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Accident reported on Ellicott Street Road at East Road
A two-car accident is reported at Ellicott Street Road and East Road, Bethany, with injuries.
The accident is not blocking.
Bethany and Stafford fire departments and Mercy EMS dispatched.
UPDATE 9:24 a.m.: A first responder reports traffic is backing up.
UPDATE 9:30 a.m.: Photo submitted by Jordan Fleming showing the wheel from the passenger vehicle jammed under the tires of the tractor trailer.
Two from Rochester allegedly caught in midst of drug transaction in Walmart parking lot
Agents of the Local Drug Task Force report that they interrupted a crack cocaine sale in progress in the parking lot of Walmart on Wednesday afternoon and took two Rochester residents into custody.
Arrested were Antoine T. Clark, 32, of Lake Avenue, Rochester, and Kristina M. Kretchmer, 34, of White Swan Street, Rochester.
Uniformed deputies of the Sheriff's Office assisted in the arrest.
Clark is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, criminal possession of a weapon, 4th, and unlawful possession of marijuana.
Kretchmer is charged with criminal sale of a controlled substance, 3rd, conspiracy, 4th, criminal possession of a weapon, 4th, unlawful possession of marijuana and aggravated unlicensed operation, 3rd.
Both suspects were arraigned in Batavia Town Court and Clark was held without bail and Kretchmer was held on $5,000 bail.
Photos: Corfu-Pembroke Community Band celebrates 30th season
The Corfu-Pembroke Community Band celebrated its 30th season last night with a concert at Darien Lakes State Park.
Pavilion All Stars finish second in tournament
The Pavilion U-10 baseball team had its best post-season finish in a decade, coming in second in a tournament held in Perry.
Pictured are: Christopher Doody. Mason Gilkes, Cole Harding, Grayson Harding, Landon Stoddard, Case Cummings, Zach Tillotson, Cameron Beck, Noah Hudson, Tyler True, Evan Kingdon, Ryan Williams, and coaches, Brandon Gilkes and Jason Tillotson, and head coach Tim Kingdon. Coach Michelle Forti was unavailable for the photo.
Photo and information submitted by Ed Doody.
Elba youth beat Chili for championship
Photo and story submitted by Drew Muehlig.
A four-run fourth inning was the difference as Elba downed Chili 8-4 Saturday to win the youth major league baseball championship.
The Lancers were leading 4-2 heading into the fourth, but the insurance runs in that big inning proved to be the difference. Zach Howard led off the inning with a single, scoring on Randy McIntire’s double on the very next pitch. Jake Engle added an infield single and then Nate Esten connected on a two-out single to score McIntire, putting runners on the corners. Brendan Thompson then sent a hard grounder through shortstop that took a tremendous bounce over the approaching fielder. Thompson took advantage, stretching the hit into a triple to score two runs putting the Lancers up 8-2.
Chili would score two runs in the top half of the sixth but their comeback fell short.
Elba’s CJ Gottler struck out nine in earning the win on the mound while Howard fired seven strikeouts to collect the save. Gottler and Zach Marsceill had huge run-scoring singles to keep Elba in the game early. Anthony Zambito also singled for the Lancers, who finish the year at 15-1.
Photo: Front row -- CJ Gottler, Anthony Zambito, Zach Howard; second row, Frank Warriner, Jake Engle, Randy McIntire; third row, Tyler Kauffman, Brendan Thompson, Gage Chamberlain, Arron Wyder, Nate Esten, Caden Muehlig, Zach Marsceill; back row, coaches Drew Muehlig, Brian Engle and Vern Howard.
Attorney in embezzlement case pled guilty on Friday
Updated at 2:22 p.m.
Randolph Zickl, the 81-year-old attorney, charged with grand larceny 2nd for stealing $75,000 from a former client, pled guilty to the charge in County Court on Friday, The Batavian has learned.
Since police departments only release information on arrests, and not court activity, that information wasn't available in the initial press release.
The guilty plea was uncovered by our news partner 13WHAM in a conversation with the Erie County District Attorney's Office and confirmed by The Batavian through a local source.
Zickl will be sentenced Sept. 20.
Through court sources, 13WHAM learned that Zickl's victim was the widow of a client who died and Zickl handled the estate. He reportedly double-billed the client and then continued to withdraw money from the victim's account over a three-year (not two as previously reported) period.
If Zickl is able to make full restitution by Sept. 20, he will likely receive a probationary sentence.
He also resigned from the New York State Bar Association.
Because Zickl has two sons working the Genesee County District Attorney's Office, the Erie County office handled the prosecution and Zickl appeared in Genesee County Court, but an Erie County judge presided over the case.
Previously: Respected local attorney accused of stealing from elderly client
Silicon supplier makes investment in 1366 Technologies
A Boston-based company that has picked Genesee County for the location of its silicon wafer plant announced a major strategic move today that officials say will provide a tremendous positive impact on cash flow.
Wacker Chemie, a supplier of highly purified silicon, is making a $15 million equity investment in 1366 Technologies through the supply of the silicon that will be used by 1366 to manufacture its advanced silicon wafers.
The silicon wafers will be manufactured in a plant at the Science, Technology & Advanced Maufacturing Park (STAMP) in the Town of Alabama through a process that officials with 1366 say will greatly reduce the cost of solar power.
The partnership will also include a technical collaboration between the two companies. Wacker Chemie will provide expertise in silicon as well as facility design, engineering and construction.
“We see the potential for the Direct Wafer technology to provide an excellent contribution to accelerate global solar adoption," said Ewald Schindlbeck, president, Wacker Polysilicon. "1366 has developed a commercially valid answer to a longtime manufacturing challenge. We’re eager to add our high-quality products and bring our expertise to the effort.”
Frank van Mierlo, CEO of 1366, said the partnership is a good sign for the future adoption of his company's groundbreaking solar wafer solution.
“Commercial traction is gained when technical success and financial support are established within the industry," van Mierlo said. "This partnership with the world’s most technically advanced silicon provider clearly demonstrates market acceptance for the Direct Wafer technology. Wacker’s silicon is the best in the industry and has been a crucial competitive edge for Wacker’s customers. It will do the same for 1366."
The manufacturing solution developed by 1366 offers a significant advantage over traditional ingot-based production technologies, according to company officials. The process makes wafers in a single step, pulling them directly from molten silicon instead of today’s multistep, energy- and capital-intensive approach, resulting in significant wafer production cost savings.
New downtown restaurant, Carter's, opens today
Yes, dreams can come true, and so far, they have for Brenden Mullen, who eight years after going to work in his father's restaurant, formerly Larry's Steakhouse, is now the owner of Carter's in the same location.
But the dream doesn't stop there. Carter is the name of his 9-year-old son, and if dreams really do come true, it will be Carter someday welcoming you at the front door or serving you a drink.
"If I can, I'll get Carter's successful and then 10, 15 years down the road, I'm on my way down South and I'll leave this place for him to take over if he wants," Mullen said.
It's been seven months since Larry's closed so Mullen could revamp the restaurant and put his own mark on it. There was a lot of planning and work into getting the doors open again, he said, which happened today.
The theme of the new restaurant is nautical with a nod toward the Northeast seafaring tradition.
Naturally, the menu is filled with seafood appetizers and entrees.
"I spent the past seven months coming up with different menu ideas," Mullen said. "When I started narrowing it down, the result was predominately seafood, and then when I got to thinking about it, it seemed like a good idea, our niche, so to speak."
Mullen enjoys the restaurant business, he said, because he loves food and he loves people.
"When I was 21 years old, looking for something to do, I thought, there's no better way to make a living than working in a restaurant," Mullen said. "I love food and I love going out to dinner, and you can't be in this business if you're not a people person. To be able to hang out and mingle with my friends and customers, it really doesn't get much better, in my opinion."
City and BID relationship said be heading in constructive and productive direction
Officials are being coy with details, but the city and the Business Improvement District are apparently close to a negotiated agreement that will end a bit of a dispute over some operational issues.
The turning point apparently came at a meeting Friday involving City Manager Jason Molino, City Attorney George Van Nest and an attorney for the BID who, up to this point, hadn't been involved in the situation.
Laurence Rubin, of Kavinoky & Cook, LLP, in Buffalo, was at Monday's City Council meeting, where Molino informed council members that progress had been made and an agreement should be forthcoming.
A public hearing on a proposed change to local law that would have affected the BID's district plan as well as required the BID board to abide by the State's Open Meeting Law and Freedom of Information Law was held, but there were no speakers.
Both Molino and Rubin sidestepped questions about the sunshine law requirements.
"We have an agreement in principle on the substantive issues," Rubin said. "I don’t want to get into the details and give you a long law school lecture, which I’m sure you don’t want to get into now, but in terms of the principles of transparency and timelines, I think there’s agreement."
Molino said, "I think both the City and the BID board are interested in the issues of transparency and that the public having access to board decisions and board meetings as well as how decisions are being made."
Rubin said he is an expert in the area of special districts and business improvement districts and General Municipal Law (GML).
Asked if he was aware of any districts that were required to abide specifically by the sunshine laws, he said he didn't know of any, but that such districts and boards are generally open and transparent.
"I think government and the public and taxpayers do want to see transparency and I think there is a common theme about that," Rubin said. "Again, I don’t want to get into a law school lecture. The Freedom of Information Law or the Open Meetings Law, per se, is not really the issue. The issue is should there be transparency and there is absolute agreement on both sides that there should be."
At no point, has there been any specific allegation that the BID or the BID board has been anything less than transparent, but Molino raised the idea few weeks ago that to ensure transparency, the city should require the BID to abide by the sunshine laws.
In a memo to BID members last week -- property and business owners within the downtown district -- Executive Director Laurie Oltramari said the BID board objected to the sunshine law requirement not because the BID isn't transparent, but as a matter of legal precedent and principle.
"The BID board is opposed to the City of Batavia adopting a local law imposing such as it conflicts with state law and our meetings are already open to the BID membership," Oltramari said. "For the City to implement such is creating new law for the City of Batavia, setting new precedent within NY State and discriminating against a not-for-profit corporation."
The dust-up between the city and the BID began a few weeks ago when Molino required the BID board to cut its budget to better comply with General Municipal Law, which Molino said the BID's budget had skirted for the past few years.
The BID's assessment, which is the basis for the BID's budget, is set by the city and while Molino said he has raised the issue with the BID in previous years, this year he said the city would correct the assessment to comply with GML.
Rubin repeatedly said that in his role as legal counsel for the BID on this issue, he didn't want to look back and concentrate on past history.
"We had a very positive discussion with the city administrator and the city attorney," Rubin said. "We talked about substantive issues. We set aside the history and whatever conversations may have been and we just talked about the statute and the proposed revisions to the local law. It was very constructive. I can’t really speak to what happened in the past, but going forward seems to be very constructive and very productive."
Six streets in city slated for repaving in 2018
The city will receive $2 million in federal block grant money to repave six streets, Public Works Director Matt Worth told the City Council on Monday night.
The six streets will be milled and repaved at a cost of $2.5 million, and there may yet be some state money to help cover some of the cost difference.
The streets are Clinton Street, East Avenue, Liberty Street, South Liberty Street, Swan Street and Vine Street.
The city will now seek proposals from engineering firms, with the selection of the firm in the fall and then preliminary engineering work can begin. The final design would be completed in the fall of 2017 with work beginning in the summer of 2018.
Photo: City historian receives Volunteer of the Year award
City Historian Larry Barnes received his Volunteer of the Year award from the Batavia City Council at the start of Monday night's meeting at City Hall.
Barnes was named Volunteer of the Year earlier but was unavailable to receive the award.
The honor recognizes his many years of volunteer work as city historian, especially his efforts in support of the city's centennial celebration.
Barnes said the award was really a shared award and recognized the many people and organizations who have helped him throughout his tenure as historian.
Respected local attorney accused of stealing from elderly client
Story updated with more information at 10 a.m.
One of Genesee County's most widely respected and prominent attorneys has been arrested for allegedly stealing $75,000 from an elderly client over a period of two years.
Randolph Zickl, 81, is charged with one count of grand larceny in the second degree.
Det. Todd Crossett said this morning that the investigation began in September with a complaint from a family member of the alleged victim. Crossett said the family member noticed some bank transactions "that didn't look right."
The alleged transactions, transferring funds from the elderly person's account into Zickl's account, were carried out during a period in which Zickl was not representing the client and should not have had access to the bank accounts, Crossett said.
Until a few weeks ago, Zickl was in charge of the county's Office of Legal Assistance. The office is in charge of handing out assignments to defense attorneys on cases that can't be handled -- usually because of a conflict of interest -- by the Public Defender's Office.
Ray Cianfrini, chairman of the County Legislature, said the Legislature received a letter of resignation from Zickl several weeks ago, but Cianfrini was not made aware until this morning that there was a pending legal case against Zickl.
The Legislature appointed Mike Rivers to replace Zickl.
Zickl is the father of two attorneys in the District Attorney's Office, Robert Zickl and William Zickl.
The prosecution of Randolph Zickl is being handled by the Erie County District Attorney's Office and he was arraigned on the charge by a judge from Erie County.
Paintings at Richmond capture artist's unforgettable trip to Alaska
When Marilynn Palotti, a retired art teacher, traveled to Alaska two years ago, she had no idea it would unleash a flurry of creativity when she returned, but it did. She's painted dozens of pictures capturing what she saw and experienced while on the trip.
Speaking even now about the trip, she's still filled with wonder.
"It’s such a unique place," Palotti said. "It’s so isolated in places. The people are so fiercely independent, yet are so willing to help each other. It’s very hard to describe to someone else what Alaska is, all its idiosyncrasy. It has only 12,000 miles of paved roads and it has millions upon millions of acres of national parks and refuges that are so isolated that you can’t get into them except by flying."
Palotti's show is on display now at the Richmond Memorial Library. The show runs through July and the opening is Thursday, July 7th from 6 to 9 p.m.
BHS 2016 grads challenged to enter life to do right and make a difference
A graduating class of 164 students received their diplomas from Batavia High School yesterday in a ceremony held at Genesee Community College.
Superintendent Chris Dailey said 74 percent of the class is pursuing higher education, including 41 going directly to four-year schools, 80 to community colleges and 31 students are entering the workforce already with jobs, plus seven students are going into the military.
"That is college and career ready," Dailey said.
Of the 164 graduates, 142 are receiving regents diplomas.
"For a small city school, that's outstanding," Dailey said. "We'll put that up against anywhere else in New York State."
Burton Howell, a science teacher at BHS for 28 years, delivered the keynote speech, emphasizing the tough love students got as they made their way through their educational journey. Starting on Sunday, they are no longer subject to the rules and discipline of school, but the rules and laws of society, subject to due process. It's up to them, he said, to make the right decisions through the rest of their lives. He spoke about Heisenberg's Uncertainty Principle. You can know an object's position, or you can know it's velocity and direction. If you know an object's position, you don't know where it's going or how fast. He told the students that we know where you are now, but we don't know where you're going. That's up to each student to decide.
Valedictorian Alexis Vasciannie noted that the Class of 2016 was an accomplished class, with success in academics, the arts and athletics. She challenged students to enter life now and find their own paths to success.
Salutatorian Ross Chua closed his speech by singing an original song. Chua, named Mr. Batavia earlier in the year, also participated in the Genesee Symphony Orchestra's performance of his own composition; he plans to attend Syracuse University. His goal is write a symphony that will be performed by a major, world-renowned symphony, or write the scores for major motion pictures. These are big dreams, he confessed, but he would be equally happy if someday he owned a music store, because there he might sell a first instrument to a future top-40 recording artist or the shoes to a future prima ballerina. Those accomplishments would change the world. He reminded his fellow graduates that even the small things they do in life will have a big impact on the world. They should go out and try to make a difference.
Chua received the Quincy Jones Award for his musical accomplishments at the school. Awards and scholarships were handed out to more than a dozen students.
Kayla Burns receives her diploma from Dailey.
Malachi Chenault is congratulated after receiving his diploma.
Zach Lee celebrates graduation while waiting his turn to receive his diploma.
To purchase prints, click here.
Photo: Scout leader earns his stripes at car wash
Doug Danizewski wears a zebra mask today while trying to drum up business on East Main Street for a car wash at Batavia's Original to benefit Boy Scout Troop 6069.
It was indeed hot in that mask, Danizewski said.
Photos: Fishing Derby at DeWitt
Bell Barone (pictured below) was among the dozens of kids who turned out today for the annual Fishing Derby at DeWitt Recreation Area sponsored by the Oakfield-Alabama Lions Club.
Collectors snap up rare buttons at local auction
People traveled from as far away as California to be in Batavia today for a button auction at the Days Inn on Noonan Drive.
It's that way twice a year, said Margeret McBride, when Page Auctions hosts the event in Batavia.
"People come from all over," she said.
It is as much about the buttons, which can sell, typically, from $10 to more than $1,000, McBride said, as it is about being social and seeing friends you've made through button collection conventions and auctions.
Page Auctions is based in Batavia, and McBride's husband, Phil, is the auctioneer and their daughter, Whitney McBride Carlson, helps run the business. Page Auctions was founded locally in 1895.
People who collect buttons love buttons, even if the collections can sometimes grow larger than they ever imagined.
"A lot people have said to me they collect buttons because they’re small," McBride said. "I’ve heard that over and over again. People who are collectors, who like to collect things and actually possess them, only have so much room and a lot of people say, ‘I started collecting buttons because I thought they were small,' and then they find out that roomfuls happen. They collect roomfuls of buttons. They put them on cards and hang them on the wall. They display them and sometimes they wear them in jewelry or sew them on, but for the most part, they’re coveted for their artwork."
Besides the aethetics of buttons, they also have a strong historical interest, especially for those who collect military buttons.
The most expensive button McBride remembers is a Civil War uniform button that sold for more than $17,000.
Teen daughter of Le Roy firefighter saves boy from drowning in pool at Frost Ridge
When 16-year-old Sterling Green saw a little boy at the bottom of the pool at Frost Ridge Campground this afternoon, and she saw bubbles gurgling from his mouth, she thought to herself, "I think he's drowning."
The daughter of one of Le Roy's volunteer firefighters, Green did what came natural to her. She jumped in the water to rescue the child.
Her father, Michael Green, was at her side when they got the boy to the pool's edge. The boy's mother came running up, asking, "Is that my boy?" Somebody told her it was.
The mother tried performing mouth-to-mouth resuscitation her her six-year-old son, but Green told her, "let him try to breathe on his own."
They turned the boy on his side.
"He was really blue, then he starting coughing and crying after he vomited," Micheal Green said. "He started talking to us and the paramedics showed up and took care of him, and he seemed good when he was on his way to the hospital."
He was carried by his mother from the pool to the waiting Mercy EMS ambulance and transported to UMMC Strong Memorial Hospital for evaluation.
Sterling said she was sitting poolside and talking with her mother, her aunt and her sister when one of them spotted the boy at the bottom of the pool and pointed out that he didn't appear to be coming up.
They don't know how long the boy was under water.
Green said he couldn't be prouder of his daughter.
"I’m a firefighter and she’s just following the footsteps," he said.
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