Skip to main content

Photos: Police conducting unspecified investigation

By Howard B. Owens

santyinvestapril162016.jpg

Batavia PD is investigating something, but we can't get any information. We spotted city firefighters atop the roof of the former Santy's Tires building and found Deputy Chris Erion with K-9 Destro doing a search, but Officer Kevin DeFelice said he couldn't release any information. He said there would be a press release later.

There were also patrol vehicles at Jackson Street and Highland Avenue.

State Troopers were handling a separate, unrelated case, at the same time on Liberty Street.

santyinvestapril162016-2.jpg

Service dogs at PTSD clinic get a place of their own to run and play

By Howard B. Owens

ptsddogrunap162016-3.jpg

Service dogs play a vital role in helping veterans deal with medical issues, including Post-traumatic Stress Disorder (PTSD). But when the dogs stay with veterans at the PTSD clinic at the VA Center in Batavia, there hasn't been a place for them to relax, play and run, which service dogs need to do when they're not working.

Until recently, veterans who entered in-patient care at the clinic weren't allowed to bring their dogs, but now that they can; there needs to be facilities to accommodate the canines.

The Combat Veterans Motorcycle Association heard about the problem and raised more than $1,400 (mostly from their own members, but the Rotary Club and Home Depot also contributed) to build a dog run behind the clinic.

Today, that fenced-in dog run was built, giving the service dogs a place of their own when they're not working.

The work was made possible through the cooperation of the CVMA, led by Frank Grillo, of Buffalo, and Brian Stiller, Medical Center director for the WNY Medical Healthcare System.

While there have been a lot of complaints nationally about the VA, Grillo noted the VA in WNY seems pretty responsive to veterans and he praised Stiller for his cooperation.

"You hear a lot of people talking a lot of bad stuff about the VA, but then you get a guy who is a veteran himself leading a portion of the VA, and it's kind of inspirational to see somebody who cares actually stepping up and helping us do what we need to do to help our fellow veterans," Grillo said.

Stiller said he could help because the current secretary of the VA has said principles should come before rules.

"We can pull this off by having somebody who has a can-do attitude and this group of veterans," Stiller said. "This is something that has happened real quick and it shows how the community can come together and do a simple, real good thing right on time. It speaks volumes for the commitment and caring that is going on."

ptsddogrunap162016-2.jpg

ptsddogrunap162016.jpg

Ross Chua wins the 2016 Mr. Batavia BHS competition

By Steve Ognibene

_mg_0476bt.jpg

Batavia High School held its fourth annual Mr. Batavia Competition Friday evening. Twelve seniors participated in four categories – talent, swimsuit, lip sync and tux walk, with their efforts being scored by a four-member panel of judges.

Contestants were Alex Canty, Ross Chua (pictured above), Adonis Davis, Noah Dobbertin, Dwayne Fonda, Tyler Hale, Michael Hughes, Jake Kasmarek, Josh Kurtz, Zach Lee, Alex Mott and Trevor Sherwood.

Tuxedos provided by Charles Men's Shop, sunglasses by Reed Eye Associates, crew T-shirts by Extreme Streetwear, with additional support from Big Pauly’s Pizza.

The judges are pictured below, from left, are BSCD Board Member Shawna Murphy, Reed Eye Associates Dr. Kim Rosati, Batavia City Police Officer Pete Flanagan and Thompkins Insurance Agency VP Joe Teresi.

Nearly 700 people attended the event and proceeds set a new record high of $4,000. Second place was a tie between Mike Hughes, who donated to Habitat for Humanity, and Dwayne Fonda, who gave to the American Red Cross. They each will give 25 percent to their sponsors. Half (50 percent) goes to Autism Research on behalf of Ross Chua who won the event. All three winners received a $25 Amazon gift card.

For more photos: Steve Ognibene Photography

_mg_0025.bt_.jpg

_mg_0059.bt_.jpg

_mg_0132.bt_.jpg

_mg_0125.bt_.jpg

_mg_0220.bt_.jpg

_mg_0394.bt_.jpg

_mg_0246.bt_.jpg

_mg_0066.bt_.jpg

Winning bidder agrees to pay $33K for 109 Walnut

By Howard B. Owens

walnutaucapril162016.jpg

Jeff Freeman was the high bidder this morning at an auction by the city of a house at 109 Walnut St.

Freeman agreed to pay $33,000, beating out three or four other bidders.

The purchase must be approved by the City Council before it is final.

Freeman said he plans to complete renovations on the house and then provide it as rental.

It is a single-family home and auctioneer Todd Jantzi, of Bontrager's, noted that the city sold the house once before at auction, in 2011. That buyer subsequently sold the property and the new buyer began renovations, and got very far along before abandoning the project for unknown reasons.

The house has been painted upstairs and down, has new carpeting and flooring throughout and a new kitchen, but lacks fixtures.

The city foreclosed on the property to satisfy unpaid taxes.

City staff has proposed using the auction money to fund Vibrant Batavia for another year, but that would require City Council approval first.

walnutaucapril162016-2.jpg

walnutaucapril162016-3.jpg

Crime victims remembered in annual walk

By Press Release

crimevictimswalkapril152016.jpg

Photos by Howard Owens, story by Jeff Donahue, WBTA.

Genesee Justice held its Annual Celebration of Survivors at the Old County Courthouse Friday evening. Genesee County Legislator Marianne Clattenburg presented a Legislative Proclamation to Theresa Asmus-Roth, program coordinator of Genesee Justice.

The keynote speaker was retired Genesee County Court Judge Robert Noonan, who reflected on how victim services have changed over the years.

Noonan also spoke on the many cases he had been involved in over the years, including the Lynden Goodell drunken driving case back in the late 1980s.

Ellen Bachorski, president of the Friends of the Batavia Peace Garden, presented a multicolored ribbon symbolizing the different kinds of abuse suffered by crime victims, which participants carried on their walk from the Old Courthouse to the Peace Garden.

The crime victims Service Award was presented to the members of the Genesee County District Attorney's Office and the Katheryn Seymour Memorial Award was presented to Cynthia Richmond for her courage in identifying a man who attempted to break into her home.

crimevictimswalkapril152016-2.jpg

People around county heard explosion of Tannerite on Dodgeson Road

By Howard B. Owens

About 50 people contacted the Sheriff's Office dispatch center around 9:36 p.m. to report a loud explosion that in some cases caused houses to rattle, and after an investigation, deputies believed they found the cause.

A group of people on Dodgeson Road reportedly mixed from 14 to 60 pounds of a legal compound called Tannerite.

Tannerite comes in two parts and when mixed properly, is used for small, explosive targets for shooting.

There were no injuries reported.

A group of people were found at the location of the explosion and interviewed. No arrests have been made, but the Sheriff's Office reports that the investigation is continuing. It is being conducted by Deputy Kevin McCarthy. Assisting at the scene was Trooper Chad Bea.

Dispatchers received calls from Fisher Road, Oakfield, Morganville Road, Stafford, Warner Road, Darien as well as from the Village of Le Roy, Alexander and the City of Batavia.

Previously: Callers report loud boom in Wortendyke area

Photos: GSO prepares for 'American Made' performance on Sunday

By Howard B. Owens

gsoapril152016-10.jpg

The Genesee Symphony Orchestra performs at 4 p.m., Sunday, at Elba Central School's auditorium. 

Bryan Eckenrode conducts "American Made," which features nine pieces by American composers, including two local composers, Gary Call Hanley and Ross Chua. Hanley lives in Nashville and his piece, "Plight of the Common Man," has been performed there. Chua is a Batavia High School student and this is the world premier of his work, "Spectacle in Flight."

Also on the program are "Short Overture to an Unwritten Opera" by Don Gillis, the "Paul Bunyan Suite" by William Bergsma, "Blues in 6/8" by Milton Weinstein, three dance episodes from "Rodeo" by Aaron Copland, "Variations on a Theme" by Handel, a piece by Maurice Whitney, "Harry Potter and the Prisoner of Azkaban" by John Williams and "West Side Story" by Leonard Bernstein. 

The Harry Potter piece will be performed with students from the GSO String Workshop.

Tickets can be purchased at the door or online (click here).

gsoapril152016-2.jpg

gsoapril152016-3.jpg

gsoapril152016-4.jpg

gsoapril152016-5.jpg

gsoapril152016-6.jpg

gsoapril152016-7.jpg

gsoapril152016-8.jpg

gsoapril152016-9.jpg

Callers report loud boom in Wortendyke area

By Howard B. Owens

Callers report hearing a big loud boom that caused houses to shake in the area of Pearl Street Road and Wortendyke Road, Batavia.

Law enforcement dispatched to investigate.

UPDATE 9:53 p.m.: A deputy is checking a residence on Pike Road where apparently there has been a prior complaint, but the residence is quiet. A trooper reports that he was told it sounded like it was further south than Pike Road.

UPDATE 9:56 p.m.: A deputy on Dodgson says, "you can actually smell it."  

UPDATE 9:57 p.m.: A witness has told the trooper he actually saw the explosion.

UPDATE 10:09 p.m.: A deputy tells dispatchers, "We're all set. We've got the individuals responsible." No details shared at this time.

Photo: A dragon and the Milky Way

By Howard B. Owens

img_6418dragondoug.jpg

Doug Yeomans has once again produced a masterpiece, and once again of the dragon on the Emerald Models property on Transit Road in Pavilion.

This was taken at 5:30, a morning or two ago.

City to auction house at 109 Walnut St. at 9 a.m. tomorrow -- not 10

By Billie Owens

The city would like to remind residents that the house at 109 Walnut St. will be auctioned off tomorrow, April 16. The previous start time provided by the city of 10 a.m. is NOT correct.

The auction starts at 9 a.m.

The property will be open one hour prior to auction for walk-through.   

If you have any questions or need additional information, please contact:

Office of the City Clerk

One Batavia City Centre

Batavia, New York 14020

Phone:   (585) 345-6305, option 5, option 1

Fax:     (585) 343-9221

E-mail:   hparker@batavianewyork.com

Grand Jury: Man indicted for aggravated DWI and unlicensed operation, another for unlicensed driving -- with 21 suspensions

By Billie Owens

Joseph M. Dispenza is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 17 in the Town of Batavia that Dispenza drove a 2006 Pontiac on Route 63 while in an intoxicated condition. In count two, he is accused of the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that he had a BAC of .18 percent at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while knowing, or having reason to know, that his license was suspended, revoked or otherwise withdrawn by authorities, and doing so while under the influence of alcohol or a drug.

Cordell E. Libbett is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 4 in the Town of Stafford that Libbett drove a 2015 Dodge with Mississippi plates on Route 33 in the Town of Stafford while knowing, or having reason to know, that his license to operate a motor vehicle in this state was suspended, revoked or otherwise withdrawn by authorities. It is further alleged that he had in effect 10 or more suspensions, imposed on at least 10 separate dates for failure to answer or pay a fine. These are cited as having occurred in the following places on these dates: Dec. 25, 2008, Town of Wayland, Steuben County; Oct. 11, 2013, Town of Irondequoit, Monroe County; and in the City of Rochester, Monroe County, on Aug. 31 and Nov. 22, 2006; and Jan. 29. and March 19, 2007; Jan. 22, March 7, March 28, May 6, Sept. 27, Oct. 10, Oct. 18, and Nov. 20, 2008; April 24, June 26, Dec. 29, 2012; March 5, Oct. 1 and Dec. 3, 2013; and March 19, 2014.

Law and Order: Alleged Le Roy burglar charged with second burglary involving guns

By Billie Owens

James R. Kosiorek (pictured left), 23, who has no permanent address and is currently residing in the Genesee County Jail, was arrested by the Le Roy Police Department and charged with a second residential burglary where guns were allegedly involved. Kosiorek was initially charged for burglarizing a residence March 17 on Lake Street in LeRoy and attempting to steal guns from inside. During that alleged burglary, the homeowner interrupted the burglary finding Kosiorek inside at which time Kosiorek allegedly fled the scene, leaving the guns. While conducting that investigation, information was received alleging Kosiorek committed a different but similar burglary on Genesee Street in Le Roy. A subsequent investigation into the Genesee Street burglary alleged that on March 13 Kosiorek forced entry to an acquaintances apartment at which time Kosiorek removed two shotguns from the apartment. It is alleged that Kosiorek was again interrupted by the tenant and fled the scene. The shotguns were recovered by the tenant in the back yard. Kosiorek was charged Thursday with one count of second-degree burglary, a Class C felony, two counts of fourth-degree grand larceny, a Class E felony, and one count of third-degree criminal mischief, also a Class E felony. Kosiorek was arraigned before the Hon. Michael Welsh of the Le Roy Town Court and released on his own recognizance as he was already being held on bail for the Lake Street burglary.

Amelia Rose Witkowski, 30, of Angling Road, Pembroke, is charged with second-degree burglary, making a punishable false written statement and petit larceny. She was arrested for allegedly entering a resident on Main Road in Pembroke at 6:30 p.m. on Jan. 29 and stealing property from within. She also allegedly provided a written deposition to a Sheriff's deputy which contained false information. The case was handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Christopher Erion.

Kimberly M. Zeiner, 48, of Caroline Street, Albion, was charged with aggravated unlicensed operation, 2nd, and driving without headlights following a traffic stop at 3 p.m. April 6 on West Main Street, Batavia. Zeiner was subsequently arrested on April 14 on an outstanding bench warrant on those charges issued out of City of Batavia Court. The defendant was jailed in lieu of $250 bail. The case was handled by Sheriff's Deputy Richard Schildwaster.

Nicholas Adam Dubois, 18, of Shady Lane, Batavia, is charged with two counts of petit larceny. Dubois was arrested following an investigation of theft of stone from two locations in the Town of Byron. He was released with appearance tickets. The case was handled by Sheriff's Deputy Matthew Fleming, assisted by Deputy Michael Lute.

A 17-year-old is charged with two counts of petit larceny. The youth was arrested following an investigation of theft of stone from two locations in the Town of Byron. The subject was released with appearance tickets. The case was handled by Sheriff's Deputy Matthew Fleming, assisted by Deputy Michael Lute.

Attorneys expecting report in two weeks on Kyle Johnson's mental state

By Howard B. Owens
120mug_kylejohnson.jpg
    Kyle Johnson

The man accused of murdering a neighbor on Selden Road, Le Roy, the morning of Dec. 1, received a psychological exam earlier this week, according to his attorney, but the results of that exam have not yet been made available to the defense.

The report will help Public Defender Jerry Ader determine how he will proceed with the case, he told President Judge Michael F. Pietruszka.

Ader may ask for a hearing to determine if Kyle G. Johnson suffers from a mental defect or impairment.

Johnson is accused of killing Norman D. "Don" Ball, of setting his own house on fire, and of attempting to kill a police officer and firefighter.

The 53-year-old defendant was arrested near his property on Selden Road after a lengthy standoff with police, including emergency response teams, while his house burned to the ground.

It will take at least two weeks for the written report to become available, at which time, Ader will provide a copy to District Attorney Lawrence Friedman. 

At some point after the report is available, there will be a hearing on several issues related to the case. Whether that includes a hearing on Johnson's mental state will be determined by Ader, but Friedman said he expects Ader will seek a hearing on several evidentiary issues, including a photo lineup used with a witness, oral statements made in connection with the case, a video interview, and numerous statements made to corrections officers in the Genesee County Jail.

Typically, pre-trial hearings last about an hour, but Friedman said he expects this hearing will last substantially longer, but less than a full day.

For previous coverage on Kyle Johnson, click here.

Plans for new Arby's Restaurant on Lewiston Road put on hold

By Howard B. Owens

County planners expected a detailed discussion last night about a proposed Arby's restaurant at 8364 Lewiston Road, Town of Batavia, but the applicant withdrew the application earlier in the day.

County Planning Director Felipe Oltramari said he expects the proposal to come back to the planning board at a later date, perhaps as soon as the meeting next month.

There are a few variances needed for a 2,000-square-foot fast-food restaurant at the location, which is across from Kmart where a used car lot is now and next to Jerry Arena's Pizza.

The zoning code for the town requires a 40,000-square-foot lot for such an establishment, but the lot size at this location is only 29,664 square feet.

The builders are proposing parking spaces of 9x18 feet, instead of the required 10x20 feet.

The restaurant will also require three signs instead of the permitted two, with one being a bit larger than the sign ordinance allows.

The owner listed on planning documents is Bill Meland, with a business address of the current Arby's location on West Main Street in the City of Batavia.

In other matters brought to the board Thursday night:

  • The Chamber of Commerce received approval plans to remodel 8276 Park Road, Batavia, which will become the new headquarters for the chamber and the visitors' bureau once it's completed. The project includes a building addition, facade renovations, a new roof and a new accessible ramp.
  • Richard Mistretta is planning to open a record store at 220 E. Main St., Batavia, and received approval for his sign.
  • The Town of Batavia is planning to revise its zoning code to remove the requirement that certain properties in industrial parks be directly accessed from a state highway. The town has granted three variances in recent years and since there might be addition variance requests that would likely be granted, the town is seeking to remove the requirement altogether.
  • The Town of Alabama is extending its moratorium on commercial development for 12 months. This is the third extension sought by the town.
  • Daniel Miller and Padrna Kasthurirangan were approved for a windmill at 10021 Simonds Road, Corfu. The windmill will stand 121 feet tall.
  • The new Waggin (sic) Wheel Restaurant at 8282 Park Road, Batavia, was approved for outdoor cooking and a change to the commercial sign.
  • Suzanne Schultz received permission to hold craft classes at 57 Main St., Oakfield.

The county planning board is not the final word on application approvals. Their approvals are recommendations. Final decisions rest with the planning or zoning boards in each jurisdiction.

GCC celebrates 50 Years, new anniversary logo unveiled

By James Burns

_64t9662.jpg

A cake-cutting ceremony was held at 11 this morning in honor of Founding Day at Genesee Community College. The 50th Anniversary of the campus will be celebrated over the coming 18 months, with a number of events plants to commemorate a variety of milestones.

Students, faculty, staff, administrators, alumni and friends gathered in the William W. Stuart Forum for today's ceremony. A specially prepared historical photo show is running continuously until 2 p.m. and all visitors will have the chance to be part of a pending time capsule by briefly answer the inquiry: “What I found at GCC.”

Edited responses to this inquiry will be added to the soon-to-be launched 50th Anniversary Web site. WGCC, the College’s radio station is broadcasting live, and the GCC Cougar mascot is posing for photos.

Also, the College is officially releasing the new 50th Anniversary logo featuring a creative blue and gold flame matching the College’s colors that date back to the late 1960s with the insignia “The True-Blue Past – Our Golden Future.”

The next big College event is the official Groundbreaking Ceremony at 4 p.m. on Thursday, April 28, for the new Student Success Center and the Event Center. College and community leaders will gather to recognize the start of construction for these two new facilities, collectively valued at more than $21million and totaling 75,000 square feet.

_64t9670.jpg

_64t9687.jpg

Genesee Community College President James Sunser.

Smell of natural gas inside City Centre building prompts evacuation

By Billie Owens

The smell of natural gas inside the City Centre has prompted the building to be evacuated. City firefighters are on scene investigating.

UPDATE 9:38 a.m.: City command reports the odor is not natural gas, but there is a smell and they are investigating.

UPDATE 9:43 p.m.: The assignment is back in service.

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
Tags: Jobs offered

Authentically Local