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Mercy Flight called for an accident on the Thruway involving a motorcycle

By Howard B. Owens

Mercy Flight is being dispatched to a landing zone the Indian Falls Methodist Church on Route 77, Pembroke, for accident on the Thruway.

The accident involves a motorcycle, though the driver was last reported as conscious. 

Indian Falls Fire and Pembroke Fire dispatched to the accident scene, along with Mercy EMS. Corfu Fire requested to the landing zone.

UPDATE 12:03 p.m.: Mercy Flight has landed.

UPDATE 12:30 p.m.: Mercy Flight is airborne, "possibly to ECMC." The assignment is back in service.

UPDATE: Photo and update info by Alecia Kaus / Video News Service. Chief Ed Mileham said the rider was headed east on the Thruway with a group of other riders when the accident occurred. He landed in the median. Mileham said his helmet saved his life. There was a big softball-sized dent in it. He was transported to ECMC with apparent serious injuries.

Summit Street to be closed Thursday for repaving

By Howard B. Owens

Press release:

On Thursday Aug. 7, the City of Batavia Infrastructure Improvement Project will finish paving on Summit Street, weather permitting. This phase of the project includes paving the roadway; the work zone will be from East Main Street (RTS 5 / 33) to North Street.

Given the scope of this work Summit Street will be closed to all thru traffic on Thursday from 7 a.m. until 5 p.m. Local traffic will be allowed to access their residences throughout the duration of this phase, however thru traffic will be detoured by use of Ross Street and Bank Street. No parking will be permitted on Summit Street during this time.

Weather permitting, it is anticipated that this phase of the project will be completed in one day. The City of Batavia and Keeler Construction Co., Inc., appreciates your patience and cooperation during the construction and asks motorists and pedestrians to abide by this closure and use the posted detour whenever possible.

The point of contact is the Department of Public Works at 345-6325.

Ongoing road salt shortage means bigger expense for county

By Howard B. Owens

Salt supplies are down after our long, cold winter, so prices are going up, County Highway Superintendent Tim Hens told county legislators Tuesday.

American Rock Salt in Mt. Morris is increasing its prices by 8 percent, so the county will be spending $2.96 per ton in 2014-15.

"It's nothing we can't manage," Hens told the Public Service Committee.

One way the highway department is handling the increased expenditure on salt is cutting back on road work this summer.

Hens said the county went from a surplus of salt at the start of the 2013-14 winter (after two consecutive mild winters) to currently storing only about 1/5 the total amount of salt the county will likely need this winter.

That means the county will need to spend $25,000 to $30,000 before the start of winter just to get even.

That's after going over budget by about $25,000 in salt last winter, when cold weather carried into spring.

Hens has to shift spending priorities to keep up with the salt demand, he said.

A few years ago, Hens said he regularly budgeted $115,000 for salt, but last year, when the county had built surpluses, the budget was only about $50,000. In the coming year, he will budget again for at least $115,000.

Legislator Bob Bausch said he's heard from private contractors that they are being put on an allotment system by American Rock Salt for salt as the company makes salt deliveries to municipalities a priority. Hens said he's heard the same thing.

Car crash, unknown injuries, at State and Washington in the city

By Billie Owens

A two-car accident, unknown injuries, is reported at the intersection of Bank Street and Washington Avenue. It is not blocking traffic. City fire and Mercy medics responding.

UPDATE 7:12 p.m.: No one was injured in the collision, caused by one vehicle's brake failure.

Daphne's Restaurant on South Swan closes

By Howard B. Owens

Daphne's Restaurant & Lounge, at 341 S. Swan St., Batavia, has closed.

The restaurant opened in September 2010 at the former location of St. Nick's Social Club.

Law and Order: Buell Street resident charged with choking, robbery, assault

By Billie Owens

Charles H. Wroten, 53, of Buell Street, Batavia, is charged with criminal obstruction of breathing/blood circulation, second-degree robbery, and second-degree assault. Wroten was arrested on the charges following a domestic incident Aug. 4 on Hutchins Street. He is accused of slamming a person to the ground, causing injury, and taking the phone from the victim. He was jailed without bail. The case was investigated by Batavia PD officers Jason Ivison and James DeFreze.

Mark Walter Grabowski, 56, of Chestnut Street, Batavia, is charged with second-degree harassment following his arrest this afternoon for a monetary dispute that initially arose on July 10 on Margaret Place. He was issued an appearance ticket. The case was investigated by Batavia PD officers Peter Flanagan and Devon Pahuta.

Kelly J. Stone, 40, of Le Roy, no other address provided, was ticketed for failure to keep right following a one-vehicle accident in Warsaw on Aug. 3. State Police reported that the accident occurred at the CSX railroad crossing on Saltvale Road, just entering the Town of Middlebury. Stone was northbound on Saltvale when she allegedly failed to reduce her speed at the crossing in time to avoid entering the southbound lane. Then her vehicle struck a sign on the west shoulder before it came to a stop. Neither Stone nor her two passengers were injured in the collision. She is to return at a later date to the Middlebury Town Court.

If you're a maker, the Harvester Center may soon have a place for you

By Howard B. Owens

Are you a maker? Perhaps you are, and don't even know it.

There's makers all over the country these days -- people who are inventive and like creating new and innovative things.

It's a whole culture.

And it's coming to Batavia, where business innovation has strong roots -- the Harvester Center.

Tom Mancuso and some of his friends have been talking for a year about creating a maker community locally. Last week, they put their plan into action, hosting a 3-D printing demonstration with local design and manufacturing expert James Dillon.

3-D printing is one of the widely used tools for creating in the maker community. The printer works much like any printer, except it doesn't use ink or paper. It uses plastics and other material to layer material into a computer generated form. It might be a cup, a model airplane or a part for a car, or just about anything the maker can imagine.

Makers also work with electronics, robotics, metalworking, woodworking, and traditional arts and crafts.

Mancuso said the plan is to create a space in the Harvester Center -- if there's enough interest in the community -- where makers can come and create and innovate together.

The space will be open (possibly with a fee like a health club) to artists, hobbyists, trainees and budding entrepreneurs. 

Makers will have available a variety of tools, from welding equipment, vacuum forms, laser cutters and, of course, a 3-D printer. There will be big spaces, which the hobbyist doesn't necessarily have at home.

"Maybe you work at home, but you want to do a bigger project," Mancuso said. "Where do you go to do that? You're limited by your equipment, by your workspace. We're trying to help those start-up hobby guys maybe go to the next level."

A gear created by the 3-D printer.

James Dillon with one of his first 3-D printing projects, a model jet.

3-D printer on the right.

The show will go on this weekend at Frost Ridge

By Howard B. Owens

The owners of Frost Ridge Campground have been told Judge Robert C. Noonan has lifted his court order barring live, amplified music at the campground, at least for this weekend.

The band Blackberry Smoke headlines Sunday Saturday.

At a hearing last week, David Roach, attorney for Frost Ridge, told Noonan that if the order wasn't lifted in time for this weekend's show, Frost Ridge was facing insolvency. 

David Luetticke-Archbell, co-owner of Frost Ridge, called The Batavian a short time ago to share the news. We're still awaiting a copy of the order.

Frost Ridge will still be barred by the original court order from selling alcohol, but that doesn't mean patrons can't bring their own beverages.

The temporary suspension of the temporary order baring amplified music at Frost Ridge comes as court proceedings in a pair of civil suits against the campground have bogged down.

Two neighboring residents, the Cleere and Collins families, along with the Town of Le Roy, are suing David and Greg Luetticke-Archbell alleging that the campground as a whole and live music and alcohol sales in particular, are not permitted under current zoning.

David and Greg contend that those uses are grandfathered in by the property's prior zoning and they have two Zoning Board of Appeals rulings that support such a claim.

The Cleere and Collins' suits challenge the ZBA's 2013 determination, and here's where the case has bogged down: If it's proven that the ZBA's 2013 determination was filed with the town clerk more than 30 days before Cleere and Collins filed their suit, it could mean their complaint could be thrown out of court. Attorneys and the court have been unable so far to hold a hearing on that point

Since the hearing can't be scheduled now until the end of the month, Roach sought for his clients, permission from the court for the concert this weekend.

Baby Cafe offers place for support and encouragement for breastfeeding mothers

By Howard B. Owens

The Baby Cafe is a place of encouragement and support for breastfeeding mothers. UMMC opened the room at Cary Hall recently and held an open house yesterday.

Expectant mothers, breastfeeding mothers and mothers experienced with breast feeding are invited to the room every Tuesday from 11 a.m. to 1 p.m.

The Baby Cafe is supported by a national, nonprofit organization dedicated to helping mothers who are breastfeeding.

Cary Hall is located at 211 E. Main St., Batavia.

Law and Order: Le Roy native arrested on warrant for first-degree burglary, weapons charge

By Billie Owens

Sara E. Schimley, 24, a Le Roy native now living in Buffalo without a permanent address, was arrested July 28 by Le Roy police on a bench warrant out of Le Roy Town Court for failure to appear on two charges: first-degree felony burglary; and criminal possession of a weapon, 3rd. In addition, Le Roy police charged her with bail jumping, 2nd, a Class E felony, for allegedly failing to appear in court within 30 days of her last scheduled appearance on the original burglary and weapons charges. Buffalo PD located her and turned her over to Le Roy PD. She was jailed in lieu of $5,000 bail. Le Roy PD officer John Condidorio handled the case.

Nicole Lyn Kulzer, 33, of Swamp Road, Byron, is charged with endangering the welfare of a child and second-degree harassment. On July, 30, Kulzer was arrested following an investigation into an incident wherein she allegedly disciplined a child by striking the child with a plastic golf club, causing swelling and redness in the area where hit. The case was investigated by Sheriff's deputy Joseph Graff.

Jennifer Ann Stiles, 31, of Sheppard Road, Pavilion, is charged with reckless endangerment, 1st, menacing, 2nd, and conspiracy, 5th, following an incident July 25 in Byron. It is alleged that she was involved in a dispute and discharged a firearm during the conflict. The case was investigated by Sheriff's deputy Joseph Corona.

Brandon Marshall Weig, 26, of West Main Street, Batavia, is charged with first-degree criminal contempt, with a prior conviction within the previous five years. He allegedly violated a court order barring him from having any contact whatsoever with the protected party. Weig is currently in county jail on a similar offense and was issued an appearance ticket on the new charge. He is scheduled to appear in City Court on Aug. 5. The case was investigated by officer Chad Richards.

Nicholas Alexander Verhoef, 18, of Spencer Road, Rochester, is charged with unlawful possession of marijuana and unlawful possession of alcohol by a person under age 21. Sheriff's deputies made the arrest after he was stopped for alleged violations of vehicle and traffic law. Verhauf was also alleged to have been drinking alcohol inside his vehicle when he was stopped. The case was investigated by Sheriff's deputy Joseph Corona.

Joseph William McNamara, 19, of Sand Pebble Drive, Rochester, is charged with criminal impersonation, 2nd, and unlawful possession of alcohol by a person under age 21. It is alleged that on Aug. 2 in Pavilion he used the NY ID of another person to unlawfully buy alcohol and to possess it while being under age. Also, McNamara was cited for no front license place and open alcoholic beverage inside a motor vehicle. The case was investigated by Sheriff's deputy Joseph Corona.

Amanda Marie Webb, 25, of Colby Road, Darien, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and failure to stop at stop sign. It is alleged that on July 29 she failed to stop at a stop sign and a traffic stop was made, whereupon a Sheriff's deputy allegedly found her in possession of marijuana and a suspended driver's license. The case was investigated by deputy Joseph Corona.

Thomas J. Mitchell, 25, of West Center Street, Medina, is charged with petit larceny and criminal mischief, 4th. He was arrested in Erie County by Batavia PD on warrants issued by City Court. He was jailed in lieu of $250 bail. He is set to appear back in court Aug. 7. The case was investigated by officer Jason Davis.

Scott Alexander Lawrence, 23, of Griswold Road, Darien, is charged with unlawful possession of marijuana. Lawrence was a passenger in a vehicle on July 29 when the vehicle was stopped by Sheriff's deputies for vehicle and traffic violations and at that time he allegedly possessed marijuana. The case was investigated by Joseph Corona.

Attorney for DaShawn Butler moves to have felony charges dismissed

By Howard B. Owens
Dashawn Butler

The attorney for DaShawn Butler -- the Batavia resident accused of firing gunshots at a person on State Street last September -- has filed a motion to have the charges against Butler dismissed because, he said, his client's rights have been violated.

Attorney Thomas Burns argued in court this morning that information about two witnesses wasn't available to him before a grand jury hearing on the case, and that the lack of information under those circumstances is so egregious that the case should be dimissed "in the interest of justice."

District Attorney Lawrence Friedman countered that the information was available in the City Court case file and that even if the witness had been made available to testify, their testimony would not have helped Butler's defense.

Burns also requested a hearing on the timeliness of Butler's arrest in December. Burns contends that the police had ample opportunity to locate and arrest Butler after he was named as a suspect in the shooting because Butler never left town.

The lack of due diligence, Burns told Judge Robert C. Noonan, means there was a violation of his client's right to a speedy trial.

Noonan scheduled the hearing for 3 p.m., Aug. 27. He is reserving his decision on dismissal motions by Burns.

According to Burns, there are three witnesses he didn't know about before the grand jury presentation. Two, he said, initially said the shooter the night of Sept. 27 was white and a third said the alleged victim was the shooter.

Burns said there was only an incomplete report in the City Court file prior to the hearing, which is why didn't know about these witnesses.

He questioned why the police waited weeks to interview the witnesses.

Friedman called the initial statements attributed to the witnesses "double hearsay." He said the investigators were simply doing what good cops do, an investigation when they went out to find the witnesses and try to find out what they actually saw.

Once they were actually interviewed -- rather than the police just getting information from intermediaries -- they described the shooter as black and the other did not name the victim as the shooter.

He said the information was in the City Court file prior to the grand jury hearing.

In June, Butler entered a not guilty plea to counts of criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.

He is out of jail on $25,000 bail.

Little girls plead for return of their cat, who had just given birth to three kittens

By Billie Owens

Please! Please! Please! Ella Grace and her two sisters are very sad. Their new cat Syler is missing and was picked up near their home on Raymond Road, across from the Genesee County Park in mid to late July.

Syler just had three kittens, who now have no mother. Syler wants to come home.

Please find it in your heart to return her, no questions asked. You stopped at our neighbor's home but he did not realize that she was ours. Our whole family misses her dearly.

UPDATE 11:20 a.m., Tuesday: Syler has just arrived home. Syler was found July 27 on Lovers Lane by Jack Mirrione. Mirrione, a Byron resident, said the cat was in "pretty bad shape" he found her. Somebody had taped all four of her legs together and two of her legs were still taped when he found her. A skunk had sprayed her. He took the cat home and cleaned her up and fed her and was taking care of her when he saw this post and called Syler's family.

Injury accident, blocking traffic at Route 20 and Transit Road

By Billie Owens

A two-car accident is reported at Route 20 and Transit Road, Bethany. It is blocking traffic. There are injuries. Bethany Fire Department is responding.

UPDATE 3:09 p.m.: Mercy medics are en route from Byron.

UPDATE: Photo submitted by Doug Yeomans.

Photos: Fire hydrant painting downtown

By Howard B. Owens

Local artist Brandi Bruggman has been comissioned by Vibrant Batavia to paint two of the fire hydrants downtown. Here she paints the one at Main and Bank, in front of Seymour Place (GO ART!). She said this hydrant will have a colorful paisley design on it. Her other hydrant will be painted like a lighthouse.  

Below, a hydrant on Center Street completed by another artist.

UPDATE: Amanda Earl submitted these photos of Brandi's hydrants from later in the day.

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