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Law and Order: Parolee accused of possessing needle

By Howard B. Owens

Michele L. Difalco, 25, of West Main Street, Batavia, is charged with possession of a hypodermic instrument. Batavia PD assisted NYS Parole at the residence of Difalco. Difalco was allegedly found in possession of a hypodermic instrument.

Dustin M. Fleming, 26, of Telephone Road, Le Roy, is charged with unlawful possession of marijuana. Fleming was arrested after Batavia PD officers responded to Denny's Restaurant to investigate a complaint of an intoxicated person at that location. Fleming was found allegedly in possession of a small amount of marijuana and a glass pipe.

John Thomas Harley, 35, of Rich Place, Lacawana, is charged with operating with a suspended registration and aggravated unlicensed operation, 2nd. Harley was arrested on a warrant upon his release from the Erie County Jail. Following arraignment in Darien Town Court, he was jailed on $500 bail or $1,000 bond.

Three-car accident with injuries at Route 98 and Federal Drive

By Billie Owens

A three-car accident with injuries is reported near the intersection of Route 98 and Federal Drive. It is blocking traffic. Town of Batavia fire and Mercy medics are responding along with law enforcement.

UPDATE 6:05 p.m.: The northbound lane(s) is blocked.

UPDATE 6:08 p.m.: To accommodate traffic flow, they are going to alternate southbound and northbound using the southbound lane. Another ambulance is called. There appears to be no fluids leaking from the vehicles.

UPDATE 6:13 p.m.: Two patients will need evaluation, but no transportation is likely.

UPDATE 6:28 p.m.: A female is being transported to UMMC with complaints of neck and lower back pain. This was rear-end accident involving four cars.

Batavia student named to dean's list at St. Lawrence University

By Billie Owens

Sarah M. DiBacco, of Batavia, has been selected for inclusion on the dean's list for academic achievement during the Fall 2013 semester at St. Lawrence University. DiBacco, a member of the Class of 2016, is majoring in chemistry. She graduated from Batavia High School.

To be eligible for the dean's list, a student must have completed at least four semester units and have an academic average of 3.6 based on a 4.0 scale for the semester.

About St. Lawrence University:

Founded in 1856, St. Lawrence University is a private, independent liberal arts institution of about 2,400 students located in Canton. Visit www.stlawu.edu.

Photos: Preschoolers get visit from Batavia fire

By Howard B. Owens

Four-year-old Aubrey was thrilled to have Lt. Bob Fix, Batavia FD, hoist her into the seat of Ladder 15 during a visit by the fire department to Imagination Station, the day care and preschool on Union Avenue.

Insource receives urgent care designation

By Howard B. Owens

Press release:

Insource Urgent Care Center of Batavia Receives Certified Urgent Care Designation from the Urgent Care Association of America

Insource Urgent care Center of Batavia, located in the Batavia City Centre, has received the Certified Urgent Care designation which distinguishes it as a true urgent care center.  The clinic provides patients with walk-in, extended-hour medical attention with licensed providers for a large scope of medical conditions and has met all of the Urgent Care Association of America’s established criteria.

The health care environment is changing and it is becoming more and more important for patients to understand their treatment options.

Urgent care is a convenient and viable option for medical conditions that cannot wait for a scheduled appointment with a primary care physician.  Insource Urgent Care accepts unscheduled, walk-in patients during all hours of operation.

When a medical condition cannot be handled by a patient’s regular doctor – such as unexpected cuts, burns, sprains or fractures that do not require a visit to the emergency department, Insource Urgent Care is equipped with x-ray, laboratory services and a licensed provider is always available to perform minor procedures like casting and suturing.

Urgent care fills the gap between primary care and hospital emergency rooms, offering increased convenience and cost savings. 

With its certification, Insource Urgent Care and the Urgent Care Association of America demonstrate their commitment toward providing patients with access to appropriate levels of care.

Possible vehicle fire reported on Vine Street

By Howard B. Owens

A possible vehicle fire is reported on Vine Street, across from John Kennedy School.

Batavia fire is responding.

UPDATE 9:40 p.m.: No fire. Smoke from oil leaking on a manifold.

Possible shed fire on Porter Avenue in the city

By Billie Owens

A possible shed fire is reported on Porter Avenue. City fire is responding.

UPDATE 7:15 p.m.: A firefighter on scene reports it's "a charcoal grill just getting started." The city is back in service.

Dog found malnourished showing signs of recovery, now in foster care

By Howard B. Owens

Nina Kelso certainly has her supporters -- friends and family members who have argued passionately on Facebook and on The Batavian that those who judge her and heap insults upon her and even threaten her don't know the full story.

She would never abuse an animal and her dog was ill not from mistreatment, they say, but because he unintentionally ate something toxic.

Darren Dewitt:

Don't judge this one too soon. I've known Nina for years and something is off with this whole deal. My understanding is that the dog was dying and instead of having the vet put it down she let it live out its days at home with the family. The court has the final word.

Lynda Kelso:

Can't help it when a DOG does what DOGS do and gets into something and it makes them sick. ... He got sick and was vomiting. How do u loose weight when u get sick? He was weak from what he ate. They were trying to get food in there right down to baby formula.

Nina Kelso's case began at 6:08 p.m., Feb. 4, when Sgt. Chris Camp and Officer Jamie Givens responded to a report on Hutchins Street of a malnourished dog.

When they arrived they spotted a canine inside that, according to the officers, was emaciated and couldn't stand on its own.

Dr. Fran Woodworth of State Street Animal Hospital was contacted to assist with the health care of the animal.

Woodworth said she arrived at the aninmal hospital around 7:30 and found a dog that was severally malnourished.

"He was emaciated and mentally he was dull and disoriented," Woodworth said. "I don't know how much of that was starvation or, the officers told me that his owner said he had gotten into potentially toxic substances, cigarette butts and incense oil or something along those lines, and that was why he was in shape in that he was in and had lost all that weight in just a couple of days. I don't know if he had gotten into some toxic substances, but he was definitely mentally not normal. He was just very depressed."

The dog had an intestinal infection, pressure-point sores and was blind.

Animal Control Officer James Sheflin began his investigation into the case the morning after the dog was brought to State Street. He took pictures and examined the dog and consulted with the District Attorney's Office on possible appropriate charges against Kelso (she was charged with torturing or injuring an animal, failure to provide sustenance, and owning/harboring an unlicensed dog).

"Honestly, he's the worst shape I've ever seen," Sheflin said. "The sores were over all his entire body. His feet were swollen two or three times what they should have been. His nails were overgrown. He literally didn't have enough strength to stand up. All he could do was lay down."

State Street staff monitored the dog's progress, unsure during those first 12 hours or so if the dog was going to make it.

But after 12 hours, the dog showed enough progress to warrant continued treatment.

Soon, he gained enough strength to stand up and he showed an interest again in eating.

The dog was brought in on a Tuesday and by Saturday it was in good enough health to be transferred to a foster family through Volunteers for Animals.

It's impossible to tell for sure, Woodsworth said, whether the dog ate anything toxic.

"Toxins are typically very short-lived," Woodsworth said. "They do their damage and then there is no sign of them in any blood test. They are gone. There was nothing in the blood work that was tagged as a sign of a toxin."

There's no indication the dog was brought to a vet for treatment prior to Camp and Givens picking them up, Woodworth said.

"He was overloaded with intestinal worms," Woodworth said. "There were pressure sores on all contact points, particularly his elbows and hind legs from being recumbent for so long. He hadn't eaten in weeks and was weak. That kind of emaciation doesn't just happen overnight.

"As far as I know," Woodworth added, "the owner never sought out veterinary help. What the dog needed was better nutritional care and parasite control and better health maintenance."

Woodworth isn't sure why the dog is blind or if the blindness will last. It's a problem in the dog's brain, not with the dog's eyes, she said.

That could be caused by a toxin, she said.

His mental state, depression, could also be the result of a "toxic insult," Woodworth said.

If the dog did ingest something toxic, veterinary treatment sooner would have been advised, she said.

"In fairness to her, the problems that I saw in the dog were primarily starvation and being recumbent too long," Woodworth said. "I didn't find any injuries inflicted by being kicked or being abused violently in that manner."

Woodworth is hopeful about the dog's improving health even if the prognosis isn't yet settled. The dog is in a good place now and that can only help him recover.

"It's too early to say if he will recover his sight," Woodworth said. "He retained his blindness after getting back on his feet, but he's acting normal otherwise. It was a joyful thing for us to see him on his feet and be interested in food by the next morning. He became rather attached to one of our technicians and began begging her for treats. He really showed some dramatic improvement in a short amount of time."

The Batavian tried to contact Nina Kelso through Facebook earlier today so she could tell her side of the story and have not received a response.

UPDATE: Nina Kelso contacted me about an hour after this story was published and said she prefers not to comment while her legal case is pending.

PHOTO: Batavia PD.

Car crash on Ross Street

By Billie Owens

An accident involving two or three vehicles is reported at 24 Ross St. and it's blocking traffic. Unknown injuries. City police are responding. Arguments are reported. "It's that time of day," says the dispatcher.

Police seek ID of driver whose car struck a teen on State Street

By Howard B. Owens

Batavia PD is looking for the public's assistance in identifying the driver of a hit-and-run vehicle that struck a 17-year-old Batavia resident Feb. 5 on State Street.

The youth was transported to UMMC with non-life-threatening injuries.

The vehicle is described as a black, two-door sedan with a white license plate and the letter "D" at the start of the plate number.

The vehicle was occupied by two white individuals.

The accident was reported at 7:45 a.m. on State near Fairmont Avenue.

Anyone with information that may assist in the investigation can contact Batavia PD at (585) 345-6350 or through the City’s Web site located at http://www.batavianewyork.com/police-
department/webforms/report-suspicious-drug-or-criminal-activity.

Car crash at Oak and Richmond in the city

By Billie Owens

A two three-vehicle accident is reported at Oak Street and Richmond Avenue and it is blocking traffic. A female is complaining of chest pain. City fire is responding along with Mercy medics and traffic control is needed.

UPDATE 1:12 p.m.: A female driver with complaints of chest pain is being taken to UMMC for evaluation. City Engine 11 is back in service.

Law and Order: Pavilion man accused of driving other people's vehicles without permission

By Howard B. Owens

Jason M. Babbitt, 40, of Pavilion, is charged with two counts of unauthorized use of a motor vehicle and aggravated unlicensed operation, 2nd. Babbitt was arrested following a complaint investigated by State Police of a possible stolen vehicle from a location in Covington. At about the same time the initial complaint was reported, a vehicle was found in a ditch on Taylor Road, near the location of the reported stolen vehicle. Following further investigation by troopers and Wyoming County Sheriff's deputies, Babbitt was identified as the suspect and they allege he drove another vehicle without that owner's permission. Babbitt was jailed on $5,000 bail.

Robert W. Plantiko Jr., 39, of Thorpe Street, Batavia, is charged with endangering the welfare of a child. Plantiko is accused of not providing proper care to a child in his custody. Plantiko was jailed on $100 bail.

Christina M. Cadieux, 53, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and no or inadequate headlamps. Cadieux was stopped at 7:18 p.m. Feb. 4 on Pearl Street by Officer Felicia DeGroot.

Norman E. Bastedo II, 39, of Pringle Avenue, Batavia, is charged with unlawful operation of an ATV on a public highway and depositing snow on a public street. Bastedo was charged following an investigation into an accident reported in February on Pringle Avenue, Batavia.

Kimberly A. Beagle, 45, of Park Place, Perry, is charged with petit larceny. Beagle is accused of shoplifting from Tops.

Joseph C. Parnell, 19, of East Main Street, Batavia, is charged with criminal nuisance, 2nd. Parnell is accused of allowing an underage drinking party to gather at a residence. Also charged, Benjamin D. Polk, 21, of East Main Street, Batavia. Bradley L. Rodda, 19, of East Main Street, Batavia, is charged with maintaining a premises for unlawful conduct. Joshua J. May, 19, of East Main Street, Batavia, is charged with unlawful possession of marijuana and criminal nuisance.

Chercal Arieal Smith, 18, of Bank Street, Batavia, is charged with criminal possession of stolen property, 5th. Smith is accused of possessing a stolen mobile phone and using that phone for several days.

Brian Lee Smith, 52, of Colonial Boulevard, Batavia, is charged with three counts of criminal contempt, 1st, and 65 counts of criminal contempt, 2nd. Smith is accused of violating a stay away order of protection by sending numerous e-mails, leaving several voice mails and visiting the residence of the protected person.

Christopher Patrick Abdella Sr., 45, of Galloway Road, Batavia, is charged with criminal contempt, 2nd. Abdella is accused of sending several text messages to a person he was barred by court order from contacting.

William John Dale, 40, of Franklin Street, Dansville, was arrested on a warrant related to a petit larceny charge. Dale was a passenger in a vehicle stopped in by a deputy in Livingston County and turned over to the Genesee County Sheriff's Office after being identified as a warrant suspect. Dale was jailed on $200 bail.

Filling vacant homes a growing need for City of Batavia

By Howard B. Owens

Of the past half decade, vacant and abandoned homes have become problem in Batavia, according to City Manager Jason Molino.

Vacant and abandoned homes bring down residential home values in the immediate area, attract crime, suck up city resources with code enforcement and police responses and eventually the city ends up paying for property clean-up.

On the other hand, a vacant home filled with a family adds $20,000 in retail buying power to the city's economy.

"Vacant homes are a burden on any municipality," Molino said. "Whether it's the resources we have to use to address them, the lack of buying power because of the vacancy, the deterioration of the home itself or the deterioration of the neighborhood around it, there's a lot of studies, a lot of data on the impact of vacant and abandoned homes and they have a negative impact."

Over the past two years, the City of Batavia has taken properties taken in foreclosure for lack of property tax payments and deeded the properties to Habitat for Humanity.

The program has proven a resounding success, Molino said. Properties restored by Habitat have increased in assessed value by 30 to 40 percent and are occupied by families that take care of the properties.

"You've got owner-occupants who take pride in their home," Molino said. "It's a good program. I wish we could do more of it."

One of the tasks for the yet-to-be-hired assistant city manager will be to look at ways to get more vacant and abandoned houses into the hands of responsible homeowners.

"With continued focus and leadership the city could make an aggressive effort to target four or five properties annually with more partnerships similar to that with Habitat for Humanity," Molino wrote in a report to City Council. "This includes several initiatives such as attempting taking title of abandoned properties quicker, greater accountability of mortgage holders and partnering with not-for-profits for rehabilitation and investment in these properties."

Monday night, the council approved the sale of four house seized for back taxes (six properties total). The houses are at 5-7 Buell St., 6 Madison Ave., 3 Manhattan Ave., and 11 S. Spruce St.

So far, there's no deal in place to deed one or more of the homes to Habitat, but Molino said such an arrangement is still possible. If an agreement is reached, the council would have to approve the transfer.

No date has been announced for auction of the seized properties.

Photo: Milkweed pods in the snow

By Howard B. Owens

While on Harvester Avenue today I spotted these milkweed pods popping out of a snow bank next to the Batavia Cemetery.

Water main repair Thursday on Chestnut near Jackson Street

By Billie Owens

Press release:

The Water Department will be making a repair to a water main on Chestnut Street near Jackson Street on Thursday, Feb. 13. This will result in Chestnut Street and Law Street being closed to thru traffic beginning at approximately 8:30 a.m.

Repairs may result in temporary water service interruption or discoloration in the vicinity of the intersection of Jackson and Chestnut.

Council member makes impassioned plea for his colleagues to oppose expanding gaming in WNY

By Howard B. Owens

John Deleo made an impassioned plea to his fellow City Council members Monday night to support a resolution calling for a ban on further expansion of gambling facilities in Western New York.

But he couldn't convince Rose Mary Christian.

Christian was the lone council member voting against the resolution because she didn't see it as necessary.

"It's important we share in this opposition," Deleo said. "We need to be opposed to any more casinos because we're already at a point of over saturation, so this is very important."

According to the resolution, the Seneca Nation is planning to buy land in Henrietta in order to build a Vegas-style casino near Rochester.

Batavia Downs draws a lot of customers from Monroe County, Deleo said.

“The Seneca Nation is looking at building a casino in Henrietta,” Deleo said. “It would definitely hurt us. The barbarians are at the gate.”

Batavia Downs generates income for local governments in 11 WNY counties, including $3.5 million for Genesee County, on gross annual revenue of $215 million. It employs 460 people in Batavia with an annual payroll of $5 million.

Members of the New York Legislature and the governor's office will receive copies of the resolution passed on a 8-1 vote by the council.

New city firefighter contract eliminates two positions in 2018, cuts healthcare in retirement for new hires

By Howard B. Owens

The city and the union representing city firefighters have come to an agreement on a new contract that won't have much near-term impact on city spending, but should mean cost savings in the future.

The contract will allow the city to eventually eliminate two firefighter positions and will save the city the expense of providing health insurance in retirement to firefighters hired after the contract was implemented.

"We've been getting every union to agree to that moving forward," Molino said.

Firefighters will get a 2.75-percent pay increase for the current year.

The contract also calls for: an increase in qualifications in order to serve as acting lieutenant; new hires' participation in the wellness program provided for other city employees; random drug testing; and changes to paid leave.

The fire department currently has four vacancies. Instead of being required to fill all four vacancies this year, the city will be able to fill one vacancy a year for the next four years.

Currently, there are 36 union positions in the department -- 28 firefighters and eight supervisors. Under terms of the new contract, which runs for five years, the city will be able to eliminate two firefighter positions in 2018.

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