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Minor injury accident in parking lot at John Kennedy School

By Howard B. Owens

A person was reportedly outside his vehicle at John Kennedy School when another vehicle struck it, causing the man's vehicle to strike him.

The man reportedly suffered a minor injury.

City fire and Mercy EMS responding.

Resident arrested in connection with Monday's fire on South Main

By Howard B. Owens

    Darlene M. Callan

A 54-year-old South Main Street woman has been charged with arson in the third degree for allegedly setting a fire in a bedroom of her home around 5 p.m., Monday.

The bedroom had fire and smoke damage but city firefighters were able to put the blaze out before it spread.

Interim Fire Chief Dan Herberger said that the actual cause of the fire cannot be released yet because it's still under investigation. 

City fire was dispatched after a woman ran to a neighbor's house and said her bedroom was on fire.

After an investigation, it was determined the only person at home at 189 S. Main St. was Darlene M. Callan and police say evidence indicates she started the fire.

Several subjects at the scene were interviewed, police say.

Callan was held on $25,000 cash bail or $50,000 bond.

The investigation was conducted by Officer Jamie Givens, Sgt. Dan Coffey, Det. Kevin Czora and Capt. Craig Williams.

Jacquetta Simmons taken into custody on 18-month-old harassment warrant

By Howard B. Owens
 Jacquetta Simmons

More than a year after a warrant was first issued for her arrest, Jacquetta Bernadine Simmons, who first made international news after punching a Walmart cashier on Christmas Eve in 2011, is back in custody.

Simmons was picked up by Rochester PD last night and turned over to Batavia PD on a warrant for an alleged incident at a church meeting in Batavia in October, 2014.

The warrant was issued Oct. 20, 2014, but information wasn't released until January. 

Simmons, 30, allegedly made some sort of physical contact with a 54-year-old woman.

She is charged with second-degree harassment.

The meeting reportedly involved church members at a business meeting being held at the YWCA, 301 North St., Batavia.

Simmons was convicted in August 2012 of assaulting a 70-year-old cashier at Walmart and later sentenced to five years in prison, but that sentence was later overturned on appeals and she was given a year in jail. She was also ordered to pay restitution, which became the subject of several court appearances as she appealed the amount and sought modifications to the payment plan.

Simmons, held on $300 bail, is scheduled to appear in City Court at 1 p.m. today to answer to the harassment charge.

Rollover accident, no injuries, on Thruway in Pembroke

By Howard B. Owens

A rollover accident is reported on the Thruway, westbound lane, near mile marker 402.4, Pembroke.

There is a person unable to get out of the vehicle, but uninjured.

Pembroke fire and Indian Falls fire dispatched along with Mercy EMS.

UPDATE 7:19 a.m.: There are two vehicles involved. Two people involved. Both uninjured, up and walking around.

UPDATE 7:41 a.m.: A second accident is reported in the westbound lane, about 100 yards west of Exit 48. Initially, no Mercy EMS unit was available to respond, so Darien was going to be dispatched, but a Mercy unit cleared another call and is now responding. Both patients at the first accident were sign-offs, so now that ambulance is available. Pembroke and Indian Falls are also handling the second accident.

UPDATE 7:49 a.m.: Make that 100 yards east of the interchange (probably our mistake). Responders haven't located the accident, but a dispatcher says that a trooper is out with the accident and there was airbag deployment.

UPDATE 8 a.m.: Responding units were on location almost immediately after last update.

UPDATE 8:05 a.m.: All patients at second accident will be sign-offs.

'I'm not the only guy who has cancer,' says Joe Gerace as he plans to attend his annual dinner to support others

By Howard B. Owens

Throughout his life, Joe Gerace has helped so many people in our community, and now it's our turn to help him, but he doesn't look at it that way.

"I'm a little humble," Gerace said. "I'm humble because I'm not looking for somebody to pay me back. I've done everything from my heart, and, yeah, now it is payback time, but I'm not looking for it that way. I'm not that way."

Gerace was diagnosed earlier this month with lung cancer and bone cancer, at the same time, he also suffered a broken femur. He's currently staying at the State Veterans Home but plans on attending his annual spaghetti dinner Thursday in Stafford, which is a fundraiser for Genesee Cancer Assistance, a local organization he's worked tirelessly for since 1995.

"I'm looking forward to going to my spaghetti dinner Thursday," Gerace said. "I'm not going to get to put my hands in the sauce. I'd like to, but they all know what to do. I gave them all instructions."

He thinks just being there is important, not for him, but for others who need the support.

"I did it for 20 years and I want to be there to root other people on," said Gerace, who is 80. "I'm not the only guy who has cancer. There's a lot of people out there. I don't want no one to feel sorry for me because I'm going to fight this. I'm going to fight it."

Gerace has been deeply involved in our community for decades. He was the first person selected for the Italian-American of the Year Award at Batavia Downs in 2008. That year he was also Humanitarian of the Year for United Memorial Medical Center and the Jerome Foundation. In 2006, he was named City of Batavia Volunteer of the Year and Genesee County Chamber of Commerce Genessean of the Year in 1993 and was honored for his community service by the Paolo Busti Foundation Scholarship Committee.

He has long been active in Rotary and Knights of Columbus. He's a former president of the Batavia Youth Bureau, co-chair of the Genesee County Cancer Society's Festival of Hope and a director of the Genesee County Baseball Club (co-owners of the Batavia Muckdogs).

"I've got the urge to help," said Gerace, who served in the Army from 1957-59. "I call myself a public servant for Christ. I'm not a very religious guy, but I believe in God."

For two decades he's devoted a lot of time and effort helping people afflicted with cancer, but he never had it himself until now.

"It's so easy to tell somebody, you're going to be OK," Gerace said. "Well, you know, you experience it and then you'll know what they're going through. It's not only the cancer. It's the treatments. It knocks the heck out of you. It makes you tired. I want to go faster, but they slow me down, my wife slows me down all the time."

Gerace has received hundreds of get-well cards and countless bouquets of flowers over the past couple of weeks. He knows hundreds of people are praying for him and he says his own prayer every time he goes into treatment. 

"I say, 'dear God, those people prayed for me. Please answer their prayers.' "

He vows to beat cancer.

He said the other day he was doing a little religious reading and came across the story of a woman who got cancer and asked, "why me?"

She told people, "I have the Big C."

"Another gentleman wrote a letter," Gerace said, "and wrote her back and said, 'It's OK to have the Big C. The Big C is Christ and Christ is bigger than cancer.'

"That's what keeps me going," Gerace added. "I'm going to have a fight and I'm going to win. I will win. I've got a lot of spirit."

The dinner Thursday is from 4 to 7 p.m. Gerace vows he'll be there for at least some of the time. It's at the Stafford Fire Hall. Adults $10 (includes a 50/50 raffle ticket), children $5. Takeouts available.

Council looking for clarification on last year's resolution on funding Vibrant Batavia

By Howard B. Owens

Whether Vibrant Batavia gets funded in 2016-17 depends on how a resolution passed a year ago by the City Council is interpreted by the City Council this year, and that decision will wait for another meeting, this year's City Council decided last night.

A year ago, the council made 2016-17 funding contingent on Vibrant Batavia securing $15,000 from another funding source, but the available language of the resolution seems unclear whether Vibrant Batavia must already have that funding in place or if the group of volunteers must have a plan in place for raising the money before the end of the fiscal year.

City Manager Jason Molino wasn't at the meeting last night and council members would like to hear from him and to review the minutes from a year ago to help with the interpretation of the resolution.

That said, it's a resolution, so it isn't binding. If there are five votes against Vibrant Batavia, the meaning of the resolution could be moot.

When Council President Eugene Jankowski asked council members to vote on a motion to request more information from Molino, four members -- Rosemary Christian, Kathy Briggs, Al McGinnis and Paul Viele -- all voted against even getting more information before making a decision.

Councilman Brooks Hawley was not at Monday's meeting, but it's not clear that other council members would support Vibrant Batavia if came down to a binding vote.

McGinnis likened Vibrant Batavia to socialism. He thinks the government shouldn't take the initiative on what private citizens should do.

Rosemary Christian said she was promised years ago that a spray park would be built on the Southside and she wonders whatever happened to that idea, and there are sidewalks that need repaired and police cameras that should be purchased.

"We need other things more than we need Vibrant Batavia, no ifs, ands and buts about it," she said.

Jankowski said everybody agrees that Vibrant Batavia has done good work over the past three years.

"There's no debate about it," Jankowski said. "The debate is on how to fund it. That's where the split is."

While the motion failed on the 4-4 vote, it really only takes one council member to request an item be placed on a conference agenda (it takes majority approval to place an item on a business agenda), so the council will be able to take up the issue again at the next conference meeting that Molino is able to attend.

Photos: City's annual awards presented at council meeting

By Howard B. Owens

The Batavia City Council handed out its annual awards at last night's meeting.

Above, Debbie and Dan Fischer, owners of WBTA, receive the Business of the Year Award from Councilman Adam Tabelski.

For more on the awards, click here.

Don and Pam Hirons, Homeowners of the Year, with Councilwoman Patti Pacino.

Tonya Passamonte and Adam Steadman, Homeowners of the Year.

Employee of the Year, Officer Chad Richards, and Volunteer of the Year, Larry Barnes, were unable to attend the meeting.

Possible electrical fire at residence on Church Street, Le Roy

By Howard B. Owens

A resident in Le Roy reports smoke coming from the wires attached to the house at 62 Church St., along with a popping sound.

No sign of fire.

Le Roy fire dispatched with mutual aid from Bergen's ladder truck.

UPDATE 10:47 a.m.: Le Roy police officer on scene reports smoking coming from an outlet on the outside of the residence.

UPDATE 10:59 a.m.: There appears to be no extension into the house. National Grid is sending a crew out, 15-minute ETA.

Byron-Bergen names new superintendent

By Howard B. Owens

Press release:

The Byron-Bergen Central School District’s Board of Education has named Mickey Edwards as the district’s next Superintendent. Edwards’ start date is July 1.

“The search process was rigorous and the Board of Education truly values the input we received from the various stakeholder groups, including staff, and community members who met with the candidates to help us make a final decision,” said Board President Debi List.

“With his dedication, enthusiasm, and professional background, along with a deep understanding of many aspects of educational leadership, our board feels that Mr. Edwards is an excellent fit for the students, faculty and staff of the district."

Edwards currently serves as the superintendent of Wyoming Central Schools located in Wyoming, NY. Previously, he served as the coordinator of Curriculum and Instruction for Orleans/Niagara BOCES, a position he held from 2009 until 2014.

Edwards began teaching in 1995 as an art teacher for the Hilton Central School District. In 1996, he began teaching at Albion Central Schools as an Art/Technology instructor. He continued his career at Albion Central Schools serving as the elementary school dean of students, middle school assistant principal and high school principal. Edwards is a veteran of the Marine Corp.

Edwards earned a Bachelor of Science in Art Education from Roberts Wesleyan College, and a Master of Arts in Liberal Studies from The College at Brockport. He holds a School District Administrator certificate from The College at Brockport.

“I am very excited to join the Byron-Bergen Central School District team and meet the staff, students, and the community members of Byron and Bergen. Byron-Bergen Central School District should be proud of its many accomplishments and strengths. I look forward to continuing this tradition of excellence as we work together to ensure that our students are successful and prepared for tomorrow,” Edwards said.

Kevin MacDonald, district superintendent of the Genesee Valley Educational Partnership, acted as search consultant. MacDonald said the Board developed and implemented a process that helped to determine the best candidate.

“Mr. Edwards understands the challenges and issues the districts in our region face. His breadth of experience, and educational leadership will greatly benefit this district as he works with the Board of Education, staff and community to provide a quality education for the children of this community,” MacDonald said.

Minor head injury reported at Thruway accident scene

By Howard B. Owens

A car vs. truck accident is reported at mile marker 404 of the Thruway. That's in Pembroke.

A chief on scene reports one minor head injury.

Indian Falls fire and Pembroke fire responding along with Mercy EMS.

Vibrant Batavia on tonight's City Council agenda

By Howard B. Owens

The Batavia City Council will be asked tonight to reaffirm its five-year commitment to community improvement during a discussion about continued funding of Vibrant Batavia.

Vibrant Batavia grew out of the City's Community Improvement Plan, approved by the council in 2012.

The plan was to undertake a series of initiatives aimed at creating stronger neighborhoods, "reenergizing the sense of pride that defined Batavia for so many years, yet which has, to a certain extent, become dormant," City Manager Jason Molino wrote in a memo to council in advance of tonight's meeting.

The meeting begins at 7 p.m. at City Hall.

The proposed funding for the next two years of activities:

  • $25,000 committed by council for current fiscal year
  • $24,000 remaining from prior year appropriations
  • $33,000 received from the auction of house at 109 Walnut St.
  • $15,000 Community Development Block Grant funds from the Healthy Blocks initiative for low- and moderate-income areas.

The remaining two years of the Vibrant Batavia plan would include hiring a new coordinator, neighborhood initiatives for Summit Street, an open house with an architect on best practices for home improvements, more neighborhood initiatives in the second year, coffee talks, publication of positive stories about Batavia, a community-wide yard sale, support for neighborhood groups, and landlord and homeowner workshops.

Over the first three years of Vibrant Batavia, it received local resident and business support and more than $135,000 in donations, mostly for the Centennial celebration, and more than $50,000 in revenue from the publication "Vibrant Times."

Molino lists 15 accomplishments for Vibrant Batavia, including bringing community groups together, five coffee talks in which 50 residents attended, more than a dozen neighborhood activities, the Centennial celebration, a bike rack project, a community-wide yard sale and publication of "Vibrant Times."

Rep. Collins recognizes Batavia resident as 'Veteran of the Month'

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today released the following statement recognizing United States Navy Veteran, Kenneth A. Dehm, of Batavia, as New York 27th Congressional District’s April "Veteran of the Month." The "Veteran of the Month" is a new program established by Congressman Collins’ office to recognize the dedication and service of NY-27’s veterans.

“I was honored to have the opportunity to meet with Ken and his family and hear him share memories of his time in the service,” Congressman Collins said. “To have so many of Ken’s family members and friends in attendance to see Ken receive this honor was truly special.

"We are all very grateful for his service. My office will continue to recognize a local ‘Veteran of the Month’ as a small thank you to the thousands of Western New York veterans who have selflessly served our country.”

Kenneth Dehm served in the United States Navy from 1942-1946. During his years of service, Kenneth served aboard the U.S.S. Barnegat. Congressman Collins joined Ken’s children, grandchildren and other family and friends at a ceremony where he presented Kenneth with a Congressional Certificate of Commendation and a flag flown over the United States Capitol Building.

Mr. Dehm was presented this recognition at a ceremony at the Glenn S. Loomis VFW Post 332 on Saturday, April 23rd. A certificate from Assemblyman Steve Hawley was also presented at the ceremony.

Each month, Congressman Chris Collins will recognize a local "Veteran of the Month" with an American flag that was flown over the Capitol Building in Washington, D.C., and a Congressional Commendation Certificate.

Mr. Batavia winners present more than $4K in checks to their charities

By Howard B. Owens

The winners of last week's Mr. Batavia contest at Batavia High School presented their checks to the charities of their choices today in the school's library.

Above, Mr. Batavia Ross Chua presents a check for $2,055 to his father, Dave Chua. Dave is with the Batavia Kiwanis Club and leads the club's 5K team, which raises funds for research into autism.

Micheal Hughes, one of two second-place finishers, presented a check for $1,020 to Jaylene Smith-Kilner and Jessica Maguire Tomidy for Habitat for Humanity.

Dwayne Fonda presented his check to Chuck Marra, with the American Red Cross.

Plan for 55+ housing in Le Roy may be put back on the table

By Howard B. Owens

Thwarted once, local businessman and developer Pete McQuillen is kicking the tires of an idea to revive his Robbins Nest housing neighborhood on the south end of the Village of Le Roy.

McQuillen started pursuing the project in about 2010, thought he had the necessary approvals to move forward, then a lawsuit forced him to go back to the village board for approval of the necessary zoning change.

At a September 2012 meeting, McQuillen learned that two village board members -- Bob Taylor and Mike Tucci -- would not vote on the resolution because they felt they had a conflict of interest.

Taylor's nephew is Steve Barbeau and Tucci worked for Tompkins Insurance under the supervision of David Boyce. Barbeau, the Town of Le Roy supervisor, and Boyce, were leads in the lawsuit against McQuillen.

The two men are neighbors in a neighborhood known as Presidential Acres, which abuts McQuillen's property he would like to convert into Robbins Nest.

At the time, McQuillen's plan was to build 26 homes on 13.1 acres east of Robbins Road and south of Fillmore Street, with prices ranging from $130,000 to $160,000, and sold as part of a planned community to seniors.

In order to move forward, he needed approval for a Planned Unit Development (PUD), which requires a zoning change, which requires approvals from the Zoning Board of Appeals (then a joint agency of the town and the village), the village board and the County Planning Board.

He got all of those approvals once, but then the lawsuit voided the village vote and without Taylor and Tucci willing to say yes or no, the board couldn't proceed and McQuillen had to drop his plan.

Now Tucci is off the board, so at a meeting April 13, McQuillen asked during public comments if he revived his plan, would the village board at least vote on it (he didn't ask whether they would approve it). Mayor Greg Rogers polled each board member and all said they would vote on it, if a proposal was brought to them.

Reached today, McQuillen said he is merely exploring the idea of reviving Robbins Nest at this time. Going to the village board was just the first step. He also wants to see how the county might respond.  

Rogers said he was surprised by McQuillen's request. Robbins Nest wasn't an item on the agenda. McQuillen just showed up and asked his question and that's all it was, Rogers said.

We reached out to Barbeau and Boyce for comment. We've yet to get a response from Barbeau; and Boyce declined to comment.

Boyce is one of several plaintiffs, all Presidential Acres residents, in another lawsuit with McQuillen as one of the defendants. The lawsuit is over several duplexes built on the west side of Presidential Acres, which the plaintiffs claim violates the subdivision plan. 

That lawsuit, filed in 2014, is scheduled to go to trial next week.

If you've read this far and the history of this development doesn't seem like enough of a twisted path yet, the history also includes Barbeau being arrested after an altercation with McQuillen over a barn McQuillen built close to Barbeau's property line. Also part of the history, Rogers took responsibility for allowing the village to pave a road owned by McQuillen at the time.

McQuillen said the next step for him to is to go the county to see what kind of response he might get, but County Planning Director Felipe A. Oltramari said there is nothing barring McQuillen from getting the paperwork started with the village. It would be up to the village to submit a request for consideration by the County Planning Board on the zoning change.

It isn't unusual for rejected or stalled proposals to come back up for reconsideration, Oltramari said.

"It often happens that applicants will come back a few months for few years later, depending on how political the issue was," Oltramari said.

UPDATE 8:56 p.m.: Earlier this evening, Steve Barbeau​ responded to our request for a comment.  Here is his statement: "There were and are numerous legal, practical, and ethical reasons why the property in question should not be rezoned."

Byron-Bergen welcomes 15 students to National Honor Society

By Howard B. Owens

Press release:

The Byron-Bergen chapter of the National Honor Society (NHS) welcomed 15 new student members to their distinguished company on April 20.

The service included congratulations from Interim Superintendent Jon Hunter, Ph.D., along with the time-honored candle-lighting ceremony that acknowledges the high standards students in NHS must exhibit in knowledge, character, leadership, service and scholarship.

Inductees each received a yellow rose, which they shared with family members, and were presented with their traditional honor cords and certificates.

Jr./Sr. High School Principal Patrick McGee asked students to consider the question posed in Malcolm Gladwell’s book, “Outliers”: Why do some people succeed, living remarkably productive and impactful lives, while so many more never reach their potential? He challenged students to work hard and use every opportunity they can find to fulfill their promising futures.

Students also heard from two inspiring guest speakers, Amy (Seward) Stacy (Class of 1980), and Helen Hulburt, the mother of Judy (Hulburt) Holly (Class of 1976). Stacy and Holly were this year’s Alumni Hall of Fame honorees.

The 2016 inductees to the Byron-Bergen National Honor Society are: Cameron Brumsted, Catherine Brumsted, Lauren Burke, Benjamin Chaback, Quinn Chapell, Brionna DeMichel, Margaret Graney, Justin Hannan, Hayley Hoehn, Brian Ireland, Daniel Jensen, Peyton Mackey, Makenzie Muoio, Leah Thompson and Dana VanValkenburg.

Current Members of the Byron-Bergen National Honor Society are: Olivia Audsley, Merrisa Bohn, Rose Bower, Bethany Ezard, Rider Farnsworth, Chase Felton, Clare Fraser, Brittany Goebel, Lauren Graney, Kaitlyn Harder, Ana Hubbard, Cora Ivison, Kelsey Maurer, Taylor McPherson, Celia Mercovich, Ashley Montgomery, Esther Musiyevich, Grace Pulcini, Brittany Rada, Brandon Reiner, Alexandria Rosse, Colby Savage, Adam Walter and Michael Zwerka.

National Honor Society membership not only recognizes students for their accomplishments, but also challenges them to develop further through active involvement in school activities and community service. The organization has chapters in all 50 states, Canada, and beyond.

Smoke coming from the basement of residence on Lovers Lane Road

By Howard B. Owens

Smoke is reported coming from the basement at 8752 Lovers Lane Road, Pembroke.

Pembroke fire, Indian Falls fire and City of Batavia's Fast Team are dispatch.

Corfu is asked to stand by in their fire hall.

UPDATE 7:57 a.m.: The resident tells a chief that she smells something burning. No sign of smoke or fire. The residence has been evacuated.

UPDATE 8:13 a.m.: Burned out sump pump in the basement. The pump will be removed and the smoke cleared.

Photos: Open house at Town of Batavia fire

By Howard B. Owens

Town of Batavia Fire Department is among several in the county holding open houses today, as part of a Recruit NY drive for volunteer fire departments.

Batavia's open house continues until 4 today.

Volunteer departments play a vital role in the health and safety of our community. To find out more about volunteering for your local department, visit ReadyGenesee.com.

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