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Rear-ender at West Main and River streets, Batavia

By Billie Owens

A two-car accident with injuries and air-bag deployment is reported at West Main and River streets. It was a rear-ender. it is blocking traffic. Batavia Fire Department and Mercy medics are responding.

Public Notice: East Pembroke Fire District to hold public hearing Oct. 13 on proposed 2019 budget

By Billie Owens

Public Notice

A public hearing will be conducted by the East Pembroke Fire District in the East Pembroke Fire Hall, 8655 Barrett Drive, Batavia, on Oct. 13 from 6 to 7 p.m.

It will be held to permit public review of the proposed budget for the East Pembroke Fire District for the calendar year of 2019, pursuant to Town Law 176.

A copy of the proposed budget has been filed with the town clerks at Alabama, Batavia, and Pembroke, and is available for review.

All those residing within the area to be served -- people, firms and corporations owning real property within the area to be served, and all those whose business interests or employment would either be benefited or adversely affected, whether or not a resident or owner of real property within the area to be served -- will have the right to be heard in person or by representative at the public hearing.

This is by order of the Board of Fire Commissioners of the East Pembroke Fire District, Towns of Alabama, Batavia, and Pembroke, Genesee County New York.

William R. Joyce, Secretary East Pembroke Fire District

Photo: The grass is always greener ...

By Howard B. Owens

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Three goats at Pully's Farm Market in Le Roy this afternoon stick their heads through the fence of their pasture to chew on grass on the other side, which is apparently greener and tastier.

Below, a tractor on a little bump of a hill next to the parking lot at Pully's.

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McMurray announced $475K raised for campaign in third quarter

By Howard B. Owens

Press release:

Nate McMurray, the Democratic and Working Families Party candidate for New York’s 27th Congressional District, today showed a major force of strength raising more than $475,000 in the campaign’s third quarter.  The vast majority of it was raised in the seven weeks following incumbent Member of Congress Chris Collins being indicted on charges of insider trading and lying to the FBI.

The momentum of Nate’s campaign is accelerating even as the campaign is still counting checks from September.
 
“I’m proud to show the party bosses that our grassroots campaign has the resources to go toe-to-toe with special interest dark money and Mr. Collins’ dirty attack ads. We’re only getting started,” McMurray said. “I have been crisscrossing this district since January meeting thousands of voters from across Western and Central New York.

"We’ve been fueled by potlucks and picnics and our grassroots support has been growing from day one. But this race now has, and deserves, national attention. Mr. Collins’ arrest put NY-27 in the spotlight because it’s obvious to everyone, and certainly voters here, that they deserve better than a representative out on bail.

"I understand how big this district is – I know because I’ve been everywhere talking to voters about healthcare, Social Security, and how to help small businesses and family farms succeed – and I know that it’s important we get our message everywhere. You can expect to see us on TV soon and expect to see our grassroots supporters out in their neighborhoods, spreading our message of integrity and a system that works for the working men and women of this district.”
 
Nate’s impressive fundraising comes even as he will not accept corporate PAC money. Last week, he was endorsed by End Citizens United, a group dedicated to getting Big Money out of politics and fixing the rigged system in Washington so it works for all Americans.
 
It was Aug. 10 when Mr. Collins was arrested on charges of insider trading and lying to the FBI but it was only Sept. 17 when voters of this region learned that it would be Mr. Collins running for reelection after weeks of bait-and-switch legal shenanigans.

It’s no surprise that overwhelming support has come to Nate since voters learned that he would be running against Mr. Collins.

In that time, Nate has built a professional finance operation, built up his campaign staff, and opened seven offices to hold the massive volunteer base.

Nate has also received the support of the working men and women of the district with support from:

  • Amalgamated Transit Union
  • American Federation of Government Employees
  • American Federation of State, County and Municipal Employees
  • Buffalo Building Trades Council
  • Civil Service Employees Association
  • Communication Workers of America
  • International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local 9
  • International Association of Machinists and Aerospace Workers
  • International Brotherhood of Electrical Workers
  • International Brotherhood of Teamsters
  • International Union of Operating Engineers
  • International Union of Painters and Allied Trades
  • New York State Nurses Association
  • New York State United Teachers
  • Niagara Building Trades Council
  • Service Employees International Union 1199
  • United Association of Plumbers, Fitters, Welders, & Service Techs
  • United Automobile, Aerospace, and Agricultural Workers of America
  • United Brotherhood of Carpenters
  • United Food and Commercial Workers
  • United Steel Workers

NOTE: The Batavian has suspended publication of press releases from Rep. Chris Collins until Collins agrees to an interview.

Law and Order: Maple Street man accused of threatening people in the woods in Elba with a knife

By Billie Owens

Joseph Michael Dispenza Sr., 45, of Maple Street, Batavia, is charged with second-degree menacing with a dangerous instrument. At 7:09 p.m. on Oct. 5 on Oak Orchard Road in Elba, Dispenza was arrested following a report and police investigation of a person threatening people in the woods with a knife. He was issued an appearance ticket and is due in Elba Town Court at 5 p.m. on Oct. 15. The case was investigated by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Austin Heberlein.

David Michael Pierleoni, 32, of Whittier Road, Rochester, is charged with fourth-degree grand larceny. At 5:34 p.m. on Sept. 24, Genesee County Sheriff's deputies responded to Kohl's department store for a larceny complaint. Pierleoni was arrested for allegedly stealing $1,097 in merchandise from the store. He was issued an appearance ticket for 1 p.m. on Oct. 15 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Christopher Parker.

Jon T. Magliocco, 41, of Liberty Street, Batavia, is a registered Level 3 sex offender charged with failure to report a change, in this case, to register an Internet account; first offense. He is required by law to register any change in Internet accounts with the NYS Division of Criminal Justice Service. He was jailed without bail and is due in City Court on Nov. 1. He is currently an inmate of the NYS Department of Corrections and Community Supervision -- Clinton Correctional Facility in Dannemora -- and will remain in their custody. The case was investigated by Batavia Police Investigator Eric Hill.

Gary L. Williams, 26, and Matthew Reed, no age provided, of Hutchins Place, Batavia, are charged with disorderly conduct / using obscene language in public. They were arrested at 3:15 p.m. on Oct. 2 on Hutchins Place after allegedly repeatedly screaming obscenities, racial slurs and threats to harm / murder another person -- all while outside in a public place in the presence of neighbors and a gathering of young children. The men continued screaming obscenities despite being warned by police to stop, according to the police report. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Jamie Givens.

Kyle-Jacob T. Fitzpatrick, 29, of Smyrna, was arrested on Oct. 5 by the Le Roy Police Department and charged with: one count of driving a commercial vehicle while intoxicated, a Class A misdemeanor; one count of driving a commercial vehicle while ability impaired by drugs, a Class A misdemeanor; one count of failure to maintain lane, a violation; and one count of failure to keep right, a violation. At approximately 12:30 p.m. on Oct. 5, patrols received a complaint of erratic operation of a tractor-trailer in the Village of Le Roy. Patrols were able to locate the vehicle and while observing it, the vehicle allegedly failed to maintain its designated lane; this caused oncoming traffic to leave their lane to avoid a collision. After a brief investigation, it is believed that Fitzpatrick was operating the vehicle in an intoxicated state. Fitzpatrick was taken into custody without incident evaluated by a drug recognizant expert. He was arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $500 bail. Fitzpatrick's driver’s license is suspended pending outcome of the charges. Fitzpatrick is to return to the Le Roy Town Court on Nov. 5.

Alecia K. Urban, 32, of Hutchins Street, Batavia, is charged with falsely reporting an incident. She allegedly reported a motor-vehicle accident to a police officer, alleging it occurred at a particular location, time and under different circumstances than what actually occurred. She was arrested at 12:20 p.m. on Oct. 1 and was issued an appearance ticket. Urban is due in city court on Oct. 9. The case was investigated by Batavia Police Officer Jamie Givens.

Dylan M. Conte, 25, of Bacon Street, Le Roy, was arrested on Oct. 5 by the Le Roy Police Department and charged with: one count of burglary in the third degree, a Class D felony; one count of criminal mischief in the fourth degree, a Class A misdemeanor; and one count of petit larceny, also a Class A misdemeanor. In the early morning of Oct. 5, the Le Roy Police Department responded to a complaint of a subject breaking windows on a building located in the Village of Le Roy. Upon arrival, patrols located Conte in the area. After a brief investigation, it is believed Conte allegedly entered the building and took an item that was located inside. Conte also damaged a window located on the building. He was arraigned in the Le Roy Town Court and put in Genesee County Jail in lieu of $10,000 bail. Conte is to return to the Le Roy Town Court on Nov. 5.

Ryan David Shumway, 39, of Jackson Street, Batavia, is charged with disorderly conduct. He was arrested at 2:10 a.m. on Oct. 2 on Jackson Street and issued an appearance ticket for city court on Oct. 9. The case was handled by Batavia Police Officer Kyle Krtanik.

Kevin W. Howard, 18, of Chili Avenue, Chili, is charged with failure to appear. On the afternoon of Oct. 2, Howard turned himself in on an active bench warrant for failing to appear in court. He was arraigned in city court and released under the supervision of Genesee Justice. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Frank Klimjack.

City fire hydrant flushing Tuesday: north of Main, west of Bank

By Billie Owens

The City of Batavia Fire Department will be flushing fire hydrants on Tuesday, Oct. 9, from approximately 9 a.m. to 3 p.m. in the areas north of Main Street and west of Bank Street.

Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

For questions, please contact the City of Batavia Fire Department at (585) 345-6375.

This is Fire Prevention Week: city firefighters urge people to 'Look. Listen. Learn.'

By Billie Owens

Press release:

This is Fire Prevention Week and the City of Batavia Fire Department encourages residents to “Look. Listen. Learn.” What does that mean?

Today’s home fires burn faster than ever. In a typical home fire, you may have as little as one to two minutes to escape safely from the time the smoke alarm sounds. Knowing how to use that time wisely takes planning and practice.

The City of Batavia Fire Department is teaming up with the National Fire Protection Association (NFPA) -- the official sponsor of Fire Prevention Week for more than 90 years -- to promote this year’s Fire Prevention Week campaign, “Look. Listen. Learn. Be aware. Fire can happen anywhere,” which works to educate the public about basic but essential ways to quickly and safely escape a home fire.

NFPA statistics show that the number of U.S. home fires has been steadily declining over the past few decades. However, the death rate per 1,000 home fires that are reported to fire departments was 10 percent higher in 2016 than in 1980.

“These numbers show that while we’ve made significant progress in teaching people how to prevent fires from happening, there’s still much more work to do in terms of educating the public about how to protect themselves in the event of one,” said Lorraine Carli, NFPA’s vice president of Outreach and Advocacy. “This is particularly critical given the increased speed at which today’s home fires grow and spread.”

Carli also notes that although people feel safest in their home, it is also the place people are at greatest risk to fire, with four out of five U.S. fire deaths occurring at home. That over-confidence contributes to a complacency toward home escape planning and practice.

“Working in the fire service for many years, we know that people often make choices in fire situations that jeopardize their safety or even cost them their lives,” said Chief Stefano Napolitano of the City of Batavia Fire Department. “We need to do a better job of teaching people about the potentially life-saving difference escape planning and practice can make and motivating them to action.” 

Napolitano says this year’s “Look. Listen. Learn.” campaign highlights three steps people can take to help quickly and safely escape a fire.

  • Look for places fire could start.
  • Listen for the sound of the smoke alarm.
  • Learn two ways out of every room.

While NFPA and the City of Batavia Fire Department are focusing on home fires, these fire safety messages apply to virtually anywhere.

“Situational awareness is a skill people need to use wherever they go,” Chief Napolitano said. “No matter where you are, look for available exits. If the alarm system sounds, take it seriously and exit the building immediately.”

The City of Batavia Fire Department is hosting a series of events in support of this year’s Fire Prevention Week; including stops at Batavia schools, housing units and the library.

For more information about Fire Prevention Week and home escape planning, visit www.FirePreventionWeek.org.

Fuel truck and two vehicles crash at Pearl Street Road and Wortendyke Road

By Billie Owens

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Two cars and a fuel truck collided at Pearl Street Road and Wortendyke Road. The fuel truck is leaking. East Pembroke Fire Department and Mercy medics #1 and #2 are responding.

UPDATE 12:40 p.m.: Injuries are reported. The tanker rolled over. Town of Batavia Fire Police are called to shut down Route 33 east of Wortendyke; Corfu Fire Police are to close 33 west of Wortendyke.

UPDATE 12:44 p.m.: The county's Hazmat Team is called to stand by at county facilities.

UPDATE 12:49 p.m.: Alexander Fire Department is asked to shut down northbound Wortendyke Road at Rose Road.

UPDATE 1:15 p.m.: Preliminary indications are that a gray vehicle and a white van were involved in an accident on Pearl Street Road west of Wortendyke and the driver of a semi-truck hauling gasoline tried to avoid the accident by swerving. The tanker overturned. It is leaking its own fuel, but not the cargo of gasoline. One person was transported to UMMC with non-life-threatening injuries; two others were sign-offs.

Police ask for assistance in locating witness to undisclosed incident

By Howard B. Owens

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Press release:

The Batavia Police Department is looking to speak with this individual as a witness in reference to an incident which occurred at Speedway in July of this year.

Anyone with information in reference to the case may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

Starting today, Farmer's Creekside Tavern & Inn in Le Roy switches to winter hours

By Billie Owens

Submitted photo and press release:

Farmer’s Creekside Tavern & Inn is transitioning to seasonal winter hours starting Columbus Day.

As of today, Oct. 8, regular dining will be as follows: 

  • Wednesday -- Kitchen: 11a.m - 9 p.m.; Bar: 11 a.m. - 11 p.m.
  • Thursday -- Kitchen: 11 a.m. - 9 p.m.; Bar: 11 a.m. - 11 p.m.
  • Friday -- Kitchen: 11 a.m. - 10 p.m.; Bar: 11 a.m. - 12 a.m.
  • Saturday -- Kitchen: 11 a.m. - 10 p.m;. Bar: 11 a.m. - 12 a.m.
  • Sunday -- Kitchen: 11 a.m. - 8 p.m.; Bar: 11 a.m. - 10 p.m.

Farmer’s Creekside Tavern & Inn will still be open for overnight guests as well as prescheduled events, meetings and parties.

To utilize the facility for an event, please contact us at Events@FarmersCreekside.com; we’d be happy to host your next happy hour, board meeting, holiday party, etc.

O'Dell, Bardol post 300 games; Bliss records 299

By Mike Pettinella

A pair of high-revving right-handers rolled 300 games during last week's league bowling action in the Genesee Region.

On Tuesday, Chris Bardol of Brockport found perfection en route to a 761 series in the G&W Vending League at Rose Garden Bowl in Bergen, and two nights later, Steve O'Dell of Oakfield, put 12 strikes together in the third game for a 725 series in the Toyota of Batavia League at Mancuso Bowling Center.

Also on Tuesday, Scott Bliss of Batavia shot a 299 game and 755 series in the Antique World Coed League at Mancuso's, and on Monday, Paul Baney notched a 290 game in the Sneezy's Monday Night League at Oak Orchard Bowl in Albion.

For the list of high rollers, click on the Pin Points tab at the top of this page.

Sales tax agreement, Liberty Street rezoning on Tuesday's City Council agenda

By Mike Pettinella

A revision to the time period of a new sales tax agreement between the City of Batavia and Genesee County is scheduled to be discussed by the Batavia City Council at a Special Conference Meeting at 7 p.m. Tuesday at the City Hall Council Board Room.

In an Oct. 2 memo to City Council, Interim City Manager Matt Worth wrote that the state Comptroller’s office likely would not approve the agreement with its current 40-year term without “special legislation” from the state legislature.

“Genesee County, with support from the City, will be requesting through our state representatives, that this special legislation be introduced for approval during the next available session,” Worth wrote, adding that there is precedent for such a move as Wayne and Ontario counties previously secured similar agreements.

 As a result, Genesee County has offered a 12-month extension agreement – through Dec. 31, 2019 – to provide time for the “special legislation” to go through the legislative process and pave the way for the signing of a 40-year pact, Worth wrote.

In September, Worth reported that the City and Genesee County reached a deal giving Batavia 16 percent of the county’s 50 percent share of the 8 percent sales tax through the end of 2018 – with provisions for that amount to grow in future years by a maximum of 2 percent per year.

Per the memo:

“If future sales tax growth exceeds 2 percent annually, the County will retain the amount above 2 percent, resulting in the City’s overall share changing even though the City received additional funds. Assuming that there will be growth above 2 percent during some years, eventually the City’s share of sales tax will become 14 percent of the total – which then removes the 2 percent maximum growth cap. The City will remain at 14 percent thereafter for the remainder of the contract.”

County legislators deemed that a change in the current agreement was necessary due to pending large expenditures, primarily a new county jail and several bridge replacements/repairs.

Also on the Conference Meeting agenda is a recommendation from the City Planning & Development Committee concerning a request by City Church to rezone several parcels on Liberty Street and Central Avenue from R-3 Residential to C-3 Central Commercial.

According to a letter dated Sept. 19 from Duane President, PDC chairperson, a vote to rezone five Liberty Street parcels and one Central Avenue parcel resulted in two in favor, one opposed and one abstention. Three votes were needed for it to pass, however, and the issue remains on the table.

Preston, speaking today by telephone, said his committee now has decided to approach the matter with a focus on creating an alternate zoning district or establishing a new district classification.

“We don’t want to do spot zoning in the city, but we want to work with City Church to come up with the right zoning,” Preston said. “We need to protect residents on the street in case the property is sold in the future and we don’t want to hurt what City Church is doing for the city.”

Preston said the PDC has called upon the city attorney to make changes that would satisfy both residents and the church.

City Church purchased the former St. Anthony’s Church campus, which included a sanctuary, school and residence, in 2016.

The Rev. Martin Macdonald, pastor, has indicated that the church wishes to offer activities such as a dance school, art school and community education classes that, according to city planners, could be considered a business activity and nonconforming use in an R-3 district.

More recently, it was reported that City Church is negotiating with the City to relocate the Batavia Youth Bureau from its current location on MacArthur Drive to the Liberty Street property. The proposal is supported by the United Way of Genesee County and other agencies, and is contingent upon the zoning change.

Photos: Downtown Batavia Wine Walk 2018

By Howard B. Owens

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The annual Downtown Batavia Wine Walk, sponsored by the Business Improvement District, was held Saturday evening.

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To purchase keepsake prints of photos or digital downloads, click here.

Photos: Byron Fire Department's Sportsman Raffle

By Howard B. Owens

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The Byron Fire Department held its annual Sportsman Raffle on Saturday, with several items offered as prizes to those fortunate enough to buy the winning raffle tickets.

The event also included a bake sale and prize raffle offered by the Auxiliary.

An added fundraiser was a fill-the-boot campaign to raise money to assist the Payne family, who lost their home in a fire on Thursday night. Above, Chief Robert Mruczek with the donation boot.

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Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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