batavia

Yesterday work crews started removing the fuel pumps and fuel tanks from the Wilson Farms location at 355 W. Main St., Batavia.

While people have told us the tanks needed to be removed because they were leaking fuel into the Tonawanda Creek, information obtained from the DEC indicates that's just not the case.

While there is some localized soil contamination, which the DEC is supervising for remedial clean up, the leak is contained to the property.

The property owner is listed as Sugar Creek Stores. Both Wilson Farms and Sugar Creek were sold to 7-Eleven early last year.

Earlier this year, 7-Eleven announced it was selling two Wilson Farms stores in Batavia. Industry reports at the time indicated 7-Eleven was not interested in locations that sell gas, but 7-Eleven recently rebranded the former Wilson Farms location in Oakfield.

While a source tells us the property owner plans to discontinue gas sales at the West Main Street location in the city, we've not yet been able to confirm that with a company representative.

The property is .35 acres and stretches from the shared property line with Settler's west toward Lambert's Design Jewelers, with a length of green space in between the buildings.

Fuel tank removal is expected to take another week or two.

UPDATE: A spokeswoman for 7-Eleven said the property is on the company's "divestiture list." It will be sold.

City PD just announced, as far as they're concerned, Halloween is Oct. 31, and that's not changing.

Police officials are asking parents and trick-or-treaters to conduct Halloween activities Wednesday from 6 to 9 p.m.

Police officers will be on patrol to help ensure the safety of children. If a Halloween emergency should arise, call 9-1-1.

The forecast for Wednesday is temperatures in the 40s and scattered rain showers.

Juveniles are "apparently lighting themselves on fire" near 15 Harvester Ave. in the city. A caller reports they are spraying themselves with some sort of aerosol and then trying to ignite it. Police are responding.

UPDATE 3:56 p.m.: Police on scene found nothing. The caller said the activity took place in a front yard. Police are trying to make contact with them.

UPDATE 3:59 p.m.: The caller says she saw the youngsters go up on a nearby porch, and then possibly into the house.

Sandy Mullen sent in this picture of the large willow that fell in her back yard on Ross Street, Batavia.

A tree has reportedly fallen into power lines on Clinton Street, Batavia.

City fire responding.

National Grid notified.

UPDATE 2:02 p.m.: The homeowner said he contacted National Grid some three hours before calling the fire department. He only called fire after one of the power lines started sparking. Fire officials assessed the situation and advised the homeowner to wait for National Grid. City fire is back in service.

Not all the trees lost their fall leaves over night. This is a tree on South Main Street. The picture was taken from behind Billy Goats on West Main Street, Batavia.

A woman accused of breaking into the home of a person she knew in Le Roy and trashing the residence entered a guilty plea this morning to burglary in the third degree.

As part of her plea deal, Karen L. Stone, 45, of Elm Street, Le Roy, faces from four to six months of intermittent jail time and five years probation.

Stone reportedly caused significant damage inside the home while the resident was away.

She was originally charged with second-degree burglary and petit larceny.

Sentencing is set for 1:30 p.m., Jan. 14.

A car hit a tree on Evans Street, Batavia, just before 10 a.m. No injuries were reported.

Robert Scott DeSmit, 47, of 14280 Gillette Road, Barre, is charged with criminal contempt, 2nd. DeSmit is accused of violating a complete stay away order issued in Family Court by sending an e-mail message attempting to arrange a meeting to the protected party Oct. 23. DeSmit allegedly followed up with a text message sent from his e-mail address to the protected party's mobile phone that read, “I got the order. I’m sorry. I sent you an e-mail.” DeSmit was arrested Oct. 24 by Batavia PD.

Ranelle E. Reuben, 30, of Basom, is charged with felony DWI, aggravated unlicensed operation, refusal of breath test, stopping/standing on public highway, drinking alcohol while operating a motor vehicle and driving without a license. Reuben was arrested by State Police at 2:40 a.m., Sunday, on Route 77, Pembroke.

Brandon Charles Smart, 35, no permanent address, is charged with trespass. Smart turned himself in on a warrant pending in Le Roy Town Court. Smart is accused of trespassing at Buttermilk Falls on June 14.

Electrical wires rubbing against a tree limb early this morning sparked a small fire at Washington and Ross streets, which led to a power outage for the area and the closure of all Batavia City Schools.

The location is directly in front of Batavia Middle School.

The school district posted this statement on its Web site this morning: "All of the schools in the Batavia City School District are closed today, October 30, due to a power line malfunction."

The fire and school closure were perhaps the most significant overnight event as a result of what was left of Superstorm Sandy passing over Genesee County.

There were only a few trees down, some power loss -- at one point, more than 1,800 National Grid customers were without power -- and a couple of utility poles fell.

The current city outage effects 178 customers. There is also an outage is South Byron for 49 customers and another in East Bethany for 23 customers.

National Grid crews are also working in Darien this morning to restore power to fewer than five homes.

As Sandy winds down, the forecast for Genesee County over the next six hours is for cloudy and windy conditions with scattered rain showers. Winds will blow east-northeast at 20 to 25 mph.

A flood watch remains in effect until noon.

The other storm damage early this morning in the city was a window was blown out on the front of Falcone Electric Supply Co., on West Main Street.

The case of Justin C. Smith is an example, Judge Robert C. Noonan said in county court today, of what can happen when a "basically good person has drugs take control of his life."

On Nov. 18, Smith broke into the residence of a friend on Porter Avenue and stole an item and pawned it.

In July, Smith admitted to attempted burglary, 2nd.

Because Smith has a prior non-violent felony conviction, from 2007, the minimum sentence available to Noonan was three years. Smith will spend three years in prison.

"There are a lot of different kinds of entries into somebody's house and your's violated the trust of a friend," Noonan said. "You accessed the property of somebody you knew and, unfortunately for you, that is classified as a violent felony with a mandatory determinate sentence."

A friend of Smith's sat in the gallery and wept as Noonan pronounced sentence.

One his term is completed, Smith will be on post-release supervision for five years.

He must also pay restitution to Pawn King for $105.

We encourage readers to send us information about closures, cancelations and postponements or rescheduling of events, roads, activities, businesses, services, etc., as we all hunker down in preparation for Hurricane Sandy. I'll add them ASAP.

E-mail them to:

billie@thebatavian.com

or

howard@thebatavian.com

*********************

Phone:

Billie (585) 905-5581

Howard (585) 260-6970

• Canceled: Tuesday night Bingo at the Elba Fire Hall is cancelled.
• Postponed: Muller Quaker Dairy meet-and-greet Tuesday, Oct. 30, at Genesee Community College.
• Canceled: All afternoon and evening activities today in the Oakfield-Alabama school district.
• Canceled: The 4-H Volunteer Training scheduled for tonight at the Cornell Cooperative Extension of Genesee County Building.
• Canceled: All activities scheduled after 5 p.m. today in the Elba Central School District.
• Canceled: All after-school activities in the Byron-Bergen school district.
• Canceled: This evening's classes of the Genesee Valley Educational Partnership Education.
• Canceled: All activities scheduled after 5 p.m. today in the Pavilion Central School District.
• Temporary closure of GCC campuses as of 4 p.m. today: To help ensure the safety of students, faculty and staff, and encourage everyone to remain indoors and avoid unnecessary pedestrian and vehicle travel during this time, Genesee Community College will close today effective at 4 p.m. This closing includes all Campus Centers in Albion, Arcade, Dansville, Lima, Medina and Warsaw, as well as the Batavia Campus. If you have any questions concerning closing and class cancellation procedures, please refer to http://www.genesee.edu/gcc/closing/.
  Classes are expected to resume on a normal schedule Tuesday, Oct. 30. Faculty, staff and students are encouraged to check the local news channels and the college's Web site before leaving for campus Tuesday morning.
• Canceled: Tonight's 7 o'clock Bible Study with Just Joy! Ministries at the YWCA.

Press release:

In preparation for the upcoming storm the National Weather Service has issued a High Wind Warning from 5 p.m. today until 2 p.m. Tuesday. North or northeast winds are expected from 30-45 mph with gusts up to 65 mph. In addition, due to the unusual direction of the wind and saturated ground, tree uprooting is of particular concern.

Rainfall amounts of 2 to 2.5 inches are forecast from Monday afternoon through Tuesday morning, though there will be localized areas that receive more rain.

All residents are advised to move leaves or debris from the roadway to the parkway between the sidewalk and curb, in addition to keeping all storm water catch basins clean and clear of debris.  Keeping the roadways, gutters and catch basins clear of leaves and debris may assist in mitigating localized flooding concerns. Also, residents are encouraged to check sump pumps to ensure they are functioning properly.

All residents are advised that garbage and recycling collection is CANCELLED for Tuesday pickup and will presume on Wednesday. Residents are advised not to put out garbage and recycling containers for collection Monday evening or Tuesday morning for Tuesday pickup. All collection days will be pushed back one day, and Friday pickup will be on Saturday. 

High Wind Safety Information

High winds can cause downed trees and power lines, flying debris and building collapses, which may lead to power outages, transportation disruptions, damage to buildings and vehicles, and injury or death. Please stay inside when a Wind Advisory or Wind Warning has been issued.

All residents are encouraged to conduct a home safety search to look for items that can move, fall, or break in windy conditions. In addition, move or secure lawn furniture, outdoor decorations (Halloween), trash cans, hanging plants, and anything that can be picked up by wind and become a projectile.

The safest place during high winds is indoors. Postpone outdoor activities if a wind advisory or high wind warning has been issued.

• Watch for flying debris. Tree limbs may break and street signs may become loose during strong wind gusts. Keep an eye toward nearby balconies for loose objects that may fall.
• Take cover next to a building or under a shelter. Stand clear of roadways or train tracks, as a gust may blow you into the path of an oncoming vehicle.
• Use handrails where available on outdoor walkways and avoid other elevated areas such as roofs without adequate railing.
• Avoid anything that may be touching downed lines, including vehicles or tree branches. Puddles and even wet or snow-covered ground can conduct electricity in some cases. Warn others to stay away.
• Do not touch anyone who has been shocked who may be in direct or indirect contact with a power line. You may become a second victim. Get medical attention as quickly as possible by calling 9-1-1.
• When driving, keep both hands on the wheel and slow down. Watch for objects blowing across the roadway and into your path.
• Keep a safe distance from cars in adjacent lanes as strong gusts could push a car outside its lane of travel.
• Take extra care in a high-profile vehicle such as a truck, van, SUV, or when towing a trailer, as these are more prone to be pushed or even flipped by high wind gusts.
• If winds are severe enough to prevent safe driving, get onto the shoulder of the road and stop, making sure you are away from trees or other tall objects that could fall onto your vehicle. Stay in the car and turn on the hazard lights until the wind subsides.
• If a line falls on your car, stay inside the vehicle. Take care not to touch any of the metal frame of your vehicle. Honk your horn, roll down the window and warn anyone who may approach of the danger. Ask someone to call the police. Do not exit the car until help arrives, unless it catches on fire. To exit, open the door, but do not step out. Jump, without touching any of the metal portions of the car's exterior, to safe ground and get quickly away.

The city encourages all residents to take the necessary precautions to prevent injury to themselves and others. Should any resident need the assistance of an emergency responder please call 9-1-1.

If there are any questions, please contact:

Office of the City Manager

One Batavia City Centre

Batavia, New York 14020

Phone: (585) 345-6330

Fax: (585) 343-8182

E-mail:  jmolino@batavianewyork.com

A Canandaigua man will serve a 90-day intermittent sentence in jail and five years on probation for claiming fraudulent unemployment benefits in Genesee County.

He faces similar charges in Ontario County.

Nicholas A. Caliese must repay the county $12,829.50.

Caliese entered a guilty plea to grand larceny, 3rd, in Genesee County Court on July 6.

His sentence was based on a plea deal struck over the summer.

Currently, Caliese is working two jobs, one is full-time, and going to school.

"A probation sentence is appropriate, giving him the opportunity to continue forward with the positive steps that he’s just made recently," said Billy Tedford, his attorney.

City residents, if you've piled your leaves in the street, please move them into the parkway -- between the curb and the sidewalk -- this morning.

City Manager Jason Molino said the city's leaf removal program started a week ago, but there's still a lot of leaves on the ground, and even though in a press release last week the city asked residents not to pile leaves in the street, some have.

"They're a hazard to cars, but in a situation like this, they clog storm drains and prevent storm water runoff," Molino said.

Residents should especially take action to prevent any piles of leaves from blocking catch basins and storm drains.

City crews -- both DPW and fire -- have been ensuring all equipment -- from pumping equipment to chainsaws and all vehicles are in good working order, fueled and ready to go.

There will be a full compliment of DPW workers available today and this evening, Molino said.

The city will have more information about storm preparedness later this morning.

Jamie R. Alford, 22, of 219 N. Spruce St., Batavia, is charged with disorderly conduct and resisting arrest. Batavia PD responded to a report of a disturbance in the bar at Days Inn at 1:18 a.m., Sunday. Several people were reportedly involved in several fights inside and outside the hotel. Alford was reportedly among people ordered by hotel staff and police officers to leave the property. While patrols were dispersing the crowd, Alford allegedly tried to start another fight in the bar area. When officers attempted to arrest Alford, he allegedly resisted arrest and fought with police. Following arraignment in city court, Alford was jailed on $500 bail.

Alicia M. Stankwick, 21, of 318 E. Main St., Apt. #2, Batavia, is charged with criminal contempt. Stankwick allegedly violated an order of protection by having a third-party communicate with the protected party.

Roger L. Lashure Sr., 45, of 3322 W. Main St. Road, Batavia, is charged with three counts of criminal contempt, 2nd. Lashure is accused of contacting a person he was ordered not to contact on three occasions between Oct. 23 and Oct. 25.

Abigail R. Storman, 17, of 111 State St., Batavia, is charged with menacing, 2nd, harassment, 2nd, criminal mischief, 4th, and harassment, 2nd. Stroman is accused to threatening a person by holding a knife and stating she would "slice up" the person at 9:15 a.m., Thursday. She also allegedly threatened to hit the person while raising her fist. She allegedly punched and broke a window in the residence.

Scott Dwayne Kingdon, 46, of Sparks Road, Pavilion, is charged with aggravated harassment, 2nd. Kingdon is accused of constantly contacting a person through Facebook, texting and e-mails after being old not to have contact with the person. An order of protection was issued following Kingdon's arrest.

Garfield George Phillips, 46, of Lincoln Avenue, Rochester, is charged with issuing a bad check. Phillips was taken into custody by Rochester PD on an arrest warrant out of Le Roy Town Court and turned over to the Sherrif's Office. Phillips is accused of writing a bad check July 25 in the amount of $2,400.

Ashlea Marie Harmon, 21, of Edwards Street, Batavia, is charged with petit larceny. Harmon is accused of stealing a Kindle Fire from an apartment where she was babysitting and then pawning the ebook reader.

Batavia Kiwanis hosted another successful Pancake Days pancake breakfast at the First Presbyterian Church today.

Holly Lindsey submitted this photo of four generations of Roy Joseph Muntz. Roy Sr., left, is 81. Roy Jr., is 55, Roy III, is 31 and holding Roy IV. The Muntz family lives in Oakfield and Batavia.

A motor-vehicle accident with injuries is reported in front of 8204 Park Road, just off of Oak Street. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 5:22 p.m.: A responder on scene says there's one minor chest injury, probably due to seat belt friction. Three vehicles are involved.

Daphne Cross started her professional life as a waitress. Now she's a restaurant owner, and her new business has her name on it.

The sign was installed today. The restaurant opens Monday.

The location will be familiar to a lot of area residents. It's on South Swan Street at the former St. Nick's Social Club.

Jeremy Yasses bought the building in June partially hoping to revive the legendary club, but when that idea didn't go as he'd hoped, he let Cross know the building was available.

"It's a nice location," Cross said. "It's big. It's on the Southside. There are residents around. They're excited. Somebody stops in every day."

The grand opening will be in three or four weeks after Cross's liquor license is approved.

For the past several weeks, Cross and crew have been busy cleaning, painting and installing equipment.

Her chef, Mark DeCann, said the menu will feature Italian dishes, seafood and steak.

"The three basics everybody wants," DeCann said.

He promises, "It will be good."