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Pratt Road bridge will be closed for a week for repairs

By Howard B. Owens

The Pratt Road bridge over the Tonawanda Creek will be closed for repairs starting tomorrow, according to County Highway Superintendent Tim Hens.

The closure is expected to last a week.

Two steel girders will be reinforced.

The repairs will enable the county to remove a load restriction placed on the bridge following inspections this summer.

The $10,000 expenditure comes from the 2010 Bridge Capital Improvement Project, which is funded with state highway aid.

Monroe County accused of trying to force OTB to accept new executive

By Howard B. Owens

An attempt to fill a long-vacant executive position at Western Regional OTB with a Monroe County politician with some baggage is meeting resistance locally.

Genesee County's representative on the OTB board, Richard Siebert, told the Democrat & Chronicle that Monroe County officials are trying to make the appointment without going through proper procedures.

James Smith is a former deputy executive for Monroe County who was charged -- and later acquitted -- of misdemeanors related to alleged misuse of county workers for non-county work.

Smith's nomination is supported by Dennis Bassett, who is Rochester Mayor Robert Duffy’s appointee to the board.

According to Siebert, there's been no interview process and no other candidates considered.

One subcommittee vote was a tie, effectively killing Smith's application.

However, Bassett is now reportedly trying to bring a vote on Smith to the entire board.

A meeting with this single item on the agenda is scheduled for Oct. 11.

From the D&C:

Siebert said Smith supporters are trying to push the appointment through without advertising the job. Smith lacks gaming experience and, while Smith was acquitted of criminal charges, the accusations against him did raise questions about his managerial work, Siebert said.

“They’re ramming it down our throats,” Siebert said.

Driver faces possible charges following rollover accident

By Howard B. Owens

A driver involved in an early-morning, single-car rollover accident on Route 33 in Pembroke was taken to ECMC and may face charges related to the accident.

Igor Tancevski, 26, of 101 Christina Drive, North Chili, was reportedly traveling west on Route 33 when his car went off the road in the area of 1505 Route 33 hitting a mailbox  and a post.

The 2008 Toyota sedan rolled over and came to rest on its passenger side.

No other vehicles were involved in the 4:07 a.m. accident, which is being investigated by Deputy Eric Seppela.

The nature of any possible pending charges were not disclosed.

Truck driver accused of speeding in crash that injures one person

By Howard B. Owens

One person was transported to UMMC yesterday following a three-car pile up on Route 5 in Corfu. A big rig truck driver towing a trailer reportedly failed to stop in time for cars that had slowed to allow another vehicle to make a left-hand turn into the Kutter's Cheese parking lot.

Elias P. Seward, 21, of 7812 Gorton Road, Basom, was cited for allegedly speeding. Seward reportedly told investigator Deputy Chad Minuto that he was unable to stop his truck in time.

The truck, owned by Zahm & Matson, Inc., of Falconer, slammed into a car driven by Joseph Kester, 34, of Warsaw, whose 2006 Kia then hit a car driven by Melody J. Zuppa, 48, of Amherst.

Zuppa, who was cited for allegedly not wearing a seat belt, was injured in the crash. No other injuries were reported.

The accident occurred at 3:57 p.m. in the area of 857 Main Road.

(Initial Report)

Police Beat: Man accused of not paying for cab ride and punching driver

By Howard B. Owens

William George Horner, 59, of Bank Street Road, Batavia, is charged with theft of services and harassment, 2nd. He is accused of refusing to pay a driver of Batavia Cab Company following a taxi ride and then allegedly punching the driver. The alleged incident occurred at 2:40 a.m. in the area of 8013 Bank St. Road.

John M. Parker, 58, of 1302 Phelps Road, Pembroke, is charged with felony DWI, driving with a BAC of .18 or higher, driving with no headlight, failure to use turn signal, no seat belt and avoiding traffic device or intersection. Parker was stopped at 10:26 p.m., Tuesday, by Officer Richard Retzlaff of the Corfu Police Department on Route 33 just east of the village. Parker was allegedly found to have a BAC of .21.

Nadine M. Jackson, 48, of Le Roy, is charged with grand larceny, 3rd. Jackson was arrested by State Police for an alleged crime reported at 9:05 a.m., Aug. 15. No further details were released.

GCC men's soccer putting together dominant season

By Howard B. Owens

I took in a little GCC men's soccer this evening. The Cougers beat Corning 5-0 for the team's 13th win against one loss on the season.

Above, Brady Smith, of Brisbane, Australia, battles for the ball near Corning's goal.

More pictures after the jump:

Josh Gray of Norwich, England.

Joe Smith, of Brockport, hits one off his heel to score the Couger's fifth goal.

Daniel Kocyigit of Staffordshire, England.

Mike Estela of Kendall.

Djibril Gueye of Dakar, Senegal.

Akech Deng of Fairport.

Deng's goal attempt was wide right.

Joe Palmer of Burnsley, England.

Joe Smith.

Kaleo Almeida of Bahia, Brazil.

Brady Smith and Estela.

Almeida.

Fire hydrant hit on Putnam Road

By Howard B. Owens

A car has reportedly sheared off a fire hydrant at Putnam Road and E Road, Town of Batavia.

No water leak reported at this time.

UPDATE: Reader submitted photo.


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Three-car accident reported on Main Road, Corfu

By Howard B. Owens

A three-car accident with injuries has been reported in front of Kutter's Cheese, 857 Main Road, Corfu.

Mercy EMS and Pembroke Fire and Indian Falls Fire are being dispatched.

UPDATE 4:16 p.m.: One injury reported. Extrication required.


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Local Democrats and Republicans open campaign headquarters in Downtown Batavia

By Howard B. Owens

The Democrats are in the mall, across from Sunny's, next to the north side entrance. The Republicans are at 5 Jackson St., Batavia.

Both campaign headquarters are decorated with candidate signs.

Chris Charvella announced on behalf of the Democrats that they will have a grand opening at 6:30 p.m., Thursday.

No word from the Republicans on their plans.

UPDATE: The GOP open house is now scheduled for 11 a.m., Saturday. Steven Hawley and Mike Ranzenhofer are expected to be on hand.

Police Beat: Reports released of seven arrests at College Village

By Howard B. Owens

Willie Lamar Ervin, 18, of Bonica Street, Rochester, is charged with unlawfully dealing with fireworks. Deputy Brian Thompson responded to a report of M88 type fireworks being set off in the parking lot of College Village at 3:15 a.m., Sunday. Ervin was issued an appearance ticket. Also charged was Jerrod Malcolm Scott, 18, of Ridgeway Avenue, Rochester, and Armekco Davante Austin, 18, of Terrace Park, Rochester.

Anthony Willie Wagner, 19, of Bruce Street, Syracuse, is charged with unlawful possession of marijuana. Wagner was at 4:49 a.m., Sunday, following an investigation into a report of fireworks being set off in the College Village parking lot.

Clark Tyrell Canty, 20, of Lenox Street, Rochester, is charged with unlawful possession of marijuana. Canty was arrested by Deputy Brian Thompson at 11:12 p.m., Sept. 29, following a report of the strong odor of marijuana coming from a van parked in the parking lot of College Village.

Kimberly Ann Doyle, 20, of Watson Street, Batavia, is charged with unlawful possession of marijuana. Doyle was stopped at 1:04 a.m., Sept. 30, by Deputy Brian Thompson at College Village after dropping off a resident there. Doyle was allegedly spotted with a banned person in her vehicle. Upon investigation, with the assistance of K-9 "Jay," Doyle was allegedly found in possession of marijuana.

Ashley Evette Mercado, 20, of Watson St., Batavia, is charged with trespass. Mercado was arrested at 1:04 a.m., Sept. 30, by Deputy Brian Thompson for allegedly entering College Village and remaining there in violation of an alleged ban on her presence at College Village.

Sharnice Shantell Gibson, 18, of Wood Street, Batavia, is charged with criminal trespass, 3rd. Gibson is accused of being on Walmart property at 11:04 p.m., July 23, in violation of a ban against her being on Walmart property. Gibson was issued an appearance ticket to be arraigned in Town of Batavia Court on Oct. 21.

DSS chief briefs legislators on fraud investigations

By Howard B. Owens

One thing you need to know about social services and fraud is that just because a person isn't living up to your standards doesn't mean that person is getting public assistance illegally.

The lady could be on her sixth boyfriend in 10 months. She could be pregnant with her seventh son. The man down the road could be a drunk or a pack rat. Both husband and wife could sit on the front porch all day smoking Senecas, or hit the corner deli every day to buy scratchers.

None of that constitutes evidence of fraud, according to Genesee County Social Services Commissioner Eileen Kirkpatrick.

Kirkpatrick spoke with the Human Services Committee today after a legislator raised questions about how DSS handles fraud cases.

While it's the responsibility of all DSS staff members to be on the look out for evidence of fraud, the department employs two full-time fraud investigators (the second position was created in 2006).

And those two investigators are kept busy.

Every day, DSS accepts 16 new applications for public assistance, and every one of them is a potential fraud case.

Of course, of the thousands of cases DSS handles every year, only a relatively few ever reach the stage of an actual fraud investigation.

In 2008, the two investigators formally investigated 342 cases, and there were 582 investigations in 2009.

"When you think about the number of cases we handle in our department, when you think about the thousands of cases, the number of complaints we investigate are really minuscule compared to what we are really doing," Kirkpatrick said.

A fraud investigation can either begin with a complaint, or during the initial application process, Kirpatrick said.

During the interview process, DSS workers look for inconsistencies, using a standardized set of "red flags": Has the applicant recently moved into the county; no documentation; primary tenant with no utility bills; landlord does not verify household composition; or an invalid social security number, for example.

Tips might come from law enforcement, other social services departments, friends, neighbors or even current welfare recipients.

"Clients are famous for ratting on other clients," Kirkpatrick said. "It's usually in defense of their own status. 'If you think what I'm doing is bad, how about ...'" motioning as if pointing to another person.

The screening process generally catches people coming into the county just looking for an easy way to get on public assistance, she said.

"People don't find it that easy to just come in and get on assistance in our department," Kirkpatrick said. "If they need help, we're going to help them, but they're going to have to do what they need to do to complete the program."

Which usually means looking for work, getting job-placement assistance, applying for job training and working to get off of public aid.

Contrary to what some may think or wish, evidence of drug abuse doesn't disqualify a person for public assistance, but all applicants are screened for substance abuse. If abuse is suspected, the person is referred to GCASA.

From time to time, a person makes it through the screening process when they shouldn't -- or gets on public assistance and then later starts earning money not originally reported.

For example, a person might start a new business and not report the income.

It's amazing, Kirkpatrick said, what a good Google search might find about a person's attempts to earn disqualifying income. Investigators also check Facebook and Twitter.

And even comments left on The Batavian -- and there have been examples, Kirkpatrick told legislators, of DSS recipients leaving comments on The Batavian that have led to investigations.

One gentleman on assistance set up a web page for his home business, complete with numerous pictures of his work, and was earning a good living making an undisclosed item. When his entreprenuerism was discovered, DSS shut off his assistance.

When a suspected case of fraud is found, assistance is terminated, but recipients have a right to appeal. During the appeal process, payments continue.

While all tips are welcome -- Kirkpatrick reiterated near the end of the meeting -- that just because a woman's millionaire boyfriend moves in, doesn't mean she is no longer eligible for medicaid. That's not fraud, she said. She could even continue to get food stamps if the boyfriend swore he bought and cooked his own food.

It's also not fraud to fail to comply with DSS rules. Rules violations could jeopardize benefits, but is not considered fraud.

Fraud is an intentional attempt to obtain benefits to which the recipient is not entitled, Kirkpatrick said.

Police Beat: Two men arrested for allegedly fighting on Pringle Avenue

By Howard B. Owens

Tyrone N. Thigpen, 33, of 9 South Lyon St., Batavia, and Robert L. Williams Jr., 20, of 25 Harvester Ave., Batavia, are charged with disorderly conduct. Thigpen and Williams are accused of fighting on Pringle Avenue at 3:10 a.m., Saturday.

Paul D. Barth Jr., 19, of Cohocton Road, Pembroke, is charged with petit larceny. Barth is accused of stealing merchandise while employed at Kmart. The alleged thefts occurred between July through September.

Lynn Ann Hertweck, 42, of Reed Road, Churchville, is charged with a felony count of DWI, aggravated DWI (driving with a BAC of .18 or greater) and improper left turn. Hertweck was stopped in the area of 30 Hunter St., Bergen, at 1:54 a.m., Sunday, by Deputy Howard Carlson.

Richard J. Kubus, 30, of 25 Vine St., Batavia, is charged with petit larceny. Kubus is accused of attempting to steal a grocery cart full of merchandise from Tops Market in Le Roy. The total value is reportedly $401.69.

Trevor D. Cliff, 19, of Avon, is charged with unlawful possession of marijuana, operating a motor vehicle without an inspection certificate and speeding. Cliff was stopped by State Police at 8:28 p.m., Saturday, on Townline Road in Alabama.

Donald I. Wagner, 61, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater and failure to use designated lane. Wagner was stopped by State Police at 10:55 p.m. on Court Road, Covington.

A 17-year-old from Attica is accused of petit larceny from a location in Alexander. The youth was arrested by State Police at 1:39 p.m., Thursday. No further details released.

Follow up to an accident we reported Friday: Injured, Nikkolas M. Bruner, 52, of Basom.

Follow up to "wanted" post for Deborah Compton: Compton was taken into custody Saturday at her residence and released on $1,500 bail.

Update on three unsolved death cases in Genesee County

By Howard B. Owens

From the files of unsolved murders and mysterious deaths:

Bill Fickel, 2005: Chief Deputy Jerome Brewster believes he has a suspect, but needs more evidence to make a case. Brewster is looking for a second person he believes was outside Fickel's Oakfield home when Fickel was shot to death. Brewster's potential suspect is Steven Patrick Rebert, a former Oakfield resident who is a suspect in a double homicide in Pennsylvania. Brewster is hoping the second person will come forward and provide the additional information investigators may need to make the case.

"If we're going to get a conviction, we need more than a belief that this is the person who did it," Brewster said.

Kisha Sullivan, 2002: We spoke with Brewster about the Sullivan case in July, and Brewster said the eight-year-old cold case had recently become active He said there was a person identified who could be Sullivan's killer. Not much has changed since July. There is a man in Rochester that Brewster suspects killed Sullivan. He has reportedly told associates he did it, but nobody will come forward and help investigators put together a solid case. "Everybody is afraid of him," Brewster said. The Rochester police are aware of the suspect and the investigation and doing what they can to help.

Deborah Maniace, August 2010: Maniace's body was found next to the train tracks under the Route 33 bridge in Stafford. We asked Brewster about rumors that Maniace had information about meth dealing in Batavia and that this may be tied to her death. He laughed and said, "(Rumors) are just that." The rumors were checked out, Brewster said, and came to nothing. As recently as last week, investigators questioned Maniace's boyfriend, whom Brewster described as cooperative and somebody investigators are still looking at.

Today's Deals: The Daily Grind, Matty's, Settler's, Larry's and more

By Howard B. Owens

The Daily Grind, 85 E. Main St., Batavia, NY: For Batavia's finest coffee, smoothies, as well as fast and convenient breakfasts and lunches, stop into The Daily Grind. We have a $10 gift card for $5.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

South Beach, 59 Main St., Batavia, NY: Try the new lunch buffet. We have a $25 gift certificate for $12.50 (must be used by Nov. 30, 2010).

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Photos: Notre Dame seniors final walk

By Howard B. Owens

Bare Antolos submitted these photos. Following Notre Dame's game against Elba/Byron-Bergen -- the final home game of the regular season -- the team's seniors walked their field one last time. For a bigger version of the top picture, click here.

Photos: Notre Dame has good showing at cross-country tournament

By Howard B. Owens

Article submitted by Eric Geitner, photos by Bare Antolos.

The Notre Dame Boys Cross-Country Team had an excellent showing at the 46th Annual McQuaid Invitational at Genesee Valley Park in Rochester.

The boys' finished the program's best ever placing at McQuaid taking 2nd, five points behind Campbell-Savona in the 36-team field of the Varsity A-3 race for Small Schools.

Leading the Irish was junior Andrew Fischer who placed 6th covering the course in 16:53, followed by sophomore Arron Carlson who placed 10th in 17:06.

ND's third man is sophomore rookie Jeffrey Antolos who placed 21st with 17:27. Senior Nick Flumerfeldt placed 33rd in 17:44 and junior Luke Calla rounded out the scoring five, placing 47th in 18:06. Matt Sausner ran to a 90th-place finish with 19:09.

The girls' team also had an impressive performance placing 7th in the 39-team field of the Varsity A-3 Race for Small Schools.

Junior Meghan Zickl led the Irish with her 37th place finish of 21:04. Freshman Bailee Welker followed close behind in 46th with a 21:19 and rookie eighth-grader Anna Warner finished in 48th with a 21:20. Senior Kristen Antolos was 74th in 22:30 and eighth-grader Rose Flumerfeldt rounded out the scoring five with a 23:29 that was good for 100th place. Eighth-grader Janelle Fancher ran a 24:22 that placed her 120th.

The Irish Boy's also had a team of five for the Varsity B race, in which senior Conlan Edwards led to a 59th-place finish with a 19:56, the first time the senior has broken 20:00 in Cross-Country.

Freshman Ryan Fuller covered the course in 20:19 for 94th place and Senior Tyler Pingrey finished right behind in 103rd in 20:27.

Senior Devin Sherman finished 168th in 21:26 and rookie junior Steven Cochrane was 234 in 23:04. The Varsity B team finished in 20th place in the 60-team field.

More pictures after the jump:

Jeffrey Antolos

Andrew Fischer

Aaron Carlson

Meghan Zickl

Bailee Welker

Kristen Antolos

Supporting the sponsors who support The Batavian

By Howard B. Owens

When we were first launching The Batavian one of the ways we tried to get the word out about the new site was to take out ads in the Genesee County PennySaver.

The first time I met somebody who said, "Oh, yeah, I read about you in the paper."

I was like, "What?"  I knew the Batavia Daily News hadn't published anything about The Batavian.

It took three or four times of people telling me that they had read about The Batavian in "the paper" that what they meant was the PennySaver.

It's a common problem that broadcasters have long complained about -- exclusive ad campaign gets credited by viewers and listeners to "the paper."

Often when I'm out taking pictures, people who know very well who I am and all about The Batavian will tell their friends, "oh, your picture is going to be in the paper."

My general response is, "No, even better, The Batavian."

Once or twice a week I get phone calls from people who think they're calling the Batavia Daily News. During the Wendt trial somebody told me they recently had an argument with a neighbor who insisted that the Daily owns The Batavian. (For those who don't know, that's not true -- Billie and I own The Batavian and we have no affiliation whatsoever with the Daily News.)

The point of all this is, I know The Batavian's advertising is very effective. I hear from readers all the time about how much they like our ad layout and that they do support our advertisers. Further, from what I've been told, Wine Walk ticket sales skyrocketed as soon as the BID's ad went up on the site. And one advertiser told me recently that he got more calls in two weeks than he did in the previous years of advertising in print.

Billie and I appreciate your support of The Batavian but it's important to remember that, when you take advantage of the services of our sponsors, you tell them you saw their ad on "The Batavian."

And here's our thanks to our sponsors -- the list of the local businesses and organizations you should join us in supporting:

3 D Wine & Spirits
Adam Miller Toy and Bicycle
Alberty Drug Store
Alex's Place
Anglican Community Church
Baker's Frontier Kitchens
Barrett's Batavia Marine and Sporting Supplies
Beds 'n' Bones Pet Lodge
Beverly's Flowers
Blue Pearl Yoga
Bontrager's Auction
Bontrager's Real Estate
Carlson's Studio
CASA
Cedar St. Sales and Rentals
Center Street Smokehouse
Charles Men's Shop
Christiano Cellular
Classic Home Improvements
Crazy Cheap Cars
The Daily Grind
D&R Depot Restaurant
Delavan's Restaurant and Tavern
Empire Tractor
The Enchanted Florist
Fastec Automotive
Foxprowl Collectibles
Genesee Dental Group
Genesee Graphics
Gilmartin
Hair Studio 25
H.E. Turner & Co.
I.R. Systems
The Insurance Center
Jason the Juggler
J. Leonard McAndrew
John's Service Station
Ken Barrett
KleenAll
Kraving's Kafe
Lamb Family Medicine
Larry's Steakhouse
Lawley Genesee
Lawrence Sealers
Lewis and Lewis
Main St. Pizza Company
Making Memories of Travel
The Mane Attraction
Margarita's 
Mark Lewis Agency
Matteo & Mullen, CPA
Matty's Pizzeria
Max Pies
Michael Tomaszewski
Mobile Dog Grooming
Movies in Motion
Mr. Wine & Liquor
Next Level Fitness
O'Lacy's Irish Pub
Oliver's Candies
Optique
Pauly's Pizza
Pellegrino Auto Sales
Pheasants on the Flats
Photos by Roth
Present Tense Books
Pudgie's Lawn and Garden Center
P.W. Minor
Red Osier
Select Collision
Settler's
Sloat Tire
South Beach
South Main Country Store
St. Joseph's School
St. Paul's School
Stafford Trading Post
Southside Deli
Tender Loving Family Care
Terry Hills
T.F. Brown's
Topline Shirt Company
Valle Jewelers
West Main Wine & Spirits
WNY Blacktop Sealers
WNY Fireplace Outlet

Top Items on Batavia's List

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