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It's National Crime Victims’ Rights Week

By James Burns

National Crime Victims’ Rights Week kicked off this morning at Genesee Community College with a ceremonial flag raising and a speech by Lt .Gov. Kathy Hochul.

All local law enforcement, the FBI and Genesee County Mental Health Association, were in attendance today to spread awareness of the rights of crime victims. Specifically their focus was on educating the community about the protection of young adults and preventing them from becoming victims. The keynote speaker was Special Agent Steve Miller of the FBI. His education speech was on social media and how it is used for cyber-bullying, sexual predators and other dangers.

Hochul began her speech this morning by asking for a moment of silence for the victims of the Oklahoma bombing 20 years ago. She went on to mention a few new initiatives by the state relative to crime victims. First she mentioned how seriously Governor Cuomo is taking sexual assault on campus at colleges. She said thinking needs to be changed to recognize sexual assault on campus as a crime and the Governor’s office has made this a top priority.

The next topic was an announcement that crime victims can now ask the state for financial assistance online. This online access is meant to make applying for aid less stressful and simpler than before. The financial assistance is meant to help with medical bills, lost wages, moving expenses and other financial needs stemming from being victimized.

In 2014 8,300 crime victims were paid more than $20 million in compensation. The funding for this financial relief and program comes form the fines levied against offenders. For more information about this financial program please visit www.ovs.ny.gov or call 1-800-247-8035

As the week continues, two more meetings are open to all to attend:

Wednesday, April 22, 6 to 8:30 p.m.

Stewards of Children Child Sexual Abuse

Prevention Training

YWCA, 301 North St., Batavia

Call Theresa at 585-344-0516, ext. 111, for information.

Friday, April 24, 5:30 p.m.

Ceremonial Walk and Reception

Old County Courthouse

Corner of routes 5 and 63.

Severe thunderstorm warning issued for Western Genesee County

By Billie Owens

The National Weather Service is Buffalo has issued a severe thunderstorm warning for Western Genesee County until 5 p.m.

The thunderstorm is said to be capable of producing damaging winds in excess of 60 mph. The storm was located near Alden and is moving northeast at 50 mph. Oakfield is specifically mentioned in the warning.

Noonan sends decision about concerts at Frost Ridge back to zoning board

By Howard B. Owens

Whether Frost Ridge Campground can continue hosting live music concerts is a matter for the Town of Le Roy Zoning Board of Appeals to decide, Judge Robert C. Noonan ruled today.

In an order issued this afternoon, Noonan said that the ZBA has sole authority to make the decision, and insofar as a prior finding by the ZBA that concerts were a prior, non-conforming use was legally flawed, it's still up to the ZBA, not the courts, to make the determination.

The failure of the ZBA to properly issue public notice of a hearing on concerts at Frost Ridge on Sept. 25, 2013, does not affect their underlying authority to make the determination, Noonan said.

In short, Noonan recommends that Frost Ridge make a proper application, but with or without the application, the ZBA must hold a properly noticed public hearing and reach a properly recorded decision.

It's only after that process has been correctly executed that a court can weigh evidence and determine whether a plaintiff has any basis to overturn the decision, according to Noonan's ruling.

The autumn of 2013 finding by the ZBA has been a key point of contention in the pair of lawsuits filed by the Town of Le Roy and the Cleere/Collins family against Frost Ridge.

Board members reportedly reached a unanimous decision favoring live music at Frost Ridge, finding the use was grandfathered in because live music and amplified music at the recreational area pre-dated the creation of a residential-agricultural zone in that part of Le Roy.

The Cleere/Collins attorney sought to get the ZBA decision voided and foreclosed, bringing the campground's concert series "Jam at the Ridge" to an end.

Noonan wrote that case law establishes that a court must stay its hand until the proper agency has applied its expertise to the salient questions of the regulatory scheme.

That hasn't happened yet in the case of Frost Ridge.

Noonan's decision leaves the future of live music up to a ZBA board that has shown prior support for live, amplified music at Frost Ridge.

Pending a final ZBA determination, Noonan's modified order -- limiting but allowing concerts at Frost Ridge -- remains in effect, unless the Cleere and Collins families deposit $225,000 into an escrow account to protect the Frost Ridge owners against damages should they eventually succeed in the legal proceedings.

Law and Order: Motorcyclist charged with three felonies after traffic stop in Village of Le Roy

By Billie Owens

Daniel Steven Platt, 34, of Lake Street, Le Roy, is charged with three E felonies: aggravated DWI -- having a BAC of .18 or more; DWI; and aggravated unlicensed operation. He was arrested April 17 following a traffic stop in the Village of Le Roy. He was allegedly operating a motorcycle while intoxicated and with a revoked license. He was also charged with these traffic violations: speed in zone, no turn signal, no helmet, no face shield, unregistered motorcycle, uninspected motorcycle, operating without insurance, improper plates and unlicensed operator. Platt was issued an appearance ticket and is to return to Le Roy Town Court on May 18. The case was investigated by Sheriff's deputy Michael Lute, assisted by deputy Joseph Graff.

Fletcher M. Royce, 27, of Dunham Road, Varysburg, was arrested April 18 on Clinton Street Road, Bergen, and charged with operating a motor vehicle while impaired by drugs as a first offense, criminal possession of a controlled substance (heroin), 7th, possession of a hyperdermic instrument, operation of a motor vehicle while using a mobile phone, and operation of a motor vehicle with a broken windshield. He was released from custody with an appearance ticket to return later to Bergen Town Court. The incident was handled by Sheriff's dpeuty Joseph Corona.

Cole James Farner, 31, of Clinton Street Road, Batavia, is charged is DWI and driving with a BAC of .08 or higher. He was arrested after an investigation of a motor-vehicle crash that occurred March 29 at about 7:30 in the morning when Farner's vehicle struck a control panel at the main gate for the Buffalo Federal Detention Center while he was allegedly intoxicated. He was issued an appearance tickets on both charges. The case was investigated by Sheriff's deputy Christopher Parker.

Michele L. Bialy, 48, of East Main Street, Batavia, is charged with driving while intoxicated, aggrevated unlicensed operation, 1st, operator in violation of conditional license, and drinking alcohol in a motor vehicle on a highway. Bialy was arrested on Summit Street following an investigation after patrols were dispatched at 12:33 p.m. on April 17 to check the welfare of a female found slumped over the steering wheel of a vehicle in a parking lot. The case was investigated by Batavia police officer Matthew Wojtaszczyk, assisted by officer Eric Foels.

Ronald D. Williams, 38, of Ellicott Street, Batavia, was arrested for petit larceny following an investigation on scrap metal stolen from a business on Swan Street. He was issued an appearance ticket and is to appear in City Court Wednesday afternoon. The case was investigated by Batavia police officer Peter Flanagan, assisted by officer Kevin DeFelice.

Natalie Kathryn Moe, 20, of Ridge Road West, Brockport, is charged with unlawful possession of alcohol by a person under 21, and speeding (68 in a 55-mph zone). She was arrested on Route 33 in Bergen on April 19 and released with appearance ticket for Bergen Town Court at a later date. The case was handled by Sheriff's deputy Joseph Corona.

John Kauffman Stone, 48, of West Main Street Road, Batavia, was arrested at 11:10 p.m. on April 16 after allegedly pushing a door that struck another person. He is charged with harassment, 2nd, and obstructung governmental administration. The case was handled by Sheriff's deputy Christopher Erion, assisted by deputy Richard Schildwaster.

Kevin M. Horn Jr., 26, of Batavia, was arrested April 16 by the Village of Le Roy Police Department for allegedly driving while intoxicated. He was allegedly crossing the center line. Horn was issued tickets for driving to the left of pavement markings, no passing zone, DWI, and aggravated DWI for allegedly having a BAC in excess of .18%. Horn was released on appearance tickets, and is scheduled to appear in Le Roy Town Court on May 18.

Eric R. Swede, 26, of Le Roy, was arrested April 17 by the Village of LeRoy Police Department for criminal trespass in the second degree, disorderly conduct, and harassment in the second degree after allegedly entering another apartment unlawfully, causing an annoyance and making unreasonable noise in the apartment building. He was arraigned and jailed in lieu of $1,000 cash or $2,000 insurance bond. Swede is scheduled to reappear in Le Roy Town Court on May 21.

Michael "Mickey" Robbins, 55, currently residing in the Genesee County Jail, was arrested by the Le Roy Police Department on April 16 and charged with one count of petit larceny. It is alleged that on March 3 while on Lake Street in Le Roy, Robbins stole $420 from an acquaintance. Robbins was arraigned and returned back to the jail in lieu of $1,000 bail.

Kirk Thomas, 30, currently residing in the Genesee County Jail, was arrested by the Le Roy Police Department on April 16 and charged with one count of petit larceny. It is alleged that on Sept. 9, 2014, while inside a business on West Main Street in Le Roy, Thomas shoplifted item(s) from the business. Thomas was arraigned and returned back to the jail in lieu of $1,000 bail.

Darren Wilson Cooper, 23, of Batavia Stafford Townline Road, is charged with promoting prison contraband. He was arrested April 1 at 10 p.m. after he allegedly introduced unspecified contraband into the Genesee County Jail while being processed for another arrest. The case was handled by Sheriff's deputy Christopher Erion.

Nicholas Paul Canzoneri, 19, of Edgewood Drive, Batavia, is charged with unlawful possession of marijuana. He was arrested for allegedly possessing marijuana after a traffic stop on West Main Street in the city on April 19. He was issued an appearance ticket and is to answer the charge in City Court on May 13. The case was handled by Sheriff's deputy Joseph Graff.

A 17-year-old male who lives on Trumbull Parkway, Batavia, was arrested April 19 for unlawful possession of marijuana. He was arrested after a traffic stop on West Main Street in the city and issued an appearance ticket for May 13 in City Court. The case was handled by Sheriff's deputy Joseph Graff.

Kerrilyn A. McDermott, 34, of Montclair Avenue, Batavia, turned herself in on an arrest warrant for violating an order of protection on April 9. She was arraigned April 17 in City Court and released under supervision of Genesee Justice. The matter was handled by Batavia police officer Peter Flanagan.

Kathy Hochul tours p.w. minor in wake of financial assistance to move jobs back from China

By Howard B. Owens

Lt. Gov. Kathy Hochul made a pair of stops in Genesee County today, including a tour of p.w. minor led by owners Andrew Young and Peter Zeliff. 

The shoe manufacturing company recently received a boost from the governor's office to help move 100 jobs from China back to Batavia.

Hochul also spoke this morning at Genesee County Criminal Justice Day at Genesee Community College.

Photos submitted by p.w. minor.

Empty house on fire on Snyder Road, Elba

By Billie Owens

A confirmed residential structure fire is reported at 6616 Snyder Road, Elba, located between Lockport and Weatherwax roads. It is a vacant house and the fire was called in from a passerby who said he saw flames inside. All available manpower from Elba fire is called to the scene, along with mutual aid from Oakfield, Byron and Bergen. Town of Batavia is asked to fill in at Elba's fire hall.

https://www.google.com/maps/place/6616+Snyder+Rd,+Oakfield,+NY+14125/@43.0922189,-78.2174804,14z/data=!4m2!3m1!1s0x89d3f3eeec8511f1:0x8dd3115440501a07

UPDATE 1:17 p.m.: A code enforcement officer from Elba is called to the scene.

UPDATE 2:04 p.m.: The Elba assignment is back in service. Barre also responded.

Photos by Jim Burns.

Photos: NYS Troopers in 1921 and a Wiard Plow sign

By Howard B. Owens

Photos from Albert Kurek. He isn't sure where the photos were taken. There's a sign that says "Wiard Plows" and a "Le Roy Plows" sign. The men are NYS Troopers and the photos are from 1921, Kurek said.

'Emerson Building' consignment store on fire in Pembroke, Alleghany and Phelps roads

By Billie Owens

A structure fire is reported on Alleghany Road at the "Emerson Building," Pembroke, consignment store. It is believed to be electrical in nature. Power is off. National Grid advised. Traffic will be stopped at Route 77 (Alleghany Road) and Phelps Roads, Indian Falls. Fire departments from Pembroke, East Pembroke, Indian Falls, Alabama, Oakfield, Corfu, Darien and Town of Batavia are called to respond.

UPDATE 1:20 a.m.: City of Batavia's first platoon is called to its headquarters. The structure on fire is described as located between a house and a barn and they are "using the consignment store as the address."

UPDATE 1:27 a.m.: The property owner has a generator near the house and is told to come in and shut it down, too. "We've got nothing (firefighting capability) on the backside of this and I need something on the front." The response is they are awaiting "more interiors" (crew) to the scene.

UPDATE 1:29 a.m.: A Crittenden tanker is asked to start to the scene in non-emergency mode.

UPDATE 1:38 a.m.: Command asks that the crew from Newstead be told to bring in a thermal imaging camera. Establishing a draft to charge one or more of the water lines appears to be difficult.

UPDATE 1:39 a.m.: Elba is asked to stand by in East Pembroke's fire hall. A 65-gallon drum near the fire scene has caused firefighters some pause, but the owner reports it is empty. However, there IS a full or partially full propane tank inside a building, he reports. Both lines that are charged "are pushing water," says a firefighter. The actual address is given as 7887 Alleghany Road.

UPDATE 1:45 a.m.: "We are having an issue with the hydrant here, and we're changing locations," says a firefighter. Dispatch says the fire is reported to be knocked down (under control).

UPDATE 1:53 a.m.: Google Maps show the location as north of Housekneckt Road, well south of Schafer Potato Farms. "It looks like the main part of the fire is out," a firefighter tells command.

UPDATE 1:56 a.m.: A secondary draft has been established as they continue to squelch the blaze.

UPDATE 2:12 a.m.: They are doing overhaul at the site. There will be no further posts on this incident unless warranted.

Possible chimney fire reported on Horseshoe Lake Road, Stafford

By Billie Owens

A "possible chimney fire" is reported at 5405 Horseshoe Lake Road, Stafford. The caller reports she closed the damper but flames can still be seen coming the chimney outside. The location is between West Lake Road and East Lake Road. Stafford fire is responding along with mutual aid from the Town of Batavia.

UPDATE 7:04 p.m.: Fire command calls for a thermal camera to the scene.

UPDATE 7:33 p.m.: Problem resolved. Stafford assignment is back in service.

Call for artists and business owners to make Batavia more vibrant

By James Burns

Sometimes canvas and an easel just isn’t enough for an artist with a big idea. Sometimes, you need to search out a different medium, something bigger, like a building. Brian Kemp is spearheading an effort to connect commercial business owners with artists of all genres to create the “Batavia City Canvas Art Trail.” Brian envisions this art trail as 20 to 30 works of art painted directly on a building or weatherproof art hung on a building. The art trail will incorporate existing works, such as those in Jackson Square, as well as planned new works.

Brian is asking for volunteer business owners to donate a specific portion of an exterior wall for the art trail. Artists are asked to donate their time and talents for creating these works on the buildings.  Artists interested in participating are asked to submit representative samples of their original works so the building owners can be matched with suitable artists.

Below, Brian readies the side of his building for future paintings by local artists.

Much like the Le Roy Barn Quilts, Brian plans on printing free maps for a self-guided tour. The maps will be available available for the patrons of the establishments that are participating in the Batavia City Canvas Art Trail as either a cash sponsor or donation of wall space. 

Kemp says, “This is a creative project between building owners and local artists. Just a grassroots effort to place art into our community with the goal of making Batavia a more vibrant place to live and work.”

For more information or to participate in the Batavia City Canvas Art Trail please contact Brian Kemp at 585-345-1993 or bataviacitycanvasarttrail@gmail.com

To learn more about the LeRoy Barn Quilts go to: http://www.leroybarnquilt.org

Owner of former 420 Emporium given 30 months in prison, forfeits $771K

By Howard B. Owens

The man federal authorities identified as the owner of the former 420 Emporium that was a source of synthetic drugs in Batavia will serve 30 months in prison and forfeit $771,109 dollars in seized money.

Charles Fitzgerald was sentenced in U.S. District Court on Friday.

He had previously entered a guilty plea to possession of a controlled substance with intent to distribute.

The 420 Emporium, which was located at 400 Ellicott St., was the locus of synthetic drug dealing in Batavia for a period in the summer of 2012. Bath salts and synthetic marijuana appeared to be at the root of bizarre behavior by some users and the cause of seizures and other medical conditions that landed people in the emergency room at UMMC.

In July, 2012, local and federal authorities raided the 420 Emporium as part of a nationwide operation to crack down on synthetic drug trafficking.

The home of Fitzgerald in Greece, which he shared with co-defendant Amber Snover, was also raided, where authorities seized boxes of drugs as well as a bag full of cash.

Snover has also entered a guilty plea and will be sentenced June 23 in U.S. District Court.

Jordan Fluker wins 2015 Mr. Batavia contest at BHS

By Howard B. Owens

Jordan Fluker was named 2015 Mr. Batavia in the third annual competition at Batavia High School on Friday night.

Proceeds from the event -- $3,000 this year, a new record -- goes to the charity of Fluker's choice, which was Genesee Cancer Assistance.

The 11 contestants were Bryce Rogers, Andrew Maniace, Samir Jain, Dylan Beckman, Brandon Smart, Josh Franks, Adam Taylor, Eric DiLaura, Nick Bauer, Jordan Fluker and Ben Demare.

Tuxedos for the event were provided by Charles Men's Shop and Reed Eye Associations donated sunglasses to the 11 young men.

The competition included a talent show, swimsuits, and question-and-answer and the tuxedo walk. 

To purchase prints, click here.

Two-car accident with injuries on Appletree Avenue, Bergen

By Billie Owens

A two-car accident with injuries is reported at 7000 Appletree Avenue, Bergen. Bergen fire and fire police requested to the scene along with an ambulance. Law enforcement on scene.

UPDATE 5:28 p.m.: Bergen Ambulance is transporting one patient to Strong Memorial Hospital.

There may have been no crime at all in what was reported as robbery at Dollar General

By Howard B. Owens

Police officers are sorting things out and trying to determine whether a crime was actually committed earlier today in what was initially reported as a robbery at the Dollar General store on East Main Street, Batavia.

A robbery was reported at 11:20 and police received a description of a suspect and a suspect vehicle. 

Within minutes, the vehicle was stopped and three people inside were detained and questioned and subsequently released.

"The investigation is ongoing," said Sgt. Dan Coffey. "There's no question that these individuals were the ones involved in the incident, if that's what you're asking. They were definitely at the store. They were definitely involved in the incident. We're working to determine whether a crime occured."

Coffey said there were things said in the store and police are trying to determine if anything happened that constitutes a crime.

No merchandise nor money were taken from the store.

Law enforcement asking for Bergen fire's help in locating missing tot

By Billie Owens

A 2-year-old is missing from 7278 Maple Ave. in Bergen. Law enforcement has called for Bergen volunteer firefighters to help locate the tot. They are asked to started their search at Maple Avenue on Route 33.

UPDATE 1:12 p.m.: Child has been found. The fire department is asked to stand down.

Tompkins expanding fast in new downtown office space at Main and Center

By Howard B. Owens

The call center -- or as the folks at Tompkins Insurance call it, the "care center" -- that the Batavia-based financial company opened on the second floor of Main and Center streets now has 27 staff members.

That means in less than six months, Tompkins has hit its three-year projected employment goal for the remodeled office space.

Tompkins purchased the building for $550,000 and has invested nearly $1 million in interior and exterior improvements, from gutting and refitting the entire second floor, putting in a new heating and air conditioning system, painting the outside and hanging new signs.

Investing in Downtown Batavia made good sense said David Boyce, president and CEO of the insurance unit.

"Batavia has been and continues to be a great draw for getting great employees," Boyce said. "Batavia is nicely centered within various counties. When we have an opening we get a lot of attention from people who want to work at a good company."

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
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