batavia

A futon caught on fire this morning at 29 Tracy Ave., but the apartment was not damaged.

The initial alarm came in around 10 a.m. and city firefighters responded.

Firefighters found the futon outside the apartment, where the resident had dragged it.

According to Lt. Jay Steinbrenner, the resident was apparently smoking on the futon when he fell asleep. When he woke up, he tried putting the fire out himself. He apparently tried a few times, according ot Steinbrenner.

"This apparently went on for an hour and a half," Steinbrenner said.

When the futon flamed up pretty good, the resident dragged it outside and called 9-1-1.

It's an auspicious time for Terry Anderson to return to Batavia to dedicate a peace garden.

Anderson, who grew up in Batavia, was chief Middle East correspondent for Associated Press when he was abducted on March 16, 1985, in Beirut following a game of tennis. Anderson was held in captivity by Hezbollah for six years and nine months.

As Anderson returns to his boyhood home, the Middle East is exploding in a way it never has before. Governments in Tunisia and Egypt have been toppled by pro-democracy demonstrators. Even the Iranian government, which backs Hezbollah, is facing youthful opposition.

Anderson is cautiously optimistic about what he sees happening.

"I watched Yasser Arafat and Isaac Rabin shake hands on the White House lawn," Anderson said tonight during a meet-and-greet at Batavia Downs. "It was one of the most optimistic days of my life, because I covered that conflict for years, and (look at) what has happened since.

"It doesn’t always turn out for the best. But yes, I see something new in the Middle East. I see something that promises something hopeful for the future."

One of America's most acclaimed and recognized journalists, Anderson was invited to return to his former hometown to help raise funds for a War of 1812 Peace Garden planned for a plot of land adjacent to the Holland Land Office Museum.

Anderson will have a busy day Friday, starting with an 8 a.m. visit to Batavia High School. He will also have lunch with GCC President Stuart Steiner followed by a public lecture at noon at GCC. At 2 p.m., there will be a press conference with Anderson at the Genesee County History Office, 7 W. Main St., and at 5 p.m., the main event -- a dinner at Terry Hills ($25 per person), where Anderson will be the featured speaker.

Thursday night, Anderson arrived at Batavia Downs shortly after 7 p.m. and he was warmly greeted by a few old friends as well as people involved in organizing the peace garden effort. Anderson also took a few minutes to talk with members of the media who where there.

Anderson -- who recently finished a teaching stint at the University of Kentucky and is now contemplating a return to residency in Upstate New York -- was animated as soon as the topic turned to the turmoil in the Middle East.

He recalled that he was in captivity when Marcos fell in the Philippines, and that was followed by the regime falling in South Africa and then, of course, the toppling of the Berlin Wall and the fall of the Soviet Union.

"It just proves again what we knew then – you can have all of the police and secret police and guns and thugs in the world, and when your people stand up and say, ‘no, we’re tired of you,’ you’re gone," Anderson said.

He added, "Every country is different, but there is something going around that they all seem to have in common: They are tired of dictators and corruption and denial of human rights."

A Vietnam veteran, Anderson said that as a 19-year-old Marine, he visited the most famous peace garden in the world, the one at ground zero in Hiroshima, Japan. So when he was invited to return to Batavia to help bring about a new peace garden he thought, "who's not in favor of peace?

"Why would I miss a chance to dedicate a peace garden? It may be on a smaller scale, but why wouldn't I support it?"

Photo: Jim Owen gets an autograph from Terry Anderson on one of his books.

A public hearing has been set with the Town of Batavia Planning Board to discuss a proposed change to the location of Oil Doctor, 4003 W. Main St. Road, Batavia.

Owner Ben Thompson has requested permission to convert a portion of the existing building to an area for motorcycle sales.

The hearing will be at 7:30 p.m., March 1, at town hall, 3833 W. Main St. Road, Batavia.

A copy of the application is available at town hall for review.

Construction has begun on a $2 million project to add an indoor water park to the Clarion Hotel on Park Road, Batavia.

Owner Chan Patel (above) said he is looking forward providing year-round recreation to the region. He expects to draw customs from Buffalo and Rochester, not just Genesee County.

"We have a big staff," Patel said. "Even in the winter, we have 60 people on staff. During the summer there's plenty of work, but in the winter I have to cut down their hours. It's not fair because they have to support their families, too."

The 12,000-square-foot facility -- Palm Island Indoor Water Park -- includes a 197-foot and a 169-foot water slide, a pool equipped with basketball hoops, a spa, a play lagoon with waterfalls, small slides and dumping buckets, as well as birthday party rooms, a food and beverage concession and an arcade room with 15 games.

Patel said he planned the park so that there would be activities that would appeal to all ages.

"This will bring more business into town," Patel said. "It will be a benefit to the whole community."

He's even partnering, he said, with local businesses to help ensure his guests patronize those businesses.

He's also using local or regional contractors. The design was completed by Smart Design, of Batavia. Whitney East, of Rochester, is the general contractor, and Batavia's Arctic Refrigeration is handling all of the mechanical work.

The project received tax abatements from the Genesee County Economic Development Center worth about $91,600. That includes partial abatement of property taxes for 10 years worth $18,800, a mortgage-tax abatement worth $12,800, and exemption from sales tax on materials for construction of the park worth $60,000.

GCEDC estimates the $91,600 in tax abatement will have more than a $5 million multiplier-effect benefit for the local economy.

A 26-year-old Stafford man apparently had a bad day at the Department of Social Services office and when a security guard told him it was time to leave, he didn't immediately comply.

"The situation became verbal and then it became physical," said Trooper Mark Catanzaro.

The initial 9-1-1 call for assistance came into the Emergency Dispatch Center at 11:14 a.m.

Taken into custody and facing a possible harassment, 2nd, charge is Steven Joseph, who listed an address in Mancuso Heights, off Seven Springs Road, Stafford.

The security guard was checked by Mercy EMS as a precaution, but was not injured, though his jacket was torn.

Joseph did not appear injured either. 

Catanzaro said Joseph was at DSS seeking services, but "it wasn't going well." He became agitated and the security guard suggested he leave and come back another day.

During the confrontation, the guard wrestled Joseph to the ground and held him there until law enforcement arrived.

Catanzaro was first on scene. A city police officer and Sheriff's deputy arrived on scene seconds later.

UPDATE: A reader sent an e-mail saying that Mancuso Heights is actually in the Town of Batavia.

At least eight buildings in Downtown Batavia were tagged with graffiti some time since later yesterday evening, according to police.

The police report doesn't specify which buildings, but the building owners were notified that police officers spotted the graffiti sometime around 2 a.m.

There has been a little tagging of downtown buildings in the past, but this new tagging does not match the previous words/symbols left.

Chief Randy Baker said the police officer wasn't even sure what the message of the tags were.

Baker suggested that anybody who is downtown after dark call police and report any suspicious activity around buildings.

UPDATE: Downtown property owner Ken Mistler is offering a $500 reward for information leading to the arrest and conviction of the tagger.

Anthony P. Dioguardi, 28, a resident of Wyoming Correctional Facility, is charged with four counts of sexual abuse, 1st. Dioguardi is accused of having forcible sexual contact with a child under 11 on two separate occasions in 2006. Dioguardi is currently serving a sentence on a conviction for similar acts, also in 2006. The case was investigated by Det. Kevin Czora, Batavia PD.

Amanda Ann Barclay, 23, of Angling Road, Corfu, is charged with criminal contempt, 2nd. Barclay is accused of remaining in the presence of two people whom she is barred by court order from contacting.

Local hotel owners are united in their opposition to the proposed four-story Holiday Inn Express that could become their new neighbor.

One by one, the owners gave their reasons why to the Town of Batavia Planning Board Tuesday night. They cited serious traffic concerns and opposed a building that would tower over others. They claimed another hotel would negatively impact their businesses and, ultimately, the local job market.

The proposed "franchise hotel" would have, according to architect Mark Tiedemann, of MWT Architecture, "...80 rooms with a small meeting room space along with a dining space/breakfast area and an indoor pool."

Developer Michael Patel was not present. He also owns the Hampton Inn in Batavia and is an investor in Chase Hotel Group.

"He doesn't live in our community -- he's not from the area," said a hotel owner.

More than one owner complained that the Hampton Inn continually undercuts the prices of its competitors, starting a "price war."  

Rashi Dev, owner of the Comfort Inn in Batavia, said her hotel will be the most negatively affected if the Holiday Inn Express is erected at four stories high next to her two-story building.

Hotel owners agreed that demand for their services has dwindled in this troubled economy. Some have had to lay off a number of employees and they admitted working long shifts as their own front-desk attendants, even having to clean rooms.

"We're already overpopulated," said Vibhu Joshi, owner of Days Inn and Super 8. He explained that the number of hotels at exit 48 proves to be the highest concentration off the thruway from Syracuse to Pennsylvania.

 "Currently, all the hotels here are struggling in a bad economy and this will hurt even more... the county and the state because the demand will not increase. The supply would be increasing."

The proposed project touts the creation of 19 jobs, but hotel owners questioned whether they are full or part time, and whether or not they will be seasonal. They also pointed out that Patel is known to "share" employees from facility to facility and said that the "new" jobs would most likely be given to those already employed at the Hampton Inn.

Dev informed the planning board of a few parking lot troubles she already encounters with her close proximity to the Hampton Inn, and asked that traffic and parking be looked into further. It was pointed out later by Tom Warth, of Hiscock and Barclay -- hired to represent the existing hotels, that the traffic studies should be conducted during the peak hotel season in the summertime.

Planning Board Chair Kathleen Jasinski tried to assure the concerned business owners that, "This is all so preliminary and it's the first the planning board is hearing of it tonight... If we need to have another public hearing on the matter, we will."

After listening to the genuine concerns and issues of the hotel owners and even a few hotel employees, Jasinski seemed certain that another public hearing will be scheduled at a later date.

The planning board agreed to serve as lead agency on the project and to go through the SEQR process beginning March 15 -- after the applicant provides a traffic study. Jasinski said she couldn't comment on whether the study would be considered adequate if it turns out it wasn't conducted during peak hotel season.

Besides parking and traffic, height was a big concern.

Tiedemann said the building's height shouldn't negatively affect those around it because westbound Thruway traffic can't see the buildings behind the Route 98 bridge anyway. And eastbound traffic would see it behind the others from the opposite direction.

Jasinski warned that, "Unfortunately, we deal with only the land use. We just determine whether or not the project is the right use for the land and that area. We are not involved in the economics -- they have already gone through that with the GCEDC and they've gotten their tax incentives and it's all worked out."

When Warth pointed out that, "Actually, they don't (have it all worked out) because they are waiting on the planning board."

Jasinski replied, "Well they are going to wait a little bit because we have a lot to do."

Although a 40-foot height variance was approved by the Zoning Board of Appeals, the project was incorrectly categorized as one not requiring a SEQR review. In fact, the zoning board cannot grant a variance until a SEQR is completed, so its decision is invalid.

"I don't see any reason to allow another hotel but just in case it turns out they have the right to be there, I would like to see that you don't give the varience for additional height," Joshi charged the planning board. "

"Show the reason - if there is supply and the need is there for a higher building, so be it... but why grant the unfair advantage when everyone else is at the same height? They are the ones getting tax benefits, they will lower all the rates to take the business from us and put us in jeopardy and they sell the bulding and run."

No more muddy football games, practice sessions that can begin a month earlier and end a month later and lower maintenance costs are among the advantages of an artificial turf field. That's what about 30 attendees were told about at a public hearing Tuesday night on a proposed $3.9 million upgrade to Van Detta Stadium and the field.

The upgrade would also bring showers into federal Title IX compliance and disability access to the stands into compliance with the American with Disabilities Act. It would also add 75 adjacent parking spots.

The financial impact of the project, some of which would be covered by state aid, would mean the district would need to collect about $110,000 in annual taxes from district residents over 15 years.

Superintended Margaret Puzio acknowledges that in a slow economic time a proposal like this might be counterintuitive. But the time is right, she said, because the recession means the district is likely to attract lower bids from contractors.

"It's important for the public to understand that this may be the last opportunity to do a project of this scope funded at this level," Puzio said near the end of the public hearing.

Afterwards, Puzio said she thought it was important to at least present the option to the public.

"I told the board, morally this is the right thing to do -- to let the public know this is available and let them decide," Puzio said.

The local share -- the amount local taxpayers will pay for directly -- is $1.6 million. The district already has more than $500,000 in its capital improvement fund, which leaves a little over a million to raise locally.

That would mean a tax increase of $6.41 annually to the tax bill of a property assessed at $75,000.

Revenue to pay the balance of the $3.9 million project cost is expected to come from state aid.

The public vote on the proposal is March 29.

Besides converting the playing surface to artificial turf -- which would greatly multiple the number of events and practices the field could be used for annually -- the proposed project also renovates and expands the press box. It adds coaches offices adjacent to the locker rooms and creates separate shower facilities for boys and girls.

The current showers can't even be used because they don't comply with requirements of Title IX.

There would also be a new concession stand area that would include public restrooms.

A 75-space parking lot would be constructed on a current playing field off Union Street (near the center, top left of the picture above).

A grease fire was reported about 10 minutes ago at a residence on Tracy Avenue (in the area of 15 or 16). It was called in by a neighbor.

The first started in the upper apartment kitchen, at the rear of the building. Electrical power is arcing at the back of the stove and National Grid is called. The power is now shut off in the basement but lights are still on on the second floor.

The fire is knocked out by City of Batavia Fire Department and the building is being ventilated. An off-duty crew is called to standby in the fire station.

UPDATE 3:10 p.m.: A fire chief says "no school transportation is acceptable" along that portion of Tracy Avenue. National Grid is expected on scene at any moment now.

Here's what happened at Monday night's city council meeting.

There were two public hearings -- one on the proposed budget with its $1.59 per-thousand property tax increase and another on the water and sewer rate increase (adding about $12 per year to the average homeowner's bill) -- and no members of the public showed up.

A pair of local residents raised their concerns about a neighbor dispute they would like the police department to take action on.

And Elijah Monroe, above, presented a framed certificate to the Batavia City Council commemorating Batavia for being the Niagara Frontier chapter headquarters for the The Society of the Second War with Great Britain In the State of New York.

The society is affiliated with the General Society of the War of 1812, which is an organization for the male descendants of anyone who served in the War of 1812.

Kenyada R. Peterkin, 29, of Saxton Street, Rochester, is charged with criminal possession of a controlled substance, 7th, aggravated unlicensed operation, unlicensed operation and unlawful possession of marijuana. Peterkin was arrested following a traffic stop by members of the Local Drug Enforcement Task Force. He was allegedly found in possession of crack cocaine and marijuana. Peterkin was jailed on $1,500 bail.

A 17-year-old from Asbury Road, Pavilion, is charged with criminal contempt, 2nd, and harassment, 2nd. The youth allegedly violated a court order by hitting another person during an argument.

Matthew Joseph Dahl, 19, Tinkham Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in a no-passing zone and inadequate headlights. Dahl was stopped at 2:06 a.m., Saturday, on Tinkham Road, Darien, by Deputy Jason Saile.

Stephen Daniel Golembiewski, 32, of Main Road, East Pembroke, is charged with DWI, driving with a BAC of .08 or greater, driving left of center pavement markings and obstructed rear plate. Golembiewski was stopped at 1:13 a.m., Sunday, on Indian Falls Road, Pembroke, by Deputy Patrick Reeves.

Jenna Alexandra Kavanagh, 18, of Guaymar Circle, Rochester, is charged with unlawful possession of marijuana. Kavanagh was allegedly found in possession of marijuana during a traffic stop on Thursday by Deputy James Diehl.

Brandy Rose Douglas, 31, of South Main Street, Elba, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and driving left of pavement markings in a no-passing zone. Douglas was stopped at 12:17 a.m., Friday, on Chapel Road, Byron, by Deputy Jason Saile.

A car fire has been reported on the Thruway in the area of mile marker 387 in the westbound lane.

Town of Batavia Fire being dispatched.

UPDATE 7:20 p.m.: There's been only one call reporting the fire. Mile maker 387 is about 2/10ths of a mile east of the Byron Road underpass.

UPDATE 7:31 p.m.: A chief on scene reports no flames showing. Engine 21 is returning to quarters.

UPDATE 7:32 p.m.: Engines 23 and 24 arriving on scene. The fire appears to be out.

UPDATE 7:38 p.m.: Mechanical problems. Town of Batavia Fire back in service. The actual mile marker was 387.9.

Regional GOP leaders expect to name a candidate to run in a special election for Chris Lee's former seat within eight or nine days, said Nick Langworthy, Erie County GOP chairman following a two-hour meeting of county chairs at Batavia's South Beach Restaurant.

"We need to nominate somebody in short order because we believe the election will be held some time in the next six to eight weeks," Langworthy said.

Added Monroe County Chairman Bill Reilich, "Governor Cuomo is not Governor Paterson. He knows we need representation in Washington."

Last year, residents of the 29th Congressional District went eight months without representation because Gov. Paterson refused to call a special election. In that case, Democrats feared losing the seat to Republicans. In this case, some Democrats think they have a fighting chance to take the 26th District.

The GOP county chairs said candidates for the Republican nomination will be interviewed in one week by 21 GOP leaders from throughout the region.  

Any candidate who wants to be considered, Langworthy said, should contact his or her county chair and provide a letter of intent and resume.

"All candidates will be considered," Langworthy said.

Also attending today's meeting were: Mike Norris, Niagara County; Ed Morgan, Orleans County; Gordon Brown, Wyoming County; and Don Read, representing Genesee County while chairman Dick Seibert is on medical leave.

A snowplow has accidently struck a natural gas pipeline meter behind the Kmart store at 8363 Lewiston Road. It's leaking fuel.

The Town of Batavia Fire Department is responding and will access the scene through the Batavia Downs' parking lot at the rear of the property.

Kmart and Batavia Downs' management have been notified and so has National Fuel Co., which is sending in a crew but no ETA is given.

Winds are reportedly 5 mph from the southwest.

UPDATE 11:39 p.m.: A City of Batavia fire engine is called to respond as mutual aid.

UPDATE 11:49 a.m.: A responder reports that the natural gas leak has been stopped. Crews are asked to check the store's warehouse again to ensure no natural gas fumes are inside.

Tomubari Godswill Gbaraba, 18, of 262 14th St., Buffalo, is charged with rape in the first degree. Gbaraba is accused of having forced sexual intercourse with an 18-year-old victim at College Village. Gbaraba was jailed on $50,000 bail.

Christine A. Woika, 37, of 82 Gilbert St., Le Roy, is charged with reckless endangerment of property and endangering the welfare of a child. Woika is accused of placing a jacket and other clothing in an oven in an apartment and leaving the oven on. The clothes started to burn and if they had caught fire, the fire could have spread causing at least more than $250 in damage. Woika is also accused of allowing herself to become incoherent to the point that she had to be transported to a hospital while she was caring for a 2-year-old child.

John Weston Boddy, 19, of Junction Road, Pavilion, is charged with unlawful possession of marijuana. Boddy is accused of possessing marijuana while on Pavilion Central School property. He was issued an appearance ticket by Deputy Brian Thompson.

A 17-year-old, of Roanoke Road, Pavilion, is charged with unlawful possession of marijuana. The youth is accused of possessing marijuana while on Pavilion Central School property. He was issued an appearance ticket by Deputy Brian Thompson.

Gary Frank Caccamise, 64, of Attica, is charged with unlawful possession of marijuana and drinking alcohol in a motor vehicle. Caccamise was reportedly spotted by Deputy Brian Thompson allegedly drinking alcohol in a motor vehicle. Upon further investigation, Thompson allegedly found Caccamise in possession of marijuana.

Gerald George Ryder, 50, of Bloomingdale Road, Alabama, is charged with criminal mischief, 4th, and harassment, 2nd. Ryder is accused of punching a woman in the head and then smashing her wooden bookcase during an incident at 2:30 a.m., Saturday.

Dylan Allen Barclay, 17, of Lewiston Road, Basom, is charged with criminal sexual act, 1st. Barclay is accused of a criminal sexual act with a child less than 11 years old. 

Robert Jackson, 62, of Robinson Road, Lockport, is charged with DWI, driving with a BAC of .08 and failure to keep right. Jackson was stopped at 7:21 a.m. Wednesday on Lewiston Road, Alabama, by Deputy Brad Mazur.

Robert Paul Leiser, 42, of Lockport Road, Oakfield, is charged with petit larceny and failure to pay a fine. Leiser was picked up on a bench warrant for the petit larceny. He is accused of not paying a fine out of Batavia City Court. Leiser was jailed on $500 bail.

Robert J. Macklem, 21, of 1 Prospect Ave., Batavia, is charged with criminal contempt, 1st. Macklem is accused of violating a "stay away" protection order. A probation officer allegedly found the protected person at Macklem's residence during a routine visit. Macklem was jailed without bail.

Brian D. Leavy, 32, of 10 Cedar St., Batavia, is charged with DWI, driving with a BAC of .18 or greater and speeding. Leavy was stopped at 12:16 a.m. on West Main Street, Batavia, by Sgt. Steve Mullen, Batavia PD.

The Honda that crossed the center line and struck an SUV in a fatal accident yesterday may have been going too fast for conditions, according to Deputy Chief Gordon Dibble, Genesee County Sheriff's Office.

It was under 9 degrees and there was still ice and snow on West Main Street Road at 9:02 a.m. when the accident ocurred.

The investigation is ongoing and there is still much to be learned about what happened, according to Dibble.

"There may be other factors that our investigation will eventually uncover," Dibble said.

Nineteen-year-old Delores Opuku-Boateng, a Batavia resident and student at GCC, died at the scene after being ejected from the Honda.

The driver, 21-year-old Levert R. Kimble, of Batavia, was seriously injured and transported to ECMC. He's out of intensive care and listed in stable condition, according to ECMC patient information.

The other driver, Justin J. Jaszko, 31, suffered a leg injury and was treated at UMMC.