batavia

Batavia police have their weapons drawn and a house surrounded on Jackson Street by the Salvation Army and railroad tracks. Unknown situation. A caller earlier reported being downstairs and hearing doors slamming upstairs, although no one should be upstairs. The street is blocked off.

UPDATE 3:08 p.m.: The occupants who were downstairs are out of the building.

UPDATE 3:32 p.m.: Howard at the scene says a neighbor there told him that a man who lives in the two-story tan-colored house was bothered by children making noise and distrubing the peace and he threatened to shoot them if they didn't stop the ruckus.

UPDATE 5:09 p.m.: The county's Emergency Response Team now has the house surrounded.

UPDATE 6:18 p.m.: Statement from Batavia PD Officer Marc Lawrence: "This afternoon around 2:15 we got an initial report of a tenant upstairs threatening harm to his neighbors. Patrols responded to speak the male subject in his approximate 60s, white male; male would not answer the door for patrols. Patrols attempted communication. During the initial contact, patrols had reason to believe that the male may have access to weapsons. That at this point is unconfirmed. We are taking all precautionary measures at this time. Neighboring residents have been evacuated and officers have established a perimeter, attempting to make with subject. Emergency Response Team was notified and responded. We are being assisted by New York State Police, the Genesee County Sheriff's Office, and the Genesee County Emergency Management coordinating agency. We will be updating the situation as it progresses. At this point the incident is still under investigation. Charges will be filed as appropriate. We are urging all residents to stay inside and refrain from travelling the area as much as possible."

In response to a question from WTBA, Lawrence said the subject is known to police.

Howard asked if at some point authorities will take action, or will they just wait it out, and Officer Lawrence said: "We are looking to take action, but at this point if we can get in to have any communication, we will wait it out. We are trying to keep this as minimal as possible. We don't want anyone injured."

Lawrence said they did communicate with the man briefly. At one point, the SWAT team moved further away from the house. When asked why, Lawrence said it was because "they were looking to have a negotiator talk, but then all negotiations fell through and they moved that room back to a safe distance."

"...It is our expectation we are going to be here a little while. It could stop now; it could stop three hours from now."

He added that police believe he does have a gun, but they have not confirmed that.

UPDATE 7:04 p.m.: The suspect has been arrested.

UPDATE 7:05 p.m.: About 20 minutes prior to the arrest, a reverse 9-1-1 call went out to residents within at least a quarter-mile of the scene, telling them to shelter in place. The fire department was called in. Crowds which had gathered along Ellicott Street to watch the goings-on where told to move back. An object was seen being thrown up to a window, and Officer Marc Lawrence said that it was a portable phone.

The Peace Garden in Batavia is 5 years old, and supporters celebrated Saturday with a dinner at Terry Hills.

Awards were given to Kelly Rapone, Mary Dix, Kathy Jasinski and Ron Burroughs.

The guest speaker was Corrin Stellakis, 2014 Miss Teen NYS.

Also pictured are Tom Dix, Paula Savage, Ellen Bachorski, Carol Grasso, Berneda Scoins and Louise Wallace.

Saturday was "Women Build Day" for Habitat for Humanity and in Batavia more than 50 women signed up to assist with the current project for Genesee County, at 26 Oak St.

The prospective homeowner is Sheila Rolle and her daughter Jada. Local Habitat CEO Jessica Maguire-Tomidy said she is particularly excited about this project because Rolle was the first potential homeowner who came to her when she started six years ago and Rolle has worked hard to get herself in a position to qualify for a Habitat home.

It was a hot, dusty day at the construction site.

Ron Burroughs out for a bike ride on Court Street, Batavia, this afternoon.

We'll have more coverage from today's happenings in Genesee County in the morning.

Brandon M. Weig is indicted for the crime of aggravated sexual abuse in the second degree, a Class C violent felony. It is alleged that on Nov. 13, 2013, Weig, while at a residence on Bank Street in the City of Batavia, did insert his finger in the vagina of another person, causing physical injury to the person who was less than 11 years old. In count two, the Grand Jury accuses him of the crime of aggravated sexual abuse in the second degree, a Class C violent felony, for allegedly on the same day, at the same address, inserting his finger in the rectum or anus of another person causing physical injury to the person who was less than 11 years old. In count three, Weig is accused of first-degree sexual abuse, a Class D violent felony, for allegedly being 18 or older and with intent to cause physical injury to a person less that 7 years old, causing such injury to the person.

Lori J. Marchese is indicted for the crime of DWI as a Class E felony. It is alleged that on Nov. 29, 2014, Marchese drove a 2009 Chevrolet on West Main Street Road (Route 5) while her ability to do so was impaired by drugs. In addition, the DA filed Special Information with the Grand Jury, accusing her of having been convicted of DWI as a Class A misdemeanor on Aug. 25, 2005, in Batavia City Court. That conviction was within 10 years previous to the commission of the crimes alleged in the current indictment.

Cody D. Cutitta is indicted on seven counts. The first is sealed pending arrest. In count two, Cutitta is accused of the crime of criminal possession of stolen property, 4th, a Class E felony. It is alleged that on Dec. 16, 2014, in the Town of Batavia, Cutitta knowingly possessed stolen property to benefit himself or a person other than the owner or to impede the recovery by an owner. The alleged property involved was a credit or debit card. In count three, he is accused of second-degree forgery, a Class D felony. It is alleged that on the same day while at an auto parts store in the City of Batavia, Cutitta, with intent to defraud, deceive or injure another, falsely made, completed, or altered a written statement which was purported to be a commercial instrument -- a credit / debit card -- to buy $132.18 worth of auto parts without having the authority to do so. In count four, the Grand Jury accuses Cutitta of second-degree forgery, also a Class D felony, for making an unauthorized purchase of $410.54 worth of auto parts on the same day with the same card. In count five, Cutitta is accused of second-degree forgery, another Class D felony, for buying $82.31 worth of merchandise at Walmart with another person's credit / debit card, without having the authority to do so. In count six, the defendant is accused of petit larceny, a Class A misdemeanor, for using the same card to buy $36 worth of gas at Hess Mart, as well as the other aforementioned purchases. In count seven, Cutitta is accused of second-degree identity theft for allegedly knowingly and with intent to defraud, having assumed the identity of the rightful card holder to unlawfully obtain goods, property or services in an aggregate amount that exceeded $500.

Nicholas J. Elmore, 26, of Batavia, is charged with theft of services, petit larceny and criminal possession of a controlled substance, 7th. Elmore was arrested by Macedon PD for alleged shoplifting. He hired a cab for a ride from Macedon PD's office to a hotel in Batavia. He allegedly fled through a back door of the hotel without paying his $144 cab fare. State Police were dispatched to the complaint. They located Macedon PD paperwork related to the shoplifting arrest on the back seat of the cab. Elmore had used another person's ID with the Macedon PD. That person was located by troopers and interviewed. Troopers secured a photo of Elmore and shared it with Macedon PD who confirmed Elmore was the actual suspect in the shoplifting case. Elmore was located in a local hotel and arrested. At the time of his arrest, he allegedly possessed three packages of heroin. He was jailed on $800 bail.

Matthew Lilly, 25, of Marshall Road, Lyndonville, was arrested on a warrant. Lilly allegedly failed to appear on a disorderly conduct charge from April, 2014. He was jailed on $200 bail.

Gregory Scott Snyder, 46, of Alleghany Road, Darien, is charged with assault, 3rd. Snyder allegedly punched another person in the face during an argument reported 10 p.m. Thursday on Genesee Street, Alexander. The alleged victim was transported to Warsaw Hospital for treatment.

Cory Lynn Hyde, 33, of South Main Street, Mount Morris, is charged with disorderly conduct. Hyde was arrested on a warrant out of Town of Darien Court. He was jailed on $200 bail.

John Charles Siracuse III, 31, of Pringle Avenue, Batavia, is charged with falsely reporting information about an actual incident. Siracuse is accused of providing information about a motor-vehicle accident that wasn't truthful. The accident was reported at 3:20 p.m. Thursday on Lewiston Road.

A 17-year-old resident of North Main Street, Oakfield, is charged with harassment, 2nd. The youth is accused of striking another person while in a vehicle at 8:30 p.m. Tuesday in Oakfield.

Ryan Michael Bobzin, 26, of West Bergen Road, Bergen, is charged with petit larceny. Bobzin allegedly stole an Xbox Kinect with a value of $100 from a family member April 22. He was jailed on $1,500 bail or $3,000 bond.

Leslie Charles Sage, 47, of Wight Road, Basom, is charged with aggraveted unlicensed operation, 3rd, driving on a suspended registration and driving a vehicle without an inspection sticker. Sage was stopped 3:28 p.m. March 28 on Park Road, Batavia, by Deputy Joseph Corona. He was jailed on $1,000 bail or $2,000 bond.

Barbara A. Hofert, 54, of Washington Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater and obstructed license plate. Hofert was stopped at 7:54 p.m. Tuesday on Porter Avenue, Batavia, by Officer Mitchell Cowen.

Juan Pozotempan-Ahuejote, 37, of Wood Street, Batavia, is charged with menacing, 3rd. Pozotempan-Ahuejote allegedly threatened another person with a raised, clinched fist during an argument reported at 3:50 p.m., Wednesday. He was jailed on $3,000 or $6,000 bond.

TyAnna D. Green, 20 of Holland Avenue, Batavia, is charged with disorderly conduct. Green was allegedly involved in an incident in the parking lot of Dunn Tire at midnight, Thursday.

Winston A. Lockhart, 20, of East Main Street, Batavia, is charged with disorderly conduct and unlawful possession of marijuana. Lockhart was allegedly involved in the incident with Gree, above.

Brody A. Jorgenson, 20, of Ellicott Street, Batavia, is charged with possession of alcohol under age 21. Jorgenson was allegedly involved with an underage drinking party reported at 1:14 a.m. Sunday at 340 Ellicott St., Batavia. Also charged Joshua A. Wester, 20, of Ellicott Street, Batavia.

Leonard A. Johnson III, 22, of Holland Avenue, Batavia, is charged with assault, 3rd. Johnson was arrested as the result of an investigation into an incident reported April 29 on Holland Avenue.

Jennifer Lynne Judkins, 20, of Dodgeson Road, Alexander, is charged with petit larceny. Judkins allegedly stole $43 in clothing from Kmart.

Jason Andrew Barnhart Sr., 28, of Pratt Road, Batavia, is charged with petit larceny, criminal contempt, 2nd, and criminal trespass, 3rd. Barnhart allegedly stole two DVDs from Walmart, and in the process violated an order of protection and being restricted from the property.

Christine Aminta Soler, 37, of Phelps Road, Pembroke, is charged with harassment, 2nd. Soler allegedly struck another person during an argument at 2:41 p.m., Wednesday. 

Luke Paul Simmons, 18, of Harper Road, Corfu, is charged with unlawful possession of marijuana. Simmons was arrested by Deputy Kevin McCarthy following an investigation into a report of a suspicous vehicle on Route 20 at 9:19 p.m., April 24.

Orentheo Jamar Flowers, is charged with aggravated unlicensed operation and unlicensed operator. Flowers was arrested on a warrant for an alleged failure to appear on the charges.

Shayne Robert Patterson, 49, of Killian Road, Corfu, is charged wit DWI, driving with a BAC of .18 or greater and drinking in a motor vehicle. Patterson was stopped at 8:38 p.m. Monday by Deputy Joseph Corona.

Crystal L. Wojtkowiak, 19, of Attica, is charged with false reporting and obstructing governmental administration. Garry P. Pitz, 20, of Depew, is charged with false reporting, obstructing governmental administration, reckless driving and other traffic violations. Wojtkowiak allegedly claimed to be the driver of a 2004 black Chevorlet Blazer involved in a rollover accident April 12 on Bowen Road, Alexander. State Police investigated and determined Wojtkowiak wasn't in the vehicle at the time of the accident and that Pitz was the actual driver. Pitz was reportedly driving northbound no Bowen Road when he made an alleged unsafe start and lost control of the Blazer, causing it to go off the east shoulder. He then overcorrected and spun around, causing the vehicle to rollover, coming to rest in the field on the east side of the highway. No deer were involved.

John J. Haire, 67, of Chili Riga Center Road, Churchville, was charged with DWI and driving with a BAC of .18 or higher. Haire was arrested following a complaint of a man urinating in the Top's Market parking lot in the Village of Le Roy.

A toast to all moms on this beautiful Mother's Day weekend! We can help you pick out a bottle of wine and gift wrap it for you, too! We also have gift certificates. Cheers ladies!

A grass fire is reported behind Delre's Greenhouse and Garden Center, 4062 W. Main Street Road. Town of Batavia Fire Department is responding.

Sheriff's deputies are responding to Grand View Cemetery on Clinton Street Road following a report of several items being stolen. The thefts were not specified.

Batavia Society of Artists opened its Spring Show Thursday evening at the Richmond Memorial Library.

Kathy Roblee, above, won Best of Show with her work, "Tonawanda Creek," which is an acrylic.

Linda Metcalf, First Place -- "Where's Mary," watercolor.

Marilynn Palotti, "Napa Valley Sunset," acrylic.

Amber Motzer (not pictured) won the Virginia Carr-Mumford GCC Art Award.

A mediator could help resolve the long-simmering dispute between the City of Batavia and the Mall Merchant's Association, City Manager Jason Molino said this morning during an on-air interview on WBTA's Main and Center.

The bickering and lawsuits and counter-lawsuits are leading nowhere, Molino suggested. They won't lead to a resolution that satisfies all parties. A mediator would have a better chance and an equitable solution.

“When litigation is filed, it is on a narrow scope of issues and if it ever goes to trial and has a determination, the determination is going to be on that narrow scope of issues, and generally, on anything, there is more to it than just those narrow scope of issues and in this case, there is a lot more to it," Molino said.

The city and the Mall Merchants Association have been locked in a dispute for several years over who is responsible for the maintenance of the roof over the mall concourse.

The merchants claim the city owns the concourse and should repair or replace the roof.

The city maintains the merchants failed to properly maintain the roof.

Molino said he would like to see the case go to a mediator.

“Can there be a mediator? Yes, absolutely," Molino said. "Is that something we’re looking to do? Yes, it is.”

So far, no mediator has been appointed.

The city owns the Mall Concourse. The stores and offices in the mall are individually owned.

Sometime around 5 p.m., a truck carrying crates of tomatoes dumped a few boxes in the curve where Walnut becomes South Main in Batavia. A witness told police, the driver stopped, gathered his empty crates and left the tomatoes in the roadway. Police responded to a report of a "dangerous condition" and requested city DPW to the scene for clean up. The tomatoes were hauled to the city's compost heap. The driver, who left the scene, could not be identified.

MOTHER'S DAY 3-COURSE BREAKFAST - Seatings at 9  & 11 a.m. ~ $13.95 
~ Something to Start ~  Choice of Entree ~ Something to Finish ~

• Filet & Eggs ~ a grilled petit filet, any style eggs, home fried potatoes and Texas toast. 
• Black Forest Waffles ~ fluffy dark chocolate waffles topped with a cherry glaze and homemade crème served with breakfast sausage. 
• Stuffed French Toast ~ thick slices of cinnamon egg-dipped toast stuffed w/Nutella and topped with fresh strawberries and crème served with breakfast sausage. 
• Baguette Omelet ~ farm fresh eggs, veggies and cheese baked into crusty baguette bread served with breakfast sausage and home fried potatoes. 
• Children's menu available.

MOTHER'S DAY 3-COURSE LUNCH - Seatings at 1 & 3 p.m. ~ $16.95
~ Something to Start ~ Choice of Entree ~ Something to Finish ~

• Tuscan Pasta ~ homemade angel hair and grilled chicken topped with a creamy Alfredo, sundried tomatoes and broccoli.
• Greek Platter ~ marinated, grilled chicken & pork kabobs atop Greek rice, served with Greek potatoes and tzatziki sauce.
• Steak Rolls ~ sautéed, julienned vegetables wrapped in flank steak and grilled, served on garlic mashed and topped with a balsamic glaze.
• Lobster Rolls ~ New England-style rolls stuffed w/Maine lobster, served w/homemade cole slaw and hushpuppies.
• Children's menu available.

MOTHER'S DAY 3-COURSE DINNER - Seatings at 4 & 6 p.m. ~ $19.95
~ Something to Start ~ Choice of Entree ~ Something to Finish ~

• Stuffed Pork Tenderloin ~ butterflied pork stuffed with spinach, apples and wrapped in prosciutto, served w/garlic mashed and seasonal vegetable.
• Chicken French ~ boneless, skinless breast dipped in egg and cheese, sautéed in garlic, white wine & lemon served on angel hair pasta w/artichokes.
• Italian Trio ~ homemade lasagna, chicken parmesan and fresh made gnocchi w/our traditional red sauce.
• Surf and Turf ~ a juicy, thick, grilled strip steak and roasted jumbo shrimp served atop parmesan risotto.
• Children's menu available.

Click here to visit us online.

The Batavia High School Class of 2016 is sponsoring a Food Truck Rodeo from 11 a.m. to 2 p.m. this Saturday at the high school. Participating vendors include Papa Gig's Gourmet Italian, The Brunch Box, Bento Box Asian Cuisine and Smoothies Plus. There will be live music and entertainment for children. Proceeds benefit the Class of 2016.

In the photo: Simran Rathod, Noah Dobbertin, Alexis Vasciannie and Ross Chua.

Press release:

The City of Batavia was awarded a $200,000 grant to foster the development of new and expanding small businesses that will improve the community. Per Federal grantor requirements, the City has coordinated capacity-building training in order to make grants available to entrepreneur participants and those willing to promote employment opportunities for persons of low-moderate income families.

“Knowing we have market opportunities, this grant enables the City to coordinate instructional training to help people develop their business ideas and learn what it takes to be successful from veteran business owners,” said City Manager Jason Molino. “The classroom interactions will supplement the existing services already provided by the Chamber, Small Business Development Center and SCORE.”

To meet national program objectives, the City of Batavia partnered with the BEST Center at Genesee Community College and the Batavia Development Corporation (BDC) to offer a three-part “Owning Your Own Business” series designed to inspire creativity, fine-tune skills, and find where passion and work intersect. At the end, new and expanding businesses in the City having fewer than five employees may be eligible to access grants up to $15,000.

The initial program started April 22nd as a series of one-hour sessions where participants assessed their personal readiness to own and operate a new business and explored business opportunities. The final Part I session is next week, "The Sniff Test: assessing your business idea!" In the class setting, participants will pinpoint a target audience, evaluate the idea, navigate the competitive landscape and determine next steps.

The final Part I series is Wednesday, May 13, from noon -1 p.m. in the second floor community room at Batavia City Hall. Pre-register for $5 online at http://www.genesee.edu/best/ or pay $10 at the door. Light refreshments available.

Get Underway -- Small Business Ownership Part II begins Wednesday, May 27th . This weekly evening session goes beyond the basics to help participants fully develop a business concept and transition into becoming a business manager.

These five weekly Wednesday evening sessions are mandatory if participants want to access grant resources available through the City of Batavia Microenterprise Grant Program. The sessions run from 6 to 9 p.m. in Room T121 of the Conable Technology Building on GCC’s Batavia campus.

They include:

• May 27
• June 3
• June 10
• June 17
• June 24

-- Trials, tribulations & skills of a successful business leader Marketing strategies to increase sales;

-- Using financial information to guide my business Learning to “manage” a business;

-- Business plan presentation and networking costs $125 and students will receive a certificate upon successful completion.

The five-week course registration is also available online at http://www.genesee.edu/best/.

The City has offered small business loans and grants for over a decade resulting in more than $5,000,000 public-private investments. The $200,000 grant and the Small Business Ownership series is funded by the New York State Office of Community Renewal Community Development Block Grant.

Sponsorship space available. For applications and information, contact Laurie Oltramari at 585-344-0900. Click here to purchase your tickets today or visit Angotti Beverages at 61 Jackson Street in Batavia!

An unknown-type fire is reported near a residence at 4596 East Road. Town of Batavia Fire Department is responding. The location is between Creek and Putnam roads.

UPDATE 8:38 p.m.: The fire is out. The East Road assignment is in service.

Press release:

Stephen M. Hawley, chairman of the Town of Batavia Republican Committee, announced the endorsed candidates for the upcoming 2015 Election:

Legislator, District No. 4, Towns of Batavia and Stafford --  Andrew Young

Batavia Town Justice --  Michael Cleveland

Batavia Town Council --  Chad Zambito and Sharon White

The Committee currently has three vacancies. Anyone wishing to serve their community in this capacity should send a letter to the Chairman, Steve Hawley at P.O. Box 1733, Batavia, NY  14021. This is a good opportunity to learn more about your Town and be part of the election process.

Letters of interest to serve as Election Inspectors at the upcoming election will also be accepted by Chairman Hawley.

The Annual Town of Batavia Republican Picnic at the Kiwanis/Town Park will be held on Friday June 12th at 5 p.m. till dark. All residents are invited to join us, meet the candidates and start the summer season off with hot dogs, salads, beans and desserts at the park. Tickets at $10 per person are available from all Town Committee people or by calling Kathy at 762-8239.

The Committee is also seeking nominations for our annual “Community Service Award,” which is presented at the Picnic. You can obtain a nomination form from Teressa Morasco, town clerk. Nominations are accepted from Town residents who would like to recognize someone who exemplifies service to the Town and people of our community.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider a project from Depew, Lancaster & Western Railroad at its May 7 board meeting.

Depew, Lancaster & Western Railroad is planning to purchase additional equipment to include one specialized forklift and two track vehicles for servicing truck and rail service at the transload warehouse facility in the City of Batavia. The projected capital investment is approximately $118,000. The company has applied to the GCEDC for a sales tax exemption of $9,512.

The GCEDC Board meeting will take place at 4 p.m. and is open to the public. Meetings are held at the Innovation Zone Conference Room at MedTech Centre -- 99 MedTech Drive, Batavia, on the first floor, across from Genesee Community College.

A three-vehicle accident, unknown injuries, blocking traffic, is reported at 4028 Main St. Road in front of Dickinson's Auto Services. Town of Batavia fire and Mercy medics are responding.

UPDATE 4:50 p.m.: Town chief on scene says crews will need brooms and some "floor dry."

UPDATE 5:10 p.m.: Howard at the scene says he was told that a car went to make a left-hand turn; the vehicle behind it stopped to accommodate that, but the third vehicle rear-ended the second vehicle, which, in turn, rear-ended the first vehicle that had attempted to make the turn. No injuries. Scene is now clear. Assignment back in service.