batavia

With paving underway today, the $2.5 million reconstruction project for Summit Street is near completion for the major portion of the work. There are still trees to plant and other finishing touches that need to be done; crews could wrap the major work up today.

There are still patches left of fall color, such as along the Tonawanda Creek behind the County Courthouse.

A Level 3 sex offender facing a possible life sentence on his latest charges alleged sexual conduct with a child won't get a chance to make bail, Interim Judge Micheal Pietruszka ruled in Genesee County Court this morning.

Pietruszka cited the five felony convictions, including two violent felonies, and five prior violations of terms of probation when ordering Marlek E. Holmes, 42, of Batavia, held without bail.

District Attorney Lawrence Friedman requested a no-bail status because if convicted of the two Class A felonies in the last indictment -- predatory sexual assault and predatory sexual assault against a child -- Holmes could be sent to prison for the rest of his life.

In all, Holmes is charged with 11 counts related to alleged sex crimes between 2010 and 2015, plus there are also charges still pending stemming from two prior incidents where Holmes allegedly failed to register his correct street address as a registered sex offender.

His attorney will have until Dec 16 to file any motions in the case, and a hearing on any motions was scheduled for 9:30 a.m., Jan. 11.

A chemical fire is reported at Summit Lubricants, 4080 Pearl Street Road, Batavia.

The caller reports he is the only employee working and he is out of the building.

Town of Batavia fire dispatched.

UPDATE 2:35 a.m.: A chief reports a working fire at the rear of the building. Another chief asks, "what is it?" "Charcoal, he's telling me," the second chief replies.

UPDATE 2:37 a.m.: All available manpower requested to the scene.

UPDATE 2:47 a.m.: The fire is in a silo on the outside of the building. The chief is unsure if it's made its way into the interior of the building. Oakfield requested to fill in at Station 1, Stafford to fill in at Station 2.

UPDATE 3:20 a.m.: A firefighter needs treated for smoke inhalation. On scene, firefighters say fire contained to silo detached from the building, but it was popping pretty good. There is quite a bit of charcoal in the silo. Firefighters will attempt to remove it to get the fire out. 

UPDATE 3:27 a.m.: Firefighters have open the top and are putting water on the fire from the top. The firefighter treated by Mercy should be fine.

UPDATE 3:49 a.m.: Employees in nearby facilities should shelter in place and turn off HVAC systems.

UPDATE 4:18 a.m.: Fire is out. Chief informs dispatchers, "It was not a chemical fire." It was just a charcoal fire. If there are complaints of odor in the area, "that's all it is," says the chief.

UPDATE 7:45 a.m.: Town of Batavia fire cleared this scene just before 6 a.m. Now they're called back for another alarm. A chief on scene reports, "nothing showing."

UPDATE 7:51 a.m.: Investigating, all units can remain in quarters at this time.

UPDATE 7:55 a.m.: Alarm is unfounded.

More than 100 children turned out last night for "Baggerween," a free trick-or-treat event in the parking lot behind City Slickers, sponsored by ABATE (American Bikers Aimed Toward Education).

Participating bikers loaded up their saddle bags with candy for children in costume.

Photos provided by Jason Franklin.

Things seemed to be going Livonia's way in the first half of the Class B Section V semifinal game in Rochester yesterday afternoon.

The Bulldogs controlled the ball for much of the first two quarters while the Batavia offense sputtered, with the team getting its only points in the half on a 71-yard kickoff return by Chandler Baker.

Livonia led the Blue Devils 14-8, but this is Batavia on the field. Head Coach Brennan Briggs preaches "relentless football." Toughness is a given, and when the Blue Devils took possession to open the first half the determination to play tough was apparent.

Batavia scored on their opening drive, followed by a fumble recovery on Livonia's first possession, and the Bulldogs never got back in the game.

It's almost as if you could watch Livonia's fight fade with each passing down.

"Livingston County is great football and they’re tough kids, but I do believe at the end of the day, we’ve got one of the toughest football teams going and these guys pride themselves on it," Briggs said. "When we sniff a little bit of weakness, we’re going to go after it and we’re going to keep going and we’re not going to stop."

The Bulldogs seemed to game plan well to counter the ground threat of sophomore Ray Leach, who was held to only 28 yards on 15 carries for the game, so in the second half, Briggs switched things up a bit, letting QB Jerry Reinhart use his arms and legs more.

Reinhart finished with 73 rushing yards on 13 carries. He was also 7-14 passing for 121 yards and a TD.

His favorite target was Leach, who had four catches for 73 yards, including a 23-yarder for a TD.

“You get number 34 in space and he’s deadly," Briggs said. "Our quarterback can get the ball to him and get him in space where they can’t bottle everything up and then somebody has to make a play on Ray Leach in space and that’s pretty difficult to do.”

Leach was also a factor on defense coming up with big play after big play, including snuffing out a Livonia drive with an interception in the end zone.

"He likes to hit," Briggs said. "He likes to bring the stick. He gets fired up. He did a good job doing his 1/11th and he was locked down to defend one of their best receivers. I’m proud of him and I’m proud of this football team."

The defensive dominance by the Blue Devils in the second half was a team effort, with contributions from Reinhart, Chandler Baker, J'Zon Richardson and Anthony Ray.

The defensive line stiffened in the second half, doing a better job of bottling up Brody Metcalf, Matt Hyde and John Smith on the ground, pushing back the O-line and harassing Metcalf more consistently when he dropped back to pass.

“To be honest, that’s not scheme," Briggs said while discussing some of the second-half defensive adjustments. "That’s our guys deciding that they’re really going to start to take over."

It's almost as if Batavia could smell blood in the water after that first fumble (there were two in the second half (three actually, but the refs gave the ball to Livonia)).

Briggs said his team knows how to sniff out another team's weakness and exploit it. Reinhart agreed.

"If you keep pounding somebody’s weakness, they’re going to slow down, no matter who it is," Reinhart said.

Batavia won 31-20 after Livonia scored a TD in the final second of play (see last picture in slideshow).

The Blue Devils now have a chance to three-peat as sectional champions. This is a very different team from the one that took home the trophy each of the past two seasons and Briggs said this year's squad has had a bit of a chip on its shoulder because of comparisons.

"These guys have their identity now," Briggs said. "A lot of people talk about that we graduated 16, 17 players and Batavia wasn’t going to be there, but here we are and we’re still going to keep that chip on our shoulders."

Reinhart said that identity is built around the team's motto, "relentless."

"That’s what is says on the back of al our T-shirts: relentless, and that’s how we play football," Reinhart said. "We hit these guys and we don’t stop until the game’s over."

Next Saturday at 3 p.m., Batavia will be back in Rochester to face Hornell for the Section V Class B championship. Hornell has been out of the post-season picture the past couple of years but comes into the final, like Batavia, undefeated for 2016. Yesterday, the Red Raiders beat Palmyra-Macedon 49-29.

Top photo: Codie Dioguardi scores on Batavia's opening second-half drive.

To purchase prints of photos, click here.

Batavia Police have been dispatched to the McDonald's on East Main Street for a report of a vehicle that struck the building sometime between 4:30 and 4:45 a.m.

No indication how the caller came up with that time.

Part of a taillight was left at the scene.

Press release:

Kiwanis Club of Batavia is sponsoring an AMBA (Annual Multiphasic Blood Analysis) Wellness Program on Saturday, Nov. 5.

AMBA is a blood analysis program that screens for coronary disease, kidney disease, anemia, liver disease, and diabetes – all for $40.

The program will occur from 6 to 10 a.m. at the YWCA of Genesee County, 301 North St., Batavia.

Please call 1-800-234-8888 to schedule an appointment.

Personal physician authorization is required, so please have your physician’s name and address available when making your appointment.

For more information, please contact Mike Rimmer at:    mrimmer1@rochester.rr.com

The $2.5 million Summit Street reconstruction project that started this summer in the heart of the city is winding down and Matt Worth, the city's Department of Public Works superintendent, says he expects everything to be completed week's end.

By contract, the work has to be "substantially done" by the end of the month, that's Monday. 

Worth said putting down the black top will technically substantially complete the project. Though that task is "a little weather-dependant, the forecast looks like that will be happening Monday."

Next is the completing the landscaping.

Thirty trees were removed because they conflicted with installation of curbs and sidewalks, or they were in a deteriorated condition. Sixty-two new trees are being planted. Worth added that this is an ideal time to plant the trees, according to the nursery they are working with, and it's apparently good to wait for the trees to become dormant for the season before planting them.

Grass seeding has been completed on the east side, and the finishing touch to the landscaping-- grass seeding on the west side -- will be done by Friday.

Also, crosswalks and stop bars will need to be painted on the fresh asphalt.

"We're really looking to bundle this up, so by the end of next week, I believe those things will have occurred," Worth said.

The Rochester engineering firm of Erdman Anthony has been supervising independent contract companies on this locally administered federal-aid project.

Workers removed the old road, put in new storm, sewer and drainage systems, and paved the road. Federal and state funds covered all but about $100,000 of the cost, with the city responsible for the rest.

The city also funded a $350,000 project to install new water main on Summit Street.

Our news partner WBTA AM/FM contributed to this story.

For previous coverage about the city's infrastructure projects this year, click here.

A pedestrian has been struck by a vehicle on North Bennett Heights Road, Town of Batavia. That's off State Street Road.

The patient is conscious and talking, according to the caller.

Town of Batavia fire and Mercy EMS responding.

UPDATE 7:51 a.m.: Town of Batavia fire back in service.

Via our news partner, 13WHAM. (Note: this is an edit from the broadcast version to replace video we can't use on The Batavian with our own photos.)

Robert S. Sojda, 52, of West Main Street Road, Batavia, is charged with petit larceny. At 10:52 p.m. on Oct. 25 Batavia Police responded to the Speedway convenience store at 204 W. Main St. for the report of a larceny. While police were on scene, Sojda returned to the store and he was taken into custody. He allegedly stole a Mike's Harder Lemonade by placing the can inside his sweatshirt prior to leaving the Speedway. He was issued an appearance ticket for Nov. 1 in City Court. The case was handled by Batavia Police Officer Erick Perkins.

Dakota O. Irvin, 25, of Ross Street, Batavia, turned himself into Batavia Police headquarters Oct. 24 on a bench warrant after he failed to appear in City Court for a traffic ticket issued Oct. 19 for third-degree aggravated unlicensed operator. He was jailed on $500 bail and was due in City Court this afternoon. The case was handled by Batavia Police Officer Arick Perkins.

Press release from City of Batavia Police Department:

SUBJECT: Halloween Trick or Treating

DATE / TIME OF OCCURENCE: Monday, Oct. 31 from 4:30 to 8:30 p.m.

If you plan on going door to door make sure you are properly supervised by a parent or responsible adult.

Do not go to homes where the porch lights are off

Use a flashlight to let drivers see you, and see where you are going.

To avoid tripping or injury don't wear costumes that are loose fitting and too long.

Don't wear masks that obscure your vision, make up is a good alternative to masks.

Wear reflective, bright colors to be seen by drivers after dark.

Walk on the sidewalks, or as near to the curb as possible if there are no sidewalks.

Observe safety rules when crossing or walking on the streets, and stay clear of traffic.

Parents should inspect any treats before you eat them!

The Batavia Police HIGHLY RECOMMEND as an alternative to going door to door, attend one of the Halloween events sponsored by local businesses.

Choose costumes that are marked flame retardant.

Make props such as magic wands and swords out of cardboard, rather than metal or wood.

Give and accept wrapped or packaged candy only.

Go out in daylight and carry a flashlight in case of delay.

Have children stay within their neighborhood; only visit homes you know.

All “Trick or Treating” shall be completed by 9 p.m.

HAVE A SAFE AND HAPPY HALLOWEEN!

Press release:

Tops Friendly Markets, a leading full-service grocery retailer in New York, northern Pennsylvania, western Vermont, and north central Massachusetts announced today that the company will offer military personnel and their immediate families an 11-percent discount off of their grocery bill this Veterans Day.

On Friday, Nov. 11, Tops Markets will honor an 11-percent discount off of a total order to all veterans and immediate family members in the same household, who shop at any Tops location.  Customers should present proof of service that they, or an immediate family member are a U.S. Veteran, active duty, reserve or retired military personnel to automatically receive an 11-percent discount off of their total purchase that day.

In Genesee County, there are two Tops locations: 390 W. Main St. in Batavia and 128 W. Main St., Le Roy.

“The respect and gratitude we have for the people who serve and have served in the military is immeasurable, and for that we are forever grateful,” said Frank Curci, Tops chairman and chief executive officer. “We wanted to support local military personnel by giving back to our associates and customers who have courageously defended our country and made many sacrifices through their military service.”

Tops is a longtime supporter of military associates and customers. The company’s actions include support of the American Veterans Tribute Traveling Wall, Honor Flight Missions, sending care packages for troops serving domestically and overseas, VA hospital visits, and participation in veteran job fairs, parades and expos.

City police are responding to Walnut Street for a property dispute. A caller reports a babysitter is "refusing to return diapers and blankets."

A two-vehicle accident, possibly a head-on collision, is reported at Richmond Avenue and Oak Street. Injuries are reported and it is blocking traffic. City police, Mercy medics and firefighters are on scene.

UPDATE 11:26 a.m.: Richmond Avenue is shut down "up to North Lyon Street from Oak Street."

UPDATE 11:35 a.m.: This was a T-bone accident. One driver is not injured; the other complained of head and neck pain and was transported to the hospital for evaluation.

UPDATE 11:40 a.m.: Two flatbed tow trucks are called to the scene.

UPDATE 11:49 a.m.: The road is reopened.

A convicted sexual predator has been arrested and accused of sexual contact with a child.

Marlek E. Holmes, 42, of Batavia, is being held without bail after being arraigned in County Court on an 11-count grand jury indictment.

The assaults allegedly occurred in the City of Batavia and Village of Le Roy from 2010 to 2015.

He is charged with two counts of predatory sexual assault, two counts of predatory sexual assault against a child, two counts of incest in the first degree, sexual abuse in the first degree, rape in the third degree, criminal sexual abuse in the third degree and two counts of incest in the third degree.

Holmes has previously been arrested locally on charges of failure to register a change of address as a Level 3 sexual offender and of sending indecent texts to a child.

The smell of something electrical burning greeted an employee upon opening the Dollar General Store on East Main Street in Batavia a few minutes ago. The worker called dispatch and city firefighters just arrived and are investigating.

UPDATE 8:54 a.m.: Command reports no sign of smoke or fire; investigation is continuing.

Heather Ace was hanging out at a friend's house drinking Four Loko* the night of May 20 when her mother tried to call her and tell her that her house on Bank Street Road was on fire, according to a statement Ace gave to investigators.

When Ace didn't answer the phone, her mother sent her a text message, according to a statement by Tracy Ace, that read, "Answer your f---ing phone."

Heather answered on the next ring.

According to Heather's friend, Ashki Zajaczkowski, Heather dropped the phone and started screaming.

Zajaczkowski drove Heather to 8157 State Street Road, Batavia, where she lived with her three boys, including two fraternal twins, Micah and Michael Gard, and before Zajaczkowski would even stop the car, Heather was running from the car hysterically. 

The evening wasn't supposed to go as it did, according to the statements. Heather Ace was planning to go to the movies with Zajaczkowski and other friends, but as afternoon turned to evening, nobody really felt like heading out of town.

Ace put her two children to bed sometime between 8 and 8:30 p.m. and then headed over to a friend's house. She smoked some weed and then went to the Speedway and bought a can of Four Loko and some water before heading over to Zajaczkowski's house.

The two boys were locked in their room, with a lock on the kitchen side of the door put in place after the boys wandered out of the house over to the neighboring house, the residence of their grandparents.

When firefighters arrived that night, they also found the door leading into the apartment kitchen locked. Heather Ace said in her statement, she didn't know how the door became locked. She said she didn't lock it before leaving the house. Tracy Ace said it wasn't Heather's practice to lock the door because her husband needed access to the basement, where he stored his tools.

The cause of the fire has never been determined.

Micah and Michael died in the fire and Heather Ace has been charged with endangering the welfare of a child.

She appeared in Town of Batavia Court yesterday and entered a not guilty plea.

She is represented by public defender Jerry Ader, who said yesterday he had not yet had a chance to discuss the case with his client.

Photo: Previously unpublished, officers dealing with distraught people at the scene of the fire.

*Four Loko is a flavored, malted alcoholic beverage.