Police in the Town of Amherst have arrested three people who are suspected in a series of commercial burglaries in the region.

Among the items recovered were two air compressors that the suspects allegedly said may have come from a location or locations in the Batavia area.

If you have any information related to these possibly stolen air compressors, contact Investigator Kris Kautz in the Genesee County Sheriff's Office at (585) 345-3000, ext. 3571.

Plans to upgrade Kiwanis Park, on West Main Street Road in the Town of Batavia, to become an "inclusive park" (one that accommodates children and adults with disabilities) continue to move forward.

Local community members have been meeting recently, planning the process and starting the fundraising.

One of the first steps is the creation of a Facebook page in support of the project. Go like it.

Previously: Town of Batavia looking at upgrading Kiwanis Park to accommodate children with disabilities

By a one-vote margin, the Batavia City Council voted to raise its annual pay by $1,500, from $2,000 a year to $3,500.

The pay increase was approved by the council last year, but Councilman Pierluigi Cipollone (inset photo) offered a motion to amend the proposed budget for 2012-2013 to delete the increase in pay.

His motion failed on a 4-5 vote with Cipollone, Brooks Hawley, Kris Doeringer and Patti Pacino backing the no-raise motion.

"I have had people come to me, and say, 'you are going to give yourself a raise on top of all this. It’s not deserved,' " Cipollone said. "I didn't take this job for the money."

Doeringer said increasing council pay is moving service on the council into a career, not community service.

"I don’t want to make the council positions about money," Doeringer said. "We didn't take the seats to make money. We're not career politicians. We all do something on the outside. I don’t want to see the City of Batavia move to where people want to be on council because they think it’s a job."

Councilman John L. Canale (bottom photo) noted that he voted agaisnt the raise last year because he felt it was too soon after seating a new council to be making that kind of decision.

Since then, he said, the council has proven to the public it deserves the raise.

"I said I would have the full intention of voting myself a raise this year if as a team we could prove to the constituents that we can do the job," Canale said. "I think in the last year, especially with the freshman that were on the council, along with the experienced ones, I think we have well proven to the general public that we can work as a cohesive unit."

He said the proposed budget, with a 16-percent decrease in taxes, is proof of the bipartisan nature of the council.

Councilwoman Rose Mary Christian said that what she hears from constituents is that council members should be paid more.

"I don’t know who you talk to, but there are people I talk to who say we don’t get enough for the crap we have to go through," Christian said.

City Manager Jason Molino informed council members Monday night that he's found another 2.17-percent savings in the city's 2012-2013 budget.

He also shared how he believes some city residents will save money under the proposed changes in garbage collection service.

Molino also proposed making a first-year commitment of $45,000, taken from reserve funds, to back community enhancement plans put forward by the Vibrant Batavia committee.

The new proposed tax rate is $8.95 per thousand of assessed value, which is a 16.42-percent decrease from the 2011-2012 tax rate of $10.71.

For a property owner with an assessed value of $80,000, that is $140.80 savings in tax payments.

As part of the budget presentation during the workshop meeting last night, Molino shared figures based on Batavia's average assessed value for single family homes of $92,000 that showed such a homeowner would save money with proposed changes to the garbage collection service.

City staff is proposing a switch to an automated tote system -- residents would wheel totes out to the curb and a one-man garbage collection truck would drive by and use a lift to pick up the tote and dump trash into the truck.

The lowest bidder to take over the garbage collection under the new system is Allied, based in Arizona. If Allied is awarded the bid, it would end nearly 30 years of garbage collection in Batavia by Genesee ARC.

The actual projected savings are based on Molino's contention that taxes will have to go up if the current program with ARC is continued into 2012-2013.

To continue the current garbage collection system, taxes would need to go up to $11.14 per thousand, Molino said.

He said for a home assessed at $92,000, the property owner would pay $823,40 for a 35-gallon refuse tote. The refuse fee would be $169 annually for a total spent on property taxes and garbage collection of $992.40.

For 2011-2012, that property owner is paying $985.32 in a single bill that covers property taxes with garbage included, so the new system would cost $7.08 more.

However, Molino said the tax rate cannot remain at $10.71 if the council elects to keep ARC without the totes.

The tax rate would have to go up to $11.14, making the tax levy for that $92,000 home $1,024.88 -- or $39.56 over this year's taxes.

Using those numbers, the person who owns a $92,000 home would save $32.48 with a 35-gallon tote. The homeowner would save $3.48 with a 96-gallon tote (which has a refuse fee of $198 annually).

Here's a charge looking at various options:

Assessed Value Current tax of $10.71 $8.95 + $169 Fee Tax Rate of $11.14 $70,000 $749.70

$795.50

$779.80 $80,000 $856.80 $885.00 $891.20 $92,000 $985.32 $992.40 $1,024.88 $105,000 $1,124.55 $1,108.75 $1,169.70 $120,000 $1,285.20 $1,243.00 $1,336.80 $160,000 $1,713.60 $1,601.00 $1,782.40 $200,000 $2,142.00 $1,959.00 $2,228.00 $250,000 $2677.50 $2,406.50 $2,785.00

Councilwoman Patti Pacino said she's had constituents raise the issue with her that they don't understand why the city is projecting an increase in garbage collection costs when ARC hasn't been raising their prices.

Molino said the increase is due to annual hikes in the tipping fee costs for refuse disposal at a facility in Riga.

CORRECTION: Molino said ARC has raised rates over the past five years.

Councilman Jim Russell asked why the city has separate contracts for garbage collection and garbage disposal and Molino said the arrangement is unusual, but it was put in place decades ago.

Typically, Molino said, there's just one contract with a refuse collection company, because such a company can usually get better rates from waste facilities (be they dumps or incinerators) because of the greater volume one collection company generates over multiple jurisdictions.

Buying the totes will cost the city about $500,000. The city will borrow the money on what's called a "bond anticipation note." Such a financial scheme allows the city up to five years to pay back the loan or it must issue a bond. The cost of the totes are built into the user fee and will be paid back through the user fee within five years.

The totes have a 10-year warranty, but on average, they should last 15 years, even in Batavia.

Once the totes are paid for, the council will have a decision about what to do with the extra fee being charged -- lower the rate, save it for buying new totes in future years, or a combination of both.

On the issue of Vibrant Batavia: The council will be asked to pass a measure that will create an official committee and fund the projects of Vibrant Batavia for $45,000 for the first year.

Vibrant Batavia is being asked to increase its fundraising commitment from $22,000 to $27,000.

Vibrant Batavia is a community development program that will work on neighborhood revitalization, marketing the city and planning for the city's centennial celebration.

Initially, Vibrant Batavia requested $50,000 a year for three years. The council will review the progress of Vibrant Batavia after the first year and decide whether to fund it further.

"If it goes well, then you're second and third year discussions will be easier," Molino said. "If it doesn't go well, you discontinue it."

A family with four children lost their home this morning to fire after one of the children apparently knocked over a kerosene heater on the first floor.

The structure was not insured.

The father, Jesse Rosenbaum, suffered a minor back injury from jumping from the second floor. He was transported to UMMC for evaluation.

Before jumping, Rosenbaum lowered the four children from the roof over the front porch, helping them reach the ground safely.

None of the children were injured.

After the fire started, the children apparently ran from the first floor to the second floor. Investigators are unsure why the children went to the second floor rather than exit the house, but once they did, egress through the first floor was blocked by the fire.

The situation could have been much worse, said Pavilion Chief Paul Dougherty.

"They were very lucky to get out given that they ran to the second floor first," Dougherty said. "They could have easily been trapped on the second floor."

An instinct of young children, Dougherty said, is to run to a bedroom, where they think they will be safe.

The fire was reported at 10:10 a.m., when a passerby spotted flames and smoke. The initial emergency call went to Livingston County dispatchers.

The location, 8029 Telephone Road (Route 20) is less than a half mile from the county line.

The kerosene-fueled fire spread quickly and there was no hope of saving the structure by the time firefighters arrived.

“By the time we got here, fire was coming out almost every door and window, top and bottom floor," Dougherty said.

There was no attempt to fight the fire from the inside give how quickly the fire spread and that the first chiefs on scene were told everybody got out of the structure safely.

"Had somebody reported that there were still people inside that would have changed our thinking," Dougherty said. "Because this was not a life-threatening situation, and because the fire is already coming out to us, it kind of dictated an exterior attack."

Later in the fire, after firefighters were mainly dealing with smoldering hot spots, water supply became an issue. Pumper trucks were picking up water from a hydrant at Asbury Road, but the water pressure was low for some reason, even after Monroe County Water Authority was notified of the fire in progress.

The blaze was knocked down pretty quickly by Pavilion's engine, which has a brand-new compressor system to allow firefighters to use foam instead of water to fight a fire.

The foam doesn't evaporate as quickly as water and penetrates wood better, making for faster fire suppression.

The compressor just went into service Saturday.

"The foam system multiplies the capacity of the truck and we're able to get a much quicker knock down with a lot less water," Dougherty said.

Also responding to the fire were Le Roy, Bethany, South Byron, Stafford, Alexander, York and Caledonia with Bergen on standby. The Sheriff's Office, State Police, Mercy EMS and Genesee County Emergency Services provided scene support. City of Batavia's FAST Team also responded.

UPDATE: A little more information, and different information from a press release just put out by the Sheriff's Office. The press release says all four children were upstairs with Rosenbaum, age 26, when a 3-year-old went downstairs and discovered the fire. The home's owner is Teresa Martinez. She said the heater was operating when she left for work at 6:30 a.m.

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A house fire has been reported at 8029 Telephone Road (Route 20), Pavilion.

The call initially came in through Livingston County.

A resident reportedly has a back injury.

Pavilion Fire Department with mutual aid from Le Roy, Alexander and neighboring counties requested along with City of Batavia FAST Team.

UPDATE 10:26 a.m. (updates by Billie): Asbury and Linwood roads are being shut down at Telephone. Caledonia is called to provide mutual aid and stand by in Le Roy's fire hall.

UPDATE 10:30 a.m.: Mercy Medic 1 has arrived to care for the patient. Caledonia is also called for all available equipment and manpower. York is called and Engine 5 from Wyoming County.

UPDATE 10:41 a.m.: The American Red Cross is being notified that aid will be needed for the residents.

UPDATE 10:49 a.m.: Bergen is standing by in its quarters and Mumford is standing by in Le Roy's hall. National Grid is on its way to the scene. The Red Cross will be advised that the residents are one adult and four children.

UPDATE 11:03 a.m.: National Grid is on scene. Fire command says "Let's cut a hole and get this thing ventilated." They're going to cut a hole in the roof to get the heat out and fight the fire on the second floor.

UPDATE 11:14 a.m.: A relative is said to be coming to the scene to take the children elsewhere.

UPDATE 11:18 a.m.: The firefighters will soon assemble at fire command so everyone can be accounted for. Operations at this point are at a standstill. Overhaul is the next step.

UPDATE 11:24 a.m.: Everyone is asked to come away from the structure immediately. Fire command is informed that there are no explosives or ammunition inside the house. But there are sounds of something popping inside.

UPDATE 11:32 a.m.: Bergen was released from standby in its quarters awhile ago.

UPDATE 11:36 a.m.: Overhaul is under way. They are dousing hot spots.

UPDATE 11:39 a.m.: A firefighter tells command he thinks "the popping sounds are just the house settling."

UPDATE 11:41 a.m.: The Red Cross representatives are going to the scene and from there will go to the hospital where the injured person was taken, not sure which hospital.

UPDATE 11:45 a.m.: According to the fire commander, all occupants are accounted for and safe. The fire is believed to have started when a child accidentally knocked over a kerosene heater on the first floor. The father got the kids out of a window on the second floor, then jumped out, injuring his back.

UPDATE 11:56 a.m.: "We've got an excavator coming that's going to tear (the structure) down and rip it apart."

UPDATE 12:04 p.m.: Wyoming County Correctional Facility is asked to send prisoners to the scene to help out. The Le Roy Fire Auxiliary is called to provide refreshments.

UPDATE 12:24 p.m.: Help from the correctional facility will not be needed and the request is cancelled.

UPDATE: Photos submitted by Julie Matusak:

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This week St. Mark’s Episcopal Church in Le Roy kicks off a 12-week fund drive to raise money for building repairs and restoration.

Over the next three years, the ultimate goal is to raise $100,000 for the work that needs to be done.

The current building dates to 1872. Necessary repairs include a new boiler system, the repointing and sealing of some exterior stone walls of the church and the bell tower and repair of the protective frames on the church’s stained glass windows.

“A successful campaign will enable us to strengthen our church for its ministry now, and in the future,” says Robert Giacumo, campaign chair.

St. Mark’s ministry to the Le Roy community extends well beyond its beautiful worship space. The Sunshine Nursery School, a nonprofit preschool, has called St. Mark’s home for more than 20 years. The church building also provides meeting space for AA groups, scouting troops, community events, free musical concerts, and more.

St. Mark’s also actively supports the Le Roy Christian Community Project, the Backpack Club, Grace’s Kitchen, a free summer lunch program for children and teens at Mill Street Park, the Le Roy Food Pantry, and the Salvation Army.

You are always warmly invited to join in regular Sunday worship at 10:30 a.m.

Your gift of support, no matter the size, will help insure that St. Mark’s remains a vital place for worship and ministry to the wider community for years to come.

For more information regarding St. Mark’s Restoration and Capital Fund Campaign, please call the church office at 768-7200.

A proposal by Gov. Andrew Cuomo to curtail sales tax exemptions on new development and redevelopment projects could hurt such projects locally, according to City Manager Jason Molino and Steve Hyde, CEO of the Genesee County Economic Development Center.

"Losing the ability to offer state portion of sales tax exemptions dilutes our financial assistance offerings at the local level," Hyde said. "That hurts since we remain the 49th most expensive state to do business in."

Nearly all projects that come to the Industrial Development Agency for assistance and the promise of job growth receive a sales tax exemption on building materials, plant expansion and/or new equipment.

The City of Batavia has been aggressively pursuing projects that redevelop commercial parts of the city -- called "brownfield redevelopment" -- and the loss of the sales tax exemption could be a setback for those plans.

While Molino is reserved in his judgement since the governor's budget is still in the early proposal phase, he said if the elimination of sales tax exemptions goes through, it won't be good for Batavia.

"I think it has the potential to negatively affect any economic development effort that would use sales tax exemptions as part of its model for development," Molino said.

Hyde said much of the redevelopment necessary in the city won't qualify for the state's "excelsior program," which provides tax credits for strategically targeted industries, so maintaining the sales tax exemption is critical.

"We can support some really exciting things developing in the city to the fullest extent possible," Hyde said.

The Buffalo News carried a story this morning about how the budget proposal will be a setback for redevelopment in Buffalo.

Hyde encouraged constituents to reach out to the governor's office and express concern about the proposal.

"This topic is important as community development projects will be negatively impacted considerably and those are the lifestyle projects important to our  residents," Hyde said.

Shawn Robert Klineline, 30, of Batavia, is charged with criminal possession of a controlled substance and possession of a controlled substance not in original container. Klineline was stopped for alleged traffic violations at 12:59 a.m. Saturday by Deputy Patrick Reeves, and found allegedly in possession of a non-prescribed controlled substance not in its original container.

Jeffrey Russell Hamill, 34, of Attica, is charged with DWI, driving with a BAC of .08 or greater and speeding (76 in a 55 mph zone). Hamill was stopped at 1:43 a.m. Saturday on Route 77, Pembroke, for allegedly speeding by Deputy Patrick Reeves.

Justin Michael Beverly, 23, of Creamery Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings in a no-passing zone. Beverly was stopped at 1:37 a.m. Saturday on Warboys Road, Byron, by Deputy Jason Saile.

Gary Wayne Wornowski, 30, of East Aurora, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right, possession/consumption of alcohol in a motor vehicle and inadequate muffler. Wornowski was stopped at 11:30 p.m., Jan. 1, on Route 5 in Pembroke, by Deputy Patrick Reeves.  Wornowski was recently issued a summons to appear in Town of Pembroke Court at 5:30 p.m., Feb. 28.

Kathleen R. Cramer, 49, of 4 South Lyon St., Batavia, is charged with petit larceny. Cramer is accused of shoplifting from Dollar General.

Kenneth W. Cook III, 19, of 108 Oak St., Batavia, is charged with criminal contempt, 2nd. Cook was allegedly observed with a person he is ordered not to contact. Cook was jailed on $1,000 bail.

Melissa G. Betances, 31, of 180 1/2 Pearl St., Batavia, is charged with criminal contempt, 2nd. Betances is accused of sending text messages to a person protected from contact by court order.

Booker T. Ricks III, 41, of 7 Chestnut St., Apt. 1, Batavia, is charged with criminal contempt, 2nd. Ricks is accused of violating a stay away order of protection.

Press Release:

Assemblyman Steve Hawley (R,I,C-Batavia) is promoting a pair of grant programs aimed at boosting dairy farming in New York State. Governor Andrew Cuomo recently announced the initiatives, which will double financial incentives for renewable bio-energy projects to reduce electricity costs and help dairy farmers develop plans for expansion and growth.

“Here in Western New York, farming is an integral part of our economy and our way of life,” Hawley said. “These grant programs will help our dairy farmers continue to provide top-notch products and create the jobs that our region relies on. I commend Governor Cuomo for stepping up to the plate for our dairy farmers and I encourage our local farmers to explore the benefits these grants can provide.”

The initiatives include:

• The Anaerobic Digester Biogas-to-Electricity Program (ADG), which will double the maximum incentive amount from $1 million to up to $2 million per installation for farmers who install equipment on their farms that turns organic waste produced by cows into electricity;
• and the Dairy Acceleration Program (DAP), which will provide grants and coordinate funding and technical programs to help farmers interested in expanding their operations or increasing their efficiency.

Press release:

Batavia-based Grease Lightning, founded and operated by local residents Ben and Jackie Thompson in 2009 have just launched their most ambitious expansion to date as 11 new locations opened January 15th -- seven in suburban St. Louis, three in Indiana and one in Illinois.

This brings their total number of fast lube and repair shops to 40 in five states. Grease Lightning’s Batavia-based shops are Grease Lightning at 4003 W. Main St. and Castrol Premium Lube Express at 50 Liberty St.

Grease Lightning’s shops have owner/operators at the local level and the company is interested in finding prospective owners to help grow what has been for the last three years the fastest-growing independent chain of fast lube locations in the U.S.A. The company also has car and truck rental, towing and detail operations.

Interested parties who would like to own a location should contact Ben Thompson by calling 716-649-9374. You can find the company on the Web at www.mygreaselightning.com.

Black smoke is reported coming from a Dumpster at the Quality Inn, 8200 Park Road, Batavia.

Town of Batavia fire responding.

A chief on scene confirms smoke from the Dumpster. It's about 50 feet from the building.

UPDATE 4:40 p.m.: Town of Batavia back in service.

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Deputy Brian Thompson said it felt a little like Hansel and Gretel on Route 63 this morning, but it wasn't bread crumbs he was following -- it was bits and pieces of a mangled car.

Orleans County Sheriff's deputies had arrested a man for allegedly driving drunk and his car was badly damaged from an apparent accident.

Thompson got the call about 8 a.m. to try to find the accident location, which authorities believed was somewhere between the Walmart in Batavia and Orleans County.

"That's a big area to search," Thompson said.

He started at the Orleans County line and headed south on Route 63. 

Besides car parts, Thompson said there was a long, large gouge in the roadway from the wheel assembly of the car, which had lost a front tire and rim in the accident.

The Genesee County Sheriff's Office was first alerted to a possible intoxicated driver just before 5 a.m. when dispatchers received a report of a badly damaged red car heading north on Route 77.

The car was never located in Genesee County.

At 5:28 a.m., the Orleans County Sheriff's Office received a report of a red car heading north on Route 63 with sparks flying from under the car.

A short time later, an Orleans County deputy located a man walking in the Sanderson/Water Works area. Deputies later found the car, which was missing both front fenders, the front license plate and a tire and rim.

Thompson found the first evidence of an accident about a 10th of a mile inside Genesee County, where a car had struck a bridge, which is where the vehicle lost its right front tire.

Dispatchers then received a report from a resident on Judge Road that a mailbox had been knocked over. Thompson proceeded to that location and found more car parts, including what appears to be the missing license plate from the red 2001 Olds Alero located in Orleans County.

According to Thompson's accident report, the Alero was westbound on Judge Road and failed to keep right, crossing into and across the eastbound lane.

The Alero struck a mailbox at 1376 Judge Road.

The vehicle continued westbound, across the lawn of the residence and then struck and destroyed a concrete survey marker.

The car continued on to property at 1378 Judge Road, striking a tree stump and bush.

The driver is identified as 21-year-old Brandon M. Sponaugle, of Ridge Road, Medina.

An Orleans County dispatcher confirmed the driver of the car had been charged with DWI but had no further information available this morning.

Thompson's report indicates Sponaugle was allegedly driving on a suspended license. Additional charges are pending in Genesee County.

"I don't know how he made it as far as he did," Thompson said. "I'm glad no one was killed, that's for sure."

Jeffrey Russell Hamill, 34, of Attica, was charged with DWI, aggravated DWI, and speeding after a traffic stop on Route 77 in Pembroke about 1:43 this morning.

A few hours later, Hamill crashed his vehicle on Route 238 in the Town of Darien and had to be transported by Mercy Flight to Strong Memorial Hospital in Rochester with a possible head injury.

According to Corfu Assistant Fire Chief Brian Schollard, Hamill called his girlfriend to give him a ride after being charged with DWI in Pembroke. After being processed on the charges by the the Genesee County Sheriff's Department, his girlfriend drove him to his vehicle. He proceeded to drive toward Attica and she followed him in her vehicle. 

About 4:40 a.m. Hamill's vehicle went off the road on Route 238 near Griswold Road in Darien. It went down a ravine, striking a tree before coming to rest. Side and front air bags were deployed.

Hamill was not seriously injured, but had an altered level of consciousness and a possible head injury.

Genesee County Sheriff's Office is investigating and charges are pending.

Two longtime rivals, the teams representing "Genesee Hardware" and "Pino Vincenzo" returned to annual "Snow Ball" battle Saturday in Williams Park.

The two teams started a tradition of playing a winter softball game as youths, and didn't play a match for about 20 years before returning to the park last year.

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Bullet holes from a single shot were found in the engine compartment today of a car that was parked at Walmart the night of Jan. 22.

State Police investigators have been looking into the incident ever since the report was filed on it that evening.

Today, Investigator Andre Dunlap received a call after a local mechanic spotted a hole in the transmission of a car.

That was an unexpected twist in the case that so far has not led to an arrest.

Multiple law enforcement sources have said there may gang affiliations involved with the shooter and possible target and the shooting may be related to a prior incident months ago in the City of Batavia.

Dunlap said the owner of the car noticed the vehicle was not running right and that when the weather turned cold, the car wouldn't heat up.

The driver took the vehicle to a mechanic who had worked on the car previously and he put antifreeze in the radiator. The radiator immediately began to leak, so he replaced it.

When the owner got the car back, after a few days, it still didn't seem to run right and then it stopped working altogether.

This morning, the mechanic put the car on a lift and that's when he noticed the bullet hole in the transmission. Fortunately, he still had the old radiator and upon closer inspection, he found a bullet hole in the radiator, too.

There was also a hole in the compressor for the air conditioner.

But a thorough search of the engine compartment failed to turn up the actual bullet, and Dunlap suspects it fell to the ground at Walmart after hitting the transmission.

The investigation into the shot fired at Walmart is ongoing and no further information is available at this time.

A 21-year-old Alabama man remains in jail, accused of rape, after he allegedly forced a woman he knew into sexual intercourse as his way to settle an argument.

The man is accused both of forced intercourse and forced sexual contact, according to State Police.

Matthew R. Smith, of Lewiston Road, is charged with rape in the first degree and sexual abuse in the first degree.

He was jailed on $10,000 bail and is scheduled to reappear in Alabama Town Court at 1 p.m., Feb. 7.

Smith has been ordered to have absolutely no contact with the woman.

When I drove over to Williams Park this afternoon, I expected to find a group of grown men playing softball in 19-degree weather. I didn't expect find a football game.

Dozens of Batavia residents were in the park today for a six-team tournament sponsored by Ri-Dan's Brewery on West Main Street Road, Batavia. One of the players told me putting the tournament together was kind of a last minute thing and he thinks there will be more winter football in the park.

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UPDATE: Tony Ray sent the following info: "The team who won the flag football tournament: Team Game Over won the finals 28-14 going 4-0 on the day. Players are Tony Ray, Andre Kinder, Derek Kinder, Dale Buck, Travis Schultz, Ryan Gugel, Aaron Gugel, Jared Hyatt, Ramon Andino, Casey Busenbark, Chaz Weese."

Photo submitted by Tony Ray: