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The Geese Are Here: It Must Be Spring!

By JIM NIGRO

It was only last Sunday when Claudia and I saw our first flock of geese. By Wednesday the skies were filled with myriad waterfowl, a good sign that spring is almost here.

Spring offically arrives at 1:32 pm Saturday, March 20th, but thousands of geese can't be wrong. If their arrival signals an early spring, it's okay with me. 

While the larger ponds and marshes are still covered with ice, throngs of Canadas have been congregating in open fields and small patches of open water.

Some geese took advantage of the open water....

  while others waddled in slushy snow.

A lone goose glides over the phragmites.

Preparing to touch down.

The respite is over...

once again heading for an unknown destination.

All photos were taken off Roberts Road along the southern perimeter of the Iroquois National Wildlife Refuge. Special thanks to my grandson, Sammy, for his assistance!  

Photo: Bald Eagle in Alexander

By Howard B. Owens

Stacy Wirth provided this picture. She was driving on Brookville Road in Alexander today when she spotted the Bald eagle dining on a deer carcass.

St. Paul Lutheran School celebrates National Lutheran Schools Week

By Ethan Thompson

Every year St. Paul Lutheran School in Batavia celebrates “National Lutheran Schools Week”. It is a week dedicated to celebrating the uniqueness of Lutheran schools across the nation. This year St. Paul chose to make their theme “Numbered with the Saints.” So every day this past week they have had events that had to do with numbers and math. Yesterday the children invited their grandparents to come to the school to see what their usual day is like and also performed a play for them. Today was “The Math Olympics”. Each of the fourth and fifth grade students ran a different station which had to do with some kind of math. Then the younger children teamed up and went around to compete in each “event.” At the end of the day the team with the most points won a prize of treats and goodies.

The video below gives a quick glance at what the afternoon was like.

Fall down stairs takes the life of Darien Center man

By Howard B. Owens

A 57-year-old Darien Center man who fell down a flight of stairs in his home and struck his head on a hammer, died this morning at the Erie County Medical Center.

William Thomas was a retired carpet salesman and the father of five children.

The accident occurred around 7 p.m., Tuesday, and Thomas was taken by Mercy Flight to ECMC.

For the past 10-and-a-half years, Thomas was married to Marguerite. Together, they have 15 grandchildren.

"(Our time together was) way too short," Marguerite said this afternoon. "We were married right here on our property where we built our log home, right here in Darien Center. This was our dream."

She said Bill's accidental death hasn't really sunk in yet.

"He was a very healthy man," she said. "He loved me beyond belief and I knew that."

She said, "We were glued together."

Thomas served in the Navy in the 1960s, loved to ride his motorcycle and "had the best sense of humor of anybody you would ever want to meet."

There is no information available yet on funeral arrangements.

Car fire on Seven Springs Road

By Billie Owens

A car fire is reported at 8534 Seven Springs Road in the Town of Batavia. It is near the railroad tracks. Batavia Fire is responding.

Three residential wells on State Street Road contaminated by e-coli

By Howard B. Owens

(Updated 3:18 p.m.)

The wells of three homes on State Street Road in the Town of Batavia have been contaminated by the deadly bacteria known as e-coli, according to the county's Interim Health Director Randy Garney.

The likely cause of the contamination, according to Garney, was the spreading of manure on nearby farm fields.

The three homes are located between the airport and the Genesee County Emergency Management Office.

Residents contacted the health department Monday complaining about discolored water and a funny smell, Garney said. The water was tested on Tuesday and positive results came back Wednesday.

Resident Joe Pionessa (pictured), who has lived on State Street for 22 years, said his water tested positive for bacteria, but no e-coli, though he believed neighbors on both sides of him did have e-coli in their well water.

He said it wasn't a big deal. He doesn't drink water ("I know what fish do in it," he said), and he thinks his water has already cleaned up quite a bit (he dumped chlorine in it after noticing the funny smell on Thursday).

He doesn't want negative publicity for the farmer, whom he said he's known for years and he believes was following state guidelines.

"Stuff like this happens and he certainly didn't do anything maliciously," Pionessa said. "He was very apologetic. Shit happens, and this time it happened here."

Somebody, he said, possibly the farmer, left three cases of bottled water yesterday on Pionessa's front steps.

Letters have been sent to 44 of the surrounding home owners in both Batavia and Elba warning them of the potential contamination and asking them to contact the health department to have their water tested if they suspect any contamination.

The test is free.

Emergency Management Coordinator Tim Yaeger said test results of the well water at the county building came back negative this afternoon. Not that it mattered much, Yaeger said, since personnel there have drank bottled water since the day the facility opened.

Because the wells were contaminated from a ground water source, it's probable that the residents will never again be able to use the wells for potable water.

Town of Batavia Supervisor Greg Post said the Town has already started the process of helping the residents determine if they want to create a water district and hook their homes into the public water system.

This sort of contamination is a common issue in the Town of Batavia, according to Post.

"We anticipate that this will be an issue until every household in the community is on public water," Post said. "The only solution to this is to ensure that well water is no longer the primary source of water because all well water is at risk."

While the town doesn't supply water, they do have resources available to help with getting the engineering done, the cost analysis and setting up the process of putting homes on public water

"There is a process and we’re certainly already mobilized," Post said.

There was a similar problem on Ellicott Street Road two years ago, where a farmer was "guilty of farming" -- spreading manure in accordance with state regulations -- and more than 100 homes were effected by e-coli contamination. The town was able to help expedite the process of getting the homes on public water.

Hawley says Lt. Gov's fiscal reform plan is 'a start but needs work'

By Billie Owens

This is a statement by Assemblyman Steve Hawley concerning a proposed fiscal reform plan by New York's Lt. Governor:

“Last night, Lt. Governor Ravitch clarified his five-year fiscal reform plan to my colleagues and I in the Assembly Minority Conference. While I agreed with him on the need to cut out social ‘yum yums’, or giveaways in the state budget, I am specifically concerned with his proposal to increase state borrowing by $2 billion a year for the next three years.

"We are not going to solve the state’s fiscal crisis by increasing our borrowing and coming up with budgetary gimmicks. In order to truly close out the budget deficit and steer New York out of this fiscal crisis, we need to make real spending cuts. I look forward to working with the Lt. Governor and my legislative colleagues in the coming weeks as the budget deadline approaches."

Johnsons' Millennium Computers expands into smaller space

By Howard B. Owens

Growth is what most small business owners aim for, and Marc and Michelle Johnson reached an important milestone last month -- they moved from retail space they rented on East Main Street, Batavia, to a location on Washington Avenue that they own.

The Johnsons set up shop for Millennium Computers, founded in Batavia in 1997, in the former real estate office of Feary Cohen.

Marc Johnson said he had been planning for a couple of years to move Millennium into space he owned and bought vacant land on Washington next to the Cohen office a couple of years ago.

This past summer, he said, Howard Cohen called him and offered him the Feary Cohen space. It was a deal he couldn't pass up, he said.

"As an entrepreneur, you want to keep reinventing yourself," Johnson said.

While the new space is smaller, that's better Johnson said. It enables him and his staff to work more efficiently. They can handle multiple projects more easily.

It also helps that they were able to redesign the office -- which is based on a plan created by Michelle -- to suit their needs.

The office is designed, he said, for efficiency and openness, so that when needed, customers can work directly with the tech fixing or upgrading their computers.

And there's room to grow, either on the vacant parcel to the east or on the south side of the building.

"If business continues to increase the way it has over the past two years or so, I don't see any reason why we won't be able to expand," Johnson said.

Suspect in burglary has new attorney, but won't get second chance at plea agreement

By Howard B. Owens

Reginald Wilson, charged with burglary, 2nd, and facing a possible life prison term for his alleged part in a break-in on State Street in September, has a new attorney.

Wilson has hired Fares Rumi of Batavia. In court this morning for the change of attorney notice, Rumi politely asked Judge Robert Noonan if his client might have a chance to reconsider a plea offer he turned down a week ago.

"No Mr. Rumi, it doesn’t work that way," Noonan said. "His time is gone."

Rumi replied, "we're ready to proceed to trial."

The trial is scheduled to begin with jury selection at 9 a.m., March 29.

Wilson will be tried on charges of burglary 2nd and criminal possession of stolen property. If convicted of either, District Attorney Lawrence Friedman could ask Noonan to impose a life sentence.

The 37-year-old Rochester resident have five prior felony convictions.

Three other individuals were reportedly involved in the alleged burglary, which frightened a woman who was home at the time. Two of the alleged cohorts have said in statements that Wilson did not participate in the burglary.  One individual will testify that Wilson was there.

Wilson was arrested, reportedly, after beging caught driving a car stolen from the residence.

Previously, Friedman offered Wilson a felony conviction of possession of stolen property and 2- to 4-years in state prison.

In other court news:

Warren T. Cotton, accused of operating a meth lab at 13 Ross St., Batavia, will be arraigned in Federal court this afternoon on a charge possession with the intent to manufacture substances with a detectable amount of methamphetamine. The local charges against Cotton will be dropped.

Chad M. Johnston, 23, who admitted Feb. 24 to attempted burglary, 3rd, for a break-in at 15 Fairway Drive, Batavia, was sentenced today. Johnston will serve 1 1/2 to 3 three years in supervised parole. Johnston will first serve six months in a drug rehab program at Willard Drug Treatment Campus.

Police Beat: Charges of DWI and an alleged trespass

By Howard B. Owens

Rebecca Jo Cornell, 35, of 439 Sandhill Road, Caledonia, is charged with trespass. Cornnell is accused of going into the Batavia Target store after being barred from the store for allegedly shoplifting in January.

Robert May, 66, of 9339 Warsaw Road, Le Roy, is charged with DWI, consumption of alcohol in a motor vehicle and no or inadequate headlights. May was stopped at 7:27 p.m., Wednesday on Park Road by Deputy Bradley Mazur.

Blue Devils knock off Wellsville to advance to regional title game

By Howard B. Owens

After beating Wellsville (17-5) at the Blue Cross Arena last night 64-41, the Batavia Blue Devils advance to the Far West Regional title game.

Batavia will play Olean (20-2) at 4 p.m., Saturday, at Buffalo State College.

Co Co Irvin led the Blue Devils with 19 points. Andrew Hoy and Josh Budlong each added 15 points. Justin Washington scored nine points and had 11 rebounds. Budlong had 5 three-point goals.

Controlled burn in Stafford needs to be extinquished

By Howard B. Owens

Stafford Fire is being asked to respond to a large controlled burn at 6002 Griswold Road that needs to be extinguished.

Law enforcement is also being dispatched. The fire may be outside of new controlled burn regulations.

Stafford units are responding Code 2.

10:02 p.m.: Stafford units being put back in service.

10:20 p.m.: The pile of wood (possibly an old barn) would take significant manpower to extinguish, so an assistant fire chief and a DEC officer have advised the land owner he will need to watch the burn all night. All remaining Stafford personnel back in service.


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South Main Street family wonders what's next after losing home in accident

By Howard B. Owens

It's going to be a struggle to get through the next month, says Robin Lewin. She, her husband and two teenage daughters are living in an RV parked in the driveway of 28 South Main St., Batavia.

The house they rented there was knocked off its foundation Monday afternoon when it was struck by a truck reportedly driven 19-year-old Louis M. Reeb, of Corfu.

Reeb has not been charged with any crimes yet, but Lewin said investigators have been asking her and her husband questions.

Reeb remains in Strong Memorial Hospital in satisfactory condition.

The pickup slammed into the west side of the two-unit house and demolished the steps leading to the second-floor entryway. Two-by-fours now prop up the west wall.  The east wall is bowed and the cinder-block chimney is cracked at the seams between two blocks.

The second-floor tenant, Luz Castro, was nearly struck by the truck as she waited outside for her daughter's school bus. We have no word on where Castro is staying now, but the Lewin family is preparing to move.

They are getting their belongings out of the portion of the house they are allowed to access (at least one room is locked off because of safety concerns) and moving them to storage.

"I don’t know what we’re going to do," Lewin said. "My youngest daughter’s got three more months to graduate and after that we were going to leave state."

This month, she said, they don't really have enough money for necessities. Her mother, Barbara Waterstraw, a Newark resident, was visiting Monday and in the house at the time of the accident. She has sent some money to help, but Lewin said it's still not enough.

Her husband David works in landscaping, but that business hasn't started for the season yet.

David and Robin have two daughters, Amanda, who has graduated high school, and Danielle, who attends Batavia High.

"We’ll be fine by next month and then we’ll have money for heat and food and stuff like that," Lewin said. "We’ll be fine. It’s just that this month we’ll be struggling with everything."

It was a twist of fate that Robin was even home the day of the accident. She had originally been scheduled for heart surgery in Rochester, which was why her mother was in town, but after further examination that morning, her doctor determined the surgery was unnecessary.

"I was thinking, what would happen if he did the surgery and the girls were in the house all by themselves?" Lewin said. "They were going to stay by themselves for one night. I thank God that he let me come home. I just thank God nothing happened to them."

Car wreck at Liberty and Ellicott streets

By Billie Owens

A car accident is reported in the City of Batavia at Liberty and Ellicott streets. Law enforcement is told to approach from East Main Street because of fuel spillage.

Oakfield Presbyterian Church up for auction

By Howard B. Owens

Wanna buy a church? How would you like a nice big living room with stained glass windows? Perhaps you could turn the church into a restaurant or community theater? Or maybe you're a pastor with a growing congregation and need more space.

No matter what you might want to do with the space, you will have your chance to win the former Oakfield Presbyterian Church, 80 and 82 North Main St., Oakfield, at auction at 5:30 p.m., March 18.

The church and adjoining house -- the manse -- will be sold together with a starting bid of $20,000. The high bidder has the option to buy all the contents of the buildings for an additional $5,000.

The assessed value is $398,000, and current annual taxes are about $16,607. 

The church was built in 1890. It's 11,740 square feet. Besides the manse, there's also a one-car detached garage.

Potential bidders can check out the buildings at open houses 10 a.m. to noon on March 13 and March 17. The winning bidder will be required to make an immediate $10,000 deposit.

The auction is being conducted by Harris Wilcox, a Bergen-based company.

Early spring fishing off of Law Street

By Howard B. Owens

Zach Walsh casts his lure into an inlet of the Tonawanda Creek by Law Street, near where he lives. The 16-year-old said the inlet is one of his regular springtime fishing holes. Last spring, he said, he caught a pretty good pike there. Zach was kind enough to fill me in on a few other good spots right in the neighborhood.

Elba scores on high student graduation percentage in state report

By Howard B. Owens

Elba Central School District is leading Genesee County schools in the percentage of students who graduate from high school, according to a report released by the New York Education Department.

Elba's 97-percent graduation rate is well above the state average of 74 percent.

Superintendent Joan Cole told WBTA that teachers pay close attention to each student in Elba.

"Where there's a concern in terms of student academic performance or any other struggles a child might have in the classroom, we're able to right away address it through working with the family to make sure the students are successful," Cole said. "Teachers are very attuned to the kids."

None of the schools in Genesee County fell below the state average, but Alexander High came close, with a 76-percent graduation rate.

Batavia's rate was 81 percent.

Principle Chris Daly said because Batavia is larger and in a bigger population area, it has different dynamics to deal with.

"Our goal every year is to get to 100-percent graduation," Daly said. "We look to incrementally increase each year to get there."

He also faulted the state report for not considering the students who complete their education at BOCES, which may take five years.

"That sometimes delays graduation on time," Daly said. "The way the state counts it, they're not graduating on time, yet they'll come out with a skill that will earn them more than some college graduates will have for starting pay."

The other schools: Byron-Bergen, 87 percent; Le Roy, 86 percent; Oakfield-Alabama, 80 percent; Pavilion, 91 percent; Pembroke, 88 percent.

Batavia had 200 freshmen in 2005, the biggest class in the county. Elba's was the smallest, at 33. The next smallest was Alexander with 70.

(via WBTA)

Grand Jury Report: Woman accused of stealing more than $3,000 from Tonawanda

By Howard B. Owens

Jessica L. Culver (a.k.a Jessica L. Langmaid) has been indicted on a charge of grand larceny, 3rd. Culver is accused of stealing property between Oct. 29, 2008 and March 17, 2009 from Tonawanda Valley Federal Credit Union with a value in excess of $3,000.

Amanda J. Richardson is indicted on two counts for falsifying business records, 1st, and two counts of petit larceny. Richardson is accused of falsifying a money order record and of stealing $54 from the Mother Goose store in Elba on July 14. She's also accused of falsifying a deposit envelope and stealing $100 on July 24.

Union issues last minute appeal for more negotiations with county

By Howard B. Owens

A spokeswoman for the union that represents most county workers issued a statement this afternoon asking the County Legislature to table a resolution on tonight's agenda to freeze county employee pay.

Lynn Miller writes:

The legislature is expected to vote on the terms and conditions of the contract tonight following failed mediation and a fact-finding recommendation rejected, in part, by the union. CSEA had asked the county to return to the table to fine tune the fact-finding report. In addition, the union provided several alternatives for the county’s consideration.

“The fact-finding decision brought the two parties a bit closer, and with further talks an acceptable agreement may have been reached,” said CSEA Genesee County Unit President Debby Long. “We are disappointed the county manager turned down both our request to negotiate and the alternatives we offered."

Throughout negotiations, the county’s negotiator has asked for CSEA to agree to a “second tier” wage scale. The new scale would cut 10 percent from the salaries of newly hired county workers. CSEA considers that to be the major sticking point.

“Creating a second tier wage scale does little more than drive a wedge between employees,” Long said. “The county didn’t suggest any other union agree to the second tier. We do not believe it is in the best interest of the membership.”

Top Items on Batavia's List

Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
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