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Second member of alleged meth ring busted in 2009 enters guilty plea in federal court

By Howard B. Owens

Another of the five defendants rounded up July 9, 2009, as part of a local and federal investigation into the distribution of methamphetamine in Genesee County entered a guilty plea today in federal court.

Andrew Chapman, 42, of Batavia, admitted to conspiracy to possess with intent to distribute, and to distribute,  methamphetamine.

He faces a possible maximum sentence of 20 years in prison, a $1 million fine, or both.

Chapman received the meth he sold from Donald G. Vanelli II, 49, of Le Roy, who is serving more than 17 years for his role in the sale and distribution of meth locally.

Also charged as a result of the investigation by the Local Drug Enforcement Task Force, the FBI and the DEA, were David H. Cohen, 51, of 918 Goodman St., Rochester, Donna L. Boon (aka Donna McAuley), 46, of 3658 Batavia-Oakfield Townline Road; and Kerry A. Ball, 53, of 7202 Meadville Road, Basom.

The status of Ball's case was not released, but the case against Cohen is still pending.

Boon's charged related to the initial arrest were later dismissed and Boon proclaimed her innocence, but she was subsequently re-arrested.

Chapman will be sentenced Sept. 17.

Local real estate investor purchases old St. Nick's Club with hope of getting another club going

By Howard B. Owens

Jeremy Yasses really misses those Friday afternoon lunches with his dad at St. Nick's, and after a while, he figured the only way he was going to get them back was if he bought the building on South Swan Street, Batavia, and provided the help to reopen it.

Today, Yasses closed on his $40,000 purchase, which included the contents of the building.

At 6 p.m., June 24, Yasses will host a meeting at the St. Nicholas for anybody who is interested in talking about forming a new club.

So far, he said, many former St. Nick's members have expressed interest in getting the club going again.

Yasses has also tried contacting former Elks Lodge members about sharing the space, but so far the response from the Elks has been cool.

"I'm willing to give free rent or a free lease for some period of time," Yasses said. "I really want to get the club going again. If that doesn't happen, well, OK, I have other people interested in the building."

Yasses said there are doctors interested in the space, or it might work for a veterinarian's office, and of course with all the space, the kitchen and large parking lot, it would also work for a restaurant. Whatever the space becomes, Yasses said, it needs to fit the zoning for the sake of the residential neighbors.

Recently, Yasses renovated a house at 38 Montclair St., Batavia, that he purchased out of an estate sale. Prior to that, he renovated a house on Ellicott Street that he purchased at a city tax lien auction.

"I've gotten only positive feedback (from city officials) on the properties I'm going to flip or renovate," Yasses said.

He said the initial feedback from the city has been supportive of his purchase and plans for the St. Nick's building.

Officially, if the new club is formed, it can't be known as the St. Nicholas Club. That business name has too many judgements against it and there are too many vendors that won't work with that business any longer.

Still, Yasses is hopeful the club -- if not in name, at least in spirit -- can be revived.

"I was a member, my dad was a member and my granddad was a member," Yasses said. "My idea is if we can get 300 members -- I believe they had 500 or 600 members when they shut down -- get 300 members to give $100, that's 30 grand. That will get the place going."

Law and Order: Man accused of driving wife's car without permission

By Howard B. Owens

Matthew Charles Olcott, 33, of Overlook Drive, Batavia, is charged with unauthorized use of a vehicle and aggravated unlicensed operation. Olcott is accused of taking his wife's car and using it without permission. Olcott allegedly does not have a NYS license.

Lisa A. Fleming, 44, of Batavia, is charged with criminal contempt, 2nd, disobeying a court order and acting in a manner injurious to a child under 17 years of age; Anthony D. Alexander, 38, of Batavia, is charged with criminal contempt, 2nd, disobeying a court order. Fleming and Alexander were arrested by State Police as part of the same criminal investigation. The incident was reported at 1 p.m. on May 23. Fleming was arrested June 6 and Alexander was arrested Tuesday. No further details released.

Batavia man reportedly assaulted in Attica while trying to break up fight between girls

By Howard B. Owens

A Batavia man tried to break up a fight between two girls in Attica on Tuesday night and wound up in the hospital with a head injury after the boyfriend of one of the girls allegedly hit him.

Grayson Stock, 20, was found semiconscious by EMS personnel and transported to an area hospital where he received stitches to his mouth and back of his head.

Taken into custody and charged with assault, 3rd, was Brandon B. Harrington, 17, of 2719 Humphrey Road, Varysburg.

The incident was reported at 10:30 p.m. at Main and Prospect streets, Village of Attica.

According to the Attica PD, Harrington hit Stock once and Stock fell backward hitting his head on the sidewalk.

Stock was initially transported to Wyoming County Hospital and later transferred to ECMC for observation.

Harrington was jailed on $1,000 bail.

GCEDC announces incentives for four area business expansions

By Howard B. Owens

Genesee County Economic Development Center has approved the following projects for development incentives:

Batavia Animal Hospital (Perry Vet), 3699 W. Main St. Road, Batavia, is constructing a new 6,300-square-foot facility behind its current building. The project will receive a sales tax exemption of $76,960, a mortgage tax exemption of $16,250 and a property tax exemption of $80,994. Perry Vet is investigating $1.733 million in the project. The project will create five new jobs and retain 11 jobs.

Merrill Lynch, 24 Masse Place, Batavia, is moving into new office space. Merrill Lynch is receiving a $13,360 sales tax exemption. The company's total investment is $867,000. The project will create 16 new jobs.

Genesee & Mohawk Railroad - GVT, 100 Evans St., Batavia, is adding a 2,800-square-foot headquarters building next to a 31,000-square-foot transload warehouse constructed in 2008 for $2 million. The headquarters project will receive $13,600 in sales tax exemption, $3,750 mortgage tax exemption and $42,762 property tax exemption.The company is investing $360,000. The project will create two new jobs and retain 19.

Le Roy Motors, 7000 W. Main Road, Le Roy, is expanding its current facility by 2,400 square feet and renovating its interior. Le Roy Motors will receive $33,600 sales tax exemption, $9,375 mortgage tax exemption and a $29,631 property tax exemption. The company is investing $785,000. The project will create three new jobs and retain 35 jobs.

Hawley participates in annual Dairy Day celebration in Albany

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) recently attended the Assembly Minority’s annual Dairy Day celebration in the Well of the Legislative Office Building in Albany.

Hawley joined event sponsors Assembly Minority Leader Brian Kolb and Assemblyman Ken Blankenbush, as well as state agriculture representatives and members of New York’s dairy industry, to celebrate the benefits of dairy products to the health of the state’s economy and its citizens.

The event featured an award ceremony with Super Bowl champion, former New York Giants running back and Syracuse University alumnus Joe Morris, spokesperson of the NFL “Fuel Up to Play 60” program. He presented a plaque to students from a New York elementary school for their commitment to the Fuel Up to Play 60 program, which stresses the importance of consuming nutrient-rich foods, such as dairy products, and exercising at least 60 minutes each day.

“Every year, I circle Dairy Day on my calendar because I take such pride in promoting the myriad of positive impact our local dairy farmers have on all New Yorkers,” Hawley said. “From the healthy food products they offer our families to the economic support they provide the state through job creation and revenue, dairy farmers are a vital component of our identity as New Yorkers.

"Especially in Western New York, we reap the benefits of our dairy farms each and every day, and I encourage all New Yorkers to support their local farm. Not only is it good for the economy’s health and your own health as well, but the dairy products in New York simply cannot be beat!”

According to the New York Farm Bureau, there are approximately 35,000 farms in New York and 99 percent are family owned.

New York State is home to nearly 5,700 dairy farms and 610,000 cows. In 2010, New York dairy cows produced 12 billion gallons of milk, or 20,807 gallons per cow. Dairy and animal production in New York provided $2.39 billion value of production to farmers in 2010, while distribution and processing is approximately $10 billion statewide and $50 billion regionally on an annual basis.

New York State is currently fourth in the nation in dairy production.

Assemblyman Hawley is a past president and 35-year member of the New York Farm Bureau. He formerly owned and operated Hawley Farms and has served on the Assembly Committee on Agriculture for the entirety of his six-and-a-half years in state government.

Car accident by Wendy's in the city

By Billie Owens

A motor-vehicle accident is reported by Wendy's restaurant off Main Street. There are no injuries, but it is completely blocking traffic. Police are on scene.

Winners for the Bontrager Auction and Hardcor Audio contests

By Howard B. Owens

This morning I realized, gee, we haven't picked the winners yet of our two most recent Facebook contests.

So, here they are:

Sam Tambe wins the Bontrager Auction content. Sam wins a $100 gift certificate to be redeemed at an auction.

Joshua Martin wins the Hardcor Audio contest. Joshua wins a Parrot Minikit from Hardcor.

Both winners became eligible by Liking the respective businesses on Facebook and then registering for the contest.

Business owners: What to boost the number of followers you have on Facebook? Contact Lisa Ace at 250-4118 and ask about our Facebook contests.

Neighbor rescues two dogs from burning home on River Road, Pavilion

By Howard B. Owens

Two dogs on River Road were rescued today from a home on River Road, Pavilion, after a fire ignited in the back of the manufactured home while the tenants were not home.

Steven Barnhardt, a neighbor, opened the unlocked front door, and even though the ceiling had black smoke rolling over it, entered the house, let the dogs out of their cages and then yelled to see if anybody was in the house.

"There was black smoke and flames coming out the back window and as soon as I got out, it started coming out of the roof," Barnhardt said.

The fire appears to have started in a rear bedroom and was possibly related to an electrical issue, though no appliances were believed to be running at the time the fire started.

Besides the dogs, two cats were saved, though as of 6 p.m., one was still missing.

While the dogs ran off from the fire scene, they returned later and were reunited with their owners.

The residence is owned by Matthew Janis and his tenants were Cory Harkness and Chelsea Zeluff.

Pavilion Chief Paul Dougherty said that even though the response was quick and most of the house was saved, given the type of construction, it's probably a total loss.

"It's probably easier to move another manufactured dwelling here than reconstruct this one," Dougherty said.

The property is valued at $61,000.

Dougherty said the black smoke from the fire was visible from some distance away and when chiefs arrived on scene, there was fire coming from two back windows and from under the eaves.

The biggest difficulty firefighters faced was the flimsy nature of the floor of the manufactured house.

"A hole was already burned through the floor in one of the rooms," Dougherty said. "Fortunately, there is no basement, so the first guy or two just kind of settled through the floor and they were able to to get themselves out and continue with the suppression."

Mutual aid at the scene included Stafford, Bethany, Batavia's Fast Team, Le Roy, Alexander, Lester, York, Perry, Perry Center and Wyoming.

Dougherty said due to the lack of public water in the area, Pavilion needed the assistance of several of the surrounding department's tankers and crews to help with the water supply.

Genesee County Emergency Services assisted at the scene and with the investigation.

Deputy Brad Mazur is assisting in the investigation.

Police unsure how man fell from seventh-floor window at 400 Towers

By Howard B. Owens

Batavia PD investigators are still unsure how a 51-year-old resident of 400 Towers fell from a seventh-floor window to his death Tuesday afternoon.

Police officials believe William Hastings was alone in his apartment at the time of his fall.

He fell through the screen of the window, partially tearing it away.

"I was in the parking lot and seen the man falling so I ran over immediately," said 22-year-old Richard Smith. "I called 9-1-1 as I was running. I was the first to get to him. It was a pretty bad thing to see. I'm a little shaken up. It's a hard thing to see. I've never witnessed anything like that in my life."

Dispatchers received Smith's call just before 2:55 p.m.

Medical personal were on scene less than a minute after Smith's call, but there appeared to be little chance to revive Hastings. Less than five minutes after the initial call, personnel were covering Hastings body.

Smith said when he reached Hastings the man didn't appear to be breathing and Smith believes Hastings had already succumbed to the trauma of the fall.

Coroner Robert Yungfleisch arrived a short time later and pronounced Hastings dead.

Lt. Eugene Jankowski said detectives were conducting a thorough investigation, looking into all possible reasons Hastings might have fallen from the window. They were gathering evidence and interviewing witnesses and people who knew Hastings.

'It's still too early to say what happened," Jankowski said.

Hastings was taken to the Monroe County Medical Examiner's Office for an autopsy. 

Autopsy findings have not yet been released.

Jankowski said Hastings was married, but he didn't know if his wife lived with him at 400 Towers.

The facility is run by the Batavia Housing Authority and contains 148 apartment units occupied by both senior citizens and people with disabilities.

Child who inhaled cinnamon being taken to UMMC

By Billie Owens

A 10-year-old child is being taken to UMMC after reportedly inhaling cinnamon. The child lives in Attica and an ambulance from there is meeting up with Mercy medics, who will make the drive to the hospital on North Street in the City of Batavia.

UPDATE 6:58 p.m.: The child inhaled a small amount of cinnamon (either a teaspoon or a tablespoon) on a dare. Inhalers were then used but there was still difficulty breathing. The child is resting comfortably and will arrive at UMMC shortly.

House fire on River Road, Pavilion

By Billie Owens

A house fire is reported in Pavilion at 11039 River Road. Fire departments from Pavilion, Stafford, Bethany are responding along with the city's Fast Team. Le Roy firefighters will stand in at Pavilion's hall. A lot of smoke is showing. The location is off Route 63.

UPDATE 5:23 p.m.: More help is on the way from Alexander, Lester, York, Perry, Perry Center and Wyoming.

UPDATE 5:28 p.m.: Fire police from Le Roy are called to the scene for traffic control. Medics are also called, including some from Livingston County. The home is unoccupied.

UPDATE 5:36 p.m.: National Grid is called. Firefighters are trying to shut off the natural gas line now. Several minutes ago, a person described as the homeowner was said to be running up to the house on foot.

UPDATE 5:38 p.m.: At least a portion of the fire has been knocked down.

UPDATE 5:46 p.m.: As firefighters continue to battle the blaze, they are also on the scout for two cats and one kitten that live inside the house.

UPDATE 5:48 p.m.: One of the cats was seen running from the scene and the homeowner has been told this.

UPDATE 5:52 p.m.: With the exception of medics, all responders from Wyoming and Livingston counties are put back in service.

UPDATE 5:53 p.m.: The fire is out. Crews are outside the structure now, rehabing the scene. Alexander and York are also put back in service. Investigators can start their investigation.

UPDATE 6 p.m.: Stafford and Perry are released from the scene. The American Red Cross is called to provide assistance to the residents.

UPDATE 6:04 p.m.: As for the cats, one remains unaccounted for, one is hiding under the house and refuses to be coaxed out. One was rescued after it scampered away from the tumult.

UPDATE 6:08 p.m.: National Grid is on location to shut off the power.

UPDATE 7:35 p.m.: Pavilion back in service.

Man falls out of seventh-story window at 400 Towers

By Billie Owens

A man reportedly fell from a seventh-story window at 400 Towers, located at 400 E. Main St. in the City of Batavia. The patient is on the ground, unresponsive. City Fire Department, police and Mercy EMS are responding.

UPDATE 3:03 p.m.: City fire is back in service. A person on the outside who saw the man fall is being interviewed by authorities. The man who fell has no identification on him. The window screen was not removed, rather, it tore open when he fell.

UPDATE 4:29 p.m.: The victim of the fatal fall has been identified by police as William Hastings. He lived at 400 Towers and was born in 1960.

Cornell warns of 'worst outbreak in years' for armyworm

By Howard B. Owens

Armyworms are on the march and Cornell Cooperative Extension is alerting area farms and residents to be on the look out for the potentially destructive pest.

The worms come out in mass every four or five years, but Jan Beglinger, agriculture outreach coordinator for Cornell in Batavia, said this season's infestation is "one of the worst outbreaks we've seen in years."

The worms munch on grasses and pose a threat to wheat and corn.

Farmers are well aware of armyworms and how to deal with them, Beglinger said, but that doesn't mean they won't have their hands full.

Typically, farmers need to spray infected areas and a border area of 20 or 30 feet to knock back an infestation.

Residents with large lawns should be on the look out for infestations, too. The worms eat grass, but don't eat roots, so lawns should recover; however, homeowners should look in to a lawn-specific pesticide formulated to kill armyworms to help control the infestation.

If a homeowner lives next to a farm and sees an infestation moving toward a field, the courteous thing to do is notify the farmer so he can possibly take protective action, Beglinger said.

Armyworms have been reported from Erie County to Monroe County and every place in between, Beglinger said.

"It's a cyclical insect that comes out every four to five years, but it seems a lot worse this year than it normally is," Beglinger said.

Resources:

Law and Order: Car passenger found to allegedly have 2-foot tall marijuana plant in bag

By Howard B. Owens

Clifford Leo Regimbal, 33, of Oakfield, is charged with criminal possession of marijuana and unlawful growing of marijuana. Regimbal was a passenger in a vehicle that was stopped at 6:57 p.m. Monday on Route 77, Basom, and allegedly found in possession of a bag containing more than 25 grams of marijuana and a 2-foot tall marijuana plant. Also charged with unlawful possession of marijuana was Ashley Nicole Janikowski, 28, of Oakfield. The traffic stop was initiated by Depty Patrick Reeves.

Jamie R. Bachorski, 18, of Webber Avenue, Oakfield, is charged with endangering the welfare of a child. Bachorski is accused of smoking marijuana with a child May 29.

Amber Michelle Hufsizer, 21, of Newark, is charged with petit larceny. Hufsizer is accused of stealing merchandise valued at $90.89 at Darien Lake Theme Park.

Brad C. Doward, 22, of 10 Hall St., Batavia, is charged with criminal trespass, 2nd, criminal mischief, 4th, harassment, 2nd, and endangering the welfare of a child. Doward allegedly unlawfully entered the residence of a friend, damaged property, had physical contact with the resident, all while in close proximity to a child. The incident was reported at 4:30 p.m. Sunday, and Doward appeared at police HQ at 12:30 p.m. Monday.

Mark W. Nassivera, 21, of Rochester, is charged with criminal mischief, 3rd. Nassivera was taken into custody by State Police in connection with an incident reported at 10:03 p.m. Sunday in Alabama. Nassivera was jailed on an unspecified amount of bail. No further details available.

David L. O'Neil, 22, of 101 Elmwood Parkway, Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. O'Neil was stopped by State Police at 12:29 a.m. Saturday in the Town of Pembroke.

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