A man inside a feed store in Bergen is complaining of rib pain after what he says was a train vs. pickup truck accident. It occurred on Buffalo Street near Route 19. Bergen fire and medics are responding.

UPDATE 7 p.m.: "I have located the vehicle; checking on it now," says a first responder.

UPDATE 7:03 p.m.: "The truck is not on the railroad track; it's just east," says a first repsonder.

The Genesee Chorale performs "Christmas Memories" this Saturday and Monday in Batavia and Medina.

The program includes some new, some old and some old favorites with a new twist, sung by approximately 70 singers under the direction of Ric Jones and with accompaniment by Doug Hanson.

Concerts are at 7 p.m. Dec. 2 at St. James Episcopal Church, 405 E. Main St., Batavia, and at 7 p.m. Dec. 4 at First Presbyterian Church, 522 S. Main St., Medina.

Tickets are $8 presale, available from Chorale members or online at www.GeneseeChorale.com.

Photos by Howard Owens from Monday's rehearsal at St. James.

Eddie L. Miles Jr. is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on May 18 in the City of Batavia that, knowing he did not have the owner's consent, he took, operated, exercised control over, rode in or otherwise used a vehicle -- a 2000 Mercury Sable. In count two, Miles is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other mandate of a court. In Special Information filed by the District Attorney, Miles is accused of having been convicted of the crime of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor. The Special Information filing says he was convicted of that on Nov. 13, 2007, in Town of Pembroke Court, which was within 10 years of the crime alleged in count one of this indictment.

Garnet R. Lyon II is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 22 in the Town of Stafford that Lyon drove a 2002 Toyota on Route 237 while knowing or having reason to know that his license to drive in New York was suspended or otherwise withdrawn by authorities. It is also alleged that he was under the influence of alcohol or a drug at the time. In count two, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly driving while intoxicated. In count three, Lyon is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time.

Bryan B. Flanagan is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 13 in the Town of Darien that Flanagan drove a 2002 Chrysler on Route 77 while in an intoxicated condition. In count two, he is accused of DWI, per se, also as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Nicholas E. Kaiser is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 13 Kaiser drove a 2017 Ford on West Main Street in the City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

Press release:

The Genesee County STOP-DWI Advisory Board today sponsored its second annual STOP-DWI Awards Luncheon at Terry Hills Restaurant & Banquet Facility. Seven young people from districts in the county were honored for their commitment to the community for entering the Board’s STOP-DWI Poster Contest.

There were first-, second- and third-place winners in two grade categories, 6-8 and 9-12, as well as a Computer Generated Art Winner and a Grand Prize Winner. Additionally, the luncheon recognized four Top Cop Awards and a Coordinator’s Award.

The following young people were recognized for their STOP-DWI poster submissions: 6-8th grade winners -- Grace Shepard, Abby Root and Kendall Phillips. The 9th-12th grade winner was Summer Jeschke-Dean.

The Computer Generated Art winners were Isabella Biviano and Taylor Hutton. The Grand Prize Winner, whose artwork will appear on a billboard in Genesee County in December and January, is Zoey Shepard, a seventh-grader from Byron Bergen Central School.

Batavia Police Officers Chard Richards and Arick Perkins and Genesee County Sheriff Deputies Ryan DeLong and Eric Meyer received the Top Cop Award for going above and beyond with DWI arrests during a 12-month time period. They were also being honored for their dedication to keeping our community safe.

Genesee County Sheriff‘s Chief Deputy Gordon Dibble received the Coordinator’s Award for his outstanding commitment to our community for the last 42 years.

Press release:

Batavia Police were made aware of a Craigslist scam in which the scammer reportedly has a house for rent. The residence is actually for sale by a realty company and is not for rent.

As of the time of this release, police have not had any reports of citizens falling victim to this scam. The Batavia Police Department is releasing this information to make citizens aware of the scam and to prevent anyone from being victimized by this fraud.

It appears that a 62-year-old man accused of dealing drugs in Batavia is dead but County Court Judge Charles Zambito said he needs to see proof.

Proceedings in the case of Adner Davila were adjourned until 9:45 a.m., Dec. 11, giving Attorney Michael Locicero time to locate a death certificate for his client.

Locicero told Zambito he's spoken with two sisters of Davila and they said their brother died Nov. 20. Locicero doesn't know where his client died, though Davila was supposed to be confined to his residence in Batavia while awaiting further court proceedings. He does believe Davila's body was transported by a funeral home in Rochester to Brooklyn.

Davila was arrested in early September and charged with: charged with two counts of criminal sale of a controlled substance, 3rd; five counts of criminal possession of a controlled substance, 3rd; one count of criminal possession of a controlled substance, 7th; and one count of criminally using drug paraphernalia.

The Batavian and WBTA, local news partners for Genesee County, are hosting a Christmas party Friday evening during Christmas in the City at WBTA's studios at Main and Center.

Stop by between 5 and 9 p.m. and you could get a chance to win $100. Show us The Batavian's mobile app on your smartphone or tablet and you will be eligible to enter the drawing (no purchase necessary).

We will provide snacks catered by the Dibble Family Center.

• To download The Batavian's app for iOS, click here.
• To download The Batavian's app for Android, click here.

Batavia City Council members on Monday night voted to set a public hearing for the application of a $1 million grant to redevelop the vacant Genesee County-owned Old Engine House on Main Street but several of them did so with a bad taste in their mouths.

Council members Robert Bialkowski and Rose Mary Christian questioned the process -- "this came out of the blue," Christian said -- while Kathleen Briggs sought clarification on the county's role in the matter and Al McGinnis said the City should be looking at providing more single-family homes.

All in all, the debate at times revealed the board's misinterpretation of and confusion over the proposal to let developer Thompson Builds of Byron turn the former restaurant (and historic building) into a commercial-residential building.

Christian said she was aggravated by "nonprofits that don't pay any property taxes and school taxes, and that I had to read (about this) in the paper before we knew about it."

Council President Eugene Jankowski corrected her, stating that the grant is "pass-through money" and doesn't come from city coffers -- and that the project puts the property "back on the tax rolls."

Molino pointed out that the Restore New York Communities Initiative grant has to be applied for by a city, town or village, but Briggs still wondered "why the county doesn't do something about it?"

To which, Molino replied, "I think they are ... they're disposing of it (by declaring it as surplus property) and putting in back on the tax rolls."

That prompted McGinnis' comment about the City needing "to concentrate our efforts" on single-family homes, and Bialkowski stating he had problems with the process.

"I didn't know about it until reading it (in local media) and I have not seen an RFP (request for proposal)," Bialkowski said.

He also questioned how Thompson Builds was selected and that he felt rushed into having to set a public hearing on the same night as Council's first discussion about it.

His comments prompted Molino to apologize, but the City Manager noted that his Nov. 22 memo to Council was "in the media packet" and he didn't have any control as to when it would be published.

"Also, the county doesn't have to dispose of public property through an RFP," he said.

The plan outlined by Molino, after discussions with the Batavia Development Corporation, Genesee County and Thompson Builds, is to convert the 14,425-square-foot buildilng for business use on the first floor and residential use on the second floor.

The project is in line with current zoning code.

"Mixed use (Commercial-Residential) is part of the planning processes that we have had for downtown property, and we have a developer that is interested in rehabiliating it," Molino said.

He also said that there is a huge demand for downtown apartments and that the project would have to go through all "proper approvals," including planning boards and the Historic Preservation Commission.

Council members John Canale and Patti Pacino backed up Molino's contention regarding the demand for living space, with Canale talking about the lack of "places to rent at a reasonable price range" and Pacino noting that there is a "whole generation (millennials) that we're trying to attract back to Batavia -- young teachers, professionals ... who aren't ready to buy a house."

Bialkowski said he was surprised that no one from Genesee County was at the meeting.

"The county is asking the city to give them $1 million so why don't they have someone here?" he said.

To which, Councilman Adam Tabelski countered with the fact the city has the opportunity "to team with the county and a private developer to make that (putting it back on the tax rolls) happen."

After Jankowski again said that state regulations require the City to apply for the grant and schedule a public hearing, Bialkowski still wasn't convinced.

"We're applying for the grant, and the county is getting a million dollars," he said.

Molino said that the money would go to Thompson Builds to help fund the $2.5 million project, prompting Bialkowski to say, "so we're giving it to the developer."

Jankowski tried to put the whole matter into perspective.

"The benefit is that we're taking surplus property and putting it back on the tax rolls," he said, moments before all council members voted to schedule the public hearing for 5 p.m. Dec. 4.

James Owen said he would gladly give away his stake in Redfield Parkway's well-known pillars as long as the City of Batavia commits to repairing the stone structures that have served as guideposts to the VA Medical Center.

"Because of my generosity, I would sell it to the City for a dollar so the pillars could be restored, and I would also give the dollar so they can pay me for that amount," Owen said with a wry smile. "That, as they would say, it's now public notice."

Owen lives at 2 Redfield Parkway, with his sister, Kathy, They along with Jim Fitch of 3 Redfield and Don Fryling of 6 Redfield spoke at Monday night's City Council meeting and were supported by several other Redfield Parkway residents.

All spoke about the pillars' historical significance and urged council members to act sooner rather than later.

"We simply don't see much of this stonework anymore ... it is the duty of our community (to preserve history)," said Kathy Owen, who added that three estimates to repair the deteriorating pillars were given to the city in 2012. "Six years and nothing has happened."

City Council was made aware of the condition of the pillars, which consist of two inner gateway-monument-style pillars and two outer posts, a couple months ago, and asked City Manager Jason Molino to explore restoration options.

James Owen said the pillars "look good from the street" but the mortar is cracking and they are "starting to fall apart."

Molino pointed out a couple of issues: (1) the outer posts are located on private property and (2) the pillars likely wouldn't qualify for grant money since they are not historically or landmark designated.

One of the outer posts is on the Owens' property and the other is on the property of Michael Riggi, whose address is 384 W. Main St. (at the corner of Redfield Parkway). 

Fitch said his mindset, as far as financial responsibility is concerned, is that the pillars "are part of one entity, and they need to be considered that way. Reparing them is a big decision with long-term ramifications."

Fryling said the structres "should be maintained."

"Don't let them deteriorate to the extent that the city park shelters did (and had to be taken down)," he said.

All of the council members voiced their support of the restoration project, and some mentioned the unique nature of Redfield Parkway, with its pillars and full-length island leading from West Main Street to Richmond Avenue (and the VA Medical Center), and also spoke of the work of the Redfield Parkway Association members who put up flags, flowers and Christmas trees throughout the year.

Molino had suggested an assessment of the situation by engineers or a masonry company experienced in stone pillars. He also talked about acquiring a permanent easement from the two property owners to give the City the ability to repair and maintain the structures.

"If you're going to do it, do it the right way," he said. "Make the right investment that will be lasting."

In the end, City Council President Eugene Jankowski directed Molino to get some "pretty hard costs," adding that "we don't want to wait until January of next year, and we want regular updates."

Molino said he would have detailed information by the January Conference meeting -- noting that an assessment could come with a financial cost --- and said a decision could be made by spring and put out for bid.

Afterward, James Owen said he liked what he heard from Council.

"Well, I believe they're on the right track," he said. "I hope within a year the pillars of Redfield will be repaired so the community can see the future. I think it will be a big project, but with the proper people doing it, it should be done efficiently and up to code, and also it will last for another 105 years."

Photos at top -- James Owen, holding a piece of the mortar that fell out of one of the Redfield Parkway pillars, and his sister, Kathy, speaking to City Council. Photos by Mike Pettinella.

Join us for the annual meeting of The Landmark Society of Genesee County at 7 p.m. Wednesday, Nov. 29th, at GOART!, located in historic Seymour Place at 201 E. Main St. in Downtown Batavia.

Local resident and Landmark Board Member Richard Beatty will be presenting a program on the historic Buffalo Landmark designed by Frank Lloyd Wright -- the Darwin Martin House.

Located in the Parkside neighborhood of Buffalo, the restoration of the six-building complex is nearing completion. The project began in 1992 with the goal of returning the estate to its 1907 condition.

Beatty, a senior docent at the house, will tell the story of the rebuilding and restoration of one of Wright’s greatest early works.

A colored sketch of the Brisbane mansion or former City Hall by Don Carmichael and a sketch of the former St. James Rectory by Gail Thomas will be raffled off. For the suggested donation of $5 you can have a chance to win both of these framed sketches. The drawing will take place at Wednesday's meeting.

The pictures that we are having in the raffle are on display at GOART! in the hallway as you go to the bar area.  Come to the meeting and buy a ticket and you may go home a winner!

Our by-laws state that a person can be a director for two terms and then need to take a one year off the board and can then be re-elected. The treasurer doesn’t have this restriction.

In order to amend our by-laws to allow a director to serve three terms, we need a 2/3 affirmative vote of the members at a membership meeting.

We will be voting for three directors to serve a three-year term.

Olympia Sports, a national retail chain with a location in the Tops Plaza, is closing its Batavia location.

These are some of "The Boys of Battery D," the first draftees from Genesee, Orleans and Wyoming counties before they were sent off to serve in World War I. It was taken in October 1917. Do you recognize any of them?

A hundred years ago, the first World War I draftees from Genesee, Orleans and Wyoming counties were fresh arrivals at Camp Dix, NJ. Initially, most were together in the same barracks and the same unit, Battery D of the 307th Field Artillery.

The picture was provided by Terry Krautwurst, who researched and wrote a history project titled "To End All Wars," which he then donated to the Genesee County History Department.

The project contains the biographies and documents on the 66 men and one woman from Genesee County who died in service during The Great War.

Krautwurst's latest post on his blog about Genesee County and that war is entitled "The County and the Kaiser. (The website, incidentally, also contains the honor roll biographies and many documents.)

The full unit photo of the men is numbered to help with ID, and three complete lists of the names of all the men from the three counties drafted in September 1917.

"I’m hoping that descendants and others able to recognize these men (either from memory of their grandfathers or from old family photos) will help put names to the faces in the photo so that the majority will be identified and thus properly honored by next November 11," Krautwurst says.

Click here to check out the post and get information about identifying the soldiers. Or you can start at the blog’s home page, here.

To contact Krautwurst, his email is:   tkwrite@bellsouth.net

Press release:

The Genesee Society of Model Engineers will host the club's Annual Holiday Open House on Saturday, Dec. 2nd, at the club's facilities located at 50 Main St. (Route 63), Oakfield (above the M&T Bank). The FREE event runs from 9 a.m. to 4 p.m.

The club's facilities feature operating layouts in O Gauge (Lionel), HO & N scale as well as push trains for the little ones.

Refreshments will be served and club members will be available to answer your model railroading questions. A great family-oriented event filled with photo-ops and fun for kids of all ages.

Stairway access only.

"The Christmas holidays seem to bring back those childhood memories of a model train around the Christmas tree," says club President Mike Bakos. "Our members are keeping the tradition of trains and the holidays alive. We invite you to visit and enjoy one of Genesee County's best kept secrets."

This year's Open House will be one of the many "Ornament Stops" featured as part of the "Deck the Halls -- Christmas in Oakfield" celebration.

Starting at 11 a.m., the first 50 families to register at the village's Triangle Park will receive a small grapevine wreath. They can then embark on an ornament hunt by visiting many of the village's local clubs and businesses while gathering ornaments for the wreath.

The ornament hunt is just one of many activities that will be taking place in Oakfield throughout the day.

The Genesee Society of Model Engineers clubhouse is open Tuesdays evenings from 7 to 9. Business meetings are held the last Tuesday of each month. Visit www.gsme.org.

Press release:

The Genesee Valley Educational Partnership is pleased to announce a new partnership between its School Library System and an international game company called LUPO.

Based in Helsinki, Finland, LUPO publishes "Space Adventure," a narrative storytelling game that allows players to role-play as they complete collaborative tasks while on a space mission.

The goal of this project is to lead local classes in exploring game design as a way to promote critical thinking and creative expression of student understanding.

Over the next year, School Library System staff will pilot this game in component school districts as this game’s primary rollout in the United States.

SLS staff will provide training for librarians and teachers.

“LUPO’s 'Space Adventure' will be a strong addition to our existing library of over 400 games selected for instructional use in the classrooms of the Genesee Valley region,” said SLS Director Christopher Harris.

“ 'Space Adventure' combines creative storytelling with science and community planning to create a narrative experience that can be customized by the teachers to address different areas of the curriculum."

For more information about LUPO visit lupoworld.com  

###

The School Library System is a program of the Genesee Valley Educational Partnership. The Genesee Valley Educational Partnership operates as a Board of Cooperative Educational Services offering shared programs and services to 22 component school districts located in Genesee, Wyoming, Livingston and Steuben counties in New York state.

Press release:

This week, students, staff and parents will have opportunities to meet with the final two candidates for the position of principal of John Kennedy Intermediate School.

Lauren Combo, currently the director of Curriculum and Instruction in the Perry Central School District, will be at the school on Wednesday, Nov. 29, and Amanda Cook, currently the assistant principal at the Byron-Bergen Elementary School, will be there on Thursday, Nov. 30.

Each will begin their respective afternoons with the current principal, Paul Kesler, for a tour of the building, then visit a second-grade class to share a story with students. Afterward, each will meet with the interview team, then staff members. The afternoon will conclude with a meet-and-greet at 2:45 for all interested parents and teachers. 

A team of teachers, clerical and custodial workers, parents and administrators narrowed the field of initial applicants down to seven interviews and then four candidates. Those four were interviewed by the District Leadership Committee, including Board members Patrick Burk and Barbara Bowman. Out of those interviews came the two finalists.

Combo began her career in Le Roy as an AIS (Academic Intervention Services) math teacher for grades two and three, then as a kindergarten teacher. During that time, she took on the position of Elementary Math Curriculum coordinator, and worked as principal for two summer programs – including Batavia’s TEAM Literacy program.

After working as an administrative intern in the Perry District, she was hired by them as the director of Curriculum and Instruction. In that most recent position, she planned, implemented and evaluated instructional programs with teachers and building administrators; facilitated monthly data meetings; oversaw intervention and enrichment activities and programs; provided professional development; assisted in conducting K-12 observations; collaborated on the creation of a K-12 instructional technology plan; and was the test coordinator for all assessments and exams.

Cook began her education career as a Special Education teacher in Pavilion Central Schools. Five years ago she was hired as Byron-Bergen Elementary School’s assistant principal where she honed skills in instructional leadership and school operations management.

In instructional leadership, she developed and earned statewide recognition for a character education program using input from district-wide stakeholders; incorporated proactive and positive behavior practices within the school-wide student management program; led the design and implementation of local curriculum and bully prevention programs; coordinated service learning programs within the community; created student leadership opportunities to enhance school culture; implemented assembly programs to support classroom character education instruction; and partnered with teachers to complete professional observations as part of the APPR process.

In school operations, she coordinated scheduling and accommodations for NYS assessments, including the field testing of computer-based testing; managed student behavior through communication with teachers and families; developed time-efficient master schedules to maximize instructional and Response to Intervention times; facilitated building safety committee to ensure thorough and efficient practices; and implemented programs to streamline professional learning and evaluation processes.

Each candidate will begin her session with a brief biography and then respond to questions from attendees.

At the next Board of Education meeting on Dec. 5, Superintendent Christopher Dailey will recommend the appointment of one of these candidates to the Board of Education, with the intention of having the new JK principal begin work by Jan. 1.

Press release:

Genesee County Highway Department will be replacing the Pratt Road bridge over the Tonawanda Creek, with a likely construction start date of May 2019.

As a design of the replacement is underway, a public information meeting regarding the project will be held at 7 p.m. on Dec. 7th at the East Pembroke Fire Hall, located at 2623 E. Main Road in the Town of Batavia.

Timothy J. Hens, P.E.
Highway Superintendent

YMCA Gift Cards can be purchased now through Dec. 23rd, 2017 at the Genesee County YMCA, allowing people the opportunity to give a YMCA membership or program as a gift to loved ones or friends. A gift from the YMCA entitles a friend or family member to become part of an organization that believes in and promotes active and healthy lifestyles, progressive skills development, fair play, family, and character development.

The Genesee County YMCA offers a wide array of programs and services to meet the interests and needs of the entire family from memberships for youth, college students, families and seniors to swimming lessons, childcare, sports and summer camping, there is truly something for everyone at the Genesee County YMCA.

For more information on membership or programs offered at the Genesee County YMCA, please call (585-344-1664) or log on to our website at www.glowymca.org.

What can be done about the deteriorating masonry pillars, walls and lighting that welcome motorists and walkers onto Redfield Parkway from West Main Street?

Batavia City Council members are expected to learn more about that situation tonight when they meet at 7 p.m. at City Centre Council Chambers.

In a memo to the board by dated Nov. 8, City Manager Jason Molino recommends that the city seek funding streams to conduct a “condition survey” of the four structures that make up the Redfield Parkway pillars – two inner gateway-monument style pillars and two outer posts.

He wrote that a grant from the Preservation League of New York State is a possibility, along with historical preservation grants from the Rochester Area Community Foundation and the Community Foundation of Greater Buffalo. The grant amounts range from $3,000 to $50,000.

One snag, however, could be that the pillars are not “historically or landmark designated,” Molino wrote.

Also, while the two monument pillars (equipped with lighting structures) are located in a public right-of-way and are owned and maintained by the City, the two outer posts are located on private property. All are showing signs of disrepair, with cracked and missing mortar.

“The condition of these posts varies, ranging from visible cracking of mortar to the removal of several stones,” Molino wrote. “After a review of the individual deeds of each property, it has been determined that the outer posts are individually owned and maintained, and are responsibility of each property owner.”

The condition of the pillars was brought to Council’s attention in September by Councilman Robert Bialkowski, who was responding to a letter he received. He proposed using $52,000 in funds earmarked for community development initiatives to fix them.

Tonight’s agenda also includes a proposal by Molino to apply for up to a $1 million grant from the Restore New York Communities Initiative to put toward the redevelopment of the vacant Old Engine House on West Main Street into a commercial/residential building.

Molino, in a memo dated Nov. 22, wrote that he has had discussions with officials from Batavia Development Corporation, Genesee County and potential developer Thompson Builds to rehabilitate the 14,425-square-foot historic structure.

Genesee County owns the property, but is “prepared to declare the property surplus should the project be funded and move forward,” Molino wrote.

Council will be asked to vote on a resolution tonight (during a special business meeting) to schedule a Dec. 4 public hearing for the project.