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Water main break reported on Union Street

By Howard B. Owens

Press release:

City of Batavia Water Department is repairing a water main break on Union Street this morning. Water service on Union Street between Union Square and Oak Street will be affected until repairs are completed.

Federal jury finds former truck driver guilty of transporting, sexually abusing minors

By Billie Owens

A former truck driver was found guilty by a federal jury in Buffalo today on all counts in an indictment charging him with transportation of minors with the intent to have sex, announced U.S. Attorney William J. Hochul Jr., of the Western District of New York.

David Allen Vickers, 50, was found guilty of transporting two minors in interstate commerce with the intent to engage in criminal sexual activity. According to evidence introduced at trial, the defendant, an over the road truck driver, transported two victims to Canada, New Jersey and Pennsylvania, and repeatedly abused and molested them while he was making deliveries, according to Assistant U.S. Attorneys Aaron J. Mango and Elizabeth R. Moellering.

This abuse occurred in the time frame of 1999 to 2007.

“That this defendant continuously abused numerous children over almost a quarter of a century makes him one of the area’s most prolific and dangerous abusers we have convicted,” said U.S. Attorney Hochul. “Thanks to the courage of four of the victims who testified, today’s verdicts mean that this defendant will never again harm another child.”

He is the brother of convicted child molester and former Batavia resident Sean M. Vickers. Media coverage of Sean's arrest in 2013 prompted other victims to come forward and led to the investigation of David.

Both brothers were investigated for sexual abuse of minors in multiple jurisdictions going back as long as 30 years ago.

Last September, Judge Robert C. Noonan sentenced Sean, who is in his mid-40s, to 107 years in state prison after a jury found him guilty of two counts of sodomy in the first degree, two counts of criminal sexual act in the first degree and sexual abuse in the first degree.

David's trial evidence also disclosed that the defendant abused other children, with the first abuse beginning in 1983. This pattern of abuse included extensive psychological manipulation of the victims (sometimes referred to as “grooming”), and was facilitated through the defendant’s projection of benevolence to the victims’ families. The defendant also established and operated a bed and breakfast on Seneca Lake, “Paradise on the Lake,” to which he took the eventual victims in an effort to manipulate and gain their trust. The defendant also gave the victims alcohol, cigarettes, toys, and access to ATVs.

The defendant’s cover was so successful, in fact, that both of the victims named in the Indictment had at one time been assigned to the custody of the defendant by a Family Court Judge.

The sentencing is scheduled for June 24, 2015. The charges carry a mandatory minimum penalty of 10 years imprisonment, a maximum penalty of life imprisonment, a fine of $250,000, or both.

The trial was the culmination of an investigation on the part of Agents of the Federal Bureau of Investigation under the direction of Brian P. Boetig, Special Agent in Charge, and the Batavia City Police Department under the direction of Chief Shawn Heubusch. The evidence was presented to the jury by Assistant U.S. Attorneys Mango and Moellering. The case was heard by United States District Court Judge Richard J. Arcara.

Batavia man will serve 15 years for armed robberies

By Howard B. Owens
Mark Maltese

At one time, Mark Maltese was a model citizen, his attorney David Pilato told Judge Robert C. Noonan this morning before Maltese was sentenced to 15 years in prison.

The 44-year-old Batavia resident had a couple of driving under the influence arrests, but otherwise never had any contact with the law until he decided to start robbing and burglarizing local businesses in order to feed a recently acquired cocaine addiction.

He was educated, employed, a father and a son who grew up loving football and caring about his family, Pilato said.

"His addiction is not an excuse for his behavior," Pilato said. "It explains his behavior."

Noonan said, even so, the crimes committed by Maltese, which he was convicted of at a jury trial in January, were "among the most violent crimes in our criminal justice system" and deserved a significant prison term.

The 15-year sentences were handed down on Maltese's conviction of robbery in the 2nd degree.

The armed robberies were committed over a few days period in November 2013 at the Best Western on Park Road, the 7-Eleven in Oakfield, and the Days Inn on Noonan Drive, Batavia.

Maltese was captured after burglarizing Rent-A-Center days after the Days Inn robbery.

The two 15-year sentences were imposed concurrently, as were the series of two-and-one-third to seven-year sentences for his convictions on burglary, 3rd, criminal mischief, 2nd, and grand larceny, 3rd.

Also in court today: Robert W. Plantiko Jr., 29, of Thorpe Street, Batavia, who entered a plea in January to criminal possession of a weapon, 2nd, was sentenced to two to four years in prison. The conviction stems from a Sept. 5 incident on Thorpe Street that led to charges of burglary, 1st, robbery, 1st, menacing, 2nd, assault, 3rd, and criminal mischief.

City fire responds to Taco Bell

By Billie Owens

City firefighters are at the Taco Bell on West Main Street after an electrical outlet was found smoking following a water leak.

UPDATE 9:43 a.m.: An electrical problem was found and will be handled by an electrician.

City: Trickle of water will help prevent pipes from freezing

By Howard B. Owens

From Matt Worth, city superintendent of Water / Wastewater:

Over the past week there has been a few reports of frozen water services in the City, the area of Oak Street and Clifton Avenue in particular. Any residents who might have shallow water service or have had an issue in the past should consider running a “trickle” of water in one faucet until temperatures moderate for a few days to avoid freezing. A stream of water smaller than a pencil will typically prevent any freezing.

Travel advisory issued for Genesee County (Lifted)

By Howard B. Owens

The Sheriff's Office has issued a travel advisory for Genesee County:

A travel advisory has been issued for all of Genesee County as of 0540 hrs. There are numerous accidents due to icy road conditions.

UPDATE 6:40 a.m.: Two-hour delays for schools: Batavia City, Attica, Alexander, Elba, Notre Dame.

UPDATE 8:15 a.m.: The travel advisory has been lifted. Also, the Richmond Memorial Library has delayed opening until 11 a.m.

Icy road conditions predicted for this morning

By Howard B. Owens

A winter weather advisory is in effect until 11 a.m.

The National Weather Service in Buffalo warns of a patchy, freezing drizzle with accumulations of a trace of ice.

Temperatures will be in the low 30s throughout the morning.

Expect slick spots on untreated roads.

Accident with entrapment reported on Route 98, Elba

By Howard B. Owens

One person is reportedly trapped following a motor-vehicle accident on Route 98 and Edgerton Road, Elba.

Elba fire and Bergen ambulance dispatched.

Also, there's an accident with minor injuries in Stafford, Roanoke Road near Westcott Road. Stafford fire responded to that call.

UPDATE 5:40 a.m.: The person is out of the vehicle. Minor injuries reported.

GCEDC to consider Darien Lake Theme Park request for $180,000 tax exemption for new attractions

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider a project from Darien Lake Theme Park Resort at its Thursday, March 5, board meeting.

Darien Lake Theme Park Resort is planning to add several new attractions, including a 75-foot “super loop” thrill ride and dual waterslide complex speed ride for this operating season. The projected capital investment is approximately $2.5 million.

The company is seeking a sales-tax exemption of $180,000, which would require a public hearing should the board approve the application.

The GCEDC Board meeting will take place at 4 p.m. and is open to the public. Meetings are held at the Dr. Bruce A. Holm Upstate Med & Tech Park - 99 MedTech Drive, Batavia, on the first floor across from Genesee Community College.

Rep. Collins explains vote to fund Homeland Security

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) issued the following statement after voting to fund the Department of Homeland Security.

“It is my responsibility to Western New Yorkers to ensure the funding needed to guarantee their security is provided,” Congressman Collins said. “Political theatrics should never endanger Americans’ safety. Today I voted to make sure that did not occur.

“Lurching from one crisis to the next might make for lucrative political fund-raising, but it does not make for good government. It is time we end the political ‘Groundhog Day’ and fulfill the jobs we were elected to do; creating an environment conducive to job creation and addressing the needs of the people who elected us.”

Crash with injuries and entrapment on Route 98 in Alexander

By Billie Owens

A two-car accident with injuries and entrapment is reported at 9473 Route 98. Alexander and two Mercy medic units are responding along with mutual aid from the Town of Batavia.

UPDATE 5:10 p.m.: Route 98 is shut down in both directions between Pike and Dodgeson roads.

UPDATE 5:19 p.m.: Sgt. Ron Meides tells Howard at the scene that a pickup truck driven by a female was on Route 98 when she lost control of the vehicle in slushy road conditions. The truck spun around and was T-boned by van heading in the opposite direction driven by a male. The pickup truck driver suffered non-life threatening injuries. The van driver was entrapped, possibly suffering internal injuries, and would have been taken to the hospital via Mercy Flight if it wasn't grounded due to weather. Both drivers were taken by ambulance to ECMC.

Crash with injuries at Route 98 and Lockport Road, Elba

By Billie Owens

A motor-vehicle accident with injuries is reported at Route 98 and Lockport Road. Elba fire and Mercy medics are responding.

UPDATE 3:33 p.m.: All available manpower from the Elba Fire Department is requested to the scene, including Fire Police.

Snow removal during harsh winter remains a challenge for city

By Howard B. Owens

At least one Downtown business owner doesn't think the city is doing enough to address snow removal and he's not convinced the city cares.

Snow piled up on sidewalks and in parking lots costs bars, restaurants and retail shops money, said Derek Geib, owner of Bourbon & Burger Co. on Jackson Street, and the city loses sales tax revenue.

He thinks the city could be more aggressive about finding a solution.

Geib, along with other business owners, met with city officials earlier this winter and were told city work crews act as quickly as possible to remove snow, but there's only so many workers and so many hours they can work.

That isn't a good enough answer, Geib said.

"Accepting this as just the way it is is not an option," Geib said. "It is directly affecting just about every business Downtown. It needs to be addressed and something needs to be proposed as a solution. Reallocate BID funds, raise taxes, cut something else. Jason (City Manager Jason Molino) needs to sit down and address this. That's my only request. We can't just 'deal with it.' This is 2015. I'm sure someone has some solution somewhere."

Molino said, actually, snow pile-up this winter is something every municipality in the Northeast is dealing with this winter.

Unrelenting cold, near record snowfall, and storms spread out at a pace that keeps workers tied up and makes it impossible to keep up with the mounds of frozen water.

"This February has absolutely been challenging to say the least when it comes to snow removal," Molino said. "From Buffalo to Boston, everyone is having the same conversation. It's not just us with this problem. It's the circumstances of the type of weather we're having, and now we're about to get hammered with another snow and ice event, which means our guys will be out far into the night and perhaps into the morning, which means they're not going to be removing snow tomorrow."

The "not enough workers" answers isn't a good one, Geib said.

"We shouldn't as a city accept that things are just the way they are," Geib said. "If there aren't enough employees to actually do the task at hand then people should be made aware of that and budgets should be adjusted. If garbage wasn't getting picked up, it would be an issue. Snow removal is no different. There is a solution, but the City Manager has to recognize there is a problem first."

Molino said he does recognize there's an issue, but without unlimited resources, there's only so much the city can do.

"I understand and sympathize with the frustration business owners feel over snow accumulation," Molino said. "When there's manpower available, we remove the snow from the parking lots and then from the sidewalks. We do the best we can with the manpower we have."

This has been an incredibly difficult and challenging winter for the city's DPW and Water Department workers, as it has been for municipal employees throughout New York, he said.

The constant use of snow-removal equipment also puts a strain on city resources because inevitably, equipment breaks down and needs to be repaired, Molino said.

Under the circumstances, he said, he thinks they've done an incredible job.

Batavia has also been plagued by a series of water line breaks. Typically, those are handled by the Water Department, but the night of the River Street break, Water Department employees were already out helping with plowing and salting, and with the break, the city's already overextended DPW workers had to help with that nasty and complicated break.

"They went from plowing roads to jumping into a water-filled hole on the coldest night of the year," Molino said. "We've had a series of water line breaks in very poor weather and some of these have been large, deep digs that make the job very challenging. Throw on top of that, sub-zero weather, that makes the job very challenging."

Trailer in flames on West Main Street Road

By Billie Owens

A working trailer fire is reported, flames showing, at 3322 W. Main Street Road. East Pembroke and Town of Batavia fire departments are responding along with Mercy medics. Call came from a passerby. Unsure if the trailer is occupied.

UPDATE 2:40 p.m.: This is in the Batavia Mobile Home Park. The fire has gone to a second alarm. Oakfield, Darien and Alexander are called to respond with mutual aid. Pembroke is asked to stand by in East Pembroke's fire hall.

UPDATE 2:44 p.m.: All available manpower from East Pembroke is requested to the scene.

Rollover accident, unknown injuries, on westbound Thruway

By Billie Owens

A one-vehicle rollover accident, unknown injuries, is reported on the westbound Thruway at mile marker 383.8. Le Roy fire and ambulance responding.

UPDATE 2:02 p.m.: A responder reports the vehicle is on the shoulder of the roadway.

UPDATE 2:04 p.m.: This will be a sign-off. The driver is out of the vehicle.

UPDATE 2:24 p.m.: A state trooper is on scene. The Le Roy assignment is back in service.

Darien Lake announces in-park concert series

By Howard B. Owens

Press release:

This summer Darien Lake will host three special in-park concerts presented by TOPS Markets that are free with a Season Pass, a hotel or camping package or daily admission. The free concerts will take place in the Ride of Steel Plaza and include performances by –  Disney Channel’s Debby Ryan & The Never Ending; the social media hip-hop star Jake Miller; and Canadian singer-songwriter, Shawn Mendes.

“With roots in the Disney Channel, Kissmass Bash and beyond, these stars resonate with many families across Western New York,” said Chris Thorpe, Darien Lake General Manager. “Along with two new rides, these concerts are part of our plan to provide extraordinary value to our season pass holders and accommodations guests while enriching the entire Darien Lake experience.”

With park admission or a season pass, guests receive access to all in-park entertainment/concerts, Dive-In Movies, special events, shows, and now more than 50 rides. A 2015 season pass has even greater value than ever before, paying for itself in less than two visits. Season Pass holders will have the opportunity to be first to ride the all-new Rolling Thunder thrill ride, and will receive free parking, three free tickets for friends on select days and a free 32-oz. souvenir mug good for $.99 soda refills all season long when purchasing and visiting prior to Memorial Day.

In-Park Concert Dates and Times:

Debby Ryan & The Never Ending: May 23, 6 p.m.
As one of the most watched young stars in the business today, Debby Ryan is known for her unmatched comedic timing, flexibility to give powerful dramatic performances, and the ability to illuminate television and film screens. She starred on the Disney Channel series “The Suite Life on Deck,” as Bailey Pickett from 2008-2011 as well as the smash hit Disney Channel Original Series “Jessie” since 2011.

In addition to incredible acting chops, Debby broke onto the music scene in 2013 with her band, The Never Ending. The band consists of singer and songwriter Debby Ryan, drummer Johnny Franco and guitarist Kyle Moore. They released their 5-track EP “One” on June 24, 2014.

Jake Miller: June 13, 6 p.m.
Ever since Jake Miller began posting his original songs on YouTube a few years ago, the 21-year-old Miami-born pop artist has been building a virtual army of fans. His 1.3 million social media community followers call themselves "The Millertary" and come to his concerts wearing camouflage and greasepaint under their eyes. They are devoted to Miller’s irresistible musical blend of pop and hip-hop, combined with the positive messages in his songs.

Miller has independently released three EP’s: 2012’s "Spotlight" and 2013’s "The Road Less Traveled," which debuted at No. 1 on the iTunes Hip-Hop chart and 2014’s "Lion Heart," which sold 8,000 in the first week and 14,000 to date. His full-length album, 2013’s "Us Against Them," sold over 33,000 copies and peaked at No. 5 on the Billboard Rap chart.

Shawn Mendes: June 27, 6 p.m.
Hailed by Billboard as “Music’s First Vine Star” and TIME Magazine as one of the "Most Influential Teens of 2014," singer-songwriter Shawn Mendes has emerged from teen viral sensation to major best-selling status almost overnight. Soon after artist manager Andrew Gertler discovered and introduced Mendes to now-label Island Records in early 2014, Shawn’s debut single "Life of the Party" broke records, topping the iTunes Charts and selling over 150,000 copies in its first week due to his legions of fans.

The success of the song made Shawn the youngest ever artist to break into the Billboard Hot 100's Top 25 with a debut single. Then, just a month later, Mendes released his self-titled debut EP, which also hit the No. 1 spot on iTunes once again, and entered at No. 5 on the Billboard album charts, showing the staying power of the young artist. Now fresh off of his sold out first headline tour dates, and soon to be embarking on Taylor Swift’s 1989 World Tour as well as releasing his debut album in 2015, Shawn has quickly become one of music's most promising young stars.

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