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Law and Order: Alexander man charged with attempted arson

By Howard B. Owens

Jayson W. Dersham, 31, of Wortendyke Road, Alexander, is charged with attempted arson, 2nd. Dersham was arrested following an investigation into an incident on Maple Street in February. He was jailed on no bail.

Nickolas R. Miller, 23, of State Street, Batavia, was arrested on a warrant related to an unspecified charge. He turned himself in, was arraigned and jailed on $5,000 bail.

Glenn Homer Quintern, 56, of Jackson Street, Batavia, is charged with exposure of a person. Quintern allegedly exposed his bare bottom at 4:38 p.m. Tuesday while on Central Avenue, in front of an adult and some children.

Kevin A. Cole, 36, of North Lyon Street, Batavia, is charged with criminal contempt, 2nd. Cole allegedly visited a person at that person's residence where the protected party resides in alleged violation of a stay away order.

Dan M. Carter, 53, of Hutchins Street, Batavia, is charged with aggravated unlicensed operation, 2nd, and unregistered motor vehicle. Carter was stopped at 6:54 p.m. Wednesday on East Main Street for an alleged traffic infraction by Officer Nedim Catovic.

Vicky L. Devie, 57, of Bank Street, Batavia, is charged with uninspected motor vehicle and parking in city lot over the 15-minute limit. Devie turned herself in on a warrant and posted a $50 police bail.

Shane Zimblis, 44, of Hutchins Street, Batavia, is charged with assault, 3rd. Zimblis is accused of stabbing another person in the arm with a kitchen fork during an argument.

Maurice A. Glasco, 36, of North Avenue, Medina, is charged with falsely reporting incident and unlawful possession of marijuana. Glasco is accused of falsely reporting an incident at 12:59 a.m. Saturday at 20 Main St., Batavia.

Colleen Frances Walker, 40, of Garfield Street, Rochester, is charged with possession of more than 400 untaxed cigarettes, speeding and unlicensed operator. Walker was stopped at 11:47 a.m., Thursday, on Route 77, Pembroke, by Deputy Patrick Reeves. She allegedly possessed 1,200 untaxed cigarettes.

Conservatives looking for local candidates to back

By Howard B. Owens

The Conservative Party is looking for candidates to run in the upcoming elections throughout Genesee County.

Local Chairman John Roach said there's no "check-off list" of correct issues for potential Conservative candidates, just a general philosophy for candidates to uphold.

"We are just looking for civic-minded people who have the time and desire to serve," Roach said. "Men or women who remember that the money being spent is not theirs; it is the people's and should be spent wisely. People who will do their best to keep the public informed about what is going on."

Those who are interested should send a letter and resume to: 

The Genesee County Conservative Party
P.O. Box 1686
Batavia, NY 14021-1686

Batavia's Jeff Redband makes first team in regional hoops honors

By Howard B. Owens

Batavia's Jeff Redband (file photo from the 2014-15 basketball season) tops the field of Genesee County student-athletes to receive All Genesee Region honors for winter sports, as published today by the Democrat and Chronicle.

Redband was Monroe County Division IV Player of the Year, a Section V Class A2 All-Tournament Team player. He averaged 27 points, nine rebounds and two blocked shots per game this season and led Batavia (18-3) to division title. He surpassed 1,000 varsity points, including a  51-point game (a school record) vs. Irondequoit. He made 40 percent of 3-pointers and 88 percent of free throws. Academically, he carries 94 average.

Later today, Redband will sign a letter of intent to attend Daemen College on a basketball scholarship.

Also honored:

  • Nick Egeling, Le Roy, Livingston County Division II, basketball
  • Ryan Cansdale, Pembroke, Genesee Region, basketball
  • Ryan Emery, Oakfield-Alabama, Genesee Region, basketball
  • John Hochmuth, Elba, basketball
  • Josh Johnson, Notre Dame, Genesee Region, basketball
  • Caleb Nellis, Notre Dame, Genesee Region, basketball
  • Hayden Ewell, Pavilion, Livingston County Division III, basketball
  • Tiara Filbert, Batavia, second team, basketball
  • Abbie Kelly, Byron-Bergen, second team, basketball
  • Lindsay Lovett, Byron-Bergen, Genesee Region, basketball
  • Shea Norton, Notre Dame, Genesee Region, basketball
  • Emma Francis, Notre Dame, Genesee Region, basketball
  • Rebecca Krenzer, Notre Dame, Genesee Region, basketball
  • Haley Brown, Elba, Genesee Region, basketball
  • Alex Reigle, Elba, Genesee Region, basketball
  • Kylie Schlagenhau, Oakfield-Alabama, Genesee Region, basketball
  • Sydney Breton, Alexander, Genesee Region, basketball
  • Aralyse Johnson, Pembroke, Genesee Region, basketball
  • Kayla Heimlich, Le Roy, Livingstone County Division II, basketball
  • Madison McCulley, Batavia, Monroe County, basketball
  • Kelsey Milligan, Pavilion, Livingston County Division III, basketball
  • Devon Koepp, Batavia, first team, indoor track
  • Ryan McQuillen, Le Roy, first team, indoor track
  • Nate Richardson, Alexander, Genesee Region, swimming
  • Tom Slenker, Alexander, Genesee Region, swimming
  • Kyle Zimmerman, Alexander, Genesee Region, swimming
  • Ben Vacanti, Alexander, Genesee Region, swimming
  • Brandon Brown, Alexander, Genesee Region, swimming
  • Jake Rada, Byron-Bergen/LeRoy, Genesee Region, swimming
  • John Lee, Notre Dame, Genesee Region, swimming 
  • Chris Lemley, Notre Dame, Genesee Region, swimming
  • Dennis Bleier, Notre Dame, Genesee Region, swimming
  • Nate DiSalvo, Oakfield-Alabama/Elba, Genesee Region, swimming
  • Ryan Dunlap, Oakfield-Alabama/Elba, Genesee Region, swimming
  • Trent Stack, Oakfield-Alabama/Elba, Genesee Region, swimming
  • Corde Smart, Oakfield-Alabama/Elba, Genesee Region, swimming
  • Michaela Austin, Byron-Bergen, Rochester Winter Track League, indoor track
  • Marissa Dispenza, Batavia, Rochester Winter Track League, indoor track
  • Kaylee Cassidy, Batavia, Rochester Winter Track League, indoor track
  • Joe Allegue, Batavia, Monroe County Division III, wrestling
  • Noah Dobbertin, Batavia, Monroe County Division III, wrestling
  • Reese Morrow, Batavia, Monroe County Division III, wrestling
  • Trevor Rittersback, Batavia, Monroe County Division III, wrestling
  • Tristan Aldinger, Alexander, Genesee Region, wrestling
  • Matthew Gaiser, Alexander, Genesee Region, wrestling
  • Dan Khomitch, Byron-Bergen, Genesee Region, wrestling
  • Hunter Taylor, Byron-Bergen, Genesee Region, wrestling
  • Chad Toal, Byron-Bergen, Genesee Region, wrestling
  • Adam Walter, Byron-Bergen, Genesee Region, wrestling
  • Alan White, Byron-Bergen, Genesee Region, wrestling
  • Nick Young, Alexander, Genesee Region, wrestling
  • John Lauricella, Le Roy, Livingston County, wrestling
  • Thatcher Mowry, Le Roy, Livingston County, wrestling
  • Ben Piazza, Le Roy, Livingston County, wrestling
  • Dane Heberlein, Alexander, Division II, Wrestler of the Year*
  • Nick Gaiser, Alexander, first team, wrestling

Notre Dame beats Lyndonville 4-3

By Howard B. Owens

Notre Dame came from behind to beat Lyndonville 4-3 at Dwyer Stadium on Thursday.

Top photo: CJ Souzzi is out at home trying to score the team's fifth run after Larry Infantino had crossed the plate a moment before on Peter Madafferi's double.

Here's Coach Mike Rapone's game summary:

Tyler Prospero pitched six strong, scoreless innings to pick up the win in relief of starter Casey Midwick who left with tightness in his pitching arm as ND rallied to win 4-3. Prospero's line was 6 innings, 2 hits, 0 runs, 6K and no walks. Lyndonville's had a 3-run first on a Brandon Schoolcraft RBI double and Eric Nease's 2-run triple. The Irish responded with two first inning runs on Mike Falitico's RBI groundout and Michael Muehlig's 2-out RBI single. They tied it in the fifth when Cal Tygart tripled to deep center and scored on another Mike Falitico RBI groundout. The winning run was scored by Larry Infantino, who walked, moved to second on CJ Suozzi's single and scored on Peter Madafferi's RBI double.

Dispatchers recognized for dedication to service

By Howard B. Owens

Press release:

April 13 – 19 is National Public Safety Telecommunicators Week and the Genesee County Sheriff’s Office recognizes and commends the County’s 9-1-1 dispatchers for their dedication, professionalism and commitment to public service.

9-1-1 dispatchers are there 24/7,365 days a year for first responders and the public in time of need. Many people don’t think about these seemingly nameless, faceless individuals until they experience actual emergencies themselves. In many instances, 9-1-1 dispatchers make the difference between life and death.

The Genesee County Sheriff’s Office recognizes these public safety professionals who have worked so hard during this past year. Every day, citizens depend on the skill, expertise and commitment of the 9-1-1 dispatchers. They are the first to take that phone call, the first to provide basic life support in a medical emergency, and also dispatch needed fire, police or EMS responders for the call. They are to be recognized and commended.

Kiwanis members ready to cook up a heaping helping of spaghetti and meatballs

By Howard B. Owens

Members of the Kiwanis Club of Batavia are inviting you to the club's annual spaghetti and meatball dinner from noon to 3 p.m., April 26 at the YWCA, 301 North St., Batavia. Tickets are $7 per person and available at the door.

Pictured are club members, from left, Shannon Ford, Jeanne Walton, Anne Bezon, Patti Pacino and Theresa Asmus.

Grant moves forward to assist p.w. minor's plans to move jobs from China to Batavia

By Howard B. Owens

The first of the necessary paper is being pushed to move jobs from China to the p.w. minor shoe factory in Batavia with the Ways and Means Committee approval yesterday of a resolution to accept a $750,000 grant from the state to assist the company's local expansion.

The county must accept the grant, which passes through the Genesee Gateway Local Development Corp. (a branch of Genesee County Economic Development Center), which will become part of a grant and deferred loan program for p.w. minor.

The grant was approved by Empire Development Corps after the agency encouraged p.w. minor to apply for the grant.

The application pledges 80 new local jobs added over a two-year period, but p.w. minor is planning to transfer a total of 100 jobs over time from China to Batavia.

The LDC will package the $750,000 with $125,000 loan from LDC funds to assist p.w. minor in buying shoe-making machinery.

Mark Masse, VP of business development for GCEDC, laid out the terms of the resolution for members of the Ways and Means Committee, who recommended approval of the resolution to the full County Legislature.

Andrew Young, one of the co-owners the New p.w. minor, is also a member of the Legislature, and while he attended Wednesday's meeting, he was not present during the discussion of the resolution.

Young and local entrepreneur Peter Zeliff, purchased p.w. minor after the previous owners announced plans to close the plant, thereby saving dozens of local jobs at Batavia's oldest, continuously running business.

County legislator expresses opposition to proposal for hunting in county park

By Howard B. Owens

A proposal to allow limited deer hunting this fall in the Genesee County Park won't get the unanimous support of county legislators.

Legislator Mike Davis said during the Ways and Means Committee meeting that he can't support the proposed local law change that will make the hunt possible.

He said he was concerned about the safety of other park users during hunting season.

"If the park were completely closed to all but hunting, then I'm in, but without that I just can't support it," Davis said.

The committee the voted with the one dissenting vote to recommend passage of the local law to the full Legislature.

Davis was recently appointed to the Legislature and represents the Darien and Pembroke areas of the county.

Under terms of the proposal, bow hunting will be confined to 12 zones along the southern border of the park. While the hiking trails will be open, hunters are being told to stay clear of trails and be courteous of others using the park.

Hunters will be selected through a lottery Sept. 15, following a Sept. 11 deadline for applications, which open Aug. 17.

Two zones will be set aside for youth and disabled veterans, and young hunters and disabled veterans will be given priority over hunters from outside Genesee County.

In all, 48 hunters will be selected to receive permits for the four-week season, which runs from Oct. 19 through Nov. 15.

Law and Order: Two teens arrested after officers respond to report of marijuana ordor in apartment

By Howard B. Owens

An 18-year-old Le Roy resident and a 17-year-old Le Roy resident are charged with endangering the welfare of a child and unlawful possession of marijuana. Le Roy PD responded to a report of the smell of marijuana in an apartment. After a brief investigation, officers concluded the youths possessed and smoked marijuana in the apartment while two youths under age 17 were present. The 18-year-old was jailed on $500 bail. Le Roy PD did not release the names of either individual.

Christopher E. Merrell, 53, of Bergen, is charged with aggravated unlicensed operation, 2nd, no seat belt, inadequate exhaust, illegal window tint and unlicensed operation. Merrell was stopped by State Police on Route 98, Alexander.

Drug Task Force announces three arrests

By Howard B. Owens

Three people have been arrested as the result of two separate investigations into the illegal sale of narcotics in Genesee County.

In the first investigation, arrested were Sege D. Kalmbacher, 39, of Overlook Drive, Batavia, and Paula R. Kalmbacher, 43, of Overlook Drive, Batavia.

Sege is charged with two counts of criminal sale of a controlled substance, 5th, and two counts of criminal possession of a controlled substance, 5th. Paula faces one count of criminal sale of a controlled substance, 3rd, and one count of criminal possesison of a controlled substance, 3rd.

Both are accused of selling a controlled substance to agents of the Local Drug Task Force.

Sege was arrested Friday and jailed on $10,000 bail. Paula turned herself in Monday and was released under supervision of Genesee Justice.

In the second investigation, arrested was Cynthia C. Richardson, 35, of Maple Street, Batavia. 

Richardson is charged with two counts of criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th. 

She is accused of selling a controlled substance to an agent of the Local Drug Task Force.

She was arrested at the courts facility and jailed on $10,000 bail.

Law and Order: Pair of alleged shoplifters charged with multiple larcenies

By Howard B. Owens

Thomas E. Hensel, 31, and Tonya D. Smith, 29, are charged with grand larceny, 4th, and conspiracy, 6th. Hensel and Smith were allegedly caught stealing items from the Target store. Upon further investigation, they were found to have allegedly committed additional larcenies during March at Target and Walmart. Hensel was charged with four counts of petit larceny and Smith was charged with one count of grand larceny, 4th, and two counts of petit larceny. Some of the stolen items were recovered.

Amir D. Gifford, 19, of Cherry Street, Batavia, was arrested on a warrant for alleged violation of probation. Gifford turned himself in. He was jailed on $2,500 bail.

Jessica M. Rivera-Mann, 31, of Liberty Street, was arrested on a pair of warrants related to alleged parking violations. Rivera-Mann turned herself in and entered a guilty plea in City Court. and was ordered to pay a $100 fine within 60 days.

Kerri L. Forsberg, 43, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a harassment, 2nd, charge. Forsberg was arrested following a reported incident at UMMC on April 3.

Laura J. Reed, 23, of Walnut Street, Batavia, is charged with unlawful possession of marijuana. Reed was allegedly found in possession of marijuana at 6:18 p.m. April 10 by Officer Jamie Givens.

Kenardo R. Fields, 25, of Ellicott Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Fields was allegedly involved in a domestic incident at 9:20 a.m., Sunday.

Zachary Michael Burk, 18, of Sparks Road, Pavilion, is charged with petit larceny. Burk allegedly stole a 30-pack of Busch beer from Pavilion Farm Market.

Charles H. Wroten, 54, of Buell Street, Batavia, is charged with aggravated DWI (Leandra's Law), DWI, improper right turn, improper signaling a turn. Wroten was stopped at 11:03 p.m. Tuesday on West Main Street, Batavia, by Sgt. Ron Meides. Wroten is accused of driving while intoxicated with a child less than 15 years old in the vehicle.

Michael Robert Sigl, 22, of Pratt Road, Batavia, is charged with possession of a forged instrument, 2nd. Sigl was arrested on a warrant. He was jailed without bail.

Taylor Nicole Tillotson, 19, of Perry Road, Le Roy, is charged with trespass. Tillotson allegedly returned to College Village after being banned from the property.

Photo: Traffic cones on Main Street

By Howard B. Owens

A portion of Main Street, Downtown Batavia, was blocked off by traffic cones this morning in advance of clean-up work by city crews along the street and sidewalk. The work is expected to take most of the morning.

Photos: Oil painting demo by local artist Larry Buckley

By Howard B. Owens

Local artist Larry Buckley gave an oil painting demo Tuesday evening at GO ART! for members of the Batavia of Society of Artists.

Other events coming up for the society:

  • Spring Show, opening reception 6:30 to 8 p.m., May 7, Richmond Memorial Library;
  • Steve BonDurant, plein air demo and picnic at Kiwanis Park, 6 p.m., July 14;
  • Joint event with Batavia Players at Jackson Square, free and open to the public, where the players will practice parts and also serve as models for artists, 6 p.m., Aug. 11;
  • Kevin Feary, oil-graisalle demo, Sept. 8;
  • Brian Kemp, acrylic abstract demo, Oct. 13;
  • Dennis Wood, perspective drawing, Nov. 10.

For more information on the Batavia Society of Artists, e-mail bsa.bataviasocietyof artists@gmail.com.

Photo: Onion planting starting in the mucklands

By Howard B. Owens

Activity is picking up on the muck this week as onion growers finally have suitable conditions for planting. One onion grower told us yesterday that ideally, growers like to have all of April to plant and they're getting a late start this year, but they should still get all of the fields filled with seeds and seedlings by May, if the weather holds.

Attorneys argue appeal of Scott Doll murder conviction

By Howard B. Owens

Oral arguments in the latest appeal of Scott Doll's murder conviction were heard by Judge Robert C. Noonan this morning in Genesee County Court.

Timothy P. Murphy represented Doll and ADA William Zickl represented the people.

Murphy's appeal is based on a few key points:

  • There was no "emergency doctrine" need to transport Doll from Pembroke to the Sheriff's Office on Park Road the early morning of Feb. 19, 2009 after Doll was found in blood-covered clothes and blood was found on his vehicle parked at North Lake Road and Main Road. Doll, Murphy argued, was taken into the custody, not just merely held in an attempt to find out if somebody was hurt and in need of help;
  • There was no DNA evidence taken from under the fingernails of the murder victim, Joseph Benaquist. If there had been, it's possible the presence of a third party at the scene might have been discovered, which could have changed the outcome of the trial;
  • The failure of Doll's defense attorneys, Paul Cambria and Dan Killelea, to raise these issues at trial constitutes incompetent representation.

Zickl countered:

  • Doll's defense had every opportunity to raise these issues and did in fact raise these issues, at the trial level and through the appeals process and they lost on the rulings;
  • The emergency doctrine does apply to the transport of Doll because the emergency continued unabated until the body of Benaquist was discovered;
  • The transport was necessary because investigators felt certain that Doll was covered in human blood and even though they didn't yet know what happened, it was likely a crime might be discovered and the evidence needed to be secured, rather than letting Doll walk around in 10-degree weather;
  • Because Noonan served as trial judge, he knows Doll received a vigorous, cogent and coherent defense that can hardly be characterized as incompetent;
  • Even if DNA had been collected, and even granting for the sake of argument that a third-party presence might have established, that fact wouldn't have changed the outcome of the case. The evidence that Doll killed Benaquist is simply overwhelming and conclusive. Where Murphy argued that physical evidence indicates Benaquist was involved in a struggle against attackers, Zickl argued the evidence is clear that Benaquist was ambushed and had little opportunity to defend himself. 

Noonan said he should have a written ruling in about a week.

Council delays on proposal to deal with vacant and abandoned homes

By Howard B. Owens

The Batavia City Council took a step back from a proposal aimed at spurring investment in vacant and abandoned residential properties.

Rather than send a resolution to state representatives asking for legislation to make a tax exemption for investment in such properties possible, the council asked that the proposal be brought back to a future conference meeting.

City Manager Jason Molino warned that with the legislative session under way and ending in June, a delay could decrease the opportunity for timely passage of the legislation.

Councilman Eugene Jankowski took the lead role in opposing passage of the resolution last night.

Jankowski said what little feedback he's gotten on the proposal from constituents is opposition to other homeowners getting a tax exemption not available to them.

He also said he would like to provide residents with more time to digest the proposal and provide feedback to council members.

Molino said the idea that current homeowners are missing out on something is a misunderstanding what the tax exemption is about.

The proposal would provide a limited tax exemption on select owner-occupied properties to offset the significant investment required to rehabilitate vacant and abandoned homes. 

The exemption would be graduated over a number of years, starting at 100 percent of the difference of taxes due on the increase in assessed value that would result from rehabilitation. The homeowner would still pay taxes on the original assessed value.

The exemption is called "gap financing" because it's designed to address the fact that it simply isn't financially realistic to expect somebody to invest tens of thousands of dollars to save a home that has limited value in a market not known for a rapid increase real estate values.

"We're trying to create a tool that attracts investment," Molino said.

The value of the tax exemption, Molino said, would be less than what the city would start receiving in water and sewer payments once the house was occupied again.

In some cases, it would return properties back to tax roles that previous owners have abandoned and allowed to go into foreclosure.

Councilwoman Patti Pacino pointed out that by saving these homes, it would help protect the home values of neighboring residents.

Both Jankowski and Councilwoman Rosemary Christian voted against a motion to suspend the rules for moving the proposal to the same night's business meeting. A rules suspension requires a unanimous vote to pass.

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