batavia

A bicyclist was reportedly struck by a vehicle at West Main Street and Redfield Parkway. No word on injuries. Mercy medics are responding.

UPDATE 12:26 p.m.: A responder reports no injuries. Nothing blocking traffic.

A car is stuck in a creek and the driver is injured at 8900 Creek Road. Town of Batavia Fire Department and Mercy medics are responding.

The car reportedly struck a pole and went off the road into the creek. The pole and wires are down across the roadway. The location is between Lehigh Avenue and Dorman Road.

UPDATE 12:55 p.m.: Howard at the scene reports the driver is out and her only apparent injury is a rash from the shoulder harness of the safety belt. She was swatting at a bee and apparently lost control of the car. She was driving a black Chevy Malibu, which struck a pole, and there's a wire across the roadway, put no pole is down. This occurred at the curve on Creek Road between Lehigh Avenue and Lehigh Road. The vehicle landed, not in a creek, but in a ravine which is sometimes filled with water.

With 344 employees, O-AT-KA Milk Products is already Genesee County's largest private employer, and CFO Michael Patterson promised the Genesee County Economic Development Center Board a taxpayer-assisted expansion will result in a workforce expanded by 21 positions.

The expansion, at a cost to O-AT-KA of $20 million, will result in greater efficiency, a product and market expansion and greater employee safety, Patterson said.

"This is a real game changer for O-AT-KA," Patterson said. "It will allow us to grow while we focus on efficiency and employee safety."

Patterson described the region as "heavy with milk," and the expansion will help O-AT-KA improve its capacity to create new products and expand into additional markets.

O-AT-KA is seeking $2.26 million in sales tax and property tax exemptions.

In making a motion to set a public hearing on O-AT-KA's application, Board Member Craig Yunker said, "This is really important to our region and our dairy industry, which is the back bone of our local economy. I don't know of a more important project."

The date of the hearing, which the board approved unanimously, has not yet been determined, but will be within the next two or three weeks so the board can vote on whether to grant the tax exemptions at its next meeting.

“This is a tremendous investment being made by one of the largest private-sector employers in Genesee County,” said GCEDC Board Chairman Paul Battaglia. “It also demonstrates a long-term commitment to our community by the company in building a state-of-the-art facility to enhance its manufacturing operations now and in the future.”

CALLING ARTISTS OF ALL AGES: Enter for a chance to win one of several great prizes, including our top prize of $250 for 1st Place! Right now we have very few adult artists signed up to chalk so your chances of winning big are, well... BIG! We also have a People's Choice category for the public to vote on their favorite with the winner receiving a gift basket from Alex's Place Restaurant!

Teens can walk away with a $75 cash prize and our youth prize is a $75 gift basket from Adam Miller Toy and Bicycle! The contest takes place during Summer in the City this Saturday, Aug. 15th. Artists can start at 9 a.m. and work until 5 p.m. Judging and awards will be presented immediately after and announced on stage!  Artists can enjoy food, drinks and entertainment from the Summer in the City festival.  

With every artist's registration, you will receive a goody bag consisting of a box of 24 chalks to get started, an event T-shirt from T-Shirts Etc., and a Snapple beverage from CH Wright!  

If you are an area artist and are a member of GO ART! or Batavia Society of Artists, your registration is discounted by 50 percent!   

This contest is raising money for future art events through GO ART!, and will help fund the youth art program at GO ART!, which helps bring art programs to children all around our county.  

A huge shout out to our platinum city sponsors that have made this event possible: Main Street Pizza Co., Alex's Place, Batavia Business Improvement District, Adam Miller Toy and Bicycle, CH Wright and T-Shirts Etc.! And many many more! Register today by click here.

It's a year today since local musician Frank Penepento started playing the National Anthem on his trumpet every morning at 7 a.m. at the VA Center in Batavia.

This morning, he was joined by several other players, including Mitch Cayea, now in the Navy and home on leave, who was in high school when he first filled in for Penepento on a morning Penepento couldn't play.

Penepento missed a period of playing while recovering from neck surgery, so other trumpeters filled in for him, and all but one of those stand-ins joined him this morning.

Besides Cayea, playing this morning were Harold McJury, Donny Allen, Ross Chua, Don Shirk and Tom Cecerce. Unable to play this morning was Richard Samsel.

Together, the group has performed the National Anthem at 7 a.m. at the VA Center through rain, sleet, snow, zero-degree mornings and golden ones like today.

Previously: Trumpeter plays National Anthem every morning at VA to honor veterans, and his father

A car versus motorcycle accident with injuries is reported at 142 S. Main St. near Roosevelt Avenue.

City firefighters and Mercy medics are responding.

UPDATE 12:03 a.m. (by Howard): The accident involved a scooter and a deer. The rider suffered only minor injuries and was transported to UMMC for evaluation. The deer ran off. There was blood from the deer on the front fender of the scooter.

Jonathan H. Wojtusiak, 31, of East Avenue, Batavia, is charged with endangering the welfare of a child and petit larceny. Wojtusiak is accused of stealing money from a tip jar at a local business in the presence of his son.

Morgan L. Cox Jr., 23, of South Spruce Street, Batavia, is charged with violation of probation, harassment, 2nd, obstructing governmental administration, 2nd, resisting arrest and criminal contempt, 1st. Officer Jamie Givens and Sgt. Christopher Camp attempted to arrest Cox on a warrant at 511 E. Main St, Batavia, at 5:06 p.m., Tuesday. Cox allegedly hid in a closet of the residence and then fought and struck police officers when they attempted to place him in custody. Cox was jailed without bail.

Cheryl M. Lyons, 49, of East Main Street, Batavia, is charged with harassment, 2nd, resisting arrest and obstruction of governmental administration. Lyons allegedly interfered with an attempt by police officers to arrest another person at 511 E. Main St., Batavia, at 5:06 p.m., Tuesday.

Tyler J. Glaser, 18, of Alden, is charged with trespass. Glaser allegedly walked on another person's property on Sumner Road, Darien, and was told repeatedly to leave and didn't, so State Police were called and Glaser was arrested.

Kayla M. Geissler, 23, of Batavia, is charged with unlawful possession of marijuana, following too closely and speed not reasonable and prudent. Geissler allegedly fell asleep while driving northbound on Route 98, Alexander, causing her to strike the rear of another vehicle. Upon further investigation, a trooper allegedly found a multicolored smoking device, a purple grinder, a glass jar, with all containing less than 25 grams of marijuana. (Initial Report)

The body of a man found Friday in the Tonawanda Creek has been identified as Troy M. Hickman, 49, of 200 Lehigh Avenue.

Hickman was identified after family members reported him missing during the course of the investigation into the discovery of the body in the creek behind Kibbe Park.

Due to the condition of the body, the Monroe County Medical Examiner's Office relied on dental records to confirm a positive identification.

The cause of death or timing of his death remains undetermined.

Batavia PD detectives are trying to piece together a timeline of Hickman's activities prior to his death.

Additional medical tests by the ME's office that may assist in the investigation could take several more weeks.

Batavia PD said no further information would be released based on the ongoing nature of the investigation.

Batavia Society of Artists and Batavia Players teamed up Tuesday night for a unique arts event in Jackson Square. The artists made art, the players were the models, in character for an upcoming performance of "Alice in Wonderland." Artists were encouraged to paint or draw in whatever medium they preferred. Some sketched, some used acrylics and others put chalk to cement. The players also rehearsed their parts for the show. There was also a wine tasting featuring Midgard Winery, of Corfu.

Rochester has had the nickname of “Image Capital of the World” due to its famous industries. It is also well known as a center for visual arts, particularly photography. The premier photography-only gallery in Rochester is Image City on 722 University Ave. Every month they rotate their exhibits featuring the best photographic art the city has to offer.

This month Batavia is more than well represented. Works from seven local photographers belonging to the Batavia Photography Club are hung on the walls. They are in a special exhibit in the East Gallery that will remain open until Sept. 6th. The first Friday art walk exhibit opening party is this week, Aug. 14th, from 5:30 to 8:30 p.m. All of the local photographers are expected to be in attendance; come on out and show them your support. Admission to the gallery is always free.

For more information, a preview of the show and normal gallery hours please click here.

We've received a couple of messages asking "what was going on at Movies in Motion?"

There was nothing going on at Movies in Motion.

Police responded to a report of a domestic incident at an apartment behind the business on East Main Street.

Batavia PD, Sheriff's Office and State Police all reportedly responded.

We'll provide additional information as it becomes available.

NOTE: The inquiries about this came 45 minutes to an hour after the incident. If you see something going on and want us to check it out, don't assume we know about it. The new radio system provides spotty coverage. It's easier for law enforcement to encrypt messages and, in some cases, law enforcement has always tried to keep radio traffic to a minimum. If you see something, say something. I can be reached at howard@thebatavian.com or you can text me at (585) 260-6970.

A picnic table like this one costs up to $500 each. Of course, writing a few letters on it, or drawing a Batman symbol on it, isn't going to mean it needs to be replaced, but taxpayers did purchase it.

Saturday, John F. Brown, 56, of Woodcrest Drive, Batavia, was allegedly caught marking on a picnic table like this one at Williams Park. He is charged with criminal tampering, 3rd. 

Not the crime of the century, a fact repeatedly noted by readers on The Batavian and on The Batavian's Facebook page.

However, City Manager Jason Molino has raised the issue to City Council several times over the past two years -- the city is facing a costly problem, vandalism in the city's parks. The vandalism is costing taxpayers thousands of dollars a year, Molino said.  

"When you say vandalism, it could be broke things, it could be from people defecating on the walls in the bathroom, which they do, or writing on the walls," Molino said. "We pay to clean that up."

Vandals destroyed a $10,000 slide in Austin Park last year. Another took a baseball bat to a water fountain. It's still out of service. Tennis nets and poles have been destroyed, basketball nets ripped down and bathroom fixtures broken.

The vandalism along with other potential criminal activity in the parks has police officers being a little extra vigilant, said Molino.

"Vandalism is one thing, but there are things that happen in parks after dusk, and no one is immune to it in any community," Molino said. "You've got sometimes drug use, vandalism, other things, and the patrols being out, checking on the parks is part of their regular patrols and it is important. Making sure people aren't doing bad things there, whether it's vandalism or something else."

Chief Shawn Heubusch said he's well aware of the heightened concern about vandalism in the parks, but that isn't the only reason officers take some time as part of their regular patrols to check on the parks.

"This is a concern of the city," Heubusch said. "We're dealing with people destroying property. Are there bigger crimes out there we could be pursuing, absolutely there are, but we have to acknowledge and we have to work on all crimes that take place in the city, not just the ones that get headlines, so to speak."

Brown's arrest was the result of an officer, Jason Davis, doing his job and checking on a park, Heubusch said. It just happened to be an allegation of vandalism this time.  

"When they're patrolling, that's an officer's job," Heubusch said.. "They're looking for people that are committing crimes. They're looking for people who are breaking the law. They're looking to make a difference, so the officer who observed him doing this was doing his job."

Photo for illustration purposes only. We don't know who the suspect is for this vandalism.

During public comments at City Council on Monday night, John Roach used words like "mangled" and "butchered" when talking about some of the tree trimming along power line routes in the city.

We asked Steve Brady, spokesman for National Grid, about the tree trimming, and here's his statement:

"We appreciate the concerns homeowners have when it is necessary for us to prune trees, and we work hard to maintain a balance between safety and reliability, and aesthetics. The work we are doing in Batavia, and specifically Oak Street, is no different than forestry work we do all across our service area. The primary purpose is safety, for the public and our crews. It is also a reliability issue, as trees pose the biggest threat to service, especially in bad weather.

"We prune trees to certain specifications depending on the configuration and voltage of the lines. In this case, our standards generally call for clearances of 6 to 10 feet horizontally in either direction, and 10 to 15 feet above and below, again depending on locale, voltage and so on. We work in communities on 5 to 7 year cycles, as we have found that – on average -- pruning on that cycle keeps up with tree growth fairly well.

"National Grid’s pruning practices were developed with the U.S. Forest Service and endorsed by the International Society of Arborculture, the National Arbor Day Foundation and other tree care professionals. Since 2000, the National Arbor Day Foundation has annually recognized National Grid as a “Tree Line USA” utility, one of a select group of utilities to earn this honor.

"National Grid offers a program called '10,000 Trees' that provides grants to municipalities encouraging them to plant low-growing varieties of trees that pose a lesser safety concern to our lines. The City of Batavia has participated in the program since 2007. We also make information available to customers regarding tree trimming, customer responsibilities and advice on what and where to plant. A link to it is here: https://www1.nationalgridus.com/ElectricSafety

Sometimes the tree trimming produces quasi works of art, as with this nearly heart-shaped pair of trees on Pearl Street Road.

One possible solution for "mangled" trees, as well as a way to reduce storm-related power outages is the undergrounding of utilities.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider a project from O-AT-KA Milk Products at its Aug. 13 board meeting. 

O-AT-KA Milk Products plans to add 205,000 square feet of warehousing space to its manufacturing facility on the corner of Ellicott Street and Cedar Street in Batavia. The project is expected to create 21 new jobs and the capital investment is approximately $20.9 million.  

The GCEDC Board meeting is public and will take place at 1 p.m. on Thursday at the Innovation Zone Conference Room at MedTech Centre -- 99 MedTech Drive, Batavia, on the first floor, across from Genesee Community College.

The future home of the Batavia Police Department is now in the hands of nine City Council members after Marc Staley, chairman of the Police Facilities Task Force, delivered his committee's report at Monday night's meeting.

Council members congratulated Staley and his task force on their effort and a couple of members thanked him for delivering a clear report that focuses on a single recommendation.

"Thanks to the task force for giving us a recommendation for the best site," said Councilwoman Patti Pacino. "That will make our job easier."

The task force recommended a location on Swan Street, the site of the former Wiard Plow factory, which is currently owned by Tom Mancuso.

It will be up to the council to decide whether to make a purchase offer on the property, likely contingent on environmental clean-up studies and remediation, and whether to seek funding, through a bond and grants, to build a new facility at that location.

None of the council members expressed any opinion either way on whether they will support the proposal.

If they don't, it leaves Batavia PD housed in a former mansion that is more than 150 years old, ill-suited to modern police work, misconfigured for optimal officer safety and it needs substantial cosmetic, mechanical and structural repairs and upgrades.

Staley noted that as the task force's work came to a close, several people in the community complained that the task force didn't consider consolidating law enforcement work with the Sheriff's Office.

"I just want to make one minor editorial comment, if I could," Staley said at the end of his presentation. "You did not ask us 'Should we merge with the Sheriff?' You did not ask us about shared resources. You did not ask us to deal with numbers as far as a downside without this process. You simply said 'Something needs to be done about the police facility. Should we stay? Should we go?' -- so we went out into the community and did our own research and the Swan Street location made the most sense."

The task force worked for more than 55 hours over several months on the project. They considered at least eight possible locations for the facility, including two that were not on the original list drawn up by city staff.

Swan Street, which was still tied up at the time in a legal battle over code violations, wasn't on that list.

Committee members drove around Batavia looking at all of the alternatives, which is how Swan Street and a location at Alva and Bank, ultimately rejected, came under consideration. The committee then whittled the list down to three finalists -- the Salvation Army location on Jackson Street, Alva Place and Swan Street -- and made site visits.

Jackson Street was eliminated when more information came forth about the financial impact of the property being in a flood zone. Alva lost out to Swan largely over concerns about the impact on surrounding businesses and the potential security liability of the location as well as traffic concerns for ingress and egress.

All but one task force member supported Swan Street in the final decision. The site is seen as centrally located with easy access in an area brimming with development potential, but currently underused and not generating significant tax revenue for the city. The large lot also gives the city options for expansion, if needed, and could be a boon for future redevelopment at the Harvester Center.

The council will take up the discussion of the report at a future conference meeting.

Previous coverage: Police Facility.

Press release:

As you know Summer in the City is this Saturday and we are excited to have thousands of people coming Downtown! This is the schedule for street closures.

If you have any questions or concerns, please do not hesitate to contact Laurie at the BID office at (585) 344-0900 or e-mail LOltramari@DowntownBataviaNY.com. We hope to see you and your families there!

Close streets (barricades) at 7:30 a.m.: Bank, Main, Center, School, Jackson, Court & Jefferson:
Bank at Alva Place
Bank at Washington
Main at Upton Monument

Main at Liberty / Summit

Jackson at Ellicott
Center at School
Court at Ellicott

Parking Lot Entrances /Bank Drive-Thru -- Jefferson Avenue at intersection of Tonawanda Valley Federal Credit Union & Wendy’s Parking Lots
Wendy’s -- Main Street Entrance
 
5K Race / Walk -- Barricades setup at:
                                                Alva Parking Lot
                                                Bank & Washington Avenue

Main Stage: Will be located in front of Wendy’s / County Building #1 on Main Street facing east. Entertainment: begins at 2 p.m. and ends at 9 p.m.       
Featured: Old Hippies (1-2 p.m.), TBA (4-6 p.m.), and Terry Buchwald (Elvis) (7-9 p.m.).

Vendors: Crafters and nonprofits & KidsZone will be located on Main, Court & Jefferson. Food vendors will be on the north side of Main Street from in front of Larry’s Steakhouse west to corner of Main & Jefferson. Commercial vendors will be on the south side of Main Street from corner of Court to Center Street.

Super Cruise: Vehicles will be on the north side of Main Street from Jackson Street east to Liberty / Summit and the south side from Center to Liberty Street. They will also be on Jackson, School and Center streets and a segment of Bank Street.

Donny Carroll 5K Race: Start/ Finish line will be at the entrance of Bank of America Drive-Thru. The race starts at 9 a.m. and ends / finishes by 10:30 a.m.

Chalk the Walk: In front of City Hall, registration is at 9 a.m. Event is from 9 a.m.-6 p.m.

Reopen streets at 11 p.m.

Press release:

Kiwanis Club of Batavia is getting ready for its fifth annual gala fundraiser, Bidding on a Brighter Future, at 5:30 p.m., Sept. 19, at Genesee Community College.

This event, which is Kiwanis Club’s long-term project, has brought in more than $150,000 over the last four years. The funds will be used to secure a permanent location for the Justice for Children Advocacy Center (JFCAC). The gala features live entertainment, specialty raffles, basket and silent auctions, live auction, and a great menu.

The JFCAC serves approximately 200 child-victims of sexual or physical abuse each year. Services are provided free of charge and include forensic interviewing, medical examinations, counseling, and victim advocacy for children and non-offending caregivers from Genesee, Livingston, Orleans, and Wyoming counties.

The Gala Committee encourages support from local businesses, organizations, and individuals who are invited to become a sponsor, donate an auction item, or purchase a program ad. Tickets are $50 per person or $400 for a table of 10. There are various sponsorship levels available.

For more information, please visit www.glowgala.org or Kiwanis Club of Batavia’s Facebook page. You can also e-mail us at glowgala1@gmail.com

Melissa Broadbent, a defendant in an animal cruelty case, appeared in City Court this afternoon and surrendered ownership of her dog, a pit bull named Rocky.

Rocky was scaled with hot water sometime around July 20. Broadbent's boyfriend is accused of abusing the dog and Broadbent is accused of facilitating the crime and trying to cover it up.

We reported earlier today that Rocky is at the Animal Shelter and doing much better.

An animal control officer was in court today when Broadbent signed a document turning the dog over to the Sheriff's Office. The change in ownership will allow Animal Shelter volunteers to seek a new home for Rocky.

With Broadbent's agreement, Rocky is spared potential months in confinement at the shelter while her case winds through the legal process.

Broadbent, 36, is charged with: "overdriving, torturing and injuring" an animal; endangering the welfare of a child; first-degree coercion; offering a false written statement; intimidating a witness or victim in the third degree; and owning/harboring an unlicensed dog.

With no prior felony or misdemeanor convictions, Broadbent was released from custody and placed under supervision by Genesee Justice by Judge Robert Balbick.

Broadbent's boyfriend, 26-year-old Brandon M. Maldonado, of 52 Walnut St., is charged with aggravated cruelty to an animal and offering a false written statement. He also appeared in court today.

Maldonado is currently on parole, but his public defender, Jamie Walsh, said he isn't aware of a violation being filed in connection with his arrest and said it's his understanding that Maldonado has been doing well on parole. He asked Balbick to set bail at $5,000 or $10,000 bond.

Robert Zickl, ADA, noted Maldonado does have that felony conviction, plus five misdemeanor convictions and five previous failure to appear charges.

Balbick went along with Zickl's recommendation of bail in the amount of $10,000 cash or $20,000 bond.

A pre-trial hearing, also known as a felony hearing, has been set in Maldonado's case for 11:15 a.m., Thursday.

Broadbent, who waived a felony hearing, isn't due back in court until next month. Balbick did sign a stay away order of protection for her and her children and told her to take up any visitation rights with Family Court.

Zickl noted that the Department of Social Services will be investigating the case.