batavia

Genesee County celebrates its 175th anniversary of its County Fair. With Midway hawkers enticing passersby to test their luck at games of chance and carnival rides ready for riders, and 4-H groups showcasing various farm animals, there is no shortage of entertainment at the fairgrounds. 

Marlene Morris, of Batavia, has been traversing the fair on and off for the past 10 years.

“I’m personal friends with the clowns,” Morris said. “But I also came for the parade.”

Morris also enjoys perusing the animal enclosures and notes that the animals seem to be well cared for.

“4-H changes kids so much,” Morris said. “It takes so much responsibility to care for the animals.

“The best part of the fair, though,” Morris continued, “is seeing how much the kids enjoy the fair.”

The Fair runs through July 19 with a variety of events and displays scheduled throughout the day. For event information visit http://gcfair.com/Home/FairInformation/DailySchedule.aspx .

 

A truck hauling a travel trailer overturned on the Thruway this morning in the area of mile marker 392.3 in the westbound lane.

No injuries were reported, though the passenger had a complaint of head pain.

Town of Batavia fire and Mercy EMS responded.

The call was dispatched at 6:57 a.m.

Photos courtesy Town of Batavia Fire Department.

Investigators have yet to determine the cause of death of Summer Ogden, the 38-year-old Batavia woman who was found unresponsive Sunday evening on the steps of 131 Jackson St.

Batavia detectives attended an autopsy today at the Monroe County Medical Examiner's Office, but Det. Eric Hill said, with tests still pending, there is nothing to report from the autopsy yet.

Hill said investigators have not determined exactly how much time elapsed from the moment Odgen collapsed until police were called, but they do not believe it was a long interval.

"It was a relative short time between the time a couple of witnesses saw her awake and OK and when they got back and saw her passed out," Hill said.

The call for an unresponsive female came in at about 7:19 p.m., Sunday.

Foul play has not been ruled out, but it's not considered a likely scenario, Hill said.

"We're certainly not closing that door, because we don't know what happened," Hill said. "It's something we're still keeping open, but it's not really an active aspect that we're definitively pursuing."

Ogden was well known to veteran police officers who had numerous encounters with her while intoxicated, Hill confirmed, but it's unclear what role, if any, alcohol may have had in Ogden's death.

"That's why we're sending everything out for tox," Hill said.

Ogden's boyfriend, Eric Duda, is one of the residents at 131 Jackson St. Hill said it's unknown if Ogden had been visiting or intended on visiting Duda on Sunday evening.

The couple have had mutual orders of protection in place and both had been previously charged with violating the orders.

Hill said the investigation is continuing and Ogden's death is receiving a full and complete investigation in an attempt to determine exactly what happened.

"Anybody who is in this situation is a victim," Hill said. "It doesn't matter if we've had contact with you in the past or we've had no contact with you. Ultimately, it comes down to the same level of service we offer to everyone. You could be suspect yesterday and a victim today. You still get he same level of service."

Early this morning, an inmate was discovered hanging by a bed sheet inside his cell at the Genesee County Jail.

The 36-year-old victim was pronounced dead at the scene by Coroner Karen Lang.

The Sheriff's Office is conducting an investigation into the death.

His name is not being released pending notification of relatives.

The inmate was found by a correctional officer at 12:34 a.m.

Attempts to revive the individual were unsuccessful.

City fire and Mercy EMS responded to the emergency. 

An autopsy will be performed by the Monroe County Medical Examiner's Office.

The inmate was recently arrested on a felony charge and was being held on bail.

The investigation is continuing.

Jeffrey Cornell Nelson, 46, of Coretta Scott Crossing, Rochester, is charged with petit larceny. Nelson is accused of stealing a Stihl HS81T hedge trimmer from the rear of a landscape truck while the crew was working at ESL Credit Union. The alleged theft was reported at 11:32 a.m. Monday.

Paul Robert Benson, 33, of Sprucewood Terrace, Williamsville, is charged with felony DWI, felony driving with a BAC of .18 or greater, uninspected motor vehicle and following too closely. Benson was stopped at 11:46 p.m. July 2 on Genesee Street, Darien, by Deputy Kevin McCarthy.

On a 5-3 vote, the City Council agreed Monday to give City Manager Jason Molino a 2.5 percent raise, retroactive to April 1.

It was a merit raise, said Councilman John Canale.

Councilman Eugene Jankowski expressed concern that the public hasn't been given adequate opportunity to hear from council members on why Molino deserves a raise and to voice their own opinions.

"At this point, we're limiting ourselves to only one discussion," Jankowski said. "It sends a message of some kind of exception being made and I don't think that's the case. It's just an oversight."

Councilwoman Rose Mary Christian also objected to the seeming lack of public discussion prior to the vote.

"This was all handled in executive session and never brought to the floor for any kind of discussion," Christian said. "You can't vote for spending public monies without a discussion, so we should have the discussion and take it from there."

City Attorney George Van Ness explained to council members that Molino's raise this time around is being handled no different than it's been handled in the past and no different from any other employees or any labor agreement.

The particulars are discussed in open session, a consensus is reached among council members, and then a vote is held at a business meeting, where more discussion can take place -- as was taking place Monday night -- before the vote.

"Matters related to the employment issues of a particular individual are appropriately discussed in an executive session," Van Ness said. "If it comes to a situation where there's a decision about the award of or wage adjustment, that's a matter that's presented for public discussion and a public vote. That's what's teed up here this evening."

Councilman John Deleo missed Monday's meeting because of another obligation, but provided Jankowski with a written statement on his behalf objecting to the raise and stating that the hiring of an assistant city manager was supposedly intended to lesson Molino's workload.

Councilman Kris Doeringer said he believed that was a misstatement of why an assistant city manager was hired.

"She was hired to do more work, not lesson Jason's workload," Doeringer said. "We were concerned about Jason's workload and everything he needs to get done and everything the city needs to get done to move forward."

Councilwoman Patti Pacino said the merit of the raise was discussed extensively over two executive sessions.

"We did talk at length," Pacino said. "We discussed whether we should give him a raise or not give him a raise, what did he do to deserve a raise. We really discussed it all. I understand we should bring it out in the open and people can say negative things as well, but we really did discuss this a lot."

Members Kathy Briggs, Jankowski and Christian all voted no on giving Molino a raise.

With the pending acquisition of Time Warner Cable by Comcast, the City of Batavia will have an opportunity to comment on the merger as well as renegotiate its franchise agreement for cable television service in the city.

Typically, municipalities enter into franchise agreements with cable providers that determine infrastructure specifications as well as some services the provider might offer along with fees the cable operator pays to the city.

Currently, the city gets $200,000 a year from Time Warner, but the franchise agreement expired a decade ago and has just been automatically renewed without revision by the state's Public Service Commission.

"Time Warner is noncompliant with some franchise benefits," the City Manager told the council Monday night. "We haven't had negotiations since 1993. There are a number of improvements that need to be made."

Comcast contacted the city and expressed an interest in working with the city on a new agreement and gave notice that the city has 120 days to comment to the FCC on the proposed merger.

Both providing comment to the FCC and negotiating a new franchise agreement are specialized, complicated legal issues and the city will likely need to retain the services of an attorney who is expert in the field, Molino said.

The city must also appoint members to the Cable Television Advisory Board, which has been dominant so long, the terms for all the previous members have expired. The city will be inviting residents to apply for seats on the board.

The cable franchise agreement covers terms such as access to cable service throughout the city, franchise fees, construction standards, indemnification and insurance requirements, underground facilities, installation of services, operation and maintenance.

Among the services a municipality can require a cable operator to provide what is known as PEG channels (public, education, government), something that Time Warner hasn't fully provided to Batavia.

A public access channel, for example, would allow local residents to make their own TV shows in the cable operator's local studio. Schools could broadcast plays.  Politicians and the politically minded could host talk shows. Local bands could air concerts. Churches could broadcast their services. Pastors could conduct Bible studies. Historians could provide lectures. The whacky and insane could find an audience, too, as long as it wasn't profane.

Councilman Eugene Jankowski raised the issue during Monday's discussion in response to a question from a constituent. Molino said the topic is certainly one the city -- and the cable advisory board -- could address with Comcast. It would be one more point of negotiation.

Three of the city's recent retirees were honored by the City Council on Monday night with signed proclamations recognizing their years of service to the city.

Above, retired police Det. Pat Corona.

Retired Det. Chuck Dudek with Councilwoman Kathy Briggs.

Bill Ficarella, former Bureau of Maintenance supervisor, with Councilman John Canale.

A vehicle has reportedly flipped over on the Thruway near mile marker 389.9 in the eastbound lane.

No word on injuries.

Town of Batavia fire and Mercy EMS dispatched.

The location is just west of the State Street Road overpass.

UPDATE 10:21 p.m.: A first responder reports the vehicle is on the guard rail, inverted. One female trapped in the vehicle, though conscious and alert. The vehicle will need to be stablized before firefighters can get her out.

UPDATE: Photos submitted by Town of Batavia FD.

A driver apparently hit the gas when she meant to hit the brake while parking outside the Southside Deli at 300 Ellicott St., Batavia, late this afternoon. Her car jumped the curb and hit the Olive Branch health food store. The driver was transported to UMMC for a precautionary exam.

Photos submitted by Frank Capuano.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Duda has faced the same charges for contacting Ogden.

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

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

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

A portion of her e-mail:

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

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

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

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

A bicyclist is down in the roadway bleeding after being struck by a car on Route 5 near Colonial Boulevard. Town of Batavia Fire Department is responding, and Mercy medics and law enforcement are on scene. A lane of traffic is blocked.

UPDATE 1:42 p.m.: The driver of the vehicle said he was on Colonial Boulevard about to turn onto Route 5. He said he looked left and right then as he pulled onto Route 5 "all of a sudden the bike was in front (him)." The male bicyclist suffered facial abrasions but is alert and conscious.

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

Here are pictures from two of the afternoon games.

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

To purchase prints of photos click here.

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

Caramel-colored "Carla" is missing and the Siverlings are asking readers to help locate her.

Their Best Friend Forever went missing Tuesday evening from the South Main Street Road area.

"She is a good hunter and most likely caught a scent and went chasing after an animal. She is full of energy and is very affectionate," says owner Jackie Siverling.

"We are offering a reward to anyone who returns her to us, no questions asked," she continued. "We miss her very much."

If you know Carla's whereabouts please call (585) 813-4181.

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

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

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

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

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

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

The donation was delivered this evening.

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

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

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

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

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

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

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

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

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

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

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