrini wasn't happy.

"Amazing, absolutely amazing," the chairman said. "It makes me think about whether there are other agendas involved here. Ok, let’s go on to the next … you’re all a bunch of hypocrites as far as I’m concerned.”

Some legislators took the barb in good humor, with Legislator Shelly Stein piping up to ask a question, "Hypocrite Stein, here."

Another topic covered Monday was what if any personnel cuts should be made in the planning department, or how the department might generate revenue to cover its expenses. Director Felipe Oltramari said when he first took over the department, it was short staffed and over the past year, with better staffing, they have been able to catch up on a lot of work.

A cut in staffing might mean the department would need to eliminate some of the technical assistance it provides to towns and villages, which helps ensure consistency and conformity in the application of zoning and code enforcement on projects.  

Stein, among others, suggested that down the road, municipalities might be charged a fee for such support.

It's either that or reduce the amount of sales tax revenue shared with the municipalities.

Bausch and Legislator Andrew Young continued their push for a five-year plan for county government. 

Revenue and expense woes are only going to get worse, so a plan is needed.

Young is worried about a treasurer's report that suggests the county will fall into insolvency within five years unless it stops dipping into its reserve funds to balance the budget.

Bausch believes the county will be forced to build a new jail within five years and the expert advice given to the county is that they will need $18 million in reserves when that project goes out to bond. Currently, the county is about $11 million short and Bausch doesn't see how the county closes that gap on its current course.

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