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Some raw ground turkey sold at Tops recalled for illness outbreak due to salmonella

By Billie Owens

Press release:

Please be advised that Jennie-O Turkey Sales LLC has recently issued a recall of it's raw ground turkey products that may be associated with an illness outbreak of salmonella. 

Of these products, Tops Friendly Markets ONLY carried minimal quantities of:

  • Jennie-O Italian Seasoned Ground Turkey with a use by date of 10/2/18
  • Jennie-O Taco Seasoned Turkey with a use by date of 10/2/18

This recall does NOT impact any other Jennie-O product currently carried by Tops stores.

Customers who may have purchased these items from our stores will be receiving a call alerting them of the recall. Those with questions re: the recall can contact Jennie-O Consumer Engagement Team at 1-800-621-3505.

Buffalo Community Foundation accepting GC applications for grant money

By Billie Owens

BUFFALO – The Community Foundation for Greater Buffalo is now accepting applications for the 2019 Ralph C. Wilson Jr. Legacy Funds competitive grant process.

Grants will support the following areas of interest:

  • Caregivers
  • Community Assets*

  • Design and Access

  • Youth Sports

Applicants must be a 501(c)(3) nonprofit organization located within the eight counties of Western New York, including: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming.

For Caregivers and Design and Access grants, government agencies also may apply.

*For Community Assets grants, only 501(c)(3) nonprofit organizations that reside in Erie County may apply.

Applications are due Jan. 7.

For more information about deadlines and eligibility, and to apply, please visit

www.cfgb.org/nonprofits/grants/ralph-wilson-legacy/

###

About the Community Foundation for Greater Buffalo
The Community Foundation for Greater Buffalo, a 501 (C)(3) organization, was established in 1919 to enhance and encourage long-term philanthropy in the Western New York community. The Foundation’s mission is: Connecting people, ideas and resources to improve lives in Western New York. For nearly 100 years, the Community Foundation has made the most of the generosity of individuals, families, foundations and organizations who entrust charitable assets to its care. For more information, visit www.cfgb.org.

About the Ralph C. Wilson Jr. Legacy Funds
The Ralph C. Wilson Jr. Legacy Funds were established at the Community Foundation to provide support to four areas that were important to Mr. Wilson: caregivers, community assets, design and access, and youth sports. Endowment funds, like these created to honor Mr. Wilson, are designed to grow over time and provide funding for charitable causes according to a client’s wishes.

Photos: Mid-November snowstorm in Batavia

By Howard B. Owens

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It wasn't a lot of snow that fell overnight but it was wet and heavy and that made it hard to shovel, said Bob Pappalardo, above, who was clearing a driveway on Summit Street this morning.

Paul Lamendala, below, said the snow wasn't much easier to clear with a snow blower on the sidewalks outside of City Church/St. Anthony's on Liberty Street.

The snow is tapering off through early afternoon and Saturday and Sunday are expected to be partly cloudy.

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Accident reported at Route 33 and Donahue Road, Batavia

By Billie Owens

A motor-vehicle accident with three minor injuries is reported at Route 33 and Donahue Road, Batavia. Town of Batavia Fire Department and Mercy medics are responding.

A second ambulance is called in. The roadway is blocked; traffic control is needed.

Police incident reported on Washington Avenue in the city

By Billie Owens

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Multiple city police units are on scene and officers have guns drawn after a gun was thrown out of a car at 317 Washington Ave. No further information.

More T/K.

UPDATE 5:24 p.m.: According to Sheriff's Office Sgt. Andrew Hale, a suspect vehicle in a string of recent burglaries "all over" was spotted by a marked Sheriff's patrol car traveling on Washington Avenue with two occupants. Sheriff's Investigator Christopher Parker, working patrol, turned around and followed the vehicle, which turned into a driveway randomly in an attempt to elude the Sheriff's unit. (By coincidence, it happens to be the residence of County Manager Jay Gsell.) One of the occupants threw out a 22-caliber semi-automatic pistol in an attempt to ditch the weapon. It was never pointed at anyone and no threat was made. The occupants did not attempt to flee. Two brothers, one age 19 and the other age 14, were transported to the Sheriff's Office for questioning. If charges are brought, more information will be released by law enforcement, Hale said.

Driver accused of killing teen in hit-and-run appears in court while attorneys file motions in legal case

By Howard B. Owens
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      Jennifer Serrano

The defense attorney for Jennifer Serrano, the 48-year-old woman accused of killing an 18-year-old Hinckley resident in a hit-and-run accident in Darien on Aug. 11, will be given a chance to challenge any statements obtained by police from her during the investigation that led to her arrest.

Judge Charles Zambito granted the motion today by Frank LoTempio for the hearing, known as Huntley Hearing, which is pretty standard in criminal cases.

LoTempio will be able to question the officers involved in obtaining statements from Serrano to determine whether or not her rights were violated and whether the statements were legally obtained.

Serrano was allegedly the driver of a vehicle that struck and killed Connor Lynskey after the Jason Aldean concert at Darien Lake. Lynskey and a group of people were walking on Sumner Road back to the Darien Lakes State Park, where they were camping, when he decided to run ahead to catch up with a friend. He was reported missing later that night. His body was found by a deputy the next day.

About a half-hour later, Serrano was stopped and charged with DWI but she did not mention the possible prior accident and was only connected to the accident the next day through police investigation.

At the DWI stop, where she reportedly almost hit a patrol vehicle, Serrano may have tried to talk the deputy into letter her go, according to police reports.

Serrano appeared in court shackled alongside LoTempio and co-counsel Jack Sanchez dressed in gray sweatpants and an orange sweatsuit hoodie jacket.

She is being held on $100,000 cash bail or $200,000 bond while her case heads toward a possible trial.

LoTempio also filed a supplemental motion challenging the search warrants used in the case. He had filed the motion after recently receiving copies of the warrants and the statements used to obtain them. District Attorney Lawrence Friedman will be given time to file a written response before Zambito rules on the motion.

Driver who caused serious injury accident in Corfu pleads guilty to vehicular assault

By Howard B. Owens

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A 24-year-old Oakfield resident involved in a serious injury accident in Corfu in April is facing up to six years in prison after pleading guilty this afternoon in County Court to aggravated vehicular assault.

Jacob J. Szumigala also agreed to plead guilty to DWI as a misdemeanor and aggravated unlicensed operation.

As part of the plea deal, Szumigala must also plead guilty in Town of Oakfield on a pending DWI case.

Szumigala is out of jail pending sentencing at 1:30 p.m. Jan. 15 and must abide by court instructions and the agreement or statutory enhancements could be added to his guilty plea, which would mandate a five- to 15-year prison term.

There is no minimum prison term and Szumigala could receive a probationary sentence if he abides by the terms of the plea agreement.

On April 18, Szumigala was driving a 2008 Hyundai Sonata with North Carolina plates on West Main Street Road through Corfu when his car rear-ended a Honda driven by James M. Hoskins, of Corfu. Hoskins' car then struck a westbound pickup truck. Hoskins was seriously injured in the accident.

In court today, Szumigala admitted that his BAC exceeded .18 percent at the time of the accident and that he was driving recklessly.

A month earlier, Szumigala was arrested by State Police for allegedly driving drunk on Lockport Road, Alabama. That case is still pending in the Town of Oakfield Court.

Photo: File photo of April 18 accident.

Winter weather advisory in effect from 4 p.m. until 7 a.m.

By Billie Owens

A winter weather advisory is in effect from 4 p.m. this afternoon (Nov. 15) until 7 a.m. Friday, Nov. 16, according to the National Weather Service office in Buffalo.

Snow is expected. Total snow accumulations of 3 to 6 inches expected across Orleans, Monroe and Genesee counties.

The snow may mix with sleet this afternoon and evening. The snow may mix with freezing rain this afternoon and evening across portions of Northern Erie and Genesee counties with less than a 10th of an inch of ice accumulation.

Plan on snow-covered and slippery roads. Periods of snow, sleet or freezing rain will result in slippery roads and limited visibilities. Slow down and use caution while driving.

Jankowski takes Second Place Semi-pro in 3-Gun competition

By Billie Owens

Submitted photos and press release:

Eugene Jankowski Jr., of Batavia, finished Second Place Semi-pro and 11th overall in the practical division and qualified for the final shoot-offs at the 2018 3-Gun Nation nationals.

He is president of the Batavia City Council and a retired lieutenant with City of Batavia Police Department.

Held in Clinton, S.C., more than 100 competitors from all over the country used three guns (pistol, modern sporting rifle and shotgun) to complete eight challenging natural terrain courses of fire over two days.

Competitors were required to safely engage multiple targets for the quickest time while navigating various obstacles and unusually wet, muddy weather conditions.

3GN Nationals, presented by NRA Sports, brings shooting challenges, camaraderie, shoot-offs and sponsor engagement to 3 Gun Nation members.

Law and Order: Montclair Avenue woman accused of forcing kid to smoke pot

By Billie Owens

Heidi L. Harder, 43, of Montclair Avenue, Batavia, is charged with criminal use of drug paraphernalia in the second degree and endangering the welfare of a child less than 17. Harder was arrested following an investigation into the report of drug activity being conducted in the presence of a child and forcing that child to smoke marijuana. The incident allegedly occurred at 6 p.m. on Sept. 9 on Montclair Avenue. Harder was arraigned in Batavia City Court on Nov. 13. The case was investigated by Batavia Police Officer Jason Ivison.

Robin L. Williams, 33, of Jackson Street, Batavia, and Michael L. Jackson Jr., 37, of Maple Street, Batavia, are both charged with endangering the welfare of a child. They allegedly allowed and encouraged their respective juvenile daughters to engage in a physical altercation. The incident allegedly occurred at noon on July 3 on Thorpe Street in Batavia. The adult defendants were issued appearance tickets and were due in Batavia City Court on Nov. 13. The cases were handled by Batavia Police Officer Matthew Wojtaszczyk.

Chiyannon J. Bundy, 31, of 98 Lake St., Le Roy, was arrested Nov. 11 following a reported disturbance call in the Village of Le Roy. Bundy was charged with one count each of burglary in the second degree, a Class C felony, and criminal mischief in the fourth degree, a Class A misdemeanor. It is alleged that during the disturbance, Bundy knowingly and unlawfully entered a residence with the intent of damaging property and damaged the property of another. Bundy was arraigned and released under the supervision of the Genesee Justice Program.

James E. Soggs III, 24, of North Spruce Street, Batavia, is charged with two counts of endangering the welfare of a child and criminal mischief. He was arrested at 10:15 a.m. on Nov. 11 on Thomas Avenue in Batavia after a domestic altercation at his girlfriend's residence. He was arraigned and jail on $2,500 cash or bond and was due in Batavia City Court on Nov. 12. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Arick Perkins.

Christopher A. Ridgeway Jr., 26, of Bridgewood Road, Midlothian, Va., is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; unlicensed operation; and operation without headlights. He was arrested at 1:17 a.m. on Nov. 7 on West Main Street in Batavia following a traffic stop for driving without headlights. He posted bail and was issued an appearance ticket along with several traffic tickets. He was due in Batavia City Court on Nov. 14. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Nicole McGinnis.

Andrew D. Vicary, 27, of East Main Road, Stafford, is charged with DWI, unsafe backing and following to closely. Vicary was arrested at 4:04 p.m. on Nov. 1 on East Main Street in Batavia following an investigation into a three-car accident at the intersection of East Main Street and Swan Street. He was arraigned in Batavia City Court and released on his own recognizance. He was due back in city court on Nov. 2. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Cynthia May Mack, 51, of South Swan Street, Batavia, is charged with second-degree criminal contempt. She was arrested at 10:24 a.m. Nov. 14 on South Swan Street in Batavia following a probation house check. She was allegedly found to have a house guest whom she was restricted from having any contact with due to a complete stay away order of protection. She was jailed on $2,500 cash or bond. The case was handled by Batavia Police Officer Jason Ivison.

Jessica L. Holtz, 35, of Williams Street, Batavia, is charged with petit larceny. It is alleged that she stole $3.48 worth of merchandise from Save-A-Lot. She was arrested at 7:30 p.m. on Oct. 31 and processed at Genesee County Jail. She was issued an appearance ticket and is due in Batavia City Court on Nov. 20. The case was handled by Batavia Police Officer Kevin DeFelice.

Santa Day is Saturday at Oliver's Candies, will help support Habitat for Humanity

By Billie Owens

Press release:

Habitat for Humanity of Genesee County teams up with Oliver’s Candies, located at 211 W. Main St. in Batavia, for Santa Day from 10 a.m. to 2 p.m. on Saturday, Nov. 17.

Come visit Santa, shop for sweets and enjoy a petting zoo! There will also be hot dogs for sale! A hot dog, bag of chips and a soda can be purchased for $3.

You can also help build Habitat’s next home by “Sponsoring a Stud.” Sign your name or write a message on a 2 in. x 4 in. for a donation of $1 and it will be added to Habitat’s current project at 6 Manhattan Ave. in the City of Batavia.

All purchases and donations benefit Habitat’s mission to provide decent, affordable housing to families in the community. As always, Habitat thanks you for your support.

School crossing guard needed ASAP in Village of Elba

By Billie Owens
From Norman Itjen, Village of Elba mayor:
 
The Village of Elba is looking for a School Crossing Guard. Our current crossing guard has accepted a full-time job, we are only a couple of days away from having no crossing guard.
 
This job would require someone to be available before and after school to assist children crossing the street.
 
Anyone interested should call (585) 757-6889 or stop by the Village Office at 4 S. Main St. in Elba.

Le Roy Ambulance Service offers free blood pressure screenings

By Billie Owens

Press release:

According to the American Heart Association 46 percent of Americans have been diagnosed with high blood pressure.

High blood pressure threatens your health and quality of life. Left untreated, it can cause stroke, heart failure, vision loss, heart attack, kidney disease, and sexual dysfunction as well as a variety of other health problems.

Le Roy Ambulance Service recognizes these risks, and is now offering free blood pressure screenings to members of the public. We will check your blood pressure for free as often as you’d like and track it over time to monitor for changes.

If you’d like to take advantage of this free service, simply stop into the Le Roy Ambulance base between 9 a.m. and 9 p.m. and our on duty crew will be glad to assist you. It is located at 1 Tountas Ave. in the Village of Le Roy.

If they do not answer the door, they are likely out handling a 9-1-1 call and we would ask that you stop back at a later time. As always, if you have an emergency please dial 9-1-1 immediately.

Le Roy Ambulance is proud to support preventative health measures to work toward our goal of a happy, healthy community.

With NY-27 still undecided, McMurray blames Collins for being shut out of new member orientation

By Howard B. Owens

Press release:

Nate McMurray has issued the following statement after Congressional Republicans, apparently at the request of indicted Chris Collins, blocked McMurray from attending the New Member Orientation today.

"It is customary for candidates in close races to attend New Member Orientations so that they are best prepared to serve in the event that they win. After traveling to Washington to train alongside my peers, including others in contested races, I was informed that Rep. Gregg Harper, chairman of the Committee on House Administration, had personally denied my participation even after House Democratic leadership continued to advocate on my behalf.

"I am very disappointed by Congressional Republicans catering to Chris Collins’ demands, who is under indictment on 11 felony counts and spent his campaign lying and hiding from his constituents. I came to D.C. to equip myself to hit the ground running and better serve the people of Western New York once the results are official.

"It is shameful that Collins is continuing his efforts to diminish the will of the voters and call this race before all votes have been counted. As usual, he is actively undermining the future of this district and our country. I am grateful to Democrats from the House Administration Committee for having me at the Democratic events during the orientation and offering to come to the district to provide me and my team with all of the training, support and information we will need when we win.”

Genesee County part of statewide STOP-DWI efforts next week

By Billie Owens

Press release:

Genesee County STOP-DWI Coordinator Matt Landers announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving.

On Thanksgiving weekend, millions will hit the roads eager to spend time with family and friends. It’s one of the busiest travel times of the year, and unfortunately more people on the roadways means the potential for more vehicle crashes.

In a combined effort to stop impaired driving, prevent injuries and save lives law enforcement officers across New York State will take to the roads. The statewide STOP-DWI Crackdown efforts start on Wednesday, Nov. 21st and will end on Sunday, Nov 25th.

Research shows that high-visibility enforcement can reduce impaired driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

The STOP-DWI Thanksgiving Weekend Crackdown is one of many statewide enforcement initiatives promoted by STOP-DWI NY and the Governor’s Traffic Safety Committee. Throughout the remainder of the year the Statewide STOP-DWI Crackdown Campaign will also target the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

You can help to make a difference by Having a Sober Plan! Download our mobile app – “Have a Plan” and you will always be able to find a safe ride home www.stopdwi.org/mobileapp

Impaired driving is completely preventable. All it takes is a little planning. Have a safe and happy Thanksgiving Weekend!

Strong opposition voiced at DOT meeting over plans for roundabout in Alabama

By Virginia Kropf

(Officials from the State DOT at the Alabama Firemen’s Recreation Hall Wednesday night. From left are Jillian Button, real estate specialist with Region 4 Office of Right of Way; Paul Spitzer, regional traffic engineer; Frank Billittier, regional design engineer; Jordan Guerrein, public information officer with the DOT; and Wesley Alden, assistant regional design engineer.)

ALABAMA – The State Department of Transportation held a public information meeting Wednesday night at Alabama Firemen’s Recreation Hall to address residents’ concerns about plans to build a roundabout at the intersection of Route 77 and Ledge Road.

It was clear that 100 percent of those who spoke at the meeting are strongly opposed to the project, for a variety of reasons.

The DOT’s public information officer Jordan Guerrein said Alabama Town Supervisor Janet Sage requested the meeting to inform the public where the project stands and to take comments from local residents.

The project was initiated to address a high rate of severe accidents at the site, Guerrein said.

Between April 1, 2013 and May 31, 2018, there were 56 crashes in the area, 31 of them at the intersection. One involved a fatality. Another fatality occurred prior to 2013.

The DOT said they have considered alternative solutions and have implemented minor safety enhancements, such as upgraded signs and modified striping, but propose a modern roundabout as the best solution to the problem.

Residents were all vocal about their opposition to installing a roundabout in a 55-mile per hour speed zone at the bottom of a curve and hill. Instead there were suggestions of speed bumps on Ledge Road, a four-way stop, better lighting at the intersection, cameras, increased traffic enforcement and a signal light.

Several residents with homes at the intersection were very concerned about how close the roundabout would bring traffic to their house (one within 30 feet), the increased noise and exhaust fumes from vehicles having to slow for an extended distance and trucks accelerating to make it up the hill. 

Richard Rudolph, of Akron, who was a former Pembroke highway superintendent, said he plowed that stretch of road for more than 20 years.

“When it was snowy and slippery, trucks had a hard time getting up the hill,” Rudolph said. “Now you’re going to put an obstruction in the road and expect an 80,000 pound truck to stop on ice.”

Several voiced objections to the $1.6 million price tag to taxpayers.

“Putting in a traffic light would be a whole lot cheaper and quicker,” one resident commented. 

There were several suggestions from the crowd to reduce speed limits from Indian Falls to Alabama.

Paul Spitzer, regional traffic engineer, replied that setting lower speed limits typically results in more accidents.

“Reducing speed limits does not reduce accidents,” he said. “Reducing speeds lowers accidents, and roundabouts lower speed.”

He said the maximum speed in the roundabout would be 20 miles per hour. 

(The State DOT shared this aerial photo at left of the intersection of Route 77 and Ledge Road in the Town of Alabama during Wednesday's public information meeting. It  shows the close proximity of homes on three of the corners. At right, this design drawing shows the proposed roundabout and where a temporary road would be built to reroute traffic west on Ledge Road during construction.)

The engineers explained the roundabout would be elliptical in shape. They would meet with each of the four affected homeowners, whose properties will be appraised. They will be paid the highest market value for the portions of their land that would needed to construct the roundabout. No structures would be razed. The roundabout would come closest to the home on the southeast corner -- within 30 feet of it.

Construction of the roundabout would close the intersection for four to six weeks, engineers said. Closure will be planned to minimize impact to the school districts and local farming community.

Traffic would be detoured down routes 5 and 63 and a temporary roadway at the intersection will be used to maintain access for businesses, residents and emergency services. 

Several asked if the project was a done deal or if there was still an opportunity to stop it. Annette Johnson, who lives in the Town of Alabama, is circulating petitions opposing the roundabout.

Each person who attended Wednesday’s hearing received a comment form which they can fill out and send to the DOT in Rochester.

Guerrein said the DOT will carefully read all the comments before moving forward. The next planned step would then be an environmental hearing in early 2019 to accept any further comments. The design phase would be completed in the summer of 2019, with construction scheduled to begin in the spring of 2020.  

Roundabouts are proven to substantially reduce the severity of accidents, Alden said. Typically, they provide an 80-percent reduction in serious accidents, he said.

The final decision on building the roundabout will be made by the chief engineer of the State DOT in Albany, said Frank Billittier, regional design engineer.

(Photo below: Wesley Alden, assistant regional design engineer with the State DOT, takes comments from residents opposed to the construction of a roundabout at Route 77 and Ledge Road in the Town of Alabama during a public information hearing Wednesday night.)

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