Stories from

Stephen W. Quigley, 55, who is reportedly homeless and traveling from Texas to Ohio, was arrested by Sgt. Timothy Hays of Detective John Condidorio of the Le Roy Police Department yesterday on a charge of petty larceny. Quigley is accused of entering a local church and attempting to steal money from the candle prayer offerings. He is being held on $500 bail.

Robert W. Walsh, 22, of Rochester, was stopped by Corfu police for allegedly driving without headlights. Upon further investigation, officers suspected he was driving while intoxicated. He was charged with DWI and issued an appearance ticket.

Alana M. Thompson, 18, of Lockport was charged with DWI following a traffic stop by Corfu police for allegedly speeding in the village. She was issued an appearance ticket.

Kelly J. Hinkle, 20, of Addison, Maine, is charged with DWI. Hinkle was reportedly spotted on Route 33 in Batavia making an unsafe lane change and then stopping. He is accused of having a BAC of .08 or higher. Hinkle was issued an appearance ticket.

There were two arrests at last night's Kenny Chesney concert at Darien Lake:

Jordon E. Burns, 18, of Orchard Park, is accused of taking a wallet with a debit card in it from a parked vehicle. He is being held in Genesee County Jail on $10,000 bail.

Jessica A. Sheer, 18, of Caledonia, is accused of slapping another person in the face.  She is charged with disorderly conduct. Sheer was issued an appearance ticket and released.

Today, I toured the Sheriff's Office with Sheriff Gary Maha and got to hang out in the high-tech dispatch center for a good deal of time, learning all about both the technology and work flow. It was very imformative. Steve Sharpe, director of emergency communications, provided great insight into dispatch operations. I spend a lot of time listening to the scanner and I depend on the dispatch center for news, so it was useful to see how it actually works and meet the people behind the professional-sounding voices I hear every day.

Paul R. Tenney, 39, of Batavia, is accused of stealing more than $100,000 from his employer, Elcon Inc., located on Alexander Road in the Town of Batavia.

Between January 2008 and March 2009, Tenney allegedly forged business checks and falsified business records.

Tenney is charged with three felonies: grand larceny in the second degree, forgery in the second degree and falsifying business records in the first degree.

He is being held in Genesee County Jail on $10,000 bail.

The investigation was conducted by Kirsopher Kautz with the assistance of the Genesee County District Attorney's Office.

Today: South Main Country Gifts, 3356 S. Main St. Road, Town of Batavia.

Need a gift for a birthday, wedding or anniversary? South Main Country Gifts is a great place to start. South Main features a large selection of merchandise on two floors.

We have a $20 gift certificate for $10, plus $1 PayPal service fee.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

SOLD

Only a minor injury was reported following a two-vehicle accident Tuesday at 6:30 p.m. at the intersection of Norton Road and Route 262.

Kenneth D. Kowalik, 49, of Elba, was reportedly driving a 2006 Honda pick-up north on Norton when he failed to yield for a stop sign, striking a 2004 Pontiac driven by Gina M. Johnson, 30, of Bergen.

Johnson complained of abdominal pain, but was not hurt seriously enough to be transported to the hospital.

Amanda T. Sterzick, 37, of 3 Maple St., Batavia (pictured), allegedly sold 20 hydrocodone pills to an undercover agent with the Genesee County Local Drug Task Force. Sterzick has been charged with criminal sale of a controlled substance. At the time of her arrest, she had $1,237 in cash. She is held in Genesee County Jail without bail.

Jarrett M. Hoffman, 20, of 9307 Asbury Road, Le Roy, is charged with unlawful possession of marijuana and aggrevated unlicensed operation of a motor vehicle. Hoffman was stopped for allegedly making two turns without a turn signal. He was issued an appearance ticket and released.

UPDATE: Just in:

Timothy O. "Cricket" Lee, 28, of 20 Ross St., Apt. 2, Batavia, is accused of selling crack cocaine while being observed by members of the Genesee County Local Drug Task Force. At the time of his arrest, Lee allegedly had $1,840 in cash. Lee is charged with criminal sale of a controlled substance and unlawful possession of marijuana. He is being held without bail.

Tankers and crews are being dispatched as mutual aide to a house fire in the Town of Alden.

The fire is reported at 12773 Uebelhoer.

Manpower and equipment is being requested from Corfu, Darien and Pembroke.

UPDATE: A reader reports that it shoulds like two structures are on fire. He sends along a link where you can listen to Erie County fire dispatch online. iTunes is required.

UPATE II: Lucille notes in comments, WBKW reports that at least one person is dead at the fires.

UPDATE III: Beth Kinsley provides this link: Sibling dispute ends in suicide.

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Today: Two great opportunities for great meals at a discount!

Batavia Downs Grandstand Bar & Grille: Dine and play at one of Batavia's most popular entertainment venues.

T.F. Brown's: Take in a game, catch up on scores or just enjoy an exquisitely prepared meal.

Each gift certificate is valued at $25 and available today for $12.50 each, plus a $1 PayPal service fee.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Batavia Downs Grandstand Bar & Grille

SOLD

T.F. Brown's

SOLD

Philip H. Rebmann, of Corfu, reportedly fell asleep while driving on Fargo Road in Darien around 3 p.m. yesterday, according to a Sheriff's Office accident report. His 2001 Olds two-door sedan traveled off the road, hit a rock, continued over a private driveway and slammed into a tree.

Rebmann, 65, complained of chest soreness, but was not transported to the hospital.

The vehicle was registered to a Darien Center woman. 

Initial reports said the driver claimed his car had been run off the road.  A passerby had taken him to a nearby residence.

The first round of reports on the proposed consolidation of the town and city are now available:

• First Report to the Community — A Vision for One Batavia
• PP Presentation to City Council & Town Board 6-1-09
• Public Forums to be Held June 18 & June 30
• Press Release 6-1-09 — A Vision for One Batavia

Business First takes a look at tax-relief recommendations encouraging mergers between smaller school districts, and comes up with a list of 13 potential consolidations in WNY, among them Elba and Oakfield-Alabama.

Elba/Oakfield-Alabama

Enrollment is 35 percent lighter in Elba (537 students) than in any other Genesee County district. The closest option for consolidation is 10 minutes down the road in Oakfield-Alabama (990). The resulting district (1,527) would still have fewer students than nearby Batavia.

Political candidates: I've put together a special rate card for the political season now upon us. There is a definite advantage to acting quickly (essentially, buy an ad before July 1 and get a month or more of free advertising -- the sooner you act, the more you save).

Write to me, howard (at) thebatavian dot com and I'll reply with the rate sheet.

The city Democrats have lined up behind three candidates for Batavia City Council in the November election.

All three are running for at-large positions.

Getting the endorsements are Sarah Burk-Balbi, Phil Ricci and Julie Wallace.

For the County Legislature, the Democrats are backing Chris Charvella (District 8), Rosemary Christian (District 7) and Edward DeJaneiro, Jr (District 9).

Ward 2 City Council represenative Marianne Clattenburg is getting the GOP nod for a Batavia at-large council position in the November election.

The GOP met tonight and endorsed Clattenburg, as well as incumbents Frank Ferrando and Tim Buckley.

If Clattenburg won the at-large seat, under council rules, a Republican would be selected to assume the remainder of her Ward 2 term.

Tune in to WBTA in the morning for more coverage of the endorsements.

City Manager Jason Molino submitted two letters detailing the hiring process that led to the appointment of Tom Dillon as interim fire chief last year, as well as how Dillon would be replaced, but the NYS Civil Service Commission still denied the city's request for a 211 waiver because of insufficient detail, according to documents obtained by The Batavian today.

"The Municipal Service Division recommends that the State Civil Service Commission disapprove this request for lack of details on the results of the interviewing process," writes state staff in its recommendation to the commission.

The recommendation contradicts the detail on recruitment efforts and interviewing contained in two letters, with attachments, provided by Molino to the commission. One letter was submitted Oct. 8, 2008 and another on Jan. 16, 2009, four days before the commission notified Molino the city had not responded to its request for more information.

"We sent them everything they asked for," Molino said in an interview this afternoon.

Dillon resigned as fire chief last month after the state ruled that he could not continue to receive his pension from his 29 years with the Rochester Fire Department and draw a full-time salary in Batavia.  The city sought what is known as a 211 waiver, which is designed to help local governments fill vacant positions, especially on an interim basis, with retirees.

Molino attributed the denial of the waiver more (as we covered in a previous post) to a change in the state's willingness to grant 211 waivers.

"The whole point of the 211 process, it was created for interim positions for temporary periods of time and what's happened over the years is people have taken interim positions and turned them into permanent ones," Molino said.

The commission was told, Molino noted, that Dillon's appointment was intended to be temporary because at the beginning of the process, there was still some thought that the charter review process might led to a unified chief executive for police and fire (it turns out that isn't permissible under state law).

The city wanted to keep Dillon on until either a unified position was created or a civil service test for the position could be administered in January 2010.

"The other part of it was we weren't going to fill it permanently until this charter review was completed, and if there was a change in direction, we would change with it, otherwise, we would move forward with the test in January," Molino said.

The documents also reveal that prior the appointment of Dillon, all four Batavia Fire captains were considered for the position, but none were eligible for promotion.

The Batavian made its initial FOIL request the documents related to the city's waiver request a month ago. The FOIL request was fulfilled today.  Here are the documents (large PDF file).

The girlfriend of Joseph Benaquist told authorities the night Benaquist was killed in the driveway of his Pembroke home that Benaquist and murder suspect Scott Doll had a "troubled transaction" involving two vehicles, according to court documents filed with the County Clerk's office late this afternoon.

The revelation is contained in an opinion issued by Judge Robert C. Noonan, answering several motions filed by Doll's attorneys.

Noonan denied a motion to supress evidence obtained with a search warrant issued on Feb. 20.

Benaquist's battered body was found between two blood splattered cars in the early morning hours of Feb. 17, Noonan says in his opinion. The cars were a Pontiac G6 with a flat tire and a Nissan Altima with an automobile jack at its side.

The Pontiac was tagged with license plates from a Chevrolet Malibu purchased by Doll and Benaquist, but registered to and used by Benaquist.

Benaquist, Noonan writes, was scheduled to meet with Doll hours prior to the discovery of his body, according to Benaquist's girlfriend.  Phone records reveal Doll had called Benaquist earlier that afternoon.

A hearing on further motions is scheduled for June 16 at 1:30 p.m.

Read the full decision (PDF)