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Arson charged in domestic incident on Washington Avenue

By Howard B. Owens

A Batavia man accused of threatening to shoot police officers and then of barricading himself inside of an apartment and setting it on fire has been charged with arson in the second degree and two counts of making terrorist threats.

Eddie "Pops" Miles Jr., is also charged with criminal contempt and aggravated criminal contempt.

The incident began Sunday morning just before 9 a.m. when police were dispatched to a report of a domestic at 207 Washington Ave., Batavia

When patrols arrived, Miles allegedly threatened to shoot police. That caused police to establish a perimeter, evacuate neighboring homes, and initiate a reverse 9-1-1 call to other residents with a shelter in place notice.

Then Miles allegedly started a fire inside the apartment where he was staying with his girlfriend.

His girlfriend managed to climb out on the roof of the front porch and escape with the assistance of police officers.

While the apartment burned, city firefighters could only shelter behind their trucks.

Eventually, Miles surrendered and climbed down a ladder at the back of the building.

There was also a warrant out for his arrest. He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

He also still has charges pending from 2017. 

Miles was arrested in August for allegedly putting his arm around the neck of another person and injecting a dog with an unknown purple liquid.

In July, he allegedly took a car belonging to another person without permission.

He is being held in the Genesee County Jail without bail.

Planners would like to see proposed Dollar General in East Pembroke fit with walkable community policy

By Howard B. Owens

A proposed new Dollar General store for East Pembroke should meet the goal of making the hamlet more walkable, according to county planners.

That would mean removing parking from the front of the building and bringing the structure closer to the sidewalk.

Last night, the County Planning Board approved the site review with that recommendation. It will be up to the Town of Batavia's Planning Board to decide whether to implement the recommendation.

Planning Director Felipe A. Oltramari explained that the Town of Batavia is adopting form-based planning as part of its comprehensive plan and has already adopted a policy that should help the town, which includes East Pembroke, become a walkable community. 

East Pembroke currently scores a 15 at WalkScore.com and is considered car-dependent.

Since the policy is not yet part of the town's codes, the Planning Board could only make a recommendation and not take a stronger stand.

There are already six Dollar General stores in Genesee County.

This location will be on Main Road at Barrett Drive.

The developer is Zarembra Group Inc., based in Cleveland, Ohio.

The single-story building will be 9,100 square feet.

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Minor injury pedestrian accident reported in front of Arby's, Batavia

By Howard B. Owens

A minor-injury pedestrian accident is reported on West Main Street, Batavia, in front of Arby's.

City fire and Mercy EMS responding.

UPDATE 4:14 p.m.: The victim, who had not been transported, has traveled to the Emergency Room at UMMC seeking treatment.

Local film production of 'Macbeth' debuts at Harvester 56 tomorrow

By Howard B. Owens

Tomorrow the Batavia Players will screen a premier showing of "Macbeth," filmed and produced in Batavia, at the Harvester 56 Theater.

"Though the language is true to the original Shakespeare, the period is modern with a 'West Side Story' flare," said Emily Crawford, publicist for Harvester 56.

"The roles of nobility and the murderous rivalry between them has been adapted to a gang environment. This is the first time many of our actors are appearing on screen, though we do have a few veterans in the mix."

Doors open at 6:30 p.m. for a reception. The screening starts at 7:30 p.m. Tickets are $18 at the door.

Closings and cancellations for Friday and Saturday

By Howard B. Owens

We've been notified of the following closings and cancellations:

  • All evening activities for The Mental Health Association of Genesee & Orleans Counties;
  • All activities for Pavilion Central School for Friday and Saturday are canceled;
  • The Richmond Memorial Library will be closed Saturday;
  • A talk at the Holland Land Office Museum tonight and a panel discussion tomorrow with author David Fitzgerald has been rescheduled for March;
  • All events and activities are canceled for Batavia City Schools today and tomorrow;
  • GCASA is closed Saturday.

Send notifications of closings and cancellations to howard@thebatavian.com. Send your weather pictures to howard@thebatavian.com

Ranzenhofer introduces legislation to bring about tax parity for Batavia Downs

By Howard B. Owens

Press release:

Senator Michael H. Ranzenhofer (R-C-I, Amherst) has introduced legislation (S7397) today in the State Senate to establish tax parity between Batavia Downs and other gaming facilities in New York State.

“New York State imposes one of the highest tax rates on Batavia Downs, and it’s one of the smallest gaming facilities in our region,” Ranzenhofer said. “This regressive rate deprives taxpayers across 15 counties an equitable portion of revenues.

"Lowering the tax rate will make Batavia Downs more competitive with other gaming facilities while ensuring a fairer share of revenues are returned to taxpayers through our local governments.”

In 2015, the facility had a total economic impact of $83.4 million, generating $21.5 million for state education funding, and $3.4 million to participating municipalities.

“We applaud Senator Ranzenhofer’s legislative efforts to level the playing field for Batavia Downs Gaming. This bill will allow us to return more resources to our member communities,” said Western Region Off-Track Betting Corporation (WROTB) Board of Directors Chairman Richard Bianchi.

The legislation would lower Batavia Down’s taxes paid to New York State by increasing the facility’s portion of net winnings from 35 percent to 41 percent. If enacted, the act would take effect on April 1, 2019.

Under existing state law, the oldest nighttime harness track in the country pays one of the highest effective tax rates among gaming centers in the region.

 

Gaming Operation

Facility’s Portion of Net Winnings* (%)

Batavia Downs

35

del Lago Resort & Casino

70.18

Vernon Downs

41

Hamburg Gaming

41

*2017-18 Fiscal Year

 
Batavia Downs Gaming, operated by WROTB, is a standardbred racetrack and gaming facility. WROTB is a public benefit corporation – owned by 15 Western New York counties, including Cattaraugus, Cayuga, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Orleans, Oswego, Schuyler, Seneca, Steuben, Wayne, and Wyoming, as well as the cities of Rochester and Buffalo. Since its inception, WROTB has generated hundreds of millions of dollars in operating and surcharge revenues to the residents of those participating municipalities.

Congressional candidate speaks in Pavilion

By Howard B. Owens

Press release:

Nick Stankevich spoke to about 30 constituents in the Town of Pavilion late Thursday afternoon. The gathering was hosted by Sarah Noble-Moag, of Noblehurst Farms.

Farmers, teachers, business owners and other local residents had the opportunity to meet the only rural congressional candidate in New York's 27th District.

He covered a range of questions from rural Internet access to immigration reform.

Stankevich acknowledged that there is a lot of work to do but it must be done by working with the people, making fiscally responsible economic choices and putting people first.

Hawley outlines budget priorities: 'Individuals flourish when government takes a back seat'

By Billie Owens

Press release from Assemblyman Steve Hawley outlining his budget priorities:

Government is about the people. Making a difference in the everyday lives of individuals should be the central role to which we aspire as legislators. Society flourishes when personal freedom and liberty rule the day, not directives and penalties handed down in the form of taxes and mandates.

Unfortunately for New Yorkers, Gov. Cuomo’s State of the State Address last week was filled with the latter. Lofty expansion of programs and more state spending is what many witnessed but few desire.

According to the Tax Foundation, New York ranks 49th in the country in tax climate for businesses for the fourth year in a row. In addition, our state ranks 49th in terms of tax levies on personal income, 47th in property-taxes and 43rd in sales taxes – all of which have contributed to more than one millions residents who have left the state since 2010.

We have the power to change these embarrassing statistics and rewrite New York’s mantra of tax, fine and harass.

The solutions start with reducing fraud and waste in our Medicaid system, which spends more than Florida and Texas combined, and mitigating the over 140,000 pages of regulations Albany elites impose on our job creators – not bloating government as Gov. Cuomo proclaims. Mandates like these, which counties and local governments cannot afford, are eventually paid by individuals in the form of higher property and state taxes.

We need to build on the success of the Charitable Gaming Act that was signed into law last year and further empower the thousands of fire departments, Kiwanis and Rotary Clubs, nonprofits, churches and charitable organizations that provide tremendous community services through their raffles.

Lake Ontario flood victims are still hurting and this year’s budget should include more funding to help these struggling individuals and business owners return to normalcy.

State government should hinge on allowing people to flourish and that cannot happen if disconnected elites like Gov. Cuomo continue to use their tax dollars to tax, penalize and restrict them.

Assemblyman Hawley represents the 139th District, which consists of Genesee, Orleans and parts of Monroe County. For more information, please visit Assemblyman Hawley’s Official Website.

Batavia man dedicates bell plaque he created for radiation therapy patients

By Billie Owens

Cancer survivor Mike Mager, above, had the bell plaque engraved with brief instructions:When treatment is complete, we announce it with this bell. Ring once for what you have endured. Ring twice for today. Ring once more for the future.”

 

Submitted photo and press release:

When Mike Mager, of Batavia, finished his seven weeks of radiation therapy, he was relieved and happy. But after the 33 grueling treatments in Wilmot Cancer Institute’s Radiation Oncology facility at Strong Memorial Hospital, he wished he could have done more to mark the occasion.

“It was like crossing the finish line, but there wasn’t anything there,” Mager says.

As he continued his recovery, he decided to change that. Mager, who does carpentry in his free time, found a bell and created a plaque for it.

The bell, now hanging in a corridor near the treatment rooms, was dedicated on Tuesday, Jan. 9. It’s low enough for pediatric patients or adults in wheelchairs to reach and ring when they’ve finished treatment.

“Mr. Mager is very creative to create a beautiful piece of art for patients who have completed their radiation treatment course,” says Yuhchyau Chen, M.D., Ph.D., chair and the Richard T. Bell Endowed Professor of Radiation Oncology at Wilmot.

“We hear the lovely bell chime 20 to 30 times per week on average. Our patients are so appreciative of Mr. Mager's kindness and consideration. With this bell, patients share a common bond in completing treatment and starting the new chapter and new hope in cancer survivorship.”

In 2016, Mager was diagnosed with a head and neck cancer. He underwent complex surgery with Paul van der Sloot, M.D., to remove the tumor before he began the intensive radiation therapy with Deepinder Singh, M.D.

“My doctor said the first week would be easy but the last weeks would be hell,” Mager recalls.

By that final week, the side effects of the treatment left him feeling so sick and dehydrated that he required IV fluids.

“It’s an achievement to make it through what I went through,” Mager says, and he wanted the bell to reflect that.

He had the bell plaque engraved with brief instructions: “When treatment is complete, we announce it with this bell. Ring once for what you have endured. Ring twice for today. Ring once more for the future.”

“It takes a special heart to convey feelings like this,” says Singh, Mager’s radiation oncologist. “Dedicating this bell is important to our patients and our department. It recognizes how hard our staff works to take care of our patients, and it is inspiring to those going through the ups and downs of treatment.”

Even though more than a year had passed between when Mager finished treatment and when he rang the bell, he said he looked forward to it.

“It made me feel complete,” he says.

###

UR Medicine’s Wilmot Cancer Institute is the Finger Lakes region’s leader for cancer care and research. As a component of Strong Memorial Hospital, Wilmot Cancer Institute provides specialty cancer care services at the University of Rochester Medical Center and a network of locations throughout the region. The Institute also includes a team of 100 scientists who investigate many aspects of cancer, with an emphasis on how best to provide precision cancer care. To learn more, visit wilmot.urmc.edu

Rochester woman gets probation after pleading guilty to felony for false filing with DSS

By Billie Owens

Press release:

Christina Hietala-Johnson, age 35, of Rochester, was sentenced to five years’ probation in Genesee County Court on Thursday (Jan. 11) as a result of her guilty plea last October to a felony count of offering a false instrument for filing in the first degree.

In addition, Hietala-Johnson was also ordered to pay $2,245 in restitution to the Genesee County Department of Social Services, will be disqualified from receiving Food Stamp benefits and Temporary Assistance benefits, and must perform 500 hours of community service.

Hietala-Johnson had been charged in June 2017 with two counts of offering a false instrument for filing in the first degree and one count of grand larceny in the fourth degree. Those charges were filed when a social services investigation revealed she had submitted various recertification forms to the Department of Social Services and failed to report that she was married.

Anyone wishing to report suspected cases of Welfare Fraud in Genesee County can contact the Genesee County Department of Social Services Fraud Investigation Unit at (585)344-2580, ext. 6417 or 6416. All calls are confidential.

Photos: Goodbye Jason Molino

By Howard B. Owens

Dozens of people turned up at T.F. Brown's last night for a goodbye and thank you party for Jason Molino, who is working his last day as Batavia's City Manager today.

Above, Molino with County Manager Jay Gsell and Max Pies co-owner Steve Pies.

Molino with council presidents. From left, current council president Eugene Jankowski, and former council presidents Marianne Clattenburg and Bruce Tehan, who was council president in the 1980s, before Molino came to town, but wanted his picture with Molino and the other council presidents in attendance.

Drivers should prepare for very slick roads this afternoon

By Howard B. Owens

Recent rain has washed away whatever salt remained on roadways and with temperatures dropping to below freezing this afternoon, the wet roadways are likely to ice over.

That's the warning of the National Weather Service and the same message from County Highway Superintendent Tim Hens when we happened to speak last night about the coming storm.

The storm tonight and tomorrow will bring heavy, wet snow, making driving conditions difficult and very different from the drier snow of recent storms. Drivers need to slow down, Hens warned.

Temperatures will start dropping between 1 and 3 p.m. in Batavia, bringing freezing rain and sleet. Bridges and overpasses will likely freeze over first.

While plow trucks will be out spreading salt, drivers should use extra caution.

Areas of previous flooding could also freeze over.

The National Weather Services advises drivers to plan accordingly.

Between tonight and 4 p.m. tomorrow, from nine to 17 inches of snow is expected.

UPDATE 2:13 p.m.: Stegman Road in the Town of Batavia is closed due to high water.

Law and Order: Inmate accused of possessing contraband

By Howard B. Owens

Brian Thomas Resch, 30, of Buffalo Road, Bergen, is charged with promoting prison contraband. Resch is accused of possessing Suboxone while confined in the Genesee County Jail.

Stephen Everett Pike, 21, of Big Tree Road, Pavilion, is charged with harassment, 2nd. Pike is accused of grabbing another person by the arm and pushing that person during an argument, reported at 6:28 p.m. Wednesday at an address on Big Tree Road, Pavilion.

Jeffery S. Zymowski, 54, of Sandridge Road, Alden, is charged with DWI, driving with a BAC of .08 or greater, no seat belt, and driver's view obstructed. Zymowski was stopped at 4:35 p.m. Tuesday on Broadway Road, Darien, by Deputy Kyle Krzemien.

Gregory S. Mitchell, 19, of Clarence Center, was arrested on an arrest warrant and charged with unlawful possession of marijuana. Mitchell was arrested in Pembroke by State Police. No further details released.

Michael E. Welles, 20, of Holley, is charged with unlawful possession of marijuana. Welles was stopped by State Police at Bloomington Road and State Route 77, Alabama.

William D. Annis, 36, of Batavia, is charged with conspiracy, 6th, and petit larceny, and Jeanine D. Mercado, 31, of Batavia, is charged with conspiracy, 6th, possession of burglary instruments, and petit larceny. Annis and Mercado were arrested by State Police in relation to an incident reported at 10:27 a.m. Wednesday at Kohl's Department Store.

Judge's ruling clears way for City of Batavia to assume operation of mall

By Mike Pettinella

An Erie County Supreme Court justice on Wednesday ruled in favor of the City of Batavia in a legal dispute with a Batavia orthodontist over the parking situation at his City Centre mall location.

“The City went before the judge (Catherine Nugent-Panepinto) with an order to show cause consistent with the settlement agreement between the City and the Mall Merchants Association, both parties were heard and the judge ‘so ordered’ the settlement agreement,” City Manager Jason Molino said today.

“This is the last piece of litigation for the City to take over operation of the mall on April 1.”

Dr. Marlin Salmon, owner of Salmon Orthodontics, brought the matter to court, seeking easement relief for parking spaces in proximity to his office.

A phone call to Dr. Salmon was not returned at the time of this story’s posting.

The settlement agreement calls for the city to retain ownership of the downtown facility's concourse, pay 100 percent of capital improvements, and take care of mall maintenance and operations.

Talks by Emory Upton book author rescheduled due to anticipated weather

By Howard B. Owens

A storm coming into the area tomorrow that promises high winds and a foot or more of snow has convinced organizers to reschedule a trip to Batavia that had been planned for this Friday and Satruday for author David Fitzpatrick. He lives in Ann Arbor, Mich., and was going to talk about his 2017 book "Emory Upton: Misunderstood Reformer." 

Fitzpatrick's presentation at the Holland Land Office Museum is rescheduled to 7 p.m., March 2. He will also participate in a panel discussion the following day at Genesee Community College. More details on the GCC discussion will be announced later.

Many people had reserved a seat for Fitzpatrick's talk at HLOM, said director Ryan Duffy. The room tomorrow night would have been at near capacity. 

Previously: New book corrects the record on Emory Upton's attitude toward the military and the Republic

Mighty St. Joe's Drum & Bugle Corps seeks new members, open house is Sunday in Le Roy

By Billie Owens

The Mighty St. Joe's Drum & Bugle Corps invites people who are interested in joining its ranks to an Open House from 10 a.m. to 1 p.m. on Sunday, Jan. 14, at Wolcott Street School in Le Roy.

The school is located at 2-6 Trigon Park (off East Main Street).

Mighty St. Joe's Drum & Bugle Corps is a noncompetitive group from the WNY/Rochester area, which participates in parades, indoor concerts and field shows. It is looking for new members of all ages and all sections, including brass, percussion, working guard and Honor Guard.

All levels of experience are welcome.

Visit MSJ on the Web at:  www.mightystjoes.com

Send email inquiries to:  mightystjoes@gmail.com

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