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Batavia PD looking for help in solving bike theft case from 400 Towers

By Howard B. Owens

Batavia PD is looking for the public's assistance in resolving an alleged bike theft at 400 Towers on the night of May 19.

The subject in these photos is wanted for questioning and police are asking the public's help in identifying him.

Anybody with potentially helpful information should contact Officer Jamie Givens at (585) 345-6450.

Rollover accident on Creek Road, driver trapped, Mercy Flight responding

By Billie Owens

A two vehicle rollover accident is reported in the area of 9084 Creek Road. Town of Batavia Fire Department and Mercy medics are responding. One vehicle is in a field on its roof and its driver is a female who has an arm injury and is trapped inside. Mercy Flight is called to the scene. The location is between Dorman Road and Lehigh Avenue.

UPDATE 7:05 p.m.: Mercy Flight has landed. A black Labrador retriever was inside the vehicle that rolled over and subsequently ran away, says a responder, so if calls come in about a black lab running loose in the area it could very well be that dog.

UPDATE 7:30 p.m.: The woman has been extricated.

UPDATE 7:41 p.m.: Mercy Flight is airborne; destination unspecified.

UPDATE 8:07 p.m.: The Town of Batavia assignment is back in service. It appeared to those on scene that Mercy Flight headed to Strong Memorial Hospital. The driver of the other vehicle was apparently not injured.

Man lying on Batavia-Oakfield Townline Road without his sneakers...

By Billie Owens

A caller reports there's a man lying on or near the roadway on Batavia-Oakfield Townline Road. Meanwhile another caller reports coming home on that same street and finding the front and back door had been opened and a pair of sneakers on the porch. The man lying down is believed to be sans shoes. Law enforcement is responding, and will no doubt be checking to see if the sneakers fit the man.

UPDATE 4:10 p.m.: "Where was the subject supposed to be laying?" asks an officer. The address given is 2847 (Batavia-Oakfield TL Road).

City looking into complaint of race-related harassment in Pringle Avenue area

By Howard B. Owens

The city's youth detective, Todd Crossett, has been asked to take a closer look at a complaint raised at Tuesday's City Council meeting about potentially race-related problems in the Pringle Avenue area.

City resident Shirley Nigro spoke to the council Tuesday and said that neighborhood kids have threatened her and her grandchildren, citing race as a motivation for their actions.

She said she and her grandchildren have been attacked while at the Pringle Avenue park and once had to be escorted from the park by police.

"Our neighborhood is getting ridiculous," Nigro said. "I've had people across the street (from the park) tell me, 'you're in the hood now. You better get used to it or get out.' ... there's a lot of hate out there."

After she complained the parents of some of the children involved, she said, the harassment of her grandson on the school bus got so bad that she now gives him a ride to and from school.

Chief of Police Shawn Heubusch said he's asked Crossett to look into the complaint, which he said is the only one of that nature that the city has received, not just from the Pringle Avenue area, but from throughout the city.

"It's very important for us to get feedback from the community," Heubusch said. "They're living there day in and day out. We're not. We're in the area as much as we possibly can be. We take any complaint seriously that we receive no matter where it comes from and we're looking into it as best we can."

He said with the weather warming up and more people out and about, there's bound to be conflicts and disputes.

"I can't think of any (complaints received) that have been race-related," Heubusch said. "There's always going to be neighbor disputes that you're going to get in any community. The more people you have, the more neighbors you have, the more there will be disputes."

City firefighters will try to 'Fill the Boot' for MDA on June 7

By Howard B. Owens

City firefighters, members of the International Association of Firefighters Local 896, will once again ask motorists at in the Court, Ellicott and Main street areas to "fill the boot" with donations to help fight Muscular Dystrophy.

The donations benefit MDA charities in WNY.

The "Fill the Boot" campaign is June 7.

Last year, the campaign collected $7,500 for MDA, which was a record for the annual campaign.

"We had a very successful boot drive in 2012," said Local 896 President Greg Ireland. "The guys are looking forward to hitting the streets again in an attempt to top last year’s total. We really appreciate the generosity of those that can give, whether it be their spare change, a dollar or even more."

Portion of Randall Road shut down temporarily due to a wire down

By Billie Owens

A wire across the roadway on Randall Road prompted law enforcment to shut down the road until it can be removed. The location is between Richmond and Buckley roads. Stafford Fire Department is responding, along with a Sheriff's Deputy for traffic control.

UPDATE 1:55 p.m.: The wire has been removed and the road is reopened. Stafford is back in service.

Photo: Notre Dame golf team takes second consecutive Section V title

By Howard B. Owens

Notre Dame's golf team won a Section V title in a tournament at the Livingston Country Club in Geneseo.

From left: John Lapple -- 81, Drew Morabito -- 85, Coach Bill Sutherland, Noah Hoy -- 83, Ben Warner -- 87, and Jared Thornton -- 92. This is the second year in a row that they have won the Section 5 Class C Championship with the same five players.

Photo and information submitted by David Warner.

Large, injured turtle in roadway in Stafford

By Billie Owens

A large turtle that's injured is reportedly laying in the roadway on Main Road in Stafford. Law enforcement is responding.

UPDATE 11:01 a.m.: "The turtle's been removed from the roadway and I'll be back in service," says the officer.

Report of suspicious vehicle on State Street Road leads to arrest of alleged drug dealer

By Howard B. Owens
Omar Negron-Mejias Nicolas Roman

Updated with a little more info, 10:03 a.m.

Drugs and a gun were allegedly found in a Nissan Altima located on State Street Road, Batavia, on Tuesday evening following a complaint of a suspicious vehicle.

Three men from Rochester were with the vehicle and all three were arrested following a search of the Altima.

One man was allegedly found with a loaded handgun and investigators also allegedly found cocaine, heroin and marijuana.

Arrested and held on $25,000 bail after being arraigned in Town of Batavia Court on charges of criminal possession of a narcotic drug with intent to sell, criminal possession of a loaded firearm and unlawful possession of marijuana was 23-year-old Omar Francisco Negron-Mejias of Herald Street, Rochester.

Nicolas Luis Roman, 22, of Ketchum Street, Rochester, was charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana.

Neal John Schifano, 36, of Willington Avenue, Rochester, was charged with possession of a hypodermic instrument.

The vehicle drew attention because one of the subjects was out of the vehicle walking around it, said Chief Deputy Jerome Brewster. When Deputy Joseph Graff arrived the man got back in the vehicle and proceeded to a nearby driveway and Graff approached it a second time.

Brewster said contraband was observed in the vehicle and the investigation proceeded from there.

Investigators are still trying to determine why the men were in Batavia.

The investigation is ongoing and further charges may be pending.

The Sheriff's Office received the report of a suspicious vehicle at 6 p.m. and Deputy Graff responded. He was later assisted at the scene by were members of the Local Drug Enforcement Task Force and Batavia PD.

Trio of Pearl Street residents face marijuana charges following Task Force raid

By Howard B. Owens

One person is accused of illegally growing marijuana following a Local Drug Enforcement Task Force raid of a Pearl Street residence on Thursday.

Alex Dumbleton, 19, of Pearl Street, Batavia, is charged with unlicensed growing of cannabis, a Class A misdemeanor, and a violation of unlawful possession of marijuana.

Also cited for alleged unlawful possession of marijuana were Sonya M. Bale, 28, and Sterlyng J. Wilcox, 26 , both of Pearl Street.

The task force executed a search warrant on the residence.

Dumbleton, Bale and Wilcox were allegedly found in possession of marijuana.

Investigators report also finding drug paraphernalia.

Dumbleton was allegedly found to be growing marijuana plants.

All three were arrested and issued appearance tickets.

Assisting in the investigation were the District Attorney's Office, Batavia PD and Sheriff's deputies.

Law and Order: Thorpe Street resident charged with trespass, order violation

By Howard B. Owens

Brodes J. Gibson, 52, of 13 Thorpe St., Batavia, is charged with criminal trespass, 2nd (unlawfully entering a dwelling), and criminal contempt, 2nd. Gibson is accused of entering a dwelling on Thorpe Street at 12:24 a.m., Tuesday, and allegedly violating a complete stay away order.

Alicia Ann Burgess, 22, of Sharrick Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, failure to keep right, moving from lane unsafely. Burgess was stopped at 1:14 a.m. on Buffalo Street, Alexander, by Deputy Joseph Corona.

Landlords object to idea of fining property owners for nuisance tenants

By Howard B. Owens

About a dozen local landlords showed up at City Hall on Monday night for a City Council discussion about a possible local law that could mean fines for frequent police calls to local rentals.

Four of the landlords spoke during public comments against the idea, including Richard Siebert, James Pontillo and Thomas Mazerbo (pictured above).

Siebert said Batavia has gained a reputation for being a city that's very unfriendly to landlords, which drives down the value of rental properties and hurts the ability of the city to raise assessments.

He also said the subsidized housing complexes run by the city attracts all the good tenants, making it harder for landlords to attract the better tenants.

He also complained about police inaction when complaints are lodged about some residents.

"Let's talk about Lewis Place," Siebert said. "I have an apartment building down there and I've called city police when tenants have told me about drug deals and fights going on and they tell me, 'if you didn't see it personally, we can't do anything about it.' The city can clean it up. Put some undercover agents down there. Go in and clean it up."

Mazerbo said that it's very hard to get bad tenants evicted and if you succeed, they often trash the place and then city code officers give a landlord only 48 hours to clean things up. He said landlords should be given 10 to 30 days in those circumstances.

One version of the law under discussion was passed in the Town of Niagara and Mazerbo said, "I don't care about the Town of Niagara. That's over there. Something has got to be done here."

James Pontillo said the city is once again trying to turn the landlord into the bad guy.

"We're the ones investing in Batavia," Pontillo said. "We're the ones taking down a run down property and investing in it. I don't like being called a slumlord. I find it offensive. What we're doing with our money is -- rather than investing in gold or silver, we're investing in Batavia."

One of Pontillo's frustrations is that the police won't arrest former tenants for criminal mischief when they purposefully cause $5,000 in damage to a property once they know they're evicted.

Councilman Kris Doeringer took issue with the notion that landlords aren't responsible for the conduct of their tenants.

"You're the ones who rent to them," Doeringer said. "This is your business. You rent to them. Nobody made you. Today, nobody holds you accountable. That's not to say I'm unsympathetic to the investment you make in the community ... but there is a responsibility you have there somewhere and to put it all back on the city is not correct."

During his remarks, local residential property owners Jeremy Yasses and Terry Platt left the room, though Platt returned.

Brooks Hawley (inset photo) said his concern about this issue began while he was campaigning, walking precincts. The number one issue brought up by residents, Hawley said, was misbehaving tenants.

City Manager Jason Molino, Hawley said, asked that addressing the issue be held off until after the budget was approved. Once it was, Hawley, Molino and Pier Cipollone met to discuss options.

In researching options, Molino found laws in Cheektowaga and Niagara that hold landlords accountable for excessive complaints about the conduct of tenants.

According to Hawley, the laws in those other jurisdictions are meant as discussion starters about how to address the problem in Batavia. He said he's looking for something that holds tenants accountable and puts some responsibility on landlords for how their properties effect their neighborhoods.

There was no action taken by the council Monday, and though Cipollone suggested forming a committee that would include council members and landlords to study the issue, no firm plan was put in place.

Molino said it's a very complex issue and no single law is going to necessarily bring about neighborhood revitalization.

"It comes back to the root of the issue," Molino said. "If the tenants don't care about the neighborhood, you can't make them care. If the neighbors want to have their community back, they will have to take their neighborhoods back. You can't use code enforcement and you can't use police enforcement to force people to take back their neighborhoods."

Councilman John Canale called the idea of fining landlords for tenant behavior "absurd."

"I'll never support any talk like that," Canale said. "We talking about asking landlords to become the police and we already have a police department."

Council to consider law to license landlords, institute fines for nuisance tenants

By Howard B. Owens

To help cut down on problems with some of the residential renters in the City of Batavia, two council members are asking the council to consider a law that would license landlords and fine property owners who rent to nuisance tenants.

The proposal is on tonight's City Council agenda. The meeting begins at 7.

The proposal grew out of conversations between council members Brooks Hawley and Pier Cipollone and City Manager Jason Molino regarding problems in the Holland Avenue neighborhood.

Molino did some research and found that the Town of Niagara and the Town of Cheektowaga recently created a licensing scheme for landlords.

There are also fines for landlords if the police are called to a residence frequently.

Molino's memo on the law states, "It appears that this legislation attempts to hold landlords accountable for tenant behavior as well as provide easier methods for landlords to evict uncooperative tenants that are compromising the character of neighborhoods."

In Niagara, officials concluded that renting out residential rental property is a business and should be licensed like many other types of business.

Once licensed, officials will have a better paper trail on who the landlord of record is and then notify the landlord of potential problems.

Officials will track police calls to rental properties and three nuisance or criminal complaint calls in a year will result in a $50 fine; a fourth, $100; a fifth, $500 and each additional incident thereafter, $1,000 each.

The legislation in Niagara states that "residential rental properties may become a haven for various criminal or disruptive actives that can result in disorder in our community and affect the quality of life of others in the Town of Niagara."

Car crash with injuries at Route 5 and Lake Road, Pembroke

By Billie Owens

A motor-vehicle accident with injuries is reported at Route 5 and Lake Road in the Town of Pembroke. Pembroke and Indian Falls fire departments, Mercy medics and law enforcement is responding.

UPDATE 11:57 a.m.: A male driver complains of a chest injury and there was air bag deployment on one of the two vehicles involved. Mercy medics are told to "back it down."

UPDATE 12:20 p.m.: The Pembroke and Indian Falls assignment is back in service.

Law and Order: Two Le Roy men accused of stealing scrap in Batavia

By Howard B. Owens

Jason A. Klinkbeil, 24, of 80 South St., Le Roy, is charged with petit larceny and criminal traspass, 3rd (entering an enclosed property). Klinkbeil is accused of stealing scrap metal from a location at 653 Ellicott St., Batavia. Also charged, Nathan S. Snyder, 27, of 7185 W. Main St., Le Roy.

Tracy L. Hume, 41, of 3351 Iroquois Road, Caledonia, is charged with DWI, failure to use a turn signal, failure to keep right and failure to submit to breath screening device. Hume was stopped by Le Roy PD at 12:28 a.m., Saturday, on Clay Street for an alleged traffic infraction.

Tiana N. Terry, 31, of 30 Buell St., Batavia, is charged with menacing, 2nd. Terry allegedly threatened another person with a knife during a domestic incident reported at 10:21 p.m., Saturday.

Jason D. Alessi, 20, of 9741 Simonds Road, Corfu, is charged with making graffiti. Alessi was allegedly caught spraying painting some equipment at the Skate Park off Evans Street, Batavia.

Kevin O. Simmons, 53, of 20 Central Ave., Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, leaving the scene of a property damage accident and unlicensed driver. Simmons was arrested by Sgt. Jason Davis following an investigation into a property damage accident reported at 2:30 a.m., May 18, at 210 State St., Batavia.

Steven Matthew Seyler, 22, of Bridgeman Road, Sanborn, is charged with DWI, driving with a BAC of .08 or greater, speeding (44 in a 35 mph zone) and failure to keep right. Seyler was stopped at 12:39 a.m., Monday, on Route 33, Corfu, by Deputy Frank Bordonaro.

Batavia's varsity coach hosting free football camp for sixth- and seventh-graders

By Howard B. Owens

Brennan Briggs, head football coach for the Batavia Blue Devils, is invivitng all sixth- and seventh-graders to a free football camp from 3:30 to 5:30 p.m., Sunday, at Van Detta Stadium.

The team's coach staff and varsity players will assist in putting the aspiring high school football players through their paces in individual skills and drills on offense and defense.

Briggs will provided information on the modified football program and there will be flag football games following the two-hour camp.

Participants will also receive Blue Devils apparel and a tour of Van Detta Stadium.

All participants must bring cleats, sneakers, outdoor clothes and a water bottle.

Photo: Boy lands another prize pike

By Howard B. Owens

Kyle Kendall's favorite sport is baseball, but he seems to have a knack for catching trophy pike.

Last summer, he caught a big one at the sand wash, which his parents had mounted. This weekend, he landed a 35.5-inch, 10-pound pike.

Photo and info submitted by Dave Kendall.

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