batavia

It looks like a go for a new Tim Horton's on the west side of Batavia. The Town Planning Board was given a chance to see the final plans for the coffee shop and adjacent retail building last night and it doesn't appear there will be any opposition.

The final site plan is expected to be approved at the board's next meeting Oct. 1.

The location is between West Main Street Road and Lewiston Road behind Rite Aid. There will be driveways on Lewiston Road and Colonial Boulevard.

One Colonial Boulevard resident was at Tuesday's meeting, Amy DiSalvo. Tim Horton's architect Matt Oats showed how the plans included a privacy fence along DiSalvo's property and she said she was satisfied with the plan.

The Tim Horton's will seat 48 people, including 16 in an outdoors patio area. it will also have a drive-thru.

On the West Main Street side of the road will be a retail building that can accommodate from one to three tenants. There are no signed leases yet for the space. 

The entire parcel with both buildings erected will have 45 parking spaces.

Construction on the retail building can begin as soon as the site plan is removed. 

Workers can't build the Tim Horton's building until the current brick building on Lewiston is removed, with demolition requiring environmental approvals.

Bob Bender, project manager for Benderson Development, said he hopes construction can begin in November and weather permitting, construction will take 90 days.

The franchise owner for the location has not yet been announced.

The Wyoming County father who slammed his 7-year-old son to the floor while shopping at Walmart in May will spend nearly six months in jail.

Christopher P. Cummings. 28, could have avoided straight jail time if he hadn't violated the terms of his plea bargain, which included no additional arrests.

Cummings entered a guilty plea in June to one count of endangering the welfare of child and would have received a sentence known as "shock probation" (intermittent jail followed by five years probation). But he was subsequently arrested for allegedly driving under the influence of drugs and alcohol in Genesee County and on a DWI charge in Wyoming County.

"Whenever you've appeared in court you've been polite and cooperative," said Town of Batavia Judge Thomas Williams. "Outside of court is where the problem is, and it seems you have not really accepted accountability for your conduct. You haven't dealt with the issues that brought you here in the first place."

Cummings said nothing during sentencing nor did Williams ask him for a statement.

He was immediately taken into custody by a deputy in the courtroom along with two other current jail inmates.

Williams also barred Cummings from any contact with his son for three years, though that order could be modified to allow visitation by Family Court.

Cummings was located by State Police within two hours of the incident after a photo of Cummings was posted on The Batavian and dozens of readers contacted local law enforcement agencies with tips.

Police, and readers, were concerned that the boy may have been injured. The boy was not injured in the incident.

Also in Batavia Town Court today:

• Two of the four men suspected of participating in a $10,000 heist of smartphones from the AT&T store on Veterans Memorial Drive appeared in court. The cases of James P. Garcia and Anthony F. Bovenzi-Ortiz were continued until Oct. 15 pending possible grand jury indictment or a plea offer.
• John J. Saddler, 26, charged with attempted rape, appeared in court and his attorney Mehmet Okay said he was seeking a pre-trial hearing for his client. ADA Will Zickl said he would oppose such a hearing at this time because there is a parole detainer on Saddler. Justice Williams acknowledged that under state bail guidelines he should not have set bail for Saddler (at $10,000) at his initial court appearance, though bail was continued at that amount pending any possible petition by Saddler to Judge Robert C. Noonan in County Court for a bail review.

On Friday, we reported on an inmate at the Buffalo Federal Detention Facility who was taken to UMMC after missing 55 straight meals while on a hunger strike. We sought further information from Immigration Customs Enforcment and today received this statement from Vincent Picard, a public information officer with ICE:

A Liberian immigration detainee at the Buffalo Federal Detention Facility was placed on Hunger Strike protocol by the ICE Health Service Corps Aug. 28 after missing nine consecutive meals. He was hospitalized Sept. 13 in order to ensure he receives appropriate medical care and supervision. The detainee, who was convicted of felony burglary in Virginia in 2011, has stopped eating in protest of his pending removal from the United States.

Over the last four years, ICE has focused on sensible, effective immigration enforcement that prioritizes the removal of criminal aliens and egregious immigration law violators.

The inmate remains hospitalized at this time.

Gregory S. Snyder, 45, of West Main Street, Batavia, is charged with disorderly conduct and unlawful possession of marijuana. The Wyoming County Sheriff's Office received two separate complaints of a man walking in the middle of the roadway on Route 98, Town of Attica. About 90 minutes later, there was a complaint of a man walking in the middle of the roadway on Route 98 in the Town of Bennington. Synder was reportedly located by deputies walking on Route 98. Snyder was charged with disorderly conduct and obstructing the flow of traffic. Upon his arrest he was allegedly found in possession of marijuana. Snyder was reportedly transported to the Village of Attica and released to a sober third party.

Charles Howard Sims, 43, of McIntyre Road, Caledonia, is charged with criminal obstruction of breathing and two counts of criminal mischief. Sims allegedly choked a woman during a domestic incident. He also allegedly ripped her shirt and also damaged a door. Sims was jailed on $250 bail.

Jacob Duane Defisher, 17, Roanoke Road, Pavilion, is charged with harassment, 2nd. Defisher allegedly pushed another person and then punched that person causing the person's lip to bleed and swell.

Louis Michael Biro, 52, of East Shelby Road, Oakfield, is charged with DWI, refusal to take breath test, failure to stop for stop sign, speeding (unreasonable speed, special hazards), unapproved/no face shield on motorcycle. Biro was allegedly driving at the time when a one-vehicle accident occurred involving a motorcycle at 10:12 p.m. Sept. 9 on Bloomingdale Road, Alabama. The accident was investigated by Deputy James Diehl.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Tuesday Sept. 17 from approximately 9 a.m. to 3 p.m. in the general area north of East Main Street and east of Bank Street. Homes and businesses nearby will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

James Alvin Daigler, 58, of Stanley Road, Grand Island, is charged with resisting arrest, trespass and disorderly conduct. Daigler is accused of causing a disturbance at the Clarion Hotel, 8250 Park Road, Batavia, at 1:20 a.m., Sunday. He allegedly refused to leave after being ordered to leave and used obscene and offensive language while in public. Daigler was jailed on $500 bail.

Ted E. Kingsley, 40, of 117 State St., upper, Batavia, was arrested on a bench warrant. Kingsley allegedly failed to appear on a petit larceny charge related to a theft of beer from Tops. Kingsley was jailed on $1,000 bail.

James A. Chase, 33, no permanent address, is charged with criminal contempt, 2nd, and harassment, 2nd. Chase is accused of violating a no-offensive-conduct order of protection by shoving and spitting on the protected person. Chase was jailed on $2,500 bail.

Reinaldo Roman, 41, of 130 W. Main St., Batavia, is charged with harassment, 2nd. Roman is accused of repeatedly threatening to kill another person while in the presence of police. Roman was jailed on $100,000 bail or $200,000 bond.

Shane Zimblis, 42, of 24 Hutchins St., upper, Batavia, is charged with trespass. Zimblis is accused of trespassing on a property on Hutchins Street.

Jamie M. Hamill, 36, of 209 W. Park St., Albion, is charged with criminal trespass. Hamill was allegedly ordered to leave a residence several times and refused to leave.

David N. Taplin, 36, of 54 Newport Drive, Brockport, was arrested on a bench warrant. Taplin allegedly failed to show up at the jail for an imposed weekend sentence. Taplin was jailed on $1,000 bail.

Terry T. Saddler Jr., 37, of 112 State St., lower, Batavia, is charged with unlawful possession of marijuana. Saddler was picked up on a warrant out of Brockport by Batavia PD and allegedly found in possession of marijuana.

Brandy Lee Stalica, 38, of Route 63, Pavilion, is charged with harassment, 2nd. Stalica allegedly subjected another woman to physical contact during a custody exchange. The alleged incident was reported at 8:31 p.m., Friday, at a location on East Bethany -- Le Roy Road.

Jennifer Joan Wolcott, 43, of East Bethany -- Le Roy Road, Stafford, is charged with harassment, 2nd. Wolcott allegedly had physical contact with another person during an argument. The alleged incident was reported at 8:31 p.m., Friday, at a location on East Bethany -- Le Roy Road.

Eric Jon Merritt, 24, of Rose Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, reckless driving, failure to stop at stop sign, failure to signal, failure to yield to emergency vehicle and failure to keep right. Merritt was stopped at 4:06 p.m. Saturday on Main Street Road, Batavia, by Deputy Joseph Corona.

Deborah Ann Scholonski, 43, of Keeney Road, Le Roy, is charged with harassment, 2nd. Scholonski allegedly sent a text message to a neighbor she had been told not to contact.

Marilyn Lois Weinert, 61, of Route 237, South Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to dim headlights and failure to keep right. Weinert was stopped at 2:06 a.m. Saturday on Byron Holley Road, South Byron, by Deputy Joseph Corona.

Thomas Patrick Lester, 45, of Lake Road, Brockport, is charged with felony DWI, felony driving with a BAC of .18 or greater, driving left of pavement markings and failure to keep right. Lester was stopped at 4:12 p.m. Thursday by Sgt. Ron Meides.

Timothy M. Fingland, 24, of Rochester, is charged with aggravated unlicensed operation. Fingland was stopped on Route 63, Batavia, at 8;59 p.m. Friday by State Police.

Tammy L. Long, 40, of Cheektowaga, and Paul J. Dipalma, 49, of Cheektowaga, are both charged with grand larceny, 3rd. Long and Dipalma were arrested by State Police in connnection with an alleged crime reported in the Town of Batavia on Jan. 17. Both were jailed on $5,000 bail each. No further details released.

There are few easy decisions when it comes to getting a new kitchen for your home and Mike Adams said understanding how taxing the process can be is why Kreative Design Kitchen & Bath is now its its 20th year of business.

"I think there are several reasons we've made it 20 years," Adams said. "First we are very patient. Kitchen planning takes time and you have to allow your customers to make decisions at their pace. Second, we have great employees that treat our business as their own. Third, we have very good product lines which we have been working with for almost the entire 20 years."

Mike and Debbie Adams opened Kreative Design in Batavia in 1993 and have been running the business together every day since.

It's a rewarding line of work, Mike Adams said. A new kitchen is a big decision for a customer, but it's also often a dream come true.

"I really think seeing customers 100-percent satisfied is very rewarding," Adams said. "A kitchen remodel is quite involved and can be very stressful on the customer, so seeing that satisfaction at the completion is very rewarding."

Last year, Mike and Debbie moved their business to a larger location in a building they now own at 5582 E. Main Road, Batavia. The larger showroom allows them to better display their products from Omega and Diamond.

The move has worked out very well for Kreative Design, Adams said.

Press release:

Nate Cornell of Batavia High School won the "Dash For Cash" race at Batavia Downs Saturday night (Sept. 14) and the $3,000 first-place scholarship check.

Sponsored by the Harness Horse Breeders of New York, the Western New York Harness Horsemen Association, Buffalo Raceway and Batavia Downs, five high school seniors are paired up with professional drivers and battle for $7,500 in scholarship money. It was the fourth year of a competition. The high school seniors have been working with the horsemen since Aug. 1 in preparation for race day, learning all aspects of racing and the care of the horses.

Cornell and driver Ron Beback went wire-to-wire with "Nate Lobell" to take the victory while Kelsey Bezon, of Elba, and driver Ray Fisher Jr. finished second aboard "Lady Lancer" and won $2,000.

Brian Borkholder, of Oakfield-Alabama, and driver Jim Graham finished in third and earned $1,200. Notre Dame student Dylan Cory, of Batavia, and driver Mike Baumeister finished in fourth -- good for $800, while Dylan Scharlau, of Alexander, and driver Shawn McDonough finished in fifth and received $500 for college.

A Medina woman died and three Batavia residents were hospitalized following a two-car accident at Oak Orchard River Road and Waterport Road, Town of Carlton, yesterday evening.

Sun glare appears to be a leading contributing factor to the accident, according to the Orleans County Sheriff's Office.

Ashley D. Morehouse, 28, of Medina, was driving a 2000 Pontiac sedan west on Oak Orchard River Road when she failed to stop for a stop sign, according to the Sheriff's Office. Her car was struck by a northbound 2003 Pontiac SUV driven by Lorrie D. Kuhns, 52, of Batavia.

Morehouse was pronounced dead at the scene by Orleans County Coroner Scott M. Schmidt.

Her passenger, Gary L. Weese, 40, of Batavia, was flown by Mercy Flight to Strong Memorial Hospital.

Dominic Amrhein, Morehouse's 4-year-old son, was transported by Central Orleans Volunteer Ambulance to Strong. Dominic was strapped into an approved child safety seat in the rear passenger seat, the Sheriff's Office said.

Thomas S. Kuhns, 61, of Batavia, and Lorrie Kuhns were taken by a Medina FD ambulance to ECMC.

The accident remains under investigation and is being conducted by Deputy M.J. Emens, Deputy J.J. Cole, Deputy K.J. Colonna, Lt. R.E. Perry, Investigator C.L. Black and Chief Deputy T.L. Drennan.

Carlton and Albion fire departments responded to the accident.

In these parts it doesn't get much better than beer and wings, which makes T.F. Brown's right now the place to be.

T.F. Brown's, Main St. Pizza Company, Big Pauly's and Batavia's Original have teamed up to create the first ever Yuengs and Wings fest to raise money for Genesee Cancer Assistance.

The event goes until 8 p.m.

Pictured are Brenda Marchese, Rick Mancuso, Kathy Ferrare, Vic Marchese, Tom Scott, Paul Bernardini, Jamie Ingersol, Mike Bernardini and Racheal Cook.

Friday evening John Kennedy School hosted its annual Community Night. Nearly two dozen local businesses participated along with the police and fire departments and Mercy EMS. It was a chance for parents and children to enjoy some free pizza, play games and learn more about what the Batavia community has to offer.

NOTE: I'm a bit slow in getting these posted because the SD card in my camera turned out to be damaged, so it was a bit of a task getting the pictures off.

Batavia police responded to Jackson Street after receiving a complaint by a woman who says a man on the street threw things at her, knocked her down and threatened her with a knife. She said he then went and sat out on a nearby porch. Police are out with the suspect at 113 Jackson St. This was not a domestic violence call.

A person wearing a clown mask and driving a car downtown caught the eye of another driver, who called 9-1-1. Police are checking out the "suspicious condition" somewhere off Ellicott Street.

A caller to dispatch complains that a woman who appears to be in her 40s is pushing a baby in a stroller, and has two small children trailing behind her and she's allegedly screaming obscenities. The caller says she can "hear her all the way down the street," but she can't tell if she's allegedly screaming at the kids or something / somebody else. The caretaker was seen walking on Pearl Street in the city. Police are responding.

Press release:

Batavia City Manager, Jason Molino, spoke to approximately 75 attendees at a roundtable discussion on Tuesday during the New York Conference of Mayors (NYCOM) 2013 Fall Training School that took place this week in Saratoga Springs.

Molino addressed the group as part of a discussion about budgeting and finance, a topic which Molino has been asked to speak about before. Molino shared Batavia’s budgeting process and outlined the way in which it has been successfully linked to the City’s Strategic Plan the past three years. He also shared Batavia’s achievements in developing a progressive employee wellness plan, successful water loss program and cost-effective sewer infrastructure improvements.

Last year Molino was invited to address attendees at NYCOM’s 2012 CFO Summit about Batavia’s Wellness Initiative.

“Our wellness initiative has resulted in higher employee and spouse participation as well as aggressive pursuit to minimize future healthcare costs for the City,” Molino said, “and after the summit last year, I received multiple phone calls from other cities and villages requesting more details about our wellness initiative.”

“One of NYCOM’s core functions is to educate and train local officials, and the September conference is our largest conference of the year,” said Barbara VanEpps, NYCOM’s deputy director. “During this conference, it’s important that our members walk away with a wealth of knowledge. We keep inviting Jason (Molino) to speak to our members because he has provided many good ideas regarding initiatives that the City of Batavia has undertaken that not have only helped Batavia to reduce expenses and function more efficiently, but that can also be replicated in other cities and villages across the state.”

“We are thrilled that Jason has been asked to represent Batavia on the state level for three years in a row,” said Batavia City Councilwoman Patty Pacino. “Jason is constantly pushing the envelope seeking to make Batavia a better, more viable place to live and work, and he is also an excellent teacher. The fact that NYCOM continues to invite Jason to help educate others clearly demonstrates the respect Jason has earned from other city, village and town leaders. This kind of recognition is important for Batavia, because while we realize that the programs we are doing and the decisions we are making are effective, being recognized by the state serves to reinforce the quality of those decisions.”

NYCOM, founded in 1910, has 1,579 members which include counties, cities, towns and villages across New York State. NYCOM’s mission is threefold: to serve as an advocate for city and village governments and their taxpayers before the state’s government; to serve as a readily accessible source of practical information for every area of municipal activity; and to serve as the preeminent provider of training for local government officials.

Press release:

The City of Batavia released a request for redevelopment proposals to reinvest at one of the City’s strategic Batavia Opportunity Area (BOA) sites. The one-acre parcel is located in the heart of downtown. Market research reports a demand for new office space and downtown market-rate residential.

The RFP deadline has been extended to Wednesday, Sept. 25.

Please review the attached proposal or visit the Web site for more details. Questions? You may contact our office or the City Manager’s office at 585-345-6330.

http://www.batavianewyork.com/

PDF Files:

• 2013-08-05 - RFP Della Penna (final)
• 2013-09-13 - ADDENDUM NO 1

A pick six with a 70-yard return by Andrew Budlong in the fourth quarter felt like a game changer.

The Batavia Blue Devils cut in half their 14-point deficit against the Cougers of Honeoye Falls-Lima and the energy level on the sidelines and in the stands kicked up a notch.

Even Head Coach Brandon Briggs was thinking "win" as the refs signaled touchdown.

"We always talk about X plays, the big plays, and you've got to win the big play battle," Briggs said. "When he was running that back, first I've got to look to make sure we don't clip anybody, and when he was crossing that goal line I was saying in my mind, 'we're going to win this football game.' Momentum swings."

Alas, with two minutes left in the came the momentum dissipated as quickly as it had swung to Batavia.

The Blue Devils were knocking on the door for another six when sophomore QB Greg Mruczek flicked a pass into the end zone that only found white jerseys.

From there, HFL was able to run out the clock. Final score, HFL 27, Batavia 20.

At no point during the four quarters of football did Batavia have a lead.

The Cougers scored in the first quarter on a seven-yard run by Ryan Olivo. At the top of the second quarter, HFL made it 13-0 when Cougers QB Dan Hart hit Jovan Alcorn on a 24-yard TD pass.

Brandon Stevenson finally put Batavia on the board with a 13-yard run, but the Blue Devils went into the locker room down 20-6 at the half.

"We told them when we were down a couple of scores last year at half time against Albion, we came back to beat them," Briggs said.

And the Blue Devils fought back, even after the Cougers opened the third quarter with another score, Batavia never said quit.

Mruczek answered HFL with a 38-yard strike to Stevenson to make Budlong's eventual pick six meaningful.

The defense tightened up and the cause seemed far from hopeless.

"Our theme is to keep chopping," Briggs said. "We're a small team. We're a blue collar team. We've got to come out no matter what and keep chopping away."

The game, like any early season game for a good, young team, is a learning experience, Briggs said.

"Monroe County football is a different horse," Briggs said. "I think our guys found that out tonight. I don't think they're going to pack it in at all. I think we're going to come in with our lunch boxes on Monday and we're going to do a good job."

UPDATE: Stats from the game: Stevenson, 18 carries for 105 yards and a TD, and two catches for 40 yards and one TD. Mruczek was 4-10 for 90 yards, a TD and three interceptions. Tom Garlock had 4.5 tackles and one sack. Budlong has a 77 interception return for a TD.

To purchase prints of photos, click here.

In other Friday night football action:

Alexander scored 64 points against hapless CG Finney for a 64-0 victory. Alexander had 509 yards of total offense, including 452 yards rushing. Dylan Scharlau had 22 carries for 239 yards and three TDs. Scharlau also blocked a punt and recovered the ball in the end zone for a touchdown. Tristan Aldinger filled in at fullback and had three carries for 118 yards and two touchdowns. Will Burke also played fullback and gained 58 yards on six carries and scored once plus three two-point conversion runs. On defense, Burke had 10 tackles. QB Nelson Burke was 2-5 passing for 57 yards and one TD with no interceptions. Zach Laird scored on a 41-yard reception. Cody Trzecieski has five tackles and two interceptions. John George had six tackles and he picked off a screen pass that he returned 28 yards to set up another Alexander score. Alexander is now 2-0 on the season and plays Notre Dame next Saturday.

Notre Dame moved to 2-0 with a 35-21 win over Oakfield-Alabama (0-2). Andrew Mullen carried the ball 18 times for 62 yards and one TD. QB Tim McCulley was 7-18 for 116 yards and four touchdowns. He also carried the ball 13 times for 99 yards. McCulley was 5-5 in PATs. Charlie Hebert had three receptions for 36 yards and one TD. Josh Johnson had two TD receptions and gained 53 yards. Joe Zickl also caught a 22-yard pass for a score. Hebert and Zickl led the defense with 8.5 tackles. Mullen had 7.5 tackles, as did McCulley. Tyler Stroud, 8. Dylan Cory recorded a sack. For the Hornets, QB Allen Chatt was 7-16 for 88 yards and one TD. Chris Nanni carried the ball 31 times for 167 yards and one TD. Nanni also had three receptions for 56 yards and a TD. Chase Manzella had 15 carries for 95 yards and a TD. Dominic D'Alba caught two pases for 15 yards. Manzella led the defense with six tackles and a sack. Jon Harris had four tackles as did D'Alba.

Le Roy moved to 2-0 with a 47-8 win over Bishop Kearney. We did not receive any stats for this game.

The only local game today is at 1:30 when Elba/Byron-Bergen (0-1) hosts Pembroke (1-0).

Join us for the first ever Yuengs and Wings Fest. Saturday September 14^th 4-8 p.m. to benefit Genesee Cancer Assistance. It's sponsored by T.F. Brown's, Big Pauly’s Pizza and the Yuengling Brewery.

This event will be held on the patio at T.F. Brown's, located at 214 E. Main St., in Batavia. The participating vendors are: T.F. Brown's, Big Pauly's Pizza, Main Street Pizza and Batavia’s Original Pizzeria.

Tickets can be purchased at the door.

Each vendor will bring their favorite flavored wing. The $10 ticket price gets you three wings from each vendor -- so 12 wings for $10. We will donate $5 from each ticket to a local charity.

Live music on the patio during the event, with $2 cans of Yuengling Lager and Light Lager. Music entertainment provided by the Strummerz, and Rich Conroy from 4 – 8 p.m. The evening entertainment is Brent Persia.

Yuengs & Wing Fest is sponsored by T.F. Brown’s, Big Pauly’s Pizza and Yuengling Brewery. Proceeds will benefit Genesee Cancer Assistance.

A large mulch pile is smoldering on city property north of the Sheriff's Office, which is located at 165 Park Road. City fire is on scene.

UPDATE 6:23 p.m.: A firefighter aboard Engine 11 says "We're going to call it a steaming pile of mulch. We're returning to service."

MoonJava Cafe will host a book signing for new sci-fi author, Kelda Wells and her first book, "The Whole Story." This one-time event will take place on Thursday, September 19th from 2 to 7 p.m.

With her first novel, Ms.Well's book dives into the complexities of time and space exploration as well as spinning a gripping tale that will keep you on the edge until the very end. The book is available as paperback, hardcover and e-book.

MoonJava cafe is located on 56 Harvester Ave., Batavia, NY.

For more information please call (585) 356-3817. Vist us on Facebook at: https://www.facebook.com/Moonjavacafe