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Tuesday, July 15, 2014 at 4:21 pm

Inmate at county jail found hanging by bed sheet, pronounced dead at the scene

post by Howard B. Owens in batavia, Genesee County Jail

Early this morning, an inmate was discovered hanging by a bed sheet inside his cell at the Genesee County Jail.

The 36-year-old victim was pronounced dead at the scene by Coroner Karen Lang.

The Sheriff's Office is conducting an investigation into the death.

His name is not being released pending notification of relatives.

The inmate was found by a correctional officer at 12:34 a.m.

Attempts to revive the individual were unsuccessful.

City fire and Mercy EMS responded to the emergency. 

An autopsy will be performed by the Monroe County Medical Examiner's Office.

The inmate was recently arrested on a felony charge and was being held on bail.

The investigation is continuing.

Tuesday, July 15, 2014 at 11:32 am

Law and Order: Rochester man accused of stealing hedge trimmer from landscape truck

post by Howard B. Owens in batavia, crime, Darien

Jeffrey Cornell Nelson, 46, of Coretta Scott Crossing, Rochester, is charged with petit larceny. Nelson is accused of stealing a Stihl HS81T hedge trimmer from the rear of a landscape truck while the crew was working at ESL Credit Union. The alleged theft was reported at 11:32 a.m. Monday.

Paul Robert Benson, 33, of Sprucewood Terrace, Williamsville, is charged with felony DWI, felony driving with a BAC of .18 or greater, uninspected motor vehicle and following too closely. Benson was stopped at 11:46 p.m. July 2 on Genesee Street, Darien, by Deputy Kevin McCarthy.

Tuesday, July 15, 2014 at 11:03 am

Molino given raise by council after discussion on whether raise was discussed enough

post by Howard B. Owens in batavia, Jason Molino

On a 5-3 vote, the City Council agreed Monday to give City Manager Jason Molino a 2.5 percent raise, retroactive to April 1.

It was a merit raise, said Councilman John Canale.

Councilman Eugene Jankowski expressed concern that the public hasn't been given adequate opportunity to hear from council members on why Molino deserves a raise and to voice their own opinions.

"At this point, we're limiting ourselves to only one discussion," Jankowski said. "It sends a message of some kind of exception being made and I don't think that's the case. It's just an oversight."

Councilwoman Rose Mary Christian also objected to the seeming lack of public discussion prior to the vote.

"This was all handled in executive session and never brought to the floor for any kind of discussion," Christian said. "You can't vote for spending public monies without a discussion, so we should have the discussion and take it from there."

City Attorney George Van Ness explained to council members that Molino's raise this time around is being handled no different than it's been handled in the past and no different from any other employees or any labor agreement.

The particulars are discussed in open session, a consensus is reached among council members, and then a vote is held at a business meeting, where more discussion can take place -- as was taking place Monday night -- before the vote.

"Matters related to the employment issues of a particular individual are appropriately discussed in an executive session," Van Ness said. "If it comes to a situation where there's a decision about the award of or wage adjustment, that's a matter that's presented for public discussion and a public vote. That's what's teed up here this evening."

Councilman John Deleo missed Monday's meeting because of another obligation, but provided Jankowski with a written statement on his behalf objecting to the raise and stating that the hiring of an assistant city manager was supposedly intended to lesson Molino's workload.

Councilman Kris Doeringer said he believed that was a misstatement of why an assistant city manager was hired.

"She was hired to do more work, not lesson Jason's workload," Doeringer said. "We were concerned about Jason's workload and everything he needs to get done and everything the city needs to get done to move forward."

Councilwoman Patti Pacino said the merit of the raise was discussed extensively over two executive sessions.

"We did talk at length," Pacino said. "We discussed whether we should give him a raise or not give him a raise, what did he do to deserve a raise. We really discussed it all. I understand we should bring it out in the open and people can say negative things as well, but we really did discuss this a lot."

Members Kathy Briggs, Jankowski and Christian all voted no on giving Molino a raise.

Tuesday, July 15, 2014 at 10:30 am

City to appoint new members to Cable TV Advisory Board as Time Warner and Comcast prepare to merge

post by Howard B. Owens in batavia, Cable Television Advisory Board

With the pending acquisition of Time Warner Cable by Comcast, the City of Batavia will have an opportunity to comment on the merger as well as renegotiate its franchise agreement for cable television service in the city.

Typically, municipalities enter into franchise agreements with cable providers that determine infrastructure specifications as well as some services the provider might offer along with fees the cable operator pays to the city.

Currently, the city gets $200,000 a year from Time Warner, but the franchise agreement expired a decade ago and has just been automatically renewed without revision by the state's Public Service Commission.

"Time Warner is noncompliant with some franchise benefits," the City Manager told the council Monday night. "We haven't had negotiations since 1993. There are a number of improvements that need to be made."

Comcast contacted the city and expressed an interest in working with the city on a new agreement and gave notice that the city has 120 days to comment to the FCC on the proposed merger.

Both providing comment to the FCC and negotiating a new franchise agreement are specialized, complicated legal issues and the city will likely need to retain the services of an attorney who is expert in the field, Molino said.

The city must also appoint members to the Cable Television Advisory Board, which has been dominant so long, the terms for all the previous members have expired. The city will be inviting residents to apply for seats on the board.

The cable franchise agreement covers terms such as access to cable service throughout the city, franchise fees, construction standards, indemnification and insurance requirements, underground facilities, installation of services, operation and maintenance.

Among the services a municipality can require a cable operator to provide what is known as PEG channels (public, education, government), something that Time Warner hasn't fully provided to Batavia.

A public access channel, for example, would allow local residents to make their own TV shows in the cable operator's local studio. Schools could broadcast plays.  Politicians and the politically minded could host talk shows. Local bands could air concerts. Churches could broadcast their services. Pastors could conduct Bible studies. Historians could provide lectures. The whacky and insane could find an audience, too, as long as it wasn't profane.

Councilman Eugene Jankowski raised the issue during Monday's discussion in response to a question from a constituent. Molino said the topic is certainly one the city -- and the cable advisory board -- could address with Comcast. It would be one more point of negotiation.

Tuesday, July 15, 2014 at 9:45 am

Photos: City honors recent retirees at council meeting

post by Howard B. Owens in batavia

Three of the city's recent retirees were honored by the City Council on Monday night with signed proclamations recognizing their years of service to the city.

Above, retired police Det. Pat Corona.

Retired Det. Chuck Dudek with Councilwoman Kathy Briggs.

Bill Ficarella, former Bureau of Maintenance supervisor, with Councilman John Canale.

Monday, July 14, 2014 at 10:21 pm

Car reportedly flipped over on Thruway near State Street Road

post by Howard B. Owens in batavia, accident, Thurway

A vehicle has reportedly flipped over on the Thruway near mile marker 389.9 in the eastbound lane.

No word on injuries.

Town of Batavia fire and Mercy EMS dispatched.

The location is just west of the State Street Road overpass.

UPDATE 10:21 p.m.: A first responder reports the vehicle is on the guard rail, inverted. One female trapped in the vehicle, though conscious and alert. The vehicle will need to be stablized before firefighters can get her out.

UPDATE: Photos submitted by Town of Batavia FD.

Monday, July 14, 2014 at 9:57 pm

Car hits store facade on Ellicott Street, Batavia

post by Howard B. Owens in batavia, accident, Ellicott Street

A driver apparently hit the gas when she meant to hit the brake while parking outside the Southside Deli at 300 Ellicott St., Batavia, late this afternoon. Her car jumped the curb and hit the Olive Branch health food store. The driver was transported to UMMC for a precautionary exam.

Photos submitted by Frank Capuano.

Monday, July 14, 2014 at 2:56 pm

Law and Order: Keeney Road resident accused of grand larceny

post by Howard B. Owens in batavia, Alabama, alexander, crime, Darien, Le Roy, Oakfield

James Joseph Argento, 36, of Keeney Road, Le Roy, is charged with grand larceny, 3rd. Argento allegedly stole property with an approximate value of $5,000 from a location on Keeney Road, Le Roy. Argento was jailed on $10,000 bail.

Arlin Joselin Reyes, 31, of Townsend Avenue, Bronx, is charged with harassment, 2nd. Reyes was arrested on a warrant out of Darien Town Court. The incident was reported at 5:30 a.m., Nov. 24. Reyes was arraigned on the charged, entered a guilty plea, paid his fines and was released.

Abraham Lyn Rendon-Matadamas, 31, of Lewiston Road, Alabama, is charged with assault, 3rd. Rendon-Matadamas allegedly struck another person in the face. The alleged victim was treated at Medina Hospital. Rendon-Matadamas was arraigned in Town of Alabama Court and released on his own recognizance. He was also handed an order of protection. 

Devon Michael Husted, 16, of Broadway Road, Alexander, is charged with criminal sale of marijuana, 5th, and unlawful possession of marijuana. Husted allegedly sold marijuana while at Darien Lake Theme Park.

Michael Anthony King Jr., 16, of Oakfield, is charged with first-degree sexual abuse and endangering the welfare of a child. King is accused of sexual contact with a child less than 11 years old. He was arraigned and released under supervision of Genesee Justice.

Derek G. Thomas, 37, of Bank Street, Batavia, is charged with endangering the welfare of a child and menacing, 3rd. Thomas was allegedly involved in an incident at 9:30 p.m. July 6 on Lewis Place. He is accused of shoving one person and threatening another. 

Alicia May Lyons, 34, of State Street, Batavia, is charged with petit larceny. Lyons is accused of wrapping several items in her coat while at Tops Market and then proceeding out of the store without paying for the items.

Thomas C. McJury, 48, of Brooklyn Avenue, Batavia, is charged with deteriorated roof covering. McJury was arrested on a City Court warrant stemming from an alleged property maintenance code violation. McJury posted bail and was released.

Emily N. Indovina, 19, of Erie Street, Mt. Morris, is charged with trespass. Indovina is accused of going to a residence she was advised not to visit by a Batavia PD officer the day before.

Konstantin Logvinsky, 28, of Middlesex Road, Rochester, is charged with aggravated unlicensed operation, 3rd. Logvinsky was arrested on a warrant, posted bail and was released.

Alexandria C. Pisarek, 21, of Oakfield, is charged with criminal possession of a controlled substance, 7th. Pisarek was arrested by State Police at 2:42 p.m. Saturday in the Town of Batavia on Route 33. No further details released.

Dominique D. Davis, 21, of Rochester, is charged with issuing a bad check. Davis was arrested by state police. No further details released.

Monday, July 14, 2014 at 2:47 pm

Sept. 2 is deadline to register for free, 12-week course for loved ones of those with mental illness

post by Billie Owens in batavia, events

The National Alliance On Mental Illness of Rochester will be presenting Family to Family, a no-charge, 12-week educational course for families and friends (parents, spouses, partners, siblings ) of people living with mental illness.

Classes will be held each Tuesday Sept. 9 through Tuesday Dec. 2 from 6:30-9 p.m. at the Mental Health Association 25 Liberty St., Unit 4, Conference Room, Batavia.

The classes will provide information, insight, empathy and empowerment based upon factual information on mental illness, medications, crisis intervention, accessing the mental health system and self care which is taught by NAMI trained family members.

Pre-registration required; participants register for the entire 12 weeks. Deadline to register is Sept. 2.

Go to www.namirochester.org or call NAMI Rochester at 585-423-1593, or Mental Health Association at 585-344-2611 for more information and registration.

Event Date and Time

September 2, 2014 - 9:00am - 5:00pm
Monday, July 14, 2014 at 1:20 pm

Local woman found dead on steps of residence on Jackson Street

post by Howard B. Owens in batavia, Jackson Street

Batavia PD is investigating the unattended death of a local woman who was found unresponsive of the porch steps of 131 Jackson St., Batavia.

The body of Summer Ogden, 38, was taken to the Monroe County Examiners Office for an autopsy.

Batavia PD released no information regarding any potential cause of death.

Ogden's name has come up frequently in arrest reports over the past four years, most often on charges of criminal contempt for violating stay away orders involving her boyfriend, Eric Duda.

Duda has faced the same charges for contacting Ogden.

Twice in 2011, both Ogden and Duda were arrested in Stafford when they were found together.

The Batavian's first encounter with Ogden and Duda was right before Christmas in 2010. Duda was manager of the Batavia Motel, 3768 W. Main St. Road, when he and the other residents were kicked out on 24-hours notice after the motel was condemned. The couple had a 10-month-old infant at the time.

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