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Vehicle rolls over into water off East Morganville Road, Stafford

By Howard B. Owens

A truck has left the roadway and rolled over into a body of water off East Morganville Road, Stafford.

Stafford Fire Department and Mercy EMS are responding.

The driver reportedly has minor injuries but is trapped in the vehicle.

UPDATE: One person transported by ground ambulance to UMMC. Reader submitted photo above.

UPDATE 7:03 p.m.: Stafford back in service.

Photos: Town of Batavia ladder truck used for water rescue training at Indian Falls

By Howard B. Owens

The Town of Batavia Fire Department's new ladder truck was used in a unique way this morning -- to practice a water rescue at Indian Falls.

Many times over the years people have fallen at the falls and rope teams have been brought in for a precarious rescue that involves climbing down steep cliffs and/or crossing rapid waters. 

Today, the rescue team trained with the ladder extended over the falls and being lowered down to the water for a practice rescue.

Also participating were Pembroke and Indian Falls.

Photos courtesy Town of Batavia Fire Department.

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Letter: Douglas family thanks community for saving their house from DOT wrecking ball

By Howard B. Owens

Letter:

The unbelievable has happened! The Roundabout for East Rd. and Rt. 20 in Bethany is officially cancelled. The DOT has withdrawn the plans for the roundabout and went with what the public wanted, a more practical, fiscally responsible and incremental approach.

Debbie and I wish to whole heartedly thank all of our family, friends, neighbors, strangers, officials and the media who supported us during the past 5 years as we opposed this project and fought to save our home.

Thanks to the almost 10 thousand people who signed our petitions or the facebook page to support our effort.

Thank you to Senator Michael Ranzenhofer & Assemblyman Steve Hawley, who with NYS DOT representatives Eric Thompson and Kevin Bush crafted a compromise to benefit the public. I think Washington could learn a lesson here.

Thank you to Genesee County Legislators and all of the other County officials who, with the Town of Bethany Supervisor and Town Board members would not let our fight die and kept the pressure on.

We wish to extend a special thank you to Jamie McClurg for creating “Save the Douglas House” Facebook page.

Again, a thousand thank yous to all for your help in saving our 200 yr old home while still improving the safety of the intersection. We are so grateful for all the support we have received.

Sincerely
Tom and Debbie Douglas
 

Amerk's mascot Moose makes guest appearance at St. Joe's Halloween party

By Howard B. Owens

The Rochester Amerks mascot "Moose" paid a visit to St. Joe's for the school's Halloween party Friday night as a special guest of Matthew Neal, 10.

Matthew won the visit when he went with his father, Herb, to an Amerks game on "Halloween Night." Dressed as Willy from the TV show Duck Dynasty, Matthew won that night's costume contest as decided by the fans.

Originally, the prize was for Moose to go trick-or-treating Halloween night with the contest winner, but because of weather concerns prior to Halloween night, the Amerks scheduled Moose for the party at St. Joe's.

Photo by Alecia Kaus. Information provided by Herb Neal.

Man reportedly forces way into home on Meadville Road, goes into the bathroom, and leaves

By Howard B. Owens

A person wearing tan pants with bushy hair reportedly forced his way into a residence on Meadville Road, Alabama, went into the bathroom and then left.

He apparently didn't steal anything or harm anybody.

The resident reports the man came to the door and after opening the door, words were exchanged and the man barged in.

The man was last seen heading north on Meadville Road.

A deputy is responding.

Ranzenhofer says 3K people have signed petition against public assistance cards being used for beer, smokes

By Howard B. Owens

Press release:

State Senator Michael H. Ranzenhofer has announced today that his new petition drive, encouraging the State Assembly to pass the Public Assistance Integrity Act, has garnered more than 3,300 signatures since launching the campaign one week ago.

“Thousands of Western New York residents have added their voice to mine in calling on the State Assembly to pass a bill that protects our tax dollars,” Ranzenhofer said. “We are sending a powerful message to the State Assembly: a fraud prevention measure is needed to prohibit welfare benefits from being spent on alcohol, cigarettes and other non-essential items.”

Senator Ranzenhofer launched the online petition on Oct. 25. 

“I hope that residents will consider adding their voice to the thousands who have already expressed their support for passing the Public Assistance Integrity Act. It is not too late to sign my online petition, and I encourage residents to join our campaign to protect taxpayer dollars,” Ranzenhofer said.

Residents can still sign the petition by visiting ranzenhofer.nysenate.gov.

The Public Assistance Integrity Act (S.966) would prohibit using EBT cards for tobacco products, alcoholic beverages, lottery tickets, and ATM cash withdrawals at liquor stores and casinos.  Senator Ranzenhofer is a co-sponsor of the legislation. The bill passed the State Senate on June 18. The State Assembly has not taken action on the bill.

EBT cards work like a debit card for public assistance recipients, containing both a Food Stamp and Cash Assistance component. Strict regulations already guide what can be purchased for Food Stamps. Cash assistance is intended to pay for items not covered by Food Stamps, such as soap, toothpaste, school supplies and toiletries. Currently, there are no restrictions on the use of Cash Assistance.

Federal aid received by New York may be at risk if the State Assembly does not pass the bill. The federal government has mandated that states implement a fraud prevention system by February 2014. If New York State does not act accordingly, the Federal government will penalize the State by cutting federal funding for Cash Assistance by 5 percent or $120 million.

One year later, move to Downtown Batavia has paid off big time for local business owner

By Howard B. Owens

The absolutely best thing Amy Worthington ever did for her business was move it to Downtown Batavia, she said.

In locating Amy's Fluffy Friends on Ellicott Street near the intersection of Liberty, she has given her business more visibility and the Business Improvement District has given her more avenues to promote her shop and get involved in the community.

"I participated in the Wine Walk, the Sidewalk Sale, the OktoberFest with the Rotary Club and I'll be part of Taste of the Holidays," Worthington said. "They've been reaching out to businesses to get more involved, and I'm all for that, to bring more feet to Batavia."

Worthington moved her dog grooming business from Corfu one year ago today because with her son starting school at Jackson, she wanted her business to be located closer to her family. Most of her clients were from Batavia and they told her, she said, that if she was in Batavia, they would make more appointments.

"And I wanted to be where I called home," she said. "This is where I grew up."

The move has been a stunning success.

A year ago, she hadn't even cracked 150 clients. Today, she has 375. That's an impressive 150-percent growth in business in just 12 months.

The success has allowed her to expand a bit. She's also started selling some retail items, such as collars and leashes.

Clients have requested more services, so now she does teeth cleaning, she said.

Worthington said she's blown away by how well the move worked out for her.

"I can't believe it," she said. "I love it."

Report of large leaf fire on Big Tree Road, Pavilion

By Howard B. Owens

A caller reports a "big leaf fire" at 4226 Big Tree Road, Pavilion.

Pavilion Fire Department is responding.

A chief is on scene. A Time Warner employee called it in and was unable to put out the fire himself with an extinguisher. It's unknown how the fire started. Nobody is home at the residence.

Sheriff's communications to dispatch all State Police calls in Genesee County

By Howard B. Owens

Press release:

Effective November 1, the Genesee County Emergency Dispatch Center, under the administration of the Genesee County Sheriff, will begin dispatching Troopers for the New York State Police Batavia Barracks. Currently, the State Police dispatches Troopers from the State Police Troop Headquarters on West Saile Drive but effective November 1, all police calls for service will be transferred to the Genesee County Emergency Dispatch Center (9-1-1 Center) for dispatch. Currently, all cellular 9-1-1 calls within Genesee County are received by the Genesee County Emergency Dispatch Center. Staff at the State Police Barracks for non-emergency business may still be contacted by calling (585) 343-2200.

The Genesee County Emergency Dispatch Center (9-1-1 Center) currently dispatches the Batavia Police, Le Roy Police, Genesee County Sheriff’s patrols and all fire and ambulance services within the County. The 9-1-1 Center maintains a staff of approximately 16 full-time and five part-time civilian dispatchers and each shift is staffed with three to four dispatchers. The Genesee County Emergency Dispatch Center is an accredited 9-1-1 Center by the New York State Sheriffs’ Association Accreditation Program and meets all the New York State adopted standards for emergency dispatching.

“Our dispatchers have the highest level of training available and our Center is in compliance with the most stringent requirements for emergency dispatch set forth by New York State,” said Sheriff Gary T. Maha.

Sheriff Maha said, “The partnership with the State Police comes at a time when governments are being asked to cut expenses and share services. It just makes sense to combine dispatching into one central location where future equipment and resources can be dedicated to a single site.

A full upgrade in radios and towers for Genesee County Emergency Dispatch Center to Dispatch State Police communication is currently under way to comply with federal mandates for narrow banding. The $10.8 million project, contracted to Harris, will narrow the current bandwidth for police communications to free up additional spectrum for first responders and private industry. The project also updates the current 9-1-1 Center to receive Next Generation 9-1-1 calls. The project has a target date of February 2014 for partial completion and June 2014 for full completion.

State Police Captain Craig Hanesworth said, “I believe that this consolidation of dispatch services provides the citizens of Genesee County with the best in police service and response times while also providing for an increase in the safety of our officers. In addition, this consolidation allows us to reassign Troopers to road patrol functions that would have otherwise been delegated to dispatch and clerical administrative functions. This move should help increase police coverage and response times in the County."

For any police, fire or EMS emergency, citizens should call 9-1-1. Non-emergency police-related calls should be made as follows:

Batavia City Police, 345-6350
Le Roy Village Police, 768-2527
Sheriff/State Police, 343-5000

 

Wind starting to bring down trees, power lines

By Howard B. Owens

NOTE: We started this post this morning and have been updating. For the remainder of the wind storm, we will anchor it at the top of the home page and keep adding to it. Other news that might come in the rest of the day will appear below this post.

Trees and power lines have come down at some spots in Genesee County this morning due to high winds.

Traffic is being shut down at Route 77 and Bloomingdale Road, Alabama, because of power lines down in the area of 1031 Ledge Road.

National Grid reports power outages East Oakfield, Elba, Batavia and Indian Falls. The largest outage is East Oakfield, over an area stretching well into Orleans County and effecting 135 customers. The ETA for power restoration is 10:45 a.m.

We are in the midst of a high wind warning by the National Weather Service with winds of 30 to 40 mph and gusts up to 60 mph predicted until 5 p.m.

UPDATE 9:06 a.m.: The lines down on Ledge were Verizon lines, not power. The Alabama fire crew has been able to get the poles moved and the lines out of the road. The roadway is being reopened and Alabama is back in service.

UPDATE(S) 10:11 a.m. (by Billie): Tree reported down across both lanes of Redfield Parkway.

UPDATE 11:44 a.m.: There is a electrical line(s) down near 21 Redfield Parkway. City fire just arrived on scene and National Grid is contacted. One line is cable line.

UPDATE 10:53 p.m.: A firefighter confirmed it is a cable line down.

UPDATE 11:17 a.m.: A power line is tangled up in a tree branch and hanging over the roadway on Ellicott Street, the area between the railroad underpass. National Grid is notified and law enforcement is on scene. Redfield Parkway is reopened.

UPDATE 11:26 a.m.: A cable line is down at 6 Lehigh Ave.

UPDATE 11:42 a.m.: An unknown type wire is down at Warboys and Merrill roads, Byron. An awning fell on a house at 13 Wood St. in the city. A tree branch fell on a car on Meadville Road, Alabama -- no injuries but there's broken glass.

UPDATE: Here's photos from the downed tree earlier on Redfield Parkway.

UPDATE12:02 p.m.: Wires are hanging off a house and into the roadway at 2631 School St. in East Pembroke. The location is between East Avenue and Reed Road.

UPDATE 12:05 p.m.: Fire police are called in East Pembroke to close traffic at East Avenue and Route 5 and at School Street and Reed Road. There's also a tree in the road. National Grid has been notified.

UPDATE 12:13 p.m.: There's "a big mess" of tree branches in the roadway at Stegman and Slusher roads in East Pembroke. There's a tree down and an injured animal reported at 6827 Knowlesville Road in Alabama.

UPDATE 12:21 p.m.: The injured animal on Knowlesville Road has been extricated and the Alabama assignment is back in service. At the Wood Street incident, power lines are also down.

UPDATE 12:54 p.m.: A live power line fell on the lawn at 10840 Warner Road in Darien. At 2700 Attica Road in Alexander, a large willow tree branch is hanging over the roadway. A tree fell onto a house at 36 Redfield Parkway in the city.

UPDATE 1 p.m.: A big tree is reportedly down in the roadway on Meadville Road, north of Owen Road, on the Tonawanda Indian Reservation.

UPDATE 1:37 p.m.: Two more pictures from Redfield Parkway. City crews have actually had to handle today five downed trees or large branches on Redfield today. They've been making quick work of them.

UPDATE 1:41 p.m.: There is a power outage on the Tonawanda Indian Reservatation affecting 201 customers. In East Bethany, 252 customers are without power, and in Bergen, 56. In East Bethany and Bergen, power should be restored by 3 p.m. Crews are assessing the situation in Basom.

UPDATE 2 p.m.: A tree has reportedly fallen on a house at 50 Ellicott Ave. in the city. Wires may also have fallen.

UPDATE 2:11 p.m.: Lear Road in the Town of Batavia is completely blocked due to downed trees and power lines. DPW is on scene. Also, Le Roy police received a complaint that someone has on open burn going at 84 Myrtle St. Le Roy PD is on scene.

Corfu trustee responds to conviction of former court clerk on theft of village funds

By Howard B. Owens

Trustee Ken Lauer sent The Batavian the following statement following an e-mail conversation about the guilty plea yesterday of Brandi Watts, the former court clerk in Corfu who falisfied court documents to help her steal more than $10,000 from the village. Lauer was reacting to statements by Special Prosecutor Donald O'Geen about the conviction marking a new day, a day to move forward, in Corfu.

I'm a pretty pessimistic guy and I don't really agree with this as a close of a period nor the moving on statement. We have already been moving on and as a community we stood up to the bullies and their abuse of public funds, property and personnel. Justice is always slower. The issue of Peterson is still not done. The wasting of close to $50K in public funds just by the village for legal services related to Alexander, Watts and Peterson is far from covered by the $10K she paid (Note: The Comptroller office did not audit her entire term as court clerk. They only did November 2009 through February 2011. I'm sure a larger audit and call to the public would uncover more but I doubt that the cost could be justified). The amount that this circus has cost the taxpayers of Genesee County and NYS in audits, law enforcement and legal costs I'm sure exceeds what the village paid. And that doesn't account for the lost time that could have been spent on other matters NOR the level of distrust that this case has put on the NYS Judicial office and our 'little speed trap' here in Corfu. 

For 22 plus years Alexander ruled Pembroke like a judge Roy Bean. He certainly tried to be on the 2012 ballot for the Corfu Justice post despite the investigation. It was only the unified efforts of citizens in Corfu that kept him off the ballot as he tried for both the Dem. and Rep. endorsement. Not Albany or the NYS Judicial system. However, to put all the blame on the former judge is not entirely fair. Corfu is not an isolated incident of abuse. Instead it is a perfect example of a problem that often occurs in NYS with courts and fines because there are gaps and "special keys"  in the system that can tempt even the most honest of civic officials. We as individuals need to pressure Albany to fix this. We need to trust that our money is being properly appropriated by government officials.

As a community, we still have work to do cleaning up the issues Alexander, Watts and Peterson have created for the village and it is not going to happen overnight. Restoring a trust lost is a very hard thing to do and it will take time. Two of the three are now out of power positions. The third is still an issue that has not been forgotten. Thankfully citizens of Corfu and Pembroke have been coming to meetings now and are more involved than ever in the operation of the local government. Involvement is the only way to understand what is going on and it promotes official integrity. 

Personally I'm thankful that certain individuals in the NYS Troopers and State Comptrollers office took this matter seriously and investigated. I also appreciate the efforts of Donald O'Geen and Mark Boylan. The efforts of The Batavian and YNN to report the story with integrity have also helped the community deal with a difficult situation and get some restitution…thank you! I'd also express a deep appreciation to the village clerks (Sandy, Denise and Pam) for all they did and put up with during the last couple of years. Their professionalism outlasted all the plots, traps, public/private humiliations and schemes intended to remove them from positions they excel at.

Law and Order: Two men accused of causing a late night disturbance at McDonald's

By Howard B. Owens

Sean A. Kota, 20, of 7118 Byron Holley Road, Byron, is charged with DWI, refusal to take breath test, and criminal possession of marijuana, 5th. Kota was arrested following a police response to a report at McDonald's of two males in a vehicle in the drive-thru causing a disturbance at 2:30 a.m., Wednesday. Kota was allegedly found in possession of more than 25 grams of marijuana. Kota was jailed on $2,500 bail.

Michael Vincent Pontillo, 20, of 37 Bogue Ave., Batavia, is charged with assault, 2nd, with intent to cause physical injury to a police officer, obstructing governmental administration, 2nd, and resisting arrest. Pontillo was arrested as part of the same alleged incident involving Kota above.

Lance David Compton, 21, of East Main Street, Attica, is charged with unlawful dealing with a child, 1st. Compton is accused of providing alcohol to two people under age 21. Compton was arrested following a traffic stop at 9:09 p.m. Thursday on Lake Road, Bergen, by Deputy Joseph Corona. Cited for alleged possession/consumption of alcohol under age 21 were Christopher Stuart Nevinger, 20, of Eaton Road, Perry, and Cody Kleitz, 18, Espial Drive, Binghamtom.

Reinaldo Roman, 41, of 140 Jackson St., Batavia, is charged with criminal contempt, 1st. Roman is accused of violating a stay away order of protection by being at the residence of the protected party. Roman reportedly has a prior conviction on the same order for criminal contempt, 2nd.

Kasean L. Shannon, 21, of 115 State St., Batavia, is charged with unlawful possession of marijuana and criminal contempt, 1st. Shannon is accused of violating a stay away order of protection and possessing marijuana at the time of his arrest by Batavia PD.

Banjamin G. Evans IV, 25, no current address, Rochester, was arrested on a bench warrant out of City Court. Evans is accused of failure to appear on a criminal possession of a controlled substance charge. Evans was located by Rochester PD and taken into custody. He was jailed on $2,500 bail.

Two-car minor injury accident reported at Byron and Cockram roads, Byron

By Howard B. Owens

A two-car accident is reported at Byron and Cockram roads, Byron, with minor injuries.

The cars are blocking the roadway.

Byron and South Byron fire departments responding.

UPDATE 6:50 a.m.: Chief on scene says responders can come in non-emergency.

UPDATE 6:54 a.m.: Byron's ambulance will be transporting one patient.

UPDATE 7:14 a.m.: Byron and South Byron going back in service. Road reopening.

Photos: A full night of treats in Batavia

By Howard B. Owens

After a brief bit of rain, it turned out to be a beautiful evening for trick-or-treating in Batavia. Of course, the biggest crowds of ghouls and goblins and superheros and princesses could be found on Ellicott Avenue, but there are a couple of shots here from Trumbull Parkway, Otis Street and Osterhout.

To purchase prints of photos, click here.

Albion man charged with grand larceny following reports of thefts at Walmart and Home Depot

By Howard B. Owens

A report of a theft from Walmart led to a more in-depth investigation by the Sheriff's Office today and ultimately a grand theft charge against a 49-year-old Albion resident.

Jerry Dean Walls, of East Street, Ablion, is charged with grand theft, 4th, falsifying business records and petit larceny.

Following the report of the initial theft, Deputy Brian Thompson uncovered an apparent additional theft from Walmart and a theft from Home Depot.

The investigation also found that business records at a local pawn shop were falsified.

Walls is accused of committing these crimes. He was arraigned in Town of Batavia Court and jailed on $2,000 bail.

Assisting in the investigation were Deputy Brad Mazur, Sgt. John Szumigala and loss prevention at Walmart and Home Depot.

Photo: Will the real Greg Post please stand up?

By Howard B. Owens

Batavia City Manager Jason Molino started his day dressed for Halloween as Town Supervisor Greg Post. They're pictured with Hiedi Librock. (submitted photo)

Prosecutor: Guilty plea by former clerk should end 'period of unrest' in Corfu

By Howard B. Owens
Brandi Watts

The way special prosecutor Donald O'Geen sees it, today should mark a new beginning for the residents of Corfu.

Brandi Watts, the former court clerk at the center of a 20-month-long controversy over missing court funds that has spilled into village politics, issued a check to the village today for $10,128.

She also entered a guilty plea in County Court to one count of tampering with government records, a Class D felony.

If Watts obeys court orders and stays out of trouble for the next 12 months, she can avoid any jail time. She would also be given a chance at a conditional discharge of all 61 counts against her. If she violates her interim probation, she could be facing up to seven years in prison.

The full payment of restitution was "absolutely non-negotiable," O'Geen said. "That was a big component of the plea arrangement."

The guilty plea and restitution puts the cap on a case that O'Geen said dragged on too long because the slow pace of the state's Judicial Conduct Commission.

The commission was called upon more than 18 months ago to review the case of missing funds in the village court following a comptroller's audit that found books had been cooked and money had disappeared.

Watts was the clerk at the time and her father, Robert Alexander, was the village justice.

O'Geen has heard, but hasn't seen (nor is it listed on the commission's Web site) that the commission finally issued a report on its finding within the past few days.

The slow pace of the commission delayed the investigation by O'Geen and state police, which delayed prosecution of Watts.

O'Geen, who is the district attorney in Wyoming County, was appointed special prosecutor because local prosecutors have handled cases -- and were handling cases at the time the investigation started -- in Alexander's courtrooms (he was also a justice in the Town of Pembroke). He did not seek reelection in Corfu last year.

Alexander, who is charged with two counts of coercion and one count of official miscondut, did not appear in court today. He's scheduled to appear Nov. 18. He did officially resign today from the Town of Pembroke justice position, after previously having his cases reassigned and being suspended by the state.

"To me, here's the guy who kind of ran the show, so to be forced out (of office) before he wanted to be is a big deal from a public perception standpoint," O'Geen said. 

Asked if the $10,128 in restitution covers the full amount of money Watts stole, O'Geen indicted it's as close as the government will ever get to the correct amount, if the actual amount stolen is different at all.

"There are records that indicate there could be more money missing, or there could be documents filed just to make it look like there was money collected but there is no money taken," O'Geen said. "The amount we settled on was what the comptroller came up with because that's what we knew we could prove. To be honest, we don't think there's much more missing."

After the comptroller's report about the missing funds was released in January 2012 and what followed was endless turmoil in the village, with then-trustee Ralph Peterson seemingly running interference with the board of trustees on behalf of his friend Robert Alexander.

After a new court clerk was appointed, Alexander asked her to audit the court's books, and when the clerk, Pam Yasses, said she found the same irregularities, Alexander allegedly harassed her (which is at least part of the reason he faces the criminal charges he does).

Peterson was elected mayor and throughout the first half of 2013, he's been accused by his fellow trustees of an endless string of problems for village employees, other trustees and former trustees.

The situation in Corfu has taken on a reputation throughout Genesee County as a soap opera. Readers have recently contacted The Batavian wanting to know when the next installment is going to run.

Two months ago, Peterson took medical leave, reportedly because of stress. He's scheduled to return to his mayoral duties Jan. 2, and since then, there've been no new controversies coming out of Corfu.

O'Geen said there's no reason now for the issue of missing court funds to hang over the village and interfere with village business.

"I think what this does for the people in the Village of Corfu is it puts behind them a period of unrest in the sense this whole thing, as of today, is over," O'Geen said. "This is the first day of the people of Corfu getting their village back and getting back to normal. It's the first day employees do not have to worry about retribution and can move on and get back to doing what they do best, which is provide services for the people of the Village of Corfu.

"If anything, this is kind of a lesson in civics, that people should be more involved, more aware of what's going on, that every vote counts, all of those cliches," O'Geen added. "I wish the Village of Corfu all the best and hope they move forward."

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