Stories from

Here are the most viewed posts for January, 2010.

• County nursing home isn't up for sale, but the option is part of a proposed study
• Teller accused of stealing $45,000 from Bank of Castile in Le Roy
• Batavia Council votes against extra level of life-saving service for city residents
• Batavia mother accused of hurting baby
• Not raising taxes might be tough, council learns in first budget session
• Bus driver from Kid Rock tour pleads not guilty to DWI charges
• Attorney in fatal accident case seeks mobile phone records from other car
• Today's Poll: Should corporations have same political free speech rights as individuals?
• Co-owner of Latina Market location says group actively trying to sell property
• Hawley asks governor not to touch snowmobile fund

Also, we set a record for most visits to the site in January, hitting 155,782. That broke the December record, which broke the August record. August is still the biggest month for unique visitors and page views.

Cold enough for you today?  When I arrived at the scene of the Merrill Road fire this morning, my truck thermometer told me it was 13 degrees. It was so cold that even normally stoic firefighters made comments about it.

Well, it should be a little warmer tomorrow -- all the way up to 20 degrees.

There's a 50-percent chance of more snow tonight and a 40 percent chance of light snow tomorrow afternoon.

By Monday, we get into some "partly sunny" weather with a high of 23 degrees.

The next real prediction for snow comes on Thursday, and a high of 27 that day.

Stay warm. Only six more weeks of winter.

Above, a picture from this morning of the vacant Sunny Brook Acres building on Drake Avenue in Oakfield.

A two-vehicle accident with two people injured has been reported at the intersection of Main and Oak, Batavia.

UPDATE 5:48 p.m.: One of the drivers is being arrested. She allegedly has "a bunch of suspensions." The arresting officer said, "We'll be getting some bail on her."

A car in a driveway at 31 Buffalo St., Bergen, is on fire.  It is reportedly close to a structure.

First responder from Bergen Fire is on scene. He describes it as "a working car fire."

UPDATE 5:31 p.m.: The fire is being held to the response of one Bergen engine.

View Larger Map

Harley sure seemed to enjoy being the center of attention today at Carlson's Studio, where he was one of several dozen pets today who posed for a professional portrait by Ameka Cooper.

The Kilner family brought in 15-month-old Harley and then helped get him posed for his shots. He was a little too excited at times to cooperate. And when a flash went off, he was sure it was something he needed to chase.

Above, Jaylene and Shay try to get Harley to settle down long enough to pose for Ameka.

Below, Dan takes on the role of calming influence on Harley.

Proceeds from today's pet portraits will benefit Volunteers for Animals.

If you had your pet portrait taken, don't forget to submit your pet to our Pet of the Week contest by sending a picture to (pets  (at)  the batavian dot com) (reassemble the e-mail address, of course).

It's ready to go and a club member told me this morning that Sno-Packers are feeling pretty confident that the Town of Alabama Board is going to approve the agreement with Genesee County this week that will enable the club to reinstall its bridge on Sour Springs Road.

Members of Genesee ARC's Challenger program had a chance to ride snowmobiles and all-terrain winter vehicles today, courtesy the Genesee Sno-Packers snowmobile club.  The annual event was held at the Sno-Packers facility on Pearl Street Road in Oakfield.

More pictures after the jump:

A barking dog alerted a 13-year-old boy and his sister to a fire in his home late this morning in Byron, allowing them both to get out of the house safely before the entire structure burst into flames.

Byron Fire Chief John Durand said the house was already fully involved and a total loss before the first fire truck arrived.

"It had a big head start on us," Durand said.

The house is located at 6137 Merrill Road and is owned by William R. Causyn. His daughter, Heidi, and son, Tyler Walls, were in the house when the fire started.

"They heard the dog bark and then saw fire and smoke inside the laundry room," Durand said. "They called 911 and got out of the house."

The cause of the fire has not yet been determined.

About dozen fire companies from Genesee, Monroe, Orleans and Livingston counties responded to the scene. The large response was necessary in part because the house is not on a street with a hydrant system, so tanker trucks were needed to shuttle water to the fire.

Upon arriving at the scene, Bergen's Deputy Chief Paul Cummings (pictured, right) acted quickly to disconnect the house's propane tank and roll it away safely from the residence.

Cummings works for Suburban Propane.

"I wouldn't just have anybody do it, but I knew he knew what he was doing," Durand said.

As for Cummings' bit of heroics, Genesee County Emergency Coordinator Tim Yaeger said, "That's what we do."

No firefighters were injured during the incident. 

Red Cross is on scene to assist the family.

Durand acknowledged the situation could have been a lot worse if the fire had erupted in the middle of the night.

"They were already up and about," Durand said. "It's not like if it was three o'clock in the morning and they had to get up and get dressed. There were able to get out as soon as somebody yelled 'fire.' At three o'clock in the morning, it's always possible it's a far different outcome."

UPDATE: We've added five pictures submitted by Ralf Kurzowski.

More pictures after the jump:

The following pictures were submitted by Ralf Kurzowski.

The State Lottery is threatening to yank video lottery terminals from Batavia Downs Casino over management issues, the D&C reports.

The D&C story lists four areas of concern:

• debt transactions without Lottery approval
• not providing minutes of board meetings
• not submitting salary reports
• discrepancies over capital expenses

The D&C reports that Western OTB President Martin Basinait declined comment on the State Lottery letter.

Two public hearings are scheduled for the Batavia City Council meeting at 7 p.m. Monday.

The first public hearing will be on the proposed 2010/2011 city budget, which includes a 1.5-percent property tax increase.

For background on the proposed budget, click here.

The second hearing will deal with a proposal to increase water rates in order to finance infrastructure improvements and maintenance.

For background on the proposed water rate increases, click here.

A public hearing is an opportunity for city residents to give input to the council on matters before the council. If you wish to weigh in on either of these topics in an official setting, this is your time to do it.

Gregory James Baker, 29, of 19 Rochester St., Bergen, is charged with criminal trespass 2nd and harassment 2nd. Baker is accused of remaining unlawfully at 17 Rochester St. on Jan. 25. Baker allegedly subjected somebody at that residence to physical contact. Baker was jailed on $1,000 bail.

Dustin David Say, 18, of 1952 North Java, Alden, is charged with criminal possession of stolen property 5th. Say was arrested in Alexander and accused of possessing stolen property stemming from a series of car larcenies in Alden.

Wesley Alan Ground, 33, of 411 Bloomingdale Road, Akron, is charged with felony DWI, driving with a BAC of .08 greater, aggravated unlicensed operation, failure to keep right and driving left of pavement markings. Ground was stopped by Deputy Jason Saile at 1:04 a.m. Wednesday on Akron Road in Pembroke. Ground was issued an appearance ticket.

Paul Mark Wieclaw, 20, of 31 Broadway St., Apt. #2, Oakfield, is charged with unlawful possession of marijuana. Wieclaw was stopped by Deputy Patrick Reeves at 7:39 p.m. on Jan. 30 in Batavia for an alleged traffic violation.

As a follow up to a previous item: On Sept. 4, the Elba Volunteer Fire Department was first responder to a roll-over accident on Oak Orchard Road. It turned out the accident was actually in Orleans County, Town of Barre. Abagail Buzard, 8, was ejected from the vehicle in that accident and was pronounced dead at UMMC. Today, Corey C. Buzard, 33, of Holley and Courtney L. Buzard, 17, of Brockport, were charged by the State Police with criminally negligent homicide.

Accidents from the State Police blotter:

7:16 p.m., Feb. 3, Wright Road, Alabama, one vehicle; Driver 1: Ricky R. Reiss, 27, of Akron. No injuries, no citations reported.

10:40 p.m., Feb. 3, Boyce Road, Pembroke, one vehicle; Driver 1: Melissa A. Chilano, 33, of Cowlesville. No injuries, no citations reported.

10:16 a.m., Feb. 2, Thruway entrance, Route 77, two vehicles. Driver 1: Cynthia S. Baase, 48, of Victor; Driver 2: Gwyn Moriarty, 50, of Chardon, Ohio. One injury, no citations reported.

12:59 p.m., Feb. 2, Lovers Lane, Town of Pembroke, two vehicles. Driver 1: Stephen J. Orel, 54, of Lancaster; Driver 2: Gene R. Uzar, 63, of Arcade. One injury, no citations reported.

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.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 each.

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.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

Jackson St. Grill/Belladessa's, 9 Jackson St., Batavia, NY: When it's time for a great hamburger, Jackson St. Grill will serve you among the best around. We have a $10 gift certificate for $5.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. 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

Twenty-nine-year-old Marcia Mitchell, a mother from Batavia, admitted in a Buffalo court yesterday that she tried to smother her child while at a Buffalo-area hospital nearly two years ago.

Mitchell entered a guilty plea to the charge of attempted first-degree assault, which carries a possible prison sentence of 15 years.

The Buffalo News reports:

Mitchell was recently hospitalized for her second jailhouse suicide attempt since her arrest. She was found mentally competent to assist in her own defense by two court-appointed mental health experts, even though she has mental problems that court officials and her lawyer refuse to discuss.

Dietrich Williams, who admitted in December that he abused an infant left in his care last summer, was sent to state prison by Judge Robert C. Noonan yesterday.

Williams was given a 12-year prison term.

The baby suffered severe head trauma after he shook the little girl and slammed her head against a hard surface in what was apparently an attempt to quiet her down.

Williams was reportedly acting as a babysitter for his girlfriend, whom he was staying with at the time.

A week before Williams entered his guilty plea, the little girl's mother wrote to The Batavian and said the child, who has needed much therapy and is likely to need help for many, many years, is doing much better.

Williams was originally charged with assault 1st, which carried a maximum sentence of 25 years in prison, but in order to facilitate a plea without a trial, District Attorney Lawrence Friedman accepted a guilty plea to attempted assault 1st, which carried a maximum penalty of 15 years in State Prison. The minimum sentence available to Noonan was three and a half years.

As part of his guilty plea, Williams had to admit to the factual circumstances of the case.

(WTBA contributed to this report.)

After State Sen. Mike Ranzenhofer's press conference today on his jobs bill, I spoke with him for a minute about his position on the governor's budget.

My question was, with all of the proposed spending cuts from Gov. David Paterson, why aren't Republicans falling more in line with supporting the governor's proposed budget. Here's what he said:

I certainly support the cuts the governor has talked about and I don't think there's been a lot of push back from Republicans. But what Republicans are concerned about is that...(if) you actually take a look at the budget -- last year it was $131 billion, this year it's $134 billion -- spending goes up this year. Not withstanding all the comments about cuts, cuts, cuts, he's actually spending $3 billion more this year in his proposed budget than what happened last year.

So that's where the criticism is, that you can't say one thing and then introduce a budget that actually increases spending by $3 billion. When you look at the fine print, that's what what it actually does. If there's been any opposition, that's where the opposition has been.

The criticism and the push back is not from the Democratic Party or the Republican Party. When you talk about his low poll numbers, these are the residents our our state who are saying this -- that's their reaction to what he has done because they've seen what he said and compared it to what he did. I mean last year, he introduced a budget that was not that bad to start off, but at the end of the day, the budget he finally adopted was $12 billion in new spending. So people are very leery about what he actually says and what actually gets enacted at the end of the budget session.

Around 6 p.m. I happened across some construction work on Park Road. I stopped and took this picture. The worker only wanted to be identified as "Welder Guy."  He said the company he's working for has a contract to put in a new sewer system for Batavia Downs.

A third arrest has been made in "The Case of the Stolen Pot" in Le Roy.

Taken into custody by Le Roy Police is Eric J. Merritt, 20, of 4070 Rose Road, Batavia. Merritt is the man suspected of trying to sell marijuana to two people in a parking lot on Lake Street on Jan. 23.

One of those people is reportedly 16 years old, so Merritt has been charged with endangering the welfare of a child. No other charges were announced by the Le Roy Police Department tonight.

James J. Santiago Jr., 30, of 31 Myrtle St., Le Roy, is accused of stealing the marijuana. Santiago turned himself into police yesterday.

After Santiago allegedly stole the marijuana, the alleged dealer brought friends in from Batavia to confront Santiago at his home at on Myrtle Street. In the ensuing fight, three people, including Ronald G. Carney, 21, of Corfu were injured. All three were hospitalized. Carney has been charged with burglary.

As many as nine people participated in the fracas -- allegedly Santiago and two friends as well as the suspects Merritt and Carney plus four of their friends.

Besides Merritt, Carney and Santiago no other arrests have been made yet.

Sen. Mike Ranzenhofer (R-61) wants to give New York businesses that hire from the ranks of the unemployed a $3,000 tax credit.

Ranzenhofer announced his proposed legislation today in Batavia at the Genesee County Career Center on East Main Street.

"It's a win, win, win situation," Ranzehofer said. "It helps people who are looking for work. It's good for employers. But it's also good for the economy."

Under the proposal, New York businesses that hire a person currently drawing unemployment benefits will get a $3,000 tax break.

There are currently 300,000 people out of work, Ranzenhofer said, and among those drawing unemployment, they are getting checks averaging $314 per week. Razenhofer said his proposed tax credit will pay for itself in 10 weeks with cost savings on unemployment benefits.

Unemployment benefits can be drawn for two years.

Ranzenhofer also said that by putting more people back to work, those people will have more money to spend, generating more tax revenue for the state.

While the tax incentive itself may not spur some employers to hire -- challenged as they are by other expenses, from health insurance, taxes and the cost of equipment upgrades -- the tax credit may be just what it takes to get other businesses to add new positions.

"To do nothing and not give them this kind of incentive, when it doesn't cost us any money, is not a good thing," Ranzenhofer said.

While it would be better to lower the tax burden on New York businesses, Ranzenhofer said, "I don't see that happening this year."

Scott Gage, executive director of the jobs center, praised the legislation.

"This is going to be an opportunity for people who have retooled their skills during this economic downturn to be hired and maybe they would have got that opportunity if not for the resources created by this tax credit," Gage said.