batavia

City firefighters are responding to investigate the smell of smoke in the lower front apartment at 415 Ellicott St. This may be related to an electrical problem.

UPDATE 1:02 p.m.: City fire is back in service.

A decades-old tree was removed from the banks of the Tonawanda Creek today and the property owner hopes people understand -- it wasn't by his choice.

The tree removal is part of the Department of Environmental Conservation's effort to control flooding along the Tonawanda.

The location is off South Main Street Road, just east of the intersection with Fairway Drive (see map below).

Nate Fix, who owns Rebel Liners on West Main Street Road, bought the nine-acre parcel in 2005. Most of the land can only be used for agriculture. He can never build on it because of a DEC easement.

The DEC contacted Fix and told him about the tree removal and plans to cut away and deepen the creek bank.

"It was a beautiful old tree, but I understand why they're doing it," Fix said.

A few years ago, Fix said, floodwaters rose to about 4 feet on his property.

Mark Malinoski, DEC director of operations, said today that the project will provide more capacity for the Tonawanda in that section of the creek, which makes an abrupt right turn there before turning again sharply toward the west.

The improvements were recommended by the Army Corps of Engineers.

Besides removing several tons of soil, the DEC contractors will strategically place bolders along the creek in order to dissipate the energy of water flow to slow erosion in that section.

The creek bed has moved several feet north since the 1930s. In fact, Fix's property line actually extends into the creek, which is anomaly along the creek through Genesee County.

Throughout most of the county, the creek and a bit of bank on each side are public property.

"I pay taxes on that portion of the property, too," Fix said.

The tree came down, Malinoski said, because of its proximity to the creek bank.  Such trees actually speed up the erosion process because the water bores in at the roots and hollows out the bank around the roots.

Fix said the DEC offered him the wood from the tree as well as all the topsoil being removed. Fix gave the solid to his neighbor Bob Dickinson, owner of Dickinson Auto Service. Dickinson said he was thrilled to get the soil, which is filling in a large depression in the back of his lot.

Stephen A. Lewis, 31, of Corfu, is charged with disorderly conduct. Lewis is accused of fighting and violent behavior. The alleged incident was reported at 5:59 p.m., Tuesday, at 8132 Buffalo Road, Bergen. Lewis was held without bail.

Robert Lee Ealey, 26, of Phelps Avenue, Rochester, was arrested on a county court bench warrant. Ealey was released from the Monroe County Jail and turned over to the Sheriff's Office. Ealey was jailed pending arraignment.

Cody L. Amrhein, 20, of Alexander, is charged with assault, 3rd, and menacing, 2nd. Amrhein was arrested by State Police stemming from an alleged incident at 9:02 p.m., Tuesday. Amrhein was released on his own recognizance. No further details were released.

Regarding yesterday's accident on Route 98, the drivers involved where Daniel J. Dragon, 26, of Albion, and Wanda A. Pangrazio, 47, of Albion. The State Police Web site lists no citations issued nor arrests made. The Trooper who handled the investigation is out of the office today, so no further details are available.

The Notre Dame Girls Softball Team won the Far West Regional Championship today after defeating Forestville Central High School, 7-2.

Carly Pike fanned 10 and surrendered only five hits.

The team is now 19-7 on the season.

Notre Dame now moves on to the state semi-finals.

Photo submitted by Scott Grefrath.

A two-car accident with possibly one minor injury is reported at Route 98 and West Saile Drive. It is partially blocking the roadway. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 3:30 p.m.: A responder says extrication will be needed.

UPDATE 3:32 p.m.: A second ambulance is requested. One vehicle has heavy front-end damage and will require a flatbed tow.

UPDATE 3:34 p.m.: The driver of a gray car in a ditch will require extrication.

UPDATE 3:36 p.m.: West Saile Drive is being shut down completely.

UPDATE 3:45 p.m.: An accident investigator is called to the scene. Some responders are put back in service.

UPDATE 3:53 p.m.: One medic is back in service after patient refusal of treatment.

UPDATE 3:55 p.m.: The other medic is transporting two patients to Strong Memorial Hospital.

UPDATE 4:11 p.m.: Town of Batavia is back in service.

UPDATE (by Howard): A witness said he saw the accident in his rearview mirror.  He said the black car turned right off West Saile Drive and swerved, for no obvious reason, into oncoming traffic. Even before the car started to swerve, he said the silver car was slowing down. The driver of the silver car needed to be extricated. Both the driver and her passenger were taken by ground ambulance to a hospital. The driver of the black car was not injured. We'll try to get an update from the State Police later.

Press release:

Robert Morris Elementary School in Batavia will be sharing the limelight with the old "red, white, and blue" on Flag Day -- June 14th. The students, as well as the faculty, staff and administration will participate in a joyful ceremony at Van Detta Stadium celebrating the transition each of them will be making in the upcoming 2012-2013 school year.

Robert Morris Elementary School will be closing its doors as of July 1st, and the Robert Morris Family will be turning their focus toward the future. The celebration will take place at 1:45 p.m., and is opened to anyone who would like to attend.

The Robert Morris Family would like to extend a special invitation to any, and all, of the staff/faculty from Robert Morris's past to join in the celebration. Robert Morris would like their students to remember that just as it is important to know where it is they are going, it is equally as important in knowing where it is they have been, and the school's history is rich with individuals who have helped make Robert Morris what it is today.

If you are a retired Robert Morris staff member, or a former Robert Morris student, and you are planning to join us on June 14, please gather at the entrance of Van Detta Stadium, by the large parking lot between 1:30 and 1:45 p.m. and someone will be there to greet you.

(The stadium is located at 120 Richmond Ave. in the City of Batavia.)

The Special Olympic torch was carried from Elba to Batavia today by a group of runners -- mostly members of the local law enforcement community -- with a stop at Woodward Field for a run around the track with Batavia fifth-graders.

The torch was carried from Genesee ARC's location in Elba to ARC's main facility on Walnut Street.

The fifth-graders were at Van Detta Stadium today to participate in a variety of track and field competitions, but mostly the event is about helping the Class 2019 get to know each other as they transfer from three different elementary schools into a single middle school.

The children also heard remarks by some Special Olympic athletes.

A young Batavia mother who was among the first people in the state charged under Leandra's Law for driving under the influence with children in the car will spend a year in jail for violating probation by allegedly driving drunk again.

Michelle T. Crawford, 26, of 7963 Batavia Stafford Townline Road, sobbed throughout the court proceedings this morning and asked Judge Robert C. Noonan for another chance at rehabilitation.

Besides the violation of probation conviction, Crawford is still facing charges that she drove drunk March 8 and was involved in a rollover accident in Byron. Crawford was seriously injured in the accident and had her jaw wired shut for a period of time as a result.

Crawford was on probation, having recently completed one alcohol treatment program, at the time of the accident. While she wasn't convicted under Leandra's Law on the prior case, which was heard in Erie County, Crawford was found guilty of driving under the influence and three counts of endangering the welfare of a child.

In court today, Crawford's attorney said his client has a serious drinking problem and needs treatment, not jail time.

"Jail isn't going to fix Ms. Crawford," Attorney Louis P. Violanti said. "I realize society may demand jail time, but without treatment, she's going to end up doing life on the installment plan, one year at a time, three years at a time, until one day she wakes up and she's in her 60s and her life is gone and her children are grown."

Violanti said Crawford was recently accepted to an in-patient program and that her rehabilitation would be a long-term process.

When Crawford spoke, she cried through all of her statement.

"If I don't get this under my thumb, I'm never going to have my family," Crawford said. "Please let me be able to do this. Please from the bottom of my heart. I'm a good person. I just made poor choices and I just want to go home to my family and the people that I love. And I want to prove that I can be successful in life and not be harmful to anybody else, including myself."

Noonan said if Crawford was appearing before him for just the first time he would be a lot more sympathetic to her plea to be with her children, but Crawford promised Noonan once before, he said, to follow the orders of the court and then apparently violated them.

"You're very lucky you didn't kill a family or somebody else in your alcoholic stupor," Noonan said. "Now you must face the consequences.

"We're all very interested in doing something that will get Michelle Crawford going in the right direction in life," Noonan added, "but right now you must be punished."

The year in jail -- Crawford has already served about three months -- is the maximum penalty under the sentencing guidelines for her misdemeanor convictions.

Crawford still faces a misdemeanor DWI charge and a felony count of aggravated unlicensed operation.

Noonan said he and the attorneys are trying to come up with a plan for Crawford on those charges that will satisfy justice and get her help.

A 67-year-old Batavia man has been charged with public lewdness after allegedly being caught masturbating in the infants section at Kmart.

Michael John Liptak, of Pratt Road, was also charged with criminal mischief, 4th.

The incident was reported to the Sheriff's Office at 5:49 p.m., Monday.

Liptak was issued an appearance ticket on the charges.

(Initial Report)

Brian Wolff made the video above and posted it to PhotoBucket. It contains some photos of old Batavia I don't remember seeing before.

City Manager Jason Molino got a warm reception Monday from the board of Batavia city schools when he pitched the idea of extending a pair of tax exemptions for property owners who make improvements.

The city council has already passed the exemptions and now Molino is trying to get both the school board and the county legislature to follow suit.

Getting the exemptions extended to the other agencies would "help us do a better job of marketing the exemptions," Molino said. "It would make it a much more attractive incentive."

One exemption applies to commercial or residential property owners and has been on the books in Batavia for some time. It would provide a tax abatement on the increased assessment that might result from restoration or significant improvements to a property.

Putting on a new roof, for example, wouldn't qualify, but if a property owner who resided there, installed a new roof, put in new windows and made other repairs to a rundown property, it could qualify for tax abatement.

An addition to a property that drives up the assessed value would also qualify.

The second exemption applies to owners of commercial property who convert the property to mixed use and include residential.

For example, a three-story downtown building that remained retail on the first floor but was converted to residential on the second and third floors would qualify.

The exemptions work like a PILOT (payment in lieu of taxes) in commercial development where the property owner continues paying taxes at the same rate on the original assessed value of the property, bu gets a graduated break on the taxes related to the increase in assessed value over a period of years.

The program, according to Molino, is designed to foster improvements to local property and drive the city's strategic goal of bringing more residents into Downtown Batavia.

No board members spoke against supporting the proposal.

The district's attorney will need to draft resolutions in order for the school district to adopt the exemptions.

"Anything we can do to strengthen the housing stock in the City of Batavia, we should absolutely be doing," Trustee Steve Mountain said.

A man is reportedly "touching himself inappropriately" in the infants' section of Kmart. Law enforcement is responding. He is described as an "older" person with red hair, having a "larger build," wearing jeans and a plaid hoodie. He is also believed to be intoxicated. The store is located at 8363 Lewiston Road in the Town of Batavia.

Rodney L. McKenzie, 47, of Orangeville, is charged with two counts of menacing, including a count that alleges the use of a weapon. McKenzie was arrested by State Police in connection with an incident reported at 11:20 a.m., Sunday, in the Town of Alabama. No further details were release.

Paul H. Burch, 32, of Townline Road, Byron, is charged with DWI, driving with a BAC of .08 or greater and speeding. Burch was stopped by Le Roy Police Saturday in the Village of Le Roy.

Roger K. Rumble, 27, of Lake Street, Le Roy, is charged with DWI, aggravated DWI, aggravated unlicensed operation, refusal to take a breath test and speeding. Rumble was stopped by Le Roy Police Saturday in the Village of Le Roy.

Marche La'Shon Brown, 26, of Doran Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Brown was stopped at 3:15 a.m. Sunday on Route 98, Batavia, by Deputy Matt Fleming.

Coretta Melissa Pitts, 44, of Swamp Road, Byron, is charged with criminal contempt, 2nd. Pitts was allegedly at the residence of a person she was ordered not to contact.

Jeffery M. Johnson, 24, no permanent address, is charged with menacing, 3rd. He was arrested by State Police for an incident reported at 11:27 a.m. Sunday in Oakfield. Johnson was held in jail.

Jerod P. Norcross, 33, of Batavia, is charged with criminal mischief. Norcross was arrested by State Police in connection with an incident reported at 3:50 p.m., April 11, in Alexander.

Michael J. McCarthy, 24, of Pembroke, is charged with DWI, driving with a BAC of .08 and inadequate plate lamp. McCarthy was stopped by State Police at 2:35 a.m. Saturday in the Town of Batavia.

A Southside resident says a suspicious character came to his back door at 1:30 in the morning Saturday and claimed to be a detective investigating a report of a robbery at that address.

The resident, home alone watching TV, said the man was wearing a black hat, trench coat and carrying a cheap flashlight.

The resident called police and multiple units responded to the area but did not locate the suspect.

Det. Todd Crossett said the man did the right thing in calling 9-1-1.

"If we show up, we're going to be carrying identification and we don't wear hats," Crossett said. "We don't wear trench coats. When somebody shows up at your house at 1:30 in the morning, use extreme caution."

Crossett said when you get unexpected visitors in the middle of the night and you don't recognize them, can't see them, or don't see a car outside that your recognize, it's best not to open the door and to call emergency dispatch.

"Absolutely, give us a call," Crossett said. "We'll check it out. If it's a legitimate person who is trying to get ahold of you, well, then, OK, but absolutely give us a call."

The potential victim said the man told him, "I'm here to investigate a burglary. You need to let me in."

When the resident told the man he was calling 9-1-1, the man responded, "I am 9-1-1."

A Wichita, Kan., resident was convicted Friday in federal court of one count of enticing a teenage girl to send him sexually explicit photos of herself.

The teen was from Batavia and Det. Todd Crossett and Office Jay Andrews helped bring the man to justice.

"He was definitely a sexual predator," said Crossett, who, along with Andrews, was in Wichita last week to testify at the trial. "He had a past history of doing this sort of thing and he does it again soon after he gets out of prison. That indicates the kind of person he is."

The man, Shane M. McClelland, 26, faces a mandatory minimum sentence of 25 years in federal prison, and perhaps a life sentence.

The 14-year-old girl from Batavia testified at the trial and identified McClelland as the man she had seen in Web cam pictures.

According to prosecutors, McClelland over the course of days, pressured and persuaded the girl to email him nude photos.

Crossett testified about the chain of evidence and his exchange of text messages with McClelland while posing as the 14-year-old girl.

The case, Crossett said, that in this day-and-age, sexual predators are always close by.

"This is an example of what can happen if kids and parents aren't careful," Crossett said.