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Attorneys sought as candidates for part-time City Court judge position

By Billie Owens

Press release:

The City Council is seeking to fill a part-time City Court Judge position. This position is appointed by City Council to serve a six (6) year term and will be effective April 21, 2015. Minimum qualifications require candidates to be an attorney admitted to practice law in the State of New York for at least five (5) years as of the date he or she commences the duties of the office and must be a resident of the City of Batavia.

All interested candidates please submit a letter of interest by Feb. 28, 2015 to:

City Court Judge

Attn: City Council President Brooks Hawley

One Batavia City Centre

Batavia, New York 14020

Batavia’s Employee Wellness Program recognized as 2015 Harvard Ash Center 'Bright Idea in Government'

By Billie Owens

Press release:

The Ash Center for Democratic Governance and Innovation at the John F. Kennedy School of Government, Harvard University, recognized today the City of Batavia’s Employee Wellness Program as part of the 2015 Bright Ideas program.

This year’s cohort includes 124 programs from all levels of government — school districts; county, city, state, and federal agencies; as well as public-private partnerships — that are at the forefront in innovative government action.

In 2009 Batavia made a complete shift in the way it looked at health insurance, and a wellness program was established to influence employee behavior and focus on preventative care. Employees and spouses who participate in the program and achieve or exceed identified results have the opportunity to earn credits to either reduce their health care contribution or lower their out of pocket deductible.

The employee and spouse, if both participate, can achieve a maximum of 25-percent discount on their health insurance premium, or pay as little as 5 percent for health insurance. The employee health care contribution is 30 percent of the plan's annual cost.

The following are the targeted goals for each factor based on standards established by the National Institute of Health and American Diabetes Association:

1. Health Risk Assessment – Need to complete (employee and spouse)

2. Fasting Glucose - <=99

3. LDL Cholesterol - <=99 mg/dL

4. Blood Pressure - <= 139/89

5. Nicotine Use – Non-use only

In addition, if a participant shows a 60-percent improvement in fasting glucose, LDL cholesterol or blood pressure over the prior year, he/she will receive credit for the category, as the improvement shows significant movement toward obtaining the category goal.

The City’s medical plan also has a case management program in place that works with members to help coordinate all necessary health resources to maintain a healthy quality of life. The overall goal of the City’s wellness program is to drive preventative utilization, reduce the number and severity of claims and reduce health care costs.

With respect to health care expenses, the City has seen impressive accomplishments in managing what are regularly considered “unmanageable costs." Since 2010, Batavia has enjoyed an annual increase in healthcare premiums of only about 4 percent -- compared to an average of double-digit increases nationally. Notably, the cost of the average family healthcare plan in 2014 was $15,927, this was a 5-percent decrease from 2013. Batavia’s health insurance premiums have experienced marginal annual increases in health care premiums when compared to most municipalities in New York State and across the nation, while premiums paid by employees have gone down.

Most importantly, Batavia employees, spouses and families have become more educated and participatory in their own health.

“The Bright Ideas program demonstrates that often seemingly intractable problems can be creatively and capably tackled by small groups of dedicated, civic-minded individuals,” said Stephen Goldsmith, director of the Innovations in Government Program at the Ash Center.

“As exemplified by this year’s Bright Ideas, making government work better doesn’t always require massive reforms and huge budgets. Indeed, we are seeing that, in many ways, an emphasis on efficiency and adaptability can have further-reaching effects than large-scale reforms.”

This is the fourth cohort recognized through the Bright Ideas program, an initiative of the broader Innovations in American Government Awards program. For consideration as a Bright Idea, programs must currently be in operation or in the process of launching and have sufficient operational resources. They must be administered by one or more governmental entities. Nonprofit, private sector and union initiatives are eligible if operating in partnership with a governmental organization.

Bright Ideas are showcased on the Ash Center’s Government Innovators Network, an online platform for practitioners and policymakers to share innovative public policy solutions.

About the Ash Center for Democratic Governance and Innovation:

The Ash Center for Democratic Governance and Innovation advances excellence in governance and strengthens democratic institutions worldwide. Through its research, education, international programs, and government innovations awards, the Center fosters creative and effective government problem solving and serves as a catalyst for addressing many of the most pressing needs of the world’s citizens. For more information, visit www.ash.harvard.edu

Nothing new to report on federal raid of Batavia residence

By Howard B. Owens

There's nothing new to report on a federal raid that took place Jan. 23 at 3618 Batavia-Oakfield Townline Road, Batavia, according to Karen Wisnowski, spokeswoman for Homeland Security in Buffalo.

We checked in with her yesterday. She responded this morning after talking with the agent in charge of the operation.

As reported previously, it looks like there were marijuana plants being removed from the residence.

The raid involved Homeland Security, ICE, the Secret Service and State Police.

The nature of the investigation is under a court-ordered seal.

Law and Order: 62-year-old woman accused of selling drugs

By Howard B. Owens

Doris L. Mayl, 62, of Manhatten Avenue, Batavia, is charged with criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th. Mayl allegedly sold a quantity of Soma to an agent of the Local Drug Task Force during the month of April, 2014. She was arrested Tuesday by a uniformed deputy. Following arraignment, she was jailed on $5,000 bail. (Soma is the brand name of carisoprodol, a muscle relaxant.)

Cale Daniel Rice, 38, of Sunset Terrace, Batavia, is charged with DWI, driving with a BAC of .18 or greater, speed not reasonable and prudent and moving from lane unsafely. Rice was charged following an investigation by Deputy Jason Saile into a motor-vehicle accident at 4:27 a.m. Saturday on Route 5, Batavia.

Joseph A. Muolo, 24, of Union Street, Batavia, was arrested at his residence on a warrant for alleged failure to appear on a parking ticket (parking on city streets between 2 and 6 a.m.). Muolo posted $100 bail and was released.

Water service around River Street to be disrupted tomorrow

By Howard B. Owens

Press release:

Water valve repairs will take place Wednesday, Feb. 18th, on River Street between South Main Street and Birchwood Drive.

Water customers will be without water from approximately 9 a.m. to 3 p.m. on South Main Street from River Street to the City line, to include Meadowcrest Drive, and River Street from South Main Street to Birchwood Drive.

All residents will have access to their properties during the construction. We ask that all thru traffic seek an alternate route during this time.

This valve replacement is associated with the waterline work that was completed on South Main Street over the weekend. A water valve became inoperable and requires immediate replacement.

If you should experience discolored water after the water is restored, please run your faucet until it once again becomes clear.

Thank you to all the residents and motorists in the affected area for their patience during the construction over the past few days.

Duo accused of making off with laptops and clothing from Walmart

By Howard B. Owens
Rickita Lathan Katrina Jones

Two women from Buffalo are accused of stealing enough from the Walmart in Batavia to be charged with grand larceny in the fourth degree.

Rickita Lathan, 29, and Katrina M. Jones, 46, are accused of making off with laptop computers and an undetermined amount of clothing without paying for the items during a visit to the story Friday.

They were identified as the suspects through the use of surveillance video.

Based on the evidence, State Police investigators received arrest warrants out of the Town of Batavia Court for Lathan and Jones.

Lathan was taken into custody by Cheektowaga PD and turned over to SP Batavia. She was arraigned in Town of Oakfield Court and jailed on $1,000 cash bail or $2,000 bond.

Jones was being held in the Niagara County Jail on an unrelated charge. She was transported to SP Batavia and transferred to the Genesee County Jail on $500 bail.

Besides the Class E felony charge, the duo is charged with conspiracy, 5th, a Class A misdemeanor.

Mercy Flight to host 'An Irish Evening' at Terry Hills - baskets, auction items and sponsors wanted

By Billie Owens

Mercy Flight WNY will host "An Irish Evening" from 5:30-9:30 p.m. on Saturday March 14 at Terry Hills Golf Course Banquet Facility, located at 5122 Clinton Street Road in Batavia. This is a fund-raising event to include an Irish-themed dinner, open and cash bar, 50/50s, Chinese and silent auctions, door prizes and entertainment.

There will be an Irish sit-down dinner, and free wine and beer at the bar from 5:30-6:30. Menu is corned beef and cabbage, soup, salad and dessert. (Alternate dinners for special diets available if requested prior to March 1st.)

Tickets for the event are $35 per person -- pre-purchase only -- and can be bought online at www.mercyflight.org or by contacting Lynn O’Donnell at 716-864-5060 or lodonnell@mercyflight.org

Event organizers are currently looking for basket or silent auction donations as well as event sponsors. If you wish to help, please contact O'Donnell for further information or for pick up of the items you wish to donate.

Mercy Flight WNY is a local, independent, not-for-profit provider of emergency air medical transport. Established in 1981, Mercy Flight WNY has flown more than 23,000 patient missions. Mercy Flight WNY serves the counties of Western New York and Northwestern Pennsylvania out of bases in Buffalo, Batavia and Olean ready to respond 24 hours a day, 7 days a week.

Mercy Flight WNY performs this lifesaving service without regard to the patient’s insurance status or ability to pay. In the last fiscal year, Mercy Flight WNY forgave over $1.5 million in care provided to uninsured or underinsured patients. Please help us to remain a "Beacon of Hope" -- when minutes matter for our community by contributing to this fund-raising event.

Smoke in basement of duplex on Ellsworth Avenue

By Billie Owens

Smoke is reported in the basement of a duplex at 111 Ellsworth Ave. City fire is reponding. The building has been evacuated. The location is between Columbia and Manhattan avenues.

UPDATE 11:57 a.m.: "Engine 11 on location with nothing showing."

Genesee Chorale rehearses for 'American Bandstand' show Feb. 20

By Howard B. Owens

The Genesee Chorale will perform a show at 7 p.m., Feb. 20, at Northgate Free Methodist Church, south campus, built around the theme of American Bandstand.

A stage set is being built to replicate Dick Clark's old set, Pat McHanon will perform as Dick Clark, and between songs, old clips of Dick Clark interviewing some of the great artists who appeared on American Bandstand will be featured.

The musical selection will include hits by Sam Cooke, Etta James, the Everly Brothers, Dusty Springfield, Bobby Darin, Leslie Gore, the 5th Dimension, the Mamas and the Papas, Peter, Paul and Mary, Otis Redding, among others.

The Chorale is conducted by Ric Jones.

Photos are from last night's rehearsal at St. James.

Haley, a dog well known to Batavia Muckdogs fans, passes

By Howard B. Owens

Sad news for Batavia Muckdogs fans from Don Rock, head groundskeeper: He had to put down his dog, Haley, who was a familiar part of game days at Dwyer Stadium the past few years.

Rock said Haley had kidney problems.

"It was a very difficult thing for me to have to do and right now it is very rough for me, to say the least," Rock said.

Schumer stops by Batavia HS to issue challenge to DEA to step anti-synthetic drug enforcement

By Howard B. Owens

Synthetic drug use hasn't hit the epidemic proportions of 2012, but with reports of related hospitalizations and law enforcement issues on the uptick, Sen. Charles Schumer is calling on the DEA to step up its enforcement efforts.

To draw attention to the issue, Schummer held a press conference this morning in the library at Batavia High School, joined by Superintendent Chris Daily, Principal Scott Wilson, GCASA Communications Director Pamela LaGrou, and Sgt. Greg Walker, head of the Local Drug Task Force.

"We gave the DEA the authority (with legislation in 2012) to ban a long list of chemical look-alikes," Schumer said. "If it's almost marijuana, or almost methamphetamine, or almost Ecstasy, or almost cocaine, and they can switch a few molecules, we told the DEA you don't need legislation to make it a Schedule 1 drug. You can ban it. The problem is, the DEA is moving much too slowly."

The DEA is battling against a worldwide network of independent chemists, small labs and distributors who are constantly reformulating their drugs. Schumer thinks the DEA can keep pace.

"The DEA has a panel of scientists, experts, keeping tabs on new drugs," Schumer said. "We would hope they can ban these before they are actually sold on the market."

Schumer came to Batavia High because of reports of four students who were hospitalized as a result of using synthetic drugs.

It's important to education young people about the dangers of these often unknown substances, school officials said.

Walker said that while opiate-based drugs remain the number one drug enforcement issue in the county, there has been a slight increase in synthetic drug usage locally.

"Like the senator said, in 2012, we did have a big influx of the synthetics and since then, it has dropped off," Walker said. "Now that Cloud 9 has come up, it's starting to come back, but we're not seeing that huge surge we saw in 2012."

Schumer said he fears a repeat of 2012 in 2015 if the DEA isn't more aggressive in its enforcement efforts.

"They've banned 20 (substances)," Schumer said. "But there are another 300 on the list. We're asking the DEA to move much more quickly. The drugs are powerful. They have severe side effects and some kids develop permanent mental problems as a result of using them."

Batavia man accused of trying to stab girlfriend with scissors inside Attica Tops

By Howard B. Owens
Joshua Pehrson

A Batavia man is in custody in Attica after an alleged assault at the Tops Store in the Wyoming County village.

Joshua T. Pehrson, 29, of 330 Ellicott St., Batavia, is accused of choking his girlfriend while they were parked in a car outside the store. The woman, an employee of Tops, entered the store and Pehrson allegedly attacked her again when they got inside, choking her and attempting to stab her with scissors.

Employees and customers intervened and held Pehrson until Attica PD officers arrived.

He is charged attempted assault, 1st, criminal obstructing breathing, menacing, 2nd and criminal possession of a weapon, 4th.

The suspect was jailed on $25,000 bail or $50,000 bond.

Law and Order: Batavia man charged with assault

By Howard B. Owens

Tyquawn D. Bethal, 24, of East Main Street, Batavia, is charged with criminal contempt, 1st, criminal contempt, 2nd, assault, 3rd, coercion, 2nd, and criminal obstruction of breathing. Bethal was arrested following an investigation into an alleged incident reported at 8:30 a.m. Wednesday at a residence on Prune Street, Batavia. The investigation stemmed from an initial report that Bethal had unwanted physical contact with a person protected from him by a court order. He was also charged with three counts of endangering the welfare of a child. Bethal was ordered held without bail.

Keith B. Besaw, 43, of Lyon Street, Batavia, is charged with criminal mischief, 2nd. Besaw is accused of damaging an electric clock valued at more than $1,500 at the Genesee County Nursing Home.

Nickol RL Burnett, 24, of Ellicott Street, Batavia, is charged with harassment, 2nd. Burnett was arrested on a warrant during a traffic stop. He posted $300 bail and was released.

Russell L. Cocilovo, 44, of East Main Street, Batavia, is charged with criminally possessing a hypodermic instrument and driving a motor vehicle with an obstructed view. Cocilovo was stopped at 10:25 a.m. Wednesday on Bank Street by Officer Frank Klimjack.

A 17-year-old was arrested on a bench warrant for alleged failure to appear on a disorderly conduct charge. The youth was found at a local hotel and taken into custody. He posted $300 bail and was released.

Chad A. Bernard, 37, of Ross Street, Batavia, is charged with harassment, 1st, and endangering the welfare of a child. Bernard was allegedly involved in a domestic incident at 11:40 a.m. Saturday on Ross Street. Bernard was jailed on $2,500 bail.

Andrew C. Webster, 21, of Gillate Road, Alexander, is charged with petit larceny. Webster is accused of shoplifting from Tops Market.

Michael R. Marchese, 24, of Park Avenue, Batavia, was arrested for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Marchese was located at his residence. He posted $500 bail and was released.

Weather: Single-digit cold to hold on today

By Howard B. Owens

It's minus two degrees in Batavia. The good news is, we're going to see a warming trend through the afternoon, all the way up to five degrees.

There are no weather alerts posted at the moment.

The photo is of the spillway on the Tonawanda Creek behind the County Courthouse from about 30 minutes ago.

Photos: Crews still working on water main break on River Street

By Howard B. Owens

Work crews took a break overnight, but were back at it at first light this morning, working to repair a water main break at South Main and River streets.

There is an issue with identifying and turning off the three valves that feed the juncture at the intersection. Once the water flow is shut down, repairs won't take long.

Previously: In the cold and wind, city crews spending a day working on South Main water line break

In the cold and wind, city crews spending a day working on South Main water line break

By Howard B. Owens

Through nearly 24 hours of sub-zero temperatures, crews from the city's Public Works Department have been dealing with a water main break on South Main Street near River Street.

The break itself is repaired, according to City Manager Jason Molino, but there is a valve causing a problem and crews are trying to isolate it so it can be repaired.

Residents in the area should have water flow, though the pressure might be down a bit.

"They're out there," Molino said. "They're working hard, but the weather isn't helping. You've got to give them a lot of credit. There's got to be nothing worse than working outside and getting wet in sub-zero temperatures."

There's no ETA for when repair work will be complete.

UPDATE 8:33 p.m.: Photos added. City workers were out trying to locate the troublesome valve. At the break site were contractors from Sergi Construction. Crew members confirmed they've been at this task since last night. Asked how it was going, one said, "not good." As you can see from the pictures, there's still a lot of work to be done. It's currently minus eight degrees outside.

Driver in accident on Law Street charged with DWI

By Howard B. Owens

The young man reportedly behind the wheel of a pickup truck that took out a utility pole on Law Street early this morning, causing a power outage in the area, was charged with DWI.

Joseph P. Pratt, 20, of 70 Church St., Le Roy, and a passenger were transported to an area hospital and treated for non-life-threatening injuries.

According to police, Pratt failed to negotiate a curve on Law Street in the area of 2 Law St., Batavia.

The 2010 Chevy Silverado hit the pole, which snapped in half.

Pratt was charged with DWI, speed unreasonable and prudent and refusal to take pre-screen breath test. Additional charges are pending. 

Power was restored to the area about 10:30 a.m.

(Initial Report)

UPDATE 8:40 p.m.: Photo added. National Grid crews are still on scene completing repairs to the broken pole.

Car hits pole on Law Street, Batavia

By Howard B. Owens

A car has struck a utility pole in the area of 2 Law St., Batavia. 

Wires are down. Unknown injuries. 

City fire and Mercy EMS dispatched.

Photo: A cold Downtown Batavia

By Howard B. Owens

Yes, it's cold, and getting colder.

The overnight low is expected to be two or three degrees below zero with wind chill dropping it down to -24, then in the morning, the temperature will fall even more.

And it will snow. A couple of more inches tonight and another an inch or two tomorrow.

The winter storm warning is effect until 6 p.m., Sunday.

Photos: Ice Devils top Fighting Irish 2-1 in hockey

By Howard B. Owens

In their third matchup of the season today at Falleti Ice Arena, Batavia and Notre Dame battled for three periods in a physical, fast-paced game that ended 2-1 with the Ice Devils on top.

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