batavia

A driver injured in an accident after he allegedly failed to stop for a deputy on Batavia Stafford Townline Road was jailed on $15,000 bail after he was released from the hospital Friday.

Keith Edward Povitch, 29, of Coward Road, Byron, was charged with felony DWI, criminal possession of a controlled substance 7th, refusal to take a breath test, failure to yeld right of way to emergency vehicle and failure to keep right. 

The incident started at 4:08 p.m. after Deputy Brad Mazur allegedly observed Povitch's car blow through a stop sign at Batavia Elba Townline Road.

Povitch allegedly failed to stop after Mazur turned on his emergency lights.

As Povitch allegedly attempted to flee, he lost control of his car on Batavia Stafford Townline Road.

Mercy EMS transported Povitch to UMMC with facial injuries.

Upon his release from medical care, Povitch was arraigned in Batavia Town Court and then jailed.

(Initial Report)

When I stopped in to Bourbon & Burger Co. this afternoon, co-owner Derek Geib said, "You want to try a clear whiskey? It's the smoothest whiskey you'll ever drink."

He poured me a shot and I took a sip -- it was good. On my first taste, I thought, there's nothing to it, it's water. But the finish retained that satisfying whiskey burn, followed by a lingering vanilla sweetness. A nice complex flavor that is smooth, but still with some bite.

The whiskey is called Kansas Clean, and it's distilled in Kansas and not sold much outside of America's middle state.

After Geib heard about Kansas Clean through a friend, he contacted the distiller's CEO and she helped find a distributor in New York who could get it bottled and shipped to Bourbon & Burger -- making Bourbon & Burger the first, and so far the only, bar in New York to serve Kansas Clean.

Pierce Malone, a 10-year-old Batavia boy, has suffered since birth from Neurofibromatosis (NF for short), a nerve disorder which causes tumors to grow anywhere and at any time throughout the inside and outside of his body. Pierce currently has multiple tumors throughout his body, including many on his brain and spinal cord.

A 7-inch tumor has recently been discovered in Pierce's throat. It has started to wrap around the two main arteries that supply the brain as well as his verterbrae, and is very close to his voice box. Doctors at Strong Memorial Hospital are extremely concerned about this, and Pierce is in desperate need of surgical treatment. However, the doctors at Strong are not equipped to handle the treatment, and there are no NF clinics in the area.

There is one doctor at an NF clinic in Boston who specializes in throat tumors. The doctor has been contacted, but unfortunately Pierce's insurance would not cover the cost of the treatment and the family is unable to afford the procedure without assistance.

To raise funds for Pierce's procedure, local entrepreneur Jason Lang has organized two benefits through his businesses. Throughout the month of January, patrons of the Batavia Cab Company will be asked to donate $1. At the end of the month, Jason will match all donations up to $2,500. Additionally, on January 29th, The Laughing Buddha tattoo and piercings shop will host an event called "Piercings for Pierce," the proceeds of which will go toward the treatment of Pierce's throat tumor. 

For more information regarding the benefits or to make a donation, contact Jason Lang at the Laughing Buddha at (585) 250-4175 or visit the "Passion for Pierce" page on Facebook.

Officer Jay Andrews, who started with the force 24 years ago, hung up his badge today.

His retirement party was attended by people from through the local law enforcement community, not just the Batavia Police Department.

Andrews, who started his career in Wyoming County, including four years with the Attica PD, plans to work with Habitat for Humanity in the near term and then take off with his wife on their motorcycles in the spring and summer and see a bit of the country. After that, well, he's still deciding what to do next.

As a young man, Andrews -- originally from Boston, N.Y. --  worked in foundries, operating blast furnaces, but when the steel plant he was at in Erie County closed, he was out of work for six months. He eventually landed a job in Rochester and worked there for four years, but decided to take the civil service exam and apply to become a police officer.

The Wyoming County Sheriff's Office hired him and put him through the police academy and then he joined the Attica PD, but when there was talk in Attica of shutting down the PD there, he applied for a job in Batavia.

He said it's been a good run.

He was a founding member of the Emergency Response Team (commonly referred to as SWAT), eventually training other officers. He also supervised the armory and was a firearms instructor.

“I got to do a lot of different things for the department, a lot of opportunities that that a lot of people don’t get in their careers," Andrews said.

Andrews believes the Batavia PD, which has seen an influx over the past year of rookie officers, will do just fine after he's gone. He said there's a wide range of expertise in the department and a lot of really good people.

"It’s a fine department," he said. "They won't miss a beat. The department will do well and the city will be in fine hands with these young guys."

Brian and Beth Kemp have moved their successful apparel business to Downtown Batavia, and are sure glad they did.

"We liked the location and needed more space," said Brian Kemp, whose T-Shirts Etc. started in the Harvester Center more than 14 years ago. "We thought it would be good to be more central, right downtown. The atmosphere is awesome and we're more visible."

In just two weeks since the move, Kemp said, he's already seen an increase in T-shirt sales and picked up a few new customers.

T-Shirts Etc. offers custom printing on clothing, embroidered items, decals, banners, canvas prints of photographs, plus a variety of promotional products.

The front of the store is retail space selling T-shirts and sweatshirts with a hometown flair, from Batavia Blue Devils T-shirts to sweatshirts with the city seal on the front.

It's also a place where Brian and Beth have hung dozens of their own paintings.

The old location on the corner of East Main Street and Harvester Avenue seemed to get overlooked by a lot of people, he said, but now more people are stopping in the store on a daily basis.

The new location is 110 Main St., which sat vacant for a couple of years after Main Street Coffee closed.

Kemp said they're happy to finally be part of the BID (Business Improvement District) and look forward to participating in popular events such as Summer in the City and the fall Wine Walk.

An Elba resident is accused of stealing Crest Whitestrips from a local pharmacy and then selling the packages at Pawn King.

Jason Ray Anderson, 30, of Oak Orchard Road, is charged with five counts of falsifying business records in the first degree and petit larceny.

Anderson allegedly stole at least five packages of the dental-whitening product over the course of two days, Dec. 14 and Dec. 15, and then took the stolen items to Pawn King and signed documents stating he legally owned the packages.

Anderson was issued an appearance ticket, returnable to Town of Batavia Court at 1 p.m., Feb. 9.

Thomas J. Hutton, 28, 9624 Clipnock Road, Stafford, is charged with forcible touching and endangering the welfare of a child. Hutton is accused of forcibly touching/grabbing the intimate parts of a person under age 17 in October. In a separate incident, Hutton is accused of offering cigarettes to a child under 17 in exchange for a sexual act. Following arraignment, Hutton was placed under the supervision of Genesee Justice.

Carrie Quashaye Blunt, 19, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny and unlawful possession of marijuana. Blunt is accused of shoplifting from Walmart. Blunt was taken into custody following an alleged verbal confrontation with a store employee. During the investigation, Blunt was allegedly found to have marijuana concealed in her purse.

The hit man was named "Shootout" and the target was an alleged criminal associate of two brothers sitting in the Genesee CountyJail. But the simple plan turned out not to be as simple as the brothers reportedly hoped.

"Shootout" couldn't make it to New York, and when the brothers allegedly found another hired gun, it turned out they were allegedly handing their money over to an informant for the Sheriff's Office.

The details of a murder-for-hire case came out in county court today when Justin Barker, 22, one of the brothers allegedly involved in the gruesome plot, entered a guilty plea to the conspiracy charge.

The charges against Derrick Barker, right, are still pending.

Justin entered an "Alford Plea," which means he acknowledges a jury would likely find him guilty of the crime based on evidence presented by the prosecution, but does not admit actual guilt.

The plea requires the prosecution -- in this case, Assistant District Attorney Will Zickl -- to recite the evidence against the defendant.

Zickl said that, in part, the prosecution has copies of notes passed back and forth between Justin and Derrick, an audio recording of Justin and Derrick discussing their alleged plans with a person who turned out to be an informant, and information on the money obtained by the brothers. The prosecution also says it has photographic evidence of the money being turned over to the supposed second hit man, who turned out to be working for the Sheriff's Office.

The original plan, according to Zickl, was for a hit man named "Shootout" to travel from Georgia to New York and kill Benjamin Santiago Jr., who was arrested with the Barker brothers June 2.

The brothers allegedly believed that Santiago had provided information to the police about their suspected criminal activity.

When the brothers allegedly could not secure the services of "Shootout," Derrick allegedly asked another Genesee County Jail inmate -- who was already working with authorities -- if he knew anybody who could do the deed. The informant said he did, but that it would cost the Barker Boys $600 to get the job done.

"The Sheriff's Office observed the $600 being handed over to the cooperative associate and the money was then turned over to the Sheriff's Office and held for evidence," Zickl said.

While Justin did not admit factual guilt to the conspiracy charge, he did plead guilty to a count of  burglary, 3rd.

Justin admitted breaking into the Beaver Brothers Restaurant at Darien Lake Theme Park in September 2009.

Justin Barker, who is facing a two- to six-year prison term, is being held in the jail pending sentencing without bail.

A 29-year-old Genesee County resident with multiple arrests over the past couple of years could get up to five years in prison as part of a plea deal.

In county court on Thursday, Robert J. Eppolito, most recently of Church Street in Le Roy, entered a guilty plea to criminal contempt, 1st, with a negotiated prison term of one to three years.

Eppolito is also charged with assault, 2nd, for allegedly punching and kicking a person during a confrontation in September in Le Roy.

Public Defender Gary Horton, representing Eppolito on the assault charge, said a plea agreement is in place, including a plea on the criminal contempt charge, that could lock Eppolito up for a maximum of five years.

The two sentences -- for criminal contempt and for the alleged assault -- would be served concurrently.

Eppolito is expected in court next week to answer to the second-degree assault charge.

The cases are separated because they are unrelated.

In court Thursday, Eppolito admitted that he violated a court order by being with a protected person and by drinking alcohol.

Sentencing will take place at 9 a.m., April 23.

Eppolito is being held in the Genesee County Jail.

Scott Michael Combs, 39, of Brockport Holley Road, Holley, is charged wth DWAI-Drugs, moving from lane unsafely and driving across hazardous markings. At 4:11 p.m., Monday, the Sheriff's Office received a report of a black sedan operating erratically in the Village of Oakfield. Deputy Chad Minuto located the vehicle and initiated a traffic stop. Combs was allegedly found to be driving while under the influence of drugs.

David Wayne King, 54, of Batavia Oakfield Townline Road, Batavia, is charged with petit larceny. King is accused of shoplifting from Walmart.

A 16-year-old of Central Avenue, Batavia, was arrested on a failure to appear warrant out of Town of Batavia Court. She was allegedly supposed to appear on a petit larceny charge.

An arrest has been made in the case from September of an employee's purse being stolen at UMMC and the credit cards being used at Batavia stores.

Kiara K. Asante, 21, of 478 Tremont St., Rochester, is charged with forgery, 2nd, criminal possession of stolen property, 4th, criminal possession of stolen property, 5th, and attempted petit larceny.

Asante is currently an inmate in Monroe County Jail and was transported to Batavia City Court yesterday where she was arraigned and returned to Monroe County, where she faces similar charges.

Police believe Asante and two male associates were traveling the state, entering hospitals and colleges and stealing wallets and purses and then using the credit cards. 

Asante and her associations allegedly entered UMMC on Sept. 11, took a purse and then used, and attempted to use, the credit cards at Batavia businesses.

A 41-year-old man suspected of other property crimes is facing a new burglary charge following an investigation by the Batavia PD into a break-in Dec. 10 at a residence on Thorpe Street.

Charged with burglary, 2nd, is Eric P. Doleman, no permanent address.

Doleman is accused of making forced entry while the residence was unoccupied and stealing a number of wrapped Christmas presents.

For a time about a year ago, Doleman reportedly lived in an apartment on Thorpe Street.

Doleman, currently being held without bail, is also accused of joining with a partner, Frederick H. Robidoux Jr., 49, no permanent address, and breaking into a residence at 10 Maple St., Batavia, Dec. 29.

He is also a suspect in a car break-in at Tops Market on Dec. 13.

A motor-vehicle accident has been reported on Wilkinson Road near the railroad tracks.

It's unknown if there are injuries.

East Pembroke Fire Department and Mercy EMS dispatched.

UPDATE 9:22 a.m.: A firefighter on scene helped push the car out of a ditch and the car continued on its way. No damage. No injuries. All emergency response cancelled.

Press release from Genesee County Economic Development Center:

Premiere Credit of North America, LLC, a leading national accounts receivable management company headquartered in Indianapolis, Ind., is expanding its operations and opening a call center located on Mill Street in the City of Batavia. Premiere Credit has signed a lease for 8,500 square feet, with the option of taking the total 13,500 square feet of space. Premiere Credit expects to employ 50 people at the Mill Street location and plans to be up and running by March 1 or sooner if possible.

“Premiere Credit is a dynamic and growing company. We are excited to open a call center in this location and look forward to welcoming 50 residents of the City of Batavia and the surrounding area to our team,” said Rob Meck, Premiere Credit president and CEO.

“This is not only a win for Batavia, but a national win; outsourcing of call center jobs has been going on for years, keeping these positions in the United States is ideal,” said Steve Hyde, president and CEO of the Genesee County Economic Development Center. “It genuinely shows the quality of Premiere Credit as a leader in corporate responsibility. We welcome them to our community."

“We are thrilled Premiere leadership was able to recognize the talent, value and willingness of Batavia to support their business growth," said Jason Molino, city manager. “Mancuso’s ability to sell our community and Harris’ patience to land a call center tenant does not go unnoticed either.”

Premiere Credit contracted with CB Richard Ellis (CBRE) to find a suitable location to open its new call center. The request for proposal, seeking locations in Western New York, led to interaction with Chris Suozzi, VP of business development at GCEDC, who worked with CBRE to bring Premiere Credit to the Mill Street location.

After visiting many different sites throughout Western New York, Premiere Credit decided that Batavia was the best location.

“Given the variables of the project this was the ideal setting,” Suozzi said.

Suozzi and Tony Mancuso of Mancuso Commercial Reality have been working together since 2009 to fill this location.

“The Mill Street location, owned by Harris Mill Street Properties, has been vacant since July of 2009,” Mancuso said. “I was thrilled at the opportunity to show the building and believed it is the perfect fit."

Suozzi and Mancuso engaged Julie Pacatte, economic developer of the Batavia Development Corporation (BDC), and Louis Lopez, Business Services representative of the Department of Labor, to further assist with the project.

“The collaboration of GCEDC, BDC, Genesee Career Center, Mancuso Commercial Realty and Harris Properties sends a strong unified message that significant support is available for business in the City of Batavia,” stated Ray Chaya, BDC board president.

Dave McCarthy, a resident of Grandview Terrace in Batavia, had a special visitor today -- a fox decided to help himself (or herself) to suet on the snow. (Photo courtesy McCarthy.)

In an effort to grapple with ever increasing retirement and healthcare costs, along with maintaining the city's contingency funds, Batavia City Manager Jason Molino is recommending a property tax increase for fiscal year 2012-13.

The proposed budget increases the tax levy by 4.32 percent, or $241,221, to cover anticipated expenses of $15,758,611.

The increase is about $4,000 less than allowed under the state's tax cap law, according to Molino's budget message.

The rate would become $10.94 per $1,000 of assessed value, or $37 per year, or $3 per month, on a home assessed at $80,000.

Near the end of his budget message, Molino, a huge hockey fan, writes, "Put in perspective, Time Warner Cable increased the standard cable rate December 1, 2011 by $4.55/month or $54.60/year, and now you can’t watch the Sabre’s games."

Molino writes:

However, as stated in this message the City is faced with challenging decisions due to detrimental increases in state mandated costs. Use of reserve funds have been tapped to larger extents this year as fixed costs in retirement and healthcare surge, and needed equipment replacements and sidewalk repairs are required. In addition, for the first year in the last five, it is proposed that the City utilize unappropriated/unreserved fund balance to assist with balancing the budget.

State aid for municipalities will likely be reduced again, Molino said.

Retirement contributions are expected to increase 15 percent over the previous fiscal year, or by $182,000.

Healthcare is expected to go up 16 percent, or $256,000 over the prior year.

Much of the healthcare increase is being driven by an increase in health insurance for retirees.

Even with the increase in taxes, the city will need to tap $100,000 from its undesignated reserves to help balance the budget.

The budget also includes setting aside funds for future, potentially larger, increases in retirement and healthcare costs. Those reserves built up in previous years will be tapped in this budget for $65,000 apiece.

"The State’s woes cannot be an obstacle to the City’s success, and this budget continues to put our best foot forward by building our great City to its fullest potential," Molino said.

Designated reserves for equipment replacement ($210,000) and sidewalk repair ($75,000) are also expected to be used in 2012-13.

The undesignated fund balance as of March 31, 2011 was  $493,273, which Molino said is far below the NYS Comptroller’s recommended levels of 5 to 10 percent of general fund operations, which would mean a healthy reserve would be $750,000 to $1.5 million.

The city will need to spend $36,000 on a new phone system, according to the budget message. The current system was scheduled for replacement in 2009 but wasn't. Its manufacturer will discontinue support for the system this year, making repairs more expensive and less reliable.

Water rates will go up 3 percent, if the proposed budget is approved, to $4.44 per 1,000 gallons. Water customers will also pay $8-per-year for anticipated infrastructure repairs and improvements. The fee increases 50 cents year-over-year.

There are no anticipated adjustments to the sewer rate.

In the conclusion of the budget message, Molino writes:

It is strongly encouraged that the City Council considers the proposed tax increase in order to safeguard against significant increases in retirement, healthcare or other costs. While it is understood that a property tax increase is not a popular decision, approving a modest property tax increase complemented with an increase in the contingency account may avoid the need for a more drastic tax increase in following years, which may require overriding the tax cap.

To read the budget message, click here (pdf).

Photo: City Hall photo, file photo.