batavia

An arrest has been made in what might be termed an 11-month cold case.

On snowy night last March, somebody broke into the Discovery Chapel, 315 W. Main St., Batavia, stayed for a while and left barefooted sometime later.

The police had shoes, socks, footprints in the snow and a little bit of blood.

The blood is what led to the arrest of Shannon G. Cook, 34, of 6269 Byron Elba Road, Byron.

Cook was identified as a suspect through a DNA match after he was required to submit a DNA sample following an unrelated criminal conviction.

Nothing was stolen from the church.

Cook is charged with criminal mischief, 3rd, and criminal trespass, 3rd.

Following ararignment in City Court, Cook was released under supervision of Genesee Justice.

Jenea M. MacLeod, 29, of Genesee Street, Corfu, is charged with petit larceny. MacLeod is accused of shoplifting from the Dollar General Store at 412 E. Main St., Batavia. She allegedly placed items in her purse and walked out of the store without paying for the items on Friday. Two days earlier, MacLeod also allegedly stole merchandise from Walmart. She was charged with petit larceny and trespass.

Kevin Leroy John Halbert, 27, of Ellicott Street, Batavia, is charged with peit larceny. Halbert is accused of shoplifting from Kmart.

Woodrow C. Horseman, 37, of State Street, Batavia, is charged with petit larceny and trespass. Horseman was allegedly banned from Tops. He allegedly went into Tops at 4:08 p.m. Sunday and stole several cases of beer.

Jason H. Freeman, 32, of South Spruce Street, Batavia, is charged with petit larceny. Freeman is accused of stealing ice cream from Tops.

Terry Ann Espinosa, 43, of West Main Street Road, Batavia, is charged with falsely reporting an incident, 3rd. Espinosa is accused of falsely reporting a larceny to Batavia PD.

Gregory Seppe, 55, of Hyde Park, Batavia, is charged with disobeying a court order of protection and endangering the welfare of a child. Seppe is accused of entering a residence on Columbia Avenue at 10:17 a.m. Saturday and coming into contact with a person he is barred by court order from contacting. While in the residence Seppe allegedly acted inappropriately and endangered the safety and well being of several children in the residence.

Stephen W. Quigley, 59, no permanent address, is charged with petit larceny and trespass. Quigley allegedly slept overnight in a vehicle on the car lot of Time Buyer and stole change from an unsecured vehicle. Quigley was jailed on $5,000 bail.

David C. Truesdale, 24, of 18 Parsells Ave., Rochester, was arrested on a bench warrant. Truesdale was located reportedly hiding in a bathroom at 20 Tracy Ave., #1, Batavia, by Sgt. Chris Camp while Camp was attempting to serve a warrant on Truesdale. Truesdale is charged in the warrant with assault, 3rd, and strangulation, 2nd. He was also arrested on a City Court warrant for alleged failure to complete community service on an unreasonable noise complaint. At the time of his arrest, Truesdale was allegedly found in possession of marijuana. Truesdale was jailed without bail.

Duffy L. Starks Jr., 21, of Tracy Avenue, Batavia, is charged with unlawful possession of marijuana. Starks was allegedly found in possession of marijuana while Batavia PD was at 20 Tracy Ave., Batavia, to arrest another subject on a warrant. Starks was also arrested on a parole warrant. He is being held in the Genesee County Jail on the parole warrant.

Joshua T. Fullmer, 21, of 3124 W. Main Street Road, Batavia, was arrested on a bench warrant. Fullmer turned himself in to Batavia PD.

Amy R. Martin, 29, of Dewey Avenue, Batavia, turned herself in on a parking ticket warrant for allegedly parking on a city street between 2 a.m. and 6 a.m. Martin posted bail and was released.

Danny D. Williams Sr., 25, of 310 E. Main St., Batavia, was arrested on a bench warrant. Williams was located in Rochester and arrested on two bench warrants and one arrest warrant out of Batavia City Court. Williams was jailed without bail.

Leslie C. Jackson, 51, of Piffard, is charged with grand larceny, 4th, and and a Class E felony (the State Police blotter is unclear as to what it is). Jackson was arrested by state troopers in connection with an alleged incident reported at 3 p.m. Dec. 3 in the City of Batavia. No further details released.

A dryer fire is reported at 1 Shady Lane, Batavia.

Town of Batavia is responding.

UPDATE 10:18 a.m.: Fire is knocked down. Remaining units responding can respond non-emergency.

A car slammed into a tree, close to a house, at 8802 8807 Prole Road. One person, believed to be injured, is still in the vehicle. Several others -- from three to six subjects -- were seen running from the scene. The accident is just south of Route 5. Law enforcement and medics are responding.

UPDATE 11:13 p.m.: Stafford Volunteer Fire Department is on scene. "All units can back it down. One subject is in the vehicle and I've got him," says a deputy.

UPDATE 11:25 p.m.: Stafford fire is leaving the scene, in service. A tow truck is en route.

UPDATE 11:44 p.m.: Le Roy Ambulance is transporting the patient to Strong Memorial Hospital. The deputy is also going to Strong to follow up on the accident.

UPDATE 11:35 a.m. (by Howard Owens): The driver has been identified as Douglas J. Hanley, 23, of Batavia Stafford Townline Road, Batavia. Charges are pending. The accident was investigated by Deputy Frank Bordonaro.

Press release:

There is a water main break on Lyon Street between Richmond Avenue and Oak Street.  Crews will be making repairs, which may result in a water service interruption or discolored water on Lyon Street (Oak Street to Lacross Avenue) and Richmond Avenue (Lyon Street to Union Street).

UPDATE: The break was reported to be repaired about 1:30 a.m.

Join us on February 8, 2014 for Notre Dame's 22nd Annual Trip Night at the Clarion Hotel. The 2014 trips include Hawaii, Key West, Cape Cod, Buffalo A night a Salvatore's Grand Manor & Dinner at Russell's, Erie Splash Lagoon, Sunny Hill Golf Resort, Beaver River Lodge and many more. There will also be a special Veterans vacation giveaway for a lucky veteran and their family.

Tickets are $40 per person or two for $75 which includes dinner and drinks. We're offering a free ticket to any servicemen - retired, reserve or active duty, with the purchase of a regular priced ticket. Reduced room rates are available for the night, live entertainment throughout the eveing with comedian Hiram Kasten & Biggs Sound & Entertainment. Must be 21 or older to be admitted. 

Giveaways will include 50/50's, 60/40's, 70/30's, wagon of wine, dessert raffle, fruit bouquets, lottery giveaway, Muckdog tickets, Darien Lake tickets, Bison game box seats, bus getaways, reverse raffle and more!

For tickets and more information or to make a donation of any kind, contact Notre Dame High School Advancement Office at (585) 343-2783 Ext. 144 or visit us online at: www.ndhsbatavia.com. or contact Anita Strollo at (585) 813-5371 or at mommneetz@yahoo.com.

Workers at Petco are busy cleaning up the store and restocking shelves -- some stock had to be replaced -- following the fire at Bed, Bath & Beyond last Monday.

One thing General Manager Carol Hershberger is eager for local residents to know is that all of the animals that were in the store are safe.

They were initially taken to the Genesee County Animal Shelter and, contrary to a prior report, never returned to the store, she said. The animals have all been relocated to other Petco stores.

There's a lot of work, but staff is working hard, she said, to get the store reopened Monday.

Meanwhile, investigators have yet to determine the case of the fire, which started in the bedding department of Bed, Bath & Beyond and caused to smoke to fill both stores (not as heavily, in Petco).

UPDATE 3:57 p.m.: Hershberger called back to say after a long way of work today, she doesn't believe the store will be ready to open Monday. She said she's hesitant to predict when the store will open. "As soon as possible," she said.

Press release:

The City Water Department will be making a water main repair in front of John Kennedy School today. This may result in a water service interruption on Vine Street (between North Street and Bank Street) and Evergreen Drive (between Vine Street and North Spruce Street). Water will not be turned off before John Kennedy School dismissal at 11:30 a.m. so school will not be affected.

UPDATE 2:38 p.m.: The main has been repaired.

The Manor House held a party yesterday celebrating all the birthdays for the year of residents who turn 90 years old or older.

Bottom photo, Angie Ilasi cuts the cake. Ilasi turns 100 this year.

(File Photo)

A Buffalo judge ruled this morning that the city must issue a rooming house permit to local rental property owner Terry Platt for a 12-room rooming house at 316 E. Main St., Batavia.

The city's planning board turned town Platt's application in May following strenuous objects from neighboring property owners and other residents, so Platt filed an Article 78 action asking the court to step in and review the case.

Judge John Curran found that Platt's plan did not violate the city's master plan, as the city maintained in its argument against granting the permit.

The city didn't contest, according to Platt's attorney Michael Perley, any other aspect of Platt's application.

Curran found, Perley said, that the city's master plan allows mixed use on East Main Street, and the rooming house fits within permitted uses.

But even if the master plan didn't allow for mixed use in that area of the city, Perley said Curran indicated he would have ruled in Platt's favor because he would have found the city's plan flawed.

"My client is pleased and I'm pleased for my client," Perley said. "We thought all along it was a proper and appropriate project. Mr. Platt has always run these dwellings in the city and he has run them well. We believe it will be an asset to the city and the city will be pleased with the rooming house and how Mr. Platt operates it."

Previously:

• Terry Platt says he's done investing in Genesee County after city denies rooming house application
• Judge will consider whether to overturn denial of permit for rooming house on East Main

Dustin Michael Locicero, 29, of Gibson Street, Bergen, is charged with seven counts of criminal possession of a forged instrument, 2nd, grand larceny, 3rd, and criminal contempt, 2nd. Locicero is accused of stealing jewelry, collectable coins and personal checks from a home in South Byron and of stealing personal checks from homes in Bergen and Rochester. Locicero allegedly cashed the checks at banks in Batavia, Elba and Le Roy. The coins and jewelry were valued at $7,000 and Locicero allegedly sold these items at different unknown locations. Locicero has a pending second-degree forgery charge in the City of Batavia. In 2011, Locicero was charged with identity theft (we don't have information on the disposition of that case). Locicero was taken into custody Tuesday. He was reportedly found hiding in a mobile home in the Town of Batavia and was arrested on a City of Batavia bench warrant. Locicero was arraigned in city court and jailed without bail. The investigation was conducted by Deputy Brian Thompson, Deputy John Duyssen and Investigator Timothy Weis.

Theodore R. Johnson Jr., 46, of Maple Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable or prudent and leaving the scene of a property damage accident. Johnson's vehicle allegedly struck a building at 102 Evans St., Batavia, 4:48 p.m., Sunday. Johnson's vehicle was located stuck in a snow bank with a portion still in the roadway.

Dylan C. McKenzie, 19, of Batavia Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana, failure to use headlights and operation by an unlicensed driver. McKenzie was stopped at 2:01 a.m. Wednesday on East Main Street, Batavia, by Officer Thad Mart.

Clenton J. Reese, 50, of Ellsworth Avenue, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd, Reese was allegedly involved in a disturbance and upon investigation was allegedly found in the presence of a protected person.

Catherine A. Lewis, 50, of Cone Street, Batavia, is charged with harassment ,2nd. Lewis is accused of pushing and threatening another person.

Robert K. Geandreau, 41, of Elm Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, open container and inadequate tail lamp. Geandreau was stopped at 11:42 p.m. Friday on East Main Street, Batavia, by Officer Stephen Cronmiller.

City fire hosted a demonstration today at Dewitt Recreation Area of a rescue vehicle designed to handle snow, ice and open water to rescue people who might be stranded in dangerous conditions.

The vehicle is made of a snowmobile and a foam-filled platform that can keep it floating on water. Propulsion is created by the snowmobile's chain drive.

"It gives stability and a safety factor to firefighters that simply doesn't exist in any other vehicle," said Roger Bailey, CEO of WISE Technology, which is based in New Hampshire. 

This was the first demonstration of the vehicle in WNY.

The demonstration was set up by Bob Valvo of LVA Sales, a manufacturers' rep company with offices on Harverster Avenue.

The city has no immediate plans to purchase the vehicle.

Le Roy fire was also on hand for the demo.

Video by Alecia Kaus, Video News Service.

Investigators are still trying determine what caused a fire that started in the bedding department of Bed, Bath & Beyond late Monday afternoon.

The fire caused extensive damage to the fixtures and inventory in the northeast corner of the store.

Flames reached floor to ceiling.

The Sheriff's Office is in charge of the investigation.

Chief Deputy Jerome Brewster said investigators have interviewed employees and customers.

Physical material in the store has also been examined for any clues as to the cause of the fire.

Previously: Firefighters battle flames and cold during fire at Bed, Bath & Beyond

Two accidents (possibly even one and the same) are reported in the area of 9600 Alexander Road. A vehicle is well off the road into a field. A gold van is parked at the side of the road to try and point responders to the damaged vehicle. Alexander fire is responding along with medics.

UPDATE 3:07 p.m.: It's on Route 98 north of Pike Road. A responder on scene says the driver is out of the vehicle and appears not to be injured. They are checking the vicinity to make sure there are no other accidents.

Alex Roberts was walking with her son Taariq, 3, this morning down Vine Street after dropping her daughter off at school.

Today is our eighth-straight day of lows in single digits, but a warming trend starts tomorrow with a predicted low of 23 degrees. Highs in the low 30s are predicted for Friday and Saturday.

There's also snow in the forecast.

A wind chill advisory remains in effect until 3 p.m.

A small fire, possibly caused by a cigarette, is reported on the porch of a residence on South Main Street.

Batavia fire is responding.

UPDATE 8:25 p.m.: The fire is out. Light smoke in the house.

A water flow alarm has sounded at Bed Bath & Beyond on Veterans Memorial Drive in the Town of Batavia. In addition, the smoke detector and "fire pump alarm" are also reported to be going off. Town of Batavia Fire Department is responding. Yesterday a blaze tore through the store's bedding department.

A four-car accident is reported at Main Street and Porter Avenue. There are believed to be two minor injuries. City fire and Mercy medics are responding along with police.

UPDATE 4:59 p.m.: Damages are minor and the people involved may be sign-offs.

UPDATE 5:02 p.m.: The accident is not blocking traffic.

Free Wi-Fi and free electricity for electric cars were all but shot down Monday night during a budget work session at City Hall.

Meanwhile, Council members remain divided on whether to hire a new assistant city manager.

The argument for: There are too many tasks on City Manager Jason Molino's plate and after years of budget cuts, the rest of the city staff is overloaded as well.

The argument against: The money shouldn't be spent. If something is worth doing, current staff can handle it or it can be outsourced.

An assistant city manager would take on numerous tasks in the city, but one of the primary focuses of the job would be handling the complex array of tasks and regulations associated with lower flood insurance premiums for local residents in floodplain areas.

"If we're going to get any of these things done, we have to put forward the effort and we have to put forward the focus to get these things done," Councilman Pierluigi Cipollone said. "We can't ask the other departments to pick up the slack. We've already cut back to get out of the financial hole we were in. We cut back personnel and I think we've cut back as far as we can. We've gotten out of the financial issues we were in. Now we need to build the quality of life we all want."

Councilmembers Patti Pacino and John Canale both expressed support for the assistant city manager position.

"We really, really need this extra person," Pacino said.

Council members Rosemary Christian, Kathy Briggs and Eugene Jankowski spoke against the position.

"We can't do everything at once," Briggs said. "Prioritize and contract out the rest."

Christian said she thought Molino was budgeting too high a salary for the position.

Molino was originally hired as assistant city manager eight years ago at $59,000 a year.

"I'm opposed unless we can come up with the position for less than $60,000 a year," Christian said.

Molino said if the position had existed for all of the last eight years, the regular pay increases granted to non-union staff would have brought that salary up to $63,000, which is at the low end of the range proposed for the potential new hire. The top end is $77,000.

Jankowski said he doesn't think it was communicated clearly when the new position was first proposed exactly why a new assistant city manager is needed. The opportunity to clearly communicate the need has been lost, he said.

"There is a misunderstanding (in the community) for some reason," Jankowski said. "I've gotten numerous complaints about the proposal. Even though it may be justified, that ship has sailed. The public has made up its mind. We don't have time to correct that in a reasonable budget period this year."

While the assistant city manager position may be up in the air, there is not likely to be any extra free Wi-Fi signals floating through Batavia's ether any time soon.

And if you own an electric car, forget about stopping in Batavia for free juice.

Christian was ready to kill both proposals flat out last night and tried to drum support for a vote. Only Canale spoke in favor of the electric car charging stations and there was no support for free Wi-Fi.

"I'm in marketing," Canale said. "The attention we could get, the publicity we could get would be good for Downtown at a very minimal cost."

Briggs said taxpayers shouldn't subsidize free electricity for electric car drivers.

"The electric companies are looking to do this sort of stuff," Briggs said. "Let them do it on their own and see if they can make a dime on it. I don't think the taxpayers should pick up the tab."

Added Christian, "I think BID should handle it. I don't see why taxpayers should handle it."

The opposition to free Wi-Fi included the notion that most people who want always-on Internet have smartphones and tablets now, and that if businesses think free Wi-Fi will bring in customers, then businesses should pay for it (the city's proposal, to be clear, doesn't include putting free Wi-Fi in business locations, but in public spaces such as Jackson Square).

Pacino said, and Council President Brooks Hawley agreed, that the council shouldn't rush into any decision on either item, so council members decided to hold any vote on scrapping the proposals for another day.

In another part of the budget discussion, Christian said she would like to see at least half of any VLT money that comes in this year used to lower taxes next year.

VLT funds are sporadically distributed by the state and comes from profits generated by the video lottery machines at Batavia Downs.

Molino said that really wouldn't be a very good idea.

"I would not recommend using that money to offset your taxes, because while you may use $150,000 of it to offset your tax rate next year, what happens when you don't get that money in a future year?" Molino said. "Now you've got a $150,000 hole in your budget. So now you're increasing taxes or cutting services to make up for it.

"That is the exact reason, in a different format, why the city's financial position worsened over time. It was using things like the sale of property, assuming you were going to sell property and make $200,000 a year off of that. That's a lot of property to sell and you budgeted that year after year after year. In order to do something like that, you need to ensure you're going to have a steady stream of revenue."

A request by newly elected City Councilman Eugene Jankowski to amend council rules clarifying how and when council members can contact city staff received little support from the rest of the council Monday night.

And when City Manager Jason Molino said the current rules already allow a council member to do what Jankowski was asking, Jankowski said he was satisfied with Molino putting that on record and let the matter drop.

"I guess I'm happy with it," Jankowski said. "If the rules already say that, then I guess there was some misunderstanding because I was told that when I e-mailed department heads and requested a meeting, instead of being provided a date and a time, I was told I must go through your office."

Jankowski's position is that just because he's been elected to council, he shouldn't lose the right of any citizen of the city to go to a member of city staff, particularly department heads, and ask questions.

What Jankowski said he doesn't want to see happen is give council members the leeway to give orders to city staff or intefer with the conduct of their jobs or get involved in union issues, but he does believe council members have the right and obligation to gather information.

Molino said the rules are in place to ensure proper supervision of employees.

"There's one person responsible for their work, and that's me," Molino said. "That's what you hold me accountable to."

Jankowski is a former lieutenant in Batavia PD, served a time as interim chief and was forced to retire when Molino and Chief Shawn Heubusch decided to restructure the department last year and eliminate all lieutenant positions.

The former cop and city manager have a long history of being at odds with each other and Jankowski wasn't happy about being forced out of his job.

Jankowski received the most votes in November's council member at large election.

He said he did go through Molino to schedule a meeting with Heubusch to discuss, among other things, the proposed "neighborhood sweep" proposal. Jankowski, who initially proposed the idea, said he came away from the meeting believing it's a good idea, though perhaps inappropriately named.

"There may be complaints we should look into, maybe complaints of a sensitive nature, maybe it's a complaint about him," Jankowski said. "If we ran right to him and told him or had to go through him it might cause some sort of problems. It might not be appropriate."

Only Councilwoman Rose Mary Christian spoke up in favor of Jankowski's proposal, but she also said she's never had an issue going to any department head and asking questions. She just does it and nobody has ever told her to stop, she said.

"If you have a question you should be able to talk to any department head," Christian said. "We represent the people of Batavia. We don't represent Jason. Sorry Jason."

Molino said there's never been an issue with council members going to department heads and asking questions.

"There's nothing in the rules that prohibits you from contacting department heads and asking questions," Molino said. "When you ask questions, sure I find out about it, but I usually follow up with, 'did you get your answer, can I do anything more?' "

Christian said that's exactly what happens.