batavia

In some respects, Jim Johnson has come a long way. In another, he's moved no further than a block down the road.

Johnson opened his own auto repair shop on West Main Street Road, Batavia, in August 2000 with nothing more than a floor jack and a tool box.

This month, Johnson moved into a spacious new location with four bays.

The new location for Johnson Automotive Repair will be more appealing to customers, Johnson said. For one thing, it has a nice, real waiting room that is heated. 

That's a big step forward for Johnson's business.

"I knew as a customer, I don't want to send my wife into a shop where you really didn't have a waiting room, or they called it a waiting room, and you have to sit and freeze," Johnson said. "Now we have a nice waiting room."

In the old location, Johnson crammed three hoists into a space perhaps best suited for only two into a herringbone configuration. One couldn't even go up all of the way, so Johnson or his mechanics had to work on their knees if repairing a car from underneath it.

A customer who needed an oil change would be asked to make an appointment two or three days in advance.

Now Johnson has three hoists for repairs and a separate bay set up exclusively for oil changes and lubes, no appointment necessary.

The new shop is located at 4007 W. Main Street Road, Batavia.

In the craft business since 1998, Andre Gliwski Jr. thinks it's time to settle down.

Rather than setting up a booth at a different community festival each weekend, Gilwski has opened a craft store in Downtown Batavia, at 220 E. Main St. and is hosting an open house this Friday and Saturday.

Working out of a single location isn't just a better lifestyle for a young father (Gilwski and his wife have children ages 1 and 2), it's better for building relationships with customers.

"You have a better following when they know where you're at rather than trying to chase you down," Gilwski said.

Currently his shop, A.J.'s Crafts, stocks only items that he has made, or his mother or wife have made.

Among the kind of things Gilwski enjoys making are jewelry, clothes, blankets, bean bags, hair stretchies, catnip toys, tooth-fairy pillows and scarves.

He said he can make or have made pretty much any custom item a buyer might want.

His mother has been slowed by arthritis, but there's a table in the store filled with her handmade needlework items.

Gilwski's wife also makes jewelry and helps with some of the product finishes on Gilwski's work.

"I like crafts because they're all handmade and not made in other countries," Gilwski said. "It's something I enjoy doing and I enjoy the look on a customer's face when they buy something I've made. It's something different than what you'll see at Walmart or Kmart or some other Big Box store."

With a free throw in the second quarter against Greece-Arcadia, junior guard Tiara Filbert became -- school officials believe -- the first person wearing Lady Devils' blue to score 1,000 career points.

After Filbert hit her shot, play was stopped briefly as fans held up placards stamped "1000" and Filbert's teammates rushed to congratulate her. Her mother then came down from the stands (top photo) and Filbert ran over to her and they embraced.  

Head Coach Marty Hein then presented Filbert with a commemorative plaque. 

Filbert is a special player, Hein said.

"For me, as a coach, to be a part of something like this, with somebody who works so hard at her game, at her craft, is just outstanding," Hein said.

As near as school officials can figure out from available records, Filbert is the first girls player to reach the millennial mark.

Filbert, Hein said, has the heart of a champion.

"The only person who can beat Tiara Filbert is Tiara Filbert," Hein said.

Filbert finished the night with 13 points and 16 rebounds. Batavia won 48-27.

Filbert came into the game needing five points to reach 1,000. Here she scores points three and four.

To purchase prints, click here.

Batavia PD announced that Jacquelyn Deats, 63, was arrested today in connection with the death of infant Chandler Zuchs. The 6-month-old boy was found unresponsive when Mercy medics and Batavia city firefighters responded to a call for help at her address, 10 Olyn Ave., on Dec. 14. She is charged with endangering the welfare of a child.

Her son, Jeffery Deats, was arrested for manslaughter in the baby's death. Subsequently, it was revealed that he was not Chandler's biological father.

Jeffery Deats attempted suicide while in custody and later died at Erie County Medical Center.

Both Jacquelyn and Jeffery Deats were present in the Olyn Avenue home at the time Chandler was found unresponsive.

According to police, investigators learned with Jacquelyn did not contact emergency personnel for "a protracted amount of time after realizing there was something medically wrong with the infant."

The District Attorney's Office assisted with the case.

She is scheduled to appear in Batavia City Court at 1 p.m. on Tuesday, Jan. 27.

Smoke is reportedly coming from the walls of a mobile home at 9132 Alexander Road. Town of Batavia fire is responding.

UPDATE 6:48 p.m.: A responder on scene confirms "structure fire in the walls." The location is between Pike and Rose roads.

UPDATE 6:57 p.m.: A code enforcement officer is called to the scene.

UPDATE 7 p.m.: Oakfield is called to fill in at Town of Batavia's fire station.

UPDATE 7:05 p.m.: Traffic is backed up. They are going to alternate the traffic flow. The homeowner is safe and inside a vehicle.

UPDATE 7:07 p.m.: The fire is out and they are beginning overhaul.

From our news partner, WBTA:

Some of the 29 residents of the Havenwood Senior Apartments on Richmond Avenue are waking up in a motel this morning.

The residents had to be evacuated yesterday when a pipe burst and damaged part of the facility.

Batavia Fire Chief James Maxwell said the broken pipe was part of the facility's sprinkler system. Repairs to the pipe left the facility with a lack of fire protection which prompted the evacuation.

Maxwell said some displaced residents were taken in by family members while others were taken to a motel. All residents are expected to return to their apartments today.

Darrell Smith, 47, of Hutchins Street, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Smith was allegedly involved in an argument with his girlfriend and during the incident ripped the shower current and punched, pushed and grabbed her. Smith was jailed on $1,000 bail.

Kyle J. Snyder, 26, of Colony Run, Attica, was arrested on a warrant for alleged failure to appear on an appearance ticket. Snyder turned himself in at Batavia PD. The original charge was aggravated unlicensed operation, 3rd. Snyder posted $200 of his $500 fine, released and scheduled to appear again at a later date.

Robert E. Saari, 33, of Alleghany Road, Attica, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge, 2nd. Saari turned himself in. He posted $500 bail and was released.

Dustin Guy Nicometo, 27, of Jackson Street, Batavia, is charged with criminal possession of stolen property, 4th, and violation of probation. Nicometo was arrested on a warrant.

Steven James Snyder, 25, of West Avenue, Attica, is charged with petit larceny. Snyder is accused of shoplifting from Kmart.

Batavia police officers have been looking for Jacquetta Simmons since October after she was allegedly involved in an altercation at a church meeting, Chief Shawn Heubusch said today.

Simmons, convicted of punching a Walmart employee on Christmas Eve, 2011, is wanted on a charge of harassment in the second degree.

The charge means she is accused of physical contact with the victim.

Heubusch said he didn't know what that contact involved. The alleged victim is described as a 54-year-old woman.

The warrant was issued Oct. 20 and signed by Judge Robert Balbick, City Court.

Heubusch didn't know the name of the church, but said he believed the alleged altercation occurred during a business meeting. The address he provided is 301 North St., which is the YWCA.

Police do not currently have any information on where Simmons might be.

Simmons last appeared in court in September when her restitution order was modified and she was ordered to make payments of $100 per month on her $2,000 debt.

Originally sentenced to five years in prison for hitting a 70-year-old Walmart cashier, an appeals court vacated that sentenced and ordered she be resentenced to a year in jail.  

Noonan resentenced her a year ago and she was taken to jail at that time, but was expected to be out in eight months or less.

For The Batavian's previous comprehensive coverage of the Simmons case, click here.

AJ's Crafts Grand Opening is January 16th & 17th from 10 a.m. to 6 p.m. both days! We're located on 220 E. Main St. in Batavia, across the street from Key Bank. Be sure to stop down for a chance to win raffles, get in on the promotions, and enjoy a small snack and beverage -- while supplies last. If you are a vendor with a DBA, receive your first month FREE, when signing a 12-month contract during the grand opening.

Visit our Etsy store by clicking here.

Getting young athletes ready to compete at a higher level is one of the primary missions of Athletes Edge, a new training facility on East Main Street, co-owned and operated by Ben Buchholz.

Buchholz is a coach with Batavia High's football and baseball programs and he said what he's seeing today is local schools squaring off against Monroe County schools, and those athletes have taken on more challenging training routines during the off-season.

It's no longer enough just to show up on the first day of practice and expect to be ready to go. Young athletes need to train during the off-season.

"We're falling behind what we have to do to help us get better in every aspect of sports," Buchholz said. "We need to do more off-season stuff and this gives kids a chance to really get in here and do it. Now a lot of kids are doing a lot more off-season work and it shows in season. To compete, you've got to do it because everybody else is doing it."

The Blue Devils' deep run in post-season football is an example of how good off-season training can pay off, Buchholz said.

When you walk into Athletes Edge, if you're expecting a gym, you'll be struck by what you don't see. There are no weight benches, universal machines, dumbbells or barbells.

Modern athlete training is no longer about just pushing around heavy slabs of cast iron.

It's about speed, agility and stamina, and that's where Buchholz puts the emphasis.

The training tools at Athletes Edge involve boxes and stretch bands, but much of what is taught and trained is about body weight.

Plyometric workouts, which involve body weight and explosive movements, are a big part now of even the most elite athlete's daily routine.

"It's getting away from lifting huge heavy weights and getting into more athletic movement with strength," Buchholz said.

The facility's batting cage and pitcher's mound might leave the impression on a visitor that there is an emphasis at Athletes Edge on baseball, and that wouldn't be an incorrect perception, but the facility and training is open to all athletes and all sports. Notre Dame hockey, for example, is considering a team training session, Buchholz said.

Le Roy and Alexander's baseball teams have both already been in for a session since the business opened a month ago.

There's training available, also, for younger athletes. Athletes Edge is sponsoring travel baseball teams for youths from 8 and under to 12 years old.

Buchholz also hosts group events, such as birthday parties for youths. Those events might involve activities such as dodgeball or kickball or other activities.

"Whatever parents want to do, we set it up and just roll with it," Buchholz said.

Athletes Edge is located at 214 E. Main St., Suite #3, Batavia. The phone number is (585) 356-5995. The business is co-owned by Sam Antinore.

Joel David Prouty, 28, of Fisher Road, Oakfield, is charged with grand larceny, 4th, and criminal possession of a weapon, 4th. Prouty was arrested following an investigation by Deputy Chad Minuto into a report of a stolen rifle from a residence in Oakfield sometime between July and August. Prouty is accused of stealing a rifle and selling it to another person. Prouty has a prior felony conviction, leading the weapons charge. The rifle was recovered. Prouty is currently confined in the Genesee County Jail on unrelated charges.

Lauren E. Charache, 35, Myrtle Street, Le Roy, is charged with aggravated unlicensed operation, 2nd, and criminal possession of stolen property, 3rd. Charache was allegedly caught operating a vehicle that had been stolen from a person in Le Roy. Charache was held on $15,000 bail or $30,000 bond.

Steven Anthony Caldarelli, 52, of Portland Avenue, Rochester, was arrested on a warrant for criminal possession of stolen property. Caldarelli is accused of selling stolen property to a business in the Town of Batavia. He was jailed on $2,000 bail. He is also charged with petit larceny. He is accused of stealing power equipment from a vehicle that was parked in a parking lot in the Town of Batavia.

Michael Paul Dickens, 33, of Underwood Avenue, Hilton, is charged with harassment, 2nd. Dickens allegedly struck another person in the head while riding in the vehicle with that person on Route 19, Le Roy.

Jennifer Lynn Stack, 28, of South Main, Batavia, is charged with aggravated unlicensed operation, 3rd, and plate display violation (no front plate). She was also arrested on a warrant out of the Town of Gates. Stack was turned over to Gates PD following her arrest.

Chercal A. Smith, 19, of Bank Street, Batavia, is charged with assault, 3rd. Smith is accused of punching another person in the face with intent to cause injury.

Kristine S. Baker, 27, of Clinton Street, Batavia, is charged with dog running at large. Baker turned herself in on a warrant.

Jerry Tyrone Saddler Jr., 28, of Steel Street, Auburn, is charged with harassment, 2nd, and two counts of criminal contempt, 1st. Saddler was allegedly involved in a fight at 8:13 p.m., Tuesday, at a location on West Main Street in alleged violation of a court order barring offensive conduct around the other person. He reportedly has a prior criminal contempt conviction within the past five years.

An unidentified 18-year-old was arrested on a warrant for criminal obstruction of breathing, endangering the welfare of a child and criminal mischief, 4th. The suspect was located by Niagara Falls PD. The person allegedly did not abide by terms of a release under supervision order. The suspect was jailed on $1,000 bail or bond.

Eileen M. Wilcox, 46, of Brooklyn Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a driving while impaired by alcohol charge. Wilcox turned herself in to BPD and is ordered to court at a later date to pay off her fines.

Grand Jury Report:

Jared E. Fleming is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Fleming is accused of driving drunk July 31 on Transit Road, Stafford. He allegedly has a prior DWI conviction from January 2011.

Yik Yak has come to Batavia High School and administrators are monitoring the social media site with a wary eye.

Already the subject of national news stories because of reports of bullying, bomb threats and juvenile chatter, Yik Yak provides posters with complete anonymity and an audience of proximity and immediacy.

Recent posts have included invitations (yes, more than one) for people to list the biggest slut at the school, accusations of sexual crimes, and insults directed at specific students and teachers.

And according to a couple of posters, if you think that's bullying, then that's your problem.

"Cyberbullying not real," wrote one anonymous poster in all caps. "If you dont (sic) wanna be 'cyberbullied' then delete the app or turn ya phone off."

On the other hand, there are messages that decry the immaturity of high school students on Yik Yak and defend some of those insulted.

A few posts seem to even use the app as intended -- to post what's going on around them or make funny observations.

"30 likes and I'll show up to school tomorrow in a tutu and high heels," wrote one poster. The post received more than 50 likes. No reports on anybody showing up at BHS in a tutu and high heels, however.

Yik Yak is a mobile app, for use on smartphones and tablets. Messages are shared only within a 1.5-mile radius of the location of where the post was created.

The terms of service require users to be older than 17 and news reports say the company founders are concerned about use by high school students and are trying to find ways to block access on school campuses and prevent underage users from signing on.

In news reports, founders Tyler Droll and Brooks Buffington, who are given credit in some accounts for being responsive to teenage bullying concerns, admit their efforts to limit usage to adults has proven difficult.

So far, Yik Yak has received more than $60 million in venture capital funding.

Asked about the appearance of Yik Yak on the BHS campus, Principal Scott Wilson responded:

Yes, We are aware of Yik Yak. We are monitoring it and it is blocked from the district network. As with all social media sites, we expect students to be responsible. The advice we give students is to not to respond to negative posts. They should report concerns to a responsible, trusted adult. Parents, counselors, teachers and administrators can help by listening to the concerns, investigate and conduct the necessary follow-up. The anonymity of Yik Yak is a challenge for all of us when kids use it irresponsibly.

On the Web:

• The Wall Street Journal: Yik Yak Incidents Highlight New Social-Media Risks
• TechCrunch: Yik Yak Is An Anonymous Messaging App Aimed At College Campuses
• Boston.com: Yik Yak: The Bullying App Tearing Through America’s High Schools
• Washington Post: How do you solve a problem like Yik Yak?

There was a degree of frustration on all sides in council chambers Monday night over the long-simmering dispute over the state of the downtown mall after a resident raised the issue during public comments.

Some council members initially joined in the call of Richard Richmond to have the state's comptroller's office audit the city's legal fees associated with the city's dispute and the current lawsuit with the Mall Merchants Association.

Molino noted, however, that the city was audited last year and no irregularities related to legal bills were found.

He also asked what the goal of such an audit would be. The legal fees are public record and have been released before.

Richmond said he would like to see an itemized list of attorney fees for the mall, even suggesting audio go back six years to check for any inadvertent double billing.

The city's financial statements are scrutinized every year by an independent accountant, Molino told the council, and "they report any fraud or inconsistencies."

There have been no such reports.

Last year, resident John Roach issued a public records request and received documents showing the city's legal fees related to mall litigation, but some material was redacted if it could reveal information covered by attorney-client privilege. 

An audit, Molino suggested, would not necessarily uncover the kind of information perhaps some think it might.

"The comptroller is not going to provide you with guidance on what you pay for what services," Molino said. "They're not going to come in and tell you you're paying too much for police services, you're paying too much for fire services or you're paying too much for this."

Council members such as John Deleo expressed concern about how much was being spent on mall litigation and compared the years-long conflict with the mall association to a messy divorce that has gone on too long.

More than just the legal fees, perhaps, Deleo said, "people are concerned about the mall and the 57 buckets and how long does this divorce will go on."

After the meeting, Molino hinted at his own frustration with five or six years of disputes over the mall, but also expressed hope that a once-and-for-all solution can be reached during legal negotiations.

The condition of the mall and the disputes over the mall create a perception problem, Molino said, that could hold back redevelopment and brownfield development.

"It does not help the long-term success of the city nor the long-term success of the businesses and the redevelopment potential downtown, so, yes, it does hurt," Molino said. "It hurts everybody. I think everybody's business involved is going to benefit when it's resolved, and the city as a whole, and the community, will be able to get through this, and I hope it's a milestone that we can get past and say we were able to get past that hurdle."

There is an openness, Molino believes, to finding a solution to the disputes that led to the lawsuit, the involves negotiation and not further litigation.

"I think both parties want to resolve this issue and it's just a matter of coming together to find common ground that is going to meet everybody's needs," Molino said.

A kindergartener at Jackson Street School apparently misunderstood instructions from a nurse today and left school grounds instead of waiting for his father to pick him up, according to officials.

The child was missing for only a few minutes, Officer Eric Hill told WBTA.

At about the same time the nurse was calling Batavia PD, a child was located, dressed in hat, gloves and coat, on Washington Avenue. 

The school district issued the following statement about the incident:

Today at Jackson Primary School, a kindergarten student who was being dismissed from school early, walked out of a side door as per his normal dismissal procedures and started walking home rather than going to the school office for release. School officials immediately instituted their Emergency Procedures and contacted the police. The child was located shortly thereafter and returned safely to school and his parent.

The District will be reviewing its procedures to determine how today's incident occurred and make changes as necessary. As always, we place the safety of our students first and will take the necessary measures to protect  them.

Our news partners WBTA and 13WHAM contributed to this story.

A motor-vehicle accident with injuries is reported at 101 Summit St. near Washington Avenue. City fire is on scene and Mercy medics are responding.

UPDATE 2:50 p.m.: Command reports two vehicles involved; three people will need to be evaluated.

After 29 years of Gerace family ownership, Bob Harris Realty, has been sold to RealtyUSA, a company with 2,100 agents in offices from Albany to Buffalo.

The merger was announced at the Bob Harris offices on Ellicott Avenue this morning by Merle Whitehead, president, CEO and sole owner of RealtyUSA, with Joe and Lois Gerace at his side and their sons John and Robert standing nearby.  

"We acquired the assets of Bob Harris Realty, but more importantly, we acquired a household name in Batavia in realty," Whitehead said. "What a great asset for RealtyUSA to enter this market with such a strong family name and reputation, so we're really excited."

Founded in Williamsville in 1959, RealtyUSA grew to be the market leader in the Buffalo area and has expanded over the years through acquisition, Whitehead said, to become the market leader in Rochester, Syracuse, Albany, Corning and Elmira.

Last year the company handled $3.6 billion in transactions.

Lois Gerace said she will remain active in the business and doesn't plan to retire just yet. 

"I'm looking forward to at least another five years, easily," Gerace said.

John Gerace will be the manager of the RealtyUSA office.

Whitehead said his company will be able to bring resources to Bob Harris that the company didn't have on its own, such as training and the ability to hire more agents. The corporate office will also take on many tasks involved in running a real estate business, including marketing.

Lois Gerace said the new technology RealtyUSA is able to provide will benefit the business.

"We think we're going to provide better service to our customers, and we're excited," Gerace said.

While recognizing that the Bob Harris brand is well established in Genesee County, Whitehead said given the strong market presence RealtyUSA has to the east and to the west, changing the local name of the business only makes sense.

"We have an incredible Web site," Whitehead said. "It's been named the fourth best real estate Web site in America, so we want to use realtyusa.com to market in this area."

The acquisition is effective today.

The 16-year-old was last seen at Batavia High School at 11:30 a.m., Monday. 

She was wearing a black and silver scarf, a black and pink cosmetology sweater, black yoga pants and white Jordan high-top sneakers. 

She was carrying a cheetah-print backpack.

She may still be in the local area.

Tips on her whereabouts should go to Batavia PD, (585) 345-6350.

"As in all cases of runaway youth, people who knowingly harbor these individuals are committing a crime," said Det. Rich Schauf.

UPDATE 4:30 p.m.: Olivia A. Rivera-Ellis has been located.

A conservative look at sales tax revenue for the city is driving a proposal to raise property taxes by 16 cents per $1,000 of assessed value, City Manager Jason Molino told City Council members Monday night during his 2015-16 budget presentation.

The drop in fuel prices benefits consumers, but plays havoc on local government, which derives 18 percent of sales tax revenue from fuel sales.

Sales tax accounts for 40 percent of the city's overall general fund revenue.

Molino projects $15,848,884 in general fund spending for 2015-16, a 1.08-percent reduction (or $253,001) in spending from the current fiscal year.

Even with the reduced spending, the projected shortfall in sales tax means local property owners will be asked to help pick up the slack.

The new city tax rate would be $9.30 cents.

On a home assessed at $90,000, the property owner would pay $69.75 per month, up $1.20 over this year. 

For property taxes that are roughly half what many households pay these days for mobile phone service, residents receive a bevy of city services, including police and fire protection, road and sidewalk maintenance and parks. The value, he suggested, was just as great or greater than mobile phone service.

"I thought it (the analogy) would help put things in perspective," Molino said after the meeting.

While the local economy is improving, and by some measures is stronger than the state or national economy, there is a lot of room for improvement, Molino noted.

There is the potential for even better job growth, especially if plans for the Genesee Valley Agri-Business Park and WNY STAMP continue to come together, but in the here and now, the city needs to be conservative in its budgeting process, Molino said.

The city also needs to take a close look at its aging sewer and water infrastructure.

He is proposing a revised rate structure -- one that does away with the current two-tier system -- and includes a projected $1 per month increase for the average consumer to help pay for maintenance and upgrades to the system.

The proposal calls for $22 million in capital investment in sewer and water over a 10-year period.

Without the changes, not only will needed replacements and upgrades not take place, the city's sewer and water system will soon start losing money.

As modern, water-saving appliances become more common in local homes, local water consumption has decreased. That's a trend, Molino said, he expects to see continue.

However, it costs just as much to deliver two million gallons of water as it does three million gallons. The reduction in consumption doesn't reduce the cost of the system that delivers the water, but reduced consumption does decrease revenue.

The city will need to increase water rates, he said, to keep pace with water delivery costs.

What Molino presented Monday is a budget proposal. It will now be up to the council to go through the budget, ask questions and potentially suggest changes. There will be a public hearing on the budget before it is adopted.

The proposed budget will be posted on the city's Web site later today.