batavia

Wendy Lynn Mucher, 40, 27 Valle Drive, Batavia, is charged with insurance fraud 3rd. Mucher allegedly presented a State Farm agent a receipt containing materially false information related to her claim for payment.

Kyle Davis Faron, 26, of 8133 Remsen Road, Pembroke, is charged with felony DWI, felony driving with a BAC of .08 or greater and unsafe lane change. Faron was stopped at 1:23 a.m. by Deputy Jason Saile in front of Faron's residence.

A Rochester-based real estate developer has acquired the old Pontillo's building at 500 E. Main St., Batavia.

Thomas Masachi said today that he isn't ready yet -- perhaps next week -- to discuss the plans he and his partners have for the location. 

Masachi, who is in the RIT Hall of Fame for his success in hockey and lacrosse, would not discuss the price he paid for the location, and that information has not yet become publicly available.

One of Western New York's most legendary pizzerias, Pontillo's closed in November 2008 after falling behind more than $112,000 in its taxes. John Pontillo made an attempt to buy the business and location out of probate, but he said his offers were rejected. The property was then sold at auction to a bank in Rochester, which in turn sold the property to Masachi.

For his part, John Pontillo is continuing to work on a plan to open a new pizzeria in Batavia. Reached yesterday, he said he hasn't settled on a location yet.

Meanwhile, Sam Pontillo continues to operate a Pontillo's Pizzeria in Le Roy on Main Street.

Todd James Pangrazio, 34, of 8032 E. Main Road, Le Roy, is charged with coercion 1st, criminal mischief 4th, endangering the welfare of a child and harassment 2nd. Pangrazio allegedly got into a fight with his girlfriend and "instilled fear in her," and damaged her mobile phone, preventing her from calling for help. He also allegedly had physical contact with her and two children under age 17. The case was investigated by Deputy Frank Bordonaro.

Eslie James Worthington III, 20, of 2609 Batavia-Oakfield Townline Road, is charged with harassment 2nd. Worthington is accused of striking another person in the face at about 2 a.m. on Dec. 20. (Worthington was also involved in a one-vehicle accident Dec. 27 in which he suffered a head injury.)

A 17-year-old boy from Oakfield has been charged with forcible touch. The alleged incident occurred in December. He is accused of inappropriately touching a female who was at his residence. The case was investigated by Kristopher Kautz.

Following its session last week, the following indictments were handed down by the Grand Jury:

James S. Gibbs faces a 24-count indictment stemming from an allegedly false disability claim. Gibbs was originally arrested on these charges in October 2009. The indictment includes charges for grand larceny, insurance fraud and offering false instruments for filing and a violation of the worker's compensation law.

Jason W. Wolf is charged with grand larceny 3rd. Wolf is accused of stealing more than $3,000 in unemployment benefits between August 2007 and February 2008.

Micahel P. McDonald is charged with DWI and DWI with a BAC of .08 or greater. McDonald is accused of operating a 2004 Suzuki in the parking lot of 355 W. Main St. on Sept. 21, 2009 while drunk.

Daniel N. Brown is charged with grand larceny 4th. Brown is accused of stealing child support payments valued at more than $1,000. The alleged crime took place in the Town of Le Roy between January and June 2008.

A majority of Batavia City Council members want city staff to continue studying a plan to turn over houses that have become delinquent in their taxes to a non-profit organization for rehabilitation.

Setting up such a process -- whether it involves creating a new non-profit corporation run by the city or working directly with Habitat for Humanity -- will require additional staff research time, legal expense and potentially staff time to manage any new program.

Councilman Tim Buckley wanted to table the proposal, saying the city has too many other bigger priorities, but the consensus of the council during last night's conference meeting was to ask City Manager Jason Molino to conduct further research.

Council President Marianne Clattenburg said she saw the program as an opportunity to prevent more housing units from falling into low-end rental units and become better maintained owner-occupied homes.

Councilman Sam Barone, who works with Habitat for Humanity, sometimes has trouble buying a house at auction because they get out bid.

A partnership on housing rehabilitation would allow the designated non-profit to buy the house before it goes to auction.

However, the council also discussed the fact that nothing prevents Habitat from reaching out to a tax-delinquent property owner before a house goes up for auction and paying the back taxes in exchange for the property deed.

Only about three homes per year fall into delinquncy and go up for auction.

What if you were having a heart attack or some other serious medical emergency and it was one of those rare times when all Mercy EMS ambulances were tied up on calls outside of the city?

Wouldn't it be a good thing if a paramedic from the city's fire department -- the emergency responder most likely to get to your house first in such a situation -- was certified to provide Advanced Life Support service?

On an 8-0 vote Monday, the Batavia City Council decided to deny city residents that extra level of protection, even though it wouldn't cost taxpayers a single dime.

"I think we had to decide whether we wanted our fire department chasing ambulances, or do we want our fire department used for the function it's best suited for," said City Council President Marianne Clattenburg.

She characterized the vote as a policy decision that extends from the city's decision to get out of the ambulance business.

She said the council wants the fire department to concentrate on fire prevention, code enforcement, public safety, fire suppression and education.

Fire Chief Ralph Hyde requested the council approve a program that would have allowed the department to become ALS certified, allowing its firefighters that are trained as paramedics -- 16 of them are, and all future hires will be, by state law -- to provide a higher level of life-saving services. Paramedic-trained firefighters can only provide Basic Life Support services without ALS certification for the department.

Because of state reimbursement programs and the ability to recoup training fees from other jurisdictions, city taxpayers would not have been required to foot any portion of the bill for ALS certification.

Among the critical life-saving procedures that ALS-certified medics can provide that BLS paramedics cannot is cardiac defibrillation.

"The Basic Life Support will still be there," Clattenburg said. "Once we divested of the ambulance, and the (new service) ambulance seems to be running fine, they seem to be getting where they're going and they've even added personnel and vehicles to respond to the call volume, so it really is a change in focus, because when you have a whole fire department that's geared toward to ALS but yet there is someone else doing that now doesn't make sense, just to keep that mindset and that training level there when that's not their primary job."

For more on the difference between BLS and ALS, read the following Wikipedia entries:

• Basic Life Support
• Advanced Life Support

A preliminary budget approved by the Batavia City Council cuts $376,000 in spending from a previous draft, allowing the proposed property-tax increase to be cut in half.

Instead of anticipating a 3-percent tax increase, city property owners can expect an increase of just under 1.5 percent if the budget gets final approval following a Feb. 8 public hearing.

A good portion of the cut in expenses comes from a $150,000 reduction in the contingency fund. That fund might be needed if the city's unions win its any arbitration cases.

"As I mentioned, it's (cutting the contingency fund) a moderate risk," City Manager Jason Molino said following the meeting. "There's the potential there that there could be retroactive awards that could exceed that, and the city's fund balance position isn't where it should be now, though we're building it. It could be very difficult. One thing that has to be understood is that wages and benefits aren't what they used to be -- all work forces and city employees and unions have to understand that, and this is really their opportunity to recognize that and react to that. The community doesn't have the ability fund these things and in the future we're not going to be able to, and that's just something we're all going to have to react to."

In 2009, the city was forced to pay out $235,000 to the Police Benevolent Association after the union won its arbitration against the city. The city and PBA have yet to resolve all contract issues and the city will be three years behind in potential police raises in March. Two additional union contracts for city workers expire at the end of March.

Both Molino and Council President Marianne Clattenburg agree that some large settlement is likely.

"Something the unions are going to need to realize is that the city does not have the ability to provide that level of benefits," Molino said.

Cutting the property-tax rate increase in half reduces revenue by only $84,000. The additional expense cuts in the budget come from an anticipated $322,000 drop in sales tax revenue.

The spending plan now stands at $5,441,630.

The revised budget also cuts $105,000 from equipment reserve funds for police, fire, public works and facilities.

"They (the Council) did not feel they could support anything more than what was adopted," Clattenburg said. "We're just going to have to continue to live within our means."

A Batavia man who admitted to assaulting a Sheriff's deputy and escaping arrest will serve four years in state prison for the assault.

Ryan L. Krupp, 24, will serve a concurrent 2-4 year term on the escape 2nd charge.

The maximum sentence Judge Robert C. Noonan could have imposed was seven years. Defense Attorney Jerry Ader asked for a minimum sentence of three years.

Ader noted that Krupp has previously completed substance abuse treatment and held a job, making him a candidate for a minimum sentence.

"When he makes the right decisions, they’re good decisions," Ader said.

If Krupp were not a second felony offender, the minimum sentence would have been two years.

Krupp said he was very sorry.

"If I could take it back, I sure would," Krupp said.

Noonan made very little comment before imposing the sentence.

Deputy Patrick Reeves suffered a minor ankle injury when Krupp reportedly shoved him out of the way while Reeves was arresting him on a warrant last October.

UPDATE 4:31 p.m.: Stephanie Cooper, 15, who was reported missing earlier has been located, according to police.

Stephanie Cooper, 15, of Batavia, has been reported missing.

Stephanie was last seen between 3 and 4 p.m. Friday in the area of Richmond Avenue and Woodrow Road. Cooper may have gotten into a red van in that area.

Det. Richard Schauf said no other information is available at this time.

Stephanie is 5’2” tall, 120 pounds.

People with information may call the Batavia Police Department at 585-345-6350.

William G. Cummings, 59, of 9815 Lake St., Pavilion, is charged with menacing 2nd. Cummings was arrested at 2:58 a.m. Friday after allegedly threatening another man by brandishing a baseball bat.

Roy R. Bell, 29, of 283 Seneca Manor, Rochester, is charged with forcible touching and endangering the welfare of a child. Bell is accused of inappropriate contact with a 16-year-old girl.

Woodrow C. Horseman, 33, of 3 Lewis Place, Batavia, is charged with petit larceny. Horseman is accused of stealing two 18-packs of beer from Tops.

Timothy E. Moon, 35, of 315 Bank St., Batavia, is charged with DWI, aggravated DWI with a BAC of .18 or greater, inadequate headlamps, failure to notify DMV of an address change and having an open container. Officer Eric Bolles reportedly observed Moon operating a motor vehicle with inadequate headlights at 1:22 a.m. Sunday.

Jaclyn E. Spiegel, 23, of 147 Ross St., Batavia, is charged with DWI, aggravated DWI with a BAC of .18 or greater and moving from lane unsafely. Spiegel was stopped by Officer Kevin Defelice at 1:38 Saturday morning for an alleged unsafe lane change on E. Main Street at Bank.

John Francis Biegas, 19, of 6496 Clinton St. Road, Stafford, is charged with criminal nuisance 2nd, unlawful possession of marijuana and unlawful possession of alcohol with intent to consume. Biegas is accused of hosting an underage drinking party at his home.

A 17-year-old girl from Batavia is charged with aggravated harassment 2nd. The youth reportedly contacted another person in Pembroke via MySpace several times after being told not to.

Gerald E. Buchinger, 60, of 5159 Ellicott St. Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and leaving the scene of a property damage accident. Buchinger was identified as a suspect by Deputy James Diehl after a driver on Batavia Stafford Townload Road left the roadway and struck shrubs and trees and a residence.

A 17-year-old student of Pavilion School is charged with unlawful possession of marijuana. During an invited canine sniff search of school grounds, the K9 alerted on a car in the parking lot. Upon investigation Deputy Brian Thompson allegedly found marijuana, drug paraphernalia and a realistic looking C02 pistol.

Ami Lou Blackmore, 48, of 30 Exchange St., Attica, is charged with DWI, felony aggravated DWI for driving with a BAC of .18 or greater and consumption of alcohol in a motor vehicle. Deputy Jason Saile, at 5:08 a.m. on Friday, investigated a report of trespass at 650 Bloomingdale Road in Alabama. Saile came into contact with Blackmore and arrested her for the alleged offenses.

Joshua C. Mciver, 22, of 130 3rd Ave., Apt. 18H, Brooklyn, is charged with unlawful possession of marijuana. Mciver was arrested at 11:24 p.m. Thursday at College Village by Deputy Jason Saile.

Michael L. Milroy, 43, of Bethany, is charged with torture/injure/not feed an animal, menacing 2nd and reckless endangerment 1st. Milroy was arrested by State Police at 12:07 a.m. today at 5461 Mclernon Road, Bethany. No further details are available.

Brett W. Short, 23, of Stafford, is charged by State Police with endangering the welfare of a child. Short was arrested at 2:29 p.m. Saturday. The alleged incident occurred Dec. 23. No further details are available.

David G. Duignan, 43, of Batavia, is charged by State Police with DWI, driving with a BAC of .08 or greater, and failure to keep right. Duignan was stopped in Albion at 8:57 p.m. Friday.

Accidents reported in the State Police blotter:

8:26 p.m., Jan. 23, Bank Street Road, Batavia, one vehicle; Driver 1: Christopher J. Byers, 19, of Brockport. No injuries. No citations.

City Fire is being dispatched to 1 City Centre, section 8A, to investigate the odor of wires burning.

UPDATE 10:31 a.m.: Engine 12 went back in service a few minutes ago.

Zach Ashely and his new buddy Ian

Lisa Franclemont with a little one

Lisa and LeAnn Babirad-Burns holding Robert Worthington

Zach Ashely of St Paul Lutheran most recently got home from Haiti with the mission team from Trinity Lutheran. They had arrived to volunteer at the orphange and the earhquake hit the next day. Zach came out on Saturday to volunteer with Care-A-Van Ministries. . He has a love for children and helping people. He said he can't wait to go back to Haiti to be a blessing to others.

Lisa Franclemont is a member of Highpoint church and works at United Memorial Medical Center in the Cancer services program. Lisa herself is a walking miracle. Many people were praying for Lisa after she was struck by a car in August  of 2009. She lost her right kidney, had a broken wrist, torn rotator cuff, and multiple fractures of her pelvis. You would never have known it to see her wandering around  as she was  volunteering with Care-A-Van ministries on Saturday morning visiting with the people and taking their blood pressure.

LeeAnn Babirad-Burns had a miracle of her own as well. LeeAnn had heart surgery last February. She had to be off work for 8 months. During this time is when Lisa needed extra loving  care after arriving home from her injuries and LeeAnn was able to be there to help her out. These young ladies friendship started about 3 years ago. Lisa has been an inspiration to LeeAnn and now LeeAnn is currently enrolled in college to be a nurse.

These three volunteers were a blessing to the 48 families with 156 family members that received groceries and prayer on  Saturday morning.

City Fire is being dispatched to 8 Masse Place for the report of a furnace explosion.

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City Fire is being dispatched -- non-emergency -- to 130 Bank St., the scene of yesterday's fire for the smell of propane.

"The caller believes it's from a tank she relocated," according to the dispatcher.

A fire at 130 Bank St., Batavia, destroyed an old garage and the items inside and partially damaged a neighbor's garage.

The fire was reported about 10:45 a.m. when a resident came home and saw smoke coming from the garage. By the time fire crews were on scene, flames were visible.

The homeowner, a 47-year resident, said he lost an ATV, snow blower, two bikes and other equipment. While Chief Ralph Hyde said he suspected a wood-burning stove in the garage, the owner said he had recently cleaned the stove and it wasn't in use at the time. He suspected it was an electrical fire.

Kelly Herold, a claims supervisor for Tompkins Insurance, was on scene quickly meeting with her clients. She watched the City's firefighters move quickly to dose the flames.

“The Fire Department did a great job," Herold observed. "It was a good save. They were able to contain the fire to the barn with limited damage to the surrounding homes."

The photo was submitted by reader Tricia Zdep. The bottom two photos were submitted by another reader.

The Batavia City Church's "City Gals" - featuring women and girls of all ages - display the cards they made for area veterans on Monday as part of an ongoing project.

Valentine's Day is still weeks away, but the City Gals made 80 cards on Monday for the men and women at the New York State Veteran's Home and the VA Hospital. Each attendee decorated cards with hearts, flowers and other designs while writing messages of love and encouragement. The cards will be sent to both facilities on Valentine's Day.

The idea for this project came from City Church member and volunteer Sue Gagne, who is also a member of the Genesee Veteran's Support Network. After talking to GVSN chairman Jim Neider, who wanted to see a community project of this kind undertaken for the residents of area Veterans' Homes, Gagne felt that the City Church's Women's Ministry (which is coordinating the City Gals project) would be "the perfect venue."

"Our church likes to get involved in the community," Gagne said. "This is the first time we've done [a Valentine's Day project for Veterans], so I look forward to seeing where it goes."

Gagne also said that the ladies are looking to schedule another "work party" (in her own words) in the coming weeks in order to meet the quota they set for themselves.

"We sure could use some help," she adds.

Women and girls of all ages are welcome to come in and help, regardless of whether or not they are members of the City Church.

A Rochester man with 12 prior convictions, including five felonies, rejected a plea offer Wednesday from the Genesee County District Attorney and will go to trial instead.

Reginald Wilson was arrested back in September for allegedly breaking into a home on State Street and was charged with burglary in the 2nd and criminal possession of stolen property. He was reportedly caught driving a vehicle stolen from the residence.

Because of his priors, Judge Robert Noonan initially refused bail to Wilson. But in November, Noonan offered him $100,000 bail or $200,000 bond. He remains in custody.

Yesterday, District Attorney Lawrence Friedman offered Wilson the chance to plead guilty to a class D violent felony in the second degree with sentencing as a second felony offender instead of a persistent offender. If convicted as a persistent offender, Wilson could serve a life sentence.

Wilson nixed the offer and a trial date was set for March 29, with a pretrial conference at 9:30 a.m. and jury selection at 10.

Shackled, wearing orange jail garb, his hair in tiny dreadlock braids, Wilson looked over his right shoulder a couple of times during his brief courtroom appearance. He scanned the gallery for friends or family but there were none.

The judge set a cut-off time at which the DA's offer is off the table for good. It's 11 a.m. Feb. 26.