Batavia City Council members on Monday night decided to make the city a bit more "vibrant" this summer by passing a resolution to allocate $4,000 to the Picnic in the Park event at Centennial Park on the Fourth of July weekend.

The funds will be transferred from the committed fund balance -- money from the now-defunct Vibrant Batavia initiative -- to the general fund. As of March 31, the committed fund balance was $52,611.

Council's vote was 8-1 with Rose Mary Christian dissenting.

"I stated before that this would get a precedent started -- and I think that is what is going to happen," she said.

City officials and event organizers have said that the Picnic in the Park was in danger of not continuing beyond this year due to budget constraints.

With the contribution, the city will be named as a sponsor of the 2017 event, which reportedly will include a Beatles tribute band.

Whether Sean Vickers, the convicted child molester, will get a new trial on charges related to several allegations he already faced in Genesee County, is still up in the air while the District Attorney's Office seeks to appeal a court ruling that threw out Vickers' conviction on some of the counts he faced locally.

Vickers is serving 20 years in state prison on his sex crime convictions in Niagara County, but some of the felony counts he was convicted on in Genesee County were dismissed after an appeals court ruled that his rights were violated because the prosecution amended the original grand jury indictments and tried him on counts other than those listed in the original indictments.

An attorney for Vickers, Benjamin Nelson, appeared in County Court this morning arguing that access to papers in the possession of the DA or local law enforcement should be preserved and discoverable by his client, should the case proceed. Nelson is also supportive of the prospect of all records related to Vickers' trial and conviction being sealed because the conviction was overturned.

Assistant District Attorney Shirley Gorman argued that because one local conviction was upheld, and the appeals court ruled that the DA's Office can seek a new indictment, and since the DA's office is seeking a chance to reargue its case before the Court of Appeals, therefore Vickers' case records should not be sealed.

She also argued that Vickers, because of the case he's already been through, already knows of, and has access to, all of the prosecution and law enforcement documents he could possibly get.

Nelson said he was merely seeking the court's acknowledgment that counsel representing Vickers in the future has a right to request documents that he may not presently have seen or know about. He has no current request for specific documents, he told Judge Charles Zambito.

Nelson also raised the possibility that Vickers could seek to bar the people from further prosecution on charges related to the prior indictment because of his rights to a speedy trial and his Constitutional protection against double jeopardy. 

But Gorman said the speedy trial issue wouldn't apply because any delay is the result of Vickers' appeal and not anything the prosecution did, and that by granting the people's right to re-prosecute and dismissing the prior counts without prejudice, there is no issue of double jeopardy.

Zambito said he will review the case and arguments and provide a ruling at a later date.

Chris Bardol tacked on another 800 series (811) while Harris Busmire struck on 30 of his last 31 deliveries for 277-300--791 in G&W Vending League play last week at Rose Garden Bowl in Bergen.

For a list of high scores from the week of April 4, click on the Pin Points tab at the top of this page.

Fans of Mike Pettinella's Pin Points column can read his article a day early this week as it will appear on Wednesday, exclusively on The Batavian, the area's No. 1 source for online news.

An open burn is in progress at 8122 Marble Road in Alabama. It is unlawful at this time of year. A first responder is on scene and a Sheriff's deputy is en route.

Press release:

The Genesee County Economic Development Center (GCEDC) today announced a new round of bids for site work at STAMP -- Science and Technology Advanced Manufacturing Park -- have been released. A legal notice announcing the bids was published April 11.

The work will include: asbestos abatement and demolition of a former two-story residence at 6758 Alleghany Road; a former two-story residence at 6725 Crosby Road; a former one-story residence at 840 Crosby Road; and, two barns and removal of debris from a structure that was a former residence.

The bids will be unsealed and read at 2 p.m. on Thursday, April 20, at the Genesee County Economic Development Center, located at 99 Medtech Drive in Batavia. Bids also can be accessed by contacting Debbie Button-Vanderwall (585-402-7511) from Clark Patterson Lee, which is the engineering firm overseeing the bidding process.

“While we will not be conducting a pre-bid meeting; those interested in submitting a bid can arrange for a site visit to see the structures,” said Mark Masse, senior vice president of operations at the GCEDC. “It also should be noted that for this specific work the Project Labor Agreement will not be applicable.”

Thomas J. Coleman, 55, of Alfred Drive, Rochester, is charged with DWI, driving with a BAC of .18 or greater, and speeding. Coleman was stopped by Le Roy PD after allegedly passing a patrol car at 47 mph in a 30-mph zone on West Main Street in the village at 9:44 p.m., Friday. Coleman allegedly failed to yield to the patrol vehicle's emergency lights and struck a curb prior to pulling over. Coleman was found to allegedly have a BAC of .18 or greater.

Nicholas T. Bowden, 21, of Le Roy, is charged with four counts of criminal possession of stolen property, 4th, and grand larceny, 4th. Bowden was arrested Monday by Le Roy PD. He allegedly possessed credit cards belonging to a relative and used the cards to make unauthorized withdrawals from an ATM machine of more than $1,000.

Every Tuesday, Troop A, State Police, put out a press release on an unsolved crime, a cold case. Today's release is about a Cheektowaga woman whose body was found in Darien:

Cold Case Tuesday: The New York State Police in Batavia continue to investigate the 39-year-old murder of Jessica Rose Lane.
  
On Nov. 25, 1977, the partially decomposed body of Jessica Rose Lane, age 66, was found by two deer hunters in a wooded area off of Alley Road in the Town of Darien, Genesee County. The victim was found fully clothed with three fractured ribs, a fractured left elbow and a fractured skull, likely caused by stabbing.
 
Lane was last seen on Nov. 11, 1977, at Williamstown Apartments in Cheektowaga.
 
The exact location of the crime has yet to be determined. However, residents below the victim’s apartment claimed to have heard two “thumps” between the hours of 4 and 4:30 a.m. on Nov. 12, 1977.
 
Lane, who resided alone, was known to keep to herself and rarely had visitors. Suspects have been developed but no arrests have been made.
 
Anyone with information regarding this investigation is asked to contact Investigator Ron Wilson of the New York State Police Bureau of Criminal Investigation in Batavia by calling 716-361-1585. Please refer to SJS # 3029541.

DePaul President Mark Fuller says the proposed DePaul Batavia Square Apartments on East Main Street, an 80-unit complex for income-eligible tenants, is his way of giving back to the community that he calls home.

"I grew up in Warsaw, went to RIT, and worked at Eaton, Yale & Towne before finding out I didn't like what I was doing," said Fuller, opening a presentation about the project at Monday night's Batavia City Council meeting.

"I then worked for the county, met my wife, Michele (Rapone), and we've been married for almost 40 years. My kids went to Notre Dame and I live in Le Roy, I'm Genesee County through and through."

Fuller, along with DePaul Vice President Gillian Conde, attorneys Ashley Champion and Jonathan Penna, and architect Joe Gibbons, shared details of their plan with Council, which later passed a resolution -- with Alfred McGinnis casting the lone "no" vote -- to introduce a necessary ordinance to change the zoning in the vicinity of the Batavia Gardens apartments (661, 665 and 679 E. Main St.) from Industrial to Commercial and to set a public hearing on the matter for April 24.

Champion pointed out that DePaul was in agreement with the Batavia Planning & Development Committee's recommendation to change from Industrial to Commercial zoning (not the original proposal of Industrial to Residential) to "more closely align with the goals and perspectives of the city's Comprehensive Plan."

But the theme of the video presentation -- which included photos of other DePaul renovation projects and testimonials from three residents of the Rochester-based company's Batavia Apartments on East Main Street near Eastown Plaza -- was that, according to Fuller, "there is a huge need for affordable housing in Batavia."

He said that New York State has identified Genesee County as needing affordable housing and has allocated $3.2 billion across the state for projects such as these. Residents of Batavia Square, should it come to fruition, would receive services to meet special needs and be charged rent based on income limits, for example, $27,000 for an individual and $38,700 for a family of four.

"Every project fills within two to three weeks, and we have huge waiting lists on all of our projects," he said.

Fuller said he is convinced the Batavia community will support the venture, which will include DePaul applying for financial incentives -- PILOTs or payment in lieu of taxes -- from the Genesee County Economic Development Center.

"What’s amazing is – I talked to Kiwanis last week, I’m speaking to Rotary in a couple weeks and I’ve been out meeting with everybody in the community – to a person, everybody wants the project," Fuller said. 

"The history of DePaul, we’ve got a great reputation in Batavia, and I’m really doing this because people approached me and wanted more housing in Batavia. The lack of adequate, handicap-accessible housing for special needs and everything else (is there), so I’m really doing this to give back to Genesee County – my hometown."

Of the 80 units, 36 have been designated as affordable units with preference given to elderly people and/or people with mobility disabilities, four are set at market rate, 30 are for people with special needs linked to services, and 10 will be allocated for veterans.

Fuller said that comments that DePaul is making money off of veterans or doesn't need the tax breaks stem from those who "don't know the whole story."

"We’re getting no money to house veterans. We’re just setting aside 10 units (as priority for veterans) and it could be more if there’s 20 veterans … we’re setting 10 units aside to guarantee because our housing projects fill in 10 days."

As far as the PILOT is concerned, Fuller said DePaul would be unable to get involved without it.

"These projects would not be doable without a PILOT with the city, but it’s important to point out that we’re a not-for-profit but we’re still giving a significant tax payment to the city for 30 years – more than four times than what they’re getting for that property now."

Fuller said the development will create 18 jobs as well as another 200 construction jobs.

Gibbons outlined details of the complex -- a 5-acre parcel with 24 units in Building A, 24 units in a three-story Buildilng B, and 32 units divided into four eight-unit two-story townhouses. The plan calls for 56 one-bedroom, 22 two-bedroom and four three-bedroom apartments and 94 parking spaces (which could be expanded).

"It will be highly energy efficient through Energy Star and NYSERDA programs, and typically 50 percent will be handicapped-accessible," he said.

Conde said that rent will be set at $700 for a one-bedroom unit and $850 for a two-bedroom apartment, but residents have to show an income to be eligible. Utilities, wireless Internet and cable TV are included, along with around-the-clock staffing and a sophisticated security system.

She added that "housing specialists" are on staff to help link tenants to services in the community, but before being accepted all applicants "receive extensive background checks" -- with those convicted of non-DWI felonies or sex offenders not eligible.

"We manage our own tenant list ... that's a huge piece toward having respectful communities," she said.

The DePaul team said it will be meeting once again with the Genesee County Planning Board later this week over the rezoning issue, and hopes for a positive outcome over the next several weeks with City Council.

"This is really just the first start – the hard part is getting the money out of Albany," Fuller said. "We certainly have done it a lot, we’ve got the project in the works, we’ve been told this is a high priority. Our goal would be to have that all in place by the winter so we can start construction in early spring 2018, and that’s about a two-year construction period."

Reasons to hire an attorney for a workers’ compensation claim: 

1. The workers’ compensation system is complex, confusing, and often difficult to navigate.
2. We will look out for your best interests, fight on your behalf against the insurance carrier to maximize your benefits, and make sure your questions are answered. 
3. In some cases, you may be entitled to a financial award, even if you did not miss any time from work as a result of your work-related injury.
4. The insurance carrier will have a team of attorneys working on their behalf, having an attorney fighting on your behalf helps to level the playing field.

For further question regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

A Batavia woman is accused of threatening employees of a business on State Street Road with a knife after they found her in the building allegedly burglarizing the establishment.

Arrested was Ann Marie Capuano, 32, of Montclair Avenue, Batavia. 

She is charged with burglary, 3rd, menacing, 3rd, criminal trespass, 3rd, possession of burglary tools and criminal mischief, 4th.

The break-in was reported at 8 a.m., Saturday.  

When deputies responded, Capuano was located leaving the area on a bicycle on State Street Road. She was stopped for questioning.

Capuano was identified as the suspect.

According to the Sheriff's Office, she threatened staff of the business with a knife when they located her in the business and requested she remain at the business until the arrival of law enforcement.

She was jailed on $5,000 bail.

The incident was investigated by Investigator James Diehl, Deputy Chris Erion, Deputy Chad Cummings, Deputy Jenna Ferrando, with assistance from Batavia PD.

K-9 Destro helped locate evidence at the scene.

Press release:

The City has completed its curbside collection of limbs and branches from the March 8 windstorm. Any resident with limbs and branches are encouraged to bring them to the Yard Waste Station on Law Street, Monday thru Saturday, noon to 6 p.m.

Crime isn't out of control in East Pembroke, but the idea of a neighborhood watch program in the hamlet is to make sure things don't get worse, said Amber Winters, one of the group's organizers.

There is crime in every neighborhood, she said, and East Pembroke isn't unique.

"It’s a pretty normal rate of crime here but that doesn’t mean we have to be OK with it," she said.

More than 150 people have joined a Facebook neighborhood watch group. The group has joined National Neighborhood Watch, a division of the National Sheriffs' Association, and is planning a meeting from 7 to 9 p.m. at the elementary school April 19.

The Sheriff's Office is fully supportive and will participate in the meeting, said Chief Deputy Gordon Dibble.

"Years ago we used to have several neighborhood watch groups in the county and they kind of died off," Dibble said. "We're very interested in neighborhoods that want to start these up.

"We’re excited to see what we can do to give this group what it needs," Dibble said.

The main purpose of neighborhood watch group is just to help neighbors get to know each other better, which helps residents identify things that are out of the ordinary.

"There are more rental properties now and people are coming in and we're looking at a lot of new faces all of the time," Winters said. "We just don't know anybody anymore and we want to connect all of the new families and the faces and the houses who don't know each other so we get to know each other."

One impetus for the group was the assault at the Arrow Mart a couple of months ago. Some community members thought, Winters said, that maybe they should do something before crime does become a serious problem in the hamlet.

"With all the car break-ins, people attacked in their homes, the assault at the Arrow Mart, we were feeling more frustrated," she said.

At the meeting on the 19th, people will be able to meet each other, but the Sheriff's Office will also be on hand to let the community know what it has available to help the group.

"We just don’t know our neighbors like we did back in the day," Dibble said. "It’s the truth. We know that."

East Pembroke residents are looking for a chance to change that.

Press release:

State Senator Michael H. Ranzenhofer (R-C-I, Amherst) has issued the following statement:

“I am proud to vote for a State Budget that will finally give a green light to ride-sharing services all across Western New York. For years now, Upstate New Yorkers have been left behind. Many residents have been demanding this new transportation option. It is long overdue.

“I have been leading the charge to bring transportation network companies to our community. I have cosponsored and voted for legislation in the State Senate two years in a row, and I launched a petition last December to encourage Governor Cuomo and the State Assembly to adopt this legislation. 

“Providing access to ride-sharing services will positively impact our community by creating thousands of new jobs, reducing drunk driving deaths and helping to boost small businesses and tourism spending.”
 

He also released this statement on passage of the budget:

The New York State Senate has approved the remaining bills of the 2017-18 State Budget. State Senator Michael H. Ranzenhofer (R-C-I, Amherst) has issued the following statement:

“Today's approval of a final budget is a victory for Western New York residents. The plan continues fiscal discipline by limiting spending growth at or below 2 percent for the seventh year in a row and rejecting Governor Cuomo's new tax-and-fee hikes. 

“Numerous efforts are enacted to improve New York's business climate, create more jobs and further strengthen our economy. The new budget approves the most comprehensive workers' compensation reform in a decade, reducing hundreds of millions of dollars in costs for businesses, municipalities, and not-for-profits. Homeowners will benefit from a total of $3 billion in STAR property tax relief. The budget also protects last year's $4.2 billion in income tax cuts for middle-class families and tens of thousands small businesses.

“Most importantly, I am excited that ride-sharing services will finally arrive in Upstate New York. Additionally, the budget delivers our fair share of state transportation dollars, including a $1.5 billion increase to accelerate infrastructure projects and $65 million more for local road and bridge repairs.”

A hit-and-run accident is reported at the Log Cabin Restaurant, located at 1227 Gilmore Road, Indian Falls. A gray sedan with a handicapped sticker reportedly knocked over a motorcycle and left the scene of the non-injury, property damage accident. "There's a lot of motorcycles there," says a deputy at the scene.

UPDATE 4:49 p.m.: A deputy: "The other party decided to show back up. Out doing a report at the Log Cabin."

A rollover accident with entrapment is reported at 10391 Alleghany Road (Route 77). Darien Fire Department and Mercy medics are responding. A Sheriff's deputy is on location. Mercy Flight in on ground standby.

UPDATE 3:31 p.m.: The male driver had a medical issue, and the van he was driving left the roadway and went into a culvert and hit a berm and it landed on its wheels on the other side of the culvert. The driver suffered minor facial injuries due to air-bag deployment and he was taken by ambulance to a hospital. The van does not appear to be seriously damaged.

A reader says this dog seems to be wandering the area of Batavia Elba Townline Road, near Plum Creek Driving Range, the past few days, apparently lost.

The dog is skittish and the reader hasn't been able to get close enough to check for tags.

In a letter to his clients, an attorney for the Mall Merchants Association is trying to change the terms of an already finalized settlement agreement with the City in the long-standing legal fight over the past, present and future of the City Centre mall, said City Manager Jason Molino.

In a letter dated April 6 and provided to local media late Friday, Attorney Hugh C. Carlin said the settlement with the city was only tentative and that there were two significant issues still to be addressed.

He accused Molino of discussing the settlement with the media in violation of an agreement, but word of the settlement came not directly from Molino but was a matter of public record because it was on the City Council agenda the first week of February.

"The City has proceeded with every aspect of this matter in accordance with the settlement terms that were agreed upon by the City and merchants representatives in December," Molino said.

Molino had not seen a copy of the letter before it was provided to local media outlets.

The terms of the settlement were agreed to through an 18-month-long mediation process in which both sides ran up significant legal bills, Molino said.

"In that time frame, the merchants have changed attorneys several times, however after extensive discussions, both parties agreed to settlement terms which were outlined publicly in the city’s February presentation," Molino said.

In his letter, Carlin said there are two main factors of disagreement remaining between the city and the mall merchants. 

First, there is an issue related to easements for pedestrian and vehicle traffic for each property owner in the mall. The attorney also accused the city of using heavy-handed tactics to force a settlement by "hoarding" nine foreclosed properties and refusing to pay maintenance fees.

"During the negotiations between your representatives and the City, the issue of individual owners' rights to access their properties was not discussed," Carlin wrote. "In fact, the only restrictions on City property that were addressed related to the present contractual obligations of the City to maintain specific numbers of parking spots.

"The City now insists that, as part of any settlement, the easements be terminated," Carlin added. "The termination of the easements raises significant issues concerning your title. If the easements were terminated, your ability to refinance or transfer your parcel in the future would likely be jeopardized."

This misrepresents that facts, Molino said.

"It’s important to note that the first term agreed upon was the termination of all prior agreements, making them null and void," Molino said. "By the nature of terminating these agreements, all covenants, easements, and restrictions placed on real property associated with those agreements would be terminated as well.

"This included the concourse and city parking lots. For the merchants' attorneys to claim this issue was never discussed is simply not true as a third-party mediator, merchants' representatives and merchants' attorneys themselves all reviewed and approved the terms prior to an agreement being reached."

Carlin now says he won't support an agreement that changes the terms of easements. 

"The City's inexplicable and irrational proposal comes at a cost to the Merchant Association," Carlin wrote. "The City will give the inferior and unacceptable easement only in 'exchange' for a cost-sharing arrangement for roof repairs should the sum of those repairs exceed $650,000. As you may recall, one of the primary reasons for the merchants negotiating team reaching an agreement with regard to the settlement framework was the City's assumption of all costs relating to the roof replacement without any cap on costs."

As for the foreclosed properties, Molino said Carlin was also informed on state law regarding how the city is obligated to handle those properties.

"The merchants' attorney has been repeatedly advised that upon foreclosure of real property taxes under the Real Property Tax Law all prior rights, interests and restrictions of record are terminated in the parcel," Molino said. "Hence, under the RPTL the City has no legal obligation to pay the past or future maintenance fees on foreclosed parcels under the historic mall agreements.

"To suggest otherwise evidences a serious lack of understanding of municipal law practice and procedure. However, if the settlement agreement is executed and the concourse user fee law adopted, the City would pay future user fees on foreclosed parcels."

Molino said it is normally against city policy to discuss ongoing litigation in public, but given the nature of the misstatements by Carlin to his clients, he wanted to clarify matters.

"Unfortunately, it appears from this letter that the merchants' attorney is attempting to reverse, back down or change the agreed upon settlement terms between the City and Merchants Association," Molino said. "While this is concerning on many levels, most concerning is the merchants' attorney is preventing the City and Merchant Association settlement terms from being executed, stopping the City from moving forward with the needed capital improvements to the concourse.

"Furthermore, after having expended close to $90,000 in legal fees over the last year (over $200,000 since 2009) without a signed settlement agreement, the letter from merchants' attorney appears to be an unfortunate attempt to deflect attention and blame. Sadly, the significant expenditures forced by the merchants' attorney suit and handling have drained substantial funds from the group's budget, and away from repairs and improvements of the mall."

Despite the disagreements, both Molino and Carlin said they are hopeful the 2008 lawsuit filed by the merchants can be settled.

"We are obviously disheartened by the turn of events in this case, but will persist in efforts to remain hopeful that cooler heads will reach a settlement consistent with the terms negotiated and agreed to in December and presented to you in February," Carlin wrote. 

Molino: "Regardless of this setback, the City remains hopeful that despite the merchants' attorney's obstructions to the settlement process, the original terms negotiated in good faith between the City and Merchants Association will be executed in the near future, and the mall can be improved, adding value to the merchants' properties and open to the door to future revitalization in the City’s Downtown."

Jacob J. Russell, 21, of Walkers Corners Road, Byron, is charged with two counts of criminal possession of a controlled substance, 5th, two counts of criminal possession of a controlled substance, 7th, criminal possession of a weapon, 4th, unlicensed growing of cannabis, unlawful possession of marijuana. Russell was arrested Friday on a warrant by the Local Drug Task Force. He was allegedly found in possession of LSD and psilocybin mushrooms, and a quantity of processed marijuana and marijuana plants. Task force members also allegedly found two illegal knives and cash. Russell was arraigned and jailed on $7,500 bail. Additional charges are possible.

Charles "Gusto" Thigpen Williams, 38, of South Spruce Street, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Williams was arrested on a grand jury indictment for the listed charges following an investigation by the Local Drug Task Force. Williams allegedly sold crack cocaine at a location in the City of Batavia. Williams was jailed pending arraignment in City Court.

A one-vehicle rollover accident is reported at 7499 Oak Orchard Road, Elba. There are minor injuries, but the occupants are out of the vehicle. A utility pole is damaged and power lines are down on the vehicle. Elba Fire Department and Mercy medics are responding. Fire police are called the shut down a portion of the roadway because of the tangle of power lines. National Grid is notified.

The Oakfield Museum opened for the season today and one of the new displays honors one of Oakfield's founding families, the Wolcotts.

Jay Wolcott, pictured, provided information for the display on the family's history.

Erastus Wolcott and Oliver Wolcott settled in Oakfield in 1801. Jay is the 6th generation of Wolcotts to live in Oakfield, a family that goes back 12 generations in America.

The Wolcotts over six generations in Oakfield have been farmers, business owners, and civic officials.