batavia

A house fire is reported at 54 Hutchins St. Everybody is out of the house, according to a dispatcher. City firefighters are responding.

UPDATE 7:35 a.m.: Fire under control; checking for extensions.

Photos submitted by Frank Capuano.

Marlek E. Holmes, 42, of Niagara Street, Buffalo, is charged with: intimidating a victim or witness by instilling fear of physical injury; second-degree criminal contempt; and second-degree harassment -- threatening physical contact. Holmes was arrested at 10:10 a.m. on June 23 following a disruption during a court proceding in Genesee County Family Court wherein he allegedly threatened his ex-wife with physical harm. He was jailed and was to appear in Batavia City Court June 28. The case was handled by Batavia Police Officer Marc Lawrence.

Chad N. Gibson, 26, of East Lee Road, Albion, is charged with: driving while intoxicated; aggravated DWI per se -- a BAC of .18 percent or more; moving from lane unsafely; leaving the scene of a personal injury accident; and driving left of pavement markings. Gibson allegedly struck another vehicle while operating a motor vehicle while intoxicated at 12:27 a.m. on June 25. He then allegedly left the scene. He was subsequently arrested and jailed on $1,000 bail and was due in City Court June 27. The case was handled by Matthew Wojtaszczyk, assisted by Sgt. Dan Coffey.

Thomas T. Bennett, 51, of Ellsworth Avenue, Batavia, is charged with fourth-degree criminal mischief and second-degree harassment. At 6:12 p.m. on June 27, Bennett was arrested after an incident in which he allegedly grabbed a female's arm, took a phone out of her hand and then broke it in half. He was jailed on $1,000 bail and was due in City Court on June 28. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Jason Ivison.

Katelynn M. Higgins, 30, of Grandview Terrace, Batavia, is charged with second-degree harassment. She was arrested on June 27 following an investigation of an incident that occurred at 11:50 p.m. on June 11 on Grandview Terrace in Batavia wherein Higgins allegedly struck a person with a shoe. She was issued an appearance ticket for City Court on July 12. The case was handled by Batavia Police Officer Arick Perkins.

Joshua W. Eccleston, 32, of Winters Avenue, Mt. Morris, is charged with third-degree criminal mischief. He was arrested June 27 following an investigation into an incident that occurred at 11:30 p.m. on June 11 on Grandview Terrace in Batavia wherein Eccleston allegedly damaged a cell phone. He was issued an appearance ticket for City Court on July 5. The case was handled by Batavia Police Officer Arick Perkins.

Donald J. Egan, 25, of Boardman Street, Rochester, is charged with criminal possession of a weapon, 4th. At 12:08 p.m. on June 28, Egan's vehicle was disabled at 26 W. Main St. in Batavia. While attempting to assist Egan, Batavia Police Officer James DeFreze observed a wooden billy club in between the driver door and the driver seat. Egan was arrested and issued a computer-issued appearance ticket for City Court on July 12.

Press release:

Batavia’s premier consumer-run human service and advocacy agency for people with disabilities, Independent Living of the Genesee Region (ILGR) will hold an ADA Picnic to celebrate the 26^th anniversary of the signing of the Americans with Disabilities Act (ADA).

Open to the general public, and offering FREE food, fun, and games, the event will take place from noon to 1:30 p.m. on Tuesday, July 26, at Kiwanis Park, 3808 W. Main Street Road, Batavia.

To ensure that we have enough, if you plan to attend, please R.S.V.P. to Donna Becker at (585) 815-8501, ext. 411.  

At the time the Americans with Disabilities Act was signed in 1990, a patchwork of laws existed to protect the civil rights of citizens with disabilities only in certain situations, such as access to airports, fairness in housing, and non-discrimination by federally funded institutions.

The ADA broadly bars disability-based discrimination in employment, telecommunications, by state and local governments, in places of public accommodation such as stores, restaurants, banks, theaters, hotels, and stadia, among other protections. This has made it the single most important body of law for a particular population, the disability community, since the protections for racial and ethnic minorities and women of the Civil Rights Act of 1964, which inspired some of the ADA’s provisions.

City officials expected the governor's office to announce today the winners of the statewide contest for grants to assist in downtown economic development, but City Manager Jason Molino said this afternoon that he's received word not to expect the announcement today.

The city is competing with other municipalities in the Finger Lakes Economic Development region for a $10 million prize.

With a flourish of patriotic favorites and classic pops pieces, the Batavia Concert Band opened its summer season at Centennial Park on Wednesday evening with Josh Pacino conducting.

In a ceremony at the Richmond Memorial Library yesterday, two original works by Roy Mason were dedicated to the memory of Ted and Rosemary Surowka, who both dedicated many years of service to the library and the NIOGA library system.

Director Bob Conrad said library officials have been looking for a way to honor the Surowkas after Rosemary's death a year ago and when they realized one of the Mason paintings at the library had hung in Ted's school district office for 30 years, before Rosemary had it moved to the library after his retirement, it seemed natural to rededicate the paintings in their honor.

Plaques will be affixed to the wall next to the paintings.

Ted, who died in 2001, was the business administrator for Batavia City Schools for 36 years and served on the NIOGA Board of Trustees. Rosemary was a trustee of the library from 1995 to 2011 and board president from 1997 to 2011.

Mason is a significant American artist who worked mainly in watercolor. He moved to Batavia as a child when his father took over a family label-making business. After pursuing a career as an artist for a time, he returned to Batavia to work in his father's business. He retired in 1959 and moved to La Jolla, Calif., (San Diego County) and lived there until his death in 1972.

Martha Spinigan, director of the library for 28 years, said both Ted and Rosemary were steadfast in their work for the community and support of the library. Ted was a force behind moving the library expansion forward and getting it completed in the 1970s.

Beth Stich, current board president, read two resolutions dedicating the paintings.

Join us at Centennial Park at 9 a.m. this Monday, July 4, for the Kiwanis Independence Day 5K. To register, click here.

Pictured above, Pablo Garcia watching two West Virginia runs being scored.

A quiet start but energetic night coming into tonight’s second game versus West Virginia Black Bears, but the Batavia Muckdogs ended a three-game winning streak losing at Dwyer Stadium 9-4.

After the first few innings being tied, in the bottom of the sixth, Isaiah White stirs the field on a forced out grounder advancing Rony Cabrera to third who scored on Aaron Knapp’s single next at bat taking the game lead by one. Pablo Garcia hit a sacrifice fly to left which brought White in to score leading the Muckdogs after six innings 3-1.

Top of the 7^th Muckdogs Justin Langley comes in, West Virginia unloaded on Batavia, scoring six runs runs by, George, Krause, Baur, Craig, Pabst for the Black Bears. Ty Provencher replaced Justin Langley, Provencher  escaped the inning allowing two runs by Leffler and Owen which brought West Virgina’s lead 9-3.

No change until the bottom of the ninth with two outs Batavia’s Jhonny Santos homers on a fly ball to left field to eventually end the night with Batavia losing 9-4, tying the series 1-1.

Muckdogs will play tonight ending the three-game home stances against West Virginia game time 7:05.

Agents of the Local Drug Task Force report that they interrupted a crack cocaine sale in progress in the parking lot of Walmart on Wednesday afternoon and took two Rochester residents into custody.

Arrested were Antoine T. Clark, 32, of Lake Avenue, Rochester, and Kristina M. Kretchmer, 34, of White Swan Street, Rochester.

Uniformed deputies of the Sheriff's Office assisted in the arrest.

Clark is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, criminal possession of a weapon, 4th, and unlawful possession of marijuana.

Kretchmer is charged with criminal sale of a controlled substance, 3rd, conspiracy, 4th, criminal possession of a weapon, 4th, unlawful possession of marijuana and aggravated unlicensed operation, 3rd. 

Both suspects were arraigned in Batavia Town Court and Clark was held without bail and Kretchmer was held on $5,000 bail.

A child is reportedly injured after a car accident at 300 Ellicott St. City fire, police and Mercy medics are responding.

UPDATE 10:52 a.m.: This was a mini-van vs. semi-truck accident. The passenger vehicle was northbound on Liberty Street and the semi-truck was westbound on Ellicott. Three witnesses told responders the passenger vehicle failed to stop at the red light. The vehicles clipped one another as a result. The child inside the mini-van was not injured and "was ambulatory" when medics arrived, but a front-seat passenger was taken to UMMC for evaluation. 

UPDATE 11:29 a.m.: At the same location, there is now a report of a truck that hit a power line "and something else" and now the caller can smell natural gas. City fire dispatched.

Updated at 2:22 p.m.

Randolph Zickl, the 81-year-old attorney, charged with grand larceny 2nd for stealing $75,000 from a former client, pled guilty to the charge in County Court on Friday, The Batavian has learned.

Since police departments only release information on arrests, and not court activity, that information wasn't available in the initial press release.

The guilty plea was uncovered by our news partner 13WHAM in a conversation with the Erie County District Attorney's Office and confirmed by The Batavian through a local source. 

Zickl will be sentenced Sept. 20.

Through court sources, 13WHAM learned that Zickl's victim was the widow of a client who died and Zickl handled the estate. He reportedly double-billed the client and then continued to withdraw money from the victim's account over a three-year (not two as previously reported) period.

If Zickl is able to make full restitution by Sept. 20, he will likely receive a probationary sentence.

He also resigned from the New York State Bar Association.

Because Zickl has two sons working the Genesee County District Attorney's Office, the Erie County office handled the prosecution and Zickl appeared in Genesee County Court, but an Erie County judge presided over the case.

Previously: Respected local attorney accused of stealing from elderly client

A man fell and struck his head on a trailer hitch and is now unresponsive at a trailer park on Main Street Road in Batavia. East Pembroke fire and Mercy EMS are responding.

Yes, dreams can come true, and so far, they have for Brenden Mullen, who eight years after going to work in his father's restaurant, formerly Larry's Steakhouse, is now the owner of Carter's in the same location.

But the dream doesn't stop there. Carter is the name of his 9-year-old son, and if dreams really do come true, it will be Carter someday welcoming you at the front door or serving you a drink.

"If I can, I'll get Carter's successful and then 10, 15 years down the road, I'm on my way down South and I'll leave this place for him to take over if he wants," Mullen said.

It's been seven months since Larry's closed so Mullen could revamp the restaurant and put his own mark on it. There was a lot of planning and work into getting the doors open again, he said, which happened today.

The theme of the new restaurant is nautical with a nod toward the Northeast seafaring tradition.

Naturally, the menu is filled with seafood appetizers and entrees.

"I spent the past seven months coming up with different menu ideas," Mullen said. "When I started narrowing it down, the result was predominately seafood, and then when I got to thinking about it, it seemed like a good idea, our niche, so to speak."

Mullen enjoys the restaurant business, he said, because he loves food and he loves people.

"When I was 21 years old, looking for something to do, I thought, there's no better way to make a living than working in a restaurant," Mullen said. "I love food and I love going out to dinner, and you can't be in this business if you're not a people person. To be able to hang out and mingle with my friends and customers, it really doesn't get much better, in my opinion."

Athletes Edge Summer Baseball Camp will be held July 11-14 for children ages 5 to 12 at the Batavia Little League Complex near Dwyer Stadium. The address of the complex is 299 Bank St.

This camp will be assisted by Batavia High School Varsity Baseball players.

Cost is $90 per camper. Registration deadline is July 7. Each camper will receive a camp T-shirt.

Age groups are:

• Group 1: 5- and 6-year-olds
• Group 2: 7- to 9-year-olds
• Group 3: 10- to 12-year-olds

Times are 9 a.m. to noon every day.

Mail payment with a piece of paper containing the player's name, age, address, and phone number, along with T-shirt size to:

Athletes Edge Summer Baseball Camp

8487 Violet Lane

Batavia NY 14020

Contact is Ben Buchholz via email  athletesedgebatavia@gmail.com

or call his mobile phone at (716) 982-8259.

Press release:

For the ninth consecutive year, Notre Dame High School is ranked as the #1 secondary school in Genesee, Wyoming and Orleans counties, according to rankings announced last week by Buffalo Business First.

In addition, this is the ninth consecutive year that Notre Dame is included in the "Top 15 Percent" of all 136 secondary schools -- public and private -- in Western New York. And it is the 12th straight year that the Catholic school ranked in the publication's "Top 10" of WNY private schools.

Notre Dame, home of the Fighting Irish, offers a physically and emotionally safe learning environment that is welcoming to all, resulting in a graduation rate of 100 percent for the Class of 2016, with 97.4 percent attending college earning $4.6 million in scholarships.

The 2015-2016 academic year brought home 79^th and 80^th Sectional titles, in Ice Hockey and Softball, with 15 of 17 varsity level athletic teams achieving “Scholar Athlete” status as designated by the New York State Public High School Athletic Association. This long-standing "Tradition of Excellence" continues with the most current Buffalo Business First rankings.

Now accepting applications for the ’16 – ’17 school year. Financial aid available, call today to discover the difference.

Officials are being coy with details, but the city and the Business Improvement District are apparently close to a negotiated agreement that will end a bit of a dispute over some operational issues. 

The turning point apparently came at a meeting Friday involving City Manager Jason Molino, City Attorney George Van Nest and an attorney for the BID who, up to this point, hadn't been involved in the situation.

Laurence Rubin, of Kavinoky & Cook, LLP, in Buffalo, was at Monday's City Council meeting, where Molino informed council members that progress had been made and an agreement should be forthcoming.

A public hearing on a proposed change to local law that would have affected the BID's district plan as well as required the BID board to abide by the State's Open Meeting Law and Freedom of Information Law was held, but there were no speakers.

Both Molino and Rubin sidestepped questions about the sunshine law requirements.

"We have an agreement in principle on the substantive issues," Rubin said. "I don’t want to get into the details and give you a long law school lecture, which I’m sure you don’t want to get into now, but in terms of the principles of transparency and timelines, I think there’s agreement."

Molino said, "I think both the City and the BID board are interested in the issues of transparency and that the public having access to board decisions and board meetings as well as how decisions are being made."

Rubin said he is an expert in the area of special districts and business improvement districts and General Municipal Law (GML).  

Asked if he was aware of any districts that were required to abide specifically by the sunshine laws, he said he didn't know of any, but that such districts and boards are generally open and transparent.

"I think government and the public and taxpayers do want to see transparency and I think there is a common theme about that," Rubin said. "Again, I don’t want to get into a law school lecture. The Freedom of Information Law or the Open Meetings Law, per se, is not really the issue. The issue is should there be transparency and there is absolute agreement on both sides that there should be."

At no point, has there been any specific allegation that the BID or the BID board has been anything less than transparent, but Molino raised the idea few weeks ago that to ensure transparency, the city should require the BID to abide by the sunshine laws.

In a memo to BID members last week -- property and business owners within the downtown district -- Executive Director Laurie Oltramari said the BID board objected to the sunshine law requirement not because the BID isn't transparent, but as a matter of legal precedent and principle. 

"The BID board is opposed to the City of Batavia adopting a local law imposing such as it conflicts with state law and our meetings are already open to the BID membership," Oltramari said. "For the City to implement such is creating new law for the City of Batavia, setting new precedent within NY State and discriminating against a not-for-profit corporation."

The dust-up between the city and the BID began a few weeks ago when Molino required the BID board to cut its budget to better comply with General Municipal Law, which Molino said the BID's budget had skirted for the past few years.

The BID's assessment, which is the basis for the BID's budget, is set by the city and while Molino said he has raised the issue with the BID in previous years, this year he said the city would correct the assessment to comply with GML.

Rubin repeatedly said that in his role as legal counsel for the BID on this issue, he didn't want to look back and concentrate on past history.

"We had a very positive discussion with the city administrator and the city attorney," Rubin said. "We talked about substantive issues. We set aside the history and whatever conversations may have been and we just talked about the statute and the proposed revisions to the local law. It was very constructive. I can’t really speak to what happened in the past, but going forward seems to be very constructive and very productive."

The city will receive $2 million in federal block grant money to repave six streets, Public Works Director Matt Worth told the City Council on Monday night.

The six streets will be milled and repaved at a cost of $2.5 million, and there may yet be some state money to help cover some of the cost difference.

The streets are Clinton Street, East Avenue, Liberty Street, South Liberty Street, Swan Street and Vine Street.

The city will now seek proposals from engineering firms, with the selection of the firm in the fall and then preliminary engineering work can begin. The final design would be completed in the fall of 2017 with work beginning in the summer of 2018.