The Yellow Goose convenience store, 1110 W. Main St., Le Roy, is reportedly charged with smoke.
It's a possible electrical fire.
A Le Roy fire chief is on scene.
Le Roy fire is responding with mutual aid from Bergen.
Members of the City of Batavia Fire Department were surprised to learn Friday that their fire chief, James Maxwell, retired with no apparent notice.
Contacted by phone this morning, Maxwell said he wasn't in a position to comment on his retirement, but did confirm it was not announced prior to the decision.
City Manager Jason Molino confirmed last night that Maxwell retired. We have not yet been able to reach him this morning for further comment.
We've spoken with several members of the fire department and all were surprised by Maxwell's departure and said they've been told nothing further about Maxwell leaving the department. One member said they were told to refer questions to Molino.
UPDATE 10:51 a.m.: Jim Maxwell asked to include the following statement: "I enjoyed my time with the department and the opportunity to work with the professional men and women of the organiztion. I wish them all the best in the future."
We're expecting to speak with Molino later. He said he has a statement.
Also, we've learned there was a civil service posting for the position Dec. 2.
UPDATE 3:29 p.m.: Jason Molino and I have been unable to connect by phone today. He e-mailed over this statement: "The City thanks Chief Maxwell for his years of service to the community. We wish him the best in his future endeavors."
UPDATE 3:32 p.m.: A person familiar with the civil service process says the exam was not posted Dec. 2. That was the last filing date for the exam. If a job opening had been posted, the reader suggests, City fire personnel would not be surprised by the retirement.
A former mayor of Medina, who moved to Batavia about a year ago, has been tabbed by the City GOP to take over a vacant seat on the Batavia City Council.
If confirmed by the council, Adam Tabelski will fill the council-at-large seat vacated by John Deleo, who was elected last month to the County Legislature.
Tabelski's LinkedIn profile says he is currently employed at WENDEL Companies in Williamsville as an account manager.
He was communications director for Sen. George Maziarz from 2002 to 2014. He also served in the Army National Guard for six years.
Tabelski was mayor in Medina from April 2008 to Sept. 2011. He has a master's degree from SUNY Albany in History and a bachelor's degree from SUNY Geneseo.
When a seat is vacated on the council, the political party of the departing council member selects the nominee to replace that member. The council must confirm the nominee, but usually goes along with the party's selection.
The vote will be held at the council's organizational meeting Jan. 4.
Sources told WBTA, The Batavian's news partner, that four people sought support to fill the vacant position.
The drivers of both cars involved in an accident at Route 77 and Judge Road at 5:57 p.m., Thursday, were transported to ECMC with injuries, according to a Sheriff's Office accident report.
Both were conscious and alert at the time of transport, according to the report.
Tarah N. Mruczek, 29, of Ackerson Road, Basom, was westbound on Judge Road and James A. Hitt, 69, of Portage Road, Medina, was northbound on Route 77 when Mruczek allegedly failed to stop at the stop sign.
Hitt's vehicle was knocked into a utility pole as a result of the collision.
If citations were issued, they are not listed on the report.
Melissa MacCowan, an eighth-grader at Byron-Bergen, won her division of the Buffalo Bills region for the NFL Punt, Pass and Kick Championship on Dec. 6 at Ralph Wilson Stadium.
MacCowan participates in varsity soccer, swimming and track at Byron-Bergen.
She was provided with hotel accommodations for the weekend, lunch in the Buffalo Bills cafeteria, tickets to the game, certificate, jersey, hat, football gloves, participated in opening ceremony/National Anthem on the field during the Dec. 6th game, and announcement of the winners on the Jumbotron as well as watching the game from the Bills' suite.
To reach the finals in Buffalo, MacCowan had to win a sectional tournament in Rochester. This year marked her third-straight year of posting a win at that event.
She is pictured with Aaron Williams of the Buffalo Bills.
Info and photo provided by Diane MacCowan.
Press release:
The Board of Directors of the Genesee County Economic Development Center (GCEDC) authorized a public hearing for 1366 Technologies, Inc., and approved a final resolution for an amendment to an original application for assistance from Manning Squires Hennig Co., Inc., at the agency’s Dec. 17 board meeting.
1366 Technologies, Inc., plans to build its first commercial Direct Wafer™ production plant at the Science and Technology Advanced Manufacturing Park (STAMP) in the Town of Alabama.
The project includes the construction of a new 130,000-square-foot manufacturing facility that will grow to eventually create 1,000 full-time jobs and approximately another 5,000 construction and indirect and induced jobs. The total economic impact is preliminarily estimated to be in the range of $1.5 billion over the next 10 years.
1366 Technologies, Inc., is seeking approval for approximately $34.7 million in sales, mortgage and property tax exemptions. The planned capital investment will total approximately $700 million.
“As the largest economic development project in the history of Genesee County, 1366 Technologies will undoubtedly be a game changer in establishing our region as a major high-tech manufacturing hub,” said GCEDC Chairman Paul Battaglia. “This project also will create hundreds of manufacturing jobs and indirect supply chain jobs not to mention hundreds of jobs throughout the construction process.”
The GCEDC board also approved amended incentives for Manning Squires Hennig Co., Inc., a well-known general contractor in Finger Lakes and Western New York regions. The company will expand its corporate offices and maintenance facilities in the Town of Batavia by up to 5,000 square feet, as well as renovate its existing shop and office space.
The project was approved for sales tax, mortgage tax and property tax exemptions totaling $215,529 in incentives. The project’s capital investment is approximately $2.2 million.
“We are pleased to see continued investments being made to improve the facilities of existing companies like Manning Squires Hennig in the Town of Batavia,” said Steve Hyde, president and CEO, GCEDC. “We remain committed to help existing businesses in the County expand their operations in our ongoing efforts to enhance the business climate throughout the region.”
In other agency business, the board approved a 2-percent salary increase for all GCEDC staff for 2016, as well as an increase for the GCEDC office manager.
Press release:
Genesee County STOP-DWI coordinator Matt Landers announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department, and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving.
While we spend this Holiday Season celebrating with friends and family and looking forward to the blessings of a New Year, the law enforcement community across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives.
The statewide STOP-DWI Crackdown efforts start on Dec. 18th and will end on Jan. 3rd. New York State Police, county sheriffs and municipal law enforcement agencies across the state will be out in force. Research shows that high-visibility enforcement can reduce drunk driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem.
The STOP-DWI Holiday Season Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the Governor’s Traffic Safety Committee and implemented by the STOP-DWI Foundation.
In addition the Foundation has created a new Mobile App – “Have A Plan” that is available as a free download for smart phones to help find safe rides home no matter where you may be celebrating. Many thanks to the Governor’s Traffic Safety Committee for their support of this new technology. Go to www.stopdwi.org/mobileapp or visit your app store.
While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol- and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers.
Nationwide 10,076 people died in alcohol-impaired-driving crashes in 2013, 6,515 (65 percent) were drivers with BACs of .08 or higher. During the 2013 holiday enforcement period (Dec. 18-31), there were 1,180 people killed in crashes on our nation’s roads, and almost a third (30 percent) of those fatalities were in drunk-driving crashes. On Christmas Day, 23 people were killed in drunk-driving crashes.
Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving. Have a safe and happy Holiday Season!
Press release:
City of Batavia Firefighters Local 896 for Operation Warm would like to thank everyone for their continued support over the last three years. This year Batavia City firefighters were able to distribute 108 brand-new, 100-percent American-made winter coats to children in Batavia. This campaign would not have been possible without the support from our community. This year we partnered with local business Ken Barrett Chevrolet and it was a huge success. We can't thank them enough for their support and donation of more than $2,000 to provide the gift of warmth. Special thanks also goes out to Michelle's Catering & Bakery Co. Since 2013 we've distributed over 225 brand-new coats and look forward to continuing our fundraising efforts for many years to come.
An accident has been reported at Judge Road and Route 77, Alabama.
Two vehicles are involved.
It's believed to be minor injuries.
Alabama fire and Mercy EMS dispatched.
UPDATE 6:13 p.m.: A landing zone has been set up for Mercy Flight.
Ready for some snow?
There's a lake effect snow advisory in effect for tomorrow starting at 1 p.m. and extending to 10 p.m.
There could be accumulations of 2 to 3 inches in the afternoon and another 2 to 3 in the evening, leading to storm totals of 3 to 6 inches in the "most persistent" areas of lake effect snow.
Winds will blow from 15 to 25 mph with gusts up to 35 mph, producing some blowing and drifting snow.
Jade Dewey Repass, 20, of Irving Parkway, Oakfield, is charged with inhalation of certain toxic vapors. Repass was arrested following a complaint of two people unconscious in a vehicle in the parking lot of Walmart. Also charged was Jesse Sumner Repass, 29, of Pine Street, Oakfield. The duo are accused of inhaling fumes from a pressurized can of dust cleaner while sitting in the vehicle, causing a condition of intoxication. Jade Repass was released on his own recognizance. Jesse Repass was jailed on $1,000 bail or $2,000 bond.
Guadalupe Lopez-Perez, 53, of South Main Street, Batavia, is charged with criminal possession, 2nd. In the course of a domestic incident investigation at 12:35 a.m., Dec. 13, at a residence on South Main Street by Officer Jason Davis, Lopez-Perez was allegedly found in possession of a forged Social Security card and a forged resident alien card. These cards enabled him to obtain employment in the United States using a Social Security number. Lopez-Perez was jailed without bail.
Dennis Ray Lloyd Jr., 34, of Porter Avenue, Batavia, is charged with criminal contempt, 1st, assault, 3rd, endangering the welfare of a child, harassment, 2nd, criminal mischief, 4th, and criminal obstruction of breathing. Lloyd was allegedly involved in a verbal and physical domestic incident with the mother of his child and a friend of the mother's at 5:59 a.m., Dec. 14. The child was not physically harmed. Lloyd was jailed without bail.
Tyler J. Henderson, 27, of Franklin Street, Batavia, was arrested on a warrant. Henderson is accused of failure to appear on charges of menacing, 3rd, disorderly conduct and reckless endangerment of property. The reported date of the original incident is Jan. 1 at 9 Jackson St., Batavia.
Donna M. Kroft, 62, of State Street, Batavia, is charged with petit larceny. Kroft is accused of stealing $40.13 worth of merchandise from Dollar General.
Magnum Marie Kibler, 19, of Randall Road, Le Roy, is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 7th, and no seatbelt. Kibler was stopped at 12:33 a.m. Dec. 13 on Clinton Street by Officer Mitchell Cowen.
Jeffrey James Cervone, 47, of Skye Road, Basom, was arrested on a warrant. Cervone allegedly failed to appear for a court date. He was arrested upon his release from the Erie County Jail, where he was held on an unrelated matter. He was jailed locally on $1,000 bail.
A 17-year-old resident of Batavia (name withheld by Batavia PD) is charged with assault, 3rd. The youth and a juvenile companion are accused of attacking another person, causing physical injury.
Ian K. Leblanc-Chatt, 30, of Hart Street, Batavia is charged with petit larceny. Leblanc-Chatt is accused of stealing a 12-pack of AA batteries valued at $12.79 from Tops at 1:10 a.m. Dec. 12.
Press release:
The Genesee County Chamber of Commerce will celebrate its 44th Annual Awards Ceremony on Saturday, March 5, at the Clarion Hotel, Park Road, Batavia. This is the County’s premier event that honors businesses and individuals for their achievements in business, community service and volunteerism. Tickets are $50 per person or a table of 10 for $450.
The evening begins at 5:30 with hors d’oeuvres, entrée tables & cash bar (no formal sit-down dinner is to be served). The Award Program starts at 7 o'clock when dessert and coffee will be served.
This year’s honorees are:
-- Business of the Year: The New p.w. minor
-- Small Business of the Year: Guthrie-Heli Arc, Inc.
-- Agricultural Business of the Year: Post Dairy Farms, LLC
-- Special Community Service Recognition of the Year: GLOW YMCA Challenger Program
-- Geneseeans of the Year: Susie Boyce and Barry Miller (posthumously)
-- The Wolcott “Jay” Humphrey III Community Leadership Award: Jay Gsell
Frank Panepento serenaded shoppers with Christmas carols on his trumpet at Tops Market on Wednesday evening while volunteering with the Salvation Army for the Red Kettle Campaign.
Joining Panepento was Pauli Miano.
Below is a picture from last week that I forgot to post of local Girl Scouts and Webelos during their evening of volunteer bell ringing and Christmas carol singing.
Red Kettle volunteers are still needed. To volunteer, contact Major Robert Kurtz at (585) 861-0676 or robert.kurtz@use.salvationarmy.org.
A motor-vehicle accident with a serious injury is reported at 7372 York Road, Pavilion.
A Pavilion chief is on location. He's asking about the status of Mercy Flight.
He's reporting heavy entrapment.
Pavilion fire is dispatched.
Mutual aid from Le Roy requested.
UPDATE 12:10 a.m.: A landing zone for Mercy Flight is being established.
UPDATE 2:45 a.m.: The driver was transported to Strong Memorial Hospital by Mercy Flight. He was conscious and alert during and after an 18-minute extrication. The cause of the accident remains under investigation. Charges are possible. The name of the driver has not yet been released. The vehicle was eastbound on York Road. The driver's girlfriend was following at some distance. She lost sight of the vehicle and found it off the road about the same time residents near the crash, which included a Pavilion chief, found the accident. The truck struck and sheared off at least two trees. The vehicle was heavily damaged.
UPDATE: The driver is identified as Taylor J. Scaccia, 22, of Perry. Charges are pending. He was driving a 2008 Nissan pickup.
A possible structure fire is reported at 318 E. Main St., Batavia.
Heavy smoke is reported in the kitchen of Apt. #4.
The building is being evacuated.
City fire is dispatched.
UPDATE 9:40 p.m.: Electrical issue. Residents can return to their apartments.
Le Roy's basketball team ran into a talented and disciplined Perry team Tuesday night, resulting in a 71-47 loss.
Perry's Autin Croll led all scorers with 25 points, missing only two field goal attempts all night and hitting a trio of threes in the first half.
For Le Roy, Tom Dunn scored 12, Canyon Roster, nine, Holden Bonnell, eight, and Jason Doomling, six.
Also in double digits for Perry were Zach Lowery, 14, and Tyler Cowie, 10.
To purchase prints, click here.
Cindy Ball wants justice for her dead brother-in-law and his family, and that's the goal of the prosecution, said District Attorney Lawrence Friedman outside of County Court this afternoon, where Kyle G. Johson entered not guilty pleas to the murder, burglary, arson and attempted murder charges he faces.
Ball, who is married to the brother of Norman D. "Don" Ball, the man Johnson allegedly shot in the head while he slept in his bed in his Selden Road home, cried after the not-guilty plea and cried outside the courtroom.
"He (Don Ball) had four beautiful grandchildren and this man came in his house in the middle of the night and shot him," Cindy Ball said. "It's just wrong. It's so wrong. My brother-in-law had an open door policy. He helped everybody. I've known him since I was 15. I'm just totally broken and he pleads not guilty. There's proof."
There's also due process and defense attorneys are charged with ensuring the prosecution has a solid case, either through a plea bargain process or by taking the case to trial. It's every defendant's right.
"Basically, everyone pleads not guilty at arraignment," Friedman said. "That's they way it goes. Whether there would be a guilty plea, in any case, it normally doesn't happen at the time of arraignment on an indictment."
Johnson was indicted last week by a Grand Jury of Genesee County on the eight counts that include murder in the second degree. The charges stem from events on Selden Road, Le Roy, on the morning of Dec. 1, when Johnson allegedly entered the home of Don Ball through an unlocked back door, entered his bedroom and shot him. He then allegedly went back to his own house on Selden Road and set it on fire. When a Le Roy fire chief and police officer arrived on scene, Johnson allegedly fired his shotgun at them.
Friedman said his goal for the family is to "seek justice."
At this point, Johnson will continue his stay in jail without bail while his defense attorney, Public Defender Jerry Ader, prepares pre-trial motions, which Friedman will then answer, and then both attorneys and Johnson will appear in court at 9:30 a.m. Feb. 23 to argue those motions.
There may be an appearance in court by Johnson Dec. 21 on a request by Friedman to get a DNA sample from Johnson, but Ader may not contest that request, in which case there will be no appearance Dec. 21.
Johnson shuffled into court in the jail's orange jumpsuit, shackled by chains, his head down and disheveled, and said little during the short arraignment, except to acknowledge his name, agree to continue with Ader as his attorney and enter his not guilty plea.
T.F. Brown's and the Lions Club of Batavia are teaming up again for an annual free Christmas Day dinner for members of the community who want a place to go, a traditional meal and presents for the kids.
There are two seatings Christmas Day, at noon and at 1 p.m.
Childern will be able to visit with Santa and receive a present.
For reservations, call Barb at (585) 345-1000. Barb will need to know how many people are attending and if children are attending, their names and ages.
Pictured are Tony Scalia, Rick Mancuso, Chuck Brenner and Joe Teresi.
UPDATE 8:05 p.m.: This story has been corrected to include the right address of the property to be leased from landowner Sam Scarborough, and to reflect the proper per-foot incentive price for the proposed met tower.
A Houston-based energy company would like to figure out if there's enough wind blowing through Alabama to justify building windmills around farmland, so the company is proposing erecting a temporary, 311-foot meteorological tower.
While the town has zoning code that covers wind towers and communications towers, there's no code covering meteorological, or "met," towers.
The ambiguity has delayed a decision by the town board on whether to grant a variance, through what is known as an Incentive Zoning Application, for the tower.
An incentive application involves the company paying an annual fee for the ability to vary from the zoning law.
In this case, EDP Renewables North America, operating as Alabama Ledge Wind Farm, LLC, already agreed to pay a $5-per-foot incentive to construct a tower that exceeds the allowable height.
Over five years, that payment comes to about $18,000.
Town officials think the tower, which will be on land leased from a local farmer, Sam Scarborough, on Gorton Road, should be at least 1,000 feet from Gorton Road.
The current proposed location is 668 feet from Gorton Road.
Using a calculation pulled from the communication tower provisions of the law for setback (the distance from the road), the town is proposing an additional incentive fee of $20 per foot.
That would drive up the five-year cost of incentives to nearly $50,000.
Jim Muscato, attorney for EDP, thinks that fee is unreasonable and excessive.
"The purpose of incentives on a project is to look at what incentives are necessary to allow the project to go forward and come up with a reasonable accommodation for the impacts associated with the project," Muscato said. "What we're talking about here is a met tower where the associated impacts are fairly modest."
While Muscato believes the 1,000-foot setback, as opposed to a setback that doubles the height of the tower, or 622 feet, is excessive, he said his company is willing to go along with that setback definition if the incentive fee is reasonable. He would like the board to propose a reasonable incentive fee.
Town Board Member Kevin Fisher suggested that $20 might be reasonable, but he doesn't have an enough information to know at this point. He doesn't know what the market price might be, and he doesn't know how much of an impact the tower might have on town residents. He hasn't heard from constituents enough to know.
"I don’t think it’s fair to us to say, 'You guys should accept it because you don't have met tower regulations or zoning laws,' " Fisher said. "We didn’t have any reason for any of this stuff until you walked in the door."
Ronald Gilbert, planning board chairman, was in the audience and he reminded the board that some years ago, EDP, operating then as Horizon Energy, proposed a wind farm in Alabama, which is how the current zoning code came to be written, and it was Horizon officials who said then no zoning code covering met towers was necessary because a met tower wouldn't be part of the wind farm.
Town Attorney Mark Boylan said the conversation made him a little uncomfortable because the town is looking at establishing a requirement for incentives based on two sections of zoning code that do not deal directly with met towers. That introduces an element of an arbitrary decision.
When he hears the other attorney, he said, using words such as arbitrary and reasonable and unreasonable and he's offering a compromise, then, Boylan, said he's concerned about the potential for litigation if the applicant finds the board's decision unacceptable.
Muscato said he doesn't mean to imply his client is contemplating litigation, but then added, "I think what a court is going to assess is that a $50,000 payment over five years of a permit is either not calculable or reasonable or whether it is considered arbitrary. Even if we can't get past the thousand feet or two times the height, we're willing to talk about a more reasonable calculation that would be reasonable for what an incentive payment for a setback would be."
The town board tabled the zoning incentive application so more research can be done and they can put more thought into the request. It will be taken up again at the January meeting.
Only two residents turned out for the public hearing portion of the meeting, David Bencic and Randy Chalmers.
Bencic delivered a page-and-a-half statement that raised questions and concerns about any future wind farm in the area. Many of his questions were answered in the course of his presentation.
Chalmers' statement was much shorter.
"I'm really kind of against them (wind turbines), if you want to know my opinion," Chalmers said. "That's all I've got to say."
The Corfu Police Department sponsored a toy drive Sunday, with dozens of donations pouring in. The toys will be presented to local boys and girls Dec. 19.
Photo submitted by Corfu PD Officer Mike Petritz.
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