batavia

There's been too much bad news in the world recently, so Brenden Mullen, co-owner of Larry's Steakhouse, on Main Street, Batavia, decided he wanted to do something good.

Larry's will be open from 4 to 8 p.m. Thanksgiving Day serving free meals to "anybody and everybody" who wants to stop in.

The meals will include turkey, mash potatoes and gravy, stuffing, squash and cranberry sauce along with a slice of pumpkin pie.

All for free.

"Somebody very dear to me, touched my life, had a positive impact and made me want to better myself in any way I can," Mullen said. "I thought it might be a step in the right direction."

Word has spread quickly on social media, Mullen said, and just today he got a touching call from an administrator at Batavia High School who said a student who had been wondering what he would do on Thanksgiving, with no place else to go, heard about the community meal and now he plans on being at Larry's.

That really touched Mullen, he said. It's hard to believe in this day and age a high school student would need some place to go on Thanksgiving Day, but there are people in our community with all kinds of needs, he said, and perhaps his gesture will help a few people out.

He just came up with the idea Saturday, enlisted the chef to help, and started getting things organized. He doesn't know what to expect and said additional volunteers to help are welcome.

"I thought it would be a good way to do something good for the community," Mullen said. "Like I said, I just get sick of reading the news, turning on the TV, and it's nothing but bad news anymore, so I wanted to give people a reason to smile and feel good about something."

The Genesee Chorale held a rehearsal Monday night in preparation for its show at 7 p.m., Dec. 4, at St. James Episcopal Church.

Directed by Ric Jones, the show is Christmas-themed and the performance is titled "Our Hope is a Child." Tickets are $8 presale and $10 at the door, and can be purchased online at geneseechorale.com.

The show will include what is billed as an "energetic" version of "Hark! The Herald Angels Sing!" with four-handed piano accompaniment, with Doug Hansen and guest pianist Henry Emmans. The Genesee Children's Chorus will also be featured on a number of pieces. Fran Thomas also performs a solo.

Restoration work on the "Rocket Car," originally built in Batavia in 1938 by Charles D. Thomas and Norman Richardson, is under way at Dick McClurg's garage.

Top photo shows, the motor and a damaged fender have been removed.

McClurg found a 1938 or '39 flathead, so it's period-correct, in Lockport. The original engine (which wasn't in the car when it was purchased, having probably been replaced in the 1950s) was a 1934 or '35 flathead. The "new" engine is "turnkey ready," McClurg said. It just needs to be dropped into place.

McClurg has started removing the interior. The seats and windows are out. Next, and it will be tough, possibly, the dashboard.

The hood is off.

The seats are out. They will be sent to another shop to be reupholstered.

This picture may not show it well, but McClurg found an interesting innovation in the front "bench seat." Typically, a bench seat is one piece across the width of the car, that's why it's called a bench seat. The Thomas car is a two-door but had a rear passenger seat. McClurg figured Thomas designed the car with a rear seat, but not much thought that anybody would actually ride in it because it would be too hard to get to the back with the bench seat in place. What Thomas designed, however, was a partially hinged bench seat. On each end of the seat is a side wing that can be folded down or locked in place.

Previously:

• Group wants to restore and donate 'Rocket Car,' a piece of Batavia history, to the city
• Thomas Rocket Car back in Batavia where she belongs

Brad L. Ohlson, 38, of Walnut Street, Batavia, is charged with third-degree assault. He was arrested on Nov. 20 after an incident occurred at 3:51 p.m. on Central Avenue. It is alleged that Ohlson struck another person, causing the person to fall and strike a door, causing physical injury to that person. Ohlson was issued an appearance ticket and is to be in City Court on Dec. 8. The case was handled by Batavia PD Officer Chad Minuto, assisted by Officer Mitchell Cowen.

Christopher J. Simmons, 42, of Wayneport Road, Macedon, Leanna J. Williams, 25, of St. Paul Street, Rochester, and Anthony J. Stagnitto, 26, of West Ridge Road, Rochester, were arrested Nov. 21 after the trio was allegedly involved in shoplifting at Kohl's department store in Batavia. The vehicle used in the crime was stopped on Noonan Drive near the intersection of Oak Street by city Police officers. It is alleged that Simmons entered the store and removed items while Williams drove the getaway car, picking Simmons up by the front doors and speeding away. Stagnitto was a passenger and identified himself falsely as another person because he had a felony arrest warrant out of Monroe County for him. Stagnitto was turned over to the Monroe County Sheriff's Office and is charged with criminal impersonation, a misdemeanor. Simmons was jailed without bail and is to reappear in Town of Batavia Court on Nov. 30. He is charged with a felony -- fourth-degree grand larceny, and he was also issued an appearance ticket for criminal possession of a controlled substance, 7th, which is a misdemeanor, and is due in City Court on Dec. 14. Williams was issued an appearance ticket for fourth-degree grand larceny, a felony, and is due in Town of Batavia Court on Dec. 17. The case was investigated by Sheriff's Deputy Rachel Diehl and Deputy John Baiocco, assisted by Deputy Christopher Parker, and Batavia PD officers Marc Lawrence and Frank Klimjack.

James A. McCormick, 23, of Kendall Road, Churchville, is charged with moving from lane unsafely, driving while intoxicated and aggravated driving while intoxicated for allegedly having a BAC of .18 percent of higher at the time. He was arrested after a motor-vehicle accident at 12:43 a.m. on Nov. 22 on North Lake Road, Bergen. His vehicle went off the roadway and struck a utility pole. He was issued an appearance ticker for Town of Bergen Court at a later date and time. The case was handled by Sheriff's Deputy Andrew Hale, assisted by Deputy Joseph Corona.

Armand M. Gioia, 28, of Hall Street, Batavia, is charged with driving without a license, driving while intoxicated -- first offense, operating a motor vehicle with a BAC of .08 or more -- first offense, and unsafe backing of a vehicle. Gioia was stopped at 1:20 p.m. on Nov. 15 on East Main Street, Batavia, after he allegedly struck another vehicle in the parking lot of a local restaurant. He is to be in City Court on Dec. 2. The case was handled by Batavia PD Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Marissa Anne Brennan, 22, of North Byron Road, Byron, is charged with fourth-degree grand larceny. She was arrested at 2 p.m. on Nov. 17 for allegedly stealing property in excess of $1,000 in value. She was put in jail on $2,500 bail. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy James Diehl.

Randy Dumbleton Jr., 32, of 3322 W. Main St., Batavia, is charged with criminal possession of a controlled substance, 3rd, a Class B felony, unlawful possession of marijuana, and criminal use of drug paraphernalia, 2nd. During a residence check on Nov. 21 at 7:26 a.m. by NYS Parole, the subject was allagedly found to possess a quantity what is suspected to be crack cocaine and marijuana. He was taken into custody and given no bail. The case was handled by Sheriff's Deputy Lonnie Nati, assisted by Deputy Chad Minuto.

A 16-year-old who lives on Central Avenue in Batavia is charged with disorderly conduct for fighting. The teen was arrested on Nov. 19 at Batavia High School for fighting with another student in the hallway. The teen was issued an appearance ticket and released. The case was handled by Batavia PD Officer Marc Lawrence.

Frank Lynn Morrison, 34, of West Main Street Road, Batavia, was arrested on a bench warrant for failing to appear in court on a charge of third-degree aggravated unlicensed operation of a vehicle. Arfter being arraigned in City Court, he was released and went to the City Clerk's Office and posted a fine of $135. He is scheduled to pay the remainder of his fines in increments. A return court date was not set. The case was handled by Batavia PD Officer James DeFreze.

Joshua M. Pierce, 20, of Meadowbrook Terrance, Corfu, is charged with unlawful possession of marijuana and speeding. On. Nov. 22, at 9:39 a.m. Pierce was stopped on Denio Street by Batavia PD for a speed violation. At that time, Pierce was allegedly found to possess marijuana. He was issued an appearance ticket and in due in City Court on Dec. 8. The case was handled by Batavia PD Officer Arick Perkins.

Jeremy David Holmwood, 24, of Corinthia Street, Lockport, is charged with possession of a hypodermic instrument. He was arrested on a bench warrant for allegedly failing to appear on previous charges on Nov. 4. He was jailed on $1,000 bail. The case was handled by Sheriff's Deputy Ryan DeLong.

Chong Christian Nimora, 35, of Metropolitan Drive, Rochester, was arrested on a bench warrant out of Town of Batavia Court for a charged on Nov. 7 of petit larceny. She was released on her own recognizance. The case was handled by Sheriff's Deputy Ryan DeLong.

Bleyke Z. Culver, 19, of Ellsworth Avenue, Batavia, was arrested after a bench warrant was issued through City Court for Culver's alleged failure to pay a fine in regards to owning/harboring an unlicensed dog. He posted bail and was released and is to return to court on Dec. 8. The case was handled by Batavia PD Officer Jamie Givens.

An Attica woman who was arrested for attempting to bite an emergency room nurse and punching her several times in the stomach will spend at least a year-and-a-half in State Prison after pleading guilty this morning to attempted assault in the second degree.

In an unusual twist, she was also sentenced today.

Kerri L. Forsberg, 43, of Alexander Road, Attica, who appeared in court in a wheelchair, has medical issues that meant she couldn't be housed in any of the county jails Genesee County uses to hold female inmates. In those circumstances, the state will hold an unsentenced inmate, and at no cost to the county, said District Attorney Lawrence Friedman.

The difficulty, however, is that Forsberg was held in Bedford, and Genesee County deputies were required to take her back and forth between the prison and her court appearances.

So some of her appearances were actually waived, including her plea-cutoff. She was planning to take her case to trial, Friedman explained, but when she changed her mind and decided to take the plea offer, arrangements were made for Forsberg to enter her plea and be sentenced on the same day.

Friedman said the Probation Department was "great" for their handling of the expedited pre-sentence investigation. Investigators obtained the case file this morning, combined it with Forsberg's PSI from a previous case in Wyoming County, and were able to meet the deadline of 4 p.m. for the completed report.

Forsberg is eligible for release in one-and-a-half years, but could serve up to three years. She was sentenced as a second felony offender.

She was arrested in early July for attempting to bite a UMMC nurse and punching her in the stomach.

Three men accused of assaulting another person April 29 on Holland Avenue entered guilty pleas in County Court this morning, though they did not admit to the actual crime.

Under an Alford plea, the defendants pled guilty because they believe a jury would likely convict them based on available evidence, but did not admit to the facts leading to the charge. 

The young men, Terrance M. Schramm, Terrence D. Johnson, and Leonard A. Johnson III entered guilty pleas to second-degree assault under terms that would cap their sentences of six months in jail and five years probation, a term known as "shock probation," which is intended to give defendants a taste of confinement and monitored terms of behavior following release.

The victim in the case suffered an orbital fracture and lost of range of motion in one shoulder, said District Attorney Lawrence Friedman.

Witnesses said they saw four or five young men beating and kicking the victim.

The victim identified the defendants as three of the people who attacked him, but the other possible attackers have not been identified.

Previously: Grand Jury: Three men indicted for first-degree gang assault

Stacy Bolles, wife of Officer Eric Bolles, shared this picture of a group of wives of Batavia police officers showing their support of their husbands' work.

"We want everyone to know that we stand behind our husbands and support them in their duty to protect and serve, even though sometimes it means sacrificing our time with them," Stacy said. "Families of police miss having them at the holidays so they can protect other families. We share a sisterhood being police wives and we all care for and support each other."

The first Foxprowl-Con at the Clarion Hotel was packed with energy and some interesting characters Saturday.

The event continues today. For more information, visit foxprowlcon.com.

Photos from Friday's opening of the Wonderland of Trees for 2015 at the Holland Land Office Museum.

A two-car accident is reported at West Main and Thomas Avenue, Batavia.

City fire and Mercy EMS responding.

There are believed to be minor injuries.

UPDATE 9:01 p.m.: City PD on scene, reporting no injuries.

A driver was trapped in his car after it went off the road in the area of 9186 Alexander Road, Batavia, just before 3 p.m.

Town of Batavia firefighters worked for an hour to extricate the driver, who was both trapped in the vehicle and trapped by limbs from a tree. He suffered only bumps and bruises and was transported to UMMC. 

The vehicle struck a mailbox and a blue spruce tree.

Info and photo provided by Mike Pullinzi.

Sarah Wilson, 31, of West Main Street, Batavia, is charged with two felonies and a misdemeanor following a joint investigation by the Genesee County Department of Social Services and the Genesee County Sheriff’s Department. Wilson is charged with one count of criminal possession of a forged instrument, 2nd, one count of offering a false instrument for filing, 1st, both of which are felonies, one count of petit larceny. The investigation started after a Social Welfare Examiner at Genesee County Social Services noticed several inconsistencies in a medical statement Wilson had submitted to the department, which Wilson claimed had been completed by a local doctor. The investigation that followed revealed the medical statement allegedly had not been completed or signed by the doctor. Wilson was arrested by Sheriff's Investigator Joseph Graff and jailed on $1,000 bail. She is scheduled to reappear in Batavia Town Court at 2 p.m. on Dec. 8.

Lee A. Baxter, 31, of Central Avenue, Batavia, is charged with obstructing governmental administration, 2nd, third-degree assault, and unlawful possession of marijuana. Baxter was arrested at 2:40 p.m. on Nov. 19 following a reported on a domestic incident which had allegedly become physical. Batavia police patrols arrived and allegedly observed a physical altercation between "Baxter and another female." Baxter was put in Genesee County Jail on $2,000 bail. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Cody A. Bush, 29, of Walnut Street, Batavia, is charged with two counts of criminal sale of a controlled substance, a Class C felony. It is alleged that he sold a quantity of suboxone, which is a controlled substance, in and around the City of Batavia and the Town of Elba  to an agent of the Genesee County Local Drug Enforcement Task Force. The DA's Office assisted in the investigation. The defendant was already in GC Jail on related charges when he was arrested Monday by Sheriff's deputies and arraigned in City Court on one count and then transferred to Elba Town Court where he was arraigned on the other count. He was taken back to jail.

Patrick Antonio Griffin, 46, of Saint Petersburg, Fla., is charged with: first-degree aggravated unlicensed operation; operation of a motor vehicle with a BAC of .08 or more, first offense; driving while intoxicated, first offense; unlawful possession of marijuana; operation of a motor vehicle by an unlicensed driver; and having non-transparent window tint. Griffin was arrested at 1:09 p.m. on Nov. 14 on Ledge Road in Alabama. He was put in Genesee County Jail in lieu of $2,500 bail. The case was handled by Sheriff's Deputy Joseph Corona.

William David Conner, 64, of Harris Road, Le Roy, was arrested at 6:31 p.m. on Nov. 14 on Linwood Road in Le Roy and charged with: driving while ability impaired by alcohol, drinking alcohol in a motor vehicle while on a public highway, failure to dim headlights, and having inadequate tail lamps. He is to reappear in Le Roy Town Court on Dec. 21. The case was handled by Sheriff's Deputy Joseph Corona.

Michael William Godden, 38, of Edgemere Drive, Rochester, was arrested Nov. 18 at 11 p.m. after being stopped on Route 490 in West Bergen. He is charged with driving while intoxicated, first offense, refusal to take a breath test, and operating a motor vehicle without an inspection certificate. He was released under supervision of Genesee Justice. The case was handled by Sheriff's Deputy Joseph Corona.

A 17-year-old male who resides in Batavia is charged with criminal contempt, 2nd, and fourth-degree criminal mischief. He was arrested Nov. 18 after allegedly breaking a window at his mother's residence and then proceeding to yell at her and call her names, in violation of an order of protection which had been issued on Oct. 29 and was valid until 10/29/16. He was jailed in lieu of $500 bail. The case was handled by Batavia Police Officer Jamie Givens, assisted by Sgt. Dan Coffey.

Frank F. Sposato III, 21, of Irwin Place, Huntington, was arrested today at 1:49 p.m. and charged with speeding and second-degree aggravated unlicensed operation. He was arrested following a traffic stop at 20 W. Main St. in Batavia and put in jail in lieu of $250 bail. The case was handled by Batavia Police Officer Eric Foels.

Kevin R. Larsen, 38, of Hall Street, Batavia, was arrested on Nov. 16 on a bench warrant, which was issued following an incident that occurred on Nov. 5 on Swan Street. He was put in jail in lieu of $1,000 bail. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Eric Hill.

City of Batavia firefighters, members of IAFF Local 896, made their annual trip to Jackson School this afternoon to hand out winter coats to students who needed them.

The children received brand new, 100-percent American-made winter coats. The donations are part of a national effort sponsored by the not-for-profit Operation Warm.

A possible tree fire is reported in Elmwood Cemetery on Harvester Avenue in Batavia. City firefighters are responding.

The Clarion Hotel in Batavia will be filled this weekend with superheroes, space aliens, monsters and robots, all gathering to partake in Foxprowl-Con, the first local comic and collectables convention.

Bill Hume, owner of Foxprowl Collectables on Ellicott Street, is the lead organizer of the event, which he said could draw from 2,000 to 4,000 guests from all over the region.

The convention will feature more than 100 vendors and several celebrities from the world of comics and sci-fi/horror entertainment, including Mark Dodson, from Star Wars and Gremlins, Kevin Duhaney and Jeff Parazzo, from Power Rangers, Adam Minarovich from the Walking Dead, Steve Cardenas, from Power Rangers, and Tyler Green and Rashaad Santiago, from FaceOff, among others.

These photos are from this afternoon while vendors were setting up. The convention opens this evening and continues Saturday and Sunday. For more information, visit foxprowl-con.com.

Two Batavia Cheerleading Youth Camps will be offered next month and are open to ages 4 through 13. Cost is $25 if registration is before Dec. 4; otherwise it's $30.

You do not have to be in the Batavia School District to participate. All are welcome. Camp sessions will be held at the Batavia Middle School Gymnasium from 5:30 to 7:30 on Friday, Dec. 18, and from 10 a.m. to 12 p.m. on Saturday, Dec. 19. Participants must attend both sessions.

Coaches and parent volunteers will be working the camps accompanied by basketball junior varsity and varsity cheerleaders. Both camps are mandatory. Participants will learn jumps, arm motions, cheers & chants, stunting, and a 45-second routine appropriate for each age level. They are: Level 1 -- ages 4-6; Level 2 -- ages 7-9; and Level 3 -- ages 10-13.

All cheerleaders will perform the routine learned at the camps with varsity cheerleaders at the Genesee Community College Christmas Tournament game on Monday Dec. 28. Game details and warm-up time TBA.

To register, make checks payable to Batavia Cheerleading Boosters and send cash or check to:

Batavia City Schools

Attention: Justine Briggs

260 State St.

Batavia, NY 14020

Include the registrant's name, age and T-shirt size. Also include an emergency contact name, emergency contact primary phone number, and emergency contact e-mail address.

For additional information or questions, e-mail Bataviacheerleading@gmail.com

Visit on Facebook at Batavia Cheer - Batavia Cheerleading

It took the city's Zoning Board of Appeals more than 45 minutes Thursday to make motions, collect seconds and tally votes on five variances that clear the way for a new Dunkin' Donuts franchise on West Main Street, across from Redfield Parkway.

After a presentation by the project's engineer Kip Finley and comments from members of the public, all Redfield Parkway residents opposed to the project, it came time for the ZBA board to vote on the variance requests for parking, driveways, building placement and height.

Minutes would pass before a motion would be made, then a long pause before a second, and when the question was called, the votes came slow.

All of the variances were approved, but as Chairman Jeff Gillard confirmed later, the board wasn't really thrilled to be the final hurdle the developers need to clear to be able to proceed with the project.

"You can't go by emotion," Gillard said. "You've got to follow the law."

With no legal reason not to approve the variance requests, the board didn't have much recourse, even if they are sympathetic with the concerns of Redfield Parkway residents over potential traffic congestion in the area.

The traffic issues are not part of the ZBA's legal authority to consider.

On the fifth and final variance, allowing a 14-foot wide driveway to access the property from West Main, Board Member Emma Kate Morrill-Mahoney struggled with her vote. She's expressed concern that the angle still wouldn't prevent cars from trying to use it as an exit. The zoning code calls for a 20-foot wide driveway, but that width would probably make it even more likely that patrons would use it for an exit, causing traffic issues. So if Morrill-Mahoney voted no, causing disapproval of the variance on a tie vote, the driveway would have to be 20-foot. When she realized her vote would potentially only make matters worse, she decided to vote yes.  

The Redfield Parkway residents who spoke uniformly raised concerns about traffic congestion.

"What does Dunkin’ Donuts have against the better neighborhoods in Batavia?" asked Donald Fryling. "First they build at the end of Ellicott Avenue, now they want to build at Redfield. What’s next, a donut shop on Naramore Drive?"

A Dunkin' Donuts at this location, between Barrett's Marine & Sporting Supplies and Five Star Bank, was first proposed a year ago and that proposal was rejected by city planners. Finley met with city staff and fashioned a new proposal to address the concerns of the city and the residents. The building will be Cape Cod style in design to better match the homes in the area; it's frontage will align with Barrett's to be a little more urban and less suburban sprawl in feel; and the driveways will be narrower to better channel traffic in the directions that least hinder the flow of traffic.

All of these changes necessitated approvals for variances from the ZBA, and since they were good faith efforts by the developer to address concerns, the ZBA couldn't just arbitrarily reject them. 

Among the questions raised through the planning process is why Dunkin' Donuts in this location? Why not another location?

Franchisee Mike Mikolajczyk said it's simple, this location makes the most business sense.

"It's absolutely the best location we could have in the city," Mikolajczyk said.

There have been marketing studies and traffic flow studies and all of the data singles out this location as the best one currently available among all other options.

"It's a great intersection, a great area, that's why everybody wants to be there and that's why it's busy, and that's where Dunkin' goes, a busy area," Mikolajczyk said.

Finley said the next step in the process is completing the architectural drawings and completing the purchase of the property.  The earliest the new shop could be open is prior to Christmas 2016.

Since a donut shop isn't a destination type of business, but a business that captures existing traffic, it's important to be where the traffic is, Mikolajczyk explained, and since it's not a destination, it won't add to traffic congestion, as some neighbors fear.

"I've visited with people in the neighborhood and they all have my phone number," Mikolajczyk said. "I don't' want to be a bad neighbor. I don't want to have people hate me before I even get in there, so I'm doing my best to be a good neighor and be a good businessman and asset to the neighborhood."

One reason the location is important to Mikolajczyk is that his current location -- on the corner of Ellicott Avenue and West Main -- does a great job of capturing eastbound traffic. It doesn't capture a lot of westbound traffic, and the new location will do that, he said.

Asked why this location instead of something on East Main, and Mikolajczyk kind of smiled. That may be coming, too, he said.