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Le Roy resident wins $1 million off lottery scratcher

By Howard B. Owens

Press release:

A last-minute trip to the grocery store for a package of hoagie rolls proved to be a life-changing moment for Carol Pursel of Le Roy. On the way out of store, the 57-year-old mother of two caught a glimpse of the new The Color of Money scratch-off ticket in the store’s lottery vending machine. Pursel, the officer manager at her husband’s auto repair shop in Limerock, decided to try her luck on the new ticket.

“I scratched it in my car and saw that I had a match on the Jackpot amount,” recalled Pursel. “I ignored it thinking maybe it was a mistake, but then I figured I should go back in the store and check.”

Pursel took her ticket to the Customer Service counter where they verified it was a $1,000,000 winner.

“I asked them, “So what do I do now?’ ”

Pursel matched the number 29 on the upper and lower sections of her The Color of Money scratch-off game, making the working mom the first lottery player statewide to win the $1,000,000 top prize. The $5 game went on sale March 6.

Pursel purchased her winning ticket on March 12 at the Tops Markets on West Main Street in Le Roy. She claimed it at the lottery’s Customer Service Center in Rochester on March 15.

“I put off claiming it until I had a chance to talk to my accountant to prioritize where the money will go.”

The top prize on the lottery’s The Color of Money scratch-off is paid as $50,000 a year for 20 years. Pursel will receive a net check totaling $33,090 through 2031.

“My daughter is getting married this summer, so some will go toward that,” said Pursel when asked about her plans for the prize. “It will certainly come in handy all around.”

Ways and Means approves appointment of new youth bureau director

By Howard B. Owens

The Genesee County Youth Bureau -- which also runs Batavia's program -- has a new director, Jocelyn Sikorski.

Sikorski, who has worked for the bureau for 13 years, most recently as program coordinator, was tops in a field of four candidates.

The Ways and Means Committee voted unanimously Wednesday to recommend to the full legislature approval of her appointment, and to approve her change of status into the management tier of the county's salary structure.

Sikorski will earn $44,209 in her new position.

The Batavia High School graduate is married, lives in Genesee County, and is the mother of a 6-year-old and a 9-month-old. She also attended Genesee Community College and has a bachelor's degree, which she completed while working for the county full time.

Earlier this year, previous Director Deb Kerr-Rosenbeck retired.

Sikorski said she isn't planning any big changes for the youth bureau.

"I think a lot of what we’ve been able to bring into the county over the past couple of years with federal and state grants have really expanded our services," Sikorski said. "I just look to continue doing that, either through those avenues or other avenues that may come along."

Former reporter takes aim at Miss New York title

By Howard B. Owens

Brittany Baker has been selected by the Miss New York-USA pageant to represent Genesee County in the upcoming competition, but since there is no local event to crown her Miss Genesee, Baker asked the county legislature on Wednesday to give her permission to use that title.

Members of the Ways and Means Committee didn't feel the title is theirs to bestow, but they had no objection to her being called Miss Genesee in the competition.

Baker said she was told she needed a letter of support.

"What if I am Miss New York and go on National TV," Baker said. "I think it would be a great thing if I started out as Miss Genesee."

Legislator Ray Cianfrini said that he didn't see an issue with the legislature not objecting and offering its best wishes on her effort, but since nobody really owns the name "Genesee" it wasn't the legislature's place to grant her that title.

A graduate of SUNY Brockport, where she majored in broadcast journalism, Baker is a former staff writer for the Batavia Daily News and The Batavian.

After the meeting, Baker said she's already received a good deal of support from the community for her effort -- Salon VIP did her hair; Photos by Roth took her portfolio shots; and Next Level Fitness has provided her with a gym membership.

Next, she'll be looking for sponsors to help her raise the money necessary to enter the competition.

When the Oakfield-Alabama grad goes to New York City, she'll still be a relative rookie in beauty pageant competitions.

She admitted to the legislators that she hasn't spent a lifetime preparing to be a beauty queen, to which County Manager Jay Gsell said, "What? There isn't a picture of you as a 2-year-old in a tiara?"

"If you find a picture of me as a 2-year-old, it’s out somewhere in a cornfield in Basom," Baker said.

Law and Order: Byron man accused of stealing, using debit card

By Howard B. Owens

Matthew Joseph O'Connor, 19, of Byron Holley Road, Byron, is charged with grand larceny, 4th, and unlawful possession of marijuana. O'Connor is accused of stealing a debit card from a friend and using it in Genesee and Monroe counties to make purchases and ATM withdrawals. At the time of his arrest, O'Connor was allegedly found in possession of a small baggie of marijuana.

Lacey M. Muntz, 28, of Maltby Road, Oakfield, is charged with petit larceny. Muntz is accused of stealing license plates from a vehicle she did not own.

Paul Uzarowski, 41, of Genesee Road, Pembroke, is charged with DWI, driving with a BAC 0f .08 or greater, failure to dim headlights and consumption of alcohol in a motor vehicle. Uzarowski was stopped at 8:57 p.m. Tuesday on Route 77 in Pembroke by Deputy Patrick Reeves.

Man accused of sex acts with a toddler

By Howard B. Owens

A 40-year-old Batavia man is accused of committing sexual acts on a 2-year-old over a three-month period.

James Little Jr. is being charged with three counts of criminal sexual act in the first degree.

Batavia PD released no further information on the case.

Little is scheduled to reappear in Batavia City Court on April 18.

Health department serves 'Buddha' with notice, Lang gives potpourri samples to be tested

By Timothy Walton

A day after The Laughing Buddha announced that it was willing to cooperate with officials, owner Jay Lang was served a notice from New York State Health Department, banning him from selling potpourri over the counter. 

Lang said Tuesday he had voluntarily removed his products from the shelf days earlier, but now he's not permitted to restock them, according to the notice. 

"The health department stopped in this morning and told us we couldn't sell our products anymore," Lang said. "They were very polite and we cooperated fully. We gave them samples of our products that they will be testing for the banned cannabinoids.

"I also spoke to Det. Crossett (Batavia PD) this morning and he informed me that this is a civil matter and not a criminal matter," Lang added.

If he were to restock, the state could fine him up to $1,000. 

Local health department officials confirmed that Lang gave them samples and that tests would be done, but could not tell us exactly what was being done or being tested for, since it was being handled at the state level and not county level.

Products that are being tested include the potpourri that sells under the name White Rhino, Hammer Head and Yum Yum. 

"If the tests come back in my favor, I can restock the shelves," Lang said. "If they come back against me, they will let me know what compounds need to be changed to make the products legal." 

Lang has fifteen days to present proof that his products do not constitute a danger to the health of the people of the State of New York.

Since The Batavian first started following the story, numerous news stations have also picked up on this local story. 

Previous coverage: 

Photo by Howard Owens

Photo: Richmond Mausoleum

By Howard B. Owens

I've taken pictures of the Richmond Mausoleum before, but while I was on Harvester Avenue today, a gorgeous early spring day, I had an idea for a different approach (at least for me) to the shot. This is the result.

Merrill Lynch announces new office in Masse Gateway

By Howard B. Owens

Masse Gateway -- a redevelopment project partially funded by NYS grants -- has its second tenant.

Merrill Lynch Global Wealth Management is building a new office -- that someday could employ 18 people -- in one of the former tractor factory buildings.

Martin G. Anderson, a director out of the Buffalo office, said Merrill Lynch has had its eye on Batavia for five years and those long-range plans are just coming to fruition.

"We know our clients in Batavia do not want to drive to Buffalo or Rochester to do business," Anderson said.

The office will initially open with 11 employees, including some brokers who were once with the old Smith Barney office in Batavia and jump shipped years ago to Merrill Lynch.

"This is going to be a bit of a homecoming for them," Anderson said.

Among them is Joshua Dent, a Bethany native who will manage the new office.

Previously, local business Creamy Creations announced it was moving to Masse Gateway.

There is 60,000 square feet available in the redevelopment project.

Merrill Lynch anticipates opening the office Aug. 1.

Top photo: Anderson and Dent with Julie Pacette, community development coordinator and Tom Mancuso, owner of Masse Gateway. Bottom photo, Mancuso, Dent and Anderson with City Manager Jason Molino during a meeting with the local media.

Batavia Enclosures celebrates graduation from BIC to its own facility

By Howard B. Owens

It was graduation day for Batavia Enclosures at the Batavia Industrial Center this morning.

The 24-year-old company is moving to its own 27,000-square-foot building, which will help better meet the needs of the growing enterprise.

Leonard Roberto founded the Batavia Enclosures in 1988 with only $6,000 in the bank.

"We didn’t have a name, no company, no product," Roberto said. "I just believed it was something I wanted do, so I quit my job and came here to Batavia and rented 4,000 square feet. I had no equipment and no customers. That’s how we started. My faith was that it would happen and it did happen."

Batavia Enclosures makes precision-engineered cases and racks for electronic companies. The additional space will allow it to introduce new manufacturing processes, including powder coating.

Roberto said the firm, which now has four employees, will likely add four or five workers with the expansion.

Meanwhile, he and his sons have started a second business called Savage IO, which manufactures a server -- a computer that stores and serves data to other computers over a network. That's where the big opportunity lies -- in the server industry -- which he says is currently the fastest-growing industry in the world.

Savage IO is potentially a multi-multi-million dollar company, Roberto said, and much of the space of the new building is intended to accommodate growth.

BIC President Tom Mancuso presented Roberto with a certificate of graduation in a ceremony at Moonjava Cafe in the Harvester Center and congratulated Roberto on his company's growth.

Roberto thanked Bank of Castile for facilitating the purchase of the new building.

Batavia PD releases annual report for 2011

By Howard B. Owens

In 2011, the Batavia Police Department responded to 16,991 calls for service and logged more than 154,000 patrol miles, according to a report released by the department.

Overall, the crime rate was up slightly in 2011 over 2010, but still down from the 2009 rate.

The rate in 2011 was 35.12 (an index computed by city population). In 2010, it was 34.93, and in 2009 it was 37.20.

There were 376 criminal arrests in 2011, compared to 575 in 2010.

Calls for service in the city peaked in 2007 at 17,707 and dropped off dramatically in 2008. The number has increased each year since and was 16,581 in 2010.

The detective bureau field 479 cases and pursued 396 criminal investigations.

There were 399 larcenies reported in 2011; 95 burglaries; 12 motor vehicle thefts; 32 assaults; zero murders; and 10 rapes.

The rape total was the highest of any of the past six years.

Besides rape, there were 20 total sex crimes reported in the city, down from 25 in 2010.

DWI arrests were up from 36 in 2010 to 47 in 2011.

There were 499 motor vehicle accidents reported in the city in 2011. That's down from a recent high of 528 in 2009.

In all, police officers inititated 3,517 traffic stops in 2011 and issued tickets for 1,054 moving violations.

A total 1,413 parking tickets were written.

The full report is available as a PDF. Click here to download.

Photo: Easter Bunny downtown

By Howard B. Owens

The Easter Bunny is downtown today, hanging out outside the Enchanted Florist on East Main Street.

Batavia Downs announces annual scholarship race

By Howard B. Owens

Press release:

Batavia Downs Casino will continue to enhance education, both of the sport of harness racing as well as classroom academics, by continuing its scholarship program for its third consecutive year.

The $7,500 one mile Dash for the Cash will be held on Saturday night, Sept. 15.

Five area high school seniors from the graduating class of 2013 will participate. The schools can use any criteria they wish to pick their students. This year’s participating high schools are Batavia, Notre Dame of Batavia, Elba, Pembroke and Alexander.

Kaley Falkowski of Batavia High School with professional Jim Mulcahy alongside won the inaugural event. Last year Elizabeth Shuknecht representing Elba High School with professional Jim Graham took top honors.

Beginning in August, the five participating students will attend at least five training sessions at the track with their professional to learn the safety and skills needed to drive a racehorse. Then between the fourth and fifth live harness races on Sept. 15, they will line up behind the starting gate and compete for scholarships checks of $3,000, $2,000, $1,200, $800 and $500.

“The enthusiasm in the crowd leading up to the race is amazing and it brings an entirely different demographic to the racetrack,” said Todd Haight, general manager of live racing. “These kids train very hard and definitely come away with a better understanding of our sport.”

Again the scholarship event is co-sponsored by the horsemen, breeders and owners of Western New York through the Harness Horse Breeders of New York State, the Western New York Harness Horsemen's Association, Buffalo Raceway and Batavia Downs Casino.

Batavia Downs Casino, America's oldest lighted harness track, opens for its 66th racing season on Monday, July 23, for 72 racing dates with a new post time of 6:25 p.m. Racing will be conducted on a Sunday afternoon, Wednesday, Friday and Saturday night basis in August. For more information, visit www.bataviadowns.com.

Laughing Buddha owner pulls potpourri, but believes statewide ban violates constitutional rights

By Timothy Walton

Last week the New York State Health Commissioner issued an order prohibiting products that fall under the umbrella heading of “synthetic cannabinoids” from being sold in the state. These are items sold as “incense” and not for human consumption yet are often smoked as a substitute for marijuana.

Jay Lang, owner of The Laughing Buddha in Batavia, and his attorney say they believe the ban violates two forms of retailers' constitutional rights, one of which falls under the category of interstate trading. 

"After the ban, health department officials stopped by 'The Buddha' but we had already pulled our products that were questionable," Lang said. "I called my attorney and the legal team of the distributors, we all believe that the ban violates the individual rights and the rights of the distributors."

Lang, who recently moved his shop to 238 Ellicott St., claims he did not sell any of the banned items but voluntarily pulled any questionable items from his shelf last Thursday after hearing of the new mandate.

"I don't sell 'Spice' or bath salts," Lang said. "I never have. I sell potpourri. It's the same thing as if you go to your arts and crafts stores or your Big Box retailers. It's just that tattoo and head shops have been put under a microscope."

The items on the state's banned list include K2, Spice, Galaxy Gold, and Mr. Happy.

According to Lang, "Spice" was the trade name given to K2, that was banned more than a year ago. Since then, the distributors have made changes to their products in an attempt to legalize them again, he said.

Although some of the products have regained legal status, they still carry the label "Spice." He said that "Spice" is currently being used as the slang name given to the damiana leaf after it's been sprayed with synthetic cannabinoids. It only gets the "Spice" classification once it is sprayed.

"None of the products that I sell have been sprayed with any form of cannabinoids, which is why these products are still legal to be sold," Lang said.
"My attorney and the distributor's legal team have advised me to put my products back on the shelf, although for the time being, I am keeping them off (the shelf)."

Lang, who said he has NYS certified lab reports that classify his products as potpourri, has also put together a package to work with the health department and law enforcement regarding the products in question.

"I'm inviting the health department and law enforcement to inspect my questionable products," he said. "I have sample kits that I put together for them and I will even pay to have my products tested to prove that they do not contain any of the banned cannabinoids and that all they are is potpourri."

If law enforcement and the health department do not express interest in the testing and validating his products as legal potpourri, Lang plans to restock his shelves with the products.

Possible grass fire off Lehigh Avenue, Batavia

By Billie Owens

A possible grass fire is reported at 480 Lehigh Ave. in Batavia, "behind the water plant." City firefighters are responding.

UPDATE 2:52 p.m.: City fire is back in service.

'BigFoot Baler' is new demo at 7th annual Cool Kids! ECO-Fest on April 14

By Billie Owens

Press release:

Genesee Community College's Earth Club, Student Activities Office, and College Village are joining forces again with Cool Kids to produce the 7th annual Cool Kids! ECO-Fest – a fun-filled, educational event that increases awareness of important environmental issues while celebrating Earth Day.

All portions of the event are free and open to the public and scheduled from 10 a.m. to 2 p.m. on Saturday, April 14 at the Batavia campus. Both indoor and outdoor activities will be happening throughout the four-hour event, which winds down with the Eco-Raffle of great green prizes, including the Grand Prize -- a 21-speed mountain bike provided by Adam Miller Toy & Bicycles. (You must be present to win.)

Many of the popular eco-opportunities will be back, such as collecting residential e-waste, worn American flags, rubber sneakers, plus the Inflation Station with Sloat Tires, as well as the Wildlife Educators Coalition and a full display of worldwide artisans' work from One World Projects.

But there are also be some new green alternatives to explore and enjoy.

The largest and perhaps most dynamic new Cool Kids! ECO-Fest program in 2012 will be the live demonstrations of the "BigFoot Baler" happening on the west end of campus. This massive piece of equipment will be taking "ag plastic," which is the bale wrap, vegetable row covers, and bunk silo covers delivered by local farmers, and compacting the waste into 1,000-pound bales. These will eventually be recycled into plastic film, fencing, picnic tables, benches and other molded plastic items.

Without recycling, agricultural plastics end up buried on farms and nurseries, burned, or taking precious space in landfills. The BigFoot Baler has been made possible through NYS DEC and Cornell University's Recycling Agricultural Plastics Project (RAPP).

For scheduling efficiency in the compaction process, Conservation District Manager George Squires asks that all farmers participating in "ag plastic" recycling call the Genesee County Soil and Water Conservation District Office at 343-2362 before April 14. The BigFoot Baler requires the plastic to be free of mud and manure; soils, forage and stone should be shaken off and smaller pieces that can be handled by one person are preferred. GCC student volunteers will  assist with processing.

"Each year at Cool Kids! ECO-Fest, we try to introduce at least one major new initiative that explores the innovative facets of environmental sustainability," said Donna Rae Sutherland, Genesee's Earth Club co-advisor and associate director of Marketing Communications.

"Last year we began collecting worn American flags and demonstrating bird banding. Two years ago it was collecting rubber sneakers. This year, we welcome the BigFoot Baler! The annual Cool Kids! ECO-Fest leads the charge in helping everyone learn how they can play an important role, each and every day, in building a greener future. It's not hard. In fact it's fun and it really is 'way cool.' "

The bird-banding demonstration by Tom Klotzbach is also happening on the west side of campus near the college's Nature Trail. He is a local birding expert and researcher, as well as a GCC alumnus and employee. He is in the third year of a three-year bird-tracking project with more than 60 bird boxes located at GCC and on the western portion of the Ontario State Parkway.

The seasonal outdoor effort starts in early April when Klotzbach begins tracking various species of native and non-native birds. Through banding and biweekly nest box checks, Tom is collecting bird data such as age, sex, fat score and mass, which are used to study migration patterns with the U.S. Geological Survey.

The 7th annual Cool Kids ECO-Fest also includes more than 35 exhibits, presentations and activities, inside the college's forum and cafeteria. As in years past, hundreds of people of all ages are expected to attend the event enjoying environmental fun and educational opportunities, and the more green things they do – the more Eco-Raffle tickets they earn to increase their chances of winning the mountain bike.

Among the ways to earn Eco-Raffle tickets:

•    Donating residential e-waste or electronics such as old computers, monitors, calculators, TVs, VCRs, stereo equipment, video games, and microwave ovens (No other kitchen appliances, please.)

•    Donating paperbacks books for American troops overseas

•    Donating worn American flags for proper disposal by Sheppard, Maxwell and Hale

•    Getting your tire pressure checked by Sloat Tires Inflation Station

•    AAA mercury hood lamp switch-out (for 2002 or older cars)

•    Being an ECO-Fest volunteer

•    Wearing green

From kites to water bugs to tree saplings, eco-tips to digging fossils, treasured trash time or battery tests -- it's all free at the 7th annual Cool Kids! ECO-Fest.

Genesee Community College is also excited about two other Earth Day celebrations this spring emphasizing its commitment toward a greener future.

•    Street cleaning of R. Stephen Hawley Drive happens from 12:30 to 2:30 p.m., Thursday, April 12 with a post-cleaning pizza party sponsored by the college's Earth Club in the GCC cafeteria.

•    "Pillage the Village" from 11 a.m. to 5 p.m. on Thursday, May 10 is the end-of-year yard sale at College Village. The event is free and open to the public, and will be located near the Village Hall at College Village, 8170 Batavia-Stafford Townline Road in Batavia.

For further information on all college events contact Donna Rae Sutherland at 343-0055, ext. 6616, or email dsutherland@genesee.edu.

For more information on Cool Kids! and the list of "allowable recyclables," call The Cool Hotline at 637-3984 or www.generationcool.biz.

For a video on recycling agricultural plastic go to:

http://www.youtube.com/watch?v=i4wYB20HhHs&feature.related

Law and Order: Pembroke man accused of driving under influence of drugs

By Howard B. Owens

Francis Scott Smith, 18, of 2435 Angling Road, Pembroke, is charged with driving while ability impaired by drugs, aggravated unlicensed operation, failure to dim headlights and unlicensed operator. Smith was stopped at 1:45 a.m., Sunday, on Route 77, Pembroke, by Deputy Patrick Reeves.

A 16-year-old resident of Angling Road, Pembroke, is charged with aggravated harassment, 2nd. The youth is accused of making several threats by phone to harm another person.

Batavia man seriously hurt in accident in Wyoming County

By Howard B. Owens

A Batavia man is out of the hospital following a serious injury motor vehicle accident Friday on Route 77 in Sheldon.

Donald Rebmann, age not released, was transported to Erie County Medical Center by Mercy Flight with a head injury following the 4:46 p.m. accident.

According to the Wyoming County Sheriff's Office, another driver, Milesh Modi, of Mississauga, Ontario, Canada, was eastbound on Centerline Road when he allegedly failed to yield to a vehicle driven by Rebmann, who was northbound on Route 77.

Hetal Modi, a passenger with Milesh Modi, was transported by Mercy Flight to ECMC for back injuries.

A passenger in Rebmann's vehicle, Norman Rebmann, was transported by ambulance to Wyoming County Community Hospital.

Milesh Modi was taken by North Java Ambulance to WCCH for treatment of facial injuries.

Modi was issued a citation for alleged failure to yield.

The accident was investigated by Deputy John Button of the Wyoming County Sheriff's Office.

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