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Accused tire thief uses The Batavian comments to tell his side of the story

By Howard B. Owens

We often remind readers -- and often they have reminded us -- that just because somebody is arrested and their name shows up in the Police Beat doesn't mean the accused committed a crime. Everybody deserves the right to a fair trial and due process.

This morning, we posted an item about the theft of some tires that were reportedly chained to a tree and marked for sale.

Gorgon L. Montgomery, 50, of Batavia, was charged with the reported theft.

A bit later, a G.L. Montgomery popped on the site complaining about our post on that item. After a few more comments and a couple of suggestions that Mr. Montgomery tell his side of the story (assuming that G.L. Montgomery and Gorgon L. Montgomery are the same person), G.L. left the following version of his side of the story (once before, we had a person come on and say she was the accused and didn't do the crime, but this is the first time we've gotten an explanation).

Here's G.L's story:

My side of the story? What the heck? You guys can yuk it up just like BPD did. Please refrain from eating or drinking anything that you could choke on while reading this...

I will keep it short and to the point.
The night of 4/1 or early morning of 4/2 I returned home from shopping for a few necessities at Wal Mart. Parked and locked my truck in my driveway, as usual. I retrieved my 2 bags of stuff from the store out of the back of my pickup. No tires present at this time. Proceeded to my apt., put my stuff away, brushed my teeth, said my prayers and hit the sack.
(Okay, okay! The teeth and prayin' thing was stretching it, just a bit.)
Next morning 4/2, late morning, I receive visitors from BPD. They requested my presence down in my driveway.
Got dressed, did say my prayers (sorta, in my own way) and went to see what they wanted. Walk out the door and I saw some tires heaped and sorta covered with something in the bed of my truck.?! I can't really explain what that was I was feeling, but it quickly evolved into fear then anger. Then to the realization that I wouldn't even buy this story! Four really nice truck tires and a couple of floormat carpet/rubber thing like in the entry to almost every business around... had found a place to spend the night! BPD says their city is missing 4 tires and these look like they could be the ones? I pretty much agreed that that may be so because "I ain't never seen those tires before!" And... "They were NOT in my truck when I got home! The rest is just what I expected that truth would get me. I just couldn't believe what I was seeing!
BPD couldn't have treated me better, well, consideration of my side of the story may have helped?
Really now!(directed to BPD & Co.)I could not make up a lie that lame?!?
Where would a vehicle leave tire prints on East Ave? Anyhow that was not mentioned to me?
I had no reserves about giving the tires to the Cops, or consenting to the search of my truck! (but that body cavity thing!) Just bustin' em! Like I said, They were very plesent.
You know, those was some real sweet tires, but 17" tires would fall right off my 16" rims!

I can't forget my "Secret Santa", who made this a nightmare-come-true... you know you lost something when you were here? Stop by and introduce yourself! I'll treat ya to coffee, and INTENSIVE CARE!

So, stupid as it sounds...
That's my Story and, I'm... Oh nevermind.

Gordo

Terry Hills opening for new golf season

By Howard B. Owens

We received this in e-mail from Terry Hills:

Restaurant Opening!
The Terry Hills Restaurant will be opening Thursday, April 9th.
 We will be offering an exciting new menu that includes several new lunch items as
well as fantastic new appetizers and seafood dinners.

League Openings
Terry Hills has league openings for our Mens, Ladies and Friday Morning Seniors'.
We have also started a Friday Evening Couples League that will run 8 weeks this summer. 
All of our Leagues are shot gun start.  You start and end the same as everyone, no waiting around!  Call the Pro Shop for more information. 343-0860

Suspected drug dealer reportedly tried to flee from police on foot

By Howard B. Owens

BATAVIA , N.Y. -- Kirby S. Wall, 32, of Rochester, reportedly tried to run from Drug Enforcement Task Force investigators yesterday only to be found hiding along the east wall of 400 Towers. The foot chase started at a residence on Swan Street, where officers had gone in an attempt to arrest Wall for allegedly dealing in crack cocaine. Wall was allegedly found to be in possession of $1,000 worth of crack and a quantity of marijuana.

Previously, Wall reportedly made two sales of crack cocaine to undercover investigators.

Wall is charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance, both felonies. He is also charged with unlawful possession of marijuana and obstructing governmental administration in the second degree, a misdemeanor.

Assisting in the investigation were the Batavia Police Department, the Genesee County Sheriff's Office, Livingston County Sheriff's K-9 Unit, and the Genesee County District Attorney's Office.

Police Beat: The case of the missing tires

By Howard B. Owens

Gorgon L. Montgomery, 50, of Batavia, allegedly thought he could get something for nothing. He is accused of taking four tires that had been chained to a residential tree and marked "for sale." The tires disappeared the night of April 1 and were allegedly found in the back of Montgomery's pick up truck yesterday. He is charged with criminal possession of stolen property in the 5th degree. He was issued an appearance ticket on the charge.

Gerald P Perkins, 77, of LeRoy, was reportedly stopped for driving a vehicle without break lights. Upon further investigation, the arresting deputy reports, it was determined that Perkins was allegedly driving while impaired by alcohol. He was charged with DWI and released to a friend.

Michael C. Mirabal, 36, of Batavia, is accused of taking and using another person's car with out permission. He is charged with one count of unauthorized use of a motor vehicle, a misdemeanor. He was issued an appearance ticket.

No immediate plans in Batavia to take advantage of new red light camera rules

By Howard B. Owens

Several cities in New York have lobbied the Legislature to allow them to install traffic enforcement  cameras to help catch drivers who run red lights.

Red light cameras are controversial because many citizens view the devices as a get-quick-rich scheme for municipalities, while often times law enforcement officials defend the automated cops as a legitimate traffic control measure.

So the natural question is, if Batavia had the chance, would officials like to install such cameras at any intersections in the city?

City Council President Charlie Mallow said the subject has come up in informal discussions around City Hall, but there is no immediate plans to pursue the option.

"The city has a huge problem with out-of-town truck traffic and speeders bypassing the Thruway," Mallow said. "Traffic is the number one complaint I hear from residents."

Even so, Chief of Police Randy Baker said he hasn't looked into the issue at all. He's aware there is talk of installing the cameras in other cities, but no such proposal has been floated in Batavia as far as he knows.

"I'm not sure even what's involved," Baker said. "I'm not sure how expensive the cameras are or what kind of support is needed."

Council member Rosy Mary Christian said she hasn't given the issue any thought because none of her constituents have raised the issue.

But Mallow doesn't think the idea is off the boards.

"The city already has a plate reader on a (police) car that I’m told has been very effective," Mallow said.  "I guess I have yet to make up my mind about these cameras. If the police department believed it would be effective, I would be open to discussing it."

Both Buffalo and Rochester have long sought permission from the Legislature to install the cameras. The Buffalo City Council voted this week to ask Albany again if it could install 50 cameras. Rochester is expected to seek permission in a City Council vote today, according to an article in the Democrat and Chronicle.

 

Cities, including New York City, have been clamoring for years to install the cameras, but had been rebuffed by Assembly Transportation Committee Chairman David Gantt, D-Rochester.

However, Gantt said Wednesday he will no longer object to the measure and sponsored legislation this week to let Rochester have the cameras, which take snapshots of vehicles that run red lights.

Gantt said he still has reservations about whether the cameras invade privacy and increase safety. But he said legislative leaders and Gov. David Paterson have been pushing for the measure, so Rochester should be included.

Cities see the cameras as a way to cut down on drivers speeding through red lights and to generate new revenue; each offense would bring a $50 fine.

Citizen advocates, however, charge that municipal red light cameras are nothing more than a revenue grab. A site that tracks red light camera issues, TheNewspaper.com, claims Suffolk County transparently admits its desire for red light cameras is partly driven by a need to make-up revenue short falls.

In a four-hundred-page review of the county's financial situation released earlier this month, officials mentioned only one purpose for the automated traffic enforcement devices.

"At this point the County needs to make hard decisions," the 2009 county budget review states. "Do we raise property taxes? Do we seek state approval to raise the overall sales tax rate? ... Do we raise revenue from traffic tickets by instituting red light cameras? ... These are some of the choices, none of which are attractive. Nevertheless, we must face reality and begin serious discussions on what direction to take."

Suffolk County believes it could generate $3.5 million in new revenue from red light cameras.

The Insurance Institute for Highway Safety takes a different view of red light cameras, however, claiming that the cameras do help to reduce traffic accidents.

A nationwide study of fatal crashes at traffic signals in 1999 and 2000 estimated that 20 percent of the drivers involved failed to obey the signals. In 2007, almost 900 people were killed and an estimated 153,000 were injured in crashes that involved red light running. About half of the deaths in red light running crashes are pedestrians and occupants in other vehicles who are hit by the red light runners.

Motorists are more likely to be injured in urban crashes involving red light running than in other types of urban crashes. Institute researchers studied police reports of crashes on public roads in four urban areas during 1990-91. Occupant injuries occurred in 45 percent of red light running crashes, compared with 30 percent of other crash types.

...

A study conducted during several months at five busy intersections in Fairfax, Virginia, prior to the use of red light cameras found that, on average, a motorist ran a red light every 20 minutes at each intersection. During peak travel times, red light running was more frequent. Analysis of red light violation data from 19 intersections (without red light cameras) in four states found that 1,775 violations occurred over 554 hours, for a violation rate of 3.2 per hour per intersection

What these statistics do not reveal, however, is what these drivers were doing before running a red light. There is a huge difference between blatantly speeding through a red light and being caught by a short or unexpected red light and not having adequate time to safely stop. I've always wondered how many of the cited accidents, used to justify red light cameras, where caused by drivers who just happened to be the last car through the intersection with no real intention to run the red light?

Charlie Mallow said one reason he's ambivalent about the cameras is he's received a red light camera ticket before.

"I’ve also been on the short end of a traffic camera myself in California. So I understand the frustration of being caught by a big brother spy camera."

And I've gotten such a ticket. My ticket came while I tried to make a left turn at a Ventura, Calif. intersection. I was stopped at the red light and third car in line.  As I accelerated for my turn as the number two car, the light changed to yellow and just as I reached the limit line, it changed to red. Caught.  Three days later I received a letter from the city with three pictures of me in the intersection.  My frustration was that while I technically committed an infraction, there was no way I posed any threat to any other drivers.  With traffic stopped in all directions, there was no chance of anybody moving into the intersection at that point.

Running red lights is dangerous, but I don't believe red light cameras are really intended to stop the such reckless drivers. They are really designed to trap people like you and me so that the government can reach one more time into our wallets and extract a little cash.

At least there is this much though: If New York's fine is only $50, that's a hell of a lot better than the $260 of my California fine.

Downtown Spring Carnival

By Howard B. Owens

Pre-sale tickets for the Carnival are available at:

Adam Miller Toys, 8 Center Street
 
Batavia Business Improvement District Office, 200 East Main Street , Rm. 12, 2nd floor.  Call 344-0900 or visit website for more info.  www.downtownbataviany.com   
 
Pre-sale tickets:  6 tickets for $5.00 (1 ticket per ride)
 
Regular tickets (days of event):  $1.00 per ticket (normally 3-4 tickets for a ride).

 

Event Date and Time
-

Back yard BBQ leads to fire truck sirens in the city

By Howard B. Owens

BATAVIA, N.Y. -- It's a great day to BBQ, but apparently some people haven't brushed off the cob webs of winter and reminded themselves cooking out doors.

About 1:35, a resident on Bank Street saw flames from an enclosed area in a neighbors back yard and called dispatchers with report of a fire at 117 Bank Street.

Batavia fire crews responded promptly and found nothing more than a beginning-of-spring bar-b-que in progress.

 


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BID announces return of summer-time public market downtown

By Howard B. Owens

The Downtown Batavia Public Market returns Thursday, June 25 for its third year of operation, according to Don Burkel, manager of the Batavia Business Improvement District.

The market will be open from 9 a.m. to 3 p.m. and run until Sept. 10 and operate at the corner of Ellicott and Center streets.

"This year the Market will be open on Thursdays to accommodate  residents and employees of the businesses and government," Burkel said.  "This provides a convenient venue for them to shop for fresh vegetables, fruit, baked goods, fresh cut flowers, honey, specialty BBQ sauce and popcorn and lots more within a short distance of their homes and places or work."

There is plenty of parking at the location, Burkel noted.

For those interested in being a vendor at the Downtown Public Market they can contact the Business Improvement District Office at 585-344-0900 or for more information visit the BID Web site.

Police Beat: Marijuana arrests follow two traffic stops in Genesee County

By Howard B. Owens

Eric Bastian, 25, of Macedon, was arrested in Bergen Monday and charged with unlawful possession of marijuana. Bastian was reportedly driving on Route 262 when a Sheriff's Deputy stopped him for allegedly driving with improperly tinted windows and a partially obscured license plate. When the deputy approached the vehicle, he said he could smell marijuana coming from the vehicle. Upon questioning, Bastian stated it was marijuana, according to the deputy's report. A field test also confirmed that the substance found in the car was marijuana. Bastian was issued a ticket and ordered to appear in court on April 8.

Jason Smith, 30, of Ontario, was arrested for alleged unlawful possession of marijuana following a traffic stop near Oak and Main streets in Batavia. Smith was allegedly speeding. When a Sheriff's deputy approached the vehicle, the deputy could reportedly smell the smoke and then observed smoke in the car. A field test of the substance in the car reportedly confirmed it was marijuana. Smith was issued an appearance ticket for April 8 in the City of Batavia.

James P. Cox, 46, of Pembroke, was arrested for alleged DWI after a witness allegedly observed him hit another vehicle in Erie County. The witness helped Erie and Genesee County Sheriff's deputies track and find Cox. Cox was stopped on Route 5 in Pembroke. He is charged with aggravated DWI and driving with a BAC of .08 or greater. He received additional moving violation tickets. Cox must now appear in courts in both Pembroke and Newstead.

James P. Coles, 30, of Darian, was arrested by Batavia Police yesterday for allegedly violating an order of protection the day before. Coles is accused of sending text messages to, and then showing up at the residence of the protected person. He is being held in lieu of $1,000 bail.

A 17-year-old from Bergen was picked up by Sheriff's Deputies yesterday and charged with unlawful possession of marijuana. The teen was allegedly found in possession of marijuana in the Village of Bergen municipal parking lot.

Calling All Local Musicians- We Need You

By Robin Walters
 
 Care-A-Van Ministries
 
 
 
From the desk of Paul Ohlson, Founder of Care-A-Van Ministries:
 
 

This Saturday April 4th  at 3:00 at the Assembly of God church we will be having our first Care-A-Van band meeting with everyone bringing their instruments or voices. For those of you that missed our first meeting you are still welcome to join us  and just bring your instruments.

Please share this with anyone you think might be interested in taking part. We can really make a difference in our community by being out there and ministering through music. There are plenty of opportunities throughout the summer with our Thursday evening cookouts, Saturday morning food and prayer outreach and Sunday afternoon Street Church.

 

Wouldn't it be just great if we had enough people involved to have a huge band and choir to accompany it. People would come from all walks of life just to see that, and what an opportunity we would have to share the gospel through that !!!

 

I'm excited and hope you are as well

 

Please join us and let's see God move in our city and it's residents....revival begins with us...ther are a lot of unsaved people

 

How will they know we care if we don't go out and share

 

See you Saturday and ...KEEP THE LIGHT ON

Paul Ohlson

 

 
Posted by Robin Walters
Public Relations Director
Care-A-Van Ministries
If you have any questions, please call 585-343-0328
 
 

Genesee County ambulance task force opens bidding for new countywide service

By Howard B. Owens

Private ambulance companies can begin bidding on a contract to provide Genesee County with ambulance services. The private service will replace the service terminated by a vote of the Batavia City Council and scheduled to end Sept. 1.

Lawn signs protesting the council vote continue to dot the Batavia landscape.

A Request for Proposal (RFP) can be found on the County's Web site. The RFP was developed by the Genesee County Ambulance Task Force.

WBTA interviewed Tim Yaeger is the county’s emergency management coordinator, and head of the task force. Yaeger said the task force will review the proposals and submit recommendations and feedback to the participating government agencies.

Deadline for submissions is April 29.

The RFP is a very thorough document (PDF). It specifies the scope of service, company qualifications, insurance requirements, equipment needs, response times and communication guidelines.

The winning bid will be granted a three-year contract beginning Sept. 1, 2009 and ending Aug. 31, 2012. The contract may be terminated by either party on 120-days written notice.

The selected vendor must submit a surety bond or irrevocable letter of credit in the amount of $500,000 to guarantee performance of work.

The task force also reserves the right to reject all proposals.

Interested companies can ask questions and get more information on April 15, 10 a.m., at the Fire Training Center.

While service must start by Sept. 1, no date has been set for announcement of the awarded contract.

Most of the information contained in proposals received by the task force will be public information, discloseable under the Freedom of Information Law, except information specifically deemed as proprietary, in writing, by the submitting company.

Opponents of the city's decision to terminate its ambulance service set up a Web site to rally community support for its position. At one time, the site contained a (certainly non-scientific) poll to gauge community support for its position. Before the poll was taken down, only about 35 percent of the poll respondents favored the pro-city-ambulance position. The site also contains an online petition, but as of this moment -- several weeks after it was launched -- only 131 people have signed it.

Mallow says Batavia can handle loss of video lottery money to state budget

By Howard B. Owens

In a statement issued last night, Assemblyman Steve Hawley said the elimination of VLT money (video lottery terminal funds) is going to cost both Batavia and the County some big bucks.

Today we asked City Council President Charlie Mallow (who, along with Rose Mary Christian, apparently will be a candidate for the County Legislature) about the impact of the state budget on local governments.

Charlie sent along this statement:

The city never planned for the VLT money to continue. We have always looked at the money as a short term windfall that was used to pay down the city’s debt. This year we used most of the money for designs to plan for infrastructure repairs.  On the bright side we were able to dodge a bullet that would have taken $40,000 in state aid that helps support our Youth bureau. We lobbied hard to change the governor’s mind about those block grants.  As far as I am aware at this point, some careful planning has helped us in the long run and this budget shouldn’t have a major effect on the city.

Hawley's statement about the VLT cuts:

The budget will also include a 50% reduction in VLT funding that will leave municipalities that depend on this money left holding the bag. The City of Batavia will see a cut of $314,849, the Town of Batavia $114,563, and Genesee County $143,137.  This lack of funding will force municipalities to pass along the added burden to taxpayers.

Reltated but out of the area: In an editorial, The Canandaigua Daily Messenger  recently said Farmington was wise not to count on keeping VLT money, which has been targetted for potential cuts before.

Batavia Muckdogs name mascot

By Billie Owens

Homer is the moniker selected for the Batavia Muckdogs following a contest among local residents.

More than 100 names were submitted for the big lovable dog mascot of the NY-Penn League Champions.

The contest winner is Katie Houseknecht of East Bethany. She was the first person to submit an entry and the first one to suggest Homer for the mascot's name.

"The name was a no-brainer for me," Katie said in a Muckdogs' press release. "Homer is my brother Tim's nickname. And if the Muckdogs hit lots of 'Homers,' they will be NY-Penn League Champions again."

She won an electric scooter, courtesy of 7-Up, plus two tickets for Opening Day at Dwyer Stadium. The Muckdogs will play against the Auburn Doubledays in the Friday June 19 game. Fireworks will follow.

Three people busted in Batavia after investigation into crack cocaine sales

By Howard B. Owens

Two Rochester residents and a Batavia man are in custody after an investigation last night by Drug Enforcement Task Force members into the sale of crack cocaine in Batavia.

Arrested where Mark H. Gissendanner, 24, or Rochester, Aileen Nieves, 21, of Rochester and Shawn M.Walburn, 35, of Batavia.

Gissendanner was arrested in the parking lot of 21 Liberty Street, while Nieves and Walburn were picked up in the parking lot of Van Detta Stadium on Union Street.

All three suspects were arraigned in Batavia City Court and are being held without bail.

Gissendanner reportedly sold a quantity of crack cocaine to task force members on two occasions and then was allegedly in possession of more of the drug when he was arrested. He is charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance  in the third degree.

Nieves reportedly sold crack cocaine to an undercover office while in Batavia and was allegedly in possession of more crack when she was picked up. She is charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance  in the third degree.

Walburn was allegedly in possession of crack when his vehicle was stopped by task force members in Batavia. He is charged with criminal possession of a controled substance in the forth degree.

Participating in the investigation were members of the Genesee County Sheriff's Department, the Batavia Police Department and the LeRoy Police Department.

Pictured above in order are Gissendanner, Nieves and Walburn.

Batavia Downs employee wins Dodge Challenger in casino giveaway

By Howard B. Owens

Officials at Batavia Downs are trying to figure out what to do after Rocky Ferrando won a 2009 Dodge Challenger over the weekend.

Great for Rocky, but the problem for the Downs is that Ferrando is a full-time OTB employee.

According to Dan Fischer at WBTA, officials are researching Batavia Down rules about employees entering and winning contests.

Listen to WBTA this morning and afternoon for more on the developing story.

UPDATE: WBTA has an audio interview up with Marketing Manager Marty Biniaz. The prize has been rewarded to Melanie Rahlston  of Mount. Morris.

Two-acre grass fire reported on Batavia-Oakfield Townline Road

By Howard B. Owens

An "out of control" grass fire is being battled at 3186 Batavia-Oakfield Townline Road.

The fire covers an estimated two acres and additional crews have been request.

No report on whether any structures are threatened.

UPDATE 2:58 p.m.: I'm on scene. Fire seems pretty much under control. Manpower-only crews were called in from Stafford and Pembroke (Pembroke's brush truck was reported out of service). The fire started as a controled burn, according to homeowner Michael Cusmano. "It just took off," he said. I'll post a picture or two shortly. Also, there is another reported brush fire near Stafford (I didn't catch the exact address) and a grass fire at 10346 Hartwell Road in Pavilion.

UPDATE 3:45 p.m.: I didn't make it out to the Pavilion fire. It sounds like it's under control at this point. Some crews are returning to station.

 


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Batavia's Schunk motivated to help students succeed on assessment tests

By Tasia Boland

Pamela Schunk couldn’t have stood up faster when she started talking about learning strategies and plans for students.

She grabbed Charlotte Danielson’s Framework for teaching book. She lit up as she talked about the education consultant and talked about how powerful the book is.

“There’s no more taking a test and you’re done,” said Schunk.

Schunk is the director of learning for pre K-12 grade. She is responsible for keeping up to date on all new research and strategies. Communicating she said, is a big piece of her job. She addresses state standards and is responsible for the professional development for teachers, training and implementing quality instruction.

The district uses assessments to drive what they teach. Although the district is required to follow New York's Comphrehensive District Education Plan (CDEP), Schunk said they stive to go above and beyond.

Today teachers and administrators listen further and involve each student.

“When you do poorly on a test you are less motivated,” saying how important it is to help students do well on assessment tests.

Some assessments include a study group to involve students. This will allow the teacher to communicate to the student explaining where he or she struggled on a test and why. Then the pair will decide a learning goal, and the teacher will commit to helping the student succeed in meeting his goal.

She agreed that motivation is key.

Schunk, who has been director since July, is excited to be able to break information down for the student. She got her motivation from Rick Stiggins who founded the Assessment Training Institution.

She  said you have to try every option with every child.

“It’s motivating,” she said.

Teachers and administrators have a pretty good idea  from the time they are hired their potential salaries. Schunk broke down the APPR (Annual Professional Performance Review) and said teachers are observed at least once every three years. Non tenure is three times the first year.

“If you enjoy education there isn’t a better place to be, preparing kids for the future,” said Schunk, “It is a huge responsibility but so rewarding.” 

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