batavia

City firefighters were at the Tonawanda Creek behind the courthouse this morning for some water rescue practice. It was a fairly simple exercise -- get the inflatable raft in the creek and guide it using ropes to waterfalls. It's been some years since anybody has drowned in this area of the creek, but the firefighters wanted to put together a plan to get the raft to the falls in case anybody ever becomes stuck there.

Margarita's Mexican Restaurant was shut down by the New York Department of Taxation and Finance just before noon today. The only information from officials on scene was that it was a "tax issue."

Tax Compliance Agent Elizabeth Schmidt, hanging the "seized" sign above, provided The Batavian with a phone number for the department's press office. We're expecting a call back. While Schmidt posted the sign, a locksmith was busy changing the locks. The business won't reopen until all back taxes are paid.

UPDATE: Susan Burns, spokeswoman for the taxation department called: Best Margarita's Grill, Inc. owes taxes on four warrants, with the oldest being back sales taxes from the second quarter of 2009. The four warrants total $32,914.

"We're in the process of working with the taxpayer and the indication is we will work something out fairly quickly," Burns said. "They should be re-opening soon."

The four warrants: Aug. 5 -- $16,166 for sales tax; Aug. 5 -- $1,373, for corporate tax; July 1 -- $64 for corporate tax; and April 2 -- $15,311 for sales tax.

"We always try to work with the taxpayer and negotiate a settlement," Burns said. "It's best that the business stay open for the community and that's what we work to see happen."

UPDATE: WBTA also learned that Margarita's reportedly had additional tax warrants dating back to 2007 that were paid. The total of the paid-up back taxes is $14,246.

Duane Martin Bush, 61, of Silver Road, East Bethany, is charged with a felony DWI, aggravated DWI, aggravated unlicensed operation of a vehicle, 1st, failure to keep right and operating a motor vehicle without a license. A witness reported seeing a vehicle driving on Francis Road with a deteriorating tire at around 11:38 a.m., Tuesday. Deputy Brian Thompson responded and located a white van at 11145 Silver Road, East Bethany. Thompson would learn the van was allegedly driven by Bush, and that Bush had operated the van for about 11 miles without a right rear tire. Bush has allegedly been driving without a license since 1977. Bush allegedly drove with a BAC at least 3.5 times over the legal limit. Bush's license was reportedly revoked for a DWI conviction within the past 10 years.

Christopher D. Olin, 21, 679 E. Main St., Batavia, is charged with sexual misconduct. Olin is accused of having sexual intercourse with a person without her consent while at his apartment on May 26.

Thomas J. Torres, 47, of 113 Jackson St., Apt. 4, Batavia, is charged with unlawful possession of marijuana. Torres was cited at 1:17 a.m. today in the area of 40 Ellicott St., Batavia.

Richard Devan Westbrook, 22, of Clifton Street, Rochester, was picked up on an arrest warrant for alleged petit larceny. He was turned over to local law enforcement by the Monroe County Sheriff's Office. He was jailed on $1,500 bail.

The following is a statement from Marilyn Warner (Drilling) regarding her resignation from the director's position at the Holland Land Office Museum:

Several of you, my friends, have called to ask why I so abruptly submitted my resignation to the board of the Holland Land Office museum. There are many reasons, but two I would like to make public.

I was married on July 31st , moved to Wyoming County and am now raising my two college-bound daughters along with my husband’s three young children. John and my girls are my primary responsibility and I am truly looking forward to focusing on our expanded family and less time on outside work duties. As you know, the job as director of the Holland Land Office Museum included many nights and weekend engagements.

Equally as important is my dedication to the creation of the honorary International Peace Garden in Batavia and the many opportunities it brings for the financial future of the Museum and the tourism industry in Genesee County. Due to the support of the County Legislature and the Chamber of Commerce, a small core of volunteers has now developed a nonprofit group known as the Friends of the Peace Garden Legacy Genesee, which will allow us to fundraise and write grants for the project.

We are working with the International Peace Garden Foundation and the BiNational Tourism Alliance to be included in regional and cross-border marketing plans for the anniversary of the War of 1812. The current leadership of the Museum recently requested that my energies on this project be spent as a private citizen. My resignation will allow my continued involvement in this exciting venture.

I have also been offered several development consulting opportunities that I have not been able to pursue due to my work obligations and time constraints operating the Museum.

I am very proud of the many accomplishments I orchestrated during my year as the Museum Director. Working with then-assistant director Emily Conable, we took to the task of reorganizing the Museum collection and repositioning the marketing program to focus on the land Purchase and its significance to the development of New York State. This winter’s temporary exhibit highlighting rare surveying equipment and the spring women’s exhibit featuring Genesee County females “ahead of their time” attracted many new visitors from throughout the eight-county region.

The Museum interior took on a new appearance as pieces of the collection are now regularly rotated from storage to displays. New marketing pieces were created and unique low-cost marketing techniques were implemented. Most important are the many collaborative community relationships that have been built during these months, especially with Genesee Community College, the county historians and key partnerships with the Chamber, Richmond Library and GoArt.

The Holland Land Office Museum is a vibrant, exciting treasure in Genesee County and it has been my honor to serve as its director.

The young deaths in Oakfield will not be forgotten thanks to Shanda Mabon and the Jarvella family that has worked to team up with TopLine Shirt Company to bring memorial merchandise to friends family and the Genesee County community.

Shanda Mabon, whose sister Amanda Mabon was killed in a car accident about three years ago, organized the ordering of wristbands for Josh Durham, Matt Ware and Allyson Galens. The purple wristbands will say "Live, Laugh, Love" and will have hearts as well as each of the three names.

The Jarvella family, friends of Justin Dickes, contacted TopLine to have shirts made up for his family.

"The proceeds will go to his father to help him cover his (funeral) costs," says Angela Jarvella. The shirts will have his initials "JD" and a cross on the front as well as his name and a guitar, which was one of his passions, on the back.

"It's something we really wanted to help with," says Tim Walton, owner of TopLine. "This has been a tragedy for the families and community and we are glad we could help in whatever way we can at this time"

Mabon has already sold over 200 wristbands and is waiting for another order to come in within the next two weeks. The shirts can be pre-ordered this week by contacting a member of the Jarvella family or TopLine at 585-219-4311. Both the bands and shirts will be available for purchase inside TopLine Shirt Company at 214 E. Main St. in Batavia.

The bands are available for $2 and the shirts are available for $10. Proceeds from the sales benefit the families of the crash victims.

Mabon also has other ideas she is planning to benefit the families. If anyone is interested in helping her with any events you can contact her at shandamabon@hotmail.com.

Michael L. Jackson (pictured), 29, of Seneca Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd. Jackson is accused of selling prescription medication to an agent of the Local Drug Enforcement Task Force. Jackson was arrested Saturday and jailed without bail.

Jonathan Chad Sisk, 37, Chili-Riga Center Road, Riga, was arrested for alleged failure to appear on a petit larceny charge. Sisk was taken into custody by Monroe County Sheriff's deputies and turned over to Genesee County. Sisk was jailed on $500 bail.

Mitchell Edward Bryan, 18, of East Bethany-Le Roy Townline Road, Stafford, is charged with unlawful dealing with a child. Mitchell is accused of hosting an underage drinking party.

Craig Alan Tiberio-Shephard, 21, of Lathrop Avenue, Le Roy, is charged with DWI and speeding. Tiberio-Shephard was stopped 7:39 p.m., Saturday, on Route 33 near Colby Road in Darien by Sgt. Greg Walker. Walker responded to Route 33 following a complaint of an erratic driver. Tiberio-Shephard allegedly refused to submit to a breath test.

Kevin R. Eustice, 41, of 18 Church St., Le Roy, is charged with harassment, 2nd. Eustice is accused of pushing his ex-girlfriend. The alleged incident occurred at 11:50 p.m., Sunday.

Forrest F. Ansel III, 20, of 572 E. Main St., Batavia, is charged with harassment, 2nd, and criminal contempt. Ansel is accused of punching a family member at 2:35 p.m., Sunday. There is reportedly an order of protection in place involving Ansel and the family member. He was jailed on $1,000 bail.

Donald A. Stirk, 30, of 639 E. Main St., Batavia, is charged with criminal possession of a controlled substance, 7th. Stirk was charged after a Genesee County probation officer visited Stirk's residence and allegedly found crack cocaine residue on a pipe.

Candice J. Wells, 25, of 5280 Old Telephone Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater, and running a red light. Wells was stopped at 2:20 a.m., Saturday, on West Main Street, Batavia, by Officer Marc Lawrence.

(name redacted upon request) 18, of Hidden Meadow Drive, Marcy, is charged with unlawful possession of marijuana. xxxx was stopped in a car at 11:31 p.m., Aug. 5, on Route 5, Pembroke, by Deputy Patrick Reeves.

name redacted upon request, 18, of Walker Road, Deerfield, is charged with unlawful possession of marijuana. xxxx was reportedly located in a car parked on Route 5, Pembroke, at 11:31 p.m., Aug. 5, by Deputy Patrick Reeves. Reeves reported smelling the odor of marijuana. After checking the car, Reeves allegedly found marijuana and paraphernalia.

Eric J. Shultz, 30, of Main Street, Akron, is charged with DWAI (alcohol and drugs), and failure to comply with the lawful order of a flag person. Shultz reportedly exited the Tom Petty concert 11:58 p.m., Saturday, and nearly struck a flag person directing traffic.

Samuel Leonard Thomas, 51, of Lyell Avenue, Rochester, is charged with attempt to evade cigarette tax. Thomas was stopped for an alleged traffic violation at 2:08 p.m., Sunday, on Route 63 in Oakfield, by Deputy Loni Nati and allegedly found in possession of 32 cartons of untaxed cigarettes.

Rebecca Lee McCoy, 19, of Simonds Road, Darien, is charged with unlawful dealing with a child. McCoy is accused of hosting an underage drinking party Sunday morning.

Trevor Bent McGuckin, 19, of Johnson Road, Churchville, is charged with criminal possession of a hypodermic instrument, unlawful possession of marijuana and unlawful possession of fireworks. McGuckin was stopped at 1:04 a.m., Sunday, on West Main Street, Batavia, for an alleged traffic violation by Deputy Patrick Reeves.

Michael Anthony Amadori, 53, of West Tillen Road, Boston, is charged with DWI, driving with a BAC of .08 or greater, speeding and failure to keep right. Amadori was stopped at 11:23 p.m., Saturday, on North Main Street in Corfu by Deputy Patrick Reeves.

Mark E. Beatty Jr., 31, of 46 Church St., Le Roy, is charged with petit larceny. Beatty allegedly tried to leave Tops Market with a shopping cart full of merchandise without paying for the items.

Aaron R. Bosse, 19, of 6971 Knowlesville Road, Alabama, is charged with unlawful dealing with a child. Bosse is accused of hosting an underage drinking party Friday night.

Kyle John Helak, 18, of Meadow Lane, Attica, is charged criminal possession of a controlled substance. Helak allegedly did not have a prescription for medication he possessed while at Darien Lake.

Genesee County Habitat for Humanity is starting its eighth house in about 11 years.

The blessing, with the new family that will be working along with many volunteers to completely renovate the house, was held Saturday afternoon with friends and relatives in attendence.

Angelina, Nikalina and Carmelina have been selected for the house at 150 State Street in Batavia.

The mother of two will have to complete hours of "sweat equity," and when finished, the keys will be turned over to her family.

Habitat will carry a 30-year, interest-free mortgage on the cost of materials.

Check geneseehabitat.com for updates on the progress of the renovations and all questions about Habitat.

Jessica Tomidy, executive director of GCHFH, on right, assisted with the blessing.

Batavia Police are looking for a tan Jeep Cherokee that probably has extensive front-end damage.

The SUV was reportedly involved in a hit-and-run accident on Richmond Avenue near VanDetta Stadium at 2:15 a.m.

One person was injured in the accident. The 41-year-old victim has not been identified by police. The woman was sleeping in the vehicle, which was legally parked. She had attended an earlier event at the stadium sponsored by the American Cancer Society.

Anyone with information is asked to call BPD at 585-345-6350.

A 33-year-old Batavia man pled guilty today in U.S. District Court to a felony charge of receiving child pornography.

Samuel W. Nigro faces a prison sentence of five to 20 years and a fine of up to $250,000.

The case was prosecuted in a Buffalo federal court by Assistant U.S. Attorney Aaron J. Mango. Mango said Nigro received images and videos of child pornography using various internet sites on or about Dec. 9, 2008.

A search warrant was executed on Nigro's Batavia residence on Dec. 9, 2009. Mango said a forensic analysis of Nigro's computer revealed a total of 5,239 images and 113 videos of child pornography.

Sentencing is scheduled for 1 p.m., Nov. 16 in Buffalo.

This entry concludes Sunday's article on the comments of Victor DeSa, M.D., who spoke to senior citizens at Batavia's First United Methodist Church last week.

Please remember, this is a summary of DeSa's presentation and does not necessarily reflect the views of The Batavian:

Medicare, Medicaid and senior services

By requiring insurance companies to expand coverage, the new health care law will drive costs up, according to DeSa. The government has told consumers that these costs will be offset by subsidies for people making less than $80,000 per year.

These subsidies will be coming, in part, from a $500 billion cut from Medicare -- and that's where senior citizens and others eligible for Medicare should be concerned.

But this is not the only problem. Both Medicare and Medicaid, which DeSa called "the original two public options," have met with disaster. Medicaid has already failed, and Medicare is on the brink of failure.

"The government has no idea how to handle the rising costs. Their idea of handling the costs is to take a machete to (the programs) and cut."

The result is the "doctor fix," a 21-percent cut in doctors' reimbursements. This could be disastrous in a system where the cost of providing services is already greater than what the doctors receive in compensation.

For that reason, many doctors no longer accept Medicare. The Mayo Clinic in Arizona has already determined that because of the new health care legislation, it will no longer deal with the program.

"So Medicare patients are going to have fewer and fewer choices of who is going to take care of them."

With fewer doctors available, waiting periods will increase. So the direction Medicare is taking presents seniors with a double disadvantage.

The government "carved the 21-percent doctor fix out of the bill" in order to avoid upsetting America's seniors, but that doesn't mean they've addressed the cost. They are simply pushing it to the side and will have to deal with it later.

"Six months down the road, they have to still come up with a fix for this 21-percent cut that they are going to make on Medicare payments to the doctors."

So that's the story with Medicare and Medicaid. As far as insurance for retired citizens goes, people who worked in the public sector should be okay (although DeSa said it's not impossible that this could change, because "anything is possible" with what the government is doing), but people in the private sector should be concerned.

What to do?

When asked how we can change the course we've taken, DeSa answered: "We've got to kick out the guys who did this."

He appealed to the power of senior citizens -- which he became two years ago -- who are "feared in Washington because we vote."

Many seniors were suspicious when the government said that $500 billion had to be cut from Medicare to cover health care.

"If they really addressed costs the way we asked them to do, a person making $40,000 a year be able should be able to afford health care coverage without subsidies, don't you think?"

Failure to address the problem of cost in the current system was one of DeSa's main critiques of the health care bill. He said that in looking for alternative plans, we need to look for one that does address them.

Counting the costs 

There are three main factors driving health care costs:

1) Overuse

Back in the old days, when there was usually only one doctor in town and he had to go to patients' homes to treat them, people only went to the doctor when there was something really wrong.

Now, with easy access to medical examination and treatment, people will go to the doctor -- and even to the emergency room -- whenever they have a minor health concern.

"We have to change that if we want to truly address the cost of health care."

But it's not just patients -- doctors sometimes overuse the system, too.

"I hate to admit it, but there's greed in every profession. There are bad apples in every bunch, and you've got to admit it."

2) The fact that people have insurance in the first place

Strange as this may sound, this can be a problem.

"Insurance is like a credit card, but you don't have to pay every month. So there's no incentive for you to be prudent with the costs. You don't even want to know what the cost is, you just want the health care."

DeSa believes that while insurance cannot be eliminated altogether, people should reduce their dependence on it. For health purposes, they should only turn to insurance in times of emergency.

Generally speaking, the way people take care of this part of the cost is by having "skin in the game."

"If you shop around for a car or a house, why shouldn't you be able to shop around for a doctor? Especially in this day and age, with the Internet and everything."

3) Liability

"Everything from a Band-Aid to a heart valve has a mark-up depending on the risk."

In other words, the more dangerous the a product or its failure can be -- and, therefore, the greater the likelihood of a lawsuit -- the more expensive the product.

Because the liability cost is factored into the price of the product itself, "the little guy gets it in the neck every time."

DeSa fully supports the patient's right to sue when a doctor has done something wrong or is incompetent, but he also believes that the whole liability issue should be looked at when considering the cost.

Government out, skin in (the game)

Costs are going down for procedures that are not covered by insurance (Lasik surgery is one example). The reason?

Competition.

"Costs come down if there are market forces in place."

DeSa saw this in his native India, which had a socialized health care system until the early 1990s.

When he was studying at Jabalpur University in the mid '60s, the Indian government had total control of health care and sent all competing forces out of the country.

The effect of this was what DeSa called a "brain drain."

"The best and the brightest (doctors) were all leaving the country."

He sees the same thing happening here in Western New York, where there is a serious shortage of doctors.

"Over 80 percent (of young doctors surveyed at Western New York teaching institutes) say they'll train here, but they're not going to stay in New York to work. We are known as one of the most heavily taxed and over-regulated states in the country."

Our response to this situation should mirror the response taken in India back in 1990. At that time, India began to default on its World Bank loans. Finance Minister Monmohan Singh -- who is now India's Head of State -- saw that the system was not working and started the country on a different path.

"He got rid of the government, encouraged entrepreneurship and lowered taxes."

Above all, the patient must take responsibility and be in control of his/her own health care. It can't fall to the federal government to make important decisions regarding people's health care, no matter how well-intentioned they might be.

Déjá vu

In addition to drawing from the experience of his native country, DeSa also discussed two other examples of what he sees as a health care system set up for failure.

The U.S. government's new health care model is based on the Massachusetts health care model, which DeSa called "an abject failure." He cited problems related to his comments about young, healthy citizens abusing health insurance.

"Just Google 'Massachusetts Health Law -- success or failure?'"

Socialized health care has proven disastrously ineffective in Britain as well.

"Just this month, Britain recognized that its system is a failure and said they are going to change the whole thing."

Part of that change will be a shift in power from bureaucrats -- of which there are 1.5 million overseeing the United Kingdom's National Health System -- to the doctors. As good as this sounds, DeSa fears it may be too late for it to work.

"The doctors (in the UK) have no business experience. Up to this point, the government has been taking care of everything."

His concern is that U.S. doctors will share a similar fate. As his presentation drew to a close, he told everyone that under the government's new plan, there will be over 120 new bureaucracies controlling health care.

DeSa admitted right at the start of his presentation that he had a bias as a health professional. He encouraged everyone to do their own research and decide for themselves whether or not the new health care reforms are to be welcomed or feared.

UPDATED 11:59 a.m.

With recent reports that the Rochester Red Wings are not likely to operate the Batavia Muckdogs for a fourth, reportedly money-losing season, the local owners of the storied franchise announced today they are seeking a buyer for the ball club.

Presumably, the owners, Genesee County Baseball Club, will seek an owner willing to keep the team in Batavia, though that's not yet confirmed.

Club President Brian Paris said ideally, the Genesee County Baseball Club will be able to find a buyer willing to keep the team in Batavia.

"Obviously, that's our first preference," Paris said.

But he's also hopeful that just like the miracle of the Red Wings rescuing the team at the last minute three years ago, perhaps another miracle will keep the team in GCBC hands.  What the club needs, he said, is three or four deep-pocket Western New York companies to step forward with sponsorships of $25,000 to $50,000 each.

It happens in other small markets, he said.

"That's a very realistic thought because other teams have those kinds of sponsorships," he said.

Paris said he doesn't blame the community.

"The tragic portion of this, is that we are on brink of losing the team and I think I’ve tried to be very frank with people and the media that this is what could happen if we don’t have a greater amount of support in ticket sales and sponsorship," Paris said. "I love Batavia and this is something we're just going to have to work through one way or another."

One of the team's most valuable assets is its name, Batavia Muckdogs. Little League teams across the nation have licensed the logo and name. It the team moves, it will no longer be the Batavia Muckdogs.

Paris said it's too soon to talk about scenarios involving no buyer being found, or a buyer being found and the team being moved to another city.

"I hate to be Pollyanna, a small town tree hugger, but something good is going to come of this," Paris said. "It’s going to work out. We just don’t know what it is yet."

Full press release after the jump:

BATAVIA, NY—The Genesee County Baseball Club, the not-for-profit organization that owns the Batavia Muckdogs of the New York-Pennsylvania Baseball League, announced today that it is soliciting offers from potential buyers of the team.

For the past three years, Rochester Community Baseball, owner of the Rochester Red Wings, has operated the Muckdogs under an agreement with the GCBC. The Red Wings have informed the GCBC that it is unlikely that the relationship will continue for a fourth year.

“We thank the Red Wings for these last three years, which included the memorable 2008 championship season,” Paris said. “They have indicated that they are probably going to move on, and we respect their decision.”

Paris said that the GCBC will give “strong preference” to potential buyers who pledge to keep the team in Batavia.

“Batavia has had a team in this league since 1939,” said Paris, “and we are very hopeful that we can find a buyer who appreciates the rich history, family atmosphere, great ballpark, and wonderful community spirit of Batavia.”

The NYP League, then called the PONY League, was founded in 1939 at a meeting at the Hotel Richmond in downtown Batavia. Batavia and Jamestown are the only two original PONY League cities that are still in the league.

Willie J. Woods Jr., 36, of Casper Street, Rochester, is charged with one count of criminal possession of a controlled substance, 3rd, one count of criminal possession of a controlled substance, 7th, and aggravated unlicensed operation of a vehicle. Woods was stopped at the entrance to the New York State Thruway by members of the Local Drug Enforcement Task Force and uniformed deputies. Woods was nabbed after a month-long investigation into the trafficking of crack cocaine in Batavia. Woods was allegedly found in possession of 22 bags of crack and a quantity of suboxon as well as $2,000 in cash. Woods was jailed without bail.

Jerry T. Saddler, 34, of 112 State St., Batavia, is charged with disorderly conduct and harassment, 2nd. Saddler was reportedly involved in an altercation in a front yard on State Street on Wednesday. Saddler reportedly aggressively approached neighbors and used profane language, leading to a disorderly conduct charge. On Wednesday, the woman he reportedly hit in the face declined to press charges. She changed her mind on Thursday and Saddler was charged with harassment, 2nd.

Ra Aaron, 39, of 111 Liberty St., Apt. C, Batavia, is charged with harassment, 2nd, disorderly conduct, attempted assault, 3rd. Aaron reportedly aggressively approached a person on Lewis Place and grabbed her by her wrists. When police responded, Aaron was located a short distance away. When approached by Officer Thad Mart, Aaron allegedly threatened the officer and then attempted to punch him. Aaron was jailed on $1,000 bail.

Martin L. Flickner, 48, of 4503 York Road, Leicaster, is charged with grand larceny, 3rd, and falsifying business records, 1st. Flickner was taken into custody on an arrest warrant upon his release from the Livingston County Jail. He is accused of falsifying the business records of his employer and stealing more than $3,000 between July 2008 and January 2009.

One Batavia man was arrested and a warrant issued for another last week by Monroe County Sheriff's deputies for an alleged scheme to shoplift a basketful of items from the Home Depot in Henrietta.

Chad M. Johnston, 24, of Batavia, was taken into custody Aug. 5 and a warrant was issued for Mark W. McWerthy, 43, also of Batavia.

The duo is accused of filling up two shopping carts full of identical merchandise, running one through a check-out stand while leaving one unattended, then returning for the second cart and trying to exit the store using the first receipt as a proof of purchase.

The cart reportedly contained more than $1,000 in merchandise.

Johnston, already on parole, was jailed without bail. McWerthy reportedly fled the scene before deputies arrived.

Both are being charged with grand larceny, 4th.

In February, Johnston admitted in Genesee County Court to a burglary on Fairway Drive, where he attempted to steal more than $1,000 in household items, including a washer and lawn mower. Johnston was reportedly on parole at the time.

Philip E. Kroft Jr., is indicted on ten counts of rape, 2nd. Kroft is accused of being 18 years of age or older and engaging in sexual intercourse with a person 15-years-old or younger. The alleged encounters occurred between Sept. 29 and Nov. 10, 2008, in the City of Batavia.

Kenneth R. MacGregor is indicted on three counts of criminal possession of a forged instrument, 2nd, and one count of aggravated unlicensed operation of a vehicle. MacGregor is accused of writing a forged check on June 4 in the Village of Corfu for $482.12, and on June 7 for $477.18 and on June 7 for $892.43. He is also accused of driving a car with his privileges suspended on June 7 in the IGA parking lot, Village of Corfu.

Javonie E. McKinney is indicted on one count of DWI and one count of aggravated unlicensed operation of a vehicle. McKinney is accused of operating a 2009 Kia on Bank Street, Batavia, on April 17 while intoxicated.

Tara Marie Gardner, 31, of West 3rd Street, Oswego, is charged with criminal possession of a stolen vehicle. Gardner was taken into custody at 7:51 a.m., Wednesday, on Route 98 near the Thruway entrance. The vehicle she was in was reported stolen earlier in Fulton. She was jailed on $100,000 bail.

John Patrick Smith, 39, of Somers Drive, Fulton, is charged with criminal possession of a stolen vehicle, DWI, and breath test refusal. Smith was taken into custody at 8:16 a.m. on Route 98, Batavia, following a complaint about use of a stolen credit card. The vehicle he was operating was reportedly stolen in Fulton. Smith was jailed without bail.

Jolene J. Goodell, 30,  of 13 Gilbert St., Le Roy is charged forgery, 2nd. Goodell is accused of altering a doctor's prescription in order to receive more of a narcotic medication. Goodell allegedly tried to pass the prescription in September at a local pharmacy, but a pharmacist detected the alteration.

Kathleen A. Wenzel, 62, of 8481 North St. Road, Le Roy, is charged with DWI, aggravated DWI with a BAC of .18 or greater and consumption of alcohol in a motor vehicle. Wenzel was taken into custody Wednesday on Lake Street by Det. John Condidorio after a witness reported seeing Wenzel seemingly having a hard time getting in and out of her car.

Several reforms in the policies and procedures of the city's plumbing board will be implemented following the Batavia City Council meeting Monday, where no council members raised any major objection to the plan.

After the meeting, City Manager Jason Molino said the next step is for he and his staff to meet with the plumbing board -- which currently consists of one master plumber and two city staff members -- and work out a plan for implementing the reforms.

The reforms include ensuring state laws regarding open meetings and public records be followed, that better records be kept and filed on applicants for plumbing licenses, and that a third-party company be found to fairly and unbiasedly administer plumbing exams.

The city must also continue looking for a new part-time inspector of plumbing -- a job candidate who can also share code enforcement duties.

If no such candidate can be found, then the city will need to have one of its current code enforcement officers be certified to perform plumbing inspections.

Councilman Bob Bialkowski said that's the one part of the plan that makes him the most uncomfortable. He would much rather have an experienced plumber performing inspection duties.

Three plumbers and the city's former plumbing inspector, Barb Toal, spoke during the public comments portion of the meeting, well before the city manager's report came up for council discussion.

The plumbers made general statements about the importance of plumbing regulation with regard to public health. Toal spoke more to the point of the report, questioning its accuracy on meeting notices and minutes and how exams were administered.

Toal's speech was delivered rapidly and was somewhat disjointed. She seemed to blame the lack of minutes and the fact no tests were administered for some period of time on the fact that the board has not been able to operate as a full, five-member board.

The city has traditionally found it difficult to meet state requirements to have a journeyman plumber on the board.

"There has not been a full plumbing board for a full year, so therefore there have been no meetings, no minutes and no business conducted,” Toal said.

Later in the meeting, council members discussed the fact that the board only needs three members present to conduct business.

Toal also criticized the report for claiming that meetings were not advertised with proper public notice in accordance with state law.

"Planning board meetings for last four years are on the third Wednesday of every month," Toal said. "What a surprise? How is the meeting not legal? How does management not know what’s going on?"

As for not administering tests, Toal said applicants were told that without a full board, the board couldn't write a test for them to take. She said they all understood the situation.

One of the speakers wasn't a plumber, but a customer of plumbers.

City resident Paul Passamonte discussed his own difficulty in finding a locally licensed plumber at a reasonable cost. It's the same topic Passamonte covered in a letter to the city last week.

Passamonte wrote that after hiring a contractor from Buffalo for a room addition, the same contractor offered a bid for the plumbing work. He said it would cost $3,200, but the contractor wasn't licensed in Batavia.

After obtaining the list of 31 licensed plumbers for Batavia, Passamonte said a surprising number didn't even live in Genesee County, and the ones who did usually didn't return his calls. Only four ever acknowledged his calls and only two showed up and gave bid estimates -- one for $5,200 and the other for more than $12,000.

When the plumbing report came up on the council agenda for council discussion, Councilwoman Rosemary Christian had her hand up first.

She wanted to know why, if the board had been meeting for more than a decade without proper meeting notices and minutes, why that problem wasn't caught earlier.

City Manager Jason Molino said that part of the issue is that the board wasn't being required to file their documents with the city clerk's office. The board was only dealing with the plumbing office, so there wasn't any additional oversight.

"I can’t give you an answer for why this has gone on for a period of time, but we’ve identified it and now we need to correct it," Molino said.

Councilman Bill Cox suggested that when a person files an application to take a plumbing test, the application should be logged in the city clerk's office and the applicant should receive a formal letter of acknowledgment in a timely manner. The rest of the council concurred.

That was the one additional reform added to the city manager's proposal.

Council President Marianne Clattenburg praised the report as thorough, well documented and factual.

"It's not emotional," she said.

"I think we also have to keep in mind what the plumbing board is all about and how it benefits the city when we have a fully functional, fair plumbing board and a competent plumbing inspector," Clattenburg added. "It is ultimately about serving the citizens of the community. It really isn’t about serving one interest."

After the meeting, Molino said the reforms should make a big difference in how plumbing business is conducted in the city.

"The recommendations, I don’t think are monumental, but in terms of significant change, they’re important," Molino said.

Photos: Christian, Molino and Bialkowski.