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February 24, 2019 - 2:35pm
posted by Billie Owens in weather, corfu, batavia, alexander, notify, news.

Unknown wires are down in the roadway at Colby Road and Genesee Street. Corfu Fire Department is responding.

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A tree is down on wires, which are smoking, at 2679 Galloway Road, Batavia. East Pembroke Fire Department is responding. National Grid has been informed.

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UPDATE 2:38 p.m.: A broken tree branch is pulling wires from a house at 3104 Dodgeson Road, Alexander. Lines are in the roadway. The location is between Beaver and Seward roads. Alexander Fire Department is called.

UPDATE 2:42 p.m.: City of Batavia Fire Department is called for a tree and wires down at 66 Franklin St. between Davis Avenue and the dead end.

UPDATE 2:56 p.m.: A tree and wires are down, completely blocking the roadway, at 7116 Tripp Road, Byron. Byron and South Byron fire departments are called. National Grid crews are no longer on scene (after responding earlier when seven poles toppled into a field).

UPDATE 2:58 p.m.: A tree and wires are down at 2623 Brown Road, Corfu. The location is between Wilkinson Road and Ridge Road. East Pembroke Fire Department is responding.

UPDATE 3:02 p.m.: A tree and wires are down at 3650 Batavia Oakfield Townline Road. Town of Batavia Fire Department is called to respond.

UPDATE 3:07 p.m.: A fire alarm is sounding at city Public Works Department, 147 Walnut St. A power failure has occurred and the "supervisory alarm" has been tripped. City Fire Department is responding.

UPDATE 3:15 p.m.: A tree is down in the roadway at 2879 Batavia Oakfield Townline Road. Town of Batavia Fire Department is called.

UPDATE 3:52 p.m.:  A tractor-trailer has tipped over on Bank Street Road at Cockram Road. Byron and South Byron fire departments are called to respond along with Mercy medics.

UPDATE 3:53 p.m.: A tree is down and wires are on fire at 10498 W. Bethany Road. Alexander Fire Department is responding.

UPDATE 3:57 p.m.: A tree and primary wires and secondary wires are down at 3073 Pearl Street Road, Batavia. East Pembroke Fire Department is called. The location is between Upton and Wortendyke roads.

UPDATE 4:08 p.m.: Wires are down on a house and arcing at 8885 Keeney Road in Le Roy. The home is being evacuated. Le Roy Fire Department is responding. The location is between West Main Street and Quinlan Road.

UPDATE 4:11 p.m.: A celler pump detail is requested at a house at 7509 Mechanic St. in Byron. The power is out there. Byron and South Byron fire departments are called.

UPDATE 4:53 p.m.: Power lines are down in the road and in water on Powers Road, Batavia. East Pembroke Fire Department is called.

UPDATE 4:58 p.m.: Town of Batavia Fire Department is called to 3658 Batavia Elba Townline Road for wires down in the roadway.

UPDATE 5:56 p.m.: A tree and wires are down at 8151 Kelsey Road, Batavia. East Pembroke is called to respond.

UPDATE 5:58 p.m.: A tree is down across the front steps of a residence at 7041 N. Pearl Street Road, Oakfield. Oakfield Fire Department is responding.

UPDATE 6:07 p.m.: East Pembroke command requests mutual aid from Town of Batavia fire to shut down traffic at Kelsey and Galloway roads because of multiple trees and wires down in the roadway.

February 24, 2019 - 12:32pm
posted by Billie Owens in Le Roy, news, accident, notify.

Photo and information from Alecia Kaus, of Video News Service.

The three male occupants who crashed into a house on Clay Street in Le Roy in the wee hours this morning were from out of the area, authorities say, but their identities have not yet been released.

The front-seat passsenger died at the scene at 77 Clay St., and the driver and back-seat passenger were transported to Strong Memorial Hospital in Rochester, although Le Roy Police Chief Chris Hayward said he's not sure which one of them was taken by Mercy Flight and which by ambulance.

"It's very early in the investigation," Hayward said.

The Crash Management Team arrived shortly after 6 a.m. and code enforcement was there at that time determining whether the house with an upstairs and downstairs apartment was habitable. The downstairs unit was unoccupied. The upstairs tenant was not injured.

The victims who were transported both had severe injuries.

"They were extensive," Hayward said. "I don't really want to specify."

The car -- and Haywood said they could not tell if it was a sedan or a coupe based on looking at the wreckage -- was coming from the south around 3:30 a.m., heading northbound on Route 19 (Clay Street at the crash site), when it failed to negotiate the Wolcott Street curve and smashed into the house.

February 24, 2019 - 3:42am
posted by Billie Owens in Le Roy, accidents, news, notify.

Photo courtesy of Alecia Kaus, of Video News Service.

A two-vehicle accident is reported, with one of the vehicles crashed into a house at 77 Clay St. in Le Roy. It's in the village between Wolcott and Myrtle streets. Le Roy Fire Department, Le Roy Ambulance Service and Mercy medics are responding. 

A first responder on scene says there are three patients. Mercy Flight out of Batavia is put on standby. Pavilion Fire Department is called for extrication. An ambulance out of Monroe County is requested.

Le Roy Fire Police are going to shut down all northbound traffic on Route 19 at Munson Street.

UPDATE 3:46 a.m.: Le Roy command asks that Route 19 at Route 5 also be shut down.

UPDATE 3:53 a.m.: Serious injuries are possible. The county's Crash Management Team is being called in and along with a code enforcement officer. Mercy Flight is called to the scene. It will land at the Le Roy Ambulance Service base on Tountas Avenue.

UPDATE 3:59 a.m.: Mercy Flight has a 12-minute ETA.

UPDATE 4:05 a.m.: The Mercy Flight landing zone is changed to the area by the middle school field by the bus garage. One patient has been extricated.

UPDATE 4:14 a.m.: Mercy Flight has landed. All patients extricated.

UPDATE 4:16 a.m.: Le Roy medics are transporting one patient to the Mercy Flight helicopter.

UPDATE 4:26 a.m.: Alecia Kaus, of Video News Service, who is at the scene, says: "According to Le Roy Police Chief Hayward, this was a one-vehicle accident. A car lost control at the curve and struck a house. Three males were in the vehicle. One front-seat passenger has died at the scene. The driver and another passenger were transported to Strong Hospital, one via Mercy Flight and one via ambulance."

UPDATE 4:31 a.m.: The gas is being shut off at the house on Clay Street where the crash occurred.

UPDATE 4:34 a.m.: Alecia Kaus says no one inside the house was injured. There was no one in the first-floor apartment at the time of the crash; the second-floor occupants were unharmed.

UPDATE 4:36 a.m.: State DOT will be notified about a traffic sign that will need to be replaced.

UPDATE 4:48 a.m.: Le Roy fire's auxiliary was summoned about 20 minutes ago.

UPDATE 4:53 a.m.: Le Roy ambulance is back in service.

UPDATE 5:48 a.m.: The State Police are in charge of the scene now; the vehicle is covered. A picture(s) of the vehicle involved will be posted later when it becomes available. No more updates anticipated until then.

February 23, 2019 - 4:13pm
posted by Billie Owens in crime, batavia, news, notify.
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      Darius L. Jones        Lynda Harris

The Genesee County Local Drug Enforcement Task Force announced the arrest of three people on Friday morning on Hutchins Street in the City of Batavia.

Arrested were:

  • Darius AKA "D" L. Jones, 27, of Dewey Avenue, Rochester, who is charged with criminal possession of a controlled substance in the third degree, a Class B felony, and criminal possession of a controlled substance, 7th, a Class A misdemeanor;
  • Lynda Harris, 59, of Hutchins Street, Batavia, who is charged with criminal possession of a controlled substance in the third degree, a Class B felony, and unlawful possession of marijuana, a violation;
  • and Jenna M. Morrill, 25, of Hutchins Street, Batavia, who is charged with criminal possession of a controlled substance, 7th, a Class A misdemeanor.

On Feb. 22, the Drug Task Force and the Batavia Emergency Response Team executed a search warrant at a residence on Hutchins Street. Subsequently, Jones was allegedly found in possession of a quantity of fentanyl, crack cocaine and U.S. currency. Harris was allegedly found in possession of a quantity of crack cocaine and marijuana. Morrill was allegedly found to possess a quantity of crack cocaine and she was issued an appearance ticket.

Jones and Harris were arraigned in Batavia City Court. Then Jones was put in Genesee County Jail with no bail and Harris was released under supervision of Genesee Justice.

The Drug Task Force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. It investigates the possession, transportation and sale of narcotics locally.

Members were assisted by Batavia police officers, the Batavia Emergency Response Team and the Genesee County District Attorney's Office.

February 22, 2019 - 10:48pm
posted by Howard B. Owens in Next Level Fitness, Ken Mistler, news, batavia, downtown, notify.

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After 31 years in the fitness business, owning and operating gyms in Staten Island and Batavia, Ken Mistler says it's time for him to retire for that line of work.

He's sold the building that has been home to Next Level Fitness for 10 years at 85 Main St., Batavia, and the gym will close Feb. 27.

Mistler said he's reached an agreement to sell the massive three-story, 20,000-square-foot building (which includes a 6,800-square-foot basement) to a local investor. He can't disclose who the buyer is or what the buyer plans to do with the building but the new owner will not operate a gym at that location.

"I'm not sure what they're going to do," Mistler said. "I'm not sure if they're going to use the whole building for themselves or cut the building, subdivide the building."

Mistler started in the gym business in Staten Island and then opened Powerhouse Gym on East Main Street in 1997. He still owns that building and all the equipment currently at Next Level. He would like to see somebody open a gym using the existing equipment at the Powerhouse location or see another locally owned gym use this as an opportunity to grow.

"I'm trying to encourage a local small gym in the area to go into that facility so," Mister said, "they will have more options. My customers have said they're looking for options. They're coming to me the last couple of days and asking what else can we do? What do we have available? They're looking for smaller facilities because they aren't a fan of the larger places and they want to keep it local."

Mistler said the closure of Next Level isn't the result of a chain competitor opening in town. He could have competed with a chain if he had wished to make the changes necessary but he didn't want to make those changes after 31 years running gyms, and the real estate offer was attractive and worth taking at this time.

Mister, who owns several downtown properties, and is owner and operator of Ken's Charcoal Pits on Main Street and the local movie theater, Batavia Showtime, said he's grateful for the years of community support for his gym businesses.

"The support has been unbelievable," Mistler said. "If I had to do it over again I would. That's how good the community has been to that facility, especially since I started Next Level, but 31 years in the business is enough."

February 22, 2019 - 2:35pm
posted by Billie Owens in crime, news, notify, Oakfield, batavia, elba.

Kayleigh Marie Perez, 29, of Cone Street, Batavia, is charged with two counts of fourth-degree grand larceny, a Class E felony. She was arrested on Feb. 21 for two crimes. In the first incident, she allegedly stole a debit card from Walmart at 7:49 p.m.. on Jan. 13 and used it at several locations. Perez was released on an appearance ticket returnable to Batavia Town Court on March 7. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Mathew Clor. In the second incident, she allegedly stole a credit card from a resident who lives on Main Street in Oakfield. She was also released on an appearance ticket for that and is due in Oakfield Town Court on March 11. The Oakfield case was handled by Deputy James Stack, assisted by Deputy Minuto.

Jeremy Ryan Eaton, 41, of Ellicott Street, Batavia, is a registered Level 2 sex offender who is on parole and is accused of failure to register a change with authorities as specified in NYS Correction Law 168-F, Section 4 (Must register within 10 days any change of residence, employment, Internet account access provider, enrollment or attendance at any institution of higher education.) Eaton was being held in GC jail on a parole violation at the time of his arrest on Feb. 4. Following his arraignment in Batavia City Court, he was put back in jail with no bail. He is due in city court again at 11 a.m. on March 21. The case was handled by Batavia Police Det. Eric Hill.

Christian Dean Boyce, 55, of Watson Road, Elba, is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; unlicensed driver; operating a motor vehicle out of class; and unregistered motor vehicle. At about 8:30 a.m. on Feb. 9, Boyce was arrested following a traffic stop on North Byron Road in Elba. It is alleged that the defendant had an arrest warrant and a bench warrant out of Town of Elba Court and that he was operating a tractor-trailer without a license. Boyce was recognized by Genesee County Sheriff's Deputy Jeremy McClellan, who initiated the traffic stop. Boyce was arraigned in Town of Batavia Court and put in jail in lieu of $500 cash bail. He was due in Town of Elba Court on Feb. 20 to answer the charges. Deputy McClellan was assisted in the case by Deputy Christopher Erion.

Jill M. Turner, 36, of Burke Drive, Batavia, is charged with dog running at large. It is alleged that she allowed her dog to run at large onto her neighbor's property on Burke Drive at 5:19  p.m. on Feb. 17. Turner is issued an appearance ticket and is due in Batavia City Court on March 5. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer James Sheflin.

February 22, 2019 - 1:28pm
posted by Howard B. Owens in warrants, Wanted, news, notify.
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Brittany L. Dumsar  age 25, W/F, 5’ 4” 110 lbs.

Brown Hair, Green eyes

LKA Anytrell Drive Webster, NY

 

Bench warrant for Criminal Trespass 3rd PL 140.10-1 (Misdemeanor and Trespass PL 140.05 (Violation) Darien Town Court DOW 6/18/18

 

Tricia E. Delucia age 40, W/F, 4’ 10” 90 lbs.

Brown Hair, Brown eyes

LKA Handy Street Rochester, NY

 

Bench warrant for Criminal Possession of a Controlled Substance 7th PL 220.03 (Misdemeanor)  Batavia Town Court DOW 12/20/18

Tatiana C. Lugo age 24, W/F, 5’7” 182 lbs.

Black hair, Brown eyes

LKA Mechanic Street

Byron, NY

 

Arrest warrant for Harassment 2nd PL 240.26-1 (Violation) Batavia Town Court DOW 9/19/18

 

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Uriah I. C. Smoke age 34, American Indian, male 5’6” 180 lbs.

Black hair, Brown eyes

LKA Bloomingdale Road Alabama, NY

 

Bench Warrant for Criminal Mischief 4th PL 145.00-1 (Misdemeanor) and Reckless Endangerment 2nd PL 120.20-1 (Misdemeanor) Alabama Town Court  DOW 5/15/12

Nicole R. Elmore age 30, W/F, 5’4” 115 lbs.

Brown hair, Hazel eyes

LKA Clifford Avenue Rochester, NY

 

Bench Warrant for Grand Larceny 4th  PL 155.30-1(Felony) and Conspiracy 6th  PL 105.00 (Misdemeanor) Batavia Town Court DOW 2/14/19

Matthew P. Snyder age 29, W/M, 5’8” 215 lbs.

Brown hair, Blue eyes

LKA West Avenue

Attica, NY

 

Arrest Warrant for Aggravated Unlicensed Operation 3rd VTL 511-1a (Misdemeanor) Byron Town Court DOW 9/8/17

February 22, 2019 - 11:28am
posted by Howard B. Owens in Genesee County Jail, jail, news, notify.

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County officials are ready to move ahead with plans for a new Genesee County Jail, which begins with hiring an architectural firm to help plan and design it and hiring a general contractor to oversee its construction. The new jail could be located on land already owned by the county next to County Building #2 on West Main Street Road, Batavia.

The County Legislature is expected to pass two resolutions next week to move the plan forward. One will authorize spending $2.5 million from the county's building and infrastructure fund, and the other will authorize a contract with SMRT Architects and Engineers PC, of Latham.

Approval of the resolutions was recommended this week by both the Public Service Committee on Tuesday (photo above with Asst. County Manager Matt Landers and Sheriff William Sheron seated at the conference table) and the Ways and Means Committee on Wednesday.

Landers told the Ways and Means Committee that the county has yet to establish the actual cost of the new jail. That will be determined by the review and consulting process with SMRT Architects, who will also assist in hiring a construction manager, who will also assist in estimating the cost.

Once a cost is established, the county can seek bond financing, and once the bond is approved, the $2.5 million from the reserve fund will be reimbursed to that fund.

If, after site review, SMRT does find the site next to County Building #2 suitable for a jail, the county's planning costs could be substantially reduced because there will be no need for a site-selection process.

SMRT was one of four finalists firms reviewed by a jail committee comprised of county officials from multiple departments. Two finalists were interviewed and those two were asked to submit final prices, then the committee conducted reference checks.

SMRT was selected by the committee on a 7-3 vote with one abstention, Landers said.

The county is establishing a page on its website that will provide the public with all of the information available on the new jail as the process progresses, Landers said. 

Landers expects more information on costs and a construction timeline to emerge within six months.

February 22, 2019 - 10:48am
posted by Howard B. Owens in weather, news, notify.

Wind gusts up to 75 mph are expected in a storm that will pass through the area Sunday, according to the National Weather Service.

The NWS has issued a high-wind warning for 7 a.m. Sunday though 10 a.m. Monday.

Steady winds of 35 to 45 mph from the west are expected.

Strong wind gusts could bring down trees and power lines and widespread power outages are possible. Power may be out in some areas for several days.

Shallow rooted pine trees may be particularly vulnerable.

Property damage is also possible, especially to roofs and siding.

Travel by high profile vehicles will be very difficult and empty tractor trailers may be in danger of blowing off roadways.

Homehowners should secure loose objects.

February 21, 2019 - 6:10pm
posted by Howard B. Owens in crime, batavia, news, notify.
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      Richard Hanes

At an evidence hearing today in the murder case proceedings against Richard D. Hanes, his defense attorney argued that Judge Charles Zambito should not allow his client's mobile phone and its content to be presented to a jury if the case goes to trial.

Hanes, 36, is accused of beating to death Raymond Morgan on July 24 at 111 Liberty St. Batavia.

According to court testimony today by Det. Thad Mart, Hanes showed up at the Batavia PD headquarters and presented himself to police for questioning without being summoned there. At the time, he wasn't a suspect and police had yet to obtain DNA, fingerprints or palm prints that linked him to the case.

The interview with Hanes was videotaped and that evidence was also submitted to the court today (though not played in court).

Mart said on the stand that Hanes does not confess to the murder during the interview nor did he implicate himself while at the police station.

It was during the interview at Batavia PD that parole officers who supervised Hanes showed up and the officers took his mobile phone, apparently, in connection with an alleged parole violation. The parole officers then turned the phone over to a Batavia PD patrol officer.

Defense attorney Fred Rarick argued that if the phone was linked to an actual parole violation, parole officers would have kept it as evidence in that case and would not have turned it over to a police officer.

Rarick argued that the police didn't have probable cause to seize the phone and that parole taking the phone and giving it to police is an attempt to circumvent the need for a warrant.

"There is no probable cause because we don't know why he was arrested on a parole violation," Rarick said. "If there was something on his phone relative to his parole, they would have retained possession of that phone."

District Attorney Lawrenece Friedman said there is no evidence that parole and police communicated about the phone prior to the police obtaining it, that there is no evidence of any agreement for the officers to work togther to obtain the phone.

"It's all very speculative," Friedman said. He added later, "It really doesn't matter why a parole officer took the phone because they were not acting as an agent for the police."

He compared it to a private citizen obtaining the phone, walking out with it and then deciding to hand it over to police.

Outside of court Friedman said he couldn't discuss the significance of the phone to the case.

There is reportedly DNA evidence that links Hanes to the crime scene and investigators have said they believe the murder was premeditated.

Zambito said he will reserve his decision on the admissibility of the phone until a later date. Hanes is scheduled for another court appearance at 2:45 p.m., March 13.

February 21, 2019 - 5:35pm

In photo above, Ashley McCormack embarks on "bossing" an Action Trackchair.

Ashley McCormack is a spirited 18-year-old who lives in Darien and has been confined to a wheelchair since she was 10.

When she was little she used to go fishing with her dad on Hamlin Beach along the shores of Lake Ontario. They would also hike trails in Letchworth State Park and go camping.

Life as she knew it and her outdoor adventures were cruelly curtailed by the onslaught of ataxia-telangiectasia syndrome or Louis-Bar syndrome. She was diagnosed with it at age 8 and by 10 she unable to walk on her own.

The progressive neurological disease also makes it hard for her to talk and do a lot of other things. Doctors told her she wouldn't live long, but she's still here, still "wanting to live her life" and enjoy it, too.

Winters are especially difficult because when ice or mud or snow gets on the wheels of her regular motorized wheelchair, it's easy for her to get stuck.

So her mother, Susan Pfalzer, says Ashley's routine is very limited: going from the house to the car -- then to the store or church or the doctor or wherever -- and back again. House-to-car-to-building and back again.

Her little pal, a mixed terrier named "Shyla" often accompanies the self-professed animal lover, who volunteers at two local shelters.

Enter Cheryl Medina, a longtime friend of the family who found out about an amazing -- and expensive -- piece of equipment: the Action Trackchair. To learn more about it, click here.

"Cheryl sent me information about it and it seemed really neat but I didn't think too much about it," Pfalzer said. "But Cheryl is a go-getter and she arranged to have Ashley get a demo of the chair for a day."

The all-terrain wheelchair is highly customizable. Insurance won't cover the cost of it and it retails for more than $11,000. The one that Ashley got to try out goes for $16,300.

The joy Ashley experienced at being able to get around was unreal. She could go visit her Nana down the road, get some fresh air, pay her respects at the family's pet cemetery in the back yard, tool around.

Timid of using it at first, by the day's end she was tackling mounds of snow and showing that Trackchair who was boss.

"Ashley is such a good, sweet girl and she's like any 18-year-old -- she wants to be out and doing things," Medina said. "She's so funny and full of life."

To help her with this noble mobile dream, Medina and Ashley's mother and her Nana, Annette Pfalzer, will hold a benefit at Darien Fire Hall from 1 to 6 p.m. on Sunday, March 31. It is located at 10537 Alleghany Road, Darien Center.

There will be plenty of food and music.

Tickets are $10 presale or $15 at the door.

Organizers, friends and family are seeking cash donations, checks, gift certificates, gift baskets and auction items.

Cash donations and checks can be made out to:   Ashley's Action Trackchair. Send them to:  Susan Pfalzer, 1792 Sumner Road, Darien, NY 14040.

Group donations are encouraged.

For corporations and organizations, there is an EIN number available for your donations.

For presale tickets, donations or other information about this benefit, call: Cheryl Medina at (716) 863-0388; or (Nana) Annette Pfalzer at 547-9342; or (Mom) Sue Pfalzer at (585) 300-9508.

There is also a GoFundMe account set up. Visit here.

Photos courtesy of Sue Pfalzer.

Ashley and her doggie "Shyla" with her regular motorized wheelchair.

February 21, 2019 - 9:26am
posted by Alecia Kaus in fire, news, batavia, notify.

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The City of Batavia Fire Department responded to a reported structure fire at 33 Clifton Ave., Batavia, a little after 3 a.m., Thursday. 

Residents evacuated the single-family home prior to the fire department's arrival. Smoke was reported inside the residence.

City fire requested a second alarm and declared a working structure fire.

Crews from Alexander's Fast Team and Elba fire responded while the Town of Batavia was on standby in their hall.

According to Chief Napolitano with the City of Batavia Fire Department, a working fire was discovered in the basement.

"There was a mother and daughter along with a granddaughter in the house," Napolitano said.

"They received assistance from the Salvation Army, and the home is deemed uninhabitable at this time because of the damage in the basement to the furnace and the hot water tank and associated plumbing and electrical with those units."

One resident walked down the driveway holding a dog. According to City fire, several cats were still inside.

The fire was under control in about 30 minutes.

Chief Napolitano says the fire is currently under investigation and the cause has yet to be determined.

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February 20, 2019 - 6:10pm
posted by Howard B. Owens in genesee county, taxes, news, notify.

A proposal to reduce funding from the state for towns and villages, known as AIM (Aid and Incentives for Municipalities) could wind up as just another cost burden for Genesee County, County Manager Jay Gsell told the Ways and Means Committee at its meeting Wednesday.

If the funding cut goes through, the County could make up the $230,000 in difference for towns and villages from its own revenue.

Gsell said the governor’s office is being somewhat disingenuous about how cuts are being presented to municipalities.

What the state says it will do and what it actually does will be two different things, Gsell suggested.

The governor’s office is proposing a new sales tax on products sold digitally, an e-commerce tax, and that new revenue stream -- the theory goes -- will allow counties to share a portion of sales tax with municipalities.

Genesee County is one of the few counties in the state that currently shares sales tax but the proposal by the governor would mandate an obligation, perhaps above current revenue sharing, and force the rest of the counties to start sharing sales tax.

But there’s no guarantee New York will be successful in instituting an e-commerce tax – something state officials have sought for years, and it would certainly be difficult, Gsell said, to institute before the state’s new fiscal year starts April 1.

That could leave the counties, including Genesee County, with another unfunded mandate.

Under the governor's budget proposal, only municipalities that use a lower percentage of AIM for their annual budget would have funding cut. If that holds, neither the Village of Le Roy nor the City of Batavia, which receives more than $1 million in AIM funding, would have that funding cut.

The Legislature will be asked to vote on a resolution opposing the proposed cut to AIM.

February 20, 2019 - 4:55pm
posted by Billie Owens in Grand Jury, crime, notify, Le Roy, news, Darien, Stafford, batavia.

Darnel J. Tillmon is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Aug. 2 in the Town of Le Roy that Tillmon acted with intent to prevent a police officer -- a New York State trooper -- from performing a lawful duty and his actions caused serious physical injury to the officer. In count two, Tillmon is accused of second-degree assault, a Class D violent felony, by acting intentionally to prevent the officer from performing a lawful duty and his actions caused physical injury to the officer. In count three, Tillmon is again accused of second-degree assault for allegedly recklessly causing serious physical injury to the trooper by means of a deadly weapon or instrument, in this case a motorcycle. In count four, the defendant is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person -- the trooper. In count five, the defendant is again accused of third-degree assault for acting with criminal negligence, causing physical injury to the trooper by means of a deadly weapon or dangerous instrument -- the motorcycle. In count six, Tillmon is accused of reckless endangerment in the second degree, a Class A misdemeanor, for allegedly recklessly engaging in conduct which created a substantial risk of serious physical injury to another person. In count seven, Tillmon is accused of the crime of unlawfully fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count seven that Tillmon knew he had been directed to stop his motor vehicle by a uniformed police officer or a marked police vehicle by the activation of either lights or lights and sirens, and he attempted to flee by engaging in reckless driving. In count eight, Tillmon is accused of resisting arrest, a Class A misdemeanor, for allegedly intentionally preventing or attempting to prevent an officer from arresting himself or another person. In count nine, Tillmon is accused of the crime of third-degree escape, a Class A misdemeanor, for escaping from custody. In count 10, Tillmon is accused of failing to comply with the lawful order of a police officer or flagperson. It is alleged in count 10 that the defendant drove a 2006 Kawasaki and failed or refused to comply with the lawful order or direction of a police officer or flagperson duly empowered to regulate traffic. In count 11, Tillmon is accused of the offense of improper passing for operating the Kawasaki and overtaking or passing another vehicle on the right shoulder of the NYS Thruway. In count 12, Tillmon is accused of moving from lane unsafely, a violation of Vehicle and Traffic Law, by riding the Kawasaki on a roadway divided into clearly marked lanes and failing to drive within a single lane and moving from a lane without regard to doing so safely. In count 13, Tillmon is accused of unsafe starting, a violation of Vehicle and Traffic Law, by moving the Kawasaki, which had been stopped, standing or parked, without first determining if movement could be made with reasonable safety. In count 14, Tillmon is accused of failing to use signal lamps, contrary to Vehicle and Traffic Law, by riding the Kawasaki and changing lanes or entering an exit ramp of the Thruway without using signals by hand and arm, or signal lamps. In count 15, Tillmon is accused of speeding for operating the Kawasaki that summer day at a speed greater than was reasonable and prudent under the conditions and without regard to the actual and potential hazards at that time. In count 16, Tillmon is accused of speeding for operating the Kawasaki at 135 mph in a 65-mph zone. In count 17, Tillmon is accused of reckless driving, a violation of Vehicle and Traffic Law, for operating the Kawasaki on I-90 in a manner which unreasonably interfered with the free and proper use of a public highway or unreasonably endangered users of a public highway.

Erica R. Leach is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Aug. 24 in the Town of Darien that Leach knowingly and unlawfully possessed a controlled substance: cocaine with a weight of 500 milligrams or more.

Latashia M. Sanchez is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Oct. 18 in the Town of Stafford that Sanchez drove a 2011 Chevrolet on Main Road -- Route 5 -- while intoxicated. In count two, she is accused of DWI, per se, as a misdemeanor, for having a BAC or .08 percent or more at the time. In count three, Sanchez is accused of first-degree aggravated unlicensed operation, a Class E felony. It is alleged in count three that Sanchez knew or had reason to know that her driving license was suspended and that she was driving without a license while intoxicated. In count four, she is accused of driving her vehicle in excess of 55 mph. In Special Information filed by the District Attorney, the defendant is accused of having been charged with DWI, per se, in Town of Le Roy Court on July 31. The prosecution of that crime forms the basis for the suspension referred to in count three. As a result of the prosecution, her license was suspended at 2 p.m. on Oct. 18 and was therefore in effect at 5:19 p.m. Oct. 18, when she allegedly violated the laws resulting in the current indictment.

Jeffery C. Rogers is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Aug. 25 he drove a 2011 Chevrolet with Tennessee plates on West Main Street in the City of Batavia while intoxicated. In count two, Rogers is accused of aggravated  DWI, per se, as a Class E felony, for allegedly having a BAC of .18 percent or more at the time. In count three, Rogers is accused of exceeding the maximum established speed limit. In Special Information filed by the First Assistant District Attorney of Genesee County, the defendant is accused of having been convicted of driving under the influence, as a misdemeanor, on April 13, 2015, in General Sessions Court, Knox County, Tenn. That conviction was within 10 years previous to the crimes alleged in the current indictment.

February 20, 2019 - 1:07pm
posted by Howard B. Owens in Sheriff's Office, news, school resource officers, notify.

For the remainder of the school year, the Oakfield-Alabama Central School District has reached an agreement with the Sheriff's Office to provide a school resource officer on the district's campuses.

The Public Service Committee recommended Tuesday a budget amendment that would increase the Sheriff's budget by $42,263 to be offset by $41,263 from the school district.

Deputy Howard Wilson is expected to serve as O-A's new SRO.

Wilson's road patrol position will be filled by a new hire.

There are a number of open slots on road patrol currently, Sheriff William Sheron told the committee. 

Five recruits begin law enforcement training March 11. They will attend the academy in Niagara County for 22 weeks, followed by 14 weeks of field training.

Another four recruits are expected to begin training in August or September.

In the meantime, Sheron said, the office is understaffed and deputies are working overtime. The overtime expense is offset by the open positions going unpaid.

Legislator Marianne Clattenburg asked if the Sheriff's Office has received reports from other school districts with new SROs this year -- Alexander, Pavilion, and Pembroke -- to substantiate that the program is effective.

"About a month ago, I revisted each school district and the response from superintendents and staff was overwhelmingly positive," Sheron said. "More than just being a deterrence, their are bonds being formed.

"Students are not fearful of the officers and their not afraid to share experiences with officers, sometimes about home life, which isn't always good. All I can say is every response I've gotten has been favorable from each one of the schools."

February 19, 2019 - 3:08pm
posted by Billie Owens in crime, news, batavia, notify, pembroke, bergen.

Luis A. Torres-Otero, 20, of Hutchins Place, Batavia, is charged with second-degree harassment and endangering the welfare of a child. He was arrested after Batavia police investigated a domestic incident which occured at 9:29 a.m. on Feb. 6 on Hutchins Place. It is alleged that the defendant struck a female in the face while she was holding a child. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in court on Feb. 20. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Kevin DeFelice.

Joseph J. Mazzarella, 66, of Bank Street, Batavia, is charged with second-degree harassment and second-degree criminal contempt. On Feb. 11 at 2:45 p.m., he allegedly threatened an individual on Bank Street in violation of an order of protection. He was jailed in lieu of $2,000 bail or bond. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Joseph J. Mazzarella, 66, of Bank Street, Batavia, is charged with second-degree criminal contempt. Mazzarella was arrested after he allegedly violated an order of protection by contacting a protected person by phone at 4:55 p.m. on Feb. 13. He was issued an appearance ticket and is due in Batavia City Court on Feb. 26. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Patrick M. Viscuso, 54, of Vernon Avenue, Batavia, is charged with second-degree burglary and second-degree criminal contempt. He was arrested after allegedly violating an order of protection at 8:58 p.m. on Feb. 18 by being inside a protected person's residence on Evans Street in Batavia. He was arraigned in Batavia City Court and put in jail on $5,000 cash or bond. The case was handled by Batavia Police Officer Christopher Lindsay.

Zachery V.D. Seeley, 22, of Lyman Road, Bergen, is charged with three counts of second-degree criminal contempt. He was arrested at 9 p.m. on Feb. 12 after allegedly violating an order of protection by having direct contact with a protected person on Miller Avenue in Batavia. Seeley was arraigned and put in jail in lieu of $1,000 cash or $2,500 bond. He is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Damian C. Cogovan, 19, of East Main Street, Batavia, is charged with two counts of second-degree criminal contempt. At 7:29 p.m. on Feb. 7, the defendant was allegedly observed by Batavia police in the direct presence of two protected parties while at his residence. He was arraigned in Batavia City Court and jailed in lieu of $1,000 cash or $2,000 bond. He is due in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Lawrence W. Worsley, 39, of Ridge Road, Albion, is charged with second-degree contempt. He was arrested on Feb. 10 on a warrant out of Batavia City Court for allegedly violating an order of protection issued to a person on Vine Street in Batavia on Jan. 16. He was arraigned and put in jail in lieu of $1,000 cash or bond. He is due back in Batavia City Court at a later date.The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Nicholas M. Korczak, 33, of Pike Road, Batavia, is charged with second-degree aggravated harassment. He was arrested on Feb. 7 following an investigation into alleged threats of violence via text messages on Feb. 6. He was arraigned in Batavia Town Court and released on his own recognizance. He is due in Batavia Town Court again on March 12. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Mathew Clor.

Daniel Joseph Geller, 35, of Moulton Avenue, Tonawanda, is charged with aggravated DWI, DWI, and failure to use designated lane. Geller was arrested on the charges following the investigation of a property damage accident at 12:19 a.m. on Feb. 10 on Main Road in Pembroke. He was issued an appearance ticket and is due in Pembroke Town Court on March 5. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Andrew Mullen.

Melynda M. Gayhart, 31, of Hutchins Place, Batavia, is charged with petit larceny. She was arrested after a shoplifting investigation allegedly found that she stole beer from her employer -- the 7-Eleven on East Main Street in Batavia. Gayhart was released on an appearance ticket and she is due in Batavia City Court on Feb. 26. The case was handled by Batavia Police Officer Jason Ivison.

Christopher John Raymond Diers, 36, of State Street, Batavia, is charged with petit larceny. On Feb. 8 Diers was arrested at 4 p.m. for allegedly stealing property from Walmart. He was released on an appearance ticket and is due in Batavia Town Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Sgt. Andrew Hale.

Christopher John Raymond Diers, 36, of State Street, Batavia, is charged with petit larceny. At 6:39 p.m. on Feb. 8, Diers was arraigned in Batavia City Court after he was arrested on a Batavia City Court bench warrant. It was issued after he failed to appear in court on a petit larceny charge stemming from the alleged theft of two lottery tickets on Nov. 4 from the Circle 3 convenience store and gas station at Ellicott and Cedar streets in Batavia. Diers was jailed in lieu of $2,000 cash or bond. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jamie Givens.

Erica Michelle Raphael, 34, of Pratt Road, Batavia, is charged with third-degree bail jumping and petit larceny. Raphael was arrested on two warrants on the two charges after being located in Orleans County on Feb. 18. She was turned over the the Genesee County Sheriff's Office and arraigned in Batavia Town Court. She was released on her own recognizance and is due in Batavia Town Court on Feb. 25. The original charges were issued on Oct. 29 following an incident at an unspecified location on West Main Street Road in Batavia. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Justin T. Gladney Sr., 29, of North Spruce Street, Batavia, is charged with petit larceny. He was arrested following a shoplifting complaint at 10:10 a.m. on Feb. 16 at the Family Dollar store on East Main Street in Batavia. Gladney was released on an appearance ticket and he is due in Batavia City Court on Feb. 19. The case was handled by Batavia Police Officer Jason Ivison.

February 18, 2019 - 11:14am
posted by Howard B. Owens in weather, news, batavia, notify.
Video Sponsor

 

A mild but persistent snowstorm passed through the area overnight and into this morning. Snowfall is expected to taper off as we head into the afternoon. 

If you're viewing this on The Batavian app, click here to view the video on thebatavian.com.

February 18, 2019 - 9:32am
posted by Howard B. Owens in gas prices, news, notify.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.32, up 4 cents from last week. One year ago, the price was $2.53. The New York State average is $2.47 – the same as last week. A year ago, the NYS average was $2.74. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.44 (down 3 cents since last week)
  • Buffalo -- $2.50 (down 1 cent since last week)
  • Ithaca -- $2.36 (up 2 cents since last week)
  • Rochester -- $2.41 (down 1 cent since last week)
  • Rome -- $2.44 (down 1 cent since last week)
  • Syracuse -- $2.36 (no change since last week)
  • Watertown -- $2.43 (no change since last week)

The modest increase in the national average is likely due to supply concerns as refineries begin maintenance season. Overall, however, frigid weather has played a critical role in keeping pump prices low this winter, due to less demand for gasoline. For two weeks, demand numbers have decreased. The drop in demand helped total gas stocks across the country increase slightly by 400,000 bbl to 258.3 million bbl.

Moving into this week, milder weather could increase demand, pulling pump prices alongside it.

At the close of Friday’s formal trading session on the NYMEX, WTI increased $1.18 to settle at $55.59. Crude prices have continued their ascent due to growing belief that global supply is tightening. As crude prices increase, motorists can expect pump prices to follow suit, since approximately 50 percent of the cost consumers pay at the pump is due to the cost per barrel of crude oil.

February 17, 2019 - 4:12pm
posted by Howard B. Owens in accident, news, byron, notify.

img_3233vancrash.jpg

The passenger of a van that struck a manure spreader Friday night on North Bergen Road in Byron remains in guarded condition at Strong Memorial Hospital.

Guarded condition at Strong means the patient is in the intensive care unit.

Paul W. Tuttle, of Bergen, was a passenger in a 2015 Dodge Pro Master van driven by Richard J. White, of Brockport, when it struck a Kuhn-Knight manure spreader attached to a John Deere tractor driven by Kip A. Keller, of Byron.

Keller was eastbound on North Bergen Road at 7:07 p.m. when the van struck the manure spreader, causing the manure spreader to separate from the tractor. 

Byron Chief Chief Robert Mruczek said after the accident that the manure spreader had placards and lights on.

As a result of the crash, the van suffered heavy front-end damage. Tuttle was transported to Strong by Mercy Flight.

Drivers White and Keller suffered minor injuries and were taken to Strong and UMMC by ground ambulance. 

The cause of the crash remains under investigation.

The collision is being investigated by Chief Joseph Graff, Sgt. Andrew Hale, Investigator James Diehl, of the Crash Management Team. Deputy Travis DeMuth and Deputy Michael Lute assisted at the scene, as did members of the fire departments from Byron, South Byron, and Elba, along with Mercy EMS and Byron Auto Repair.

Photo by Alecia Kaus/Video News Service.

February 16, 2019 - 9:02am
posted by Howard B. Owens in union hotel, corfu, news, notify.

 

Video Sponsor

 

First built in 1828 the Union Hotel in Corfu has certainly seen better days.

The hotel was a stagecoach stop for weary travelers passing through Western New York in the 19th century.

Decades ago, it ceased operation as a hotel and became a restaurant and bar with a bowling alley added on.

About six months ago, Tom and Mary Dix, owners of Jay Potter Lumber in Corfu, closed on a purchase offer for the property. Tom has been talking with perspective restaurant operators but has yet to reach an agreement with a tenant.

In the meantime, he has been making repairs, most notably fixing a leak in the roof, with the goal of doing the restoration work necessary to make it an attractive place for a restaurateur. 

"The plan right now is just to get it to not fall apart anymore," Dix said. "I would like to have a restaurant and a bar. There needs to be one in this area.

"If you live here, you have to go to Batavia or you have to go out of the town or the county to go to a restaurant. In this area there really isn't one that does dinner and that does late night activity for the younger crowd."

If you're using The Batavian's app, click here to view the video on thebatavian.com.

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