batavia

Tops announced the same-day home delivery service being available across the chain’s footprint in Buffalo, Rochester, and Syracuse, as well as Erie, Pa., in the last quarter of 2017. Tops anticipates rolling out the service into most of its remaining stores by the end of first quarter of 2018.

As one of the region’s largest supermarket chains, Tops customers throughout the geographic footprint, whether residing in a larger city or a rural community, now have access to same-day home delivery from Instacart. 

Thousands of items including fresh meat, seafood, and produce literally are right at shoppers fingertips and delivered to their doors in as little as one hour. Customers will not only find a vast majority of Tops in store deals online, but will still find the brands they love, all while earning the gas points they value that they can redeem when they visit Tops fuel stations.

For more information on Instacart delivery from Tops please visit TopsMarkets.com/Instacart.

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Tops Markets LLC, is headquartered in Williamsville and operates 169 full-service supermarkets with five additional by franchisees under the Tops banner. Tops employs more than 15,000 associates and is a leading full-service grocery retailer in New York, Northern Pennsylvania, and Western Vermont. For more information about Tops Markets, visit the company's website at www.topsmarkets.com.

Press release:

The City of Batavia Water Department is on location of a water break in front of 53 Otis St. The water service will be interrupted on Otis Street from Ellicott Street to South Jackson Street.

We appreciate your understanding while this repair is made. Please avoid the area if possible. Every effort will be made to keep water service interruption to a minimum.

This work may result in a period of discolored water in this general area after service is restored. Residents should check to make sure water clarity has returned before resuming activities such as laundry which may be impacted. 

UPDATE 10:45 a.m.: The break is repaired. The crew did not need to turn off water to residents. The street should be open by noon.

A car has reportedly hit a pedestrian at West Main Street and Thomas Avenue, Batavia.

The victim has an injured foot.

City fire and Mercy EMS responding.

UPDATE 9:12 a.m.: The accident victim was reportedly told by somebody to leave the scene after being hit and is now at her job location. City fire is back in service.

Batavia High School Ice Blue Devils played Notre Dame Fighting Irish in a crosstown game tonight.

A packed arena was there to witness Notre Dame's total domination of Batavia HS. Notre Dame scored in the first few minutes of the first period and continued scoring until the end of regulation.

Batavia HS had a few shots on goal and at the end of the first period was able to control the puck for a few minutes. Outside of that, they did not offer much resistance to Notre Dame.

Final score, Blue Devils 0 Fighting Irish 10.

After the game players form both teams posed for pictures together for their parents. Hockey aside, the players from both teams are all friends and neighbors. 

Though there was no announcement to the media that she was coming, Sen. Kirsten Gillibrand spent about an hour in Batavia this morning meeting with constituents at the Richmond Memorial Library.

A camera crew from CBS's 60 Minutes accompanied her.

After the meeting, she agreed to a two-minute interview with The Batavian.

The meeting, she said, was arranged by her staff, who reached out to local agencies that provide assistance to area residents and those agencies selected attendees to the discussion.

"I wanted to hear directly from my constituents about their lives and what's going on and what challenges they have because I often find that people in Washington are so disconnected from reality and the people we represent," Gillibrand said. "I think Washington is pretty much broken so I like to come into my communities and listen to their stories directly and hear exactly what their challenges are."

She said the conversation was productive.

"What we heard was really interesting," she said "There is a lot of strain on costs of child care, access to affordable quality daycare, lots of strain on just putting food on the table and having health care they can afford. There is a real need for higher wages or more job opportunities and then lowering costs for both child care and health care."

While this was not a campaign stop, we asked about the 2018 campaign when she's up for reelection.

"I just want to make sure I'm fighting for the right things, and what these listening opportunities do for me is let me hear directly from people about what really is troubling them," she said.

We asked her about the potential for an infrastructure bill in 2018 and what it might mean for Genesee County.

"I want to be optimistic about that because the one thing we all agree on is we really need to rebuild our state and rebuild our country," Gillibrand said. "There's such an eagerness for better roads, bridges, sewers, electric grid, high-speed rail, better rail. I mean it's an unlimited need in our state. We have, I think, the last number I heard was $70 billion of unmet sewer needs. We had over 2,000 bridges that needed some kind of structural repair. I'm hoping that this can be the one really good bipartisan things we can work on."

There is often speculation that Gillibrand is thinking about a run for president in 2020.

She said, "I'm focused entirely on 2018 and I really want to serve in the Senate. I feel privileged and honored to serve."

All the talk in political circles this morning was about Oprah Winfrey speech last night at the Golden Globes and whether she might be thinking of a run for president in 2020. 

With the mention of Oprah's name, Gillibrand said, "She did a great speech, inspiring and important." Asked if Oprah should run, Gillibrand said, "Whatever she wants to do. She's awesome."

Photos: Before Gillibrand entered the library this morning, she noticed a mother and her two children watching her enter, so she went over and greeted them and asked if they wanted to pose for a picture. They left before I could get their names.

Press release:

More than 200 local high school students will be participating in the inaugural Health Career Day at Genesee Community College in Batavia on Tuesday, Jan. 9^th.

The event is from 9:30 a.m. to 1 p.m. and will provide Genesee County students the opportunity to learn about high-growth and high-demand health careers and meet with medical professionals from over 10 different fields, including laboratory technologists, first responders, nurses, physical therapists, sonographers, radiologists and more.

Students will also participate in the Health Care College and Career Fair in the William W. Stuart Forum from 12 to 1 p.m., where they will meet with representatives from more than 20 colleges and health care providers.

The BEA Health Career Day is a special collaboration between the Genesee County Business Education Alliance (BEA), Rochester Regional Health United Memorial Medical Center, Genesee Community College Accelerated College Enrollment Programs, and the Michael Napoleone Memorial Foundation.

Our mission is to promote employment opportunities with tomorrow’s workforce, as jobs in healthcare occupations is projected to grow 19 percent from 2014 to 2024, much faster than the average for all occupations. The BEA Health Career Day will help secure the health and wellness of Genesee County for generations to come.

For more information, contact Genesee County Business Education Alliance Director Karyn Winters at KWinters@GeneseeNY.com or 343-7440.

Legal troubles are mounting for Eddie Lee "Pops" Miles after he was arrested on a warrant for allegedly selling crack cocaine on two occasions to an agent of the Local Drug Task Force.

Yesterday morning the 46-year-old Miles was arrested following a domestic incident at 207 Washington Ave., Batavia, where he allegedly tried to barricade himself in an apartment with a couch and then set it on fire.

After a standoff, because Miles had allegedly threatened to shoot police officers, Miles exited the burning apartment through a back window and refused to come down from a roof, before agreeing to climb down a ladder.

The District Attorney's Office is reviewing the case and has yet to recommend charges against Miles.

Meanwhile, the Sheriff's Office announced that Miles is being charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Cases against Miles are still open from 2017 when he was charged with criminal obstruction of breathing, torturing or injuring animals, unauthorized use of a vehicle, and criminal contempt.

Miles was arrested in August for allegedly putting his arm around the neck of another person and injecting a dog with an unknown purple liquid.

In July, he allegedly took a car belonging to another person without permission.

Following arraignment on the drug charges, Miles was returned to the Genesee County Jail without bail.

Dalton Chadwick Kelley, 20, of Chase Park, Batavia, is charged with attempted assault, 3rd, and harassment, 2nd. Kelley is accused of hitting another person in the forehead and of hitting a police officer during an incident at 11:03 p.m. Jan. 3 on Chase Park, Batavia. Kelley was jailed on $2,500 bail. Kelley is also accused of keying two vehicles at 6:25 p.m. the same day and was charged with two counts of criminal mischief, 4th.

Austin L. Wester, 23, of Pratt Road, Batavia, is charged with four counts of possession of a forged instrument, 2nd. Wester is accused of forging four checks belonging to another person in order to cash them.

Devon Devonanir Rodgers, 30, of Pearl Street, Batavia, was arrested on a warrant out of City Court for alleged violations of the terms of his conditional release.

Alicia Michelle Gomez, 42, of South Main Street, Batavia, is charged with violation of probation. Gomez was released on a warrant stemming from a complaint in February. Gomez was jailed on $2,500 or $5,000 bond.

Frankie J. McQueen, 26, of Snipery Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, illegal signal, and aggravated unlicensed operation, 3rd. Officer Chad Richards was dispatched at 6:51 p.m. Dec. 27 to the area of Thomas Avenue for a report of a red Chevrolet Cobalt being driven erratically and at a high rate of speed. The vehicle was located and stopped at McQueen was identified as the operator.

Samuel A. Torrelli, 24, of Stage Road, Albion, is charged with unlawful possession of marijuana and inadequate headlights. Torrelli was stopped at 10:30 p.m. Dec. 28 on East Main Street, Batavia, by Officer Mitchell Cowen.

Winston A. Lockhart, 22, of Holland Avenue, Batavia, is charged with two counts of harassment, 2nd. Lockhart was arrested on a City Court warrant after police were dispatched to 29 Holland Ave., Batavia, to investigate an unrelated disturbance. 

Zachary J. Marrow, 26, of Seven Springs Road, Batavia, was arrested on two warrants for alleged failure to appear in City Court after being served subpoenas. Marrow was located by Deputy Mathew Clor and turned over to Sgt. Eric Bolles and arraigned in City Court.

Levi Spikes Jr., 44, of Lewis Place, Batavia, is charged with unauthorized use of a motor vehicle, 3rd, speed not reasonable and prudent, leaving the scene of a property damage accident, unlicensed operator, driving without insurance. Spikes was allegedly involved in a motor-vehicle accident at 9 a.m. Jan. 1 at 56 Harvester Ave., Batavia.

 Jacob J. Sponaugle, 18, of Liberty Street, Batavia, is charged with driving while impaired by a combination of alcohol and drugs, aggravated unlicensed operation, 3rd, driving a vehicle without an inspection sticker, failure to keep right, and unlawful possession of marijuana. Sponaugle was stopped at 9:46 p.m. Dec. 29 on East Main Street, Batavia, by Officer James Prusak.

Joseph Michael. Smith, 41, of State Street, Batavia, is charged with petit larceny. Smith is accused of stealing from his employer, a gas station and convenience store at 629 East Main Street, Batavia, in November. Smith was also charged with petit larceny for allegedly shoplifting from Dick's Sporting Goods.

Justin T. Gladney, 28, no permanent address, is charged with unlawful possession of marijuana and criminal trespassing, 3rd.

James Derek Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd. Wert was allegedly involved in an incident at T.F. Brown's on New Year's Eve where he violated an order of protection and struck another person in the face. 

Jonathan R. Hyman, 45, of Drake Street, Oakfield, is charged with unlawful possession of marijuana, driving a vehicle without an inspection sticker, and criminal possession of a weapon, 3rd. Hyman was stopped at 4:08 p.m. Saturday on Main Street Road, Batavia, by Deputy Kyle Krzemien.

Christopher Patino, 23, of Eagan Boulevard, Henrietta, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, and following too closely. Patino was stopped at 7:11 p.m. Friday on Route 77, Pembroke, by Deputy Micheal Lute.

Kenneth Joseph Rumble, 28, of Maple Road, Alabama, is charged with possession of a hypodermic instrument. Rumble was allegedly found in possession of a needle during a search by a probation officer.

Michael A. Shetler, 27, of Stafford, is charged with menacing, 2nd, unlawful imprisonment, criminal mischief, criminal mischief, 4th, acting in a manner injurious to a child. Shetler was arrested by State Police in relation to an incident reported at 9:29 p.m. Saturday in Stafford. No further details released.

Ricky O. Cooper, 40, of Le Roy, is charged with harassment, 2nd. Cooper was arrested by State Police in relation to an incident in Pavilion reported at 11:20 p.m., Nov. 21. No further details released.

James M. Caccamise, 29, of Byron, is charged with forgery of a deed or will. Caccamise was arrested by State Police. No further details released.

Snowy owls have returned to the area. There are currently an estimated three to five in Genesee County. We did not have any consistent sightings last year like we did a few years ago.

This year’s snowy owl irruption (a sudden sharp increase in the relative numbers of a natural population usually associated with favorable alteration of the environment) was caused by a four-year cycle of lemming births that lead to an abundant food supply for the owls in the Arctic Circle this last spring and summer. This large food supply lead to a larger than normal birth rate of owls. Because there are more snowy owls, the young ones need to go further away in the winter to find uncrowded hunting grounds. This is why we currently have so many birds here in Western New York.

The 2014-2014 snow owl irruption was the largest on record (records have been kept on snowy owls since 1890) Given the number of snowy owls that are currently in NY State, this year may surpass even the 2013-2014 irruption.

If you go out to see this winter's snowy owls or any of the other area raptors, please be courteous and safe when doing so. Respect all rules of the road and private property. If you are observing the birds with binoculars try to stay in your car to use it as a blind. If you are trying to photograph the bird, a lens over 400mm is suggested. Do not approach the bird any closer than 100 yards. If the bird is closer than 100 yards to the road it is considered OK to observe from your car. 

A Washington Avenue resident with a criminal history and wanted on a warrant was taken into custody this morning after police were called to a domestic incident where he allegedly threatened to shoot police and later set fire to his own apartment.

Eddie Miles eventually came down a ladder from the back of the apartment on his own, which allowed firefighters to begin attacking the fire in the second floor and attic of 207 Washington Ave., Batavia.

He was taken to the hospital for evaluation of injuries sustained in the domestic incident and the subsequent blaze.

Batavia Police Officer Marc Lawrence said the dispatch center received a call about a domestic incident at the upper apartment at 8:55 this morning. Two officers quickly responded and Miles allegedly smashed a window and threatened to use a firearm against them.

At that point, a perimeter was established in the neighborhood with the aid of the Sheriff's Office and State Troopers. There was a reverse 9-1-1 call placed to neighbors near the scene, telling them to lockdown, shelter in place. 

Police grabbed a ladder from neighbors at the scene, though the woman jump from the stoop roof into the arms of police officers. She was taken to the hospital for the evaluation of injuries sustained in the domestic incident, Lawrence said.

A fire, believed to have been intentionally set by Miles, broke out in the rear of the upper apartment. Miles refused to leave and kept calling 9-1-1, demanding to speak with the female, who had by then been transported to the hospital.

As smoke poured from the house, police were concerned for the safety of firefighters with a potentially armed suspect still at large. The firefighters could not approach the house. An unarmed Miles came out on the roof. Between the very cold weather and the house fire, Lawrence said the bare-footed Miles had some incentive to climb down the ladder unaided. 

He was taken into custody.

Fire scene commander Lt. Greg Ireland said it goes against a firefighter's nature to sit back and watch a house burn but until the suspect was in custody that was all city crews could do. They were initially called to the scene to assist with rescuing the woman from the house, which was not yet on fire when they were called. Once they were cleared to attack the fire, firefighters made quick work of it and contained the fire to the second floor and attack.

Lawrence said police are not certain Miles actually had a firearm; none was found.

At about 1 p.m., City Fire cleared the scene, but police and code enforcement remain on Washington Avenue and the duty sergeant has informed dispatch, this incident will tie up the officers who responded for much of the rest of the day. Additional patrols are on duty.

In addition to other arrests over the past few years, Miles was a suspect in a choking incident and the injection of a purple liquid into a dog in August.

UPDATE 7 p.m.: In response to rumors being spread on social media, we asked if the police used tear gas. Chief Shawn Heubusch said there was no tear gas used. Further, police believe evidence points to Miles starting the fire, not the police.

Photos by Howard Owens. Howard Owens contributed to the reporting of this story.

Video submitted by Jim Horncastle.

UPDATE: Photo submitted by Jim Horncastle.

Press release:

The third ARTiculations Ability Exhibition -- a forum for artists with disabilities in Genesee, Wyoming and Orleans counties to display their work publicly -- will open at Independent Living of the Genesee Region (ILGR) in Batavia on Jan. 19.

Titled "8 X 10," it features the work of Chris Humel, who uses intensely hued acrylics, to depict postage stamps and other mail-related themes. Twenty years ago, he cofounded the still-active band BC Psychos; he will be teaching a five-week course, “Cartoons by Kids” for young people 10 to 15, at GO ART! (Genesee-Orleans Regional Art Council) in Batavia.

A product of a partnership between ILGR and the University Heights Arts Association (UHAA), the exhibit will be on display through March 29^th. The opening reception, featuring Humel on his guitar, is 5:30 to 7:30 p.m. on Friday, Jan.19th at ILGR’s office, 113 Main St., Suite 5, in Batavia. 

In Humel's own words, "I am a person with disabilities. I am 55 years old. I have been battling schizophrenia and related depressing problems for most of my life. My work is about breaking out of isolation and 'going postal' in a good way, by making contact with artists, writers and through the Post Office."

Other artists with disabilities residing in Genesee, Orleans and Wyoming counties are encouraged to submit their work to this juried competition, as there will be additional ARTiculations planned quarterly exhibits in the future.

For over a year, ILGR has been “art partnering” for people with disabilities with the UHAA, a group of artists in North Buffalo with a commitment to community that places art in businesses and nonprofits through an established ARTpartnering program.

The organizers are pleased to note that the ARTiculations Ability Exhibitions has “mapped” into UHAA’s system by placing a plaque with a Quick Response (QR) code scatter bar graph that can bring up information about it when scanned by your smartphone.

For questions on the event, please call Patricia AbdusSalaam at (585) 815-8501, ext. 400. 

Independent Living of the Genesee Region (ILGR) is a member of the Western New York Independent Living Inc. family of agencies that offers an expanding array of services to aid individuals with disabilities to take control of their own lives.

A reader provided these photos of a police barricade on Washington Avenue that is apparently in progress now.

For the past 30 minutes or so there has been a lot of encrypted/scrambled communication on the scanner. 

We have no further information at this time on the incident.

UPDATE(S) (By Billie) 9:50 a.m.: There's a structure fire here. Black smoke is billowing from the attic of a house. City fire and Mercy medics are responding, The location is between Tracy Avenue and Bank Street.

UPDATE 9:56 a.m.: One person is in custody. There are no life-threatening injuries. The address is 207 Washington Ave. Elba Fire Department is called to provide city firefighters with mutual aid. Sgt. Dan Coffey said this started as a domestic incident and that the subject in custody is suspected of starting the house fire.

UPDATE 10:13 a.m.: Officer Marc Lawrence said a female was rescued from the house fire; she did not have life-threatening injuries.

Press release:

The Batavia Police Department has received multiple complaints of a robo-call scam from Apple saying your iCloud account has been corrupted. Apple has been contacted and confirmed they do not make robo- calls to notify customers of corrupted accounts.

The Batavia Police Department would just like to remind the citizens not to provide any personal or bank information over the phone.

If you feel you have been part of this scam or a similar scam, you are encouraged to contact the Batavia Police Department and file a complaint with the FBI’s Internet Crime Complaint Center (IC3). www.ic3.gov

Press release:

Alzheimer’s disease is not a normal part of aging. It is a progressive and fatal brain disease that is the most common form of dementia.

“The Basics: Memory Loss, Dementia and Alzheimer’s Disease” is a free class presented by the Alzheimer’s Association Western New York Chapter for anyone who would like to know more about the disease and related dementias.

The program will be offered at The Manor House (427 E. Main St.) in Batavia at 5 p.m. on Wednesday, Jan. 10.

Attendees will learn:  

• Symptoms and effects of Alzheimer’s disease and other types of dementia
• How Alzheimer’s affects the brain
• Causes and risk factors
• How to find out if it’s Alzheimer’s disease 
• The benefits of early detection
• Treatment
• Resources in your community, including the Alzheimer’s Association WNY Chapter  

There is no cost to attend this public presentation, but registration is encouraged by calling 1.800.272.3900.

Town of Batavia fire is on scene at Quality Inn & Suites in Batavia, where a chief has reported a broken sprinkler system has caused flooding.

He's requested code enforcement to the scene to assist.

If you found an intruder in your house, would you know what to do?

Even if you were armed, would you know what to do?

Or would you panic?

Training in advance of stressful situations is key to surviving potentially hazardous conflicts and defusing them safely for yourself, your family members and even the intruder.

M&S Tactical Solutions in Batavia has set up an Active Home Invasion System at its facility in the Harvester Center in Batavia.

It's designed to provide training for the company's primary clients, local residents who want to improve security in their home, especially if they keep a firearm.

Yesterday, Sheriff William Sheron and members of his command staff -- Greg Walker, Jerry Brewster, Bill Zipfel, and Joe Graff -- toured the new facility (along with Mercy medic Wade Schwab) and Zipfel and Graff both went through simulated home invasion scenarios to experience how the training works.

"I like it because it’s realistic," Zipfel said. "It's not like our tower. There’s actual furniture. It’s really nice."

While the AHIS is set up to train civilians, it's also used by local police officers to get extra training and practice in detecting and reacting to threats in real-life scenarios.

Participants, if armed, are armed with realistic-looking airsoft pistols and wear face masks.

When it's civilians going through, they are given a basic firearm safety course, even if previously trained, just to make sure everybody is on the same page, said M&S owner Jeff McIntire. Then they're put in a scenario to see how they handle it. McIntire and his staff monitor the home invasion scenario thorugh closed circuit video so they can review how things played out with the participants.

"We don’t give them anything at first," McIntire said. "We put them over there because we want to see what your natural reaction is. I want to see what you naturally do. Then we come back here and debrief. Now we can start actually talking about what to do."

One recent participant fired first and asked questions later. That's a measure, McIntire said, of how realistic and stressful the scenarios can be. The adrenaline pumps and your autonomic systems take over and pushes your mind into "fight or flight" mode.

Getting past those automatic responses is what training is about. Repetition helps build up a kind of muscle memory that helps you stay calm and make better decisions.

To help teach the importance of good decision making, not all of the "intruders" are hostile. They might be an Alzheimer patient who is convinced he's in his own home, or a neighbor just knocking on your door. The intruder might even be your wife home early from work. In other words, not every scenario is hostile but could end in tragedy without proper training.

And not every intruder deserves to be shot. A TV, McIntire noted, is not worth a person's life. Participants are taught to better recognize which intruders pose a real life or limb threat to themselves or a family member.

The scenario yesterday for Graff involved the chief deputy just returning home from work. There is an intruder going through his belongings in his bedroom. At some point, the intruder comes out of the room and Graff became aware he was there. In this case, Graff drew his pistol and shouted for the intruder to put his hands where he could see them and get on the ground. As the intruder went down, he was instructed to reach for his mobile phone in his pocket. Graff yelled for him to put his hands back up and the intruder fumbled with his phone and drop it. Graff did not fire.

In the other scenario, Zipfel came home, grabbed a beer and went in the bedroom to ly down. Then two intruders entered. They began searching the living room for items and Zipfel heard the noise. He crouched down, entered the room, spotted the intruder and ordered him to the ground. As he approached the intruder, the second intruder started to enter the room from the kitchen, gun pointed at Zipfel. Zipfel shot him.

In both cases, with their boss Sheriff Sheron watching, they made the right decision.

While officers who use the facility for training aren't earning any sort of certification, McIntire said he recognizes the need for officers to get numerous repetitions of potentially dangerous situations to help improve their decision making.

Whether civilian or officer, repetition and review are key training tools for improved performance.

Without training, McIntire, people often revert to what they've seen on TV or in a movie, and that's not a good place to be.

McIntire said, "We stress getting people to that point with muscle memory where they say, 'I don't have think. I just know what to do.' "

Top photo: The tour in the living room apartment. Next two photos, Graff during his scenario. Fourth photo, monitors showing Zipfel's scenario. Bottom, McIntire and Walker in the facility's firing range (where airsoft guns are used). 

Press release:

Cornell Cooperative Extension Genesee County will host a program titled “Overfed and Undernourished” at 6 p.m. on Wednesday, Feb. 14, at the Extension Center at 420 E. Main St., Batavia. This workshop for adults is free to attend, but space is limited.

The program will be presented by Ian Cramer (MS, ATC), who has been living a plant-based lifestyle for eight years and earned a certificate in Plant-Based Nutrition from eCornell in 2016. He is an educator, podcaster and endurance cyclist living in Rochester.

Come and discover information on weight loss, cravings, common nutrition myths, and ways to live a healthy, disease-free lifestyle. For more information about Cramer, visit https://www.plant-basedcyclist.com/

We will also discuss chronic diseases such as diabetes, heart disease, and cancer, and how they start, progress, and can be prevented or even reversed using diet and lifestyle changes.

Please register for the workshop by contacting Samantha at 585-343-3040, ext. 123.