batavia

An ATV was reportedly struck by a bullet from a high-powered rifle while it was being driven near the railroad tracks off Wortendyke Road in the Town of Batavia. A caller who lives on Wortendyke reported seeing the shooter running toward a nearby trailer park. Law enforcement is attempting to locate the shooter.

UPDATE 4:43 p.m.: Deputies have located the suspect and are speaking with him now.

After years of cramped quarters in their office on Washington Avenue, Batavia, Creamy Creations cut the ribbon today on their new space in Masse Gateway.

The company now has 7,000 square feet for its laboratory, storage and offices to serve customers throughout the Western Hemisphere.

"We’re definitely optimistic about the future," said Barbara Van Hoorn, VP of the Americas for Creamy Creations. "There’s room to grow and we anticipate hiring more people in the future."

Creamy Creations is a subsidiary of FrieslandCampina, which is based in the Netherlands. Three FrieslandCampina executives were in Batavia for the ribbon cutting, including Roelof Josten, COO of FrieslandCampina (above, Van Hoorn and Josten perform the ribbon cutting).

Currently, Creamy Creations employs nine people in Batavia, with a 10th person starting next week and immediate plans to hire another sales person.

The company creates emulsified beverages, both containing alcohol and nutritional drinks. Many of its drinks are created for and in cooperation with O-AT-KA.

Van Hoorn said the company was created after Bailey's introduced Irish Cream in 1974 in response to customer requests to develop similar products. The company moved from Wisconsin to Batavia in 1993, in part to be closer to O-AT-KA. It now services beverage companies from Chili to Canada.

Creamy Creations is Masse's first official tenant. Merrill Lynch is expected to open an office in the redevelopment project by the end of the summer. Owner and manager Tom Mancuso said Mancuso Development Group is in active negotiations to fill the remaining 48,000 square feet.

Steven Alexander, from the Netherlands, is managing director of Creamy Creations.

Tom Mancuso

Kate Elizabeth Brozic, 29, of Lake Road South, Brockport, is charged with two counts of bail jumping, 3rd.  Brozic allegedly missed two court appearances after being bailed out of jail. She was jailed on $10,000 bail or $20,000 bond.

Amanda Jane Richardson, 27, of Hillside Terrance, Silver Springs, is charged with a violation of probation. Richardson turned herself in on a bench warrant out of Genesee County Court. Richardson was jailed pending arraignment.

Michael James McCarthy, 24, of Angling Road, Pembroke, is charged with criminal contempt, 2nd. McCarthy is accused of violating an order of protection by contacting the protected party.

Gavin David Laben, 18, of Darien, is charged with resisting arrest and obstruction of governmental administration, 2nd. Laben allegedly resisted arrest while an Erie County deputy tried to take him into custody on an accusation of criminal mischief in Erie County.

Jodee Marie Henderson, 27, of no permenant address, is charged with petit larceny and conspiracy, 6th. Henderson, along with two other individuals, is accused of stealing merchandise from Stan's Harley Davidson on West Saile Drive, Batavia. The suspects allegedly stole $214 in merchandise. Henderson was jailed on $500 bail. Also arrested on the same charges and released were Leaha Rae Anne Wimmer, 19, of Darien, and Nicholas Adam Antonucci, 25, of Alexander.

Nicholas Christian Doell, 21, of Darien, is charged with trespass, operating an unregistered ATV and unlawful operating an ATV on a highway. Doell was arrested after allegedly failing to comply with the instructions of a police officer while allegedly operating an ATV on Norfolk Southern Railroad property in Darien.

Seth Ryan Doster, 20, of Darien, is charged with trespass and disorderly conduct. Doster was allegedly involved in a verbal dispute with a neighbor while on private property. Also arrested on the same charges in connection with the same incident was a 17-year-old resident of Darien.

The issue of overnight parking downtown was put in reverse by the Batavia City Council on Monday, when by unanimous consent members sent it back to where the controversy started -- the BID Parking Committee.

The council was following the recommendation of City Manager Jason Molino, who suggested the parking committee -- which according to him, initially asked for parking restrictions to be enforced -- come up with a compromise plan.

"We want to try and do what’s best for everyone," Molino said. "Sometimes you can’t satisfy everyone, but we’re going to try to. I think the best thing is have the BID parking committee review the issue further and come back with recommendations."

Molino said the situation is a balancing act of various interests. Parking lot clean-up and plowing requires overnight parking be limited and ideally confined to a defined area, and downtown business owners are worried about employees and customers who need to use the parking lot between 2 and 6 a.m. getting tickets.

About a dozen local business owners attended Monday's meeting, along with BID Director Don Burkel.

Burkel informed the council that the BID board met earlier in the day and agreed that overnight parking fees should not be increased.

"In light of trying to promote downtown for residential use, as well as for shopping and restaurants and other various businesses, the board is in favor of avoiding any increases so as not to shortchange (downtown) in any way," Burkel said.

Louis Kingsbury, an employee of Ken Mistler and Jerry Condello, spoke as a representative of local businesses.

Kingsbury listed off a number of concerns: Where are employees supposed to park whose shift ends after 2 a.m. or starts before 6 a.m.? Who's liable when a plow hits a parked car?

"I'm just trying to figure out a solution to the whole scenario so it's feasible for everybody," Kingsbury said.

Condello delivered pages of signatures on petitions of people opposing overnight downtown parking restrictions.

Council members had a variety of initial reactions. John Canale wondered why people pay for parking when they've already paid for the parking lot through their taxes. Jim Russell said some sort of order and structure is necessary to the parking situation.

And if bar patrons decide not to drive home and still wind up getting a ticket, well that's a small price to pay compared to a DWI, Russell said.

Bar owners argue that customers won't necessarily look at it that way, but Molino said there is an application process in place for anybody who gets a ticket under extenuating circumstances.

The fee for the overnight parking permit is necessary, City Attorney George Van Nest said, because there are court cases that prevent government agencies from giving away taxpayer-owned property. A parking spot is a piece of real estate and if you're going to give a person special permission to use the property when others can't, there needs to be a fair-market price attached to that use.

Molino established the overnight parking fee -- which he can set under local law -- at the same rate as a garbage Dumpster fee, under the premise that the fee establishes market value for that much space being used by a private party.

So far, a total of nine overnight parking passes have been purchased by downtown residents. Tickets and fees account for only about $1,000 in city revenue, Molino said.

William Henry Foote, 57, of Myers Road, Oswego, is charged with felony driving while ability impaired by combined drugs and alcohol, felony DWI, felony driving with a BAC of .08 or greater and felony driving while ability impaired by drugs. Foote was arrested after deputies responded at 3:35 p.m., Monday, to a report of a person who said he had burned himself by spilling coffee on his chest. Foote was evaluated by ambulance medics, but refused further treatment. Further investigation by Deputy Joseph Graff and Deputy Howard Carlson led to Foote's arrest.

Russell Hosahi Blumer, 39, of Gillate Road, Alexander, is charged with assault, 3rd, resisting arrest, aggravated DWI and DWI. Blumer was allegedly involved in a motor-vehicle accident on Gillate Road, Alexander, at 4:23 p.m., Monday. Blumer was later located operating a Kubota tractor and was allegedly intoxicated. Blumer was allegedly verbally combative and physically resisting arrest, causing a hand/finger injury to a deputy. The deputy was treated at UMMC and released.

A 17-year-old resident of River Street, Batavia, and a 16-year-old resident of South Main Street, Batavia, are charged unlawful possession of alcohol by a person under age 21. The youths were allegedly found in possession of beer at 11:42 p.m., Saturday, at a location on Lewiston Road, Batavia.

Deidre Roshelle Scott, 25, of an undisclosed address, Rochester, is charged with criminal impersonation, 2nd, aggravated unlicensed operation, 2nd, and inadequate headlights. Scott is accused of giving a false identification following a traffic stop at 2:03 p.m., March 15. Scott's alleged deception was discovered after Scott reportedly failed to appear in court and the person whose identity she allegedly used was issued a summons for failure to appear.

James Thomas Kusmierczak, 27, of Chestnut Street, Medina, is charged with criminal contempt, 2nd, and possession/consumption of alcohol in a motor vehicle. Kusmierczak was stopped for allegedly consuming beer in a motor vehicle. During the stop, Kusmierczak was allegedly found in possession of marijuana.

Jeffery Scott, 29, of Keeney Road, Le Roy, and Adrian James, 32, of East Main Street Road, Le Roy, are charged with trespass and petit larceny. The two men were arrested following a report of people removing property from a local business. When approached, Scott was immediately taken into custody. James was captured after initially fleeing on foot.

Melissa G. Betances, 31, of 180 1/2 Pearl St., Batavia, is charged with operating a motor vehicle while impaired by drugs and moving from lane unsafely. Betances was stopped Monday on Pearl Street by Officer Darryle Streeter.

Josanne Alysse Schultz, 23, of Wolcottsville Road, Akron, is charged with petit larceny. Schultz is accused of shoplifting at Kmart.

Brett Douglas Perfitt, 17, of Bennett Avenue, Oakfield, is charged with DWI, aggravated DWI, consumption of alcohol in a motor vehicle, speed not reasonable and moved from lane unsafely. Perfitt was reportedly involved in a motor-vehicle accident at 2:10 a.m., Monday, on Bloomingdale Road, Alabama.  Perfitt allegedly failed to reduce speed when approaching a curve and traveled off the roadway into the woods. Perfitt said he was not injured in the accident and declined medical treatment. The accident was investigated by Deputy Kevin McCarthy.

There were several Memorial Day observances throughout Genesee County today.  Here are photos from the Genesee County Park, Williams Park, the VA Center, the Bergen parade, the Batavia parade and the St. Jerome's ceremony.

If you're unable to view the slide show below, click here.

To purchase prints of these photos, click here.

A 3-year-old has reportedly been struck by a vehicle at 20 S. Main St. in the city. The location is between Walnut and Pearl streets. City fire is on scene and Mercy medics are responding.

UPDATE 3:05 p.m.: City Engine 12 is back in service.

UPDATE 3:16 p.m.: Minor injuries. The boy was taken to UMMC. Early indications are the family was walking across the street and the boy darted out in front of them.

A young baseball player at Dwyer Stadium took a line drive to the head a few minutes ago and Mercy medics are responding. City firefighters are on scene. The Michael Napoleone Foundation baseball tournament is being played there again today.

UPDATE 1:30 p.m.: The boy is being transported to UMMC. City fire is back in service.

UPDATE 1:36 p.m.: The patient is a 12-year-old boy who was accidentally struck in his right eye with a baseball. He suffered no loss of consciousness and has no nausea, only pain at the injury site, said to be a "4 out of 10."

UPDATE 1:41 p.m.: He has no loss of vision.

The Blue Devils are Class B Section V outdoor track champions for the second season in a row, crushing the competition Saturday in Marion with 131 points.

Second place Aquinas had 72 points.

Individual event winners were:

Eric Williams, pole vault with a 12-foot jump, and 400 hurdles with a new school record of 57.5 seconds.

The boys 4x100 relay was won by Brandon Stevenson, Andrew Budlong, Mitch Noble and Alex Egeli with a time of 45.18.

Damion Reeves won shot put with a throw of 45' 7".

Ty Demmer won the 3,200-meter run with time of 10:15.

T.T. Martinez won pentathlon with 2,611 points.

This is the team's 4th outdoor title, and with a title in indoor track this winter, the Blue Devils now have 18 total track championships in the program's history.

Photos and information submitted by Steve Ognibene.

Coach Nick Burk with Section V track officials.

A switchblade knife accidentally popped open after 44-year-old Batavia man was tackled during a pick-up football game Saturday at Austin Park, cutting a 13-year-old boy behind his ear.

The accident led to Michael A. Wroten, of 8 Edward St., Batavia, being charged with criminal possession of a weapon, 3rd.

Wroten was jailed without bail following arraignment in city court.

The youth was transported to UMMC for treatment.

The charge is a Class D felony, with a sentencing range that goes up to seven years in prison.

Justin Rooney, a deputy supervisor in the Town of Newstead, announced Saturday that he will challenge incumbent Michael Ranzenhofer in the new 61st Senate District.

Appearing in his native Batavia on his second campaign stop of the day, Rooney was surrounded by local Democrats and joined by his wife, Sarah, and his children.

Rooney pledged support for school teachers and to fight unfunded mandates on local governments.

He said he would bring the same spirit of cooperation to Albany that helped the village and town governments in Newstead save taxpayers money on a consolidated court and shared services in the highway departments.

He contrasted that with votes by Ranzenhofer to hold separate state and federal primaries, costing taxpayers $50 million, and Ranzenhofer's vote to create another Senate district.

"At a time when New York is trying to decrease the number of politicians, he's voting to increase the number of politicians," Rooney said.

Rooney knocked Ranzenhofer as an Albany insider and promised that he would never become an Albany insider.

Lorie Longhany, county chair or the Democrats, said Rooney was just the person who could make a difference in Albany.

"He’s really one of us," Longhany said. "He’s a rural guy who understands the rural issues. He’s going to make a great representative."

This weekend, young ball players from throughout the region are in Batavia for the annual Michael Napoleone baseball tournament.

The tournament acts as a fundraiser for the Michael Napoleone Foundation, which provides donations to cancer research, and as a memorial to Michael, who loved baseball.

Michael died in 2006 from Burkitt's lymphoma/leukemia, an aggressive form of blood cancer.

These pictures are from Saturday. The tournament runs through tomorrow.

If you're unable to view the slide show below, click here.

To purchase prints of these photos, click here.

A Plattsburgh school teacher with a passion for troubled youth and for paintball has opened a game facility at the Genesee County Fairgrounds.

Jared Hogle said when there are competitions, teams will travel from all over the region -- from Syracuse, Binghamton and, of course, Rochester and Buffalo, which have a lot of tournament-level players.

"Batavia's centrally located and no more than two-and-a-half to three hours away from any of these places," Hogle said, explaining why he decided to open the facility in Batavia.

For about six years, Hogle has operated the Legacy Paintball Park at the Clinton County Fairgrounds in Plattsburgh.

"It's the third most popular sport in the world now," Hogle said. "Millions and millions of people play it. ESPN broadcasts tournaments, it's live streamed. It's the second biggest alternative sport in the United States."

But the new Batavia park isn't just for tournament players. It's open to any group -- church groups, scouts, bachelor parties, etc. -- they can all rent the facility.

Hogle also hopes the park will become a resource for local youths looking for positive activities.

"Ironically, Batavia isn't much different than Plattsburgh," Hogle said. "I drove around the streets last night and I saw kids walking around with nothing to do."

Kids with nothing to do, Hogle noted, get into trouble, but some of them also develop potentially destructive attitudes.

In Plattsburgh, Hogle has taken to bringing in bands with "positive" messages for the youth.

One band delivered a message about suicide and 150 kids at that show filled out counseling slips seeking follow-up phone calls.

"The kids are hurting, man," Hogle said. "The kids are hurting in school. We’ve had in the last month in Plattsburgh alone, we’ve had three or four people kill themselves. That’s where my passion is, to do the outreach, and if paintball can be a mediator to do that, and we can bring that positive music into the Batavia area, then that's where my passion is."

Hogle said in late summer, the paintball park will be moved to the west side of the fairgrounds, over by a wooded area, and another paintball playing area will be created in the woods.

His dream is that his business makes enough money that he can devote his full attention to it and provide more resources for youth, more positive venues for them to focus their attention on.

"I would love," he said, "if we ever make money, to put in a high ropes course up here and a rock climbing wall, get more people out and show there’s different ways to process troubled times rather just getting frustrated and getting to the point that you’re so depressed you take other matters into your hands."

Hogle anticipates the park being open during this summer's county fair and that there will be demonstrations and equipment rentals for people to try out the sport for themselves.

Contact information for Hogle can be found on his Web site.

About a dozen volunteers associated with the Business Improvement District hit the streets of Batavia today to plant flowers in a series of terracotta planters placed at strategic locations.

The planters are part of an ongoing beautification effort for downtown and in all 14 were purchased and filled with flowers and grasses.

"When you look at Niagara on the Lake, Saratoga, any of those cities, when they have flowers, people do talk about them," said Don Burkel, executive director of BID. "They make people feel better. It also attracts people to come here. They lend a vibrancy to our community."

The planters were placed at the main intersections on Ellicott and Main, as well as some along Ellicott Street, where Burkel said the area could use a little more color.

Above, Marcia Gann and Mary Valle fill a planter at the corner of Main and Court streets.

A Batavia business whose owner previously said he was no longer selling products that had recently been banned by the state, appears to have kept right on selling the product, which he refers to as potpourri, but is also commonly known as synthetic marijuana.

Jason Lang, owner of The Laughing Buddha, at 238 Ellicott St., said today that he is sold out of potpourri, without specifying the time period in which he sold out his stock, and that he will soon offer a replacement product that he believes is 100-percent legal.

On Wednesday, either Lang or a representative of the store posted on the company's Facebook page, "We are temporarily out of potpourri! New merchandise coming soon!"

Sources have told The Batavian over the past few weeks that it was possible to still buy synthetic marijuana at The Buddha. You just had to whisper to an employee, "potpourri."

Lang didn't deny the allegation, but insisted that he is sold out and won't restock because after research and further consideration, he's decided he can't ethically sell products that are potentially harmful to customers.

The new product, which Lang said he found at a trade show in Atlantic City, is entirely natural -- no chemicals, no synthetic cannabinoids (so it's apparently not covered by the NYS Health Department ban), and it doesn't even carry the "not for human consumption" label warning.

"The new product is made from damiana leaf and mixed with an Asian herb," Lang said. "It provides a euphoric feeling, but it is chemical free. It's all natural."

David Whitcroft, interim health department director for Genesee County, said his department had suspicions that The Laughing Buddha was still selling products covered by the health department order, but didn't have proof.

"We haven't been there for more than two or three weeks, but we get lots of complaints," Whitcroft said. "When we go to the store for inspection, there's nothing on the shelves."

The county's ability to enforce the ban is also limited. The only thing local officials can do, Whitcroft said, is notify the state of any evidence of a violation and let the state take it from there.

Jeffrey Hammond, spokesman for the NYS Health Department, said that if the state learns of a store violating the order, it would take the complaint to the Attorney General's Office and the AG would have the power to start a process that could lead to a $2,000 fine per violation.

So far, the state hasn't sought fines against any store owners, but that might yet happen, Hammond said, without specifying any stores that may be targeted for further enforcement action.

Under the order, shop owners could challenge the state's contention that synthetic marijuana is harmful to human health. Four store owners -- none in Western New York -- did in fact seek an administrative hearing on the question, Hammond said. The hearing was held last week but the judge has not yet issued a decision.

Both the Senate and Assembly have passed legislation making synthetic marijuana a controlled substance. The two chambers must now compromise on final legislation to send to the governor for signature.

"We feel that the issue is not one of street sales, but that store owners are making the sales," said Chris Bresnan, spokesman for Assemblyman Kenneth Zabrowski, the sponsor of the Assembly bill. "When store owners realize there is a criminal penalty, we feel they will cease to sell and distribute these products."

If compromise legislation is passed before the end of the session in June, and the governor signs it into law, it would take effect in September.

Kevin Sheehan caught a nice 5-pound bass at Dewitt Park yesterday.

One of Genesee County's most generous residents, a man who has helped numerous families in times of need, is facing a serious challenge of his own.

Don Carroll was diagnosed in April with cancer of the esophagus. He has undergone two radiation treatments, awaits a third, and is about to start chemotherapy.

"Don has supported so many people over the years," said Jerry Foster, his sixth-grade teacher, lifelong friend and helper with Don's various charity efforts, including the annual 5K run and Toys for Kids.

"He's raised thousands of dollars for college scholarships, camp scholarships, Toys for Kids. If everybody could keep him in their thoughts and prayers and do what they can. Don wouldn't ask for that. He wouldn't ask for anything for himself, but he's going to need help, especially when the medical bills start coming in."

There has hardly been a time in Carroll's life that he hasn't helped others. The 1974 graduate of Oakfield-Alabama High School was an orphan who found a home in Genesee County. Shortly after graduation, Carroll starting raising money, a project that continued for 23 years, to send kids to YMCA summer camp.

In the late 1990s, Carroll switched his focus to raising funds for college scholarships and organized annual 5K and 10K runs as fundraisers.

More recently, Carroll has headed up Toys for Kids, a secret-Santa program for the area's children who might not otherwise receive Christmas presents.

In 1997, Carroll was named Geneseean of the Year by the Chamber of Commerce and he was inducted into the O-A Hall of Fame three years ago.

Foster said Carroll remains in great spirits.

"He knows everything is going to work out," Foster said. "He knows he's going to be at the 5K race (this summer). He has a very positive attitude."

Carroll hasn't worked since April 19 and isn't expected to be back on his feet for several more weeks.

Even so, he's continuing to do what he can for Toys for Kids, sending out emails to sponsors and helping to organize run for this summer.

The office at Birchwood Village Apartments, 88 Dewey Ave., Batavia, is selling candy bars for $1.50 as a fundraiser for Carroll and a chicken BBQ is being planned, but no other fundraisers have been set yet, Foster said.

Donations for Carroll can be sent to Jerry Foster at 20 River St., Batavia, NY 14020.

People who would like to know more about Carroll's medical progress can sign up for Care Bridge. Foster asked that visitors sign the guestbook and leave messages, which Foster prints out and brings to Carroll.

"They mean a lot to him," he said.