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.

Submitted photo and press release:

Farmer’s Creekside Tavern & Inn is transitioning to seasonal winter hours starting Columbus Day.

As of today, Oct. 8, regular dining will be as follows: 

• Wednesday -- Kitchen: 11a.m - 9 p.m.; Bar: 11 a.m. - 11 p.m.
• Thursday -- Kitchen: 11 a.m. - 9 p.m.; Bar: 11 a.m. - 11 p.m.
• Friday -- Kitchen: 11 a.m. - 10 p.m.; Bar: 11 a.m. - 12 a.m.
• Saturday -- Kitchen: 11 a.m. - 10 p.m;. Bar: 11 a.m. - 12 a.m.
• Sunday -- Kitchen: 11 a.m. - 8 p.m.; Bar: 11 a.m. - 10 p.m.

Farmer’s Creekside Tavern & Inn will still be open for overnight guests as well as prescheduled events, meetings and parties.

To utilize the facility for an event, please contact us at Events@FarmersCreekside.com; we’d be happy to host your next happy hour, board meeting, holiday party, etc.

A pair of high-revving right-handers rolled 300 games during last week's league bowling action in the Genesee Region.

On Tuesday, Chris Bardol of Brockport found perfection en route to a 761 series in the G&W Vending League at Rose Garden Bowl in Bergen, and two nights later, Steve O'Dell of Oakfield, put 12 strikes together in the third game for a 725 series in the Toyota of Batavia League at Mancuso Bowling Center.

Also on Tuesday, Scott Bliss of Batavia shot a 299 game and 755 series in the Antique World Coed League at Mancuso's, and on Monday, Paul Baney notched a 290 game in the Sneezy's Monday Night League at Oak Orchard Bowl in Albion.

For the list of high rollers, click on the Pin Points tab at the top of this page.

A revision to the time period of a new sales tax agreement between the City of Batavia and Genesee County is scheduled to be discussed by the Batavia City Council at a Special Conference Meeting at 7 p.m. Tuesday at the City Hall Council Board Room.

In an Oct. 2 memo to City Council, Interim City Manager Matt Worth wrote that the state Comptroller’s office likely would not approve the agreement with its current 40-year term without “special legislation” from the state legislature.

“Genesee County, with support from the City, will be requesting through our state representatives, that this special legislation be introduced for approval during the next available session,” Worth wrote, adding that there is precedent for such a move as Wayne and Ontario counties previously secured similar agreements.

 As a result, Genesee County has offered a 12-month extension agreement – through Dec. 31, 2019 – to provide time for the “special legislation” to go through the legislative process and pave the way for the signing of a 40-year pact, Worth wrote.

In September, Worth reported that the City and Genesee County reached a deal giving Batavia 16 percent of the county’s 50 percent share of the 8 percent sales tax through the end of 2018 – with provisions for that amount to grow in future years by a maximum of 2 percent per year.

Per the memo:

“If future sales tax growth exceeds 2 percent annually, the County will retain the amount above 2 percent, resulting in the City’s overall share changing even though the City received additional funds. Assuming that there will be growth above 2 percent during some years, eventually the City’s share of sales tax will become 14 percent of the total – which then removes the 2 percent maximum growth cap. The City will remain at 14 percent thereafter for the remainder of the contract.”

County legislators deemed that a change in the current agreement was necessary due to pending large expenditures, primarily a new county jail and several bridge replacements/repairs.

Also on the Conference Meeting agenda is a recommendation from the City Planning & Development Committee concerning a request by City Church to rezone several parcels on Liberty Street and Central Avenue from R-3 Residential to C-3 Central Commercial.

According to a letter dated Sept. 19 from Duane President, PDC chairperson, a vote to rezone five Liberty Street parcels and one Central Avenue parcel resulted in two in favor, one opposed and one abstention. Three votes were needed for it to pass, however, and the issue remains on the table.

Preston, speaking today by telephone, said his committee now has decided to approach the matter with a focus on creating an alternate zoning district or establishing a new district classification.

“We don’t want to do spot zoning in the city, but we want to work with City Church to come up with the right zoning,” Preston said. “We need to protect residents on the street in case the property is sold in the future and we don’t want to hurt what City Church is doing for the city.”

Preston said the PDC has called upon the city attorney to make changes that would satisfy both residents and the church.

City Church purchased the former St. Anthony’s Church campus, which included a sanctuary, school and residence, in 2016.

The Rev. Martin Macdonald, pastor, has indicated that the church wishes to offer activities such as a dance school, art school and community education classes that, according to city planners, could be considered a business activity and nonconforming use in an R-3 district.

More recently, it was reported that City Church is negotiating with the City to relocate the Batavia Youth Bureau from its current location on MacArthur Drive to the Liberty Street property. The proposal is supported by the United Way of Genesee County and other agencies, and is contingent upon the zoning change.

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.

The Byron Fire Department held its annual Sportsman Raffle on Saturday, with several items offered as prizes to those fortunate enough to buy the winning raffle tickets.

The event also included a bake sale and prize raffle offered by the Auxiliary.

An added fundraiser was a fill-the-boot campaign to raise money to assist the Payne family, who lost their home in a fire on Thursday night. Above, Chief Robert Mruczek with the donation boot.

Two Le Roy residents were arrested early Friday morning after police received a complaint that two children had been given them medication to make them sleep and then left alone at a residence in the village.

Amanda E. Havens, 36, and Thomas C. Williamee, 48, both of Munson Street, Le Roy, were charged with counts of endangering the welfare of a child and criminal possession of a controlled substance, 7th.

The couple is accused of leaving the two children unsupervised.

After receiving the complaint early Friday morning, Le Roy PD responded to the residence and tried to contact anybody who might be inside the residence. After their was no response and considering the nature of the complaint, police officers made forced entry into the residence.

Both children were located alone inside but otherwise unharmed.

The age of the children was not released.

After further investigation, Havens and Williamee were located at another location and taken into custody.

Havens was jailed on $3,000 bail and Williamee was jailed on $2,500 bail.

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.

Investigators have yet to determine why a 2015 BMW driven by 61-year-old Syed L. Rahman, of Williamsville, crossed the center line and crashed into an ambulance from the Bethany Fire Department on Route 63 just before midnight Saturday.

Rahman was pronounced dead at the scene by Coroner Don Coleman.

A heavy rainstorm was passing through the area at the time of the crash. There's a slight curve in the road near the area of the crash scene.

Rahman was northbound on Ellicott Street Road. The ambulance, driven by volunteer medic James L. Duval, 65, of Bethany, was southbound. The ambulance and three-person crew were returning to the Bethany station after handling an earlier EMS call. Since the crew wasn't on a call, the ambulance was not in emergency mode, no lights or siren, and was not carrying a patient.

Duval and crew members Christopher Page and Melody Davis, all volunteers, were not seriously injured but were transported to UMMC for evaluation and treatment.

Duval, is the former Genesee County planning director. He retired in 2012 after 36 years as a county employee.

The accident investigation is being handled by Deputy Andrew Mullen. Assisting at the scene were Chief Deputy Joseph Graff, Investigator Chad Minuto, Sgt. John Baiocco, Sgt. Jason Saile, the Bethany Fire Department, Stafford Fire Department, Town of Batavia Fire Department, and Mercy EMS.

(Initial Report)