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Local Landmark: The Machpelah Chapel in Le Roy

By Howard B. Owens

Village of Le Roy resident Ryan Crossett sent in these pictures on this information on the Machpelah Chapel in the Machpelah Cemetery on North Street, and it's pretty interesting.

The chapel was designed by architect Robert Fayfield of Buffalo and was built in 1910-11 of local stone by masons Charles Sherman and Ray Peck. The total cost was $5,126.75

It was renovated in 1950 through a gift from Helen Woodward Rivas.

Further renovations were made in 1953 through a gift by Rev. Raymond Calkins in memory of his wife’s family, the Lathrops. A stained-glass window was installed in the west wall at that time

The present stained-glass window was installed in 1959 by Rev. Calkins because he was displeased with the previous window. This window was crafted by the Willet Stained Glass Studio in Philadelphia, and is known as the “Lathop Window.”

The theme of the window is taken from the Gospel of Matthew 28:1-6, and the description is as follows:

“It represents Christ’s victory over death, bearing aloft the banner of the Church Triumphant. His tri-radiant nimbus signifies His Divinity, and the rayed vesica His glory. The two guards are turned away in wonder and awe at the miracle.”

The Chapel seats 60 and is available for religious ceremonies such as weddings and funerals.

The Chapel is maintained by a bequest from Rev. Raymond Calkins. Recent projects have included: painting of window frames and doors; repairs to the slate roof; painting of masonry walls and parts of the foundation; replacement of the ceiling fan; repairs to the chimney; replacement of the north roof soffit; and replacement of the front door frame.

City denies request for public records related to unintended discharge of officer's firearm

By Howard B. Owens

The City of Batavia has denied The Batavian's request for the incident reports and possible video related to an unintended discharge of a weapon by a Batavia police officer last month.

From City Clerk Heidi Parker, the city's Freedom of Information Law Officer:

Your request for the incident report, witness statements and video, if any, has been denied after discussion with Bob Freeman from the Committee on Open Government based on NYS Civil Rights Law section 50-a since the incident in question is part of the officer’s training and evaluation process to continue employment with the City. The incident report specifically is denied based on unwarranted invasion of personal privacy.

The Batavian has taken the next step in the process for demanding disclosure of public documents and filed an appeal with City Manager Jason Molino.

To say that routine incident reports are used in officer evaluation would essentially make all police documents related to incidents confidential. Even routine arrests would be hidden from the public. That's clearly not the intent of the legislature.

Numerous sources have provided information to The Batavian indicating that there is more to this incident than Chief Shawn Heubusch is disclosing. 

UPDATE Friday, 4:50 p.m.: We received a letter from Jason Molino informing The Batavian that he is partially granting our appeal.  The incident report will be released after personal information has been redacted. Up to five business days. He's denying the request for "Special Reports" and "Police Training Reports" (we didn't specifically request those documents, because we didn't know the names of the documents, but they could be generally construed as covered by our request).  Molino said those documents are expect from disclosure under Civil Service Law 50-a.  He provided copies of the complete redacted reports, with only the memo heads remaining.  Since these reports appear to have been generated in conjunction with an internal investigation, it's likely these documents would be considered "used to evaluate performance toward continued employment or promotion." 

Previously: Accidental weapon discharge leads to internal police investigation

Highway superintendents statewide dealing with aging roadways and infrastructure

By Howard B. Owens

County Highway Superintendent Tim Hens sent over this picture from a roadway in Montgomery County (near Utica), saying, "it could have been worse" -- a comparison to the dramatic sinkhole incident in Byron last month.

The state's county highway superintendents are concerned about these issues and are lobbying Albany for funding to deal with aging roadways and infrastructure. Hens is currently president of the NYS County Highway Superintendents Association.

Hens also said the culvert on Byron Road has been replaced, backfilling is nearly complete and if there's dry weather tomorrow the road could reopen by the afternoon.

UPDATE 4:06 p.m.: More from Tim Hens:

Specifically we are trying to get the state to commit to a State Aid to Local Bridge and Culvert Program that would help counties repair the large number of aged and deteriorated culverts between 5 foot and 20 foot in span. The culvert that collapsed in Montgomery County is a prime example of the size of the culvert we are trying to get funded.
 
We have approximately 184 culverts of this size--many were built after WWII and are in need of replacement. Some are very large -- we have one on Linden Road in Bethany in the hamlet of Linden that is 19 feet 9 inches in span. It falls short of meeting federal requirements by 3 inches! It is a very large concrete arch bridge (very cool looking are actually if you are out photo hunting). It will cost at least a $1 million to replace and it will all be on the county as it does not qualify for aid. That is a big chunk for the county to finance on its own for a small bridge in a very rural area.

Photos: House demolition on West Main Street

By Howard B. Owens

A demolition crew spent the morning tearing down the second house on West Main Street next to Castilone Chyrstler Dodge to make room for the dealership's expansion. Rather than move out of the city, the owners Steve Castilone and Greg Strauss decided to remodel their existing showroom and expand on West Main.

Law and Order: Batavia teenager accused of rape in the first degree

By Howard B. Owens

Joseph A. Saraceni, 17, of Linwood Avenue, Batavia, is charged with first-degree rape, a Class B felony. Saraceni was arrested by Batavia PD following an investigation by Det. Charles Dudek and Det. Thad Mart in an alleged incident reported Nov. 11 on School Street, Batavia. No further details released.

Lance Mercado, 23, of Holland Avenue, Batavia, is charged with operating a motor vehicle impaired by drugs. Mercardo was arrested after Batavia PD received a reported of a possible intoxicated driver in the parking lot of McDonald's at 1:18 a.m., Tuesday. Mercardo was arrested by Officer Matthew Lutey.

Eric J. Davis, 36, of Corfu, is charged with criminal contempt, 2nd. Davis was arrested by State Police for an alleged incident reported at 6:52 p.m. Tuesday on Drake Street, Oakfield. No further details released.

Timothy M. Gardiner, 38, and Maria A. Gardiner, 48, both of Scottsville, are charged with criminal possession of stolen property, 3rd. Timothy and Maria were arrested by State Police in connection with an alleged incident reported at 9:39 a.m. Feb. 16 in the Town of Bergen. No further details released.

Heidi H. Stumbo, 48, of Lima, is charged with petit larceny. Stumbo was arrested by the State Police on the Tonawanda Indian Reservation. The alleged theft was reported at 1:04 p.m., Monday. No further details released.

Car and truck accident with minor injuries reported on the Thruway in Le Roy

By Howard B. Owens

A tractor-trailer has reportedly rolled over in the westbound Thruway in the area of mile marker 380.8 in an accident that also involved a car.

Minor injuries are reported.

The trailer is reportedly a flatbed hauling some sort of equipment. No leaks or fire reported.

A first responder reports a truck on its side and a car off the road.

Le Roy fire and Le Roy ambulance responding.

UPDATE 6:34 a.m.: Mercy EMS requested to the scene. Multiple people reportedly injured. Three people were in the car. The injuries are reportedly minor.

UPDATE 7:05 a.m.: An ambulance is transporting to Strong Memorial Hospital.

Rae Frank named director of Independent Living of Genesee Region

By Howard B. Owens

Press release:

Rae Frank was named director of Independent Living of Genesee Region (ILGR). She brings 15 years of experience in human services management, including leadership roles with nonprofit agencies in Buffalo, Warsaw, and Perry.

Frank has an MFA degree in Electronic Communications from SUNY at Brockport and a BA degree in Media Studies from SUNY at Buffalo.

She resides in Gainesville with her husband and three children.

Frank becomes the second director of ILGR, a part of the Western New York Independent Living, Inc., family of agencies. For more than four years, the agency has offered individuals of the Genesee Region (Orleans, Genesee and Wyoming counties) four core services including information and referral, peer counseling, independent living skills training, and individual and community advocacy, through empowerment, education and equality for all, regardless of disability.

Town of Oakfield breaks ground on newest public water project

By Howard B. Owens

Town of Oakfield officials today broke ground on a new public water project that will get 60 parcels of land (about 50 residents) off well water. Water District #3 calls for 16,350 feet of water line on Maltby, Fisher and Fox roads and a portion Drake Road. The total cost is $1.129 million, with $750,000 funded by a USDA grant. The rest is packaged in a loan from the USDA. Landowners within the district will see $974 per parcel added to their annual tax bill. Supervisor Carol Glor said the push for public water in the town comes from residents. She said officials have received a lot of requests from residents who want to get off of well water.

Pictured, from left, Supervisor Carol Glor, Alan Dennis, public works administrator, Barry Flansburg, assessor, Mark Mikolajczyk, zoning officer, Cory Neefus, from Clark Patterson Lee, Melissa Haacke, town clerk, James Veazey, deputy supervisor and Jeremy DeLyser, from Clark Patterson Lee.

Photos: Prepping field for planting

By Howard B. Owens

It's spring and local farmers are getting their fields ready for planting. Photo taken from Lewiston Road of field owned by MY-T Acres.

Collins announces $130K for Genesee County Youth Bureau

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today announced that the Genesee County Youth Bureau has received nearly $130,000 in AmeriCorps funding from the Corporation for National and Community Service (CNCS).  

This grant will put 34 AmeriCorps members on the ground to work with the Youth Bureau and several nonprofit and government agencies to provide fitness, nutrition and environmental education programs in Genesee, Orleans and Wyoming counties. The Genesee County Youth Bureau has been operating an AmeriCorps program since 2004.

“Congratulations go out to the Genesee County Youth Bureau for receiving this competitive grant and continuing to provide children and teens in Genesee, Orleans and Wyoming counties with critical programs,” Congressman Collins said. “I also want to thank AmeriCorps members for answering the call to serve. AmeriCorps members are an indispensable resource for nonprofits, communities, and the individuals they serve. Citizen service is an essential part of the solutions to many of the challenges our communities face.”

The current year’s AmeriCorps grant cycle was highly competitive. The 2014 competition prioritized investments in economic opportunity, education, veterans and military families, and disaster services.

AmeriCorps engages more than 75,000 members in intensive service annually to serve through nonprofit, faith-based, and community organizations at 25,000 locations across the country. These members help communities tackle pressing problems while mobilizing millions of volunteers for the organizations they serve.

This year marks the 20th anniversary of the AmeriCorps program. Since 1994, more than 830,000 Americans have provided more than 1 billion hours of service addressing critical challenges from poverty and hunger to disasters and the school dropout crisis.

Company pitches idea of plant that converts food waste into energy at planning board meeting

By Howard B. Owens

A company with roots in New York, but currently based in Connecticut, is looking to build a plant at the Genesee Valley Agri-Business Park that would convert food industry waste into heat and electricity.

"We make green power out of organic waste," said Paul Toretta, CEO of CH4 Biogas, while presenting his company's plans to the Town of Batavia Planning Board. "Once the digester does its thing, it captures methane and powers an engine that makes green power and puts it on the grid. The engine produces heat that can be used to heat Quaker Muller and Alpina, helping them cut their heating bill."

The cost of the plant is $15 million and CH4 has already secured a $2 million Cleaner and Greener grant from NYSERDA to help fund the project, but is looking to the state for more help.

Toretta said state officials recommended the company present its proposal to the town planning board because the state wouldn't get behind the idea unless it has community support. The state backing would help the company secure bank loans to completely finance the project.

"We're in a holding pattern while looking for help with funding," Toretta said when asked about the timetable for the project.

Once funding is in place, the plant would take nine months to build. The design is already completed because it's the same design used by the company for plants in Wyoming County and Ohio (for Campbell's Soup).

"We only build one plant," Toretta said. "It's the same plant over and over again."

CH4 would use local contractors to build and maintain the plant, which would eventually employ eight people full time, Toretta said.

"When you put that much concrete and steel in the ground there will be a number of people employed," Toretta said.

The plant would be expected to last at least 30 years.

"The project is upfront capital intensive," said Toretta, who is originally from Potsdam. "It takes 15 years to return the money invested to do this. It's a slow, steady project. You borrow money and it takes 15 years to make any return."

CH4 already processes whey and other waste from the Alpina and Quaker Muller (no whey comes out of the Muller plant) in Wyoming County.

A plant in the ag park would reduce transportation cost and the impact on the environment to truck it more than 20 miles away.

The plant would also help the Genesee County Economic Development Center attract more food processors to the ag park, Toretta said.

Chris Suozzi, GCEDC's VP for business development, agreed.

"It would complement what we're already doing," Suozzi said. "It would definately help with the marketing when you have a green ag park. What better way to market the park and bring in more companies?"

The plant would be set up so it could take any sort of organic food waste, including waste from products that were already packaged but were found to be defective in some way so couldn't be shipped to customers. Toretta said the plant could separate the food waste from the packaging and then recycle the plastic or metal containers.

The plant would produce very little waste itself, but what it did produce would go into the local sewer system, but with much less biological chemicals and suspended salts than could otherwise go into the waste stream.

The plant would also produce little in the way of odor, which is important to Alpina and Quaker Muller because the plant would be upwind from those facilities.

"If there was any type of odor, as you can imagine, Campbell Soup would not allow us to operate our plant there," Toretta said.

Law and Order: Ellicott Street resident accused of assault

By Howard B. Owens

Maleak H. Green, 21, of Ellicott Street, Batavia, is charged with criminal contempt, 2nd, assault, 3rd, and endangering the welfare of a child. Green was allegedly involved in a physical altercation with a woman while in the presence of a child. Green was allegedly ordered to stay away from the residence. He was jailed on $5,000 cash bail, $10,000 bond.

Marcus Allen Ciociola, 18, of West Main Street, Corfu, is charged with criminal contempt, 2nd. Ciociola is accused of violating an order of protection.

Lisa M. Vega, 45, of East Main Street, Batavia, is charged with petit larceny. Vega allegedly stole items from Dollar General.

Voters pass Richmond Memorial Library budget

By Howard B. Owens

Voters today approved the Richmond Memorial Library budget by a vote of 238 to 42.

Norm Argulsky was elected to the Library Board of Trustees with 265 votes.

State Senate passes Byron-Bergen students' yogurt bill

By Howard B. Owens

Press release:

The New York State Senate has passed legislation, sponsored by State Senator Michael H. Ranzenhofer, to name yogurt as the official snack for the State of New York. The bill, S.6695, passed by a 52 to 8 vote.   

“Yogurt is not only a delicious, healthy treat; it is also an economic driver for many communities in New York, with yogurt manufacturers located all across the State – from Western New York to Long Island. That is why yogurt is such a suitable choice to be New York’s State snack,” Ranzenhofer said. “I am pleased that the State Senate has approved this bill, and I encourage the State Assembly to pass it.” 

A Byron-Bergen fourth-grade class, while studying the history and government of New York State, wrote to Senator Ranzenhofer to suggest the idea for the bill.

“The idea for this legislation started in a Genesee County classroom, not at the State Capitol. A lot of credit goes to Craig Schroth and his fourth-grade class at Byron-Bergen Central School District for all of their hard work, research and study that went into proposing this bill,” Ranzenhofer said. “Today’s vote to designate yogurt as the State snack is an example of democracy in action.”

New York is the number one processor of yogurt in the United States. Increasing demand for milk, the primary component in yogurt, has helped to support and grow the State’s dairy industry. New York is now fifth in the nation in milk production, producing over 13 billion pounds in 2012, in part fueled by the demand from yogurt processors.

Assemblyman William Magee has introduced the bill in the New York State Assembly. Assemblyman Stephen Hawley is a co-sponsor of the legislation. The bill has been sent to the State Assembly.  

New York State has many other official state symbols, including a beverage, milk; a muffin, apple muffin; a fruit, apple; a tree, sugar maple; a flower, rose; a shell, bay scallop; a fish, brook trout; a bird, bluebird; an animal, beaver; a gem, wine-red garnet; and an insect, ladybug.

UPDATE: The New York TimesAnimated Debate in New York State Capital? It’s About Yogurt

One senator, Liz Krueger, a Manhattan Democrat, suggested the designation might be inconsiderate to people who are lactose intolerant. Another, Gustavo Rivera, a Bronx Democrat, wondered if yogurt could count as a snack if it were consumed at breakfast time.

Man accused of dragging deputy with car pleads not guilty during first appearance in County Court

By Howard B. Owens
Scott Kopper

Scott A. Kopper, 36, of Batavia, entered a not guilty plea today on a four-count indictment that includes an accusation that he assaulted a Sheriff's deputy.

Kopper remains in custody and his next scheduled court appearance is July 8.

Judge Robert C. Noonan also signed three orders of protection, including one for Deputy Brian Thompson, the deputy Kopper is accused of dragging with his car Jan. 7.

Thompson is currently assigned to courthouse duty and Noonan noted that one of the orders involved Thompson and said the only way the order could be fair is if it allowed incidental contact between Thompson and Kopper while Thompson is on duty, barring any offensive conduct by Kopper.

Kopper is facing counts of assault, 1st, reckless endangerment, and two counts of assault, 2nd.

Previously: Truck drivers assist deputy being dragged by suspect's car

Public asked to assist in locating missing Washington Avenue resident

By Howard B. Owens

Help is sought in locating missing person John Shaughnessy, 38, of Washington Avenue, Batavia. He was last seen wearing blue jeans, gray sweatshirt, black boots. He is 5' 9" 140 pounds, black hair with a mustache and brown eyes. John was riding his bike, a red and white beachcomber style with whitewall tires and a small plate on the back that says John with Las Vegas. His proxy Charity R. Horncastle said that John is disabled with a severe social impairment and mild cognitive impairment. She said he will unknowingly put himself in danger. John has no food or clothing for inclement weather on his person nor a place to stay at night. She can be reached at (585) 813-5975 or call \Batavia PD at (585) 345-6350.

UPDATE: Shaughnessy has reportedly shaved off his mustache.  He was last seen yesterday at Tops wearing army fatigues.

UPDATE: Mr. Shaughnessy has been located and is safe.

Suspect in armed robberies has burglary charge added to his indictment

By Howard B. Owens
Mark Maltese

A former Dellinger Avenue resident arrested in November following a string of robberies in Batavia and Oakfield as well as an alleged botched burglary of a local Rent-A-Center was arraigned on a new burglary charge this morning.

Mark J. Maltese, 42, was arraigned in front of Judge Robert C. Noonan in County Court on the seven-count sealed Grand Jury indictment.

The indictment was sealed because it contained the new burglary charge.

Maltese was already charged with three counts of robbery, 2nd, burglary, 3rd, and criminal mischief, 2nd.

He's now being accused of second-degree burglary and grand larceny, 3rd, for allegedly breaking into a residence on Hutchins Street on March 26, 2013, and stealing a safe with cash and jewelry worth more than $3,000.

Maltese is accused of committing armed robbery Nov. 21 at the Best Western in Batavia, Nov. 22 at the 7-Eleven in Oakfield and Nov. 24 at the Days Inn in Oakfield.

He was arrested Nov. 27 after he and an alleged cohort broke into the Rent-A-Center in Batavia and allegedly stole a big screen TV. They were tracked to a residence on Colonial Boulevard.

Previously:

Organizers planning on 175th annual county fair being the biggest and best in a long, long time

By Howard B. Owens

The Genesee County Fairgrounds are empty this morning, but come July 15, fair organizers say they expect to see more people than ever walking the midway and sitting in the grandstands.

At least members of the Genesee County Agriculture Society are working harder than ever to create more reasons for people to come to the fair. There will be more attractions, more vendors, more rides and more entertainment.

"There will be something to do every day," said ag society President Norm Primm. "Before, the first part of the week was just ag shows, but we're planning on having big events throughout the week this year."

For the first time in years, the raceway will host a monster truck show. The Fair Queen Contest is also being expanded. There are now four age groups for contestants, 8-10, 11-13, 14-16 and 17-19.

The children's rides will be open for a total 39 hours, compared to 20 to 24 hours in the past, with a special kids' day for groups or families with discounted ride tickets.

A new kids' zone is being created with a corn-filled sandbox, a mural for kids to paint and even a horse to paint.

The tractor pull is being expanded.

There are a number of new vendors setting up in the vendor hall, including Alpina and Quaker Muller.

All of the towns and villages have been invited to set up displays.

It's the 175th anniversary of the fair, so organizers are hoping for the biggest fair parade yet, though because of DOT regulations, the parade will be confined to the fairgrounds instead of starting on Route 5.

"The fair is the center the county," Primm said. "Genesee County is an agricultural county and what's better than having an agricultural fair in our own county. That's why we want to see people come out and enjoy the fair. I really think we can get back to having great attendance and putting on a great fair where poeple will want to come throughout the week."

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