batavia

Via WBTA:

City of Batavia Firefighter Charles Hammon was named the 2013-2014 City of Batavia Employee of the year.

Hammon was honored by the city council for his management of the child safety seat program conducted by members of the fire department at various times throughout the year.

Hammon received the proclamation from Ward 5 Councilwoman Kathleen Briggs.

Story via WBTA:

Only one person spoke in opposition Monday night to the proposed 2014-2015 City of Batavia budget. The $24 million financial plan is scheduled for a vote on March 10.

John Roach of Batavia questioned the need for an assistant city manager, a position eliminated several years ago by City Manager Jason Molino in a budget-cutting move. Molino now wants the post filled at an annual salary of between $64,000 and $78,000 plus benefits.

Ward Six Councilwoman Rosemary Christian asked if there would be “another opportunity” to discuss the budget prior to a vote. She was told by Molino that comments could be made prior to the vote on March 10.

Christian said she had “a very important matter” to discuss concerning the budget but she declined to elaborate.

No one spoke during a second public hearing Monday night on a proposed increase in water rates. The proposed rate per 1,000 gallons of water will go up by 9 cents to $4.62. Molino estimated the water increase would cost the average homeowner another $10 per year.

While the budget is scheduled to be voted upon at the next council business meeting on March 10 there would still be an opportunity to vote on the budget during the March 24 meeting. The budget must, by law, be adopted by March 31.

The person in the surveillance photos to the right is wanted for questioning in connection with a robbery of a bank in Batavia today.

Batavia PD believes the woman is the suspect who robbed the Five Star branch at 567 E. Main St. at 2:11 p.m.

The perpetrator presented a note that claimed she had a gun and demanded money and left on foot with an undetermined amount of cash. She did not display a gun.

She is described as a female, mid-20s, 5'7" to 5'8" and slim build.

Tellers said the woman had a large, bright pink butterfly tattoo on the left side of her neck.

Tips and information can be provided to Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

John J. Astrologo, 20, of 107 State St., Batavia, was arrested and charged with second-degree criminal nuisance for allegedly hosting an underage drinking party at his residence on State Street in Batavia on Saturday. He was released on an appearance ticket and ordered to appear in Batavia City Court on March 11.

Evan W. Horton, 19, of State Street, Batavia, was arrested and charged with second-degree criminal nuisance for allegedly hosting an underage drinking party on Saturday. He was released on an appearance ticket and is set to return to Batavia City Court on March 4.

Lukas M. Baildon, 18, of Batavia-Stafford Townline Road, Batavia, was arrested on Saturday following an investigation into an underage drinking party and charged with unlawful possession of marijuana. He was issued an appearance ticket and released. He is due in Batavia City Court on March 11.

Brody A. Jorgenson, 19, of Batavia-Stafford Townline Road, Batavia, was arrested and charged with unlawful possession of alcohol following an investigation into an underage drinking party on State Street in Batavia on Saturday. He was issued an appearance ticket and is scheduled to appear in Batavia City Court on March 4.

Christopher Douglas Ball, 41, of Park Road, Batavia, is accused of 33 counts of criminal contempt. It is alleged that he violated an order of protection issued by Family Court on several occasions by sending 30 text messages, having two phone conversations, and by having personal contact with the protected person. Following his arraignment on Thursday, he was jailed on $5,000 cash bail or $10,000 bond. He is set to reappear in Town of Oakfield Court on March 3.

Christian Gerand Santana, 32, of Kally Street, Rochester, was arrested Friday and charged with petit larceny for allegedly stealing merchandise valued at $129.99. He is also charged with possession of burglar tools for allegedly using a cutting instrument to aid in the theft, as well as second-degree harassment for allegedly pushing loss prevention personnel when they attempted to detain him. Following his arraignment in Town of Batavia Court, he was jailed on $500 cash bail or $1,000 bond. He is set to reappear in town court on March 3.

Courtney A. Gaebler, 36, of Soccio Street, Batavia, was arrested and charged with driving while intoxicated and failing to maintain lane after crashing her car into a utility pole on Liberty Street on Wednesday, causing significant damage to the pole and car. She will be arraigned in City Court on March 11.

Sharon Jean Chase, 55, of Route 19, Le Roy, was arrested last Monday and charged with third-degree grand larceny for allegedly stealing several items from the apartment of an acquaintance. She is scheduled to appear in Le Roy Town Court on March 20.

Michael E. Mistler, 48, of East Main Street, Batavia, turned himself into Batavia Police after a bench warrant was issued for failing to answer a traffic summons. He posted bail and is scheduled to return to City Court on Tuesday.

Jake Ross Simmons Jr., 27, of North Hill Parkway in Atlanta, Ga., was arrested on Friday for aggravated unlicensed operation in the second degree following a traffic stop. It is alleged that he was driving while his privileges are suspended. He was also cited for failure to keep right.

These are the latest indictments issued by the Genesee County Grand Jury.

Nathan W. Larson is indicted on four counts. The first is the crime of first-degree attemped rape, a Class B felony, for actions which allegedly occurred on Aug. 3 in the Town of Le Roy. He is accused of attempting to engage in sexual intercourse with another person by forcible compulsion. In count two, he is accused of first-degree sexual abuse, A Class D felony, for allegedly subjecting another person to sexual contact by forcible complusion. In count three, he is also accused of first-degree sexual abuse for allegedly subjecting another person to sexual contact when the person was incapable of consent by reason of being physically helpless. In count four, he is accused of first-degree criminal sexual act, a Class B felony, for allegedly engaging in oral sexual conduct or anal sexual conduct with another person who was incapable of consent by reason of being physically helpless.

Steven E. Palmer is indicated for allegedly driving while intoxicated, a Class E felony. He is accused of driving a 1998 Acura on Route 5 in the Town of Le Roy on Nov. 8 while intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for allegedly having a BAC of .18 or more.

Stephen J. Holdaway is indicted for allegedly driving while intoxicated, a Class E felony. He is accused of driving a 2004 Ford pickup on Route 33 in the Town of Batavia on Aug. 21 while intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for having allegedly having a BAC of .18 or more.

A robbery is reported at the Five Star Bank, 567 E. Main St., in Batavia. The suspect handed the teller a note and fled on foot with an undisclosed amount of cash. No weapon was displayed. The suspect is described as female, 26 years old, white, 5'7", wearing black sweatpants, a gray sweatshirt, with a train-conductor-type hat. She has a butterfly tattoo on her neck and had on black gloves. She may have gotten into a gray Honda Civic. Unknown direction of travel. Multiple law enforcement units on scene. A canine will be deployed shortly.

A fire is reported in apartment #11 at 337 Bank St. in the city. Engine 11 is on scene and command says it looks like a fire burned itself out. Nothing was showing when they got there. The whereabouts of the occupant of the apartment is not known at this point. A firefighter says the first floor is clear and they are checking the second floor and ventilating the apartment. The second platoon was called to the scene and the fourth platoon was told to stage in the fire hall.

UPDATE 9:58 p.m.: The complex is called the Walden Estates. The fire is confirmed to be out and firefighters are overhauling the apartment. Apparently, no one is home.

UPDATE, Sunday (by Howard): The fire caused an estimated $50,000 in damage, according to city fire. There was heat and smoke damage to the entire two-story apartment. Nobody was home at the time of the fire. The fire was reported by a neighbor who heard the smoke detectors sounding. City fire was assisted at the scene by Batavia PD, Mercy EMS and National Grid. The cause of the fire remains under investigation.

A large crowd filled the newest Habitat for Humanity home for a dedication at 11 Harvester Ave. in Batavia this morning.

The home will be occupied by Herb Neal, his mother, Barbara, and his two sons, Christopher, 13, and Matthew, 10. 

Neal says, "Moving in here will give my family the fresh start that we need."

Jessica Maguire Tomidy, CEO of Habitat for Humanity in Genesee County, says the home is the 11th project for Habitat for Humanity in the county, the 7th home in the City of Batavia.

Work on the Harvester Avenue house started in May of 2013. Hundreds of volunteers from all over WNY put in over 10,000 volunteer hours to make the renovations happen. The Neals will move into their new home March 16th.

Maguire Tomidy says the home was in very bad shape when they purchased it from the city. There were dead cats and dead squirrels inside and the remains of a dog in the backyard. The last time it was occupied was in 2007.

In under 10 months, Habitat for Humanity was able to identify a family with a need and put the property back on the city's tax rolls.

"It was not without a lot of resources, volunteer hours, energy and a lot of love, Maguire Tomidy said. "People have to have it in their hearts to help, and they do it again and again for us."

Habitat for Humanity paid the city about $2,000 for the Harvester Avenue parcel, according to City Manager Jason Molino, who says the renovation has increased its assessed value by about 35-38 percent.

"A renovated home and a new family add many benefits to a neighborhood and they contribute to the City's revitalization effort," Molino said.

Habitat for Humanity is currently rehabilitating another home at 2 McKinley Ave. and it will be completed and ready for another family by the end of the year.

Father James Fugle blesses the Neal home on Harvester Avenue.

There's a power outage at Walmart in Batavia and the store is being evacuated. There is reportedly a patron who is refusing to leave. Law enforcement is on scene to deal with that individual as well as assist personnel with clearing the store of shoppers.

UPDATE 4:08 p.m.: Officers say they've walked the aisles and believe all the customers are out of the building.

UPDATE 4:26 p.m.: Town of Batavia fire is at the store after the smell of something burning was reported. No signs of fire. Investigating.

UPDATE 5:32 p.m.: Firefighters have tracked the problem to a National Grid transformer across the street, which will have to be repaired or replaced. The store will be closed while that is happening "at least four or five hours, if all goes well."

UPDATE 7:07 p.m.: The Town of Batavia Fire Department's assignment at Walmart is back in service.

Batavia Police were called to Saint James Episcopal Church early this afternoon for the larceny of a silver chalice.

According to police, the chalice was stolen sometime during this past week. There was no evidence of a break-in at the church which is located at 405 E. Main St.

Members of Saint James Church say the silver chalice is an important part of their congregation. The all-silver chalice is used for the consecrated wine and is administered at the eucharist. Church members would like to have the silver chalice returned; they say it has been part of the St. James community for a long time.

Batavia Police are currently working to obtain further information in connection with the larceny.

Anyone with information on the silver chalice can contact the Batavia Police at 585-345-6350 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicious-drug-or-criminal-activity.

A person on State Street called dispatch to report a neighbor struck her with a snowball. City police are responding.

A two-car accident is reported at East Main and Ross streets. One person is complaining of abdominal pain. One of the cars is on the sidewalk. City fire, police and Mercy medics responding.

UPDATE 12:03 p.m.: A 26-year-old male complaining of abdominal pain and left side pain was transported to UMMC. Engine 11 left the scene and is back in service.

City firefighters are on scene at 14 W. Main St., Genesee Justice, after the smell of smoke was reported coming from the attic. Command says it is electrical in nature and that they "will be here awhile" investigating.

UPDATE 8:16 a.m.: The smoke is coming from a burned out motor of some kind in the attic. Maintenance personnel will handle it. City fire is leaving the scene. Assignment back in service.

Now about six males are reportedly hanging out behind Batavia's Original Pizzeria, "suspicious activity." City police are responding to the location, 500 E. Main St.

UPDATE 7:31 p.m.: Police have cleared the scene.

It's easy to spot customers who have never been in Adam Miller Toy and Bicycle. They tend to point at things and ooh and aah -- a lot. That's because the inventory is comprised of an amazing array of classic toys and amusements not usually found in one place, certainly not in Big Box stores.

Spinning tops, a stuffed menagerie that can include bats, otters, zebras, squirrels, not just bears and bunnies, and models, kites, puzzles, bikes, trikes, and metal cars of the future as envisioned in the Atomic Age. Games anyone? Remember Mystery Date? Stratego? Or SNL's beleaguered Mr. Bill? Cap guns, authentic Silly Putty?

But more important than retro toys that don't require batteries or electricity is the sublime customer service and personal attention that is more or less lost in the nexus of retail commerce today.

Reason enough, perhaps, that this 96-year-old institution on Center Street in Downtown Batavia is the 2013 Retail Business of the Year, so designated by members of the Genesee County Chamber of Commerce.

"I think it's cool," said owner John Roche of the unexpected accolade. "I guess being nominated by a friend of ours (attorney Michael Rivers) and getting people to vote for us -- it's a task and can't be the easiest thing to do. But I think it's cool. It's a good thing."

So is the toy biz in general, he says, because "It's not a real job. I guess it's one of those jobs where you go to work and it's not work. You have fun and you never work a day in your life."

He and his wife, Cathy, bought the business in 2002.

The enterprise began as a "wheel goods store" in 1918 owned by Walter J. Davis. The building was constructed at 8 Center St. in 1929. Back then, people went to places for specific services; no one-stop-shops existed. There was, say, the baker, the blacksmith, the dry goods merchant, the green grocer, and a place where items with wheels were purchased and repaired. Davis also sold a few toys and tobacco products. He sharpened ice skates, lawn mower blades, and even strung tennis rackets to keep the business running.

In 1946, Adam F. Miller bought the Davis Wheel Goods store, which became Adam Miller Wheel Goods. In the mid-'50s, he put up the distinctive neon sign hanging out front. The business expanded in the 1960s to include toys and hobbies "for kids of all ages" and a year-round full-service repair shop.

Adam retired in the '70s and handed the business over to his children, Joyce Masse and Gary Miller, who ran it for 25 years during which time it garnered the reputation of being "The Neatest Store in Town."

The neon sign was restored in 1990. Long gone was the antiquated term "Wheel Goods" (although the legal corporate name remains Davis Wheel Goods).

Adam continued to visit regularly to make sure all was running smoothly. He died in 2000 at age 90. Subsequently, his children decided to retire themselves and the business was sold to the Roches, of Corfu. The families had known each other for years and were associates in the bicycle industry.

The tradition of quality customer service continued seamlessly.

Moreover, "You don't have to deal with someone who can't make change if the register goes down."

They gladly do special orders, offer free gift wrapping, free layaway, and help with selecting the right gift or choosing the best bicycle.

"Ninety percent of our customers are loyal, repeat customers. They tell their friends, tell everybody about us. That's who I have to thank are these customers for keeping us around so long."

And he doesn't mean just his customers, but also those who've been patrons for 30 or 40 years.

"They bring their kids and grandkids and show them what a real toy store is."

Being available to chat and help select something special results in practically zero returns. They had two after last Christmas.

"I like to tell people, if you buy something and they don't like it -- keep it for yourself, and they often do."

The challenge in bringing in new customers is overcoming the assumption by some that because Adam Miller is a small, family-owned business it's therefore pricey.

"Once they come in here they get it. They can see that's not the case. It's just getting them in the door. We don't have a million dollar advertising budget, so for us, it's definitely by word of mouth that you get people in."

And when they walk through the door, the fun begins.

"You see the smiles on their faces, or the memories that come back to them that make them smile and have good thoughts."

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A fight involving about 12 subjects was reported at Batavia's Original Pizzeria at 500 E. Main St. A caller to dispatch said a baseball bat was involved and one person was struck in the head. The group subsequently left and went to Harvester Avenue. Multiple city police units are on scene and Mercy medics are staging in the area.

UPDATE 1:08 p.m.: So far no victim has been found, although now police are going to check inside the restaurant.

UPDATE 1:10 p.m.: No word on a dozen subjects; police are having I.D. checks done for four people at the scene.

UPDATE 1:12 p.m.: A victim with a laceration to the head was found inside the restaurant and medics are given the go-ahead to enter and treat the person.

UPDATE 1:24 p.m.: At least two people will be taken into custody.

UPDATE 1:34 p.m.: The victim declined transport to the hospital. Police are taking subjects to police headquarters to speak with them further.

Ellen M. Martinez Brayley, 26, of West Main Street, Batavia, pled guilty to one count of falsifying business records first degree in Genesee County Court this afternoon.

Martinez Brayley pled guilty on an Alford plea, which means she does not admit guilt, but does admit that sufficient evidence exists to convict her of the offense.

Martinez Brayley was charged in October of 2013 after an investigation found that she had falsified business records to wrongfully obtain benefits through Pathstone Section 8 HUD and Social Security Administration.

Martinez Brayley agreed to pay restitution to Pathstone in the amount of $10,059.
She will also pay restitution to Social Security Administration in the amount of $13,086.

Martinez Brayley could face up to six months in jail when she is sentenced in Genesee County Court on April 22 at 1:30.