batavia

An ATV is reportedly on fire at Bank and Vine street. City firefighters are en route.

The smoke-gray, vinyl-sided building may not look like much now, but when Genesee County Chamber of Commerce officials gaze upon the vacant house converted into office space on Park Road, they see a spruced-up facade and a big sign that says "Visitors Center."

It's been a decades-long dream for the Chamber to relocate its headquarters and visitors bureau to space closer to the Thruway exit in the Park Road/Oak Street area.

Now plans are coming together to purchase this building on Park Road across from the Sheriff's Office and just south of the Clarion Hotel.

The building isn't as visible as something right at Park and Oak, but it will still be plenty visible to visitors passing through Genesee County, said Chamber President Tom Turnbull.

"The location is right in the middle of everything," Turnbull said. "There are 800 hotel rooms right in the area. There's the Clarion, Batavia Downs, Alex's, Applebee's. It's where we want to be. It's someplace where we can capture people as they come into the area and bring them into the county. That's what we've always wanted to do. That's been the dream to get there."

There's a sign outside the current chamber offices in the City Church building on East Main Street that says, "Visitors Center," but tourists rarely stop there. There's also the visitors hut in the parking lot of the Holland Land Office Museum, but with the median on Route 5 restricting traffic flow, it's hard to access and is seldom visited.

Turnbull thinks the proposed location on Park Road will get more tourist activity and help the tourism staff and volunteers do a better job of guiding people to the abundance of sightseeing opportunities locally, from HLOM, to Darien Lake, to the Jell-O Museum to Genesee County Park & Forest and the Iroquois National Wildlife Refuge.

"We want to get people out into the county," Turnbull said.

Turnbull has heard from the critics, the people who are skeptical or concerned about chamber leaving Downtown.

We can do more for Main Street out there than we can down here," Turnbull said, adding, "The chamber itself might be better off here, but tourism isn't. While the chamber can be good out there, tourism can be great out there."

The location, at 8276 Park Road, was first spotted on Google Maps when a committee of chamber members were scouring the area for a potential location.

Turnbull admits that at first he didn't see the potential for the building.

"My vision isn't very good," Turnbull said. "I looked at it and said it's an ugly old house, but start talking to people and they say you can dress it up and put a nice facade on it."

Ed Smart has been hired to do a feasibility study and initial architectural drawings so officials can see just what can be done with the building.

Turnbull remembers the chamber talking about a project like this in 2000, when he was president of the Board of Directors, and in 2001, the chamber was about to purchase the former armory at Oak and Park, but then the 9/11 tragedy happened and the federal government decided it wanted to hold onto its buildings. The INS now occupies that space.

Then in 2007, the chamber and Town of Batavia started talking about a joint facility a little further west on Park Road, where Park turns south and Veterans Memorial Drive splits off to the west.

The plan was to open a joint court facility shared with Elba and Oakfield. But Elba and Oakfield backed out of the project as it neared the approval stage, so its languished since, which is what sent the chamber on a quest to find another potential location to fulfill its dreams.

The chamber has made a purchase offer that is contingent on the outcome of the study.

The plan is to tap into the $500,000-bed-tax reserve to pay for the tourism bureau's portion of the project. This is the kind of project the bed tax is meant to help fund, Turnbull said -- and County Manager Jay Gsell agrees -- and so the chamber will seek County Legislature approval for the expenditure of nearly all of the reserve.

The bed-tax money can only be used for the facade to promote tourism and the downstairs portion of the building that will be used as a visitors center. That is the bulk of the cost of the project.

But since this project is primarily about promoting tourism, Turnbull said he expects tourism revenue to fund some 70 to 80 percent of the total project. The chamber itself will pay for the balance and he said that balance is within the chamber's financial reach.

If the project goes through, the new visitor center could open in about a year.

As part of the History Heroes summer program, the Holland Land Office Musuem held its first penny carnival this afternoon. The kids were responsible for creating their own games. Some of the activities included a ping-pong toss, bowling, obstacle course and duck pond.

The museum has been hosting the summer history education program for five years. Museum Director Jeffrey Donahue decided to have an outdoor carnival this year to celebrate the bicentennial of the Holland Land Office building. Over the past two weeks, the kids have been learning about the history of landmarks in Batavia, firefighting and aviation.

Press release:

Foxprowl Collectables is celebrating being open five years at 440 Ellicott St. in the City of Batavia, this Saturday Aug. 8. Former Heavyweight Champion TNA Wrestler ERIC YOUNG will be at the store doing autographs and taking pictures with fans from 11:30 a.m. to 2:30 p.m.!

Foxprowl Collectables opened against the odds during the recession and the state's Ellicott Street lane reduction project. But it has since created local jobs and grown into a
Batavia attraction for many out-of-town and out-of-state consumers.

The event "Foxprowl-Con" promises to bring high-profile attention to the city and the store, continuing the rapid growth of Foxprowl Collectables.

Saturday's event will include free hot dogs and sodas, giveaways and more. See you there!

Gena Korn and Jennifer Gray are creating a bit of chalk artwork in front of City Hall this morning to help promote GO ART!s Chalk the Walk event Aug. 15 during Summer in the City. (Photo by Howard Owens).

Press release:

GO ART! will be presenting the second annual Chalk the Walk on Aug. 15^th from 9 a.m. - 6 p.m. during Summer in the City. Artists, professional and amateur and young and old, will be able to purchase a square section of concrete by the City Center to decorate with chalk pastels. There will also be a children’s section for fun scribbling.

Using materials available, artists will follow the theme “GO ART!...Where does art take YOU?” to create inspired pieces for a crowd of more than 2,000 people. Prizes will be awarded to those whose pieces are most outstanding. Adult First Prize will be $250. People’s Choice Award will be a $20 Alex’s Place gift card, two T-shirts, and two mugs. The Youth Prize will be a basket of goodies worth over $50.

A jury will select the winners for Adult First Prize and the Youth Prize. People’s Choice will be chosen by the general public by way of donation voting (ie: the art piece that receives the most donation money will be the People’s Choice winner). All donations collected for the People’s Choice Award will go to funding GO ART! youth programs.

To sign up for this event, people need to register online at http://www.goart.org/chalk-the-walk/ or register in person at GO ART!, 201 E. Main St., Batavia, from Tuesday through Friday between the hours of 9 a.m. and 4 p.m. People can also sign up and pay the day of the event but it is highly encouraged to do so ahead of time.

Remember, no one is officially registered until payment is received. Fees are $20 for adults (18+) and $10 for Youths (17 & under). Every registered artist will receive a box of chalks and a drink to get them started. There will be a chalk swap area where people can trade out their chalks for other colors they need. Artists are encouraged to bring their own chalks as well.

It is important to assure that each artist and their work, as well as the event itself, is respected, so there will be rules and regulations. These are available on the Web site at athttp://www.goart.org/chalk-the-walk/.

People can find updates on Chalk the Walk by going to the Web site:http://www.goart.org/chalk-the-walk/ or by following Chalk the Walk on Facebook:https://www.facebook.com/BataviaStreetPaintingFestival.

Please consider participating! It's going to be a great event! If you have any questions, please feel free to phone 585-343-9313 or visit americorps@GOart.org.

Jessica Horton, 25, of Telephone Road, Le Roy, is charged with seven counts of offering a false instrument for filing, 1st, and grand larceny, 3rd, following an investigation by the Genesee County Department of Social Services. Horton is accused of receiving more than $10,000 in Temporary Assistance and Food Stamp benefits that she was not entitled to after she submitted various forms stating her two children were residing with her when they were not. She was put in the Genesee County Jail on $5,000 bail.

Tia E. Schmieder, 23, of Central Avenue, Batavia, is charged with grand larceny, 4th, and identity theft, 2nd. Schmieder allegedly used another person's Target credit card without authorization to purchase $2,685 worth of merchandise from the Batavia store. Schmieder also is accused of using the same person's Bank of America credit card account number to obtain services exceeding $1,482 at Alex's Place and Best Western Crown Inn in Batavia.

Yolanda E. Johnson, 29, of West Main Street Road, Batavia, is charged with two counts of petit larceny following an investigation into a report of money that was allegedly stolen from a Byron resident. Johnson is accused of stealing money on two occasions while she was working at the person's home as an aide.

A Batavia man involved in the Summit Street raid in December received eight years in state prison yesterday, the maximum sentence available to Judge Robert C. Noonan.

Philip R. Ayala, 30, of Summit Street, was given the maximum sentence after he was arrested on additional felony possession of a controlled substance charges earlier today.

The recent charges result from an incident on July 9 when Ayala was arrested on a sealed indictment warrant out of Orleans County while on Vine Street in Batavia. When Ayala was arrested, he allegedly possessed 62 bags of crack cocaine.

Those charges violate the plea offer he accepted in June regarding the raid in December.

On June 3, Ayala pled guilty to fourth-degree criminal possession of a controlled substance, a Class C felony. After a $40,000 bond was posted for him, he was released until sentencing scheduled for Aug. 4. With the plea deal, he would have received no more than five years in prison if he didn't break any more laws prior to the sentencing date.

Due to Ayala's additional pending drug charges after he was released, Noonan adjourned the sentencing yesterday to conduct a pre-sentencing investigation. The sentencing resumed after Ayla was arrested today.

Assistant District Attorney Will Zickl requested that Ayala be given the max.

"One thing that is clear is the defendant is deeply committed to drug dealing and undertakes it as a business venture," Zickl said. "Ayala's criminal record and recent charges suggest he will never stop dealing drugs."

Ayala's attorney Jamie Welch argued that the defendant didn't violate the plea offer because he wasn't arrested prior to the original date of sentencing, Aug. 4. As a result, he stated the judge should impose no more than five years in prison.

Ayala made a short statement telling the judge he knew what he did was wrong and that he was sorry.

After hearing all the statements, Noonan said this was not the first time he has adjourned a sentencing to conduct an investigation after a defendant has been accused of additional charges. Noonan stated Ayala did violate the offer and should receive a longer prison sentence. Thus, Ayala was sentenced to eight years in state prison and three years post-release supervision.

From this day forward, when city firefighters pass down the hall leading into the aparatus bay to answer an alarm for a fire or medical call, they will pass a picture of Capt. Loren J. Michel, the only city firefighter to ever die in the line of duty.

The memorial to Michel also contains his badge, ID and the page from the logbook of his final call Aug. 5, 1965.

Looking over the mementos of his late friend, Bill Benedict stared at each item intently. It was a sad, sad day, the day he died, Benedict said.

"A lot of sadness that day," he said. "I was there that day. I was driving the aerial truck. I was on the top floor ventilating the roof. After I cut a hole in the roof, I nearly passed out with the gas. It was bad, bad gas."

The structure fire was reported at 402 Bank St. and a resident indicated her two children might still be inside. As acting chief that day, Michel led his crew into the house, kicking down the front door. As firefighters entered ahead of him, a fireball of flames exploded out of the house and Michel apparently inhaled the flames, burning his lungs. His face was also burned.

Michel was not wearing an air pack and staggered out of the house to get some oxygen. Wilbur Hinz, president of the Western New York Volunteer Firemen's Association, helped Michel walk to the truck.

Hinz drove Michel to Genesee Memorial Hospital.

Michel told Hinz to go to his house and tell his wife and daughter that he would be OK. By the time Hinz returned to ER, Michel was dead.

The service today, attended by members of Michel's family, included prayer and remembrances. A plaque was dedicated that will be placed on the outside of the fire hall and a wreath was lain at the grave of Michel in Grandview Cemetery.

The service was intended to recall the kind of man Michel was and his dedication to firefighting. He was an instructor, instrumental in creating the mutual aid and emergency management coordination that is still in place today.

He served the city for 24 years and was an honorary member of every volunteer fire company in the county.

"Capt. Michel's death was a devastating loss to his family, his community and the entire fire service," said Adam Palumbo, president of Local 896.

Palumbo and firefighter Mike Dorgan took the lead in organizing today's service.

Leonard Smatak, a firefighter and son-in-law of Michel's, recalled how this fallen hero devoted his life to serving others.

He shared one story of a structure fire that started with a boy who accidently lit his sister's bed on fire. The alarm was sounded quickly and the house was saved, but the boy was nowhere in sight when it was all over. Firefighters and police began a neighborhood search, but Michel said he would handle matters.

He figured the boy was hiding in the house, and he was right. Soon he and the boy came walking out of the house hand-in-hand. Michel sat the boy on the front seat of a fire truck and had a private chat with him. Smatak said that to this day, that boy, now a man, credits Michel with changing his life.

"To truly honor Capt. Michel in all that you do, do it right the first time, take no shortcuts, do it by the numbers, just as you were all trained to do," Smatak said.

Standing before the memorial, all city firefighters will pass from this day forward. Benedict said he'll never forget his friend or that tragic day.

"He was a nice man, a good leader," Benedict said. "Everybody liked him. He was well respected. We all miss him."

Firefighter Greg Ireland presents the Pledge of Allegiance at the start of the service.

Firefighter and Local 896 President Adam Palumbo with opening remarks.

City Fire Chief Jim Maxwell.

Firefighter Ryan Hendershott sounds the final bells for Capt. Michel.

Michael Szustak and Michel Lujan

Retired firefighter, Capt. Mike Mullen.

The service pin, as shown above, is the same one city firefighters will wear from now on on their Class A uniforms to honor Capt. Michel and the date of his death.

The laying of the wreath at Grandview Cemetery.

Four of the county's volunteer firefighters pay tribute to Capt. Michel.

Hog For Paws will be held on Saturday, Aug. 15, from 11 a.m. to 2 p.m. at Stan’s Harley Davidson, Inc., 4425 W. Saile Drive in Batavia. Hogs for Paws is a fundraising and reunion event for our local Genesee County Animal Shelter.

Activities at the event: 

• Microchipping for dogs and cats­ $30; Obedience Training with the K­9 Kahuna K­9 Demonstration; Face Painting;
• Magic w/Joe; 50/50 Raffle; T­shirt sale Vendors Open Arms Rescue;
• NEW this Year! 100-MILE RIDE -- $10 per person (includes lunch);
• Kickstands up at 10 a.m.;
• Lunch -- $5 per person -- All monies are donated to Volunteers for Animals -- includes a hotdog, salad and a drink. Thank you for your support! 

You can also show your support on: http://www.gofundme.com/vw967fc

Comics have been a hobby, a career and now an ambition for Batavia resident Dan Hosek.

The Long Island native is a former Marvel Comics editor who came to Western New York when his wife started school at SUNY Brockport. He happened to work for a graphics company at the time that had an office in Buffalo. They settled in Batavia, and now Hosek is a free-lance graphic designer.

But he still has a passion for the comic book business, and love that goes back to his childhood and a passion that survived a rocky bankruptcy reorganization by Marvel in the 1990s.

Hosek shared some of his expertise in comic book creation, marketing and distribution with a room of like-minded people at the Richmond Memorial Library on Tuesday night.

His advice: If you want to get published, work at it. Be prepared for long hours and don't be afraid to self-publish -- that can be a road success.

It's certainly a road he and his partners Keith Koppenhoefer and Ryan Gutierrez hope helps propel their series, File 13, to a bigger audience.

The trio hatched the idea for the series a few years ago -- based primarily on a character developed by Hosek when he was 12 years old. A year ago, they raised enough money through a Kickstarter campaign to get the first edition printed.  

Without a distributor, however, it's been a lot of work getting the comic book onto store shelves, but they have been making headway and sales.

"The micro-distribution route, that can be a full-time job in itself," Hosek said. "Calling comic shops, visiting comic shops, sending e-mails, and the whole follow-up is a lot of work, but we're getting there. It's growing. We're hoping the numbers get high enough that we can go back to Diamond (the only comic book distributor in the nation) and say 'we've sold this many,' and hopefully they'll look at the numbers and look at what we're doing and decide to distribute it."

The story is about two twin brothers who inherited a company and they have opposing views on the value of science. One brother believes science should only be used for the greater good, while the other believes science should be used in the service of the bottom line of the company they own. One brother is fired from the company, and he steals battle armor developed by the company. This leads to a whole universe of super heros who return to Earth after not being around since the 1980s.

While being both one of the creators and part of the whole marketing and distribution effort is a lot of work, the reception File 13 has received has been worth it, Hosek said.

"When you hold that finished comic book in your hands or somebody tells you how much they enjoyed it, it's a reward, so part of the drive comes from that, hearing from other people that they liked it and that you're producing something other people enjoyed," Hosek said.

You can find out more about the comic book series at www.whatisfile13.com, like the series on Facebook, or purchase editions at Foxprowl Collectables on Ellicott Street, Batavia.

The City of Batavia hosted its annual National Night Out community event at Birchwood Village on Tuesday evening.

Benjamin J. Bullard, 28, of Maple Street, Batavia, is charged with grand larceny, 4th. Bullard is accused of stealing $6,000 from an acquaintance's bedroom while she was on vacation. The incident happened at a residence on Swan Street. He was jailed without bail.

James C. Emerson, 53, of State Street, Batavia, is charged with allowing his dogs to habitually bark following an investigation into an alleged complaint where a dog was repeatedly left outside unattended for several hours and barked continuously. On Aug. 3 Emerson's dog was allegedly barking habitually from 7:30 to 9:45 p.m.

Robert L. Williams Jr., 24, of West Main Street, Batavia, was arrested on a bench warrant following a traffic stop by Deputy Joseph Corona. Williams was later turned over to the Batavia Police Department. He was put in the Genesee County Jail on $500 bail.

Cory J. Trybushyn, 27, of West Avenue, Batavia, is charged with petit larceny. Trybushyn allegedly stole merchandise from a business in the City of Batavia.

The city is holding an educational meeting to provide residents with information on deer management strategies and to discuss any concerns about the deer population.

The community-based deer management meeting will be held at 7 p.m. on Wednesday, Aug. 19, at City Hall. 

The city is partnering with the New York Department of Environmental Conservation for the meeting. The NY DEC Senior Wildlife Biologist Art Kirsh will present information on several topics including ecological damage, deer-related accidents and disease transmission. Kirsch will also cover deer management practices such as repellents, frightening devices, fencing and alternative plant species that are less attractive to deer.

 City Manager Jason Molino has received an increased amount of complaints from residents in the northeast part of the city regarding deer eating plants and gardens this year. The harsh winter may have caused more deer to move into the city from rural areas Molino said. However, there has been no increase in the amount of deer accidents.

The goal of the meeting is to discuss residents' concerns and damage-control techniques.

An automobile accident is reported at the intersection of Batavia -- Elba Townline Road and Pekin Road. A 5-year-old female requires medical evaluation. Town of Batavia Fire Department and Mercy medics are responding.

Vinyl Sticks in Batavia finished a project for Mercy Flight today involving a retired helicopter that the Buffalo-based medical emergency organization wants to display at events and at its headquarters.

A BOCES class in Erie County restored and painted the exterior of the craft and then it was trucked to Batavia for Vinyl Sticks to apply the ship's decals.

Adam Lowder handled the project.

Their baby-back pork ribs, beef brisket, pulled pork, Southern-style collard greens, and five-bean chuck-wagon beans were beloved by those who enjoyed the food. But the location of The Rib Shack on Ellicott Street Road proved too difficult, so the owners have pulled up stakes and are looking for a new location, said co-owner Melissa Penders.

The lack of a lunch crowd in an isolated location hurt cash flow, Penders said, but part of the decision to close was landlord due to difficulties.

The landlord is Rosemary Christian. Jim and Melissa Penders claim she illegally evicted them.

Melissa Penders said she will be happy to meet Christian in court because she has all the cancelled rent checks. She said Christian is claiming they owe "a ridiculous amount of money," but that all of the rent was paid.

Christian said she doesn't care what Penders has to show in court, the restaurant owners owed her money.

Over the weekend, all the signs came down and on Monday the Penders tried to remove the rest of their equipment, Penders said.  

Christian called the Sheriff's Office, Penders said, and Christian confirmed that local law enforcement responded.

"They were robbing me blind," Christian said.

Christian claims the building was left in "a mess." Penders said Christian wouldn't allow her inside the building to complete a final clean-up.

Penders said Christian was pushing them to sign a new lease, but they didn't want to commit to being in that location for another year, both because of the lunch-crowd issue and because she didn't want to deal with Christian for another year.

"Rosemary is very difficult to deal with," Penders said.

She said Christian presented them with an ultimatum to either sign a lease or get out, they chose to get out. As they were on their way out the door, Christian issued an eviction notice.

Christian said there was no demand to sign a lease or close. This was nothing but an eviction, she said.

Meanwhile, Jim and Melissa are looking for a new location and running their catering business out of their home, getting their kitchen upgraded to commercial and health department standards. All of their obligations for weddings and graduations and other events will be met, she said.

NOTE: Deal of the Day buyers, Melissa Penders said if you hold on to your gift certificates, they will be honored with the restaurant reopens. The expiration date will be honored. They are also good toward catering services. However, per The Batavian's policy, if you purchased your gift certificate within the past 30 days, we'll refund your money. Mail the gift certificate back to The Batavian, 200 E. Main St., #5, Batavia, NY 14020. If you elect to hold onto your gift certificate, e-mail howard@thebatavian.com and we'll send you a coupon code for a free ad posting on Batavia's List.

Press release:

The Batavia Business Improvement District (BID) will once again host the 13th Annual Summer in the City Festival in Downtown Batavia on Saturday, Aug. 15th, from 11 a.m. to 9 p.m. Last year, the event brought in more than 5,000 people from all over Western New York with over 200 classic cars. This year is expected to be even bigger and better.

The festival includes the annual Don Carroll 5K Race, a Summer Car Cruise, and at least 50 food and craft vendors. The KidsZone will include a Eurobungy (NEW), bounce houses, and lots of activities including workshops by The Home Depot. You can also participate in the GOArt! “Chalk the Walk” to win several prizes. (You must register with GO ART! to participate in this activity.)

New to the festival is a Bicycle Wheelie Contest by Adam Miller Toy and Bicycle on Center Street.

Entertainment for Summer in the City includes the Old Hippies (1-2 p.m.), Flatop Gypsy (Country music, 4-6 p.m.), and, of course, Terry “Elvis” Buchwald (7-9 p.m.).

The BID, which is an independent nonprofit organization, is dedicated to the revitalization of downtown. Every year it has a group of dedicated volunteers to help organize the event and/or help the day of the event. If anyone would like to help the day of the event, they are still looking for strong volunteers for setup and take-down.

The BID would like to thank its major sponsors Alpina Foods, The Batavian, The Home Depot, and WBTA Radio as well as several other sponsors who helped make this annual event happen once again.

For more info contact the BID Office at 585-344-0900 / e-mail Laurie at LOltramari@DowntownBataviaNY.com, visit us at www.DowntownBataviaNY.com, or  LIKE us on Facebook at DowntownBataviaBusinessImprovementDistrict.

With any luck, this dude from Woodbridge, Ontario, Canada, won't come down and pop-a-wheelie with the locals...

Gina L. Avino, 40, of Haven Lane, Batavia, is charged with two counts of public lewdness, harassment, 2nd, and resisting arrest following an investigation of a person exposing themselves near Wendy's on July 19. Witnesses reported that Avino allegedly was exposing her breasts and making sexual explicit gestures toward them. Batavia Police located Avino at her residence. When officers went to place her under arrest, she is accused of physically fighting with them. While in custody, she allegedly exposed herself again and spit on an officer. She was put in the Genesee County Jail on $3,000 bail.

Leslie R. Parris, 32, of Lewis Place, Batavia, is charged with harassment, 2nd, criminal contempt, 1st, and criminal contempt, 2nd, following an alleged domestic incident with another individual. Parris was put in the Genesee County Jail on $1,000 bail.

George J. Budzinack Jr., 35, of Harvester Avenue, Batavia, is charged with criminal mischief, 4th, and criminal contempt, 2nd. Budzinack is accused of breaking property belonging to another person. There was also an order of protection issued by Batavia City Court protecting the other person from Budzinack. He was put in the Genesee County Jail on $1,000 bail.

Jason E. Carpenter, 36, of Sunrise Parkway, Oakfield, is charged with criminal mischief, 4th, and criminal trespass, 2nd, after an arrest warrant was issued for an incident on Washington Avenue in Batavia. Carpenter allegedly entered a residence without permission and broke a car window. He was put in the Genesee County Jail on $1,000 bail.

Faith L. Finnin, 21, of Brockport, is charged with petit larceny. Finnin allegedly stole approximately $900 worth of cash and miscellaneous items while employed at Kmart in Batavia.

Steen L. Bordonaro, 49, of Woodcrest Drive, Batavia, is charged with criminal mischief, 4th, following an alleged road rage incident. Bordonaro is accused of using his motorcycle helmet to dent a vehicle door.

Daniel L. Pelton, 58, of Stafford, is charged with aggravated DWI and consumption of alcoholic beverages after he arrived at State Police Barracks to follow up on a previous complaint. Troopers stated they immediately detected a strong odor of alcohol and Pelton was given a standardized field sobriety test which he subsequently failed.