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     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)

      Ismael Laffosse

Ismael L. Laffosse, 31, Fisk Road, Akron, is charged with second-degree attempted assault, second-degree menacing, third-degree criminal mischief, and criminal possession of a weapon, 4th. Laffosse is accused of striking another person with a baseball bat and damaging that person's personal property. The incident was reported at 6:54 p.m., Jan. 29, at a location on Apollo Drive, Batavia. The victim suffered serious injuries but has been released from the hospital.

Armando L. Carrion-Rojas, 23, of McCall Road, Greece, is charged with criminal mischief. Carrion-Rojas is accused of breaking the driver's side mirror of his girlfriend's car at 1:50 p.m. Monday at a location in Le Roy, and of damaging a residence door after his girlfriend locked him outside the residence. He was jailed on $500 bail or $4,000 bond.

Derek James Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd. Wert allegedly contacted by electronic means a person he was ordered by a judge not to contact. Wert was jailed on $1,000 bail.

Ronald F. Ratulowski, 44, of Eleanor Place, Batavia, is charged with third-degree assault. Ratulowski was arrested on a warrant. The original incident was reported at 11 p.m. Sept. 10 at a location on Eleanor Place. No further details released.

Bonnie L. Cortright, 30, West Main Street, Batavia, was arrested on two City Court warrants. The reason for the warrants was not released. She was released on her own recognizance.

Kevin Andrew Rivera, 23, of Batavia Stafford Townline Road, Batavia, is charged with third-degree criminal mischief. Rivera allegedly broke the window of a College Village dorm room at 10:56 p.m. Monday.

Nicholas Gerald Schafer, 19, of Broadway Road, Darien, is charged with DWI, driving while impaired by drugs, driving while ability impaired by the combined influence of drugs and alcohol, and parking violation on a highway. Deputy Kyle Krzemien was dispatched at 4:17 p.m. June 30 to Batavia Elba Townline Road, Elba, to investigate a complaint of a subject passed out in a vehicle. Following an investigation, Schafer was charged.

Jeremiah D. Williams, 26, of Batavia, was arrested by State Police following a revocation of parole. He was ordered held in jail.

An 18-year-old resident of Batavia is charged with petit larceny. The defendant was arrested on Goade Park. The incident was reported at 6:17 p.m. Monday in Kendall. The arrest was made by State Police at 6:10 a.m. Tuesday. No further details released.

Katrina P. Giummo, 29, of Corfu, is charged with petit larceny. Giummo is accused of a theft reported in Corfu at 1:18 p.m. Monday. She was arrested by State Police. No further details released.

Eli Fish Brewing Company, in the Newberry's building downtown, might be less than a month away from opening.

Co-owner Matt Gray said construction is done. Now it's just a matter of waiting for the delivery of the rest of the furniture and kitchen wares.

Starting today, four managers are working full-time at the restaurant and brewery. Next week, there will be an open interview period for potential staff members.

Gray said his partner, Jon Mager, should be able to start brewing beer next week, which is one of the big decisions because it will take four weeks for the first batch to be ready to serve.

"Which puts us in a real bind," Gray said. "Do we open on March 1 or do we wait another three weeks so we have our own beer on tap?"

The target date for the FreshLab winners to open their food booths is April 1. The winners have not yet been announced.

There are four apartments on the second floor just about ready for occupants. The rental rates will be from $850 to $950 for the one-bedrooms and $1,250 for the two-bedroom apartment (which features a large living room and dining area and a large master suite with a dual-head shower).

There's space on the third floor for three apartments. One will be either two or three bedrooms and possibly a balcony/deck in the back of the building. The Newberry building is one of the projects under consideration for a Downtown Revitalization Initiative prize and if selected, the money will be used to finish these apartments as well as a patio/seating area at the back of the restaurant in Jackson Square.

"I'm excited," Gray said. "Jon is excited. I've just got to get it open. Not only has it been a long time and a big project, we're pushing it. Our staff is ready to go. We're ready to go. We need to start changing the flow of cash."

Triton A. Drock, 23, of Buell Street, Batavia, is charged with criminal contempt, 2nd. Drock is accused of failing to be a witness in a Grand Jury hearing after being legally summoned. Drock was jailed on $2,500 bail.

A 17-year-old resident of Batavia was arrested on a warrant. The reason for the warrant was not released. The 17-year-old was jailed on $5,000 bail.

Shannon L. Klinkbeil-Heyday, 41, of Liberty Street, Batavia, is charged with petit larceny and falsifying business records. Klinkbeil-Heyday is accused of making fraudulent returns and keeping the refund money.

Christopher S. Bump, 23, of Briarwood Drive, Batavia, was arrested on a warrant. The reason for the warrant was not released. Bump was ordered held in the Genesee County Jail.

Torrence C. Greene, 27, of Wearing Road, Rochester, is charged with two counts of criminal possession of a controlled substance, 3rd. Greene was arrested at 1:09 p.m. Friday following a police response by officers James Prusak and Frank Klimjack to a report of a disturbance on Walnut Street. Greene is accused of possession of a narcotic with the intent to sell. He was jailed without bail.

Joseph Thomas Misiak Jr., 62, of Pratt Road, Batavia, is charged with aggravated harassment, 2nd. Misiak is accused of threatening a member of the Genesee County Sheriff's Office in a voicemail.

Jacob John Bukowski, 30, of East Park Street, Albion, is charged with unlawful possession of marijuana. Bukowski was allegedly found in possession of marijuana in the Town of Alabama at 3:30 p.m. Saturday by Deputy Kevin Forsyth.

Stephen Michael Milroy, 23, of Creek Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right, and failure to notify DMV of change of address. Milroy was stopped at 12:48 a.m. Saturday on Route 20, Alexander, by Deputy Erik Andre.

Michelle Amber Condidorio, 36, of South Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, and moving from lane unsafely. Condidorio was stopped at 2:01 a.m. Saturday on Telephone Road, Alexander, by Deputy Andrew Mullen.

Richard JM Button, 27, of Heritage Estates Street, Albion, is charged with unlawful possession of marijuana. Button was allegedly found in possession of marijuana and paraphernalia during a traffic stop at 4:48 p.m. Thursday on Judge Road, Alabama, by Deputy Austin Heberlein.

Jennifer Sue Davis, 38, of Webber Avenue, Oakfield, is charged with DWI, speed not reasonable and prudent, and uninspected motor vehicle. Davis was charged following an investigation into an accident reported at 8:52 p.m. Thursday on Downey Road, Batavia, by Deputy Austin Heberlein.

Gabriel A. Tapia, 19, of Woodhaven, is charged with unlawful possession of marijuana. Tapia was charged by State Police after allegedly being found in possession of marijuana at College Village at 11:16 a.m. Saturday.

Jacqueline M. Kobee, 28, of Buffalo, is charged with possession of controlled substance not in original container, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and aggravated unlicensed operation. Kobee was stopped at 1:54 p.m. Saturday on Route 77 in Pembroke by State Police.

An 18-year-old resident of Batavia is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana at 9:58 p.m., Saturday, at College Village, by State Police.

Michael T. Morasco, of Batavia, is charged with driving while impaired by drugs and moving from lane unsafely. Morasco was stopped at 11:52 a.m. Friday on Route 63 in Pavilion by State Police.

Country Max, the pet and garden supply store at 610 E. Main St., is closing with the last day of business planned for Valentine's Day, Feb. 14.

None of the regional chain's other 15 stores are closing.

Owner Don Payne said employees of the Batavia store are being offered jobs in either Geneseo or Brockport.

"We had entered that location more than seven years ago with a great deal of optimism but it has just not worked out," Payne said.
"We just have not been able to bring the stores business along far enough to make it even cover the costs."

The decision to close the store, he said, wasn't easy.

"We certainly leave the area with a heavy heart and wish to thank all of the people that have shopped at our store over the years," Payne said.

The planning committee for the Downtown Revitalization Initiative will ask project leaders from seven project applications to make a presentation about their project at a future committee meeting, committee members decided during a meeting at City Hall this morning.

The projects are: 

• Carr's Reborn
• Ellicott Place
• Theater 56
• Healthy Living Corridor
• Healthy Living Center
• BID marketing/branding
• Public Market
• GO Art!

The committee is either looking for more information, to clarify other funding sources, to ask if the amount of DRI funding for the project could be reduced, or just to better understand the projects.

The DRI is a $10 million prize received by the City of Batavia from the state to help fund a variety of downtown projects intended to increase traffic and business in the city's primary business and cultural center.

Several other projects, the committee felt, were complete applications already and no additional information is required, such as Ellicott Station, Newberry Place, Jackson Square, renovations to the second floor of 206 E. Main St., and the Masonic Temple Building.

Six other projects were selected for a group submission; however, the applicants will need to go through a process similar to the state's Main Street Program, which provides funding at 75 percent of the project's total cost. Those projects include building renovation to 39-43 Ellicott St., Borrell Gym, facade work for 214 and 216 E. Main St., and Batavia Showtime.

This morning's conversation included some concern about some of the projects under consideration. 

Committee Co-Chairman Eugene Jankowski said he's hearing objections from local residents to using DRI prize money for the Healthy Living Center, which is a nonprofit, tax-exempt project. He said people felt the project backers, UMMC and the YMCA, being nonprofits, have other funding avenues not open to local business owners competing for DRI money. City Church Pastor Marty Macdonald shared the same concern and it was his perception that the project was well underway before the DRI award was made to the city.

Co-Chairman Steve Hyde said he was part of the project in its early stages -- he resigned after being selected for the DRI committee -- and he said organizers knew the city was applying for the DRI prize and that the potential of the grant was always part of the potential financing plan for the center.

There is also concern that the project is seeking $5 million, or half of the $10 million pie.  

Similar concerns were raised about the $3 million for the mall and $5 million for renovations to Ellicott Street (a median, plus pedestrian and bike paths).

Committee member John Riter expressed concern that both of these projects aren't far enough along and aren't able to provide the committee with enough information.

Hyde said the Genesee County Economic Development Center is taking a lead role in the revitalization of the mall and suggested that perhaps the mall should be included with a $1 million request to provide some start-up funds for the potential $30 million project. He said there is a developer interested but there needs to be some preliminary work done.

The committee appeared willing to consider that request.

The committee will present a list of projects totaling $15 million in requested funding and state officials will select the final winning projects for a total prize of $10 million. The current list is at $16,187,000.

      Jacqueline Saeli

Jacqueline M. Saeli, 52, of North Lake Road, Corfu, is charged with two counts of third-degree arson and one count of second-degree criminal mischief. Saeli is accused of starting a fire at 5:33 a.m. Jan. 6 at 8455 North Lake Road, Pembroke. The fire destroyed a shed and a Harley-Davidson motorcycle. Investigators say the shed and motorcycle were the property of her ex-boyfriend. The incident was investigated by Deputy Ryan Young, Investigator Christopher Parker, with assistance from the Pembroke Volunteer Fire Department and the Emergency Management Office. Saeli was arraigned and released under supervision of Genesee Justice.

Darcia Marie Golda, 46, of West Main Street, Batavia, is charged with third-degree grand larceny. Golda is accused of stealing more than $31,000 from her employer, Rite Aid, at 4155 W. Main St., Batavia, between October 2016 and September 2017.

David Allen Gurgir, 56, of Hulberton Road, Holley, is charged with two counts of conspiracy, 4th, and four counts of conspiracy, 5th. Gurgir is accused of working with two accomplices to purchase a truck and complete all of the associated paperwork under false pretenses.

Daniel L. Schmiegel, 32, of Basom, is charged with two counts of criminal possession of a weapon, 3rd. Schmiegel is accused of possession of an assault rifle and an ammo clip. Schmiegel was arrested by State Police. No further details released.

Maurice G. Leach, 41, of Batavia, is charged with resisting arrest, unlawful possession of marijuana, endangering the welfare of a child, fleeing a police officer in a motor vehicle, 3rd, aggravated unlicensed operation, using a vehicle without an interlock device, reckless driving. Leach was arrested by State Police in relation to an incident reported at 8:42 p.m. Thursday. No further details released.

Shannon L. Klinkbell-Hayday, 41, of Liberty Street, Batavia, is charged with petit larceny and falsifying business records. Klinkbell-Hayday allegedly made fraudulent return refunds at a business where she was working and then kept the return money.

Devin P. Hofert, 22, of Hutchins Street, Batavia, was arrested on a warrant. Police came into contact with Hofert during an investigation into a domestic incident. He was also allegedly found with a hypodermic instrument. He was jailed on $5,000 bail.

John A. Snook, 29, of Oak Orchard, Albion, is charged with first-degree criminal contempt. Snook allegedly violated a stay away order of protection by going to the home of the protected person. He was jailed without bail.

Freddie L. Cunningham Jr., 56, of Ellicott Street, Batavia, is charged with harassment, 2nd. Cunningham allegedly threatened harm to another person during an incident reported at 3:14 p.m. Tuesday.

Christopher Lynn Allison, 23, of Gaines Waterport Road, Albion, is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, and unlawful possession of marijuana. Allison was arrested after Deputy Ryan Delong responded to a report at 3:20 p.m. Wednesday to the 7-Eleven in Oakfield of a male unconscious in a vehicle.

A tractor-trailer rollover accident is reported in the area of 1074 Lewiston Road, Alabama.

The driver is out and appears uninjured. The road is blocked.

The product the truck is carrying is "all over the road." The product is alcohol.

Alabama fire responding.

UPDATE(S) (By Billie) 12:47 p.m.: The semi-truck was caught by a gust of wind and the passenger side wheels went off the roadway. The driver over-corrected, causing the rig to flip on its side. The roof then came off, spilling the cargo of $60,000 worth of liquor and wine. No injuries. More pictures will be posted later.

UPDATE 3:31 p.m.: The roadway is clear. All Alabama units are back in service.

The Sheriff's Office is investigating a pair of attempted break-ins to residences in Bergen, one in the Village and one in the Town, that occurred the night of Jan. 23.

In both cases, the would-be intruder or intruders failed to make entry into the homes.

One was an apartment on Gibson Place, the other a house on Creamery Road.

Investigator Andrew Hale said he believes the two attempted break-ins are related.

They happened within hours of each other.

There's little evidence at this point to identify a suspect.

What stopped the possible burglary on Gibson was a security chain on the kitchen door of the apartment. Whoever tried to break in got the door open but couldn't open it further because of the chain, Hale said. 

On Creamery Road, several windows were tried but none successfully opened.

Residents in the area are reminded to lock their doors and windows and be on the lookout for suspicious activity.

Anybody with information that may assist the investigation may call the Sheriff's Office at (585) 353-5000 and ask for extension 3570.

Three dozen volunteers turned out Tuesday night for a meeting at the Masonic Hall in Le Roy to learn about a new organization being formed by the Le Roy Rotary Club to help provide nutritious meals to members of the community.

Since Grace's Kitchen shut down in the Fall fo 2016, those with the financial or social need for free community meals haven't had a place to go, and Rotary members realized if there was going to be another community kitchen, they might need to be the ones to step up and make it happen.

"We felt there was a need in the community and that's what we do," said Tracy Ford. "Our motto is service above self."

Grace's Kitchen closed after Selby Davis left town. Davis operated Grace's Kitchen with oversight by the Le Roy Christian Community Project (LCCP). From 2011 to 2016, Grace's Kitchen served 100 to 125 people meals regularly, and 70 percent of those individual helped were elderly.

Meanwhile, there has been an increase in students participating in the LCCP's Backpack Club, which provides students with food bags to help them not go hungry between the time school gets out on Friday and begins again on Monday. About 35 percent of the students at Le Roy CSD are enrolled in the school's free or reduced-price meal program.

All of this, Ford said, points to an ongoing need for a meal program in the community.

To start, the Rotary Club, assisted by Foodlink, the Masons, local churches, the Boy Scouts, and other community groups, will serve a meal every other week at the Masonic Hall on Bank Street.

The first meal is scheduled for 5 p.m. on Tuesday, March 27.

To facilitate the sustainability of the program, the Rotary members formed a nonprofit corporation.

The directors are: Christine Gephart, president; James Ellison, VP; Tracy Ford, secretary; Benjamin Dragon, treasurer; and board members Samantha Vagg Lawrence Boylan, Joan Ellison, Lynda Lowe and Collen O'Connor.

Much of the food will be provided by Foodlink. Ford said local restaurants said they will assist with meals.  

Ford said there should be plenty of food donated to help keep the program going so the main thing the organization needs from community members who want to help is to show up and offer helping hands.

"Manpower is the one big need," she said.

Randy J. Heslor, 24 of 3991 Pearl Street Road, Batavia, is charged with petit larceny. Heslor is accused of eating a deli sandwich in a store on West Main Street, Le Roy, and leaving without paying for it.

Robert T. Hoffman, 38, 45 Gilbert St., Le Roy, is charged with criminal mischief, 4th, and three counts of endangering the welfare of a child. Hoffman allegedly pushed another person and stopped that person from calling police. He was jailed on an unspecified amount of bail. 

Aaron Maurice Jackson Jr., 27, of Andrews Avenue, Binghamton, is charged with aggravated unlicensed operation, 3rd, and speeding. Jackson was stopped at 1:14 a.m. Monday on Boardway Road, Bethany, by Deputy Jeremy McClellan.

Grand Jury Report: 

Foster M. Brandt is indicted on counts of felony DWI. Brandt was stopped Sept. 23 on Route 5 in the Town of Le Roy. He was convicted in 2013 on a charge of driving while ability impaired by drugs.