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Staff and Batavia council see plumbing inspector issue differently

By Howard B. Owens

Current State law requires the City of Batavia to have a plumbing inspector, and some of the City Council want to see the job filled.

At Monday's council meeting, City Manager Jason Molino called the requirement for a plumbing inspector an antiquated law and City Attorney George Van Nest argued that  the city has done everything it can to fill the position, which is all it's required to do.

Council members Tim Buckley, Rose Mary Christian and Bob Bialkowski all urged City staff to fill the position.

Bialkowski called it a "public health issue."

"Even though state law says code enforcement can do it, you’re not a plumber," Bialkwoski said. "You don’t know what you’re looking at."

Not necessarily, Molino said.

Currently, the city's code enforcement officers are performing plumbing inspections. Molino said they are trained and licensed by New York for such inspections and in towns and villages across the state, code enforcement officers handle plumbing inspection duties.

Only cities, under current state law, are required to have a certified plumbing inspector.

The Town of Amherst, Molino noted, which is larger than Batavia, uses code enforcement officers for plumbing inspections.

"There is no public health risk," Molino said.

Van Nest noted that there are efforts underway to get the state law changed.

"It’s not like there are some safety issues there that are going unaddressed, because these people are certified code enforcement officials for New York State with all licensing and training," Van Nest said.

The topic was opened in public comments by Batavia resident David Pero, who said he has 40 years experience in plumbing.

"Plumbing has to do with public health," Pero said. "Do the right thing council, put back what is right. We are a city, therefore protect our taxpayers. Plumbing inspecting should be done by a qualified master plumber."

After Barb Toal retired as the city's inspector, Ron Toal stepped in on an interim basis, but then quit June 2. Molino issued an emergency declaration to allow the city's code enforcement officers to take over the duties since no certified inspector had been identified.

Grand Jury Report: Woman accused of stealing from bank in Batavia

By Howard B. Owens

Michelle A. Parker is indicted on four counts, including grand larceny, 3rd, petit larceny, grand larceny, 4th and perjury,1st. Parker is accused of stealing in November 2006 from a bank branch in Batavia and making a false statement related to the case. The amount of the alleged thefts exceed $4,000.

Gerardo Pineda-Sanchez is indicted on a count of assault, 2nd, a Class D felony. Sanchez is accused of stabbing a victim with a knife April 28 in Elba.

Theodore R. Cooper is indicted on one count of grand larceny, 3rd, a Class D felony. Cooper is accused of stealing property valued in excess of $3,000 sometime between Dec. 30 and Feb. 3 from a Batavia resident.

Scott Stine (aka Scott Campbell) is indicted on a count of DWI. Stine is accused of operating a motor vehicle while intoxicated on Lovers Lane Road, Batavia, on May 1.

Ami L. Blackmore is indicated on three counts related to driving while intoxicated. Blackmore is charged with DWI, driving with a BAC of .08 or greater and driving with a BAC of .18 or greater. Blackmore is accused of driving a car while intoxicated on Bloomingdale Road, Alabama, on Jan. 22.

Jamie R. Montgomery is indicted on two misdemeanor counts and one felony count related to an alleged DWI. Montgomery is charged with a misdemeanor count of DWI and a misdemeanour count of driving with a BAC of .08 or greater. She is charged with a Class E felony of aggravated unlicensed operation. Montgomery is accused of driving intoxicated on Route 5 in Stafford on March 17.

Reader tips help lead to arrest of larceny suspect

By Howard B. Owens

An arrest has been made in the alleged theft of credit cards from parked vehicles earlier this month.

Det. Pat Corona of the Batavia Police Department said local media reports about the alleged theft and use of the cards, along with surveillance photos of the alleged suspect, turned up numerous tips leading to the arrest.

Taken into custody and charged with grand larceny, 4th, was Kyle C. Monroe, 20, of 43 Washington Ave., Batavia.

Monroe was located allegedly hiding in the backyard of 131 State St.

He is accused of taking the credit cards from a parked vehicle on Gateway Drive on June 14 and using them to purchase a variety of items at local retail stores, including a laptop computer, electronics and clothing.

The Genesee County Sheriff's Office assisted in the investigation.

Additional charges may be pending and the investigation is continuing.

Monroe was jailed without bail.

Police Beat: Woman accused of making false report

By Howard B. Owens

Melody Lynn Neal, 20, of Indian Falls Road, Corfu, is charged with falsely reporting an incident, 3rd. Neal is accused of contacting Genesee County Dispatch and claiming that a person had contacted her by phone threatening to do her harm. An investigation allegedly revealed that the harassing phone calls never occurred.

Steven B. Ellis, 46, of Wyoming, is charged with DWI, driving with a BAC of .08, and criminal possession of a controlled substance, 7th. Ellis was stopped by State Police in the Town of Batavia at 6:43 p.m., Sunday.

Accident Update: On an accident we reported Sunday that partially closed Route 63 for several hours, the State Police blotter contains the following information. The accident occurred at 1:52 p.m. It was a single-car accident with one injury. The driver is reported as Roy A. Park, 50, of Batavia. No further details were released.

Truck vs. car accident closes Route 20 at Route 77

By Howard B. Owens

It may be a minor injury accident, but responders are requesting that Route 20 be closed at Route 77.

Alexander Fire and Ambulance responded to the scene of what was reported as a truck vs. car accident with minor injuries.

UPDATE Tuesday, 9:53 a.m.: We've received the accident report on this incident.

A tractor-trailer was westbound on Route 20, reportedly driven by Rashpal S. Jhutty, 43, of Alabaster Road, Rexdale, Ontario, Canada, when the truck apparently strayed into the eastbound lane.

Wendy Green, 52, of Alexander, pulled her 2003 Pontiac sedan out of a driveway in the area of 3082 Route 20.

Her vehicle was struck on the side, the back driver's side area and knocked off the roadway.

The cargo on the truck was reportedly not securely fastened and spilled onto Route 20.

No injuries were reported.

Jhutty was issued three citations, including one for allegedly driving on the wrong side of the road.

The accident investigation was handled by Deputy Kevin McCarthy.

Vacant house on fire on Pratt Road, Pembroke

By Howard B. Owens

A vacant house is reportedly on fire at 2881 Pratt Road.

East Pembroke Fire was initially dispatched.

Tankers from Batavia, Corfu and Oakfield requested to the scene.

UPDATE 9:18 p.m.: Fire police requested to shut down Pratt at Powers and Miller roads.

UPDATE 9:48 p.m.: Alabama tanker requested to the scene.

UPDATE 9:52 p.m.: Alabama tanker not available. Pembroke and Indian Falls tankers requested to the scene.


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Moving Wall closes stay in Batavia

By Howard B. Owens

Rain forced the closing ceremonies for the Moving Wall at the VA Center inside today, but dozens of people showed up for the short service. Bill Davis thanked all of the volunteers and donors who made bringing the wall to Batavia possible.

Afterward, a couple of dozen people spent time at the Wall before its removal.

Batavia councilman reportedly plans to change parties

By Howard B. Owens

Batavia City Councilman Bill Cox is planning to bolt from the GOP and join the Conservative Party, WBTA reports this afternoon.

Cox reportedly sent a letter to GOP City Chairman Joe Gerace on Friday and said the local Republicans have no platform and do not stand for anything.

WBTA reports that Cox said he believes the direction of the United States needs to be changed, and that change begins at the local level.

The local GOP is "not doing anything significant to help turn things around," Cox reportedly wrote.

Cox has been a Republican for 47 years.

UPDATE 1:48 p.m.: The Batavian has obtained a copy of the letter.

In it, Cox writes:

Our country is in a mess. The majority party in control of Congress has violated our Constitution and individual rights repeatedly; they make up any rule they want to push through legislation; they make unethical and punitive back room deals; they are bankrupting the country with massive spending, and they refuse to listen to the people.

He says he has already submitted the paperwork to change parties, and adds, "The conservative Party has been at the fore front of trying to counter this along with the Tea Party movement. We need to change things now."

He vows to continue to support Republican causes and candidates who stand for conservative principles.

Assault of Byron man and theft of his guns leads to four years in prison

By Howard B. Owens

A Holley man who assaulted a Byron resident and then stole three long guns from him in April will serve four years in prison followed by five years of supervised release.

Darrell Bruce Reid, 45, who admitted to assault, 2nd, in May, said today that he was sorry for the attack and blamed alcohol for his behavior.

"I would like to say I'm sorry to (the victim)," said Reid. "I didn't mean for this to happen. Of course, the next day I was concerned that I hurt him bad. I did not intend to go there to rob that man or to beat him or to hurt him. There were some things said and alcohol provoked it."

While Reid has a lengthy criminal history, including prior felony convictions, both his attorney Billy Tedford and Judge Robert C. Noonan noted that this is Reid's first violent felony.

"I just encourage you to do whatever you can do in state system to get on the right track before you’re released," Noonan said.

Reid's mother and girlfriend both wrote letters of support and were in court during the sentencing.

Reid was also ordered to pay $1,900 in restitution to the victim for hospital bills.

Police Beat: Oakfield man accused of growing four marijuana plants

By Howard B. Owens

Jeremy Dean Lyons, 25, of Judge Road, Oakfield, is charged with unlawful growing of cannabis and unlawful possession of marijuana. Lyons is accused of having four marijuana plants growing outside of his residence in plain view. He was arrested at 6:42 p.m., Sunday, by Deputy Patrick Reeves.

James C. Cooper, 47, of 7 1/2 North St., Le Roy, is charged with DWI and driving with a BAC of .08 or greater. Cooper was taken into custody after Le Roy Police responded to a report of a disturbance at 1:27 a.m., Saturday, on North Street.

UPDATE: Two additional items from the weekend that did not initially reach our inbox for some reason:

Robert Steven Zona, 53, of Lake Street Road, Le Roy, is charged with rape, 1st. Zona, reportedly a resident of Le Roy Manor, is accused of attempting to rape another resident. Zona was arraigned and released under supervision of Strong Memorial Hospital for mental health evaluation.

James Christain Oehler, 18, of Lake Road, Bergen, is charged with unlawful fleeing a police motor vehicle, and numerous other alleged traffic violations. Oehler is accused of failure to stop his motorcycle on Route 19 in the Village of Bergen. Oehler was reportedly first observed doing 49 mph in a 30 mph zone on Route 19 near Rochester Street in the village. Oehler reportedly turned onto Hunter Road and then Swamp Road, where his speed allegedly exceeded more than 25 mph over the posted speed limit. Oehler was subsequently located at his residence on Lake Road. Upon investigation, Oehler was allegedly operating an unregistered and uninsured motorbike with improper license plates.

Police investigating report of a shot fired near County Building #2

By Howard B. Owens

Genesee County Dispatch received a report of a shot fired at 3727 W. Main St. Road, Batavia, near County Building #2.

The initial response had Sheriff's units and State Police responding, with Mercy EMS staging at Dave's Ice Cream.

The caller reportedly said he heard, "Don't shoot."  And then a shot.

On further questioning by a dispatcher, the caller said he was in the area at the time, and that the shot he heard occurred at least an hour earlier. He said he hadn't seen anybody come or go from the area since.

Police are on scene "trying to sort it out."

UPDATE 8:37 p.m.: Scene secure. Report appears unfounded.

Photos: Challenger Baseball

By Howard B. Owens

Challenger baseball opened last weekend, but I wasn't able to make it, so I stopped by the games today to take some pictures.

More pictures after the jump:

Muckdogs drop third straight in extra innings

By Howard B. Owens

The Batavia Muckdogs dropped its third straight game at Dwyer Stadium, losing to State College 4-2 in 10 innings.

Second-year pro Keith Butler, of Morgantown, Ky., surrendered two runs in the top of the 10th to get tagged with the loss.

Reliever Nick McCully was impressive in four innings, striking out three and giving up only two hits.

Meanwhile, the Cardinal's 5th-round draft pick, San Diegean Nick Longmire, continued his hot hitting. Today, Longmire had two hits, including a triple and a run scored that tied the game 2-2 in the 7th inning.

Longmire tops the league in several offensive categories, including hits (15), triples (3), home runs (3), RBI (16; next best is 9), total bases (33; next best, 23), slugging (.892). He's second in average at .405.

The Muckdogs, now 4-6 and in last place in the Pinckney Division, begins a three-game home series tomorrow against Mahoning Valley. Auburn leads the division at 5-4, only a 1.5 games ahead. Mahoning Valley comes to town with a 4-5 record.

On Thursday, Friday and Saturday, the Muckdogs host Auburn. Friday and Saturday's games feature post-game fireworks. This no home game on Sunday, July 4, so the team is providing an extra fireworks show on Saturday.

Top photo: Longmire arrives at third base after his 7th inning triple.

More photos after the jump:

Car smashes into power pole in Bethany

By Billie Owens

A car has struck a pole at 5465 Ellicott St. Road, near Paul Road, in Bethany. Electrical wires are down. Bethany Fire Department is responding.

Southbound Route 63 is being shut down to one lane because of debris in the roadway. National Grid is responding to the scene in about 30 minutes.

UPDATE (2:03 p.m.): Pavilion Fire Department is asked to reroute all northbound tractor-trailers at routes 63 and 20. The Town of Batavia is sending fire police to reroute all southbound tractor-trailers.

UPDATE 5:06 p.m. (by Howard): Traffic is now being allowed unimpeded at the intersections of Route 63 and Batavia-Stafford Townline Road and at Texaco Town. However, work continues to replace the electric pole, so the southbound lane remains closed and fire police are directing traffic through the one open lane in the area of Paul Road.

Man accused of hitting deputy in the face

By Howard B. Owens

A Sheriff's deputy was accosted early this morning by a man accused of wandering down Colby Road in Darien yelling threats toward residents.

Brett Franklin Dieter, 32, of Lewiston Road, Basom, reportedly tried to avoid Deputy Patrick Reeves when he arrived on scene at 1:37 a.m. When contacted by Reeves, Dieter allegedly shoved Reeves and hit him in the face.

Dieter was reportedly drunk at the time of the incident.

Neither Reeves nor Dieter were injured.

Dieter was charged with disorderly conduct and harassment, 2nd. He was issued an appearance ticket and order to appear in Town of Darien Court on July 20.

Driver accused of passing on the right, causing accident

By Howard B. Owens

A driver was cited for allegedly illegally passing on the right, leading to a minor injury accident at 5:37 p.m., Friday.

The car passing on the right was struck by another vehicle, sending it into a parked vehicle in the area of 2761 W. Main Street Road, Batavia.

Mark A. Riegel, 18, of 3644 W. Main Street Road, Batavia, was driving a 1997 Honda when he allegedly attempted to pass a pickup truck hauling a trailer on the right.

The truck, driven by Joseph O. Martus, 55, of 2761 W. Main Street Road, Batavia, reportedly slowed to make a right-hand turn when Riegel allegedly made his passing attempt. Martus reportedly turned into Riegel's vehicle.

Riegel reported minor injuries, but was not transported to the hospital.

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