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House fire reportedly put out right after the call is made

By Billie Owens

A house fire was reported at 9503 Clipnock Road in Stafford. All equipment and manpower were called from Bethany and Stafford fire departments.

But as soon as the calls went out, residents called to say the fire is out.

It was in the upper apartment of the house and started by a stove fire.

Bethany is continuing its response non-emergency. Stafford is standing down.


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Photos: When will it snow?

By Howard B. Owens

Blake Polito, Mitch Riter and Austin Wilkson can't wait for it to snow so they can ski.

But while they wait, they hit upon an ingenious idea -- use the ice dumped from the Zamboni at the Falleti Ice Arena to fashion a mini ski ramp and get some practice in now.

The trio was out behind the arena today practicing-- with permission, they said, from the arena management.

If it's snow they want, they reportedly won't have long to wait. The National Weather Service has issued a lake effect snow watch from Friday afternoon until Saturday evening for parts of Genesee County, including, potentially, Batavia.

Two more pictures after the jump:

Suzanne Corona sentence: One year probation

By Howard B. Owens

Suzanne Corona -- the 41-year-old Batavia woman who admitted to sexual contact with an Oakfield man in Farrall Park over the summer -- was sentenced this afternoon to one year probation by City Court Judge Michael Delplato.

Her attorney, Brian Degnan, asked a conditional discharge -- meaning the charges would be dropped if Corona complied with certain requirements over a six-month period -- but Delplato said he thought the Probation's Department recommendation for probation was best for Corona.

Corona will need to continue in substance-abuse counseling, which she already started voluntarily, and stay out of trouble.

She previously pled guilty to public lewdness, a misdemeanor, and an adultery charge against her was dropped.

Outside of the courtroom, Corona was she was glad to put the embarrassing case behind her.

"I'm glad it's over," Corona said. "It was a long time coming. I'm glad. My family's glad."

Then she told the handful of reporters gathered outside the courthouse, "Hopefully there will be another scandalous behavior in Batavia to keep you all busy."

The reporters laughed and WHAM-13's Sean Carroll said, "One that doesn't involve you, right?"

"No, it won't involve me," Corona said.

Corona told Delplato prior to her sentencing that she's been going to private counseling three times a week and a group session once a week.

One reason Delplato decided upon probation, he said, was because she had a prior arrest in another state and she never went to court on the matter. There is an arrest warrant, he said, for her in that jurisdiction.

"It's my responsibility to fashion a sentence that addresses the needs you have," Delplato said. "That's why I'm sentencing you to a year in probation.

Delplato also ordered Corona not to have any contact with her co-defendant, 29-year-old Justin Amend.

Amend is currently a fugitive from justice. A warrant was issued for his arrest earlier this month after he failed to appear for his sentencing on a public lewdness conviction.

Police group is soliciting funds to help community groups

By Billie Owens

Here's a news release:

The Batavia Police Benevolent Association is conducting a fund-raising drive this winter. The association will be sending out mailings to help raise money to help support various community groups.

For years, the Batavia PBA has helped fund programs in and around Batavia, such as numerous youth athletics, senior citizen groups and community programs. We encourage everyone to help us continue our efforts in serving the community.

We will not be making any solicitations by phone or in person. Should anyone have questions regarding this effort, please contact one of our members, or mail us at: Batavia P.B.A., P.O. Box 299, Batavia, New York, 14021.

With many thanks, and a safe and happy holiday season,

Batavia Police Benevolent Association

Police Beat: Alleged shoplifter drives off in car, found by police

By Howard B. Owens

Meagan Victoria Finzer, 21, of Clarendon Street, Albion, is charged with petit larceny. Finzer was allegedly confronted by loss prevention officers at Kmart shortly after 6 p.m., Tuesday, and she reportedly did not cooperate, and instead got into her car and drove off. A description of the vehicle, with license plate, was provided to local law enforcement and her car was stopped a short time later on West Main Street by Batavia Police. Following further investigation, she was taken into custody by a Sheriff's Deputy.

Michael John Coffta, 18, of West Main Street Road, Batavia, is charged with petit larceny. Coffta is accused of shoplifting from Kmart.

Joshua A. Kitanik, 22, of Oakfield, is charged with trespass. Kitanik was arrested at 4:48 p.m., Monday, by State Police on the Tonawanda Indian Reservation. No further details released.

Today's Deals: Carlson's Studio, Adam Miller, Alli's, Delavan's and more

By Howard B. Owens

Carlson's Studio, 39 Jackson St., Batavia, NY: Holiday portrait time is now, or save for a spring wedding or other special event. We have a $150 gift card for $65 (+$2 PayPal service fee).

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY.: Full breakfast, lunch and dinner menu; new all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have $20 gift certificates for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

South Beach, 59 Main St., Batavia, NY: Try the new lunch buffet. We have a $25 gift certificate for $12.50 (must be used by Dec. 31, 2010).

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. Decorate your home or office for Fall or start your Christmas shopping. We have a $20 gift certificate for $10.

The Enchanted Florist, 202 E. Main St., Batavia, NY: What better way to brighten your home or office for the holidays than with flowers? We have a $20 gift certificate for $9.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

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

The Enchanted Florist

Photos: Today, in Genesee County

By Howard B. Owens

With some beautiful weather, I was able to get out of the city for a bit today and take some photos. Here are three of the pictures.

Above, a Ford pickup behind Bruce Scofield's place (Scofield Roll Off Service) on Route 5 in Stafford.

An old windmill on Gully Road, Le Roy.

Silos on Pagen Farms, Gully Road, Le Roy.

Photo: Brent Persia's CD release party

By Howard B. Owens

Tonight, Pembroke native Brent Persia, hosted a CD-release party at Center Street Smoke House, Downtown Batavia. Before a full house, Persia sang songs from his debut CD as well as some favorite covers. The singer-songwriter's CD will be available for purchase through his website.

Local farmers concerned about proposed budget cut to Soil and Water District

By Howard B. Owens

In a long conversation today about the need for the Soil and Water Conservation District in Genesee County, Le Roy dairy farmer Dale Stein didn't once complain about an increasingly demanding Environmental Protection Agency.

He just said "Farmers need help."

That help has come for years from the Soil and Water District. Staff members have the expertise to help farmers comply with regulations that protect the land, air and water.

"All of us want to live in a good environment," Stein said. "But we can't do it on our own."

After our talk, Stein walked me across the street, through the mud and over a plank bridge that spans a cement trough, a little creek if you will, of liquid manure.

The manure is fed into a new $170,000 machine that pulls out the solids, drys it, mashes it up and sends it out a conveyor belt into a big pile in a new storage building.

Sawdust, which has served as bedding for cows for decades or longer, is getting expensive, Stein said. Increasingly, it's used in recycled products, which drives the cost up for farmers.

Now, Stein's cows sleep on their own processed manure.

"The cows love it," Stein said. "It's soft and fluffy."

Surprisingly, it has no discernible odor.

The environmentally friendly process was driven as much by federal guidelines to reduce his manure waste as it was by economics.

After a 30-percent federal grant to help pay for the project, Stein said the savings on sawdust purchasing will pay for the operation inside of two years.

Without the help of Soil and Water technicians, Stein said, the project would been a lot harder to pull off. They help identify issues on his farm that might run afoul of regulations, find the right solutions, help secure grants to pay for the projects and then ensure the project is completed within federal or state guidelines.

No farmer, Stein said, has that kind of expertise.

These are tough times, though, and the Genesee County Legislature wants to balance the county's $140.5 million budget without raising property taxes. At the same time, more than 80 percent of the county's revenue is tied up in covering the expense of unfunded mandates.

So, where the county can cut, officials are looking at deep cuts.

For the Soil and Water District, that means a 15-percent reduction -- $26,000 -- in the county's $170,000 allocation.

With the budget cut, there will be at least one less staff member in the district, according to Brad Rodgers, chairman of the Soil and Water board of directors.

"(The cut) would be a real detriment to the agriculture industry in Genesee County," said Rogers. "Even level funding would hurt us."

Scott Page, president of the Genesee County Farm Bureau, believes keeping Soil and Water is critical to protecting Genesee County's economic base.

"If we hurt ag, we miss an opportunity to move forward," said Page. "The more we build off our agricultural base, the better the local economy will do."

Page said his family has been dairy farmers in Le Roy for 50 years, and he's seen the regulations get tighter and more technical. While he doesn't think they are entirely necessary ("What farmer doesn't want to care for his animals?" he says), there is just no way the typical Genesee County farmer can keep abreast of all the regulations without experts to lead the way, he said.

Although Stein's manure recycling project has a direct economic benefit to his business, complying with many of the state and federal regulations adds nothing to the bottom line.

"It's tough for a farmer to lay aside that kind of money for something that is not going to generate profit," Page said.

Banks don't want to loan farmers money to undertake projects that often cost hundreds of thousands of dollars.

Banks are only willing to help, Stein said, because there are federal grants available to pay from 30 to 70 percent of a project's cost.

And it takes Soil and Water experts to help a farmer through the application process.

"We have a good Soil and Water program," Stein said. "But we will start losing farms in this county pretty quickly due to these regulations without help."

Photos: Top, Dale Stein in front of a pile of manure dust; inset, Stein holding a handful of processed manure; bottom inset, Scott Page.

Brush fire reported on West Bergen Road

By Billie Owens

An "unattended brush fire" is reported off West Bergen Road, south of Dublin Road, in Bergen.

The Bergen Fire Department is responding.

Police Beat: Oakfield man accused of shoplifting cigarettes

By Howard B. Owens

David Wayne King, 53, of Batavia-Oakfield Townline Road, Oakfield, is charged with petit larceny. King is accused of shoplifting cigarettes from Jan's Smoke Shop on the Tonawanda Indian Reservation.

Andrew R. Osborne, 18, of Drake Street, Oakfield, is charged with endangering the welfare of a child. Osborne is accused of sending inappropriate pictures to a female victim.

Joshua Charles Brownell, 19, of South Pearl Street, Oakfield, is charged with stalking, 4th, and harassment, 2nd. Brownell is accused of blocking a road with his vehicle and then exiting his vehicle and threatening another person.

Patrick Raymond Krieger, 20, of Genesee Street Road, Corfu, is charged with unlawful possession of marijuana. Krieger was approached at Kmart by Deputy Brian Thompson regarding alleged illegal tinting of his windows. During the interview, Thompson allegedly found Krieger to be in possession of marijuana.

Thomas William Glass, 37, of Steven Drive, Cheektowaga, is charged with unlawful possession of marijuana. Deputy Brian Thompson stopped Glass in the Village of Corfu for an alleged traffic violation at 1:40 p.m., Tuesday. During the traffic stop, K-9 "Jay" alerted on the vehicle.

Douglas James Karek, 50, of Geary Street, Buffalo, was picked up on a warrant out of Erie County Family Court. Karek was identified during a traffic stop on Route 33 in Corfu (Karek was reportedly a passenger in the vehicle driven by Glass above).

Unreasonable speed on wet road blamed for accident in Le Roy

By Howard B. Owens

A Pavilion resident suffered non-life threatening injuries Monday morning when a car he was driving slid off the road in Le Roy and struck a tree.

Charles A. Sisnett, 22, of Creek Road, Pavilion, was cited for allegedly driving too fast for conditions.

Sisnett was in the area of 9845 Roanoke Road, Le Roy, at 9:45 a.m., when he apparently lost control of the 1998 Chevy sedan he was driving.

He reportedly told Deputy Chris Parker that he swerved to avoid an "unknown animal."

(Initial Report)

City Council agrees to auction foreclosed properties and develop two others

By Timothy Walton

The City of Batavia has eight properties owned by people who didn't pay their taxes. Monday night the city council voted to move forward with getting new owners for the properties. It agreed to put six of them up for auction, sell one to Habitat for Humanity and explore redevelopment options for the other.

The properties consist of five houses, plus two parcels of land zoned residential, and one commercial property located at 13-15 Jackson St., which is in Jackson Square.

The auction would hopefully allow the city to gain back some, if not all, of the unpaid taxes.

Councilman Bill Cox questioned that if the properties were sold to cover back taxes, would that change their assessed value? City Manager Jason Molino said he would be surprised if some of the properties sold for the amount owed.

They will be sold for prices lower than the surrounding houses. But in a distressed sale, Molino said the price of a "spotted" property is typically considerated without regard to the higher values of those around it.

Three of the residential properties have tenants. And one of the properties on Ellicott Street will have to be condemned due to the "terrible" shape it's in.

Council agreed to sell one of the properties to Habitat for Humanity, which will rebuild the house so it can become the home of a low-income family. Council saw this as an opportunity to take a house in rough shape and ensure it would be fixed up for a new family.

This was done as part of the Housing Development program.

Council President Marianne Clattenberg said that by starting out with one house being redeveloped, it gives them a chance to "start slow and see how this program works."

Molino carefully chose Habitat in order to virtually guarantee decent results for the first rehab project. Other agencies can be explored another time.

"The goal is to refurbish these houses and put families in them," Clattenberg said. 

Habitat is currently working on a house it bought for around $17,000. But Councilman Samuel Barone noted that it has never come up with the type of money it would need for this house-- nearly $21,000 in back taxes.

Molino said that before a sale contract is written, the nonprofit organization would be asked for a letter of commitment, promising completion of the project.

The only commercial property in arrears, 13-15 Jackson St., will take some time before a new owner can buy it.

The building has some historical background, according to Councilwoman Patti Pacino. Since it's in the Batavia Improvement District (downtown), the council would like to see it developed into something beneficial for the community.

They voted "yes" to seeking development options. The council wants to see the building used for a taxable purpose.

"It's going to take time," says Molino, who will have to gather information about what can be done with the property.

He added that his office has received interest in the building in the past.

Councilman Frank Ferrando said something needs to be done to avoid these situations. Action needs to be taken to get people and businesses to stay in the area.

"We talk about it and we don't take action," Ferrando said. "That's why these things happen. There isn't enough opportunity."

Councilman Bob Bialkowski summed the whole property situation up by saying "It's just very sad."

Majority at council meeting want more details on possible sale of Falleti Ice Arena

By Timothy Walton

Even though there are roadblocks in the way of selling the Falleti Ice Arena, a majority of Batavia City Council members said last night they to find out how much revenue could be generated by selling it. They also want more details about the original purchase.

On a 4-3 vote, after much discussion, and more information from City Manager Jason Molino on the difficulties of a sale, the council instructed Molino to gather facts about the purchase and, if the rink was sold, the options of handling the money.

With councilmembers Kathy Briggs and Tim Buckley absent, Councilman Frank Ferrando called for a vote at the next meeting on whether the city should continue to look at a possible sale of the arena.

Councilmembers Bill Cox, Bob Bialkowsk, Sam Barone and Rose Mary Christian all voted in favor of getting a professional appraisal.

As for the difficulties involved in selling the arena, Molino explained that the city had recieved $1.2 million for energy capital improvements. It was a 15-year loan.

Approximately $630,000 of that was spent on improvements at the ice rink.

The upgrades included; new lighting; an energy-management system; refrigeration improvements; foil ceiling to keep heat out; new exterior doors; a ventilation system to vent out carbon-dioxide from the Zamboni; and a new boiler that is used for heating both the ice rink and the fire department, which are connected.

These resulted in lower utility costs. The city's lease contract with Firland Management called for Firland to pay the city the difference due to the improvements. That's about $25,000 per year for the city -- roughly 30-percent of the annual $84,000 payment the city has to make for the 11 years remaining on the loan.

According to Molino, the rink was built in 1978 with a Community Development Block Grant, which required the city to build some type of multi-use community center and the vote went to putting up the arena.

Since it was built with CDBG funds, if the rink was sold, the revenue would have to be used to benefit low- to moderate-income families. The project would also need to be approved by the federal Department of Housing and Urban Development.

So the money would probably have to be used to build another community center or to put improvements into an existing one, yet it is not certain if the latter would be allowed.

Councilman Bill Cox asked Molino to submit a formal request to HUD to see what the money could be used for and find facts as to what could be done with revenue if the rink was sold.

Revenue from its sale could not go toward the city's loan. Batavia would have to pay the  balance with other money.

The city would also lose the $25,000 Firland pays toward the loan debt each year.

If the city maintains ownership and renews the agreement with Firland -- which the company wants to do -- the city could expect a total of $400,000 from Firland over the next 11 years. That's enough to cover debt service, including the $75,000 still owed on the Zamboni.

In a previous report, Molino guessed that the sale price might only be four or five times current revenue, or between $300,000 and $400,000. City Attorney George Van Nest has cautioned council members that finding a buyer could be difficult.

The city also receives $5,000 per year for five years from Falleti Motors, which won the bid for the naming rights in December 2006.

After expenses, the city still profits $10,000- $15,000 per year. The money goes into a rink reserve account, which is used for any repairs or building upgrades that may be needed. Any money the city puts into the rink, is money received from the rink.

After listening to Dave Meyer speak at last night's meeting, Councilman Frank Ferrando changed his position and now strongly opposes selling the arena.

He said the council was spending too much time on the issue -- treating it like it is critical to sell the arena.

"We are receiving money and there hasn't been a problem," Ferrando said. "We aren't in business. We aren't doing payroll."

He said Meyers had a good point by referring to the arena as "a park in the wintertime" and offers a lot for kids, families and even adults.

"I am kinda proud that we as a community provide the facility and we provide it in a way that isn't a burden to us," Ferrando said, "and we have income coming from it. We are making a complicated issue out of a simple issue."

Ferrando stated that selling the arena is "as ludicrous as dividing up Kibbe Park and selling it as property. ... I'm not interested in selling that ice rink."

Councilwoman Rose Mary Christian, who's in favor of the sale, argued that "I am not getting any service from the rink" as compared to the fire department and other services.

Councilwoman Patti Pacino responded by reminding Christian, that unlike the fire and police departments that are free to everyone, this is a different type of service because the people that play hockey, pay to use the arena. So the taxpayers aren't paying for sports there that not everyone plays.

Police looking for suspect on routes 5, 237, Stafford

By Howard B. Owens

Sheriff's deputies have converged on the area of Route 5 and Route 237, Stafford, to look for a suspect.

It's not clear what the initial complaint was about, but the caller has stated the suspect threatened to shoot him.

The suspect may be on ATV.

UPDATE 9:10 a.m.: I've not heard much more on this. There was a consultation with DEC for some reason. It sounds like, though not clear, that law enforcement is still on scene.

Man who tried to steal oxycodone given prison term

By Howard B. Owens

A Batavia man who admitted to attempted robbery for trying to steal oxycodone from the Oakfield Pharmacy will spend one-and-a-half to three years in prison.

He must also receive substance-abuse counseling.

Cain Catino, 39, was sentenced in Genesee County Court today for the Sept. 20 attempted robbery, which was thwarted when the store owners wrestled Catino to the ground. It was revealed in court later that Catino had a knife on him at the time.

Last month, his mother, Kathleen Catino, 60, admitted she tried to smuggle oxycodone into her son at the Genesee County Jail. She is scheduled to be sentenced in January.

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