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Local entrepreneurs plan teen nightclub at former gym location on East Main

By Howard B. Owens

Tim Walton, the 21-year-old entrepreneur behind Top Line Shirt Company, is planning another business venture.

He and a partner, Mike Marchese, are planning to open a teen nightclub at 624 E. Main St., Batavia, in the spring.

The building is owned by Ken Mistler and once housed his gym, which is now located at the corner of East Main and Jackson streets, downtown.

Impulz Teen Nightclub is expected to open in the spring, Walton said.

The space is 7,350 square feet and Walton said it is already well set up for a DJ booth and dance floor.

The club will cater to teens in high school and middle school and be similar to iTeen, a popular nightclub in Buffalo that draws young people from throughout the region.

Walton said he first conceived of the idea when was 18 because he and his friends felt there weren't enough entertainment options in Batavia. But until now, he said, he couldn't afford to open such a venue.

To avoid the need of a loan to fully fund the venture, Walton turned to Marchese as a business partner to help get the doors open.

There will be extensive renovations inside the building before the club can open, Walton said.

Originally, Mistler intended to put a nightclub in the space, Walton said, but Mistler has become busy with his business ventures downtown, which include The Daily Grind, Next Level Fitness and South Beach Restaurant. Mistler has been providing advice and pointers during the start-up process, Walton said.

Police Beat: Batavia resident accused of burglary in Byron

By Howard B. Owens

Nicholas Adkins, 20, of West Main Street Road, Batavia, is charged with burglary, 2nd. Adkins allegedly forcibly entered a house on Swamp Road, Town of Byron, and stole money. Adkins was jailed on $5,000 bail.

A 17-year-old resident of Transit Road, Elba, is charged with endangering the welfare of a child. The youth is accused of becoming physically abusive toward a 14-year-old boy while the boy was in the area of 430 E. Main St., Batavia. The Elba youth may be eligible for youthful offender status.

David Paul Bartholf, 19, Kelsey Road, Batavia, is charged with unlawful possession of marijuana. Bartholf was reportedly a passenger in a vehicle stopped by Deputy Patrick Reeves at 4:58 p.m., Nov. 11.  Bartholf was allegedly found in possession of a marijuana pipe.

Gregory Seppe, 52, no permanant address, is charged with petit larceny. Seppe is accused of shoplifting from Dollar General at 8:08 p.m., Wednesday. Seppe was jailed on $750 bail. (For previous reports on Seppe, click here.)

Donna M. Croft, 57, of 56 Buell St., Batavia, is charged with petit larceny. Croft is accused of trying to hide several items of merchandise from Dollar General  in her purse. The alleged crime was reported at 9:54 p.m., Wednesday.

Batavia man sentenced in child porn case

By Howard B. Owens

A Batavia man who admitted in federal court to storing and receiving sexually explicit images and video involving children is being sent to prison for five years.

Samuel W. Nigro, 33, was sentenced today in U.S. District Court by Judge Richard J. Arcara.

Nigro was also ordered to pay $2,000 in restitution to two victims and will be on supervised release for five years after his prison term is completed.

In December 2009, the Nigro's computer was seized during the execution of a search warrant at his residence. A forensic analysis revealed a total of 5,239 images and 113 videos of child pornography stored on the computer.

Bergen man accused of 10-month crime spree

By Howard B. Owens

UPDATE: The original press release on this said Brett M. Blair would be in court on March 11 for "sentencing." But the release didn't include any information indicating that he had entered a guilty plea to any charges. After the initial post, I spoke with Sgt. Steve Mullen of the Genesee County Sheriff's Office and Blair and his attorney were in negotiations on a plea arrangement -- with Blair agreeing to detail his criminal activitiy -- prior to his arrest on Tuesday. So, the March 11 appearance will be for sentencing. His sentence on all charges will run concurrently. Further details on the plea arrangement are not available at this time.

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A 27-year-old Bergen man has been charged with multiple felonies following an investigation by local and state law enforcement agencies into a series of crimes.

Taken into custody Tuesday was Brett M. Blair.

Blair is charged with:

  • Burglary, 2nd. Blair is accused of breaking into a Route 33, Town of Batavia, home Oct. 15 and stealing cash and jewelry. He was arrested on this charge by the Genesee County Sheriff's Office.
  • Burglary, 2nd. Blair is accused of breaking into a home on North Street, City of Batavia, on Oct. 22, and stealing electronic equipment. Batavia PD arrested Blair on this charge.
  • Grand larceny, 4th. Blair is accused of reporting a burglary to his residence on March 3 claiming that $2,475 in electronics and cash were stolen. Police say he had actually stole the items himself and filed a false report. Batavia Police made the arrest on this charge. (UPDATE: Blair was a resident of the city, on Lyons Street, at the time of this offense.)
  • Criminal mischief, 3rd. Blair is accused of breaking a window of an East Main Street business on Oct. 4. Batavia PD made the arrest.
  • Identify theft, 1st, and forgery, 2nd. Blair is accused of using a credit card stolen from his employer and using it at Kmart. The alleged crimes occurred between August and September. Blair is also charged with petit larceny. State Police arrested Blair on this charge.

A Sheriff's Office press release says that the three law enforcement agencies involved pooled their resources to help identify Blair as the suspect and make the arrests.

Blair was already in custody for unspecified reasons at the Monroe County Jail. 

After being taken into custody, Blair was arraigned in the town and city courts of Batavia and then brought before Judge Robert Noonan in Genesee County Court. He was returned to Monroe County Jail and is scheduled to reappear in county court at 1:30 p.m., March 10.

Police Beat: Oakfield resident accused of drowning cat

By Howard B. Owens

Adam M. Kreutz, 22, of Fisher Road, Oakfield, is charged with aggravated cruelty to animals, a felony, and criminal mischief, 4th. At 4:40 a.m.,Tuesday, while in the Village of Oakfield, Kreutz allegedly drowned a family cat. He was jailed on $5,000 bail.

Jeffery Leonard Wheeler, 18, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd. Wheeler is accused of visiting a residence he is barred from visiting by court order. Wheeler was jailed on $2,000 bail.

Elba gets dinged in state audit for use of cash from scrap sales

By Howard B. Owens

As soon as the Elba Town Board found out about cash from scrap metal sales being used to buy a flat-screen TV, popcorn popper and coffeemaker for the highway department, the board instituted new accounting controls to better track funds from the sales, according to Town Supervisor Lucine Kauffman.

Disclosure of the sales and purchases were part of an audit report on nine Western New York governments and the Batavia School District by the NYS Comptroller's Office.

Investigators specifically looked into how procedures for scrap material sales were handled. The finding: Of the $132,000 in scrap sales, there was inadequate tracking and accounting of more than $27,000 in cash.

Elba had the distinction of the only flat-screen TV purchased with the cash.

"It was not a practice we (the board) knew about and we put a stop to it immediately," Kauffman said.

According to the report, the highway superintendent for Elba at the time, Allan Totten, made $5,605 in scrap sales from June 2006 to July 2009. The scrap buyer paid with a check for $1,119 in purchases and paid cash on 18 occasions, totalling $4,486.

When he got checks, Totten reportedly turned the checks over to the town and the money went into the general fund.

Kauffman says the Town of Elba contracts with a vendor to pick up scrap metal from its transfer station and it rents a receptacle from the vendor. Proceeds from the sale of this scrap metal has been in the form of a check mailed directly to her.

The scrap metal sold by the highway department employees for cash consisted of items they transported to the vendor. When he got cash, Totten treated it as a "coffee fund" -- petty cash to use within his department.

After auditors questioned this practice, Totten reportedly turned over $1,113 to the town. He didn't have receipts for the purchase of the TV and small appliances, but auditors said they visually confirmed those items were in the highway offices.

Kauffman said in response, that the town notified the scrap buyer that all purchases must be paid for by check from now on, that specific accounting of each transaction must take place. Furthermore, there is no "coffee fund" now.

Purchases for refreshments are reimbursable only under specific conditions, one of which is that the refreshments are for highway department employees from other municipalities assisting with Town of Elba projects.

These purchases will be specifically regulated as to how much money can be spent on authorized items. The town also adopted a code of ethics and wrote a scrap metal policy.

And writing the policy was made a bit harder, Kauffman said, because she couldn't find another jurisdiction that could provide an example of their own (written) scrap sales policies. They just didn't exist, Kauffman said.

That was one of the issues the comptroller's office apparently was trying to address in its audit of government agencies.

In the Batavia School District, auditors identified nearly $4,700 in cash sale proceeds for the period September 2006 through November 2008 that were not recorded or documented.

Some of the sales were recorded in the names of district employees and employees included personal scrap in the pile.

The City of Batavia and Town of Oakfield were found to have informal procedures for accounting for scrap sales and the audit report suggests that formal procedures be adopted.

St. Joseph's School teaching duo to be honored

By Billie Owens

John and Margaret Volpe, husband and wife, and teachers for more than 20 years at St. Joseph School in Batavia, will be honored later this month at a WNY Catholic Education Dinner.

They will receive the "Making a Difference Award" on Thursday, Jan. 27 at the Adam's Mark Hotel, Buffalo.

The award was established by Buffalo native and NBC newsman Tim Russert, as a way of honoring his former teachers for the difference they made in his life. It is given to a Catholic schoolteacher in the Buffalo diocese.

This is the first time two teachers will be recipients.

Police Beat: Woman accused of calling her grandmother vulgar names

By Howard B. Owens

Melissa Ann Peterson, 25, of Jackson Street, Batavia, is charged with aggravated harassment, 2nd. Peterson is accused of placing a phone call to her grandmother and calling her "filthy, vulgar words," according to Deputy Brian Thompson, who reported that he was at the grandmother's house at the time of the phone call and was a "direct witness to this harassing, annoying call." Thompson was on scene investigating a report of stolen keys. Peterson was arrested and released on her own recognizance.

Tracy A. Niemi, 35, of 8510 Seven Springs Road, Batavia, is charged with forgery, 2nd. Niemi is accused of altering a prescription form and attempting to pass it at a pharmacy in the city.

Jonathon James Breu, 19, of Meadow Drive, Geneseo, is charged with petit larceny. Breu is accused of stealing $63 worth of cigarettes from the Totem Pole Smoke Shop.

BID hands out 'Shop in the Zone' shopping spree prize

By Howard B. Owens

Christmas came twice for Jan Nichols of Batavia.

Nichols picked up a big present at the Batavia Improvement District Office today -- a $500 gift certificate for a shopping spree at participating downtown businesses.

The prize was the award of a contest sponsored by the BID called "Shop in the Zone."

Thirty-five downtown businesses took part, with entrants being required to stop at at least 12 businesses and fill out a participation card.

The winner was drawn from all qualifying entrants.

The contest ran from Dec. 1-24.

Sheriff Maha helps bring alleged ice cream thief to justice

By Howard B. Owens

Sheriff Gary Maha helped corral an alleged ice cream thief this afternoon.

Following a report of a theft of $7.27 in ice cream from the Arrow Mart on Clinton Street in the Town of Batavia, Maha spotted the suspect vehicle, a Chevy Venture, heading east on I-490.

Maha, driving an unmarked car, confirmed the description with dispatch and then stayed behind the suspect vehicle until it was intercepted by a State Trooper in North Chili.

Charged with petit larceny was Louis Edward Gary, 19, of Hopkins Street, Mount Morris.

Following the traffic stop in North Chili, Gary was brought back to Batavia where he was issued an appearance ticket.

Traffic jam at Monument in Batavia

By Billie Owens

A disabled vehicle is reported to be in front of the Monument at Ellicott and Main streets. It is blocking the roadway and creating traffic problems. A police officer is en route.

UPDATE 2:53 p.m.: An officer reported about 10 minutes or so ago that the disabled vehicle has been removed and is no longer blocking.

Another two-car accident on West Main Street

By Billie Owens

A two-car accident is reported in front of Clor's Meat Market, 4169 W. Main St., in Batavia.

There are no injuries. It is partially blocking the roadway.

Batavia fire is responding.

Two-car accident on West Main Street

By Billie Owens

A two-car accident is reported at 230 W. Main St. in the City of Batavia.

One person is complaining of leg pain.

City fire and Mercy EMS are responding.

Police Beat: Man accused of shoplifting packages of meat

By Howard B. Owens

Steven Noel Paladino, 50, of Le Roy, is charged with petit larceny. Paladino is accused of shoplifting three packages of meat from Tops Market.

Mark Wilhelm Hanel, 39, of Swamp Road, Bergen, is charged with unlawful imprisonment, 2nd, criminal mischief, 4th, and harassment, 2nd. Hanel was charged following an alleged domestic incident at 8:10 p.m., Friday, in Bergen. Bail was set at $1,500.

Jamie Scott Wolbert, 22, of Lovers Lane, Pembroke, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right and improper turn at an intersection. Wolbert was charged after his car was reportedly found in a ditch off Lovers Lane at 1:29 a.m., Saturday, by Deputy Kevin McCarthy.

Bruce Karl Knepper, 26, of Forestall Lane, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and driving left of the pavement markings. Knepper was stopped at 6:08 a.m., Saturday, on Broadway Road, Alexander, by Deputy Kevin McCarthy.

Kyle W. Nash, 23, of Myrtle Street, Le Roy, is charged with disorderly conduct. Nash is accused of failing to leave the property of another person. He was arrested Saturday.

Mickey H. DeJesus, 22, of Perry Road, Le Roy, is charged with harassment, 2nd. DeJesus is accused of threatening another person.

Amy R. Sellhorst, 25, of York Road, Le Roy, is charged with assault, 2nd. Sellhorst is accused of hitting another person in the face with a blunt object during an incident on Sunday. The other person was reportedly injured. Bail was set at $1,500.

Amber L. Pellett, 27, of 11642 Platten Road, Lyndonville, is charged with DWI and inadequate headlamps. Pellett was stopped at 2:26 a.m., Thursday, on West Main Street, Batavia, by Officer Kevin DeFelice.

Local bars and restaurants planning good food and good times for New Year's revelers

By Howard B. Owens

When it comes to ringing in the new year, there will be no shortage of good food and fun times in Batavia.

From special menus to live music, Batavia's restaurants and taverns are inviting residents to join friends, family and neighbors in saying goodbye to 2010 and hello to 2011.

The festivities start early at O'Lacy's on School Street, where everybody's favorite Irish pub will celebrate the flip of the calendar on Dublin time.

O'Lacy's will have an Irish band playing from 5 to 8 p.m., with a break at 7 p.m. -- that's midnight in Dublin -- to toast in the New Year. The pub closes promptly at 9 p.m.

But no worries, the party can continue all night in Batavia. Just around the corner and within a block are Center Street Smoke House and T.F. Brown's.

At Center Street, you can put your glad rags on and bop in your suede shoes to the rockabilly twang of Kickstart Rumble from 9:30 p.m. to 1:30 a.m. There will be free pizza at 1 a.m.

At T.F. Brown's, the rock band In Plain View plays from 10:30 p.m. to 2 a.m. On the special dinner menu are twin center-cut pork chops in a honey glaze and a surf-and-turf for two that features two 16-oz. sirloin steaks, shrimp, mashed potatoes and a side salad.

There will also be live music at South Beach from 6 to 9 p.m. with John Canale and a three-piece jazz band. For dinner, there will be a buffet, with the kitchen open until 11 p.m., and the bar will be open as late as there are customers to serve.

Delavan's will also keep the bar open as late as there are people buying drinks. The kitchen closes at 9 p.m. and on the special New Year's Eve menu are chicken Oscar, seafood-stuffed haddock and lobster ravioli.

Larry's Steakhouse will feature oysters Rockefeller and the featured steak is a 22-oz. cowboy-cut, bone-in ribeye served with a garlic peppercorn crust. The surf-and-turf is prime rib and lobster tail.

Alex's Place will serve dinner until 11 p.m. and stay open until at least midnight. The featured items are braised lamb shanks and crusted sea bass. Of course, ribs, steaks and prime rib as well as a selection of seafood are always on the menu.

Outside of Batavia, if you were thinking Red Osier, well, let's hope you already have your reservations. The legendary restaurant is booked through 9:30 p.m.

In Le Roy, D&R Depot's kitchen is open until 9 p.m. and will feature a Chateaubriand for two, carved table side.

Of course, if you're out drinking, you shouldn't drive. 

Deputy Chief Gordon Dibble offered good advice: "Plan ahead."  If you don't have a designated driver, at least have the number of a friend who can pick you up if you drink more than planned. 

There are three local cab services: Batavia Cab Co. 343-5130; Mike's Taxi Service 343-3309; and Checker Cab of Batavia 300-9376.

If you really want to plan ahead, Mancuso Limousine can still accommodate three more reservations (at the time of writing). If somebody finds themselves stuck at a bar or restaurant after midnight, there is a chance Mancuso could provide a ride (for a fee, of course). Mancuso can be reached at 343-1947.

Down to the wire: Robert Morris School needs votes!

By Billie Owens

The parents, students, teachers, friends, administrators and neighbors of Robert Morris Elementary School in Batavia need your vote now more than ever in order to win a $50,000 grant from Pepsi.

They want to build a new playground. They are in 14th place and need to get into the Top 10 by Jan. 2 in order to win.

You can text a vote to Pepsi (73774) and in the message put 104607.

Police Beat: Man wanted in Florida allegedly tries to flee from police

By Howard B. Owens

Ricky Allen Marsceill, 46, of 174 Ross St., Batavia, is accused of being a fugitive from justice. Marsceill was arrested by Batavia Police Det. Pat Corona on a warrant out of Florida. The underlying charge of the Florida warrant was not released. At 1:10 p.m., Wednesday, Corona approached Marsceill's residence on Ross Street and spotted Marsceill on a bicycle. Marsceill allegedly tried to flee on foot. Corona pursued Marsceill and Officer Jay Andrews responded to the scene. Marsceill was apprehended by Corona and Andrews on Manhatten Avenue. Marsceill was jailed without bail pending extradition to Florida. (Initial Report)

Randy K. Braun, 48, of Maier Lane, Caledonia, is charged with DWI, failure to keep right, moving from lane unsafely and uninspected vehicle. At 9:04 p.m., Wednesday, Deputy Matthew Butler responded to Route 63 in Bethany to investigate a report of a car off the road in a ditch. Braun was allegedly found to be the driver of the vehicle. He was arrested on suspicion of DWI and jailed on $1,000 bail.

Vesna Brongo, 41, of Cadillac Avenue, Rochester, was arrested on a warrant for alleged aggravated unlicensed operation. Brongo was taken into custody by Rochester Police and turned over to the Genesee County Sheriff's Office. Brongo was arraigned in Town of Elba Court and jailed on $250 bail.

A 14-year-old boy from Byron is charged with criminal sexual act with a child 11 years old or younger and endangering the welfare of a child. The name of the suspect was not released by State Police. The crime was reported Dec. 21. No further details were released.

Warrant suspect tries to run from police

By Howard B. Owens

A Batavia Police officer notified dispatch that he was stopping at an address on Ross Street to arrest a subject on a warrant.

Seconds later, he called in that he was on foot pursuit of the suspect.

Two or three Batavia units immediately responded to the scene.

Within a minute, the officer called in that he had apprehended the suspect at the intersection of Ellsworth and Manhattan.

The suspect is now being transported to BPD to be turned over to the warrant officer.

Born and bred in Batavia, financial advisor opens new brokerage in heart of downtown

By Howard B. Owens

After a decade of giving financial advice as a staff member of other firms, Batava-native Marc Staley has decided it is time to strike out on his own.

He planted a big flag downtown -- signing a lease in a former bank building at the corner of Jackson and Main streets (most recently the location of the former House of K) -- and signed on as a financial advisor for LPL Financial, one the largest investment firms in the nation.

"I believe in this area," said Staley, who is also a hockey coach at Notre Dame High School. "While other firms are pulling out, I wanted to stay and work."

The 37-year-old Staley is married to a local teacher, Erin, and they have two children, Helaina, 3, and Luke, 1.

"We love this community," Staley said. "I've had the chance to go to other places, but my wife and I decided that this is the place we want to live. This is where we want to raise our kids, so I have to build my career around that decision. That's non-negotiable for me."

When he decided to open his own brokerage, he decided to represent LPL Financial because the company has a strong reputation -- ranked by J.D. Power as number one in customer satisfaction for investment performance and number two for customer satisfaction for investment advice -- and the firm's ability to provide a range of advice to big investors and small, just-starting-out investors.

"Folks are leery of Wall Street right now and investing in general," Staley said. "I wanted to make sure I partnered with a company that represents Main Street more than Wall Street -- one that helps me deliver world class independent research, state-of-the-art technology, and the freedom to deliver to my clients what they need.

"Even though this is a new endeavor for me, I work for the same people I’ve always worked for -- my clients," he added.

While LPL Financial was tops in the nation (for Independent Broker Dealers) in revenue in 2009, Staley acknowledges that a lot of people in this area may not have heard of the firm.

"I feel a little like the guy who brought the Tim Horton's to town at first," Staley said. "For a lot of people, this is the first time they're hearing of LP Financial."

Even so, after opening for business at the beginning of December, Staley said he's had a steady flow of new clients walk through his doors -- exceeding his first-month goals. In part, that's the location, but also, Staley said, he's been around town a long time and a lot of people know him.

He picked the location, he said, because he plans to grow and be around for a long time.

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