batavia

A driver heading west on Route 5 near Mill Road shortly after midnight claims she didn't see the turn signal of the car ahead of her and was unable to stop before slamming into the 2003 Chevy sedan.

The SUV overturned and six people inside were transported to UMMC for treatment of various injuries.

The driver, Amanda A. Mull, 26, of Knapp Road, Akron, was cited for allegedly following too close and unlicensed operation.

The driver and passengers in the SUV were Erika R. Kreidler, 18, Cashay O. Merritt, 19, Ynesha C. Nixon, 18, Shanta A. Bedo, 18, Precious M. Jones, 18, Nana S. Gyesi, 22.

Kreidler's vehicle is registered in Mt. Washington, Ky.

Mull was also injured and transported to UMMC.

The accident was investigated by Deputy Patrick Reeves.

Darik Robert Michael Orbaker, 18, of Forest Edge Drive, Batavia, is charged with criminal contempt, 2nd. Orbaker was taken into custody on East Main Street, Batavia, by State Troopers and Sheriff's Deputies on Thursday afternoon. Orbaker is accused of violating an order of protection. He allegedly hit a female covered by an order of protection.

Brian Michael Fairbanks, 33, of Church Street, Le Roy, is charged with unlawful imprisonment, 2nd, and menacing, 3rd. Fairbanks allegedly committed the crimes during a dispute with a friend in his apartment.

Nicholas M. Lyons, 30, of 17 Central Ave., Batavia, is charged with menacing, 2nd, and harassment, 2nd. Lyons is accused of punching, kicking and using a knife to threaten another person during an alleged incident at 10 p.m., Thursday.

The eagle atop the Upton Monument at Main and Ellicott in yesterday's late afternoon sun.

As a matter of "consistency," the Genesee Economic Development Center Board on Thursday approved tax abatements for a proposed Holiday Inn Express near the Thruway in Batavia.

The project will get a 60-percent PILOT (Payment in Lieu of Taxes), and relief from mortgage taxes and sales taxes on construction materials.

Several local hotel owners showed up for the meeting at the Upstate MedTech Center, but none where given a chance to speak. They previously expressed their concerns at a public hearing attended by GCEDC staff, but no board members. Last month, staff members presented a detailed report to the board on the owners' objections.

Mark Masse, senior VP of operations, said in a brief statement to the board today that he researched some of the claims made by hotel owners -- about the impact more hotel rooms would have on occupancy rates -- and concluded, "an analysis of the data could be interpreted in many different ways."

Past hotel projects that received GCEDC assistance included construction of the Best Western in 2002 and the Hampton Inn in 2002. In 2008 and 2010, local acquisitions of hotels received tax abatements (but no PILOT) and the Travel Lodge and Clarion have recently received PILOTs.

Masse concluded, "It's my recommendation as a policy decision to either be consistent with previous 60-percent PILOTS, mortgage tax and sales tax abatements, or is it the decision of the board not to help these types of projects going forward."

Board Chairman Hollis Upson spoke in favor of being consistent.

"There is some argument for the fact that additional rooms could be brought into the market without severe impact to existing hotels," Upson said. "It's certainly not the EDC's intention to harm any existing business, but we also want to be consistent."

After the meeting, the attorney for the existing hotel owners argued that there is no precedent for these tax abatements. He said the prior abatements for more rooms were granted years ago before the market was saturated.

"All of the data is that the 12-month occupancy rate never gets above 50 percent," said Thomas J. Warth, of Hiscock & Barclay. "Most of the properties are in the 40-percent area, and that's distressed property range."

A possible fire is reported in an upstairs apartment located at 335 Bank St. It's in the Northside Meadows Apartments, building A.

City Fire Department is responding.

UPDATE 12:09 p.m.: It's burnt food, according to the firefighter on scene.

UPDATE 12:11 p.m.: All units are clearing the scene, back in service.

A 16-year-old who was last seen at Tim Horton's restaurant in Batavia at 5 p.m., April 7, has John Dehm, youth officer for the Sheiriff's Office, concerned.

The teen has runaway in the past, but she's never dropped out of contact before, Dehm said.

"I'm a little worried about here," Dehm said. "I would like somebody to call and say we know where she is."

Even if she just pops up on Facebook, Dehm would like to know.

Sara Howard is described at 5'2", 120 lbs and was last seen wearing black jeans, black books, a dark gray sweater and a black Aeropostale jacket. She has dark brown hair usually worn in a ponytail.

Dehm said he's tried calling her and texting her but hasn't gotten any response.

Anybody with information about Sara is asked to call the Sheriff's Office at 343-5000.

Jennifer Jean Fracek, 20, of Batavia-Stafford Townline Road, is charged with unlawful possession of marijuana. Fracek was charged after College Village security contacted the Sheriff's Office with a claim that Fracek was found in possession of marijuana during a security investigation.

Press release:

Having recently learned of Hollis Upson’s decision not to seek another legislative term this fall, I have decided to pursue the Republican nomination to be the next representative for the 8th District on the Genesee County Legislature.

The 8th District represents Wards 2 and 3 in the City of Batavia. I have been a resident of the second ward for most of my adult life. Before my election to Council at Large, I served as the second ward representative on the City Council. As the current City Council President, I have committed myself to addressing the needs and challenges within the City of Batavia. If given the opportunity, I will work diligently to address those needs at the county level.

In 2007 the Bank of America branch on Main Street, Batavia, was robbed by a man who may have displayed a gun, and today, a federal grand jury indicted a suspect in that case.

Michael C. Makolinski, 30, is facing four federal counts of armed bank robbery, four counts of illegally entering a bank with the intent to commit a larceny while armed and four counts of armed bank larceny.

Each charged carries a penalty of 25 years in prison and a $250,000.

Besides the Nov. 7, 2007 robbery in Batavia, Makolinski is accused of robbing the Fairport Savings Bank, on Hudson Avenue, Irondequoit, on Nov 16, 2007, the First Niagara Bank, on Center Street, Lewiston, on Nov. 27, 2007, and the Evans National Bank, on Delaware Avenue, Buffalo, on Dec. 5, 2007

In each case, Makolinski is accused of brandishing what appeared to appeared to be a firearm.

Assistant U.S. Attorney Richard Maigret, who is handling the case, stated that the Indictment is the result of an extensive investigation conducted by Special Agents of the Federal Bureau of Investigation and New York State Police Investigators over the last three and a half years. 

The Batavia Police Department assisted in the investigation.

Donnie Hendrickson is indicted on charges of grand larceny, 4th, 23 counts of timber trespass, grand larceny, 3rd, and scheme to defraud, 1st. Hendrickson is accused of cutting and stealing timber from property in Le Roy between Jan. 9 and Feb. 14, 2010 with an estimated value in excess of $1,600. The timber trespass charges each stem from alleged removal of specific trees, including sugar maple, red oak trees and hickory trees. He is also accused of removing trees from property in Stafford, specifically swamp white oak and soft maple trees. He is also accused of cutting and removing timber from a property in Stafford with a value in excess of $18,000. He is also accused of fraudulently trying to acquire the trees.

David Isabell is indicted on charged of two counts of grand larceny, 4th, three counts of grand larceny, 3rd, issuing a bad check, 22 counts of timber trespass, petit larceny, theft of services and scheme to defraud, 1st. Isabell is accused of stealing timber from a property in Le Roy with a value in excess of $1,000. He's also accused of stealing $6,250 from a person in Bergen. He's also accused of stealing timber from a property in Le Roy with a value in excess of $3,000. He's accused of writing a bad check to a person in Le Roy with a value of $5,600. He's a accused of removing timber from a property in Stafford with a value in excess of $450. He's accused of removing timber from a property in Le Roy with a value in excess of $1,000 The alleged timber removed from these properties includes sugar maple, red oak, hickory and swamp white oak. The theft of services charge comes from an allegation that Isabell failed to pay for hotel rooms in Batavia. 

Randall W. McKeown is indicted on a felony charge of DWI, felony driving with a BAC of .08 or greater and aggravated unlicensed operation. McKeown is accused of driving drunk on Nov. 7 while in the Town of Batavia.

Nichole L. Rushing, 24, of 113 Jackson St., Apt. #2, Batavia, is charged with criminal contempt, 2nd. Rushing is accused of allowing a person who was barred from being in the presence children into her residence with out prior court approval.

Francisco Martinez Jr., 37, of 113 Jackons St. Apt. #2, Batavia is charged with criminal contempt, 2nd. Martinez reportedly walked to Batavia Police headquarters to report an alleged violation of a family court order of protection involving a female acquaintance. While reporting this incident, Martinez reportedly admitted that he was living at the same address and was violating an order of protection by being there. Martinez was reportedly ordered by city court to stay away from the residence and two young children who reside there.

Lemual Morris Clawson, 28, of Eelpot Road, Naples, is charged with petit larceny. Clawson is accused of stealing video game disks from Kmart.

A 16-year-old Batavia High School student is facing seven counts of aggravated harassment for allegedly placing calls to various local women that were either of a sexual nature, or were, in the words of Det. Todd Crossett, "disturbing and alarming."

In all, during the months-long investigation, Crossett said at least 45 women came forward with complaints about unwanted calls from the youth.

The name of the suspect has not been released by police because he's eligible for youthful offender status.

While many of the calls were made to women associated with BHS, Crossett said the alleged victims were spread throughout the community.

"I'm not 100 percent certain why he chose who he chose," Crossett said.

The first complaint came in last July, Crossett said, and at that time, he suggested to the alleged victim that she block her private numbers, but then in the coming months, more and more women came forward, especially as women started talking with each other about getting the calls.

In was in December that Crossett said he decided, "OK, we've got something here," and he started to compile evidence for a criminal case.

The seven charges are related to alleged calls going back to October.

Most of the women chose not to press charged, Crossett said, because they know the boy's family and felt the family could handle the issue.  

However, the seven women who are pressing charges wanted to ensure that an order of protection is put in place, which can only happen if criminal charges are filed.

"Also, the general consensus was that they want him to get help," Crossett said. "That really was the consensus of the women."

The youth was arraigned in Town of Batavia Court and released under the supervision of Genesee Justice.

To mark the 150th anniversary of the start of the Civil War, there was a bell ringing at the Holland Land Office Museum this morning, at precisely 10.

The bell ringers were, from left, Elijah Monroe, Jeff Donahue, Shannon Guiste, Terry Lee and Ann Marie Starowitz.

Early evening yesterday, the light was wonderful, the clouds fabulous and I had to go to a meeting at GCEDC. I would rather, honestly, preferred to have headed out into the county and hunted for pictures. On the other hand, I've always loved the view heading into the parking lot of the Upstate MedTech Center, especially with the gnarled old trees along the driveway. As I pulled in, I couldn't resist -- I stopped and snapped a few pictures to see what I could capture.

There are four to five more companies that are in either early stage or mid-stage study of the Gensee Valley Agri-Business Park, and Columbia-based Alpina Products decision to set up shop in Batavia is going to help the cause, said Steve Hyde, CEO of the Genesee County Economic Development Center.

"Any time you get your frist tenant in one of these shovel ready sites, it really helps create momentum, much like the rising tide lifts all sail boats," said Hyde. "So, this is something we're most excited about."

The financial details are not available for public release yet because Alpina is still completing paperwork and then the application for tax abatements and grants most be approved the by GCEDC board.  The package is expected to be presented at the board's May meeting.

The deal is contingent on approval of a set of incentives as well as some 900-feet of new roadway being completed to the 10-acre lot Alpina intends to buy.

The purchase price is $50,000 per acre, Hyde said.

"That's the sweet spot," said Hyde. "You spend that much between buying the land and putting in the infrastructure. It really is a cost recovery model."

In a meeting with the Ways and Means Committee on Wednesday, Hyde mentioned that a mid-level Department of Transportation staff member was holding up a grant for a rail line into the agri-business park, and Hyde said he is hopeful this announcement will help unfreeze those funds.

Some of the businesses might want to locate in the park need rail and won't consider the park "shovel ready" without a rail line in place.

Even though Alpina won't need rail in its early years in the park, Hyde is hopeful Aplina's signing will shift the conversation about the grant.

"Hopefully, it will enable a different conversation," Hyde said. "I'm hopeful it will show this site is real."

Hyde said the GCEDC had four meetings with either staff of Alpina or the company's site selection consultant and the final meeting occurred with the company's entire board of directors, who all flew from Columbia to Batavia to visit the area and hear why this was the right site for them.

The full court press included a meeting attended not just by GCEDC staff, but staff from Buffalo-Niagara Enterprise, Greater Rochester Enterprise, Cornell, RIT and Town of Batavia. Lt. Gov. Bob Duffy was on a speaker phone for key parts of the presentation and really tried to sell the executives on what a great area Western New York is, Hyde said.

GCEDC officials then gave the executives a tour of the county, showing off its amenities and areas of growth and revitalization, and then showed off some of the amenities of the region.  The tour concluded with a dinner at the Wine and Culinary Institute in Canandaigua.

Chefs there made a cheese cake in front of the dignitaries using an Alpina product for the topping.

But in the end, Hyde said, it's all really about the jobs.

"We're delighted that this came through because more than anything, it's going to create 50 jobs for 50 families," Hyde said. "And you know what, in this time, in this economy, every job our business community creates helps."

After 10 years on the Genesee County Legislature, Hollis Upson has announced that he will not seek re-election for a sixth term.

Upson said his decision to finish out this term and call it quits is just a matter of time. His business needs his attention and the legislature takes up a lot of time.

"We're very well represented and the current group works well together," Upson said. "We're well positioned for a good future."

Chad Bachorski, the GOP's Second Ward chairman, said local Republicans are soliciting possible candidates to replace Upson on the ballot in the November election. (Information on applying is at the bottom of this post.)

Part of Upson's tasks with the legislature include: representing the county on the Genesee County Economic Development Center Board; being a liaison to the county's planning board; and serving on the board for Holland Land Office Museum; as well as chairing the Ways and Means Committee and serving on the Public Service Committee.

When asked about what he is proudest during his time with the legislature, Upson said it would probably be the growth of the GCEDC from a sleepy little, reactive IDA to one that is more aggressive.

A more aggressive IDA has meant more public scrutiny, Upson admitted, but news such as the announcement that Alpina Products plans to open operations in Batavia's new Agri-Business Park is a good sign the GCEDC is on the right track.

"Alpina is exactly the result of the forethought we had four years ago when we decided to build an ag park," Upson said. "It's the ballpark that we thought, 'if we build it, they will come,' and they did. Steve Hyde was right."

To apply to run for the District 8 seat, e-mails or faxes must be received by April 16, in order to be contacted for an interview. Please e-mail or fax your resume, letter of intent and include at least three character references to the following:

Attn. Brooks Hawley
e-mail: hawley@geneseo.edu
Fax # 585-245-5347

A recent effort by Batavia Police to target drivers talking on mobile phones or not wearing seat belts while driving netted 43 citations, according to Sgt. John Peck, who headed up the detail.

The detail was part of a statewide "Buckle Up New York" campaign and funded by a grant issued by the Governor's Traffic Safety Committee.

Officers conducted the detail over March 30 and 31.

The campaign will continue into June with extra details in place May 23 to June 5.

Jessica R. Johns, 32, of 122 Jackson St., Batavia, is charged with resisting arrest, DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and uninspected motor vehicle. Johns was arrested by officers Frank Klimjack and Eric Hill, who responded to Elm Street following a report of a disturbance at 7 a.m., Sunday.  Officers reportedly deployed a Taser to help subdue Johns.

Jessie Marie Cramer, 25, of South Lyons Street, Batavia, is charged with petit larceny. Cramer is accused of shoplifting $153.53 in merchandise from Kmart.

Sath Paul Dhanda, 31, of Lake Street, Batavia, is charged with aggravated criminal contempt. Dhanda allegedly went to his mother's home in Bethany in violation of a court order. Dhanda was jailed on $10,000 bail.

Andrew Ziemba Perdock, 24, of Dowd Road, Filmore, is charged with petit larceny. Perdock is accused fo stealing a quantity of prescription medication from another person in Bethany.

Bryan E. Benson, 22, of 7 Chestnut St., Batavia, is charged with unnecessary noise. Benson was charged following a complaint of loud music coming from his residence at 1:27 a.m., Saturday.

Passiona C. McConnell, 33, of 23 Harvester Ave., Batavia, is charged with dog running at large. McConnell was cited Friday for allegedly allowing her dog to run at large. Officer Matt Flemming reports that she had previously been warned against such action.

Lesha Vetter, 18, of 3243 Royce Road, Varysburg, is charged with harassment, 2nd. Vetter is accused of sending unwanted text messages to a person in Batavia.

City Fire responded to a report of a power line arcing near the stoplight at 700 Ellicott St.

A power line is reported down at that location.

National Grid has been notified and is en route.

UPDATE: City fire went back in service about 8:15 a.m. after National Grid arrived on scene.

More than 1,200 spaghetti dinners were served today at St. Joe's in support of Brooklyn Sputore, who has had five surgeries to correct a rare medical condition, Vein of Galen Brain Malformation, and who faces more surgeries.

Her grandfather, Paul Sputore, said he's handling the medical bills for the family and so far they total more than $100,000. He said the family and more than 150 volunteers were hoping to raise from $15,000 to $20,000 today.

The community support for Brooklyn has been outstanding, Sputore said, including many anonymous donations delivered to his house.

"It's more than I ever could have imagined from the community," Sputore said. "Everybody has just been fantastic."

Local businesses and individuals donated more than 250 gift baskets for a Chinese auction at today's lunch/dinner.

Above, Brooklynn, 7, and Portia, 7, talk with Brooklyn's mom, Julie, while delivering a donation of $439.25 raised by local Girl Scouts yesterday.

More pictures after the jump: