Stories from

Tracy Lynn Damato, 47, of Horsehoe Lake Road, Batavia, is charged with petit larceny. Damato is accused of stealing $19.99 in merchandise from Kmart.

Jordon Elizabeth Prescott, 19, of Ellicott Street Road, Bethany, is charged with criminal trespass, 3rd, and criminal contempt, 2nd. Prescott is accused of being at College Village after being barred from the property. She is accused of violating an order of protection by coming into contact with the security guard that was on duty at College Village.

Travis S. Bartz, 37, of Alexander, is charged with a violation of probation and criminal contempt, 2nd. Bartz was allegedly located at a residence on Route 98, Town of Attica, Wyoming County, by State Police in violation of probation conditions and a current stay-away order of protection.

Kimberley A. Smith, 36, of Alexander, is charged with felony DWI, felony driving with a BAC of .08 or higher and failure to stop at stop sign. Smith was arrested at 6:27 p.m. Wednesday on Brookville Road, Alexander, by State Police. Following her arrest, she was released to a third party.

Lamar Iteef Randall, 28, of Spruce Avenue, Rochester, is charged with criminal possession of a controlled substance, 5th. Randall was arrested on a warrant out of Stafford Town Court upon his release from Monroe County Jail where he was being held on an unrelated charged. He was jailed on $5,000 bail.

Do high school athletic programs hinder academics?

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A bank survalliance photo released to the media following the alleged Oct. 24 bank robbery. There is no mug shot available of Frank L. Schiavi.

A 28-year-old Batavia man is sitting in the Monroe County Jail awaiting further court proceedings on a pair of third degree robbery charges.

Frank L. Schiavi was originally arraigned in Monroe County Court on the two-count indictment against him July 3. He was picked up by U.S. Marshals last week with the assistance of Batavia PD and the Sheriff's Office for allegedly missing a court date.

He is now being held on $5,000 bail or $10,000 bond.

Schiavi is accused of twice robbing a First Niagara Bank location at 532 Chili Ave., Rochester, on Oct. 24 and again on Feb. 6.

Sgt. Elena Correia, public information officer for RPD, said Schiavi allegedly put a mask over his face just prior to entering the bank and once inside he robbed the bank.

In both cases, the suspect fled and RPD conducted an extensive search of the area and no arrest was made.

Although bank employees were able to see the suspect's face in both robberies and the public was alerted to the suspect information through media releases, RPD investigators were unable to develop any concrete leads.

That led investigators to believe the suspect was not from Monroe County.

On the same day as the second robbery, Batavia PD received a report from a concerned citizen about a suspicious person in the area.

Batavia PD and the FBI followed up on the information and obtained a photograph of the suspicious person.

The photo was used to help identify Schiavi as the robbery suspect.

There was apparently no public announcement of Schiavi's arrest at the time. The Batavian learned about the case from a Batavia resident who also claimed knowledge of related law enforcement activity.

The source said there was a subject arrested Monday at an address on Jackson Street. While neighbors said they saw members law enforcement at that address Monday and one neighbor said he saw a man in handcuffs, a check with the Sheriff's Office, Batavia PD and the FBI turned up no record of law enforcement activity at that address on that day. The U.S. Marshal's Office did not return our phone calls, but the U.S. Attorney's Office for WNY also found no records of federal law enforcement activity at that address.

The source also claimed federal law enforcement was looking for a subject who has left the state. While coworkers of a person this subject is believed to be traveling with said that people they believed to be federal agents came looking for the the peson, no agency contacted by The Batavian has any knowledge, they say, of who the person is, and they say he is not the subject of an investigation and they are not actively trying to find him.

It's unknown at this time how much money may have been taken from the banks. 

A car has hit a tree at Judge and Feeder roads, Alabama.

There are reportedly minor injuries.

Alabama fire and Mercy EMS responding.

UPDATE 9:34 p.m.: Alabama is back in service.

Boys and girls in grades 9-12 looking to advance their hoop dreams are invited to a basketball mini-camp starting Oct. 7 at Batavia High School.

The camp is hosted by Batavia Boys Varsity Basketball Coach Buddy Brasky and sponsored by the Batavia Boys Basketball Booster Club.

The camp will focus on improving offensive skills and it will be held from 7 to 9 p.m. every Monday and Thursday in October.

The cost is $125 and Brasky said the camp is designed for experienced and serious players only.

For more information, contact Brasky at (585) 356=4050 or e-mail him at mbrasky@bataviacsd.org

Torrey Farms is being honored Oct. 1 with the 2013 Grower Achievement Award by United Fresh, a growers' association.

One of county's largest farms, the Torreys are being recognized for grower operations that strive to grow and market high-quality produce while contributing to the good of the industry.

Maureen Torrey has become a strong advocate in Washington, D.C., and elsewhere for public policies that protect farmers and promote agriculture.

She has testified before the House Committee on Agriculture regarding the farm bill and immigration policy.

Last year, for example, Torrey Farms lost 92 of 100 employees working in the packing shed following an I-9 audit. 

"The employees we lost averaged about 18 years of experience," Torrey told United Fresh. "Now we have to build it up from scratch."

The award will be given at the United Fresh annual Washington Public Policy Conference.

At the conference, produce industry leaders from across the supply chain meet with congressional lawmakers and their staff, as well as officials from the Food and Drug Administration to discuss policy issues that affect the agriculture industry.

(via OrleansHub)

A reader sent me a note this morning to draw my attention to the handiwork of a beaver on the Tonawanda Creek near the Lyons Street bridge. This afternoon, I found the beaver's felled tree, perhaps the beginning of a new dam project, and also this blue heron hunting for lunch.

While there are few people walking into the Genesee County Clerk's Office to handle their DMV business, County Clerk Don Read told legislators yesterday, booming auto sales at area dealerships are more than making up for the lost revenue.

Still, Read would like to see more residents -- especially county employees -- realize that when they register their vehicles by mail directly with Albany, the county gets far less of that revenue than if the registration is handled locally.

"There's a major state initiative to move toward the Internet and kiosks," Read said. "That takes revenue away from the county office. They're doing it primarily because they want more of the revenue, and secondarily because they have an interest in reducing the cost at the motor vehicle offices in New York City, the surrounding counties and Long Island and Albany and Onondaga counties."

While local dealers have been selling more cars, so have dealers throughout the region. One large dealer with multiple locations does all of his business with the Genesee County DMV office because he gets better service.

Last Monday, that dealer brought in 295 new vehicle registrations. The following Wednesday, 40, and then on Friday, 130.

That dealer alone will probably account for $100,000 in revenue for the county, Read said.

Even so, Read would like a memo to go out -- perhaps even the proper forms included with paychecks -- to county employees reminding them to register their vehicles locally.

According to read, the county is currently only getting about 10 percent of its own employees' vehicle registration business. If there was a way to capture 100 percent of the business from the county's 230 employees (at an average, Read speculates, of three cars per household), Read said, it would mean another $100,000 in revenue annually.

"The best we can do is try to encourage them and hope they realize they're taking money out of their own pockets when they don't do it," Read said.

While the vehicle registration drop boxes on Court Street in Batavia and in Le Roy continue to help generate vehicle registration business for the county, the drop box installed last year in Bergen isn't doing much. It hardly pays to send an employee out three times a week to check on it, Read said.

Read would like to do more marketing to encourage people to register their vehicles locally, but in these days of tight budgets there aren't funds available to buy advertising.

In other Clerk's Office news: Michael Cianfrini, Oakfield town supervisor and son of Legislator Ray Cianfrini, will become the new deputy clerk. Cianfrini brings the added bonus, Read said, of being a licensed attorney. While Read had some hesitation about whether to appoint the son of a sitting legislator, he decided "the office shouldn't suffer because his dad is on the Legislature."  Read described him as clearly the most qualified candidate among a very competitive group of candidates.

Michael Cianfrini has been working in Ray Cianfrini's law office in Oakfield.

"The county's gain is my loss," Ray said.

"I'm really looking forward to him joining the office," Read said.

A start date for Cianfrini in his new post has not be set yet.

We requested a statement from Sen. Michael Ranzenhofer about the unelected NYS Corrections Commission requiring Genesee County to add $1 million annually to the county budget to fund 10 more jail guards.

Here's Sen. Ranzenhofer's statement:

I have recently had an opportunity to speak with Genesee County Officials about the Commission’s report concerning the county jail. Our office will be happy to work with the Sheriff’s Office and members of the Genesee County Legislature in the event they believe we can be of assistance to them.

Tom Hunt sent in this picture of the Batavia HS Class of 1963, which held a 50th Anniversary Reunion dinner at Bohn's this past weekend.

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Here are the photos from tonight's fire at Terry Smart's place on Roanoke Road, Stafford. We don't much new information at this hour.

The cause of the fire remains undetermined and the investigation is continuing.

As we reported earlier, four pigs, 16 chickens and two dogs died in the fire.

Smart said it was impossible to save the dogs from the fire and they were humanely dispatched.

Smart also said neither the barn nor the livestock were insured.

Here's our coverage from the 2010 fire that destroyed his 187-year-old farmhouse. 

The barn was probably built about the same as the previously destroyed house.

To purchase prints, click here.

There's more demand than space for student housing, so officials are planning two more housing units at College Village.

The expansion will provide housing for 42 more Genesee Community College students than the 389 accommodated now in the nine existing buildings.

College Village is owned and run by Genesee Community College Foundation Housing Services Inc.,

Director John Sisson shared the development plans with the Town of Batavia Planning Board last night. He said if site plan approval is granted Oct. 1, construction will begin almost immediately with plans to have the new units ready for students at the start of the 2014 school year.

Of course, any discussion of College Village quickly turns to the issue of fire department calls to student housing.

Sisson said the college is working very hard with students to reduce the number of fire calls.  Last fall, there were 24 fire alarms at College Village. So far this year their have been 10.

Town of Batavia fire, an all-volunteer department, responds to each and every call of burnt popcorn, burnt grilled cheese and smoking pots of overcooked soup.

"When they get a call they want to come out," Sisson said. "They support coming to calls 100 percent because it's a high volume of people that needs extra attention paid to them."

College Village now offers cooking classes for students at the start of the year along with fire safety training.

First Assistant Chief Nate Fix conducts a fire safety class that is mandatory for all village residents.

"Nate Fix does a great job," Sisson said. "The students are there. They're attentive and they listen. I think you'll see a reduction in fire calls."

If there is a fire call, once construction is completed, firefighters will find it easier to get their new 80,000-pound ladder truck into the quad, giving the ladder truck access to all the buildings. The sidewalk into the quad is being widened to 24 feet, with concrete poured deeper to support the weight of the truck.

GCC is unique among the state's two-year schools because it attracts about a quarter of its students from outside its market area, said Rick Ensman, director of development and external affairs for GCC.

Even with the expansion, there will remain more demand for student housing than available units, he said.

"Housing adjacent the campus makes or breaks a decision to attend specialized programs," Ensman said.

UPDATE: The total cost of the project is $2.81 million, according to Ensman. That includes all planning, building, furniture, equipment, etc., as well as debt financing. The project will be funded through a private loan to the foundation and repaid through fees paid by students.

It looks like a go for a new Tim Horton's on the west side of Batavia. The Town Planning Board was given a chance to see the final plans for the coffee shop and adjacent retail building last night and it doesn't appear there will be any opposition.

The final site plan is expected to be approved at the board's next meeting Oct. 1.

The location is between West Main Street Road and Lewiston Road behind Rite Aid. There will be driveways on Lewiston Road and Colonial Boulevard.

One Colonial Boulevard resident was at Tuesday's meeting, Amy DiSalvo. Tim Horton's architect Matt Oats showed how the plans included a privacy fence along DiSalvo's property and she said she was satisfied with the plan.

The Tim Horton's will seat 48 people, including 16 in an outdoors patio area. it will also have a drive-thru.

On the West Main Street side of the road will be a retail building that can accommodate from one to three tenants. There are no signed leases yet for the space. 

The entire parcel with both buildings erected will have 45 parking spaces.

Construction on the retail building can begin as soon as the site plan is removed. 

Workers can't build the Tim Horton's building until the current brick building on Lewiston is removed, with demolition requiring environmental approvals.

Bob Bender, project manager for Benderson Development, said he hopes construction can begin in November and weather permitting, construction will take 90 days.

The franchise owner for the location has not yet been announced.

On an overcast day, I drove past this farmfield on Route 262 in Bergen and thought on a bright, blue-sky afternoon it might make a good picture. Yesterday, with a little available time and the sun heading west with a clear sky, I drove out the same location to make this picture.

Kevin Scroger was mowing the grass on the shoulder with his granddaughter Leyna Perkins, age 3 1/2. He told me the field was soybeans, near time for harvest. He's also pictured with his grandson, Carter Perkins, age 1. You may remember Kevin from the piece we did on the Hawleys' barley harvest.

The bottom picture is of Marty McDonald's barn and silos in Stafford.

About two dozen community leaders and interested residents hopped on a bright yellow school bus on a perfect blue-sky day to visit a couple of local farms and learn about soil and water conservation.

The event was the annual ag tour sponsored by the chamber's agriculture committee.

"Trenching is the word of the day," said Susie Boyce, representing an area insurance company. "You really don't think about how the farmers are all trenching to get the water out of the fields. It's not something that I drive by a field and say, 'oh, that field is trenched.' It's not something the everyday person thinks about."

Every year the ag tour focuses on a different topic related to farming. This year, the primary topic is about how technology is helping farmers protect soil better and increase yields through better field drainage.

The first stop was out in the muck where Chad Klotzbach and his father Drew, owner of Alleghany Farm Services, talked about how they can lay a drainage system in a farmfield with  half-inch precision to ensure the most efficient water drainage.

Keeping sections of fields from flooding increases crop yields.

The second stop was CY Farms, where Christian Yunker explained their drainage strategies and showed off a large tractor and implement that can level a farmfield with a precise 1-percent grade.

From CY Farms, the group went to a nearby field owned by Torrey Farms where Travis Torrey and George Squires, from the Soil and Water Conservation District, talked about how the Torrey's reclaimed a good portion of the field from overgrowth and are using different crops grown in concert to help protect and preserve the soil.

"This is stuff you're not going to get sitting in my office every day," County Manger Jay Gsell said about the ag tour. "This (the tour) is a valuable investment every year to go out and see how the different farms are doing things. Here we are, the number-one vegetable grower in the state and we're seeing how these guys aren't just growing vegetables but they're responsible stewards of the land."

Sam Leadley, husband of Legislator Esther Leadley, expressed a bit of awe at seeing how far agriculture technology has advanced. He worked on prototypes of precision plows at Cornell in the 1950s, and now the basis of that technology is commonplace on farms.

"It (the tour) gives you an overall perspective on the county as a whole," Leadley said. "We see our potential for increasing the productivity of our farmland. There's not a lot more to put into production so we've got to get more out of every acre."

Nobody's making more land, was an oft-repeated phrase yesterday, and Squires noted that with land assessments going up (meaning higher taxes for farmers), increasing crop yields is critical for farmers to remain profitable.

"I think every operation we've stopped at has been impressive," said Danielle Dills, a staffer for Rep. Chris Collins and a resident of the area who grew up on a family farm. "I take note of the hard work that goes into producing what we eat. It's not just planting something and picking some produce. It's investing in the land and making sure the practices you do to get that produce are conservationally sound and improve the area we live in."

Shelia Hess, representing New York Green and owner of her own consulting business, Conservation Connects, spoke to the group in the morning before the tour about the "green Genesee road map," an effort to develop a comprehensive plan for environmental conservation in Genesee County.

She said there's always a tension over competing needs for land and a plan would help balance those demands with the needs of conservation.

"We can't make more land so the competition goes up about what we do with the land we have," Hess said. "There is a three-way tug of war between natural resource conservation, whether it's wetlands or forest, development, whether residential or commercial, and farming. You can take any piece of property from Genesee County and there's always that conversation -- what's the best use of this property. I think we're going to see that tension increase, so it's a good time to look at a plan so communities can start to think about a bigger picture and not go site by site."

Chad Klotzbach

Sam Leadley asks a question.

Drew and Chad Klotzbach

Christian Yunker

Yunker and George Squires

Yunker and Jay Gsell

Travis Torrey

Gsell listens to Torrey and Squires with others in the group.

George Squires

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The Batavian: State mandating another $1 million in county expense to run jail

The Wyoming County father who slammed his 7-year-old son to the floor while shopping at Walmart in May will spend nearly six months in jail.

Christopher P. Cummings. 28, could have avoided straight jail time if he hadn't violated the terms of his plea bargain, which included no additional arrests.

Cummings entered a guilty plea in June to one count of endangering the welfare of child and would have received a sentence known as "shock probation" (intermittent jail followed by five years probation). But he was subsequently arrested for allegedly driving under the influence of drugs and alcohol in Genesee County and on a DWI charge in Wyoming County.

"Whenever you've appeared in court you've been polite and cooperative," said Town of Batavia Judge Thomas Williams. "Outside of court is where the problem is, and it seems you have not really accepted accountability for your conduct. You haven't dealt with the issues that brought you here in the first place."

Cummings said nothing during sentencing nor did Williams ask him for a statement.

He was immediately taken into custody by a deputy in the courtroom along with two other current jail inmates.

Williams also barred Cummings from any contact with his son for three years, though that order could be modified to allow visitation by Family Court.

Cummings was located by State Police within two hours of the incident after a photo of Cummings was posted on The Batavian and dozens of readers contacted local law enforcement agencies with tips.

Police, and readers, were concerned that the boy may have been injured. The boy was not injured in the incident.

Also in Batavia Town Court today:

• Two of the four men suspected of participating in a $10,000 heist of smartphones from the AT&T store on Veterans Memorial Drive appeared in court. The cases of James P. Garcia and Anthony F. Bovenzi-Ortiz were continued until Oct. 15 pending possible grand jury indictment or a plea offer.
• John J. Saddler, 26, charged with attempted rape, appeared in court and his attorney Mehmet Okay said he was seeking a pre-trial hearing for his client. ADA Will Zickl said he would oppose such a hearing at this time because there is a parole detainer on Saddler. Justice Williams acknowledged that under state bail guidelines he should not have set bail for Saddler (at $10,000) at his initial court appearance, though bail was continued at that amount pending any possible petition by Saddler to Judge Robert C. Noonan in County Court for a bail review.

From Matt Landers:

The Genesee County Republican Committee had its reorganizational meeting last night to select a slate of officers for the upcoming year. Reelected for another term was Chairman Richard Siebert, who resides in Stafford, Vice-chairman Don Read from Pembroke, 2nd Vice-chair Roxanna Given from Elba, Secretary Kathy Jasinski from the Town of Batavia and Treasurer Matt Landers from the City of Batavia. Dave Saleh stepped down as the Committee's parliamentarian, after serving the Committee for more than a decade. Replacing Dave as parliamentarian will be Mark Boylan from Le Roy.

In addition, John Rizzo from Le Roy and Barbara Eddy from Alexander were elected to serve as Genesee County's representatives on the State Republican Committee.

Press release:

The American Legion Botts Fiorito Post 576 announces Selby Davis as the recipient of the Americanism Award. This award is to recognize people who demonstrate the true spirit of Americanism, its ideals, love of flag and country, regardless of race, color or creed. Good citizenship by carrying out these principles, often beyond that expected of him or her, also service to the community, signified by excellence in life of purpose and accomplishment.

Selby is the director and chef of Grace’s Kitchen. The purpose of the Kitchen is to provide a free dinner for the community one night a week, currently on Tuesday. It is a volunteer effort on her part, and is a great commitment to Shelby’s time, keeping her close to home all year long.

Many volunteers continually come forward to help in the kitchen and dining room, on a week-to-week basis. It was not difficult gathering volunteers: they come in great numbers -- a testament to the need that the Kitchen addresses. 

She has one donated freezer and uses her personal freezer for storage of frozen items purchased from Foodlink and those donated by local farmers and others. LCCP's office, located at the parsonage for the First Baptist Church, houses a pantry and one other room for the storage of dry goods for Grace's Kitchen. 

Selby has been the president, vice president and board secretary for LCCP. She also works at the Oatka Festival, the annual auction, and most other fundraising events LCCP holds. She is now a staff member.

Selby has served on the boards of the Ronald McDonald House, Jones Chemicals, and the Children’s Home Association (as president, VP, and secretary). She has served on the Women’s Initiatives Network of the YWCA, on The Fabulous Females Brunch committee for 11 years (one as chairperson), and also on the selection committee for the Fabulous Females Award. This award honors women who have served the community in a way that is true to the ideals of the YWCA.

Selby has also volunteered on the board of deacons and session of the First Presbyterian Church, for Our Lady of Mercy Parish, and currently serves on the vestry of St. Mark’s Episcopal Church in Le Roy.

Selby has two sons Nicholas, 27, currently attending the Kenan-Flagler School of Business at UNC Chapel Hill, N.C., and Jeffrey, 24, working in Arlington, Va. She was very involved in their upbringing -- attending all school and church events, hockey and basketball practices and games, and golf matches, and taking them on trips to see our wonderful United States of America.

She is the daughter of Frank Davis and the late Nancy Jones Davis. She also has a sister, Hannah Davis ,and three brothers, Ben, Hugh and Andrew.

Selby has a deep connection to Le Roy and a commitment to the needs of people in the community. She has the ability to address these needs with a combination of grace and humor she seeks to serve at every turn of her life and uses her many skills to initiate, organize and implement activities that will best serve her community.

She will be honored Oct. 12, at the American Legion Botts Fiorito Post 576, 53 W. Main St. Le Roy. For information contact The American Legion at 768-2090.