batavia

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.

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.

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.

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.

A fire coordinator in Orleans County reportedly spotted an old fire truck heading south this morning running lights and sirens.

There was no fire.

With the truck heading toward Genesee County, the Sheriff's Office was notified.

An initial check of the area where it was thought to be turned up no results.

Then, about 9:45 a.m., a deputy spotted the truck on Seven Springs Road.

The truck is registered to a private individual in Hilton. It's labeled on the side "Morrisville."

The truck has appeared in a few parades in the area over the years.

Orleans officials are declining to issue citations. 

Local band In Plain View opened for the Batavia Muckdogs at Dwyer Stadium tonight. 

The band played a set of songs starting a little more than 30 minutes before game time in the concourse of the stadium.  

For a video of the event produced by Geoff Redick for WBTA, click here.

Batavia PD officers are responding to a reported disturbance on State Street.

Individuals are reportedly fighting in the front yard of a home.

Another caller on Lewis Place reports that his daughter was attacked in the area.

A tractor-trailer and car collision is reported at 700 Ellicott St. in the City of Batavia. No injuries are reported. City Fire Department is responding.

The Batavia Bulldawgs Youth Football Team is selling raffle tickets for a 2011 Johnny Pag Spyder motorcycle.

The tickets are $40 each and only 150 will be sold.

The drawing is scheduled for Aug. 28 during the seniors' game at John Kennedy School (approximately 2:45 p.m.)

Tickets may be purchased at IR Systems, 309-311 West Main St., or potential winners can call John Riegle at (716) 228-5787 or Ken Proefrock at 794-6034 for tickets.

Pictured above are Riegle, left, and Proefrock with the bike.

O-AT-KA Milk Products Cooperative, Inc., is receiving $204,000 in tax abatements through the Genesee County Economic Development Center (GDEDC) for an expansion at its facility at 700 Ellicott St., Batavia.

O-AT-KA intends to build a two-story dairy processing facility for producing dairy-based beverages and "ultra-filtered" milk ingredients. The project summary reads, "The additional dairy batch blend capacity allows more dairy-based products to be manufactured at O-AT-KA for shipment both nationally as well as exports."

Both projects would use milk produced exclusively in New York. O-AT-KA is receiving sales-tax exemption on construction material of $204,000. The estimated 10-year return on investment into the local economy is $21.2 million.

Graham Corp., of 20 Florence Ave., Batavia, is receiving a tax abatement of $125,906, through the GCEDC for the addition of a 10,000-square-foot sandblasting and painting building. Graham is receiving an $89,088 property-tax exemption (PILOT) and a sales-tax exemption on building materials of $36,818. The estimated 10-year economic impact is $89.8 million

Marktec Products, Inc., has been approved by the GCEDC for $57,109 in tax abatements for relocation to the Genesee Valley Agri-Business Park. Marktec, owned by Bill Cox, will build a 5,002-square-foot building on two acres of land in the park. The company will receive a property-tax exemption (a 60 percent PILOT) of $32,739, a sales-tax exemption on building material of $18,800 and a mortgage-tax exemption of $5,570. The project is expected to retain four jobs and create two new jobs. The estimated return on investment over 10 years for the local economy is $2.45 million.

Thomas Michael Pillo, 40, of Alexander Road, Batavia, is charged with criminal obstruction of breathing and harassment, 2nd. Pillo is accused of choking and shoving a victim multiple times during a domestic dispute. The incident, at an address on Alexander Road, Batavia, was reported at 9 p.m., Wednesday.

Joseph Michael D'Amato, 19, of Sumner Road, Corfu, is charged with unlawful dealing with fireworks. D'Amato was arrested following a complaint at 12:05 a.m., Thursday, about fireworks in the Town of Pembroke. D'Amato allegedly set off fireworks "causing annoyance and alarm to several homeowners in the area."

Kateyln Christen Kubala, 22, of Maple Street, Batavia, is charged with petit larceny. Kubala is accused of shoplifting at Walmart.

City crews were busy on Jackson Street this morning doing some road repair work.

Thursday afternoon I stopped at a produce stand on Francis Road to buy some sweet corn (I never get enough sweet corn in the summer) and found these baskets piled up in the corner of the shed.

A man on a motorcycle is now the subject of a foot pursuit in a cornfield near routes 63 and 20 in Pavilion. The incident began in the City of Batavia. We didn't hear how things started, only that he's being hunted by Sheriff's deputies.

While he was gunning his motorcycle with the law in hot pursuit, the chain on his bike broke. He ditched it, along with his helmet, and ran into a nearby cornfield. They spotted him by a hedgerow and then he disappeared into the field again.

State Troopers are on scene, too, and they are asked to provide a helicopter to locate the suspect. Pharoah, the Sheriff's Office dog, is working the scene as well. The dog hasn't located the guy yet, but did return to his handler, Deputy Brian Thompson, from the west.

The man being sought is wearing jeans and has on a black leather jacket. The motorcycle doesn't have plates.

UPDATE 7:42 p.m.: A "whole family of deer" is hanging out in one area of the search, so they are thinking he hasn't gone in that direction. The helicopter is flying above.

UPDATE 8:10 p.m.: The helicopter is continuing a sweep of the farm fields west-to-northwest.

UPDATE 8:21 p.m.: The "family of deer has been spooked from its location" and so officers on the ground are asked to scour that area. The motorcycle is being towed "to a secure location."

UPDATE 8:27: The motorcycle is a 1990 GST Suzuki with an expired registered out of Belmont. The manhunt has yielded no results. The helicopter is returning to base.

UPDATE 10:14 p.m. (by Howard): Photo, Deputy Thompson and Pharoah. Deputies and troopers cleared the scene about about 9:30 p.m. with the suspect still at large. The chase started when Deputy Joseph Graff performed a traffic stop on a motorcyle that didn't have plates. After Deputy Graff exited his vehicle to approach the motorcyclist, the rider took off at high speed.

A suicidal man in the roadway with a gun pointed under his chin is prompting law enforcement to shut down Pratt Road by the Apple Grove Mobile Home Park.

Sheriff's deputies are on scene. Mercy medics en route. A negotiator is staging at Kelsey Road and Route 5, along with a unit from the East Pembroke Fire Department. The scene is not yet secure.

UPDATE 6:25 p.m.: Residents who live on Kelsey Road are lining up and want to get to their homes. Officers will let residents access homes on Kelsey, but no one is going to get through to Pratt at this time.

UPDATE 6:29 p.m.: Mercy units are told to stand down. They will not be needed.

UPDATE 6:50 p.m.: The fire police are told they can stand down. The roadways are reopened. "Transporting one white male from Pratt Road to the barracks."

UPDATE 6:53 p.m.: All units are clearing the scene.

At about 9 o'clock on Friday morning, Aug. 5, the city fire department will be conducting water flow testing on Cedar Street. Nearby homes and businesses may be affected.

Possible affected areas would include Ellicott Street, Edward Street, Wallace Street, Florence Avenue, Buell Street, Webster Street, and Wade Avenue.

Water flows may create a temporary discoloration in the affected areas. Should your water become discolored, you are advised not to wash your clothes until the water clears.

Molasses Hill Bulk Foods is relocating from the Village of Alexander to a building on Ellicott Street.

Owner Shannon Harder said she hopes the new site will be open on Aug. 9.

Harder said moving was a simple business decision. While she had a core group of loyal customers in Alexander, there just weren't enough to sustain the business. She's hoping the bigger customer base of Batavia will help generate the kind of revenue she needs to stay open.

She also pointed out that the outside of the building (formerly Time Bomb Tattoo) will be repainted.

Some time in the past week, vandals knocked over at least six obelisks and gravestones at the Batavia Cemetery.

Jon McManis, with the Batavia Cemetery Association, returned from vacation and spotted the damaged obelisks above and the next day he surveyed the cemetery and found more damage.

"I wish these idiots would realize they're not just tipping over stones, they're wrecking history," McManis said.

The obelisk pictured above -- for the Lewis family -- is the only obelisk with any apparent damage. McManis isn't sure how it can be repaired.  

The others are simply heavy -- weighing 100lbs per column foot -- and the association doesn't necessarily have the spare funds to pay for them to be put back in place.

One gravestone was broke off at its base.

"Why would you want to get your jollies from doing something like this?" McManis asked while looking down at the broken Lewis obelisk.

Anybody with information that might lead to police identifying suspects in the case can call the confidential tip line at 345-6370.

Sen. Mike Ranzenhofer met with a group of business leaders at GCC this morning to provide an update on the recently completed legislative session in Albany and get feedback on issues of concern to local business.

Ranzenhofer opened with a talk highlighting the on-time budget that closed a $10 billion deficit with no tax increases and the first reduction in state spending in 15 years.

When the discussion opened, participants raised issues about the number of school districts in Genesee County, tourism grants, as well as Albany's seemingly less hostile attitude toward business and services provided by local government.

Jim Fulmer, CEO of the Bank of Castile and a former Le Roy School Board trustee, expressed concern about duplicative administrative services in the county's nine school districts.

"At some point, somebody will need to absolutely need to take a hold of this issue and deal with it," Fulmer said. "This has the potential to make some fundamental change in our tax structure."

Ranzenhofer said the governor and Senate are absolutely committed to making such fundamental changes in the structure of local governance.

Jeff Boshart, chairman of the Chamber of Commerce board and president of Boshart Enterprises, asked whether the state would continue to fund grants for promotion of tourism in the county, which he said is essential to attracting visitors from all over the region.

A year ago, when the grants were not funded, Ranzenhofer said it wasn't because the money wasn't available, rather it was spent on other priorities, adding, "priorities I didn't vote for or support."

He said the money would continue to be available so long as the legislature made it a priority.

In a statement that seemed to allude to the recent controversy in Le Roy over the fate of that community's public pool, Jerry McCullough (pictured, inset), representing the Le Roy Business Council, the Rotary Club and his own business, expressed concern about local governments using the recently approved property tax cap as an excuse to cut services.

"They're hiding behind the tax cap and cutting things that young families would enjoy," McCullough said. "They're cutting things that would bring young families to our community and help our business community. We're left with a lot of nothing and it's still costing us the same amount of money."

Ranzenhofer said as a person who owns a business located in a village, he understands the importance of village services that improve the business environment.

"I’ve seen first hand what a beautification project will do, what a sidewalk project will do, what a facade project will do, what a light project will do," the senator said. "I think these projects help improve the business climate."

Whether state grants are made available to help with such projects, Ranzenhofer said, depends on what priorities the governor and legislature set in future budgets.

Also attending were: Craig Alexander, O-AT-KA Milk; Allan Davis, Liberty Pumps; Jerry Kozowski, BEST Center; Rachael Tabelski (formerly Millspaugh), GCEDC; Steve Hyde, GCEDC; and Katie White, Le Roy Business Council.