batavia

When I stopped into South Beach, 59 E. Main St., Batavia, this afternoon to see what was up with the re-opening plans, the first thing Ken Mistler did was give me a cup of ice water.

Man, was it good. And not just because it was 96 degrees outside.

Mistler has a whole new filtration system that all the water -- for cooking, ice and table service -- goes through. It's as pure and clear as a pristine mountain stream.

And it's also evidence of the first-rate job Mistler has done in putting together the new South Beach. He's not calling it "Ken Mistler's South Beach," but that's how we might start thinking about it. It's both that different and yet still South Beach.

Inside are the same bamboo and beachy themes, but Mistler has also made a lot of changes, from adding a side-door entrance and doing away with the Main Street entrance, to enclosing the kitchen. The latter change helps keep heat in the kitchen instead of the dining room. He's also added new, larger, more private booths.

There's also more seating overall and a bigger bar.

And Mistler isn't done. He's got expansion plans for downstairs once the main restaurant is running smoothly.

The new South Beach officially opens Tuesday.

As for the food, Mistler said it will be "South Beach with a flair." There will be steaks and seafood and pineapple dishes, but one unique feature is that diners will have the option of ordering -- and paying less -- for smaller portions.

"We thought, when we go out to eat the plates are just too big, too much food on the plate, and you feel obligated to eat it," Mistler said. "We’ll do away with that by offering the same dish, but a smaller portion at a lower price."

An injury accident is blocking the intersection of Clinton Street Road and Seven Springs Road, Batavia.

Stafford Fire and Mercy EMS are dispatched.

Minor injuries are reported.

A pickup truck has lost a wheel and rear axle and needs to be towed from the intersection.

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City Police are being dispatched to Austin Park.

The trouble: "Kids are throwing water at each other."

In the words of the dispatcher, "apparently, the parents don't like that."

Kristopher David Cadieux, 32, of Strathallen Park, Rochester, is charged with petit larceny, criminal possession of stolen property and aggravated unlicensed operation. Cadieux allegedly stole two video cameras from Target on Monday. On Tuesday, he reportedly returned to the store and was spotted by Target security. As he left the store, the Sheriff's Office was contacted. He was later spotted at Walmart. He then reportedly drove to the Lowe's parking lot, where he was stopped and identified. During the stop, Deputy John Baiocco reportedly found four stolen video games in Cadieux's car.

Jordon J.J. Herthum, 20, of 7109 Chili-Riga Road, Churchville, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and failure to keep right. Herthum was stopped at 3:37 a.m. on Lake Street in Le Roy by Sgt. Michael Hare.

A 17-year-old resident of North Lyons, Batavia, is charged with petit larceny. The youth is accused of stealing money from Darien Lake Theme Park while an employee.

Michael Aaron Witkop, 18, of Ross Street, Batavia, is charged with unlawful possession of fireworks, possession of alcohol under 21 and inadequate vehicle exhaust mechanism. Witkop was stopped at 1:54 a.m. by Deputy Patrick Reeves on Law Street, Batavia for an alleged traffic violation. He was allegedly found in possession of fireworks and alcohol.

Janet and June Lee had things just about ready by late this afternoon for the annual Order of the Eastern Star book sale at the Masonic Temple, 200 E. Main St., Batavia.

The sale opens Thursday at 9 a.m., rain or shine, and runs through noon, Saturday.

Proceeds benefit the VA Nursing Home and other charities.

Book donations are still welcome, but the Lee sisters request no professional or college books, National Geographics or encyclopedias.

Available are a wide variety of books, both paperback and hardback, from all types of fiction to books on cooking, crafts, sports and politics.

After taking care of my advertising-related tasks today, I decided to drive around the city (and only the city, for the whole "Summer in the City" theme) and get pictures of people dealing with the heat, or enduring the heat (such as guys still forced to work even though between the heat and humidity, the climate was ungodly).

I started at Dewitt Park on Ceder Street where I spotted this boy wading in the water, apparently hunting for crawfish.

Below is Eva Bohn, who took a book to one of the pavilions at Dewitt. She said sunny days are too precious to waste, so she tries not to spend them indoors. She found a shady spot with a little breeze and whiled away the time with a thick book.

Of course, no photo essay about summer in the city would be complete without a visit to the spray park in Austin Park -- there's one picture of it below, and then more after the jump.

Bikes on the dock at Dewitt -- I have no idea where the riders went.

Tackle box, a rod and reel at DeWitt.

Zack (left) and Nick Merlotta were at Dewitt today fishing in a nice shady spot. Zack, who was quite interested in having his picture taken by The Batavian, said his brother caught a pike and a bass yesterday.

Jerry Douglas and Russ Morey, both from Rochester, endured the heat as they installed pipes for electrical lines as part of the UMMC expansion.

Three construction workers at UMMC leaving work. They were very focused on leaving and didn't seem to want to be bothered with me getting their names.

Boys relaxing in a shady tree at Austin Park.

A woman with a bright red headband at Austin Park.

As I took a picture of the woman with the bright red headband, this boy, thinking I was taking pictures of him, started in with boxer poses, so, I took a picture of him, too.

As I drove down Liberty Street, I spotted Paul Berardini eating watermelon on a porch, so I stopped. It turns out he was at his cousin's house, who was hosting a BBQ for some Batavia Muckdogs players (who had the day off). Above are Mike O'Neill and Matt Valaika.

Pauly with Muckdogs centerfielder Nick Longmire.

Mike Storh, of Depew, was among the work crew installing a new sidewalk on Liberty Street this afternoon.

Charles Vaccaro, of Williamsville, takes a break during the sidewalk installation on Liberty Street.

Councilman Bob Bialkowski was on Union Street this afternoon collecting signatures on a nominating petition. He didn't say who for.

It wasn't rain, sleet or snow, but postman Jason Warren was out on Bank Street proving that no matter what the weather, the postal service is getting the mail out.

Geoff Redick only had to report how hot it was, otherwise, he enjoyed the air-conditioned confines of the WBTA studio.

Main St. Pizza Company was packed as early as 4:30 p.m., and the kitchen was sweltering. Owner Vic Marchese said the area of the ovens, friers and woodpit BBQ can get up to 120 degrees on a day like today.

Hot wings on a hot day: One of Vic's cooks flips an order of hot wings on the BBQ grill in his kitchen.

City residents and those who work in the city are asked to provide input to the Batavia City Council through a Citizen Survey posted on the city’s website at <www.batavianewyork.com> through Friday, July 30.

The survey of eight questions takes about eight minutes and is designed to gauge how citizens perceive the quality of several city services. The survey also inquires as to whether citizens plan to remain in Batavia in five years, and provides an area for general comments.

The data received from the survey can be broken down by ward, age group and/or gender.

The results will provide the city with information for its strategic planning process for fiscal 2010 – 2011.

“We have spent a significant amount of time gathering data from the hard work done by our citizens in the past,” said City Manager Jason Molino. “It is important that we supplement the information we have with data that outlines how our citizens perceive the job we are doing today.”

The online survey can be accessed by any computer with Internet capability.

To find the survey, an individual will need to go to www.batavianewyork.com and click on the “8 Minutes till Eight” logo for the citizen survey.

This link will take the participant directly to the survey which can be filled out online and submitted by the click of a button upon completion. All residents, and those working in the city, can take the survey, and the survey can be accessed more than once by eligible members of the same household.

“We need citizen input in order to make informed decisions that will impact the future for us all” said City Council President Marianne Clattenburg.

For individuals without computers, the Richmond Memorial Library is encouraging Batavia residents to use its free Internet service to take the survey.

The library offers several computer terminals from which the survey can be taken. The service is free; however individuals must sign up to become a library member first.

Membership is free and simply requires a few minutes to provide some basic information. Summer library hours are: 9 a.m. to 9 p.m. Monday – Thursday; and 9 a.m. to 5 p.m. Friday and Saturday.

GoArt!'s annual 4th of July "Picnic in the Park" got a pretty good turnout this year, with families and people of all ages coming over to enjoy the food, shows and activities.

For those who missed it, here are some photos:

Andrew Richardson, a pastoral intern at Batavia Assembly of God Church, gets "dunked."

Fencing competition sponsored by Batavia's new En Garde Fencing Academy.

Pictured the Fraterrigo Family, who came to play some bluegrass for the folks in Batavia.

Members of the group Diaspora Drumming play some Latin American drumbeats.

A spectator "jigs" to Irish tunes.

ANIMALS IN THE PARK:

Between Picnic in the Park and Mark and Mary Holmes' 4th of July garage sale, spectators had a lot of attractions to choose from on Sunday.

Mark and Mary, who are brother and sister, have a big sale in front of Mary's home on 18 Park Ave. -- right across the street from Centennial Park -- around every major holiday. They donate the proceeds to different area charities; this time, the money went to the Junior Grange in East Pembroke.

Many of the items they sell are recyclable, including these wind chimes made of empty cans:

Mark and Mary may have another sale on Labor Day, depending on what their schedule is like. They are currently in the process of opening up a used bookstore in the Batavia Industrial Center on Harvester Avenue. 

The store will be called "Anything Goes: Books and More," and they hope to have it up and running by the end of the month.

They had some books and movies on sale Sunday, you might say as a sort of "preview":

"Anything Goes" will be something quite different for Batavia. It will be a sort of hybrid bookstore/flea market/antique store/forum for charities, among other things.

In addition to selling used books, VHS tapes, antiques, and other needful items -- most of which will cost $5 or less -- the Holmes' will have a corner of the store dedicated to area charities. A jar will be available for donations, and a different charity will be featured each week.

"This is a way for us to give back to the community," Mary said, pointing out the tremendous amount support she and her brother have received from the people of Genesee County during their sales.

Anyone who would like more information about the store, or would like to volunteer to help set things up, may call Mark at 591-2669 (leave a message).

Judge Robert C. Noonan sentenced three men to prison Tuesday afternoon and gave an inmate in county jail one more time to consider a plea offer or prepare for trial.

Kirby S. Wall, 33, of Rochester, was convicted of criminal sale of a controlled substance. It was his second felony conviction; the first one was in 1995.

"He has been abusing substances and he desperately needs help," attorney David Morabito told the judge, adding that he disputes the People's contention that Wall told probation workers that he didn't have a drug problem.

"He accepts responsibility," Morabito said.

Wall was arrested in April 2009 for selling crack cocaine and illegal possession of marijuana. He had $1,000 worth of crack on him when arrested and had previously sold crack to two undercover agents, according to law enforcement.

But the judge didn't grant his attorney's request to send Wall to "shock camp," wherein those incarcerated also get substance-abuse treatment.

"Maybe this is a way of paying his debt to society and also get the help he desperately needs," Morabito said.

Instead, Noonan sentenced Wall to the maximum allowable, a determinate sentence of three-and-a-half years in the penitentiary, plus five years of post-release supervision. He has to pay $200 restitution. Noonan also issued two orders of protection, barring Wall from contacting two individuals for 11.5 years.

The next case heard was that of Thomas A. Culver Jr., 31, of 13 Wood St., Batavia, who pled guilty to grand larceny, 4th, his second felony offense. He was one of three people arrested for attempting to cash in checks from a closed account at a local bank.

"He desperately needs help," attorney Marabito said. "He wants to participate in a number of programs he's qualified for, so he can also get credit (toward his sentence)."

Morabito filed a motion to have Culver's guilty plea vacated because of the advice given by his previous attorney.

Noonan refused to vacate the plea, citing an insufficient basis on which to do so, and asked Culver if he had anything to say before sentencing.

Culver said the attorney he had, before Morabito took on the case, "pushed" him into taking a one-and-a-half to three-year plea deal, saying failure to do so would result in "excessive time." That attorney, he said, also told him he had to admit guilt in taking the plea and when he tried to discuss his case, the attorney would repeatedly hang up the phone on him.

Noonan listened and then promptly sentenced Culver to an indeterminate sentence of one-and-a-half to three years in state prision, and authorized him to be enrolled in a substance-abuse treatment program. He was ordered to pay a total of $1,897.35, "to be collected in DOCs (the Department of Corrections)," while in prison.

Also sentenced to prison Tuesday, was Malik I. Ayala, 18, of 44 Walnut St., Batavia, who was convicted of burglary, 3rd.

The conviction stemmed from his role in stealing an MP3 player on March 10 from a 15-year-old in the parking lot of MacArthur Park.

On July 2, he was re-arrested on a petit larceny charge, violating his probation.

Regarding the petit larceny charge, Ayala's attorney, Frederick Rarick, told Judge Noonan that Ayala had gone to Corfu "to line up lawns to mow." He was unsuccessful. Then some young women picked him up and they all went to a liquor store. The women went in first, and he went in afterward.

"My client had no involvement in an attempt to steal liquor," Rarick said, adding that Ayala "has major drug issues. To send him to prison would be wrong. This boy needs some help with drugs. He is a young man with many issues."

Regardless, since his burglary conviction, Ayala missed four or five appointments with the probation department, plus a 1 p.m. drug test yesterday. When he did show up for testing, he reportedly attempted to alter the results, prompting a second test in which he was positive for marijuana.

When given a chance to speak, Ayala told the judge in a rambling statement that he was thankful for the judge's patience and consideration, that he loved everybody, that he wanted to do better and had even tried to join the Army. He got emotional and asked the judge for another chance.

But Noonan was exasperated by Rarick's client.

"You've been a very big frustration for me," Noonan told Ayala, noting that he has tried to help him, his family has tried and so has his probation officer. "There is only one person in this room that can help you and that is you.

"You wouldn't last 10 minutes in the military. I have no alternative but to send you to prison. Your probation is revoked. I'm sentencing you to one-and-a-third to four years in state prison. It's not just the drugs. You can't obey rules. You don't show up for appointments. You don't do what you're told to do."

Ayala hung his head and cried. A half dozen family members and friends appeared very sad, and one woman sobbed. He asked if he could tell his family goodbye. No, like the others, he was taken into custody there and then.

Wearing orange jail garb, Brandon C. Dodd, 22, was also in court yesterday. He is charged with burglary, 2nd, for allegedly taking part in a home-invasion robbery March 18. He allegedly forced his way into a home on Vine Street wearing a bandanna over his face. The residents allegedly fought back.

Dodd has at least five arrests for various crimes.

As of Tuesday, he had not responded to the district attorney's offer of a guilty plea to a Class D violent felony as a first-time felony offender, which would permit the possibility of probation.

His attorney told Noonan he needs more time to prepare for trial, which is estimated to take four days. The judge set a new trial date for Nov. 8 and set a court time of 10:15 a.m., Sept. 2, as the last opportunity to accept the plea offer. If found guilty at trial, Dodd would face a mandatory prison term.

Dodd returned to jail.

A 3-year-old with a partially amputated finger is reported at a day care facility located at 4007 Pearl Street Road, just west of the Bethany-City of Batavia Townline Road. Bethany ambulance is called to respond mutual aid to the incident.

UPDATE (3:50 p.m.): An emergency responder reports that the 3-year-old was "slammed into a door" partially amputating a finger.

UPDATE (4:12 p.m.): A medic on scene says the victim is a girl boy whose left middle finger was injured. The young patient is too upset and in pain to give any details to emergency workers. She He is being transported to Strong Memorial Hospital.

UPDATE (5:45 p.m.): Like many of our reports, the particulars of this item came from the scanner. The operator of the day care facility called afterward to say the medic at the scene incorrectly stated that the victim was a girl.

"It's obvious he's a boy," she said.

Furthermore, she took issue with the statement that the child was "slammed into a door," stating that the incident was purely accidental and that a door was inadvertantly shut on the tot's hand, injuring his finger.

Cassandra D. Griffin, 37, of Liverpool, is charged with driving while impaired by alcohol, endangering the welfare of a child, and driving with driver's view obstructed. Griffin was stopped by Deputy Kevin McCarthy at 11:13 p.m., Tuesday, on Route 77 in the Village of Corfu. Griffin allegedly had her three daughters with her, all under 17 years old.

Kyle Roger Esten, 25, of South Main Street, Oakfield, is charged with aggravated harassment, 2nd. Esten is accused of making harassing phone calls to his ex-girlfriend.

Tama Lee Reiss, 46, of Genesee Street, Corfu, is charged with DWI, aggravated DWI, unsafe backing, refusal to take pre-screen test, failure to keep right. Deputy Patrick Reeves responded to a report of an erratic operator on Route 33 in Pembroke at 8:05 p.m., Tuesday. When Reeves reportedly tried stopping Reiss's car, she eventually pulled over and then attempted to back up, causing both lanes of traffic to stop in order to avoid a collision.

Cody A. Bush, 24, of Oak Orchard Road, Batavia, is charged with harassment, 2nd. Bush is accused of pushing and striking another person during an argument at a residence on East Main Street Road, Town of Batavia.

The Town of Batavia Volunteer Fire Department is holding its annual Harley raffle.

Tickets are available at the Fire Hall on Lewiston Road and Stan's Harley Davidson. Only tickets 2,700 will be sold. Tickets are $20 each. The drawing is July 24.

Tickets can also be purchased by mail: Town of Batavia Fire Department, C/O Raffle Chairman, P.O. Box 417, Batavia, 14021-0417.

Pictured with the Harley is Bill Leonart, who was at the Fire Hall today selling tickets.

Michael J. Wilkins, 28, of Nunda, is charged with manufacturing/possession/selling of a prescription controlled substance, criminal possession of a controlled substance 7th and unlawful possession of marijuana. Matthew A. Moir, 19, of Portageville, is charged with unlawful possession of marijuana. Wilkins and Moir were arrested by State Police on Route 20 in Alexander at 11:30 p.m., Friday. No further details were released.

Vamaca Noe Velazquez, 22, of Hundred Mark Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, unregistered motor vehicle, switched license plates and operating without insurance. Velazquez was stopped at 1:02 a.m., Monday, on Hundredmark Road, Elba, by Deputy Patrick Reeves. Velazquez was jailed on $2,500 bail.

Assante Darrell Huggins, 18, of Brunswick Road, Buffalo, is charged with petit larceny. Huggins is accused of stealing $416 while employed at Darien Lake. The alleged thefts occurred between June 6-26.

Matthew R. Norstrand, 25, of Vroom Road, Spencerport, is charged with unlawful possession of marijuana and unlicensed operation. Norstrand was stopped at 8 p.m., Friday, on North Street Road, Le Roy, by Matt Butler. Norstrand was allegedly driving on a suspended license. During the traffic stop, a marijuana pipe was allegedly found in his car. Norstrand was jailed on $500 bail.

Samuel F. Richardson, 45, of 231 Vine St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe backing. Richardson was reportedly involved in a minor traffic accident at 4:15 p.m., Monday, at the Wilson Farms store on West Main Street.

Cindy S. Dudek, 51, of Darien, is charged with harassment 2nd. Dudek was arrested by State Police at 9:45 p.m., Saturday. No further details released.

Jayson L. Bryant, 26, of Batavia, is charged with criminal contempt/disobeying a court order. Bryant was arrested in Oakfield at 1:45 p.m., Sunday, by State Police. No further details were released.

Cheryl A. Vagg, 53, of Warsaw, is charged with driving under the influence of drugs, 2nd offense in 10 years. Vagg was arrested at 5:22 p.m., Friday, by State Police on Ledge Road, Alabama. Vagg was jailed on cash bail. No further details were released.