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Police Report: Woman accused of hitting deputy following property dispute

By Howard B. Owens

Shauna Clattanburg, 27, of Batavia, is accused of striking a Sheriff's deputy in the chest and then containing to hit the officer and yell obscenities while she was taken into custody. The incident arrose during a property dispute in Batavia at 11:38 yesterday. Clattanburg was charged with harassment and resisting arrest.

Charges pending in accident involving tractor on Main Street

By Howard B. Owens

The Sheriff's Office is investigating last evenings accident involving a tractor that struck four vehicles and pushed a car sideways down Main Street in Batavia, injuring at least two people.

See yesterday's coverage.

The tractor driver, Neil W. Phelps, 55, of Caledonia, could face charges pending the outcome of the investigation, according to a Sheriff's Office press release.

A passenger in one of the cars struck when the tractor first turned onto Main Street from Route 63 was taken to UMMC for non-life-threatening injuries.

Phelps was also taken to UMMC for evaluation.

The driver of the car pushed down Main Street was also treated later that evening for complaints of hip pain, according to Robin Ettinger, who identified herself as the driver's daughter in a comment left on The Batavian last night.

UPDATE: Dan Fischer at WBTA is developing the story further. He has more details and an audio interview with Tim Yaeger coming.

Online Exclusive: Roll top desk from Max Pies at $300 off

By Howard B. Owens

Through a special arrangement with Max Pies Furniture, 400 South Jackson St., Batavia, The Batavian is able to extend this special, online-only offer to its readers:

We are able to offer a solid oak roll top desk to readers of The Batavian at a $300 savings. This desk normally retails for $795.  You can use the PayPal button below to buy it online now for $495. (Sales tax and a $12 PayPal service fee will be added)

You can't buy this desk in the store at that price.

The winner of this exclusive item will be able to choose from an in-stock desk or custom order in one of the three available finishes: harvest distressed, glazed medium distressed or light distressed..

If you've ever dreamed of owning a roll top desk, here is your chance to acquire a quality piece of furniture at a substantial savings.

There is only one item available at this price and it is exclusive through
The Batavian. The winning purchaser will need to arrange to stop by The Batavian office to pick up a purchase voucher. Final arrangements to take delivery of the chair are made at the Max Pies location at 400 South Jackson St. This item will be available until it sells and only one at this price is available.

The voucher has no cash value, but can be used toward an upgrade purchase on another item.

Deliver is free in Genesee County.

To purchase this online exclusive from The Batavian and Max Pies Furniture, click the PayPal button below (this is the only way you can make this purchase -- this price is NOT available in the store).

If you're a local business owner and would like to offer The Batavian readers great deals either as part of The Deal of the Day or as an Online Exclusive, call me at 585-260-6970.

Batavia council asks manager to prepare report on switching Fire Department to volunteer force

By Howard B. Owens

The City of Batavia should seriously consider replacing the Batavia Fire Department with either an all volunteer, or partial volunteer force, Council President Charlie Mallow suggested during tonight's City Council meeting.

UPDATE: Audio of Mallow's speech provided by WBTA.

His call to have Jason Molino prepare a report on the idea before the council's next conference meeting met with broad support from the other council members, with at least five members backing his thinking and none of the rest raising an objection.

"We live in a city of 16,000 people with a fully funded fire department," Mallow said. "That is probably the most unusual thing you can come across. Our taxpayers are taking a pounding for $3.5 million that 16,000 people have to pay for every year. Can you imagine what we can do -- the town fire department is a little over $1 million -- what we could do with $2.5 million? We could fix their sidewalks in this city. Maybe we could fix our roads without begging for more from the state.

"It's going to take real leadership, because I tell ya, we all know what it took to get rid of that ambulance service and there's still people with signs up even though that issue has long since passed

"Speaking as somebody who is about the fly the coup, it's going to take somebody on this council or the next council to step up and do the right thing no matter how many signs people put up or how many phone calls they make."

Council woman Marianne Clattenburg immediately followed with a "Here, here."

Bill Cox, Bob Bialkowski and Rose Mary Christian all expressed support for Mallow's call for Molino to study up on the issue and prepare a report.

The discussion came in the middle of an agenda item about the car allowance for the city's fire chief, which was an issue put on the agenda by Cox.

"I don't want to argue about $4,000," Mallow said. "I want to argue about $2.5 million."

Cox said now is the time to act on the proposal, while the city's fire department is being run by an interim chief, so that the position wouldn't be changed in the middle of the term of a permanent chief.

The fire fighters union is already claiming a Taylor Law violation because the city voted to eliminate the city's ambulance service, and asked after the meeting if this latest proposal might really run afoul of the Taylor Law, Mallow said, "I've found that your best thing to do is just do the right thing. We did the right thing with the ambulance service and we got complaints because we did the right thing."

As for the car allowance, Molino said he is going to recommend to both the police and fire chiefs that they forgo the city's stipend and use a city vehicle for official business.

Molino explained that the city's employee handbook gives the chiefs the option of an allowance or a city-provided vehicle or a stipend, but after talking with an insurance carrier, the idea of chiefs using personal vehicles for official business should be a grave concern.

If the chiefs were in an accident, even though on official duty, while driving a personal vehicle, their personal insurance company would be the first line of liability. In a serious scenario, the mount of damages could greatly exceed the personal liability coverage.

"I don't think it's good policy to have our city employees at risk of losing everything they've worked their whole lives earning," Molino said.

Both departments have vehicles available -- especially for the fire department once the ambulance service is terminated -- that the chiefs could use and take home to be available in emergencies.

Tractor pushes car sideways down Main Street into the city

By Howard B. Owens

A tractor from My-T Acres pushed a car with two people in it sideways eastbound down Main Street this evening.

The tractor struck at least two other vehicles and caused at least one minor injury.

Incredibly, neither of the two people in the car pushed by the tractor were injured.

"If it (the car) had flipped over, we would both be dead," said driver Gene Laney. "There is no way we could get out."

The tractor only stopped after a passerby jumped up on the driver-side running board, according to Laney and a police officer, and banged on the glass and yelled at the driver, who eventually heeded the message and turned the tractor off.

The tractor finally stopped in the vicinity of 355 W. Main St.

The hero who helped get the tractor stopped was apparently no longer on scene five or 10 minutes later and police on scene did not know who he was.

Witnesses describe the unidentified tractor driver as in a daze.  It is not known why he drove the vehicle in this manner from Lewiston Road onto Main Street.

County Emergency Coordinator Tim Yaeger happened to be in the area at the time the call went out and tried to get the tractor driver to stop, even pulling in front of the tractor with lights and sirens to draw the driver's attention.

No further information is available at this time.

Two Batavia PD check points lead to 47 tickets and five DWI arrests

By Howard B. Owens

Twenty-nine license suspensions. Can you imagine?

That person was among of several alleged violators and potential law breakers nabbed at two Batavia Police Department check points set up Friday, according a press release issued this afternoon.

The person with the 29 suspensions isn't identified, and neither is another person with 10 violations who was also tripped up in the one of the check points.

The check points were conducted on Bank Street and Clinton Street Road.

In total, there were 47 traffic summons issues, four people were arrested for DWI and one for aggravated DWI. One person was cited for unlawful possession of marijuana.

We already reported the case of the alleged illegal immigrants getting caught on Bank Street, and the apparent warning sign taped up near the Bank Street check point.

The DWI arrests, all from Batavia, are: James Kempisty, 48; Richard M. Potwora, 50; Todd M. Kemp, 36; Donald W. Gavenda, 51; Ryan M. Shrauger, 39.

Personnel from the Genesee County Sheriff's Office and the Genesee County Drug Task Force assisted in the operation.

Deals of the Day: Batavia Downs, Adam Miller and South Main Country Gifts

By Howard B. Owens

Among today's deal is the introduction of a new sponsor to the program: South Main Country Gifts.

South Main Country Gifts is located at 3356 S. Main St. Road and is a well-stocked, interesting gift shop with a large variety of items. When we visited Saturday, my wife commented on how reasonable the prices are.

Today's gift certificate is for $20 available through The Batavian for $10 (plus $1 service fee).

Also today, the ever-popular Adam Miller Toy and Bicycle, 8 Center St., where you can find toys for kids of all ages. We have a $25 gift certificate for $12.50 (plus $1 service fee).

And our third deal today is Batavia Downs Grandstand Bar & Grille, one of Genesee County's more popular restaurants. We have a $25 gift certificate for $12.50 (plus $1 service fee).

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

South Main Country Gifts

SOLD

Adam Miller Toy & Bicycles

SOLD

Batavia Downs Grandstand Bar & Grille

SOLD

Road block sign probably warning of police check point

By Howard B. Owens

I've been on Bank Street near the city limits each of the past four days. Friday, this was a normal speed sign as I remember it.  When I saw "road block" Saturday, I didn't think much of it. Then I did the blotter report this morning and realized that the Batavia Police Department was running a DWI check point on Bank Street Friday evening.  It looks like somebody tried to warn drivers.

Accident Reports: Tractor pulling wagon full of 17 people has trailer hitch break

By Howard B. Owens

Seventeen people, including 11 children, managed to avoid injury after a tractor ride went wrong Sunday night when the trailer hitch broke on the tractor pulling them down Conlon Road.

Gregory J. Luetticke, 46, of Le Roy, who was driving the tractor, did report an injury. He complained of neck pain.

Luetticke was reportedly pulling the wagon down a grass laneway on Conlon when the hitch broke. Luetticke said when the hitch broke, he steered to the west and lost control of the tractor, causing the tractor to overturn. Luetticke was ejected from the tractor and came to rest to the northwest. The wagon stopped moving.

In the wagon were Billie J. Kennedy, 31, Alexa M. Kennedy, 6, Madailein M. Blonski, 5, Ashley Bottonfield, 10, Erica Ulrich, 15, Amber A. Williams, 8, Dominque M. Williams, 14, Mariah A. Williams, 12, Teresa Annecharicle, 35, Tyler M. Annecharicle, 35, Isabell Annecharicle, 10, Nicholas Rogers, 6, Zachary M. Rogers, 10, Colleen M. Rogowski, 39, Allison M. Rogowski, 8 and Lauren E. Wood, 8.

Bradley Brooks, 25, of Spencerport, failed to negotiate a turn on South Lake Road in Bergen Sunday afternoon and drove his motorcycle into a ditch. Brooks was ejected from the bike. He was transported to Strong Memorial Hospital with non-life threatening injuries.

Brian D. Whitmore, 25, of Darien Center, suffered a fracture in his arm and collar bone after striking a deer while driving his motorcycle eastbound on Conway Road in Darien. The accident occurred Wednesday about 9 p.m.

No injuries were reported in a single-vehicle accident last night at 11:30 p.m. on Quinlan Road in Le Roy.

The 1996 Dodge coupe was driven by Matthew Derooy, 20, of LeRoy. Deborah J. Derooy, 24, was a passenger.

Derooy reportedly driving the car westbound on Quinlan Road when he drove off the north shoulder and hit a support wire to a National Grid utility pole. The vehicle then continued through a field and landed in a ditch.

No apparent cause is cited in the accident report.

Main St. Pizza should open Tuesday, following fire, owner says

By Howard B. Owens

Vic Marchese was at his popular Batavia restaurant early this morning washing dishes and waiting for a cleaning crew to arrive following last night's fire that caused an estimated $30,000 damage.

He expects to be open to serve customers by tomorrow, he said.

He won't be able to cook with charcoal immediately, since that's the vent system damaged by the fire, but the rest of the kitchen remains in good shape and ready to serve up pizza, pasta, wings, subs, salads and just about everything else on Vic's menu.

Marchese said he had been away from the restaurant most of the day and returned at 9 p.m. About three minutes later a lady came in and asked about all the smoke in the back parking lot. Vic said he went outside, saw the smoke and immediately called 911.

Fire crews were on scene within minutes. 

The fire was just beginning to poke out of the vent, Marchese said. The flames were doused quickly.

"Good thing," Marchese said. "These old buildings, the whole block could have gone up."

Police Beat: Police arrest four alleged illegal immigrants at check point

By Howard B. Owens

Four alleged illegal immigrants from Guatemala were apprehended by Batavia police at a Bank Street DWI check point Friday night.

One of the men arrested, Edwin O. Perez-Hernandez, 36, of Varysburg, allegedly tried to flee the scene on foot and faces a resisting arrest charge. He is held on $2,500 bail.

Oscar U. Perez-Hernandez was reportedly the driver of the vehicle and faces numerous traffic violation charges, according to police. He is held on $1,000 bail.

Two women in the vehicle were issued appearance tickets for immigration court.

James F. Kempisty, 48, of Batavia, drove through a DWI check point on Bank Street Friday night around 10:30 and BPD officers determined that he was apparently intoxicated. He was charged with DWI and driving with a BAC of .08 or greater. Kempisty was issued an appearance ticket and released.

Dustin R. Collinge, 24, of Wheatland, faces two felony counts following a traffic stop in Stafford early Sunday morning. Collinge is charged with DWI and unlicensed operation of a motor vehicle. Collinge reportedly has a prior DWI conviction. He is accused of driving with a BAC of .08 or greater. Collinge was released pending arraignment.

Keith Whitney, 21, of Churchville, is charged with two felony counts of criminal possession of a weapon and a misdemeanor count of menacing following an alleged domestic dispute with his girlfriend in Bergen early Sunday morning. Whitney allegedly brandished an assault rifle "with the intent to use it against his girlfriend," according Sheriff's deputies. He is being held on $5,000 bail.

Robert Brown, 47, of Darien, is accused of pushing an acquaintance to the floor.  He is charged with harassment in the second degree.

Richard Synder, 43, of Batavia, is charged with unlawful possession of marijuana following a traffic stop for allegedly speeding in Elba. Snyder was issued an appearance ticket and released.

Erick R. Horning, 19, of Batavia, is accused of hosting an under-age drinking party at his house on Wilkenson Road early Saturday morning. Horning was charged with unlawful dealing with a child, issued a ticket and released.

Robert  Piechocki, 45, of Attica, is charged with criminal possession of a weapon. Deputies allegedly found six unregistered pistols in his residence while investigating a reported domestic incident.

Main St. Pizza sustains $30,000 damage in vent fire

By Howard B. Owens

Last night we reported word of a fire at Main St. Pizza Company, 200 E. Main Street, Batavia, but information at the time made it sound relatively minor.

It turns out there the fire caused $30,000 in damage -- $25,000 to the structure and $5,000 to contents of the building, according a report released by the Batavia Fire Department late last night.

The fire was contained mostly to a exhaust duct at the rear of the building, with a "minor extension into the building."

The report states that owner Victor Marchese became aware of the fire when he smelled smoke. He immediately evacuated the customers and called 911.

When city fire crews arrived, they found heavy smoke coming from the duct and quickly dosed the fire with the use of chemical extinquishers and water hoses.

Is there a fire on Main Street?

By Howard B. Owens

A reader sent an e-mail and said she heard an Main Street business in Batavia is on fire and Main Street is shut down.

I tried calling the dispatch center and the conversation went like this:

"I'm Howard Owens with The Batavian."

"I'm sorry, sir, we're really busy."

"I hear there is a fire on Main Street."

"I'm sorry, sir, we don't have time to talk."

Click.

I spoke to somebody at T.F. Brown's who said he heard something about a fire but didn't really know.

If you know anything, please fill us in.

Brian Hillabush is on his way to the scene, but won't be there for 40 minutes or so (he was out of town, too).

UPDATE:  Dan Jones went to the scene and confirmed there were fire trucks on the scene. The business that we had been tipped to was Main St. Pizza Company. I just called Main St. Pizza and it turned out to be a real minor fire. It was extinquished quickly and no real damage was done.

Today's Deals: T.F. Brown's and Herbly Wonderful

By Howard B. Owens

Today's deal: We have one give certificate for each, T.F. Brown's and Herbly Wonderful, valued at $25 each, and we're offering them for $12.50 (Half off) each (plus a $1 service fee).

Herbly Wonderful. Located at 3701 Pearl Street Road, Herbly Wonderful features a fine variety of teas, herbs, blends, spices and seasoning, plus a range of other items for home and garden.  See the ad on the left side of the page and click on it for more information.

T.F. Browns, at 214 E. Main St., T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. The patio is now open. It's also a great place to host group events.  See the ad on the left side of the page for contact information.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Herbly Wonderful

SOLD

T.F. Brown's

SOLD

Deal of the Day: Essence of Candles

By Howard B. Owens

Michael Hamilton makes candles.  He makes quite a few of them in a variety of shapes, fragrances and colors.  Then he makes them available to you in his store at 201 Liberty St.

Today's Deal: A $25 gift certificate for Essence of Candles at HALF OFF -- $12.50 (plus a $1 service fee).

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

SOLD

Ambulance union files complaint against city for alleged Taylor Law violation

By Howard B. Owens

Apparently, a quality organization like Mercy Flight taking over the ambulance service in the county and expressing a desire to hire all of the city ambulance employees isn't enough for union president Greg Ireland. He wants his pound of flesh, too.

The union has filed a "improper practices claim" against the city for an alleged Taylor Law violation in deciding to discontinue the city-backed ambulance service.

The claim is, the city has taken steps to "subcontract" the ambulance jobs by discontinuing the city service.

"Our stance hasn't changed," Ireland said Friday. "The city can't do what they're doing because of the Taylor Law. The city took the steps to change (ambulance service) without negotiating" with the union, he said.

Ireland said a change in ambulance service can't be made legally.

"And it's not going to be if we can help it," he said. "This could have been avoided but the city never approached us. It's too bad it's come to this."

Charlie Mallow said he doesn't believe there is a Taylor Law violation.

But are we to understand from Mallow that the city doesn't intend to sign a contract with Mercy Flight:

"It's something we've discontinued. We are not signing an agreement with whomever the county has selected," he said. "Unions file grievances. This makes it difficult to do what is fiscally prudent." (emphasis added)

So who will provide city ambulance service? Is the union tactic forcing the city into a position where it can't contract with Mercy Flight?

It looks like the fight isn't over. It's just move from one ring to another.

Another truck apparently strikes Cedar Street Bridge.

By Howard B. Owens

Dispatcher: "Another one at the Cedar Street Bridge didn't make."

Need we say more?

UPDATE: The driver is identified as Aziz A. Razikov, with a Washinton State drivers license.

Fender bender on Main Street

By Howard B. Owens

I happened by this small accident on Main Street in Batavia just a minute or so after it happened. It occurred about 20 minutes ago.  The street is already clear.

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