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Despite holding police officers at bay for 20 hours a week ago, despite a prior felony conviction, despite alleged mental health and substance abuse issues, under the state's new bail reform rules, Daniel Wolfe could have gotten out of jail today at no cost.

Judge Charles Zambito was only able to set bail in the case because Wolfe allegedly violated a stay-away order of protection by twice trying to contact his girlfriend, whom he allegedly abused Nov. 18 before barricading himself in his apartment at 209 Liberty St., Batavia.

Without the allegation of those phone calls, Zambito would have been forced to release Wolfe under terms of the new bail standards.

The new bail reform guidelines -- designed primarily to address pretrial confinement issues in New York City -- don't take effect until Jan. 1. But First Assistant District Attorney Melissa Cianfrini made her request for bail under the new rules because otherwise Wolfe would be entitled to a bail review Jan. 1, when he's still likely to be in pretrial status awaiting further court proceedings in his case.

In setting the amount of bail, Zambito was allowed to consider other factors in the case that indicate Wolfe's potential to flee the court's jurisdiction. These include: the 20-hour standoff; the potential for a harsher sentence because of Wolfe's 2012 felony conviction; his potential for untreated mental health and substance abuse issues; and the fact he has a relative in Alaska, where he lived for a while in 2012.

Zambito also could take into account the fact that Wolfe doesn't have an apparent place to live now that his apartment is destroyed, though he also needed to consider Wolfe's inability to pay cash bail because he isn't employed.

Zambito set bail at $10,000 cash, $25,000 insurance bond, or $50,000 partially secured bond. Cianfrini requested $25,000 cash bail and Public Defender Jerry Ader requested $5,000 bail.

Previously:

• Liberty Street standoff ends; suspect being transported by ambulance
• Video: Part I of the Liberty Street standoff
• Video: End of the 20-hour standoff on Liberty Street
• Subject of 20-hour standoff on Liberty Street facing at least five criminal charges
• Defendant in 20-hour standoff appears in court, case continued to Dec. 1

As "Movember" comes to a close, members of the Batavia Police Department presented a donation of $2,215 to Genesee Cancer Assistance.

During November, officers were allowed to grow facial hair so long as they paid "fines" to Genesee Cancer Assistance.

Female members of the department also made donations and the Police Benevolent Association made a sizable donation, too.

Developer Sam Savarino heads into the holiday season optimistic that once the weather clears in the spring he will finally be able to begin construction on Ellicott Station -- the restaurant/brewery, apartment, and office complex on the former Della Penna and Santy properties on Ellicott Street in the City of Batavia.

Savarino said within days, once the application window is open, Savarino Companies will submit an application for funding assistance to the state's Home and Community Renewal agency and he expects a determination to be reached in January sometime.

It was good news last week, he said, when he learned that the Department of Environmental Conservation had opened public comment period for expedited remediation of environmental contamination at the sites.

Work will begin with cleanup of contamination followed by demolition of a portion of the main Della Penna building (the front part) and the rest of the buildings on the two sites. Then construction of the restaurant and brewery for Resurgence Brewing Company in Buffalo will begin.

If all goes according to schedule, the total project -- including office space and 55 apartments -- will be completed in October 2021.

There's a significant change in the funding plan. Savarino initially intended to finance the $19 million project (now $1.4 million more than the earlier estimates) using a federal program known as the New Market Tax Credit, where investors could get a tax break for backing the project.

Savarino said the timing of the project no longer favors using the New Market Tax Credit program.

He said, "a lot more of my money" is going into the construction of the multi-use complex to ensure the project is fully financed.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.59, down 1 cent since last week. One year ago, the price was $2.56. The New York State average is $2.68 – down 1cent from last week. A year ago, the NYS average was $2.83. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.66 (up 1 cent since last week)
• Buffalo -- $2.63 (up 1 cent since last week)
• Ithaca -- $2.67 (up 1 cent since last week)
• Rochester -- $2.67 (up 1 cent since last week)
• Rome -- $2.62 (down 1 cent since last week)
• Syracuse -- $2.58 (no change since last week)
• Watertown -- $2.66 (no change since last week)

The national average price for regular unleaded gasoline is down a penny as we enter the Thanksgiving holiday travel period. The latest data from the Energy Information Administration (EIA) revealed that total domestic gas stocks were up last week, though they are lower than where they were last year at this time.

Growth in stocks and lower gasoline demand have helped to push the national average down by 1 cent. However, demand is likely to increase with holiday travel. This year, AAA expects more than 55 million people to travel for Thanksgiving.

The majority of travelers will travel by car, but air travel is expected to be up almost 5 percent. Gas prices are not expected to deter any travelers from making their holiday trips.

The Genesee Valley Wind Ensemble performs at 4 p.m. today at Pembroke High School.  Here's one of the numbers ensemble will play, American Overture for Band by Joseph Jenkins conducted by Philip J. Briatico.

Richard Umlauf is taking up the cause of getting a new skateboard park built in Batavia.

Until a few years ago, there was one behind Falleti Ice Arena off of Evans, but the location meant it got little use and it became a magnet for low-level drug use, according to police.

Umlauf is aware of those issues so he connected with Tony Hawk Foundation, which provides grants, in conjunction with the Ralph C. Wilson Jr. Foundation, to help build community skate parks.

Last Saturday, Umlauf organized the first meeting for skatepark supporters Trevor Staples, who is with the Tony Hawk Foundation, flew in from Michigan to attend the meeting and explain how the grant program works.

It will be up to a group of committed skateboard park supporters to raise as much as $250,000 for a skate park. The foundations will match up to $250,000, making a $500,000 park possible. 

The organizers will also need to secure the support of the city as well as space for the park from the city, perhaps in an existing city park.

Genesee Valley Wind Ensemble will hold its Fall Concert at 4 p.m. on Sunday at the Pembroke High School. It is located at 8750 Alleghany Road, Pembroke.

The purpose of the GVWE is to serve and to provide the Greater Genesee Valley audience with new and familiar live music, to serve its membership with the opportunity to perform challenging wind ensemble literature and to create the opportunity for the conductor and musicians to grow their collective musical talents.

Admission: $10 -- Adults; $8 -- Seniors (55+) & Veterans; $5 -- Students (with ID); Free -- Children 5 years old & under; $25 -- Family Deal for immediate family and children as defined by mother and/or father and up to four children.

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The owner of Bourbon & Burger Co. and The Coffee Press, Derek Geib, has acquired Ken's Charcoal Pits from local businessman Ken Mistler.

"Essentially, Kenny was just at the point where he wanted to sell and I was at the point where it made sense," Geib said.

What attracted Geib to the property was its location and its unique amenities, such as a first-class downstairs banquet facility, a brick pizza oven, an outdoor, all-season patio, and the walk-in food counter at the front of the building.

"Kenny's put a ridiculous amount of money and time into this location," Geib said. "It's got access on Main Street and from the parking lot, beautiful downstairs banquet space, the outdoor patio, which is unlike any other in Batavia. I mean, he's got one-of-kind pizza, the charcoal pit that's in the front. There was just there's so much potential in this space and in Kenny's put it in a position to be very successful."

Mistler purchased the building a few months after the former South Beach Restaurant closed its doors suddenly in 2009. He operated the restaurant as South Beach for a short time and then changed the name to City Slickers. About a year ago, he changed the name to Ken's Charcoal Pits.

Geib isn't ready to announce the new name of the restaurant and said that while the main restaurant menu will change, the pizza and charcoal pits will remain the same.

"We'd like to have this all done early next year, which is very aggressive," Geib said.

Mistler owns several other downtown properties, including the former Genesee Bank building at Jackson and Main and the former Carr's building. We couldn't reach him late this afternoon for comment but Geib said Mistler will still be around. He's offered to continue to help with the business and he enjoys cooking pizza.

Previously:

• New tavern and burger joint opens on Jackson Street
• The Coffee Press on Jackson Street, now open, aims to be hometown hangout

There's some progress to report on the development of Ellicott Station though the finish line for the project isn't yet clearly in sight.

This week, the Department of Environmental  Conservation opened a public comment period for an expedited cleanup of contamination at the Ellicott Station Site, 40-52 Ellicott St., which is part of the Brownfield Cleanup Program. 

The comment period is open through Dec. 20. 

City Manager Martin Moore explained this afternoon that the fact that the DEC has opened an expedited comment period means that the developer, Savarino Companies, has requested permits for the cleanup work, which the DEC states will take place this winter.  

Still pending for Savarino is the final piece of the puzzle of a complex financing plan that includes support from Homes and Community Renewal, a state agency. 

An application for assistance was turned down last year and the application process this year ends in December. It's unclear how long it will take for Savarino to get a response on the application.

"To his credit," Moore said, "he hired a consultant experienced in working with Homes and Community Renewal."

Sam Savarino did not respond to a text message sent to him earlier today asking for an update on the project.

The vast majority of financing for the $17.6 million project will come from private funds, either Savarino's own money or investment by private institutions individuals through the New Markets Tax Credit Program. To be financially viable on a brownfield site in an economically distressed neighborhood, the project needs state assistance and tax abatements through the Genesee County Economic Development Center.

Once completed, Ellicott Station is expected to add 68 full-time equivalent jobs in the community and will include the construction of 99,000 square feet of brewery, restaurant and beer garden, plus a five-story apartment building with 55 apartments and office space.

For previous coverage, click here. For details on the site cleanup and the public comment period, click here (pdf).

In 1994, Ken Barrett and partner Virgil Austin purchased a Chevrolet dealership with seven decades of service to the residents of Genesee County and yesterday, Barrett, along with representatives of General Motors, celebrated the 25th anniversary of Ken Barrett Chevrolet Cadillac.

On hand to present Barrett with the dealership's 25-year awards were Natalie Taylor, Chevrolet zone manager, Dan Oldham, district after-sales manager, and Weston Lee, district sales manager.

Today, Ken Barrett's employs 41 people.

The roots of the dealership go back to Mancuso Motors in the 1920s when the Mancuso family operated the dealership where T.F. Brown's and Mancuso Lanes are now. In the 1960s, the dealership was relocated to West Main Street, the current location of Ken Barrett's, and became Batavia Motors.  

Dave Heinrich Sr. purchased the dealership from the Mancuso family in 1990. Four years later he sold it to Barrett and Austin. Austin passed in 2013 at age 93. Barrett said Austin continued to work up until a few months before he died.

In 2003, Barrett's built a new showroom and over the years expanded its collision center from 4,400 square feet to more than 16,500 square feet, with the most recent upgraded completed in 2011.

Ken Barrett said it's great to hit the 25-year milestone.

"You know, don't use a rearview mirror, so everything is looking forward," Barrett said. "I have absolutely no regrets. There's a lot of unanticipated challenges between the regulations and the pace of change, which we all deal with. I've been very fortunate. I should say, we've been very fortunate that we've been able to have an exceptional staff.

"And by and large, they cared deeply for the customers. They worked well together. There's a real sense of teamwork. And if, heaven forbid, a ball gets dropped, usually somebody else is right there to pick it up."

This year is also the 25th anniversary of the Salvation Army/WBTA/Ken Barrett Toy Drive, which is Dec. 13. Barrett said the dealership has contributed more than $500,000 to local organizations and charities over the years.

"We are firm believers in supporting the community that supports us," Barrett said.

Katie Moore, a standout with Batavia High School's soccer team, signed a Division I scholarship offer this week with Jacksonville University in Florida.

Photo: Steve Moore, Katie Moore, Melissa Moore, William Buckenmeyer, Roger Hume, and Chris Chilano.

Submitted photo.

An elderly man, with a walker, apparently slipped and fell while trying to cross Main Street by the Old Courthouse and Tim Hortons in Batavia at about 3:20 p.m.

Mercy EMS, city fire, and Batavia PD responded and westbound traffic was tied up for about 20 minutes.

The man was not hit by a car but an officer said he was bleeding from his head. He was transported to UMMC for treatment and evaluation.

The County's STOP-DWI program today honored the law enforcement officers with the most DWI arrests for the 12 months between June 2018 and July 2019 and the two officers who were the top cops last year were honored again this year.

Officer Mitchell Cowen, Batavia PD, is pictured above on left with Assistant Police Chief Todd Crossett.

Deputy Mathew Clor, center, is pictured with Chief Deputy (Road Patrol) Brian Frieday, left, and Undersheriff Brad Mazur.

The challenge coin each officer receives.

Poster contest winners: Jackson Lundfelt, Ciara Trigilio, Jade Wolff, Grace Shepard, Brooke Jarkiewicz, Zoey Shepard. Shannon Campbell. Oscar Staba, and Taylor Hutton.

Batavia High School's Production Club this weekend presents "Shrek: The Musical."

Tickets are $10 at the door and $8 for students and seniors. They're available in advance for $9 through showtix4u.com.

Showtimes are Friday and Saturday at 7 p.m. and at 2 p.m. on Sunday.

Daniel Wolfe, the man accused of hitting his girlfriend before barricading himself in his apartment on Liberty Street, made a routine follow-up appearance in Batavia City Court this morning.

Wolfe had previously pled not guilty at his initial appearance to charges of first-degree criminal contempt, two counts of criminal possession of a weapon in the third degree, menacing, 2nd, and harassment, 2nd.

Today he was represented by public defender Jerry Ader.

Ader preserved his client's right to a felony hearing at a later date, and said his office is still investigating the case so he has no motions to make at this time. He asked that the case be continued in City Court until Dec. 12.

Judge Robert Balbick granted all of Ader's requests.

Wolfe, shackled and in an orange jail jumpsuit, said nothing while standing before Balbick.

About a dozen people turned out Wednesday night for a local observance of Transgender Day of Remembrance.

The event is observed nationally every Nov. 20 but this is the first time a candlelight vigil has been held in Batavia.

Lauren Berger, who organized the event on behalf of Restore Sexual Assault Services, said the holding an event in Batavia was intended to raise awareness, remember transgender people who have been victims of violence, and support GLOW Out and the pride parade held in Batavia this past summer.

"We just wanted to bring that here so that folks come out, see what was going on, possibly get them connected with local efforts and let them know that even when we're out here and that we might be small, we're aware of what's going on," Berger said. "We support folks in our lives who we care about who might be at risk."

A caller reports that two females are fighting in the parking lot of the 7-Eleven in Oakfield.

The caller reports they appear to be intoxicated.

One is slinging a jar of pickles at the other.

"Copy, pickles," the responding deputy tells dispatch.

Press release:

On Monday, Nov. 18 at approximately 1:18 p.m., the Genesee County Dispatch Center received a domestic call at 209 Liberty St.

The caller reported that an intoxicated male struck a female and the male was in possession of a sword. It was also reported that the female was able to escape the residence.

Officers from the Batavia Police Department arrived on scene and encountered the male, who had barricaded himself inside the residence. The female was located and found safe at a neighbor’s home.

The suspect, who remained inside the house, began shooting at officers with a BB rifle.

Immediately, the Batavia Police Department set up a perimeter around the residence and neighbors were told to shelter in place. The Batavia City School District was informed of the incident so appropriate measures could be taken to ensure the safety of the students, including students attending the Jackson Primary School, located a few blocks away.

Batavia Police negotiators were called to the scene along with the Batavia Police Emergency Response Team (ERT), the New York State Police, and the Genesee County Sheriff’s Office / K-9 Unit and the New York State Department of Environmental Conservation K-9 Unit.

Negotiators were able to make verbal contact with the suspect who was identified as Daniel Wolfe, 45, who resided at 209 Liberty St. in the upstairs apartment. Wolfe repeatedly told negotiators that he wanted officers to kill him. He refused officers' commands to come out of the house.  

The Genesee County Sheriff’s K-9 handler attempted to send "Frankie" inside to safely take Wolfe into custody. Wolfe then attempted to slash Frankie with a knife, and the handler pulled Frankie back to safety.

Wolfe continued to tell officers throughout the incident that he wanted officers to kill him, and he threatened to shoot officers.

Several options were tried to get Wolfe to surrender that included the launching of chemical agents into the residence and the use of robots/drones to determine where he was in the residence. Other negotiating and swat teams were called in to assist.

After approximately 20 hours, Wolfe exited the residence and surrendered to Detective Sargent Kevin Czora of the Batavia Police Department.

Wolfe was transported to Strong Memorial Hospital for injuries he sustained during the incident. These injuries were self-inflicted. All officers on the scene and civilians in the neighborhood were unharmed during this incident.

Wolfe was later released from Strong hospital, at which time he was arrested by Batavia Police Department on charges of first-degree criminal contempt, two counts of criminal possession of a weapon in the third degree, menacing, 2nd, and harassment, 2nd.

Wolfe was arraigned in Batavia City Court on Nov. 19 and is being held without bail at the Genesee County Jail.  He will reappear in Batavia City Court at 11 a.m. tomorrow (Nov. 21). Additional charges are pending.

The Batavia Police Department would like to thank: the Genesee County Sheriff’s Office; Orleans County SWAT; New York State Police troopers; negotiators; drone unit; K-9 unit; and SORT teams; the New York State Department of Environmental Conservation K-9 Unit; Monroe County Crisis Negotiating Team; Genesee County Emergency Management; Genesee County Dispatch Center; City of Batavia Fire Department; Mercy EMS; and the numerous citizens who supported the efforts, both on the scene and in the days following this incident.

Photos: Top photo: still from the video shot yesterday of Wolfe and Det. Kevin Czora and an unidentified plainclothes State Trooper slowly walking Wolfe from the apartment where he had been barricaded to a waiting ambulance. Bottom photo, still from a previously unreleased portion of the video where Wolfe turned to look down the street, and pulled back slightly, as Czora and the trooper tried to coax him into the ambulance.