batavia

John E. Sackett, 48, of 81 Falmouth St, Rochester, is charged with aggravated unlicensed operation, 2nd, unlawful possession of marijuana, and criminal possession of a controlled substance, 7th. Sackett was stopped for allegedly speeding in the Village of Corfu by Officer Mike Petritz. Sackett was allegedly going 48 in a 35-mph zone and found to have 16 suspensions on his license. He was allegedly found with a small quantity of marijuana and a small baggie containing cocaine residue. Sackett was jailed on $1,000 bail or $1,000 bond.

Thomas James Rose, 18, of Ford Road, Elba, is charged with driving while impaired by drugs and unlawful possession of marijuana. Rose was arrested following an investigation into a personal injury accident off a driveway on Valle Drive, Batavia, at 6:45 p.m. Aug. 3. The accident was investigated by Deputy James Diehl.

William Leslie Casinett II, 32, of Frontier Avenue, Niagara Falls, is charged with assault, 3rd. Casinett allegedly punched another person in the face causing physical injury at 9:30 p.m. July 29 while at the Darien Lakes Performing Arts Center.

Kirk Andrew Frye, 25, of South Swan Street, Batavia, is charged with petit larceny. Frye is accused of shoplifting at Walmart.

Kevin Albert Roberts, 23, of Riverstone Parkway, Canton, Ga., was arrested on warrants alleging criminal mischief, 3rd, petit larceny and unlawful possession of marijuana. Roberts was arrested in Georgia as a fugitive from justice and returned to Genesee County. He was arraigned in Town of Batavia Court and jailed without bail.

Stephen K. Mullen, 25, of Silver Springs, is charged with unlawful possession of marijuana. Mullen was stopped by State Police at 2 a.m. Aug. 5 on Route 5, Stafford. No further details released.

Jacob R. Reinhardt, 51, of Corfu, is charged with DWI and driving with a BAC of .08 or greater. Reinhardt was stopped by State Police on Colby Road, Darien, at 10:36 a.m. Wednesday.

Steven P. Tubinis, 42, of Niagara Falls, is charged with felony DWI and felony driving with a BAC of .08 or greater. Tubinis was stopped at 10:15 p.m. Wednesday on Colby Road, Darien, by State Police.

Though staunch in his defense of Akeem Simmons, Defense Attorney Thomas Burns failed to create reasonable doubt in the minds of the 12 jurors tasked with hearing the case. Simmons was found guilty today on all three counts for which he was being tried.

The 23-year-old Batavia resident was found guilty of burglary in the first degree, a class B violent felony; criminal use of a firearm in the first degree; and conspiracy in the fourth degree. While Burns made a valiant attempt to poke holes in the prosecution's witness testimonies, the jury was not swayed in his client's favor.

"There is an irony that stands out," Burns said during closing arguments, "when you count the number of law enforcement that (18-year-old Nathaniel) Davis met, even before the trial, that he lied to about the events of that day (January 14, 2014).

"He came in, laid his hand on the Bible and swore to tell the truth and he lied," Burns continued.

Davis is also accused of first-degree burglary, and fourth-degree conspiracy. The Davis case is still pending.

Burns also noted that, according to Davis, there are lies, and then there are justifiable lies. 

Reasonable doubt and the lack of quality evidence were the key points in the defense attorney's closing argument. According to the defense, Davis himself admitted to breaking into the home on Park Avenue. Additionally, when Davis was nabbed by police, he was found carrying a loaded gun. Furthermore, Burns painted the investigation by police as somewhat lackadaisical.

"Did you (jury) hear any testimony about the house being searched for evidence?" Burns queried. "It was January in New York; where are the footprints? Was anything observed in the house?"

Burns also pointed out that there was no evidence that linked his client to the gun or the screwdriver used in the crime.

District Attorney Lawrence Friedman countered with a recap of witness testimony. He stated that Simmons was seen with what looked like the grip of a gun, prior to the crime. 

The focus of the evidence has been on the flight from the area -- the path that ran along the back of the Park Avenue house to St. Paul's Church, Burns argued. He also stated that police K-9 Pharoah detected a strong scent that led the animal and handler, Deputy Brian Thompson, to the porch where Simmons was hiding.

Burns contended Simmons ran because of his knowledge of a warrant issued against him for a parole violation. Friedman continued reminding the jury that the trial was not about a parole violation, it was about placing Simmons at the scene of the crime and committing burglary. 

Conversely, when a search warrant was issued for Davis's phone, investigators found Simmons' number in Davis's list of contacts.

"There were no text messages or calls between Simmons and Davis," Burns said. "There was no communication between them on the phone at all. Not knowing about the phone records is a quality-of-evidence issue."

In the defense's pursuit to rebuke Friedman's witness testimony, Burns questioned a witness account of the events on the day of the burglary. He noted that her initial testimony indicated that only one person entered the Park Avenue home, and she was "pretty sure" they were black and about 5'7" or 5'8". The prosecution recalled the witness after the lunch break, whereupon she recanted her earlier testimony, and stated she saw two men enter and exit the house which is what she said in the call to 9-1-1 on Jan. 14.

Returning to Davis's testimony, Burns stated that even when Davis tried to put Simmons in the house, he still couldn't get his story straight. He contended that Davis said he lied because he was intimidated by Simmons; that he was afraid of what Simmons would do -- thus stated after notes were found where Simmons is said to have written that he "had a man killed in Elmira." The prosecution also made reference to said notes, but stated that Simmons' threat is indicative of consciousness of guilt.

Burns asked the jurors to consider Davis's demeanor on the stand, his lifestyle, his conflicting explanations, and how he justifies his lies; this goes to show a person's moral fiber. Drumming the idea into jurors' heads that Simmons only ran because of the parole warrant and Davis is a "scary pathological liar," he finalized his argument reminding jurors to follow the law as instructed by the court.

"If you have any doubt about Davis," Burns said. "Then you have reasonable doubt about Simmons' guilt.

"You're not being asked if he (Simmons) is a good or bad person or that he violated parole," Burns continued. "You are asked to determine if the district attorney proved beyond a reasonable doubt to my client's innocence."

"Judge (Robert) Noonan will tell you that the verdict is based on evidence, not speculation," Friedman said. "The evidence presented proves this beyond a reasonable doubt."

Speaking of the decision to use Davis's testimony, Friedman enlightened the jurors that a case can not be built solely on an accomplice's testimony -- corroborating evidence is also needed.

"You got that many times over in this case," Friedman said. "Don't get hung up solely on Davis's testimony. Look at all the evidence."

Friedman also refuted the idea that Davis received a deal for his willingness to testify. According to the D.A., they didn't need his testimony to prove the guilt of Simmons.

"Davis lied because he knew Simmons was a gang member," Friedman said. "That's why Davis wasn't willing at first to finger Simmons. 

"What does Davis have to gain by testifying against Simmons?" Friedman retorted.

Friedman inferred that if it wasn't enough that Simmons was a gang member and carries a gun, it was also intimidating when threatening notes were passed to Davis in the Genesee County Jail. Conversely, Simmons was said to have given Davis the idea that breaking into the house on Park Avenue was a way to get money because the homeowner was a drug dealer.

"Upon investigation, it was obvious that the homeowner was not selling drugs out of his home as Simmons indicated to Davis," the D.A. said.

The prosecution also questioned Simmons' honesty when he denied knowing Davis, yet Davis had his phone number in the contacts of his cell phone. Furthermore, when Simmons was questioned, he said a "kid" was involved in the burglary, however, police never stated the age of the subject. 

Simmons also admitted to wearing the clothes that witnesses said the men leaving the house were wearing, yet when he was found, Deputy Thompson witnessed Simmons pushing similar clothing away from him.

Additionally, Simmons puts himself on the path, going in the direction of the church, on the date and time the crime was committed. He even went so far as telling officers that he "saw two dudes in black running on the path."

"Think of the evidence the police had prior to Davis's testimony," Friedman said. "Using common sense, you (jury) will find that Simmons' innocence was proven wrong, therefore you must return a verdict of guilty."

Simmons is held without bail at the Genesee County Jail. He is scheduled for sentencing Sept.15 at 9:30 a.m..

The employees are happy. Local officials are happy. Pete and Andy are happy. Everybody's happy.

Even the costume designers for the hit HBO series Empire Boardwalk are happy (at least we assume so -- they'll still be able to order p.w. minor shoes for the show).

A Batavia institution, along with 70 local jobs were saved by two local businessmen. Today, speaker after speaker praised Pete Zeliff and Andrew Young for stepping forward just a month ago when they heard the 150-year-old shoe company was closing to buy it and keep it going.

Zeliff and Young plan to do more than just keep the doors open. They vow to expand the business and create more jobs in Batavia.

"The struggles of this company are over," Young said. "We're going to make it work, OK. Once again, we'll make this company the epitome of 'Made in America.' "

They've gotten some help from Empire State Development to help make the purchase possible.

Regional Director Vincent Esposito announced ESD is making available $450,000 from the agency's Excelsior Jobs Program. To qualify, Zeliff and Young had to pledge to create jobs and make a significant capital investment in the company.

Young and Zeliff were also planning to apply for $269,000 in tax abatements from the Geness County Economic Development Center, but that application was tabled Monday on the advice of the agency's attorney.

The attorney is researching the matter further, according to Ray Cianfrini, chair of the Legislature as well as a GCEDC board member. But it appears that so long as Zeliff is a member of GCEDC board, p.w. minor can't receive assistance from GCEDC.

Zeliff has a big decision to make -- resign from the board and apply for the tax relief, or stay on the board and move p.w. minor forward without any further tax breaks.

Zeliff said he's made no decision yet and offered little insight into his thought process on the matter. He did note that serving on the GCEDC board is a volunteer position. Directors are not paid.

Former GCEDC Board Chairman Charlie Cook, CEO of Liberty Pumps, resigned from the board when it came time for his company to expand and Liberty applied for assistance from GCEDC.

Today, Cianfrini spoke at the press conference -- really a celebration -- at p.w. minor's facility on Treadeasy Way.

"Today is not only a great day for p.w. minor and all of its employees," Cianfrini said. "It's a great day for all of Genesee County. We need to recognize how fortunate we are to have people like Pete Zeliff and Andy Young, who are dedicated to economic development, here in Genesee County, who are willing to get personally involved in economic development."

City Councilman John Canale recalled touring the p.w. minor factory on State Street when he was a child, and talked about how he grew up with the company being an ever-present part of the community his entire life.

"p.w. minor is an icon," Canale said. "It's a Batavia institution. When I found out that institution would no longer be in business, I felt like I had just read the obituary of someone that I knew and loved in this community. Today makes it a very happy day, in that two guys with a bit of ambition and a whole lot of entrepreneurial spirit decided this institution needs to continue in this community."

After the speeches, attendees were invited on guided tours of the plant to see how shoes are made in Batavia.

A few lucky people even got to see the shoe sent to the costume designers of Boardwalk Empire.

With media around, a couple of employees demurred at being interviewed, and at one point, as a worker was surrounded by photographers, Young asked her, "are you mad at me (for bringing the media over)?" Another employee nearby spoke up, "How could we ever be mad at you? You saved us."

The average p.w. minor employee has been with company 24 years.  

Andrew Young and Pete Zeliff.

The style of shoe sent to the set of Boardwalk Empire.

UPDATE: After the jump, a press release from Gov. Cuomo.

Press release: 

A power line is down and blocking the roadway at 3644 S. Main Street Road. Law enforcement on scene requests East Pembroke Fire Police to close a portion of the road so National Grid can make repairs.

A company that was planning to build much needed middle-income senior housing in Genesee County is apparently ready to kill the project after the Genesee County Economic Development Center Board voted Tuesday to block the project from receiving financial aid.

A representative of Calamar, the senior housing developer, sent an e-mail to a county official yesterday that said without the more than $1.4 million in tax breaks Calamar was seeking, the project is not financially viable. 

A source provided The Batavian with a copy of the e-mail.

"We've been left with no options than to not proceed," wrote Jocelyn Bos, director of senior housing development for Calamar. "If we do not have an endorsement, I wouldn't be able to keep the rents affordable to the middle income senior group of Batavia." 

Asked by The Batavian for further comment and to confirm the contents of the e-mail, Bos backed off the not-proceeding statement.

Her entire statement:

First, I want to tell you how I have admired how your paper supports the seniors of all incomes in your community and just want to let you know that we are exploring our options regarding our proposed middle-income senior complex.

According to John Gerace, a real estate agent who assisted Calamar with locating the property on West Main Street Road for the project, Calamar officials spent much of yesterday discussing their options.

Among them, he said, is filing an Article 78 claim (essentially a lawsuit) against GCEDC.

The way Gerace sees it, middle-income housing for seniors is needed in Batavia; it's part of the county's master plan; it's an identified need in GCEDC's planning documents; and this is a commercial project just like any other, so it's eligible for assistance.

"I told them (the GCEDC board), 'you guys should be ashamed of yourselves because you know it's warranted and needed, so what you've done is just shut the door on any more senior housing in Genesee County,' " Gerace said.

Calamar was seeking $400,000 in sales tax and mortgage tax exemption and a $1 million PILOT, which exempts a property from additional property taxes on an increase in assessed value, graduated over 10 years.

The value of the developed property would have been at least $5 million, Gerace said, which would have meant an additional $175,000 in new local property tax revenue once the PILOT expired. 

Local residents selling their homes to move into the Calamar facility also would have generated new tax revenue, Gerace said.

Gerace worked as a secondary agent on the property sale, he said, and stood to get no more than a $4,000 commission on the $1 million sale of the property on West Main Street Road.

Ray Cianfrini, chairman of the County Legislature, and a GCEDC board member, said he voted against Calamar because he can't see authorizing spending $1.4 million in taxpayer money to create two jobs.

"We all agreed that it's a worthwhile project," Cianfrini said. "We all agree middle-income senior housing is needed. We agree with that, we just don't want to spend taxpayer money to do it. If the project doesn't go forward, I feel badly about that, but this was not a narrow vote."

Cianfrini said he also sees the Calamar project as competition for existing senior housing in the county -- housing that was built without taxpayer assistance.

Calamar would have been able to charge lower rents than some existing projects and that wouldn't be fair to the other developers, Cianfrini said.

The idea of competition is the key to the vote, Gerace said. More new housing in the county would mean more competition for Pete Zeliff and his Oakwood Estates project on the east side of town.

Zeliff, a newer member of the GCEDC board, is building single-family homes that would be marketed to upper-income professionals.

Gerace thinks that creates a conflict of interest for Zeliff and Cianfrini, who is the attorney for Zeliff on the project.

Cianfrini and Zeliff said both said don't see a conflict of interest. The two projects are completely different. They're aimed at different markets -- one is rental, the other is home ownership. Even if you factor in existing homes being vacated by seniors moving into the Calamar project, that's still a very different home buyer looking at those older homes than would consider something in Oakwood Estates.

Zeliff has not even approached the GCEDC about financial incentives for Oakwood Estates. He said his vote against the Calamar project had everything to do with the merits of the proposal.

"They're creating just two jobs at cost of $1.4 million," Zeliff said. "That's $700,000 a job. The residents complain when the EDC gives incentives to industry that is $100,000 a job, why would the residents want to commit $700,000 to a job to residential housing?"

And yes, competition is an issue -- Calamar would compete with projects such as Clinton Crossings, which charges $1,100 a month in rent. Calamar's taxpayer-subsidized rents would all be $1,000 or less.

Clinton Crossings received no tax incentives for its project, Zeliff said.

"They have 35 people on the waiting list waiting to get in," Zeliff said. "The area will support senior housing at the money Calamar claims it won't."

Gerace wonders why the GCEDC board wouldn't even let the project go to a public hearing, allowing the public to weigh in on whether Calamar should get tax incentives to help build much needed senior housing.

Cianfrini said he didn't see any point in a public hearing.

"My position, if we don't believe in the project in the first instance, why let it go to a public hearing when we know we're going to vote it down after a public hearing," Cianfrini said. "We just thought we'd be wasting valuable time to even let it go to a public hearing. If they want to know what the public viewpoint on this is, let them poll the public themselves and get their own opinion on it."

Summer in the City is Saturday from 11 a.m. to 9 p.m. Here's the notice of streat closures for the day:

Streets closed (barricades) at 7:30 a.m.:  Main, Bank, Center, School, Jackson, Court & Jefferson:

Bank at Washington (For Race Only)
Bank at Alva
Main at Upton Monument
Main at Liberty / Summit
Jackson at Ellicott
Center at School
Court at Ellicott  / Parking Lot Entrances /Bank Drive-Thru
Jefferson at Intersection Tonawanda Valley & Wendy’s Parking Lots
Wendy’s -- Main Street Entrance

Main Stage: Will be located in front of Wendy’s / County Building #1 on Main Street facing east. Entertainment begins at 11 a.m. and ends at 9 p.m.

Vendors: Crafters and nonprofits & KidsZone located on Main, Court & Jefferson. Food vendors will be on the north side of Main Street from in front of Larry’s Steakhouse, west to corner of Main & Jefferson. Commercial vendors on the south side of Main Street from corner of Court to Center Street. BID Businesses south side from Jackson to Center Street.

Super Cruise: Vehicles will be on the north side of Main Street from Jackson Street, east to Liberty / Summit, and the south side from Center to Liberty Street. They will also be on Jackson, School & Center streets and a segment of Bank Street.

Donny Carroll 5K Race: Start/ Finish line will be at the entrance of Bank of America Drive-Thru.  The race starts at 9 a.m. and ends finishes by 10:30 a.m.

Access To Parking Lots:  Court / Jackson access off of Ellicott Street;
                                            Alva access off of Alva Place & Bank Street (after 5K Race
                                            ends at 10:30 a.m.);
                                           Center Street access off of School Street

Reopen streets at 11 p.m.

Standing by a window, toasting a French bread pizza, Jeff Heubusch looked out on sunny Ellicott Street and mused, "sure beats working working in a salt mine."

He then states the obvious with a wry smile. "There's no windows in a mine shaft."

Heubusch should know. He spent 12 years working in a salt mine. He only quit when a mining accident nearly took his life.

His year-long recuperation gave him time to reflect and reassess what he wanted to do with his life.

The son of a miner, Heubusch purchased Southside Deli two years before the accident (today is the 25th anniversary of that purchase). He kept his mining job even as he tried to build the deli business. Digging out the salt of the Earth so motorists could drive on de-iced asphalt offered Heubusch a sense of security not available to entrepreneurs. He didn't want to give up that steady paycheck and good benefits while trying to build a business of his own.

While convalescing, Heubusch said to himself, "Am I going to lay on this couch the rest of my life and live on comp or Social Security disability?"

"Once I was able to get around and be productive, that's when I said, really, 'it's all or nothing.' "

That sense of commitment has stuck with Heubusch now for more than two decades. It's the reason Southside Deli not only survived. It thrived.

One hundred customers a day has become 500. Three employees have become 17. Children who once bought pop and candy at the store now bring their families in for subs and salads.

Born in Wyoming County, Heubusch graduated from Warsaw High School in 1977. He was 17 and couldn't get a job, so he went to work in his mother's upholstery business.

When he turned 18, he got his first job in a salt mine.

He was laid off, rehired, laid off and rehired again a couple of times over the next few years. During that time he also worked for U.S. Gypsum and Le Roy Machine.

He bought a house in Batavia, and when he started working in the mine again, his daily commute took him down Ellicott Street.

Every day, he would drive past Southside Deli (Heubusch kept the name from the previous owner; In the 19th Century, it was Ebling Meat Market and the location has always been some sort of market). 

On the second floor of the building is a balcony. As he drove by each day, Heubusch would see a for sale sign hanging from the balcony rail.

That got his mind working.

"I'd see it and I'd think to myself, 'man, I'd love to work for myself.' I kept seeing that and it kept fueling my idea of what I would do if I owned that."

There's a reason working in a salt mine is a metaphor in our culture's lexicon for arduous work. It's hard labor.

In flush times, Heubusch worked 10 to 12-hour days, seven days a week.

"There were days I never saw daylight."

One day, finally, he called a realtor and got the ball rolling.

Escrow closed Aug. 10, 1989. Heubusch opened Southside Deli for the first time under his ownership four days later.

The business needed a lot of work, he said. The century-old building needed an array of repairs. There was kitchen equipment to replace and Heubusch wanted to expand the deli.

"I knew the deli had potential. It was a great concept, but he (the previous owner) wasn't a hands-on guy. I knew if I worked it, I could bring it to life."

There was nothing easy about those early years, said Heubusch, who had no prior food service experience.

Besides keeping his job in the salt mine, Heubusch and his family (his daughter Cassandra was 4 years old at the time) lived in the apartment above the store.

"That's the only way I could do it."

Cassandra rode her skates through the aisles and learned to ring out deli customers by the time she was 6.

Then came the mining accident.

He was at the bottom of a mine shaft and it closed up on him. Heubusch suffered a pair of broke legs, a broken back and nerve damage.

"To me, it was a life-threatening experience. It all could have ended that day."

He required multiple surgeries, a year of at-home convalescence, seven years of physical therapy and 20 years of chiropractors.

To see him work in his store today, you would never guess his body had been through such trauma. 

"This place did help me, both mentally and physically."

So what's the secret to his success?

Heubusch said it's easy: hard work, good food and a singular focus on keeping customers happy.

A customer complaint feels like a failure, Heubusch said.

He takes a lot of pride in how well his deli team works together to take orders quickly, move fast and deliver the right sub or wrap made well and with alacrity. It's timing and attention to detail.

"I like being known as the place with the best subs. The best meats, the best salads. That's our niche. People can go anywhere else and buy pop, groceries or beer, but you can't buy a Southside Deli sub anywhere else. If you've been raised on Southside, nobody can match it."

The best measure of success, Heubusch said, is the customer who comes back.

"It's a good feeling. When you have a customer who's never been in before and they come back and they come back and they come back, it's a good feeling. Then I know I'm doing the right thing."

It sure beats working in a salt mine.

During lunch hour, customers are often lined up four and five deep at the deli counter.

On the wall above the racks of candy are 22 pictures of Little League teams sponsored by Southside Deli. Heubusch said young men come in now and point to pictures of their 8- and 9-year-old selves.

"It sure beats working in a salt mine."

A big part of Southside's lunch business comes from workers calling in their orders for pick up.

Chris Moss, running for lieutenant governor, made three campaign stops in Genesee County on Tuesday, starting with Batavia Turf Farms, where he got a look at a natural roof covering that Batavia Turf/CY Farms grows for a company in France, Vegitel.

In the photo above, Moss, in the dark suit on the left, talks with local farmers while standing on flats filled with sedum plants.

Craig Yunker, CEO of CY Farms, explained that rooftops covered in Sedum absorb more water, preventing runoff, and help cool the building more efficiently.  

"They (Vegital I.D.) supply green roofs to buildings looking to help control stormwater, help reduce energy costs and reduce the hotspots in cities," Yunkers said.

After the briefing on sedium-covered roofs, area farmers shared some of their issues with the state, particularly in the area of farm labor and a renewed effort by New York City activists to raise wages beyond what would be sustainable for Upstate farmers.

Moss said he and his running mate, gubernatorial candidate Rob Astorino, fully support New York's agriculture industry.

"We understand the importance of farming and what it does for New York State, the importance to the economy," Moss said.

The discussion then turned, led primarily by Rep. Chris Collins, to how folks such as Gov. Andrew Cuomo and Assembly Speaker Sheldon Silver are holding back the New York economy with taxes and regulations.

Collins hit on themes he would return to when he and Moss appeared later at the Genesee County Women's Republican Club event at Batavia Downs and the Genesee County SCOPE meeting at the Calvary Baptist Church on Galloway Road, Batavia.

Collins said "New York is losing." People are moving away. Businesses are moving away. There was a time when New York had 45 members of Congress and Florida had seven. Now, New York has 27 and Florida has 29.

"The governor says there are now two blocks around University at Buffalo that are now tax free and I say, 'governor, in Texas, the entire state is tax free; in Florida, the entire state is tax free,' " Collins said. "This is all smoke and mirrors. If it wasn't so sad, it would be a joke. He's creating this illusion that New York is prospering."

Moss also spoke out against the SAFE Act and Common Core.

He said first thing on the agenda for an Astorino/Moss administration would be defunding and repealing the SAFE Act.

He also announced that yesterday, the campaign had turned in 65,000 signatures had been gathered to create a party line on the election ballot for an Anti-Common Core Party. Such a line, he said, could tip the election to Astorino.

Yunker, Collins and Moss.

Chris Moss

Moss, who is sheriff of Chemung County and president of the New York Sheriff's Association, with Susan Maha and Sheriff Gary Maha.

Local, award-winning artists Terry Webber and Bernice Yunkers have a joint exhibit at the Richmond Memorial Library now through the end of August.

Richmond Memorial Library patrons and supporters got a chance to meet new director Bob Conrad during a reception Tuesday.

Conrad is originally from Rochester, a 1992 graduate of Eastridge High School. He lived for 22 years in the Chicago area where he earned an undergraduate degree in Radio, TV and Film and a graduate degree in Library and Information Science.

He worked for 10 years in the Chicago library system before he decided he wanted to take his career to the next level. He started looking for jobs in New York and California and when he found the opening in Batavia he said it was "a perfect fit."

As a new director, he's not coming in looking to make a lot of changes. We have something good here in a library, he said, and he wants to keep it that way.

"I want the best library that this community can support and the best library that can support the community," Conrad said, adding, "Right now, I'm just learning the job. I'm delighted that the staff all seem to know what they're doing and that the community really treasures the institution, so my first job is not (to) break it."

Conrad is buying a home in Batavia, but in the meantime, he's staying with family in the Rochester area.

He's very familiar with WNY. His family took annual trips to Letchworth and Watkins Glen and he worked at Seabreeze in high school. But when Conrad started spreading the news that he was taking a job in Batavia, it prompted a little geography lesson for those around him in Illinois. They are far more familiar with another Batavia (their very own).

"I did have to disambiguate to all of my colleagues when telling them where I was going to be library director," Conrad said.

Bob Youll's business sucks -- in a good way.

A lifelong Batavia resident, Youll has been running "The Vac Shop," at 329 Ellicott St. in the city, since 1991. He attributes the longevity of his business to perseverance, word of mouth and steady business.

"Off the top of my head, I'd say I get between 30 and 50 regular customers," Youll said. "Though it does fluctuate from year to year due to people moving, changing jobs, etc."

Youll will take care of anything from major motor repairs to changing belts and cleaning out clogging.

From time to time, he will repair other household items -- such as blenders, lamps and heaters -- as well. He also sells used and rebuilt vacuums, as well as the occasional new vacuum.

Formerly employed by a Batavia catalog store (now closed), Youll got his vacuum repair training from The Vac Shop's former owner, Joe DeFazio.

"Joe taught me about basic vacuums," he said. "At that time, most of it was self-taught. You would get a machine, take it apart, and see where everything was. Now the Internet also helps in locating parts and the like."

Basically, Youll approaches his work not only with a view to the customer's immediate need, but also with the average consumer's perspective on vacuuming in mind.

"Vacuuming is usually an afterthought," he said. "People want to get it done, and quickly. (When working on repairs) I try to set the machine up for that use."

He also knows the extra details that are better to take care of right away -- such as putting a new belt on the machine -- so that the equipment will not need to be sent back at a later date.

Store hours are Monday through Friday, 9 a.m. until 5:30 p.m. and Saturday, 9 a.m. until 4 p.m. For more information, call 343-7754.

Photos by Howard Owens.

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.