batavia

After a City Council meeting where City Manager Jason Molino outlined his recommendations for city oversight of the Business Improvement District, the BID's Executive Director Laurie Oltramari told reporters that the BID is almost out of money because the city hasn't turned over the funds it is contractually obligated to release by May 1.

"Even though we're trying to be friendly, we feel like our funds are being held hostage," Oltramari said.

Reached later in the night, Molino said the only hold up with releasing the funds is a lack of a properly amended budget from BID that complies with the state's General Municipal Law.

"The city fully understands they need those funds to operate and will release those funds once the BID budget can be amended," Molino said. "Once compliance is achieved with the law and the budget is properly amended, then we will release those funds."

Oltramari said the BID can operate for about one more month with current reserves. If funds from the city aren't received by then, it would need to suspend operations until the money is released.

Earlier this year, Molino notified the BID that over the past several years the city's assessment of downtown properties to provide funding to the BID has not been in compliance with the law. Molino said he had previously brought this issue to the attention of the BID before Oltramari became director, and it was never addressed. This year, he's holding up the funds until the budget reflects the law's restrictions.

The law limits the BID assessment from exceeding 20 percent of the total levy for the properties in the district, plus an additional amount for repayment of bonds secured to pay for public improvements in the BID zone.  

There was a bond issued in 1999 for public improvements, such as new street lighting, and as those bonds have been paid off, the annual debt expense for the BID has decreased, but through all that time, the assessment hasn't been reduced to reflect the lower debt payments.

As a result, the BID has a capital improvement account with $216,000.

It would be logistically difficult to return those funds to downtown property owners since the amounts vary annually and many properties have changed hands over the years.

Molino is proposing that the $216,000 be held until the BID's next capital improvement project, which raises another point of contention for Oltramari.

Molino is proposing such a plan be developed with consultants and city officials. Oltramari said the BID should lead any effort to identify and plan for capital improvements using those funds since they were raised on behalf of the BID.

Since 2005, the BID has been receiving a flat $120,000 from the city for debt repayment and operational costs, which Oltramari admits she always found strange because it was always the same without any variance for a cost of living adjustments.

"We have gone above it (the GML limit) in order to continue operations because property values are so low in Batavia," Oltramari said.

Under the terms of the GML, the BID's budget for this year is being reduced to $55,000 for operations and $15,000 for debt service, which is the last debt payment from the 1999 bonds. 

That's a severe cut in operational expenses, Oltramari said. In addition to canceling Summer in the City, Oltramari doubts she will be able to keep her assistant on payroll and the BID is looking for new, lower-cost office space downtown.

The current office is on the second floor of the Masonic Temple building at Main and Center streets.

Molino's recommendations provided to the City Council last night include:

• Ensuring the BID amends its budget to comply with the General Municipal Law;
• Identify commingled funds that need to be separated from the BID account, which includes capital improvement funds, operational funds and money generated by BID events;
• Ensure the City Council adopts the proper local laws each year for governance of the BID;
• As part of the local law amendments, require that the BID's board of directors comply with the state's open meetings law and freedom of information law;
• Require the BID to update its district plan in cooperation with residents, businesses within the BID and the city to ensure future budgets and excess capital funds are used in a manner that best represent the business and property owners needs to achieve the organizational mission.

Oltramari thinks there is some overreach by the city in these recommendations.

First, BID board meetings are open to the public, though they're not announced on the BID's Web site, Oltramari said, and approved budgets are available to the public.

The district plan is essentially a business plan and Oltramari contends that's entirely the purview of the BID's board.

"The role of the city is to figure out the assessment and what the BID gets and to assign people to our board, that's about it," Oltramari said. "From there, it is our money to spend, and if we spend it wrong, then it's up to the state comptroller say, 'slap on the hand to you.' "

Press release:

Genesee County STOP-DWI Coordinator Matt Landers has announced that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving. The statewide STOP-DWI Crackdown efforts start on Friday, May 27^th and will end on Tuesday, May 31^st.

Memorial Day week is historically a deadly period for impaired driving. Memorial Day weekend is the traditional beginning of summer. In addition there will be thousands of parties and barbeques to celebrate graduations, proms, communions, confirmations and the fact that the better weather has arrived. This combination of factors equates to more people on the road in general and more people specifically driving impaired with 13 percent more fatalities than on a non-holiday weekend.

The New York State Police, County Sheriff and municipal law enforcement agencies will collaborate across the state and will be out in force in this coordinated effort to reduce the number of alcohol related injuries and deaths during this period.

“Memorial Day marks the beginning of the summer season. Traffic will increase making it more important than ever to drive defensively. The Genesee County Sheriff’s Office will have extra patrols out to help keep the roads safe for all travelers” said Undersheriff William Sheron. “The City of Batavia Police Department will be out aggressively enforcing DWI laws over the Memorial Day Week in an effort to ensure that all have a safe and happy holiday week. Make sure to have a plan to get home safely and ensure that all in your party do the same.”

The Memorial Day Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the STOP-DWI Foundation with a grant from the Governor’s Traffic Safety Committee. The Statewide STOP-DWI Crackdown Campaign also targets 4^th of July and Labor Day Weekend, Halloween and the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

City firefighters were out at about 8:30 last night training with the new truck that will become Ladder 15 early next month and with all the lights on, it was a great chance to get some pictures of what it looks like at night.

After violating her one-year interim probation twice, Osterhout Avenue's most infamous denizen, Suzanne Corona, was back in Genesee County Court today for a bail review.

Her attorney, Brian Degnan, brought a freshly minted certificate of completion for a 28-day stint in an inpatient recovery facility for substance abusers, which was ordered by the court last month after Corona's second violation -- both for using alcohol.

On April 13, she admitted to Acting Judge Michael F. Pietruszka that she laced her coffee with the almond-flavored Italian liqueur Amaretto. With the admission, Pietruszka allowed her to continue serving probation without any additional penalty.

But a week later, she tested postive for alcohol again and was sent to jail for the weekend (mug shot at right). On April 25, she was back in court wearing a bright orange jailhouse jumpsuit. Degnan said a bed in a recovery facility was available immediately and the judge released her to their custody for a month after signing a court order for the medical care.

Despite the certificate for completing rehab as required, it was determined that she had violated the terms of her release under supervision, as set forth last year when she admitted selling $60 worth of suboxone to an undercover drug task force agent. (She pled guilty to attempted fifth-degree criminal sale of a controlled substance, a felony. By doing so, she avoided serving up to one and a half years in prison and got one year of post-release supervision and probation instead...until now...)

She is to be sentenced in Genesee County Court at 1:30 p.m. on Thursday, July 14. 

This week, city firefighters will be training in Batavia's new ladder truck.

Representatives of E-One, the company that delivered the truck, will be on hand to train firefighters on all aspects of the truck's operations and equipment.

"As with any new piece of equipment detailed and repetitive training is required to develop the 'muscle memory'that enables the CBFD to perform in a proficient and expeditious manner under emergency conditions," said Capt. Robert Fix.

As part of the training, crews will set the truck up at various locations throughout the city over the next week. At times, this may cause some roadway lane restrictions as well as minor inconveniences near mid-rise and high-rise buildings, Fix said.

The new truck is expected to be in service by June 1.

(Yes, I was given a ride all the way up the 100-foot ladder.)

Julia K. Hahn, 18, of Lyman Road, Bergen, is charged with public lewdness. She was arrested at 3:54 p.m. on May 19 after she was allegedly found by police to be engaged in sexual activity with another individual in DeWitt Recreation Area on Cedar Street in the City of Batavia. She was issued an appearance ticket for 1 p.m. on May 31 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Robert V. Wasinger, 18, of Delevan Elton Road, Delevan, is charged with public lewdness. He was arrested at 3:54 p.m. on May 19 after he was allegedly found by police to be engaged in sexual activity with another individual in DeWitt Recreation Area on Cedar Street in the City of Batavia. He was issued an appearance ticket for 1 p.m. on May 31 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Britanny B. Cina, 27, of Ross Street, Batavia, is charged with DWI -- common law, and DWI per se. At 1:56 a.m. on May 21, Batavia police responded to the 7-Eleven store on East Main Street for the report of multiple subjects fighting in the parking lot. Upon further investigation, Cina was arrested after it was learned that she allegedly drove a motor vehicle to the convenience store in an intoxicated condition. She was arrested and processed at BPD headquarters where a chemical test was administered, and allegedly it found her BAC to be over the legal limit. She was issued traffic tickets and her City Court date is set for June 1. The case was handled by Batavia Police Officer Arick Perkins, assisted by Police Chief Shawn Heubusch.

Alexander J. Jasinski, 22, of Godfreys Pond, Bergen, is charged with: driving with a BAC of more than .18 percent; DWI; third-degree aggravated unlicensed operation; failure to stop at a stop sign; and moving from lane unsafely. At 9:52 p.m. on May 21, Jasinski was allegedly involved in an accident at the intersection of West Avenue and Weatherwax Road in the Town of Elba. He was westbound on West Avenue when he allegedly failed to stop at the stop sign and his pickup truck went through the intersection and struck a 15-by-15 foot building, a fence and a parked car before coming to rest. The case was handled by Sheriff's Sgt. Ronald Meides, assisted by Deputy Eric Meyer.

Byron Gilbert Keller, 21, of Sumner Road, Darien, is charged with: driving with a BAC of more than .08 percent; driving while intoxicated; unlawful possession of marijuana; and failure to keep right. At 4:59 p.m. on May 21, following a report of a motor-vehicle accident at 9864 Alexander Road in the Town of Alexander, Keller was arrested and charged as noted above. Keller is to appear in Town of Alexander on June 14.

Nikki L. Stonebraker, 27, of Liberty Street, Batavia, is charged with unlawful possession of marijuana. Stonebraker was arrested following an investigation into an alleged distrubance on Liberty Street at 9:21 a.m. on May 19. The defendant was issued an appearance ticket for this afternoon in City Court. The case was handled by Batavia Police Officer Jason Davis, assisted byn Officer Kevin DeFelice. At the same incident, she was also charged with endangering the welfare of a child following a physical domestic incident with her former boyfriend which was allegedly witnessed by her children. For that case, she was released under supervision of Genesee Justice and is to be in City Court to answer the charge at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer DeFelice.

Christopher T. Sprague, 22, of 36 Dellinger Ave., Batavia, is charged with second-degree criminal use of drug paraphernalia. He was arrested at 5:55 p.m. on May 12 after NYS Parole checked his residence and allegedly found drug packaging material inside. He was issued an appearance ticket for City Court on June 14. The case was handled by Batavia Police Officer Christopher Lindsay.

Selina Sarai Tapia, 20, of State Street, Holley, is charged with unlawful possession of marijuana. She was arrested following a traffic stop at 4:20 p.m. on May 16 on Alleghany Road in Alabama during which time was allegedly found to be in possession of marijuana. She was issued an appearance ticket for Town of Alabama Court on June 21. The case was handled by Sheriff's Deputy Michael Lute.

Rather than a typical Monday night meeting, the Batavia City Council is holding its conference meeting tonight, Tuesday night, and discussions are expected to include what to do about deer, what to do with funds previously earmarked for Vibrant Batavia, what happened with funding for the Business Improvement District.

The city's deer population has been a point of discussion with the council before, and after researching the issue, City Manager Jason Molino is asking the council for direction on what to do next, how much city staff time should be spent on the issue and what approach might the city take on the topic. Council members received, as part of their agenda packet, a 50-page pamphlet on community-based deer management. There are several approaches the city could take, Molino said in his memo to council, and the best approach depends on the situation in the community and what community members will accept as an appropriate response. "There is no right answer," the memo says, based on the recommendations of the pamphlet authors.

Councilman Adam Tabelski requested an item on tonight's agenda regarding the disposition of funds previously earmarked for Vibrant Batavia, which the council decided to defund at its last meeting.  That creates a pool of $97,000 in unallocated funds. Tabelski is suggesting the money be used for the as-yet unfunded Batavia Pathway to Prosperity Capital and Reinvestment Fund. New PILOT agreements with property developers is supposed to generate funds for that program, which is intended to help mitigate clean-up of brownfield sites in the city. That creates a bit of a chicken and egg problem, because funds are needed to clean up brownfields and there's no money in the fund. "Kickstarting the BP2 fund with a significant amount of seed money will help turn an innovative approach to target economic development into reality," Tabelski wrote in his memo.

The council will also discuss changes in the funding formula for the Business Improvement District. The reduction in funding for the BID prompted its board of directors to cancel Summer in the City.

The City Council meets at 7 p.m. in City Hall.

City fire is responding to a report of possible power lines down at Ross Street and North Street, Batavia.

The roadway is partially blocked.

No arcing or sparking reported.

Students in the sixth, seventh and eighth grades of the Saint Joseph School in Batavia, all members of the National Junior Honor Society, collected useful items and monetary contributions for the PAWS Animal Shelter in Albion over the course of two weeks. All SJS students and their families donated pet items, pet food, cleaning supplies, and money to the fundraiser. Friday, the NJHS members delivered more than 300 items and $150 to PAWS.

Info and photo submitted by Alicia Palmer.

Press release:

As we watch our favorite films, it is often the music that brings to life what we see on the screen. A soundtrack can tug at your heartstrings, incite a fit of giggles, bring tears to your eyes, or put you on the edge of your seat. Ric Jones, musical director of the Genesee Chorale, has created a performance that takes those moments off the screen and brings them to a live audience.

The Genesee Chorale invites the community to "Meet Me at the Movies"! This performance will feature a multimedia presentation of movie clips followed by a live performance of featured songs by individual singers, small ensembles, and the entire 60-member Genesee Chorale.

Song selections will come from some of your favorite movies, including "Grease," "The Bodyguard," "O Brother, Where Art Thou?," and many more. This performance will also feature the Genesee Children’s Chorus, directed by founder Heather Lovelace. The Children’s Chorus will be performing songs from "The Sound of Music" and Disney Pixar’s "Brave."

“The last time the Chorale performed 'Meet Me at the Movies!' the event sold out,” Jones said. “The community’s response was overwhelming and we have so much great music to choose from in films, we couldn’t resist doing a second performance!”

This exciting event will take place at 4 p.m. on Sunday, June 5, at Northgate Free Methodist Church, North Campus. It is located at 8160 Bank Street Road in Batavia.

Refreshments will be available for purchase by concertgoers at the concession stand. Presale tickets cost $8 and can be purchased from any Chorale member or online at www.geneseechorale.com. Tickets will also be available at the door for $10.

Members of the Batavia City Firefighters from IAFF Local 896 will fan out across the streets with boots in hand for this year’s drive on Friday, June 3rd.

Batavia’s Fill the Boot drive is organized by firefighter Chris Morasco. 

“In 2015, our members with the generous help of the community were able to raise $7,523 for the MDA! We are going to try our best to top the $10,000 mark for this great cause," Morasco said.

The event is from 8 a.m. to 1:30 p.m. on Main Street and Court Street and at Ellicott Street and Court Street.

Pictured with city firefighters are Patti Arroyo and her daughter Zoey.

They are a local family that has been touched by the MDA directly. They met with firefighters to explain how the MDA has helped them. 

"It was a great opportunity to put a face to the cause and see that our efforts are truly making a difference and changing lives," Morasco said.

James "Jim" Fullington, better known by his professional wrestling ring name, "The Sandman," hams it up with Bill Hume, owner of Foxprowl on Ellicott Street, Batavia, during a visit to the store, where he met with fans yesterday.

It was a long journey for James and Jessica Maskell and their two young children, Bailey and Sophie, to finally get to the day where they could move into their new home on Pearl Street.

The journey started long before the Maskells even knew they would get a home through Habitat for Humanity, when City Manager Jason Molino guided Habitat's Jessica Maguire-Tomidy and P.J. Riner through the house and Riner argued against Habitat taking on the project. 

The house was such a mess, but according to Riner's account, Molino pressed the issue and Maguire-Tomidy agreed they should give it a try.

"The city is instrumental in its vision in developing these homes and these neighborhoods," Riner said. "Jason has brought that vision to fruition here in this home. He walked us through and I said, 'no.' I think it was the first time I ever said no to a house. This house looked terrible, but after we got started on this house, we found there was much here to be saved."

He said the house has a great floor plan, had a solid structure and turned out to be worth saving.

"I actually like doing these rehabs more than the new builds," he said. "These houses have more character and more space."

The long journey included hundreds of hours of volunteer labor from people throughout the community and students from RIT and thousands of dollars in donated material from area businesses.

"We after week, they show up when it's raining, it's snowing, it's cold, it's hot and they do the hard and very important work of building the actual house," Maguire-Tomidy said.

James Maskell said he and his wife were so grateful to all the volunteers and the donors that made their new home possible.  

"We really didn't expect this to happen," Maskell said. "When we first signed up, we thought, why not give it a chance, and now, here we are."

Like all new Habitat homeowners, James and Jessica also pitched in on the rehab effort as their down payment on their mortgage.

"When we hand over a project like this that's complete, we feel like we've made a difference not only the in lives of the family but in the community we live in, Maguire-Tomidy said.

Somebody vandalized and stole items from a growing community memorial at 8157 State Street Road, Batavia, the site of Friday's fire that claimed the lives of 2-year-old twins Michael J. Gard and Micah G. Gard.

The Sheriff's Office is investigating the crime and are asking for the public's assistance in identifying the perpetrator.

Stolen were a decorative fire extinguisher, a teddy bear and a white cross, approximately two feet high.

The cross and teddy bear were placed there Saturday by Richard Frazier, who said the cross had been a temporary marker on his grandmother's grave and the teddy bear had belonged to his grandmother.

Other memorial items were located strewn along the shoulder of State Street Road, indicating the person or persons responsible for the theft departed on foot south, toward the City of Batavia.

There was a memorial service at the site last night and the theft was discovered this morning.

Anyone with information should contact the Sheriff's Office at (585) 343-5000.

UPDATE 2:45 p.m.: The Sheriff's Office released the following statement:

The family reports that the cross and teddy bear have been returned to the memorial. They were taken by another family member to add some additional decoration and were not, in fact, stolen. The affected family is satisfied with these circumstances and consider the matter resolved, and is grateful for the assistance of the public in this matter.

Previously:

• Working house fire reported on State Street Road
• Two small children die in house fire on State Street Road, Batavia
• Investigation continues into the death of two little boys in house fire
• Children in State Street Road fire died of smoke inhalation, believed home alone at time

The top seed in Class A2, the Batavia Blue Devils, bested 8 seed Geneva Panthers at Dwyer Stadium for the section V quarterfinal matchup Friday afternoon. 

Greg Mruczek pitched the first couple innings. Geneva made some key hits and took control early after two innings leading 2-1.

Trevor Sherwood pitched the next three innings as the game remained the same. Senior Alex Canty hit a triple in the third inning to get within scoring range. Geneva held strong and Batavia could not get a break.

Batavia pitcher Alex Jones came in the last two innings to hold off Geneva from scoring. The score was set at 2-1 score until the bottom of the seventh inning, senior Steven Stefaniak got a base hit to lead off  senior Tyler Hale, who was up next and hit a triple to bring Stefaniak in for Batavia to tie the game 2-2.

Geneva was in trouble with one out, took a timeout to plan their strategy with two heavy hitters, Senior Alex Canty and Junior Jerry Reinhart up next.  Geneva intentionally walked them both Alex to 2nd base, Jerry to 1st, bases loaded.

Batavia called timeout, Tyler’s twin brother Senior Jake Hale was at the plate. 

"I have been playing baseball my whole life and told my brother to get the ball to the left side and knew he would come through," Tyler said.  "It may not have been a hard hit ball but it got in play and scored the run."

Jake Hale hit a grounder to the left of home plate, dug in the dirt bounced in the air. Tyler made a run to home plate, the pitcher came in grabbed the ball, bobbled it, lost his grip and went in the air. He slid into home plate and Batavia won 3-2.

Jake Hales thoughts before taking the plate: "I went up there just to play baseball, waiting for my pitch to hit and swung and missed at one, took one that was low in the dirt. I found the one but barely got a piece of it and then ended up bringing Tyler in. I ran to first as fast as I could hoping I would not get out, but then when I heard the cheers I knew my brother made the run and we won the game, then excitement took over."

Batavia plays 4 seed Wayne at Hilton High School, Tuesday at 4:30 p.m.

For more photos go to: Steve Ognibene Photography

An autopsy conducted this morning on the twin 2-year-olds who died last night in a fire at 8157 State Street Road, Batavia, indicate the boys died of smoke inhalation.

The Sheriff's Office also announced investigators believe the children were home alone at the time.

Last night witnesses, including the landlord, said the mother is believed to have left the house to go to the store for milk.

The boys are identified as Michael J. Gard and Micah G. Gard. The name of the mother has not been released.

The fire was reported at 9:59 p.m. when a resident of the upstairs apartment returned home and saw smoke and flames coming from the rear of the structure.

The boys were in a first-floor bedroom at the back of the house.

The Sheriff's Office said deputies were the first on scene but were unable to enter the structure because of heat and flames.

Firefighters arrived soon afternoon, knocked back the fire quickly, and located the boys, who were already deceased. 

The cause of the fire has not been determined and the investigation is ongoing.

The investigation is being conducted by the Office of Emergency Management, Town of Batavia Fire Department and the Sheriff's Office.

The Sheriff's Office reports that more information will be released as it becomes available.

Previously:

• Working house fire reported on State Street Road
• Two small children die in house fire on State Street Road, Batavia
• Investigation continues into the death of two little boys in house fire

Madalyn Ryan Muntz, 30, of Central Avenue, Batavia, is charged with making a punishable false written statement. The defendant was charged following an investigation in the Town of Stafford at 9:47 a.m. on May 10 wherein she allegedly provided the GC Sheriff's Office with a false statement regarding a larceny she claimed had occurred. She was issued an appearance ticket returnable to Stafford Town Court on June 9. The investigation was conducted by Sheriff's Deputy Christopher Parker, Deputy Chad Cummings, and Investigator Bradley Mazur.

Terry Michael Roth, 41, of Bank Street, Batavia, is charged with petit larceny. Roth was arrested at 7:26 p.m. on May 18 following a report of shoplifting in progress at a store on Veterans Memorial Drive. Roth was issued an appearance ticket for Town of Batavia Court on May 23. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by a NYS Trooper.

A 17-year-old from Oakfield was arrested following an investigation into a larceny at Walmart which occurred at 7:42 p.m. on May 7. The youth was issued an appearance ticket for Town of Batavia Court on May 23. The case was handled by Sheriff's Deputy Ryan DeLong.

Richard Frazier places a cross with a bear and flowers next to a tree outside 8157 State Street Road, Batavia, where two little boys died in a fire last night.

Frazier, who has a 4-year-old daughter himself, doesn't know the family but said he was heartbroken by the tragedy.

"As a parent, I could not imagine what it would be like if something like this happened to my child," Frazier said. "It's just insane to think that we just live life every day, taking life for granted and at any point, it can all be done."

Investigators were on scene last night until nearly 4 a.m. and then went home to get some much-needed rest and to be able to return in the daylight. They started arriving again about noon. It will likely be several hours before their work is complete. Until this phase of the investigation is done, we're not likely to hear more about the potential cause of the fire and other circumstances surrounding last night's events.

The names of the children or mother have not yet been officially released.

UPDATE 3:40 p.m.: Investigators have less than an hours work to do, but sources on scene say it is unlikely there will be any announcement today about the cause.  There is more work to do away from the scene and that could take a couple of days.  There should be a press release coming out this afternoon from the Sheriff's Office that will contain names.

UPDATE: Press release from the American Red Cross:

Volunteers from the American Red Cross responded to a fire on State Street Road in Batavia early Saturday morning, providing immediate emergency assistance for two adults and two children. Red Cross assistance typically includes vouchers for temporary housing, food and clothing as needed, and Disaster Mental Health volunteers are available to help with the emotional aspect of disaster. Those affected will meet with caseworkers in the coming days to work on a longer-term recovery plan.

Disaster Action Team (DAT) volunteers Suzanne Kowalcyk and James McMoil responded to the scene of this fire. The Red Cross would like to express its sympathies to everyone affected by this tragedy.

Two young children died in a house fire at 8157 State Street Road, Batavia, late Friday night, at a time when their mother was not home.

It's unclear if any adults were in the apartment at the time of the fire, said Chief Deputy Jerome Brewster, Sheriff's Office, which is leading the investigation into the fire.

The cause has yet to be determined, but it started in the bottom apartment in the back of the residence.

The bodies of the children, both age 2, were found in that same location.

Brewster said he couldn't say for sure if the mother left the children with an adult to supervise them, or if she left them alone while she went to the store.

"I don't know and we're going to get to the bottom of that," Brewster said. "That's why we're going to talk with the mother."

The mother was in no condition to be interviewed tonight, Brewster said.

The fire was reported just before 10 p.m. when the upstairs resident returned home and spotted the fire. He called 9-1-1.

Town of Batavia arrived on scene quickly and fire chiefs were told there was a possibility of people trapped in the residence, so Deputy Chief Dan Coffey said he quickly sounded a second alarm.

The back of the house was fully involved at that point. The first firefighters on scene made entry and located the deceased children.

Asked if the evidence was pointing toward a fire deliberately set or accidental, Brewster said investigators are leaning toward accidental.

"That's why we have fire service here, to investigate that," Brewster said. "Right now, I'm not sure. It doesn't look like anything other than that -- accidental -- that's why they are here and that's what their job is. They will go through and make a thorough investigation."

About 10 minutes after firefighters arrived on the scene, two women ran up to the house and had to be restrained as they tried to enter it. Over the course of the next half hour, more people arrived who seemed to be friends or family members and there were women wailing and yelling. Troopers, deputies and Batavia PD officers did their best to assist them.

The two apartments were occupied by members of the same family, and members of that family also lived in a neighboring house. At one point, neighbors thought three children died in the fire, but that third child was in the neighboring house, according to landlord Joe Burke.

"It's my understanding that the mother went out to get milk for her little kids," Burke said.

Yellow tape was put around the scene at one point during the night and criminal investigators were called in once the fire was out and entry was safe for them.

But both Coffey and Brewster said the appearance of a criminal investigation doesn't necessarily mean a crime is suspected.

"It's a crime scene until proven otherwise," Coffey said, who besides being a volunteer firefighter is a Batavia police officer. "Obviously, we have two fatalities, so we're erring on the side of cause. We're treating it as a crime until proven different, but that's not indicative of any sort of information that we know at this point. It is how we would normally handle a call like this."

The location is the same as a reported hit-and-run accident April 1 in which resident Brian Ace suffered injuries and had to be taken by Mercy Flight to an area hospital. Ace declined to press charges in that case.

Investigators, at this point, don't seem to believe there is any connection between that incident and the fire.

There were no fatal fires in the Town of Batavia Fire District from 2008 until this year. This is the second fatal fire for Town volunteers in less than a month. On April 30, a fire at a residence on Oak Orchard Road claimed the life of Roger Saile, age 90.

"Obviously, it's been a tough stretch for us," Coffey said. "This one, obviously, is going to hurt. Just two weeks ago, three weeks ago, we also had that other one, so we're going ot make sure that we take care of our members, but it's going to be a difficult time for us."

Police are looking for a vehicle, possibly a blue Honda, that fled the scene of a reported fight at 7-Eleven on East Main Street as soon as police arrived.

There may also be subjects who might have been involved walking on Elm Street.

The initial report was of five people fighting at the 7-Eleven.