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Four people injured Friday in West Main Street, Batavia, accident

By Howard B. Owens

A driver says he glanced down at his gas gauge and then didn't see a car in front of him slowing to make a turn, causing a rear-end accident on West Main Street in Batavia on Friday.

Nicholas J. Fenner, 19, of Clarence, was cited for allegedly following too closely.

Four people in the car Fenner reportedly hit were transported by ground ambulance to UMMC with non-life-threatening injuries: Shartanay R. Gibbs, 19, of Batavia (the driver of the second vehicle), Farah St. Cloud, 18, Delore Opoku-Boateng, 18, and Kyla R. Preston, 18.

Also in the second car, but not injured, was Shaday D. Gibbs.

There were no passengers in Fenner's car.

Shartanay Gibbs was cited for allegedly driving without a license.

The accident was investigated by Deputy Chad Minuto.

(initial report)

Notre Dame needs only one TD to open season with win

By Howard B. Owens

It took Norte Dame two quarters to get its running game untracked in its season opener against Attica, but once the Irish were putting positive yardage on the board, a ball control game led to a 7-0 victory.

Mike Pratt punched the ball into the end zone with seconds left in the third quarter.

In all, Norte Dame had its offensive squad on the field for 27 minutes.

Pratt gained 70 yards on 18 carries. Bo Richter had 8 1/2 tackles, including 3 1/4 for a loss.

Pratt also blocked a field goal attempt (pictured above).

More pictures after the jump:

187-year-old home in Stafford destroyed by fire

By Howard B. Owens

In 1823, James Monroe was president, Thomas Jefferson and James Madison were still alive, and it would be more than six decades before Thomas Edison would start the first electric company.

It was also the year a brick house was built at 9418 Roanoke Road.

Today, electricity sparked a fire, driven by high winds, that gutted the little red brick house.

"It's a nice old house," said Betty Smart, who lived on the former farm property for 40 years with husband Terry.

It first started when winds disconnected a electrical wire leading from the house to the barn. The live wire hit the metal roof over the kitchen igniting combustible material under the tin.

Once there were flames, wind gusts quickly fed the fire.

“It’s an abnormal condition that we normally wouldn’t see, but that wind got into the interior and just moved the fire right through the house," said Tim Yaeger, emergency management coordinator.

The Smarts called 9-1-1 as soon as they spotted the fire and immediately got out of the house. Nobody was injured in the fire, or in fighting it, and the Smart's three pets live outside and were not harmed.

Yaeger said beside the winds, water supplies were a challenge. Firefighters used two hydrants, but one of them was nearly 3/4 of a mile from the scene. Crews also trucked water in from a pond two miles away.

Assisting Stafford were fire departments from Pavilion, Bethany, Byron, Bergen, Le Roy, Town of Batavia, Caledonia, York, along with Le Roy's ambulance service and Mercy EMS.

More pictures after the jump:

Man who fell on Route 77 calls 9-1-1

By Howard B. Owens

Dispatch has received a call from a man on Route 77 in Darien who apparently fell, hit his head, was knocked on unconscious, awoke, then called 9-1-1.

It's unknown how long he was unconscious.

He is still lying beside the roadway. He fell in the area of Darien Lake.

Law enforcement and Mercy EMS are in route.

ATV accident reported on Harloff Road

By Howard B. Owens

A woman has possibly suffered a back injury in an ATV accident at 3500 Harloff Road, Batavia.

That's the location of Polar Wave.

East Pembroke Fire and Mercy EMS are responding.

UPDATE 7:21 p.m.: Mercy Flight requested to the scene.

UPDATE 7:49 p.m.: Mercy Flight in route to Strong Memorial Hospital.


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Winds blow live wires onto Stafford rooftop, it's smoking

By Billie Owens

High winds blew live electrical wires onto a roof at 9418 Roanoke Road in Stafford. It's smoking and the fire has spread to the kitchen. It's now a second-alarm fire.

Stafford, Bethany, Le Roy, Town of Batavia and Pavilion are responding to fight the fire and control traffic. National Grid has been notified.

The location is between Sweetland and Westacott roads. The homeowner is outside with fire personnel.

UPDATE (3:12 p.m.): All available manpower in the area is called to the scene. There are three areas on fire inside the home. More traffic control is called for.

UPDATE (3:28 p.m.): Wyoming County is asked to standby in their own quarters with a full crew in case they are needed. Tankers, pumpers, hydrants are all being used and at the ready to fight the fire. Countywide, more crews are called to stand in at the responders' stations. Caledonia is called to help out. National Grid is at the scene. Power inside the house is out. The fire has spread to the garage.

UPDATE (3:40 p.m.): This is now a three-alarm fire. Firefighters were ordered out of the garage, which was "buckling" due to fire damage. There are four fire sites inside the structure now. It has spread to the second floor.

UPDATE (3:46 p.m.): A thermal-imaging camera is requested at the scene. Fire is now in the attic, too.

UPDATE (3:53 p.m.): Inside fire crews are getting out of the structure. They will be fighting it now from the outside only.

UPDATE (4:48): Fresh crews have been called in to replace tired firefighters. The structure is still smoking. The Wyoming County Correctional Facility Fire Brigade is being contacted to aid with equipment, we believe additional lengths of fire hose. Refreshments for the firefighters are requested. The modest, brick home appears to be a total loss. It was built in 1823 and for the past 40 years it has been the home of Terry and Betty Smart.

UPDATE 7:33 p.m.: All units back in service.

Three-car collision, with injuries in Bethany

By Billie Owens

A possibly serious three-car motor-vehicle accident is reported at 5870 Ellicott Street Road in Bethany. There are injuries.

Bethany fire, Mercy EMS are responding.

Mercy Flight is on in-air standby.

UPDATE (3:10 p.m.): Mercy Flight is going to the scene. A landing zone is suggested in the parking lot of the Immaculate Conception Church.

UPDATE (3:50 p.m.): The accident scene is cleared and the roadway is re-opened.

UPDATE (4:55 p.m.): In reply to a question from emergency personnel, dispatch says Mercy Flight went to Strong Memorial Hospital.

Four arrests and 19 citations issued at Rascal Flatts concert

By Howard B. Owens

The following people were arrested during the Rascal Flatts concert Friday at Darien Lakes Performing Arts Center:

Ramzi J. Abialmouna, of Castlebar Drive, North Tonawanda, is charged with disorderly conduct, harassment, 2nd, and resisting arrest. Abialmouna allegedly refused to leave the area and kicked a deputy while being arrested. He was jailed on $200 bail.

Andrew E. Aguado, 23, of South Maple Street, Warsaw, is charged with disorderly conduct. Aguado allegedly urinated in the roadway.

Eric R. Weitz, 38, of Pine Wood Drive, West Seneca, is charged with aggravated DWI, DWI and following too closely. Weitz was allegedly involved in a car accident in the concert parking lot.

Calebmoises H. Garcia, 24, of Tremont Street, North Tonawanda, is charged with DWI, driving with a BAC of .08 or greater and unlicensed operation. Garcia was allegedly involved in a motor vehicle accident on Employee Road.

The following people were issued citations for allegedly possessing alcohol under 21 years of age (after the jump):

Matthew C. Perry, 18, of Osterhout Avenue, Batavia
Tiffany V. Wheeler, 20, of Andres Place, Cheektowaga
A 17-year-old, of Borden Road, Depew
Gary L. Smolarek, 19, of Kokomo Street, Depew
Andrew G. Olsen Jr., 18, of Belmont Avenue, Buffalo
Paul M. Wojcik, 18, of Canterbury Trail, West Seneca
A 17-year-old, of Cleveland Avenue, Niagara Falls
Maura E. Mayer, 19, of New Road, Amherst
A 17-year-old, of Ransom Oaks Drive, East Amherst
Kaylee J. Sclavunus, 20, of Pullman Avenue, Kenmore
Lindsey M. Russ, 20, of Wilmington Avenue, Tonawanda
Kaylee H. Wold, 20, of Marshland Road, Apalachin
Danielle N. Magiera, 20, of Meadowview Lane, Williamsville
Haylie K. Schrader, 20, of Alfonso Drive, Rochester
Alexandria Porzio, 20, of Glidden Street, Cheektowaga
A 16-year-old, of Campbell Boulevard, Amherst
Emily C. Klein, 20, of Royal Ascot Circle, East Amherst
A 16-year-old, of Partridge Run, Amherst
A 16-year-old, of Rambling Road, East Amherst

State champs smother Blue Devils in season opener

By Howard B. Owens

Coming off a 1-7 season, the Batavia Blue Devils found themselves in a rather unfortunate situation for their 2010 home opener: Facing off against state champions, Hornell.

The score was as lopsided as you might expect, with the Blue Devils getting swamped 49-7, but for a time in the first half, it looked like Batavia High might actually make a game of it.

"I thought we came out good there early on," said Head Coach Dan Geiger. "We found a way to move the ball. Hornell’s definitely a tough team, but early in the game, we put them on a longer field. Later in the game, they were on a short field. They’re not a team you can keep on a short field. They’re a strong, physical team."

Hornell struck first and even though the Blue Devils tide the score on its next possession with a 66-yard TD pass from Aaron Gugel to Justin Washington, the game quickly slipped away from Batavia.

By the start of the second half, it was clear Batavia was not likely to make a miraculous come back.

Ryan Pyatt had five carries for 28 yards to lead the ground game.

Spencer Stresing led the defense with seven tackles and was a real presence defensively throughout the game.

"Hornell’s a great team, but we hurt ourselves more in that we didn’t play assignment football," Geiger said. "Our kids realize that. At the end of the game they were talking about, ‘our assignments weren’t perfect enough.' Against a great opponent, and Hornell is a great opponent, you’ve got to be perfect."

In other Genesee County football action Friday: Holly beat Oakfield-Alabama 52-0 and Le Roy beat Livonia 16-8.

Note: I took still photos during most of the first half, and then switched to video once the sun went down. Hopefully, I can get the video edited, processed and posted before I need to head out for more coverage.

More pictures after the jump:

Fire alarm at new med-tech building by GCC

By Howard B. Owens

An automatic alarm of fire sounded a short time ago at the new Med-Tech building near GCC.

Town of Batavia is responding, and first responder requested a responding fire truck position itself next to a fire hydrant. He reported condensation on one of the windows.

A key holder (somebody with emergency access to the building) is responding.

UPDATE 1:11 a.m.: The alarm is sounding from an elevator shaft.

UPDATE 1:13 a.m.: "It's very steamy." (Not sure of the context of that statement.) The key holder is on scene.

UPDATE 1:14 a.m.: "Second floor clear. No type of steam atmosphere up here."  Responder has made entrance to elevator room. "Nothing showing." Maintenance person reports "they poured concrete this morning." Checking the rest of the building.

UPDATE 1:19 a.m.: Crews are double-checking the entire building, but the drying concrete seems to be the cause of the alarm.

Muckdogs beat Auburn, 8-5

By Howard B. Owens

Florida native Joey Bergman has made quite a showing in his first year of pro ball, hitting .302, scoring 35 times, driving in 31 runs and drawing 30 walks. But Friday night he achieved a special milestone -- hitting his first professional home run.

The blast in the fifth inning was part of a Muckdog onslaught against Auburn that lifted the division champs to a 8-5 victory.

Chris Edmundson also homered -- his second of the year. Edmundson's three-run shot was part of a five-run third inning for the Batavia.

Burgman had three hits and Edmundson two.

Starter Zach Russell went five innings and gave up three runs -- all in the first -- to get the win and move his record to 3-3 with a 2.93 ERA.

Batavia is in Auburn on Saturday and closes out the regular season at 1:05, Sunday, against Auburn. The playoffs open on Tuesday, but Batavia's first opponent and the location of the game have not yet been announced.

Photo: File photo.

Treasurer from a Le Roy nursery school accused of stealing funds

By Howard B. Owens

The treasurer of a Le Roy nursery school is being accused of using the school's ATM card to make unauthorized withdrawals and purchase.

The total of the alleged misappropriated funds is more than $6,200.

Jennifer M. Riggi, 29, of 47 Lake St., Le Roy, is being charged with grand larceny.

Riggi was arrested by Le Roy detective John Condidorio following an investigation that started Aug. 16.

Nursery school officials contacted Le Roy Police after checking bank statements and reportedly finding unusual activity.

After being arraigned in Le Roy Town Court, Riggi was released on her own recognizance.

Motor-vehicle accident in front of Denny's

By Billie Owens

A two-vehicle accident is reported at 385 W. Main St., in front of Denny's Restaurant in Batavia.

One person is reported to have a neck injury.

Batavia fire and Mercy EMS are on scene.

Motor-vehicle accident at West Main and Kelsey

By Billie Owens

East Pembroke Fire and Mercy EMS are responding to a motor-vehicle accident with injuries at West Main Street and Kelsey Road. A victim is, or was, in the roadway. 

Mercy Flight is on ground standby, with a 50/50 chance of being able to go to the scene, if called, due to weather conditions.

UPDATE (3:18 p.m.): Emergency responders report the injuries are not life threatening.

UPDATE (3:26 p.m.): Six people and two vehicles were involved. Four people were taken to hospital(s) via ambulance and two others were evaluated/treated at the scene.

Senate candidate calls for government aid to audit public employees' healthcare benefits

By Billie Owens

Here's a new release sent to us today from Marc Coppola, Democratic candidate for state Senate in the 61st District.

In a letter to New York State Comptroller Thomas DiNapoli, Senate candidate Marc Coppola, is asking for assistance to local governments (cities, towns, villages) in conducting an audit of the healthcare benefits paid by taxpayers for public employees.

Coppola acknowledges in his letter that most local governments do not have the resources to conduct such an audit.

He cites a New York “dependent eligibility” audit that is estimated to save the state $25 million per year. He also cites news of the City of Buffalo paying benefits for years for more than 150 deceased individuals.

“This is not an indictment on any administration or public servants," Coppola said. "It is simply a process that should be done periodically because the amount of employees and dependents can be so vast that nobody can keep track of every dollar."

Through collective-bargaining contacts, public employees are given healthcare benefits paid for by local property taxes. Employees and their dependents are eligible for these benefits as well, and in many cases the total cost for local governments is the second highest of all expenses (after wages).

Coppola said that as a (Townawanda) councilmember in 2003, he sponsored legislation calling for an audit of dependents because he knew than that this was a way to save money, control costs and realign healthcare expenses.

“We can no longer tax our way out of some of these financial issues," he said. "Services supplied at the local level are of the most important services offered by government and we need to find ways to be more effective and cost efficient.

"We can’t just cut services or raise property taxes. I believe that with the assistance of the State Comptroller local governments would save millions for taxpayers.”

Assembly candidate says NY should scrap property and sales taxes

By Billie Owens

Here's a news release sent in today from Democrat Chris Barons, a candidate for state Assembly in the 39th District.

The cost of local government and schools is the fastest growing taxpayer burden. That burden is magnified by basing local taxes on real property value. Property tax is unfair and punitive. It establishes a recurring, non-transactional fee on ownership.

Taxes should be a measure of prosperity. Property ownership is an investment not a benchmark of prosperity. Only 54.4 percent of New Yorkers own homes. Property taxes contribute to neighborhood blight when property owners opt against upkeep to avoid increasing taxable value.

In our fragile economic climate, with as many as 17.5 percent unemployed, millions laid-off, and New York leading the nation in first-time unemployment claims, local governments cannot ignore the fact: property taxes do not adjust for fixed or reduced incomes.

My solution to New York’s tax burden is to scrap property taxes AND sales tax. Replace both with a 4 percent residential flat tax and 3.8 percent Value Added Tax (VAT) for business.

With a state GSP of $1,144,481,000,000 and personal income at $828,443,000,000, the net result would be over $74 billion in tax revenue.

With renters direct-paying local taxes, rent bills that include the cost of property tax must be adjusted. To encourage landlords to reduce rent bills, a Rent Adjustment Credit for landlords who lower rent in lieu of property tax will be built into Form IT-214, Claim for Real Property Tax Credit for Homeowners and Renters.

Value Added Tax is misunderstood by many. Essentially it taxes profits on products or services.

Example: a sump pump company buys castings at $5 apiece, tools and assembles them as a sump pump at a cost of $15. The finished pump is sold to a retailer for $40. The value added is $20, which is taxable. The retailer sells the pump to a customer for $80. The value added is $40, which is taxable.

In the case of service providers, the cost of sending a cleaner to a business for eight hours is $60. The cleaning company charges the business $75. The value added is $15, which is taxable.

For financial institutions, the banks pay a VAT on disposal of mortgaged securities, investment and financial services.

The elimination of property-based taxation would especially benefit farmers -- for whom land ownership is a critical investment.

Besides alleviating the unfair burden placed upon taxpayers, eliminating property taxes would jettison the bureaucracy necessary to administer it. A 4 percent residential tax and 3.8 percent commercial VAT would also generate sufficient revenue to accelerate satisfaction of New York State’s overwhelming debt.

Meet the Muckdogs: Seth Blair

By Gretel Kauffman

 

Sorry about the poor audio quality in the last two questions. The rest of the interview had to be cut out because of it. 

Top Items on Batavia's List

Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
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