batavia

Benjamin J. Bullard, 28, of Maple Street, Batavia, is charged with grand larceny, 4th. Bullard is accused of stealing $6,000 from an acquaintance's bedroom while she was on vacation. The incident happened at a residence on Swan Street. He was jailed without bail.

James C. Emerson, 53, of State Street, Batavia, is charged with allowing his dogs to habitually bark following an investigation into an alleged complaint where a dog was repeatedly left outside unattended for several hours and barked continuously. On Aug. 3 Emerson's dog was allegedly barking habitually from 7:30 to 9:45 p.m.

Robert L. Williams Jr., 24, of West Main Street, Batavia, was arrested on a bench warrant following a traffic stop by Deputy Joseph Corona. Williams was later turned over to the Batavia Police Department. He was put in the Genesee County Jail on $500 bail.

Cory J. Trybushyn, 27, of West Avenue, Batavia, is charged with petit larceny. Trybushyn allegedly stole merchandise from a business in the City of Batavia.

The city is holding an educational meeting to provide residents with information on deer management strategies and to discuss any concerns about the deer population.

The community-based deer management meeting will be held at 7 p.m. on Wednesday, Aug. 19, at City Hall. 

The city is partnering with the New York Department of Environmental Conservation for the meeting. The NY DEC Senior Wildlife Biologist Art Kirsh will present information on several topics including ecological damage, deer-related accidents and disease transmission. Kirsch will also cover deer management practices such as repellents, frightening devices, fencing and alternative plant species that are less attractive to deer.

 City Manager Jason Molino has received an increased amount of complaints from residents in the northeast part of the city regarding deer eating plants and gardens this year. The harsh winter may have caused more deer to move into the city from rural areas Molino said. However, there has been no increase in the amount of deer accidents.

The goal of the meeting is to discuss residents' concerns and damage-control techniques.

An automobile accident is reported at the intersection of Batavia -- Elba Townline Road and Pekin Road. A 5-year-old female requires medical evaluation. Town of Batavia Fire Department and Mercy medics are responding.

Vinyl Sticks in Batavia finished a project for Mercy Flight today involving a retired helicopter that the Buffalo-based medical emergency organization wants to display at events and at its headquarters.

A BOCES class in Erie County restored and painted the exterior of the craft and then it was trucked to Batavia for Vinyl Sticks to apply the ship's decals.

Adam Lowder handled the project.

Their baby-back pork ribs, beef brisket, pulled pork, Southern-style collard greens, and five-bean chuck-wagon beans were beloved by those who enjoyed the food. But the location of The Rib Shack on Ellicott Street Road proved too difficult, so the owners have pulled up stakes and are looking for a new location, said co-owner Melissa Penders.

The lack of a lunch crowd in an isolated location hurt cash flow, Penders said, but part of the decision to close was landlord due to difficulties.

The landlord is Rosemary Christian. Jim and Melissa Penders claim she illegally evicted them.

Melissa Penders said she will be happy to meet Christian in court because she has all the cancelled rent checks. She said Christian is claiming they owe "a ridiculous amount of money," but that all of the rent was paid.

Christian said she doesn't care what Penders has to show in court, the restaurant owners owed her money.

Over the weekend, all the signs came down and on Monday the Penders tried to remove the rest of their equipment, Penders said.  

Christian called the Sheriff's Office, Penders said, and Christian confirmed that local law enforcement responded.

"They were robbing me blind," Christian said.

Christian claims the building was left in "a mess." Penders said Christian wouldn't allow her inside the building to complete a final clean-up.

Penders said Christian was pushing them to sign a new lease, but they didn't want to commit to being in that location for another year, both because of the lunch-crowd issue and because she didn't want to deal with Christian for another year.

"Rosemary is very difficult to deal with," Penders said.

She said Christian presented them with an ultimatum to either sign a lease or get out, they chose to get out. As they were on their way out the door, Christian issued an eviction notice.

Christian said there was no demand to sign a lease or close. This was nothing but an eviction, she said.

Meanwhile, Jim and Melissa are looking for a new location and running their catering business out of their home, getting their kitchen upgraded to commercial and health department standards. All of their obligations for weddings and graduations and other events will be met, she said.

NOTE: Deal of the Day buyers, Melissa Penders said if you hold on to your gift certificates, they will be honored with the restaurant reopens. The expiration date will be honored. They are also good toward catering services. However, per The Batavian's policy, if you purchased your gift certificate within the past 30 days, we'll refund your money. Mail the gift certificate back to The Batavian, 200 E. Main St., #5, Batavia, NY 14020. If you elect to hold onto your gift certificate, e-mail howard@thebatavian.com and we'll send you a coupon code for a free ad posting on Batavia's List.

Press release:

The Batavia Business Improvement District (BID) will once again host the 13th Annual Summer in the City Festival in Downtown Batavia on Saturday, Aug. 15th, from 11 a.m. to 9 p.m. Last year, the event brought in more than 5,000 people from all over Western New York with over 200 classic cars. This year is expected to be even bigger and better.

The festival includes the annual Don Carroll 5K Race, a Summer Car Cruise, and at least 50 food and craft vendors. The KidsZone will include a Eurobungy (NEW), bounce houses, and lots of activities including workshops by The Home Depot. You can also participate in the GOArt! “Chalk the Walk” to win several prizes. (You must register with GO ART! to participate in this activity.)

New to the festival is a Bicycle Wheelie Contest by Adam Miller Toy and Bicycle on Center Street.

Entertainment for Summer in the City includes the Old Hippies (1-2 p.m.), Flatop Gypsy (Country music, 4-6 p.m.), and, of course, Terry “Elvis” Buchwald (7-9 p.m.).

The BID, which is an independent nonprofit organization, is dedicated to the revitalization of downtown. Every year it has a group of dedicated volunteers to help organize the event and/or help the day of the event. If anyone would like to help the day of the event, they are still looking for strong volunteers for setup and take-down.

The BID would like to thank its major sponsors Alpina Foods, The Batavian, The Home Depot, and WBTA Radio as well as several other sponsors who helped make this annual event happen once again.

For more info contact the BID Office at 585-344-0900 / e-mail Laurie at LOltramari@DowntownBataviaNY.com, visit us at www.DowntownBataviaNY.com, or  LIKE us on Facebook at DowntownBataviaBusinessImprovementDistrict.

With any luck, this dude from Woodbridge, Ontario, Canada, won't come down and pop-a-wheelie with the locals...

Gina L. Avino, 40, of Haven Lane, Batavia, is charged with two counts of public lewdness, harassment, 2nd, and resisting arrest following an investigation of a person exposing themselves near Wendy's on July 19. Witnesses reported that Avino allegedly was exposing her breasts and making sexual explicit gestures toward them. Batavia Police located Avino at her residence. When officers went to place her under arrest, she is accused of physically fighting with them. While in custody, she allegedly exposed herself again and spit on an officer. She was put in the Genesee County Jail on $3,000 bail.

Leslie R. Parris, 32, of Lewis Place, Batavia, is charged with harassment, 2nd, criminal contempt, 1st, and criminal contempt, 2nd, following an alleged domestic incident with another individual. Parris was put in the Genesee County Jail on $1,000 bail.

George J. Budzinack Jr., 35, of Harvester Avenue, Batavia, is charged with criminal mischief, 4th, and criminal contempt, 2nd. Budzinack is accused of breaking property belonging to another person. There was also an order of protection issued by Batavia City Court protecting the other person from Budzinack. He was put in the Genesee County Jail on $1,000 bail.

Jason E. Carpenter, 36, of Sunrise Parkway, Oakfield, is charged with criminal mischief, 4th, and criminal trespass, 2nd, after an arrest warrant was issued for an incident on Washington Avenue in Batavia. Carpenter allegedly entered a residence without permission and broke a car window. He was put in the Genesee County Jail on $1,000 bail.

Faith L. Finnin, 21, of Brockport, is charged with petit larceny. Finnin allegedly stole approximately $900 worth of cash and miscellaneous items while employed at Kmart in Batavia.

Steen L. Bordonaro, 49, of Woodcrest Drive, Batavia, is charged with criminal mischief, 4th, following an alleged road rage incident. Bordonaro is accused of using his motorcycle helmet to dent a vehicle door.

Daniel L. Pelton, 58, of Stafford, is charged with aggravated DWI and consumption of alcoholic beverages after he arrived at State Police Barracks to follow up on a previous complaint. Troopers stated they immediately detected a strong odor of alcohol and Pelton was given a standardized field sobriety test which he subsequently failed.

If county funding of the local library system had kept pace with inflation, the Legislature would be looking at a budget expenditure of about $80,000 annually, instead of the $45,000 used to help support the service this year.

With that in mind, Robert Conrad, director of the Richmond Memorial Library, made the case to the Human Service Committee on Monday that in the upcoming budget, the Legislature should consider a modest increase in funding of about $4,500.

Chairman Frank Ferrando indicated he thought that was a reasonable request.

"I can't speak for the entire Legislature, but for myself absolutely, I think it's really important that we have good, updated libraries available for our citizens with all the modern technology we now have available to garner information," Ferrando said.

He's interested in hearing what other members of the Legislature have to say about it.

"We're probably going to have some interesting discussion come budget time, but they're asking for $4,500 above last time, which would be the total up to around $50,000, which is still less than $1 per citizen in the county," Ferrando said.

The county funding for the library system flows through the Richmond Memorial Library and Conrad said a few years ago the county provided the library with a little more than $63,000.

While based in Batavia, the Richmond serves the entire county, especially those towns and villages in the county, such as Elba, Alexander, Bethany and Darien, without their own libraries.

Primary funding for Richmond comes from its own district, which is contiguous with the Batavia City Schools' district.

"About one-third of our cardholders live outside of the district," Conrad said. "The same is true for the other libraries in the county. We're the defacto public library of the county because we have the most available in our local history collection. We receive the grant for homebound services for senior citizens throughout the county, along with other services we provide to the entire county."

The local library service area is unique, Conrad said, in that it ensures even those people who live outside of the district receive library services. That isn't always true in other parts of the nation. For example, in Chicago, where Conrad worked for many years, citizens who didn't live in a library district received no library services.

Conrad is optimistic the funding request will be approved.

He characterized the reception he received from the committee as warm, with a discussion full of penetrating questions.

"I think the legislators generally look favorably upon libraries," he said.

The City of Batavia Fire Department will be holding a ceremony to remember Capt. Loren J. Michel, who died after helping fight a house fire 50 years ago.

The memorial ceremony will be at 10 a.m. Wednesday, Aug. 5 at the City of Batavia Fire Headquarters on Evans Street. A new station plaque donated by the firefighters' association will be dedicated. Members of Firefighters Local 896 organized the ceremony to honor Capt. Michel's sacrifice.

Capt. Michel was the only city of Batavia firefighter to die in the line of duty.

Marty Phelps, firefighter, remembers getting the call for a house fire at 402 Bank St. around 2:30 p.m. on Aug. 5, 1965. Phelps was in the truck going down Ellicott Street on his way to the scene and saw Capt. Michel pointing to the sky.  

"It looked like Pearl Harbor," Phelps said. "The whole sky was black from black smoke and we knew we had a real serious fire."

When they arrived at the scene, a lady almost knocked Phelps down and screamed that her two boys were trapped inside the house. No one knew the boys were watching firefighters battle the blaze from the backyard.

Firefighters started fighting the fire and cut a hole in the roof. According to Phelps, an explosion occured and a "massive fireball" came from the first floor of the house and down the stairway over two firefighters. They couldn't get into the house.

"Capt. Michels was standing in the doorway when the fire came down over the top of two of the firefighters," Phelps said. "The fire was so intense it flipped him and he inhaled the fire, burning his lungs."

Michels was not wearing an air pack and staggered out of the house to get some oxygen. Wilbur Hinz, president of the Western New York Volunteer Firemen's Association, helped Michels walk to the truck.

Phelps recalls the last thing he heard Capt. Michel say before Hinz drove him to Genesee Memorial Hospital.

"He flipped his face back and you could see his face was burned and his eyes were red," Phelps said. "He was gurgling and said, 'I want to see my wife and daughter.' "

Thirty minutes later Capt. Michel collapsed in the emergency room and died due to smoke inhalation. Hinz had gone to tell Michel's wife, Carol, that he was receiving oxygen at the hospital but would be home soon. Hinz returned to find Michel's dead. An autopsy confirmed his cause of death as pulmonary edema.

Capt. Michels served the department for 24 years. In March 1965, he was awarded "Fireman of the Year" for his role as a Genesee County mutual aid instructor for 17 years. 

Currently, a plaque honoring him is outside the fire department. The plaque will be moved inside when the new one is dedicated Wednesday morning.

From the city's Bureau of Maintenance:

Gateway Drive will be closed on Tuesday, Aug. 4, between 7 a.m. and 1 p.m. for cold milling operations.

Residents and businesses are not to park on the roadway during cold milling operations.

Residents and businesses of Gateway Drive will have limited access to their properties and should expect delays when milling operations are ongoing. If work is postponed by weather, work will be rescheduled for the next calendar day.

Read more http://www.batavianewyork.com/home/news/gateway-drive-closed-on-tuesday-84

Suzanne Corona, infamous because of her 2010 arrest on an adultery charge, and who's been in and out of trouble with the law ever since, admitted this morning to her first felony conviction.

In Genesee County Court, as part of a plea deal, Corona entered a guilty plea to a single count of attempted criminal sale of a controlled substance, 5th, a Class E felony.

As a result, she faces up to one-and-a-half years in jail, but as a first-time felony offender, and no limitation on her sentence as part of the deal, Judge Robert C. Noonan will have latitude to give her a shorter jail term or even probation.

She is scheduled to be sentenced at 1:30 p.m., Sept. 29.

Corona admitted to selling an amount of suboxone to an agent of the Local Drug Task Force in May 2014.

As part of the plea deal, she agreed to restitution to the county of $60.

The story of Suzanne Corona made international tabloids in June 2010 after a Batavia police officer responded to a complaint in Farrall Park of a couple engaged in sexual activity. The officer, knowing Corona and knowing the man she was with wasn't her husband, charged her with adultery, a seldom used criminal charge in the State of New York. In the following months and years, Corona was arrested on a series of petty theft charges, and then didn't make the news for a long time prior to this arrest.

She was initially charged with fourth-degree criminal sale of a controlled substance and fourth-degree criminal possession of a controlled substance.

Photo: file photo.

Jenea M. Macleod, 31, of Genesee Street, Corfu, is charged with two counts of criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, criminal use of drug paraphernalia, 2nd, aggravated unlicensed operation, 2nd, and operation of a motor vehicle by an unlicensed driver. Richard T. Garlock, 33, of Newstead, is also charged with two counts of criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia, 2nd. The subjects were pulled over by Deputy Joseph Corona for a traffic stop on Clinton Street Road in Bergen when they were allegedly found to be in possession of heroin, crack cocaine, hypodermic needles and items associated with the use of the controlled substances. Macleod was released under the supervision of Genesee Justice. Garlock was put in the Genesee County Jail on $1,000 bail. 

Herbert C. Smith, 52, of Rochester, is charged with burglary, 3rd, and petit larceny. Smith is accused of stealing merchandise from Walmart in Batavia and was allegedly banned from the store due to a previous incident. He was put in the Genesee County Jail without bail.

Tacalla N. White, 42, from Rochester, is charged with petit larceny and criminal trespass, 3rd. Linda M. Floyd, 48, and Tamara Rouse, 22, both from Rochester, are also charged with petit larceny. The subjects are accused of stealing merchandise from Walmart in Batavia. White was allegedly previously banned from Walmart.

Virginia E. Glazier, 29, of Caswell Road, Byron, and Teryl A. Havel, 55, from Tennessee, are charged with petit larceny after they allegedly stole corn from a roadside crop stand on Batavia Elba Townline Road. Glazier and Havel are accused of taking corn without paying from an unattended farmer's produce stand, which uses the honor system for depositing payments. 

Christina R. Keels, 29, of Judge Road, Alabama, is charged with criminal mischief, 3rd, following an investigation into a domestic incident that happened on Judge Road. Keels allegedly hit a motor vehicle several times with a metal garden rake causing damage to the windshield and hood.

James P. Belliveau, 53, of Lockport, is charged with aggravated DWI with a BAC of .18 percent or greater, DWI, and failure to keep right following a traffic stop by Deputy Chad Cummings on Alleghany Road in Alabama.

Michael R. McNamara, 34, of Cheektowaga, is charged with DWI and failure to keep right. State police pulled over McNarmara for a traffic stop on Sumner Road in Darien.

Demetrius A. Gibson, 38, of Rochester, is charged with driving while ability impaired by alcohol, aggravated unlicensed operation, 2nd, unlicensed operation and tinted windows. State police pulled over Gibson for a traffic stop on Main Street in Batavia.

Robert L. Williams Jr., 24, of State Street, Batavia, was arrested on a bench warrant issued by the City of Batavia Police Department. Williams allegedly failed to appear for a scheduled court date. 

Anthony M. Rodriguez, 22, of Rochester, is charged with unlawful possession of marijuana. Rodriguez was allegedly found to be in possession of a quantity of marijuana in a parking lot during the Incubus concert at Darien Lake.

A car has reportedly hit a bicyclist on South Swan Street, Batavia.

A minor injury is reported.

City fire and Mercy EMS responding.

Dozens of families attended the first local synchronized breastfeeding event at the Jerome Center this morning.

The Big Latch On was hosted by the United Memorial Medical Center and Oak Orchard Health WIC program to commemorate World Breastfeeding Week, Aug. 1-7. The week is celebrated in 120 countries. The first Big Latch On took place in Aotearoa, New Zealand, in 2005 and was held in Portland, Ore., in 2010.

Today's Big Latch On was the first local breastfeeding event in Genesee, Livingston, Orleans and Wyoming counties. Thirty-one nursing moms and a few dads with their children attended the event to show their support for breastfeeding. Families were entered into a raffle for a Vera Bradley diaper bag and other giveaways. The City of Batavia Fire Department also offered free car seat safety checks.

Maria Dentino, Oak Orchard Health WIC breastfeeding coordinator, gave out recognition awards to businesses that support breastfeeding families. The workplaces that received awards were Genesee County Court, Lucky Ducky Daycare, Lifetime Assistance, Wegmans in Brockport, Target in Greece, and the Greater Rochester International Airport. All of the recipients were nominated by local women.

"The goal is to celebrate Global Breast Feeding Week and raise awareness for the health benefits of breastfeeding," said Colleen Flynn, director of community relations at UMMC.

Breastfeeding has many health benefits some of which include reducing the risk of infant morbidity and mortality, diabetes and cardiovascular disease.

In addition to the event, UMMC's Baby Cafe is celebrating its one year anniversary. The educational support program for nursing moms and their children is held every Tuesday at 1 p.m. Moms can ask lactation counselors questions and socialize with other moms. So far, 80 moms and their children have attended the program.

Kevin M. Waleski Jr., 27, of South Pearl Street, Oakfield, is charged with DWI, aggravated DWI with a BAC of .18 percent or greater, breath test refusal, unlawful operation of an ATV and operating an ATV without a helmet following an investigation into a disturbance on June 6. Waleski allegedly crashed the ATV near the Oakfield Hotel and refused a roadside breath test. He was jailed without bail.

William J. Bick, 26, of Ellicott Street, Batavia, is charged with: operating a motor vehicle with a BAC of .08 percent or greater; DWI; moving from a lane unsafely; and failing to keep right, following an investigation into a motor-vehicle accident on Dodgeson Road in Darien.

Earlier this week, City firefighters paid a visit to the History Heroes summer education program at the Holland Land Office Museum.

Photos submitted by Jeffrey M. Fischer, assistant director.

The United States Air Force Auxiliary Civil Air Patrol presented awards in a ceremony Thursday evening at The Northgate Free Methodist, 350 Bank St., Batavia.

The CAP Cadet Program introduces thousands of young people between the ages of 12 and 18 to aviation, and offers them summer programs, including some that offer an opportunity to solo in a light airplane at low cost. The CAP Cadet Program is designed to motivate and develop well-rounded young people, who in turn will become model citizens and the future leaders of our nation.

CAP cadets progress at their own pace through a 15-step program that includes aerospace education, leadership training, physical fitness and moral leadership. Cadets can compete for academic scholarships to further their studies in such areas as engineering, science, aircraft mechanics and aerospace medicine. They can also compete for scholarships leading to solo flight training. Cadets have an opportunity to go overseas in exchange programs; some of these exchange cadets get a chance to fly with foreign air forces.

Photo from left is: Cadet Commander C/Capt. Kristen Stewart (Batavia Composite Squadron), Lt. Col. Charles Miller, NY Wing Cadet Programs Officer who presented the awards, C/Capt. Alex Dougherty (Condor Composite Squadron, Perry/Warsaw), and Cadet Deputy Commander  C/Capt. Andersen Campbell (Batavia Composite Squadron) for earning their Amelia Earhart Award.

Not pictured but who earned the General Billy Mitchell Award is C/Capt. Kristen Blue (Condor Composite Squadron, Perry/Warsaw).   

For more information to join the Batavia Composite Squadron , contact Commander 1st Lt. John H. VanderSypen http://falcons253.weebly.com or the Perry location contact: Commander Captain Michael Akey http://www.nywcap.org/CONDOR

Tomorrow is Don Burkel's last day as the executive director of the Batavia Business Improvement District.

Burkel just has to tidy up his desk before he passes the torch to incoming director Laurie Oltramari.

Burkel was the first director of the BID and has been leading the not-for-profit organization for almost 17 years. He has witnessed Downtown Batavia undergo many changes.

"When I started as the director, there was a variety of retail businesses in the city," Burkel said. "Now there are fewer businesses and properties are harder to fill with retail."

Although there has been a decline in the number of businesses, Burkel has overseen many positive changes as well. Some of his favorite projects include the transformation of buildings on Main Street and Jackson Street.

"I will miss working with the people of Downtown Batavia and seeing various projects completed," Burkel said.

Burkel believes people should focus on the positive aspects of Downtown Batavia and all of the potential small business opportunities it has to offer. In the future, he foresees development of the old Carr building and the construction of a boutique hotel. He also predicts more pop-up businesses will come to Downtown.

"I want to thank everyone Downtown for supporting me," Burkel said. "I know the BID's Board of Directors and committees will continue to further the vision for Downtown Batavia. I look forward to their accomplishments in the future and as I always say 'Shop Downtown!' "

To kick off his retirement, he is traveling to Maine with his wife to do some kayaking. He also plans to continue his photography and expand his collection.