batavia

Via WBTA:

Tensions are rising over a proposed Seneca Casino in Henrietta.

The law firm for Rochester developer David Flaum -- who’s working with the Senecas to explore a Las Vegas-style casino in Henrietta -- has written a letter to Western Regional Off-Track Betting threatening legal action.

It’s over the complaint filed by WROTB to the state ethics board over alleged illegal lobbying activities. The complaint seeks exploration of potential violations of the state’s lobbying law between the Seneca Gaming Corporation/Seneca Nation and Flaum. Batavia Downs CEO Michael Nolan told WBTA at the time of the filing that “evidence exists to support the conclusion that Mr. Flaum and Flaum Rochester have been acting as unregistered lobbyists and have accepted a contingent-based employment from the Nation.

Also some evidence exists to support that the Nation and the Seneca Gaming Corporation are considered lobbying clients of Mr. Flaum and Flaum Rochester and have failed to submit required semiannual reports.”

The developer’s attorney called the complaint “fabricated” and that if it wasn’t dropped, they would sue OTB.

OTB officials say it’s well within their right to seek an opinion from the ethics panel.

“We just submitted the complaint to JCOPE, which is a state commission that’s tasked with interpreting if a contract of this type falls within the ethics law,” OTB President and CEO Michael Kane said. “That’s all we’ve done.”

Multiple municipalities and politicians have voiced their opposition to the casino, saying it would have negative effects on Batavia Downs and the area.

The Senecas purchased 32 acres of land in the Town of Henrietta earlier this month.

City firefighters were at Dewitt Recreation Area today for a round of ice and cold water rescue training.

Lt. Bob Fix, a certified ice and cold water rescue instructor, conducted the class.

The purpose of the course is to provide fire personnel with the skills and knowledge required to safely and effectively respond to incidents on our through ice.

There are 325 acres of open water within city limits. The Tonawanda Creek runs for 2.79 miles through the city.

Upon completion of the training, participants will be certified in ice rescue awareness, operations and technician levels for three years.

A seagull was more interested in the open water as a possible fishing hole than rescue training.

Bruce Jeramie Brade, 33, of Galloway Road, Batavia, is charged with grand larceny, 3rd, and seven counts of forgery, 2nd. Brade allegedly stole checks from his grandmother over the course of several months in 2013 while he was living with her. The value of the checks allegedly totaled $3,680. Brade was jailed on $15,000 bail.

Landon Wayne Carroll, 32, of Buell Street, Akron, is charged with felony DWI, felony driving with a BAC of .08 or greater, speeding and aggravated unlicensed operation, 2nd. Carroll was stopped at 12:32 a.m. Saturday on Oak Street, Batavia, by Officer Chad Richards.

Samantha L .Tennity, 19, of Hall Street, Batavia, was arrested on a City Court Warrant. No further details released. Tennity was reported by the Sheriff's Office, also, as being arrested on a bench warrant from Town of Batavia Court. She was jailed on $1,000 bail or $2,000 bond.

Tiffany M. Neal, 22, of 115 State St., upper, Batavia, is charged with endangering the welfare of a child. Police responded to a call for assistance at Neal's residence and allegedly found Neal and her 1-year-old child living in "deplorable conditions." Neal was issued an appearance ticket. DSS assisted in the investigation.

Joshua L. Baltz, 37, of Old Meadow Lane, Batavia, is charged with petit larceny. Baltz is accused of shoplifting from Kwik Fill.

Lauralee Pacer, 28, of Jackson Street, Batavia, is charged with aggravated harassment. Pacer allegedly sent a man she knew 75 "unwanted and annoying text messages that served no legitimate purpose."

Samantha A. Bowles, 24, of East Main Street, Le Roy, was arrested on a bench warrant for alleged failure to pay a fine from a previous conviction on disorderly conduct. Bowles was jailed on $200 bail.

Joey Aaron Evans, 23, of State Street, Batavia, was arrested on a bench warrant for alleged failure to comply with drug court. Evans was jailed on $100,000 bail.

Chiyannon J. Bundy, 26, of Main Street, Le Roy, was arrested on a bench warrant for alleged failure to appear. Bundy was jailed on $200 bail.

Kyle Robert Washington, 24, of South Lake Road, Pavilion, is charged with unlawful possession of marijuana, public appearance under the influence of a narcotic or drug, and drinking alcohol in a motor vehicle on a public highway. Washington was arrested at 11:59 p.m. Saturday at 572 E. Main St., Batavia, by Deputy Joseph Corona.

Tracy Lee Moore, 47, of Asbury Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and failure to keep right. Moore was stopped 2:08 a.m. Sunday on Oak Orchard Road, Batavia, by Deputy Joseph Corona.

Dalton Allan Long, 19, of West Main Street, Caledonia, is charged with criminal possession of stolen property, 5th. Long is accused of possessing property that was reported stolen in Oakfield in September 2013.

Jeffrey L. Smith, 44, of Vinton Road, Irondequoit, is charged with petit larceny and criminal possession of stolen property, 5th. Smith is accused of stealing merchandise from Walmart. Smith reportedly left in a vehicle and was located later, allegedly in possession of stolen property.

Michael Francis Hurley, 42, of Marine Drive, Buffalo, is charged with DWI, driving with a BAC of .08 or greater and insufficient headlamps. Hurley was stopped at 1:22 a.m. Tuesday on West Main Street, Batavia, by Deputy James Diehl.

The Sauer family of Clarence has a very sick 4-year-old son who is battling an extremely rare form of brain cancer -- Stage IV glioblastoma.

Ben started getting headaches in January and after multiple doctor visits, an aggressive tumor was found. Despite strong chemotherapy and radiation, his tumor has tripled in size in the past three weeks.

Yet in the face of this grim development, a legion of supporters has sprung up. Their outreach campaign to help the stricken child has garnered media attention and captured the hearts of many Western New Yorkers.

Two of those supporters happen to be InSource Healthcare Solutions President and CEO Mark Celmer and Batavia resident Melissa Mortimer-Marsocci, the firm's chief operating officer.

Mark attends the same church as the Sauers. When he told Melissa about the family's plight, she decided to do something to help and is offering blue T-shirts for sale through Insource to offset the boy's medical expenses.

“This story about Ben touched my and Mark's hearts for a number of reasons, however, a couple of them touched home personally," Mortimer-Marsocci said. "One, I am the mother of a 4-year-old, and could not imagine facing such horrifying circumstances with the possibility of my son dying. The other piece is that both Mark and I are Christians, strongly rooted in our faith, like Mindy, Ben's mom. Mindy's faith is beyond the definition of amazing.”

Her heart-wrenching blog about her family's journey was the catalyst for a campaign dubbed blue4ben (blue4ben.com). Aptly named because that is his favorite color and it is also the one his parents typically dress him in to distinguish him from his identical twin brother, Jack.

Subsequently, Web sites, Facebook pages and fundraisers have been launched.

Insource will be collecting orders for T-shirts to benefit Ben until March 28 and 10 days later, the shirts will be available for pick up at the Batavia Urgent Care Center.

They have already received a large order from Johnson Automotive, and order forms went out to students at St. Joseph's School as well.

“A few years ago, our community lost a young boy to the battle of cancer, Michael Napoleone. As a community, we know how that feels, and what an opportunity for us to pull together in prayer and support, in hopes of a miracle for Ben,” Mortimer-Marsocci said. “Help us turn Genesee County blue for Ben.”

The Genesee County Baseball Club hosted its annual Hot Stove Dinner last night at the Clarion Hotel. The event featured a silent auction and a live auction. K-9 Destro with Deputy Chis Erion also made a guest appearance.

The Batavia Muckdogs first home game is at 7 p.m., June 14.

In middle school, Spencer Hubbard was bullied. Today, you can call him Mr. Batavia.

The Batavia High School senior won the title Friday night during its second annual Mr. Batavia competition.

When Hubbard's name was announced as the winner, a packed auditorium of high school students, parents and faculty let out a robust cheer and round of applause.

"It shows how far we've come as people that a gay student can become Mr. Batavia," Hubbard said during his acceptance speech.

Hubbard was tops in a field of 10 in a competition that included lip syncing, a talent contest, a Q&A and a tuxedo walk. Five judges from the community awarded points to the contestants and a committee tallied up the points to pick the winner.

More than $2,200 was raised for the winner's charity. In this case, Hubbard picked Habitat for Humanity.

"I feel like it's a basic need, that people need homes," Hubbard said. "A lot of people are homeless who don't deserve to be. They really need that help."

Hubbard is planning to attend the University of Tampa on a $25,000 scholarship. He will major in journalism.

BHS Principle Scott Williams praised Hubbard as a bright student and talented actor.
As part of the competition, Hubbard performed a self-written satire of a Target clerk that had more funny lines than a Saturday Night Live skit. 

Hubbard said he thinks his acting talent and his self confidence, especially during the swimsuit competition and lip syncing, is what helped sway the judges in his favor.

Last year, Lee Johnson won the contest, in its first year, and Johnson returned Friday night to entertain the crowd while the judges' ballots were tallied. It was a regular stand-up routine, but as he began to run out of material, Williams stepped in to help entertain the crown, including setting up an Ellen-like, Academy Awards selfie.

Competing this year were Adam Weaver, Charlie Williams, Blake Carter, Jake Paine, Tim Martin, Mathew Gabriele, Kenny McMaster, Casey Grice and Michael DiBaccco.

During his acceptance speech, Hubbard praised his fellow competitors and thanked them for being so supportive of each other throughout preparations for the show.

The fact that Johnson is so different from Hubbard, Hubbard said, shows the competition is valuable to the community.

"It shows different people can win," Hubbard said. "Last year Lee won, and he's really different from me. He runs in a different crowd. He was straight and I'm gay, and that was probably a really big thing, too. I said that in my speech as well. It shows how far we've come as people."

A lot has changed for Hubbard, he said, from middle school to his senior year.

"The award means a lot because in middle school I was bullied and now, look how far I can come," Hubbard said. "I think the big thing was I was just myself when I got to high school. I didn't really care what people thought. I didn't try hard to impress people."

Hubbard being congradulated by his fellow contestants.

Mike DiBacco sings Frank Sinatra's, "I've Got the World on a String."

Hubbard performing his sketch, a satire of a clerk from Target.

Sydney Loria, Ashlee Yasses and Haley Case were hostesses for the competition.

Matt Gabriele at the front of the stage during the tux walk.

Lee Johnson, last year's winner.

Principal Scott Williams during an Ellen/Oscar-inspired selfie with the cast and crew of the Mr. Batavia competition.

To purchase prints of these photos and the photos in the slide show, click here.

Press release:

The Batavia Police Department is proud to announce the addition of the following officers: Officer Peter Flanagan, Officer Eric Foels, Officer Stephen Cronmiller.

Officers Flanagan, Foels and Cronmiller graduated from the Niagara County Law Enforcement Academy on December 20, 2013. All three have just recently completed the intense Field Training Program at BPD.

Officer Flanagan is a United States Marine Corps veteran having served his country in Afghanistan, achieving the rank of Sergeant. Officer Flanagan is married with two children.

Officer Foels will be carrying on the family tradition as his family has been in law enforcement for the past 50 years. Officer Foels’ family members are current and retired members of the City of Tonawanda Police Department.

Officer Cronmiller is no stranger to law enforcement either, two of his 10 siblings serve in law enforcement, one as a U.S. Customs and Border Protection Agent and the other a police officer with the Town of Hamburg Police Department.

Officers Flanagan, Foels and Cronmiller are dedicated to making the City of Batavia a safer and more enjoyable place to live and work.

Photo (submitted): From left, Officer Stephen Cronmiller, Chief Shawn Heubusch, Officer Peter Flanagan, Officer Eric Foels.

Batavia PD is looking for the public's assistance in identifying the driver of a hit-and-run vehicle that struck a residence at 219 Liberty St., Batavia, at 9:11 p.m. Thursday.

The car is described as a silver or light blue front- four-door sedan. It will likely have heavy front-end damage, especially on the driver's side front.

It was last seen heading southbound on Liberty Street.

Anyone with information is asked to call Batavia PD at (585) 345-6350.

Batavia PD has completed its investigation into a Nov. 29 accident at Oak and Richmond that injured six people and have charged one of the drivers with felony driving while under the influence of drugs.

Michael I. Sanders, 46, of 22 Columbia Ave., Batavia, is charged with DWAI Drugs, with a prior conviction within 10 years, vehicle assault, 1st, and vehicle assault causing serious physical injury.

He was arraigned on the charges and jailed without bail.

Investigators filed the charges against Sanders after receiving the results of toxicology tests, which allegedly indicated Sanders was under the influence of drugs at the time of the collision.

Two vehicles and two pedestrians were involved in the accident, with six people being transported to area hospitals with non-life-threatening injuries.

It appears -- though not certain at this stage of the ongoing investigation -- that the fire that heavily damaged Bed, Bath & Beyond's store in Batavia in January was deliberately set, according to Investigator Kris Kautz, of the Sheriff's Office.

Kautz is requesting the public's help in identifying people who were in the store that day so they can be interviewed. He's looking to identify the four people in these photos because he would like to talk with them.

None of the four are considered suspects.

In fact, the Sheriff's Office has a person of interest in the case, but still needs to gather more evidence.

"We have no proof of his actions, if in fact he's involved at all," Kautz said, "but there is an individual in video footage who appears consistent with a known individual we are looking at."

Kautz acknowledges these four pictures are low quality, but it's all he has to work with. They are still photos shot of a video monitor screen.

Sometimes people can recall things that seem unimportant to them, but would be important to the case.

"Any of these people might remember this or that or they can say 'I saw a guy,' " Kautz said. "You never know. This is a fishing trip as we call it in the business. Sometimes people know stuff they don't know is important. Sometimes all they need is a little prodding to know what they know."

The retail store in Batavia Towne Center has been closed for months and officials say it will be a long time yet before it reopens.

Investigator Kautz can be reached by calling the Sheriff's Office at (585) 343-5000. He's hoping people who recognize themselves will call him, or perhaps a friend, neighbor or relative might recognize somebody and provide Kautz with the identity.

After a 30-year career representing people in Genesee County who don't have the ability to provide their own legal defense, Gary Horton is changing jobs.

He's leaving the Public Defender's Office and taking a position that will help public defenders provide better representation to veterans.

Though not a veteran himself, he's long been involved in the local veterans community, so it's no surprise Horton will work for the New York State Defenders Association, a private, nonprofit group. He will be developing and directing a program that will provide training and best practices for the defense of veterans who have been arrested.

Last night, friends and colleagues gathered at Center Street for a retirement party for Horton.

In 30 years with the office, he was the public defender for the past 20.

"I was very lucky that not only did I have a job I enjoyed and was challenging, I truly believe I had a career doing what I was meant to do," Horton said. "I was meant to be a public defender. I've always enjoyed it. I've always enjoyed working with clients. I've had terrific attorneys work with me. It was a pleasure."

The Batavia native will be able to stay in his hometown in his new job.

Asked why the public defender's job is an important one, Horton said, "often times our clients are poor. They don't have the resources or wherewithal to present themselves well. They come to us with other problems than their criminal case or family court case that they have to deal with. Often times they stand in the courtroom alone. There's no family there. There's nobody to support them. At the end of the day, win or lose, we're the only ones standing there with them."

Press release:

Since the initiation of the Boil Water Advisory (BWA) one week ago 31 private drinking water wells have been tested, with 15 confirmed to have bacteriological contamination of coliform bacteria and E. coli. Residents who have had their water tested and confirmed positive have been notified at this time.

These organisms can cause diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants and people with compromised immune systems. Residents in this area who are experiencing these symptoms should contact their medical provider.

The Genesee County Health Department continues to assist the Department of Environmental Conservation (DEC) with their investigation to determine the exact origin and extent of the contamination.

Residents near Batavia-Oakfield Townline Road east of Rt 63 and Lewiston Road south of Batavia-Oakfield Townline Road are urged to continue following the instructions below until their water can be confirmed safe to drink.

Instructions: Boil (rolling boil for one minute) tap water or use bottled water for drinking and cooking. If well water quality changes as noticed by color and/or smell, immediately stop using it for all household uses other than flushing toilets.

For additional information about a Boil Water Advisory (BWA) and how to stay safe during one, visit: http://www.readygenesee.com/BoilWaterAdvisory.pdf.

For additional information on coliform bacteria please visit:

http://www.health.ny.gov/environmental/water/drinking/docs/coliform_bacteria.pdf

A one-vehicle rollover accident is reported on Route 98 north of Federal Drive. Town of Batavia Fire Department and Mercy medics are responding and are advised that the roads are extremely icy. Law enforcement is on location. No word on injuries.

UPDATE 8 a.m.: Fire command is holding equipment in quarters. Medics are on scene along with state troopers.

UPDATE 8:18 a.m.: The Town of Batavia assignment is back in service.

The initial call came in as a chimney fire, but when East Pembroke Fire Chief Don Newton first got on scene he could see it was more than just the chimney on fire. Nearly the entire back wall of the barn at 2689 Brown Road, Corfu, was on fire.

He immediately called for a second alarm.

Firefighters were initially hampered by a lack of water, so Newton called on more tankers from neighboring departments.

But even facing these difficulties, the volunteer firefighters were able to save much of the structure and most of the contents, including a 40-foot yacht.

Besides East Pembroke, the departments responding were Corfu, Pembroke, Indian Falls, Town of Batavia, Alexander and Darien.

Mercy EMS also responded.

There were no injuries reported as a result of the fire.

(Initial Report)

A rollover accident is reported in the area of 7714 Lewiston Road, Town of Batavia, and dispatchers believe there is one injury.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 10:51 p.m.: A responding chief warns responding units to proceed with caution. The roads are very icy, he said.

UPDATE 10:54 p.m.: The assignment is being held to Engine 23 and Engine 24.

UPDATE 11:22 p.m.: Town of Batavia back in service.

A motor-vehicle accident is reported on Route 98, just south of West Saile Drive. The driver struck a pole but is alert. Town of Batavia fire and Mercy medics are responding.

A resident is reporting light smoke on the first floor of a residence at 172 1/2 S. Main St. City fire is responding. Another resident says it may be cooking related.

The quarter finals of the GLOW-region mock trials were held Wednesday night in the Genesee County Courthouse.

The winners were:

• Batavia, 2-0 with 121 points
• Byron-Bergen, 2-0 with 108 points
• Attica, 1-1 with 112 points
• Pembroke, 1-1 with 104 points

The semi-finals are Monday in the Wyoming County Courthouse. The cases start at 5 p.m.

The case this year involves a lawsuit filed by a farmer over nearby hydrofracking.

To purchase prints, click here.

Tyquawn D. Bethel, 23, of East Main Street, Batavia, is charged with obstructing governmental administration, 2nd, resisting arrest, endangering the welfare of a child, criminal trespass, 2nd, and petit larceny. Officers were dispatched to an address on Prune Street for a report of an argument at 10:06 p.m. Tuesday. Bethal allegedly entered the residence uninvited and refused to leave. Bethal allegedly argued with a person at the residence. He allegedly grabbed money from the purse of the resident and then attempted to leave with the money. When patrols arrived, Bethal was allegedly combative with officers and refused to comply with verbal commands. Bethal allegedly initiated a fight with the officers. Children were allegedly present during the scuffle. He was subdued and taken into custody. Bethal was jailed on $2,500 bail. The investigation was handled by Officer Kevin DeFelice and Sgt. Dan Coffey.

Robert L. Peachey Jr., 30, of Gibson Street, Oakfield, is charged with petit larceny. Peachey is accused of stealing a bottle of Jack Daniel's Honey from YNGodess on Feb. 28. (Previously)

Shaumyk Antonio Santiago, 21, of St. Paul Street, Rochester, is charged with burglary. Santiago is accused of forcing entry into a residence on Tinkham Drive, Darien, on or about Dec. 27, and stealing handguns, cash, jewelry and other property. Santiago was arraigned, released on his own recognizance and turned over to another police agency on unrelated criminal charges. A second arrest in the case is pending. The investigation was conducted by Investigator William Ferrando and Sgt. Ron Meides.

Christopher M. Colantonio, 34, of East Main Street, Batavia, is charged with failure to appear. Colantonio was arrested on a bench warrant. He was jailed on $1,000 bail.

Elizabeth A. Denise, 33, of Hutchins Street, Batavia, was arrested on a bench warrant. Denise turned herself in. She was released on $100 bail.

Kevin R. Baumgarte, 39, of Birchwood, Batavia, is charged with DWI, driving with a BAC of .08 or greater, passing a red light, leaving scene of a property damage accident and failure to keep right. Baumgarte was allegedly involved in a hit-and-run accident on South Main Street at 4:30 p.m. Sunday. Batavia patrols subsequently located Baumgarte. The accident was investigated by Officer Eric Foels.

Micahel Samuel Yamonaco, 41, of Trumbull Street, Mount Morris, Kathleen Melissa Pritchard, 35, of Spartan Drive, Farmington, Aaron Michael Higgins, 34, of Genesee Street, Piffard, and Miranda Ariene Ralston, 27, of Genesee Street, Piffard, are all charged with grand larceny, 4th. The four suspects are accused of stealing a TV from the Batavia Walmart. They were arrested by the Monroe County Sheriff's Office and found with the allegedly stolen TV. 

A vehicle, possibly a tractor-trailer, has reportedly rolled over on the Thruway near the Kelsey Road bridge. There are no injuries reported.

The mile marker is reported as 393.4.

East Pembroke fire was originally dispatched, but the accident has been determined to be in the Town of Batavia's district, so that department is being dispatched.

UPDATE 10:32 a.m.: Mercy medics confirm no injuries. State troopers on scene indicate a fire department response is not required. East Pembroke chief already well in route is continuing to confirm.