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Prayer walk in Batavia tonight for Kelsey Milks

By Alecia Kaus

Friends and family of Kelsey Milks met at the Richmond library parking lot this evening to walk in remembrance of her. Milks, 19, died in a three car motor-vehicle accident Dec. 16, 2012 on Route 63 in the Orleans County, Town of Shelby.

Daniel King says he decided to organize a walk for Kelsey because some people were unable to make the prayer walk they had for her in Pembroke on December 19th.

King says, "People do care care and need more love and community. It's important to show how much people matter. She made a difference in a lot of lives."

About 20 people walked from St. Joseph's Church down Main Street to the Falletti Ice Arena on Evans Street. She loved to ice skate King says. Kelsey's dog Ace made the trip, too.

Jesse Winnicki, from Corfu, says Milks helped him through college.

"She made such an impact on me," Winnicki said. "I don't know how things are going to be without her."

St. Anthony's closing Mass of Thanksgiving

By Alecia Kaus

Parking was at a premuim near the corner of Libery Street and Central Avenue this morning as hundreds of Catholics filled St. Anthony's Church for the closing Mass of Thanksgiving. Bishop Richard Malone of the Buffalo Diocese presided over the last mass at the proud Italian parish.

Since 1908, St. Anthony's has served many on the Southside of the city. Today, some parishoners said they felt like they were attending a funeral. Many with tears in their eyes, and some even dressed in black. Ann Valerych has been going to St. Anthony's for 84 years. "This is more of a funeral Mass. It's the end of St. Anthony's and it didn't have to be."

In 2008, St. Anthony's was merged with Sacred Heart to become Ascension Parish. This was part of the Buffalo Diocese's Journey in Faith and Grace program. In September, the Ascension Parish Council recommended that St. Anthony's close its doors Jan. 1, 2013, because of the financial difficulties operating both churches.

The only bright spot of the Mass was one last baptismal. Daniel Fix and Gretchen Gautieri and Godparents Aaron and Kristen Fix brought Sadie Lynn Fix to the alter before the Bishop and the congregation to instill a feeling of a new beginning and celebrate a new life in the church. Gretchen and her family are long-time members at the parish.

"We still have a church to go to, even though it's not this one," Gretchen said. "It's still a sense of community and we will be able to pray together no matter where we are." 

In his homily, Bishop Malone expressed his understanding of people's feelings of anger and sadness over the closing. Malone says there are many Catholics across the Northeast experiencing the same things as you are here. He told parishoners, "We do this as a people who are strong in faith, who have profound hope that Christ leads us forward and to be able to have a kind love in our hearts to overcome the wounds. It's time for a real act of trust."

Paula Fischer says she has tried to fit in with folks at Sacred Heart but has had enough politics. She says it's bittersweet and she won't be staying with Ascension Parish/Sacred Heart.

"I don't feel that sense of community. The meshing of the two parishes never happened and I don't feel welcome." Fischer says. "The Catholic Church in America today, I don't like the path it is going. I have a strong faith, I will always be Roman Catholic. I will find another place to worship."  

The Buffalo Diocese has not said what its plans are for the church or any of the buildings on the property.

Alexander, Bethany and Darien respond to barn fire in Attica

By Alecia Kaus

A barn fire in the Village of Attica at 69 High St. has closed down Route 98 between Dunbar Road and Route 354. Alexander, Bethany and Darien fire departments are responding.

UPDATE 3:30 p.m.: Town of Batavia also responding.

UPDATE 7:10 p.m.: According to the property owner Gene Reding, the barn was fully engulfed when he arrived home. The two horses that are normally housed in the barn were out in the field at the time and not injured. There was some equipment and hay for bedding inside. He says he has owned the property since 1975 and the barn was built in 1919.

Attica Fire Chief Bob Willard says the wood frame barn went up in flames in five minutes. It looks like the fire started in the basement and it could have been an electrical problem that caused it. It is a total loss.

Seven companies were called to the two-alarm blaze and no one was injured.

Report of subjects shooting something on railroad bed near Godfrey's Pond

By Alecia Kaus

A security person at Godfrey's Pond is reporting a group of people on the CSX railroad bed shooting something. There is a pickup truck parked near the railroad bed.

The security person is not going to get any closer to the subjects.

UPDATE 3:45 p.m.: Genesee County Sheriff's deputies have spotted the pickup truck on Route 19 at a residence. Asking to speak with them unarmed.

Large pothole on Galloway Road a threat to drivers

By Alecia Kaus

A Sheriff's deputy is asking dispatch for assistance with a very large, deep pothole in front of 2725 Galloway Road. It is in the westbound lane east of Macomber Road.

"It's very deep and will need some attention tonight," the deputy says.

The deputy tried to fill it in with some stone from the road but it was not enough.

Suspicious salesperson peering at energy meters in Le Roy

By Alecia Kaus

Le Roy police are investigating several calls from residents on Lake Street and Glenwood Drive of a suspicious salesperson looking at meters on homes. The subject is wearing tan pants, glasses, and a dark jacket.

After a short investigation, Police have determined there are six salespeople canvassing the area for a company called Invenergy. After a check of one of the subjects, police determined he has a suspended license and is from the Syracuse area. Police will be escorting him to the McDonald's on Main Street in Le Roy for a ride home.

Invenergy is one of North America's largest independent wind power generation companies, according to its Web site. They develop, own and operate power generation facilities in North America and Europe. They deal with natural gas, solar, and wind projects for utilities and suppliers.

City firefighters called to hose off 'a large amount of blood' on Lewis Place

By Billie Owens

The city fire department is responding to Lewis Place to hose off "a large amount of blood in the street" at the request of emergency responders. Regrettably, we don't know how the blood got in the street in the first place.

UPDATE 11:55 a.m. (by Howard): Called dispatch. There was a fight on Lewis Place last night. Somebody got a bloody nose.

The day for long-planned trip to California has finally arrived

By Howard B. Owens

We told you it was coming months ago ... and the day has finally arrived.

This afternoon, Billie and I board a plane in Buffalo and head off to California for a week.

We'll visit family in Ventura, Bakersfield and San Diego.

Alecia Kaus will monitor the scanner, handle breaking news and write a few other stories, so, dear readers, you're in good hands. We'll also pick up coverage from our news partner, WBTA.

And in the Digital Age, I'll never be far from The Batavian. I'm sure I'll have plenty of things to post over the week, maybe just not as timely as usual.

Nick Sabato will cover some sports for us.

Lisa Ace will be in the office all week (except Friday) during normal business hours to handle all of your advertising needs or sign you up for The Batavian Club. She can be reached at (585) 250-4118.

We're scheduled to return to Buffalo around noon on Jan. 20.

Photo Sale: Past three years of photos, ridiculously low prices, won't be available after Jan. 31

By Howard B. Owens

For the past three years, we've offered photos for sale through one particular site and a couple of months ago, we started selling photos through my photography site, howardowensphotography.com.

That is working pretty well, so I'm retiring the old photo sales site (so I no longer have to pay the hosting bill).

It would be a monumental task to transfer three years worth of photos from one site to another. So to ensure everybody who still might like to buy photos from the past three years a chance to buy those photos, I've drastically reduced their prices.

Click here to buy photos from the old site at ridiculously low prices. These photos will NOT be available for purchase after Jan. 31.

Of particular interest might shots from this past football season:

There are also:

And again, click here, to access the home page for all of the event albums from the past three years.

Le Roy man accused of sexual contact with teen, threatening person with bottle of vodka

By Howard B. Owens

A 32-year-old parolee is being held in the Genesee County Jail without bail after being accused of illegal sexual contact with a person under age 17 and threatening to hit a person with a bottle of vodka.

James S. Nottingham, of 66 Lake St., Room 16, was arrested by the Le Roy PD following a report of the alleged incident.

He's been charged with criminal sexual act, 3rd, and criminal possession of a weapon, 3rd.

He is accused of of having oral sexual contact with a teenager and during this alleged incident getting into an argument with an acquaintance and threatening that person with a glass bottle filled with vodka.

Old Eagle Hotel smokin' under new ownership

By Howard B. Owens

The Eagle Hotel in Le Roy may have 200 years of history behind it, but that doesn't mean it doesn't have a next chapter in life.

The landmark building has fallen into the hands of four young men who have a vision for it that should make it a go-too place for people looking for a good time and good food for many years to come.

John Marcello, Marc Marcello and Jason Beaumont have partnered to transform the Eagle into the Smokin' Eagle BBQ and Brew. They've hired Le Roy resident Shane Burger as their general manager.

"I think the concept, this building, the entertainment, the BBQ, it all kind of goes together," John Marcello said.

Jason Beaumont grew up in Le Roy and first tried to buy the building 10 years ago. It didn't work out, but when the previous owners decided to sell in 2012, Beaumont took another stab at it.

"I grew up there, and this building has so much character that you don’t get in a lot of places," Beaumont said.

Since Beaumont had no experience in the food business -- his background is in the mortgage industry and has been investing in residential properties and doing property management for the past few years -- he started asking his friends John and Marc about how to run the restaurant side of his new building.

The Marcello brothers own 58 Main Street in Brockport, which is a BBQ and brew sports bar and have owned the business for 13 years.

One day, John told him, you know, we're thinking of expanding.

It didn't take long for the old friends to strike a deal on a new concept for the Eagle. The brothers would bring their experience with BBQ and beer and Beaumont would be in charge of the building.

Then they needed to recruit a general manager.

Through mutual friends, John found Shane, who has been a food and hospitality manager for the Holiday Inn and Batavia Downs.

According to John, Burger was a little skeptical at first, and John understood.

"It’s his reputation on the line," John said. "He doesn't want to walk into a place that is just a bar and grill that’s been here for 200 years wasn't going to change. He wants something different and he brings a lot to the table.”

Once Burger understood the concept, he was sold.

" It was one of those things where I thought, ‘why didn’t think of that?' " Burger said. "It fit. It’s a different niche here in Le Roy and I think it’s being well received so far."

Since the Eagle once had a reputation for being a little on the rough side, the owners have hired big security guys for Friday and Saturday nights, installed security cameras and made it clear certain behavior won't be tolerated.

"It's about setting expectations and putting the right atmosphere right out there right out of the gate," Marc said. "The one guy who causes trouble might spend 50 or 80 bucks in a night, but he costs so much more money in the long run."

They intend for the Smokin' Eagle to be a family-friendly atmosphere. To help enhance that, they're going to open up the foyer so people coming in just for dinner can walk straight into the dining room instead of passing through the bar.

The bar itself is the same grand old hardwood counter it's always been (probably from the days when it was a pharmacy), but instead of just eight beers on tap, there are now 20.

Burger has also started booking in more live music as well as comedy acts.

"Le Roy has been starving for something like this," Burger said.

Burger has a lot of plans for the building, from removing the drop ceiling in the bar to restoring the ballroom upstairs.

"I think everybody can look forward to more changes at a slow and steady pace where everybody can feel comfortable," John said.

And then there's the issue of the third floor. It probably can't be returned any time soon to apartments or hotel rooms, but the ambiance is right for a haunted house come October.

A friend of Beaumont's has run a haunted house for years and they've always wanted to do one together, so now Beaumont has the space.

There may already even be a ghost in residence to give guests a little extra fright.

The ghost is known as "Charlie" and according to Beaumont the previous owner and previous employees have told stories about him.

Is Charlie for real? John laughed and said, "I’ve had some experiences when we first got here. I’m not going to go way into it, but some really creepy stuff, yeah."

As for the food, the menu features smoked pork, either pulled or ribs, and there's pulled-pork potato boats and egg rolls for a little different approach to BBQ. The two-page menu has a variety of other items and side dishes.

John and Marc Marcello started in the food business in high school, working as bus boys at the Village Diner in Brockport. When they moved to Irvine, Calif., they opened a restaurant with their father.

Then about 13 years ago, they wanted to return to WNY and heard their former employer was ready to sell, so they bought the restaurant and changed the name to 58 Main Street. 

Five or six years ago, a very popular BBQ joint in Brockport was shut down and the brothers hired a few key employees. They taught them the BBQ business and BBQ became a staple of 58 Main.

John, Marc and Jason have, over the years, traveled to various BBQ competitions, entering their own dishes. At the competitions, they found other chefs were quite willing to share their own experience and techniques, so they've been able to improve and refine their own smoking skills.

"It’s a learning experience every day," Marc said. "Every day we learn something new or we tweek something and do it a little differently."

Based on what Billie and I have sampled so far, the brothers and their cook staff -- Chris Miller and Brian Canale -- have learned their lessons well.

Photo: From left, Shane Burger, Marc Marcello, John Marcello, Jason Beaumont.

Batavia teen accused of forcing sexual act on another person

By Howard B. Owens

A 17-year-old Batavia resident has been accused of forcing another person into a sexual act and was charged today with a felony count of criminal sexual act in the first degree.

Kyle H. Morse, of Bank Street, was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

The charge stems from an incident alleged Sept. 21 in the Town of Elba.

Youth Officer John K. Dehm investigated the report.

Police trying to sort out incident, possibly involving shots fired, in Le Roy

By Howard B. Owens

Deputies and troopers are on scene of an incident in the area of Route 5 and Keeney Road, Le Roy, that involved some concern about a subject with a gun.

A resident had reported shots fired near his house and a person possibly on his porch.

Law enforcement responded and began a radio conversation about a subject in a house who was seen with a gun.

They observed the actions of the person inside and at one point he was seen putting on either a dark sweater or a vest on (the deputy couldn't see which for sure). He was then seen bending down and standing back up multiple times, doing something the deputies couldn't see below the window.

Le Roy Fire Department was summoned to the fire hall to stand by for possible traffic control.

About that time a deputy was heard yelling over the radio, "Let me see your hands! Let me see your hands!"

A second later, the deputy reported, "one in custody."

Deputies and troopers entered the house and reported two other subjects inside the residence.

At this point, it sounds like law enforcement is trying to sort things out. A deputy told dispatch, "we're securing one subject until we figure out what's going on."

Le Roy fire remains on stand by.

UPDATE 10:27 p.m.: Route 5 and Keeney is being reopened. A deputy tells dispatch, "we're all set" (meaning the situation is under control).

UPDATE 10:44 p.m.: One person being taken into custody (we'll post details from any forthcoming press release when available).

Support The Batavian, support local businesses, save money

By Howard B. Owens

As of this moment, we have 29 local businesses that will honor exclusive gift certificates mailed to members of The Batavian Club. The total value of those gift certificates is $285, while you can become a member of the club for as little as $50 a year ($60 a year if you just want to make a one-time payment).

Here's a list of the participating businesses and the value of each gift certificate you will receive as a member:

  • Adam Miller Toy and Bicycles, $3
  • Alex's Place, $5
  • Alli's Cones and Dogs, $3
  • B Town Taxi, $4
  • Batavia Country Club, $5
  • Batavia Muckdogs, Two free GA tickets
  • Bed-N-Bones Pet Lodge, $5
  • Center Street Smokehouse,$5
  • City Slickers, $4
  • Clor's Meat Market, $3
  • CPR, $25
  • Dan's Tire, $5
  • The Detail Shop, $2
  • En Garde, $5
  • Floral Fantasies, $3
  • Hardcor Audio, $20
  • Mane Attraction, $5
  • Main St. Pizza Company, $3
  • Max Pies Furniture, $100 on $500 or more retail value
  • Millennium Computer, $20 on $100 or more purchase
  • R&D Outlet Center, $5
  • R.W. Vapors, $5
  • Salon VIP & Boutique, $5
  • Salsa & Curry, $5
  • Settler's Restaurant, $5
  • Smokin' Eagle, $5
  • Sweet Pea's, $2
  • Valle Jewelers, $25 on $100 or more retail value
  • West Main Wine and Spirits, $3

Some time around the end of January -- I hope -- we will send out the first mailing of membership cards and gift cards to members. The gift cards can be used anytime in the next year (one per household, must present your membership card at time of redemption and cannot be combined with other discounts, including The Batavian's Deal of the Day).

And as we announced the other day, members will also receive a voucher for two free general admission tickets to a Batavia Muckdogs' game (July 3 excluded).

I look forward to you becoming a member and helping to support The Batavian. And thank you to all of the participating businesses. Any businesses that would like to be included can contact me at (585) 250-4118.

TO JOIN: Use PayPal buttons below, or to pay by check (annual only) or credit card, click here to download form. Or call (585) 250-4118 to pay by credit card.

You already love The Batavian. We appreciate your daily visits to our site and telling your friends about the stories you read here and supporting our sponsors. Now we're asking for your direct financial support. Reader support will help us grow and become better at what we do.

We've set up four membership tiers -- Subscribe to the club monthly as one person or as a household, or annually at either of those levels. 

Members receive a membership card, bumper sticker and a package of gift certificates to local businesses. We'll also occasionally e-mail you coupons from local businesses.

It's important to note, this isn't a subscription to read the site. Our stories remain free to read. This is a membership club with benefits (and we'll add benefits as it grows).

Join via PayPal below, or for annual and one-time memberships paid by check, click here to download this form (monthly, recurring payment memberships must be via PayPal or credit card. To pay by credit card, use the form, or call (585) 250-4118.

Monthly Single Membership - $5 per month
Includes membership card and bumper sticker, package of gift certificates to local businesses.

 

Monthly Household Membership - $10 per month
Includes two membership cards and two bumper stickers, one package of gift certificates to local businesses.

 

Annual Single Membership - $50 per year
Includes membership card, bumper sticker, package of gift certificates to local businesses.

 

Annual Household Membership - $100 per year
Includes two membership cards and two bumper stickers, one package of gift certificates to local businesses.

 

Annual membership, one payment of $60
Includes membership card, bumper sticker, package of gift certificates to local businesses.

Annual household membership, one payment of $120
Includes two membership cards, bumper sticker, one package of gift certificates to local businesses.

 

Byron dinged in state audit for poor record keeping in town court

By Howard B. Owens

A state Comptroller's audit of the Town of Byron found what might be deemed sloppy bookkeeping in the town court.

While no money is alleged to be missing, several traffic tickets may have gone unpaid.

The audit report dings the town for not conducting annual audits of the court to ensure its books are balanced and items are sufficiently recorded.

Going back to 1985, 629 tickets issued in the Town of Byron are still listed as "pending," including 11 in the 1980s and 84 in the 1990s.

Auditors selected 25 tickets at random to determine what happened to them and found that 13 were either dismissed, a fine was paid, or the case was transferred to another court even though they were still listed as pending with the DMV.

Seven tickets had not being enforced by the court until auditors inquired about them, according to the report.

When fines are not paid on tickets, they are supposed to be reported to the DMV as "scofflawed," and that apparently did not happen with these tickets.

"Every town justice is required to present his/her records and dockets at least once each year to be examined by the Board, or by an independent public accountant," according to the report. "In conducting the review, it is important for the Board to determine whether the Court has effective procedures to ensure the Court’s financial transactions are properly recorded and reported, and that all monies are accounted for properly."

Typically, there is some segregation of duties in a town court, but in Byron, according to the report, the justices (Daniel DiMatteo and James Lamkin (for most of the period of the audit)) performed all of the accounting and reconciliation duties themselves.

"The lack of segregation of duties make the annual audit even more important, however, Town officials failed to provide sufficient evidence that annual audits of the Justices’ books and records were conducted," the report reads.

In response to the audit, the town board informed the Comptroller's office that it will create the position of court clerk and hire a person for the job and perform annual audits of the court records.

Grand Jury Report: Alabama man accused of choking victim

By Howard B. Owens

Stephen P. Pahuta III, is indicted on charges of on two counts of criminal obstruction of breathing or blood circulation, one count of strangulation in the second degree, coercion in the first degree, criminal mischief in the fourth degree and assault in the third degree. Pahuta is accused of choking another person June 23 at a location in the Town of Alabama. It's alleged that the victim lost consciousness or was in a stupor for a period of time. Pahuta is accused of instilling fear in the victim so she wouldn't contact law enforcement. There also an alleged choking incident July 16. Pahuta is accused of damaging a phone to prevent the victim from requesting emergency assistance.

Richard R. Vetter is indicted on on count of grand larceny in the third degree and 16 counts of falsifying business records. Vetter is accused of stealing $8,689.78 from a business in Darien. He is accused of making at least 16 false entries into log books to conceal his theft of cash from the business.

Mark K. Biggins is indicted on counts of felony DWI and driving with a BAC of .08 or greater. It is alleged that Biggins drove drunk on Route 33 in Stafford on Sept. 12. According to the indictment, Biggins was convicted of DWI in July, 2003.

Oakfield man accused of sexual contact with child in 2002

By Howard B. Owens

A 41-year-old Oakfield man has been accused of having sexual contact with a child under age 11.

Charged with sexual abuse in the first degree is John W. Eastridge, a resident of Bennett Avenue, Oakfield.

Eastridge was arrested by Youth Officer John Dehm following an investigation into an incident that allegedly occurred in November 2002.

Following arraignment, Eastridge was released under supervision of Genesee Justice.

Truck goes off into the woods on Thruway in Le Roy

By Howard B. Owens

A tractor-trailer has reportedly left the roadway and traveled into the woods on the Thruway in Le Roy.

There are no injuries reported in the accident.

The location is on the eastbound side of the Thruway, just west of the Le Roy exit.

Le Roy fire and Le Roy ambulance dispatched.

UPDATE 3:22 p.m.: Chief on location. It's not a tractor-trailer. It's a wrecker that's off into the woods.

Already higher than average number of flu cases reported in Genesee County

By Howard B. Owens

Flu viruses are hitting most of the nation pretty hard and Genesee County is no exception.

There have been 107 verified cases locally, according to Public Health Director Paul Pettit.

The number of verified cases is already higher than the average of an entire flu season in Genesee County.

"We're still pretty early in the primary flu season," Pettit said. "With what we've seen already, it's clear we have quite a ways to go with seasonal activity."

The flu season is typically January and into April, with the highest activity usually reported in January and February.

A verified flu case is one where there has been a lab test on a patient. Pettit noted that many flu cases never get reported or tested so there have certainly been more than 107 flu cases in Genesee County.

Pettit said anybody with flu symptoms should contact their physician; however, people should only go to the emergency room if displaying higher risk flu symptoms.

"A lot of emergency rooms are getting filled with people who don't really need to be there," Pettit said.

While there have been some reports of vaccine shortages in other parts of the country, Pettit said health department staff has checked with local pharmacies and found that for people 18 and older there is still a supply available.

"It's not to late to get a shot," Pettit said.

For children, supplies of vaccine is running low. The health department has a limited supply, but Pettit said parents should check first with their primary care physicians on availability. The health department's supply is available when other avenues to vaccinate chlldren have already been tried.

Top Items on Batavia's List

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