batavia

By the end of the month, 14 Jackson Square -- an address that never existed until recently -- will come to life in a new, and reinvented way.

The former Carr's Department Store Warehouse will contain three two-bedroom apartments (a fourth should be ready by the end of June) and a downstairs office space.

Paul Thompson and his partners will have invested more than $500,000 in the project, with the help of a state grant of $115,000, to convert the three-story structure into a mixed-use space.

The project fits a few of the city's goals to reinvigorate Downtown, said City Manager Jason Molino. It creates more residential space Downtown, more new office space and it converts a building that was doing nothing for the city into something vibrant.

"It takes a building that was always a warehouse and turns it into a useful and meaningful space Downtown," Molino said.

Thompson said his Byron-based company was interested in the project because they have some experience in redeveloping mixed-use spaces. It was a way to provide employment for his workers during the winter, and based on his experience with rental properties in the city, there's a strong demand for apartments designed to appeal to young professionals.

Study after study shows, young professionals want to live in environments where nightlife and shopping are in walking distance and there's a sense of urban life to the neighborhood (related story from USAToday).

This project brings the total of new apartments Downtown to nine, said Julie Pacette, coordinator for the Batavia Development Corp. All of the previous apartments rented to young professionals within days of becoming available.

By assisting Thompson and his partners, Pacette said, a property that was off the tax roles for a few years is now in private, property-tax-paying hands.

Thompson said the project has helped him expand his company. His staff of 14 is now a staff of 20, though not all of the new hires are directly related to this project.

Related: For those interested in new urbanism, the Congress for New Urbanism meets in Buffalo, June 4 though 7.

Paul Thompson

While on a check-the-welfare call April 22, the handgun of a Batavia police officer discharged unexpectedly, Chief Shawn Heubusch confirmed today.

The accidental discharged is being investigated, but the good news, the chief said, is nobody was hurt.

Officers responded to a check-the-welfare call in the Grandview Terrace complex and the chief said the officers were either concerned the person they were checking on was in danger or could be a danger to others.

An officer for this reason drew his or her weapon and when the officer went to return his weapon to its holster, the Glock .40 caliber fired.

The investigation so far has not ruled out a mistaken discharge or a gun malfunction. What has been ruled out is defect with the holster.

Heubusch confirmed that buttons on the sides of officers' jackets have been known to catch on the triggers of guns, but the officer in this case was not wearing a jacket and the officer had on no other clothing that might have caught on the trigger.

The officer's name is not being released. Outside of acknowledging that the incident took place, the case is being handled as a personnel matter, which requires confidentiality for the officer involved.

This is the first accidental discharge of a weapon in the department since Heubusch became chief and he said in "just asking the guys" nobody can remember a similar prior incident.

Asked if the officers were surprised when the weapon fired, he said the officers remained calm and in control. 

"They maintained their composure," Heubusch said. "If you think about their training, they're trained to maintain their composure in an actual live fire situation. They're trained to stick with the mission until the mission is accomplished and they did a great job of ensuring the scene was secured.

"Again," he added, "we're lucky nobody was injured and the floor suffered minimal damage."

Unless you're a serious local history buff, the name Miss Mary Elizabeth Wood may be unfamiliar.

In China, however, especially among those who appreciate the country's public library system, Miss Wood is revered.

Her fame has brought a Chinese film crew to Batavia this week as part of their effort to create a documentary chronicling the life of the "Queen of Modern Libraries in China."

Born in Elba in 1861, Wood became the first librarian of the Richmond Memorial Library in 1889, a position she held for 10 years. The only daughter of Edward Farmer Wood and Mary Jane (Humphrey) Wood, who had seven boys, Miss Wood took a trip to China to visit her youngest brother Robert in 1899.

On that trip, she learned there was no public education system and residents had little access to all the wisdom contained in the world's books, even ones in their own language.

Wood decided to stay in Wuchang, where she eventually made 3,000 books available for borrowing at the building known as the Octagonal Pavilion.

Soon, she traveled back to the U.S. for a year of study, her first actual courses in library science, having gotten as far as she did before then on her strength as "a great reader."

While on the trip, she raised funds and secured book donations that enabled her to open in 1910 the Boone Library in Wuchang.

By the 1920s, Wood was lobbying Congress for funds to advance library science in China and through the grants received and with the help of two of her Chinese prodigies, Wood established the first school for library science in China.

Following her death of an illness in China in 1931, her body was returned to Batavia and she is buried in the Batavia Cemetery.

These pictures were taken while the film crew prepared to interview Kathy Facer, Richmond's reference and technology librarian.

Here's the Wikipedia entry on Mary Elizabeth Wood, which contains greater detail on her life and work.

Cheng Huanwen, professor and university librarian, School of Information Management, Sun Yat-sen University, Guangzhou, Guangdong, China.

Teshawn Lang-Smith Jordon Thomas

UPDATE, Wednesday: Lang-Smith has been located.

Batavia PD is looking for the public's help in locating two teens who are reported runaways.

Teshawn A. Lang-Smith, 17, is a black male, 5' 5" tall and 120 pounds with black hair and brown eyes. He was last seen wearing shorts and a light colored, long-sleeved sweater. He has a tattoo of an anchor on his right forearm and a tattoo on his torso that reads "Family First." Teshawn is believed to be in the local area.

Jordon S. Thomas, 16, is a black male, 5' 7", 140 pounds, brown eyes and black hair. He was last seen at 5 p.m. yesterday. He is believed to be in the local area.

If you can assist in locating either of these individuals, contact Batavia PD by calling (585) 345-6350.

Jennifer Lynn Mohr, 41, of Manhattan Avenue, Batavia, is charged with criminal possession of a controlled substance. Mohr was arrested at the Genesee County Courts facility for allegedly possessing a controlled substance for which she lacked a prescription.

Michael R. Mullen, 50, of Oakfield, is charged with: driving while ability impaired by a combination of drugs and alcohol; driving while ability impaired by a drug; consumption of alcohol in a motor vehicle; unlawful possession of marijuana; inadequate exhaust; insufficient signal; and failure to keep right. Mullen was stopped at 2:39 a.m. Sunday on Route 20A, Village of Warsaw, by Deputy Aaron Chase.

Todd Lester Fairbanks, 32, of Raymond Avenue, Batavia, was arrested on a Family Court warrant. The underlying charge of the warrant was not specified.

Christopher A. Bucci, 34, of Batavia, is charged with second-degree rape (actor with person less than 18 years old), sexual abuse, 3rd, and acting in a manner injurerous to a child. Bucci was arrested by State Police in connection with an alleged incident reported Feb. 3 in the Town of Clarendon. No further details released.

Jacob R. Lavrincik, 25, of Batavia, is charged with petit larceny. Lavrincik was arrested by State Police for an alleged petit larceny at a location on Veterans Memorial Drive. No further details released.

City officials would love to see the Della Penna property on Ellicott Street cleaned up and turned into something useful, but with aging buildings and environmental issues, the property could sit dormant for many more years.

A $266,000 state grant could help resolve the future of the Della Penna property along with at least four other "brownfield" sites within the 366-acre core downtown area.

A brownfield site is vacant or underutilized land that was once developed and productive but has fallen into disuse because the property has unresolved contamination issues.

The city has created a Batavia Opportunity Area plan to help deal with these types of properties. City Council members learned more about the plan, 18 months in the making, on Monday night.

"Getting the city’s BOA plan certified will give additional tax credits for remediation and redevelopment of certain sites in the brownfield opportunity area,” City Manager Jason Molino said. “This is important and obviously we want to encourage redevelopment and remediation. There’s five strategic sites, all of them in the 366-acre downtown core area. Having those sites redeveloped would be very important for the city’s revitalization of Downtown.”

The plan is in its final draft stage. Once the council votes to accept the plan at a future meeting, the city can begin implementation.

With a certified plan in place, property is eligible for grants to developers who would clean up contamination and enable further tax credits for redevelopment of the site.

There will be a public hearing on the plan at the end of May.

There are confirmed environmental issues with the Della Penna property, the council was told. The council will be asked to pass a resolution authorizing an interim foreclosure on the property. Ownership would then pass to the Batavia Development Corporation and eventually then to a commercial developer.

The steps are necessary to apply to the state for the a brownfield clean-up grant. With environmental problems resolved, the property should be more attractive to a potential developer.

“I would not call it shovel-ready," Molino said. "It’s development-ready. Because there’s an unknown element taken out of the equation. If this property is accepted into the BCP Program, if remediated and developed, the developers are now eligible for tax credits for doing so. It adds a marketability to the site."

Crews under the supervision of Derrick Monument put in place today a total of 21 tons of polished black granite from India to serve as the new Genesee County memorial to the men and women who gave their lives in service to their country.

The dedication ceremony will be at 11 a.m., May 17, corner of Washington and Bank, Batavia.

The construction of the monument today caps a years-long effort by local veterans to replace the memorial that was displaced when UMMC added on its surgical wing.

"I don't even know if I can put it into words," said local veteran leader Jim Neider when asked what it was like to watch the monument being put in place. "We've been working on it for four and half years. We've been collecting donations for four years. It's the culmination of all those donations and all that hard work. To me, it's like Christmas."

The actual monument costs $125,000. With lighting and landscaping and other expenses, there are more expenses, but a total of $150,000 was raised for the project.

The monument contains the names of local U.S. service members who died during World War I, World War II, Korea and Vietnam.

The name plates from the old memorial are buried in a spot in front of the monument, marked by tiles that donors were able to purchase and have engraved with their own message.

Local veterans designed the monument and Derrick Monument helped complete the design and plan the construction. While the granite came from India, all of the diamond-tipped engraving was done in Vermont.

Last Saturday, crews poured 56,000 pounds of concrete to create the monument's base.

Max Rapone and Alex Rood passed by the monument on their way home from school this afternoon and stopped to take a closer look. Asked what they thought, Max gave it a thumbs up and said "awesome."

Neider and Dave Carlsen, president of Derrick Monument, agreed it's a beautiful piece of work.

Carlsen praised the work of his design staff, Jackie Earhardt and Ryan McClurg.

"Hats off to the committee for such a nice selection," Carlsen said. "We're certainly proud to be a part of it."

Top photo: Wayne Devoid, Jim Neider, Dave Carlsen, Rick Devoid, and Cassie Carlsen.

Mitchell Freeman

A Batavia man has been charged with felony assault in Geneseo after a victim reportedly required 40 stiches following a fight on Bank Street in the Livingston County village.

Mitchell Freeman, 25, was arrested in Batavia.

The alleged victim was hospitalized as a result of the incident, according to Geneseo PD.

Freeman was jailed on $10,000 cash bail or $20,000 bond.

(Via the Genesee Sun)

The grave marker is of a young girl on her knees hands clasped in prayer.

Elmwood Cemetery caretaker Steve Davis has been on the job for 20 years and the little headstone always reminded him of his daughter.

"My daughter, when she was little, always made a pose like that when she wanted something," Davis said. "Every time I go past that statue, if I'm trimming or working in the area, I always think of my daughter. When I came in and saw (it knocked down), it broke my heart."

The girl's praying headstone along with 28 others were knocked over by vandals sometime over the weekend.

It's the second time this month -- the first being around April 7 -- that vandals have rampaged through the cemetery knocking down headstones.

Det. Rich Schauf said the vandalism certainly has the attention of Batavia PD and patrols will be stepped up in the area.

"This is an intolerable crime," Schauf said. "Any criminal mischief isn't tolerable, but this is intolerable because of the lack of respect for the deceased. This isn't just about the police being upset. It should offend anybody with any common sense."

There's quite a bit the public can do to assist the police, Schauf said.

First, if young people are involved, they'll talk. They may even post pictures to social media.

"There's an old saying," Schauf said. "If three people know a secret, the only way it stays a secret is if two of them die."

The police would welcome any tips about pictures posted on Facebook or Twitter or Instagram or if anybody hears anything related to the crime; tipsters should call Batavia PD.

Second, if you're out and about at 10 or 11 at night, or 2 or 3 in the morning, take a drive down Harvester or Buell.  Normally, Schauf said he wouldn't recommend calling the police just because a group of youths are out, but in this case, if they're in that area, call the police.

"Normally, just because three people are out walking doesn't mean they're going to do damage to a cemetery, but if there's anybody in the area, we're going to want to know about it," Schuaf said. "Nobody is going to say, 'I'm not going to that.' We're hypersensitive about it right now and we're going to respond."

Whatever you do, Schauf said, don't go into the cemetery. It's closed after dark, so not only would you be trespassing, you would make yourself a suspect, and if the real suspects were ever arrested, part of their defense could then be that this other person was in the cemetery as well.

Batavia PD is budgeted for a new mobile surveillance camera in 2014 specifically to deal with troubled crime areas, but Det. Kevin Czora said it will be months before the department makes the purchase.

Davis said he might bring up with the board of directors at its next meeting the idea of the cemetery investing in its own camera system. There isn't much money for such a purchase, however.

He said he has spoken with kids who come around the cemetery about helping protect the cemetery.

"When I come by after supper, there's a ton of kids here riding their bikes or whatever and I try to befriend them only because this is their cemetery along with everybody else's and I ask them to keep an eye on it," Davis said. "I don't know what the answer is -- not let people in here anymore? You can't do that. How do you keep the bad ones out? I try to tell them keep an eye out. Let me know if something is going on."

Officer Jason Davis, who took the report on this weekend's vandalism, said patrols are certainly aware of the need to increase their presence in the area, especially at night and on weekends, but it's difficult to catch the vandals in the act.

"Obviously, it's dark inside the cemetery so it's very difficult for us see in there without driving in there and when a patrol car drives in there, usually people can duck in between the shadows and it's difficult for us to see them," Officer Davis said.

The cemetery can apply to the state for compensation for grave-marker repair, but it's a long process to get the funds. The total damage at this point exceeds $1,000.

Volunteers can't be used to help repair the damage, Davis said, because of possible liability. If somebody hurt their back lifting a stone, he wouldn't want to see the cemetery sued.

This weekend's damage forms almost a straight line from the front entrance on Harvester to a hole in the fence near Buell Street.

"They use bolt cutters or something to cut the hole," Davis said. "We fixed it the first time a long time ago, but as many times as I can fix it, they break it."

Because the aggregate damage of each of the two recent incidents exceeds more than $250 each, the vandals are facing possible felony charges for tampering with a cemetery, Officer Davis said. And each headstone knocked over constitutes its own misdemeanor criminal tampering charge.

Cemetery vandalism is a decades-old problem, Davis acknowledged. Elmwood records in the 1920s and '30s record acts of vandalism, but this latest round certainly has Davis feeling weary.

"It's going to be a long summer," Davis said. "It never starts this early. Usually it's in the summertime when the kids are out of school and this year it started early, and I've never had it so close together, so I'm just afraid of what's going to happen this summer."

Davis has had a rough month. Last week his shop on Buell Street was hit by burglars. They stole more than $3,000 in tools.

David J. Swartz, 53, of Washington Avenue, Batavia, is charged with third-degree assault following a disturbance on April 24 outside a bar on Harvester Avenue. It is alleged that Swartz intentionally struck a subject in the face during an altercation, recklessly causing physical injury. He was issued an appearance ticket and is to return to City Court on May 6. The incident was investigated by officer Devon Pahuta, assisted by officer Marc Lawrence.

A 16-year-old from Caledonia is charged with harassment and criminal obstruction of breathing following an incident on March 25 on East Avenue, Batavia. The charges were incurred due to an alleged altercation with her mother. The teen was jailed with bail set at $1,000. She was to appear in court April 25. The incident was investigated by officer Stephen Cronmiller, assisted by officer Christopher Camp.

Kim M. Mobley, 51, of Watson Street, Batavia, is charged with petit larceny following an investigation of a shoplifting incident at occurred on April 19 at a grocery store on Ellicott Street. Mobley allegedly entered the store, took several items and then left without paying for them. Mobley was issued an appearance ticket and is to appear in City Court on May 6. The incident was investigated by officer Chad Richards, assisted by officer Jamie Givens.

Adam R. Clark, 23, of South Main Street, Batavia, is charged with unnecessary noise-excessive noise, following an incident with occurred on April 20 on South Main Street. Clark was arrested following an investigation of a complaint of loud music. He was issued an appearance ticket and is to return to City Court on Tuesday. The incident was investigated by officer Stephen Cronmiller.

City fire is on scene at 116 Harvester Ave. for the smell of smoke in the residence.

A commander reports smoke in the residence and firefighters are investigating.

UPDATE 7:34 a.m.: The smoke has been traced to a burned-out motor in the refrigerator.

UPDATE 7:48 a.m.: City fire back in service.

Officer Jamie Givens collects a drop-off from a local resident during drug drop-off day at Batavia PD.

Officers filled 13 boxes (about 4-feet tall, 18x18 inches square) and nine buckets of sharps.

The drugs are turned to the DEA for safe destruction.

There were also drug drop-off events today in Pembroke and Corfu.

Heavy smoke is reportedly spewing from a third-floor apartment inside Washington 400 Towers on East Main Street. City firefighters are on scene after dispatch received information that multiple alarms were sounding in the building. Firefighters are "packing up and heading in."

UPDATE 3:48 p.m.: This was a stove fire. Commands reports it is out and they are ventilating.

UPDATE 4:07 p.m.: Now ventilating the fourth and fifth floors and will be remaining on scene for "quite awhile."

UPDATE 4:38 p.m.: Ventilation was completed about 15 minutes ago. Command says one unit is picking up to leave and the other will be remaining to do some investigation.

Story and photos by Sloan Martin, WBTA.

At 67 years old, Cherry Pease is now Cherry Farr.

She and 78-year-old Edmund “Sonny," who met as Washington Towers residents, got married Friday afternoon on the same Care-a-Van bus they got engaged on.

Cherry said a few days before her wedding that this is a second-chance for her; a way to have the wedding – and marriage – she’s always wanted.

“I think things will be different this time because my last marriage, to be honest, I married for money that he didn’t have,” she said. “This time I am marrying for love, so I think it’s really going to be wonderful.”

Surrounded by close family members, about 15 people wearing pink carnation boutonnieres witnessed the union of Cherry and Edmond.

Cherry tells the story of their first meeting like a college student who doesn’t have a car on campus yet would. A couple of years ago, she started to give him rides to Wal-Mart and Tops so Sonny wouldn’t have to walk so far in the winter.

“I asked him if he wanted a ride because no one else would ask him in the building. And we went. And that’s apparently when he said he fell in love with me, with my eyes,” she described. “But I asked him later on, maybe a couple months later if he wanted to come up and play (the gaming system) Wii. He runs up the three flights of stairs – that’s how quickly he wanted to get up to play Wii (with me).”

Both are widows. Sonny’s late wife passed away in August of 2012, Cherry says, and Cherry’s late husband died in September of last year.

In November, Sonny proposed.

That was after the couple had gotten involved with the Care-a-Van Ministries. Founder and Director Paul Ohlson runs the local public outreach initiative to share the Gospel and was there for the engagement.

“It was a cold morning and he walked out to the jewelry store and picked up the ring,” Ohlson said. “He brought it onto the bus and knelt down and asked if she would marry him and of course she said ‘Yes.’ ”

“We couldn’t afford a very expensive ring,” Cherry said. “It’s sterling silver which doesn’t bother me at all, but it’s blue diamonds and that’s one of my favorites and he’s got blue eyes so they kind of match.”

Cherry says Care-a-Van Ministries has been a “good foundation for our lives.” They spent many weekends volunteering together which is why they decided to get married on the bus itself.

The bus is cozy and inviting. White tulle and potted plants with fresh flowers hang from the silver overhead poles which hands once grasped for balance in the bus’s former life. Seats with tables in between line the bus. Each table has a Bible, creamer and candies in a pretty dish for the Care-a-Van’s outreach coffee and movie sessions.

Guests crammed in for the intimate session. Sonny’s grandson, Jordan Farr, read aloud from 1 Corinthians 13: 4-8 between wiping away tears. Pastor Tim Young was the officiant. Sonny, who was peppy and spunky posing for cameras prior to the ceremony, was tender and reserved, almost nervous. They did not recite their own vows, but exchanged rings and kissed twice -- to make sure they did it right.

Ohlson says weddings on the bus don’t ever happen. It was because Cherry and Sonny were so devoted to both the ministry and each other that he was supportive of the wedding venue.

“Everybody needs somebody,” he said. “Edmund, he’s getting up there in age and he knows it and he jokes about it, he’s good with it. He just doesn’t want to be alone. Just to be able to connect and encourage someone to follow through with the dream that they had but also bringing in Biblical principles to their relationship and encouraging them to put the Lord first.

“Even this late in life they can make it work and they can be happy.”

After the ceremony they celebrated with a Chinese buffet for the whole party. It was almost like when they first met, transporting around Batavia. Only this time they were married and it was their special Care-a-Van bus that shuttled them.

Story and photos by Dan Fischer, WBTA.

The Batavia Business Improvement District (BID) honored two local businesses on Friday with its “Spirit of Downtown Business Award.”

The new business Spirit award was given to The YNGodess Shop. Proprietor Christine Crocker received the award with her son, Ben, at her side.

Accepting the Spirit award for the Established Business of the Year was Gregory Gluck, proprietor of Alberty Drugs.

Also recognized for their volunteer efforts on behalf of the BID were Steve Coraci and Beth Kemp.

The BID was created in 1997 creating a core group of Downtown property owners and city officials to organize a formal Downtown management association. Today, the BID is comprised of 143 properties that pay a total annual assessment of $120,000 and the City of Batavia’s contribution (for capital projects) is $41,300 to fund the organization.

The BID will meet on Tuesday to elect a new slate of officers.

It's been a long time coming, but a spokesperson for the McDonald's Corp. has confirmed the fast-food chain will indeed open a second location in Batavia on East Main Street.

A developer received the necessary permits and approvals months ago, but then -- nothing. Even city officials didn't know if the project was still going through.

“Construction should begin this summer and Batavians can look forward to a brand new McDonald’s restaurant before the end of the year,” Vice President of Public Relations Kerry B. Ford said.

The project developer, TY Lin International, obtained a lease from the property owner, Eastown Plaza Associates, in November 2012 and according to City Manager Jason Molino, a building permit was issued last September.

“Permits are good for one year, but may be extended or a new permit could be applied for after expiration,” Molino said.

In response to questions about delays, Ford cited the magnitude of the project.

“As you can imagine, a project of this scale requires a great deal of careful planning and that planning takes time,” Ford said. “McDonald's is thrilled to raise a new set of Golden Arches in Batavia.”

According to the February 2013 application to the city’s Planning and Development Committee and Zoning Board of Appeals, Ty Lin International proposed constructing a 3,911-square-foot site in the current parking lot of Eastown Plaza. The project area is about .78 acres and is zoned for commercial use. The site would include two drive-thru lanes and raised islands, a shed, a dumpster, along with asphalt parking, landscaping, lighting and signage.

City fire is responding to a reported stove fire at 511 Ellicott St., right-side apartment.

UPDATE 7:07 p.m.: No fire at this time, just a smoldering pot on the stove. Ventilating. Now Mercy medics are called for a person suffering from smoke inhalation.

UPDATE 7:26 p.m.: Fire command says that are still ventilating and will be there for some time. The source was deemed to be an electrical problem with the stove. Medics are evaluating the patient.

UPDATE 7:30 p.m.: The patient is being transported to UMMC.

UPDATE 7:39 p.m.: Firefighters killed power to the stove then removed it from the apartment. The assignment is back in service.