Photos: Truck fire on Ellicott Street, Batavia
City fire responded this evening to a semi-truck fire at 317 Ellicott St., Batavia.
The fire was quickly extinguished.
Photos by Frank Capuano.
City fire responded this evening to a semi-truck fire at 317 Ellicott St., Batavia.
The fire was quickly extinguished.
Photos by Frank Capuano.
Batavia High Schoold kicked off its monthly "Lunch with a Pro" series today, with the first career-minded guests coming from the Batavia PD.
Lunch with a Pro, organized by Anita Strollo, is a chance for high school students to learn firsthand from people in the community about different career opportunities.
Today, students who took time out during their lunch period, enjoyed pizza while touring the department's emergency response vehicle and talking with officers about what it takes to become a police officer and what it's like once you make it.
The attorney for a defendant accused of assault in the first degree stemming from a stabbing on East Main Street, Batavia, in July, has requested three hearings to challenge some of the evidence against his client prior to any jury trial.
JW Hardy III, 30, of 216 Liberty St., Batavia, is charged with assault in the first degree and gang assault, 1st.
Attorney Marty Anderson is seeking a Huntley hearing, a Wade hearing, and a Mapp hearing.
A Huntley hearing is pretty common in criminal cases that might go to trial. It's a chance for the defense to determine if statements made by defendants while in custody are admissible at trial.
Wade and Mapp hearings are far less common.
A Wade hearing is used to determine if a suspect identification by a witness, such as through a photo line up, as used in this case, was handled according to correct procedure.
At a Mapp hearing, the defense challenges evidence gathered during the investigation to ensure the defendant's Fourth Amendment rights were not violated, that investigators had sufficient probable cause to proceed.
District Attorney Lawrence Friedman asked that the Wade hearing be delayed until a day before the trial date in order to protect the witness from threats or intimidation.
The suspect, Hardy, nor his co-defendant, Anthony Spencer Jr., 26, of Columbia Avenue, Batavia, know the identity of the witness at this stage of proceedings.
Hardy and Spencer are both accused of assault, 1st, and gang assault for allegedly working in tandem to beat and stab a victim July 18 at a location on East Main Street.
Officer Arick Perkins is credited with saving the victim's life.
Judge Charles Zambito reserved judgment on when to hold the Wade hearing. The other hearings are scheduled for 2:30 p.m., Nov. 22.
Hardy is out of jail pending further court proceedings.
Frank D. Fulton, 61, of Rochester, is charged with aggravated unlicensed operation, driving without insurance, unregistered motor vehicle, uninspected vehicle, driver's view obstructed and unlicensed driver. Fulton was stopped at 11 a.m. Tuesday on Route 77, Pembroke, by Deputy Lonnie Nati. He was found to be driving despite an alleged 27 active suspensions on his license. He was jailed on $500 bail or $2,000 bond.
Carlton Lynn Beardsley, 22, of Walnut Street, Batavia, is charged with promoting prison contraband 1st, criminal possession of controlled substance, 7th, and controlled substance not in original container. Beardsley is accused of bringing a narcotic drug into a secure area of the Genesee County Jail at 7:30 p.m. Tuesday. He is being held on bail.
Brandi Marie Smith, 37, of North Bennett Heights, Batavia, is charged with criminal possession of a forged instrument, 2nd. Smith is accused of using two stolen checks at Walmart. The checks were reportedly stolen from a victim in the City of Batavia. (Previously: Woman facing 15 charges after allegedly breaking into car, stealing purse.)
A 15-year-old resident of Darien is charged with petit larceny. The youth was arrested by State Police for an alleged incident reported at 5:12 p.m. Tuesday in Pembroke. No further information released.
There are eight people who have active files with the Federal Elections Commission, making them eligible for a primary campaign in June 2018 for New York's 27th congressional district.
Rep. Chris Collins is the incumbent and is one of the eight who has filed.
Not all who have filed are running, but even among the announced candidates, an incumbent being targeted by both primary and general election challengers is unusual.
His campaign chief Chris Grant said he isn't worried.
"We live in very fluid political times, so people, especially on the Democratic side, whip themselves into a frenzy because they believe, wrongly, that the country agrees with their progressive, extremist positions and then they run into the reality of running against an incumbent congressman who is very popular in his district," Grant said. "I'm not surprised by any of it."
The seven people with FEC filings are:
Frank Smierciak II, a 26-year-old Republican, has also announced his intention to challenge Collins in the primary and got a lot of attention from the media for running at such a young age, but he has yet to file with the FEC.
The fact there are Republican challengers also isn't a concern, Grant said.
"Every cycle now, people get into the fall of an off-year election and they think there is an opportunity and then the reality of qualifying for the ballot and running a real campaign rears its ugly head before they reach February, March, and April," Grant said.
Collins is popular in his district, even with an ethics investigation hanging around, and it hasn't hurt Collins at all that he was an early and vocal supporter for Donald Trump for president and continues to be loyal to Trump.
Trump is perhaps more popular in the NY-27 than any district in New York.
"It's not Trump," Grant said. "It's because of what Trump said, Trump's message."
Collins was out in front on the issues that drew people in the 27th to Trump, Grant said, such as "destructive trade agreements, and jobs being shipped overseas, and a Washington culture of elitism that ignores the people in districts like the New York 27."
Challengers to Collins are perhaps a bit out of touch with reality in the 27th District, Grant suggested.
"I think all of these candidates watch way too much cable news, pay too much to the Acela corridor press and whip themselves into a frenzy about a race they can’t win," Grant said.
He added, "The progressive resistance movement is nonsense. It's so out of touch with what middle-class working families care about. It just shows they don't understand what people care about in the district."
As for Bellavia, the one candidate who might come into a race with some name recognition, Grant had no insight on whether he's actually running.
Last night, The Batavian emailed Bellavia, a resident of Batavia, about the FEC filing and his only response, "You noticed that?" He didn't respond to a follow-up message pressing for more clarity and confirmation.
"David's his own man and we respect him and we respect his service (Bellavia is an Iraq War vet), but we're going to fight hard for every vote in the New York 27," Grant said.
With a promise to focus on people and jobs, a Mumford resident, Nicholas Stankevich, stepped behind a lectern placed in front of the entrance of Batavia High School yesterday and announced his candidacy for the Democratic nomination for the 27th Congressional District.
Stankevich has just finished a tour of the school led by Pat Burk, chairman of the Batavia City Schools District trustees.
Burk said he was endorsing Stankevich because the candidate would support education and favor policies that continued the flow of funds from the federal Department of Education to local school districts.
"Districts require a certain level of cooperation and funding from the federal government in order to provide for many of our neediest students," Burk said. "Programs that are called upon daily to aid and assist our children are in jeopardy under current conditions and this administration."
Burk then discussed some of the programs that assist students and educators that are threatened, including Medicaid, nutrition programs and programs to promote new technology and training.
"Nick Stankevich will work with our local educational leaders to understand the needs of our students and the families that we serve," Burk said. "He will work to maintain a high level of funding that is needed to provide for our neediest children."
When asked for specifics on his education policy, Stankevich said that's a work in progress.
"There is this is a lot of work to be done," Stankevich said. "It's holding people accountable. And like I said before, as the campaign goes on we'll get into more specifics on legislation."
As he said before, he doesn't yet have specifics on his "people and jobs" platform.
"As we unfold more and as the campaign goes along we will be releasing specific policies and specifically to jobs," he said.
A lifelong resident of Western New York, Stankevich described himself as both an educator and small businessman. His first business, of five, was a swim school, which he said he ran successfully for 12 years. Currently, he is in charge of marketing for his parents' bed and breakfast in Mumford. He holds an MBA from the Pepperdine Graziadio School of Business and Management in Los Angeles. On his LinkedIn profile, he also lists himself as cofounder (with his brother Jason) and CEO of a startup technology company based in Los Angeles, Instrekt. The company describes itself on Crunchbase as,"... an Airbnb style, trusted community-driven marketplace for people to list, discover, and book activity-based lessons around the world."
His experience, he said, prepares him to focus on jobs, jobs for people.
"There are many different ways to do economic development and mine would be more of a people-first approach that helps the community," he said.
He said he decided to run because he sees so many problems around us.
"Just stepping outside your door, looking down the street," Stankevich said. "You know there's there's a lot to be done in all of our communities and I believe that we need new leadership and we need a new direction."
A two-car accident with possible minor injuries is reported at Griswold Road and West Bergen Road, Le Roy.
Vehicles are blocking.
Le Roy fire and Le Roy ambulance dispatched.
UPDATE 9:34 a.m.: Le Roy back in service.
Four decades of wrangling, including five lawsuits, between the city and mall property owners is close to finally being wrapped up after a majority of property owners tonight voted to approve a settlement agreement.
The agreement gives the city control over, and responsibility for the mall concourse.
This settlement is the biggest step, but not the final step, in resolving this long-standing dispute. The vote for the settlement was not unanimous and if any mall property owners fail to sign the agreement it would drag out the legal process. Recalcitrant owners would have to appear before a judge and explain, show cause, for their failure to sign.
Most of the mall property owners coming out of the closed-door meeting where they voted on the agreement tonight were smiling. Robert Chiarmonte, chair of the Mall Merchant Association, said he was glad the settlement was finally approved.
"The positive thing is that this year the maintenance fee, which will actually be called a user fee now, will stay level or somewhat level for about five years. We have our easement. We don't go to court. That's a good thing."
The protection of property owners easements was an important point to include in the settlement, Chiarmonte said.
"That was a big thing because some people were worried about being able to refinance their property or sell their property," he said.
Every property owner in the mall must now sign off on the agreement. They have 10 days to sign. If they don't, the mall merchants attorney and the city attorney will try to convince them to sign. If they still don't sign, they will have to explain their reason and provide evidence to support their reason, before a judge in Buffalo.
The vote total from tonight is not available. Each mall property owner who is in good standing on mall association fees had a vote weight by the square footage of his or her property. The City didn't have a vote on property it owns through foreclosure, but it did have a vote based on ownership of City Hall. Chiarmonte said the motion to approve the settlement would have passed, just based on the property size of the owners who did support the settlement, even without the city's vote.
City Manager Jason Molino said he expects a final resolution to be in place by April, at which time the city can take over maintenance and began work to replace the roof, repair the skylines and clean up the entryways.
"The optic improvements, the visuals, that will make the space more welcoming and open to investment," Molino said.
The city owns, through tax lien foreclosure, a handful of properties in the Mall. Once the appearance of the mall improves, those properties will be easier to sell and they will go up for auction.
Chiarmonte thinks that in itself will be a big step forward to help bring more traffic into the mall as new businesses open in those locations.
Molino agrees.
"My estimation is that when some of the improvements begin, and just some of the aesthetic improvements begin, which is not a lot, you're going to start seeing interest in those properties," Molino said. "You will see people are going have a different perspective on investing in those properties. That will be just a positive turn, just that alone."
James Banks says he's just an average grandfather from Western New York who wants to see if somebody who is just a regular guy can get elected to represent all of the 27th Congressional District, not just a favored portion of it, or if monied-interests will win out again.
He's running a low-key campaign to try to upset Chris Collins in the NY-27 primary.
He stopped in Batavia today to discuss his nascent campaign and political ambitions.
Banks has nothing against Collins personally, though he does believe he could represent the district better in Washington.
"I think Mr. Collins is a great businessman," Banks said. "As such, he's a risk taker. I have great respect for him. He was a great county executive in Erie County. He's a family man. I have no personal conflict with Mr. Collins all."
However ...
"He has seemed to indicate that he does not have an obligation to be responsive to his constituents in terms of holding a town hall or some kind of communication, regular communication work, where he's going to hear the good and the bad and the ugly," Banks said, "where he can just realize that it's people not trying to attack him personally but just trying to participate in government."
Banks is a lifelong Republican from Lancaster who voted for Ronald Reagan when he cast his first presidential ballot in 1980. He's worked in industrial sales for 25 years, which has enabled him to travel extensively throughout WNY so he knows the district well, he said.
This is his first attempt to win public office.
On policies, he describes himself as a fiscal conservative.
"I think the debt that we have incurred is a great danger to our country and that it ought to be addressed and, really, brought under control," Banks said. "How we do that? I don't pretend to have all the answers but I would make that a priority."
He also favors free trade.
"I'm a free market capitalist," Banks said. "I think that the approach of alienating many of our best customers around the world is a little bit shortsighted. As a salesman, I'm always looking for more customers, not fewer customers."
He doesn't oppose a border wall if officials conclude that's the best way to secure our borders, but he recognizes that immigrants built this country and there should be a place for them in 21st Century America.
"I went down to Journeys End Refugee Services in Buffalo, which has been there a long time bringing legal immigrants into the country and helping them set up a new life," Banks said. "I can't even imagine the places that these people came from.
"When you hear about the stories of Rwanda, South Sudan, and I've met people from Pakistan, from Iraq, I can't even imagine what those people have gone through to get to America.
"I think we should be more welcoming. And I think it's good economics.
"At the end of the day you get great people coming in who may look a little bit different than you or have different beliefs, but you all share the core beliefs that you love your family, you love your community. You love your state you love your country."
He's not interested in making decisions for other people on how they live their lives.
On abortion, he said, "I've actually read the opinion, Roe versus Wade and I've kind of weighed that against the 14th Amendment, which protects citizens and persons. So it's a tough question, but I'm not the guy who's going to go to a young lady in distress and try to lecture her on the most difficult choice she can ever be faced with. That is best left to her, her parents, her preacher, her doctor, her relationship with God."
On gay rights, he said, "It's really none of my business. I'm concerned with myself and my own relationship with my wife of 35 years."
He does think we should watch over our environment.
"I think it's a no-brainer that if we don't have a healthy environment to live in, then basically nothing else matters," he said. "I'm not a climate fanatic but I I try to do my part in terms of recycling. But it's a huge mistake and to deny that we have challenges -- that is foolish."
He is a fan of the beauty of Western New York and he isn't a fan of people on the national stage who run it down.
"When you look at Clarence, Orchard Park, Hamburg, the suburbs around Rochester, the Finger Lakes, this is an awesome place to live," Banks said. "When I hear a presidential candidate, as in the last election besmirching our home by saying Western New York is a disaster or Upstate New York is a disaster -- just look at Buffalo look at Rochester, look at Syracuse look at Albany, it's a disaster, I kind of take that personally.
"You know this is my home. It's your home. Do we have problems? Absolutely. Should we work together to solve them? Yes. I have no doubt, you know, but it is far from a disaster."
Banks hasn't formally announced his candidacy yet. He is looking for volunteers to help pass around petitions so he can qualify for the primary ballot. Banks said he can be contacted through the LinkedIn page he's set up for the campaign.
Press release:
The Genesee County Economic Development Center (GCEDC) will consider final applications for three projects at the agency’s board meeting at 4 p.m. Thursday, Oct. 26, in the Innovation Zone board room at 99 Medtech Drive. All GCEDC Board meetings are open to the public.
The Board will consider final approval of incentives for a $450,000 capital investment by Manning Squires and Hennig in the Town of Batavia; a $4.5 million capital investment by Darien Lake Theme Park in the Town of Darien; and, a $4.3 million capital investment by O-AT-KA Milk Products in the City of Batavia.
Manning Squires and Henning is once again seeking to expand its footprint in the Town of Batavia. Earlier this year, the company invested $2.2 million for a 9,5000-square-foot expansion. The company is planning a Phase II component to expand to approximately 14,500 square feet, including a $450,000 investment for the purchase of construction related to equipment for which it is seeking approval of $36,000 is sales tax exemptions.
Darien Lake is seeking $360,000 in sales tax exemptions as part of a capital investment of $4.5 million for a new ride set to open in 2018. The tourism project will help retain 398 jobs at one of the Buffalo Niagara and Finger Lakes region’s most popular resorts.
The GCEDC board also will consider final approval of a 20,000-square-foot expansion project by O-AT-KA as part of a $4.3 million capital investment at the company’s plant on Ellicott Street. O-AT-KA is requesting approximately $370,000 for sales tax and property tax exemptions. The project, located in the City of Batavia, will help retain 308 jobs.
A teenager from Alexander is one of five national finalists in an invention contest with a top prize of $250,000.
Fourteen-year-old Andrew Young Jr. saw an announcement for the contest on TV and drew up his idea for a toaster that shoots out toast on a plate. The judges love the idea and selected it as one of the finalists. Now the people of America will be asked to vote and select their favorite invention.
The contest is sponsored by Frito-Lay.
Voting has not yet opened.
The Batavian will have a longer story about Andrew (son of County Legislator Andrew Young), his invention, and the contest later this afternoon.
A suspect in a home invasion burglary on Central Avenue who has been on the lam for a year will remain confined to jail without bail Judge Charles Zambito ruled this morning when Adante L. Davis was arraigned on felony counts of assault, 2nd, and burglary, 1st.
Attorney Marty Anderson, appointed to represent Davis, argued that Davis, in previous criminal cases, has a record of making appearance and should, therefore, have bail set at a reasonable amount.
Assistant District Attorney Robert Zickl disagreed.
"He's been gone for a year," Zickl said. "He fled knowing he was wanted in connection with a serious home invasion burglary and is facing a Class B violent felony and his co-defendents received significant prison terms."
Zickl added that Davis three failures to appear on his record and a prior probation violation and prior parole violation.
He said he considered Davis a significant risk to flee if released.
Zambito agreed.
Three other men -- Daniel Gilbert, Marquis Saddler, and Oliver Thomas -- have all previously entered guilty pleas to charges stemming from the October 2016 incident and are currently serving state prison terms.
The next scheduled court appearance for Davis is 1:45 p.m., Dec. 21.
Statement from City Manager Jason Molino:
“The trial has been postponed today, awaiting results of the Mall Merchants vote tonight on the settlement agreement. Both parties are to report back to the court Tuesday morning with the results of the settlement vote to determine next steps with respect to the court cases.”
Adante L. Davis, 27, of South Main Street, Batavia, is charged with assault, 2nd, and burglary, 1st. Davis was arrested on a warrant for assault and robbery stemming from a home invasion at a location on Central Avenue on Oct. 28, 2016, in which he is a suspect. Davis was one of four suspects and has been at large since the incident. Three participants have pled guilty and been sentenced -- Daniel J. Gilbert, Marquis K. Saddler, and Oliver Thomas. Davis was ordered held without bail.
Darrell J. Holloway, 49, of Farnsworth AVenue, Oakfield, is charged with unlawful possession of marijuana. Holloway was stopped for an alleged traffic infraction at 8:02 p.m. Thursday on Evans Street, Batavia.
Daniel Joseph Difrancesco, 36, of Edgewood Drive, Batavia, is charged with criminal mischief, 3rd. Difrancesco was allegedly involved in a dispute at his residence. He was jailed without bail.
Alex Scott Dumbleton, 24, of Ellicott Street, Batavia, is charged with illegal disposal of items. Dumbleton allegedly threw a bag of garbage onto the property of another person without permission.
Michele L. DiFalco, 28, of South Main Street, Batavia, is charged with petit larceny. DeFalco allegedly stole property from an associate Sept. 25. He was jailed on bail.
Katty L. Jackson, 21, of Dewey Avenue, Batavia, is charged with harassment, 2nd. Jackson allegedly struck another person in an incident reported at 6:29 p.m. Thursday at a location on Maple Street, Batavia.
A 17-year-old resident of Batavia is charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, failure to yield right of way to emergency vehicle, and no lights on a bicycle. Police attempted a traffic stop on the young bicyclist at 8:36 p.m. Thursday on Ellicott Street and the youth attempted to flee from police and led police on a chase. The youth was jailed following his arrest.
Casey Arthur Trommetter, 29, of Angling Road, Pembroke, is charged with DWI, moving from lane unsafely, and unregistered motor vehicle. Trommetter was arrested following an investigation by Deputy Ryan Young into a two-vehicle accident reported at 12:09 a.m. today on Genesee Street, Pembroke. When deputies arrived on scene they found an unoccupied vehicle in the westbound lane. Trommetter was in a second vehicle in a ditch off the side of the road. She was treated and released at the scene for minor injuries and charged with DWI.
Michael Alan Shelter, 27, of Lewiston Road, Alabama, is charged with harassment, 2nd, and unlawful possession of marijuana. Shelter was arrested following an investigation into a disturbance reported at 8:45 p.m. Friday on Lewiston Road, Alabama.
Anthony James Constable, 31, of Oak Orchard Road, Elba, is charged with DWI. Constable was allegedly involved in a domestic incident at 11:08 p.m. Saturday in Elba. Following the incident, he allegedly drove to 7993 Call Parkway, Batavia, the location of Ashley Furniture, where he was located by Sgt. Thomas Sanfratello and arrested for alleged DWI. Additional charges are pending.
Mark Harley Bennett, 31, of Chamberlain Street, Albion, is charged with criminal possession of a controlled substance, 7th. Bennett was arrested after deputies responded to a report at 8:57 p.m. Saturday of two men in a vehicle in a parking lot at 8363 Lewiston Road shooting up heroin. Upon investigation, Bennett was allegedly found in possession of a controlled substance.
Adrienne F. Yocina, 36, of Alleghany Road, Pembroke, is charged with criminal possession of a weapon, 3rd, and criminal possession of a controlled substance. Yocina was charged following a home probation check. She was allegedly in possession of high capacity ammunition magazines and a controlled substance.
Benjamin Jacob Skubis, 23, of Colby Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Skubis was charged following an investigation by Deputy Mathew Clor into a motor-vehicle accident reported at 2:25 p.m. Saturday on Bloomington Road, Basom.
Nicolas James Scripp, 27, of Fullington Road, Attica, is charged with public lewdness. Scripp allegedly urinated near the entrance of a business on Park Road at 2:22 a.m. Saturday.
Pamela A. Battaglia, 59, of Limerick Road, Piffard, is charged with trespass. Battaglia is accused of refusing to leave a property on Junction Road, Pavilion, after being told to leave several times.
John Paul Henning Sr., 55, of Overlook Drive, Batavia, is charged with acting in a manner that could injure a child and assault, 3rd. Henning is accused of attempting to punish a child by striking him on the foot with a plastic object, which caused the child to bleed.
Trisha Rose Santora, 35, of Georgian Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, controlled substance not in original container, aggravated unlicensed operation, license plate violation, and inadequate plate lamps. Santora was arrested on a warrant. She was jailed on $5,000 bail, $10,000 bond.
Robert E. Magoffin, 45, of Darien Center, is charged with endangering the welfare of a child. Magoffin was arrested by State Police in connection with an alleged incident reported 5:52 p.m. Friday in Darien. No further details released.
Nichole M. Ambrosoli, 50, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Ambrosoli was stopped at 2:45 a.m. Saturday on R. Stephen Hawley Drive, Batavia, by State Police.
A car and RTS bus collided at Route 33 and Route 19.
The bus apparently had no passengers.
The drivers of both vehicles are said to be sign-offs (no injuries).
The car is blocking traffic.
Bergen Fire and ambulance dispatched.
Press release:
The City of Batavia Fire Department will be flushing fire hydrants on Monday, Oct. 23, from approximately 9 a.m. to 3 p.m. in the general area south of Main Street and east of Jackson 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.
For the first time in its history, last night the Ghost Walk at the Historic Batavia Cemetery, a fundraiser for the cemetery, was sold out.
Top photo: Tim Buckman as Philemon Tracy, the only Confederate officer killed during the Civil War who was buried north of the Mason-Dixon Line.
Patrick Weissend as Joseph Ellicott.
Tracy Ford as John H. Yates, poet, preacher, philanthropist, journalist.
Bonnie and Charley Boyd as Mary and Dean Richmond in the Richmond Mausoleum.
HomeCare & Hospice Foundation Inc. sponsored its first OctoberFest on Saturday night at Batavia Downs.
Bontrager Auction Center hosted its fifth old-fashioned barn dance and dinner last night with proceeds benefiting Genesee Cancer Assistance.
Top photo: Organizers Bob Stocking, Verna Oehler, Penny Arnold, Jackie Johnson and Julie Tybor.
A structure fire was reported at 8524 Peachy Road, Bergen, but a chief on scene reports the fire has been knocked down.
Overhaul and ventilation starting.
The initial fire call was for a dryer with smoke coming from it.
Bergen fire and Le Roy fire were dispatched.
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