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Bags of dead livestock found in cornfield in Byron

By Howard B. Owens

The Sheriff's Office is investigating the strange case of bags full of dead animals being left in a cornfield near the intersection of Merriman Road and Cook Road in the Town of Byron.

With little information to go on, the Sheriff's Office is asking the public's assistance to help investigators determine where the animals came from and why the remains wound up where they did.

Deputies responded Friday after receiving a call about the garbage bags in the field. Deputies located several bags filled with dead animals, including pigs, two small calves, along with other animals.

It's not clear how the animals died.

Animal Control officers along with investigators from Lollypop Farm Humane Society in Monroe County and Orleans County Dog Control are assisting in the investigation.

Anyone with information is asked to call the Sheriff's Office at (585) 343-5000.

Resident's 'trash talking' triggers sharp replies from a couple of City Council members

By Mike Pettinella

City Council members on Monday night took a defensive stance after a resident inquired into why his trash pickup schedule had been changed.

John Roach, speaking during the public comments portion of the Conference Meeting at City Hall, said his trash day was moved from Wednesday to Monday and when he asked the (Waste Management) driver, he was told that the change came from City officials.

“Whose idea was it to mandate (change)?” Roach asked. “Did City Council direct anybody to do this? What did they mean by required or made to do it?”

Since he was the only speaker from the public, Council’s response came quickly.

“Since we privatized garbage pickup, people complain that there is trash pickup every day of the week,” John Canale said. “We charged the city manager (Martin Moore to look into it) so we don’t have garbage picked up every day.”

After Council President Eugene Jankowski noted that this issue was discussed at a public meeting, Moore provided additional details.

“We were approached with concerns that several streets had pickups four to five days a week,” he said. “The public works director and I sat down (to see) what schedules can help reduce that down to a couple days per week.

Moore said his communication with the four trash companies was positive with three of them indicating that something could be worked out.

He said that Waste Management stated they “will handle it with their customers, and hopefully other companies will be contacting their customers. The closer we get to one or two days a week on each street, the better off we’ll be.”

Jankowski said that the people on the trucks may not be aware of what their company has done.

“At this point, the complaining will continue and we’ll address them as we can,” he said. “We’d rather not have to make an ordinance … let them (trash collection businesses) manage themselves.”

Following the meeting, Roach seemed to be taken aback by the abrupt response, telling this reporter that he wasn’t really complaining but was looking for an explanation.

Chamber and SCOPE to host legislative review at GCC on Oct. 1

By Billie Owens

Join regional lawmakers for a legislative session review from 6 to 8 p.m. on Tuesday, Oct. 1st, inside the Stuart Steiner Theatre at Genesee Community College, 1 College Road, Batavia.

This event is sponsored by The Genesee Chamber, The Orleans Chamber and Genesee County S.C.O.P.E. (Shooters Committee on Political Education).

It is free and open to the public.

This is an opportunity for local people to ask questions about a variety of topics that may include:

  • Second Amendment/ Red Flag Law
  • Farm Labor Bill
  • Marijuana Legalization
  • Criminal Justice Reforms
  • DREAM Act

Elected representatives on hand to answer questions:

  • Assemblyman Steve Hawley
  • Assemblyman David DiPietro
  • Assemblywoman Marjorie Byrnes
  • Assemblyman Mike Norris
  • Senator Patrick Gallivan
  • Senator Robert Ortt
  • Senator Michael Ranzenhofer

City fire flushing hydrants on East Main Street, North Street and Naramore Drive

By Billie Owens

Press release:

The City of Batavia Fire Department will be flushing fire hydrants now through Sept. 26th from approximately 9 a.m. to 3 p.m. the general area of East Main Street, North Street and Naramore Drive.

Homes and businesses nearby will be affected. These tests may result in temporary discoloration of water in that area.

As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

This annual testing is essential to maintain the communities class III Insurance Service Office (ISO) public protection classification, and to assure that hydrants are operating efficiently for fire protection purposes.

Along with maintaining the fire rating the test monitors the health of the city’s water system, identifies weakareas in the system, removes material that settle in the hydrant and cleans out the lines. Checking each hydrant improves crew knowledge of hydrant locations.

If you have any questions, or should at anytime notice a hydrant in need of repair, please contact the fire department at 585-345-6375.

UPDATED: Kitchen fire reported at Islands Hawaiian Grill overnight

By Howard B. Owens

An alarm of fire at the Islands Hawaiian Grill at 11:55 p.m., Monday night, turned out to be a real fire.

Fire Chief Stefano Napolitano says fire crews arrived on scene at 11:58 p.m. to finda working fire in the kitchen of the restaurant, which is located at 60 Main St., Batavia.

The restaurant opened about a month ago.

The sprinkler system had been activated by the time crews arrived. That helped contain the fire, Napolitano said. Crews attacked the fire and it was contained to the kitchen area but the restaurant experienced smoke and water damage.

The cause and origin of the fire are under investigation. 

City fire was assisted by Batavia PD, DPW, and Emergency Dispatch.

UPDATE 10:41 a.m.: Cait Kunichika, who operates the restaurant with her partner, Kourtney, said they anticipate being able to reopen by this weekend. They are waiting to speak with their insurance company. Cait said it was a small kitchen fire and the sprinkler system helped contain it. The restaurant was closed when the blaze began and investigators don't know the cause yet, she said.

Jankowski: Council focusing on city-owned downtown property for new police facility

By Mike Pettinella

Batavia City Manager Martin Moore’s recommendation to City Council to allocate $175,000 into the Facility Reserve fund tonight has put the municipality’s intention to construct a new police station back into the public eye.

Moore, reporting at Council’s Business Meeting at City Hall, presented his proposal on where to distribute $1.3 million in unassigned fund balance, targeting eight different general reserve funds – Police Equipment, Fire Equipment, Public Works, Sidewalk, Compensated Absences, Parking Lot, Administrative and Facility.

Calling the practice of funding reserves “a critical part of sound financial and project planning,” Moore centered his reasoning on a simple premise – “the more money we have on hand, the less we have to borrow.”

In the case of the Facility Reserve fund, he called for $175,000 to be added to the current balance of $123,400 in anticipation of a new police facility at a cost of $6 to $8 million, to be paid for with a mix of reserves and municipal bonding.

“There are a number of steps involved … expenses leading up to construction,” he said.

Following the meeting, City Council President Eugene Jankowski was asked to provide an update on the status of the new police station. While not identifying the property specifically, he said Council is looking a parcel in the center of the City that already is owned by the City.

A reliable source indicated that the property is the city-owned parking lot bordering Alva Place and Bank Street, the current site of the Downtown Batavia Public Market.

Back in June 2015, the parking lot was the second choice of a task force of several City residents charged with exploring sites for the new police station; a privately owned parcel at 35 Swan St. was the first choice. Task force members, at the time, said that businesses in the vicinity of the Alva Place lot opposed the idea of putting police headquarters there.

Jankowski said Council is "working to make sure that property is going to fit our needs and not affect other properties in the area, so we’re doing a study on that – an internal study."

He added that the City’s debt situation is a major factor in the timeline.

“We’ve done research on our debt and we know that a lot of our debt is going to come free – we’re going to be paying off the City Hall, we’re going to be paying off the stadium, Muckdogs (Dwyer) Stadium,” he said.

“All those things are going to be off debt and that will allow us now to take on the new debt of the police department. So, as debt comes off, the police department will go on, and we’ll have pretty much an even balance. We’re not going to borrow more money while we still owe money.”

Jankowski said the process will take about two years.

“About that time when we’re able to borrow that money, we’ll be ready to go, (and) we can start that construction,” he said. “It’s going to take another 18 months to actually build the building, so we’re talking a minimum of maybe two to two and a half years from today before we start seeing an actual building in place – hopefully.”

He said he didn’t want to disclose the site because “it would probably get people concerned that don’t need to be because we don’t know if we’re even going to do that yet. But we have a good idea where we’d like to build.”

In the meantime, Moore said that part of the Facility Reserve money would be used to repair heating, wiring, plumbing and structural work at the current police station in the old City Hall to keep the current building usable for the next five years.

“We’re planning for the worse-case scenario,” Moore said.

Summarizing his recommendations for the other reserve funds:

-- Police Equipment: Add $20,000 to the balance of $12,761 for aid in the purchase and equipping of an armored vehicle for the emergency response team (to replace its current non-armored vehicle).

-- Fire Equipment: Add $35,000 to the balance of $190,180 to support the department’s fire apparatus replacement plan (which can cost up to $1 million).

-- Public Works: Add $220,000 to the balance of $194,013 to fund a $300,000 purchase for a heavy-duty snowplow and pickup truck with a plow and spreader.

-- Sidewalk: Add $50,000 to the balance of $1,869 to facilitate replacement of more than 500 linear feet of broken sidewalk during the 2020-21 fiscal year. Moore said City crews installed 24,000 feet of sidewalk this past year.

-- Compensated Absences: Add $400,000 to the balance of $18,567 due to an expected cost of $306,000 to compensate a large number of planned retirements this fiscal year and five more who become eligible through 2023.

-- Parking Lot: Add $100,000 to the balance of $46,721.97 as the City plans to spend $135,000 on parking lot improvements from 2020-22.

-- Administrative: Add $300,000 to the balance of $4,136 to address upgrades of the City’s information technology, telephone system, computer network distribution system and cyber security needs as well as management of the City’s software conversion and repayment of a short-term bond anticipation note (BAN).

Moore also said the City plans to increase its Workers’ Compensation self-insurance fund, with a goal of in excess of $1 million due to a deductible of $750,000 per incident.

City Council agreed to move Moore’s proposal to its Business Meeting on Oct. 15, where a vote on the resolution is expected.

The board also advanced to the Business Meeting the following resolutions:

-- Acceptance of a pair of grants to the fire department – one for $4,762 to purchase outside noise-cancelling wireless communication headsets and the other for $3,200 to support the child safety seat program.

-- Permanently keeping four 400-watt light fixtures, at an annual cost of $700, on Central Avenue, Watson Avenue and State Street – lights that originally were rated at 100 watts. DPW Director Matt Worth said that National Grid requires City Council action to make this happen, noting that the wattage was increased to deter criminal activity and with the safety of officers in mind.

-- Authorizing an easement for Charter/Time Warner to install underground communication cable in the Court Street parking lot, along the property line of businesses on Main Street that currently do not have high-speed communication access.

-- Amending the zoning code to include self-storage facilities in I-1 and I-2 zones and setting a public hearing for Nov. 12. This became an issue about eight months ago when Peter Yasses (54 Cedar St. LLC) requested to erect a self-storage business on Cedar Street, across from the DeWitt Recreation Area.

The City Planning & Development Committee and Genesee County Planning Department reviewed the request and recommend permitting public storage units/building in the Industrial zones with the issuance of a special use permit.

-- Authorization of a lease agreement with Batavia Players theatrical troupe for three parcels at the City Centre, an agreement that calls for the nonprofit organization to pay rent on a scale ranging from $1 per square foot to $4 per square foot over the life of the (renewable) five-year contract.

Batavia Players is looking to lease 11,000 square feet downtown, fulfilling plans outlined in the City’s 2012 Community Improvement Plan and 2017 Comprehensive Plan and, more recently, as part of the Downtown Revitalization Initiative award.

Council Member Robert Bialkowski said that the City would receive $187,884 in rent over the five years, but would lose $77,364 in mall merchant fees that would be passed on to taxpayers. The net amount coming into City coffers would be $110,520.

The lease calls for Batavia Players to pay for any improvements and utility bills and to purchase liability insurance.

Jankowski said he understood Bialkowski’s concerns over the loss of mall merchant fees but was in favor of the deal.

“As long as we are breaking above even,” he said. “In five years, we can always re-evaluate it.”

Council Member John Canale said he heard that Batavia Players may be interested in buying the property, a move that would be welcomed by City Council.

Photo at top: Council Member Robert Bialkowski reads a proclamation for Fire Prevention Week (Oct. 6-12) as members of the City Fire Department look on. Chief Stefano Napolitano, in white shirt at left, said he is "blessed to have an amazing group of people" in the department and thanked the City water, police, and building codes employees for the work they do in supporting the firefighters. Photo by Mike Pettinella.

Photos: #makeKINDNESSloud

By Howard B. Owens

Photos and information provided by Sarah Gahagan:

As part of the ongoing kindness project at Batavia Middle School (hashtag #makeKINDNESSloud), Kim Argenta, owner of Art Ah La Carte, followed suit with a random act of kindness.

Argenta volunteered her time and passion for art to help produce a set of wings that will be used as a display in the sixth-grade hallway of BMS.

The BMS kindness group wanted to create a set of wings to remind students to "lift each other up."

The girls' next step is to find inspirational quotes that fit this theme to be used with the wings as a photo background for students/teachers/support staff who participate in random acts of kindness to be displayed in the building proudly.

Basketball mini camp to be offered next month at BHS for boys in grades seven to 12

By Billie Owens

Press release:

Batavia Varsity Basketball Coach Buddy Brasky will hold a Basketball Mini Camp at the Batavia High School gym this fall.

This Mini Camp is for boys in grades seven through 12.

The camp will start Monday Oct. 7th, from 7-9 p.m. and run every Monday and Thursday until Oct. 31st.

This program is for the experienced and serious player only!

The program will consist of one hour of skill training and one hour of playing.

The cost is $95.

For more information call Coach Brasky at 585-356-4050 or email mbrasky@bataviacsd.org  

PLAYERS MUST BRING THEIR OWN BASKETBALLS.

For a PDF of an application, click here.

'Motorist safety blitz' at railroad crossing on Colby Road in Pembroke is tomorrow

By Billie Owens

On Saturday, we reported that this week is Rail Safety Week, when nearly a thousand rail safety events will occur throughout North America.

​In Genesee County, there will be an event billed as a "motorist safety blitz" on Tuesday, Sept. 24, at the railroad crossing on Colby Road in Pembroke, south of Route 33 (Genesee Street). The sponsors are the Genesee County Sheriff's Office, CSX and Amtrak.

The time frame was not yet determined on Saturday. Today we confirmed with the Sheriff's Office that it is set for 11:30 a.m. to 2:30 p.m.

Recognizing that more publicity about track safety would save lives, a partnership between railroads, Operation Lifesaver, and state and local law enforcement, and local, state and federal agencies created Rail Safety Week in the United States and Canada in 2017.

Seventy-five people have died in New York State from collisions with trains since 2017. Nearly 125 more people statewide have been injured during that period.

For the previous post, click here.

Hawley and his 12th annual Patriot Trip crew are busy sightseeing

By Billie Owens

Submitted photos and press release:

Assemblyman Steve Hawley (R,C,I-Batavia) departed to Washington, D.C., for his 12th annual Patriot Trip last week.

Hawley, local veterans and their family members will visit a host of famous military memorials in the area of the nation's capital.

The group left from Batavia Downs at 7 a.m. last Thursday and will spend four days visiting historical sites such as Arlington National Cemetery, the Capitol rotunda and the Vietnam War Memorial to name a few.

The group made a stop in Gettysburg, Pa., to visit the Civil War battlefield, and then headed to the Air Force Memorial in Arlington County, Va.

“I’m eager to embark on this journey with some of our finest veterans,” Hawley said. “This trip is consistently one of the highlights of my year.

"I’m grateful to spend time with our heroes and visit some of the most important sites in our nation’s history.”

Law and Order: Pearl Street man accused of refusing to leave a business and resisting his arrest by BPD

By Billie Owens

Joseph Charles Barone, 39, of North Pearl Street, Batavia is charged with: obstruction of government justice; second-degree harassment; unlawful possession of marijuana; and trespass. Barone was arrested at 2:04 a.m. on Sept. 21 at a business on East Main Street in Batavia after he allegedly refused to leave and attempted to strike an employee. He also allegedly physically resisted Batavia police. He was issued an appearance ticket and is due in Batavia City Court on Oct. 1. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Stephen Quider.

Jacob L. Hernandez, 25, of Holland Avenue, Batavia, is charged with criminal trespass in the second degree. He was arrested at 5:54 a.m. on Sept. 22 on Prune Street in Batavia after he allegedly entered a residence without permission and refused to leave. He was processed and is due in Batavia City Court on Oct. 1. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Arick Perkins.

Zachary John Gillard, 24, of West Avenue, Elba, is charged with driving while intoxicated, and aggravated driving while intoxicated -- a BAC of .18 percent or more. Gillard was arrested by Batavia Police Officer Peter Post at 2:44 a.m. Sept. 22 on East Main Street in the City of Batavia. He was arrested after a disturbance at a local business. He was subsequently release to a third party and is scheduled to be in Batavia City Court on Oct. 2. Batavia Police Officer Stephen Quider assisted in the arrest.

Andrew J. Rock, 33, of North Spruce Street, Batavia, is charged with criminal contempt. He was arrested at 8:26 p.m. on Sept. 6 while in Genesee County Jail for allegedly contacting the protected party of a stay away order of protection. He was issued an appearance ticket for Oct. 1 in Batavia City Court, then released back into custody of the jail. The case was handled by Batavia Police Officer Stephen Quider.

Grace Crystal Murray, 20, of Pratt Road, Pavilion, is charged with petit larceny and conspiracy. She was arrested at 11:06 a.m. on Sept. 18 following a shoplifting incident at Dollar General on East Main Street in Batavia. She was released on an appearance ticket and is due in Batavia City Court on Oct. 1. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Mitchell Cowen.

Two vehicles collide at Swan and East Main streets in the city

By Billie Owens

A two-vehicle accident is reported at Swan and East Main streets in the city. Injuries are believed to be minor. City fire, police and Mercy medics are responding.

UPDATE 12:14 p.m.: This accident involved three vehicles. An SUV rear-ended another vehicle, which shoved it into the back of another vehicle. Minor, if any injuries, and little damage to the vehicles involved.

NY Police Investigators Association endorses Durin Rogers for full-time city court judgeship

By Billie Owens

Submitted photo and information:

Part-time Batavia City Court Judge Durin Rogers has received the endorsement of the New York Police Investigators Association supporting his effort to become Batavia’s next full-time city court judge, citing his experience and years of public service.

NYSPIA represents more than 2,000 active and retired State Police Bureau of Criminal Investigation officers.

Association President Christopher Quick and Troop A Delegate Michael J. Connors stated in a letter to Rogers:

“It is with great pride that we support your candidacy for City of Batavia Court Judge. For almost four years, you have served on the bench…following a unanimous appointment by the Batavia City Council.

"During that time you have had the opportunity to handle thousands of cases, including criminal, civil, housing, drug court and Veterans Court; gaining valuable experience throughout."

Quick and Connors also noted Rogers’ “successful, long-term career as a prosecutor with the Genesee County Attorney’s Office, handling family offense domestic violence petitions…juvenile delinquency petitions, pistol permit hearings and child abuse and neglect filings.

"The New York State Police Investigators Association appreciates your years of service and our membership has great confidence in your ability and foresight…we offer our full support in your candidacy.” 

Rogers said: “I am honored and grateful to the New York State Police Investigators Association for their endorsement. Their support, along with the many other public officials and community members who have supported me in my effort to become Batavia’s next City Court Judge, only serves to confirm my commitment to our great community.

"As I canvass this great City and visit with our local citizens, I continue to listen to the people and their concerns and issues with our system of Justice. If elected, I look forward to serving this community faithfully, professionally and with the highest standard of excellence and ethics."

For further information, please contact the Committee to Elect Judge Rogers by visiting their Facebook page @electjudgerogers (facebook.com/electjudgerogers); by visiting www.electjudgerogers.com;  or by email at electjudgerogers@gmail.com

(Photo: Full-time Batavia City Court judge candidate Durin Rogers, left, with Michael J. Connors, Troop “A” Delegate for the New York State Police Investigators Association.)

Two arrests made in Sunday's sobriety checkpoint on Route 20 in Alexander

By Billie Owens

From NYS Police, Troop A:

On Sept. 22, the New York State Police conducted a sobriety checkpoint on State Route 20 in the Village of Alexander.

The purpose of the checkpoint is to deter drunk driving.

The following subjects were arrested and released to appear in the Alexander Town Court at a later date:

John E. Manser, 56, of Canandaigua, is charged with driving while intoxicated.

Brian J. Swimline, 50, of Pembroke, is charged with driving while intoxicated.

Approximately 210 vehicles traveled through the checkpoint. In addition to the two DWI arrests, eight traffic tickets were issued for various violations of the New York State Vehicle and Traffic Law.

We would like to thank all the designated drivers and those that chose to use hired transportation for keeping the roadway safe on this date.

Photos: Scenic shots in Stafford

By Howard B. Owens

Out and about in Bethany and Stafford today, I snapped a couple of scenic shots.

Above, an outbuilding that is starting to fall down from Transit Road near East Bethany Le Roy Road. Below, a barn on Route 5 across the street from the Original Red Osier Landmark Restaurant. Both shots are in Stafford.

Rollover accident reported on the eastbound Thruway

By Billie Owens

A one-vehicle rollover is reported on the eastbound Thruway at mile marker 380.4. Unknown injuries. Le Roy Fire Department and Mercy medics are responding.

UPDATE 2:26 p.m.: The responding Le Roy unit is told to continue in non-emergency mode.

UPDATE 2:31 p.m.: No injuries; medics can go back in service.

Photo: Contrails over GCC

By Howard B. Owens

Lisa Felicia sent over this picture she took at Genesee Community College on Friday of a pair of contrails crisscrossing for an interesting photographic composition.  

Lost three-legged dog found on Williams Street, Batavia

By Howard B. Owens

Raelene and RoseMary Christian found this three-legged dog, apparently lost, on Williams Street in Batavia this evening.

Raelene can be reached at (585) 330-8869

UPDATE: Raelene informs us the owners had called police this morning and are picking up the dog.

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