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Jackson School principal to speak on bullying at free 'Peace for Pasta' dinner

By Billie Owens

Jackson Elementary School Principal Shawn Clark will be the featured speaker at the next free spaghetti dinner, “Pasta for Peace,” at 6:30 p.m., on Thursday, May 17, at the First Presbyterian Church, 300 E. Main St., in Batavia.

The subject will be “No Room for Bullying.” He is slated to become principal at Batavia High School in September.

Clark says, “Bullying has short- and long-term affects for both the student who is bullied and the student who bullies. Students who are bullied often have low self-esteem, depression and anxiety, higher absenteeism, lower school achievement, higher rates of suicidal ideation, and higher rates of illness.

"New research reports that bullying actually ages kids. Children who bully are more likely to get into fights, steal, vandalize, drink alcohol, smoke, be truant, drop out of school, perform poorly in school, perceive a negative climate in school, and carry a weapon.”

While in existence for a long time, he says that bullying has now become a greater problem and is not relegated to the schoolyard.

“Bullying is more widespread, mostly due to technology and social media," the principal said. "The issues continue after school and on weekends and vacations.”

Acknowledged as a leader in the hard work to create a more peaceful place of learning, he says, “I became interested in this issue because I see firsthand how it impacts students and their parents. Some students have taken their own lives because of bullying. That is a tragedy.”

Such a tragedy occurred last year in Williamsville.

Clark is encouraged by developments in the Batavia School District.

“I feel that our district is doing wonderful work with our anti-bullying programming. We need to keep this as a priority in the future. The district is currently preparing for its second annual student survey. The survey will inform the district how the students feel about this issue and where the district needs to focus its efforts.

Pasta for Peace is sponsored by Pax Christi Genesee County. Pax Christi has its roots in the Catholic Peace Movement, but operates on an interfaith basis locally. For more information on Pax Christi in Western New York, see paxchristiwny.weebly.com.

Home invasion burglar sent to prison for 10 years in emotional hearing

By Howard B. Owens

Michael J. Hilton is lucky to be alive, one of his crime victims told him in Genesee County Court this morning.

Hilton admitted to second-degree burglary on March 14 and was in court today for sentencing. He received the maximum available under his plea deal: 10 years in state prison.

The 20-year-old Batavia and Le Roy resident broke into a home on Swan Street with accomplice Kurt Hawkins in September and the owner awoke to find Hilton in his room standing next to his gun cabinet.

"He didn't realize how close he came to dying that night," the local resident told Judge Robert C. Noonan. "I had a shotgun shell in my hand. I realized I couldn't get to my gun. I thought I would choke him, but I couldn't catch him. I'm glad I didn't because I would have had to live with that."

The resident said his daughter still has trouble sleeping at night because of the trauma of the break-in.

When Hilton was asked if he had anything to say, he turned and faced the victim and said, "I'm sorry."

As Hilton spoke, he began to tear up, and was sobbing as he addressed the victim's family.

"I sincerely apologize for what I put you and your family through," Hilton said. "I'm honestly sorry. I should have known better than to make the choice I made. I'm sorry.

"I'd also like to say to my family, I'm sorry," Hilton added. "I'm sorry for all the things I put you through. I know you don't need to be here now wasting your time for me because I'm nothing. I thank you for supporting me, for being here even though I don't deserve it."

Typically, defendants who apologize in court become indignant after receiving a harsh sentence from Noonan, but not Hilton. He continued to hang his head and wipe away tears.

After the hearing, the victim said he believed Hilton was sincere.

"I felt he was very remorseful," the resident said. "I almost felt bad for him just for a split second. That went away fast.

"I wish my wife had been here to see how he felt," the resident added. "She's just getting to where she can sleep at night. She didn't want to see him because when he ran out of the bedroom, he was this close to her, like you and I are right now. I wish she could have been here to see for herself."

Noonan agreed with the victim that HIlton is lucky to be alive.

"(The victim) said you came close to being killed and you know what, the law would protect (him) for doing that," Noonan said. "There's been lots of publicity about this case in Florida, but that is not your case. This is not a stand-your-ground case, because New York has allowed people to protect themselves in their own home forever. It has always been the right of a victim to kill an intruder."

Both Jerry Ader, Hilton's attorney, and Noonan noted that Hilton had a rough childhood.

"I don't know if you know this or not, but before I sentence anyone for any crime, including serious crimes like the one you're convicted of, I receive lots and lots of information about the person's background and history," Noonan said.

"It starts at birth and includes school records and medical records. Your story is a very sad story. You've had some horrible things happen in your life and I don't want you to think it's gone unnoticed."

But, Noonan said, considering the crimes Hilton committed, if not for that background, Noonan never would have allowed the plea deal Hitlon received. He would have required Hilton to face a jury and if convicted of the three possible burglary charges he could have been tried on, faced a much longer prison term than 10 years.

Before he left the courtroom, Hilton looked at his family members one more time and then hung his head and walked toward the door and out of the courtroom.

Car fire in the Village of Bergen

By Billie Owens

A car fire is reported at Route 19 and the railroad tracks in the Village of Bergen. Bergen Fire Department is responding.

UPDATE 12:48 p.m.: The owner of the vehicle called dispatch and said the car is not on fire it has just overheated. Engine 27 is on location to check things out nonetheless.

UPDATE 12:51 p.m.: A firefighter confirms the car is overheated. Engine 27 is back in service.

Downtown bar owners say new overnight parking restrictions could hurt business

By Howard B. Owens

Years ago, O'Lacy's co-owner Kent Ewell was concerned about his customers getting tickets for parking overnight in the lot across from his pub on School Street.

Ewell marched down to city hall and complained and, he said, and the tickets stopped.

Now, they're starting again and he's none too happy about it.

"I don't think it's the right way to look at the situation," Ewell said. "Somebody has made a good decision not to drive and they get a ticket."

Bar owners downtown say it's not unusual for customers to have an unexpected drink, have one more than they planned, run into an old buddy leading to a later night, or have some other circumstance change, and find themselves walking home, taking a cab or getting a ride from a friend.

Derek Geib, co-owner of Bourbon & Burger Co. on Jackson Street, said he's worried that human nature being what it is, some people will make an incorrect calculation and risk a possible DWI charge, costing hundreds if not thousands of dollars, when confronted with the certainty of a $25 ticket.

"It encourages drinking and driving," Geib said. "They're going to do it every time because that's the way people think."

One of Geib's employees and one of his customers have received tickets so far.

City Manager Jason Molino stands by the city's decision to enforce downtown parking regulations. He said it's necessary to ensure transient trucks, RVs, abandoned vehicles and such don't clutter the parking lot, and during the winter, maintain control of what vehicles are in the lots.

He said so far there's been good compliance, with apartment tenants buying the necessary permits and fewer cars without permits being left overnight.

As for bar patrons, Molino said there is an appeal process and any patron receiving a ticket is welcome to submit the ticket to the city for review.

"Discretion will be exercised if needed," Molino said. "But I would suggest that somebody make better arrangements (when going to bars).

Ken Mistler, owner of the former South Beach and soon-to-be City Slickers said that's not good enough.

"I'm concerned because if a customer finds a ticket he's not going to say anything, he's just going to be discouraged from coming back," Mistler said.

According to Mistler, he's been told by the city that only cars that are seen in the lots on a regular basis but don't have permits will receive tickets, but even then, he said, that is still a potential problem with customers.

"I hope I have lots of repeat business," Mistler said.

Local resident John Condello has started a petition that will be presented to the city council at its June 14 meeting, he said. The petition is available at any downtown restaurant, he said.

A lot has changed in downtown since the current downtown parking regulations were written into law and city officials should reexamine the rules, Ewell said.

"They were written before there was an O'Lacy's, before there was a South Beach, before there was a Larry's," Ewell said. "There was only the Candlelight."

The price of the $25 ticket is about six gallons of gas at today's prices, Ewell said, which is just about the amount somebody might spend to get from Brockport to Batavia, or just enough to discourage a trip from out of the county to enjoy a night on the town in Batavia.

The bar owners we spoke with all believe the new enforcement effort is just an attempt by the city to generate more revenue.

"You can tell it is because there was no plan, no questions (of local businesses), they just started ticketing," Ewell said. "That just leads me to believe they said, 'let's just get the money.' "

Photo: Western painting for new downtown restaurant

By Howard B. Owens

Driving down Main Street late this afternoon, I spotted Ken Mistler, left, and Louis Kingsbury and a third person hauling a large painting down the sidewalk. I drove around the block and caught them pulling the painting through the Jackson Street parking lot.

Mistler is installing the painting -- this is one of at least three -- in his new restaurant, City Slickers, the former South Beach.

Batavia supervisor says there's still much work to be done on proposed consoldiation

By Howard B. Owens

The consolidation task force has put in a lot of work and done a great job so far, but its work is far from over, said Town of Batavia Supervisor Greg Post.

Post was reacting to earlier reports that the consolidation effort has been delayed because the town has yet to pass a resolution asking the State Legislature to pass home rule legislation.

"It's a little premature," Post said, "but I don't want anybody to think they did anything wrong."

Post said the proposed city charter presented by the task for should be treated as a draft, adding that it needs to be reviewed, refined, reviewed, refined and reviewed and refined again before it's ready to be considered a final proposed charter.

"There's still work to be done," Post said. "They need to attend to the schedule. What it takes to do it right is what it takes."

Post explained that by the time the task force was formed, the effort was already behind schedule for the agreement approved by both the city council and the town board.

"This is an effort that was projected to take 12 to 18 months and it's barely been eight months," Post said.

Post stressed repeatedly during the conversation that he thinks the task force is full of talented people who worked hard to get the draft charter to this stage -- he doesn't want anybody to think they've failed in that effort, but the job isn't done it.

"It takes a lot of work to get something like this done," Post said.

The town supervisor said he continues to support consideration of consolidation, but no decision can be made on whether to support consolidation until the charter can be fully vetted, including ample public feedback.

Until that's done, he said, the State Legislature should not be asked to pass legislation to make a vote on consolidation possible.

Minor injury accident in the Village of Elba

By Billie Owens

A two-car, minor-injury accident is reported at 14 N. Main St. in the Village of Elba. It is not blocking traffic. One person has an arm injury.

UPDATE 5:14 p.m.: Elba is back in service. Law enforcement is on scene to manage traffic flow. Tow trucks are called in.

Consolidation put on hold after town board doesn't pass necessary resolution

By Howard B. Owens

Consolidation of the town and city hit a bump in the road this week when the Town of Batavia failed to enact a home rule resolution that would allow the state legislature to clear the path for a local referendum.

Chad Zambito, chairman of the consolidation task force, announced today that all planned public meetings on the topic are being postponed and it's unlikely that voters will be given a chance to vote on the proposal in November, as originally planned.

"We wanted to get a final document to come before the people and that's not going to happen in the time originally envisioned," Zambito said.

While the Batavia City Council passed the necessary home rule legislation a week ago, the town board failed to pass the same resolution, which is needed to get a bill through the State Legislature thereby allowing the consolidation process to go forward.

Town Supervisor Greg Post, who in the past has advocated strongly for consolidation, could not be reached for comment.

Zambito said that two informational meetings originally set for May 17 and May 24, as well as a set of four public hearings starting May 31, have been postponed indefinitely.

Getting an initiative on the November ballot was an aggressive goal, Zambito said, and now with the delay in the home rule legislation, it would be hard to meet the necessary timeline.

He said the task force will work on tweaking the charter document and re-present it to the public bodies for consideration.

Assistant county manager announces retirement after 40 years of public service

By Howard B. Owens

Press release:

Assistant County Manager Frank Ciaccia announced he is retiring after 20 years with Genesee County government.

His retirement is effective May 30.

He stated his decision to retire was motivated by his desire to escape these Western New York winters and spend more time in warmer climates to enjoy the outdoor activities and sports he says are too hard to squeeze into three months up here with his present schedule.

He explained, "I am retiring more from the winters than I am from the job."

He also said this will give him more time to visit his brother and his nieces and nephews in Tennessee.

Mr. Ciaccia said while his current position is challenging, he wants to pursue new challenges. One of those challenges is he has accepted an appointment to teach a graduate course in Public Policy and Administration at Buffalo State starting in the Fall semester. He said he is "pretty excited" about starting a new career of teaching at the college level.

Mr. Ciaccia, a Bergen resident, is Genesee County's first and only assistant county manager.

He came to Genesee County in 1992 after 15 years in Monroe County government. With his election to the Rochester School Board in 1972, he is completing a 40-year career in public service.

In addition to his responsibilities as assistant county manager, Mr. Ciaccia is also the county's STOP-DWI coordinator, director of the county's Facilities Management Department, the county's ADA coordinator, fair housing officer and corporate compliance officer. 

County Manager Jay Gsell said he will begin the process to fill Mr. Ciaccia's position.

Sponsored Post: Model sponsored by Next Level Fitness needs your vote for Buffalo modeling competition finals

By Press Release

Batavia's Jenna Hubbard is making a splash in the modeling world and Next Level Fitness is proud to be part of it and you can help her, too. Hubbard recently competed in a modeling contest in Buffalo and after five weeks of models competing to make it to the finals, Hubbard has advanced to the final six.

The model search is sponsored by one of Buffalo's largest nightclubs, Bayou, and hosted by Kiss 98.5 radio personality Tony Mamaluke. Each week 15-20 new girls competed for a chance to advance, and there has been a total of upwards of 100 girls competing. This past Thursday, Hubbard had her chance to shine as she surpassed the 17 week five contestants and advanced.

The contest is scored on a four-part system with part of the score being Facebook "LIKE" votes. Next Level is encouraging everyone to click "LIKE" and "SHARE" on her photo to help her win. Next Level has helped with her a gym membership to stay in shape and she has also been tanning there as well, so she is able to look her best for the competition.

"This is a great opportunity for me and I want to thank Next Level for sponsoring me and making this possible!" Hubbard said.

She is the only finalist from Genesee County and is competing for the title of Miss Bayou Buffalo, $500 cash, and a photo shoot to be featured on the nightclub's billboards in Downtown Buffalo.

If she wins, she plans to donate part of the winnings to "Austin's Army" to benefit Pembroke senior Austin Heineman who was recently diagnosed with a rare, aggressive form of childhood cancer.

The finals are scheduled for this Thursday night and the Facebook voting ends at 8 p.m. that night. To vote for Jenna, click LIKE on the photo here: http://www.facebook.com/photo.php?fbid=10150756177625759&set=t.100000085482467&type=3&theater

Hawley helps secure grants for libraries in his district

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) recently announced the recipients of this year’s Public Library Construction Grants. More than $327,000 has been committed for projects at the Byron-Bergen, Lee-Wheldon Memorial and Swan libraries, serving as sorely needed support for facility improvements. 

“In a time of staggering unemployment and fiscal crisis that is crippling our educational institutions, these library construction grants will be a boon for the community,” Hawley said.

“Our local libraries deserve the support necessary to provide up-to-date tools and services to the public, and that’s exactly what these grants will do. I know these libraries will put this funding to great use and become an even more integral part of our community.”

In Genesee County, the Byron-Bergen Public Library will receive $7,325 to open the wall via a French door to provide easy and secure access to an additional programming and educational resource space, thereby increasing the effectiveness of library service.

No known motive for knife slashing on Center Street

By Howard B. Owens

Detectives are looking for a 5' 9",  young white male with a teardrop tattoo by his right eye who is suspected of slashing the cheek of another young man Saturday evening in a parking lot off of Center Street.

There is no known motive for the attack, Det. Todd Crossett said.

Crossett says it appears that the victim pulled into the parking lot behind the Masonic Temple building, got out of the car and started talking with another person. While they were talking, the suspect approached and attacked the victim.

Crossett said the victim told investigators that he didn't know his attacker.

There is no clear indication on what may have precipitated the attack, Crossett said.

Also, Crossett said, there was no connection between the attack and the location, which was originally called in to emergency dispatch as 15 Center St. -- the location of the City Church conference center. Neither the victim nor the attacker had been involved in anything going on at that location.

Photo: By Dan Fischer, WBTA

Woman order to pay restitution to DSS following plea deal on welfare fraud charges

By Howard B. Owens

A 39-year-old Maple Street resident will need to make $11,341.18 in restitution following a plea deal on welfare fraud charges filed against her.

Kerry Ackley entered a guilty plea to day to a single felony count of attempted grand larceny, 3rd.

The plea also satisfied four counts of offering a false instrument for filing, 1st.

Ackley was arrested following an investigation that found she had failed to report worker's compensation benefits.

As part of the plea deal, Ackley will be disqualified from receiving food stamps and temporary assistance benefits.

She will be sentenced at 9:15 a.m., Aug. 2.

Law and Order: Woman charged with felony DWI in Le Roy

By Howard B. Owens

Lonnie A. Fairbanks, 45, of 6227 Skyview Lane, Mt. Morris, is charged with felony DWI and refusal to take a breath test. Fairbanks was arrested after Le Roy PD responded to a report of a rolling domestic Saturday on Lake Street. Fairbanks was jailed on $5,000 bail.

Robert G. Whitehead, 21, of 28 Clay Street, Le Roy, is charged unlawful dealing with a child, 1st. Whitehead is accused of hosting an underage drinking party.

Roger K. Williams, 55, of 19 Exchange St., in Le Roy, is charged with DWI, driving with a BAC of .08 or greater and unlawful possession of marijuana. Williams was arrested after Le Roy PD responded to a report of a domestic disturbance on Church Street in the early morning hours Sunday. Williams was jailed on $500 bail.

Raymond J. Radley, 46, of 10661 Cook Road, Pavilion, is charged with criminal contempt, 1st. Radley is accused of violating an order of protection by calling the protected person several times and driving past the person's place of work. Radley was jailed on $1,000 bail.

Zayis Rooper King, 19, of Oatka Trail Road, Le Roy, is charged with unlawful dealing with a child, 1st. King is accused of hosting an underage drinking party.

Shawn David Bowman, 40, of Oakta Circle Road, Le Roy, is charged with trespass. Bowman is accused of driving his vehicle on a nature trail behind Pembroke Town Park that is marked "pedestrian use only."

Tyanna Desiree Green, 17, of Lewis Place, Batavia, was arrested on a bench warrant related to a petit larceny charge. The petit larceny allegedly occurred in December. Green was jailed on $200 bail.

Joseph George Sumeriski, 20, of Blackhouse Road, Warsaw, is charged with unlawful possession of marijuana. Sumeriski was arrested at 6:15 a.m., Saturday, on Park Road, Batavia, by Deputy Dana Richardson.

Travis A. Weatherbee, 25, of 25 Swan St., Batavia, is charged with crminal use of drgu paraphernalia, 2nd. Weatherbee is accused of possessing a needle and a spoon. The spoon was allegedly used to liquify a prescribed medication.

Three injured in accident on Harper Road, Darien

By Howard B. Owens

Three people were injured at 7:13 p.m., Sunday, when a pickup truck backed into oncoming traffic on Harper Road in Darien.

All three people were taken to Erie County Medical Center by Mercy Flight following the accident.

Shannon C. Bates, 29, of Broadway Road, Darien, reportedly backed a 2003 Dodge pickup onto the roadway in the area of 9796 Harper Road. She was issued a traffic citation.

Paul Dennis Barth Jr., 21, of Cohocton Road, Corfu, was northbound on Harper Road in a 1997 Dodge pickup.

Barth was cited for allegedly speeding.

Bates and Barth, along with a passenger in Bate's truck, Alexander J. Bates, 25, were conscious and alert when flown to ECMC.

The accident was investigated by Deputy Chad Mower.

Assisting at the scene were Darien Fire Department and Mercy EMS.

(Initial report)

More bets, more winnings at WROTB locations on Kentucky Derby Day

By Howard B. Owens

Press release:

Officials at Western Regional Off-Track (WROTB), owner of Batavia Downs Casino, announced today record handle on the 2012 Kentucky Derby and at the casino.

Through its 32 branches and 18 EZ-Bet locations, WROTB handled $1,913,108 on the Run for the Roses, a 16-percent increase over 2011, which was a record year. In addition, WROTB paid out $1.6 million in winning wagers, its most ever.

“We are very pleased with the results of the derby,” said William White, vice president of administration said. “We look forward to serving our customers' needs for the Preakness.”

“We are thrilled with the turnout for the derby,” said Todd Haight, OTB’s handicapper and the GM of Batavia Downs Racetrack. “It seems that the people of Western New York did their handicapping homework, too, as we paid out more winners than ever before.

"At the downs, people enjoyed meeting and greeting our Ambassador Thurman Thomas inside Grandstands Bar and Grille.”

Batavia Downs Casino recorded its biggest week ever with record revenues. New York State Lottery and the state education fund benefited by receiving over $520,000 when more than $12 Million in credits played were wagered through 640 slot machines.

Western OTB expects the excitement to continue with the Preakness Stakes on May 19 when "I’ll Have Another" tries to etch his name in the record books in the second jewel of the Triple Crown. All OTB branches will open at 10 a.m. on Preakness Day.

Batavia Downs in owned and operated by Western Regional Off-Track Betting, a public benefit corporation. Municipalities that own Batavia Downs Casino include: the cities of Buffalo, Batavia and Rochester, and these counties: Cattaraugus, Cayuga, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Orleans, Oswego, Schuyler, Seneca, Steuben, Wayne and Wyoming.

The track is also home to Batavia Downs Casino, featuring more than 600 video slot machines. Batavia Downs Casino is located less than one mile from Thruway Exit 48 and is open daily from 8 to 4 a.m.

Wanted: Veshaun D. 'Shortie' Thompson

By Howard B. Owens

The Sheriff's Office is looking for help in locating Veshaun D. "Shortie" Thompson.

Thompson is wanted on a warrant related to a pair of petit larceny charges.

Anybody with information on the whereabouts of Thompson is asked to call the Sheriff's Office at 343-0911.

Rollover accident with possible entrapment in the Village of Oakfield

By Howard B. Owens

A rollover accident is reported in the Village of Oakfield in the area of the M&T Bank with possible entrapment.

Oakfield Fire Department and ambulance responding.

UPDATE 9:15 a.m.: The person is out. No entrapment. Mercy EMS response is cancelled.

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