Press release:

The City of Batavia Fire Department is reminding everyone to change their clocks and change their smoke alarm batteries.

Daylight Savings Time ends this Saturday, Nov. 5th at 2 a.m.

“When you turn your clocks back one hour, it’s a great time to make sure your smoke alarms are working properly and to change the batteries,” said Chief Stefano Napolitano, City of Batavia fire chief.

“Plus with winter quickly approaching and most everyone turning their heating systems on, it also makes this an ideal time to make sure your heating system is working properly. This is a great opportunity to check your carbon monoxide detectors as well.”

According to the National Fire Protection Association, 71 percent of smoke alarms which failed to operate had missing, disconnected or dead batteries.

Fire Prevention Officer for the City of Batavia Fire Department, Lieutenant Greg Ireland, knows how this simple but important task can be overlooked.

“As parents, we’ve got a lot on our minds -- jobs, busy schedules, mealtime; so it’s easy to let home fire safety slip from our radars. You never think a fire will strike your home, but it certainly could and it’s important to take as many proactive steps as we can to protect our families.”

The City of Batavia Fire Department would like to see every home in our community equipped with a working smoke detector. If you do not have a smoke detector or if you are unsure the batteries are working properly, members of the City of Batavia Fire Department will come to your home and ensure that you have a working smoke detector, absolutely free of charge.

Call (585) 345-6375 to set up an in-home appointment.

“The message is simple,” Chief Napolitano said. “Change your clock, change your batteries. Using that extra hour is a perfect time to do it.”

Press release:

Byron-Bergen Jr./Sr. High School seventh-grader Zoey Shepard surpassed the competition and was named Grand Prize winner in Genesee County’s annual STOP-DWI Poster Contest. Her sister, eighth-grader Grace Shepard, took First Place in the category for grades 6-8, and classmate Kendall Phillips won Third Place honors in that same group.

All three designers will be recognized at the STOP-DWI Awards Luncheon on Nov. 28 at Terry Hills Restaurant and Banquet Facility in Batavia.

The contest is sponsored by the county’s STOP-DWI Advisory Board. This year’s theme was “You can hand over your keys or your life. Make the right choice.”

Zoey Shepard’s Grand-Prize-winning poster design will be applied to T-shirts and a prominent county billboard to help raise awareness for the dangers of drinking and driving.

When the competition was announced in September, Grace Shepard, a 2016 STOP-DWI contest winner, enthusiastically promoted it to the other girls. All three designed their entries on their own time, outside of class. Art teacher Sandy Auer worked with them, guiding their discussions about what makes a great design.

“They were very serious about creating good compositions with compelling imagery and readability,” Auer said. “All three have a passion for art that is awesome to see. I really enjoy teaching them.”

Photo: Byron-Bergen Jr./Sr. High School’s STOP-DWI award-winners (l-r) Kendall Phillips, Grace Shepard and Zoey Shepard.

Various photos taken around Batavia while trick-or-treaters enjoyed this cloudy but cool evening after a full day of rainy weather. Pictured above is Otis Street. Below, more photos from around the city.

Naramore Drive 

Union Street 

Bennett Heights

Ellicott Avenue

East Avenue

North Street

A week ago, a man walking to his car in a parking lot off of East Main Street, was either splashed or sprayed with some sort of fluid by three youths riding BMX-style bicycles.

Police are investigating but have little information to share at this time.

Police were dispatched to the parking lot the night of Oct. 24 to investigate a report that a man had been sprayed with gasoline.

At Monday night's City Council meeting, during public comments, Bill Blackshear, while talking about the city's need to address some youthful misbehavior and find ways to bring the community together, referenced the incident and said the victim suffered second-degree burns.

Det. Eric Hill, Batavia PD, couldn't confirm whether the man was injured or what sort of fluid might have been involved.

"We are having difficulties getting in touch with the victim," Hill said. "That is the information we are trying to find out also."

There is another video obtained by The Batavian related to the incident that shows the youths involved more clearly so its possible the police could have identified them, but Hill said he wouldn't discuss that aspect of the case since it is an ongoing investigation (the youths appear to be under 16 years of age, so since this case is likely to be referred to Family Court if there are charges, and since there have been no charges, The Batavian has chosen not to publish that video clip at this time).

Anybody with information that may assist in the investigation may call Batavia PD at (585) 345-6350 or the Confidential Tip Line at (585) 345-6370.

James J. Allen, head of the Amherst Industrial Development Agency for 37 years and husband of a Batavia native, died today at the age of 68 in his East Amherst home.

Allen was married to the former Linda Viele, who was born and grew up in Batavia, for 48 years. They met as a result of their involvement in the St. Joe’s Drum Corps as teenagers.

According to a story in The Buffalo News, Allen had suffered from congestive heart failure in recent years, but his death came suddenly. He retired from his IDA post in April 2016.

Allen is credited by many of his colleagues for putting Amherst “on the map” in terms of economic development.

Since 1979 when Allen took over as IDA chief, per a report cited in The Buffalo News account, the agency granted tax incentives to 370 companies – actions that helped increase the town’s tax base by around $570 million, while creating 25,600 that paid, on average, nearly 50 percent more than the typical job in the region.

Allen served as president of the Genesee County Chamber of Commerce for six years in the mid-1970s before accepting the Amherst IDA position.

Along with his wife, he is survived by two daughters, Lindsay Allen and Jamie Allen-Powers; son, Michael; brothers, Tom and Donny; and sisters, Karen McCoy and Nancy Fiorino.

Funeral arrangements have yet to be announced.

From Oliver's Candies

(Please Note: We're closing submissions for the day. This is it.)

Jayden Burns, 10 months old 

Hendrix the octopus, 1 year old

Staff at New York School for the Blind

Nick Grasso, Tompkins Insurance, as "Rocket Man."

Wilmont Cancer Center

Stan's Harley Davidson

Premier Genesee Nursing Home held a birthday party today for two residents who turned 100 years old in October.

Assemblyman Steve Hawley was on hand for the birthday party for Mary Meleca, born Oct. 22, 1917, in Batavia, and Eleanore Bialkowski, born Oct. 1, 1917, in Poland.

Meleca grew up in Batavia, met her husband, Frank, on Main Street, where he was a local barber. He died young and she never remarried and they didn't have any kids. "No luck," she said. She likes sitting outside to enjoy the day as well as bingo and music. Her past hobby was cooking for her husband.

Bialkowski moved to the United States with her family when she was a child. She married Robert Bialkowski and they had two children, a son and a daughter. She's been married twice and widowed twice. She was raised Catholic and the church is still an important part of her daily life. 

After all the well wishes and a chorus of "Happy Birthday" led by Hawley, birthday cake was served.

A 39-year-old former Alabama resident pled guilty to one felony and one misdemeanor this afternoon in Genesee County Court in connection with complaints about construction work paid for but not completed.

Dana Ryan, who used to live on Galloway Road but now lives on Pratt Road in Batavia, was originally charged with one count of fourth degree grand larceny in the Town of Batavia, and one in the Town of Pembroke; a misdemeanor charge of misappropriation of property is pending in Town of Batavia Court.

Under the terms agreed to today, he waived the specter of a grand jury indictment and pled guilty to a single count of grand larceny, 4th, and the pending misdemeanor property misappropriation charge.

The charges against Ryan, who completed the 11th grade, were brought in July after an investigation by the Genesee County Sheriff's Office following a complaint in Batavia and another in Pembroke. The victims told Investigator J.M. Graff, who was assisted by Deputy K.M. McCarthy, that they made payments to Ryan pursuant to construction contracts for work agreed upon but not completed.

They claimed payments made to Ryan for home-improvement contracts were not allocated into a proper account and the funds were used by the defendant for purposes other than the agreed upon work.

The Batavia native with close-cropped blond hair and a thin build, wore a black hoodie advertising a tree service company and gray jeans to court. Judge Charles Zambito asked Ryan if between Sept. 18, 2016 and May 15 he stole property in excess of $1,000 and Ryan said "Yes."

He faces maximum jail time of one-and-a-third to four years and agreed to pay total restitution of just under an estimated $9,000 to two victims -- one male and one female, who are under temporary orders of protection from Ryan until Oct. 31, 2018.

Zambito told Ryan that if he does not follow the rules, or make court appearances, or is uncooperative with the Probation Department, then he will be in trouble. Ryan can't get arrested or violate any conditions he is required to abide by, otherwise the terms of sentencing under the plea agreement are null and void; although the guilty plea would remain, the judge could impose a harsher sentence.

Genesee Justice has already notified the judge of some violations, one on Oct. 17 and another one before that, plus three assessment appointments were missed at Horizon Health Services.

Public Defender Jerry Ader told Zambito that the issue with Horizon was they had the incorrect client phone number, but that has been corrected and Ryan has an appointment with them on Monday.

"If I get one more notice I will revoke your supervision (under Genesee Justice pending sentencing) and you will go to jail (now)."

Ryan said he understood.

Sentencing is set for 2:30 p.m. on Wednesday, Jan. 3.

Batavia Players presents "Frankenstein: A New Musical" this weekend and next weekend at the Harverster 56 Theater in Batavia.

Performances are at 7:30 p.m., Friday and Saturday, and Nov. 10 and Nov. 11, and at 2 p.m. this Sunday only. Tickets are $15 per adult or $12 for students and seniors. 

The cast is Pat Burk, Richard Ferris, Cale Dehlinger, Erin Stamp, Liam Crawford, James Barcomb, Heather Ferris, Petyon Woeller, Derrick Crawford, Emily Crawford, Jocelyn Coburn, Norah Crawford, Steve Coburn, Kathryn Fitzpatrick, Kaylee Dehlinger, Jessie Pierce, Lucine Kauffman, Rose Bower, Isaiah Merrill, Samantha Rychlicki, A.T., and Gabriel Flanagan.

Batavia resident Laurie J. Lerkins (inset photo), jailed on drug charges, was in Genesee County Court for a bail hearing this afternoon.

The 40-year-old, who lives on Harvester Avenue, is accused of selling cocaine to an agent of the Local Drug Task Force within the past eight months. She is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Both are Class B felonies.

The District Attorney's Office sought bail of $25,000 to $50,000. Assistant DA Kevin Finnell told Judge Charles Zambito that Lerkins was "a significant flight risk."

The prosecution reminded the court that she was accused of the same charge of selling drugs 14 years ago. Finnell noted that the defendant scored only one point on her evaluation by the supervisory agency Genesee Justice, which the judge considers in making bail decisions.

Public defender Lisa M. Kroemer said her client would not be able to post bail and has only two relatives here, a brother Lerkin chooses not to communicate with, and a son.

Finnell argued that her ability to post bail was not relevant, nor was the fact that she has a small family.

The defendant's attorney relayed her client's vehement claim that she has always complied with court requirements and has always made mandatory court appearances and plans to continue doing so.

After a brief private discussion with attorneys for both sides, Zambito set Lerkins bail at $5,000 cash amd $10,000 bond.

The judge noted that Lerkins was not in a treatment program for substance abuse, which was a reason she did not score higher in the Genesee Justice report. Lerkin's attorney said her client has expressed a willingness to undergo treatment.

Zach Fuller presented plans to members of the County Legislature on Monday for a 55-unit apartment complex on East Main Street, Batavia, hoping to sway the Legislature to officially support it which will keep the project moving forward.

Fuller said 18 of the units will be designated as transitional housing for formerly homeless veterans.

Fuller is with Eagle Star, which operates a home in East Pembroke to assist homeless veterans. The program is aimed at helping veterans re-establish stable lives, providing assistance in obtaining veterans benefits, counseling, life coaching, and a supportive atmosphere.

The complex at 552, 554, and 556 E. Main St., will provide housing to veterans who are ready to move out of the East Pembroke home, or the one Eagle Star operates in Spencerport. Eagle Star works with the Veterans Administration to identify eligible veterans.

"Many of our veterans don't know they're eligible for Social Security, veterans benefits, or some benefits are not fully activated," Fuller said. "We try to make sure they are accessing everything that they are supposed to be and allowed to access."

The veterans program, which will include an on-site guidance counselor, is funded through a state grant.

The rest of the 55 units in the four-story complex will be designated for people earning under the median income for Batavia.

Fuller said the location is ideal for the community of people it will serve because it is a walkable neighborhood with essential amenities, such as a grocery store, pharmacy and public transportation nearby.

Further funding applications will be submitted to NYSHCR in December.

The property is already zoned for this sort of facility and the project has been approved by the city's planning committee.

Fuller hopes to begin construction in the fall with apartments move-in ready in early 2020.

A possible house fire is reported at 1749 Judge Road, Alabama.

The homeowner reports a fire in the wall.

Alabama fire along with East Pembroke dispatched.

UPDATE 1:26 p.m.: All units can respond non-emergency. Alabama command believes the fire is knocked down.

A 33-year-old man from Hilton accused of illegally possessing a semiautomatic .223-caliber rifle and large capacity magazine in violation of New York State law while in Byron in March entered a guilty plea this morning to a single felony count of criminal possession of a weapon, 3rd.

Under terms of the plea deal, if Charles S. Ganoung IV, avoids criminal legal trouble for the next year while on probation, his plea can be reduced to a misdemeanor, criminal possession of a weapon, 4th.

He would then serve two more years on probation.

Deputies arrested Ganoung March 25 while in the course of an unrelated investigation when Ganoung was found with rifle, which deputies said was unregistered and equipped with a telescoping stock, pistol grip, detachable high-capacity magazine, loaded with 28 live rounds, flash suppressor/muzzle break and a bayonet mount. 

The Army veteran admitted to the second count of the indictment, the one dealing with the large capacity magazine, in Genesee County Court this morning but made no other statements.

Sentencing is scheduled for Jan. 24.

Laurie J. Lerkins, 40, of Harvester Avenue, of Batavia, is accused of selling cocaine to an agent of the Local Drug Task Force within the past eight months. 

With the help of Batavia PD, she was located on Harvester Avenue and taken into custody.

She was jailed on charges of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Both are Class B felonies.

Deborah R. Blatt, 56, of East Main Street, Batavia, is charged with harassment, 2nd, and criminal trespass, 3rd. After refusing medical treatment in the emergency room of UMMC, Blatt allegedly sat down in the waiting area and refused to leave after being told by hospital staff to leave. Blatt allegedly pushed a responding officer.

Brian L. Erickson, 52, of Cherry Street, Batavia, is charged with harassment, 2nd. Erickson allegedly pushed another person during an incident reported at 5:32 p.m. Tuesday at a location on Ross Street.

Robin L. Walsh, 50, of West Main Street, Batavia, is charged with petit larceny. Walsh allegedly concealed several items in her purse at Tops Market and walked out of the store without paying for them.

Trisha R. Santora, 35, Naramore Drive, Batavia, is charged with DWI, driving with a BAC of .08, refusal to take breath test, aggravated unlicensed operation, 1st, driving a motor vehicle while on a mobile device. Santora was stopped at 9 p.m. Oct. 19 on Main Street, Batavia, by Officer Matthew Wojtaszczyk.

David L. Andrews, 29, of State Street, Batavia, is charged with aggravated unlicensed operation, 2nd, and suspended registration. Andrews was stopped at 3:17 p.m. Sunday on Jefferson Square, Batavia, by Officer Christopher Lindsay.

Batavia's first snow of the season fell this morning.

Adriana Cox is ready for Halloween.

To send in pictures of children dressed for Halloween, email howard@thebatavian.com

Guinnevere Clark as a Creepy Ballerina.

Alexandria Wenzel, 2 years old

Two photos above, Isla Currier and her soon-to-be little brother.

Owen Currier's first Halloween.

Landon and Kalina

Emma Underhill

Three photos above, Kait Rowley, 11, Maeve Motz, 2, and Robert Motz, 9 months.

The staff at L&L Transmissions are ready for Halloween. Dressed up as Minions are Nick Newton and Greg Lyons.

If you and/or your co-workers dressed up for Halloween today, send a picture to howard@thebatavian.com and we'll add it to this post.

Submitted by Tammi Ferringer. Genesee County employees.

Four photos above, Grandma’s Luv’n Care had a "friendly grandmother" costume contest today.

Jeremy Yasses and Joe Pellegrino

As expected, resolutions calling for more than a half-million dollars to be allocated for special projects -- as well as others to accept a $236,0000 firefighters grant and to complete the final phase of the “Healthy Schools” sidewalk plan – were kept on the table by the Batavia City Council at its Conference meeting on Monday night.

Council, by unanimous agreement, moved to its Nov. 13 Business Meeting proposals that earmark $541,000 in unassigned funds to the Department of Public Works equipment reserve ($50,000), sidewalk reserve ($25,000), administrative services equipment and software reserve ($300,000), street resurfacing project ($20,000) and the Ellicott Trail project ($146,000).

Scroll down to see a previous story on The Batavian for details.

The board also agreed to consider resolutions accepting a $236,000 FEMA Assistance Firefighters Grant for the purchase of 24 self-contain breathing apparatus units – replacing the ones that have outlived their usefulness, account to Chief Stefano Napolitano.

Additionally, the grant will allow the department to purchase a Pak Tracker system that is used to locate a firefighter who becomes missing or trapped in a dangerous environment, Napolitano said.

The “Healthy Schools” resolution authorizes the City to contract with the state Department of Transportation to complete construction phases of the project in the amount of $982,238, of which 75 percent will be reimbursed to the City.

Previously, the City was awarded the funding to replace 12,300 feet of sidewalk for Liberty Street from East Main Street to Morton Avenue, and Washington Avenue from Ross Street to Bank Street.

DPW Director Matt Worth said bids will go out in December and construction will start next spring.

Council gave its stamp of approval to “Christmas in the City,” a four-hour yuletide celebration coordinated by the Downtown Batavia Business Improvement District on Dec. 1. The cost to the city for its part in the event is expected to be around $1,800.

In another development, Council seemed to agree with a recommendation by Worth, Police Chief Shawn Heubusch and Molino to beef up traffic control along Evans Street (in the Watson Street, Thorpe Street and Ganson Avenue areas) as an alternative to a resident’s request to install an “Autistic Child” sign.

The plan, according to a memo by Worth, is based on the premise that motorists’ driving speed needs to be addressed. Molino said the resident, Jonathan Bell, who has an autistic son, agreed with the following recommendations:

-- Installing a portable speed monitor trailer on Evans Street prior to the winter to let drivers know how fast they are going;
-- Using grant funding to increase traffic enforcement in this area, hopefully resulting in information that would determine if stop signs or reduced speed zone signs are warranted;
-- Placing a “Children at Play” sign on Evans Street at Watson Street, southbound, as vehicles exit an industrial area into a residential area.