batavia

Local hoteliers are so opposed to a planned Holiday Inn Express -- just north of the Thruway, off Route 98 in the Town of Batavia -- that they've hired a lawyer to make their case to local officials.

Thomas J. Warth (pictured), of Hiscock & Barclay out of Rochester, tried to make the case against the new hotel before the Town of Batavia Zoning Board on Tuesday night. But after a spirited discussion, the board voted unanimously to grant the new hotel permission to exceed local height requirements by 10  19 feet.

With local occupancy rates averaging 45 to 50 percent, hotel owners say there is no need to build another 40, let alone maybe 80, rooms (the final plans have not been presented yet).

The $3.25-million project, located at 8360 Commerce Drive, next to an existing Hampton Inn, will make use of a banquet facility already constructed at the location and include an indoor pool, fitness area, lobby and meeting space.

The developers are seeking tax incentives from the Genesee Economic Development Center. The proposed site is part of a previously prepared industrial park, so the developer will save on construction costs by going into a "shovel ready" complex.

The government-backed cost savings, combined with variances to current zoning laws, are giving the new competition too much help, local hotel operators complain.

"Why can't they live with a 40-foot height if we can survive with a 40-foot height?" asked Vibhu Joshi, owner of Days Inn and Super 8. "The new hotel is getting all kinds of goodies and all kinds of variances. I can see maybe a use variance, but why a height variance?"

Hotel owners are concerned that the height variance will allow the developer to put in even more rooms, though it wasn't clear from the application whether the additional 19 feet was for another story on the building (making it four instead of three) or if the extra height was just needed for elevator shafts.

"The additional rooms in this marketplace will have a significant impact on everybody else," said Richard Lewis, acting manager of the Travel Lodge, which recently underwent significant renovation.

Zoning Board Chairman Gary Diegelman mentioned a couple of times during the meeting that economic issues are not part of the zoning approval process. He said the owners will need to raise those concerns with the planning board, which will have final say on the variances.

Warth argued that even economic issues aside, the developer -- who was not represented at the meeting -- has not made a case for why the height variance is needed.

Diegelman said, "point taken," but added later, "I don't see any (neighboring) businesses here objecting to the height variance."

The project will go before the planning board at a future meeting, but that agenda has not been announced yet.

Authorities are asking for help in locating a missing youth who may be in Batavia.

Nathaniel Davis, 15, may be in the company of a 17-year-old girl.

He was last seen wearing a black hooded sweatshirt and black pants.

Davis reportedly is a runaway.

He is described as black with brown eyes, 5' 3", 175lbs.

Anybody with information on his whereabouts is asked to call 1-800-346-3543.

A 21-year-old Batavia man has been accused of forcibly raping a 30-year-old woman.

Charged with rape in the first degree is Patrick J. Donahue, of 44 Williams St.

He was jailed without bail following arraignment today in City Court.

He is accused of raping a woman at a residence on Walnut Street the evening of Jan. 10.

UPDATED 1:31 p.m.

Suzanne Corona, 42, was back in police custody today after allegedly trying to steal a flower arrangement from Batavia Stage Coach Florist & Gifts in the Genesee Country Mall.

Corona is charged with petit larceny.

During her arraignment in Batavia City Court this afternoon, Judge Robert Balbick said Corona is accused of stealing a table-top floral arrangement with a light in it valued at $20.

Corona has been given time to meet with a public defender before entering a plea. She is scheduled to reappear in city court on Wednesday afternoon.

Meanwhile, Corona was released under supervision of Genesee Justice.

Outside of the courthouse, Corona said, "What can I say? My life is a mess and I overreact in the wrong direction."

The Batavia resident made international news last summer when she was charged with public lewdness and and adultery for engaging in sexual activity with 29-year-old former Oakfield resident Justin Amend in Farrall Park. 

Corona eventually entered a guilty plea to public lewdness and was placed on probation.

Today, Corona entered the florist shop, according to owner Loretta Delpriore, and had a couple of items in her hand when Delpriore went into a back room for a phone call. When she came out, Corona was gone and so were the flower arrangements, the owner said.

Delpriore called police, identifying Corona by name as the suspect.

"I know who she is," Delpriore said. "I think everybody knows who she is."

Meanwhile, Amend, who admitted to public lewdness, is currently wanted on a bench warrant after reportedly moving to Florida before his sentencing.

Rebecca A. Chatley, 19, of 61 Mill St., Le Roy, is charged with grand larceny, 4th. Chatley is accused of going through the purses of fellow employees at a business in the Village of Le Roy. When confronted, Chatley was allegedly found in possession of another employee's debit card. Chatley was released on an unspecified amount of bail.

Melissa Ann Peterson, 25, of Jackson Street, Batavia, is charged with petit larceny. A complainant reported on Dec. 22 that Peterson failed to return a set of keys. Peterson reportedly denied repeatedly having the keys, stating adamantly, according to a Sheriff's Office release, that she returned the keys.  Peterson then later turned the keys over to the Sheriff's Office.

Summer Ogden, 34, of Ellicott Street, Batavia, who has a previous conviction for criminal possession of a weapon, 3rd, is charged with resisting arrest, attempted criminal mischief, 4th, and criminal tampering, 3rd. Ogden was reportedly being held in Wyoming County Jail for an unrelated incident. A warrant was issued for her out of Town of Batavia Court on the listed charges. (Previous Reports)

Assante Darrell Huggins, 18, of Brunswick Boulevard, Buffalo, is charged with petit larceny. Huggins was arrested on a Darien Town Court warrant following his release from the Erie County Holding Center on an unrelated charge. Huggins was jailed on $500 bail.

Kipa Luii Limonti, 39, of Roebling Avenue, Buffalo, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and no vehicle inspection. Limonti's vehicle was stopped by a State Trooper for alleged traffic violations at 12:40 p.m., Jan. 3, on Park Road, Batavia. The vehicle allegedly had a 2009 inspection sticker and a bald front right tire. Deputy Brian Thompson provided backup for the trooper and his K-9 "Pharaoh" allegedly alerted on the vehicle and Limonti was allegedly found in possession a small amount of marijuana.

Phylicia L. M. Carey, 18, of North Street, Le Roy, is charged with DWI, and driving with a BAC of .18 or greater. Carey was reportedly involved in a two-car accident on Church Street. Carey's car reportedly hit a parked car and then a utility pole. Carey was arrested by Le Roy Police.

Dennis Kaijage Stambuli, 18, of Sutton Park Road, Poughkeepsie, is charged with unlawful possession of marijuana. Stambuli was allegedly found in possession of marijuana by Deputy Kevin McCarthy, who responded to a complaint of a loud party in the Village of Oakfield at 9 p.m., Jan. 14. A 17-year-old was arrested and charged with unlawful possession of marijuana at the same time.

Angela Maria Draper, 34, of Transit Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Draper was allegedly involved in a one-car accident at 2:47 a.m., Saturday, on Route 63. Her car reportedly went into a ditch and struck a mailbox. The accident was investigated by Deputy Howard Carlson.

Scott E. Clark, 49, of 172 1/2 South Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and speed not reasonable. Clark was reportedly involved in an accident at 10:30 p.m., Friday, on Ellicott Avenue near Washington Avenue, Batavia. Clark's car reportedly slid into a curb and rode up the guide wire of a utility pole, coming to rest on its side. Clark was not injured in the accident. (Initial Report)

Volunteers from RSVP and Americorps were at the Batavia Senior Center today to make blankets to donate to the Agri-Business Child Development Center. Volunteers were also asked to make greeting cards for military personnel.

Above from left, Darian Ely, of RSVP, Loren Penman and Kellie Fairchild work together to make a blanket.

About 70 people were on hand at the YWCA on North Street today to honor Martin Luther King Jr. and give tribute to his legacy.

Alex Nesbeth, below, read King's "I Have a Dream" speech. Above, Grace Marthrel sings a gospel song with Raymond Doward on piano. After the jump, another picture of Marthrel and Doward as well as one of Marthrel singing with her daughter, Lashonna Mims.

Marthrel gave an outstanding gospel performance. She said she sings regularly at the Prayer Room Church of Christ on North Lyon.

It's been a beautiful day, even if a bit cold -- my truck's thermostat read 8 degrees this morning. Too much work to do today to get out and shoot a lot of pictures, but still taking advantage of the nice sky.

Above the white barn of Partridge Farm on Ellicott Street Road and below, the cement plant of Bonsal American on Cedar Street.

Weather through tonight, cloudy, with a chance of snow overnight. Tomorrow, warming considerably (into the 30s) with an 80-percent chance of rain, and then back to snow on Thursday.

A two-car accident is tying up traffic a bit in the area of 375 W. Main St., Batavia.

It is believed there are no injuries, though there are unknown type fluids leaking from at least one car.

City Fire and Mercy EMS dispatched.

A man is reportedly rolling around on a snow bank -- without any pants on -- across from 8 S. Main St. in the City of Batavia.

Police are en route.

Area youngsters were able to get in a little hockey practice today on Harvester Avenue, where resident Kevin Hamilton built a small hockey rink. Hamilton, who coaches two youth hockey teams, said he constructed the rink out of a wood frame, a plastic sheet base and slowly builds up the ice over time, adding a little water over several days.

Organizers were pleased with the early turn out at the debut Bridal Show at Terry Hills today. Vendors from Genesee County were on hand to display for prospective brides, grooms and their parents what they offer to ensure the special day remains special.

The show continues until 4 p.m. For more information, click here.

Above, Steve Valle talks with customers about what Valle Jewelers has to offer.

More pictures after the jump:

Cathy Saile, The Enchanted Florist.

Dave Howe, Charles Men's Shop.

Jeremy Liles, Oliver's Candies.

An original Broadway cast member of "RENT," Gwen Stewart, was back in Batavia this weekend, making a side trip while visiting friends in Buffalo, to catch the local performance of the hit musical. Stewart joined the WNY Arts Society cast on stage for one of the production numbers.

WNYAS's final performance of "RENT" is today at 2 at the Ross Street Performing Arts Center, Batavia Middle School, 96 Ross St., Batavia.

The Batavian still has a few specially discounted tickets available. Click here for more information.

The Falleti Ice Arena was packed with both Notre Dame and Batavia fans who were hoping their team would come away victorious. It was the Notre Dame fans that got their wish as their team had a powerful third period and defeated host Batavia 6-2.

"We were pumped to get out there and play them," said Batavia forward Nate Palmer. "It's always a fun game, but unfortunately it didn't end the way we wanted it to."

Batavia Notre Dame got on the board first as Josh Johnson snuck the puck by Batavia goaltender Adam Kurek on a play set up by Dylan Versage. 

Batavia failed to produce a strong offense in the first period, but came out strong early in the second as Conor Holvey set up Tim Finnell to tie the game at 1-1.

Notre Dame responded shortly after by taking the 2-1 as Tyler Kessler stole the puck and beat Kurek for the goal.

Josh Marr capped off the second-period scoring as he broke down the right side of the ice and sniped the puck over the right shoulder of ND goaltender Tom Dehr.

The third period was all ND as they capitalized four times.

The Irish came out hard and Zach Blew lit the lamp off a set up from Josh Johnson and Dylan Versage.

Story continued after the jump: 

Batavia responded shortly after with a great scoring chance as Josh Marr fed Nate Palmer on a 2 on 1, but Palmer was unable to get good wood on the shot.

"We had some chances but couldn't capitalize on them," says Palmer.

Brett Perfit continued the scoring driving as he put the fourth goal on the board in a solo effort.

Notre Dame's Jordan Difilippo got into a small fight in front of Dehr with Batavia's Tim Finnell, which led to coincidental penalties. After an argument with the referee, Batavia was assessed a bench minor penalty, giving ND the powerplay.

Jack Nenni and Brett Perfit set up Tyler Kessler to take advantage of the powerplay and put ND up 5-2.

Nenni scored shortly after to cap off the scoring at the final 6-2. Tyler Kessler and Brennan Brown were credited with the assist.

"We were very happy with our team's effort," says Notre Dame forward Dylan Versage. "We wanted the win and were all gonna do what we needed to get the win. Everyone contributed and it paid off."

An 18-year-old Batavia man accused of engaging in sexual activity with a child under 11 years old is less than four months removed from being released from custody on similar charges.

Ronald Smith, of 679 E. Main St., Batavia, was let out of state prison in October as a Level 3 sex offender.

Smith was previously convicted of engaging in sexual activity with girls ages 8 and 9. He was a Genesee County resident at the time of his arrest. He was convicted in March 2008 and sentenced to one to three years in prison.

Upon his release in October, Smith moved to an apartment on Thorpe Street and registered his address with authorities.

In November, Batavia Police sent a notice to residents in the area around Thorpe that a Level 3 sex offender was in their midst.

The address listed was a residence managed by Jeremy Yasses of J.P. Properties. Yasses said residents contacted him immediately about Smith living in one of his dwellings.

He had no idea Smith had moved in with a friend who was a tenant of an apartment.

The day after being notified, Yasses, who manages several properties on Thorpe, demanded that Smith vacate the residence. When he followed up with police, Yasses said he was told that Smith had moved to Oakfield.

"I don't want to live next to them and I don't expect my tenants to live next to them," Yasses said of Level 3 sex offenders. "I wouldn't ask my tenants to live next to anybody I wouldn't live next to myself."

At the time of his arrest today, Smith was, according to police, located at a residence at 679 E. Main St. in Batavia. He was also charged with failure to register his current address, as required by a registered sex offender.

Det. Kevin Czora said the recent allegations that Smith engaged in sexual conduct with a child under 11 were brought to police attention by a parent of the victim.

Smith was jailed on $25,000 bail.

(Initial Post)

A Level 3 sex offender has been arrested and accused of having sexual contact with a child under 11 in the City of Batavia on more than one occasion over a period of several months.

Ronald Smith, of 679 E. Main St., Batavia, is facing three charges of sexual abuse, 1st, and failure to report address change.

About a month ago, residents around Thorpe Street were notified by Batavia Police that Smith moved into an address at that location. He apparently did not stay long there.

Smith was jailed on $25,000 bail.

The courthouse at 1 W. Main St. has been evacuated because of a fire alarm.

The alarm may be related to construction.

City Fire arriving on scene.

UPDATE 12:30 p.m.: There was no fire. False alarm. City fire is back in service. People are back inside the building. (Didn't hear when the scene was cleared.)

Press release from Genesee ARC:

Batavia, NY -- Family and friends of Genesee County ARC’s first PREP for Life Class gathered Thursday, Jan. 13 for a graduation ceremony at Genesee Community College’s Stuart Steiner Theatre.

Ten students walked across the stage to obtain their achievement certificate, marking completion of the program aimed at expanding their educational and vocational options.

PREP is an acronym which stands for People Realizing Education and Employment Potential. The program is a partnership between Genesee ARC and Genesee Community College and was established to improve student transition from high school to employment. It is a non-credit certificate program for individuals with developmental disabilities who desire a college experience.

The graduates are: Melissa Cook, Jesse Gray, James Grudzien, Dwight Hicks, Sherrie McKenzie, Andrew Moyles, Jason Northrup, Corinne Phelps, Christine Tinklepaugh and Janette Vick.

"PREP for Life grew out of our conversations with families who wanted their children to have access to more life experiences and skills," says Genesee ARC Executive Director Donna Saskowski.

Students learned skills in the areas of socialization, self-advocacy, time management, transportation, adaptive living skills, career exploration, job readiness and employment training. Another aspect of the curriculum included community volunteerism. Students used classroom space at the Genesee ARC Community Center, and at GCC they used the library, cafeteria, computer lab and meeting space.

According to Clifford Scutella, GCC director of Student Activities, it has been a pleasure interacting with the PREP for Life Students.

“They love life and being here brings so much joy to us and everyone at the college,” he said.

Since PREP for Life began, Mr. Scutella has always reached out to include the students in college activities. He was a speaker at Thursday’s graduation. PREP for Life Teacher and Genesee ARC Day Habilitation coordinator Kim Weber also addressed the students and guests.

“As a teacher, I believe that every day is about learning -- not just for the students, but for the teacher as well,” she said. “Each day the students have taught me something about myself, life and becoming a better person."

Graduates can now use the skills they have developed to help focus on their future. Opportunities include a new program option called AIM (Adults In Motion). It is a community-based enrichment program that gives individuals an opportunity to further explore their interests and goals.

It offers a variety of instruction and experiences designed to increase independence in various functional living skills such as safety, health and nutrition, hygiene, recreation and leisure, career exploration, and community access.

There is also the potential for training in prevocational/vocational areas through the Vocational Department at the Genesee ARC Work Center and the new Culinary Arts Program at the Genesee ARC Community Center.

Photo submitted by Sandy Konfederath.