batavia

Brandon J. March, 39, of Batavia, is charged with strangulation 2nd, assault 3rd, and menacing 3rd. March was arrested on Dec. 28 following an investigation into an incident on South Lyon Street. March is accused of kicking a person while threatening to kill that person. March was arraigned in City Court and released under supervision.

Donald G. Vanelli, 60, of Oakfield, is charged with burglary 3rd, criminal mischief 4th, conspiracy 5th, and petit larceny. Vanelli was arrested on Jan. 4 on a warrant stemming from an investigation into a break-in at a business on Mill Street. At least two suspects stole property from the business, according to police. Vanelli was arraigned and released under supervision.

Tanisha N. Gibson, 38, of Batavia, is charged with assault 2nd, criminal possession of a weapon 3rd, and two counts of endangering the welfare of a child. Gibson was arrested on Jan. 8 following an investigation into an incident on Dec. 2 on Bank Street. Gibson is accused of spraying pepper spray in the face of another person. Gibson was arraigned and released.

Johnathan M. Falk, 25, of Batavia, is charged with petit larceny and conspiracy 6th. Falk is accused of cooperating with another person to steal property on Jan. 5 from 7-Eleven on East Main Street. He was issued an appearance ticket.

Samuel J. Hernandez, 21, of Batavia, is charged with petit larceny. Hernandez is accused of shoplifting from West Main Wine and Spirits on Jan. 5. He was issued an appearance ticket.

Jaliyla S. Shelton, 18, of Rochester, is charged with two counts of grand larceny 4th. She is accused of stealing two cars in Batavia. She was arrested on Nov. 2 and issued an appearance ticket.  She is accused of failure to appear on those charges and was arrested on a warrant on Jan. 10. She was arraigned and released.

Crystal L. Dacey, 29, of Attica, is charged with criminal possession of a controlled substance 7th and petit larceny. Dacey is accused of stealing property and prescription pills from another person on Jan. 10. She was issued an appearance ticket.

Timothy D. Cobb, 19, of Buffalo, is charged with unlawful fleeing a police officer 3rd. Cobb is accused of fleeing from a police officer following an incident at Speedway at Oak and Main on Jan. 3. The pursuit was terminated, but Cobb was apprehended a short time later. He was issued an appearance ticket and multiple traffic tickets.

James R. Briggs, 48, of Batavia, is charged with petit larceny. Briggs is accused of stealing merchandise from Family Dollar on East Main Street on Jan. 4. He was issued an appearance ticket.

Joshua W. Bombard, 18, of Pavilion, is charged with assault 3rd and criminal mischief 4th. Bombard was arrested after police officers responded to a report of a fight at a location on Ellicott Street on Dec. 27. Bombard is accused of injuring another person and damaging that person's property. He was arraigned and released.

Jennifer M. Beswick, 41, of Batavia, is charged with DWAI/Drugs and criminal possession of a controlled substance 7th. Beswick was arrested on Dec. 27 by Batavia PD following an investigation into a traffic accident that occurred on July 29. Beswick was issued an appearance ticket.

Jason C. Mann, 47, of Batavia, is charged with criminal mischief 4th. Mann is accused of damaging another person's property during a fight in the parking lot at 587 East Main St., Batavia, on Dec. 24. He was issued an appearance ticket.

Martin J. Rodgers, 39, of Batavia, is charged with criminal mischief 4th. Rogers is accused of damaging a window at a residence on Oak Street on Dec. 19 during an argument. He was issued an appearance ticket.

Naquan J. Shepherd, 24, of Batavia, is charged with harassment 2nd. Shepherd allegedly hit another person during an argument on Hutchins Street, Batavia, on Dec. 20. Shepherd was issued an appearance ticket.

Ronald J. Murray, 29, of Batavia, was arrested on a warrant on Dec. 26. The warrant stems from an incident on Aug. 11. Murray is accused of possessing narcotics. He was arraigned and released. 

Henry C. Roberts, 19, of Batavia, is charged with petit larceny. Roberts is accused of shoplifting from Tops on Dec. 29. He was issued an appearance ticket.

Levy Spikes, Jr., 50, of Batavia, is charged with DWI. Spikes was charged following a traffic stop by a Batavia PD patrol on Dec. 24 on Lewiston Road. He was issued traffic tickets.

Malik Isiah Ayala, 32, no permanent address, is charged with petit larceny and criminal possession of a controlled substance 7th. Ayala is accused of stealing a pair of Nike sneakers from Dick's Sporting Goods at 4:22 p.m. Jan. 13. When taken into custody, he was allegedly found in possession of crack cocaine and drug paraphernalia. He was released on an appearance ticket.

Mark E. Green, 42, of Hermitage Road, Warsaw, is charged with harassment 2nd. Green is accused of hitting another person at a residence on Briarwood Terrace, Batavia, at 5:50 p.m. on Jan. 14. He was issued an appearance ticket.

Scott David Murray, 38, no residence provided, is charged with assault 3rd and criminal obstruction of breathing.  Murray was arrested on Jan. 2 in connection with an incident reported on Dec. 30 at a location in Darien. Murray is accused of striking another person in the face multiple times and applying pressure to the neck of that person multiple times.  He was held for arraignment.

Joseph M. Andrews, 47, of East Crestwood Court, Lockport, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, open container, and speed not reasonable and prudent. Andrews is accused of driving off the roadway at 9:03 p.m. on Jan. 13 on Lewiston Road, Oakfield, while intoxicated. The incident was investigated by deputies Mason Schultz and Zachary Hoy.

Maxim James Reynolds, no age provided, of Lakes Road, Hamlin, is charged with DWI and false personation. Reynolds was stopped at 2:33 p.m. on Jan. 14 on Reed Road, Bergen, by Deputy Nicholas Chamoun. He was issued an appearance ticket.

Press Release:

A full slate of both girls and boys basketball is scheduled for Jan. 27 and we hope to see you there. Batavia High School will take on the Notre Dame Irish for a full day of both JV and Varsity girls and boys basketball. All proceeds from this event will benefit the Michael Napoleone Memorial Foundation.

Game times are as follows:

• JV Girls: 2:30 p.m. Batavia High School Gymnasium
• JV Boys: 4 p.m. Batavia High School Gymnasium
• Varsity Girls: 6:30 p.m. GCC Gymnasium
• Varsity Boys: 8 p.m. GCC Gymnasium

Admission will be Adults $5 & Students $2, Children 5 & under - free! There will be a 50/50 raffle at each game.

The Foundation will be running concessions and is looking for donations of soda, water, pizza, candy, and chips! All donations assist our fundraising efforts! Please call Laurie for any donations or questions @ 585-409-3275.

The Michael Napoleone Memorial Foundation was established in 2007 in memory of Michael Napoleone who died at the age of 8 of Burkitts Lymphoma, a form of pediatric cancer. Since its start, the Foundation has given over $725,000 to families facing the challenges of a pediatric cancer diagnosis. They have donated over $75,000 to Youth programs from their grant funding, and supported research in the amount of $95,000. They also donated $50,000 to Golisano Children's Hospital and recently just completed their  $25,000 gift to United Memorial Medical Center in Batavia.

The Foundation depends solely on volunteers and less than 3% of monies raised are applied to administrative costs.

Come out and watch your hometown teams and support a great cause!

Setting up shop under the Prudential name is about more than selling insurance, Michael Battaglia says. In fact, he and his business partners offer personal financial investment advice, and estate and retirement planning strategies in what he considers to be a “holistic approach.”

“It looks at all parts of someone’s financial situation,” Battaglia said while preparing for the ceremonial opening of Prudential Advisors this week at 1 Court St., Batavia. “There's kind of been that trend, I think, within the industry, especially with insurance companies that have gotten more so into the investment type retirement planning, where they're not just life insurance or long-term care, but branching out more, looking at all parts of a financial household, and helping them with, you know, transferring 401K's into an IRA. Basically, investment advice and setting up a brokerage account, kind of you name it, and anyway that we can help to provide an investment strategy.”

He said that among the three of them — Battaglia, a native Batavian, David Zauner of Corfu, and Elisa Martin from Churchville — they are proud to be working for a company with a 150-year foundation, plus their own combined experience of at least 30 years in the field. 

Martin has primarily been a financial planner, which rounds out the financial advisor services of Zauner and Battaglia, including insurance and financial products to protect your family, save for and live through retirement, to save for education and small business.

“We all bring something different to the table,” Martin said.

Although they cut a celebratory ribbon for their new downtown office this week, the trio had a soft opening in August 2023. And despite little fanfare, customers have been finding them already, they said. They have regular hours and are available for appointments, however, “we don’t want to deter anybody to stop in and say hello,” she said. 

They had been working in a Pittsford office, and when a private office in Attica closed, they wanted to close a gap of having nothing to serve customers between Buffalo and Rochester, Battaglia said. 

“There really isn't any representation here. So we saw that that has been a good opportunity to help clients in this area … we’re really right here in the center of Genesee County, everybody's familiar with it. We're between Domino's and Batavia Tailors in that building, so we’re pretty visible there to them, and the traffic here is great,” he said. “So we feel we found a really visible spot that people could easily find us and fill that void that was kind of created. We do anything from life insurance, annuities, investments, and IRAs; we help small businesses with 401Ks and simple IRAs. So, financial planning.” 

A lot of people don’t realize, Martin said, that the moment they stop working, they may not have certain insurance or financial protections in place. 

“It’s putting a circle around them,” she said. “Everybody’s situation is different; it requires its own individual attention, to have their own correct individual plan.”

Zauner believes that no two people have the same exact financial needs.

“So it’s important to work with someone who understands your unique hopes and dreams, “ he emphasizes on the company website. “I value connecting with my clients in a meaningful way.”

Hours are 9:30 a.m. to 4:30 p.m. Monday through Friday and by appointment. For more information, call 585-993-2567.

Tanisha Nicole Gibson, 38, of Bank Street, Batavia, is charged with criminal mischief 2nd. Gibson is accused of intentionally causing $2,695.95 in damage to a 2008 Pontiac G6 on Jan. 8 at 1:15 a.m. at a location on West Main Street Road, Batavia. Gibson was processed at the Genesee County Jail and held pending arraignment.

Ronald James Murray, Jr., 29 of Wood Street, Batavia, is charged with grand larceny 3rd and unlawful use of a credit card. Murray is accused of stealing the keys and a vehicle from a person at the Quality Inn on Park Road at 3 p.m. on Dec. 2. The vehicle was later recovered in Gates. He is accused of using a credit card, which he had been given permission to use for a specific purpose, for a purpose other than intended. Murray was arraigned and released.

Sharon M. Black, 55, of Whispering Pines Circle, Greece, is charged with grand larceny 4th. Black is accused of stealing a credit card at 6 p.m. on Dec. 30 from a location on Edgewood Drive, Batavia, and using it for several unauthorized purchases. Black was issued an appearance ticket.

Allison Margaret Smith, 31, of Bank Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident, failure to keep right, and moving from lane unsafely.  Smith is accused of being involved in an accident on Byron Holley Road, Byron, at 5:11 p.m. on Jan. 11. The accident was investigated by Deputy Zachary Hoy and Deputy Morgan Ewert. Smith was released on an appearance ticket.

Crystal Marie Bouter, 34, of Columbia Avenue, Batavia, is charged with petit larceny. Bouter is accused of shoplifting at Walmart at 2:51 p.m. on Dec. 15. She was arrested on Jan. 10. She was issued an appearance ticket.

Jacob W. Patterson, 28, of Corfu, is charged with obstruction of governmental administration and resisting arrest. Crystal M. Bouter, 34, of Batavia, is charged with criminal possession of a controlled substance 7th and driving while impaired by drugs.  Patterson and Bouter were arrested by State Police in the city of Batavia in connection with an incident reported at 10:25 p.m on Jan. 10. Both were issued appearance tickets.  No further information was released.

Leigha-Sabrina Marie Doreen, 2, of Oak Orchard Extension, Albion, is charged with DWI, driving with a BAC of .08 or greater, inadequate headlight, and an uninspected motor vehicle. Dorreen was stopped at 2:25 a.m. on Jan. 13 on Oak Orchard Road, Elba, by Sgt. Mathew Clor. She was released on an appearance ticket.

By James Fink

How does a Clemson, S.C. native end up in Amherst, serving as the Western New York Area Manager for Beam Suntory?

Just ask Shane Moore.

Moore, 48, is that person, and he will be centerstage on Feb. 2 and Feb. 3 at Batavia Downs' annual BBQ & Bourbon Dinner.

Moore will be overseeing the event that showcases a variety of Marker's Mark and Knob Creek products - both of which are part of the Beam Suntory family of whiskeys and bourbons.

"All bourbons are whiskey, but not all whiskeys are bourbons," Moore said.

During the event, Moore will be providing insight into the Marker's Mark and Knob Creek products but also giving a history lesson about bourbon and whiskey. It is designed to be both entertaining and informative.

"Did you know that in the U.S., women are among the largest group of bourbon buyers?" Moore said.

During the 2023 BBQ & Bourbon Dinner at Batavia Downs, more than half of the people who attended were women, and many came in parties of four or more, Moore said.

An Air Force veteran, Moore first came to the Western New York region while working for Philip Morris International as part of its Buffalo/Rochester area cigarette distribution network. It helped that his wife, Michelle, was an Amherst native and wanted to be close to her family.

Moore became hooked on the region.

After a stint selling mortar products to the construction industry, Moore was recruited to work for Beam Sumtory 16 years ago.  He never looked back.

To help promote various Beam products, including the signature Jim Beam line of bourbons, Moore decided to create a special event that would tie in the bourbon and whiskey products with food. Because of the diverse entertainment offerings and destination status of Batavia Downs, it was a natural fit to pair the two together. 

"I really like the options that Batavia Downs has to offer," Moore said. "It fits right into what we are trying to do and who we are trying to reach."

Moore cited the live harness racing, the gaming floor, different dining destinations and the hotel as key amenities that work well for his company.

It also helps that Batavia Downs bridges both the Buffalo and Rochester upstate markets.

"It gives me the ability to reach so many people," Moore said. "You name the demographic and you will find it here."

So what can people expect during the event? 

There will be a blind test of both Knob Creek and Maker's Mark products. People will only find out what they tasted in a post-test review.  There will be a BBQ Dinner in between the 2 tastings as well.

 "The mystery is part of the experience," Moore said. "This is about hearing the stories, enjoying some BBQ and being part of a fun experience."

 Hotel and individual packages are available through Batavia Downs by visiting BataviaConcerts.com.

 Attendees receive $50 Free Play, Hand Dipped Marker’s Mark Glass and bag, a BBQ Dinner and Bourbon Sampling.  There will be a drawing for a Black Stone Griddle valued at over $400. 

James Fink writes on behalf of Batavia Downs.  Sponsored Post paid for by Batavia Downs.

City officials are considering a project that would — after a couple of phases — make Austin Park an entertainment hotspot in the center of Batavia, with a potential pickleball court, outdoor event shell, new picnic pavilion, updated splash pad, carved-out spaces for a Farmers Market and craft fair, an all-inclusive playground, and the thoughtful touches of an entrance archway sign to clearly mark the site from Jefferson Avenue. 

An Austin Park master plan calls for all of that and more in what Assistant City Manager Erik Fix admittedly considers to be “quite expensive,” and is therefore recommending that it be broken down into more bite-size chunks, beginning with what is most needed first.

“It's going to be used to help replace the existing playground, which is desperately in need of replacement. Along the way, we hope to make it a universally inclusive playground as we go forward. We are at the point right now where the playground that's there is not only falling apart, but our Bureau of Maintenance staff cannot find a replacement piece parts for it, so it's definitely something we need to do,” he said during the Jan. 8 council meeting. “If we can also afford it and have any money left, there are some needed renovations to the splash pad (to help with drainage) and things like that that will help that run better. So we're calling this Phase One of the master plan. So as you look at this entire thing, this will be phase one with the hopes that we can secure additional grant money and resources down the line.”

The entire scope would include the demolition and replacement of the steel picnic shelter with a larger one, including the concrete pad, repurposing the concrete brick restroom/concession building and older stone building, possible splash pad updates, mechanics and control replacements, complete replacement of the existing playground with a universally inclusive and accessible system, a new drinking fountain, trash containers and benches, installation of modern, low-maintenance rubber cushion surfaces, and reconditioning or eliminating the stone dust cross-park trail.

City officials retained LaBella Associates to conduct the master plan and assist with a grant application to help with a park improvement project. Along with these revisions are suggestions for the larger covered picnic shelter, at 40 feet by 64 feet; a band shell for small musical groups, festivals, speeches, lectures and other events; a pickleball court to accommodate the “fast-growing sport;” carving out space for a fresh produce Farmers Market and craft fair; and entrance arch or gateway and clearly marked signage for Jefferson Avenue. 

How to pay for it? The state Office of Parks, Recreation and Historic Preservation has awarded the city an environmental protection fund grant of $500,000. 

There is a 25 percent match, and, although 25 percent would be $125,000, “we’re budgeting $225,000” and “hoping that any unused amount gets returned back to us,” Fix said.  The city intends to use public works reserves of $225,000 for that purpose. There is a total of  $960,822 in the DPW reserves now, Fix, said, and he is therefore recommending using the $225,000 to supplement the cost of the project. 

City Council was tentatively going to vote on a resolution to accept the grant and use those reserve funds during a business meeting on Jan. 22; however, the project is on a temporary hold because city officials need to talk to the state parks department, City Manager Rachael Tabelski said, about potential questions that may arise from the sale of Brisbane Mansion just across the parking lot from Austin Park.

“We have a meeting scheduled with New York State Parks and Recreation to understand the easement associated with Austin Park and the parking lot and the Brisbane Mansion, because currently they are situated as one parcel. So we want to make sure it doesn't hinder our ability to move to divest of the Brisbane Mansion in the future, Tabelski said. “So we don't want to move forward to a business meeting and have full approval of the resolution until we have that conversation with the parks department."

The city will be putting Brisbane Mansion, home of the current city police station, up for sale now that a new police facility will be built at the corner of Alva Place and Bank Street downtown. Prospective ideas for the West Main Street property include a boutique hotel, apartments or a mix of residential units. The city will still retain the rights to the adjacent parking lot, however, so city officials want to clarify the use of the parking lot in the future, including overnight parking for future occupants of residential units at the Brisbane property.

There are a series of items that must be met in order to qualify for the grant, according to state parks paperwork. The city must provide vendor ID numbers, file annual written reports, and provide proper documentation, including a boundary map that satisfies the state’s requirements, a copy of the contractor’s deed to the property, an opinion of municipal counsel, a state environmental quality review of the property, prevention of sexual harassment in the workplace and non-discrimination certifications, the Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia disclaimer.  

Austin Park Master Plan (pdf)

There was plenty of snow around Batavia on Sunday afternoon that needed to be moved, so city crews and local residents dug in and did the hard work of digging out.

More than a foot of snow fell on Batavia in the previous 24 hours. 

A travel advisory remains in effect until 7 a.m. on Monday.

Photos by Steve Ognibene

Fire investigators with Batavia City Fire have concluded that Friday's blaze at the former Backhoe Joe's, 46 Swan St., was the blaze "ignited under circumstances when a fire should not be ignited," according to a press release.

The press release notes, "a fire declared incendiary does not indicate the crime of arson."

The investigation is being turned over to Batavia PD to determine if the fire was intentionally set or caused by some human action.

The building was without electrical or gas service.

Earlier today, the building's owner, Ron Viele, told The Batavian that there has been an issue with transients going into the building, perhaps lodging there.

"Probably what happened was a transient was in there who was trying to keep warm, and something stupid happened," Viele said.

See previously: Former Backhoe Joe's building nearly valueless, slated for demolition, wasn't insured owner says

Press release:

The City of Batavia Fire Department was dispatched to a reported working structure fire at 46 Swan St. in the City on Jan. 12, 2024, at approximately 12:11 p.m. Initial dispatch reported multiple calls of flames showing.

City Fire crews were clearing two separate EMS at the time of dispatch, and Squad 17 was the first initial unit on location. Squad 17 arrived at 12:14, reporting a 3-story wood frame structure fully involved. At that time, a second Alarm was called. Engine 12 arrived four minutes after initial dispatch and requested a third alarm.

Captain Robert Fix was the initial Incident Commander and declared defensive operations with total building collapse seven minutes after initial units arrived. City Fire Chief Joshua Graham arrived at 12:23 p.m. and assumed command of the incident.

Fire crews focused on protecting an exposed building to the south of the incident structure. Crews were initially hampered by a live power line that burnt through and fell onto a metal fence, preventing them from making entry to the rear on the incident structure.

Once the fire was knocked down, an excavator was called in from Yasses. Fire investigators worked with the excavator to slowly remove debris while working to determine a cause and origin.

City of Batavia Fire Investigators believe that the fire spread through ventilation holes. No utilities were operational to the structure in preparation of demolition.   Fire Investigators have ruled the fire incendiary. Incendiary fires are defined as fires ignited under circumstances when a fire should not be ignited. 

City Fire has completed its portion of the investigation. It is important to note that a fire declared incendiary does not indicate the crime of arson. City Police will continue to investigate.

There were no injuries as a result of this incident.

City Fire would like to thank City DPW, City Police, Genesee County Office of Emergency Management, Genesee County Dispatchers, the Town of Batavia, Elba, Stafford, Pavilion, and Oakfield Fire Departments, Mercy EMS, National Fuel, National Grid, and Salvation Army for their assistance and support.

It's been Ron Viele's intention for years to tear down the wood-framed structure at 46 Swan St., Batavia, once known as Backhoe Joe's, because it has been an eyesore on Swan that potentially devalues the rest of his property on the street.

Viele owns Viele Construction, which has an office at 61 Swan St.

"I want to make sure that street looks as good as possible," Viele told The Batavian.

He's aware of social media chatter that the fire was an "insurance fire," but it wasn't insured, he said.

"That building was not in good shape," Viele said. "It is adjacent to the railroad tracks. A former owner had taken everything out and people were coming in and taking wires and pipes, anything of value. I intended to take it down, and the building had no insurance on it."

Some years ago, he tried to buy the building, winning it at a tax lien auction for $8,000, but a former city manager felt his purchase of the building was a conflict of interest with Ron's son, Paul Viele, on City Council, so the property went to another buyer.  Then in 2018, it came up for auction again, and he and Dick Borrell teamed up to buy it for $1,800, he said. 

He bought the property with the intention of demolishing the building.

He said he owns about $800,000 worth of property on Swan Street. He wants to protect those investments.

The clean up -- after the fire -- will still cost him at least $40,000.  That may be at least $4,000 cheaper than the demolition would have cost, he said, because there is now less material to haul away.

He noted that electrical and water service had been shut off to the property for some time. 

"It was one of those buildings that could become a money pit," Viele said. "I could put six figures into it.  The return (on investment) wouldn't have been good enough to fix it."

Viele said he needed multiple permits from the city in order to proceed with demolition.  He recently got final approval and was ready to proceed, but the contractor he hired for the job was tied up, so demolition wouldn't have started for at least another two weeks.

That section of the street is zoned industrial, and the parcel is too narrow to build anything new on it because of setbacks required in the current zoning code, so once the building is cleared away, the lot will likely remain vacant.

While most people remember 46 Swan as Backhoe Joe's, it was a tavern for many decades under various names.  Those were once thriving businesses when there was still heavy manufacturing at the Harvester Center and Wiard Plow, but as employees drifted away from those industrial hubs, the bar and restaurant business on Swan Street dried up.

More recently, the building has been attractive to transients, Viele noted. He said just a week ago, he called the police to chase transients out of it, and he had asked Batavia PD to provide extra patrols in the area to keep transients away.  He put a fence around the entire property a few weeks ago to try and keep transients out of the building. 

Viele said a fire chief told him initial indications are that the fire started in the basement.

"Probably what happened was a transient was in there who was trying to keep warm, and something stupid happened," Viele said.

Fire Chief Josh Graham said that is possible, but investigators, which include investigators with Batavia PD, have not yet made a final determination on the cause and origin of the fire.

"No matter what happened, it's not a happy event," Viele said.

Previously:

• Fire reported on Swan Street
• Investigators expect to dig deep to uncover cause of fire that destroyed former Backhoe Joe's

Eastridge proved a tough opponent for the Batavia Blue Devils on Saturday afternoon, taking the game 64-40.

Jamin Macdonald scored 12 points, Isabella Walsh, 10, and Karizwa Wescott, nine.

Liv Green scored 19 for Eastridge.

To view or purchase photos, click here.

No piece of lumber, so to speak, will go unturned at 46 Swan St., Batavia, the former Backhoe Joe's, as fire investigators attempt to determine how a conflagration enveloped the vacant building on Friday afternoon and brought it to the ground.

Both Chief Josh Graham, City Fire, and Capt. Robert Fix, said as of yet, they have no clue how the fire started or why it spread so quickly.

An initial caller at about 12:10 p.m. reported smoke coming from one of the windows.  A few minutes later, Fix was leaving the County Courthouse, where Engine 17 had been dispatched earlier for a medical call, and he saw a tower of smoke to the east and immediately called for a second alarm.

"Upon arrival, it was fully engulfed in fire throughout all the windows," Fix said. "That's when we went to a third alarm because of the large brick exposure building and set up for defensive operations."

All City Fire platoons were dispatched to the fire. Oakfield Fire filled in at City Fire's hall. Town of Batavia, Stafford, and Elba all responded to the scene.

There have been no reported injuries.

Fix said the first concern was protecting nearby buildings, particularly the closest structure, a brick building to the south of 46 Swan, which explains the defensive posture of fire crews.

There was also an issue with sufficient water flow from one fire hydrant.

"The problem is with the fire, this fire, if you start using too many hydrants in the same neighborhood, you're robbing water from each other at that point," Fix said. "So we had some of the mutual aid fire departments come in off Liberty Street and start bringing a water supply from a different area."

As for potential reasons why the fire spread so quickly, Fix suggested the afternoon's strong breeze fed the flames. 

"There was a pretty good east wind here like there is now, you know, during the fire and having the vacant lot across the street and the railroad tracks, the wind is whipping right through here pretty good," Fix said. "But other than that, I don't have a reason why it got such a good head start on us."

Graham noted the age of the wood structure. Also, since the building was in the midst of demolition.

"It's an older structure," Graham said. "There's a lot of holes in it, a lot of ventilation and stuff to feed the fire. So it could be as simple as that. I can't rule anything out. We just don't know at this point."

Neither Graham nor Fix would speculate on the possible cause of the fire.

The structure has been vacant for a long, long time -- nobody at the scene seemed to know how long.  Over the summer, there were signs of work being done on the building, then a safety fence was erected around the entire lot, and a sign for Viele Construction was on the Swan Street side of the property.

The county lists 46 Swan Street LLC and the property owner. That LLC has a mailing address of 61 Swan St., Batavia, which is the location of Viele Construction.

County tax records say the "actual year built" for the structure was 1920, with an "effective year built" of 1970.  The lot size is .16 acres. The commercial use is listed as a tavern with 1,943 square feet. The total area of the structure was 3,886 square feet. 

In 2002, Joseph Garland sold the property to 46 Swan Street LLC for $70,000.  The LLC sold it in December 2011 for $1 to Julie Pappalardo.  The City of Batavia is listed as the owner prior to a sale on March 27, 2018, to Richard Borrell. He owned it until June 26, 2018, when 46 Swan Street LLC reacquired it for $1.  With the exception of the 2002 deed record, the property is listed as unusable for valuation. 

Its most recent total assessed value is $22,000. The land is assessed at $6,400.

For more photos, when the building was fully engulfed, click here.

Photos by Howard Owens.

Press Release:

Independent Living of the Genesee Region (ILGR), working in cooperation with the Genesee and Orleans County Health Departments, has opened a Children and Youth with Special Health Care Needs (CYSHCN) Family Resource Library.  Relatives of young people with disabilities from Genesee and Orleans Counties can make appointments to investigate adaptive devices and other equipment before investing in them, and perhaps arrange a short-term loan of an item.

About the Resource Library: The CYSHCN Resource Library is for children and their families to be able to test and identify tools and supports that will help their child/ youth in areas such as development, emotional regulation, support with health conditions or disabilities, sensory processing, communication, learning disabilities, advocacy, and more. This is a great way to try items for FREE, to see what works or doesn’t work before buying.  

Supportive Equipment and Assistive Technology: Equipment is expensive, so this is a great way to try different items to see what works, or what does not, with no out-of-pocket expense. Some equipment available includes sensory toys, busy books, balance seats, tools that can support occupational therapy (OT), physical therapy (PT), speech goals, communication tools, and much more.  

Books: We have a variety of books and workbooks that support parents, children, and youth of all ages.  

For more information, contact April Fearby, CYSHCN Program Specialist at ILGR, at afearby@wnyil.org, or by calling 585-815-8501, extension 401.