batavia

County planners took a dim view of a new Dunkin' Donuts location on West Main Street, on a sliver of a lot between First Niagara Bank and Barrett's Batavia Marine.

After raising doubts about traffic flow, parking, parking for neighboring businesses, signage, building color and design, a motion to approve the project failed 3-5.

There was no follow-up motion to disapprove the project, which is a little more favorable to developer Kip Finley (pictured above). A disapproving vote would have required the City of Batavia Planning Board to approve the plans by a majority plus one. With no recommendation from the county, only a simple majority vote is required for approval.

Still, Finley wasn't happy as he left the meeting.

"Unfortunately, county planning talks about reusing property and building where there's development and not forcing development out into green areas, except they don't vote that way," Finally said. "Fairly disappointed."

Finley acknowledged there's a lot of traffic at the proposed location, but "that's where we put stores."

Planners were concerned that traffic would back up onto the street.

The City had already asked for a lot configuration so that as many as 20 cars could queue up in line, but Finley said that if a Dunkin Donuts store ever had as many as seven cars waiting in line, it would mean the store was a poorly run location.

He said store managers strive to keep traffic moving quickly because many customers won't even stop if they see a few cars already in line.

Planning staff expressed concern about signs in front of the building because of the potential visual impact on Redfield Parkway, which is designated "culturally significant" street by the Genesee-Finger Lakes Regional NYS DOT.

The problem for the proposed Dunkin' Donuts location, Finley said is that with the bank and its trees on the east side and Barrett's on the west side, signs on the sides of building won't have much visibility.

He also said the sign needs to be internally lit to have any meaningful impact on drawing in visitors who might be passing through and are unfamiliar with the area.

• John J. "Jackie" Kelley 1954
• Thomas Hoitink 1965
• John Buckley 1972
• Patrick Fricano 1980
• Dr. Allyson (Shirtz) Howe 1990
• Jaime (Callahan) Hulbig 1998
• Maria (Spiotta) Dentino 1999

A 17-year-old student was accused of causing a disturbance at Batavia High School earlier this week and as a result was arrested by police.

The youth was allegedly disruptive, yelling and using abusive and obscene language while in the presense of the student body in the cafeteria at lunch.

He was charged with disorderly conduct.

The incident was reported at noon, Tuesday.

The arrest is the first reported at the school this year.

Last year, working with Batavia PD, school officials decided to take a more law enforcement-oriented approach with disruptive behavior, especially fighting. The approach greatly reduced problem incidents at the school, officials said.

Previously: The potential for arrest has dramatically reduced fighting at BHS, school officials say

Press release:

The Genesee County Economic Development Center (GCEDC) and Muller Quaker Dairy are the recipients of the 2014 Northeastern Economic Developers Association (NEDA) Project of the Year Award. The award was formally presented to both entities at NEDA’s Annual Conference on Monday, Sept. 8th in Worcester, Mass.

GCEDC was recognized for fostering the development of the 250-acre Genesee Valley Agri-Business Park in Batavia, which has generated more than $230 million of new capital investment as well as the creation of approximately 230 jobs. NEDA also recognized Muller Quaker Dairy, a $206 million state-of-the-art yogurt manufacturing facility, which employs almost 200 people in the Agri-Business Park in the competitive $6.2 billion U.S. yogurt marketplace.

“On behalf of the GCEDC Board of Directors and staff we are honored to be recognized by NEDA,” said Steve Hyde, president and CEO of the GCEDC. “I want to thank Governor Cuomo for his personal commitment in bringing Muller Quaker Dairy to Western New York and his tireless efforts to improve the economic development climate throughout Upstate New York.”

Muller Quaker Dairy is projected to have a regional impact of approximately $150 million annually on the local agriculture, hospitality and business services sectors. Indirect job creation is projected to add another 750 workers to the regional labor force.

“This project is a great example of public and private sector collaboration especially in significantly compressing the timeline for various government approvals,” said Chris Suozzi, vice president for business development at the GCEDC. “Through the collaboration with Empire State Development, the Greater Rochester Enterprise the Buffalo Niagara Enterprise, National Grid, Genesee County, as well as the City and Town of Batavia, we were able to make the case that Batavia and the Agri-Business Park was the perfect location for Muller Quaker Dairy."

Muller Quaker Dairy is a joint venture between one of Europe’s largest dairy processors, Germany-based Theo Muller and New York-based PepsiCo. It is the largest manufacturing plant ever to open in Genesee County.

The NEDA Project of the Year award recognizes a major economic development project based on job creation and other direct economic impacts; capital investment; leveraging of development resources; use of public/private and/or intergovernmental partnerships; benefits to the surrounding community and/or environment; innovation; design excellence; and transportation considerations.

Earlier today, we told you about Schoen LaBombard, the former Batavia resident who bilked several local businesses out of more than $27,000 with a phony story about a chance to drive a bobsled in the Olympics.

This afternoon, we learned that LaBombard still owes more than $15,000 in restitution from the 1994 conviction.

Because of the outstanding restitution, Judge Eric Adams signed a warrant for LaBombard's arrest April 21.

Adams, normally a Family Court judge, is handling the case because Robert C. Noonan was the county prosecutor in 1994.

The warrant may be the one a Florida TV station said is the reason LaBombard is being held by authorities in Daytona Beach after he allegedly pulled a scam to get free food, a free hotel room and $500 by impersonating a Navy Seal.

The ruse was uncovered after LaBombard, who was going by the name Alex Seppi, broke his leg and hotel employees found his correct ID in his hotel room.

No word on when LaBombard might be returned to Genesee County custody. He allegedly hasn't made a restitution payment since 2007.

Sean Vickers, convicted at trial of molesting five children in Batavia, was sentenced today by Judge Robert C. Noonan to 107 years in state prison.

"I agree with the prosecution in this case," Noonan said. "I see no reason to impose anything less than the maximum available terms under the law."

Vickers received 25 years each on his conviction of the first four counts of the indictment against him and a seven-year sentence on count five, plus a couple of decades of post-release supervision (at which point he would be 152 years old if still alive).

On July 31, a jury found Vickers guilty of two counts of sodomy in the first degree, two counts of criminal sexual act in the first degree and sexual abuse in the first degree.

One of the child victims, who was in court today for the sentencing, had Det. Kevin Czora read a statement for him prior to sentencing.

"Sean came to my house and took me to fun places and bought us candy," read the boy's statement. "I called him Uncle Sean. He hurt me. I want him to go to prison for a lifetime."

The mother of a victim also had a statement read by Erin Martin of the Child Advocacy Center.

She said that Vickers hurt her family and her children tremendously.

"Sean did not take into account what he was doing or how it would effect the kids," read the statement. "I don't think you should take into account Sean's feeling in his sentence, because he was only thinking of himself when he hurt my son."

In August, Vickers accepted a plea deal in Niagara County for molesting the same three boys. He entered a guilty plea to three felonies in exchange for a 20-year sentencing cap.

The 20 years, once imposed at a Sept. 26 hearing, and will be served concurrently with the Genesee County sentence. It will also stand even if the Genesee County conviction is overturned on appeal.

Public Defender Jerry Ader indicated in court today that an appeal will be filed and did not make a statement regarding sentencing on his client's behalf.

Vickers also made no statement.

District Attorney Lawrence Friedman noted that the plea offer extended to Vickers in Genesee County before the trial would have offered a 40-year prison term, but Vickers turned it down.

"If the crimes he's convicted of are not horrific enough, we know he sexually assaulted at least five other boys," Friedman said. "We know that's not all. We know that he has a history of pedophilia that goes back decades, literally decades. There are victims of his crimes who have come forward that occurred so far back that they can't be prosecuted under the statute of limitations."

Noonan said the mother of one of his victims from Monroe County was in the courtroom today because she's been tracking Vickers for 24 years.

"She's here to see the justice is finally done," Friedman said.

Noonan opened his brief statement about the 107-year sentence he was about to impose by saying, "This case is the worst one I've ever had. I've been in the criminal justice system for 40 years both as a prosecutor and a judge and I've never had anybody who has been prolific a predator as you have been Mr. Vickers."

The Batavia PTSD Peer Support Volunteers led a 9/11 remembrance ceremony at the VA Center this morning.

Participating were local veterans and the Batavia police and fire departments.

The event honored those who lost their lives on Sept. 11, 2001, and those who have died or gone missing in action in American wars.

Michael Robert Sigl, 22, of Pratt Road, Batavia, is charged with five counts of criminal possession of a forged instrument, 2nd. Sigl allegedly stole some of a neighbor's checks, forged them and cashed them at banks in the City of Batavia. He was jailed on $10,000 bail.

Jamie Renae Wilkins, 37, of Route 31, Holley, is charged with unlicensed operation of a motor vehicle, 3rd, and driving a vehicle with a suspended registration. Wilkins was stopped for an alleged traffic violation at 5:08 p.m. Monday on Route 77 in Alabama by Deputy Joseph Corona. Wilkins was jailed on $250 cash bail or $500 bond.

The alleged scam enabled Schoen LaBombard to enjoy free meals, a free hotel room and a $500 loan.

It was only after LaBombard broke his leg while frolicking with his new friends that the scam was uncovered by hotel employees.  

The folks in Daytona Beach knew him as Alex Seppi, but while he was in the hospital, employees entered his hotel room to secure personal items on his behalf and found an identification with his real name.

There was apparently another person assisting LaBombard in the alleged scam. At one point, a manager spoke with a person who identified himself as Seppi's Navy Seal commander.

At this point, LaBombard is not facing charges in Daytona Beach, but he is in custody on a warrant out of New York (the jurisdiction is not specified in this WESH story). 

For the 1994-era scam in Batavia, LaBombard was required to pay restitution. According to news reports in 2004, he paid about $7,000, but there was still $20,000 outstanding. It's unclear if he ever completed payments.

In that case, LaBombard represented himself as a promising bobsled driver with Olympic dreams and convinced local business owners to donate money to help him pursue his dream. It turned out, he was not on the Olympic bobsled team, though he was a member of the federation.

His criminal history includes stints in prison for forgery and grand larceny, with convictions in Essex County and Albany County.

In Albany, he was once accused of impersonating a police officer to scam a prostitute out of money. According to another news report on that arrest (no link available), he was also accused of stealing more than $8,000 from business partners in the Albany area. He also accused of burglarizing his grandmother's house and stealing checks.

In 2012, the Albany Times Union ran a laudatory story about LaBombard about how he was turning his life around, getting off drugs, and leading a casting call for a reality TV series called "The Comebacks."

City firefighters rescued three people trapped in an apartment during an early morning fire at 2 Lewis Place.

The fire was put out quickly, but upon arriving at scene at 1:30 a.m., firefighters had to first use a ladder to a second-floor window to rescue two adults and one child.

City police officers got two other adults out of the lower apartment.

The cause of the fire is still under investigation.

The fire was in the second-floor apartment.

The fire went to a second alarm because of the potential for the fire to spread into the attic of the row of apartments on Lewis Place. Town of Batavia fire was put on standby. Alexander's FAST team was requested to the scene. Darien fire was requested for their air bottle refill capabilities. Mercy EMS was on scene on standby.

Before other units arrived, they were told to back down from an emergency response because the fire was knocked down.

Four adults and one child were provided temporary housing by Red Cross.

City fire was back in service at 3:45 a.m.

Photo: Photo submitted by Kameko Barlog.

(Initial Post)

A structure fire is reported at 2 Lewis Place in the city. The third platoon is called to the scene along with Alexander's fast team and Emergency Services Unit #2. Town of Batavia is asked to stand by in its quarters.

UPDATE 1:48 a.m.: Fire is knocked down. Those en route are told they can respond non-emergency.

It looks like Dashawn Butler will get his day in court.

So far, Butler has turned down a plea offer to reduce the top charge against him from a Class C violent felony to a Class D violent felony, so today, Judge Robert C. Noonan set a trial date for Butler of Nov. 17.

Butler still has until Oct. 8 to accept the plea, under Noonan's plea-cut off rules.

The Batavia resident is charged with criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony. He's also accused of firing a weapon at another person Sept. 27 on State Street.

Noonan ruled against the defense on a motion to have the charges dismissed. Defense attorney Thomas Burns argued in a hearing two weeks ago that Batavia PD didn't exercise due diligence in trying to locate Butler after a warrant was issued for his arrest in October. That lack of due diligence violated Butler's right to a speedy trial, Burns said. Noonan found that there was not enough evidence that BPD did not try to locate Butler in a timely manner.

The plea offer from District Attorney Lawrence Friedman was unconditional, meaning Noonan would have all the sentencing options available for a person convicted of a Class D violent felony, including a lengthy prison term.

The skeletal remains from a residence on Seneca Avenue, Batavia, have been identified as male, 17 to 25 years of age and of Native American ancestry, Batavia PD said in a statement today.

The findings are consistent with what police were originally told by the resident who contacted BPD, that a relative had located the remains in Letchworth State Park in the 1950s while hunting for arrowheads.

The Tonawanda Seneca Nation has been contacted. The remains will receive a proper burial by the tribe.

Det. Kevin Czora led the investigation into the remains, which included numerous interviews and an examination of the remains by anthropological scientists. 

There is no evidence of injury to the individual and the remains were likely buried in the park for an extended period of time.

On a follow up to her request for smaller monthly restitution payments, Jacquetta Simmons showed up without the two things Judge Robert C. Noonan said she needed today: An attorney and a certified financial statement.

Noonan lectured her briefly on the need to have a proper financial statement, said that he wants to get restitution payments started in this case, and then gave her until Sept. 16 to get her documents together.

And perhaps show up with an attorney.

What Simmons arrived with in court today was a handwritten statement on a blue-lined piece of notebook paper.

"Ms. Simmons, what we need from you is a sworn statement of income and expenses for you and each person in your household," Noonan said. "We need an itemization of all the things you've done while looking for work, not just your conclusionary statement saying you can't find work."

When her case was called, Simmons ambled to the defense table dressed in faded blue jeans and a white T-shirt holding her piece of paper.

Asked about her attorney, Simmons told Noonan that she was under the impression that Key would be in court with her today, and that she spoke with Key after her Aug. 26 court appearance.

In June, the Buffalo News published a report about Key moving from the Buffalo area. His Web site says his office is located in Buffalo.

So when Simmons said she had spoke with him since August, Noonan expressed some surprise.

"Really?" Noonan said. "I thought he left town before that. Perhaps he kept the same cell phone."

Noonan told Simmons she could appear Sept. 16 with or without an attorney. "It's your choice," he said.

Simmons is under court order to make $100 monthly payments in restitution for $2,000 in medical expenses to Grace Souzzi, whom she punched in the face Christmas Eve 2011 after Souzzi asked for a receipt for items Simmons and her brother had purchased earlier at Walmart.

Because she's not working, Simmons has asked that the amount of monthly payments be reduced.

After the brief hearing, Simmons turned from the bench and walked away, mumbling something under her breath.

On Monday, Sept. 15, city maintenance workers will be milling a portion of the mall parking lot, weather permitting, between Dan's Tire and Auto and Genesee-Lawley Insurance. That's from Alva Place to the main driving lane. The area will be closed from 7 a.m. to 5 p.m.

On Tuesday and Wednesday, Sept. 16 and 17, weather permitting, a city crew will pave this area and the parking lot will be closed from 7 a.m. to 5 p.m.

Here's what residents living in flood-prone areas in Batavia need to know: The city can help lower the cost of flood insurance, but nothing can stop it from going up.

Assistant City Manager Gretchen DiFante, hired primarily to help the city get a comprehensive flood insurance program going, said the cap on annual insurance-rate increases is 18 percent (it used to be 25 percent). If the city's program works as intended, the best result would be 15-percent lower premiums for local homeowners.

Rates will rise, she explained after the Monday City Council meeting, until an insurance company reaches 100-percent coverage for an individual property according to its actuarial tables.

"Not everybody is going to go up and not everybody will go up at the same rate," DiFante told the council.

This is an important issue, she said, because the rising cost of flood insurance will make it harder and harder for property owners to sell their homes. That leads to more sub-par rentals, more abandoned houses, higher crime and less tax money for local schools.

"When you look at the map, you have to realize, this is more than a thousand homeowners who are not going to be able to sell their homes if something doesn't change," DiFante said.

"I don't care where you live, it ought to be a concern," she added. "If it's not, it should be."

DiFante's job is to work with FEMA to get the city into community rating system (CRS) of the National Flood Insurance Program (NFIP).

Cities accepted into the program get class ratings. A Class 7 community gets a 5-percent reduction in flood insurance rates, and a Class 9 community gets 15 percent.

There are two main components to the ratings:

• Reduce a community's flood exposure through mitigation activities;
• Obtain individual flood insurance reductions for residents in flood map areas.

But the process is far more complex than those two simple points, DiFante said.

"It is a daunting process, which is why I think there's only 27 communities in New York who have taken this on," DiFante said. "There's so much information you have to put together and in such a specific way you have to do it. Then every time you've got different reps from ISO who come in, everybody's kind of got their own way interpreting what you've done."

On a broad scale, the city will need to review zoning and building codes and make adjustments to mitigating flooding issues.

On an individual homeowner basis, the city can provide guidance and perhaps secure grants for elevation certificates that could lift some homes out of the flood map, or improve an individual property's rating.

The elevation certificate process can also provide property owners with guidance on improving their property from a flood exposure perspective.

It will be at least 16 months before the city realizes any benefits from its flood insurance efforts.

Red areas are floodplain.

Here are the latest indictments issued by the Genesee County Grand Jury>

Jeffrey M. Black is accused of driving while intoxicated as a Class E felony. It is alleged that on May 25, 2013, hedrove a 2000 Harley-Davidson motorcycle in the Town of Byron while intoxicated. In count two of the indictment, he is accused of driving while intoxicated, per se, as a Class E felony for allegedly having a BAC of .08 or more.

John J. Saddler is accused of criminal mischief in the second degree, a Class D felony. It is alleged that on Aug. 16 in the City of Batavia he acted with intent to damage the property of another person and, having no right to do so nor any reasonable ground to believe that he had such right, damaged the property of another person in an amount greater that $1,500. The damaged property was a glass door at the Genesee County Jail.

A single-car accident is reported at 206 E. Main St. in the city. Unknown injuries. Mercy medics are on scene and Engine #11 is responding. The vehicle is smoking.