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The driver of a car that was trying to pass another vehicle on Creek Road yesterday says the other driver sped up, preventing her from safely passing.

The driver being passed denies she sped up.

Both were issued citations following the two-car accident that cause one car -- the one being passed -- to fly off the roadway and overturn, pinning the driver's arm under the hood of the car.

Cindy Schwartz, 43, of Alexander, the driver of the car reportedly being passed, was taken by Mercy Flight to Strong Memorial Hospital where she's listed in satisfactory condition.

The other driver, 17-year-old Elizabeth Weber of Exchange Street in Attica, was uninjured.

Weber was northbound in a 2010 Kia SUV on Creek Road, according to Deputy Chad Minuto's report, when she attempted to pass a 2000 Chevy sedan driven by Schwartz.

According to Weber, Schwartz sped up.

Yesterday, at the scene, Minuto said there was an oncoming southbound vehicle that may have contributed to Weber's decision to try and get back into the northbound lane quickly.

When she did, her right rear fender clipped the left front fender of the Chevy sedan, sending it off the east shoulder and tumbling into a farm field.

A black Labrador was Schwartz's only passenger. The dog ran from the accident scene heading toward the woods far in the distance to the east. It was nowhere to be seen during accident operations and this morning dispatchers say they have no report of it being found.

The accident was reported at 6:48 p.m. and Town of Batavia fire responded to the accident along with Mercy EMS.

It took about 30 minutes for firefighters to extricate Schwartz. She was buckled in her seat, upside down in the vehicle with her arm outside the driver-side window and pinned under the roof the car. Firefighters used airbags to lift the vehicle so her arm could be freed.

Weber was cited under the vehicle code section 1122-a for allegedly returning to her lane of travel without reaching a safe distance from the overtaken vehicle and Schwartz was issued a citation for allegedly speeding up while being passed under section 1122-b.

Should Sheldon Silver resign as speaker of the Assembly?

New York Times: A Second Democrat Calls for Silver to Resign

Without walking seven batters, maybe Notre Dame beats Lyndonville 3-0, Head Coach Mike Rapone said after the Fighting Irish lost to the Tigers 7-3 in a Section V Class D semifinal game at Dwyer Stadium.

Starter Tyler Stroud, normally in command of his pitches, struggled to get the ball over the plate and squandered an early lead. With only a couple of hits, the Irish saw their 3-0 lead slip to 3-2 and then disappear to a 4-3 deficit.

Two of those runs scored on a wild pitch and a passed ball after walks helped Lyndonville base runners advance to third.

"Walks, passed ball, ground out, and little by little we let them back into the game and we never got the momentum back," Rapone said.

Rapone praised the effort of Lyndonville but repeated, it was the walks that did in his team.

"Their pitcher threw a nice game," Rapone said. "He kept us off balance. We didn't hit the ball that well. I think if we didn't walk seven guys, the three runs might have been enough."

The Batavia Blue Devils beat Livonia today to advance to the Section V Class BB championship game in Geneva at 6 p.m., Friday against Pal-Mac. In the Class C final, Pavilion was eliminated by Bolivar-Richburg.

Top photo: Tommy Prospero scores in the first on a steal of home. The Tigers' catcher dropped the ball.

To purchase prints of photos from this game, click here.

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Batavia PD is looking for the public's assistance in resolving an alleged bike theft at 400 Towers on the night of May 19.

The subject in these photos is wanted for questioning and police are asking the public's help in identifying him.

Anybody with potentially helpful information should contact Officer Jamie Givens at (585) 345-6450.

The city's youth detective, Todd Crossett, has been asked to take a closer look at a complaint raised at Tuesday's City Council meeting about potentially race-related problems in the Pringle Avenue area.

City resident Shirley Nigro spoke to the council Tuesday and said that neighborhood kids have threatened her and her grandchildren, citing race as a motivation for their actions.

She said she and her grandchildren have been attacked while at the Pringle Avenue park and once had to be escorted from the park by police.

"Our neighborhood is getting ridiculous," Nigro said. "I've had people across the street (from the park) tell me, 'you're in the hood now. You better get used to it or get out.' ... there's a lot of hate out there."

After she complained the parents of some of the children involved, she said, the harassment of her grandson on the school bus got so bad that she now gives him a ride to and from school.

Chief of Police Shawn Heubusch said he's asked Crossett to look into the complaint, which he said is the only one of that nature that the city has received, not just from the Pringle Avenue area, but from throughout the city.

"It's very important for us to get feedback from the community," Heubusch said. "They're living there day in and day out. We're not. We're in the area as much as we possibly can be. We take any complaint seriously that we receive no matter where it comes from and we're looking into it as best we can."

He said with the weather warming up and more people out and about, there's bound to be conflicts and disputes.

"I can't think of any (complaints received) that have been race-related," Heubusch said. "There's always going to be neighbor disputes that you're going to get in any community. The more people you have, the more neighbors you have, the more there will be disputes."

City firefighters, members of the International Association of Firefighters Local 896, will once again ask motorists at in the Court, Ellicott and Main street areas to "fill the boot" with donations to help fight Muscular Dystrophy.

The donations benefit MDA charities in WNY.

The "Fill the Boot" campaign is June 7.

Last year, the campaign collected $7,500 for MDA, which was a record for the annual campaign.

"We had a very successful boot drive in 2012," said Local 896 President Greg Ireland. "The guys are looking forward to hitting the streets again in an attempt to top last year’s total. We really appreciate the generosity of those that can give, whether it be their spare change, a dollar or even more."

Notre Dame's golf team won a Section V title in a tournament at the Livingston Country Club in Geneseo.

From left: John Lapple -- 81, Drew Morabito -- 85, Coach Bill Sutherland, Noah Hoy -- 83, Ben Warner -- 87, and Jared Thornton -- 92. This is the second year in a row that they have won the Section 5 Class C Championship with the same five players.

Photo and information submitted by David Warner.

Omar Negron-Mejias Nicolas Roman

Updated with a little more info, 10:03 a.m.

Drugs and a gun were allegedly found in a Nissan Altima located on State Street Road, Batavia, on Tuesday evening following a complaint of a suspicious vehicle.

Three men from Rochester were with the vehicle and all three were arrested following a search of the Altima.

One man was allegedly found with a loaded handgun and investigators also allegedly found cocaine, heroin and marijuana.

Arrested and held on $25,000 bail after being arraigned in Town of Batavia Court on charges of criminal possession of a narcotic drug with intent to sell, criminal possession of a loaded firearm and unlawful possession of marijuana was 23-year-old Omar Francisco Negron-Mejias of Herald Street, Rochester.

Nicolas Luis Roman, 22, of Ketchum Street, Rochester, was charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana.

Neal John Schifano, 36, of Willington Avenue, Rochester, was charged with possession of a hypodermic instrument.

The vehicle drew attention because one of the subjects was out of the vehicle walking around it, said Chief Deputy Jerome Brewster. When Deputy Joseph Graff arrived the man got back in the vehicle and proceeded to a nearby driveway and Graff approached it a second time.

Brewster said contraband was observed in the vehicle and the investigation proceeded from there.

Investigators are still trying to determine why the men were in Batavia.

The investigation is ongoing and further charges may be pending.

The Sheriff's Office received the report of a suspicious vehicle at 6 p.m. and Deputy Graff responded. He was later assisted at the scene by were members of the Local Drug Enforcement Task Force and Batavia PD.

One person is accused of illegally growing marijuana following a Local Drug Enforcement Task Force raid of a Pearl Street residence on Thursday.

Alex Dumbleton, 19, of Pearl Street, Batavia, is charged with unlicensed growing of cannabis, a Class A misdemeanor, and a violation of unlawful possession of marijuana.

Also cited for alleged unlawful possession of marijuana were Sonya M. Bale, 28, and Sterlyng J. Wilcox, 26 , both of Pearl Street.

The task force executed a search warrant on the residence.

Dumbleton, Bale and Wilcox were allegedly found in possession of marijuana.

Investigators report also finding drug paraphernalia.

Dumbleton was allegedly found to be growing marijuana plants.

All three were arrested and issued appearance tickets.

Assisting in the investigation were the District Attorney's Office, Batavia PD and Sheriff's deputies.

Brodes J. Gibson, 52, of 13 Thorpe St., Batavia, is charged with criminal trespass, 2nd (unlawfully entering a dwelling), and criminal contempt, 2nd. Gibson is accused of entering a dwelling on Thorpe Street at 12:24 a.m., Tuesday, and allegedly violating a complete stay away order.

Alicia Ann Burgess, 22, of Sharrick Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, failure to keep right, moving from lane unsafely. Burgess was stopped at 1:14 a.m. on Buffalo Street, Alexander, by Deputy Joseph Corona.

About a dozen local landlords showed up at City Hall on Monday night for a City Council discussion about a possible local law that could mean fines for frequent police calls to local rentals.

Four of the landlords spoke during public comments against the idea, including Richard Siebert, James Pontillo and Thomas Mazerbo (pictured above).

Siebert said Batavia has gained a reputation for being a city that's very unfriendly to landlords, which drives down the value of rental properties and hurts the ability of the city to raise assessments.

He also said the subsidized housing complexes run by the city attracts all the good tenants, making it harder for landlords to attract the better tenants.

He also complained about police inaction when complaints are lodged about some residents.

"Let's talk about Lewis Place," Siebert said. "I have an apartment building down there and I've called city police when tenants have told me about drug deals and fights going on and they tell me, 'if you didn't see it personally, we can't do anything about it.' The city can clean it up. Put some undercover agents down there. Go in and clean it up."

Mazerbo said that it's very hard to get bad tenants evicted and if you succeed, they often trash the place and then city code officers give a landlord only 48 hours to clean things up. He said landlords should be given 10 to 30 days in those circumstances.

One version of the law under discussion was passed in the Town of Niagara and Mazerbo said, "I don't care about the Town of Niagara. That's over there. Something has got to be done here."

James Pontillo said the city is once again trying to turn the landlord into the bad guy.

"We're the ones investing in Batavia," Pontillo said. "We're the ones taking down a run down property and investing in it. I don't like being called a slumlord. I find it offensive. What we're doing with our money is -- rather than investing in gold or silver, we're investing in Batavia."

One of Pontillo's frustrations is that the police won't arrest former tenants for criminal mischief when they purposefully cause $5,000 in damage to a property once they know they're evicted.

Councilman Kris Doeringer took issue with the notion that landlords aren't responsible for the conduct of their tenants.

"You're the ones who rent to them," Doeringer said. "This is your business. You rent to them. Nobody made you. Today, nobody holds you accountable. That's not to say I'm unsympathetic to the investment you make in the community ... but there is a responsibility you have there somewhere and to put it all back on the city is not correct."

During his remarks, local residential property owners Jeremy Yasses and Terry Platt left the room, though Platt returned.

Brooks Hawley (inset photo) said his concern about this issue began while he was campaigning, walking precincts. The number one issue brought up by residents, Hawley said, was misbehaving tenants.

City Manager Jason Molino, Hawley said, asked that addressing the issue be held off until after the budget was approved. Once it was, Hawley, Molino and Pier Cipollone met to discuss options.

In researching options, Molino found laws in Cheektowaga and Niagara that hold landlords accountable for excessive complaints about the conduct of tenants.

According to Hawley, the laws in those other jurisdictions are meant as discussion starters about how to address the problem in Batavia. He said he's looking for something that holds tenants accountable and puts some responsibility on landlords for how their properties effect their neighborhoods.

There was no action taken by the council Monday, and though Cipollone suggested forming a committee that would include council members and landlords to study the issue, no firm plan was put in place.

Molino said it's a very complex issue and no single law is going to necessarily bring about neighborhood revitalization.

"It comes back to the root of the issue," Molino said. "If the tenants don't care about the neighborhood, you can't make them care. If the neighbors want to have their community back, they will have to take their neighborhoods back. You can't use code enforcement and you can't use police enforcement to force people to take back their neighborhoods."

Councilman John Canale called the idea of fining landlords for tenant behavior "absurd."

"I'll never support any talk like that," Canale said. "We talking about asking landlords to become the police and we already have a police department."

To help cut down on problems with some of the residential renters in the City of Batavia, two council members are asking the council to consider a law that would license landlords and fine property owners who rent to nuisance tenants.

The proposal is on tonight's City Council agenda. The meeting begins at 7.

The proposal grew out of conversations between council members Brooks Hawley and Pier Cipollone and City Manager Jason Molino regarding problems in the Holland Avenue neighborhood.

Molino did some research and found that the Town of Niagara and the Town of Cheektowaga recently created a licensing scheme for landlords.

There are also fines for landlords if the police are called to a residence frequently.

Molino's memo on the law states, "It appears that this legislation attempts to hold landlords accountable for tenant behavior as well as provide easier methods for landlords to evict uncooperative tenants that are compromising the character of neighborhoods."

In Niagara, officials concluded that renting out residential rental property is a business and should be licensed like many other types of business.

Once licensed, officials will have a better paper trail on who the landlord of record is and then notify the landlord of potential problems.

Officials will track police calls to rental properties and three nuisance or criminal complaint calls in a year will result in a $50 fine; a fourth, $100; a fifth, $500 and each additional incident thereafter, $1,000 each.

The legislation in Niagara states that "residential rental properties may become a haven for various criminal or disruptive actives that can result in disorder in our community and affect the quality of life of others in the Town of Niagara."

Jason A. Klinkbeil, 24, of 80 South St., Le Roy, is charged with petit larceny and criminal traspass, 3rd (entering an enclosed property). Klinkbeil is accused of stealing scrap metal from a location at 653 Ellicott St., Batavia. Also charged, Nathan S. Snyder, 27, of 7185 W. Main St., Le Roy.

Tracy L. Hume, 41, of 3351 Iroquois Road, Caledonia, is charged with DWI, failure to use a turn signal, failure to keep right and failure to submit to breath screening device. Hume was stopped by Le Roy PD at 12:28 a.m., Saturday, on Clay Street for an alleged traffic infraction.

Tiana N. Terry, 31, of 30 Buell St., Batavia, is charged with menacing, 2nd. Terry allegedly threatened another person with a knife during a domestic incident reported at 10:21 p.m., Saturday.

Jason D. Alessi, 20, of 9741 Simonds Road, Corfu, is charged with making graffiti. Alessi was allegedly caught spraying painting some equipment at the Skate Park off Evans Street, Batavia.

Kevin O. Simmons, 53, of 20 Central Ave., Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, leaving the scene of a property damage accident and unlicensed driver. Simmons was arrested by Sgt. Jason Davis following an investigation into a property damage accident reported at 2:30 a.m., May 18, at 210 State St., Batavia.

Steven Matthew Seyler, 22, of Bridgeman Road, Sanborn, is charged with DWI, driving with a BAC of .08 or greater, speeding (44 in a 35 mph zone) and failure to keep right. Seyler was stopped at 12:39 a.m., Monday, on Route 33, Corfu, by Deputy Frank Bordonaro.

Chelsea Cleveland of Oakfield-Alabama won the Section V Class C triple jump title with this winning jump Saturday.

Photo and info submitted by Chris Covel.

Should there be designated hitters in baseball?

 

Brennan Briggs, head football coach for the Batavia Blue Devils, is invivitng all sixth- and seventh-graders to a free football camp from 3:30 to 5:30 p.m., Sunday, at Van Detta Stadium.

The team's coach staff and varsity players will assist in putting the aspiring high school football players through their paces in individual skills and drills on offense and defense.

Briggs will provided information on the modified football program and there will be flag football games following the two-hour camp.

Participants will also receive Blue Devils apparel and a tour of Van Detta Stadium.

All participants must bring cleats, sneakers, outdoor clothes and a water bottle.

Kyle Kendall's favorite sport is baseball, but he seems to have a knack for catching trophy pike.

Last summer, he caught a big one at the sand wash, which his parents had mounted. This weekend, he landed a 35.5-inch, 10-pound pike.

Photo and info submitted by Dave Kendall.