batavia

Joseph S. Martaus, 26, of 14 Overlook Drive, Batavia, is charged with DWI, driving under the influence of drugs, controlled substance not in original container, possession of a hypodermic instrument, disobeying pavement markings. At 6:48 p.m., Wednesday,  Batavia Police responded to a report of an individual who appeared either drunk or ill getting behind the wheel of a car. The caller provided the license plate number of the car and a vehicle description. The vehicle was located and stopped on Ellicott Street. Martaus was allegedly unable to pass a field sobriety test. An officer who is an expert in recognizing the influence of drugs responded to the scene and determined Martaus was allegedly also driving under the influence of drugs. He was jailed on $500 bail. Officers Mark Lawrence, Eric Hill and Jason Davis were involved in the arrest.

Daniel D. Reese, 55, of 97 Abbott St., Rochester, is charged with DWI, driving with a BAC of .18 or greater, and following too close. Reese was reportedly involved in a rear-end accident in the area of 210 E. Main St., Batavia, at 4:51 p.m., Wednesday. Officer Chris Camp conducted a field sobriety test and found Reese was allegedly driving drunk. Reese was booked and released on an appearance ticket.

Christopher Lawrence Bauld, 21, of Kinmont Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, no front license plate. Bauld was stopped at 8:22 p.m., Wednesday, on Route 77 in Alabama by Deputy James Diehl for allegedly having no front license plate.

Kelsey Anne Sanders, 23, of E. Main Street, Batavia, is charged with petit larceny. Sanders is accused of shoplifting from Kmart.

Louis Alfredo Mercado, 22, of Bank Street, Batavia, is charged with petit larceny. Mercado is accused of shoplifting from Kmart.

Jacob John McCowen, 26, of Oak Street, Warsaw, is charged with criminal contempt, 2nd. McCowen is accused of visiting the residence of, and calling a person in Pavilion whom he'd been ordered not to contact.

A wire is reported down and arcing in the area of 229 South Swan St., Batavia.

City Fire is on scene.

National Grid has been notified.

UPDATE 8:54 a.m.: A fire captain requests that National Grid expedite its response because "we have a tree on fire here." National Grid ETA is five minutes.

UPDATE 8:59 a.m.: National Grid is heading down to Ellicott Street to cut the power.

UPDATE 9:15 a.m.: National Grid reports more than 600 customers are without power in the area around South Swan.

UPDATE 9:28 a.m.: Fire is out. Engine 12 returning to quarters. National Grid still on scene.

UPDATE 9:38 a.m.: National Grid now estimates 320 customers are without power.

UPDATE 10:21 a.m.: 113 customers now without power.

UPDATE  11:34 a.m.: Guess I should have gone out to this one for some pictures. It sounds like it was far more interesting than came across on the scanner. The tree was burned pretty good. The pavement literally melted clear through under the wire. Water evaporated as soon as it hit the spot, I'm told. The cause of the downed line? Unknown. Possibly a limb fell on it.  It was a very old line.

UPDATE: Photo submitted by Laura Mullen.

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WRGZ out of Buffalo broadcast a story about the gulls at Latina's.

UPDATE: The Democrat and Chronicle has also posted a story.

After this afternoon's minor accident on East Main Street, I was tipped to stick around  -- there might be a field sobriety test about to take place. So I did.

The test was administered by Officer Chris Camp. The name of the subject is not yet available.

It begins, above, with a pat search of the subject. ...

Instruction, walk a straight line touching ...

... heel-to-toe ...

More pictures after the jump:

walk heel-to-toe ...

... and turn around (just after this shot, the subject literally threw up his hands and stopped the test) ...

Stand with your arms to your side holding up one leg (Officer Camp is now joined by Officer Eric Hill and rookie Mark Lawrence) ...

The eye test, or officially known as the horizontal gaze nystagmus ...

... cuffed ...

A fender-bender with minor injuries is reported in front of City Church on Main Street in Downtown Batavia.

The roadway was blocked temporarily. City fire responded and an ambulance, non-emergency response.

UPDATE 5:09 p.m. (by Howard): It was a minor accident, but there was an arrest following it. I'll post pictures in a separate post shortly.

You may seen firefighters around town in pink T-shirts over the next week or so. It's not the new team color. After the wife of a firefighter was diagnosed with breast cancer, the entire department agreed to start wearing pink T-shirts as a sign of support. It's also turned into a fundraiser.

Members of the department will be at Thursday's Batavia Muckdog's game selling pink T-shirts with the Batavia City Fire Department logo on the front for $10 each. The proceeds will benefit Genesee Caner Assistance.

Pictured from left are, Rich Stefani, Mike Morris, Jeff Stevens, Bill Hilchey and Frank D'Angelo.

More than two dozen second- through sixth-graders are participating in a five-week long lacrosse clinic at John Kennedy School under the guidance of Joe Husser, a program assistant for lacrosse at Batavia High School.

Husser explained that while many schools in the Rochester area start developing players as young as 5, Batavia players have traditionally not started learning the game until middle school.

Lacrosse was invented by Native Americans and has huge regional appeal in some parts of the country, such as Upstate New York, but has yet to gain a national following.  Interestingly, the Iroquois are being barred by the United States from playing in the world championships in London because for the first time the State Department isn't recognizing the Iroquois passport.

More pictures after the jump:

Charles Anthony Piazza, 52, of Cherry Laurel Circle, Webster, is charged with harassment, 2nd. Piazza is accused of punching another driver three times in the face during a road-rage incident in the area of 6168 Route 19, Bergen, at 11:34 a.m., Monday.

Matthew Scott Williams, 22, of Hundredmark Road, Elba, was arrested on a bench warrant out of Town of Elba Court. He was jailed on $3,000 bail.

Alanna Marie Whelan, 20, of 25 Bacon St., Apt. A, Le Roy, is charged with unlawful dealing with a child, 1st. Sgt. Micaheal Hare responded to a noise complaint at Whelan's apartment at 1:15 a.m. and allegedly found that she served alcohol to two individuals under 21.

Kristopher Jon Ayers, 25, of Spring Street, Caledonia, is charged with criminal possession of a weapon, 3rd, and criminal possession of a controlled substance, 4th. Ayers was stopped in the Village of Le Roy by Deputy Joseph Graff in relation to an  arrest warrant on a misdemeanor charge of harassment, 2nd. Ayers was allegedly found in possession of five sets of brass knuckles and a quantity of hashish.

Luke W. Ritzenthaler, 27, and Amy L. Ritzenthaler, 26, both of Batavia, were both charged with unlawful possession of marijuana. They were stopped by State Police on Route 33 in Batavia at 5:34 p.m., July 4. No further details were released.

Floyd B. Eldridge, 53, of Pavilion, is charged with unlawful possession of marijuana. Eldridge was cited by State Police at 7845 Broadway Road, Pavilion, at 3:52 p.m., June 24.

BATAVIA, NY -- The gulls roosting atop Latina's may be noisy, stinky and prone to poop on anything and everything, but they are not a public health hazard, according to the County Board of Health.

Board President Mary J. McJury notified BID Director Don Burkel of the board's finding in a July 7 letter.

"Although the Board of Health empathizes with the current situation, it was the board's determination, following careful review of the investigation, that this situation does not constitute a public health nuisance."

The Latina's building was condemned last week by the city for allegedly unsanitary conditions.

LKLWL Properties, the building's owner, has been summoned to City Court on July 23 to answer a complaint by the city that the company has failed to deal with unsanitary conditions on the property.

In her letter, McJury notes that the Herring Gulls are attracted to the Latina's roof because it is flat, warm and protected from harassment and predation.

"It is a short flight for them to feeding opportunities in the agricultural land surrounding the city," she wrote. "They are omnivores and eat anything from garbage to berries."

She said the actual issue with the property appears "to be property maintenance and aesthetic in nature."

She notes that the New York Department of Health issued a report finding no negative human health issues associated with Herring Gull populations.

Also, to date, there have been no reports of illnesses related to Batavia's gull infestation.

There's more than a property line that separate Ron Graziaplena and Cheryl Collins. There's 30 years of neighbor disputes, and now that Collins wants to sell her property and move away, she's even more concerned about what Graziaplena does outside his house.

Graziaplena, a former truck driver, builds things in his front yard, has a row of tomato boxes along his driveway, a boat parked on the grass of the north side of his house, and he's keeping 18 mallard ducks in his back yard.

"My home is assessed at $80,000," Collins said. "The last real estate agent I had over said I probably couldn't get $50,000 for it."

The dispute will land Graziaplena in City Court on July 23. He is accused by city inspectors of keeping his yard full of debris, trash and junk, and of keeping the ducks in unsanitary conditions.

On April 26, 2001, Graziaplena was granted a variance to keep 10 water fowl on his property. He is allegedly in violation of the variance. The city says he has 19 ducks. Graziaplena says he has 18.

The variance, reportedly, also doesn't allow mallards.

Graziaplena said he's kept dozens of different varieties of ducks over the years, and that he wasn't aware the variance allowed only certain breeds of ducks, and besides, what's the difference?

"They’re pets," Graziaplena said. "People have dogs and cats. I have ducks. I ‘ve always been fond of ducks and geese -- waterfowl."

He said he got his first duck when he was 2 years old (his parents moved into 172 Oak St. when he was a year old), and he's pretty much kept ducks ever since -- for 59 years, most of the time living in the same house.

He moved back into his parent's house about 25 years ago, he said, and it's been for close to that long, by his version, that Collins has been complaining about "anything and everything" around his home.

"It's been no picnic living next door to that man," Collins said.

The real trouble started, Graziaplena said, when he let go a young woman that was working for him, helping him with his projects and the care of his ducks.

The woman had become friends with Collins, and Graziaplena accuses Collins of retaliation for letting her go.

"There’s a lot of work around here that needs to be done by a guy, and I’m disabled, so I needed to hire a guy," Graziaplena said.

Collins said the girl wasn't fired, she quit. She couldn't stand, according to Collins, the unsanitary conditions the ducks lived in.

Graziaplena disputes that the ducks are kept in an unhealthy environment. Their water pond is cleaned regularly and they get fresh water daily, he said. It's heated in the winter, they have shelter and plenty of food.

As for the limit on ducks, Graziaplena notes that ducks breed. They lay eggs and produce ducklings. When the young ducks have enough feathers to fly, Graziaplena said, he releases them at a swamp owned by a cousin. He only keeps the 10 adult ducks, otherwise.

The young ducks are usually released in the last week of July.

As for Collins, she said she's about done with the situation.

"I’m ready to walk away from it all," Collins said.

A man wanted from San Francisco to Ithaca was taken into custody in Batavia on Friday after he reportedly left a backpack allegedly containing drugs and stolen items in Walmart.

The backpack was turned over by Walmart security to Deputy Tim Wescott, who located Thomas E. Dodson, 24, of Rochester, at the 48 Deli Express on Park Road.

After searching the backpack, Wescott reported finding drugs, drug paraphernalia, a  stolen credit card, a stolen wallet and several stolen prescriptions.

Upon checking Dodson's identity, Wescott reportedly learned that Dodson had outstanding warrants in San Francisco, Rochester and Ithaca.

Dodson was charged with being a fugitive from justice, criminal possession of stolen property, 4th, criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, criminal possession of a hypodermic instrument, three counts of criminal possession of stolen property, 5th, and criminal impersonation, 2nd.

He was ordered held without bail.

A three-car accident with injuries has been reported in the area of 9 College View Drive, Batavia.

Town of Batavia Fire and Mercy EMS are being dispatched.

Brittany Marie Smith, 18, of Ellicott Street, Batavia, is charged with petit larceny. Smith is accused of shoplifting multiple items from Kmart on Monday afternoon.

Robert Joseph Propst, 30, of Spencer Street, Batavia, is charged with petit larceny. Propst is accused of stealing multiple items from Kmart on Monday afternoon.

With unanimous conscent Monday night, the Batavia City Council agreed to move forward with a plan to provide some tax relief to homeowners who undertake renovations.

In September there will likely be a public hearing on the plan, which will provide a tax credit over an eight-year period on the increased assessed value caused by improvements.

"This is important because, even if you do improvements, the value doesn’t necessarily change, but if the value does change because of that improvement, you can get an exemption on the increase of the assessment," City Manager Jason Molino said.

The exemption is possible by state law, which allows for a municipal government to institute the tax credit. The credit can be spread over eight years, with no tax on the increased assessed value, and 12.5 percent of tax on the increase being added each year.

The homeowner must make at least a $3,000 improvement, and the assessor must find that the improvement, not some other factor, caused the increased assessment. 

"I think this is long over due," Councilman Bill Cox said. "I think it will encourage people to improve their homes and it’s a sign that the City Council wants to encourage people to improve their neighborhoods."

Councilman Frank Ferrando also spoke in favor of the tax exemption.

"I like the idea that it’s the community investing in itself," Ferrando said.