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Howard B. Owens's blog

Monday, July 14, 2014 at 2:56 pm

Law and Order: Keeney Road resident accused of grand larceny

post by Howard B. Owens in batavia, Alabama, alexander, crime, Darien, Le Roy, Oakfield

James Joseph Argento, 36, of Keeney Road, Le Roy, is charged with grand larceny, 3rd. Argento allegedly stole property with an approximate value of $5,000 from a location on Keeney Road, Le Roy. Argento was jailed on $10,000 bail.

Arlin Joselin Reyes, 31, of Townsend Avenue, Bronx, is charged with harassment, 2nd. Reyes was arrested on a warrant out of Darien Town Court. The incident was reported at 5:30 a.m., Nov. 24. Reyes was arraigned on the charged, entered a guilty plea, paid his fines and was released.

Abraham Lyn Rendon-Matadamas, 31, of Lewiston Road, Alabama, is charged with assault, 3rd. Rendon-Matadamas allegedly struck another person in the face. The alleged victim was treated at Medina Hospital. Rendon-Matadamas was arraigned in Town of Alabama Court and released on his own recognizance. He was also handed an order of protection. 

Devon Michael Husted, 16, of Broadway Road, Alexander, is charged with criminal sale of marijuana, 5th, and unlawful possession of marijuana. Husted allegedly sold marijuana while at Darien Lake Theme Park.

Michael Anthony King Jr., 16, of Oakfield, is charged with first-degree sexual abuse and endangering the welfare of a child. King is accused of sexual contact with a child less than 11 years old. He was arraigned and released under supervision of Genesee Justice.

Derek G. Thomas, 37, of Bank Street, Batavia, is charged with endangering the welfare of a child and menacing, 3rd. Thomas was allegedly involved in an incident at 9:30 p.m. July 6 on Lewis Place. He is accused of shoving one person and threatening another. 

Alicia May Lyons, 34, of State Street, Batavia, is charged with petit larceny. Lyons is accused of wrapping several items in her coat while at Tops Market and then proceeding out of the store without paying for the items.

Thomas C. McJury, 48, of Brooklyn Avenue, Batavia, is charged with deteriorated roof covering. McJury was arrested on a City Court warrant stemming from an alleged property maintenance code violation. McJury posted bail and was released.

Emily N. Indovina, 19, of Erie Street, Mt. Morris, is charged with trespass. Indovina is accused of going to a residence she was advised not to visit by a Batavia PD officer the day before.

Konstantin Logvinsky, 28, of Middlesex Road, Rochester, is charged with aggravated unlicensed operation, 3rd. Logvinsky was arrested on a warrant, posted bail and was released.

Alexandria C. Pisarek, 21, of Oakfield, is charged with criminal possession of a controlled substance, 7th. Pisarek was arrested by State Police at 2:42 p.m. Saturday in the Town of Batavia on Route 33. No further details released.

Dominique D. Davis, 21, of Rochester, is charged with issuing a bad check. Davis was arrested by state police. No further details released.

Monday, July 14, 2014 at 1:20 pm

Local woman found dead on steps of residence on Jackson Street

post by Howard B. Owens in batavia, Jackson Street

Batavia PD is investigating the unattended death of a local woman who was found unresponsive of the porch steps of 131 Jackson St., Batavia.

The body of Summer Ogden, 38, was taken to the Monroe County Examiners Office for an autopsy.

Batavia PD released no information regarding any potential cause of death.

Ogden's name has come up frequently in arrest reports over the past four years, most often on charges of criminal contempt for violating stay away orders involving her boyfriend, Eric Duda.

Duda has faced the same charges for contacting Ogden.

Twice in 2011, both Ogden and Duda were arrested in Stafford when they were found together.

The Batavian's first encounter with Ogden and Duda was right before Christmas in 2010. Duda was manager of the Batavia Motel, 3768 W. Main St. Road, when he and the other residents were kicked out on 24-hours notice after the motel was condemned. The couple had a 10-month-old infant at the time.

Monday, July 14, 2014 at 11:15 am

Five arrests reported at Lynyrd Skynyrd concert at Darien Lake

post by Howard B. Owens in crime, Darien, darien lake performing arts center

The following people were arrested by the Genesee County Sheriff’s Office during the Lynyrd Skynyrd/Bad Company concert at Darien Lake Performing Arts Center on Sunday.

Fawn Dockstader, 27, of Council House Road, Alabama, was charged with disorderly conduct after allegedly causing a disturbance at the concert venue. Dockstader was arraigned in Darien Town Court and remanded to jail in lieu of $350 bail.

Ryan J Faulhaber, 20, of Willardshire Road, Orchard Park, was charged with charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Jessica K. Olewniczak, 18, of Briarwood Drive, Lancaster, was charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Joseph M. Eck, 46, of Benson Avenue, West Seneca, was charged with disorderly conduct after allegedly fighting in the concert parking lot.

Patrick L. Eck, 50, of Eden Street, Buffalo, was charged with disorderly conduct after allegedly fighting in the concert parking lot.

Maxwell J. Cywinski, 18, of Lafayette Avenue, Buffalo, was issued a ticket for possession of a fictitious license after allegedly being found in possession of a fictitious Massachusetts license.

Henry J. Hager IV, 18, of Westgate Drive, East Aurora, was issued a ticket for possession of a fictitious license after allegedly being found in possession of a fictitious Massachusetts license.

Nicola I. Marcucci, 18, of Highland Avenue, Buffalo, was issued a ticket for possession of a fictitious license after allegedly being found in possession of a fictitious Massachusetts license.

UPDATE: There were three tickets issued for alleged under-age drinking.

Sunday, July 13, 2014 at 9:46 pm

Second Annual Lite the Knight in Le Roy to benefit family of Deputy Frank Bordonaro

post by Howard B. Owens in Le Roy, Lite the Knight

Press release:

It was just about one year ago when we learned of the tragic accident in Wheatland which killed three and seriously injured two members of the “Cal-Mum 5.” Le Roy Physical Therapy and Village Fitness were very proud to have sponsored the first “Lite the Knight 5K,” which with the overwhelming support and generosity of the Cal-Mum and Le Roy communities, raised more than $12,000 for the victims’' families.

Plans for the Second Annual Lite the Knight, to be held on Saturday Aug. 16 at Hartwood Park, have been under way for several weeks now. Our intent is to use the proceeds of this year’'s event to develop a Memorial Scholarship Fund.

We were incredibly saddened to learn of the untimely death of Frank Bordonaro earlier this week. Frank was a 19-year veteran of the Genesee County Sherriff’s Dept., a devoted husband and father, and a true pillar of the Le Roy community who will be sorely missed. At only 44 years of age, he leaves behind his wife, Robyn, and two sons Bryce, 14, and Chase, 12.

Therefore, it is with pride and sadness that I announce we’'ve selected the Bordonaro family as the recipient of this year'’s Memorial Scholarship, and ask the community to rally to support them through this event. All proceeds of the 2014 Lite the Knight 5K will be donated to the family.

More information about Lite the Knight is available at www.villagefit.com, or visit our Facebook page. In addition to the 5K run/walk on an illuminated course, this year’'s event also features a 3-on-3 basketball tournament, wellness fair, many free childrens' activities, a performance by Le Roy Marching Knights, a chicken barbeque by the Smokin' Eagle BBQ and Brew, and free live music by Flipside. A very special thanks goes out to the Le Roy, Stafford, Caledonia, and Pavilion fire departments who have volunteered their time and assistance in support of the event, and who will be setting up an interactive display of their fire engines for children and families to experience.

You may register yourself or your team for Lite the Knight at https://www.getentered.com/Register/groups/default.aspx?newgroup=true&event=28196. The registration page also offers the ability to make a donation or purchase a memorial luminary bag to light the course, whether or not you choose to participate in the run/walk.

Sunday, July 13, 2014 at 9:35 pm

GCEDC approves USG project in Oakfield

post by Howard B. Owens in business, GCEDC, Oakfield, U.S. Gypsum

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved a final resolution for application for assistance from United States Gypsum Co. (USG) at the July 10, 2014, board meeting. 

United States Gypsum Company Co. (USG) is planning to upgrade its paper mill at 2750 Maple Ave. in Oakfield, NY. The project will include replacing and relocating equipment, stock cleaning and enhanced manila production to improve the safety, quality and efficiency of the facility.

The upgrades will consist of three phases and is expected to commence in 2016. The projected capital investment is approximately $23 million and the investment will retain 98 manufacturing jobs and create 12 new production jobs.

In other matters, Graham Corporation’s 2013 project with the GCEDC involved expansion of its operations on Harvester Avenue, Howard Street and Florence Streets, in the city of Batavia. There has been a longer than anticipated construction time on these projects and Graham Corporation is requesting a PILOT amendment in order to delay the commencement of the PILOT by one year. This amendment will not result in any additional incentives for the project.   

“The significant investments in businesses right here in our region is strongly reflective of the ongoing economic growth we continue to witness in all industry sectors,” said Wallace Hinchey, GCEDC Board chairman.

Sunday, July 13, 2014 at 9:26 pm

GCEDC adopts new policy requiring local labor on incentive projects

post by Howard B. Owens in GCEDC

Press release:

The Genesee County Economic Development Center (GCEDC) Board of Directors unanimously voted to adopt a new local labor policy at the organization’s July board meeting. The new policy was developed by the GCEDC Governance and Nominating Committee.

According to the policy, at least 90 percent of non-management construction labor on projects in excess of $5 million construction costs that receive local incentives from the GCEDC must employ workers within the “Local Labor Area” which has been defined as individuals residing in Genesee, Orleans, Monroe, Wyoming, Livingston, Wayne, Ontario, Seneca, Yates, Niagara, Erie, Chautauqua, Cattaraugus and Allegany counties.

“I want to thank the members of the Governance and Nominating Committee for developing a fair and balanced local labor policy. We do not believe it is unreasonable to ask companies that receive incentives and benefits from our agency to hire locally,” said GCEDC Board Chairman Wolcott Hinchey. “In addition, the local labor area has been defined to include a large area of Western New York to be able to utilize our talented and productive workforce that is readily available to general contractors and subcontractors who work on these economic development projects.”

The policy will allow for companies that receive benefits from the GCEDC to request a waiver for exemption from the local policy in certain circumstances, including the installation of specialized equipment of materials where the manufacturer requires local installation by only approved installers; specialized construction where workers from the “Local Labor Area” are not available; but the company must provide documentation that there is a lack of those particular workers in the “Local Labor Area.”

Companies that receive incentives from the GCEDC will be required to file quarterly reports documenting that they are utilizing workers from the “Local Labor Area” based on the total construction job numbers. Failure to comply with the quarterly reports could result in a company’s incentives being rescinded by the GCEDC.

“This policy is not about meeting job numbers as there are always issues that are beyond a company’s control such as a downturn in the economy; the policy is simply about companies insisting that their contractors and subcontractors hire local laborers,” said Steve Hyde, president and CEO of the GCEDC. “The bottom line is that if companies are receiving local tax breaks, then they should be hiring local laborers.”

Sunday, July 13, 2014 at 9:10 pm

State Police looking for information about ATV stolen from family on Old Creek Road

post by Howard B. Owens in alexander, crime

This little boy misses his parents' ATV (mom and dad miss it, too). It was stolen sometime after June 28. The location of the theft is Old Creek Road, Town of Alexander. It's a 2012 Honda Rancher 4x4 420 CC, green in color. It may have a camouflage duffle bag strapped to the rear rack. License plate, NY 17JF11.

The case is being investigated by Trooper Ryan Dulkiewicz. If you have information that can assist with the return of the ATV, call the Batavia Barracks of the State Police at (585) 343-2200 and tell the dispatcher you're calling about case #5760588.

Sunday, July 13, 2014 at 8:59 pm

Young baseball team off to good start in inaugural season

post by Howard B. Owens in baseball, batavia, sports, youth sports

Jane Johnson shared this picture of the Batavia Clippers 8-and-under baseball team, sponsored by Graham Manufacturing, who she said are off to a good start in the team's first year.

A portion of her e-mail:

The Batavia Clippers 8U Travel Baseball team took 2nd place in their division and 3rd place overall last weekend in the Honeoye Falls Mendon Youth Baseball Midsummer tournament. The team played teams from Canandaigua, Fairport, Mendon, Pittsford and Rochester.

This weekend the team plays in the Clarence Youth Baseball Travel Team Tournament at the Clarence Meadowlakes Park. The team matches up against teams from Clarence, Amherst, Williamsville, Orchard Park, Lancaster, Akron, Buffalo, Evans, North Tonawanda, and Grand Island.

The Clippers team is led by Coach Ben Buchholz, Coach Sam Antinore, and Coach Jeff Grazioplene. The Clippers players are all members of the Batavia Minor League.

Team members are: Jay Antinore, Bronx Buchholz, Joe DiRisio, Dane Dombrowski, Cole Grazioplene, Jake Hutchins, Alex Johnson, Cal Koukides, Jameson Motyka, Carter Mullen, Sheldon Siverling, Malcom Wormley.

Sunday, July 13, 2014 at 3:14 pm

Among those arrested at Jason Aldean concert, man accused of stealing security golf cart and driving drunk

post by Howard B. Owens in crime, Darien, darien lake performing arts center

The following people were arrested by the Genesee County Sheriff's Office during the Jason Aldean concert at Darien Lake Performing Arts Center on Saturday.

Aaron F. Acker, 32, of Martha Avenue, Buffalo, was charged with DWI, driving with .08 percent or more BAC, unauthorized use of a vehicle, and resisting arrest after allegedly taking and driving a golf cart intoxicated without permission and then resisting arrest.

Cody J. Williams, 25, of County Road 36, Freedom, was charged with trespass after allegedly refusing to leave the concert venue after being told to leave several times. Williams was arraigned in Darien Town Court and remanded to jail in lieu of $250 bail. Additional charges may be pending.

Matthew J. Beaudet, 21, of North Park, Buffalo, was charged with criminal trespass, 3rd, after allegedly jumping a fence into the backstage area of the concert venue. Beaudet was arraigned in Darien Court and remanded to jail in lieu of $250 bail.

Joshua S. Watkins, 23, of Oak Orchard, Road, Albion, was charged with DWI, driving with .08 percent or more BAC and following too closely. Watkins allegedly struck several cars while exiting the concert venue. Additional charges may be pending.

Luke P. Donigan, 20, of Trellis Brook Lane, Liverpool, was charged with DWI, driving with .08 percent or more BAC, and unauthorized use of a vehicle after allegedly taking and driving a golf cart in an intoxicated condition without permission.

Tyler J. Winter, 23, of Wilson Drive, Hamburg, was charged with trespass after allegedly refusing to leave the concert venue after being involved in a disturbance in the concert parking lot.

Charles R. Moon Jr., 23, of Ryans Run, Rochester, was charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Kelsey M. Davis, 22, of Vine Street, Batavia, was charged with disorderly conduct after allegedly engaging in physical fight inside the concert venue.

Ryan M. Miller, 18, of East Arcade Road, Arcade, was charged with unlawful possession of marijuana after allegedly being found in possession of marijuana, and Miller was issued a ticket for alleged possession of a fictitious ID.

Ashlee L. Darcy, 25, of Park Dale, Buffalo, was charged with harassment, 2nd, after allegedly striking a deputy in the face.

Brian J. Howell, 29, of Pollet Place, Rochester, was charged with disorderly conduct and trespass after allegedly fighting with another concert patron and then reentering the concert venue after being ejected and told not to return.

Sean T. Hawley, 22, of Janes Road, Rochester, was charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Trent R. McDonald, 22, of Hogansburg, was charged with criminal trespass, 3rd, after allegedly reentering into the concert venue after being ejected and told not to return.

Randy R. Rossow, 55, of Main Street, Clarence, was charged with harassment, 2nd, after allegedly punching a Live Nation employee.

Trevor J. Vona, 18, of Mann Street, Buffalo, was charged with criminal  possession of a controlled substance, 7th, after allegedly being found in possession of cocaine.

Sunday, July 13, 2014 at 2:38 pm

Photos: A bit of Oakfield in USAF museum in Ohio

post by Howard B. Owens in history, Oakfield

Master Sgt. Jason Earle (retired), a former Genesee County resident, was visiting the U.S. Air Force Museum at Wright-Patterson AFB in Ohio when the word "Oakfield" caught his eye.

A bag of beans labeled "George W. Haxton & Son, Inc., Oakfield, N.Y." was in a display showcasing the USAF's efforts during the Berlin Airlift following World War II.

Earle said, "I'm quite sure there was a lot of war effort going on with the numerous factories the county had at the time, but nobody really thinks of what effect our local farmers had as well."

Sunday, July 13, 2014 at 12:30 am

Photos: Third annual 3-on-3 tournament at Williams Park

post by Howard B. Owens in basketball, batavia, 3-on-3, sports, Williams Park

Dozens of teams across the spectrum of age groups competed today in the 3rd annual 3-on-3 tournament at Williams Park.

Here are pictures from two of the afternoon games.

The tournament was sponored this year, for the first time, by The Batavian.

To purchase prints of photos click here.

Saturday, July 12, 2014 at 11:54 pm

Photos: 'Ride to Remember' honoring veterans

post by Howard B. Owens in batavia, Stan's Harley-Davidson, veterans

The Genesee Veterans Support Group hosted the "Ride to Remember" today. The event included a chicken BBQ at Stan's Harley-Davidson followed by a ride to the Geneseo Air Show.

Saturday, July 12, 2014 at 11:20 pm

Deputy Frank Bordonaro answers his final call

post by Howard B. Owens in Le Roy, Sheriff's Office

In his homily during the funeral service for Deputy Frank Bordonaro, Father Michael Donovan addressed Frank's sons directly.

The one thing he wanted them to remember, what should be part of the stories they tell of their dad someday, Donovan said, was the outpouring of respect, love and support of the friends, family and colleagues gathered in St. Peter's today.

Bordonaro, 44, a 19-year veteran of the Genesee County Sheriff's Office died July 8 of an apparent heart attack.

He leaves behind a wife, Robin, and two young sons, Bryce and Chase.

In a memorial letter read by funeral director Vern Falcone, Robin thanked Frank for raising his sons right and setting them on a good path.

Nearly every member of the Genesee County Sheriff's Office (all but those required to be on duty) was at the funeral. Several members of the Batavia Police Department, the Le Roy Police Department and the State Police were part of the honor guard that lined up in front of the church before and after the service.

Bordonaro's casket was carried to and from the church in his pickup truck.

The service centered around Matthew 25:34-40.

“Then the King will say to those on his right, ‘Come, you who are blessed by my Father; take your inheritance, the kingdom prepared for you since the creation of the world. For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger and you invited me in, I needed clothes and you clothed me, I was sick and you looked after me, I was in prison and you came to visit me.’

“Then the righteous will answer him, ‘Lord, when did we see you hungry and feed you, or thirsty and give you something to drink? When did we see you a stranger and invite you in, or needing clothes and clothe you? When did we see you sick or in prison and go to visit you?’

“The King will reply, ‘Truly I tell you, whatever you did for one of the least of these brothers and sisters of mine, you did for me.’ "

Father Donovan noted that most people think of a police officer as just somebody who arrests people, but an officer of the law does so much more than that for his community. Deputy Frank Bordonaro, he said, was that kind of professional.

Deputy Bordonaro provided help to those he found hungry, or thirsty, or lonely and in need, or homeless, or sick. He provided help to those who needed it, and thereby lived the life Christ bade his disciples to follow.

That is the memory, Father Donovan said, that Bryce and Chase should hold of their father.

After the service, after the casket of Deputy Frank Bordonaro was driven away in his truck, the radios on the hips of emergency responders among those gathered on Lake Street, could be heard with the final dispatch for Deputy Frank Bordonaro. It was the only sound on the street until a Mercy Flight helicopter paid Deputy Bordonaro one last tribute with a pass over the church.

Listen (mp3).

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Below: The funeral procession passes under a flag on Route 19 that was lifted by ladder trucks from Le Roy and Bergen fire departments. Photo submitted by George Henry.

Friday, July 11, 2014 at 9:53 pm

Veterans group sponsors 'Ride to Remember'

post by Howard B. Owens in batavia

Motorcycle Riders are invited tomorrow to join in the "Ride to Remember," sponsored by the Genesee Veterans Support Group.

Registration starts at 10 a.m. at Stan's Harley-Davidson, West Saile Drive, Batavia. The ride starts at 1 p.m. and will conclude in Geneseo at the Geneseo Air Show. Free admission to the air show is included and the ride includes the opportunity to participate in a "Pass and Review" down the runway in front of the grandstand.

A chicken BBQ is available at Stan's for $10.

Participation in the ride is $45 for a single rider and $55 for a rider and passenger.

Friday, July 11, 2014 at 8:40 pm

Riders raise more than $1,400 for Crossroads House

post by Howard B. Owens in batavia, charity, crossroads house

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Crossroads House received a $1,445 donation today, the result of the 4th Annual Jerry "Rat" Cone Memorial Run, held July 5 in Genesee County.

Fifty-two riders participated in the charity trek over local roads.

The donation was delivered this evening.

Pictured are, from left, Scott Bliss, Jim Andrews, Kelli Bliss, Vanessa Andrews, Paul Ohlson, Anthony "Smokey" LoCastro, Stephen Worthington, Pastor Timothy Young, and on the porch are Charlotte Puccio, Mary Ann Shuler and Kathleen Pentepento.

Friday, July 11, 2014 at 4:47 pm

No decision yet on future of live music at Frost Ridge

post by Howard B. Owens in business, Frost Ridge, land use, Le Roy

Judge Rorbert C. Noonan wants more information before he decides whether to dismiss one or both of the lawsuits against Frost Ridge Campground in Le Roy.

In a written decision this afternoon, Noonan held off making a decision on the motion to dismiss the suits as well as on the motion to lift the temporary injunction against amplified music at Frost Ridge.

He's ordered a hearing as soon as possible on the assertion by attorney David Roach that the statute of limitations has expired for challenging the Zoning Board of Appeal's determination in the Fall of 2013.

"While Frost Ridge and the ZBA submitted that such minutes were filed with the Town Clerk 'within a matter of days' after the October 22, 2013 meeting," Noonan wrote, "the Town Clerk submits that she 'cannot pinpoint the date (the clerk of the ZBA) delivered the minutes of the Sept. 25, 2013 meeting to her," and that they are customarily filed only 'sporadically.' Therefore, on the existing record, Frost Ridge and the ZBA have failed to carry their burden of proof on the issue."

The ZBA clerk is currently involved with medical issues, Roach told Noonan during today's hearing, and is therefore unavailable to provide an affidavit on when she filed the minutes.

She is expected to be available in a week, he said.

Frost Ridge is fighting twin lawsuits: One filed by the Cleere and Collins families, who own adjoining property, and one filed by the Town of Le Roy asserting Frost Ridge not only is barred by the zoning ordinance from hosting amplified music concerts, but has grown beyond what was grandfathered in when the current zoning ordinance was adopted.

Under NYS law, any party challenging the ZBA's determination would have 30 days from the time the decision is filed to legally seek to overturn the decision. If it can be proved by the defendants that minutes were filed with the Town Clerk in the Fall of 2013, that would be much more than 30 days and could therefore provide grounds for the lawsuit by Cleere/Collins to be dismissed.

What happens with the Town of Le Roy's lawsuit against Frost Ridge is a little more complicated.

"Nor will the Town's action be dismissed for failure to join the ZBA as a defendant," Noonan wrote. "Although the ZBA may wish to intervene in this case, it is not a necessary party to the Town's action to enforce its zoning laws; and, it is questionable whether the Town is collaterally estopped by the ZBA's determination."

Noonan's ruling seems to back the assertion by the defense that the ZBA made a valid determination that land use at Frost Ridge in 2013 was a legal, preexisting, nonconforming use.

"Thus," he writes, "contrary to the Town's contention, the minutes of the meeting permitting the noncomforming use are sufficient for a proper determination."

No date for a follow-up hearing has been released yet.

Friday, July 11, 2014 at 2:25 pm

Previously reported police activity on Jackson Street turns out to be part of planned law enforcement detail

post by Howard B. Owens in batavia, Batavia PD, crime

We now know that all the police activity on Jackson Street the evening of June 26 was more than just a response to an individual seen running behind backyards between Maple Street and Morton Avenue. It was part of law enforcement detail in the area aimed at identifying issues in the neighborhood. 

Earlier this week, the City of Batavia announced the results of the detail.

Police made contact with numerous individuals, some were on parole or probation.

The person seen running through yards was on parole, but not wanted, according to local law enforcement. He was released after none of the property owners who initially called about him wanted to file a trespass charge. Police are unsure why he decided to run and try to hide from law enforcement, if that is indeed what he was doing.

There have been complaints from citizens on The Batavian and on Facebook that they had their vehicles stopped for no or flimsy reasons, but Chief Shawn Heubusch said all traffic stops were made in accordance with guidelines related to probable cause. 

"Each traffic stop was conducted legally and with probable cause," Heubusch said in an e-mail response to our questions. "As for the probable cause for each I do not have that information. We do not generally keep track of that information unless an arrest is made (DWI for example)."

We asked about the probable cause for the 59 "data runs" reported in the press release.

Heubusch said, "As for the "data runs," these are done routinely when checking license plates or driver's license info, for any wanted-person info, or stolen vehicle, for example. New York State does not require probable cause to run a license plate attached to vehicle."

We asked for the arrest reports/press releases on each of the three arrests reported during the sweep and Heubusch said he would think those arrests would have been reported previously by each of the agencies making the arrests, but he would have to research that further.  

The detail is part of a plan announced earlier this year in keeping with the city's strategic plan, which calls for revitalizing neighborhoods. The effort is designed to identify problems and deal with them before they grow into something bigger.

Friday, July 11, 2014 at 2:03 pm

County planning board votes against proposed 55-and-older complex on West Main Road, Batavia

post by Howard B. Owens in batavia, business, land use, planning

Concerns about adequate parking and emergency vehicle access led the Genesee County Planning Board on Thursday night to recommend against approval for a senior housing apartment complex off Route 5 in the Town of Batavia.

The board's vote is not binding, but it does require the Town of Batavia Planning Board to vote with a +1 margin to approve the project.

The site for the project is 3833 W. Main Street Road, Batavia. It is 33.4 acres and would contain 110 apartment units that would be marketed to middle-income residents age 55 and older.

There's currently no senior housing in the area designed for middle-income residents, said Ben Gustafson, a civil engineer with Hunt Engineers/Architects/Surveyors, and representing the developer, Calamar.

The project calls for 1.5 parking spaces per unit, which is a variance from the town's 2-per unit ordinance. 

Gustafson explained that two per unit is excessive by modern planning standards, the county's own planning goals and what Calamar's studies of its own 15 similar complexes shows is necessary.

In some Calamar locations, the local ordinance requires only one parking space, but even there, because of Calamar's own experience, they put in 1.5.

"What we're proposing is in keeping with sustainable development throughout this country by not providing more parking than is required," Gustafson said. "Our studies show we need far less than two spaces per unit."

Multiple board members expressed concern about 1.5 parking spaces, even so.

"The 1.5 parking per unit is unrealistic," said Mel Wentland, board chairman. "For 55 and older, both members of the family usually have cars. You're under-populating parking spaces. There should be two per unit. There are also people coming to visit, nurses aides, various kinds of help. I don't think the parking (the plan) provides is adequate to meet all the needs of such a community."

Gustafson said it's common for residents in these communities to not even have cars, but if the parking proved inadequate, there's plenty of space on the property that could later be converted to parking if needed.

Another issue is the single driveway for the complex off Route 5.

The main concern of the board is access for emergency vehicles -- what if traffic is tying up the driveway, or there's an accident in front of it?

According to Gustafson, there are fewer than 30 cars an hour that will pass through the driveway, far less than similar-sized units serving younger families. The traffic impact will be minimal and the wide driveway will provide ample room for emergency vehicles.

Board Member Lucine Kauffman said no one on the board is arguing against the need for the project, but that these issues should be addressed before it's approved for development.

Friday, July 11, 2014 at 11:55 am

Photos: Taste of Stafford 2014

post by Howard B. Owens in Stafford, Taste of Stafford

Beautiful weather. Good food. Lots of friendly people. Fun, old-time music. What's not to love about Taste of Stafford each year.

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