batavia

Deputy Tim Wescott spent a few hours at Target on Saturday creating ID cards for children. The session includes getting their weight and height, getting fingerprints and snapping a picture. The parents receive (within seconds) a plastic, driver's license type of card with the identifying information of their children. The information is kept on file by the Sheriff's Office should it ever be needed to help identify the child in a crisis.

Wescott and other members of the Sheriff's Office have been out at many community events providing the ID service. Wescott said being in a retail store was the first time they had tried it in such location and he said the first couple of hours were pretty busy.

A tractor-trailer fire has been reported on the Thruway in the area of mile marker 389.8.

The driver reported engine trouble. The turbo was revving fast and he was unable to power it down.

The fire is contained to the engine compartment at this time.

Unknown what cargo the truck is hauling.

Town of Batavia Fire Department responding.

UPDATE 9:17 p.m.: The location is just west of the State Street overpass. The visible fire is out. The driver reports the engine has seized up. The truck is hauling welding rods.

There is report of smoke in the hallway of an apartment at 106 State St.

City fire responding.

UPDATE 10:58 p.m.: Burnt food. City fire back in service.

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Jon "Bowzer" Bauman, star of Sha-Na-Na, stopped by 400 Towers on Friday evening to talk with residents about Medicare, Social Security and his career in music and television.

Though Bauman's appearance was sponsored by Kathy Hochul, his talk was pretty non-political. Bauman mostly stuck to the facts of the programs and proposals, at least as he sees them.

Above, Bea McManis escorts Bauman into 400 Towers as Bauman displays Bowzer's trademark muscle flex.

After 17 years of selling and servicing farm equipment at 5563 E. Main St. Road, Batavia, Empire Tractor (former Tri-County Tractor at that location) is moving into a much bigger space about a mile down the road.

The move will allow the company to expand its main building from 8,400 sq. ft. to 22,000 sq. ft., according to company president Tim Call.

"The thing is, farm equipment is getting much bigger," said Call, one of six owners of Empire Tractor, which has locations throughout Western New York. "We couldn't even get some of it into our shop."

The new shop will allow for more repairs to be handled simultaneously and for the bigger equipment to be worked on no matter what the weather.

In anticipation of the move, Empire Tractor has hired three more employees and will hire two or three more after the move is completed.

The new location, formerly a Ford dealership owned by Mike Ognibene, is 5.5 acres and includes two additional buildings (matching in size and function to the buildings at Empire Tractor's current location).

The contiguous space will allow Empire Tractor to consolidate its display and parking space on a single lot. At the current location, for example, some new equipment for sale must be parked across a very busy Route 5.

"This is a lot nicer," Call said. "It's all one side of the road, all blacktop, cleaner, neater. This is a lot nicer."

The location is a bit of a homecoming for Call. One of the buildings on the lot is where his father opened Batavia Farm Equipment in 1960.

Call acquired Tri-County Tractor 17 years ago and eventually merged his company with other farm equipment outlets to form Empire Tractor.  

He is anticipating a big year for Empire Tractor. With corn going from $3 a bushel to $7 and milk from $12 to $19, Call said he anticipates the market for farm equipment will increase. He said the company anticipates a 20 to 25 percent increase in sales.

A reward offered for the arrest the person suspected of tagging downtown buildings won't be collected because none of the tips that led to the arrest of an Albion man came from people who seemed aware of the reward offer.

In fact, the primary witness in the case wasn't even somebody who came forward, according to Det. Todd Crossett.

Police found the witness through a tip from a community member and made the arrest after getting a statement from the witness, Crossett said.

Taken into custody Wednesday evening was Mark Shareiko Jr., 23, of 413 W. Bank St., Albion.

While Shareiko wasn't living in Batavia at the time of the alleged tagging, around Feb. 15, he was spending a lot of time in town at the time, according to Crossett.

While graffiti can be associated with gang members, Crossett said Shareiko has no known gang affiliation.

Ken Mistler, a downtown business owner who offered a $500 reward for information leading to the arrest and conviction of the tagger, said that even though no reward will be claimed, he's glad a suspect was caught.

"I'm glad to hear it," Mistler said. "It's too bad it didn't happen sooner."

Even though none of the community members who offered information in the case mentioned the reward, Crossett said, "I'm sure they would all be interested in the reward."

Mark Shareiko Jr., 23, of 413 W. Bank St., Albion, is charged with six counts of making graffiti. Shareiko was taken into custody Wednesday and accused of tagging several downtown businesses on Feb. 15. Det. Todd Crossett requests any other downtown business owners who wish to press charges call him at 345-6353.

Francis Carr, 50, of Washington Avenue, Batavia, is charged with obstructing governmental administration. Carr was also arrested on a parole warrant. NYS Parole officers located Carr on Washington Avenue near Willow Street and allegedly observed Carr flee into a residence on Washington Avenue. Batavia PD and Deputy Chris Parker responded. As Parker arrived on scene, he observed the suspect attempting to exit from a second story window. Parker established a perimeter with the assistance of Officer Jay Andrews. After an extensive search of the residence by parole officers and Lt. Eugene Jankowski, Det. Todd Crossett and Det. Kevin Czora, Carr was located by Officer Dan Coffey hiding underneath the porch. Carr was jailed without bail.

Gregory Joseph Warfle, 41, of Chapel Street, lower, Elba, is charged with assault, 3rd, and endangering the welfare of a child. Warfle is accused of striking his 15-year-old son several times in the face with his open hand during a domestic dispute. The alleged incident took place in the presence of his 8-year-old daughter. Warfle was jailed on $1,000 bail.

A 16-year-old resident of Transit Road, Elba, is charged with harassment, 2nd. The youth allegedly threw a pair of glasses at another male striking that person on the side of the neck during an argument. 

John Terry Boyce Jr., 22, of Maple Avenue, Oakfield, is charged with criminal contempt, 2nd. Boyce is accused of sending text messages to his estranged girlfriend in violation of an order of protection.

Justin Robert Dunn, 20, of Indian Falls Road, Akron, and Jennifer Marie Dauer, 36, of North Lake Street, Bergen, are charged with nine counts of grand larceny, 4th, and petit larceny. Dunn and Dauer are accused of purse snatching at 4133 Veterans Memorial Drive at 2:30 p.m., May 12. For Dunn, bail was set at $10,000 and bail for Dauer was set at $5,000.

A Level 3 sex offender accused of sexually abusing a child under 11, less than four months after being released from prison, turned down a plea offer today that would have given him the minimum sentence available under statute.

Ronald Smith, 18, last of 679 E. Main St., Batavia, turned down both plea offers.

Smith is charged with three counts of sexual abuse and failure to register a change of address.

The two sets of charges have been separated and today was the plea cutoff for the failure to register charge.

By turning down the plea offer, Smith will go to trial on the failure to register charge on June 20.

The offer was for one-and-a-half to two years in state prison on the failure to register charge and five years minimum on the sex abuse charges with the sentences served concurrently.

After Smith's attorney, Public Defender Gary Horton, told District Attorney Lawrence Friedman that Smith wouldn't accept the offer, Friedman offered one-and-half to three years on the failure to register charge.

Today, Smith turned down that offer with an admonishment from Judge Robert Noonan that once he walked out of the court there would be no second chance to accept the offer. His case would proceed to trial.

No court date has been set yet for the sexual abuse charges.

• Level 3 sex offender accused of sexual contact with a child in the city
• Level 3 sex offender out of prison less than four months before new allegation
• Grand Jury Report: Level 3 sex offender indicted on new charges
• Level 3 offender pleads not guilty to new abuse charges

Up until January, Genesee County's Job Development Bureau was the lead agency on a lease for office space at the corner of East Main and Clinton streets, but with funding for the bureau getting less certain, director Scott Gage asked the NYS Department of Labor to take over the lease.

A new lease was negotiated, but still hasn't been approved by the state, so the landlord hasn't been paid since February, according to Gage.

"It's not a good situation," Gage told the Ways & Means Committee today.

It's unclear when or how the situation will be resolved.

A special use permit and site plan were approved for a proposed Holiday Inn Express on Tuesday night by the Town of Batavia Planning Board and a spokesman for the hotel owner said the only step remaining is to secure a building permit.

However, an attorney for a group of hotel owners who oppose the project say the fight isn't over.

Attorney Thomas Warth said the conditional use permit may not be valid because for approval, a project on this particular piece of property must be compatible with an industrial park, not overly increase traffic on local roads and not be on a road ill-suited to retail operations.

“It fails on all those counts," Warth said.

But with the approval in hand, Buffalo attorney Corey Auerbach said his client is ready to apply for a building permit and start construction in June.

There had also been objections raised about the lack of a left-turn lane on Route 98, but Kenmore-based architect Mark Tiedemann said the turn lane is not required.

"We have a credible expert who says it’s not a requirement and doesn’t need to be mitigated at this time," Tiedemann said. "There was a traffic report done in 2007 that said no turn lane was required and there's been nothing added (to the complex) since then."

Warth said the site plan is also open to challenge because it shouldn't have been approved without a variance for parking.

"I think this planning board approval is invalid until they address the parking issue," Warth said.

As for next steps, Warth said he would rather not take the matter to court, but instead try to talk the matter through to a suitable resolution.

"Right now their approval is very vulnerable if it were to go to a court action, but I’d rather save the time and money and address it by having them do the right thing at the board level," Warth said.

The Holiday Inn Expres, being developed by Michael Patel, would add 80 rooms to the current hotel stock and the other owners say they already have too many vacancies.

Tiedemann said he's been involved with previous hotel projects in the area and each time one comes up, the occupancy rate is about the same as it is now, and after each new hotel is built, it doesn't go down. He also noted that in the past two years, two hotels have changed hands.

"I know all of the Patels and they don't invest in things that lose money," he said.

The Children's Charity of Buffalo & Western New York in cooperation with FreedomConcepts donated an adaptive bike to Genesee ARC on Tuesday that will allow Genesee ARC members with special needs to ride a bike, many for the first time.

The bike is valued at $3,700.

Pictured are Riley, 14, Ken Scibetta, Donna Saskowski, Todd Owlet, Nicole, 14, and on the bike, Wesley, 15.

Lisa Barrett, of Batavia, is very grateful to everyone who voted for her song in the international contest, "Best Original Song." Thanks to her voters, she has made it to round four and is now a top 12 finalist.

Voting for this round starts at 8 p.m. on May 23 and runs through May 30. To vote, follow these simple steps:

1. Go to www.bestoriginalsong.com

2. Click on either of the two bars on the homepage that read "Click Here to Listen."

3. Select Show #1 -- May 23rd Show Date

4. Vote for and/or download "When You Look at Me."

This information was submitted by Barrett. If she makes it to the next round, she will be one of six finalists and have only two more rounds to go before she wins the competition.

See the April 29 article, "Batavia singer/songwriter has high hopes for very personal song," for previous coverage.

Nearly 250 people braved a little wet weather this morning to show up at Dwyer Stadium to kick off the Day of Caring, sponsored by United Way.

The event sends people out into the community to perform a variety of volunteer tasks for nonprofit organizations, such as painting, cleaning, gardening and minor construction projects.

The organizers this year are (in no particular order): Jamie Rada, Chris Fix, Jane Scott, Susie Boyce, Debbie Fischer, Theresa DeMars, Lori Stupp, Shelley Fallitico (not pictured), Dave Cecere, Katie Betters, Scott Neff, Sue Boss, Carol Boshart, Jay Gsell, Erik Fix, Susan Schuler and Donna Saskowski.

A car has reportedly struck at pole in the area of 128 Vine St., Batavia.

If there are injuries, they are apparently minor.

No wires are reported down.

City fire and Mercy EMS asked to respond non-emergency. City police are on scene.

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A Batavia man is accused of entering the home of a friend on Washington Avenue and trying to steal booze, and when confronted, the man allegedly returned to the house with a shotgun.

Taken into custody early Sunday morning was Andrew J. Rock, 24, of 206 State St. Batavia.

Rock is charged with burglary, 2nd, criminal possession of a weapon, criminal criminal use of a firearm, 2nd, and menacing, 2nd.

According to Batavia police, Rock entered the home on Washington Avenue, took alcohol and then was confronted by the resident outside. The resident retrieved his property.

A short time later, a little before 1 a.m., Rock allegedly returned to the residence and knocked on the door and when the resident opened the door, Rock was standing on the porch holding a shotgun.

Rock fled the scene before police arrived and was arrested at his house soon afterward.

He was jailed without bail.

Reader Doug Veltz submitted pictures of this morning's one-car accident on Union Street. At this point, we have no further information on the accident (initial report).

Eric J. Bratcher, 22, of North Street, Le Roy, is charged with disorderly conduct. Bratcher is accused of shouting numerous profanities while outside a residence. At the time, there were many other individuals, according to Le Roy police, who were capable of overhearing the vulgar language Bratcher was allegedly using.

Ryan Thomas Covell, 20, of Polish Place, Buffalo, is charged with unlawful possession of marijuana. Covell was allegedly found in possession of a partially smoked marijuana blunt during a traffic stop on Route 63 in Pavilion at 11:35 p.m., Friday, by Deputy Chad Minuto.

Kenyon Hanks Barnes, 26, of Clinton Street, Batavia, and Lisa Marie Horn, 21, of Clinton Street, Batavia, are charged with endangering the welfare of a child and unlawfully dealing with a child. Barnes and Horn are accused of providing alcohol to a 17-year-old girl while at their residence, 5100 Clinton St., Lot #4.

Stephany Marie Demorcy, 21, of East 161 St., Bronx, is charged with petit larceny. Demorcy is accused of shoplifting at Walmart.

Mazariegos Rene Roblero, 26, of McGregor Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, failure to dim headlights, unlicensed driver and unsafe tire. Roblero was stopped at 2:20 a.m., Saturday, on Main Street, Village of Oakfield, by Deputy Patrick Reeves.

Timothy Wood, 22, of North Spruce Street, Batavia, is charged with harassment, 2nd. Wood is accused of threatening to harm a woman.

Woodrow C. Horseman, 35, no permanent address, is charged with petit larceny. Horseman is accused of shoplifting from the Wilson Farms on East Main Street, Batavia. He was jailed on $2,500 bail.

A vehicle that came off the Thruway apparently spilled diesel fuel on Park Road from Route 98 to Veterans Memorial Drive.

A caller reported that the spill made the road slick, "like ice."

A trooper checked the scene and confirmed the spill and the slickness.

DPW is being dispatched to deal with the situation.

UPDATE 11:45 a.m.: It sounds like a trooper has tracked down the vehicle causing the spill.

UPDATE 11:46 a.m.: Apparently, the truck was heading onto the Thruway. The vehicle has been located about six miles down the Thruway. It has a broken fuel line. The trooper on scene reports the Thruway entrance was also slick.

A car has reportedly struck a utility pole in the area of 8 Union St., Batavia.

No injuries are reported.

The pole is down. Unknown hazards.

City fire dispatched.

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A power pole is reportedly sparking in the area of 266 Bank St., Batavia.

City fire responding.

UPDATE 8:21 p.m.: National Grid being notified. Pole #40 is arcing intermittently.

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