batavia

A westbound tractor-trailer is disabled on Main Street in front of the Holland Land Office Museum in the city and traffic is reduced to one lane, causing congestion. 

Fire from a stove (possibly in a wall behind it) reportedly started a working structure fire at an apartment complex at 4112 W. Main Street Road, Batavia. It's originating from unit B9. Town of Batavia Fire Department is responding. A first responder on scene reports smoke showing. The fire has gone to a second alarm. Alexander's Fast Team is called for mutual aid along with Darien, Elba and East Pembroke. Stafford is called to stand by at Batavia's station #2.

UPDATE 9:29 a.m.: This is the Batavia Meadows apartment complex.

UPDATE 9:32 a.m.: National Grid was called in and has a one-minute ETA. Command requests law enforcement to the scene to help evacuate the complex. He says they are having difficulty evacuating it and several apartments are "charged with smoke."

UPDATE 9:37 a.m.: Elba is asked to stand by at Batavia's station #1.

UPDATE 9:39 a.m.: An engine from the city is requested to the scene. Elba is now requested to the scene.

UPDATE 9:42 a.m.: The city's third platoon is called to headquarters on Evans Street.

UPDATE 9:47 a.m. A Town of Batavia code enforcement officer is called to the scene. Firefighters are asked to go in apartments and open doors and checks walls for heat/fire. The fire was first called in as a fire in a wall, then a stove fire, now they are reporting it stems from an electrical problem in a wall.

UPDATE 9:54 a.m.: A woman's small dog is hiding under a bed and refuses to come out, and there are a couple of stubborn cats in other apartments, but command says there's not enough smoke wafting in the air to put them in jeopardy so they are letting them stay put for now. A rep from the American Red Cross is called to the scene.

UPDATE 10:11 a.m.: Byron firefighters were called to stand by in their own quarters.

UPDATE 10:23 a.m.: Firefighters are ventilating the structure. Stafford is returning to service.

Paige’s Bounce Houses, a family owned party rental business for Western New York, recently custom built a trackless train, “The Peyton Express,” for customers to rent.

Kevin Sikorski, the owner, said the new trackless train is a “fully loaded Cadillac.”

The trackless train has one engine and four cars, with each car holding six kids or four adults, or a combination. It includes LED headlights, tail lights, LED underglow, a stereo system, public address system, a 10-inch chrome bell and an authentic train whistle.

“We started Paige’s Bounce Houses six years ago and we keep expanding every year,” Sikorski said. “As far as I know, there is only one other (trackless) train in all of Western New York.”

Sikorski said the train can run on any hard, flat surface, such as grass, dirt and blacktop.

While Paige’s Bounce Houses is named after Sikorski’s oldest daughter, Paige, the new trackless train is named after his youngest daughter, Peyton.

Sikorski said the trackless train is perfect for birthday parties, church events, corporate events, festivals, fairs and parades.

“Whatever you think you can use it for, you can rent it by the hour,” Sikorski said.

The train will also come with a staff engineer, so those who rent don’t have to worry about running the train, Sikorski said.

The trackless train will be transporting the grand marshal of the Attica Founders Day Parade on June 3, then will be giving rides at the Attica Memorial Park.

Pricing for renting the train and more information can be found by clicking here.

Press release:

John Kennedy Intermediate School has received a $5,000 Lowe’s Toolbox for Education grant to purchase "Math and Movement" materials for The JK STEAM Program.

“We had the Math and Movement day with Suzy Koontz in April and can now purchase mats of our own to have here at John Kennedy thanks to Lowes,” said Melissa Calandra, who spearheaded John Kennedy’s STEAM (Science, Technology, Engineering, Art, Math) Program for fourth-graders this year and will take charge of the STEAM lab for all JK students, grades 2-4, next year.

During the Math and Movement day, students moved to the mathematics lessons – emphasizing patterns, stepping out calculations, and working out concepts on large mats. They were able to practice addition, subtraction, telling time, multiplication, division, fractions, place value, and geometry – and with physical movement incorporated into the brain work, the information was a lot of fun – and better retained.

Lowe’s, which seeks to approve grants that improve learning communities, noted that, “These materials will allow for a kinesthetic, multisensory approach to teaching math that incorporates physical exercise, stretching, and cross-body movements. Using the mats, students are ‘moving to the numbers.’ ” The mats will be ordered by the end of this school year to arrive in time for use next year in the STEAM lab. 

All K-12 public schools in the United States are eligible for the Toolbox for Education program.  More information is available at www.ToolboxforEducation.com.

The fifth-grade students at Batavia Middle School presented their human rights projects today in the school auditorium, including Tiara Banks and Jayden Dersham, above, who portrayed Madam C.J. Walker.

Born in 1867, Walker (born Sarah Breedlove) was the first child in her family born into freedom. She eventually found a cosmetic and hair-care product company, making her the first self-made female African-American millionaire in the nation and the prominent female entrepreneurs of her era. She was also a philanthropist. 

Below, Cruise Rapone and Brendon Peterson, both as Milton Hershey, founder of the chocolate company and founder of charitable foundations.

The students also made portraits of the historical figures they studied. They also recorded their presentations (bottom photo, a recording of a student as Helen Keller on an iPad). The recordings were made in front of a green screen so historical photos could be used as a backdrop.

The projects work in several Common Core requirements for fifth-graders, including making a public presentation.

Several parents attended today's presentations.

The Apple Maps camera car has been in Batavia for at least two days. The Apple website says Genesee County is part of Apple's mapping project through June 4. Apple says the project will help the company improve the quality of its maps worldwide. It's possible that Apple is in the process of creating a feature for its maps similar to Street View available with Google Maps.

Press release:

Great Tabernacle Ministries announces the second annual “Here and Now Festival” to be held Aug. 25-26 at Austin Park in Downtown Batavia.

This year has grown to include more than 55 vendors and 12 food trucks from the surrounding region, and more than 14 artists and activities for children including face painting, balloon animals, cotton candy, Kona ice, and more!

Music genres vary from '70s rock and folk to rap and hard rock. Friday night features Elevation Worship with an expected draw of people from as far as Ohio, Pennsylvania, New York, New Jersey, Vermont, and Ontario, Calif. There could be up to 4,ooo people visiting Batavia from all around because of this event.

Saturday will start at 11 a.m. running all day till 10 p.m. with a number of artist and speakers, ending with runner-up from last year’s hit TV show “The Voice,” Christian Cuevas.

Great Tabernacle Ministries would like to thank the Genesee area Businesses, churches, and ministries for all of their support in sponsoring this great event! Without you this event wouldn’t be possible and FREE to our community! That’s right admission is free so mark your calendars now.

For a full list of Artists, vendors and food trucks etc., please visit www.greattabernacle.org. If you would like to sponsor this event and advertise your business with us please call 585-297-3155 

Photo: File photo. For more photos from last year's event, click here.

City police are responding to the parking lot of Oliver's Candies after dispatch received a report of two males on top of "the horse," the big, colorfully painted statue of a horse that is on permanent display there.

Customers who shop at West Main Wine & Spirits on 341 W. Main St. in Batavia will have the opportunity to shop with an app, thanks to a company called More On Tap.

More On Tap is a company based out of Massachusetts with an interactive application for liquor stores and their customers. Their application can be viewed on a store kiosk, computer, tablet, mobile phone and the store’s website.

Chris Blossom, the owner (pictured), said he was contacted by Robert Pais, from More On Tap, with the idea of using a mobile app for West Main Wine & Spirits.

“When we first got coordinated with them, we were the third store in New York State to [have an app],” Blossom said.

Through the app, users can browse products, view drink recipes, food and wine pairings, current specials and staff picks. If the user is in the store, items can also be scanned to view product information.

Originally, there was going to be a kiosk put in the store, but Blossom liked the mobile app instead.

“More people are tech-savvy now,” Blossom said. “A lot of people are on their (smart) phones.”

Customers can sign up on the email club and Blossom will send special promotions through the app every few weeks.

“Before you come to the store, you can look up the wine you want,” Blossom said. “If you’re drinking a liquor and you want to make a drink, you can look up everything before you get to the store.”

Blossom said a challenged he faced was not having all of the New York State wines on the app.

“The biggest thing was trying to get our inventory coordinated,” Blossom said. “As far as the liquor and spirits, it’s the same mainly everywhere.”

The app is compatible with all smartphones. If customers don’t want to download the app, Blossom said there will be an iPad in the store to join the email club.

Through the app, customers can sign up for an email newsletter.

“I wanted something where people can figure out what they want before they get here,” Blossom said. “People are busy in life.”

On the web: westmainwineandspirits.com

Serial sexual predator Marlek Holmes will be locked away in state prison for 15 years, with more local charges pending, after his sentencing in Genesee County Court today.

The 43-year-old Holmes, who has already spent 14 years of his adult life in prison and is a registered Level 3 sex offender, read a lengthy statement to Judge Charles Zambito before his sentencing in which he declaimed all responsibility for the sexual assault on his underage victim except that he should have been the one protecting her from another, unnamed, assailant. 

"If I had not been in prison, I would have been there to protect her from the person who sexually abused her," he said.

His victim also spoke in court -- a slight girl, barely in her teens, whose pink pants fit loosely on her thin frame -- and cried throughout most of her statement, which both described the horror she knows she will always live with and the pain of the physical assaults.

"I'm scared to even look at you," she said.

She said she can forgive but never forget.

"I wish you the best," she said. "I know you're not going to make it, but God bless."

Holmes, wiry and muscular, sat casually at the defense table, dressed in an orange jail jumpsuit, with his hands cuffed to his waist, and never looking at the girl.

District Attorney Lawrence Friedman said Holmes caught quite a break in getting a plea agreement the day his trial was supposed to start May 4. Holmes was originally charged, in this case, with Class A felonies of predatory sexual assault and predatory sexual assault against a child. A conviction in a jury trial may have meant a life sentence.

Friedman said he believes a life sentence would be appropriate, but the deal -- saving the girl, who said she also favored Holmes getting life in prison, the necessity of testifying -- allowed Holmes to plead guilty to a Class C violent felony, attempted criminal sexual act in the first degree.

After going through Holmes' lengthy criminal record, which includes prior sexual assaults, two prison terms, two periods on parole, and still 27 counts of other criminal charges, Friedman said Holmes deserved no more consideration in his sentence than what he's already received.

"He is a sexual predator," Friedman said. "He has always been a sexual predator. He will always be a sexual predator."

Zambito noted the contradiction between the statement provided by Holmes and the clear, emotional statement by his victim naming him as the abuser. Holmes, he said, did get a substantial break with the plea deal.

"I can't conceive of any legitimate reason to give anything other than the maximum sentence this plea allows," Zambito said.

A trial date for the other charges against Holmes was set for Aug. 28, but both Fred Rarick, representing Holmes, and Friedman, said they would discuss a possible plea deal to settle those charges as well.

As anticipated, Buffalo-based Savarino Companies has applied for financial assistance from the Genesee County Economic Development Center to help offset the costs of environmental cleanup and redevelopment of the long-vacant Della Penna property on Ellicott Street in the City of Batavia.

The GCEDC board will consider the application for the $17.6 million rehabilitation project at its meeting tomorrow.

Savarino is planning to replace most of the structures on the property and replace them with a 64,000-square-foot development that will include apartments, office space and a brewery and restaurant.

Once completed, there will be 47 market-rate apartments on the border of Downtown Batavia and businesses employing at least 60 full-time workers.

The terms of the application were negotiated by the city and GCEDC during the process of attracting a developer for the brownfield project and include $897,293 in sales tax abatement on materials during construction, relief on $128,232 in mortgage taxes and $537,398 in property taxes.

Savarino has already announced an anchor tenant for the Ellicott Station project, Resurgence Brewing Company of Buffalo, which plans to use the facility to increase production of a new product, a sour beer, as well as serve on tap its full line of beers that have proven popular in Buffalo.

The project is part of the Batavia Pathway to Prosperity (BP2) initiative, which is a cooperative endeavor between the city, GCEDC, Batavia Development Corp., City Schools and Genesee County.

BP2 was created to offer a tax abatement known as a PIF (PILOT (payment in lieu of taxes incremental financing), which is the first of its kind in New York. Half of the PIF payments will be used to help fund future brownfield redevelopment in Batavia, with the other half being returned to the original taxing jurisdictions.

The Batavia Opportunity Area (the brownfield redevelopment area) covers 366 acres in the city's core and contains five strategic redevelopment sites.

City and county officials are largely in agreement on how sales tax should be distributed among the various local governments that have been part of a sharing agreement for nearly two decades, City Manager Jason Molino said last night.

The current agreement is about to expire and there are still details to be worked out, however, plus time is needed to draft new legal agreements before elected officials can approve a new plan, so the City Council is being asked to approve a temporary extension to the current agreement.

The County Legislature will also need to approve a temporary extension.

There is a working group of top managers with city and county working on the details, not only of the sales tax sharing agreement but also agreements dealing with water distribution and use of the city's wastewater treatment facility. The deals have previously been interconnected because of the mutual interest of all parties cooperating on these initiatives, Molino said.

"It is in everybody’s self-interest to have an agreed upon agreement in place for sales tax distribution," Molino said. "No one benefits from these agreements going away. There is a form and fashion they have to take with new terms and conditions, but it’s in everyone’s best interest to work out a distribution that is equal and fair to everyone."

Currently, there is an 8 percent sales tax in Genesee County. Of that, 4 percent is mandated by the state and so the money goes to the state. The county keeps 2 percent; of the remaining 2 percent, the city gets about 1/3 of it and the other 2/3 is divided among the county's town and village governments.

The city's share comes to about $6 million annually.

Work on a new agreement started in the fall. The temporary extension, once approved by both City and County, will keep it in place through December 2018.

The city continues to be dogged by vacant, abandoned and unkempt residential properties, prompting a City Council conversation Tuesday night about the city's progress on a few specific nuisance properties.

City Manager Jason Molino said the city's effort to deal with so-called zombie houses is making progress, but it's a "slow-moving train."

"Some of the vacant homes that were vacant are no longer vacant," Molino said. "They’ve been picked up and worked on, so we're seeing some progress."

Three properties, in particular, were singled out by council members -- 129 Hutchins St., 404 S. Jackson St., and a house on Ellicott Avenue.

The house on Hutchins fits the description for what officials usually mean by a "zombie property." It's long been vacant and there's little indication that anybody is taking responsibility for it.

There's junk piled on the front porch and scattered around the back yard, and the grass hasn't been cut all season. Inspectors have posted a notice on the front door.

Councilwoman Rose Mary Christian has determined the USDA, which apparently financed the purchase the property, has possibly foreclosed on the house and she's been in contact with USDA officials about cleaning up the property.

At 404 South Jackson, across from Jackson School, is the burned out hulk of a former multifamily complex. The building was destroyed in a fire March 8 and has sat untouched since, except for a safety fence the city erected around it.

Molino said the owners, Barton H. Bowman and Thomas W. Hallock, have been cited and were ordered to appear in court earlier this month, but neither showed up in City Court, so a warrant has been issued for both men.

Through the normal court process, it could take 30 to 90 days to get the structure torn down, Molino said. If the city wants razed sooner, like immediately, the city could do that, but would have to foot the bill.

As for the property on Ellicott Avenue, Councilman Bob Bialkowski raised it as a possible zombie property. A check of the residence led to the discovery of an open door with possible forced entry. When police responded, there was nobody inside and dispatchers were able to contact the property owner, who indicated she is in the process of moving out. There was no forced entry, a police officer said. The broken glass near the door was from damage the property owner knew about.

The city has a tax exemption available for owner-occupants who buy a zombie property and rehabilitate it. While there have been several inquiries about the exemption, and several former zombie houses are now owned and occupied, no exemptions have been granted yet, Molino said. That could soon change.

Molino said a young couple recently purchased a house that had been vacant for at least seven years, getting it on a short sale, and the couple plans to invest a significant amount of money rehabilitating it. Molino said he is meeting with the couple next week to discuss the exemption.

"This definitely qualifies," Molino said. "This might be our first actual case."

The city is also working with potential community partners on a loan program to help people finance the purchase of owner-occupied former zombie homes. He said an announcement about that program could come within 30 to 60 days.

The former Buffalo Jills have something to cheer about this week. A judge ruled in a 2014 lawsuit filed by the Jills against the Buffalo Bills, that the cheerleaders were in fact employees, not independent contractors.

This ruling is important because as employees they are legally entitled to workers’ rights and regulations which they wouldn’t be if they were independent contractors. Under workers’ rights laws, the Jills will have to be paid at least minimum wage for their work.

Dolce Panepinto partner Sean Cooney is one of the attorneys representing the Jills, and is dedicated to protecting the rights of workers. You can find more information on the lawsuit here and here. For further questions contact Dolce Panepinto: click here.

File photo from 2016.

Press release:

Members of the Batavia City firefighters from IAFF Local 896 will fan out across the streets of Downtown Batavia with boots in hand for this year's donation drive on Friday, June 2^nd.

Batavia’s Fill the Boot drive is organized by firefighter Chris Morasco. Proceeds benefit the Muscular Dystophy Association.

“In 2016, we set out to break the $10,000 mark," Morasco said. "Our members, with the help of our generous community were successful and able to raise $10,574.74 for the MDA! Look for us Friday!”

From 8 a.m. to 1:30 p.m., city firefighters will be at the intersection of Main Street (Route 5) and Court Street, and also at Ellicott Street (Route 63) and Court Street collecting donations for MDA.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, is charged with disorderly conduct, obstruction of governmental administration, and resisting arrest.On May 27, Batavia PD responded to an address on Jackson Street for a reported disturbance. While on location, police allegedly observed McNear acting in a "violent and tumultuous way." McNear was taken into custody after a brief physical altercation. The defendant was arraigned and jailed on $1,000 cash or bond. McNear is due back in City Court this afternoon. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Foels.

Michael Bryan German, 34, of Ellicott Street, Batavia, is charged with DWI, aggravated DWI with a BAC of .18 percent or higher, and moving from lane unsafely. At about 1 a.m. on May 27, Genesee County Sheriff's Deputy Ryan Young was traveling east on Route 5 in the City of Batavia when a Ford pickup truck allegedly moved from its lane unsafely, almost striking Deputy Young's vehicle. Deputy Young initiated a traffic stop on the pickup truck. After a brief investigation of the driver, German was taken into custody and charged as noted. German was issued appearance tickets and released. The defendant is due in City Court on June 21 to answer the charges.

Darazian "Willie Paul" Williams, 23, of West Main Street, Batavia, is charged with criminal possession of a controlled substance in the 7th degree and failure to keep right. At 7:29 p.m. on May 25 on Alexander Road, Alexander, Williams was arrested following a property damage accident. He allegedly possessed amphetamine pills at the time. He was issued an appearance ticket for Town of Alexander Court on June 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Sgt. Jason Saile.

Chris Kaboingo Mukendi, 28, of Mill Street, Le Roy, is charged with criminal possession of a controlled substance in the seventh degree. Mukendi was arrested at 7:29 p.m. on May 25 on Alexander Road in Alexander followinf a property damage accident. Mukendi allegedly possessed amphetamine pills at the time. The defendant was issued an appearance ticket for Town of Alexander Court on June 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Sgt. Jason Saile.

Alan P. Ellis, 36, of Woodstock Gardens, Batavia, is charged with criminal contempt in the second degree -- violating a valid order of protection. Ellis allegedly sent text messages to a protected party on Ellsworth Avenue, Batavia, in violation of a duly served order of protection out of Batavia City Court. He was subsequently arrested and jailed in lieu of $1,000 bail. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Peter Flanagan.

Philip S. Pompey, 28, of Lark Street, Buffalo, is charged with aggravated unlicensed operation of a motor vehicle, 3rd. He was arrested May 27 on a warrant out of City Court and is due in City Court this afternoon. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Darryle Street.

Katrina L. Thigpen, 34, of Thrope Street, Batavia, is charged with offering to file a false instrument in the first degree and issuring a false financial statement with intent to defraud. Thigpen was arrested at her residence after she allegedly provided GC Probation Department with false NYS and Federal tax return information on May 15. She was issued an apearance ticket and released. She is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Paul E. Tenney, 71, of East Morganville Road, Stafford, responded to Batavia Police Department Headquarters on his own accord after a bench warrant was issued. He was subsequently arrested for NYS Fire Code violations, which allegedly occured at 198 Ellicott St. at 1:30 p.m. on May 19. He is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

A 17-year-old who lives on Slocum Road, Perry, is charged with unlawful possession of marijuana. Following a complaint on May 28 at 9:54 p.m. on Veterans Menmorial Drive, the defendant was arrested for allegedly possessing a small quantity of marijuana and issued an appearance ticket for Town of Batavia Court on June 26. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Ryan DeLong.