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Ram rams into house in Bergen

By Billie Owens

A rambunctious ram is reported to have rammed its way through a door and into a house at 6826 Pocock Road in Bergen. It was said to be thrashing about wildly.

When first reported about 20 minutes ago, officers said the residents "were trying to get it out as we speak."

Apparently someone was successful, since it is now outside the residence and Sheriff's Deputies are endeavoring to corral the ram.

Someone possibly suffered a leg injury during the commotion.

The house is said to be among a small group of homes at that address and it is the "southernmost house with an attached garage."

Minor injury accident in Bergen

By Billie Owens

A minor-injury, hit-and-run accident is reported on Dublin Road, about a mile east of West Bergen Road.

Bergen fire and State Police are on scene. Medics are also called.

The vehicle on scene is totaled. The other, an "F-150 type" Ford pickup, probably has substantial damage. It was last seen headed eastbound on Dublin Road. It is said to be dark colored.

Police looking for red pickup allegedly involved in hit-and-run on South Main, Batavia

By Howard B. Owens

Attica PD has been notified of a suspected hit-and-run driver heading South on Route 98 after allegedly hitting a parked car at 7 South Main St., Batavia.

The suspect truck is a red 2004 Ford F-150.

A Batavia Police officer said the same vehicle was suspected of erratic operation yesterday.

UPDATE 5:42 p.m.: Attica PD has the vehicle stopped in Attica.

UPDATE 5:46 p.m.: A Sheriff's Deputy is on his way to Attica to get the suspect.


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Photos: Santa makes annual visit to Oliver's Candies

By Howard B. Owens

Santa Claus passed through Batavia today, making a stop at Oliver's Candies (I've also heard that he stopped at Present Tense Books, but I didn't find that out until later).

While Santa was in the sweetshop, the Batavia Area Jaycees were outside selling hot dogs and running a petting zoo.

Besides the three pictures on this post, a couple of additional photos are available for purchase by clicking here.

Photos: School bus auction

By Howard B. Owens

First Student, Inc., a bus company on Oak Street, held an auction today. I didn't find out about it until after it was all over, but I'm told 250 old school buses were sold.

Buyers came from Kansas, Mexico and Guatemala, among other places.

Batavia Downs hosts Winter Wonderland of Arts, Crafts & Gifts

By Daniel Crofts

Alicia Lurye of AK Entertainment is happy to be hosting the "Winter Wonderland of Arts, Crafts & Gifts" this weekend at Batavia Downs Casino. She said this is the first Christmas show at the Downs for many years.

"They just haven't found anyone willing to do it," she said. "And look at the turnout."

A lot of people came to browse and buy what 40 crafters and vendors had to offer:

Tami Burbules of East Pembroke offered free samples of her bread dips. She is selling them in addition to desserts, veggie dips and other treats from Gourmet Creations.

Pam Perkins, of Small Town Girl, dazzled passersby with precious stones, different colored copper wires and glass beads.

Nearby, perfume bottles, tunics and other goods made in Egypt were on display.

Hosting this table were Mary Feola and her daughter, Staci (both pictured below). The best friend of Staci's fiancé -- who is Egyptian -- made the perfume bottles; she and her fiancé made the tunics.

Joanne Lee, of Palmyra-based Goldy's Goodies, with her jewelry and mosaic art (pictured below).

Susan Johnson, of LeRoy, promoted her homemade hot sauce, "Susi's Sauce" -- which fans promise to be "better than Frank's" -- and had free samples with pretzel sticks.

Flavors include Original Hot, Sweet Heat, Double Dog Dare, Triple Dog Dare and Hot Mess (habenero with garlic).

Pictured here is Lory Volkmar of Maple Grove Saddlery, a full-service tack shop for Western and English riders located in Pavilion.

In addition to riders' gear, they also have a gift shop as well as organic nut/peanut butters, jellies and local honey. These were on display at the craft show.

Sue Maniace and her daughter, Olivia, represented Cookie Lee Jewelry, which is a home show business. Look at all that bling!

Linda Dove, left, and Danielle Eckert handed out information on ESL Federal Credit Union, which just opened in Batavia on Nov. 1. It's at 4214 Veterans Memorial Drive.

For those of you who are interested in coming to the show later today or tomorrow, the ESL folks are also raffling off a $100 gift certificate to Alex's Place.

Bruce Kellogg (left), Pete Rickert (center) and Ed Cornbau man a table on behalf of the Conesus Lake Riders Motorcycle Club.

Sean Lamore and Sara Holman, of the Ithaca-based "Peace, Love and Rocks," made the Downs one of the many stops they take as they travel the state selling various common and lesser known types of rock.

One of the more obscure items in their eclectic collection is Shiva Lingam (pictured below), which comes from the Normada River in India.

This piece was advertised at the Bath Fitter table.

Attendees entered two separate drawings for two chances to win a free dollhouse.

Cheryl Snead showcased her signature "brings" (bracelets with rings attached) and barefoot sandals. She was there to promote Happi Feet & Happi Hands, a Rochester-based company. The proceeds of her sales help to benefit a young man she knows who will soon be going to Haiti on a mission trip.

Melissa Martin handed out information on New Directions Youth & Family Services

Shanna Carmer of Everdry Waterproofing (located in Gates) gave people information and the opportunity to enter to win a free $200 gift card for Michael's or Jo-Ann Fabrics & Crafts.

Jonathan Yawbshowed what Cheri's Gift Shop in Rochester had to offer.

Marshall Cranmer held out one of his cinnamon-scented beeswax pinecones for a customer to smell.

Cranmer came all the way from Butler, Penn., to advertise Beeswax Window Ornament's pinecones, which give off pleasant scents when the sun shines on them while hanging in the window.

"They stay strong for a good six to nine months," Cranmer said.

Phyllis Wagner from Mary Kay, with products for men and women.

Debbie Geisler, of Nanny Naturals Goat Milk Soap in Holley, holds up two of her products.

Bob and Jane Graham, of Bob and Jane's Place, in Boston, pose with their fudge samples (try the peanut butter fudge -- it's outstanding).

Independent Chocolatier Mary Pionessa, of Dove Chocolate, does home chocolate parties for a living. At the craft and gift show, she took orders for "Sweet" Christmas gift ideas under $20.

There were many other vendors' tables, too. This event is free and open to the public. It lasts until 5 this afternoon, and then from 10 a.m. until 4 p.m. tomorrow.

Town of Le Roy employee accused of taking money from public and keeping it

By Howard B. Owens

A Town of Le Roy employee working at the transfer station on Circular Hill Road is being accused of taking money from people bringing in garbage and keeping the cash for herself.

Arrested was 52-year-old Dawn Joy Mancuso, of York Road, Le Roy. She is charged with petit larceny and official misconduct.

After receiving numerous complaints about Mancuso taking money, Deputy Ron Meides, dressed in civilian clothes, began a process of dumping garbage at the transfer facility and getting his dump card punched. On the last week, when Meides was low on available punches on his dump card, Meides said Mancuso allegedly took $10 from him and never turned the cash over to the Town of Le Roy.

Meides alleges in his report that Mancuso has been regularly taking cash from transfer station patrons who did not have enough punches on their cards to drop off garbage.

Mancuso allegedly never turned any of this money over to the town.

Council will discuss what to do with eight properties foreclosed on by Batavia

By Howard B. Owens

The City of Batavia has foreclosed on eight properties for failure to pay taxes.

In a report to city council, City Manager Jason Molino is recommending that six of the residential units be auctioned off, one be turned over to Habitat for Humanity and a commercial property be offered through a request-for-proposal.

The eight properties are:

  • 507 Ellicott St., assessed value of $52,000 and back taxes of $19,225
  • 20 Franklin St., assessed value of $65,000 and back taxes of $17,131
  • 3 Manhatten Ave., assessed value of $71,000 and back taxes of $25,903
  • 48 Riverview Parkway, assessed value of $1,500 and back taxes of $572
  • 21 South Lyon St., assessed value of $53,400 and back taxes of $26,359
  • 308 Washington Ave., assessed value of $12,400 and back taxes of $5,448
  • 11-13 Raymond Ave., assessed value of $52,000 and back taxes of $20,803
  • 13-15 Jackson St., assessed value of $15,000 and back taxes of $3,411

The Riverview Parkway and Washington Avenue properties are vacant land and are zoned residential.

The property recommended for Habitat is 11-13 Raymond Ave. The property has been vacant for more than a year and has water and mold damage. Habitat identified the property as suitable for revitalization and turning over to a low-income family. The local chapter would be asked to pay the $20,803 in back taxes for the property.

As for the commercial property on Jackson Street, it is a warehouse in the alley. Molino is recommending that the city put out a request-for-proposal asking potential buyers provide a plan for the property before it is sold.

Grants used to build ice arena restrict city's options to sell it now

By Howard B. Owens

It's not that the Falleti Ice Arena can't be sold, but restrictions from the grant money used to build it create one more barrier for the city to overcome before it can jettison the facility, according to a report released by the City Manager's office.

After some preliminary discussions with state and federal officials, it appears that if the city were to sell the ice rink, any proceeds would need to be used only on other parks and recreation facilities, or to benefit low- and moderate-income residents.

And how the money is used would also need to be approved by either the federal agency or the state agency that now administers Community Development Block Grants (CDBG).

The proceeds could not be used to pay down any current debt on the facility.

The city manager's report was released to city council members on Thursday and the findings will be discussed at Monday's council conference meeting.

The report notes that before these findings are confirmed, more talks need to take place with the federal Housing and Urban Development Department and the state's Office of Community Renewal.

The arena was originally built with CDBG funds in 1978, and it came with strings attached, including specifying what the city can do with the arena.

The existing debt on the rink is $400,000 and it is being paid by the current operator.

In 2006, the city received $1.2 million in low-interest loans from the state to improve energy efficiency at city facilities, including the ice arena. The operator will pay about $25,000 this year as reimbursement for the arena's share of those improvements.

Photos: Wonderland of Trees at the Holland Land Office Museum

By Howard B. Owens

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The Holland Land Office Museum's ninth annual Wonderland of Trees opened Friday evening with a gala that included food (even a chocolate fountain), a silent auction, a chance to vote on your favorite tree and an opportunity to mingle with friends and neighbors.

About 40 local businesses and organizations participated in sponsoring trees this year, and the themes are quite creative.

The Christmas trees will be on display at HLOM through Jan. 8.

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Driver loses consciousness on Thruway, car in a ditch

By Howard B. Owens

A driver reportedly lost consciousness while on the Thruway and his car went off the roadway into a ditch.

The accident occurred in the area of mile marker 398.2.

East Pembroke Fire and Mercy EMS responding.

Car hits pedestrian on State Street in Batavia

By Billie Owens

A car is reported to have struck a pedestrian on State Street near Alva Place in the City of Batavia.

We have no further information at this time.

UPDATE 4:14 p.m.: According to Sgt. John Peck, it appears that a bicyclist was crossing Alva Place, head down, earphones on, and was struck by a car. Since bicyclists do not have the right-of-way in a crosswalk, the rider is most likely at fault. The driver said she wasn't going that fast. He just darted in front of her. The rider was transported to UMMC, complaining of pain in his leg and hip.

Police Beat: Man accused of threatening a guest in his Le Roy apartment

By Howard B. Owens

Michael Richard Mack, 24, of 72 Main St., Le Roy, is charged with two counts of menacing, 2nd, criminal possession of a weapon, 4th, and criminal mischief, 4th. Mack was arrested by Le Roy Police Officer Kyle Slocum following the report of a disturbance at Mack's residence. Mack is accused of twice threatening a guest at his apartment and damaging the victim's mobile phone. Mack was arraigned and released under supervision of Genesee Justice.

David James Dole, 28, of 610 Kennedy Road, Cheektowaga, is charged with criminal possession of stolen property. Dole is accused of attempting to use a stolen credit card at two retail locations on Veterans Memorial Drive.

Driver says he fell asleep prior to accident on Route 98

By Howard B. Owens

A driver says he fell asleep just prior to his car drifting into the northbound lane of Route 98 causing a two-car accident that sent four people to the hospital.

The accident occurred at 4:58 p.m., Thursday, on Route 98 near Railroad Avenue, Alexander.

Ian L. Prial, 20, of 52 West Ave., Attica, was cited for alleged failure to keep right. He and his passenger, David P. Bartholf Jr., 19, were taken to EMMC for treatment.

The driver of the other car, Suzanne E. Wheeler, 38, of Allegheny Road, Darien Center, said she managed to slow down a bit prior to the crash. She, along with 11-year-old Logan K. Wheeler, were taken to UMMC for treatment.

The accident was investigated by Deputy Patrick Reeves.

Today's Deals: New Today, Scratch Bakery, in Le Roy

By Howard B. Owens

New Today: 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.

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.<

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).

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.

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.

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.

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.

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

SOLD OUT

Juror in Doll's aspirin trial says proof just wasn't there to support conviction

By Howard B. Owens

At least one of the six jurors who found Scott Doll not guilty of promoting prison contraband earlier this week is pretty certain Doll did, in fact, transport a balloon of crushed aspirin into the Genesee County Jail.

The proof, however, just wasn't there, she said.

Doll was accused of bringing the aspirin into the jail in violation of law following his conviction of murder for killing Pembroke resident Joseph Benaquist. 

Corrections officers testified to finding Doll in a holding cell on May 20 covered in white powder, with white powder on a sink, the floor and the bed, along with a green balloon sitting on the bed.

The juror -- whom we agreed to identify only as Juror #2 -- called The Batavian today because she was bothered by a statement from Sheriff Gary Maha about the verdict.

"Who knows, maybe they felt sorry for him because he's been convicted of murder and they thought, 'what's this silly little charge?'" Maha told The Batavian.

Nothing could be further from the truth, said Juror #2.

While the juror said she agrees with Maha that it makes no sense to believe anybody with the jail staff gave Doll the aspirin, she just didn't feel the case was made that Doll had the aspirin on his body when he entered the jail.

How it got there, she doesn't know, and Doll is the most likely culprit, but she just couldn't vote to convict him on the available evidence.

"We’re not saying there isn’t anybody who didn’t do their job," the juror said. "We’re not saying that at all. There was just no proof that he brought it in."

She said she was bothered by the fact that the prosecution did not offer the balloon into evidence, that there was no DNA evidence that might show Doll "stuck the balloon up his bum" or no photos were shown to put in perspective how much white powder was found in the jail cell.

The description of the amount of white powder found in the cell, Juror #2 said, left the impression that the amount of aspirin must have made the balloon "the size of a baseball."

She just didn't see how Doll could have hidden a balloon that size on his body and have it go undiscovered through three pat down searches.

The first vote, by secret written ballot, was 5-1 for acquittal. The one juror who favored guilty then asked the other jurors to explain their reasoning. After a short discussion, another vote was taken and "not guilty" was the unanimous decision.

Juror #2 said as far as she's concerned, it never crossed anybody's mine to let Doll off out of some sort of sympathy or that the case seemed too trival to bother with compared to his murder conviction.

"We took the case very serious," she said.

She also admitted that when she was first seated on the jury, she was sure Doll was guilty.

"You just don’t know," she said. "Things totally change when you are sitting in the jury box and you’re listening to all the evidence and you’re listen to all that testimony and you’re like, ‘wait a minute, I didn’t think of that.’"

No politics involved, Charvella case being handled by staff, DA says

By Howard B. Owens

Sure there's a free speech consideration, District Attorney Lawrence Friedman said when discussing the arrest of local Democrat activist Chris Charvella on a charge of aggravated harassment, 2nd.

But the statute he's charged under has nothing to do with the content of the phone message Charvella left for Republican Legislator Jay Grasso.

The statute is about making a phone call "for no legitimate purpose other than to harass or annoy," Friedman said.

The content of the message matters only in helping to establish intent, and intent is a matter, ultimately, only a judge or jury can decide.

"That's always true," Friedman said.

Critics of Charvella's arrest have expressed concern that the 30-year-old Batavia resident won't get a fair hearing in Genesee County because of his political affiliation.

Friedman, a Republican, said politics plays no part of it.

"I've been in this job 29 years and I challenge anyone to say politics has played a part in my decision making," Friedman said.

The case is being handled by one of Friedman's five assistant attorneys, and as is often the case, he said he isn't personally involved. Friedman said how the case is handled is entirely up to Assistant District Attorney Kevin Finnell.

Because of the jurisdiction of the case -- a town court, where ADAs handle the caseload -- and the nature of the charges, it's a case that he does not routinely follow.

"I don’t intend to get personally involved in this case, so my political affiliation is irrelevant," Friedman said. "My political affiliation is always irrelevant. I don’t look at anybody’s politics when I get involved in a case, neither the victims nor the defendants nor the witnesses nor anybody else."

He added, "I don't get involved just because a case is in the media."

Friedman said he hasn't read the case file and only knows about Charvella's arrest from what he's read in media reports. 

For previous coverage of Charvella's arrest for allegedly harassing Grasso, click here.

Photo: File photo.

Bow hunting practice pays off for Oakfield resident

By Howard B. Owens

Submitted by Cheryl Chaddock:

Brad Chaddock of Oakfield bagged his very own monster 9pt. buck last Saturday morning with his bow. Brad is a dedicated bow hunter during the season. He and his dad, Rob Chaddock, of Elba, spend many hours throughout the year practicing archery and it has paid off. He has had very successful hunts in the past, but this is his biggest to date. Congratulations to Brad.

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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