notify

Laura Del Carmen Vazquez Coronado, 38, of North Byron Road, Elba, is charged with DWI, unsafe backing, moving from lane unsafely, driving on the shoulder. Vazquez Coronado was charged following a motor-vehicle accident reported at 7:06 a.m. Thursday on North Byron Road, Elba. The accident was investigated by Deputy James Stack.

Devon Robert Peters, 23, of Franklin Street, Batavia, is charged with unlawful possession of marijuana, driving a vehicle without an inspection sticker, and failure to notify DMV of an address change. Peters was stopped at 9:26 a.m. Sunday on Route 33, Bergen, by Deputy Kyle Krzemien.

Joseph Earnest Marr, 39, of Nesbitt Road, Attica, and Jenna L. Josephite, 29, of Main Street Road, Batavia, are charged with endangering the welfare of a child. Marr and Josephite are accused of using cocaine while in the presence of a 1-year-old child before driving the child from Attica to Batavia while under the influence of drugs.

Douglas Brian Uberty, 45, of North Main Street, Warsaw, is charged with unlawful surveillance, 2nd. Uberty is accused of using a mobile phone to take pictures under the clothes of a person while at Walmart.

A garage fire is reported at 17 Porter Ave. City fire is responding. The location is between West Main Street and Washington Avenue.

UPDATE 6:23 p.m.: Fire is out. Mercy medics responding to a victim with burns on his arm(s).

UPDATE 7 p.m.: According to Lt. Greg Ireland, City fire, a small box was on fire in the garage and the resident had it 95 percent out when firefighters arrived. A fire investigation team from City fire is investigating the cause of the fire. The resident was transported to UMMC for treatment.

In determining how to sentence 17-year-old Isaac Abrams of Basom, Judge Charles Zambito said there conflicting viewpoints to consider.

As a 17-year-old, in a couple of years under recent reforms in New York criminal law, Abrams would perhaps be considered a juvenile and wouldn't even appear in County Court and would be presumed to be not responsible for his actions. 

However, Abrams admitted to serious offenses that could have led to the loss of life and in just five short months has established a pattern of repeated offenses and disregard for authority.

Zambito said he's concerned about the direction Abrams seems to have chosen for his life recently.

In December, Abrams entered guilty pleas to making a terrorist threat, a Class D felony, and reckless endangerment in the first degree, also a Class D felony. The charges stem from incidents where he threatened to kill Sheriff's deputies during a confrontation on the Tonawanda Indian Reservation and appeared to try and run over pedestrians at a fast food restaurant in Batavia.

"I understand you have a child and that is important to you," Zambito said. "But if you continue on this path, you won't see your child again, if you even survive."

Zambito sentenced Abrams to one-and-a-third to four years in prison followed by parole until he's 21.

Abrams was granted youthful offender status, which will expunge his record once he's an adult if he stays out trouble. 

He said the sentence, he felt, balanced protecting the community, serving justice, and won't prevent Abrams from living life as a productive member of society once he's out of the criminal justice system.

First Assistant District Attorney Melissa Cianfrini argued against granting Abrams Y.O. status. She said he has engaged in increasingly violent acts, shown a disregard for authority and human life, and violated his release under supervision contract numerous times.

"He's a high risk to the community," Cianfrini said. "Look at his statements. He seriously minimizes his conduct. He said that he gave people something to talk about at dinner. This is not somebody expressing remorse."

Defense Attorney Vanessa Guite suggested that Zambito take into account his age and the fact that before this rash of incidents started, he had no criminal charges in his life.

"To a certain degree his actions are the result of immaturity and the role alcohol played in his conduct," Guite said. "His criminal history started only five months ago. There are many people with worse histories walking the streets right now."

She said from her viewpoint, the prosecution was trying to make Abrams out as the worst criminal in history, which she said she understood was the prosecution's job, and she suggested that Cianfrini overstated the weight Zambito should give to the RUS violations.

"Their recommendation is for substantial prison time for what amounts to using marijuana and staying out late," Guite said.

After Guite's remarks to Zambito, Abrams had his turn to make a statement on his behalf. After a whispered exchange with his attorney, Abrams said, "I'm sorry for my actions."

An Erie County construction worker will spend weekends in the Genesee County Jail for the next four months, starting tonight, for defrauding a Batavia resident on a contracting job.

Matthew B. Hardesty, 24, of Blasdell, was originally charged with fourth-degree grand larceny. He was allowed to plead guilty to a misdemeanor charge after paying restitution to the victim, who hired him to construct a fence at his residence on Narramore Drive.

According to court proceedings this morning, Hardesty is facing a similar complaint in Buffalo.

Before sentencing, Hardesty apologized for his actions and said it was the result of being a young and inexperienced businessman; that he had taken on a contract that was too big and had a payout too far in advance, and rather than notify customers of his difficulties, he didn't respond to their complaints.

After becoming embroiled in financial difficulties, Hardesty gave up his contracting business and went to work for another construction contractor.

District Attorney Lawrence Friedman rarely responds to the statements defendants make at their sentencing, but this morning he stood up and said he was going to make a rare response.

"He's a scam artist," Friedman said. "He's trying to con the court now."  

Friedman said Hardesty already got a substantial break on his potential sentence by being allowed to plead guilty to a misdemeanor and didn't deserve any further consideration because he was clearly trying to scam people.

Judge Charles Zambito agreed. He said considering the length that his victim had to go to in order to get his money back indicates Hardesty was trying to evade paying back the money. It was only after he was facing potential jail time that he made restitution.

"The message needs to be clear to the public that you can't do this kind of thing here," Zambito said. "When you start a business, you take on a responsibility. You take on a burden. You can't take people's hard-earned money and just walk away with it."

Leah R. Wimmer is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Sept. 17 at the Rite Aid store on Prospect Avenue in the Village of Attica, Genesee County, that she knowingly possessed stolen property -- a Visa debit card belonging to another person. In count two, she is accused of second-degree forgery, a Class D felony. It is alleged in count two that Wimmer falsely signed two debit/credit card receipts in the name of the victim, one for $186.95 and another for $105.95.

Beau T. Bressler is indicted for the crime of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a Class D felony. It is alleged that on Oct. 29 in the Town of Le Roy that Bressler drove a 2006 Pontiac on West Main Street (Route 5) while his ability to do so was impaired by the combined influence of drugs or  of alcohol and any drug or drugs. In count two, the defendant is accused of circumvention of an interlock device, a Class A misdemeanor. It is alleged in count two that on Oct. 29, while subject to a court-ordered ignition interlock device, Bressler drove the Pontiac, which was not equipped with an ignition interlock device. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while knowing or having reason to know that his driving privilege was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count three that Bressler was operating the vehicle while under the influence of alcohol or a drug at the time.

Alexander volunteer firefighters along with the hazmat team for Genesee County Emergency Services and with the county's emergency management coordinators responded to a train derailment in the Town of Attica today.

The accident was in the area of Route 238 and reported at 4:05 p.m.

Emergency Management Coordinator Tim Yaeger said the accident was in a pretty inaccessible location in Wyoming County and because of that, an engine fire was being allowed to burn itself out. There was no hazmat concern other than the diesel fuel of the engine. The hazmat team set up booms to contain any potential fuel.

As a precaution, the City of Batavia was contacted to temporarily close the water intake from the Tonawanda Creek.

Eleven cars derailed along with two engines from the Norfolk Southern line.

Two crew members self-extricated and were transported to an area hospital. They suffered non-life-threatening injuries, Yaeger said.

Town of Batavia fire responded to Alexander's hall as a fill-in.

UPDATE 8:14 p.m. (By Billie): All Genesee County responders are clearing the scene. Federal, state and local officials involved at the scene will remain for now. Heavy equipment will be forthcoming to remove some train cars so that Route 238 and Main Road in Attica can be reopened. Train crossing sites should be reopened by 10 o'clock tonight. The diesel fuel is allowed to continue to burn.

UPDATE: Press release from the Wyoming County Sheriff's Office:

On Feb. 15,  at 4:03 p.m. hours, the Communications Division at the Wyoming County Sheriff’s Office received a 9-1-1 call of a train derailment near the East Main Road intersection in the Town of Attica.

The Attica Fire Department responded to the scene. Attica Fire Chief Jay Myers reports, “two engines and approximately 10 railroad cars derailed of the Norfolk Southern Railroad. The railroad cars were carrying new cars as cargo.” 

Chief Myers also stated there were two railroad personnel on the engine who were injured. They were taken to Erie County Medical Center. 

“The lead engine is on fire and in coordination with the Norfolk Southern, the engine will remain burning, primarily due to the difficult location of the derailment,” Myers said. 

Wyoming County Emergency Services Director Anthony Santoro is on scene, coordinating efforts from the federal, state, local and railroad resources.

Wyoming County Sheriff Gregory Rudolph says “an initial investigation was conducted and we are turning over our investigation to the Norfolk South Railroad Police and the Federal Railroad Administration and a cause has not yet been determined.” 

Director Santoro says, “the mutual-aid resources that responded and assisted were the: Alexander Fire Department, Varysburg Fire Department, Bennington Fire Department, Wyoming County Emergency Services and Hazmat Team, Genesee County Emergency Services and Hazmat Team, the New York State Police, the Attica Fire Department and Wyoming Correctional Facility.” 

Norfolk Southern personnel are on scene and making efforts to clear the Route 238 and East Main Road intersections with an estimated time of 10 p.m. The long-term cleanup of the damaged engines and railcars will be days.

Photos: Reader submitted photos.

Last summer's concert series is one of many reasons Batavia Downs has been able to grow revenue and remain competitive in a saturated gaming market, said Henry Wojtaszek, president of Western OTB, and Mike Nolan, CEO, today at a press conference announcing an eight-show lineup for this season.

"We offer a lot of different things," Nolan said. "We have our own little niche here."

Wojtaszek said the key is offering options for customers and when you get them in the door, treating them right.

"That includes entertainment, it includes better food, it includes a cigar lounge, and frankly, just provide the best customer service," Wojtaszek said. "We like to think that’s why we’re growing. That’s what we like to concentrate on. Our focus is on providing excellent customer service."

The eight shows announced for this summer:

• Eddie Money, June 22
• Grand Funk Railroad, June 29
• Blue Oyster Cult, July 6
• Rik Emmett of the Band Triumph along with Carl Dixon of Coney Hatch, July 13
• Rumours, a Fleetwood Mac Tribute, July 20th
• Puddle of Mudd, July 27
• Three Dog Night, Aug. 3
• Lee Ann Womack, Aug. 10.

Wojtaszek said the concert series went so well last year that Batavia Downs would like to add more shows, but one step at a time.

He also said Batavia Downs will be working with the City and the Town to accommodate larger crowds. Last year, attendance was about 4,000 and this year the casino would like to attract 5,000 to 6,000 fans to the shows.

The concentration on classic rock and country is a conscious effort to bring in shows more appealing to older music fans, Wojtaszek said.

"They are the patrons coming into Batavia Downs and we wanted to provide them with the entertainment they’re looking for at a reasonable cost," Wojtaszek said.

Tickets for the shows will be $10 each.

Batavia Downs is hosting several other events this year sure to bring people from throughout the region to Genesee County.

There will be professional wrestling Feb. 24, a Whiskyfest in June, a Mixed Martial Arts event during the summer, plus Batavia Downs is in the midst of a $4 million capital improvement project that includes opening a cigar lounge, expanding 34 Rush sports bar, Fortune's Restaurant, and the conference center.

"There’s a lot of demand to have things here and it’s amazing to see the response we get to the events we do have," Wojtaszek said. "It’s a perfect location, right between Buffalo and Rochester and we're even getting people here from as far as Syracuse."

Thomas Jacob Wolcott, 33, no permanent address, Batavia, is charged with unauthorized use of a vehicle, 3rd, unlicensed operation of a motor vehicle, and aggravated unlicensed operation, 2nd. Wolcott is accused of taking and driving another person's vehicle without permission. Wolcott was also taken into custody on warrants from the State Police, Rochester PD, Ogden PD, and Gates PD. He was jailed on $1,500 bail.

Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, was arrested on a warrant for alleged failure to appear. Freeman was jailed on an unspecified amount of bail.

Julia B. Wescott, 35, of South Main Street, Batavia, is charged with unlawful possession of marijuana. Wescott was stopped at 12:10 a.m. Saturday on East Main Street, Batavia, by Officer Peter Flanagan.

Nicole K. Casey, 30, of West Main Street, Batavia, is charged with petit larceny. Casey is accused of shoplifting from Tops at 3:57 p.m., Feb. 7.

Tonya M. Ficarella, 31, Lovers Lane Road, Batavia, is charged with petit larceny. Ficarella is accused of shoplifting from Tops at 11:50 a.m., Feb. 7.

Stephanie G. Pelkey, 23, of Masse Place, Batavia, is charged with endangering the welfare of a child, resisting arrest, reckless endangerment of property, and unlawful imprisonment, 2nd. Pelkey is accused of restricting the movement of another person inside a residence, throwing property outside of the residence, and resisting arrest in the presence of a child. Pelkey was ordered held on $1,500 bail.

Aaron M. Mucher, 30, of Lewiston Road, Batavia, is charged with harassment, 2nd. Mucher is accused of making verbal threats against an employee at a local government office.

Joshua G. Bachorski, 35, of South Spruce Street, Batavia, is charged with criminal possession of stolen property, 5th. Bachorski was arrested on a warrant. He is accused of taking stolen property to Pawn King in Batavia. He was arraigned and ordered held on bail.

The Batavia City Council is poised to pass a budget with few changes from the one proposed by former City Manager Jason Molino a month ago, one with a 3-percent tax rate decrease for local property owners.

The sale of the County Nursing Home, putting that property back on the tax roles, along with several years of conservative budgeting practices by Molino, have helped the city hold the line on spending.

"I think it's trim," said Council President Eugene Jankowski following the council's second budget workshop last night. "I think it's well laid out and it does show a 3-percent decrease, thankfully, because the nursing home is on the tax rolls now. We haven't jumped forward because we have that nursing home. We haven't suddenly gone off on wild spending. We've kept it as trim as we can keep it."

The current city property tax rate is $9.27 per thousand. The proposed tax rate is $8.99. The $120,000 the nursing home as private property this fiscal year will add $120,000 to the tax roll. About half of the tax rate decrease, 13 cents, can be attributed to the nursing home property passing into private ownership.

Molino's budget process, which won the city awards, has allowed Batavia to build healthy reserves and establish a sound financial base for the city.

The biggest dilemma facing Interim City Manager Matt Worth is how to come up with $4,500 to improve the softball and baseball fields in the city's parks.

Michael Jamil, who has spearheaded the return of slow-pitch softball leagues to Kibbe Park, came to the council last week and asked for improvements to the playing field. Council members responded favorably to the request and have instructed Worth to figure out how to purchase new baseball soil, the necessary equipment and provide the manpower to get the job done.

At last night's meeting, Worth said he thinks there is enough money left over from 2017 to cover the costs without revising the 2018 proposed budget.

Councilwoman Kathy Briggs suggested using funds left over from Vibrant Batavia, but that would actually require adjusting the 2018 budget.

"If there’s surplus money in a reserve account, it would be easier to use that money this year to start ordering that stuff than to take it out of the 2018 budget," Jankowski said.

The talk of parks sparked Councilwoman Rosemary Christian to pitch one of her perennial requests: A spray park on the Southside.

"We need some stuff on the Southside," Christian said.

"I understand that," Jankowski responded, "and the ball field is a start."

"What does that have to do with little kids having a spray park?" Christian shot back.

"From the people I talked to, they're not really happy about taking on more debt to create another park and pay a water bill," Jankowski said.

He argued that the spray park in Austin Park serves all of the city's needs and it wasn't difficult to reach for people living on the Southside.

"It’s more than just a drive down the road if you’re a single mom and it’s 85 degrees," Councilwoman Patti Pacino said.

Jankowski said that building the spray park in Austin Park 14 or 15 years ago was one of the reasons the city wound up more than $3 million in debt a decade ago. He said he doesn't think people want to see the city go down that path again.

"I don't see support for a spray park," Jankowski said. "I just don't see it."

Christian said that's because he only talks to people their age.

Councilman Adam Tabelski suggested that the discussion of a water park should be reserved for work on a new parks master plan. The council quickly seemed to adopt that consensus.

Councilman John Canale then asked Christian if she was going to, again, have any last minute amendments or objections to any raises in the budget.

Christian said her only concern is that she thinks city police officers don't make enough money.

"I really don’t think they get enough money," Christian said. "I figure their lives are in danger every day they leave. Our fire department, OK. I don’t have a problem with it this year. I have a problem with management in this beautiful comfortable building while these guys (motioning to Police Chief Shawn Heubusch and Fire Chief Stefano Napolitano) here have to go out and freeze their asses off.

"They don’t know what is going to happen behind that door. They don't know what is happening down the road. They don’t know if they’re going to get shot, nothing, and I really don’t think they get enough money."

Canale pointed out that is really an issue for the collective bargaining process.

Jankowski said the feedback he's getting is city police officers are more concerned about the state of their deteriorating police station than they are about their pay.

"The main thing these guys want is a building," Jankowski said. "They’re not saying, 'I’m underpaid.' They’re saying 'we’re in a (horrible building) and this is a tool.' The building is their tool to do their jobs."

Christian said she is fine with the police getting a new headquarters.

Asked if she was going to vote for the budget, Christian, often a nay vote on budgets, said, "maybe."

"I've got my sidewalks," she said. "I’ve got my two roads to be resurfaced this year. I expect four next year."

The budget session included a report from Napolitano on his budget request, which represents an 11-percent decrease in spending.

The primary reason for the decrease, Napolitano said, is that the fire department is once again fully staffed and all members have completed training. That greatly reduces the amount of overtime paid out.

Council members took a keen interest in his request for a new leaf blower as part of the small-equipment budget request.

"The leaf blower is one small piece of safety equipment that has multiple functions at the fire station," Napolitano said. "What we do is we keep the apparatus floor clean, rather than using water in the wintertime to clean the apparatus floor. This helps really remove the fine-grained sand that comes in. You can broom the fire station floor down all you want but you can't really eliminate all the sand and debris (without a blower)."

The other key feature of the $3.6 million fire department budget is a request for five to seven new sets of turnout gear.

"We're on a replacement program for turnout gear," Napolitano said. "I'm looking to purchase between five and seven a year. Turnout gear has10-year NFPA scheduled life and rather than to purchase 36 sets all at one time at $3,000 dollars a set, I'm looking to stagger five to seven sets every year so this really isn't a large expense for the city."

As for the budget, the proposed tax rate will be the lowest its been since 2006, supporting a total expenditure of $24.3 million. That's a total spending increase of 1.9 percent, keeping the tax levy below that tax cap requirements.

The council will hold a public hearing on the proposed budget Feb. 26.

Meanwhile, the council continues to move ahead on the process of replacing Molino. Jankowski said eight or nine search firms have expressed interest in helping the council find a replacement. A committee is reviewing those applications and within the next week will interview what they consider the best two or three options. Jankowski said the goal is to have a recommendation for a search firm -- which will cost the city about $20,000 -- by the council meeting on Feb. 26.

       Linda Feeley

Linda C. Feeley, 59, of Hulberton Road, Holley, is charged with third-degree grand larceny, first-degree identify theft, two counts of first-degree forgery, four counts of second-degree forgery, two counts of fourth-degree conspiracy, and four counts of fifth-degree conspiracy. Feeley is accused of participating in a fraudulent purchase of a vehicle at 4300 Veterans Memorial Drive, Batavia, March 28. Feeley, along with her boyfriend David Gurgir and with Eric Holliday, a car salesman, allegedly conspired to complete paperwork to facilitate the transfer of a vehicle under a forged identity, namely, Feeley's mother. Gurgir and Holliday were previously arrested as a result of the investigation by Investigator Christopher Parker and Detective John Condidorio. UPDATE: We've clarified the charges against Holliday. He is charged with four counts of conspiracy 5th and two felony counts of conspiracy 4th. Gurgir is charged with is charged with two counts of conspiracy, 4th, and four counts of conspiracy, 5th. The alleged conspiracy began at a local car dealership. Investigators say the final transaction took place in the parking lot of a department store.

Jay Markle, 60, of Batavia, is charged with DWI, and Darlene Martaus, 58, of Batavia is charged with DWI. Markle was stopped at 10:30 p.m. Tuesday for allegedly speeding on Route 33 in Bergen by State Police. He reportedly failed a field sobriety test. He was processed at the Batavia barracks where he was allegedly found to have a BAC of .12 percent. Maurtaus arrived at the barracks at 12:33 a.m. Wednesday to pick up Markle and a trooper detected the odor of alcohol. Martaus allegedly failed a field sobriety test. She was also charged with aggravated unlicensed operation; 1st, driving without an interlock device, and other vehicle and traffic violations. Her BAC was allegedly .12 percent. She was arraigned and jailed.

Brandon C. Morgan, 24, of Pittsford, Samantha R. Smallidge, 23, of Rochester, and Kyle Z. Morgan, 21, of Rochester, are charged with criminal possession of marijuana, more than 16 ounces. Morgan, Smallidge, and Morgan were arrested by State Police at 9:38 p.m. Tuesday in the Town of Stafford. No further details released.

Thomas J. Wolcott, 33, of Batavia, and Ashlee E. Corter, 32, of Kent, are charged with petit larceny. Wolcott and Corter are accused of shoplifting in the Village of Oakfield at 2:10 p.m. on Nov. 7. They were arrested by State Police on Tuesday. No further details released.

Under new ownership, Batavia's oldest company is going to get lean.

That doesn't mean layoffs at P.W. Minor. Far from it. It means implementing a process of production that eliminates waste and increases productivity.

"Lean manufacturing is nothing fancy at all, but it is a set of fundamentals that if you follow them you know your production will go way up," said Hundley Elliotte, the new CEO of P.W. Minor. "It has been proven time and time again. It's not the solution to all problems but when you're in a challenging manufacturing environment and you have price pressures and cost pressures and all those kinds of things, lean is a very good way to root out waste and boost productivity."

Elliotte is a partner with Tidewater + Associates, the investment company that acquired P.W. Minor from Pete Zeliff earlier this month. Zeliff and then-partner Andrew Young saved P.W. Minor from certain closure in 2014. More than 100 jobs that were outsourced to China were returned to Batavia as a result and Zeliff instituted a program of equipment upgrades to the plant, including increasing automation.

Tidewater's acquisition of the company, Elliotte said, is just the next step in a process of growing the company, Elliotte said during an interview with The Batavian this morning.

There's no plan to cut the workforce, move the production out of Batavia, or do anything other than grow, Elliotte said.

"We felt like there was something powerful here in the fact that this company has been here for so long," Elliotte said. "I think you bring bad luck and find yourself in a bad spot when you break up something like that. It's almost like firing a legacy coach. You know when you watch it happen, whether it's Bobby Knight or Bear Bryant, or whomever, when they leave it's always a void. You know it's hard to pick up the momentum again."

The reception to the transition, which took place at the beginning of the month, seems to have been positive among employees, Elliotte said.

"We felt like the response was very positive and I think everyone knows this has been a journey and there's still some journey left," Elliotte said. "There's still choppy waters out there. We have to work hard. We have to get better. We hope to get better every day but I think I think everyone's bought into that.

It's only been a week since the lean manufacturing process was introduced and it hasn't spread yet throughout the entire organization but already there are charts on boards that provide employees with metrics to measure their performance.

Employees are also being trained on processes that will boost productivity.

An example shared by Elliotte was establishing a process for getting a machine ready for production before the next shift so when the shift starts, production can ramp up quickly.

"It's just about getting that discipline of how we operate and making clear who has responsibility for what and making sure that it's done, so that when the machine is supposed to be running you know it's running," Elliotte said.

The process of tracking and measurement helps motivate employees to meet goals, he said.

"Everybody wants to do a good job," he said.

To help keep these jobs in the United States, Empire State Development provided P.W. Minor with an incentive package and the Local Gateway Development Corp. provided the company with a loan. Zeliff said as part of the acquisition deal he is personally paying off the loan.

Tidewater was attracted to P.W. Minor as an acquisition target because it already fits the profile of the kind of companies the investors like in their portfolio -- sustainability and promoting U.S.-based jobs.

The welt constructed by Goodyear Tire & Rubber Company for P.W. Minor boots, for example, means they will last a long time. That's good for the environment, Elliotte said.

He would like to see the Batavia plant eventually become sustainability certified. It's what consumer surveys and buying preferences say a large portion of the market wants, Elliotte said, and financially there is little reason for a company like P.W. Minor not to pursue that course.

"I'm not necessarily a big environmentalist but we all care about the planet," Elliotte said. "There are other things we can do. You know course A is better than course B and you know each of them has the same kind of financial outcome; course A is much more sustainable so do that.

"It's something that people care about," Elliotte said. "It's not that it has to overwhelm the business, but if you can run the business that way, every day make yourself more environmentally sustainable, that's a good thing, right?"

He said Tidewater is also committed to creating and sustaining U.S.-based jobs.

"There's no reason for P.W. Minor to go away and just to make all those boots in China," Elliotte said. "I understand that it makes sense in certain situations where you have you know a lower price point shoes or things like that, but there's no reason not to make boots that retail at $250, $300, or $400 in the United States. That's kind of where we've drawn the line and are trying to do our part to keep those jobs here."

     Jason Giuliani

Jason M. Giuliani, 39, of Batavia, is charged with criminal possession of a controlled substance, 3rd, and Ian K Leblanc-Chatt, 32, of Batavia, is charged with driving while ability impaired by drugs, possession of a controlled substance, 7th, criminal using drug paraphernalia, 2nd, criminal possession of a hypodermic instrument, and moving from lane unsafely. Sgt. Colin Reagan and Deputy Amy Nowak, of the Wyoming County Sheriff's Office, initiated a traffic stop on Route 19 in the Village of Wyoming, at an unspecified time on Sunday. Giuliani was a passenger in the vehicle. During the investigation he was allegedly found in possession of 60 bags of heroin, leading to a felony charge related to the intent to sell narcotics. Leblanc-Chatt was allegedly under the influence of multiple narcotics while driving by a drug recognition expert. Giuliani was jailed on $25,000 bail. Leblanc-Chatt was released to a family member.

Nicholas John Stefaniak, 36, of Westview Drive, Perry, is charged with assault, 2nd, and criminal mischief, 4th. Stefaniak is accused of seriously injuring another person during an incident reported at 8:18 p.m. Thursday in Byron, and of damaging property of that person. Stefaniak was jailed on $5,000 bail or $10,000 bond.

 

Batavia-based P.W. Minor -- the nation's second-oldest shoe manufacturer founded here in 1867 -- has been sold to Tidewater+Associates, which has offices in Delaware and California.

P.W. Minor CEO Peter Zeliff will transition to board member and Hundley Elliotte of Tidewater's leadership team will become managing CEO.

"We have made significant progress turning this business around," Zeliff said in a press release about the sale. "I now feel that it is the right time to step away from my day-to-day involvement and I'm extremely confident in Tidewater's ability to guide this business to the next level of success."

That's good to know and no doubt a relief for Zeliff, who saved Genesee County's oldest business from doom when he and then-business partner Andrew Young bought the business in mid-2014. It was set to close due to slumping sales and a frumpy product line, despite having outsourced 100 jobs to China in a bid to keep it going.

Zeliff and Young poured investment into P.W. Minor, located at 3 Treadeasy Ave. in the city, and worked with state and local officials to bring back the  jobs lost to China. Young subsequently left the company; he's a real estate broker, investor and county legislator representing District 4 (towns of Batavia and Stafford).

It was a big task. Production facilities were upgraded and automated. New designers were hired and the product line was revamped. Shoe molds were brought over from Italy, world-renowned for its shoes and leather goods. The price tag to do all this was estimated at $7.5 million.

Empire State Development pledged to provide up to $1.75 million in performance-based tax credits, including a $900,000 state-backed aid package to re-shore the China jobs and add jobs. Though some layoffs were made in the interim.

The Genesee County Chamber of Commerce named P.W. Minor its 2015 Business of the Year.

"We are excited to be a part of the resurrection of this American icon," Zeliff told The Batavian in an interview before the 2016 awards ceremony.

He also admitted there was a sizable learning curve for him; he's been in the landfill-gas-to-energy business. And he expressed frustration with the bureaucratic slowness of state government.

Although the company's reputation was built on its orthopedic shoe line, rebuilding the brand and the business in that market has proven to be difficult. It currently operates three key brands -- P.W. Minor; Abram Boot Company; and the Batavia Boot & Shoe Company. A subsidiary -- Minor Brothers Boot and Shoe Manufacturer -- develops and makes products for several leading brands in the United States.

Tidewater's Elliotte says "We believe there are significant opportunities to scale P.W. Minor's social and environmental benefits through its current core brands and to embark on new developments.

"The organization's legacy of craftsmanship and capabilities to deliver product sustainability can be leveraged to expand and grow the brand base."

Tidewater has a history of more than 80 years of focusing on "small cap brands and businesses," to which it applies a unique loyalty business model and operational expertise to accelerate and scale, according to a statement released by the company.

Wayne Fuller, the voice of Batavia sports, passed away this morning at Strong Memorial Hospital after a lengthy illness.

Fuller was 70 years old.

With a perfect baritone broadcast voice, Fuller became a local legend over the decades, serving as a public address announcer for the Batavia Muckdogs as well as Batavia High School sports. He worked for WBTA at various times since 1967.

Fuller was well known for not only his talent as an announcer but also his encyclopedic knowledge of sports and pop music and his photographic memory.

"Wayne Fuller was blessed with a marvelous voice and a considerable talent, and we were blessed with Wayne Fuller," said Bill Kauffman. "For somewhere between three and four decades, he was the voice of Batavia baseball — of the Trojans, the Clippers, the Muckdogs.

"His voice perfectly fit Dwyer Stadium; Batavia baseball sounds like Wayne Fuller. I think of Wayne as the voice of Batavia, a voice that will never stop echoing."

Batavia gave Fuller a place to excel -- plenty of local sports, but also a locally owned AM radio station that gave him an outlet for sharing the pop music of the recent past that he loved and knew as well as he did baseball history.

Dan Fischer, co-owner of WBTA, said Fuller was a perfect match for the station throughout so much of the station's history.

“Wayne was a unique on-air personality," Fischer said. "He had a perfect voice for AM radio, clear and distinctive. That voice served him well for his public address work as the stadium announcer for the Muckdogs and in the gymnasium for BHS basketball.

"Wayne could weave a story in such great detail. He knew what the weather was on the day his story was set; he could tell you what song was popular on that day. He had a passion for trains and memorized schedules and could describe railroad stations along most any route.

"He was a great friend and a wonderful and talented employee who will be missed by his colleagues and fans alike.”

Fuller was dedicated to the youth of the community and loved being the voice of so many Batavia sports. Both Buddy Brasky, head coach of Batavia HS basketball, and Michael Bromley, the school's athletic director, said he will be missed.

"Wayne was a very important part of Batavia Athletics for many years," Brasky said. "As the PA announcer for the varsity boys' basketball games, he added a sense of professionalism to the games. His enthusiasm, the way he played the music, the way he introduced the players in the starting lineups, always added to the atmosphere at the games."

Fuller was a 1965 graduate of Batavia HS. He was inducted into the school's Hall of Fame in 2013. Bromley also noted the press box at Dwyer Stadium is named after Fuller.

"More than that, Wayne was a friend to everyone," Bromley said. "He was a friend to many of our coaches, many of our athletes. He's going to be deeply missed. We tried to replace him for the season but there's still a big absence without him on the sidelines for basketball."

The impact Fuller had on the region goes beyond sports and broadcasting, however. He was also passionate about his longtime job with Empire Trailways.

Fuller was fascinated by bus schedules and fairs and he was instrumental in pushing bus companies across the Northeast in adopting computerized ticketing, according to his former boss Jack Barker.

"He was promoted to traffic manager in 1974 for Empire Trailways and he held that position for many years, taking care of bus schedules and fares," Barker said. "His contribution to the bus industry was exemplary. He was a friend of mine for probably over well over 50 years and he will definitely be missed."

Ironically, Fuller's broadcast career almost got derailed before it started. He had been hanging around WBTA as a teenager and the station manager one night blamed him for an announcer's on-air mistake. He thought that was the end of his connection with the station.

"I got thrown out of the station by the then-program manager," Fuller told Lucine Kauffman last year during an interview for her WBTA show, Genesee Life. "His name was Bob Folkler. He thought that I had broken up the announcer one night on the radio and it was somebody else. But I got thrown out. So I thought I was done hanging around BTA.

"This was in '67. About a week later, he called me up and said, 'Wayne, could you work tonight?' So here I went into this with no training because I was already pretty well trained because I'd been hanging around so much. I knew exactly what to do. So I just sat down did it."

Jaylinn M. Oneil, 27, of Walnut Street, Batavia, is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, criminal possession of a hypodermic instrument, and endangering the welfare of a child. Oneil was arrested by members of the Local Drug Task Force following a search of his residence as the result of an investigation initiated by the Department of Social Services. Following arraignment, Oneil was released under supervision of Genesee Justice.

Timothy James Hodgins, 32, of Lewiston Road, Batavia, is charged with unlawful possession of marijuana and inadequate headlamps. Hodgins was stopped at 7:48 p.m. Thursday on Lewiston Road, Batavia, by Deputy Kyle Krzemien.

Andrew Charles McGiveron, 29, of Walkers Corners Road, Byron, is charged with unlawful possession of marijuana. McGiveron was stopped at 7:52 p.m. Feb. 2 on Clinton Street Road, Stafford, by Investigator Christopher Parker. McGiveron was allegedly found in possession of a glass pipe and a small quantity of marijuana during a traffic stop.

Paul Donald Fields Jr., 48, of Pearl Street Road, Batavia, is charged with DWI, driving with a BAC of .8 or greater, aggravated unlicensed operation, 1st, criminal possession of a controlled substance, and moving from lane unsafely. Fields was charged following an investigation by Deputy Travis DeMuth into a motor-vehicle accident reported at 10:46 p.m. Wednesday on Indian Falls Road, Pembroke.

Abrain D. Wright, 33, of Rochester, is charged with unlawful possession of marijuana. Wright was stopped by State Police at 11:07 p.m. Thursday on Route 33 in Bergen.

Genesee County has an oversupply of owner-occupied housing for the extremely low-income people and not enough for market-rate renters, according to a housing study released yesterday.

There's also a shortage -- to the point of being essentially nonexistent -- of single-family, owner-occupied housing for households with incomes of $100,000 to $150,000.

Ed Flynn, a consultant with LaBella Associates, and 24-year resident of Batavia, presented the findings of the county-commissioned housing needs assessment to a gathering of local officials and residents last night at the Old Courthouse.

Other problems facing the county are a slowly declining population and an aging population.

"The demographics and the economics are changing," Flynn said. "The community must recognize that the type of community that Batavia or Genesee County was 10 years ago has completely changed. The type of households have completely changed and we have to recognize and acknowledge that economic development does matter. So in order to avoid the current projections where there is continual population decline you really need to create jobs."

The flip side to shortages in housing is there is demand. 

There is demand for middle-income, owner-occupied, single-family housing. There is demand for smaller-unit, smaller-lot, single-family housing in the city. There is demand for market-rate rental properties.

And what people say they want in their housing of the future is housing that is ADA-accessible, with sidewalks and trails and access to alternate forms of transportation and connected to amenities and services.

"Based on the survey, we got a lot of feedback," Flynn said. "People said, 'we want more than just a house. We want a community.' 

"So let's look at some small lots, areas of compact development patterns where you can walk and where there are landscaping and smaller houses. Let's look at some downtown areas or some compact development where you can do some of these high-end houses or a mixed-income housing in the downtown areas or some strategic areas in other villages and towns."

As evidence of the demand for market-rate rentals, Flynn pointed to the new apartments that have been added to the downtown housing stock over the past few years. In each case, these apartments were snapped up immediately at rates of $1,000 to $1,500 a month.

Flynn said it will be interesting to see if that trend continues with the four new apartments in the former Newberry's building go on the market, but based on the survey data, it appears the demand for that kind of housing is still present in the City of Batavia.

According to the data gathered for the report, there are 2,070 households in the county with upper-level incomes and only 889 rental units suitable to that market.

There may be additional opportunities to rehabilitate other existing structures and housing units that meet market demands but with more than 80 percent of the housing in the county more than 50 years old, there is growing demand for new housing.

The problem in attracting new housing development, however, is the low cost of current housing.

The median single-family housing price has dropped from $115,192 in 2000 to $107,000 in 2015. Rental rates have risen only slightly, from $715 in 2000 to $724 in 2015.

The average cost of an existing housing unit is $83 per square foot. The average cost of new construction is $175 per square foot. That means an existing 1,650-square-foot house might sell for $136,950 but it would cost $288,750 (excluding developer profit and permitting fees) to build a new 1,650-square-foot house.

Without government-backed incentives, Flynn said, it will be difficult to attract developers to Genesee County to build new housing.

Those trends holding housing prices down also means owners are less likely to upgrade and improve their existing properties, whether owner-occupied or rental.

"If you have a house and you know the value is not going to change, you are probably not going to do as many updates," Flynn said.

Among the recommendations in the report is creating a countywide program to provide incentives for owners of single-family homes to rehabilitate and upgrade those units.

Over the next 20 years, there will be a demand for 4,804 additional housing units in Genesee County, according to the report.

There will be a need for 2,858 single-family units, with 1,699 on standard lots and 1,159 on small lots.  

Nearly 80 percent of the 4,804 new units will need to be rental properties, with 1,138 of those being part of multi-family complexes.

While most people, the survey found, want to live in single-family homes -- 78 percent -- there increasing interest in multi-family or small units, such as patio homes, townhouses, senior living apartments, duplexes, and apartments (89 percent).

Forty-two of the respondents said they want to move into smaller living units and 33 percent said they want lower cost housing in the future.

There is also a strong need for housing the meets the needs of people with disabilities, with 13.4 percent of the population having some sort of disability. With an aging population, that number will grow. Nearly 20 percent of the people in poverty are disabled.

For the poor, housing is often substandard or too expensive for their income levels. More than 6,800 households in the county are living with housing with problems. Examples include plumbing problems or substandard kitchen facilities. More than 20 percent of renters are paying more than one third of their income in rent and more than 20 percent are paying more than 50 percent of their income in rent.

For owner-occupied homes, there is an oversupply of extreme/very low-income units, with only 885 households qualifying at that income level and 3,355 such units in the county. 

Meanwhile, there are 15,050 households who could afford market-rate and higher owner-occupied properties but only 8,871 such units exist.

There is also demand in the low-income range -- between extremely low income and middle income -- for suitable housing.

For renters at the very low-income spectrum, there are 1,600 such households and only 565 such units available. 

Meanwhile, there is an oversupply of low-income and middle-income rental units.

"We need to consider economic development," Flynn said. "And I'm not just saying that because I like the folks at the EDC (county Economic Development Center) or other economic professionals, because if you create jobs and you create wealth you're going to create demand for housing."

Click here (PDF) for the written report.

Jaomi Delgado is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Dec. 20 in the City of Batavia that the defendant knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, he is accused of same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds or mixtures or substances containing a narcotic drug, cocaine, and these were of an aggregate weight of one-half ounce or more. In count three, Delgado is accused of the crime of criminal sale of a controlled substance in the third degree, also a Class B felony, for allegedly selling cocaine in the City of Batavia on Dec. 20.

Samuel R. Baudanza is accused of the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 22 in the Town of Pavilion that he knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it.

Isaac C. King is indicted for the crime of assault in the second degree, a Class D violent felony. It is alleged that on July 31, having been charged or convicted of a crime and while confined in a correctional facility -- the Genesee County Jail at 14 W. Main St., Batavia -- that he intentionally caused physical injury to another person. In count two, the District Attorney accused King of fourth-degree grand larceny and alleged that on that date he stole property from a person at the jail.

Dealing with the state's new "Raise the Age" rule for handling 16- and 17-year-old criminal defendants is still a "work in progress," says County Manager Jay Gsell, both for the county and for the state.

And the fact that the state doesn't totally have its act together is one of the most frustrating things about the new law, Gsell said.

"This legislation has been in the works for about four or five years," Gsell said. "So why is the state so ill-prepared at this point? If this has been something that's been on their radar screen for the last four or five years, that to me is where the state, again, has has come up short."

The new law creates an "adolescent offender" (AO) class of defendant, putting 16- and 17-year-olds between youthful offenders and adult offenders. New York is one of the final two states to recognize that teenage brains -- really, human brains into the mid-20s, according to neuroscientists -- are not fully developed. Adolescents are more prone to rash and poor decisions, peer pressure, and more susceptible to not fully appreciating the consequences of their actions. 

Gov. Andrew Cuomo signed the new legislation into law in April. 

"By raising the age of criminal responsibility, this legislation will reduce crime, recidivism, and costs to the state, and help us deliver on the New York promise to advance social justice and affirm our core progressive values," Cuomo said at the time.

"Providing young people with age-appropriate facilities and rehabilitation will restore hope and promise and help them turn their lives around to build a better future for themselves, their families and for our great state."

What the law means for counties is that once a potential adolescent offender is arrested, the arresting officer must stay with the individual constantly until the youth is in an appropriate holding facility. The AO cannot come into even visual contact with an adult offender. This means special holding rooms at the courthouse.

But more significantly, the county will need a place to hold AO offenders who are sentenced to less than a year in jail. They cannot be placed with the general jail population. They also must be provided enhanced services and evidence-based programs. 

The county currently has no such facility.

Gsell said the county is in talks with the other GLOW counties about a possible joint facility. 

Where the state's guidelines breakdown is there is yet to be created a final document of requirements for such a facility, though New York's counties are expected to have these facilities open and running by October of this year.

"There are a lot of complications going around with this coming out, and the state itself has not done much on it in terms of draft regulations," Gsell said. "There are specialized secure detention regulations out now but we're in the month of February and they're still in the draft form."

Gsell said whether the county, or counties, build new or repurpose an existing building, it will take at least two years of planning, financing and construction to get such a facility open.

Supposedly, the state will reimburse 100 percent of the county's "eligible" expenses.

"Pardon my rampant skepticism, but I don't buy into the notion that the state will blanket cover 100 percent of all eligible expenses because they can keep changing that bar and keep moving it, which is what they've done in the past," Gsell said.

And at some point, reimbursements, based on the state's history, are likely to dry up.

"Every year this kind of funding is subject to appropriation, a.k.a., the state decides that they can't do this anymore because, as they're dealing with right now, a four billion dollar deficit in his proposed budget that in three years will grow to eight billion dollars a year. It is potentially likely that, as they have done in the past, they will tell us, 'well, you know, we had the funding at one time but we can't afford that, so counties you're back on your own again.' "

As for a potential location for a secure detention facility -- apparently, not called a juvenile hall -- Gsell threw out one possibility: the former armory on State Street in Batavia.

"It's already got that secured fencing," Gsell said. "It's already a building that is set up with a kitchen and has small living quarters, has an open area. Stranger things happen. But it's not owned by a public entity anymore. It's a private-sector building but the owner doesn't seem to have any plans."

There may also be facilities within the GLOW region that the state already owns that could be repurposed.

"The Albion Correctional Facility probably has a lot of space," Gsell said. "You know, you're the state. You're making up the rules. You're the ones that say you have the money. Spend it more wisely than just having all of us go out and start creating 57 of these little things all over the state."

The state is already repurposing a facility to house 16- and 17-year-old offenders who receive sentences longer than one year.

This demand for an AO facility comes at a time when the state is already leaning on the county about building a new jail, a project will cost as much as $52 million and the county will largely be on its own to fund.  

A new jail will cost about $285,000 per bed and will contain 125 to 175 beds.

"Our biggest consideration is, we've got to figure out what to do to pay for a new county jail, and how big it's going to be, sometime in the next four or five years," Gsell said.

The county has two committees currently working on AO-related issues, one involving several county department heads and staff members, and one involving the leaders in the county's criminal justice system.

These two committees, Gsell said, will help the county both realize what is possible, what is necessary, and, especially with the committee on the criminal justice side, guide the county away, hopefully, from potential pitfalls.

The judges can also help come up with guidelines so that some of the AOs -- an estimated seven to 10 a year -- who might otherwise get sentences of less than a year -- can be set up on programs similar to Genesee Justice or provided with electronic monitors. Such diversion programs will help save the county money.

There have been another 100 flu cases reported in Genesee County in the past two weeks, bringing the season total to 250.

At this point in the season last year, said Public Health Director Paul Pettit, there were 53 confirmed cases.

The flu season started Sept. 1.

The local increase in flu cases is consistent with reports of more flu cases all over the country.

Pettit encourages everybody who has not been vaccinated to get vaccinated. There are reports that this year's vaccine is less effective against the most common strain of flu this season, but it does work on other strains and health officials say the vaccination will lessen the severity of symptoms.

A Le Roy fox hunter says he had to chase a woman he believes stole his hunting dog this morning at speeds that reached 60 mph on Route 33 before a state trooper arrived on scene and initiated a traffic stop. 

The woman, who was in tears, the hunter said, told the trooper, according to Troop A's public information officer, Trooper James O'Callahan, that she thought she had found a lost dog and was taking the animal to State Street Animal Hospital.

The hunter, who asked not to be identified, said he was hunting on Griswold Road with the local property owner when he heard his dog bark. He walked a couple hundred yards down Griswold but the dog was nowhere in sight.

"I thought, there's no way that dog could run that fast," he said.

He went back to his truck and drove back down Griswold. Just then, he saw a sedan pulling away.  

The dog was wearing a GPS collar, he said, so he knew the dog was in the car. Pretty soon, he said, he noticed he was still behind the car, but the GPS signal was behind his location, which meant, he believes, the woman with the dog had removed the collar and thrown it out the car window.

He followed the woman down Route 33 and she was eventually stopped at Seven Springs Road.

The problem for the trooper, in deciding whether to file charges against the woman, O'Callahan said, is that the hunter didn't see the woman remove the collar and she said the dog didn't have a collar.  Though the collar was found at the location near where the dog was picked up, there isn't sufficient proof the woman removed the collar.  Without that, there's no proof of a crime, O'Callahan said.

The owner called The Batavian to clarify that the dog was not taken from a residence.

"I don't want people to think there is somebody going around taking people's dogs from their homes," he said.

(Initial Report)