batavia

Trucks filled with base and binder are on the south end of Cedar Street this morning getting ready for this week's paving job. The south end will be closed until at least Friday. Everything north of Edwards Street remains open, though crews are putting the finishing touches on that street reconstruction project. Businesses on Cedar Street remain open.

City residents are invited to an open house at the Community Garden from 9 to 11 a.m., Saturday, 10 MacAruthur Drive (behind the Batavia Youth Center, the former wading pool).

Residents can meet the garden staff and learn about square-foot gardening, which provides a way for people looking for locally, grown fresh fruits and vegetables to grow their own in a way that is easier than digging up a plot of land.

There are more than two dozen beds available for residents to rent and applications can be obtained by calling the Youth Bureau at (585) 345-6420. Prices range from $15 for a 4'x4' plot up to $35 for the one 4' x 12' plot.

Plants that might be grown include tomato, green peppers, winter squash, eggplant, cucumber, green beans, basil, parsley and beets.

A gardner could wind up with more than 50 pounds of produce out of a 4' x 4' box.

The gardner provides the seeds or sprouts, waters and cares for his or her own box and brings his or her own tools.

Pictured: Master Gardner Bob Gray.

Press release:

Representatives from Western Regional Off-Track Betting Corporation (WROTB) announced today that total wagering at WROTB on Saturday’s Churchill Downs races including the Kentucky Derby topped out at $2,173,378. This beat WROTB’s previous record set in 2012 of $2,007,064. The 2014 number is an 8.8-percent increase over the 2013. Wagers placed at Batavia Downs Gaming totaled $26,000, an increase of 30 percent over last year. Wagering using BataviaBets.com, WROTB’s online Web site, was $97,387 -- a one-day record. Nationally, the handle on the Kentucky Derby was about even with last year. Seven winners across OTB’s branches hit the Superfecta for $7,691 each. One patron at Batavia Downs hit the $2 trifecta five times winning $17,500. Total handle taken in by WROTB on May 3rd was $2,529,197.90, a one-day record for the corporation, celebrating its 40th year of existence this month.

“We’re happy to see such robust numbers," stated WROTB CEO and President Michael Kane. “With national wagering flat, it’s great to see that people in Western New York made it a point to visit our gaming facility, branches and EZ Bets on Saturday to get in on the excitement that the Kentucky Derby brings to viewers. As a public benefit corporation, a percentage of money wagered goes back to the counties that own WROTB meaning higher Derby handle numbers benefit all residents of Western New York.”

TV Ratings showed that Buffalo Ranked 4th nationally among viewership in major cities posting a 16.9 rating and 32 share.

“It’s so exciting to see that interest in the Kentucky Derby is alive and well in Western New York,“ said Ryan Hasenauer, director of Marketing of Batavia Downs and WROTB. “We’re all pulling for a triple-crown contender in California Chrome. All our Branches will be open at 10 a.m. on May 17th, the morning of the Preakness, and we’ll be having another party at Batavia Downs with specials which include food, Free Play and a complimentary Preakness wager like we had for the Derby. There will also be live tellers available.”

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Regional OTB is a public benefit corporation with headquarters in Batavia, NY. WROTB owns and operates 30 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility.

Work is beginning today to replace the the 38-year-old cedar shingles on the roof of the Old Courthouse in Batavia. Workers will also repair the wooden cuppola. The county awarded the contract to Joseph Sanders and Son Co., out of Buffalo, in an amount not to exceed $180,000.

Rachel A. Gillespie, 23, of Main Road, Stafford, is charged with DWI, refusal to take breath test, moving from lane unsafely and driving on the sidewalk. Gillespie was arrested by Officer Marc Lawrence following a report at 2:33 a.m., Friday, of a disabled vehicle in the area of 218 E. Main St., Batavia. Gillespie allegedly drove the vehicle over the curb and onto the sidewalk at East Main and Center streets.

Amber L. Jaczynski, 22, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Jaczynski was arrested by Officer Matthew Lutey following a report at 1:35 a.m., April 27, of a vehicle parked in front of 22 Oak St., Batavia.

Steven M. Hoffere, 38, of Howard Avenue, Churchville, is charged with DWI and driving with a BAC of .08 or greater. Hoffere was arrested by Officer Peter Flanagan after Flanagan stopped at 15 Main St., Batavia, to assist with a disabled vehicle at 2:53 a.m., Saturday.

Dwayne Andrew Pearsall, 23, of Harlem Road, Cheektowaga, was arrested on a warrant. Pearsall was arrested by Hamburg PD and turned over to Batavia PD. He was jailed on $200 bail.

John A. Branscomb, 27, of Pearl Street, Batavia, is charged with petit larceny. Branscomb is accused of stealing a bicycle that was left outside the Genesee County Courts facility.

Rae C. Cook, 25, of Ellicott Street, Batavia, is charged with assault, 3rd, and criminal mischief. Cook was allegedly involved in an altercation at Billy Goats at 1:50 a.m., April 25.

John E. Jaszko Jr., 28, of Kelsey Road, Batavia, is charged with harassment, 2nd, and trespass. Jaszko was arrested following a report of an alleged incident involving his ex-girlfriend at 10:30 p.m., Thursday.

Steven D. Scroger, 28, of Oak Street, Batavia, was arrested on a bench warrant. Scroger is accused of failing to appear in City Court on a charge of unreasonable noise.

Ryan M. Shrauger, 44, of Hull Park, Batavia, was arrested on a warrant for alleged improper parking, 2 to 6 a.m.. Shrauger paid $85 police bail and was released.

Christopher A. Tetrault, 30, of Beaver Street, Albion, is charged with aggravated harassment, 2nd. Tetrault is accused of making several phone calls threatening to harm the person being called. He was jailed on $1,000 bail.

Lisa M. Durham, 42, of Park Road, Batavia, is charged with criminal contempt, 2nd. Durham allegedly had verbal contact with a person in violation of an order of protection.

Elizabeth Erin Hulshoff, 36, of Sokol Road, Attica, is charged with petit larceny. Hulshoff is accused of stealing $212.45 in merchandise from Walmart.

Jeremy D. Holmwood, 22, of Batavia, is charged with assault, 3rd, two counts of menacing, 2nd, criminal obstruction of breathing and unlawful possession of marijuana. He's also charged with criminal contempt, 2nd. Holmwood was arrested by State Police following an alleged incident reported at 2 p.m., Friday, in the Town of Batavia. The criminal contempt charge stems from an alleged incident reported at 9 p.m., Saturday. No further details released. Holmwood was jailed on an undisclosed amount of cash bail.

There was a big crowd for the big race at Batavia Downs.

The Kentucky Derby was won by California Chrome.

This gentleman wanted me to take a picture of his "winning" ticket. I couldn't find him after the race, so I can't confirm that it was indeed a winner.

Today at Terry Hills the Michael Napoleone Memorial Foundation hosted its annual Derby Day Gala fundraiser.

As expected, there were lots of fancy hats.

Above, Dave Pero.

Emily Branche.

Barb Pierce.

Kevin Carlson created formal portraits of guests.

Anthony Nemi.

Donna Kabel.

The hat of Linda Klips.

Ann Marie Suttell and Nancy Chapman.

Vandals have struck the Elmwood Cemetery for the third time in less than a month, this time knocking down eight headstones and two urns, according to Superintendent Steve Davis.

This time, the urn of the cemetery board president's father was knocked over, destroying a pot of fresh lilies.

According to Davis, a police investigator was able to get a picture of some fresh foot prints left in some dirt.

Previously:

• Vandals knock down 25 headstones at Elmwood Cemetery
• Elmwood Cemetery hit by 'intolerable crime' again

Jenicka Baker, 9, of Batavia, plays tug of war with a Genesee Community College student during a kids carnival held in the GCC Forum. The carnival featured a variety of games for children and was organized by students and GCC.

Charles Smith, Kiajia Johnson, 6, and Tahlia Smith, who turned 6 today, at the Frisbee toss.

While waiting for children to come to her game, Seneria Curtis, a GCC student, practiced her ballet.

City Firefighter Mike Dorgan helps Reese Koukides, 3 1/2, into her new car seat at a child car seat safety inspection and installation event in the City Centre Parking lot this morning. The event was sponsored by Tompkins Insurance.

Alex Wallace, Rachel Curtine and Angie Hennessey were among the volunteers this morning at the Batavia Peace Garden helping to plant spring flowers.

Members of the Buffalo 716ers, a professional basketball team in the American Basketball Association, made a personal appearance at T.F. Brown's tonight. Jerry Smith, proprietor of the Showtime Sports Academy in Batavia, organized the event. Smith is taking on several projects to promote basketball locally and throughout the region.

From left are, Darnell Boswell, Devon Dawson, Anthony Hodge, Tawan Slaughter (the team's owner and coach), Jerry Smith Donald Felice (media agent) and Mario Williams.

Press release:

The "Spirit Award" in the Social Entrepreneurship / Nonprofit category was awarded to five Genesee Community College students after they presented their "Batavia Loop Trail and Bordering Business Development" plan to a team of judges at the fifth annual New York Business Plan Competition in Albany last Friday, April 25, 2014. The annual competition invites students from colleges around the state to submit innovative ideas designed to address a currently unmet need in one of six categories.

The GCC students presenting the Batavia Loop Trail (BLT) included Tara Beckens of Clifton Springs, Danielle Cannella, Richard DelPlato, and Maryssa Peirick, all from Batavia, and Adrienne Payne, of Byron. As members of GCC's CEO or Earth Clubs, they envision developing an 11-mile loop trail that skirts around the edge of the City and Town of Batavia connecting a wide array of businesses and regional resources -- from ice cream shops and restaurants to Batavia's treasure trove of city and county parks.The BLT maximizes the idyllic views of Tonawanda Creek and would provide safer walking and bicycling pathways to GCC, College Village, as well as Batavia High School and Genesee Valley Educational Partnership/BOCES on State Street.

The project builds upon the growing international interest and economy of bicycling tourism, and also on Batavia's proximity to NYS Thruway providing a huge tourist market. BLT also links into the new Ellicott Trail, which was recently awarded $1.5 million through NYSDOT Transportation Enhancement Fund. Students researched state and federal funding resources and were delighted to learn that BLT potentially meets many of the criteria for funds from the Unified Planning Work Program (UPWP), Consolidated Funding Application (CFA), NYSERDA's Cleaner Greener Communities, and Transportation Alternatives Program (TAP).

Lastly, and most importantly to the students – the long-term vision poses excellent hands-on learning opportunities not only for GCC students but for the Genesee Valley Educational Partnership (GVEP/BOCES). Next year, students hope to present a plan to GCC's Board of Trustees sharing their idea of creating a small on-campus business, the Recreational Rental Center, giving both students and the general public the opportunity to rent bicycles for the trail and potentially other equipment such as tennis rackets or soccer balls. The new micro-business will provide future GCC students enrolled in Business Administration, Accounting, Sport Management, Travel & Tourism, Web Design, Digital Arts and Physical Education with excellent co-op, internship and work study opportunities. Equally dynamic is providing GVEP/BOCES students enrolled in Conservation, Welding and Automotive Technology programs the chance to help develop and maintain the trail.

The students say the BLT is a "transformative idea that extends out 11 years," but they divided the overall plan into five phases with the most easily implemented segments of the trail opening in 2018. Before heading off to Albany, they shared the BLT idea with local key officials, including New York State Assemblyman Stephen Hawley and City of Batavia Manager Jason Molino, and were delighted the concept was unanimously well received.

"When Jason Molino called the project a 'home run' and pointed out how it would enhance Batavia's quality of life, the students were smiling from ear to ear," said Donna Rae Sutherland, GCC's staff advisor for the project. "While they will probably no longer be GCC students when the project becomes a reality, they are excited to pass the torch along to their peers. And, they hope they will be able to use the trail in the future with their own children years down the road -- or perhaps I should say path!"

The New York Business Program Competition is hosted by the SUNY College of Nanoscale Science and Engineering (CNSE), University at Albany's School of Business and Syracuse University. It has become the premier collegiate contest encouraging innovation and entrepreneurship throughout New York's colleges and universities in the following 10 regional economic zones: Capital Region, Central New York, Finger Lakes, North Country, Mohawk Valley, Western New York, Southern Tier, Mid-Hudson, New York City and Long Island.

While making further inquiries into the reported unintended discharge of a police officer firearm April 22, Chief Shawn Heubusch informed us that the investigation into the matter has been closed.

Heubusch:

I will not be releasing any further details other than to say that the investigation has been completed and that there was no criminal negligence in this matter. The matter has been dealt with as a personnel issue.

The Batavian has issued a FOIL request to the city for the incident documents. The City has five days to acknowledge the request.

Previously: Accidental weapon discharge leads to internal police investigation

Richard Scott Ishmael, 49, of South Lyon Street, Batavia, is charged with endangering the welfare of a child and resisting arrest. Ishmael allegedly ignored Police Officer Peter Flanagan's commands and made lewd comments to the officer in front of his daughter, who is under age 17. While Ishmael was being placed in custody, he allegedly resisted arrest and continued to ignore officer commands.

A 17-year-old resident of Niver Road, Conesus, is charged with criminal possession of a controlled substance. The youth was allegedly found at 9:10 p.m. on April 26 at 127 North St. in possession of heroin.

A 17-year-old resident of Wood Street, Batavia, is charged with endangering the welfare of a minor. The youth is accused of knowingly hiding a juvenile runaway who had been reported missing for more than a week.

Eric M. Malecki, 33, of Prune Street, Batavia, was arrested on warrants for alleged parking on city streets between 2 and 6 a.m. Malecki was arrested following a traffic stop. He posted $200 bail and was released.

Harvey A. McMurray, 46, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. McMurray was arrested following a law enforcement and ambulance response to a medical call T.F. Brown's at 1:50 a.m., Sunday.

Gregory Seppe, 55, no permanent address, Batavia, is charged with appearance in public under the influence of drugs. Seppe was arrested following a request to check the welfare of a person on Ganson Avenue at 11:02 p.m., Sunday.

Lawrence E. Hanley, 63, of Walnut Street, Batavia, is charged with DWI, driving with a BAC of .08, failure to keep right, leaving the scene of a property damage accident and improper right turn.  Hanley was allegedly involved in a property damage accident at 7:57 p.m., April 20, on Walnut Street. The accident was investigated by Officer Stephen Cronmiller.

Landrea D. Ames, 41, of West Main Street, Batavia, is charged with petit larceny. Ames allegedly stole $142.65 worth of meat from Tops.

Fabian Vazquez, 34, of Harvester Avenue, Batavia, is charged with failing to signal a turn and aggravated unlicensed operation, three or more suspensions on three or more dates. Vazquez was stopped at 8:54 p.m., April 26, on East Main Street, Batavia, by Officer Chad Richards.

Adam D. Jett, 21, of Church Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Jett was stopped by Officer Darryle Streeter at 3:14 a.m., April 24, on East Main Street, following a report of an intoxicated male getting into a car and leaving the parking lot of a convenience store.

Lisa Marie Vega, 45, of East Main Street, Batavia, is charged with petit larceny. Vega allegedly stole a jacket from the lobby of the Genesee County Mental Health Office.

By the end of the month, 14 Jackson Square -- an address that never existed until recently -- will come to life in a new, and reinvented way.

The former Carr's Department Store Warehouse will contain three two-bedroom apartments (a fourth should be ready by the end of June) and a downstairs office space.

Paul Thompson and his partners will have invested more than $500,000 in the project, with the help of a state grant of $115,000, to convert the three-story structure into a mixed-use space.

The project fits a few of the city's goals to reinvigorate Downtown, said City Manager Jason Molino. It creates more residential space Downtown, more new office space and it converts a building that was doing nothing for the city into something vibrant.

"It takes a building that was always a warehouse and turns it into a useful and meaningful space Downtown," Molino said.

Thompson said his Byron-based company was interested in the project because they have some experience in redeveloping mixed-use spaces. It was a way to provide employment for his workers during the winter, and based on his experience with rental properties in the city, there's a strong demand for apartments designed to appeal to young professionals.

Study after study shows, young professionals want to live in environments where nightlife and shopping are in walking distance and there's a sense of urban life to the neighborhood (related story from USAToday).

This project brings the total of new apartments Downtown to nine, said Julie Pacette, coordinator for the Batavia Development Corp. All of the previous apartments rented to young professionals within days of becoming available.

By assisting Thompson and his partners, Pacette said, a property that was off the tax roles for a few years is now in private, property-tax-paying hands.

Thompson said the project has helped him expand his company. His staff of 14 is now a staff of 20, though not all of the new hires are directly related to this project.

Related: For those interested in new urbanism, the Congress for New Urbanism meets in Buffalo, June 4 though 7.

Paul Thompson

While on a check-the-welfare call April 22, the handgun of a Batavia police officer discharged unexpectedly, Chief Shawn Heubusch confirmed today.

The accidental discharged is being investigated, but the good news, the chief said, is nobody was hurt.

Officers responded to a check-the-welfare call in the Grandview Terrace complex and the chief said the officers were either concerned the person they were checking on was in danger or could be a danger to others.

An officer for this reason drew his or her weapon and when the officer went to return his weapon to its holster, the Glock .40 caliber fired.

The investigation so far has not ruled out a mistaken discharge or a gun malfunction. What has been ruled out is defect with the holster.

Heubusch confirmed that buttons on the sides of officers' jackets have been known to catch on the triggers of guns, but the officer in this case was not wearing a jacket and the officer had on no other clothing that might have caught on the trigger.

The officer's name is not being released. Outside of acknowledging that the incident took place, the case is being handled as a personnel matter, which requires confidentiality for the officer involved.

This is the first accidental discharge of a weapon in the department since Heubusch became chief and he said in "just asking the guys" nobody can remember a similar prior incident.

Asked if the officers were surprised when the weapon fired, he said the officers remained calm and in control. 

"They maintained their composure," Heubusch said. "If you think about their training, they're trained to maintain their composure in an actual live fire situation. They're trained to stick with the mission until the mission is accomplished and they did a great job of ensuring the scene was secured.

"Again," he added, "we're lucky nobody was injured and the floor suffered minimal damage."