batavia

One of Genesee County's former Assembly representatives and a well-regarded local businessman, James Carmichael, died Monday at Buffalo General Hospital. He was 88.

A World War II veteran, Carmichael served in the Assembly from 1964 to 1966.

He was owner of the Carmichael Agency in Batavia for 60 years.

During his time with the Army Air Corps, Carmichael served in Japan and Burma. He was an active member of Oakfield Community Bible Church.

For the complete obituary, click here.

From Batavia Police Det. Richard Schauf:

Missing 13-year-old Chelsea Darnley Emondt-Fauel was located in the City of Niagara Falls. She has been returned to her guardian safely. Thank you to all agencies that assisted in her location and safe return.

Batavia PD is responding to Family Dollar for a report of a person possibly with a weapon.

The patron has reportedly bumped into some customers and told them to be careful because he has a gun.

UPDATE 11:15 a.m.: Officers are with the person and the situation is under control.

Edward Thomas Zaremski, 62, of Lockport Road, Oakfield, is charged with promoting prison contraband, 2nd, and unlawful possession of marijuana. Zaremski allegedly possessed a small amount of marijuana upon entering the jail at 12:35 a.m., Sunday.

Kayo Takeshita, 23, of Batavia Stafford Townline Road, Batavia, is charged with menacing, 2nd, and harassment, 2nd. Takeshita is accused of displaying a knife in a threatening manner during a fight at College Village. A stay away order of protection was issued in the matter.

James William Caccamise, 81, of Asbury Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and leaving the scene of a property damage accident. Caccamise allegedly backed into a building at GCC at 11:16 p.m., Tuesday, and later drove into the yard of a residence in Le Roy. The investigation was handled by Deputy Joseph Corona.

Lauren Elizabeth Charache, 33, of Myrtle Street, Le Roy, is charged with forgery, 2nd. Charache allegedly signed the name of a deceased woman on a contract.

Press release:

The City of Batavia Republican Committee is seeking City Republicans interested in running for the position of City Council At-Large.

This position is a four-year term on the City Council and is a seat that represents the entire City of Batavia. Letters of interest can be e-mailed to City Republican Chairman Matt Landers at lmlanders@yahoo.com by April 12, 2013.

Here is your chance to serve your community! If you want to get involved in making Batavia a better place to live and work then we want to hear from you!

Batavia Towne Center -- the location of Target, Bed Bath & Beyond, Michael's, Petco and Radio Shack -- is a tourist destination.

It became a tourist destination in 2007 when the board of the Genesee County Economic Development Center voted to proclaim it a tourist destination and Mary Pat Hancock, chair of the Genesee County Legislature, gave the designation her stamp of approval.

Without the designation, the GCEDC could not have awarded -- under state law at the time -- some $4.5 million in tax breaks for COR Development Company to build the retail shopping center.

The law lapsed in 2008, but is back in force this year, just in time for COR to request another $1 million in tax incentives to help lure Dick's Sporting Goods to Batavia.

The Buffalo News reported on the revival of the law last week, noting that it's the intention of the governor's office to crack down on tax incentives for purely retail projects.

Those retail projects were magnets for controversy because critics said they did not generate new wealth within the region, served a strictly local clientele and favored one business over others that were fighting for a piece of a shrinking local retail market.

Among the exceptions to the law banning tax incentives for retail projects is the declaration that the project is, or is part of, a "tourist destination."

The statute is pretty clear that Albany wants these incentives going only to retail projects that will likely "attract a significant number of visitors from outside the economic development region ... "

Who decides if a project is a tourist destination? According to the Govenor's Office, it's purely a local decision.

It's up to the GCEDC board to conduct a public hearing on the topic. After the public hearing, the board votes. If it votes to declare the project a "tourist destination," there's one last step, and that's for the chair of the governing agency -- in this case, Mary Pat Hancock of the County Legislature -- to approve the designation.

There's no other process to confirm the designation nor appeal the decision.  There's nothing in the statute that allows another authority to overrule the local decision.

For her part, Hancock seems quite convinced that Batavia Towne Center is a tourism destination.

Hancock noted that Batavia Towne Center is right next to the Clarion Hotel, with its new water park, conveniently located near the Thruway and there are lots of hotels in the area. Those hotels bring families to town for hockey tournaments and soccer tournaments, and business travelers might bring their families along these days.

And those people, she said, will want convenient shopping in the area.

"We would certainly like to see that empty building (the former Lowe's location) put to good use and see something there that brings people to the area," Hancock said. "It's conveniently located for people who come here and with the price of gas, it's wonderful that people can come here and mix business with pleasure."

Kelly Rapone, head of tourism for the Genesee County Chamber of Commerce, wanted to emphasize that she's supportive of the proposed project at Batavia Towne Center, but admitted that she's never considered the shopping center a tourism destination and the chamber has never promoted -- as far as she can recall -- the shopping center as a tourism location.

One measure in New York of whether a location is a tourism destination, as established by the promotion campaign "I Love NY," is whether a signficant number of people from more than 50 miles away will travel to the location.

That definition is used in awarding grants to tourism projects, Rapone said.

While the shopping center is good at pulling people from neighboring GLOW counties to Batavia, she isn't sure Batavia Towne Center would measure up to I Love NY's criteria.

"(Batavia Towne Center) is definately an asset to have when people are deciding where to stay while traveling," Rapone said. "They're not going to stay in a hotel when there's nothing around."

She doesn't think, though, that people are going to travel to Batavia and stay in a hotel just to shop at Dick's.

We asked Hancock about a remark by the owner of Barrett's Batavia Marine, Mike Barrett, that tax breaks to COR is like "using your own tax money to put yourself out of business," and Hancock said she certainly hopes that isn't the case.

She doesn't think that's GCEDC's purpose, she said.

"The GCEDC has done great work with our present businesses and works with our businesses to help them expand or move to different locations," Hancock said. "Part of the GCEDC's mission is to retain business and retain jobs and they've been doing a really good job."

LATER THIS WEEK (we hope): Details on the 2007 financial package that helped create Batavia Towne Center.

You wouldn't want to be called a "scalawag," but if you were a Batavia resident in the early 19th Century and didn't pay your debts, that's exactly how a local merchant might label you, and the local newspaper would print the charge, no less.

An amateur word sleuth uncovered the origins of "scalawag" recently, and according to a piece in the Boston Globe, the rather uncomplimentary word was likely invented right here in Batavia.

Nathaniel Sharpe, a 22-year-old genealogist from Bathgate, ND, was researching one of his ancestors, one John W. Putman.

He found a reference to Putnam in the March 8, 1836, issue of Batavia’s Republican Advocate.

Putnam was called a "skallewagg" for leaving town without paying his debts.

The spelling was curious and Sharpe wondered if "skallewagg" might mean the same as current spelling "scalawag."

It does, and prior to Sharpe's discovery, the earliest known print reference to the word was in 1848.

The Oxford English Dictionary said the word had Western New York origins.

With more research, Sharpe was able to determine that the possible originator of the word was James Brisbane (a famous surname in Batavia and journalism history).

The entire story is fascinating. Click here to read it.

A Batavia teenager caught on New Year's Day burglarizing a Washington Avenue residence is facing up to 14 years in prison after entering guilty pleas today to two second-degree attempted burglary charges.

Shortly after his arrest by Batavia PD on Jan. 1, Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, became a suspect in a string of robberies in the South Pearl Street area.

He was charged in two separate indictments for the Washington Avenue burglary and the burglaries prior to his arrest.

His guilty pleas are to one charge on each of the indictments.

Each Class D felony carries a maximum possible sentence of seven years each, though Judge Robert C. Noonan has the option of confining him for fewer years or having the sentences on each count run concurrently rather than consecutively.

For previous coverage of Smith, click here.

Chelsea Darnley Emondt-Fauel, a Batavia Middle School student missing since Thursday, is still missing, according to Batavia PD.

Chelsea is considered a runaway, but Det. Rich Schauff said police are looking at all possible aspects related to her disappearance.

She may still be in the local area or may have gone to Buffalo or Niagara Falls.

The 13-year-old has brown eyes and brown hair and is 5' 6" and 145 lbs.

Anybody with information that might help police locate Chelsea is asked to call Batavia PD at (585) 345-6350.

We recevied the following message from across the pond ... Brian Slater is looking to reconnect with family members separated by time, generations and immigration.

In the summer of 1967 I stayed in Batavia at the home of my great aunt and uncle, Beatrice and Hernbt Jermy, a photo of which I took of all their family.

I am very keen to make reestablish contact with any members of the family across the ocean from their original country of England where they all came in 1913/1914 from a village called Horning in Norfolk.

Their four children were Charles, Arthur, Alice and Vera all in the photograph with their children. The girl in the brown dress was Donna and her brother in the white shirt Jimmy, children of Harry and Vera, rear left, who lived not far from Watkins Glen.

If any of your readers can cast a light I shall be most grateful as I am the last generation who can bridge the family divide across the Atlantic Ocean.

Brian Slater
brian@inter-culture.com

Joshua A. Stantos, 18, of 4585 Lake Ave., Rochester; Tyree A. Bradley, 20, of 1270 North St., Rochester; and, Skylynn D. Johnson, 16, of 110 Walnut St., Batavia, are charged with burglary, 2nd, and robbery, 2nd. The suspects are accused of entering a residence without permission and using force to steal a bracelet. The alleged incident was reported at 3:34 p.m., Thursday. All three were jailed without bail.

Darrin Todd Moreland, 47, of Telegraph Road, Medina, is charged with petit larceny. Moreland is accused of stealing snow fences and posts.The fences were rolled up and laying along the side of Lewiston Road waiting for the Town of Oakfield Highway Department to pick up.

Charles Rashad Foster, 26, of Carter Street, Rochester, is charged with unlawful possession of marijuana. Foster was a passenger in a vehicle stopped at 3:33 p.m. Sunday on Oak Street, Batavia, by Deputy Kevin McCarthy and found during the traffic stop to allegedly possess marijauna.

Brianna Elise McGrady, 24, of Campbell Street, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 2nd, driver's view obstructed and unlicensed operator. McGrady's vehicle was stopped at 3:33 p.m. Sunday on Oak Street, Batavia, by Deputy Kevin McCarthy.

Edward Thomas Zaremski, 62, of Lockport Road, Oakfield, is charged with DWI, failure to keep right, refused pre-screen device. Zaremski's vehicle was stopped by Sgt. Thomas Sanfratello at 11:56 p.m. Saturday on Lockport Road, Oakfield, after a report of a vehicle in Elba being driven erratically. Zaremski was jailed on $100 bail.

Lauren Kay Pellegrino, 31, of Jackson Street, Batavia, is charged with DWI, speeding, possession of an open container, unlicensed operator. Pellegrino's vehicle was stopped at 12:07 a.m. Saturday on Main Street, Batavia, by Deputy Patrick Reeves.

Jessica Katherine Forrester, 21, of Erie Street, Albion, is charged with unlawful possession of marijuana. Forrester was a passenger in a vehicle stopped by Deputy Patrick Reeves on Route 77 in Pembroke.

Christopher Arron Saddler, 29, of West State Street, Albion, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 2nd. Saddler was stopped at 6:17 p.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves.

Emma Jean Brinkman, 57, of Sunset Parkway, Oakfield, is charged with petit larceny. Brinkman is accused of stealing $84.93 in merchandise from Kmart.

Lisa Sue Metcalf, 33, of Batavia Oakfield Townline Road, Oakfield, was arrested on a bench warrant for alleged criminal possession of stolen property, 3rd. Metcalf is accused of failure to comply with Genesee Justice conditions. Metcalf was jailed on $250 bail.

Raymond Amaro, 26, of Washington Avenue, Batavia, was arrested on a warrant for alleged violation of probation. Bail was set at $50,000.

Melanie Patricia Heidt, 21, of Elmgrove Road, Rochester, is charged with possession of more than 400 untaxed cigarettes. Heidt was stopped at 9:23 p.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves.

Francis J. Sheehan, 61, of 400 E. Main St., Batavia, is charged with harassment, 2nd, and criminal contempt, 1st. Sheehan is accused of punching a woman. There was allegedly an order of protection in place.

Ryan C. Riggi, 18, no permanent address, is charged with failure to appear. Riggi was turned over to Batavia PD on a warrant out of City Court and jailed on $5,000 bail.

Summer Ogden, 37, of 29 Central Ave., Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Ogden was allegedly found in the apartment of a person she is barred from contacting after police were summoned to a Liberty Street location for a reported disturbance. Ogden allegedly entered the residence without permission. The criminal contempt charge is a felony because Ogden has a similar conviction in the past five years.

Kelvin B. Murphy, 40, of 319 Ellicott St., Batavia, is charged with petit larceny and grand larceny, 4th. Murphy allegedly stole a wallet while at a business on East Main Street, Batavia. The wallet contained credit cards and cash.

Daniel L. Dioguardi, 31, of 4993 Upper Holley Road, Holley, is charged with criminal possession of stolen property and two counts of criminal possession of a forged instrument and two counts of petit larceny. Dioguardi turned himself in on warrants for the charges.

Rachael A. Baeher, 26, of 40 Church St., Le Roy, is charged with endangering the welfare of a child, appearance in public under influence of a drug other than alcohol, unlawful possession of marijuana and criminal possession of a controlled substance 7th. Baeher was arrested after police were summoned to the Days Inn at 11:16 p.m., Wednesday, for the report of a woman requesting assistance after ingesting drugs. Baeher allegedly had two small children with her. She was jailed on $1,500 cash bail.

Timothy A. Shay, 48, of Waterport, is charged with issuing a bad check. Shay was arrested by State Police in connection with an alleged incident in the City of Batavia reported at 1 p.m., March 19. No further details released.

Cory J. Trybushyn, 25, of Batavia, is charged with petit larceny. Trybushyn is accused of stealing from Target at 9:56 p.m., Thursday. Trybushyn was arrested by State Police.

Ramel J. Askew, 19, of Bronx, is charged with petit larceny. Askew is accused of stealing from Target at 4:36 p.m., Friday. Askew was arrested by State Police.

Today, Arlene Leach checked an item off her bucket list. She took her first fly-fishing class.

"I love nature," the Rochester resident said. "I love water and I love fish and it just brings me closer to a peace I don't have in my professional life."

Leach was among 30 people who turned out at Godfrey's Pond this morning for a free fly-fishing class with instructors Ron Wickings (with Leach, top photo) and Jim Southall (with Leach, second photo).

While Leach had never held a fly rod before, some of the class members have been fly-fishing for years.

"The thing I try to teach is don't ever think you've arrived," said the 54-year-old Wickings, who started fly-fishing the Oatka Creek when he was 12. "Everybody can learn something. That's the fun part of fly-fishing."

The patience and knowledge of her teachers impressed Leach, who picked up the basics of a roll cast quickly.

Asked if she studied fly-fishing at all before coming out today, Leach (who is friends with the Southall family) said she felt intimidated, so she avoided it.

"But I listened and watched and people's love for it was a bit infectious, and people are encouraging me through the learning curve," she said.

Wickings said he was living his dream today -- teaching fly-fishing. He wishes he could find a job where all he did was teach people how to fly-fish.

"I've always enjoyed teaching the most," Wickings said. "I think it's because you get to see someone discover something for the first time and it almost rubs off on you. You can live a little bit vicariously through them."

Jeff Southall, with his sons Harrison and Dominic, hauls in a trout. Southall, son of Tim, learned to fly-fish at Godfrey's 30 years ago.

Jeff Southall

Ed Burton, from Gates, hooks a trout.

Burton with his catch.

Catch and release.

Harrison and Dominic

Below, the slideshow is all the same photos used in the post, but you can view the photos at full screen. Participants can purchase prints by clicking here.

With the sound of a police siren, hundreds of children were off and running at Centennial Park, Batavia, this morning, as part of the annual Kiwanis Easter Egg Hunt.

Within 120 seconds or less, all of the eggs were snugly secured in some child's basket.

When I stopped by the Peace Garden today, I found a TV crew there looking over an old book.

The book was found in an old house in East Pembroke that is being renovated, stuck under floorboards in the attic along with some coins from the 1830s and paperwork from the 1930s, according to Larry Abarie.

The book is well known to historians, but editions with all the pages are reportedly hard to find. This copy appears to have all of its pages.

Interestingly, you can read the book -- which was an anti-slavery tract, but advocated returning former slaves to Africa -- online.

Dave McKinley's report for WGRZ is online here.

Jeff Donahue, director of the Holland Land Office Museum, stands with a big flag that once flew on the flagship of Rear Admiral Ralph Chandler, who was born in Batavia in 1829 and died in Hong Kong in 1889.

Chandler, a ship commander in the Civil War, was Asiatic Squadron commander from 1886 until his death.

The flag is on loan to the museum by Ralph Chandler Parker III. It measures 13' 11" on the hoist and 25' on the fly.

To fit it in the case, four people wearing archival gloves spread it out on sheets on the floor and then folded it, and folded it, and folded it, until it fit.

"It would have been beautiful if we could have displayed it at its full dimensions," Donahue said. "Unfortunately, we just don't have the space to do that."

Chandler was married to Cornelia Redfield and they had five children together.

It's no sure thing that Dick's Sporting Goods is coming to Batavia.

First, there's no official confirmation that Dick's is the client COR Development Company has secured for the former Lowe's location.

Second, Charlie Cook, chairman of the Genesee County Economic Development Center Board, said it's far from a done deal that COR will receive more than $1 million in tax incentives to prepare the 138,778-square-foot space for a new tenant, whoever that may be.

If Dick's is the new game in town, local sporting outlets say they're ready for the competition; they just hope it's a level playing field.

The GCEDC board has yet to officially approve a trio of tax incentives for COR. The only action yesterday was to approve a public hearing for the project, which hasn't even been scheduled yet.

The board has been given scant information about COR's plans, Cook said, and without more information, the board isn't ready to act on the proposal.

"There is no commitment from the EDC for any sort of tax breaks or funding and there won’t be until we have a lot more information," Cook said.

This is the first big retail project that has come before the GCEDC board since Cook's been a member, he said, so he wants to educate himself on what projects like this mean for existing businesses before making a decision.

"I’m still learning," Cook said. "I’ve learned some things on the fly here and have been educated a bit on the impacts that some retailers might have that I hadn’t thought of. I haven’t formed an opinion yet."

Two months ago, a source told The Batavian Dick's Sporting Goods was planning a store at the former Lowe's location; however, repeated phone calls and e-mails to Dick's corporate office since then have been ignored by the corporate giant.

Dick's is a publicly traded company founded in Binghamton and now has 511 stores in 44 states. Annual sales in 2011 (the most recent numbers available) were $5.2 billion with a net profit of $1.6 billion, for a profit margin of 30.6 percent.

Those big numbers mean local retailers selling outdoors equipment and sporting goods face competition from a well-financed behemoth with significant market power.

That isn't scaring at least two local retailers who sell some of the same merchandise as Dick's, but the local owners are unhappy that a giant corporation like Dick's could benefit from any tax incentives given to COR.

Mike Barrett likened the practice of using tax incentives going to corporate chains to "using your own tax money to put yourself out of business."

Still, Barrett's Batavia Marine -- founded in 1955 by his father and uncle -- has been in the same location for decades and Barrett has seen a lot of upstarts come and go.

"We can compete in a lot of different levels they can’t," Barrett said. "Price is one thing and service is another. I knew about this coming for about a year, but we’ve outlasted a lot of other people, so … (Barrett shrugged)"

Kurt Fisher, whose store Fisher Sports is less than two years old, thinks he's found a local niche to serve and his new location in the Court Plaza (off Court Street) is doing well.

He isn't even particularly worried about Dick's potential for offering lower prices.

"The bigger issue for us would be they have more opportunity to have more stock because they have more money to bring everything into the store from every company," Fisher said. "We don't have that opportunity. Olympia (on Lewiston Road) doesn't have that opportunity. They (Dick's) can fill the store with everything, but that doens't mean their prices are good. That's their story everywhere. They have full stores but that doesn't mean they have the best price."

Fisher is ready to compete head-to-head with Dick's, but he doesn't think tax incentives should be used to give a big chain an advantage over local businesses.

"For the town and city to do that, it tells me they're more worried about the Big Box people compared to the smaller business people, for sure," Fisher said. "We don't get tax breaks and we're already in business."

Before today, Charlie Cook said he had no idea that Dick's was the potential tenant for COR. He doesn't even know now if the information is true. He said the GCEDC board was told the confidentially agreement prohibited even the GCEDC board being told who the tenant might be at this stage, even in closed session.

Who the tenant is could be critical information for the board to consider before approving incentives for COR, Cook said.

"I am interested in protecting existing businesses," Cook said. "I think when the facts come out, and more names are divulged (there could be more than one retailer moving into the former Lowe's location), if something isn't going to have an impact on local retailers and actually has attributes that benefit the local economy, you have to look at that differently than a business that competes directly with somebody down the street. Until we know more, we can't make that judgement."

Cook also acknowledged that taxpayers may have legitimate concerns to consider about COR receiving new tax incentives after receiving tax incentives in 2007 to construct the curent building for Lowe's, but "what it comes down to is we're staring at a big empty building and how can we put it to the best use."

Local law enforcement -- deputies and troopers -- are looking for a white Neon with a black male driver and black male passenger.

The two men are suspected of stealing groceries from Walmart.

The first man is described as wearing blue sweatpants and an orange hoodie. The second suspect is wearing jeans and dark shirt.

The vehicle may have been last seen westbound on the Thruway.

The theft was reported at 4: 29 p.m.