batavia

Joel David Prouty, 28, of Fisher Road, Oakfield, is charged with grand larceny, 4th, and criminal possession of a weapon, 4th. Prouty was arrested following an investigation by Deputy Chad Minuto into a report of a stolen rifle from a residence in Oakfield sometime between July and August. Prouty is accused of stealing a rifle and selling it to another person. Prouty has a prior felony conviction, leading the weapons charge. The rifle was recovered. Prouty is currently confined in the Genesee County Jail on unrelated charges.

Lauren E. Charache, 35, Myrtle Street, Le Roy, is charged with aggravated unlicensed operation, 2nd, and criminal possession of stolen property, 3rd. Charache was allegedly caught operating a vehicle that had been stolen from a person in Le Roy. Charache was held on $15,000 bail or $30,000 bond.

Steven Anthony Caldarelli, 52, of Portland Avenue, Rochester, was arrested on a warrant for criminal possession of stolen property. Caldarelli is accused of selling stolen property to a business in the Town of Batavia. He was jailed on $2,000 bail. He is also charged with petit larceny. He is accused of stealing power equipment from a vehicle that was parked in a parking lot in the Town of Batavia.

Michael Paul Dickens, 33, of Underwood Avenue, Hilton, is charged with harassment, 2nd. Dickens allegedly struck another person in the head while riding in the vehicle with that person on Route 19, Le Roy.

Jennifer Lynn Stack, 28, of South Main, Batavia, is charged with aggravated unlicensed operation, 3rd, and plate display violation (no front plate). She was also arrested on a warrant out of the Town of Gates. Stack was turned over to Gates PD following her arrest.

Chercal A. Smith, 19, of Bank Street, Batavia, is charged with assault, 3rd. Smith is accused of punching another person in the face with intent to cause injury.

Kristine S. Baker, 27, of Clinton Street, Batavia, is charged with dog running at large. Baker turned herself in on a warrant.

Jerry Tyrone Saddler Jr., 28, of Steel Street, Auburn, is charged with harassment, 2nd, and two counts of criminal contempt, 1st. Saddler was allegedly involved in a fight at 8:13 p.m., Tuesday, at a location on West Main Street in alleged violation of a court order barring offensive conduct around the other person. He reportedly has a prior criminal contempt conviction within the past five years.

An unidentified 18-year-old was arrested on a warrant for criminal obstruction of breathing, endangering the welfare of a child and criminal mischief, 4th. The suspect was located by Niagara Falls PD. The person allegedly did not abide by terms of a release under supervision order. The suspect was jailed on $1,000 bail or bond.

Eileen M. Wilcox, 46, of Brooklyn Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a driving while impaired by alcohol charge. Wilcox turned herself in to BPD and is ordered to court at a later date to pay off her fines.

Grand Jury Report:

Jared E. Fleming is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Fleming is accused of driving drunk July 31 on Transit Road, Stafford. He allegedly has a prior DWI conviction from January 2011.

Yik Yak has come to Batavia High School and administrators are monitoring the social media site with a wary eye.

Already the subject of national news stories because of reports of bullying, bomb threats and juvenile chatter, Yik Yak provides posters with complete anonymity and an audience of proximity and immediacy.

Recent posts have included invitations (yes, more than one) for people to list the biggest slut at the school, accusations of sexual crimes, and insults directed at specific students and teachers.

And according to a couple of posters, if you think that's bullying, then that's your problem.

"Cyberbullying not real," wrote one anonymous poster in all caps. "If you dont (sic) wanna be 'cyberbullied' then delete the app or turn ya phone off."

On the other hand, there are messages that decry the immaturity of high school students on Yik Yak and defend some of those insulted.

A few posts seem to even use the app as intended -- to post what's going on around them or make funny observations.

"30 likes and I'll show up to school tomorrow in a tutu and high heels," wrote one poster. The post received more than 50 likes. No reports on anybody showing up at BHS in a tutu and high heels, however.

Yik Yak is a mobile app, for use on smartphones and tablets. Messages are shared only within a 1.5-mile radius of the location of where the post was created.

The terms of service require users to be older than 17 and news reports say the company founders are concerned about use by high school students and are trying to find ways to block access on school campuses and prevent underage users from signing on.

In news reports, founders Tyler Droll and Brooks Buffington, who are given credit in some accounts for being responsive to teenage bullying concerns, admit their efforts to limit usage to adults has proven difficult.

So far, Yik Yak has received more than $60 million in venture capital funding.

Asked about the appearance of Yik Yak on the BHS campus, Principal Scott Wilson responded:

Yes, We are aware of Yik Yak. We are monitoring it and it is blocked from the district network. As with all social media sites, we expect students to be responsible. The advice we give students is to not to respond to negative posts. They should report concerns to a responsible, trusted adult. Parents, counselors, teachers and administrators can help by listening to the concerns, investigate and conduct the necessary follow-up. The anonymity of Yik Yak is a challenge for all of us when kids use it irresponsibly.

On the Web:

• The Wall Street Journal: Yik Yak Incidents Highlight New Social-Media Risks
• TechCrunch: Yik Yak Is An Anonymous Messaging App Aimed At College Campuses
• Boston.com: Yik Yak: The Bullying App Tearing Through America’s High Schools
• Washington Post: How do you solve a problem like Yik Yak?

There was a degree of frustration on all sides in council chambers Monday night over the long-simmering dispute over the state of the downtown mall after a resident raised the issue during public comments.

Some council members initially joined in the call of Richard Richmond to have the state's comptroller's office audit the city's legal fees associated with the city's dispute and the current lawsuit with the Mall Merchants Association.

Molino noted, however, that the city was audited last year and no irregularities related to legal bills were found.

He also asked what the goal of such an audit would be. The legal fees are public record and have been released before.

Richmond said he would like to see an itemized list of attorney fees for the mall, even suggesting audio go back six years to check for any inadvertent double billing.

The city's financial statements are scrutinized every year by an independent accountant, Molino told the council, and "they report any fraud or inconsistencies."

There have been no such reports.

Last year, resident John Roach issued a public records request and received documents showing the city's legal fees related to mall litigation, but some material was redacted if it could reveal information covered by attorney-client privilege. 

An audit, Molino suggested, would not necessarily uncover the kind of information perhaps some think it might.

"The comptroller is not going to provide you with guidance on what you pay for what services," Molino said. "They're not going to come in and tell you you're paying too much for police services, you're paying too much for fire services or you're paying too much for this."

Council members such as John Deleo expressed concern about how much was being spent on mall litigation and compared the years-long conflict with the mall association to a messy divorce that has gone on too long.

More than just the legal fees, perhaps, Deleo said, "people are concerned about the mall and the 57 buckets and how long does this divorce will go on."

After the meeting, Molino hinted at his own frustration with five or six years of disputes over the mall, but also expressed hope that a once-and-for-all solution can be reached during legal negotiations.

The condition of the mall and the disputes over the mall create a perception problem, Molino said, that could hold back redevelopment and brownfield development.

"It does not help the long-term success of the city nor the long-term success of the businesses and the redevelopment potential downtown, so, yes, it does hurt," Molino said. "It hurts everybody. I think everybody's business involved is going to benefit when it's resolved, and the city as a whole, and the community, will be able to get through this, and I hope it's a milestone that we can get past and say we were able to get past that hurdle."

There is an openness, Molino believes, to finding a solution to the disputes that led to the lawsuit, the involves negotiation and not further litigation.

"I think both parties want to resolve this issue and it's just a matter of coming together to find common ground that is going to meet everybody's needs," Molino said.

A kindergartener at Jackson Street School apparently misunderstood instructions from a nurse today and left school grounds instead of waiting for his father to pick him up, according to officials.

The child was missing for only a few minutes, Officer Eric Hill told WBTA.

At about the same time the nurse was calling Batavia PD, a child was located, dressed in hat, gloves and coat, on Washington Avenue. 

The school district issued the following statement about the incident:

Today at Jackson Primary School, a kindergarten student who was being dismissed from school early, walked out of a side door as per his normal dismissal procedures and started walking home rather than going to the school office for release. School officials immediately instituted their Emergency Procedures and contacted the police. The child was located shortly thereafter and returned safely to school and his parent.

The District will be reviewing its procedures to determine how today's incident occurred and make changes as necessary. As always, we place the safety of our students first and will take the necessary measures to protect  them.

Our news partners WBTA and 13WHAM contributed to this story.

A motor-vehicle accident with injuries is reported at 101 Summit St. near Washington Avenue. City fire is on scene and Mercy medics are responding.

UPDATE 2:50 p.m.: Command reports two vehicles involved; three people will need to be evaluated.

After 29 years of Gerace family ownership, Bob Harris Realty, has been sold to RealtyUSA, a company with 2,100 agents in offices from Albany to Buffalo.

The merger was announced at the Bob Harris offices on Ellicott Avenue this morning by Merle Whitehead, president, CEO and sole owner of RealtyUSA, with Joe and Lois Gerace at his side and their sons John and Robert standing nearby.  

"We acquired the assets of Bob Harris Realty, but more importantly, we acquired a household name in Batavia in realty," Whitehead said. "What a great asset for RealtyUSA to enter this market with such a strong family name and reputation, so we're really excited."

Founded in Williamsville in 1959, RealtyUSA grew to be the market leader in the Buffalo area and has expanded over the years through acquisition, Whitehead said, to become the market leader in Rochester, Syracuse, Albany, Corning and Elmira.

Last year the company handled $3.6 billion in transactions.

Lois Gerace said she will remain active in the business and doesn't plan to retire just yet. 

"I'm looking forward to at least another five years, easily," Gerace said.

John Gerace will be the manager of the RealtyUSA office.

Whitehead said his company will be able to bring resources to Bob Harris that the company didn't have on its own, such as training and the ability to hire more agents. The corporate office will also take on many tasks involved in running a real estate business, including marketing.

Lois Gerace said the new technology RealtyUSA is able to provide will benefit the business.

"We think we're going to provide better service to our customers, and we're excited," Gerace said.

While recognizing that the Bob Harris brand is well established in Genesee County, Whitehead said given the strong market presence RealtyUSA has to the east and to the west, changing the local name of the business only makes sense.

"We have an incredible Web site," Whitehead said. "It's been named the fourth best real estate Web site in America, so we want to use realtyusa.com to market in this area."

The acquisition is effective today.

The 16-year-old was last seen at Batavia High School at 11:30 a.m., Monday. 

She was wearing a black and silver scarf, a black and pink cosmetology sweater, black yoga pants and white Jordan high-top sneakers. 

She was carrying a cheetah-print backpack.

She may still be in the local area.

Tips on her whereabouts should go to Batavia PD, (585) 345-6350.

"As in all cases of runaway youth, people who knowingly harbor these individuals are committing a crime," said Det. Rich Schauf.

UPDATE 4:30 p.m.: Olivia A. Rivera-Ellis has been located.

A conservative look at sales tax revenue for the city is driving a proposal to raise property taxes by 16 cents per $1,000 of assessed value, City Manager Jason Molino told City Council members Monday night during his 2015-16 budget presentation.

The drop in fuel prices benefits consumers, but plays havoc on local government, which derives 18 percent of sales tax revenue from fuel sales.

Sales tax accounts for 40 percent of the city's overall general fund revenue.

Molino projects $15,848,884 in general fund spending for 2015-16, a 1.08-percent reduction (or $253,001) in spending from the current fiscal year.

Even with the reduced spending, the projected shortfall in sales tax means local property owners will be asked to help pick up the slack.

The new city tax rate would be $9.30 cents.

On a home assessed at $90,000, the property owner would pay $69.75 per month, up $1.20 over this year. 

For property taxes that are roughly half what many households pay these days for mobile phone service, residents receive a bevy of city services, including police and fire protection, road and sidewalk maintenance and parks. The value, he suggested, was just as great or greater than mobile phone service.

"I thought it (the analogy) would help put things in perspective," Molino said after the meeting.

While the local economy is improving, and by some measures is stronger than the state or national economy, there is a lot of room for improvement, Molino noted.

There is the potential for even better job growth, especially if plans for the Genesee Valley Agri-Business Park and WNY STAMP continue to come together, but in the here and now, the city needs to be conservative in its budgeting process, Molino said.

The city also needs to take a close look at its aging sewer and water infrastructure.

He is proposing a revised rate structure -- one that does away with the current two-tier system -- and includes a projected $1 per month increase for the average consumer to help pay for maintenance and upgrades to the system.

The proposal calls for $22 million in capital investment in sewer and water over a 10-year period.

Without the changes, not only will needed replacements and upgrades not take place, the city's sewer and water system will soon start losing money.

As modern, water-saving appliances become more common in local homes, local water consumption has decreased. That's a trend, Molino said, he expects to see continue.

However, it costs just as much to deliver two million gallons of water as it does three million gallons. The reduction in consumption doesn't reduce the cost of the system that delivers the water, but reduced consumption does decrease revenue.

The city will need to increase water rates, he said, to keep pace with water delivery costs.

What Molino presented Monday is a budget proposal. It will now be up to the council to go through the budget, ask questions and potentially suggest changes. There will be a public hearing on the budget before it is adopted.

The proposed budget will be posted on the city's Web site later today.

Five Genesee County fire departments are responding, mutual aid, to the Town of Covington in Wyoming County for a working structure fire with a person still inside the residence. The location is 864 Perry Road. In addition to Covington fire, responders requested include Le Roy, Pavilion, Bethany, Stafford and the City of Batavia Fast Team.

UPDATE 5:28 a.m.: The person inside got out safely. The fire is out. The assignment is back in service. The resident told firefighters he normally throws debris from his heat stove outside his back door, and did so this time but forgot about a wooden pallet he put there. It caught fire and smoke came up through the back porch into the house, waking the resident. The fire burnt a portion of the back porch.

A driver involved in an accident Sunday night on Ellicott Street near Jackson Avenue that sent two people to the hospital has been charged with DWI.

Reid E. Scott, 23, of Bear Road, Cowlesville, is also charged with driving with a BAC of .08 or greater, leaving the scene of an injury accident, reckless driving, speeding and consuming alcohol in a motor vehicle. 

Scott's vehicle was northbound on Ellicott Street, allegedly at a high rate of speed, according to investigators. A second vehicle was in the left-turn lane, intending to turn into Kwik Fill, and Scott allegedly attempted to pass the vehicle on the left by driving in the wrong lane toward oncoming traffic.

Scott's vehicle struck the turning vehicle. His vehicle then continued north striking a railroad crossing sign and utility pole.

Scott allegedly fled the scene of the accident on foot and was later located in Jackson Square. He suffered a hand injury.

Batavia PD did not release the names of the occupants of the other vehicle or provide information on their injuries.

UPDATE Tuesday, 4:50 p.m.: The driver of the second vehicle was Frances Riggs, of Brockport, and the passenger was Mattie Cole, of Albion. Both were transported to UMMC, but neither suffered a significant  injury, according to Sgt. Chris Camp. 

Tony Mancuso sent in this photo of his father, Joseph Laurence Mancuso, handing out NRA junior diplomas many years ago.

Tony's father did gun safety training and started Batavia Archers.

Tony said he doesn't know the other folks in the photo, but said it would be great to find out who they are. Recognize anybody? Leave a comment, if so.

Jason Gerard Heineman, 42, of Batavia Oakfield Townline Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right, driving left of pavement markings and refusal to take breath test. Heineman was stopped at 12:59 a.m. Saturday on Phelps Road, Pembroke, by Deputy Andrew Hale.

Edward William Zastrow, 33, of Town Line Road, Bergen, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely. Zastrow was arrested by Sgt. Eric Seppala after his vehicle reportedly went off the roadway on Buffalo Street, Bergen, at 1:14 a.m. Sunday.

Devon James Schulman, 19, of Walnut Street, Batavia, is charged with petit larceny. Schulman is accused of stealing merchandise from Walmart.

Curtis L. Williams, 34, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Williams turned himself in on the warrant.

Gregory Marcus Munroe II, 26, of Harvester Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a disorderly conduct charge. Munroe turned himself in on the warrant.

Kim M. Sobczak, 52, of Batavia, is charged with petit larceny, controlled substance not in original container and criminal possession of a controlled substance. Sobczak was arrested at Kmart at 12:30 p.m. Friday by State Police. No further details released. UPDATE: NYSP has released additional information on this case. According to police, Sobczak was caught leaving Kmart with a shopping cart full of assorted items with a value of more than $300. She was allegedly found during her arrest with a pill bottle containing acetaminophen/oxycodone and acetaminophen/hydrocodone pill tablets.

Ethan T. Ellis, 30, of Brockport, Mark J. Friga, 29, David A. Morre, 26, Victor F. Martinez, 26, all of  Rochester, were charged with trespass. The four men were allegedly found by State Police riding ATVs on private property off Circular Hill Road, Le Roy, last week. The property is owned by Hanson Aggregates.

High Voltage Tattoo and Piercing is hosting its annual tattoo and piercing event to benefit local charities Friday and Saturday from noon to 8 p.m. on both days.

Tattoos, based on available selections, are $35 each and piercings are $15 each.

Proceeds benefit Volunteers for Animals, HomeCare & Hospice, and Justice for Children.

The event always draws a big crowd, so you want to arrive early.

High Voltage is at the corner of West Main Street and Thomas Avenue in Batavia.

Pictured are James Gommenginger, Jeremy Fridman and Mark Fanara.

An accident involving multiple vehicles, unknown injuries, is reported at 99 Jackson St. at the Red Apple Food Mart / Kwik Fill Gas Station. Mercy medics are on scene along with city firefighters.

UPDATE 10:23 p.m.: The driver of one of two vehicles involved fled the scene on foot and was subsequently located in Jackson Square in need of medical attention. A second ambulance went to that location. The driver of the other car had to be extricated. Howard at the scene says "It looks like they hit pretty hard."

UPDATE 11:16 p.m.: (Howard) At the time I left the scene, police officers had not yet pieced together the narrative of the accident. A witness said he was pumping gas when he heard a bang and looked up as saw a sedan hurtling toward the Kwik Fill station. The driver plowed through the snow and came to rest near the turn lane at Jackson and Ellicott. The witness said the airbags deployed and the driver seemed pretty incoherant. He said he helped the driver from the car and walked him over to the north side of Ellicott Street and sat him down on the curb. It was some time after that that the driver apparently decided to flee the scene. He was located later in Jackson Square and had a cut on his hand. The driver of the other car had a passenger.  The driver required extrication and appeared to be in a good deal of pain. The passenger was helped from the vehicle and stood for a moment before being placed on a stretcher.  The police will release more information once they have a better idea of what happened. The accident was reported as "multiple vehicles" at first because two or three cars stopped on Jackson because the drivers had witnessed the collision.

Chief Don Newton, East Pembroke Fire Department, received the Service Award for 2014, and Fire Training Officer James Gayton was named Firefighter of the Year Saturday night during the department's annual installation dinner.

Counting fire calls, accidents and EMS calls, East Pembroke went on 350 calls in 2014, up from the recent average year of about 300 calls.

The 2015 firematic officers as elected by members are: Newton, chief; Stephen Smelski, 1st assistant chief; Williams Torres Jr., 2nd assistant chief; Donald Newton Sr., firematic captain; Jose Santini, firematic lieutenant; Lori Ann Santini, EMS captain; Robert Yungfleisch, EMS lieutenant; Ray Schramm, fire police captain; Chris Bennett, fire police lieutenant; Gayton, training officer; Smelski, safety officer.

Candles were lit after the dinner in a memorial service to honor fallen first responders and members of the military.

Genesee County Emergency Management Coordinator Tim Yaeger administered the oath of office for department and district officers.

A vehicle crashed into a telephone pole and injuries are reported at 60 Clinton St. in the city. The pole snapped and wire are down. City fire, police and Mercy medics are responding. National Grid has been notified.

UPDATE 3:05 a.m.: The driver's injuries appear to be minor. The cause of the accident is under investigation. National Grid is on scene. 

UPDATE 3:08 a.m.: City fire is back in service.

A car versus pole accident is reported at 8056 Bank Street Road. Unknown injuries, but there is entrapment. Town of Batavia fire and Mercy medics are responding.

The driver of a pickup truck that plowed into the western entryway of Batavia's police headquarters did so intentionally, investigators say.

Charges are pending against Steven J. Mancuso-Haitz Jr., according to a statement released by BPD.

Mancuso-Haitz is identified by police as the man who drove a 1998 Chevrolet S10 pickup into the building at 2:57 p.m., Friday, causing damage to the doorway, but apparently not causing any structural damage.

The driver was transported to Strong Memorial Hospital for evaluation.

The investigation is ongoing, police said.

No motive was given for Mancuso-Haitz to allegedly drive his truck into the building. Mancuso-Haitz has had prior local law enforcement contact, including an incident that led to this correction by The Batavian in 2011.

A truck reportedly struck the Batavia Police Station at 10 W. Main St. and a person is trapped inside the vehicle. City fire and Mercy medics are responding.

UPDATE 3:04 p.m.: The driver is speaking with a police officer.

UPDATE: The male driver was not seriously injured. He was transported to a hospital outside of Genesee County.

More information in the video: