batavia

Gubernatorial candidate Rob Astorino was scheduled to be in Batavia today, but he had a family emergency and is unable to make his scheduled campaign appearances.

His running mate Chris Moss will however be at the the GOP Women's meeting at 6:30 p.m. at Batavia Downs, and then he will also speak at the SCOPE meeting at 7 p.m. at Calvary Baptist Church, 3515 Galloway Road.

The sign placed in front of Batavia Marine on West Main anticipated Astorino being in town today, but then his plans changed.

Astorino, who hopes to unseat Andrew Cuomo, has been crisscrossing the state for several months, but has yet to make an appearance in Genesee County.

CORRECTION: Astornio visited Genesee County two days after announcing his candidacy. He made an appearance at Larry's Steakhouse.

Mary Repast, Kim Floskowski and Lisa Wittmeyer were in Austin Park yesterday handing out fliers to promote a Penny Carnival hosted by Community Action of Orleans and Genesee Counties.

The Carnival will be in the park next Friday, Aug. 22, from 10 a.m. to 2 p.m.

Children are encouraged to bring pennies.

The event is co-sponsored by the Salvation Army, Care-A-Van and Jr. Angels in Action.

There will be games and prizes.

The trial for a Batavia man accused of breaking into a house on Park Avenue in January got under way today. Akeem M. Simmons, 23, is one of two men accused of first-degree burglary in the crime.

He is also accused of first-degree criminal use of a firearm for allegedly possessing a loaded weapon during the commission of a crime, even though the weapon was allegedly found on the other defendant, 18-year-old Nathaniel R. Davis. Both are Class B violent felonies. The Davis case is still pending. They are also accused of fourth-degree conspiracy.

During opening statements this morning, District Attorney Lawrence Friedman told jurors that two people were seen running out of the house.

"On January 14 of this year, a resident at (X) Park Ave., Batavia, was looking out her window and noticed two people go up the driveway of (X) Park Ave., go around the back part of the house and break in," Friedman said. "She then called 9-1-1 to report the incident."

According to a witness, two people ran out the back in a southwesterly direction along a path behind St. Paul's Lutheran Church. WIth law enforcement converging on the scene, the duo split up -- one ran east toward State Street and the other ran west toward Lewis Avenue.

Davis, who ran east, was apprehended immediately. Simmons, on the other hand, was chased by police and lost during the chase. When officers failed to catch him a manhunt ensued with Batavia PD, the Sheriff's Office, State Police, a K-9 and a helicopter. He was apprehended in about 45 minutes.

Deputy Brian Thompson and his K-9 Pharoah found Simmons hiding under a tarp at a nearby residence, Friedman told the jurors. Furthermore, a black hoodie, gloves, a black and white bandana, and a baseball hat with red trim on the brim, was also found in Simmons' possession.

According to the DA, when Simmons was interviewed, he gave alternate excuses of why he was running from police and denied knowing Davis.

"Search warrants for both men's phones found that Davis had a contact nicknamed Kemo," Friedman said. "Upon investigation, it was found that the number in Davis' phone belonged to Simmons. This suggests that the phone evidence links Simmons to Davis, as well as the crime committed."

He wound up his opening statement telling jurors that testimony from Davis is a possibility.

"Davis's credibility will be attacked," Friedman said. "Don't get hung up on Davis, listen to the proof to find the defendant guilty of the crime."

While they didn't get a chance to steal anything, according to a previous statement by a detective in the case, it is still burglary by virtue of the two breaking into the house with the intent to commit larceny.

"When all is said and done and the proof is in," Friedman said. "I will ask the jury, based on the evidence, to find Simmons guilty as charged."

Subsequently, Defense Attorney Thomas A. Burns told jurors that it makes perfect sense that they were told that opening statements are not evidence.

"Consider the court process, listen to the facts of the testimony and evidence to prove that Simmons did not commit the crime he is charged with," Burns said.

The defense attorney told the jurors to keep an open mind and see the evidence showing Davis, alone, entered the house; it was Davis who was apprehended running away from the house, and it was Davis who was Tased and when that did not stop him, it was Davis who was tackled by police.

In addition, Davis was also found with a loaded weapon -- which, when examined by police, was found to be capable of causing injury or death -- plus a screwdriver, Burns continued. And upon examination of the gun, no DNA links Simmons to the weapon, nor do any of the fingerprints found on it.

"The neighbor will testify that she saw two people at the Park Avenue home, yet she cannot describe them," Burns said. "She told police that she heard a sound of two people going in and coming out."

Burns also informed the jury that at the time Simmons was found, he had an outstanding parole warrant.

"The people have the burden of proof in this case," the defense attorney said. "If you listen to Davis's testimony, not only listen to what he is saying, listen to what is behind what he is saying.

"You are asked to judge the credibility of people. Davis is not on trial at this point, Simmons is," he continued. "When you hear all the evidence, at the conclusion I ask that you return a verdict of not guilty."

Testimony continues today with Judge Robert Noonan presiding.

Press release:

The Batavia Police Department will be conducting alcohol sale compliance checks at points of service and sales on future dates. The Police provide this service to the community to ensure all vendors are vigilant in properly identifying the age of persons who are buying alcohol. The Police Department partners with Genesee Council on Alcoholism and Substance Abuse (GCASA) and has learned through their surveys from the community that underage alcohol consumption is still a concern. Abuse of alcohol by underage individuals is a cause of accidents and other poor choices for this age group. Compliance checks are a way to demonstrate, not only to the vendors but to underage individuals, that this community cares about the wellness of its citizens.

Shannon H. Dick, 33, of Bank Street, Batavia, is charged with criminal possession of a controlled substance, unlawful possession of marijuana, failure to keep right on a bicycle while in the roadway and failure to stop before entering a roadway on a bicycle. Dick was observed by Officer Jason Davis allegedly operating her bicycle in an unsafe manner and acting suspicious while leaving a residence on State Street.

Andrew J. Paladino, 35, of Shelter Street, Rochester, was taken into a custody on a warrant out of Family Court. Paladino was jailed on $2,500 bail.

Allen W. Gray, 34, of Oak Street, Batavia, is charged with harassment, 2nd, criminal mischief, 4th, and criminal contempt, 1st. Gray is accused of grabbing a person by the shirt, shoving him and knocking him off his bike. The victim's shirt was stretched, a necklace was broken and his right knee scratched. Gray is under court order to stay away from the alleged victim.

Tyrone L. Doward Jr., 24, of East Avenue, Lockport, is charged with criminal trespass, 2nd. Doward was arrested after an investigation of a person climbing through the window of an occupied apartment. Doward was reportedly unknown to the occupant. 

Eric C. Smith, 26, of Bank Street, Batavia, was arrested on a pair of warrants for alleged improper parking. Smith was located while police were on an unrelated complaint. He's accused of parking on city streets between 2 and 6 a.m.

Brandon N. Benz, 19, of Clinton Street, Batavia, is charged with unlawful possession of marijuana. Benz was located at a residence on Jackson Street allegedly in possession of marijuana.

Diana Lynn Bloom, 56, of State Street, Batavia, is charged with harassment, 2nd. Bloom is accused of hitting another woman while in a vehicle on Bank Street.

Kimberly M. Douglas, 32, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to appear. Douglas turned herself in at Batavia PD.

Ernest Robert Saari, 32, of Alleghany Road, Attica, is charged with speeding, aggravated unlicensed operation, 2nd, and unregistered trailer. Saari was stopped by Officer Nedim Catovic on East Main Street, Batavia, for allegedly driving 45 mph in a 30 mph zone. He was jailed on $500 bail.

Robert W. Plantiko, 39, of Thorpe Street, Batavia, is charged with petit larceny. Plantiko is accused of stealing a box of garbage bags from Kwik Fill at 99 Jackson St., Batavia.

Joseph T. Burr, 21, of Oak Orchard Road, Elba, was arrested on a warrant out of City Court. The warrant was for driving an uninspected motor vehicle. Burr posted $100 police bail and was released.

Juliann Thomas, 51, of Chili Avenue, Rochester, is charged with DWI, refusal to take breath test, moved from lane unsafely and failure to stop for stop sign. Thomas was stopped at 1:48 a.m. Saturday on Clinton Street, Batavia, by Officer Darryle Streeter.

Harry T. Gibson, 50, of Batavia, is charged with DWI and aggravated unlicensed operation. State Police out of Warsaw responded to a report of a disabled vehicle on Route 98 in the Town of Java. Gibson was allegedly found behind the wheel and failed field sobriety tests. He was later found to have a BAC of .10 based on a breath test. He was jailed on $2,500 bail.

Dawn K. Cochran, 44, of Le Roy, is charged with DWI. Cochran was stopped at 5:55 p.m. Sunday in the Town of Pavilion, by State Police.

(name redacted upon request), 39, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. xxxx was stopped at 9:17 p.m. Friday on Route 33, Stafford, by State Police.

Matthew C. Moy, 21, of Holley, is charged with DWI and driving with a BAC of .08 or greater. Moy was stopped at 9:35 p.m. Friday on Route 262 in Byron by State Police.

A missing 15-year-old was located yesterday by Batavia PD officers as he was riding his bike on a city street.

While media reports about D' Andre Cramer generated tips about his possible whereabouts, Det. Richard Schauf said, in the end, he was located by observant officers.

With the rise of opiate-related deaths not just nationally, but regionally, city Fire Chief Jim Maxwell is recommending that firefighters and EMTs start carrying medical emergency calls kits that can save lives.

The kits contain doses of naloxone, a drug that counteracts the the most fatal effect of an opiate overdose.

When a person ODs on heroin or an opiate-based prescription medication, the drug shuts down brain function that controls breathing. The person literally forgets to breath. Naloxone stimulates that portion of the brain and the person will start breathing again.

Firefighters have already been trained to recognize the signs of an opiate overdose, but even if they're wrong, naloxone is not harmful if misapplied.

"If it's not an opiate overdose, you can't hurt the patient," Maxwell said. "You can't overdose on it or anything along those lines, so if it's a false recognition and they administer it, it doesn't do anything to the patient."

Naloxone is not a controlled substance, so it needs no additional security to store it and any properly trained emergency personnel can administer it.

The initial investment for the city is from $300 to $400. The kits cost $30 to $50 each. Each kit contains a syringe with an atomizer attached.

A first responder who finds a patient showing signs of an opiate overdose -- no, or labored breathing, and perhaps supported by statements of others with the patients, or evidence found in the location of the patient -- would administer the naloxone through the patient's nose.

Half the dose goes up one nostril, the other half is sprayed up the second nostril.

The City Council is being asked to approve a contract with UMMC for purchase of naloxone and related supplies.

The council will vote on the proposal at its next business meeting.

Maxwell said there are no available statics on opiate-related deaths locally, but a regional report shows a rise of from two in 2011 and 105 in 2013.

Batavia's Centennial Committee plans to start 2015 off with a bang, but the celebration won't stop there.

The 100th Anniversary of Batavia's incorporation will be marked by events all year long, members of the committee told the City Council on Monday night.

"This event, I believe, is going to spawn something already taking place in our community" said Marty McDonald, a committee member. "It's going to spawn excitement in our community."

A project of Vibrant Batavia, the committee is in the process of raising $100,000 to fund the celebration. So far, sponsors have pledged $63,000, including $20,000 from FreedMaxick and $10,000 from Tompkins Bank of Castile. Other sponsors include Lawley Genesee, Turnbull Heating and Air, Merrill Lynch, Valle Jewelers and Trifthauser & Salmon Orthodonitics.

The opening of the Centennial Celebration is just five months away, New Year's Eve.

The community is planning a "Centennial Plaza" centered on Court Street and stretching down Evans to Falleti Ice Arena. There will be live music (on a train bed car sitting on the tracks at Evans and Mill), vendors, and fun and games.

At midnight, there will be -- just as there was 100 years ago to mark the incorporation of the city -- a fireworks display. 

The committee promises a big one.

The display will be launched behind the fire hall on Evans.

The committee is also offering 200 "Century Club" memberships for $100 per couple, which will include tickets to a "Dress the Decades" party inside City Hall on New Year's Eve. Memberships are available to all residents and are being sold on a first-come, first-served basis.

The committee is also planning the installation of 40 centennial banners throughout the city, a 100-tree planting project, installation of a time capsule in front of City Hall, a historic walking trail and a birthday celebration tied to the July 4 Picnic in the Park.

The committee is planning to apply for a National Grid Community Foundation grant to pay for the 100 trees, which would be planted in the spring, during United Way's Day of Caring, at locations throughout the city, including parks, city right-of-ways and Centennial Park.  

The committee is also planning what it's calling a "Legacy Gift" -- a sculpture or multipurpose remembrance to be installed somewhere in the city and paid for by sponsors. The installation would take place some time in the fall.

The committee is asking for City Council support in the form of attending all events, use of City Hall for the New Year's Eve party, approving street closures for events, and the use of city resources such as the youth bureau, police, fire and maintenance to support Centennial events.

Sunlight danced on the leaves while music stirred a sighing breeze, time seemed to stop for awhile as neighbors eased into languid conversation and lilting laughter. Lewis Avenue was the gathering place Saturday evening in what was the first block party for this tight-knit community.

As part of the event, a proclamation on behalf of Brooks Hawley and the City of Batavia was presented to both Stephen and Mike Rosenbeck of Lewis Avenue for their ongoing efforts of keeping the neighborhood together.

“Stephen and Mike have provided outstanding public service, selfless acts of charity, compassion and genuine concern for their fellow Batavians,” Hawley said upon presentation of the Good Neighbor Recognition Certificate.

Leanna DiRisio, community organizer with Vibrant Batavia, partnered with Paul and Bridget Ohlson of Care-a-Van Ministries to make the block party a community event.

“Our mission is to bring communities together and open lines of communication,” DiRisio said. 

“We’re building friendships,” Ohlson said. “Some residents may not know each other so this is a way to bridge people together.”

“When we first moved in,” James Bellamy said. “The Ohlsons came over with a cake and introduced themselves. That’s the kind of welcome that brings people together.”

Bellamy moved to Lewis Avenue in May 2009 from Kent County, England. He and his wife, Kathryn (Katie), moved stateside to be closer to Katie’s family, who live in the Batavia area.

“This is the first street party that I’ve been to since I was a kid,” Bellamy said. “My first ever street party was for the (50th anniversary of the) coronation of the Queen.”

There are many services a city has to offer and DiRisio’s job is to inform people of those services to help make the connection for better relations.

While melodies of the band The Old Hippies played in the background, children played in the street and drew pictures with sidewalk chalk as their adult counterparts reacquainted themselves with their neighbors.

“This is our ministry. This is our city,” Ohlson said.

A driver from Batavia was uninjured in an accident Thursday in Wyoming County after he apparently fell asleep.

Alex Jarvela, 25, was, however, cited by State Police. Jarvela received traffic tickets for allegedly moving from lane unsafely and driving left of pavement markings in a no-passing zone.

The accident occurred on Route 246, Town of Perry.

Jarvela was southbound when his vehicle drifted into the northbound lane and exited the highway off the east shoulder, coming to rest in a ditch.

The Perry and Perry Center fire departments assisted at the scene.

Tonight was the second super moon of 2014. Here it is over Downtown Batavia.

A motorcycle wreck with injuries is reported at the Batavia off-ramp of the westbound Thruway. Town of Batavia fire and Mercy medics are responding.

UPDATE 7:55 p.m.: A responder on scene reports minor injuries.

The Ghost Riders played Jackson Square on Friday evening.

Photos by Amanda Earl.

A vehicle has struck a guard rail on the eastbound Thruway, unknown injuries. It is on its side. The first caller to dispatch said it was a tractor-trailer. The second caller thought it was a pickup truck hauling a camper. Town of Batavia fire and Mercy medics are responding. The mile marker is 385.

UPDATE 2:03 p.m.: A responder says there are no injuries, but the accident is blocking two lanes of traffic, which will have to be routed through the passing lane.

Press release:

The 2014 New York-Penn League All-Star roster will include four players from Batavia. They will send infielder Mason Davis, catcher Rodrigo Vigil and pitchers Michael Mader and Alex Carreras to the game to be held Tuesday, August 19th at MCU Park, home of the Brooklyn Cyclones.

Davis, a 19th-round pick in the 2014 draft, has played in 41 games for the Muckdogs this year and has been among the league leaders in hitting all season. Davis currently ranks fourth in the league in hitting, with a .329 batting average, fourth in on-base percentage at .407 and third in OPS at .891.

Rodrigo Vigil was an undrafted free agent signing in 2009 and has started 20 games behind the plate for the Muckdogs this season. He is currently batting .254 with eight runs scored, four doubles and seven RBI’s. Vigil has been solid behind the plate this year for the Muckdogs, throwing out 46 percent of the runners who have attempted to steal on him.

A supplemental 3rd-round pick out of Chipola College in the 2014 draft, Mader has started nine games for Muckdogs in his first professional season. The left-hander has compiled an ERA of just 1.80 and has racked up 20 strikeouts in 30 innings pitched. Opposing batters are hitting just .192 against Mader so far this season.

Alex Carreras is in his third year of professional baseball and was a Minor League free agent signing in 2014. The left-hander has appeared in 15 games this year and is 5-2 with an ERA of 1.85. He has also recorded 27 strikeouts in his 34 innings of work and opposing batters are hitting just .220 versus Carreras this year.

Batavia currently holds the fourth-place spot in the Pinckney Division with a record of 24-30 and sit only five games out of the Wild Card. The Muckdogs sent five players to the 2010 All-Star game, six in 2011, five in 2012, and four players in 2013.

The 78th Elba Onion Festival kicked off Friday with the opening of the carnival and evening parade. The festival is one of the largest fundraisers for the Elba Fire Department.

Just up the road a bit from the festival is the Elba Muckland; there, red, white and yellow onions grow, which gives the festival its name. 

One bit of trivia: Onions are one of the largest vegetable crops in the United States.

The festival continues throughout the day today.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider three projects at its August 12, 2014, board meeting.

Muller Quaker Dairy is planning to improve its data infrastructure with a new enterprise backup and test environment solution, a project which would retain 143 jobs. The benefitted amount of project the GCEDC board can assist with is $185,000 and the total project incentive request is $14,800 for sales tax exemptions only. The board will consider a final resolution for the project.

Batavia Shoes LLC is planning to purchase the assets, manufacturing facility and client lists of PW Minor, a manufacturer and distributor of leather footwear and orthopedic products located in the City of Batavia. The board will accept the application for the project and consider an initial resolution.

Calamar is planning to build a 117,000-square-foot, three-story building that will house 110 senior apartment units, a lobby and common rooms in the Town of Batavia. The company is investing $11 million which will create up to 200 temporary construction jobs. The board will consider an initial resolution that will set a public hearing for the project.

The GCEDC Board meeting will take place at noon and is open to the public. Meetings are held at the Dr. Bruce A. Holm Upstate Med & Tech Park -- 99 MedTech Drive, Batavia, NY, on the 2nd floor, across from Genesee Community College.

We all expected P.W. Minor, one of Genesee County's oldest businesses, to close July 31.

That didn't happen.

Now it looks like the nearly 150-year-old shoemaker will be around for awhile longer yet.

Pete Zeliff and Andrew Young have purchased the assets of P.W. Minor and Sons and hope to soon to acquire rights to the P.W. Minor name so the company can continue selling shoes under that brand.

The new company will operate as Batavia Shoes, LLC, in the interim. 

There will be an official announcement of the deal Thursday, according to an invitation sent to local officials this morning by Genesee County Economic Development Center.

Zeliff is a local businessman known for his love of aviation. He is senior executive vice president and COO of EIF Renewable Energy Holdings, LLC, in Oakfield. He also branched into residential home development this year, building a housing community off Route 5 and Seven Springs Road in Batavia (the first house is nearly finished). Zeliff is a recent appointee to the GCEDC board.

Young is a local real estate broker and investor and was elected last year to the Genesee County Legislature. He is a member of the Genesee Gateway Local Development Corp., a nonprofit agency of GCEDC.

The details of the purchase have not been released yet, but Zeliff and Young confirmed the purchase is taking place. They said they couldn't say more at this time.

"We're going to run this company going forward and we're going to grow it and expand it," Zeliff said. "Our goal is to bring manufacturing back to Batavia and expand it."