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Law and Order: Woman accused of trespass and harassment

By Howard B. Owens

Sherri C. Butler, 54, of West Main Street, Batavia, is charged with harassment, 2nd, and trespass. Butler allegedly remained on a property at 5:18 p.m., Thursday, after the owner asked her to leave. She allegedly threatened the owner. Butler was jailed on $500 bail.

Andrew R. London, 22, of Goodrich Street, Albion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, driving in violation of a conditional license, and refusal to take breath test. London was stopped at 2:11 a.m. Monday on Pearl Street, Batavia, by Officer Eric Foels, for an alleged equipment violation. London was jailed on $5,000 bail.

Michael Patrick Murphy, 29, of Walnut Street, Batavia, is charged with criminal possession of a weapon, 3rd. Murphy was arrested after Officer James DeFreze observed a switchblade knife in his residence. Murphy was jailed without bail.

Photos: Batavia Society of Artists honors spring show winners

By Howard B. Owens

Linda Metcalf's painting "Hussies" was honored with the Best in Show ribbon in the 2014 Batavia Society of Artists Art Show at the Richmond Memorial Library.

Metcalf arrived at the reception this evening surprised to learn she won.

The show runs through May 28.

First place went to Kevin Feary ("End of the Season"), second to Terry Weber ("Poppy's Garden") and third to Dennis Woods ("Cosomos in Cosmos"). Honorable mentions: Carole LaValley, Kathryn Roblee and Maidul Kahn. Metcalf and Wood also received honorable mentions for their paintings "Finally Spring" and "Fancher Fill-Up."

Katherine Clark, pictured with Peter Mumford, won the Virginia Carr Mumford Award. Clark attends GCC and plans to pursue a career in art.

Terry Weber

Landmark Society announced annual architectural drawing contest winners

By Howard B. Owens

Press release:

The Landmark Society of Genesee County announces the winners of the Society's 2014 Fourth Grade Architectural Drawing Contest.

The Awards Ceremony was held Wednesday night (May 7) at the Richmond Memorial Library in Batavia. Fourth-grade students from Elba Central School, Byron-Bergen Central School, and John Kennedy School participated.

This year's award winners are (pictured from left):

-- First Place – Elli Schelemanow from Byron-Bergen.
-- Second Place – Laci Sewar from Elba.
-- Third Place – Logan Pocock from Byron-Bergen.

The first-place winner received $50, a framed certificate, and a signed copy of The Architectural Digest of Genesee County.

The second- and third-place winners received $25, a framed certificated, and a signed copy of The Architectural Digest of Genesee County

Honorable Mention awards from John Kennedy include: Noah Dellcamp, Claire Taylor, Katherine Spiotta, Gavin Konieczny, and Devin Harmon.

Honorable Mention awards from Elba include: CJ Gottler, Adrianna Long, Caden Muehlig, and Selena Franco.

Honorable Mention awards from Byron-Bergen include: Emil Robinson, Meghan Kendall, and Corden Zimmerman.

The contest was coordinated by Stephanie Rudman, Elba Central School art teacher, with assistance from Melissa Coniglio, Byron-Bergen School art teacher. The contest was judged by Lorie Longhany, a former art teacher with Holy Family School in Le Roy, and a local artist specializing in architectural renderings.

Photos by Howard Owens

Winter storms caused flooding and property damage for Bethany homeowner on fixed income

By Howard B. Owens

Jerald Shea would sure like the Town of Bethany to do something about the way his property floods and the damage flooding did to his house this winter.

To the degree the town has a position on the issue, it's that the problem wasn't created by the town.

Shea bought his house at the corner of Bethany Center Road and Paradise Road four years ago.

A retired truck driver, he suffered back and neck injuries when his truck was rear-ended while he was driving through North Carolina a few years ago. He was living in a retirement home in Oakfield when he was awarded custody of his teenage granddaughter (since moved from his house), so he used his insurance settlement money and bought the house in Bethany.

What he didn't know or didn't notice was that his property is lower than the parcel on the south side of Paradise Road. That parcel is a bit of a swamp and there's a small culvert under Paradise Road that drains the swamp into Shea's back yard.

He wasn't happy when he figured that out and asked the town for help, but it wasn't a big issue until this winter when frozen ground topped with heavy precipitation caused his yard to fill with two or three feet of water.

The cement foundation of his house raised two or three inches, causing some damage to the building (no known structural damage).  

"I've always had problems with this, but I could live with it," Shea said. "If I had to flush the toilet, I could just use a pail of water if I had to, but now, (geez), I'm telling you. It seems like nobody (cares) because every time I talk to anybody all I get is I'm not going to get involved because of politics. What the hell is so big about this town that they've got to be afraid of politics?"

There's evidence of the exterior of the house being damaged along the north exterior wall, with faux brick popping off in places. The paneling in a back room has warped and some of it has popped off, exposing framing and insulation. His septic system is damaged, he said, and muddy, dirty water backs up into his bathtub.

Shea always had problems with his yard filling with water, but his house was largely undamaged from flooding until this winter.

The town is in a bit of a transition right now. Supervisor Louis Gayton died April 14 and that has left things a bit unsettled.

In fact, Shea believes Gayton promised him two days before he died that the town would fill in his back yard and make it less susceptible to flooding. 

Town Highway Superintendent Paul Fleming said he doesn't see the town giving Shea dirt and rock for his yard. That just isn't something towns do.

As far as Fleming knows, the culvert under Paradise Road has been there for 50 years, and probably a lot longer. 

The problems Shea is having with his property aren't from "anything abnormal the town did," Fleming said.

Fleming said years ago the property wasn't residential. It was a mechanic's shop. Some of the structures on the property could be more than 100 years old.

In our short talk today, he wasn't really sure what if anything the town should or could do for Shea.

Shea said he's on fixed income -- $1,000 a month -- and though his home is paid for, he doesn't have the means to move or fix the damage that's been done.

"I didn't know about this when I bought the house or things would have been very different," Shea said.

When the foundation of the house rose, the siding of the house pushed down on a pair of yard tools Shea had leaning against the house, causing small indents in the siding.

Photo provided Jerald Shea he took in February showing a portion of his back yard flooded.

Car strikes pole on West Main Road, Le Roy, no injuries but pole, wires down

By Billie Owens

A car struck a pole at 7115 W. Main Road in Le Roy. There are reportedly no injuries, but a pole and wires are down. Le Roy Fire Department is responding. Law enforcement is on scene and National Grid is called to respond as well.

UPDATE 6:22 p.m.: The location is in front of Upstate Farms Cooperative, Inc. Fire command requests Le Roy ambulance to respond, non-emergency, to evaluate the male driver.

UPDATE: Photo submitted by Kim Antinore.

Local Landmark: The Machpelah Chapel in Le Roy

By Howard B. Owens

Village of Le Roy resident Ryan Crossett sent in these pictures on this information on the Machpelah Chapel in the Machpelah Cemetery on North Street, and it's pretty interesting.

The chapel was designed by architect Robert Fayfield of Buffalo and was built in 1910-11 of local stone by masons Charles Sherman and Ray Peck. The total cost was $5,126.75

It was renovated in 1950 through a gift from Helen Woodward Rivas.

Further renovations were made in 1953 through a gift by Rev. Raymond Calkins in memory of his wife’s family, the Lathrops. A stained-glass window was installed in the west wall at that time

The present stained-glass window was installed in 1959 by Rev. Calkins because he was displeased with the previous window. This window was crafted by the Willet Stained Glass Studio in Philadelphia, and is known as the “Lathop Window.”

The theme of the window is taken from the Gospel of Matthew 28:1-6, and the description is as follows:

“It represents Christ’s victory over death, bearing aloft the banner of the Church Triumphant. His tri-radiant nimbus signifies His Divinity, and the rayed vesica His glory. The two guards are turned away in wonder and awe at the miracle.”

The Chapel seats 60 and is available for religious ceremonies such as weddings and funerals.

The Chapel is maintained by a bequest from Rev. Raymond Calkins. Recent projects have included: painting of window frames and doors; repairs to the slate roof; painting of masonry walls and parts of the foundation; replacement of the ceiling fan; repairs to the chimney; replacement of the north roof soffit; and replacement of the front door frame.

City denies request for public records related to unintended discharge of officer's firearm

By Howard B. Owens

The City of Batavia has denied The Batavian's request for the incident reports and possible video related to an unintended discharge of a weapon by a Batavia police officer last month.

From City Clerk Heidi Parker, the city's Freedom of Information Law Officer:

Your request for the incident report, witness statements and video, if any, has been denied after discussion with Bob Freeman from the Committee on Open Government based on NYS Civil Rights Law section 50-a since the incident in question is part of the officer’s training and evaluation process to continue employment with the City. The incident report specifically is denied based on unwarranted invasion of personal privacy.

The Batavian has taken the next step in the process for demanding disclosure of public documents and filed an appeal with City Manager Jason Molino.

To say that routine incident reports are used in officer evaluation would essentially make all police documents related to incidents confidential. Even routine arrests would be hidden from the public. That's clearly not the intent of the legislature.

Numerous sources have provided information to The Batavian indicating that there is more to this incident than Chief Shawn Heubusch is disclosing. 

UPDATE Friday, 4:50 p.m.: We received a letter from Jason Molino informing The Batavian that he is partially granting our appeal.  The incident report will be released after personal information has been redacted. Up to five business days. He's denying the request for "Special Reports" and "Police Training Reports" (we didn't specifically request those documents, because we didn't know the names of the documents, but they could be generally construed as covered by our request).  Molino said those documents are expect from disclosure under Civil Service Law 50-a.  He provided copies of the complete redacted reports, with only the memo heads remaining.  Since these reports appear to have been generated in conjunction with an internal investigation, it's likely these documents would be considered "used to evaluate performance toward continued employment or promotion." 

Previously: Accidental weapon discharge leads to internal police investigation

UMMC and GC War Memorial Committee hold special dedication ceremony for veterans memorial

By Billie Owens

Press release:

United Memorial Medical Center and the Genesee County War Memorial Committee will hold a special dedication ceremony for the Genesee County Veterans’ Memorial at 11 a.m. on Saturday, May 17, at the Jerome Center, 16 Bank St., Batavia.

In the early 1950’s Genesee Memorial Hospital was designated as the Genesee County War Memorial for wars fought in the 20th Century. A monument was placed near the entrance of hospital at 127 North St. that listed all the names of the men and women from Genesee County who died in service to their country during the two World Wars. Plaques for the Korean and Vietnam Wars were subsequently added to the monument.

The expansion and renovation of the hospital at North Street from 2009-2010, required moving the original 1950’s monument to a new location on the campus. The monument was disassembled and the white metal and aluminum plaques were carefully stored. The stone, made of a composite material, could not be salvaged due to extensive damage from the elements.

Hospital administrators met with representatives from Genesee County Veterans groups to discuss the condition of the monument and where to place it following the completion of construction. During this time, observances for Memorial and Veterans’ Days were moved to the Bank Street Campus. Centrally located Downtown, and out of the way of traffic and construction, attendance at the services on Bank Street increased substantially.

The War Memorial Committee, made up of veterans, requested that the new monument be placed at the Bank Street campus. United Memorial, honored to serve as the Genesee County War Memorial, agreed to the new location at the corner of Bank and Main streets. The Hospital also pledged to give funds, originally allocated for moving the monument during the construction project, to the committee to be used toward the new monument.

In November 2011, the veterans held a special ceremony to inter the original plaques in a vault below where the new monument was to be constructed. There is an engraved granite marker identifying its location at the site. To raise the additional funds necessary for the monument, the veterans solicited for donations and sold granite pavers that could be engraved with any veteran’s name, rank and military branch. The pavers will be permanently placed near the monument when the site work and landscaping are completed following the dedication. This will mark the culmination of a nearly five-year-long project to replace the original monument.

The public is welcome and encouraged to attend the dedication ceremony on May 17th. Following the ceremony, there will be a reception with light refreshments.

Highway superintendents statewide dealing with aging roadways and infrastructure

By Howard B. Owens

County Highway Superintendent Tim Hens sent over this picture from a roadway in Montgomery County (near Utica), saying, "it could have been worse" -- a comparison to the dramatic sinkhole incident in Byron last month.

The state's county highway superintendents are concerned about these issues and are lobbying Albany for funding to deal with aging roadways and infrastructure. Hens is currently president of the NYS County Highway Superintendents Association.

Hens also said the culvert on Byron Road has been replaced, backfilling is nearly complete and if there's dry weather tomorrow the road could reopen by the afternoon.

UPDATE 4:06 p.m.: More from Tim Hens:

Specifically we are trying to get the state to commit to a State Aid to Local Bridge and Culvert Program that would help counties repair the large number of aged and deteriorated culverts between 5 foot and 20 foot in span. The culvert that collapsed in Montgomery County is a prime example of the size of the culvert we are trying to get funded.
 
We have approximately 184 culverts of this size--many were built after WWII and are in need of replacement. Some are very large -- we have one on Linden Road in Bethany in the hamlet of Linden that is 19 feet 9 inches in span. It falls short of meeting federal requirements by 3 inches! It is a very large concrete arch bridge (very cool looking are actually if you are out photo hunting). It will cost at least a $1 million to replace and it will all be on the county as it does not qualify for aid. That is a big chunk for the county to finance on its own for a small bridge in a very rural area.

What're you lookin' at?

By Billie Owens

Reader Patti Williams sent in this picture of an owl that her son, Andrew Williams, took while he was out turkey hunting. She says her son, who lives in Byron, saw the owl several times, then was able to get close enough to take this photo.

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Three-car crash on eastbound Thruway, minor injuries, Le Roy responding

By Billie Owens

A three-car accident with one person suffering minor facial and leg injuries is reported on the eastbound Thruway at mile marker 383.3. Le Roy fire and ambulance are responding along with mutual aid from Mercy Medics.

UPDATE 3:03 p.m.: Le Roy medics are en route to Strong Memorial Hospital. A second patient complained of back and neck pain and was also transported to a hospital. The Le Roy assignment is back in service.

GC 4H Swine Club holds pulled pork fundraiser Saturday at the fairgrounds

By Billie Owens

Press release:

This Saturday, May 10, the Genesee County 4H Swine Club will be holding its 2nd Annual Pulled Pork Fundraiser from 11 a.m. to 3 p.m. Tickets are $10 and walk-ins are welcome. It is eat in or take out. The dinner includes pulled pork, potatoes, cole slaw, baked beans, dessert and beverage. It is at the Genesee County Fairgrounds, in the Kennedy Building.

Tim Adams and Heather Weber are heading up this fundraising effort. With Tim being named Genesean of the Year, the Genesee County 4H has recieved great publicity this year, which was well needed and we hope to continue that. Last year, this was the biggest fundraiser in Genesee County 4H history.

This is truly a great fundraiser for these kids. It teaches them team work, accountability, responsibility and most importantly it gets them involved with the community. Our business community has been great to us to for this event as well. More than 20 local businesses donated various items for this event.

They include: Java Farm Supply; Lawley Genesee Insurance; Empire Tractor; D.J. Custom Meat Cutting; Red Osier Landmark Restaurant; Adams Welding and Fabrication; Scott Adams Trucking; Save-a-Lot; Batavia Restaurant Supply; Target; Eastown Beverage; S.J. Starowitz Farm; Oak Ridge Farm; Josh and Heather Weber; Sweet Pea's Cupcakery Cafe; Sweet Endings Bakery; Sweet Ecstasy Bakery & Bistro; Agri-Fab; Bimbo Bakery Outlet; Farm Credit East; H.L.W. Acres; and many more individuals and businesses.

Without the help and support of these businesses and our community, great organizations like 4H would not be as successful as they are.

Single-game Muckdogs tickets go on sale Monday

By Billie Owens

Press release:

Single-game tickets for all 2014 Muckdogs’ home games at Dwyer Stadium go on sale Monday, May 12 beginning at 9 a.m. at the Dwyer Stadium Box Office or over the phone by calling (585) 343-5454. Normal box office hours are 9 a.m. to 5 p.m. Monday-Friday.

The same great, affordable ticket prices are back again in 2014. Tickets range from $7.50 for box seats to just $6.50 for adult General Admission tickets and $5.50 for kids and senior General Admission tickets.

During the season, the ticket office opens on game days at 9 a.m. Monday-Friday and closes at the end of the fifth inning. On Saturday and Sunday, the ticket office will open at 10 a.m. and close after the fifth inning.

Season tickets, coupon books, ticket packages, and group tickets are on sale now.

For more information, visit Muckdogs.com or call (585)343-5454 and press zero, Monday through Friday from 9 a.m. to 5 p.m.

The Muckdogs open their 2014 home schedule on Saturday, June 14 vs. the Auburn Doubledays at 7:05 p.m. The annual Independence Day celebration is on July 3rd this year.

In addition to their Pinckney Division rivals, the Muckdogs will welcome the New York Yankees (Staten Island), Boston Red Sox (Lowell), New York Mets (Brooklyn) and the Detroit Tigers (Connecticut) farm teams to Dwyer Stadium in 2014.

Photos: House demolition on West Main Street

By Howard B. Owens

A demolition crew spent the morning tearing down the second house on West Main Street next to Castilone Chyrstler Dodge to make room for the dealership's expansion. Rather than move out of the city, the owners Steve Castilone and Greg Strauss decided to remodel their existing showroom and expand on West Main.

Law and Order: Batavia teenager accused of rape in the first degree

By Howard B. Owens

Joseph A. Saraceni, 17, of Linwood Avenue, Batavia, is charged with first-degree rape, a Class B felony. Saraceni was arrested by Batavia PD following an investigation by Det. Charles Dudek and Det. Thad Mart in an alleged incident reported Nov. 11 on School Street, Batavia. No further details released.

Lance Mercado, 23, of Holland Avenue, Batavia, is charged with operating a motor vehicle impaired by drugs. Mercardo was arrested after Batavia PD received a reported of a possible intoxicated driver in the parking lot of McDonald's at 1:18 a.m., Tuesday. Mercardo was arrested by Officer Matthew Lutey.

Eric J. Davis, 36, of Corfu, is charged with criminal contempt, 2nd. Davis was arrested by State Police for an alleged incident reported at 6:52 p.m. Tuesday on Drake Street, Oakfield. No further details released.

Timothy M. Gardiner, 38, and Maria A. Gardiner, 48, both of Scottsville, are charged with criminal possession of stolen property, 3rd. Timothy and Maria were arrested by State Police in connection with an alleged incident reported at 9:39 a.m. Feb. 16 in the Town of Bergen. No further details released.

Heidi H. Stumbo, 48, of Lima, is charged with petit larceny. Stumbo was arrested by the State Police on the Tonawanda Indian Reservation. The alleged theft was reported at 1:04 p.m., Monday. No further details released.

Car and truck accident with minor injuries reported on the Thruway in Le Roy

By Howard B. Owens

A tractor-trailer has reportedly rolled over in the westbound Thruway in the area of mile marker 380.8 in an accident that also involved a car.

Minor injuries are reported.

The trailer is reportedly a flatbed hauling some sort of equipment. No leaks or fire reported.

A first responder reports a truck on its side and a car off the road.

Le Roy fire and Le Roy ambulance responding.

UPDATE 6:34 a.m.: Mercy EMS requested to the scene. Multiple people reportedly injured. Three people were in the car. The injuries are reportedly minor.

UPDATE 7:05 a.m.: An ambulance is transporting to Strong Memorial Hospital.

Rae Frank named director of Independent Living of Genesee Region

By Howard B. Owens

Press release:

Rae Frank was named director of Independent Living of Genesee Region (ILGR). She brings 15 years of experience in human services management, including leadership roles with nonprofit agencies in Buffalo, Warsaw, and Perry.

Frank has an MFA degree in Electronic Communications from SUNY at Brockport and a BA degree in Media Studies from SUNY at Buffalo.

She resides in Gainesville with her husband and three children.

Frank becomes the second director of ILGR, a part of the Western New York Independent Living, Inc., family of agencies. For more than four years, the agency has offered individuals of the Genesee Region (Orleans, Genesee and Wyoming counties) four core services including information and referral, peer counseling, independent living skills training, and individual and community advocacy, through empowerment, education and equality for all, regardless of disability.

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