batavia

Two women were reportedly fighting in front of BJ's Wholesale Club and one of them is now "walking toward the Chinese restaurant." One has blond hair and the other has brown curly hair. Law enforcement is responding.

If somebody calls your house claiming to be a DEA agent or from some other agency and threatens to raid your house unless you pay up a sum of money -- it's a scam.

Apparently, this is an ongoing scam and the Batavia PD is warning residents not to fall for it.

"The Batavia Police Department would like remind citizens to not provide personal information or send money to individuals over the phone," states the press release.

If you've been to Tops in the past couple of weeks you've seen members of your community there ringing little red bells as part of the Salvation Army's annual Red Kettle Campaign.

Today, members of the Kiwanis Club of Batavia volunteered in shifts to ring bells and maybe even sing Christmas carols, as Allison Chua and Ross Chua are doing above.

The Salvation Army always needs volunteers to help support the campaign. To volunteer, contact Patricia Kurtz, at 343-6284 or e-mail at patricia.kurtz@use.salvationarmy.org.

Empire Tractor hosted a Christmastime customer appreciation day at its location on East Main Street Road today, serving chips, sodas and beef on weck.

The Batavia-based farm equipment company was recently named one of the top dealers in the nation by Dixie Chopper for its exceptional sales and service of the riding mower line.

New York's VINE service has sent out a notification that Jacquetta Simmons, inmate ID 12G0988, was released from prison today.

Simmons was released under a court order signed by Associate Justice Rose Sconiers, Appellent Division, 4th Department. Sconiers ordered the release, on $50,000 bond, pending an appeal by Simmons that the five-year prison sentenced handed down by Judge Robert C. Noonan is overly harsh.

Representatives of Simmons posted the bond for Simmons yesterday and Noonan signed the release order.

Under the terms of Sconiers' order, attorneys for Simmons have until May 31 to "perfect" the appeal -- meaning produce a brief on all the points of law relative to the items under appeal, which includes both the term of her sentence and whether Simmons received a fair trial.

A three-judge panel of the NYS Supreme Court will conduct a hearing on the points of appeal and render a decision at a later date. What happens next for Simmons will depend on the outcome of the appeal.

Simmons was convicted by a jury following a weeklong trial Aug. 24 of second-degree assault under a section of the law that covers an assault by a much younger person hitting and injuring a person 65 or older.

At the time of the Christmas Eve confrontation last year between Simmons and Grace Suozzi, a Walmart cashier, Simmons was 27 and Suozzi was 70.

Philip Clarke McMahon, 72, of Creamery Road, Bergen, is charged with disorderly conduct. McMahon was stopped at 7:59 a.m. in the area of 8097 Clinton St. Road, Bergen, for an alleged traffic violation by Deputy Jason Saile. McMahon is accused of using obscene language in a public place.

Brian Feurimond, 21, of Saint Raymond Avenue, Bronx, is charged with trespass. Feurimond was allegedly found on College Village property after previously being banned from the housing complex.

David Lavelle Andrews, 25, Wood Street, Batavia, is charged with trespass. Andrews is accused of being at College Village after previously being banned from the property.

Russell Ray Miles, 44, of West Main Street Road, Batavia, is charged with a violation of probation. Miles was released from jail on an unrelated matter and taken into custody on a warrant out of Town of Le Roy Court for an alleged violation of probation. He was jailed on $1,000 bail.

Lemar Jerimain Leach, 27, of Central Avenue, Batavia, is charged with aggravated unlicensed operation. Leach was wanted on a bench warrant related to the listed charge. Leach was jailed on $200 bail.

Two former city firefighters and a state employee who entered guilty pleas earlier this week on an illegal gambling charge and agreed to resign their government jobs will still receive partial state pensions when they reach retirement age.

City Manager Jason Molino confirmed today that Brian Bordinaro and Gregory Phillips, who worked for the city 18 and 17 years respectively, are still covered by the New York State Retirement System.

He said that's state law and there's nothing the city can do about it.

"In New York you get credit for time served and they can't take that away from you," Molino said.

According to the state's retirement system site, tier 4 employees who stop working for a state or local entity before reaching the 20th year of service are eligible for 1/60th of their final annual salary for each year he or she worked.

Using the calculations from the site, 43-year-old Bordinaro, based on his 2012 salary of $62,000, if he waited until age 62 to retire, could receive in the neighborhood of $18,000 a year, or $1,500 per month.

The 39-year-old Phillips, with a 2012 salary of $57,000, could receive approximately $16,000 annually or $1,300 per month.

The salary data comes from See Through New York. The state's retirement system uses a specific formula to calculate the final annual salary, and there are other factors that go into the calculation, so readers should use the figures merely as a gauge meant to provide an idea of the retirement eligibility that is possible.

The third man who participated in the gambling activity, Lance Engel, 41, worked for the state as a cook at the veterans home in Batavia. He is also part of the retirement system, and with 17 yeas of service and a 2012 salary of $45,000 could receive approximately $12,000 annually starting at age 62.

A housing rehabilitation program for moderate to low income homeowners, funded by a community block grant, has been a big success and the city would like to do it again, according to City Manager Jason Molino.

The original plan was to provide rehab assistance to 15 homes in the city with the $400,000 grant, but 19 houses were repaired, according to a report given to the city council on Monday.

"This is part of a bigger effort," Molino said. "Housing rehabilitation is one part of our approach to neighborhood revitalization. While only 19 properties were improved, that's 19 properties that might not otherwise be improved."

The city received 80 inquiries and reviewed 66 applications.

The rehab projects including roof replacement, porch replacement, plumbing and electrical repair and facade improvements.

Individual grants were limited to $24,500, but some homeowners were able to chip in some of their own money and go a bit beyond what the maximum grant would allow.

Jodie Freese administered the program for the city and put out each job to competitive bid. Of the seven contractors selected for work, six were based in Genesee County.

About 96 percent of the $364,522 spent on rehab stayed in the county.

Other costs associated with the program included $14,800 for a lead-based paint consultant and $25,435 for program delivery and administration. The city contributed $4,757 to help cover the costs.

The grant originates with the federal government but is administered by the state's Office of Community Renewal.

"We're very satisfied with the results," Molino said. "It was a great project and hopefully we can do it again in the future."

Photo: Provided by the city of a residence on Hutchins Street.

Town of Batavia residents may be receiving calls from a private company offering the opportunity to purchase water service line coverage.

The sales pitch from the company may be confusing and Town Clerk Teressa M. Morasco said residents should be aware that the company is in no way affiliated with the Town of Batavia.

Genesee ARC, which has provided trash service to the City of Batavia for nearly 30 years, is facing the possible loss of the contract with a city decision to put the trash collection contract out to bid.

Though Genesee ARC is welcome to be among the bidders, as many as three private firms are expect to place bids.

"I think it comes down to the efficiency and effectiveness of the service being provided to the residents," Molino said on WBTA's Main and Center program this morning. "Our approach moving forward with refuse collection -- and it has been -- is how do we continue to divert refuse tonnage from the refuse stream to the recycling stream, and ultimately lowering costs to the residents."

Genesee ARC employs 30 people, including 20 with developmental disabilities, for trash hauling and recycling pick up. The agency is paid $810,000 a year for the service.

The last contract was signed five years ago.

“This is a competitive bid, no different than any other bid for any other service,” Molino said. “If you can provide that service and you can support it and provide the services we’re requesting, then they can continue to provide it.”

Molino also told WBTA he has received virtually no complaints about the service provided by the ARC.

Donna Saskowski, executive director of the ARC, says the trash contract with the city is vital to the agency.

“Mostly because it goes to our mission of employing people with developmental disabilities here locally in our community and it would mean that 20 individuals with developmental disabilities would be unemployed, as well as the staff – all residents of Genesee County – who would become unemployed," Saskowski said.

Molino expects as many as three private companies will submit bids for the trash contract. Saskowski said the ARC is weighing its options.

Saskowski said that even if ARC no longer provides recycling pick up in the city, ARC will certainly try to keep operating its recycling center on West Main Street Road, Town of Batavia.

"Without the city contract it (recycling) would certainly be a diminishment," Saskowski said. "We are dedicated to recycling and we would certainly look for other opportunities."

'Tis the time of giving and Ken Mistler and his wife Andrea are in the spirit. The Mistlers' recently won $200 for winning the downtown window display contest. The display, located inside the former Carr's building was sponsored by both Next Level Fitness and City Slickers Bar & Grill.

"I want to thank the downtown (improvement) district and all the judges for choosing our window." Ken Mistler said. "We know there are families out there having a hard time and we want to be able to give back to them and give them a little something extra this holiday season."

If you know someone that is deserving please e-mail CitySlickersHolidayContest@gmail.com with the name of the person and a brief description of why you think they are deserving. Also be sure to include your contact info as well as their's. You can't nominate yourself.

All nominations must be submitted by Dec. 20th. Winnings will be donated in the form of a Save-A-Lot gift card.

"I'm going to review the nominations  and will decide on the most deserving family or families." Mistler said. "I may give one gift card for the full amount or I may give a few."

Debra Jean Bastiano, 55, of South Main Street Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding (55 in 40 mph zone) and possession or consumption of alcohol in a motor vehicle. Bastiano was stopped at 9:31 p.m. Wednesday on Route 5, Pembroke, by Deputy Patrick Reeves.

Thomas Riley Munger, 18, of Glidden Circle, of Hamlin, is charged with unlawful possession of marijuana. Munger was arrested following a report to College Village security of individuals smoking marijuana in a vehicle on College Village grounds.

District Attorney Lawrence Friedman just announced that a $50,000 bail bond was posted today with the Genesee County Court on behalf of Jacquetta Simmons.

The 27-year-old Batavia resident was found guilty earlier this year of assaulting 70-year-old Wal Mart employee Grace Suozzi in the store last Christmas Eve.

On Nov. 30, New York Appellate Division Justice Rose Sconiers ordered that Simmons' sentence be stayed pending a hearing on her attorneys' appeal, which argues her sentence of five years in prison is overly harsh considering that Simmons is a first-time offender. This is what made it possible for Simmons' release this afternoon.

Judge Robert C. Noonan signed a release order and she'll be released from custody once it's received by Bedford Hills Correctional Facility where she is incarcerated.

Joshua William Cresswell, 20, of Janes Road, Rochester, was found passed out behind the wheel of his gray sedan around 7:30 this morning with the motor still running. He was in a cornfield, south of Little Falls Road, Pembroke. Cresswell was arrested and will appear in Pembroke Town Court on Jan. 10 on charges of driving while intoxicated and driving with a BAC of .08 or more. (Nothing about his being underage was noted in the report.)

Rozella Ann Smith, 76, of Colonial Boulevard, Batavia, is charged with harassment, 2nd. She was arrested for allegedly striking another person on the wrist and arraigned in Town of Batavia Court. The incident allegedly occurred on Nov. 29 at 10:43 p.m.

Gregory Stephen Hallifax, 46, of Diane Drive, Cheektowaga, is charged with criminal contempt, 2nd, and arraigned in Stafford Town Court. Hallifax was arrested on suspicion of criminal contempt and failure to obey an order of protection on Nov. 29 at 11:32 p.m. at a location on East Main Street Road, Stafford. He was released and will appear in Stafford Town Court next month.

(Note: Temporary difficulties in receiving FAX transmissions delayed the publication of information on Smith and Hallifax.)

I spent some time this evening driving around Batavia and taking pictures of houses with Christmas lights. I've done this each of the past few years (a tradition of The Batavian started by Brian Hillabush). This slide show contains 18 photos. Hopefully, between now and Christmas I'll have time to take more pictures. Tonight I concentrated on trying to find houses I hadn't photographed in previous years. I probably have some duplicates, but hopefully we're featuring some homes that haven't been included in previous years.

A caller reports a suspicious condition to emergency dispatch: a car is parked off Ellicott Street, on "an extension road" by St. Joseph's Cemetery and it's been there for half an hour. It's "occupied and it's going up and down." Police are responding to investigate.

The three Batavia men arrested in February for running an illegal gambling operation, including two city firefighters, have entered guilty pleas in city court today to a Class A misdemeanor charge of promoting gambling, 2nd.

The pleas are a dramatically reduced from the Class B felony of enterprise corruption, which the case was elevated to in April.

Gregory Phillips and Brian Bordinaro, both veteran city firefighters, along with Lance Engel, a cook with the state's veterans home in Batavia, were originally arrested on a felony charge of criminal possession of gambling records in the first degree, a Class E felony. Philips was also accused of possessing a small amount of cocaine and charged with criminal possession of a controlled substance, 7th.

The Class B felony carried a maximum penalty of 8 to 25 years in state prison.

City Court Judge Robert Balbick's sentencing options include everything from an unconditional discharge to a year in county jail, including a combination of a shorter jail term and a term of probation.

As part of the plea deal, all three men agreed to resign their government jobs.

Attorney Larry Andolina, representing Phillips, said the charge his clients pled guilty to was exactly what they should have been charged with in the first place.

"I just don’t think gambling is that serious of a crime considering all of the gambling that goes on by the state, various lottery tickets, horsing racing, casinos … times need to be changed," Andolina said.

When the case first became public, investigators said gambling records indicated the trio was running a wide-ranging bookmaking operation that covered a variety sports, had numerous clients and turned over about $1 million in wagers. The trio was alleged by investigators to have taken in $80,000 in profits.

Andolina said none of that was true.

"It's all nonsense," Andolina said. "This was little people, betting, gambling on football games. It was blown so out of proportion, which is why it ended up being a misdemeanor."

At the first court appearance that Andolina and his fellow attorneys made on behalf of their clients, District Attorney Lawrence Friedman turned over thousands of pages of "discovery" -- the evidence the government has supposedly gathered against the defendants.

Andolina said the discovery failed to substantiate the original charges.

Friedman was not in court today, was out of the office and has not responded to a request for comment.

Sheriff Gary Maha said his investigators felt they had a solid case that could substantiate the felony charges or they wouldn't have made the arrests.

"We have many cases in which we make an arrest and then the case is pled down," Maha said. "It's our job to make the arrest. It's the DA's job to decide what to do with the case."

The Class A misdemeanor of promoting gambling is the lowest level crime under Article 225, New York's gambling penal code.

Joseph LaTona, attorney for Engel, said there was nothing unusual at all about the plea bargain. He characterized it as a "garden variety" plea.

"I’ve practiced criminal defense law for almost 40 years in Western New York and for individuals without a prior criminal history, for a first-time gambling offense, this is par for the course," LaTona said. "I’ve had many dispositions identical to this throughout many counties in Western New York.  It’s not unusual. It’s typical."

Sentencing on all three defendants is set for March 5.

One decision Balbick will be asked to make in the case of Phillips is to declare what Andolina called a "release from liabilities." He said Phillips has an opportunity for another job and a release from liabilities allows a person convicted of a crime to still be licensed in New York for some types of jobs. Andolina said the job prospect for Phillips is in the private sector.

Phillips and Bordinaro had 17 and 18 years on the job and would have been eligible for a New York State pension if they had completed 20 years of employment.

Both, they said in court, have already resigned from their city jobs.

Photos: Top, Bordinaro, center, with Andolina, right and Greg Ireland, president of IAFF Local 896. Inset, Phillips.

Benjamin Authur Tribunella, 18, of Spencerport Road, Rochester, is charged with criminal possession of a controlled substance, 7th, unlawful possession of alcohol by a person under age 21 and promoting prison contraband, 1st. Tribunella's vehicle was stopped at 4:28 p.m. Monday on Route 33, Stafford, for an alleged equipment violation by Deputy Joseph Corona. During the traffic stop, Tribunella was found to allegedly possess a controlled substance and alcohol. While being processed into the Genesee County Jail, Tribunella was reportedly found in possession of an additional controlled substance that he allegedly tried to conceal.

Randy Kevin Wilmet, 35, of Franklin St., Batavia, is charged with falsely reporting an incident. Wilmet is accused of providing false information regarding a vehicle accident at 5:18 a.m., Oct. 21, in the Town of Bergen. Wilmet reportedly was a passenger in the vehicle. Also charged was Matthew James Reed, 28, of State Street, Batavia.

Joshua David Kritz, 24, of Lyndale Court, West Seneca, turned himself in on a bench warrant out of the Village of Corfu Court for allegedly violating a conditional discharge on a DWI arrest. Kritz was jailed on $500 bail.

Gregory Stephen Halifax, 46, of Diane Drive, Cheektowaga, is charged with criminal contempt, 2nd. Halifax is accused of violating an order of protection.

Rochel J. Johnson, 31, of Pembroke, is charged with harassment, 2nd. Johnson was arrested by State Police in connection with an alleged incident reported at 6:20 p.m., Oct. 26. No further details were released.

With the announcement this morning from the Batavia Area Jaycees of their annual Christmas lights display winners, I drove through Batavia this evening and got pictures of the five houses.

Above, 108 Ellsworth Ave., the traditional winner.

16 Vine St., most colorful.

101 Naramore, overall winner.

23 Meadowcrest Drive, most commercial.

20 Valle Drive, simple and elegant.

I also drove by 19 Trumbull Parkway, the honorable mention, but the lights weren't on.