batavia

One of the four men accused of a home invasion burglary on Central Avenue in October was sentenced to five years in prison this morning by County Court Judge Charles Zambito.

Marquis Saddler entered a guilty plea March 31 to attempted burglary, 2nd, a class D violent felony, and admitted to being a second felony offender.

As a second felony offender, he faced a maximum prison term of from three to seven years.

District Attorney Lawrence Friedman sought the maximum and defense attorney Fred Rarick requested a three-year term.

After Saddler's five-year stint he will be placed on parole for five years.

Cases are still pending for Daniel Gilbert, Adante Davis and Oliver Thomas.

One of four men allegedly involved in a home-invasion burglary in October on Central Avenue, Batavia, was supposed to be sentenced on a guilty plea in that case, but it turns out there is a disagreement between the attorneys in the case on what exactly was in the plea deal given to Daniel J. Gilbert.

At the start of the hearing, District Attorney Lawrence Friedman told Judge Charles Zambito that the agreed upon sentence was a straight-up five years in prison (a determinate sentence).

Zambito turned to defense attorney Thomas Burns and asked, "is that your understanding?"

"That's not accurate," Burns said. "That's not our position at all."

Zambito asked if Burns wished to discuss the plea on the record and Burns said he did not, so Zambito called for a recess and met with the attorneys in chambers.

When he returned he said that Burns would be able to file a position paper with supporting citations, and Friedman would be given a chance to answer.  Because of trial schedules and vacation schedules, Gilbert won't be back in county court for a hearing on the plea, and possible sentencing, until 11 a.m. on June 20.

Asked for more information outside of court on the particulars of the dispute, Friedman said he couldn't discuss it.

The cases for the other defendants, Oliver Thomas, Marquis Saddler and Adante Davis, are still pending.

Press release:

U.S. Representatives Chris Collins (NY-27) and Eric Swalwell (CA-15) kicked off Small Business Week today by reintroducing the Main Street Revival Act of 2017. This legislation will expedite local small business development in underserved areas.

“For America to achieve a high rate of economic growth, government must do a better job creating an atmosphere for small businesses to thrive,” Congressman Collins said. “Small businesses are the engines that drive our economy, and here in Western New York we must do everything we can to ensure they have the tools to succeed. I am glad to partner with my colleague, Congressman Swalwell, as we work to generate tangible economic development and job growth in our communities.”

“Small businesses are at the heart of our communities and economy – we must do what we can to help them grow and succeed,” Congressman Swalwell said. “The Main Street Revival Act helps new small business owners build a strong foundation for future success. Encouraging entrepreneurship nationwide, especially in struggling areas, will help create an economy that can work for everyone, everywhere.”

The Main Street Revival Act allows qualifying small businesses to elect to defer paying payroll taxes during their first year in operation. The deferred taxes would then be paid in installments over the subsequent four years. The option is limited to businesses expecting to hire no more than 25 people in their first year, and that are located in Historically Underutilized Business Zones, known as HUBZones.

The areas in NY-27 that would be eligible for this benefit include: Tonawanda Reservation, along with portions of Batavia, Lockport, Medina, and York. The HUBZone map can be seen here.

Full text of the legislation can be read here.

Press release:

In alignment with declining influenza activity throughout our area, United Memorial Medical Center and its affiliates joined Rochester Regional Health’s other hospitals in lifting visitor restrictions.

People with fever or respiratory illness symptoms should delay their hospital visits until they have been symptom-free for 24 hours.

United Memorial Medical Center’s usual visitation policy is all visitors shall be 14 years of age or greater, except Maternity where the siblings of the newborn shall be permitted to visit with a responsible guardian.

Press release:

The City of Batavia is looking for City residents who are interested in serving on this committee! Submit your application, available on the City’s website, www.batavianewyork.com, under “Documents,” to the City Clerk’s office by May 19^th!

The Audit Advisory Committee was established to provide oversight to the financial and compliance reporting process, external audit process and control environment.

The Committee aids in the communication between the City Manager and the independent auditor in areas including the integrity of the City’s financial statement, compliance with legal and regulatory requirements and the performance, qualifications, and independence of the auditors.

The Committee will be responsible for meeting with the auditors prior to the audit, reviewing risk assessment, reviewing the draft financial statements and making a recommendation on acceptance of the external audit reports to the City Manager. Additional responsibilities include reviewing the management letter and establishing internal controls.

The Committee is made up of five members, two of which are Council members. Thank you for your interest in serving on this committee!

Press release:

The 2017 Empire Cup College Showcase has teamed with Elite Tournaments and U.S. Youth Soccer Region 1 to bring the Eastern Regional League to Batavia. Over the next two weekends (May 6-7 and 13-14) Genesee County will host more than 3,000 soccer players, plus coaches, families and fans, as the tournaments are played at the Batavia Sports Park and Genesee Community College fields.

Historically this tournament draws teams from throughout New Jersey, Delaware, New York, Pennsylvania, Connecticut, and Canada. With this new partnership, the event has shown significant growth and the influx of visitors and the Genesee County Chamber of Commerce estimates that this event will create an economic impact of more than $1.1 million during the span of the two tournament weekends, from both hotel stays as well as visiting local restaurants and shops. The tournament will generate more than 1,200 room nights at area hotels.

This tournament invites all USYSA and U.S. Club Soccer affiliated boys and girls U13 through U19 teams to participate. Players not only get the opportunity to play with and against the top teams in Region 1; they also get the chance to showcase their abilities and talents to recruits at the collegiate level.

The Genesee County Visitor Center will be open to assist visitors in finding local destinations by providing the new dining guide, maps, visitors guide and area coupons from participating merchants.

Gannon D. McNall, 20, of Bank Street, Batavia, is charged with unlawful surveillance, 2nd. McNall is accused of setting up a camera to record a female acquaintance for the purpose of sexual arousal and/or gratification. He was jailed on $5,000 bail. He was also arrested on a warrant for alleged failure to appear on an unrelated incident.

Brandon James Nugent, 23, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, moving from lane unsafely and failure to keep right. Nugent was allegedly found asleep at the wheel of his running vehicle while it was parked on the shoulder of Sweetland Road, Stafford, at 6:28 a.m. Saturday, by Deputy Eric Meyer. When the deputy approached and woke Nugent, he reportedly put the vehicle in gear, drove east on Sweetland in the wrong lane and drove the vehicle off the north shoulder of the roadway. Deputy Meyer completed a field sobriety test and allegedly found Nugent in possession of marijuana during the investigation.

A 16-year-old resident of Trumbull Parkway, Batavia, is charged with petit larceny. The youth is accused of stealing money from a safe inside a residence where he was living at the time.

A 16-year-old resident of Wood Street, Batavia, is charged with harassment, 2nd. The youth allegedly threw scissors at another person striking the person in the back.

Joseph Marsceill, 32, of Lewis Place, Batavia, was arrested on a warrant. Marsceill was located during a home check by Probation and taken into custody by Batavia PD.

Jolynn M. Gorski, 37, of West Main Street Road, was arrested on a warrant for alleged failure to comply with court-ordered program or service. Gorski was jailed on $1,000 bail.

Priscilla M. Donahue, 38, of Liberty Street, Batavia, was arrested on a pair of warrants. Donahue was arrested by Batavia PD after being located in City Court on an unrelated matter. She was released under supervision of Genesee Justice.

Jacob L. Hernandez, 22, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear. Hernandez turned himself in.

Elizabeth A. Hicks, 34, of Jackson Street, Batavia, is charged with petit larceny. Hicks is accused of shoplifting at Tops on April 21. She was jailed on $1,500 bail.

Lori A. Keech, 46, of Main Road, Stafford, is charged with petit larceny. Keech is accused of shoplifting from Tops on April 12.

Kevin J. Weber, 46, of Columbia Avenue, Batavia, is charged with harassment, 2nd, criminal obstruction of breathing, disorderly conduct, and resisting arrest. Weber was arrested following a report of an incident at 12:26 a.m. April 23 on Columbia Avenue, Batavia. He was jailed on $2,500 bail.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, is charged with riding a bicycle on a sidewalk, inadequate lights, no bell/signal device. McNear was stopped at 8:12 p.m. April 26 at 10 Ellicott St., by Officer Arick Perkins.

Dander J. Cramer, 18, of Route 46, Dansville, is charged with riding a bicycle on a sidewalk. He was stopped at 8:34 p.m. April 26 at 117 Jackson St., Batavia, by Officer Peter Flanagan.

Gregory M. Munroe II, 29, of Harvester Avenue, Batavia, is charged with driving with a suspended registration and aggravated unlicensed operation, 3rd. Munroe allegedly failed to appear in City Court on these charged.

Lisa M. Burke, 48, of Maple Avenue, Batavia, is charged with petit larceny. Burke is accused of shoplifting at Kwik Fill on Jackson Street.

Haley Marie Findley, 24, of Mt. Read Boulevard, Rochester, is charged with unlawful possession of marijuana. Findley was charged following a traffic stop at 8:40 p.m. Friday on Judge Road, Alabama, by Deputy Micheal Lute.

Jason William Whitehead, 19, of Batavia Oakfield Townline Road, Oakfield, is charged with unlawful possession of marijuana, unlicensed operator, moving from lane unsafely, expired inspection and failure to use signal. Whitehead was stopped at 11:43 a.m. Saturday on Pratt Road by Deputy Michael Lute.

A rollover accident with what is believed to be minor injuries is reported at South Main Street Road and Wortendyke Road, Batavia.

Law enforcement is on scene.

East Pembroke fire and Mercy EMS dispatched.

The Girl Scouts held their second Powder Puff Pinewood Derby at St. Joe's this afternoon.  Local Boy Scouts and scout leaders assisted with setup and running the races.

A dog is stuck outside on the roof of a house at 17 Elm St., Batavia. City fire is police are responding. "The caller tried to help the dog but it growls at her," says the dispacher.

UPDATE 1:45 p.m.: This black, medium-sized dog is now safe inside the house and appeared to be uninjured after falling off the roof. The dog got outside on the roof by going out a door and through a wrought-iron railing of a balcony, perching on a two-foot wide eave of the roof. Police Sgt. Dan Coffey said the dog didn't want to go back through the railing and into the house and kept trying to jump down. Police went to the owner's place of employment and got the owner and brought the owner back to the house to try and get the dog to come inside. When the owner appeared, the dog became more agitated and while trying to get back through the railing, fell off the roof. It stood up as soon as it hit the ground and ran to the owner, who had opened a side door, and the dog ran inside the house. It appeared to be uninjured. The owner went in the house, closed the upstairs door and came back down to talk with the police. 

 

Eight local volunteer fire companies are holding open houses this weekend and I was able to drop in on a couple of them today, though by the time I got to Stafford, things were just wrapping up. But the Perkins kids were still there, so we thought, we'll get a picture of them inside one of the fire trucks.

Carter, 4, was pretty done for the day and not really into it. One-year-old Elli was having none of it, but older sister Leyna, 7, was all smiles.

Below are pictures from Bethany and Town of Batavia.

Here's a list of tomorrow's open houses:

Byron Fire Department
6357 E. Main St., Byron
Sunday, 11 a.m. to 4 p.m.
Fire-related demonstrations; mutual aid exercises, plus blood pressure checks, truck tours and trying on gear.

East Pembroke Fire Dept.
2623 Main Road, East Pembroke
Sunday, 9 a.m. to noon

Elba Fire Department
4 S. Main St., Elba
Sunday
Equipment displays and station tours.

To find out more about supporting your local fire department, visit ReadyGenesee.com.

Solid and mechanically up to date three bedroom 2 full bath home with large yard and two outbuildings! This home is in need of some decorating updating but is in good shape and has lots of great space! This home offers a small bedroom and first floor full bath as well as eat-in kitchen, formal dining room and large living room with hardwood floors. Upstairs has two bedrooms full bath and a partial attic. The yard is large and has detached garage with work /storage space as well as large out building for super sized work shop hobby area. Definitely a lot of bang for the buck here! Call Lynn Bezon today or click here to view the full listing.

Press release:

The Batavia Muckdogs today announced the start of their reading program, designed to promote reading amongst the youth of the local communities. Along with the help of New York’s 529 College Savings Program, 2017 will mark the fifth year of the “HIT THE BOOKS with the Batavia Muckdogs” reading program.   

As part of this program, the Muckdogs have provided various schools and libraries across local counties with customized bookmarks. On the back of these bookmarks, children can have a parent, guardian, teacher or librarian initial each time they complete a book. When a child completes 10 books, they can redeem the bookmark at the Dwyer Stadium box office for a FREE TICKET to any Sunday-Thursday Batavia Muckdogs’ game!

In addition to the free ticket, the child will also receive a prize courtesy of New York’s 529 College Savings Program. If a child reads 20 books, they will be entered into a drawing to win a backpack with school supplies, provided by New York’s 529 College Savings Program; along with the opportunity to throw out the first pitch at a Muckdogs game. 

In addition to the many participating schools, bookmarks will be made available to children at the following local libraries:

·         Richmond Library (Batavia)

·         Lee-Whedon Memorial Library (Medina)

·         Byron-Bergen Public Library

·         Haxton Memorial Library (Oakfield)

·         Hoag Library (Albion)

·         Pavilion Public Library

·         Woodward Memorial Library (Le Roy)

·         Holley Community Free Library

Any questions about the reading program or redeeming for tickets can be answered by Josh Swan, at 585-343-5454, ext. 1005.

The shuttering of the Muller Quaker Dairy opened doors for Michael Welch.

The part-time pastor always wanted to own his own business, be his own boss, and with a three-month severance package and a program through the unemployment office aimed to help the unemployed start companies, Welch decided it was time to turn dream into reality.

"I’m a pastor and I believe in God and I just asked the Lord if this what we’re supposed to do, just let the doors all be open," Welch said. "And if it’s not, just stop, stop it. All of the doors have been open all along the way, not to say it hasn’t been hard work. It’s been extremely hard work, especially at the end here."

At first, his wife, Paula, was skeptical, even though she also enjoyed his hobby of garage sales, estate sales, and auctions. But as doors along the way kept staying open, she realized a retail store of their own might be exactly what God wanted them to do.

Tomorrow, they open Welch and Craine Trading Post, 60 Liberty St., Batavia (the main entrance is really on Liberty, behind the Pok-A-Dot).  

The store features home furniture and decor, architectural salvage, handcrafted and repurposed furniture and household items.

 Welch added "trading post" to the business name because he wanted people to know the store sold a variety of items.

"We’re not just going to have like 100 beds, or 100 dressers," Welch said "We’re going to have a whole different mix of things. Some of it is going to be old. Some of it is going to be new."

Michael and Paula long enjoyed going to garage sales together and then about six years ago, Michael discovered auctions. He enjoyed the hunt for antiques and the rush of bidding and winning on favorite pieces.

"At first, I was bringing pieces home and it fit perfectly, and then I was bringing more pieces home and then it didn’t fit too perfectly," Welch said. "Finally, Paula is like, ‘this stuff, you’ve got to do something with this. There is too much stuff.’ "

That's when he started to think his hobby could maybe someday become a business.

As he was going through the unemployment business program, he mentioned some of his ideas to Brian Kemp, co-owner of T-Shirts Etc., and Kemp loved his ideas.

"I'd like to do something like that," Welch said Kemp said.

As they talked, Kemp told Welch about the Batavia Development Corp. and how they have low-interest loans and grants to help small businesses get started in Batavia.

That started a whole other long process. He had to write a business plan and the BDC Board had him revise it a few times before his plan was approved and the project was approved for assistance.

Tomorrow, the grand opening is at 11 a.m. and then from 7 to 11 p.m., the Tommy Z Band, out of Buffalo, plays a free blues concert.

Ray Cianfrini, recipient of Distinguished Service Award from the Genesee County Bar Association.

Press release:

Kiwanis Club President Jocelyn Sikorski and Genesee County Bar Association President Peter Casey announced the awards during an annual dinner held at Batavia Country Club on Thursday, April 27. The speaker at the dinner was Lewis R. Robinson, Secret Service Special Agent in Charge of the Buffalo Field Office.

Kiwanis Criminal Justice Award

The Kiwanis Club of Batavia Criminal Justice Award is presented to a member or members of the community, law enforcement, or a criminal justice agency serving the citizens of Genesee County whose exceptional career achievements and conscientiousness to citizenship have demonstrated a spirit of selfless public service or demonstrated an act of exceptional valor or heroism.

THE 2017 AWARD RECIPIENTS ARE:
Investigator Ronald “Pete” G. Welker, Genesee County Sheriff’s Office
Ronald “Pete” Welker started his career with the Genesee County Sheriff’s Office on May 11, 1994, as a Correction Officer.  He was promoted to Deputy Sheriff on Feb. 3, 1996, and then promoted to the rank of Investigator on April 1, 2000. As an Investigator, Pete has been assigned to the Local Drug Task Force where he has tirelessly conducted investigations into the sale and distribution of drugs throughout Genesee County and effected arrests against those who use and sell illegal drugs. Due to the nexus between drugs and crime, Investigator Welker has also proven himself to be an extremely valuable information resource for perpetrator identification that has resulted in the apprehension of criminals for felony crimes such as robbery, burglary, attempted murder, and assault. During his 22-plus years as a member of the Genesee County Sheriff’s Office, Investigator Welker has received numerous letters of appreciation from the public. In 2009, Pete received the “Deputy of the Year Award” by the Genesee County Sheriff’s Office and is also the recipient of four Commendation Awards and two Meritorious Awards. Investigator Welker was nominated for this award by Sheriff William A. Sheron Jr.

Court Attorney William G. Zickl, Genesee County Court
Prior to assuming his current position as the Court Attorney for the Genesee County Court on Jan. 1, 2017, William G. Zickl devoted 29 years of service to the Genesee County District Attorney’s Office, the local Law Enforcement Community and the citizens of Genesee County. Zickl prosecuted hundreds of cases and represented the People of the State of New York in numerous appeals and post-judgment applications. He represented the District Attorney’s Office in all violation of probation cases in the Genesee County Court and in various treatment courts, prosecuted firearms cases, and provided legal counsel to the DA’s Office. He handled the County’s pistol permit revocation/suspension proceedings for a number of years, worked closely with the Genesee County Local Drug Enforcement Task Force, and prepared search warrants 24 hours a day, seven days a week when needed. In addition, he also found the time to volunteer many hours as an attorney-advisor and as a judge in the NYS Bar Association’s High School Mock Trial Tournament, addressed various community groups on the topics of firearms and use-of-force laws, participated in several in-service law enforcement training programs and also organized and participated in mock trials for police officers through the Rural Police Training Institute based at Genesee Community College. Court Attorney William Zickl was nominated for this award by District Attorney Lawrence Friedman.

Officers Marc Lawrence and Matthew Wojtaszczyk, Batavia Police Department
Officers Lawrence and Wojtaszczyk were integral in creating the first ever Batavia Police Department Explorer Post. Both officers identified a need to get younger people involved in policing at an early age. They spent countless hours of their own time researching what an Explorer Post is and what the benefits to, not only the individual involved but also the benefits to the agency and community are. Marc and Matt reached out to the Boy Scouts of America to form a partnership and to guide the process along. They completed several recruitment drives in conjunction with the Batavia City School District, spending many hours speaking with youth in the community about the benefits of the Explorer Program and police work in general. Their efforts finally came to fruition on Jan. 25 with the first meeting of the Batavia Police Department Explorer Post #2017. The first class consists of approximately 15 youths, ages 14 to 18 years old, who have demonstrated an interest in law enforcement or a related field. This program will help to foster good relationships between law enforcement and the community and will serve as a model to other departments looking to begin such a program. Officers Marc Lawrence and Matthew Wojtaszczyk were nominated for this award by Chief Shawn Heubusch.

Charles L. Mancuso Mock Trial Award
The “Charles L. Mancuso Award” was presented to the members of the Pembroke High School Mock Trial Team as winners of the 2017 GLOW (Genesee, Livingston, Orleans, and Wyoming counties) District Competition in the New York State Bar Association High School Mock Trial Tournament. The award reads “Dedicated to the Memory of an Outstanding Attorney-Citizen,” Charles Mancuso, a Batavia lawyer, served as coordinator of the local competition until his untimely death ten years ago. The Pembroke High School team members honored at the dinner include: Seth R. Librock, Rachel J. Tebor, Tyler Indiana Wood, Kassandra E. Sanner, Eli J. Fox, Aiden J. Costich, Matthew K. Reeb, Bethany M. Zwolinski, Sophia R. Zwolinski, Theodore O. Pintabona, Coach Paul L. Schuler Jr., and attorney-advisors Mary Ann Wiater and David Saleh. Coordinator of the local Mock Trial Program, Kristie DeFreze, and Genesee County Bar Association President Peter Casey presented the award.

Genesee County Bar Association DISTINGUISHED SERVICE AWARD

Raymond Cianfrini

Genesee County Clerk Michael Cianfrini made a special presentation to Raymond Cianfrini on behalf of the Genesee County Bar Association. Attorney Raymond F. Cianfrini will retire May 1 after a distinguished 45-year career practicing law in Oakfield. A graduate of Oakfield-Alabama High School, and later a member of its Hall of Fame, he went on to college and was drafted after completing his first year of law school and served our country in the Army from 1968-1970. Cianfrini started out as a young lawyer in 1972, first working with Oakfield attorney Albert Avery. During his tenure thereafter, he has served as an Assistant County Attorney and Assistant District Attorney. However, his devotion to his Oakfield law practice and clients is undoubtedly the hallmark of his legal career. His service and dedication to the community have likewise been exemplary. He was elected to, and has held positions as, OACS School Board Member, Village Trustee, Mayor of the Village of Oakfield from 2000-2007, and County Legislator from 2008 until the present time. He has been chairman of the Genesee County Legislature since 2014. Cianfrini has also contributed countless hours to the Oakfield Historical Society, Oakfield Betterment Committee, Oakfield youth sports, and other local nonprofit groups. He and his wife, Karen, raised their three children, Christy, Mike, and Steve in Oakfield. Together, they remain devoted to their children and grandchildren. The Genesee County Bar Association is honored to present Raymond F. Cianfrini, member and past president, with the award for Distinguished Service to the legal community.

William Zickl

Keynote Speaker Lewis Robinson, with the Secret Service. Robinson spoke about the history of the agency and its activities since its founding and how it operates today. 

Batavia PD: Assistant Chief Todd Crossett, officers Matthew Wojtaszczyk and Marc Lawrence, and Chief Shawn Heubusch.

Genesee County Sheriff's Office: Sheriff William Sheron, Investigator Pete Welker, Undersheriff Greg Walker, and Chief Deputy Jerome Brewster

Pembroke's winning mock trial team.