batavia

A fire is reported at the Walden Estates Apartments at 337 Bank St., Batavia; uncertain which apartment #480. Smoke is coming from the door and windows of both floors. City fire is responding.

UPDATE 10:42 a.m.: City fire on scene confirms smoke showing; investigating.

UPDATE 10:43 a.m.: Ventilating apartment now.

UPDATE 11:03 a.m.: Food on the stove was the cause of the smoke. The city assignment is back in service.

Among the Veterans Day ceremonies in Genesee County today there was one at the VA Center in Batavia attended by residents of the VA Hospital.

An airplane with malfunctioning front landing gear will attempt to land at the Genesee County Airport shortly. No ETA yet. The Town of Batavia Fire Department is being dispatched and Mercy medics are on scene. The airport is located at 4701 E. Saile Drive, Batavia.

UPDATE 10:47 a.m.: The plane already landed safely; no need for fire or EMS. The assignment is back in service.

Flames are visible coming out of the top of a corn dryer at 2775 Pratt Road, Batavia.

There is a semi-truck parked next to the structure.

A deputy on scene reports, "the flames are picking up."

East Pembroke fire is dispatched.

UPDATE 2:35 a.m.: Town of Batavia, Oakfield, and the City's Fast team requested to the scene. Corfu to stand by at East Pembroke.

UPDATE 2:38 a.m.: A rep on scene has shut off the propane going to the structure.

UPDATE 2:48 a.m.: Town of Batavia's ladder truck requested to the scene and fire police to shut down Pratt Road.

UPDATE 4:30 a.m.: Adding pictures. Fire crews are still on scene.

An electrical fire is reported in the canopy of the Kwik Fill at 99 Jackson St., Batavia.

City fire responding.

UPDATE 11:47 p.m.: Fire is out. Power was cut before City fire's arrival. The assignment is back in service.

A chimney fire is reported at 7887 Kelsey Road. There is smoke in the residence, which is being evacuated. Town of Batavia Fire Department is responding.

Submitted photos and press release:

On Thursday, Matt Gray (in photo above) accepted the Robert Macon Award with an honorable mention from the Community Design Center of Rochester -- Reshaping Rochester awards on behalf of the Newberry Project.

The award was established to honor the late architect Robert Macon’s contributions in the Rochester area. A gifted designer and leader in the architectural community, Macon is remembered for his civic contributions and transformative projects that spanned a 30-year career in the city that he loved.

Nominations for this award recognize projects that demonstrate Design Excellence and contribute to enriching the public realm. Nominations were judged according to the following criteria:

• Excellence in a building or structure that has solved a design problem in a distinctive way;
• Extent to which the completed project demonstrates enduring and notable design;
• Ability to integrate that undertaking into a community’s context and extent to which it contributes to or benefits the public realm.

109-111 Main St., Batavia, location of Newberry Place – freshLAB

Project Award Nomination 

Newberry Place--freshLAB is a locally led $2.8 million three-story downtown mixed-use building renovation to deliver a 10,000-square-foot, ground-floor restaurant incubator housing three start-up eateries and upper floor apartments.

The Main Street food hall project has overcome design and infrastructure challenges, warranted State and Federal historic designation along with significant investment and grant partners to underwrite success.

Guided by Preservation Studios and TRM Architecture, the project was thoughtfully approached to preserve the building’s historic character in which the first national retailer, JJ Newberry, settled in Batavia. JJ Newberry wall medallions, Art Deco aluminum counter trim, office doors, hallways, beadboard and chain-link milk glass dome fixtures have been incorporated into the new design.

As expected, modifications also ensued when the century-old walls and floors revealed structural challenges. Relocation of bathrooms, kitchen ventilation hoods and floorplans were flipped to accommodate.

Meanwhile, the intended use as a foodhall with a micro-brewery anchor tenant took perseverance to advance. A simple farm brewery concept evolved into a restaurant incubator intended to keep millions of dining and entertainment dollars local to reduce spending leakage from Genesee County each year.

Local leadership coalesced an infrastructure for restaurateurs to advance a concept, write a business plan and open a new restaurant in this shared space under supervision of industry experts.

However, New York State Liquor Authority does not allow multi-tenants to occupy one space. After months of inquiries and legal fees, learning of “concessionaire” was key to authorizing Batavia Brewing Co. dba Eli Fish Brewing Co. the primary license to brew and sell alcohol on premise.

Two additional “concessionaires” are allowed to share seating, an indoor bocce court and tasting room whereby all alcohol must be purchased at the anchor tenant. The food-hall incubator is anticipated to launch five new businesses in five years, create 30 jobs and generate thousands of tax dollars.

While bumping into walls was expected, the floor integrity, lack of power in downtown and limited capacity gas lines had to be doggedly overcome.

The heavyweight brewing equipment was placed onto the basement floor, a hole was cut through the first floor to allow the tanks to peek through serving as a foodhall feature. A tasting room was fashioned above to overlook the tank farm.

Even though the City of Batavia underwent a substantial Main Street reconstruction less than a decade earlier, adequate electric power was not available and low pressure gas lines were underground. Fortunately, the property boundary extended eight feet to the rear of the building, which enabled a new transformer pole installation.

Yet, that triggered a NYS building code exception request since the outdoor space would no longer allow the fire stair descent; other fire safety measures were emphasized.

Commercial kitchens and upper-floor apartments were reequipped due to lack of available gas. The gas company is now considering infrastructure upgrades due to the existing demand and recognizing more than 40,000 square feet of vacant space remains on the City block.

Committed to transform downtown, Matthew Gray exudes patience as the concept leader, building investor and volunteer mentor drawing from his decades of restaurant ownership.

Upon purchasing the building, the first floor was divided into three different areas, each with their own cobbled, inefficient and potentially unsafe HVAC systems. These systems were completely removed to allow installation of new energy efficient heating and cooling equipment suited specifically for the new use of the building.

Arctic Refrigeration Company of Batavia completely designed, sourced and installed the HVAC and mechanical systems in the building. The brewery received three 10-ton rooftop heating and cooling units. This equipment was designed and selected with the brewery and restaurant in mind. They can operate independently, each unit with two-stage heating and cooling. This allows for energy savings by using partial capacity of the equipment as heating and cooling requirements constantly change. 

The HVAC system was also designed to work in conjunction with the multiple kitchen exhaust systems. By balancing the airflow between the six exhaust fans, two tempered makeup air units and the HVAC units, comfort levels and energy efficiency will be at their peak performance.

The brewery’s chiller is also placed on the roof, allowing the chiller to remove the heat from the brewery process and discharge it outside the building. This design kept the HVAC systems from being overloaded or oversized if the heat were to be discharged indoors, again using energy efficiency wherever possible.

Project Participants:

• Matthew Gray, building owner, lead investor, co-owner Batavia Brewing Co. dba Eli Fish Brewing Co. and freshLAB restaurant mentor, Batavia
• Jon Mager, co-owner Batavia Brewing Co. dba Eli Fish Brewing Co., Batavia
• TRM Architecture, Matthew Moscati, Buffalo
• Preservation Studios, Mike Puma, Buffalo
• Thomson Builds, Paul Thompson general contractor, Churchville
• Batavia Development Corporation, freshLAB partner and project grant coordinator, Batavia
• City of Batavia, micro-enterprise grant and real property tax abatement, Batavia
• NYS Homes & Community Renewal, NY Main Street Anchor Project & Micro-enterprise Program Funds, Albany
• USDA Rural Development, Equipment Grant, Batavia
• National Grid, Main Street Revitalization Grant, Buffalo
• Empire State Development, startup micro-brewery incentive, Buffalo

BEFORE: Single tenant space represents half of the ground floor, center wall later removed to use10,000 square feet on ground floor as open, shared dining food hall.

Center wall removed to open entire 10,000-square-foot ground floor space, looking south.

AFTER: Concessionaire walk-up service with dedicated cold and dry storage for each startup restaurant.

JJ Newberry wall medallions preserved and incorporated in new design.

Art Deco aluminum trim to peek through drywall.

“Brew Hole” to set heavy brewing equipment on the basement floor, tanks will rise above the first-floor level.

Tasting room hovers over “Brew Hole.”

Arctic Refrigeration Company of Batavia completely designed, sourced and installed the HVAC and mechanical systems in the building.

Judge Charles Zambito sentenced Sath Paul Dhanda, 39, of Clapsaddle Road, Bethany, to eight months in jail on a conviction, based on a prior guilty plea, to charges of criminal trespass and endangering the welfare of a child.

"I don't know these people," Dhanda said. "I have never seen them. I wouldn't know them if I saw them. I feel awful about what I did. I do believe I deserve time in jail to make sure it doesn't happen again."

First Assistant District Attorney Melissa Cianfrini blamed Dhanda's conduct on his drinking. Dhanda's criminal history goes back to at least 2007, the year after he reportedly suffered a head injury, when he was charged with assault at a residence on Ellicott Street. He's been arrested numerous times since then.  

By his own account and the word of others, Dhanda once had a promising golf career, and after being released from prison on a 2011 conviction for criminal contempt, Dhanda worked as a pro at a golf course in the region.

Today's court appearance today echoed Dhanda's sentencing in 2011 when he told then Judge Robert C. Noonan, "Alcoholism has destroyed my once promising life."

Cianfrini said today, "Everytime Mr. Dhanda drinks, almost every time he drinks, it seems he winds up in legal difficulty. He needs to come to the realization that he's a person who can't consume even one drop of alcohol."

She said he was lucky he hadn't seriously injured himself or somebody else given his lack of self-control when he's drinking. For his own safety and the safety of others, she asked Zambito to give him the longest possible sentence allowed by his plea agreement."

"Ms. Cianfrini is right," Dhanda said. "Alcohol is my problem but it's not every time I drink that I get into trouble but every time I get into trouble it's because I've been drinking."

He said prior to his arrest in July he had trouble with his health insurance and had trouble getting prescription medication. He mentioned going to UMMC and getting his medication and then taking it with alcohol. He said a friend was supposed to pick him up but instead of waiting he decided to walk. He said he blacked out and didn't remember entering the residence on Swan Street.

Dhanda is a good-looking man. Tall with the athletic build of a golfer, he is the son of a once-prominent urologist in Batavia. He is also well spoken and well mannered in court.

Zambito said the probation officer who prepared his pre-sentencing report said Dhanda was his "own worst enemy."

"It's clear," Zambito said reading from the report, "the defendant could do great things with his life if he would stop drinking and doing drugs."

A trial date has been set for two men accused of running a scam on Craigslist, but there may also be a plea deal in the works for one or both of the suspects.

Jaequele M. Tomlin, 23, of Central Avenue, Batavia, and Quamane J. Santiago, 19, of Main Road, Stafford, appeared in County Court today on what was scheduled to be their plea cutoff date but with the agreement of District Attorney Lawrence Friedman and Judge Charles Zambito the plea cutoff date was extended to Nov. 19.

Tomlin's attorney, Arthur A. Duncan, said he needed more time in light of a decision on a motion handed down by Zambito.

The nature of the motion or the content of Zambito's decision was not discussed in open court.

Tomlin and Santiago are charged with conspiracy in the fourth degree.

They are accused of posting car-for-sale ads on Craigslist with the intent of robbing anybody who showed up to buy the car.

At the time of their arrest, they were allegedly found in possession of fake guns.

Tomlin faces an additional charge of criminal possession of a weapon, 3rd, for allegedly possessing a blunt-force weapon with the intention to use it against a person.

Fred Rarick, attorney for Santiago, did not indicate whether his client is considering a plea offer but Rarick agreed to the extension of the plea-cutoff date.

If no plea agreement is reached in either case, jury selection for a trial is scheduled for March 25.

"The snow should have melted by then," Zambito joked.

Edward F. Perdue, 57, walked into court dressed in a tan state prison jumpsuit with his hands and feet shackled. He seemed confused and wandered in front of the defense table at which point a state prison guard, one of his escorts, pointed to a chair on the other side of the table and told him where to sit.

Perdue was soft-spoken throughout the hearing and when Zambito asked him how he was feeling, he said, "a little depressed and down."

When Zambito asked him if he understood the proceedings, Perdue fought back tears before saying he did.

Perdue, who said he was born in Rochester, is already being held at the Mohawk Correctional Facility since his conviction in April in Monroe County on counts of third-degree burglary, criminal possession of stolen property, 4th, grand larceny, 3rd, and grand larceny, 4th. He was sentenced to three and a half to seven years in prison.

With his guilty plea today to grand larceny, 4th, for the theft of a credit card, the maximum term is two to four years.  

A year ago, Perdue participated with another suspect in a burglary of Plaza Spirits and Mr. Wine and Liquor. A cash box was stolen from the backroom of Plaza Spirts and a credit card was stolen from a purse at Mr. Wine and Liquor.

At one point, when Zambito was questioning about him about his status as a second felony offender, Perdue got a little more animated and exclaimed that he didn't steal $500 cash from Mr. Wine and Liquor.

Perdue's accomplice, Willie Dozier, previously entered a guilty plea to grand larceny, 3rd, as a second felony offender. He was sentenced in September to two to four years in state prison, to run concurrent with his sentence in Monroe County on charges stemming from similar crimes. Dozier was also ordered to pay restitution of $672.

Whether certain statements Jennifer K. Urvizu-Hanlon made while in custody May 18, during the police investigation into a homicide and shooting the day before on Central Avenue in the city, can be used against her in court will be decided by Judge Charles Zambito by Jan. 4.

Urvizu-Hanlon appeared in court today for a hearing on the admissibility of those statements, called a Huntley Hearing (or a suppression hearing), and her attorney tried to use his time in court to also press for statements and notes from police that he believes his client has been wrongfully denied as he prepares to take her case to trial.

Whether Hanlon's statements can be used may come down to how Zambito views, within the scope of prior case law, two things Hanlon said during her interview with Det. Thad Mart, Batavia PD, that may indicate she had doubts about talking with police.

During the interview, she apparently said, "If I'm guilty of something I should have somebody here, I guess," and "I guess I should have somebody here" followed by "I don't have a lawyer."

A short time later she specifically asked for an attorney, at which point Mart terminated the interview and, apparently with enough evidence at that point, placed her under arrest.

Urvizu-Hanlon, the former owner of La Mexicana store on East Main Street in Batavia, is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd. She is accused of giving a handgun, which she was permitted to carry, to Samuel R. Blackshear, a 17-year-old accused of shooting Nathaniel D. Wilson Jr., who murdered Terry J. Toote with a knife on Central Avenue on May 17.

In a discussion after the hearing, with a reporter present, between defense attorney Christian Kennedy and First Assistant District Attorney Melissa Cianfrini, Kennedy said he doesn't dispute that the statements were equivocal.

Prior case law makes it clear, and Kennedy said he knew he would lose a motion on this point, because saying "I guess" or "maybe" is equivocal, whereas a statement like, "I want to speak to an attorney," or even, "I want to speak to my dad," or "I want to speak to my friend" is unequivocal and any statements made after that point to police might not be admissible at trial.

Kennedy said he will base his written motion, to be filed later, on other grounds but did not disclose what his argument will be.

Det. Kevin Czora testified today followed by Det. Mart.

Czora said police obtained a warrant to search Urvizu-Hanlon's car as part of their investigation into the crimes on Central Avenue and that her car was located and stopped in the parking lot of Valu Plaza at about 2:25 p.m., May 18. 

Urvizu-Hanlon was taken into custody for questioning and placed in the back of a police cruiser. At that point, she volunteered to an officer that there was a handgun in her car, as well as ammunition and that the gun was either on the passenger side next to the center console or in the trunk in a bag.

Czora then read her Miranda warnings (the right to an attorney, to remain silent, etc.) and she waived her rights. He then questioned her about the gun and its location.

At that point, Urvizu-Hanlon was transported to the police station where Mart questioned her.

The interview was videotaped and a DVD of that interview was placed into evidence.

Mart said Urvizu-Hanlon acknowledged that she had been read her rights and had waived those rights, agreeing to speak with him.

He said the interview started at 2:45 p.m. and terminated at 3:04 p.m. when she asked for an attorney.  

The substance of the interview, other than her two statements about maybe she should talk with somebody, was not discussed during today's hearing.

When Kennedy questioned both Czora and Mart, he tried to ask questions about their involvement in the investigation on May 17 but Cianfrini objected to that being outside the scope of a Huntley Hearing and Zambito sustained the objection.

Kennedy said he had been denied "Rosario material," which refers to material in possession of the prosecution that may have a bearing on the case.  

Zambito said Kennedy was entitled to Rosario material relevant to the Huntley Hearing (no such material was in dispute today) but statements, documents, and notes, won't become subject of a Rosario motion until trial, if there is a trial.

In 18 years of practicing law in other courts, Kennedy said, he had never been denied this material at this stage. This is a long-standing common complaint of defense attorneys in criminal cases in Genesee County Court.

The Batavian reported in September that Kennedy may be preparing a justification defense based on the idea that Blackshear and Hanlon had just witnessed Wilson murder Toote. Zambito has apparently issued a ruling limiting Kennedy's ability to use this defense. But based on today's discussion, Kennedy will present another motion and try to make the point that there is no case law that addresses this particular situation -- where the gun used was licensed and legally carried by the person who handed it over to a third party who used it.

As for the Huntley Hearing, there will be an additional written motion and argument filed by Kennedy and an opportunity for the people to answer. Zambito must also view the video of the interview. The case was put on the calendar for Jan. 4 with a written ruling from Zambito expected before that appearance.

A car-deer accident with injuries and airbag deployment is reported at  3429 W. Main Street Road, Batavia.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 6:01 p.m.: An officer on scene reports very minor injuries.

Julia A. Hawley, 41, of Coward Road, Byron, is charged with operating a motor vehicle while ability impaired by drugs, failure to keep right, and moving from lane unsafely. Shortly after midnight on Wednesday Nov. 8, the Genesee County Emergency Dispatch Center received a call about a single-vehicle accident with injuries on Batavia-Elba Town Line Road. Investigation by the Genesee County Sheriff's Office determined Hawley was the sole occupent of the Chevrolet Silverado that left the roadway, striking a tree stump. Hawley was transported to Strong Memorial Hospital by Mercy Flight. She was allegedly impaired by drugs at the time of the accident and arrested. She was also issued citations. The accident was investigated by Deputy Andrew Mullen, assisted by Deputy Jenna Ferrando. Elba Fire Department also Mercy EMS assisted at the scene. (For previous coverage, click here.)

Shante C. Johnson, 21, of Holland Avenue, Batavia, is charged with grand larceny in the fourth degree. A complaint of a wallet and credit card stolen in September was reported to the Le Roy Police Department and investigated. Johnson was arrested on Nov. 6 and issued an appearance ticket to be in Le Roy Town Court on Dec. 3. It is alleged that Johnson stole the wallet from a fellow employee while working in the Village of Le Roy and then attempted to use a credit card from the wallet in the City of Batavia.

Miguel Hernandez-Gonzalez, 35, of East Road, Bethany, is charged with driving while intoxicated, DWI with a BAC of .08 percent or higher, and unsafe backing. Hernandez-Gonzalez was arrested following a motor-vehicle accident on East Road in Bethany at 4:42 a.m. on Nov. 3. The defendant was issued an appearance ticket and is due in Bethany Town Court on Dec. 27. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Mullen.

A caller in the Walmart parking lot reports that he was threatened because of his Trump bumper sticker.

He claims it was a threat of physical violence.

A trooper and deputy dispatched.

UPDATE 2:50 p.m.: A trooper interviewed all parties involved. No arrest. A woman with a male made an anti-Trump statement to the man with a Trump bumper sticker on his truck. He said something back. It escalated from there but didn't become physical. Both the trooper and deputy on scene couldn't recall a prior incident in the Trump Era of threats over a bumper sticker, though the trooper recalled a Trump supporter in 2016 getting slushies dumped on his car and an anti-Trump note being left.

A WBTA listener found this dog near Ellicott Street Road and Shepard Road, Batavia, and is hoping to find the owner.

The dog is described as friendly.

If you're the owner, the person who found the dog can be reached at (585) 813-2336 or (585) 356-3438.

UPDATE Friday, Nov. 9: Reader Doug Dielgelman wrote to tell us the "owner of awesome black and white dog located and is back home."

Press release:

Tops Markets LLC (“Tops” or the “Company”) today announced that the United States Bankruptcy Court for the Southern District of New York (“the Court”) has confirmed the Company’s Plan of Reorganization (the “Plan”). Tops expects to complete its restructuring and emerge from Chapter 11 shortly.

“We are pleased to receive the Court’s approval of our Plan and are poised to emerge from this process an even stronger and more competitive company,” said Frank Curci, chief executive officer of Tops. “Through this process, we have accomplished several key objectives, including significantly reducing our debt, creating a viable cost structure and efficiently optimizing our store portfolio.

"Importantly, we provided an opportunity for employment to every associate who was interested and impacted by store closings at other nearby stores. Our restructuring will create an even more exceptional shopping experience for our customers and assure that we will continue to serve our communities like no one else can.”

“On behalf of everyone at Tops, I want to thank all Tops associates, who have continued to provide customers with convenient, friendly and high-quality service. I also want to thank our loyal customers, suppliers and other stakeholders for their continued support throughout this process.”