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Pat O'Brien was a little surprised, but not shocked to learn yesterday that the house on Ross Street that he moved into Monday was the subject of a $841,500 fine by Batavia City Court for a long string of alleged code violations.

Before O'Brien bought the home, the city determined the responsible party for the property was HSBC Bank. The bank was allegedly issued a summons to appear in court to answer to the code violation charges, but reportedly, no representative of HSBC ever appeared.

When defendants fail to appear in court as directed, judges have the discretion to find the party guilty and after another demand to appear in court, in the defendant's absence, the judge can issue a sentence.

That's what Justice Durin Rogers did Friday against HSBC and another entity responsible for a local property that has allegedly failed to appear on the matter.

That defendant is Kaja Holdings 2, LLC, held responsible for 21 Hutchins St., Batavia. Kaja was found guilty in absentia of 1,092 violations of the city's property maintenance code.

HSBC was found guilty of 3,336 violations.

Rob Sherman, corporate communications for HSBC, did not respond to a voicemail left yesterday requesting comment.

Kaja Holdings did not respond to a request for comment. 

City Manager Jason Molino said the judgments against HSBC and Kaja are part of the city's ongoing, aggressive efforts to deal with so-called "zombie" homes -- homes that have been left abandoned and vacant for extended periods of time following a foreclosure.

"We going to push aggressively with non-responsive individuals with an interest in properties in hopes of getting people's attention and start getting them to respond," Molino said.

Molino said the city was only notified on Monday that the Ross Street property had been transferred to the new owners.

"We're pleased with the outcome," Molino said. "It's exactly what we like to see."

Whether HSBC will still be on the hook for the $841,500 fine, Molino said he didn't know. That will be up to Justice Rogers to decide.

As for Pat O'Brien, he said he's thrilled with the house and happy to become a Batavia resident.

He took a job in Henrietta in the fall and found the house on the house listed for sale on the Fannie Mae Web site. He worked with local real estate agent Chuck Flynn to complete the purchase.

He's had a new gas line installed (it was cut off at the street), new electrical installed and the city turned the water on two days ago, making the house livable once again.

"Even though it looks a little bit bad on the outside, surprisingly, it's not that bad on the inside," O'Brien said. "Structurally it's really sound."

O'Brien said he liked Batavia because it's a small, quaint community that seems to have a lot going for it. Workers who have come over to his house have had good things to say about Batavia, he said, that it's a community on the rise.

And commuting to Henrietta, he said, is no big deal.

"Back in Jersey, I actually had a longer commute, so the commute between Batavia and Henrietta doesn't bother me," he said. "It's all Thruway. It's under 45 minutes, which I don't think is that bad."

Molino said O'Brien will be given time to get the house in good shape once again, which O'Brien said he intends to do.

"If you look at the house, it's actually not as bad as you think because the top third has all been aluminum sided and so I only have to repaint the lower two-thirds of the home, so like I said, I think by the end of the summer it should be a gem on the street," O'Brien said.

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

21 Hutchins St., which is vacant and condemned.

Just as he did in all but one county in New York, Donald Trump was the big winner in Genesee County in Tuesday's primary election, while Hillary Clinton did not do as well against her remaining rival for the nomination, Bernie Sanders.

Republicans preferred Trump by a wide margin locally, giving him 3,673 votes to 1,234 for John R. Kasich, and 974 for Ted Cruz.

The local Democrats mostly went with Sanders, giving him 1,539 votes, with 1,262 for Clinton. 

Clinton carried the state, however.

Bob Moore said he feels bittersweet about stepping away from the business he and his wife Noreen opened together 37 years ago, but he couldn't be happier with the new owners.

Tim Adams and Steve Foster become owners tomorrow afternoon of the Red Osier Landmark Restaurant in Stafford.

Already business partners with Adams Welding and other business interests, Adams and Foster said not only did the restaurant business interest them, they couldn't stand the idea of an outside buyer taking over a local tradition.

"There's no place like it," said Adams, who was named Geneseean of the Year for 2013. "It would have been a shame to see it shut down or turned into a Chuck E. Cheese. That's what people have been saying, it could have become a Chuck E. Cheese, or somebody could have moved it to another location and we would have had another empty building here. It's a special place so it would have been a shame to have it lost."

Foster started working at the Red Osier 20 years ago, straight out of high school, first as a server and working his way up through the ranks as a bartender and in the kitchen before becoming manager 10 years ago.

"The Red Osier is just a special family," Foster said. "We're all family."

Adams and Foster will retain the restaurant's 70 employees.

Moore said he's not retiring, just stepping aside from owning and running his own restaurant. He will serve as a consultant to Adams and Foster as well as his son, who owns another branch of the Red Osier brand, based in Rochester. 

He's excited to see what Adams and Foster will bring to Red Osier.

"That's what we need, young guys, like we were 37 years ago," Moore said. "They're like my wife and I were, full of piss and vinegar."

There won't be substantial changes, but Foster said there is definitely a magic about the Red Osier to be recaptured and they hope to do that with some decor changes to start -- new uniforms, new white table clothes, a regional wine display, historic pictures of the restaurant are a start.

Moore approves. 

"These guys are full of ideas," Moore said. "I want to help them implement as much as I can. The place looks beautiful. Wow! What a facelift."

There were eight or nine other potential buyers who looked into the restaurant before Adams and Foster approached him, and he immediately thought they would be a perfect fit to take over his business.

Noreen agreed.

"We couldn't have done better," she said.

Tim Adams ad Steve Foster with Bob and Noreen Moore and a commemorative key Tim and Steve made for them at their metal shop.

Scott Jay Seeley, 54, of Newstead Road, Akron, is charged with driving while intoxicated with a BAC greater than .08 percent, DWI, having a cracked windshield and an obstructed view. At 7:52 p.m. on April 18, on West Main Street in the Town of Batavia, Seeley was arrested following a traffic stop for vehicle equipment violation(s). After interviewing him and giving him field sobriety tests, which he allegedly failed, he was arrested then released on appearance tickets for Town of Batavia Court. The case was handled by Sheriff's Deputy Richard Schildwaster.

Malik Domonic Dietz, 21, of West 13th St., Manhattan, is charged with third-degree identity theft and petit larceny. Dietz allegedly used the victim's personal identification to gain access to an Internet site at 5 p.m. on April 8 from a location on Batavia-Stafford Townline Road. He was issued an appearance ticket for Town of Batavia Court on April 21. The case was handled by Sheriff's Deputy Bradley Mazur.

Press release:

The Batavia Business Improvement District (BID) is proud to highlight its accomplishments for the 2015-2016 fiscal year at its 17^th Annual Luncheon & Awards from 11:45 a.m. to 1:30 p.m. on Friday, April 22^nd at the City Church Generation Center, 15 Center St., Batavia.

Please join us to meet and hear from Laurie Oltramari, the new executive director of the BID, who holds a master's degree in Architecture and Urban Design from the University at Buffalo and previously worked as the BID assistant director for the three years.

In attendance will also be representatives from the offices of Congressman Chris Collins, Senator Michael Ranzenhofer, and Assemblyman Stephen Hawley as well as Genesee County legislators and Batavia City councilpersons. The newly elected board members for 2016-2017 will be announced by Freed Maxick, CPAs. A buffet will be served by Downtown restaurant, T.F. Brown’s.

This year’s guest speaker will be Felipe Oltramari, director of the Genesee County Planning Department, presenting on “The Value of Downtown and Secrets of Urban Design.” Oltramari was the leading voice in introducing Genesee County to the concept of “Beer-Oriented Development (BOD),” which spurred the interest and growth of breweries seeking to come to Downtown. He is also credited with educating municipalities in Genesee County on the idea of form-based codes which is a less restrictive and more intuitive land development regulation that fosters predictable building results and a high-quality public realm by using physical form (rather than separation of uses/zoning types) as the organizing principle for the code.

This year’s recipients of the Batavia Business Improvement District awards includes Java Farm Supply, T-Shirts Etc., and Kristen Merriam. 

Java Farm Supply (45 Center St.)  -- Spirit of Downtown Business Award 

Java Farm Supply first opened its doors in 1951 in the basement of a small tire shop. Its founder, William Bookmiller, wanted to offer customized solutions to help local farmers by providing innovative products, many of which were manufactured right here in Batavia.  

Today, Java Farm Supply remains focused on the same purpose and has expanded its scope to include application, dairy, fruit, turf care and row-crop equipment. Its new location in Batavia compliments an expanded product offering and helps its dedicated associates and mobilized fleets deliver these solutions all over Western New York and beyond.  

Java Farm Supply and its associates are proud members of the community, supporting and participating in many local events and organizations. "We are honored to serve the community that has so graciously welcomed us."  

T-Shirts Etc, Inc., (35-37 Center S.) -- Spirit of Downtown Business Award

T-Shirts Etc. is a family owned and operated local screen-printing company that was established in 1997 and began its operation in the Industrial Building on Harvester Avenue, right here in Batavia. After several moves to accommodate the growing industry, T-Shirts Etc. made its way to Downtown Batavia in January of 2012 and became a permanent resident of Downtown after purchasing the building at 35-37 Center St. in 2015.

T-Shirts Etc. provides quality screen printing, embroidery, artwork and logo design, banners, promotional products and decals. They currently serve more than 2,000 customers within the Genesee County area as well as several customers in other counties and out of state. 

As the company hits its 19^th year in business, T-Shirts Etc. currently employs five full-time people and is proud to contribute to several local charities and organizations in our community. 

T-Shirts Etc. is a proud member of the Batavia Business Improvement District, Genesee County Chamber of Commerce, Genesee County Business Education Alliance, and the Advertising Specialty Institute.

Kristen Merriam -- Spirit of Downtown Volunteer Award

Kristen Merriam graduated from Churchville Chili High School in 1999 and then attended Monroe Community College in 2002. She is the proud mother of three children and an avid gardener. Kristen was nominated for the volunteer award because although she does not serve on any committee, she is the first to volunteer to help for any event including promoting events, volunteering at the Batavia Wine Walk, Beertavia, the BID’s Annual Downtown Clean-up, and even staying nearly all day to help with the BID’s largest festival, Summer in the City.

She works at Charles Men’s Shop and although sometimes volunteers only do so in order to promote their business, Kristen works hard and selflessly because she sees the value of helping the community. She has worked behind the scenes for several years. It is likely that board members or committee members do not know the extent of her help. It is with great honor that we bestow the Volunteer Award to Kristen.

*************************

Contact: Laurie Oltramari

E-mail:   LOltramari@DowntownBataviaNY.com

Phone:  (585) 344-0900 office                                                                                                                                    

A vehicle crashed into the 7-Eleven convenience store in Oakfield, located at 25 S. Main St., and then it left. Law enforcement is on scene and Oakfield Fire Department is responding. The building is damaged.

UPDATE 2:07 p.m.: Fire command is holding the assignment in quarters.

UPDATE 2:25 p.m.: The car involved is described as an older model red SUV. It was last seen heading toward the city.

UPDATE 3:10 p.m.: A car matching the description of the vehicle involved in this incident is reportedly broken down on Route 262. Law enforcement is heading there.

In the first quarter of 2016, the average population housed in the Genesee County Jail was 79, up from 60 in the first quarter of 2015.

The biggest impact on the county's budget with  an increased jail population, Sheriff Gary Maha said during his department review report to the County Legislature's Public Service Committee, is an increase in expenses for medication and medical care.

The majority of inmates have either substance abuse issues or mental health problems. This has been a growing trend in recent years.

The Sheriff's Office is also handling more female inmates, with an average of 18 this year compared to 11 last year.

Since the local jail can't house female inmates, they must be transported to and from jails in other counties in Western and Central New York willing to keep them. This is an added expense of the Sheriff's Office and takes deputies off of patrol.

Currently, staffing in the department is short five deputies. There are three new deputies going through the academy, but by the time the first one graduates, a current sergeant will retire and other retirements are anticipated this year.

The hiring and training process for a deputy, getting a deputy to the point where he or she can work a solo patrol, takes close to a year.

The department also lost a productive and dedicated deputy recently when Joseph Corona transferred to Monroe County. 

A legislature asked if that was because of better pay in Monroe County and Maha said that while the pay is better, and retirement benefits are better, Corona also had family and personal reasons for making the transfer and that a larger department offers greater opportunity for career advancement.

That said, Maha said, historically, the Sheriff's Office hasn't lost many deputies to other departments, so he doesn't anticipate this signaling a trend. 

The turnover is high in the Sheriff's Office because there just happens to be a lot of retirements hitting at the same time. Eventually, that should even out.

The emergency center call volume is up about 8.5 percent, but this largely reflects structural changes, not an increase in more calls for service.

Calls get logged when additional fire units are dispatched on calls, for example, and increasingly, multiple departments are being dispatched for calls in volunteer fire districts, so a call for service that was once counted as one logged dispatch is now logged as two.

The Sheriff's Office now also handles dispatch for State Police Troop A, which means more calls and traffic stops logged. 

Theresa Asmus-Roth, program coordinator for Genesee Justice, is anticipating a 15-percent increase in funding from a federal grant.

Bail evaluations have increased 22 percent over last year, with the cases being handled by one full-time staff member and one part-time, and they're managing to keep pace with the case load.

"We certainly appreciate having that second person," Asmus-Roth said. "(Bail evaluation) is quite an involved process."

The Child Advocacy Center handled 241 cases in 2015.

The Sheriff's Office is participating in Project Live Saver, which provides tracking bracelets to children who might wander off, and 14 disabled children wear the bracelets currently.

Earlier this week, a 79-year-old woman with dementia wandered off from her home, leading to a multi-patrol search for her, and Maha said potential grants might help expand the program to other people who might wander off.

A person out walking a dog heard a bang, like a door slamming, and then saw a white male dressed in black quickly leave a residence on Morton Avenue.

Batavia PD responded and the subject was located.

Officers were checking for unlocked vehicles and, if they found any, were asking residents to check and see if anything was missing.

The resident of the original complaint was not at home at the time and it's unknown if the subject dressed in black made entry.

Kerry L. Norton, 33, of Porter Avenue, Batavia, is charged with operating a motor vehicle with a BAC of .08 or greater, driving while intoxicated, DWI -- Leandra's Law, and endangering the welfare of a minor. At 2:31 a.m. on April 16, Norton was arrested after being stopped for multiple traffic violations. Norton performed field sobriety tests, which he allegedly failed. Officers discovered that two of his passengers were juveniles under age 16. Officers later discovered that Norton allegedly allowed the children to smoke marijuana in the vehicle while he was driving. He was jailed without bail and set to return to court today. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Foels.

Deniz M. Pirincci, 59, Garden Drive, Batavia, is charged with owning an unlicensed dog and owning a dog running at large. At 9:32 p.m. on March 27, Pirincci's dog was running at large and allegedly attacked another dog that was being walked by its owner on Garden Drive. Following at investigation, he was issued at appearance ticket for April 12. The case was handled by Batavia Police Officer Kevin DeFelice.

Joseph A. Monte, 52, of West Main Street Road, Batavia, is charged with third-degree robbery, second-degree harassment, and criminal obstruction of breathing. He was arrested at 2:32 a.m. on April 17 after an investigation into a domestic incident that occurred a short time earlier on Walnut Street. He was jailed and set to be in court today. The case was handled by Batavia Police Officer Eric Foels.

Carlos Samol, 51, of Libersty Street, Batavia, is charged with second-degree menacing. He was arrested after an incident at 8:07 p.m. on April 17 on Ellicott Street in which Samol allegedly menaced another person with what appeared to be a pistol. He was jailed on $5,000 bail and is to appear in City Court today. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Christopher Lindsay. In addition, he was charged with second-degree criminal contempt for allegedly riding in a car with another person in violation of a complete stay-away order of protection. On the latter charge, the case was handled by Officer Christopher Lindsay, assisted by Mitchell Cowen.

Frank J. Finley Jr., 33, of Dellinger Avenue, Batavia, is charged with second-degree harassment and endangering the welfare of a child. Finley was arrested following an investigation into a domestic incident in the city at 11:40 p.m. on April 9. He was due in court on April 11. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Peter Flanagan.

Riley J. Cole, 20, of Garibaldi Avenue, Oakfield, is charged with second-degree harassment. The charge stems from an incident on Walnut Street at 3:50 p.m. on April 8 wherein Cole allegedly struck an ARC staff member in the face. Cole is to appear in City Court Tuesday. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Chad Richards.

Zachary Vernon Seeley, 19, of East Main Street, Batavia, is charged with second-degree harassment and fourth-degree criminal mischief. He was arrested following an altercation at 3:11 p.m. on April 13 at 555 E. Main St. with another resident at that location. Seeley allegedly became upset with the other resident and punched a hole in a wall there, prior to allegedly shoving the other resident. He was jailed in lieu of $500 bail and was due in court on April 14. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Stephen Cronmiller.

Taheed M. Moffett, 31, of Turner Street, Rochester, is charged with criminal mischief -- $250 in damages, resisting arrest and second-degree obstruction of governmental administration. Moffett was arrested at 8:56 p.m. on April 19 on Pearl Street. The defendant was to appear in April 12. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Christopher Lindsay.

Scott D. Higgins, 35, of West Main Street Road, Batavia, is charged with aggravated driving while intoxicated, with a BAC of .18 percent or more, DWI -- common law, third-degree aggravated unlicensed operation, failure to use headlights, and operation of a motor vehicle by an unlicensed driver. At 2:22 a.m. on April 16, officers conducted a traffic stop on a vehicle without headlights on West Main Street at Burger King. Higgins was allegedly found to be operating the vehicle while intoxicated and he was subsequently arrested for DWI and issued tickets. He is scheduled to be in City Court on April 27. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk. Higgins was subsequently arrested at 1 p.m. on April 19 for failure to appear on a charge stemming from an incident on Aug. 12, 2014, on West Main Street.  He was jailed, then released after posting $200 bail. He is to appear in City Court on this matter Tuesday. The case was handled by Officer Wojtaszczyk, assisted by Officer Perkins.

Christopher Michael Barone, 33, of Lawrence Avenue, Corfu, is charged with criminal possession of a controlled substance, 7th, and second-degree aggravated unlicensed operator. He was arrested at 7:59 p.m. on April 8 after a traffic stop on Main Street in Batavia. He was found to have a suspended driver's license (14 suspensions on four dates) and also had an active warrant out of the Town of Batavia for third-degree aggravated unlicensed operator. He was also allegedly found to possess cocaine. He was jailed on $1,000 bail and was to be in City Counrt on April 11. The case was handled by Batavia Police Officer Darryle Streeter.

Terry L. Travis Jr., 33, of Pringle Avenue, Batavia, is charged with driving while intoxicated, first offense, aggravated unlicensed operation of a motor vehicle, 3rd, refusal to take a breath test and illegal signal. He was arrested at 1:38 p.m. on March 25 and released with an appearance ticket for City Court on April 27. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Robin D. Dixon, 28, of Barbie Court, Rochester, is charged with driving while intoxicated, driving while intoxicated -- common law, and driving the wrong direction on a one-way street. Dixon was arrested at 2:08 a.m. on April 9 after she was observed allegedly driving the wrong way on a portion of School Street, downtown. After a traffic stop, she was arrested for allegedly driving in an intoxicated condition. She is to be in court on April 20. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk.

Brian V. Bisig, 29, of Transit Road, Elba, is charged with having insufficient tail lamps and second-degree aggravated unlicensed operation. At 9:47 p.m. on April 14, Bisig was stopped for having a defective tail lamp in the area of West Main and River streets. He was arrested and posted $200 bail and is to be in City Court on April 27. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Johnney Lee Shannon, 57, of Creek Road, Batavia, is charged with seventh-degree criminal possession of a controlled substance and unattended motor vehicle. Shannon was arrested at 1:06 p.m. April 11 on West Main Street Road, Batavia, after allegedly leaving his vehicle running unattended in the parking lot of a local business. The defendant was issued an appearance ticket for City Court on May 3. Subsequently, Shannon was arrested on a warrant out of Wyoming County. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Marc Lawrence.

Nathan S. Love, 23, of Montclair Avenue, Batavia, is charged with failure to appear. He was arrested on a City of Batavia warrant that was issued after he failed to appear on a charge stemming from an incident on Feb. 27 on West Main Street, Batavia. He was jailed on $500 bail and was to be in City Court this afternoon. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Felicia DeGroot.

Gregory F. Frieday, 31, of Osterhout Avenue, Batavia, is charged with criminal trespass and criminal mischief -- intent to damage property. He was arrested at 11:20 p.m. on April 9 and was issued an appearance ticket for court on May 3. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Timothy J. Wood Sr., 27, of Oak Street, Batavia, is charged with second-degree harassment. He was arrested at 12:30 p.m. on April 3 following an investigation stemming from his allegedly threatening individuals. He was jailed on $1,000 bail and was to be in court on April 7. The case was handled by Batavia Police Officer Stephen Cronmiller.

Kyle Ratulowski, 20, of West Main Street Road, Batavia, was arrested on two counts of petit larceny after attempting to pawn items he allegedly stole from unsecured vehicles overnight while in the City of Batavia. He was issued an appearance ticket and is to be in City Court on Tuesday. The case was handled by Batavia Police Officer Jason Davis. Deputy Young from the Genesee County Sheriff's Office assisted in the investigation. The Sheriff's Office also had charges on Ratulowski for allegedly stealing items from unsecured vehicles in the Town of Batavia. He was jailed on those charges.

Kiha S. McNear, 18, of 1/2 Walnut St., Batavia, was arrested at 9:45 a.m. on April 11 after police responded to a report of a physical altercation in the parking lot of Tim Horton's. While police were interviewing multiple subjects, McNear became upset that poluce had stopped him and allegedly started using absive language and shouting obscenities and racial epithets toward police. He was subsequently arrested and issued an appearance ticket for city court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Sgt. Daniel Coffey. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Kevin DeFelice.

Kasey J. Wagner, 34, of Fletcher Chapel Road, Shelby, is charged with failure to appear. Wagner was arrested on a warrant issued her failure to appear in court on a charge of third-degree aggravated unlicensed operation. Wagner was jailed on $250 bail and was due in court April 11.

Christina A. Cotter, 23, of Ellicott Street, Batavia, charged with second-degree criminal contempt. Cotter was arrested on April 4 after violating a complete stay-away order of protection issued by City Court by allegedly sending several text messages to the protected party. Cotter was to be in court April 12. The case was handled by Batavia Police Officer Jamie Givens.

Ralph A. Golding, 51, of Broadway, Alden, was arrested April 11 on a bench warrant out of City Court. The warrant was issued after Golding allegedly failed to pay a fine in relation to a conviction for petit larceny. The defendant was due in court April 13. The case was handled by Batavia Police Officer Christopher Lindsay.

Kathryn F. Long, 21, of Harris Road, Le Roy was arrested on April 14^th by the Le Roy Police Department and charged with petit larceny, a Class A misdemeanor. Long was arrested following a complaint of an alleged larceny in progress from Tops Market located in the Village. Long allegedly took $5.89 worth of merchandise from Tops. She was issued an appearance ticket and is to appear in Le Roy Town Court on May 19.

Kenneth A. McJury, 52, of 1/2 Highland Park, Batavia, is charged with petit larceny. McJury was arrested following an investigated into a larceny at 5:57 p.m. April 6 at the Kwik Fill on Jackson Street. He was issued an appearance ticket for City Court on April 12. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Arick Perkins.

Multiple law enforcement units, along with a helicopter and a K-9, are searching the Seven Springs Road area for a reported missing person.

We'll provide more information if it becomes available.

UPDATE 10:11 p.m.: The focus of the search, "a vulnerable adult female," has been located and is being returned home. "She is in good spirits and is refusing EMS," says a responder.

UPDATE 6:43 a.m.: The 76-year-old woman who was subject of the search lived on Haven Lane, according to the Sheriff's Office, which is where the search began at 8:15 p.m. The woman was locatec by a Batavia PD officer at 9:58 p.m. at an unspecified location and returned home safely. 

An out-of-control brush fire is reporred at 6925 Transit Road, north of Route 262. Byron and South Byron fire departments are responding.

An out-of-control brush fire is reported at 9309 Clipnock Road, Stafford. The location is between Sweetland and Torrey roads. Stafford Fire Department is responding.

This afternoon a Stafford family's chocolate Labrador retriever went missing. "Max" is 3 years old and his best friend is the family's 7-year-old child.

"Our family is devastated and we believe that he may have been stolen because he never leaves the yard ever," says Kevin Wolff. "We would give anything to have our Max back."

The dog is wearing a camouflage-colored collar and a Superman tag with his home address on it -- 5774 Sweetland Road, Stafford.

If you've seen Max or have helpful information, phone Kevin at 409-5599. NO QUESTIONS ASKED!

UPDATE 5:14 p.m.: Max has been found and is happily reunited with his family and his little BFF.

A four-wheeler accident in Bergen is reported somewhere near West Shore Trails, west of Route 19. Possible serious injuries. The caller is a "hysterical male" and the victim is a female who is unconscious. Mercy Flight is on ground standby. Bergen fire and Mercy medics are responding.

UPDATE 1:14 p.m.: The location "is believed to be on West Sweden" Road.

UPDATE 1:53 p.m.: The female was conscious by the time medics were on scene. She has some "road rash" and is being taken by ambulance to Strong Memorial Hospital for evaluation. A deputy on scene said the call sounded much worse than it turned out to be.

More than 400 people turned out yesterday at Sacred Heart to help raise money to support Michael Tenebruso (above), who beat colon cancer four years ago and is now faced with stage IV lung cancer.

Tenebruso recently became a principal in the Buffalo school district and hasn't been in the job long enough to received extended paid leave, so friends are working to raise enough money to enable him to take time off work for treatments.

Yesterday's fundraiser included food, 130-basket chance auction and a live auction.

Those who wish to make a donation can send a check in Michael Tenebruso's name to Big Pauly's Pizza, 314 Ellicott St, Batavia, NY 14020.

Pictured below, Paul Bernardini, Michael Tenebruso and Jessica Radam. Bernardini and Radam helped organize the event.

Law enforcement is out with an individual at Boyce Road and Route 5, Pembroke, who became the subject of a multi-patrol search after reportedly making attempts to walk on the Thruway.

He was reportedly warned to stay off the Thruway, but was later seen on the Thruway again.

At one point during the search, a trooper reminded all responding units that there were no pending criminal charges, he was just an individual trying to get to New York City.

The individual is being transported to the Pembroke exit by a deputy, who will meet up with troopers from Troop T.

UPDATE 8:54 p.m.: The subject is now in custody of a Troop T trooper and is facing a possible criminal trespass charge.

Top photo, sister and brother Heidi Richmond and Dale Banfield by their unique new sign, made with love in Elba. Above, a sampling of fare offered at a private party Friday at the new restaurant.

Authentic Texas-style barbecue is what you'll find at a new restaurant that officially opens at 11 a.m. Monday at 8282 Park Road in Batavia. If you've never had it, you're in for a treat. If you've had a hankerin' for it based on past experience, here's your chance to enjoy anew.

The Waggin Wheel Restaurant & Lounge is located where the former 10-Cent Millionaire Tavern used to be. (Yes Waggin, not Wagon.) It's been freshly painted throughout, and the kitchen expanded and upgraded with new equipment.

Beef is the key menu item here, not pork. Sliced BBQ beef sandwiches on fresh kaiser rolls, "no Walmart buns." Dry-rubbed ribs. And for steaks, that means Angus beef, a premium, buttery smooth variety cooked over charcoal on specially made outdoor grills (crafted at Tri-County Welding in Batavia).

General Manager Dale Banfield, who runs the new eatery along with his sister, Heidi Richmond, compared Angus vs. regular beef to car buying.

"You can't go out and buy a Scion and think it's a Cadillac," he said. "You can't find Angus beef around here. It's the best there is. They're going to be amazed."

Premium meat properly cooked equals delicious.

"We're going for the quality," Banfield said.

Brisket was among the items sampled Friday at a private party to kick off the "soft opening" next week (starting at 11 a.m. Monday). It was melt-in-your-mouth delicious, juicy and flavorful. It was smoked in a large two-door portable smoker on the premises (nothing artificial here).

Texans, of course, like their barbecue sauce red. At each table, diners can choose a style of homemade sauce to their liking -- Texas, St. Louis, South Carolina -- which are kept in small squirt bottles.

There will also be fresh Italian sausage smoked over cherrywood for just a touch of sweetness, and pork.

Smoked pork chops are sublime, according to Banfield.

Sides are Southern-style. That means slow-simmered beans, cornbread that tastes like cornbread and not cake, hot macaroni and cheese, and piquant cole slaw: "I don't like a sweet slaw," Banfield said earnestly. Plus, greens, corn on the cob, all as locally sourced as possible.

Fresh-cut Cajun fries, a tuna-macaroni salad, and a creamy potato salad with chunks of red and green bell pepper and onion were also menu items sampled yesterday.

"Y'all come on and line up," Banfield told the hungry crowd. "We're gonna be bringing out some steaks and brisket and wings..."

"Y'all?" someone piped up.

"Yea, y'all," he replied jokingly. "And if y'all don't like it -- there's 'the doh' or as they say in Texas, 'the der.' "

A big grand opening with lots of fanfare will take place sometime in the next couple of weeks.

They plan to offer live entertainment on weekends. Eventually, they want to have live outdoor music on the property, which has a huge open area on one side of the 2,800-square-foot restaurant.

Inside, the 43-foot loooong, curved bar has been redone with raw pallet wood thickly coated in shiny resin. The full-liquor license should be in place anyday now, but until then there's soda pop ("...and the dancin's free..."). Eight large flat-screen TVs hang on the walls. Seating consists of small tables, upholstered fold-up chairs and plastic red-and-white gingham tablecloths.

Kids will feel at home in the family-friendly atmosphere.

Banfield was in the restaurant business in the Lone Star State for years (Dallas) before relocating to the Empire State for a job in 2004; some family members live here, too.

He likes what he does for a living and missed it when he was away from it.

"I like meeting the people and seeing the smiles on their faces from (eating) good food," he said.

Lunch 11 a.m. to 2 p.m. / Dinner 4 to 10 p.m. -- Monday through Saturday. Closed Sundays. Off-site catering is available.

Phone is 201-7680. E-mail:   opbminc@gmail.com

Batavia PD is investigating something, but we can't get any information. We spotted city firefighters atop the roof of the former Santy's Tires building and found Deputy Chris Erion with K-9 Destro doing a search, but Officer Kevin DeFelice said he couldn't release any information. He said there would be a press release later.

There were also patrol vehicles at Jackson Street and Highland Avenue.

State Troopers were handling a separate, unrelated case, at the same time on Liberty Street.

Service dogs play a vital role in helping veterans deal with medical issues, including Post-traumatic Stress Disorder (PTSD). But when the dogs stay with veterans at the PTSD clinic at the VA Center in Batavia, there hasn't been a place for them to relax, play and run, which service dogs need to do when they're not working.

Until recently, veterans who entered in-patient care at the clinic weren't allowed to bring their dogs, but now that they can; there needs to be facilities to accommodate the canines.

The Combat Veterans Motorcycle Association heard about the problem and raised more than $1,400 (mostly from their own members, but the Rotary Club and Home Depot also contributed) to build a dog run behind the clinic.

Today, that fenced-in dog run was built, giving the service dogs a place of their own when they're not working.

The work was made possible through the cooperation of the CVMA, led by Frank Grillo, of Buffalo, and Brian Stiller, Medical Center director for the WNY Medical Healthcare System.

While there have been a lot of complaints nationally about the VA, Grillo noted the VA in WNY seems pretty responsive to veterans and he praised Stiller for his cooperation.

"You hear a lot of people talking a lot of bad stuff about the VA, but then you get a guy who is a veteran himself leading a portion of the VA, and it's kind of inspirational to see somebody who cares actually stepping up and helping us do what we need to do to help our fellow veterans," Grillo said.

Stiller said he could help because the current secretary of the VA has said principles should come before rules.

"We can pull this off by having somebody who has a can-do attitude and this group of veterans," Stiller said. "This is something that has happened real quick and it shows how the community can come together and do a simple, real good thing right on time. It speaks volumes for the commitment and caring that is going on."