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Accident with possible drunken driver reported in Alabama

By Howard B. Owens

At least three cars are reportedly involved in an accident in the area of 1130 Lewiston Road, Alabama. 

There maybe injuries. 

There maybe a drunken driver involved. A vehicle may have left the scene.

Traffic lanes may be blocked. 

Alabama fire and Mercy EMS responding.

UPDATE: There may be only two vehicles. One hit a tree and a passenger was left behind.

UPDATE 7:33 p.m.: Passenger is a sign off.

New Christmas song from DelPlato family

By Howard B. Owens

As he's done each of the past couple of years, Carmen DelPlato has sent us over a Christmas song to share with the community. The song is written by Mary DelPlato and performed by Anthony DelPlato.

Law and Order: Complaint of woman locked in bathroom for two hours leads to arrest on drug charge

By Howard B. Owens

Tesia Renee Plantiko, 24, of Harris Road, Le Roy, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia. Plantiko was arrested after police responded to a complaint at 9:50 a.m. Nov. 23 from a business on East Main Street, Batavia, that a woman had been in the restroom for more than two hours.

Joseph M. Marscelli Jr., 31, of Central Avenue, Batavia, was arrested on a warrant. Marsceilli allegedly failed to appear in City Court as ordered.

Francis W. Derenzo, 60, of Ellicott Street, Batavia, is charged with harassment, 2nd. Derenzo was allegedly involved in a domestic incident at 12:30 a.m. on Thursday.

Thomas J. Mitchell, 27, of West Main Street, Batavia, is charged with a violation of probation. He was jailed on $10,000 bail.

Dawn M. Newton, 56, of Crane Road, Medina, is arrested on a warrant. Newton turned herself in on the warrant, which is related to an alleged city code violation for deteriorating roof and gutters. Newton posted $350 bail and was released.

Shamir K. Aslam, 29, of Landstone Terrance, Rochester, is charged with criminal contempt, 1st, and criminal mischief, 4th. Aslam was allegedly involved in a domestic incident in violation of a court order and prevented a subject from contacting dispatchers for emergency assistance.

Richard Dean McKague, 26, of Main Street Road, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. McKague allegedly pushed a person into a door and then kicked her. There was reportedly an order of protection in place. McKague was jailed on $500 bail or $2,000 bond.

East Pembroke Fire takes delivery of new search and rescue vehicle

By Howard B. Owens

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A new all-terrain vehicle for the East Pembroke Volunteer Fire Department will help improve the search and rescue capabilities of fire departments throughout Genesee County, EPFD Chief Don Newton said yesterday.

"This a new tool, another tool, we have available," Newton said. "I think it's a great addition for the fire services."

The only other similar vehicle available for search and rescue operations is with the Alexander Volunteer Fire Department.

Jan Schafer, owner of Buck's Motorsports in Akron helped arrange for the vehicle for EPFD as part of a manufacture's program that allows the department to get free use of the four-wheeler for a year with an option to buy it at 20-percent below dealer costs at the end of the year.

All members of the EPFD will be trained in the operations of the new vehicle, which can be used not only to rescue hunters or snowmobilers, but to help fight small brush fires.

"We need the volunteer firefighters who support our snowmobilers, our ATVers, our hunters, and at events and parades to be well equipped," said Schafer, who is an East Pembroke resident. "I think it’s extremely important that they have some vehicles like this."

There's been an increasing need in the county, Newton said, for increased search and rescue capabilities.

"In our area, Genesee County, we've been getting over the years more and more calls for lost hunters, hurt hunters in the woods, more snowmobile accidents, four-wheeler accidents and ATV accidents," Newton said.

The new vehicle will make it easier and safer for firefighters and EMS personnel to get to a person in need of rescue and more safely get the patients to ambulances or Mercy Flight helicopters, which often must land far from a rescue scene because they're in wooded areas.

Newton said the vehicle not only serves the practical purposes of search and rescue but will also be a good fundraising and recruitment tool. The department can put it on display and show people what their financial support helps bring to the community and greater search and rescue capabilities will help bring in new volunteers interested in that kind of work.

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Beth Kemp picked to lead Business Improvement District

By Howard B. Owens

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Beth Kemp, who has been active in the Downtown business community since she and her husband, Brian Kemp, moved their business, T-Shirts Etc., to East Main Street in 2012, has been named the new executive director of the Business Improvement District.

Kemp replaces Laurie Oltramari, who resigned about two months ago, following a recruitment search by the board of directors that brought in potential job candidates from throughout the region.

Kemp thinks the board recognized her passion and commitment to Downtown.

"I feel there is a lot of potential for our Downtown and I would love the opportunity to bring it to the vision that I see," Kemp said. " I feel the board of directors is moving in the right direction. I think I’m able to collaborate nicely with all the organizations and the city. I have great relationships already established to move things forward."

In order to take the job, Kemp resigned from her director position with the Business Education Alliance.

The move seemed like a natural extension of her longtime involvement with the BID, she said.

"I've actually been in love with our downtown since we moved our small business down here," Kemp said. "I jumped on any opportunity I could take to get on all the committees to help with events to help other small business owners, so it just seemed like a perfect fit for me.  It’s everything that I love to do."

Since moving Downtown, T-Shirt's Etc., which started in the Harvester Center, them moved to the former WBTA building at Main and Harvester, before moving to East Main, has continued to grow and is now located on Center Street.

There's been some tension the past year or two between City Hall and the BID, but Kemp things will be smooth sailing going forward.

"For me personally, I’ve never had any tension or problem dealing with the City on any level," Kemp said. "They’ve always been very willing to help me with any event that we’re coordinating. Any committee I’ve been on, we’ve had great relationships. I don’t see that as being an issue at all."

Man who killed cat in oven given five years probation

By Howard B. Owens

The 400 Towers resident who admitted to baking his cat to death will serve the next five years on probation, Interim Judge Michael Pietruszka ruled in Genesee County Court today.

The defense attorney for Darren Annovi, Lisa Kromer, argued that jail was not an appropriate sentence for Annovi because he has had persistent mental illness and has suffered from mental health issues since childhood.

Annovi has limited intelligence and did not intend to harm his cat, she said, even though he knew it would die in the hot oven, he apparently thought it would painlessly go to sleep and pass away.

During the term of Annovi's probation he will not be allowed to own any pets.

Wendy Castleman with Volunteers for Animals was hoping for more. 

“I think the concern I would have is the signal it sends to the public," she said. "This is a person who killed an animal in a cruel way and received probation. So does that make it OK for other people?”

Via our news partner, WBTA.

Hawley blasts Cuomo for veto of gaming acts bill that would have helped local fundraisers

By Howard B. Owens

Press release:

 “I’m not sure if the governor is still half asleep on tryptophan from Thanksgiving, but it is unthinkable that he can morally and logically kill legislation that was passed 136 to 8 in the Assembly and 59 to 3 in the Senate. 

“Disrespectful and heartless doesn’t begin to describe Cuomo’s actions toward our tens of thousands of tireless volunteers in charities, churches and fire departments, who donate their time to improving their community and now have their hands tied when it comes to fundraising. Gov. Cuomo’s veto message claims the bill may be unconstitutional but our counsel here at the Assembly already ensured that the legislation was constitutional when it was drafted.”

“The Town of Stafford Fire Department has conducted their car raffle for roughly 70 years and now they are faced with a 300-percent budget increase without their fundraiser. This surely amounts to a tax hike for town residents who are already struggling under the nation’s highest taxes. Upstate fire departments are primarily volunteer and rely on these annual raffles for revenue and to fuel operation costs. Whereas downstate many firefighters are paid so this legislation isn’t as important to them. The veto further exemplifies the Upstate and Downstate divide and why ‘Two New Yorks’ should be put on the ballot.” 

“Actions like this are one of the reasons people are fleeing New York in droves. For a governor who cowardly avoids the Legislature to enact his policy agenda and perpetuates our state’s highest taxes in the nation, you’d think the least he could do was sign a non-controversial bill that helps charities raise money.”

Two applications on GCEDC's agenda for Thursday

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider approving applications for assistance from TJ Sheehan and Empire Pipeline at the agency’s Dec. 1 meeting.

TJ Sheehan, a Massachusetts-based wholesaler, is proposing to convert a former 37,500-square-foot Cargill facility in Alexander to a refrigerated beverage distribution center. 

Empire Pipeline owns and operates a compressor station and pipeline in the Town of Oakfield and is seeking a new 15-year fixed PILOT. All taxing jurisdictions have consented to the new PILOT structure. The project payments will enable water infrastructure installation as part of the Genesee County Phase II improvements, some of which will support the Western New York Science and Technology Advanced Manufacturing Park (WNY STAMP) project in the Town of Alabama.

Finally, the board will consider accepting an application and setting a public hearing for assistance from Yancey’s Fancy in which the cheese-making company will invest $5.5 million to expand and renovate the original Kutter's Cheese facility on Main Street in Pembroke. Yancey Fancy anticipates the project will create up to 15 full-time jobs.

The GCEDC board meeting will be held on Thursday Dec. 1st at 4 p.m. at the MedTech Center, across from Genesee Community College, on the first floor at the Innovation Center, Suite 107. All board meetings are open to the public.

Law and Order: Bethany man accused of sexual abuse

By Howard B. Owens

Jordan Paul Fleming, 28, of East Bethany Le Roy Road, Bethany, is charged with third-degree sexual abuse. Fleming is accused of subjecting another person to sexual contact without that person's consent.

Fawn Lynn Marie Kaczmarek, 28, of Liberty Street, Batavia, is charged with criminal possession of a hypodermic instrument. Kaczmarek was allegedly found in possession of a needle during an investigation by Deputy Matthew Clor.

Photo: GSO prepares for annual holiday concert

By Howard B. Owens

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Conductor Shade Zajac leads the Genesee Symphony Orchestra through a rehearsal Monday night at Batavia High School as the GSO prepares for its annual holiday concert at St. Mary's on Dec. 11.

The program includes: 

  • Guests: Emily Helenbrook, soprano, and young artist competition winner Amelia Snyder, alto saxophone
  • Ukrainian Bell Chorale, arrangement by Nancy Strelau
  • Fanfare from La Perri, Dukas
  • Concerto for Saxophone and Strings, Glazonov
  • Christ at the Movies, arranged by Krogstag
  • Emily Helenbrook singing several selections
  • Canadian Brass, arrangement by Custer
  • Sleigh Ride, Leroy Anderson
  • Christmas Festival, Anderson

To purchase tickets, click here.

BHS Drama Club performs Much Ado About Nothing this weekend

By Howard B. Owens

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The Batavia High School Drama Club presents three performances this weekend of William Shakespeare's "Much Ado About Nothing," as dramatized by Trish Black Melchan.

Performances are at 7:30 p.m., Friday and Saturday, and at 2 p.m., Sunday, on the stage of the school's auditorium.

Tickets are $8 per adult and $6 for students and seniors.

The Cast:

Messenger of the Court -- Hannah Bluhm
Beatrice -- Serena Strollo-DiCenso
Benedick -- Evan Bellavia
Don Pedro -- Sam Rigerman
Claudio -- Pierce Corbelli
Hero -- Eryn Dunn
Leonato -- Alex O'Brien
Don John -- Cameron Bontrager
Borachio -- McKenna Dziemian
Conrade -- Christian Arteaga
Dogberry -- AnnMarie Georgia
Verges -- Taylor McKenzie
Margaret -- Celia Flynn
Ursula -- Taylor Fonda
Nerissa -- Elise Hoerbelt
Friar Francis -- Olivia Judge
Kinsman -- Alicia Scroger
Kinsman -- Madeline Keenan
Attendant -- Parise Ricks
Attendant -- Alayna Tatarka
Sexton -- Shannon Cervone

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Legislators turn down DA's request for top assistant in heated meeting

By Howard B. Owens

When the Genesee County Legislature's Ways and Means Committee meets next week, it will be asked to support a county budget that will pull $500,000 from reserves to help balance the budget and raise property taxes to $10.25 per thousand of assessed value.

It won't return a first assistant DA position to the District Attorney's Office, a decision made on an 8-1 vote by the Legislature that prompted Chairman Ray Cianfrini to call his fellow members, "hypocrites."

While other budget matters were discussed during Monday's meeting, the proposal to provide District Attorney Lawrence Friedman with a first assistant -- a position that hasn't been filled in the department for six years -- dominated the conversation.

Friedman tried to make the case for the position, which he intended to fill with Melissa Cianfrini, Ray Cianfrini's daughter-in-law.

Both Friedman and Ray Cianfrini questioned whether the Legislature's reluctance to fill the position, or, more, it's seeming unwillingness to set the salary at what they believe the position is worth, is driven by gender bias.

Friedman exited the meeting quickly after the overwhelming vote against the position and Cianfrini (who cast the one vote in favor of the job) was out the door of the Old Courthouse as soon as the meeting was adjourned.

The position is necessary, Friedman said, because there should be a second-in-command when he's not in the office, there should be somebody else in the office who can handle budget and human resource matters and there should be somebody trained in other aspects of the DA's job because traditionally the first assistant DA becomes the next DA if the position becomes vacant. Friedman was first assistant before he became DA and Robert Noonan was a first assistant before he became DA.

The lack of a first assistant puts the DA's office at a disadvantage, Friedman suggested, against the Public Defender's Office, which only recently acquired its first top assistant, and also has an investigator and a case worker that the DA's office doesn't have and Friedman has never sought.

The county attorney also has a top assistant, and 60 of the 62 district attorneys in the state, including all of the smaller counties, have first assistants, and those offices often also have investigators.

The first assistant also traditionally covered a couple of specialty law areas, such as civil forfeitures, which can generate revenue for the county, and cybercrime and child pornography -- specialties that have gone uncovered by the Genesee County DA's office since Dave Gann retired six years ago.

Legislator Bob Bausch, one of the Legislators who initially questioned the need for a first assistant in the DA's office, said he wondered if it was necessary in an office where all the ADAs are professionals and in the day and age of digital communications.

"Yes, in this day and age, I am accessible, even on vacation, by email and text messages and I’m not complaining about that, but I believe there should be somebody who is trained and has the experience necessary to serve in my absence," Friedman said.

Legislator Marianne Clattenburg questioned why after five years it was suddenly an urgent need in the DA's office to have a first assistant.

Friedman made the point that after Gann left, he was asked to cut spending in 2011 and again in 2012, so he didn't think it was appropriate then to ask to backfill the position.

"I waited five years and I realize it’s never going to be restored unless I push it," Freidman said to explain why he's asking for the position now.

Other members questioned whether the position was really necessary since the office was able to operate six years without it.

"I guess I wonder why we would be penalized because I’ve tried to comply and not pushed and not asked for more money all the time and I’ve waited and I’ve waited and I just feel it’s time," Friedman said. "You know, you could make us wait forever obviously, but I don’t think we ever should have gone without that position, but we did. In a sense, I feel, we were not forced to, but it was the right thing to do at the time. I hate to see us penalized for doing the right thing back then."

Included in Monday's discussion was the potential salary of the reconstituted position. In his initial request, Friedman asked for an increase in his salary budget of $30,000. County Manager Jay Gsell knocked that down to about $9,000, to bring the salary in line with recommendations of a management salary study completed four years ago.

Friedman argued that Melissa Cianfrini is underpaid relative to her 17 years experience as a litigator and that her salary is only where it should be now because of a grant received through the Department of Social Services to pay for prosecution of welfare fraud cases.

Traditionally, the county has paid a new top assistant what that person's predecessor made, which is how Friedman arrived at the $30,000 above Melissa Cianfrini's current salary.

That seemed to be the pay range Ray Cianfrini was pushing for because the next undersheriff, Greg Walker, will be paid the same $89,000 salary outgoing undersheriff William Sheron made. That is a salary that is about $3,000 more than recommended by the four-year-old management salary report.

Ray Cianfrini said it seemed only fair that if Walker was paid according to what the previous undersheriff made, which will represent a pay cut for Walker, then the new first assistant in the DA's office should be paid what the previous first assistant made. Or they should both be paid according to the recommended salary structure.

At a previous meeting, Cianfrini first raised the concern that the Legislature's potential unwillingness to raise the salary for the position was driven by gender bias.

Friedman brought that subject up again Monday evening.

"All I can say is I hope the potential of different treatment of our office is not based on the gender of the person who is going to be receiving the position," Friedman said.

Bausch was the first to speak up and reject that suggestion, noting that he has three daughters, one who is an attorney, and a wife who worked professionally until she retired.

"With members of the press here, I just want to make this point, because I don’t want to be hassled when I go home," Bausch said. "Don’t accuse me of saying this was an issue based on the sex of the employee, because I’ve got four women who are going to kill me.”

With the 8-1 vote against creating the position, the salary question was moot, and Cianfrini wasn't happy.

"Amazing, absolutely amazing," the chairman said. "It makes me think about whether there are other agendas involved here. Ok, let’s go on to the next … you’re all a bunch of hypocrites as far as I’m concerned.”

Some legislators took the barb in good humor, with Legislator Shelly Stein piping up to ask a question, "Hypocrite Stein, here."

Another topic covered Monday was what if any personnel cuts should be made in the planning department, or how the department might generate revenue to cover its expenses. Director Felipe Oltramari said when he first took over the department, it was short staffed and over the past year, with better staffing, they have been able to catch up on a lot of work.

A cut in staffing might mean the department would need to eliminate some of the technical assistance it provides to towns and villages, which helps ensure consistency and conformity in the application of zoning and code enforcement on projects.  

Stein, among others, suggested that down the road, municipalities might be charged a fee for such support.

It's either that or reduce the amount of sales tax revenue shared with the municipalities.

Bausch and Legislator Andrew Young continued their push for a five-year plan for county government. 

Revenue and expense woes are only going to get worse, so a plan is needed.

Young is worried about a treasurer's report that suggests the county will fall into insolvency within five years unless it stops dipping into its reserve funds to balance the budget.

Bausch believes the county will be forced to build a new jail within five years and the expert advice given to the county is that they will need $18 million in reserves when that project goes out to bond. Currently, the county is about $11 million short and Bausch doesn't see how the county closes that gap on its current course.

Thank you from Elba Fire Department with Thanksgiving Day fire

By Howard B. Owens

An open letter from the Elba Volunteer Fire Department:

On behalf of the Elba Fire Department and Elba Joint Fire District, we would like to thank all the fire departments in Genesee County and all the fire companies that came from other counties to help us with the fire on Thanksgiving Day. We also would like to thank all the businesses, organizations, and community people who brought food and beverages. There were a lot of firefighters, EMS, personnel and fire police as well as the Power Company and fuel company. Because of the great cooperation we got from all of these people, the fire went smoothly. With it being a holiday, we also say thank you to all the volunteers who gave up their time with family members and for the understanding family members who supported them. The cooperation and community spirit and support of the people of Elba and surrounding areas was phenomenal. Thank you again. 

Batavia's Jeff Redband named ECC Rookie Player of the Week

By Howard B. Owens

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Press release:

Daemen College men's basketball player Jeff Redband (Batavia, N.Y./Batavia) has been named the East Coast Conference Rookie of the Week for games held Nov. 21-27. The official announcement was made via the league's weekly men's basketball report, which was released this afternoon from conference headquarters in Central Islip.

Redband, a 6-foot-7 redshirt-freshman forward, averaged 13.7 points, 3 rebounds and 1 block per game in three contests last week, while also shooting 51.7-percent from the field (15-for-29) and 55-percent from three-point range (11-for-20). Redband's efforts helped Daemen pick up a pair of wins to push out to a 5-1 record this season.

Redband opened the week by posting the first 20-point outing of his career in Daemen's 90-79 road win at Edinburg University last Wednesday (Nov. 23). The sharp-shooting forward canned five three-pointers in the first half, scoring 15 of his 20 points in the opening frame. He ended the game shooting 7-of-13 from the field and 6-of-10 from long distance, while adding five rebounds in what was the 300th win in the career of Daemen Head Coach Mike MacDonald.

Two days later, Redband started 4-for-4 from the field and 3-for-3 from three-point range as Daemen raced to a 19-point halftime lead over visiting Slippery Rock University. He ended up sharing game-high honors with 16 points on 6-of-11 shooting (4-for-7 from three-point range) in the Wildcats' 12-point win (69-57). The victory moved Daemen to 5-0 for the first time since the 2012-13 season.

The Wildcats' winning streak was halted on Sunday with a 70-61 road loss at Mercyhurst University. Redband finished with five points, three rebounds and two blocks in a losing effort.

Redband's selection is the first weekly honor for a Daemen player this season. The Wildcats led the league in Rookie of the Week selections last season with six. Guard Jay Sarkis (Rochester, N.Y./Greece Athena), who is out for the entire 2016-17 season with an injury, was a four-time recipient, and Deion Hamilton (Rochester, N.Y./Greece Athena) earned the honor twice.

Redband and the Wildcats begin ECC play this week with a pair of road tilts. Daemen visits Long Island University Post on Wednesday (Nov. 30) and the University of the District of Columbia on Saturday (Dec. 3).

For breaking news and continuing coverage of the Daemen men's basketball team, follow @DaemenAthletics and @DaemenMBB on Twitter.

Photo courtesy Daemen Athletics.

UPDATE: I picked this up off of social media -- another former Batavia High School star having a good year so far at the college level is Jalen Smith, a guard at Hilbert College, who was the Alleghany Mountain Conference Player of the Week this week. "Jalen Smith led the hawks to a 1-1 record with averaging 27.5 points per game. He shot 57.7 percent from the field and 43 percent from the 3-point line. He led the hawks defense with four steal per game."

State kicks decision on status of Notre Dame hockey players back to Section V, but clears them to play now

By Howard B. Owens

None of Notre Dame's hockey players will need to sit out the 2016-17 season, at least to start the year, state officials determined after hearing an appeal by school officials on a Section V ruling on eligibility requirements for two or three players.

Officials with NYSPHSAA kicked the appeal back to Section V to reconsider after finding irregularities with the initial ruling.

Wade Bianco, principal for Notre Dame, said he hopes to know by the end of the day today when the school and Section V officials will meet again.

He said he doesn't know what the impact would be on this season if Section V officials again reach an adverse decision based on new perimeters.  

"This their first time through this process and it's our first time through it all, so it's really something for the lawyers to work out," Bianco said.

Bianco said a top priority is protecting the students, the integrity of the coach and the school.

The names of the involved players have not been released, but in early November, Section V officials issued a decision after a hearing that at least two players were deemed ineligible for this season, citing possible violations of recruitment rules.

Officials with NYSPHSAA (New York State Public High school Athletic Association) were out of the office today and not available to provide more information.

Law and Order: Elba woman charged with felony DWI following accident in Alexander

By Howard B. Owens

Kayleigh Jean Allen, 24, of North Byron Road, Elba, is charged with felony DWI, felony driving with a BAC of .08 or greater and moving from lane unsafely. Allen was charged following an investigation into an accident reported at 2:36 a.m. Saturday on Route 98 in Alexander. The accident was investigated by Sgt. Jason Saile.

Maria Luisa Martinez, 21, of Chestnut Street, Batavia, is charged with petit larceny. Martinez is accused of stealing $70.18 in merchandise from Kohl's.

Police looking for person with mental health issues in Clinton Street area

By Howard B. Owens

Batavia PD, with the assistance of Sheriff's deputies, is trying to apprehend a subject with possible mental health issues in the Clinton Street area. 

The person may be injured and may have a knife. 

The call began with a male and female dispute and the male threatening to hurt himself. 

The subject, in a white T-shirt, is now on foot and said to be running from police. 

Police are switching to encrypted communication.

A Mercy EMS ambulance is on standby in Aldi's parking lot.

 UPDATE 9:48 p.m.: Subject may have been located at Country Max on East Main Street. He may be injured. Ambulance dispatched. 

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