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Burglar caught in the act on Summit Street faces prison term after guilty plea

By Howard B. Owens

A Le Roy resident caught in the act of a residential burglary in Batavia while under surveillance by police detectives has accepted a plea deal that could send him to prison from five to 15 years.

Russell P. Cessna, 24, of 18 Pleasant St., Le Roy, came under suspicion following a tip to local law enforcement, who began monitoring his activities. 

He was a suspect in a number of burglaries in Le Roy, Stafford Pavilion and Batavia.

After Cessna broke into a house on Summit Street, he was apprehended.

Today, Cessna entered a guilty plea to two counts of burglary in the second degree in satisfaction of all 15 charges against him. The charges included burglary, grand larceny, criminal mischief and petit larceny.

Sentencing is set for Jan. 31.

Facebook page, petition created to lobby for Genesee ARC to retain garbage contract

By Howard B. Owens

Somebody has created a Facebook page called Batavians Want to Keep ARC Trash Collection in an apparent effort to build the necessary political pressure on the Batavia City Council to retain ARC as the company that picks up the city's residential waste.

After nearly 30 years of waste management for the city by ARC, the agency has been required to compete with other companies for the contract, which includes a significant change to how garbage and recycling is handled in Batavia.

The page also contains a link to an online petition for city residents to sign in support of Genesee ARC.

From as many as 10 Genesee ARC employees could lose jobs, including people with disabilities, if the city council awards the bid to another company.

Genesee ARC submitted the highest bid at $4.99 million over five years, compared to the lowest bid, by Arizona-based Allied/Republic at $4.34 million.

The city council will decide which company gets the trash collection contract in February.

Everything you might like to know about the new garbage collection service is contained in documents posted to the city's Web site.

Law and Order: Man located in Genesee County, wanted in Florida on multiple charges

By Howard B. Owens

Edward Otis Hardy, 54, of Pelham Road, Pensacola, Fla., is considered a fugitive from justice by the State of Florida and was in Genesee County Jail on unrelated charges when he was arrested on warrants from Florida. In Escambia County Circuit Court, he is charged with battery/touch or strike, battery on a police officer or firefighter, assault on a police officer or firefighter, obstruction, depriving a person the means of protection or communication, disorderly intoxication and resisting arrest with violence. Hard was arraigned in Stafford Town Court and jailed without bail pending extradition.

Shawn Michael Twardowski, 30, of Dodd Run Road, Marietta, Ohio, was arrested on bench warrants for criminal contempt, 1st, and harassment, 2nd. Twardowski was arrested in Caldwell, Ohio, after allegedly fleeing the state after being charged with criminal contempt and harassment. Twardowski was returned to Genesee County Court and arraigned by Judge Robert C. Noonan and jailed without bail. There are also active warrants for Twardowski out of Batavia City Court and Town of Oakfield Court.

Shantell Sharnice Gibson, 20, of East Avenue, Batavia, is charged with grand larceny, 4th, and petit larceny. Gibson is accused of stealing merchandise from Kmart. She also allegedly stole property from another person.

Rebecca N. Bethune, 24, of 5008 Hundredmark Road, Elba, is charged with two counts of unlawful dealing with a child, 1st. Bethune was arrested by Le Roy PD after allegedly buying alcohol for two people under the age of 21.

Hawley: New gun law demonstrates Albany's dysfunction

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) today cast his vote against a poor legislative process that shut the public out of a critical discourse and prevented a measured, responsible approach to protecting our children and families. Major gun control legislation was brought to the Assembly floor without any public commentary or proper time for legislative review. Hawley indicated that the hasty process betrayed the need for compassionate, reasonable and substantive debate.

“In light of recent tragedies in places like Webster and Newtown, I share our community’s desire to ensure that New York’s laws provide the public safety protections that our families need and deserve. However, the hurried passage of this critical legislation is an example of government dysfunction at its worst,” Hawley said.

“Forcing through a massive overhaul of gun control regulations without properly reviewing any of the constitutional or budgetary implications is the kind of unaccountability that has caused the public to lose its faith and trust in Congress. Instead of hastily infringing upon the Second Amendment rights of New Yorkers, we should have engaged in a measured debate that truly protects our children and families from dangerous criminals and those unfit to bear arms. The dysfunction of Albany and the total disregard for our citizens’ input into this process is totally unacceptable!”

Ribbon Cutting at Batavia branch of Edward Jones

By Howard B. Owens

Michael Marsh, local financial advisor for the financial services firm Edward Jones, invites the community to attend  a ribbon cutting at the branch office located at 7 Jackson Street in Batavia on January 16th at 9:30am as part of celebrating the New Year. In addition to the ribbon cutting, a "meet and greet" open house will be taking place on January 21st from 10am to 3pm and January 22nd 3pm to 7pm.

Event Date and Time
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Lt. Jankowski says he couldn't have stepped down to sergeant, likely to retire

By Howard B. Owens

Lt. Eugene Jankowski is coming to grips with the fact that his 34-year career with Batavia PD is probably drawing to a close.

He hasn't officially announced his retirement yet, but that's probably what he will do before his job as a lieutenant is eliminated April 1 as part of department restructuring.

"I'm glad I was given the opportunity to serve for 34 years," Jankowski said. "It's been good for me. I love what I do and I hate to leave it. It's not about the money. It's never been about the money, but now's the time to find another worthy cause. I'm still young enough to go out and find another worthy cause."

Jankowski disputed a report coming out of Monday's city council meeting that he, along with Lt. Jim Henning and Lt. Greg Steel were offered a chance to stay with the department if they would each accept a demotion to sergeant and that all three turned it down.

None of them, according to Jankowski, has reached a final decision yet.

Henning and Steele are off duty at the time of this story posting so we can't reach them for comment.

For Jankowski, becoming a sergeant isn't even an option. If he accepted a demotion, it would be to patrol officer.

Under civil service law, when a job/rank is eliminated, the employee is offered the job he or she held prior to promotion. For Jankowski, that was patrol officer, not sergeant.

"If it were a sergeant's position, I might consider it," Jankowski said.

City Manager Jason Molino said he wouldn't discuss with a reporter personnel issues and what may or may not have been communicated between city supervisors and the lieutenants.

According to Jankowski, the lieutenants were told they would not be considered for the new deputy chief position.

"We don't know why," Jankowski said. "He didn't give us a reason. He said we won't put anybody in the deputy chief position until you're long out of here."

Molino said that once the position is created, probably after the budget is approved in February, any qualified personnel -- including the lieutenants -- in the department could apply for the job.

If they retire before the job is created, then they won't be eligible for the position.

The three lieutenant positions will be reallocated, creating two new patrol positions and one sergeant's positions.

"The plan is, you're going to have more guys on the street than you have now," Molino said. "With more officers in the field, there's more contact with the community."

The deputy chief position, which will be non-union, will be an increase by one the number of sworn members of the department. 

The restructuring is expected to save the city $10,000 a year.

Jankowski said he doesn't understand why the city wants to eliminate all three lieutenant positions at once. Why not, Jankowski wondered, stagger the retirements over three years so those experienced supervisors would help mentor the new deputy police chief?

"Why would you eliminate 100 years of experience like that?" Jankowski said.

Police Chief Shawn Heubusch is proving a great asset to the department, Jankowski said.

"I like the chief," Jankowski said. "He's going to be great. I like him. He brings out the best in guys. I wish I could work with him longer."

Jankowski, a competitive shooter, isn't sure if he will stay in New York after he retires. He's concerned that gun ownership rules being changed by Albany politicians will make competitive shooting in the state all but impossible. Some ranges, he said, will likely shut down. Limits on magazine size and changes to rifle scopes are big concerns, he said, for competitive shooters.

The changes to the police department don't make him mad, Jankowski said, but the changes being considered in Albany certainly do.

Edward Jones open house for new financial officer, Michael Marsh

By Howard B. Owens

Michael Marsh, a local financial advisor for the financial services firm Edward Jones, invites the community to attend an open house from 10am to 3pm on January 21st and 3pm to 7pm on January 22nd at 7 Jackson Street, Batavia.

"We are happy to be part of the Genesee Valley community and would like to express our appreciation for the confidence and support we receive year-round," Mike Marsh said.

Event Date and Time
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Law and Order: Illinois man accused of stealing semi-truck tires

By Howard B. Owens

Ramon Roberto Domanski, 51, of South Avenue, Lake Bluff, Ill., is charged with grand larceny, 4th. Domanski is accused of stealing two tractor-trailer tires from a located at 8420 Route 77, Pembroke. He was jailed on $1,000 bail.

Daniel DiLaura, 38, of Brooklyn Avenue, Batavia, is charged with petit larceny and criminal mischief. DiLaura is accused of stealing a TV from Walmart and damaging a security device.

Join The Batavia Club by Wednesday night and receive a coupon for T.F. Brown's

By Howard B. Owens

In the morning, members of The Batavian Club will receive an e-mail with a coupon from T.F. Brown's for 15-percent off.

Join The Batavian Club by 8 p.m., Wednesday and receive the same coupon, which is good until Jan. 30.

The coupon is addition to the $285 in gift certificates members will receive to local businesses. For a list of participating businesses, click here.

TO JOIN: Use PayPal buttons below, or to pay by check (annual only) or credit card, click here to download form. Or call (585) 250-4118 to pay by credit card.

Monthly Single Membership - $5 per month
Includes membership card and bumper sticker, package of gift certificates to local businesses.

 

Monthly Household Membership - $10 per month
Includes two membership cards and two bumper stickers, one package of gift certificates to local businesses.

 

Annual Single Membership - $50 per year
Includes membership card, bumper sticker, package of gift certificates to local businesses.

 

Annual Household Membership - $100 per year
Includes two membership cards and two bumper stickers, one package of gift certificates to local businesses.

 

Annual membership, one payment of $60
Includes membership card, bumper sticker, package of gift certificates to local businesses.

Annual household membership, one payment of $120
Includes two membership cards, bumper sticker, one package of gift certificates to local businesses.

 

Batavia Downs announces contest to name new Thurman Thomas sports bar

By Howard B. Owens

Press release:

The staff of Batavia Downs Casino and Thurman Thomas are now accepting entries to name the Hall of Famer’s new restaurant on site at Batavia Downs Casino.

The facility’s $28 Million dollar expansion begins within a month and includes construction of a new Thurman Thomas sports bar. Customers may tweet a suggestion for the Sports Bar’s name on Twitter by tweeting from their account and including the name of the Sports Bar with the tag @BataviaDowns. The contest will end at Noon on Friday, Jan. 18.

Staff from Batavia Downs Casino and Thurman Thomas will review the entries and declare a winner before the end of January.

The person that submits the winning name will win dinner for two inside the new sports bar with Thurman Thomas and Batavia Downs Staff when the new facility opens sometime in the fall. The winner shall also receive a Batavia Downs Casino Prize Pack valued at more than $250.

If more than one person suggests the winning name, then one person shall be randomly chosen from those who suggested that name. Winner will be notified via twitter that they have won. Full rules can be found on Batavia Downs Casino’s Web site at www.bataviadownscasino.com.

“Thurman’s new sports bar will offer great food, a stage for live entertainment on weekends, and many large flat screen TVs where our patrons can enjoy all their favorite sporting events,” said Ryan Hasenauer, director of marketing for Batavia Downs Casino. “It will also feature various pieces of football and Thurman Thomas memorabilia.”

Proposed budget means big changes in garbage pick up, police department structure

By Howard B. Owens

Information courtesy WBTA:

A big change in garbage pick up, a shake up of the police department and a pay raise for council members are the main features of the proposed city budget.

City Manager Jason Molino told council members about the proposed changes in garbage collection, dubbed PAYT for "pay as you throw," which will remove garbage collection from property owners' tax bills and have users of the service foot the bill.

The user fee will extend to nonprofit agencies and churches.

"You pay for what you throw away," Monlino said. "So, if you want a smaller tote or larger tote, you are going to pay respectively. If you throw away more, you are going to pay more. You throw away less, you are going to pay less. Another aspect of the program is unlimited recycling, and that also has the ability to help control your costs of what you throw away."

The automated system -- one-driver trucks will use a mechanical arm to pick up the totes -- will also help reduce costs, Molino said.

The apparent lower bidder for the program is Allied/Republic, a national waste management company headquartered in Phoenix. The company operates in 39 states and has 30,000 employees according to its Web site.

Allied/Republic submitted the lowest of four bids at $4.34-million dollars over the next five years.

Genesee ARC, which had been providing the service to the city for nearly 30 years, bid 4.99-million dollars. It appears ARC's bid was the highest.

ARC Executive Director Donna Saskowski said the loss of the city contract hurts the human services agency:

"I will have to lay off between 8 and 10 people," Saskowski said. "The agency will loose $800,000 in revenue, and we will have to find different jobs for the people with disabilities."

Saskowski said half of the people expected to lose jobs have some form of developmental disability.

The 2013-2014 proposed budget technically calls for a reduction in the city tax rate from $10.71 to $9.15. However, when the average cost of the garbage fee is factored in, Molino said the impact on the average homeowner will be a “wash.”

A big change in police department operations will save about $10,000, according to Molino.

Currently, the supervisory structure of the department includes three lieutenants. The lieutenant position will be eliminated, replaced by two police officers, a sergeant and a deputy chief.

The deputy chief position will be non-union.

The current lieutenants, Eugene Jankowski, Jim Henning and Greg Steele, have elected to retire rather than accept a demotion to sergeant, Molino told council members.

As for council members, a raise for the elected officials approved 6-3 in February, will be instituted, increasing compensation from $2,000 per year to $3,500 per year, beginning April 1.

The only way pay raises could be prevented, Molino said, was for the council to vote down the entire budget proposal or opt to pull the pay raise allocation from the budget plan and vote on it separately.

Council members Patti Pacino and Pier Cipollone said on Monday night they would not support a pay raise. Both had supported the pay raise measure in the February vote.

UPDATE: The city has posted all available documents about the changes to garbage collection.

Water line repair slated for Tuesday on Bogue Avenue

By Howard B. Owens

Water line repairs in the area of 10 Bogue Ave., Batavia, on Tuesday will disrupt traffic access and water service.

The work will begin at 8:30 a.m. and result in possible lower water pressure and possibly discolored water.

Law and Order: Pair of mothers on Lewis Place accused of leaving children home alone

By Howard B. Owens

Christina M. Sanchez-Anderson, 24, of 2 Lewis Place, Batavia, is charged with endangering the welfare of a child. Sanchez-Anderson is accused of leaving her two children at home alone and unsupervised. Her 3-year-old was allegedly found at 9:58 a.m., Saturday, outside and not wearing any shoes. Sanchez-Anderson was jailed on $2,500 bail. Department of Social Services assisted in the case.

Ashley M. Kreutz, 25, of 10 Lewis Place, Batavia, is charged endangering the welfare of a child. Kreutz allegedly left her two children unsupervised for more than four hours Saturday morning. One child was transported to UMMC for a medical evaluation. Kreutz was jailed on $5,000 bail. Department of Social Services assisted in the case.

Eric J. Bratcher, 24, of 7 1/2 South St., Le Roy, is charged with criminal impersonation, 2nd. Attica PD responded to a report of a complaint of noise and underage drinking at an address on Washington Avenue, Attica, and Bratcher allegedly gave police officers a false name. He was jailed on $1,000 bail.

Wendi L. Provost, 37, of 19 Riverside Parkway, Massena, is charged with DWI, aggravated DWI, driving without headlights and failure to keep right. Provost was stopped 1:10 a.m. on West Main Street by Officer Eric Bolles.

Bryan Pettinella, 27, of131 Bank St,, Apt. A, Batavia, is charged with criminal mischief, 4th. During a verbal argument, Pettinella allegedly punched the car of another person causing damage.

Curtis J. Doward, 18, of 25 Ganson Ave., Batavia, is charged with two counts of failure to appear as directed, criminal contempt, 2nd, and endangering the welfare of a child (second two counts are warrants). Doward turned himself in to Batavia PD on a failure-to-appear warrant. He was jailed on $2,500 bail on each count.

Christopher W. Cummings, 33, of 19 Cherry St., Batavia, is charged with coercion, 2nd, aggravated harassment, 2nd, and harassment, 2nd. Related to a domestic incident, Cummings allegedly sent numerous unwanted text messages in an attempt to compel or induce the victim to engage in conduct she had the legal right to abstain from, thereby threatening her. Cummings is also accused of spitting on the victim.

Christopher W. Colantonio, 23, of 110 South Swan St., Batavia, is charged with a violation of probation. Colantonio was taken into custody by the Probation Department for an alleged violation of probation.

Pavel V. Yefremenko, 24, of 8 Walnut St., Batavia, is charged with DWI, aggravated DWI, speeding and consumption of alcohol in a vehicle. Yefremenko was stopped at 1:27 a.m., Sunday, on West Main Street, Batavia, by Sgt. Dan Coffey.

Kayla Marie Baker, 22, of Union Street, Batavia, is charged with petit larceny. Baker is accused of stealing more than $900 in merchandise from Target over a several month period.

Howard Clarance Schultz, 54, of Keeney Road, Le Roy, was arrested on a warrant out of Greece, for aggravated harassment, 2nd. Schultz was located during an incident at 8798 Keeney Road, Le Roy, reported at 9:51 p.m., Friday.  Friday's incident remains under investigation.

Joshua James Burns, 26, of North Main Street, Oakfield, is charged with stalking, 4th. Burns is accused of sending a text message to another person after being warned by law enforcement to cease all contact with the person.

Philip Chase Smith, 28, of South Old Wire Road, North Carolina, is charged with DWI, driving with a BAC of .08 or greater and obstructed license plate. Smith was stopped at 11:05 p.m. Friday, on Route 5, Batavia, by Deputy Kevin McCarthy.

Jason Lee Perry, 18, of Telephone Road, Pavilion, is charged with criminal contempt, 2nd. Perry is accused of violating an order of protection barring him from offensive conduct toward a family member.

David Bernard Marsceill, 35, of Old Ford Road, Elba, is charged with criminal possession of a weapon, 3rd, strangulation, 2nd, and criminal mischief, 3rd. Marsceill is accused of choking another person during a domestic incident, causing that person to lose consciousness, of damaging a vehicle during the incident and possessing brass knuckles on two separate occasions.

Randy Lee Smith, 55, of Swamp Road, Byron, is charged with petit larceny and trespass. Smith is accused of stealing railroad tie plates located in the CSX Railroad right of way in the area of Route 19, Village of Bergen.

Russell P. Cessna, 24, of Batavia, is charged with burglary, 2nd. Cessna was arrested by State Police in connection with a burglary reported in the Town of Stafford on July 28. No further details released.

Jimmy R. Wenzel, 26, of Wyoming, is charged with criminal mischief, 4th. Wenzel was arrested by State Police in connection with an alleged incident reported at 2:45 a.m., Saturday, in Pavilion. No further details released.

The day for long-planned trip to California has finally arrived

By Howard B. Owens

We told you it was coming months ago ... and the day has finally arrived.

This afternoon, Billie and I board a plane in Buffalo and head off to California for a week.

We'll visit family in Ventura, Bakersfield and San Diego.

Alecia Kaus will monitor the scanner, handle breaking news and write a few other stories, so, dear readers, you're in good hands. We'll also pick up coverage from our news partner, WBTA.

And in the Digital Age, I'll never be far from The Batavian. I'm sure I'll have plenty of things to post over the week, maybe just not as timely as usual.

Nick Sabato will cover some sports for us.

Lisa Ace will be in the office all week (except Friday) during normal business hours to handle all of your advertising needs or sign you up for The Batavian Club. She can be reached at (585) 250-4118.

We're scheduled to return to Buffalo around noon on Jan. 20.

Photo Sale: Past three years of photos, ridiculously low prices, won't be available after Jan. 31

By Howard B. Owens

For the past three years, we've offered photos for sale through one particular site and a couple of months ago, we started selling photos through my photography site, howardowensphotography.com.

That is working pretty well, so I'm retiring the old photo sales site (so I no longer have to pay the hosting bill).

It would be a monumental task to transfer three years worth of photos from one site to another. So to ensure everybody who still might like to buy photos from the past three years a chance to buy those photos, I've drastically reduced their prices.

Click here to buy photos from the old site at ridiculously low prices. These photos will NOT be available for purchase after Jan. 31.

Of particular interest might shots from this past football season:

There are also:

And again, click here, to access the home page for all of the event albums from the past three years.

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