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Batavia man accused of attempted assault on police officer, fleeing, DWI

By Howard B. Owens
   David Martin

A 54-year-old Batavia resident is facing an attempted assault on a police officer charge after allegedly trying to drive his vehicle away from a traffic stop while an officer's arm was inside the vehicle.

David J. Martin, of Elm Street, allegedly led law enforcement on a pursuit into Stafford, where he was stopped with the aid of spike strips.

Following arraignment on several charges, including DWI, Martin was jailed without bail.

The incident began with a traffic stop after a Le Roy PD officer observed a vehicle in the village without license plates. Martin was identified as the operator. The officer observed that it appeared Martin had been involved in some sort of altercation. During the investigation, officers came to believe Martin had been driving drunk. Martin was instructed to step out of the vehicle, which, at that point, had its engine shut off. Martin allegedly started the engine and while patrols attempted to prevent Martin from putting the vehicle in drive, Martin allegedly started driving away while an officer's arm was still in the vehicle. Martin allegedly continued on the roadway and patrols tried to get him to stop.

Charges against Martin include: attempted assault on a police officer, a Class D felony; DWI, second offense, a Class E felony; aggravated unlicensed operation in the first degree, a Class E felony; unlawful fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor; resisting arrest, a Class A misdemeanor; obstructing governmental administration in the second degree, a Class A misdemeanor; two counts of reckless driving, a misdemeanor; no distinctive plate, a violation; driver’s view obstructed, a violation; unsafe start, a violation; two counts of improper or unsafe turn/turn without signal, a violation failure to keep right, a violation; and refusal to take a breath test, a violation. Along with these charges, the Genesee County Sherriff’s Office has also charged Martin with: fleeing a police officer in motor vehicle in the third degree; speed over state limit/55 mph, a violation; and speed in zone, a violation.

Martin is scheduled to reappear in Town of Le Roy Court at 1 p.m., Nov. 19.

Grand Jury: Man indicted on two felonies, four misdemeanors stemming from DWI incident

By Billie Owens

Brodes J. Gibson is accused of the crime of aggravated unlicensed operation of a vehicle in the first degree, a Class E felony. It is alleged that on Oct. 11 in the City of Batavia, Gibson drove a 2008 Cadillac on Main Street while knowing, or having reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities. Furthermore, Gibson was allegedly under the influence or alcohol or a drug at the time. In count two, he is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license while having three or more suspensions in effect on at least three separate dates -- for failure to answer, appear or pay a fine -- and while under being under the influence. In count three, he is accused of driving while intoxicated as a misdemeanor for driving on Main Street, and the parking lots and driveways of the Batavia Gardens apartments on East Main Street, while he was under the influence. In count four, Gibson is accused of the crime of reckless driving as a misdemeanor for operating the Cadillac in a manner which "interfered with the free and proper use" of Main Street. In count five, he is accused of unlawfully fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. Knowing he had been stopped by police, he then allegedly attempted to flee by driving at speeds which equaled or exceeded 25 mph above the speed limit or engaged in reckless driving. In count six, Gibson is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to a child less than 17; one or more children were present in the courtyard vicinity of the playground at the Batavia Garden apartments at the time he allegedly drove through the courtyard area.

Colton A. Cole is accused of the crime of driving while intoxicted as a Class E felony. On June 20 in the Town of Byron, it is alleged that Cole drove a 2009 Chevrolet on Townline Road while intoxicated. In count two, he is accused of aggravated driving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time.

Nimora C. Chong is accused of the crime of grand larceny in the fourth degree, a Class E felony. It is alleged that on Sept. 25 in the Town of Batavia, Chong stole property having a value in excess of $1,000. Chong is accused of stealing $2,650.52 worth of merchandise.

Law and Order: Bank employee accused of stealing $4K from safe

By Howard B. Owens

Andre Bailey, 28, of Rochester, is charged with grand larceny, 3rd. Bailey is accused of stealing $4,000 from the bank safe at Woodforest National Bank, located inside Walmart. Bailey was employed by the bank.

Jay D. Schutt, 27, of Le Roy, is charged with DWI. Schutt was stopped by State Police on Warsaw Road, Le Roy, for allegedly speeding. At the Batavia barracks, he allegedly tested with a BAC of .16.

A 17-year-old resident of Pearl Street Road, Batavia, is charged with criminal mischief, 4th. The youth is accused of intentionally damaging the property of a family member while the person was not at home. He was jailed on $1,000 bail or $2,000 bond.

A 17-year-old resident of Route 237, Byron, is charged with forcible touching. The youth is accused of grabbing a fellow student's body parts. 

Center for veterans opens on Liberty Street, Batavia

By Howard B. Owens

Press release:

On Friday, Nov. 6th, the Veterans One-stop Center of Western New York officially opened its Batavia office. Located at 29 Liberty St., the Grand Opening and Open House gave the community an opportunity to visit the new space and meet Veterans One-stop Center of WNY staff. Stakeholders from the community were present to support the event.

“Today is a wonderful day for the Veterans community. This community has been in need of this type of organization for decades and I look forward to working with the Veterans One-Stop Center of WNY and continuing to help Veterans in the community,” said Gary Horton, member of the Veterans One-stop Center of WNY Board of Directors and former board member of the Genesee Veterans Support Network.

In July of this year, the Genesee Veterans Support Network consolidated with the Veterans One-stop Center of WNY.

“For the past year, we have been privileged to work with dedicated veterans’ advocates in Genesee and Wyoming counties to make this day possible,” said Roger L. Woodworth, president & CEO of the Veterans One-stop Center of WNY. “We look forward to continuing to work with the community to invest in our veterans, providing access to opportunities that allow veterans to continue to serve as civic assets.”

With the opening of the new Batavia office, the Veterans One-stop Center of WNY will be able to more effectively empower veterans in the region through their successful model of community impact. Veterans and military family members will have access to services that lead to economic success, housing stability, and emotional health and well being.

The Veterans One-stop Center of WNY provides local support for veterans in collaboration with existing local, regional and national resources.

Thomas Rocket Car back in Batavia where she belongs

By Howard B. Owens

Caked in decades of dust, pockmarked with dings, dimples and rust, the Thomas "Rocket Car" was tucked snuggly into Dick McClurg's garage Thursday afternoon and Ken Witt smiled like a child who just got his first bike.

"She's finally back home," he said.

Witt, like other members of the volunteer crew who helped retrieve the car from a barn in Lockport, where it's been stored since 1977, admitted he's had a few sleepless nights in anticipation of bringing the car back to Batavia.

"That has been exciting, the last couple of days, when we were getting these guys coordinated, all of us were saying, 'It's coming home,' " Witt said. "We've all been waiting to get it here."

The Thomas "Rocket Car" was designed by former Batavia resident Charles D. Thomas. He and Norman Richardson, a talented welder and body man just out of high school, built the car in a rented garage near Main and Ellicott Avenue in 1938. The design, and several innovations in the car, such as a rearview periscope and independent suspension, were dreamed up by Thomas while working on his 1935 thesis for the General Motors Institute of Technology in Flint, Mich.

Once the car was built, Thomas tried to interest any one of the Big Three in Detroit to move the car into production. But whether the automakers felt threatened, or because of the prospect of the World War, or it would have been too expensive to retool, all three companies took a pass. One Detroit executive reportedly told Thomas that his car was 10 years ahead of its time. Thomas went onto a successful career in Buffalo with the maker of the Playboy automobile, and he apparently kept the Thomas car and drove it for some time.

When the car arrived at McClurg's, Witt took an odometer reading: 96,296.

The car was acquired by a group of local antique car buffs, including Witt and Dick Moore, from Gary Alt, of Lockport.

Alt, whose antique car collection consists of a dozen Chevys from the 1930s, found the Thomas wasting away in a field in Batavia in 1977 when he drove out here with the intention of buying a 1934 parts car. When he saw the Thomas, he had no idea what it was. He'd never seen it before or heard of it, but he knew it was unique and worth saving, so he bought it and the parts car and hauled them back to his farm property near Lockport.

The car has been stored in a barn since, and Alt sort of became the car's historian. He tracked down Charles Thomas and Norm Richardson in Buffalo and interviewed them and acquired a binder full of documentation on the car. He wrote an article about the car a few years ago for an antique auto magazine, which is how Witt and Moore became aware that the car still existed.

"It's time to go to another home and let someone else enjoy it," Alt said of his decision to finally sell it.

The local group will restore it, with McClurg heading up the task at his Old World body shop on West Main, and when the work is complete, hopefully by July, the car will be donated to the City of Batavia so it can be put on public display and hopefully become a tourist attraction.

Alt clearly relished showing off the car to the buyers when they came to pick it up Thursday. He told them all about the grill work, the engine, the solid fenders, the blue leather interior, the periscope, the original die kit and showed off the dozen or so original pictures he had obtained. He's taken loving care of it, even if he never got around to restoring it himself.

It has, however, been restored once before, probably in the 1950s, though it's unclear who might have done that work.

The current grill is not quite the original grill designed by Thomas (McClurg will restore the grill to its original design), and while it's apparent the original color of the car was maroon, it was painted red when it was restored. That red faded to pink during the years prior to 1977 that it sat outside.

Those years in a field also took its toll on the chassis. The undercarriage is nearly rusted through. The only thing holding it together is the car's solid body, though it's rusted at the edges. The frame will likely need to be refabricated, but the restoration crew has a leg up on where to turn, potentially, for the work: Graham Manufacturing.

In all the paperwork saved by Alt is a complete list by Thomas and Richardson of every piece of material that went into building the car and where it was sourced. The original frame was fabricated at Graham, as it turns out.  

McClurg, who is officially retired from the auto restoration business, is used to working on cars for which there are thousands of companies, meaning a supply of spare parts, but with the Rocket Car, there's only one. But McClurg said that won't be a problem.

"Rust doesn't care," McClurg said. "Everything is there to work with. You either have to refabricate or work with what's there. It's just got to be done. It's all labor intensive."

Once the car was out of the barn yesterday, Witt got to see the car all the way around for the first time, and he admitted to a sense of awe and wonder.

"It's unimaginable to me, and I've been collecting cars since the early '60s, to think that really, a couple of guys, Richardson and Thomas, were able to do this, because many of the sheet metal things were handcrafted," Witt said. "We've even unloaded the tools used when this was crafted, when it was shipped, and to think of the engineering, it was truly 10 years ahead of its time."

Norm Richardson with the Thomas in a photo that was part of Gary Alt's collection.

Norm Wright, left, Dick McClurg, Ken Witt, Dave Salway and Gary Alt.

Back home in Batavia ... 

Ken Witt checks the odometer.

House O' Laundry opens its (sliding) doors to new customers

By Howard B. Owens

Here's an obvious innovation of convenience for a laundromat: automatic sliding doors at the entrance.

"A laundromat is the only retail outlet where your hands are full walking in and walking out," said Mike Houseknecht, owner of the new House O' Laundry in the former Payless Shoe location on West Main Street, Batavia (entrance to Valu Plaza). "A sliding door makes it a lot easier getting in and out."

From the doors to the 60- and 100-pound washing machines (along with standard washing machines), Houseknecht has worked to create what amounts to, if this can truly be said about a laundromat, a first-class operation. Tiled floors, plenty of counter space, soap and soda for sale, a change machine and ATM are among the details Houseknecht made sure to include.

Doing it right, Houseknecht said, was important because the business opportunity in Batavia is for a modern, up-to-date laundry. The other open door of opportunity is the lack of a laundry on the west side of Batavia.

With those big machines, Houseknecht said, "you can do 10 loads of laundry (in one machine), put it in a dryer, and be in and out in an hour."

If that isn't fast enough for you, in-store staff will wash, dry and fold your laundry for you, and you just pick it up when it's done.

House O' Laundry is located at 5142 W. Main St. and is open from 7 a.m. to 9 p.m. every day. Last load allowable is 8:15 p.m.

Pictured with Mike is Ella.

Photo: Cabbage harvest at MY-T Acres

By Howard B. Owens

On the road back to Batavia after a trip to Lockport for a story, I spotted this cabbage harvester working on MY-T Acres Farm off Lewiston Road, Batavia.

Good things for Batavia expected to flow from downtown microbrewery

By Howard B. Owens

Matt Gray remembers the old J.J. Newberry's Downtown, with its creaky floors, dusty inventory and a lunch counter he would saddle up to next to his grandmother to enjoy a hot dog.

Now he owns that building, but his ambition far exceeds nostalgia. It's about revitalization and doing his part to bring vibrancy and economic growth back to his community.

Gray, along with partners Jon Mager and Matthew Boyd, will be the owners of the anchor tenant in an ambitious project backed by the Batavia Development Corp., Genesee County Economic Development Corporation, and Rural Development/USDA to help aspiring restaurant owners get a start in Downtown.

The partners are creating Batavia Brewing Company, a new microbrewery at 109 Main St., Batavia.

The location will also be known as freshLAB, a restaurant incubator where entrepreneurs with great ideas for unique menu items sourced mostly with local and regional ingredients can see if they can turn their food concepts into thriving businesses.

Mager said the ambition for the project is rooted in the fact that he and Gray grew up in Batavia, are businessmen in this community, are raising families here and want to see their community thrive.

"We wholeheartedly believe Batavia is a great place to live, work, play and raise a family," Mager said. "By joining the ranks of the many great places to eat and drink Downtown, we hope to be part of a complete and full resurgence and revitalization that is attracting people back to Downtown."

Gray said they picked a downtown location because that would generate the greatest economic impact, both for other restaurant and bar owners and for themselves.

"There were a lot of other pluses on a lot of other sites, including parking, but (what) it came down to, is we believe in the clustering effect," Gray said. "There are so many good restaurants and so much good nightlife already down in this area. Adding more to it is only going to make each one of us healthier. By going off on our own, we're going to have to fight uphill to trying to get people to come to us." 

Mager and Gray, who got his start in food business ownership with Matty's Pizzeria and currently own's Alex's Place along with restaurants in Southern states, first started talking about opening a brewery in 2013. In 2013, Mager completed training with the American Brewers Guild. 

At the same time, Julie Pacatte and the BDC board were looking at all this data saying too much restaurant and bar spending by local residents -- some $12 million -- was being spent outside of Batavia. People wanted more food choices locally. And there were a number of people who would come to the BDC for assistance in starting restaurants, but just didn't have the wherewith all to pull it off. So this incubator idea, which has been successful in other markets, started forming.

Pacatte heard about Mager and Gray's ambitions and recognized the possibility of a partnership.

"We want those dollars to say here," Pacatte said. "We want a reason for people to be eating and drinking in Downtown Batavia, more reason to do that. We want to offer a product that really ties our commerce, our downtown businesses to our agriculture community."

In a survey, the vast majority of respondents said they want healthier food choices in Batavia, they want more ethnic food (Millennials especially, marketing data shows, go for Far Eastern cuisines and spicier choices), and diners want more seafood.

"We're hoping that in this concept and in this project, that we're able to draw some of the folks in who can create some of those plates and meals and sandwiches or salads, that will be able to invent those kinds of meals and lunches and dinners and breakfasts here in Batavia," Pacatte said.

Rural Development is kicking in more than $67,000 in grants to provide equipment and furnishings for the "dining hall" element of the facility, that will be a shared space between the brewery and the food vendors. 

Steve Hyde, CEO of GCEDC, praised Gray and Mager for their foresight and willingness to take a risk, as entrepreneurs, to start a new business concept in their own community that will help their own community. Batavia is on the rebound, Hyde said.

"We have the innovation economy in our community now, higher-paying jobs, bigger-paying jobs, so our kids (can) stay here, come back home, and guess what, it makes this place a great place live, work and play and opportunities like this are going to make this happen even more," Hyde said. "It's really a great way to shine up the apple here in the city."

He said Mager and Gray are visionaries.

"It's so rewarding to us to have our local guys step up to the plate, invest in their community, and do what they're good at, 'cause this isn't new news for these guys," Hyde said. "This is right in their wheelhouse and they'll make it a great success."

Proposed property tax for Town of Batavia draws speakers to public hearing

By Raymond Coniglio

The prospect of the town’s first property tax levy in more than three decades accomplished at least one thing Wednesday night. It drew an interested crowd to Town Hall.

About a half-dozen residents spoke during what amounted to two public hearings regarding the proposed 2016 town budget, which calls for a property tax levy of $500,000 and a tax rate $1.42 per $1,000 assessed value.

Speakers shared their concerns about the proposed tax levy, complimented the board for its work and asked questions about the budget — questions Supervisor Greg Post welcomed.

But little was offered to change the town’s dismal budget outlook.

“I am open to anything that would do a better job than what we have done,” Post said. “And I would welcome any opportunities to change the metrics and to try to reduce our exposure and still sustain the community.

“The next 30 years are going to be tougher than the last 30,” he said.

Those “metrics” include more than a decade of relying on cash reserves to balance the town budget, combined with decreasing sales tax revenue, stagnant investment income and rising costs.

The result is a proposed 2016 budget that calls for $4.64 million in general fund spending, a decrease of $300,000 from this year. The budget would use $600,000 from cash reserves, which would leave a projected fund balance of $1.4 million.

The public hearing on the proposed budget was Wednesday night. Also on the agenda, was a public hearing on proposed Local Law No. 5, which would override the state-imposed 2-percent cap on property tax increases.

The board took no action on either issue. A work session is scheduled for Nov. 10, and the board will likely vote on the 2016 budget and tax cap override when it meets on Nov. 18, Post said.

Speakers during Wednesday’s hearing said a new tax would be tough to bear.

“We have a lot of senior citizens in our town, that are not going to get a cost of living raise (next year),” said Cheryl Kowalik, of Alexander Road.

And breaking the property tax cap, she said, means those same residents will not receive a property tax rebate check from Albany next year.

“We’ve been conscious of that for a long, long time,” Post said. “It’s a big part of every budget conversation every single year.”

Post said instituting a tax levy was a decision that could no longer be postponed. It’s been the subject of “heated” discussions since budget talks began this past summer.

The proposed budget, he said, is one of three spending plans he’s compiled this year — and it is essentially a compromise.

The first version included no tax levy but would have slashed reserves to a risky level.

The second plan, set aside a more robust reserve fund. But it included a $1 million levy, with a $2.84 per $1,000 assessed value property tax rate.

Ultimately, the board agreed to spend just $600,000 in cash reserves and impose a $500,000 tax levy.

“With the understanding,” Post said, “that we will continue to whittle away the use of the unexpended fund balance, and reduce our spending to the same degree we reduced it this year.”

Bob Zeagler, of Donahue Road, called for more immediate spending cuts.

“Please don’t add more taxes to us already overburdened taxpayers,” Zeagler told the board. “Go back and start cutting and trimming, everywhere and anywhere, with a very sharp chainsaw — raises included.”

Post said the proposed budget calls for pay increases of 3 percent, on average.

Freezing wages might make good politics, he said. But it would make little practical difference in the budget, and would hurt town services. 

“I knew what my job was when I took office,” Post said. “But the responsibility of all of you in this room, and every resident of this town … is to find someone who can do this job better than me, for less money.”

The Town Board schedules work sessions every week, he said, and the Town Hall doors are always open.

“You want transparency in government? We’ve had 500 meetings — no one attends,” he said. “We still have them; no one shows up.”

Residents need to be “watchdogs,” Post said.

“If there is a concern with the level of service any of you have received from any of our staffers,” he said, “I will listen, and we will investigate. Every staffer here — every person that’s employed — starts from zero every year in July and they have to justify their wage and what they do.

"We do absolutely our best to reduce the costs and still attract and retain and encourage people to do more. It’s a delicate walk.”

No one spoke during two additional public hearings scheduled Wednesday concerning water and sewer rates for May 2016 through February 2017.

The proposed sewer rents are $5.62 per 1,000 gallons in sewer districts Nos. 1 and 2. The proposed base water rate is $4.95 per 1,000 gallons and the proposed agricultural water rate is $3.31 per 1,000 gallons.

Attention motorists: tomorrow portion of North Spruce Street in Batavia to be closed for water line repairs

By Billie Owens

Press release from Bill Davis, Water Department supervisor for the City of Batavia:

On Thursday, Nov. 5th, North Spruce Street in the city will be closed to traffic from East Main Street to Margaret Place for water line repairs. It will be closed for most of the day.

Water may be disrupted on North Spruce Street from East Main Street to Chase Park, including Margaret Place and Eleanor Place.

Work is going to start at 8:30 a.m..

UPDATE 12:35 p.m., Nov. 5: Repairs are complete and North Spruce Street is now reopened.

Wards 3 and 4 in city elections deemed too close to call

By Howard B. Owens

From our news partner, WBTA:

Election results from at least two Batavia City Council ward races will have to wait until next week to be declared final. Results from Ward 3 and Ward 4 are too close to call until absentee ballots are counted, according to GOP Election Commissioner Richard Siebert.

Unofficial results released by the Board of Elections late last night revealed:

Ward 3

  • John Canale 111
  • Richard Richmond 94

 
Ward 4

  • Alfred McGinnis 161
  • Pier Cipollone 131

 
This morning Siebert said absentee ballots in both Ward 3 and Ward 4 could change the preliminary outcomes.

In Ward 3, there were 50 absentees ballots issued, 23 have been returned so far.

In Ward 4, 72 absentees ballots were issued and 33 have been returned.

It is possible, Siebert said, that when absentee ballots are counted next week, the final numbers could declare a different winner.

Only 17 votes separate John Canale from Richard Richmond, and 30 votes separate Pier Cipollone from Alfred McGinnis.

Siebert said all absentees ballots must be post marked by Nov. 2 and must be received by the Board of Elections by Nov. 10.

The third City Council contested race was in Ward 2. The unofficial returns reported last night were:
 
Ward 2 

  • Patti Pacino 133
  • Lisa Whitehead 80

Microbrewery planned for Downtown Batavia as part of new restaurant incubator

By Howard B. Owens

Aspiring restaurant owners are going to get a unique opportunity to start their own businesses in a Downtown Batavia location that will be anchored by a new microbrewery, economic development officials will announce tomorrow.

A press conference is scheduled at 109 Main St., Batavia, at 3:45 p.m. to announce plans for freshLAB and the Batavia Brewing Company.

The freshLAB concept is borrowed from other successful restaurant incubators in larger markets, such as Dallas, Denver and Los Angeles. 

Batavia Brewing will be owned by a current local restaurant owner. Attempts to reach that owner to confirm his participation have been unsuccessful.

The announcement from officials of the press conference, however, makes clear a brewery is part of the plan (the logo included with the announcement is at the top of this post).

The concept of the restaurant incubator will be fully explained tomorrow, but Julie Pacatte, economic development coordinator for Batavia Development Corp. said the idea grew out of what the BDC board has observed for a number of years. The board had to turn down several requests to provide low-interest loans to proposed restaurants because of either undercapitalization or inexperienced aspiring owners.

With the incubator concept, aspiring restaurant owners can get started with a smaller initial investment and there will be advisors available to help them plan their concept, get up and running, manage the operations and hopefully, eventually, expand into a bigger, stand-alone location.

"Opening a restaurant is a big undertaking," Pacatte said, "60 percent fail within the first two to three years. This will provide those owners with a more affordable space and more coaching and guidance."

The location, 109 Main St., is the former Newberry's building. Most recently it was the location of T-Shirts Etc. and the Red Cross. It was previously the location of Main Street Coffee. Previous owner Ken Mistler has sold the building. The new owner will be announced tomorrow.

Also participating in the press conference is the Rural Development division of the U.S. Department of Agriculture. The USDA will provide grant assistance for the restaurant incubator.

Part of the concept of the incubator is that aspiring restaurant owners must source most of their ingredients from farms from throughout the WNY region. The restaurant/food station concepts must also be unique to Batavia. The menu needs to be a different concept with offerings that vary from what's available in restaurants currently.

Part of the driver for creating the incubator is marketing surveys that show a lot of the entertainment and dining dollars spent by Batavia residents is flowing out of the county. Economic development officials hope to create a stronger cluster of restaurants in Batavia to help keep more of those dollars in the local community.

Race operator sought for dirt track at fairgrounds

By Howard B. Owens

Press release:

The Genesee County Agricultural Society is accepting proposals to lease and operate the 1/3 mile dirt oval race track for the 2016 racing season. Detailed proposals should be sent to geneseefair@yahoo.com by Nov. 17th.

Big rig rollover at Oak and Main, Batavia

By Billie Owens

A tractor-trailer rollover accident, unknown injuries, is reported at Oak and Main streets in the City of Batavia. City fire and Mercy medics are responding.

UPDATE 1:59 p.m.: A responder reports a saddle tank on the vehicle is leaking.

UPDATE 2:03 p.m.: The third platoon is asked to report to city fire headquarters.

UPDATE 2:18 p.m.: A source at the scene said the tractor-trailer was hauling "wheat middlings" -- a by-product of flour production -- to a Baskin plant in Bethany to be processed into livestock feed.

UPDATE 2:31 p.m.: The first platoon is requested to report to fire headquarters.

UPDATE 3 p.m.: City Fire Chief Jim Maxwell said motorists should avoid the area for the next couple of hours. He said it will probably be 5 or 6 o'clock before they can get the vehicle uprighted and removed, along with the debris. Rush hour is still ahead and the crash is impacting traffic on routes 98/63/33. No injuries reported, nor were other vehicles involved, Maxwell said. The tractor-trailer was southbound on Route 98 and was turning eastbound on Main Street when either the load shifted or a mechanical problem occured and the whole thing went sideways. Besides the mess of crushed wheat and traffic, firefighters had a couple of saddle tanks leaking fuel. They were able to contain the spill and prevent it from going down into the storm  drain, Maxwell said.

Eligible blood donors needed to keep up with holiday demand

By Billie Owens

Press release:

The American Red Cross encourages eligible donors to give blood to help ensure a sufficient blood supply throughout the holiday season.

A seasonal decline in donations often occurs from Thanksgiving to New Year’s Day when donors get busy with family gatherings and travel. However, patients don’t get a holiday vacation from needing lifesaving transfusions. In fact, every two seconds, someone in the United States needs blood.

Lorie Alwes remembers her father being called often to give blood – even on holidays. He had type O negative blood, the universal blood type.

“One time it was in the middle of Thanksgiving dinner and off he went without hesitation,” she recalls. “He explained to us kids that his blood was used in emergency situations and could possibly save another life.”

Years later, Alwes learned that she also has type O negative blood. She has since donated whenever needed and has encouraged her 17-year-old son to carry on the lifesaving family tradition that was so important to his grandfather.

Donors with all blood types are needed, and especially those with types O negative, B negative, A negative and AB. All those who come to donate Nov. 25-29 will get a Red Cross mixing spoon and celebrity chef recipe set, while supplies last.

To make an appointment to donate blood, people can download the Red Cross Blood Donor App from app stores, visit redcrossblood.org or call 1-800-RED CROSS (1-800-733-2767).

In Genesee County, there are four upcoming blood donation opportunities:

Alexander
Monday, Nov. 23 from 1:30 to 6:30 p.m., Alexander United Methodist Church, 10540 Main St.
 
Batavia
Friday, Nov. 20 from 9 a.m. to 2 p.m., Social Services Building, 5130 E. Main Street Road
Saturday, Nov. 28 from 10 a.m. to 3 p.m., Batavia City Mall, 106 Main St.
 
Stafford
Saturday, Nov. 28 from 9 a.m. to 2 p.m., Stafford Fire Department, 6153 Main Road, Route 5

How to Donate Blood
Simply download the American Red Cross Blood Donor App, visit redcrossblood.org or call 1-800-RED CROSS (1-800-733-2767) to make an appointment or for more information. All blood types are needed to ensure a reliable supply for patients. A blood donor card or driver’s license or two other forms of identification are required at check-in. Individuals who are 17 years of age (16 with parental consent in some states), weigh at least 110 pounds and are in generally good health may be eligible to donate blood. High school students and other donors 18 years of age and younger also have to meet certain height and weight requirements.

Blood donors can now save time at their next donation by using RapidPass to complete their pre-donation reading and health history questionnaire online, on the day of their donation, prior to arriving at the blood drive. To get started and learn more, visit redcrossblood.org/RapidPass and follow the instructions on the site.

About the American Red Cross
The American Red Cross shelters, feeds and provides emotional support to victims of disasters; supplies about 40 percent of the nation’s blood; teaches skills that save lives; provides international humanitarian aid; and supports military members and their families. The Red Cross is a not-for-profit organization that depends on volunteers and the generosity of the American public to perform its mission. For more information, please visit redcross.org or visit us on Twitter at @RedCross.

Law and Order: Duo accused of burglary in Le Roy

By Howard B. Owens
Jeffrey Bald Ted Kingsley

Jeffrey D. Bald, 33, of 30 Craigie St., Le Roy, and Ted E. Kingsley, 43, of 61 Myrtle St., #7, Le Roy, are charged with two counts each of second-degree burglary and one count each of petit larceny and attempted petit larceny. Bald and Kingsley were arrested after Village of Le Roy PD received a complaint from a neighbor of suspicious persons inside and then leaving a residence on Myrtle Street. Bald was allegedly located by a patrol walking nearby carrying a duffle bag of property. Kingsley was later determined to also be involved in the alleged burglary and was arrested. Bald and Kingsley are also suspects in a prior burglary of the same residence two days earlier. Kingsley was jailed on $15,000 bail and Bald on $25,000.

Sara A. Howard, 20, of 8486 W. Bergen Road, lot #15, Le Roy, was arrested on a pair of warrants. The first was out of the Town of Le Roy for an alleged theft of money and an iPhone from an acquaintance in the Village of Le Roy. The second was on a charge of petit larceny out of Rochester. Howard was arraigned and issued an appearance ticket on the local charge and then turned over to Rochester PD.

Amy M. Kaplun, 20, of 31 Gilbert St., Le Roy, is charged with petit larceny. Kaplun allegedly stole money from a Village of Le Roy business while employed there.

Habib Kassim Abdullah Nasser, 34, of East Ferry Street, Buffalo, is charged with evading cigarette tax on 10,000 or more cigarettes and speeding. Nasser was stopped 1:34 a.m. on Route 77, Pembroke, by Deputy Joseph Corona. He as allegedly found in possession of 12,000 untaxed cigarettes.

Jessica L. Ford, 24, of Oak Street, Batavia, is charged with criminal contempt, 1st. Ford was allegedly found driving a vehicle with a passenger whom she is barred from contacting by a complete stay away order. Ford was jailed without bail.

Glenn H. Quintern, 56, of Central Avenue, Batavia, is charged with assault, 2nd. Quintern allegedly stabbed a woman in the leg with a pair of scissors at about 11 p.m. Friday.

William Edward Bissette, 53, of Gibson Street, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Bissette was stopped at 4:47 p.m. Saturday on South Main Street, Oakfield, by Deputy Joseph Corona, following a complaint of an altercation between two people at the 7-Eleven in Oakfield.

Dillon Lee James Farley, 23, of Ridge Road, Elba, is charged with DWI and driving with a BAC of .08 or greater, leaving the scene of a property damage accident and failure to keep right. Farley was arrested by Deputy Joseph Loftus following a report of an accident at 2:40 a.m. Saturday on Ridge Road, Elba.

Melanie Mary Matesz, 50, of Schurr Road, Akron, is charged with unauthorized use of a vehicle. Matesz allegedly used a vehicle owned by another person for several days without knowledge or consent of the owner. Matesz was also charged with criminal trespass, 2nd, for allegedly being at a residence she was barred from visiting.

Jordan J. Hardy, 26, of Sunset Parkway, Oakfield, is charged with sex offender failure to report a change of address. Hardy, a registered sex offender, allegedly failed to report a change of address. He was jailed without bail.

Possible fire reported at U.S. Chrome on Swan Street in the city

By Billie Owens

A possible commercial building fire is reported at U.S. Chrome Corp., 31 Swan St., Batavia. City firefighters are responding.

UPDATE 3:06 p.m.: A responder on scene reports heavy smoke and says the property will be ventilated.

UPDATE 3:30 p.m.: The plant manager told Howard that an electric pot used to melt wax malfunctioned. Two employees, who are also volunteer firefighters, arrived for work and were going to set up for the night shift when they noticed smoke in the building and a strong odor. To be cautious, they shut the doors and called the fire department. The plant manager praised the city's quick response and the swiftness with which they pinpointed the problem, removed the malfunctioning unit, and vented the facility.

Photos: Halloween 2015

By Howard B. Owens

Here's just a few shots of Halloween 2015 on Lincoln Avenue, Washington Avenue and Ellicott Avenue.

Batavia overcomes Hornell's defensive scheme to walk away with 43-7 semi-final win

By Howard B. Owens

The way Greg Mruczek sees it, the challenge Hornell gave Batavia in the first quarter of Saturday's sectional semi-final for Class B gives a Blue Devils team that has faced little adversity all season long a taste of how tough advancing in the post season will get.

Mruczek and his teammates adjusted and ended up smashing the Red Raiders 43-7.

Four second-quarter touchdown passes from Mruczek sealed the deal. He hit Anthony Gallo on a 16-yard route, Ray Leach on 46 yards, Ryan Hogan on 24 yards and Malachi Chenault on 41 yards.

"We had to pick up some blitzes in that first quarter," Mruczek said. "We definately had some adversity, but we definately fought through the adversity. We definately got a feel for playing in a close game and that's definately going to happen in the finals."

In the finals, Batavia will face Livonia, and while that's a 6-3 team (compared to Batavia's 9-0 record), they scored 70 points yesterday against Penn Yan, who ran up 60 points.

The diversity of receivers Mruczek called upon for those four second-quarter TDs demonstrates the array of weapons any defense must try to counter when playing Batavia, and the ability to strike quickly from anywhere on the field gives the team a lot of confidence, said Dom Mogavero.

"We a dynamic team," Mogavero said. "Every single person on this team can play football, the twos, the threes, everyone on the depth chart can play football and we all know we're really talented atheletes.

"We stick together as a family. The only stat that matters to us is wins and losses."

Mruczek was coming off a stretch over two games where he was 19-20 passing, including a 10-10 performance last week, with his only prior missed pass a throwaway under pressure two weeks ago. Those blitzes of Hornel had Mruczek a little off balance in the first quarter and he gave up a rare interception.

Still, he went on for a 12 for 25 performance for 303 yards and four TDs.

Batavia's other two touchdowns came on runs of 56 yards by Leach and 47 yards by Caleb Burdett.

 Mogavero had 77 yards on seven carries and Ray Leach rushed for 79 yards on five carries for the Blue Devils.

Gallo caught four passes for 126 yards.

In additional to his TD reception, Hogan had two interceptions. His steller performance came less than a week after his father's death.

"He's a gamer," Mruczek said. "He's got a lot of heart. I love that kid. He works hard every day."

Malachi Chenault said the team was there for Hogan throughout the week.

"He's a tough player," Chenault said. "We knew his situation and we just tried holding him up as much as we can and be as supportive as possible, that's all."

Defensively, Danny Williams had 10 tackles (two for loss) and Trent McGraw had eight tackles (two for loss) for the Blue Devils.

Top photo: Leach celebrates his second quater TD, which came off a tipped pass (second photo).

Hogan with one of this two interceptions.

Gallo with a TD reception.

Leach on a run play.

Leach.

Leach on defense.

Gallo with a reception.

Mruczek with a second quarter pass

Williams buries Hornell's Trenton Smith.

To purchase prints of photos by Howard Owens, click here.

Jim Burns was also at the game and took photos:

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