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Improv duo performs at Richmond Memorial Library

By Howard B. Owens

Children who came to the Richmond Memorial Library this morning had a chance to be entertained by and learn about improvisational acting.

Karen L. Eichler and Andrew M. Spragge, of Defiant Monkey Improv, told the children (and parents) about improv and performed skits. 

Above, Eichler, playing Billie Bob Horton, squirts a security guard for Billy Bob Thornton with a water pistol while trying to gain access to the actor's mansion. The scenario and scenes were suggested by the audience.

In the final skit, Eichler and Spragge were assisted by Jean Berry and Gina Bergman. Eichler and Spragge couldn't move their bodies on their own. Berry and Bergman had to manipulate their hands, arms, legs and heads appropriate to the dialogue, or at times initiating movements that drove the dialogue. In this scene Eichler is Spock and Spragge is Capt. Kirk and they've just encountered a one-eyed monster that apparently communicates through clicks.

Frost Ridge, complying with court order, announces change of venue for June 7 show

By Howard B. Owens

Press release:

Jam At The Ridge Presents: Josh Thompson In Concert - Performance Location Change

As you may know, a preliminary injunction has been issued against amplified outdoor concerts at Frost Ridge at this time. To fully comply with the court order and meet our commitment to our guests, the Josh Thompson Concert scheduled for June 7th, 2014 at 5 p.m. (gates open at 4 p.m.) is being moved to:

    J W Jones Hall

    366 Leicester Road
    Caledonia, NY 14423

    Maps:  Google   Bing

The firefighters of Caledonia have been very gracious to provide this space and we thank them from the bottom of our hearts. This location is only 14 minutes from camp and is easy to find. If you have any trouble, please come to camp and get a map.

Ticket-holders, please go directly to the venue at the address above.

Campers, please register at the campground and take the FREE shuttle to the venue.

Thank you to everyone who has helped us keep the music alive at The Ridge.

ADDITIONALLY: The attorneys involved in the two lawsuits over Frost Ridge met in conference Friday in the chambers of Judge Robert C. Noonan. The meeting was primarily to go over the calendar of motions and appearances in the case, but attorney Karl Essler was introduced as legal counsel for the Zoning Board of Appeals. Somehow, the ZBA, which has consistently found that Frost Ridge is a legal nonconforming use within the Town of Le Roy's zoning laws, was not notified it was a party to one of the lawsuits. The ZBA was not represented at a hearing that proceeded Noonan's ruling on the current injunction against amplified music and alcohol service at Frost Ridge. David Roach, attorney for Frost Ridge, said Essler will be permitted to file a written argument in the case without opposition from the plantiff's counsel. It's unclear how the additional information might or might not lead to a modification of Noonan's ruling. No date was announced for the next court proceeding.

Car hits tree in Bergen

By Howard B. Owens

A has hit a tree in the area of 39 North Lake Ave., Village of Bergen. Unknown injuries. 

Bergen fire and ambulance, and Mercy EMS responding. 

UPDATE 2:42 a.m.: Assignment being held to a single Bergen engine.

Photo: Suspected shoplifter taken into custody

By Howard B. Owens

Batavia PD tracked down a suspected shoplifter from Tops a short time ago behind Falleti Ice Arena. The suspect, whose name has not yet been released, was found riding his bicycle with the alleged stolen merchandise -- a 30-pack of Budweiser -- strapped to the back.

Picketers outside Planned Parenthood say they're there to spread truth

By Howard B. Owens

Three Christians from Genesee County were carrying signs in front of the Planned Parenthood facility on West Main Street, Batavia, this afternoon.

Chris Connelly said the trio felt led by the Lord to inform people about abortion and what they believe goes on at the facility. He said the group has been at the location every day since Friday and will continue as long as they feel God is calling them to the mission.

"We need to expose sin and call it for what it is," Connelly said. "We're out here to let people know, not condemning them. We're out there to let them know -- people who have had the procedure -- that like any other sin it can be forgiven. It can be washed by the blood of Christ, but they need to turn from that. They need to know there are other options."

He said what they're doing is about truth and love.

"We're commanded to love people," Connelly said. "There cannot be love without truth."

Mona Doyon (left in the picture) said anybody who needs help can come to them and be provided with help toward options other than abortion.

"For anybody who has had it, we don't want to cast stones," she said. "We're not here to judge anybody.  We just want to bring truth and maybe help them. We don't want anybody at all to think we're out here being angry, protesting, or anything. We just want to bring the truth."

Also pictured, Alexis Logsdon.

CLARIFICATION: Connelly says they were out last Friday and will be there on Fridays (not every day) for as long as they feel led to be present.

Photos: Flag draped across West Main to honor Iraq War vet James Carney

By Howard B. Owens

Iraq War veteran James Carney was laid to rest today with military honors, including a giant American flag hung across West Main Street Road by the ladder trucks from City of Batavia and Town of Batavia.

Carney died unexpectedly at age 27. He was being treated for PTSD but was said to be rebuilding his life in Boston at the time of his death.

Funeral arrangements by Michael S. Tomaszewski Funeral & Cremation Chapel (full obituary).

Previously: Family dealing with unexpected death of veteran who was overcoming post-war struggles

Houseknecht brothers buy back family's former vending company business

By Howard B. Owens

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.

Molino announces two prestigious awards for the city and for a firefighter

By Howard B. Owens

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.

Collins lauds selection of Pembroke for location of new veterans cemetery

By Howard B. Owens

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 changes locations, updates and upgrades its tanning beds

By Howard B. Owens

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.

Photo: Caravan of antique vehicles passes through Batavia on way to auto show

By Howard B. Owens

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 zoning board stands by decision allowing music at Frost Ridge, chair says

By Howard B. Owens

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.

Law and Order: Man accused of giving fake name to police during investigation

By Howard B. Owens

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.

Grand Jury files indictment in case of shots fired on State Street in September

By Howard B. Owens

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.

Brothers proud of their rat rod pickup trucks

By Howard B. Owens

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."

Cat owner looking for lost orange tabby

By Howard B. Owens

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.

Photos: State Police honor their fallen in ceremony at Batavia Barracks

By Howard B. Owens

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.

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