Stories from

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Jackson St. Grill/Belladessa's, 9 Jackson St., Batavia, NY: When it's time for a great hamburger, Jackson St. Grill will serve you among the best around. We have a $10 gift certificate for $5.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Two women were seriously injured in an early morning accident on East Main Street.

The accident occurred at 12:45 a.m. after a woman whose car became disabled called a friend for help. That friend was pushing the car from the middle of the roadway when another vehicle slammed into the disabled car.

The woman pushing the disabled car was struck and pinned between the vehicles. The disabled car was hit so hard it traveled another block down the street.

Both women were taken to Strong Memorial Hospital by ambulance.

The names of the women have not been released yet nor has the driver of the other vehicle been identified. That driver was not injured.

The accident remains under investigation by City Police and the State Police Accident Reconstruction Team.

(via WBTA)

UPDATE: The people involved have been identified:

• Pearl Jefferson, 19, of Rochester, was the driver of the disabled vehicle. She suffered a head injury.
• Megan McClurg, 19, of Perry, was Pearl's friend who was pushing her car. Megan suffered leg injuries.
• Brandon Gendron, 21, of Oakfield, was the driver of the second vehicle. He was not injured.

Jefferson was treated at Strong Memorial Hospital and released. McClurg is in satisfactory condition at Strong.

Police do not suspect drinking was involved. The investigation is pending. 

Gendron was driving a Dodge minivan and Jefferson was driving a Chevy Cavalier.

Landlords, if you expect to buy property through future city real estate auctions, you better make sure you don't have any prior code violations on your record.

At least that's the message the Batavia City Council decided to send tonight when it voted against selling a property at 9 Willow St. to Michael Pullinzi, who has reportedly been cited 13 times over seven years on five different properties.

"Our neighborhoods have problems and go bad one year at a time, one day at a time, one decision at a time," said Councilman Bill Cox in support of the motion to deny Pullinzi a chance to buy the property. "We need to start saying, ‘we’re no longer going to accept the status quo.'"

Pullinzi bid $21,000 for the property, which came up for auction after the city foreclosed on the land for non-payment of property taxes.

The second highest bidder, at about $20,500, will now be offered the property.

Council members Rose Mary Christian, Frank Ferrando, Sam Baron and Bob Bialkowski all voted against denying Pullinzi the land.

Ferrando said it was unfair to deny Pullinzi the property "out of the blue," when the council has never acted before on its discretion to deny an auction winner the real estate.

"We’ve never looked at this," Ferrando said. "It doesn’t mean we shouldn't. This is great. But I think we should from this point on work to put together a procedure and a process and be able to inform the citizens of our community this is the criteria established, if you’re going to bid on property, here are our expectations."

City ordinances allow the council to consider past history and decide whether the auction winner will be a responsible property owner.

Christian argued that the city has a code-enforcement officer and Pullinzi promptly responded to previous citations, fixing the problems in question.

City Council President Marianne Clattenburg favored taking a stand on this case to send a message to other landlords.

"There is a cost associated with opening up (those cases) and investigating them," Clattenburg said. "If you want to make the case that they’re closed that’s fine, but some of us have a problem with the fact that they existed in the first place."

After being interrupted by Christian, Clattenburg added, "The city had to hire another code-enforcement officer at considerable expense because of issues like this. Let’s not forget that we made it an issue to enforce this at considerable expense to the taxpayer."

Also sold at auction were 3 Roosevelt Ave. to Robert Norton for $35,000, and 3-5 Hutchins Place to Greg Post for $600. Both of those properties were sold following property-tax foreclosure.

The following properties were also sold: 432 South Jackson and 438-440 South Jackson to Richard Spicola for $3,100; 618 Ellicott St. Rear to Genesee & Mohawk Valley Railroad for $1,000; East Main Street Rear to Greg Post for $500; and, E/S Clifton Ave. to David J. MonteVerde for $500.

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The audience was quite small for tonight's public hearings on the proposed 2010/2011 City of Batavia budget and a proposed water rate increase.

Between the two hearings, one person -- John Roach -- made a statement.

City Council President Marianne Clattenburg said she wasn't surprised.

"It (the lack of turnout) tells me that they've probably contacted us personally," Clattenburg said. "They've been following things in the media and understand the position we're in and realize we're trying to work through some difficult times. As always we're open to listening to constituents and if they can't make it to the meeting -- lots of people do get their information from other sources -- and they let us know."

There was no vote taken tonight (that will come at the next council meeting), but this was the chance for the public to weigh in on a proposed 1.5-percent property tax increase and the first in a series of planned, gradual water rate increases aimed at raising money to fix infrastructure.

Clattenburg said the council has gotten ample feedback from members of the public prior to tonight's meeting.

"People have come forward," Clattenburg said. "They realize the reasoning behind the tax increase and what we're trying to do with the infrastructure improvements and I think they just support what we're trying to do."

Not surprising for Western New York in the middle of February, the cold and snow keeps coming.

Tonight, there will be some lake effect snow east of Batavia, but Batavia itself may get only minor dusting.

There will be a little snow Tuesday night, with 100-percent chance of snow on Wednesday, but it doesn't sound like it will be much of a storm.

Highs will be in the mid 20s with some, but not much, wind.

Picture: A very large icicle is forming from the waterspout off Strong Forge on School Street.

The Grand Jury has issued a two-count indictment against Lekisha M. Avant. Avant is charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 4th. The indictment alleges that on Feb. 8, 2005, Avant, while at the Days Inn, 200 Oak St., Batavia, did knowingly and unlawfully possess a narcotic drug, cocaine, with the intent to sell it. The indictment further alleges that on Dec. 29, 2009, Avant was again at the Days Inn and knowingly and unlawfully in possession one or more preparations, compounds, mixtures or substances containing a narcotic drug (cocaine) having an aggregate weight of one-eighth an ounce or more. (For initial arrest report, click here.)

The Grand Jury also issued a two-count indictment against Charles Brown. Brown is charged with aggravated unlicensed operation 1st and aggravated unlicensed operation 2nd. The indictment accuses Brown of driving on Aug. 20, 2009, on the Thruway through Le Roy when he knew, or had reason to know that his license was suspended. Brown allegedly was operating with 10 or more suspensions imposed on at least 10 separate dates. The alleged suspensions date back to Feb. 6, 2003.

An accident with either minor or no injuries has been reported in the area of 9718 Bethany Center Road, Bethany.

A vehicle reportedly struck a utility poll and rolled over.

There are electrical wires down in the roadway and fire police have been called in to shut down the road until repairs can made.

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Corey J. Hemmer, 23, of 91 S. Main Apt. B, Elba, is charged with petit larceny. Hemmer reportedly tried to return an empty box to Walmart at 6:41 p.m. Friday in exchange for a gift card. Hemmer reportedly received a gift card and after he left the customer service counter, employees reportedly discovered the box had no merchandise inside. Hemmer was located at a cash register attempting to purchase merchandise from the store.  When confronted by a loss prevention officer from the store, Hemmer allegedly ran from the store. When he was caught outside, Hemmer allegedly resisted detention. The loss prevention officer also reportedly spotted merchandise inside of Hemmer's jacket. Hemmer was eventually found hiding behind trees off Route 63.

Alice E. Coover, 34, of 112 Lake St., Apt. 1, Le Roy, is charged with three counts of unlawful dealing with a child 1st. Coover was arrested by Sgt. Michael J. Hare of the Le Roy Police Department for allegedly providing alcohol to three teenagers on Friday and Saturday nights.

Amy E. Loranty, 27, of 215 Bank St., Batavia, is charged with petit larceny. Loranty is accused of being in Target at 12:15 p.m. yesterday with her boyfriend and her two children when she allegedly stole articles of clothing.

Thomas C. Couse, 45, of 2728 Buffalo Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, failure to stop at stop sign and moving from lane unsafely. Couse was allegedly involved in a car accident at 3:20 a.m. Saturday at the intersection of Route 33 and 33A, Bergen. Couse allegedly left the scene of the accident and then was identified when he returned to the scene. The accident was investigated by Deputy John Weis.

Jason Norman Haacke, 32, of 47 Farnsworth Ave., Oakfield, is charged with DWI, driving with a BAC of .08 or greater and speeding. Haacke was stopped by at 8:59 p.m. Saturday by Deputy Jason Saile in Oakfield for allegedly speeding. He was then arrested on the alleged DWI charges.

Robert Alan Steavens, 41, of 3478 Spring Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, improper right turn, failure to dim headlights.  Steavens was stopped at 2:13 a.m. Friday in Darien by Deputy Jason Saile.

Ryan M. Bobzin, 21, of Bergen, is charged with harassment 2nd. Bobzin was arrested by State Police at 11:17 p.m. Sunday. No further details were released.

Accidents from the State Police blotter:

2:37 p.m., Feb. 6, Judge Road, Alabama, two vehicles; Driver 1: Wendi L. Kavenagh, 34, of Le Roy; Driver 1: Daniel J. Davis, 43, of Middleport. No injuries reported.

Two types of attic water damage are common in cold climates: ice dams and condensation of water vapor on cold surfaces in the attic.

Ice Dams

Ice dams sometimes occur on sloping roofs in climates with freezing temperatures. When the temperature in your attic is above freezing, it causes snow on the roof to melt and run down the sloping roof. When the snowmelt runs down the roof and hits the colder eaves, it refreezes.

If this cycle repeats over several days, the freezing snowmelt builds up and forms a dam of ice, behind which water ponds. The ponding water can back up under the roof covering and leak into the attic or along exterior walls.The right weather conditions for ice dams is usually when outside air temperatures are in the low 20s (°F) for several days with several inches of snow on the roof.

Research shows keeping the attic air temperature below freezing when the outside air temperature is in the low 20s can reduce the occurrence of ice dams. Research has also shown sun exposure in the winter has little effect on attic air temperature. Warm air from living spaces below penetrating into the attic is usually the culprit in the formation of ice dams.

Attic Condensation

Condensation of water vapor on cold surfaces in attics can cause attic wood products to rot, which can lead to costly repairs. Condensation typically occurs when warm, moist air migrates into the attic from living spaces below. Research indicates unusually high humidity levels in the home's living spaces is strongly associated with attic condensation problems.

Building codes have some requirements that attempt to prevent the problems of ice dams and attic condensation. But codes do not address all the issues, and many houses are built without following building codes. It is the builder or designer's job to understand the relationship of humidity and air movement when designing and constructing the house so these problems don't occur.

Prevention

• Prevent warm, moist air in living spaces from infiltrating into the attic with a good air barrier and appropriate water vapor control at the base of the attic.
• Provide good attic ventilation to replace warm air in the attic with cold outside air.
• Provide adequate attic insulation to reduce the transmission of heat into the attic from living spaces below.
• Consult a professional for the best way to avoid ice dams and water damage in your home.
• Tips on saving energy and more at home.

What not to Do

• Do not routinely remove snow from the roof. It will likely lead to shingle damage.
• Do not attempt to "chip away" the ice of an ice dam. It will likely lead to shingle damage.
• Do not install mechanical equipment or water heaters in attics, especially in cold climates.
• Do not use salt or calcium chloride to melt snow on a roof. These chemicals are very corrosive and can shorten the life of metal gutters, downspouts and flashings. Runoff that contains high concentrations of these chemicals can damage nearby grass and plants.
• Keeping the gutters clean of leaves will not reduce the occurrence of ice dams. However, clean gutters can keep them from overflowing and spilling rainwater next to the house. This can cause moisture problems in the house.

If ice dams are causing water damage

The following are short-term fixes. In order to avoid the same problem in the future, a qualified contractor should assess the amount of attic insulation and attic ventilation (especially around where the ice dam formed), and look for holes in the air barrier between the living spaces and the attic.

• If you see water staining at an exterior wall or ceiling where there is snow on the roof above it, act quickly to avoid extensive damage.
• Hire a contractor to carefully remove most of the snow from the roof above the ice dam. The contractor should avoid touching the roof with the removal equipment or even walking on the roof if possible. Cold roofs are more prone to damage because they are more brittle than they are in the summer.
• Have the contractor create one or two grooves in the ice dam to allow the ponding water to drain off. These grooves should not be taken down to the roofing as this may damage the roof. If necessary, the contractor can use heat tape in the groove on a temporary basis to keep the groove open.

State Farm® believes this information is reliable and accurate. We cannot, however, guarantee the performance of all items demonstrated or described in all situations. Always consult an experienced contractor or other expert to determine the best application of these ideas or products in your home.

Mercy Flight is being dispatched for an unknown medical situation on Drake Street Road in Elba.

Elba Fire has been called in to set up a landing zone in a field off of the intersection of Pekin Road and Drake.

In response to reports that the State Lottery is threatening to remove Batavia Downs video lottery terminals,  Joseph Gallo, chairman of the Western Regional Off-Track Betting Corporation, has issued the following statement:

Western Regional Off-Track Betting pledges to work with the New York State Lottery over concerns regarding the performance of Batavia Downs Casino. As part of our formal response, a special meeting of the Western Regional OTB Board of Directors has been called for Thursday, February 11, 2010. The meeting is scheduled to begin at 11 o'clock AM inside conference facilities located at Batavia Downs Casino. At that time, the Board will discuss elements of a comprehensive management improvement plan being requested by State regulators.

Here are the most viewed posts for January, 2010.

• County nursing home isn't up for sale, but the option is part of a proposed study
• Teller accused of stealing $45,000 from Bank of Castile in Le Roy
• Batavia Council votes against extra level of life-saving service for city residents
• Batavia mother accused of hurting baby
• Not raising taxes might be tough, council learns in first budget session
• Bus driver from Kid Rock tour pleads not guilty to DWI charges
• Attorney in fatal accident case seeks mobile phone records from other car
• Today's Poll: Should corporations have same political free speech rights as individuals?
• Co-owner of Latina Market location says group actively trying to sell property
• Hawley asks governor not to touch snowmobile fund

Also, we set a record for most visits to the site in January, hitting 155,782. That broke the December record, which broke the August record. August is still the biggest month for unique visitors and page views.

Cold enough for you today?  When I arrived at the scene of the Merrill Road fire this morning, my truck thermometer told me it was 13 degrees. It was so cold that even normally stoic firefighters made comments about it.

Well, it should be a little warmer tomorrow -- all the way up to 20 degrees.

There's a 50-percent chance of more snow tonight and a 40 percent chance of light snow tomorrow afternoon.

By Monday, we get into some "partly sunny" weather with a high of 23 degrees.

The next real prediction for snow comes on Thursday, and a high of 27 that day.

Stay warm. Only six more weeks of winter.

Above, a picture from this morning of the vacant Sunny Brook Acres building on Drake Avenue in Oakfield.

A two-vehicle accident with two people injured has been reported at the intersection of Main and Oak, Batavia.

UPDATE 5:48 p.m.: One of the drivers is being arrested. She allegedly has "a bunch of suspensions." The arresting officer said, "We'll be getting some bail on her."

A car in a driveway at 31 Buffalo St., Bergen, is on fire.  It is reportedly close to a structure.

First responder from Bergen Fire is on scene. He describes it as "a working car fire."

UPDATE 5:31 p.m.: The fire is being held to the response of one Bergen engine.

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Harley sure seemed to enjoy being the center of attention today at Carlson's Studio, where he was one of several dozen pets today who posed for a professional portrait by Ameka Cooper.

The Kilner family brought in 15-month-old Harley and then helped get him posed for his shots. He was a little too excited at times to cooperate. And when a flash went off, he was sure it was something he needed to chase.

Above, Jaylene and Shay try to get Harley to settle down long enough to pose for Ameka.

Below, Dan takes on the role of calming influence on Harley.

Proceeds from today's pet portraits will benefit Volunteers for Animals.

If you had your pet portrait taken, don't forget to submit your pet to our Pet of the Week contest by sending a picture to (pets  (at)  the batavian dot com) (reassemble the e-mail address, of course).

It's ready to go and a club member told me this morning that Sno-Packers are feeling pretty confident that the Town of Alabama Board is going to approve the agreement with Genesee County this week that will enable the club to reinstall its bridge on Sour Springs Road.