batavia

A bit of snow started mid-morning giving Batavia a little dusting over grass, on tree limbs and the hoods of cars. The light snow fall is expected to continue through the afternoon with an accumulation by 5:30 p.m. of about an inch. The forecast for tomorrow is partly cloudy with a high of 39 degrees.

The Sheriff's Office has announced two arrests in connection with an incident Nov. 10 that led deputies and troopers responding to a house on Asbury Road, Le Roy, with lights and sirens after dispatchers were told a shot had been fired.

Steven A. Myers, 46, of Asbury Road, Le Roy, is charged with criminal mischief, 3rd, for allegedly shooting the phone of 17-year-old Brandon N. Benz, of Clinton Street Road, Batavia.

Myers reportedly came home and discovered Benz at the Asbury Road residence. He is accused of shooting a phone belonging to Benz.

Benz has been charged with sexual abuse, 2nd, and endangering the welfare of a child, both misdemeanors.

Nobody was injured in the incident.

The case was investigated by Deputy Bradley Mazur, Deputy Brian Thompson, Trooper Paula Caton and Investigator Roger Stone.

A business owner at 13 Mill St. called Batavia police after spotting four teens tipping over barrels on his property at 11 Mill St. Some property may have been stolen. The four white males are wearing blue coats and took off running toward the bridge on Walnut Street. Patrols are now searching the Walnut Street area.

When you do your holiday shopping at a locally owned store, not only will you find unique and special gifts, more of your dollars will stay in the local community and do the most good.

Local shop owners are the people who do the most to support your community, from volunteering for local organizations to donating to local charities. Strong communities have strong local business communities, and the more we support our local businesses, the more our local economy will grow.

I stopped in on three local businesses today just to get three pictures of local people in local shops as a reminder to shop locally this holiday season.

Above are Mary Valle and Carrie Lawrence of Valle Jewelers.

John Roche, Adam Miller Toy and Bicycles

Don Brown of Charles Men's Shop

Photo and info submitted by Rachel Chudoba:

Civilians of the NYS Police Headquarters in Batavia raised money in awareness of October as "Domestic Violence Awareness Month." They worked all year raising money from Dress Down Day, selling purple ribbons, drawings and luncheons.

They raised $500 to donate to Path Stone Corporation's Domestic Violence Services program. A brunch was served and check was presented to Path Stone.

Pictured from left are: Tina Zack, Teresa Ferris, Kelly Peruzzini, Margie from Path Stone, Dianna Bogue and Rachel Chudoba.

Leaha Rae Anne Wimmer, 20, of an undisclosed address in Darien, is charged with criminal possession of a forged instrument, 2nd. Wimmer is accused of using a forged/stolen check. She was jailed on $10,000 bail.

Brandon Nicholas Benz, 17, of Clinton Street Road, Batavia, is charged with harassment, 2nd. Benz is accused of pushing and shoving another person.

Joseph Anthony Mogavero, 19, of State Street Road, Batavia, is charged with unlawful possession of marijuana and possession/consumption of alcohol under age 21. Mogavero was arrested Saturday after Deputy Patrick Reeves was dispatched to Route 238 in Alexander for investigation of a suspicious vehicle off the roadway. Also charged with possession/consumption of alcohol under age 21 were Sean Patrick Francis Bodkin, 20, of Affinity Lane, Cheektowaga, Matthew Robert Blevins, 20, of Vernon Avenue, Batavia, and Nathan Alexander Demare, 19, of Brigham Road, Ferdonia.

Lucas George Yauchzee, 23, of West Bergen Road, Bergen, is charged with criminal possession of a controlled substance, 7th, and criminal possession of marijuana. Yauchzee's arrest comes after an investigation that began Dec. 26 when law enforcement responded to a report of a domestic incident at his apartment. Yauchzee is accused of possessing marijuana and hydrocodone.

Attention holiday shoppers, tomorrow from 1 to 3 p.m. there's a Black Cat Friday Special offered at the Genesee County Animal Shelter. You get 50-percent off of the cost of adoption, which is regularly $30.

The cat or kitten must be at least 50-percent black to qualify.

The black cat, le chat noir, the elegant Bombay, the parlor panther -- these are symbols of good luck in Great Britain, Ireland and Japan. The Egyptian goddess Bast (or Bastet) was known at the Cat Goddess. Sailors often put a black cat on board ship for luck on the treacherous high seas.

In Western and European cultures, the black cat gets a bad rap and it's the slowest to be adopted. Pshaw! Have a heart, forget that poppycock, and come on down! The shelter is located at 3841 W. Main St. Road in the Town of Batavia.

A $35 deposit will still be required for any animal not spayed or neutered, and this is reimbursable with proof of sterilization. All the felines are current with their vaccines, tested for FeLV/FIV and many are already spayed and neutered.

Bring a carrier for your new friend to go home in.

Sunday morning Bill Cultrara, owner with his wife, Patti, of Delavan's Restaurant at 107 Evans St., Batavia, received a phone call from his cook. He quit. No notice. No reason. No explanation. Nothing. He was done.

The last time that happened about six months ago, Cultrara vowed that if happened again, he would close the restaurant, so Sunday, that's what he did.

By Tuesday afternoon, Tony Mancuso was hanging a "For Rent" sign on the building.

"He (the cook) left us high and dry," Cultrara said.

Patti said another cook quitting was just too much.

"We've been through 16 cooks in five years," Patti said. "That's all we could remember. There's others. We could remember their tattoos but not their names."

The last cook was a good employee, Bill said. He didn't smoke. He didn't gab on his mobile phone. He showed up for work. If he had a problem, he never let Bill know about it, he never offered to discuss it.

Bill said finding good professional cooks who are willing to work is just getting harder and harder.

"The restaurant business is very stressful," Bill said. "You don’t know if you’ve got a cook everyday and people are calling in sick all of the time. I’ve had enough. The stress is off of my shoulders."

Bill has a full-time job with the Sheriff's Office as manager of food services for the jail. Patti already has two new job offers lined up, including working as the Tuesday and Thursday afternoon bartender at the city's newest restaurant, Daphne's. 

He said closing the popular restaurant where he and Patti made so many friends over the years was bittersweet. He hates closing. He's glad to be rid of the stress.

Bill and Patti met at 107 Evans St. when the location was a bar and grill in 1971. Eventually, they owned the business and the building. At one time they thought they would take over Alex's Place, but when that didn't work out, so they reopened Delavan's.

With the restaurant closed for good, Bill said he will still take orders for his popular sausage and they're still selling his famous wing sauce.

So long as Bill keeps the books open on the business, which he plans to do, the variance to run such a business in its residential location will remain valid.

Bill hopes somebody will come along who wants to run a restaurant and bar in the building. Whomever it is, he says, needs to have restaurant experience. He's not going to turn the location over to somebody who he doesn't think can make a go of it.

The person who gets it and is willing to maintain the same "Cheers"-like neighborhood tavern and restaurant ambiance might find a built-in customer base. Delavan's remained very popular with a large group of loyal customers right up until its final day of business, which was Friday.

"It would be good for somebody who came in here and had a lot of energy," Bill said.

NOTE: If you purchased a gift certificate from Delavan's, or received one as a gift, you have until Dec. 31 to redeem it. Mail it to Delavan's at 107 Evans St., Batavia, NY 14020.

But if you purchased a gift certificate from The Batavian in the past 30 days, mail it to our office at 200 E. Main St., Room 5, Batavia, NY 14020. We will refund your purchase price through PayPal.

City crews are just about wrapping up repair work on a water main break on Evans Street that has left only a few area residents without water since about 11:30 a.m.

The break occurred, according to Matt Worth, superintendent of water and sewer, while Batavia firefighters were doing some training involving a nearby fire hydrant.

The water outage was from Evans up to a portion of Maple Street.

Worth said the broken line is about 80 years old.

UPDATE As of about 6:30 p.m., the break was fixed and residents in the area should have normal water pressure restored, according to Worth.

Note: When the grand jury indicts individuals who have not been arrested, the indictments are sealed until the suspects are arrested and arraigned in county court. There have been a spate of recent arrests on sealed indictments. At the request of The Batavian, the District Attorney's Office today released all of the recent sealed indictments that have led to arrests. Some of these arrests have already been reported, but the indictments may contain additional relevant information.

Shawn Lardner is indicted on two counts of of criminal sale of a controlled substance, 3rd. Lardner is accused of selling oxycodone on Dec. 14 at the intersection of Peviner Road and Route 98, Alexander. On Dec. 15, Lardner allegedly sold oxycodone at the same location.

Robert Andreasen is indicted on counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Andreasen is accused of possessing and selling cocaine in the parking lot of Pizza Hut/Dollar General in Batavia on Feb. 4.

Randy Wilmet is indicted on a count of criminal sale of a controlled substance, 4th. Wilmet is accused of selling hydrocodone at a location on Ross Street on May 23.

Tracey Cook is indicted on two counts of criminal sale of a controlled substance, 3rd. Cook is accused of selling hydrocodone at 52 Columbia Ave., Batavia, on April 4 and April 18.

Cody Bush is indicted on a count of criminal sale of a controlled substance, 3rd and two counts of criminal sale of a controlled substance, 4th. Bush is accused of selling oxycontin at a location on North Street, Batavia, on April 19. He is accused of selling hydrocodone at 162 Bank St., Batavia, on May 4, and of selling suboxone at 412 E. Main St., Batavia, on May 17.

Press release:

Join in the holiday spirit at the Annual Christmas in City Centre from 5 to 9 p.m. on Friday, Nov. 30, and from 11 a.m. to 4 p.m. on Saturday, Dec. 1, in the Downtown Batavia City Centre.

On Friday, activities include entertainment by the Batavia Concert Band and a visit with Santa Claus.

On Saturday, visit with Santa Claus, be entertained by Center Stage and see the various animals at the Zoo Mobile.

The Batavia Business Improvement District wants to remind you to "Shop Small and Local" for the holidays. Remember, this Saturday, Nov. 24, is Small Business Saturday.

For more information call 585-344-2518 or visit www.downtownbataviany.com

Tim Horton's is moving forward with plans for a new location in Batavia, on Lewiston Road, near West Main Street Road, and the company cleared another regulatory hurdle Monday night.

The Town of Batavia Zoning Board approved a setback variance for the restaurant building, allowing the structure to be located about 15 feet from the property line.

The current, vacant, building is 10 feet from the property line and the local zoning law requires a 30-foot setback, unless a variance is granted.

The zoning board approved the variance unanimously.

The board also completed a short-form environmental review and found that the one issue to be resolved is what traffic impact a Tim Horton's will have on the already busy intersection of Lewiston and West Main.

A couple of area residents spoke out against the proposed location saying additional traffic will make an already bad intersection all that much more dangerous.

A Department of Transportation traffic study for the proposed site has already been ordered and the town's planning board will take up that issue and any other issues at a public hearing Dec. 5.

Bob Bender, real estate project planner for Tim Horton's, said he doesn't know what the traffic study will show and didn't speculate about any findings.

There would be two ingress and egress points to the proposed location, one off of Lewiston Road and the other off West Main Street. The blueprint shows the West Main driveway in the same location as this tree.

The building will be 1,953 square feet.

A franchise owner for the location will not be announced until the project is approved, Bender said.

If the project is approved, construction would start in March or April.

The Ghost Riders have released a new CD -- 34 songs recorded live from 2008 through 2011 at the annual Stafford Carnival Father's Day Jamboree.

The CD is available at all upcoming Ghost Rider gigs.

For the second year in a row, the crew at High Voltage Tattoo and Piercing is hosting a tattoo and piercing marathon with proceeds benefiting local charities.

This year, all money raised during the two-day event will be donated to Don Carroll's Toys for Kids and Golisano Children's Hospital. 

You can pick from a group of pre-determined tattoos for $30 per tattoo and piercings for $20 (includes jewelry).

No appointments will be accepted during the two-day event, which is from 10 a.m. to 8 p.m., Dec. 6 and Dec. 7.

Last year, the event was only one day and the High Voltage crew worked until late into the night trying keep up with the demand.

High voltage is located at 110 W. Main St., Batavia.

Photo: Mark Fanara, owner, Kenny McCarthy, Lisa Vokes and Andrew London.

A 26-year-old Batavia man with prior arrests and already serving time in state prison was arraigned today on a sealed grand jury indictment charging him with drug dealing.

Cody Alan Bush Jr., formerly of 7614 Oak Orchard Road, Batavia, is accused of selling quantities of hydrocodone, oxycodone and suboxone to an agent of the Local Drug Enforcement Task Force.

A press release from the Sheriff's Office doesn't state the time period in which Bush allegedly made the sale to an undercover agent.

Bush is charged with criminal sale of a controlled substance, 3rd, and criminal sale of a controlled substance, 4th.

Following arraignment in county court, bail on this arrest was set at $20,00 and Bush was returned to Lakeview Correctional Facility.

He is serving from one-and-a-third to four years for driving while impaired by drugs with a prior offense, arriving in prison Sept. 13, 2012. The conviction may stem from a May 2011 arrest of Bush for felony driving while ability impaired by drugs, felony aggravated DWI with a child in the car (Leandra's Law), felony aggravated unlicensed operation, four counts criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

In the past couple of years, Bush has also been charged with petit larceny, criminal contempt and harassment.

Erin Coles submitted this photo of Jasmine Wessel, of Alexander. Jasmine showed up at the hat and glove drive over the weekend with two suitcases full of stuff along with some additional bags of items she was able to collect from classmates and her Brownie troop.

A young man once granted a second chance following his arrest in Batavia on drug charges was sentenced to state prison today.

Rochester native Benjamin Santiago, 23, will spend the next two and a half years in prison for drug possession and parole violation.

Santiago was originally arrested at a Batavia motel back in June of 2011.
At the time, he was one of three men arrested in possession of 74 bags of heroin and cocaine.

Shortly after his arrest, Genesee County Court agreed to allow Santiago to plead guilty to a reduced charge that would carry no jail time if he completed a substance-abuse program.

Santiago never completed the program and never appeared back in court.

He was re-arrested in October for bail jumping. His sentence on that charge will be handed down next month will run consecutively with the term he was given today.

Nicholas A. Antonucci, 25, of Broadway Road, Alexander, is charged with burglary, 2nd, and criminal contempt, 2nd. Antonucci allegedly entered a residence at 9:30 a.m., Saturday, of a person with an active stay-away order against Antonucci. Deputies allegedly located Antonucci inside the residence. Antonucci was jailed without bail. (Prior reports on Antonucci)

Cody A. Patrizi, 22, of 16 Walnut St., upper, Batavia, is charged with unlawful dealing with a child. Patrizi is accused of hosting an underage drinking party, which was reported at 1:15 a.m., Sunday.

Jake P. O'Leary, 19, Sam M. Cassidy, 21, and Declan L. Brennan, 21, all of 8 Montclair Ave., Batavia, are charged with unlawful dealing with a child. The three men are accused of hosting an underage drinking party, which was reported at 12:04 a.m., Sunday. Numerous underage people were allegedly at the party drinking.

Richard L. Maston, 30, of 40 S. Main St., upper, Batavia, was arrested on a warrant for allegedly failure to appear on a disorderly conduct charge. Matson was jailed on $500 bail.

Jennifer L. Stack, 26, of 48 S. Main St., Batavia, and Woodrow C. Horseman, 36, of 5049 E. Main St. Road, Batavia, are charged with petit larceny. Stack and Horseman are accused of stealing a shopping cart full of groceries from Tops Market at 3:17 p.m., Saturday.

Charles A. Larsen, 37, of Fisher Road, Oakfield, is charged with criminal trespass, 2nd. Larsen is accused of entering a residence on Swamp Road, Byron, and removing items that he owned. Larsen was jailed on $300 bail.

Alec Michael Frick, 23, of Ellicott Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, speeding and consuming alcohol in a motor vehicle. Frick was stopped at 10:44 p.m., Saturday, on West Main Street Road, Batavia, by Deputy Matthew Fleming.

Michelle Ann Bruner, 19, of Townsend Street, Akron, is charged with criminal contempt, 2nd. Bruner is accused of harassing a victim in Basom in violation of a Family Court order during a property retrieval.

Joseph Lee Piedmont, 47, of Ross Street, Batavia, is charged with harassment, 2nd. Piedmont is accused of pushing another person.

Leon C. Bloom Jr., 30, of Batavia, is charged with felony criminal contempt, 1st. While incarcerated at the Genesee County Jail, Bloom is accused of sending a letter to a person protected by court order from contact by Bloom.

Melissa Marie Morton, 27, of Maple Road, Basom, is charged with petit larceny and criminal contempt, 2nd. Morton is accused of stealing four PlayStation3 games from Kmart. When confronted by store security, Morton was reportedly cooperative and returned the items. At the time of the incident, Morton was allegedly with another woman she is barred by court order from contacting.

Patrick O'Neal Spikes, 31, of Hutchins Street, Batavia, is charged with bail jumping, 2nd. Spikes was located by Batavia PD at an address on West Main Street Road while officers were assisting NYS Parole on a matter involving another individual. There was reportedly an outstanding warrant for Spikes out of city court for alleged bail jumping. The person parole officers were attempting to locate was not in the residence.

This morning I went out to DeWitt Recreation Area for the sunrise.

After a little time there, I went for a short drive and on the spur of the moment I swung into Grand View Cemetery, not expecting to find E.N. Rowell's monument (bottom photo).

One of the items on my to-do list for awhile has been to go to DeWitt Recreation Area for sunset pictures over the lake. This evening, I made that trip.