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City council takes next step on consolidation path

By Howard B. Owens

Consolidation of the town and the city took another incremental step forward Monday night as the Batavia City Council passed a resolution to form a committee to select a committee.

Three council members are being tasked with the job of finding residents to serve on the Consolidation Charter Task Force.

The task force will be asked to write a new charter for the proposed merged municipality.

Voters in both jurisdictions would then be asked in 2012 to vote for or against the charter.

Representing the city would be Marianne Clattenburg, Tim Buckley and Frank Ferrando.

The town will also appoint three representatives to review potential members of the charter task force.

The elected officials will not actually be involved in the charter task force.

Councilman Bob Bialkowski objected to taking this next step toward consolidation.

He said consolidation efforts in other communities have really turned into civil wars.

"It’s turning neighbor against neighbor, relative against relative," Bialkowski said. "It removes a lot of local control and it doesn’t solve the problem.

"I hate to see community torn apart," he added, "The majority of the people in the town are going to vote against it anyway."

19th Century couple's headstones returned to Elba

By Howard B. Owens

It's a mystery that may never been solved: How did the headstones of Thomas and Elizabeth Reay wind up on a former Batavia resident's property in Bethany?

The Reays lived and died in the 19th Century and were buried in Elba's Maple Avenue Cemetery.

The woman who owns the property where the stones have been kept for years, if not decades, told Deputy Chief Jerome Brewster of the Genesee County Sheriff's Office that her uncle stole the headstones a long time ago.

Brewster said the displaced headstones have bothered her for years and she wanted to find a way to return them but wasn't sure what to do.

Nobody in Elba, however, knew they were missing.

Steve Davis, the current cemetery caretaker said that as best as he can figure, the Reays' headstones were replaced in the 1950s.

It's impossible to know if they were replaced because the old stones were stolen or the family wanted to have uniform headstones for its plot.

The family is Graham, but not the Grahams who currently reside in Elba and Oakfield, as near as our research can determine.

Barbara Graham, and other residents confirm, that up until the 1970s, two sisters named Graham lived alone in Elba. Barbara Graham believes they were distant cousins of her late husband's.

There is an Agnes and Carolyn Graham buried in the same plot as the two current headstones for the Reays. The group of headstones all uniformly match.

Thomas Reay dies Aug. 1, 1887 at the age of 89. His wife Elizabeth died in 1893.

We can find no Reays currently living in Genesee County.

If the headstones were stolen, the statute of limitations has surely run out, according to Brewster. Besides, the supposedly "slightly wild uncle" who took credit for the theft is long ago deceased.

The location of the headstones came to light when a reader contacted The Batavian anonymously a couple of weeks before Halloween and said he knew about some headstones stolen from a graveyard in Elba.

We contacted Brewster to see if there were any reports of stolen headstones. There was nothing on record, but ever the investigator, Brewster began the process of tracking down the property owner -- who now lives in New Mexico -- and seeing what she had to say about the headstones.

According to Brewster, she eagerly gave him permission to go onto her land and retrieve the stones so they could be returned to Elba.

The Elba Historical Society took possession of the stones today and will display them on their property.

Even though recovering the headstones brought no criminals to justice, so to speak, Brewster said he felt like getting them back to where they belonged was a good deed.

"It feels good when you can do something to give back a little bit," Brewster said.

Pictured above are incoming society president Ron Komer, society member Earl Roth, Chief Brewster board member June Rowcliffe.

Notre Dame girls claim Section V cross country title

By Howard B. Owens

Submitted by Eric Geitner:

The Notre Dame girls cross country team claimed the Class D title on Saturday at the Section V Cross Country Championships at GCC. The girls team last won in 2006 and it is the sixth title for the girls program (1997, 2001, 2002, 2003, 2006). Eighth grader Anna Warner led the Irish with a second place finish covering the course in 20:44. Her performance also qualified her to represent Section V at the New York State Cross Country Champioships in Pawling next weekend.

The top ten in each class receive sectional patches and ND had five finishers in that top ten. Freshman Bailee Welker placed 5th in 21:23, Junior Meghan Zickl 7th in 21:36, Eighth Grader Rosemary Flumerfeldt 8th in 21:51, and Senior Kristen Antolos was 9th in 22:14. Also racing for ND was Sophomore Madison Gluck finishing 18th in 24:03 and Eighth Grader Janelle Fancher placing 34th in 25:54.

The boys team was moved up to Class C this year due to winning too many titles in Class D and finished fifth in Class C. Sophomore Jeffrey Antolos paced the Irish placing 5th in 17:18. His performance qualified him for the New York State Cross Country Championships next weekend. Junior Andrew Fischer finished 18th in 18:11, followed by Sophomore Arron Carlson 24th in 18:24. Senior Nick Flumerfeldt finished 30th in 18:46 and Junior Luke Calla 39th in 19:01 to round out the scoring for ND. Junior Matt Sausner placed 51st in 19:30 and Senior Tyler Pingrey 58th in 19:50 were the other racers for the Irish.

Photos submitted by Bare Antolos.

Top photo: 8th grader Anna Warner, 8th grader Janelle Fancher, 10th grader Madison Gluck, 8th grader Rosemary Flumerfeldt, 9th grader Bailee Welker, 12th grader Kristen Antolos, 11th grader Meghan Zickl

Inset: Notre Dame 8th grade XC runner Anna Warner finishes her Section V Class D 2nd place finish to earn a spot in the state championships next weekend in Pawling, NY

In his first season running Cross-Country, Notre Dame sophomore Jeffrey Antolos completes his state qualifying run in a personal best 17:17:46 to earn a trip to the state cross-country championships to be held next Saturday in Pawling, NY.

 

Police Beat: Bail set at $1K for man accused of violating order of protection

By Howard B. Owens

Ronald A. Smith, 18, of 3189 Broadway Road, Alexander, is charged with criminal contempt, 2nd, and unlawful possession of marijuana. Smith is accused of violating a court order protecting a female acquaintance. During the investigation he was allegedly found in possession of marijuana. Smith was jailed on $1,000 bail.

Latoya Y. Stanley, 101 State St., Batavia, is charged with criminal trespass and criminal mischief, 4th. Stanley is accused of going to the apartment of another person and damaging the doorway.

Randy L. Sanfratello, 41, of 4016 W. Main St. Road, Batavia, is charged with harassment, 2nd. Sanfratello is accused of trying to fight another man at East Town Plaza on Oct. 20. He was arrested on a warrant out of Batavia City Court.

Nathan Lorel Smatana, 21, of Lincoln Place, Lockport, is charged with unlawful possession of marijuana. Smatana was arrested following the investigation into a motor-vehicle accident at 5:12 p.m., Friday on Route 77, Pembroke, by Deputy Joseph Graff.

Victoria Lynn Phillips, 49, of Molasses Hill Road, Bethany, is charged with DWI and driving with a BAC of .08 or greater. Phillips was arrested by Deputy Jason Saile following a 9-1-1 call out of the Town of Darien at 11:46 p.m., Friday.

Adam Scott Hamilton, 25, of Curwood Drive, Tonawanda, is charged with disorderly conduct. Hamilton was picked up on a bench warrant out of Town of Darien Court for failure to pay a fine. He paid the fine and was released.

Alejandro Cortes Ruiz, 28, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, inadequate headlights, unlicensed operation and consumption of alcohol in a motor vehicle. Ruiz was stopped at 11:54 p.m., Friday, on South Lyon Street, City of Batavia, by Deputy Jason Saile. Bail was set at $2,500.

A 17-year-old from Batavia is charged with unlawful possession of marijuana. The youth was nabbed when a K-9 allegedly alerted on his vehicle parked in a parking lot.

A 17-year-old from Basom is charged with unlawful possession of marijuana. The youth was nabbed when a K-9 allegedly alerted on his vehicle parked in a parking lot.

Randall William McKeown, 48, of Dellinger Avenue, is charged with a felony count of DWI, driving with a BAC .08 or greater, aggravated unlicense operation, 3rd, and moving from lane unsafely. McKeown was stopped on Route 5, Batavia, at 12:31 a.m., Sunday, by Deputy Joseph Graff.

Christopher Thomas Guillod, 23, of Olde Tavern Circle, Rochester, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings and inadequate exhaust. Guillod was stopped at 1:12 a.m., Sunday, on Oak Street, Batavia, by Deputy Jason Saile.

Mother admits to trying smuggle oxycodone into jail for her son

By Howard B. Owens

A mother who tried to smuggle oxycodone into her son being held in Genesee County Jail accepted a plea offer today that should keep her out of jail.

Kathleen Catino, 60, of Seven Springs Road, Batavia, entered a guilty plea to criminal possession of a controlled substance, 5th, with a promise of probation and no jail time if she stays out of trouble between now and her sentencing in January.

Catino was original charged with criminal sale of a controlled substance, criminal sale of a controlled substance, 3rd, possession of a controlled substance, 3rd, promoting prison contraband, 2nd, and possession of a controlled substance not in the original container.

Her son, 39-year-old Cain Catino, admitted two weeks ago to to attempted robbery, 3rd. Catino tried to steal oxycodone from the Oakfield Pharmacy on Sept. 20.

On Oct. 14, Kathleen Catino tried to give some oxycodone to Cain while visiting him in jail.

In Genesee County Court this morning, Catino said she was trying to help her son with his withdrawal symptoms.

Rollover accident on Thruway, minor injuries

By Howard B. Owens

There is a rollover accident reported on the Thruway near mile marker 396 in the westbound lane.

Minor injuries reported.

The vehicle rolled twice and hit another car in the service center.  The driver is conscious and alert.

Le Roy Fire and Ambulance are responding.

Photos: A gray day in Genesee County

By Howard B. Owens

Yesterday, 5 p.m., the sky was beautiful, the sun was setting and I had just left the office on a photo hunting expedition when Billie called me and said a structure fire was reported on York Road.

Driving out to Le Roy then, I passed up what seemed like several potentially marvelous photos.

This morning, heading home from doing a follow-up story on York Road, the sky was a flat gray, so photo opportunities were scarce. 

I did like the view of this bare tree by the side of Linwood Road. The red car passing at the right time was a bonus.

After that, I found the free love seat available in front of Steve Upson's house on Bernd Road, Le Roy. I took the picture and left the seat, in case anybody else wants it.

York Road fire victims victimized again by overnight thieves

By Howard B. Owens

After losing nearly everything in a devastating fire Saturday, Bill Scheg was victimized again sometime early Sunday morning when thieves broke into what was left of his taxidermy and gun shop on York Road.

Compared to the destruction of the log-cabin type house he built himself in Le Roy, Scheg's adjacent shop was relatively untouched by the fire and still contained ammo, arrows, bows and other items.

Deputy John Duyssen said, however, that there was enough damage that it's hard to tell what was taken.

When firefighters arrived at 9616 York Road early this morning to deal with a hot spot in the basement that had rekindled, they found charred wood and shotgun shells strewn in front of the door for Scheg's business, Genesee Valley Taxidermy & Shooting Supplies.

Those items weren't there when they cleared the scene from the initial fire shortly after midnight.

Vandals also knocked over Scheg's mailbox.

"Talk about kicking a man when he's down," said Tim Yaeger, coordinator of Genesee County Emergency Management Services.

Duyssen expressed concerned that ammo from the shop had been heat and water damaged. It could misfire, and seriously injure whoever tries to use it.

Investigators were on scene this morning trying to determine the cause of the fire. 

Yaeger said the cause was apparently accidental and arson has been ruled out, but the exact cause may not be discovered until Monday or later, when investigators can gain access to the electrical panel in the basement.

The insurance company needs to pay for debris removal before investigators can get to the basement.

Meanwhile, friends of Scheg's, such as Richard Barnard pictured below, began the tedious task of recovering Scheg's decades of hunting photos, saving and preserving what they can.

All of Scheg's prized big-game trophies -- Scheg had traveled the world hunting -- were destroyed in the fire.

More pictures after the jump:

Mailboxes knocked over by wayward driver along Alexander Road

By Howard B. Owens

A driver took down several mailboxes overnight along the 9100 block of Alexander Road heading southbound.

The car was apparently off the road for about at least a quarter mile south of Pike Road.

It's unclear how many mailboxes were knocked over or if there was any other property damage.

The car is believed to be a 1999 to 2001 Saturn, color purple. It suffered heavy right front end damage, with possible wheel damage on the right. It will be missing a right mirror.

If anybody knows of a vehicle matching that description, the Sheriff's Office can be contacted at 343-5000.

Deputy Brian Thompson is handling the investigation.

UPDATE: Deputy Thompson sends along this update:

Dark purple in color. It would look black at night. We have recovered right  (passenger side) quarter panel parts, front corner assembly, Saturn emblem,  corner marker light, hubcaps. A large multiple mailbox platform was struck, two newspaper boxes (metal posts) and it sideswiped another mailbox. Part numbers match from a 1999 to 2002. Collision persons believe it was a 1999 to 2001 by rust damage and earlier part numbers.

Today's Deals: Olivers, Center Street, Delavan's, Settler's and more

By Howard B. Owens

Oliver's Candies, 211 W. Main St., Batavia, NY. Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

sold out

Fire alarms in Alexander and Le Roy overnight

By Howard B. Owens

There two fire alarms overnight.

At 3:32 a.m., a garage fire was reported at 10780 Sandpit Road, Alexander. The cause of the fire is still under investigation. It caused an estimated $70,000 damage.

This morning, Le Roy Fire responded to the location of yesterday's fire on York Road for a rekindle.

Car hits car, then pedestrian on Walnut Street

By Howard B. Owens

An ambulance is being dispatched to 16 Walnut St., Batavia, following a report of a car hitting another car and then hitting a pedestrian.

Batavia Police are on scene.

It's unclear if the car is still at the location.

Owner who built log house loses home to fire in Le Roy

By Howard B. Owens

UPDATED 11:01 p.m.

Thirty-five years ago, William Scheg built himself a dream home -- doing most of the work himself.

Out among the flat farm fields and game-rich woods of rural eastern Genesee County, Scheg build a log-cabin construction home where he would eventually open a business -- Genesee Valley Taxidermy & Shooting Supplies.

Late Saturday afternoon, Scheg was in the woods near his York Road home when a fire started in the garage.

"I heard some shots and I thought it was the neighbors target practicing," Scheg said. "Then I heard more shots and the whole woods filled up with smoke. I kind of got this empty feeling in me and thought what might be happening. I got the road and saw the inevitable. It was all on fire."

By that time, firefighters from several companies were on scene and the house was fully engulfed.

The fire was initially reported at 4:50 p.m. by Frank Capuano, a retired city firefighter who was driving down York Road and spotted smoke coming from the garage of 9616 York Road, Le Roy. Upon further investigation, he confirmed the fire and called 9-1-1.

Just five minutes earlier another man on his way to work as a clerk at a gas station on Route 5 drove by the same house -- which he knows because he's known Scheg since the clerk was a little boy -- and he didn't see a thing.

The fire was well advanced by the time crews from Le Roy Fire arrived on scene and it spread quickly as crews struggled to get a reliable source of water to fight the fire.

Tanker trucks were sent to the nearest fire hydrant, at Route 5 and York Road, two miles to the north, where they could fill up and shuttle water to the scene. Water was also drawn from the pond on the property.

Assistant Fire Chief Thomas "Woody" Woods said water supply was the biggest problem firefighters faced in battling the blaze.

There was some concern about the ammo in the gun shop when crews first arrived.

"You could hear the popping from the ammo going off, so we kept back," Woods said.

According to property tax records, the home was valued at $168,900, and was 2,070 square feet on 1.22 acres.

Scheg lived in the home with his wife Margaret. She was also out of the house at the time of the fire. Their dogs were able to get out of the house before the fire trapped them and were taken in by a neighbor. The Schegs also had some pet birds who perished in the fire.

The cause of the fire is under investigation.

As of 11 p.m., some fire crews were still on scene, though some crews were back in service.

Responding to the fire were Le Roy, Pavilion, Caledonia, York, Stafford, Bergen, and Le Roy Ambulance, Genesee County Emergency Management and the Sheriff's Office. The Town of Batavia Fire Department filled in at Le Roy's fire hall.

More pictures after the jump:

Reader Photos: York Road fire

By Howard B. Owens

Here are two photos submitted by readers on the fire on York Road. We'll have more photos and full coverage later tonight.

UPDATE: More photos after the jump, submitted by retired city firefighter Frank Capuano, initially reported the fire after seeing smoke coming from the garage.

Today's Deals: Delavan's, Margarita's, Matty's, South Beach and more

By Howard B. Owens

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

South Beach, 59 Main St., Batavia, NY: Try the new lunch buffet. We have a $25 gift certificate for $12.50 (must be used by Nov. 30, 2010).

O'Lacy's Irish Pub, 5 School St. Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

Red Osier, Route 5, Stafford, NY: Truly, one of the landmark restaurants of the area. Red Osier features prime rib carved table side. We have $25 gift certificates for $12.50.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Bar Association makes contributions to four local community groups

By Howard B. Owens

The Genesee County Bar Association recognized four local organizations today for their commitment to improving the lives of those in need in Genesee County.

Each group received a donation from the bar association:

  • CASA for Children (Court Appointed Special Advocates — providing volunteers to advocate for the needs of neglected and abused children in the county): $1,250
  • Genesee County Youth Court (Provides a peer-review system for local troubled youth as an alternative to our adult justice system.): $500
  • “People Realizing Potential” (A campaign of the Genesee ARC to assist local people with special needs.): $1,000
  • Genesee County Child Advocacy Center (Provides services for local children in need.): $1,250

Pictured, from left, front, are: Donna Feary, Justice for Children/GLOW Foundation; Shelley Faltico, Genesee ARC; Deborah Kerr-Rosenbeck, Youth Court; Tara Pariso, CASA; Attorney Charles Graney (back left), Durin Roger, president-elect of the bar association; District Attorney Lawrence Friedman; Colleen Marvel, Coordinated Justice for Children; David Saleh, bar president; and, Thomas Burggman, CASA.

Harvester Avenue burglar pleads guilty to three felony charges

By Howard B. Owens

An East Main Street resident with a record of stealing from local businesses admitted in Genesee County Court this morning that in late October he broke into a shop on Harvester Avenue and stole and then forged two checks.

The three felony counts -- burglary and two counts of possessing a forged instrument -- will send Michael J. Piasta to state prison for at least two years and perhaps as many as seven.

Piasta admitted to breaking into the building and then trying to cash two checks made out to himself, each in the amount of $1,762, at two separate branches of a local bank.

He was unsuccessful in both attempts to cash the checks.

Because the burglary and the two check-cashing attempts constitute three separate crimes, Piasta could have been facing consecutive sentences, but in a plea bargain, District Attorney Lawrence Friedman agreed to a concurrent sentence on all three counts.

His sentence also won't be enhanced by his prior felony convictions for burglary, 3rd, in 2006 and attempted assault, 2nd, in 2002.

Piasta previously admitted to burglary and petit larceny charges in Batavia City Court related to his arrests for stealing from Pandora's Boxx and Wilson Farms.

He will be sentenced in city court on those charges Dec. 2.

Previously: Man with previous thievery charges accused of burglary on Harvester Avenue

Rear-end accident reported at West Main and Lyon, Batavia

By Howard B. Owens

A two-car, rear-end accident is reported at West Main Street and Lyon streets, Batavia.

There are no reported injuries, but a mother is requesting that EMS evaluate her child who was in an child safety seat.

Batavia police and fire and Mercy EMS responding.


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Man accused of stealing timber from three Genesee County properties

By Howard B. Owens

A man who lives 143 miles from Genesee County has been nabbed in connection with a series of timber thefts from local property owners.

Donnie Eugene Hendrickson, 49, of County Route 17, Bernhards Bay, is facing two charges of grand larceny and one for petit larceny for the alleged lefts in early 2010.

Bernhards Bay is northeast of Syracuse, on the north side of Oneida Lake.

Hendrickson is accused of stealing more than $21,000 in timber.

The first alleged theft occurred Jan. 9. Hendrickson allegedly removed $1,800 in timber from Stein Farms property. He's been charged with grand larceny, 4th, for that alleged crime.

In mid-February, $19,000 in timber was reported missing from Hy Hope Farms in Stafford. Hendrickson is being charged with grand larceny, 3rd.

The petit larceny charge stems from an alleged $450 theft of timber in February from Englereth Farms, Stafford.

The cases were investigated by Deputy John Duyssen.

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