batavia

Joseph E. Marr, 34, of Nesbitt Road, Attica, is charged with promoting prison contraband, 1st, and criminal possession of a controlled substance, 7th. Marr -- incarcerated in the Genesee County Jail on Jan. 1 on a charge of driving while impaired by drugs -- is accused of attempting to conceal a controlled substance while in the jail. Marr was arraigned on the charge Wednesday and released under supervision of Genesee Justice.

A 16-year-old resident of Ross Street, Batavia, is charged with harassment, 2nd. The teen is accused of punching and pushing another person.

Press release:

On Jan. 14, the city proposed a new Refuse and Recycling Program. The proposed program includes changing to a fully automated variable size cart/tote based collection system offering residents greater capacity for recycling opportunities, while making refuse and recycling more effective and modern.

In addition, the city has proposed funding refuse and recycling through a "Pay-As-You-Throw" system in which residents will pay for refuse collection based on the size cart/tote they select, rather than through property taxes.

All residents are encouraged to watch the presentation of the city’s proposed Refuse & Recycling Program on local Channel 19 – the Community Access Channel -- this Friday, Jan. 18 at 8 p.m. to become more familiar with the proposed Refuse & Recycling Program.

The proposed budget and proposed refuse and recycling information can also be found on the city’s Web site at: www.batavianewyork.com.

A Le Roy resident caught in the act of a residential burglary in Batavia while under surveillance by police detectives has accepted a plea deal that could send him to prison from five to 15 years.

Russell P. Cessna, 24, of 18 Pleasant St., Le Roy, came under suspicion following a tip to local law enforcement, who began monitoring his activities. 

He was a suspect in a number of burglaries in Le Roy, Stafford Pavilion and Batavia.

After Cessna broke into a house on Summit Street, he was apprehended.

Today, Cessna entered a guilty plea to two counts of burglary in the second degree in satisfaction of all 15 charges against him. The charges included burglary, grand larceny, criminal mischief and petit larceny.

Sentencing is set for Jan. 31.

Somebody has created a Facebook page called Batavians Want to Keep ARC Trash Collection in an apparent effort to build the necessary political pressure on the Batavia City Council to retain ARC as the company that picks up the city's residential waste.

After nearly 30 years of waste management for the city by ARC, the agency has been required to compete with other companies for the contract, which includes a significant change to how garbage and recycling is handled in Batavia.

The page also contains a link to an online petition for city residents to sign in support of Genesee ARC.

From as many as 10 Genesee ARC employees could lose jobs, including people with disabilities, if the city council awards the bid to another company.

Genesee ARC submitted the highest bid at $4.99 million over five years, compared to the lowest bid, by Arizona-based Allied/Republic at $4.34 million.

The city council will decide which company gets the trash collection contract in February.

Everything you might like to know about the new garbage collection service is contained in documents posted to the city's Web site.

Edward Otis Hardy, 54, of Pelham Road, Pensacola, Fla., is considered a fugitive from justice by the State of Florida and was in Genesee County Jail on unrelated charges when he was arrested on warrants from Florida. In Escambia County Circuit Court, he is charged with battery/touch or strike, battery on a police officer or firefighter, assault on a police officer or firefighter, obstruction, depriving a person the means of protection or communication, disorderly intoxication and resisting arrest with violence. Hard was arraigned in Stafford Town Court and jailed without bail pending extradition.

Shawn Michael Twardowski, 30, of Dodd Run Road, Marietta, Ohio, was arrested on bench warrants for criminal contempt, 1st, and harassment, 2nd. Twardowski was arrested in Caldwell, Ohio, after allegedly fleeing the state after being charged with criminal contempt and harassment. Twardowski was returned to Genesee County Court and arraigned by Judge Robert C. Noonan and jailed without bail. There are also active warrants for Twardowski out of Batavia City Court and Town of Oakfield Court.

Shantell Sharnice Gibson, 20, of East Avenue, Batavia, is charged with grand larceny, 4th, and petit larceny. Gibson is accused of stealing merchandise from Kmart. She also allegedly stole property from another person.

Rebecca N. Bethune, 24, of 5008 Hundredmark Road, Elba, is charged with two counts of unlawful dealing with a child, 1st. Bethune was arrested by Le Roy PD after allegedly buying alcohol for two people under the age of 21.

Fisher Sports officially reopens its doors tomorrow, but Andrew Fisher's phone was ringing and there were people showing up at his new location next to Coffee Culture anyway. They were looking for sporting equipment even though the store was not set up yet.

The last 24 hours have been crazy -- moving everything from 412 E. Main St. to 6 Court St.

"We like this location because it's the center of the city. People are driving through here all the time, we were looking for more foot traffic," Fisher says.

Fisher Sports opened on East Main Street last July. Along with sporting equipment, they also offered Zumba classes at the East Main Street store. They will no longer be offering the class, so they decided to move to a smaller space. They went from 3,500 square feet down to 850 square feet.

Fisher says, "We have slimmed down our square footage, but we have the same amount of equipment and apparel in the new store."

Fisher Sports will continue to carry hockey equipment and Sabres, Syracuse, Mets, Yankees, and Red Sox apparel. They will also sell cleates and spikes for soccer, baseball, and football. Team sales are also a big thing at Fisher Sports. They supplied the Oakfield swim team with swimwear this year and are adding new teams to the list.

Contact Fisher Sports for hours and orders at 585-344-2500 or online at www.fishersportsny.com

Lt. Eugene Jankowski is coming to grips with the fact that his 34-year career with Batavia PD is probably drawing to a close.

He hasn't officially announced his retirement yet, but that's probably what he will do before his job as a lieutenant is eliminated April 1 as part of department restructuring.

"I'm glad I was given the opportunity to serve for 34 years," Jankowski said. "It's been good for me. I love what I do and I hate to leave it. It's not about the money. It's never been about the money, but now's the time to find another worthy cause. I'm still young enough to go out and find another worthy cause."

Jankowski disputed a report coming out of Monday's city council meeting that he, along with Lt. Jim Henning and Lt. Greg Steel were offered a chance to stay with the department if they would each accept a demotion to sergeant and that all three turned it down.

None of them, according to Jankowski, has reached a final decision yet.

Henning and Steele are off duty at the time of this story posting so we can't reach them for comment.

For Jankowski, becoming a sergeant isn't even an option. If he accepted a demotion, it would be to patrol officer.

Under civil service law, when a job/rank is eliminated, the employee is offered the job he or she held prior to promotion. For Jankowski, that was patrol officer, not sergeant.

"If it were a sergeant's position, I might consider it," Jankowski said.

City Manager Jason Molino said he wouldn't discuss with a reporter personnel issues and what may or may not have been communicated between city supervisors and the lieutenants.

According to Jankowski, the lieutenants were told they would not be considered for the new deputy chief position.

"We don't know why," Jankowski said. "He didn't give us a reason. He said we won't put anybody in the deputy chief position until you're long out of here."

Molino said that once the position is created, probably after the budget is approved in February, any qualified personnel -- including the lieutenants -- in the department could apply for the job.

If they retire before the job is created, then they won't be eligible for the position.

The three lieutenant positions will be reallocated, creating two new patrol positions and one sergeant's positions.

"The plan is, you're going to have more guys on the street than you have now," Molino said. "With more officers in the field, there's more contact with the community."

The deputy chief position, which will be non-union, will be an increase by one the number of sworn members of the department. 

The restructuring is expected to save the city $10,000 a year.

Jankowski said he doesn't understand why the city wants to eliminate all three lieutenant positions at once. Why not, Jankowski wondered, stagger the retirements over three years so those experienced supervisors would help mentor the new deputy police chief?

"Why would you eliminate 100 years of experience like that?" Jankowski said.

Police Chief Shawn Heubusch is proving a great asset to the department, Jankowski said.

"I like the chief," Jankowski said. "He's going to be great. I like him. He brings out the best in guys. I wish I could work with him longer."

Jankowski, a competitive shooter, isn't sure if he will stay in New York after he retires. He's concerned that gun ownership rules being changed by Albany politicians will make competitive shooting in the state all but impossible. Some ranges, he said, will likely shut down. Limits on magazine size and changes to rifle scopes are big concerns, he said, for competitive shooters.

The changes to the police department don't make him mad, Jankowski said, but the changes being considered in Albany certainly do.

Ramon Roberto Domanski, 51, of South Avenue, Lake Bluff, Ill., is charged with grand larceny, 4th. Domanski is accused of stealing two tractor-trailer tires from a located at 8420 Route 77, Pembroke. He was jailed on $1,000 bail.

Daniel DiLaura, 38, of Brooklyn Avenue, Batavia, is charged with petit larceny and criminal mischief. DiLaura is accused of stealing a TV from Walmart and damaging a security device.

Press release:

The staff of Batavia Downs Casino and Thurman Thomas are now accepting entries to name the Hall of Famer’s new restaurant on site at Batavia Downs Casino.

The facility’s $28 Million dollar expansion begins within a month and includes construction of a new Thurman Thomas sports bar. Customers may tweet a suggestion for the Sports Bar’s name on Twitter by tweeting from their account and including the name of the Sports Bar with the tag @BataviaDowns. The contest will end at Noon on Friday, Jan. 18.

Staff from Batavia Downs Casino and Thurman Thomas will review the entries and declare a winner before the end of January.

The person that submits the winning name will win dinner for two inside the new sports bar with Thurman Thomas and Batavia Downs Staff when the new facility opens sometime in the fall. The winner shall also receive a Batavia Downs Casino Prize Pack valued at more than $250.

If more than one person suggests the winning name, then one person shall be randomly chosen from those who suggested that name. Winner will be notified via twitter that they have won. Full rules can be found on Batavia Downs Casino’s Web site at www.bataviadownscasino.com.

“Thurman’s new sports bar will offer great food, a stage for live entertainment on weekends, and many large flat screen TVs where our patrons can enjoy all their favorite sporting events,” said Ryan Hasenauer, director of marketing for Batavia Downs Casino. “It will also feature various pieces of football and Thurman Thomas memorabilia.”

Information courtesy WBTA:

A big change in garbage pick up, a shake up of the police department and a pay raise for council members are the main features of the proposed city budget.

City Manager Jason Molino told council members about the proposed changes in garbage collection, dubbed PAYT for "pay as you throw," which will remove garbage collection from property owners' tax bills and have users of the service foot the bill.

The user fee will extend to nonprofit agencies and churches.

"You pay for what you throw away," Monlino said. "So, if you want a smaller tote or larger tote, you are going to pay respectively. If you throw away more, you are going to pay more. You throw away less, you are going to pay less. Another aspect of the program is unlimited recycling, and that also has the ability to help control your costs of what you throw away."

The automated system -- one-driver trucks will use a mechanical arm to pick up the totes -- will also help reduce costs, Molino said.

The apparent lower bidder for the program is Allied/Republic, a national waste management company headquartered in Phoenix. The company operates in 39 states and has 30,000 employees according to its Web site.

Allied/Republic submitted the lowest of four bids at $4.34-million dollars over the next five years.

Genesee ARC, which had been providing the service to the city for nearly 30 years, bid 4.99-million dollars. It appears ARC's bid was the highest.

ARC Executive Director Donna Saskowski said the loss of the city contract hurts the human services agency:

"I will have to lay off between 8 and 10 people," Saskowski said. "The agency will loose $800,000 in revenue, and we will have to find different jobs for the people with disabilities."

Saskowski said half of the people expected to lose jobs have some form of developmental disability.

The 2013-2014 proposed budget technically calls for a reduction in the city tax rate from $10.71 to $9.15. However, when the average cost of the garbage fee is factored in, Molino said the impact on the average homeowner will be a “wash.”

A big change in police department operations will save about $10,000, according to Molino.

Currently, the supervisory structure of the department includes three lieutenants. The lieutenant position will be eliminated, replaced by two police officers, a sergeant and a deputy chief.

The deputy chief position will be non-union.

The current lieutenants, Eugene Jankowski, Jim Henning and Greg Steele, have elected to retire rather than accept a demotion to sergeant, Molino told council members.

As for council members, a raise for the elected officials approved 6-3 in February, will be instituted, increasing compensation from $2,000 per year to $3,500 per year, beginning April 1.

The only way pay raises could be prevented, Molino said, was for the council to vote down the entire budget proposal or opt to pull the pay raise allocation from the budget plan and vote on it separately.

Council members Patti Pacino and Pier Cipollone said on Monday night they would not support a pay raise. Both had supported the pay raise measure in the February vote.

UPDATE: The city has posted all available documents about the changes to garbage collection.

Water line repairs in the area of 10 Bogue Ave., Batavia, on Tuesday will disrupt traffic access and water service.

The work will begin at 8:30 a.m. and result in possible lower water pressure and possibly discolored water.

Batavia police are responding to a residence on State Street to help a homeowner with a cat that is preventing the resident from getting in the house.

The cat is located on the porch and won't leave. Dispatch says it might be 110 or 115 State St.

Christina M. Sanchez-Anderson, 24, of 2 Lewis Place, Batavia, is charged with endangering the welfare of a child. Sanchez-Anderson is accused of leaving her two children at home alone and unsupervised. Her 3-year-old was allegedly found at 9:58 a.m., Saturday, outside and not wearing any shoes. Sanchez-Anderson was jailed on $2,500 bail. Department of Social Services assisted in the case.

Ashley M. Kreutz, 25, of 10 Lewis Place, Batavia, is charged endangering the welfare of a child. Kreutz allegedly left her two children unsupervised for more than four hours Saturday morning. One child was transported to UMMC for a medical evaluation. Kreutz was jailed on $5,000 bail. Department of Social Services assisted in the case.

Eric J. Bratcher, 24, of 7 1/2 South St., Le Roy, is charged with criminal impersonation, 2nd. Attica PD responded to a report of a complaint of noise and underage drinking at an address on Washington Avenue, Attica, and Bratcher allegedly gave police officers a false name. He was jailed on $1,000 bail.

Wendi L. Provost, 37, of 19 Riverside Parkway, Massena, is charged with DWI, aggravated DWI, driving without headlights and failure to keep right. Provost was stopped 1:10 a.m. on West Main Street by Officer Eric Bolles.

Bryan Pettinella, 27, of131 Bank St,, Apt. A, Batavia, is charged with criminal mischief, 4th. During a verbal argument, Pettinella allegedly punched the car of another person causing damage.

Curtis J. Doward, 18, of 25 Ganson Ave., Batavia, is charged with two counts of failure to appear as directed, criminal contempt, 2nd, and endangering the welfare of a child (second two counts are warrants). Doward turned himself in to Batavia PD on a failure-to-appear warrant. He was jailed on $2,500 bail on each count.

Christopher W. Cummings, 33, of 19 Cherry St., Batavia, is charged with coercion, 2nd, aggravated harassment, 2nd, and harassment, 2nd. Related to a domestic incident, Cummings allegedly sent numerous unwanted text messages in an attempt to compel or induce the victim to engage in conduct she had the legal right to abstain from, thereby threatening her. Cummings is also accused of spitting on the victim.

Christopher W. Colantonio, 23, of 110 South Swan St., Batavia, is charged with a violation of probation. Colantonio was taken into custody by the Probation Department for an alleged violation of probation.

Pavel V. Yefremenko, 24, of 8 Walnut St., Batavia, is charged with DWI, aggravated DWI, speeding and consumption of alcohol in a vehicle. Yefremenko was stopped at 1:27 a.m., Sunday, on West Main Street, Batavia, by Sgt. Dan Coffey.

Kayla Marie Baker, 22, of Union Street, Batavia, is charged with petit larceny. Baker is accused of stealing more than $900 in merchandise from Target over a several month period.

Howard Clarance Schultz, 54, of Keeney Road, Le Roy, was arrested on a warrant out of Greece, for aggravated harassment, 2nd. Schultz was located during an incident at 8798 Keeney Road, Le Roy, reported at 9:51 p.m., Friday.  Friday's incident remains under investigation.

Joshua James Burns, 26, of North Main Street, Oakfield, is charged with stalking, 4th. Burns is accused of sending a text message to another person after being warned by law enforcement to cease all contact with the person.

Philip Chase Smith, 28, of South Old Wire Road, North Carolina, is charged with DWI, driving with a BAC of .08 or greater and obstructed license plate. Smith was stopped at 11:05 p.m. Friday, on Route 5, Batavia, by Deputy Kevin McCarthy.

Jason Lee Perry, 18, of Telephone Road, Pavilion, is charged with criminal contempt, 2nd. Perry is accused of violating an order of protection barring him from offensive conduct toward a family member.

David Bernard Marsceill, 35, of Old Ford Road, Elba, is charged with criminal possession of a weapon, 3rd, strangulation, 2nd, and criminal mischief, 3rd. Marsceill is accused of choking another person during a domestic incident, causing that person to lose consciousness, of damaging a vehicle during the incident and possessing brass knuckles on two separate occasions.

Randy Lee Smith, 55, of Swamp Road, Byron, is charged with petit larceny and trespass. Smith is accused of stealing railroad tie plates located in the CSX Railroad right of way in the area of Route 19, Village of Bergen.

Russell P. Cessna, 24, of Batavia, is charged with burglary, 2nd. Cessna was arrested by State Police in connection with a burglary reported in the Town of Stafford on July 28. No further details released.

Jimmy R. Wenzel, 26, of Wyoming, is charged with criminal mischief, 4th. Wenzel was arrested by State Police in connection with an alleged incident reported at 2:45 a.m., Saturday, in Pavilion. No further details released.

Friends and family of Kelsey Milks met at the Richmond library parking lot this evening to walk in remembrance of her. Milks, 19, died in a three car motor-vehicle accident Dec. 16, 2012 on Route 63 in the Orleans County, Town of Shelby.

Daniel King says he decided to organize a walk for Kelsey because some people were unable to make the prayer walk they had for her in Pembroke on December 19th.

King says, "People do care care and need more love and community. It's important to show how much people matter. She made a difference in a lot of lives."

About 20 people walked from St. Joseph's Church down Main Street to the Falletti Ice Arena on Evans Street. She loved to ice skate King says. Kelsey's dog Ace made the trip, too.

Jesse Winnicki, from Corfu, says Milks helped him through college.

"She made such an impact on me," Winnicki said. "I don't know how things are going to be without her."

Parking was at a premuim near the corner of Libery Street and Central Avenue this morning as hundreds of Catholics filled St. Anthony's Church for the closing Mass of Thanksgiving. Bishop Richard Malone of the Buffalo Diocese presided over the last mass at the proud Italian parish.

Since 1908, St. Anthony's has served many on the Southside of the city. Today, some parishoners said they felt like they were attending a funeral. Many with tears in their eyes, and some even dressed in black. Ann Valerych has been going to St. Anthony's for 84 years. "This is more of a funeral Mass. It's the end of St. Anthony's and it didn't have to be."

In 2008, St. Anthony's was merged with Sacred Heart to become Ascension Parish. This was part of the Buffalo Diocese's Journey in Faith and Grace program. In September, the Ascension Parish Council recommended that St. Anthony's close its doors Jan. 1, 2013, because of the financial difficulties operating both churches.

The only bright spot of the Mass was one last baptismal. Daniel Fix and Gretchen Gautieri and Godparents Aaron and Kristen Fix brought Sadie Lynn Fix to the alter before the Bishop and the congregation to instill a feeling of a new beginning and celebrate a new life in the church. Gretchen and her family are long-time members at the parish.

"We still have a church to go to, even though it's not this one," Gretchen said. "It's still a sense of community and we will be able to pray together no matter where we are." 

In his homily, Bishop Malone expressed his understanding of people's feelings of anger and sadness over the closing. Malone says there are many Catholics across the Northeast experiencing the same things as you are here. He told parishoners, "We do this as a people who are strong in faith, who have profound hope that Christ leads us forward and to be able to have a kind love in our hearts to overcome the wounds. It's time for a real act of trust."

Paula Fischer says she has tried to fit in with folks at Sacred Heart but has had enough politics. She says it's bittersweet and she won't be staying with Ascension Parish/Sacred Heart.

"I don't feel that sense of community. The meshing of the two parishes never happened and I don't feel welcome." Fischer says. "The Catholic Church in America today, I don't like the path it is going. I have a strong faith, I will always be Roman Catholic. I will find another place to worship."  

The Buffalo Diocese has not said what its plans are for the church or any of the buildings on the property.

A Sheriff's deputy is asking dispatch for assistance with a very large, deep pothole in front of 2725 Galloway Road. It is in the westbound lane east of Macomber Road.

"It's very deep and will need some attention tonight," the deputy says.

The deputy tried to fill it in with some stone from the road but it was not enough.

The city fire department is responding to Lewis Place to hose off "a large amount of blood in the street" at the request of emergency responders. Regrettably, we don't know how the blood got in the street in the first place.

UPDATE 11:55 a.m. (by Howard): Called dispatch. There was a fight on Lewis Place last night. Somebody got a bloody nose.

A 17-year-old Batavia resident has been accused of forcing another person into a sexual act and was charged today with a felony count of criminal sexual act in the first degree.

Kyle H. Morse, of Bank Street, was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

The charge stems from an incident alleged Sept. 21 in the Town of Elba.

Youth Officer John K. Dehm investigated the report.