batavia

Joseph Michael Dispenza Sr., 45, of Maple Street, Batavia, is charged with second-degree menacing with a dangerous instrument. At 7:09 p.m. on Oct. 5 on Oak Orchard Road in Elba, Dispenza was arrested following a report and police investigation of a person threatening people in the woods with a knife. He was issued an appearance ticket and is due in Elba Town Court at 5 p.m. on Oct. 15. The case was investigated by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Austin Heberlein.

David Michael Pierleoni, 32, of Whittier Road, Rochester, is charged with fourth-degree grand larceny. At 5:34 p.m. on Sept. 24, Genesee County Sheriff's deputies responded to Kohl's department store for a larceny complaint. Pierleoni was arrested for allegedly stealing $1,097 in merchandise from the store. He was issued an appearance ticket for 1 p.m. on Oct. 15 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Christopher Parker.

Jon T. Magliocco, 41, of Liberty Street, Batavia, is a registered Level 3 sex offender charged with failure to report a change, in this case, to register an Internet account; first offense. He is required by law to register any change in Internet accounts with the NYS Division of Criminal Justice Service. He was jailed without bail and is due in City Court on Nov. 1. He is currently an inmate of the NYS Department of Corrections and Community Supervision -- Clinton Correctional Facility in Dannemora -- and will remain in their custody. The case was investigated by Batavia Police Investigator Eric Hill.

Gary L. Williams, 26, and Matthew Reed, no age provided, of Hutchins Place, Batavia, are charged with disorderly conduct / using obscene language in public. They were arrested at 3:15 p.m. on Oct. 2 on Hutchins Place after allegedly repeatedly screaming obscenities, racial slurs and threats to harm / murder another person -- all while outside in a public place in the presence of neighbors and a gathering of young children. The men continued screaming obscenities despite being warned by police to stop, according to the police report. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Jamie Givens.

Kyle-Jacob T. Fitzpatrick, 29, of Smyrna, was arrested on Oct. 5 by the Le Roy Police Department and charged with: one count of driving a commercial vehicle while intoxicated, a Class A misdemeanor; one count of driving a commercial vehicle while ability impaired by drugs, a Class A misdemeanor; one count of failure to maintain lane, a violation; and one count of failure to keep right, a violation. At approximately 12:30 p.m. on Oct. 5, patrols received a complaint of erratic operation of a tractor-trailer in the Village of Le Roy. Patrols were able to locate the vehicle and while observing it, the vehicle allegedly failed to maintain its designated lane; this caused oncoming traffic to leave their lane to avoid a collision. After a brief investigation, it is believed that Fitzpatrick was operating the vehicle in an intoxicated state. Fitzpatrick was taken into custody without incident evaluated by a drug recognizant expert. He was arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $500 bail. Fitzpatrick's driver’s license is suspended pending outcome of the charges. Fitzpatrick is to return to the Le Roy Town Court on Nov. 5.

Alecia K. Urban, 32, of Hutchins Street, Batavia, is charged with falsely reporting an incident. She allegedly reported a motor-vehicle accident to a police officer, alleging it occurred at a particular location, time and under different circumstances than what actually occurred. She was arrested at 12:20 p.m. on Oct. 1 and was issued an appearance ticket. Urban is due in city court on Oct. 9. The case was investigated by Batavia Police Officer Jamie Givens.

Dylan M. Conte, 25, of Bacon Street, Le Roy, was arrested on Oct. 5 by the Le Roy Police Department and charged with: one count of burglary in the third degree, a Class D felony; one count of criminal mischief in the fourth degree, a Class A misdemeanor; and one count of petit larceny, also a Class A misdemeanor. In the early morning of Oct. 5, the Le Roy Police Department responded to a complaint of a subject breaking windows on a building located in the Village of Le Roy. Upon arrival, patrols located Conte in the area. After a brief investigation, it is believed Conte allegedly entered the building and took an item that was located inside. Conte also damaged a window located on the building. He was arraigned in the Le Roy Town Court and put in Genesee County Jail in lieu of $10,000 bail. Conte is to return to the Le Roy Town Court on Nov. 5.

Ryan David Shumway, 39, of Jackson Street, Batavia, is charged with disorderly conduct. He was arrested at 2:10 a.m. on Oct. 2 on Jackson Street and issued an appearance ticket for city court on Oct. 9. The case was handled by Batavia Police Officer Kyle Krtanik.

Kevin W. Howard, 18, of Chili Avenue, Chili, is charged with failure to appear. On the afternoon of Oct. 2, Howard turned himself in on an active bench warrant for failing to appear in court. He was arraigned in city court and released under the supervision of Genesee Justice. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Frank Klimjack.

Two cars and a fuel truck collided at Pearl Street Road and Wortendyke Road. The fuel truck is leaking. East Pembroke Fire Department and Mercy medics #1 and #2 are responding.

UPDATE 12:40 p.m.: Injuries are reported. The tanker rolled over. Town of Batavia Fire Police are called to shut down Route 33 east of Wortendyke; Corfu Fire Police are to close 33 west of Wortendyke.

UPDATE 12:44 p.m.: The county's Hazmat Team is called to stand by at county facilities.

UPDATE 12:49 p.m.: Alexander Fire Department is asked to shut down northbound Wortendyke Road at Rose Road.

UPDATE 1:15 p.m.: Preliminary indications are that a gray vehicle and a white van were involved in an accident on Pearl Street Road west of Wortendyke and the driver of a semi-truck hauling gasoline tried to avoid the accident by swerving. The tanker overturned. It is leaking its own fuel, but not the cargo of gasoline. One person was transported to UMMC with non-life-threatening injuries; two others were sign-offs.

Press release:

The Batavia Police Department is looking to speak with this individual as a witness in reference to an incident which occurred at Speedway in July of this year.

Anyone with information in reference to the case may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

The annual Downtown Batavia Wine Walk, sponsored by the Business Improvement District, was held Saturday evening.

To purchase keepsake prints of photos or digital downloads, click here.

State officials are looking for a more robust commitment from the community before signing off on a low-interest loan to help finance the Ellicott Station project in Batavia; developer Sam Savarino told members of the GCEDC board at their Thursday meeting.

As a result, the GCEDC board will consider an expanded PILOT for the project to match the 30-year loan from Homes and Community Renewal and also take into account the increased cost of the project, from $17.6 million to $21.75 million, as well as the expanded size from 73,100 square feet to 99,111 square feet, and the increase in apartment units from 51 to 55.

The loan is the last piece of the financing puzzle for the project, which has already been delayed by a year because of the complex financing, that includes a $3.5 million investment from Savarino, tax incentives by GCEDC of at least $1.5 million, state grants, and more than $10 million in private investment through a program called the New Market Tax Credits, which allows investors to purchase federal tax credits to help finance projects in distressed urban areas.

As the cost of the project has gone up, so has the cost of financing and transaction costs, which could top $2.5 million.

This is the first project to combine New Market Tax Credits and HCR financing, according to Savarino Companies CFO Milissa Acquard.

The incentives already approved include $897,293 in sales tax savings, $128,232 mortgage tax savings and GCEDC will consider increasing the and $537,398 in property tax savings for the project.

Half of the PILOT payments will be returned to the developer through the “Batavia Pathway to Prosperity” (BP2) program with half going to the relevant taxing jurisdictions (typically, half of the PILOT in a BP2 project area goes into a pool to provide future assistance to to other projects).

Savarino said he thinks their proposal with HCR has gotten past a concern about the planned rental rates for the apartments.

HCR wants to ensure the apartments will be occupied and setting rents plus utilities at 90 percent of the city's median income seemed high to HCR officials, even though that formula is typically acceptable under HCR regulations. Officials asked Savarino to consider setting rents based on 80 or 85 percent of the median income.

Changing the rental rate creates a domino effect for the rest of the financial package, Savarino said, that makes the project much harder to pull off.

Savarino and Acquard said they both think they've reached an agreement with HRC on rents and the financing package but that includes an expanded PILOT approved by the GCEDC board.

"One of the issues that have kept coming up, in some cases with the New Market investors, but also with HCR, is the local buy-in," Savarino said. "It's been deemed not to have enough investment from the community for the benefit the community is getting. We've effectively checked that box by discussing a possible change to the PILOT."

A public hearing will be scheduled on a revised PILOT once the details are worked out.

To deal with the opioid crisis in New York, the state needs to an embrace an "all of the above" approach to find a way to keep people alive, Lt. Gov. Kathy Hochul said during a visit to Batavia on Thursday.

Hochul was in town for a ribbon cutting at the new methodone clinic at GCASA. During her remarks Hochul talked about how the opioid crisis has led to tragedy in her own family, with a dose of heroin laced with fentanyl claiming the life of her nephew.

In an short interview after her remarks, Hochul said an "all of the above" approach could include consideration of safe injection sites. She was a little more vague about whether the state would consider following Portugal's lead, which decriminalized drug possession 18 years ago and established a program to help addicts find meaningful work, and as a result cut addiction rates in half and reduced overdose deaths to 30 to 50 a year, about 1/50th the rate of the United States. Prior to 2001, Portugal was known as the heroin capital of Europe.

"I don’t know we’re prepared to say anything about following a particular model," Hochul said. "We are considering all options is all I can say. If people have ideas, please bring them forward."

During her remarks, Hochul talked about her role, along with other state officials, of crisscrossing the state, meeting with residents and people on the frontlines of the opioid crisis. The result was legislation that not only led to the $850,000 grant to build the methodone clinic at GCASA but was recently amended to allow for medical marijuana to treat chronic pain. The legislation also attempts to eliminate the waiting time for an addict to get into treatment.

"We’re trying to figure out how do we stop people from dying literally in the streets and in their homes," Hochul told The Batavian.

Besides the methadone clinic, guests at the ribbon cutting were able to tour a new mobile treatement clinic that will allow GCASA staff to travel throughout the region and meet with addicts where they live, eliminating the need for them to travel to Batavia. It is important to note, the mobile clinic will not include a methadone dispensary, which by law must be at the approved facility in Batavia.

"That is why this is such a hopeful day for me," Hochul said while discussing the changes at GCASA. "To see what we can bring here, a new facility, an expansion, a mobile unit, which may look like an RV, recreational vehicle, but to me that’s a recovery vehicle."

Thursday, the governor's office also announced $900,000 in funding for 17 detox beds at GCASA. Director John Bennett showed off floor plans for a new detox facility on the East Main Street property.

"We often talk about going to treatment but we forget that before you can go into treatment, you have to go through detox," said Arlene González-Sánchez, commissioner of the New York State Office of Alcoholism and Substance Abuse Services. "Detox is really critical. Detrox is not treatment. It is the beginning of treatment and we’re so happy that we’re able to say that we will be able to have some detox beds in this whole region."

Brian Paris, president of the GCASA board, praised Bennett and the rest of the GCASA staff for their hard work in helping to establish the methadone clinic, the mobile unit, and soon the detox facility.

"We live in a changing world and GCASA is changing to support that changing world," Paris said.

Hochul's nephew, she said, started on his path to addiction after being prescribed painkillers when he cut his hand on a meat slicing machine in a delicatessen where he was working.

"That led to addiction, led to the streets, led to a decade of putting his mother and our family through hell as he tried to find a path forward," Hochul said.

The family thought he was past his addiction and on the right path. He was a graduate student at University of Buffalo  and a mentor to others trying to kick the habit. After he broke up with a girlfriend he slipped and tried one dose and died as a result.

"Be proud that your state has not run from this problem," Hochul said. "We have leaned into this problem."

NOTE: I took pictures of the ribbon cutting. I thought I imported those pictures in PhotoShop (Lightroom). I reformatted the card for another assignment and discovered later I hadn't imported the pictures. They are lost. My apologies to those involved.

A transformer fire is reported at 3 Washington Ave., between Ellicott Avenue and Thomas Avenue.

Flames showing.

City fire responding.

It's almost like saying, "build it and they will come," but that is exactly what WNY real estate expert Bob Richardson, of Buffalo, told staff and board members of the Genesee County Economic Development Center during a presentation at the Med-Tech Center on Thursday.

"It's a hard pill for us real estate people to take," Richardson said. "We've always been real estate centric -- location, location,location -- but now we have to be workforce centric. It's primarily about having highways and access points.

"The question businesses ask is 'can I fill the jobs I need to fill?' The balance of this generation, the Millennials, make decisions differently than previous generations. Their decision-making process is about where can they find the lifestyle they want to determine where they want to live. They chose to live where they want to live and then figure out where they're going to work."

For a community like Batavia, Richardson suggest, the city's downtown needs to be come more vibrant, more active, and that comes from density.

He flashed a map of downtown on the screen and said Batavia has too much surface parking. There needs to be more buildings, more busineses, more apartments, and with that Batavia will become a more attractive place to live, work and play.

Today's young adults, he said, are more interested in renting than buying a home, and they're looking to do that in a place with density and a lifestyle conducive to social activities.

For that to work, though, rental prices can't approach double what a purchase price of a single-family home might be because then renters are more likely to become buyers. Without renters, it's harder to build the kind of vibrant urban core that will attract a young workforce.

Building new is more expensive than adaptive reuse and Batavia still has spaces available that could be converted to apartments.

A dense downtown would bring more people into the center of the city, Richardson said, and as e-commerce destroys the big box business model, it's a chance for small retailers, who can provide a great shopping experience, combined with an online experience, to reassert themselves and fill up those downtown storefronts.

As an example of Millennials picking lifestyle over career, he pointed to Northern Colorado, where universities graduate 9,500 people a year in STEM -- Science, Technology, Engineering and Math -- fields. Those graduates could move anywhere in the country but they choose to stay in Northern Colorado because they love the lifestyle.

There are 37,000 people in Northern Colorado with degrees in STEM careers who don't have STEM jobs.

"They're waiters, waitresses, bartenders and dishwashers," Richardson said. "They want the lifestyle and don't care because they want to live there and it's a cool place."

To be a community that attracts STEM companies, you need a higher supply of STEM workers than available jobs, he said.

"In the City of Batavia, you can't really wait for the private sector to lead on this," Richardson said. "You have to have a vision. You have to have an urban plan that starts to address the issue. You've got to pave the way."

Press release:

"Holistic Wellness through Ayurveda: Intro to Yoga's Sister Science" will be taught by K. Sonam Targee of Ancient Universal Medicine from 1:30 to 4:30 p.m. on Saturday, Oct. 13, at Blue Pearl Yoga in Downtown Batavia.

Cost is $60.

Have you heard about Ayurveda but don't quite know where to start?

Are you interested in learning more about the body’s natural rhythms and how you can use the five elements to bring balance to the body mind, and spirit?

Did you know that simple dietary and lifestyle adjustments can have a dramatic impact on your physical, mental and emotional well-being?

Not sure how to detect an imbalace in the body?

If you answered yes or maybe to any of the questions above, then this course is for you.

In this introductory class, we will focus on making the information immediately useful and easy to understand with practical applications.

Ayurvedic theory is explained, including the three Doshas, the five elements (earth, water, fire, air, ether), and the viewpoint of Ayurveda in anatomy, subtle anatomy and physiology.

Diagnosis and treatment strategies will be discussed including herbal medicines and dietetics. The information is for anyone who has an interest in self-healing and wellness, or would like to simply understand the basics of this ancient Indian modality.

Lastly, this class will discuss Prana and how this energy moves in the body and mind. Acknowledging that there is an inner vitality circulating throughout the body is a profound gift from Asian medicine to the world. Learning how to consciously work with it is a tremendous advantage for living a healthy life.

Imagine having great mental clarity, emotional stability, and peace of mind and heart.

Includes yogasanas and pranayama where applicable.

Blue Pearl Yoga is located in the Masonic Temple building atop Charles Mens Shop at Main and Center streets.

bp-yoga.com

About K. Sonam Targee

K. Sonam Targee is a professional complementary medicine practitioner with more than three decades of experience counseling thousands of people in the art of gaining the knowledge necessary to improve their health. Sonam endeavors to help the individual do what works for them, given the wide array of therapeutic modalities in Ayurveda and Chinese medicine.

At 10 a.m. today (Oct. 5) Batavia's oldest continuously operating company, shoemaker P.W. Minor, ceased operations. Forty-two workers were laid off last week; 40 people lost their jobs today.

Local businessman Pete Zeliff, who, in partnership with Andrew Young, acquired P.W. Minor in 2014, still owns the company's headquarters and factory building at 3 Treadeasy Ave., as well as the production equipment. He was leasing the building to Tidewater + Associates. Zeliff carried the paper on the loan for Tidewater's purchase of the company earlier this year.

This afternoon, Zeliff said he foreclosed on the company last week.

Last week, P.W. Minor CEO Hundley Elliotte announced the company would eliminate 45 jobs, ending production of its welt boot line, but would continue with orthopedic shoe production.

This morning's decision to shut down the company completely came as a surprise to everybody.

Zeliff said he has no plans to reenter the shoe business, but he said there is some hope that investors can be found to resurrect at least the orthopedic line of shoes, and perhaps the boot line, and he believes Tidewater is working on finding new investors. We were referred to Elliotte for any questions about the future of the company.

We have an email out to Elliotte requesting comment.

This afternoon a customer of P.W. Minor's forwarded an email to The Batavian from Brian Benedict, VP of sales for P.W. Minor, that read, "I regret to inform you that as of 10AM this morning, PW Minor has ceased operation. There will be a formal announcement via email, but since you are drop ship customers who rely on us, I wanted you to know as soon as possible so you can modify your sites accordingly."

UPDATE -- Press release:

P.W. Minor LLC, a Batavia, NY footwear manufacturer, has ceased operations as of today and laid off all employees.

All assets of P.W. Minor LLC, have been transferred to our senior creditor Batavia Shoes LLC, per an agreement signed today. 

“Our focus through this entire process has been on our employees' well-being. We want to thank them for their dedication, loyalty and hard work.” said P.W. Minor CEO Hundley Elliotte. “We would also like to thank the NYS Dept. of Labor, the Genesee County Workforce Development Board and the local business community for their responsiveness and offers to help get our affected employees back to work as soon as possible..”

P.W. Minor, founded in 1867 and located in Batavia, New York, is the second oldest footwear manufacturer in the United States and the maker of orthopedic and diabetic athletic, dress and casual shoes.

Press release:

The Genesee County Economic Development Center (GCEDC) approved incentives for Amada Tool and Six Flags Darien Lake LLC, and accepted an application for an expanded PILOT (Payment In Lieu Of Taxes) agreement to support the Ellicott Station development at the agency’s Oct. 4 board meeting.

Amada Tool in the City of Batavia was approved for incentives for an $8.8 million capital investment to increase the company’s manufacturing facility by approximately 19,000 square feet. The project will create 17 new jobs and retain 68 current jobs. The approved investment includes $2.3 million in construction costs and $6.5 million in new equipment. Amada Tool was approved for property and sales tax exemptions of approximately $266,000.

Six Flags Darien Lake LLC was approved for approximately $166,000 in sales tax exemption to build a new $2.15 million ride that is scheduled to open in 2019.  Six Flags Darien Lake LLC is one of the largest sales tax revenue generators in Genesee County.

The PILOT agreement expansion requested by Savarino Companies for the Ellicott Station development was based on increased capital costs, from approximately $17.6 million to $21.75 million, and the development’s footprint, which will expand from 73,100 square feet to 99,111 square feet. The expansion includes the addition of at-grade garages for residents as well as increasing the number of housing units from 51 units to 55 units. 

NOTE: The Batavian will have a follow-up story on Ellicott Station as soon as we have time to write it, which may not be today.

       Morgan Coles

A Batavia man is a suspect in the theft of guns from a firing range in Bergen and may face federal charges.

Morgan R. Coles, 20, of Jackson Street, was arrested Wednesday at his residence following the execution of a search warrant and he was charged with criminal possesion of a weapon in the first degree for allegedly possessing 10 or more firearms.

Last week, 14 guns were stolen from The Firing Pin. Chief Deputy Jerome Brewster said all of the guns reported stolen were recovered at Coles' residence.

While additional state charges may be pending, particularly those related to the break in at The Firing Pin, Brewster said investigators at ATF, who assisted in the investigation, are also considering federal charges against Coles.

Brewster believes Coles intended to sell the guns rather than stockpile them for himself.

Whether Coles has the contacts to move such merchandise is unclear. Brewster said he had a minimal criminal record.

Asked how investigators came to make an arrest so quickly, Brewster said, "Good police work."

"The right people," Brewster said. "The right individuals.

"I'd be the first to tell you," he added, "we were lucky, but you can't solve anything if you're not out there doing your job, asking questions; but there was a little bit of luck involved, and, yeah, it was good, concentrated police work."

Investigator Brad Mazur led the investigation. Members of the Local Drug Task Force, which is involved in most major investigations, also assisted.

Coles was jailed without bail.