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Fire on propane truck reported on Thruway

By Howard B. Owens

Either a tire or brakes on a propane truck on the Thruway near mile marker 401 has caught fire.

The explosion occurred shortly after the first call to Pembroke Fire Department went out.

UPDATE 7:54 a.m.: Fire is knocked down. Another Pembroke and Indian Falls unit requested to the scene for traffic control.

UPDATE 8:09 a.m.: The fire is under control and crews are cooling down the truck. Now there is a report of a motor-vehicle accident just west of the fire scene in the eastbound lane. There are no apparent injuries.

UPDATE 8:15 a.m.: Mercy EMS requested to the scene to evaluate a driver. There was heavy interior damage to the car and air-bag deployment. The car rear-ended a tractor-trailer.

Possible chimney fire on North Bergen Road

By Billie Owens

A chimney fire is reported at a structure located at 6719 North Bergen Road.

Byron, South Byron and Bergen fire departments are called to the scene. Elba Fire Department is told to stand in at Bergen's headquarters.

A firefighter on scene says no flames are showing. Units told to respond nonemergency.

UPDATE 6:10 p.m.: Using a thermal imaging camera and evaluating the situation, the fire chief says he's found "nothing over 100 degrees from the chimney up through the roofline."

UPDATE 6:19 p.m.: Fire units are being returned to service.


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15-year-old runaway boy found safe

By Billie Owens

From Detective Richard Schauf:

The Batavia Police Department thanks the public for assistance in finding a 15-year-old runaway.

Nathaniel Davis was located on Thursday afternoon in the City of Batavia.

The server change

By Howard B. Owens

On Friday night we started the migration to a new host server for The Batavian. We thought it would be a one-night job.

Our new IT support guy -- Nick, of Batavia -- put the site in "read only mode" and began transferring the database to the new server.

But we've published so much content over the past two and a half years years that the transfer ended up stretching well into Saturday.

Around 7 a.m., today, everything seemed set to flip the switch on the domain name and start pointing traffic to the new location.

Then we had some technical bug.

Things have seemed to settle down, but it will take a couple of days to get everything back to normal. Primarily, search isn't working yet and in posts pictures may not be appearing yet.

If you're seeing this post, you are seeing the new server. Everything should be fine.

There's no effective way to communicate this to people not seeing this post, but I'll put it out there anyway. If you're not seeing the new site, try restarting your computer. If that doesn't work, your Internet Service Provider just hasn't caught up with the change yet.  That can take some service providers as much as 48 hours to catch up.

Why the move: We anticipate a performance improvement. I feel like I'm already seeing it, though the server is still working pretty hard indexing the database and such. 

The simplest way to explain why we anticipate an improvement: When you have a site on a server that shares the server with other Web sites (a common type of commercial hosting environment), there is software that acts like a traffic cop and says, "OK, it's your turn to get this site, now it's your turn to go here, and now it's your turn to get this one."

This should happen very fast but, after we hired Nick to take over IT duties, he discovered that the type of software our previous host used had been shown to perform about four times slower than other options, so we decided in order to improve performance, we should change hosts.

Like I said, I feel like I'm already seeing better initial load times, so here's to hoping all of the frustration of the past 24 hours or so have been worth the change for all of us.

Welcome!

By Howard Owens

Welcome to The Batavian on the new server!

Level 3 offender pleads not guilty to new abuse charges

By Howard B. Owens

A Level 3 sex offender accused of committing similar offenses within months of his release from custody entered not guilty pleas in Genesee County Court today to the four counts against him.

Ronald A. Smith, 18, of 679 E. Main St., is charged with failure to register a change of address and three counts of sexual abuses, 1st.

Smith was allegedly living on Thorpe Street when he allegedly sexually abused at least one child. When he moved from Thorpe, he allegedly did not notify police of his correct address.

Smith is being held on $25,000 bail.

Public Defender Jerry Ader will have 45 days to prepare and make motions in the case.

Police Beat: Darien man charged with 39 counts of criminal contempt

By Howard B. Owens

Paul Douglas Marquardt, 38, of Chick Road, Darien, charged with 39 counts of criminal contempt, 2nd. Marquardt is accused of having contact with a person he was barred by court order from contacting. He was jailed on $10,000 bail.

Michael Jason Sullivan, 39, of Hosmer Road, Churchville, is charged with petit larceny. Sullivan was stopped by Gates Police, who discovered there was an active warrant for Sullivan's arrest in Genesee County. Sullivan is accused of stealing scrap metal from Demo's, Clinton Street Road, Bergen.

Matthew Roy Ace, 24, of Vine Street, Batavia, is charged with aggravated unlicensed operation, 3rd. Ace was taken into custody by Batavia Police on a bench warrant and turned over to the Sheriff's Office. Ace was jailed on $100 bail.

Today's Deal: Settler's, Delavan's, Margarita's, Center Street

By Howard B. Owens

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.

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.

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.

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.

Red Osier, Route 5, Stafford, NY: Truly, one of the landmark restaurants of the area. Red Osier features prime rib carved table side. We have $25 gift certificates 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 Feb. 28, 2011).

Batavia Downs Grandstand Bar & Grille, 8315 Park Road, Batavia, NY: A full menu, salad bar and drinks in one of the region's most popular entertainment venues. We have $25 gift certificates for $12.50. (Must be new or current Players Club member to redeem.)

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

SOLD OUT

One-car rollover blocking eastbound Route 20 in Bethany

By Howard B. Owens

A one-car rollover accident is blocking the eastbound lane of Route 20 in the area of 4471 Broadway Road, Bethany.

There are no reported injuries.

Bethany Fire and Alexander Fire Police are responding.

UPDATE 6:40 a.m.: Traffic is being directed around the accident.


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Attorney previously arrested at GCC returns to gym for Monroe CC game

By Howard B. Owens

John Parrinello, the Monroe County attorney who was kicked out of a basketball game at Genesee Community College on Dec. 12, was back at the scene of the alleged crime Thursday night.

Parrinello who reportedly has a long history of supporting women's basketball at Monroe Community College, and who has a son who now coaches the team, was in the stands just prior to the start of a game between MCC and GCC.

A school official said until Parrinello is allowed on campus pending the outcome of the legal case that led to his arrest.

The MCC district trustee was originally charged with criminal trespass, 3rd, for allegedly refusing to leave the gym after reportedly mouthing off to a ref during an MCC game. 

The charges against Parrinello were reduced this week to a violation of trespass and two counts of disorderly conduct.

After his appearance in Batavia Town Court where he entered a not guilty plea, Parrinello said, "I'm presumed to be innocent. They have to prove me guilty beyond a reasonable doubt, which they'll never do."

For previous coverage, click here.

Teen nightclub plan hits a snag

By Howard B. Owens

A plan to open a teen nightclub on East Main Street, Batavia, has hit a snag.

Tim Walton and Mike Marchese Jr., who planned to partner on Impulz Teen Nightclub, discovered through the planning process that their selection location requires a sprinkler system for the planned use.

The building is 7,350 sq. ft. and because the maximum capacity for the building is more than 100 persons, code requires a sprinkler system.

Not just any plumber can install it, said Walton. The cost could top $50,000.

"Right now we got a price and it's looking like it's gonna cost an additional $50,000," Walton said.

The partners are going to look into getting a price for a dry sprinkler system and see what the pricing and regulations would be on that.

"If the price can't drop any lower, then I would have to go back and refigure some numbers. Those numbers would have us into this well over $100,000 and I would have to be sure it would workout."

Walton and Marchese aren't ruling out opening the club, even at the original planned location at 624 E. Main St., but feel that current circumstances will make it difficult.

"If it's meant to happen it will play out." Walton said. "If not, then there will be other opportunities."

Demolition of Wiss Hotel may be more costly than first reported

By Howard B. Owens

Demolishing the vacant and ramshackle Wiss Hotel in Le Roy Village could cost at least twice as much as the Genesee County Legislature discussed Wednesday night before voting to forgive tax liens on the property.

A local real estate investor -- who asked not to be identified -- said he looked at the property one time and had a Rochester-based demolition company give an estimate on taking down the building. The low-end best guess was $175,000.

The investor said that's the price for tearing it down without an asbestos inspection and hauling the material to a dump that would accept potentially contaminated material.

If it could be confirmed before demolition that there's no asbestos present, tearing the structure down and disposing of the material could be cheaper. But an asbestos inspection costs $35,000.

If an inspection was done, he said, and asbestos was found, then the demolition price would climb beyond $175,000, perhaps beyond $225,000.

And that's before dealing with any potential contamination from the former NAPA location next door on Route 19.

It's a great location, he said, but realistically, any investor would need both properties to make it a suitable space for modern retail. The potential expense of buying and leveling both properties so a new business could be built, would eat up most potential profits -- even if the hotel parcel was bought for the price of the tax liens.

With the county washing its hands of the property, it becomes the problem of either the village or property owner.

Gene Sinclair, Le Roy code enforcement officer, said he isn't sure what the village will do. In early 2010, the village started down the path of declaring it an unsafe building, but backed off when it became clear what the potential demolition costs would be.

The investor said the interior of the building is in pretty bad shape and gives anybody who looks at it a pretty clear idea that the building needs to come down.

"I'd hate to wake up some morning and read that the building has fallen down with a couple of people buried under it," he said.

Members of the County Legislature weigh in on GCEDC and ABO report

By Howard B. Owens

After the initial two stories about the Authorities Budget Office report on the Genesee County Economic Development Center's compensation practices, some readers wanted to know what local legislators thought of the issue.

In the second story, we had comments from Chairwoman Mary Pat Hancock and Legislator Hollis Upson, who also sits on the GCEDC board. Below are responses from the other seven members of the Genesee County Legislature.

Raymond F. Cianfrini
District No. 1
Towns of Alabama and Oakfield

Legislator Cianfrini said he was disturbed by the ABO report.

"In terms of oversight, I was not aware until I read the report of the way in which they allocate resources for salaries and bonuses," Cianfrini said.

He said he doesn't believe public employees should receive bonuses, but acknowledged there is some question as to whether GCEDC employees are truly public employees.

"As for the size of the pay, should Genesee County have the highest paid director of an EDC -- should we be 'leader of the pack'? I'm not sure I have a full handle on how the GCEDC board has justified paying these kind of salaries."

In terms of oversight, he said he would like to see the legislature review the GCEDC's budget to ensure the county portion of its revenue is being spent appropriately.

"I wonder if our portion of the budget is being used wisely and whether any portion is funding bonuses," Cianfrini added.

He does believe GCEDC has done some good projects for the county and he's a big supporter of GCEDC's efforts to move the STAMP project forward in Alabama, which is part of his district.

"It's an important project that needs to be developed," Cianfrini said. "GCEDC took the initiative to keep the ball rolling and for that. I'm grateful and want to see it continue."

Robert J. Bausch
District No. 2
Towns of Elba, Byron and Bergen

Legislator Bausch said he's supportive of the GCEDC and believes the agency has helped improve Genesee County's economy and wants to see its work continue.

"Having been a lifelong resident of Genesee County, I know one of the major complaints over years and years and years, is that we weren't doing enough to support industrial development, bringing jobs into the county and so forth," Bausch said.

"When John Dwyer took over as head (of economic development) and really got that organization going, we finally started to see some results and I think Steve (Hyde, current CEO) has done an excellent job of following his lead."

As for the compensation issue, Bausch said that's a matter for the GCEDC board to decide.

"I know most of the members," Bausch said. "They are hard-nosed businessmen, so I've got to trust their judgment."

He said that a recent state report on the Genesee County Animal Shelter, knocking the conditions there, and the ABO report knocking the GCEDC board, "tell you about all you need to know about the state of New York State."

"Here's one place getting a negative audit because it is trying to be successful and here's another about a place trying to keep costs down by using volunteers, but they get complaints because it isn't exactly perfect," Bausch said.

As for legislature oversight, Bausch said the legislature has a liaison on the GCEDC board and he doesn't see any need for more oversight than that.

Annie M. Lawrence
District No. 3
Towns of Pembroke and Darien

Legislator Lawrence said she's satisfied with the current level of oversight the legislature provides the GCEDC board. How they compensate staff is really up to the board, she said.

"That goes back to micromanaging," Lawrence said. "I think we have qualified individuals who sit on that board. They know better than we do the day-to-day goings on. I trust these individuals to do their job."

As for the ABO report, she said it was long and involved and it's possible that the bonuses should have been handled differently, but ...

"The thing is, in Genesee County we have had a lot of wins with GCEDC and a lot of positive things have happened as a result," Lawrence said. "We’ve had those jobs created. We’ve helped existing businesses and we’ve helped new businesses.

"Through this downturn, yes, our unemployment has been high, but it could have been higher if we didn't have the projects we had."

Jerome J. Grasso
District No. 5
Town of LeRoy

Legislator Grasso said when he first read the ABO report, he found it pretty stunning.

"You read it and the language it uses kind of takes your breath away in the fact that it's so negative," Grasso said. "But then you look at what Harris Beech (GCEDC's law firm) put out and realize it's all just opinion."

Before the legislature takes a position on the report, however, Grasso said members should wait for things to settle down and then try to get more information and see what's really going on.

"I think we should have the full truth," Grasso said. "We need transparency. I'd like to wait and get the full picture."

However, he does believe GCEDC fully cooperated the the ABO investigators and maybe not all of the information has been released.

"I don't think the GCEDC has attempted to hide anything," Grasso said. "When the ABO people came in, whenever they asked for anything, they got it. I don't think there was an attempt to not be transparent with the auditors."

As for legislative oversight, Grasso thinks the legislature does have the power to make changes if they don't like what they see going on with the GCEDC. He said either board appointments could be changed or the county's portion of the budget could be withheld.

Esther Leadley
District No. 6
Towns of Alexander, Bethany and Pavilion

The GCEDC has Legislator Leadley's full support.

She called the ABO report one-sided and singled out the Batavia Daily News and The Batavian for providing only one-sided coverage of the issue.

"I think the GCEDC has done an excellent job in bringing companies here to Genesee County," Leadley said. "The bonus money was not taxpayer money. I'm convinced of that."

As for oversight, she said the legislature provides a good deal of oversight -- between Upson's position on the board, Hyde regularly appearing before the Ways and Means Committee and the various other reports the legislature gets from GCEDC throughout the year.

Robert J. Radley
District No. 7, Wards 1 and 6
City of Batavia

Legislator Radley, an engineer and planner by trade, said he approaches GCEDC as a business issue.

"I have five business development people working for me from Maine to North Carolina and I look at this from a business development perspective," Radley said. "First, it's typical in business development to pay salary plus bonuses. But putting that aside, I don't see how a report can look at someone's salary without looking at the results.

"If our director has a salary that is twice, say, of Erie County, but he's bringing in four times the revenue, then he's worth the money. To me, to do this right, somebody has to say we're going to compare salaries and we're going to compare results. Then you have a meaningful comparison."

As for legislative oversight, Radley said it pretty much ends at appointing the right people to the GCEDC board.

"It's incumbent upon us to appoint a board with the right qualifications, the experience and the expertise to direct that agency," Radley said. "I don't think it's incumbent upon us to get down into the nitty-gritty."

Edward DeJaneiro Jr., 2nd Vice Chair
District No. 9, Wards 4 and 5
City of Batavia

According to Legislator DeJaneiro, the GCEDC could maybe use some additional legislative oversight, but it's important to remember how vital economic development is to the county.

"We want to keep in mind that GCEDC is one of the few tools we have to concentrate on bringing in new business and making it easy for new business to come into the county," DeJaneiro said. "I don't think we want to throw the baby out with the bathwater. We need to make sure that their bonuses and compensation are in line with what we expect for our community, though."

While the legislature has only limited oversight of the GCEDC, he said he would like to keep a close eye on them.

He said he was rather surprised by the level of compensation staff was getting.

"I want to know what they’re doing, because I think it’s out of the ordinary to give those kinds of wages and bonuses that are so out of line with the rest of the community."

Two-car accident, Main and Bank

By Howard B. Owens

Police, Fire and Mercy EMS are on scene of a two-car accident at the corner of Main and Bank streets, downtown Batavia.

Traffic is backing up in the westbound lanes of Main Street.

Hancock issues call for mandate relief in State of County speech

By Howard B. Owens

In a 40-minute long State of the County address, Genesee County Legislature Chairwoman Mary Pat Hancock made sure she had something good to say about every department in county government, but saved the true crux of the problems facing local government until the end of her speech.

In a nutshell, the county is being crushed by mandates.

"It is a fact that these nine state mandates consume 90 percent of the statewide county property tax levy," Handock said. "No amount of public outcry can impact a local budget that is already 'spent by Albany.' Action and change must come before they spend all of your money."

Medicaid, Hancock noted, costs counties across the state only $115 million in 1966. Now, the local share is $7 billion and the total NYS bill is $53 billion.

"That's more than $1 billion a week and it is certainly a good part of the reason the state's budget is broken," Hancock said.

Other state mandates mentioned by Hancock: public assistance/safety net program; child welfare protection/prevention; special education pre-K; indigent defense; probation; early intervention; youth detention; and the pension system.

"Each of these basically good programs could be improved and become more efficient and cost effective by making some obvious changes," Hancock said. "Refocusing upon the initial intent of the program, redesigning the delivery of services, following the recommendations of statewide task forces who have studied the concerns, and eliminating the trend to simply pass on excessive costs of state programs to the counties instead of reforming those programs."

Hancock said that calls to cap property taxes don't go far enough.

"Slowing and capping the growth of property taxes only insures that New York State retains its position as the state with the highest property taxes in the country," Hancock said.

For the complete text of Hancock's State of the County speech, click here.

County decides not to take on risk of foreclosing on a property in Le Roy

By Howard B. Owens

The owner of the former Wiss Hotel at 80 Main St., Village of Le Roy, will get to keep the property, despite owing thousands of dollars in back taxes.

The property was headed for the county's March foreclosure auction, but the Genesee County Legislature cast a unanimous vote Wednesday night saying essentially, "we don't want it."

The building, owned by New Jersey resident Emily Pangrazio, is in such a state of disrepair, county officials said, the only thing to do with it is tear it down, which would cost more than $100,000.

The county could not take title without taking responsibility for the building's disrepair, even just to auction it off later.

There's also concern that a former gas station next door could have leached contaminants onto the property, creating a potentially costly clean-up requirement.

If the county became part of the chain of title for even one day, county taxpayers could wind up footing the bill for any environmental impacts.

By voting to cancel the tax lien, the property -- with numerous alleged code violations -- becomes an issue for the owner and the village to deal with.

Several people have noted that a couple of weeks ago, crews were inside the former hotel removing fixtures and other items, basically stripping the building of salvageable items, according to witnesses.

Sheriff's Office looking for larceny suspects who may have ties to the area

By Howard B. Owens

The Sheriff's Office is looking for help in identifying a larceny suspect who may have ties to Genesee County. Further details about the alleged crimes and suspects are not available for release.

The alleged crimes occurred in another jurisdiction.

Anybody with information to share should contact Deputy Chris Parker at 585-345-3000, ext. 3249.

Elba resident accused of possessing crack cocaine

By Howard B. Owens

The Local Drug Enforcement Task Force has  arrested an Elba resident who was stopped by a Sheriff's patrol in November and allegedly found in possession of a quantity of crack cocaine with the intention to sell.

Taken into custody Tuesday was Mark C. Gregori, 49, of Oak Orchard Road, Elba.

He is charged with one count of criminal possession of a controlled substance, 3rd.

Gregori was jailed on $10,000 bail.

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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