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Photos: A gorgeous day in Genesee County

By Howard B. Owens

It was a beautiful day. I didn't have much time to just drive around and take pictures, but as long as I was out and about, I did grab a few.

Above, a barn at Gillette and Ivison roads, Byron.

Below, three sunflower pictures from the Oderkirk Farm on Route 33, Stafford.

Photos: Oakfield's new water tower rising 165 feet into the sky

By Howard B. Owens

Construction is well under way for the new $1.65-million water tower in Oakfield and if all goes to plan, it could be in use by this fall.

Every day there are from five to seven welders on the job constructing the 165-foot, 10-inch tower. The sections are pre-fab and then welded together on site. It took one day to raise the center column, two weeks to build the bottom half of the tank top.

The tower now acts as it's own crane to haul workers and material to the top.

Workers will begin installing the next sections of the top of the tower on Monday.

Clark Patterson Lee out of Rochester handled the design and engineering. Caldwell Industrial out of Louisville, Ky., is the construction contractor.

The pedisphere-design tank will hold 500,000 gallons of water once completed.

Village of Corfu office staff accuse mayor of creating a hostile work environment

By Howard B. Owens

The two members of the Village of Corfu office staff have formally filed letters of complaint with the trustees accusing Mayor Ralph Peterson of creating a hostile work environment.

In her letter, Assistant Clerk/Treasurer Denise Beal said she believes Peterson's treatment of her is meant to demean her as a woman and is therefore a violation of Title VII of the Civil Rights Act of 1964.

Both Beal and Clerk/Treasurer Sandra Thomas said they do not want to take further legal action but may be left with no choice if the trustees are unable to stop Peterson's alleged harassment.

The trustees received the letters Monday and voted to forward the complaints to Village Attorney Mark Boylan for his advice on how to handle the complaints.

Beal's letter indicates that it's mostly a feeling she gets from Peterson that he tries to harass and intimidate her because she is female. The one concrete example she gives of different treatment of her and Thomas is that Peterson allegedly demanded Beal and Thomas give him copies of office and file cabinet keys but has not made the same demand of the all-male maintenance staff.

Both Beal and Thomas said things kind of came to a head in the past week with Peterson's alleged insistence that his criticism of the office staff be included in the village newsletter.

"His subjective comments he wrote in the village newsletter are embarrassing," Beal wrote. "I have been employed by the Village of Corfu for over 5 years. Never have I felt so degraded and harassed by a male. I have always taken great pride in my work and have performed my duties with great confidence, the highest levels of professionalism, efficiency and accountability. I have always enjoyed my job, but the hostile work environment that has been created by Mr. Peterson is making it difficult to be at work."

Peterson has not yet responded to a request for comment sent via text message.

Both Thomas and Beal said they believe at least some of the motivation for Peterson's conduct is the fact that they are potential witnesses in the criminal case against Brandi Watts, the former village court clerk accused of stealing more than $10,000 in court funds.

Special Prosecutor Donald O'Geen has warned Peterson and the trustees that there should be no interference with the investigation.

As part of their complaints, Thomas and Beal cite Peterson's alleged attempt to fire them, his request for passwords and keys, his moving a desk and chair for himself into Beal's office, and constant assertions of authority and intimidation when he's in the office.

"I could go into many detailed examples of Ralph Peterson's barrage of threats, innuendos, accusations, falsehoods and harassment," Thomas wrote. "Some are a matter of public record, and many have been made behind closed doors and in emails. He has now made public his contempt and made insinuations of incompetence of the office staff in the Village Newsletter to Village residents. This is unacceptable."

Thomas concludes, "Although Mayor Peterson is smugly confident that he is untouchable and (can) do and say absolutely anything he wants, I am filing this complaint imploring the Board to put a stop to this deplorable situation and prevent any further harassment and retaliation."

Oakfield changes mayors, plans on growth in wake of STAMP

By Howard B. Owens

There's a change in leadership in the Village of Oakfield.

At a special meeting Monday, Richard Pastecki resigned as mayor and Trustee Jeremy Yasses was appointed mayor.

Pastecki resigned to become the new zoning enforcement officer.

In his new position, Pastecki will be able to use his experience as mayor and knowledge of village plans to help the village move forward, Yasses said.

"Our village is doing great," Yasses said. "(For example, there's) construction of the new water tower and Rick Pastecki was instrumental in the whole process. We have many new projects that will be enhancing our village and we will be gearing up for spin-off developments from STAMP. With Rick as the new zoning enforcement officer, he will help those come to fruition."

Batavia wins junior league championship

By Howard B. Owens

Photo and story submitted by Roy Watson.

It was a year ago almost to the day that the same team met on the same mound for the championship game. Last year had a different ending. The Batavia Yankees came up short, losing in the 8th inning by one run.

Monday, was sweet revenge for Coach Roy Watson Jr. and Cornelius Cook. Yankees were up 4-0 in the top of the first inning. Oakfield came back and began to pound the ball. 

Trevor Sherwood was the starting pitcher, but soon after that coach had to pull him and enter Peter Maddafri. It was 8-4 in the bottom of the 2nd inning. 

The Yankees were fielding with a man on second and a walk to first. With a wild pitch, the runner was heading home. Catcher Evan Bender threw out the runner. That made it one out. Next play, Oakfield’s player is caught in a hot box between 2nd and 3rd base and the Yanks' got him out; third out came with the next batter striking out. This is what the Yankees' needed. There was no stopping their momentum. 

Coach Watson entered pitcher Tyler Prospero during the sixth inning. He had five strikeouts, with no man left on base. Tyler shut out Oakfield completely with his lethal curve ball and his 75-mph fast ball.

Tyler Prospero went 2-2 with game changing double and two walks, Dwayne Fonda 1-3, Peter Maddafri went 2-4, with two RBIs, Jarret Lasik 3-4, with two RBIs, Trevor Sherwood 3-4 with game-tying double and two RBIs, Peter Diversa went 1-3, with two RBIs and with a single to put the Yankees ahead in the 8th inning. Evan Bender went 1-4, Sam Marble went 2-4, Peter Kozol 1-3, Phil Kozil 1 RBI, Tony Diversa 0-1, with a walk.

The final score was Yankees 9, Oakfield Alabama 8. It was sweet revenge for the team that came up short a year ago.

AL beats NL in Batavia Major League all star game

By Howard B. Owens

Photo and information submitted by Durin Rogers. (Credit, Rogers said, goes to Christine Cecere-Wormley)

The American League All Stars of the Batavia Major League Baseball League beat the nationals in the league's annual season-ending all-star game, 12-8.

Pictured are, front row, Quinton Betances, Bryn Wormley, Vincent Grazioplene, Luke Rogers, Matt Neal, and back row, Manager Dan Utter, Kyle Kendall, Logan vonKramer, Jason Dykstra, Jesse Reinhart, Alex Totten, Dominik Taylor, Brandon Bartz, Coach Dan Utter Sr.

After the jump a submitted game story (click on the headline to read more):

Five (5) doubles in the fifth inning led to American Division Victory over the National League 12 to 8 in the 2013 Majors Division All-star Game.

The Batavia Major League Baseball League has hosted its season-ending All-star Game for almost 40 years. Each year 12 players from various teams are selected to represent  the American and National Division and battle it out for seven innings under the lights at the Paul E. Sputore Field in Batavia, New York. The 2013 All-Star Game was no exception with incredible offensive and defensive plays on both sides. In the end, the American League pulled off the victory 12 to 8 highlighted by strong bats and a string of doubles in the 5th inning.

On the coin toss, the American League, managed by Yankees Manager Dan Utter, pulled home field advantage with the National Division, managed by Phillies Manager Mike Anderson, batting first. American Leaguer Dominik Taylor (Yankees) got the start on the mound, striking out the first batter. Two consecutive walks would lead to eventual scores by Joey Gefell (Astros) and Vincent Dirisio (Phillies) for the  National League. Following an unassisted out by first baseman Brandon Bartz (Red Sox), catcher Jason Dykstra (Red Sox) threw the runner out at third base to end the inning.

Max Rapone (Braves) got the start on the mound for the National League and returned the favor by throwing out the first batter at first base, striking out the fourth batter, and a throw out at third-base by National catcher Gavin Schrader resulted in no score.

Taylor returned to the mound in the second inning, striking out three of the five batters he faced, but not before Cody Henry (Braves) scored for the National League making the score 3 to 0 at top of the second inning. Rapone likewise returned to the mound, striking out one before being relieved by Owen Mileham (Phillies) who threw out the runner at first and struck out a batter; but not before the American Division tied the game on scores by Bartz, Quinton Betances (Athletics) and Kyle Kendall (Rangers).

Luke Rogers (Red Sox) got the call to pitch in the top of the third inning for the American League. Following a walk, Rogers struck out the next batter for the first out of the inning. With two strikes and a runner on second, Rapone hit a deep fly ball to centerfield that was caught by then CF Logan vonKramer (Athletics). The catch started what would prove to be an amazing double-play when vonKramer relayed the ball to pitcher Rogers, who in turn made the throw to the plate where veteran catcher Bryn Wormley blocked the plate and made the tag for the third out. Gefell took the mound next for the National League in the bottom of the third, striking out two, but not before Vincent Grazioplene (Rangers) and Rogers scored for the American Division to take the lead 5 to 3.

Rogers returned to the mound in the top of the fourth for the American League, getting the first two outs and striking out the last, but not before the National Division took the lead 7 to 5 on two well-placed hits by Ryan Lang (Mets) and Dylan Warner (Astros), resulting in runs by both players, as well as Gavin Schrader (Mets) and Henry. Gefell continued strong pitching for the National League limiting the American Division to one run by Kendall on a solid hit by vonKramer to cut the lead by the National Division to 2.

Brandon Bartz (Red Sox) continued the American League pitching power in the top of the fifth inning, striking out three of the five batters he faced, allowing for the American League to show its true power at the plate and what would be a turning point in the game as the American League struck for five doubles in the fifth inning resulting in six runs. With one out, Rogers of the American League drove a Henry pitch deep down the right field line for a double. With two runners on, Bartz hit a towering shot to centerfield, bouncing off the fence and scoring two.  Dirisio relieved Henry to get the second out of the inning. Yet the American Division continued to pour it on with a Dykstra double up the middle to score Bartz, as did Kendall to left field and Jesse Reinhart (Rangers) to left center, all of which resulted in the batters scoring and the American League taking the lead 12 to 7.

Kendall then took control of the mound in the top of the 6th inning for the American League. The National League's first two batters, Dirisio and Schrader, each struck for singles resulting in Dirisio scoring. Kendall struck out the final three batters, stranding a National League runner on third base with the score 12 American, 8 National.

The American Division added to its cause with another hit by then lead-off batter Wormley, however a good play in the field and strong pitching from National League pitcher Schrader downed the remaining American League batters.

With the game on the line, Kendall returned to the mound, hitting the first National League batter and speedster, Mckenzie Riegle (Braves), putting a runner on base. Following a great play resulting in the inning's first out and advancement of the runner to scoring position, Kendall struck out the remaining two batters, ending the game to a crowd roar and American League win.

The National Division Team players were: Max Rapone, Cody Henry, Mckenzie Riegle, Dylan Warner, Joey Gefell, Sawyer Siverling, Gavin Schrader, Max Tenney, Jordan Welker, Owen Mileham, Vincent Dirisio and Ryan Lang.

Grand Jury Report: Man accused of marijuana and LSD possession

By Howard B. Owens

Matthew T. Milleville is indicted on counts of criminal possession of marijuana, 2nd, and criminal possession of a controlled substance, 7th. Milleville was allegedly found in possession of more than 16 ounces of marijuana and a quantity of LSD at a location on Main Road, Pembroke, on Dec. 12.

Brandin D. Scott is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Scott was allegedly driving drunk on Route 33 in Stafford on Feb. 22. He was allegedly convicted of DWI in 2003.

Law and Order: Warrant suspect allegedly flees from police, charged with resisting arrest

By Howard B. Owens

Nicholas J. Adkins, 22, of 111 Liberty St., Apt. A, Batavia, is charged with resisting arrest, reckless endangerment property, unlawful possession of marijuana and assault, 2nd, with intent to cause physical injury to an officer. Batavia PD reportedly attempted to assist in the arrest of Adkins on State Street at 6:25 p.m., Tuesday, on a NYS Parole warrant and Adkins allegedly fled on foot.

Carolyn Marie Peachay, 30, of Main Road, Stafford, was arrested on a City Drug Court warrant related to a prior DWI case. Peachay was jailed on $100,000 bail.

Jerome W. Brown, of 65, of Lockport, is charged with menacing, 2nd. Brown was arrested by State Police for an alleged incident reported at 10:56 a.m., July 3, in the Town of Pembroke. No further details were released.

(Name redacted upon request), 35, of Buffalo, is charged with DWI and driving with a BAC of .08 or higher. xxxx was stopped at 11:27 p.m. Tuesday on Colby Road, Darien, by State Police.

Burling Drugs in Corfu closes after 21 years as crony capitalism takes its toll

By Howard B. Owens

The way Dan Burling sees it, the cards are stacked against the small business owner these days, especially for independent drug store owners.

Reimbursements from big insurance companies for customers' prescriptions have shrunk dramatically in recent years, Burling said. In his view, big mail-order firms engage in anti-competitive practices designed to cripple local pharmacies. And the coming implementation of the Affordable Health Care Act is just going to make matters worse.

So the former State Assemblyman did the only thing he thought he could do: Close.

Yesterday was the last day of business for Burling Drugs in Corfu.

"When I came here 21 yeas ago, there was no pharmacy here," Burling said. "It was shut down. I opened the store up. I put a lot of my heart and my soul into it."

There's no way an independent shop can survive, he said, on what insurance companies are willing to pay these days.

"It looks to me like the insurance companies are ratcheting down their reimbursement to match what the large chains can pay," Burling said. "I have no quarrel with the large chains, Rite-Aid or anything, but our margins just weren’t enough to sustain our business."

To survive recently, Burling had to borrow money and that's something he is no longer willing to do.

"I wasn't taking much out of the business," Burling said. "I did everything I could possibly do to try and stay profitable, but the profits just weren't there."

Big mail-order houses also put the squeeze on independent pharmacies, he said.

As a member of the Legislature, Burling sponsored a bill that made it illegal to force patients to buy prescriptions by mail order. The big firms just ignore the law, Burling said.

"They constantly badger my customers," Burling said. "They get the data and they call them and they market their mail-order business directly to them."

And the crony capitalists in Washington continue to work against the survival of the little guy.

"Medco and Express Scripts merged, and as far as I'm concerned, that never should have been allowed," Burling said. "Being in politics as long as I was, I know how it works. Big money goes to the politicians in Washington and they ignore the little guy and get paid off."

Obamacare -- the Affordable Health Care Act -- Burling said is going to put the squeeze on all sorts of small businesses in medicine. The law will force even smaller reimbursements and the mandated cost cuts that small business owners won't be able to manage. You'll see a lot of health-care providers go out of business when that happens, Burling said.

He understands some people are upset by his store's sudden closure, but his co-op contract with Rite-Aid gave him an out now and he decided to exercise it.

Over the 21 years he's run the store in Corfu, Burling said not only has he provided a pharmacy to the community, he's also brought in doctor offices -- doctors who have since relocated to their own practices.

"These are contributions that I made to the community that I think were significant," Burling said, "but there comes a time in your life, you know, when you're at my age, that this is the only way I'm going to be able to retire, the only way I'm going to be able to enjoy life."

Custom Suzuki motor bike valued at $16K stolen from garage on Pratt Road

By Howard B. Owens

Sometime between 1 a.m. and 6 a.m., thieves made off with this custom Suzuki motorcycle valued at $16,000 from a garage at a residence on Pratt Road.

The perpetrators forced entry and pushed the bike to the road.

Two weeks ago, the bike was listed on Buffalo Craigslist.

Anybody with information about the theft or whereabouts of the bike can call Investigator Roger Stone at the Sheriff's Office, (585) 345-3000, ext. 3570.

Photo: Today's first pitch tossed out by Hiram Kasten

By Howard B. Owens

Hiram Kasten, who appeared in numerous television shows, such as "Seinfeld" and "Everybody Loves Raymond," during his acting career in Hollywood, throws out the first pitch prior to today's Batavia Muckdog's game, which started at 11:05 a.m. Kasten's wife, Diana, is a Batavia native and the Kastens now live in Batavia while Hiram pursues roles on Broadway.

Carlos Lopez, who caught the first pitch, and Hiram Kasten.

Law and Order: Accident investigation leads to drug charges

By Howard B. Owens

Sandra Lynn Cortright, 54, of Gorton Road, Basom, is charged with driving a motor vehicle while impaired by drugs, criminal possession of a controlled substance and unlawful possession of marijuana. Cortright was arrested Monday following an investigation into a motor-vehicle accident at 6:34 a.m., May 13, on Gorton Road, Alabama. The accident was investigated by Deputy Joseph Corona.

Kenneth M. Gray Jr., 21, of 77 Myrtle St., Le Roy, was arrested by Batavia PD on a warrant out of City Court on an alleged harassment, 2nd, charge. He was jailed on $500 bail.

Trista Nichole Leann Winchell, 28, of Payne Avenue, North Tonawanda, is charged with DWI, driving with a BAC of .08 or greater, following too closely and inadequate brakes. Winchell was allegedly driving in heavy post-concert traffic on Route 77 at 9:57 p.m., Tuesday, when her vehicle struck another car. The accident was investigated by Deputy Patrick Reeves.

Matthew Ray Helf, 23, of Woodstream Drive, Grand Island, is charged with criminal tampering, 3rd ,and harassment, 2nd. Helf allegedly grabbed his girlfriend and then threw her phone some distance while in the grass parking lot at Darien Lake Theme Park during a concert. The phone could not be located after the alleged incident.

Joseph Mattew Mullholland, 26, of Lincoln Avenue, Le Roy, is charged with criminal mischief, 3rd. Mullholland allegedly punched the rear corner panel of a car while at the Stafford Carnival at 1:30 a.m., June 15.

Danielle Marie Balbick, 32, of Covington Street, Perry, criminal possession of a controlled substance, 7th, controlled substance not in original container, criminal possession of a hypodermic instrument and unlawful possession of marijuana. Balbick was a passenger in a vehicle stopped for an alleged traffic violation at 5:11 p.m., Sunday, on Route 33, Batavia, by Deputy Kevin McCarthy. 

Jonathan Lee Olsen, 29, of Water Street, Perry, is charged with criminal possession of a controlled substance, unlawful possession of marijuana, criminal possession of a hypodermic instrument, aggravated unlicensed operation, 3rd, and obstructed view. Olsen's vehicle was stopped at 5:11 p.m., Sunday, on Route 33, Batavia, by Deputy Kevin McCarthy after dispatchers received a report of a vehicle being driven erratically.

Brandy Lynn Miller, 39, of Lewiston Road, Basom, is charged with aggravated harassment, 2nd. Miller is accused of making harassing and threatening calls to another person.

John Chester Miller, 41, of Lewiston Road, Alabama, is charged with aggravated harassment, 2nd. Miller allegedly sent harassing text messages to a person after being told to have no further contact with that person.

Nahum O. Marshall, 30, of Rochester, is charged with disorderly conduct (obstructing traffic). Marshall was arrested by State Police following an alleged incident at 11:30 p.m., Thursday, on Route 77 in the Town of Darien. No further details released.

Rachel P. Luker, 28, of Cement City, Mich., is charged with DWI and driving with a BAC of 08 or greater. Luker was stopped at 3:20 p.m., Monday, on Ledge Road, Alabama, by State Police.

Kaileigh M. White, 21, of Rochester, is charged with DWI, driving with a BAC of .08 or greater and failure to obey traffic device. White was stopped at 12:04 a.m., Monday, on Route 77, Darien, by State Police.

Two arrests, three citations for Bon Jovi at Darien Lake

By Howard B. Owens

The following arrests were made during the Bon Jovi concert at Darien Lake Performing Arts Center on Tuesday.

Joan M. Schrier, 36, of Howard Avenue, Lockport, charged with harassment, 2nd, after she allegedly shoved another concert patron in the neck causing small abrasions to her neck. 

Zachary A. Webber, 20, of Route 39, Arcade, charged with unlawful possession of marijuana and issued a citation for possessing alcohol being under, 21 after allegedly being found in possession of alcohol and marijuana. 

The following people were issued citations for alleged possession/consumption of alcohol under age 21.

Ashton W. Laird, 20, of Cheeseman Hill Road, Delevan
Kyle W. Meerboth, 19, of Genesee Road, Sardinia
Paige N. Billingsley, 18, of Prospect Avenue, Salamanca

Rain shortens game on Jim Perry night as Muckdogs fall 7-0

By Howard B. Owens

The rain didn't come soon enough for Batavia pitchers Max Garner and Brian Ellington who surrendered all seven runs over four innings the Jamestown Jammers would need to secure a victory Tuesday night.

The legendary Jim Perry, 1970 Cy Young Award winner, threw out the first pitch following an autograph session with fans, but it was Jamestown's Chad Kuhl who turned in the masterful pitching performance. Kuhl went five innings and didn't give up a run and only three hits.

Yefri Perez, Justin Bohn, Avery Romero, Austin Dean and Coco Johnson each had a hit for Batavia.

Garner took the loss, giving up six hits and four runs (three earned) in two and a third innings. He walked one. Ellington lasted three and two thirds and gave up two hits and three runs, all earned. He walked two and struck out four.

Garner had been pretty dominating in four of his previous five starts. His ERA jumped by a full run, rising to 1.93. He's yet to secure a win and took the loss Tuesday night.

The game was called because of rain after seven innings, giving Jamestown a 7-0 victory.

Game time for Wednesday's game is 11 a.m. Hiram Kasten, formerly of Hollywood, with roles in hit TV shows such as "Seinfeld" and "Everybody Loves Raymond," and now of Batavia, will throw out the first pitch.

Taco.

Weather halts Bon Jovi concert at Darien Lake

By Howard B. Owens

A strong thunderstorm that has moved into the area has brought a halt to Bon Jovi's show at Darien Lake Performing Arts Center.

Heavy rain, lightening and thunder hit the Darien area in the middle of Bon Jovi's performance, according to Tweets from fans at the show.

The National Weather Service issued a special weather statement warning that the storm has the potential to become severe.

Localized flooding is possible.

UPDATE 9:41 p.m.: The concert is restarting in five minutes.

City and towns to work together to create bike and walking path across the county

By Howard B. Owens

The vision is a bike and walking path that stretches from east to west across Genesee County and the means of funding it could come from a state grant, the City Council learned Monday night.

City Manager Jason Molino told council members that the city is working with officials in the Town of Batavia and Pembroke to help clear the way for funding of the project.

“Part of our planning with the BOA (Batavia Opportunity Area Plan) was to develop more pedestrian-friendly improvements to multi-modal aspects of pedestrian and bicycle traffic," Molino said. "What we’re talking about is a recreational bicycle path that hopefully in the long run will connect the east and west sides of the county together, so you can ride or walk continuously from the Erie County line to the Livingston County line.”

The Transportation Enhancement Program or TEP is offering grants of $200,000 to $2.5 million.

The first stage would be a path starting in East Pembroke, going through the city and ending at the soon-to-be-built 76-unit housing development off Seven Springs Road.

A TEP grant, if approved, would cover 80 percent of the funding.

Molino has high hopes for its impact on downtown Batavia.

“What this does for the downtown is it creates the opportunity for more activity and traffic in our downtown which is our primary commerce area," he said. "It connects the economic centers and creates more activity for our downtown businesses and our downtown in general.”

Molino says the three municipalities are working with National Grid as well as private businesses and property owners to develop a route for the trail. More details, including how much money the program would require, will be determined in the “next several weeks.”

In 2006 the City received $500,000 of TEP funding to complete the Ellicott Streetscape Project which cost a total of $750,000.

(via The Batavian's official news partner, WBTA)

Jackson Street resident accused of robbing Dollar General in November

By Howard B. Owens

A 24-year-old Batavia resident has been arrested on suspicion of robbing the Dollar General Store on Nov. 27.

Curtis R. Bailey, of 318 Jackon St., lower, Batavia, is accused of entering the store at 412 E. Main St., Batavia, and presenting a demand note. He allegedly threatened a store employee and demanded cash.

The suspect did not display a weapon during the robbery and no weapon was recovered during the investigation.

The perpetrator got away with a small amount of cash.

Bailey is suspected of taking the money and fleeing from the store during the nighttime robbery. Batavia PD and State Police searched the area immediately after the robbery but a suspect was not located.

Bailey was taken into custody without incident following the months-long investigation by Batavia PD.

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