A chance meeting with five local farmers in a Le Roy diner helped convince Donnie Henderickson to take a logging job with David Henry Isabell, the 43-year-old, now-convicted timber con man, Henderickson said today.

Henderickson spoke after his appearance in Genesee County Court where he was given a conditional discharge on a single petit larceny conviction.

Isabell called Henderickson out to Le Roy to talk about a job on property owned by Lynn Belluscio, Henderickson said. It was the first time Henderickson had done anything with Isabell in 10 years, he said.

After the meeting at Belluscio's property, they went to a local diner and ran into the farmers, who greeted Isabell like an old friend, he said.

"After I got home, I said (to my wife), ‘I can’t believe it. He really changed his ways,’ " Henderickson said. "He was pretty shifty 10 years ago, and he hasn’t changed his ways. The only thing he’s done is he’s learned to finesse the BS a little more."

Henderickson described Isabell as charming -- a master of BS -- and said the 43-year-old Liverpool resident deserved a harsher sentence than he got.

He said he was sorry for what happened to the property owners Isabell conned.

He's also sorry for himself and what he's been through.

He said -- backed by his wife of 30 years -- that he's always been a legitimate logger, but this ordeal has ruined logging for him.

"It's a shame," he said. "When I drive out here, I see lots of good timber. I could have made a lot of money out here (in Genesee County) legitimately. I didn't need this.

"You know it's tough to make money (in logging) anyway. After this, all anybody has to do is get on the computer and pull a DEC report and see Mr. Henderickson’s name right there and they’re not going to deal with me."

To make a living now, Henderickson drives a log truck for another company.

The 49-year-old resident of Bernhards Bay was originally charged with grand larceny, 4th, 23 counts of timber trespass, grand larceny, 3rd, and scheme to defraud, 1st.

Those charges were reduced to petit larceny with a promise of no jail time on the condition that Henderickson testify truthfully against Isabell.

Rather than go to trial, Isabell entered a guilty plea to timber trespass and scheme to defraud, 1st. He was sentenced April 26 to six months in jail and five years probation.

Assistant Distirct Attorney Kevin Finnell said in court today that he is convinced that Henderickson was a partner in Isabell's timber scheme.

"I think Mr. Henderickson was well aware of what was going on with the home owners," Finnell said. "He was clearly part of this scheme, albeit to a lesser degree of culpability, but he certainly knew what was going on."

Even so, Finnell said, he didn't oppose the recommendation of the probation department that Henderickson receive a conditional discharge.

A conditional discharge means that if Henderickson isn't re-arrested for anything in the next year, the petit larceny conviction will be dropped from record.

"For the victims, I’m very glad they got the restitution they got, but as far as Mr. Isabell and (his sentence), what he did was wrong," Henderickson said.

It's true, one of New York's premier pitcher's will make a final rehab start with the Empire Yankees on Sunday against the Red Sox farm club.

Unfortunately for Batavia baseball fans, the game has been shifted to Frontier Field in Rochester.

UPDATE: Additional information about tickets just in:

All fans holding tickets to the regularly scheduled Yankees--PawSox game in Batavia on Sunday may exchange their tickets for the same game at Frontier Field. The exchange must be made by 5 p.m. on Saturday at the Dwyer Stadium Box Office in Batavia or the Frontier Field Box Office in Rochester. If any ticket holder can not attend Sunday’s game at Frontier Field, they can exchange their ticket for the Yankees game on June 12 in Batavia or any regular season Muckdogs game.

On Tuesday, voters approved the proposed budget for the Richmond Memorial Library in Batavia. This will mean a 3-cent increase in the library tax per $1,000 of assessed property value.

The budget passed by a four-to-one margin:

Yes: 252
No: 63

Also, library Board Member Beth Stich was reelected to another five-year term with 293 votes. She was unopposed.

For more information about the library's services, visit www.batavialibrary.org.

By showing up at Genesee Community College this morning, more than 150 local residents demonstrated that this is a livable community, said Jill Babinski, a senior planner for the county.

But they also know things can always be made better.

In today's terms, that means "more livable," which was the focus of the forum at the college.

"I grew up in Erie County and I've chosen to live here and be here, so I think Genesee County is very livable," said Babinski, who also referred to Genesee County as the best county in the state.

"If you take into account all of the economic activity recently, companies from the outside are also judging Genesee County to be livable, because you're not going to bring your company here unless you know there are things here for your employees to do."

What makes a community livable?

That's a complex and not easily answered question said keynote speaker Vera Prosper, director of Livable New York.

It's easy to say it means it's a good place to live, work, to grow up and grow old, but what that means is different for each person and each community.

Generally, it means a place with a variety of housing to meet the needs of different people at different stages of their lives. It means good jobs, viable transportation, nice parks and sound infrastructure, up-to-date technology, smart land use planning, plenty of shopping, quality schools and accessible health care.

"These are the kind of elements that make up our living our environment," Prosper said. "They’re very tangible. They’re easy to see, easy to measure, easy to associate with livability. These are the kind of elements people look at when they’re aiming to improve livability."

Livable communities are sustainable. They are ones people want to move to, live in, and not leave.

"In order for Genesee County to at least to remain marketable, we have to address all of those isuses to get people here and to get people to stay here," Babinski said.

The County Planning Department is using the forum to kick off an update to the comprehensive plan, and the effort includes setting up a volunteer vision committee as well as 10 focus groups.

Babinski encourages residents to get involved.

"I've always believed, you can't complain unless you put in some effort," Babinski said. "We want people to put in the effort and then if they have a problem they can complain and make sure it turns out the way they want it to."

A strong community, Prosper said, is one where people are involved, and involvement spurs economic activity and better opportunities for all residents.

"It is a community's responsibility to understand what is coming up in that community and not base decisions on yesterday’s circumstances," Prosper said.

A 20-year-old Le Roy resident is being accused of burglary for allegedly breaking into the old Jell-O plant on North Street, Le Roy, and stealing tools, wire and other items from a business there.

The burglary was discovered after Easter weekend when employees returned to work.

The suspect, John H. O'Shea, of 84 Wolcott St., Le Roy, is accused of making forced entry into the building.

As part of the month-long investigation, police executed a search warrant at a residence in Riga, where some of the allegedly stolen property was located.

O'Shea is charged with burglary, 3rd, and grand larceny, 4th.

After arraignment, O'Shea was released under the supervision of Genesee Justice.

Le Roy PD says the investigation is ongoing.

Press release:

Congresswoman Kathy Hochul today announced that Siena Pullinzi, a 10th-grader at Batavia High School, has won the New York 26th Congressional District Art Competition with her work entitled “What’s on the Inside.” The work is a self-portrait consisting of pencil, watercolor and ink.

“I want to congratulate Siena for a job well done, as well as all the students who took part in this competition,” Congresswoman Hochul said. “The arts play an essential part of education and I am proud that so many Western New York students exercised their creativity. While I would have loved to have displayed all these pieces of art in the halls of the Capitol for the next year, we could only have one.”

Pullinzi added, “I’m so surprised I won because some of my friends submitted pieces that were really good. I’m so excited. Yay!”

Over 800 residents of the 26th District voted in this year’s competition, choosing Pullinzi’s artwork to be displayed in the halls of the Capitol for the next year. Pullinzi will also now have the opportunity to visit Washington, D.C., to participate in a ceremony for Congressional Art Competition winners. A photo of Pullinzi’s work can be seen here.

The Congressional Art Competition, now in its 30th year, was created to recognize and encourage artistic talent in each congressional district across the nation. High school students in each district are encouraged to submit original artwork – photographs, oil, watercolor, and mixed-media works are all permitted.

Michael Timothy Van Houter, 21, of East Main Road, Le Roy, is DWI, driving with a BAC of .08 or greater, failure to reduce speed, driving left of pavement markings in a no-passing zone and failure to stop at stop sign. Van Houter was charged following the investigation into a motor-vehicle accident at 11:24 p.m., Tuesday, on Perry Road, Le Roy. The investigation was conducted by Deputy Jason Saile.

Rea Anne Leaha Wimmer, 19, of Broadway Road, Darien, is charged with driving while ability impaired by drugs and moving from lane unsafely. Wimmer was stopped at 12:40 p.m., Tuesday, on Clinton Street Road, Batavia, by Sgt. Thomas Sanfratello.

Austin L. Wester, 17, of 3373 Pratt Road, Batavia, is charged with criminal contempt, 2nd, and criminal possession of stolen property, 4th. Wester is accused of violating an order of protection. During the investigation, Wester allegedly admitted to possessing property he knew was stolen. Wester was jailed without bail pending an appearance in Batavia City Court today.

Latoya D. Jackson, 26, of Batavia, is charged with disorderly conduct and resisting arrest. Jackson is accused of screaming profanities in Batavia City Court and then struggling with deputies in the lobby of the Genesee County Courthouse. Jackson was jailed on $2,000 bail.

D&C: Leo Roth: Junior Seau's suicide shows us NFL players are paying the ultimate price

Saturday, May 5, at the East Pembroke Fire Hall pavilion, Austin's Army will be holding a benefit for Austin Heineman (son of Jason Heineman and Jamie (McGiveron) Wasielewski). Austin is an 18-year-old Pembroke High School senior who was recently diagnosed with a rare, aggressive form of childhood cancer.

The benefit runs from 4 to 11 p.m. and the fire hall is located at 2623 W. Main Road, East Pembroke.

There will be Chinese and silent auctions and side raffles. Some of the raffle items are a 32" flat-screen TV, a Sabres Jersey signed by 15 of the players, an X-Box and Kinect package, four Adirondack chairs, a large primitive hutch and three signed Philadelphia Eagles Jerseys (#7 Michael Vick, #10 DeSean Jackson, #24 Ninamdi Asomugha).

Entertainment will be provided by local bands Unruly and Mr. Hand. There is no entry fee. Food and beverages will be available for purchase.  

All proceeds from the benefit are to help offset costs not covered by health insurance. Donations are welcome and may be sent to Austin’s Army, c/o First Niagara Bank, Batavia NY 14020.

"House to House: an Epic Memoir of War," a book cowritten by Batavia resident David Bellavia and released in 2007, will get the Hollywood treatment.

Deadline Hollywood reports that Rich Middlemas, who won an Oscar this year for the  documentary Undefeated will produce the film.

Bellavia won a Bronze Star and Silver Star and the book is based on his experiences in 2004 in the second battle for Fallujah.

Currently, Bellavia is running for Congress and is locked in a GOP primary battle with Chris Collins for the NY-27 District.

Yankees ace Andy Pettitte, rehabbing from an injury, is going to make one more start for one of the Yankees' minor league teams before returning to the big club, probably on Saturday or Sunday.

Which team Pettitte will start for hasn't been announced, but one possibility is the Empire Yankees.

The Triple A farm club is playing three games at Dwyer Stadium this weekend against Pawtucket, the farm team of the Boston Red Sox.

So ... there is some chance, perhaps a good chance, that one of the premier pitchers in baseball and a likely Hall of Famer, will be pitching in Batavia on Saturday or Sunday.

Yankees -- Red Sox, maybe Pettitte, warmer weather ... it could be a very good weekend for baseball in Batavia.

Town of Batavia firefighters are scouring the Clarion Hotel on Park Road for any signs of fire after alarms sounded there about 15 minutes ago. The alarm system has been silenced and will likely be reset shortly. They have found nothing so far, other than the odor of cigarette smoke in the northwest stairwell, which a firefighter on scene said "I believe that's associated with employees."

The hotel is now allowed to "be repopulated" and people can go about their business. Alarms sounded for the fifth floor, the penthouse, the duct work and the first-floor atrium.

"Wow, and nothing showing -- how 'bout that!" said the chief in amazement.

UPDATE 5:45 p.m.: The alarm system has been reset.

UPDATE 5:57 p.m.: Town of Batavia is back in service.

Contestants are being sought for the 2012 Genesee County Fair Queen Pageant.

If you would like to compete for the title, please submit an application to the Pageant Coordinator at debrabaris@yahoo.com or by mail ro 7301 Griswold Road, Bergen, NY 14416.

The Genesee County Fair Queen Pageant would like to promote, confidence, community service, poise and talent for our young women.

Contestants must be:

• Female
• 15 to 18 years old
• In grades 10, 11 or 12 in the 2012 or 2013 school year.
• Genesee County resident

Completed applications are available at all Genesee County high school offices and are due by Friday, June 15.

Questions: call Debra Baris at 813-4149.

Sponsored by: The Genesee County Agricultural Society, Inc.

The Genesee County Fair runs July 17 – 21.

Genesee Community College welcomes James Sunser, EdD, as the fourth president with inauguration ceremonies beginning at 2 p.m. on Saturday, May 5. They will be held in the Stuart Steiner Theatre on the Batavia campus, located at One College Road.

The keynote address will be delivered by Onondaga Community College President Debbie Sydow, with special remarks by State University of New York Chancellor Nancy Zimpher, and greetings by numerous dignitaries.

All this week, a number of events and activities that are free and open to the public are scheduled to welcome President Sunser.

For a complete list visit: http://www.genesee.edu/gcc/inauguration/events.cfm

The auditorium at UMMC's Cary Hall (next to the YMCA) is all set up for important patient care -- with all of the care stations, instruments and devices of good medical care ready to help heal any teddy bears or dolls that are brought in today.

The event is UMMC's annual Teddy Bear and Doll Clinic, designed to give pre-schoolers, kindergarteners and first-graders an understanding of what is involved in medical care in case they or anybody else they know needs significant medical care.

The clinic is sponsored by Healthy Living Department and is open until 5 p.m.

U.S. Attorney for WNY William Hochul spoke to a room of mostly college students this morning at Genesee Community College's Law Day lecture series.

Among the topics covered by Hochul were rules of evidence and what it takes for a prosecutor's conviction to survive a successful appeal.

Earlier in the morning, Genesee County Court Judge Robert C. Noonan spoke.

A structure fire is reported at 4 Kibbe Ave. in the city. Batavia Fire Department is on scene.

UPDATE 7:32 a.m.: This was apparently a very small fire, which is now out. Ladder 15 and Engine 12 are back in service.

A group of Tibetan monks are at Genesee Community College this week creating a sand mandala as part of the inauguration ceremony celebration week for new college President Jim Sunser.

Sand mandalas are created using colored sand and the art form goes back at least 2,500 years.

Once created, mandalas are destroyed in a ceremony and the sand dispersed in the nearest body of flowing water.

On Friday, at 10 a.m., the monks will sweep away the sand of their painstakingly created work of art, take the sand in bags to the Tonawanda Creek and dump it into the flowing water.

Spokesman Tanzin Nawang said the process reminds us that life is just temporary.

The monks are members of the Drepung Loseling Monastery in Tibet.

Besides the mandala being painted by the monks, students and members of the GCC community are also working on mandalas in order to learn about the art form.

Every mandala has symbols with various means. Nawang said the mandala being created by the monks visiting GCC is about love and compassion.

"Everybody by nature wants to be happy and live in peace and harmony," Nawang said. "They do not want to suffer, so it is important to devote love and compassion, and when you devote your life to love and compassion, you will receive love and compassion.

If you're unable to view the slide show below, click here.

The video below of Monday's opening ceremony was posted to YouTube by Karen Reisdorf.

What started as a Pepsi Challenge award for a new playground has evolved into something much more ambitious at Alexander Elementary School.

Rather than build just another set of swings, slides and monkey bars, faculty at the school have started an ambitious project to build an outdoor classroom.

"There's a lot of the research out there no indicates that kids don’t get enough time outside," said Ellie Jinks, the teacher behind the push for the $50,000 Pepsi grant, but after doing more research, realized the money would be better spent starting an outdoor classroom.

Jinks noted that research shows that children who don't play and learn outside are more susceptible to obesity and later in life, substance abuse.

Principal Matt Stroud also thinks it's important to get children outside more often.

"I know with my own kids at home we try to push them outside as much as possible, but in a school setting it sometimes gets pushed to the wayside," Stroud said. "This is just a great opportunity to get them back to what kids used to do."

Phase one of the project -- which must be completed to specification for the area to be certified as an outdoor classroom -- has 10 stations, with each having a different learning focus.

The goal of the outdoor classroom is to offering learning experiences in not just nature and science, but math, music, art, reading and physical education.

"The focus really is on learning," Stroud said, "but there will also be unstructured play time."

The Arbor Day Foundation and Dimensions Educational Research Foundation are helping with the planning of the outdoor classroom, but once construction is complete, Dimensions will also provide teacher training and professional development to help Alexander's educators get the most out of the four-acre classroom for the kids.

While the elementary school has pushed the initial effort for the classroom, it's not intended to be just a young-child learning and play area. Once the focus shifted from a playground to an outdoor classroom, teachers from the high school were also brought into the planning process and the classroom is designed to meet the needs of students all the way through 12th grade.

Jinks, who teaches pre-school, hopes the classroom will give students a chance to explore, to learn cooperation, but also develop an appreciation for nature.

"When my pre-schoolers go out now they just want to step on all the bees and kill all the ants," Jinks said. "We talk about protecting nature and why we want to protect it, so we hope that will be an outcome of the classroom."

To complete all three phases, it will take more community support, Jinks said. The school is actively looking for volunteers to help with the project, as well as donations of money and material.

At 6 p.m., May 9, the school will host a community open house, when residents can see first hand what the outdoor classroom is all about and learn how they can contribute. The school is located at 3314 Buffalo St. in Alexander.

For more information about the Alexander outdoor classroom, click here.

Top photo: Pre-school students Deacon, Catrina and Rachael check out some of the animal prints pressed into the concrete walk way at the entrance of the outdoor classroom.

Jinks and Stroud

Deacon on the wheel toy path.

It was Deacon's birthday Tuesday, and when asked how hold he was, he happily showed us. He's 5.