batavia

Temperatures could drop as low as 25 degrees tonight and that is going to be bad news for flowering trees, budding plants and other shrubs with newly sprung sensitive leaves.

"Twenty eight degrees is the critical temperature," said Jan Beglinger, agriculture outreach educator and master gardener coordinator for the Genesee County Cornell Cooperative Extension.

If it drops below 28 degrees -- especially if there is no breeze and cloud cover -- a lot of plants could be damaged.

Beglinger recommends covering plants with blankets, burlap or newspaper (but not plastic, which doesn't provide any insulation), where and when possible.

Blooms and budding for plants have come unseasonable early, but Western New York is not officially out of winter yet.

"I knew when we had beautiful weather for 10 straight days, we were going to pay for it," Beglinger said.

Photos of the cherry blossom of the trees between the Upton Monument and the Old Courthouse. I figured today might be my last day this year to get any shots of the blossoms.

John Kennedy School kicked off a reading program today with a "Dancing with the Stars" contest in the school's auditorium.

The stars were faculty and staff dressed up as characters from popular children's stories, from Shrek to Snow White and Puss 'n' Boots.

It was a full, multi-media event with rehearsal videos and zingers from the judges.

Children earn tickets to vote for their favorites by completing nightly reading assignments with their parents.

Edwin L. Stancliff, 32, of Alleghany Road, Pembroke, and Adrienne F. Yocina, 31, of Alleghany Road, Pembroke, are charged with unlawful growing of cannabis and criminal possession of marijuana, 5th. Both charges are misdemeanors. Stancliff and Yocina were allegedly found growing cannabis on their property and possessing marijuana in excess of 25 grams during an investigation of an incident at 8:20 p.m., Aug. 13, 2010.

Tammy Marie Chojnacki, 40, of Pike Road, Batavia, is charged with felony DWI and felony driving with a BAC of .08 or greater. Chojnacki was arrested by Deputy Matt Fleming at her residence following an investigation at 9:24 p.m., Saturday, into a reported domestic incident in her car.

Jesse Stephen Stocking, 24, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater and speeding. Stocking was stopped on Route 33 in Pembroke at 4:46 p.m., Saturday, by Deputy Matt Fleming.

Robert Jeffery Curry, 22, of Dillon Road, Pavilion, is charged with unlawful dealing with a child. Following a complaint to the Tip Line at 1:02 a.m., Saturday, Curry was arrested for allegedly hosting an underage drinking party at his residence.

Christopher Willard Logsdon, 24, of Big Tree Road, Pavilion, is charged with unlawful dealing with a child. Following a complaint to the Tip Line at 12:23 a.m., Saturday, Curry was arrested for allegedly hosting an underage drinking party at his residence.

Cody Allen Eaton, 22, of Main Street, Attica, is charged with DWI, driving with a BAC of .18 or greater and speeding. Eaton was stopped at 1:54 a.m., Saturday, on Pearl Street Road, Batavia, by Deputy Howard Carlson.

John Charles McGrath, 43, of South Main Street, Batavia, is charged with criminal mischief, 4th, resisting arrest and harassment, 2nd.

Lori Ann Brightenfield, 52, of Main Road, Stafford, is charged with aggravated harassment, 2nd. Brightenfield is accused of using a telephone for no legitimate purpose to contact another person she was allegedly told previously not to contact.

Joseph Carl Jeffords, 21, of Swan Street, Batavia, is charged with criminal mischief. Jeffords is accused of driving across the lawn at College Village and while driving across the lawn, intentionally speeding up, leaving ruts. The alleged incident was caught on tape.

Wilson Figueroa, 28, of Conkey Avenue, Rochester, is charged with criminal contempt, 2nd. Figueroa's car was stopped for alleged traffic violations on Route 33, Stafford, and was found to allegedly have as a passenger protected by an active stay away order.

Stephen D. Reamer, 53, of 76 Gilbert St., Le Roy, is charged with felony aggravated DWI. Reamer was stopped Friday morning in Le Roy by Le Roy Police.

A Batavia resident has admitted in Batavia Town Court that he was working as a self-employed scrap recycler while obtaining social services benefits.

Lee Heckman, 35, of 5 Fairmont Ave., Batavia, entered a guilty plea to one count of attempted grand larceny, 4th.

Heckman admitted to obtaining $2,176 in temporary assistance and food stamps from DSS under false pretenses from March 2011 to July 2011.

As part of his plea, Heckman agreed to pay back DSS the $2,176 by the time he is sentenced on June 25. He is disqualified from further public assistance through DSS.

Heckman is out of jail and under the supervision of Genesee Justice.

There was a big turn out today at St. Joe's for Batavia's Irish Afternoon, featuring music by Penny Whisky and entertainment by the McMahon Irish Dancers (unfortunately, I missed the dancers).

If your thing is trains, Batavia Downs was the place to be Sunday.

What started as an effort to organize and examine all of the old articles of clothing in the Holland Land Office Museum has turned into a new exhibit displaying the history of WNY wedding dresses.

More than 30 dresses -- most of them owned by HLOM, but some from local residents -- are on display and the show officially opens with a reception at 11 a.m. to 3 p.m., March 31.

The collection includes Civil War era dresses up through more modern gowns, including a 1940 plain satin gown and train, a 1920s-era lace gown with bolero jacket, a flapper gown of the same era and a 1870s two-piece wedding suit.

Charles Men's Shop is supplying a modern tux for display and Stella's Wedding Boutique is displaying a new wedding dress.

Treats from Sweet Ecstasy Bakery in Stafford will be served at the opening reception Saturday, and there will also be door prizes.

The picture came a bit clearer today at the annual Genesee County Economic Development Center luncheon on how the agency landed a $206 million joint-venture Greek yogurt plant for Batavia.

Mark Koenig, director of engineering and technology at the PepsiCo Global Nutrition Group, said while there were a few reasons Pepsi and the Theo Muller Group picked the Genesee Valley Agri-Business Park for Project Wave, a key was getting site-grading permits within 15 days.

Koenig, who heads up similar projects for Pepsi all over the world, lost a bet with Chris Suozzi, VP of Business Development for GCEDC.

"I bet him my house, my wife and my salary that he couldn't get us permitted in 15 days," Koenig said. "I've never seen a greenfield site get permitted in 15 days. I said, 'there's no way.'"

He added, "This team delivered."

The 15-day permitting process allowed Wave Holding LLC to fast-track its development plans, which Suozzi agreed after the meeting was absolutely critical in bringing the project to Batavia.

Without the 15-day permitting, Pepsi and Muller would have been looking at a 30-month process to get its new Greek yogurt products to market. The current timeline is 18 months, all because Town of Batavia officials were able to move the permitting process along quickly.

Earlier this week, GCEDC CEO Steve Hyde told county legislators that Souzzi was instrumental in getting Batavia from the B-list for the project to the final four possible sites.

Koenig also said of critical importance to Pepsi and Muller was the world-class dairy industry in Western New York.

"This is an ag area that is the best in class and that's why we're here," Koenig said. "You have a good milk supply and your milk is the best in its class."

It also helps that from Batavia, Wave Holding can easily reach a third of the potential market in the U.S. for its new Greek yogurt.

Pepsi partnered with Germany-based Muller, Koenig said, because Muller has proprietary recipes and world-class technology for producing yogurt.

The incentive package put together by NYS and GCEDC was also important, Koenig said, but Pepsi was also impressed by the warm welcome the company has received from the community.

"The community support has been fantastic," Koenig said. "All signs say this is going to be a success with the community for years to come and in future growth."

Top: Koenig; bottom, Hanno Lehmann, a senior project manager from the Muller Group.

An early morning medical emergency brought Mercy Flight to Chandler Avenue in Batavia, but it wasn't just another life-saving mission for the crew of Mercy Flight 5.

It was the 20,000th mission flown by the Buffalo-based non-profit air ambulance corps.

“When I started Mercy Flight back in 1981, I never dreamed that we could help so many people,” said Douglas H. Baker, Mercy Flight’s founding president. “I’m extremely proud of what we have been able to accomplish over the last 30 years as a not-for-profit organization.

"We never could have reached this milestone without the assistance and support of our local volunteer firefighters, hospital and law enforcement partners and the communities we serve.”

The dispatch came at 2 a.m., Friday, and the patient was transported from Batavia to Strong Memorial Hospital in Rochester.

Mercy Flight operates from bases in Buffalo, Batavia and Olean.

Last year, Mercy Flight forgave more than $700,000 in care provided to uninsured or under-insured patients, according to a press release.

The average cost is $842 per flight.

Individuals and groups can "Sponsor A Mission" with a donation of $842. For more information, visit mercyflight.org or call (716) 626-4100.

Wilson Figueroa, 38, of Conkey Avenue, Rochester, is charged with criminal contempt, 2nd. Figueroa reportedly was under court order out of Rochester City Court from being with a certain person. During a traffic stop on Route 33, Stafford, at 4:01 p.m., Wednesday, the protected person was allegedly in Figueroa's vehicle.

Aicha Keita, 20, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny. Keita is accused of stealing $206.65 in merchandise from Walmart.

Nearly two dozen students and faculty members are walking around Batavia High School today with quite a bit less hair.

They all participated in a fundraiser and show of support Wednesday evening for Brandon Johns, a Batavia Middle School student afflicted with cancer.

The event was organized by BHS National Honor Society and conducted in conjunction with BHS Spirit Week.

Head shaves were provided by stylists from Total Image Hair Salon and following the shaves, students and faculty participated in a volleyball game.

Photos and information submitted by Steve Ognibene.

Executives from PepsiCo and the Muller Group will be keynote speakers March 23 at the Genesee County Economic Development Center's annual meeting at the college.

The two companies are behind Project Wave, the $206 million yogurt plant being built at Genesee Valley Agri-Business Park.

Mark Koenig, director of engineering and technology at the PepsiCo Global Nutrition Group -- who was in town when grading started in November although Pepsi's involvement was still officially a secret -- will be joined for a keynote presentation by Hanno Lehmann, a senior project manager from the Mueller Group.

Wave Holding, LLC -- the official name of the joint venture -- is expected to employ nearly 200 people in the near term and perhaps as many as 600 people if the new line of Greek yogurt is as successful as Pepsi and Muller project.

The new joint venture is receiving more than $11 million in tax abatements to build the plant in Batavia, which was initially not even a top-tier choice in the site selection process.

Also speaking at the event will be Rep. Kathy Hochul, State Sen. Michael Ranzenhofer, Assemblyman Steve Hawley and County Legislature Chairwoman Mary Pat Hancock.

GCEDC CEO Steve Hyde will make a presentation on some of the agency's 2011 highlights.

The luncheon is from noon until 1:30 p.m., March 23, at Genesee Community College. Tickets are $15 or $20 at the door. For reservation and tickets in advance, call 343-4866.

Pembroke eked out a narrow victory over Notre Dame in the semifinals of the Mock Trial Tournament Wednesday.

The four remaining teams faced off in Warsaw.

While Pembroke won on points against Notre Dame (101 to 99), splitting the match 1-1, Attica beat Warsaw handily, 124 to 88, taking both sides (prosecution and defense) of the match.

Pembroke and Attica will square off at 5:30 p.m., Monday, in the Genesee County Courthouse with Judge Robert C. Noonan on the bench.

Which ever team wins Monday, it will be the first time in the history of the local tournament that a team other than Batavia won. Batavia went 1-3 in early competition and was knocked out before the quarterfinals.

The photos in this post are of the Notre Dame and Pembroke teams.

Notre Dame team members: Meghan Zickl, Anneliese Aliasso, Andrew Fischer, Matthew Sausher, Kendra Wall, John Lapple, Ariana Aliasso, Rosalie Mortellaro, Jake Krajewski, Brittany Perzia, Caleb Nellis, James Spear, Anna Arner, Natalie Mouton, Katie Fischer, Andrew Cheverie and Rosemary Fulmerfeld.

Pembroke team members: Dean Cullinan, Patrick Burns, Joelle Fugle, Cale Fryer, Rachel Seweryniak, Andrew Renolds, Brett Jones, Brandon Kohorst, Bea Reiner, Christian Burns, Eva Reda-Kenrick, Karen Globm, Justin Sformo and Sabrina Sanner.

Previously: Batavia knocked out of Mock Trial Tournament early; four teams left to vie for title

If you're unable to view the slide show, click here. To purchase prints of these photos (parents, you can't get these photos anywhere else), click here.

A Batavia man who swung a knife at a sergeant from the Sheriff's Office during a two-hour standoff in July will spend two- to six-years in State Prison.

Jody B. Gillette, 50, of 8 Pine Hollow Drive, who has been arrested several times over the years, including two recent allegations of DWI, admitted to Judge Robert C. Noonan that his biggest problem is alcohol.

"I'm a person who drinks and can't shut it down," said Gillette. "It's obvious. And I have anger issues. I should have gone to anger-management classes a long time ago."

Neighbors and friends of Gillette's sent letters to Noonan prior to Tuesday's sentencing urging a non-prison sentence, telling Noonan that Gillette is a very nice person when he's not drinking.

Sgt. Thomas Sanfratello made a victim statement and said Gillette was alternately calm and dangerously angry during the two-hour standoff in the trailer park July 26. He said eventually officers were able to deploy a Taser, which slowed Gillette down, but Gillette almost got back on his feet before he was apprehended.

"He's been on a downward spiral and somebody who is a danger to himself or others when he is drinking," Sanfratello said. "He is a threat to society and deserves incarceration for the maxium period of time."

Gillette said he first got into trouble in 1975 when he was consuming marijuana and alcohol. He was arrested for buglary and put on probation, which he soon violated.

"I was young and rebellious," Gillette said.

Eventually, Gillette went to college, completed parole, and after his second DWI arrest realized he couldn't even have one drink of booze. He said he was clean and sober for more than a decade.

Then he was laid off, lost his house, lost his long-time girlfriend and became angry and depressed, he said.

Assistant District Attorney Melissa Cianfrini said to this day his mobile home roommates don't know why Gillette became angry that day, but Gillette accused both of them of not paying rent and one of them of eating his dinner that evening.

At one point turning the standoff, Gillette waved a sword and assumed a samurai stance, threatening Deputy Chad Minuto.

Public Defender Gary Horton said that Gillette has shown that he can stay sober for a lengthy period of time and should be given a chance at rehab.

Noonan said if Gillette was accused of purely an alcohol-related offense, such as DWI, he might take into consideration his periods of sobriety, but given the seriousness of the events in July, a term in prison was appropriate.

"This very easily could have ended up in a terrible tragedy," Noonan said.

Gillette still has two pending DWI charges, including one stemming from a rollover accident in February 2011.

A car vs. pedestrian accident is reported at 162 Bank St. in front of the deli. The pedestrian is complaining of minor injuries. City Fire Department and Mercy medics are on scene.

UPDATE 4:59 p.m.: Mercy has arrived at UMMC with a 14-year-old male patient who has scraped knees but is said not to be in pain.

The mother of two girls who were sexually abused told Judge Robert C. Noonan today how the man who victimized them had potentially ruined their lives.

"His abuse has cast a shadow that is the length of a lifetime," the woman said.

Both the woman and her two daughters asked Noonan to give the abuser the maximum 14-year sentence available under the law, and that's just what Noonan did.

Anthony P. Dioguardi, 28, a resident of Wyoming Correctional Facility, will serve two consecutive seven-year terms in prison after completing his current term on a prior sexual abuse conviction.

On Jan. 26, Dioguardi was convicted by a jury of using force to have sex with a child age under age 11.

Dioguardi tried to convince Noonan that he wasn't a monster and that a minimum sentence would give him a chance to get out into society and prove he could live a normal life.

Sexual abusers and rapists, Noonan explained, aren't the people who look homeless and creep out of bushes. They are often people the victims know.

"The fact is, you are intelligent, you are well-spoken, you are charismatic, you are loved by your people, but the fact that you are that kind of person and would commit the kind of crime that brought you here today does make you the kind of monster they (the prosecution and the victims) say you are."

One of the sisters who was victimized by Dioguardi said she is slowly learning to put her life back together, but the crime hasn't been easy on her sister.

"He's put her in a very dark place and I can't get her back," the girl said. "It makes me very, very mad."

The girl explained how even on tests when she comes across the name Tony or Anthony, she scribbles it out. She can't even stand to see the name, no matter what it might cost her in test scores or anything else.

"I call him a scumbag now because that's how I view him," she said. "He ruined my sister's life. He deserves to hear what he's done. I hope everything I say is getting into his brain because he deserves to hear it."

The girl said she hopes someday to have a job that will help victims of sexual abuse. Her mother later said the girl has said she hopes to go into law enforcement some day.

Dioguardi, shackled and in state prison garb, sat stone-faced and didn't move as his victims spoke.

"There is no amount of remorse I can express to tell you how sorry I am," Dioguardi said when it was his turn to speak. "I know it's my fault. I want them to know it's not their fault. It's mine."

Noonan said Dioguardi sounded only sorry to the point that he wanted to get a shorter prison term.

The mother of the victims said she wanted a sentence suitable to the crime.

"If I could have it my way, this useless pathetic excuse for a man would be put away forever and in darkness like my daughters have been in," she said.

It's hard to argue that spring is here. After all, Mother Nature has given her stamp of approval with blooms in abundance.

Above, the magnolia tree at the Holland Land Office Museum is starting starting to produce some color.

There's no surer sign that spring is here than the forsythia in bloom. It's time to prune your rose bushes.

A field of crocus have sprung up in front of a house on Oak Street.

A plan for Ken Mistler to remodel the patio of the former South Beach Restaurant on Main Street received glowing reviews and eventual approval from members of the city's Design Review Committee on Tuesday.

The board opened its meeting with a field trip to South Beach were Mistler explained the concept.

Mistler intends to enclose the patio, but use retractable glass panels (something like a garage door made of glass panes) so that he can operate the patio as a bar, dining room and music venue 12 months out of the year.

"We'll close the windows for weather or when it's windy," Mistler said.

The concept has already received a positive recommendation from the Genesee County Planning Board and once the Design Review Committee approves his final plans in 30 days, Mistler will be able to proceed with construction.

Mistler is planning a Southwestern/Western theme with urban flair for the new restaurant and bar. It will be called City Slickers.

While the restaurant continues to cater parties in the basement bar and dining area, Mistler is completely remodeling the inside of the bar and dining area (the new custom-built wooden bars are stunning).

He expects to open City Slickers around the third week of April.

Photo below: Mistler holds a picture of the former Kiwanis Park that was west of South Beach from before Mistler remodeled it to the present patio.

I think every picture I've seen of the Batavia Downs sign so far has been from the more straight-on position north of the track. Recently, I've been experimenting with angles more to the south.