Skip to main content

Car on its side in a ditch on Sheppard Road

By Howard B. Owens

A car is on its side in a ditch in the area of 9208 Sheppard Road, Batavia.

If there are injuries, they are minor.

Town of Batavia Fire and Mercy EMS responding.

The vehicle is in about a 15-foot hole with "somewhat tricky access for the tow," reports a chief.

A chief responding roads are icy and slick at the intersections of Cedar and Main, and Cedar and Ellicott.

There have been a couple of vehicles off the road in various parts of the county, this morning, including a truck that jackknifed in conjunction with a three-car accident at routes 19 and 20 about 6 a.m.

Currently, there is a light snow falling that is expected to last a good bit of the day. It's about 8 degrees and windchill is -5 degrees. Tonight, temperatures are expected to drop to -4.

UPDATE 9:35 a.m.: Town of Batavia Fire cleared. Law enforcement is shutting down Sheppard in both directions so tow truck can position itself to get good traction.

UPDATE  10:03 a.m.: Sheppard is opened.


View Larger Map

Photos: Genesee Cancer Assistance Dinner at Batavia Downs

By Howard B. Owens

Genesee Cancer Assistance held one of its biggest annual fundraisers this evening at Batavia Downs. It featured a full buffet-style dinner, hosted bar, basket raffles, auction and music from The Trolls.

Above, John Gerace, his wife Rhonda and children Taylor, 16, and Jackson, 13. John, a member of Rotary, is the son of Joe Gerace, one of the founders Genesee Cancer Assistance and also a member of Rotary. Rhonda, too, is a member of Rotary (There, that should be worth some fines.)

Rollover accident in Stafford

By Billie Owens

A one-car rollover accident is reported at 6723 Clinton Street Road in Stafford.

The driver is still inside, but conscious and moving.

Stafford Fire Department and Mercy EMS are responding.

The location is between Waterman and Coward roads.

UPDATE 1:11 p.m.: Responders on scene say the driver has minor injuries and that no extrication is needed.

UPDATE 1:20 p.m.: The driver is out of the vehicle. A flatbed tow truck from Bethany is responding.

Today's Deals: Scratch Bakery, Daily Grind, Center Street, Stafford Trading Post and more

By Howard B. Owens

Scratch Bakery, 24 Main St. Le Roy, NY: A real bakery right in Genesee County. Scones, cookies, cakes, breads, rolls and more. Call ahead, 297-2441, for availability or special orders. We have $10 gift certificates for $5.

The Daily Grind, 85 E. Main St., Batavia, NY: For Batavia's finest coffee, smoothies, as well as fast and convenient breakfasts and lunches, stop into The Daily Grind. We have a $10 gift card for $5.

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.

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.

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.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card 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.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for three weeks of yoga, 3 classes, a $30 value, for $15.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; new all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have $20 gift certificates 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.

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.

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.

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

SOLD OUT

Spencer Court resident accused of possessing $940 in forged currency

By Howard B. Owens

A Batavia man is facing 42 counts of criminal possession of a forged instrument after members of the Local Drug Enforcement Task Force searched his residence on Spencer Court and allegedly found forged U.S. currency with a face value of $940.

Taken into custody and jailed with no bail is Lendle R. Tucker, 28.

Also seized on Friday were Tucker's computer and printers.

He was also allegedly found in possession of marijuana, and so charged with one count of unlawful possession of marijuana.

The arrest of Lendle reportedly follows an investigation by the task force into the production and possession of forged U.S currency.

Lendle was allegedly found in possession of forged currency in various denominations.

The investigation is continuing and further arrests are possible.

Assisting in the investigation were Le Roy Police, Batavia Police, the District Attorney's Office and Orleans County Major Crimes Task Force.

Bergen man accused of possession cocaine, pills and marijuana

By Howard B. Owens

A Bergen man has been arrested by the Local Drug Enforcement Task Force and accused of possessing $1,000 in drugs and nearly $1,000 in cash.

Lucien J. Marks, 31, of South Lake Road, was taken into custody following the execution of a search warrant at his residence.

He was charged with two counts of criminal possession of a controlled substance, 3rd, one count of criminal possession of a controlled substance, 7th, and one count of unlawful possession of marijuana

Investigators say they found more than a half ounce of cocaine, a quantity of pills, marijuana and $924 in cash.

The task force is comprised of members of the Sheriff's Office, Batavia Police and Le Roy Police.

The execution of the warrant was the culmination of a month-long investigation.

Marks was jailed on $25,000 bail.

Batavia man accused of possessing shotgun with serial numbers removed

By Howard B. Owens

A Batavia man was arrested in Oakfield on Jan. 14 after allegedly being found in possession of a shotgun with its serial numbers removed.

A Sheriff's Office press release accuses Jeffery T. Peyman, 21, of Ellicott Street, of possessing a shotgun with its serial numbers obscured with the intent of concealing the gun's identity.

Peyman was charged with criminal possession of a weapon, 3rd. He was located on Pearl Street Road in Oakfield allegedly in possession of the shotgun.

The arrest was made by the Local Drug Enforcement Task Force.

Peyman was arraigned and jailed on $5,000 bail.

Chimney fire reported on Bennett Road, Alexander

By Howard B. Owens

A chimney fire has been reported at 2225 Bennett Road, Alexander.

The location is just east of Simmons Road.

Darien Fire, all equipment, with one tanker from Alexander and one from Corfu, requested to the scene.

Mercy EMS also dispatched.

UPDATE 4:34 p.m.: Chief on scene says, "no smoke showing."

UPDATE 4:37 p.m.: Fire appears out. A thermal camera is requested.
View Larger Map

GCEDC releases consultant's salary survey

By Howard B. Owens

At the request of The Batavian, the Genesee County Economic Development Center sent over a one-page summary of a compensation survey completed in 2008.

The survey gathered compensation information from 26 IDAs from across the United States, comparing budget, staffing and executive compensation.

Handwritten notes on the summary indicate GCEDC CEO Steve Hyde earned a base salary of $134,550 and the average salary of the 26 agencies was $148,000, with his total compensation set at $171,600 compared to an average of $166,600.

Download (PDF).

Previously:

One-car rollover reported on Griswold Road, Stafford

By Howard B. Owens

A one-car rollover accident has been reported at Griswold Road and Route 33, Stafford.

One person is trapped in the car, but is not believed to be injured.

Stafford Fire is responding.

UPDATE 3:45 p.m.: Driver is out of the car and reportedly suffered minor cuts on his or her hand.

Minor injury, rollover accident in Elba

By Billie Owens

A one-vehicle rollover accident is reported at 4591 Batavia-Elba Townline Road in Elba. There are reportedly minor injuries.

The location is between State Street and Norton Road.

Elba Fire Department and Mercy EMS are responding.

UPDATE 12:14 p.m.: The female driver has wrist and leg injuries. The car is on its side. She is not trapped, but needs assistance to get out of the car.

UPDATE 12:17 p.m.: The victim is out of the car. A flatbed tow truck is called. The westbound lane is shut down.

UPDATE 12:26 p.m.: Route 98 is being closed at its juncture with Batavia-Elba Townline Road (Daws).

UPDATE 12:47 p.m.: All units back in service. Road is reopened.

Hearing for rape suspect postponed

By Howard B. Owens

A pre-trial hearing, called a felony hearing, was postponed today for Patrick Donahue, the 21-year-old Batavia man accused of rape in the first degree.

Donahue made bail, removing the legal requirement to have the felony hearing within a few days of his arrest.

The hearing is the first chance his attorney gets at challenging the evidence against him.

Donahue is accused of raping a 30-year-old woman at a residence on Walnut Street on Jan. 10.

Photos: 'Young at Art' opening

By Howard B. Owens

Above, Lorie Longhany with Dr. Maidul Kahn and the opening tonight of the "Young at Art" show at the Senior Center. Kahn is one of Longhany's newer students. He's holding one of his paintings. It's of Centennial Park in the fall.

Other artists on display are Marie Washburn, Kathy Roblee, Carol La Valley, Longhany, the late David Rice, Sue Morgan, Farrel Ann Burdick, Joan Scherff, Rosemary Christian, Pat Fletcher and Elisa Di Pietro.

Below, Christian talks with visitor's about another artist's work. 

Motor-vehicle accident with injuries reported at Ellicott and Liberty streets

By Howard B. Owens

A motor-vehicle accident with injuries has been reported at the intersection of Ellicott and Liberty streets, City of Batavia.

UPDATE: The accident was actually about 100 yards west of Liberty on Ellicott. One person was hurt, but the injuries are apparently minor. It appears that one car rear-ended another.

ABO report on GCEDC neither fair nor accurate, officials say

By Howard B. Owens

A state report critical of compensation practices of the Genesee Economic Development Center is neither fair nor accurate, county and agency officials are saying today.

"We've done nothing wrong," said Jim Vincent, vice chairman of the GCEDC board of directors. "Nobody likes to be criticized, but we stand by what we've done. We are being criticized for our success."

The Authorities Budget Office report strongly condemns how more than $344,000 in bonuses have been awarded to GCEDC staff since 2005 and also expresses concerns about the $153,000 annual base salary paid to Director Steve Hyde. (Read: Previous Story)

Vincent said everything the GCEDC has done was cleared by an attorney and performed in accordance with state law.

"This is a difference of opinion," Vincent said. "They (the ABO) thinks we did it the wrong way. We think we did it the right way. We truly feel we have a dynamic organization.

"We've done everything legally, properly and transparently, and we continue to produce results."

While referring most questions to Vincent, the director said everything about compensation is a board decision and Vincent should speak for the board. Hyde was also critical of the ABO report.

"The report is using only half-truths in a lot of ways and disregarded a lot of the facts and information we provided them," Hyde said. "But that's the regulatory environment we live in."

Hyde said the ABO disregarded performance models provided by GCEDC and a compensation survey that showed his salary was right in line with 26 other similar IDA's across the nation.

The GCEDC claims it has generated $409 million in capital improvements for Genesee County businesses (full list, PDF).

In a memo released by the GCEDC late this afternoon, GCEDC attorney Robert J. Ryan said the ADO's report is wrong in stating the board didn't have the authority to set compensation as it sees fit and issue bonuses according to its own guidelines.

Ryan:

... the ABO Report concludes that the Agency does not have the legal authority to pay incentives or additional compensation. This is the opinion of the ABO and not based in law. The General Municipal Law explicitly provides the Agency the ability to establish and pay compensation out of Agency funds. We are unaware of and the ABO has not provided any legal authority that would prohibit the Agency’s compensation package being based upon salary and a performance incentive.

ABO Director David Kidera said his agency was really trying to get across two points in its report:

  • First, that the GCEDC is really dealing in public funds, "even if they don't see it that way," and the kind of profit-sharing plan the board has been using isn't appropriate or legal.
  • Second, that while the GCEDC board says it has followed procedure and been transparent in its compensation practices, the board can't really produce any documentation to support its claims.

Because the bonus payments were not appropriate, Kidera said, the report recommends that the payments be "recovered."

That means, he said today, the board should ask employees to return the $344,000 in bonus payments they've received since 2005.

He implied he realizes that isn't necessarily a realistic expectation.

"I think we're required to say that because these bonuses were paid inappropriately, that because in the absence of any proper procedures for paying bonuses -- and these are taxpayer funds -- the board should seek to rectify that," Kidera said.

"Is that going to happen? I don't know. I realize we're talking about employees here and this might not happen in the private sector, but we would be remiss in our responsibilities if we just said, 'it's wrong,' and then let it go."

Kidera acknowledged that the ABO has no real authority to enforce its recommendations. It's up to the GCEDC board, he said, whether to implement its recommendations, or up to the legislature to replace the board if it doesn't like the board's response to the recommendations.

Otherwise the only thing the ABO can do is issue a follow-up report on the board and county's response to the initial report.

He did say a copy of the report was sent to District Attorney Lawrence Friedman with the idea that the DA's office could investigate any potential legal wrongdoing.

Friedman said that he's received the report but that it's really too soon to say if any sort of legal proceedings would follow.

Mary Pat Hancock, chairwoman of the Genesee County Legislature, said it is not the legislature's role to act in an oversight capacity of the GCEDC. She said the procedures put in place creating IDAs, put the IDAs at arm's-length from county legislatures. The legislature doesn't approve the budget or operations of the GCEDC. 

While GCEDC board members are appointed by the Genesee County Legislature, the time for dealing with issues related to any appointee are when it's time to renew a term or make new appointments.

The county just finished a budget process that required sacrifice from several departments and nearly led to the elimination of the county's nationally recognized, pioneering restorative justice program, Genesee Justice. In order to save the program, the agency's director, Ed Minardo, volunteered to resign.

Hancock said the county's share of funding for GCEDC was cut by 15 percent, reducing it to about $266,000, and Hancock said that is money well spent.

"It has been demonstrated that the magnification of each dollar we put into GCEDC, because of their success in attracting business, we've found that contribution has come back to us many times over," Hancock said.

Legislator Hollis Upson, who is also a member of the GCEDC board of directors, also defended the agency as an important engine of economic growth in Genesee County.

"Arguably, Steve Hyde brings something of value to Genesee County," Upson said. "The compensation and bonuses came strictly from performance and results. (Staff) compensation came out of generated income"

Pointing to a previous post on The Batavian listing the salaries of the top 25 public officials in Genesee County, Upson noted 20 of the top 25 were education executives.

"The superintendents and officials at BOCES work a lot fewer hours, I would suggest, and they don't generate income," Upson said. "We are helping them (school officials) by generating a tax base.

"So while the perception would be that (Hyde makes a lot more money than other officials in the county), someone who would look at it from only that standpoint, well there's a lot more to it."

Husband and wife to be honored for work at St. Joseph School

By Daniel Crofts

It was the end of a very hectic day at St. Joseph School in Batavia. The building was nearly empty, and teachers John and Margaret Volpe were finally on their way home when Principal Karen Green approached them and said: "Oh by the way, you know that award (NBC newsman) Tim Russert started that they give out every year? You two won it this year."

Who and what

Russert, who died in 2008, was a former Catholic school student. He created the Making a Difference Award for the purpose of honoring former teachers who had an impact on his life. It is given annually to a Catholic school teacher in the diocese of Buffalo.

"We had no idea we were even being considred," John said.

Green's announcement that they had won this award was a surprise for another reason as well: It's only supposed to go to one person each year.

This is the first time two teachers are receiving the award together. Green nominated both John and Margaret, who teach sixth- through eighth-graders at the Summit Street school, after finding herself unable to choose between them.

"After working with John and Margaret as a teacher and then observing them as a principal," she said, "I can say that when it comes to making a difference in students' lives, that's exactly what they do. It's a daily occurrence, and you can see it in how the kids relate to them."

High expectations

John and Margaret teach social studies and English, respectively. Green commented that they spend a lot of extra time preparing for each week's lessons and always make sure to update their teaching tools and styles to make learning more exciting for the kids (using the latest classroom technology, etc).

Academically, the kids in John and Margaret's classes are held to high standards and, in Green's words, are "always busy."

In Mrs. Volpe's English class, students are continually honing their writing skills with weekly literature logs and various writing assignments throughout each grading period. As a result, they typically leave St. Joe's with excellent writing skills and high expectations for their academic performances.

"I like to see the students desire and expect a lot of themselves, and not just settle for crummy work," Margaret said.

In Mr. Volpe's social studies class, students become engaged in the material by discussing it in relation to current events -- which is one area of instruction where new technology comes in handy.

Commenting on the availability of news online, John said: "An event can happen on, say, Thursday morning, and I can present it to the class by that afternoon."

He enjoys the "give-and-take" relationship he has with his students, who are still young enough to question things rather than being strictly "goal-oriented."

"My hope for them is that they will ask questions and pursue the answers," he said. "And I hope they'll explore things a bit instead of just automatically accepting the obvious answers."

Not only do John and Margaret have expectations for their students in terms of academics and conduct, they also consistently follow through with those expectations.

"I've seen very few discipline problems on their side of the hall," Green said. "Their students know they need to behave a certain way, and that there will be consequences if they don't."

Beyond the books...

The Volpes' committment to their students extends beyond the classroom. Margaret oversees the school newspaper staff. John is in charge of the student debate team (both of which meet every week), and the couple spends a lot of time with students who need extra help after school.

Additionally, Margaret serves on the school's Academic Excellence Committee, which is designed to offer students educational opportunities that they would not get in the classroom. It also helps provide particularly gifted students with more opportunities to challenge themselves. Activities the committee sponsors include the annual spelling bee, Career Day, and peer tutoring.

Colleagues have benefitted from the Volpes' presence at St. Joe's as well as the students. John, for example, acts as assistant principal on days when Green is out of the building, serves as a "backup" for the other teachers and helps with discipline when needed.

Even as their boss, Green goes to the Volpes for advice every now and again.

Formerly a St. Joe's teacher, Green's experience is mostly with younger students. When she started her job as principal, she was a bit...well, green when it came to working with the older kids.

"John and Margaret have so much experience, so I always go to them for help and trust their judgment."

A great team

The Volpes have worked in Catholic education together for more than 40 years, and have taught at St. Joe's for more than 20 years. They met in the early 1970s as teachers at the Cathedral School in Buffalo, and were married not long after.

While combining professional and personal relationships can be awkward, the Volpes have found that, in their case, the two reinforce one another.

"There's that kind of natural trust you have going into the job (when you work with your spouse)," John said. "I know that if I have a problem, I can talk to Margaret about it. And as a teacher, I think I've learned more working with Margaret than anyone else. She's very inventive and creative, and she's helped me all along."

Likewise, Margaret has always had tremendous respect for her husband on a professional level.

"Since before we were married, I've noticed that John has an unusual rapport with the kids," she said. "He has a certain warmth (with his students) that I notice right up to today, and I've learned from that."

Without wanting to "overstate (the) influence" she and her husband have on the kids' lives, Margaret said that working with the students at St. Joe's is almost like raising a family.

"I notice that in eighth-grade, the kids form even closer friendships than before," she said. "And I really think John helps to foster that."

From Green's perspective, the Volpes' working relationship as husband and wife sets a positive example for their students.

"To see a married couple working side-by-side and having such a healthy relationship is good for the kids, especially in an age when a lot of families seem to be falling apart."

In the right place

St. Joseph School offers the Volpes an environment in which they feel they are able to "flourish" more than any place else. For one thing, the majority of kids who attend St. Joe's come from what Margaret called "very solid families."

The students themselves, according to Green, are what "make St. Joe's such a wonderful place to work," to which Margaret replied, "Amen!"

John, for his part, talked about how impressed he has been with the way in which the kids welcome and accept new students.

"Each year, within a very short time, new students are assimilated and welcomed."

Teaching at a Catholic school is also very important to both John and Margaret, the latter having come from a family of six children who attended Catholic schools from grade school all the way through college.

"I remember my father would work two or three jobs to put us all through Catholic school," she said, "and he never let up. That always left a big impression on me."

Margaret has always felt that Catholic education should be a choice for parents and families. And she always knew that if no one was willing to accept the sacrifice of a smaller salary (compared to a public school teacher's salary) and teach at a Catholic school, then that option would be gone.

In terms of how things are done, John and Margaret like the discipline and focus on values that Catholic education offers, while at the same time emphasizing the development of skills.

"There's a basic emphasis on value (in Catholic education) instead of just fact and procedure," John said. "And it's nice that we're able to talk about religion. (As a Catholic school teacher), you incorporate the values of religion into your lessons without 'preaching' religion."

John and his students talk about current events with concern for ethical issues and implications. 

"I enjoy being able to do that, rather than having to stay neutral on everything."

Margaret's students explore Catholic values in many of their writing assignments. After a visit to Genesee ARC, for example, they wrote an essay about how their faith teaches compassion toward, and acceptance of, people with special needs.

Faith also comes into play with the teaching of literature. Margaret and her students discuss the books they read with religion in mind, asking what a practicing Christian would do in a given character's situation. Margaret also works with parents in determining which books are good for the kids to read, and which are not.

"There are books out there that promote the wrong values and glorify bad behavior," Margaret said. "I tell the kids that certain books they might be reading (on their own time) aren't good for them, and I work with parents to determine what's appropriate. And the parents are right on board with it."

A fitting tribute

John and Margaret will receive their award at the 2011 Making a Difference Dinner, which is next Thursday -- Jan. 27 -- at the Adam's Mark Hotel in Buffalo.

Two tables will be filled by those coming to support them, including family members, parents and faculty (including Batavia City Council President Marianne Clattenberg, who teaches third-grade at St. Joe's).

Green was very happy that the Volpes will be recognized for their work with the students.

"'The school wouldn't run as well as it does without them," she said. "They do an amazing job here, and I don't think they're told that often enough."

Sentence corrected for Ron Wendt

By Howard B. Owens

Ronald J. Wendt, convicted last year in the drinking-and-driving death of an 18-year-old Dansville girl, appeared in County Court today to have his sentence on two of his charges corrected.

On two charges of assault, 2nd, Wendt was given two-and-a-half to seven years as an "indeterminant" sentence, meaning he could serve any portion of that range and be eligible for parole. 

Since his initial sentence, however, authorities realized that on charges of assault, 2nd, a defendant cannot receive an indeterminate sentence.

Today, Judge Robert C. Noonan sentenced Wendt to a two-and-a-half years determinant sentence on those charges.

The change doesn't effect Wendt's sentence on other charges and since the sentencing on all 11 counts were concurrent, Wendt could still be eligible for parole in little more than a year (he served more than a year in jail while awaiting trial prior to his conviction).

For previous sentencing coverage, click here.

Also in court this morning, Patricia Hardesty, accused of shooting her husband in the knee during a domestic dispute in August, entered not guilty pleas to three felony charges, including assault, 1st, and assault, 2nd. Hardesty is out of jail and under the supervision of Genesee Justice. Her husband requested that no order of protection be placed in the case, so none was issued. The couple continues to reside together in their County Line Road home.

Police Beat: DWI charge in Le Roy

By Howard B. Owens

Jody B. Gillett, 50, of Pine Hollow Drive, Batavia, is charged with DWI and driving with a BAC of .18 or greater. Gillett was arrested after allegedly being observed by Le Roy Police Officer John Duyssen driving at an excessive speed and spinning the car around in the Tops Market parking lot.

Top Items on Batavia's List

AVAILABLE NOVEMBER 1ST CITY OF BATAVIA 4-5 bedroom Duplex apartment with 1 Bedroom, Living room, laundry room, dining room, bathroom, and small kitchen on first floor. 4 bedrooms 2nd floor. Newly painted. Some new carpet. Basement storage. 1/2 garage use for storage/ not parking. Large yard. $1,100/month includes trash pickup, Refrigerator, Gas Stove. You pay gas, electric, water. No dogs. Good references required with background check. Pathstone approved. Near ARC. Mike 585-993-4002
Tags: Rentals

Authentically Local