batavia

From The Batavian's news partner, WBTA:

Batavia School Superintendent Chris Dailey has not been selected as the next superindent of the East Rochester Union Free School District. WBTA News has learned that East Rochester will announce its new superintendent later today and it is not Dailey.

Dailey confirmed earlier this month that he was one of three finalists for the East Rochester job.

Dailey has been superintendent of the Batavia City School District for the past two years. Prior to becoming superintendent Dailey was principal of Batavia High School.

Batavia PD investigators and the District Attorney's Office are sorting through legal statutes to figure out exactly what crime to charge a local 18-year-old man with after he allegedly dug up a relative's urn at St. Joseph's Cemetery in Batavia.

The 18-year-old apparently decided he wanted to keep some of ashes of a many-years-deceased relative, so he dug up the urn and took it home, according to Det. Todd Crossett.  

The hole in the ground at the cemetery was discovered yesterday and police quickly identified a suspect.

"In 18 years, this is a first," Crossett, referring to the first grave robbing investigation of his career.

Since it is an unusual case, and the fact that what was stolen is ashes, which creates a small legal wrinkle that investigators want to straighten out, they are looking for some legal clarifications before actually filing charges, Crossett said.

Crossett said an arrest could come as soon as today and police will release more details once the suspect is booked and processed.

So this appeared in Kibbe Park today.

It was a booming first day of business for Ken Mistler's newest business venture, a downtown grill designed to give patrons quick, hot, homemade meals that they can eat-on-the-go.

Ken's Charcoal Pits features hot dogs and hamburgers, but also offers sausages and a garbage-plate style dish Ken is calling a Pit Plate. For those who want lighter fair, there is a salad bar, and grilled chicken is an option.

Everything is made to order right in front of you with the best and freshest ingredients.

The doors to the new shop are on Main Street, but patrons can also enter through City Slickers.

"We got a lot of requests for a quick lunch," Mistler said. "People would say they really liked City Slickers, but they wished they could get in and out a little quicker, but as a full-size restaurant with a full menu, it was hard to do that."

You can dine in, get your meal to go or carry it into City Slickers, where, of course, there is beer on tap.

Mistler, who owns not just City Slickers, but also Next Level Fitness, has long avoided putting his own name on his business ventures, but was persuaded to call it Ken's after his marketing consultant, Marc Tillery, presented the concept to him. The locale features drawings of Ken's two pit bulls, which are charcoal in color. Ken's Charcoal Pits. Get it?

A lot of people are getting that the food is good. Social media lit up a bit today with early rave reviews and the word spread fast with a line out the door past the normal lunch hour.

The hours are 11 a.m. to 9:30 p.m., Monday through Thursday, 11 a.m. to 11:30 p.m. on Fridays and Saturdays, and those hours will be extended as the weather warms up.

Dan’s Tire & Auto is making your tire buying experience plain and simple. We won’t be undersold. We will BEAT anybody’s price on comparable tires, plain and simple.

• No Charge to Mount
• No Charge to Balance
• No Charge for Valve Stems, excludes TPMS
• No Charge to Reset Your Tire Pressure Monitoring System
• No Charge 4-WHEEL ALIGNMENT (Not Alignment Check)
• FREE Rotations for Life of the Tires

We want your tire business, plain and simple. After 35 years there’s one thing we’ve learned, keep it plain and simple and everybody wins. Stop in, call or e-mail to get a quote and set up your appointment.

Dan’s Tire & Auto Service Center, 48 Batavia City Centre, Batavia, NY 14020 • (585) 343-7210. Saturday hours are available by appointment only.

Visit us online at: www.danstire.com or e-mail: dan@danstire.com

Must mention posting on the The Batavian at time of service. Offer applies to four new tire purchase. For aspect ratios below 50 and rim diameters 19” and higher additional mounting and balancing charges apply. Alignment includes toe-in adjustments only. Most vehicles. Cannot be combined with any other promotional offers, discounts or coupons.

A car crashed into a road sign across from Miss Batavia Diner on East Main Street. Injuries, if any, are believed to be minor. City police, fire and Mercy medics on scene.

Howard Clarence Schultz, 56, of Chili Avenue, Rochester, is charged with five counts of cruelty to animals. Schultz was reportedly a resident of 8798 Keeney Road, Le Roy, where he kept duck and chickens as pets. He allegedly moved from the property in late January and left the ducks and chickens behind without making arrangements for their care or relocation.

Christopher John Naugle, 45, of Apple Tree Avenue, Bergen, is charged with two counts of endangering the welfare of a child. During an argument reported at 9:06 p.m., Saturday, Naugle allegedly flipped over a table, slapped and poured beer on a person in the presence of two children.

Michael Leonard Farrell, 45, of Clio Street, Rochester, is charged with criminal possession of a controlled substance, 7th, possession of a controlled substance not in its original container, aggravated unlicensed operation, 2nd, and obstructed plate. Farrell was stopped at 10:55 p.m. Monday on Route 77, Pembroke, by Deputy Patrick Reeves.

James Raymond Corp, 35, of Brewerton Road, Syracuse, is charged with possession of more than 400 untaxed cigarettes and obstructed plate. Corp was stopped at 10:12 p.m. Monday on Route 77, Pembroke, by Deputy Patrick Reeves. Corp was allegedly found in possession of 11,000 untaxed cigarettes.

Kathy BethAnne Woodbeck, 39, of Montgomery Street, Canjoharie, is charged with possession of more than 400 untaxed cigarettes and obstructed plate. Woodbeck was stopped at 11:08 p.m. Friday by Deputy Patrick Reeves. Woodbeck was allegedly found in possession of 23,000 untaxed cigarettes.

Elbert L. Flint, 39, of Morse Place, Batavia, is charged with criminal possession of a weapon, 4th. Flint was allegedly found in possession of a cane sword.

The Batavia Photography Club is holding its annual exhibit at the Richmond Memorial Library. All photos in the exhibit are from local photographers. Many of the photos on display feature local scenery and wildlife. All are invited to come see the photographs and find out more about the Batavia Photography Club. The exhibit is open through the end of the month.

Press release:

Governor Andrew M. Cuomo today announced that PW Minor, a manufacturer and international distributor of leather footwear and orthopedic products, will bring previously outsourced production work from China back to New York State. The move will create 100 additional jobs at the company’s Batavia facility. This news comes on the heels of the Governor’s announcement in August 2014 that PW Minor, which was scheduled to close on July 31, 2014, will remain open under new local ownership and management, retaining more than 50 manufacturing jobs.

“I am pleased that these jobs are being brought back to New York State, where they belong,” Governor Cuomo said. “Our priority is not only to attract new businesses to New York, but also to ensure that the ones already here continue to grow. PW Minor’s decision to bring jobs back to Western New York will add to the region’s growing reputation as a great place for businesses to thrive and I look forward to their continued success.”

The owner of PW Minor, which was founded by two brothers in 1867 shortly after they returned from fighting in the Civil War, is Batavia Shoes LLC, headed by Andrew Young and Peter H. Zeliff. PW Minor is one of a few remaining shoe manufacturers in the United States and the oldest company in Genesee County.

Andrew Young said, “What an awesome opportunity for us to positively impact our community. The people of PW Minor have stepped it up and my money is on them that they will again. We look forward to growing production in Batavia and adding to the PW Minor family.”

Peter H. Zeliff said, “Bringing our production back to New York is our priority. There will come a day when again we can proudly stamp “Made in America” on each and every pair of shoes with the PW Minor brand name.” We are excited to be a part of the resurrection of this American icon.

PW Minor’s $7.35 million project will automate its processes, allowing the company to close the gap between Batavia and China and thereby granting the company the ability to shutdown overseas operations and bring 100 new jobs to Batavia. Empire State Development (ESD) will provide up to $1.75 million in performance-based Excelsior Jobs Program tax credits in return for job creation commitments. This is in addition to the previously awarded $449,505 in 2014. If ESD did not incentivize this project, the company would not be able to close production in China and continue to grow in Batavia.

Howard Zemsky, President, CEO & Commissioner of Empire State Development, said, “PW Minor’s decision to bring jobs back from overseas is a testament to the quality of the region’s workforce and New York State’s welcoming environment for growing a business. It’s great news that more than one hundred employees of this iconic and valued business will continue to make hand-crafted quality shoes in Batavia for years to come.”

President and Chief Executive Officer of the Genesee County Economic Development Center (GCEDC) Steve Hyde said, “The Governor and his economic development team at Empire State Development have once again made a significant commitment to Genesee County to bring new jobs and investment to our region. It’s also a belief in the vision and business acumen of Pete Zeliff and Andrew Young in their efforts to restore the rich tradition of PW Minor in our community.”

Senator Michael H. Ranzenhofer said, “PW Minor’s decision to continue doing business in the City of Batavia and bring jobs back from China is proof positive that Genesee County is a good place to operate a business. With the partnership between Governor Cuomo, Empire State Development and this historic business, the opportunities for Genesee County residents continue to grow.”

Assemblyman Stephen Hawley said “As a small-business owner, I know the struggles and successes that New York’s small-business owners face on a daily basis. Locally-owned businesses are the lifeblood of our economy and I am proud to see my business advocacy in Albany materialize. I am thankful to Pete Zeliff and Andrew Young for re-energizing the new PW Minor as an historic mainstay of our Western New York economy.”

Genesee County Chairman Raymond F. Cianfrini said, “Today is a great day for PW Minor and its employees and a great day for Genesee County. Our thanks go out to Peter Zeliff and Andrew Young for saving this historic business when it was on the brink of closure and now, with New York State’s assistance, bringing additional jobs back from overseas. We in Genesee County are fortunate to have these two individuals, as well as the support of Empire State Development, who are committed to economic development and keeping our county vibrant.”

City of Batavia Council President Brooks Hawley said, “P.W. Minor has been a company deep routed in Batavia for well over 100 years and I am thrilled to see their continued growth in our community. Thanks to Empire State Development for the State’s incentives and to the commitment of new, local owners, Andrew Young and Peter Zeliff, PW Minor has a bright future in Batavia.”

Press release:

Staff Sgt. Christian Hager, a Batavia resident and medical technology student, has been named Non-Commission Officer of the Year for the New York Army National Guard following a five-day competition at Camp Smith Training Site near Peekskill.

Hager, a member of Company A, 2nd Battalion 108th Infantry, competed with five other non-commissioned officers, during the event.

Hager, age 26, has served in the Army National Guard since 2008. He deployed to Kuwait in 2012 with other members of the 27th Infantry Brigade Combat Team. He serves as an infantry squad leader in his Guard unit, which is based at the New York State Armory in Geneseo.

He will now go on to compete with top NCO's from the other northeast states in a competition held at Vermont's Camp Ethan Allen. The winner of that competition goes onto compete against Army National Guard Soldiers from around the country.

The Best Warrior competition tests participant's physical fitness, military knowledge, Soldier skills, and marksmanship ability. Competitors fire the M-4 rifle on both a convention range and in a stress shoot which combines marksmanship with physical demands like running, towing a casualty stretcher, and carrying a heavy load.

This year the event also incorporated a swimming test, M-9 pistol marksmanship exercise and a 12 kilometer timed march with full pack.

Scoring well in these events enabled the participants to qualify for the German Military Proficiency Badge. The New York Army National Guard has an agreement with the German military representative at the United States Military Academy which allows instructors at Camp Smith to award the badge.

Hager was one of five of the 11 participants in the Best Warrior enlisted Soldier and Non-Commissioned Officer competitions to complete the requirements for this award.

Jonathan Chris Shirley, 33, of Council House Road, Basom, is charged with criminal possession of a weapon, 3rd, failure to comply with lawful order, unlicensed operation, aggravated unlicensed operation, 2nd, and no use of signal lamps. Shirley was stopped at 8:24 a.m. Sunday by Deputy Chad Cummings following a complaint of shots fired in the neighborhood on Council House Road, Basom. Shirley's vehicle was stopped and he was found to allegedly be a felon in possession of a weapon. He was jailed without bail. Deputies Christopher Parker, Brad Mazur and Cory Mower, along with State Police assisted in the response and investigation. 

Alexander D. Sweeney, 23, of Redfern Drive, Churchville, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Sweeney was stopped at 1:20 a.m. Sunday on Lake Street, Village of Le Roy, by Le Roy PD.

Timothy L. Freeman, 46, of Pavilion, is charged with menacing, 3rd. Freeman allegedly threatened a woman during an argument at a residence in Covington. State Police responded. He was jailed on $2,500 bail. An order of protection was issued.

William S. Smith, 47, of Main Road, Pembroke, is charged with unlawful possession of marijuana. Smith was allegedly found in possession of marijuana during a traffic stop at 10:57 p.m. Saturday on Main Road, Pembroke, by Deputy Kevin McCarthy.

Kenneth Russell Hernandez, 49, of Adams Street, Rochester, was arrested on a warrant stemming from a petit larceny charge. Hernandez was arrested upon his release from the Monroe County Jail, arraigned in Bergen Town Court, and jailed on $1,000 bail.

Kristine Elizabeth Harmon, 37, of Lincoln Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, drinking alcohol in a motor vehicle, speeding and driving a vehicle without an inspection certificate. Harmon was stopped at 12:36 a.m. Friday on Pearl Street Road, Batavia, by Deputy Joseph Corona.

Allyn Jay George, 49, of Council House Road, Basom, is charged with menacing, 2nd. George allegedly threatened another person with a firearm during an argument, which was reported at 5:53 a.m., Friday. He was jailed on $500 bail.

Three Brooklyn residents apparently thought Batavia would be a good place to try and pass some fraudulent credit cards, but alert employees at local stores tripped them up and all three are now in custody.

The Sheriff's Office was first alerted to suspicious activity by an employee of Rite-Aid, who reported two men were attempting to buy items using several different credit cards.

Their descriptions were given to patrols and dispatchers alerted other area stores.

A short time later, a loss prevention officer at Walmart reported the men were at the store by the Subway concession. 

Deputies responded and spoke with the subjects and a third companion was located.

All three subjects were allegedly found in possession of fraudulent credit and debit cards.

Investigators believe the suspects cloned cards with other people's information and then tried to use the fake cards to purchase authentic gift cards for themselves.

Arrested were: 

• Monta H. Little, 20, of Bushwick Street, Brooklyn, charged with 28 counts of criminal possessioni of a forged instrument 2nd. Little allegedly held 27 fradulent credit and debit cards and one fradulent New Jerese driver's license.
• Robert T. Assing Jr., 20, of Humbolt Street, Brooklyn, charged with seven counts of criminal possession of a forged instrument for allegedly possessing seven fradulent credit and debit cards.
• Nelson Grant Jr., 26, of Seigel Street, Brooklyn, charged with five counts of possession of a forged instrument, 2nd, for allegedly possessing five fradulent credit and debit cards.

The three suspects were arraigned in Town of Batavia Court and ordered held on $10,000 bail each.

The investigation was conducted by Deputy Joseph Corona, Deputy Chris Erion and K-9 Destro, Deputy Joseph Graff, Investigator Roger Stone, Sgt. Ron Meides, along with Trooper Eric Daigler and Trooper Eggert. An agent of the Secret Service also assisted in the investigation.

When Kesean Shannon was charged with rape in early February, police said he may have victimized other women.

Today, Batavia PD announced four more rape counts against the 22-year-old Batavia resident.

Shannon is accused of having sexual intercourse with a woman who was unable to consent on four occasions in June. 

He was arraigned yesterday on four counts of rape in the first degree, police said.

He was already being held in the Genesee County Jail on three counts of first-degree sexual abuse, two counts of third-degree sexual abuse, and one count of sexual misconduct.

Those charges were the result of two separate investigations into allegations that Shannon engaged in sex crimes against two girls, age 15 and 16, and with a victim who is 30 years old.

The alleged abuse occurred in 2012 and 2013.

Shannon is due back in City Court for further proceedings April 14.

The investigation is being led by Det. Kevin Czora. He can be contacted at BPD headquarters, Batavia PD, at (585) 345-6350.

Via The Batavian's news partner, WBTA:

A Basom man remains in the Genesee County Jail today accused of resisting arrest after fleeing probation officers at gunpoint.

Michael Patnode has been charged with reckless endangerment, resisting arrest and obstruction of governmental administration.

Patnode was arrested following a chase that began Tuesday afternoon. Authorities say Patnode reported to the Genesee County Probation Office for a pre-sentence interview.

While there, he learned that he was wanted by police in Monroe County.

Officials said that Patnode, fearing he would be taken into custody, fled the building and ran to the Coffee Culture parking lot on Court Street toward his car.

Two probation officers gave chase, one pulled a service revolver.

Patnode managed to get into his car and race off.

State Police later took Patnode into custody at a relative's home in Basom.

An accident with injuries is reported at the intersection of Main and Bank streets downtown. City fire and Mercy medics are responding.

UPDATE 1:11 p.m.: Mercy EMS left the scene without transporting any patients.

Laquasia M. Orr, 19, of Bronx, is charged with two counts of identity theft, 3rd, and one count of attempted identity theft, 3rd. Orr's arrest stems from a fraud complaint filed Feb. 23 and investigated by state troopers. Orr is accused of memorizing the debit card number of a former roommate and linking it to her own e-mail address and using it to order Chinese food delivery on two occasions and one attempt to order pizza.The total value of the alleged theft is $60. Video surveillance was used to help identify the person who signed for the food delivery orders.The investigation is ongoing.

Zivko Kacurovski, 56, of Linden Tree Lane, Rochester, is charged with possession of more than 400 untaxed cigarettes. Kacurovski was stopped at 11:06 a.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves. Kacurovski was allegedly in possession of 3,200 untaxed cigarettes.

Joshua Lenair Webster, 28, of West Main Street, Batavia, is charged with two counts of attempted criminal contempt, 2nd. While incarcerated at the Genesee County Jail, Webster allegedly made two attempts to contact a person he is barred from contacting by court order.

Ryan Michael Bobzin, 26, of West Bergen Road, Bergen, is charged with unauthorized use of a vehicle. Bobzin allegedly took a vehicle without permission. He was jailed on $1,000 bail.

Press release:

The Summit Street Entrance at United Memorial Medical Center will close on Monday, April 6, as construction begins for the new comprehensive cancer center. Fencing will be placed around the wedge-shaped parking area and there will no longer be an entrance to the facility off of Summit Street.

Visitors and patients should use the Main Entrance of the Hospital off of North Street or the Emergency Department Entrance at the rear of the building. Required employee parking at the Bank Street Campus was recently expanded to increase the number of available parking spaces for patients and visitors to the Hospital.

Previously closed on weekends, the Main Entrance will be open from 8 a.m. to 5 p.m. on Saturday and Sunday. United Memorial will assess the need for transport services, additional wheelchairs and alternate weekend hours to best serve patients.

A sidewalk will be installed on the east side of Summit Street leading to the Main Entrance, along the side of the Hospital so that pedestrians can more easily access the front entrance.

Beginning on April 6th, visitors and patients should expect to see greater activity at the North Street facility as the construction begins. Cranes, earth-moving equipment and other construction vehicles will be brought on site. Every effort has been made to create and maintain a safe environment for our neighbors, employees, patients and visitors.

The new cancer center is a $6.5-million project, which will bring comprehensive cancer services to the Genesee County region and provide a new high-tech, fully integrated and comfortable home for life-saving oncology services.

These include: a state-of-the-art linear accelerator to deliver radiation therapy; the ability to use the hospital’s existing technology to plan customized radiation therapy treatment plans; chemotherapy infusion services; medical oncology for diagnosis, treatment planning and monitoring; navigator services to guide patients through their individualized treatment process; and surgical oncology.

Architectural services are provided by Clark Patterson Lee and construction management is being provided by Manning Squires Hennig.

The main gates are still locked, but on a day like today, after a winter like we had, a lot of people couldn't wait to spend some time in DeWitt Recreation Area.

Meanwhile, the warmer temperature is melting snow; some rain is expected this evening, so a flood watch is in effect from tonight through Saturday afternoon.

Also, after today, expect more freezing weather for a few days.

Ray Cianfrini, chairman of the Genesee County Legislature, and himself an attorney, wishes Durin Rogers all the best as the new Batavia City Court Judge, but also expressed disappointment that Rogers sought the job in the first place

Speaking during a Ways and Means Committee meeting Wednesday, Cianfrini said it was his impression that when Rogers took an assistant county attorney position, he was setting himself up to eventually become the county attorney.

Now he's no so sure.

"It seems to me he's using the county to advance his own position," Cianfrini said. "I'm not going to stand in his way, but I think being a city court judge hurts him when it comes time to consider a new county attorney."

Granted, the current county attorney, Charles Zambito, has no apparent immediate plans to step down, but Cianfrini said he was under the impression Rogers was given duties and responsibilities commensurate with gaining the experience necessary to eventually replace Zambito.

Zambito said Rogers has certainly filled an important role, one that should continue in his department, of being prepared to step in as county attorney if Zambito was unavailable.

Rogers was appointed City Court judge last week by the Batavia City Council to replace Michael Del Plato, a Cianfrini law partner, who retired from the judge position at the end of his term.

Rogers is on vacation and an assistant said there was no way to reach him to get his comment on the sudden controversy over his new appointment.

The discussion came up while Zambito introduced a resolution to adjust Rogers' position from full-time to part-time.

As a City Court judge, Rogers will be required to be in court at least one day a week, which means he won't be available to the county on those does.

His hours are being reduced from 37.5 hours per week to 30 hours per week. That means he will now be paid $66,494 a year by the county, instead of $83,118, a payroll savings for the county of $18,624.

State law also prohibits judges from acting as prosecutors in criminal matters. As part of Rogers county ties, Rogers has handled cases in family court involving under-age offenders and PINS (persons in need of supervision) cases, which while technically civil cases, are also considered criminal prosecutions.

Assistant County Attorney Paula Campbell will assume that case load and Rogers will take over her duties handling abuse and neglect cases and termination of parental rights.

Press release:

The City of Batavia is hosting one of 10 "walkability audits" happening across the Finger Lakes Region. The project is funded by the Genesee Transportation Council through its Unified Planning Work Program (UPWP). The purpose of the audit is to get local perspectives on the problems and opportunities faced by pedestrians, and develop solutions for improving pedestrian safety, accessibility, convenience and comfort.

The intent of the audit is to help increase foot traffic and encourage alternatives to automobiles as a means of transportation. As a result, it hopes to increase the vibrancy and appeal of the City as a place to shop, socialize and recreate. The walkability audit will succeed best if it includes a range of community stakeholders from all perspectives working together to understand the issues and opportunities, and make sure the plan is responsive to locally identified needs.

The City of Batavia’s audit is scheduled to take place on Wednesday, April 22, 2015. Please join us for lunch and a presentation in the Council Chambers at City Hall. Following lunch the group will walk the City approximately one to two miles (90-minute walk) returning to the Council Chambers for discussion in small focus groups. The focus groups are to review problems and concerns identified on the walk and throughout the day and discuss solutions for future improvements. The day will conclude at 4 p.m.

For participation in the walkability tour, please contact Lisa Casey at the City Manager’s Office at (585) 345-6333 or e-mail at Lcasey@batavianewyork.com no later than April 10th to be placed in attendance.

Additional information will be mailed to you after your acknowledgement of attendance. We are looking for at least 30 people. Please bring your walking shoes, galoshes, or do I dare say snow boots? We will be walking in rain, snow or shine!