Paul Berardini, owner of Big Pauly's Pizza, donated $200 to the YWCA's domestic violence program today and presented the donation to Linsey Vallett. The donation is comprised of $2 from each large pizza Pauly's sold on Monday.
When workers from Tompkins Insurance move into their new second-floor offices at Main and Center, they will have Doug Rebmann to thank for the bit of extra sunlight spilling into their space.
Rebmann has been working this week cutting through masonry to create two new window openings as part of extensive renovations to the second floor.
Tompkins expects to move its customer service center to the location in mid-September.
Today was the day to fill the boot and a lot of people did. City firefighters, members of IAFF Local 896, were positioned on Ellicott, Main, and Court streets this morning to collect donations from passing motorists as a fundraiser for the Muscular Dystrophy Association.
It was another banner year for the firefighters with a new record amount of $9,635.39, according to Local President Greg Ireland.
Above, Adam Palumbo collects a donation.
Jeff Stevens collects a donation.
Firefighter Tim Stengel collects a donation.
Giovanni Louis Rosario, 21, of Conkey Avenue, Rochester, is charged with burglary, 2nd. Rosario was arrested on a warrant out of Town of Darien Court. He's accused of being involved in a burglary reported at 1 p.m., Dec. 27, on Tinkham Road, Darien. Rosario was ordered held on $10,000 bail. The suspect is currently being held in the Monroe County Jail on unrelated charges.
James Ross Sweet, 53, of Walnut Street, Batavia, is charged with criminal contempt, 1st. Sweet allegedly initiated contact with a person he is barred from contacting by court order.
Timothy Joseph Clark, 54, of North Bergen Road, Bergen, is charged with harassment, 2nd. Clark allegedly grabbed a woman he knows. The alleged incident was reported at 2:45 p.m., Wednesday.
Mark Anthony DiManno, 56, of Ridgeview Drive, East Rochester, is charged with criminal trespass. DiManno was arrested on a warranted and arraigned in Town of Batavia Court.
Alyssa N. Bannerman, 20, of Brockport, is charged with conspiracy, 6th, criminal possession of stolen property, 5th, and unlawful possession of marijuana; A 17-year-old from Brockport is charged with conspiracy, 6th, and criminal possession of stolen property, 5th; and, Antonio J. Goodson, 24, of Medina, is charged with conspiracy, 5th, and petit larceny. The trio was arrest by State Police in relation to an alleged larceny reported at Kmart at 3:30 p.m., Wednesday. No further details released.
Todd R. Stanton, 32, of Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. Stanton was arrested by State Police for an alleged incident reported at 7:48 a.m., Monday. No further details released.
Reader Amy Michaels sent us this video of a black bear eating from her bird feeder on Alexander Road.
Another reader reported tonight seeing a black bear in the area of Law Street.
Le Roy fire is responding to a report of smoke coming from the second story apartment at 27 E. Main St.
A second call reports it may be coming from a grill.
Le Roy ambulance and Bergen fire also responding.
UPDATE 9:34 p.m.: Call downgraded to one engine from Le Roy only.
UPDATE 9:27 p.m.: Le Roy fire back in service.
A fully involved cab fire is reported on a tractor-trailer at 8480 Alleghany Road, near or at the Thruway on/off ramp. Pembroke and Indian Falls fire departments are responding along with mutual aid from Corfu and East Pembroke.
UPDATE 7:32 p.m.: Alabama's tanker is requested mutual aid to the scene.
UPDATE 7:57 p.m.: Pembroke command calls for a pallet of absorbent material.
UPDATE: Photo and video submitted by Amber Winters.
How far would you drive for really good BBQ? Yesterday, somebody reportedly drove 70 miles to try out Batavia's newest BBQ joint -- The Rack Shack, on Ellicott Street Road.
Open just a week and with little fanfare, the owners of the new restaurant are finding their location just a bit outside the city is well suited to the business they want to build.
"The location presented itself and we thought it was a good opportunity," said co-owner Mandee Hopkins.
The location was most recently Rosie's Diner. Rosie's nor the prior diner, Fedora's, really worked out for those owners. But Hopkins said she and her partners like the location because of the high volume of traffic on Route 63, the fact that the east side of Batavia -- with the ag park -- is growing, and they are confident good BBQ will make the restaurant a destination for smoked pork and beef aficionados.
The co-owners are her husband Jason, who has 25 years experience in the restaurant business, including working as head chef at the Hillside Inn and sous chef at the Valley Inn, and Jim and Melissa Penders. Jim is an award-winning BBQer who has worked in catering for 15 years.
"BBQ is what they love," Mandee said. "It's what they love to eat. It's what they love to cook, and it's a skill that needs to be mastered."
Mastered it, they have. The menu boasts that the pork ribs are so tender they melt off the bone. They'll never be accused of false advertising on that point.
The menu is filled with Southern flavor, from cole slaw to collard greens to cajun catfish along with WNY favorites such as salt potatoes, Pittsburgh salad, and their own version of the garbage plate, called the Shack Attack.
"We want to offer a warm, comfortable atmosphere where people can enjoy their food," Mandee said. "We believe in high standards and treating people like family."
Story by Sloane Martin, WBTA:
Howie Hawkins is running for governor for the second consecutive election on the Green Party tab.
A recent poll showed that a progressive candidate could cut significantly into the incumbent Democrat’s lead, giving that fresh option a chance.
Hawkins says he can be that candidate.
“We stand for progressive policies that benefit working people,” he said. “I think that’s what that poll says people are looking for. Those are the people who understand Cuomo’s been very conservative economically. He’s underfunded schools, he’s giving tax breaks to the rich and they’re looking for an alternative.
“Our problem is not that they don’t agree with us. It’s that they never heard of us.”
In Bergen Thursday afternoon before meeting with party members from the tri-county area, Hawkins outlined a six-point proposal to turn things around for the Empire State called the Green New Deal. It draws parallels to the Roosevelt domestic programs, but updates them for modern times seeking to bring jobs. For example, Hawkins supports giving unemployed people public jobs, similar to the WPA.
Hawkins says Cuomo’s problem is doing nothing about income inequality.
“The idea is: we give money to the rich and it trickles down; we have decades of evidence to show it doesn’t work. If we restored the progressive tax structure we had in the '70s, we’d have $30 billion more,” he said. “That’s about 21 percent more than we take in now and that would fund the Green New Deal.”
The other points as part of the Green New Deal include raising the minimum wage to $15 an hour, ensuring New Yorkers can make a living wage with single-payer health insurance, working to limit segregation in schools, providing affordable housing and mass transit and cultivating renewable energy.
Hawkins also had strong words about hydrofracking. He said the job impact estimates for the controversial natural gas drilling process are greatly exaggerated.
“No one denies the environmental dangers of fracking,” he said. “What’s not being communicated well is the economic benefits of going to 100-percent clean energy by 2030 far outweighs any economic benefits we could get from fracking. The most outlandish estimates I’ve seen from pro-fracking flacks from the industry is 200,000 jobs. We’re talking about 4.5 million jobs over the next 15 years (with clean energy). A lot of those are manufacturing, a lot of those are construction; those are good paying jobs. You want an economic boom? Go with clean energy.”
At the corner of Route 262 and Batavia Byron Road in February 2008, there was a horrible auto accident. Two children were killed -- Victoria Claus, 7, and Christopher Claus, 11. Friends erected a memorial to the children near the intersection. Today, three young ladies who were classmates in second grade with Victoria decided to return to the memorial to clean it up and add flowers and stuffed animals. Pictured are Morgan Fuller, left, Julia Menzie and Catherine Bumsted.
Press release:
The Batavia Business Improvement District (BID) is releasing its Summer 2014 lineup for the free “Friday Night in the Square” Jackson Square Concerts, June 27th – Aug. 29th. For more than 14 years, the BID has provided free concerts in the Downtown for the Western New York community.
This year we have Greg Docencko and members of Genesee Symphony Orchestra opening for three of the scheduled concerts in conjunction with the featured groups. This is most exciting and we think everyone should enjoy this new addition to our series.
The following is the schedule of events for “Friday Night in the Square,” located in Jackson Square, in the alleyways off of Jackson or Center Streets, from 7 to 9 p.m.:
Featured Act: Stone Row (Celtic/Folk)
Featured Act: Bonnie & Collide (R & B)
Featured Group: C’est Bon All Girl Cajun Band (Cajun)
Bring your own chairs. Rain Days – Concerts move into Batavia City Centre. Food & refreshments are available from Sweet Ecstasy during the events.
The ninth season of the Downtown Batavia Public Market started today.
The Downtown FARMACY will be held from 9 a.m. to 3:30 p.m. every Thursday, through Sept. 25. The location has changed. It's now in the parking lot at Bank Street and Alva Place (across from Jerome Center/UMMC). Parking is plentiful.
Over the course of the season, there will be baked goods, fresh corn, tomatoes, berries, homemade dog treats, peaches, potatoes, BBQ sauce, honey, maple syrup, fresh cut flowers, artisan wines, handmade quilts & crafts, and lots more.
Alston's BBQ offers his famous pulled pork sandwiches, his specially made BBQ sauce, as well as hot dogs and hamburgers.
Photos by Howard Owens.
The attorney for John Robinson, the Bergen man arrested 15 months after he allegedly pointed a shotgun out a window at another person, has asked Justice Donald Kunego, Town of Bergen Court, to dismiss the case "in the interest of justice."
The motion, part of several otherwise standard defense motions filed yesterday by attorney Kevin DeCarolis, addresses all seven statutory points Kunego must consider before rendering a decision.
Assistant District Attorney Kevin Finnell filed an answering affidavit, but interestingly, did not use any sort of pointed or strong language opposing the dismissal motion.
In court yesterday, DeCarolis characterized Finnell's response as favorable to his client.
"There isn't a lot there that cuts against my client and his rights in the motion," DeCarolis told Kunego. "A lot of what he raises parrots my motion, quite frankly."
Finnell hardly disagreed, stating, "I laid out the facts as I believe them to be, but I don't know what way that cuts, but certainly it is what it is."
The facts Finnell and DeCarolis seem to agree on is that Brookport resident Michael Crooks went to Robinson's house under the belief that Robinson and Mrs. Crooks had some sort of relationship that Michael Crooks found objectionable.
Crooks banged on Robinson's front door, threatened him and called him a coward for not coming out. In the process, perhaps while trying to gain entry to the house, Crooks damaged the front door.
When he couldn't get Robinson to open the door, Crooks went to the side of the house and looked in a window. At that point, he found Robinson pointing a shotgun at him.
Crooks immediately fled the residence.
On that date, Jan. 13, 2013, Crooks never filed a complaint or even contacted law enforcement. In fact, according to DeCarolis, Crooks actively tried to evade State Police during their investigation.
Crooks was later arrested and charged with criminal mischief, 4th. A charge later dismissed on the condition Crooks not be re-arrested.
Trooper Eric Daigler, who handled the investigation, consulted with other members of his department and the District Attorney's Office on whether to charge Robinson along with Crooks, and concluded that Robinson should not be arrested.
Crooks lobbied the State Police to arrest Robinson in November 2013. When that didn't work, he contacted the Sheriff's Office, which had no prior involvement with the case, in March 2014.
Robinson was arrested by a deputy in April and charged with menacing in the second degree.
"Significantly, the New York State Police, to this day, believe that Mr. Robinson should not have been charged and are not supportive of his prosecution," DeCarolis wrote in his motion.
Finnell wrote in his motion that for basic facts -- the facts contained in the DA's own files -- he agrees. He does not agree with statements by DeCarolis that go to the state of mind or thoughts of Robinson or other parties involved.
These would include the assertion by DeCarolis that Mrs. Crooks often initiated the contact with Robinson and was a "willing participant in their communication."
DeCarolis also stated that "Due to Mr. Crook's relentless and persistent actions, aggressive demeanor and verbal threats, Mr. Robinson felt threatened in his own home."
Finnell said that Robinson's actions rose to the level of probable cause for his arrest.
In addressing one of the points Kunego is asked to consider in the motion for dismissal, Finnell wrote, "The events that led to the conflict are somewhat unique and are not likely to be repeated by this defendant. The typical societal justifications for punishment, rehabilitation, retribution and deterrence are perhaps less applicable to this fact pattern. However, the defendant here might have employed other, less inherently dangerous methods in his claimed defense of his person and property, which methods would not subject him to the possibility of criminal prosecution."
One of the key factors Kunego must consider is whether dismissal would cause the public to loose confidence in the justice system.
DeCarolis argued that public sentiment is clearly behind Robinson already, citing comments left on news media accounts of Robinson's arrest (The Batavian has provided nearly exclusive coverage of Robinson's arrest).
"People expect to be able to protect their 'castle' from attack," DeCarolis wrote. "Mr. Robinson's castle was under attack by Mr. Crooks and public opinion in form of comments on the reporting of this story in the news are overwhelmingly supportive of Mr. Robinson and his actions to thwart an uninvited and threatening presence on his property."
Finnell used an analogy of about speeding tickets in his answer and concluded, "The decision of whether or not to charge in the above scenario (or dismiss in the interests of justice in this case) requires the decision maker (the court) to look beyond what is literal and do what is right. The public's confidence in the criminal justice system will be bolstered with the just decision here, no matter what that decision ultimately is."
If the case isn't dismissed, it will likely go to trial, at which point, DeCarolis is likely to raise the defense -- also a part of his dismissal motion -- that state law allows a person to defend his person and property.
"... a person may be legally justified in his actions when he acts not only to protect himself but also to prevent a criminal trespass or even prevent damage to premises," DeCarolis wrote. "In these instances the law allows for a person to go so far as to use physical force in order to defend against these various threats."
It's been a year since the city went to a new garbage collection system that allows residents to hire their own trash hauler.
One of our local vendors, Trash Away, owned by David and Jeff Pero, celebrated their first year in business over the weekend with a picnic for their customers.
Dave, Peggy, Brian and Dan Shuknecht asked that we share this thank you:
The Benefit for Brian was a monumental success. We are grateful and appreciative for the contributions of so many people and businesses. When we were informed by our friends that they wanted to throw a benefit to help with our extensive bills from the accident, it deeply touched our hearts. Thank you doesn’t seem enough but thank you to all who helped from the planners, those who donated, helped with the raffles and in the kitchen, the bands, those who attended and to those who prayed! Thank God and the power of prayer as our prayers were answered and Brian is healing amazingly well. We are proud to live in such an incredibly generous and supportive community.
Previously:Benefit Saturday at Elba Firemen's Rec Hall to aid young burn victim and family
On the drive back from Bergen this afternoon, I stopped for a couple of pictures on Townline Road.
Press release:
The City of Batavia Fire Chief Jim Maxwell has been selected by the New York State Association of Fire Chiefs (NYSAFC) as the 2014 Career Fire Chief of the Year. Chief Maxwell received this award at the NYSAFC annual conference held on June 12th.
Chief Maxwell started working for the City in August 2010 as a 23-year veteran of the Kodak Fire Department (KFD) Eastman Kodak Company. During his career with the Kodak Fire Department, he is credited as serving as a HazMat resource tech, senior firefighter/EMT, lieutenant, captain and battalion chief. Chief Maxwell has also been a volunteer firefighter with Lakeshore Fire Department and North Greece Fire Department for more than 30 years.
City Manager Jason Molino said, "Chief Maxwell is an exemplary leader who has always been focused on putting needs of the City of Batavia residents above all else. He is forever committed to making the Batavia Fire Department the best it can be, and continues to dedicate himself to the men and women he serves with. It has been an absolute privilege working with such a professional and accomplished leader like Jim, and I congratulate him on being honored with this award."
This award is presented to association members for demonstration of exemplary leadership that has not only benefited an individual fire department, but also the emergency services of New York State. Honorees are chosen each year based upon their exemplary leadership, innovation, professional development, integrity, service to the public, and contributions to the fire service as a whole.
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