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No trash haulers planning to offer service to Batavia residents will offer totes

By Howard B. Owens

If you're a city resident who thought you might get totes for your garbage and recycling starting June 1, you will be very disappointed to learn that none of the haulers planning trash service for Batavia will offer totes.

Not even Waste Management, one of the largest refuse collection companies in the nation, will offer totes in Batavia.

Genesee ARC, who had the contract with the city for garbage collection for 28 years, will offer the same bag and can service the agency has always offered.

Jeff Gardner, starting up Gardner Disposal, will pick up bags and cans, and PSI, based in Alabama, will pick up bags and cans.

Or you can drop off your own bags at Scofield's transfer station in Stafford or the Town of Batavia's transfer station.

But a tote that you can wheel to the curb? Forget about it.

Waste Management will charge $24 a month for up to a dozen 30-gallon bags. The quarterly rate, with fees and fuel charges, will come to $92 to $95.

Genesee ARC will charge $21.95 a month for curbside pick up of cans and bags, or you can buy 10 bags at a time for $30, or ARC will offer a drop-off service at the West Main site is 10 cents per pound.

The new kid on the block, Gardner Disposal, will be locally owned and operated and at least to start. The new owner, Jeff Gardner, will also be the garbage man picking up the trash.

He plans to charge $20 a month for up to seven 13-gallon bags or up to five 30-gallon bags. (Gardner offers more information on his Web site.)

PSI is $25.50 per month for six bags a week.

All services will offer free recycling pick up, but again, no totes.

As for bulk items, prices will vary and picks must be scheduled with your contracted hauler.

Here's a list of companies and phone numbers offering service to Batavia residents

Gardner Disposal: (585) 343-4626
Genesee ARC: (585) 343-1123 or 585-343-4203
PSI Disposal, Inc.: (585) 599-3255
Waste Management, Inc.: (800) 333-6590

Transfer stations to drop off refuse, recycling and bulk items:

Scofield Transfer and Recycling: (585) 343-7373
Town of Batavia Transfer Station: (585) 343-1729

Man loses control of car, somehow doesn't hit trees, but does hit neighbor's house

By Howard B. Owens

There was a string of miracles today when an older, handicapped driver backing out of the driveway of his Clinton Street home lost control of 2010 Toyota sedan and slammed into his neighbor's home.

Somehow, he avoided hitting his own fence. The car shot through a stand of trees and into the gap between two trees that was no wider than his car. Nobody, including the driver was injured. And while his neighbor's house was badly damaged, it wasn't knocked off its foundation and should be repairable.

"As you can see it's a pretty tight fit," said Officer Frank Klimjack. "It's amazing that he didn't hit a tree or his own fence or anything like that and he came down here and hit the house. Fortunately, nobody's hurt and we can fix the house and fix the car and we should be all set."

Skid marks in the lawn indicate the man's car became airborne just before it hit the garage.

The man, who doesn't have full use of his right leg, said the normal right-side gas pedal in his car is blocked and he has a gas peddle on the left side of his brake. Somehow, he missed the brake peddle and stepped on the gas. The car accelerated so fast he had no time to react.

He said all he was thinking about was how to stop apply the brake and stop the car. He didn't even see where he was going.

The man was trapped in the car and city fire responded to assist him. He waited in the vehicle until a family member showed up with his motorized wheelchair.

The garage needed to be stabilized before the car could be moved.

(Initial Report)

Big rig and car collide on eastbound Thruway

By Billie Owens

A semi-truck and car collision is reported on the eastbound Thruway at mile marker 386. Possible serious injuries. Mercy Flight is on ground standby. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 10:47 a.m.: The car is well off the roadway. Traffic is not blocked. State Police on scene requesting the fire department to cancel its response. A dispatcher notes "that's interesting." Fire command orders all units to continue to the scene.

UPDATE 10:50 p.m.: The car is in the center median.

UPDATE 10:56 a.m.: The truck driver is OK and so is his truck, except for some damage to the tires.

UPDATE 11:05 a.m.: The driver of the car is a 41-year-old female who did not sustain serious injuries. She is being transported to UMMC with chest pain.

Driver backs into closed garage, can't get out of the car

By Billie Owens

A driver backed into a closed garage at 39 Clinton St. and is not injured, but is unable to get out of the car. City firefighters are responding along with Mercy medics as a precaution.

UPDATE 10:44 a.m.: There is serious structural damage. A code enforcement officer is en route. A second vehicle, which was already parked in the garage, is also damaged.

UPDATE 10:53 a.m.: Code enforcement is on scene.

UPDATE 10:54 a.m.: Mercy medics are back in service. The patient was a sign-off.

Woman previously arrested in meth case accused of drug dealing

By Howard B. Owens

A Bergen woman who was swept up in late 2009 in a series of meth-lab-related busts has been arrested again on drug-dealing charges.

Kari L. Riggi, 24, of Buffalo Road, Bergen, is accused of selling illicit pills to an undercover agent.

She was arrested Wednesday on a sealed indictment for alleged criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and criminal sale of a controlled substance, 5th.

Following arraignment in Genesee County Court, Riggi was jailed without bail.

The investigation was conducted by the Local Drug Enforcement Task Force with assistance from the District Attorney's Office.

Riggi was one of five people arrested in December, 2009, in connection with an alleged meth lab in Le Roy. She was subsequently turned over to federal authorities for prosecution. We don't have information yet on the eventual disposition of that case.

UPDATE: From the indictment. Riggi is accused of selling adderall to an agent on Oct. 16 while at 82 Gilbert St., Le Roy.  She is also accused of selling vicodin on Oct. 17 to an agent while at a location on Linwood Road and Route 5, Le Roy.

UPDATE: The U.S. Attorney's office tells us that Riggi entered a guilty plea to "possession of a listed chemical knowing to have reasonable cause to believe that the listed chemical would be used to manufacture a controlled substance." She was sentenced May 20 to three years probation.

ARC announces pricing plan for trash pick up in Batavia

By Howard B. Owens

Genesee ARC told WBTA today what the agency plans to charge local residents for garbage pick up starting June 1, when the city will stop providing taxpayer-subsidized garbage collection.

Traditional curbside service is $21.95/mo, self-directed bag service is 10 bags for $30 and drop-off service at the West Main site is 10 cents per pound.

No word yet on how to sign up for the service.

WBTA reports that an ARC representative said the price levels will help the agency remain solvent and continue its programs and mission.

For 28 years, Genesee ARC had an exclusive contract with the City of Batavia for curbside trash and recycling collection, but all of that changed when the city decided to take measures to get the cost of trash collection out of property tax bills.

After a public protest over a proposed automated system using totes with a contract for garbage collection going to an Arizona-based company, the council voted to get the city out of the trash business completely.

Starting June 1, property owners will be responsible for contracting with a priviate hauler or taking their garbage to a transfer station. Other contractors planning to service the city are Gardner Disposal, PSI Disposal and Waste Management, as well as transfer stations Scofield Transfer and Recycling and Town of Batavia.

Here's a list of contractors and phone numbers provided by the city in a letter to residents:

Gardner Disposal: (585) 343-4626
Genesee ARC: (585) 343-1123 or 585-343-4203
PSI Disposal, Inc.: (585) 599-3255
Waste Management, Inc.: (800) 333-6590

Transfer stations to drop off refuse, recycling and bulk items:

Scofield Transfer and Recycling: (585) 343-7373
Town of Batavia Transfer Station: (585) 343-1729

James Carmichael, local businessman, former Assembly representative, dies at age 88

By Howard B. Owens

One of Genesee County's former Assembly representatives and a well-regarded local businessman, James Carmichael, died Monday at Buffalo General Hospital. He was 88.

A World War II veteran, Carmichael served in the Assembly from 1964 to 1966.

He was owner of the Carmichael Agency in Batavia for 60 years.

During his time with the Army Air Corps, Carmichael served in Japan and Burma. He was an active member of Oakfield Community Bible Church.

For the complete obituary, click here.

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Missing Batavia teen found safe and brought home

By Billie Owens

From Batavia Police Det. Richard Schauf:

Missing 13-year-old Chelsea Darnley Emondt-Fauel was located in the City of Niagara Falls. She has been returned to her guardian safely. Thank you to all agencies that assisted in her location and safe return.

Driver said deer scared him off the road, causing accident that led to power outage in Pembroke

By Howard B. Owens

A driver early this morning said he was spooked by a deer, causing him to lose control of his vehicle, strike a utility pole and cause a power outage in the Pembroke area.

Theodis Charles Hill III, 22, of 193 S. Main St., #26, Batavia, was westbound on Route 5 near Lover's Lane at 12:55 a.m. when his car traveled off the south shoulder of the road and into a drainage ditch.

The vehicle overturned and struck a National Grid utility pole.

The accident cause power lines to catch on fire and firefighters had a difficult time extricating Hill, though he reportedly suffered only minor injuries.

He was transported to ECMC by an ambulance with an arm injury, though he was listed as going into shock at the time of his transport.

Hill was issued a citation for alleged failure to keep right.

(Initial Report)

Batavia PD responding to Family Dollar for report of a customer with a weapon

By Howard B. Owens

Batavia PD is responding to Family Dollar for a report of a person possibly with a weapon.

The patron has reportedly bumped into some customers and told them to be careful because he has a gun.

UPDATE 11:15 a.m.: Officers are with the person and the situation is under control.

Jobs data for Genesee County improved in February

By Howard B. Owens

There were fewer people listed as unemployed and more jobs in Genesee County for February, according to the latest numbers from the NYS Department of Labor.

The jobs report pegs the local unemployment rate at 9 percent, down from 9.5 percent in January and a four-tenths of a percentage drop from February 2012.

Meanwhile, the number of jobs reported in Genesee County went up from January to February by 100 positions. There were 28,500 jobs reported, which is also an increase over February 2012 when the number was 29,300.

The state's unemployment rate is 8.8 percent, and the nation's 8.1, both improvements over a year ago.

Orleans County's unemployment rate improved from January to February, 11.2 percent compared to 12.3 percent, but still off from the 10.9 percent of a year ago.

In Wyoming County, unemployment went from 11.2 percent down to 10.8 percent month-over-month.

For Livingston County, unemployment is at 10.1 percent, down from 10.3 percent a month earlier.

Law and Order: Man accused of bringing marijuana into the jail

By Howard B. Owens

Edward Thomas Zaremski, 62, of Lockport Road, Oakfield, is charged with promoting prison contraband, 2nd, and unlawful possession of marijuana. Zaremski allegedly possessed a small amount of marijuana upon entering the jail at 12:35 a.m., Sunday.

Kayo Takeshita, 23, of Batavia Stafford Townline Road, Batavia, is charged with menacing, 2nd, and harassment, 2nd. Takeshita is accused of displaying a knife in a threatening manner during a fight at College Village. A stay away order of protection was issued in the matter.

James William Caccamise, 81, of Asbury Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and leaving the scene of a property damage accident. Caccamise allegedly backed into a building at GCC at 11:16 p.m., Tuesday, and later drove into the yard of a residence in Le Roy. The investigation was handled by Deputy Joseph Corona.

Lauren Elizabeth Charache, 33, of Myrtle Street, Le Roy, is charged with forgery, 2nd. Charache allegedly signed the name of a deceased woman on a contract.

Car into pole on Route 5, minor injuries, but lengthy extrication process expected

By Howard B. Owens

A car has hit a pole in the area of Route 5 and Lovers Lane, Pembroke, and while the driver is conscious and alert and appears to have only minor injuries, he's trapped in the vehicle, which has rolled on its side.

The driver is standing in the vehicle and the roof will need to be removed to get him out.

A chief said it will be a lengthy extrication process. The vehicle needs to be stabilized for extrication to continue at this point.

Route 5 is shut down to westbound traffic at Route 77.

Pembroke and Indian Falls fire departments on scene. Corfu Fire handling traffic control.

Note: I'm going back to bed, so don't expect any further updates tonight. If this is a Sheriff's Office call, there will likely be a follow-up accident report at some point.

UPDATE 1:26 a.m.: OK, an update. The wires on the pole are now burning. Crews warned of the danger above them while they work and a truck is being moved. National Grid had already been notified. Also, the vehicle was reportedly off the road for some distance and managed to avoid hitting other poles prior to hitting the one it did. There's quite a debris trail leading to the accident, according to a deputy.

UPDATE 1:29 a.m.: National Grid has a 10-minute ETA and requests that crews stay away from the wires. A chief says just the connecting arm that appears to be burning now, not the wires.

City GOP looking for council candidates in Batavia

By Howard B. Owens

Press release:

The City of Batavia Republican Committee is seeking City Republicans interested in running for the position of City Council At-Large.

This position is a four-year term on the City Council and is a seat that represents the entire City of Batavia. Letters of interest can be e-mailed to City Republican Chairman Matt Landers at lmlanders@yahoo.com by April 12, 2013.

Here is your chance to serve your community! If you want to get involved in making Batavia a better place to live and work then we want to hear from you!

GCEDC must find that tourists will flock to Dick's Sporting Goods in order to offer tax breaks to COR

By Howard B. Owens

Batavia Towne Center -- the location of Target, Bed Bath & Beyond, Michael's, Petco and Radio Shack -- is a tourist destination.

It became a tourist destination in 2007 when the board of the Genesee County Economic Development Center voted to proclaim it a tourist destination and Mary Pat Hancock, chair of the Genesee County Legislature, gave the designation her stamp of approval.

Without the designation, the GCEDC could not have awarded -- under state law at the time -- some $4.5 million in tax breaks for COR Development Company to build the retail shopping center.

The law lapsed in 2008, but is back in force this year, just in time for COR to request another $1 million in tax incentives to help lure Dick's Sporting Goods to Batavia.

The Buffalo News reported on the revival of the law last week, noting that it's the intention of the governor's office to crack down on tax incentives for purely retail projects.

Those retail projects were magnets for controversy because critics said they did not generate new wealth within the region, served a strictly local clientele and favored one business over others that were fighting for a piece of a shrinking local retail market.

Among the exceptions to the law banning tax incentives for retail projects is the declaration that the project is, or is part of, a "tourist destination."

The statute is pretty clear that Albany wants these incentives going only to retail projects that will likely "attract a significant number of visitors from outside the economic development region ... "

Who decides if a project is a tourist destination? According to the Govenor's Office, it's purely a local decision.

It's up to the GCEDC board to conduct a public hearing on the topic. After the public hearing, the board votes. If it votes to declare the project a "tourist destination," there's one last step, and that's for the chair of the governing agency -- in this case, Mary Pat Hancock of the County Legislature -- to approve the designation.

There's no other process to confirm the designation nor appeal the decision.  There's nothing in the statute that allows another authority to overrule the local decision.

For her part, Hancock seems quite convinced that Batavia Towne Center is a tourism destination.

Hancock noted that Batavia Towne Center is right next to the Clarion Hotel, with its new water park, conveniently located near the Thruway and there are lots of hotels in the area. Those hotels bring families to town for hockey tournaments and soccer tournaments, and business travelers might bring their families along these days.

And those people, she said, will want convenient shopping in the area.

"We would certainly like to see that empty building (the former Lowe's location) put to good use and see something there that brings people to the area," Hancock said. "It's conveniently located for people who come here and with the price of gas, it's wonderful that people can come here and mix business with pleasure."

Kelly Rapone, head of tourism for the Genesee County Chamber of Commerce, wanted to emphasize that she's supportive of the proposed project at Batavia Towne Center, but admitted that she's never considered the shopping center a tourism destination and the chamber has never promoted -- as far as she can recall -- the shopping center as a tourism location.

One measure in New York of whether a location is a tourism destination, as established by the promotion campaign "I Love NY," is whether a signficant number of people from more than 50 miles away will travel to the location.

That definition is used in awarding grants to tourism projects, Rapone said.

While the shopping center is good at pulling people from neighboring GLOW counties to Batavia, she isn't sure Batavia Towne Center would measure up to I Love NY's criteria.

"(Batavia Towne Center) is definately an asset to have when people are deciding where to stay while traveling," Rapone said. "They're not going to stay in a hotel when there's nothing around."

She doesn't think, though, that people are going to travel to Batavia and stay in a hotel just to shop at Dick's.

We asked Hancock about a remark by the owner of Barrett's Batavia Marine, Mike Barrett, that tax breaks to COR is like "using your own tax money to put yourself out of business," and Hancock said she certainly hopes that isn't the case.

She doesn't think that's GCEDC's purpose, she said.

"The GCEDC has done great work with our present businesses and works with our businesses to help them expand or move to different locations," Hancock said. "Part of the GCEDC's mission is to retain business and retain jobs and they've been doing a really good job."

LATER THIS WEEK (we hope): Details on the 2007 financial package that helped create Batavia Towne Center.

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By Lisa Ace

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Offer expires April 30, 2013. Must mention posting on the The Batavian at time of service. Offer applies to four new tire purchase. For aspect ratios below 50 and rim diameters 19” and higher additional mounting and balancing charges apply. Alignment includes tow in adjustments only. Most vehicles. Cannot be combined with any other promotional offers, discounts or coupons.

There's still time for you to volunteer for the Day of Caring on May 8

By Howard B. Owens

Some people volunteer on a daily or weekly basis. Other people would like to volunteer but fear they don't have the time to make a regular commitment to any one cause.

If you're in that second group of people mark May 8 on your calendar. It's a day just about custom made for you.

You can spend the day making a meaningful contribution to your community without becoming burdened by an ongoing commitment.

May 8 is United Way's "Day of Caring," when community volunteers -- both the ongoing kind and the one-day kind -- come together to help local charities and civic groups complete necessary projects.

"At the core and essence of it, that's what it's about," said Genesee County United Way Director Erik Fix. "You take a day, one day, and you do what you can to give back to your community for a day. Folks want to make a difference in this economy and this is the day to do it."

Last year, 304 Genesee County residents participated in the Day of Caring, which was another new record, and at least that many, if not more will be needed again this year for the nearly 50 projects lined up by the Genesee County United Way.

Many of the projects are much like projects in previous years -- spring garden clean up at UMMC, downtown clean up for the BID, and general clean up at the Office for the Aging -- and while those are important projects, there's some new ones this year that are drawing extra attention.

Chief among them is the installation of new equipment at Kiwanis Park for the new inclusive playground.

Only about 50 volunteers are needed for that project, Fix said, and there's already more demand than spaces.

And since all projects are important, Fix hopes volunteers can get steered to any of the other projects.

That may be building raised bed boxes for the new community garden at the Batavia Youth Bureau, creating a vegetable garden at Eagle Start Housing, fixing bikes for ARC at Adam Miller or helping Habitat for Humanity start a new housing project.

Other choices might be doing work for Genesee ARC, the Town of Bergen, Notre Dame High School, the YMCA and the YWCA, the Gillam Grant Community Center, the Peace Garden, Go Art or the Elba Historical Society.

The range of projects is so broad, every volunteer is likely to be able to step forward and help with something of interest.

"These projects are the ones that agencies don't have the time or manpower to get done," Fix said.

The usual big groups of volunteers, from businesses such as Chapin and civic groups such as Rotary and Kiwanis, have already filled out their volunteer forms, but in the next few weeks, Fix said he expects the smaller groups and single individuals will step forward.

Usually about this time in the process, he said, two or three people who aren't affiliated with a larger organization will say to each other, "hey, let's do this," and they come forward.

The United Way can be reached at (585) 343-8141.

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