batavia

A possible apartment fire is reported at 518 East Main St., Batavia.

The call is for an unknown type fire on the third floor. '

City Fire is responding.

UPDATE 8:32 p.m.: Cooking fire.

 

Salvatore M. Tornabene, 26, of Ross Street, Batavia, (inset photo right) is charged with third-degree assault. He was arrested following a domestic incident on Ross Street at 11:30 p.m. on July 1. He was arraigned in Batavia City Court and jailed without bail. Tornabene was due back in city court July 8. 

Salvatore M. Tornabene, 26, of Ross Street, Batavia, is charged with criminal possession of a weapon in the third degree, and second-degree menacing. At 11:05 p.m. on July 6, Batavia police responded to Ross Street for a report of subjects fighting, possibly with weapons. He was arrested after he allegedly threatened a woman with an imitation pistol. He was arraigned in Batavia City Court and jailed without bail. Tornabene was due back in city court July 8. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Kyle Allan Hawley, 29, of South Lake Avenue, Bergen, is charged with: two counts of criminal possession of a controlled substance in the seventh degree; possession of a hypodermic instrument; and criminal use of drug paraphernalia in the second degree. At 8:10 a.m. on July 10, the GC Emergency Dispatch Center received a report of a larceny that just occurred at a business on West Main Street in the City of Batavia. The suspect vehicle was located entering the Thruway at the Exit 48 interchange. Hawley was identified as a passenger in the vehicle. Following a search of the vehicle, and after allegedly observing stolen property in plain view, Hawley was found to allegedly possession two different kinds of controlled substances and drug paraphernalia. He was arrested, arraigned in Batavia Town Court and processed, then released on appearance tickets. He is due back in town court on July 25. The investigation was assisted by members of the NYS Troopers and City of Batavia Police Department. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Mitchell Edward Bryan, 27, East Bethany -- Le Roy Road, Stafford, is charged with: aggravated driving while intoxicated; DWI; driving left of pavement markings; moving from unsafely; and failure to keep right. At 12:12 a.m. on July 11, the Genesee County Sheriff's Office investigated a one-car accident on Bernd Road in the Town of Le Roy. The driver and sole occupant, Bryan, was arrested on the charges listed. He was driving northbound on Bernd Road when he cross over into the southbound lane and continued off the west shoulder, striking a tree. Further investigation allegedly revealed he had a BAC of .18 percent or higher. He was released on an appearance ticket and is due in the Town of Le Roy Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy David Moore.

David M. Raines, 37, of Bank Street, Batavia, is charged with second-degree harassment. He was arrested at 7 p.m. on July 5 after an incident on Bank Street. He was issued an appearance ticket and is due in Batavia City Court on July 16 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Peter Post.

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Batavia PD may yet once again have a working police dog and on Monday, Police Chief Shawn Heubusch updated the City Council on efforts to reinstitute the program.

The effort includes receiving donations and seeking funds from Homeland Security.

It's been 20 years since Batavia PD had a working K-9 officer.

If approved, a resolution presented to the Council on Monday would create a K-9 fund in order for the Batavia Police Department to accept donations and funds from the federal government for a canine purchase, training and associated costs. 

The K-9 program’s approximately $23,000 price tag was broken down by Heubusch. He explained to Council members that it will cost $10,000 to purchase the dog and $5,000 to train the canine and its police officer over the course of several weeks. 

“During the regular workday, we’ll give the officer the allotted time for their training,” Heubusch said. “On off-days, we’ll have to compensate the officer for that. We do have some sample MOAs with some different unions to cover that.”

Additional expenses include $5,500 to purchase a vehicle designed to carry the canine, $2,500 for food and veterinarian bills, and $500 for incidentals and supplies.

Heubusch said the K-9 program will be like a specialized tool with a warranty. Beyond regular duties, the officer who receives specialty K-9 training would be called to respond when a police dog is needed for investigations.

“The officer is not dedicated to K-9 duty 100-percent of the time,” Heubusch said. “They would be on the road just like any other officer would be assigned to a patrol zone. We don’t have the luxury of just being able to dedicate an officer to that duty.”

Council President Eugene Jankowski said that, on occasion, the canine may be called for investigations that are not in the City of Batavia. Although it most likely would not happen often, the canine and its owner would be prepared to respond at non-city locations.

BPD is working on an agreement with the Homeland Security Investigation Federal Asset Forfeiture Program to defray some of the canine and training costs. Federal funding is not currently available due to high demand for border patrol canines.

Based on the positive feedback Heubusch received from Council members, this proposed resolution may receive approval at the August business meeting, which would allow BPD to be prepared for the K-9 program when federal funding is ready.

Previously: Batavia seeks Federal funds to bring back a K-9 patrol to the city

Nearly two months after a grand opening, Fresenius Kidney Care, on Veterans Memorial Drive next to The Home Depot, is still waiting on final certification from the state to become fully operational. 

Until then, the clinic cannot accept additional patients, said spokeswoman Madelaine Ronquillo.

Until the CMS certification is received, the clinic is open three days a week for approved patients. Ronquillo indicated this is the normal process for opening a new clinic.

The clinic's manager and staff are at the facility during normal business hours Monday through Friday, she said.

As for a real estate listing, found by an alert reader of The Batavian, Ronquillo said Fresenius has a 12-year lease on the site and the sale is a matter of the original developer selling the investment property.

The property is being offered for $2.74 million. The 3.8-acre parcel includes two other recent developments, including an urgent care business and a vacant storefront. The listed property owner is Morgan, 4181 Veterans Drive LLC, out of Pittsford.

Photo: File photo.

Students, families and staff are celebrating the career of retiring principal Anne Werk and greeting incoming principal Jason Clark at St. Paul Lutheran Church and School, 31 Washington Ave., Batavia.

Werk is retiring after more than two decades as a teacher and principal at St. Paul’s. As of July 1, Clark, who is a lifelong member of St. Paul’s church, received unanimous approval from the school board and church congregation to succeed Werk. 

Clark said his ratification brought him excitement and relief, but also sadness at the departure of Werk and her husband, Allen, who is the pastor at St. Paul’s. Clark will continue to serve as a second- and third-grade teacher in addition to his new responsibilities as principal of grades K–5.

His initial goal is “hopefully just maintaining some stability in this time of change,” Clark said. “Being that I’ve been here for 17 years, it’s not a brand new face leading the school.”

Clark has several initiatives for the school as he steps into his new position. They include increasing funding and sponsorship, incorporating more technology into classroom learning and boosting enrollment.  

“The last couple of years, our numbers have been down a little bit,” Clark said. “So, I’m just looking forward to hopefully building that back up and seeing what we can do for the future of the school.”

The Werks will be moving to Indiana to be closer to relatives. Anne Werk said she will stay updated with school and church events on social media and serve as a resource for Clark when he needs support.

Clark said he will follow Werk’s advice of relying on his faith and school staff as he enters the principal role. He described Werk as a great mentor, both personally and professionally. 

Werk’s career was honored at a retirement celebration June 19. Alumni students spoke about the impact Werk has had on them. Werk, however, feels her most meaningful experiences at St. Paul’s are teaching and overseeing students as they mature.

“I love being a part of the children’s lives and their families’ lives … and seeing growth over the years,” Werk said.

“When you get to retirement age, you start talking about your legacy and about what you’re leaving behind,” Werk said. “I hope that I’ve made a difference in the lives of the kids and their families.”

Anne Werk (left) and Jason Clark (right) in the St. Paul's school library.

Photo by Lauren Leone.

St. Paul Lutheran School is offering one full-tuition award and one partial-tuition award to two new elementary students during the 2019–20 school year.

The grant money to fund these scholarships was provided by Lutheran Church Extension Society of Buffalo. 

For a student to be eligible for either the full or $400 partial-tuition award, this must be their first time enrolling at St. Paul’s school and their 2019–20 registration must be accepted by school administration by July 31.

The two students whose names are pulled at a drawing Aug. 6 will be contacted by the school board about their tuition awards.

St. Paul’s “will look into ways to get our name out there even more than it already is,” said Jason Clark, the newly hired St. Paul’s School principal.

”We’ve already started that with this grant that we’ve received and are advertising out,” Clark said. “Having a new student be able to come tuition-free for the first year is a great start.”

Registration forms are available at the school’s location at 31 Washington Ave., Batavia, and online here.

The premiere Ascension Parish Summer Fest 2019 will be reminiscent of past Batavia traditions, but it promises a fresh take on the classic summer festival.  

A driver was ticketed for alleged failure to yield the right of way leading to an accident at Lewiston and West Main, Batavia, at 3 p.m. yesterday.

Sharon J. Benty, 73, of Weber Avenue, Oakfield, told Deputy Mathew Clor, who wrote the accident reports, "I had a green light and I thought she would slow down when she saw me."

Benty, according to the report, was driving a 2013 Toyota sedan east on Route 5 when she attempted to make a left-hand turn onto Lewiston Road.

Anna Jane Molnar, 19, of Phelps Road, Corfu, was driving a 1997 Ford sedan was heading west on Route 5. 

According to Clor's report, Benty turned in front of Molnar, who had the right of way.

Benty, Molnar, and Molnar's passenger, 23-year-old Austin T. Geist, all suffered minor injuries and were transported to UMMC for evaluation.

Town of Batavia fire and Mercy EMS assisted at the scene.

(Initial Post)

Submitted photos and press release from the City of Batavia:

National and Local efforts to incorporate bicyclists in any new road project are finding their way into the City of Batavia.

“Complete Streets” is the term that is used for any street or highway, or any reconstruction of an existing highway, to consider the effect on bicyclists and pedestrians. Where possible, accommodation of these two groups should be incorporated into the project.

This has happened in the City of Batavia, where the most recent update to the City’s Comprehensive Plan encourages a “Complete Streets” approach. East Avenue and Liberty Street now have “sharrows,” or shared lane markings (SLM), meaning that the streets, which have only one travel lane in each direction, are shared with bicycles in a wide (14 feet or more) lane (see road photo).

Shared lane markings are high-visibility pavement markings that help position bicyclists within the travel lane. These markings are often used on streets where dedicated bike lanes are desirable but are not possible due to physical or other constraints.

Shared lane markings are placed in the travel lane to alert motorists of bicycle traffic, while also encouraging cyclists to ride at an appropriate distance from the “door zone” of adjacent parked cars.

If there is enough room, a separate bike lane should be marked. Dedicated bike lanes do impact the ability to accommodate on street parking and often there just isn’t enough room to accommodate them.

Further complicating the issue for bicyclists are streets where parking is allowed, as drivers often open their doors without looking for bicycles approaching from the rear. Bicyclists have been seriously injured by riding into a car door opened by a driver or rear-seat passenger without regard for bicycles.

The “sharrow” pavement markings should be supplemented with a Bicycle Warning Sign (see sign photo).

Federal and state criteria designate where the sharrows and the warning signs should and should not be used.

For bicyclists, where the sharrows are painted on the pavement, it only means that both bicycles and vehicles must use the same lane, and caution should be used by both. Vehicles should give bicyclists plenty of room when overtaking bicycles and bicyclists should realize that vehicles will be passing them.

Providing marked facilities such as shared lane markings is one way of helping to persuade residents to give bicycling a try and remind motorists that the roadway is to be shared with bicycles.

Kayla Michelle Yglesias, 19, of Fisher Road, Oakfield, is charged with: falsifying business records in the first degree; falsely reporting an incident to law enforcement in the third degree; operator leaving the scene of a property damage accident; moving from lane unsafely; unlicensed operator; and failure to report a property damage accident. At 8:50 p.m. on July 7, Yglesias was arrested after an investigation of an incident that occurred at 3:45 a.m. June 22 on Fisher Road in Oakfield. She was allegedly involved in a motor-vehicle accident in the Town of Oakfield and left the scene. She then reported the vehicle she was driving as stolen to Sheriff's deputies and falsified information on a supporting deposition. On July 3, deputies recovered the vehicle submerged in a body of water in the Town of Byron. Yglesias was issued appearance tickets and is due in Oakfield Town Court on July 29. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Investigator Christopher Parker.

Adam Michael Kreutz, 30, of Franklin Street, Batavia, is charged with falsifying business records in the first degree. He was arrested at 9:50 p.m. on July 7 after an investigation of an incident that occurred at 3:45 a.m. on June 22 on Fisher Road in Oakfield. Kreutz allegedly falsified information on a supporting deposition taken by the GC Sheriff's Office to conceal another crime that was committed. He was arraigned in Oakfield Town Court and jailed without bail. He was due to return to Oakfield court on July 8. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by  Investigator Christopher Parker.

Parker E. Payton, 20, of Pavilion, was arrested by the Wyoming County Sheriff's Office following a traffic stop on York Road in the Town of Pavilion. He is charged with: driving while ability impaired by drugs; reckless driving; criminal possession of a controlled substance in the seventh degree; unlawful possession of marijuana; unlawful possession of alcohol by person under 21; possession of a fictitious driver’s license; and multiple other traffic infractions. Payton was observed driving on State Route 63 in the Town of Covington several feet into the oncoming lane while traffic was flowing in the opposite direction past his vehicle. Payton drove his vehicle onto Perry Road then turned on to York Road where deputies were able to conduct a traffic stop. Payton was found to be in underage and allegedly in possession of alcohol in plain view within his vehicle. A subsequent vehicle search found Payton to be in possession of marijuana inside a grinder, concentrated cannabis, and a forged NYS driver’s license. Payton also allegedly failed field sobriety testing and was taken into custody for DWAI Drugs. Payton was taken to the Wyoming County Sheriff’s Office where a Drug Recognition Expert performed a drug influence evaluation with Payton. Payton was found to be impaired by cannabis and unable to operate a vehicle safely. Payton was released to a sober third party and scheduled to answer the charges in the Town of Covington Court on July 29.

A two-car accident with possibly minor injuries occurred a few minutes ago in front of Tops Market in Batavia, at Lewiston Road and West Main Street.

Town of Batavia Fire Department, law enforcement and Mercy medics responded.

Batavia Police Chief Shawn Heubusch presented City Council with a proposed resolution Monday night for a Memorandum of Understanding among Genesee County law enforcement agencies and the Monroe Crime Analysis Center in Rochester to share information. It received strong support.

Heubusch explained to Council members that over the past few months local law enforcement has coordinated with the NYS Division of Criminal Justice Services and MCAC to develop the agreement.

He said becoming a member of MCAC is the best approach to access information databases and facilitate crime response and investigation.

“What this memorandum does is it allows us to share information with Monroe Crime Analysis Center and also reap the benefits of them sharing information with us,” Heubusch said.

This new crime analysis system also comes at no cost to city taxpayers.

“Being a member of the crime analysis center in Rochester costs the city zero," Heubusch said. "It’s really about gaining that information and being able to analyze that information in a way that we can’t now."

The chief said that most of the criminal element in Batavia is connected to individuals from the City of Rochester and the Monroe County region. The MCAC memorandum will allow local police to share records with Monroe County law enforcement in real time.

The memorandum includes resources like crime monitoring and background checking information to alert law enforcement of identifying factors when pursuing suspects.

City Council members reacted favorably to the proposed resolution.

“It seems like, according to this, between the state police, the [Genesee County] Sheriff, Monroe County Sheriff and District Attorney, our District Attorney, DCJS — they’re all signed on to this," Council President Eugene Jankowski said. "It’s good to be sharing information.”

Other agencies participating in the memorandum are the Le Roy and City of Rochester police departments and the Genesee County and Monroe County probation departments.

City Manager Martin Moore wants to reduce crime and restore a sense of safety in Batavia. In June, the first Batavia Crime Task Force meeting was held so law enforcement and city leaders could talk about ways to combat crime.

“I want to thank the police department working together with the other police departments," Moore said. "This is one of the things that was brought up in our initial Crime Task Force meeting, and it’s one of the first actions that our police is working on."

The MCAC memorandum is expected to aid in identifying sources of crime, mapping incidents and arrests and following crime trends. MCAC is one of the task force’s first strides toward securing resources to prevent and deal with crime.

The proposed resolution for the memorandum will be forwarded for consideration by Council. The next City Council Conference and Business meeting at 7 p.m. Aug. 12 at the City Hall Board Room, 2nd Floor, City Centre.

Saturday night this kitten was thrown from a red car on Route 98 near West Saile Drive.

According to the Sheriff's Office, the kitten suffered severe injuries. 

No further description of the vehicle is available but the incident was witnessed at 8:45 p.m., Saturday.

People with information that can assist the investigation are asked to call the Sheriff's Office at (585) 343-5000.

UPDATE: According to Volunteers for Animals, "Due to the severity of the injuries, the kitten was euthanized per the veterinarian's recommendations."

     William Schultz

A 45-year-old Batavia resident has been arrested and accused of selling crack cocaine on two occasions to an agent of the Local Drug Task Force.

William G. Schultz Sr., 45, of East Main Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Schultz was arrested on a sealed indictment warrant after appearing at the Batavia PD headquarters on an unrelated matter. 

Following his arraignment today in Genesee County Court, he was jailed without bail.

His arrest is the culmination of a six-month investigation by the task force, assisted by Batavia PD, the Sheriff's Office, and the District Attorney's Office.

Press release:

The Genesee County Economic Development Center (GCEDC) will consider accepting an application for incentives from Provident Batavia LLC at the board’s July 11th meeting.

The company wants to construct a 13,000-square-foot addition to an existing 25,000-square-foot office, warehouse and distribution facility leased by SCP Pools. Provident Batavia is proposing to invest approximately $1.194 million and is seeking $156,000 in mortgage, property and sales tax exemptions. The project will retain 15 jobs.

Since the company is seeking incentives of more than $100,000, the GCEDC would schedule a public hearing if the application is accepted.

The GCEDC Board meeting will take place at its offices on 99 MedTech Drive in Batavia at 4 p.m.on Thursday, July 11th. The meeting is open to the public.