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Car accident with minor injuries in Le Roy

By Billie Owens

A motor-vehicle accident with minor injuries is reported at Cole and East Bethany-Le Roy roads. Le Roy fire and ambulance are responding.

Le Roy Fire Police are called to the scene.

Photo: Downtown parking enforcement

By Howard B. Owens

A person alerted me earlier that a parking enforcement officer was on Center Street chalking tires. I went out to try and get a picture, but couldn't find him, only the chalked tires (FWIW, this picture is not of my car. Mine was in a parking lot with one chalk mark at the time).

The person who told me about the tire chalking said she had never seen parking enforcement downtown before. I spoke to a business owner and another office worker -- who always parks on the street -- and neither of them had seen it before. One shop owner remembers parking enforcement one day last summer.

I called Chief Randy Baker to ask if this was something new or what's going on? He said nothing has changed.

"I beg to differ that people haven't seen him out before," Baker said.

Baker said there is a two-hour parking restriction downtown and the city employs a part-time parking enforcement officer who monitors parking, addresses problems when he sees them and responds to complaints.

I asked the chief for statistics on the number of parking tickets written per month and he said that number should be available in a couple of days.

Police Beat: Alabama man arrested on drugs and weapon charges

By Howard B. Owens

Terrance D. Bauer, 48, of Church Street, Alabama, is charged with criminal possession of a weapon, 3rd, and criminal possession of marijuana, 5th. Bauer was taken into custody by the Genesee County Local Drug Enforcement Task Force following the execution of a search warrant at his residence on Oct.15. Bauer was allegedly found in possession of marijuana and a billy club, which he cannot legally possess. Bauer was released on his own recognizance following his arraignment in Town of Alabama Court.

Craig A. Tiberio, 21, of Lathrop Avenue, Le Roy, is charged with assault, 3rd. Tiberio is accused of getting into an argument at a residence on St. Mary's Street, Pavilion, and punching another person in the face causing physical injury.

Robert Adam Barnhart, 25, of East Main Street, Batavia, is charged with grand larceny, 3rd. Barnhart was arrested on a warrant out of Wyoming County.

Aaron John Gugel, 18, of Donahue Road, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gugel's car, parked at 260 State Street.

Sharmice Shantell Gibson, 18, Wood Street, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gibson's car, parked at 260 State Street.

Essay from Steve Hawley on 'big box stores' and small community-based businesses

By Howard B. Owens

Some time ago, during one of our discussions on The Batavian about big box stores, it occurred to me that it might be interesting to get Assemblyman Steven Hawley's take on the issue. Hawley is somebody with deep roots in the community, a small business owner and as a legislator he is in a position to deal with issues that impact small business owners.

Steve was gracious enough to write a response to my question about his position on these issues. Below is his response.

Assemblyman Steve Hawley (R, I, C – Batavia): What the state legislature and local community can do to support New York’s small businesses.

In our free market economy, practiced in the United States, consumer demand is the driving force behind the success or failure of all businesses. Products and services are produced on an as-needed basis, with increased sales or transactions or product made and another job created. In truth, the way you spend your dollar has a ripple effect that can reach across your community, the state of New York, the country and sometimes across the globe. That’s the beauty of the free market – the power is in your hands.

Armed with the knowledge that the market conforms to your decisions, the question becomes how you want to spend your hard-earned money. In communities across our great state, consumers are faced with the same decision each and every day; should I take my dollar to a locally owned business or to the nearest “Big Box” location?

Surely, I recognize the minor advantages presented by global conglomerates offering generic products in bulk at deflated prices, but the consequences of abandoning your neighborhood shop in favor of a multi-national corporation go far beyond the bill at the bottom of your receipt.

For example, the money made by a business is used for, among other things, creating and maintaining positions of employment. Companies like Home Depot are world-renowned for hiring almost exclusively on a part-time basis so that they can avoid paying benefits afforded to full-time employees, such as health insurance and paid vacation.

So when you buy your groceries at a “Big Box” store, you are perpetuating their cycle of under-employment and inadequate compensation for their workers, who are also your neighbors. When you buy locally made products at your neighborhood store, your dollar is providing full-time, gainful employment for the members of your community.

The industry that may rely the most heavily on the loyalty of the local consumer is agriculture. No other profession requires the amount of dedication and hard work displayed by Western New York’s farmers.

This is why it is so vital for consumers to partake in local farmers’ markets that display the best agricultural products in the community in one convenient location. I have introduced legislation A11270 that would encourage businesses -- large and small -- to sell NY grown (goods), and produce an income-tax credit based on receipts scale. We all need to take pride in our citizens and businesses ingenuity and incredible capacity to produce high quality products.

Buying locally from small businesses provides jobs that offer adequate compensation for their employees, which feeds back into the economy on even deeper levels. If a worker has access to vacation days, they are able to travel with their family to state parks and other attractions, keeping revenue in the state that funds our schools, hospitals and community projects.

Travelers eat at local restaurants, which use their profits to employ residents of their communities, who in turn can contribute to the state’s economy in the same fashion. In a free and open market, every dollar spent embarks on a cyclical path, and the results are felt on a bafflingly large scale.

This is why it is so important that consumers pass up the allures of “Big Box” stores and stay committed to the products and services being provided by the members of their own communities; every dollar you spend has a ripple effect that will eventually circulate and positively affect you.

As an independent businessperson, I know firsthand the impact of nationwide “Big Box” companies who attempt to impact my own bottom line. I employ eight people in my business, whose jobs are jeopardized by these “Big Box” insurance companies that employ the bare minimum of local residents, if at all. All businesses like mine face a heightened, adversarial impact from national companies located outside NY. The impact requires us all to utilize differing methods of business acumen.

If the power is in the hands of the consumer, this begs the question: what role does the state legislature play in the realm of business? The main responsibility of the state legislature in this area is to create and foster opportunities.

There are multiple approaches to achieving this end and, for New York, the most pressing is creating a more welcoming business environment. Surveys consistently rank New York near the bottom for being business-friendly. As reported by the National Federation of Independent Business, 79 out of 150 (53 percent) New York State Assembly members voted against business interests a staggering 80 percent of the time.

This poor ranking is attributable to stringent regulations and oppressive taxes, which put an undue burden on businesses both large and small. The state legislature plays a key role in setting these unfortunate policies. To truly help strengthen small business and heightened employment, the state legislature must cut taxes, drastically reduce oppressive mandates and put an end to out-of-control state spending.

I have personally sponsored legislation to work with businesses instead of against them, such as my bill to extend the agricultural property tax credit to qualifying farmers, legislation to repeal the $50 registration fee for businesses to collect sales tax and legislation to repeal the 2 percent utility tax.

These actions create a more permissive environment, in which all businesses will have an environment more conducive for success. These changes would particularly help small businesses, as taxes create extra cost that they do not have the capacity to absorb, forcing them either to close their doors or relocate. With the shackles of regulations and taxes relieved, small businesses will be given an opportunity to compete, thrive and innovate in the free market.

The spread of the globalized economy has ushered Big Box stores into communities across the state, threatening the small businesses that are the backbone of our local economies. This shift in the structure of the marketplace must be answered by legislation that supports our small businesses so that they are still able to compete and offer products to consumers. In a free market, consumers have the power to make the choice of supporting local businesses -- our own neighbors.

UPDATED: Truck accident closes Route 19, north of Bergen

By Howard B. Owens

UPDATED 11:50 a.m.

A diesel fuel delivery truck hit a passenger vehicle on Route 19 just north of Bergen a little after 7 a.m., causing 50 to 70 gallons of diesel fuel to spill and severely injuring the driver of the passenger vehicle.

Route 19 has been closed since the accident and will be closed for well into the afternoon.

The name of the driver of the passenger vehicle is not available at this time and nobody else was in the car with him. He was taken by Mercy Flight to Strong Memorial Hospital.

Two drivers where entrapped, but the truck driver was suffered only minor injuries, according to Tim Yaeger, the county's emergency management coordinator.

A third car was involved, but was only a minor part of the accident, according to Sgt. James Meier. The car just clipped the truck as it was coming to rest, Meier said.

The Genesee County Sheriff's Office is handling the investigation and the cause of the accident. Names of the victims are expected to be released later.

Yaeger said the truck, after striking the car, turned on its side and rolled into some trees. 

The fuel on the truck needed to be transferred to another truck before it could be up righted.

UPDATE 11:05 a.m.: The road clean up is going to take longer than expected. Special equipment needs to be brought in from Victor. Once on scene, the work is expected to take as long as two hours, so this section of Route 19 could be closed for up to three more hours.

UPDATE 12:21 p.m.: The drivers have been identified: James E. Simons, 36, of Mount Morris, was driving a 2001 Jeep. Aron S. Flatt, 38, of Ontario, was driving the tanker truck. Patrick J. Donahue, 21, of Batavia, was driving a 2008 Ford pickup truck. 

According to the Sheriff's Office, Simons was heading north on Route 19 at 5:30 a.m. when his Jeep crossed the center line and collided with the tanker. The tanker was loaded with approximately 2000 gallons of diesel fuel.  Donahue was not injured and his truck sustained only minor damage. 

Simons and Flatt were both transported to Strong. Flatt was taken by ground ambulance, Simons by Mercy Flight.

The crash is being investigated by deputies James Weis, Frank Bordonaro, Ron Meides and Sgt. James Meier. Assisting at the scene were the Bergen and Churchville fire departments as well as Genesee county Emergency Management and NYTS Department of Environmental Conservation.

Bicyclist hit on Park Road

By Howard B. Owens

A bicycle rider has been struck in the area of 8322 Park Road, Batavia.

Mercy EMS and Town of Batavia Fire are being dispatched.

UPDATE 8:13 a.m.: Town of Batavia back in service. This is not a motor vehicle accident, a chief reports. A man fell off his bicycle.


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Photos: Scenes along Lewiston Road

By Howard B. Owens

There is great beauty to be found in Genesee County, but the best shots can't always be captured from public roads. Once in a while, I see a shot I want, but need to get permission to walk across private property. Today, I drove out to a house on Lewiston Road because I knew there was a barn I liked, also I've been interested in getting the best angle on the shot above. For both pictures, the best shot wouldn't come from the roadside. Fortunately, the landowner was home and kind enough to let me wander around on his property.

Four people reported fighting at laundromat on Ellicott Street

By Howard B. Owens

At least two Batavia Police units are responding to a laundromat on Ellicott Street where four individuals are reportedly fighting.

Police were at the same location earlier this evening for a reported argument between a woman and her boyfriend.

Man with previous thievery charges accused of burglary on Harvester Avenue

By Howard B. Owens

A Batavia man previously accused of stealing from local stores is in trouble again -- this time for allegedly burglarizing a business on Harvester Avenue and forging checks from that business.

Michael J. Piasta, 30, of 415 East Main St., was arrested by Batavia Police following an investigation and charged with burglary, 3rd, and criminal possession of a forged instrument.

Piasta is accused of breaking into a business at 56 Harvester Ave. and stealing checks and credit cards.

He allegedly tried to cash two business checks at area banks and is accused of using the credit card at various locations.

Piasta was jailed without bail.

Previously, Piasta allegedly stole some DVDs from Pandora's Boxx and fled on foot. He was the subject of a short manhunt at St. Joseph Cemetery off of Buell Street. Also, he was previously accused of stealing beer from Wilson Farms on East Main Street. In that case, Piasta was apparently caught on camera at the store, and at the time of his arrest he was wanted on a warrant out of Niagara County.

Information on the court status of those cases is not immediately available.

Thunderstorm warning in place for parts of Genesee County

By Howard B. Owens

For the next 30 minutes, parts of Genesee County are in the path of a thunderstorm that has prompted a warning from the National Weather Service.

The thunderstorm warning is effect until 7 p.m.

Winds may exceed 60 mph.

The line of storms were located 17 miles west of Medina and 13 miles west of Darien and moving east at 50 mph.

The weather service said that while these thunderstorms contain very little lightning, "do not wait for the sight of lightning or sound of thunder to seek shelter."

UPDATE: Warning cancelled. The Weather Service reports that doppler radar showed the storm weakening at 6:46 p.m.

Motor-vehicle accident at Route 5 and Fargo Road

By Billie Owens

A two-car accident (possibly three) with injuries is reported at Route 5 and Fargo Road. There is entrapment and extrication will be needed for one of the vehicles.

Stafford Fire Department, State Police and Mercy EMS are responding.

UPDATE: (5:18 p.m.): The entrapped person has been extricated. The 46-year-old female driver of one of the vehicles in en route to UMMC with bruises, a sore arm and other minor injuries.

The others involved apparently are being cared for at the scene or being transported via ambulance to UMMC.

City expects cost savings with restructured Youth Bureau staffing

By Howard B. Owens

With a vacant $80,000-a-year position, the City of Batavia is moving forward to eliminate its own youth director position and share the top youth manager position with Genesee County.

By restructuring Youth Bureau staffing, the city hopes to save $15,600 a year while maintaining current programs -- some of which have been around since the 1950s -- at current levels.

"We really need this program to work," said Councilman Bill Cox. "What I like about this proposal is (it's) not only is a reduction in our budget, it's another step toward working together. Whether you call it consolidation or call it shared services, it's one more step toward working with the county."

Under terms of the proposal, the county's current youth director would become the top manager of the city's Youth Bureau. The shared director would work for the city one day a week and the county would provide an additional five hours of clerical support.

The total cost to the city will be $21,365.

Under the current budget, total compensation for the Youth Director position is $78,960, which is based on the salary, taxes and benefits paid out for the former youth director, who retired six months ago. Her base salary was $59,369. However, according to Jason Molino, she didn't use the city's health care plan, so replacing the director position could actually cost $12,000 more.

The projected $15,000 savings with the shared-services agreement is based on the current budget.

In the restructured Youth Bureau, the city would retain a youth coordinator position, raising the compensation from $56,676 to $60,853. A new position, youth program specialist, would be created with a compensation package of $50,000 (base salary of $29,457), and a part-time rec leader position would be retained at $9,453.

Much of the funding for youth programs in the city comes from state grants that have been in place for decades. Among the programs funded is a six-week summer youth program at all five city parks. The summer programs have been in place since the 1950s and are free to the public. They mostly serve youths 6 to 14. Without the grants, the programs wouldn't exist.

Grants also fund a youth/neighborhood technology center, open 2 to 8 p.m. on weekdays, and 1 to 4 p.m. on Saturdays. Funded by Time Warner, the center provides seven computers and tutoring.

The Town of Batavia also makes a contribution toward the cost of the city's youth programs because some town children participate in the programs.

"It’s very important there are some opportunities for youths," said Councilman Sam Barone (pictured). "There’s an old saying, 'You can pay me now, or you pay me later,' but if we give our youths an opportunity to learn and grow it will pay off for us later."

Photo: Giant pumpkins on Walnut

By Howard B. Owens

Paul Schlaggel stands with the giant pumpkins he's selling in front of his place on Walnut Avenue, Batavia.

More traffic trouble at the roundabout

By Billie Owens

Apparently two cars in separate incidences have had accidents within the last half hour at or near the roundabout on Oak Street. Traffic is now backed up "all the way around," an officer says, "so expect some complaints."

One car struck a curb, flattening a tire. A mechanic service is going to change out the tire with the driver's spare and she'll have to pay the expense. The cost will be $54 cash or credit, which the driver says she has. The service is en route.

The woman told police she was "confused," and an officer said she should go to the hospital.

Another car, a silver Mustang, reportedly struck a light pole whereupon the male driver abandoned the vehicle. He is known to police and has friends on Oak Street, which is where he is believed to be.

National Grid has been notified. The Department of Public Works has been notified about the pole.

Sign carrying in front of South Beach not in Suzanne Corona's future

By Howard B. Owens

South Beach owner Ken Mistler announced today that he won't require Suzanne Corona to carry a sign in front of the restaurant saying "I stole from South Beach."

"Her sincere apology was restitution enough for me," Mistler said.

Corona, already facing a public lewdness conviction for her part in a sex act at Farrall Park in June, could have been charged with a felony for trashing the South Beach lunch buffet one afternoon last month. To avoid the charge, she signed a contract with Mistler last week admitting her deed and agreeing to carry the sign for four hours.

Mistler said Corona's husband reached out to him through a mutual friend to ask if during the four-hour walk he could be their to protect his wife from public abuse.

"It was at that point that I realized that this affects more than Suzanne," Mistler said. "It affects her whole family. I can't punish her family for something she did."

Reached this afternoon, Corona said she was grateful to Mistler for his decision.

"That is very wonderful of him," Corona said. "I told this to the media before and it got cut out -- he's a very fair man, a nice man and I respect him very much. I can't thank him enough that he's chosen this direction for my family."

After Corona got out of the hospital following an eight-day stay, she immediately came to Mistler ready to sign the contract, Mistler said. He said he figured that was a hard eight days lying in a hospital bed thinking about what she had done and the anticipation of the walk was probably difficult to think about.

He said he didn't feel the need to ask any more of her.

"She never said she wouldn't do the walk," Mistler said.

While Corona is off the hook for the four-hour "walk of shame," Mistler said he is suggesting to her -- only a suggestion -- that she volunteer for four hours with a local agency such as the animal shelter or help with a charity event.

"I've done that before," Corona said. "I've volunteered in soup kitchens. I've volunteered at a hospice. I can certainly do something for him in that regard. I most certainly will."

RCB will continue to operate Muckdogs in 2011 while seeking buyer

By Billie Owens

Here's a news release from Travis Sick, general manager of the Batavia Muckdogs.

Rochester Community Baseball announced today that it would continue operating the Batavia Muckdogs in the 2011 baseball season.

Naomi Silver, president and CEO of RCB, Inc., stated that "The Red Wings are very pleased to be able to continue to help Batavia in maintaining the operation of the Muckdogs. The Muckdogs are an extremely important asset; not only of great financial value as a Minor League Baseball franchise, but an important entertainment venue in the Batavia community.

"We would not want to walk away from the operation, leaving the team at risk of not being able to support itself financially while awaiting a sale. Our staying will permit the GCBC board the opportunity to seek out a sale of the Muckdogs on terms which will be most beneficial to the Batavia community."

The team has been for sale since late summer. To date, several inquiries have been made and conversations with potential suitors are ongoing.

Brian Paris, president of the Genesee County Baseball Club, the not-for-profit which owns the Muckdogs, said "We are appreciative and grateful that the Red Wings see fit to continue running the operation here in Batavia while we pursue a buyer.

"Our hope is that a local sale will occur, or that an individual or company will step forward with an interest in spending substantial sponsorship dollars, allowing the financial picture to improve. A company interested in naming rights, for example, would make a big difference here in Batavia, the way it has in most communities around the country."

Given the success of the Muckdogs' 2010 season on the field, it is anticipated that 2011 will be a good year for the operation.

Travis Sick, in his third year as general manager of the Muckdogs, is looking forward to solid sales both in advertising and at the ticket office.

Sick said: "We had a great year on the field this past season, and the Red Wings' dedication and support of this franchise bodes well for this community.

"I think our fans and advertisers were concerned that baseball might disappear from the Batavia landscape, but now we can move forward with our planning and sales for 2011. With the recent extension of the working relationship with the St. Louis Cardinals, I think we can expect another great year on the field."

Selling Falleti Ice Arena won't come without a cost

By Howard B. Owens

If the city were to sell the Falliti Ice Arena, it would have to get at least $450,000 for the 30-year-old facility according to City Manager Jason Molino.

That base price would cover current debt on recent improvements to the facility, the Zamboni ice resurfacer as well as the cost of separating the HVAC and sewer line, which is shared with the Batavia Fire Department headquarters.

Councilwoman Patti Pacino, for one, doesn't think any investor will pay as much as $450,000 for a facility that old and attached to a municipal building. What's more, she's worried that once the building has new owners, they will be under no obligation to provide community services, such as hosting local hockey leagues and high school programs.

What if some day they wanted to turn it into a discotheque, or something else, she mused.

"That (loss of community use of the facility) frightens me," Pacino said.

Councilman Bill Cox  (pictured) said he's pleased with how well things are going with the current management company, but doesn't think the city should own an ice arena.

"The ice arena is (a) great service and it’s enjoyed by people from throughout the county, but it’s not a vital service to the city," Cox said. "I believe we have to get out of areas that really aren't vital city services and involve private business."

Councilman Bob Bialkowski is all for selling the facility. He said he already received calls from local business people supporting the idea of selling it, wondering what the city was doing running an ice rink to begin with.

Technically, the city doesn't run it. For the past four seasons, a management company, Firland, has run the rink, and by all accounts, has done a good job. Firland has made all of its obligated payments to the city, totaling more than $160,000.

If the agreement were renewed -- which Firland wants to do -- the city could expect $400,000 from Firland over the next 11 years, enough to cover debt service, including the $75,000 still owed on the Zamboni machine.

If the city were to sell the facility, Molino said in a report, the sale price might only be four or five times current revenue, or between $300,000 and $400,000.

That's just a guess at this point. If the city were to get serious about selling the arena, a request for proposal would need to be written and an appraisal done -- a process that would cost the city thousands of dollars.

That cost scared off some council members from supporting the RFP process and by consensus, the council went along with a suggestion by Molino that the city generate a request for interest statement and float it around to potential buyers -- just to see if there is a market for the facility.

"It’s not every day that an ice rink goes on the market that’s 30 years old in a rural market like this," Molino said.

City Attorney George Van Nest also cautioned council members that finding a buyer could be difficult.

"There are going to be several strings attached, which is going to make it less attractive to a purchaser," Van Nest said.

Councilman Frank Ferrando said the currant arrangement with Firland seems to be working out well and from what he hears, hockey and ice skating are "booming" at Falleti.

"We need more booming kind of things happening in Batavia," Ferrando said. "I would hate to see us lose that just because we want to get rid of (the building)."

Police Beat: City officer makes DWI arrest

By Howard B. Owens

Michelle Richmond, 41, of 207 Washington Ave., Batavia, is charged with DWI, driving with a BAC of .18 or greater and speeding. Richmond was stopped at 2:52 a.m. on West Main Street, Batavia, by Officer Darryle Streeter.

William L. Verney, 29, of Alexander, is charged with conspiracy, 6th. Verney was arrested by State Police on Monday for an alleged incident reported on Oct. 10 on the Tonawanda Indian Reservation. No further details were released.

Jeffery A. Fitzsimmons, 18, of Medina, is charged with unlawful possession of marijuana. Fitzsimmons was arrested by State Police at 1:05 a.m., Saturday, on Route 63 in the Town of Alabama.

Harold Miles, 52, of Batavia, is charged with introduction of prison contraband, 2nd, and criminal possession of a controlled substance, 7th. Miles was arrested by State Police on Saturday for an alleged incident reported on Oct. 19. No further details were released.

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