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Drinking ban on public property in the city extended to picnic areas

By Howard B. Owens

If you're the guy who wants to walk down to your neighborhood park afterwork, kick back and drink a beer, Councilman Frank Ferrando has a message for you: Use your own backyard.

Ferrando was among five Batavia council members on Monday to vote in favor of a change in the local code banning adult beverage consumption, without a permit, in picnic areas in public parks.

Drinking was already banned on all publicly owned property in the city, with the exception of picnic areas.

"We keep having the example of the guy who wants to have a beer in the park," Ferrando said. "He can have the beer in his back yard if he wants to have a beer. We don't want to have somebody seriously injured because he drove to the park, got drunk and then got in his car. The guy doesn't need to have a beer in that park."

John Roach and Dan Jones (inset) both used the public comments section of the council's agenda to speak against the proposed ban.

"It has nothing to do with public safety and it has nothing to do with public health," Roach said. "There are plenty of laws in place to deal with disorderly conduct or throwing trash around, but this is unnecessary. It's just something to keep people you don't particularly like out of the parks."

Jones, a candidate for city council, called the change in the law an affront to personal liberty.

Roach said he found it ironic that it was the Republicans (supposedly the party of individual freedom) on the council pushing for the change in the law.

Ferrando said the decision had nothing to do with politics.

"Whether it's Republican or Democrat, I don't know what that means," Ferrando said. "I think we all vote our conscious and what's best for the community. I don't think any politics is involved."

Rosemary Christian was among the three Democrats -- along with Kathy Briggs and Sam Barone -- who voted against the change.

"It's a violation of my rights," Christian said. "I pay for the right to enjoy these parks. If I want to smoke, if I want to have a beer, without bothering anybody else, without hurting anybody, without destroying property, then it's a matter of rights."

Even before the change, it's not like the guy with the beer could go toss a line into the Tonawanda Creek and pop open a Miller High Life, nor could he take his girlfriend down to Ferrell Park and spread out a picnic blanket and uncork a bottle of pinot noir. Alcohol consumption outside of the picnic areas -- defined, it seems, as the pavilions, was already illegal.

Now the guy with the beer needs to apply in advance for a permit, which will cost him $25.

Accident reported on Attica Road at railroad underpass

By Billie Owens

A motor-vehicle accident, unknown injuries, is reported on Attica Road at the railroad underpass. Alexander Fire Department is responding.

UPDATE 12:35 a.m.: The roadway is reportedly blocked.

UPDATE 12:37 a.m.: There is said to be one patient just north of the accident scene.

Possible fuel fire reported at Kwik Fill in Le Roy

By Howard B. Owens

A possible fuel fire has been reported at the Kwik Fill, 7010 W. Main Road, Le Roy.

The spill and fire was reported by a neighbor who said the fire may have been put out using a fire extinguisher.

Le Roy Fire Department is responding.

UPDATE 8:55 p.m.: First chief on scene reports no fire showing. Trucks can respond non-emergency.

UPDATE 8:56 p.m.: First engine on scene. A chief reports, "It was just a minor cleaning issue. No issues at this time."

Traveling paving company reportedly back in Genesee County

By Howard B. Owens

A paving company suspected last year of doing substandard work is reportedly back in the area approaching local homeowners with the same "leftover asphalt" offer it's used before.

State Police Investigator Leo Hunter said the company, Stanley Paving, completed a paving job for a couple in Stafford on Friday. After the job was done, the couple remembered a media report from last summer about the company.

A Google search led them to contact Hunter, though they're not making any sort of criminal complaint.

The job, Hunter said, was more or less completed as promised, though there was reportedly a price increase in the middle of the job and the couple is unsure of the quality of the work.

Hunter said a representative of the company, which also goes under the name Bithumus, approached the husband on Friday. He said he had some asphalt left over from another job and could repave his driveway for $75 per square foot. The man agreed to the job.

When the job was half completed, the company rep claimed they didn't have enough asphalt to finish the job and would need to buy more at a higher price. It would take another $3,800 to complete the job. The price was negotiated down to $3,300.

The company rep was driving a new white pickup truck.

Train stopping in Corfu for smoke coming from railroad car

By Howard B. Owens

A CSX train is stopping at the Ellinwood crossing, Corfu, for a possible fire in a train car.

It's unconfirmed that there is a fire, but there was a report of heavy black smoke coming from car.

The train was originally going to stop at Wilkenson Road, so East Pembroke Fire Department was dispatched.

A deputy on scene says he sees the train, but nothing is showing.

UPDATE 2:40 p.m.: A passerby called in the smoke. CSX was contacted and is stopping the train as a precaution. No confirmed fire at this time. Corfu fire is staging in their district at Ellinwood. East Pembroke is staging at Wilkenson.

UPDATE 2:51 p.m.: Nothing found yet. An engineer indicates that one of the diesel engines was blowing some black smoke at some point, but no indication of a fire.

UPDATE 2:59 p.m.: The train is being sent on its way. All fire units back in service.

Attica man convicted for DWI under Leandra's Law fails to show for sentencing

By Howard B. Owens

Roland J. Reed, 40, of Attica, was scheduled to appear in Genesee County Court this morning to be sentenced on a DWI conviction, but when his case was called, he wasn't in court.

None of the attorneys involved in the case were surprised.

A warrant was issued for Reed's arrest June 9 when he allegedly violated the terms of his release under the supervision contract with Genesee Justice.

On Oct. 11, Reed was arrested for driving drunk in the City of Batavia with two children in his car, a 2-year-old and an 8-month-old. He was jailed on $25,000 bail

Reed had two prior DWI convictions at the time of his arrest.

On Oct. 22, Reed entered a guilty plea to felony DWI with a possible sentence of from one to four years in prison. As part of the plea deal, Reed's bail was reduced and he was released under supervision.

Authorities are unaware of Reed's whereabouts and there remains an active warrant for his arrest.

The Batavia PD's confidential tip line number is 345-6370.

UPDATE: To clarify, Reed original plea agreement was for 1 1/3 to 4 years in state prision.  By not showing up today, Reed loses his negotiated sentence cap and faces 2 1/3 to 7 years, the maximum possible sentence for a Class D felony.

Live wires down on Edwards Street in the city

By Billie Owens

There are live electrical wires down at 8 Edwards St. in the City of Batavia. City firefighters are responding. They were possibly torn down by a passing semi truck.

UPDATE 12:37 p.m.: The lines involved are for cable services. Time-Warner and Verizon are being notified.

"No hazard here and we're going to be clearing," says the chief.

Level 3 sex offender reconsidering plea offer, also sentenced on failure to register conviction

By Howard B. Owens

A Level 3 sex offender convicted by a jury in June of failure to register his proper address will serve one-and-a-quarter to four years in State Prison, the maximum sentence on the charge available to Judge Mark H. Dadd.

Meanwhile, Ronald A. Smith, 19, of Batavia, was given until Friday to decide whether to take a plea offer on three felony counts of sexual abuse in the first degree.

Smith is accused of sexual contact with children under age 11 within months of being released from state custody on a prior sex crime conviction.

Public Defender Gary Horton said Smith indicated that he wished to proceed to trial on sexual abuse charges, but by this morning had a change of heart and wanted time to discuss the plea offer with his family, particularly his mother.

If convicted at trial of all three counts, Smith faces up to 21 years in prison (maximum sentences of seven years each, and if imposed consecutively).

District Attorney Lawrence Friedman has offered a maximum five-year sentence -- the minimum sentence available for a second violent felony offender -- in exchange for a guilty plea.

Smith is scheduled to reappear in Genesee County Court at 9:45 a.m., Friday, to either plead guilty or request that his case go to trial.

Smith was arrested in January on the sexual abuse and failure to register charges, less than four months after being released on a similar sexual abuse conviction. Smith reportedly lived for a time on Thorpe Street, on East Main Street and in Oakfield. He only ever registered his address on Thorpe Street.

The failure to register charge was tried separately from the sexual abuse charges and a jury returned a verdict in less than two hours on June 22.

Judge Dadd, out of Wyoming County, presided over the trial because Judge Robert C. Noonan was presiding over a civil trial in Orleans County at the time.

Noonan was on the bench today for Smith's plea cut-off hearing, which followed the sentencing by Dadd on the failure to register charge.

Photo: Flood on Liberty Street

By Howard B. Owens

A couple of Liberty Street residents splash around in flood waters that covered about 50 yards of the roadway following this evening's heavy rainstorm.

Photo: Beagle who lost his way home

By Howard B. Owens

This beagle appeared late this afternoon on the porch of residents on Lyon Street. They're hoping to locate the little guy's masters. Call 813-7362 or 201-1128.

UPDATE 8:16 p.m.: Thanks, readers. The dog's owners have been found.

Series of car break-ins reported at Darien Lake

By Howard B. Owens

A deputy investigating a larceny from a car in the parking lot of Darien Lake Theme Park reports there are potentially several other thefts from cars.

The deputy said he's had several women approach him saying they have found the purses of other women in their cars and their own purses missing.

He's currently dealing with another car in the C-1 section that has had several items stolen from it.

Man with overheated car on Thruway suffers steam burns to face

By Billie Owens

A 19-year-old man is suffering from steam burns to his face and difficulty breathing following an accident involving an overheated vehicle on the Thruway. East Pembroke Fire Department and Mercy medics are responding to mile marker 394. 9 in the eastbound lane. Radiator fluid burned him.

UPDATE 2:51 p.m.: Responders are advised that traffic is still backed up on the Thruway due to the camper rollover accident about an hour ago. The chief tells them to get on the south shoulder and "run the shoulder" to get to the burn victim.

UPDATE 3:11 p.m.: The patient is being transported to Erie County Medical Center.

RV rollover on eastbound Thruway

By Billie Owens

An RV rollover accident is reported in the eastbound lanes of the Thruway at mile marker 392.5. Unknown injuries. Town of Batavia Fire Department and Mercy EMS are responding.

UPDATE 155 p.m.: Mercy Flight is on ground standby.

UPDATE 1:57 p.m.: There are six five patients and another Mercy unit is called to respond in high emergency mode. Mercy Flight is cancelled. A propane tank has been pulled off the camper by a bystander as a safety precaution. The accident site is on the shoulder of the roadway. Traffic police are requested.

UPDATE 2:03 p.m.: A third Mercy rig is responding.

UPDATE 2:07 p.m.: There are three children and two adults, all with minor injuries, who will be transported to the hospital for evaluation.

Photo: Alexander fire truck for sale

By Howard B. Owens

If you're in the market for a used fire truck, the Alexander Fire Department has one for sale. It looks like lights and siren are included.

Photos: Attica Rodeo

By Howard B. Owens

I spent a little time at the Attica Rodeo on Saturday hoping to come away with some pictures of Genesee County residents competing. I came away with two.

Above, Rob Wright of Alexander wrestles with a calf. Below, Tim and Todd Buckenmier compete in calf roping.

Below, a slide show of other photos I took while I was there.

Train cars reportedly come loose while train passing through Bergen

By Howard B. Owens

A CSX engine reportedly lost some tanker cars as it passed through the Village of Bergen.

The tanker cars came loose from the train and the engine continued.

The cars are reportedly still on the tracks in the parking lot right behind the Ralph & Rosie deli.

Route 19 is not blocked.

Dispatch has received two calls on the situation.

CSX is being contacted to shut down the line.

UPDATE 11:43 a.m.: CSX contacted the conductor who has stopped his train and is now doing an inventory of his cars.

UPDATE 11:44 a.m.: CSX advices there were three trains coming through the area. The train that may have lost the cars was the third train through, so there should be no other trains coming through.

Top Items on Batavia's List

Tourism Marketing Assistant Position The Genesee County Chamber of Commerce, serving as the official tourism promotion agency for Genesee County, NY is seeking an experienced marketing professional to assist in the overall Chamber tourism and marketing initiatives for Genesee County. https://visitgeneseeny.com/about/join-our-team
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Town of Batavia Court Department is seeking a part time as needed Court Officer. Court Officers are responsible for maintaining order in the court room and court facility during proceedings. Please send resume to Town of Batavia, Attention Hiedi Librock, 3833 West Main Street Road, Batavia, NY 14020. Complete job description is available on the Town web site or at the Town Hall Application deadline is April 15, 2024.
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