batavia

Two white males are reportedly fighting on Dellinger Avenue and another is yelling from a nearby porch. City police are on scene.

The smell of smoke coming from an apartment at 19 Maple St. prompted city fire to respond and they had to force entry because no one was home. They found burning food on the stove and are now ventilating the residence.

UPDATE 4:52 p.m.: The resident returned. The dwelling was ventilated. The city assignment is back in service.

Boys and girls in grades 9-12 looking to advance their hoop dreams are invited to a basketball mini-camp starting Oct. 7 at Batavia High School.

The camp is hosted by Batavia Boys Varsity Basketball Coach Buddy Brasky and sponsored by the Batavia Boys Basketball Booster Club.

The camp will focus on improving offensive skills and it will be held from 7 to 9 p.m. every Monday and Thursday in October.

The cost is $125 and Brasky said the camp is designed for experienced and serious players only.

For more information, contact Brasky at (585) 356=4050 or e-mail him at mbrasky@bataviacsd.org

A vehicle is believed to have struck a person in a wheelchair in the parking lot of Sport of Kings restaurant on West Main Street. A female is lying in the roadway and has minor injuries. Mercy medics, police and city fire are responding.

A reader sent me a note this morning to draw my attention to the handiwork of a beaver on the Tonawanda Creek near the Lyons Street bridge. This afternoon, I found the beaver's felled tree, perhaps the beginning of a new dam project, and also this blue heron hunting for lunch.

Tom Hunt sent in this picture of the Batavia HS Class of 1963, which held a 50th Anniversary Reunion dinner at Bohn's this past weekend.

A working barn fire is reported 9418 Roanoke Road, Stafford. There is heavy black smoke visible. Stafford Fire Department is responding, along with mutual aid from Bethany, Le Roy, Pavilion and Town of Batavia. The latter is to stand by in Stafford's hall.

UPDATE 7:28 p.m.: A secondary explosion is reported and there is livestock involved.

UPDATE 7:31 p.m.: A firefighter in the area says the barn "looks like it's fully involved."

UPDATE 7:33 p.m.: Command asks that National Grid be contacted.

UPDATE 7:42 p.m.: Stafford commands says all responding tankers can go back in service. The equipment on scene with suffice.

UPDATE 7:44 p.m.: South Byron is asked to stand by in Stafford's fire hall instead of Town of Batavia.

UPDATE 7:46 p.m.: An engine out of Caledonia is asked to stand by in Le Roy's fire hall.

UPDATE 8:03 p.m.: Bethany is back in service.

UPDATE 8:23 p.m.: Howard interviewed property owner Terry Smart at the scene and the man said he lost four pigs, 16 chickens and two dogs in the blaze. He said he had just completed work on his new pig pen today and doesn't know how the fire started. Three years ago, in the same location, his house burned down.

UPDATE 9:13 p.m. (by Howard): Photo at the top by Doug Yeomans. Doug also sent over video that I'll post as soon as it's uploaded to YouTube. We also have our own photos coming.

UPDATE: Video by Doug Yeomans. Copyright by Doug Yoemans. Used with permission.

UPDATE 9:24 p.m.: Le Roy fire back in service.

UPDATE 10:34 p.m.: Stafford units back in service.

A black male reportedly was outside the Holland Land Office Museum on Main Street "striking everything" and he is now in the adjacent Batavia Peace Garden where a female is on her knees; unknown if she was struck. City police are responding.

UPDATE 5:37 p.m.: An officer at the scene told Howard that the situation is "purely medical" and that the passerby was mistaken in what she thinks she saw.

UPDATE 5:39 p.m.: Mercy medics are transporting a patient to UMMC. Police are back in service.

There's more demand than space for student housing, so officials are planning two more housing units at College Village.

The expansion will provide housing for 42 more Genesee Community College students than the 389 accommodated now in the nine existing buildings.

College Village is owned and run by Genesee Community College Foundation Housing Services Inc.,

Director John Sisson shared the development plans with the Town of Batavia Planning Board last night. He said if site plan approval is granted Oct. 1, construction will begin almost immediately with plans to have the new units ready for students at the start of the 2014 school year.

Of course, any discussion of College Village quickly turns to the issue of fire department calls to student housing.

Sisson said the college is working very hard with students to reduce the number of fire calls.  Last fall, there were 24 fire alarms at College Village. So far this year their have been 10.

Town of Batavia fire, an all-volunteer department, responds to each and every call of burnt popcorn, burnt grilled cheese and smoking pots of overcooked soup.

"When they get a call they want to come out," Sisson said. "They support coming to calls 100 percent because it's a high volume of people that needs extra attention paid to them."

College Village now offers cooking classes for students at the start of the year along with fire safety training.

First Assistant Chief Nate Fix conducts a fire safety class that is mandatory for all village residents.

"Nate Fix does a great job," Sisson said. "The students are there. They're attentive and they listen. I think you'll see a reduction in fire calls."

If there is a fire call, once construction is completed, firefighters will find it easier to get their new 80,000-pound ladder truck into the quad, giving the ladder truck access to all the buildings. The sidewalk into the quad is being widened to 24 feet, with concrete poured deeper to support the weight of the truck.

GCC is unique among the state's two-year schools because it attracts about a quarter of its students from outside its market area, said Rick Ensman, director of development and external affairs for GCC.

Even with the expansion, there will remain more demand for student housing than available units, he said.

"Housing adjacent the campus makes or breaks a decision to attend specialized programs," Ensman said.

UPDATE: The total cost of the project is $2.81 million, according to Ensman. That includes all planning, building, furniture, equipment, etc., as well as debt financing. The project will be funded through a private loan to the foundation and repaid through fees paid by students.

It looks like a go for a new Tim Horton's on the west side of Batavia. The Town Planning Board was given a chance to see the final plans for the coffee shop and adjacent retail building last night and it doesn't appear there will be any opposition.

The final site plan is expected to be approved at the board's next meeting Oct. 1.

The location is between West Main Street Road and Lewiston Road behind Rite Aid. There will be driveways on Lewiston Road and Colonial Boulevard.

One Colonial Boulevard resident was at Tuesday's meeting, Amy DiSalvo. Tim Horton's architect Matt Oats showed how the plans included a privacy fence along DiSalvo's property and she said she was satisfied with the plan.

The Tim Horton's will seat 48 people, including 16 in an outdoors patio area. it will also have a drive-thru.

On the West Main Street side of the road will be a retail building that can accommodate from one to three tenants. There are no signed leases yet for the space. 

The entire parcel with both buildings erected will have 45 parking spaces.

Construction on the retail building can begin as soon as the site plan is removed. 

Workers can't build the Tim Horton's building until the current brick building on Lewiston is removed, with demolition requiring environmental approvals.

Bob Bender, project manager for Benderson Development, said he hopes construction can begin in November and weather permitting, construction will take 90 days.

The franchise owner for the location has not yet been announced.

The Wyoming County father who slammed his 7-year-old son to the floor while shopping at Walmart in May will spend nearly six months in jail.

Christopher P. Cummings. 28, could have avoided straight jail time if he hadn't violated the terms of his plea bargain, which included no additional arrests.

Cummings entered a guilty plea in June to one count of endangering the welfare of child and would have received a sentence known as "shock probation" (intermittent jail followed by five years probation). But he was subsequently arrested for allegedly driving under the influence of drugs and alcohol in Genesee County and on a DWI charge in Wyoming County.

"Whenever you've appeared in court you've been polite and cooperative," said Town of Batavia Judge Thomas Williams. "Outside of court is where the problem is, and it seems you have not really accepted accountability for your conduct. You haven't dealt with the issues that brought you here in the first place."

Cummings said nothing during sentencing nor did Williams ask him for a statement.

He was immediately taken into custody by a deputy in the courtroom along with two other current jail inmates.

Williams also barred Cummings from any contact with his son for three years, though that order could be modified to allow visitation by Family Court.

Cummings was located by State Police within two hours of the incident after a photo of Cummings was posted on The Batavian and dozens of readers contacted local law enforcement agencies with tips.

Police, and readers, were concerned that the boy may have been injured. The boy was not injured in the incident.

Also in Batavia Town Court today:

• Two of the four men suspected of participating in a $10,000 heist of smartphones from the AT&T store on Veterans Memorial Drive appeared in court. The cases of James P. Garcia and Anthony F. Bovenzi-Ortiz were continued until Oct. 15 pending possible grand jury indictment or a plea offer.
• John J. Saddler, 26, charged with attempted rape, appeared in court and his attorney Mehmet Okay said he was seeking a pre-trial hearing for his client. ADA Will Zickl said he would oppose such a hearing at this time because there is a parole detainer on Saddler. Justice Williams acknowledged that under state bail guidelines he should not have set bail for Saddler (at $10,000) at his initial court appearance, though bail was continued at that amount pending any possible petition by Saddler to Judge Robert C. Noonan in County Court for a bail review.

On Friday, we reported on an inmate at the Buffalo Federal Detention Facility who was taken to UMMC after missing 55 straight meals while on a hunger strike. We sought further information from Immigration Customs Enforcment and today received this statement from Vincent Picard, a public information officer with ICE:

A Liberian immigration detainee at the Buffalo Federal Detention Facility was placed on Hunger Strike protocol by the ICE Health Service Corps Aug. 28 after missing nine consecutive meals. He was hospitalized Sept. 13 in order to ensure he receives appropriate medical care and supervision. The detainee, who was convicted of felony burglary in Virginia in 2011, has stopped eating in protest of his pending removal from the United States.

Over the last four years, ICE has focused on sensible, effective immigration enforcement that prioritizes the removal of criminal aliens and egregious immigration law violators.

The inmate remains hospitalized at this time.

Gregory S. Snyder, 45, of West Main Street, Batavia, is charged with disorderly conduct and unlawful possession of marijuana. The Wyoming County Sheriff's Office received two separate complaints of a man walking in the middle of the roadway on Route 98, Town of Attica. About 90 minutes later, there was a complaint of a man walking in the middle of the roadway on Route 98 in the Town of Bennington. Synder was reportedly located by deputies walking on Route 98. Snyder was charged with disorderly conduct and obstructing the flow of traffic. Upon his arrest he was allegedly found in possession of marijuana. Snyder was reportedly transported to the Village of Attica and released to a sober third party.

Charles Howard Sims, 43, of McIntyre Road, Caledonia, is charged with criminal obstruction of breathing and two counts of criminal mischief. Sims allegedly choked a woman during a domestic incident. He also allegedly ripped her shirt and also damaged a door. Sims was jailed on $250 bail.

Jacob Duane Defisher, 17, Roanoke Road, Pavilion, is charged with harassment, 2nd. Defisher allegedly pushed another person and then punched that person causing the person's lip to bleed and swell.

Louis Michael Biro, 52, of East Shelby Road, Oakfield, is charged with DWI, refusal to take breath test, failure to stop for stop sign, speeding (unreasonable speed, special hazards), unapproved/no face shield on motorcycle. Biro was allegedly driving at the time when a one-vehicle accident occurred involving a motorcycle at 10:12 p.m. Sept. 9 on Bloomingdale Road, Alabama. The accident was investigated by Deputy James Diehl.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Tuesday Sept. 17 from approximately 9 a.m. to 3 p.m. in the general area north of East Main Street and east of Bank Street. Homes and businesses nearby will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

James Alvin Daigler, 58, of Stanley Road, Grand Island, is charged with resisting arrest, trespass and disorderly conduct. Daigler is accused of causing a disturbance at the Clarion Hotel, 8250 Park Road, Batavia, at 1:20 a.m., Sunday. He allegedly refused to leave after being ordered to leave and used obscene and offensive language while in public. Daigler was jailed on $500 bail.

Ted E. Kingsley, 40, of 117 State St., upper, Batavia, was arrested on a bench warrant. Kingsley allegedly failed to appear on a petit larceny charge related to a theft of beer from Tops. Kingsley was jailed on $1,000 bail.

James A. Chase, 33, no permanent address, is charged with criminal contempt, 2nd, and harassment, 2nd. Chase is accused of violating a no-offensive-conduct order of protection by shoving and spitting on the protected person. Chase was jailed on $2,500 bail.

Reinaldo Roman, 41, of 130 W. Main St., Batavia, is charged with harassment, 2nd. Roman is accused of repeatedly threatening to kill another person while in the presence of police. Roman was jailed on $100,000 bail or $200,000 bond.

Shane Zimblis, 42, of 24 Hutchins St., upper, Batavia, is charged with trespass. Zimblis is accused of trespassing on a property on Hutchins Street.

Jamie M. Hamill, 36, of 209 W. Park St., Albion, is charged with criminal trespass. Hamill was allegedly ordered to leave a residence several times and refused to leave.

David N. Taplin, 36, of 54 Newport Drive, Brockport, was arrested on a bench warrant. Taplin allegedly failed to show up at the jail for an imposed weekend sentence. Taplin was jailed on $1,000 bail.

Terry T. Saddler Jr., 37, of 112 State St., lower, Batavia, is charged with unlawful possession of marijuana. Saddler was picked up on a warrant out of Brockport by Batavia PD and allegedly found in possession of marijuana.

Brandy Lee Stalica, 38, of Route 63, Pavilion, is charged with harassment, 2nd. Stalica allegedly subjected another woman to physical contact during a custody exchange. The alleged incident was reported at 8:31 p.m., Friday, at a location on East Bethany -- Le Roy Road.

Jennifer Joan Wolcott, 43, of East Bethany -- Le Roy Road, Stafford, is charged with harassment, 2nd. Wolcott allegedly had physical contact with another person during an argument. The alleged incident was reported at 8:31 p.m., Friday, at a location on East Bethany -- Le Roy Road.

Eric Jon Merritt, 24, of Rose Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, reckless driving, failure to stop at stop sign, failure to signal, failure to yield to emergency vehicle and failure to keep right. Merritt was stopped at 4:06 p.m. Saturday on Main Street Road, Batavia, by Deputy Joseph Corona.

Deborah Ann Scholonski, 43, of Keeney Road, Le Roy, is charged with harassment, 2nd. Scholonski allegedly sent a text message to a neighbor she had been told not to contact.

Marilyn Lois Weinert, 61, of Route 237, South Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to dim headlights and failure to keep right. Weinert was stopped at 2:06 a.m. Saturday on Byron Holley Road, South Byron, by Deputy Joseph Corona.

Thomas Patrick Lester, 45, of Lake Road, Brockport, is charged with felony DWI, felony driving with a BAC of .18 or greater, driving left of pavement markings and failure to keep right. Lester was stopped at 4:12 p.m. Thursday by Sgt. Ron Meides.

Timothy M. Fingland, 24, of Rochester, is charged with aggravated unlicensed operation. Fingland was stopped on Route 63, Batavia, at 8;59 p.m. Friday by State Police.

Tammy L. Long, 40, of Cheektowaga, and Paul J. Dipalma, 49, of Cheektowaga, are both charged with grand larceny, 3rd. Long and Dipalma were arrested by State Police in connnection with an alleged crime reported in the Town of Batavia on Jan. 17. Both were jailed on $5,000 bail each. No further details released.

There are few easy decisions when it comes to getting a new kitchen for your home and Mike Adams said understanding how taxing the process can be is why Kreative Design Kitchen & Bath is now its its 20th year of business.

"I think there are several reasons we've made it 20 years," Adams said. "First we are very patient. Kitchen planning takes time and you have to allow your customers to make decisions at their pace. Second, we have great employees that treat our business as their own. Third, we have very good product lines which we have been working with for almost the entire 20 years."

Mike and Debbie Adams opened Kreative Design in Batavia in 1993 and have been running the business together every day since.

It's a rewarding line of work, Mike Adams said. A new kitchen is a big decision for a customer, but it's also often a dream come true.

"I really think seeing customers 100-percent satisfied is very rewarding," Adams said. "A kitchen remodel is quite involved and can be very stressful on the customer, so seeing that satisfaction at the completion is very rewarding."

Last year, Mike and Debbie moved their business to a larger location in a building they now own at 5582 E. Main Road, Batavia. The larger showroom allows them to better display their products from Omega and Diamond.

The move has worked out very well for Kreative Design, Adams said.

Press release:

Nate Cornell of Batavia High School won the "Dash For Cash" race at Batavia Downs Saturday night (Sept. 14) and the $3,000 first-place scholarship check.

Sponsored by the Harness Horse Breeders of New York, the Western New York Harness Horsemen Association, Buffalo Raceway and Batavia Downs, five high school seniors are paired up with professional drivers and battle for $7,500 in scholarship money. It was the fourth year of a competition. The high school seniors have been working with the horsemen since Aug. 1 in preparation for race day, learning all aspects of racing and the care of the horses.

Cornell and driver Ron Beback went wire-to-wire with "Nate Lobell" to take the victory while Kelsey Bezon, of Elba, and driver Ray Fisher Jr. finished second aboard "Lady Lancer" and won $2,000.

Brian Borkholder, of Oakfield-Alabama, and driver Jim Graham finished in third and earned $1,200. Notre Dame student Dylan Cory, of Batavia, and driver Mike Baumeister finished in fourth -- good for $800, while Dylan Scharlau, of Alexander, and driver Shawn McDonough finished in fifth and received $500 for college.

A Medina woman died and three Batavia residents were hospitalized following a two-car accident at Oak Orchard River Road and Waterport Road, Town of Carlton, yesterday evening.

Sun glare appears to be a leading contributing factor to the accident, according to the Orleans County Sheriff's Office.

Ashley D. Morehouse, 28, of Medina, was driving a 2000 Pontiac sedan west on Oak Orchard River Road when she failed to stop for a stop sign, according to the Sheriff's Office. Her car was struck by a northbound 2003 Pontiac SUV driven by Lorrie D. Kuhns, 52, of Batavia.

Morehouse was pronounced dead at the scene by Orleans County Coroner Scott M. Schmidt.

Her passenger, Gary L. Weese, 40, of Batavia, was flown by Mercy Flight to Strong Memorial Hospital.

Dominic Amrhein, Morehouse's 4-year-old son, was transported by Central Orleans Volunteer Ambulance to Strong. Dominic was strapped into an approved child safety seat in the rear passenger seat, the Sheriff's Office said.

Thomas S. Kuhns, 61, of Batavia, and Lorrie Kuhns were taken by a Medina FD ambulance to ECMC.

The accident remains under investigation and is being conducted by Deputy M.J. Emens, Deputy J.J. Cole, Deputy K.J. Colonna, Lt. R.E. Perry, Investigator C.L. Black and Chief Deputy T.L. Drennan.

Carlton and Albion fire departments responded to the accident.

In these parts it doesn't get much better than beer and wings, which makes T.F. Brown's right now the place to be.

T.F. Brown's, Main St. Pizza Company, Big Pauly's and Batavia's Original have teamed up to create the first ever Yuengs and Wings fest to raise money for Genesee Cancer Assistance.

The event goes until 8 p.m.

Pictured are Brenda Marchese, Rick Mancuso, Kathy Ferrare, Vic Marchese, Tom Scott, Paul Bernardini, Jamie Ingersol, Mike Bernardini and Racheal Cook.

Friday evening John Kennedy School hosted its annual Community Night. Nearly two dozen local businesses participated along with the police and fire departments and Mercy EMS. It was a chance for parents and children to enjoy some free pizza, play games and learn more about what the Batavia community has to offer.

NOTE: I'm a bit slow in getting these posted because the SD card in my camera turned out to be damaged, so it was a bit of a task getting the pictures off.