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Amelia R. Witkowski is indicted on the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 29, 2016, that Witkowski knowingly entered or remained unlawfully in a dwelling on Main Road in the Town of Pembroke with the intent to commit a crime. In count two, she is accused of the crime of making a punishable false written statement, a Class A misdemeanor. In count two, it is alleged that Witkowski knowingly made a false statement on Jan. 30, 2016, in the Town of Pembroke, which she did not believe to be true, in a legally authorized written instrument, which noted that false statements made therein are punishable.

Scott T. McCoy is indicted on the crime of criminal possession of marijuana in the second degree, a Class D felony. It is alleged that on July 27 in the Town of Pembroke that McCoy knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing marijuana and these were of an aggregate weight of more than 16 ounces (1 pound).

From left, Eva Rhoads, Karly Smith and Bekki Allen.

From left: Teagan Mathes, Bella Verratti, Elizabeth Verratti and Clare Mathes.

In foreground, Eva Rhoads showing Riley Smith the riding pattern.

(Submitted photos) Press release:

On Saturday, Jan. 21^st, the Genesee County 4-H Rustic Riders Club hosted a 4-H Pony Party for Genesee County 4-H members. The party was planned by 4-H Rustic Riders Club members Eva Rhoads, Karly Smith and Bekki Allen as a way to promote the 4-H Horse Program to other 4-H members.  

The party had a great turnout and featured a series of horse themed educational activities and games, including horse bingo, face painting, horse breed cookie decorating and even the snacks and water bottles were labeled with fun horse facts. Experienced members also taught riding patterns to new members by playing a stick horse game. 4-H members from both Genesee County horse clubs came together and helped lead all of the stations and activities throughout the event.

Genesee County 4-H Horse Program members are now busy preparing for the upcoming Regional 4-H Horse Extravaganza, which features Horse Bowl and Hippology Contests.  Both contests test the 4-H members’ knowledge of equine related topics. The Horse Bowl Contest is a Jeopardy-style quiz competition, while hippology is a hands-on test of identifying equipment, feeds and other equine facts.

For more information about the Genesee County 4-H Program, contact the 4-H Office at 585-343-3040, ext. 101.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) announced today that he has written a letter to the Speaker of the Assembly, Carl Heastie (D-Bronx), strongly encouraging the full funding of libraries in this year’s budget.

Gov. Cuomo has proposed to cut $4 million from library aid in his Executive Budget proposal. Sixty legislators from around the state, including Hawley, have signed onto the letter.

“…According to libraries in my district, New York State Education Law requires Library Aid for FY 2017-18 to be $102.6 million…the current level, a reduction of $4 million, at $91.6 million, places library aid at 2000 funding levels,” Hawley wrote.

“...Our constituents, who range from toddlers to the elderly, depend significantly on the services provided by our libraries. We are sure you would agree that each and every New Yorker should be afforded equal access to the internet, ESL courses, and literacy classes offered by our libraries.”

Hawley, a strong proponent of community libraries, argues that libraries are essential to providing students and adults, especially in rural areas, with access to broadband Internet and other educational resources and strengthen the communities in which they are based.

“Libraries are one of those unique public resources that can be used by everyone and offer a plethora of educational and leisure opportunities that help to enrich our society and create a stronger, more educated New York State,” Hawley said.

“Local libraries often serve as public meeting spaces for various local groups, provide classes, videos, books, high-speed Internet access and research materials for students. One of the cornerstones of our advanced society is the ability to explore through education, and we mustn’t hinder that ability.”

Press release:

Batavia Downs Gaming & Hotel is proud to announce that Runaway June, singers of the country hit single “Lipstick,” will be performing at Batavia Downs Gaming’s Paddock Room Events Center on Friday, April 21^st. Tickets will go on sale at their website, BataviaDownsGaming.com, at 10 a.m. on Friday, Feb. 17^th. 

“As the area’s premier entertainment destination we are committed to bringing exciting musical acts like Runaway June to entertain our loyal patrons,” said Ryan Hasenauer, director of Marketing at Batavia Downs Gaming. “We are looking forward to having Naomi, Hannah and Jennifer onsite for what is sure to be a fun and memorable experience for their fans and soon to be fans.”

All tickets are $10 General Admission plus facility and processing fees.

About Runaway June

Composed of the organic, three part harmonies of Naomi Cooke, Hannah Mulholland and Jennifer Wayne, Runaway June is Wheelhouse Records brand new vocal trio. With its debut single “Lipstick,” Runaway June is the first all-female trio to earn a Top 30 hit on the Billboard Mediabase Country charts in a decade.

About Batavia Downs/WROTB

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Region Off-Track Betting Corporation is a public benefit corporation with headquarters in Batavia, NY. WROTB owns and operates 29 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western Region OTB has generated over $215 million in operating and surcharge revenues to the taxpayers of those participating municipalities. 

Press release:

Strength in Numbers Entertainment announced the 2017 dates for the annual American Warrior Concert sponsored by Red Osier Landmark Restaurant to be held June 2nd and 3rd at "The Ridge NY" on Conlon Road in Le Roy.

For the past four years the event was held in Southern California, but going into its fifth year Strength In Numbers Entertainment owner Dan Clor insisted on going back to his roots and producing the festival in his hometown.

The American Warrior Concert is known for serving as a tribute and to honor the military's active and retired personnel. The American Warrior Concert 2017 will be giving away up to 2,000 General Admission show tickets to veterans and active duty military alike.

This event also donates to a nonprofit veterans' organization of its choice. This year’s event beneficiary is Warrior House of WNY Inc., in Medina, an organization that uses the outdoors to help heal veterans mentally and spiritually. Rochester Vets Center and Honor Flight Rochester will also be in attendance to provide our veterans with additional beneficial information. If you are a veteran or are still active duty, and would like to see the show for free, please contact us and we will make sure that your name is included.

The American Warrior Concert headliner will be none other than Weapon-X, frontman Dan Clor's military inspired heavy band. All other acts scheduled to date include D-ZL, Audibull, Diana Zinni, James D Jackson, Jason Wallace, Ryan Whyman, Black Valentine, Invictra, Kenny Drury, Johnny Bauer, The Dirty Bourbon Blues Band, Delano Steele, 1916, Danny B, Le Roy High Marching Band/Chorus, Dave Riccione Blues Trio, Shawn T, Greg Chako Jazz Trio, Woody Dodge, Ball Cheeze Psychotics and Justin Williams. These acts represent a wide variety of music, something for everyone’s musical tastes.  More acts are being added to the bill.

Clor, a military man himself who is a Marine veteran having served overseas in Iraq sums up the benefit concert with, "American Warrior Concert 2017 -- A celebration of our troops, veterans, and American way of life." The concert is an all-ages event featuring one main stage, a side stage, an acoustic stage, VIP tent, music lesson tent, open jam tent, camping, craft beer, BBQ, vendor booths and is scheduled to have 20+ bands perform.

If you are a local business that would like to be involved with our American Warrior Concert as a sponsor, vendor or contributor please contact us at the number/e-mail above.

To purchase concert tickets click here.

To rent a campsite click here.

Press release:

To help reduce further transmission of influenza and/or other infectious diseases, Rochester Regional Health is instituting the following restrictions for hospital visitors at United Memorial Medical Center in Batavia.

• Visitors will be limited to no more than two people per patient at a time;
• All visitors must be at least 14 years old;
• Please do not visit a patient if you feel you are ill, including sore throat, fever, runny nose, coughing, sneezing, or other flu-like symptoms -- even if you have been vaccinated against the flu

Current status as of Feb.15:

• Rochester General Hospital (Rochester) – Visitor restrictions in place
• Unity Hospital (Greece) –  Visitor restrictions in place
• United Memorial Medical Center (Batavia) – Visitor restrictions in place
• Newark-Wayne Community Hospital (Newark) – No visitor restrictions
• Clifton Springs Hospital & Clinic (Clifton Springs) – No visitor restrictions

A teen from Le Roy has been charged with multiple counts of rape in the first degree following a joint investigation between Attica PD and the Genesee County Sheriff's Office.

The investigation began with a single complaint when a student revealed information about an alleged sexual encounter to a school official in Attica.

During the investigation, additional children came forward and made similar allegations. 

Leonard E. Hahn IV, was subsequently arrested by Attica PD.

Assisting in the investigation were investigators Tim Wescott and John Dehm of the Genesee County Sheriff's Office.

The victims are all under age 11.

The Justice for Children Advocacy Center in Batavia assisted in the investigation.

Hahn was jailed on $100,000 bail or $200,000 bond. He is being held in Genesee County pending further proceedings in Genesee County and Wyoming County.

Anyone with additional information is asked to contact his or her local law enforcement agency.

Statement from Bethany Town Supervisor Carl Hyde:

As a Veteran, a taxpayer and a lifetime resident of New York I find it very unsettling that Governor Cuomo wants to dissolve local municipalities into a single County government.

First off he (the Governor) would like to remove “Home Rule” from our communities.

For those that don’t know what “Home Rule” is, it is the right to local self-government including the powers to regulate for the protection of the public health, safety, morals and welfare, to license, tax and incur debt. The freedom of choice, non-interference, non-intervention, political independence, self-reliance and self-subsistence.

So ask yourself why does the Governor want to do this?

The Governor is also trying to extort our municipalities into consolidation by withholding $715,000,000.

In AIM (Aid & Incentives for Municipalities) funds unless the municipalities have a plan to consolidate services by August 1, 2017 or it goes to a voter referendum at November’s election. If it doesn’t pass the Governor wants Municipalities to try it again in 2018.

Can a Governor be so out of touch with the Municipalities in his State you may wonder? Yes he is. The Municipalities already have shared service agreements to help each other in times of need. These agreements have been in place for several decades! And there is NO duplication of services.

There are 58 Counties in the State of California (for example) and only 1 County (Colusa) has kept their “Home Rule.” All the other Counties have to ask permission from the Governor to do anything. See how that’s working for them or should I say NOT working for them.

The Constitution was written by the people for the people to eliminate Kings, Queens and Dictators.

Go to your Town Board meetings, your Board of Supervisor meetings and your County Legislature meetings. Call or visit your Assemblymen and women and your Senators.

Ask questions and get informed as to what is going on in New York State.

A property-damage accident is reported in the area of 5768 Clinton Street Road, Batavia.

A caller reports smelling smoke coming from one of the vehicles.

No injuries are reported.

Town of Batavia fire dispatched.

UPDATE Noon: Mercy EMS requested non-emergency.

A power outage affecting 471 National Grid customers is reported along Clinton Street Road in Stafford and is also, we are told, causing a power outage at Genesee Community College.

The outage was reported at about 4:30 a.m.

A repair crew has been assigned, according to National Grid. The estimated time of power restoration is 8:30 a.m.

The area affected runs along Route 33 from about Seven Springs Road to nearly Route 237 and includes parts of Horseshoe Lake and up to Byron Road.

UPDATE 8:40 a.m.: The ETA for repairs has been revised to "assessing conditions."

UPDATE 8:57 a.m.: The size of the outage area has been reduced to 137 customers, between Clinton Street Road and Byron Road. The college is no longer included in the outage area.

UPDATE 10 a.m.: Not sure when power was restored to the entire area, but power has been restored.

Members of the Batavia Rotary Club were introduced to a new fundraising concept at their lunch meeting today that as far as anybody knows hasn't been tried in Genesee County before.

It's called a meat raffle and Andrea Aldinger, pictured, has participated in such raffles in Wyoming County.

She demonstrated the raffle for members today because the club will be hosting one April 7 at the Sacred Heart Social Center.

How a meat raffle works is, people pay to attend, in this case $5, and then they can buy raffle tickets for each item as it becomes available. For example, the person running the raffle holds up five pounds of bacon and says the bacon will go to the next auction winners.  Participants then have five minutes to buy raffle tickets, each numbered from 1-7, for $1 each. Then the person spins the raffle wheel and each person with the winning number (yes, there can be more than one winner) wins five pounds of bacon.  

There will be 20 such raffles, including not just bacon, but steaks, chickens, turkey, roasts and ribs.

Aldinger said participants need to bring a cooler to hold their meat, because they will win meat.

She also recommended making it a social event, getting a table of 10 as a group and bringing your own snacks and food dishes to eat during the three-hour raffle. The club will provide two kegs of beer, free until it runs out, and sodas will be free. There will also be a hosted bar, hosted by the church.

Raffle tickets will only be sold at the event, but there are separate prizes, including a wheelbarrow of booze and a freezer filled with meat, that people enter to win. See a local Rotarian for tickets.

Two brothers from Rochester involved in the beating of a patron of the Playmates strip club in Byron were scheduled for sentencing in County Court today, but after the attorney for one objected to new evidence brought to the hearing, that sentencing was delayed.

In the first case, Jonathon Lamagna, 19, who previously entered a guilty plea on second-degree assault and second-degree coercion, was sentenced to five years in prison and three years parole.

Scott Lamagna will be back in court Feb. 17 after defense attorney Thomas Burns said he felt "ambushed" by the presentation of recordings of phone calls in jail between Scott Lamagna and family members that Assistant District Attorney Kevin Finnell said showed that Scott Lamagna showed no remorse for his actions, that he was more interested in minimizing his jail time.

The brothers were arrested after a patron suffered serious injuries when they attacked him in the parking lot of Playmates.

Finnell provided a written deposition from the owner of Playmates who said she tried to assist the bloodied and beaten victim by dragging him back into the club and the brothers then continued their assault, kicking him as she tried to pull him away from them.

According to the statement, Scott Lamagna grabbed the victim from by the shirt and punched him repeatedly in the face as the owner tried to pull him onto the establishment's porch. She said she screamed, "Stop, stop, you're going to kill him."

Then Jonathon kicked the victim in the head and ribs, she said.

The victim was described by Finnell as a liver transplant recipient and short in stature and slight in build.  

Before sentencing, Jonathon read a statement, saying, "I feel drugs and alcohol played a part in my actions. I accept full responsibility for what I did."

Via our news partner, WBTA.

There's no better way to celebrate National JELL-O Week than by visiting the JELL-O Gallery in Le Roy! “America’s Most Famous Dessert” was invented in Le Roy in 1897. Visit the Museum dedicated to all things JELL-O, and pick up unique JELL-O-themed souvenirs in their gift shop. 

The gallery is open Monday - Friday from 10 a.m. to 4 p.m. with extended hours beginning in the Spring.

JELL-O Gallery, 23 E. Main St., Le Roy, NY; 585-768-7433.

Visit www.VisitGeneseeNY.com to learn more about Genesee County's unique attractions.

Press release:

The Genesee Chorale invites the community to "Summer Daze," a summer-themed choral performance at 4 p.m. on Sunday, Feb. 19 at St. Joseph Catholic School at 2 Summit St. in Batavia. This fun concert will depart from the Chorale's classical selections to uplift the audience and melt away the winter doldrums with an afternoon in the summer sun.

“This time of year, the long, dark winter days seem to stretch on forever,” said Director Ric Jones. “We wanted to give our audience a much-needed break from the snow and cold by transporting them to a warm, sunny day through music.”

The concert venue will be decorated for the theme, Chorale members will dress the part, and the Chorale will be accompanied by local musicians on percussion and ukuleles! These fun performances are audience favorites, with familiar songs and performances by the full chorale, small ensembles, and soloists.

Concertgoers will recognize many of the song selections, like the Beach Boys’ "Little Deuce Coupe," Israel Kamakawiwo'ole’s Hawaiian rendition of "Somewhere Over the Rainbow," Bob Marley’s "One Love," and many more.

Presale tickets cost $8 and can be purchased from any Chorale member or online at www.geneseechorale.com. Tickets will also be available at the door for $10. In the event of severe winter weather, the concert will be rescheduled for the same place and time on the following Sunday, Feb. 26.

This performance is made possible with funds from the Decentralization Program, a regrant program of the New York State Council on the Arts, administered by the Genesee-Orleans Regional Arts Council.

The Genesee Chorale is a community chorus founded in 1971 with members from Genesee County and seven surrounding counties. The Chorale’s repertoire includes a wide variety of music in various styles from motets and madrigals of the Renaissance, to folk, musicals and jazz. The Chorale always welcomes new singers. The Chorale is directed by Ric Jones, who is the owner of Imagine Music Publishing, the musical director of the Brighton Symphony Orchestra and The Middleport Community Choir, and is also the organist at St. Peter Evangelical Lutheran Church in Medina and Trinity Lutheran Church in Wolcottsville.

Press release:

Batavia High School Student Government in conjunction with Batavia Police Department raised $800 Monday night. The money will be used to give back to a BHS student or students in the form of a scholarship at awards night in the spring awarded to seniors looking into law enforcement or criminal justice.

This is the second year of the event and coincides with the high school "Snowcoming" week where BHS celebrates winter and winter athletes. The senior Class of 2017 beat out staff members and the Police Department team and will be awarded the trophy during the winter pep assembly later this week. 

Top photo: Submitted photo; photos below, by Howard Owens.

Chance the Rapper, fresh off a Grammy win this week, has been added to the lineup of top stars coming to Darien Lake Performing Arts Center this season.

The show is scheduled for 8 p.m., May 31.

The theme park won't be open on that date, though for all other upcoming dates, Live Nation is celebrating 25 years of bringing music to Darien Lake by partnering with the Theme Park to offer free park admission on concert nights.

Other acts booked for the summer include Zac Brown Band, Third Eye Blind, Nickelback, Chicago and the Doobie Brothers, Foreigner, Kings of Leon, Lady Antebellum, and Green Day.

For more on the concert season, click here.

While the announcement of a tentative settlement between the City of Batavia and the City Centre Mall Merchants Association dominated Monday night's City Council meeting, the governing body voted on several resolutions, including a 5-4 decision to send a rezoning proposal for properties on East Main Street to the City Planning & Development Committee.

Council members Eugene Jankowski Jr., John Canale, Patti Pacino, Adam Tabelski and Rose Mary Christian voted in favor of letting the planning board make a determination on a zoning amendment pertaining to 661, 665 and 679 E. Main St., a move that could lead to the construction of an 80-unit multifamily and townhouse cluster by DePaul Properties Inc. in the vicinity of the current Batavia Gardens apartments.

Paul Viele, Al McGinnis, Kathleen Briggs and Robert Bialkowski voted against the measure, which calls for rezoning 661 E. Main St. (a house) and 665 E. Main St. (a small glass workshop) from I-1 Industrial to R-3 Residential and rezoning 679 E. Main St. (Batavia Gardens) from R-2 Residential to R-3 Residential. An R-3 designation would allow for the siting of an apartment complex.

Positive action by the Planning & Development Committee and, ultimately, City Council would enable DePaul to develop what would be called DePaul Batavia Square, a $25 million project that would provide housing to people with "various types of incomes ... a cross section of the community," accordilng to City Manager Jason Molino.

DePaul already has a presence in the city in the form of a 41-unit complex at 555 E. Main St., which features subsidized one- and two-bedroom apartments for those with mental health issues and low- to moderate-income.

Council members asked questions pertaining to who would be living there, police calls at the current DePaul site and whether the need for this type of housing exists. City Attorney George Van Nest explained that those topics would be covered down the road during the site plan and project reviews.

"There are three layers to this project, and this rezoning perspective is the initial step," he said. "Rezoning must be granted (before it can move forward)."

Molino said the DePaul project would represent a "significant upgrade to what is there now, and contributes to the growth concept we are trying to promote," and added that DePaul likely will seek tax abatements through the Genesee County Economic Development Center. The proposed complex would be divided into 57 one-bedroom, 20 two-bedroom and three three-bedroom apartments

As a result of the 5-4 vote, Council is expecting to hear back from city planners within 30 days.

In other action, Council:

-- Scheduled a public hearing for 7 p.m. Monday, Feb. 27 on the proposed 2017-18 city budget, a $24.2 million spending plan that calls for a 1.7-percent increase in the tax rate, with a projected tax levy of $5,263,942.

-- Set a public hearing at the same time on a local law to establish new water rates, meter fees and capital improvement fees. Water rates and meter fees would increase by about 3 1/2 percent, and the quarterly capital improvement fees for meters would increase by about 10 percent.

-- Passed a resolution to award the Falleti Ice Arena dehumidification equipment replacement project to the Leo J. Roth Corporation at a cost of $87,560.

-- Passed a resolution to amend the police department budget to reflect the receipt of a $24,681 STOP-DWI grant.

-- Presented a plaque to Brooks Hawley, who served as councilman-at-large for five years (including two as president), for his contributions to city government. Hawley resigned his post in December when he and his family moved to his late grandfather's home in the Town of Batavia.

An agreement between the City of Batavia and the City Centre Mall Merchants Association -- outlined by an 11-point "settlement framework" that calls for the city to retain ownership of the downtown facility's concourse, pay 100 percent of capital improvements and take care of mall maintenance and operations -- will provide the impetus for private investment in one of the city's priority areas, said City Manager Jason Molino at Monday night's City Council meeting.

"The mall is a major part of our downtown, we can't ignore that," Molino said. "This is an opportunity to facilitate and lead cooperative and successful partnerships ... and lead new development and investment in our downtown."

"For long-term investment in the mall and the 17-acre area around it, this is the best-case scenario," Molino said. "We're looking at a project with at least a $5 million value."

The settlement comes after a decade of lawsuits by both sides over responsibility for the City Centre Mall. Per its terms, all previous agreements -- which have been clouded by four rounds of litigation since the late 1970s -- will be terminated and become null and void.

Additionally, the city will:

-- Retain ownership of the concourse;
-- Complete roof, silos and skylight capital improvements (estimated at $650,000) no later than March 31, 2020;
-- Pay 100 percent of capital improvements, with future capital improvements paid by all property owners with revenue from a user fee (which would replace the current mall maintenance fee);
-- Perform mall maintenance and operations (coordinated by the Department of Public Works and Batavia Development Corp., respectively, with the latter focusing on marketing and redevelopment strategies);
-- Establish a user fee by local law based on square footage for property maintenance fee;
-- Continue to maintain budgeting and accounting;
-- Charge single-parcel owners who own more than 11,500 square feet the set user fee at 11,500 square feet;
-- Set the user fee at $2 per square foot for years one, two and three; $2.04 per square foot for year four, and $2.06 per square foot for year five. After year five, the fee will be based on the projected budget.
-- Eliminate all parking restrictions in city parking lots, with the city to restripe in 2017;
-- Turn over the fund balance as of March 31 to the Merchants, with the Merchants returning any fund balance to the city on April 1, 2022.

Molino, who along with City Attorney George Van Nest presented the plan to Council, said terms of execution of the settlement will be presented to City Council and the full membership of the Mall Merchants Association for approval later this month (at the next Council meeting on Feb. 27).

The settlement agreement must be ratified and executed by City Council, the Mall Merchants Association, parcel owners and JCPenney, and in the event that any parcel owner or JCPenney refuses to sign the agreement with 10 days of approval, both parties shall support an application to the court by motion or Order to Show Cause to gain approval of the settlement or have the agreement ordered.

"All must sign off on past agreements and sign the new agreement," Molino said. "Until then, these cases (pending litigation) are still open."

Molino said both parties have been meeting over the past 18 months, with a mediator playing a significant role in forging this settlement agreement and putting an end to suits and countersuits, claims and counter-claims over which party is responsible for maintaining the mall concourse and capital improvements, including the perennially leaky roof.

During negotiations, three other solutions were considered, Molino said. They were (1) having a private developer buy the mall; (2) having the Mall Merchants Association buy the mall concourse at fair market value, and (3) having the city lease the concourse to the merchants for fair market value.

All three were "taken off the table" as restrictions in the current agreements would render those options as not feasible from a financial standpoint, Molino said.

Pier Cipollone, president of the Batavia Development Corp. Board of Directors, said the settlement "opens up future discussions" by removing the prior agreement and its restrictions -- and "paves the way to bring developers in and gain ideas as to what they would want to do with the mall."

He said he would like to see retail, such as boutique stores, T-shirt shops ... anything where somebody could come in and buy something and walk out the door. What we have now is a mix of retail and medical, and the mall was never designed for the medical world. We need foot traffic downtown."