batavia

Lance P. Johnson-Kosiorek, 18, of 335 Bank St., Batavia, is charged with menacing, 2nd. Johnson-Kosiorek allegedly displayed a knife and threatened an acquaintance during a verbal argument at 11:45 p.m., Monday.

Name Redacted Upon Request, 19, of Lindwood Drive, Brockport, was arrested on a bench warrant out of Genesee County Court. xxxx allegedly failed to comply with his release under the supervision contract with Genesee Justice.

A lawsuit filed by a group of local plumbers against the City of Batavia over an alleged lack of a qualified person in the plumbing inspector role and the make up of the plumbing board was dismissed Aug. 8 by county Judge Robert C. Noonan.

The decision was made public today.

Noonan ruled that the plaintiffs failed to present any facts that could be used at trial to support their claims and that the city had demonstrated it has made every effort to comply with New York's General City Law.

City Manager Jason Molino said the dismissal substantiates what officials have been saying all along.

"We're happy to see the court agreed that the city has made its best effort, done its due diligence, to do what's best for the taxpayers," Molino said.

The attorney for the plumbers, Brian Degnan, could not be reached for comment. We also tried contacting the plumber who has been most outspoken on the issue, Barbara Toal, and were unsuccessful.

Molino said the city's efforts to bring fairness and impartiality to the plumbing board and the exam process have been successful.

In the past year, the city has gained six new licensed plumbers, he noted.

One of the controversies that arose last year about the plumbers is that the licensing exam had some poorly constructed questions and the grading wasn't being applied fairly. Three people who had taken the test and given failing grades were re-graded by Assistant City Manager Sally Kuzon and all three passed (Correction: two of the three were passed by the plumbing board.)

As part of the lawsuit, the plumbers challenged Sally Kuzon's qualifications to grade the test and to sit on the plumbing board. In addition to being the assistant city manager, she is director of the Public Works Department.

The suit also challenged Code Enforcement Officer and Superintendent of Water/Wastewater Matt Worth's appointment under an emergency declaration as plumbing inspector to the plumbing board, and the qualifications of Bill Hays as a journeyman plumber to sit on the plumbing board.

Noonan ruled that all three people were qualified for their positions under the guidelines of state law and that the city had made every effort to find a qualified master plumber willing to give up his or her business in order to become a plumbing inspector.  

The ruling states that the plaintiffs failed to establish that the city had disregarded its statutory duties under General City Law.

The suit was brought by Mark Walton, Peter Dellapenna, Kenneth Toal, Ryan Toal, Henry H. Cook, Ryan Cook, Christopher Cook, Ronald Toal, Paul Salway, Larry Toal, Barbara Toal, Walter Szczesny and Carl McQuillen.

For previous coverage of plumbing board issues, click here.

An 82-year-old man was critically injured Friday afternoon when the three-wheel bike he was riding on Park Road was struck by a motorcycle.

According to Sgt. Kurt Schmitt, State Police, Gerald Sojda, of Park Road, Batavia, was southbound on Park when he pulled his bike into traffic and was struck by a 2009 Harley ridden by Noah Majewski, 22, of Batavia.

Sojda, who was transported to ECMC by Mercy EMS, was listed in critical condition because of his age and a significant amount of blood loss.

Schmitt said troopers spoke with Sojda's daughter today and "all signs look encouraging" for his recovery.

No citations have been issued, Schmitt said.

Christopher Michael Lambert, 31, of Elm Street, Batavia, is charged with burglary, 2nd. Lambert is accused of entering a residence on Log City Road, Elba, after being told to stay away. Lambert allegedly stole money and a new Garmin GPS unit. Bail was set at $25,000.

Jenea Marie Macleod, 27, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, operating an ATV on a public highway and no headlights on an ATV. Macleod was stopped at 10:08 p.m., Saturday, on Genesee Street in Pembroke by Deputy Howard Carlson.

Tracy Lynn Polak, 40, of Aldercreek South Road, North Tonawanda, is charged with DWI, driving with a BAC of .08 or greater, operating with registration suspended or revoked and driver's view obstructed. Polak was stopped at 10:36 p.m., Wednesday, on Route 77, Corfu, by Deputy Patrick Reeves.

Jonathan David Eldred, 27, of Main Road, Akron, is charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument. Eldred was arrested at 10:46 p.m., Friday, at a residence on Bloomingdale Road, Tonawanda Indian Reservation, when he was allegedly found in possession of heroin and a needle during an investigation into an overdose.

Austin M. Heineman, 17, of Marble Road, Akron, is charged with DWI, driving with a BAC of .08 or greater, operating out of class and failure to keep right. Heineman was arrested following an investigation into an accident that was reported at 12:43 a.m., Saturday, on Sandhill Road, Alabama, by Deputy James Diehl. In the accident, Heineman was reportedly driving south on Sandhill Road when he lost control of the car and it overturned. His passenger, Timothy Ryan, 17, was transported to UMMC with non-life threatening injuries.

Mitchell Gregory Hoinski, 25, of Boll Street, Sloan, is charged with DWI and driving with a BAC of .08 or greater. Hoinski was reportedly involved in a motor-vehicle accident at 11:42 p.m., Friday, in the parking lot of Darien Lake Theme Park. Hoinski reportedly attended the Rascal Flatts concert earlier in the evening. 

Driving back from Alabama on Saturday afternoon, it was one of those late summer days that reminds you we're so lucky to live in Genesee County. And if you're reading this and don't live in Genesee County, my condolences.

I put the photos I took in a slide show so you can use the button in the lower left to expand the photos to a full screen view.

There was a motorcycle rally at the Clarion Hotel on Park Road on Saturday.  From what hotel managers and restaurant owners tell me, it brought a lot of business into town.  The hotels, I'm told, where booked.

The rally was organized by David Kasinski and Sam Kasinski and they're hoping to make it an annual event.

I got backed up on things to cover on Saturday and couldn't make it to the rally, but Rick Franclemont  did and took some photos.  Besides the photos we're posting here, he has posted several on his Picasa page.

A house was struck by lightning and now there's the smell of smoke in the residence, located at 5024 Terry Hills Drive. The occupants have evacuated the premises.

Town of Batavia Fire Department is on scene and reports nothing is showing.

UPDATE 2:16 p.m.: The chief says there was definately a lightning strike and it has caused an electrical problem at the house. A thermal imaging camera is requested to check out the basement.

UPDATE 2:26 p.m.: National Grid has been notifeid with a 15 to 20 minute ETA for a rep to be on scene.

UPDATE 3:07 p.m.: Town of Batavia Fire back in service. Home owner advised by National Grid to contact an electrician.

This is video sent to us by Ken Mistler of his own motorcycle burning last night on East Main Street, Batavia.  We initially reported the fire last night.

Karen, a Kingsbury Avenue resident, reports that yesterday around 1:15 p.m. her green Quaker parrot flew the coup.

She's worried about him and hoping an area resident might spot the parrot and, if not able to capture the bird, at least help her track him down.

The parrot has a red band with initials Y?B on it, plus a serial number.

Karen can be reached at 585-356-0191 or e-mail scmho_child@hotmail.com.

Downtown Batavia can support a supermarket and a group of businessmen who have done the marketing research to prove it have entered into a lease agreement to open a Save-A-Lot in the former Latina's location on Ellicott Street.

The new store will be 18,000 square feet.

"These guys have really got their heads straight," said Vito Gautieri, the building's owner. "We were looking at another chain, but this one looked like the best deal. I think it will be really good for Downtown Batavia."

The Gautieri's own Washington Towers and Vito said the family recognized the need to bring a supermarket downtown, both for the sake of tenants at Washington Towers and also 400 Towers.

"We really need a supermarket downtown," Gautieri said.

In fact, said Gautieri, the family decided to pass on an offer from a discount retail chain that would have filled all 40,000 square feet of the building because the need seems so great to bring a supermarket to the space.

The ownership group, operating locally as Batavia Food, Inc., has three other Save-A-Lot locations. The other stores are in Wheatland, Salamanca and Bradford, Pa.

Save-a-Lots operates as a kind of co-op of locally licensed stores. The new owners of the planned Batavia store have no affiliation with the owners of the Le Roy Save-A-Lot.

Gautieri said the owners of the Le Roy store were given first crack at the Batavia location, but for some reason a deal couldn't be put together.

Now Gautieri and his son, Vic, need to work on getting a tenant for the remaining 22,000 square feet on the first floor. He said they already have a couple of solid leads on possible tenants.

Gautieri is still working on ideas about what to do with the second floor. The space is currently 15,000 square feet, but because the building was constructed to support warehouse space on the second floor, the second floor roof could be raised and the area expanded to 25,000 square feet.

If Gautieri decides to expand the second floor, the space would either become premium office space or residential apartments.

So I'm driving back from the Indian Falls incident and I'm on Route 5. As I approach Jim's Saloon -- it's about 8:15 p.m. -- I see a school bus parked out front. My first thought, "that's odd." When I get closer, I see a group of young women wearing pink sashes -- odder still.

So I whip my truck around, grab my camera, walk over and ask what's going on.

It's a bachorlette party.

It turns out, you can charter a school bus from First Student for any sort of group event.

Pictured are, more or less from the left, Samatha Lyons, Marla Mosler, Brianne Sliker, John Lawson (yes, a guy), Crista Swiatowy (the bride), Jamie Stone, Brittany Sliker, Alexandra Stimson, Kristina Rumble, Vickie Chatley and Jennifer Fisher

Swiatowy is marrying Justin Simson.

A motorcycle is reportedly on fire on Main Street near Jackson Street, downtown Batavia.

City fire is dispatched.

The fire is reportedly right in front of The Mane Attraction Salon & Spa.

UPDATE 12:24 a.m.: Fire is out.

Police have responded to a disturbance on Thorpe Street. About 20 or more people were in the street yelling at each other, swinging at each other and making threatening gestures toward each other just before four Batavia police cruisers arrived on scene.

Within seconds, the street was nearly empty.

Earlier this evening, Batavia PD responded to a disturbance on Thorpe. The supervisor assigned a patrol to stick close to the area for the evening. That officer would have gone off duty just about the time the disturbance broke out.

A  two-vehicle accident is reported in front of the muffler shop at 633 E. Main St. in the City of Batavia. One elderly person involved is disoriented. City fire and Mercy EMS responding.

Even though there are some finishing touches left yet for the new patio at South Beach, the grill is open. Chef Arvin Ortiz opened the grill today with an offering of hamburgers, hot dogs and pulled pork. Throughout the remainder of the summer, the grill will be opened for lunch and dinner this weekend and, for now, lunch during the week. At times the menu will include ribs, chicken and other grilled dishes. Menu service from the main kitchen is also available on the patio. This afternoon, starting at 4, there will be live music on the patio, and the Ghost Riders play starting at 8 p.m., Saturday.

Kasean Shannon, 19, of State Street, Batavia, is charged with three counts of sexual misconduct. Shannon allegedly had sexual intercourse with a 14-year-old on three separate occasions in 2010.

Daniel Stephen Boynton, 25, Red Cedar Drive, Rochester, is charged with unlawful possession of marijuana. Boynton was stopped at noon, Thursday, on Route 77 in Corfu by Sgt. Greg Walker for allegedly driving 48 in a 35 mph zone. He was allegedly found in possession of a small quanity of marijuana.

Nicholas W. Higbee, 30, of 280 Matila St., Rochester, is charged with DWI, operating on a suspended or revoked license and unlawful possession of marijuana. Higbee was stopped at 12:03 a.m. on Route 77, Village of Corfu, by Officer Richard Retzlaff.

Ian Taylor McPhail, 22, of Gorham Street, Canandaigua, is charged with DWI and driving with a BAC of .08 or greater. McPhail was reportedly found in a car parked on the shoulder of Colby Road at 1:15 a.m. by Deputy Frank Bordonaro.

I attended a couple of auctions Thursday, one on Liberty Street conducted by Harris Wilcox out of Bergen Byron, and the other on East Main Street Road conducted by Bontrager out of Batavia.

Auctions are a fun place for photography, but the Liberty Street auction had a little extra photographic interest -- a box of four old cameras, with three of them in good working condition and no visible damage. At $25, I was the successful bidder.

The East Main Street auction was at a location on the other side of the road from Blondie's. It's most recently been a car dealership (though vacant for at least three years) and was once the State Police barracks in Batavia. Ah, if only I could have afforded the wood-hulled boat that went for a mere $1,100.

Both real estate properties were also sold.

Slide show of more photos below, and photographic prints from both events can be purchased by clicking here.

Art and culture clashed with reality Thursday night at the Genesee County Planning Board meeting when two projects dealing with a bit of Batavia's past and a bit of its present were considered.

First up was a permit for demolition of the former Elks Lodge at 213 E. Main St. The board recommended approval of the permit with only one dissenting vote, from Lucine Kauffman.

Later in the meeting, the board was asked to consider a permit for sign painted on the back of a building on East Main Street.

While some might dispute that the sign is a work of art, it was painted by Batavia's renowned muralist Vinny DelPlato.

Main St. Pizza Company Owner Vic Marchese commissioned the work to provide DelPlato some extra work while the artist was in town this summer and he thought it would be a cool use of some blank space on the back of his building.

Only after the mural/sign was painted -- it depicts the top of Main St.'s pizza box -- did city officials let him know the painting constituted a sign for his business and he would need a sign permit.

The sign also allegedly violated city ordinances for size and location.

Last month, the county planning board recommended disapproval of an application for a variance to allow the sign. 

The board's votes are not binding. They're recommendations to the municipal planning and zoning boards.  

In the case of the Main St. sign, the application was resubmitted, according to board discussion, because the Batavia planning board agreed to consider it if a sign for Batavia Computer was added to the back of the building.

The Main St. painting isn't actually behind Main St. Pizza. It's behind Batavia Computer, and the owner of Batavia Computer said he thinks the location of the painting will confuse people about the location of his business, according to board discussion.

"It seems like this is a neighbor issue, but we're being asked to straighten it out," Kauffman said.

The revised plan leaves the painting in place, but ads door signs for both Main St. Pizza and Batavia Computer. The board seemed willing to consider a sign variance for Batavia Computer, but only as a separate application.

"We don't even know if the owner of Batavia Computer wants the sign," said board member Bob Bennett. "We have nothing with his signature on it."

Felipe Oltramari, senior planner for the county, said that part of the reason for the staff's recommendation to disapprove the application was that allowing such a large sign would set a precedent.

"How would the city say no to the next application?" Oltramari asked.

Kauffman noted that the point of a variance is to make an exception, not set a precedent.

The board held no discussion of the proposed demolition of the former Elks Lodge. A representative of UMMC and of the demolition company appeared at the meeting and were ready to answer questions, but no questions were asked.

In briefing Oltramari said there is no documented historical significance of the building.

County planning staff recommended approval of the demolition permit.

After the meeting, Oltramari shared a draft of a modification to the building that was approved in 1950. The modification added the current facade of the building. In our earlier report, we said that Frank Homelius designed the facade -- information that comes from a book about Frank and his father Henry Homelius. However, Frank died in 1941.

Photo: Taken the day DelPlato was finishing the Main St. painting.

The Holland Land Office Museum has acquired a painting by Richard Wright Ware that depicts a bit of West Main Street and the Tonawanda Creek that no longer exists.

Sometime in the late 1950s or '60s, the Batavia native painted the picture showing a view from the Walnut Street Bridge -- which was a traffic bridge then -- looking west down the Tonawanda with the former commercial buildings of West Main Street depicted on the right.

Those buildings would eventually be demolished, and the Walnut Street bridge converted for pedestrian use. That stretch of Main Street is now a grassy, tree-lined area.

County Clerk Don Read, at right, who serves on the HLOM board, acquired the picture at an auction and paid $600 for it.

Ware, known for his landscapes around Batavia and Naples, gained some regional acclaim and held shows locally in Rochester and the Finger Lakes.

"We like to have representative works of local artists," Read said.

The work, Read said, can be combined with photos HLOM has of that section of Batavia, to give museum visitors an idea of what the area was once like.

Executive Director Jeff Donahue said HLOM is always looking for artifacts that help tell the story of Genesee County and he said he would welcome tips from local residents on anything that might become available. It's important, he said, to ensure items of local historical importance are preserved.

The painting is already on display at HLOM.