Stories from

Center Street and School Street (between Center and Liberty) are closed today for repaving.

The Houseknechts are back in the vending business.  

John and Tom, who sold Loose Ends in 2008, after the family sold its Pepsi bottling company, has re-acquired their former business.

The new name is Crickler Vending. Crickler after the former Pepsi-Cola Batavia Bottling Corp., which was founded in 1890 as Crickler's.

"It looked like a good business opportunity and it's a business we're familiar with operating," Tom Houseknecht said.

The company has distribution centers in Rochester, Buffalo and Horseheads. Houseknecht said they consider their market areas Rochester, Buffalo and Elmira.

There are no plans to operate a distribution center Genesee County at this time, Houseknecht said.

The brothers re-acquired the business May 17 and immediately started re-branding their delivery trucks.

New York Times: A Price Tag on Carbon as a Climate Rescue Plan

The City of Batavia has received two significant awards, City Manager Jason Molino announced at a press conference held at the Fire Hall this afternoon.

The city is receiving a Strategic leadership & Governance Program Excellence Award from the International City/County Managers Association, and Firefighter Chuck Hammon is being honored by NYS Child Safety Advisory Board with a Shining Star Award for his efforts to increase the number of child safety seats installed in the city.

The ICMA will recognize the City of Batavia at its 100th annual conference in Charlotte, N.C., in September.

The award recognizes the creation and implementation of the city's strategic plan.

"With input from the community and the hard work of City Council and staff, we have been able to create an effective planning process that has demonstrated real results in efficient operations and meeting the service needs of our residents," Molino said. "Though our continued efforts to improve our operations, make sound decisions and strong investments, the city is being recognized for making a meaningful impact for our residents, businesses and visitors alike."

Hammon was recognized because over the past three years, he's taken the city's child safety seat program from almost nothing -- only two trained installation technicians -- to a program with 18 technicians and more than 150 installations and inspections a year. Batavia has one of the most active fire stations for child safety seats in WNY now, Molino said.

Press release:

"For too long, Western New York's veterans have been denied the honor of being laid to rest among their fellow heroes right here in our community," Congressman Chris Collins said. "Today's announcement of a veterans’ cemetery in Pembroke finally rights that wrong. This location will allow veterans from all around our region to be properly and locally honored for their service to this country."

Background: The VA has selected a 132-acre parcel on Indian Falls Road in the Town of Pembroke (Genesee County) as home for the long-anticipated Western New York Veterans’ Cemetery. Currently, the closest veterans’ cemetery is located in Bath, approximately 100 miles away.  

Press release from Sen. Charles Schumer's office after the jump:

Senator Charles E. Schumer today announced that the Department of Veterans Affairs (VA) has selected a site for the long-awaited Western New York Veterans’ Cemetery. The cemetery will be located on a 132-acre parcel at 1232 Indian Falls Road in the Town of Pembroke, Genesee County, just north of the Pembroke Thruway exit.

This veterans’ cemetery will be the first and only of its kind in the Buffalo-Rochester area, and will save thousands of military families from having to travel upward of 100 miles to visit their loved ones at what is now the closest veterans’ cemetery in Bath.

Schumer, along with various veterans groups, have led the charge to bring this much-needed veterans’ cemetery to Western New York. They've argued that a lack of a national veterans’ cemetery within a 75-mile radius of Buffalo and Rochester meant that it is long past time to establish a national veterans’ cemetery at a closer location for the hundreds of thousands of veterans living in the region.

The site is located approximately 30 miles from Buffalo and 48 miles from Rochester. The cemetery will provide a fitting burial option to approximately 96,000 currently underserved veterans and family members living in Western New York.

Schumer said this site selection is great news for the many thousands of deserving veterans living in Buffalo, Rochester, and beyond. With this new cemetery in Pembroke, these veterans and family members will be able to have a proper military burial near their homes in Western New York, and their families will be able to pay their respects without having to travel over 100 miles – something that can be a tremendous burden for many families.

“I am pleased that after four years of hard work, we finally have a site in place," the Senator said. "After serving our country so valiantly, and for so many years, it is only appropriate that we develop a national shrine, on a beautiful piece of land right in our backyard, for our veterans’ final resting place.”

Schumer has long argued that it is critical for a veterans’ cemetery location to be located in Western New York. He has pushed the VA as well as the State Historic Preservation Office (SHPO) to decide on a site and conduct the necessary environmental reviews as quickly as possible. Half of New York’s veterans are 65 years of age or older, and it’s well overdue to plan for their future and to ensure that they are treated with the honor they deserve.

Schumer has heard from local veterans groups that veterans in Western New York desperately want to be buried in a national shrine, but don’t want to force their families to travel far away to visit, at potentially great hardship. Some veterans have reported that families are delaying interring the cremated remains of their loved ones, with the intention of making this new cemetery their loved one's final resting place.

Today, more than 22 million veterans are eligible for the honor of burial in a national cemetery. Veterans with discharges other than dishonorable, their spouses and dependent children, may also be eligible for burial in a VA National Cemetery. Those who die on active duty may be buried in one, too.

Schumer joined with Western New York vets for years in calling for the VA to locate the first federal veterans’ cemetery in the region. Around 2009-2010, the VA updated its burial policy, which changed the threshold of veterans required to construct a new national cemetery to 80,000 veterans within 75 miles of a proposed site.

With this new policy, the region was more than qualified, with 96,000-plus veterans in Western New York who live beyond 75 miles from the nearest available national cemetery -- in Bath. Moreover, a total of nearly 300,000 veterans across Western New York could be served by this cemetery. Schumer has fought from the start to push the VA to move forward in finding a site for this cemetery, and he has pushed the process through a variety of roadblocks.

Total Tan has been in Batavia since 1996, but starting this week it's all new.  

The salon has moved to the new retail strip between Lewiston and West Main, next to the future new Tim Horton's.

Owner Cyndi Leonard, who founded Total Tan in Williamsville in 1994, said she and her managers had been looking to remodel and upgrade the old location in the Valu Plaza, but decided a new space made more sense.

The new location is filled with new, more modern units -- 20 in all, including five stand-up bays and a spray booth.

Pictured are (name redacted upon request), Cyndi Leonard, Rachel Mitchell and Emily Crego.

If you noticed a parade of antique vehicles heading through town today, they're all owned by Pat Thorp (pictured) and his father Nelson Thorp of East Bloomfield. It's a portion of their 22-vehicle collection.

The caravan was on its way to the University at Buffalo for a classic car show. We caught up with it at West Main Mini Mart.

The ladder truck is a 1949 American Le France, bought new by the City of Canandaigua for $26,000 and was in service until 2008. 

The woody is a 1940 Plymouth and is only one of 17 known in existence. 

The pickup truck is a 1937 Plymouth and has won multiple national awards.

The jeep is a 1952 Willies Army Jeep. That was the last year that model was made.

Pat Thorp said the vehicles will be passing back through Genesee County some time after 4:30 p.m. Saturday, if you want to try and catch a glimpse of these classics.

Le Roy's Zoning Board of Appeals will likely try to retain its own attorney in the Frost Ridge case, board Chairwoman Debbie Jackett said today.

At a hearing May 20, Town of Le Roy Attorney Reid Whiting told Judge Robert C. Noonan that the ZBA didn't have an attorney in court that day because the board chose not to be represented.

He said the ZBA had been served with notice of the lawsuit.

Jackett said the board didn't know it was named in a lawsuit until members read about the court hearing in The Batavian.

The ZBA was named by plaintiffs David and Marny Cleere and Scott and Betsy Collins because the ZBA found in July 2013 that camping and amplified music were permitted uses at Frost Ridge.

The board's position is and was, Jackett said, that camping and amplified music were both permitted uses prior to the area being zoned residential/agriculture in 1967.

The vote was unanimous, Jackett said, and the board's position hasn't changed.

The town board cannot overrule the ZBA's decision.

"Their view is contrary to our view," Jackett said.

Which is why Whiting can't represent the ZBA, she said. 

The ZBA serves both the town and village governments, but the board doesn't feel the village attorney should represent the ZBA since Frost Ridge is a town issue, so the ZBA is scrambling to secure independent legal representation.

The Town of Le Roy will be obligated to pay for the ZBA's attorney.

Frost Ridge and owners David and Greg Luetticke-Archbell are defendants in two lawsuits, one filed by the town and another field by Cleere and Collins challenging their legal ability to both exist as a campground and to operate occasionally as a live music venue.

The plaintiffs maintain that the campground and amplified music violate the current zoning ordinance. Frost Ridge maintains that the property was recreational use prior to 1967 and it's recreational use today.

Noonan issued a temporary injunction May 23 barring Frost Ridge from amplified music and alcohol service on the property, citing the likelihood that the town would prevail on the merits of the case. His decision was based on the May 20 hearing that lacked ZBA representation. 

Since the ZBA doesn't have an attorney yet, it's unclear whether any motion could be brought forward challenging the injunction.

A conference meeting -- where dates will be set for future proceedings in the cases -- is scheduled for tomorrow. Jackelt said she is unsure if the ZBA will be able to retain counsel in time for that court appearance.

Jarrod K. Fotiathis, 19, of Ellicott Street, Batavia, is charged with false personation. Fotiathis was suspected of being involved in a fight Wednesday night on Swan Street. When questioned, Fotiathis allegedly gave a false last name to a police officer. Officers reportedly asked him several times for his real last name and Fotiathis allegedly refused to do so. 

William Scott Smith, 46, of Main Road, Pembroke, is charged with unlawful possession of marijuana. Smith was allegedly found in possession of marijuana at 11:45 p.m. May 16 on Main Road, Pembroke, by Deputy Kevin McCarthy.

Michael Joseph Elmore, 23, of Summit Street, Batavia, is charged with unlawful possession of marijuana and trespass. Elmore allegedly trespassed on private property and was found in possession of marijuana at 3:10 p.m. May 24 by Deputy Kevin McCarthy.

Kristine Szumigala, 40, of East Avenue, Batavia, is charged with harassment, 2nd. Szumigala was allegedly involved in a fight at 8:57 a.m. Sunday at 16 Bank St., Batavia.

A Genesee County Grand Jury has filed an indictment against a Batavia resident who is accused of firing a handgun at another person while on State Street on Sept. 27.

Deshawn Allen Butler, 34, was wanted for a time in connection with the shots fired incident and was arrested in December. He was released from jail a few days later when the prosecution, which wasn't ready to proceed with a pre-trial hearing, called a felony hearing.

Butler was indicted on counts of criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.

Other indictments filed by the Grand Jury:

Kelly M. Zwolinski is indicted on a count of criminal possession of stolen property, 4th, a Class E felony. Zwolinski is accused of knowingly possessing stolen property valued at more than $1,000. In this case, a Western barrel-racing saddle, a Western trail saddle, two sets of stirrups and a breast collar.

Jose A. Esquilin is indicted on a count of DWI as a misdemeanor and aggravated unlicensed operation, a Class E felony. Esquilin was stopped Dec. 6 on the Thruway in Pembroke.

New York Times: Why License a Florist?

Danny and Eddy stopped at the Kwik Fill on Jackson and Ellicott for some gas on their way to a car show in Amherst this evening and their two pickup trucks sure got a lot of attention. A few people stopped and took cell phone pictures.

To car buffs, the trucks are known as "rat rods." They've got the patina of decades of loyal service to their owners.  

Danny is with the 1952 Chevy along with his sons, Ethan and Dylan. Eddy is with his 1955 Ford F-100.

Both vehicles are on modern chassis and have modern suspension systems (for a better ride), but otherwise have original paint and original interiors.  

They've owned their trucks three or four years.  

Danny and Eddy, both Batavia residents, said they plan on showing off their trucks at Summer in the City in August.

It's just a hobby, they said.

"You can tell they're attention getters," Eddy said. "They really attract people's eyes."

Maria Yefremenko says she is desperate to find her orange tabby, which has been missing since the night of May 20. The cat has green eyes and was last seen on Walnut Street in Batavia. He has a small tear in his left ear and small black spot on his right paw. Contact Maria Yefremenko either by e-mail at myefrem@gmail.com or call/text (585) 479-5229.

State Police assigned to Troop A held a ceremony today at the Batavia Barracks honoring troopers who have fallen in the line of duty. The wreath was place this year by Heidi Riley and Sharon Keane, the widows of Ross Riley and William Keane. Trooper Riley passed away during an exercise at Letchworth State Park and Trooper Keane suffered a heart attack while training.

To purchase prints, click here.

Sentenced once, an Alabama man who was arrested in November after police believed he had fired a weapon during an apparent domestic incident, was back in court today to be sentenced again.

Judge Robert C. Noonan said neither he, the prosecution nor the defense picked up on the fact in February that the charge Reuben Lay admitted to was not a violent felony. Since it wasn't, Noonan could not impose a determinate (set time) sentence under NYS sentencing guidelines.

The 50-year-old Lay could have withdrawn his guilty plea to criminal possession of a weapon, 3rd, but that would have exposed him to a trial on the other charges he face and a conviction could have meant consecutive sentences on each count.

Lay, who entered the courtroom with two state prison guards and was dressed in khaki slacks and a crisp white shirt and sporting close-cropped hear and sunglasses, declined the chance to withdraw his plea and was sentenced to 22 months to 66 months in prison.

During the early morning incident on Bloomingdale Road, Lay reportedly fired shots in the direction of a deputy and trooper. The Emergency Response Team was activated, but never deployed. Since there were no hostages and Lay presented no immediate danger to others, the Sheriff's Office decided to wait until the morning to arrest Lay rather than engage in a late-night confrontation.

Lay was charged with with criminal possession of a weapon, 3rd, and reckless endangerment, 1st, both Class D felonies. He was also charged with misdemeanor counts of criminal obstruction of breathing or blood circulation and harassment, 2nd.

Press release:

The City of Batavia Police Department is investigating the finding of skeletal remains from a residence on Seneca Avenue. 

The remains were turned over to the Police Department on May 18, 2014 by a relative of an elderly resident on Seneca Avenue. Family members found the remains upon cleaning the house out. The family indicated that another relative, whom passed away in the 1970s, found the remains while at Letchworth State Park in the 1940s or possibly 1950s. 

The remains have been sent to the NYSP Crime Lab in Albany for processing. The processing will be to positively identify whether or not the remains are in fact human and to provide for DNA testing. Results of this testing will not be available for three to four months. 

Anyone with any information is urged to contact the City of Batavia Police Department’s confidential tip line at (585) 345-6370 or visit the city's Web site.

This guitar was stolen from a local woman and pawned at a local pawn shop. The pawn shop has no record of who bought the guitar. Paul Draper is trying to recover the guitar for his aunt. If you know the whereabouts of the guitar, e-mail Paul at TheGCMG@Gmail.com.

It's been a litigious year so far for the City of Batavia, so the City Council is being asked to vote on a budget amendment that would increase legal spending by $71,733.

About $50,000 of that expense is related various lawsuits and Article 78 claims, including the ongoing legal battle between the City and the Mall Merchants Association (the city is both being sued and suing).

City Manager Jason Molino didn't say what portion of that $50,000 in extra litigation expense is because of the mall lawsuits.

"The amount of litigation can't be predicted," City Manager Jason Molino told the council. "I can't tell you how many claims we're going to get. For example, we've had three more claims in just the past week."

The City Council will be asked to vote on the budget amendment at it's next business meeting in two weeks.

Claims and legal matters against the city range from snowplows knocking over mailboxes to tax assessment challenges.

"Unfortunately, we live in a litigious environment," Molino said. "Two things: one, anybody can sue for anything; two, a municipality, I think, is usually a higher target than most because they're viewed as having an unlimited amount of resources. That's the nature of being in this country and the nature of being a municipality. As long as we own property as a municipality, as long as we provide services, we're going to be the subject of litigation regardless of the merit."

While the city has been subject to some claims Molino characterized as meritless, there has been other litigation -- such as Terry Platt and Platt Properties' Article 78 action over his planned rooming house on East Main Street -- that might have more substance.

Each case, whether frivolous or serious, generates not only legal fees, but staff time for research and investigation, Molino said.

"With any claim, there's an assessment that's done internally to understand the risk, to understand the city's exposure, understand the merit of the city's case, understand the merit of the city's position, versus the merit, or in many cases, the lack of merit, of the opposing party," Molino said. "In all of those circumstances, we do that analysis to understand how do we resolve this amicably and how do we resolve it in our best interest."

Another $28,000 of the city's extra legal expenses have been related to redevelopment projects, such the Carr's Warehouse building and the Della Penna property.

The city's annual legal expenses include the city's attorney, George Van Ness and his law firm, outside council on specific cases, labor relations counsel and prosecution of code violations.

Molino didn't have a count available of how many individual cases the city has handled so far in 2014.

Molino said there have been years of fewer legal cases and years of an even greater volume of claims against the city, which is why, he said, legal expenditures are always hard to nail down at budget time.

Also not available is how much the city has spent on legal services over the six years it's been in some form of legal battle with the Mall Merchants Association.

Ben Franklin famously warned, "If we don't hang together, by heavens we shall hang separately."

City Councilman John Canale thinks it's time the various agencies working in the City of Batavia do a better job of hanging together.

To that end, he's asking his fellow council members to authorize a little extra spending: About $1,900 to help the Batavia Improvement District pay for the colorful hanging baskets lining Main Street again this year.

"Unfortunately, there's a lot of division of agencies in the city that are all working for the betterment of the city, but nobody wants to get on the same page," Canale said.

The BID stepped forward and paid $10,000 toward the cost of garbage dumpster containers off School Street. Now the city can reciprocate by pitching in for the flower baskets.

City crews hung the baskets at the behest of the BID on Friday, in time for Memorial Day.

Canale acknowledged that the city funding Vibrant Batavia has been a sore spot for some, and the city pitching in on the hanging baskets can smooth things over a bit.

"The BID doesn't have to do all the things they do," Canale said. "They don't have to put up flowers to make our Downtown more beautiful and more attractive to future businesses or businesses that may want to relocate. I think it would be great for the city to partner on a project like this."

Flowers Downtown are part of the city's economic development efforts, Councilwoman Patti Pacino said.

"Whether people choose to believe it or not, STAMP is enormous," Pacino said. "The ag park. These are all new people who don't live here, haven't lived here, and I'm going to guess they're married and have children. I'd like them to come in and see this is a good city to raise children in and live in. Flowers in the city, it sounds like such a small thing, but it makes it that much more interesting, that much more available, and that much better to come here."

Councilwoman Kathy Briggs suggested the city already does its share by watering the baskets.

Asked after the meeting about the city's contributions to hanging flower baskets Downtown, City Manager Jason Molino said, "The city does a lot of participation and cooperation with the Business Improvement District because we value improving our Downtown and our business community, and that helps the community as a whole. This is another one of those circumstances where we're going to partner with them to do more in the future."