The police investigation into a reported assault two weeks ago that left one man with serious injuries has been stymied by a lack of cooperation from one of the victims and the failure of potential witnesses to come forward, said Det. Todd Crossett.

The Batavian reported on the assault Oct. 28, which reportedly involved a group of people attacking a young man returning from 7-Eleven to a Halloween party on Swan Street with pizzas and a friend who went out apparently looking for the attackers. That second man was hospitalized after he was attacked by a group of people.

The victim who was seriously hurt has cooperated with investigators, but the first reported victim, who was the person who contacted The Batavian about the case, has declined all interview requests with police and police have found it repeatedly difficult to get in touch with him.

Several people posted comments online indicating they know who the attackers are, but police attempts to contact those potential witnesses have been unsuccessful and none has voluntarily contacted police.

Crossett is asking that those potential witnesses please come forward and answer questions.

"I'd like to talk to you and find out how you might know who these people might be," Crossett said.

Crossett's direct line is (585) 345-6353.

The information contained in the original story on The Batavian about the attack is consistent with what the police have been able to learn so far, but without further cooperation from victims and witnesses, it will be difficult to successfully close the case, Crossett said.

Veterans were a baffled by this setup when they arrived at the Upton Monument this morning. They aren't sure if this was meant as some sort of message or it's just somebody's litter. The boxes were all empty.

Submitted photo.

Press release from Genesee & Orleans County Health Departments:

Have you and your loved ones been vaccinated against pertussis, more commonly known as, whooping cough? If so, are you still up-to-date or need a booster? If you’re unsure or need a booster it’s time to call your primary care provider.

Whooping cough is a serious and very contagious respiratory disease that can cause long, severe coughing spells and the characteristic “whooping” sound that follows when a person gasps for air. (Click whooping cough sound to hear for yourself or visit http://www.cdc.gov/pertussis/materials/everyone.html). It can present like a common cold at first, but after one or two weeks a person is overcome with coughing spells so violent it likely interferes with eating, drinking and even breathing.

The bacterium is found in the mouth, nose and throat and is spread from person to person by direct contact with mucus or droplets from the infected individual(s). These episodes may occur for one to two months and are more frequent at night.

Currently, Public Health nurses in Genesee and Wyoming counties are investigating confirmed cases of pertussis (whooping cough).

Preventing this highly contagious disease is everyone’s responsibility and the best protection is getting vaccinated! Whooping cough can take a toll on anyone, but it can be deadly for babies as they are especially fragile and are unable to receive the first dose of the vaccine until 2 months old. Severe complications from having whooping cough are more common among infants and young children and may include pneumonia, middle ear infection, loss of appetite, sleep disturbance, syncope (temporary loss of consciousness), dehydration, seizures, encephalopathy (a disorder of the brain), apneic episodes (brief stop in breathing) and death. 

If you or a loved one is experiencing symptoms seek medical attention.

There are two versions of the vaccine depending on age:

• DTap vaccine is given to children 2 months - 6 years old and protects against not only whooping cough but Tetanus and Diphtheria too.  Children should get 5 doses of the DTap vaccine, one dose at each of the following ages: 2 months, 4 months, 6 months, between 15 - 18 months, between 4 - 6 years. 
• Tdap vaccine is a booster shot that helps protect pre-teens and adults from the same diseases. The first, one-dose, Tdap booster should be given between 11 - 12 years old and every 10 years after that for greatest immunity. During pregnancy, women should get the Tdap vaccine as the antibodies will be passed to the baby, providing protection until they are old enough to receive their first DTap vaccine, and the mother will be protected against spreading whooping cough to her newborn.

According to the Immunization Action Coalition (www.immunize.org), after receiving the properly spaced primary series of DTap or Tdap, approximately 95 percent of people will have protective levels against Diphtheria and 100 percent will have protective levels against tetanus in their blood. Protection levels against pertussis (whooping cough) have an estimated range of 80 – 85 percent.

“Although DTap and Tdap are the best way to protect against whooping cough and potential complications the level of protection decreases over time just the same as Diphtheria and Tetanus ,” said Brenden Bedard, director of Community Health Services for Genesee & Orleans County Health Departments.

“It is also important to use germ prevention practices, too. Regular hand washing with soap is the best but hand sanitizer is a good option when on-the-go. Coughing and sneezing into a tissue or in the inside of your elbow, not sharing personal items, as well as disinfecting shared surfaces are good habits also.”

The single most effective control measure to prevent vaccine-preventable diseases is to maintain the highest possible level of immunization in the community. Babies, teens, adults, and pregnant women need to be vaccinated according to the CDC Recommended Immunization Schedules. Local Health departments and most pharmacies can also assist in providing vaccines although qualifications vary, please call for details.

For more information on DTap/Tdap or Health Department services contact:

• Genesee County Health Department at: 344-2580, ext. 5555, or visit the Web site at www.co.genesee.ny.us/departments/health/index.html. Visit Facebook at Genesee County Health Department and Twitter at GeneseeCoHealthDept.
• Orleans County Health Department at: 589-3278 or check out the Web site at:  www.orleansny.com/publichealth. Visit Facebook and Twitter: the user name for both is OrleansCoHealth.
• Wyoming County Health Department at: 786-8890 or visit the Web site at www.wyomingco.net/health/main.html.

Press release:

Why in the world is there a business sitting next to two private homes in the City? Why do the City’s code enforcement officers allow one property owner to build onto a structure and yet deny another? If these are the kind of questions you find yourself asking as you drive through the City of Batavia, you may be the perfect person to fill an opening on the City’s Zoning Board of Appeals (ZBA).

The ZBA needs City residents who are curious about and interested in zoning regulations as it relates to buildings and structures.

The ZBA is responsible for hearing and determining appeals of refusals of building permits or certificates of occupancy when the denial is based on zoning requirements. The ZBA has the authority to change the application of the zoning regulations relating to buildings and structures and helps to address practical difficulties and unnecessary hardships to ensure proper zoning in the City.

The board meets once a month and requires a time commitment of approximately 12 hours per year of its volunteers. Residents interested in applying can obtain an application from the City Clerk’s Office or can visit our website at www.batavianewyork.com and download a Committee/Board Volunteer Application under Documents.

Applications are due to the City Clerk’s Office by Nov. 30.

If you have any questions or need additional information, please contact the City Clerk’s office at (585) 345-6305 or:

Office of the City Manager

One Batavia City Centre

Batavia, New York 14020

Phone:   (585) 345-6330

Fax:     (585) 343-8182

E-mail:   jmolino@batavianewyork.com

The Le Roy Village Board will meet at 7 p.m. on Nov. 18 and Dec. 16.

The board usually meets the second and fourth Wednesdays of each month, but traditionally reschedules its November and December meetings to avoid conflicts with the holidays.

It’s almost time to make the doughnuts.

Dunkin’ Donuts will open its newest restaurant at 125 W. Main St. at 5 a.m. Monday, said Joe Bochiechio, multi-unit manager for franchisee Cafua Management Company, LLC.

The restaurant is located at the site of the former Grove Motel, across from the Oatka Podmall. Town planners approved the project in October 2014, and construction has been under way since spring.

Bochiechio said his company has been pleased by the reception.

“It’s been great,” Bochiechio said. “People have been very anxious to have us.”

Twenty-five people have been hired so far — “pretty much all from the Le Roy area,” Bochiechio said — and the location will eventually employ 30.

Hours will be from 5 a.m. to 11 p.m. daily.

Dunkin’ Donuts has more than 11,300 restaurants worldwide. Methuen, Mass.-based Cafua Management Company is its largest privately owned franchisee, with more than 300 restaurants across the United States.

The company has ambitious plans for the Rochester region. Bochiechio said he has helped open seven or eight new restaurants since 2013, and new locations are planned for Warsaw and next year in Mount Morris.

“We’re continuing to grow,” Bochiechio said.

Members of Le Roy’s Botts Fiorito American Legion Post 576 gathered at 11 a.m. Wednesday to commemorate Veterans Day.

Commander Don Schafer led the annual ceremony at the Soldiers’ Monument in Trigon Park.

A prayer by Post Chaplain Gary Bassett, and readings by Schafer and Auxiliary President Roberta Graney were followed by a three-volley salute.

Graney and Regina Diskin, auxiliary past president, laid a wreath at the monument.

“Taps” was performed by bugler Sammy Austin, 13.

The timing of the Veterans Day service recalls the end of World War I. The Armistice with Germany took effect at the 11th hour on the 11th day of the 11th month of 1918.

Le Roy American Legion Auxiliary President Roberta Graney, right, and past president Regina Diskin placed a wreath at the Soldiers' Monument on Trigon Park during a Veterans Day service Wednesday.

A two-car accident with injuries is reported on Lewiston Road, Oakfield. Oakfield Fire Department and Mercy medic #1 are responding.

Karen Crittenden, owner of Karen's Yarn, Paper and Scissors, was the guest instructor tonight at the regular meeting of the Batavia Society of Artists at GO Art!. Crittenden's class tonight was a new art form known as Zentangle. Zentangle is described as an easy to learn method of creating beautiful images from repetitive patterns that is fun and relaxing. It was invented by Maria Thomas and Rick Roberts.

Kimberly Yasses Argenta has moved Art Ah La Carte from Harvester Avenue to Downtown Batavia, into a storefront on Jackson Street.

She moved the art studio and classroom space because she needed more space, she said, and she thought the location would give her better exposure.

"Already, people have come in off the street, so that's a good thing," Argenta said.

She also thought it would be beneficial to be part of the Business Improvement District and enjoy those promotional opportunities.

This Friday and Saturday she is hosting "Brush Out Cancer," an event to raise funds for the American Cancer Society.

Friday is an art show, vendors' auctions and a 50/50 raffle. On Saturday, from noon to 1:30 p.m., there is Kids Paint. The cost is $30 and pre-registration is required (call (585) 245-1655). And in the evening, starting at 6, Monet and Merlot, which costs $45 and includes refreshments, though if you want wine, you need to bring your own bottle. There will be a wine tasting. Saturday evening's event also includes auctions and a 50/50 raffle.

The fundraisers are in memory of Argenta's mother, Mickey Yasses, who passed away in December, 2013.

Jason Andrew Barnhart, 28, of Pratt Road, Batavia, is charged with criminal mischief, 3rd. Barnhart is accused of damaging the structure and contents of a mobile home owned by another person. He was jailed on $15,000 bail.

David J. Gaetan, 43 and Chrissy A. Gaetan, 40, of Ontario, Canada, are charged with trespass. The couple is accused of bypassing no trespassing signs at Rolling Hills Asylum and entering the property without permission. Following arraignment in Town of Bethany Court, each paid a fine of $250 and were released.

Jeffrey Marrero, 21, of Norwood Avenue, Rochester, is charged with trespass. Marrero is accused of being on private property on Kelsey Road, Batavia, at 6:35 p.m. Oct. 28. Also charged was Mitchell J. Louis, 22, of Lincoln Road, Ontario, Canada.

Erica Michelle Raphael, 30, of Walnut Street, Batavia, is charged with petit larceny. Raphael is accused of stealing merchandise valued at $44.98 from the Shoe Dept.

Jerry Lee Wagner, 64, of Route 31 Holley, is charged with DWI and driving with a BAC of .08 or greater. Wagner was stopped at 6:09 p.m. Sunday on Route 77, Darien, by Deputy Bradley Mazur.

Michael Paul Fitzpatrick Sr., 40, of Howlan Street, Fonda, is charged with possession of more than 400 untaxed cigarettes, unlawful possession of marijuana and dark/tinted side windows. Fitzpatrick was stopped at 11:43 a.m. Nov. 5 on Route 77, Pembroke, by Deputy Patrick Reeves.

Lorie Oliver and the Women of the Moose Chapter 370, Le Roy, presented Tammy Arneth, director of All Babies Cherished with a check for $475.00 this weekend. The chapter also presented Jeanne Walton, director of Genesee County YWCA with a check  for $475. The money was raised at their annual Harvest Dinner held in October.  

(Submitted photo and info.)

A Genesee County Sheriff's deputy and his dog helped law enforcement in Monroe County nab four burglary suspects yesterday morning who were thought to have broken into a house in Churchville and stolen two long guns and $5,000. 

Deputy Chris Erion and K-9 "Destro" were patrolling in Bergen along the county line after the report of the burglary in case the suspects came into Genesee County when a caller reported suspicious persons near the 7th hole of a golf course in Churchville.  

Destro pursued the suspects into the woods, Erion said, and tracked them until they exited the woods and surrendered to Monroe County deputies.

According to The Batavian's news partner 13WHAM, a homeowner called 9-1-1 about 11:30 a.m. to report four subjects in a house.

The suspects ransacked the entire home, ripping a U.S. Flag from its case and throwing it to the ground, 13WHAM reported.

Charged with second-degree burglary, third-degree grand larceny and fourth-degree grand larceny were 17-year-old Jordan McLin, 19-year-old Tyler Menke, 19-year-old Carman Stio, and 19-year-old Sean Seaman.

UPDATE: Statement released by the Monroe County Sheriff's Office:

On Monday, Nov. 9, around 11:30 a.m., deputies responded to a house on West Buffalo Street in Churchville for a burglary that had just occurred. The homeowner was returning home when he saw four suspects exit his house and run in a westerly direction.

One of the suspects was observed carrying a red backpack. The suspects ransacked the entire residence, removing a U.S. Flag from its case and throwing it to the ground. The homeowner is a U.S military veteran. Approximately $5,000 in valuable coins and money were stolen along with two long guns. Deputies immediately established a perimeter and Sheriff's K-9 arrived on scene. The suspects were tracked in a westerly direction.

A NY State Police helicopter assisted with the search. Because the search area was in close proximity to Churchville Elementary School, the school was temporarily placed in "locked out" status. After a final sweep of the area, the search was terminated.

Around 1:30 in the afternoon a citizen observed several suspicious individuals hiding in a wooded area near the #7 hole at Churchville Golf Course. Sheriff's deputies established a perimeter with the assistance of the New York State Police. Golf course employees offered golf carts to law enforcement to aid in the search.

The Genesee County Sheriff's K-9 responded to assist.

With a perimeter in place, the three suspects were pushed toward awaiting deputies and troopers and taken into custody. Jordan McLin, 17, Tyler Menke, 19, and 19-year-old Carman Stio, all of Greece, were arrested.

The suspects implicated a fourth individual, 19-year-old Sean Seaman, also of Greece. Seaman was arrested a short time later.

The four suspects were arraigned on charges of second-degree burglary, third-degree grand larceny and fourth-degree grand larceny. All four suspects were put in Monroe County Jail in lieu of $10,000 cash bail or $20,000 bond. Two back packs, one of them red, containing assorted coins and property were located near a trail by a barn.

The following morning deputies recovered the two long guns that were stolen from the residence. Two pellet pistols were also recovered along the K9 track.

Press release from Assemblyman Steve Hawley:

“We owe the men and women of the armed forces our sincere gratitude. Their courage and bravery have ensured that we remain a free nation and safe from threats, both foreign and domestic. As a veteran of the Ohio Army National Guard and U.S. Army Reserves, as well as the son of a veteran, I know the sacrifices and determination it takes to serve in our country’s military.

"The U.S. is the greatest military power the world has ever seen, and that honor is owed in large part to the brave servicemen and women who have sustained our freedom over the past 239 years.

“As Ranking Minority Member of the Assembly Veterans Affairs Committee, I have strived to give our veterans and active duty military members a voice in Albany. I beseech all my constituents and New Yorkers across the state to join me in celebrating Veterans Day on Wednesday by thanking a veteran and taking a moment to reflect on those who have perished while defending our freedoms.”

A school bus trailing thick black smoke is reported headed eastbound on Route 33 in the area of West Bergen Road. Bergen Fire Department is asked to respond.

UPDATE 3:27 p.m.: The bus has been located and has a "mechanical issue." The Bergen assignment is back in service.

Incumbent John Canale retained his Ward 3 City Council Seat and challenger Al McGinnis captured the Ward 4 seat after the last of the absentee ballots were tallied today.

Polling place and absentee ballots gave Canale a total of 123 votes ot 103 for Richard Richmond, and McGinnis had 180 votes compared to 143 for incumbent Pier Cipollone.

Downtown business owners, especially bar owners, want to see a change in the restrictions on overnight parking Downtown, Laurie Oltramari, new executive director of the Business Improvement District, told City Council members during Monday's meeting.

Oltramari spoke during the open public comments portion of the agenda.

She's asking that the city adjusts the parking law, which prohibits on-street parking and parking in public lots from 2 a.m. to 6 a.m., during the spring, summer and fall to allow bar patrons to leave their cars overnight if they decide that's the best option.

"The bar owners came to me because they felt their patrons are being penalized for leaving cars after drinking (at the bar)," Oltramari said. "When you have to make that choice between moving your car because you might get a ticket or leaving it when you're intoxicated or a little tipsy, you might make that wrong choice."

City Manager Jason Molino said he became aware of the request for the change for the first time when Oltramarie raised it during the meeting. He said with the city about to embark on a new comprehensive planning process, that process is the appropriate venue for addressing the issue.

"I think there is positives and negatives with it," Molino said. "It does create a maintenance issue at times. I really don't know if the restriction on overnight parking really does or doesn't create a problem. I mean, it's been in existence and I don't think it's prevented anything from happening."

One of the primary reasons for the restriction is to make snow removal easier during the winter, which is why Oltramari is asking for a seasonal adjustment, not a blanket, year-round change.

Oltramari presented a list of other small cities in Upstate New York and their various parking restrictions, many of which have seasonal parking laws, including Fulton, Geneva, Hornell (restricted overnight in the fall for leaf cleanup), North Tonawanda, Norwich, Ogdensburg, Olean (based on snowfall levels) and Rome.

Molino said he's spoken with many of his colleagues throughout the state about the issue and it's not that straightforward.

"They say, 'when you find a solution, let us know,' " Molino said.

As for going through the comprehensive plan process, Oltramari said something should be done sooner rather than later. 

"I think it can be addressed with the comprehensive plan, but that's a long process," Oltramari said. "Why would we want to wait for that when this is the right choice in the meantime?"

A months-long vacancy in the executive director position for the Batavia Housing Authority has been filled, Brooks Hawley announced during Monday's City Council meeting.

Nathan Varland, most recently the housing director for Community Action of Orleans & Genesee, has accepted the position.

Hawley said Varland was one of four candidates interviewed for the position and the board of directors were impressed with his qualifications.

Varland steps into the role while the board conducts an internal investigation into the death of a 91-year-old resident of 400 Towers, who apparently wandered onto the roof of the building and died of exposure. Batavia PD is still awaiting results of an autopsy report in the death of the resident, who may have suffered from mild dementia. 

Hawley, president of the City Council, also serves on the BHA Board.

Press release:

Genesee County STOP-DWI Coordinator Matt Landers announced today that the Genesee County Sheriff’s Department, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving.

On the night before Thanksgiving, friends and family reunite, celebrate, and kick off the holiday. However, it's also become known as "Blackout Wednesday," the start to a dangerous weekend, with more drunk drivers out on the road. Law enforcement officers across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives.

The statewide STOP-DWI Crackdown efforts start on Nov. 25th and will end on Nov. 29th. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

“Thanksgiving is a time when families travel, sometimes great distances, to be together” said Genesee County Undersheriff William Sheron. “It’s our intention to have extra patrols out to make our roads and highways as safe as possible during this holiday season.”

Research shows that high-visibility enforcement can reduce drunk driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem.

City of Batavia Police Chief Shawn Heubusch wants to remind drivers that, “Thanksgiving is a special time to spend with friends and family, make sure that you have a plan to get home safely. Our officers will be extra vigilant for impaired drivers this Thanksgiving season to ensure your safety.”

The STOP-DWI Thanksgiving Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the Governor’s Traffic Safety Committee and implemented by the STOP-DWI Foundation. Throughout the remainder of the year the Statewide STOP-DWI Crackdown Campaign will also target the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol- and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. It is significant to note that in 2012, 416 motorists died in traffic crashes during the Thanksgiving Holiday weekend, the highest toll of deaths for any holiday weekend period. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving. Have a safe and happy Thanksgiving Weekend!