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Law and Order: Ross Street resident accused of strangulation and theft

By Howard B. Owens

Adam M. Kruetz, 27, of Ross Street, Batavia, is charged with strangulation, 2nd, petit larceny and criminal mischief, 4th. Kruetz allegedly grabbed the throat of another person at 10:20 a.m. Sunday at 5 Ross St., Batavia, and caused that person to nearly lose consciousness, then stole property and broke an item belonging to that person. Kruetz was jailed without bail.

Elizabeth A. Wortman, 28, of Lake Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and driver's view obstructed. A witness reported a vehicle driving erratically on Lake Street Road, Le Roy, on Monday. A Le Roy PD patrol stopped Wortman's vehicle on Lake Street and Wortman was allegedly found to be intoxicated.

Michael J. Elmore, 25, of Liberty Street, Batavia, is charged with criminal impersonation. Elmore was located in the parking lot of 305 E. Main St., Batavia, and Elmore allegedly provided false identification to a Batavia police officer in an attempt to avoid arrest on a warrant.

Joseph A. Auricchio, 25, of Broadway Road, Darien, is charged with possession of a hypodermic instrument. Auricchio was allegedly found in possession of a needle at 4:53 p.m. Monday at a location on South Main Street, Batavia.

Brant Gordon Matthews, 21, of Maple Avenue, Le Roy, is charged with unlawful possession of marijuana. Matthews allegedly showed up to a probation meeting at 2:08 p.m. Monday with marijuana in his pocket.

Tyler D. Price, 23, of East Main Street, Batavia, was arrested on a warrant for alleged failure to meet conditions of sentencing.

Todd Patrick Galen, 53, of Merrill Road, Byron, is charged with criminal contempt, 2nd. Galen allegedly violated a court order by failing to comply with animal control regulations.

Tyler J. Penepent, 21, of Oakfield, is charged with petit larceny. He allegedly stole a car lighting bar worth $12.96 from WalMart. 

Kristen E. Dwyer, 23, of Rochester, is charged with unlawful possession of marijuana. Dwyer was stopped on Judge Road by State Police for an alleged expired registration. She was allegedly found in possession of 3.5 grams of marijuana in a baggie, a glass pipe containing burnt marijuana and a multicolored glass pipe containing burnt marijuana residue.

Complaint of loud rooster on Vernon Avenue

By Howard B. Owens

Batavia PD is asked to check on a loud rooster on Vernon Avenue, Batavia.

The caller wishes to remain anonymous at this time.

The rooster is believed to belong to a resident on Vernon Avenue.

Man with Genesee County ties given year in federal prison on racketeering charge

By Howard B. Owens

An East Rochester man, whom federal authorities say has ties to the Hells Angels, has associates in Genesee County and was arrested in 2009 in Corfu as part of reported scrap metal heist, has been sentenced to 12 months in federal prison on a racketeering charge.

Timothy M. Stone, 36, was convicted of being an accessory after the fact to an assault with a dangerous weapon in aid of racketeering activity.

Stone was convicted of participating in a May 31, 2006 baseball bat attack on a male patron at Spenders Bar in Rochester. Surveillance cameras recorded the attack and the video was stored on a computer hard drive. Stone forcibly removed the hard drive and took the hard drive from the bar and later destroyed the hard drive and the baseball bat used in the attack.

The case is part of a larger investigation that stretches from Monterey, Calif., to Oakfield, with Oakfield residents James H. McAuley Jr. and Donna Boon being charged, along with others, of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine.  

Gordon L. Montgomery, of Batavia, has already been convicted on the charge. He is scheduled to be sentenced May 3.

Robert W. Moran Jr., of Rochester, and Gina Tata, of Rochester, are charged with assault with a dangerous weapon in aid of racketeering activity; and McAuley is charged with conspiracy.

A jury trial for Richard W. Mar, of Monterey, McAuley, Moran, Boon, Jeffrey A. Tyler, of Rochester, and Tata, is scheduled to begin March 7.

Some of the prior related stories:

Student-athletes invited to session on NCAA rules at BHS

By Howard B. Owens

High school student-athletes interested in playing sports in college are invited to a discussion tonight in the library of Batavia High School starting at 6:30 p.m. The workshop is open to student-athletes grades eight through 12 and their parents and will provide information on NCAA rules and requirements, eligibility, scholarships and recruiting. Kelly Cruttenden, an associate athletic director at University at Buffalo, will lead the discussion.

Law and Order: Oak Street resident accused of trying to force way into a home

By Howard B. Owens

Lionel J. Anderson Sr., 44, of Oak Street, Batavia, is charged with criminal trespass, 2nd, and harassment, 2nd. Anderson allegedly tried to enter a residence on Dellinger Avenue at 10:55 p.m. Sunday after being told to leave. He allegedly pushed one of the residents. He was jailed on $5,000 bail or $10,000 bond.  (UPDATE: Though the reported times are different, Det. Eric Hill confirms this arrest is related to this report last night).

Adrian P. Morris, 36, of South Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, and inadequate headlights. Morris was stopped by Le Roy PD on West Main Street, Le Roy.

William J. Hixenbaugh, 26, of Le Roy, is charged with harassment, 2nd. Hixenbaugh was allegedly involved in a fight in the Village of Le Roy on Friday.

Lisa M. Volk, 21, of Batavia, is charged with petit larceny. Volk is accused of shoplifting at Walmart. She allegedly took $40 worth of nail polish.

Jessie Benedict Joy, 20, of Telephone Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, drinking alcohol in a motor vehicle, driving while using a mobile phone, driving left of pavement markings. Joy was stopped at 3:43 a.m. on Telephone Road, Pavilion, by Deputy Ryan Young.

Richard Andrew Germony, 30, of Wildwood Place, Buffalo, was arrested on a warrant for alleged failure to pay fine. Germony is being held in the Genesee County Jail pending his next court appearance.

Andrew C. Webster, 22, of Gillete Road, Alexander, was arrested on a warrant for allegedly failure to comply with court-ordered treatment. He was jailed on $1,000 bail.

Kathryn M. Yark, 18, of Harlem Road, of West Seneca, is charged with criminal possession property, 5th, and unlawful possession of a personal ID, 3rd. Yark was arrested on a warrant and released back to a treatment program.

Jennifer L. Stack, 29, of South Main Street, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd. Stack was allegedly involved in an incident Feb. 4 on West Main Street, Batavia, where she threatened another person and violated an order of protection. Stack was jailed on $1,000 bail.

Yolanda E. Johnson, 29, is charged with West Main Street Road, Batavia, turned herself in on a warrant for alleged failure to appear on a traffic citation.

Maggie S. Dipilato, 21, of Hutchins Street, Batavia, is charged with criminal mischief. Dipilato was arrested following an investigation into a domestic incident. Dipilato allegedly struck a male in his face damaging his eyeglasses. She was jailed on $500 bail.

Gerard H. Altenburg, 21, of Main Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Altenburg was arrested following an investigation into a motor-vehicle accident on Gilmore Street, Pembroke, reported at 9:04 p.m. Friday. The accident was investigated by Deputy Ryan DeLong. Altenburg was jailed on $1,500 bail.

Robert C. Paris, 26, of West Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to stop at stop sign. Paris allegedly failed to stop at a stop sign on Redfield Parkway, Batavia, at 2:14 a.m. Saturday and was stopped by Deputy Ryan DeLong.

Jacqueline Jane Kurcoba, 38, of Pittsford Mendon Road, Mendon, is charged with DWI and insufficient tail lamps. Kurcoba was stopped at 1:14 a.m. Sunday on Lewiston Road, Alabama, by Deputy Eric Meyer.

Kyle Lee-Maddison Michaels, 18, of Overlook Drive, Batavia, is charged with trespass. Michaels allegedly refused to leave the BOCES campus on State Street Road, Batavia.

Ann Marie Schiegel, 38, of Porter Road, Medina, was arrested on a warrant stemming from two counts of petit larceny. Schiegel was jailed on $250 bail.

A 17-year-old resident of Byron is charged with unlawful surveillance, 2nd. The youth is accused of using a mobile phone to view a female victim in a woman's bathroom stall.

Coty Lee Kimmel, 22, of Alleghany Road, Corfu, is charged with criminal possession of a stolen property, 4th. Kimmel allegedly possessed a credit card belonging to another person without permission.

Person reportedly taking pallets at Kmart

By Howard B. Owens

Troopers are dispatched to Kmart to investigate an individual in a black pickup truck who is at the side of the building loading wooden pallets into the vehicle.

The individual was told to stop and leave, but reportedly has stayed and continued to load pallets.

UPDATE 10:25 a.m.: The subject has left on Lewiston Road. He is described as a white male with a beard and glasses.

UPDATE 10:31 a.m.: It sounds like the person was located and the deputy is returning to Kmart. He said, "no charges."

Call reports eight people trying to force way into residence on Dellinger Avenue

By Howard B. Owens

A caller believes as many as eight people are trying to break into her residence on Dellinger Avenue.

She reports at least some of them having baseball bats.

Batavia PD just arrived on scene.

A deputy reports some sort of "commotion" on the Walnut Street bridge.

A suspect may have left in a gold van.

UPDATE 9:06 p.m.: Police are searching for a suspect.

UPDATE 9:08 p.m.: A second suspect is described as a Jamaican and wearing a red T-shirt.

UPDATE: For a related arrest, see today's Law and Order.

Sponsored Post: Strike Out for Crossroads House kicks off Friday, February 12th. Sign up today!

By Lisa Ace

The 20th Annual Betty Ellison Memorial “Strike Out” for Crossroads House Bowling Tournament will kick off Friday night, Feb. 12th, at 6 p.m. at the Mancuso Bowling Center. Rick Mancuso and Mike Sputore teamed up with organizers Cindy and Tara Lowder to make this the biggest tournament yet. This year we are offering an extra Friday night shift, live bands, more raffle prizes and as always at Mancuso’s, a top-notch bowling experience. 

The Betty Ellison Memorial Tournament is the oldest running annual fundraiser for Crossroads House. The first two tournaments took place before the house opened its doors in 1998 and was instrumental in funding the launch of this area’s only 24-hour comfort care home for the dying. 

Shifts are available: Friday Feb. 12th at 6 p.m.; Friday, Feb. 19th at 6 p.m.; Saturday, Feb. 20, at 3 and 6 p.m.; Sunday, Feb. 21st, at 1 p.m.

Five-person teams are $100. Registration forms are available at Crossroads House: 11 Liberty St., Mancuso Bowling Center: 214 E. Main St., or online at www.crossroadshouse.com where you can pay securely with PayPal.

In addition to the bowling will be live bands at T.F. Brown's. On Friday night, Feb.12th, M.A.C. will perform at T.F. Brown's starting at 10 p.m. and the following Friday the 19th, Savage Cabbage will play. Both bands will be available for a $2 cover charge with proceeds going to Crossroads House.

Sign up to bowl or just come out on either Friday night for great music, drinks and food.
For more information call Cindy (585) 993‐0584 or Tara (585) 409‐0136

Man charged with harassment and trespass after incident at St. Joe's

By Howard B. Owens
     Daniel Kuczka

A 73-year-old man faces criminal charges following an incident during student mass at St. Joe's this morning, after the man allegedly took a student by his arm who was in line for Holy Communion and led him through it and then back to his seat in a pew.

Police did not indicate what the man's motivation might have been or what statements he may have made while inside the church, but said the man has no prior relationship with the church nor the student involved in the incident.

Daniel S. Kuczka, 73, is charged with harassment, 2nd, and criminal trespass, 3rd.

According to police, Kuczka entered the church during a private Mass for students of St. Joe's and Notre Dame. He made "inappropriate" comments to staff and was asked to leave.

During Communion, Kuczka reportedly returned to the Mass and grabbed a juvenile who was in line, saying, "Come with me."

Police were called and when patrols arrived, Kuczka was taken into custody without incident.

Police say that investigators found there was no attempt by Kuczka to remove the student from the service.

WBTA celebrates 75 years of on-air community service, news and information tomorrow

By Howard B. Owens

Submitted story:

WBTA Radio, Genesee County's only locally owned commercial radio station, marks its 75th year of broadcasting this Saturday.

The station went on the air at 7 a.m.,  Thursday, Feb 6, 1941. It has been licensed as WBTA since its inception.

The first voice on the air was that of the “genial” Jerry Flynn who opened the program, “Rise and Shine,” according to an article published in the Daily News. Flynn became better known later as a sports announcer. The station's studios and offices were located on the second floor of 90 Main St. in Batavia where they remained until 1957.

WBTA studios moved several times over the years. Its next location was 22 Seaver Place, now the JCPenney store's loading dock. For several years the station occupied the second floor and later the first floor of 413 Main St. at the corner of Harvester Avenue. The station moved to 113 Main St. in 2004 when it was purchased by its present owner, HPL Communications, Inc., owned by Daniel and Debrah Fischer.

As the studios and offices moved, the station's transmission and tower site has remained on Creek Road in the Town of Batavia. In the early years, an engineer was required to be at the transmission site whenever the station was on the air. Technical improvements in the late 1950s allowed the station to be remote controlled from the studio.

The station was originally owned by three Batavia residents: Joseph Ryan, of Union Street; Edward P. Atwitter, of East Main Street and Edmund R. Gamble, of Vernon Avenue. Gamble also served as the general manager.

After the outbreak of World War II, several members of the station's staff left for military service including Gamble.

The next local owner of WBTA was William F. Brown. Brown was best known for his regular editorials on local issues. He won 16 Best Editorial awards from the New York State Broadcasters Association.

Brown expanded the station's news coverage, which was apparent in the 1971 coverage of the Attica Prison Revolt.

In February 2004, the Fischers' formed HPL Communications, purchased WBTA and moved to Genesee County.

New digital studios were built and WBTA moved to its present location at the corner of Main and Center streets, which became the name of the station's morning talk show, “Main & Center.”

From 1977 to 2000, WBTA operated an FM station that was licensed to Attica, NY. The station was sold and became WLOF, which beams Catholic programming into the Buffalo area.

Under HPL, the station launched another FM station in 2014. It is licensed under the Federal Communications Commission (FCC) translator rules and allows WBTA to broadcast in stereo at 100.1 Mhz. The station also streams 100 percent of its programming on the Internet at WBTAi.com and via mobile devices with custom apps for Android and iPhone systems.

“We are proud of WBTA's legacy of service to Batavia and Genesee County,” Fischer said. "As a licensee of a broadcast station, we pledge to the FCC to 'serve the public interest, convenience and necessity as a public trustee.' ”

WBTA is known in the industry as a “heritage” station, Fischer added, “our listeners have grown up with us.” Over the years we have reported individual milestones: births, anniversaries and obituaries. In times of war, the station has reported on service of local men and women in uniform.

The station has broadcast hundreds of local sporting events and have followed area high school teams to regional and state championships. WBTA has been the broadcast voice of Batavia's professional baseball team, the Muckdogs.

Through affiliations with national news organizations such as ABC Radio, WBTA has provided coverage of the most notable events of the 20th and 21st centuries including the Pearl Harbor attack, the assassinations of the 1960s, wars in Korea, Vietnam and the Middle East, the manned moon landing and the terror attacks of Sept. 11, 2001.

“Radio broadcasting has certainly undergone significant changes over the past 75 years and will continue to change and evolve over the next 75 years,” Fischer said, “but I believe its basic commitment to serving the public interest will never change.”

Photo by Howard Owens. Pictured, Dan and Debbie Fischer.

UPDATED: Tonawanda credit union warns of local scam, Le Roy FCU does, too

By Howard B. Owens

Press release:

Attention Tonawanda Valley Federal Credit Union Members: We have been made aware this morning, Friday, Feb. 5, that an automated call is being made to members and non-members saying that TVFCU needs their card information. This is a scam and you should hang up the phone immediately.

Please do not enter any information during these phone calls! TVFCU will never call and ask for your card number or any other private information. 

If you have given your card information during the phone call and you are a TVFCU member please call us at (585) 343-5627.  

If you are a non-TVFCU member please contact your own financial institution. 

We apologize for any inconvenience this may have caused you.

UPDATE 1:30 p.m.: Officials at the Le Roy Federal Credit Union contacted us to report many of their members are reporting the same scam. "We've been getting many calls and walk-ins from members stating that they have been receiving these calls as well. We also advise to NEVER give out card/account numbers over the phone. If they have questions, they may call us at (585) 768-7207," says Kimberly Antinore, Member Services, Le Roy Federal Credit Union.

Woman reportedly in labor, delivering baby in car on Oak Street

By Howard B. Owens

CIty fire and Mercy EMS are dispatched to Oak Street and North Lyon for a woman in labor reportedly delivering a baby.

UPDATE 10:07 a.m.: A police officer on scene reports the baby has been delivered.

UPDATE 10:15 a.m.: "ER go ahead." "In route with a mother and baby -- delivered in the field -- baby's fine, mom's fine. We'll see you in 10." "You're clear."

UPDATE 10:27a.m.: Batavia Police Officer Frank Klimjack said the baby's father made the delivery prior to his arrival on scene. They are all at UMMC now.

City staff to hold informational meeting Feb. 10 about this summer's Washington Avenue sewer reconstruction project

By Billie Owens

The City will host an informational meeting from 4 to 6 p.m. on Wednesday, Feb. 10, regarding the planned sewer reconstruction on Washington Avenue.

The project will go from Jefferson to Ross Street and include a small section on State Street north of Lewis Place. The project is scheduled for this summer and will replace the sewer line and include replacement of some water services. 

The "open house" meeting will be held in the Council Boardroom on the second floor at Batavia City Hall.

City staff will be available to review plans, discuss the project, listen to concerns and answer any questions you may have.

About 30 trees will be removed soon on Summit Street in advance of reconstruction project, later about 60 trees will be planted

By Billie Owens

Press release from Matt Worth, director of the City's Department of Public Works:

The City has begun tree removal work on Summit Street in advance of the reconstruction project to be completed this summer.

This work will result in the removal of approximately 30 tree on Summit Street, which need to be removed as they conflict with new utilities, sidewalks or curb lines to be installed, or they are in a deteriorated condition.

This work may result in some short-term delays to the traveling public on Summit Street until the removals are complete, which is expected to take a couple of weeks.

The reconstruction of Summit Street includes the installation of approximately 60 new trees as part of the landscaping work to be completed as part of this project.

County committee gives nod to city's economic development proposals

By Howard B. Owens

A plan hatched by the City, the Batavia Development Corp. and the Genesee County Economic Development Center to redirect some money generated by economic development into brownfield area cleanup received the support Wednesday of the county's Ways and Means Committee.

The committee approval means the proposal will be voted on by the full County Legislature at its next meeting.

The plan, unique in the state, called Batavia Pathway to Prosperity, will create a fund from PILOT (payment in lieu of taxes) payments that can be used for environmental clean up on properties within the city's brownfield opportunity area, a 366-acre designation covering the city's core.

A PILOT provides a business undertaking local economic development (creating jobs, increasing the tax base, adding to local economic growth) with a break in taxes for the increase in assessed value on the property being developed. Typically, if a business puts a new building on vacant land or adds onto an existing building, the assessed value of the property will increase, which means higher property taxes paid to the city (town or village), school district and county. A PILOT reduces those taxes in exchange for payments to the taxing jurisdictions. The payments could be in the range of 70 percent of what the increase in taxes would have been without the PILOT. The property owner still pays 100 percent of the taxes on the original assessed value. PILOTs typically run for 10 years on a graduated scale, with property taxes due increasing every two years over the life of the PILOT.

The new program would redirect half of the PILOT payments from projects in the city to an investment fund (a PIF) that would be available to property owners in the future who wish to redevelopment brownfield properties and need assistance with the environmental cleanup.

"This creates a fund that gives the BDC and the EDC working together and providing collective oversight the opportunity to look at broad range investment opportunities," said Steve Hyde, CEO of the GCEDC. "(The projects) still have to be for the public good, but (the property owner) can turn around and maybe do some creative financing type of things to really move some property and get them redeveloped and start to heal the poverty and blight down in our core."

Marianne Clattenberg, now a legislator but a former City Council president, said the city has needed something like this for a long time, but had other problems to solve first before something forward-looking could be brought to the table.

"We knew going in we could never do this by ourselves, that we needed partners and we needed to have everybody on board and engaged to bring the city back to where it needs to be," Clattenberg said. 

County Manager Jay Gsell said a program like this could spark a renaissance in the city.

"The need is unique and this is the kind of structural financing that gives the adroitness necessary to having this kind of money available," Gsell said.

The committee also approved a city plan to provide tax relief on so-called zombie properties. The program would provide a PILOT-like tax abatement on the increase in assessed value of a home that is currently vacant and has been vacant for some time that a person buys, renovates and then lives in. While the abatement isn't available to an investor who buys a zombie house, fixes it up and then rents it out, the abatement could be available to the next owner if that same investor fixes it up and then sells it to an owner-occupant. 

There are 50 to 60 such zombie properties in the city, not all of which can be saved, but some retain some value and could be renovated. The property must be single family, or converted to a single-family residence.

Hyde said the two programs together are the sort of thing that can spur economic development in the city's core and attract the Millennials who will be taking jobs at STAMP (Alabama's Science and Technology Manufacturing Park) to the city.

Sponsored Post: Real estate investor meeting will be held on February 11th!

By Lisa Ace

Genesee County real estate investor meeting to be held at the Clarion Hotel on Park Road in Batavia on Thursday, Feb. 11th. Networking begins at 6:30 p.m., followed by an hour-long informational class at 7 p.m. The class topics will include: "how to analyze properties for real estate investing" and "the five R's of real estate investing." This class is geared toward current or potential landlords and real estate investors, or anyone in the real estate field looking to network. For more information or questions, please call 585-576-5618.

Chamber completes purchase on Park Road building, ready to start construction

By Howard B. Owens

Renovation work on the future home of the Genesee County Chamber of Commerce and Tourism Bureau could begin in early spring, said Chamber President Tom Turnbull.

The chamber completed the purchase of the property at 8276 Park Road, Batavia, on Friday.

A request for construction bids on the project should go out in the next couple of weeks.

The chamber anticipates spending $900,000 on the project, which involves totally renovating and reconfiguring the building into office and meeting space suitable to the needs of the chamber and tourism bureau.

The location was selected in a large part because of its proximity to the Batavia exit for the Thruway and the concentration of hotels in the area.

The chamber purchased the building for $275,000.

The cost will be reduced a bit because of significant donation to the project by U.S. Gypsum.

Ray Dunlevy, a Gypsum executive in Oakfield and a member of the Chamber's board, came forward and said Gypsum would donate all of the drywall for renovation.

Nearly every current wall will come down inside the building, and new walls will go up, so it's a significant contribution to the project.

Turnbull really doesn't know the exact value of the donation. He said maybe $4,000 to $6,000.

"Everyone I talk to, and I'm not a contractor, says, 'that's worth thousands of dollars,' " Turnbull said.

The project's architect, Ed Smart, has been in touch with the general manager for Gypsum in Oakfield, Jim Perry, and Turnbull said Perry's message to Smart was, "Just tell us what you need."

The drywall is manufactured in Aliquippa, Pa.

Turnbull said nobody asked Gypsum for a donation. Dunlevy spoke up at a meeting and made the offer.

"It shows what a good community partner they are, just stepping up," Turnbull said. "They volunteered it and it's wonderful. It's going to help the project quite a bit."

File photo.

Law and Order: Driver accused of narcotics possession, no interlock device

By Howard B. Owens

Jackie Ann Duepenngieser, 32, of Page Road, Perry, is charged with three counts of criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 2nd, driving without an ignition interlock device, unregistered motor vehicle and unlicensed operator. Duepenngieser was stopped at 6:23 p.m. Wednesday on Griswold Circle, Le Roy, by Deputy Michael Lute. Duepenngieser was allegedly found in possession of a scheduled nartocitc that was not prescribed to her along with a quantity of cocaine and heroin. Duepenngieser was jailed on $1,000 bail or $2,000 bond.

James Russell Kosiorek, 23, of Main Street, Batavia, is charged with petit larceny. Kosiorek allegedly stole a DVD player from Kmart.

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