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Law and Order: Concertgoer allegedly driving on 37 suspensions

By Howard B. Owens

Victor M. Delatorre, 23, of Rochester, is charged with operating a motor vehicle while his license is suspected. Officers Peter Scanio and Gene Nati, Corfu PD, stopped Delatorre when he passed through the Village of Corfu after leaving the Zac Brown Band concert Sunday night after an automated license plate reader in a patrol vehicle alerted the officers to a vehicle with a suspended registration. A computer check indicated Delatorre had 37 prior suspensions on 18 dates. Delatorre was jailed on $5,000 bail or $10,000 bond.

Lisa M. Aratari, 43, of Barrville Road, Elba, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right, driving outside of restriction and reckless endangerment, 2nd. Aratari allegedly drove a vehicle away from a location in the Town of Pembroke while a person was standing in the doorway of the vehicle. Aratari's vehicle was stopped on Lewiston Road, Alabama, by Deputy James Diehl. She was jailed on $25,000 bail.

Steven Dustin Downey, 27, of Route 98, Interlaken, is charged with criminal possession of a controlled substance, 7th, and disorderly conduct. Downey was arrested following a complaint of inappropriate conduct at 10 p.m. Friday at Darien Lake Theme Park. Further investigation revealed he was allegedly in possession of morphine.

Scott Leonard Blair, 31, of Stage Road, Clarence, is charged with driving while ability impaired by alcohol and failure to keep right. Blair was stopped at 3:16 a.m. Saturday on Genesee Street, Pembroke, by Deputy Patrick Reeves.

A 16-year-old resident of Alleghany Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, unlicensed operator and unauthorized use of a motor vehicle. The youth was stopped by deputies Patrick Reeves and Jason Saile just after midnight Sunday on Alexander Road, Alexander, following a report of stolen vehicle from a location on Alexander Road, Alexander. The youth was jailed on $5,000 bail or $10,000 bond.

Nine arrests reported at Zac Brown concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Zac Brown Band concert at Darien Lake Performing Arts Center on Sunday.

Lindsay J. Snodgrass, 19, of Park View Drive, Pittsford, is charged with criminal possession of a forged Instrument, 2nd, and false personation after allegedly providing a false date of birth and being in possession of two fraudulent Maryland driver’s licenses. Snodgrass was arraigned in Darien Court and jailed in lieu of $1,500 bail.

Maxwell A. Pigeon, 19, of Hoerner Avenue, Cheektowaga, is charged with criminal possession of a forged instrument, 2nd, obstructing governmental administration, 2nd, grand larceny, 4th, resisting arrest, tampering with evidence  and harassment, 2nd, after allegedly grabbing his fraudulent Pennsylvania driver’s license from a deputy, pushing the deputy and running away. Pigeon was arraigned in Darien Court and jailed in lieu of $2,000 bail.

Griffin J. Ryan, 19, of Shamrock Court, Hamburg, is charged with criminal trespas, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Allison R. Sherman, 39, of Brace Road, Victor, is charged with felony aggravated DWI, child less than 16 in vehicle, aggravated DWI, DWI, endangering the welfare of a child and reckless endangerment, 2nd, after allegedly striking a Darien Lake Security Officer in the leg pinning him between two cars. The investigation revealed Sherman was allegedly intoxicated and had her 13 year old son in the vehicle.

Jason M. Mittelstaedt, 42 of Tracy Street, Mittistaedt, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Michael W. Perlo, 17, of Princeton Avenue, Rochester, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Marc A. Weyl, 20, of Thornwood Circle, Pittsford, is charged with trespass after allegedly reentered the concert venue after being ejected and told not to return.

Alexandra R. Nenni, 24, of Mondaui Circle, Spencerport, is charged with criminal possession of marijuana, 5th, after allegedly being found smoking marijuana in public view.

Nicolette L. Zinone, 23, of Emjay Lane, Rochester, is charged with criminal possession of marijuana, 5th, after allegedly being found smoking marijuana in public view.

Rock star rocks Center Street

By Howard B. Owens

Joey Belladonna, lead singer of the metal band Anthrax and native of Oswego, brought his cover band Chief Big Way to Center Street Smoke House on Friday night. The room was packed with fans as the trio, with Belladonna on drums, powered through big rock hit after hit. Tom Mazurkiewicz, who became friends with Belladonna after meeting him at Darien Lake, helped arrange the appearance.

Car upside down off Route 77, Alabama

By Howard B. Owens

A car has reportedly hit a pole and is now upside down in a ditch along Route 77 near Marble Road, Alabama.

No word yet on injuries.

Alabama fire and Mercy EMS responding.

Revised Dunkin' Donut plan doesn't sway county planners

By Howard B. Owens

For local Dunkin' Donut franchisee Mike Mikolajczyk, he thinks he's found the perfect location to open up a second shop, but the problem is, for the second time, land-use planners disagree.

In September of last year, the City Planning Board listened to objections raised by nearby residents and rejected a plan for a donut shop on West Main Street on a small lot between Five Star Bank and Barrett's Batavia Marine.

Mikolajczyk and his architect presented a new plan that they hope addresses traffic flow concerns to the Genesee County Planning Board, but the board voted to recommend disapproval of the site plan.

That doesn't kill the project. The City Planning Board can still approve the plan with a majority-plus-one vote.

The revised plan, said architect Kip Finley (photo), would allow for eight cars in queue before backing up into the parking lot, and the parking lot could accommodate an additional five cars before they would start backing up onto West Main. 

Mikolajczyk's existing Dunkin franchise location, on West Main and Ellicott Avenue, captures mostly westbound commuter traffic in the morning. The proposed new location, said Finley, would help the small business owner capture more business from eastbound commuters.

With the recommended disapproval, it's back to the drawing board, Mikolajczyk said, to try and come up with a project that planners will favor. It's important enough to him, he said, to keep trying.

"It's a good location for the type of business we are," Mikolajczyk said. "That's the best location. I don't want to do a location just for the sake of putting another one in, another Dunkin' in. I want to make sure I have the right location."

Other County Planning Board recommendations:

  • Approval of an area variance for a new barn in the front yard of 10528 Pavilion Center Road. The proposed barn meets setback requirements, but the Town of Pavilion's zoning code doesn't permit front yard accessory buildings. County planners said the proposed barn is not likely to have significant community-wide or local impacts and there are other properties in the area with front yard accessory buildings;
  • Approval with modifications for a special use permit for a restaurant as an accessory business to proposed hotel at 7758 E. Main Road, Le Roy. Planners want to see more parking for the business;
  • Approval for a solar array at 6332 Byron Holley Road, Byron;
  • Disapproval of a proposed subdivision for a 17-lot subdivision on Fieldcrest Drive, Corfu. Planners found the proposed subdivision plans do not comply with existing code because of a lack of detail in the plans. Planners also expressed concern about the lack of protection for federally identified wetlands on lots 9, 10, 16 and 17;
  • Tabled consideration of a variance for fence height at 8903 Route 237, Stafford. Planners were concerned about the lack of detail. The application lacked plans and pictures. Property owner James Pontillo said he turned in all of the required documents to the Town of Stafford. If he did, the documents were not forwarded to the County Planning Department. Pontillo said he would have his attorney provide the materials by the board's next meeting.

Pavilion celebrates funding for new children's wing at library

By Howard B. Owens

Pavilion celebrated today receiving a $283,877 grant from the State of New York to help fund the addition of a new wing on the library, which is also being funded with a $200,000 donation from Edgar and Mary Louis Hollwedel. The 1,620-square-foot addition will provide expanded services for children in Pavilion.

Pictured from left, Elsa Queen, Jay Grasso (representing Sen. Micheal Ranzenhofer), Mary Louise Hollwedel, Edgar Hollwedel, Assemblyman Steve Hawley and Spiderman.

$20 million expansion of O-AT-KA plant takes another step forward

By Howard B. Owens

With 344 employees, O-AT-KA Milk Products is already Genesee County's largest private employer, and CFO Michael Patterson promised the Genesee County Economic Development Center Board a taxpayer-assisted expansion will result in a workforce expanded by 21 positions.

The expansion, at a cost to O-AT-KA of $20 million, will result in greater efficiency, a product and market expansion and greater employee safety, Patterson said.

"This is a real game changer for O-AT-KA," Patterson said. "It will allow us to grow while we focus on efficiency and employee safety."

Patterson described the region as "heavy with milk," and the expansion will help O-AT-KA improve its capacity to create new products and expand into additional markets.

O-AT-KA is seeking $2.26 million in sales tax and property tax exemptions.

In making a motion to set a public hearing on O-AT-KA's application, Board Member Craig Yunker said, "This is really important to our region and our dairy industry, which is the back bone of our local economy. I don't know of a more important project."

The date of the hearing, which the board approved unanimously, has not yet been determined, but will be within the next two or three weeks so the board can vote on whether to grant the tax exemptions at its next meeting.

“This is a tremendous investment being made by one of the largest private-sector employers in Genesee County,” said GCEDC Board Chairman Paul Battaglia. “It also demonstrates a long-term commitment to our community by the company in building a state-of-the-art facility to enhance its manufacturing operations now and in the future.”

Nine arrests reported for Jason Aldean concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Jason Aldean concert at Darien Lake Performing Arts Center on Thursday.

Jacob D. Latello, 21, of Park Boulevard, Lancaster, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Latello was arraigned in Darien Court and jailed in lieu of $250 bail.

John V. Winiecki, 22, of Buffalo Street, Alexander, is charged with criminal trespass, 3rd, after allegedly reentered the concert venue after being ejected and told not to return. Winiecki was arraigned in Darien Court and jailed in lieu of $500 bail.

Edward N. Cleveland, 18, of Shamrock Avenue, Port Colborne, Ontario, Canada, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. Cleveland was arraigned in Darien Court and jailed in lieu of $250 bail.

Tyler T. Hosmer, 19, of Baird Road, Penfield, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Molly E. Backus, 18, of Pleasant Street, Clifton Springs, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Matthew A. Sypolt, 21, of Harris Road, Poland, is charged with two counts of harassment, 2nd, after allegedly striking two CSC security officers.

Morgan B. Wheeler, 20, of West Lake Road, Geneseo, is charged with criminal Impersonation, 2nd, after allegedly identifying herself as another by using a NYS driver’s license.

William E. Dyke Jr., 43, of South Union Street, Spencerport, is charged with harassment, 2nd, after allegedly striking another subject in the face.

Travis J. Snyder, 34, of Hertel Avenue, Buffalo, is charged with harassment, 2nd, after allegedly striking another subject in the face.

Edwin C. Rogers

By Howard B. Owens

Edwin C. Rogers, of Lakeland, FL, formerly of LeRoy, died on August 11th, after a long illness.  He was predeceased by his parents, Blasé and Florence Rogers, of LeRoy.  He is survived by his sisters, Marguerite Green, of LeRoy and Elizabeth Estes, of Caledonia, and his brothers, Lawrence, of Boynton Beach, FL and William, of LeRoy, several nieces and nephews in the area.. In addition,he was survived by a very good friend and caregiver, Sam Meli, of Lakeland, FL.
Funeral services were arranged in Florida.

Application period opens for fall hunt in Genesee County Park

By Howard B. Owens

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.

Musicians mark year anniversary of playing anthem at VA Center

By Howard B. Owens

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

Law and Order: Man accused of stealing from tip jar

By Howard B. Owens

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)

Body of man found in creek identified as Batavia resident

By Howard B. Owens
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.

Photos: Artists and dramatists come together in Jackson Square

By Howard B. Owens

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.

Police respond to domestic incident on East Main Street

By Howard B. Owens

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.

Police on the scout for park vandals, other crimes in parks

By Howard B. Owens

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.

National Grid responds to complaints about tree trimming

By Howard B. Owens

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.

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