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Owner of Oliver's continues push for change in sign law

By Howard B. Owens

Jeremy Liles said he will continue to push for a rules change in the City of Batavia on commercial signs that prohibit electronic signs from regularly changing their messages.

Earlier this year, Liles installed a new sign on his business, Oliver's Candies, at Main and Oak with an electronic message board.

Under the current city ordinance, he can only change the message on the board once every 24 hours. He would like to change it hourly, especially this time of year when he might have four or five different promotions going to attract holiday business.

Tuesday night the city's planning board unanimously rejected his request for a variance to allow the message to change at least hourly.

Duane Preston, chairman of the board, said his vote was based on the fact there is no precedent in the city for allowing an exemption.

Liles argued that signs at Salvation Army and Batavia High School change more often than every 24 hours, but Preston said the city's code enforcement officers report that no permission has been granted for such changes where the city has jurisdiction. He doesn't have jurisdiction over the school property, he said.

Liles said the inconsistency bothers him.

He vowed to continue the fight after the vote, including bringing it up during the city's comprehensive plan update.

One apparent argument against frequently changing signs is that it creates a traffic hazard. Liles said he doesn't buy that argument. Distracted driving from mobile phones is a bigger problem than business signs, he said.

"There were two accidents in front of Oliver's this morning and that had nothing to do with my sign," he said.

Photos: Batavia HS talent show

By Howard B. Owens

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Cameron Bontrager performs "Sweet Child of Mine" during the 2015 Batavia HS talent show Tuesday night in the school's auditorium.

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Tzyonah Scheffield-Reese performs "Photograph."

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Madison Hoerbelt and Eryn Dunn perform "For Good."

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Ross Chua and Chelsea Jensen perform "I'm Yours."

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Hannah Bluhm performs "Dear Future Husband."

Hawley calls on Cuomo to increase screening, close borders for Syrian refugees entering New York

By Billie Owens

Press release from Assemblyman Steve Hawley:

In light of last weekend’s horrific terrorist attacks across Europe, Assemblyman Steve Hawley (R,C,I-Batavia) has called on Gov. Cuomo to increase New York’s screening process for allowing Syrian refugees into the state. Hawley expressed the urgency of this matter as authorities are investigating a Syrian Passport found near one of the French bombing sites after the weekend’s terrorist attacks.

Twenty-five governors across the country have vowed to block Syrian refugees from entering their states as of this morning.

“This is a matter of New York State security,” Hawley said. “I am concerned that Syrian refugees sympathetic to the terrorist attacks could already be living among us, and we have a duty to protect our citizens from future threats. New York’s highly populated cities are easy targets for terrorists who are now more frequently attacking innocent civilians.

"The groundswell of support for this measure is growing by the hour, and 25 governors, including several moderate presidential candidates, already have pledged to close their borders until security is increased. I am officially calling on Gov. Cuomo to close our borders to Syrian refugees until we can properly ascertain threats inside our state and the remaining attackers have been apprehended.”

Law and Order: Cherry Street teen charged with four counts following BB gun incident that allegedly injured somebody

By Billie Owens

John E. Tejada, 19, of Cherry Street, Batavia, is charged with second-degree assault, fourth-degree criminal possession of a weapon, endangering the welfare of a child, and second-degree menacing. On Nov. 10 at 10:01 p.m., at 300 Ellicott St., Tejada allegedly pulled out a BB gun, pointed it in the direction of several individuals, two of whom are under age 17, and shot several times, injuring one person. He was jailed without bail and ordered to return to City Court last Friday, Nov. 13. The case was investigated by Batavia Police Officer Jamie Givens.

A 17-year-old male who resides on Route 237, Byron, was arrested and charged with forcible touching for allegedly touching a female's intimate body parts on the afternoon of Nov. 6 in Bergen. He was issued an appearance ticket and is to appear in Bergen Town Court on Dec. 16. The case was investigated by Sheriff's Deputy Matthew Butler.

Kathryn M. Yark, 18, of Roosevelt Avenue, Batavia, was arrested on a bench warrant issued for the alleged unauthorized use of a vehicle on July 18. After her arraignment Saturday in Town of Batavia Court, she was jailed in lieu of $1,000 bail. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Arick Perkins.

James P. Colantonio Jr., 27, of South Swan Street, Batavia, was arrested Saturday on a bench warrant issued following his alleged failure to pay a fine last December. He is scheduled to appear in City Court on Wednesday, Nov. 18. The case was handled by Batavia Police Officer Mitchell Cowen.

Leo Richard Brown, 19, of West Main Street, Batavia, was arrested today on a bench warrant issued for allegedly failing to appear in court on April 7. He was turned over to Batavia PD by Albion PD. He was released and scheduled to return to City Court. The case was handled by Batavia Police Officer Jamie Givens.

A 17-year-old who lives on Liberty Street in Batavia was arrested today and charged with attempted petit larceny, stemming from an incident which occurred at 3:15 p.m. on Nov. 15 on East Main Street, Batavia. The defendant was issued an appearance ticket for City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Ted 'The Talker' is missing from Osterhout Avenue digs in Batavia

By Billie Owens

This beautiful, sleek indoor boy (betcha it's a Bombay) is named "Ted" and he is missing from his house on Osterhout Avenue in the City of Batavia. You've no doubt heard of TED talks. Well, we can assure you this Ted talks, he just doesn't speak English. A real chatterbox -- when he's not napping or noshing.

He made his stealthy escape Sunday night, well camouflaged in the cloak of darkness. His family (Greg Carney, Alicia Hale and their 5-year-old daughter) pines for him most acutely.

Please contact Alicia Hale at 585-300-9669 if you have any information about Ted. If you see him, try to engage him in a conversation, then call his mom. Hopefully, he'll hold forth until she can arrange for his safe return.

Notre Dame HS Athletic Hall of Fame honorees for 2015 named

By Billie Owens

Submitted photos. Top -- newest Athletic Hall of Fame inductees: Alex Sepi, Lisa Dwyer Lenhart, Dawn Sherwood Norton and Walter Szczesny; middle -- retired teacher and coach Bill Sutherland; above -- and John and Tom Borrelli, who accepted an award on behalf of their father, Nicholas.

Press release:

On Saturday, Nov. 14, friends and supporters of Notre Dame High School enjoyed a “Tailgate Party” themed event as they celebrated Sports Night at Slomba Hall in Batavia. They also honored people newly chosen to be inducted into the Athletic Hall of Fame.

The night started with a welcome from the school’s new principal, Wade Bianco, who spoke about all the exciting things going on at Notre Dame High School.

Athletic Director Mike Rapone introduced the Athletic Hall of Fame inductees who included:

  • Alex Sepi -- ’84
  • Lisa Dwyer Lenhart -- '83
  • Dawn Sherwood Norton -- ’79
  • Walter Szczesny -- ’76

Retired teacher and coach Bill Sutherland, was also honored for his 41 years of service to Notre Dame.

Nicholas Borrelli was inducted for his contributions to Notre Dame High School and his award was accepted by his sons, John Borrelli, who is the current chairman of the Notre Dame High School Board of Trustees, and Tom Borrelli.

All honorees spoke of their appreciation of Notre Dame High School and their educational and athletic experiences there.

Notre Dame High School of Batavia has been ranked #1 among private schools in Western New York for the past eight years by Buffalo Business First. In addition, the Notre Dame Fighting Irish Interscholastic Athletic programs also ranked #1 in Genesee, Wyoming and Orleans counties.

Genesee ARC opens redemption center

By Howard B. Owens

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Press release:

The Genesee ARC Redemption Center is open for business!  “Bring us your cans and bottles,” said Director of Operations, Paul Saskowski.

Along with offering new employment options for individuals with disabilities, Saskowski said, “The expansion of our transfer station allows customers to drop off refuse, recyclables and now get their deposits on beverage containers back so these chores can be done in a ‘one-stop’ concept.” 

The Genesee ARC Redemption Center, 3785 W. Main Street Road, Batavia, is open Monday through Saturday 8 a.m. to 2 p.m. and Wednesdays until 8 p.m.

“The hundreds of community members that visit monthly for trash and recycling now have an even greater convenience,” Saskowski said.

“The best thing about the ARC-operated redemption center is additional employment opportunities for individuals with disabilities,” the director said.  “This expansion aligns with Genesee ARC’s mission of supporting people with disabilities in partnership with their families and the community."

All NYS beverage bottles and cans are accepted at the site. Customers wishing to donate their refunds to a nonprofit can designate Volunteers for Animals, Boy Scouts of America, Crossroads House or Genesee ARC. Organizations wishing to hold a can drive can contact Paul Saskowski or Redemption Center Manager Carl Jones at 343-4203 to set it up.

Photo: Carl Jones, Redemption Center manager, with Mark and Wesley, employees of the Genesee ARC Redemption Center.

Batavia HS hosts annual talent show tonight

By Howard B. Owens

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Batavia High School hosts its annual faculty and student talent show tonight in the auditorium starting at 7 o'clock.

Pictured during yesterday's rehearsal are Tzyonah Sheffield-Reese (top) and Kesa Janes.

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Photos: Preparing for Wonderland of Trees gala

By Howard B. Owens

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Yesterday, volunteers were busy preparing baskets for the auction Friday during the Holland Land Office Museum's 14th annual gala for the Wonderland of Trees.  The opening night festivities get under way at 7 o'clock. General Admission is $25 per person or $20 for Museum members. There will be live Christmas music, a 50/50 raffle, silent auction, basket raffles, catering by D&R Depot, and nearly 40 Christmas trees and displays -- thanks to the generosity of you, our community. Tickets can be purchased in advance in the Gift Shop or the night of the Gala.

Pictured are Kathy Jasinski, Mary Jo Eddy, Theresa Potter, Donna LaValle.

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Sponsored post: Stella's Black Friday Gone White Sale!

By Lisa Ace

Are you ENGAGED and Looking for your DREAM DRESS? You do not want to miss Stella's Steals n Deals on Black Friday! Due to a large response, tickets will be required, call Stella's Bridal Boutique at 585-768-7771 or e-mail us at stellasbridalboutique.com to GET YOUR TICKET to STELLA'S BRIDAL SAMPLE SALE! Hurry, there are a limited number of tickets left!

Tractor-trailer fire reported in Bergen

By Howard B. Owens

A tractor-trailer is on fire on Route 33 near Route 19 in Bergen.

Bergen fire is responding.

UPDATE 12:31 p.m.: The fire is contained to a roll-off dumpster, which has been removed from the vehicle. The location is in front of the Bergen C-Store.

Law and Order: Alexander farm worker charged in Wyoming County assault

By Howard B. Owens
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 Abraham Martinez

Abraham R. Martinez, 31, of Alexander, is charged with assault, 2nd. Martinez was arrested by State Police following a month-long investigation into an incident in the Town of Orangeville. A female was struck in the mouth with a bottle, resulting in the need for dental surgery after she lost part of her front teeth. State Police were provided with the first and last name of a suspect but had no other information to go on. Troopers, with the assistance of Border Patrol agents, obtained information that indicated the suspect might be located at a farm in Alexander, where he had been employed for about two weeks. Martinez was located and arrested and processed in Warsaw. He was jailed on $10,000 bail.

Alicia Kimberly Urban, 30, of Main Street, Attica, is charged with petit larceny. Urban is accused of stealing $432.96 in merchandise from Kohl's.

Luke William Ritzenthaler, 32, of Route 237, Byron, is charged with aggravated family offense and criminal contempt, 2nd. Ritzenthaler allegedly had contact with a female by phone and letter in violation of a court order while incarcerated at the Genesee County Jail.

A 17-year-old resident of Exchange Street, Attica, is charged with petit larceny. The youth allegedly shoplifted at Walmart. The youth allegedly placed electronic merchandise in her purse and exited the store.

Kelvin B. Murphy, 42, of Ellicott Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Murphy allegedly pushed another person at 3:47 a.m., Nov. 8., at an address on State Street.

Gregory S. Yark, 51, of Roosevelt Avenue, Batavia, is charged with criminal possession of stolen property. Yark was arrested on a warrant. He was jailed on $1,000 bail. Yark was also charged with possession of a hypodermic instrument and criminal use of drug paraphernalia. Yark was allegedly found in possession of these items at the time of his arrest.

Oliver's Candies hopes to ease rules for electronic signs

By Raymond Coniglio

Changing times demand changing signs, says Jeremy Liles, owner of Oliver’s Candies.

City code doesn’t agree — at least not for now.

And so the Genesee County Planning Board on Thursday recommended disapproval of a permit that would allow “periodical change” of the digital reader board on Oliver’s Candies’ new electronic sign.

The city Planning and Development Committee is scheduled to review the permit request on Tuesday.

Oliver’s Candies replaced its longtime free-standing sign, at 211 W. Main St., with the digital version earlier this year.

City planners approved a permit for the new sign in December 2014. The permit was granted with the condition that the sign not contain “flashing, intermittent, rotating or moving lights.”

On Thursday, Liles said it makes good business sense to lift those conditions, at least a little bit.

“I could play full video on (my sign), but I’m not looking to do that — I don’t even want to change it every four seconds,” he told the Planning Board. “I was actually hoping for once an hour; that would be my ultimate goal.”

The lettering on a non-digital sign could be manually changed once an hour, with no legal ramifications, he said. “The only difference is this one is lit.”

In recommending disapproval, county Planning Department staff noted that the city and most municipalities prohibit periodically changing LED displays because they can distract drivers. Staff conceded electronic signs are becoming more popular, but the city has been consistent in not allowing signs that change more than once every 24 hours.

The county vote to disapprove means a majority-plus-one vote would be required for the city committee to approve the sign variance.

County Planning Director Felipe Oltramari told Liles his best course of action would be to persuade City Council to change city law.

“I guess what I’m looking to do is update the world a little bit,” Liles said. “If not the world, then the city of Batavia.”

In other business, the county Planning Board recommended:

— disapproval of a site plan and area variance for construction of a Dollar General store on the east side of Allegheny Road (Route 77), Pembroke.

Planning staff said the variances — including a 9,100-square-foot building, nearly twice the minimum allowed — “grossly exceed” the requirements of town zoning law.

The store would also be built on a half-acre parcel subdivided from farmland. That land is in active agriculture and enrolled in county Agriculture District No. 1. That would prohibit connections to existing water and sewer service.

The property was reenrolled in the Ag District this past January. A portion of the land cannot be removed by subdivision, according to Oltramari, who administers the Ag District program.

“Once you sign up for an Ag District, you’re in it for eight years,” Oltramari said. “And all the land that gets subdivided out of it, stays in for eight years.

“It doesn’t prevent them from building the building,” he added. “It just prevents them from hooking up sewer in water.”

Lowell Dewey, project engineer for C&S Co., of Buffalo, said Dollar General has enough space to accommodate a well and septic system. Adding those would require a site plan change.

— disapproval of an area variance allowing a sign for an insurance office at 10724 Alexander Road, Alexander. James Wright hopes to install a 33-square-foot sign; the maximum allowed is 6 square feet.

— approval of the subdivision of a multi-family residential parcel at 180 Pearl St., Batavia, into two parcels each with a two-family residence.

— approval, with modifications, of zoning text amendments to add review criteria for solar energy systems in the Town of Batavia. The required modification is that the town add mitigation provisions for solar-energy systems built on agricultural land. “Of particular concern are construction and restoration techniques, including maintenance and restoration of drainage patterns and improvements, stockpiling of topsoil, and soil decompaction after decommissioning of the project,” planning staff said.

— approval of a site plan allowing T-Mobile to exchange six panel antennas and add a new battery cabinet to a telecommunications tower at 5101 Broadway Road (Route 20), Bethany.

— approval of an area variance to subdivide a single-family home at 1711 Genesee St. (Route 33), Pembroke, from its rear acreage and accessory buildings.

— approval, with modifications, of a site plan to operate an electrician’s office and warehouse at 614 Main Road (Route 5), Stafford. The required modification is that landscaping buffers and fencing property be maintained or improved.

The property is being purchased by Art Nicometo, who plans to use it for storage and as an administrative office. No retail will be conducted.

Photos: Le Roy Country Club hosts Vintage Marketplace Sale & Show

By Raymond Coniglio

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The Le Roy Country Club on Saturday hosted the annual Vintage Marketplace Sale & Show.

A variety of dealers offered vintage and antique items, Christmas decorations, jewelry, glassware and more.

The $3 admission benefits the Le Roy Historical Society and Jell-O Museum.

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Pictured are Loretta Dintruff of Le Roy (above) and Jed and Sandra Brady of Le Roy.

Batavia drops Far West Regional to Cheektowaga, 43-36

By Howard B. Owens

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Cheektowaga's athletic playmakers and Batavia's inability to convert a couple of scoring opportunities in the first half were the big difference in the Blue Devils' second consecutive try at a Far West Regional Championship.

A win would have propelled Batavia into the state championship Class B semifinal. Instead, as happened last year, the team traveling to Syracuse is the Warriors.

Batavia led from the opening drive until nine minutes left in the game, when Cheektowaga tied it up at 36-36. When Batavia couldn't sustain a drive on the following possession, the Warriors moved the ball downfield effectively and scored on a four-yard by Tyr Willingalea with 1:36 left on the clock. A turnover with less than 20 seconds left in the game, and the score 43-36 gave Cheektowaga the championship.

"They played so well and they've been such tough kids," said Head Coach Brennan Briggs. "My heart breaks for them. I mean, right now, my heart's broken, really. These guys, I love them. We've got 18 seniors and it's going to be very tough saying goodbye to them."

Briggs felt coming into the game his team would be able to run on the Warriors and Dom Mogavero put together a great game. He rushed for 125 yards on 33 carries. He carried the ball in twice and scored another touchdown on defense with a fumble recovery. QB Greg Mruczek had four carries for 76 yards, including a long of 61 yards. Ray Leach carried the ball six times for 29 yards, and Jonathan Barber had two carries for 19 yards and a TD.

Mruczek was 7-20 passing, including two interceptions. 

Ryan Hogan caught four of those passes for 108 yards, including a long of 58 yards. 

Batavia scored easily on its first drive and scored again less than a minute later on an Adonis Davis interception, making the score 14-0. Cheektowaga struck back quickly on its next position, but from then on until the fourth quarter, Batavia always managed to keep the game out of reach of the Warriors. Or, the Warriors used their athletic weapons to keep the Blue Devils in reach.

Cheektowaga had the last three scores of the game, a 27-yard run by Willingelea that put the Warriors within eight, a five-yard run by Eric Bartnik and a two-point conversion that tied the score, and then the final TD that sealed Batavia's fate.

"They're an athletic team," Briggs said. "They've been known for it all year. They've been down and they've come back. Even when we were up two scores, I said it to my guys, 'They are the comeback kids. They did it last year and they did it this year. They're a good football team.' "

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Leach picking up a fumble that set up a Batavia TD.

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Terren Lorrie was defensive player of the game.

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To purchase prints of game photos, click here.

Car vs. pole accident reported on Byron Road, Stafford

By Billie Owens

A car vs. pole accident with air-bag deployment and possible injuries is reported by a passerby at 8122 Byron Road. Stafford Fire Department and Mercy medics are responding.

UPDATE 7:41 p.m.: The male driver is being transported to UMMC for injuries sustained after his vehicle struck the pole while going "approximately 50 miles an hour."

Car vs. deer accident with injuries reported on eastbound Thruway, Le Roy responding

By Billie Owens

A car vs. deer accident with injuries is reported on the eastbound Thruway at mile marker 377.8. Le Roy fire and ambulance are responding.

UPDATE 6:29 p.m.: State troopers are also responding. The Thruway Authority spoke with the driver who told them they could not get out of the vehicle.

UPDATE 7:14 p.m.: The assignment is back in service. Le Roy medics went back in service without transporting anyone.

Top Items on Batavia's List

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