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Power lines down in part of Le Roy

By Billie Owens

Le Roy Fire Department is responding to a report of power lines down in the area of Asbury and Harris roads.

UPDATE 3:45 p.m.: The source of the outage is identified as Niagara Mohawk Power pole no. 9428, which was replaced just last weekend. The cable company is being alerted because the line is arcing into its line.

Police Beat: Woman accused of violating order of protection

By Howard B. Owens

Lori A. Brickwood-Coles, 31, of 219 Liberty St., Batavia, is charged with criminal contempt 2nd. Brickwood-Coles is accused of violating an order of protection. She was ordered to stay away from the work place of an acquaintance and allegedly did not.

Accidents from the State Police blotter:

2:52 p.m., Feb. 17, Maple St., Alabama, one vehicle; Driver 1: David L. Tyler, 58, of Le Roy. No injuries.

4:17 p.m., Feb. 17, Gabby Road, Pembroke, two vehicles; Driver 1: Tiffany L. George, 23, of Basom; Driver 2: James L. Keyes, 48, of Buffalo. No injuries.

7:32 p.m., Feb. 17, Steven Hawley Drive and Bank St. Road, one vehicle; Driver 1: Kathy A. Saeli, 47, of N. Chili. No injuries.

8:38 p.m., Feb. 17, East Main St., Town of Batavia, one vehicle; Driver 1: Dimitrios G. Manou, 19, of Webster. No injuries.

8:28 p.m., Feb. 16, Route 63, Alabama, one vehicle; Driver 1: Jeffery A. Luxon, 25, of Middleport. No injuries.

Assemblyman Hawley deems delay of state tax refunds 'unacceptable'

By Billie Owens

Assemblyman Steve Hawley (R,I,C—Batavia) responded thusly to Governor Paterson’s proposal to temporarily withhold state-tax refunds from New York residents.

“This week’s announcement by Governor Paterson that he plans to delay state income-tax refunds is unacceptable and just another prime example of Albany’s inability to manage taxpayer dollars,” Hawley said. “Many families and small businesses depend on receiving their refunds on time in order to make large purchases, which in turn boost their local economy. By withholding these refunds, Albany is adding to the unreasonable financial strain New Yorkers are already being forced to bear.”

The Paterson administration is considering a plan to withhold $500 million dollars in refunds, in order to help close the budget gap. In doing so, the state does not have to pay interest on withholding the tax refunds until 45 days after April 15, giving the state an interest-free loan from taxpayers. According to the governor’s office, tax refunds will be sent to filers no later than the first two weeks of April.

“Taxpayers are mandated to submit their tax returns on time every year or face an interest penalty. If the state is late in paying refunds, why shouldn’t it be forced to pay taxpayers back with interest, too? It is my hope that in the coming days, the governor will reconsider this ill-advised proposal and give taxpayers the refunds they deserve. Otherwise, my advice to New Yorkers is the same that I give to my own family: take more exemptions on your future tax filings because it’s your money to begin with, not their's,” Hawley concluded.

GCC students pull an all-nighter to help Haiti

By Billie Owens

Yo yo, check it out...

When a group of dedicated students and faculty join together to support an important cause, creative things can happen -- especially in the middle of the night.

At the Feb. 5 "All-nighter for Haiti" at Genesee Community College, more than 50 students willingly shared a sleepless night in the Student Union pledging their support for the earthquake-ravaged country.

Under the guidance of Candice S. Faulring, instructor of psychology and faculty advisor to the Gay-Straight Alliance student club, the event not only raised nearly $2,000, it  created a new sense of camaraderie from an array of different student clubs.

"The students were very excited throughout the night and in the end, they just didn't want the positive experience to end with the all-nighter," Faulring said. "We are already planning to make this an annual event, picking a new charitable cause each year. Of all the things I've been involved with at GCC, this is one I'm most proud of."

The event was co-sponsored by the following student clubs and departments: Gay-Straight Alliance, the African-American Student Union, FORUM Players, the Art Club, College Village and Student Activities. Proceeds from "All-nighter for Haiti" will be donated to Yele Haiti and Doctors Without Borders – Haiti.

The students groups worked together to organize the all-night series of different activities that included team-building exercises, movie features, a karaoke contest, ping pong and billiard games, pizza and wings at midnight, comedy, and perhaps most dynamically, the heartwarming, one-hour discussion about Haiti. Students talked about how people around the world, not the least of which includes GCC, are pulling together to help bring the impoverished nation back from the brink of oblivion.

"What was so wonderful was the open, honest conversations that drew the students from very diverse backgrounds and different interests together," Faulring said. "Cohesion like this doesn't happen in just an hour in a classroom setting. New friendships were definitely made that night and those will last long beyond the all-nighter helping Haiti."

Students are looking forward to sharing their experience by posting their photos on Facebook and continuing their communication through the Internet. They are also beginning to plan the next all-nighter this fall.

The term "pulling an all-nighter" may conjure negative images of students cramming for an exam, finishing a paper or working through a double shift. But this "all-nighter" brings to mind students and faculty dedicated to helping people in need. It really means creative collaborations that lead to camaraderie.

For more information please contact Candice Faulring, instructor of psychology at Genesee Community College at 343-0055 x6295 or email csfaulring@genesee.edu.

Kid Rock fan pleads guilty to disorderly conduct in exchange for no jail time

By Billie Owens

Peter H. Scrooby is officially persona non grata at Darien Lake Theme Park after reaching a deal with the Genesee County District Attorney's office over his July 15 disorderly conduct charge.

The 33-year-old Irondequoit resident was accused of violating 240.20 of the state penal code while attending the Kid Rock concert last summer. Tonight in Darien Town Court, he agreed to plead guilty to the charge in exchange for no jail time and no factual admission of being a disorderly person.

Under what is known as the Alfred procedure, the prosecutor recited the evidence against the defendant, who waived his right to a trial and cross-examination by witnesses. It's the same as being convicted by trial.

Scrooby was present with his lawyer, Tom Burns, and wore cream-colored pants, black shoes, a dark-brown jacket, white shirt and a geometric-patterned, olive-green tie. His shoulder-length, light-brown hair appeared uncombed.

Assistant District Attorney Robert Zickl relayed the people's version of things to Justice Gary Graber.

Security guard Kevin Nunn reported that after another security employee made him aware of Scrooby's conduct, he found Scrooby standing on a chair and smoking a cigarette, neither of which are permitted at the concert venue.

Nunn claims he told Scrooby to stop those actions and that Scrooby "seemed to ignore" the directives at first, but did put the cigarette out and seemed about to get down off the chair when Nunn left. Shortly thereafter, Nunn returned to find Scrooby once again smoking a cigarette and standing on his chair. It was then that Scrooby was told to leave and he "indicated he would not leave."

Zickl said with thousands of concertgoers present, the security team aims to handle problems as quickly and efficiently as possible so as not to incite a riot or create more trouble.

"Scrooby had to be carried from the seating area to the gate, screaming profanities," Zickl said. "At the North Gate, where people enter and leave the concert area, a guard said he was kicking and rearing back with his head. He was screaming 'Look what you're doing to me! Can you see what they're doing to me?!'"

Zickl said Scrooby's behavior constituted public inconvenience, annoyance or alarm.

Burns said his client admits smoking and standing on his chair but claims someone came on the loudspeaker and told people to stand on their chairs, which is why he did that. As for Scrooby's behavior while being removed from the concert, Burns said the way his arm was twisted behind his back caused "excruciating pain" and he displayed an "instinctive type of reaction to pain." His client also maintains that there was inappropriate conduct by security personnel.

"We ask as part of this agreement that he not be welcome back at Darien Lake," Zickl said.

Justice Graber OK'd that restriction, fined Scrooby a mandatory surcharge of $125 and ordered bail money be refunded.

Graber said concerts are necessarily more restrictive than other public activities in what can and can't be allowed.

"There's a way to walk out and deal with it later," Graber told Scrooby. "We'll consider this a lesson learned."

NOTE: This story is a follow up to an article we did July 15 about what a night is like in Darien Town Court when a big concert is being held at Darien Lake Theme Park. Scrooby was one of the defendants who came through the court room that night.

UPS truck involved in accident in Pembroke

By Howard B. Owens

A UPS driver making a left hand turn reportedly did not see an oncoming car causing an accident at 1020 Akron Road, Pembroke this morning.

The second driver, Kenneth Benware, II, 56, of 365 Wright Road, Akron, was injured and transported to an area hospital.

The driver of the first car was Adam M. Stone, 29, of 27 Spencer Court, Batavia. He was driving a truck owned by United Parcel Service.

Stone was given a ticket for allegedly failing to yield the right of way.

Structure fire reported at South Main and Walnut streets

By Billie Owens

A structure fire is reported near the north corner of South Main and Walnut streets, by the roundabout, in the City of Batavia. Smoke was said to be coming from a yellow house. But a fireman reports: "I'm in the area, I don't see anything yet."

UPDATE (12:57 p.m.): Fireman says "Nothing showing, We're clear here."

Two-vehicle accident in Pembroke

By Billie Owens

A two-vehicle accident with injuries is reported on Akron Road in Pembroke, east of Wyman Road. Pembroke and Indian Falls are responding, along with Mercy EMS. Fire police are requested to block traffic on Akron and Wyman and Akron at Route 77.

Travel Schedule: Jetting off to DC

By Howard B. Owens

Billie will handle the bulk of the site update duties over the next two days.

I'll be in Washington, D.C.. I'll be participating in a meeting on the future of journalism, where I've been invited to discuss The Batavian. The group hosting the discussion is preparing a White Paper on the topic. The study group is made up of academics and government officials.

I'll be online as often as possible (multitasking as always, except when I'm on a plane or it's my turn to speak).

Genesee County dispatchers on path to rare accreditation

By Howard B. Owens

The Genesee County Emergency Dispatch Center is on track to become one of the elite dispatch centers in the state, if not the country, with Director Steven C. Sharpe setting the bar high.

It's Sharpe's goal -- and has been since 2006 -- to have the dispatch center receive an Accredited Center of Excellence rating from the the National Academies of Emergency Dispatch.

No New York county has received an ACE rating since Monroe did it 18 years ago.

"It’s aggressive, but if you want to be the best and you want to say you’re the best, then you prove it by doing it," Sharpe said.

Sharpe, along with dispatchers John Spencer and Beth Hynes-Fisher will attend a training program in Orlando, Fla., in April that will provide the trio with more information on what it takes to win the accreditation as well as training in leadership, educating others and quality assurance. There will also be a series of classes on specific dispatch situations they can take.

The accreditation focuses on emergency medical dispatch, but Sharpe said the benefits go beyond sending ambulances out.

"The thing is, it doesn’t just effect our emergency medical dispatching," Sharpe said. "It makes us better dispatchers for police and fire as well.”

While achieving the accreditation is something Sharpe set his eye on as far back as 2006, he couldn't have dispatchers focus on the training during the years of moving into a new facility and consolidating with Batavia and Le Roy. Sharpe said his team started concentrating heavily on the accreditation in June and has already achieved a better than 90-percent compliance with protocols and calls. Accreditation requires at least 90-percent compliance on most calls and more than 95 percent on certain types of calls.

Part of the procedure required is that dispatchers go through a series of questions with callers in emergency medical situations. It's important for dispatchers to correctly assess the situation so they send the right personnel and ensure the emergency responders are properly prepared for what they might find.

"People often ask, 'why am I being asked all these questions?'" Sharpe said. "What we’re trying to do is find out what all the signs and symptoms are, and more importantly, give you instructions so you can help the person who is in need of assistance."

He said callers don't often understand that while one dispatcher is conducting the interview, another dispatcher is already starting an ambulance to the scene. Callers sometimes express concern that an ambulance isn't being sent right away, and that usually is not the case.

Sharpe joined the Sheriff's Office in December 2005 after eight years in the Air Force working in intelligence. He said his USAF background plays a critical role in how he approaches his job now.

"One of the core values of the Air Force is excellence in all we do and this is one of the things I carry over into here," Sharpe said "It’s what we expect of our dispatchers. It’s a very challenging job. It’s a very difficult job. It’s very stressful. But they hold themselves to such a high standard."

Dispatch Center photo is a file photo.

Weather: Roads could be glazed with ice overnight, through the morning

By Howard B. Owens

Danger: Slippery, icy roads.

That's the warning tonight from the National Weather Service, which has issued a winter weather advisory effective through 11 a.m.

The wet snow of this afternoon is giving way to a freezing drizzle overnight.

The icing will be minimal, notes the Weather Service, but it doesn't take much to put a thin glaze on roadways.

Untreated roads will be quite slick.

Woman dies in storm-related accident in Pembroke

By Howard B. Owens

An 80-year-old woman from Akron died this evening after a car she was riding in slid on ice-covered roads into oncoming traffic.

Audrey E. Micciche was transported to UMMC and pronounced dead shortly after her arrival.

The driver, Mario J. Micciche, 80, also of Akron, was transported to UMMC with serious injuries.

The accident occurred at 4:52 p.m. on Route 5 about a tenth of a mile west of Indian Falls Road in Pembroke.

Mario Micciche was driving a 2001 Saturn Suburban west bound when he apparently lost control of the vehicle. The car slid into the eastbound lane where it was struck by a 2003 Ford Taurus.

The Taurus was driven by Deborah B. Osborne, 55, of 8896 Fargo Road, Stafford.

Osborne was transported to UMMC where she was treated for non-life-threatening injuries.

There were no other passengers in either vehicle.

The crash is being investigated by Deputy Kevin McCarthy, Deputy Tim Wescott, Investigator W.T. Ferrando.

No charges have been filed.

Responding to the scene were East Pembroke Volunteer Fire Department, Pembroke Volunteer Fire Department, the Pembroke Highway Department and Mercy EMS.

Weather: Continued light snow, some wind, lots of cold

By Howard B. Owens

It's snowing lightly right now, and the light snow is expected to continue into tonight and tomorrow morning.

It should taper off to flurries by Friday, but there's some bit of snow in the forecast through Monday.

And some wind, up to 20 mph at times.

And cold -- below 30 degrees until Saturday, when the temperature might reach a blistering 31 degrees.

Photo: Another barn shot. This one on Route 63 heading out toward Oakfield, but still in the Town of Batavia, I beleive.

Award announced for The Batavian in newspaper Web site contest

By Howard B. Owens

A 125-year-old newspaper industry trade group announced today a third-place award for The Batavian in the General Excellence category for news Web sites in small circulation markets.

This marks the first time the Inland Press Association -- which counts among its members more than 1,100 newspapers in North America -- has given an award to an online-only news site.

Entrants in the contest were judged by a group of seven academics and industry experts. The judges said of The Batavian:

With many interactive storytelling features including polls and feedback on each story, The Batavian serves its audience with a well-edited community-focused site.

The top winners in the category were the Statesboro Herald, out of Statesboro, Ga., for its Web site, StatesboroHerald.com, and taking second was NVDaily.com, the Web site of the North Virginia Daily, out of Strasburg, Va.

The Batavian entered the contest in the 20,000 or less circulation category after being informed by officials at IPA that its entry would be welcome. Even though The Batavian has no print circulation, the category seemed appropriate given the newspaper in the local market, the Batavia Daily News, has a circulation somewhere in the 10,000 to 11,000 range.

Taking top honors in the over 20,000 category was The News-Gazette, Champaign, Ill. for its Web site, IlliniHQ.com.

The Inland Press Association first gave a General Excellance award for Web site publishing in 2006. Winning that inaugural award was Bakersfield.com, the Web site of the Bakersfield Californian. Howard Owens, publisher of The Batavian, was VP of Interactive for the Californian just prior to IPA honoring the Web site.

Batavia City Council moving closer to considering whether to set up committee system

By Howard B. Owens

There is at least some interest among Batavia City Council members in setting up a committee structure similar to what the County Legislature uses.

When voters approved a revised City Charter in November, they granted the council the ability to reorganize the way it does business by going to a committee system.

City Council President Marianne Clattenburg said that the first priority for the new year was getting a budget passed, and with that vote scheduled for Monday, the council can turn its attention to strategic planning, which includes reviewing committee structure and options and deciding what would be best for the city.

"This is something for council to decide -- whether we want to have standing committees or set up temporary ad hoc committees -- as part of our strategic planning process," Clattenburg said. "I haven't really looked at it that closely yet. I’m going to let the council debate that as a group and go with the majority opinion."

At the County Legislature, the legislature has divided itself into three standing committees -- Public Safety, Human Services and Ways and Means. Resolutions are drafted by staff, brought to the committee and reviewed by the elected officials on the committee. Resolutions that involve an expenditure often go through two committees, with one of them being Ways and Means. By the time a resolution reaches the entire legislature, all members have reviewed it in one or more committees. When the legislature meets as a body, the resolutions are usually passed with very little discussion.

That is not a process that received universal support from council members.

Fifth Ward Councilwoman Kathy Briggs said she supports the idea of standing committees, but doesn't believe that issues shouldn't also be discussed when the full council meets.

"I would like to have a committee do research, come up with recommendations and go from there and we have a healthy discussion (at council level)," Briggs said. "I would never want to have a situation where it’s 'here’s the recommendation and here you go.' I don’t think that would go over well."

But operating more like the County Legislature is exactly what the council should do, according to Fourth Ward Councilman Bob Bialkowski.

"I honestly feel we can streamline the way we’re doing our business," Bialkowski said.

At-Large Councilman Frank Ferrando said he's interested in the committee system and believes a majority of his colleagues are intrigued by the idea, but he wants to know more about how Batavia might move forward with a reorganization.

"I think committees, in my personal opinion, are committees working on specific assignments, whether ad hoc or permanently, and they can work more efficiently and effectively to help the council in a way that will make the council better and better able to react to situations," Ferrando said.

In the Third Ward, Councilman Sam Barone isn't sure about committees. He said he hasn't decided one way or the other whether he will support a committee system.

Councilwoman Rose Mary Christian, representing the Sixth Ward, said she needs to know more about how a committee system would work before deciding whether to support it.

Council members Bill Cox, Tim Buckley and Patti Pacino could not be reached for comment.

OTB committee reports productive meeting with Lottery officials on Batavia Downs

By Howard B. Owens

Batavia Downs is not closing.

That's the message this morning from Western OTB Board Member Dick Siebert, who was part of a committee that met with State Lottery officials in Schenectady yesterday.

"We want our friends in the community and our employees to know that they're not going to be out of jobs," Seibert said. "Batavia Downs is not closing and that never really was the plan according to them (Lottery officials)."

The OTB told Lottery officials that they will begin immediately the process of hiring a consultant to help Batavia Downs come into compliance with Lottery regulations. The consultant will be hired in cooperation with the Lottery.

There have been no allegations of any misuse of funds, missing funds or serious wrongdoing. The Lottery issued a letter Feb. 3 raising concerns about procedural and administrative practices at the Downs and threatened to pull its video lottery terminals by March 1 if the Downs did not take steps to correct the reported deficiencies.

Siebert said he believes Lottery officials are now satisfied that the OTB board has a plan and is on the right track to address the state's concerns. The March 1 deadline has been lifted, he said.

"I'm sure as long as we show we're working diligently to do what the Lottery wants us to do, I'm sure the Lottery will be flexible (on the deadline)," Siebert said.

The consultant -- which must be approved by the Lottery -- will help the Downs comply with Lottery requirements and ensure it remains open.

Today's Deals: Enchanted Florist, Present Tense, Color Salon and more

By Howard B. Owens

The Enchanted Florist, 202 E. Main St., Batavia, NY:  Spring is almost here, but you an make your home or office feel like spring now with flowers! We have a $20 gift certificate for $9.50.

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

The Color Salon, 35 Center St., Batavia, NY: Susan Francis, the owner and stylist at The Color Salon reminds women, "your hair is your greatest accessory." Francis has more than 20 years of experience helping women get the best hair color. We have a $50 gift certificate for $25.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 eac

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: The Batavian is able to offer a limited number of reduced price hair cuts for children under 12. Click Here for details of the offer and to purchase vouchers.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here

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