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'Toxic odor' reported on Pearl Street

By Howard B. Owens

City Fire is responding to a report of a "toxic odor" in the area of the Sugar Creek Store, 189 Pearl St., Batavia.

Engine 12 is responding "non-emergency" to investigate.

UPDATE 12:07: We've not heard any more about this.


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Photos: A morning tour

By Howard B. Owens

I was out on a story that didn't pan out this morning, but being out and about a little earlier than usual, I was struck how great the sky looked to the east, so I decided to drive out that way in search of photo opportunities. The better light was probably 30 or 45 minutes earlier before I got to any place worth taking pictures, but here are three photos from my short drive.

Above a group of barns on Britt Road near Warner Road.

I was struck by these two bare trees in an emerging cornfield.

Douglas Lake on Route 237.

Police Beat: Student accused of bring drugs to Darien Lake

By Howard B. Owens

Kevin Andrew Hinca, 18, of Brunswick Road, Depew, is charged with criminal possession of a controlled substance. Hinca was reportedly on a 12-grade field trip from a high school in Erie County to Darien Lake. He was allegedly found at Darien Lake in possession of hydrocodone and MDMA, commonly known as ecstasy.

James Thomas Pero, 18, of Ross Street, Batavia, is charged with unlawful possession of marijuana. Pero was allegedly found in possession of marijuana in the parking lot of Batavia High School following a random sniff search with the Sheriff's Office K-9. The search was conducted at the invitation of the school.

Megan T. Suttell, 20, of Oakfield, is charged with unlawful possession of marijuana. Suttell was cited by State Police at 12:25 a.m., Thursday. No further details were released.

Juveniles are suspects in Wiard Plow factory arson

By Howard B. Owens

Unidentified juveniles are being blamed for the fire that destroyed a portion of the Wiard Plow factory building on May 8.

Following a weeks-long investigation, Batavia Police detectives have concluded the fire was arson.

In a news release this morning, the department said numerous interviews of suspects and witnesses as well as electronic and physical evidence led to the identification of the suspects.

Because of their age, the case against the suspects will be referred to family court, where defendants names are kept confidential.

Today's Deals: Oliver's Matty's, Center Street, Delavan's and more

By Howard B. Owens

Oliver's Candies, 211 W. Main St., Batavia, NY. Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

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.

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.

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.

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.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

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.

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.

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.

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Multiple-vehicle accident on Oak Orchard Road

By Billie Owens

A three-, possibly four-vehicle, accident is at 7635 Oak Orchard Road. There's one minor injury reported and gas leakage from one or more of the vehicles.

Car crash at Sumner and Colby in Darien

By Billie Owens

A two-vehicle accident is reported at Sumner and Colby roads in Darien. A teen driver has a head laceration and a baby was thrown from the car seat, but not ejected from the vehicle. No other information available.

Darien Fire and Mercy EMS are responding.

Farmers' Market at Batavia Downs Casino opens June 15

By Billie Owens

With summer less than two weeks away, farm-grown fruits and vegetables will soon be in plentiful supply at Batavia’s Genesee Country Farmers’ Market. The popular open-air market begins its 2010 season this Tuesday, June 15, in the parking lot at Batavia Downs Casino.

In addition to farm-fresh produce, the market will also feature home-baked goods like bread, rolls, pastries, pies and muffins.

Member wineries of the Niagara Wine Trail will once again offer a wide variety of local wines to taste and purchase. And a new addition this year is a lunch wagon serving sandwiches, drinks and desserts. About 20 vendors are expected to participate.

In making the announcement, Market Manager Paul Fenton said “We are looking forward to our third season at Batavia Downs Casino. It’s an easily accessible spot for all of our customers and is convenient for the many patrons of The Downs, too.

"We are proud of the fact that we are a grower’s market and everything we sell is grown by our vendors.”

The market will be open from 8 a.m. to 5 p.m. every Tuesday and Friday through Oct. 29.

Investigation into Bill Fickel murder making progress, but no arrest imminent

By Howard B. Owens

The ongoing investigation into the 2005 murder of Bill Fickel is moving forward, there have been new leads, but the case is far from solved.

Chief Deputy Jerome Brewster of the Genesee County Sheriff's Office is obviously reluctant to discuss details, but he said that recent leads "take us in a direction we want to go."

Lisa Fickel said she's heard news from the Sheriff's Office that indicate new progress is being made.

"It makes me hopeful," she said.

But both Brewster and Fickel said nobody should expect an arrest any time soon.

By now, most Genesee County residents know the story of Bill Fickel's murder.

At about 8:30 p.m., Nov. 10, 2005, Lisa saw a flatbed truck back into their driveway. She told Bill she thought somebody was there to look at the van they had for sale. Bill put on his shoes, grabbed a flashlight and headed outside with their dog. Lisa, who was in the kitchen of their Burns Road home, heard two shots. She ran outside just in time to see the truck driving away. She found her husband lying the the driveway. He was later pronounced dead at the hospital.

Bill Fickel was 46 years old at the time of his death.

Lisa said the Sheriff's Office remains in constant contact with her as investigators continue to work the case. She put up billboards, especially in Orleans County, asking anybody with information to call the Sheriff's Office.

Brewster said even with new leads, it's a complicated investigation. He compared it the Scott Doll case, where investigators had a blood-covered suspect caught near the scene of the night of the murder, but getting a conviction was still no easy process.

"Here we have the complexity of gathering evidence five years later," Brewster said.

That evidence includes DNA evidence, he said. He said every two weeks the Sheriff's Office gets its turn to run DNA evidence from the Fickel case through the national DNA database. If a suspect were to be convicted of a crime in New York, the rest of the U.S. or Canada, his DNA would eventually wind up in the databank and perhaps a match would result.

"We are making progress," Brewster said. "We continue to work the case. We are hopeful, but we're not about to make an arrest."

Brewster asks that anyone with any information that might help in the case should call the Sheriff's Office at (585) 345-3000.

Barons gets local Democratic backing to challenge Hawley for Assembly seat

By Howard B. Owens

Genesee County Democrats have agreed to line up behind local author and Bergen resident Chris Barons, better known on The Batavian by his pen name, C.M. Barons.

The Democrats picked Barons to face off against popular Republican incumbent Steve Hawley in the 139th Assembly District.

Mike Ranzenhofer, a first-term Republican who represents Genesee County in the Senate, will face a committee-endorsed challenger.

The Democrats announced that Marc Coppola will get their support. Coppola has held a State Senate seat previously.

From the Democrat's release:

Barons met with the committee at their May meeting. In an open letter to county Democrats Barons said, "My bottom line is dialogue -- dialogue with local governments, constituents and ultimately with fellow assembly members. It is time to put aside blame and get down to the business of making New York State government function again. I am committed to that task."

County Chairwoman Lorie Longhany said, "We’re very excited to have the opportunity to give voters a real choice. We’re fielding excellent candidates and I think people are going to be proud to vote the Democratic line from top to bottom this November."

Both candidates were endorsed unanimously.

Dump truck partially rolled over on Route 33, entanged in wires

By Howard B. Owens

A dump truck has apparently partially rolled over on Route 33 near Jericho Road, Bergen.

It is on two wheels and entangled in cable and phone lines.

The driver is out of the vehicle and no injuries are reported.

Bergen Fire is responding and advised to use caution.

UPDATE 1:15 p.m.: Phone company is on scene.

O-A casts nearly unanimous vote for Prom Queen with Down syndrome

By Billie Owens

Colleen Fisher just may be the most popular Prom Queen ever selected at Oakfield-Alabama High School.

In a landslide of ballot votes, the 18-year-old garnered all but about two votes to be crowned at the junior/senior prom held at Stafford Country Club.

She is a graduating senior, very well liked, who happens to have Down syndrome.

“She is a wonderful young girl,” said High School Principle Lynn Muscarella.

Colleen’s teacher says Colleen’s thrilled with the honor.

“She’s on Cloud 9,” teacher Adrienne Fuore told Muscarella. “Being named Prom Queen has made her whole year.”

And it has been a busy one. She studies basic life skills for a half-day, then takes vocational classes --called the West Program – at Boces.

In addition, she’s been active in Drama Club and this year she started learning how to play clarinet.

For the spring musical presention, the musicians all learned a song that Colleen could perform on her clarinet. It was the traditional standard “Hot Cross Buns.” She also played the final song with the group and the audience was delighted.

“I’ve never seen or heard of anyone with Down syndrome being named Prom Queen,” Muscarella said. “I am just so proud of my kids here. It tells you a lot about them.”

Colleen's mother, Dawn Fisher, said the event was the highlight of her daughter's senior year.

"She was excited about the prom in general, about life, and when she won she yelled 'I won!'" Dawn said. "It is awesome that the kids chose her. They recognized her. It was very selfless of them."

Prom royalty pictured on top, from left: Princess Randi Zakes, Prince Nathan Klos, Queen Colleen Fisher and King Kevin Beuler.

Inset above, the royal couple, King Kevin and Queen Colleen.

If dogs could talk, it would be funny - and instructive, says trainer

By Victoria Gooch

Oakfied resident Jim Beverly is a dog lover who has always wondered what his dogs were thinking -- or what they would say if they could talk.

And as an animal trainer who has four-legged hunting partners, he thought it would be interesting to produce a DVD that would use his talents, teach people something and be amusing, too.

So he created what he dubbed the "Fun DVD," which he is selling to help the Batavia City Church finish its kitchen project in the Generation Center. He is a member of the congregation. The rest of the money will go to Roswell Cancer Institute in Buffalo where his wife has been treated for a rare form of the disease.

"My mission in life is to help anyone I can with the talents and opportunities that God has entrusted me with," Beverly said. "The more pictures I looked at and the situations the dog was exposed to, the more I started imagining some funny remarks or thoughts that that particular animal may have had at the time.

"It's amazing at some of the things we demand and ask of our four-legged hunting partner."

Although his education is in marketing and engineering, his passion is retrievers and waterfowl hunting.

He has learned that a dog is a never-ending learning experience and it can always keep you on your toes.

"My filming project is going to be a down-to-earth retriever training DVD focusing on the everyday retriever owner and my techniques God has blessed me with. ... The education, experience and faith that I have is what has allowed me to be in the top of my profession.

There may be nothing quite like this DVD on the market. Beverly has done very little editing in order to show different personalities of dogs and how to deal with the training issues of each one.

"As I tell young people that happen to be attending any of my appearances, I did not take dog training 101, but a good education is the first step toward being able to choose what you want to do rather than being forced into something just to earn a living."

The DVD can be ordered directly from Beverly. Cost is $18, including shipping. His phone number is (716) 474-4661.

Beverly is working on another video that he plans to release next year.

Police Beat: Batavia woman accused of writing bad check in Corfu

By Howard B. Owens

Paula Ann Kingdollar, 41, of Bank Street, Batavia, is charged with issuing a bad check. Kingdollar is accused of writing a check on a closed account in September, 2009, at a business in Corfu.

Joshua Paul Piscitelli, 25, of Eagle Harbor Road, Albion, is charged with unlawful possession of marijuana. Piscitelli was stopped by Deputy James Diehl at 9:34 p.m., Wednesday for an alleged traffic violation on Quaker Hill Road in Elba.

James A. Mitchell, 32, of 3 Maple Ave., Le Roy, is charged criminal possession of stolen property, 5th. He was arrested by Le Roy Police.

Anthony J. Donoghue, 27, of 6 School St., Le Roy, is charged with two counts of criminal possession of stolen property, 5th, and possession of an altered vehicle document. Donoghue was arrested by Patrolman Daryl Robb of the Le Roy Police Department. It was alleged that Donoghue unlawfully possessed one license plate and one vehicle registration belonging to another and also that he altered the vehicle registration.

Two youths from the Town of Batavia were arrested by State Police and charged with criminal mischief. One youth is 16 and the other is 12. Both are males. The alleged incident occurred at 5:31 p.m., March 25. The alleged incident occurred in the area of 8792 Haven Lane, Batavia. No further details were released.

Accidents from the State Police blotter:

2:08 p.m., June 8, Morganville Road, Stafford, three vehicles; Driver 1: Dianne D. Callisher, 51, Batavia; Driver 2: Craig A. Tiberio-Shepherd, 20, of Le Roy; a third driver was not identified. No injuries reported.

5:15 p.m., June 7, West Saile Drive, Town of Batavia, two vehicles: Driver 1: Joni L. Brown, 20, of Batavia; Driver 2: Dodie L. Keller, 39, of Akron. One injury reported.

Friedman: No decision made yet on whether to pursue adultery charge against Suzanne Corona

By Howard B. Owens

It appears that it's not a done deal that the Genesee County District Attorney's Office will pursue an adultery charge against Suzanne M. Corona, who was allegedly caught engaged in sexual conduct in Farrall Park on Friday.

The 41-year-old Corona and her husband of nearly 7 years spoke with reporters yesterday and Joseph Corona said that if he was the supposed victim of the crime, nobody in law enforcement ever consulted with him to see if he wanted adultery charges filed.

"I wish that the charges were dropped so that we could resolve this as a man and wife, more of a private matter," Joe Corona said.

He called District Attorney Lawrence Friedman yesterday morning and asked that the charges be dropped.

"(The wishes of the victim) does come into consideration and I told him that," Friedman said. "But what I also told him is that it's not the only consideration.

"Let's say for the sake of argument," Friedman added, "that he is the victim of that charge, we do take into consideration the victim's feelings, but as in any other case there are other things we look at."

While other people may argue that the case is bigger than just the people involved, he said such philosophical positions don't really factor into whether to prosecute a defendant.

Suzanne Corona has said she plans to challenge the constitutionality of New York's adultery law and she is actively seeking legal representation.

Friedman said he considers the constitutional issue somewhat irrelevant because Corona is charged with two Class B misdemeanors, the least serious crimes in New York. Even if one charge were dismissed or withdrawn, there's the public lewdness charge, which Friedman believes Corona has pretty much admitted to in her public statements.

Asked, however, that if there was a constitutional challenge, wouldn't it require his office to defend the state law? Friedman replied, "If we choose to do so."

"It's not like I would anticipate somebody receiving concurrent sentences if they were convicted," Friedman said.

The DA said no decision has been made on how to handle the case, and when the decision is made, it will be one of the assistant district attorneys in his office who makes the call. Friedman said he's not going to be directly involved in the case.

Friedman has prosecuted an adultery case in Genesee County before, he said. In that case, a witness testified under oath to a long-term, consensual relationship with a married woman, which prompted the woman's husband to ask the DA's office to pursue an adultery charge.

"How could we say no to that?" Friedman said. "Regardless of how anybody feels about the law, it is the law. We do feel a certain obligation to enforce it."

Motor vehicle accident at Ellicott and Cedar

By Billie Owens

A motor vehicle accident, in which one person suffered a wrist injury, is reported at the juncture of Ellicott and Cedar streets. City fire and BLS have responded.

Masked man kicks in door, pushes woman down, flees

By Billie Owens

City police are hunting for a man who reportedly kicked in the door of a residence, entered and pushed a woman down, then fled the scene.

It happened in the area of Park and State streets. He left via the rear yard, toward Bank Street, possibly to a wooded area nearby.

The intruder is described as a white male wearing a dark mask, gray gloves, a black T-shirt and blue jeans. He's about 5'8'' to 5'10" tall.

Detectives have been called to the scene and a K-9 unit is also requested.

UPDATE (2:46 p.m.): The location of the incident is 142 State St. The suspect is believed to have fled to a heavily wooded area between State and Bank streets, where residents say old greenhouses used to be. There is a Mancuso properties for-sale sign in front of the property. Police are setting up a parameter to search within.

UPDATE (3:05 p.m.): The police are asking anyone who sees a person fitting the suspect's description to immediately call 9-1-1.

UPDATE (3:15 p.m.): The victim, Angela, told police she left to take her dog on a walk and when she returned, a man came running out of her house, apparently knocking her down in the process. He was carrying a duffle bag. When she entered her house, the only item she found missing was her X Box 360.

She also told police that she slept upstairs on the couch last night and had the curtains closed. She noticed when she came home from walking the dog that the curtains were open. She says she thinks this may indicate the intruder knew her and was looking out the window for her return.

Between state, city and Sheriff's personnel, there are at least a dozen law enforcement units on scene.

UPDATE (3:33 p.m.): Dispatchers say a suspect matching the description, and carrying a ski mask, has been spotted near Elsworth and Summit streets.

UPDATE (3:36 p.m.): The person spotted near Elsworth and Summit is apparently not the suspect. He was carrying a knit beanie cap, but not a duffle bag or anything else. The search continues.

UPDATE (4:28 p.m.): The search has been called off and law enforcement units are back in service. The suspect remains at large. Detectives are staying in the area to process the scene.

UPDATE (4:52 p.m.): A possible suspect is reportedly walking "soaking wet" at around 16 Bank St. He was spotted on Tracy, crossed Washington, now on Bank.

UPDATE (4:56 p.m.): False alarm -- the guy on Bank is not the suspect, according to police.


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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