Batavia Police acting on a tip of suspicious activity responded the Kwik Fill at Jackson and Ellicott streets just before 5 p.m. and conducted an extensive search of a red Chevy sedan parked next to a gas pump.

It turns out, there was nothing found and no arrest. The driver was cited for allegedly operating on a suspended license. That's it.

Is this news? Well, if you drove by between 5 and 5:30 p.m. and saw all of this police activity, you might be wondering what it was about. Now you know.

James Maxwell, Batavia's new fire chief, has been on the job for only a few days, but he says he's getting settled in. He's worked with only two platoons of firefighters so far and said he's tried to let them know he believes in open communication.

"Bad news doesn't get better with time, so let's jump right on it," Maxwell said.

So far, though, Maxwell doesn't see any big changes coming and is impressed with the dedication and drive of department staff.

After a couple of years of musical chairs in the chief's office, the main thing now is to establish stable leadership, Maxwell said.

"(Turnover) has been unfair to the firefighters because of the inconsistency it creates," Maxwell said. "Hopefully, we can bring some continuity to the position."

One of the big questions on everybody's mind, Maxwell acknowledged, given his background in running a mixed department -- volunteers working along side full-time paid firefighters: Is the new chief aiming to move Batavia in that direction?

"That issue has not been expressed to me up to this point (by City Hall)," he said. "Two years from now, the organization may look very different than it does today. We don't know that it won't change. We don't have a crystal ball. As for now, the short term, it's business as usual."

City firefighters were at the Tonawanda Creek behind the courthouse this morning for some water rescue practice. It was a fairly simple exercise -- get the inflatable raft in the creek and guide it using ropes to waterfalls. It's been some years since anybody has drowned in this area of the creek, but the firefighters wanted to put together a plan to get the raft to the falls in case anybody ever becomes stuck there.

Margarita's Mexican Restaurant was shut down by the New York Department of Taxation and Finance just before noon today. The only information from officials on scene was that it was a "tax issue."

Tax Compliance Agent Elizabeth Schmidt, hanging the "seized" sign above, provided The Batavian with a phone number for the department's press office. We're expecting a call back. While Schmidt posted the sign, a locksmith was busy changing the locks. The business won't reopen until all back taxes are paid.

UPDATE: Susan Burns, spokeswoman for the taxation department called: Best Margarita's Grill, Inc. owes taxes on four warrants, with the oldest being back sales taxes from the second quarter of 2009. The four warrants total $32,914.

"We're in the process of working with the taxpayer and the indication is we will work something out fairly quickly," Burns said. "They should be re-opening soon."

The four warrants: Aug. 5 -- $16,166 for sales tax; Aug. 5 -- $1,373, for corporate tax; July 1 -- $64 for corporate tax; and April 2 -- $15,311 for sales tax.

"We always try to work with the taxpayer and negotiate a settlement," Burns said. "It's best that the business stay open for the community and that's what we work to see happen."

UPDATE: WBTA also learned that Margarita's reportedly had additional tax warrants dating back to 2007 that were paid. The total of the paid-up back taxes is $14,246.

A hedgerow fire has been reported in the area of 9163 Roanoke Road, Stafford.

Stafford Fire is responding.

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Duane Martin Bush, 61, of Silver Road, East Bethany, is charged with a felony DWI, aggravated DWI, aggravated unlicensed operation of a vehicle, 1st, failure to keep right and operating a motor vehicle without a license. A witness reported seeing a vehicle driving on Francis Road with a deteriorating tire at around 11:38 a.m., Tuesday. Deputy Brian Thompson responded and located a white van at 11145 Silver Road, East Bethany. Thompson would learn the van was allegedly driven by Bush, and that Bush had operated the van for about 11 miles without a right rear tire. Bush has allegedly been driving without a license since 1977. Bush allegedly drove with a BAC at least 3.5 times over the legal limit. Bush's license was reportedly revoked for a DWI conviction within the past 10 years.

Christopher D. Olin, 21, 679 E. Main St., Batavia, is charged with sexual misconduct. Olin is accused of having sexual intercourse with a person without her consent while at his apartment on May 26.

Thomas J. Torres, 47, of 113 Jackson St., Apt. 4, Batavia, is charged with unlawful possession of marijuana. Torres was cited at 1:17 a.m. today in the area of 40 Ellicott St., Batavia.

Richard Devan Westbrook, 22, of Clifton Street, Rochester, was picked up on an arrest warrant for alleged petit larceny. He was turned over to local law enforcement by the Monroe County Sheriff's Office. He was jailed on $1,500 bail.

Billie and I are back in Batavia.

Thank you to WBTA and especially Geoff Redick for helping with the news coverage while we were gone.

It was great to see friends and family -- and the first place Padres at Petco (picture above of Heath Bell signing autographs before the game) -- but we're glad to be home.

I didn't take as many pictures as I imagined I would, but I did take a few. The Bell picture above is one of my favorites, as is the cactus picture below. These silver dollar cactus plants are growing in my dad's back yard. They started with cuttings from the silver dollar cactus we had in our yard in Bakersfield when we lived there. 

The following is a statement from Marilyn Warner (Drilling) regarding her resignation from the director's position at the Holland Land Office Museum:

Several of you, my friends, have called to ask why I so abruptly submitted my resignation to the board of the Holland Land Office museum. There are many reasons, but two I would like to make public.

I was married on July 31st , moved to Wyoming County and am now raising my two college-bound daughters along with my husband’s three young children. John and my girls are my primary responsibility and I am truly looking forward to focusing on our expanded family and less time on outside work duties. As you know, the job as director of the Holland Land Office Museum included many nights and weekend engagements.

Equally as important is my dedication to the creation of the honorary International Peace Garden in Batavia and the many opportunities it brings for the financial future of the Museum and the tourism industry in Genesee County. Due to the support of the County Legislature and the Chamber of Commerce, a small core of volunteers has now developed a nonprofit group known as the Friends of the Peace Garden Legacy Genesee, which will allow us to fundraise and write grants for the project.

We are working with the International Peace Garden Foundation and the BiNational Tourism Alliance to be included in regional and cross-border marketing plans for the anniversary of the War of 1812. The current leadership of the Museum recently requested that my energies on this project be spent as a private citizen. My resignation will allow my continued involvement in this exciting venture.

I have also been offered several development consulting opportunities that I have not been able to pursue due to my work obligations and time constraints operating the Museum.

I am very proud of the many accomplishments I orchestrated during my year as the Museum Director. Working with then-assistant director Emily Conable, we took to the task of reorganizing the Museum collection and repositioning the marketing program to focus on the land Purchase and its significance to the development of New York State. This winter’s temporary exhibit highlighting rare surveying equipment and the spring women’s exhibit featuring Genesee County females “ahead of their time” attracted many new visitors from throughout the eight-county region.

The Museum interior took on a new appearance as pieces of the collection are now regularly rotated from storage to displays. New marketing pieces were created and unique low-cost marketing techniques were implemented. Most important are the many collaborative community relationships that have been built during these months, especially with Genesee Community College, the county historians and key partnerships with the Chamber, Richmond Library and GoArt.

The Holland Land Office Museum is a vibrant, exciting treasure in Genesee County and it has been my honor to serve as its director.

The young deaths in Oakfield will not be forgotten thanks to Shanda Mabon and the Jarvella family that has worked to team up with TopLine Shirt Company to bring memorial merchandise to friends family and the Genesee County community.

Shanda Mabon, whose sister Amanda Mabon was killed in a car accident about three years ago, organized the ordering of wristbands for Josh Durham, Matt Ware and Allyson Galens. The purple wristbands will say "Live, Laugh, Love" and will have hearts as well as each of the three names.

The Jarvella family, friends of Justin Dickes, contacted TopLine to have shirts made up for his family.

"The proceeds will go to his father to help him cover his (funeral) costs," says Angela Jarvella. The shirts will have his initials "JD" and a cross on the front as well as his name and a guitar, which was one of his passions, on the back.

"It's something we really wanted to help with," says Tim Walton, owner of TopLine. "This has been a tragedy for the families and community and we are glad we could help in whatever way we can at this time"

Mabon has already sold over 200 wristbands and is waiting for another order to come in within the next two weeks. The shirts can be pre-ordered this week by contacting a member of the Jarvella family or TopLine at 585-219-4311. Both the bands and shirts will be available for purchase inside TopLine Shirt Company at 214 E. Main St. in Batavia.

The bands are available for $2 and the shirts are available for $10. Proceeds from the sales benefit the families of the crash victims.

Mabon also has other ideas she is planning to benefit the families. If anyone is interested in helping her with any events you can contact her at shandamabon@hotmail.com.

The Holland Land Office Museum is without an executive director again.

Board members of the museum confirm that Marilyn Drilling has suddenly resigned the position she has held for less than a year.

The museum board is expected to meet today to plot its next move.

In the wake of a disheartening fire more than two years ago, the owner of the former Cristina’s Restaurant & Lounge on Ellicott Street plans to re-invigorate his property – by giving it away.

Chuck Brumsted says it’s time to see the remains of his restaurant made useful again.

“Without all the community support we had through (25) years, what Cristina’s was wouldn’t have been possible,” Brumsted says. “So we’d like to take the property as-is and donate it to a not-for-profit organization. And that way it stays in the community, and hopefully a majority of the people will be able to use it.”

He bought the building at 230 Ellicott St. in 1984.

“I basically put the building together…through numerous additions; it was a wreck when I acquired it,” he says.

For 25 years, Brumsted operated the restaurant, gaining notoriety in the area and attracting such big governmental names as Hillary Clinton and Andrew Cuomo.

Then in 2008, tragedy struck. A destructive early-morning blaze ripped through the main building. It was declared a total loss and was eventually torn down, leaving an empty lot next to the also-damaged banquet hall.

The cause of that fire was never discovered. Brumsted declines to speak anymore about the fire.

“We don’t want to live in the past."

And so, moving forward with the property is his goal. In all, he estimates about 9,000 square feet is available, including a 5,000-square-foot, non-combustible masonry building.

“One of the ideas that’s been entertained is to take the part that was a two-story frame building, and make green space, a park-like setting. Then take the building that’s left, open up the east wall, and make an open amphitheater.”

Another idea is for a non-profit to simply acquire it and rent the space out for private parties or wedding receptions. Those are just a few of the many ideas Brumsted envisions for the site; he listed off 10 different proposals in a row. None of it is final, of course: Brumsted hasn’t yet secured a non-profit to donate to.

Whatever the cause, Brumsted says he hasn’t even considered any monetary loss he may absorb by giving it away.

“That hasn’t even been discussed. It’d be an honor and a privilege to see the building stay intact and have years and years of use. It’d be a great memory of Cristina’s.”

Any non-profit organization interested in Chuck Brumsted’s offer is asked to contact him by calling (585) 356-0927.

PHOTOS:  top, Cristina's today; inset, Cristina's before fire (courtesy Chuck Brumsted); bottom, re-development plans for former Cristina's site (courtesy Chuck Brumsted).

Michael L. Jackson (pictured), 29, of Seneca Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd. Jackson is accused of selling prescription medication to an agent of the Local Drug Enforcement Task Force. Jackson was arrested Saturday and jailed without bail.

Jonathan Chad Sisk, 37, Chili-Riga Center Road, Riga, was arrested for alleged failure to appear on a petit larceny charge. Sisk was taken into custody by Monroe County Sheriff's deputies and turned over to Genesee County. Sisk was jailed on $500 bail.

Mitchell Edward Bryan, 18, of East Bethany-Le Roy Townline Road, Stafford, is charged with unlawful dealing with a child. Mitchell is accused of hosting an underage drinking party.

Craig Alan Tiberio-Shephard, 21, of Lathrop Avenue, Le Roy, is charged with DWI and speeding. Tiberio-Shephard was stopped 7:39 p.m., Saturday, on Route 33 near Colby Road in Darien by Sgt. Greg Walker. Walker responded to Route 33 following a complaint of an erratic driver. Tiberio-Shephard allegedly refused to submit to a breath test.

Kevin R. Eustice, 41, of 18 Church St., Le Roy, is charged with harassment, 2nd. Eustice is accused of pushing his ex-girlfriend. The alleged incident occurred at 11:50 p.m., Sunday.

Forrest F. Ansel III, 20, of 572 E. Main St., Batavia, is charged with harassment, 2nd, and criminal contempt. Ansel is accused of punching a family member at 2:35 p.m., Sunday. There is reportedly an order of protection in place involving Ansel and the family member. He was jailed on $1,000 bail.

Donald A. Stirk, 30, of 639 E. Main St., Batavia, is charged with criminal possession of a controlled substance, 7th. Stirk was charged after a Genesee County probation officer visited Stirk's residence and allegedly found crack cocaine residue on a pipe.

Candice J. Wells, 25, of 5280 Old Telephone Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater, and running a red light. Wells was stopped at 2:20 a.m., Saturday, on West Main Street, Batavia, by Officer Marc Lawrence.

(name redacted upon request) 18, of Hidden Meadow Drive, Marcy, is charged with unlawful possession of marijuana. xxxx was stopped in a car at 11:31 p.m., Aug. 5, on Route 5, Pembroke, by Deputy Patrick Reeves.

name redacted upon request, 18, of Walker Road, Deerfield, is charged with unlawful possession of marijuana. xxxx was reportedly located in a car parked on Route 5, Pembroke, at 11:31 p.m., Aug. 5, by Deputy Patrick Reeves. Reeves reported smelling the odor of marijuana. After checking the car, Reeves allegedly found marijuana and paraphernalia.

Eric J. Shultz, 30, of Main Street, Akron, is charged with DWAI (alcohol and drugs), and failure to comply with the lawful order of a flag person. Shultz reportedly exited the Tom Petty concert 11:58 p.m., Saturday, and nearly struck a flag person directing traffic.

Samuel Leonard Thomas, 51, of Lyell Avenue, Rochester, is charged with attempt to evade cigarette tax. Thomas was stopped for an alleged traffic violation at 2:08 p.m., Sunday, on Route 63 in Oakfield, by Deputy Loni Nati and allegedly found in possession of 32 cartons of untaxed cigarettes.

Rebecca Lee McCoy, 19, of Simonds Road, Darien, is charged with unlawful dealing with a child. McCoy is accused of hosting an underage drinking party Sunday morning.

Trevor Bent McGuckin, 19, of Johnson Road, Churchville, is charged with criminal possession of a hypodermic instrument, unlawful possession of marijuana and unlawful possession of fireworks. McGuckin was stopped at 1:04 a.m., Sunday, on West Main Street, Batavia, for an alleged traffic violation by Deputy Patrick Reeves.

Michael Anthony Amadori, 53, of West Tillen Road, Boston, is charged with DWI, driving with a BAC of .08 or greater, speeding and failure to keep right. Amadori was stopped at 11:23 p.m., Saturday, on North Main Street in Corfu by Deputy Patrick Reeves.

Mark E. Beatty Jr., 31, of 46 Church St., Le Roy, is charged with petit larceny. Beatty allegedly tried to leave Tops Market with a shopping cart full of merchandise without paying for the items.

Aaron R. Bosse, 19, of 6971 Knowlesville Road, Alabama, is charged with unlawful dealing with a child. Bosse is accused of hosting an underage drinking party Friday night.

Kyle John Helak, 18, of Meadow Lane, Attica, is charged criminal possession of a controlled substance. Helak allegedly did not have a prescription for medication he possessed while at Darien Lake.

Genesee County Habitat for Humanity is starting its eighth house in about 11 years.

The blessing, with the new family that will be working along with many volunteers to completely renovate the house, was held Saturday afternoon with friends and relatives in attendence.

Angelina, Nikalina and Carmelina have been selected for the house at 150 State Street in Batavia.

The mother of two will have to complete hours of "sweat equity," and when finished, the keys will be turned over to her family.

Habitat will carry a 30-year, interest-free mortgage on the cost of materials.

Check geneseehabitat.com for updates on the progress of the renovations and all questions about Habitat.

Jessica Tomidy, executive director of GCHFH, on right, assisted with the blessing.

Carlson's Studio, 39 Jackson St., Batavia, NY: Weddings, new babies, family portraits, pet portraits and group events -- preserve those memories with professional photographs. We have a $120 gift card for $60 (+$2 PayPal Service fee).

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.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Oliver's Candies, 211 W. Main St., Batavia, NY. Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. 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.

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Matthew D. Gregorius, 47, of Hessler Court, Dansville, is charged with disorderly conduct. Gregorious is accused of fighting with medical personnel at Darien Lake. He was jailed on $250 bail.

Eric T. Grundstrom, 23, of Thayer Street, Jamestown, is charged with trespass. He is accused of running past security in a restricted area after being ejected from the concert venue. He was jailed on $250 bail.

Douglas Brinkman (AKA John Doe), of Eden, is charged with trespass. Brinkman is accused of running past security in a restricted area. Brinkman reportedly refused to give his name or any information about himself. He was jailed on $200 bail. Paul A. Gibson, 25, of Linwood Avenue, Port Colborne, Ontario, Canada, is charged with trespass for allegedly failing to leave the venue after being told several times to leave. He was jailed on $200 bail.

Drew T. Oyler, 20, of Bucktooth Run, Little Valley, is charged with trespass for allegedly returning to campgrounds after being ejected. He was jailed on $200 bail.

Donna M. Lawyer, 50, of Warren Street, Tully, is charged with petit larceny and trespass. Lawyer is accused of shoplifting candy from the gift shop and then returning to the park after being ejected.

Jesse D. Sills, 26 of Windridge Lane, Hamburg, is charged with disorderly conduct and harassment, 2nd. Sills is accused of engaging in violent and threatening behavior outside the concert venue and then threatening another person. He was jailed on $200 bail.

Curtis J. Mooney, 21, of Hermitage Road, Rochester, is charged with trespass. He is accused of returning to the concert venue after being ejected.

Kaitlin C. Kolb, 24, of Main Street, York, is charged with petit larceny. She is accused of stealing two cups of beer from a food stand inside the concert venue.

Jacob J. Turley, 21, of Eggert Road, Amherst, is charged with trespass for allegedly returning to the concert venue after being told to leave.

Christopher D. Wolf, 21, of Thornwoods Drive, Niagara Falls, is charged with petit larceny and resisting arrest. He is accused of stealing a cup of beer from a concession stand inside the concert venue and the refusing to be taken into custody and struggling with deputies.

Justin K. Washburn, 18, of Fulton Street, Hornell, is charged with unlawful possession of marijuana and possession of alcohol under 21.

Twenty-two people were issued citations for allegedly drinking alcohol under age 21. The full list after the jump:

A 16-year-old of College View Drive, Batavia
Tiffany M. Sheffer, 19, of Bennett Avenue, Bloomfield
Kevin J. Stevens, 18, of Ashley Drive, West Seneca
Boban Popara, 18, of Cherokee Drive, West Seneca
David G. Gurney, 19, of Woodside Avenue, East Aurora
Abby R. Pingitore, 19, of Sunset Blvd., Angola
James T. Pero, 18, of Ross Street, Batavia
A 17-year-old of Park Avenue, Batavia
John S. Horvatits, 20, of Hemlock Road, Eden
Andrew J. Usyk, 19, of Conger Road, Collins
Jason E. Ring, 20, of Dutch Hill Road, West Valley
Jordan E. Pringle, 20, of Great Northern Avenue, Mizzoula, Minn.
Katherine A. Scalia, 20, of Penhurst Street, Rochester
Michael S. Onuffer, 20, of Skelly Road, Caledonia
Spencer D. Feenstra, 19, of North Street, Caledonia
Kyle B. Early, 20, of Mason Road, Fairport
Michael P. Matroniani, 19, of Kilkenny Court, Fairport
Thomas E. Munzert, 19 of Mason Road, Fairport
Andrew J. Stack, 20, of Lambeth Loop, Fairport
Tyler S. Norris, 19, of Valley Brook Drive, Fairport
Malia M. Velez, 18, of Hart Street, Hornell
Andrew J. Karlsons, 19, of Graney Road, Caledonia

Batavia Police are looking for a tan Jeep Cherokee that probably has extensive front-end damage.

The SUV was reportedly involved in a hit-and-run accident on Richmond Avenue near VanDetta Stadium at 2:15 a.m.

One person was injured in the accident. The 41-year-old victim has not been identified by police. The woman was sleeping in the vehicle, which was legally parked. She had attended an earlier event at the stadium sponsored by the American Cancer Society.

Anyone with information is asked to call BPD at 585-345-6350.