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Possible vehicle fire reported on Vine Street

By Howard B. Owens

A possible vehicle fire is reported on Vine Street, across from John Kennedy School.

Batavia fire is responding.

UPDATE 9:40 p.m.: No fire. Smoke from oil leaking on a manifold.

Possible shed fire on Porter Avenue in the city

By Billie Owens

A possible shed fire is reported on Porter Avenue. City fire is responding.

UPDATE 7:15 p.m.: A firefighter on scene reports it's "a charcoal grill just getting started." The city is back in service.

Dog found malnourished showing signs of recovery, now in foster care

By Howard B. Owens

Nina Kelso certainly has her supporters -- friends and family members who have argued passionately on Facebook and on The Batavian that those who judge her and heap insults upon her and even threaten her don't know the full story.

She would never abuse an animal and her dog was ill not from mistreatment, they say, but because he unintentionally ate something toxic.

Darren Dewitt:

Don't judge this one too soon. I've known Nina for years and something is off with this whole deal. My understanding is that the dog was dying and instead of having the vet put it down she let it live out its days at home with the family. The court has the final word.

Lynda Kelso:

Can't help it when a DOG does what DOGS do and gets into something and it makes them sick. ... He got sick and was vomiting. How do u loose weight when u get sick? He was weak from what he ate. They were trying to get food in there right down to baby formula.

Nina Kelso's case began at 6:08 p.m., Feb. 4, when Sgt. Chris Camp and Officer Jamie Givens responded to a report on Hutchins Street of a malnourished dog.

When they arrived they spotted a canine inside that, according to the officers, was emaciated and couldn't stand on its own.

Dr. Fran Woodworth of State Street Animal Hospital was contacted to assist with the health care of the animal.

Woodworth said she arrived at the aninmal hospital around 7:30 and found a dog that was severally malnourished.

"He was emaciated and mentally he was dull and disoriented," Woodworth said. "I don't know how much of that was starvation or, the officers told me that his owner said he had gotten into potentially toxic substances, cigarette butts and incense oil or something along those lines, and that was why he was in shape in that he was in and had lost all that weight in just a couple of days. I don't know if he had gotten into some toxic substances, but he was definitely mentally not normal. He was just very depressed."

The dog had an intestinal infection, pressure-point sores and was blind.

Animal Control Officer James Sheflin began his investigation into the case the morning after the dog was brought to State Street. He took pictures and examined the dog and consulted with the District Attorney's Office on possible appropriate charges against Kelso (she was charged with torturing or injuring an animal, failure to provide sustenance, and owning/harboring an unlicensed dog).

"Honestly, he's the worst shape I've ever seen," Sheflin said. "The sores were over all his entire body. His feet were swollen two or three times what they should have been. His nails were overgrown. He literally didn't have enough strength to stand up. All he could do was lay down."

State Street staff monitored the dog's progress, unsure during those first 12 hours or so if the dog was going to make it.

But after 12 hours, the dog showed enough progress to warrant continued treatment.

Soon, he gained enough strength to stand up and he showed an interest again in eating.

The dog was brought in on a Tuesday and by Saturday it was in good enough health to be transferred to a foster family through Volunteers for Animals.

It's impossible to tell for sure, Woodsworth said, whether the dog ate anything toxic.

"Toxins are typically very short-lived," Woodsworth said. "They do their damage and then there is no sign of them in any blood test. They are gone. There was nothing in the blood work that was tagged as a sign of a toxin."

There's no indication the dog was brought to a vet for treatment prior to Camp and Givens picking them up, Woodworth said.

"He was overloaded with intestinal worms," Woodworth said. "There were pressure sores on all contact points, particularly his elbows and hind legs from being recumbent for so long. He hadn't eaten in weeks and was weak. That kind of emaciation doesn't just happen overnight.

"As far as I know," Woodworth added, "the owner never sought out veterinary help. What the dog needed was better nutritional care and parasite control and better health maintenance."

Woodworth isn't sure why the dog is blind or if the blindness will last. It's a problem in the dog's brain, not with the dog's eyes, she said.

That could be caused by a toxin, she said.

His mental state, depression, could also be the result of a "toxic insult," Woodworth said.

If the dog did ingest something toxic, veterinary treatment sooner would have been advised, she said.

"In fairness to her, the problems that I saw in the dog were primarily starvation and being recumbent too long," Woodworth said. "I didn't find any injuries inflicted by being kicked or being abused violently in that manner."

Woodworth is hopeful about the dog's improving health even if the prognosis isn't yet settled. The dog is in a good place now and that can only help him recover.

"It's too early to say if he will recover his sight," Woodworth said. "He retained his blindness after getting back on his feet, but he's acting normal otherwise. It was a joyful thing for us to see him on his feet and be interested in food by the next morning. He became rather attached to one of our technicians and began begging her for treats. He really showed some dramatic improvement in a short amount of time."

The Batavian tried to contact Nina Kelso through Facebook earlier today so she could tell her side of the story and have not received a response.

UPDATE: Nina Kelso contacted me about an hour after this story was published and said she prefers not to comment while her legal case is pending.

PHOTO: Batavia PD.

Car crash on Ross Street

By Billie Owens

An accident involving two or three vehicles is reported at 24 Ross St. and it's blocking traffic. Unknown injuries. City police are responding. Arguments are reported. "It's that time of day," says the dispatcher.

DEC trying to trap pair of eagles in Alexander so movements can be tracked and studied

By Howard B. Owens

A reader wants to know why she's seen Department of Environmental Conservation agents at a location in the Town of Alexander setting up a trap and watching it.

Kenneth Roblee, a senior wildlife biologist with the DEC's Buffalo office, said the DEC is trying to capture a mating pair of bald eagles that are known to range in the area so radio transmitters can be attached to the birds.

He and a partner have been trying to trap the eagles since early December.

The eagles are of interest to the DEC because their range includes the windmill farms in Orangeville.

"We want to collect information on their home range," Roblee said. "We want to track their movements in relation to the Orangeville wind project. We know the birds are in the area. They are nesting closest to a wind project as any pair of eagles in our region. We want to know how they interact with the turbines, if they approach them at all, and how the turbines might effect their habitat."

It's an important project, he said.

"The information would really help out our eagle management and protection program," Roblee said.

The trap contains bait and hidden netting. The DEC agents watch the trap and if the eagle lands and the timing seems right, little rockets fire and ensnare the eagle in the netting.

They almost got an eagle trapped on the 30th (of January), but it didn't quite work, so the agents are still trying.

The eagles are smart. The agents have to set the trap up in the dark of night. If one wire or rope or anything else isn't positioned as exactly how the eagle would remember it, the eagle will avoid the area. If the agents are spotted, the eagles will avoid the area.

Roblee asked that we only provide a general vicinity of where the DEC is setting up the trap. He said he and his associates try to keep the neighbors informed about what they're doing, but it's best if people stay away from the area because the eagles are so skittish.

The agents are using either a blind or staying in their vehicle while watching the trap.

The trap, by regulation, must be monitored at all times by two agents, and there also must be two agents on hand to handle the eagle if captured.

The DEC officials are being assisted by two experts in eagle capture, a woman from Watertown who has previously captured 14 bald eagles and another who has done a good deal of work over the years with bald eagles.

"It's a waiting game," Roblee said. "It's frustrating, but it's important information to have."

Photo: Provided by Roblee of an eagle with bait at a location.

Police seek ID of driver whose car struck a teen on State Street

By Howard B. Owens

Batavia PD is looking for the public's assistance in identifying the driver of a hit-and-run vehicle that struck a 17-year-old Batavia resident Feb. 5 on State Street.

The youth was transported to UMMC with non-life-threatening injuries.

The vehicle is described as a black, two-door sedan with a white license plate and the letter "D" at the start of the plate number.

The vehicle was occupied by two white individuals.

The accident was reported at 7:45 a.m. on State near Fairmont Avenue.

Anyone with information that may assist in the investigation can contact Batavia PD at (585) 345-6350 or through the City’s Web site located at http://www.batavianewyork.com/police-
department/webforms/report-suspicious-drug-or-criminal-activity.

Photo: Snow ripples off Richley Road

By Howard B. Owens

I started to call these snowdrifts, but they look more like the ripples left in sand as the tide retreats at a beach.

We are more than half way through winter.

The photo was taken off Richley Road, Darien, this morning.

Car crash at Oak and Richmond in the city

By Billie Owens

A two three-vehicle accident is reported at Oak Street and Richmond Avenue and it is blocking traffic. A female is complaining of chest pain. City fire is responding along with Mercy medics and traffic control is needed.

UPDATE 1:12 p.m.: A female driver with complaints of chest pain is being taken to UMMC for evaluation. City Engine 11 is back in service.

Nik Wallenda to perform twice daily shows at Darien Lake this summer

By Howard B. Owens

Press release:

With decades of experience captivating audiences around the world, aerialist and high-wire artist Nik Wallenda will spend the Summer of 2014 high above Darien Lake. Heralded around the world as “King of the High Wire,” Nik’s high-flying stunts have landed him in the Guinness Book of World Records eight times and his 2012 walk across Niagara Falls made him a household name across the globe.

Darien Lake and presenting sponsor Tim Horton’s Café and Bake Shop announced today that the internationally renowned daredevil will star in “Nik Wallenda: Beyond the Falls,” featuring the Wallenda Family. The 60-minute thrill spectacular will be produced by Nik himself, exclusively for Darien Lake.

Showing twice daily in the 1,800-seat Galaxy Theatre from June 23 through Sept. 1st (dark Mondays), the show will mesmerize audiences with performances from the world's best aerialists and stunt performers and climax with the breathtaking Wallenda Family Pyramid finale. The amazing stunt features Nik, his wife Erendira, and other members of the Wallenda family walking untethered, high above the stage.

Wallenda’s involvement won’t stop at the Galaxy Theater. Nik Wallenda Productions, Inc., will be crafting additional entertainment for Darien Lake, including a short film chronicling the history of the Wallendas, an interactive tight-rope training academy with hands-on instruction for park guests, and “pop up” performances throughout the park from the cast and crew.

All performances will be free with park admission and for Darien Lake Vacations guests, with preferred seating and VIP packages sold on a limited basis. 2014 season-pass holders will receive exclusive show offers and event invites throughout the show's run. Discounted early-bird season passes are available at Tops Friendly Markets and online at www.darienlake.com.

“The level of entertainment Nik will bring to our guests this season is unprecedented,” said Vince Nicoletti, director of Marketing at Darien Lake. “This truly will be an incomparable entertainment experience.”

“My family and I are thrilled to be back in the area and spending our summer at Darien Lake,” said Nik Wallenda. “With more than a million people coming to the park every season, it’s the perfect location for our act and we can’t wait to get started.”

Law and Order: Pavilion man accused of driving other people's vehicles without permission

By Howard B. Owens

Jason M. Babbitt, 40, of Pavilion, is charged with two counts of unauthorized use of a motor vehicle and aggravated unlicensed operation, 2nd. Babbitt was arrested following a complaint investigated by State Police of a possible stolen vehicle from a location in Covington. At about the same time the initial complaint was reported, a vehicle was found in a ditch on Taylor Road, near the location of the reported stolen vehicle. Following further investigation by troopers and Wyoming County Sheriff's deputies, Babbitt was identified as the suspect and they allege he drove another vehicle without that owner's permission. Babbitt was jailed on $5,000 bail.

Robert W. Plantiko Jr., 39, of Thorpe Street, Batavia, is charged with endangering the welfare of a child. Plantiko is accused of not providing proper care to a child in his custody. Plantiko was jailed on $100 bail.

Christina M. Cadieux, 53, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and no or inadequate headlamps. Cadieux was stopped at 7:18 p.m. Feb. 4 on Pearl Street by Officer Felicia DeGroot.

Norman E. Bastedo II, 39, of Pringle Avenue, Batavia, is charged with unlawful operation of an ATV on a public highway and depositing snow on a public street. Bastedo was charged following an investigation into an accident reported in February on Pringle Avenue, Batavia.

Kimberly A. Beagle, 45, of Park Place, Perry, is charged with petit larceny. Beagle is accused of shoplifting from Tops.

Joseph C. Parnell, 19, of East Main Street, Batavia, is charged with criminal nuisance, 2nd. Parnell is accused of allowing an underage drinking party to gather at a residence. Also charged, Benjamin D. Polk, 21, of East Main Street, Batavia. Bradley L. Rodda, 19, of East Main Street, Batavia, is charged with maintaining a premises for unlawful conduct. Joshua J. May, 19, of East Main Street, Batavia, is charged with unlawful possession of marijuana and criminal nuisance.

Chercal Arieal Smith, 18, of Bank Street, Batavia, is charged with criminal possession of stolen property, 5th. Smith is accused of possessing a stolen mobile phone and using that phone for several days.

Brian Lee Smith, 52, of Colonial Boulevard, Batavia, is charged with three counts of criminal contempt, 1st, and 65 counts of criminal contempt, 2nd. Smith is accused of violating a stay away order of protection by sending numerous e-mails, leaving several voice mails and visiting the residence of the protected person.

Christopher Patrick Abdella Sr., 45, of Galloway Road, Batavia, is charged with criminal contempt, 2nd. Abdella is accused of sending several text messages to a person he was barred by court order from contacting.

William John Dale, 40, of Franklin Street, Dansville, was arrested on a warrant related to a petit larceny charge. Dale was a passenger in a vehicle stopped in by a deputy in Livingston County and turned over to the Genesee County Sheriff's Office after being identified as a warrant suspect. Dale was jailed on $200 bail.

Package of meth allegedly shipped to address in Oakfield, Le Roy man arrested

By Howard B. Owens

Acting on a tip from law enforcement in Florida that a package of methamphetamine was being shipped to an address in Oakfield, members of the Local Drug Enforcement Task Force arrested a Le Roy man allegedly found in possession of the package.

Mark J. Puma, 42, of West Main Street, Le Roy, is charged with criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 7th, and possession of controlled substances by ultimate user's original container.

The tip came from the Winterhaven Police Department. The package was reportedly delivered to an address on Farnsworth Avenue.

After confirming the package delivery, members of the task force reportedly observed Puma leaving the residence.

A traffic stop for an alleged traffic violation was initiated on Maltby Road, Oakfield, by a uniformed deputy and a state trooper.

During an interview with Puma, it was determined that Puma was allegedly in possession of Adderall.

A K-9 search of Puma's 2000 Toyota 4-Runner led to a positive alert by the dog on suspected narcotics in the vehicle.

The suspect package, with a return address in Lakeland, Fla., was located in the vehicle and a quanity of meth was allegedly found in the package.

Puma was arraigned and released under supervision of Genesee Justice.

Assisting in the investigation were the District Attorney's Office, uniformed deputies, state troopers, Medina PD and Medina PD's K-9, "Kye."

Vescovi drops 37 as Le Roy shocks Cal-Mum

By Nick Sabato

It’s a game every athlete dreams of.

It’s senior night on the road against your big rival, with sectional implications on the line.

That’s what Le Roy was facing against Cal-Mum…and Montana Vescovi responded by pouring in a career-high 37 points and leading the Oatkan Knights to a comeback victory, avenging an earlier defeat to the Lady Raiders, 62-45.

In their first contest this season, freshman Gillian Flint went off for 25 points in a 5-point Cal-Mum win, and the start of this game appeared as if she was picking up where she left off.

Flint, who has been averaging 20 points per game over her last four contests, scored 11 points in the first quarter as Cal-Mum raced out to a 9-point lead.

Every aspect of Le Roy’s game seemed to be sputtering, as Vescovi only attempted one field goal from the field (a miss) and went 5-of-12 from the foul line in the first frame.

The second quarter was a different story however, as the Knights scored the first nine points to tie the game at 17.

Vescovi also came alive, scoring 10 points in the period, including eight in a row at one point.

“It was a hostile crowd, I told them to just settle down and relax,” said Le Roy Head Coach Brian Herdlein. “I just told my girls that they were going to have a run and they needed to just keep doing what they were doing.”

The Knights clamped down on Flint, holding her scoreless in the quarter, but Cal-Mum junior Hannah Anderson took charge, scoring six points in a row, and Adrianna Molisani buried a three-pointer at the buzzer to take a 28-25 lead into halftime.

But, Vescovi came out firing in the third quarter, scoring 11 points in the frame.

“She’s an exceptional player,” Herdlein said of Vescovi. “She’s always been a scorer, but she’s added to her game. I tell her all the time that there aren’t a lot of people that can stop her. Mentally she came to play and she didn’t want to lose tonight.”

The Knights took a 39-37 lead with 2:39 remaining in the quarter and never relinquished it.

Le Roy held Cal-Mum just four points, and Vescovi scored 11 more points to vanquish their rivals eight miles up Route 5.

Even more impressive, Flint was held to just seven points after her monster first quarter.

“Flint came out on fire,” Herdlein said. “We really needed to have a girl stay on her the whole time and deny her the ball. I think we did a better job of that as the game went along.”

The Knights also got a strong game from senior Alicia Conte, who finished with 13 points, 12 rebounds and three steals.

Vescovi’s 37 points puts her just 32 shy of 1,000 for her career, but she was solid in every facet of this game, adding nine rebounds and three steals to her stat line.

This win was not just important because of the rivalry, but because the win guarantees Le Roy (9-8) the fourth seed in Class B2 and one more home game.

“This was huge for us,” Herdlein said. “Any time you can play in this kind of environment, it gets you ready for that sectional environment. It’s always rough, you have to play four quarters and that’s what we had to do tonight.”

Flint finished with 18 points and six rebounds for Cal-Mum (11-7), while Anderson added 14 points and nine rebounds.

Filling vacant homes a growing need for City of Batavia

By Howard B. Owens

Of the past half decade, vacant and abandoned homes have become problem in Batavia, according to City Manager Jason Molino.

Vacant and abandoned homes bring down residential home values in the immediate area, attract crime, suck up city resources with code enforcement and police responses and eventually the city ends up paying for property clean-up.

On the other hand, a vacant home filled with a family adds $20,000 in retail buying power to the city's economy.

"Vacant homes are a burden on any municipality," Molino said. "Whether it's the resources we have to use to address them, the lack of buying power because of the vacancy, the deterioration of the home itself or the deterioration of the neighborhood around it, there's a lot of studies, a lot of data on the impact of vacant and abandoned homes and they have a negative impact."

Over the past two years, the City of Batavia has taken properties taken in foreclosure for lack of property tax payments and deeded the properties to Habitat for Humanity.

The program has proven a resounding success, Molino said. Properties restored by Habitat have increased in assessed value by 30 to 40 percent and are occupied by families that take care of the properties.

"You've got owner-occupants who take pride in their home," Molino said. "It's a good program. I wish we could do more of it."

One of the tasks for the yet-to-be-hired assistant city manager will be to look at ways to get more vacant and abandoned houses into the hands of responsible homeowners.

"With continued focus and leadership the city could make an aggressive effort to target four or five properties annually with more partnerships similar to that with Habitat for Humanity," Molino wrote in a report to City Council. "This includes several initiatives such as attempting taking title of abandoned properties quicker, greater accountability of mortgage holders and partnering with not-for-profits for rehabilitation and investment in these properties."

Monday night, the council approved the sale of four house seized for back taxes (six properties total). The houses are at 5-7 Buell St., 6 Madison Ave., 3 Manhattan Ave., and 11 S. Spruce St.

So far, there's no deal in place to deed one or more of the homes to Habitat, but Molino said such an arrangement is still possible. If an agreement is reached, the council would have to approve the transfer.

No date has been announced for auction of the seized properties.

Photo: Milkweed pods in the snow

By Howard B. Owens

While on Harvester Avenue today I spotted these milkweed pods popping out of a snow bank next to the Batavia Cemetery.

One-vehicle rollover on westbound Thruway, Le Roy responding

By Billie Owens

A one-vehicle rollover is reported on the westbound Thruway at mile marker 377.4. Le Roy fire and ambulance are responding and a crew from Pavilion is requested to stage in its hall.

UPDATE 5:48 p.m.: An engine from Pavilion is requested to stand by in Le Roy's hall.

UPDATE 5:53 p.m.: State Police on scene say all responders can go back in service -- no need for fire or medical personnel.

Water main repair Thursday on Chestnut near Jackson Street

By Billie Owens

Press release:

The Water Department will be making a repair to a water main on Chestnut Street near Jackson Street on Thursday, Feb. 13. This will result in Chestnut Street and Law Street being closed to thru traffic beginning at approximately 8:30 a.m.

Repairs may result in temporary water service interruption or discoloration in the vicinity of the intersection of Jackson and Chestnut.

GCC to hold Creativity Conference in April, speakers wanted from business, education, nonprofits

By Billie Owens

Press release:

A conference on creativity and creative problem solving will take place from 8:15 a.m. to 4 p.m. on Tuesday April 15 at Genesee Community College.

In preparation for the conference, organizers are seeking examples of creativity in the areas of business (for profit or not) and K-16 education to share with people in our region.

The goal is to broaden the conversation around the application of creativity and innovation.

Our business track includes the use of creativity within all organizations, both for-profit and nonprofit. In the education track, we intend to share best practices, tools and techniques in teaching K-16 students how to think creatively within and across disciplines.

We hope you will join us in this critically important conversation either as a speaker or an attendee.

We invite proposals for 50-minute presentations/workshops that broadly or specifically support the conference theme of creativity/creative problem solving.

Please submit your proposal using the following link:

http://www.genesee.edu/events/creativity-conference/

For questions or additional information, contact: Lina LaMattina, Ph.D., at:

lmlamattina@genesee.edu

or 585-343-0055, ext. 6319

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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