batavia

We recevied the following message from across the pond ... Brian Slater is looking to reconnect with family members separated by time, generations and immigration.

In the summer of 1967 I stayed in Batavia at the home of my great aunt and uncle, Beatrice and Hernbt Jermy, a photo of which I took of all their family.

I am very keen to make reestablish contact with any members of the family across the ocean from their original country of England where they all came in 1913/1914 from a village called Horning in Norfolk.

Their four children were Charles, Arthur, Alice and Vera all in the photograph with their children. The girl in the brown dress was Donna and her brother in the white shirt Jimmy, children of Harry and Vera, rear left, who lived not far from Watkins Glen.

If any of your readers can cast a light I shall be most grateful as I am the last generation who can bridge the family divide across the Atlantic Ocean.

Brian Slater
brian@inter-culture.com

Joshua A. Stantos, 18, of 4585 Lake Ave., Rochester; Tyree A. Bradley, 20, of 1270 North St., Rochester; and, Skylynn D. Johnson, 16, of 110 Walnut St., Batavia, are charged with burglary, 2nd, and robbery, 2nd. The suspects are accused of entering a residence without permission and using force to steal a bracelet. The alleged incident was reported at 3:34 p.m., Thursday. All three were jailed without bail.

Darrin Todd Moreland, 47, of Telegraph Road, Medina, is charged with petit larceny. Moreland is accused of stealing snow fences and posts.The fences were rolled up and laying along the side of Lewiston Road waiting for the Town of Oakfield Highway Department to pick up.

Charles Rashad Foster, 26, of Carter Street, Rochester, is charged with unlawful possession of marijuana. Foster was a passenger in a vehicle stopped at 3:33 p.m. Sunday on Oak Street, Batavia, by Deputy Kevin McCarthy and found during the traffic stop to allegedly possess marijauna.

Brianna Elise McGrady, 24, of Campbell Street, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 2nd, driver's view obstructed and unlicensed operator. McGrady's vehicle was stopped at 3:33 p.m. Sunday on Oak Street, Batavia, by Deputy Kevin McCarthy.

Edward Thomas Zaremski, 62, of Lockport Road, Oakfield, is charged with DWI, failure to keep right, refused pre-screen device. Zaremski's vehicle was stopped by Sgt. Thomas Sanfratello at 11:56 p.m. Saturday on Lockport Road, Oakfield, after a report of a vehicle in Elba being driven erratically. Zaremski was jailed on $100 bail.

Lauren Kay Pellegrino, 31, of Jackson Street, Batavia, is charged with DWI, speeding, possession of an open container, unlicensed operator. Pellegrino's vehicle was stopped at 12:07 a.m. Saturday on Main Street, Batavia, by Deputy Patrick Reeves.

Jessica Katherine Forrester, 21, of Erie Street, Albion, is charged with unlawful possession of marijuana. Forrester was a passenger in a vehicle stopped by Deputy Patrick Reeves on Route 77 in Pembroke.

Christopher Arron Saddler, 29, of West State Street, Albion, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 2nd. Saddler was stopped at 6:17 p.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves.

Emma Jean Brinkman, 57, of Sunset Parkway, Oakfield, is charged with petit larceny. Brinkman is accused of stealing $84.93 in merchandise from Kmart.

Lisa Sue Metcalf, 33, of Batavia Oakfield Townline Road, Oakfield, was arrested on a bench warrant for alleged criminal possession of stolen property, 3rd. Metcalf is accused of failure to comply with Genesee Justice conditions. Metcalf was jailed on $250 bail.

Raymond Amaro, 26, of Washington Avenue, Batavia, was arrested on a warrant for alleged violation of probation. Bail was set at $50,000.

Melanie Patricia Heidt, 21, of Elmgrove Road, Rochester, is charged with possession of more than 400 untaxed cigarettes. Heidt was stopped at 9:23 p.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves.

Francis J. Sheehan, 61, of 400 E. Main St., Batavia, is charged with harassment, 2nd, and criminal contempt, 1st. Sheehan is accused of punching a woman. There was allegedly an order of protection in place.

Ryan C. Riggi, 18, no permanent address, is charged with failure to appear. Riggi was turned over to Batavia PD on a warrant out of City Court and jailed on $5,000 bail.

Summer Ogden, 37, of 29 Central Ave., Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Ogden was allegedly found in the apartment of a person she is barred from contacting after police were summoned to a Liberty Street location for a reported disturbance. Ogden allegedly entered the residence without permission. The criminal contempt charge is a felony because Ogden has a similar conviction in the past five years.

Kelvin B. Murphy, 40, of 319 Ellicott St., Batavia, is charged with petit larceny and grand larceny, 4th. Murphy allegedly stole a wallet while at a business on East Main Street, Batavia. The wallet contained credit cards and cash.

Daniel L. Dioguardi, 31, of 4993 Upper Holley Road, Holley, is charged with criminal possession of stolen property and two counts of criminal possession of a forged instrument and two counts of petit larceny. Dioguardi turned himself in on warrants for the charges.

Rachael A. Baeher, 26, of 40 Church St., Le Roy, is charged with endangering the welfare of a child, appearance in public under influence of a drug other than alcohol, unlawful possession of marijuana and criminal possession of a controlled substance 7th. Baeher was arrested after police were summoned to the Days Inn at 11:16 p.m., Wednesday, for the report of a woman requesting assistance after ingesting drugs. Baeher allegedly had two small children with her. She was jailed on $1,500 cash bail.

Timothy A. Shay, 48, of Waterport, is charged with issuing a bad check. Shay was arrested by State Police in connection with an alleged incident in the City of Batavia reported at 1 p.m., March 19. No further details released.

Cory J. Trybushyn, 25, of Batavia, is charged with petit larceny. Trybushyn is accused of stealing from Target at 9:56 p.m., Thursday. Trybushyn was arrested by State Police.

Ramel J. Askew, 19, of Bronx, is charged with petit larceny. Askew is accused of stealing from Target at 4:36 p.m., Friday. Askew was arrested by State Police.

Today, Arlene Leach checked an item off her bucket list. She took her first fly-fishing class.

"I love nature," the Rochester resident said. "I love water and I love fish and it just brings me closer to a peace I don't have in my professional life."

Leach was among 30 people who turned out at Godfrey's Pond this morning for a free fly-fishing class with instructors Ron Wickings (with Leach, top photo) and Jim Southall (with Leach, second photo).

While Leach had never held a fly rod before, some of the class members have been fly-fishing for years.

"The thing I try to teach is don't ever think you've arrived," said the 54-year-old Wickings, who started fly-fishing the Oatka Creek when he was 12. "Everybody can learn something. That's the fun part of fly-fishing."

The patience and knowledge of her teachers impressed Leach, who picked up the basics of a roll cast quickly.

Asked if she studied fly-fishing at all before coming out today, Leach (who is friends with the Southall family) said she felt intimidated, so she avoided it.

"But I listened and watched and people's love for it was a bit infectious, and people are encouraging me through the learning curve," she said.

Wickings said he was living his dream today -- teaching fly-fishing. He wishes he could find a job where all he did was teach people how to fly-fish.

"I've always enjoyed teaching the most," Wickings said. "I think it's because you get to see someone discover something for the first time and it almost rubs off on you. You can live a little bit vicariously through them."

Jeff Southall, with his sons Harrison and Dominic, hauls in a trout. Southall, son of Tim, learned to fly-fish at Godfrey's 30 years ago.

Jeff Southall

Ed Burton, from Gates, hooks a trout.

Burton with his catch.

Catch and release.

Harrison and Dominic

Below, the slideshow is all the same photos used in the post, but you can view the photos at full screen. Participants can purchase prints by clicking here.

With the sound of a police siren, hundreds of children were off and running at Centennial Park, Batavia, this morning, as part of the annual Kiwanis Easter Egg Hunt.

Within 120 seconds or less, all of the eggs were snugly secured in some child's basket.

When I stopped by the Peace Garden today, I found a TV crew there looking over an old book.

The book was found in an old house in East Pembroke that is being renovated, stuck under floorboards in the attic along with some coins from the 1830s and paperwork from the 1930s, according to Larry Abarie.

The book is well known to historians, but editions with all the pages are reportedly hard to find. This copy appears to have all of its pages.

Interestingly, you can read the book -- which was an anti-slavery tract, but advocated returning former slaves to Africa -- online.

Dave McKinley's report for WGRZ is online here.

Jeff Donahue, director of the Holland Land Office Museum, stands with a big flag that once flew on the flagship of Rear Admiral Ralph Chandler, who was born in Batavia in 1829 and died in Hong Kong in 1889.

Chandler, a ship commander in the Civil War, was Asiatic Squadron commander from 1886 until his death.

The flag is on loan to the museum by Ralph Chandler Parker III. It measures 13' 11" on the hoist and 25' on the fly.

To fit it in the case, four people wearing archival gloves spread it out on sheets on the floor and then folded it, and folded it, and folded it, until it fit.

"It would have been beautiful if we could have displayed it at its full dimensions," Donahue said. "Unfortunately, we just don't have the space to do that."

Chandler was married to Cornelia Redfield and they had five children together.

It's no sure thing that Dick's Sporting Goods is coming to Batavia.

First, there's no official confirmation that Dick's is the client COR Development Company has secured for the former Lowe's location.

Second, Charlie Cook, chairman of the Genesee County Economic Development Center Board, said it's far from a done deal that COR will receive more than $1 million in tax incentives to prepare the 138,778-square-foot space for a new tenant, whoever that may be.

If Dick's is the new game in town, local sporting outlets say they're ready for the competition; they just hope it's a level playing field.

The GCEDC board has yet to officially approve a trio of tax incentives for COR. The only action yesterday was to approve a public hearing for the project, which hasn't even been scheduled yet.

The board has been given scant information about COR's plans, Cook said, and without more information, the board isn't ready to act on the proposal.

"There is no commitment from the EDC for any sort of tax breaks or funding and there won’t be until we have a lot more information," Cook said.

This is the first big retail project that has come before the GCEDC board since Cook's been a member, he said, so he wants to educate himself on what projects like this mean for existing businesses before making a decision.

"I’m still learning," Cook said. "I’ve learned some things on the fly here and have been educated a bit on the impacts that some retailers might have that I hadn’t thought of. I haven’t formed an opinion yet."

Two months ago, a source told The Batavian Dick's Sporting Goods was planning a store at the former Lowe's location; however, repeated phone calls and e-mails to Dick's corporate office since then have been ignored by the corporate giant.

Dick's is a publicly traded company founded in Binghamton and now has 511 stores in 44 states. Annual sales in 2011 (the most recent numbers available) were $5.2 billion with a net profit of $1.6 billion, for a profit margin of 30.6 percent.

Those big numbers mean local retailers selling outdoors equipment and sporting goods face competition from a well-financed behemoth with significant market power.

That isn't scaring at least two local retailers who sell some of the same merchandise as Dick's, but the local owners are unhappy that a giant corporation like Dick's could benefit from any tax incentives given to COR.

Mike Barrett likened the practice of using tax incentives going to corporate chains to "using your own tax money to put yourself out of business."

Still, Barrett's Batavia Marine -- founded in 1955 by his father and uncle -- has been in the same location for decades and Barrett has seen a lot of upstarts come and go.

"We can compete in a lot of different levels they can’t," Barrett said. "Price is one thing and service is another. I knew about this coming for about a year, but we’ve outlasted a lot of other people, so … (Barrett shrugged)"

Kurt Fisher, whose store Fisher Sports is less than two years old, thinks he's found a local niche to serve and his new location in the Court Plaza (off Court Street) is doing well.

He isn't even particularly worried about Dick's potential for offering lower prices.

"The bigger issue for us would be they have more opportunity to have more stock because they have more money to bring everything into the store from every company," Fisher said. "We don't have that opportunity. Olympia (on Lewiston Road) doesn't have that opportunity. They (Dick's) can fill the store with everything, but that doens't mean their prices are good. That's their story everywhere. They have full stores but that doesn't mean they have the best price."

Fisher is ready to compete head-to-head with Dick's, but he doesn't think tax incentives should be used to give a big chain an advantage over local businesses.

"For the town and city to do that, it tells me they're more worried about the Big Box people compared to the smaller business people, for sure," Fisher said. "We don't get tax breaks and we're already in business."

Before today, Charlie Cook said he had no idea that Dick's was the potential tenant for COR. He doesn't even know now if the information is true. He said the GCEDC board was told the confidentially agreement prohibited even the GCEDC board being told who the tenant might be at this stage, even in closed session.

Who the tenant is could be critical information for the board to consider before approving incentives for COR, Cook said.

"I am interested in protecting existing businesses," Cook said. "I think when the facts come out, and more names are divulged (there could be more than one retailer moving into the former Lowe's location), if something isn't going to have an impact on local retailers and actually has attributes that benefit the local economy, you have to look at that differently than a business that competes directly with somebody down the street. Until we know more, we can't make that judgement."

Cook also acknowledged that taxpayers may have legitimate concerns to consider about COR receiving new tax incentives after receiving tax incentives in 2007 to construct the curent building for Lowe's, but "what it comes down to is we're staring at a big empty building and how can we put it to the best use."

Local law enforcement -- deputies and troopers -- are looking for a white Neon with a black male driver and black male passenger.

The two men are suspected of stealing groceries from Walmart.

The first man is described as wearing blue sweatpants and an orange hoodie. The second suspect is wearing jeans and dark shirt.

The vehicle may have been last seen westbound on the Thruway.

The theft was reported at 4: 29 p.m.

The Sheriff's Office is investing an overnight smash-and-grab at the Radio Shack on Veterans Memorial Drive, Batavia.

An inventory of what was stolen is not yet available, but the thief or thieves made off with at least a number of smartphones that may have significant retail value.

The call of a break-in reached dispatchers at 12:38 a.m. and deputies arrived on scene two minutes later.

By that time, the glass door was broken through, the merchandise stolen and the perpetrators gone.

Investigator Roger Stone said at this early stage there are few leads to go on. An attempt to obtain information from surveillance cameras in the area has yet to yield results.

Anybody with information that may assist in the investigation can call the Sheriff's Office at (585) 343-5000.

Letter from the city to residents:

As of June 1, 2013, City of Batavia residents will be responsible for their own curbside pickup of refuse, recycling and bulk items. Each property owner will either select a vendor of their choice or have to transport their refuse and recycling to a transfer station.

The City has contacted several refuse haulers in the area who are interested in collecting refuse, recycling and bulk items on a private basis. The City has not negotiated a price for this service and is not recommending a particular hauler.

Gardner Disposal: (585) 343-4626
Genesee ARC: (585) 343-1123 or 585-343-4203
PSI Disposal, Inc.: (585) 599-3255
Waste Management, Inc.: (800) 333-6590

Transfer stations to drop off refuse, recycling and bulk items:

Scofield Transfer and Recycling: (585) 343-7373
Town of Batavia Transfer Station: (585) 343-1729

Chelsea Darnley Emondt-Fauel is missing, according to Batavia PD.

Chelsea is considered a runaway and was last seen yesterday at Batavia Middle School. She may still be in the local area or may have gone to Buffalo or Niagara Falls.

The 13-year-old has brown eyes and brown hair and is 5' 6" and 145 lbs.

Anybody with information that might help police locate Chelsea is asked to call Batavia PD at (585) 345-6350.

CLARIFICATION: Regarding the headline and the item below: The GCEDC board approved the COR project being set for a public hearing, but its project has not yet received final approval.

COR Development Company, owners of property at 4180 Veterans Memorial Drive, Batavia, is planning a $4.5 million investment in the former Lowe's location for renovation, adding space and retrofitting the existing structure. The renovations will pave the way for one or more retailers to lease the space. Total tax incentives: $1,052,104. The project is part of Town Center Batavia, which is 350,000-square-feet of "destination retail space," according to the Genesee County Economic Development Center's release. In 2007, COR received incentives to build the project. The former Lowe's location is currently 138,778 square feet. Under the proposal, COR will receive $180,000 in sales tax exemptions, a $43,750 mortgage tax exemption and a $828,390 property tax exemption on the increased assessment value of the property. COR projects 120 new retail jobs as a result of the project.

Batavia Showtime, 6 Alva Place, Batavia, is planning a $52,200 investment for the purchase and installing of a digital movie projector. Batavia Showtime is approved for a $4,176 sales tax exemption on purchase of the projector. GCEDC's release states that the board is looking to assist in the project because it qualifies as a tourism destination and provides a service to the area, being the only local movie theater, that would not otherwise be available. The theater was in danger of closing prior to Batavia Showtime purchasing the facility. The owner is planning upgrades beyond the purchase of the digital projector. An estimated three new jobs will be created and four jobs retained.

Le Roy Plastics, 59 Lake St., Le Roy, is planning a $885,000 investment for the consolidation of all operations and processes into one facility. The company plans to renovate portions of the new facility and purchase furniture, fixtures and equipment. The GCEDC board approved $43,931 in tax abatements for the project, including a $24,800 sales tax exemption, $9,063 mortgage tax exemption and a $10,068 exemption on property taxes above the current assessed value.

The story this morning of an inmate who died while in Genesee County Jail custody had a familiar ring to it for a local man who spent four months in the jail back in 2001.

After developing apparent health problems, it took the Batavia resident days to get in to see a nurse, he said, and then she told him he had hemorrhoids and sent him back to his cell.

Days later and after more complaints, she saw him again and gave him suppositories.

After a month of illness and little to no treatment by jail staff, the man said, he collapsed on the jailhouse floor and was taken by ambulance to UMMC.

There, Dr. Bernard Asher found that he had advanced colitis and would soon lose his colon without proper treatment. He was transferred to ECMC for acute hospital care.

The local resident asked that we not use his name to protect his privacy, but he provided us with documentation to support his claim (PDF).

He said he came forward not because he's looking to embarrass anybody at the jail or in the Sheriff's Office, but he just thought people should know what he went through in light of the report on Nikko Gambino's death.

"I'm just saying something like this happened," the man said. "I was diagnosed the wrong way. It wasn't right, but I don't want to get back at them right now."

A year ago, the man spent two weekends in jail on a second-degree harassment charge (he sent a couple of text messages that he shouldn't have sent, he said) and said the same nurse that he saw in 2001 was still working at the jail.

In 2001, the man was jailed on an attempted burglary charge, which stemmed not from a theft case, but because he entered the dwelling of his ex-wife and child without permission, which was a violation of a court order.

"It was a domestic case," he said. "I was young and stupid and chasing love, or what I thought was love."

He eventually spent 20 months in state prison and was on parole for three years.

He said when he saw the Gambino story, he thought, "Man this is crazy and I know what it's like. I'm sure they didn't give him the treatment he needed."

He said he's seen correction officers deny some inmates a chance to see a nurse.

"I'm never a jerk and I understand COs are just doing their jobs," he said. "Other inmates, if a CO had a problem with them, the person wouldn't get to see a nurse.

"I think if you want to see a nurse, you should be able to see a nurse -- to see if you have a problem," he added.

The former inmate said his symptoms during the month prior to his hospitalization included a 40-pound weight loss, severe abdominal pain, blood in his stool and the loss of a lot of blood, yet he was only allowed to see a physician after he collapsed from not eating or drinking and all the pain.

He said if he'd sued back then, maybe he could have saved a life.

"I met with Charlie Mancuso," he said. "We talked about it. He was going to file a suit, but he never did and then he passed away. I never pursued anything (after he passed)."

Sheriff Gary Maha is not familiar with this particular case at this point, but he would look into it if the man would come forward and talk with him. He said everything is documented and he would investigate the complaint if given more information.

We asked Maha if he's received complaints outside of this case and the Gambino case from inmates who say they're not getting proper medical care.

"You always get complaints," Maha said. "They feel they want the best surgeon in the State of New York and the taxpayers are supposed to pay for it. That’s not the case. We give them whatever services are needed and prescribed by the doctor. If you come into the jail and say you need a new pair of glasses, we’re not going to give you a new pair of glasses unless a doctor says you need a new pair of glasses."

Maha said it costs taxpayers about $200,000 a year to provide medical care to inmates at the Genesee County Jail.

"Everyday people come through there who abused drugs or have mental health issues," Maha said. "It’s a difficult population to deal with and it’s a costly population to deal with. It’s something we try to manage as best we can."

Following the Gambino case, Maha said he met with the jail staff and Director Ed Minardo and new procedures and protocols have been developed.

All opiate use and withdrawal cases are monitored now on a daily basis, he said, and all medical procedures have been examined and updated.

He said he is confident in the skill and training of the jail's medical staff.

"They’ve been around a long time and they've been in business a long time," Maha said. "Thye’re a good staff. Again, we have to update the protocols, but they give a lot better care to an inmate in the jail than they would get on the street, I can tell you that."

UPDATE: Looking back over things this morning, I feel I should note that Dr. Asher's note contradicts the recollection of the source in two ways. The health issue was ongoing for two months before Dr. Asher saw the patient, and Dr. Asher notes that the patient additionally received two visits to the ER, which also failed to lead to a diagnosis of colitis.

UPDATE: The source explains, he doesn't think it was a whole two months, but it may have been longer than a month. His two trips to the ER occurred after his mother contacted his primary care physician and the physician requested the visits, he said. He also confirmed he believes he was misdiagnosed at the ER on those two visits.

Joseph Joy, seated, was honored at the New York State Veterans Home this morning by the American Legion for his 70 years of membership in the veterans' organization. Joy is a veteran of World War II. Members of the Glenn Loomis Post who attended were Tom Williamson, left, Paul LaValley, Jim Nieder, Post Commander Ron Konieczny, County Veteran Services Officer William Joyce and Bernie Staats.

The Genesee County Jail medical staff is being accused of mishandling the medical needs of an inmate going through narcotics withdrawal prior to his death while in custody in July.

Nikko C. Gambino, 42, was originally arrested for impersonating law enforcement officers. He was later accused of smuggling drugs into the jail while on weekend incarcerations.

The NYS Commission of Correction investigated Gambino's death and a report obtained by the Democrat and Chronicle through a FOIL request is critical of jail medical staff.

Specifically, nurses who allegedly missed “florid signs and symptoms of worsening acute withdrawal."

A nurse reportedly refused Gambino his prescribed medication during his weekend incarcerations.

According to the D&C story, Gambino, as a consequence, suffered tremors, sweats, hallucinations and delirium, but nursing staff allegedly failed to recognize the signs of withdrawal and the need for medical attention.

Gambino's family has reportedly filed a lawsuit against the county over his death.

The Batavian requested a statement from Sheriff Gary Maha about the report, but he has been in meetings all morning and has been unable to respond.

UPDATE 2 p.m.:  Here is a statement from Sheriff Gary Maha on the report:

Sorry for the delay in responding. I have been in meetings since early this morning. I really can't comment too much with regard to the Commission of Correction report as a lot of it deals with the medical condition of the inmate. However, we disagree with several portions of the report. It is easy to Monday morning quarterback situations such as this and the Commission is known for criticizing jails and jail staff whenever there is a death in a jail. We do not agree with Commission use of such verbiage as "gross incompetent" and "gross negligence" as they describe the actions of our medical staff. Our medical staff is not incompetent and did not act with gross negligence. This is the Commission's language and is not based upon any determination of fact. Mr. Gambino was a drug user and abuser which also, in my opinion, played a part in his death. The time period from when jail staff saw Mr. Gambino, where he appeared to be okay, to the time he was found unresponsive was only approximately twenty minutes.

We did receive the preliminary report from  the Commission back in December 2012 and shortly thereafter I met with my Jail Superintendent and Medical Staff to discuss the content of the report. We did implement some of the recommendations outlined in the report and are in the process of reviewing and upgrading all of our medical standards.

For previous stories about Gambino, click here.

Juliette Anne Moore, 33, of Wayne Street, Lancaster, is charged with criminal use of drug paraphernalia, criminal possession of a weapon, 4th, and unlawful possession of marijuana. Moore was arrested on a warrant following her release from the Erie County Jail on a unrelated matter. Moore was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

Jamie Lynn Edenholm, 25, of Gabbey Road, Pembroke, is charged with unlawful possession of marijuana. Edenholm was arrested Wednesday. No further details were released.

Eldon Javier Ortiz, 18, Buell Street, Batavia, is charged with petit larceny. Ortiz is accused of shoplifting at Kmart. Arrested at the same time on the same charge was Phillip Matthew Boyd, 18, of Redfield Parkway, Batavia.

Emergency dispatchers helped Lt. Greg Steele celebrate his retirement from the Batavia Police Department overnight with a cake.

Submitted photo.