batavia

Francis Smith, whom Judge Robert C. Noonan characterized a "one-man crime spree in our community," is going to prison for a decade.

Smith, 19, was caught in the act of burglarizing a home on Washington Avenue in the city on New Year's Day. He immediately became a suspect in a series of other burglaries in the South Main Street area and eventually entered a guilty plea to two counts of attempted burglary, 2nd.

He was facing a maximum sentence of 14 years in prison. Noonan gave Smith two consecutuve five-year terms.

As it turned out, the only thing in the box was perfume being returned to QVC, but being left out in the open as it was, local law enforcement didn't want to take any chances.

The box was placed under a mailbox behind M&T Bank and City Slicker's in the Court Street Plaza.

The suspicious package was reported to Batavia PD at 8:30 a.m.

The State Police Bomb Squad was called and a robot was deployed to cut the box open and take a look inside.

The area was cordoned off for more than an hour during the operation.

"In this day and age you can never be too careful of anything that looks out of the ordinary," Officer Eric Hill said. "Most people would return those to the post office if it didn't fit in the mailbox, so that's why we were initially suspicious of the package."

Batavia PD is on scene behind City Slicker's investigating a suspicious package.

Photo provided by a reader.

All five members of the Genesee County Economic Development Center Board present for today's meeting voted yes on $1.8 million in tax breaks for COR Development to help the Syracuse-based company bring national retailers, such as Dick's Sporting Goods, to Batavia.

Legislator Shelly Stein, who sits on the GCEDC board, praised COR for all it's done for local schools and the community by generating new tax revenue.

While she said she agrees with much of what speakers said at Tuesday's public hearing on the proposed abatements, particularly about the current state of affairs in New York, she considered the proposed development a "great win for the county, the town and the city." 

New York's high tax rates, she said, makes such incentives necessary.

"I thank you for bringing this project forward," she said to COR VP Joseph B. Gerardi. "That 18 million of investment, and not asking for that PILOT to restart at zero and start at 40 percent, makes a lot of sense for us."

Board Member Jim Vincent said that clearly the public doesn't understand what GCEDC does.

"The public comments signify that we've still got a way to go to convince the populace of Genesee County about what we do and why we do it," Vincent said. "I appreciate projects like this coming forward because in my opinion just the sales-tax factor alone adds an annuity to reduce the tax burden on every business, farm and family that resides in Genesee County."

No other board members spoke.

After the vote, GCEDC CEO Steve Hyde thanked the board for approving the project.

"Just to remind everybody that inside the resolution, the predominate finding was that this was a unique facility project to meet the retail restrictions under the law," Hyde said. "This is the only 36-acre major shopping center inside this entire county. As the law states, this is the opportunity to bring more, varied shopping offerings and services to the community and without this particular project, as the law states, the availability of these broader services and offerings would not be readily accessible to the residents of the community.

"Hence, that was really the underlying basis of the retail restriction and the request for the board to consider, because at the end of the day, we're trying to attract large-scale, tech-driven manufacturing here. ... The last thing you want to do is have a large, empty building while we're showing our community."

John L. Rizzo and Mary Ann E. Wiater were not present at today's meeting.

Voting yes were Stein, Vincent, Charlie Cook, Wolcott T. Hinchey and John F. Andrews.

COR estimates that the four possible tenants -- which COR has previously confirmed includes Dick's Sporting Goods -- will generate more than $16 million in annual gross sales and the four tenants will likely invest $11 million to get their stores open.

After the meeting, walking down the hall, we tried to ask Gerardi why $1.7 million in tax breaks are necessary when the revenue estimates and total capital investment indicates there is market demand for the project. He said questions needed to be directed tomorrow to the company's CEO, Steve Aiello, and made a sharp left turn into the men's room.

Aiello has not previously returned calls nor answered e-mails from The Batavian.

No citations were issued to either the driver or pedestrian involved in an accident Monday morning at Main and Oak streets.

Batavia PD investigators determined neither people were at fault because a third vehicle blocked the views of both the driver and the pedestrian.

Amber M. Richmond, of 20 Washington Ave., Batavia, suffered a broken leg in the accident.

The driver is identified as Mallory P. Frew, of 322 E. Main St., Attica.

The State Police assisted in the investigation.

Investigating officers were Chad Richards, Sgt. Eric Bolles, Thad Mart, Arick Perkins and Eric Hill.

Daniel T. Gannon, 52, of 215 Liberty St., Batavia, and Deborah A. Monte, 48, of 210 Liberty St., Batavia, are both charged with disorderly conduct. Batavia PD responded to a report of two people fighting on Liberty Street at 11:30 p.m., Wednesday. After officers arrived, Gannon and Monte allegedly continued to threaten each other.

Terrell D. Bloom, 22, of West State Street, Albion, is charged with petit larceny. Bloom was arrested on a Town of Batavia warrant by Albion PD and handed over to the Sheriff's Office. He was arraigned and jailed on $500 bail.

Dakota M. Smith-Neal, 21, of 20 S. Main St., Batavia, is charged with arson, 5th. During an alleged domestic incident, Smith-Neal allegedly tore pages from a personal journal belonging to his girlfriend and set them on fire while in front of the residence. Smith-Neal was jailed on $1,000 bail.

Roger Parkhurst provided Rep. Chris Collins with a tour of the Alpina Foods plant in the Genesee Valley Agri-Business Park today.

Parkhurst, left, gave Collins, who sits on the House Agriculture Committee, an overview of Alpina's history, the Greek yogurt market in the United States and the process Alpina uses to make yogurt locally.

The plant started production in October and Parkhurst said the operation has already grown to what it projected for its second year of business. There are 55 permanent employees with Alpina locally, and to help meet production demands, the plant uses up to 100 temporary employees at times.

There are already plans on the drawing board to expand the plant.

Goodwill Industries opened its first thrift store in Genesee County this morning, and the store was immediately a big hit with long lines of bargain hunters at the cash registers.

The location is 4152 W. Main St., Batavia, in the Valu Plaza.

"We hope to further our mission in the Genesee County community by adding more variety to the retail landscape," said Lisa Churakos (pictured), director of donated goods/retail. "Goodwill has quality, affordable selections for every shopper."

The store is open Monday through Friday, 9:30 a.m. to 8 p.m. and Saturday, 9 a.m. to 6 p.m. and Sunday from noon to 5 p.m.

The new store also serves as a donation center.

Syracuse-based COR Development is planning four retail spaces for the south end of Batavia Towne Center, VP Joseph B. Gerardi said at a public hearing Tuesday night, and to fill those spaces, COR needs more than $1 million in tax abatements.

Filling those spaces is "better for all the tenants in the center," Gerardi said.

"It would provide a diverse shopping experience so tenants can help attract other tenants to the shopping center," Gerardi said.

Without the tax incentives, the four potential companies -- which Gerardi said could generate $1 million in local sales tax revenue -- may not come to Batavia.

Even though the four businesses would generate $16 million in gross sales, going by Gerardi's sales tax estimate, Batavia isn't an attractive enough market without the tax breaks.

And even though the four potential businesses would spend, on top of the $7 million COR would invest in the project, $11 million before the first cash register recorded the first sale, Batavia is too marginal a market to attract these retailers, Gerardi said.

Gerardi (top photo) refused to talk with reporters to clarify these points following the public hearing.

COR's plan is to convert the former Lowe's location from 138,000 square feet of retail space into 170,000 square feet of retail space.

In previous media reports, COR CEO Steven F. Aiello has said COR doesn't need to lease out the Lowe's space because Lowe's is obligated to another 15 years of rental payments, but Gerardi argued Tuesday that the proposed expansion is critical to Batavia Towne Center's viability.

"The dark store is not, in our opinion, a good reflection on the center and it's not a good reflection on the community," Gerardi said.

The one retailer COR has confirmed as a potential tenant is Dick's Sporting Goods.

In 2012, according to the company's annual report, Dick's generated $5.8 billion in annual sales and achieved a net profit of $291 million, or an average of $405,000 in net profit for each of its 518 locations. On average, gross sales of $11.2 million per store.

Two of Dick's locations are in shopping centers in Webster and Clay developed by COR without the kind of tax breaks COR is seeking in Genesee County.

A group of about a half dozen local Libertarians spoke at the public hearing, arguing that tax breaks for COR would benefit national chains at the expense of existing competitors.

"I believe your intentions are good, but I find fault in your logic," Jim Rosenbeck said (second inset photo). "The reality is you can't give money to one business without disadvantaging its competitors. You are picking winners and losers and that is simply wrong."

Current state law prohibits tax incentives to develop retail outlets, unless the local IDA -- in this case Genesee County Economic Development Center -- can find that the retail center will attract tourists (defined in the law as people who travel from outside the IDA's jurisdiction) and the stores will fill a need not yet met by existing retail.

Gerardi said Batavia Towne Center does attract shoppers from outside Genesee County and the stores in the center do offer goods and services not previously available in Batavia.

Phill Ricci (top inset photo) took issue with the idea that Batavia Towne Center could be considered a tourist destination.

"Hotels are not filling to the rafters because we have a Target," Ricci said. "Little Jimmy doesn't dream about seeing his favorite animi characters in the halls of Bed Bath & Beyond. To attempt to justify it as a tourist destination is hollow at best and laughable at worst."

COR initially received a promise of $4.6 million in tax abatements to build Batavia Towne Center with the promise of creating 297 full-time equivalent jobs. Gerardi said the development peaked in at 277 FTEs before Lowe's closed.

Rosenbeck said it was as if GCEDC helped COR build a new house and now COR wants more money to remodel it.

Gerardi said the four new stores would create 100 FTE jobs.

Elba resident Fred Read said that's just what they are -- FTEs, not real full-time jobs, but jobs with low pay and few benefits.

"They're not the kind of jobs that are going to keep young people here," Read said.

None of the speakers supported COR receiving another round of tax incentives for the project.

A letter from local business owner Jerry Arena was read into the record. Arena, who owns Jerry Arena's Pizza and Ten Cent Millionaire Tavern, said he opposes tax incentives for national retailers.

"Independent small businesses in Batavia are an endangered species and offer much more quality of life and stability to a community that many of us will ever realize," Arena wrote.

The GCEDC board will vote on the proposed tax incentive package for COR at its regular meeting Thursday. The public portion of the meeting is expected to begin at 4:40 p.m.. The board meets at the Med-Tech Center on R. Stephen Hawley Drive, Batavia.

Barn on Pearl Street Road, Batavia.

Joshua Joseph Gerber, 19, of Milliner Street, Rochester, is charged with driving while impaired by drugs, unlawful possession of marijuana and failure to yield right of way at stop sign. Gerber was charged following a two-car injury accident at 12:32 p.m., Sunday, at the intersection of Randall Road and Keeney Road, Le Roy. (Initial Report)

Nefetiria L. Turner, 30, of 3 Pringle Ave., Batavia, is charged with harassment, 2nd. Laqueasha M. Taylor, 19, of 3 Pringle Ave., Batavia, is charged with harassment, 2nd. Turner and Taylor were allegedly involved in a fight near the intersection of Pringle Avenue and Central Avenue at 6 p.m., Friday.

A pedestrian has been struck by a car at Main and Oak streets, Batavia.

State Police are on scene. City fire and Mercy EMS being dispatched.

UPDATE 8:22 a.m. (by Billie): A medic at the scene says the pedestrian will be transported to the hangar and taken to a hospital via Mercy Flight.

UPDATE 8:39 p.m.: The pedestrian is a female who suffered a compound leg fracture and will be flown to Strong Memorial Hospital. She was reportedly part of a crew here to sell a special kids' edition of the Buffalo News. Reportedly there are three witnesses, two who were interviewed at the scene, and a school bus driver.

UPDATE 9:18 a.m.: The woman was crossing the street and another vehicle blocked her view of an oncoming car, and blocked that driver from seeing her, according to Officer Eric Hill. The accident is under investigation and no decision has been made about who, if either party, will get a citation. The woman appears to have suffered no other injury than the broken leg, but she will be evaluated at Strong. It doesn't appear that she was actively selling papers at the time of the accident. If she was part of the crew, she was apparently crossing the street to join a crew of people on the Oliver's corner. 

It's a bird. It's a plane. No, .... it's a piece of a farmer's crop cover.

Remember the story Saturday about a balloon "or something like" falling from the sky near Pratt Road.

One resident described it as "a giant roll of toilet paper" flying through the air.

East Pembroke's fire chief, Don Newton, called today and clued us in on what really happened.

On Friday, a local farmer put down a 250x50-foot cloth crop cover over freshly planted seeds. It was weighted down with soil.

But a strong enough gust of wind hit East Pembroke on Saturday to rip up a portion of the cover and send it flying through the air. It traveled a good long distance before getting snagged in the trees.

Everybody who responded thought it was a weather balloon and spent a good deal of time looking for the weather device that would have been attached to it. The Buffalo weather station wanted it back.

But, we now know, there was no such device attached.

Newton said the farmer was afraid he'd be in a bit of trouble for the mishap, but Newton reassured him -- you're a farmer, this is an agricultural community, things happen.

Wouldn't it be great to eat a juicy, sweet, fresh locally grown strawberry right about now?

You may think that's impossible, but thanks to Pudgie Riner, owner of Triple P Farms in Oakfield, starting Wednesday, you will be able to buy locally grown fresh strawberries at Harrington's Produce Stand at 5282 Clinton Street Road, Batavia.

Always an innovator looking for new ideas, Riner found a picture online of a farmer in Denmark growing strawberries from hanging baskets in a hothouse and he realized he could do locally and get strawberries out to market weeks ahead of other local farmers.

"The concern is, if we say we've got fresh strawberries from New York, nobody going to believe us," Riner said. "These really are grown right here. They're not from Florida.They're not from California. They're grown right here in New York and the same varieties that are grown locally and people are used to eating from the ground, but these are grown in a basket."

The 5,000 plants are two years old and should produce 5,000 quarts of strawberries, Riner said.

Peak harvest will be within 10 days, which is a little earlier than Riner wanted, but he'll learn from this year's growing cycle and push it back a bit next year.

He partnered with Andy Harrington (left, above) to bring the strawberries to market because the Harrington family has such a good reputation for locally grown produce.

"I decided that knowing his business, he is the right guy to sell them," Riner said. "I could sell them in my own place, Pudgie's, but I don't have the reputation of being in the produce business, so that would be one more hurdle."

Harrington's on Clinton Street opens Wednesday. The family's Oakfield location, 7550 Lewiston Road, opens in June.

It was an easy decision to take on Pudgie's berries, Harrington said. It gives him more stock early in the spring and, "they're fresh and they taste great."

Previously: Pudgie puts the local into 'locally grown' produce and garden plants

Amy Burdick and her son, Mikah, were living in a subsidized, substandard apartment in the City of Batavia until Habitat entered their lives and worked with them so they could experience what it feels like to own a home of their own for the very first time. 

Burdick is Habitat for Humanity of Genesee County’s 10th homeowner. Burdick showed volunteers a cell phone photo she had taken of her current front door (having an inch gap where light and heat were escaping) as she stood next to her brand new energy-efficient home with a big smile. 

Habitat of Genesee did a complete rehab at 104 North St. in a total of 10 months. 

“Being a part of Habitat for Humanity as a homeowner is a life-changing experience,” Burdick said.

She highly recommends it to other families who are trying to make ends meet. 

Before Burdick received a flier about homeownership with Habitat, she hadn’t considered buying a house in the near future. But she decided to call about the opportunity, and before she knew it, she was selected as a partner family.

“I remember how excited my mom, sister and I were.” Burdick said. “We were peeking through the windows before construction had even started.” 

Burdick’s family was thrilled to know they could provide lunches to the volunteers. Along with other volunteers, Burdick’s family was very dedicated in making sure the volunteer work crew was properly feed.

One RIT student said one of the best parts of volunteering with Habitat are the delicious home-cooked meals.

The demo for this house was started during the National Women’s Build Day sponsored by Lowe’s on May 12, 2012. Women’s Build Day brings together women from all walks of life to address the housing crisis facing millions of families worldwide. Women and children are often hardest hit by this epidemic.

Because Habitat is a program that is structured to be a “hand up” and not a “hand out,” Habitat homeowners are required to put in sweat equity hours. Burdick put in a total of 350 hours on top of working two full-time jobs. 

Her favorite part of partnering with Habitat?

“The wonderful people,” she said with a warm smile. “I didn’t know there were people out there still like that, who are so caring, kind and promising."

The house was built by volunteers who met two days a week, six hours a day. There were more than 150 volunteers who gave their time to help make this house a home.

Burdick is still in amazement she said because; “People who do not know me are doing all of this for a total stranger.” She commented about volunteer PJ Riner who spent countless hours in between the work days volunteering his time and how grateful she is for him and those who spent so many hours on this house.

Burdick said she will always be connected to Habitat because "they are a group of people with big hearts who want to improve the community and we always had a good time.”

Genesee Habitat will begin rehabbing their next home on 11 Harvester Ave. in Batavia. The demo on this house will kick off with the 2013 Women’s Build Day. Work will take place on Wednesdays and Saturdays from 9 a.m. to 3 p.m. Volunteers are needed and all skill levels are welcome. Visit www.geneseehabitat.com to sign up and learn more.  

Tasia Boland is operations manager for Habitat for Humanity in Batavia.

If Maurice G. Leach wants to get out of the Genesee County Jail anytime soon, he'll need to come up with $15,000 cash bail or $150,000 bond, Judge Robert C. Noonan ruled today.

Leach is facing a felony DWI charge, but his criminal background along with prior probation and parole violations had Noonan siding with District Attorney's Office rather than Leach's defense attorney, who asked for $5,000 bail.

Noonan said he would have set the bail higher if the DA's office had requested it.

"The prosecutor is nicer to you than I would be," Noonan said.

Leach was arrested last week for allegedly driving drunk on Route 33 in Stafford.

In January, the 36-year-old Leach, a resident of State Street, was allegedly involved in an altercation with police after officers arrived to investigate a report of a woman being hit.

He's also facing petit larceny charges in Rochester.

Leach's attorney requested the bail hearing before Noonan today because with Leach's prior felony, Town of Batavia Court was unable to set any amount of bail.

Press release:

City of Batavia Water crews will be making a repair to a water main, Tuesday, on Washington Avenue near Porter Avenue. This will result in Washington Avenue being closed between Porter and Jefferson beginning at approximately 8:30 a.m. until the work is completed.

This work may result in water service being interrupted along Washington Avenue between State Street and Dellinger Avenue. It may also result in temporarily discolored water in the immediate area; residents should avoid doing laundry or other activities which may be impacted by discolored water. Crews will make every attempt to keep disruptions to a minimum.

UPDATE Tuesday, 11 a.m.: Repair work has been completed. Washington Avenue will reopen by Noon.

A male was in the roadway at Jackson and Main streets after being struck by a vehicle. He's now up and walking. Mercy medics and city fire are on scene. The driver fled eastbound in a dark blue or tan Ford Explorer, and he is said to be white with dark hair and wearing sweatshirt. Police are looking for the vehicle now.

UPDATE 2:07 p.m.: Police are out with a vehicle matching that description at T.F. Brown's.

UPDATE 2:08 p.m.: Police are clear of that vehicle, and still looking for the Explorer. Now the driver is said to have "darker skin" and curly hair.

UPDATE 2:11 p.m.: Fire and medics are back in service.