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Law and Order: Akron man accused of hitting another person with baseball bat, causing serious injuries

By Howard B. Owens
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      Ismael Laffosse

Ismael L. Laffosse, 31, Fisk Road, Akron, is charged with second-degree attempted assault, second-degree menacing, third-degree criminal mischief, and criminal possession of a weapon, 4th. Laffosse is accused of striking another person with a baseball bat and damaging that person's personal property. The incident was reported at 6:54 p.m., Jan. 29, at a location on Apollo Drive, Batavia. The victim suffered serious injuries but has been released from the hospital.

Armando L. Carrion-Rojas, 23, of McCall Road, Greece, is charged with criminal mischief. Carrion-Rojas is accused of breaking the driver's side mirror of his girlfriend's car at 1:50 p.m. Monday at a location in Le Roy, and of damaging a residence door after his girlfriend locked him outside the residence. He was jailed on $500 bail or $4,000 bond.

Derek James Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd. Wert allegedly contacted by electronic means a person he was ordered by a judge not to contact. Wert was jailed on $1,000 bail.

Ronald F. Ratulowski, 44, of Eleanor Place, Batavia, is charged with third-degree assault. Ratulowski was arrested on a warrant. The original incident was reported at 11 p.m. Sept. 10 at a location on Eleanor Place. No further details released.

Bonnie L. Cortright, 30, West Main Street, Batavia, was arrested on two City Court warrants. The reason for the warrants was not released. She was released on her own recognizance.

Kevin Andrew Rivera, 23, of Batavia Stafford Townline Road, Batavia, is charged with third-degree criminal mischief. Rivera allegedly broke the window of a College Village dorm room at 10:56 p.m. Monday.

Nicholas Gerald Schafer, 19, of Broadway Road, Darien, is charged with DWI, driving while impaired by drugs, driving while ability impaired by the combined influence of drugs and alcohol, and parking violation on a highway. Deputy Kyle Krzemien was dispatched at 4:17 p.m. June 30 to Batavia Elba Townline Road, Elba, to investigate a complaint of a subject passed out in a vehicle. Following an investigation, Schafer was charged.

Jeremiah D. Williams, 26, of Batavia, was arrested by State Police following a revocation of parole. He was ordered held in jail.

An 18-year-old resident of Batavia is charged with petit larceny. The defendant was arrested on Goade Park. The incident was reported at 6:17 p.m. Monday in Kendall. The arrest was made by State Police at 6:10 a.m. Tuesday. No further details released.

Katrina P. Giummo, 29, of Corfu, is charged with petit larceny. Giummo is accused of a theft reported in Corfu at 1:18 p.m. Monday. She was arrested by State Police. No further details released.

Photo: Environmental contamination investigation at former Santy Tire property

By Howard B. Owens

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Yesterday afternoon, consultants and an investigator from the Department of Environmental Conservation were at the former Santy Tire property, an anticipated part of the Ellicott Station project, digging test pits to further define the severity and scope of environmental contamination on the property.

There is a pending application for the property for a brownfield tax credit -- one has already been granted for the Della Penna property -- for the parcel. The DEC asked for more evidence of environmental contamination.

Weather cancellations for Wednesday

By Howard B. Owens

We've been notified of the following cancellations:

  • All after-school and evening activities in the Batavia City School District.

Please send notices to howard@thebatavian.com

Car accident reported on Thruway near Kelsey Road

By Howard B. Owens

A car has reportedly gone of the roadway and into the woods in the area of mile marker 393.0 in the eastbound lane of the Thruway. 

Unknown injuries. 

The location is in the area of Kelsey Road. 

Town of Batavia Fire and Mercy EMS dispatched. 

UPDATE 9:07 a.m.: No injuries. No damage to vehicle. Town assignment back in service. 

Collins denounces state's effort to overturn Trump decision on waters rule

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today denounced actions by New York State Attorney General Eric Schneiderman to bring a lawsuit against the Trump Administration’s decision to either rescind or revise the Waters of The United States (WOTUS) rule imposed by the Environmental Protection Agency (EPA) under President Obama.

In 2015, the Obama Administration finalized their WOTUS rule giving the EPA and U.S. Army Corps of Engineers (USACE) expanded jurisdiction over bodies of water including farm ponds, storm drains, and wetlands. The Obama rule, if implemented, would have increased permitting costs, lead to unnecessary litigation, and pile on red tape for anything from a construction site to a farm.  Adoption of the flawed WOTUS rule will have disastrous effects on agriculture, small business, and municipalities across the country. 

Realizing how devastating the Obama edict would be to local farmers and communities, President Trump signed an executive order in February 2017 to roll back the WOTUS rule. The Trump executive order instructed the EPA and USACE to begin the process of withdrawing the Obama rule with the EPA filing paperwork to suspend the rule for two years while they work to replace it.

“Yet again we are seeing Attorney General Eric Schneiderman catering to the liberal left and disregarding anything that is good for Western New York,” Collins said. “He continues to meddle with federal policy by supporting an Obama rule that would create confusion, increase costs, and place huge burdens on our nation’s farms, state governments, manufacturers, and just about any type of business resulting in detrimental economic impacts.”

Collins has been a vocal advocate for withdrawing and rewriting the Obama WOTUS rule since he was elected to Congress, something that has received strong bipartisan support in the House of Representatives. Implementing Obama's rule would contradict two Supreme Court decisions, as well as many state and tribal water laws. 

Collins added: “It is ironic that as we are heading into an election year, we are seeing more and more frivolous lawsuits from the Cuomo Administration and his left-wing allies. It is sad that instead of figuring out how to cut New York’s bloated budget and protect New York property owners and businesses, Cuomo and Schneiderman continue their never-ending effort to score political points at the cost of our State’s economy and the taxpayers who pay the bills.”

Hawley vows continued fight for middle class

By Howard B. Owens

Press release:

“This week continues state leader’s assault on law-abiding, middle-class families. Last night was free college tuition for illegal aliens pushed by New York City liberals – a $27 million expense on the backs of taxpayers.

“Last week, Gov. Cuomo’s administration rolled out free tablets for prison inmates, - a luxury we should be working to provide for school children and libraries before convicts.

“While downstate liberal elites are fighting for convicts and illegals, I’ll be fighting even harder for the middle-class. These are the hardworking men and women we should be working to protect, not illegal aliens and criminals.”

 

Photo Tour: Owners of Eli Fish Brewing pushing for March 1 opening

By Howard B. Owens

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Eli Fish Brewing Company, in the Newberry's building downtown, might be less than a month away from opening.

Co-owner Matt Gray said construction is done. Now it's just a matter of waiting for the delivery of the rest of the furniture and kitchen wares.

Starting today, four managers are working full-time at the restaurant and brewery. Next week, there will be an open interview period for potential staff members.

Gray said his partner, Jon Mager, should be able to start brewing beer next week, which is one of the big decisions because it will take four weeks for the first batch to be ready to serve.

"Which puts us in a real bind," Gray said. "Do we open on March 1 or do we wait another three weeks so we have our own beer on tap?"

The target date for the FreshLab winners to open their food booths is April 1. The winners have not yet been announced.

There are four apartments on the second floor just about ready for occupants. The rental rates will be from $850 to $950 for the one-bedrooms and $1,250 for the two-bedroom apartment (which features a large living room and dining area and a large master suite with a dual-head shower).

There's space on the third floor for three apartments. One will be either two or three bedrooms and possibly a balcony/deck in the back of the building. The Newberry building is one of the projects under consideration for a Downtown Revitalization Initiative prize and if selected, the money will be used to finish these apartments as well as a patio/seating area at the back of the restaurant in Jackson Square.

"I'm excited," Gray said. "Jon is excited. I've just got to get it open. Not only has it been a long time and a big project, we're pushing it. Our staff is ready to go. We're ready to go. We need to start changing the flow of cash."

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Possible serious injury accident reported on Route 98 in Alexander

By Howard B. Owens

A motor-vehicle accident with possible serious injuries is reported in the area of 11128 Alexander Road, Alexander.

The location is near Stroh Road.

Mercy Flight out of Buffalo is being put on in-air standby.

Alexander fire and ambulance and Mercy EMS dispatched.

UPDATE 12:03 p.m.: One patient, leg and back injury. The other driver out of vehicle and walking. Road is completely blocked.

UPDATE 12:10 p.m.: Injuries not believed to be serious. Mercy Flight can stand down.

UPDATE 12:31 p.m.: Alexander 10 is transporting one patient to UMMC.

UPDATE 1:15 p.m.: The patient is an 18-year-old female driver who was seat-belted and complained of left and right leg shin pain and back pain.

Law and Order: Batavia man accused of ignoring Grand Jury summons

By Howard B. Owens

Triton A. Drock, 23, of Buell Street, Batavia, is charged with criminal contempt, 2nd. Drock is accused of failing to be a witness in a Grand Jury hearing after being legally summoned. Drock was jailed on $2,500 bail.

A 17-year-old resident of Batavia was arrested on a warrant. The reason for the warrant was not released. The 17-year-old was jailed on $5,000 bail.

Shannon L. Klinkbeil-Heyday, 41, of Liberty Street, Batavia, is charged with petit larceny and falsifying business records. Klinkbeil-Heyday is accused of making fraudulent returns and keeping the refund money.

Christopher S. Bump, 23, of Briarwood Drive, Batavia, was arrested on a warrant. The reason for the warrant was not released. Bump was ordered held in the Genesee County Jail.

Torrence C. Greene, 27, of Wearing Road, Rochester, is charged with two counts of criminal possession of a controlled substance, 3rd. Greene was arrested at 1:09 p.m. Friday following a police response by officers James Prusak and Frank Klimjack to a report of a disturbance on Walnut Street. Greene is accused of possession of a narcotic with the intent to sell. He was jailed without bail.

Joseph Thomas Misiak Jr., 62, of Pratt Road, Batavia, is charged with aggravated harassment, 2nd. Misiak is accused of threatening a member of the Genesee County Sheriff's Office in a voicemail.

Jacob John Bukowski, 30, of East Park Street, Albion, is charged with unlawful possession of marijuana. Bukowski was allegedly found in possession of marijuana in the Town of Alabama at 3:30 p.m. Saturday by Deputy Kevin Forsyth.

Stephen Michael Milroy, 23, of Creek Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right, and failure to notify DMV of change of address. Milroy was stopped at 12:48 a.m. Saturday on Route 20, Alexander, by Deputy Erik Andre.

Michelle Amber Condidorio, 36, of South Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, and moving from lane unsafely. Condidorio was stopped at 2:01 a.m. Saturday on Telephone Road, Alexander, by Deputy Andrew Mullen.

Richard JM Button, 27, of Heritage Estates Street, Albion, is charged with unlawful possession of marijuana. Button was allegedly found in possession of marijuana and paraphernalia during a traffic stop at 4:48 p.m. Thursday on Judge Road, Alabama, by Deputy Austin Heberlein.

Jennifer Sue Davis, 38, of Webber Avenue, Oakfield, is charged with DWI, speed not reasonable and prudent, and uninspected motor vehicle. Davis was charged following an investigation into an accident reported at 8:52 p.m. Thursday on Downey Road, Batavia, by Deputy Austin Heberlein.

Gabriel A. Tapia, 19, of Woodhaven, is charged with unlawful possession of marijuana. Tapia was charged by State Police after allegedly being found in possession of marijuana at College Village at 11:16 a.m. Saturday.

Jacqueline M. Kobee, 28, of Buffalo, is charged with possession of controlled substance not in original container, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and aggravated unlicensed operation. Kobee was stopped at 1:54 p.m. Saturday on Route 77 in Pembroke by State Police.

An 18-year-old resident of Batavia is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana at 9:58 p.m., Saturday, at College Village, by State Police.

Michael T. Morasco, of Batavia, is charged with driving while impaired by drugs and moving from lane unsafely. Morasco was stopped at 11:52 a.m. Friday on Route 63 in Pavilion by State Police.

Town of Batavia fire celebrates 70th anniversary at annual dinner

By Howard B. Owens

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Town of Batavia Volunteer Fire Department's annual awards and installation dinner marked its 70th anniversary and Earl Dorman, an original 1948 member of the department, was honored with a Service Award.

Also receiving a Service Award was Renee Long.

Joshua Boyle was named Firefighter of the Year and Top Responder.

Gary Diegelman received the President's Award.

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Boyle receiving Top Responder award from Chief Dan Coffey and Corporate VP Nate Fix.

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Coffey and Boyle, Firefighter of the Year and Top Responder.

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Gary Diegelman received the President's Award, with Coffey, Fix, and Corporate President Scott Garlock.

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Joyce Diegelman was recognized for her 65 years of serving the department.

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Photos: 4-H makes Valentine cards for veterans

By Howard B. Owens

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Genesee County 4-H hosted a Valentine-making workshop today at JOANN Fabric and Craft Store in Batavia. Children who participated made Valentine cards to distribute to local veterans.

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Photos: Skating under the lights at DeWitt

By Howard B. Owens

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About a dozen kids showed up over the course of the evening for skating under the lights at DeWitt Recreation Area last night. The Batavia Kiwanis Club served free hot cocoa.

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Two-car accident reported at Main and Bank

By Howard B. Owens

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A motor-vehicle accident is reported at Main and Bank streets, Batavia, believed to be with injuries.

City fire and Mercy EMS dispatched.

UPDATE 10:15 a.m.: No injuries. 

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Rollover accident after car strikes deer reported on Bloomingdale Road

By Howard B. Owens

A car has reportedly rolled over after striking a deer in the area of 653 Bloomingdale Road, Basom.

It's believed injuries are minor.

A chief reports on scene one vehicle on its side in a ditch.

Alabama fire and Mercy EMS dispatched.

UPDATE 9:21 p.m.: Alabama command reports no injuries at this time.

Country Max owner says decision to close Batavia location a difficult one

By Howard B. Owens

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Country Max, the pet and garden supply store at 610 E. Main St., is closing with the last day of business planned for Valentine's Day, Feb. 14.

None of the regional chain's other 15 stores are closing.

Owner Don Payne said employees of the Batavia store are being offered jobs in either Geneseo or Brockport.

"We had entered that location more than seven years ago with a great deal of optimism but it has just not worked out," Payne said.
"We just have not been able to bring the stores business along far enough to make it even cover the costs."

The decision to close the store, he said, wasn't easy.

"We certainly leave the area with a heavy heart and wish to thank all of the people that have shopped at our store over the years," Payne said.

Committee reviewing applications for DRI prize money seeks more information on some projects

By Howard B. Owens

The planning committee for the Downtown Revitalization Initiative will ask project leaders from seven project applications to make a presentation about their project at a future committee meeting, committee members decided during a meeting at City Hall this morning.

The projects are: 

  • Carr's Reborn
  • Ellicott Place
  • Theater 56
  • Healthy Living Corridor
  • Healthy Living Center
  • BID marketing/branding
  • Public Market
  • GO Art!

The committee is either looking for more information, to clarify other funding sources, to ask if the amount of DRI funding for the project could be reduced, or just to better understand the projects.

The DRI is a $10 million prize received by the City of Batavia from the state to help fund a variety of downtown projects intended to increase traffic and business in the city's primary business and cultural center.

Several other projects, the committee felt, were complete applications already and no additional information is required, such as Ellicott Station, Newberry Place, Jackson Square, renovations to the second floor of 206 E. Main St., and the Masonic Temple Building.

Six other projects were selected for a group submission; however, the applicants will need to go through a process similar to the state's Main Street Program, which provides funding at 75 percent of the project's total cost. Those projects include building renovation to 39-43 Ellicott St., Borrell Gym, facade work for 214 and 216 E. Main St., and Batavia Showtime.

This morning's conversation included some concern about some of the projects under consideration. 

Committee Co-Chairman Eugene Jankowski said he's hearing objections from local residents to using DRI prize money for the Healthy Living Center, which is a nonprofit, tax-exempt project. He said people felt the project backers, UMMC and the YMCA, being nonprofits, have other funding avenues not open to local business owners competing for DRI money. City Church Pastor Marty Macdonald shared the same concern and it was his perception that the project was well underway before the DRI award was made to the city.

Co-Chairman Steve Hyde said he was part of the project in its early stages -- he resigned after being selected for the DRI committee -- and he said organizers knew the city was applying for the DRI prize and that the potential of the grant was always part of the potential financing plan for the center.

There is also concern that the project is seeking $5 million, or half of the $10 million pie.  

Similar concerns were raised about the $3 million for the mall and $5 million for renovations to Ellicott Street (a median, plus pedestrian and bike paths).

Committee member John Riter expressed concern that both of these projects aren't far enough along and aren't able to provide the committee with enough information.

Hyde said the Genesee County Economic Development Center is taking a lead role in the revitalization of the mall and suggested that perhaps the mall should be included with a $1 million request to provide some start-up funds for the potential $30 million project. He said there is a developer interested but there needs to be some preliminary work done.

The committee appeared willing to consider that request.

The committee will present a list of projects totaling $15 million in requested funding and state officials will select the final winning projects for a total prize of $10 million. The current list is at $16,187,000.

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