The duo accused of breaking into a house on Park Avenue in the city on Jan. 14 were indicted yesterday afternoon by the Grand Jury on three counts in connection with the alleged crime.

Nathaniel R. Davis, 18, and Akeem M. Simmons, 23, are accused of first-degree burglary for allegedly entering a house at 28 Park Ave. illegally with the intent to commit a crime, and one of the participants, Davis, was armed with a handgun. Both defendants are also accused of criminal use of a firearm, 1st, for allegedly possessing a loaded weapon during the commission of the crime.

No weapon was found on Simmons.

These are Class B violent felonies.

In count three, the men are accused of fourth-degree conspiracy, a Class E felony, for allegedly agreeing with one another to commit the crime.

The defendants were taken into custody in less than an hour after the burglary was first reported at 11:28 a.m.. Davis, who was allegedly armed, was caputured about 100 yards from the residence. Simmons was captured after a manhunt which lasted about 45 minutes.

According to Batavia PD Det. Rich Schauf, it didn't appear that anything was stolen.

Previously:

• Quick response to burglary in progress leads to arrest of two suspects
• Manhunt under way for Park Avenue burglar

Nikkia M. Phillips, 27, of West Main Street Road, Batavia, was arrested Wednesday afternoon on a bench warrant issued by Batavia City Court for alleged failure to appear at a previous court date on a charge of second-degree aggrevated unlicensed operation of a vehicle. She was jailed on $500 bail or $1,000 bond and is to appear in city court on March 12.

Christopher Lee Taylor, 25, of Frost Avenue, Rochester, was arrested today on a warrant out of Town of Elba Court for aggravated unlicensed operation of a vehicle, 3rd, and no/inadequate headlights. The violations allegedly occurred on Maple Avenue in Elba on Feb. 11. He was jailed with bail set at $250.

Justine Denae McWethy, 27, of Richmond Avenue, Batavia, was arrested Tuesday night for petit larceny for allegedly stealing $73.85 in merchandise from Walmart. She was issued an appearance ticket and is to appear in Batavia Town Court on March 27.

Ronald Louis MacGregor Jr., 45, of Washington Avenue, Batavia, was arrested Monday afternoon for petit larceny for allegedly stealing $29.88 in merchandise from Walmart. He was issued an appearance ticket and is to appear in Town of Batavia Court on March 27.

A garage fire was quickly knocked down within the last half hour at 2999 Batavia Oakfield Town Line Road. Oakfield fire responded, along with mutual aid from Town of Batavia and East Pembroke, and Alabama had a crew stand by in Oakfield's quarters. A portion of the roadway for eastbound traffic was also closed.

UPDATE 3:30 p.m.: All responders are back in service.

The temperature in Stafford early Tuesday morning was about 4 degrees.

Crista Boldt was on her way to work when she spotted four red birds in a ditch off Transit Road near East Bethany Le Roy Road.

"I thought they were pheasants," Boldt says.

When Boldt returned an hour later to see if they were still there, she found four domestic Red Star chickens huddled together and not moving. Boldt could tell they were suffering from hypothermia. She immediately placed the chickens in her van and transported them to her barn.

Boldt owns a horse farm in Stafford and she has eight horses. One of her horses is currently being boarded elsewhere for training. The one empty stall in her barn is now home to four lucky Red Star chickens.

"I was very upset when I spotted them," Boldt said. "I had to go back and get them, it just wasn't fair. They were left out in extreme temperatures and with no survival skills since they are domestic."

This morning Boldt noticed one the chickens has developed labored breathing and it might have pneumonia.

Dr. Catherine Homrig, a veterinarian at Pumpkin Hill Veterinarian Clinic in Byron says, "These domestic chickens are used for laying eggs and are usually found living in a coop. To ask them to fend for themselves in subzero weather in deep snow on the side of the road is beyond their ability."

Homrig says sometimes pet owners find themselves in financial trouble, having to move, or unable to care for their animal any longer.

"There are lots of situations," she says. "There are better ways and people need to be more compassionate about their animals."

The Genesee County Animal Shelter on West Main Street in Batavia does not accept chickens since they are considered a farm animal. 

According to Ann Marie Bradley, an Animal Control Officer with Genesee County, there are other options.

Abandoning your farm animal or pet along side a road is a misdemeanor charge under the the Ag and Markets law. Animal owners who are found guilty of dumping their pets or farm animals can face up to a year in jail and or a $1,000 fine or both.

Bradley says, people with farm animals can re-home the animal, process them for meat, euthanize the animal or take them to Lollypop Farm, a Humane Society in the Rochester area which is equipped to take in farm animal such as geese, ducks, chickens and horses.

Crista Boldt says her almost 7-year-old son Alex has become quite attached to the four chickens in her horse barn over the last few days.

"He already has names for each of them, Carla, from the 'Tractor Mac' book series, Chloe, Cluck and Claira."

Boldt will keep the rescued chickens at her horse farm until April 1.

After that a friend in the Pavilion area who is set up to take care of chickens, will be welcoming the four Red Stars to "Cluckingham Palace" where they will be cared for very well each day.

"We are always willing to give people advice by giving them information on other agencies that might be able to help," Bradley said.

Anyone who might need help or advice on what to do with an unwanted pet or farm animal can call the Genesee County Animal Shelter at 585-343-6410.

(Above picture provided by Crista Boldt.)

There's plenty of reason to be optimistic about the future of the WNY STAMP project in Alabama, Steve Hyde told members of the County Legislature during the Ways and Means Committee meeting Tuesday.

While Genesee County Economic Development Center must still secure a total of $33 million in financing to make the proposed high-tech manufacturing park "shovel-ready lite," there is plenty of buzz about the project among site selectors.

STAMP will be one of only a couple of locations in the nation, if not in the world, that could provide a major manufacturer with both 500 acres of property and up to 500 megawatts of electricity, Hyde said.

One of the nation's leading site selectors was at a conference in Denver recently and told Hyde there may be a very big project in the pipeline and STAMP is in the running.

"He said they have a really monster project developing, that New York will certainly be on the radar, but they said that STAMP is the one site, and maybe the only site in New York, that could probably accomodate it," Hyde said. "We're excited. We hope that comes through, but it's still very, very early at this juncture."

Hyde also said the governor's office is working on landing a project that would be "about the size of Muller" -- the yogurt plant in the Genesee Valley Ag Park -- for STAMP, but that New York is among four states competing for the project.

"It's competitive, but we're in the hunt," Hyde said.

STAMP is Hyde's big dream -- with the potential for hundreds of millions in local investment and 10,000 jobs. He called it "a game changer for our community."

He made his remarks during GCEDC's annual review for the Ways and Means Committee.  GCEDC will hold it's annual meeting at noon Friday at the college.

GCEDC operates on a $1.3 million annual budget, with $597,975 coming from fees paid by businesses that receive GCEDC benefits, $480,000 from the Local Development Corporation (a nonprofit operated by GCEDC that also receives fees for projects) and $215,014 from county taxpayers.

That $215,000 in county funding is perpetually controversial, but Hyde said it's essential to keeping GCEDC operating.

"That county contribution is only about 17 percent of our budget, but it gives about 8.5 professionals work that we hope you think is of value," Hyde said. "It's very important."

In 2013, GCEDC closed 28 projects that resulted in 270 pledged jobs, $29.9 million in capital investments and $1.7 million in grants for business and infrastructure improvements.

The biggest win for GCEDC over the past two years has been the ag park, which has seen the creation of two Greek yogurt plants -- Alpina and Muller.

Alpina pledged 50 new jobs and has already created 47, plus 33 full-time temp jobs that fluctuate based on production needs (and sometimes turn into new full-time, permanent jobs).

PepsiCo. / Muller pledged 186 new jobs in the first three years and 145 have been created so far.

Nearly 50 percent of the new hires at the two plants were Genesee County residents, Hyde said.

It's going to take a good deal more electricity to power an expanded Liberty Pumps in Bergen and adding more transmission lines to Appletree Acres will cost a bit of money.

To help pay for it, Genesee County Economic Development Center is proposing a financing scheme known as a PIF -- PILOT Increment Financing.

Liberty Pumps already has an approved PILOT (Payment in Lieu of Taxes) for its expansion, and a PIF reallocates some of their PILOT payments toward infrastructure payments.

In this case, GCEDC is proposing a 50-percent PIF, meaning the taxing jurisdiction will get half of the PILOT payments and half will go toward a fund to pay for the additional power lines and poles.

The cost of the electricity project is estimated at $150,000.

The power expansion will benefit all of Appletree Acres, making it more attractive to potential businesses considering the park and Village of Bergen residents, said Mark Masse, VP of business development for GCEDC.

It will also mean ratepayers in the Village of Bergen -- which has its own power utility -- won't see a rate increase as a result of infrastructure upgrade.

Of the 10-year period of the PILOT/PIF, the county will receive nearly $80,000 in PILOT payments and $80,000 will go to the electricity project. For the county, the gain/loss of $80,000 is not currently either a budgeted expense or budgeted revenue.

For the Village of Bergen the split is $17,600, and for the Byron-Bergen School District, it's $287,850.

All three jurisdictions will need approve the PIF.

Masse will explain the project to the Byron-Bergen School Board tonight.

A PILOT is a mechanism to relieve a new or expanding business of some property tax burden on projects expected to create new jobs. The property is either owned or leased by the nonprofit GCEDC so there are no property taxes owed; the business then makes payments in lieu of those taxes during the PILOT period. The payments increase on a graduated scale over a 10-year period, usually started at 20 percent of the increase in assessed value.

A PIF, then, takes those payments and allocates at least a portion to a specific community project.

The County's Ways and Means Committee learned about the PIF plan for Appletree Acres on Wednesday, but was not yet asked to vote on the project.

Liberty Pumps is planning to add 100,000 square feet of manufacturing and office space.

Longtime readers may remember I didn't work for a day or two in the summer of 2009 because of cataract surgery.

That was for the right eye.

That worked out pretty well because it made my right eye -- my camera shooting eye -- a perfect 20/20.

Now it's time for the left eye.

I go into UMMC this morning to have Dr. Li from University Eye replace my left lens with an implant that will bring to an end the foggy, triple vision of that eye.

Today, I'll be pretty much out of commission. Tomorrow, I'll take it easy. I expect to be shooting Notre Dame's basketball game in Buffalo on Saturday.

We have some coverage lined up for today -- including a couple of stories I actually wrote last night that will self-publish later this morning.

Billie will be around, of course, listening to the scanner (not that we have totally locked in the county's new system yet).

Lisa Ace will be holding down the fort in the office today, handling any site sponsor needs.

BTW: I've got to tell you what I think is a pretty amazing story, a modern miracle, from my visit to University Eye a few weeks ago. All summer and winter, my vision had been declining, even in my right eye. It turns out, the lens was fogged over. Dr. Li used a laser for less than 60 seconds, just a few zaps, to clear the cloudiness away. Within an hour of leaving the office, I was back to 20/20 again. The sudden change in vision felt quite literately like scales falling away from my eyes. Modern technology can just be so amazing some times.

I'm looking forward to being 20/20 in both eyes for the first time since I was about 14.

Washington Post: SAT to drop essay requirement and return to top score of 1600 in redesign of admission test

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) joined county and town highway superintendents to call for an additional $50 million in state funding to improve local roads and bridges. This funding is necessary to improve New York’s deteriorating local infrastructure, and will also create jobs related to infrastructure improvements. These roads cost each New Yorker an average of $1,600 in damage to vehicles because of roads in disrepair.

“After a particularly harsh winter, the importance of having well-maintained roads has become clear. We need to make sure that our roads and bridges are safe for the people who rely on them to go about their day-to-day lives. I stand with highway superintendents across the state in saying that our local roads do matter, and proper funding is critical to keeping them safe,” Hawley said.

This protest sign appeared for a time today in front of the Upton Monument at Main and Ellicott streets.

It's gone now.

The City Manager's office has the sign. If the person who placed it at the intersection wants it back and can prove ownership, it will be returned, County Manager Jay Gsell said.

"There's so many things that are not appropriate about that sign," Gsell said.

Such as: It was placed without permission; permission would need to be granted by the city, state and county; the veterans consider the location hallowed ground; nobody knows who placed the sign.

(The person in the picture is just a pedestrian who happened to be in the area at the time the picture was taken.)

The Salvation Army's Mobile Pantry Program begins in April. It will be held from 10 a.m. to noon on the first Wednesday of every month through December at the Salvation Army headquarters, 529 E. Main St., Batavia. You are welcome to come early at 9:15 a.m. for coffee and conversation.

The dates of the Mobile Pantry Program are:

• April 2
• May 7
• June 4
• July 2
• Aug. 6
• Sept. 3
• Oct. 1
• Nov. 5
• Dec. 3

Press release:

This Friday, March 7, at 7 p.m., the Rural Police Training Academy will enjoy a double celebration. As the most recent class of 22 graduates receives their completion certificates, the Academy itself recognizes its 25th Silver Anniversary.

Since being established in 1985, a total of 593 graduates including the current 2013-2014 class have completed the Rural Police Training Academy (RPTA) offered by Genesee Community College through the Division of Criminal Justice Services and The BEST (Business and Employee Skills Training) Center.

RPTA has evolved through its long distinguished history, and now the 11-month program provides basic training both to sworn members of police and sheriff agencies as well as training for pre-employed law enforcement officers.

The program requires 639 hours of training and the major curriculum covered includes Justice Administration, New York State Laws, Community Interaction, Mass Casualties and Major Events, Investigations and practical skills such as field note taking, report writing, case preparation, arrest processing, professional traffic stops and firearms training. RPTA offers a GCC college credit option and also veterans opportunities.

The 2013-2014 RPTA graduates include:

• SWORN OFFICER GRADUATES:Brittany N. Smyder, Caledonia Police Department
• Aaron M. Ellis, Corfu Police Department
• Chad R. Brady and James G. Frascati, East Rochester Police Department
• Joseph D. Loftus, Class Captain, Genesee County Sheriff's Department
• Andrew M. Carriero, Platoon Leader, and Shane G. Miller of Gowanda Police Department
• Edwin S. Bower II and Timothy P. Moulton, Holley Police Department
• Mark A. Bennetti, Platoon Leader, Le Roy Police Department
• Dylan D. DiPasquale, Mt. Morris Police Department
• Catherine M. Mucha and Conner T. Sanford, Nunda Police Department
• Bryant W. Ferry and Kevin T. Green, Perry Police Department

PRE-EMPLOYMENT GRADUATES:

• Ryan L. Andrews
• Jason S. Butterbrodt
• Andrew R. Fisk
• Joseph J. Renaldo
• Tyler S. Smith
• Zachery A Sobieraski, Assistant Class Captain, Platoon Leader
• Nathaniel P. Staines

Friday's program features a keynote address by Federal Security Director for Greater Rochester International Airport John P. McCaffrey. Other speakers include graduates of the RPTA program -- Batavia Police Chief Shawn Heubusch, and Sheriff Thomas Dougherty and Undersheriff Matthew Bean, both of the Livingston County Sheriff's Department.

The training programs offered by RPTA has assisted law enforcement agencies in numerous counties, including but not limited to Genesee, Livingston, Wyoming, Orleans, Allegheny, Cattaraugus and Monroe counties. Through the years as policing and public protection has grown more complicated, the program expanded to include a broad cross section of criminal justice topics. The focus, however includes the challenges of law enforcement in rural areas where resources can be limited, sending in backup support takes longer and officers usually cover much greater distances.

"Police protection in a rural community compared to a big city is quite different," said Ray Chaya, director of The BEST Center. "The Rural Police Academy was started by chiefs and sheriffs in the GLOW region who wanted a program that was familiar with the challenges faced by rural police. The larger number of miles means backup forces are farther away, and resources can be limited."

Some of GCC's most seasoned faculty and staff have been involved with RPTA since the earliest days. The late Richard (Dick) Tiede, who served as GCC's Public Safety director for nearly three decades, was a graduate of the first class in 1986. Barry Garigen, GCC's professor of Criminal Justice helped found the program in 1985. And Douglas C. Brooks, former assistant director of operations at College Village has been the RPTA director since 1987.

The program has many distinguished graduates with unique backgrounds. Among the graduates have been a father-son and a father-daughter team, at least two sets of brothers, and one married couple. Gowanda Chief of Police Joseph Alessi and his spouse, Detective Jennifer Alessi, are also graduates. In addition, RPTA offers excellent opportunities to veterans and not long ago one application was completed by a soldier in active duty from Iraq.

RPTA tuition is $3,750 not including the special supplies such as uniform and all applicants must meet a physical agility test. The 2014-2015 class begins April 15th and classes meet Tuesdays and Thursdays from 6:30 to 10:30 p.m. and Saturdays, 8 a.m. to 5 p.m. through February 2015.

For further information go to: http://www.genesee.edu/best/development/rural-police-training-academy/

Press release:

There are currently two water main breaks on Union Street near Robert Morris School and near the Notre Dame athletic field. Crews are on site to begin repairs.

About 150 students at Le Roy High Sschool are busy in rehearsals and stage set up for upcoming performances of "Legally Blonde: The Musical."

The show stars, above, John Snyder, Rachel Glucksam, Danny Weaver and Ashley Webb.

Performances are at 7 p.m. March 20, 21, and 22, in the auditorium at Le Roy HS. Tickets are available online at www.leroycsd.org and are $8 or $10 at the door.

The show is directed by Jacqueline McLean. She described the themes of the show as appropriate for school children in fourth grade and older.

"We picked the show because we had a lot of strong girls, but we also wanted to talk about some things in society that are a little controversial but important," McLean said. "The overlying theme of the show is the overall acceptance of people and people with differences. "

You could call it a springboard for spring rolls.

Paul Berardini is providing his cousin, Josh Gaylord, kitchen space at Big Pauly's Pizza, to launch his sushi business, Yume Sushi.

Gaylord had tried to secure financing to open a restaurant at the former Delavan's location on Evans Street, but that fell through, so Berardini stepped in to provide a launching pad for the aspiring entrepreneur and sushi chef.

"I can't thank him enough because obviously I tried doing it myself and it wasn't in the books for right now," Gaylord said. "I think starting out small is the best idea."

Space is cramped and the production needs of the pizza and wing cooks in Pauly's sometimes means Gaylord gets shifted from one table to another, but he has a place to start (rent free), his own phone line, a business name and checking account. He's in business.

And it's already quite a business. With more than 500 followers on Facebook, Gaylord is already fielding about as many orders as he can handle by himself.

"It's best to order ahead," Gaylord said.

Gaylord and a buddy started going to sushi restaurants in Buffalo and Rochester about eight years ago and decided they would learn to make sushi themselves with the hope of eventually opening a restaurant in Batavia.

"We just thought Batavia needed something like this," Gaylord said, but admits he wasn't very good at creating sushi dishes at first.

His friend eventually fell away from making sushi and moved to Flordia to escape New York's winters, but Gaylord stayed and kept learning.

He's entirely self-taught, but with recent special dinners at Sweet Ecstasy Bakery and just making sushi for friends in Batavia, he's developed quite a following. He hopes with the help of Pauly he can get his business rolling and eventually secure enough financing to open his own location.

"It's a passion of mine," Gaylord said. "I really like doing it. I like introducing new foods to Batavia. A lot of people think sushi is just raw fish. It's nothing to do with raw fish. Sushi means rice that's been vinegared with some sort of meat. It can be steak or chicken or even a vegetible."

Yume Sushi is open from lunchtime through 8 p.m., Tuesday through Saturday. Order ahead by calling (585) 297-9656.

Jason Lang, 30, of Liberty Street, Batavia, is charged with petit larceny, reckless endangerment, unlawful fleeing a police officer and reckless driving. Lang was arrested in Ontario County for an incident reported at 1 p.m. Monday at Pearl Vision in Eastview Mall. Lang allegedly stole two pair of Ray-Ban sunglasses valued at $358. He allegedly fled from police. He later turned himself in to the Genesee County Sheriff's Office. He was arraigned in Victor Town Court and jailed on $5,000 bail, $10,000 bond. (Source: Finger Lakes Daily News / Click here for previous coverage of Jason Lang).

Aaron Michael Bove, 23, of East Buffalo Street, Churchville, is charged with grand larceny, 4th. Bove allegedly stole $1,000 in cash from a business in Bethany while there cleaning the establishment.

A 16-year-old resident of North Bergen Road, Bergen, is charged with harassment, 2nd. The youth allegedly struck another student in the head during a class at Byron-Bergen High School.

Daniel Paul Hinca, 18, of Railroad Avenue, Alexander, John M. Francis, 20, of Vernon Avenue, Batavia, and a 17-year-old resident of Vernon Avenue, Batavia, are charged with unlawful possession of marijuana. The trio were allegedly found in the rear parking lot of 80 Vernon Ave., Batavia, following a complaint about people in a vehicle who appeared to be smoking marijuana. The three defendants were allegedly found in possession of a bag of marijuana and drug paraphernalia.

They say that championship teams peak at the right time of the year.

It’s March and things are coming together at the right time for Notre Dame, with one game separating them and a trip to Glens Falls after a 67-34 victory over Houghton Academy in the Section V consolidation game.

“The last six or seven games have been our best games of the season,” said Notre Dame Head Coach Mike Rapone. “That’s what you want. Hopefully the peak is going up and we don’t hit a plateau.”

One player that seems to be peaking is senior Alec Covel.

After reaching double-digits just once in the first 16 games of the season, Covel has scored in double figures in each of the last six contests.

In Saturday’s Class D1 final, Covel scored 11 points in the third quarter to help seal the win, but tonight he started the game hot to give his team the momentum.

“He’s been a work in progress all year,” said Rapone. “I’ve been trying to make him believe that he’s as good as I think he is. Now, he’s not hesitating. He got us started tonight. I’m glad to see him playing well.”

The senior forward got the Irish going, scoring seven of his 12 points in the first quarter as they used a 12-3 run to start the game.

“I haven’t been hesitating to let it go,” Covel said. “It just seems to be going down.”

Notre Dame jumped out to a 34-15 lead at halftime and cruised to the easy win.

Tim McCulley had another stellar game despite a slow start.

After going just 1-for-5 from the field for three points in the first quarter, McCulley slowly came alive to finish with a game-high 24 points.

“Their game plan was to keep him out of the lane,” said Rapone of McCulley. “He won’t force it. He just waits for them to clear and steps back. The one thing that he does that a lot of high school kids have lost is his pull-up jump shot. It just gives him another weapon.”

The senior reached the 20-point mark for the 14th straight game and surpassed 500 points for the season. He also added 12 rebounds, two steals and two blocks.

First-year senior center Charlie Herbert once again had a monster night on the boards, collecting 16 rebounds, with six coming on the offensive end as Notre Dame out-rebounded Houghton 50-23 for the game.

“He’s the difference between us being good and very good,” Rapone said of Herbert. “It gives us flexibility and substitution. At the beginning of the year I thought if we got three or four minutes out of him we’d be good. He’s so athletic and he’s like a sponge. Every time you tell him something he just soaks it up.”

Derek Brooks scored 18 points and grabbed five rebounds for Houghton Academy (12-11).

Notre Dame (19-3) advances to the Far West Regional to take on Section VI representative Sherman (20-1).

The Wildcats are outscoring their opponents by an average of 63 to 42 this season and are led by guard Andrew Graham (14.8 points per game) and Ryan Robson (12.8 points per game).

Sherman fell to University Prep in the Far West Regional last season 71-55.

Meanwhile, Notre Dame is making their sixth appearance in this game in school history, and last time was in 2012.

The game will take place Saturday at Buffalo State College, with tip-off set for noon.

Photos by Howard Owens

To order prints, click here (also, we've added a new product to the mix -- you can now order photo books of pictures from the complete gallery).

Slate: Andrew Jackson and the $20 bill

Roger L. Lashure Jr. is indicted for first-degree criminal contempt, a Class E felony. He is accused of violating an order of protection. It is alleged that on Oct. 8 in the City of Batavia Lashure slapped a woman in violation of the court order not to have contact with her.

The Grand Jury returned no bill against Steven A. Desmore, who was accused of two counts of criminal possession of stolen property, 3rd, for incidents which allegedly occurred Oct. 15 in the Town of Le Roy.