batavia

A former Batavia resident admitted to welfare fraud in Genesee County Court on Friday, pleading guilty to a single felony count of offering a false instrument for filing.

Michael Schramm, 36, also agreed to pay restitution of $17,026.39.

As a second felony offender, Schramm faces from one-and-a-half to three years in prison and will be sentenced at 9:30 a.m., Sept. 7

The former area resident was originally charged in May with two counts of offering a false instrument for filing and grand larceny, 3rd.

Schramm was accused of failing to report full-time farm employment in Niagara County while drawing assistance from DSS.

Pending sentencing, Schramm is being held on $25,000 bail.

A 41-year-old Batavia man has been charged rape in the second degree after being accused of having sexual intercourse with two 14-year-old girls in West Bloomfield.

Ontario County Sheriff's deputies arrested Micheal Steven Lewis at his residence, 1 Prestige Crossing, Batavia, at 6:30 p.m., Tuesday.

The accusation stems from alleged incidents in October 2011 in West Bloomfield.

Lewis was jailed in Ontario County on bail, but the amount of bail was not released by the Ontario County Sheriff's Office.

A dog is locked in a red Chevy Malibu in the 10th row of the parking lot at Walmart. A Sheriff's deputy is responding.

UPDATE 7:13 p.m.: The deputy reports that all four windows are down and the dog has water to drink. Despite these precautions against overheating, someone called dispatch with concerns.

Rep. Kathy Hochul heard a good suggestion from constituents today during an agriculture roundtable she hosted in council chambers at Batavia City Hall: Young people need to be taught more about farming.

Lorna Klotzbach first raised the issue.

In the Oakfield-Alabama Central School District, Klotzbach noted that "there is no FAA and there wasn't when I was in school that I can remember. There are very few teachers with an agricultural background. There is no training for farm careers. There is very little of that in Genesee County altogether."

Klotzbach noted that she's heard students suggest that farm work is really only for illegal immigrants.

"The smartest, most skilled people I've known are farmers and we hold them in such low esteem," Klotzbach said.

Hochul said she could envision supporting some sort of pilot project to help fund agriculture training in local schools and getting support for an informational campaign to elevate farming as a career choice.

Domestically produced food is a key component of national security, said Hochul, who sits on the House Homeland Security Committee.

"Congress has a roll to play in directing funds (to ag training)," Hochul said. "We need to help people embrace the patriotic sense you get from the American family farm. That's what we're all about, the entrepreneurial spirt that this country is built on."

Farm labor was a big part of the morning discussion, with much of it centered on the difficulty farmers have these days in finding qualified, legal labor.

Hochul noted that with the opening soon of the Alpina and Pepsi yogurt plants, the demand on local milk supplies will increase 15 percent, and that doesn't mean more cows and milking parlors. It means more farm workers will be needed.

"If we don’t get more people in this workforce, we’re not going to be able to capitalize on the opportunities that we have right here in Genesee County," Hochul said.

The congresswoman said she is looking at how to move some of the recent refugees -- who are mostly from agrarian countries -- in Rochester and Buffalo to work on Genesee County farms.

There is apparently a growing Burmese immigrant community in Buffalo, with many people from rural communities.

The problem Hochul said she wanted to tackle is transportation, but Matt Lamb said transportation isn't an issue.

"We can house these people," he said.

If the workers are qualified and willing to work, there's work and shelter available for them now.

Klotzbach said that if Burmese workers were going to be brought to Genesee County to work on farms, it needs to be approached in a comprehensive way, with assistance to school districts for appropriate classes and ensuring Burmese families have a chance to retain their culture while assimulating to a new one.

"It doesn’t do any good to bring one Burmese family to Pavilion," she said. That doesn’t work. They need a community."

Hochul said she will look into available options to help find qualified refugee labor and ensure any move of the labor force to the area is done the right way.

Some farmers complained about overzealous U.S. Border Patrol agents, even conducting raids when there was no apparent probable cause for illegal workers being on a property.

Hochul said she's spoken with the director the border patrol and suggested that the Western New York border with Canada has too many agents for the threat level and perhaps some agents should be transferred to Texas or Arizona.

"Our homeland is not in any danger or threat from our farmers," Hochul said. "We need a different attitude."

A tractor-trailer's brakes are reportedly on fire on Route 5, in front of Kiwanis Park. It is hauling another trailer. Smoke is coming from the tractor, according to a responder at the scene. Town of Batavia Fire Department is en route.

UPDATE 4:36 p.m.: The fire is out. Town of Batavia is back in service.

Jonathan Martinez is a happy, energetic young man who has come across a tough break.

Known by the nickname "Tan-Tan" to his co-workers at Rancho Viejo Mexican Restaurant (and formerly to his co-workers at Margarita's), Martinez is well liked by everyone.

"He's always smiling," said his sister, Elena Vega. "He's a really humble, amazing person."

Martinez, 24, was diagnosed with germ cell cancer in December. The cancer was successfully removed, and he enjoyed a period of remarkable recovery until he returned to the doctor for a follow-up in March. It was then that he was diagnosed with spindle cell cancer, which was found around his liver.

He is now in hospice at Batavia's Crossroads House. Things are tough, but he has a positive attitude and is confident that he can beat the cancer.

There is a benefit fundraiser for Martinez today at Austin Park, at the corner of Washington and Jefferson Avenues in Batavia. It started at 1 p.m. and will last until dusk. There is no admission fee, but donations will be collected.

Live music will be featured, including performances by Soulcraft and Amos Williams. Jerry Smith, known in local circles as "Honeybun," will be the master of ceremonies.

Donations will be used to help with the medical expenses of Martinez' treatment, which are quite daunting.

"It's really expensive," Vega said. "We haven't paid for anything yet."

Services from the past seven months for which Martinez' family must still pay include chemotherapy, surgery, X-rays, CAT scans, biopsies and blood transfusions (Vega said her brother's cell count is still very low).

Throughout all the challenges he has come to face, Martinez has been sustained by the love he has for his family -- especially his 3-year-old daughter, Jonelis (pictured).

"He keeps saying he's going to 'come out standing like a rock for his baby girl,' " Vega said. "She is his life."

Martinez' faith has also been key to his positive outlook.

"He has tremendous faith in God," Vega said. "We know there's a purpose in this. We're just waiting for a miracle."

Photo taken by Nelle Williams

A large dog is locked in an older green car in front of Michael's craft store in the Target shopping center. It is barking furiously. A deputy is on scene and reports "I'll be attempting to locate (the owner). The dog is very aggressive. You can't get near it." The car is registered to a man in the City of Batavia.

UPDATE 3:02 p.m.: When the deputy first arrived, he noted the windows are down. An animal control officer is responding.

A dog is sweltering inside a silver-grayish Chevy TrailBlazer in the parking lot of Walmart in Batavia. The SUV has Florida plates. A Sheriff's deputy is responding.

The sister of Jason Lang, as promised, has announced a date for a protest against bath salts. It will take place in front of 420 Emporium, 400 Ellicott St., Batavia.

The protest, Brandi Smith said, is set for 8:30 a.m. to 1 p.m., Wednesday, July 18.

"We're asking anyone who would like to join us to please meet at the location," Smith said. "This protest is against the sale and use of bath salts. I have seen bath salts ruin lives, families, people have died, and the bizarre actions of people using bath salts puts everyone in the community in danger."

On Tuesday, Smith's mother Nicole Lang confronted store employees because she believes 420 Emporium has been selling bath salts to her son, Jason Lang.

A store employee told police that Lang entered the store that night "and began yelling and screaming ‘You’re selling bath salts and killing my son.' "

At the scene -- Nicole Lang was cited for alleged trespass -- Lang and Smith vowed to mount a protest against the store.

"I'm sending out a plea to the whole community to please give a little of your time to participate in the protest," Smith said last night. "I feel this is an emergency situation that needs immediate attention. My hope is people will become more aware to this nightmarish situation."

Jason Lang is the former owner of The Laughing Buddha, a tattoo parlor and head shop on Ellicott Avenue. Smith worked for a time as manager of the shop.

While Lang has admitted to selling synthetic marijuana in the past, he's always denied selling bath salts.

The bath salt issue, however, has recently hit the Lang family hard. Jason Lang has been arrested for allegedly calling the landlord of 420 Emporium and impersonating law enforcement, trying to convince the landlord not to rent to the Brockport-based business, allegedly warning the property owner that the retail chain sells bath salts.

In recent weeks, Lang has reportedly made several 9-1-1 calls and was arrested July 1 for allegedly falsely reporting hearing gunshots at a local hotel.

The mother of Lang's child, Ashley Keene, is accused of giving bath salts to a 14-year-old girl. According to the girl's statement to police, Lang and Keene drove to the 420 Emporium location in Warsaw to buy two packages of "Amped," a brand of bath salt, on Memorial Day.

City Manager Jason Molino said the planned protest might be an appropriate neighborhood response.

"If that's what's going on inside that establishment, and if the neighborhood is fed up, it's certainly within their right to do that," Molino said.

The Batavian called the 420 Emporium in Batavia today to get reaction from the store manager to the planned protest, but he wasn't available for comment.

Besides Brockport, Batavia and Warsaw, 420 Emporium operates stores in Rochester, Syracuse and Fulton.

The photo above was taken Thursday morning. Up until at least Wednesday afternoon, the store had its business name painted in the windows of the shop.  Employees have apparently removed the name of the business from the window.

Even if people can't come out on Wednesday, Smith asked people to pray about the bath salt issue.

"As a Christian and a member of the Batavia Assembly of God, I urge people to pray for any and all who have been affected by bath salts," Smith said. "Jesus is love. Bath salts are evil."

For more information on Smith's plans or to help in organizing the protest, contact her at 585-300-7790.

Eric Betz says he and a lot of his friends are pretty unhappy with what they're seeing in Batavia right now.

Betz wants to do something about it: raise awareness of the dangers of bath salts and send a message that not everybody who enjoys an alternative lifestyle approves of this behavior.

"We don't want people who enjoy their freedom of expression to be equated to these scumbags," Betz said.

He's working on organizing a community event sometime soon that he hopes will bring the community together to rally against bath salts.

He said a few local businesses, such as Bourbon & Burger, Foxprowl Collectables and CPR Computer, have signed on to support the event. Next he wants to talk to the City of Batavia to get permission to hold the event in Austin Park. 

He's also looking for a donation of a car that people can take a whack at with a sledge hammer as a "your brain on bath salts" message.

At $5 a hammer swing, Betz is hoping to raise money for GCASA or another substance abuse program.

Betz, manager and a tattoo artist for Affliction Ink, 440 Ellicott St., Batavia, said "almost every one of my clients is against this crap."

Affliction Ink is owned by Eric Weiss. Both Weiss and Betz are former employees of The Laughing Buddha (440 Ellicott is the Buddha's original location) who left their jobs there, Betz said, because they were concerned about Jason Lang allegedly selling synthetic marijuana. 

Now they're just down the street from 420 Emporium (located at 400 Ellicott St.), which Betz believes has sold bath salts, and he said if they were or are, it's bad for the neighborhood.

People sometimes confuse the two businesses, he said, and he wants to make the distinction clear. Affliction Ink has nothing to do with bath salts, he said, though some people still come into the store looking to buy packages of the narcotic.

"It's getting out of hand," Betz said. "We see people walk by every day high on this stuff. It's disgusting."

One of the big dangers of bath salts, Betz said, is that it makes people paranoid and they might act irrationally, making them a danger not just to themselves but anybody in the community.

"We want to raise awareness about it," Betz said. "I'm tired of hearing people saying they want to leave Batavia because of it. This is my home. I love it here."

Rich Clark of CPR Computers has set up a Facebook page for the planned event, "Let's Beat Bath Salts."

UPDATE: The event is scheduled for 11 a.m. to 4 p.m., July 28, at L&L Transmission, 8781 Alexander Road, Batavia.  Additional businesses supporting the event: Neptunes Gardens Pet Shop, Rochester Metal Booking, B-Town Yellow Taxi, My T-Shirts Etc.  Also, I'm told I got Eric's profession wrong. He does piercings for Affliction Ink.

This morning city employee Colton Cole was watering the city's hosta garden outside of City Centre.

Andrew J. Ashley, 25, of 91 W. Main St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and using a mobile phone while driving. According to Le Roy PD, Ashley was driving on Route 19 and allegedly texting while driving when he failed to negotiate a curve at Route 19 and Wolcott Street. Ashley's vehicle struck a curb and the vehicle's axle broke.

Danielle Marie Stevens, 35, of Ford Road, Elba, is charged with criminal trespass, 2nd. Stevens was arrested on a warrant by State Police following a traffic stop. Stevens was turned over to the Sheriff's Office, arraigned and jailed on $1,250 bail.

Rebecca Louise Batt, 31, of East Bethany Le Roy Road, Bethany, is charged with DWI and driving with a BAC of .18 or greater. Batt was arrested following a trespassing complaint at 1:48 a.m., Thursday, when Batt allegedly drove her vehicle into the back yard of a residence on East Bethany Le Roy Road and parked without permission of the homeowner.

Wendy L. Mucher, 42, of Lewiston Road, Batavia, is charged with petit larceny and criminal mischief. Mucher is accused of stealing $29.34 worth of merchandise that she removed from its packaging from a business on Veterans Memorial Drive.

Joseph Daniel Barone, 30, of Woodbriar Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Barone was stopped at 8:38 p.m. Thursday on Route 77 in Pembroke by Deputy Patrick Reeves. A search of the vehicle allegedly found alcohol, crack cocaine and marijuana.

Melissa Ann Neely, 42, of Lincoln Mills Road, East Rochester, is charged with controlled substance not its original container. Neely was charged following a traffic stop at 9:09 p.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves.

Jacob D. Waite, 20, of 3661 Pike Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Waite was arrested by Attica PD following a traffic stop at 11:45 p.m. Wednesday on Market Street, Attica.

The new LCD-based sign, replacing the old neon sign, atop Batavia Downs was illuminated for the first time Thursday evening.

A dog is reportedly locked in a black four-door sedan -- "with minimal air" -- in the parking lot of Walmart, near the food entrance. At 6 p.m., the temperature was 88, according to dispatch. Law enforcement is responding.

City police are responding to an address on Burke Drive after it was reported that a young female, approximately 20 years old, was in the area soliciting free vacuuming service. A white vehicle, unfamiliar to the caller, was reported to be parked on the street, however it is now gone.

A field fire is reported at 4271 Drake St. Road in Elba. Elba Fire Department is responding. The location is between South Main Street and Weatherwax Road. Fire equipment from the towns of Oakfield, Batavia and Byron are also requested.

UPDATE 4:11 p.m.: Drake Street Road and Weatherwax are being shut down.

UPDATE 4:16 p.m.: Fire police are stationed at routes 262 and 98. A Bergen tanker is requested to fill in at Byron's hall. The wind is 10 mph out of the east.

UPDATE 5:01 p.m.: Batavia and Oakfield are back in service.

UPDATE 5:06 p.m.: The fire is out. Elba, Byron and Bergen are back in service. The roadway is reopened.

Press release:

On Saturday, July 28, the Town of Batavia Fire Department will hold its 13th Annual Harley-Davidson Fat Boy Raffle. (The model is a 2012 FLSTFB.)

The event runs from 8 p.m. until midnight -- rain or shine. It will feature a beer tent and live entertainment by the band 7th Heaven. Food and refreshments will be available for purchase from Alex’s Place.

The event is free admission and open to the public, a ticket purchase is not necessary to attend. Tickets are limited to 2,500 and the money raised benefits the town fire department. Each ticket costs $20 and they are still available, sold on a first-come-first-serve basis. 

This year we are offering a $10,000 cash prize in lieu of the motorcycle to the Grand Prize winner. They will have the option of the bike or the cash prize.

To buy a ticket, checks and money orders can be made out to the “Town of Batavia Fire Dept. Raffle” and mailed to:

C/O Raffle Chairman
Town of Batavia Fire Dept.
P.O. Box 417
Batavia, NY 14021-0417

For further information please visit: <http://townofbataviafire.com>, call 344-3284, ext. 12, or email tbfdraffle@townofbataviafire.com

A dog has been locked inside a white Ford Chevy Equinox for at least 10 minutes in the parking lot of Target in Batavia. A Sheriff's deputy is responding.

The vehicle is registered to a person in Darien.

In California, I didn't see many asphalt driveways. For whatever reason, most homeowners there prefer concrete (weather, I imagine, is a factor).

It didn't take long after moving to Western New York to figure out that here asphalt is the preferred surface for driveways, and if you're a homeowner who takes routine maintenance seriously, you periodically get your driveway sealed.

A couple of years ago I suggested to Scott Kopper, owner of WNY Blacktop Sealers, that I come out to one of his jobs some time and take a few pictures and learn a little bit about why sealing an asphalt driveway is important. This morning, we actually finally got together for one of his jobs.

Here's what he told me: "A blacktop drive way is a big investment and you want to protect that investment. What blacktop sealing does, not only does it look good, but it makes your driveway more resistant to oil, gas leaks, power steering fluid, and it doesn't oxidize as quickly from the sun beating on it, which means it doesn't crack and break as easily. "

I was surprised to learn the sun does more damage to asphalt than winter salt and snow. Winter damage occurs when a driveway does crack and then ice gets into those cracks, expands and makes them worse.

Josh Dibble was helping Scott this morning at a residence on Vine Street.