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Press release:

Genesee County Parks Deer Management Permit Applications will be accepted for the Archery Hunting Program at the Genesee County Park & Forest beginning Aug. 17 through Sept. 11.

The Deer Management Program Terms & Conditions packet (including permit) can be downloaded from the Genesee County Parks Web site at http://www.co.genesee.ny.us/docs/GCPF_DeerMgmt_TermsCond_w_Permit_Final2015.pdf or picked up at the Park office located at 153 Cedar St., Batavia, between the hours of 8 a.m. – 4 p.m. Monday thru Friday.

The permit is a non-refundable $25 fee (check or money order due with permit application). Check or money order must be written out to the GENESEE COUNTY TREASURER and must accompany the permit when submitted. A copy of your NYS DEC License is required to be submitted with the permit application also. Applications will not be accepted after Sept. 11.

A lottery drawing will be held on Sept. 15 where permits and vehicle tags will be administered at a mandatory information meeting held on Oct. 3. The Deer Management Program is a four-week program that runs from Oct. 19 through Nov. 15. Genesee County residents, including youth, and disabled veterans will be given priority over nonresident applications.

A Genesee County Parks Deer Management issued permit is required to legally archery or crossbow hunt at the Genesee County Park & Forest. Hunters must possess a valid NYS DEC big game license and respective deer tags before applying for a Genesee County Parks Deer Archery Hunting Permit. Crossbow hunters must ALSO possess a valid muzzleloader hunting privilege as defined by the NYS DEC along with respective deer tags.

The Genesee County Parks Deer Management Permit is specific to the hunter, and may not be used by or assigned to any other individual. Genesee County reserves the right to revoke this permit at any time.

For more information, please visit the Genesee County Parks Web site at http://www.co.genesee.ny.us/departments/parks/forestmanagement.html or contact Paul Osborn via e-mail at coparks@co.genesee.ny.us or call (585) 344-8508.

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

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)

Troy Hickman

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.

Batavia Society of Artists and Batavia Players teamed up Tuesday night for a unique arts event in Jackson Square. The artists made art, the players were the models, in character for an upcoming performance of "Alice in Wonderland." Artists were encouraged to paint or draw in whatever medium they preferred. Some sketched, some used acrylics and others put chalk to cement. The players also rehearsed their parts for the show. There was also a wine tasting featuring Midgard Winery, of Corfu.

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We've received a couple of messages asking "what was going on at Movies in Motion?"

There was nothing going on at Movies in Motion.

Police responded to a report of a domestic incident at an apartment behind the business on East Main Street.

Batavia PD, Sheriff's Office and State Police all reportedly responded.

We'll provide additional information as it becomes available.

NOTE: The inquiries about this came 45 minutes to an hour after the incident. If you see something going on and want us to check it out, don't assume we know about it. The new radio system provides spotty coverage. It's easier for law enforcement to encrypt messages and, in some cases, law enforcement has always tried to keep radio traffic to a minimum. If you see something, say something. I can be reached at howard@thebatavian.com or you can text me at (585) 260-6970.

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.

A report by Genesee Justice that Hannah E. Dibble tested positive for alcohol has led to her release under supervision being revoked. The 22-year-old Pembroke resident is accused of driving drunk the night in February she was involved in an accident that claimed the life of a friend, 18-year-old Corfu resident Alyson D. Krzanak.

Judge Robert Noonan ordered Dibble held on $10,000 bail or $20,000 bond.

Attorney Ben Bonarigo argued that Dibble deserved a chance to remain out of jail, but under house arrest, until she could be placed in a treatment program on Friday. He conceded that Dibble, inexperienced with the criminal justice system, was in a difficult transition to its strictures. 

Noonan expressed concern that if Dibble couldn't obey a court order, in this case by drinking, then he lacked confidence she could be trusted to make future court appearances.

On July 24, Dibble pled not guilty to an 11-count Grand Jury indictment that included: one count of vehicular manslaughter in the second degree; two counts of vehicular assault in the first degree; three counts of assault in the second degree; three counts of vehicular assault in the second degree; and two counts of DWI.

James Scherer, 21, Brandon Danser, 22, and Felecia J. Fazzio, 20, all suffered serious physical injuries in the Feb. 21 collision wherein the 1997 Chevrolet Geo she was driving crossed Route 20 at Molasses Hill Road, Bethany, and was struck by a semi-truck.

(File photo of Hannah E. Dibble)

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:

State Senator Michael H. Ranzenhofer announced today that Pavilion Public Library has been awarded $283,877, while Byron-Bergen Public Library has been awarded $65,355, in public library construction funds.

The funds are from $14 million in capital funds for public library construction provided in the 2014 State Budget. Pavilion Public Library’s grant is for a new 1,790-square-foot children’s addition to the library’s existing building. Byron-Bergen Public Library’s grant is for fixing drainage issues in the parking lot, replacing an emergency exit door, and installing energy-efficient windows.  

“Whether for Internet access or to promote reading among children, our local public libraries provide invaluable resources to so many residents in our community,” Ranzenhofer said. “These two grants for Pavilion and Byron-Bergen public libraries will ensure that many of their important services are secured for future generations.”

New York’s public libraries are in urgent need of renovation and upgrading. A recent survey showed a documented need for public library construction and renovation projects totaling more than $2.2 billion. More than 48 percent of the more than 1,000 public library buildings in communities across New York are over 60 years old. Another 30 percent are more than three decades old.  

Many of New York’s local public libraries are: unable to accommodate users with disabilities; are energy inefficient; cannot provide Internet, computer and other electronic technologies to users because of outdated and inadequate electrical wiring; and do not have sufficient space to house the library’s expanding collection; cannot address the need for adequate meeting room, or provide for public access computers.

Project activities and expenditures eligible for grants from the $14 million State Aid for Library Construction Program include: financing construction of new library buildings; construction of additions to existing buildings; and the renovation and/or rehabilitation of existing space. The latter includes: roof replacement; purchase and installation of alternative energy resources and new HVAC systems, windows, doors and lighting systems; electrical upgrades; and construction of new or replacement of old walkways and parking lots, among other things. Renovations designed to provide accessibility for patrons with disabilities are a high priority.

A lightning strike to a residence is reported at 9290 York Road, Le Roy.

There is a report of smoke in the residence.

Le Roy fire and a tanker from Pavilion along with Le Roy Ambulance are dispatched.

UPDATE 10:03 p.m.: National Grid requested to the scene.

UPDATE 10:14 p.m.: A mutual aid company on standby at its hall has been put back in service.

UPDATE 10:17 p.m.: Fire police can open up the road. Le Roy units going back in service, except for the chief in charge at the scene, who will remain, awaiting National Grid.

A severe thunderstorm warning has been issued for the southwest part of Genesee County until 6 p.m.

The storm is capable of producing quarter-sized hail and winds in excess of 60 mph.

The storm is moving northeast at about 30 mph.

Rainy weather has also forced the Batavia Muckdogs to postpone tonight's came at Dwyer Stadium. The game will be made up as part of a doubleheader Tuesday.

UPDATE: A flash-flood warning has been issued for eastern Genesee County, including Batavia. Already as much as of two inches of rain has fallen, according to the National Weather Service. Heavy rain is expected to continue. The warning is in effect until 9 p.m.

Brandon Maldonado Melissa Broadbent

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.

Brandon Maldonado Melissa Broadbent

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.