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Iraq war vet died of wound to head after fall

By Howard B. Owens

Iraq War Veteran James M. Maher was a troubled young man who had at least one acquaintance frantically searching for him hours before his death because he had threatened to harm himself. But a medical examiner has concluded he did not take his own life,

Maher, 27, died of blunt-force trauma to his head. The injury, a result of a fall. There were apparently no witnesses.

Police say Maher had been drinking prior to his death. He had also placed phone calls to friends threatening to harm himself.

A hotel employee contacted The Batavian yesterday and reported that a man entered the hotel about 9:30 p.m. on Saturday and said he was looking for a PTSD patient who had left the VA facility and had threatened suicide.

The body of Maher was found in the bushes next to Blockbuster on Lewiston Road about 10:15 p.m. on Saturday.

Maher, a Mechanicville resident, was a patient at the VA Medical Clinic, where he was being treated for PTSD (Post Traumatic Stress Disorder), according to an obituary published in the Albany Times-Union.

The police will continue to investigate the case, according to a news release this morning, as they try to track down Maher's movements prior to his death.

Batavia: 250th hottest place to retire

By Howard B. Owens

You might not think of Batavia as a hot retirement destination, but according to a study by American City Business Journals, it is -- after 249 more popular choices.

That's right -- Batavia, in wintry, high-taxed, economically challenged Western New York is the 250th hottest place to retire.

That puts it ahead of such places as Klamath Falls, Oregon, Knoxville, Tenn., Clewiston, Florida and Bay City, Texas.

A total of 940 cities were ranked in the list.

Young man found dead Saturday in Batavia was Iraq War veteran

By Howard B. Owens

A young man who was found dead outside the Blockbuster store on Lewiston Road on Saturday night was being treated for PTSD (Post Traumatic Stress Disorder) at the VA Medical Center in Batavia, according to an obituary published in the Albany Times-Union.

The obituary reports that James M. Maher, 27, died of injuries sustained in a fall.

The official cause of death remains under investigation. It has been categorized by Batavia Police as an "unattended death." No foul play is suspected.

Maher was an Iraq war veteran, having served an 11-month tour in Iraq with the Army 101st Armored Division, earning the Combat Infantry Badge and the Army Achievement Medal.

A 2000 graduate of Mechanicville High School, Maher entered he military and served in New York City immediately after 9/11.

He was born in Saratoga Springs, July 17, 1982, son of Michael Maher and Janet (Tony) Amoroso, both of Mechanicville.

According to the obituary:

After being released, James worked at several mortgage brokerage firms in the Capital Region, and lastly worked for Royal Pharmaceuticals of Malta. Growing up, James was always the "daredevil" of the group, enjoyed bridge jumping, parachute jumps and parasailing, or as his family says, "The faster and higher, the better."

Donations are encouraged in his name to Jack Wisby PTSD Clinic, c/o Dr. Paul Harrigan, VAWNY Health Clinic, 222 Richmond Ave., Bldg. 5, Batavia, NY 14020.

Truck off road, in swamp off Batavia-Oakfield

By Howard B. Owens

A pickup truck has reportedly gone off the road in the area of 2964 Batavia-Oakfield Townline Road.

The truck is reportedly in a swamp area.

No report on injuries.

Mercy EMS and Town of Batavia Fire responding.


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Pedestrian struck by truck on Summit Street

By Howard B. Owens

A pedestrian has been hit by a dump truck in the area of 29 Summit St., Batavia.

The initial report had people trying to help her get up.

Mercy EMS and Batavia Fire and Police are responding.

UPDATE 2:54 p.m.: The person struck was not walking, but on a bicycle.


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Car fire on North Spruce Street

By Howard B. Owens

Engine 12 and Ladder 15 are responding to a reported car fire at 20 N. Spruce St., Batavia.

The car is reportedly close to a structure.

UPDATE 9:20 p.m.: Engine 12 on scene. "Smoke showing."


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Cause of death still undetermined for VA resident found on Lewiston Road

By Howard B. Owens

A police official has confirmed that a body found near the Blockbuster location on Lewiston Road was an apparent suicide (see update below).

The victim was identified as James Maher, 27, a VA Home resident.

His family, from Mechanicville, was notified.

The official could answer no further questions and said the police department is planning a press release for Monday morning.

His body was apparently found in some shrubs near the business.

UPDATE 6:54 p.m.: Det. Pat Corona of the Batavia Police Department called a little while ago to emphasize that the police have not yet determined the cause of Mr. Maher's death. While suicide has not been ruled out, a "by the numbers" investigation has yet to arrive at a conclusive determination. There was no obvious signs of trauma, Det. Corona said. Within days, some initial facts will be available from the medical examiner, but it will take weeks (as usual) for toxicology reports to come back.


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Body found outside Blockbuster in Batavia

By Howard B. Owens

We've learned from multiple sources -- though there is yet no official confirmation -- that a body was found about 10:15 p.m. outside the Blockbuster store on Lewiston Road in Batavia.

The City of Batavia Police Department has not yet released a statement about the discovery and there is no information available at this time about the condition of the body or exactly where it was located.

Our news partner WBTA has attempted to learn more information about the discovery.

Here's one e-mail account we received at 11: 52 p.m. about the situation:

I was just at Sportos and was told that there was a body found behind  Blockbuster. There was police going to the scene at about 10:15. A news van  is present right now with about 3 police cars. This was confirmed by a  Trooper going into the restaurant. He could tell us no more.

GCEDC set to break ground on new agri-business part off Route 5

By Howard B. Owens

Genesee County will soon be home to the first shovel-ready agri-business industrial park in New York, according to Chad Zambito, spokesman for the Genesee County Economic Development Center.

GCEDC breaks ground on the project Tuesday and expects the first tenant to start building a $15 million food-processing facility in the spring.

"These are expensive ventures and private developers aren't willing to do it because of the cost that’s needed up front and the long-term return, so it’s something we have to do and we need everybody’s participation to make it happen," Zambito told WBTA.

The groundbreaking is scheduled for 10 a.m. at the Kennedy Building of the Genesee County Fair Grounds.

The 200-acre park is located between state routes 5 and 63 in Batavia and sits in close proximity to O-AT-KA Milk Products. 

At full build-out, the park is expected to provide 1,200 jobs in Genesee County and generate $2 billion in revenue over 25 years.

The first tenant, a Canadian-based food processor, will hire 100 people to work at its facility.

When the infrastructure installation is complete, the site will contain nearly 200 acres  serviced by industrial-class electric, gas and rail. The park is dedicated to agri-business applications including food and bio-fuels processing and is owned by a unique public/private partnership.

It also has access to 6 million gallons of aquifer water daily, ideal for food production applications, and sits in an Empire Zone.
 
The GCEDC, along with its real estate affiliate the Genesee Gateway Local Development Corporation and an affiliate of Farm Credit of WNY share ownership of the park.

It was largely made possible by a state grant recently approved by Empire State Development and a matching grant from Genesee County. The GCEDC, Town of Batavia, National Grid and National Fuel are also providing funding. 

Phase 1 construction, being completed by Zoladz Construction Company Inc. of Alden, NY, will include water, sewer and roadway base installation. 

Dog runs under stopped car and refuses to leave

By Howard B. Owens

Dispatcher: "You're going to love this one: At State Street and Washington, a couple pulled up to the intersection and stopped at the stop sign. A dog ran out and run under the car and now refuses to come out."

I'm not making this up.

Something meaningful for the Oak Street Roundabout

By Howard B. Owens

Work crews were planting plants in the middle of the Oak Street Roundabout today, which reminded me of a few conversations I've had around town recently -- what to put in the middle of the roundabout? Mere plants won't do.

There should be something important and meaningful there.

And in thinking about it -- it's Batavia, it's Oak Street -- what would be more meaningful and appropriate than a statue of John Gardner, and perhaps the word "LOVE"?

So there's a suggestion: Let's get a committee together, raise some money and make it a little shrine to Batavia's most famous literary figure.

Home on State Street has apparent natural gas leak

By Howard B. Owens

National Fuel is being asked to respond to 232 State St., Batavia, for a ruptured gas line.

Fire crews were originally dispatched because of a report of natural gas in the area.

The pipe is outside the house, right by the basement.

Officials have been unable to contact the residents.

UPDATE 6:36 p.m.: Batavia Fire has managed to shut off the gas, awaiting National Fuel.

UPDATE 6:49 p.m.: Batavia Fire going back in service, National Fuel on scene.


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Fire reported at Manor House

By Billie Owens

A City of Batavia fire crew was just dispatched to the Manor House senior housing complex at 427 E. Main St.. They're on scene and report nothing visible.

UPDATE (2 p.m.): Fire fighters have returned to service. Apparently, it was a false alarm or an insignicant incident.

Tenney jailed, but not yet sentenced in embezzlement case

By Howard B. Owens

Paul R. Tenney will spend tonight in jail, even though he was not sentenced today for admitting he stole more than $106,000 from Elcon, Inc..

Judge Robert Noonan agreed to postpone sentencing Tenney until he gets proof that Tenney attended an in-patient treatment program for substance abuse.

But there's no reason to let him go free since he apparently violated the terms of his pre-sentencing release. Plus, Tenney has purportedly trained his replacement at Elcon on its finance system, so his freedom is no longer warranted in that regard.

Elcon owner Edmend Leising told District Attorney Lawrence Friedman that Tenney wasn't all that cooperative. But the issue seems to be resolved.

"(Leising) is not asking for anything further at this point," Friedman said.

Attorney Gary Horton said he didn't understand Friedman's statement.

"He said he’s been at Elcon every day and trained the person hired to replace him," Horton said.

Local man given chance to prove he's not the man who drove drunk, resisted arrest

By Howard B. Owens

Court officers this morning talked about two men -- the Paul G. Grazioplene who is a local businessman, involved in youth sports and various community activities and a friend to many community leaders, and the Paul G. Grazioplene who was allegedly abusive to police officers the night of his arrest on a DWI charge.

Judge Robert Noonan took both descriptions into account this morning when he sentenced Grazioplene, owner of Extreme Sports, to four months in jail and five years probation.

The 43-year-old Batavia resident will serve an initial 15-day stretch and then serve the remainder of his term intermittently, from 8 a.m. Monday to 8 a.m. Wednesday every week until the four-month obligation is met.

He also was ordered to pay a $2,000 fine.

"I've sentence dozens of felony DWI cases every year," Noonan said. "Only a small portion of people are as good as you are, and only a small portion of people are as bad as you are. You are entirely two different people. We have letters from important people, leaders in the community. Community leaders think you're an entirely different person than you were on the night of this incident and at other times prior in your life."

Always prior to sentencing, defendants are offered a chance to make a statement, but many times defendants either decline to make a statement or say a few quick words about how sorry they are. But Mr. Grazioplene spoke for several minutes of his embarrassment and regret for the burden he's placed on people who rely on him.

"These people depend on me and I can do this (reform his conduct)," Grazioplene said. "Now I'm backed up against a wall and it's like fourth down and forever for me. Give me a chance to prove to that I can do this, and I will."

Noonan expressed some skepticism that Grazioplene can get past his bad behavior, but thought he deserved enough of a chance not to be locked up for six-straight months as District Attorney Lawrence Friedman requested.

"I'm going to give you enough taste of jail that you've got time to think about it," Noonan said. "You've got a hurdle ahead of you and it's a high one. You just told me you’re sure you can make it over that hurdle. I’m not so sure."

Police Beat: Alleged speeding leads to marijuana arrest

By Howard B. Owens

Kyle R. Thill, 20, of 1469 Lewiston Road, Alabama, is charged with driving while impaired by drugs, speeding (going 53 in a 40 mph zone) and unlawful possession of marijuana. Thill was reportedly stopped by Deputy Patrick Reeves at 1:16 a.m. on Nov. 1 on Knowlesville Road in Alabama.

Michael Willard Mairrose, 20, of 4111 S. Main St. Road, Batavia, was picked up on a DWI warrant from Town of Stafford Court. He was jailed on $500 bail.

James Valentino Brown, 20, of 162 Peck St., Rochester, is charged with criminal possession of marijuana. Brown was allegedly found in possession of marijuana while at College Village. He was jailed on $250 bail.

Jeremy Scott Yantz, 29, of 214 Ellicott St., upper, Batavia, is charged with DWI. Yantz was taken into custody on a warrant stemming from a previous arrest.

Hundreds spend hours in line for flu vaccine

By Howard B. Owens

Rain, sleet and snow didn't keep several hundred people from trying to get flu vaccinations today at County Building Number 2 in the Town of Batavia.

At one point, the line snaked outside and around the side of the building. Seniors, parents and children were waiting two or more hours for either a shot of the seasonal flu vaccine or the H1N1 nasal mist.

A winter storm of sorts started not long after the clinic doors opened, and by then the line  already stretched well outside the building.

"I was standing in the rain and snow out there a little while before and I was thinking, I'm going to get a flu shot to prevent getting sick and I'm going to get sick standing in line in the rain and the snow, so I wonder if it's really worth it," Walter Kershenski said. He also happens to be Stafford Town Clerk, and said he stood in line for more than two hours.

There were reports of people driving from Orleans, Monroe and even Chautauqua counties for the vaccinations, and apparently, nobody was being turned away for the free vaccines.

Interim Health Director Randy Garney said the Health Department was expecting to provide at least 500 doses of vaccine in two hours, but had received an extra shipment of seasonal flu and H1N1 vaccine just days ago.

"I figure, two hours, that's going to be about all we're going to be able to process, but we're going to keep the clinic open as long as there is a line," Garney said.

"With recent events that have taken place, we were expecting a large crowd," Garney said.

Rosemary Sero, of Oakfield, said all the reports of people getting sick with H1N1 and especially the death of a Pembroke student, has her feeling very cautious about taking care of her two young daughters.

"They're using a lot of hand sanitizer," she said. "They wash their hands a lot. I tell them not to touch their face."

Health department offering walk-in flu vaccines today

By Howard B. Owens

If you haven't received a flu shot yet, you can do so today at County Building Number 2 on W. Main St. Road, Town of Batavia.

The walk-in clinic will be open from 2 to 4 p.m..

Seasonal flu vaccine is available for people 19 and older, and H1N1 vaccine is available for people 2 to 24 years of age, and for people 25 to 59 who care for or live with infants.

Vaccine supplies are limited.

With Deepest Thanks and Regards

By Sara Burk-Balbi

Over these last few months, I have had the privilege of being a candidate for Batavia City Council at Large. I was not successful with that campaign but I came away with a deep appreciation for the City of Batavia and for those that want to serve it.   I want to start of by saying Thank You to all of my supporters here in the City of Batavia. I continue to be deeply humbled by your amazing support. I would also like to thank all of the candidates, both Republican and Democrat. You all did a great job and ran a wonderful campaign. My hat is off to each of you. Lastly, I have to thank my family and friend. I truly believe that I have the best family a person can ask for and the greatest friends.

If there is one thing that I can take away from this election is I have made some life long friends and I had the chance to really get out there and meet YOU; our city residents. I am truly blessed to be able to call you my neighbors and to call Batavia my home. So in the end, I am still a winner.

With that being said, I am going to make one more promise to you. You have unleashed the community advocate within me. This will not be the last time you see me. I am going to become even more involved and more educated on the issues. An angel was sent to me this morning. I was out for my morning walk (mind you less then 12 hours after I was told I did not win this election) and an older women stopped me and simply said, “What a beautiful morning. But the snow is coming.” I agreed with her, “Yes the snow is coming.” You see while I was talking to her, I found out that this poor women has to walk everywhere. She has no vehicle and she does not always have enough money to ride the bus or call a cab. So in her world, yes the snow is coming. It physically stops her from doing her every day things. This literally made me start crying on Ellicott Street this morning. It reminded me why I decided to run in the first place; to be able to help out the people who need it most. I will not be afraid to stand-up to City Council and I will continue to fight for those less fortunate. I have a challenge for all of you. Do not let your voice go unheard. Do not just sit there as the train passes you by. Our biggest weapon is our words. Do not be afraid to stand up for what you believe in. There is still a lot of work to be done. To quote Eleanor Roosevelt,” You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face. You must do the thing which you think you cannot do.” Please do not stop fighting for what you believe in. We have to let our elected officials know , “The Snow Is Coming!”

My name is Sara Burk-Balbi. I am a mother, a wife, a daughter, a sister. I am a student, a friend and I will be your candidate for the future.

With my deepest and most sincere regards,

Sara Burk-Balbi

Batavia charter revisions passes

By Howard B. Owens

Computer problems kept the votes from being tallied last night, but this morning the Board of Elections released unofficial numbers for the referendum on revising the City of Batavia Charter.

It passed, 748 to 503.

When I visited a couple of polling places last night, poll workers told me they heard from several people who had no idea what the revisions were. They hadn't seen the coverage, and more importantly, hadn't read the actual document.

It is kind of hard to find on the City's Web site, so here's a link to what you just approved (PDF).

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