batavia

A two-car accident with injuries is reported in front of Batavia High School, located at 260 State St. in the City of Batavia. City firefighters and Mercy EMS are responding.

UPDATE 3:01 p.m.: A second ambulance is responding to the scene.

UPDATE 3:15 p.m.: A 37-year-old female driver and her passenger are being transported to UMMC with complaints of neck and back pain.

UPDATE 3:23 p.m.: City fire is back in service.

A limo is reported to be on fire at Mancuso Limosines, located at 3959 W. Main St. Road in the Town of Batavia. The limo is at the shop behind the residence. A responder on scene initially reported "nothing showing." But then a limo was found to be on fire inside a structure. "The occupant thinks he's got most of it." He's using a garden hose. Town of Batavia Fire Department is responding.

UPDATE 1:48 p.m.: The fire is out. Units are continuing to the scene is non-emergency mode and they are going to check "to be sure there is no extension (of the fire) in the vehicle."

UPDATE 1:54 p.m.: A thermal-imaging camera is called for.

UPDATE 2:35 p.m.: Town of Batavia Fire Department is back in service.

City fire is being dispatched to the area of 8 Central Ave., Batavia, for the report of an arcing transformer.

It's been a beautiful snowy night so I stopped by Austin Park and took this picture of two trees under one of the lights in the park.

More than 100 brides visited Terry Hills today for a bridal show that featured 33 local vendors, such as Valle Jewelers, Stella's Bridal Boutique, Charle's Men Shop and Sweet Ecstasy Bakery.

It's the second year for the show and Lisa Fickel, marketing manager for Terry Hills, said the number of vendors is three more than a year ago, but the show can't get much bigger (maybe one or two more vendors next year) and she thinks that's a good thing.

"Rochester and Buffalo already had their shows and brides say lines are 12, 14 people deep and a lot of times they can't even get a business card from a vendor," Fickel said.

The show is helping expose local brides to the advantages of shopping locally for their gowns, cakes and accessories, Fickel said.

"People are very surprised to find we have all of this locally," Fickel said. "A lot of brides automatically think they need to go to Buffalo or Rochester for a quality wedding dress or a quality photographer," Fickel said. "They have been amazed to find they can find it all right here."

For a complete list of vendors who participated this year, click here.

A two-car accident with minor injuries is reported at 4029 W. Main St. Road in Batavia. It's in the area of the Marks Trail Motel. One person is complaining of a shoulder injury. Town of Batavia firefighters and Mercy EMS are responding.

When Dennis Taber heard from a friend in another town how well he was doing with a gold, silver and coin exchange business, he decided it sounded like something he should do.

His friend actually invested in Taber's business and helped him open American Trust Gold and Coin Exchange at 239 Ellicott St., Batavia.

"He said it was a lucrative idea and I decided to take a chance on it," said Taber, who has worked for 30 years as an antiques dealer.

The lifelong Batavia resident said he deals in gold and silver, coins and any antiques he thinks he can make a buck on.

One of the Barker Brothers -- the two men charged over the summer with drug crimes and conspiracy to commit murder -- has been arrested again, this time for allegedly assaulting a fellow jail inmate.

Derick W. Barker, pictured left, of Jonesboro, Ga., was charged with strangulation, 2nd, and assault, 2nd.

At 11:54 a.m., Thursday, the 26-year-old Barker was reportedly playing cards with two other inmates of the Genesee County Jail when, for an unknown reason, he got up from the table in the common area, went behind an inmate sitting nearby and allegedly placed a choke hold on him.

The inmate lost consciousness for a short period and jail staff were able to intervene and lock Barker inside his cell.

The inmate was treated at the jail by medical personnel and remains in custody.

Barker was arraigned in Batavia City Court on the new charges and sent back to jail without bail.

On Jan. 19, Derick's brother Justin entered a guilty plea to burglary, 3rd, for a break-in at a restaurant in Darien and an "Alford Plea" on the conspiracy charge.  He is in jail awaiting sentencing.

Steven R. Cox, 29, of Franklin Street, Machias; Jessica A. Cox, 26, of North Union Street, Olean; and, Bonnie J. Bremiller, 33, of 4th Street, Olean, are charged with grand larceny, 4th, and conspiracy, 5th. The trio was arrested at 2:26 a.m., Thursday, following a routine property check by Deputy Kevin McCarthy of Deluxe Machine & Tool Co. at 8825 Route 98, Batavia, which revealed heavy equipment parts were missing. The suspects appeared to have left traveling south on Route 98, and with the assistance of Deputy Howard Carlson and Officer Brian Marceill of the Attica PD, a truck overloaded with metal was located on Route 98 in the Village of Attica. The suspects are accused of stealing $1,500 worth of used heavy equipment parts from Deluxe Machine & Tool. Steven Cox was jailed on $20,000 bail. Jessica Cox and Bremiller were given also jailed and bail was set at $10,000 each. Sgt. Brian Frieday and Deputy John Weis also assisted in the investigation.

Christopher J. Fiorentio, 21, of 622 Four Rod Road, Alden, is charged with petit larceny. Fiorentio is accused of shoplifting from Dollar General. Fiorentio allegedly fled from the store when confronted and was located by Batavia PD a short distance from the store.

Raymond Paul Boskat, 38, of Dorwood Park, Ransomville, is charged with criminal possession of a forged instrument, 2nd. Boskat is accused of presenting a legitimate NYS prescription form containing forged information to obtain Oxycodone from the Kmart pharmacy.

Joel Brent Zajaczkowski, 18, of Main Street, Alexander, is charged with criminal mischief, 4th. Zajaczkowski is accused of damaging flowers and a flower urn at Alexander Central School.

Brendan Curry found a brown and white beagle-pitbull mix in his yard this morning and is hoping the owner will come forward.

He said the dog showed up on his porch after he let his own dogs in.

He lives on Batavia Elba Townline Road between State and Bank.

Brendan can be reached at (585) 219-4861.

A convicted sex offender who was charged with new crimes a year ago was found guilty by a jury Wednesday of four counts of sexual abuse in the first degree.

The jury found that in two separate incidents, Anthony P. Dioguardi, 28, a resident of Wyoming Correctional Facility, used force to have sex with a child age under age 11.

Following jury selection Monday, the trial took place Tuesday. The jury deliberated for 90 minutes Wednesday before finding Dioguardi guilty on all four counts.

Statement from District Attorney Lawrence Friedman:

Needless to say, these terrible crimes involving the sexual abuse of children are usually committed outside the presence of any other witnesses and, more often than not, there isn't any medical, physical or scientific evidence. Therefore, it is reassuring to see that convictions can be obtained when a brave child, like the victim in this case, comes forward and credibly testifies before a jury and sees that justice can be achieved.

UPDATE: Dioguardi is facing up to 14 years in prison, though his sentence could be concurrent with the time he is currently serving. Sentencing is scheduled for 1:30 p.m., March 21.

We've heard for some time that while PepsiCo is paying for grading for a possible construction of a food processing plant in Batavia, the same work is "being done in three other locations."

One of those locations is in Avon, and as WHAM13's Sean Carroll discovered yesterday, no site work is taking place in Avon at all.

At the same time, however, the economic development directer in Livingston County says the site is much closer to being "shovel ready" than the Genesee Valley Agri-Business Park. His park, he said, doesn't need a USDA grant for sewer and water because it already has all the infrastructure in place.

"If they chose this site, and we made it very clear, literally they could plug in and all the utilities are in the ground and there's no infrastructure needed here or at the sewage treatment plant," Rountree explained

While Genesee County clearly has the lead in the race to land the project, Livingstone County isn't giving up.

The support of a U.S. Senator and the fact that dirt is actually being moved at the Batavia site appears to indicate Project Wave’s final destination may only be a formality at this point in the process. Yet Rountree and his team are staying optimistic after an aggressive pitch that included top representatives from Barilla.

Either way, regional dairy farmers will be pleased with either outcome.

"I think for the dairy industry in this area specifically it spells a good feeling about long-term stability," Coyne explained. "To have end-product manufacturing this close, it just adds to the confidence that we can invest in our own farms long-term and be able to be in business."

The other two supposedly competitive sites are in Pennsylvania. A contractor familiar with the project told me some time ago that those sites are graded and have infrastructure in place, but we currently have no way to confirm that assertion.

Press release:

Today, Senator Charles E. Schumer called on the U.S. Department of Agriculture to provide several hundred thousand dollars in federal funds for sewer and water infrastructure work to prepare a Genesee County site to host a massive food processing plant.

Build out of the new plant will occur in two phases and could bring hundreds of jobs to Genesee County over the next several years. The Genesee County Economic Development Center is currently preparing a site to host a 363,000-square-foot manufacturing facility, capable of hosting 300 to 400 jobs just three years after it is completed.

The GCEDC is currently finalizing a contract with a food producer for the site, and is seeking federal funding to cover part of the costs of infrastructure improvements to ensure that the site is compatible with the needs of the food company. Today, Schumer called on Secretary of Agriculture Tom Vilsack to provide $300,000 to $500,000 in USDA funds for several projects that will ensure the site is ready to serve as a major job creator in Western New York.

“This massive plant could be a game-changer for Genesee County and Western New York,” Schumer said. “We can’t let inadequate sewer systems and wastewater lines, stand in the way of jobs. The USDA should realize the massive potential this project has and provide the seed funding that will help grow jobs and economic prosperity in the county.

"The funds are there to spur development and USDA would be hard-pressed to find a better return on their investment than this new plant. Secretary Vilsack should do the right thing and help us make these infrastructure improvements as quickly as possible to ensure that we don’t miss out on a chance to bring hundreds of good-paying jobs to Upstate New York.”

To ensure the site is ready to host the manufacturing plant, GCEDC must complete $1.8 million in infrastructure upgrades to the site. These upgrades include the construction of a second access road into the park, the addition of a new turning lane and road re-striping at the site’s main entrance as well as up to $500,000 for wastewater and sewer pump station upgrades. The GCEDC is seeking $300,000 to $500,000 in USDA rural development funds to complete these upgrades.

With Schumer’s encouragement and support, GCEDC plans to apply for funding through the USDA Rural Business Enterprise Grant Program. The application is due to USDA in April and funding would be awarded in June. Schumer noted that in 2010, Genesee County applied for and won over $200,000 under this program to build out sewer infrastructure to land the Alpina Yogurt Plant, which will serve as another major job creator for the county.

Schumer is pushing the USDA to help Genesee County build on this success by providing funding that will help the county ensure that the site is prepared to host a major food manufacturer in the months ahead.

In his letter, Schumer wrote, “Simply stated, securing USDA funding to complete these new upgrades will bring this $247 million project and its associated 300 jobs to Batavia, NY. As such, and with my full support and encouragement, GCEDC is submitting an application for Rural Development funding by the April 2012 application deadline.

“Funding this upgrade will create an enormous return on investment. Already New York’s rural and agricultural regions are quickly becoming centers of tremendous job growth due to the rise in yogurt and other food processing. This new food processor will join the ranks of the 900-employee Chobani Greek Yogurt manufacturing facility in New Berlin, NY, the 240-employee Fage plant in Jamestown, NY, and the 50-employee Alpina yogurt facility in Batavia, NY.”

CLARIFICATION: Rachael J. Tabelski, with GCEDC, said the USDA grant is intended to fund sewer improvements. Needed upgrades at the site include a secondary roadway and aquifer water.

Previously:

• Likely buyer for 'Project Wave' plant is PepsiCo
• Expert: Batavia poised to become yogurt capital of Northeast

Tesla R. Greck, 20, of 134 Liberty St., Batavia, is charged with falsely reporting an incident, 3rd, and offering a false instrument, 2nd. Greck is accused of falsely reporting that her ex-boyfriend violated an order of protection.

Gregory Seppe, 53, of North Spruce Street, Batavia, is charged with criminal possession of stolen property, 5th. Seppe was arrested at 8:44 p.m., Tuesday, for allegedly possessing several prescription medications that were reported stolen by the owner of the prescriptions.

Jonathan Donnie Laverne, 47, of Council House Road, Alabama, is charged with assault, 3rd, unlawful imprisonment, 2nd, and criminal mischief, 4th. Laverne is accused of biting the face of another person during a domestic incident Jan. 17. Laverne allegedly took the mobile phone of the person and prevented the person from leaving or calling for help. Laverne was jailed on $5,000 bail.

Gregory Seppe, 53, of North Spruce Street, Batavia, is charged with five counts of criminal possession of a controlled substance, 7th. Seppe was arrested following a report at 10:22 p.m., Monday, of a man causing a disturbance at the Arrow Mart store on Clinton Street Road, Batavia.

Andrea Linda Kempisty, 23, of Lovers Lane Road, Pembroke, is charged with DWI, driving with a BAC of .18 or greater, failure to stop at stop sign, failure to yield right of way at stop sign and moving from lane unsafely. Kempisty was stopped at 2:17 a.m. Monday on Route 5, Batavia, by Deputy James Diehl.

A suspected crack dealer from Rochester was taken into custody Monday on Buell Street by members of the Local Drug Enforcement Task Force.

Nekia "Nick" Newton, 35, of Duran Street, Rochester, was allegedly found in possession of a quantity of crack cocaine.

He was charged with two counts of criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 3rd, and aggravated unlicensed operation, 3rd.

Following arraignment in Batavia City Court, Newton was jailed without bail.

Task force members located Newton's car on Buell and as they approached, he reportedly got out of the vehicle and started walking toward a residence.

Newton was reportedly wanted on a pending charge of selling crack cocaine.

Assisting in the arrest were the Batavia PD and Sheriff's deputies.

Batavia City Council members deserve a pay raise, veteran Council Member Rose Mary Christian said to kick off Batavia's budget session Monday night, according to WBTA.

Christian, who represents Ward Six, didn't say how much the raise should be and apparently there wasn't much support from the nine-member council, which includes six new members.

Currently, council members are paid $2,000 per year.

The council is reviewing a proposed budget that would raise property taxes 4.2 percent and also increase water rates and fees more than $13 a year for the average customer.

Top executives from Alpina Products were in Batavia on Monday touring the site of their future Greek yogurt plant in the Genesee Agri-Business Park, and they heard from Jim Billington, project manager, that construction is right on schedule.

A mild winter has certainly helped, Billington said.

"We've been pouring concrete every day, and according to some of the locals, that's quite unusual," Billington said. "We've been trying to take advantage of that."

CEO Julian Jaramillo (top photo, left) was all smiles during the tour and nodded enthusiastically when Managing Director Carlos Ramirez (top photo, right) said they consider it a good sign that Project Wave is under construction (The Batavian has previously reported Project Wave appears to be the work of PepsiCo).

"It says we made a good decision in coming here," Ramirez said.

He added that with the milk supply, the transportation, the labor pool and now the chance to be in a location with a complimentary business will only benefit Alpina and could lead other yogurt makers to come to the same conclusion.

"I think developing a yogurt cluster is a really good idea – the Silicon Valley of yogurt," Ramirez said.

With Jaramillo and Ramierz was Alpina' Colombia General Manager Ivan Lopez, who was seeing the location for the first time.

"It’s going to be great," Lopez said. "We have a huge operation in Colombia and when I see this, we can see the future in United States. I think we can do good things here, just like in Colombia."

The 40,000-square-foot plant should open in early spring and initially employ 50 people, with the first shipment of product going out in June.

Ramirez said Alpina remains excited about the opportunity to sell Greek yogurt in the United States.

"It’s one of the few categories where America is an emerging marketing," Ramirez said. "It's grown like crazy over the past three or four years and we think there is still room to grow."

For previous Alpina coverage, click here.