batavia

A Spring Ghost Tour is planned at the historic Batavia Cemetery tommorow.

It will highlight "some of the finest ladies who ever graced the community."

The guided ghost walk costs $10 and includes iced tea and cookies. Tickets are available at the cemetery gate, located on Harvester Avenue, on the day of the event -- June 4.

Tours begin at 2 p.m. and run every 15 minutes. The last tour begins at 4.

All proceeds benefit the cemetery.

For more information, call the history department at 344-2550, ext. 2613.

Three Batavia Nursing home employees have contacted The Batavian today to report that once again, they're not getting their paychecks as scheduled.

A fourth, unidentified employee, showed up at the facility around 12:30 p.m. and was allegedly drunk and disorderly. Batavia police were called, but did not make an arrest, telling the obviously drunk older gentleman to move along.

A police officer confirmed the man was upset about not getting paid today.  

Meanwhile, the home's owner, Marc Korn, was in a Buffalo Federal Court yesterday to answer to fraud charges, but his case was continued because he did not have an attorney. The judge gave him until June 14 to hire an attorney.

Korn, who owns two nursing homes and a house in East Amherst, according to WIVB, may not be able to afford an attorney and may require court-appointed counsel. 

Two weeks ago, employees received checks, according to sources, but were told not to cash them until the following Thursday. This past Friday, employees were not paid, according to sources, but received their checks on Wednesday.

State health officials have been unwilling to confirm with The Batavian that the nursing home may be taken over by the state, but WIVB reports that they've been told that is the case.

A spokesman for the health department said the state is dealing with several issues at the facility.

Inset photo, Mark Korn, courtesy WIVB.

A new group of international students from GCC were getting the grand tour of Batavia today, and I happened across them at Main and Center streets.

Photo shows the ice skating rink on Vine Street before the current John Kennedy elementary school was built. The old stone building can be seen on the left side of the photo. If anyone else has any other photos of the ice rink, please post them. Also, please post any photos of the old Nu Lake swimming area on the corner of Wortendyke Road and South Main Street Road.

This black crow is sitting on a fence on Maple Street near Jackson Street, Batavia. It's been sitting there all day, according to a neighbor.

I was able to walk up close enough that I could have touched it if I wanted. I shot this with a short focal length lens, no zoom, which gives you some idea how close I got to it.

Its eyes are bright and alert, so I'm not thinking illness, but it's also not normal. So what does one do about a sick or injured crow?

Here's a press release from the Batavia Concert Band.

The Batavia Concert Band’s 87th season of music-making and free public concerts begins June 22 in Batavia’s Centennial Park. Additional concerts and parades will feature the band at other locations and times including Batavia’s popular July 4 Picnic in the Park.

The Batavia Concert Band’s repertoire is wide-ranging in origin, period and style: marches, Big Band and swing numbers, popular songs from musicals and movies, classical adaptations, rock favorites arranged for band, fun songs for kids of all ages … and everything in between.

The band consists of about 50 brass, woodwind and percussion players ranging from talented local high school students to 60-year veterans. Many have professional experience; the rest are advanced amateur musicians. All love to play.

The conductor’s podium will be shared by veterans Phil Briatico, Wayne Burlison, Jane Haggett, Brad Meholick and Josh Pacino. Derek Reiss and Dizzy will again (tentatively) cap this year’s Concerts in the Park on Aug. 10, as a benefit fundraiser for the Batavia Concert Band.

Founded in the early 1920s, the Batavia Concert Band has brought musical pleasure to the region every year except during World War II. The band currently enjoys financial support from GO-ART!, concert sponsors, program advertisers, and individual patrons. The band also sponsors a “Sample of Western New York” gift certificate raffle from selected area restaurants and retailers, 50-50 raffles at every concert, bake sales and other low-key fundraisers.

Downbeat for regular season concerts is 7 Wednesday evenings in Centennial Park*, except a July 6 performance at the VA Medical Center, in honor of our veterans. (* In the event of rain, concerts will move to Genesee Community College’s Stuart Steiner Theater. Notices will be posted at the northwest corner of Centennial Park and announced on WBTA.)

All concerts are free. Light refreshments are usually available. Bring the family, some friends, lawn chairs or a blanket… and enjoy!

Pictured: Derick Barker, Justin Barker, Benjamin Santiago

Three people who allegedly refused to leave a Batavia hotel room Wednesday afternoon, including one who fled from police leading to a multi-agency manhunt, are in jail without bail following an investigation that allegedly uncovered drugs and drug paraphernalia.

Arrested were Justin Z. Barker, 22, and Benjamin Santiago Jr., 22, both of North Lyon Street, Batavia, and Derick Wayne Barker, 25, of Tera Boulevard, Jonesboro, Ga.

Derick Barker is the suspect accused of fleeing from Officer Dan Coffey, running across the Thruway and trying to hide in a farm field shortly before 1 p.m.  

While Coffey stayed with Justin Barker and Santiago to ensure they stayed in custody, he reportedly observed Derick Barker run to a Dodge Durango, grab something out of it, and run toward the Thruway toll booths.

Additional Batavia police officers along with Sheriff's deputies and state troopers descended on the area and Derick Barker was allegedly observed running into the field. 

A State Police helicopter was called in, which helped flush Barker out of hiding and he was immediately taken into custody.

Police officers on scene were concerned that Barker had grabbed a gun from the Durango and a search was conducted of the field for the possible weapon. The Sheriff's Office press release makes no mention of a weapon being found.

Derick Barker allegedly ran while Coffey conducted a wants and warrants check, which uncovered a violation of probation warrant out of Georgia.

Stemming from Wednesday's incident, Barker was charged with obstructing governmental administration.

Justin Barker was wanted on a warrant out of the Town of Oakfield Court for alleged criminal contempt.

While in the hotel room at Days Inn with Justin Barker and Santiago, Coffey allegedly observed a small glassine baggie on the floor that appeared to contain a controlled substance.

Members of the Local Drug Enforcement Task Force responded to the scene and conducted a search and further investigation.

Derick Barker was charged with one count of criminal trespass, two counts of criminal possession of a controlled substance, 3rd, and one count of criminally using drug paraphernalia.

Justin Barker was charged with one count of criminal trespass, two counts of criminal possession of a controlled substance, 3rd, and one count of criminally using drug paraphernalia.

Benjamin Santiago was charged with one count of criminal trespass, two counts of criminal possession of a controlled substance, 3rd, one count of criminally using drug paraphernalia and one count of unlawful possession of marijuana.

A combined law enforcement task force conducted a sweep in the City of Batavia on May 19 looking for subjects wanted on warrants and to check for possible parole and probation violations.

In all, four people were arrested and six people were allegedly found in violation of probation restrictions.

The sweep, conducted by the Neighborhood Enforcement Team Detail, was part of the city's strategic plan for public safety, according to Chief Randy Baker.

Participating in the task force were officers and detectives of the Batavia Police Department, members of the Sheriff's Office, city code enforcement officers, City fire personnel, members of the District Attorney's Office, Local Drug Task Force detectives and the Department of Social Services.

One person was arrested for allegedly selling marijuana on Jackson Street.

Two people people were arrested on felony warrants.

One parolee was arrested for allegedly possessing a controlled substance and driving without a license.

The names of those arrested have not been released.

In all, 42 probation contacts were made. Four people were found allegedly in violation of curfew. Two individuals were allegedly found in possession of knives, ammunition, marijuana and K2 synthetic marijuana.

Parole officers checked six locations for parolees and searched three residences.

Baker said there will be additional sweeps by the task force in order to address neighborhood issues.

A car accident with injuries has been reported on Lewiston Road near the Thruway bridge.

A pole has been hit and wires are down.

Town of Batavia Fire and Mercy EMS responding.

UPDATE 8:10 a.m.: Oakfield fire police requested to Batavia Oakfield Townline Road to shut down traffic. Northbound traffic is also closed and a trooper will close traffic at Route 63 and Galloway Road.

It's possible Verizon has conquered the sea gull problem it had on its Center Street building.

The mobile phone and internet company brought in the U.S. Fish and Wildlife Service to remove birds and eggs two weeks ago, and today, employees spread netting on the roof to discourage the return of the birds.

Meanwhile, gulls continue to menace cars and pedestrians from their roosts atop the old Latina's market building on Ellicott Street, though their numbers seem fewer than last spring and summer.

Owner Vito Gautieri said he's done everything the state Department of Environmental Conservation has told him he can do, but the gulls have not completed vacated the premises. 

"We've spent a ton of money," Gautieri said.

He said he's deployed fake owls and pelicans, installed noise makers and sends employees up to the top of the roof at least twice a week.

"Two days later they get used it (the decoys and noise) and they're back," Gautieri said.

Both Gautieri and Verizon received code violations for alleged failure to maintain their properties, according to City Manager Jason Molino.  

The owners were advised to keep the premises clean in order to comply with city code.

Local business owners say the problem was unusually acute on School Street this summer, largely because of the migration of the birds to the Verizon building. One store owner said the problem has seemed to lessen in the past two weeks.

Michael DeFelice, owner of Michael Anthony's Salon, said last summer he could safely park his car in the lot off School Street, but this summer, there has been no safe place to park.

Gautieri said the gull problem is an entire city problem and city officials need to address it as a citywide problem.

"They (the gulls) are going to continue to be a problem for all of us unless the city gets involved and the agency that protects them gets involved," Gautieri said.

Molino said it's not that simple. It's not like the city can go around cleaning up properties for landowners. The gull problem is a basic maintenance issue, he said. 

"It's like mowing your lawn," Molino said. "It's easy, but you've still got to do it."

Molino said the city hasn't had problems with gulls on City Centre for three years, since it started getting the permits necessary to take care of the problem (removing the eggs) and keeping the roof properly maintained.

As for the old Latina's building, Gautieri said he remains hopeful he could have new tenants soon. He said he's also been discussing the idea of turning the building into an office complex and recruiting firms with offices in Rochester and Buffalo to consolidate their offices in Batavia.

"That would be great for downtown," Gautieri said.

Another option for the building is to add another six or eight feet of height (which is possible because the building was originally constructed to have warehouse space on the second floor), which would make it possible to turn the second floor into apartments. If he did that, Gautieri said, he would add a steeple roof, which would keep the gulls from nesting on the roof.

With its owner facing legal problems and employees complaining about not getting paid, the New York Department of Health is aware of "issues" at the Batavia Nursing Home, but isn't giving out any information about the status of the facility.

"Our priority is the care and safety of the residents," said Jeffrey Hammond, spokesman for the department.  "We are working through several issues with the nursing home."

The state health department is the regulatory agency that overseas New York's nursing homes.

Hammond referred nearly every question The Batavian had about the home to his two-sentence his statement.

Jerry Fasano's mother is a resident at the home and he visits her daily. He said recently a representative of the Department of Health has been at the home every day. He had a chance to speak with the representative on Monday and she told him the state has begun a receivership process (take custody of the nursing home).

Asked specifically about whether receivership proceedings were under way, Hammond referred to his previous statement.

Today, employees received their paychecks that were due last Friday.  

One employee immediately cashed the check at her credit union and between the time she cashed it and got home, her home phone caller ID showed three missed calls from the credit union. She won't be able to call the credit union until tomorrow to find out what the calls were about.

Rather than deposit the check, she said, she took the cash, "because I've got bills to pay and groceries to buy." She wanted to make sure she had the money.

When the nursing home supervsor told employees today they would get paid, she said, "We were running down the halls. It was like Christmas for us."

Even so, she said, another three or four employees have quit and if paychecks are delayed this Friday, even more may walk off the job.

Fasano said he's impressed with the professionalism of the remaining staff. 

"It should also be noted that even though the staff is not being paid they are continuing to give the residents the care they need and deserve," Fasano said. "This includes all of the staff from maintenance and housekeeping to the hospital administrator.

"I feel that I can give an accurate description of the staff, in that I have come to know them all very well as I am there each and every morning to visit my mother," Fasano added.

Owner Marc Korn, who has been accused by federal authorities of fraud, visited the facility today -- entering by the back door, according to sources. He visited the home's administrator and left, saying nothing to staff.

Korn is due back in federal court tomorrow. 

The Amherst-based businessman has not returned calls nor answered emails from The Batavian seeking clarification or comment.

The Department of Health conducted an inspection of the Batavia Nursing Home in May and found 23 deficiencies, according to online records. That matches the statewide average. Hammond said as of this morning all of the deficiencies had been corrected. 

None of the deficiencies constituted actual harm or immediate jeopardy.

Here's a news release from the Batavia Muckdogs.

The Batavia Muckdogs today announced a ticket sales promotion, allowing fans the opportunity to win some great autographed sports memorabilia. Between today and June 15, fans who purchase one of four different ticket options, will be entered into a random drawing to win autographed items from past and present baseball stars!

Highlighting the promotion, any fan who purchases a season ticket between by June 15, will be entered into a drawing to win a baseball signed by former Muckdog and current Major League All-Star Ryan Howard for each seat purchased. Therefore, any fan who purchases four (4) season seats will be entered four times.

The Muckdogs are also offering chances to win other great items for fans purchasing mini-plans, coupon books and Opening Day tickets between now and June 15. Items for these ticket options are listed below:

• Mini-plan purchases (either “Best of the Best” or “Friday Fireworks” packages) will be entered to win a baseball signed by former American League MVP Vladimir Guerrero.
• Coupon book purchases (either box seats or general admission) will be entered to win a baseball signed by 2008 World Series MVP Cole Hamels.
• Fans who purchase a ticket to Opening Day, June 17th, will be entered to win a baseball signed by former Major League Baseball outfielder and manager Lou Pinella.

Fans can purchase any of these ticket options by calling the Muckdogs box office at (585) 343-5454 or by visiting in person weekdays from 9 a.m. to 5 p.m.

For more information about the promotion, fans can call the Muckdogs front office at (585) 343-5454.

The Muckdogs open the 2011 season at Dwyer Stadium on Friday, June 17 against the Auburn Doubledays. Single game tickets for the Home Opener and all 38 Muckdogs home games are currently on sale.

One of three people being questioned by a Batavia police officer at the Days Inn of Oak Street near the Thruway decided to run, leading to a multi-agency manhunt that lasted less than 30 minutes shortly before 1 p.m.

Officer Dan Coffey had been dispatched to the Days Inn to ask three guests who had overstayed their welcome to leave. While doing a wants and warrants check on the three people, one of them took off. Coffey observed the suspect run to a gray Dodge Durango parked behind the hotel and grab something from the vehicle, leading officers to worry that the suspect had grabbed a weapon.

The man, whose identity has not been released yet, then headed toward the Thruway toll booths. At some point, he fell into or ran through a body of water. He then ran across the Thruway near the Route 98 overpass and was last seen in a farm field just north of the Thruway.

By that time, back-up had arrived from the Batavia PD, Sheriff's Office and State Police.  The field was surrounded by officers and the State Police helicopter was called in.

Within minutes of the helicopter arriving, the suspect, who had been lying in the long grass of the field, stood up and tried to run again. He was immediately apprehended by police.

The other two individuals were detained at the hotel, where members of the Local Drug Enforcement Task Force responded and began conducting a further investigation.

Following the arrest, a search of the field was being conducted by State Troopers, which prompted some discussion of bringing in a weapon sniffing dog, to see what, if anything, the suspect left behind.

Chief Randy Baker said the suspect apparently is wanted in Georgia. The nature of the warrant is not available at this time.

(Initial Report)

Joseph Francis O'Shei, 36, of Stebbins Road, Franklinville, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by a combination of drugs and alcohol, inadequate lights and driving the wrong direction on a one-way street. O'Shei was stopped at 10:35 p.m. Monday in the area of 4126 Route 5, Batavia, by Deputy James Diehl.

Ronald M. Markek, 31, of Allegany Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, failure to yield right-of-way to emergency vehicle and improper right turn. Markek was stopped at 1:31 a.m. on Route 77 in Corfu by Deputy Patrick Reeves.

A manhunt is under way but we didn't catch why. A white male, wearing white, is being sought by law enforcement and he reportedly is "drenched from falling in a ditch."

He was spotted at the Thruway entrance at the end of Oak Street and was last reported in an open field on the south side of the Thruway. A State Police helicopter is going to be airborne shortly to aid in the hunt.

UPDATE 1:01 p.m.: The subject is in custody "on the Thruway."

UPDATE 1:22 p.m.: This incident started when an employee of the Days Inn called police to report that a guest failed to pay for his room. When police arrived, he ran to his vehicle and reached in for something. They thought it might be a weapon. He ran off and they pursued him. The Local Drug Enforcement Task Force is now searching the hotel property. The subject remains in custody.

A one-car accident is reported at Alva Place by JCPenney in the City of Batavia. The driver hit a curb and possibly a light pole and reportedly seems disoriented.

Medics on scene report the driver missed the driveway and hit the curb.

Firefighters are there, too.

UPDATE 3:20 p.m.: A light pole was not struck. Medics are back in service and firefighters are returning to quarters.

A person suffered smoke inhalation following a fire in an electrical box at the car wash at 13 Liberty St. in the City of Batavia.

A city fire engine and Mercy medics are on scene.

UPDATE 3:07 p.m.: National Grid is called to the scene.

UPDATE 3:09 p.m.: The fire is knocked out and they are checking for any extension of it.

UPDATE 3:12 p.m.: Mercy unit is back in service with a patient sign-off.

Photos by Frank Capuano

A vehicle that was on fire near a house at 2560 Pratt Road has exploded. The fire is believed to have spread to the structure. East Pembroke Fire Department is responding along with a tanker from the Town of Batavia.

A firefighter says a large amount of black smoke can be seen from the Indian Falls bridge.

A woman at the residence who called 9-1-1 in a panic was told to evacuate the house.

The location is between Slusser and Powers roads.

"Be advised -- it looks like it hasn't spread to the house yet, just the vehicle in the driveway," says a responder.

UPDATE 2:37 p.m.: Town of Batavia is told "to take their time coming in."

UPDATE 2:39 p.m.: The fire is under control. They are looking for hot spots. Medics are called for a person who suffered some minor burns when the fire "flashed over."

Deborah An Dixon-Thatcher, 52, of North Lyons Street, Batavia, is charged with criminal mischief, 3rd. Dixon-Thatcher is accused of breaking the windows, headlights and taillights out of her estranged husband's 1997 Nissan pickup truck while it was parked at a residence in Bergen at 1:55 a.m., Monday.

Hope Renee Conibear, 37, of Gibson Avenue, Oakfield, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right and consumption of alcohol in a motor vehicle. Conibear was reportedly involved in a motor vehicle accident April 23 on Hutton Road, Town of Oakfield. The accident was investigated by Deputy Jason Saile.

Joseph Robert Waala, 38, of North Randolph Street, Arlington, Va., is charged with criminal mischief, 4th. Waala allegedly damaged a metal fire hose box at 8250 Park Road, Batavia. He was jailed on $1,000 bail.

The following individuals were arrested and charged with trespassing for allegedly being on privately owned property at 5447 Main Road, Stafford, without permission: Ryan W. Caltagirone, 20, of Ellicott Street Road, East Bethany, Donald M. Fagan, 19, and Joshua T. Gilbert, 18, both of Ellicott Street Road, Batavia, and two 17-year-olds and three 16-year-olds, all from Batavia.

Katrina Le Brandes, 20, of South Main Street, Perry, is charged with DWI and driving with a BAC of .08 or higher. Brandes was arrested following an investigation of a reported domestic incident at 3:55 a.m. on Buckman Road, Bethany, by Deputy Jason Saile.

City firefighters have been dispatched to the parking lot of UMMC to set up a landing zone for Mercy Flight.

The nature of the medical call is not known.