City fire is being dispatched to Pizza Hut, 412 E. Main St., Batavia, for an "unknown type fire on the ground."
It might be a mulch or hedge fire next to the building.
UPDATE 8:33 a.m.: Engine 11 on scene. Nothing showing. Investigating.
UPDATE 8:37 a.m.: Somebody was burning some weeds off using gasoline. City fire is back in service.
Nearly every city, village, town and even most hamlets in Upstate New York hold at least one parade a year.
It might be for Memorial Day or some local observance or festival, but parades in the state's rural counties are as common as apples and corn.
New Department of Transportation rules could doom one of the state's last vestiges of public Americana.
Legislator Shelly Stein informed the Public Service Committee today of a proposed new law that would require parade organizers to file a five-page application, pay hefty deposits and jump through dozens of bureaucratic hoops to get permission for a parade on a state highway.
For example, the Oakta Festival Parade, which Stein chairs, takes place on Route 5 every year. The City's parades for Memorial Day and St. Joe's Penny Carnival are also on Route 5. Oakfield's Labor Day Parade is on Route 63. Byron's parade is on Route 262. In Bergen, the parade crosses Route 19.
"This has always been a municipality's prerogative," noted Legislator Marianne Clattenburg, a former City of Batavia council member. "Every time a parade or festival took place, it always got approval through the city and the council voted. So why is this now being taken out of local control?"
Stein and other legislators suspect it's about money. The new law requires a deposit sufficient to cover any potential damage to state property, which the state will fix and deduct from the deposit.
It could just be bureaucracy.
The list of new requirements include:
The changes also apply to 5K races, bike races and other public events that use state highways.
The proposed changes are not law yet. Currently, the DOT is accepting public comment on the proposed new rules. The DOT can be contacted at NYSDOT Main Office, 50 Wolf Road, Albany, NY 12232.
Stein shared a comment about the proposed changes by Sen. Mike Ranzenhofer. She said, Ranzenhofer told her, "I really don't see this going too far because we all walk in parades."
But, Stein said, without public feedback, the new law could go into effect, making it much harder for local communities to host their traditional parades and other public events.
In the first quarter of 2013, felony investigations in Genesee County have increased 71 percent over the same period in 2012, according to Sheriff Gary Maha.
Maha delivered a report today to the Legislature's Public Service Committee.
The increase (52 cases up to 89) seems to be the result of more burglary and grand larceny reports.
There have also been more sex-related criminal reports.
For the office of investigations, there's also been a significant increase in pistol license background checks.
For the Local Drug Enforcement Task Force, the most prevalent drugs seen locally are cocaine and marijuana, but there has also been an ongoing increase in the possession and sale of prescription medications, particular hydrocodone and OxyContin.
For road patrol, deputies responded to 7,032 incidents during the quarter. That's a 10-percent hike over 2012.
However, 9-1-1 calls dropped 11 percent year-over-year to 6,033.
Non-9-1-1 calls are up 10 percent to 30,472.
At the same time, the jail population has dropped from an average of 76 inmates to 72, though the female population has increased from 12 to 15.
The Sheriff expects the Commission of Correction to recommend adding seven corrections officers (which includes two supervisor positions).
More female inmates, since they must be housed at facilities in neighboring counties, could add $150,000 in expenses.
Genesee Justice currently has a caseload of 594. There were 203 new case files opened in the first quarter, compared to 214 a year ago.
The Child Advocacy Center handled 65 new cases, compared to 57 a year ago.
For Sheriff's Office administration, the Sheriff continues to work on fundraising for a new K-9. The villages of Bergen and Oakfield renewed their patrol contracts.
Maha anticipates a need for more seasonal deptuties to handle the Darien Lake concert series. Last year, there were 10 positions. He's requesting 15. Darien Lake reimburses the county for the cost of these positions.
Tom Hallock thought the weather good enough today -- the sun was out this morning -- to pull his '30 Ford roadster replica out of storage and take it for a drive. He stopped at the Pok-A-Dot for lunch. The car, originally from 1978, is built with an engine and interior out of a 1978 Ford Granada.
Speaking of the Dot, the famed diner's 60th Anniversary celebration is set for June 22, starting at 5 p.m. with live music.
UPDATE: Doug Call's full obituary can be viewed by clicking here.
Doug Call, whose noteworthy contributions to the people of Genesee County could take pages to list, passed away Sunday.
Call, 73, was a Democrat who was elected Sheriff in a Republican county, an innovator who helped found Genesee Justice, a former Stafford Town Justice, a minister, a volunteer on numerous civic committees, a former public safety director in Monroe County and twice a candidate for Congress.
"He was just one of the finest human beings God has ever put breath into," said attorney Michael Del Plato, who worked in private practice with Call for more than 20 years. "He was an honest, principled man in all respects -- his approach to people and his approach to the law and his overriding spirituality.
Call grew up in Stafford and his longtime assistant Mary Kay Casey said Call's farming background combined with is legal training made Call a very "grassroots" person who believed people should be involved in their community.
"I think he truly cared about where he lived and where he came from," Casey said.
Call is survived by his wife, Donna, and children Christopher, Matthew and Courtney Kennedy as well as several grandchildren.
Funeral arrangements are being handled by H.E. Turner and details are not yet available.
Call's time in the military sent him to Germany and Turkey and he was a judge for the Judge Advocate General's Office.
In the late 1970s, one the biggest issues confronting Genesee County was whether to build a new jail. Call, like many taxpayers, was against the idea.
He, along with Glenn Morton and Charles Graney, envisioned a system where people accused of certain crimes could be supervised while awaiting trial.
Running for Sheriff on a platform that would solve the jail population problem and save taxpayers money, Call became one of the few Democrats in modern times to win a countywide seat in Genesee County.
"You can either be the last county in the nation to build a 90-bed maximum security jail, or you can be the first to try to keep people out of jail by holding offenders accountable," Call wrote in a letter to the editor prior to the election.
Call, working with Morton and Graney, secured grants to create Genesee Justice and hired Dennis Wittman to run the program. (See The Genesee Justice Story).
Near the end of his second term, Call took a job in Monroe County as director of public safety. He relinquished his Sheriff's badge and recommended that Democratic Governor Mario Cuomo appoint Gary Maha, a Republican, to the position, which Cuomo did.
Maha remembers Call as a visionary.
He was the "father" of our current Genesee Justice Programs. Back then it was called "Community Service/Victim Assistance" and was primarily a tool for the judges to use (community service) rather than jail. The intent of the programs were to make the defendant accountable to the victim and community. The programs under Genesee Justice have expanded over the years. Doug also was the first in New York State to implement "DWI Checkpoints" and the protocols used by the Genesee County Sheriff's Office served as a model for other law enforcement agencies.
Besides running unsuccessfully for Congress after Barber Conable stepped down, Call also tried for a seat as Family Court judge. He did serve several terms as a Stafford Town Justice.
Call also served on committees related to the reconstruction of Dwyer Stadium and the hospital merger, plus other local committees and civic organizations.
"His contributes to the community and the organizations he volunteered for are innumerable," Del Plato said. "He was a man who gave his time and resources unselfishly for the better of his community and every organization he was involved in."
NOTE: We'll update this story when more information is released by Turner.
An investigation by members of the Local Drug Enforcement Task Force into alleged trafficking of marijuana in Batavia has led to the arrest of Vincent M. Eschenlauer, 22, of Lewiston Road, Batavia.
Agents allegedly found more than a pound of marijuana and $3,500 in cash at his residence.
Eschenlauer is charged with one count of criminal possession of marijuana, 2nd, a Class D felony.
Following arraignment, Eschenlauer was released under supervision of Genesee Justice.
Joshua Tyler Gilbert, 20, of Lewiston Road, Batavia, is charged with disorderly conduct. Gilbert was stopped at 8:20 p.m. Saturday on Route 77, Darien, by Deputy Joseph Corona for allegedly speeding. During the traffic stop, a warrant for Gilbert's arrest was discovered and he was taken into custody. Bail was set at $100.
Joseph Carl Jeffords, 22, of West Main Street, Le Roy, is charged with criminal impersonation, 2nd. Jeffords was reportedly the driver of a vehicle stopped at 11:24 p.m. Saturday on West Main Street Road, Batavia. Jeffords allegedly gave Deputy Patrick Reeves a false name during the traffic stop. Jeffords allegedly was driving without a valid NYS drivers license and has three suspensions. Jeffords was jailed on $1,000 bail.
Patrick Daniel Moore, 35, of Stouts Road, Elba, is charged with promoting prison contraband, 2nd. Moore allegedly possessed tobacco while confined at the Genesee County Jail.
Alexander Phillip Browne, 28, of Lake to Lake Road, Stanley, is charged with DWI, driving with a BAC of .08 or greater, speeding and refused pre-screen device. Browne was stopped at 12:46 a.m. Sunday on Route 5, Batavia, by Sgt. Thomas Sanfratello.
Richard Thomas Cooke, 44, of Hedley Street, Medina, is charged with petit larceny. Cooke is accused of stealing scrap from a location on West Main Street Road, Batavia. The property owner reportedly confronted Cooke. The suspect allegedly fled the scene in his pickup truck. Cooke was located later at his residence in Medina and taken into custody.
Two 17-year-old Batavia residents are charged with unlawful possession of marijuana. The two teens were located in a vehicle behind a shopping plaza on West Main Street, Batavia, by members of the Local Drug Task Force. A quantity of marijuana was allegedly spotted in the lap of one of the teens. Upon further investigation more marijuana was allegedly located in the vehicle.
Lisa Marie Harlach, 44, of Kelsey Road, lower, Batavia, is charged with harassment, 2nd. Harlach was arrested on a warrant for allegedly making verbal threats to kill or harm another person by use of a firearm.
Michael J. Penvose, 33, of 27 E. Main St., Le Roy, is charged with petit larceny. Penvose is accused of shoplifting from a business on West Avenue, Le Roy.
A former Le Roy resident who is accused of holding a kitchen knife to the chest of a Sheriff's Deputy last summer is getting a new attorney to handle her criminal case.
Her case may also be consolidated with the case against her husband stemming from the same incident.
Elaina Mead is charged with attempted aggravated assault on a police officer, a Class C felony, menacing a police officer, a Class D felony, and obstructing governmental administration.
Her husband, Donald Mead is charged with assault, 2nd, a Class D felony, criminal possession of a weapon and obstructing governmental administration.
The charges stem from events June 17 at 21 Maple Ave., Le Roy, when Deputy Matthew Butler went to the Mead residence, along with Le Roy PD Officer Emily Clark, to question Michael Mead about an alleged violation of a court order. When Butler reportedly tried to place Michael Mead under arrest, his parents allegedly became involved in a scuffle with Butler and Clark.
Mead allegedly came out of the kitchen with a knife and according to the officers, held it against Butler's chest. Clark reportedly knocked it away and sustained a very minor cut on her hand in the process.
In January, the 43-year-old Elaina entered a guilty plea on an Alford basis, to attempted menacing of a police officer. She would not admit to the factual allegations, but an Alford plea affords a defendant a chance to avoid a jury trial when the evidence seems strong and possibly more time in prison if convicted.
Last month, Elaina Mead withdrew her guilty plea.
Both Elaina and Donald Mead return to court in 10 days for Elaina's new attorney to take over the case and for a possible consolidation of the two cases.
Submitted by Bob Fussell:
It’s a mystery.
On 3-13-13 three trustees voted “no” to sell the Wiss Hotel to the Le Roy LLC for $10,000, and “yes” to pay a Grand Island demolition company $132,000 to destroy the building. The Board also paid almost $4,000 for an asbestos removal study, and will pay between $5,000 and $10,000 more to another company to monitor the air quality during the demolition, making a hit to the taxpayers of at least $151,000, and that’s only what they’ve committed to spend so far.
But it seems that only those three know why they cast those votes. (One of the “no” voters is a member of the Conservative Party, and another is a Republican - parties that say they strongly oppose spending taxpayer dollars.)
One of the three said, about his community, “we’ve gotten better” after other Village buildings were demolished. But, he didn’t tell us if Village taxpayer paid for those demolitions, or present any proof that Le Roy actually got “better” because of the demolitions.
Many Le Royans disagree with that trustee. They believe the demolition of those older buildings is, instead, directly related to our economic decline that’s been spiraling downward at an ever-increasing rate over the last 50 years. This decline, many believe, began decades ago when a mansion was demolished and replaced with what is now Save A Lot.
All three of the “no” voters said they gave the issue “a lot of thought” -- one claiming he “lost sleep over it.” Others claimed they spoke to a lot of “people” about the issue.
But what “people” did they talk to? And, what expertise and knowledge did these people have that convinced the three to vote to demolish?
Taxpayers don’t know the answers to those important questions because the three won’t answer them. (I specifically asked them and they refused to disclose the names of the people they spoke to, as if they were members of a secret club, instead of elected officials in a free and open democracy. I asked them to tell me who they spoke to, because all three admitted they aren’t experts in demolition or rehabilitation, so they had to get their knowledge and information from others.)
All three admit they “respect” the “hard work” done by the LLC. But, of course, that’s because the LLC earned their respect by doing much hard work, such as:
Hiring an outstanding architect to do a study to answer important questions, such as - (1) Is the structure of the Wiss too far gone to save? And (2) Can the restored building be profitable for investors?
That architect, Rick Hauser, could be the best person in Western New York to answer those questions. He not only obtained a master's degree in architecture from one of the top three architectural schools in America, the University of Virginia, after graduating from Cornell, and teaching architecture at Hobart University, but also, most importantly, has rehabbed buildings that were in much worse condition than the Wiss, and did it in a way that revitalized communities.
Former Le Roy mayor Jim DeLoose said in a comment on The Batavian that, “Le Roy has a very low-median income …. What a developer is willing to spend in Le Roy is much different than what they’re willing to spend in Fairport where the median income is approximately 3 times that of Le Roy’s.” This is an admission that Le Roy has reached such a sorry state of financial decline, that we can’t stand up to Walgreens and get it to construct an architecturally appealing building in our community –the kind of pharmacy stronger communities would require it to build. Our squat WALGREENS building, with its huge, bright neon signs, tells potential newcomers that Le Roy is too weak and poor to have an attractive pharmacy and encourages people, who might otherwise want to live, and pay taxes in Le Roy, to move elsewhere. (I doubt that Fairport’s median income was 3 times that of Le Roy’s in the past. If so, why has Le Roy declined while Fairport prospered? Is it possible that Fairport is better managed than Le Roy?)
And despite what some Le Royans claim, Mr. Hauser doesn’t need the Wiss, or Le Roy, to make a fine living. He’s got plenty of work elsewhere. Unfortunately for Le Roy, we need Rick Hauser, much more that Rick Hauser needs Le Roy.
After conducting his study, Mr. Hauser answered "no" to the first question the LLC asked him and "yes" to the second, so the LLC moved forward in its attempt to save, not just the Wiss, but Le Roy itself.
The LLC then consulted four highly respected local contractors, to investigate the issue -- Joe Condidorio, of Whitney East, Jerry McCoullough, of Ryan, Bryan Colton, of Master Care, and Jim Sickles, of Sickles Corporation. All investigated and agreed the project was doable, and showed interest in the restoration project.
The LLC also prompted research into the question of the owner of the land where the Wiss is located and learned that the State owns part of it, and that once the Wiss is demolished the size of the portion of land left for the construction of a new building will be smaller.
When the LLC asked the architect and contractors what it would cost to rebuild the Wiss after it was demolished, they said it would cost much more because, even though the building is a filthy, moldy mess, the building’s “shell” is still intact, meaning the new (smaller) building would have to be rebuilt from scratch. One contractor said that about 25% of the rehab work is already completed, because the foundation, and the rest of its shell are sound and straight.
One of the three “no” voters said he hopes the community can “respect” their decisions.
But respect is earned, and it takes more than just “thinking” and “talking” to unnamed “people” to earn the respect of the taxpayers – those who will ultimately pay the upcoming huge bills.
Maybe if the three would give us details of the “work” they performed before deciding to cast their “no” votes, they might earn respect.
Maybe if they told us, for example –
Just think –What if the three “no” voters worked for an independent businessman (instead of the taxpayers of our community) whose building was in serious need of repair and had the choice of accepting an offer to sell it for $10,000 or spending a bare minimum of $151,000, to demolish it. And this boss trusted the three to study the question, and to make the right decision. And what if the three came back to him several months later reporting only that they had, “thought about it to the point of losing sleep” and had talked to a lot of “people” and that based on this thinking and talking they rejected the offer to sell, and signed a contract to pay $141,000 of the boss’s money to destroy the building. And when the boss asked the three to tell him the names and qualifications of the people they spoke to before making their decision, the three refused, claiming the names were confidential. How, do you think that boss would react?
In this case, we taxpayers are the bosses of those three. What should we do with them?
It’s great that Le Royans are very concerned about their History.
But, don’t you think it's time we get as involved in our future as we are in our past?
The Genesee County Chamber of Commerce held a gala at the Clarion Hotel this evening to honor its 2012 award winners.
Above, Barb Toal accepts an award on behalf of Friends of the Batavia Peace Garden.
Jim Neider accepting his Genesean of the Year Award.
The award winners, Lois Gerace, Jim Neider, Jeremy Liles, Tim Call, Karen Green, Carol Grasso and Barb Toal.
Below, our stories about the winners:
To purchase prints of these photos, click here.
Le Roy Christian Community Project hosted its first ever dodge ball tournament today at the former Holy Family School in Le Roy.
The event drew eight teams and raised more than $1,000 to benefit LCCP.
The winning team was Squad Grey, manned by Bobby Humphrey, Greg Humphrey, Ian Humphrey, Mike Humphrey, Quentin Humphrey, Brian Humphrey and Jim Burns.
To purchase prints of these photos, click here.
A woman was injured in an ATV accident near the old West Shore tracks near West Sweden Road, Bergen.
The woman suffered a head injury and is not alert.
Bergen fire and Mercy EMS dispatched.
UPDATE 4:42 p.m.: A chief is out with the victim at West Shore and Route 19.
UPDATE 4:43 p.m.: Checking on Mercy Flight availability.
UPDATE 4:45 p.m.: Mercy Flight not required. The patient will be taken to Route 33 and Route 19 to meet up with Mercy EMS.
UPDATE 4:52 p.m.: Mercy Flight now requested to Route 19 and Hunter Street.
UPDATE 4:55 p.m.: Patient transported by ground ambulance.
Corfu Mayor Ralph Peterson may have won the 2013 election by a mere two votes, but it was clear Friday night that whatever support he once had in Corfu has largely evaporated over the course of his two weeks in office.
Following a week in which he has come under increasing attack by fellow trustees and Corfu residents, not one resident showed up to Friday's evening meeting to support Peterson, even though it was clear beforehand that his leadership would be challenged.
Peterson told trustees shortly before the meeting that he had a court appearance to attend, even though 24 hours earlier he indicated he would attend the meeting.
Prior to the meeting, Trustee Ken Lauer made it publicly known that he would ask Peterson to resign, and the first action of the meeting was a motion by Lauer demanding Peterson give up his office.
The motion failed 2-1. Deputy Mayor David Bielec has been out of town all week and also missed Friday's meeting. With Peterson absent, any motion would need the three votes of all three present trustees to pass.
Trustee Art Ianni voted against the motion, he said, merely on the principle that a man with only a week or two on the job shouldn't be tossed aside, but should be given a chance to improve his performance.
More significantly, Keith Busch, who ran on the Corfu-only party line of the Corfu United Party with Peterson, supported the motion asking Peterson to resign.
When residents challenged Ianni's "support" of Peterson, Lauer jumped to Ianni's defense and said he didn't read Ianni's position as one of support of Peterson, but rather a position based on principle.
Ianni had said he never had a problem with Peterson while Peterson was a trustee, and Lauer defended that statement as well.
"Rosie has come up with many good ideas," Lauer said. "He did many good things, he's just going through a rough time right now."
Ianni is still willing to give Peterson the benefit of the doubt and have a chance to redeem himself.
"I saw a newly elected official kind of push his way through office and it's a shame he did it," Ianni said.
Both Ianni and Busch supported every motion that followed the resignation motion, all of which ran against Peterson's prior actions or statements as mayor.
All three present trustees supported reappointing Sandra Thomas and Denise Beal to the clerk's office.
The mayor had tried to tell the two women on Tuesday, by his own admission, that they wouldn't be reappointed. Witnesses say Peterson fired the clerk/treasurer and assistant.
With the support of the majority of trustees, both Thomas and Beal have been promised jobs for at least the next two years.
It's still unclear if Thomas and Beal will return to work, if they do, trustees promised they will be welcomed back with no penalty and full pay for the time they've missed during the week of turmoil.
If they don't return, Lauer said, the board will be faced with no option but to try and hire new clerk and treasurer staff because village business must still take place, including completing a village budget and applying for a long-anticipated grant to complete a sewer project.
The trustees also voted 3-0 to reappoint Mark Boylan as attorney for the village.
On Monday, Peterson tried to push through Kevin Earl as the new village attorney. The motion to appoint Earl was mishandled and for much of the next several days it was unclear who exactly filled the village attorney position. This afternoon, Earl e-mailed the trustees and said even if the board held a new vote to appoint him, he would decline the position.
The board also passed a motion 3-0 demanding that Peterson have no further contact with village employees. The resolution is probably unenforceable because Peterson is the elected mayor, but if Peterson does contact an employee and the employee files a harassment complaint, the village will not provide legal assistance to Peterson if he is sued.
The village board is scheduled to meet again at 6:30 p.m., Monday.
During the meeting residents passed a petition they intend to send to Governor Andrew Cuomo asking Cuomo to remove Peterson from office.
"What we have to do as community is all stand together," said former Mayor Todd Skeet near the end of the meeting. "Maybe we go door-to-door and maybe we get everyone on this campaign. Like I said, the people of this community and this village put this man in power. The only way this man can be taken out is by the people in this community. Each meeting, it looks like more and more people are coming. That is good. Let's keep it up and we work together to ask this guy to step down."
Top photo: Lauer, Ianni and Busch. Bottom, a resident signs a petition asking Gov. Andrew Cuomo to remove Peterson from office.
Previously:
The situation has gotten to the point in Corfu, Trustee Ken Lauer believes, that Mayor Ralph Peterson should step down.
Lauer e-mailed Peterson this morning asking him to resign and Lauer plans to restate his request at a village budget meeting scheduled for 6:30 p.m.
Lauer said he believes that while Peterson has been on the job for only about two weeks, he's already been caught lying, has taken action contrary to agreements with the other trustees and made it difficult for the village to operate in an effective and efficient manner.
Mayor Ralph Peterson (file photo)"We as a board have addressed the issues that have been caused by the mayor," Lauer said. "No one else has caused them. Absolutely no one, except the mayor. He's taken responsibility and claimed he's new to the thing and learning and he apologizes. We've accepted those. I accepted those, but up to a point."
The tipping point, Lauer said, came this morning
According to Lauer the trustees and the mayor reached an agreement to allow Sandra Thomas and Denise Beal to take the weekend to decide whether to return to work.
Thomas and Beal were either fired Wednesday by Peterson or they walked out of their jobs, depending on who's version of events you believe.
This morning, according to an e-mail shared with The Batavian by Lauer, Peterson wrote to attorney Kevin Earl asking for advice on how to get new personnel into the clerk's office Monday morning.
Lauer feels Peterson is ignoring a prior agreement with the other trustees and replace Thomas and Beal before they've been given a fair chance to return to work.
In an e-mail that appears to be from Peterson to Earl, Peterson writes, "Sandy walked off the job with the misunderstanding of being fired. She has been contacted several times informing her she has a job and return to work and she has not. What actions can be taken? How many day are required to have a job abandonment situation."
It's Lauer's understanding that Mark Boylan is still the attorney for the village, not Earl, because Earl was not duly appointed earlier this week.
Among Lauer's complaints is that Peterson is unilaterally contacted legal council and asked for advice, causing the village to run up legal fees without board concurrence. That's exactly the kind of activity that Peterson accused former mayor Todd Skeet of taking, Lauer noted.
"You might want to know that the residents of the village are very disgruntled with you and will be using their rights to ask the Supreme Court and Governor of the State to remove you as Mayor," Lauer wrote in his e-mail. "I would ask that you seriously consider resigning from your position as Mayor before more harm and legal costs are created and borne by the residents of the Village of Corfu."
Last night Peterson said he was done talking with The Batavian. We sent him a text message this afternoon asking for comment on Lauer's request that he resign and so far have not received a response.
It's Lauer's belief, he said, that Peterson's actions are meant as a smoke screen to divert attention -- if not actually attempt to conceal evidence -- away from the current Commission on Judicial Conduct investigation, and apparent -- now -- criminal investigation, over the alleged disappearance of funds from the court of former Village Justice Robert Alexander.
More than a year ago, a state audit alleged that at least $10,000, if not more, is missing and unaccounted for from the coffers of the court.
Alexander's daughter, Brandi Watts, was clerk for Alexander at the time the money allegedly went missing.
Much of the conflict on the board of trustees between Peterson and former mayor Todd Skeet along with former trustee Al Graham started about the time allegations of misappropriations first arose.
Peterson and Alexander are reportedly friends.
According to a letter sent to Peterson on Wednesday by Donald G. O'Geen, district attorney for Wyoming County, there is a criminal investigation being under taken in the case.
O'Geen is acting as a Special District Attorney since the Genesee County District Attorney's Office may have a conflict of interest. The local DA's office has previously tried cases in Alexander's courtroom. Alexander is also still a justice for the Town of Pembroke and the local DA's office must try cases in the Pembroke Town Court.
The letter from O'Geen follows a complaint filed Monday by Thomas and Beal that Peterson had been pressuring them to give up their passwords to the village computer system.
The village system acts as a back up for the court sytem and has court records on it.
"It has come to my attention through numerous sources that you and the other members of the board wish to secure documents and/or records pertain to the court," O'Geen wrote in his letter. "I am putting you all on notice that any actions, regardless of intentions, that may impair, obstruct or tamper with any items relevant to court operations may be grounds for action by the Genesee County Grand Jury. Please do not make copies, remove, or touch in any way, court documents or any court business records, including equipment until further notice. Any such action may be deemed to be an action to tamper with physical evidence. You should be aware that every record of the court sytem that currently exists may be used in an official proceeding at some point in the future."
O'Geen continues, "It is clear from your actions prior to and after the election that you may be biased toward one side or the other in this investigation and any actions on your part or on the board's behalf may present a very clear appearance of impropriety."
O'Geen also warned Peterson not to take any administrative action that could be construed as tampering with witnesses.
Current court personnel as well as village staff are potential witnesses in the case.
In the e-mail Peterson appears to have sent to Earl this morning, Peterson wrote, "I am concerned that the actions of the office personnel saying I fired them, the delay of allowing me access to the computers are related to this (O'Geen's) letter. I was not aware there was sensitive investigation information on the Village computers. If there was why didn't they remove it before I took office they had two weeks to do it! There seems to be a plot of some kind here."
Lauer also shared an e-mail exchange he had with O'Geen. Lauer asked if the DA's investigation extended to the village, not just the village court.
"The other aspects of the village are not being investigated but the way things are going you never know," O'Geen wrote. "The only non-court related property that I am concerned with is the Village Clerk and/or Deputy Village Clerk's computer because apparently there may be back up court records on either of those and the fact that someone had tried to gain access at 1:15 in the morning two days ago indicates to me that this probably the case."
A Maple Street resident heard noises, became suspicious and wound up in a scuffle with a pair of apparent burglars overnight and Batavia PD is looking for information that might lead to the arrest of the perpetrators.
The call of a disturbance on Maple came in about 3 a.m.
The neighbor knew an apartment should have been unoccupied at the time and upon investigating found two people trying to flee from the residence. He confronted them and became involved in a physical altercation with at least one of the suspects.
The suspect is likely to have a facial injury, according to BPD.
Both suspects are white males. One was wearing a dark colored hooded sweatshirt. The other was described as approximately 5’8” in height, with black hair and wearing a dark blue hooded sweat shirt and blue jeans.
Reportedly stolen was a gray personal safe containing a quantity of cash and medications.
BPD can be reached at (585) 345-6350 and the confidential tip line is (585) 345-6370.
This is one of a series of articles highlighting the winners of the Genesee County Chamber of Commerce awards for 2012. The awards gala is Saturday evening at the Clarion Hotel.
In Tim Call's mind, there's little separation between the success of Empire Tractor and the hard work and dedication of the company's employees.
Whether it's sales or customer service, the conversation with Call either starts or ends with praise for Empire's 112 employees at six Central and Western New York locations.
"We have some of the most friendly and knowledgeable people in the industry," Call said.
Eighteen years ago, Call acquired a company on East Main Street Road, Batavia, then known at Tri-State Tractor. Through growth and partnerships, Tri-State became Empire and is one of the most successful farm equipment companies in the region.
Customers of Empire range from people with just an acre of land to farmers with 10,000 acres of land, Call said. The company doesn't handle push mowers or weed eaters, but the guy with just an acre of lawn to mow can get a nice zero-turn rider while the largest grain farmer in the area can buy the biggest tractor you can imagine.
In May, 2011, Empire moved to a bigger facility on East Main Road that gave Empire more room and paved surfaces that makes the whole business look more attractive.
"Everything is clean and everything just displays so well," Call said. "It's given us a whole different image and it's helped us increase our sales."
The entire service operation is now under one roof, Call said, which helps improve efficiency.
Even with the better facility, it's the people at Empire who make the sales process work, Call said.
"We want a sales process that is easy and fun and not too hard," Call said. "People buy from people and we try to remember that. When a farmer comes in, however much money he's spending, that's a lot of money to him to spend and we want him to feel happy and comfortable and satisfied that he got a reasonable deal."
Some employees have been with the company for more than 30 years, and that's saying something, Call said, especially for those who deal with farmers who had a piece of equipment break down.
When a farmer has to come into the shop because of a broken tractor or broken combine, it means he or she is not out in the field plowing or harvesting or herding. It means work that must get done isn't getting done.
"It's the employees who take care of customers every day," Call said. "A farmer comes in because he's broke down and he's not happy. There's a lot of thankless chores and when you're dealing with a guy who's beating on you and you're trying to be happy and upbeat, well, our guys are pretty darn good at that."
Good employees and a pleasant experience are so key to success in the competitive farm equipment business, Call said.
"Most of our business is referral, and if a customer has a bad experience, he's not going to come back and he's going to tell his friends," Call said. "We've done everything we can to try and make it easy for people to do business with us."
The village office in Corfu will open tomorrow morning, but rather than being staffed by longtime Clerk Treasurer Sandra Thomas and assistant Denise Beal, Trustee Ken Lauer said he expects he will be answering phones and handling whatever business he can.
The trustees held a budget meeting Thursday night, but didn't address the clerk situation in public session.
After the meeting Lauer agreed to discuss the clerk issue and said the actual employment situation with Thomas and Beal has yet to be resolved.
He said he's hopeful they will return to work. He said he spoke with both of them Wednesday night and had "productive" conversations, but he all he knows is they are considering their options.
On Monday, Thomas and Beal filed a complaint through Lauer against Mayor Ralph Peterson, accusing Peterson of trying to pressure them into handing over their computer passwords.
On Wednesday, Peterson showed up at the village office and by the time he left, Thomas and Beal had packed up their belongings and turned in their keys.
Whether the two women were fired or walked out is a fact in dispute between Peterson and people who say they witnessed the exchange.
We initially tried to ask Peterson, after the meeting, about the clerk situation and he said he was done talking with The Batavian and silently packed up his briefcase.
Trustee Art Ianni said he had "no statement" on the matter.
The budget meeting was held entirely in closed session.
Prior to going into closed session, Peterson said the session was being held to discuss personnel matters, specifically to talk about salary considerations with the two highway department employees.
More than an hour later, the trustees emerged (some 10 minutes after the two employees had left the meeting) and reported to community members at the meeting what they had discussed.
Besides the two employees agreeing to a cut in pay, Peterson said the trustees also agreed to sell some surplus equipment, expecting to raise $26,000, and cut $3,000 from the equipment budget.
Resident Greg Lang objected to the non-personnel issues being discussed in closed session as a possible violation of the New York Open Meeting Law.
Ianni said, "You know how it is. You get into a discussion and it just starts to flow."
Lauer almost didn't make the meeting.
When the meeting was first called to order, Peterson said, "Where's Ken?"
After Peterson, Ianni and Keith Busch went into closed session, former trustee Al Graham called Lauer and when Graham came back in the room he said Lauer told him that Peterson had called him earlier to say the meeting was canceled.
Lauer confirmed later he did receive such a call from Peterson. He also said Peterson had tried calling him just prior to the meeting but didn't leave a message.
Once Lauer arrived, Lauer said that Peterson apologized, but didn't elaborate.
Copyright © 2008-2022 The Batavian. All Rights Reserved. Privacy Policy | Terms of Service
