news

Press release:

On Wednesday, March 1, the City of Batavia Water Department will be repairing a water main on Tracy Avenue starting at 9 a.m. The water will be turned off on Tracy Avenue from Hart Street to North Street.

We will keep water service interruption to a minimum. This work may result in a period of discolored water in this general area after service is restored. Residents should check to make sure water clarity has returned before resuming activities such as laundry, which may be impacted. 

Members of the Local Drug Task Force say they observed a possible drug transaction in the City of Batavia so they conducted a traffic stop on a vehicle driven by the man they suspected of dealing drugs.

Stopped was Leonard E. "LB" Aguayo, 30, of Affinity Lane, Rochester.

Investigators say they found Aguayo in possession of more than a half-ounce of crack cocaine with an estimated street value of $4,000, a quantity of marijuana and cash. 

Aguayo was also allegedly driving on a suspended driver's license.

He was charged with two counts of criminal possession of a controlled substance, 3rd, unlawful possession of marijuana and aggravated unlicensed operation.

Other charges may be forthcoming.

He was arraigned in City Court and jailed without bail.

Officers with Batavia PD assisted in the arrest.

If the Perry Yellowjackets win a sectional title this Friday, it won't be because Oakfield-Alabama didn't work hard to try and spoil their so-far-undefeated season.

The Hornets were in the game until halfway through the final quarter when foul trouble took two starters off the court and Perry was able to finally pull away for a 78-63 win.

The Yellowjackets are a bigger team with Tyler Cowie, at 6' 3", 180 pounds, and Dan Elliott, 6' 4", 190 pounds, in the post, and a nearly unstoppable shot creator in Austin Croll at guard. But O-A got into their heads early, disrupting their offense with tight, aggressive coverage that led to several turnovers on steals, penalties and mental errors.

"What I noticed is a lot of teams kind of backed off them, hesitant or concerned about getting blown out, but we can’t back off," said Hornets Head Coach Ryan Stehlar. "We have to use our speed, our defense, and our intensity, so I wasn’t going to change our game plan. If we were going to go out, we were going to go out our way."

The Hornets had a lead of 16-13 at the end of the first quarter and 32-31 at the end of the half. Perry jumped out early in the third quarter, led most of the way and were head by about by five points early in the fourth quarter when O-A rallied a bit to get a single-digit lead with about five minutes left. That would be the Hornet's last lead of the night. 

"I've seen them several times this season and those guys play hard," said Perry Head Coach Phil Wyant. "We knew it was going to be tough. They scrap, they battle, they play a lot of guys who can put it on the floor and are willing to shoot and that presented a tough match-up, especially when they’re making tough shots."

Reice Woodward and Dalton Carlsen fouled out and either because that took some defensive pressure off the Yellowjackets, or O-A fatigue or just the great talent on the Perry team, the Yellowjackets quickly pulled away and never let the Hornets get back in the game the rest of the way.

Cowie finished with 32 points, 14 rebounds, and nine blocked shots. Croll scored 24 points.

"Austin and Tyler, not only are they great players, but they do whatever it takes to find the open guy, make a play for a teammate, and get it done on the defensive end," Wyant said. "They were down there guarding two of their better players. Yeah, Austin and Tyler, I'm glad they're on our team, that's for sure."

Also for Perry, Spencer Owen scored 12 points and had 10 rebounds.

For O-A, Tylor Ohlson scored 18 points, including hitting three three-pointers. Woodward scored 15 and Carlsen scored 15.

Perry faces Cuba-Rushford on Friday for the Section V Class C title. 

"We know it's going to be a tough challenge," Wyant said.

To purchase prints, click here.

Although senators in Albany may not be inclined to consider the idea of New York becoming a “sanctuary state,” City Councilwoman Rose Mary Christian wants to make sure they know where she stands on the matter.

“I want us to draft a resolution and send it to (Assemblyman Steven) Hawley, (Senator Michael) Ranzenhofer, (U.S. Senator Charles) Schumer and (Gov. Andrew) Cuomo, letting them know that the City of Batavia is opposed to this bill,” Christian said toward the end of Monday night’s City Council meeting. “I want no sanctuary city or state.”

Christian spoke out against a bill – known as the New York State Liberty Act -- that was passed by the state Assembly on Feb. 6. The bill is under review in the Senate.

The bill provides certain protections and rights for immigrants, including standards governing law enforcement’s ability to question a person’s immigration status and/or start deportation proceedings.

Council President Eugene Jankowski said that he was under the impression that the Senate was not going to call for a vote on the measure, but Christian wasn’t deterred.

“I still would like to see if my colleagues agree with me,” she said. “It might not do anything but we are willing to try.”

After a brief discussion, Council voted to have City Manager Jason Molino draft a resolution against any measures to create a sanctuary state or city, referencing both the Assembly and Senate bills, and have it ready for an official vote at the board’s next Business meeting on March 13. (It then would be forwarded to the elected representatives, including U.S. Senator Kristen Gillibrand).

Jankowski added that he was on board with Christian’s motion, but noted that “it might be putting the cart before the horse.”

“I don’t think the Senate wants to oppose the federal government and a new president so early in his tenure,” he said.

It also was noted that Assemblyman Hawley did not support the bill, labeled A3049B.

In other developments, Council:

-- As expected, approved a resolution authorizing Jankowski to sign a settlement between the City and the Batavia City Centre Mall Merchants Association to resolve longstanding litigation over the City Centre Mall.

The vote came after Council went into executive session for about 30 minutes to go over details of the agreement.

All council members voted yes except Robert Bialkowski, who abstained because his wife is an employee of the Mall Merchants Association. The agreement now goes to the merchants, who also must sign it.

Two weeks ago, Molino announced that the City and the Mall Merchants Association crafted an 11-point “settlement framework” that calls for the City to retain ownership of the downtown facility's concourse, pay 100 percent of capital improvements and take care of mall maintenance and operations.

Additionally, the City will spend an estimated $650,000 to fix the roof, silos and skylights. Moving forward, the City would impose a user fee based on each merchant’s property square footage.

Bialkowski said he had his doubts about the deal, citing the history of the mall and the series of lawsuits filed by the City and the Merchants.

“I hope that this resolution works this time but when it was first built, it was a disaster,” he said. “The city tried running it itself, but then tried to unload it. I hope it doesn’t become an anchor around the taxpayers’ neck.”

Bialkowski added that he believes that “business should be best left in the private sector; it’s definitely more efficient.”

-- Held public hearings on the 2017-18 budget; cwater/sewer rates and capital improvement fee; amending the Batavia Business Improvement District plan, and a Community Development Block Grant. No one from the public spoke.

Thus, Council members likely will vote in two weeks on the City's proposed $23.9 million spending plan that calls for a 0.9 percent tax increase.

-- Moved forward to the March 13^th meeting several resolutions, including one that retains Freed Maxick for financial auditing services for another five years, and another that approves a $90,000 increase in the final cost of the Summit Street reconstruction project (which still came in $250,000 under budget).

Press release:

Iroquois National Wildlife Refuge in Genesee and Orleans counties is accepting applications for spring turkey hunting.

The refuge uses a random drawing to fill the 75 turkey hunting permits available; these permits are distributed within two sessions. Session 1 runs from May 1 through May 15 and 50 permits will be issued for this session. Session 2 runs from May 16 through May 31 and 25 permits will be issued for this session.

When applying, hunters should indicate their first and second session preferences. To be entered in the drawing, interested hunters must obtain a Big/Upland Game Hunt Application form (Form 3-2356). Applications can be requested in person, by phone, mail, or email at iroquois@fws.gov. A PDF version of the application form may also be printed from our website http://www.fws.gov/refuge/iroquois. Click on the heading "Visit" and the link "Visitor Activities."

Applications, along with a $5 nonrefundable processing fee, must be received by 4 p.m., March 31. Please refer to our Turkey Hunting Fact Sheet, available at the refuge office or on our website, for additional information.

The 25-year-old mother who left her twin sons home alone in their State Street home the night of May 20 when a fire broke out taking their lives entered a guilty plea in Batavia Town Court today to a single count of endangering the welfare of a child.

Michael and Micah Gard were left alone while Heather Ace went out to meet with friends and by her own statement later to police took the opportunity to smoke marijuana and drink an alcoholic beverage.

Her mother called her frantically that night to tell her about the fire and Ace rushed home in hysterics, according to reports.

With her guilty plea, Ace faces a sentence of either probation or a year in jail.

Via our news partner WBTA.

Photo submitted by the New York State Police

Nicholas Price, 29, of Batavia, was arrested in connection with a hit-and-run accident that happened Jan. 27 in the Town of Bennington.

According to the original report, around 11:50 a.m. a black Hyundai Accent was traveling eastbound when it went off the road on Route 354 in the Hamlet of Cowlesville. 

The car was said to have struck a mailbox, then a red GMC Sierra pickup truck before coming to rest against a tree. 

The driver is accused of fleeing the scene and driving the Hyundai eastbound with extensive damage to the front end.

On Feb. 17, New York State Troopers responded to a medical call on Halstead Road in the Town of Batavia. While at the scene, troopers say they saw a black Hyundai Accent with front end damage similar to what was reported in the Cowlesville incident. 

Upon further investigation, and evidence collected from the scene, officers say they were able to match the suspect vehicle to the original accident.

Subsequently, Price was charged Feb. 24 with: criminal mischief in the fourth degree;leaving the scene of property damage accident; reckless driving; moving from lane unsafely; and driving across hazard markings.

He is due in the Town of Bennington Court sometime in March.

See related: Police seeking information in hit and run collision in Cowlesville

There will be an informational open house at Bethany Town Offices from 1 to 4 p.m., Wednesday, about the planned reconstruction of the Bethany Center Road Bridge over Route 20 in Bethany. CORRECTION: Time is 4 to 6 p.m.

There are no formal presentations, but NYT Department of Transportation engineers will be on hand to share details of the project and answer questions about the scope of the work, impact on travel during the six-month construction period, and other concerns residents might have about the project.

The current bridge was built in 1932 and is marred by cracking and crumbling cement and exposed rebar.

The new bridge is expected to have a functional life of at least 75 years and have two standard lanes that are 11-feet wide and shoulders with railings that are six-feet wide.

The $1.4 million project is expected to begin construction in the spring of 2018 and be completed by the fall of 2018.

Since Bethany Center Road ends three miles south of the bridge, detour signs will not be posted. There are parallel alternative routes.

When the current bridge is demolished, Route 20 will be closed for about two weeks. The detour will be Old Telephone Road, which runs parallel to Route 20.                

On Jan. 10, the 37-year-old Batavia man was found guilty on drug charges following a three-day jury trial in Wyoming County Court. 

On Feb. 23, he was sentenced to a determinate sentence of 10 years in prison with one-and-one-half years of post-release supervision on each count of criminal sale of a controlled substance in the third degree and one count of criminal possession of a controlled substance in the third degree, to run concurrently.

On Jan. 14, 2016, Broadbent possessed and sold 13 bags of heroin laced with the horse tranquilizer Xylaxine to a confidential informant in the Village of Perry. 

He was arrested in June on those charges during the Wyoming County Drug Task Force Operation Spring Sweep. 

According to District Attorney Donald O’Geen, prior to his sentencing last week he admitted that he should be sentenced as a second felony drug offender with a prior violent felony conviction. 

In 2012, Broadbent was indicted on three counts of criminal mischief in the fourth degree, criminal trespass, burglary in the second degree, and petit larceny. 

In February last year he was charged with false personation, criminal possession of a controlled substance in the seventh degree, criminal use of drug paraphernalia and possession of hypodermic needles, following a traffic stop on Route 33, Stafford.

In addition to his charges in Wyoming County, he was also arrested in June by the Genesee County Local Drug Enforcement Task Force on charges stemming from an April 24 incident in the Genesee County Jail.

“Heroin is an extremely dangerous drug that is highly addictive,” O’Geen said. “This case demonstrates how dangerous heroin is. To sell heroin, let alone lace it with a horse tranquilizer is reckless.

“On a weekly basis our office sees the devastating effects of heroin on our community. The sentence handed down today sends a clear message that those defendants that deal heroin and prey on people’s addictions will be brought to justice and held accountable.”

See related: Drug dealer found guilty of selling heroin laced with a horse tranquilizer

Audio and visual fire alarms at Batavia Downs have been set off.

The building has been evacuated.

City fire is on scene, investigating.

Town of Batavia fire responding.

A possible pull station was activated. Investigating.

UPDATE: I thought I updated this earlier: False alarm. 

Press release:

The Genesee County Economic Development Center (GCEDC) continues to pursue a $1.2 million phase one shovel-ready project to build a business park on a 75-acre parcel in the Town of Le Roy. Similar efforts in the towns of Batavia, Pembroke and Bergen have yielded major corporate investment. The plan for the GCEDC is to replicate this business attraction model in Le Roy.

The GCEDC has purchased the land for the project, requested a rezoning of the property from the Town of Le Roy and has received an award through the Consolidated Funding Application (CFA) process administered by the Finger Lakes Regional Economic Development Council for $420,000 to begin site engineering and infrastructure construction.

The GCEDC estimates that at full build out, the Le Roy Food & Tech Park will have approximately 600,000 square feet for office, advanced manufacturing and distribution/warehousing space that could employ as many as 1,000 people.

“The GCEDC has a proven track record in making sites shovel ready through smart investments and market these sites to businesses locally, regionally, nationally and internationally and we are confident that this can be accomplished in Le Roy,” said Genesee County Legislator Shelley Stein (Le Roy). 

“Collaboration is critical to this type of effort and it’s good to see how our local government leaders and economic development and education professionals are working together to make this project a reality,” said Genesee County Legislator Robert J. Basuch (Elba, Byron and Bergen).

“We continue to move forward with the GCEDC to make this site shovel ready,” said Le Roy Town Supervisor Stephen R. Barbeau. “We have the real potential to create new jobs, secure new investment and grow the tax base in our community.”

“We think our strategy of building a shovel-ready site in Le Roy will enhance market opportunities for existing buildings and infrastructure in the vicinity of the park,” said Steve Hyde, president and CEO of the GCEDC. “This is similar to the development strategy deployed around the county where shovel-ready parks are located at the edge of population centers.”

The Le Roy Food & Tech Park is located on a 75-acre parcel on Route 19 and West Bergen Road in the Town of Le Roy bordering the Village of LebRoy. The GCEDC estimates that when developed it will be able to attract companies and investment to the site that will enable additional commercial infill into the Village.

To prepare the local workforce for these new jobs, the towns are partnering with Le Roy Central School and Byron-Bergen Central School through a Professional Skills Training program.  The program is being funded through a grant from America’s Best Communities award that the towns of Le Roy and Bergen won in 2015. 

Professional skills include various interpersonal skills such as how to interact with people, emotional intelligence, verbal communications skills and other skills to help people perform in the workplace. The lack of professional skills has been identified by employers as one of the biggest challenges for the next generation of workers. 

“We need to work together to not only bring new jobs to our community but also to provide the next generation of our workforce the tools to be successful once they graduate from school,” said Donald S. Cunningham, Town of Bergen supervisor.

“There are a number of exciting initiatives taking place in Bergen and Le Roy and this project has the potential to really have a positive impact on both communities,” said Anna Marie Barclay, Village of Bergen mayor.

Nicholas Anthony Esposito, 31, of North Street Road, Le Roy, is charged with criminal mischief, 3rd, menacing and harassment, 2nd. Esposito was reportedly involved in an incident at 2:55 p.m. Friday in the parking lot of Walmart where he allegedly damaged the property of another person, struck the owner of that vehicle with a closed fist and placed a woman in the vehicle in fear of physical injury.

Tomy Lee Velasquez, 24, of Fisher Road, Warsaw, is charged with obstructing governmental administration, 2nd, false personation, aggravated unlicensed operation, 2nd, and rental vehicle without an ignition interlock device, and loud muffler. Velasquez was stopped Feb. 20 for an alleged traffic violation by Le Roy PD.

Cassy Drury, 23, of Myrtle Street, Le Roy, is charged with two counts of rape, 3rd. Drury, being a person over 21, allegedly had sexual intercourse with a person under 17 years old between Jan. 16 and Feb. 20. She was released under supervision of Genesee Justice.

Douglas Edward Artman, 26, of Alleghany Road, Darien, is charged with unlawful possession of marijuana and speeding. Artman was stopped at 7:44 p.m. Thursday on Route 77, Darien, by Deputy Eric Meyer. He was allegedly found in possession of a marijuana smoking pipe containing marijuana.

Alexander's wrestlers went to the state meet this weekend, came home today with two state titles and a fifth-place finish and got a hero's welcome. Friends, fans, and family turned out at the school following a siren-blasting escort through the village from the Alexander Fire Department and Sheriff's patrols.

Pictured are Dane Heberlein, Nick Young and Matt Gaiser

Gaiser collected his first state title; Young came in fifth; and for Heberlein, a senior, it was his third consecutive state title.

"It means a lot for the coaches, for the parents, even for the school," Heberlein said of the three-peat.

Asked what it means for him more personally and what he will reflect on in the future about it, Heberlein said, 'It's not so much the state titles, but what it took to win those state titles. I think that’s what is going to remembered the most. I mean all the hard work, practices, drill partners, and coaches, grinding through and in the end, a state championship is what we got."

Alexander has a long history of success in wrestling, and Heberlein said that's because a culture of dedication is built into the program.

"We set a good standard and I think that’s something to stand by," Heberlein said. "Every time you go in for a practice, you go in that room you know what you’ve got to bring. There are no easy days or days you slack. You’re going into work and that’s something we take pride in, working every day."

There are always young wrestlers coming up behind Alexander's current crop of champions and Heberlein has advice for them.

"Stay strong mentally," he said. "It easy to be mentally weakened and that’s when bad things will happen, so stay strong mentally and keep it together and things are fine."

Batavia Downs hosted a bridal show today.

The inventors of MöbileSchlägen hosted a party at Ken's Charcoal Pits & Bar-B-Q to kick off their Kickstarter campaign, aimed at raising $150,000 so they can begin production of their hammer, nail and log game based on a popular game with a German ancestry. 

Photos: Co-owner Marc Johnson demonstrates how to play the game.

Firefighters from Pembroke, Indian Falls and Corfu have been dispatched for a second time this morning to 8854 S. Lake Road, Pembroke, for a fire.

The first call was at 1:54 a.m. for the report of a controlled burn.

A person on social media posted about the fire. He said, "What I learned tonight 12 gallons of gas on a big bonfire will get the whole fire department to come and put it out." He later added, "thank you to Pembroke Fire Department, you guys rock."

Reader-submitted photos and info.

UPDATE: Pembroke firefighters returned later in the day for overhaul of the scene (reader submitted photos):

Returning from an appointment in Le Roy today, I stopped to snap a few scenic shots on a beautiful afternoon.

Top, along Hebbard Road.

Along North Road.

And the two shots below, along Route 19.

Deputy Cassidy Longhini, Deputy Jenna Ferrando, Chief Deputy-Road Patrol Gordon L. Dibble, Sheriff William A. Sheron, Jr., Undersheriff Gregory H. Walker, Deputy Travis DeMuth and Deputy Howard O. Wilson.

The Sheriff's Office announced the following personnel changes:

The following four Deputy Sheriff's graduated from the Niagara County Law Enforcement Academy at Niagara University on Jan. 11:

Deputy Sheriff Cassidy Longhini was presented with the Physical Fitness Award in his graduating class from the academy. He is a 2010 high school graduate from Byron-Bergen High School and received an associate degree in Physical Education from Genesee Community College in 2013. Deputy Longhini was previously employed as a Correction Officer with the Genesee County Jail before being appointed a Deputy Sheriff.

Deputy Sheriff Jenna Ferrando is a 2007 high school Regents graduate from Le Roy High School. In 2009, she graduated with an associate degree in Criminal Justice & Liberal Arts from Genesee Community College; and in 2011, Deputy Ferrando graduated from Buffalo State College with a Bachelor of Science degree in Criminal Justice with a minor in Spanish. 

Deputy Sheriff Travis M. DeMuth graduated with a Regents Diploma in 2011 from Alden High School. In 2016, he graduated with a Bachelor of Science degree in Criminal Justice from the State University of New York College at Buffalo. Deputy DeMuth was previously employed as a Security Guard.

Deputy Sheriff Howard O. Wilson V is a 2004 Regents high school graduate from Batavia High School. Deputy Wilson was previously employed as a Correction Officer with the Genesee County Jail until 2014. During that time, he received a Commendation Award for his actions off duty that involved attempts to calm a patron making verbal threats to other surrounding customers and assisted with taking the subject into custody.

Appointment:

Deputy Sheriff Kyle D. Krzemien has been appointed Deputy Sheriff, and is a 2013 Regents Diploma graduate of St. Mary’s High School in Lancaster.  He enlisted in the Army National Guard in August 2012 and continues to remain enlisted. Deputy Krzemien attended college at Buffalo State and then enrolled in classes at the Erie Community College Police Academy, graduating in December 2015 from Pre-Employment Basic Training. He graduated from Phase 2 of the academy on May 12, 2016.  

Pastor Allen Werk, Road Patrol Chief Deputy Gordon L. Dibble, Deputy Sheriff Jeremy M. McClellan, Deputy Mathew J. Clor, Undersheriff Gregory H. Walker, Sheriff William A. Sheron Jr.

The following two Deputy Sheriffs graduated from the Monroe Community College Law Enforcement Academy on Jan. 27:

Deputy Sheriff Jeremy M. McClellan graduated in 2000 from Alexander High School. After high school, Deputy McClellan enlisted in the Navy where he achieved a rank of Petty Officer First Class and served until 2011. While in the Navy, Deputy McClellan received the following medals: Joint Service Achievement, Navy & Marine Corps Achievement, Presidential Unit Citation, Meritorious Unit Commendation, Navy Good Conduct three times, National Defense Service, Global War of Terrorism Expeditionary, W/FMF, Navy “E” Ribbon, Humanitarian Service, Military Outstanding Volunteer Service, Sea Service Deployment Ribbon five times, Expert Pistol Shot, and Seabee Combat Warfare Specialist. He was previously employed as a Detention Officer at the Buffalo Federal Detention Facility in Batavia. 

Deputy Sheriff Mathew J. Clor is a 2011 graduate from Batavia High School. Since graduation, Deputy Clor has been an active member of the Army National Guard and has earned the rank of E-4 Specialist. He received an award for volunteering his duties during Operation Blackhawk, providing security following Hurricane Sandy in New York City.  Deputy Clor is also a summer coach for the Batavia Junior Baseball League.

Promotions:

Deputy Sheriff Jason E. Saile has been promoted to Sergeant. He is a 12-year veteran who started his law enforcement career as a Deputy Sheriff on July 8, 2005.  

Investigator Bradley D. Mazur was promoted on Jan. 1, 2017, to the position of Sergeant. He is an 18-year veteran who began his career with the Genesee County Sheriff’s Office on Jan. 31, 1999.

Deputy Sheriff Christopher A. Parker was promoted on Jan. 1, 2017, to the position of Investigator. He is a 19-year veteran who began his career with the Genesee County Sheriff’s Office on Dec. 29, 1997.

Part-time appointment:

Justine M. Reed was appointed a part-time Emergency Services Dispatcher on Jan 1.

Jail appointments:

Part-time Correction Officer Jason M. Buck has been appointed full time.

Part-time Correction Officer Corey J. Cieszki has been appointed full time.

Correction Officer Matthew J. Bailey was appointed on Aug. 27 and graduated from the Erie County Sheriff’s Office Basic Corrections Academy on Dec. 2. C.O. Bailey is a 2001 Regents diploma graduate from Batavia High School. Following high school, he attended Genesee Community College and received an associate degree in Criminal Justice in 2014. In May 2014, Bailey enlisted in the Army National Guard where he is an E-4 Specialist assigned to the 105^th Military Police Company based out of Buffalo. C.O. Bailey was previously employed as a Buffalo Federal Detention Officer.

Eric T. Wagner was appointed to a part-time Correction Officer on Nov. 8.

National retailer JCPenney reported today a continued decline in sales and as a result the intention to close from 130 to 140 stores nationwide.

The list of stores that will be closed has not been released, so we don't know yet if the Batavia location will be on the chopping block.

The Batavia store has survived a previous round of JCPenney's cost-cutting.

According to Reuters, JCPenney continues to struggle in an era of dying shopping malls and increased competition from online retailers.

The store in Batavia is the lone anchor tenant of the long-struggling City Centre Mall in Downtown.

City Manager Jason Molino told WBTA, “We just spoke with JCPenney as early as last week. They did not relay that message to us and they did not tell us that was going to be the case, so as far as we know that is new news or it's nothing that I can confirm.”

Winds of 20 to 30 mph are expected to blow through Genesee County on Saturday.

A wind advisory has been issued from 10 a.m. to 10 p.m.

Gusts up to 50 mph are possible.

The National Weather Service warns that winds of this speed could result in downed tree limbs and isolated power outages. Travel in high profile vehicles could be difficult.