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A 28-year-old Batavia man, who admitted to selling drugs last fall, is going to prison.

Timothy Lee, who also goes by the name “Cricket,” was sentenced in Genesee County Court this afternoon to four-and-a-half years behind bars.

Lee had pled guilty to selling crack cocaine to a member of the Genesee County Local Drug Task Force.

Judge Robert Noonan told Lee this afternoon he was an “opportunist” and only very belatedly did he show an inclination to enter treatment.

“You don’t need treatment,” the Judge told Lee, “you need jail time, and that’s what you are going to get."

Lee’s fiancé, who is four-months pregnant, wept in court as the sentence was pronounced.

(Story by Dan Fischer, of The Batavian's news partner, WBTA.)

Wet, sticky snow that can damage trees and bring down power lines is on the way, according to the National Weather Service.

This morning's winter storm watch has been upgraded to a warning.

The weather service says the storm will start with light snow Thursday morning and pick up strength as the day goes on and by Thursday night, snowfall will be heavy, perhaps up to two inches an hour.

The storm will taper off Friday, but not before the storm dumps as much as 12 inches of snow in some parts of the region.

Winds will increase late Thursday, up to 25 mph with gusts of 35 mph. 

"The wet nature of the snow should limit drifting somewhat," the weather service says.

It's best not to travel, but drivers should use extreme caution if travel is unavoidable, the weather service said.

Batavia Police have issued wanted notices for two men sought for unrelated crimes.

Jeremiah Williams, 18, is a Level 3 sex offender who has allegedly failed to comply with his restrictions. There is an active felony arrest warrant for Williams. His last known address was 9 Raymond Ave. in Batavia. He is also known to frequent the Albion area. Williams is described as 5'10" and 135 lbs. with brown hair and brown eyes.

Dajuandrick Gardner, 33, is an alleged parole violator. His last known address is 6863 Byron Holley Road, Byron. Gardner is 5'10" and 210 lbs. with brown hair and brown eyes. He wears glasses. Gardner is also known as "Juan" and "Omega."

Anyone with information is asked to call 345-6370.

If it's going to take an expert witness to help Ronald J. Wendt beat the 12 felony charges against him, it's going to take money.

His attorney, Thomas Burns, says Wendt is "tapped out."

Sitting in jail, unable to earn money, Wendt cannot afford the thousands it would cost to bring in an expert in field sobriety tests and breathalyzers to help challenge the charge that he was driving drunk Aug. 12 when he was involved in an accident that took the life of Dansville teenager Katie M. Stanley.

County Attorney John Rizzo filed papers this week opposing a motion by Burns for the county to pay for the expert.

"I understand Mr. Rizzo's concern regarding the taxpayers," said Burns today, "but this is fundamentally at the heart of our defense. It is very important to us."

Wendt appeared in court today -- dressed in Genesee County Jail orange and with his head shaved -- for a hearing on motions by Burns that arresting officer Deputy Tim Wescott did not have sufficient probable cause to charge Wendt and to suppress statements made by Wendt to Wescott.

County Court Judge Robert Noonan denied both motions and set a date for a week-long trial.

Jury selection will start July 12 at 9 a.m. 

Noonan set May 24 as the plea-offer cutoff.

District Attorney Lawrence Friedman said the offer he's made to Wendt is to reduce the aggravated vehicular homicide charge -- with a maximum penalty of 8 to 25 years in state prison -- to aggravated vehicular manslaughter. The reduced charge could still result in a more than two-year prison sentence, and up to seven years.

Burns said after the hearing that he expects the case to go to trial. The bottom end of the sentence on the first count of the indictment is one to three years, if Wendt were convicted by a jury.

Today, Westcott testified at length about the field sobriety test he conducted on Wendt following the late-night accident.

An expert witness would help Burns establish doubt as to whether the test conclusively proved that Wendt was driving drunk.

Wescott testified that he started with an eye-tracking test, which is designed to find possible nystagmus, which is an involuntary eye movement. Wescott testified that Wendt passed this test, saying that in order to determine that a driver has a BAC of at least .10, he will need to show four clues in the test and Wendt showed only two.

Friedman objected to Burns asking a series of questions about the eye-tracking test, but Noonan overruled the objection.

Wescott also testified that he had Wendt walk a straight line with the requirement that he take nine steps in each direction, heel-to-toe. Wescott said in his judgement, Wendt failed this test, missing four steps by an inch or less between his heel and toe going forward and raising his hands from his side on the return.

When it came to touching his nose, Wendt missed slightly on four of six tries.

On another test, where the suspect is asked to close his eyes, tilt his head back and try to estimate when 30 seconds had passed, Wendt said stop after 37 seconds. The standard deviation, according to Wescott, is five seconds.

More than an hour after the accident, Wendt submitted to a BAC test and reportedly tested at .08.

Wendt did allegedly make at least one incriminating statement early in the interview, Wescott testified. Wendt said, according to Wescott, "You might as well have me blow and take me to jail."

Noonan ruled that statement will be admissible at trial.

For previous coverage, click here.

Le Roy Police are investigating an accident on Lathrop Avenue that knocked out power to the eastern part of the village for two to five hours last night.

The driver fled the scene of the 1 a.m. one-car accident, according to Le Roy Police Chief Chris Hayward.

No further information is available at this time.

(Thanks to a reader for tipping us to this story.)

A local man admitted in court yesterday to attempted burglary, 3rd, in connection with a break-in at a home at 15 Fairway Drive, Batavia, on Oct. 22.

Chad M. Johnston, 23, told Judge Robert Noonan that he did knowingly enter the residence without permission of the owner and attempt to steal items from the house.

Johnston was in the process of stealing more than $1,000 in household items, including appliances, from the residence, according to Asst. District Attorney Will Zickl, at the time of his arrest.

With a prior felony conviction, Johnston, under terms of a plea agreement, will be sentenced to one-and-a-half to three years in prison.

UPDATE: The Sheriff's Office has provided a little more information on this arrest.

Johnston was charged Oct. 23 with burglary 2nd and criminal possession of stolen property. He entered the residence at 15 Fairway Drive in the Town of Batavia and stole a Maytag washer and dryer, a Whirpool refrigerator and Cub Cadet lawn mower. Upon his arrest, he was found in possession of the stolen property along with a small safe containing paperwork from the residence. All of the items were recovered.

There was also an outstanding parole warrant for Johnston at the time of his arrest.

Barbara E. Ferrando, 38, of 53 W. Main St., Apt. 101, Corfu, is charged with harassment, 2nd. Ferrando is accused getting into a dispute with a store clerk. During the alleged confrontation, she allegedly reached behind the counter and struck the clerk with a plastic coffee mug, causing minor injuries.

Jessica J. Moscicki, 19, of 19 Briarwood Terrace, Batavia, is charged with aggravated unlicensed operation, 3rd and criminal impersonation, 2nd.  Moscicki was charged after allegedly giving a false name to Officer Ed Mileham during a traffic stop in the Tops Market parking lot at 2:30 p.m., yesterday. After further investigation, her identity was discovered and it was revealed she had a suspended license.

Brian L. Smith, 48, of 4128 Colonial Blvd., Batavia, is charged with criminal contempt, 2nd. Smith is accused of violating a court order by sending computer messages to a woman in Florida. Smith was allegedly barred from any contact with the woman. The messages were reportedly sent on Feb. 16. He was arrested yesterday around noon.

Mark Paul George, Sr., 51, of 3281 Broadway Road, Alexander, is charged with harassment, 2nd. George allegedly got into a dispute with a woman in Darien over some property. When the other person attempted to contact the police, George allegedly struck her hand, knocking her mobile phone away. There were no injuries reported.

Harry J. Reed, 28, of Rochester, was charged by State Police with DWI. Reed was stopped at 42 Green Knolls Road, Stafford, at 8:42 a.m., Monday. No further information is available.

Accidents from the State Police blotter:

3:38 p.m., Feb. 22, Barrville Road, Elba, two vehicles; Driver 1: Mary R. Prior, 67, of Batavia; Driver 2: Kim C. Clark, 59, of Attica. No injuries reported.

10:18 p.m., Feb. 22, Lewiston Road, Alabama, one vehicle; Driver 1: Brandy L. Golding, 35, of Akron. No injuries reported.

5:40 a.m., Feb. 23, Attica Road, Darien, one vehicle; Driver 1: David M. Roberts, 39, of Attica. No injuries reported.

4:37 p.m., Feb. 22, Mile Marker 397.4, Thruway, Pembroke, one vehicle; Driver 1: Michael H. Moran, 20, of Batavia. No injuries reported.

4:44 p.m., Feb. 22, Mile Marker 403, Thruway, Pembroke, one vehicle; Driver 1: Allessandra R. Falcao, 27, of Kearny, NJ.

12:03 a.m., Feb. 23, Mile Marker 394.7, Thruway, Batavia, one vehicle: Driver 1: Michael R. Eaton, 34, of Rush. No injuries reported.

There is a motor-vehicle accident reported at routes 237 and 33 with injury.

There are two cars involved. They are not blocking traffic.

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A winter storm watch is in effect from late tonight through Friday afternoon.

The National Weather Service issued the watch and said significant snowfall could hit the region by Thursday morning, lasting well into Friday. (Correction: In original version, we said a watch was more significant than a warning. The opposite is true. A warning is more severe than a watch.)

It's too early to predict the amount of snow that could be dumped on the area.

"Those planning to travel during this period should monitor the latest weather forecasts for updates to this developing storm," the service said in its bulletin.

An AccuWeather press release, according to the D&C, is calling for a "hurricane" level snow storm to hit the Hudson Valley and spill into the Rochester area.

"It's going to be a very nasty storm," said Alex Sosnowski, a meteorologist with AccuWeather.com, a weather service based in State College, Pa.

An AccuWeather press release said the storm "will be nothing short of a monster" and "may seem more like a 'snow hurricane' than a blizzard."

It's now official -- city property owners can expect a 1.5-percent rate increase in property taxes.

On a 7-2 vote last night, the Batavia City Council approved the 2010/11 budget, which comes in at $21.7 million in expenditures.

The no votes came from Councilman Sam Barone and Councilwoman Rose Mary Christian.

"If this budget passes, the only thing we will be doing is squeezing and choking off the middle class," Christian said.

Christian's areas of concern, she said during the meeting, were legal fees, community celebrations, a drop in sales tax last month, the high cost of youth services and she called $527,000 for parks "outrageous." She also objected to the transfer of water funds to the general fund and said the contingency fund is much too low, especially since it's likely that police officers will win an arbitration case granting them retroactive pay raises.

Christian also complained that constituents in the Sixth Ward have reported high reassessments, from $7,000 to $11,000 more, for their homes.

"This is really going to hurt these people," Christian said.

During the public comments section of the meeting, before the budget vote, city resident Daniel Del Plato spoke vehemently against the proposed budget, saying city taxpayers couldn't handle any further tax increases.

"You're trying to get blood from stones," Del Plato said.

She also objected to a pay raise for non-union employees, which did pass in a separate motion on a 5-4 vote. Voting no were Christian, Barone and council members Bill Cox and Bob Bialkowski.

The council also approved plans to raise water rates and seek bonds to fund the start of a five-year or longer process of water infrastructure upgrades. Barone voted no on both resolutions.

A proposal to consolidate Batavia's city and town governments is moving forward again.

It appeared that the consolidation effort stalled in August when, on a motion by Councilman Sam Barone, the city council voted 5-4 to table a resolution calling for a public hearing on the process.

Last night, again on a 5-4 vote, the council passed a resolution to apply for a grant to fund creation of a new city charter for a consolidated government and to sign an agreement with the town to appoint a consolidation task force.

The council members who opposed moving forward with the task force and charter process -- Bill Cox, Sam Barone, Rose Mary Christian and Bob Bialkowski -- said they didn't want to see any further effort wasted on talk of consolidation without a clear understanding that people in both jurisdictions wanted bring the city and town together.

Bialkowski asked if a referendum could be held, but City Manager Jason Molino said there were no provisions in state law to allow for a referendum vote without first writing a charter, so Cox asked if maybe the three local media outlets could conduct a survey.

Speaking in favor of moving forward, Councilwoman Kathy Briggs said, "We’ve got to have the facts. We’ve got to have the pros and cons. There are a lot of people who are undecided because they don’t have the facts.”

Councilman Frank Ferrando said he didn't think the public had enough information to make an informed decision just yet about consolidation. He said he didn't have enough information to make up his own mind. He isn't sure it really will save money, but if there is a chance it will, it needs to be studied further, he said.

"We’ve got to start looking into ways to save the taxpayer money," Ferrando said. "We’re not going to do it staying the way we are. We’re just going to keep spinning wheels and we’re going to be breaking people. We’re going to be taking them down further and further and further. I think this deserves study, clear understanding, before we put it to our citizenry to a vote."

Barone disagreed, saying, "I think the information (in previous public meetings) was very well presented."

Cox and Bialkowski said they had doubts about whether consolidation would really lead to much cost savings, noting the previous 12-month study found only $78,000 in potential cost savings.

After the meeting, Molino told reporters that, actually, the study found a potential of $245,000 in savings. Plus, an extra $820,000 in state aid would be available to a consolidated municipality.

The available state grants would provide the task force/charter review committee with $49,500, most of which would cover legal fees associated with writing a new charter. The city and town would each need to contribute $2,500 to the process.

Bialkowski said he was concerned that pursuing consolidation further would be like pouring more taxpayer money down the same hole and at the end of two years, nothing would be accomplished.

The proposed commission would be comprised of four city residents and four town residents, who could not be elected officials, government officials nor their spouses. The appointees would be selected by a joint city-town committee consisting of the council president, the town supervisor and two council members from each body.

Council President Marianne Clattenburg spoke in favor of consolidation saying that it's an obvious waste of resources to have two government bodies providing identical services.

“You talk about shared services, but what’s the ultimate shared service but consolidation, so you don’t have one government entity over here and then five miles away they have a whole other government," Clattenburg said. "The idea is to put them together to save money. It’s not talking about what’s the state going to give us next year.

"It’s about what’s going to happen five, 10, 20 years from now. As the town grows, their administrative costs are going to go up. If they expand, and we hope they do, because it’s good for everybody, then those costs are going to start to get to be as big as ours."

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week  session (one class per week), which is a $56 value, for $28. (New sessions start March 1)

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 eac

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: The Batavian is able to offer a limited number of reduced price hair cuts for children under 12. Click Here for details of the offer and to purchase vouchers.

SOLD OUT

BATAVIA, NY --- A fourth person has been arrested in connection with a residential burglary on State Street that occurred Sept. 1 in which household items and a car were reportedly stolen.

Taken into custody by Batavia Police detectives yesterday morning was Quentin L. Gibson, 25, of 27 Richmond Ave. He was charged with burglary 2nd.

Previously arrested in connection with the alleged burglary were Reginald M. Wilson, 37, Dillon M. Brito, 19, and Joseph D. Dash, 24.

The City of Batavia will not immediately replace Youth Bureau Director Patricia Dieck, who retires resigned effective March 3, after 25 years of service.

Last night, City Manager Jason Molino asked the city council to allow eight months to study Youth Bureau operations and come up with a plan to reorganize it. The council concurred.

Over the past year, state aid to the program has decreased 30 percent.

"Also, there have been several attempts to shift all local aid from municipalities to counties in supporting more mandated programs," Molino wrote in a memo to council. "These efforts have not been pursued in the current Executive Budget issued by the Governor, however, future cuts in aid have been proposed."

State aid makes up 13 percent of the Youth Bureau budget and Molino said the city should understand these programs better before deciding on their future.

Last week, Dieck told The Batavian news partner WBTA that the idea of consolidating the city's program with the county's has come up at least three times in the past, but city residents have demonstrated that they want the city to have its own program.

"The agency has been here 50 years," Dieck said. "I believe it's the only free program for our young people in the city. We've considered charging small fees, but we don't want to deny young people any services or activities."

The Youth Bureau has four employees, two full-time and two part-time. During the next eight months, the current youth coordinator will act as director and one part-time staff member will be given a temporary full-time position to help ensure the bureau completes its scheduled programs, especially through its heavy summer schedule.

Molino said the City's Youth Board will be consulted throughout the study process.

UPDATE 10:24 p.m., Tuesday: Patricia Dieck wrote this evening to ask for two corrections on this post. First, she resigned. It's not a retirement. Second, she served the city for 25 years (not 23 as we originally reported).  I asked her why she resigned, and here is her response:

I do wish I could have retired with the city, but it didn't seem to be in the cards for me.   I am resigning because I need a job where I can feel like I can make a difference.  I don't see an end in sight for the budget issues on state and city level which is having an unfortunate impact on youth programs.  I've been thru the Youth Bureau study at least 4 times over my career.  I really don't want to waste any more of my time or city time on this issue nor do I need the stress that is associated with it.  I took my job seriously and loved what I did, but when it gets to the point that you are not enjoying it or not feeling appreciated, it's time to get out.    For the most part, I have thoroughly enjoyed my job and know I have made a difference in the lives of young people in our community. 

In her initial e-mail to us, she said:

And the Youth Bureau budget has taken almost 30% cut in state funding between 2008 and 2009. There is no proposed cut in state funds for 2010.

As for the article about the City Budget, Councilperson Christian says she refers to "the high cost of youth services".  not sure that I would say the less than 1% of total city budget allocated for young people can be considered "high".

The much-disputed sale of a tax-foreclosed property at 9 Willow St., Batavia, reached a resolution tonight as the city council approved the sale of the house to Stafford resident Tom Englerth.

He was the second-highest bidder for the property -- contrary to a previously published report by the Batavia Daily News that Habitat for Humanity placed the second-highest bid -- with a bid of $20,500, which was $500 less than the highest bid by Michael Pullinzi.

Pullinzi's bid was rejected by the council two weeks ago for apparently having been cited too many times for code violations. (Pullinzi has noted that his violations are not nearly as numerous as some local landlords and that some of the alleged violations were actually on neighboring properties.)

The contentious decision carried over to tonight's meeting as Councilman Bob Bialkowski asked the council not sell the property to Englerth, but instead re-auction the property at an upcoming county auction.

Bialkowski's motion failed 2-7 with only Councilman Sam Barone backing the motion.

“It’s unfortunate that nobody asked the high bidder what his intention for the home was," Bialkowski said, noting that Pullinzi has previously gutted and remodeled homes on North Lyon and in Le Roy and is current converting a two-family apartment building into a single-family residence on Fisher Park.

Council President Marianne Clattenburg expressed concern that since Englerth had probably been notified of the council's pending vote, to switch directions at the last minute might expose taxpayers to a costly lawsuit.

Councilwoman Kathy Briggs also showed some exasperation with Bialkowski's motion.

"We didn’t accept the first one, now the proper procedure is, we go to the next bidder," Briggs said. "End of discussion."

Councilman Frank Ferrando spoke at length for the council to come up with a better policy for dealing with the sale of tax-deliquent properties.

“I don’t know what alternatives we have, but there have to be better alternatives relative to the vision we have to make our neighborhoods better," Ferrando said.

Ferrando didn't expect an answer tonight from City Manager Jason Molino, but he asked him what the city was doing to hold tenants more accountable, echoing a theme of a recent story on The Batavian.

After Bialkowski's motion failed, the council voted unanimously to sell the property to Englerth.

Pictured, Bialkowski, top, and Briggs.

Another rollover accident has been reported in the Pembroke section of the New York State Thruway.

The caller does not believe the driver was injured.

The accident was reported in the area of mile marker 394.5, eastbound lane.

East Pembroke Fire and Mercy EMS have been dispatched.

UPDATE 11:36 p.m.: A first responder reported finding the car on its roof, but Mercy EMS has been cancelled. The driver said he doesn't require medical treatment.

It's unknown if there are injuries after a car hit a utility pole in the area of 1139 Casey Road, Basom.

Alabama Fire and Mercy EMS have been dispatched.

UPDATE 11:17 p.m.: National Grid requested to the scene. The pole is snapped in two. There is a transformer on it. Mercy EMS put back in service. The driver was not injured. No passengers.

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A low pressure zone moving from Lake Erie to Lake Ontario is bringing snow and a winter mix to Western New York and the National Weather Service has issued a weather advisory.

Rain and a freezing drizzle overnight will make untreated roads quite slippery and caution when driving is recommended.

The advisory is in effect from midnight until 6 a.m.
 

Sparks and flashes are reported coming from a residence in the Dreamland Trailer Park, 3522 W. Main St. Road, West Batavia.

The house is described as a white house with a fence.

East Pembroke Fire is responding.

An assistant fire chief on location, "nothing showing."

He reports the house to respond to is the main house in Dreamland.

He reports wires on a pole crackling, but nothing in the house. "I don't see anything, but I can hear it out here."

UPDATE 9:20 p.m.: Wires are reportedly arcing. National Grid requested to the scene. A standby from Corfu has been request to go to the East Pembroke Hall. Town of Batavia also requested to stand by.

UPDATE 10:02 p.m.: Town of Batavia told to stand down.