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Report of house fire on McKinley Avenue

By Howard B. Owens

A fire with flames showing is reported at 3 McKinley Ave., Batavia.

The fire is reportedly in the bathroom.

City fire responding.

UPDATE 9:24 p.m.: Fourth Platoon requested to headquarters.

UPDATE 9:34 a.m.: Command reports "the situation is under control; beginning overhaul."

UPDATE 10:30 a.m.: City fire's response time was under two minutes and Chief Steve Napolitano said the city crew's fast, aggressive action saved the house. “The guys put a good knock on the fire and confined it to the room of origin," he said. A grandfather and two grandchildren were home at the time the fire was discovered. They safely evacuated before fire crews arrived. The cause of the fire is still under investigation.

UPDATE: Photos by Frank Capuano.

 

Extra DWI patrols planned for now through Labor Day Weekend

By Howard B. Owens

Press release: 

Genesee County STOP-DWI Coordinator Matt Landers announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy police Department will participate in a special enforcement effort to crackdown on impaired driving.

While we spend the Labor Day holiday and the end of summer celebrating with our loved ones, law enforcement officers across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives. The statewide STOP-DWI Crackdown efforts start on Aug. 18th and will end on Sept. 4th. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

Research shows that high-visibility enforcement can reduce impaired driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem.

According to new data released by NHTSA, the nation lost 35,092 people in traffic crashes in 2015, ending a five-decade trend of declining fatalities with a 7.2-percent increase in deaths from 2014. The data showed a 3.2-percent increase in drunk driving fatalities, resulting in 10,265 deaths in 2015, compared to 9,943, in 2014. The vast majority of drivers involved in these crashes were behind the wheel of a passenger car or SUV.

The STOP-DWI Labor Day Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from our STOP-DWI Foundation and the Governor’s Traffic Safety Committee. Throughout the remainder of the year the Statewide STOP-DWI Crackdown Campaign will also target Halloween and the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol- and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving. Have a safe and happy Labor Day Weekend!

South Jackson building destroyed in fire six months ago being torn down

By Howard B. Owens

A residence at 404 S. Jackson St., Batavia, that was destroyed in a fire March 8 is finally coming down.

A demolition crew started its work this afternoon.

One worker said there have been people coming by today and applauding their work.

The bank that took possession of the property is paying for the demolition.

UPDATE: Photo by Steve Ognibene:

Labor report says 100 more jobs in county in July

By Howard B. Owens

Genesee County added 100 more jobs in July, in a year-over-year comparison, according to data released today by the NYS Department of Labor.

In July 2017, there were 23,700 jobs in the county, compared with 23,600 a year ago.

Over the past decade, the highest job count for July was in 2014, with 23,800 jobs. 

The state added 18,800 jobs in July, according to the report.

Concern raised about mental health of defendant accused of attacking dog

By Howard B. Owens

A potential plea deal for a man accused of taking a woman's mobile phone and punching a beagle was put on hold in County Court this morning after his attorney expressed reservations about his client's ability to comprehend the court proceedings.

Attorney Micheal Locicero said that based on a recent mental health evaluation and his own conversation with his client this morning, he's concerned that Shawn M. Twardowski is confused by the proposed plea deal.

Assistant District Attorney Robert Zickl objected to a request for a detailed mental health examination.

"There didn't appear to be an issue when the defendant was seeking a judicial diversion," Zickl said. 

After a sidebar with the two attorneys, County Court Judge Charles Zambito said he would like more information from the counselors at the Mental Health Association who examined Twardowski.

Zambito did not grant what's known as a 730 exam, which is a mental health exam aimed at determining a defendant's mental fitness to proceed with a legal case. 

"I want more information, more specifics," Zambito said.

Twardowski, 34, was arrested Jan. 26 following an incident on Bank Street where Twardowski allegedly strangled and punched a beagle and stole a woman's mobile phone, then when police arrived, barricaded himself in a bedroom. He allegedly struggled with officers once they gained access to the room.

A follow-up hearing is scheduled for 10:30 a.m., Sept. 1.

Man who threatened neighbor, tried to start fire on Christmas Eve given five years in prison

By Howard B. Owens

A 33-year-old Le Roy man arrested on Christmas Eve for threatening to kill a neighbor and starting a fire with a blowtorch will spend the next five years in State Prison.

Matthew McCracken, who was babysitting a 2-year-old child at the time of the incident, and previously pled guilty in the case.

He had been charged with attempted criminal mischief, 4th, harassment, 2nd, attempted arson, 2nd, and endangering the welfare of a child, for the incident at 10 1/2 Clay St., Le Roy, the night of Dec. 24.

This is his second felony offense.

Tompkins Insurance makes donation to Michael Napoleone Memorial Foundation

By Howard B. Owens

Press release:

Tompkins Insurance Agencies and The Selective Insurance Group Foundation joined forces to support the Michael Napoleone Memorial Foundation.

The Michael Napoleone Memorial Foundation was established in 2007 in memory of Michael C. Napoleone, the 8-year-old son of Mark and Laurie Napoleone from Batavia, who died from Burkitts Lymphoma/Leukemia, an aggressive form of blood cancer.

During Michael's illness, the community rallied around the family to assist with food, gas, medical bills and other necessities. The not-for-profit foundation was created to give back to those who cared, to give forward to those in need, and to support research efforts in finding a cure for childhood cancer.

“The Michael Napoleone Memorial Foundation is a special organization, and its commitment to supporting those in need in our community is inspiring,” said David S. Boyce, president and CEO, Tompkins Insurance Agencies. “We are privileged to show our support through this donation.” 

The $300 donation from Tompkins Insurance Agencies was matched by a $300 grant from The Selective Insurance Group Foundation. The Selective Insurance Group Foundation is a philanthropic affiliate of Selective Insurance Group, Inc.

“At Selective, Response is everything®… and this includes responding to the communities where we live and work to give back and help those in need. Together with Tompkins Insurance Agencies, we are proud to support the Michael Napoleone Memorial Foundation and its efforts to make a difference in the community,” said Chuck Musilli, senior vice president, Distribution Strategies, Selective.

No more openings in Muckdogs youth baseball camp

By Howard B. Owens

Press release:

Due to a tremendous response from the community, the Muckdogs 2017 Youth Baseball Clinic to be held on Aug. 30th is completely filled up and registration is now closed. We will accept any mailed registration forms postmarked on or before Aug. 16th.

For those who did not sign up in time, please keep an eye out for the Muckdogs’ Youth Clinic in 2018.

Batman beanie bank robber pleads guilty

By Howard B. Owens

A Niagara Falls man who walked into the Key Bank branch in Batavia in December wearing a Batman beanie and walked out with more than $10,000 in cash entered a guilty plea to robbery in the third degree yesterday.

Joel Zsebehazy, 33, an Iraq War vet who has a prior criminal record that includes bank robbery, will be sentenced Sept. 18.

Zsebehazy was arrested in April near Belle Rose, La., after being identified as Batavia's warrant suspect by authorities there.

Public assistance sought in locating vehicle stolen in the Village of Le Roy

By Howard B. Owens

A car that looks like this one (not actual picture) is missing in Le Roy. It went missing Aug. 9 during the early morning hours.

Le Roy PD is asking the public's assistance in determining its location and possibly who stole it from the East Avenue -- East Main Street area of the village. Anyone with information is asked to call (585) 345-6350.

Chief says body cameras proving beneficial for Batavia PD

By Howard B. Owens

With a grant from the state's Division of Criminal Justice Services, Batavia PD will be able to outfit all officers with body cameras, Chief Shawn Heubusch told the City Council on Monday night.

In all, the $10,000 grant combined with funds already appropriated in the city budget will mean the department has a total of 32 body cameras.

"They're absolutely valuable," Heubusch said after the meeting. "I wouldn't be asking for 32 of them if I didn't think they were valuable. As far as from a prosecutorial standpoint, it collects evidence and firsthand accounts when this story is unfolding. So from that perspective, it helps in the prosecution aspect of a crime. When you're dealing with a victim or a suspect you have that person on film saying what they said, acting the way that they were acting at that point in time, and that could be introduced into evidence or it can be used to get a plea deal."

Twice the cameras have helped clear up accusations against officers by suspects, Heubusch said, so they've proven valuable in that respect as well.

"I think we see a lot more positive reaction (from officers) because they were very suspicious at first," Heubusch said. "They wanted to know, 'what are we getting ourselves into?' But the first time that they're dealing with the drunk alongside the road and they're able to go back and review that footage and see this is exactly what this person said, this is exactly how the person acted, and then present that in court, they see it's been very beneficial, or in the instance where somebody comes forward with a false claim against them."

Officers are supposed to activate the camera anytime they are responding to a "hot" call, Heubusch said. The camera should be on anytime there is an enforcement action.

Of course, Heubusch said, officers are human and in an active situation, turning on a body camera is not always the first thing that comes to mind.

"That's the first thing you forget to do is turn that on," Heubusch said. "In most cases that is the first thing you want to see, you want to see that turned on. So we understand there's a human element as well. So you know there is enough room within the policy to give the officers some individual leeway."

Officers also have the discretion to turn the camera off in situations where privacy is paramount, such as cases involving juveniles, especially as victims, confidential informants, or sensitive domestic calls, depending on the circumstances.

City Council asked to mull over draft of new comprehensive plan

By Howard B. Owens

Nearly two years in the making, a draft of a new comprehensive plan for Batavia has been presented to the City Council and soon it will be up to council members to decide what kind of future they want for the city.

One that maintains the status quo or one that aims to improve the quality of life for residents and attract new businesses.

"I think you’ll find that, yes, some communities are losing population," City Manager Jason Molino said after the draft plan was presented to the council. "They're not growing at great rates, but I think you’ll see that the communities that are well planned, and have good comprehensive plans that are practical, you’re going to see those communities are growing. They’re growing exponentially. They’re growing a lot faster than those who don’t (have comprehensive plans). I would argue that good planning leads to smart choices and that leads to positive outcomes.

"If we want to be mediocre forever then maybe we don’t do the comprehensive plan," Molino added. "If we want to achieve more, we take a community-based approach to it and you make smart choices in the future to trigger growth in the future."

Consultant Rob Holzman made the initial presentation of the plan. He reviewed the history of the process, which began in October 2015 and included the formation of a steering committee, interviews, focus groups, surveys and two community open houses where community members were invited in to share their vision for the future of the City of Batavia.

"This plan sets up a strong foundation for moving forward and understand what some of the basic investments are that are necessary to attract a younger population as well as a senior population," Holzman said.

Among the findings of the research that underlies the plan is that Batavia is seeing a decline in home ownership and a startling rise in rental occupancy.

"These are two characteristics that are worth noting because they’re really a driving impetus behind why you want this comprehensive planning process," Holzman said. "It's to figure out what’s going on and how some of these trends might be reversed."

The city is also overstocked in industrially zoned property. Industrial is the second highest acreage in the city of 14 types of zoning in Batavia, at 682 acres but only 169 acres are actually being used for industrial activity.

The plan suggests, Holzman said, that the city can direct more industrial uses in the area of the Harvester Center and the Pearl Street industrial park, both with significant vacancies, and rezone an area such as the east end of East Main Street.

The 70 to 90 properties in that area, with the exception of a cement company, are all commercial and residential, Holzman noted.

"It is a key gateway coming into the city," Holzman said. "It sets a tone for what to expect and having industrially zoned properties there might not be the best use of that transportation corridor."

Among the other suggestions for the Batavia of the future is the development of a complete street policy, which would include bike paths, bike racks at public facilities, signs providing distance and direction for destinations (wayfinding signage), and bus shelters that are attractive and may contain public art.

"Bus shelters might sound like a basic thing, and it is a basic thing, but it’s a necessary component to add to the vitality of a place," Holzman said.

The plan also suggests developing a tree management plan, a plan for parks and recreation, a plan to celebrate the city's history and its public spaces.

The plan also calls for changing the city's zoning code from the more highly regulated current form to what's known as "form-based" code, which more loosely defines appropriate uses for sections of the city.

When it came time for the council and the public to weigh in, there were some objections.

Councilwoman Kathy Briggs (later joined by community member John Roach) suggested that any suggestion that the east end of East Main Street be rezoned be removed from the plan. He insisted that the council already voted 6-3 against changing the zoning, therefore, it shouldn't be brought up again.

Molino explained that at this stage, the comprehensive plan is a roadmap. Implementation of actual zoning changes would come up later. Further, he noted, the council's previous vote was just on two parcels in the 70- to 90-acre area under consideration.  

Roach suggested the proposal was just a backdoor way to bring in the tax-exempt, subsidized housing for disabled people proposed by DePaul earlier this year.

Councilman Bob Bialkowski objected to the idea of form-based code because, based on his research, he said, back before current zoning was created, something like form-based zoning was used and it only benefitted the well-heeled and politically connected.

Holzman tried to explain that form based means something entirely different today and that what the comprehensive plan proposes is really a mix of formed based structure and traditional zoning.

Councilman Adam Tabelski said he was concerned (a concern shared by other speakers) that the Tonawanda Creek is barely mentioned in the plan, even though it represents a potential resource for the city.

Molino said specific proposals for what might happen along the creek would fit into the city's strategic planning process, which he also spoke about and how it might change with a new comprehensive plan.

He provided the council with a document that he said would help officials and staff better prioritize projects, especially when new ideas come along.

"One thing when we began to develop this process, we realized that as new opportunities come along there has to be a very disciplined process to evaluate those," Molino said. "We have to decide whether it not happen, be put off, changed, or if more resources have to be put on the table to deal with them."

Boat stuck in guardrail on Route 98 hindering traffic

By Howard B. Owens

A trooper has been dispatched to the Thruway overpass on Route 98, Batavia, for two subjects who "lost their boat" and are now trying to recover it.

It's stuck in the guardrail.

The incident is hindering traffic.

Police officer recognized for saving the life of a stabbing victim

By Howard B. Owens

Batavia Police Officer Arick Perkins was recognized at the City Council meeting Monday night for his quick action the night of July 18 to render first aid to a stabbing victim on East Main Street.

Perkins found a victim with multiple stab wounds who was bleeding uncontrollably. Perkins applied a tourniquet to the victim's arm in an effort to stop the bleeding until EMS personnel arrived. 

For this life-saving effort, Perkins was recognized with a resolution of the City Council, a Batavia PD Life-Saver Award and an award from the University of Rochester Kessler Trauma Center.

Law and Order: Corfu man accused of trespassing near Indian Falls

By Howard B. Owens

Edward Joseph Stabell, 23, of Meiser Road, Corfu, is charged with trespass. Stabell is accused of trespassing at a location on Gilmore Road, Pembroke.

Scott Douglas MacPherson, 58, of Transit Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, speeding, and insufficient tail lamps. MacPherson was stopped on Lake Street Road, Le Roy, at 9:14 p.m. Sunday by Deputy Ryan DeLong.

freshLAB launches social media campaign

By Howard B. Owens

Press release:

 A volunteer committee led by the Batavia Development Corporation created a website (www.freshLabBatavia.com ) and Facebook page (https://www.facebook.com/FreshLab-Batavia-157039621534443/ ) to inform the community about the project, construction progress and recruitment to lease two more start-up restaurant spaces.

“We understand residents are chomping at the bit to learn more about the project,” said Barb Shine, Batavia Development Corporation director and co-captain of the marketing efforts. “It’s an enormous undertaking, pretty complex, with a lot of moving parts. We hope the website helps break it into bite-sized pieces.”

Jon Mager, future master brewer of the anchor eatery, Eli Fish Brewing Company, formerly known as Batavia Brewing Company, has agreed to take the lead on social media construction updates. Beth Kemp, executive director of the Downtown Business Improvement District, has guided the creative direction, technical setup and will post periodic updates in addition to the Batavia Development Corporation.

“We’re getting more and more excited about this project. Programming at freshLAB will benefit all of our downtown businesses,” added Kemp. “Complementing our solid restaurant core, freshLAB will help reshape downtown into a dining and entertainment destination.”

Photo: Accident on Ellicott Street, Batavia

By Howard B. Owens

Reader-submitted photo of an accident this morning around 5:45 a.m. on Ellicott Street just west of Jackson Street, Batavia.

The SUV was occupied by eight people, all returning home to Niagara Falls from vacation, police told our news partner, WBTA.

At least two people were sent to the hospital. Their injuries were not life-threatening.

The vehicle was westbound when it veered off the roadway, struck two street signs and a light pole before crashing into the tree.

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