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Possible house fire reported on South Lake Road, Corfu

By Howard B. Owens

A possible house fire is reported at 8757 S. Lake Road, Corfu.

Pembroke and Indian Falls dispatched. One tanker from East Pembroke requested to the scene. Mercy EMS also dispatched.

There is light smoke showing, according to the first chief on scene.

UPDATE 6:02 p.m.: The fire started in the bathroom and has spread into the ceiling. A second alarm is sounded. (And just as we write this, a chief says the fire is out, second alarm can respond non-emergency. City Fast Team canceled.)

UPDATE 6:06 p.m.: Alabama to fill in at Indian Falls. Darien and Corfu requested to the scene non-emergency. South Lake at Route 5 being shut down.

UPDATE 6:43 p.m.: Responders can go back in service.


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State Police Troop A to participate in 'Driver Sober or Get Pulled Over' campaign

By Howard B. Owens

Press release:

Major Christopher L. Cummings, Troop “A” commander, announces that the New York State Police in Troop “A” are participating in a national impaired-driving enforcement campaign called the "Drive Sober or Get Pulled Over National Crackdown.”

Beginning Friday, Dec. 14, through New Year's Day, more than 20,000 police agencies nationwide are expected to participate.

Around the state, the New York State Police are planning 30 sobriety checkpoints, 10 saturation details, 18 underage drinking details, and 41 additional dedicated local DWI patrols. Saturation details consist of multiple roving units that target a specific area of focus. It is a massive effort supported largely through grants from the governor's Traffic Safety Committee, aimed at preventing tragedies during the holiday season.

There are a number of these concentrated details planned throughout Western New York and they will be conducted for the remainder of December.

“The holiday season is all about the joy of families and friends, but each year the season turns to sorrows for some as a result of traffic crashes resulting from drinking and driving,” said State Police Superintendent Joseph D’Amico. “We are starting our enforcement this weekend with full knowledge there will be numerous office parties and other gatherings in the coming weeks where alcohol may be consumed, and we are asking everyone who drinks to designate a driver or arrange safe transportation in advance to secure the happiness of the season for your loved ones.”

Last year during the holiday enforcement effort, troopers made 526 arrests for DWI, and issued a total of 35,496 tickets.

One day left to get Genesee County photo calendar with membership in The Batavian Club

By Howard B. Owens

People who become annual members will of The Batavian Club by the end of the day tomorrow will receive a 2013 calendar of Genesee County photos by Howard Owens. After tomorrow, no more orders for calendars will be accepted and the calendars will not be available for sale.

You can purchase the calendar for $25, or the better deal is to become an annual member of The Batavian Club by Dec. 15 and receive a free copy as part of your membership.

We're only printing as many copies are as sold (plus a few for gifts) and have been ordered by Dec. 15, so the calendar will not be available as a membership premium after Dec. 15.

Plus, we still have $5 gift certificates available for the first 60 members of The Batavian Club.

The slide show above contains the photos that will be used in the calendar. You can also click the "view gallery" link embedded in the slide show to visit my photography Web site and purchase individual prints, if you like.

To pay by check or credit card, click here to download our membership form and mail your payment to our office (or for credit card payment you can call (585) 250-4118).

Order a 2013 Calendar - $25
Photos of Genesee County by Howard Owens. Some of the photos you've seen on The Batavian, some have not been published on The Batavian before.

Number of Calendars 1 Calendar $25.00 USD2 Calendars $50.00 USD3 Calendars $75.00 USD4 Calendars $100.00 USD  

Annual Single Membership - $50 per year
Includes membership card, bumper sticker and entry into iPod Nano drawing.
Special Offer: Join by Dec. 15 and receive a calendar of Genesee County photos by Howard Owens

 

Annual Household Membership - $100 per year
Includes two membership cards and two bumper stickers and entry into iPod Nano drawing.
Special Offer: Join by Dec. 15 and receive a calendar of Genesee County photos by Howard Owens

 

 

Jury convicts Le Roy man of forcing drunk girl into unwanted sexual act

By Howard B. Owens

A jury convicted a 26-year-old Le Roy man Thursday of a Class B felony that could send him to prison for five to 25 years for getting a teen girl drunk and forcing her into sexual relations.

Alexander J. Kessler, of Myrtle Street, was convicted by unanimous verdict of criminal sexual act, 1st, criminal sexual act, 3rd, sexual abuse, 1st, endangering the welfare of a child and unlawful dealing with a child.

The top count carries a mandatory prison sentence of at least five years.

Sentencing is set for March 5.

Kessler was arrested by Le Roy PD in March and accused of supplying alcohol and marijuana to a girl under age 17 and then subjecting her to sexual contact without her consent and while she was unable to consent.

Assistant District Attorney Kevin Finnell, who tried the case, said the jury found the testimony of the victim both compelling and credible, which was key to winning a conviction.

The trial started Monday and the jury reached a verdict following two and a quarter hours of deliberations.

Law and Order: 72-year-old man accused of using foul language following traffic stop

By Howard B. Owens

Philip Clarke McMahon, 72, of Creamery Road, Bergen, is charged with disorderly conduct. McMahon was stopped at 7:59 a.m. in the area of 8097 Clinton St. Road, Bergen, for an alleged traffic violation by Deputy Jason Saile. McMahon is accused of using obscene language in a public place.

Brian Feurimond, 21, of Saint Raymond Avenue, Bronx, is charged with trespass. Feurimond was allegedly found on College Village property after previously being banned from the housing complex.

David Lavelle Andrews, 25, Wood Street, Batavia, is charged with trespass. Andrews is accused of being at College Village after previously being banned from the property.

Russell Ray Miles, 44, of West Main Street Road, Batavia, is charged with a violation of probation. Miles was released from jail on an unrelated matter and taken into custody on a warrant out of Town of Le Roy Court for an alleged violation of probation. He was jailed on $1,000 bail.

Lemar Jerimain Leach, 27, of Central Avenue, Batavia, is charged with aggravated unlicensed operation. Leach was wanted on a bench warrant related to the listed charge. Leach was jailed on $200 bail.

Two car accident with minor injuries reported at Texaco Town

By Howard B. Owens

One vehicle is on its roof following a two-car accident at Route 63 and Route 20.

A chief on scene reports two people with minor injuries; one southbound lane is blocked.

Pavilion fire and Mercy EMS responding.

UPDATE 8:29 a.m.: One patient being transported to UMMC with minor injuries.

Batavia's three convicted bookies still eligible to receive partial retirement benefits

By Howard B. Owens

Two former city firefighters and a state employee who entered guilty pleas earlier this week on an illegal gambling charge and agreed to resign their government jobs will still receive partial state pensions when they reach retirement age.

City Manager Jason Molino confirmed today that Brian Bordinaro and Gregory Phillips, who worked for the city 18 and 17 years respectively, are still covered by the New York State Retirement System.

He said that's state law and there's nothing the city can do about it.

"In New York you get credit for time served and they can't take that away from you," Molino said.

According to the state's retirement system site, tier 4 employees who stop working for a state or local entity before reaching the 20th year of service are eligible for 1/60th of their final annual salary for each year he or she worked.

Using the calculations from the site, 43-year-old Bordinaro, based on his 2012 salary of $62,000, if he waited until age 62 to retire, could receive in the neighborhood of $18,000 a year, or $1,500 per month.

The 39-year-old Phillips, with a 2012 salary of $57,000, could receive approximately $16,000 annually or $1,300 per month.

The salary data comes from See Through New York. The state's retirement system uses a specific formula to calculate the final annual salary, and there are other factors that go into the calculation, so readers should use the figures merely as a gauge meant to provide an idea of the retirement eligibility that is possible.

The third man who participated in the gambling activity, Lance Engel, 41, worked for the state as a cook at the veterans home in Batavia. He is also part of the retirement system, and with 17 yeas of service and a 2012 salary of $45,000 could receive approximately $12,000 annually starting at age 62.

Rollover accident reported on Judge Road, Alabama

By Howard B. Owens

A rollover accident has been reported on Judge Road, Alabama.

Unknown injuries at this time.

Alabama fire and Mercy EMS responding along with Oakfield fire.

UPDATE 6:19 p.m.: One victim is out of the vehicle. Extrication was not required.

UPDATE 7 p.m.: One person being transported to UMMC with complaint of head and arm pain.

Collins assigned to ag and small business committees

By Howard B. Owens

Press release:

Congressman-elect Chris Collins (NY-27) will serve on both the Agriculture and Small Business committees in the 113th Congress beginning in January. Collins was appointed to the posts by House leadership. The committee assignments are a natural fit for both Collins’ background as a small business owner and the incredibly important role agriculture plays in New York’s 27th Congressional District.

“These two committee assignments make perfect sense as I look to bring my real-world experience to Washington and represent the needs and concerns of New York’s 27th Congressional District,” Collins said. “Agriculture plays an extremely critical role in this district in terms of both the economy and the way of life for many families.

"Throughout the campaign, I visited with dozens of crop and dairy farmers who shared with me their daily struggles of trying to run efficient, profitable farms despite the regulations and burdensome bureaucracy coming out of Washington. One of my very top goals as a member of Congress will be to help farmers have a legal and reliable labor force by pushing for much needed improvements to our nation’s guest worker program.”

Collins is also eager to put his business and job creation background to use as a member of the House Small Business committee.

“Being a member of Congress may be new to me, but I’ve spent my entire adult life in the small business world,” Collins said. “After a 35-year career in the private sector, I am all too familiar with the hurdles the federal government places in the way of small business owners. Small business is the backbone of our economy and as this country continues to climb out of the devastating recession, the federal government needs to focus on making it easier for small businesses to grow and thrive, instead of harder.”

“In addition to fighting every day for what is best for the hardworking families of NY-27, I look forward to being an advocate and a voice for small business owners and farmers not only in our own community, but all across this country,” Collins said.

Collins has traveled to Washington since being elected last month to participate in new member orientation and other important forums for incoming members of Congress. Collins will take the official oath of office on Jan. 3.

City will seek another round of funding after grants paid to rehab 19 homes

By Howard B. Owens

A housing rehabilitation program for moderate to low income homeowners, funded by a community block grant, has been a big success and the city would like to do it again, according to City Manager Jason Molino.

The original plan was to provide rehab assistance to 15 homes in the city with the $400,000 grant, but 19 houses were repaired, according to a report given to the city council on Monday.

"This is part of a bigger effort," Molino said. "Housing rehabilitation is one part of our approach to neighborhood revitalization. While only 19 properties were improved, that's 19 properties that might not otherwise be improved."

The city received 80 inquiries and reviewed 66 applications.

The rehab projects including roof replacement, porch replacement, plumbing and electrical repair and facade improvements.

Individual grants were limited to $24,500, but some homeowners were able to chip in some of their own money and go a bit beyond what the maximum grant would allow.

Jodie Freese administered the program for the city and put out each job to competitive bid. Of the seven contractors selected for work, six were based in Genesee County.

About 96 percent of the $364,522 spent on rehab stayed in the county.

Other costs associated with the program included $14,800 for a lead-based paint consultant and $25,435 for program delivery and administration. The city contributed $4,757 to help cover the costs.

The grant originates with the federal government but is administered by the state's Office of Community Renewal.

"We're very satisfied with the results," Molino said. "It was a great project and hopefully we can do it again in the future."

Photo: Provided by the city of a residence on Hutchins Street.

Genesee ARC faces loss of trash pick up contract with City of Batavia

By Howard B. Owens

Genesee ARC, which has provided trash service to the City of Batavia for nearly 30 years, is facing the possible loss of the contract with a city decision to put the trash collection contract out to bid.

Though Genesee ARC is welcome to be among the bidders, as many as three private firms are expect to place bids.

"I think it comes down to the efficiency and effectiveness of the service being provided to the residents," Molino said on WBTA's Main and Center program this morning. "Our approach moving forward with refuse collection -- and it has been -- is how do we continue to divert refuse tonnage from the refuse stream to the recycling stream, and ultimately lowering costs to the residents."

Genesee ARC employs 30 people, including 20 with developmental disabilities, for trash hauling and recycling pick up. The agency is paid $810,000 a year for the service.

The last contract was signed five years ago.

“This is a competitive bid, no different than any other bid for any other service,” Molino said. “If you can provide that service and you can support it and provide the services we’re requesting, then they can continue to provide it.”

Molino also told WBTA he has received virtually no complaints about the service provided by the ARC.

Donna Saskowski, executive director of the ARC, says the trash contract with the city is vital to the agency.

“Mostly because it goes to our mission of employing people with developmental disabilities here locally in our community and it would mean that 20 individuals with developmental disabilities would be unemployed, as well as the staff – all residents of Genesee County – who would become unemployed," Saskowski said.

Molino expects as many as three private companies will submit bids for the trash contract. Saskowski said the ARC is weighing its options.

Saskowski said that even if ARC no longer provides recycling pick up in the city, ARC will certainly try to keep operating its recycling center on West Main Street Road, Town of Batavia.

"Without the city contract it (recycling) would certainly be a diminishment," Saskowski said. "We are dedicated to recycling and we would certainly look for other opportunities."

Mistlers to donate downtown window display winnings to nominated families

By Timothy Walton

'Tis the time of giving and Ken Mistler and his wife Andrea are in the spirit. The Mistlers' recently won $200 for winning the downtown window display contest. The display, located inside the former Carr's building was sponsored by both Next Level Fitness and City Slickers Bar & Grill.

"I want to thank the downtown (improvement) district and all the judges for choosing our window." Ken Mistler said. "We know there are families out there having a hard time and we want to be able to give back to them and give them a little something extra this holiday season."

If you know someone that is deserving please e-mail CitySlickersHolidayContest@gmail.com with the name of the person and a brief description of why you think they are deserving. Also be sure to include your contact info as well as their's. You can't nominate yourself.

All nominations must be submitted by Dec. 20th. Winnings will be donated in the form of a Save-A-Lot gift card.

"I'm going to review the nominations  and will decide on the most deserving family or families." Mistler said. "I may give one gift card for the full amount or I may give a few."

Black swan rescued near Tonawanda Creek by owner

By Alecia Kaus

Kathy Willard thought her missing black swans were taken by a fox or a coyote when one turned up missing in October and then another on Thanksgiving. After a recent sighting on the Tonawanda Creek near Oliver' s Candies, Willard and her husband, Mark, decided to make the trip from Alexander to Batavia late yesterday to search the area.

Close to dark they spotted the one that had been missing since Thanksgiving.

In eight minutes Willard had it captured and in her car. 

She says the swan recognized her voice and came across the creek quickly to eat. Willard says they like people and will look to stay with other geese and ducks in ponds and creeks.

They don't do well on land and are not very good at walking. This has her nervous about finding two other swans that are still missing.

With winter approaching, many creeks and ponds will freeze over and the black swans will have nowhere safe to hide from predators.

Willard's husband gave her three black swans as an anniversary gift last November. They were purchased from a man in Oakfield who had been raising them. 

They are native to Australia and feed on grass and greens. She says if you spot one leave it alone and contact her at 585-591-2531. She will come by and capture it.

"They know me, and they know my voice," she says.       

Law and Order: Driver in Pembroke accused of DWI

By Howard B. Owens

Debra Jean Bastiano, 55, of South Main Street Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding (55 in 40 mph zone) and possession or consumption of alcohol in a motor vehicle. Bastiano was stopped at 9:31 p.m. Wednesday on Route 5, Pembroke, by Deputy Patrick Reeves.

Thomas Riley Munger, 18, of Glidden Circle, of Hamlin, is charged with unlawful possession of marijuana. Munger was arrested following a report to College Village security of individuals smoking marijuana in a vehicle on College Village grounds.

Two Corfu residents accused of growing marijuana

By Howard B. Owens

Marijuana, both growing and harvested, was allegedly found in the home of two Corfu men Wednesday after members of the Local Drug Enforcement Task Force executed a search warrant at the residence.

Two men were charged with criminal possession of marijuana, a Class D felony.

Jailed on $10,000 bail was Matthew T. Milleville, 26, of Main Road, Corfu, and bail was set at $2,500 for Andrew J. Marlinski, 26, of Main Road, Corfu.

Both men were also charged with a misdemeanor count of unlawful growing of cannabis and Milleville was charged with criminal possession of a controlled substance, 7th.

Investigators report that they found LSD in the residence.

Allegedly found in the residence were more than 30 growing marijuana plants along with harvested marijuana and marijuana paraphernalia.

Back in the saddle - almost

By Howard B. Owens

Most of you have already seen Billie's post from this morning about my taking some time off today for medical tests.

There was a health concern we thought it best to examine, and it turned out to be nothing.

I did have a minor surgical procedure performed and for that reason I can't leave the house tomorrow (Thursday) and need to take it slow for a few days, but the bottom line is the tests were negative and I'm fine.

I will start working again tomorrow, but for tomorrow, just on news I can cover from home.

I do want to say the staff at UMMC today was outstanding -- friendly, cheerful, caring and, most of all, professional.

Thank you for the notes of support from several readers.

Jacquetta Simmons posts $50,000 bail

By Billie Owens

District Attorney Lawrence Friedman just announced that a $50,000 bail bond was posted today with the Genesee County Court on behalf of Jacquetta Simmons.

The 27-year-old Batavia resident was found guilty earlier this year of assaulting 70-year-old Wal Mart employee Grace Suozzi in the store last Christmas Eve.

On Nov. 30, New York Appellate Division Justice Rose Sconiers ordered that Simmons' sentence be stayed pending a hearing on her attorneys' appeal, which argues her sentence of five years in prison is overly harsh considering that Simmons is a first-time offender. This is what made it possible for Simmons' release this afternoon.

Judge Robert C. Noonan signed a release order and she'll be released from custody once it's received by Bedford Hills Correctional Facility where she is incarcerated.

 

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Tags: garage sales

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