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New grocery store in Batavia caters to cooks who like to spice things up

By Howard B. Owens

For four or five years Ignacio Urvizu thought Genesee County needed a grocery store that catered to the culinary needs of people who like to eat Mexican and other Hispanic food.

His wife, Jennifer, noted that there's nothing closer to Batavia than Medina or Albion where you can buy Mexican spices, mixes, breads and treats.

Two weeks ago, the couple opened La Mexicana in the Valu Plaza (the former location of Matty's Pizza).

Even with very little publicity, Jennifer said the store has already attracted a wide variety of customers happy to finally find a store that caters to their needs.

"We've had some local farmers come in and some people who don't know what they're looking for," Jennifer said. "They come in and talk to us and learn something new and try something different."

While the family has lived in Le Roy for 16 years, Jennifer said they picked their Batavia location because it's centrally located and the Valu Plaza location -- with a laundry, a deli, other retail stores -- is a place where customers can make several stops at once.

Jennifer said she and Ignacio are pretty confident the store will be successful.

"People from this area will travel a long way to get what they're looking for," she said.

Can a Bills fan and a Patriots fan live together happily ever after?

By Howard B. Owens

Local residents Jim Collins, a.k.a., Jimi Jam, and Margot, are building a house divided.

Jim is a diehard Bills fan and Margot is equally passionate about the Patriots.

For their wedding, they decided to embrace their one fundamental difference in life and hold an NFL-themed wedding.

The wedding was recently highlighted on ESPN's Web site.

Collins wrote to us:

We got a Bills/Pats mat to stand on, the minister dressed as a ref. We exited the ceremony to a string quartet playing the NFL on CBS theme. For the reception, I donned a Cookie Gilchrist jersey and the ushers wore eye black. Guests were invited to wear a jersey if they wished at the reception, where we served the usual wedding fare and tailgate-style food, including hot dogs & beer. The cake was a logo masterpiece with a very cool cake topper. For the kids we set up a big screen with Madden on XBox and we cut the wedding cake to the Bills "Shout Song."

People said it was the most fun they ever had at a wedding.

The video below played before the couple entered the reception:

Annual event brings top soccer talent to Batavia

By Howard B. Owens

This weekend, nearly 100 spectators will be in at the Batavia Sports Park to watch an anticipated 800 boys and girls high-school soccer players -- the premier players in the region -- display their skills at the 6th Annual Empire Cup College Showcase.

From a press release:

Similar events are held annually in places like Ohio, Florida, Maryland and Nevada.

"It's not something that we invented obviously, but we've been sending teams all over for college showcases, and about five years ago we thought it was time to have one in Western New York," tournament Director Michael Henderson said.

The timing must have been right. Henderson, a high-school coach himself in Rochester, said the recruiter turnout was beyond what was originally expected.

"It's nice for the coaches, because for them, it's relatively local," said Henderson. "They don't have to travel as far either."

Due in part to the tournament's connection to college coaching circles, it has taken major steps in aiding the recruiters ability to see who they want, and when.

Prior to the start of the weekend, each participating player has the option of filling out an online profile. That, in turn, gives the recruiting coaches an idea of each player's personal feelings about school, including what they want to study and what their soccer ambitions are.

Also, the form allows for players to submit GPA numbers and other pertinent test scores such as the SAT or ACT, giving the coaches an advanced screening as to whether or not certain players have the grades to get in.

"It helps tremendously knowing that going into the tournament," Henderson said. "You may see some great players, but at the end of the day, they may not by able to get into your school. Obviously you are looking for good athletic ability and game understanding, but it has to be a fit with your college."

To go with that, tournament organizers were overly stringent on who was going to be playing. As youth soccer goes, this field ended up being extremely competitive and draws teams from Pennsylvania, Ohio, Vermont, as well as New York and Canada.

Forty-six premier teams will compete, and many were turned away.

"We didn't accept everybody,"  says Henderson. "This is somewhat an elite tournament. It's for the kids that are serious about going on and playing in college."

"We have the interest, we have the need and we have the facility," Henderson said. "I'm pretty sure we'll do this again next year, and hopefully for many years to come."

Photo: County planning director honored by board members on his retirement

By Howard B. Owens

County Planning Director Jim Duval is retiring after 36 years with the county June 14.

To help celebrate his final planning board meeting, Board Member Lucine Kauffman baked him a chocolate cake decorated with symbols of some of the planning issues the county has dealt with, such as signs, windmills and the STAMP project (symbol: a postage stamp on a stick).

Other members brought in drinks, cookies, cheese and crackers and other refreshments, which were served after the meeting.

Duval, a Bethany resident and Bethany volunteer firefighter, plans to stay in the area.

He noted that he'll now have more time to respond to daytime emergency calls.

Duval also told board members they will be left in good hands with an outstanding planning staff.

Planned senior housing project in Le Roy starting over on approval process

By Howard B. Owens

Pete McQuillen is pushing forward once again with his plans to build a senior living community off Robbins Road in Le Roy, and if Thursday's Genesee County Planning Board meeting is any indication, he's going to face renewed opposition.

The board voted unanimously to recommend approval of a zoning change to allow the project to move forward.

McQuillen spoke to the board, and so did David Boyce, a Filmore Street resident who joined his neighbor, Town Supervisor Stephen Barbeau, in a lawsuit against the Village and the Town of Le Roy.

The lawsuit eventually led to the village concluding some of its procedures in approving the project were not in compliance with state law, which has left McQuillen with no choice but to start the approval process over.

Boyce said emphatically he is favor of the project, but then listed a series of complaints, that if completely addressed would completely nullify McQuillen's current plans.

Chief among Boyce's complaints is that in targeting 55-and-older residents, Robbins Nest Drive doesn't comply with the village master plan.

Boyce said the master plan calls for housing for the 30 to 55 age group, which is a primary source of spending.

He also said the project density is out of compliance with the master plan.

Jim Duval, county planning director, said staff has concluded the project does comply with the master plan.

Robbins Nest Drive must still go through several more steps of approval, including approval of a final plan, before McQuillen can proceed with construction.

Also, in another matter, the planning board recommended that the City of Batavia not approve a sign variance for Gold Rush at 4152 W. Main St., Batavia.

Owner Jim Vo put up several large promotional signs in windows in a belief that they complied with city ordinance. City code inspectors later told him the signs were out of compliance, even though they are similar in content and size to signs that had been allowed for a previous tenant.

Besides advertising his business, the signs are also important privacy screens for customers while they are in his store, he said.

However, Vo said he wants to be a good business neighbor and if he can't get approval for his signs, he'll find a way to comply with the code and meet his customers' expectations for privacy.

Grand Jury Report: Man accused of trying to sell oxycodone in Le Roy

By Howard B. Owens

Nicholas J. Pascucci Jr. is indicted on a count of criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 4th, and unlawful possession of marijuana. Pascucci is accused of possessing with the intent to sell 44 oxycodone tables on Nov. 25 in the Town of Le Roy.

Robert L. Ealey is indicted on a count of driving while ability impaired by the combined influence of drugs and alcohol and aggravated unlicensed operation. Ealey is accused of DWAI on Jan. 1, on Church Street, Le Roy. Ealey was previously convicted of DWI on Jan. 29, 2009.

MIchael D. Pacer is indicted on a felony of DWI and felony driving with a BAC of .08 or greater. Pacer is accused of driving drunk on Sweetland Road, Stafford, on Dec. 1. Pacer was convicted of DWI July 7, 2008.

Melvin G. Draper is indicted on a felony count of DWI, felony driving with a BAC of .18 or greater, and aggravated unlicensed operation, 1st. Draper is accused of driving drunk Oct. 29 while in the Town of Batavia. Draper was previously convicted of DWI on March 3, 2009.

The Grand Jury returned a "no bill" on the charge of aggravated criminal contempt against Eric M. Duda.

The Grand Jury returned a "no bill" on the charge of criminal contempt, 1st, against Jerry K. Scroger Jr.

Warrant suspect surrenders to Sheriff's Office

By Howard B. Owens

A man wanted on a warrant for alleged petit larceny turned himself in to authorities today, reportedly because he had seen his picture on the home page of The Batavian.

Veshaun D. "Shortie" Thomas was jailed on $1,000 bail after surrendering to the Sheriff's Office.

Warrant Officer Eric Olsen said the Sheriff's Office received numerous tips about the whereabouts of Thomas as a result of the post on The Batavian, but added, "I really think it was your article that put the pressure on him to surrender."

Firefighters accused of bookmaking lose pay, benefits as disciplinary process begins

By Howard B. Owens
Gregory Phillips Brian Bordinaro Lance Engel

The City of Batavia has begun a disciplinary proceeding against a pair of city firefighters who stand accused of participating in an illegal bookmaking operation and are charged with felonies under New York's racketeering law.

Gregory Phillips and Brian Bordinaro have been suspended without pay, according to City Manager Jason Molino.

Under civil service law, Phillips and Bordinaro are entitled to a disciplinary hearing within 30 days of being suspected without pay.

Bordinaro was suspended without pay on April 27, and Phillips on May 2.

The hearing officer will determine what sort of disciplinary action -- if any -- should be taken against the two men. Options range from fines to termination if the officer finds the firefighters guilty of misconduct.

Bordinaro  was within two years of retirement at the time of his suspension, and Phillips was about three years out. 

City officials declined to release the actual disciplinary documents. City Clerk Heidi Parker, who is the freedom of information officer for the city, cited the "fair trial" provision the Freedom of Information Law because the documents may contain information gathered by law enforcement that has not been released to the public.

When originally arrested in February, following a months-long investigation by detectives with the Local Drug Enforcement Task Force, Phillips and Bordinaro were charged with criminal possession of gambling records. Phillips was also accused of possessing a small amount of cocaine.

In April, the men were also charged with enterprise corruption. The provision is a Class B felony that serves as New York's anti-racketeering law. The charge carries a maximum possible prison term of eight-and-a-third to 25 years.

Arrested and charged with Phllips and Bordonaro was Lance Engel, a cook at the NYS vet's home in Batavia. No information has been obtained on his employment status.

There are no scheduled court appearances for the three men until October and  District Attorney Lawrence Friedman has yet to say whether his office will seek grand jury indictments or proceed in another manner with the case.

At their last court appearance, the attorneys for the three men were all given inches-thick documents containing alleged evidence of their gambling operation.

According to investigators, the operation handled more than $1 million in bets in a single year and generated about $70,000 in profits off the vig.

Young man accused of sexual contact with a teenager

By Howard B. Owens

A 24-year-old Tracy Avenue resident was arrested today and accused of sexual contact with a teenager he knew.

Dennis D. Benson Jr., of 62 Tracy Ave., Batavia, is charged with three counts of criminal sexual act, 3rd.

Det. Charles Dudek conducted an investigation and arrested Benson at 7 a.m. following a traffic stop on Hartshorn Road, Pembroke.

The sexual contact is alleged to have taken place at Benson's residence on three separate occasions in March.

Benson was arraigned in Batavia City Court and released under supervision of the Probation Department.

Bail reduced for man accused of stealing scrap metal in Corfu

By Howard B. Owens

A Springville man accused of stealing copper from a business in Corfu has a chance of getting out of jail today after his bail was reduced to $10,000 cash or bond.

Scott J. Taylor, 45, was originally jailed without bail after being arrested late Monday night on the property of Ed Arnold Scrap Processors on Angling Road.

Taylor was originally held without bail when he was arraigned in Pembroke Town Court because lower courts are required to hold suspects with prior felony convictions.

His attorney, Keith Perla, of Buffalo, asked for the bail review hearing and argued that Taylor should be released under supervision because Taylor has a history of making his court dates and lives on a farm where he cares for his elderly mother.

Assistant District Attorney Robert Zickl argued that bail for Taylor should be set at $50,000 because of his four prior felonies in four different counties -- all for similar crimes and wrapped into a single one-year prison sentence more than seven years ago -- and because Taylor faces being labled a persistent felony offender (meaning a longer jail term).

Zickl also said Taylor allegedly made statements indicating he has a compulsion to steal.

According to Perla, a report by Genesee Justice on Taylor said Taylor was eligible for release under supervision.

Zickl said the current grading system doesn't give sufficient weight to the multiple prior felonies.

Judge Robert C. Noonan said he helped draft the bail review point system and agreed it didn't put multiple prior felony convictions in proper context, but because for larceny type of crimes, he isn't likely to find a defendant a persistent felony offender, he didn't think a high bail was required.

Taylor is accused of entering the scrap yard five times in April and May. He is charged with four counts of grand larceny, 4th, one count of attempted grand larceny and five counts of criminal trespass, 3rd.

One-time fugitive tells Judge Noonan he's turned over a new leaf

By Howard B. Owens

Wyatt J. Becker, 21 and facing five years in prison, told Judge Robert C. Noonan today that he's a changed man.

He said he's gone from only thinking of himself to seeing how he's hurt people and understanding their point of view.

"I can't believe how selfish I used to be," Becker said. "I don't know ho to make up for all of the damage I've done and how to say how much remorse I have for the victim and his family. Forgiveness shouldn't be granted for me for my words, but should be because of my future actions."

Becker promised Noonan he would never see him in court again. He read from a statement that appeared to be typed on a sheet of yellow legal paper.

On March 15, Becker entered a guilty plea to assault, 2nd, and DWI. As part of the plea deal, he as facing a maximum of five years in prison, and that's exactly the sentenced handed down by Noonan.

Becker was the driver in an Aug. 3 accident on Pike Road, Alexander, that seriously injured his passenger.

The accident led to the felony assault charge against Becker.

By November, Becker was a fugitive after missing an arraignment date in Noonan's court. He was arrested in December.

The five sober months Becker has spent in jail has given him a chance to reflect on his life and his bad choices, Becker told Noonan.

Noonan told Becker today that in reading his pre-sentencing report he noted the Becker claimed his actions in August were not out of the ordinary for a person his age.

Noonan disagreed.

"Any recognition or reflection on your conduct should start with the realization that your incarceration is the result of a lot of bad choices that are not reflective on the population as a whole," Noonan said. "The population on the whole is made up of a lot of 21 year olds who have never been in a courtroom and never will be in a courtroom."

The judge said he hoped by the time Becker gets out of jail, he'll realize that his peers, on the whole, are not engaging in conduct that gets them in trouble with the law.

Bicycle accident with injuries on West Main Street

By Billie Owens

An injury accident involving a bicyclist is reported between Tops Market and Batavia Marine on West Main Street. City of Batavia Fire Department and Mercy medics are responding.

UPDATE 11:11 a.m.: City fire is back in service. The bicyclist is being transported to UMMC.

Batavia town clerk elected to state clerks association

By Billie Owens

Press release:

Town of Batavia Town Clerk Teressa Morasco has been elected by her peers as a District Director for the New York State Town Clerks Association. This is a distinct and admirable honor bestowed only on a few clerks of the 932 towns throughout New York State.

In this leadership position, Morasco will mentor clerks and be a liaison between the counties of Alleghany, Genesee, Livingston, Monroe, Orleans, Wyoming and the state association. District Eight, which she will represent, will be well served by her experience. Her term will run from July 1, 2012 to June 30, 2015.

Vehicle rollover on Old Creek Road, Alexander

By Billie Owens

A one-vehicle rollover is reported Old Creek Road near Brookville Road. The driver is trapped inside and water from the creek is starting to seep into the vehicle. Alexander Fire Department is responding.

UPDATE 9:10 a.m.: The driver is now out of the vehicle. A medic is needed.

UPDATE 9:30 a.m.: The driver is not injured, but because she is a minor, age 17, she must be transported to the hospital for evaluation. Alexander is back in service. The car is still in the ditch. Law enforcement is on scene. A tow truck is dispatched.

UPDATE 9:38 a.m.: The driver is being taken to UMMC. She is said to have no complaints.

Man arrested after being spotted in Corfu scrap yard

By Howard B. Owens

A 45-year-old Springville man is accused of stealing scrap from a Corfu business at least four times in the past month and was caught on his alleged fifth attempt late Monday night.

Taken into custody was Scott J. Taylor, of Sharp Street, Springville.

Management and employees of Ed Arnold Scrap Processors were reportedly monitoring the secured scrap yard late Monday night when Taylor allegedly entered the yard.

The Sheriff's Office was called and uniformed deputies and plain clothes detectives, along with the Village of Corfu PD, responded.

Employees detained Taylor when he allegedly tried to flee.

Taylor was taken into custody by law enforcement without further incident.

He is accused of entering the scrap yard four previous times in April and May and he was charged with four counts of grand larceny, 4th, one count of attempted grand larceny and five counts of criminal trespass, 3rd.

Taylor was arraigned and jailed without bail.

Law and Order: DWI follows report of man allegedly drinking and driving on Lewiston Road

By Howard B. Owens

Patrick M. Holler, 58, of 14713 Holley Road, Albion, is charged with DWI, aggravated unlicensed operation, 3rd, and open container. At 7:40 a.m., Tuesday, deputies responded to a report of a 1994 Chevy Astro van being driven on Lewiston Road by a driver who was consuming alcohol. Holler allegedly refused to submit to a breath test after being stopped.

Joel David Prouty, 25, of West Main Street, Batavia, is charged with criminal contempt. Prouty is accused of sending a letter to a protected person.

Shawn Richard McGiveron, 23, of Marble Road, Akron, is charged with criminal contempt, 1st, criminal mischief, 4th, and harassment, 2nd. McGiveron is accused of engaging in a fight with a protected person and damaging that person's property.

Driver says his foot was stuck on accelerator leading to accident in Oakfield

By Howard B. Owens

A driver says his shoe got caught on the gas pedal as he was leaving the M&T Bank in Oakfield at 9:11 a.m., Monday, causing his car to accelerate and strike another vehicle.

The other car was flipped onto its side and the driver suffered minor injuries.

Frank J. Mosco, 85, of Orchard Street, Oakfield, was cited for allegedly failure to yield right-of-way.

Injured was F.A. Burdick, 38, of Byron.

Mosco was driving a 2006 Buick sedan. Burdick was in a 2011 Dodge SUV.

A third car, a 1990 Chevy sedan owned by Michael J. Dulkevich, of Basom, was struck by Burdick's car.

The accident was investigated by Deputy Chris Parker.

(Initial report)

Big turn out expected with move of motorcycle rally to Downtown Batavia

By Howard B. Owens

It was a big event last summer and it promises to be a bigger event in 2012, in large part because it's moving downtown.

The 2nd annual WNY Round-Up Rally will occupy Jackson Street and could bring thousands of bikers and motorcycle enthusiasts to Batavia.

"Everybody watched how the event came off last year and we approached the city this year they said, 'we want it downtown, we want people to see our city,'" said Dave Kasinski, who is organizing the event.

Jackson Street will be closed Aug. 10, 11 and 12 for the rally.

The event will include live music, food, vendors, games and, of course, lots of motorcycles.

"Being able to walk down a row of 100 bikes and see all of the different types and models and different do-dads, that's an event in itself," Kasinski said.

City Manager Jason Molino said city officials are very excited that the event is moving downtown (last year it was held at the Clarion Hotel) and praised Kasinski and his team as very organized and professional.

"If it's a nice day out, you could see thousands of people coming to downtown," Molino said.

The event falls a week before Summer in the City and Kasinksi said his organization is ensuring Summer in the City is also promoted on the rally's marketing material, and that the two events should work together well.

Kasinski said he hopes downtown businesses will sponsor and otherwise support the event, which he said would help tremendously in how it's perceived by vendors and attendees, which will help the event grow in future years.

Putting the rally downtown is important, Kasinski said, because it makes the event easier to walk and easier for people to get to and provides more amenities for attendees.

"Every rally we go to throughout the Northeast are held in downtowns," Kasinski said. "It's more convenient and it's easier to see a lot of stuff when it's all in one location."

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