batavia

A Tim Horton's is only the first phase of planned development for a parcel of property wedged in between Lewiston Road, Main Street and Colonial Boulevard, the developer revealed Tuesday night at a Town of Batavia Planning Board meeting.

Besides the coffee shop, Benderson Development Co. plans to erect a retail building and a drive-thru ATM location.

No tenants have been found for those uses, yet, said Matthew J. Oates (photo), the company's chief engineer, but the company didn't want to surprise planners later, after Horton's is approved -- assuming it is -- with an expanded development.

Kathy Jasinski, board chairwoman, said the town only found out about the planned additional uses on Monday.

Benderson has recently completed a traffic study covering the anticipated impact of both Tim Horton's and the proposed retail location and those results were turned over Monday to the town and the DOT for analysis.

Town Engineer Steve Mountain said that traffic study will be given to the town's traffic consultant for review.

Traffic was one of the chief concerns raised by town residents, primarily those on Colonial Boulevard, who attended Tuesday's public hearing on the Tim Horton's plan.

Lewiston and Main is already a congested intersection and traffic patterns down Main Street can make it difficult, Colonial Boulevard residents said, to get on and off their street.

What that traffic impact will be and how any problems might be mitigated remains an open question until both the town's consultant and the DOT complete an analysis of the traffic study.

The board made no decision about the planned development, but did begin the process of declaring itself the lead agency for environmental review purposes.

Residents also expressed concern about light and noise coming from the 24-hour operation.

Amy DiSalvo said her house is right next to the proposed Tim Horton's location and she's concerned about parking lot light spilling over onto her property as well as headlights shining on her house.

Oates said the position of the building will act as a buffer for headlights and noise for Colonial Boulevard residents, and Bob Bender, real estate project planner for Tim Horton's, said the project will use "dark sky lights," which will have zero spill over onto adjacent property.

The stop-and-go lights at Lewiston and Main weren't doing a great job this afternoon of managing traffic. Drivers were pretty much on their own in the congested intersection to take turns based on the flashing yellow for Main Street cars and the flashing red for vehicles on Lewiston Road. The DOT has restored the lights to proper operation now.The exact cause of the technical problems has not been released.

Edward Jordan White, 17, is charged with criminal possession of stolen property, 3rd, and burglary, 3rd, after he allegedly stole a Ford pickup truck and then some gas cans from a garage on Monday. He lives on East Main Street in Batavia.

It is alleged that he took the truck from Ellsworth Avenue in the city and then drove to West Main Street Road in the Town of Batavia where he allegedly entered an unattached residential garage and stole three gas containers in order to fuel the truck.

He was apprehended by law enforcement officers after he abandoned the truck and fled on foot. He was arraigned in Town of Batavia Court and then booked into county jail. He is to appear in town court at a later date.

The incident was investigated by Sheriff's deputies Ferrando and Nati.

Press release:

The Royal Rangers and the Batavia Assembly of God have put together a team to go to Island Park in NYC to help work on houses that were affected by Hurricane Sandy. 

We will be leaving on December 6th. This will be our second team that has been sent to that area. 

Our work will consist tearing out drywall, insulation, flooring and anything else that was damaged by the water. The community that we will be going to got power back just over two weeks ago. The need is still very great with very few people able to live in their homes.

We are looking for donation: Ensure, water, baby food, baby formula, diapers, small bags of pet food, winter hats, winter gloves/mittens, scarves, sneakers, winter boots, new winter socks, coats, jackets, new blankets, hand sanitizer, large heavy-duty garbage bags, dish soap, paper towels, toilet paper, cleaning gloves, face masks, Lysol disinfectant, Clorox wipes, bleach, mops and pails.

Beacuse it is the Christmas season we are also asking for homemade Christmas cookies. These cookies will be dropped off at the volunteer fire department so that they may hand them out. These people have lost everything!

Donations mybe dropped of at the Batavia Assembly of God Church at 24 N. Spruce St. in Batavia. Please have all donations at the church by Dec. 5th. Thank you for your support.

A car has struck a pedestrian at East Main Street and Cedar Street.

The victim suffered a minor injury. He is up and walking around rubbing his leg.

City fire and Mercy EMS dispatched.

A new charge has been filed against a 29-year-old Batavia resident accused of taking a 16-year-old girl out of state for a sexual relationship.

Timothy Michael Logsdon, of Dewey Avenue, Batavia, was arraigned Monday in Town of Batavia Court on a charge of endangering the welfare of a child.

On or about Sept. 29, Logsdon is accused of taking a teen out of state for the purpose of having a relationship with her.

Logsdon is being held by federal authorities. It's unclear what federal charges Logsdon is being held on.

Kentucky State Police took Logsdon into custody at the end of September in Bowling Green and Logsdon was returned to Genesee County.

He was located after FBI agents tracked his mobile phone activity.  The case began with a complaint by the girl's parents to authorities.

A 42-year-old Porter Avenue resident is in custody facing multiple criminal charges following a high-speed chase Monday night on the Thruway that covered 43 miles, both west and east, and reached speeds of 107 mph.

The chase ended at the toll booth road and Route 98, Batavia, when Ronald L. Worthington allegedly rammed a State Police car not once, but twice, and Worthington's sedan became disabled.

It already had two driver-side flat tires from hitting spike strips placed on the westbound Thruway exit by a deputy.

Worthington is charged with DWI, resisting arrest, criminal mischief, reckless endangerment, speeding and numerous other vehicle and traffic law violations, according to the State Police.

He was arraigned in city court and ordered held in the Genesee County Jail.

The chase started in the westbound lane of the Thruway, mile marker 401 in Pembroke, at 10:48 p.m.

Worthington allegedly continued west until reaching the toll booth plaza in Williamsville, at which point, the white sedan made a U-turn and headed back eastbound on the Thruway.

State Police units assigned to Troop A, Batavia, were dispatched to the Thruway. Deputies were sent to the Batavia exit -- knowing the suspect was driving a vehicle registered to a Porter Avenue resident -- and a deputy deployed the spike strips just minutes before the suspect reached Batavia.

After running over the spike strips, through the toll both and ramming the trooper car, the white sedan came to a stop and police officers from the State Police, Sheriff's Office and Batavia PD descended on the vehicle. The window on the driver's side was smashed out and officers grabbed Worthington and pulled him out of the vehicle.

Worthington was treated by Mercy EMS personnel for minor cuts caused by broken glass.

At this time, there is no report of a Taser or similar device being used to subdue the suspect.

(Initial Report)

State Troopers are in pursuit of a vehicle eastbound on the Thruway and a deputy has been requested to the Thruway off-ramp to set up a spike strip.

The chase just passed the Route 77 overpass.

The car is reportedly registered to a Porter Avenue resident.

UPDATE 11:15 a.m.: The vehicle made it past the toll both and is now stopped on Route 98. The subject is in custody.

UPDATE 11:32 p.m.: Ambulance requested the State Police, Batavia Barracks, for minor lacerations on the suspect.

A young black male, possibly Hispanic, was the subject of a police pursuit after a caller told dispatch he was observed stealing gas cans from a residence on West Main Street Road and attempting to fill up a maroon two-tone pickup truck with gasoline.

He's now in custody after he hopped a fence at the Batavia Meadows apartment complex and ran behind Valu Plaza, jumped into the Tonawanda Creek and climbed up the other side.

He dropped something along the way and law enforcement is looking to recover it, possibly a blue duffle bag and some other sort of bag.

He's said to be wearing blue jeans, a black coat with yellow on the sleeves, and a black hat.

He was captured after he went up Meadowcrest Drive and "he is looking at felony charges." Multiple law enforcement units responded to the call.

Nicole M. Bilby, 26, of 3476 W. Main St. Road, Batavia, is charged with trespass and resisting arrest. Bilby was allegedly unruly and disruptive while at the Batavia PD at 9:05 p.m., Friday. Officers directed Bilby to leave several times and she allegedly refused to leave. When taken into custody, Bilby allegedly resisted arrest. Bilby was jailed on $1,000 bail.

Joshua L. Baltz, 36, no residence provided, is charged with criminal contempt, 1st, endangering the welfare of a child and harassment, 2nd. Baltz is accused of offensive conduct in violation of an order of protection. Baltz allegedly called the protected person derogatory names and postured in a threatening manner. A child was reportedly present at the time. Baltz was jailed on $5,000 bail.

Rae C. Cook, 23, of 218 Ellicott St., upper, Batavia, is charged with harassment, 2nd. Cook is accused of threatening and pushing another person while at UMMC at 3 p.m., Saturday.

Tasshire T. Brown Sanders, 18, of 7 Caffery Place, Rochester, is charged with disorderly conduct. Brown Sanders is accused of standing in front of a residence on Oak Street and shouting obscenities and refusing to leave the area.

Eric D. Mancuso, 18, of 20 Woodrow Road, Batavia, is charged with unlawful possession of marijuana. Mancuso was allegedly found in possession of marijuana during at traffic stop at 10:33 p.m., Saturday, by Sgt. Dan Coffey.

Dan'l R. Fischer, 35, of 139 Jackson St., Batavia, was arrested on a bench warrant after allegedly failing to appear for a court date. Fischer was incarcerated in the Livingston County Jail at the time of his arrest.

Jeffrey Lynn Hayes, 48, of Meadow Circle, Avon, is charged with criminal possession of a controlled substance, 7th. Hayes was turned over to the Sheriff's Office on an arrest warrant out of Town of Byron Court.

The first part of the old farmhouse at 7694 Batavia Stafford Townline Road was built before the Civil War. Today, all of those years became ashes in a controlled burn conducted by the Town of Batavia Fire Department that capped a morning training session at the structure.

Firefighters showed up at the former Dorman family farmhouse early this morning and conducted several interior firefighting exercises.

Town of Batavia Fire First Assistant Chief Nathan Fix said some of the fires really got going, and all were knocked down by interior firefighters in training.

"We had fireman who got to see real fire in real conditions for the first time," Fix said. "We had at least 10 firefighters here who never experienced real fire, real heat, before."

Volunteers from Batavia as well as Bethany, Byron, Bergen, Corfu, South Byron, Oakfield and Elba all participated in the morning exercises.

Bergen's ladder truck was then set up in position to help contain the anticipated inferno, as well as a handful of charged fire hoses, then using road flares, Fix set the structure on fire.

Once the house was ablaze, the firefighters were give a chance to do something that never happens at a real fire scene -- pose for a group photo in front of the burning building.

It took more than an hour for the structure to be completely consumed.

Mark Hare, who was about 5 when his family moved into the house in 2000, made a video of the destruction of his childhood home while his mother, Dawn Hare, looked on. Andy Hare, a retired city firefighter, is in Georgia and couldn't be here for the fire. The Hares' daughter is also out of town.

The Hares built a new home on the hill behind the old farmhouse two years ago, and it's now for sale.

Dawn said the whole family was sad to see the old house go, but it had to be done. The structure had numerous deficiencies and had deteriorated beyond repair. Even when the Hares lived in it, there was no heat on the second floor, the kitchen sink backed up every winter and the electric was out of date.

Fix said it took him six months of work to get all of the proper permissions to burn down the structure, including insurance letters, letters from every utility company that ever serviced the house, the Hares themselves and the DEC.

Since all of the proper paperwork was only recently completed, and it's the onset of winter, the fire department decided to do all of its training and the final bonfire in a single day.

If you're unable to view the slide show below, click here. 

There are 10 black and white photos in the slide show. They were shot with a Nikon F4 and Illford XP2 film.

To purchase prints of these photos, click here.

A motor-vehicle accident has been reported in the area of 56 River St., Batavia.

Two vehicles involved with air bag deployment. An elderly woman has a complaint of nose pain.

Batavia fire and Mercy EMS responding.

Town of Batavia fire is on scene of what started as an automatic alarm of fire, but upon arrival there was smoke in the building.

No flames have been reported at this point.

The location is on Route 98, but we didn't get details on the original dispatch ("alarm of fire" is pretty much always a false alarm).

Town of Batavia's ladder truck is out of service, so Le Roy's ladder is responding mutual aid.

Oakfield is requested to the Town of Batavia fire hall to fill in.

Crews are investigating the structure and there is a smell of smoke at the front of the building, but nothing has been found yet.

UPDATE 6:20 p.m.: Source located (didn't hear what it is), but all units still responding can back it down to non-emergency mode.

UPDATE 6:25 p.m.: Le Roy and Oakfield back in service.

UPDATE 6:31 p.m.: Burned out electrical strip. No damage to the structure.

When I interviewed retired State Police Investigator Leo Hunter for an article on his career and his family, Leo told me a secret and made me promise not to include it in the story: He and his fiancé Dawn Rindel were going to get married at the end of the retirement ceremony.

Judge Robert C. Noonan, who MC'd the retirement party and then officiated the wedding, quipped that Hunter didn't do a very good job at keeping a secret. At least half of the 300 or so people at the party at the Clarion Hotel on Friday night knew what was coming.

With all of Hunter's six children, his sisters and many friends present, Hunter and and Rindel exchanged vows and were pronounced by Noonan husband and wife.

After the service, each of Leo's children spoke briefly and said how proud they were to have Dawn as part of their family now and thanked their father for being a great dad.

A State Street resident involved in a brief standoff with police after he allegedly fired a shot from a .357 magnum in his rooming house is facing three criminal charges.

Dennis G. Wolfe, 51, of 218 State St., Batavia, is being held without bail on charges of criminal possession of a weapon, 3rd, reckless endangerment, 1st, and menacing a police officer.

Officers responded to 218 State St. at 3:52 p.m. after receiving two 9-1-1 calls from neighboring tenants who said they heard a single gunshot from inside the building.

Within minutes, Wolfe was located in room #10 and the responding officer radioed for backup, reporting that Wolfe was holding a gun.

According to police officials, Wolfe allegedly pointed the gun alternately at himself and a police officer.

After about 15 minutes of negotiations, Wolfe was convinced to drop the weapon.

According to police, Wolfe was involved in an ongoing dispute with a neighbor and was being evicted from the rooming house as a result.

Nobody was injured in the incident.

The investigating was conducted by Sgt. John Peck, Det. Paul Caffo, Det. Todd Crossett, Det. Kevin Czora, officers Thad Mart, Kevin DeFelice, Matt Lutey and Jamie Givens.

Also responding to the scene were deputies and troopers.

There are numerous locally owned shops in Genesee County that are ready to lift your spirits this holiday season, including our locally owned liquor stores.

Our locally owned businesses give to the community all year long. During the holiday season is a time to give back by keeping your hard-earned dollars in our local community and shopping locally as much as possible for your gift and entertaining needs.

Above, Christine Crocker, owner of YNGodess.

Chris Blossom, West Main Wine and Spirits

Priya Rathod, Mr. Wine and Liquor

A standoff is in progress wherein Batavia police are on scene at 218 State St. and a man with a gun is in Room 10, refusing to come out. Not long ago a caller to dispatch reported hearing a gunshot, possibly from a .357-caliber weapon, in that area.

City traffic on State Street is being stopped at North Street and Fairmont Avenue.

UPDATE 4:08 p.m.: The subject is now in custody. Police in the area will remain in place until it can be confirmed that the building is clear.

UPDATE 4:14 p.m.: The traffic stops are cleared and the roads reopened.

UPDATE 4:52 p.m. (by Howard) : The man who allegedly had the gun -- his name has not been released yet -- will likely be charged with reckless endangerment, according to Chief Shawn Heubusch. The suspect is at the police station being questioned by detectives.

Investigators on scene were also taking evidence kits into the building, but Heubusch said there are no details available on what kind of evidence they might be gathering.

Nobody was hurt in the incident.

When police officers arrived, Heubusch said, they found a man holding a gun and managed to talk him into surrendering the weapon.

He characterized the officers' work as exemplary.

"The officers did exactly what they needed to do protect themselves as well as all the other residents of this building as well as the suspect," Heubusch said.

UPDATED, 3:56 p.m.

A NYS Supreme Court Justice has stayed the five-year prison term of Jacquetta Simmons pending an appeal of her sentence. The 27-year-old Batavia woman was convicted of punching a 70-year-old Walmart cashier a year ago Christmas Eve.

Simmons can be released from prison on either $50,000 cash bail or $50,000 bond or other security.

District Attorney Lawrence Friedman and ADA Melissa Cianfrini appeared in the chambers of Associate Justice Rose Sconiers, Appellent Division, 4th Department, this afternoon to argue against defense motions in the case.

Friedman said Sconiers isn't required to offer a reason for issuing the stay, but the argument that seem persuasive to her was the defense contention that Simmons' sentence was overly harsh.

Three attorneys represented Simmons, Friedman said, and argued that no other first-time felony offender convicted of second-degree assault in Genesee County since 2006 has received a prison term.

Two of the attorneys for Simmons said this afternoon that there were several reasons they believe the sentence was overly harsh, including all of the arguments raised by Attorney Ann Nichols in her statement to Judge Robert C. Noonan at the sentencing.

Among the factors -- she said she believes Noonan should have given more weight to Simmons' lack of documented encounters with the law, her college education, her steady employment, her volunteer work in the community and the broad range of support from "people who actually know her."

Attorney Earl Key added, "There are lots of things in our report that were raised at sentencing, but we put the law behind them and really detailed the law on what harsh and excessive is."

The defense team is also pursuing an appeal on the conviction of Simmons, and still believe they can get the conviction overturned, but Key said they led off today with the issue of the sentence.

Friedman said he and Cianfrini could have argued the case over the phone, but went to Buffalo to represent the people of Genesee County and the victim, Grace Suozzi, in person, rather than let only the defense appear in chambers.

The defense has until May 31 to finalize its motion and present its legal briefs.  Assuming Simmons makes bail, she could be out of prison until a ruling on the motion is issued.

Key said the actual order by Sconiers hasn't been signed yet, and until he has it in hand, he declined to discuss the process by which Simmons might be released from prison.

It's "all about the Beef" Saturday, Dec. 1, at Batavia Downs where there will be a benefit for popular and beloved youth sports coach James "Beef" Soggs.

He is ill and needs assistance with his medical bills.

Admission to the event, to be held in the Paddock Room, is $20 and you get $10 in free casino play upon entry.

Time is 7 to 11 p.m. and music will be provided by Unruly and venue DJs.

Attendees will get a chance to win an overnight stay at the Clarion Hotel in Batavia, a buffet meal for two at the clubhouse, and $25 in free casino play. There will also be basket raffles.

Food will include pizza and wings, pasta and meatballs, and salad.

Donations are most welcome!

The eighth race will be dedicated to Beef and a family picture will be taken.

Batavia Downs is located at 8315 Park Road in Batavia.