batavia

A picnic table like this one costs up to $500 each. Of course, writing a few letters on it, or drawing a Batman symbol on it, isn't going to mean it needs to be replaced, but taxpayers did purchase it.

Saturday, John F. Brown, 56, of Woodcrest Drive, Batavia, was allegedly caught marking on a picnic table like this one at Williams Park. He is charged with criminal tampering, 3rd. 

Not the crime of the century, a fact repeatedly noted by readers on The Batavian and on The Batavian's Facebook page.

However, City Manager Jason Molino has raised the issue to City Council several times over the past two years -- the city is facing a costly problem, vandalism in the city's parks. The vandalism is costing taxpayers thousands of dollars a year, Molino said.  

"When you say vandalism, it could be broke things, it could be from people defecating on the walls in the bathroom, which they do, or writing on the walls," Molino said. "We pay to clean that up."

Vandals destroyed a $10,000 slide in Austin Park last year. Another took a baseball bat to a water fountain. It's still out of service. Tennis nets and poles have been destroyed, basketball nets ripped down and bathroom fixtures broken.

The vandalism along with other potential criminal activity in the parks has police officers being a little extra vigilant, said Molino.

"Vandalism is one thing, but there are things that happen in parks after dusk, and no one is immune to it in any community," Molino said. "You've got sometimes drug use, vandalism, other things, and the patrols being out, checking on the parks is part of their regular patrols and it is important. Making sure people aren't doing bad things there, whether it's vandalism or something else."

Chief Shawn Heubusch said he's well aware of the heightened concern about vandalism in the parks, but that isn't the only reason officers take some time as part of their regular patrols to check on the parks.

"This is a concern of the city," Heubusch said. "We're dealing with people destroying property. Are there bigger crimes out there we could be pursuing, absolutely there are, but we have to acknowledge and we have to work on all crimes that take place in the city, not just the ones that get headlines, so to speak."

Brown's arrest was the result of an officer, Jason Davis, doing his job and checking on a park, Heubusch said. It just happened to be an allegation of vandalism this time.  

"When they're patrolling, that's an officer's job," Heubusch said.. "They're looking for people that are committing crimes. They're looking for people who are breaking the law. They're looking to make a difference, so the officer who observed him doing this was doing his job."

Photo for illustration purposes only. We don't know who the suspect is for this vandalism.

During public comments at City Council on Monday night, John Roach used words like "mangled" and "butchered" when talking about some of the tree trimming along power line routes in the city.

We asked Steve Brady, spokesman for National Grid, about the tree trimming, and here's his statement:

"We appreciate the concerns homeowners have when it is necessary for us to prune trees, and we work hard to maintain a balance between safety and reliability, and aesthetics. The work we are doing in Batavia, and specifically Oak Street, is no different than forestry work we do all across our service area. The primary purpose is safety, for the public and our crews. It is also a reliability issue, as trees pose the biggest threat to service, especially in bad weather.

"We prune trees to certain specifications depending on the configuration and voltage of the lines. In this case, our standards generally call for clearances of 6 to 10 feet horizontally in either direction, and 10 to 15 feet above and below, again depending on locale, voltage and so on. We work in communities on 5 to 7 year cycles, as we have found that – on average -- pruning on that cycle keeps up with tree growth fairly well.

"National Grid’s pruning practices were developed with the U.S. Forest Service and endorsed by the International Society of Arborculture, the National Arbor Day Foundation and other tree care professionals. Since 2000, the National Arbor Day Foundation has annually recognized National Grid as a “Tree Line USA” utility, one of a select group of utilities to earn this honor.

"National Grid offers a program called '10,000 Trees' that provides grants to municipalities encouraging them to plant low-growing varieties of trees that pose a lesser safety concern to our lines. The City of Batavia has participated in the program since 2007. We also make information available to customers regarding tree trimming, customer responsibilities and advice on what and where to plant. A link to it is here: https://www1.nationalgridus.com/ElectricSafety

Sometimes the tree trimming produces quasi works of art, as with this nearly heart-shaped pair of trees on Pearl Street Road.

One possible solution for "mangled" trees, as well as a way to reduce storm-related power outages is the undergrounding of utilities.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider a project from O-AT-KA Milk Products at its Aug. 13 board meeting. 

O-AT-KA Milk Products plans to add 205,000 square feet of warehousing space to its manufacturing facility on the corner of Ellicott Street and Cedar Street in Batavia. The project is expected to create 21 new jobs and the capital investment is approximately $20.9 million.  

The GCEDC Board meeting is public and will take place at 1 p.m. on Thursday at the Innovation Zone Conference Room at MedTech Centre -- 99 MedTech Drive, Batavia, on the first floor, across from Genesee Community College.

The future home of the Batavia Police Department is now in the hands of nine City Council members after Marc Staley, chairman of the Police Facilities Task Force, delivered his committee's report at Monday night's meeting.

Council members congratulated Staley and his task force on their effort and a couple of members thanked him for delivering a clear report that focuses on a single recommendation.

"Thanks to the task force for giving us a recommendation for the best site," said Councilwoman Patti Pacino. "That will make our job easier."

The task force recommended a location on Swan Street, the site of the former Wiard Plow factory, which is currently owned by Tom Mancuso.

It will be up to the council to decide whether to make a purchase offer on the property, likely contingent on environmental clean-up studies and remediation, and whether to seek funding, through a bond and grants, to build a new facility at that location.

None of the council members expressed any opinion either way on whether they will support the proposal.

If they don't, it leaves Batavia PD housed in a former mansion that is more than 150 years old, ill-suited to modern police work, misconfigured for optimal officer safety and it needs substantial cosmetic, mechanical and structural repairs and upgrades.

Staley noted that as the task force's work came to a close, several people in the community complained that the task force didn't consider consolidating law enforcement work with the Sheriff's Office.

"I just want to make one minor editorial comment, if I could," Staley said at the end of his presentation. "You did not ask us 'Should we merge with the Sheriff?' You did not ask us about shared resources. You did not ask us to deal with numbers as far as a downside without this process. You simply said 'Something needs to be done about the police facility. Should we stay? Should we go?' -- so we went out into the community and did our own research and the Swan Street location made the most sense."

The task force worked for more than 55 hours over several months on the project. They considered at least eight possible locations for the facility, including two that were not on the original list drawn up by city staff.

Swan Street, which was still tied up at the time in a legal battle over code violations, wasn't on that list.

Committee members drove around Batavia looking at all of the alternatives, which is how Swan Street and a location at Alva and Bank, ultimately rejected, came under consideration. The committee then whittled the list down to three finalists -- the Salvation Army location on Jackson Street, Alva Place and Swan Street -- and made site visits.

Jackson Street was eliminated when more information came forth about the financial impact of the property being in a flood zone. Alva lost out to Swan largely over concerns about the impact on surrounding businesses and the potential security liability of the location as well as traffic concerns for ingress and egress.

All but one task force member supported Swan Street in the final decision. The site is seen as centrally located with easy access in an area brimming with development potential, but currently underused and not generating significant tax revenue for the city. The large lot also gives the city options for expansion, if needed, and could be a boon for future redevelopment at the Harvester Center.

The council will take up the discussion of the report at a future conference meeting.

Previous coverage: Police Facility.

Press release:

As you know Summer in the City is this Saturday and we are excited to have thousands of people coming Downtown! This is the schedule for street closures.

If you have any questions or concerns, please do not hesitate to contact Laurie at the BID office at (585) 344-0900 or e-mail LOltramari@DowntownBataviaNY.com. We hope to see you and your families there!

Close streets (barricades) at 7:30 a.m.: Bank, Main, Center, School, Jackson, Court & Jefferson:
Bank at Alva Place
Bank at Washington
Main at Upton Monument

Main at Liberty / Summit

Jackson at Ellicott
Center at School
Court at Ellicott

Parking Lot Entrances /Bank Drive-Thru -- Jefferson Avenue at intersection of Tonawanda Valley Federal Credit Union & Wendy’s Parking Lots
Wendy’s -- Main Street Entrance
 
5K Race / Walk -- Barricades setup at:
                                                Alva Parking Lot
                                                Bank & Washington Avenue

Main Stage: Will be located in front of Wendy’s / County Building #1 on Main Street facing east. Entertainment: begins at 2 p.m. and ends at 9 p.m.       
Featured: Old Hippies (1-2 p.m.), TBA (4-6 p.m.), and Terry Buchwald (Elvis) (7-9 p.m.).

Vendors: Crafters and nonprofits & KidsZone will be located on Main, Court & Jefferson. Food vendors will be on the north side of Main Street from in front of Larry’s Steakhouse west to corner of Main & Jefferson. Commercial vendors will be on the south side of Main Street from corner of Court to Center Street.

Super Cruise: Vehicles will be on the north side of Main Street from Jackson Street east to Liberty / Summit and the south side from Center to Liberty Street. They will also be on Jackson, School and Center streets and a segment of Bank Street.

Donny Carroll 5K Race: Start/ Finish line will be at the entrance of Bank of America Drive-Thru. The race starts at 9 a.m. and ends / finishes by 10:30 a.m.

Chalk the Walk: In front of City Hall, registration is at 9 a.m. Event is from 9 a.m.-6 p.m.

Reopen streets at 11 p.m.

Press release:

Kiwanis Club of Batavia is getting ready for its fifth annual gala fundraiser, Bidding on a Brighter Future, at 5:30 p.m., Sept. 19, at Genesee Community College.

This event, which is Kiwanis Club’s long-term project, has brought in more than $150,000 over the last four years. The funds will be used to secure a permanent location for the Justice for Children Advocacy Center (JFCAC). The gala features live entertainment, specialty raffles, basket and silent auctions, live auction, and a great menu.

The JFCAC serves approximately 200 child-victims of sexual or physical abuse each year. Services are provided free of charge and include forensic interviewing, medical examinations, counseling, and victim advocacy for children and non-offending caregivers from Genesee, Livingston, Orleans, and Wyoming counties.

The Gala Committee encourages support from local businesses, organizations, and individuals who are invited to become a sponsor, donate an auction item, or purchase a program ad. Tickets are $50 per person or $400 for a table of 10. There are various sponsorship levels available.

For more information, please visit www.glowgala.org or Kiwanis Club of Batavia’s Facebook page. You can also e-mail us at glowgala1@gmail.com

Melissa Broadbent, a defendant in an animal cruelty case, appeared in City Court this afternoon and surrendered ownership of her dog, a pit bull named Rocky.

Rocky was scaled with hot water sometime around July 20. Broadbent's boyfriend is accused of abusing the dog and Broadbent is accused of facilitating the crime and trying to cover it up.

We reported earlier today that Rocky is at the Animal Shelter and doing much better.

An animal control officer was in court today when Broadbent signed a document turning the dog over to the Sheriff's Office. The change in ownership will allow Animal Shelter volunteers to seek a new home for Rocky.

With Broadbent's agreement, Rocky is spared potential months in confinement at the shelter while her case winds through the legal process.

Broadbent, 36, is charged with: "overdriving, torturing and injuring" an animal; endangering the welfare of a child; first-degree coercion; offering a false written statement; intimidating a witness or victim in the third degree; and owning/harboring an unlicensed dog.

With no prior felony or misdemeanor convictions, Broadbent was released from custody and placed under supervision by Genesee Justice by Judge Robert Balbick.

Broadbent's boyfriend, 26-year-old Brandon M. Maldonado, of 52 Walnut St., is charged with aggravated cruelty to an animal and offering a false written statement. He also appeared in court today.

Maldonado is currently on parole, but his public defender, Jamie Walsh, said he isn't aware of a violation being filed in connection with his arrest and said it's his understanding that Maldonado has been doing well on parole. He asked Balbick to set bail at $5,000 or $10,000 bond.

Robert Zickl, ADA, noted Maldonado does have that felony conviction, plus five misdemeanor convictions and five previous failure to appear charges.

Balbick went along with Zickl's recommendation of bail in the amount of $10,000 cash or $20,000 bond.

A pre-trial hearing, also known as a felony hearing, has been set in Maldonado's case for 11:15 a.m., Thursday.

Broadbent, who waived a felony hearing, isn't due back in court until next month. Balbick did sign a stay away order of protection for her and her children and told her to take up any visitation rights with Family Court.

Zickl noted that the Department of Social Services will be investigating the case.

Rocky, the 2- to 3-year-old pit bull found at a local residence reportedly suffering from second- and third-degree burns from scalding water poured on his back, is doing much better, according to Batavia PD officials.

The boyfriend of the dog's apparent owner and the owner were charged Friday with several crimes related to the incident, including animal cruelty and lying to police about the incident.

The dog was burned around July 20 but the incident wasn't reported to police until Aug. 3.

Batavia Police Officer Peter Flanagan and Animal Control Officer James Sheflin investigated the complaint.

As a result of the investigation, Brandon M. Maldonado, 26, of 52 Walnut St., was charged with aggravated cruelty to an animal and offering a false written statement.

His girlfriend, 36-year-old Melissa A. Broadbent, and believed to be the dog's owner, allegedly tried to help Maldonado cover up the crime, including coercing her children into lying about the incident, and was charged with: "overdriving, torturing and injuring" an animal; endangering the welfare of a child; first-degree coercion; offering a false written statement; intimidating a witness or victim in the third degree; and owning/harboring an unlicensed dog.

The couple are scheduled to appear in City Court on the charges this afternoon.

Sgt. Dan Coffey said a State Street Animal Hospital vet conveyed to police that the dog was likely in a great deal of pain between the time he was burned and brought in for treatment nearly two weeks later.

It's expected that the second and third-degree burns will leave permanent scars, and some patches of skin will never regrow any fur. 

Despite what he's been through, Rocky was in great spirits during a visit at the Animal Shelter today. He was eager to meet a visitor and go outside. He readily obeyed commands to sit and stay.  

The dog's wounds show marked improvement from what was visible in the photo released by police Friday.

Officials believe Broadbent has owned Rocky since he was a puppy.

Coffey said police are trying to work through the District Attorney's Office to find a way to speed along the process that would result in a new owner for Rocky. As in previous dog cruelty cases, the owner must relinquish ownership or be convicted of a crime before the dog can go into foster care or to a new permanent home.

Batavia PD is investigating a missing person report to see if it's connected to the body of a deceased African-American male found Friday afternoon in the Tonawanda Creek behind Kibbe Park, said spokesman Det. Eric Hill.

"We do not know if this missing person is associated with the body found in the Tonawanda Creek or not," Hill said.

Over the weekend, police said there was no missing person report that could be connected at that time with the deceased person.

The name of the missing person is not being released at this time, pending further family notifications, Hill said.

The body of the dead man is at the Monroe County Medical Examiner's Office undergoing forensic and DNA testing. The person has not been identified and police have asked the public's help in potentially identifying the person. The cause of death remains undetermined.

John F. Brown, 56, of Woodcrest Drive, Batavia, is charged with criminal tampering, 3rd. Brown allegedly used a pen to scribble on a picnic table at Williams Park at 8:13 a.m., Saturday.

Alton G. Williams, 38, of Bacon Street, Le Roy, was arrested on a warrant for alleged failure to appear. Williams is accused of failing to pay a fine. He posted an unspecified amount of bail and was released.

Andrew J. Leaton, 30, of Walkers Corner Road, Byron, is charged with DWI/Drugs. Leaton was stopped at 1:18 a.m. April 23 on West Main Street Road, Batavia, by Officer Christopher Lindsday.

Joshua Daniel Barber, 21, of North Road, Fillmore, is charged with unlawful fleeing a police officer, 3rd. Barber was allegedly involved in a brief police pursuit on State Street at 5:10 p.m., Saturday.

Joseph W. Gottstine, 26, Elmwood Avenue, Buffalo, is charged with unlawful imprisonment, 2nd, and harassment, 2nd. Gottstine was arrested on a warrant stemming from an alleged incident at 6:34 a.m., July 19. He was jailed on $2,000 bail.

Dawn M. Morford, 54, of Weber Avenue, Oakfield, is charged with criminal possession of a controlled substance, 7th. Morford was arrested on a warrant while at the Genesee County courts facility.

Joshua K. Williams, 24, of Ross Street, Batavia, is charged with criminal mischief, 4th, criminal possession of a weapon, 3rd, and menacing, 2nd. A warrant was issued for Williams on the listed charges stemming from an alleged incident at 2:15 a.m., July 31. Williams turned himself in. Williams allegedly threw a glass bottle at the windshield of a vehicle during an altercation, damaging the windshield. He was released under supervision of Genesee Justice.

David Nicholas Greco Sr., 65, of Merrill Road, Byron, is charged with criminal mischief, 4th, and harassment, 2nd. Greco allegedly pushed a woman and used a hatchet to break out the window of the woman's car. An order of protection was issued.

From Marybeth Stefani:

I recently moved to Ross Street. My cat Mittens was always an indoor cat, but since moving to the new place she was eager to get outside, so we let her. She was only going as far as the neighbor's and would show up periodically throughout the day. We have been here for a month and a half. Well last Monday is the last I’ve seen of her

She is a female cat who is about 14 years old. She has a scar on her lower side (from a cat fight from before I adopted her). When she went missing, she was wearing a purple flea collar on which I had written her name and address. She is friendly but hides from people she doesn't know.

She could be hiding under a porch or even a garage, so I am asking people to keep their eyes out for her.  She is a family cat and we are missing her terribly! I can be contacted by phone 585-297-7418.

Brian Sandstorm and his son Luke pose for a picture with professional wrestler Eric Young today at the five-year anniversary celebration of Foxprowl Collectables on Ellicott Street.

In five years, owner Bill Hume has grown the inventory, the variety and the floor space of his store.

When I remarked, "you've come a long way," he said, "You know, passion and hard work. It's what I love."

In the seven-year history of The Batavian, this is the first time we've covered both the opening of a new business and its fifth anniversary.

Below, Hume with Young and Matt Troisi, owner of Limited Edition Collectables, who help Hume secure Young's appearance at Foxprowl today.

A two-car accident is reported on Park Road in front of Alex's Place restaurant. There is reportedly one person with a minor head injury. Town of Batavia Fire Department and Mercy medics are responding.

Press release:

The Batavia Police Department is looking for assistance in identifying the male that was found in the Tonawanda Creek on Friday, Aug. 7.

The department has reached out to surrounding jurisdictions for information on any missing persons that have been reported. Originally reported as a white male, it appears that he may actually be of African-American descent.

The discrepancy in race is from the body being in the water for at least two days. He is approximately 6’00” tall with very short hair. The man had facial stubble and no scars, marks or tattoos anywhere on his body. The individual may be in his 30s or 40s.

(Initial Report)

Two, US size 12, “Nike” sandals were found in close proximity to the body. The sandals had a white strap across the top and black soles. He was wearing a brown “Zoo York” shirt with a white T-shirt underneath. Both were size XXL. He had red gym shorts on with a black stripe down both sides and a cell phone was in his pocket. The cell phone is being sent out for forensic examination.

The cause and manner of death is yet to be determined pending the results of the toxicology / DNA analysis. More information will be available at that time.

Citizens with any information are encouraged to contact the Batavia Police Department directly at (585) 345-6350 or via the confidential tip line at (585) 345-6370. Photos are not being released at this time.

A Batavia couple who lives on Walnut Street in the city is facing multiple charges relating to animal cruelty, according to a press release this afternoon from Batavia PD.

Brandon M. Maldonado, 26, of 52 Walnut St., is charged with aggravated cruelty to an animal and offering a false written statement.

His live-in girlfirend, 36-year-old Melissa A. Broadbent, is charged with: "overdriving, torturing and injuring" an animal; endangering the welfare of a child; first-degree coercion; offering a false written statement; intimidating a witness or victim in the third degree; and owning/harboring an unlicensed dog.

Both were arraigned in front of City Court Judge Durin Rogers and put in Genesee County Jail without bail.

On Aug. 3, Batavia Police Officer Flanagan and Animal Control Officer Sheflin received a report that Maldonado poured scalding water on a young pit bull named "Rocky" sometime between July 20-21 at his residence. This resulted in second-degree burns on the dog's shoulders and rib cage, causing considerable pain.

Through the officers' investigation, it was determined that Broadbent lied to the police and instructed her children to do the same thing -- pour scalding water on the dog -- in an attempt to prevent Maldonado from being arrested.

The couple was subsequently arrested. Rocky was taken to a vet where he was treated for his injuries and is now in the care and custody of the GC Animal Shelter.

There is no new information available on the deceased white male whose body was found yesterday around 2 p.m. floating in the Tonawanda Creek behind Kibbe Park.

Chief Shawn Heubusch​ said the body is still with the Monroe County Medical Examiner's Office.

Previously: Body of white male retrieved from Tonawanda Creek near Kibbe Park this afternoon

Photos by Jim Burns / Press release from Batavia Downs:

There is a small but select group of 2-year-old pacing colts and geldings entered to compete in the New York Sire Stakes (NYSS) at Batavia Downs on Sunday (Aug. 9). Thirteen entrants will compete in two divisions (carded as race two and four) for their share of the $108,000 purse up for grabs.

The first $54,500 division features Autotune Hanover (Art Major-Anderosa Hanover) who has been on fire at Yonkers Raceway recently. Last week he won a division of the $76,512 NYSS wire to wire, and 12 days prior to that, was victorious in the $107,500 L.B. Sheppard Stake final in a lifetime best 1:54.3.

Autotune Hanover has earned over $95,000 in only four starts this year and the speed and versatility he has shown on a half-mile track over the past two weeks is evidence he is a serious contender for the major share again this week. 

The track record for 2-year-old pacing colts at Batavia Downs in 1:54.2 set by Doctor Butch in 2012 and then tied by He’s Watching in 2013. Based on his effort in the Sheppard Stake at Yonkers, Autotune Hanover has a very good chance of setting a new standard at Batavia Downs on Sunday.

Autotune Hanover is trained by Mark Harder and will start from post three for driver Tyler Buter. He has been installed as the 8-5 morning line favorite.

Fine Diamond (Rock N Roll Heaven-Yellow Diamond), who hails from the stable of North America’s leading trainer, Ron Burke, looks to be his major competition. Although the colt is winless in four starts this year, he has not finished out of the money during that time. Fine Diamond can leave enough to gain early position in order to track Autotune Hanover, who will most certainly set the pace.

Fine Diamond starts from post five for local driving favorite John Cummings Jr. and has been designated as the early second choice at 5-2.

There is no clear-cut favorite in the second $53,500 division and the two main players should be in a battle to the wire.

Joe Larry N Curly (Roll With Joe-Life’s Image) is currently the top point-getter in NYSS competition for this sex and gait to date and Travel Playlist (Art Major-Village Madonna) sits third behind him. Whereas they both have two wins in NYSS competition, Travel Playlist is undefeated and one of his wins was over Joe Larry N Curly last week at Yonkers.

Both horses 2015 earnings are separated by only $845 (both in excess of $56,000) and their lifetime marks are only three-fifths of a second apart. They can both leave the gate and in this short field (only six horses entered) they will probably be looking to do just that, having drawn the outside posts.

Joe Larry N Curly will start from post five for NYSS leading driver Jim Morrill Jr. and is listed at 8-5 in the early line. Mark Harder conditions Joe Larry N Curly.

Trainer Erv Miller has appointed Mark Macdonald to steer Travel Playlist and he will wear number six behind the gate, rated second choice at 9-5.

There are also two divisions of the NYSS Excelsior Series “A” races on the card that will go for a total purse of $30,000.

Post time for the first of 12 races is set for 1:15 p.m.

Southern Tier Brewing Company's free beer tasting.

One dollar hot dogs all night.

Vibrant Batavia is sponsoring a communitywide garage/yard sale weekend and many of the sales have been posted to the Garage Sale Map on Batavia's List.

If your sale isn't posted, post it.

The body of an as-yet-unidentified white male was retrieved from Tonawanda Creek this afternoon, but police officials have little other information to provide the public at this point.

Around 2:30 p.m., authorities received a call about a possible body in the creek near Kibbe Park. City police and fire, Sheriff's deputies, a rep from the District Attorney's Office, and a county Coroner, converged at the scene, described as the embankment near where the creek curves by the park.

They confirmed a dead body, dressed in shorts, a T-shirt, no shoes. There was no canoe, boat, kayak or other vessel around, "but nothing's off the table at this point," said Batavia Police Det. Eric Hill.

"I couldn't even tell you an age," Hill said. "Looks like he may have been in there awhile, but we don't have an exact time on how long it was. ... We won't know until the autopsy comes back officially. ... We'll probably have more information on that tomorrow or Monday, depending on when the autopsy takes place -- possibly who he is or what the cause of death is."