batavia

A 23-year-old City of Batavia man suspected of starving and neglecting a puppy found by a Good Samaritan in Stafford on Oct. 4 has been arrested.

Brandon Joseph Welch was arrested in the afternoon on Oct. 18 at his residence, 679 E. Main St., apt. 4H, and jailed without bail for allegedly making a terroristic threat to police, among other charges.

Batavia police executed a search warrant at his apartment in connection with the animal abuse case of a pup Volunteers for Animals at the shelter dubbed "Opal." That animal is now in foster care.

According to Batavia Police Det. Eric Hill, police got the warrant after receiving a tip from a witness.

Welch initially told police that he had found the puppy, a fawn-and-white colored female weighing only 9.2 pounds when rescued. The dog was not able to stand on its own and was covered in urine and feces, and was severely dehydrated and malnourished.

The police investigation determined Welch was "supposed to be caring for the dog," Hill said.

Welch said "he was going to shoot the next police officer who came to his apartment," Hill said, and police recovered firearms in Welch's possession.

Welch is charged with making a terroristic threat, which is a Class D felony, as well as falsely reporting an incident in the third degree (for claiming he found the animal); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog.

He was arraigned the same afternoon, last Thursday, and is due in Batavia City Court tomorrow, at 1:30 p.m. on Wednesday, Oct. 24.

The case was investigated by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Opal, meanwhile, is looking like a different creature since she's been in foster care and received veterinary care and some decent nutrition. The pictures below -- sitting up smart and standing up strong on all fours, -- were sent to us yesterday by Volunteers for Animals. (Love those ears! Note the wagging tail!)

As a matter of precaution, the county's Emergency Response Team was called to a residence on Lewiston Road in the Town of Batavia early this morning to help arrest two men who were accused of threatening another person in the Town of Alabama earlier in the morning.

The incident meant Route 63 was closed to all traffic, and residents in the area were told to shelter in place, from about 5:30 a.m. until 10 a.m.

Taken into custody were Kevin M. Fossum, 52, and Charles L. Beach, 50. Both were charged with aggravated harassment, 2nd, and menacing, 2nd.

Fossum is the primary resident at the house where he was arrested, and Beach is apparently a friend and a roommate.

Fossum is accused of threatening a person over the phone at about 2:30 a.m. and then a short time later showing up at that person's home in Alabama with Beach and making specific threats against that person. That person claims Fossum possessed a firearm during the confrontation.

Since that subject knew Fossum, deputies responded to his residence on Lewiston Road. They approached with caution because of the possible presence of a firearm. 

When deputies did not make contact with the men inside, even though Fossum's car was in the driveway, ERT was dispatched.

Sgt. Andrew Hale said Fossum has become known to deputies recently because of other calls to his residence. He is a retired Army Ranger and a black belt.

"He has serious credentials," Hale said.

Hale said that because of the possibility of a firearm, Fossum's recent behavior, and Fossum's background, ERT and extra officers were called in as a matter of caution, not that an actual threat was made against officers or a more serious immediate conflict.

At some point, while the incident progressed, Fossum, apparently unaware of the police presence, got in his vehicle with an apparent intent to leave the residence. At that point, he was taken into custody.

Officers were unable, however, to make contact with Beach. They were unsure of what Beach was doing inside the house. He could very well have been sleeping, Hale said.

Eventually, officers made contact and Beach exited without incident and was taken into custody.

A search warrant was obtained, and the house, yard, and car were searched. No weapons were recovered.

Neighbors told investigators, Hale said, that Fossum was not known to possess firearms.

Fossum was jailed on $7,500 bail, and bail for Beach was set at $5,000.

The Sheriff's Office was assisted by Batavia PD, ERT, the Orleans County Emergency Response Team, and the State Police.

No injuries were reported in the incident.

In "Kitchen Confidential," Anthony Bourdain famously advised diners, "never order fish on a Monday."

That works out well for Todd and Grace Fannin, who over the summer opened a new seafood restaurant in Batavia with a plan to make sure their fish is always fresh by buying it from the fish market in Buffalo on Wednesday and Thursday and serving it all by Saturday night.

"That's advice we live by because when we do have our liquor license and we are open seven days a week, we are going to have a tighter menu," Todd said. "Our menu is going to be a shorter menu the days we're closed now, Sunday, Monday and Tuesday."

With a little over two months in business under their belts, Todd and Grace like the way things are going and the response they've received from local diners so far.

"We wanted to bring something that Batavia had a need for," Todd said. "There was a customer base here that nobody tapped into. There are the burger joints and the pizzerias and the Smoke House and the Italian restaurants. We thought Batavia had a need for something of this nature that would appeal to a certain audience and we found that audience."

This is the fourth restaurant the couple has opened over the past 30 years. The previous ones were on the shores of Lake Ontario and while they also specialized in seafood, they were seasonal. Fishtales is their first attempt to run a seafood restaurant year around.

The location is 107 Evans St., Batavia, the same location as The Little Ridge and Delavan's previously.

Even without a liquor license yet and little marketing, people are finding the restaurant and the crowds are growing.

"We've had a couple of really great Friday and Saturday nights recently," Grace said. "The best we’ve had. I would say the business is building right now and that was our goal."

In recent weeks, flounder and snapper have been popular, along with tuna, cod, trout, and scallops (there's also steak and chicken on the menu).

"Last Friday, it was not your typical Friday fish fry crowd," Todd said. "It was a younger crowd, a full house and they were going for more of the sauteed and the broiled dishes. Our crowd is changing and yet it's growing."

Some local restaurateurs have shied away from seafood because customers demand freshness and they feared Batavia might not support seafood sufficiently to manage the product properly, but Todd said it's all about listening to your customers and paying attention to what they want. He felt confident he could make it work in Batavia.

"We don’t cut corners here; we try to put a good product out and I think people are starting to notice that," Todd said. "At least that's the feedback we get."

The Batavia Business Improvement District hosted its first Scarecrow Contest for Downtown Batavia.

As a creative way to add some more fall flavor to downtown decorating, the BID invited any business, group or organization to enter the contest.

For $20 each business was provided basic supplies of straw, a post and zip ties along with their pole assignment. Each business could then get creative in creating their scarecrow.

All voting for favorite scarecrow ended Friday, Oct. 19th. 

• First-place Winner for 2018 is Batavia Pediatrics;
• Second-place Winner is Genesee Valley PennySaver;
• Third-place Winner is Adam Miller Toy and Bicycle

First-place winner receives $100 cash prize, second place $75 and third place $50. The BID would like to thank Home Depot for sponsoring the scarecrows and donating of posts, and to our City of Batavia Fire Department for assembling the posts.

For more information on B.I.D. and Downtown events please visit our website at www.downtownbataviany.com.

Press release:

The Harvester 56 Theater Dance Academy, a Batavia-based nonprofit educational institution, is conducting its first fall fundraising initiative.

This school of 20 local dance students will be selling just 300 raffle tickets to community members this month to raise funds to add mirrors and dance mats and other necessary equipment for the school that’s now in its second year and is the only studio in Genesee County that offers Irish dance. 

Raffle tickets available at the Harvester 56 Theater or contact us through our Facebook page at www.facebook.com/Havester56TheaterDanceAcademy

List of Prizes include:

• Grand Prize: 2-night NYC stay for 4 includes admissions to American Museum of Natural History, Ripley’s Believe it or Not!;
• 2-night Niagara Falls USA for 2 with admissions to Old Fort Niagara, Lockport Locks & Erie Canal Cruises, Herschell Carrousel Factory Museum and 2 Niagara Falls USA Encounter Passes that include Cave of the Winds, Niagara Adventure Theater, Aquarium of Niagara and the Scenic Trolley;
• 1-night stay for 2 at Farmer’s Creekside Tavern & Inn with an appetizer and craft beverages;
• 1-night stay for 4 at Palm Island Indoor Waterpark with waterpark admissions;
• 1-night stay for 2 at The Hotel at Batavia Downs with breakfast;
• 4-admissions to Lockport Locks & Erie Canal Cruises;
• 4-admissions to a Fall Foliage excursion at the Medina Railroad Museum;
• 4-admissions to Genesee Country Village & Museum;
• 4-admissions to Hidden Valley Animal Adventure Safari;
• $100 “Dine Around Town” -- includes Alex’s Place, Eli Fish Brewing Co., Settler’s Restaurant, Batavia’s Original Pizzeria and Eden Café.

Cost is $20 per ticket, cash or check (payable to Batavia Players).

All prizes valid for 2019 Season, only 300 tickets being sold locally.

Winners will be placed back in for grand prize drawing. Winners will be announced on Facebook Live on Saturday, Dec.15th, at 3 p.m. at www.facebook.com/Havester56TheaterDanceAcademy and then posted online at: www.bataviaplayers.org/dance.html

About The Harvester 56 Theater Dance Academy 

Founded in 2017, The Harvester 56 Theater Dance Academy provides quality dance instruction at an affordable price. Classes are taught by professionally trained instructors in a fun and relaxed environment at Robert Morris School, 80 Union St., Batavia.

We offer classes for students in kindergarten through adult, beginner to advanced. Competition team is available. We are the ONLY school in Genesee County offering IRISH DANCE.  

Its mission: To provide a safe, respected and quality dance program that is designed to be student oriented, parent supported and staffed with excellence.

Its goal: To establish a group of young dancers that will participate in dance performances, theater productions, as well as attempt to learn different types of movement and dance techniques at an affordable rate.

Becky L. Frens, who is accused of failing to provide for the basic needs of a 3-year-old Lab mix breed that used to be her pet, was in Batavia Town Court this afternoon.

The matter was again postponed, this time until 10:30 a.m. on Monday, Dec. 17.

Samuel Alba, an associate attorney with the law firm of Friedman & Ranzenhofer, told Judge Michael Cleveland that plea negotiations with the District Attorney's Office were ongoing and additional time was needed to submit "more documentation."

First Assistant District Attorney Melissa Cianfrini said copies of any new documents need to be forwarded to the D.A.'s office. She said she did not have a problem with postponement; but come Dec. 17 the people will demand the case to be adjudicated or a trial date set.

That's exactly what Judge Cleveland had said the last time the case was on the docket, on Sept. 24, when neither Frens nor attorney Michael Ranzenhofer showed up like they were supposed to and without communicating anything to the court.

The matter was also delayed once during the summer, on July 30, after Ranzenhofer cited unspecified "complications."

Frens, who lives on Pearl Street Road in the Town of Batavia, is in her mid-50s and was accompanied to court today by a male, possibly her husband.

She stood quietly next to attorney Alba at the bench, looking different from both her previous court appearance and from her arrest mug shot (inset photo). Today, she had long straight blond locks, and wore a maxi skirt with swirls of teal, black and white, and a purple hooded jacket.

She was arrested July 10 by Troopers out of SP Batavia and charged with overdriving, torturing and injuring an animal; failure to provide proper sustenance.

Troopers were dispatched to the Genesee County Animal Shelter at the request of animal control officers after Frens arrived at the facility to claim her dog that had been found by her neighbor the day before.

"Maya" was in very poor health with multiple issues caused by neglect, according to Volunteers for Animals. The dog was diagnosed with multiple skin infections, mange, double ear infections that left her only able to hear a dog whistle, and her uncut nails were so long she could barely move.

Under the state Agriculture & Markets law, Article 26, Section 353, this is a Class A misdemeanor. If found guilty, a defendant faces jail time of more than 15 days but not greater than one year. In addition, a fine of up to $1,000 can be imposed.

A man who keeps the books for Volunteers for Animals said outside court this afternoon that he guessed Maya's vet bills were between $300 and $500.

The dog's mange has cleared up; knots of scar tissue on her back and shoulders were surgically removed; her muscles are stronger and she's gained weight; she's been spayed. And she's been adopted into a home that cares.

The county’s Emergency Response Team (aka SWAT) is at a location just north of the Thruway on Lewiston Road for an unknown type of incident. 

Lewiston is closed between Veterans Memorial Drive and Galloway Road. 

The incident started at about 4:30 a.m.

Sheriff Bill Sheron said no information is being released at this time because it is an ongoing situation. 

Residents have been told to shelter in place. 

UPDATE 10:20 a.m.: Road reopened at about 10 a.m.; no further information has been released yet. 

Reader-submitted photo.

Tracy Ford reprised his role as the Rev. John Henry Yates during the Batavia Cemetary Association's annual Ghost Walk, which gives guests an opportunity to be treated to a lively lesson on Batavia's history.

This year's addition included Gregory Hallock, director of GO ART!, as Eli Fish, the former local brewer who has come to life again, so to speak, in the brewery and restaurant now occupying the former Newberry's building downtown.

Diana Buckman, also pictured below, played Nannie Hunt, whose sons Thomas and Joseph served in the Civil War, with Joseph dying in battle in 1862. She read a letter from Hunt's daughter Martha about Joseph's death.

Once again, the event was a sellout.

Batavia High School inducted its 2018 Athletic Hall of Fame honorees during a dinner at Terry Hills on Saturday evening.

Pictured above are, front row from left Coleen Tooley Oleski, Gerry Carmichael, Michelle Smith Jones, and back row from left Steve Frieday, Jon Santratello, and Rich Anderson. Below, the 1994-1995 Blue Devils hockey team.

Previously: Batavia Blue Devils Athletic Hall of Fame Dinner is next Saturday

Sen. Charles Schumer made his annual visit to Genesee County (he visits every county in the state at least once a year) to pledge to the local medical community and the citizens who depend on that medical community that he will do everything he can to restore funding for the 340B Drug Pricing Program.

The 340B program was enacted in 1992 provides qualifying hospitals -- hospitals that tend to serve more low-income patients -- with deep discounts on medications used in the treatment of cancer. The intent of the program is to allow hospitals to treat more patients and provide comprehensive services.

Dan Ireland, CEO of United Memorial Medical Center, said the program has allowed the hospital to reinvest $2 million annually into better patient care.

"To some folks, this is about money but really what it is about is the investment that's made for people, for health care, for our friends and our neighbors and our loved ones," Ireland said. "That $2 million gets reinvested in programs to help support cancer care as we talked about and the emergency room and outpatient clinics so folks can access care close to their homes in a timely manner."

He added, "This will change the lives of people if these cuts continue. It will change the lives here at the hospital will change lives throughout our communities. So I'm grateful for the support."

The cuts to WNY regional hospitals add up to millions of dollars a year, Schumer said, and he considers it critical that the funding is restored.

"I always defend our rural hospitals because people in rural areas should get the same health care as people in urban areas," Schumer said. "First, the people have to come greater distances. But second, it's not the density of population. So when you have to use one of these expensive machines, a CAT scan or an MRI, it is very expensive. If you're in Rochester or New York City, that machine can be used almost 24/7, so it can pay itself back. But here, not so, but you still want the person here to have the same CAT scan or an MRI or whatever so they get the same health care."

Not all funding was cut to UMMC. So far, it's been about $600,000 a year.

The Centers for Medicare & Medicaid Services enacted the cuts, which makes the cuts merely a matter of policy, so Schumer said he has tools to use to try and restore the funds. As minority leader, he can work to restore the funding through the budgetary process or he can pursue legislation to restore the funding.

He said his effort would receive bipartisan support because there are both Republicans and Democrats who represent rural areas and about 1,000 rural hospitals are lobbying for the funding.

"We are going to do everything we can to get 340B back to the way it was and get Noyes (a hospital in Livingston County) and UMMC and all of our hospitals the help they need."

Critics of the program -- which include pharmaceutical companies -- say that too many hospitals abused the program. Those hospitals, they say, did not use the cost savings to improve patient care. Instead, they say, they padded their bottom line.

Private oncologists have also been critical of the program, saying that it gives hospitals a subsidized, unfair price advantage in providing treatment.

"I'm trying to get lower drug prices across the board so we would try to help them as well, but because you're not getting it doesn't mean you go after somebody who is getting it," Schumer said in response to a question about the oncologists' complaint. "These are hospitals that need the help."

Before discussing the 340B program at UMMC, Schumer reflected on the upcoming World Series and explained why he hates the Red Sox. Listen (mp3).

Your browser does not support the audio element.

Sen. Schumer and Dan Ireland.

Reality Check volunteers from St. Joseph School in Batavia have Seen Enough Tobacco.

Submitted photos and press release:

Reality Check advocates from the GLOW region recently held events for Seen Enough Tobacco Day at their schools.

Artist Christopher McGee was at GO ART! on Thursday evening for the opening of his show, "The Rhythms of Nature."

Born in Jamestown, the Clarence-based artist said this is the first time he's had a show for this series of paintings.

He began the series in 2008 while observing landscapes while on road trips throughout Western New York. 

He said, "My experience playing drums in experimental and improvisational noise bands helped me to visually express some of the more mercurial, unpredictable elements in the universe: earthquakes, meteor showers, supernovas, and black holes."

The show runs through Dec. 8.

GO ART! has two other shows on display as well:

• The Batavia Photography Club has photos on display by members through Dec. 8.
• The Traveling Ghost by Ryan Gustman is on display until Nov. 3. Gustman was diagnosed with high-functioning autism spectrum disorder and ADHD early in his life. He specializes in photographing abandoned buildings.

Batavia Players hosts its annual fundraising concert at 7:30 tonight at Harvester 56 Theater.

The cast perfoms a variety of show tunes in their production of "Stories, Songs & Just a Touch of Sin."

Tickets are $20 at the door.

Photos submitted by Pat Burk.

Kaylee Dehlinger (Center) with Jocelyn Coburn and Kathryn Fitzpatrick singing "It Won't Be Long" from "Across The Universe."

Jacqueline Morrison, Tiffany Keicher, Kristin Gelia, and Alix Young singing "I'm A Woman" from "Smokey Joe's Cafe."

Now that the Sec V playoffs are starting to get real, the question becomes how real are the Batavia Blue Devils? If anyone had any doubt the Blue Devils gave them their answer in 26 seconds. After just a couple of plays, and barely any time off of the clock, Batavia led Newark 7 to 0.  

Newark then was unable to get anything going on their possession and had to punt. Ethan Biscaro fielded the punt, fumbled it, recovered his own fumble, then ran 78 yards for a TD punt return. Batavia led 14 to 0 and they were only two minutes into the game. 

Batavia’s defense dominated Newark’s offense again on their next set of downs and Newark was forced to punt. Batavia had an unforced turnover on the next possession and Newark recovered the ball. Newark was able to capitalize and scored a TD. Batavia 14 Newark 6.  

That was as close as Newark would ever come to mounting any real threat to Batavia. Batavia scored on their next few possessions. Even by going for it on a 4^thand 6. Batavia continued to drive the field and score almost at will. The first quarter ended with Batavia leading 28 to 6.

The rest of the game was all Batavia. They led at the half by 42 to 6. The Batavia defense would not let Newark into the game and put some points up on the board themselves’ with a safety in the third quarter

After a lot of substitutions by Batavia, Newark put up the only points of the fourth quarter scoring 8. Final Score Batavia 51, Newark 14.

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Haley M. Merrill, 26, of East Main Street, Batavia, is charged with: 10 felony counts of second-degree forgery; 10 felony counts of first-degree offering a false instrument for filing; and 10 Class A misdemeanor counts of second-degree criminal impersonation. On Oct. 13, Merrill was arrested in the Town of Alexander on charges of criminal possession of stolen property in the fourth degree and criminal possession of stolen property in the fifth degree. Upon entering GC Jail, it is alleged that Merrill provided false information -- a false identity -- in an attempt to benefit herself. On Oct. 16, she was arrested and arraigned on charges pertaining to false identification and then jailed without bail. She was due back in Batavia City Court on Oct. 17. The case was investigated by Deputy Ryan M. DeLong and Senior Correction Officer Matthew Burgett, assisted by Deputy M. Lute, Deputy K. McCarthy, Deputy K. Forsyth and Deputy J. McClellan.

Ryan Matthew Norton, 44, of Bloomingdale Road, Alabama, is charged with aggravated DWI, and DWI. At 11:20 p.m. on Oct. 14 on Alleghany Road, Alabama, deputies responded to the report of a motor-vehicle accident in the Town of Alabama. They located a vehicle with heavy front and side damage. Deputy Ryan Young located the operator walking away from the vehicle. Following an investigation, it is alleged that Norton was driving while intoxicated and his blood alcohol level was above .18 percent. It was determined that Norton allegedly struck a parked car in Orleans County before being stopped in Genesee County. He is due in Alabama Town Court on Nov. 14 to answer the charges. Deputy Young was assisted by Deputy Andrew Mullen in this case.

Eric Charles Dockstader, 34, of Council House Road, Tonawanda Indian Reservation, is charged with second-degree criminal contempt. On Oct. 13 at about 2:48 p.m., deputies responded to Meadville Road in the Town of Alabama for a report of a violation of a court order of protection. Dockstader was subsequently arrested. He was issued an appearance ticket and is due in Town of Alabama Court on Nov. 1. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

John J. Saddler, 31, of East Main Street, Batavia, is charged with violating an order of protection. Saddler was arrested at 9 p.m. on Oct. 14 on Watson Street in Batavia and arraigned in Batavia City Court on the charge. He was jailed on $2,500 cash bail or $5,000 bond. The defendant is due in court Oct. 23 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Todd J. Pangrazio, 42, of Pleasant View Drive, Lancaster, is charged with failure to appear in court after an appearance ticket was served. He was served with an appearance ticket after failing to go to court after being issued a ticket following a traffic stop in March 4 in the City of Batavia. He was arraigned on Oct. 17 and jailed on $1,000 cash or bond. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Chad Richards.

People are lining up to buy a bit of Pontillo's history -- the custom-made, red, white and green booth seats that were first installed in the restaurant 30 years ago.

Batavia's Original owner Kathy Ferrara announced her plans to sell the booth seats and she immediately received several requests from would-be purchasers. She hasn't made any commitments yet. She's waiting for the replacement booths, which will be all black, to come in next week.

"I didn’t realize it would be such a big deal to people," Ferrara said.

A number of people expressed concern that she was selling Sam and Betty's booth, the one they always sat in, but it's not for sale and will stay in the restaurant, she said.

She's only selling the ones in the larger dining room. She said she remembers when that dining room opened. She had just started working as a server for Pontillo's and the new booths were installed before even the rest of the trim of the room was completed.