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A resident in an apartment at 89 Colony Run, Attica, reports the smell of smoke in the dwelling.

Alexander Fire Department along with Attica being dispatched.

UPDATE 8:04 p.m.: Both Attica and Alexander chiefs on scene. Assignment being held to one truck from each department.

UPDATE 8:15 p.m.: Alexander assignment back in service. No smell of smoke found.

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UPDATED 12:44 p.m.

Genesee County gained 300 non-farm jobs in February over January, according to NYS Department of Labor statistics.

For February 2011, there were 22,200 non-farm jobs reported in Genesee County compared to 21,900 in January.

Meanwhile, the unemployment rate dropped month-over-month from 9 percent to 8.7. That is down from February 2010 when it was 9.5 percent.

That's still higher than the 12-month low of 6.4 percent in August 2010.

The 12-month high in jobs is 24,400 in June 2010.

Month-over-month, manufacturing jobs held steady at 2,800, and up from 2,700 in February 2010.

Private-sector service jobs also held steady at 12,300 -- up from 12,100 in February 2010.

Government jobs grew from 6,000 to 6,300.

There are 33,300 people -- up 100 from January -- in Genesee County's labor force. The total number of people employed is 29,500. That's up 200 from January.

Press Release:

The 2011-12 state budget made a number of positive strides toward the significant reforms New Yorkers have demanded and rightfully deserved. Unfortunately, this spending plan falls short in several key areas, representing a missed opportunity for the Legislature to heed the call of the state’s taxpayers.

Continuing an unacceptable trend, the formula used to determine education aid once again unfairly impacts Western New York’s schoolchildren. Time after time, we see our students shoulder an unfair portion of funding cuts in an effort to support downstate school districts. This budget repeats those mistakes of old that have plagued our children for far too long. Furthermore, this legislation shifts costs for essential services like special education to individual school districts, driving up the cost of local government and, in turn, the cost to the taxpayer.

In addition, this spending plan reduces funding for the judiciary branch but fails to do the same for the Legislature. I believe the Assembly could find efficiencies and cost savings within numerous administrative operations involved with the chamber. State government should not be asking children, families and businesses to tighten their belts if we are not prepared to do so as well.

However, this budget did make a variety of much-needed improvements to the state of affairs in New York. Vital restorations have been made to protect the services that benefit our most vulnerable citizens, such as funding for elderly abuse prevention programs and EPIC prescription drug payments. The appointment of regional Economic Development councils will renew New York’s focus on stimulating our economy with targeted planning, rather than an ill-advised, one-size-fits-all policy. Along with significant reforms to the Medicaid system that will result in savings both now and in the long-term, this budget certainly has its share of positive aspects.

When all is said and done, this budget has taken baby steps in the right direction, rather than a substantial leap forward. I hope that the Legislature can build on the progress we have made here today and continue this momentum toward putting New York on the road to recovery.

A person has suffered minor injuries, but is trapped in his car after a rollover accident on the Thruway in the area of mile marker 388, westbound lane.

The driver conscious and alert and talking with emergency dispatch.

He is injured and unable to get out of the car.

Town of Batavia Fire Department and Mercy EMS dispatched.

UPDATE 11:58 p.m.: The vehicle is on its wheels. "We will need to have the door popped," a Mercy medic informs a Batavia chief.

When I drove by the Batavia Police HQ this afternoon, I spotted a new sign out front.

Police believe Justice D. Osborne, 15, of 104 Pearl St., Batavia, has run away from home and neither her parents nor police can locate her. They are asking for the public's help in finding her.

There is no indication of forcible abduction.

She is  5’2”, 140 pounds. At the present time her black hair has long straight extensions. She was last seen wearing a gray hoodie, blue jeans and purple skate sneakers.

Anyone with information or who has seen Justice since her disappearance is asked to please call the Batavia Police at 345-6350.     

The photo is the most recent picture of Justice showing her new hair extensions.

Also, a press release from Hochul's campaign:

“While America’s small businesses are doing everything they can to stay afloat and create jobs, one of our nation’s corporate giants has found the loopholes that help them avoid paying their fair share of taxes,” said Kathy Hochul, candidate in New York’s 26th Congressional District.

“Once elected, I will fight for our small businesses and work to ensure we close the corporate tax loopholes that allowed General Electric to report a 2010 worldwide profit of $14.2 billion, without paying a single dollar in American taxes. In fact, due to G.E.’s intense lobbying efforts and slick accounting, the company was able to claim a $3.2 billion tax benefit – money that could have been invested in small businesses that create jobs here at home.

“The fact that every taxpayer in the 26th District paid more in taxes last year than General Electric is plain wrong. It’s time we overhaul our tax code. Without many of their tax breaks, G.E. would currently have thousands and thousands of more jobs here in the U.S. So we must end the tax breaks to companies that ship jobs overseas and instead invest in local businesses that create jobs for hard working American families.”

Voters in Batavia today rejected a proposal to upgrade Van Detta Stadium and the athletic fields at John Kennedy School by a vote of 542 to 982.

With more than 1,500 voters, the turn out dwarfed what Business Administrator Scott Rozanski said is typical for a school district budget vote or board election. He said typically, turn out is about 600 people.

The proposal would have cost taxpayers about $110,000 more per year. It would have upgraded the stands at Van Detta as well as the locker rooms and showers, but most notably it would have converted the field to artificial turf.

The entire project was expected to cost $3.9 million.

A utility or electricity pole is on fire in the area of 8862 Route 98, near Rose Road, Batavia.

A deputy on scene says the fire is touching a high tension line that seems to be burning.

The pole looks like a newly installed pole, as recently as today.

Town of Batavia Fire is responding with Engine 24.

UPDATE 7:27 p.m.: The fire has burned itself out. National Grid has been notified, no ETA given, but it should easily be able to spot the charred pole, according to responders.

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The city's revenue from Falleti Ice Arena is expected to double under terms of a new lease negotiated with Firland Management.

Lease payments will jump from $7,000 a year to $15,000 a year and by the fourth year of the lease, reaching $20,000 per year.

Proceeds from the lease, Batavia City Manager Jason Molino said, are held in reserve.

“Those funds are to be put into a capital improvement fund for capital improvements that may need to be done to the facility that the city is responsible for at a later point in time," Molino said.

The city council is expected to approve the lease at its next business meeting.

(via WBTA)

Attorney Jerry Ader told a jury this afternoon that the case against his client rested on whether they believed the woman who claimed the defendant attacked her at knife point in her State Street apartment on Aug. 30.

After less than an hour of deliberation, the jury found Robert Thigpen III, 35, of 287 Flower City Park, Rochester, not guilty on all charges.

Thigpen was arrested in Batavia on Aug. 30 and charged with burglary, 2nd, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. 

"There are only certain things can all agree on," Ader said as he began his closing argument. "We can agree Thigpen is black and Morgan is white, and that’s the only thing we can agree on in this case. There is nothing (else) about this case that is black and white."

Ader said if the jury didn't believe Christy Morgan's version of events, there was no physical evidence supporting the case against Thigpen. There were no fingerprints on the knife allegedly used by Thigpen, which was put back in a knife rack in the kitchen, and no evidence Morgan was harmed. He also said that there was no evidence a car parked two blocks from the alleged crime scene belonged to Thigpen.

Thigpen also allegedly made threatening and harassing phone calls to Morgan after his arrest. Ader said there was no evidence to support those claims either.

In his closing arguments, District Attorney Lawrence Friedman said police found Thigpen not far from the scene hot and sweaty -- perhaps he had been running, Friedman suggested -- after first being seen as he approached a car parked on Alva Place.

He suggested it isn't reasonable for there to be an answering-machine recording of mobile phone conservations and said, contrary to what Ader argued, that Morgan did not claim she received text messages.

Friedman also noted there was expert testimony explaining why that particular knife Thigpen was accused of using wouldn't have fingerprints on it.

What the defense was really trying to do, Friedman argued, was put the victim and the police on trial.

"People who lie have a reason to lie," Friedman said. "Why would she be making this up? This was her boyfriend a month earlier, so why would she make it up?"

Morgan testified that she went outside the evening of Aug. 30 to take her trash out and a man was hiding by the basement door of her apartment building. He then forced his way into her apartment, pushed her around, choked her, then grabbed a knife from the kitchen and threatened her with it for about a minute. He then put the knife back in its place in the kitchen and left.

Morgan testified that Thigpen was accusing her of being involved with another man.

She said didn't call 9-1-1 herself because a few days before she had dropped her phone in some Kool-Aid, so the buttons were stuck. She used the recent call list to call two friends and asked them to call 9-1-1.

The trial took only one day -- jury selection was Monday and opening arguments began shortly after 10 a.m., Tuesday.

Batavia High School continued its dominance in mock trial competition taking both of its matches in Geneseo on Monday, scoring 107 points.

Batavia will now face Warsaw tomorrow in Warsaw in the finals.

In the first round Monday, Batavia defeated Warsaw 56-54, and then defeated Byron-Bergen 51-44.  

Warsaw beat Pembroke 51-46.

Warsaw, Pembroke and Avon were all 1-1, but Warsaw made the finals on points with 105. Avon had 103 and Pembroke 93. Byron-Bergen was 0-2 with 98 points.

Points are based on a scoring system for the actions during the trial of the individual team members and are scored by the judge. The judge is not told what teams are involved in the competition.

More than a year after his arrest, a 33-year-old Warsaw man was told today that he will spend a year in prison for grand larceny for his part in a complicated scheme to steal from employers and customers at three different Batavia businesses.

As part of his plea agreement, Dustin Hurlburt paid $14,739.92 in restitution to his victims.

Hurlburt was accused of making more than $22,000 in purchases at Armor Building Supply, where he worked, using credit card numbers he obtained while employed as a full-service gas station attendant.

The purchases were made for a local building site, where Hurlburt acted as a contractor. He then billed the customers for the items he bought using the stolen credit card numbers.

The alleged purchases were made between October 2009 and December 2009. 

In connection with that case, Nicholas Salvador, 46, of 20 Park Ave., Batavia, owner of East Main Sunoco, was charged in federal court with fraud. Those charges were quickly dismissed.

Meanwhile, a Rochester law firm, Leclair Korona Giordano Cole, LLP, announced today that their client, Robert Burt, won a civil case in which he was being sued by victims of a "Ponzi scheme" centered in Perry and reportedly run by Hurlburt.

In connection to that case, Hurlburt entered a guilty to federal mail fraud charges charges in 2005. The scheme operated from 2001 through 2003.

One of these days, Oakfield's 96-year-old water tower could just simply burst open. 

Everybody agrees, it needs to be replaced, and soon.

Village officials have been working toward that goal, but recent events have created a quagmire that had about 40 residents packing the village hall Monday night to sound off about how the situation is being handled.

At its March 14 meeting, the village board approved a purchase offer on a 10-acre parcel off Coe Avenue as a location for a new water tower.

That purchase has sparked accusations of secret meetings, overpayment for the property, poor legal advice and concern that the village board is heading in a direction that will cost village rate payers and taxpayers a lot more money in years to come.

"This would not have happened on my watch," said former Oakfield mayor and current county Legislator Ray Cianfrini, looking directly at Oakfield Mayor Rick Pastecki. "You did not do your due diligence. You owe it to the community to do your due diligence when you take on a project of this magnitude."

Pastecki opened the meeting with a written statement explaining the events of the past five weeks.

Problems started, he said, when the village learned that the Town of Oakfield said it would not take title to a piece of property next to Oakfield-Alabama Central School, owned by Lamb Farms, for a new water tower.

The village would have to take title. And if it did, village attorney David DiMatteo informed the board, the Town of Oakfield could levy taxes against the property, and so could the county and the school district. 

Those taxes, on a water tower worth more than $1 million, could exceed $37,000 annually.

Near the end of the meeting, Pastecki pointed to the City of Batavia's Country Mall as an example of bad decisions that leave people in the future shaking their heads, wondering, "What were they thinking?"

"What we have done, we have done in good faith, trying to avoid any tax liability that we have no control over," Pastecki said. "We didn't want to add that burden in addition to the burden of water rates going up."

Several times, Pastecki emphasized that he's really concerned about what the school district might do in regard to taxes, because schools are increasingly desperate for revenue.

With the fear of high taxes -- and the prospect of losing a $600,000 state grant if a tower location was not quickly identified -- the board voted, following a closed session, to purchase the Coe Avenue property for $139,000.

The real estate deal has set people off. It feeds a perception in the community that the purchase was made in secret. Also, some residents question the parcel's suitability for erecting a new water tower: because of potential environmental problems there; the specter of it being an eyesore; and its distance from any foreseeable growth in Oakfield's population.

Several residents, including real estate investor Jeremy Yasses, said the village overpaid for the property.

The assessed value is $79,000 and some village residents spoke about a local nonprofit group that once had a purchase offer in place for the property for less than that amount, but the deal fell through.

"We know what that purchase price was," Yasses said, "and it wasn't $139,000."

He estimated the village overpaid by about $100,000 and questioned whether the village would ever be able to get its money back if the tower isn't built there.

The village attorney was not at the meeting. According to Pastecki, DiMatteo made only one offer for the property, $139,000, and it was accepted.

The purchase agreement includes no contingencies that would allow the village to get out of the purchase if the tower cannot be built at that location.

Pastecki said nobody considered it necessary to include contingencies.

"That's where we're going to put the water tower," Pastecki said.

The land, however, has an old residence on it that may contain asbestos. The site is landlocked and there are questions about accessibility. There used to be a greenhouse on it, whose proprietors may have left behind a buried fuel tank.

And while Pastecki said U.S. Gypsum's old underground mine shafts don't extend that far west, Cianfrini said he isn't so sure (after U.S. Gypsum shut down in Oakfield, the village acquired mine maps, Cianfrini said after the meeting, but it isn't clear if the maps are 100-percent accurate).

"I think you bought a pig in a poke," Cianfrini said. "You really don't know what you've got here."

Yasses and others said the the village board got bad advice from its attorney on the purchase.

"He should either resign or be fired," Yasses said.

At a previous meeting, Town of Batavia Engineer Steve Mountain spoke to the board about the possibility of extending a 12-inch public water line up Route 63 into the village.

Such a line would meet the current water needs of the village and handle growth for up to 1,000 more people.

Even so, Mountain said, apparently, the village would still need to build a water tower at some point.

Pastecki said that statement is what convinced the board to move forward with purchase of the Coe Avenue property. And with the cost of steel going up, it didn't make sense to wait to build a water tower.

But board members also admitted that they weren't really clear on what Mountain meant by the statement that a 12-inch line would meet current village needs, be less expensive and handle modest population growth.

There has long been discussion about the Town of Alabama buying water from the village, but Alabama has backed away from helping to pay for a water tower.

A Coe Avenue site wouldn't have enough capacity to meet the needs of both communities, nor would a 12-inch public water line extension.

So if neither is wholly suitable, why not just go with the less expensive water line? This question was first raised by Town of Oakfield Board Member Mike Cianfrini. But it wasn't really dealt with until near the end of the meeting when it was revisited by Kevin Skelton.

"We need to take care of the immediate problem," Skelton said. "If we think there will be considerable growth around here, then we should think about a plan for the future. For now, we should find the quickest way to solve the problem."

Pastecki said the board will consider everything people at the meeting had to say about the issue and review its options again.

A Rochester man, who was reportedly found in Batavia with 22 bags of crack cocaine when he was arrested in August, admitted to possessing a controlled substance in Genesee County Court this morning.

Willie J. Woods Jr., 36, entered a guilty plea of criminal possession and possession of a controlled substance, 5th. He faces up to two and a half years in state prison when he is sentenced June 20.

Woods was stopped in August by members of the Local Drug Task Force and uniformed deputies before pulling onto the Thruway. 

His arrest was the culmination of an investigation to the sale and distribution of cocaine in Batavia.

Woods was allegedly found with $2,000 cash on him at the time of his arrest.

One of Batavia's most historic landmarks, the Pontillo's sign on the pizzeria at the corner of East Main Street and Harvester Avenue, was removed this morning and replaced by a "Batavia's Original Pizzeria" sign.

Three investors from Rochester bought the former Pontillo's location and opened it as Pontillo's in early 2010, but they were served with a trademark infringement suit in September.

In early December, the name of the business was changed to Batavia's Original Pizzeria.

The new sign says Batavia's Original was established in 1947.

The original Pontillo's closed in the fall of 2008 and the property was eventually sold at a foreclosure auction. The Rochester investors purchased the property from the bank that bought it at auction. (Financial history covered in this story.)

Sam Pontillo, son of Salvatore and Elizabeth Pontillo, is manager of Batavia's Original.

The Le Roy Pontillo's location was closed a couple of months ago and Sam Pontillo reportedly removed all of the equipment. His brother, John Pontillo, may be planning to open another pizzeria at that location. John currently operates a pizzeria in Geneseo.

A 35-year-old Byron resident is facing 101 charges related to possessing and receiving prescription drugs in four Genesee County jurisdictions.

Sege D. Kalmbacher Sr., was taken into custody by the Local Drug Task Force and arraigned in City of Batavia, Town of Batavia, Le Roy and Pembroke. He was jailed on $50,000 bail.

Kalmbacher was identified as a suspect during an investigation into the theft and use of prescription drug forms. The case began when Le Roy Police received a complaint from a pharmacy in the village of somebody using a forged prescription.

A computer was reportedly used to create the prescriptions.

Task force investigators allege that Kalmbacher was able to successfully fill several prescriptions for narcotics at area pharmacies using the forged forms going back to December.

Kalmbacher was charged as follows:

City of Batavia: Eight counts of criminal possession of a controlled substance, 3rd, for receiving narcotics on nine different occasions; eight counts of possession of a forged instrument, 2nd; eight counts of criminal possession of stolen property, 5th; eight counts of criminal possession of a forged instrument; and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

Town of Batavia: Nine counts of criminal possession of a controlled substance, 3rd, for allegedly receiving narcotic drugs on nine different occasions in the Town of Batavia; nine counts of possession of a forged instrument, 2nd; nine counts of criminal possession of stolen property, 5th; and nine counts criminal possession of a forged instrument and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

Village of Le Roy: Three counts of criminal possession of a controlled substance, 3rd, for allegedly receiving narcotic drugs on four different occasions in the Village of Le Roy; four counts of possession of a forged instrument, 2nd; four counts of criminal possession of stolen property, 5th; and four counts of criminal possession of a forged instrument and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

Town of Pembroke: Four counts of criminal possession of a controlled substance, 3rd, for allegedly receiving narcotic drugs on four different occasions occasions occasions in the Town of Pembroke; four counts of possession of a forged instrument, 2nd; four counts of criminal possession of stolen property, 5th; and four counts of criminal possession of a forged instrument and criminal possession of stolen property for allegedly submitting nine stolen and forged prescription forms.

In Pembroke, Kalmbacher was also charged with 27 counts of computer trespass for using a computer he did not have permission to use to create prescription drug forms.

David Lee Brown, 19, no permenant address, is charged with uninspected motor vehicle, unregistered motor vehicle, uninsured motor vehicle, improper license plates and unlawful possession of marijuana, plus he was arrested on a felony warrant. Brown was stopped during a Buckle Up New York traffic detail. During the investigation, he was identied as wanted on a warrant out of Monroe County for alleged violation of probation. During a search of his vehicle, Sgt. Tom Sanfratello and Deputy Chris Parker reportedly found a glass pipe with marijuana in it.

Gregory John Campbell, 43, of Alexander, is charged with criminal possession of a controlled substance, 7th. Campbell was allegedly found in possession of a controlled substance without a prescription. Campbell was jailed on $500 bail.

Joshua M. Gaudiso, 22, of Fillmore Avenue, Caledonia, was charged with endangering the welfare of a child and arrested on a warrant. Gaudiso was released after paying an outstanding fine.

Zoe Ann McClure, 41, of South Swan Street, Batavia, is charged with petit larceny. McClure is accused of shoplifting from Kmart at 5:51 p.m., Monday.