batavia

An inmate at the federal detention facility in Batavia, who was already in trouble for reportedly using illegal tactics in debt collection, has been accused by Attorney General Andrew Cuomo of operating a collection agency from inside the prison.

News report:

Lamont Cooper, 38, formerly of Lancaster, operated CMC Recovery Services, Inc., d/b/a Legal Action Recovery in Buffalo, from prison in violation of a May 2009 court order barring him from the collection industry, according to the felony complaint. He was barred after an earlier investigation determined his business regularly used threats and intimidation against consumers.

The complaint alleges that Cooper’s collectors routinely pose as law enforcement and threaten to arrest consumers unless they make arrangements to pay the company immediately. The complaint further alleges Cooper’s involvement in the scheme continued after he was taken into federal custody in October 2009 for being found in violation of the terms of his release from a 1997 drug conviction.

Three 14-year-old boys have been charged with setting the Wiard Plow factory fire, which destroyed a good portion of the historic structure May 8.

Because the boys are juveniles, their names are not being released by law enforcement. Two of the boys face two counts each of arson, 3rd, and the third member of the trio faces one count of arson, 3rd.

The first two boys are accused of starting an early afternoon fire in an abandoned office in the old factory. The 1:40 p.m. fire was quickly extinguished by the Batavia Fire Department after a passerby reported seeing smoke coming from the building before the fire had much chance to spread. 

All three were allegedly involved in starting a second fire in the evening -- reported at 7:40 p.m. --  which quickly engulfed a good portion the structure causing an estimated $288,000 damage.

Lead investigator Det. Kevin Czora along with other members of the Batavia Police Department, the fire department, New York State Fire and the Genesee County District Attorney's Office spent three months building the case against the suspects. Detectives conducted numerous interviews and gathered physical evidence.

The three juveniles, because of their ages, have been referred to Genesee County Family Court to answer the charges.

Besides the arson charges, all three were also charged with burglary, 3rd, criminal mischief, 2nd, and conspiracy, 4th.

For previous coverage, click here.

There were no injuries in an accident at Ellicott and Jackson streets a short time ago.

Officer Chris Camp said the accident investigation is preliminary and no information is yet available.

For most of yesterday and today, Bank Street was closed, and from the looks of it, the closures will continue. Sewer replacement has reached Bank and Washington. The road is blocked by a big ditch and heavy equipment. The project -- which will eventually include resurfacing -- is expected to go on into the fall.

"Save the clock tower! Save the clock tower!"

Some of our readers will remember that line from the 1985 movie, "Back to the Future." Well, Batavia's St. James Episcopal Church has its own version of that plea:

"Save the bell tower! Save the bell tower!"

The tower, pictured above, was built in 1908 and has been showing signs of wear in the last 10 years.

"Especially in the last couple of years, we've noticed deterioration," said Cathy Judkins, a member of St. James who is also on the committee for the tower's restoration.

St. James Vicar Steven Metcalfe said there has been a "real push" since 2008 toward preserving the tower, which is very important to the religious heritage of St. James Church -- not only because of its historical significance (St. James is one of the oldest religious communities in Batavia and makes use of the old, awe-inspiring cathedral architecture -- see the April 12 article on the stained-glass tour), but also because of what it means to St. James as a family in faith.

"We have a very vibrant, caring and faithful worship community," Metcalfe said. "We want our building to reflect that."

To that end, he also offered this defense of the importance of restoration: "It's like what they say about a house turning into a home: it becomes more than just a building when it's been lived in."

The church and the various fundraising committees dedicated to preserving and restoring the tower have worked hard over the last couple of years. They have hired architects and consulted stonemasons; they have organized fundraising events -- including concerts, a calendar sale during the Christmas season, and fish fries every Friday during Lent; they are starting a Captial Campaign next month, and have applied for four grants -- three from private organizations and one from New York State.

According to Judkins, they have divided the overall project into six phases in order to make it more "financially manageable."

"The first phase is the most expensive," she said. "We're trying to raise about $500,000. We hope to have at least a fail-safe project by fall, something that can hold us together until we've reached our goal."

The church will accept monetary donations from anyone who would like to help out. People can also assist their efforts by supporting and/or attending their fundraisers, which are well-publicized.

Upcoming fundraisers include the second annual "Pedal to Save the Church", which starts at the church -- at 405 E. Main St. in Batavia -- around 8 a.m. (check-in) on Sept. 11, and a theatrical performance of "Tuesdays with Morrie," starring Batavia Players' Norm Argulsky as Morrie, on Oct. 16-17. All are invited to attend.

Additionally, Metcalfe invited anyone interested in lending a hand to come to the congregation and "get to know us." 

Marcia Gann, another member of St. James and the preservation committee, said that this project has garnered "great community support." She gratefully cited the support of the churches involved in the stained-glass tour, Adam Miller's Toys & Bicycles, and Present Tense Books as examples.

For more information on the bell tower restoration project and related fundraisers, please call the church at 343-6802 or visit their website.

A mother whose under 15-year-old daughter admitted to her that she exchanged allegedly pornographic images with a 24-year-old Kansas man tracked the man down online and turned him over to Batavia Police.

The man is a registered sex offender. A Wichita Police investigation, after receiving the report from Batavia, indicates he may have victimized other youngsters around the nation.

Two Batavia girls were allegedly involved in exchanging pornographic images with Shane McClelland, of 1800 East 201st St., Wichita, Kansas.

McClelland was taken into custody by Wichita Police.

Based on the possibility of additional victims in other locations, the investigation is being turned over to federal law enforcement.

Conversations with the girls in Batavia reportedly began in January 2010 and continued into August 2010. Over time, the online conversations allegedly escalated into sexually explicit communications.

McClelland is being held in Wichita on additional charges and alleged parole violations.

At least a half dozen local nonprofits showed up for an open house this afternoon at the former Cristina's Restaurant and Lounge building on Ellicott Street.

Owner Chuck Brumsted says a total of 15 groups have contacted him about a possible donation of the fire-damaged property.

Brumsted, who's still in Florida, wanted to give nonprofit leaders a chance to see the site, taking stock of both its potential and the work that needs to be done to fix it up.

Genesee ARC, GCASA and GCC were among the groups represented today.

For Genesee ARC and GCASA, both organizations are looking at a potential business location to give clients a chance to get work and entrepreneurial experience. 

Maryann Arena from the GCC theater program said she was there to check out the possibility of a downtown theater location. It could give students a chance to learn about a variety of theater production techniques -- bringing more young people downtown in the process.

Pam La Grou, representing GCASA said the site might give her agency's clients a chance to learn how to start and run a business, perhaps a coffeehouse.

"We're just in the exploratory phase," she said.

For Genesee ARC, the location represents the chance to open a retail location for the products the agency's clients produce, from pet beds to baked goods.

"We're always looking for more space," said ARC's Donna Saskowski.

The property obviously needs a lot of work to become something any organization could occupy, and all of the non-profit representatives said that's certainly a consideration before deciding to make a formal application to get ownership.

Saskowski said that Genesee ARC also realizes there are a lot of resources in the community to help reduce costs, such as possibily using the property as an opportunity for construction students at BOCES to practice their trade.

"We certainly have to invest and that is the give-and-take," Saskowski said. "We have to look at the cost per square foot to remodel. It would be an investment. And could this be an investment that we could free up other facilities, or turn another facility over, perhaps that we’re leasing or something like that. It certainly takes a lot of study."

Brumsted said today that given the range of potential applicants for the property, "It's going to be a tough choice."

Bill Hume is living his dream.

What started with a Star Wars and KISS memorability collection when he was a child, has blossomed into his own retail store on Ellicott Street.

The 39-year-old entrepreneur started selling pop culture collectibles on Ebay in 1998, eventually had a 20x20 stall at Antique World in Clarence and now has 1,000-square-foot store at 440 Ellicott St.

"It's been progressively building and culminated in a store back in my home town," said Hume. "This was the ultimate dream, though I didn't know it would ever be feasible."

Hume benefited from a flexible landlord and the ability to buy all of his store fixtures cheaply.

The store, named Foxprowl, opened just over a week ago.

He said customers from Buffalo, who bought collectibles from him in Clarance, have already started showing up at his new location to browse his expanded inventory.

The story contains a wide variety of pop culture items, from figurines for Star Wars, KISS (of course), Star Trek, Spider Man, Superman and Austin Powers to toys and games tied to many of the most popular movies and TV shows of the past 30 years.

"I guess I was born at the right time," Hume said. "I just got sucked up into the whole pop culture thing in the late '70s"

He acknowledges that his kind of specialty retail store can find it hard to survive. But he's hoping with his ability to keep his expenses low, expansive resources for obtaining new inventory, and a loyal following from his previous years in business, he can make a go of it at his new location.

Efforts to get a better look at what consolidation of  the city and town might look like is moving forward with the award of a $49,500 Government Efficiency Grant from the state.

City Manager Jason Molino said that the city has not yet received official notification of the grant, but once it does, city and town officials will meet to discuss the next steps.

According to a prior agreement between the city and town, officials must appoint, within 30 days of funding, an interview committee charged with recommending members for a Consolidation Charter Task Force.

Once a charter is written, the city and town will need to seek legislation in Albany to allow a referendum vote in both jurisdictions.

Molino said it's still the feeling in the city that consolidation is "worth looking at."

"That's been the mentality of everybody involved in the process," Molino said. "The mentality has been we have a chance to be handed a clean sheet of paper, so let's understand what can be put on that piece of paper."

The funding for moving forward with consolidation comes just a week after voters in the villages of Sloan and Williamsville in Erie County overwhelming rejected dissolution initiatives -- part of a statewide effort to, at least in theory, reduce the size of government.

Molino said he doesn't know why voters rejected dissolution, but he suspects a lack of information had a lot to do with it.

One of the flaws of the dissolution legislation, Molino said, is that it doesn't require any study or planning. Voters in towns and villages (the legislation doesn't apply to cities) aren't exactly told what will come next if their local government is dissolved.

"There was no plan in place," Molino said. "Whatever you do, whether it's put in sewers or sidewalks, you have to have a good plan in place in order to understand what you're getting into. That's true for dissolution or consolidation, too."

While conventional wisdom around the county is that residents in the Town of Batavia will never agree to consolidation, Molino said the only thing to do is develop a plan, educate the public and let the voters vote.

"It's not my job to predict how voters will react," Molino said.

The interview committee will consist of the city council president and two council members as well as the town supervisor and two town board members. The committee will select eight charter task force members -- four from the city, four from the town -- and each member must be unanimously approved by the selection committee.

Charter task for members cannot be a city or town elected official, a member of planning or zoning boards, an employee of the city or town, and spouse of any such person.

The task force will be asked to submit a draft charter by July 30, 2011 and a final proposed charter by Dec. 31, 2011.

UPDATE 5:15 p.m.: We were finally able to talk with Town Supervisor Greg Post today. Post echoed Molino's "clean sheet of paper" remarks.

"I’m interested in seeing what a new charter looks like," Post said. "That’s been my interest from day one. This is the first opportunity in my experience, and probably in more than 100 years, where a group of citizens from the local smallest entity there is can collaborate on a new charter."

Shawn Robert Hugar, 24, of Vandermark Road, Scio, is charged with DWI, a felony count of driving with a child under 15 in the car, driving with a BAC of .08 or greater, aggravated unlicensed operation of a vehicle and unsafe backing. Hugar was located at  12:55 a.m., Monday, on Route 77, south of Sumner Road, Darien, after backing his car into a ditch. Upon investigation, Sgt. Greg Walker found Hugar to be allegedly intoxicated and driving with a child in his car (a felony violation of Leandra's Law).

Tina M. Whitbeck, 43, of Penn Yan, is charged with a felony count of DWI, criminal contemp, 2nd, and aggravated DWI (drivng with a BAC of .18 or higher). State Police responded to a call at 8:40 p.m., Sunday, of a car partially blocking Pearl Street Road. The driver was also reported to be acting strangely. Upon investigation, Whitbeck's BAC was allegedly found to be .22. Whitbeck is also accused of traveling with a passenger that she was ordered to stay away from.

Jason Cleveland, 27, of Leroy, is charged with DWI and failure to keep right. Cleveland was stopped at 10 p.m., Sunday, by State Police on Route 77, Darien. Upon investigation, Cleveland was allegedly found to be operating with a BAC of .10.

Lansing H. Gardner, 35, of Lyndonville, is charged with DWI and driving with a BAC of .15. Gardner was stopped by State Police at 9:32 p.m., Sunday, on Colby Road, Darien.

Eric J. Goodwin, 31, of Lockport, is charged with DWI and driving with a BAC of .13. Goodwin was stopped at 12:45 a.m., Monday, by State Police, on Route 77 in Pembroke.

James E. Leair, 19, of Depew, is charged with unlawful possession of alcohol by a person under 21. Leair was cited by State Police at 7:30 p.m., Friday, on Sumner Road, Darien.

Keith A. Harman, 50, of Lancaster, is charged with DWI and aggravated DWI. Harman was stopped at 10:39 p.m., Friday, by State Police on Sumner Road, Darien.

Three Batavia men were injured in a weekend accident in Alabama, according to State Police.

None of the injuries were life threatening, but the driver, 23-year-old Adam L. Durfree, of Bank Street, Batavia, was charged with DWI.

Sgt. Kurt Schmidt said investigators concluded the accident was the result of alleged speeding and drinking.

Durfree's car struck a tree at 6324 Knowlesville Road, Alabama, after he apparently lost control of it and it slid off the roadway.

Also injured were William Morgan, 18, of North Lyons, Batavia, and Anthony Ogden, 18, of Holland Avenue, Batavia.

The accident occurred at 5:47 a.m., Saturday.

Durfree was treated and released at UMMC. Ogden was taken to UMMC and Morgan was taken to ECMC by ground ambulance. Schmidt said Morgan suffered multiple cuts.

A 17-year-old from Ellicott Street, Batavia, is charged with disorderly conduct and resisting arrest. The youth allegedly became involved in a verbal argument with another person during "Summer in the City." When police officers approached, the youth allegedly yelled obscenities at the officers. When the officers, who were on foot patrol for the festival, attempted to arrest the youth, the youth allegedly resisted.

John Martin King, 34, of Cockram Road, Byron, is charged with harassment, 2nd. King allegedly placed his hands around a woman's throat during an argument. King was jailed without bail and an order of protection was issued.

Joshua Stanley Martaus, 26, of Overlook Drive, Batavia, is charged with menacing, 3rd, harassment, 2nd, and possession of a controlled substance outside its original container. Martaus is accused of striking a female family member several times and causing fear of serious physical injury. He also allegedly choked her. Martaus was jailed on $500 bail.

Elizabeth Leach, 19, of Le Roy, and Cassandra Majors, 18, of Le Roy, along with a 17-year-old from Stafford and a 16-year-old from Le Roy, are charged with criminal mischief, 4th. The four teenagers are accused of vandalizing park benches on Main Street in Le Roy.

Tyler Ewell, 18, of Le Roy, is charged with unauthorized use of a motor vehicle. Ewell is accused of borrowing a car and not returning it within the "short period of time" he agreed to borrow the car. He was jailed on $250 bail.

Jeffery J. Cervone, 42, of Trumbull Parkway, Batavia, is charged with disorderly conduct. Cervone is accused of making verbal threats toward another person. He was jailed on $750 bail.

Jose Lopez-Torres, 21, of Oak Orchard Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, illegal entry, speeding and unlicensed operation of a vehicle. Lopez-Torres was stopped at 9:21 p.m., Saturday, on Route 98, Batavia, by Sgt. Brian Frieday. Lopez-Torres was handed over to the Border Patrol following his arrest.

Phyllis Arlene Brew, 40, of 6741 Main Road, Stafford, is charged with harassment, 2nd. Brew was arrested following a report of a physical altercation between mother and daughter. Brew was jailed on $500 bail.

John Alfred Jensen, 43, of 5751 Little Canada Road, East Bethany, is charged with criminal possession of a controlled substance, 7th. Jensen was arrested following a report at 7:01 a.m., Saturday, of a man sitting in a car drinking on Federal Drive, Batavia. Upon investigation, he was allegedly found in possession of a controlled substance.

William Floyd Engle, 43, of Sackett Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, refused breath test and unsafe start. Engle was allegedly involved in a motor vehicle accident at 1:08 a.m., Sunday. He is accused of driving his motorcycle while intoxicated.

Brenda Lea Freida, 43, of Munger Road, Holley, is charged with DWI and unlawful parking on a highway. The Sheriff's Office received a report of an unresponsive woman in a vehicle in the parking lot of Batavia Downs at 4:05 p.m., Saturday. Deputies responded with Mercy EMS. Upon investigation, Sgt. Greg Walker concluded that Freida drove her 2000 Jeep to the parking lot in an intoxicated condition and parked in a driving lane. Freida also allegedly refused a chemical test.

William A. Muoio, 39, of Byron, is charged with a felony count of DWI, driving with a BAC of .08 or greater, failure to obey traffic control device, driving while using a mobile phone, and running a red light. Muoio was allegedly observed by Le Roy Police Officer Emily Clark talking on his phone while stopped at a green light. Clark then reportedly observed Muoio drive through a red light.

Kristina Marie Green, 22, of Buffalo Street, Attica, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Green is accused of being involved in a single-car accident on Alexander Road, Alexander, at 3:25 a.m., Saturday.

Robert C. Hinett, 22, of 5682 McPherson Point, Livonia, is charged with DWI, aggravated DWI - driving with a BAC of .18 or greater, and failure to yield right-of-way when entering roadway. Le Roy Sgt. Michael Hare reports that Hinett nearly hit Hare's patrol vehicle at 3:45 a.m., Saturday, when Hinett attempted to pull out in a lane of travel, causing Hare to break abruptly to avoid a collision. Upon investigation, Hinett was allegedly found to have a BAC more than three times the legal limit.

Batavia Fire is responding to a report of a transformer arcing in front of the Richmond Memorial Library, 19 Ross St.

UPDATE 11:01: p.m.: National Grid requested to the scene. It's described as primary wires arcing at the top of the pole.

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Thank you again to Dr. Russ and Dr. Marcella for your generosity given to the community and a special thanks to their spouses too!  God Bless you all!

Food, music and a day out with your friends and neighbors -- Downtown Batavia's 6th Annual Summer in the City festival appeared to be a success on all of those counts yesterday.

Main Street was bustling all afternoon and into the evening.

More photos after the jump:

Thanks to Abby Scalia and Samantha Luce for helping with balloons at The Batavian booth.