Skip to main content

ERT called out for barricaded subject on State Street

By Billie Owens

We believe the Emergency Response Team has been dispatched to the area of State Street at Douglas Street after a report of a barricaded male subject. Law enforcement has established a perimeter.

We think the call may have started when two people were involved in what was described as a domestic situation on State Street, and subsequently one of the subjects barricaded himself inside a residence. Mercy medics and city fire are staging at State and Douglas.

Now emergency dispatch has switched to a secure law enforcement channel.

UPDATE 5:22 a.m.: A man who lives on State Street north of Douglas Street barricaded himself with a knife on the second floor of his residence. A tactical officer outfitted in full camoflage, armed with an assault rifle was stationed at the scene outside the house. A male neighbor family member was contacted to try and talk the subject into surrendering, which he did. The suspect was taken into custody a short time ago and officers are clearing the scene and opening the streets near the house, which had been shut down. Mercy medics and city fire are back in service.

UPDATE 6:15 a.m. (from news partner WBTA): Det. Sgt. Todd Crossett said law enforcement responded to a domestic incident at 252 State St. An officer was let in the front door by one of two brothers who had been arguing. The second brother approached the officer wielding a large kitchen knife and the officer said he felt very threatened. The brother who let the officer inside stepped between the knife-wielding brother and the officer; the officer and the brother had no other recourse but to retreat. "This could have ended very badly," Crossett said. "The officer showed great restraint." The knife-wielding brother went upstairs and refused to communicate with officers. The ERT was activated. Family members arrived at the scene. The subject was talked into coming downstairs, which he did but then retreated. He was coaxed down a second time and walked toward the front door and was then tased and taken into custody. Statements are being taken and an investigation is under way. It has not been determined if charges will be filed.

Photos courtesy of Jim Burns.

Public Service Committee to recommend accepting donation of ice rink for DeWitt

By Billie Owens

The donation of an "old school" ice rink, the status of flooded County Building #2, construction at the airport, Albany's inflexibility regarding bid procedures, and indigent defense were all topics of discussion at Monday afternoon's Public Service Committee meeting. 

Oh yes, and no filbert trees were available for sale this year from the Soil & Water Conservation District. But more on that later.

Highway Superintendent Tim Hens recommended that the committee accept the donation of an old-fashioned ice rink -- a veritable "duck pond" with "dasher boards" -- from Oakfield-Alabama Central School District (OACSD) for use at DeWitt Recreation Area off Cedar Street in the City of Batavia.

There is an area long designated for an ice rink in the master plan for DeWitt -- which is overseen by county Parks, Recreation and Forestry -- and if approved by the county Legislature, this is where the rink would be installed.

After a brief discussion, the committee unanimously approved recommending that the "as is" donation be accepted. It was originally paid for by OACSD with a $1,000 state grant.

"This is great for the county and the city," Hens said.

The Oakfield-Alabama district used the ice rink for two years, then it became problematic to maintain. A corps of volunteers will be needed to set it up, flood it with water, and keep it maintained during the winter.

"There's no Zamboni that comes with it," Hens quipped.

County Manager Jay Gsell agreed.

"It's skating in the park," Gsell said. "It's not Rockefeller Center. There won't be a Christmas tree."

Committee Member John Deleo asked about power and lighting for the ice rink.

Hens said all the possibilities are being looked at, but they are leaning toward LED with a solar-powered "hot box."

Water and sewer lines at DeWitt will be extended for a new restroom facility under construction, and lighting will be added at that time, Hens said. 

Deleo asked about parking to access the rink and Hens said if the rink is installed, the south parking lot would be opened in winter. Currently, only the north parking lot is kept open year-round.

The committee also voted to recommend approval of two candidates for the Parks, Recreation and Forestry Advisory Committee: Tom Clark and Jerome Gentry.

And Hens asked the committee to recommend awarding a bid to buy one cargo van with a sliding door for $25,000 or less for motor-pooling, and members agreed to this.

As for the recently flooded County Building #2 on West Main Street Road in the Town of Batavia, it has been fully remediated, Hens reported.

The contractor thoroughly dried the place out after a busted pipe caused extensive water damage during the winter. Mold and mildew were eradicated, even the floorboards in the information/technology area were raised and the space vacuumed.

Drying the facility cost $30,000. Repairs/plumbing/painting/tile work on top of that are estimated at $88,000, according to Hens. When allowable depreciation is factored into the mix, the total cost drops from $118,000 to $113,000 -- below the insurer's cap of $115,000 for this incident. The county's deductible is $10,000.

The contractor detailed 44 pages of work needed as a result of the mishap, which by all accounts would've been a lot worse if an employee hadn't stopped in on his day off, over the weekend, and found the broken pipe.

Hens said a private contractor will be employed to do the repairs, such as replacing tile, drywall, appyling a vinyl basecoat and other painting. This will enable county workers to stay on task with outdoor jobs that need to be done during the warmer months.

The new offices at the county airport will be completed by March 24, with the exception of "punch list items" like giving epoxy time to dry, then the big move -- read "big hassle" -- will ensue. The committee may hold its May meeting there, and get a tour. (The April 18 meeting of the Public Service Committee is already promised to the Sheriff's Office on Park Road.)

Lastly in terms of Hens' report, was the inscrutable logic of the state Comptroller's Office as regards the award of bids for highway contruction materials.

For example, take the weighty materials used for road bulding during the summer like asphalt -- whose price has dropped 15 to 20 percent due to the lower cost of crude oil and the price of gasoline -- or quarry stone. The price of these heavy cargo items is modified to account for hauling. So, take the low bidder then factor in another 50-cents-per-mile as the cost to get the materials to the job site.

They call it awarding a "catalog of options for vendors."

"This is the way counties in the Rochester region do business," Hens said. "Otherwise, I couldn't do my job."

But it's not the way the Comptroller's Office in Albany recommends doing business.

In fact, the mathematics appeared to stupefy the representative from the Comptroller's Office, despite an hour-long phone conversation with Hens articulating current procedures and the logic for them.

"That's frightening that someone can't understand that," Committee Chair Marianne Clattenburg said.

Gsell said it's actually not that they don't get it, it's that they lack flexibility and can't think outside the confines of their specific framework, making the gesture of a big square box with his hands. He cited New York's lack of national buying cooperatives and its dearth of "piggy-backing" to boost purchasing power as examples of New York government failures.

To avoid being scapegoated with an audit for not following the Comptroller's Office's recommendations to cease using a "catalog of options" approach, resolutions are being proposed for the Genesee County Legislature to sign. They are intended to underscore and articulate the local preference for doing business the way it has long been done by counties in the region.

And speaking of Albany, Public Defender Jerry Ader told the committee on Monday that he's asking for more money to defend the poor, something which is constitutionally the state's responsibility, but which has been palmed off onto counties for the past 45 years.

A grant for $344,200 is available, at no cost to the county, to help pay for indigents' legal bills, and he asked the committee to recommend accepting the grant. They unanimously agreed.

Ader also asked committee members to pass a resolution calling on the state to increase funding for indigent defense for all New York counties, not just the five counties (unspecified) which are now being sued by the American Civil Liberties Union for their allegedly poor defense of the poor.

The five counties are to be demo sites for a proposal to gradually allow the state, through the Office of Indigent Legal Services, to: oversee reimbursement of costs; ensure standards are met; and that caseloads are properly managed. Each county would simply administer the program.

"How do you justify not doing this for all counties?" Clattenburg asked.

Exactly, Ader said, "you can't unring the bell," noting that it's Governor Cuomo's task to find a way to fund the upgrade of indigent defense across the board. Until then, Genesee County, too, is at risk for getting sued by the ACLU, Gsell said.

Even so, local representatives seem a bit blase about the issue. Ader noted that neither Senator Mike Ranzenhofer nor Assemblyman Steve Hawley have boarded the bandwagon, which to date consists of a less-than-whopping two lawmakers. State lawmakers will select bills to vote on within the next two weeks.

Meanwhile, the annual Tree & Shrub Sale of the county Soil & Water Conservation District just wrapped up. At least officially, the deadline was March 11. 

Member Robert Bausch told district Director Pamela Whitmore he usually buys something every year. We do not recall whether he specifically mentioned having bought a hazelnut tree, but Whitmore replied flatly: "We don't have any filbert trees this year."

Whitmore also reported that the district is not seeking an increase in appropriations, nor are there staff changes afoot, although there is one position open.

At present, Water & Soil is focusing on stream water quality and water bank fortification, said District Manager Greg Tessmann.

He said they are in a partnership with SUNY Brockport to monitor water quality in streams and that the results of testing samples will be available this fall.

Committee Member Shelley Stein said she has been told about the exceptional staff at Soil & Water -- how they are "aggressive, motivated, interested and committed."

Lastly, county Weights & Measures Director Don Luxon told the committee he is considering retirement, but said he would provide a few months notice once the decision is made.

11th Annual Batavia Antique Show & Sale is this Friday and Saturday at Batavia Downs, benefits HLOM

By Billie Owens

Press release:

The 11th Annual Batavia Antique Show & Sale to benefit the Holland Land Office Museum will be held this Friday and Saturday, March 18 and 19, at Batavia Downs Gaming, located at 8315 Park Road, Batavia.

Cost is $5 per person; children 12 and under get in free; parking is always free. Coupons are available at HLOM.

On Friday, the event runs from 5 to 8 p.m.; on Saturday, it runs from 9 a.m. until 3 p.m.

The Batavia Antique Show & Sale began in 2006 with only 12 local dealers at a small church. The show has since been established as one of the major events in Genesee County featuring dealers from all of Western New York, the Southern Tier, Central New York, and even out-of-state dealers!

All proceeds from the Batavia Antique Show & Sale benefit the educational and historical programs at HLOM. Whether you are a veteran antique hunter or a beginner looking to start collecting, the Batavia Antique Show & Sale is the right price, conveniently located, and there is something here for everyone!

For more information, call the Museum at 585-343-4727.

Registration is under way for Youth Recreation programs at Gillam Grant Community Center in Bergen

By Billie Owens

Registration is currently under way for Youth Recreation programs with the Gillam Grant Community Center in Bergen.

The Spring and Summer programs open for registration include youth softball, baseball and soccer. These program are open to any youth regardless of school district or town.

To register or to learn more please visit www.gillamgrant.org/register.aspx. For additional assistance contact their offices at (585) 494-1621.

Hawley says Assembly's one-house budget will hurt farms and its minimum wage increase is misguided

By Billie Owens

Press release from Assemblyman Steve Hawley:

“The Assembly’s One-House Budget Resolution is yet another example of entrenched New York City politicians trying to force misguided and dangerous policy on the rest of the state. The one-house budget, crafted entirely by the Assembly Majority, accepts the governor’s $15-per-hour minimum wage increase, which would adversely impact local small businesses. It also decreases agriculture local assistance, hurting Western New York’s fertile farming industry.

“Furthermore, I am outraged that no repeal of the unconstitutional SAFE Act or large-scale infrastructure funding are included. Both the Gov. and Assembly Majority have proposed eliminating $50 million in winter recovery funds that are vital to my district’s infrastructure after brutal Western New York winters. Last week I called for a large CHIPs increase in the budget and while the Assembly Majority has included a small increase, it is in no comparison to the infrastructure needs of our area’s roads, bridges and highways.

“What we need are solutions that work for the middle class with Upstate views in mind. Tax cuts for businesses and residents would streamline our economy and help produce jobs instead of kill them as the governor and Assembly Majority intend to do. Furthermore, we need to protect our local agriculture industry, and that starts with adequate funding to protect and expand the sector. I intend to fight for these provisions as we move toward a final state budget.”

Law and Order: Ellicott Street resident accused of punching staff member in chest while being treated in emergency room

By Billie Owens

Kevin G. Viehdeffer, 55, of Ellicott Street, Batavia, is charged with second-degree harassment. He was arrested March 7 at 6:30 p.m. following a complaint that he punched a staff member in the chest while being treated at the emergency room at UMMC. He is to appear in Batavia City Court this afternoon. The case was handled by Batavia Police Officer Jason Ivison.

Brandon Michael-Eckerd Valdes, 27, of Burr Avenue, Binghampton, is charged with exposure of a person, second-degree harassment, obstruction and resisting arrest. He was arrested at 1:42 a.m. on March 12 after an incident that occurred a short time earlier on West Main Street, Batavia. He was jailed on $1,000 cash bail, or bond. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Wojtaszczyk.

Patrick D. Neaverth, 35, no permanent address, was arrested on March 13 at 6:54 p.m. and charged with first-degree criminal contempt, third-degree criminal mischief, and second-degree burglary. He allegedly damaged a glass door and entered a residence. He was jailed without bail. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Arick Perkins.

Brian Phillip Smith, 56, of Ellicott Street Road, Bethany, is charged with criminal possession of a weapon in the fourth degree. He was arrested on March 14 following an investigation into an alleged domestic disturbance that occurred on Feb. 28. Smith was allegedly found in possession of a stun gun. He was released under supervision of Genesee Justice and is to appear in Town of Bethany Court at a later date. The case was investigated by Sheriff's Deputy Rachel Diehl, assisted by Deputy Ryan DeLong.

Chayse R. Brownlie, 19, of Maxon Road, Attica, is charged with DWI with a BAC of .08 or more, DWI, and no having no headlights. At about 3:05 a.m. on March 13, Brownlie was stopped on West Main Street in Batavia for driving without headlights. After further investigation, the driver was arrested for allegedly operating the vehicle while intoxicated. Brownlie is scheduled to appear in City Court at 9 a.m. on March 30. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Felicia DeGroot.

Michael John Palvino, 25, of Stillmoon Crescent, Rochester, is charged with DWI with a BAC of .08 or greater, DWI, and speeding. He was stopped for allegedly speeding on Lewiston Road in Batavia at 1:01 p.m. on March 13. An investigation allegedly revealed he was intoxicated. He is to be in Batavia Town Court on April 7. The case was handled by Sheriff's Deputy Thomas Sanfratello.

Brad L. Ohlson, 39, of Central Avenue, Batavia, is charged with disorderly conduct. He was arrested March 12 at 5:15 p.m. following a verbal dispute wherein Ohlson allegedly used obscene language in the presence of several people, including multiple juveniles. He was jailed and bail set at $250. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Chad Richards.

Demetri C. Stewart, 23, of Lewis Place, Batavia, was arrested on a bench warrant and released after posting $100 bail. He is to appear in City Curt this afternoon on an unspecified charge stemming from an incident on Feb. 24 on West Main Street, Batavia. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Peter Flanagan.

(Name redacted), 18, of Violet Lane, Batavia, is charged with unlawful possession of marijuana. The suspect was arrested on Donahue Road in Batavia following a traffic stop of a disabled vehicle. The suspect was allegedly found to possess a small amount of marijuana stored in the vehicle. The suspect was issued an appearance ticket for Town of Batavia Court on March 28. The case was handled by Sheriff's Deputy Eric Meyer.

Fire alarm prompts evacuation at John Kennedy School

By James Burns

There was a fire alarm at John Kenedy School around 10 a.m. this morning. Batavia Fire Department responded and shortly after their arrival the students were given the all clear to return to the building. 

_64t8509.jpg

_64t8514.jpg

Two arrested in Oakfield robbery

By WBTA News

Two Oakfield men remain behind county bars this morning charged with holding up a convenience store. Tyler Penepent and Justin Smith, both 21, are each charged with a felony count of robbery in the first degree.

Deputies say the two walked into the 7–11 store on Main Street in Oakfield about 2:30 yesterday morning wearing ski masks.
They confronted the clerk and demanded the code to the cash register. They took off with an undetermined amount of cash.

The clerk was not injured.

Penepent and Smith are jailed in lieu of $25,000 bail.

Darien Lake to hold job fair

By WBTA News

News release:

The region’s largest seasonal employer is looking to fill 2,000 open positions across its operations, including amusement park, water park, lodging, entertainment, food, and retail departments. 

Darien Lake has already begun accepting applications for the upcoming season with some positions starting as early as April. The park will open for the 2016 season on May 7 with full, daily operations beginning June 20.

Darien Lake will be hosting an open job fair at the Park’s Lodge on the Lake Hotel on Saturday, March 19 from 10 a.m. to 2 p.m. For more information about the job fair visit www.darienlake.com/jobs.  

Interviews for the following positions will be held during the job fair: food service, park services, games, admissions, ride operations, lifeguards, rentals, warehouse, retail, hotel/campground, attractions, and security officers. 

“With another thrilling new ride and continued expansion at the park this season, we’re in need of even more energetic and fun-loving employees than ever before,” said Darien Lake General Manager Chris Thorpe. “We’re seeking friendly, ambitious applicants of all backgrounds who are interested in helping us create memorable experiences for our guests.” 

City Council OKs budget and pay raises with objections

By WBTA News

Over the objections of three Batavia City Council members, a dozen city hall management employees will get a pay raise on April 1.

The objections came in the form of “no” votes on the 2016-2017 city budget and a separate resolution authorizing the 2.75-percent pay increase.

Voting against the budget and the pay raise for the managers, not covered by a union contract, were council members: Paul Viele, Ward 1; Kathy Briggs, Ward 5, and Rose Mary Christian, Ward 6.

Ward 4 Councilman Al McGinnis was absent from the meeting.

“I just couldn’t support the pay raise right now,” Viele said, “not that they don’t deserve it, but taxpayers deserve a raise, too. We’ll see what happens next year.”

Another resolution to increase the hourly rate of part-time and seasonal employees from $9 per hour to $9.31 was passed with Viele, Briggs and Christian voting no. Christian and Viele also voted no to a 3-percent increase in water rates.

The $16.3-million budget called for a tax levy of $5.1 million, which translate into a tax rate increase of .8 percent. The budget becomes effective on April 1.

 

Fire reported at Baskin Livestock

By James Burns

Town of Batavia, Bethany and Alexander fire departments responded to a fire at Baskin Livestock. The fire is in a silo at the east end of the building, located at 9778 Creek Road in Bethany. The fire is contained and under control. 

untitled_shoot-8500.jpg

untitled_shoot-8509.jpg

Law and Order: Le Roy man arrested for allegedly slamming a female into a wall, causing injury

By Billie Owens

Thomas Alan Alexander, 53, of Lake Street Road, Le Roy, is charged with second-degree harassment. He was arrested on March 13 following the investigation of a harassment complaint on Lake Street Road in the Town of Le Roy. He allegedly slammed a female into a wall causing physical injury. He is to appear in Le Roy Town Court on March 28.

Nolan Robert Powless, 18, of East Center Street, Medina, is charged with: second-degree aggravated unlicensed operation; being an unlicensed operator; and having a plate lamp violation. He was arrested on a bench warrant out of Town of Batavia Court for allegedly failing to appear for court. The charges stem from a traffic stop on Jan. 12. He is scheduled to be in Town of Batavia Court on April 6.

Some changes in how things get covered the next couple of weeks

By Howard B. Owens

For at least two weeks, I'm going to be unable to do much work.

Friday morning I was diagnosed with a detached retina in my right eye. I'm having surgery this morning. I get to spend the next week in a constant facedown position. It will be at least two, possibly three, weeks before I can return to work.

Billie is going to step up and provide more news coverage. Our corps of freelance contributors are also ready to pitch in, as is our news partner WBTA.

You can help, too: If you there is something going on you think others in the community will be interested in knowing about, email photos and information to billie@thebatavian.com.

Anything related to advertising support, contact Lisa Ace at lisa@thebatavian.com.

I'll have access to e-mail. I'll forward anything work related to Billie or Lisa.

As for me, I'll be fine. It's not going to be fun, but I get to catch up on all the movies and documentaries on Netflix that I never have time to watch. There's also the NCAA tournament starting, which I usually can only watch portions of here and there.

Robbery in Oakfield

By WBTA News

Robbery this morning in the Village of Oakfield.
Genesee County Sheriff’s deputies are investigating a robbery of the 7-11 Store in on Main Street in Oakfield.
Deputies say two masked men entered the store about 2:30 this morning.
They forced the store clerk into a back room and demanded the code for the cash register.
The two then scooped up cash and fled the building.
The clerk was not injured.
Deputies said the thugs displayed some type of object during the heist but did not describe it as a weapon.

Easter Bunny gets some help in Le Roy

By Raymond Coniglio

eggs313163.jpeg

Even the Easter Bunny needs helpers.

About two dozen of them gathered at the Le Roy Moose Family Center on Saturday morning, to prepare for the upcoming community Easter Egg Hunt.

The free event draws hundreds of children every year. But before the hunting, comes the stuffing.

And so about 6,600 multicolored plastic eggs were filled with candy on Saturday.

The roster of helpers once again included Marlene McMahon — who has participated every Easter season for 20 years — as well as representatives of the Moose, Le Roy Business Council, Knights of Columbus, American Legion and Rotary Club of Le Roy; and students from Le Roy and Notre Dame high schools.

Oatka Fish and Game Club and Northwoods Sportsman Club helped pay for candy. Nearly 20,000 pieces were placed in the eggs.

The Easter Egg Hunt is scheduled for 1 p.m. March 26 and will include an appearance by the Easter Bunny, hot dogs, prizes and more. The event is for children 12 and under, who are divided by age group.

There is no charge. Everything — from eggs and candy, to food and labor — is provided by volunteers.

“They make it happen,” said Bob Bennett, president of the Business Council, which coordinates the event.

eggs313164.jpeg

Marlene McMahon has helped prepare for Le Roy's Easter Egg Hunt ever year for 20 years.

eggs313161.jpeg

Notre Dame, Alexander and Pembroke high school students awarded scholarships at ARC 50th gala

By Billie Owens

(Submitted photo.)

Courtesy of our news partner WBTA:

The Genesee ARC awarded $1,000 scholarships on Saturday to each of three local students planning to pursue a career in the field of developmental disabilities.

Receiving the scholarships were: (seated on stage from left) Michelle Martinucci, Notre Dame High School; Hunter Marzlof, Alexander High School; and Alison Reiner, Pembroke High School.

The scholarships are named in memory of Mary Anne Graney, parent, educator, advocate and friend of the ARC. The scholarships are funded through the annual Mary Anne Graney Friends & Family 5K run.

Presenting the scholarships on Saturday were: Ted Graney, Mary Anne’s son, NYS Assemblyman Steve Hawley and ARC Executive Director Donna Saskowski.

Town of Batavia fire holds annual installation and awards dinner

By Howard B. Owens

tobfiremarch122016-2.jpg

Patrick Spear received the Firefighter of the Year award from Deputy Chief Dan Coffey on Saturday night during the Town of Batavia Fire Department's annual banquet at the Clarion Hotel.

The department responded to 317 calls in 2015. An average of 10.8 volunteers responded to each call and total man hours spent on calls exceeded 25,000. The volunteers also attended 76 training sessions.

"I think those are some pretty impressive numbers when you think about how we all have jobs, we all have families, we all have other obligations to attend to," Coffey said. "I truly want to give you guys a round of applause. We wouldn't be successful without that dedication."

tobfiremarch122016-3.jpg

Gary Diegelman​ was recognized for his 40 years of service to the department.

tobfiremarch122016-4.jpg

William Zipfel was recognized for his 45 years of service to the department.

tobfiremarch122016.jpg

Photo: Dragon sunrise in Bethany

By Howard B. Owens

yeomans_dragon2016.jpg

Doug Yeomans took this picture. It's of the metal dragon sculpture on Transit Road in Bethany, Pavilion sunrise, yesterday morning.

CORRECTION: A reader, admittedly being nitpicky, wrote to say this dragon actually sits on the Pavilion side of Transit Road, not the Bethany side.

 

Person reportedly lost in woods, maybe suffering from hypothermia, in Town of Batavia

By Billie Owens

epfdrescuemarch122016.jpg

A person is reportedly lost in the woods and may be suffering from hypothermia in the area of 3094 W. Main Street Road (Route 5), Town of Batavia. East Pembroke Fire Department (it's in their fire district) is on scene, along with Sheriff's deputies, and Alexander fire's Gator is called to respond along with Mercy medics. The person is on the south side of a creek. Mercy Flight is on standby.

UPDATE 938 p.m.: Two men were in a raft on the creek when one fell in the water and became submerged. The other man tried to help him out of the water using an oar/paddle, but this proved difficult and he called for help. The guy who fell in the water was transported to the hospital for evaluation. The other was a sign off.

epfdrescuemarch122016-2.jpg

Top Items on Batavia's List

Authentically Local