Skip to main content

City announces open house to introduce Batavia Opportunity Areas

By Howard B. Owens

Press release:

The first public open house to introduce the Batavia Opportunity Areas (BOA) will be held at the city’s Council Board Room at City Hall, One Batavia City Centre, at 7 p.m. on Wednesday, Dec. 5. An interactive forum will be facilitated by ELAN, an award-winning firm specializing in community revitalization. 

Those in attendance will be provided with information on the program, given an opportunity to meet the project team, and review information about the program. Members of the community will also have an opportunity to ask questions and provide input.

The meeting will be conducted in conjunction with the City of Batavia Opportunity Area Steering Committee, which includes members from the City of Batavia, Batavia Development Corporation, Batavia Business Improvement District, Chamber of Commerce and Genesee County Planning Department.

The purpose of the Batavia Opportunity Area program is to advance the redevelopment of under-utilized, vacant, abandoned, or contaminated commercial and industrial sites within the city. The focus areas include Downtown Batavia, the industrial corridor between Harvester Avenue and Liberty Street, and the Evans Street corridor.

This effort builds upon existing plans, including the city’s recently completed Community Improvement Plan, to advance redevelopment of strategic sites and areas within the city. The outcome of the BOA program will help the city as well as businesses and property owners in the area with obtaining grants and financial incentives for redevelopment.

For more information on the Batavia Opportunity Area program, visit the city’s Web site at www.batavianewyork.com.

Car that hit deer on Perry Road, Pavilion, now without lights, blocking traffic

By Billie Owens

Drivers on Perry Road in Pavilion should use extra caution as there is a car / deer accident at 10163 Perry Road and the vehicle is now without lights and blocking the roadway. Law enforcement is responding.

UPDATE 7:12 p.m.: An officer on scene says the location is south of Route 20.

Photos: Great gifts can be found at local shops

By Howard B. Owens

Here's your challenge for your next holiday shopping excursion: Stop into at least three locally owned businesses and see what they have to offer.

Local business owners are your family members, friends, neighbors and biggest boosters of our community. When you support them, you're really supporting yourself.

You can also find great gifts, affordable prices and get great service to boot.

Above, Sherry Valvo of Floral Fantasies. Below, Greg Gluck of Alberty's and Kurt Fisher of Fisher Sports.

BTW: I had an interesting conversation with Fisher last night. He pretty much exploded the myth that chains are less expensive than locally owned stores. He said his prices are consistently lower than chain sporting goods stores in the area, especially for coaches looking to outfit teams, but even on licensed products such as Bills and Sabres jerseys.

Young man who fled from assault charge given at least a year in prison

By Howard B. Owens

Twenty-year-old James Russell Kosiorek will have to go to prison, Judge Robert C. Noonan ruled Wednesday afternoon.

The former Le Roy resident had his sentencing delayed last week after Noonan decided he wanted more information on Kosiorek's mental health.

Today, Noonan said he was looking for some information that might explain why Kosiorek felt it was OK to flee to South Carolina after he was arrested on a felony assault charge.

"I was looking for some overriding, unreported psychological issue to help explain to me how you could behave so irresponsibly," Noonan said, "especially after a probationary sentence was placed on the table."

While it seems that no mental health professional who came into contact with Kosiorek ever really dealt with issues related to Kosiorek witnessing his brother's death at age 13, Noonan said that still didn't explain while Kosiorek fled.

He also noted that Kosiorek has found a new lease on life with a baby and plans to get married, but that at least one to three years in state prison was still the appropriate sentence.

Kosiorek was arrested in October 2010 for punching and kicking a victim in the head.

After jumping bail and heading to South Carolina, Kosiorek found a job, fathered a child and was engaged to marry.

At the first phase of his sentencing last week he said his new family meant everything to him and he wanted to lead a better life for his daughter.

Noonan did rule that Kosiorek could be considered a youthful offender, which means when he completes his prison term, he won't have a felony on his record.

"You will have that chance to start somewhat fresh when you are released," Noonan said.

Crash in front of Red Osier restaurant in Stafford

By Billie Owens

A two-car accident with air-bag deployment is reported in front of the Red Osier restaurant in Stafford. A female is complaining of wrist and facial pain. Stafford Fire Department and Mercy EMS are responding. The restaurant is located at 6492 E. Main St. Road.

Batavia man admits to causing baby's brain injuries

By Howard B. Owens

A Batavia man accused in September of causing a brain injury to a baby entered a guilty plea today to a single count of reckless assault of a child.

Twenty-four-year-old Randy Johnson faces up to seven years in prison on the conviction. The Class D felony carries no mandatory prison sentence, however, so the full range of sentencing options will be available to Judge Robert C. Noonan on Jan. 25, when Johnson is back in court.

Johnson entered his plea under what known as an Alford basis. The written charge contained a factual allegation that Johnson hit the baby's head on a hard surface. Johnson did not want to admit to that allegation as a fact.

The Alford plea allows Johnson to plead guilty on the assumption he would be convicted by a jury, but without admitting to any specific facts related to the charged crime.

In a written statement, and a spoken one he made today after his guilty plea, Johnson admitted to actions that led to the baby's injuries.

"I should have watched my actions," Johnson added after he said he was guilty on the charge.

In a written statement obtained by police Sept. 20, Johnson said that four weeks prior the baby he injured was crying and woke him up early in the morning. He said he was irritated and snatched the baby from its crib.

"When I snatched him, his head snapped back real fast, like a whiplash, then it went forward," he wrote.

On other occasions, Johnson wrote, he would play with the baby by throwing it in the air. At first, this made the baby laugh, but later it made the baby cry, and in the statement he admits that throwing the baby in the air and causing him to turn in the air, could have caused the baby's injuries.

According to Noonan, the baby's injuries consisted of subdermal and retinal hemorrhaging.

Johnson was arrested Sept. 25 and charged with three counts of reckless assault of a child. The plea satisfies all three counts.

On Aug. 24, Johnson took the stand in the Jacquetta Simmons case as a defense witness. District Attorney Lawrence Friedman attacked Johnson's credibility relentlessly while he was on the stand, indicating that Johnson had changed his story from his earlier interviews and what he testified to in court.

Johnson, as Friedman claim in court, has reportedly had numerous prior contacts with law enforcement. In 2009, he was charged with criminal mischief and unauthorized use of a motor vehicle. He was arrested in December 2010 on a harassment charge. In March 2012, he was charged with reckless endangerment of property.

Letter from Vito Gautieri opposing GCEDC funding

By Howard B. Owens

The Genesee County Legislature meets at 7 tonight and will vote on whether to approve the 2013 budget, which includes funding for GCEDC. Local businessman Vito Gautieri submitted this opinion piece on the matter:

I have seen a lot of comments on the $213,000 given to the GCEDC; some for, some against. The legislators voted, so I guess we have to take that as the pulse of the county? Then why did the 78.55% of taxpayers say no to funding and only 21.45% say yes (Batavian poll of November 21, 2012)?

I will not get into my accusation of the CEO of the GCEDC/GCLDC for his delay in awarding the contract on the Med-Tech project across from the GCC campus. My belief is that at least $50,000 to possibly $500,000 of taxpayers’ money was misspent. I am working on getting the state Attorney General or Comptroller office to look into my allegations. I welcome anyone who will help.

Two of our largest county not-for-profits, Genesee Community College and United Memorial Medical Center, are paying $15 a square foot for space at the Med-Tech Center, and the offices of the GCEDC/GCLDC are only paying about 1/3 of that ($5 +/-) for their space. The agency will not give me a pro-forma on the Med-Tech Center.  They say that is private information and FOIL tells me they should release the info. You know I do not mind paying $0.25 a page as required by FOIL law, but deep down I wish the agency would be more transparent to taxpayers. We can do a lot to make this agency more transparent.

Anyone interested in helping, please e-mail me at vjgautieri@gautieri.com. We will meet to discuss all this further.

Thank you,
Vito J. Gautieri
Taxpayer

Guy on bicycle with Steelers jacket sought by police

By Billie Owens

Police are looking for a white male wearing a Pittsburgh Steelers jacket and riding a bicycle in the area of the Dollar General store on East Main Street in Batavia. He reportedly "threw product" at a female customer inside the store after "becoming irate" following some sort of exchange. He was last seen leaving on the bike behind the store, which is located at 412 E. Main St., #3. Batavia PD is on scene.

Sponsored Post: Here's your chance to win two Buffalo Bills tickets from Southside Deli

By Howard B. Owens

In recognition of Power Ball reaching a $500 million prize pool, the New York State Lottery has provided Southside Deli with two tickets to this Sunday's Buffalo Bill's game at Ralph Wilson Stadium as a prize for a raffle drawing.

To enter the raffle, you most drop off a losing scratcher at the deli. Write your name and phone number on the back of the ticket. The winner will be selected Friday night in a drawing from all of those losing tickets. (If you don't have a losing ticket, go to Southside, buy some scratchers and leave a loser behind with your name and number on it for the drawing.)

Southside Deli is located at the corner of Ellicott and Liberty streets, Batavia.

The winner of the drawing gets both tickets. There is only one prize.

Rumors of a Muckdogs move soon seem to be greatly exaggerated

By Howard B. Owens

The future of professional baseball in Batavia seems, for the time being, inexorably tied to the future of baseball in Binghamton and Ottawa, Canada.

Now it seems, contrary to a prior report, the Binghamton Mets will not be moving to Ottawa, which means the Muckdogs won't be moving to Binghamton.

Baseball America reported the move, relying on unnamed sources, and then ESPN reported the deal fell through.

The response from Michael Urda, president of the Binghamton Mets?

Urda, who said he was “tired of answering the same questions every two weeks,” insisted no one from the ownership group or the organization had talked to Silver. He called the idea that “city officials” inquired about acquiring Batavia “ridiculous,” saying, “Who are ‘city officials?’ ”

Urda added that the idea that city officials would pursue a team also does not make sense because the B-Mets ownership group signed a four-year extension on their player development contract (PDC) with the New York Mets in August, and a five-year extension with the city on the lease for NYSEG Stadium prior to last season.

The article points out, however, that those deals would not necessarily be an obstacle to moving the franchise.

On the other hand, the investment group in Ottawa seems to be distancing itself from the Binghamton rumor.

Richard Billings, chief operating officer of Beacon Sports Capitol, told the Ottawa Sun on Tuesday that ESPN’s report was “inaccurate. ... We’re not there yet with a deal, and hopefully we’ll have something announced soon.”

The bottom line: Go ahead and buy those 2013 season tickets, get your outfield sign for your business. Your team still needs you.

Hochul's bill to donate lost clothing from TSA to veterans passes house

By Howard B. Owens

Press release:

Today, the House of Representatives passed H.R. 6328, The Clothe a Homeless Hero Act, which was introduced by Rep. Kathy Hochul (NY-26). The legislation will require the Transportation Security Administration (TSA) to partner with the Department of Veterans Affairs (VA) and local charities to distribute unclaimed clothing left at airport security checkpoints to homeless and needy veterans and veterans’ families. The bill passed by voice vote with strong support from members of both parties.

“As cold weather approaches across much of the country, this legislation will be a greatly needed help for homeless veterans while we work to end homelessness for good. It is unconscionable that so many of our veterans are homeless, and we must support our returning heroes. I am proud that my legislation to assist veterans passed with the bipartisan support of my colleagues,” Rep. Hochul said.

“Since joining the Committee, Rep. Hochul has worked tirelessly to identify bipartisan solutions to our nation’s problems, and thanks to her thoughtful leadership, the House took a small, but important, step in support of our veterans in passing H.R. 6328. We owe it to our veterans to do all that we can to ensure they get the helping hand needed to get back on their feet when they return from the battlefield.”

According to the VA, approximately 75,000 veterans are homeless on any given night, and about 20,000 veterans of the wars in Iraq and Afghanistan have been homeless within the last five years.

Hochul has consistently supported the needs of veterans throughout her time in Congress. She introduced the Vocational Employment and Technical Skills Act (VETS Act), which would make it easier for veterans to receive professional certification in skills they performed while members of the armed services. Rep. Hochul cosponsored additional legislation to encourage the hiring of veterans, including the Hiring Heroes Act that modernizes and improves programs to assist our veterans with the transition from service member to civilian life.

Dollar General store on East Main Street in Batavia just robbed

By Billie Owens

A robbery just occurred at the Dollar General store on East Main Street in Batavia. The suspect fled on foot, heading east of the store toward Harvester Avenue. The suspect is described as a black male, 6-feet tall, about 240 pounds, wearing a camel-colored jacket. Multiple police units are responding to the store and the area. The suspect "pointed a pocket at (the clerk), indicating he had a gun."

UPDATE 6:53 p.m.: The suspect is further described as having a mustache, a small Afro hairstyle, and also wearing jeans.

UPDATE 7:55 p.m. (by Howard): On the scene, Sgt. John Peck said the suspect is described as a possible Hispanic male, medium skin tone, probably in his 20s, wearing a hooded Carhartt-type jacket.

The suspect handed the clerk a note "threatening harm" and pointed to his hip indicating a gun possibly in his jacket pocket or under his coat.

The clerk complied with the demands of the note and opened the drawer. The man reached in and grabbed all of the cash out of the drawer.

Peck said detectives are reviewing video footage from the store's surveillance cameras.

It's possible the suspect has been in the store before.

The suspect was last seen running toward Pizza Hut.

"As far as we know it was just him," Peck said.

Local law enforcement responded quickly after the robbery was reported, Peck said. Besides three Batavia PD patrols, the State Police and the Sheriff's Office had cars in the area.

"By sheer luck, we were very, very near," Peck said. "We don't think any vehicle was involved. We saturated the area and turned up nothing so far."

Lack of sleep, alcohol and a damaged suspension all possible factors in fatal accident

By Howard B. Owens

As near as investigators can conclude, 25-year-old Quayshawn D. Smith was tired, drunk and driving a car with broken suspension April 22 when his 1997 white Buick Century crossed the center yellow line on Lewiston Road and smashed head-on into a minivan driven by a 74-year-old Oakfield resident.

Both Smith, of Mill Street, Medina, and Rosemary Calla, of South Main Street, were dead before the first emergency responders arrived.

While Sheriff's Office investigators draw no conclusions in a recently completed final report on the accident, the three proximate probable causes for the accident are contained in witness statements, observations by investigators and a medical examiner's report.

The ME's report took many months to complete, which is why the investigation wasn't closed until a week or so ago.

According to the Monroe County ME, Smith's BAC was between .08 and .12 (depending on whether the urine or blood sample is used) at the time of the crash. He also had marijuana in his system.

Two people from Geneseo told investigators that they had been with Smith the night before the accident drinking, first at local bars and later at an after-hours party at a residence.

Before going to the house party, Smith gave his car keys to a friend so he wouldn't drive, according to a statement. 

Another more recent acquaintance in his statement said he obtained the keys prior to the party, but when he thought he was going to walk home, gave them to Smith's friend.

Smith's friend denied having the keys at the party.

The acquaintance ended up staying at the party and then got a ride home from Smith. Smith's friend was also a passenger in the car.

According to the acquaintance's statement, Smith was weaving while driving the two passengers back to the friend's house, but he attributed the weaving to Smith being tired, not drunk.

Back at the house, the three men were going to get something to eat, but nothing in the house appealed to them, so Smith decided to leave. Smith's friend offered him a place to sleep, but Smith declined and said he was OK to drive.

The friend said he didn't consider Smith drunk, just tired.

At 6:10 a.m., another Geneseo resident who was driving to Clarence reportedly saw a white sedan pulled over on Route 63 south of the Peoria Curve. The driver observed a man in dark clothing with a hoodie pulled over the side of his head and walking back toward the driver's side door as the witness passed.

There's no evidence this was the same white sedan driven by Smith, however, the Geneseo resident said the white sedan eventually caught up with him (he said he was driving 55 mph) and was weaving in the roadway, sometimes acting as if he wanted to pass, even over a double-yellow line, and the swerving back into the shoulder of the road.

At Route 20 and Route 63, the two cars went separate ways, with the white sedan continuing northbound on Route 63. The Geneseo resident said he intentionally delayed his left turn onto Route 20 so he could observe the driver of the white sedan, whom he described as a black male.

The Geneseo resident never called police until after he learned of a white sedan being invovlved in a double-fatal accident on Route 63.

The accident was reported at 6;46 a.m. in the area of 7936 Lewiston Road, Batavia.

Smith's car crossed the double-yellow line and the two cars hit head-on with the impact area being about 3/4 of the front of each vehicle.

The black box (EDR, for electronic data recorder) in the Buick indicated that Smith wasn't wearing a seat belt, but emergency responders all reported finding Smith strapped in by both a lap belt and shoulder harness. Sgt. William Scott who prepared the reported concluded the EDR reading was in error on that point.

The EDR recorded the Buick's speed at 52 mph just prior to impact.

Scott could not recover the data from the 2002 Mazda minivan driven by Calla because its software was incompatible with the software used by both the Sheriff's Office and State Police.

Using mathematical calculations, Scott concluded Calla's speed just prior to impact was 39.93 mph.

"It is possible that the driver's age or a recognition of an impending collision could have allowed the driver of the Mazda to reduce speed just prior to impact," Scott wrote in his report.

While Smith was over the legal limit for blood alcohol content at the time of the crash, and had been up all night, according to witnesses, the suspension on his car was also damaged.

It had a broken left rear trailing arm. It's the piece that connects the axle to the frame and keeps the axle from moving forward and backward.

Rust on the part indicates it had been broken many months, or longer, prior to the accident and that Smith had been driving the Buick in that condition for some time.

It was probably moving backward and forward two to three inches, according to Scott's report.

"This would have been enough to give the feeling that the vehicle's rear end was steering the car to one side or the other," Scott wrote.

Investigator William Ferrando obtained Smith's mobile phone from the vehicle and concluded Smith had been neither making a phone call nor texting prior to the accident.

The phone proved crucial to making a notification to a member of Smith's family.

While Smith was living in Medina at the time of the crash, not long before he lived in Brooklyn and his neighbors didn't know how to contact his family.

Ferrando was able to call Smith's aunt using Smith's contact list on the phone. The aunt at first didn't believe Ferrando was with law enforcement because Smith had once pulled a similar prank on her. The aunt told Ferrando that Smith's mother was deceased and she didn't know how to contact his father.

Smith had been enrolled in a carpentry program in Medina, but was employed at Brunner International at the time of the accident.

One of Calla's daughters was notified of her mother's passing that Sunday morning shortly after the accident by a uniformed deputy who went to her house in Oakfield.

Car crash, neck injury, in Stafford

By Billie Owens

A two-car accident with a minor injury is reported at Bethany Center and Ellicott Streets roads. Stafford fire and Mercy EMS are responding. A person is complaining of neck pain.

UPDATE 7:01 p.m.: Stafford is back in service.

UPDATE 7:09 p.m.: A 31-year-old female is being taken to UMMC with complaints of back, shoulder and neck pain.

Submitted photo: Employees at Liberty Pumps contribute to Sandy relief

By Howard B. Owens

Press release:

Several employees of Liberty Pumps contributed to the purchase of items to be shipped to help with Super Storm Sandy relief efforts. Items sent by Liberty employees included cleaning supplies, first-aid supplies, toiletries, food items, paper products, baby items, batteries, winter clothing, pet items and much more.

Also contributing to this shipment was C&M Forwarding, a local trucking company that shipped this huge pallet at no charge!

Batavia officials looking for photos to include in city's new Web site

By Howard B. Owens

Press release:

As part of the City of Batavia’s Strategic Plan the city is redeveloping its Web site and is looking for community members to submit their pictures.

Anyone that would like to submit their picture(s) for consideration to be used on the city’s Web site should e-mail the pictures, preferably as a JPEG, to jfreese@batavianewyork.com.

Pictures will be accepted at any point throughout the year; however, to kick off the development of the new site, the first round of pictures should be received by Monday, December 17th.

The photographer of any picture selected for use on the city’s Web site will be identified on the Web site and will be asked to complete a release for the city to use the picture(s).

Possible subjects to consider would be seasonal pictures throughout the community, landmarks, fireworks at Dwyer Stadium, Muckdogs, sporting events, community events, parks, and any other subjects that represent Batavia and will highlight its attributes.

Please call 345-6333 with any questions.

Minor injuries reported in accident on Slusser Road, Batavia

By Howard B. Owens

A woman and two children reportedly suffered minor injuries in a two-car accident in the area of 8294 Slusser Road, Batavia.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 3:03 p.m.: Fire police requested to the scene.

UPDATE 3:42 p.m.: Two patients being transported to UMMC. Sounds like very minor injuries, if any.

Batavia Area Jaycees announce annual Christmas lights contest

By Howard B. Owens

Press release:

The Batavia Area Jaycees will be out driving around on December 9th looking at all the homes that are decorated for the Holiday Season. Judging will take place within the City of Batavia limits.

The following categories will be looked at:
· Most Traditional
· Simple & Elegant
· Most Colorful
· Most Commercial
· Overall

This contest and the awards to be given out are meant as a friendly community project. If you have any questions about the contest, you can contact the Batavia Area Jaycees at bajny@yahoo.com, on Facebook at https://www.facebook.com/BataviaAreaJaycees, on the Web at http://www.bajny.com/ or leave the Jaycees a message at 585-343-5775.

Top Items on Batavia's List

Gas stove, dryer, queen bed and boxspring, books, bikes, legos, mens and womens clothing and much more. Cash and Venmo accepted. May 24-26 8am-? 5050 Batavia Elba Townline rd Batavia 14020
Tags: garage sales

Authentically Local