Stories from

We now know that all the police activity on Jackson Street the evening of June 26 was more than just a response to an individual seen running behind backyards between Maple Street and Morton Avenue. It was part of law enforcement detail in the area aimed at identifying issues in the neighborhood. 

Earlier this week, the City of Batavia announced the results of the detail.

Police made contact with numerous individuals, some were on parole or probation.

The person seen running through yards was on parole, but not wanted, according to local law enforcement. He was released after none of the property owners who initially called about him wanted to file a trespass charge. Police are unsure why he decided to run and try to hide from law enforcement, if that is indeed what he was doing.

There have been complaints from citizens on The Batavian and on Facebook that they had their vehicles stopped for no or flimsy reasons, but Chief Shawn Heubusch said all traffic stops were made in accordance with guidelines related to probable cause. 

"Each traffic stop was conducted legally and with probable cause," Heubusch said in an e-mail response to our questions. "As for the probable cause for each I do not have that information. We do not generally keep track of that information unless an arrest is made (DWI for example)."

We asked about the probable cause for the 59 "data runs" reported in the press release.

Heubusch said, "As for the "data runs," these are done routinely when checking license plates or driver's license info, for any wanted-person info, or stolen vehicle, for example. New York State does not require probable cause to run a license plate attached to vehicle."

We asked for the arrest reports/press releases on each of the three arrests reported during the sweep and Heubusch said he would think those arrests would have been reported previously by each of the agencies making the arrests, but he would have to research that further.  

The detail is part of a plan announced earlier this year in keeping with the city's strategic plan, which calls for revitalizing neighborhoods. The effort is designed to identify problems and deal with them before they grow into something bigger.

Concerns about adequate parking and emergency vehicle access led the Genesee County Planning Board on Thursday night to recommend against approval for a senior housing apartment complex off Route 5 in the Town of Batavia.

The board's vote is not binding, but it does require the Town of Batavia Planning Board to vote with a +1 margin to approve the project.

The site for the project is 3833 W. Main Street Road, Batavia. It is 33.4 acres and would contain 110 apartment units that would be marketed to middle-income residents age 55 and older.

There's currently no senior housing in the area designed for middle-income residents, said Ben Gustafson, a civil engineer with Hunt Engineers/Architects/Surveyors, and representing the developer, Calamar.

The project calls for 1.5 parking spaces per unit, which is a variance from the town's 2-per unit ordinance. 

Gustafson explained that two per unit is excessive by modern planning standards, the county's own planning goals and what Calamar's studies of its own 15 similar complexes shows is necessary.

In some Calamar locations, the local ordinance requires only one parking space, but even there, because of Calamar's own experience, they put in 1.5.

"What we're proposing is in keeping with sustainable development throughout this country by not providing more parking than is required," Gustafson said. "Our studies show we need far less than two spaces per unit."

Multiple board members expressed concern about 1.5 parking spaces, even so.

"The 1.5 parking per unit is unrealistic," said Mel Wentland, board chairman. "For 55 and older, both members of the family usually have cars. You're under-populating parking spaces. There should be two per unit. There are also people coming to visit, nurses aides, various kinds of help. I don't think the parking (the plan) provides is adequate to meet all the needs of such a community."

Gustafson said it's common for residents in these communities to not even have cars, but if the parking proved inadequate, there's plenty of space on the property that could later be converted to parking if needed.

Another issue is the single driveway for the complex off Route 5.

The main concern of the board is access for emergency vehicles -- what if traffic is tying up the driveway, or there's an accident in front of it?

According to Gustafson, there are fewer than 30 cars an hour that will pass through the driveway, far less than similar-sized units serving younger families. The traffic impact will be minimal and the wide driveway will provide ample room for emergency vehicles.

Board Member Lucine Kauffman said no one on the board is arguing against the need for the project, but that these issues should be addressed before it's approved for development.

Beautiful weather. Good food. Lots of friendly people. Fun, old-time music. What's not to love about Taste of Stafford each year.

The owners of Frost Ridge are expecting to find out this afternoon whether their 2014 concert series will be held at the campground this year, or whether they must continue to hunt for alternative venues.

This morning, attorney David Roach asked Judge Robert C. Noonan to vacate his preliminary injunction of May 24 that barred amplified music and alcohol service while a pair of lawsuits are pending against Frost Ridge.

Roach based his motion on the fact that the Le Roy's Zoning Board of Appeals wasn't represented at May's hearing and now that the ZBA is represented in the case, new information has been presented to Noonan that shows the ZBA determined that Frost Ridge was being operated in 2013 within the bounds of its status of a nonconforming, preexisting use.

At the May hearing, Town of Le Roy attorney Reid Whiting said the ZBA declined to be represented in the suit (ZBA members didn't even know about the suit at the time) and he presented what's known as a "verified answer" by Supervisor Steve Barbeau that stated the ZBA determination was invalid.

Today, Roach filed an amended verified answer (the answer is in response to the lawsuit by the Cleere and Collins families) from the ZBA itself that states that live music and food service are grandfathered in at the campground.

On the basis of that change, Roach argued that Noonan's injunction was granted without the proper factual information and should therefore be vacated.

"It is no longer clear -- as the court preliminary held -- that my clients have committed a zoning violation," Roach said. "With the ZBA's amended verified answer, the weight of the evidence has shifted such that it is now clear my clients are in compliance with the zoning code as a prior, nonconforming use."

Mindy Zoghlin, attorney for the Cleeres and Collins, argued that the ZBA's minutes don't help Frost Ridge.

"The ZBA minutes say they were asked to review the need for a special-use permit," Zoghlin said. "Dave outlined the history of the campground, and just the campground, as established prior to the zoning law being passed. After his presentation, the ZBA board discussed the issue of the campground, and just the campground and whether it is grandfathered in. It's not clear from the minutes what they're talking about."

Zoghlin said her clients have no issue with the existence of the campground or music at the campground. They are against it being used as a live music venue.

"We're not challenging the decision that the campground is a preexisting use," Zoghlin said. "That's a mischaracterization of the argument and a misunderstanding of what the court ruled the first time around. What we're saying is they can't legally expand the campground unless they go to the ZBA and apply for and receive a special-use permit for expansion."

Whiting made only a brief statement to Noonan and said the defendant's reliance on the ZBA determinations are puzzling to him because he thinks the ZBA rulings produce very unfavorable results for Frost Ridge.

"In 1998, the ZBA ruled clearly there can be no expansion of any structure and can be no change in use whatsoever. On both measures, the campground has aggressively and significantly sought to expand both uses and structures on the campground."

Roach countered later that the ZBA's positions clear that in 2013 they knew what was going on at Frost Ridge and that based on testimony and personal knowledge of board members, the use in 2013 (which included concerts and food service) was grandfathered in.

Noonan could decide, Roach suggested, to kick the issue back to the ZBA to hold a hearing and define exactly what it meant by campground and what it considers to be a prior, nonconforming use.

Both lawsuits -- the one filed by Cleere and Collins and the one filed by the town -- against Frost Ridge should be dismissed, Roach said, because the statute of limitation (in this case, 30 days) long ago expired for challenging the ZBA decision.

Zoghlin told Noonan that the defendants have failed to provide proof of when the determination was filed with the Town Clerk, and without that proof, there is no evidence that the statute of limitations has expired.  

She also said the record is incomplete because for the 2013 determination, there was no application filed by Frost Ridge for a decision.

"There's no forms filled out," she said. "There's nothing in writing."

Roach said Frost Ridge owners Greg and David Luetticke-Archbell relied on the ZBA's 2013 determination to go ahead and book concerts for the summer of 2014. They could potentially be out of tens of thousands of dollars if the preliminary injunction isn't lifted.

Noonan said he will issue a written decision at 3 p.m. today.

Davon St. John drives for a layup during a bit of a practice session today at Williams Park in advance of Saturday's third annual 3-on-3 Tournament organized by Jerry Smith.

The tournament this year is sponsored for the first time by The Batavian.

Registration opens at 10 a.m. First game is at 11 a.m.

The cost is $50 per four-player team. Each team is guaranteed at least four games.

There are boys and girls divisions grades 5 through 12, an 18-19 year-old division, and a 30 and over division.

The winners will receive champion T-shirts.

Event supporters include Venue Entertainment, Big Pauly's Pizza, Southside Deli, Extreme Streetwear, Direct TV, Showtime Player Development, Buffalo 716ers, Erie Hurricanes, Ficarella's Pizzeria, and Genesee Clean-Out.

Thanks to Davon and his father, David, for the fun game of 21. It's the first time I've played basketball in at least 25 years.

Davon is entering his junior year at Bennett High School in Buffalo. He was part of the Pembroke program. His father hopes there might be a way he can return to Genesee County -- Batavia or Pembroke -- before the start of the high school basketball season.

It took a jury all of 30 minutes to return a guilty verdict against former Bergen resident Michele Ann Case of grand larceny in the third degree.

This is the second time a jury in Genesee County has found Case guilty of stealing more than $14,000 from her former employer, HomeCare & Hospice.

The first conviction, in March 2012, was overturned on appeal because state justices found that summations of her thefts were improperly prepared and presented to the jury.

Case, 47, was represented in this trial by attorney Larry Koss, who argued before the jury in closing statements this afternoon that the extra compensation received was all just a big misunderstanding.

"The fact that there are discrepancies doesn't mean anything was done intentionally," Koss told the jury. "People make mistakes. I submit to you, if you're in the profession she's in, your primary concern has to be your patients. If you want to be a good nurse, you want to care for your patients. They have to be your primary concern. They have to be what you pay attention to."

District Attorney Lawrence Friedman told the jury that the evidence was clear: Case submitted claims for "call outs" (patient visits supposedly outside of regularly scheduled hours) during her normal work shift; that she submitted claims for call outs that she didn't make; and that she claimed mileage that was greatly exaggerated.

Koss said it was a lack of proper training and clear policies that caused Case to submit inaccurate claims for compensation.

There's nothing in the polices that define what allowable mileage is (to which Friedman responded during his close, "I think the answer is you're expected to record mileage truthfully."

During her employment with HCH, Case submitted 61 mileage claims. Of those, Friedman said, 60 of them contained wildly inflated mileage, up to 100, 200 and 300 more miles than Case possibly could have driven.

For a trip to Crossroads House on Liberty Street from the HCH office on East Main Street, Batavia, Case claimed 30 miles.

When confronted by Det. Charles Dudek (now retired) about the discrepancy, Case claimed at one point her trip that day originated in Warsaw, but even those miles -- combined with the side trips she claimed -- didn't add up, Friedman said.

When she went to Delavan for training, Case claimed mileage that was nearly double the actual trip, even using the longest possible route offered by MapQuest for the drive, Friedman said.

That didn't happen just once, but twice.

Case told Dudek that she forgot to reset her trip counter on her odometer and didn't realize her mistake when submitting her mileage reports.

Friedman said the pattern of Case's inflated claims made it quite clear she was trying to increase her compensation illegally.

On 69 occasions, Friedman said, Case claimed compensation for call-outs during what should have been her normal, salaried working hours. Those claims alone totaled $5,300 in extra compensation.

"There is one common scheme to illegitimately and illegally increase what she saw as her insufficient income," Friedman said.

To Koss's argument that HomeCare & Hospice neglected to spot and correct Case's false claims for two and a half years, Friedman said such fraudulent claims went undetected because they were unexpected.

"The defendant was a registered nurse," Friedman said. "She's a professional and they expected her to be professional and honest when she documented her claims, and it turned out, they couldn't count on that."

At the start of his summation, Koss quoted Oscar Wilde.“The truth is rarely plain and never simple.”*

The case against his client, he said, was complicated and obscured by poorly written policies and inadequate training.

Friedman said at the close of his summation, that actually, the facts of the case were pretty straightforward.

"The plain and simple truth is this defendant stole more than $14K by falsifying time vouchers and mileage records," Friedman said.

With uncommon speed, the jury reached the same conclusion.

NOTE: Wilde's correct quote is, “The truth is rarely pure and never simple.”

Batavia PD is responding to State Street and Lewis Place for a report of a disturbance.

The initial call was for a group of people making a lot of noise. Minutes later, a follow-up call said people were fighting.

When the first patrol arrived on scene, the officer said members of the group fled. Some headed toward Bank Street, some are said to be heading north on State Street.

Multiple police units responding.

UPDATE 10:29 p.m.: An officer reports he's out with several individuals at State and Lewis.

Workers with National Grid installed a new utility pole on Center Street. The road was closed for a portion of the morning during the installation. The pole will help accommodate power upgrades for the new call center for the Tompkins Insurance Company going in at that location.

Here are some pictures from today's basketball camp at John Kennedy School. This portion of the camp is for boys and girls going into the 7th and 8th grade.

From the small portion of the camp I watched, high school coaches in the county can anticipate getting some skillful young athletes with a lot of heart in a couple of years.

Coaching at John Kennedy were Tom Redband and Matt Shay.

Yesterday: Photos: Summer basketball camp under way in Batavia

Daily Yonder: High-Deductible Plans More Common

After the Tigers Under 6 soccer game this evening, members of the team posed for a picture with a rainbow behind them. Shannon Whitcombe, who took the picture, titled it, "Pot of Gold at the End of the Rainbow."

Submitted by Jeff Whitcombe.

City announcement:

On June 26th the City of Batavia Police Department joined by the Genesee County Drug Task Force, Genesee County Sheriff’s Office, Genesee County Probation and New York State Police participated in a series of neighborhood enforcement details. The purpose of these details was to systematically approach known problem areas within the City and target criminal activity.

The benefits of participating in the joint operation are to provide continual support amongst the agencies, increase familiarity with working with each other, thereby enhancing the ability to curb criminal actvity.

Sixteen law enforcement personnel from four different agencies were partnered in a focused enforcement detail of eight separate locations in the central and south sides of the City. Due to ongoing investigations the exact locations are not being disclosed at this time. This approach to neighborhood sweeps/enforcement was identified in the City’s Strategic Plan with the goal of providing additional resources to focus on quality-of-life concerns for City residents. The following are preliminary results of this year’s first detail:

• 59 data runs
• 19 traffic stops
• 16 probation visits
• 5 traffic citations issued
• 3 drug-related arrests, including marijuana and crack cocaine
• 1 parole violation
• 1 probation violation
• 1 drug court violation
• 1 disturbance call, 2 suspicious activity calls and 1 foot pursuit

Batavia Police Chief Shawn Heubusch said “The City of Batavia Police Department is grateful for the assistance provided by the other participating agencies during this special detail. The residents of this City should know that every resource is being utilized to its fullest extent to weed out criminal activity within their neighborhoods. No one should have to feel oppressed in their own home or on their own street; therefore the Police Department is committed to using whatever resources are necessary to curb illegal activity.”

Genesee County Sheriff Gary Maha added “This is a fine example of corporation between the Genesee County Sheriff's Office, City of Batavia Police and other law enforcement agencies to improve the quality of life within our community.  We must continue to pool our law enforcement resources to meet citizen expectations and to benefit the taxpayer."

Major Michael J. Cerretto, Troop A commander, New York State Police, continued by stating "In these days of fiscal restraint, it is very important that police agencies work together. The success of this community-policing initiative in the City of Batavia shows how important this cooperation is to the citizens of Genesee County. The relationship between the Batavia PD, the Genesee County Sheriff's Office and the State Police has never been better."

Neighborhood Sweeps/Enforcement Details were outlined in the City’s Strategic Plan as part of the City’s Neighborhood Revitalization efforts. They include dedicated patrols for targeted enforcement with the goal of intercepting and interrupting the flow of illegal drugs, weapons and other contraband as well as locating and arresting wanted persons. All agencies involved expect to continue joint law enforcement efforts in the future. These details are not advertised prior to taking place and locations are selected based on criminal data, the presence of nuisance and illegal behavior and ongoing investigations.

If you see criminal activity or know about a crime that has occurred please contact the Batavia Police Department at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Funeral services for Deputy Frank Bordonaro will be at 10:30 a.m., Saturday, at Our Lady of Mercy Parish, St. Joseph's Oratory, 27 Lake St., Le Roy.

Bordonaro, a 19-year veteran of the Genesee County Sheriff's Office, died unexpectedly at home some time Tuesday afternoon.

The 44-year-old Bordonaro is survived by his wife, Robin Radwich Bordonaro, his sons, Bryce and Chase, his parents, Lawrence and Arlene, of Batavia.

Family and friends may call on Friday from noon to 3 p.m. and 6 to 9 p.m. at the Falcone Family Funeral & Cremation Service, Inc., 8700 Lake Road, Le Roy.

From his obituary:

He will be remembered as a very caring and compassionate man, who put his family and community first. He was very involved with all aspects of his sons’ participation in school and community sports programs.

Four weeks ago, we put up a request for people to join The Batavian Club and got a good response. We're about to send out a batch of membership kits and want to give you a chance to join before we do.

Reader support is critically important to us. We appreciate your membership.

Membership is important because:

• It provides another avenue to support local businesses (you get more than $300 in gift certificates to local businesses);
• It's a way for The Batavian to reward our loyal readers;
• The financial support helps us sustain our community news coverage of Genesee County.

So many people every day tell me how much they love The Batavian. All we're asking is for those loyal fans to make a small financial contribution to help support and sustain our news coverage and in exchange we'll send you valuable gift certificates that far exceed the price of the membership.

TO JOIN: Use PayPal buttons below, or to pay by check (annual only) or credit card, click here to download form; Or call (585) 250-4118 to pay by credit card.

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Press release:

Congressman Chris Collins (NY-27) today questioned Environmental Protection Agency (EPA) Deputy Administrator, Honorable Robert W. Perciasepe, at a Science, Space, and Technology Committee hearing on the EPA’s overreaching rule proposal entitled “Definition of the ‘Waters of the United States’ Under the Clean Water Act.”

“The problem is the public doesn't trust the EPA, farmers don't trust the EPA not to overreach, Congress doesn't trust the EPA,” said Congressman Collins during today’s hearing.

“Deputy Administrator Perciasepe and the EPA fail to recognize that their agency’s overreach is causing real harm for farmers and stalling business development across our country,” Congressman Collins said. “When I visit with farmers in my district, the heavy burdens under the Clean Water Act come up each and every time. When the bureaucrats at the EPA decide to call a divot in the ground that fills with rain a ‘navigable waterway’ under the CWA, we know our federal government has run amuck. The fact that the EPA and U.S. Army Corp of Engineers are now looking to formally broaden the definition of ‘navigable waters’ is an insult to hard working farmers all across this country.”

Batavia's annual basketball camp opened this week with sessions at Batavia Middle School and John Kennedy School.

Conducted by Batavia High School head Coach Buddy Brasky and assistants, the camp provides instruction ball handling, shooting, defense and game-play situations, among other skills.

There were sessions today for high school boys at the middle school and younger players at JK. Tomorrow, the girls will have camp day.

The camp runs through Aug. 15.

The following arrests were reported by the Sheriff's Office in connection with the Vans Warped Tour on Tuesday at Darien Lake Performing Arts Center.

Kayla M. Cihak, 18, York Street, Olean, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Kristen M. Kwitowski, 19, of Morning Sun Court, Erie, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Hayden J. Cypressi, 18 of Pine Terrace, Macedon, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

There were also three individuals cited for alleged possession or consumption of alcohol under age 21.

NOTE: The Sheriff's Office has decided to not include the names of people receiving underage citations in their concert press releases this season.

UPDATE: Right after posting this, we received a revised press release from the Sheriff's Office with three additional arrests listed.

A 16-year-old resident  of Swamp Road, Byron, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Nickolas C. K. Mancuso, 18, of Redleaf Drive, Chili, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Matthew C. Sofia, 18 of Pemberton Road, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.