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Hawley announces key changes to charitable gaming laws, introduces bill to further help local groups

By Billie Owens

Press release:

In his ongoing fight to update the state’s charitable gaming laws which have prohibited events such as the Stafford Fire Department’s annual car raffle, Assemblyman Steve Hawley (R,C,I-Batavia) has introduced legislation to allow charitable organizations to accept credits cards as a form of payment for Internet sales of games of chance.

Hawley was successful in working with Gov. Cuomo to update several facets of the state’s gaming laws in this year’s budget, including expanding the definition of an “authorized organization” to include volunteer ambulance workers and organizations that have been in existence for one year, allowing television and Internet advertising of raffles and allowing personal checks to be acceptable payments for games of chance.

“While many of the state’s archaic gaming laws were updated in this year’s budget, there is still much more work to be done to protect the livelihood of our thousands of charitable organizations, churches, fire departments and non-profits across the state,” Hawley said.

“This bill would allow these groups to accept credit cards as a form of payment for raffles, resulting in higher revenues raised for these great organizations and the ability for them to sell tickets outside of the region in which the raffle is taking place. I am hopeful that we can get this passed by the end of session and I look forward to working with my colleagues in the Assembly to make that a reality moving forward.”

Law and Order: Le Roy police arrest Rochester man for allegedly selling cocaine in the village

By Billie Owens

Robert Joseph Stevenson, pictured left, 25, of Park Avenue, Rochester, was arrested on Saturday, May 27, by the Le Roy Police Department and charged with one count of criminal possession of a controlled substance, 3rd, a Class B felony, and one count of criminal sale of a controlled substance, 3rd, also a Class B felony. Juan Luis Rivera, 31, of West Main Street, Le Roy, was also arrested that day and charged with one count of criminal possession of a controlled substance, 7th, a Class A misdemeanor. At about midnight, patrols observed what appeared to be a verbal altercation occurring between two males, one of the males being Juan Rivera and the other a bouncer from a local bar, on Main Street in the Village of Le Roy. While patrols were speaking with both parties, they learned that Geneva Police Department had an active warrant for Rivera, who was taken in custody as a result of the warrant. At that time, Rivera was allegedly found to be in possession of a quantity of cocaine. Police then received information that the cocaine had been purchased in the village earlier in the evening on Friday, May 26 and they were able to identify a possible suspect. After a brief investigation, it is believed that late Friday evening Stevenson allegedly possessed a quantity of cocaine with the intent to sell and did sell said cocaine to Rivera. Rivera was issued an appearance ticket and is to appear in the Le Roy Town Court on June 12 to answer to the charge. Rivera was then turned over to the Geneva Police Department. Stevenson was arraigned then put in Genesee County Jail in lieu of $15,000 bail. Stevenson is to return to the Le Roy Town Court on June 5.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, is charged with disorderly conduct, obstruction of governmental administration, and resisting arrest.On May 27, Batavia PD responded to an address on Jackson Street for a reported disturbance. While on location, police allegedly observed McNear acting in a "violent and tumultuous way." McNear was taken into custody after a brief physical altercation. The defendant was arraigned and jailed on $1,000 cash or bond. McNear is due back in City Court this afternoon. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Foels.

Michael Bryan German, 34, of Ellicott Street, Batavia, is charged with DWI, aggravated DWI with a BAC of .18 percent or higher, and moving from lane unsafely. At about 1 a.m. on May 27, Genesee County Sheriff's Deputy Ryan Young was traveling east on Route 5 in the City of Batavia when a Ford pickup truck allegedly moved from its lane unsafely, almost striking Deputy Young's vehicle. Deputy Young initiated a traffic stop on the pickup truck. After a brief investigation of the driver, German was taken into custody and charged as noted. German was issued appearance tickets and released. The defendant is due in City Court on June 21 to answer the charges.

Darazian "Willie Paul" Williams, 23, of West Main Street, Batavia, is charged with criminal possession of a controlled substance in the 7th degree and failure to keep right. At 7:29 p.m. on May 25 on Alexander Road, Alexander, Williams was arrested following a property damage accident. He allegedly possessed amphetamine pills at the time. He was issued an appearance ticket for Town of Alexander Court on June 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Sgt. Jason Saile.

Chris Kaboingo Mukendi, 28, of Mill Street, Le Roy, is charged with criminal possession of a controlled substance in the seventh degree. Mukendi was arrested at 7:29 p.m. on May 25 on Alexander Road in Alexander followinf a property damage accident. Mukendi allegedly possessed amphetamine pills at the time. The defendant was issued an appearance ticket for Town of Alexander Court on June 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Sgt. Jason Saile.

Alan P. Ellis, 36, of Woodstock Gardens, Batavia, is charged with criminal contempt in the second degree -- violating a valid order of protection. Ellis allegedly sent text messages to a protected party on Ellsworth Avenue, Batavia, in violation of a duly served order of protection out of Batavia City Court. He was subsequently arrested and jailed in lieu of $1,000 bail. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Peter Flanagan.

Philip S. Pompey, 28, of Lark Street, Buffalo, is charged with aggravated unlicensed operation of a motor vehicle, 3rd. He was arrested May 27 on a warrant out of City Court and is due in City Court this afternoon. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Darryle Street.

Katrina L. Thigpen, 34, of Thrope Street, Batavia, is charged with offering to file a false instrument in the first degree and issuring a false financial statement with intent to defraud. Thigpen was arrested at her residence after she allegedly provided GC Probation Department with false NYS and Federal tax return information on May 15. She was issued an apearance ticket and released. She is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Paul E. Tenney, 71, of East Morganville Road, Stafford, responded to Batavia Police Department Headquarters on his own accord after a bench warrant was issued. He was subsequently arrested for NYS Fire Code violations, which allegedly occured at 198 Ellicott St. at 1:30 p.m. on May 19. He is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

A 17-year-old who lives on Slocum Road, Perry, is charged with unlawful possession of marijuana. Following a complaint on May 28 at 9:54 p.m. on Veterans Menmorial Drive, the defendant was arrested for allegedly possessing a small quantity of marijuana and issued an appearance ticket for Town of Batavia Court on June 26. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Ryan DeLong.

Box truck stuck under Prole Road Extension railroad overpass, Stafford

By Billie Owens

A box truck is stuck under the Prole Road Extension railroad overpass in Stafford, or as a dispatcher says it "may now be unable to vacate from underneath it." Stafford fire is dispatched to the scene in case firefighters can help.

UPDATE 1:09 p.m.: The driver managed to get his vehicle out from under the bridge by the time law enforcement arrived. A State Trooper said the driver will be cited for disobeying the height limit sign, which states the maximum clearance is 10' 8"; the box truck involved had a height of 11' 7".

Grand Jury: Woman accused of seriously injuring disabled person in car accident and failing to stop or report it

By Billie Owens

Nicole K. Sullivan is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on June 10 in the Town of Stafford, Sullivan recklessly caused serious physical injury to a male victim by means of a motor vehicle. In count two, she is accused of the crime of endangering the welfare of an incompetent or physical disabled person in the first degree, a Class E felony. In count two, it is alleged that Sullivan knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a person who was unable to care for himself because of physical disability, mental disease or defect. In count three, Sullivan is accused of leaving the scene of an accident without reporting it, a Class E felony. In count three, Sullivan allegedly drove a motor vehicle and caused serious personal injury to a male victim and failed to stop, and when no police officer was in the vicinity of the place where injury occurred, she failed to report the incident as soon as physically able at the nearest police station.

Shannon M. McGill is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on July 30 in the Town of Stafford, McGill operated a 2013 Ford on Main Road while in an intoxicated condition. In count two, she is accused of driving while intoxicated per se, as a misdemeanor. It is alleged in count two that she had a BAC of .08 percent or more at the time. In count three, she is accused of second-degree vehicular assault, a Class E felony, for allegedly causing serious physical injury to a male victim as a result of driving while intoxicated. In count four, McGill is accused of second-degree vehicular assault, another Class E felony, for allegedly having a BAC of.08 percent higher at the time she caused serious physical injury to the victim.

Brandon S. Beil is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Feb. 18 in the Town of Le Roy, Beil operated a 2009 Chevy on Clay Street while in an intoxicated condition. In count two, Beil is accused of resisting arrest, a Class A misdemeanor, for allegedly intentionally preventing or attempting to prevent a law enforcement officer from making an authorized arrest.

Law and Order: Wood Street man accused of using public computer to view child pornography

By Billie Owens

Robert R. Richmond, 53, of Wood Street, Batavia, is charged with possessing an obscene sexual performance by a child less than 16, and possessing a sexual performance by a child less than 16. Richmond was arrested following an investigation and he is accused of using a publicly accessible computer to view child pornography. The incident occured at 10:15 a.m. on Jan. 20 at an unspecified location in Batavia. Richmond was issued an appearance ticket for City Court at 1 p.m. next Tuesday, May 23. The case was investigated by Batavia Police Det. Eric Hill. (According to Batavia PD, no mug shot is available of the defendant.)

Charles Gregory Monacelli, 43, of West Bacon Road, Albion, is charged with petit larceny. On May 13 at 10:30 a.m., while attending Bontrager's Auction on Wortendyke Road in the Town of Batavia, he allegedly removed a tailgate from a pickup truck that was parked on the side of the road and drove off with it. He was arrested on May 14 and is due in Town of Batavia Court on June 13. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

Roy Derwood Hooten, 56, of South Main Street, Oakfield, is charged with promoting prison contraband. Hooten was jailed on May 16 at 3:40 p.m. for an unspecified reason and when he entered the jail he had a walking cane, according to the Sheriff's report. Allegedly later than evening, the cane was found to contain 10 cigarettes. Today, he was charged with promoting prison contraband. Hooten is due in City Court on May 30 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Joseph Loftus.

Matthew Brian Starowitz, 28, of Whitney Mill Road, Elba, is charged with unlawful possession of marijuana and a muffler exhaust violation. Starowitz was stopped at 11:42 p.m. on May 12 on Byron-Holley Road, Stafford, following the observation of a vehicle and traffic violation. The defendant allegedly possessed a quantity of marijuana on his person at the time. He was issued an appearance ticket for Town of Stafford Court on June 16. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Howard Wilson.

Bryan Charles Greek, 31, of Electric Avenue, Rochester, is charged with unlawful possession of marijuana. At 1:40 a.m. on May 13, the defendant was arrested for unlawful possession of marijuana following a traffic stop on Clinton Street Road in Stafford. He allegedly possessed a "rolled cigar" containing marijuana. Greek was issued an appearance ticket for June 16 in Town of Stafford Court. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Ryan Young.

Car vs. motorcycle accident reported on Route 33 at Horseshoe Lake Road, Stafford

By Howard B. Owens

Two injuries are reported in a car vs. motorcycle accident on Route 33 at Horseshoe Lake Road, Stafford.

Stafford Fire and two Mercy EMS ambulances are dispatched.

UPDATE(S)(By Billie) 1:12 p.m.: Traffic control requested by Stafford command to Route 33 and Prole Road.

UPDATE 1:13 p.m.: Mercy Flight #5 is called to the scene and a landing zone is being established.

UPDATE 1:26 p.m.: Mercy Flight #5 has landed. The passenger and driver of the motorcycle suffered non-life-threatening injuries. The driver of a Kia Soul appears to be uninjured. According to a witness at the scene, the Kia stopped at the intersection, started to move, stopped again, then pulled directly in front of the motorcycle, which T-boned the car. The witness said "I couldn't believe it." The motorcycle left a long skid mark on the roadway prior to the crash.

UPDATE 1:32 p.m.: Traffic control was moved to Route 33 and Seven Springs Road. The damaged motorcycle is stuck in the roadway and won't roll so a tow truck has been called to remove it.

Law and Order: Teens accused of taking a sledgehammer to picnic table in Hickory Park

By Howard B. Owens

Two 16-year-olds, one a resident of Jerico Road, Bergen, and the other a resident of Shady Lane, Batavia, are charged with criminal mischief, 3rd. The youths are accused of using a sledgehammer to damage a concrete picnic table and bench seats in Hickory Park, Bergen, causing more than $250 damage.

Brian Wayne Giambrone, 27, of Byron Holly Road, Byron, is charged with unlawful possession of marijuana. Giambrone was stopped at 11:42 p.m., Friday, on Route 237, Stafford, by Deputy Howard Wilson.

Ahmed Dhalfallah Alshami, 37, of Ludington Street, Buffalo, is charged with aggravated unlicensed operation, 2nd. Alshami was arrested on a warrant for alleged failure to appear on his case in Pembroke Town Court. He was jailed on $3,000 bail or $5,000 bond.

Tony Gene Marsh, 47, East Boston Road, Mamaroneck, is charged with unlawful possession of marijuana. Deputy Jeremy McClellan was dispatched Lewiston Road, Alabama, to check on a report of a suspicious vehicle in the lane way of a farm field. Marsh was allegedly found in possession of marijuana and smoking paraphernalia.

Stephanie Ann Bonin, 22, of Denio Street, Batavia, is charged with petit larceny. Bonin was arrested on a warrant for alleged violation of probation and jailed on $5,000 bail.

Grand Jury: Man indicted for two felony burglaries in Pavilion and Stafford

By Billie Owens

David L. Handley Jr. is indicted for the crime of third-degree burglary, a Class D felony. On Feb. 12, it is alleged that the defendant entered a convenience store on Telephone Road in the Town of Pavilion with the intent to commit a crime. In count two, it is alleged that on the same day, Handley commited the same crime at a construction company on Route 237 in the Town of Stafford. In count three, Handley is accused of petit larceny, a Class A misdemeanor, for allegedly stealing "a white trash can and tools" from the construction company in Stafford.

Tracy A. Hilton is indicted for the crime of first-degree criminal contempt, a Class E felony. On Feb. 18 in the Town of Alexander, the defendant allegedly violated a duly served order of protection to stay away from a certain person. In Special Information filed with the indictment, District Attorney Lawrence Friedman accuses Hilton of having been convicted of the same crime within the previous five years, on June 2, 2014.

Judge almost rejects guilty plea of drug dealer before sending him to jail

By Howard B. Owens

A Stafford resident came close to seeing his prior guilty plea to a drug-dealing charge rejected by Judge Charles Zambito because of information contained in a pre-sentence report.

A letter from the Sheriff's Office said the activities of Jeffery D. Torrey Sr., give indications that he has been dealing drugs recently and a letter from Torrey's wife said he travels around with a bodyguard. 

"This is not a favorable PSI," Zambito told Torrey, before saying he did consider rejecting his prior guilty plea.

Instead, Zambito sentenced Torrey to six months in jail and five years probation.

Torrey had previously entered guilty pleas to criminal possession of a controlled substance, a felony, and criminal possession of a weapon, 4th, a misdemeanor. 

The Local Drug Task Force executed the warrant on Torrey's home in October. Agents found a grow operation inside his residence, a quantity of marijuana and cocaine, a set of metal knuckles, a gravity knife and U.S. currency.

Torrey made no statement when asked, prior to sentencing.

Undersheriff Greg Walker was head of the task force at the time and wrote the letter in the pre-sentence report expressing concern about Torrey's activities.

Zambito said he took the letter seriously.

"The Sheriff's Department doesn't often take a stand," Zambito said.

Law and Order: Bank Street resident accused of using camera to peep on woman

By Howard B. Owens

Gannon D. McNall, 20, of Bank Street, Batavia, is charged with unlawful surveillance, 2nd. McNall is accused of setting up a camera to record a female acquaintance for the purpose of sexual arousal and/or gratification. He was jailed on $5,000 bail. He was also arrested on a warrant for alleged failure to appear on an unrelated incident.

Brandon James Nugent, 23, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, moving from lane unsafely and failure to keep right. Nugent was allegedly found asleep at the wheel of his running vehicle while it was parked on the shoulder of Sweetland Road, Stafford, at 6:28 a.m. Saturday, by Deputy Eric Meyer. When the deputy approached and woke Nugent, he reportedly put the vehicle in gear, drove east on Sweetland in the wrong lane and drove the vehicle off the north shoulder of the roadway. Deputy Meyer completed a field sobriety test and allegedly found Nugent in possession of marijuana during the investigation.

A 16-year-old resident of Trumbull Parkway, Batavia, is charged with petit larceny. The youth is accused of stealing money from a safe inside a residence where he was living at the time.

A 16-year-old resident of Wood Street, Batavia, is charged with harassment, 2nd. The youth allegedly threw scissors at another person striking the person in the back.

Joseph Marsceill, 32, of Lewis Place, Batavia, was arrested on a warrant. Marsceill was located during a home check by Probation and taken into custody by Batavia PD.

Jolynn M. Gorski, 37, of West Main Street Road, was arrested on a warrant for alleged failure to comply with court-ordered program or service. Gorski was jailed on $1,000 bail.

Priscilla M. Donahue, 38, of Liberty Street, Batavia, was arrested on a pair of warrants. Donahue was arrested by Batavia PD after being located in City Court on an unrelated matter. She was released under supervision of Genesee Justice.

Jacob L. Hernandez, 22, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear. Hernandez turned himself in.

Elizabeth A. Hicks, 34, of Jackson Street, Batavia, is charged with petit larceny. Hicks is accused of shoplifting at Tops on April 21. She was jailed on $1,500 bail.

Lori A. Keech, 46, of Main Road, Stafford, is charged with petit larceny. Keech is accused of shoplifting from Tops on April 12.

Kevin J. Weber, 46, of Columbia Avenue, Batavia, is charged with harassment, 2nd, criminal obstruction of breathing, disorderly conduct, and resisting arrest. Weber was arrested following a report of an incident at 12:26 a.m. April 23 on Columbia Avenue, Batavia. He was jailed on $2,500 bail.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, is charged with riding a bicycle on a sidewalk, inadequate lights, no bell/signal device. McNear was stopped at 8:12 p.m. April 26 at 10 Ellicott St., by Officer Arick Perkins.

Dander J. Cramer, 18, of Route 46, Dansville, is charged with riding a bicycle on a sidewalk. He was stopped at 8:34 p.m. April 26 at 117 Jackson St., Batavia, by Officer Peter Flanagan.

Gregory M. Munroe II, 29, of Harvester Avenue, Batavia, is charged with driving with a suspended registration and aggravated unlicensed operation, 3rd. Munroe allegedly failed to appear in City Court on these charged.

Lisa M. Burke, 48, of Maple Avenue, Batavia, is charged with petit larceny. Burke is accused of shoplifting at Kwik Fill on Jackson Street.

Haley Marie Findley, 24, of Mt. Read Boulevard, Rochester, is charged with unlawful possession of marijuana. Findley was charged following a traffic stop at 8:40 p.m. Friday on Judge Road, Alabama, by Deputy Micheal Lute.

Jason William Whitehead, 19, of Batavia Oakfield Townline Road, Oakfield, is charged with unlawful possession of marijuana, unlicensed operator, moving from lane unsafely, expired inspection and failure to use signal. Whitehead was stopped at 11:43 a.m. Saturday on Pratt Road by Deputy Michael Lute.

Brush fire reported on Fargo Road in Stafford

By Billie Owens

A possible illegal burn, a brush fire, is reported at 9002 Fargo Road, Stafford. Stafford firefighters are responding.

UPDATE 2:15 p.m.: Law enforcement is called to the scene.

Volunteer firefighters open their bay doors to visitors this weekend

By Howard B. Owens

Eight local volunteer fire companies are holding open houses this weekend and I was able to drop in on a couple of them today, though by the time I got to Stafford, things were just wrapping up. But the Perkins kids were still there, so we thought, we'll get a picture of them inside one of the fire trucks.

Carter, 4, was pretty done for the day and not really into it. One-year-old Elli was having none of it, but older sister Leyna, 7, was all smiles.

Below are pictures from Bethany and Town of Batavia.

Here's a list of tomorrow's open houses:

Byron Fire Department
6357 E. Main St., Byron
Sunday, 11 a.m. to 4 p.m.
Fire-related demonstrations; mutual aid exercises, plus blood pressure checks, truck tours and trying on gear.

East Pembroke Fire Dept.
2623 Main Road, East Pembroke
Sunday, 9 a.m. to noon

Elba Fire Department
4 S. Main St., Elba
Sunday
Equipment displays and station tours.

To find out more about supporting your local fire department, visit ReadyGenesee.com.

Woman accused of lying about SUV being involved in pedestrian accident on Route 33

By Howard B. Owens

A Brockport woman has been charged with offering a false instrument for filing in connection with a motor-vehicle accident where she allegedly gave false information about another vehicle hitting a pedestrian on Route 33 in Stafford.

Katelyn Marie Brown, 23, of Falling Leaf Trail, Brockport, is accused of saying a silver SUV struck the pedestrian at 3:21 p.m., March 19.

Brown allegedly told deputies that a silver SUV had been driving in front of her and struck the pedestrian before leaving the scene.

There's no evidence a silver SUV was involved in the accident.

Brown had previously been issued citations for alleged aggravated unlicensed operation, 2nd, failure to use due care and caution for a pedestrian, and moving from lane unsafely. 

The accident was investigated by investigators Chad Minuto and Joseph Graff.

Driver accused of leaving disabled passenger at scene of accident in June

By Howard B. Owens

     Nicole Sullivan

A 31-year-old resident of Wyoming has been arrested and accused making up information about a car-tree accident at 2:35 a.m., June 10, on Fargo Road, Stafford, where a disabled passenger was seriously injured.

Nicole Kimberly Sullivan, 31, of North Main Street, Wyoming, is charged with assault, 2nd, endangering the welfare of an incompetent or physically disabled person, falsely reporting an incident, and operator leaving the scene of an accident with injuries. 

Sheriff's Office investigators say that following the accident, Sullivan was the actual driver of the vehicle, even though she initially told responders that the driver had left the scene. Firefighters and deputies then conducted an extensive search of the area for the possible driver, both to locate the driver and out of concern that the driver could be injured.

Later that morning, Sullivan admitted to deputies that she was the driver of the vehicle.

The passenger, Zachery W. Schwarts, 20, was transported by Mercy Flight to Strong Memorial Hospital.

Investigator Joseph Graff and Deputy Eric Meyer, who assisted in the investigation, assert that Sullivan failed to report the accident as soon as she was physically able to do so and that she failed to make timely notification of the need for medical assistance for the injured passenger.

Sullivan was also issued citations for driving left of pavement markings, unlicensed operator, aggravated unlicensed operation, 3rd, failure to notify DMV of address change, no seat belt, and unregistered motor vehicle.

Also assisting in the investigation, Sgt. John Baiocco.

Top Photo: File photo.

Mercy EMS planning to build new, larger facility north of the Thruway off Route 98

By Howard B. Owens

Mercy EMS is finding its current ambulance staging area at St. Jerome's on Bank Street a little cramped and not conducive to keeping ambulances ready to roll in all kinds of weather, so it's planning a new 11,500 square foot facility off Route 98, just north of the Thruway, in the Town of Batavia.

The new facility will cost about $2 million and the site plan was reviewed and recommended for approval last night by the County Planning Board.

"There’s no space," said Mercy EMS General Manager Bill Schutt of the current location. "We’re in essentially four old hospital rooms there. There’s very limited parking space, obviously, if you’ve been there. In winter times, it’s especially difficult. Ambulances have fluids in them, medications that need to be kept warm, so you’re trying to run heaters inside them to warm them while parked outside. We don’t have any space there to hold meetings, do training, any additional private spaces, very limited crew space."

The new facility will have eight interior parking bays and additional spaces with electrical hook-ups for ambulances to park outside in emergency overflow situations.

The location, 2.2 acres being split out from an 8.6 parcel, is part of the Gateway II project on Call Parkway, just off of Oak Orchard Road.

Schutt said the new location will have no effect on response times.

There will also be expanded crew space, a meeting and training room.

The new location will also include a purchasing department that will house regional purchasing for Mercy Flight.

Also on Thursday's agenda:

  • The board recommended approval of two new commercial buildings on a parcel just north of Home Depot, abutting the Thruway, at 4181 Veterans Memorial Drive. The buildings will be a 12,600 square foot facility that will house medical offices and a 7,500 square foot building that will contain three spaces. Two will be restaurant spaces. The $1.2 million project is being undertaken by Holland Trotta out of Rochester.  A spokesman for the developer told planners that the large space was originally intended for a well-known local restaurant, but those plans changed. The signage on the architectural drawings in the planning board packet for the smaller building show an urgent care business and a Mexican chain restaurant, Qdoba Mexican Eats.
  • The board recommended approval of a conditional use permit for 17.4-acre, 2-megawatt solar farm at 2901 Pearl Street Road, Batavia. 
  • The board recommended approval of a nine-month moratorium on the planning and construction of solar farms in Stafford, giving officials time to review policies and zoning plans for such facilities.
  • The board recommended approval of a site plan review for a new 29,456 square foot paddock at Batavia Downs to be constructed on the east side of the race track. The previous paddock was removed to make room for construction of the new hotel. Currently, stables, are being used for paddock space. Paddocks are where horses and drivers are prepared for each race and return to after the race for washing and testing (winning horses are tested for banned substances, as required by the gaming commission). 

Law and Order: 62-year-old man charged with drug possession

By Howard B. Owens

Robert E. Merritt, 62, of East Main Street, Batavia, is charged with: two counts of criminal possession of a controlled substance, 7th; possession of a hypodermic instrument; and controlled substance not in original container. Merritt was arrested following a complaint at 6:23 a.m. of an incident on Hutchins Place. He was jailed on $1,000 bail or $2,000 bond. 

A 17-year-old resident of Holland Avenue, Batavia, is charged with petit larceny and burglary, 3rd. The youth is accused of entering Speedway after being previously barred from the store and stealing merchandise.

Kelli E. Wallace, 54, of Swan Street, Batavia, is charged with petit larceny. Wallace was arrested on a warrant stemming from an alleged theft at Kwik Fill on Ellicott and Jackson streets.

Nikayla C. Jackson, 19, no permanent address, was arrested on a warrant for alleged failure to appear in City Court. She was jailed on $5,000 bail or $10,000 bond.

Eric J. McGill, 33, of Porter Avenue, Batavia, is charged with harassment, 2nd. McGill is accused of threatening a neighbor. 

Gregory A. Burgess, 24, of Bowen Road, Attica, is charged with harassment, 2nd. Burgess is accused of grabbing another person during an argument.

Alex Isaac, 27, of East 83rd Street, Brooklyn, is charged with criminal contempt, 2nd. Isaac allegedly sent text messages to a protected party in violation of a court order.

Amar S.M. Zainelabdin, 29, of Affinity Lane, Buffalo, is charged with unlawful possession of marijuana, no headlights and suspended registration. Zainelabdin was stopped on Ellicott Street at 9:02 p.m. Friday by Officer Arick Perkins.

Sean M. Madigan, 31, of Collegeview Drive, Batavia, was arrested on a warrant for alleged failure to appear. Madigan was arrested following an anonymous tip on his location. He was jailed on $500 bail.

Tammy Marie O'Shea, 45, of Main Road, Stafford, is charged with criminal trespass, 3rd. O'Shea is accused of trespassing at an apartment complex on Main Road, Stafford, at 2 p.m. on Jan. 22.

Shana Lee Sullivan, 25, of Griswold Road, Stafford, is charged with unlawful possession of marijuana. Sullivan was charged following a traffic stop at 9:48 p.m. Tuesday on Griswold Road, Stafford, by Deputy Brian Thompson.

Women seriously injured after being struck by car on Route 33, Stafford

By Howard B. Owens

A driver who initially claimed she wasn't the one who struck a pedestrian in Stafford, causing the woman serious injuries, was issued traffic tickets related to the accident on Route 33 at 12:28 p.m., Sunday.

Cited was Katelyn Brown, 23, of Falling Leaf Trail, Brockport. She was also arrested on an unrelated warrant and turned over to Ogden PD.

Brown was issued tickets for aggravated unlicensed operation, 2nd, moving from lane unsafely and failure to use due care approaching a pedestrian.

The name of the woman who was injured was not released, but she reportedly suffered serious injuries and was transported by Mercy EMS to University of Rochester Medical Center. 

The original report was for a pedestrian struck by a vehicle with the vehicle leaving the scene, followed by a report of a car leaving the roadway, traveling into a ditch and striking a utility pole.

Brown reportedly told deputies when they first arrived that another car had struck the pedestrian and that she drove off the road when she became scared after seeing the accident.

Upon further investigation, deputies determined that Brown was the alleged driver who struck the woman with her vehicle.

The accident is being investigated by Deputy Andrew Hale, Investigator Joseph Graff and members of the Crash Management Team. 

Stafford fire assisted at the scene.

Accident with injuries reported on Clinton Street Road, Stafford

By Billie Owens

A motor-vehicle accident with injuries is reported in the area of 6150 Clinton Street Road. It's between Caswell Road and Route 237. Stafford Fire Department is responding along with Mercy medics. Responders are told to use caution upon approach because a utility pole "may be involved."

UPDATE: Two flatbed tows are called. National Grid is responding to repair a damaged pole. Sheriff's deputies are on scene. The Crash Management Team is called in. A patient(s) was transported to Strong Memorial Hospital University of Rochester Medical Center. The Stafford fire assignment is back in service.

Local landlord enters guilty plea to falsifying a business record

By Howard B. Owens

James Pontillo, who operates a residential rental company in the city, agreed to a plea deal today over an allegation that he falsified business records related to a residence he was operating as a rental after his sister died.

The 49-year-old Stafford resident entered a guilty plea to second-degree falsifying business records, a misdemeanor, and faces up to a year in jail when sentenced.

He also agreed to pay $2,550 in restitution.

The plea satisfies several initial charges, including forgery and grand larceny.

Fred Rarick, attorney for Pontillo, previously explained to The Batavian that the charges stemmed from a dispute over how Pontillo handled the estate of his late sister, who died in 2012. Pontillo was accused of providing false information to Pathstone on paperwork related to Section 8 housing.

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