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Press release:

The Genesee County Economic Development Center (GCEDC) approved four projects at its June board meeting. They total approximately $2 million in investments as well as the retention of 91 jobs and the creation of 22 new jobs.

“All of the projects being considered by the board are investments in infrastructure which means the companies seeking benefits intend to be here for the long term,” said Steve Hyde, GCEDC president and CEO. “Companies typically do not invest in facilities and infrastructure without long-term plans so it is great to see this commitment to our region.”

Mega Properties, Inc., (Koolatron) is a Canadian company that manufactures, markets and distributes various portable thermoelectric cooler parts and components. The company is proposing to invest $775,000 in its operations that would retain 11 jobs and create six new jobs. Because the company is seeking more than $100,000 in incentives – in this case $190,000 – a public hearing must be scheduled.

Imagination Industries is seeking to build a 7,015-square-foot facility at 8240 Buffalo Road in the Town of Bergen. The multiuse facility will house an indoor firing range, training center, gunsmith services and a laser engraving business. The company plans to invest nearly $400,000 that would create 10 new jobs.  The project is allowable under state retail restrictions as the purpose is to make available services which would not be, but for the project, “reasonably accessible” to residents of the municipality where the project is located.  

The company is seeking a sales tax exemption of $19,970, a mortgage tax exemption of $3,750 and a property tax abatement of $63,195. The Board found that the project meets the goods and services retail clause in order to approve the application.

Reinhart Enterprises operates a 25,720-square-foot multi-commercial tenant facility on Liberty Street in Batavia. Due to flooding this past year, 4500 square feet of space was vacated. The company is looking to improve its facility and is planning a $206,000 capital investment for drainage and parking lot improvements to enhance the property for current and prospective office and corporate tenants. The company is seeking a sales tax exemption of $9,888. The investment would create three new jobs and retain 80.

Jackson Square LLC, the former Cars Warehouse which was built around 1880 in the area of the city known as Jackson Square, is proposing to convert the former structure into a mixed-use commercial and residential site. The ground floor will have flex office/light industrial and four new market rate apartments on the second and third floors. 

The City of Batavia is the current owner of building and will transfer the title to the Batavia Development Corporation for sale to Jackson Square LLC. The company is seeking a sales tax exemption of $24,816 and a mortgage tax exemption of $2,994 contingent upon Jackson Square LLC purchasing the building.

Should the U.S. collect data on citizens' phone calls?

CNN: Collection of phone records stirs debate: Valuable tool or 'beyond Orwellian'?

A vehicle is on fire on Main Road in Stafford and "going pretty good" according to a responder on scene.

The vehicle may have been involved in an MVA.

Stafford Fire Department is responding.

UPDATE 11:31 p.m.: It is an accident. The driver just requested an ambulance. Mercy EMS being dispatched.

UPDATE 11:36 p.m.: A deputy is on scene. A mailbox was destroyed at a residence.  The accident site is west of Hanson.

UPDATE 11:43 p.m.: The fire was under power lines. The flames weren't high, but they were hot. Dispatch is notifying National Grid to check the lines in the morning.

UPDATE 11:44 p.m. A chief now believes the lines did burn a bit and National Grid is requested to the scene now.

UPDATE 11:49 p.m.: Fire is out.

A caller reports that the porch of the residence across from his house on Thomas Avenue is on fire.

It's unknown if anybody is home in the house with the porch fire.

The location is across the street from 30 Thomas.

City fire responding.

UPDATE 10:41 a.m.: It's a BBQ grill, not a fire. City fire back in service.

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Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) will be joining a number of Assembly Minority Conference colleagues to hold a legislative hearing about the implementation of the recently enacted NY SAFE Act. The event will be held at the Amherst Town Hall Council Chamber in Williamsville at 11 a.m. on Friday, June 7 and will feature testimony from mental health professionals and representatives of county sheriffs and county clerks. The hearing will garner input from officials tasked with enforcing the new law in order to ensure that the safety and rights of New York’s citizens are being properly protected.

"The fallout from the SAFE Act has affected nearly every corner of this state," Hawley said." The controversial components have pitted law enforcement against county officials against state government, with the fate of the public hanging in the balance. It is my sincere hope that by bringing law enforcement professionals, county clerks, health experts and concerned citizens affected by this law together, we can all leave with a better understanding of how the SAFE Act affects us and how we can truly protect the safety of our communities as well as our constitutional rights."

Hawley recently held a local public hearing about the NY SAFE Act. In less than three months, a petition he circulated to repeal the law garnered 1,050 signatures from law-abiding citizens.

Charles D. Johnson is indicted on two counts of predatory sexual assault, a Class A-II felony, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, criminal possession of a weapon in the third degree, burglary in the first degree, criminal mischief, 4th. Johnson is accused of raping a woman in Le Roy on May 9 and using a knife in commission of the crime and threatening the victim with the knife. He is accused of breaking into the residence with the intent to commit a crime using a knife and of breaking a window screen to gain entry. The criminal possession of a weapon count is also based on a prior conviction for Johnson in the City of Buffalo on an obstructing governmental administration charge.

Stephen E. Johncox is indicted on counts of burglary, 3rd, and petit larceny. Johncox is accused of entering a building on Hebbard Road, Le Roy, with the intent of committing the crime of stealing deep cell marine batteries.

Matthew R. Smith is indicted on a count of rape, 1st, and sexual abuse, 1st. He is accused of raping a person in Alabama on Jan. 31.

Daniel L. Dioguardi is indicted on counts of criminal possession of stolen property, 5th, two counts of criminal possession of a forged instrument, 2nd, burglary, 2nd, and petit larceny. Dioguardi is accused of illegally possessing a Sony Playstation Vita and a game, "Unit 13." He's accused of possessing two forged checks, written out for $120 and $150. He is accused of entering a residence on North Lyon Street, Batavia, with the intent to commit a crime. He is accused of stealing prescription pills and cash.

Rowlan Gureje is indicted on two counts of criminal possession of stolen property, 3rd. Gureje is accused of possessing stolen Dell projectors with a value of $23,657 and stolen 3200 WXGA network projectors with a value of $18,025.

James R. Barnett is indicted on two counts of criminal possession of stolen property third and one count of criminal possession of a forged instrument, 2nd. Barnett is accused of possessing stolen Dell projectors with a value of $23,657 and stolen 3200 WXGA network projectors with a value of $18,025. He's also accused of of possessing a forged NYS driver's license.

Christopher W. Fowler is indicted on counts of felony DWI and felony driving with a BAC of .18 or greater. Fowler is accused of driving drunk Jan. 20 on Miller and Stegman roads. Fowler allegedly has a prior DWI conviction in the City of Batavia on May 20, 2010.

A flood watch is in effect for much of WNY through today and tonight.

From one to two inches of rain could fall by this evening, with as much as three inches in localized areas.

Creeks will rise and roadway ponding in low-lying areas is possible. Motorists are advised to drive with caution.

Lamar Iteef Randall, 27, of East Main Street, Batavia, is charged with criminal possession of a controlled substance, criminal impersonation, aggravated unlicensed operation and speeding (71 in a 55 mph zone). Randall was stopped for allegedly speeding at 5:50 p.m., Wednesday, on Clinton Street Road, Stafford, by Deputy Joseph Corona.

Paul W. Zambito, 64, of Kendall Road, Pavilion, is charged with forged inspection. Zambito was stopped by a Wyoming County Sheriff's deputy in the Town of Covington for an alleged expired vehicle inspection and no front plate. His vehicle inspection was allegedly found to be forged.

Cassi Ann Schutt, 26, of West Crest Drive, Rochester, is charged with petit larceny and trespass. Schutt was allegedly observed by security at Walmart shoplifting $270 in merchandise. Schutt was charged with trespass because she has been allegedly banned from all Walmart stores because of a prior shoplifting accusation.

Terry Ann Fulmer, 60, of Jackson Street, Batavia, is charged with petit larceny. Fulmer is accused of stealing $32.03 in merchandise from Kmart.

Daniel P. Ingraham, 44, of 12 Fawn Ridge Road, Henrietta, is charged with obstructing governmental administration, 2nd, and open container. After Batavia PD was dispatched to Austin Park to investigate a report of an intoxicated male, Ingraham was allegedly observed driving a 1990 red Chevrolet Blazer through the back parking lot of the police station. Ingraham parked and got out of the vehicle. Officers reportedly attempted to escort Ingraham into the police building for further investigation when he allegedly fled, running through Austin Park. He was apprehended on Porter Avenue. Ingraham was ordered held without bail pending his next court appearance.

Should physician-assisted suicide be legal?

Glenn Falls Post-Star: Vermont joins Washington, Oregon in allowing physician-assisted suicide

A car as reportedly struck a deer in the westbound lane of the I-490 near mile marker .06 and injuries are reported.

Le Roy fire and Bergen fire and ambulance dispatched.

UPDATE 7:20 a.m.: Minor injuries at most.

UPDATE 7:21 a.m.: Fire apparatus response cancelled. Le Roy Ambulance can handle. Only bruising from airbags reported.

Wanna box?

Now you can.

For the first time in a decade or more, Batavia has a gym with a boxing ring.

Hands Up MMA, like the name says, isn't just about the sweet science, but owner Joseph Bailey (top photo) said with his lifelong love of boxing and Batavia's once rich tradition of boxing, it was important to him to bring boxing back to the city.

Bailey is a fan of boxing, but his passion is for mixed martial arts and he believes that is a sport that will only grow locally and throughout the state.

"Some people view that sport as gruesome and violent -- those who don't have a full understanding of the sport, but it's just as competitive as rugby would be, or hockey or lacrosse," Bailey said.

The gym, which officially opened today in the Harvester Center, provides a well-rounded workout with bags, ropes, tires, climbing walls, for anybody interested in combat sports.

Several young fighters found the gym while Bailey was still building it and started working out with him. At least four of them are planning to compete for the first time in a MMA tournament in Rochester on Sept. 29.

"We offer training in kickboxing, jiu jitsu, wrestling, boxing and we try to incorporate it all together," Bailey said. "We'll also offer self-defense training and a course on knife and gun disarming that will be taught by a Green Beret."

The gym is already drawing a diverse group of people.

William Sutton is a Purple Heart-decorated Army veteran who honed his fighting skills by training to become an Army instructor in hand-to-hand combat.

During a tour of duty in Korea, he found boxing and MMA were big with the troops there. He was 13-0 as a boxer and 2-0 in MMA.

"Growing up in Batavia, it wasn't like it is nowadays," Sutton said. "Growing up in Batavia, a lot of times we would fight before school. We would fight after school. Fighting was a big part of Batavia. It's a tough town to grow up in. I've been fighting my whole life and I just continued that in the Army."

Sutton was wounded in Afghanistan and is now retired from military service. The injury and his commitment to the Veterans Administration prevents him from ever again fighting competitively and he's limited by military obligations in what he can teach, but working out in a gym of fighters appeals to him.

"Everybody who comes to an MMA gym seems to be just more humble," Sutton said. "People that go to a regular gym, you know, walk around trying to impress each other. At an MMA gym, all that BS is just put aside because we can put on the gloves and go in the ring. Put your hands up. Talking and stuff don't go here."

All his experience and success, though, puts Sutton in a position to help young fighters and he said he's always happy to train with them and answer questions and offer pointers to those willing to listen.

Bailey really hopes Hands Up becomes a vehicle for promoting boxing in Batavia. He plans to hold regular tournaments involving gym members that will be open to the public.

"Boxing used to have a big history in the City of Batavia," Bailey said. "The community is unaware of that and what I would like to do is get members of the gym to spare and promote boxing and hopefully get some viewers in to watch tournaments."

As we spoke, an older gentleman walked past the front windows and you could see his eyes light up as he looked inside.

There was little doubt, he was a boxer.

The first thing Robert Janes (top inset photo) did when he walked in was hit the speed bag. Later, he would say it was the first time in 13 years he punched a speed bag.

A native of Palm Springs, Calif., Janes was involved in Golden Gloves in the early 1970s.

Now living in Stafford and working pouring concrete, Janes was clearly thrilled to be in a boxing gym again and he said he can't wait to start working out there.

"I just want to stay healthy," Janes said. "I want to keep my head right. Any time I was ever in the gym, any time I was ever involved in any kind of organized boxing, I was good. Once I walked way from that, I was in big trouble. Now I'm 60 years old. I want to come back to it. I want to bring my granddaughter and my grandson into it."

NOTE: I want to do a story about the boxing in Batavia in the 20th Century. I have a copy of a book by Butch Zito, but I would like to find old pictures and other memorabilia. Few, if any, of the former boxers are still alive, but perhaps sons and daughters have memories about their boxing relatives to share. Write to me at howard@thebatavian.com.

William Sutton

Tim McCullough, from Batavia, and Sutton.

Also pictured in the slide show training is Josh McCarthy of Batavia (wearing yellow).

Wind and rain over the past few weeks are making muck farmers a little edgy about their onion crop for this season.

They know now they won't have a bumper crop, especially from fields planted with seed rather than transplants, but what happens with the weather over the next four weeks will be critical.

Following two-and-a-half inches of rain last week, they need some dry whether, but another inch of rain is forecast for tomorrow (Thursday).

"It would be nice if it were 80 degrees, sunny and a little bit of breeze," said Paul Mortellaro of G. Mortellaro & Sons.

On a tour of the muck today, Mortellaro pointed out the fields planted with transplants look pretty healthy. They're less susceptible to rain and the bigger plants are better equipped to respirate (pump off the water from the ground).

Fields planted with seedlings have been thinned out by wind -- wind can shear off an onion top -- or have been too saturated by water and there's been some die-off.

The right time for some rain would be when the onions start to bulb, which is three our four weeks from now.

"What determines the size of the onion is its size when it starts to bulb," Mortellaro said. "We need some good rain during that time."

Even with the slow start, the muckers could get perfect whether the rest of the season and enjoy a good harvest.

"Three or for weeks from now, this all could be forgotten," Mortellaro said.

"He's right," said Maureen Torrey of Torrey Farms. "We have a long way to go before our crops are made."

Beyond that, Torrey was hesitant to comment because she didn't want to jinx anything.

Christian Yunker at CY Farms said early indications are yields will be down this year, but how much depends on what happens with the weather the rest of the growing season.

Right now, he said, a lot of onions have "wet feet," and that inhibits their growth. Like other farmers of the muck, he's hoping tomorrow's storm doesn't do too much damage and then we get some dry weather.

"It's pretty early to tell, but we've taken a little bit of a hit," Yunker said. "They're not off to a great start, but it's too early to say your yield will be down to X."

Photo: A seeded muck field. The dead-looking plants in between the green rows of onions is barley, planted along side the onion seeds to act as a wind break. Once the onions reach a certain stage of grow, the barley is killed off.

When we e-mailed a series of questions to Steve Hyde seeking more details on the process by which tax subsidies were approved for COR Development to redevelop a portion of Batavia Towne Center, we also e-mailed five questions to Mary Pat Hancock, chairwoman of the Genesee County Legislature.

Under state law, in order for state sales tax abatements to be awarded to a retail development project, a finding must be made that meets a specified requirement. The finding must be made by the Genesee County Economic Development Center Board and confirmed by the chief executive -- in this case, Hancock -- of the government agency overseeing the IDA. 

For the COR project, the GCEDC board passed a resolution finding that the proposed retail project would provide goods and services not readily available to Genesee County residents.  The only confirmed tenant for the space at the time was -- and still is -- Dick's Sporting Goods.

Hancock said she was not available to respond within the deadline set by The Batavian. We received her answer today. Below are the questions we e-mailed and her e-mailed response.

Questons:

1. Did you conduct any independent research to substantiate the board's decision?

2. At the time you wrote the letter, what did you know about the proposed tenants for the retail space? Were the names of all the businesses communicated to you, and if so, was it your understanding that contracts had been signed or whether these businesses were just proposals?

3. On what factual basis did you base your decision to confirm the finding? What is it about the proposed businesses that caused you to reach the conclusion that they would provide goods and services not readily available in Genesee County?

4. What do you say to a comment such as Mike Barrett's, that tax incentives for retail are like "using your own tax money to put yourself out of business"?

5. Should the existing businesses in Genesee County that must now compete against subsidized national chains receive any tax breaks or other mitigation to level the playing field for them?

Hancock's Response:

Dear Howard;

I do appreciate your forthright and direct manner. It is refreshing. Howard, I am going to frame my reply by indicating how I proceeded to educate myself regarding the proposed project. I hope it covers the intent of your request.

The Legislature does appoint the GCEDC Board. We believe they are a group of outstanding citizens with very strong business sense…as demonstrated by their own careers. They are also committed to the economic health of our community, or they wouldn’t be spending hours of their valuable time volunteering on the GCEDC Board.  Because they have a strong business sense, they also have a very strong respect for the law and carefully follow the latest and most accurate legislature and regulations guiding IDAs. I attended the meeting where they discussed the issue thoroughly. At a subsequent meeting they voted in favor of proceeding with the project.

The Legislature has an attorney. It would be foolhardy for me to sign an official letter without checking the legality of the document with our attorney. He is a careful attorney and checks out his information on many levels. He researched the law and provided me with a copy of the statute as recently amended. He also gave me his written opinion as to the requirements of the law and its application to this project. I was assured that we were acting within our legal rights.

The Genesee Economic Development Council (sic) was required to hold a public hearing and make specific findings of fact before awarding incentives, and did so on this matter.   I did attend the hearing and heard a positive presentation and only six persons spoke against the development.

Howard, I remember how that area looked before the development. It was sad. The lack of development in that area did not result in a healthy Batavia downtown. It looks, and is, more vibrant now, not only in that Town of Batavia area, but downtown as well. We hope to keep it that way…and better. I am most hopeful and confident that each step we take to attract new and suitable businesses to our area…will benefit all of us. Howard, I know you and I share the same desire for a successful, livable, and economically healthy community. We may not agree on everything, but our goals are surely the same.

A second person has been accused of illegally growing marijuana in Le Roy following a raid Friday of a residence on East Main Street, across from Wolcott School.

Charged with unlawful growing of cannabis, a Class A misdemeanor, is 33-year-old Michael J. Penvose.

Penvose was in the news in April after he was accused of stealing a thermometer from Le Roy's Dollar General store. Penvose told officers he stole the thermometer because he had a sick infant daughter. A Le Roy police officer purchased the thermometer for Penvose.

Members of the the Local Drug Enforcement Task Force, assisted by Le Roy PD and Sheriff's deputies, executed a search warrant on the Penvose residence and because of the uncertainty of what might occur during a law enforcement raid, officials asked that students at Wolcott "shelter in place."

Penvose was also cited for alleged unlawful possession of marijuana and issued an appearance ticket on both charges.

Sara Schimley, 23, was home at the time of the raid and also charged with unlawful growing of cannabis, a Class A misdemeanor, and unlawful possession of marijuana.

A tractor-trailer fire is reported on the Thruway near mile marker 381 in the westbound lane.

At least one caller has reported the fire. It's not known what cargo the truck may be carrying.

Le Roy Fire Department is responding.

Mile marker 381 is just west of the West Bergen Road overpass.

UPDATE 5:09 p.m.: A chief on scene reports there is no fire. The truck driver is having mechanical trouble.

Local runners today carried the Special Olympics torch into Batavia down Route 98 from Elba.

First grade students from throughout Genesee County made a field trip today to Post Farms in Elba for the Farm Bureau's annual "Dairy Days" educational event.

The 645 students were able to meet cows, calves, goats and meats, sample honey, dairy products, play in different soils -- and with worms.

Dozens of parents along with teachers -- 125 adults total -- also participated in Dairy Days, which each June for Dairy Month.

Jeff Post said it's important to help children learn about where their food comes from.

If you don't educate children about farming early and often they just grow up not knowing and not caring about where their food comes from and that doesn’t coincide with what we’re trying to do on a daily basis," Post said. "We’re trying to create friends of agriculture and not people who don’t know why they need to follow a tractor slowly down the road on their way to work or why it might smell like manure outside."

To purchase prints of these photos, click here.

Abigail Engel is looking for help locating her lost 4-year-old cat. The feline has been missing for several days now.

He usually just stays inside her Darien home and has never been outside for 24 hours before.

The cat belongs to Abby's brother, who is presently stationed in Japan.

Anybody with information can call (585) 813-5508.