The case of Chris Charvella, accused of placing an unwanted phone call to Legislator Jay Grasso, is moving back to Genesee County Court with a request that Judge Robert C. Noonan reassign the case again.

Previously, the case was moved from Le Roy Town Court to Town of Batavia because both judges in Le Roy had conflicts of interest.

Charvella's attorney, E. Robert Fussell, told Town of Batavia Justice Michael Cleveland that he and the District Attorney's Office agreed the case should be heard by a judge who is an attorney.

Cleveland is not an attorney.

Justice Tom Williams in Town of Batavia Court is an attorney.

Cleveland said that when the case was moved to Batavia, he and Williams discussed the case and decided that Cleveland would hear the case. Cleveland did not explain why they reached that decision.

Fussell will submit an application to Noonan to have the case reassigned to another town court, such as Stafford, where an attorney sits on the bench. Yet Stafford does not have two judges with a legal degree. The case could still wind up before a non-attorney judge.

The case needs to be heard by a judge who is an attorney, Fussell said, because of the Constitutional issues involved in the case.

Charvella is charged with harassment, 2nd, under the provision of the law that prohibits phone calls for no legitimate purpose.

After some back-and-forth between Charvella and Grasso prior to the last election -- in which Charvella reportedly wrote that he would shove some campaign signs up some people's rear ends -- Charvella called Grasso's house and said, "Thanks for reading my blog."

Grasso, who represents Le Roy, contacted State Police and had Charvella arrested on the harassment, 2nd, charge.

For previous coverage, click here.

Sen. Mike Ranzenhofer is once again supporting legislation that would prohibit staff members of public authorities -- such as the Power Authority and the Genesee Economic Development Center -- from receiving bonus payments as part of their compensation.

Ranzenhofer said he plans to support legislation introduced again this session by Sen. George D. Maziarz that would ban the sort of bonus payments that recently came under scrutiny by the Authorities Budget Office.

"In the private sector, such bonuses may be appropriate," Ranzenhofer said, "but in the public sector it is not appropriate. The more appropriate way to do things is if someone is doing a good job, then you want to adjust their salary. If they're doing a poor job, then you adjust their salary."

GCEDC's board, according to the ABO report, has paid out more than $344,000 in bonuses to employees since 2004.

Jim Vincent, vice chairman of the GCEDC board of directors, insisted after the report came out that the board "has done nothing wrong." He said employee compensation has been based on performance and within legal guidelines.

Ranzenhofer said he has no issue with the job GCEDC has done and believes the agency has created jobs and done a good job representing Genesee County, he just thinks staff members shouldn't receive bonuses.

Also, at a reader request, we confirmed today that GCEDC staff are eligible to participation in the New York State retirement system. We have a request into GCEDC for details on contributions for employees but have no response yet.

County Manager Jay Gsell said employee payments for the pension fund come from GCEDC independent revenues and not from the county contribution to GCEDC. He said the county's contribution covers 42 percent of base wages for agency personnel.

Previously:

• State report blasts compensation practices of GCEDC
• ABO report on GCEDC neither fair nor accurate, officials say
• GCEDC releases consultant's salary survey

Ronald A. Smith is indicted on charges of failure to register change of address and three counts of sexual abuse, 1st. Smith is a convicted sex offender and registered at an address on Thorpe Street and on or about Oct. 31 allegedly failed to registered a change of address. Count two of the indictment accuses Smith of holding a victim less than 11 years old in his arms and subjecting the victim to sexual contact at the Thorpe Street address some time between Oct. 28 and Jan. 7. Counts three and four are similar. (Previous Report)

Jacob C. Gerevics is indicted on a charge of criminal possession of marijuana. On Oct. 19, at 446 Broadway Road, #5, Darien, Gerevics was allegedly found in possession of more than 16 ounces of "one or more preparations, compounds, mixtures or substances containing marijuana."

William A. Andrews is indicted on a charge of criminal contempt, 1st. On Dec. 9, in violation of an order of protection, Andrews is accused of stating to a protected party "I'll make you a bloody mess!" and "I'll stab you and burn you all!"

Damion Michael Frye, 35, of 3662 Route 19 South, Warsaw, is charged with resisting arrest, escape and trespass. Fry is accused of refusing to leave The Eagle Hotel after being asked to do so by security. Le Roy Police responded and officers Robert Tygart and Emily Clark reportedly approached Frye and he was reportedly given several opportunities to leave. When he allegedly refused, he was placed under arrest. Frye allegedly refused to cooperate with the officers and struggled when they tried to place him into custody. Deputies from the Sheriff's Office responded to assist. Frye was Tasered by Deputy Frank Bordonaro. There was then a short foot pursuit before Frye was taken into custody. Frye was jailed on $5,000 bail.

Kenyada R. Peterkin, 29, of 323 Saxton St., Rochester, is charged with menacing, 3rd, criminal mischief, 4th, and endangering the welfare of a child. Peterkin is accused of going to the residence of a woman whom he knows at 5:30 p.m., Friday, and damaging her personal property. He also allegedly threatened the woman there with heated cooking oil. A child present at the time.

Robert L. Williams Jr., 20, of 337 Ellicott St., Batavia, is charged with disorderly conduct and resisting arrest. Williams was allegedly involved in a disturbance in the parking lot of Days Inn, 200 Oak St., Batavia. He was reportedly advised to leave and refused, shouting obscenities. When Officers Darryl Streeter and Eric Bolles attempted to arrest Williams, he allegedly struggled with officers.

Cody Lee Niccloy, 19, of Summit Street, Le Roy, is chargd with DWI, driving with a BAC of .18 or greater, moving from lane unsafely and speed not reasonable for conditions. Niccloy was involved in a property damage accident at 2:47 a.m., Friday, at 7982 Byron Road, Stafford. Upon investigation by Deputy Eric Seppala, Niccloy was allegedly found to be intoxicated.

A 17-year-old resident of Route 237, Byron is charged with petit larceny. She is accused of stealing an iPod Touch from the locker room at Le Roy High School.

Chantel M. Garrett, 18, of Batavia-Stafford Townline Road, is charged with harassment, 2nd. Garrett is accused of punching another student in the face while in a dorm room at College Village.

Kevin John Milbrand, 46, of South Lake Road, Pembroke, is charged with harassment, 2nd. Milbrand was allegedly involved in a fight with another Pembroke resident.

Jeannie M. Mobley, 35, of 10 Hall St., Batavia, is charged with DWAI, aggravated unlicensed operation, 2nd, and unsafe backing. Mobley is accused of backing into another at car at 5:48 p.m., Sunday, near the Clinton Street entrance of Eastown Plaza.

While the current temperature in Batavia is hovering around zero, it is expected to warm to a balmy 20 degrees later today.

Meanwhile, City Fire Chief Jim Maxwell sent along these cold weather safety tips.

With the temperatures dipping to lows not seen for the past several years, a few simple reminders on cold weather safety may be in order:

Cold weather can be hazardous, so take steps to dress properly if you are venturing outside. The American Red Cross issued these reminders:

• Limit your time outside, dress in layers, wear gloves or mittens, and wear a hat that covers your ears. Wear waterproof boots and keep your clothes dry.
• Do not leave pets outside for extended periods.
• Check on vulnerable neighbors, especially elderly people living alone, people with disabilities and others who may require special assistance.
• If using a space heater, don't overload electrical outlets and keep the heater at least 3 feet from materials such as curtains, furniture and bedding. Never leave space heaters unattended.
• Never leave a fire burning unattended in a fireplace. Be sure the chimney is regularly cleaned and inspected.
• If your furnace vents through walls rather than the chimney, make sure the air intake and exhaust are not blocked by snow. Blocked vents can cause carbon monoxide to build up inside the home.
• Check on pipes that may be prone to freezing. If sink pipes run through enclosed cabinets, try opening the cabinet doors to let warm air circulate around pipes. A slow trickle of water in pipes helps reduce the risk of freezing. Consider wrapping pipes that are exposed to the cold.
• Keep your car's gas tank full, which will help prevent the fuel line from freezing.

The following is an Extreme Cold Safety pamphlet from the U.S. Department of Health and Human Services Centers for Disease Control and Prevention.

http://emergency.cdc.gov/disasters/winter/pdf/cold_guide.pdf

Car Safety Tips: http://emergency.cdc.gov/disasters/winter/beforestorm/preparecar.asp

Be sure to have, at a minimum, one functioning Smoke Alarm and one Carbon Monoxide Detector.

You Can Prevent Carbon Monoxide Exposure:

• Do have your heating system, water heater and any other gas, oil or coal burning appliances serviced by a qualified technician every year.
• Do install a battery-operated CO detector in your home and check or replace the battery when you change the time on your clocks each spring and fall. If the detector sounds, leave your home immediately and call 9-1-1.
• Do seek prompt medical attention if you suspect CO poisoning and are feeling dizzy, light-headed or nauseous.
• Don't use a generator, charcoal grill, camp stove, or other gasoline- or charcoal-burning device inside your home, basement, garage or near a window.
• Don't run a car or truck inside a garage attached to your house, even if you leave the door open.
• Don't burn anything in a stove or fireplace that isn't vented.
• Don't heat your house with a gas oven.

Weather may be the cause of a power outage along Dodgeson Road, Alexander, that has left 67 National Grid customers without power.

Main power lines that span as much as a five-pole distance came down, probably related to the cold weather.

The poles remain standing.

National Grid estimates that power will be restored by 10:15 a.m.

UPDATE 11:44: Power is still out. National Grid reports it is "assessing the situation." No ETA on repairs.

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This is the temperature reading from my truck when I returned home from the office at 8:45 p.m.

This is the first time in the four years that I've owned the truck that I've seen a negative reading.

Tomorrow, the anticipated high is 20 with a 60 percent chance of snow in the afternoon and 80 percent chance at night.

A caller has reported seeing smoke coming from the roof of Le Roy Central School, 2 Trigon Park.

Le Roy Fire and Bergen Fire responding.

UPDATE 9:26 p.m.: Bergen requested to standby in quarters. Chief on scene says "nothing showing."

UPDATE 9:28 p.m.: Bergen standing down. Le Roy being held to tanker and ladder truck responding.

UPDATE 9:31: Le Roy back in service. "Normal operation from exhaust system."

A car accident is reported at Ellicott Street Road and Telephone Road in Texaco Town. There are no injuries, but it is blocking the roadway.

Pavilion Fire Department is responding.

A car has struck a tree at 10708 Alexander Road, in the area of the Alexander Fire Recreation Hall.

The driver has a head injury according to State Police on scene.

Alexander Fire Department and Mercy EMS are responding.

UPDATE 12:10 p.m.: The injury is minor and medics are told to come in non-emergency mode.

A car is on its side in a ditch in the area of 9208 Sheppard Road, Batavia.

If there are injuries, they are minor.

Town of Batavia Fire and Mercy EMS responding.

The vehicle is in about a 15-foot hole with "somewhat tricky access for the tow," reports a chief.

A chief responding roads are icy and slick at the intersections of Cedar and Main, and Cedar and Ellicott.

There have been a couple of vehicles off the road in various parts of the county, this morning, including a truck that jackknifed in conjunction with a three-car accident at routes 19 and 20 about 6 a.m.

Currently, there is a light snow falling that is expected to last a good bit of the day. It's about 8 degrees and windchill is -5 degrees. Tonight, temperatures are expected to drop to -4.

UPDATE 9:35 a.m.: Town of Batavia Fire cleared. Law enforcement is shutting down Sheppard in both directions so tow truck can position itself to get good traction.

UPDATE  10:03 a.m.: Sheppard is opened.

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Genesee Cancer Assistance held one of its biggest annual fundraisers this evening at Batavia Downs. It featured a full buffet-style dinner, hosted bar, basket raffles, auction and music from The Trolls.

Above, John Gerace, his wife Rhonda and children Taylor, 16, and Jackson, 13. John, a member of Rotary, is the son of Joe Gerace, one of the founders Genesee Cancer Assistance and also a member of Rotary. Rhonda, too, is a member of Rotary (There, that should be worth some fines.)

Local author Thomas Talbot, whose new novel "The Craft" is based on the disappearance of William Morgan, was at Present Tense today signing copies of his book.

A one-car rollover accident is reported at 6723 Clinton Street Road in Stafford.

The driver is still inside, but conscious and moving.

Stafford Fire Department and Mercy EMS are responding.

The location is between Waterman and Coward roads.

UPDATE 1:11 p.m.: Responders on scene say the driver has minor injuries and that no extrication is needed.

UPDATE 1:20 p.m.: The driver is out of the vehicle. A flatbed tow truck from Bethany is responding.

Scratch Bakery, 24 Main St. Le Roy, NY: A real bakery right in Genesee County. Scones, cookies, cakes, breads, rolls and more. Call ahead, 297-2441, for availability or special orders. We have $10 gift certificates for $5.

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.

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.

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.

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.

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.

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.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for three weeks of yoga, 3 classes, a $30 value, for $15.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; new all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have $20 gift certificates 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.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

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.

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

SOLD OUT

A Batavia man is facing 42 counts of criminal possession of a forged instrument after members of the Local Drug Enforcement Task Force searched his residence on Spencer Court and allegedly found forged U.S. currency with a face value of $940.

Taken into custody and jailed with no bail is Lendle R. Tucker, 28.

Also seized on Friday were Tucker's computer and printers.

He was also allegedly found in possession of marijuana, and so charged with one count of unlawful possession of marijuana.

The arrest of Lendle reportedly follows an investigation by the task force into the production and possession of forged U.S currency.

Lendle was allegedly found in possession of forged currency in various denominations.

The investigation is continuing and further arrests are possible.

Assisting in the investigation were Le Roy Police, Batavia Police, the District Attorney's Office and Orleans County Major Crimes Task Force.

A Bergen man has been arrested by the Local Drug Enforcement Task Force and accused of possessing $1,000 in drugs and nearly $1,000 in cash.

Lucien J. Marks, 31, of South Lake Road, was taken into custody following the execution of a search warrant at his residence.

He was charged with two counts of criminal possession of a controlled substance, 3rd, one count of criminal possession of a controlled substance, 7th, and one count of unlawful possession of marijuana

Investigators say they found more than a half ounce of cocaine, a quantity of pills, marijuana and $924 in cash.

The task force is comprised of members of the Sheriff's Office, Batavia Police and Le Roy Police.

The execution of the warrant was the culmination of a month-long investigation.

Marks was jailed on $25,000 bail.

A Batavia man was arrested in Oakfield on Jan. 14 after allegedly being found in possession of a shotgun with its serial numbers removed.

A Sheriff's Office press release accuses Jeffery T. Peyman, 21, of Ellicott Street, of possessing a shotgun with its serial numbers obscured with the intent of concealing the gun's identity.

Peyman was charged with criminal possession of a weapon, 3rd. He was located on Pearl Street Road in Oakfield allegedly in possession of the shotgun.

The arrest was made by the Local Drug Enforcement Task Force.

Peyman was arraigned and jailed on $5,000 bail.

A chimney fire has been reported at 2225 Bennett Road, Alexander.

The location is just east of Simmons Road.

Darien Fire, all equipment, with one tanker from Alexander and one from Corfu, requested to the scene.

Mercy EMS also dispatched.

UPDATE 4:34 p.m.: Chief on scene says, "no smoke showing."

UPDATE 4:37 p.m.: Fire appears out. A thermal camera is requested.
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