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Law and Order: Two men charged with burglary after allegedly breaking into cooler at Arby's

By Billie Owens

Duane A. Mather, 44, of Raymond Avenue, Batavia, is charged with: third-degree burglary -- illegal entry with intent to commit a crime; petit larceny; fifth-degree conspiracy; providing a false written statement; and possession of burglar tools. Mather was arrested at 1:38 a.m. on June 26 on West Main Street in Batavia after police responded to a report of people breaking into a storage cooler at Arby's. He was jailed without bail and was due in Batavia City Court this morning (June 29). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Jason Ivison.

Charles D. Macey, 37, of Holland Avenue, Batavia, is charged with: third-degree burglary; fifth-degree conspiracy; petit larceny; fourth-degree criminal mischief; and possession of burglar tools. Macey was arrested at 1:38 a.m. on June 26 on West Main Street in Batavia after police responded to a report of people breaking into a storage cooler at Arby's. He was jailed without bail and was due in Batavia City Court this morning (June 29). The case was handled by Batavia Police Officer Jason Ivison.

Grayson Bud Ground, 18, of Skye Road, Alabama, is charged with second-degree assault. He was arrested at 5 a.m. June 24 on Shanks Road in Alabama after he allegedly struck a male in the face, causing the male to suffer a broken jaw. He was arraigned on June 27 in Alabama Town Court and released under supervision of Genesee Justice. An order of protection was also issued in this matter. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy James Diehl.

Leaddice J. Daniels, 41, of East Main Street, Batavia, is charged with fourth-degree grand larceny. Daniels was arrested on June 26 after allegedly stealing a wallet containing several credit and debit cards at 10:03 p.m. on June 22 on Ellicott Street in Batavia. The defendant was jailed without bail and was due in City Court on June 27. The case was handled by Batavia Police Officer Christopher Lindsay.

Stephanie Wentworth, 31, of Augusta Street, Rochester, is charged with third-degree menacing and endangering the welfare of a child less than 17 years of age. Wentworth turned herself in June 26 on a warrant issued after a domestic incident that occurred at 9 a.m. on June 18 at the Bob Evans restaurant on Oak Street in Batavia. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Felicia DeGroot.

Robert R. Gerety, 44, of Elm Street, Batavia, is charged with: moving from lane unsafely; aggravated unlicensed operation in the third degree; and DWI -- first offense. Officers were called to the scene of a rollover accident involving a single vehicle at 10:09 p.m. on June 20 at 204 Richmond Ave., Batavia. After investigation, charges were pressed against Gerety. He was due in City Court June 28. The case was handled by Batavia Police Officer Nicole McGinnis.

Stephen J. Turkasz, 26, of Claudette Court, Cheektowaga, is charged with first-degree criminal contempt. He allegedly threatened to harm a person protected under an orpder of protection during a phone call on the night of June 8. He was arraigned and released and is due back in court on July 18. The case was handled by Batavia Police Officer Jamie Givens.

Michael Richard Ostrander, 52, of Middle Road, Collins, is charged with first-degree possession of dangerous contraband in prison and criminal possession of a controlled substance. Ostrander was charged with the crimes for allegedly possessing an unprescribed controlled substance while being an inmate in Genesee County Jail in December. He appeared in City of Batavia Court on June 27 to answer the charges. The case was handled by Genesee County Sheriff's Deputy James Diehl.

Nathan E. Hinze, 24, of Clifton Avenue, Batavia, is charged with petit larency. He was arrested following an investigation of a shoplifting incident at the Kwik Fill on Jackson Street in Batavia in which he allegedly took a bottle of water without paying for it. He was issued an appearance ticket for July 11 in City Court. The case was handled by Batavia Police Officer Stephen Cronmiller.

Aria D. Rodriguez, 21, of Hudson Avenue, Rochester, is charged with unlawful possession of marijuana. It is alleged that at 11:15 a.m. on June 27 on West Main Street in Batavia that she had an amount of marijuana on her at the time of her arrest for a separate incident. She was issued an appearance ticket for June 28 in City Court. The case was handled by Batavia Police Officer Jamie Givens, assisted by Sgt. Dan Coffey.

Aria D. Rodriguez, 21, of Hudson Avenue, Rochester, is charged with: speeding; being an unlicensed operator; and aggravated unlicensed operation in the second degree. She was arrested on June 27 on an arrest warrant for failing to appear in court for traffic tickets. She was jailed in lieu of $500 bail and was due back in court on June 28. The case was handled by Batavia Police Officer Jamie Givens.

A 17-year-old who resides on Washington Avenue in Batavia is charged with unlawful possession of marijuana. The defendant was arrested this morning at 1:11 (June 29) during a traffic stop on West Main Street, Batavia, after an officer allegedly located an amount of marijuana in a vehicle that the youth was operating. The youth was issued a computer-generated appearance ticket and is due in City Court on July 11. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Sgt. Dan Coffey.

Sponsored Post: Try the Y in July with a 5 class pass

By Lisa Ace

Try the Y in July! Stop in at the Genesee County YMCA and try the Y in the month of July!

Starting July 1st when an individual mentions this promotion they will receive a Class Pass to try any of our group exercise classes five times for free! If an individual uses all five punches on their pass card and decides to join the YMCA, we will waive their Joining Fee as well (a savings up to $75).

The YMCA also offers scholarships to help subsidize membership dues for individuals and families who qualify. If you have any questions, contact Josh Bender at 585-344-1664 or jbender@glowymca.org.

One of oldest homes in Stafford demolished

By Maria Pericozzi

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There is a pile of rubble located at the bottom of Temperance Hill on Route 5, where one of the oldest properties in Stafford, dating back to the early 1800s, used to stand.

A piece of history was forever lost last Wednesday morning when the property was demolished, according to Linda Call, a member of the Stafford Historical Society.

“We, as the Stafford Historical Society, feel badly that this piece of history is no longer something we can go look at,” Call said.

The property was built by Worthy Lovell Churchill, a colonel who commanded the 164th Regiment of State Militia during the War of 1812, when he came to Stafford in 1803. Churchill served as the Genesee County Sheriff between 1820 and 1825. Garth Swanson, the Stafford historian, said the house was built no later than 1805.

Swanson said he has lived in the area for about 25 years and has never seen it occupied.

“I know the house was in conditions beyond repair,” Swanson said. “But, it’s a sad loss of an incredibly significant piece of history. He was one of the founders of Stafford.”

Churchill’s child was the first child born in Stafford and could have possibly been born in the house, Swanson said.

The house was used as a public house, with a tavern and dining room on the first floor, with rooms and living quarters on the second floor.

“It was a very significant house,” Swanson said. “It served as a public house for a number of years.”

In 1820, the house was sold to Persis Prole Bell and her husband, who died in 1828. Persis was the first woman to receive a driver’s license in Genesee County, according to Michael Eula, Ph.D., the county historian.

Persis remarried a man named John Hitchcock, who transformed the house into a temperance house.

Swanson said the hill was later named Temperance Hill.

“The house saw both ends of the spectrum,” Swanson said. “One end there was alcohol in the early 1800s and then it went to no alcohol at all.”

Call said the house served as a two-family house during the 1960s, '70s and '80s.

“There used to be a sprung floor dance floor that was used for parties and dances,” Call said. “Travelers would stop and stay upstairs. It’s sad to lose it as a property.”

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Above is a hand drawing in an Atlas of the house, provided by the Genesee County History Department. 

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Extension of 1-percent sales tax addition for County passes Assembly

By Howard B. Owens

Shortly after midnight, the New York State Assembly passed an omnibus bill that clears up a logjam of legislative initiatives legislators had been wrangling over and which threatened funding for municipal governments, including Genesee County, the City of Batavia and the towns and villages.

This morning County Manager Jay Gsell said the passage of the bill was a good start.

It still needs to pass the Senate, which is expected to return to session today to take up the bill.

Local governments were in danger of losing as much as $8 million in revenue without an extension of a portion of sales tax charged in the county. The state charges a 4-percent sales tax. The county has permanent authority to charge 3 percent, but the next 1 percent must be periodically renewed by state legislation. Typically, it's been automatically renewed every two years, but this year it was held up when the extender legislation was wrapped into legislation to also extend mayoral authority over schools in New York City.

The omnibus bill extends the sales tax for three years.

It also authorizes the naming of a new multibillion-dollar bridge spanning the Hudson River after Gov. Mario M. Cuomo, father of Gov. Andrew Cuomo. 

The bill also provides $50 million in relief for victims of Lake Ontario flooding.

Photos: Batavia Concert Band opens 2017 season

By Howard B. Owens

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The Batavia Concert Band opened its 2017 season Wednesday evening in Centennial Park with John Bailey conducting.

The season continues with outdoor concerts at the park every Wednesday at 7 p.m. through Aug. 9.

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Woman who brandished knife during burglary attempt pleads guilty, enters drug treatment

By Howard B. Owens
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 Ann Marie Capuano

A Montclair Avenue resident who was caught in the act of burglarizing a business on State Street Road, Batavia, in April, entered a guilty plea in County Court on Wednesday to a Class E felony of attempted burglary.

The plea deal gives Ann Capuano, 32, a chance to complete a substance abuse program and have her conviction reduced.

In April, Capuano entered the business on State Street Road and when confronted by the owner and an employee, brandished a knife. She then fled on a bicycle and was apprehended by a police a short time later.

Enter terms of the plea, Capuano was released under supervision so she could be transferred from jail to a residential rehabilitation program in Buffalo.

She will also be evaluated for a program called a judicial diversion, which could have her case transferred to Drug Court.

She is scheduled to appear in County Court again July 24 for a hearing on her potential eligibility for judicial diversion.

Participant in Central Avenue attack given four years in prison

By Maria Pericozzi

Daniel J. Gilbert, 25, of Tracy Avenue in Batavia, was sentenced Wednesday afternoon to four years in prison and five years parole for his part in an attack on residents of Central Avenue.

In the beginning of May, Gilbert was supposed to be sentenced on a guilty plea, but after a disagreement between the attorneys on the case, the matter was postponed. 

Gilbert was part of the  attack that occurred around 11 p.m. on Oct. 28 in an apartment on Central Avenue in Batavia, that involved several people, resulting in at least two people being treated and released at the hospital.

District Attorney Lawrence Friedman said in court, that they were adjusting the prior agreement made on Feb. 8.

“We have an agreement to clarify or modify our prior agreement,” Friedman said. “That is that the defendant’s plea to attempted burglary in the second degree, a Class D felony, will stand.”

Friedman said they also agreed to an imposed sentence of four years, with five years of post-release supervision.

He was charged with the crime of first-degree burglary, a Class B felony. Gilbert was accused of knowingly entering an upper apartment on Central Avenue in Batavia, with the intent to commit a crime, and when entering or fleeing from the dwelling, he or other participants caused physical injury to a person.

In count two, Gilbert was accused of second-degree assault, a Class D violent felony. Gilbert caused physical injury to a person.

Sponsored Post: Think you may have a workers’ compensation claim? Call us

By Lisa Ace

Think you may have a Workers’ Compensation claim? The next steps:

Your physical well-being is the top priority after being involved in any type of accident. If you are involved in an accident, you should seek medical attention immediately and report all of your physical symptoms to your medical provider.

Next, you should make efforts to gather any information that could assist you in establishing your claim. You should gather names and contact information for anyone that may have witnessed the accident and file a police accident report.

Lastly, contact a lawyer a soon as possible, as there are certain type of claims that require paperwork to be filed within a certain amount of time. All initial legal consultations with the attorneys at Dolce Panepinto are free and, in most circumstances, you will not be charged any fees unless you recover money from the negligent party in your case.

If you think you have a claim, call us at 585-815-9003 for your free consultation.

Attempted larceny at Home Depot disrupted by customer

By Howard B. Owens

A customer intervened this morning when an apparent shoplifter attempting to make off with a cart full of tools at Home Depot tried to load them into his vehicle.

The suspect reportedly struck one person with the vehicle -- no word on injuries -- and also hit two other cars while fleeing the scene.

The suspect vehicle was later located on the Thruway by State Police, but the suspect has not yet been located.

The incident was reported at 9:52 a.m., at Home Depot, 4181 Veterans Memorial Drive, Batavia.

Several items were recovered and the Sheriff's Office is continuing its investigation.

Collins announces $237K grant for city fire

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today announced $236,072 in federal funding for the City of Batavia Fire Department. The grant was awarded through the Department of Homeland Security’s (DHS) Assistance to Firefighters Grant (AFG) Program, which is designed to help first responders improve their capability to respond to fires and emergencies of all types.

“The AFG program helps community fire departments access federal funding to protect their members and keep the communities they serve safe,” Congressman Chris Collins said. “This is an excellent and prudent use of federal money and it provides a tremendous service to communities here in New York’s 27th Congressional District.

"I was proud to work with the City of Batavia Fire Department to secure this $236,072 in AFG funding and thank them for the selfless service they provide.”

The City of Batavia Fire Department will use this $236,072 federal grant to purchase 25 Self Contained Breathing Apparatus (SCBA) air packs. This will provide the City of Batavia Fire Department with breathable air when responding to an emergency situation.

“This important grant funding will help us purchase equipment that will keep our firefighters safe and allow them to better protect the City of Batavia and surrounding communities,” said Stefano Napolitano, chief of the City of Batavia Fire Department.

“We appreciate Congressman Collins efforts on behalf of our local first responders and look forward to continuing to work with him to secure important grant funding for our department in the future.”

The AFG Grant Program provides direct funding assistance to fire departments, State Fire Training Academies, and non-affiliated EMS organizations to enhance their response capabilities and to more effectively protect the health and safety of both the public and emergency response personnel with respect to fire and all other hazards.

Collins applauds EPA rollback of water rules

By Howard B. Owens

Press release:

Congressman Chris Collins and local Farm Bureau presidents applauded 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 the Obama administration.

“This rule was an example of reckless government overreach, that brought undue burdens to farmers in Western New York,” Collins said. “I was proud to lead the bipartisan effort in Congress to scrap the WOTUS rule and applaud President Trump and Administrator Pruitt for taking this common sense step to support our nation’s agriculture industry.”

Both Congressman Collins and Farm Bureaus located within New York’s 27th Congressional District have been vocal in their opposition to the WOTUS rule. In May 2014, Congressman Collins led a bipartisan letter signed by more than 200 members of Congress to former EPA Administrator Gina McCarthy and Department of the Army Secretary John McHugh outlining concerns related to this rule. Congressman Collins believed the WOTUS rule was “built on incomplete scientific study and a flawed economic analysis” and formally requested the rule be returned to their respective agencies.

“Farmers are simply trying to provide for their family, community, and the nation, so it is unfortunate the federal government imposed this type of rule in the first place,” said Jeffrey Simons, president of the Erie County Farm Bureau. “Plain and simple, more federal regulations will make it harder for farmers to do their job. Today’s decision is a tremendous victory for Niagara County farmers, and I want to thank Congressman Collins for fighting on our behalf since the beginning.”

“The WOTUS rule was an overreach since it was first proposed and we’ve seen the negative impact it has had and would continue to have on our local agriculture industry,” said Christian Yunker, president of the Genesee County Farm Bureau. “In the end, common sense prevailed and everyone’s hard work has paid off. I appreciate all of Congressman Collins efforts—this is fantastic news for all of agriculture, not just here in Genesee County.”

“Today’s announcement is great news for Ontario County agriculture and will help to protect the future of our region’s family farms,” said Lisa Grefrath, president of the Ontario County Farm Bureau. “We commend Congressman Collins for his efforts to repeal this burdensome mandate and look forward to continuing to work with him on the issues impacting local family farms.”

“For the last three years, we have worked with Congressman Collins to end this unfair federal overreach and protect local farms. Today’s announcement is exciting news for local farm families,” said Joe Swyers, president of the Livingston County Farm Bureau. “We will continue to work with Rep. Collins regarding protecting the future of family farms in Livingston County and appreciate his efforts to end WOTUS. No one cares about more about our environment than local farmers that make their living on our land and we will continue to be the best stewards possible.”

“Today’s announcement is a win for New York’s agricultural community. Wyoming County is a top agricultural producer in New York State and the repeal of WOTUS will help ensure the future of farming in Western New York,” said Jeremy Northup, president of the Wyoming County Farm Bureau. “We commend Congressman Collins for his aggressive efforts to repeal WOTUS and will continue to work with him on the issues important to Wyoming County family farms.”

“When the WOTUS rule was first proposed, we knew this was a blatant overreach by the EPA,” said Jim Bittner, president of the Niagara County Farm Bureau. “This rule would have had negative effects on practically every piece of farmland here in Niagara County. Congressman Collins understood this from the beginning, because requiring farmers to get either the EPA or Army Corps’ approval before farming would have been a nightmare. We’re very glad to hear this rule will be rescinded."

Driver injured in early morning accident on Batavia-Oakfield Townline Road

By Howard B. Owens

The Sheriff's Office is investigating a single-vehicle accident that was reported about 1 a.m. at 2964 Batavia-Oakfield Townline Road, Batavia.

The driver, Kevin Veazey, 37, of Batavia-Oakfield Townline Road, was transported by Mercy EMS to Erie County Medical Center for treatment of his injuries.

Veazey's 2009 Chevrolet Silverado Pickup truck went off the roadway and hit a culvert. 

The Sheriff's Office reports that charges are pending.

Town of Batavia fire also responded to the scene.

Batavia Industrial Center featured in 'Wired Magazine'

By Howard B. Owens

Batavia, and specifically, the Batavia Industrial Center, is featured in a story out today in "Wired Magazine."

How a 1950s egg farm hatched the modern startup incubator

The article contrasts the Silicon Valley ethos of using incubators to find the next unicorn (companies with a valuation of at least $1 billion), companies that often disrupt (or damage) community-based businesses, against the original goal, and still the goal, of the BIC -- to nurture Batavia-based businesses that employ local people.

But the world’s first business incubator cared less about disrupting the global economy than about resuscitating its local one. It still does, in fact. Fifty-eight years later, the Batavia Industrial Center still operates in the same location and under the same defiantly local mandate. “Our job here is to help people create businesses and jobs in Batavia,” says Tom Mancuso, who now manages the facility.

St. Joe's graduates 28 eighth-graders

By Howard B. Owens

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Press release:

Father Ivan celebrated Mass at Resurrection Parish (St. Joseph site) to honor the 28 students who are moving on to high school in the fall.

Many of these eighth-grade students participated in their own Graduation Mass by saying the readings, reciting prayers and singing in the choir. A special moment of the Mass was when, after Communion, graduating eighth-grader Ariana deSa e Frias beautifully sang “Ave Maria” to everyone’s family and friends.

After Mass, Principal Karen Green, as well as many of the eighth-grade teachers, presented awards to honor all of these hardworking students.  Students received Honor Roll Awards, Music Awards, Excellence Awards as well as many other special Achievement Awards.

In addition, miore than $7,000 was given out in scholarships to those students attending Notre Dame High School in the fall. Congratulations to these St. Joseph Catholic School graduates!

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Pedestrian struck in parking lot of Home Depot

By Howard B. Owens

A pedestrian has been struck in the parking of Home Depot on Veterans Memorial Drive.

Town of Batavia Fire Department and Mercy EMS responding.

Law enforcement is on scene.

UPDATE: The suspect vehicle left the scene. Police are looking for a red four-door Nissan, Virginia plates, which may have been heading to the Thruway. The driver is described as black and wearing a blue shirt and blue shorts.

Hawley hopes legislators will put politics aside and deal with local sales tax extender

By Howard B. Owens

In response to our request, Assemblyman Steve Hawley provided the following statement on the issue of extending the 1-percent addition to local sales tax:

“At this point, we know very little about whether the Legislature plans to congruently pass local tax extenders. The Senate has already passed the Genesee County 1% tax extender that will be in effect until November 30, 2019, as well as the Orleans County tax extender.

"But the issue is that Assembly leadership chose to pass all local tax bills in one omnibus bill this year, instead of separately as they have done in almost all years past. Genesee and Orleans counties will be looking at approximate $9.3 million and $3.8 million revenue shortfalls, respectively.

"Essentially, the Assembly is holding tax extenders hostage, claiming that they have already fulfilled their obligation to counties. We are not sure at this point whether tax extenders will be addressed in Wednesday’s special legislative session, but it is time to put politics aside and compromise in order to avoid a major fiscal deficit in Genesee and Orleans counties,” said Assemblyman Steve Hawley (R,C,I-Batavia).

Previously: Inaction in Albany could deliver $8 million revenue blow to local governments

Law and Order: Deputies report finding drugs on man in court facility

By Howard B. Owens

Chad Allen Cooper, 21, of Emily Court, Bergen, is charged with three counts of criminal possession of a controlled substance, 7th. Cooper was allegedly found in possession of three different controlled substances while in the Genesee County Courts facility. He was jailed on $5,000 bail.

Cody Everett Carpenter, 24, of Rutgers Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater and speeding. Carpenter was stopped at 9:46 p.m. Sunday on Route 77, Darien, by Deputy Ryan DeLong.

Top Items on Batavia's List

The Batavia Housing Authority is seeking a positive, hardworking teammate to perform a variety of outdoor landscaping tasks, primarily mowing, with some trimming and cleanup work. The Groundskeeper is independently responsible for outdoor landscaping tasks on a weekly basis with some flexibility. This job may require some weekend hours when necessary. Part-time position Pay Range: $19.00/hr - $22.00/hr Anticipated start date: May 2024 Application deadline: April 29, 2024 See full job description at: https://www.co.genesee.ny.us/Groundskeeper.pdf Complete Civil Service Application at: https://cms1files.revize.com/geneseecountynew/CivilServiceApplication2022Revision-09.22.22.pdf Contact Information Nathan Varland Executive Director Batavia Housing Authority 400 East Main Street, Batavia, NY 14020 (585) 344-1888 nvarland@bataviahousing.org Location: Batavia
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