batavia

A man who stole $6,000 from the bedroom of an acquaintance admitted in County Court today to one count of fourth-degree grand larceny and faces a possible term of one to three years in state prison.

Benjamin J. Bullard, 28, of Maple Street, is out of jail under supervision of Genesee Justice until his sentencing Oct. 13.

Bullard has a prior conviction for grand larceny in City Court; he entered that plea in October.

He was arrested earlier this month on the grand larceny charge, accused of stealing the $6,000 from a residence on Swan Street while the occupant was on vacation.

A Stafford resident accused of dealing drugs in a parking lot off Main Street, Batavia, in March, admitted in County Court today to one count of criminal possession of a controlled substance, 5th.

The plea deal means a possible prison term for Joseph C. Wind, 45, of Horseshoe Lake Road, Stafford, of two to five years.

Wind was observed by members of the Local Drug Task Force participating in a drug deal and was arrested following a traffic stop. 

Investigators found Wind in possession of heroin.

Sentencing is scheduled for 9:30 a.m., Oct. 14, in County Court. He is being held on $50,000 bail.

A 23-year-old Batavia resident will spend three-and-a-half years in prison as the result of his guilty plea last month to one count of criminal possession of a narcotic drug with intent to sell.

Dillion M. Brito, with an address on Highland Park at the time of his arrest in June, was sentenced in Genesee County Court today by Judge Robert C. Noonan.

Brito was arrested in the parking lot of Kibbe Park after being found with a quantity of crack cocaine.

Upon his release from state prison, Brito will be on two years post-release supervision.

Press release from City fire Lt. Martin Hinz:

The City of Batavia Fire Department will be flushing fire hydrants on Tuesday, Aug. 18, from approximately 9 a.m. to 3 p.m. in the general area of West Main Street, Oak Street and Richmond Avenue. Homes and businesses nearby will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

A car struck a gas pump at the Citgo Station at 16 Clinton St., Batavia. No injuries. The vehicle is leaking fluids, but it's not yet known if the gas pump is leaking. Town of Batavia Fire Department is responding.

To purchase prints, click here.

Joey Belladonna, lead singer of the metal band Anthrax and native of Oswego, brought his cover band Chief Big Way to Center Street Smoke House on Friday night. The room was packed with fans as the trio, with Belladonna on drums, powered through big rock hit after hit. Tom Mazurkiewicz, who became friends with Belladonna after meeting him at Darien Lake, helped arrange the appearance.

For local Dunkin' Donut franchisee Mike Mikolajczyk, he thinks he's found the perfect location to open up a second shop, but the problem is, for the second time, land-use planners disagree.

In September of last year, the City Planning Board listened to objections raised by nearby residents and rejected a plan for a donut shop on West Main Street on a small lot between Five Star Bank and Barrett's Batavia Marine.

Mikolajczyk and his architect presented a new plan that they hope addresses traffic flow concerns to the Genesee County Planning Board, but the board voted to recommend disapproval of the site plan.

That doesn't kill the project. The City Planning Board can still approve the plan with a majority-plus-one vote.

The revised plan, said architect Kip Finley (photo), would allow for eight cars in queue before backing up into the parking lot, and the parking lot could accommodate an additional five cars before they would start backing up onto West Main. 

Mikolajczyk's existing Dunkin franchise location, on West Main and Ellicott Avenue, captures mostly westbound commuter traffic in the morning. The proposed new location, said Finley, would help the small business owner capture more business from eastbound commuters.

With the recommended disapproval, it's back to the drawing board, Mikolajczyk said, to try and come up with a project that planners will favor. It's important enough to him, he said, to keep trying.

"It's a good location for the type of business we are," Mikolajczyk said. "That's the best location. I don't want to do a location just for the sake of putting another one in, another Dunkin' in. I want to make sure I have the right location."

Other County Planning Board recommendations:

• Approval of an area variance for a new barn in the front yard of 10528 Pavilion Center Road. The proposed barn meets setback requirements, but the Town of Pavilion's zoning code doesn't permit front yard accessory buildings. County planners said the proposed barn is not likely to have significant community-wide or local impacts and there are other properties in the area with front yard accessory buildings;
• Approval with modifications for a special use permit for a restaurant as an accessory business to proposed hotel at 7758 E. Main Road, Le Roy. Planners want to see more parking for the business;
• Approval for a solar array at 6332 Byron Holley Road, Byron;
• Disapproval of a proposed subdivision for a 17-lot subdivision on Fieldcrest Drive, Corfu. Planners found the proposed subdivision plans do not comply with existing code because of a lack of detail in the plans. Planners also expressed concern about the lack of protection for federally identified wetlands on lots 9, 10, 16 and 17;
• Tabled consideration of a variance for fence height at 8903 Route 237, Stafford. Planners were concerned about the lack of detail. The application lacked plans and pictures. Property owner James Pontillo said he turned in all of the required documents to the Town of Stafford. If he did, the documents were not forwarded to the County Planning Department. Pontillo said he would have his attorney provide the materials by the board's next meeting.

Jason L. Perry, 20, of Batavia, was arrested for criminal mischief, 4th, after he allegedly caused damage to the apartment door and frame after a verbal argument with his roommate, according to State Police. Perry was issued an appearance ticket for Town of Byron Court on Aug. 17.

Kristen M. Stedman, 43, of Blue Aspen Way, Greece, is charged with petit larceny and failure to notify the DMV of a change of address. She was arrested Aug. 12 after Batavia Downs employees allegedly witnessed Stedman stealing alcoholic beverages from the kitchen of one of the restaurants. She was jailed in lieu of $1,000 bail. The case was handled by Batavia PD officers Peter Flanigan and Felicia DeGroot.

Meghan M. Ward, 20, of Auburn, was arrested for unlawful possession of marijuana. Ward was a passenger in a vehicle that was stopped for an improper left turn at the main entrance to Darien Lake Amusement Park. Troopers detected a strong odor of marijuana coming from the vehicle. Further investigation allegedly revealed Ward had in her possession a plastic container containing a marijuana cigarette with less than one gram of marijuana, a multicolored smoking device containing marijuana residue and a metal grinder containing loose marijuana. Ward was issued an appearance ticket for Town of Darien Court on Aug. 18. The operator of the vehicle was issued a traffic ticket.

Peter T. Bannon, 55, of East Berne, was arrested for criminal possession of marijuana and commercial vehicle violations when he was stopped on State routes 77 and 5 in Pembroke on Aug. 11. An investigation allegedly revealed about two and a half ounces of marijuana is his possession, according to State Police. He was jailed on $1,000 bail is set to be in court Sept. 8.

Dekota S. Leiser, 23, of Linwood Avenue, Warsaw, is charged with third-degree aggravated unlicensed operation of a motor vehicle after being arrested Aug. 13 on a warrant from Batavia City Court. Leiser allegedly failed to appear on the July 11 AUO, 3rd, charge, so the warrant was issued. Leiser was jailed in lieu of $500 bail and is due back in City Court Aug. 20. The case was handled by Batavia Police Officer Christopher Lindsay.

Christine M. Cordes, 30, of East Main Street, Batavia, was arrested Aug. 13 on a bench warrant for allegedly failing to appear on a traffic ticket issued Jan. 25 for third-degree aggravated unlicensed operation. She was jailed in lieu of $500 bail. The case was handled by Batavia Police Officer Jamie Givens.

Friends of the Batavia Peace Garden will hold a pasta dinner fundraiser on Thursday, Sept. 17th, at the Morganville United Church of Christ, located at 8466 Morganville Road, Stafford. Eat in or take out. Time is 4 to 7 p.m.

Tickets are: $8 --presale; $9 at door; $5 -- age 10 and under.

To get tickets in advance, contact:

Dona Palmer
585-297-2230
E-mail:  donamariepalmer@yahoo.com

The Batavia Area Jaycees 29th Annual Labor Day Run & Walk will be held on Monday, Sept. 7, starting at MacArthur Park in Batavia.

The route is USA Track & Field certified (#NY-06038-JG).

Participants should check in between 8 and 9:30 a.m.

Registration fee for runners is $12 if pre-registered and $15 afterward, including day of event. Walkers can register for $10.

The first 100 participants will receive a free T-shirt and awards will be presented to the top finishers.

Registration forms are available online at www.bajny.com and this year you can register online at Score-This. A direct link is:

https://reg.score-this.com/regx/step1.jsp?eventID=1508

The race committee is actively seeking sponsors as well as promotional items for the participants' bags for this event. If you are interested in learning more about sponsorshio, please leave a message at 585-343-5775 or e-mail to bajny@yahoo.com

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.