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Dog runs under stopped car and refuses to leave

By Howard B. Owens

Dispatcher: "You're going to love this one: At State Street and Washington, a couple pulled up to the intersection and stopped at the stop sign. A dog ran out and run under the car and now refuses to come out."

I'm not making this up.

Something meaningful for the Oak Street Roundabout

By Howard B. Owens

Work crews were planting plants in the middle of the Oak Street Roundabout today, which reminded me of a few conversations I've had around town recently -- what to put in the middle of the roundabout? Mere plants won't do.

There should be something important and meaningful there.

And in thinking about it -- it's Batavia, it's Oak Street -- what would be more meaningful and appropriate than a statue of John Gardner, and perhaps the word "LOVE"?

So there's a suggestion: Let's get a committee together, raise some money and make it a little shrine to Batavia's most famous literary figure.

Home on State Street has apparent natural gas leak

By Howard B. Owens

National Fuel is being asked to respond to 232 State St., Batavia, for a ruptured gas line.

Fire crews were originally dispatched because of a report of natural gas in the area.

The pipe is outside the house, right by the basement.

Officials have been unable to contact the residents.

UPDATE 6:36 p.m.: Batavia Fire has managed to shut off the gas, awaiting National Fuel.

UPDATE 6:49 p.m.: Batavia Fire going back in service, National Fuel on scene.


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'Cinderella' off to a good start

By Gretel Kauffman

Last night, young and old alike (some dressed in costumes) enjoyed the opening of "Cinderella," the Rotary Club's 61st musical production. The enthusiastic crowd was enchanted by the tale of the evil stepfamily, handsome prince and pumpkins-turned-carriage, directed ably by Patrick Burk. 

The show opened with ballet-style dancers, a theme that continued througout the show. Paul Spiotta, as the Herald, had the first musical number, his talents setting the bar high for the rest of the show as he proclaimed that "the prince is having a ball." Fortunately, the rest of the show reached the bar easily.

The evil stepmother and stepsisters, portrayed by Jane Burk, Deanna Spiotta and Caryn Burk, entertained everyone with their bickering and over-the-top antics. Whiny, glum Joy and giggling airhead Portia were audience favorites.  

Esteemed Rotary vet Cheryl Maier was the perfect Fairy Godmother, returning to the stage for her ninth Rotary show. Alex Balbi, Shawnie Woeller and Eric Waples also had solid performances as the King, Queen and Prince, providing both comic relief and some sweet romantic moments. 

Rachel Oshlag was a lovely Cinderella, emulating charm and sweetness in her first singing role since her school days.

"I've known Rachel since she was in high school," audience member Patty Pacino told me, "and she is Cinderella." 

"We are very proud of her, and the rest of the cast," her father, Jeff Oshlag, said.

All in all, "Cinderella" makes for an enjoyable evening for the whole family. All of the audience members I spoke to had positive things to say about the show.

"I think this is very enjoyable," said Don Fryling. "It's very entertaining."

Pacino agreed with him:  "I've seen this show before. This one is even more charming. I never knew my dentist could juggle. And I'd never seen Paul Spiotta in tights."

There are three performances remaining: tonight and Saturday at 7:30 p.m. and a Sunday matinee at 2.

Man accused of stealing car from Tonawanda arrested by Lancaster Police

By Howard B. Owens

An Oneida County man who allegedly stole a car from a residence on the Tonawanda Indian Reservation is in the Genesee County jail today following his arrest by the Lancaster Police Department.

Jeffery M. Wisinski, 38, of 7484 Lake St., Vienna, was stopped by Lancaster Police for alleged traffic violations. By that time, the car he was allegedly driving had already been reported stolen.

Before turning Wisinski over to the Genesee County Sheriff's Office, Lancaster charged him with criminal possession of stolen property, resisting arrest, unlawful use of a vehicle, obstruction of governmental administration as well as numerous traffic violations.

Wisinski reportedly tried to flee from police, who gave a brief chase, in the 2007 Dodge Charger that was reportedly stolen.

The case started on Sept. 11, 2:10 a.m., when Sheriff's deputy responded to a report of a suspicious person at the Rez Smokeshop. Upon arriving, deputies found a neighboring garage had been burglarized and the car was missing.

Yesterday, Wisinski was turned over to the Sheriff's Office and he was taken to Town of Alabama Court, where he was arraigned on charges of burglary in the third degree and grand larceny in the third degree. He was jailed on $500 bail.

The investigation was conducted by Deputy Kevin McCarthy, Investigator Timothy Weis, with assistance from deputies Parker and Diehl, as well as State Police.

Tenney jailed, but not yet sentenced in embezzlement case

By Howard B. Owens

Paul R. Tenney will spend tonight in jail, even though he was not sentenced today for admitting he stole more than $106,000 from Elcon, Inc..

Judge Robert Noonan agreed to postpone sentencing Tenney until he gets proof that Tenney attended an in-patient treatment program for substance abuse.

But there's no reason to let him go free since he apparently violated the terms of his pre-sentencing release. Plus, Tenney has purportedly trained his replacement at Elcon on its finance system, so his freedom is no longer warranted in that regard.

Elcon owner Edmend Leising told District Attorney Lawrence Friedman that Tenney wasn't all that cooperative. But the issue seems to be resolved.

"(Leising) is not asking for anything further at this point," Friedman said.

Attorney Gary Horton said he didn't understand Friedman's statement.

"He said he’s been at Elcon every day and trained the person hired to replace him," Horton said.

Local man given chance to prove he's not the man who drove drunk, resisted arrest

By Howard B. Owens

Court officers this morning talked about two men -- the Paul G. Grazioplene who is a local businessman, involved in youth sports and various community activities and a friend to many community leaders, and the Paul G. Grazioplene who was allegedly abusive to police officers the night of his arrest on a DWI charge.

Judge Robert Noonan took both descriptions into account this morning when he sentenced Grazioplene, owner of Extreme Sports, to four months in jail and five years probation.

The 43-year-old Batavia resident will serve an initial 15-day stretch and then serve the remainder of his term intermittently, from 8 a.m. Monday to 8 a.m. Wednesday every week until the four-month obligation is met.

He also was ordered to pay a $2,000 fine.

"I've sentence dozens of felony DWI cases every year," Noonan said. "Only a small portion of people are as good as you are, and only a small portion of people are as bad as you are. You are entirely two different people. We have letters from important people, leaders in the community. Community leaders think you're an entirely different person than you were on the night of this incident and at other times prior in your life."

Always prior to sentencing, defendants are offered a chance to make a statement, but many times defendants either decline to make a statement or say a few quick words about how sorry they are. But Mr. Grazioplene spoke for several minutes of his embarrassment and regret for the burden he's placed on people who rely on him.

"These people depend on me and I can do this (reform his conduct)," Grazioplene said. "Now I'm backed up against a wall and it's like fourth down and forever for me. Give me a chance to prove to that I can do this, and I will."

Noonan expressed some skepticism that Grazioplene can get past his bad behavior, but thought he deserved enough of a chance not to be locked up for six-straight months as District Attorney Lawrence Friedman requested.

"I'm going to give you enough taste of jail that you've got time to think about it," Noonan said. "You've got a hurdle ahead of you and it's a high one. You just told me you’re sure you can make it over that hurdle. I’m not so sure."

Woman who admitted to burglary jailed prior to sentencing

By Howard B. Owens

Following a tearful morning in court, a Caledonia woman is in jail after allegedly failing to abide by the terms of her release under supervision while awaiting sentencing for burglary in the second degree.

Nicole L. Green, 23, cried before Judge Robert Noonan entered the courtroom, weeped during a brief hearing, and cried while hugging a companion before being led away by a bailiff.

Green pled guilty Aug. 31 to burglary after being accused of stealing jewelry and guns from a friend's house in Le Roy. She also reportedly refused to return a borrowed car.

This morning, Green was not sentenced on that conviction.

Green, whom her attorney said is pregnant, reportedly missed appointments with Genesee Justice and failed to pass substance-use tests.

Attorney Ann Connor told Judge Noonan that because of her pregnancy, Green should be allowed to remain free, but Noonan flatly rejected the suggestion.

"The pregnancy would be at higher risk at liberty than in custody," Noonan said.

Police Beat: Alleged speeding leads to marijuana arrest

By Howard B. Owens

Kyle R. Thill, 20, of 1469 Lewiston Road, Alabama, is charged with driving while impaired by drugs, speeding (going 53 in a 40 mph zone) and unlawful possession of marijuana. Thill was reportedly stopped by Deputy Patrick Reeves at 1:16 a.m. on Nov. 1 on Knowlesville Road in Alabama.

Michael Willard Mairrose, 20, of 4111 S. Main St. Road, Batavia, was picked up on a DWI warrant from Town of Stafford Court. He was jailed on $500 bail.

James Valentino Brown, 20, of 162 Peck St., Rochester, is charged with criminal possession of marijuana. Brown was allegedly found in possession of marijuana while at College Village. He was jailed on $250 bail.

Jeremy Scott Yantz, 29, of 214 Ellicott St., upper, Batavia, is charged with DWI. Yantz was taken into custody on a warrant stemming from a previous arrest.

Today's Deals: Settler's, Alex's Place, Delavan's, Pudgie's and more

By Howard B. Owens

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Herbly Wonderful, 3701 Pearl St., Batavia, NY: Winter teas, spices and fall colors for your home in stunning floral arrangements and seasonal wreaths are now available at Herbly Wonderful. We have a $25 gift certificate for $11.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Fall colors are here, and with Pudgie's you an cozy-fy your home with a range of decoration ideas. We have a $25 gift certificate for $12.50.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Brighten up your home or office with flowers! We have a $20 gift certificate for $8.50.

SOLD OUT

Driver who fled scene of Walker Road accident still at large

By Howard B. Owens

A driver involved in an accident on Walker Road last night apparently fled the scene and is still at large this morning.

A helicopter from the Erie County Sheriff's Department was brought in to help locate the suspect and law enforcement officers searched the area on the ground, but the suspect was not found by 2 a.m. and the search was called off.

Investigators are following up this morning, trying to contact the possible driver.

The plates on the car came back to a man from Hamilton, Ohio. A small amount of blood was found on the air bags.

The car came off the road at a curve and hit an embankment. Sheriff Gary Maha said the cause of the accident was likely unsafe speed.

Initial Report.
 

Careful driving out there

By Howard B. Owens

We're hearing reports again this morning of frosted, slick roads, especially, possibly, in the east part of the county.

There was some overnight precipitation with freezing temperatures (some might call it snow, but what we saw wasn't exactly light and fluffy).

The current temperature in Batavia is 29 degrees and expected to remain at or near freezing until 9 or 10 a.m. The temperature should climb into the 40s by early afternoon, with plenty of sun.

Snow covered roads causing problems for drivers

By Howard B. Owens

Within the past few minutes, two minor accidents in the Le Roy and Bergen area have been reported. In both cases, it sounds like cars slid off the roads.

A fire chief said, "We have snow covered roads. It's slippery. You can't see the double yellow line. You (dispatch) might want to call DOT."


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Smell of smoke in apartment on North Lake Avenue, Bergen

By Howard B. Owens

Bergen Fire, with Le Roy in mutual aide, is being dispatched to 17 North Lake Ave., Apt. 4, Bergen, for the smell of smoke and a circuit breaker that keeps tripping.

UPDATE 12:01 a.m.: Le Roy is being put back in service and being dispatched to a minor, non-injury, vehicle accident on Old State Road near Route 19.

UPDATE 12:15 a.m.: Bergen Fire is back in service.


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Driver trying to hide following accident in Alexander

By Howard B. Owens

Alexander Fire and Darien Ambulance as well as law enforcement are being dispatched to a motor-vehicle accident at 2198 Walker Road.

The driver is reportedly trying to avoid detection. His air bags deployed and there is reportedly blood on the air bags.

The driver is trying to hide in some weeds.

UPDATE 11:31 p.m.: The car has Ohio plates. The driver is not currently in sight. Fire personnel are heading to the area with flares and night-vision goggles.

UPDATE 11:55 p.m.: Because of the size of the area, law enforcement has been unable to seal off the area. The search continues.

UPDATE 11:58 p.m.: A K-9 is not available. The State Police helicopter is being called in.


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Person found unconscious on Judge Road

By Howard B. Owens

A passerby reportedly found an unconscious person on Judge Road in Alabama who may have been struck by a motor vehicle.

The first firefighter on scene reported the individual was conscious by the time he arrived and was highly intoxicated, though may have been struck by a car.

Mercy Flight is on standby and Mercy EMS is in route.

Hundreds spend hours in line for flu vaccine

By Howard B. Owens

Rain, sleet and snow didn't keep several hundred people from trying to get flu vaccinations today at County Building Number 2 in the Town of Batavia.

At one point, the line snaked outside and around the side of the building. Seniors, parents and children were waiting two or more hours for either a shot of the seasonal flu vaccine or the H1N1 nasal mist.

A winter storm of sorts started not long after the clinic doors opened, and by then the line  already stretched well outside the building.

"I was standing in the rain and snow out there a little while before and I was thinking, I'm going to get a flu shot to prevent getting sick and I'm going to get sick standing in line in the rain and the snow, so I wonder if it's really worth it," Walter Kershenski said. He also happens to be Stafford Town Clerk, and said he stood in line for more than two hours.

There were reports of people driving from Orleans, Monroe and even Chautauqua counties for the vaccinations, and apparently, nobody was being turned away for the free vaccines.

Interim Health Director Randy Garney said the Health Department was expecting to provide at least 500 doses of vaccine in two hours, but had received an extra shipment of seasonal flu and H1N1 vaccine just days ago.

"I figure, two hours, that's going to be about all we're going to be able to process, but we're going to keep the clinic open as long as there is a line," Garney said.

"With recent events that have taken place, we were expecting a large crowd," Garney said.

Rosemary Sero, of Oakfield, said all the reports of people getting sick with H1N1 and especially the death of a Pembroke student, has her feeling very cautious about taking care of her two young daughters.

"They're using a lot of hand sanitizer," she said. "They wash their hands a lot. I tell them not to touch their face."

Ricky Palermo honored for aiding those with spinal-cord injuries

By Billie Owens

Ricky Palermo has spent nearly 30 years working tirelessly to help find a cure for spinal-cord injuries.

On Dec. 4, UMMC and the Jerome Foundation will recognize his efforts when he is given the 25th Annual Health and Humanitarian Award at a luncheon at Terry Hills Restaurant in Batavia.

Both foundations are honoring Palermo for three decades as a national research participant, and for his regional advocacy and local fundraising on behalf of curing spinal-cord injuries.

Wes Audsley, CEO of Genesee/Wyoming counties' YMCAs, cited Palermo's tireless efforts to find a cure for spinal-cord injuries when choosing him as a nominee. Palermo was injured 28 years ago in an accident which left him paralyzed from mid-chest down.

"This humble man has contacts and influence in all corners of our community, based solely on the content of his character and the sincerity of his work. Everyone takes Ricky's call, everyone contributes to Ricky's cause, and everyone feels better for the experience of knowing and working with Ricky," said Audsley in a press release.

The Miami Project is the world's most comprehensive spinal-cord injury research center and is based at the University of Miami's Miller School of Medicine. It was the inspiration for Palermo's drive to raise funds and awareness for those with spinal-cord injuries.

In 1997, Palermo and his family started the Ricky Palermo Foundation. Since then, it has raised $500,000 in support of the Miami Project, United Memorial Medical Center and the Genesee/Wyoming counties' YMCAs.

Palermo is a member of the Board of Directors of the Genesee County YMCA, where he has developed an exercise program for those with spinal-cord injuries. His foundation offers free rehabilitative exercise opportunities for people suffering from paralysis, regardless of the level of injury. It also offers counseling and hope, says Audsley. The program is funded by contributions to Palermo's foundation.

The Health and Humanitarian Luncheon is open to the public. Reservations can be made by contacting the United Memorial Medical Center Foundation at 344-5301. Seating will be limited so early reservations are recommended.

Le Roy youth arrested for allegedly attempting to buy an unlicensed gun

By Howard B. Owens

A youth in Le Roy has been arrested by undercover agents for allegedly trying to buy an unlicensed handgun.

The youth is not being identified by the Sheriff's Office and the case is being turned over to family court.

Members of the Local Law Enforcement Drug Task Force were called into the investigation to help with the arrest after the Sheriff's Office learned that the youth was making inquiries in the Le Roy area about buying a gun.

The youth is being charged with attempted criminal possession of a weapon in the third degree.

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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