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Six arrests reported at Blake Shelton concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Blake Shelton concert at Darien Lake Performing Arts Center on Saturday. 

Richard A. Laskowski, 47, of Claudette Court, Cheektowaga, is charged with criminal mischief, 4th, after allegedly recklessly causing damage to a vehicle over $250.

Farron R. Rich, 23, of Slaterville Road, Brooktondale, is charged with harassment, 2nd, after allegedly biting a CSC Security Guard.

Kayla D. Michael-Lane, 18, of Gulf Road, Holley, is charged with harassment, 2nd, after allegedly punching another concert patron in the nose.

Matthew Lilly, 25, of Marsh Road, Lyndonville, is charged with disorderly conduct after allegedly being involved in a fight in the parking lot.

Anthony M. Conrad, 26, of East Center Street, Medina, is charged with disorderly conduct after allegedly being involved in a fight in the parking lot.

Holly M. Bernhardt, 52 of Sovocool Hill Road, Groton, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Tree with wires down on Main Road, Stafford

By Howard B. Owens

A tree is down with wires across the roadway on Main Road, Stafford, near Fargo Road.

Stafford fire is responding.

UPDATE 7:13 p.m.: Traffic is being slowed, not stopped, on Route 5.

Four-car smash-up at Alleghany and McVean roads, Darien

By Billie Owens

A four-car pile-up, with injuries, is reported at Alleghany and McVean roads. Darien Fire Department and medics are responding.

UPDATE 6:30 p.m.: Darien assignment back in service. One person transported to an area hospital.

Photos: Water flow training at DeWitt

By Howard B. Owens

Genesee County Emergency Management Services was conducting water pump operations training for new recruits this afternoon at DeWitt Recreation Area, with assistance from Le Roy fire and Byron fire departments.

The goal while I was there was to get the flow up to 1,500 gallons per minute. Town of Batavia's Ladder 25 is capable of flowing 2,000 gallons a minute.

If you want to do fun stuff like this, become a volunteer firefighter in your community. Visit Ready Genesee for more information.

Truck rolls over on Bank Street after swerving to avoid dog

By Howard B. Owens

A Security Roofing pickup truck was traveling north on Bank Street at about 8 a.m. when it swerved to miss a dog in the road, hit the curb and then a guy wire of a utility pole, causing it to roll onto its side. 

The location was just north of Washington Avenue.

The driver of the pickup, a male in his 30s, was transported to UMMC to be checked out. 

The truck's load of scaffolding spilled onto Bank Street.

National Grid called to the scene to fix the guy wire.

City fire also on location for leaking fluids from the truck.

Photos and reporting by Alecia Kaus / Video News Service.

The Ridge NY hosts debut Community Fun Day tomorrow starting at noon

By Billie Owens

Press release:

The Ridge NY (formally Frost Ridge Campground) is hosting its first Community Fun Day on Saturday, Aug. 2, from noon to 10 p.m.

It's FREE!

There will be activities for all ages with the following events scheduled:

  • Noon until 3 p.m. -- NAZCAR -- Decorate a racing car made from cardboard and see who wins the big race
  • 3 to 5:30 p.m. -- Slippery Slope -- Big fun on the 300-foot-long slippery slide. All ages love this event. Bring your swimsuit and a towel.
  • 6 p.m. -- Dinner. Bring a dish to pass. Hamburgers and hot dogs available, too.
  • 7 p.m. -- Open Air Dancing. Dance until the stars come out!
  • 9:30 p.m. -- Nighttime Glow Stick Wagon Rides

Come out and have some fun with your neighbors and friends!

Sponsored post: Open House - August 3rd, 12-2pm!

By Lisa Ace

Super sized and solid this home will not disappoint!! Starting with the interior, this 5/6 bedroom 3 bath home has plenty of room-all bedrooms are large and with full closets and room to move! Hallways are wide and spacious.  The kitchen features plenty of cupboard space and outside access to full wrap around upper deck that overlooks great yard with stocked pond and absolutely beautiful views! Downstairs has full kitchen for entertaining and walkout to pretty stamped concrete patio with waterfall landscaping and outside shower! Easy to see make your appointment today! Call Lynn Bezon at Reliant Real Estate - Lic. Associate Real Estate Broker | Office Phone 585-344-HOME | Cell Phone 585-746-6253 

Tomorrow, tour some beautiful homes and gardens in Batavia

By Howard B. Owens

 

Tomorrow, take the opportunity to tour some of the finest gardens and homes in Batavia.

The Landmark Society of Genesee County is once again hosting the annual House and Garden Tour, this time in cooperation with Vibrant Batavia.

The tour runs from noon to 4:30 p.m. and tickets are $20 per person. Proceeds will go to the Batavia Cemetery Association to assist with efforts to restore the Richmond Mausoleum.

Above, Jim and Kathy Owen of 2 Redfield Parkway in a portion of their garden. The first three photos below are from their garden.

David Gann outside his home on East Avenue. David said the credit for the garden's beauty goes entirely to his wife, Marcia. "I'm just the guy who cuts the lawn," he said. Unfortunately, Marcia wasn't home when The Batavian dropped in unannounced for a picture.

The home and yard of Judith Hale, 14 Jackson Ave.

These pictures are of Lou and Millie Moretto's yard, 65 Edgewood Drive. Millie said the yard is entirely Lou's handy work. Note the fairy garden below.

Lucine Kauffman added this reminder in comments:

Tickets will be available the day of the tour (Saturday) at the Batavia Cemetery starting at 11:30 a.m.

Full press release about the event after the jump:

The Landmark Society of Genesee County will hold its 4th Annual House and Garden Tour on Saturday, August 2, from 12 to 4:30 p.m. Each year the Landmark Society donates proceeds from the tour to support a local preservation effort. This year the proceeds will go to the Batavia Cemetery Association to assist with its efforts to restore the Richmond Mausoleum. Specifically, the stained glass window in the mausoleum is in need of extensive repairs. The Historic Batavia Cemetery on Harvester Avenue will be one of the stops on the tour, and stationed at the mausoleum, Connie Boyd will portray Mary Richmond.

The tour will showcase notable homes and gardens in the City of Batavia. Vibrant Batavia has collaborated with the Landmark Society to organize and plan the event. The Sun Catchers Garden Club has pitched in to help staff the cemetery tour stop and decorate the Richmond Mausoleum exterior with flower pots that its members design. The Youth Bureau Community Garden and the Peace Garden will also be open and staffed with volunteers to provide information and answer questions.

House and Garden Tour Chairperson Marcia Gann’s home will be one of the stops on the tour “The Landmark Society is so pleased to have partnered with Vibrant Batavia this year. Leanna Di Risio has worked with our committee and given us the benefit of her enthusiasm, event planning experience, and contacts in the city. She’s gone above and beyond by opening her beautiful home for one of the tour stops, too. We have an interesting mixture of old and new homes; public and private gardens; and both new and established gardens. We even have a Fairy Garden on the tour this year!”

The private homes on the tour are:

• RaeAnn Engler and Richard Beatty* (home also open for tour)
• 123 Summit St.

• C. 1870 National/Vernacular Style
• When RaeAnn and Richard moved into 123 Summit in 2000, they gutted the interior down to the old studs. Over the next few years virtually everything was replaced except for the framing and oak wood floors. Remarkably, RaeAnn and Richard are only the second family to live here. In 2005 they were named Homeowners of the Year by the City of Batavia. In the gardens they salvaged peonies, tulips, some raspberries, and perennial springtime star flowers. Over the years a variety of perennials and more raspberries have been added. This year the raised vegetable beds were revamped.

• Georgene and Rocco Della Penna
• 19 Richmond Ave.

• C. 1930 Colonial Revival Style
• “I started buying bulbs and progressed to perennial flowers. Two of my favorites are Chinese Tree Peony and Lime Light Hydrangea. I have been gardening for 25 years; it is my favorite pastime. The garden looks the best in June, but we enjoy it throughout the growing season.”

• Dave and Marcia Gann* (home open for tour)
• 268 East Ave.

• C. 1935 Cape Cod
• Dave and Marcia have resided in their Cape Cod home with Arts and Crafts influences for 25 years. The gardens encircling the house were designed and landscaped by Tim Richley and Holly Dougherty. The gardens feature several varieties of hydrangea.

• Paula Miller* (home open for tour)
• 15 Pearl St.

• C. 1927 Folk Victorian Style
• Paula has used Small Space Gardening techniques to create an outdoor living and entertaining room. Her newly planted garden features annuals, perennials, and vegetables arranged around a large backyard patio.

• Debbie and Mike Barone
• 3919 W. Main Street Road

• C. 1948 Ranch Style
• “I love to add unique things to my gardens such as antique pieces. We supplement the perennial selection with annuals to add further color and appeal. The arbor covered with climbing clematis serves as the gateway from our sunroom to our peaceful backyard.”

• Leanna and Dan Di Risio* (home open for tour)
• 60 Edgewood Drive

• C. 2012 Craftsman Style
• “Our simple landscape blooms from spring to fall, and during the summer months we display flower planters to add bursts of color throughout the front and back yard. We recently installed a back patio to give us additional entertaining space to be enjoyed by family and friends!”

• Lou and Millie Moretto
• 65 Edgewood Drive

• C. 2010 Ranch Style
• Several specimen plants make Lou’s yard unique. In only four years, a vacant field has been transformed into a beautiful landscape with the help of Tony and Michele Moretto Slominski (LANDVISION). Lou’s young garden is designed to have something in bloom throughout the season. Be sure to see the “Fairy Garden.”

• Rose Mary Christian
• 29 Williams St.

• C. 1958 Ranch Style
• “I have lived here for over 12 years and my flower bed garden just keeps on growing! My favorite two flowers are from Poland and I will tell you about them when you visit on the tour.”

• Tim and Lisa Stoddard
• 20 Ellicott Ave.

• C. 1880 Queen Anne Style
• Victorian gardens featuring period plants complement this fairy tale home with a large circular front porch and ornate decorative trim. The Stoddards are Landmark Society of Genesee County Preservation Award recipients for their historically appropriate, meticulous restoration of this Batavia gem.

• Jim and Kathy Owen
• 2 Redfield Parkway

• C. 1930 Colonial Revival Style
• A long-established garden hidden from the bustle of Main Street in a park-like setting. This yard features a variety of hosta plants, an informal perennial garden, and a small pond.

• Judith Hale
• 14 Jackson Ave.

• C. 1951 Cape Cod Style
• Showcasing a beautiful collection of hosta plant varieties, Judith’s gardens flow from the front to the back of the property. Each flower bed is painstakingly cared for.

Refreshments will be served at each tour stop.

Door prize drawings will be held at the Historic Batavia Cemetery at 4:30. Completed tour surveys will serve as the door prize entries. You must be present to win. Prizes were generously donated by: Delre’s Greenhouse and Garden Center; Floral Fantasies; Harvester 56 Theatre; Pudgie’s Lawn & Garden; The Landmark Society of Genesee County; and Vibrant Batavia.

Tickets are $20 per person and are available for presale at Harrington’s Produce (Batavia), GOART!, and Valle Jewelers. Tickets will also be available the day of the tour at the Batavia Cemetery starting at 11:30 a.m.

Police announce results of Thursday's neighborhood enforcement detail

By Howard B. Owens

Press release:

On July 31st the City of Batavia Police Department joined by the Genesee County Drug Task Force (The Genesee Drug Task Force is comprised of personnel from Batavia PD, Le Roy PD and the Genesee County Sheriff’s Office.), Genesee County Sheriff’s Office and Genesee County Probation participated in the second neighborhood enforcement detail this summer. The purpose of these details was to systematically approach known problem areas within the City and target criminal activity.

In total 12 law enforcement personnel from four different agencies were partnered in focused enforcement details in seven separate locations. NET patrols included State Street, Bank Street, Tracy Avenue, Dellinger Avenue, Holland Avenue, and the Ellicott Street Corridor. The following are results of this year’s second detail:

45 data runs
24 vehicle/traffic stops
14 Traffic tickets issued
4 Vehicles Searched
3 Penal Law Arrests

  • Munroe, Isaiah J.A., age 24, Unlawful Possession of Marijuana, Court Date 08/12/14
  • Witkop, Michael A, age 22, Unlawful Possession of Marijuana, Court Date 08/12/14
  • Lattimer, Henry, L., age 33, Unlawful Possession of Marijuana, Court Date 08/19/14

12 probation checks
3 probation violations

Batavia Police Chief Shawn Heubusch said “The City Police will continue to make a concentrated effort in those areas that need the most enforcement. We are lucky to have the assistance of the other agencies in providing the support to these very productive details. Many major crimes have been solved by starting small; officers know that the simple traffic stop or street encounter has the possibility to turn into a major arrest. These details have a proven track record of producing tangible results and therefore we look forward to implementing them as the year progresses.”

Genesee County Chief Deputy of Investigations Jerome Brewster added “The NET details provide local law enforcement with the resources necessary to address 'quality of life' issues for our citizens. Through the shared efforts of the Batavia Police, Sheriff's Office, Probation and Parole, we can have an immediate impact on drug dealing, drug-related activity, probation and parole violations, as well as related unlawful behaviors in areas previously noted for this type of behavior. Input from our citizens is critical so that our resources can be directed to areas where the enjoyment of property and neighborhoods have been compromised by the actions of others.”

Neighborhood Enforcement Team (NET) details were outlined in the City’s Strategic Plan as part of the City’s Neighborhood Revitalization efforts. They include dedicated patrols for targeted enforcement with the goal of intercepting and interrupting the flow of illegal drugs, weapons and other contraband as well as locating and arresting wanted persons. All agencies involved expect to continue joint law enforcement efforts in the future. These details are not advertised prior to taking place and locations are selected based on criminal data, the presence of nuisance and illegal behavior and ongoing investigations.  

If you see criminal activity or know about a crime that has occurred please contact the Batavia Police Department at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Le Roy fire groups release statement regarding alleged thefts by treasurer

By Howard B. Owens

Statement:

A joint statement issued by the Presidents of the Le Roy Fire Department, Inc., and the Le Roy Fireman's Benevolent Association

 "We are both shocked and saddened by the news of the alleged larceny by the Treasurer of the Department and the Association. Both the Department and the Association have been cooperating with the authorities including the Office of the New York State Comptroller and the Le Roy Police Department during this investigation. Our respective organizations would like to apologize to the residents of our fire community, and the Town and Village of Le Roy for any mistrust in our organizations these allegations may have caused. The Le Roy Firemen’s Benevolent Association and the Le Roy Fire Department, Inc., have already taken steps in our financial policies to keep this type of activity from happening in the future. Both our organizations are committed to providing the best emergency service to our community, and will strive to work hard to restore any loss of faith in our organizations.”

The Presidents want to remind the public that the Fire Department and the Association do not receive any real property tax money. The Association receives their money from the State Insurance Department’s 2-percent fund, while the Department’s budget is derived from fund-raising and donations.  

It's just about the 11th hour for Frost Ridge; attorney hoping Noonan will grant permission for show Aug. 9

By Howard B. Owens

Frost Ridge Campground is on the brink of insolvency, the attorney for Greg and David Luetticke-Archbell told Judge Robert C. Noonan during a court hearing today.

He's seeking at least temporary relief from the ban on live shows at the campground in Le Roy.

Today's hearing was held so attorney Mindy Zoghlin, representing the people suing Frost Ridge over live music shows at the campground, could make a motion to re-argue one of the issues under consideration by Noonan.

Attorney David Roach, representing Frost Ridge, would have liked today's appearance to have been a hearing on his motion to dismiss the lawsuits against his clients.

Roach was hoping there would be testimony today on when the Zoning Board of Appeals filed minutes from its September 2013 meeting where it determined Frost Ridge was in compliance with Town of Le Roy zoning law.

Roach tried to make the case during the hearing that Noonan needs to revisit sooner rather than later his temporary order barring live music and alcohol service at Frost Ridge.

Noonan wanted the attorneys to focus on coming up with a time for a hearing on the ZBA filing.

After attorneys met privately and then met with Noonan in his chambers, it was determined that the hearing will be at 9 a.m., Aug. 21.

In the meantime, Noonan agreed to let Roach draft an order that would temporarily lift the temporary restraining order and allow Frost Ridge to hold a live music concert Aug. 9.

That's the date Blackberry Smoke, one of the more popular acts to perform at Frost Ridge each year, is scheduled to return.

In open court, Zoghlin tried to suggest to Noonan that allowing any shows prior to resolution of the ZBA filing status isn't necessary because Noonan has already ordered that if Frost Ridge prevails in the lawsuit, they are entitled to nearly a quarter of a million dollars in restitution.

Of course, even a quarter of a million dollars somewhere down the road won't necessarily help a shuttered business reopen, which is why Roach is pushing for some mechanism to allow the bands to play on.

"The reality they are not facing is where the preliminary injunction effectuates the relief the town is seeking and (in previous cases) courts are loathe to allow preliminary injunctions to provide ultimate relief," Roach said during the hearing.

The big hold up in the case is getting either the ZBA's clerk or the town's code enforcement officer, or both, to testify as to a general time frame of when minutes from the ZBA's meeting in September 2013 were filed.

The town clerk has provided an affidavit attesting to the fact that the minutes were filed, she just couldn't remember when.

If the filing date is proven to be any time before April 8 (even if the exact date is not established), then Roach's motion to dismiss the lawsuits filed by the Town of Le Roy and the Cleere and Collins families could potentially be granted by Noonan.

Under New York law, people who wish to challenge a board's decision have 30 days to file such a challenge. The clock starts ticking when a written, public document memorializing the decision is filed with the jurisdiction's clerk.

Noonan ordered more than two weeks ago that a hearing on the ZBA minutes should be held immediately.

The hearing still hasn't taken place, in part because Noonan's court has been busy, which Noonan admitted, but Noonan also laid much of the blame on the shoulders of the attorneys for not agreeing on a time.

Roach expressed a great deal of confidence that either the town clerk, the ZBA clerk or the code enforcement officer for the Town of Le Roy, should be able to testify that the minutes were filed well before April 8, and probably in 2013.

The threat of losing that motion is apparently what prompted Zoghlin's motion today to invalidate the ZBA's determination favoring Frost Ridge all together.

Zoghlin's motion is for a "jurisdictional defect." In essence, she's arguing that because there is no formal document memorializing the ZBA's decision, and no formal process that Frost Ridge followed requesting a ZBA ruling, the ZBA had no authority to make its determination.

Roach said there's no written law and no case law that support's Zoghlin's position, also for a motion to re-argue a point from a previous hearing to be successful, the point must have been argued in the first place. Roach said that since Zoghlin (and she disagrees with Roach on this) didn't raise the "jurisdictional defect" argument the first time around, she doesn't get to re-argue it now.

"If the court did not have that jurisdictional defect argument advanced before it in response to my motion to dismiss, there's nothing for the court to have overlooked or misapprehended," Roach said. "The court of appeals has ruled that you cannot bring a new argument to a motion to re-argue."

If Noonan grants the order being drafted by Roach to allow live music at Frost Ridge between now and the hearing on the motion to dismiss the lawsuits, Roach said there will be reasonable restrictions attached. For example, there would be a limit on the decibel levels of the show.

"Frost Ridge, and I want to make this perfectly clear, Frost Ridge did not and does not presently have any intent of causing an unreasonable noise disturbance to its neighbors," Roach said.

UPDATED: Rollover with entrapment reported at Sweetland and Transit, Stafford

By Billie Owens

A one-vehicle rollover accident with entrapment is reported at Sweetland and Transit roads. Stafford fire and Mercy medics are responding.

UPDATE 9:19 p.m.: Mercy Flight is called to the scene. It will be landing in the roadway.

UPDATE 9:23 p.m.: Traffic Police are requested to shut down eastbound traffic and Clipnock at Sweetland roads.

UPDATE 9:28 p.m.: Mercy Flight #5 out of Batavia has landed on the north side of Sweetland Road.

UPDATE 9:34 p.m.: Two more helicopters were requested. The second one is responding. The third is cancelled because it is in Syracuse with a 45-minute ETA. A ground ambulance will be employed instead.

UPDATE 9:45 p.m.: Mercy medic #2 is inbound to Strong with two patients onboard. Mercy Flight #5 is airborne with a patient; we do not as yet know the destination. Mercy Flight #9 has landed in the roadway west of the accident scene.

UPDATE 10 p.m.: Two patients are being taken to Strong via two Mercy Flight helicopters. Another four are being tranported there by two ambulances.

UPDATE 10:06 p.m.: A firefighter at the scene told Howard "If they hadn't been seated and belted, it would've been a different story."

UPDATE 10:52 p.m.: The Stafford assignment is back in service.

UPDATE 11:45 p.m. (by Howard): The initial investigation, according to Sgt. Ron Meides, is that a Chevy Suburban was northbound on Transit Road and a Chrysler minivan pulled into the intersection. "The driver of the Suburban did try to stop, but was unable to," Meides said. There is a hill on Transit south of the intersection, but a crossing car at night should be able to see the headlights of an approaching vehicle, Meides said. It's unknown if the driver of the minivan simply didn't see the SUV, was distracted, or thought the SUV driver had a stop sign, too (there is no stop sign for Transit Road traffic at that intersection). It's believed the minivan stopped and then proceeded into the intersection. The driver will likely be cited for failure to yield right of way, Meides said. Three adult women and three children were in the minivan. All were transported to Strong Memorial Hospital, one via Mercy Flight with a possible head injury. The passenger of the SUV -- the only person involved in the accident not wearing a seat belt -- suffered a possible head injury and was transported to Strong by another Mercy Flight unit. The driver of the SUV was not injured. None of the injuries are considered life threatening, Meides said.

FINAL UPDATE (by Billie): The names of those involved in the accident have been released. The driver of the Chevy Suburban was 27-year-old Jared Fleming of Genesee Street, Corfu. He is charged with felony DWI and felony driving with a BAC of .08 or more. He was arraigned in Stafford Town Court and released. Additional charges are pending. His front seat passenger, Ashley Cornett, same age and location as Fleming, was not wearing a seat belt and sustained a head injury. Mercy Flight took her to Strong. A rear seat passenger, Katlyn Hahn, 26, of Alden, was not injured, nor was the driver. All occupants of the other car involved, a Chrysler minivan, were transported to Strong for injuries or evaluation. They were driver, 26-year-old Latoya Stanley, of Ellicott Street, Batavia, front seat passenger Markeda Starks, 23, of Rochester, who went via Mercy Flight; rear seat passengers Kristina Drake, 24, of Rochester, Nakai Williams, 6, Jah-Mel Roman, 3, and Antonio Roman, 5, all of Batavia. All were reported in stable condition. Charges are pending against the Chrysler also.

Car wreck with injuries at Route 98 and Batavia Elba TL Road

By Billie Owens

A two-car accident with injuries is reported at Route 98 and Batavia Elba Town Line Road. Elba Fire Department and Mercy medics are responding.

UPDATE: One person was transported to Strong Memorial Hospital. The accident involved two vehicles, one of which was a pickup truck.

Sean Vickers convicted in sexual abuse trial

By Howard B. Owens

It took a Genesee County jury all of 95 minutes to conclude that Sean Vickers did in fact molest five boys in Batavia over the several years prior to 2013.

The guilty verdict on five counts concludes a three-day trial in County Court.

Vickers, 45, will be sentenced at 10:30 a.m., Aug. 28 29.

The defendant stood motionless in a pressed black suit as the jury foreman was asked to recite the verdict on each of the five counts against Vickers.

Sodomy in the first degree: Guilty.

Sodomy in the first degree: Guilty.

Criminal sexual act in the first degree: Guilty.

Criminal sexual act in the first degree: Guilty.

Sexual abuse in the first degree: Guilty.

Previous coverage:

Raceway Mini-Mart on East Main, Batavia, has closed

By Howard B. Owens

The Raceway Mini-Mart at 629 E. Main St., Batavia, has closed.

A customer contacted us last week about the impending closure and said the store shelves were nearly bare as the owners wound down their operation of the location. She said the owners told her annual rent increases were making it harder to keep the business going. 

She said she was sad to see them close.

"They are the nicest store owners I have encountered," she said. "Every time I’ve gone in there I have just felt that they were so appreciative of my business, and their friendly nature is just so welcoming."

The property is owned by Kevin Brady, president of Townsend Energy in Le Roy.

Brady wasn't available for comment, but a Townsend employee said the building has been leased to another operator and will reopen, but no name or opening date is available at this time.

Photo and some reporting by Alecia Kaus / Video News Service.

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