batavia

Police requested to a business on Liberty Street for a loitering skunk near the front door, that's refusing to leave.

A possible chimney fire has been reported at 3491 Pearl Street, Town of Batavia.

Town of Batavia Fire Department responding.

UPDATE 8:20 a.m.: East Pembroke and Oakfield departments asked to standby in their halls. The fireplace has been cleaned out, according to a chief. Crews are rechecking the chimney. There appears to be no extension at the base.

UPDATE 9 a.m.: East Pembroke back in service.

View Larger Map

After years and years of wrangling -- and police officers working without a contract since 2005 -- the Police Benevolent Association and the City of Batavia finally have a labor agreement both sides can accept.

The PBA approved the contract Feb. 15 and the city council approved it Monday night.

Under the agreement, union members will receive retroactive pay increases from 2007 on, except for the final year of the contract, in the amount of 2.25 percent annually.

The retroactive pay will cost the city $784,000, which will be paid for with money in the city's fund balance and current fund surpluses.

This April, the city council will be asked to approve a transfer of $268,000 from the constituency fund to the police budget to cover the current year's increase in personnel costs.

"One of our goals was to solve this impass this year and here we are in February and we already have a resolution," said Council President Tim Buckley. "I credit Jason Molino and the PBA for reaching a resolution."

The PBA has been without a contract since 2005. The union won an arbitration award in 2009.

The contract impasse went to arbitration again in July 2011. The following September, the city and PBA leadership thought they had a contract agreement, but the union membership rejected the plan.

The arbitrator was set to issue PBA members 2 percent annual pay raises for 2007/08 and 2008/09, but before the award was final, the city and PBA settled on a new contract offer.

The ratified contract supersedes previous arbitration agreements.

Other provisions include a $1,000 per-member bonus in lieu of a 2012/13 pay increase, an increase in employee contribution to health insurance from 10 percent to 30 percent and increased co-pays on prescription drugs.

Debbie Kerr-Rosenbeck, who served for 25 years as executive director Genesee County Youth Bureau, was honored by the Batavia City Council on Monday night for her service to local youth. Over the past year, Kerr-Rosenbeck supervised the county department taking over management the city's youth program. Pictured, from left, are Legislative Chair Mary Pat Hancock, Councilwoman Kathy Briggs, Kerr-Rosenbeck and Legislator Marianne Clattenburg.

In a manner of speaking, Rob Credi is back.

Credi was one of the owners of Main Street Coffee from 2004 to 2009, and by mid-March he'll be running Kashmir Cafe at the corner of Main and Jackson streets.

That's the location owned by Ken Mistler and currently known as Espresso Salads and Subs.

Mistler remains the owner of the shop but Credi said he'll get full control of the operations, overseeing every aspect of the business.

Credi plans to revamp the interior -- he hopes to give it a more casual feel, to revive some of the "hang out" atmosphere of Main Street Coffee.

The drink menu will remain the same, and Next Level Fitness customers won't see any change in what they can purchase from that side of the counter, but Credi is planning a new sandwich menu, which he said will be "new American."

While Credi will manage the cafe, he won't be behind the counter every day. He has a full-time job in Rochester now, but will open the cafe in the mornings and serve coffee on weekends.

The newest deputy the Sheriff's Office is no rookie. He has more than seven years experience in law enforcement, including about a year with the Batavia Police Department.

Matthew C. Fleming joined the force six days ago and said he's been readily accepted by everybody in the department.

"Ever since I decided I wanted to be a cop, I always looked at the Genesee County Sheriff’s Office as the ideal place to end up," Fleming said. "When these opportunities come up, you want to take advantage of the opportunity."

The Fleming family goes back a few generations in Bethany, and as a lifelong county resident, Fleming said he thought it was natural to be out patrolling the county.

"Genesee County was a great place to grow up and I feel like growing up here gave me a great shot at life, just everything the area has to offer," Fleming said. "It means a lot ot patrol the same areas I grew up in and hopefully offer something back."

A 2003 high school regents graduate from Alexander Central School, Fleming studied criminal justice at SUNY Brockport. He completed his basic police training in 2007 and has worked as a public safety officer/dispatcher with the New York Park Police and New York State University Police in Oswego and Buffalo.  He is a certified general topics instructor, firearms instructor and OC spray instructor.

Fleming replaces a deputy who retired Dec. 31.

"Deputy Fleming will be a great asset to the Genesee County Sheriff's Office," Sheriff Gary Maha said. "He possesses all the qualities we look for in our deputies -- integrity, professionalism, dedication and dependability. We are pleased to have him as part of our team."

An attorney recently hired to represent Jacquetta Simmons, the 26-year-old Batavia resident accused of punching a 70-year-old Walmart employee on Christmas Eve, said after a court hearing today that he doesn't believe his client intended to hurt Grace Suozzi.

Based on his own interviews and statements he's read, Buffalo attorney Earl Key said there's a lot more to the story than has been reported so far.

"I don't believe my client intended to assault anyone," Key said. "The tape will tell me a lot. I've got to see the tape to see exactly what happened."

Key is concerned however, that the only tape available shows just the portion of the confrontation where Simmons allegedly hit Suozzi.

There's no indication that Simmons was suspected of stealing form the store. Key said she didn't steal anything and she had shown her receipt for the items in her bag.

He said Suozzi's own statement to police indicates she grabbed Simmons. Key said the information he has so far indicates Simmons was trying to push Suozzi away, not assault her.

The language of section 120.05 of the New York penal code states a person is guilty of assault in the second degree when "with intent to cause serious physical injury to another person he causes such injury to such person ..."

In court, Assistant District Attorney Melissa Cianfrini said unless a plea agreement is reached first, the DA's office intends to send the case to the Grand Jury for possible indictment.

Simmons is also charged with a provision of the assault in the second degree statute that is fairly new, making it a felony to assault a person 65 or older.

Key said he needs to study that statute further, but he believes the law is being misapplied in this case.

Among the evidence gathered by Key so far is a copy of Walmart's policy about demanding that customers show receipts.

He said typically store policy is that an employee never grab a customer. If they suspect a person of stealing, they're supposed to call the police.

Key acknowledged that the case has been contentious in comments on local and regional media sites, but said his client naturally regrets what happened.

"My client is an upstanding citizen," Key said. "She’s bright, she’s young, she’s a college student, she has no criminal history, of course she regrets it. I haven’t seen the medical records, but if the victim has the injuries alleged, then of course she’s truly, truly sorry."

Simmons is scheduled to next appear in Town of Batavia Court on March 26.

A man who admitted his assault cost another man his eye will serve 12 years in prision, Judge Robert Noonan ruled this morning.

Christopher Preedom was the apparent leader of a three-person group that broke into a Woodstock Gardens apartment and attacked a resident there.

The victim read a statement asking Noonan to show leniency for Preedom, but District Attorney Lawrence Friedman cast doubt upon that request indicting he had information to suggest the victim's plea was based on fear of retaliation.

"While it may be considered noble that the victim is asking for leniency here," Friedman said, "...this defendant (Preedom) has already received a substantial break, being allowed to plea down from a Class B felony, under which he faced 25 years in prison."

Preedom asked for the victim's forgiveness.

"I've committed a crime...I know I've messed up...I made a mistake," Preedom said tearfully. "I'm willing to face the consequences."

Noonan offered little sympathy.

"The problem is: even if (the victim) is appearing here as your very best friend," the judge said, "you have still committed a crime against society that is horrendous. You took out a person's eye in the most horrific way."

(Based on the report of Geoff Redick, WBTA)

United Memorial Medical Center will offer FREE important health screenings to uninsured Genesee County residents between the ages of 40 and 64 next week.

The screenings will take place from 4 to 8 p.m., Thursday, March 8, at the Jerome Center, 16 Bank St., Batavia.

Please call United Memorial’s Healthy Living Department to schedule an appointment at  344-5331.

Services will include blood-sugar testing, total cholesterol and take-home colorectal cancer screening kits. Healthcare providers will also give free mammograms, pap smears and clinical breast exams for women and prostate screening exams for men.

Light refreshments, health information and free giveaways will also be available.

This event is planned by the Cancer Services Partnership of Genesee and Orleans Counties, and made possible by a state grant administered by United Memorial.

Registration for Batavia City School District kindergarteners entering school in the 2012-13 school year begins this week.

Children who will be 5 years old on or before Dec. 1 are eligible to attend kindergarten in the fall.

To register, parents must go to the main office of the nearest public elementary school (see addresses and other school-specific information below) between 9 a.m. and 3:30 p.m. on school days and bring with them proof of residency -- such as a current utility bill or formal lease agreement, as well as the child's birth certificate, Social Security card, and complete record of immunizations.

Please note that no child may be registered without the required documentation.

At the time of registration, parents should also make an appointment for the kindergarten screening procedure which will be scheduled for late May and early June.

For more information, call your elementary school office or the district's Curriculum Office at 343-2480, ext. 1001.

Addresses and schedules are as follows:

• Jackson Elementary, 411 S. Jackson St.: phone 343-2480, ext. 4000. Screenings will be scheduled for June 1;
• John Kennedy Elementary, 166 Vine St.: phone 343-2480, ext. 5000. Screenings will be scheduled for May 30;
• Robert Morris Elementary, 80 Union St.: phone 343-2480, ext. 6000. Screenings will be scheduled for June 6.

**Note: Parents of new first-grade pupils are also asked to register their child in the same time frame and with the same documentation.

Paul J. Doctor, 34, of 20 Maple St., lower apt., Batavia, is charged with burglary, 2nd, burglary, 3rd, and petit larceny. Doctor is accused of entering an unoccupied residence and garage on Jackson Street and removing appliances and other property without permission of the owner. Doctor allegedly removed the property between Jan. 13 and Jan. 17.

Kevin Bruce Martin, 28, of Clinton Street, Cowlesville, is charged with two counts of criminal possession of hypodermic needles. Martin's vehicle was stopped on Lewiston Road at 6:30 p.m., Jan. 22, by Deputy Brian Thompson for allegedly having a suspended registration due to no insurance.

Jeramy Michael Farnsworth, 30, of Tracy Avenue, Batavia, is charged with failure to pay child support. Farnsworth was arrested by Batavia PD on a warrant out of Genesee County Family Court and turned over to the Sheriff's Office. Following arraignment in Town of Batavia Court he was jailed on $1,000 bail.

Ronald William Ball, 46, of Pratt Road, Pembroke, is charged with two counts of criminal mischief, 4th. Ball allegedly damaged the a/c controls of another person's car during a verbal argument. Ball then allegedly went to the residence of the person and damaged the house door and door frame.

Carolyn M. Hooten, 29, and Vanessa R. Wright, 24, both of of 12 Myrtle St., Le Roy, are charged with petit larceny. Hooten and Wright are accused of shoplifting at Dollar General at 3:41 p.m., Feb. 23.

Carolyn M. Hooten, 29, of 12 Myrtle St., Le Roy, is charged with DWI, unlicensed operation, operating with inadequate tail lamps and without stop lamps and failure to use turn signal. Hooten was stopped at 1:49 a.m., Saturday, on Ellicott Street by Officer Kevin DeFelice.

Mark Russell O'Gee, 57, of South Street Road, Le Roy, is charged with harassment, 2nd. O'Gee is accused of grabbing another person's arm and shoving her during an argument.

Elizabeth Ann Wortman, 24, of Church Street, Le Roy, is charged with criminal contempt, 2nd. Wortman is accused of violating an order of protection.

Ronald M. Clark, 45, of Lake Street Road, Le Roy, is charged with petit larceny. Clark was spotted by police running east on West Main Street at around 8 p.m., Feb. 21, when police received a report of a person who stole canned fish and candy from Save-A-Lot. Clark is accused of stealing two cans of sardines and a Baby Ruth candy bar.

A motor-vehicle accident with possibly two injuries is reported in the area of 5112 East Main St. Road, Batavia. The location is near Broadlawn Avenue.

Town of Batavia Fire Department and Mercy EMS responding.

UPDATE 10:48 a.m.: A second ambulance requested to the scene, non-emergency.

UPDATE 10:59 a.m.: Town of Batavia back in service.

View Larger Map

For a long time, teams representing Genesee Hardware and Pino Vincenzo have been rivals on the softball diamond, but it's been nearly 20 years since they played their once-annual "Snow Ball" match at Williams Park. That tradition was revived Saturday when the two teams braved the cold and the snow-covered field to once again prove which team has what it takes to be called "champion."

A Batavia woman was apparently not wearing a seat belt today when the minivan she was driving crossed the center line on Route 5 at Hopkins Road and struck a pickup truck head on, ejecting her through the front windshield.

Hope A. Calhoun, 30, of Shady Lane, Batavia, was taken by Mercy Flight to Erie County Medical Center with reportedly serious injuries. This evening, patient information at ECMC did not have a status update on her condition.

The two children riding with Calhoun were not injured.

The driver of the pickup truck, Kenneth R. Thomas, 49, of Hopkins Road, Batavia, was transported by Mercy EMS to UMMC where he was treated for a leg injury.

His passenger, Wendy H. Howard, 49, was taken to UMMC and treated for rib injuries.

Calhoun was reportedly driving a 2005 Pontiac minivan eastbound on Route 5 at 11:57 a.m. when she lost control of her vehicle. Investigators said her speed was too fast for road conditions, which were icy and slushy.

Thomas reportedly tried to avoid the accident, moving toward the north shoulder.

The impact created a large debris field of car parts and groceries from both vehicles, including paper birthday plates and fruit-drink cartons as well as compact discs from one or both of the vehicles.

After Calhoun was ejected, her body rolled into a drainage ditch on the south shoulder of Route 5 and initial reports were that she was semi-conscious when first responders arrived.

The children riding with Calhoun were Claire Williams, 8, and Evan Williams, 4, both of Cochram Road, Bryon. The children were taken to Strong Memorial Hospital for evaluation where they were treated and released.

The accident is under investigation by the Genesee County Sheriff's Office, led by deputies Ron Meides and John Duyssen of the crash-management team.  Assisting at the scene were Deputy Brian Thompson and Trooper Holly Hansel.

East Pembroke Fire Department responded along with mutual aid from Town of Batavia Fire Department. Ambulances from Oakfield and Darien fire departments also responded.

(Initial report)

An alleged gambling operation in Batavia that was revealed Friday with the arrest of three city residents may have involved substantial amounts of cash, according to the lead investigator in the case.

Steve Mullen, head of the Local Drug Enforcement Task Force, said during a press conference Friday that gamblers placed bets ranging from $25 to $2,500 -- and possibly more -- on single sporting events.

The scope of the alleged operation may best be illustrated by one gambler already interviewed by investigators who lost, according to Mullen, as much as $10,000 a year on poorly chosen bets.

Computers, phones and every electronic device the three suspects owned that could possibly store data was seized by investigators when four search warrents were executed Thursday.

Local investigators as well as experts from the WNY Regional Computer Forensics Laboratory will comb through the data -- along with paper records -- to try and determine the extent of the operation, identify more clients and other possible suspects.

Investigators are unsure at this point if the data will reveal if there is a "Mr. Big" who could have bankrolled the operation, or if the three suspects started the business and operated it independently.

"That's a good question," Mullen said in an interview Saturday. "It's hopefully something we will be able to develop through the electronic data and the phone records, to see if anybody else was involved, if there was anybody that money was going to and coming from. We will certainly examine the written records and the electronic records hoping to determine if there was anybody they answered to or who may have come before them and how long they were involved."

The three suspects are Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home.

The implication of information revealed by law enforcement officials so far, based on the size of some bets placed and the amount of money lost by some, is that the alleged operation went far beyond Super Bowl pools and March Madness grids.

Mullen said so far it looks like the alleged bookies were accepting wagers on the gambit of sporting events, including professional and college football and basketball, professional baseball and hockey as well as other sporting events.

Given the possible scope of the alleged operation, Phillips, Bordinaro and Engel are facing more than just legal issues. There are also career and tax implications that will arise independent of the criminal investigation.

The two firefighters are also accused of accepting bets through phone calls and text messages they received while on duty.

The Batavia Fire Department is likely to start disciplinary procedures at some point, which could conceivably lead to the loss of careers that spanned close to 20 years on the job for Phillips and Bordinaro.

In New York, public safety employees can retire after 20 years.

If the department decides to pursue disciplinary actions, according to Section 75 of the NYS civil service code, Phillips and Borindaro will be suspended without pay (they are currently suspended with pay). The department will then have 30 days to conduct a hearing on the charges.

The hearing is open to the public, unless Phillips or Bordinaro request that it be closed, and they can be represented by legal counsel.

If the charges are sustained, the two firefighters could be terminated.

The process takes place independently of the criminal legal system.

Engel, who is also part of the state retirement system, has 17 years on the job, according to court records. He would be subject to the same disciplinary process if his supervisors elected to pursue disciplinary action.

On the tax front, it wouldn't be unusual, according to Mullen, for the District Attorney's Office to contact state and federal tax officials if the investigation reveals some amount of undeclared taxable income.

"Certainly, the District Attorney's Office has done that before with investigations," Mullen said. "We would provide them (state and federal officials) with the information they needed to conduct their investigations."

Sheriff Gary Maha said Friday that it is hard to believe the alleged gambling operation wasn't profitable.

"They wouldn’t be in the business if they weren’t making some money," Maha said.

Mullen said at this point it's hard to estimate just how much money they were making.

"There were days where they were doing $300 or $400 and a couple of days where they were doing thousands of dollars," Mullen said. "I don't even know how to accurately put an average on it right now. I anticipate that by the end of the week, after we've had an opportunity to review the paper records better, we'll have an idea of how much was being wagered on a weekly, a monthly, and for 2011 -- an annual basis."

Given the amounts of money being wagered, Maha said he doesn't agree with the assertion of some people that gambling is a "victimless crime."

"Talk to some of the wives and families who are losing thousands of dollars to a bookie," Maha said. "I think now days a lot of people accept gambling. We have the racetrack and we have lottery and lotto, but still, it’s illegal to run a gambling enterprise and profit from it."

When a family man is losing as much as $10,000 a year, there are victims, Mullen said.

"That money comes from somewhere," Mullen said. "They're less able to provide for their families. It's an addiction not unlike drugs."

In a bookmaking operation where people are betting -- and often losing thousands of dollars -- a bookie would need to ensure he could collect debts in order to remain profitable.

In the Hollywood legend of backroom sports books, there is usually muscle behind the bookie to ensure debts are paid. Mullen said so far there is no indication that Phillips, Bordinaro nor Engel threatened to break anybody's thumbs.

"We haven't had anybody come forward to volunteer that kind of information," Mullen said. "That's one of the things we will be asking as we identify people on that list, but at this point it's undetermined how they were collecting debts. Hopefully, we'll be able to determine some of that between reviewing data and conducting interviews."

Also as-yet-undetermined is if people outside New York were placing bets with the alleged Batavia bookies.

If such bets are uncovered -- or if it turns out the alleged bookies were keeping out-of-state bank accounts -- the information will be turned over to federal authorities, Mullen said.

For gamblers who might be nervous about the investigation, it's not illegal in New York to place bets.

It's not even against to the law to accept a bet, if you're not profiting from the transaction (taking a rake, charging a vig, etc.). It's only illegal to run a gambling operation as a profit-making enterprise.

"You're really running a business and there’s a lot of implications to that -- above and beyond what the New York State penal law says as far as reporting your income or paying traxes or not paying taxes," Mullen said.

At the press conference Friday, Mullen -- a volunteer firefighter with the Town of Batavia -- was clearly concerned about the impact this investigation might have on the City of Batavia Fire Department.

"Through my contact with Chief (Jim) Maxwell and the firefighters there, this is not a distraction to them," Mullen said. "They are an extremely well-trained, professional group of people and it is a well-run department. They are professionals who are above the conduct of any one or two individuals in the department."

As a public service employee, he's also bothered by what he perceives as a break in public trust by the suspects.

"When you accept a job as a public servant, especially in the sector of public safety, I think you're held to a higher standard," Mullen said. "The pay and benefits that go along with those jobs -- jobs that are obviously involved in helping people to protect life and property -- your work focus should be on work and not occupied by illegal activities."

Lance Engel

Not a lot of wind damage to report so far tonight -- but a window at the WBTA radio studios at Main and Center streets blew out about an hour ago. Frank Bellucci and his son, Frank Jr., from Short Notice handyman service responded to put a patch on the damage.

In other weather-related news (posted by Billie):

UPDATE 8:12 p.m.: Wires are arcing on a pole at 9009 York Road. Le Roy Fire Department is called. National Grid has been notified. The pole number is 8982. Le Roy Fire Police are called to shut down traffic at York Road and Route 5 and also at York and Harris roads.

UPDATE 8:16 p.m.: A transformer is involved. Additional manpower is requested.

UPDATE 8:38 p.m.: A large tree is reportedly down and blocking traffic in the vicinity of Circular Hill and Oatka Trail roads in Le Roy. The county highway department has been notified.

UPDATE 8:47 p.m.: The wind is wreaking havoc on the windows at the dilapidated Wiss Hotel, located at 78 Main St. in Downtown Le Roy. "Two windows are smashed in front of the place and I don't know if anymore are going to come out," a witness told dispatch. Meanwhile, a rep for National Grid is on scene at the York Road arcing pole incident.

UPDATE 9 p.m.: York Road is reopened. Le Roy units responding to that call are back in service. National Grid is handling the situation.

UPDATE 9:03 p.m.: The glass in front of the Wiss Hotel has been swept up and disposed of.

UPDATE 9:04 p.m.: County highway department workers and Sheriff's deputies are on scene at the site of the fallen tree on Circular Hill Road. Le Roy firefighters were also there but are now clearing and back in service.

The governor's office is announcing today that PepsiCo along with a German dairy company, is building a Greek yogurt plant at the Genesee Valley Agri-Business Park.

The announcement confirms reports first published exclusively by The Batavian in November on the name of the company behind the once-secretive Project Wave.

The facility will employ 186 people in the first three years, according to Steve Hyde, CEO of the Genesee County Economic Development Center.

"This validates our strategy of building shovel-ready sites and validates that our community and our region are well positioned for companies to locate here," Hyde said. "For a Fortune 50 company to validate our strategy -- I'm tickled pink to have a company like that commit to come here."

The plant is a joint venture between PepsiCo and the Theo Muller Group.

GCEDC helped spearhead negotiations that involved Empire State Development  providing PepsiCo with a $5.7 million PILOT tax abatement over 10 years and relief from $5.4 million in sales tax on construction materials and office equipment.

Hyde said Project Wave is the biggest new manufacturing operation to come to Batavia since Sylvania opened its plant here in 1953.

Lance Engel

Three Batavia men, including two city firefighters, who are accused of operating an illegal gambling operation, are being released from jail this afternoon following a bail review hearing in city court.

All three entered not guilty pleas to the charge of criminal possession of gambling records, a Class E felony.

Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home, were arrested Thursday following a six-month investigation.

The trio was initially arraigned Thursday and Justice Robert Balbick was required, because of the felony charge, to order them held in Genesee County Jail without bail pending a report by Genesee Justice of their bail status.

The report on all three recommended, because of their strong ties to the community, that they be released on their own recognizance.

Attorney Larry Andolina is representing Phillips. Asked what he made of the charges, he replied to a reporter, "Are you looking for something other than dumb?"

He added, "I think prosecuting somebody for gambling in New York State is at best, dumb. As I was leaving the Sheriff’s department today, there’s a sign with an arrow that says 'Batavia Downs Race Track and Casino' and it points that way. If you drive down that way, there’s lottery tickets on every corner, there’s Power Ball every where, I just don’t understand it."

Phillips is a longtime resident with extended family in the area. He's married with children and owns his home. He's worked for the city 17 years.

Phillips is also accused of possessing a small amount of cocaine and is charged with criminal possession of a controlled substance, 7th.

Bordinaro is married, too, with one child at home and he's a homeowner. He's been employed by the city 18 years.

Engel has a wife and three children, owns his home and has been employed by the state for 17 years.

The alleged bookies had several friends and family members in the courtroom during the hearings.

Anolina explained that under state civil service law, the two city firefighters will stay on the payroll until the department files charges. Once charges are filed -- this is a process outside the judicial system -- the department will have 30 days to hold a disciplinary hearing or reinstate their pay.

The Rochester-based attorney reminded reporters that "suspects are innocent until proven guilty."

"These are good people," he said. "They are good men. We’re not dealing with people who are bad people. They are good family men."

COMING: The Sheriff's Office conducted a press conference this afternoon. We'll post a separate story on that later.