batavia

A plan to open a teen nightclub on East Main Street, Batavia, has hit a snag.

Tim Walton and Mike Marchese Jr., who planned to partner on Impulz Teen Nightclub, discovered through the planning process that their selection location requires a sprinkler system for the planned use.

The building is 7,350 sq. ft. and because the maximum capacity for the building is more than 100 persons, code requires a sprinkler system.

Not just any plumber can install it, said Walton. The cost could top $50,000.

"Right now we got a price and it's looking like it's gonna cost an additional $50,000," Walton said.

The partners are going to look into getting a price for a dry sprinkler system and see what the pricing and regulations would be on that.

"If the price can't drop any lower, then I would have to go back and refigure some numbers. Those numbers would have us into this well over $100,000 and I would have to be sure it would workout."

Walton and Marchese aren't ruling out opening the club, even at the original planned location at 624 E. Main St., but feel that current circumstances will make it difficult.

"If it's meant to happen it will play out." Walton said. "If not, then there will be other opportunities."

Police, Fire and Mercy EMS are on scene of a two-car accident at the corner of Main and Bank streets, downtown Batavia.

Traffic is backing up in the westbound lanes of Main Street.

A Batavia resident was arrested on a drug-trafficking warrant following a traffic stop on Washington Avenue on Tuesday by members of the Local Drug Enforcement Task Force.

He is accused of selling cocaine in and around the City of Batavia.

Charged with four felonies in a sealed indictment is Jeffery A. Hewitt, 32, of State Street.

He is accused of selling drugs to an agent of the task force.

Hewitt is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Hewitt was jailed without bail pending arraignment in Genesee County Court.

Justin Amend, who admitted to public lewdness for engaging in a sexual act in Farrall Park with Suzanne Corona, appeared in City Court this morning.

The 29-year-old former Oakfield resident had been a fugitive from justice after he failed to appear for sentencing in November. He turned himself in this week.

Upon appearing before Judge Robert Balbick this morning, Amend's attorney, Tom Williams, requested permission to apply to the Sheriff's Office for a weekend work-release program. 

Spots are limited in the program and there is no guarantee Amend will be accepted.

Balbick also said given Amend's decision to move out of the area, any prior sentencing agreement no longer applies.

"At this point he stands before me having entered a guilty plea to public lewdness, a Class B misdemeanor," Balbick told Williams. "I have complete authority to sentence him within full perimeters of the law."

Amend could face up to 90 days in jail.

Sentencing is scheduled for next Wednesday.

Ajuna Mona Pruitt, 19, of Dawnhaven Drive, Rochester, is charged with reckless endangerment and criminal trespass, 2nd. Pruitt is accused of entering a room at College Village without permission and then, while in the parking lot, striking another woman with her car. The alleged incident occurred at 6:30 p.m., Monday.

Ajuna M. Pruitt, 19, of Dawnhaven Drive, Rochester, along with Ebony S. Barnes, 18, of Chaplain Street, Rochester and Shibritney M. Colbert, 19, of Shelter Street, Rochester, are charged with harassment, 2nd. The trio are accused of going to an apartment at College Village at 10:39 p.m., Tuesday, and banging and kicking on a door in an attempt to get the resident to come out and fight.

Danielle Marie Kotmel, 30, of East Main Street, Corfu, is charged with petit larceny. Kotmel is accused of stealing a red Dell laptop computer. The alleged theft is believed to have occurred in December but was not discovered until an audit was completed in January.

Robert G. Woodhouse Jr., 50, of Creek Road, Bethany, is charged with criminal trespass, 2nd, and criminal mischief, 4th. Woodhouse is accused of entering a residence and remaining unlawfully. He's also accused of damaging a door.

Richard John Downs, 48, of Oak Orchard Road, Elba, was arrested on a probation warrant out of Town of Elba Court.

Steven Michael Keaton, 38, of Gilbert Street, Le Roy, is charged with criminal contempt, 2nd. Keaton is accused of contacting a woman whom he was ordered not to contact.

Councilman Bill Cox called the proposed 2011/12 city budget a work of art.

Council members Patti Pacino, Kathy Briggs and Frank Ferrando all congratulated the city manager and his staff for presenting a budget proposal that retains current city services and protects cash reserves at a time when pension costs are skyrocketing and sales-tax revenue is down.

The council then approved a resolution adopting a revenue plan totalling $5,578,355 with a 1.39-percent property-tax increase, down from the original proposal of a 1.59-percent increase.

The new increase is less than $12 per year for a home assessed at $80,000.

"I'm afraid if we reduced (the tax increase) it would come at the expense of our reserves," said Cox. "I think we need to continue to build our reserves and this is just a modest increase."

Councilman Bob Bialkowski also spoke in favor of protecting reserves, especially in a time when major cities and the state of New York itself are facing severe financial distress.

Members Rosemary Christian and Sam Barone said they would like to see a zero-percent increase, but Council President Marianne Clattenburg said that anybody who wants to see zero should suggest how they would reduce spending without threatening the reserves or eliminating staff or services.

"If we go to zero, what we're talking about are staff cuts and cuts in services," Clattenburg said. "We're talking about the possibility of getting rid of a police officer -- I mean, we're talking about cutting into the bones of what the infrastructure of the city is."

The proposed budget also calls for water-rate hikes that will add about $13 a year to the typical residential bill.

Before the vote on the revenue resolution, Cox called on the council to give City Manager Jason Molino a round of applause for his work on the budget, and all the council members joined in.

The city council set the public hearing on the proposed budget  for 7 p.m., Feb. 14.

In an emergency resolution, the city council voted Monday night to transfer $55,000 from its contingency fund to deal with two unexpected expenses.

City Manager Jason Molino said that for the entire winter last season, the city had only 61 days where the roads needed salt. So far this year, the city has seen 61 salt days. That has depleted the salt supply and Molino recommended the council transfer $30,000 into the snow-removal fund to buy 750 tons of salt.

Also, the roof on the city's fire hall needs repaired. And it needs to be done before all the snow melts and causes bigger problems.

It will cost the city at least $22,000 to put a protective membrane over the roof. The council transferred $25,000 to the fire department. The extra $3,000 will cover any unexpected cost overruns and replacement of some ceiling tiles inside the building.

Currently, city staff is making regular trips to the roof for snow removal in order to minimize any potential damage to the building.

The replacement membrane should last 20 years.

There was about $200,000 in the contingency fund.

Legal charges against a Monroe County attorney and school board trustee accused of causing a ruckus at a basketball tournament in Batavia were reduced by the District Attorney's Office today.

John Parrinello, an appointed member of  Monroe County Community College Board of Trustees, now faces charges of trespass as a violation and two violations of disorderly conduct.

The charges stem for an Dec. 12 incident at Genesee Community College when Parrinello allegedly hassled a referee during a college women's basketball game and then refused to leave the gym when ordered by security. He was arrested after a State Trooper arrived and Parrinello allegedly failed to follow his instructions about which exit to use as he left the gym.

The original misdemeanor charge of criminal trespass, 3rd, were dropped, but not without Parrinello making a stink about the change.

"I want to know what's happening with the criminal trespass, 3rd, charge?" Parrinello asked while standing before Justice Michael Cleveland. "That's why I was handcuffed, cutting my wrists, put in a patrol car, had my mugshot (taken) and published in all the newspapers."

Assistant District Attorney Melissa Cianfrini kept trying to explain that the charges were being amended and Perrinello repeatedly interrupted her.

Cianfrini asked for a short recess to make a phone call and Perrinello complained that he had been waiting for the case to be called for two hours and didn't want to wait any longer.

Cleveland allowed Cianfrini to make her call and she returned and explained that she would submit the new charges and ask Cleveland to drop criminal trespass charge.

Perrinello's attorney, Batavia-based Lisa Kroemer, asked that the charges be dropped without prejudice and Cianfrini objected.

Kroemer said that in order to prepare for trial and make proper motions, she and her client needed to know that the misdemeanor charge wouldn't be refiled.

Cleveland said he would drop the charge without prejudice, which means the charge can be refiled.

The reason the lesser charges were filed, Cianfrini said, is that after a review of statements, evidence and interviewing witnesses, the reduced charges were more appropriate.

Kroemer refused to answer questions after the hearing, but Parrinello spoke briefly with reporters before getting in his Cadillac and driving away.

"They knew, or should have known, that what they arrested me for was not a proper charge,” Parrinello said, adding, "I'm presumed to be innocent. They have to prove me guilty beyond a reasonable doubt, which they'll never do."

Ronald A. Smith is indicted on charges of failure to register change of address and three counts of sexual abuse, 1st. Smith is a convicted sex offender and registered at an address on Thorpe Street and on or about Oct. 31 allegedly failed to registered a change of address. Count two of the indictment accuses Smith of holding a victim less than 11 years old in his arms and subjecting the victim to sexual contact at the Thorpe Street address some time between Oct. 28 and Jan. 7. Counts three and four are similar. (Previous Report)

Jacob C. Gerevics is indicted on a charge of criminal possession of marijuana. On Oct. 19, at 446 Broadway Road, #5, Darien, Gerevics was allegedly found in possession of more than 16 ounces of "one or more preparations, compounds, mixtures or substances containing marijuana."

William A. Andrews is indicted on a charge of criminal contempt, 1st. On Dec. 9, in violation of an order of protection, Andrews is accused of stating to a protected party "I'll make you a bloody mess!" and "I'll stab you and burn you all!"

Damion Michael Frye, 35, of 3662 Route 19 South, Warsaw, is charged with resisting arrest, escape and trespass. Fry is accused of refusing to leave The Eagle Hotel after being asked to do so by security. Le Roy Police responded and officers Robert Tygart and Emily Clark reportedly approached Frye and he was reportedly given several opportunities to leave. When he allegedly refused, he was placed under arrest. Frye allegedly refused to cooperate with the officers and struggled when they tried to place him into custody. Deputies from the Sheriff's Office responded to assist. Frye was Tasered by Deputy Frank Bordonaro. There was then a short foot pursuit before Frye was taken into custody. Frye was jailed on $5,000 bail.

Kenyada R. Peterkin, 29, of 323 Saxton St., Rochester, is charged with menacing, 3rd, criminal mischief, 4th, and endangering the welfare of a child. Peterkin is accused of going to the residence of a woman whom he knows at 5:30 p.m., Friday, and damaging her personal property. He also allegedly threatened the woman there with heated cooking oil. A child present at the time.

Robert L. Williams Jr., 20, of 337 Ellicott St., Batavia, is charged with disorderly conduct and resisting arrest. Williams was allegedly involved in a disturbance in the parking lot of Days Inn, 200 Oak St., Batavia. He was reportedly advised to leave and refused, shouting obscenities. When Officers Darryl Streeter and Eric Bolles attempted to arrest Williams, he allegedly struggled with officers.

Cody Lee Niccloy, 19, of Summit Street, Le Roy, is chargd with DWI, driving with a BAC of .18 or greater, moving from lane unsafely and speed not reasonable for conditions. Niccloy was involved in a property damage accident at 2:47 a.m., Friday, at 7982 Byron Road, Stafford. Upon investigation by Deputy Eric Seppala, Niccloy was allegedly found to be intoxicated.

A 17-year-old resident of Route 237, Byron is charged with petit larceny. She is accused of stealing an iPod Touch from the locker room at Le Roy High School.

Chantel M. Garrett, 18, of Batavia-Stafford Townline Road, is charged with harassment, 2nd. Garrett is accused of punching another student in the face while in a dorm room at College Village.

Kevin John Milbrand, 46, of South Lake Road, Pembroke, is charged with harassment, 2nd. Milbrand was allegedly involved in a fight with another Pembroke resident.

Jeannie M. Mobley, 35, of 10 Hall St., Batavia, is charged with DWAI, aggravated unlicensed operation, 2nd, and unsafe backing. Mobley is accused of backing into another at car at 5:48 p.m., Sunday, near the Clinton Street entrance of Eastown Plaza.

A car is on its side in a ditch in the area of 9208 Sheppard Road, Batavia.

If there are injuries, they are minor.

Town of Batavia Fire and Mercy EMS responding.

The vehicle is in about a 15-foot hole with "somewhat tricky access for the tow," reports a chief.

A chief responding roads are icy and slick at the intersections of Cedar and Main, and Cedar and Ellicott.

There have been a couple of vehicles off the road in various parts of the county, this morning, including a truck that jackknifed in conjunction with a three-car accident at routes 19 and 20 about 6 a.m.

Currently, there is a light snow falling that is expected to last a good bit of the day. It's about 8 degrees and windchill is -5 degrees. Tonight, temperatures are expected to drop to -4.

UPDATE 9:35 a.m.: Town of Batavia Fire cleared. Law enforcement is shutting down Sheppard in both directions so tow truck can position itself to get good traction.

UPDATE  10:03 a.m.: Sheppard is opened.

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Genesee Cancer Assistance held one of its biggest annual fundraisers this evening at Batavia Downs. It featured a full buffet-style dinner, hosted bar, basket raffles, auction and music from The Trolls.

Above, John Gerace, his wife Rhonda and children Taylor, 16, and Jackson, 13. John, a member of Rotary, is the son of Joe Gerace, one of the founders Genesee Cancer Assistance and also a member of Rotary. Rhonda, too, is a member of Rotary (There, that should be worth some fines.)

Local author Thomas Talbot, whose new novel "The Craft" is based on the disappearance of William Morgan, was at Present Tense today signing copies of his book.

A Batavia man is facing 42 counts of criminal possession of a forged instrument after members of the Local Drug Enforcement Task Force searched his residence on Spencer Court and allegedly found forged U.S. currency with a face value of $940.

Taken into custody and jailed with no bail is Lendle R. Tucker, 28.

Also seized on Friday were Tucker's computer and printers.

He was also allegedly found in possession of marijuana, and so charged with one count of unlawful possession of marijuana.

The arrest of Lendle reportedly follows an investigation by the task force into the production and possession of forged U.S currency.

Lendle was allegedly found in possession of forged currency in various denominations.

The investigation is continuing and further arrests are possible.

Assisting in the investigation were Le Roy Police, Batavia Police, the District Attorney's Office and Orleans County Major Crimes Task Force.

A Batavia man was arrested in Oakfield on Jan. 14 after allegedly being found in possession of a shotgun with its serial numbers removed.

A Sheriff's Office press release accuses Jeffery T. Peyman, 21, of Ellicott Street, of possessing a shotgun with its serial numbers obscured with the intent of concealing the gun's identity.

Peyman was charged with criminal possession of a weapon, 3rd. He was located on Pearl Street Road in Oakfield allegedly in possession of the shotgun.

The arrest was made by the Local Drug Enforcement Task Force.

Peyman was arraigned and jailed on $5,000 bail.

A pre-trial hearing, called a felony hearing, was postponed today for Patrick Donahue, the 21-year-old Batavia man accused of rape in the first degree.

Donahue made bail, removing the legal requirement to have the felony hearing within a few days of his arrest.

The hearing is the first chance his attorney gets at challenging the evidence against him.

Donahue is accused of raping a 30-year-old woman at a residence on Walnut Street on Jan. 10.

Above, Lorie Longhany with Dr. Maidul Kahn and the opening tonight of the "Young at Art" show at the Senior Center. Kahn is one of Longhany's newer students. He's holding one of his paintings. It's of Centennial Park in the fall.

Other artists on display are Marie Washburn, Kathy Roblee, Carol La Valley, Longhany, the late David Rice, Sue Morgan, Farrel Ann Burdick, Joan Scherff, Rosemary Christian, Pat Fletcher and Elisa Di Pietro.

Below, Christian talks with visitor's about another artist's work. 

A motor-vehicle accident with injuries has been reported at the intersection of Ellicott and Liberty streets, City of Batavia.

UPDATE: The accident was actually about 100 yards west of Liberty on Ellicott. One person was hurt, but the injuries are apparently minor. It appears that one car rear-ended another.

A proposal to license home improvement contractors who do work in the City of Batavia is being put on hold while further research is done into how the proposed law should be implemented.

The matter has been referred to City Attorney George Van Nest.

City Manager Jason Molino told the City Council about the change in direction during the budget review meeting at City Hall tonight.

While Councilman Bob Bialkowski spoke out against the proposal and Councilwoman Rosemary Christian said she's received a lot of calls on the matter, Council Bill Cox said given the trouble he had with a contractor last year, he leans toward support the proposal.

The proposal was included in the 2011/12 budget. The plan was to impose a $125 annual license fee for contractors doing a variety of home improvement projects, from painting to driveway paving and several other types of improvements.

Christian said there was a lot of confusion about the proposal, such as some people calling her expressing concern that the kid who mows lawns during the summer would have to pay the city $125 per year.

Molino said it's those kinds of definitions that the city attorney will clear up in the research and review process.

There's no timeline for when the proposal might be brought back to the council for consideration.