news

John Vincent Winecki, 23, of Buffalo Street, Alexander, is charged with DWI, driving with a BAC of .18 or greater and stopping/parking on highway. Winecki was arrested by Deputy Chad Cummings following an investigation into what was reported as a motor-vehicle accident at 3:37 a.m., Sunday, on Route 98 near the American Legion Hall. (Initial Report)

Ashley Michaela Stewart, 19, of E. 227 St., Bronx, is charged with second-degree assault. Stewart allegedly struck a female in the head with an iron while in a dorm room at College Village. The victim was injured. Stewart was released under supervision of Genesee Justice.

Benjamin G. Evans IV, 27, of State Street, Batavia, is charged with trespass. Evans allegedly entered the Dollar General Store after previously being banned from the premises.

Ryo Hiroshige, 21, of North Spruce Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Hiroshige was allegedly involved in a domestic incident. He was jailed on $5,000 bail.

Carissa J. Visalli, 26, of North Lyon Street, Batavia, was arrested on a warrant related to a charge of improper parking at night. Visalli turned herself in, posted $100 bail and was released.

William P. Langdon Jr., 34, of Keever Avenue, Lackwanna, is charged with DWI, moving from lane unsafely, failure to use designated lane and following too closely. Officer Arick Perkins was dispatched to Walnut Street, Batavia, at 8:37 p.m. Feb. 15 for the report of an erratic driver. A 2002 Pontiac Montana was located and stopped. Langdon was taken into custody and allegedly refused a breath test. He was jailed on $2,500 bail.

Joseph M. Durzewski, 22, of North Street, Batavia, is charged with driving while impaired by alcohol. Durzewski was stopped at 3:22 a.m. Feb. 12 on Law Street, by Officer Matthew Wojtaszczyk.

A 17-year-old resident of Batavia is charged with criminal mischief and unlawful possession of marijuana. The youth allegedly punched through a glass window at 1 City Centre, Batavia. He was jailed on $1,000 bail (name withheld by Batavia PD).

Anthony Devon Alexander, 42, of South Main Street, Batavia, is charged with aggravated family offense (more than one offense within five years), criminal contempt, 2nd, criminal trespass, 2nd. Alexander allegedly went to the home of a person he was barred from contacting by court order and stayed and refused to leave the residence at 2:05 p.m. Sunday. Alexander was jailed on $5,000 bail.

Jacob Robert Kingdollar, 20, of West Leet Road, Albion, is charged with unlawful possession of marijuana. Kingdollar was allegedly found in possession of marijuana by Deputy Kevin Forsyth while at Bunnel Park, Town of Le Roy, at 6:30 p.m. on Sunday.

A motor-vehicle is reported at  8960 Alexander Road, Batavia, with unknown injuries, though a person may be having a seizure.

Town of Batavia fire and Mercy EMS in route.

The location is in front of the American Legion Hall.

UPDATE 4:02 a.m.: The vehicle is blocking. There's no medical issue. Mercy EMS is going back in service.

UPDATE 4:03 a.m.: A deputy is conducting a field test.

A group of Marine recruits about to enter boot camp were given some tips and pointers that will help them survive the grueling weeks at Parris Island, S.C.. The NCOs from the Batavia recruitment office conduct the basic training course the third Saturday of each month for new recruits. Potential recruits are invited to attend and observe and can participate in some drills, but can't fully participate until they pass their military physical. The training covers such basics as standing at attention, parade rest and turning, as well as classes and lectures on Marine life and history.

The local staff includes SSgt. Stephen Porter, Sgt. Joseph Dazey, Sgt. Derek Yevtich and Sgt. Matthew Page. 

Above, Sydney Reilly gives a cookie baking demonstration during Genesee County 4-H Club's annual public presentation day at Byron-Bergen High School. 

At the event, students ages 5 to 18  give presentations in front of their peers and a panel of volunteer judges.

Presentations include everything from illustrated talks using posters, PowerPoint slideshows, to live demonstrations and even impromptu topics.

The event is designed to help students improve their public speaking skills while developing self-confidence, poise, self-esteem, stage presence and knowledge.

Sydney's judges were Bob and Ester Leadley.

Below, Clare Mathes during her presentation and then talking with judges Denise Chatt and Karleigh Chatt. Also presenting, Teegan Mathes.

A motor-vehicle accident, unknown injuries, is reported on front of the Home Depot at 4181 Veterans Memorial Drive. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 11:38 a.m.: The town's assignment is back in service.

A driver who was being followed by police in the city allegedly sped up and tried to evade officers somewhere off East Avenue, then stopped his vehicle and fled on foot. The driver is believed to have an expired driving permit only, not a license. He was driving a white vehicle with a broken bumper when a caller reported him to dispatch. Also, the person was the subject earlier today of a harassment complaint.

Press release:

Genesee County Treasurer Scott D. German announced today that he will be seeking a fourth term as County Treasurer in this November’s election.

German is in his 23rd year in the office, the last 12 of which have been as Treasurer. Among the many accomplishments of the Treasurer’s Office is the extremely successful 2010 refinancing of county debt, which saved Genesee County taxpayers more than $1,000,000 in interest expense over six years. Another highlight of German’s tenure is the successful office merger with Real Property. Merging operations with the Real Property Department has allowed for the sharing of resources, which in turn has saved county taxpayers money.

As Treasurer, German is the chief fiscal officer and tax enforcement officer for the County. Among a wide range of responsibilities as County Treasurer, German is responsible for the safeguarding of all county monies, the processing of county payroll, the processing of vendor payments, collection of delinquent taxes, tax foreclosures, maintaining the accounting records, overseeing of the independent audit and working with state and federal auditors.

German hopes the voters of Genesee County return him to office this November so he can continue serving the people of this fine county.

German holds a bachelor’s degree in Business Management with a concentration in Finance from the State University of New York, College at Brockport. German is a past president (2012) of the New York State County Treasurers and Finance Officers Association and currently serves as one of two New York State delegates to the National Association of County Collectors, Treasurers & Finance Officers. He is also a member of the 2004 class of Leadership Genesee. German is a lifelong resident of Genesee County.

Press release:

Undersheriff William A. Sheron Jr., who recently announced his intention to seek the Republican endorsement for this fall’s election to Genesee County Sheriff, announced today that Sergeant Gregory H. Walker will join him as his Undersheriff.

Walker, 50, has more than 30 years of law enforcement experience, serving two years with the Attica Police Department before joining the Genesee County Sheriff’ s Office in October 1987. Over the course of his 28-year career with the Sheriff’s Office, Walker has served in the ranks of Deputy Sheriff-Road Patrol, Investigator, Sergeant-Road Patrol and his current position of Sergeant-Criminal Investigation Division.

Sergeant Walker is a graduate of the Monroe Community College Public Safety Training Academy-Basic Course for Police Officers, New York State Municipal Police Training Council on Police Supervision Course, United States Drug Enforcement Agency Drug Law Enforcement Course, New York State Division of Criminal Justice Field Training Officer, New York State Division of Criminal Justice Services General Topics Instructor, the International Association of Chiefs of Police/National Highway Traffic Safety Association Drug Recognition Expert Instructor and the F.B.I. National Academy in Quantico, Va.

Walker became the first certified Drug Recognition Expert (DRE) in Genesee County and now serves as one of the lead instructors for the DRE program in New York State. He is also a Field Training Officer, Field Training Supervisor, Standardized Field Sobriety Tests Instructor, Advanced Roadside Impaired Driving Enforcement Instructor, Domestic Violence Resource Officer and Drug Impairment for Educational Professionals Instructor.

Over his career Walker has received numerous departmental awards including Officer of the Year in 1990; Meritorious Service in 1989, 1991, 1992, 1995, 2003, 2008, 2012; Commendation awards in 1992, 1994 and 2013; and Kiwanis Club Officer of the Year in 1991.

Sergeant Walker currently serves on the New York State Drug Recognition Expert (DRE) Technical Advisory Panel (TAP) and is a regional coordinator for the DRE program. Walker is an active member of the Le Roy Republican Committee.

Sergeant Walker is a resident of the Town of Le Roy. He is a graduate of Attica Central School and Genesee Community College with a degree in Criminal Justice. He and his wife, Michele, are parents to a family of five children and one grandchild.

“I could not ask for a better person to join me as my Undersheriff. Greg is an outstanding individual of the utmost integrity who is extremely well respected amongst the law enforcement community. Together we possess nearly 50 years of law enforcement administrative and supervisory experience, which is crucial in directing the operations of the Sheriff’s Office,” said Undersheriff Sheron.

Keith C. Michels, 38, of Alden, is charged with DWI and uninspected motor vehicle. With a state Trooper parked nearby and watching, Michels was observed doing donuts in the parking lot of the Alexander Fire Department on Route 98, Alexander. Upon further investigation, the Trooper allegedly observed that the vehicle did not have a current inspection sticker and the Trooper reported detecting the odor of alcohol emanating from Michels. Michels was transported to the Batavia Barracks of the State Police where he was allegedly found to have a BAC of .13.

Ian RIchard Eli Tarbell Sr., 43, of State Route 37, Hogansburg, is charged with transport and sale of 4,800 cartons of untaxed cigarettes, failure to keep right and moving from lane unsafely. Tarbell was stopped at 8:42 a.m. Thursday on Route 77, Pembroke, by Deputy Lonnie Nati. Tarbell was jailed on $100,000 bail.

James Francis Scharf, 50, of Walker Lake Ontario Road, Hilton, is charged with second-degree criminal contempt and trespass. Scharf was arrested on a warrant issued by Oakfield Town Court and jailed on $2,500 bail.

Andrew Charles Webster, 22, of Gilette Road, Alexander, is charged with petit larceny. Webster was arrested on a warrant. He was jailed on $2,000 bail or $4,000 bond.

With freezing wind chills expected, the Batavia Warming Center will be open for women and children.

Transportation is available by calling (585) 993-6371 by 8:30 p.m. Arrangements will be made to pick up those going to the shelter at either McDonald's in Batavia.

The National Weather Service is expecting freezing rain to hit the area tomorrow morning.

An advisory has been issued for 7 a.m. through 1 p.m., Friday.

Untreated roadways are expected to be slick, especially on elevated surfaces such as bridges and overpasses. Travel conditions could be hazardous.

Both drivers and pedestrians should be on the lookout for slick spots on roads and sidewalks. Walking and driving could be difficult.

Frost Ridge Campground owner David Luetticke-Archbell embraces campground manager Janet Whitney — popularly known as “Miss Gabby” — after the joint Le Roy Zoning Board of Appeals issued a decision in favor of the campground Wednesday night.

The long battle is over, and won, for Frost Ridge Campground.

The Le Roy Zoning Board of Appeals on Wednesday ruled in favor of Frost Ridge, finding it a prior nonconforming use. The ZBA determined that “ambiguity” in the town zoning law, leaves room for camping and “attendant recreational activities” including live concerts.

That brings to an apparent close, a three-year legal battle over the Conlon Road facility.

Frost Ridge owner David Lueticke-Archbell was visibly relieved after ZBA Chairperson Debbi Jackett read the decision during a brief meeting in Town Court.

“Wow,” Lueticke-Archbell said. “Wow.”

“I’m so thankful that (the ZBA) took the proper time to really research it and come up with a decision that fit with what was legally right,” he said.

The Frost Ridge site has been used as a campground for decades. David and Greg Luetticke-Archbell have owned the the property since 2008, and have been hosting outdoor concerts there since 2012.

In 2013, the ZBA determined that the concerts are allowable under town zoning law. That decision prompted court challenges by neighbors and the Town of Le Roy. Last April, Supreme Court Judge Robert Noonan invalidated the ZBA’s ruling on technical grounds, and ordered a new public hearing.

That hearing was finally held on Dec. 17, 2015. After 90 minutes of testimony, Jackett said the ZBA would issue its ruling within the legally allowable 62 days — a deadline met on Wednesday.

David Luetticke-Archbell described the experience as a “roller coaster.”

“It’s been difficult,” he said. “The main thing, for me, is I felt like we haven’t been able to service our guests well during this time — not as well as we normally would.”

For Luetticke-Archbell, Wednesday marked the end of one chapter, and the start of another.

“For the legal stuff, this should be the end of the road,” he said. “And, God willing, that will offer some opportunities that we can do this in a way everybody can be happy with.”

Luetticke-Archbell said he would work with his attorney, to make sure the campground runs “by the book.”

“This is about people going on vacation and enjoying themselves,” he said. “We want to make sure everything we do is within the confines of what is allowable.”

Town Supervisor Stephen Barbeau has said the Town Board would abide by a ZBA determination that follows a formal application and public hearing. Wednesday night, he said the Town Board will not be discussing the ZBA ruling.

Neighbors who might disagree with Wednesday’s ruling, are however free to challenge it in court, he said.

About 20 people attended Wednesday’s meeting, many of them Frost Ridge supporters who applauded after Jackett spoke.

The meeting was scheduled for 7:30 p.m., and was officially adjourned at 7:38 p.m. Board members did not accept questions.

———

The ZBA ruling is an interpretation of two sections of town zoning law: Section 165-13, “Nonconforming uses, lots and structures”; and Section 165-39(B), which regards campsites. The following, is a partial transcript of the ruling as read by Chairperson Debbi Jackett:

We, the Le Roy joint Zoning Board of Appeals, conducted a hearing on Dec. 17, 2015, at 7:30 p.m. at the Le Roy Town Hall … The purpose of the hearing was in response to the application for interpretation filed by David Luetticke-Archbell as agent of applicant Frost Ridge Campground LLC, located at 8101 Conlon Rd. in the Town of Le Roy, N.Y. …

The application particularly requested an interpretation of whether zoning code of the Town of Le Roy allows for camping and attendant recreational activities including live and recorded amplified music, concerts and limited food service at the property as a prior, nonconforming use under Section 165-13 and, or likewise, as an exempt campground under Section 165-39(B)

The board notes this application is the first written request furnished by the applicant to this board.

We find that sections 165-13 and 165-39(B) of the zoning code of the Town of Le Roy, have ambiguity regarding the activities of the applicant on the property. We therefore interpret the zoning code of the Town of Le Roy does allow for camping and attendant recreational activities including live and recorded amplified music, concerts and limited food service at the property and is a prior nonconforming use under the aforementioned sections. We further direct that the complete written decision be field in the office of the the Town Clerk within five business days.

Dannie Sims, 60, of Church Street, Basom, is charged with fourth-degree grand larceny. He was arrested at 1:56 p.m. on Feb. 10 after it was alleged that he stole a wallet from a female at Walmart. It contained cash and credit cards. He was arraigned in Town of Batavia Court and jailed without bail. The case was investigated by Deputy Chad Minuto, assisted by Deputy Joseph Corona.

Nathan A. Buchholz, 37, of Albion, was arrested by Troopers for fourth-degree criminal mischief after he allegedly struck and broke the glass mirror off a Dodge Ram truck during a custody exchange Feb. 15 in the Town of Batavia. Buchholz was issued an appearance ticket returnable to the Town of Batavia Court on March 3.

Stephen M. Smith, 26, of Mill Street, Batavia, is a registered NYS Level 2 sex offender who was charged with failure to report a change in 10 days, first offense, on Jan. 11. Following a joint investigation between the Batavia PD and NYS Parole, it is alleged that Smith had an active Facebook account that he had not registered with the Sex Offender Registry within the required 10-day reporting period. He was already in jail on a parole violation. He was being held on $50,000 and was due to appear in court this afternoon. The case was investigated by Batavia Police Officer Eric Hill.

A 16-year-old resident of Boyd Road, Pavilion, was arrested Feb. 15 at 2:53 p.m. and charged with petit larceny. This followed the investigation of a shoplifting complaint on Veterans Memorial Drive, Batavia. The teen allegedly stole merchandise from a department store by passing all points of purchase without rendering payment. The defendant was issued an appearance ticket for Town of Batavia Court. The case was investigated by Deputy Rachel Diehl, assisted by Deputy Jason Saile.

A 17-year-old resident of Boyd Road, Pavilion, was arrested Feb. 15 at 2:53 p.m. and charged with petit larceny. This followed the investigation of a shoplifting complaint on Veterans Memorial Drive, Batavia. The teen allegedly stole merchandise from a department store by passing all points of purchase without rendering payment. The defendant was issued an appearance ticket for Town of Batavia Court. The case was investigated by Deputy Rachel Diehl, assisted by Deputy Jason Saile.

A 17-year-old resident of Tower Road, Wyoming, was arrested Feb. 15 at 2:54 p.m. and charged with petit larceny. This followed the investigation of a shoplifting complaint on Veterans Memorial Drive, Batavia. The teen allegedly stole merchandise from a department store by passing all points of purchase without rendering payment. The defendant was issued an appearance ticket for Town of Batavia Court. The case was investigated by Deputy Rachel Diehl, assisted by Deputy Jason Saile.

The Elba Central School Drama Club is presenting performances of "The Sound of Music" this weekend. These photos are from yesterday's rehearsal.

Performances are at 7 p.m., Friday, and 2 & 7 p.m., Saturday in the ECS Auditorium. Tickets are $8 for adults and $6 for students and seniors. Tickets are available at the district office and at Roxy's Music Store.

Appropriate to the recent celebration of WBTA's 75th Anniversary, C.M. Barons sends us this photo of the old WBTA building off of Alva Place, Batavia.

Next winter, you might be able to play outdoor hockey, or just ice skate, at the Dewitt Recreation Area on Cedar Street in Batavia.

The plan for the county park has always included the idea of installing an outdoor ice rink at the park, but the construction has never been funded.

At yesterday's Public Service Committee meeting of the County Legislature, Highway Superintended Tim Hens said the Oakfield-Alabama Central School District is ready to donate an outdoor ice rink to the county.

The district purchased the rink some years ago with grant money, and though it proved popular when put into use, hasn't been used in recent years and the district doesn't plan to put it to use in the future.

The rink comes with 50 pairs of ice skates.

The committee agreed by consensus to allow Hens to accept the donation on behalf of the county.

The rink will likely be installed in the depression area in the middle of the walking path at the front of the park, which is the area originally designed to eventually contain a rink.

County Building #2 got some water damage Monday, but the situation could have been worse if a member of the county's IT staff hadn't showed up for work that day -- President's Day -- to put in some overtime on a work project.

On a day of single-digit temperatures, a pipe froze and then burst, causing flooding throughout about 50 percent of the building.

If not for that employee, County Manager Jay Gsell said, the flooding wouldn't have been discovered until staff showed up for regular work hours on Tuesday morning.

The water spread through the building as just a thin layer, pooling in areas of floor depressions, and had to be squeegeed out. About 18 members of the Town of Batavia Fire Department turned out for the job.

Gsell said that volunteer effort was a big help in building cleanup.

However, there are storage shelves -- mostly belonging to history department -- with water still standing under them.

Highway Superintendent Tim Hens said contractors from ServePro will provide an estimate to finish the drying out process. He estimated the bid will be from $20,000 to $40,000 and he asked the Public Service Committee yesterday to authorize the contract on an emergency basis.

He expected the building's heaters to be running full force overnight to help dry out the building.

While no historical records or artifacts were damaged in the flooding, continued moisture is a threat to records and if it gets into the walls it could lead to mold and mildew problems.

There was flooding under the false floor in the county's server room, but all of the cables and connectors are encased in waterproof coverings so no equipment was damaged.

Genesee County is set to make new vehicle purchases for the Highway Department and Sheriff's Office after the Public Service Committee recommended approval Tuesday of the proposals.

At its next full meeting, the County Legislature is expected to approve purchase of:

• An asphalt paver from Ilton CAT, 4610 E. Saile Drive, Batavia, for a total amount not to exceed $169,900;
• A 2017 Model GU713 Mack cab and chassis, in conformance to Onondaga County bid specifications, from Beam Mack Sales, Rochester, in a amount not to exceed $156,743.37;
• Five 2016 SUV law enforcement vehicles from Van Bortel Ford, for a total purchase price of $113,955, including trade-in on four 2013 Ford sedan interceptors and a 2009 Chevy Impala.

The committee also recommend approval of five vehicles being declared surplus and sold at auction. The vehicles are a 2009 Ford Focus, a 2008 Jeep and three 2009 Chevy Impalas.

Submitted photo: Sheriff Gary Maha of Genesee County, center, proudly displays the Sheriff Grover Cleveland Award. He is only the fifth Sheriff to receive this prestigious statewide award. Sheriff James Voutour of Niagara County, left, and Sheriff Ron Spike of Yates County made the presentation on behalf of the Sheriffs’ Institute.

Press release:

Sheriff Gary Maha of Genesee County has received the New York State Sheriffs’ Association Institute's most prestigious award, the Sheriff Grover Cleveland Award.

On only five occasions has the Sheriffs’ Institute leadership presented the highest honor that can be given a sitting New York State Sheriff -- the Sheriff Grover Cleveland Award.

The previous winners – in order – are Sheriff James Bowen, Saratoga County, Sheriff John York, Livingston County, Sheriff Kevin Walsh, Onondaga County and Yates County Sheriff Ron Spike. (All but Sheriff Spike are retired.) Between those four men, they have served almost 125 years in the Office of Sheriff. When you add Sheriff Maha’s tenure as Sheriff the total jumps to over 150 years in the Office of Sheriff.

Maha became a Genesee County Deputy Sheriff in 1967. Two years later he was promoted to Senior Investigator. In 1977, he was promoted to Chief Deputy in charge of criminal investigations. In January of 1988, he was appointed interim Sheriff. He has since been elected to seven terms as Sheriff.

His accomplishments and contributions to public safety are not limited to Genesee County. Sheriff Maha has been very active in both state and national issues dealing with public safety.

On the local level particularly noticeable contributions under Sheriff Maha’s tenure has been the implementation of the state-of-the-art Enhanced 9-1-1 Emergency Communications Center, the very effective joint drug task force with the City of Batavia and Village of Le Roy police departments and the positive culture of cooperation that has been built amongst all the county law enforcement agencies and law enforcement officers working in Genesee County.

Sheriff Maha is a past president of the New York State Sheriffs’ Association and currently serves as chairman of that organization’s Executive Committee. Governors from both parties have appointed him to criminal justice committee’s and councils including the Law Enforcement Accreditation Council, New York State Interoperable & Emergency Communications Board and the New York State Committee on Counter Terrorism.

On the national level Sheriff Maha is very active with the National Sheriffs’ Association. He serves as vice-chair of the National Sheriffs’ Criminal Justice Information/Technology Committee and is a member of the organization’s Homeland Security Committee.

Sheriff Maha is a graduate of the FBI National Academy in Quantico, Va. He holds an associates degree in Political Science and bachelor’s degree in Criminal Justice.

“Sheriff Gary Maha, who is the state’s longest-tenured Sheriff, is known not only in New York State, but at the national level as a 'Sheriff's Sheriff', said Sheriff Ron Spike, Yates County, upon presenting the Sheriff Grover Cleveland Award to Sheriff Maha.

(Maha announced last month that he will not seek reelection when his term expires Dec. 31, ending his 27-year run as Genesee County's top cop.)

At least a foot of snow has fallen in parts of Genesee County, and in some places more, according to various weather reports. And it's still coming down. Slow and persistant.

Above, Steve Ognibene clears his driveway.

Kibbe Park.

The tracks along the side of the Harvester Center.

William Morgan, Batavia Cemetery.

Harvester Avenue.

Landon Coles and Rebecca Salvaterra clearing snow on East Avenue.