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Law and Order: Le Roy teen charged with sexual abuse in cases involving a 12- and a 10-year-old

By Billie Owens

Austin Shipley, 17, of East Main Road, Le Roy, is charged with second-degree attempted sexual abuse and endangering the welfare of a child. The subject was arrested on May 17 following an investigation into allegations that the subject had inappropriate physical contact with a 12-year-old at 5 p.m. on April 11 on East Main Road, Le Roy. In a separate case, Shipley is also charged with first-degree sexual abuse and endangering the welfare of a child following an investigation into allegations that the subject had inappropriate physical contact with a 10-year-old at 5 p.m. on April 19 on East Main Road, Le Roy. After arraignment in Le Roy Town Court, Shipley was released under supervision of Genesee Justice. Both cases were handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Rachel Diehl.

Theresa K. Beardsley, 52, of Walnut Street, Batavia, is charged with second-degree harassment. She was arrested after allegedly striking a male at an apartment on Walnut Street at 6:53 p.m. on May 10. She was issued an appearance ticket for May 24 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Christopher Camp.

Ashlee S. Thomas, 19, of Liberty Street, was arrested at 7:30 p.m. on May 8 after police responded to a report of a large disturbance in the area of 121 Liberty St. in the city. She is charged with second-degree obstructing government administration and second-degree harassment. It is alleged that she interfered with Batavia police officers who were attempting to arrest another subject. She was issued an appearance ticket for May 24 in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Geoffrey M. Anderson, 50, of East Main Street, Batavia, is charged with second-degree harassment. He was arrested following a complaint that he approached a USPS mailman at 12:30 p.m. on May 16 and repeatedly threatened him. He is to appear in City Court on May 24. The case was handled by Batavia Police Officer Jason Ivison.

John M. Galit, 29, of Kyser Lake Road, Dolgeville, is charged with common law DWI, unlicensed driver, and DWI. On May 16, city police were notified that an accident occurred in the parking lot of Applebee's by a NYSP investigator who was following the vehicle at the time. Batavia PD stopped the vehicle at 6:25 p.m. on Oak Street. Galit was allegedly found to be operating the 2015 Ford F-250 while intoxicated and he was arrested. He was released on appearance tickets and is to be in City Court on June 8. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Jamie Givens.

Roy D. Hooten, 55, of South Main Street, Batavia, is charged with third-degree criminal mischief. He was arrested at 11:56 p.m. on May 15 as the result of a complaint from the staff at UMMC in which it is alleged that he damaged hospital property during an incident at 9:58 p.m. on May 15. He was jailed without bail and was due in City Court Monday. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Wojtaszczyk.

William B. Gorton, 21, of 8410 E. Main Road, Le Roy, was arrested and charged with one count of third-degree criminal mischief, an E felony. It is alleged that on or about May 17, Gorton damaged an electric door lock at an address on Lake Street in Le Roy when he intentionally struck the door numerous times. The cost to repair the locking mechanism is in excess of $250. Gorton was arraigned in the Le Roy Town Court, released on his own recognizance and is to reappear in town court at a later date.

David M. Pero, 64, of Trumbull Parkway, Batavia, is charged with open burning. At 2 p.m. on May 8, police and city firefighters responded to the area of 667 Ellicott St. for the reported unknown-type fire. Upon arrival, an open burn was located. A subsequent investigation was conducted and Pero was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by police Sgt. Dan Coffey.

Sara A. Howard, 21, of West Bergen Road, Le Roy, is charged with possession of a hypodermic instrument and second-degree criminal impersonation. At a traffic stop at 10:20 a.m. on Oak Street in the City of Batavia, Howard allegedly attempted to provide a false name to an officer. She was also allegedly found in possession of a hypodermic needle. She was arrested, arraigned and released under supervision of Genesee Justice and is to appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Devin P. Hofert, 20, of Hutchins Street, Batavia, is charged with trespass. Hofert was arrested for trespass at 11:58 a.m., May 17, on East Main Street, Batavia, after allegedly being on a premise that he was previously advised to avoid. He is to be in City Court on May 24 to answer the charge. The case was handled by Batavia Police Officer Jason Davis.

Andrew C. Webster, 23, of Gillette Road, Alexander, is charged with trespass. At 7:35 a.m. on May 13, Webster was located in a tent behind 269 State St. and was arrested for trespass and was to appear in City Court on Tuesday. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Lena M. Evans, 28, no permanent address, is charged with trespass. She was arrested at 7:35 a.m. on May 13 following an investigation of a tent that was found on private property on State Street in the city without the landowner's consent. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Jason Davis.

Sandra L. Longhini, 55, of South Spruce Street, Batavia, is charged with unlicensed dog and dog running at large. On May 12 at 6:30 p.m., Longhini's dog was allegedly found running loose in backyards and on the street and it allegedly is not licensed with the City of Batavia. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Jamie Givens.

Matthew P. Parker, 26, East Center Street, Medina, was arrested on May 12 on an active warrant out of Batavia City Court for allegedly failing to pay a fine issued by that court for excessive noise on May 24, 2015, on Summit Street. Parker was due in court today. The case was handled by Batavia Police Officer Chad Richards.

John Thomas Kingsley, 39, of Royce Road, Varysburg, was arrested on an active bench warrant out of Batavia City Court for allegedly failing to pay a fine for a traffic citation issued on Bank Street in July of 2014. At the time of his arrest, Kingsley was a passenger in a vehicle that was stopped by Troopers in Rochester. He was subsequently picked up by Batavia PD. He posted bail and is to be in City Court on May 31 to resolve the matter. The case was handled by Batavia Police Officer Chad Richards.

Public info meeting June 15 on Tonawanda Creek Bridge Rehab project at River Street

By Billie Owens

Press release:

The Genesee County Highway Department will conduct a Public Information Meeting to discuss the River Street over Tonawanda Creek Bridge Rehabilitation project in the City of Batavia. The meeting will begin at 7 p.m. on June 15 in the Council Board Room, 2nd Floor City Hall, One Batavia City Centre in Batavia.

The project will involve the rehabilitation of the River Street Bridge over Tonawanda Creek. The preferred alternative is to replace the existing bridge superstructure while reusing the existing concrete abutments and pier. The rehabilitated structure will maintain the current 34-foot roadway width and the 5-foot wide sidewalk on the east side of the bridge. The project will include new bridge rail and minimal approach reconstruction.

The project is being progressed as Project Identification Number (PIN 4760.62), by the Genesee County Highway Department, the New York State Department of Transportation (NYSDOT), and the Federal Highway Administration (FHWA). At present, the project is in the preliminary design phase.  Representatives from the Genesee County Highway Department, NYSDOT, and Barton & Loguidice, D.P.C., will be available at the meeting to answer questions and obtain comments on the proposed project from individuals, groups, officials and local agencies.

Questions regarding this meeting may be addressed to Mr. Timothy Hens, P.E., Superintendent, Genesee County Highway Department at (585) 344-8508.

Wood Street and Highland Park to close for paving May 24 and 25, respectively

By Billie Owens

Press release from the city's Bureau of Maintenance:

Wood Street and Highland Park will be closed on May 24th and 25th, between 7 a.m. and 5 p.m. for paving operations. Wood Street will be paved first on May 24th, and Highland Park will be paved on May 25th.

Residents and businesses are not to park on the roadway during paving operations.

Highland Park and Wood Street will be closed to all through traffic. Residents and businesses of these streets, will have limited access to their properties and should expect delays when paving operations are ongoing. If work is postponed by weather, work will be rescheduled for the next calendar work day.

All other traffic is asked to avoid this area and seek alternative routes.

Photo: Tree and gravel road

By Howard B. Owens

A tree and gravel road behind County Building #2, off West Main Street Road, Batavia.

Herbs the theme of the day for interagency meeting

By Howard B. Owens

Master Gardener Jane Grehlinger talks about container gardening during the annual joint meeting of the Genesee County Interagency Council at the ARC Community Center in Batavia.

The meeting focused on a "green thumb" theme and included the planting and growing of herbs along with a local chef discussing cooking with herbs.

Photos: 2016 United Way Day of Caring

By Howard B. Owens

Hundreds of Genesee County residents spread out throughout the community today to provide volunteer labor for organizations during United Way's annual Day of Caring.

Above, staff from Graham's manufacturing plant flowers for an elderly resident in Batavia. The flowers and mulch were donated by Pudgie's and the Home Depot.

We also have pictures of employees of Tompkins Financial at the Batavia Peace Garden, members of Kiwanis and Leadership Genesee 2011 at the Youth Center and the Community Garden, and the Lions Club at Adam Miller Toy and Bicycle fixing bikes for Genesee ARC.

Group photo by Kevin Carlson, owner of Carlson Studio.

Items on Tuesday's Town of Batavia Planning Board agenda

By Howard B. Owens

From the Town of Batavia Planning Board's meeting last night:

  • Jeff Price met with the board to discuss his plans for two or three off-road truck events at the Genesee County Fairgrounds this year. Called Flex Rock 4x4, Price organized two events last year and he said they went very well. The first event wasn't well publicized and the turnout was mostly local drivers and truck owners, but by the time the second event rolled around, word had gotten out and drivers came from as far away as North Carolina. He said neighboring residents attended the first event to see what it was about and he hasn't received any complaints. He said the fair board is happy with his events. He asked the planning board for a letter approving the events, which the board will provide.
  • Chris Moiser, owner of Area 51, presented his plans for the 2016 season and received board support. He is planning races June 4-5, July 2-3, July 30-31, Sept. 3-4 and Nov. 13, with an MX race Oct. 29-30 and the Dirty Girl Mud Run on July 16.
  • Dale Banfield presented plans for outdoor concerts at the Waggin Wheel restaurant on Park Road. He's planning on hosting a couple of concerts featuring country bands and '80s classic rock. The concerts will be in a fenced-in area with proceeds from food sales going to local volunteer fire departments. Ticket sales would cover the cost of the bands. He said he's already spoken with representatives fo Batavia Downs and COR Development about parking and traffic and he said both are willing to work with him. He said he plans to have the venue entrance behind the Waggin Wheel, along the property line with Batavia Towne Center. A special use permit is required and a public hearing was set for June 21, by which time the board expects Banfield to have more details worked out.
  • The board approved a site plan review for Alpina Foods, which is planning a 3,360-square-foot expansion. No representatives of Alpina attended the meeting.

School district election results

By Howard B. Owens

Here are Tuesday's available election results:

Batavia City Schools:
The Budget - $44,366,439 (increase of $1,258,066 or 2.92%: $0.00 increase in tax levy)

  • Yes - 407  (85.86%)
  • No - 67  (14.14%)

Student Ex-Officio Board Member (non-voting) 

  • Yes -  436  (92.57%
  • No - 35  (7.43%)

Board of Education positions: three positions, with top two votes terms are full term from July 1, 2016 to June 30, 2019 ,and the lowest vote is a partial term from May 17, 2016 to June 30, 2018 

  • Patrick Burk 385  (May 17, 2016 - June 30, 2018)
  • Peter Cecere - 427  (July 1, 2016  -June 30, 2019)
  • Karen Tomidy - 424   (July 1, 2016 - June 30, 2019)

Elba Central Schools:

Proposition #1 - 2016/2017 Budget - $9,260,316  --   Passed  (129 Yes/38 No)

Proposition #2 - Purchase of one (1) 65 Passenger Bus   --  Passed  (130 Yes/39 No)

One Board of Education Seat, One Candidate: Michael Hare (142 Votes)

Oakfield-Alabama Central School District:

Proposition #1: Budget:  Yes:   293 / No:  44

Proposition #2: Buses:   Yes:  280 /  No:  52

Board Members:  

  • Jeff Hyde (Incumbent) 248
  • Matt Lamb, 170

Holly Baxter receives award for crisis hotline work

By Howard B. Owens

Holly Baxter was honored Tuesday during the Mental Health Association's annual luncheon at Terry Hills with the Constance E. Miller Award of Excellence for her work with the crisis hotline at the YWCA.

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BID forced by budget constraints to cancel Summer in the City

By Howard B. Owens

There will be no Elvis impersonator, no hot rods, no dunk booths, no kettle corn on Main Street in Batavia this August. 

Summer in the City is cancelled for 2016, and quite likely, in any future summers, according to Laurie Oltramari, executive director of the Batavia Business Improvement District.

Oltramari is in her first year as BID director and since taking the position learned that city is clamping down on the BID's operational budget, restricting spending to just $55,000 a year.

In recent years, the BID has spent $120,000 on operations, but City Manager Jason Molino said the BID has been allocating more of its special tax levy to operations than state law allows.

The law allows only 20 percent of the city's levy on properties in the BID to go to an improvement district's operations, plus an additional levy to service any debt.

The BID took on nearly a million in bonds in 1999 to fund a series of upgrades to downtown, such as new street lamps, paving stones and landscape improvements. The BID's final $15,000 payment will be made this year.

While Molino's insistence this year that the BID follow the budgeting requirements of the General Municipal Law, a memo Molino prepared for next week's City Council meeting makes it clear that prior to Oltramari taking the director's job, he tried to bring the requirement to the attention of the BID.

"When reviewing prior records, budgets and the district plan, the BBID (Batavia Business Improvement District) has struggled to comply with the GML regarding oversight of assessment funds and consistency with the district plan," Molino tells council members in the four-page memo. "In addition, as recent as 2013 and 2015 the city has advised the BBID of both budget management concerns as well as compliance with the GML faults."

Dropping Summer in the City is the biggest change in the BID's budget, Oltramari said, but there will be other cuts, including cutting down the hours worked by her part-time assistant.  

There are other annual programs that the BID sponsors that will continue, Oltramari said, because they both make money and do a better job of promoting downtown businesses, including the Fall Wine Walk, Beertavia (in June) and Christmas in the City. All are self-funding, if not profitable, and help boost local business, but downtown merchants have long complained that Summer in the City took away parking while doing little to generate foot traffic into their stores. Oltramari said it generated very little revenue for the BID.

Even without Summer in the City, the BID can continue to work hard to promote downtown, Oltramari said, and seek out opportunities for "small victories" that in the long run can pay off big for the local business community.

Winners announced in city Youth Bureau's 3 on 3 Basketball Tournament

By Billie Owens

Press release:

The City of Batavia Youth Bureau sponsored a citywide 3 on 3 Basketball Tournament on Friday, May 13. Ten teams competed in the double elimination tournament. Teams represented were Youth, Batavia Police, Batavia City Hall and Genesee County Dept. of Social Services.

The Batavia Youth Bureau is planning another tournament later this summer to continue this community event that creates interaction between youth and public servants.

Below are photos (submitted, IDs from left) of the first-, second- and third-place teams and the Youth Team playing the Batavia Police/City Hall Team.

First Place: Malachi Chenault, Trenton MaGraw, Dakota Irvin and Jordan Thomas.

Second Place: Luqman Baity, Ally Luckenbach and Alex Nesbeth.

Third Place: Anthony Garcia, Juan Claudio, Nashiem Harris (not pictured -- Jeff Redband).

(Names not provided.)

Batavia Gulf War vet to march in National Memorial Day Parade

By Billie Owens

(Submitted photo of George Mirrione when he arrived home after serving in the Gulf War.)

Press release:

Twenty-five years ago, more than 600,000 service members took part in Operation Desert Storm, at the time the largest deployment of U.S. Armed Forces since Vietnam. George Mirrione, then an Army Private First Class was attached to the 5th Engineer Battalion(Combat) of the 24th Infantry Division (Mechanized) was one of those who left friends and family behind to serve our nation and secure a victory for freedom.

On May 30, Mirrione, who grew up in Akron and now lives in Batavia, will march among more than 500 Gulf War veterans in the American Veterans Center’s National Memorial Day Parade in Washington, D.C.

To mark the 25th anniversary of Operation Desert Storm and honor those who served and sacrificed, the National Desert Storm War Memorial Association and America Veterans Center have invited more than 500 Gulf War veterans to reunite at the National Memorial Day Parade. The veterans are participating thanks to the National Desert Storm War Memorial Association and its mission to honor the legacy of the Gulf War though building a monument in the nation’s capital to the 383 service members who fell during the war and honoring those who served in this pivotal moment in world history.

“While foremost our mission at the National Desert Storm War Memorial Association is to build a monument to our fallen brothers and sisters, we are also committed to honoring the many hundreds of thousands of men and women who left homes, jobs, and families to stand up for America’s values,” said Scott Stump, founder, president and CEO of the National Desert Storm War Memorial Association.

“We are so glad that veterans like George Mirrione are marching with us to teach Americans about the service and sacrifice made by all veterans of Operation Desert Storm.”

Mirrione and other veterans will follow part of the same route service members returning from the Middle East marched 25 years ago. Like their comrades of the past, Mirrione will be met with the cheers of hundreds of thousands of patriotic Americans. By honoring Gulf War veterans alongside veterans of World War II, Korea, Vietnam, and our most recent wars in Iraq and Afghanistan, the parade will cement Operation Desert Storm as one of our nation’s key battles for freedom.

In 2014, Congress passed legislation and President Barack Obama signed a law approving construction of the National Desert Storm War Memorial in Washington, D.C. Since that day, the National Desert Storm War Memorial Association has been working to build the monument and aims to raise the millions of dollars needed to support that mission.

To learn more about the Desert Storm War Memorial Association and its participation in the Memorial Day Parade, contact Fred Wellman, Public Relations chair, NDSWM Board of Directors at 202-957-2688 or fred.wellman@ndswm.org. To learn more about the American Veterans Center’s National Memorial Day Parade, visit http://www.americanveteranscenter.org/avc-events/parade/

ABOUT THE NATIONAL DESERT STORM WAR MEMORIAL ASSOCIATION:
The National Desert Storm War Memorial Association is a 501(c)3 organization with the sole mission of constructing a Desert Storm War Memorial in Washington, D.C. The association is led by a board of directors comprised of Desert Storm Veterans from all branches of the military and from across the country. You can learn more about the effort and donate to this important cause at www.ndswm.org.

Hoping you can help find 'Hops' -- a Batavia bunny on the loose

By Billie Owens

Submitted photo of "Hops."

"Hops" is on the lam. She's a "chubby," double-chinned eight-pound bunny who hails from the yard at the southeast corner of Maple Street and Ganson Avenue in the City of Batavia.

Hops was last seen by her family, the Rapones, on Sunday. The 3-year-old is white with gray around her eyes and ears.

"I'm starting to freak out a little," said Polly Rapone this morning, who says she's scoured the neighborhood in search of the pet, one of six bunnies, two cats, two chocolate labs, a fish and a turtle who live at 23 Maple St..

Guy and Polly Rapone, who five children together, four school-aged, have allowed Hops -- in good weather -- to lounge and ambulate at will about their large yard, which is only fenced on two sides, while her rabbit relatives are mostly caged. She's usually content to sit at the edge of the yard with her nose twitching through the chain-link fence.

But this latest escapade, one of several over the course of her little lifetime, has Polly particularly stressed out.

For one, she's been gone longer than on her other forays and, two, well, enough is enough.

"She's going back in the cage," said Polly, with prescient hopefulness about the fate of their beloved bunny rabbit.

If you have information which might lead to the capture of Hops, please contact the Rapone family at 219-4657. No questions asked!

Photos: New terminal at county airport

By Howard B. Owens

The County Legislature's Public Service Committee held its monthly meeting at the new terminal at the County Airport. Before the meeting, County Highway Superintendent Tim Hens gave attendees a tour of the facility.

We'll have coverage of the meeting later today.

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