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Law and Order: Maple Street man accused of threatening people in the woods in Elba with a knife

By Billie Owens

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

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

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

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

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

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

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

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

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

Le Roy couple accused of leaving children alone

By Howard B. Owens
     Amanda  Havens    Thomas Williamee

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

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

The couple is accused of leaving the two children unsupervised.

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

Both children were located alone inside but otherwise unharmed.

The age of the children was not released.

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

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

GCEDC to consider revised assistance for Ellicott Station to help secure state loan

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

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

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

Hochul: Every option being considered for dealing with opioid crisis

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Williamsville man killed after BMW collides with Bethany ambulance on Route 63

By Howard B. Owens

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

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

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

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

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

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

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

(Initial Report)

UPDATED: K-9 'Destro' succumbs to cancer

By Howard B. Owens

K-9 "Destro," who joined the Sheriff's Office in 2013, has died after being diagnosed with cancer recently.

Sheriff William Sheron confirmed Destro's passing this morning. He is planning to release a statement later this morning.

Destro's partner was Deputy Chris Erion.

Since joining the force, Destro has been instrumental in helping police capture bad guysfind lost people, and serving as an ambassador for local law enforcement.

Photo: File photo, Destro and Deputy Chris Erion at the Corfu Winterfest in 2014.

UPDATE -- noon: The following press release is from Genesee County Sheriff William A. Sheron Jr.

Sheriff William A. Sheron Jr. announced the untimely death of K-9 “Destro” following a very short battle with cancer. Destro developed heath concerns earlier this past week and passed away yesterday, Friday Oct. 5, 2018 at the Cornell University Companion Hospital with his handler, Deputy Christopher Erion, by his side.

Destro, an 8-year old German Shepherd, joined the Genesee County Sheriff’s Office in August 2013.

Destro will continue his service in death, as his body will be made available to Cornell University Veterinary Students to learn and study from for a brief period of time. His remains will then be returned to his family home in Byron where he will be laid to final rest alongside two other family dogs.

“Destro was a true asset to all law enforcement agencies across Western New York," Sheriff Sheron said. "He has been instrumental in tracking suspects, missing persons, and locating narcotics, just to name a few skills he brought to the job. He will be truly missed and our sympathies are with his handler, Deputy Christopher Erion and family."

The Genesee County Sheriff’s Office is truly appreciative for the tremendous care and comfort afforded to Destro and Deputy Christopher Erion by the Hilton Veterinary Clinic and the Cornell University Companion Hospital.

Development expert says Batavia needs density, vibrancy downtown to attract young workforce

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Local dairy farmers say industry needs exports, happy to see NAFTA update progress

By Howard B. Owens

The dairy industry needs exports to really thrive, according to an Elba dairy farmer who, like a lot of dairy farmers these days, is happy there is a potential new trade agreement between the United States and its largest agricultural trade partners, Canada and Mexico.

"The name of the game in dairy now is exports," Jeff Post said. "Years ago it was all about national consumption, but if we're going to survive as the dairy industry in this country, we need to export as much product as possible and we have to rely on our government to help us with trade deals."

During the 2016 presidential campaign, Donald Trump knocked the North America Free Trade Agreement (NAFTA) as "a really bad deal" and promised a better deal if elected. For the most part, local farmers think they got that with the new deal with a new acronym, USMCA.

The deal must be ratified by the legislative bodies of all three countries before going into effect.

For dairy farmers in New York, the big hang-up with NAFTA was its lack of provisions for Class 6 and Class 7 milk, also known as ultrafiltered milk, which has become a big part of cheese production. Those classes didn't exist when NAFTA was approved in 1994 and nearly two years ago, Canada blocked imports of those classes.

Once elected, Trump took up the cause of dairy farmers and used the increased difficulty in exporting U.S. dairy products to Canada to push for a new deal and threatened to withdraw from NAFTA.

Craig Yunker, CEO of CY Farms, approves of the new deal but thought the heated rhetoric from the president, such as accusing Canada of cheating the United States,was unneccessary.

"Generally, it's a positive for dairy and for wheat, specifically, but I'm not sure that it's going to completely undo the hard feelings north of the border," Yunker said. "That's going to take some time, but it's going in the right direction. I think it'll take some time to repair the hard feelings."

Le Roy dairy farmer Dale Stein sides a little more with the president on his view that the United States hasn't been treated well by its trading partners, and while he welcomes the new provisions related to dairy, he thinks overall the new deal will help out the country as a whole.

"Our trading partners have been abusing us and that's been a fact," Stein said. "All the previous presidents have allowed it. There are other things in this trade agreement that I think will help with everything and have nothing to do with farming."

In 2017, the United States had a $63.6 billion trade deficit with Mexico on a total of $615.9 billion in trade. While the United States imported more goods than it exported, it still exported $276.2 billion in goods to Mexico, up from $52 billion in 1993. The U.S. Chamber of Commerce estimates that some six million jobs in the United States depend on trade with Canada and Mexico.

Besides agriculture, much of what's new deals with auto production. New provisions require at least 45 percent of an automobile to be built by people earning at least $16 an hour, and that at least 75 percent of the auto's content be made in North America.

Whether these provisions will result in more car production jobs in the United States in unclear, according to economists, but it is likely to make cars more expensive.

Yunker thinks the new deal is much like the old deal with many provisions that had been part of the Trans Pacific Partnership agreement, which Trump scraped as soon as he took office.

"I don't see it as a major accomplishment," Yunker said. "We had NAFTA in place and while it needed some tweaking, this is a big improvement over it throwing Canada out of the deal altogether. Well, I don't see that as a major accomplishment of the Trump Administration. The major accomplishment is that it was negotiated after the rhetoric insulting Canada."

One of the big issues besetting the dairy industry is oversupply and Yunker noted that Cornell ag economist Andy Novakovic doesn't anticipate the new agreement doing much to increase milk prices anytime soon.

"He hasn't really changed his price projects for 2019 based on this," Yunker said. "It is good it opens up the market for ultrafilteration milk; that's a positive. But we still have an oversupply of milk, so I'm not sure that this cures the low price for producers but it's certainly the right direction."

Yunker remains dissapointed that TPP didn't go through.

"A lot of work went into (TPP)," Yunker said. "We lost the initiative to be the lead in Asia trade and then replaced by China taking the lead in that. I'm still disappointed over pulling out of the TPP but I'm a free-trade guy."

Post is less enthused about TPP but believes U.S. dairy farmers need Asian markets and hopes now that the NAFTA makeover is done there's a chance to open up Japan and other Asian nations.

"I look forward to hopefully getting some of these Asian markets opened up, too," Post said. "I wasn't a big fan of the TPP agreement -- only for what it did for ag. Hopefully, he government is negotiating with Japan and negotiationing to South Korea and we're going to get more more access to export to markets there."

Stein is also looking forward to getting past the trade conflicts and open up more export markets.

"We were looking at very high prices this fall or the end of the year until all this (trade conflict) started because of the exports and now we will get the exports back," Stein said. "We should be able to compete against against anybody. We haven't really sold a lot to China to begin with. We've exported dairy to Mexico primarily and a fair amount in Canada. By reopening them up again, hopefully, they will get back trading so we can use up some of our milk supply."

Help deputy find owner of puppy found wounded, starving, unable to walk, covered in feces

By Billie Owens

(Submitted photos) The condition of the abused puppy at the time she was found last night in Stafford.

The public is asked to help law enforcement find the owner of this emaciated puppy found last night on Route 33 and Prole Road Extension in Stafford.

The fawn-and-white colored female weighs only 9.2 pounds. The dog is not able to stand on its own. It was covered in urine and feces. It is severely dehydrated and malnourished.

The puppy was picked up by a Good Samaritan and turned over to the Batavia City PD and the case is now being investigated by the Genesee County Sheriff's Office.

Due to the nature of the wounds present on the puppy, this is being investigated as animal cruelty.

The puppy was immediately examined and treated by a local veterinarian and was being cared for at the Genesee County Animal Shelter with the assistance of the Volunteers for Animals. They have named her "Opal" and she is now in a foster home until she is well enough to be adopted.

If you any ANY information about the owner of this puppy, please contact Sheriff's Deputy Kevin Forsyth at (585) 345-3000, ext. 3233.

Below, "Opal" today, clean and wrapped snuggly in fleece at the vet's office.

BREAKING: P.W. Minor shut down this morning

By Howard B. Owens

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

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

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

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

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

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

We have an email out to Elliotte requesting comment.

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

UPDATE -- Press release:

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

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

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

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

Residential fire reported on Warboys Road, Byron

By Howard B. Owens

A residential fire is reported at 6612 Warboys, Byron.

Byron fire and South Byron fire dispatched.

UPDATE(S) (By Billie) 8 p.m: This is a working house fire. It has gone to a second alarm. The city's Fast Team is called, along with Mercy medics. Flames are showing.

UPDATE 8:08 p.m.: Bethany's tanker is requested to the scene.

UPDATE 8:09 p.m.: A crew from Town of Batavia is asked to stand by in Town of Batavia's Fire Hall.

UPDATE 8:22 p.m.: A crew from Alexander is asked to stand by in Alexander Fire Hall in case needed as a backup for Bethany, which has its tanker deployed at the Warboys fire.

UPDATE 8:26 p.m.: The property is a total loss. The roof is gone; the house is gutted and the garage is completely destroyed.

UPDATE 8:37 p.m.: Elba Fire Police are requested to the intersection of North Byron Road and Route 237.

UPDATE 8:45 p.m.: No one was home when the fire broke out. It was called in by a passerby. No word yet if any pets lived there, and if so, their fate.

'Good police work' leads to quick arrest of gun theft suspect

By Howard B. Owens
       Morgan Coles

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

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

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

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

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

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

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

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

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

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

Coles was jailed without bail.

Genesee County Fair setting pace in state for growth, plans to add two days in 2019

By Howard B. Owens

The recent success of the Genesee County Fair is encouraging organizers to push for even more growth, including adding two days to the fair schedule in 2019.

One more day at the start of the week and one more day at the end would give parents two more weekend days to bring their families to the fairgrounds.

It's worked for Wyoming County, Sue Duyssen (the one speaking in the photo), a member of the Ag Society's Board of Directors, told the Human Services Committee during an annual review of the agencies efforts at Monday's meeting.

"We think that's why Wyoming County has such good attendance, when patrons can come out, spend those extra days together," Duyssen said. "We'll try it and see if it works and if it doesn't we can go back to the old schedule."

The fair is one of the few in the state that has managed to increase revenue over the past couple of years, Duyssen said. This year leaders of Downstate county fairs visited Genesee County to see how the Genesee County Fair was doing it.

The final attendence count for 2018 was 35,000.

So impressed are fair officials from throughout the state with the success of Genesee County that the annual conference of the state's fair managers will be at Batavia Downs this weekend. From 60 to 75 people will attend, staying in local hotels.

It's possible, Duyssen conceded in answering a question from Legislator Shelly Stein, that some of the local fair's success is tied to the end of other annual carnivals in the area, such as Stafford and St. Joe's.

At the same time, the combination of the fair's growth and number of fewer festivals through out the state, has prompted a vendor that is considered among the top ones in the industry to contact the local fair to see about participating in 2019.

Duyssen didn't name the vendor or say what kind of service it provides, but she said it is one that board members have wanted to attract for years.

Off-season activities continue to be an important source of revenue for the fairgrounds, including dog shows, horse shoes and competitions.

A perhaps little known source of revenue is the use of buildings on the fairgrounds as winter storage for RVs, boats, and golf carts. The Ag Society charges $10 per foot plus a set-up fee of $100 if you bring our vehicle or craft to the storage within a specific four-day window. The fee is $200 if you want an appointment outside of those four days.

That's a bargain, Duyssen said, over what storage facilities in Buffalo charge.

Stein also asked if there was a chance of making the fair parade a "real parade" again by running it on Route 5. Duyssen said Assemblyman Steve Hawley has said he will work with the fair board to make that happen.

The Stumblin' Inn celebrated and mourned at benefit for Jim and Stork

By Howard B. Owens

"Don't it always seem to go, that you don't know what you've got 'til it's gone," Joni Mitchell told us in "Big Yellow Taxi."

The Stumblin' Inn is gone and Sunday, for seven hours, bands, fans, friends, and family gathered in Elba to celebrate a bar that was more than a watering hole, it became a community icon and second home for nearly every local musician.

"We didn't have a clue until the day of the fire," said Jim Goff, manager of the Stumblin'. "The day of the fire it's like we started to realize, with all the stories and people crying that we meant a lot to these people. We never thought about it or knew and then the day of the fire and then ever since then it's just been love."

The event at the Elba Fire Hall, with a tent and stage behind the fire hall and another stage in side, was a fundraiser for Jim and his brother Stork Goff, owner of the Stumblin' Inn. The funds will help them defray clean-up costs of the building site and any extra will help with any of their personal expenses.

The most recent count available from event organizers was $21,000 raised but that was an hour before the event ended.

"The support is unbelievable," Jim Goff said. "The love. It's a love fest. You know, it's awesome, the talking all day, hugging, kissing. It's been a really enjoyable day and hopefully we gave the folks some good music."

Savage Cabbage was there, a band that played the Stumblin' dozens and dozens of times over the past 20 years.

"There are people here I haven't seen in 20 years, some of the ones from the earlier days of the band," said Savage Cabbage member Frank Starowitz. "To see this kind of turnout today, you know, the sadness of losing the Stumblin', it's heartfelt. It almost brings a tear to your eye just seeing the melted the sign and the paint from the bathroom wall with the guys and all the stuff, the memories, and the times, it's like, you know, it's so sad it hurts. But, you know, we all come together for beers to support Jim and Stork."

The first hotel built at what became 1 S. Main St., Elba, was erected in 1815. It burned down in 1874. The next hotel opened its doors in 1875. It was known over the years as the Elba Hotel or Swartz Hotel. Steve Goff purchased the building in 1979 from the Zambito family and opened the Stumblin' Inn.

Jim ran the bar and as a music fan, he soon established what amounted to an open-door policy for bands and musicians to play in the bar, making the Stumblin' a haven for local muscians.

The Stumblin' Inn was destroyed by fire July 8.

The bar was also a community gathering place. Many people had their first beer there, including Starowitz.

"That was when I first turned 18 I started drinking at the Stumblin'," Starowitz said. "I'll be 55 tomorrow. So many years of good times drinking and having fun at the Stumblin' Inn."

Frank Zambito pretty much grew up in the Stumblin' Inn. His father was one of the owners. He and his wife gave framed prints of a picture by local artist Pat Burr of the 19th century version of the Swartz Hotel.

"I used to walk home from school with my cousin Chuckie Ajello," Zambito said. "We always stopped and walked in and my father would give us a grape pop and send us on our way. There's a lot of good memories. There's the time the Rochester Royals were there -- the basketball team in Rochester -- I remember going to see them. My father was friends with the owner."

Music was a big part of life at the Elba Hotel when the Zambitos owned it, Frank said, just as it was with the Goffs, but it was also always a place to meet up with friends.

"It was always a landmark," Zambito said. "You would always go by and look to see if you recognized any cars and if you recognized a car you might stop and have a drink with them. On Sunday mornings, we used to have  a fantasy football league. We'd always stop and then submit our teams. It was always a social place people could go and have a good time."

Zambito wasn't surprised by the turnout at the fundraiser. So many people had so many memories of the great old place, and such fondness for the Goffs, that of course they would show up.

"You know, they just want to be a part of it again," Zambito said. "I'm just sad that the place is gone but I'm glad that no one got hurt. And, Jim and Stork, they'll be all right. Everybody will be alright. It'll be worked out that way."

Top photo: Jim Goff with his daughter Jess Kertman and his granddaughter, Cali, age 5.

Peggy Zambito, Jim Goff, Frank Zambito.

Darien man accused of sexting girls at a school in Niagara County

By Howard B. Owens

A 29-year-old Darien Center man, Alexander Seegar, has been arrested by federal authorities and charged with receipt and possession of child pornography.

According to a press release from the office of U.S. Attorney James P. Kennedy, Seegar posed as a 16- or 17-year-old boy and sexted 10- to 12-year-old female students in a school in Niagara County. The defendant used the Instagram profile “davidlissachi” to communicate with the girls and ask them for sexually explicit photos.

The complaint also states that Seegar was found in possession of numerous photos containing child pornography.

The charge carries a minimum penalty of five years in prison and a maximum of 20 years and a $250,000 fine.

Seegar appeared in Federal Court before U.S. Magistrate Michael J. Roemer today to answer the charges and enter a not guilty plea.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in Charge Gary Loeffert, and the Lewiston Police Department, under the direction of Chief Frank Previte.

Law and order: Troopers arrest four people during Darien sobriety checkpoint detail

By Billie Owens

New York State Police based out of Troop A, Zone I, conducted a Sobriety Checkpoint in the Town of Darien as well as a dedicated DWI patrol in Genesee County, Friday night Sept. 28, into Saturday morning, Sept. 29. Two people were arrested for DWI during the detail and are to appear in the Town of Darien court at a later date: Sarah E. Convis, 32, of New Woodstock; and Pamela S. Bradshaw, 46, of Pennsylvania. In addition, Daryl L. Ford, 31, of Niagara Falls, was arrested for fifth-degree criminal possession of marijuana after being stopped for traffic infraction. He was also charged with second-degree aggravated unlicensed operation. He was issued an appearance ticket to return at a later date. Also, Jerard L. Cramer, 31, of Buffalo, was arrested for: felony first-degree aggravated unlicensed operation; unlawful possession of marijuana; driving without required ignition interlock device, and numerous other vehicle and traffic infractions. He was arraigned and released to appear in court at another date.

Melody J. McMaster, 47, of Washington Avenue, Batavia, is charged with trespass. At 10:15 a.m. on Sept. 23, McMaster was arrested on Harvester Avenue in the City of Batavia. She had previously been advised not to be on the property by police prior to this incident. She is due in Batavia City Court on Oct. 2. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Darryle Streeter.

Rachel Britanny Soloman, 26, of North Lake Road, Pembroke, is charged with: criminal contempt in the second degree; endangering the welfare of a child; obstruction of governmental administration in the second degree; and resisting arrest. Solomon was arrested as a result of an investigation into a reported violation of a court order. It is alleged that she violated an order of protection by being at the residence of the protected party on Meadville Road on the Tonawanda Indian Reservation at 11:15 a.m. on Sept. 29. She allegedly became uncooperative during the investigation and her actions place a child in danger. She was arrested, arraigned in Town of Alabama Court and jailed in lieu of $10,000 cash bail. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Jeremy McClellan.

Michael L. Jennings, 54, of Jackson Street, Batavia, is charged with owning an unlicensed dog. He was arrested at 6:41 p.m. on Sept. 21 and issued an appearance ticket. He is due in Batavia City Court on Oct. 9. The case was handled by Batavia Police Officer Catherine Mucha.

Marc C. Cook, 28, of Church Street, Basom, is charged with failure to appear. He was arrested and arraigned on Sept. 29 in Batavia City Court on two arrest warrants for failure to appear in city court. He was jailed in lieu of $1,000 cash bail or bond. He was due in city court today (Oct. 1). The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Marc Lawrence.

Jaequele M. Tomlin, 23, of Main Street, Le Roy, and Darazian W. Williams, 25, of Hutchins Street, Batavia, are both charged with unlawful possession of marijuana. Tomlin and Williams were arrested for allegedly possessing marijuana during an investigation following a traffic stop. This occurred at 6:18 p.m. on Sept. 28 on Ellicott Street in Batavia. The defendants are due in city court on Oct. 9 to answer the charge. The cases were handled by Batavia Police Officer Catherine Mucha, assisted by Sgt. Dan Coffey.

Public asked to help identify man suspected of trying to steal Tide Pods from Tops

By Billie Owens

Press release:

On Sunday, Sept. 30, at about 4 p.m., a shop lifting took place at Tops supermarket. The suspect attempted to steal 12 cases of Tide Pods. The suspect was confronted by staff, and then fled the scene on foot.

It was believed the suspect may have fled to the Tonawanda Creek bank. Genesee County Sheriff Deputy Erion and K9 Destro were requested to assist in the search. The search was unsuccessful. Attached is the best picture available at this time.

The City of Batavia is asking for the community’s help in identifying the suspect. If anyone has information please contact Officer Lawrence at (585) 345-6350.

(Initial Post)

Manhunt underway off South Main Street for shoplifting suspect

By Billie Owens

A manhunt is underway in the city for a would-be shoplifter who fled Tops Friendly Market within the last half hour, abandoning a cart with items he allegedly intended to steal.

Customers followed him and city police joined the pursuit, which had been by South Lyons Street and wound up in the vicinity of the old sewer plant off South Main Street. 

State troopers and Sheriff's Deputy Chris Erion and canine Destro (in photo above) are also searching the area. 

The only description of the suspect at this point is that he's a white male wearing a black plaid shirt and possibly eyeglasses.

UPDATE 4:52 p.m.: The suspect is described as being in his mid-40s, balding, and also wearing jeans and white sneakers.

UPDATE 5:20 p.m.: The manhunt continues with Destro and his handler, Deputy Erion, focusing on the north side of the Tonawanda Creek.

UPDATE 6:06 p.m.: The manhunts continues, with a BOLO that's updated to say the suspect has on a red hoodie over a long-sleeved shirt, dark pants, and "bright shoes."

Law and Order: Hutchins Place woman suspected of illegal dumping on State Street

By Billie Owens

Christine M. Jones, 31, of Hutchins Place, Batavia, is charged with illegally disposing of items (unspecified) at 9:45 a.m. on Sept. 26 on State Street. She was arrested and given an appearance ticket for illegal dumping. She is due in City Court on Oct. 4. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Frank Klimjack.

Jeremy J. Alwardt, 29, of Church Street, Le Roy, is charged with second-degree criminal trespass and second-degree harassment. He was arrested at 7:50 p.m. on Sept. 26 after a disturbance during which he allegedly forced entrance into an individual's porch and struck the person. He  was arraigned and jailed in lieu of unspecified bail and was due in Batavia City Court on Thursday. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Adam A. Alwardt, 30, of Willow Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested at 7:06 p.m. on Sept. 24 on Willow Street in Batavia after a domestic incident wherein he allegedly damaged property belonging to another person. He was arraigned and jailed on $1,500 cash or bond and was due to return to City Court on Tuesday. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

A male who lives on Chick Road in Darien, no other information provided, was arrested at 8:20 p.m. on Sept. 26 on Chick Road following a domestic incident. The household member is charged with third-degree menacing and second-degree harassment. He is scheduled to appear in Darien Town Court on Oct. 23 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Erik Andre.

Megan Elizabeth King, 24, of Fisher Road, Alabama, is charged with driving with a BAC of .08 percent or more and DWI -- first offense. She was arrrested at 9:39 p.m. on Sept. 26 on Main Road in Pembroke following an investigation into a motor-vehicle accident that occured on Route 5 in the Town of Pembroke on July 26. It is alleged that King was operating the vehicle with a BAC greater than .08 percent. She was issued an appearance ticket for Pembroke Town Court and is due there on Oct. 4. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Chad Minuto.

Kevin J. Fickel, 37, of State Street, Batavia, is charged with petit larceny. He was arrested at 7:15 p.m. on Sept. 23 at Tops market after he allegedly exited the store without paying for several items. He is due in City Court on Oct. 2. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Jamie Givens.

14 guns stolen from Firing Pin in Bergen Thursday night after break-in

By Billie Owens

A total of 14 firearms were taken from the Firing Pin shooting range in Bergen shortly before 11 o'clock last night, according to an incident report issued this morning by Deputy Ryan DeLong of the Genesee County Sheriff's Office.

The building at 8240 Buffalo Road was forcibly entered. All the stolen weapons -- including firearms, rifles and shotguns -- have been entered into the state and national databases, and local, state and federal law enforcement agenices have been notified.

The offenses commited at the Firing Pin include: third-degree burglary -- illegal entry with intent to commit a crime; grand larceny in the fourth degree; and grand larceny in the third degree -- property value exceeding $3,000.

There are no similar crimes reported in Genesee County.

Sheriff's Investigator James Diehl is designated to lead the case and anyone with information is asked to call him at (585) 345-3000, ext. 3571.

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