batavia

The nets on two tennis courts at MacArthur Park, Batavia, are damaged and a third is missing, according to a maintenance worker.

Batavia PD is being dispatched to take a report.

A Batavia man may be lucky to be alive after falling more than 30 feet from the top of Buttermilk Falls on Thursday evening and landing on a small rock ledge rather than dropping another 40 feet into the churning waters below.

More than 60 of Genesee County's emergency responders were on scene within 30 minutes of the 6:54 p.m. 9-1-1 call, which initially indicated a juvenile male had fallen over the falls and was being swept downstream.

Brandon C. Smart, 34, of Batavia, was taken by ground ambulance to Strong Memorial Hospital with a head injury, a cut and complaint of neck pain.

The cause of Smart's fall, according to the Sheriff's Office, is a combination of drinking and Smart trying to pass a case of beer to another person further down the cliff.

Buttermilk Falls is less than a mile east of Route 19, and just north of North Road, where the road makes a sharp turn in an area where it crosses Oakta Creek. Crocker Ace Hardware is nearby.

Based on the original information given to dispatchers, Le Roy Fire responded and sent one rescue team downstream and positioned another team near the top of the falls. When Chief Tom Wood (on the right on the top inset photo) learned the victim had landed on the ledge, he requested the county's rope rescue team respond.

Smart, who was initially reported as being unconscious, was on the ledge until 9:11 p.m.

Initially, Mercy Flight was requested to the scene because of the possible serious injuries, but once Smart was brought back to the top of the falls, responders decided to take him to Strong Memorial Hospital by ground ambulance.

After Smart's fall, Michael C. Hayes, 24, of Rochester (wearing the Sheriff's raincoat top photo; shirtless in the picture below), climbed down to his position.

Although Hayes was uninjured, the rope team needed to rescue him as well.

Sgt. Steven Mullen (bottom inset photo), Sheriff's Office, said Hayes getting on the ledge himself just made the rescue that much more dangerous for all involved.

"As these gentlemen have spoke about, a technical rescue like this on the face of a waterfall, which is slippery and overgrown with moss and vegetation, is nothing that I would suggest," Mullen said. "It makes their job that much tougher when you have two people that need to be rescued as opposed to one."

When rescuers were ready to try and hoist Smart back to the top of the falls, he reportedly became uncooperative.

"It was a little bit of a precarious situation considering that these rescuers are on a ledge with a 40-foot drop below them," said Tim Yaeger, Emergency Services director (on the left in the top inset photo), "We had a situation where we tried to talk to that individual for a while to help him understand the situation so we could secure the person into a harness to bring him back up to the topside. That was deemed to be unsuccessful, so law enforcement was asked to assist."

Mullen made his way to the ledge and talked with the Smart for 10 or 15 minutes and convinced him to get into the harness.

Yaeger said officials were unsure if Smart was uncooperative because of his head injury -- patients with head injuries often become combative -- or if other factors played a role.

Mullen said Smart had been drinking prior to the fall.

"He wasn’t making a whole lot of sense," Mullen said. "He was somewhat irrational. That’s one reason he was transported by ground ambulance. If he becomes aggressive, he would be much easier to handle."

The two men who were rescued were apparently part of a group of at least seven people who went to the falls Thursday and Mullen said all appeared to have been drinking.

Seven people have been charged with trespass. They are, Hayes; Tatijana M. Kacurovski, 19, of Everwood Run, Webster; Sara M. Gianni, 20, of Quincy Street, Rochester; Donald E. Hayes, 27, of Quincy Street, Rochester; James A. Sharpstene, 25, of Morrow Road, Pavilion; Nathanial D. Clark, 20, of Milburn Street, Rochester; and, Melany M. Schlicker, 18, of Countess Road, Henrietta.

All seven suspects were issued appearance tickets.

Charges are pending against Smart.

Buttermilk Falls is owned by Carla Crocker, a Le Roy resident.

Yaeger said people trespassing at the falls not only put themselves at risk, but all of the people who need to respond when an accident occurs.

"That’s something to think about," Yaeger said. "The fact that these kids may be sightseeing and walking and seeing the falls from both sides, but if something were to happen, they’re putting a lot of individuals at risk."

Chief Wood said during his 12 yeas with the department, there are been three people who fell from the top of the falls. The first two victims died as a result.

Eric Friedhaber, a Le Roy resident whose property abuts the top of Buttermilk Falls, said trespassers are common on both sides of the creek around the falls.

"There's no guard rails so you can get pretty close to the edge," Friedhaber said. "When you go back there, there are lots of beer bottles and cans and graffiti on the bridge. Any time the weather's nice and there's water in the creek, people go back there and hang out. It's a party spot for kids."

Friedhaber said he's seen people get pretty close to the edge of the falls, even dancing at the edge of the falls.

"Every day three or four cars are parked out here and people go back there all the time,"  Friedhaber said. "I’m kind of surprised it (people falling) hasn’t happened more often."

Responding to the scene today: Le Roy fire, Sheriff's Office, Mercy EMS, Mercy Flight, Bergen fire, Genesee County Emergency Services and the rope rescue team.

Bottom photo of Buttermilk Falls taken by Eric Friedhaber on an earlier date.

Another of the five defendants rounded up July 9, 2009, as part of a local and federal investigation into the distribution of methamphetamine in Genesee County entered a guilty plea today in federal court.

Andrew Chapman, 42, of Batavia, admitted to conspiracy to possess with intent to distribute, and to distribute,  methamphetamine.

He faces a possible maximum sentence of 20 years in prison, a $1 million fine, or both.

Chapman received the meth he sold from Donald G. Vanelli II, 49, of Le Roy, who is serving more than 17 years for his role in the sale and distribution of meth locally.

Also charged as a result of the investigation by the Local Drug Enforcement Task Force, the FBI and the DEA, were David H. Cohen, 51, of 918 Goodman St., Rochester, Donna L. Boon (aka Donna McAuley), 46, of 3658 Batavia-Oakfield Townline Road; and Kerry A. Ball, 53, of 7202 Meadville Road, Basom.

The status of Ball's case was not released, but the case against Cohen is still pending.

Boon's charged related to the initial arrest were later dismissed and Boon proclaimed her innocence, but she was subsequently re-arrested.

Chapman will be sentenced Sept. 17.

Jeremy Yasses really misses those Friday afternoon lunches with his dad at St. Nick's, and after a while, he figured the only way he was going to get them back was if he bought the building on South Swan Street, Batavia, and provided the help to reopen it.

Today, Yasses closed on his $40,000 purchase, which included the contents of the building.

At 6 p.m., June 24, Yasses will host a meeting at the St. Nicholas for anybody who is interested in talking about forming a new club.

So far, he said, many former St. Nick's members have expressed interest in getting the club going again.

Yasses has also tried contacting former Elks Lodge members about sharing the space, but so far the response from the Elks has been cool.

"I'm willing to give free rent or a free lease for some period of time," Yasses said. "I really want to get the club going again. If that doesn't happen, well, OK, I have other people interested in the building."

Yasses said there are doctors interested in the space, or it might work for a veterinarian's office, and of course with all the space, the kitchen and large parking lot, it would also work for a restaurant. Whatever the space becomes, Yasses said, it needs to fit the zoning for the sake of the residential neighbors.

Recently, Yasses renovated a house at 38 Montclair St., Batavia, that he purchased out of an estate sale. Prior to that, he renovated a house on Ellicott Street that he purchased at a city tax lien auction.

"I've gotten only positive feedback (from city officials) on the properties I'm going to flip or renovate," Yasses said.

He said the initial feedback from the city has been supportive of his purchase and plans for the St. Nick's building.

Officially, if the new club is formed, it can't be known as the St. Nicholas Club. That business name has too many judgements against it and there are too many vendors that won't work with that business any longer.

Still, Yasses is hopeful the club -- if not in name, at least in spirit -- can be revived.

"I was a member, my dad was a member and my granddad was a member," Yasses said. "My idea is if we can get 300 members -- I believe they had 500 or 600 members when they shut down -- get 300 members to give $100, that's 30 grand. That will get the place going."

Matthew Charles Olcott, 33, of Overlook Drive, Batavia, is charged with unauthorized use of a vehicle and aggravated unlicensed operation. Olcott is accused of taking his wife's car and using it without permission. Olcott allegedly does not have a NYS license.

Lisa A. Fleming, 44, of Batavia, is charged with criminal contempt, 2nd, disobeying a court order and acting in a manner injurious to a child under 17 years of age; Anthony D. Alexander, 38, of Batavia, is charged with criminal contempt, 2nd, disobeying a court order. Fleming and Alexander were arrested by State Police as part of the same criminal investigation. The incident was reported at 1 p.m. on May 23. Fleming was arrested June 6 and Alexander was arrested Tuesday. No further details released.

A Batavia man tried to break up a fight between two girls in Attica on Tuesday night and wound up in the hospital with a head injury after the boyfriend of one of the girls allegedly hit him.

Grayson Stock, 20, was found semiconscious by EMS personnel and transported to an area hospital where he received stitches to his mouth and back of his head.

Taken into custody and charged with assault, 3rd, was Brandon B. Harrington, 17, of 2719 Humphrey Road, Varysburg.

The incident was reported at 10:30 p.m. at Main and Prospect streets, Village of Attica.

According to the Attica PD, Harrington hit Stock once and Stock fell backward hitting his head on the sidewalk.

Stock was initially transported to Wyoming County Hospital and later transferred to ECMC for observation.

Harrington was jailed on $1,000 bail.

Genesee County Economic Development Center has approved the following projects for development incentives:

Batavia Animal Hospital (Perry Vet), 3699 W. Main St. Road, Batavia, is constructing a new 6,300-square-foot facility behind its current building. The project will receive a sales tax exemption of $76,960, a mortgage tax exemption of $16,250 and a property tax exemption of $80,994. Perry Vet is investigating $1.733 million in the project. The project will create five new jobs and retain 11 jobs.

Merrill Lynch, 24 Masse Place, Batavia, is moving into new office space. Merrill Lynch is receiving a $13,360 sales tax exemption. The company's total investment is $867,000. The project will create 16 new jobs.

Genesee & Mohawk Railroad - GVT, 100 Evans St., Batavia, is adding a 2,800-square-foot headquarters building next to a 31,000-square-foot transload warehouse constructed in 2008 for $2 million. The headquarters project will receive $13,600 in sales tax exemption, $3,750 mortgage tax exemption and $42,762 property tax exemption.The company is investing $360,000. The project will create two new jobs and retain 19.

Le Roy Motors, 7000 W. Main Road, Le Roy, is expanding its current facility by 2,400 square feet and renovating its interior. Le Roy Motors will receive $33,600 sales tax exemption, $9,375 mortgage tax exemption and a $29,631 property tax exemption. The company is investing $785,000. The project will create three new jobs and retain 35 jobs.

A motor-vehicle accident is reported by Wendy's restaurant off Main Street. There are no injuries, but it is completely blocking traffic. Police are on scene.

A sewer district for West Main Street Road, Town of Batavia, was approved by voters today, with 53 yes votes and 19 no votes.

Batavia PD investigators are still unsure how a 51-year-old resident of 400 Towers fell from a seventh-floor window to his death Tuesday afternoon.

Police officials believe William Hastings was alone in his apartment at the time of his fall.

He fell through the screen of the window, partially tearing it away.

"I was in the parking lot and seen the man falling so I ran over immediately," said 22-year-old Richard Smith. "I called 9-1-1 as I was running. I was the first to get to him. It was a pretty bad thing to see. I'm a little shaken up. It's a hard thing to see. I've never witnessed anything like that in my life."

Dispatchers received Smith's call just before 2:55 p.m.

Medical personal were on scene less than a minute after Smith's call, but there appeared to be little chance to revive Hastings. Less than five minutes after the initial call, personnel were covering Hastings body.

Smith said when he reached Hastings the man didn't appear to be breathing and Smith believes Hastings had already succumbed to the trauma of the fall.

Coroner Robert Yungfleisch arrived a short time later and pronounced Hastings dead.

Lt. Eugene Jankowski said detectives were conducting a thorough investigation, looking into all possible reasons Hastings might have fallen from the window. They were gathering evidence and interviewing witnesses and people who knew Hastings.

'It's still too early to say what happened," Jankowski said.

Hastings was taken to the Monroe County Medical Examiner's Office for an autopsy. 

Autopsy findings have not yet been released.

Jankowski said Hastings was married, but he didn't know if his wife lived with him at 400 Towers.

The facility is run by the Batavia Housing Authority and contains 148 apartment units occupied by both senior citizens and people with disabilities.

A neighbor of two of the people displaced Monday by the fire at 33 Pearl St., Batavia, is organizing a fundraiser on their behalf.

The two young women lost their belongings and their puppy.

Angela Schlaggel said the two woman have disabilities and could really use the help to get back on their feet.

Schlaggel can be reached at (585) 409-1128.

A 10-year-old child is being taken to UMMC after reportedly inhaling cinnamon. The child lives in Attica and an ambulance from there is meeting up with Mercy medics, who will make the drive to the hospital on North Street in the City of Batavia.

UPDATE 6:58 p.m.: The child inhaled a small amount of cinnamon (either a teaspoon or a tablespoon) on a dare. Inhalers were then used but there was still difficulty breathing. The child is resting comfortably and will arrive at UMMC shortly.

An injury accident is reported at Ross and East Main streets in the City of Batavia. City fire and Mercy medics are responding.

A man reportedly fell from a seventh-story window at 400 Towers, located at 400 E. Main St. in the City of Batavia. The patient is on the ground, unresponsive. City Fire Department, police and Mercy EMS are responding.

UPDATE 3:03 p.m.: City fire is back in service. A person on the outside who saw the man fall is being interviewed by authorities. The man who fell has no identification on him. The window screen was not removed, rather, it tore open when he fell.

UPDATE 4:29 p.m.: The victim of the fatal fall has been identified by police as William Hastings. He lived at 400 Towers and was born in 1960.

Clifford Leo Regimbal, 33, of Oakfield, is charged with criminal possession of marijuana and unlawful growing of marijuana. Regimbal was a passenger in a vehicle that was stopped at 6:57 p.m. Monday on Route 77, Basom, and allegedly found in possession of a bag containing more than 25 grams of marijuana and a 2-foot tall marijuana plant. Also charged with unlawful possession of marijuana was Ashley Nicole Janikowski, 28, of Oakfield. The traffic stop was initiated by Depty Patrick Reeves.

Jamie R. Bachorski, 18, of Webber Avenue, Oakfield, is charged with endangering the welfare of a child. Bachorski is accused of smoking marijuana with a child May 29.

Amber Michelle Hufsizer, 21, of Newark, is charged with petit larceny. Hufsizer is accused of stealing merchandise valued at $90.89 at Darien Lake Theme Park.

Brad C. Doward, 22, of 10 Hall St., Batavia, is charged with criminal trespass, 2nd, criminal mischief, 4th, harassment, 2nd, and endangering the welfare of a child. Doward allegedly unlawfully entered the residence of a friend, damaged property, had physical contact with the resident, all while in close proximity to a child. The incident was reported at 4:30 p.m. Sunday, and Doward appeared at police HQ at 12:30 p.m. Monday.

Mark W. Nassivera, 21, of Rochester, is charged with criminal mischief, 3rd. Nassivera was taken into custody by State Police in connection with an incident reported at 10:03 p.m. Sunday in Alabama. Nassivera was jailed on an unspecified amount of bail. No further details available.

David L. O'Neil, 22, of 101 Elmwood Parkway, Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. O'Neil was stopped by State Police at 12:29 a.m. Saturday in the Town of Pembroke.

Nicole Reilly was playing a game on her computer Monday afternoon when she heard a banging on her window and someone yelling.

"I had no idea what was going on," she said. "Justin looked out the window and said, ‘The house is on fire,’ so we just got out."

The fire, reported at 1:38 p.m., at 33 Pearl St., Batavia, displaced 10 residents and claimed the life of a 10-week-old chihuahua.

Two kittens and a cat were rescued, and while the garage was totally destroyed and the second floor apartment was heavily damaged, the structure is still standing.

However, owner Thomas J. Mazerbo is uncertain of the building's ultimate fate.

Mazerbo, had nothing but praise for the work of city firefighters, the police and Mercy EMS.

"With the response time, I appreciate everything that was done," Mazerbo said. "Everybody (fire, PD and EMS) was here fast. The important thing is nobody was hurt or injured."

The fire started in the garage and police took two people in for questioning. The two men may have been in the garage when the fire started.

The cause of the fire has not been released.

Chief Jim Maxwell said the garage was fully involved when Engine 12 and Ladder 15 arrived on scene, and there were already flames licking the rear of the structure, pushed toward the two-story apartment building by westerly winds.

"Our initial concern was to get some lines on the garage," Maxwell said. "We set up an unmanned master stream. The garage was pretty much written off when we got here, so our main concern was to make sure we didn't lose the house."

The garage and house were covered in asphalt shingles, which is a good fire retardant, Maxwell said, but once ignited, burn hot and fast.

The 10 residents included an elderly woman who was about to move into a single-story flat, Mazerbo said.

"We'll need to hurry up now and get that ready," he said.

Among the first people to report the fire was Jim Lucki, a Batavia resident, whose in-laws live next door. He was driving past the house when he saw the garage fire. He stopped, ran to the house, and alerted the people inside. He tried to get to the second floor, but the smoke was too heavy at that point, he said.

Once all of the residents were accounted for, the ones at the scene turned their attention to the safety of the animals. It wasn't until the fire was nearly out that a cat and two Persian Himalayan kittens, Samson and Sebastian, were rescued.

The deceased puppy was located in the second floor apartment a short time before fire crews went back in service.

Assisting at the scene were the Alexander and Elba volunteer fire departments as well as Emergency Services and the Red Cross.

PHOTOS: Top, Alexander 1st Assistant Chief Marshall Merle carries Sebastian to safety. Second photo, Stacy and Matthew Johnson with Samson, relived that he was rescued. Very bottom photo, fire investigators begin sifting through rubble in the garage in the hope of finding clues on how the fire started.

If you're unable to view the slide show, click here.

Two flower beds that in recent years haven't looked like much got a hosta makeover by city staff Monday afternoon.

City Manager Jason Molino, himself an avid gardener, organized the effort and convinced several local businesses, including Genesee Dental, Hawley Insurance, the Bank of Castile and WBTA, to pay for the hostas.

City staff from several different departments turned out today and got the 21 plants in the ground in about 30 minutes.

The plants were selected by Molino, who also drew up the plans on where each should be planted, and purchased from Pudgie's Lawn and Garden.

Asked, why hostas, Molino said, "Partially, because I’m a big fan of hostas myself. Hostas don’t need a lot of care. They’re pretty hardy. They’re a good no-brainer in terms of maintenance and something that will come back every year. As they come back and fill out more, you’ll see more and more the hostas themselves and less of the dirt."

Photos: Above, Molino and Sally Kuzon. Below, Sgt. John Peck, Batavia PD, and bottom photo, most of the staff (and Sgt. Peck's wife) who participated in the planting.

If you happened by GCC this morning and saw the entire fleet of Turnbull Heating, Air Conditioning and Refrigeration trucks on the parking lot -- no, the college was not undergoing some sort of massive HAVC overhaul.

Owner Bill Hayes, rather, had his entire crew out at the BEST Center this morning getting customer service training.

It's one of several programs offered by BEST to local businesses. Customer service is available to individuals or companies, which can bring their entire staff in for training that's specific to the company, Director Ray Chaya said.

"Sometimes, the best customer service is just better internal communication," Chaya said.

The training not only helps employees communicate with each other better, but with customers, and it stresses the importance of product knowledge, and dealing with customers who might be impatient or irritated.

Chaya said good customer service can also lead to more sales -- when employees have good product knowledge and know how to communicate what they know, it helps customers see the benefits of upgraded purchases.

"You want good customer service because you want people to come back, and word of mouth will help get new customers," Chaya said, "but more knowledge can also lead to more sales."

While Turnbull has long had a reputation for good customer service, Hayes said he's never put his employees through this sort of training before. He called the training program a "Turnbull Tune-Up."

"Nobody is perfect," Hayes said. "There's always room for improvement. We never want to fall down on customer service one iota."

"The BEST Center has some of the most intelligent and knowledgeable people and that's what they do -- they help businesses and people be better themselves. That's why it's the BEST Center."

It was scary, Hayes said, to completely shut down his business for half a day, but it was worth it. His answering service reported back that customers understood.

"Who would have thought when we scheduled this four months ago for a heating and air conditioning company, it would have been the hottest day of the year," Hayes said.

"My employees came out of there feeling very comfortable about where they need to go from here with customer service," Hayes added.

Valerie Ann Parker, 32, of Parker Road, Basom, is charged with assault, 3rd. Parker was reportedly involved in a verbal argument with another woman when she allegedly head-butted the woman, breaking her nose.

Shawn MIchael Twardowski, 29, of Vine Street, Batavia, is charged with criminal contempt, 1st, and aggravated harassment, 2nd. Twardowski was taken into custody on a warrant out of Town of Oakfield Court and jailed on $2,500 bail.

Albert Andrew Ackerman, 47, of Silver Road, Bethany, is charged with harassment, 2nd. Ackerman is accused of grabbing, pushing and punching a woman during a domestic dispute. An order of protection was issued requiring Ackerman to stay away from the woman.

Jason Robert Sando, 45, of Walkers Corners Road, Byron, is charged with unlawful imprisonment, 2nd, and harassment, 2nd. Sando is accused of restricting a woman's movements and subjecting her to physical contact during a domestic dispute. He was jailed on $1,000 bail.

Tammy L. Price, 40, of 1526 Kingsley Road, Wyoming, is charged with DWI, driving with a BAC of .08 or higher, unsafe start and uninspected motor vehicle. Price was taken into custody by Le Roy PD after her vehicle was allegedly observed pulling out of a parking lot in an unsafe manner.

Joshua A. Mead, 27, of Downing Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater and following too closely. Mead is accused driving drunk at the time he was involved in a motor-vehicle accident at 12:04 a.m. Sunday on Route 77 in Darien. Mead was taken into custody by Sgt. Greg Walker. Darien Fire Department assisted at the scene. (Initial Report)

Terrance A. Falk, 47, of West Main Street, Le Roy, is charged with harassment, 2nd. Falk is accused of dumping a plastic tote filled with paper over his wife's head during a domestic dispute.

Ashley Allen Wayne, 46, of Rose Circle, Hamlin, is accused of being a fugitive from justice and was cited for no seat belt. Wayne was stopped on Route 237, Byron, for allegedly not wearing a seat belt. During the stop, Deputy Chris Parker discovered Wayne was wanted on a warrant out of Pennsylvania for allegedly endangering another person. Wayne was jailed pending extradition.

Daniel Gordon Vanderwalle, 33, of Stuart Avenue, Newark, was arrested on a bench warrant. Vanderwalle is accused of not appearing on a charge of petit larceny in Town of Batavia Court.