batavia

City Fire Department is being dispatched to the CSX tracks just west of Cedar Street for the report of a small grass fire.

The location is mile post 402.

UPDATE 2:05 p.m.: City fire requests confirmation of notification of CSX because of limited visibility for westbound trains. There is currently a westbound train in the area.

UPDATE 2:12 p.m.: CSX is slowing trains to 30 mph in both directions. If city fire wishes them slowed more or stopped, dispatch can put in the request.

UPDATE 2:30 p.m.: Fire is contained.

The annual Kiwanis Easter Egg hunt was held at Centennial Park in Batavia this morning.

No matter how many eggs the Kiwanis members put out, they're all gone in about 60 seconds.

If you have trouble viewing the slide show below, click here. To purchase printed copies of these photos, click here.

A two-car accident with one person possibly suffering a head injury is reported in the eastbound lane of the Thruway in the area of mile marker 386.8.

Town of Batavia Fire responding. Mercy EMS on scene.

Mercy Flight on standby.

UPDATE 3:08 p.m.: No update on injuries. Town of Batavia assignment being held to equipment on scene.

UPDATE 3:20 p.m.: Two patients going to Strong and two going to UMMC, all by ground ambulance.

A grease fire is reported in the kitchen at 16 Highland Ave. in the City of Batavia. The residence has been evacuated. But the city fire department is on scene and reports nothing is showing.

UPDATE 2:32 p.m.: The fire was contained to a pot on the stove and it's now out. The home is being ventilated.

UPDATE 3 p.m.: All units clear of 16 Highland. City Fire back in service.

Lennie M. Colley, 46, of South Lyon Street, Batavia, is charged with a felony count of criminal mischief, 3rd, DWI, driving with a BAC of .08 or greater and consumption of a alcohol in a motor vehicle. Colley is accused of smashing out windows of motor vehicles at about 2:40 a.m., today, on Route 5 in Stafford. Deputy James Diehl and Sgt. Brian Frieday responded to the call and found Colley allegedly driving drunk.

Lee Ann Marchese, 51, of Alleghany Road, Alabama, is charged iwth burglary 2nd. Marchese is accused of entering a dwelling in Stafford on Tuesday and stealing property.

Dimitri Carmelo Burton, 19, of East Main Street, Batavia, is charged with petit larceny. Burton is accused of shoplifting from the AT&T store on Veterans Memorial Drive. Burton was jailed on $250 bail.

The assessment of Assistant District Attorney Will Zickl is that Carlos Torres is "committed to the commerce of illegal drugs," and today Judge Robert C. Noonan said he agrees.

Noonan noted that the probation report listed the names of six children Torres is responsible for, but in what the judge called one of the most bizzare paragraphs he's ever read in a probation report, Torres admits to fathering four other children. Torres, however, apparently doesn't know their names and their mothers have left the area.

He is obligated, according to Noonan, to make child-support payments for one of those four children, but hasn't been making payments.

"You're an irresponsible criminal who deserves the maximum sentence you negotiated," Noonan said.

Torres entered a guilty plea Jan. 9 to criminal possession in the fourth degree.

He was arrested in August and found carrying cocaine, crack and heroin with an estimated street value of more than $7,000.

At the time, Sgt. Steve Mullen, lead investigator for the Local Drug Enforcement Task Force, said "The weight of the powder cocaine, along with the number of bags of both crack and heroin, on top of his $4,000 (in cash), is significant for this county."

Torres came to the attention of investigators in May 2010 when he showed up at UMMC with gunshot wounds. 

At the time, he claimed he had been walking down Indian Falls Road when a car pulled up behind him, somebody demanded his wallet, then shot him. He called a friend who drove him to the hospital.

In May 2010, Torres was on probation out of Erie County for a 2008 drug conviction.

Attorney David Widenor argued vigorously that his 37-year-old client is a sincerely changed man who has seen the error of his ways.

"He wants to be a law-abiding citizen," Widenor said. "He has a family to support. He has six children he loves and wants to care for."

The August arrest derailed an opportunity for Torres to own a legitimate business locally, Widenor said, but the attempt itself was evidence that Torres knows he needs to get his life on a legitimate path.

"He wants to get out of this lifestyle he's been in," Widenor said.

Torres spoke briefly and quietly.

"I've been with the wrong people at the wrong times," Torres said. "I let my children down, but most of all, I let myself down. I want to change that."

Noonan said immediately that he agreed with Zickl's assessment.

"You have demonstrated that you're a drug dealer," Noonan said. "That's what you do and that's how you make a living."

After Noonan pronounced sentence, Torres's girlfriend, sitting in the gallery, began to cry. Torres and the woman have a child together.

The Local Drug Enforcement Task Force announced the arrest of 11 people on various drug-related charges stemming from three different enforcment actions by task force members.

Curtis M. Gallagher, 27, of West Main Street Road, Batavia, is charged with criminal possession of marijuana and criminal possession of a controlled substance, 7th. Gallagher was arrested following the execution of a search warrant March 30 on his vehicle and residence. Gallagher was allegedly found in possession of a quantity of marijuana and a quantity of hydrocodone along with some drug paraphernalia. Gallagher was issued an appearance ticket.

On Saturday, the task force arrested five people who were allegedly using a hotel room "for the purpose of abusing crack cocaine," according to the press release. Upon raiding the room, investigators allegedly found a quantity of crack cocaine and buprenorphine hydrochloride. Taken into custody and jailed on $1,000 bail each were Pamela A. Adamski, 28, of Walnut Street, Batavia; Jodi L. Reed, 40, of South Pearl Street Road, Oakfield; Heather J. Nadolny, 28, of East Main Street, Batavia; Nicholas J. Volpe, 40, of Edwards Street, Batavia; and, Timothy J. Walsh, 44, of Redfield Parkway, Batavia.

Over a two-day period, March 21 and March 22, members of the task force along with uniformed deputies and police officers from Batavia and Le Roy, conducted a number of traffic stops. Along with citations issued, the following people were charged with drug-related offenses:

• Nick Hawkins, 28, of Market Street, Brockport, and Seth Fisher, 24, of Asbury Road, Le Roy, were charged with unlawful possession of marijuana.
• Alex Cordero, 24, of Avenue D, Rochester, was charged with unlawful possession of marijuana.
• Phillip Ayala, 27, of Melville Street, Rochester, was charged with unlawful possession of marijuana.
• Douglas Brown, 29, of East Main Street, Corfu, is charged with unlawful possession of marijuana.
• Pamela A. Adamski, 28, of Walnut Street, Batavia, and Dajuandrick Gardner, 35, of East Avenue, Batavia, are both charged with criminal possession of a controlled substance, 7th.  Adamski and Gardner were allegedly found in possession of cocaine. Gardner was also charged with unlawful possession of marijuana.

A 40-year-old Batavia man is accused of committing sexual acts on a 2-year-old over a three-month period.

James Little Jr. is being charged with three counts of criminal sexual act in the first degree.

Batavia PD released no further information on the case.

Little is scheduled to reappear in Batavia City Court on April 18.

A day after The Laughing Buddha announced that it was willing to cooperate with officials, owner Jay Lang was served a notice from New York State Health Department, banning him from selling potpourri over the counter. 

Lang said Tuesday he had voluntarily removed his products from the shelf days earlier, but now he's not permitted to restock them, according to the notice. 

"The health department stopped in this morning and told us we couldn't sell our products anymore," Lang said. "They were very polite and we cooperated fully. We gave them samples of our products that they will be testing for the banned cannabinoids.

"I also spoke to Det. Crossett (Batavia PD) this morning and he informed me that this is a civil matter and not a criminal matter," Lang added.

If he were to restock, the state could fine him up to $1,000. 

Local health department officials confirmed that Lang gave them samples and that tests would be done, but could not tell us exactly what was being done or being tested for, since it was being handled at the state level and not county level.

Products that are being tested include the potpourri that sells under the name White Rhino, Hammer Head and Yum Yum. 

"If the tests come back in my favor, I can restock the shelves," Lang said. "If they come back against me, they will let me know what compounds need to be changed to make the products legal." 

Lang has fifteen days to present proof that his products do not constitute a danger to the health of the people of the State of New York.

Since The Batavian first started following the story, numerous news stations have also picked up on this local story. 

Previous coverage: 

• Laughing Buddha owner pulls potpourri, but believes statewide ban violates constitutional rights
• County health inspectors visiting shops that might sell synthetic weed to enforce new statewide ban
• Potentially dangerous synthetic drugs readily available in Genesee County
• Professionals who work with substance abusers share concerns about 'incense'
• Four smoke shops on reservation raid by feds -- cigarettes, fake pot, bath salts seized
• Hammer Head' 'incense' blamed for seizure of youth in Le Roy

Photo by Howard Owens

I've taken pictures of the Richmond Mausoleum before, but while I was on Harvester Avenue today, a gorgeous early spring day, I had an idea for a different approach (at least for me) to the shot. This is the result.

Masse Gateway -- a redevelopment project partially funded by NYS grants -- has its second tenant.

Merrill Lynch Global Wealth Management is building a new office -- that someday could employ 18 people -- in one of the former tractor factory buildings.

Martin G. Anderson, a director out of the Buffalo office, said Merrill Lynch has had its eye on Batavia for five years and those long-range plans are just coming to fruition.

"We know our clients in Batavia do not want to drive to Buffalo or Rochester to do business," Anderson said.

The office will initially open with 11 employees, including some brokers who were once with the old Smith Barney office in Batavia and jump shipped years ago to Merrill Lynch.

"This is going to be a bit of a homecoming for them," Anderson said.

Among them is Joshua Dent, a Bethany native who will manage the new office.

Previously, local business Creamy Creations announced it was moving to Masse Gateway.

There is 60,000 square feet available in the redevelopment project.

Merrill Lynch anticipates opening the office Aug. 1.

Top photo: Anderson and Dent with Julie Pacette, community development coordinator and Tom Mancuso, owner of Masse Gateway. Bottom photo, Mancuso, Dent and Anderson with City Manager Jason Molino during a meeting with the local media.

It was graduation day for Batavia Enclosures at the Batavia Industrial Center this morning.

The 24-year-old company is moving to its own 27,000-square-foot building, which will help better meet the needs of the growing enterprise.

Leonard Roberto founded the Batavia Enclosures in 1988 with only $6,000 in the bank.

"We didn’t have a name, no company, no product," Roberto said. "I just believed it was something I wanted do, so I quit my job and came here to Batavia and rented 4,000 square feet. I had no equipment and no customers. That’s how we started. My faith was that it would happen and it did happen."

Batavia Enclosures makes precision-engineered cases and racks for electronic companies. The additional space will allow it to introduce new manufacturing processes, including powder coating.

Roberto said the firm, which now has four employees, will likely add four or five workers with the expansion.

Meanwhile, he and his sons have started a second business called Savage IO, which manufactures a server -- a computer that stores and serves data to other computers over a network. That's where the big opportunity lies -- in the server industry -- which he says is currently the fastest-growing industry in the world.

Savage IO is potentially a multi-multi-million dollar company, Roberto said, and much of the space of the new building is intended to accommodate growth.

BIC President Tom Mancuso presented Roberto with a certificate of graduation in a ceremony at Moonjava Cafe in the Harvester Center and congratulated Roberto on his company's growth.

Roberto thanked Bank of Castile for facilitating the purchase of the new building.

In 2011, the Batavia Police Department responded to 16,991 calls for service and logged more than 154,000 patrol miles, according to a report released by the department.

Overall, the crime rate was up slightly in 2011 over 2010, but still down from the 2009 rate.

The rate in 2011 was 35.12 (an index computed by city population). In 2010, it was 34.93, and in 2009 it was 37.20.

There were 376 criminal arrests in 2011, compared to 575 in 2010.

Calls for service in the city peaked in 2007 at 17,707 and dropped off dramatically in 2008. The number has increased each year since and was 16,581 in 2010.

The detective bureau field 479 cases and pursued 396 criminal investigations.

There were 399 larcenies reported in 2011; 95 burglaries; 12 motor vehicle thefts; 32 assaults; zero murders; and 10 rapes.

The rape total was the highest of any of the past six years.

Besides rape, there were 20 total sex crimes reported in the city, down from 25 in 2010.

DWI arrests were up from 36 in 2010 to 47 in 2011.

There were 499 motor vehicle accidents reported in the city in 2011. That's down from a recent high of 528 in 2009.

In all, police officers inititated 3,517 traffic stops in 2011 and issued tickets for 1,054 moving violations.

A total 1,413 parking tickets were written.

The full report is available as a PDF. Click here to download.

The Easter Bunny is downtown today, hanging out outside the Enchanted Florist on East Main Street.

Last week the New York State Health Commissioner issued an order prohibiting products that fall under the umbrella heading of “synthetic cannabinoids” from being sold in the state. These are items sold as “incense” and not for human consumption yet are often smoked as a substitute for marijuana.

Jay Lang, owner of The Laughing Buddha in Batavia, and his attorney say they believe the ban violates two forms of retailers' constitutional rights, one of which falls under the category of interstate trading. 

"After the ban, health department officials stopped by 'The Buddha' but we had already pulled our products that were questionable," Lang said. "I called my attorney and the legal team of the distributors, we all believe that the ban violates the individual rights and the rights of the distributors."

Lang, who recently moved his shop to 238 Ellicott St., claims he did not sell any of the banned items but voluntarily pulled any questionable items from his shelf last Thursday after hearing of the new mandate.

"I don't sell 'Spice' or bath salts," Lang said. "I never have. I sell potpourri. It's the same thing as if you go to your arts and crafts stores or your Big Box retailers. It's just that tattoo and head shops have been put under a microscope."

The items on the state's banned list include K2, Spice, Galaxy Gold, and Mr. Happy.

According to Lang, "Spice" was the trade name given to K2, that was banned more than a year ago. Since then, the distributors have made changes to their products in an attempt to legalize them again, he said.

Although some of the products have regained legal status, they still carry the label "Spice." He said that "Spice" is currently being used as the slang name given to the damiana leaf after it's been sprayed with synthetic cannabinoids. It only gets the "Spice" classification once it is sprayed.

"None of the products that I sell have been sprayed with any form of cannabinoids, which is why these products are still legal to be sold," Lang said.
"My attorney and the distributor's legal team have advised me to put my products back on the shelf, although for the time being, I am keeping them off (the shelf)."

Lang, who said he has NYS certified lab reports that classify his products as potpourri, has also put together a package to work with the health department and law enforcement regarding the products in question.

"I'm inviting the health department and law enforcement to inspect my questionable products," he said. "I have sample kits that I put together for them and I will even pay to have my products tested to prove that they do not contain any of the banned cannabinoids and that all they are is potpourri."

If law enforcement and the health department do not express interest in the testing and validating his products as legal potpourri, Lang plans to restock his shelves with the products.

A possible grass fire is reported at 480 Lehigh Ave. in Batavia, "behind the water plant." City firefighters are responding.

UPDATE 2:52 p.m.: City fire is back in service.

Press release:

Genesee Community College's Earth Club, Student Activities Office, and College Village are joining forces again with Cool Kids to produce the 7th annual Cool Kids! ECO-Fest – a fun-filled, educational event that increases awareness of important environmental issues while celebrating Earth Day.

All portions of the event are free and open to the public and scheduled from 10 a.m. to 2 p.m. on Saturday, April 14 at the Batavia campus. Both indoor and outdoor activities will be happening throughout the four-hour event, which winds down with the Eco-Raffle of great green prizes, including the Grand Prize -- a 21-speed mountain bike provided by Adam Miller Toy & Bicycles. (You must be present to win.)

Many of the popular eco-opportunities will be back, such as collecting residential e-waste, worn American flags, rubber sneakers, plus the Inflation Station with Sloat Tires, as well as the Wildlife Educators Coalition and a full display of worldwide artisans' work from One World Projects.

But there are also be some new green alternatives to explore and enjoy.

The largest and perhaps most dynamic new Cool Kids! ECO-Fest program in 2012 will be the live demonstrations of the "BigFoot Baler" happening on the west end of campus. This massive piece of equipment will be taking "ag plastic," which is the bale wrap, vegetable row covers, and bunk silo covers delivered by local farmers, and compacting the waste into 1,000-pound bales. These will eventually be recycled into plastic film, fencing, picnic tables, benches and other molded plastic items.

Without recycling, agricultural plastics end up buried on farms and nurseries, burned, or taking precious space in landfills. The BigFoot Baler has been made possible through NYS DEC and Cornell University's Recycling Agricultural Plastics Project (RAPP).

For scheduling efficiency in the compaction process, Conservation District Manager George Squires asks that all farmers participating in "ag plastic" recycling call the Genesee County Soil and Water Conservation District Office at 343-2362 before April 14. The BigFoot Baler requires the plastic to be free of mud and manure; soils, forage and stone should be shaken off and smaller pieces that can be handled by one person are preferred. GCC student volunteers will  assist with processing.

"Each year at Cool Kids! ECO-Fest, we try to introduce at least one major new initiative that explores the innovative facets of environmental sustainability," said Donna Rae Sutherland, Genesee's Earth Club co-advisor and associate director of Marketing Communications.

"Last year we began collecting worn American flags and demonstrating bird banding. Two years ago it was collecting rubber sneakers. This year, we welcome the BigFoot Baler! The annual Cool Kids! ECO-Fest leads the charge in helping everyone learn how they can play an important role, each and every day, in building a greener future. It's not hard. In fact it's fun and it really is 'way cool.' "

The bird-banding demonstration by Tom Klotzbach is also happening on the west side of campus near the college's Nature Trail. He is a local birding expert and researcher, as well as a GCC alumnus and employee. He is in the third year of a three-year bird-tracking project with more than 60 bird boxes located at GCC and on the western portion of the Ontario State Parkway.

The seasonal outdoor effort starts in early April when Klotzbach begins tracking various species of native and non-native birds. Through banding and biweekly nest box checks, Tom is collecting bird data such as age, sex, fat score and mass, which are used to study migration patterns with the U.S. Geological Survey.

The 7th annual Cool Kids ECO-Fest also includes more than 35 exhibits, presentations and activities, inside the college's forum and cafeteria. As in years past, hundreds of people of all ages are expected to attend the event enjoying environmental fun and educational opportunities, and the more green things they do – the more Eco-Raffle tickets they earn to increase their chances of winning the mountain bike.

Among the ways to earn Eco-Raffle tickets:

•    Donating residential e-waste or electronics such as old computers, monitors, calculators, TVs, VCRs, stereo equipment, video games, and microwave ovens (No other kitchen appliances, please.)

•    Donating paperbacks books for American troops overseas

•    Donating worn American flags for proper disposal by Sheppard, Maxwell and Hale

•    Getting your tire pressure checked by Sloat Tires Inflation Station

•    AAA mercury hood lamp switch-out (for 2002 or older cars)

•    Being an ECO-Fest volunteer

•    Wearing green

From kites to water bugs to tree saplings, eco-tips to digging fossils, treasured trash time or battery tests -- it's all free at the 7th annual Cool Kids! ECO-Fest.

Genesee Community College is also excited about two other Earth Day celebrations this spring emphasizing its commitment toward a greener future.

•    Street cleaning of R. Stephen Hawley Drive happens from 12:30 to 2:30 p.m., Thursday, April 12 with a post-cleaning pizza party sponsored by the college's Earth Club in the GCC cafeteria.

•    "Pillage the Village" from 11 a.m. to 5 p.m. on Thursday, May 10 is the end-of-year yard sale at College Village. The event is free and open to the public, and will be located near the Village Hall at College Village, 8170 Batavia-Stafford Townline Road in Batavia.

For further information on all college events contact Donna Rae Sutherland at 343-0055, ext. 6616, or email dsutherland@genesee.edu.

For more information on Cool Kids! and the list of "allowable recyclables," call The Cool Hotline at 637-3984 or www.generationcool.biz.

For a video on recycling agricultural plastic go to:

http://www.youtube.com/watch?v=i4wYB20HhHs&feature.related

A Georgia convict who fled parole in his home state, fled from police when they tried to arrest him in Batavia, attempted to strangle a fellow inmate in the Genesee County Jail and was accused of conspiracy to commit murder will serve a maximum eight-year prison term, Judge Robert C. Noonan ruled today.

Derick Barker, 26, previously pled guilty to possession of a controlled substance and strangulation, and both convictions carried a maximum sentence of four years in prison.

Noonan ruled the sentences would be served consecutively.

Barker came to Batavia in May 2011 with his brother Justin, a Batavia resident.

The two men were found in a hotel room in June where drugs were present. When Derick learned he was about to be arrested, he fled across the Thruway, which led to a State Police helicopter search of the area.

While in jail on the charges, Derick was accused of plotting a murder-for-hire scheme with his brother.

Justin eventually entered a guilty plea on that charge, but as part of a plea bargain, the conspiracy charge against Derick was dropped.

Assistant District Attorney Will Zickl, in asking for a lengthy prison term for Derick, noted Barker's previous criminal record and his propensity for violence.

Attorney Thomas Burns said his client acknowledged his mistakes and that while a probation report noted some anger issues, he said Barker never displayed anger during their meetings, although the news Burns had to deliver was rarely good.

"I never encountered anything but complete kindness," Burns said. "He's been as polite as a client can be. Derick has many fine attributes and a nice personality when he wants to put it to work."

Burns said Barker -- who has spent a decade in and out of the legal system -- didn't have a stable childhood and missed out on educational opportunities.

When asked to speak, Barker said, "Mr. Burns said it better than I could say it. I apologize for taking up so much of the court's time for my mistakes. There's nothing I could say but I apologize."

Noonan said given Barker's record and the seriousness of the charges, he thought the maximum sentence was appropriate.

"The deal you negotiated is the best deal you're going to get," Noonan said.

I ended up taking an unplanned drive this morning, straying further then intended, and then when heading back toward the city, I spotted our outdoor columnist Jim Nigro by the side of the road, with his camera in hand. I stopped to say hello and he invited me to join him at one of his favorite locations for a little nature photography.