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Photo: Confederate flag on Philemon Tracy's grave

By Howard B. Owens

Philemon Tracy is believed to be the only Confederate officer buried north of the Mason-Dixon Line. His grave is in the Batavia Cemetery. I didn't notice this flag on his grave on Memorial Day or over the weekend (I was at the cemetery on both occasions, but could have missed it). When I drove down Harvester Avenue today, there it was, which struck me as interesting.

Photo: City officials inspect Dellapenna building

By Howard B. Owens

City officials took a walk-through of the Dellapenna building on Ellicott Street this morning to check the security and safety of the long-vacant building.

Over the weekend, police officers discovered the building was unlocked while looking for a missing person.  

Following the inspection, officials said they secured it as best as they could today and will take steps to ensure it is better secured.

Distinguished Elba grad encourages top students to remember small-town roots

By Howard B. Owens

 

News release from Jason Smith:

The Elba Central School Class of 2011 was honored to welcome Lt. Col. Paul Birch and 1992 Elba graduate as their guest speaker for the Sixth Annual Top Ten Dinner on June 6.

The event is held annually for the top 10 graduating students from Elba and their families to recognize their academic achievements.

Lt. Col. Birch was the guest speaker and shared with the students the importance of staying true to their values and never forgetting their hometown roots in Elba.

In his speech, he encouraged the students to apply all they learned and use their small-town values as an advantage in life.

The Elba Student Council graciously sponsored the event.

Principal Jason Smith awarded each student an honor pin in recognition of their top 10 status.

Lt. Col. Birch is an evaluator pilot with more than 1,200 combined hours in the F-15SE and was promoted to the rank of Lt. Col. on March 1, 2010.

His military decorations include the Air Medal, Air Force Commendation Medal, Air Force Achievement Medal, National Defense Service Medal, Iraq Campaign Medal, and Global War on Terrorism Medal.

On June 1, Lt. Col Birch took command of the 4th Operation Support Squadron.

Past  speakers at the annual banquet have included Maureen Torrey-Marshall, Dorothy Coughlin, Samuel Giansante, Colleen Contant and Charles Zambito.

The top 10 students this year (second row, from left): Jarad Kogut, Phil Casper, Lt. Col. Paul Birch; (first row, from left) Elizabeth White, Jenna Bird, Kelsey Scott, Crosby Lamont, Molly Geissler, Jessica Pcionek, Ashley Crnkovich. Megan Schwartzmeyer was absent.

Below, with Paul Birch and Jason Smith, is Class of 2011 President Phil Casper.


 

Grand Jury Report: Batavia man accused of sexually abusing person under 11

By Howard B. Owens

Anthony P. Dioguardi is indicted on four counts of sexual abuse, 1st. Dioguardi is accused of using compulsion for sexual contact with a child less than 11 years old.

Myron W. Hartford is indicted on a charge of grand larceny, 2nd. Myron W. Hartford and Marline A. Hartford are indicted on charges of grand larceny, 4th, and three counts of offering a false instrument for filing, 1st. Myron Hartford is accused of stealing more than $50,000 from an individual. Both Myron Hartford and Marline Hartford are accused of stealing more than $1,000 from the Department of Social Services. Both are accused of filing false instruments with DSS.

Rebecca A. Chatley is indicted on charges of grand larceny, 4th, and criminal possession of stolen property, 4th. Chatley is accused of stealing a gift card for WalMart belonging to another person. 

Andrew J. Rock is indicted on two charges of burglary, 1st, and one count of menacing, 2nd. Rock is accused of entering a residence on Washington Avenue, Batavia, on May 15, and brandishing a long gun.

Carlos A. Torres Jr., is indicted on three counts of criminal possession of a controlled substance, 3rd. Torres is accused of possession on April 2 of more than a half-ounce of cocaine with the intent to sell it.

Thomas M. Pillo is indicted on charges of felony DWI and felony driving with a BAC of .18 or greater. Pillo was allegedly driving drunk March 11 in the City of Batavia.

Photo: New Main St. Pizza sign

By Howard B. Owens

Remember when businesses had painted signs on the sides of their buildings? 

Vic Marchese is going old school with the sign he hired Vinny DelPlato to paint for him on the back of Main St. Pizza Company.

DelPlato is responsible for many of the murals you see around town.

Here's a piece we did on him when he was working on the mural at Next Level Fitness.

Today's Deals: T.F. Brown's, Delavan's, Alli's, and more

By Ethan Thompson

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $10 gift card for $5.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have $20 gift certificates for $10.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Red Osier, Route 5, Stafford, NY: Truly, one of the landmark restaurants of the area. Red Osier features prime rib carved table side. We have $25 gift certificates for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. Decorate your home or office for spring or summer. We have a $20 gift certificate for $10.

SOLD OUT

Note: if you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

Photos: Batavia Motel becomes training ground for volunteer firefighters

By Howard B. Owens

Today, the former Batavia Motel on West Main Street became a training structure for volunteer firefighters as the Town of Batavia Fire Department began a bit of the dismantling process.

The hotel, acquired by the town a couple of months ago, is to be torn down (or burned down) to make way for an expansion of Lion Park.

The town condemned the property at  3768 W. Main Street Road in December, sending about seven residents looking for new places to live.

A couple of months after condemning the property, the town completed the purchase.

Town of Batavia Fire Chief Randy McIntire said the department isn't sure how much training it will be able to do on the building. The town may want it down pretty quickly and there might be some complications related to asbestos removal. 

At least for the next few weeks, however, firefighters -- and perhaps local law enforcement -- can use the worn-down structure for training.

Tonight, firefighters worked on venting -- the practice of cutting holes in the roof of a burning structure to allow heat and smoke to escape.

BTW: If this looks like your idea of fun and public service, visit ReadyGenesee.com to find out more about volunteering for your local fire department (city residents can volunteer for the Town of Batavia Fire Department).

Photos: The Memphis Belle at the county airport

By Howard B. Owens

I got four emails from four different people this morning about a B-17 being parked at the Genesee County Airport.

It turns out it's been there almost a week. The plane is the Memphis Belle, a prop plane used in the movie of that name. Its proper home is the Geneseo Airport, but since that is a grass field, all the recent rains have made the runway too soggy for landing such a large bird.

The Memphis Belle is expected to depart some time Wednesday.

Photos: Annual Jim Kelly tournament at Terry Hills

By Howard B. Owens

That's QB legend Dan Marino in the midst of a group of some of Batavia's loveliest ladies. The women made it to the edge of the sixth fairway at Terry Hills for the sixth straight year during the Jim Kelly Celebrity Golf Tournament. As always, the ladies had brownies ready to lure celebraties so they could meet them, get some autographs and snap a few pictures.

I came across the group while searching for Jamie Farr.  

When I finally did meet up with Farr, after he finished the fifth hole, I introduced myself and all he seemed to hear was "web site" and started telling me all about his site. Dashed was my chance to chit-chat about MASH a little and part with, "See you in the funny papers."

Pictured above are (in no particular order) Margaret Perry, Kathy Leffel, Kate Martin, Barb Thurber, Donna Gillard, Joan Torres, Diane Burroughs, Jean Woodcook, Carrie Jones and Anne Barone.

Among the more than dozen celebs they met today were Marino, Jim Kelly, Ben Rothelisberger, Archie Manning and Chris Berman.

Lisa Nistico with Farr.

Woman accused of shooting husband says her statements to police were harvested illegally

By WBTA News

Patricia Hardesty appeared in Genesee County Court today, disputing her signed statements to police from the night she was accused of shooting her husband in the leg.

Today's proceedings were a Huntley Hearing, a type of hearing which determines the admissibility of statements to police at a trial.

The 52-year-old Hardesty faces three counts of felony assault. State Police allege that on the evening of Aug. 1, 2010, Hardesty walked onto the deck at her County Line Road home in Corfu armed with a .22-caliber rifle, and shot her husband, Robert, in the knee.

Robert Hardesty was seriously injured in the incident. He was transported to ECMC that evening. Patricia was taken to the State Police barracks in Batavia, where Senior Investigator Kenneth Dubrinski questioned her.

Dubrinski testified in court today that Patricia did not seem hesitant to speak with him, and that he took two statements from her. A second was taken, he says, because the first was found to be incorrect or inconsistent after he spoke with officers at the scene via telephone.

Dubrinski told Assistant District Attorney Robert Zickl that he collected Hardesty's statements by "typing them as she talked." Those two statements were entered as evidence in today's hearing.

But Patricia Hardesty says that's not at all how it happened. She says Dubrinski collected "a trash can full" of statements from her, each time printing one out, finding errors or inconsistencies, and tossing it in the garbage. She says she signed as many as five different statements, each one varying slightly from the last in detail.

What's worse, says Hardesty, is that she could not read any of the typed statements being handed to her.

"I was not given Miranda Rights," she said, alleging that the standard rights were not read to her. "(Investigator Dubrinski) said they were at the top of the page there, but I could not read them without my glasses."

She allegedly told Dubrinski as much, so he ordered the glasses brought from the scene. But Hardesty says the glasses delivered were the wrong ones, a 10-year old pair that were too weak for her to use.

"I can't see out of them at all," she said today.

She did, however, sign each statement placed before her, and initialed each printed set of Miranda Rights to confirm that she'd been advised of them.

Hardesty says bits and pieces of her first statement were correct, but altogether it was not correct. She says she told Dubrinski this – and that's when the deluge of statements began.

"He made me so upset, my insides were shaking," she says of Dubrinski. "At the end of it all, I said, 'Just put whatever you want and I'll sign it.' I was tired, I hadn't slept for 24 hours, and I hadn't eaten. There were so many statements, I got confused. I started crying."

Hardesty also accused Dubrinski of improperly recording her statement by trying to make it match other statements from the scene, such as the one from her husband. She says each new draft of the statement included details that more closely matched others' statements – details that she had not necessarily consented to or mentioned.

Hardesty admitted that she'd consumed three or four beers between 3 and 7 p.m. on the evening the incident occurred. She also drank another one after the incident, as she waited for an ambulance to arrive for her husband.

"I was on the deck, and saw that my husband had left a beer there, and I downed it," she said.

Of the original police report, which stated that she and her husband had been fighting all weekend prior to the incident, Hardesty said that was false. She says her husband had not abused her, neither physically nor verbally, and they had not fought.

Judge Robert Noonan did not make a decision in today's hearing. He has taken it under advisement. Defense attorney Mehmet Okay requested a printed transcript of today's proceedings.

The case will resume later this month, 10 days after Okay receives that transcript.

Woman who forged business checks must pay $85,000 in restitution

By Howard B. Owens

A Batavia woman accused of issuing unauthorized checks to herself from her employer's business account, will serve five months in a halfway house and five months in home confinement, a federal judge in Buffalo ruled today.

Deborah Dutton, 55, must also pay $85,000 in restitution to her former employer. 

Dutton previously admitted to forgery for falsely issuing checks to herself from 2007 to May 2010.

During sentencing, prosecutors noted that Dutton had a prior theft conviction in 1984.

Her defense attorney said Dutton has started the restitution process by selling a collection of dolls. She will also put her home up for sale.

Police Beat: Le Roy man accused of passing forged prescription

By Howard B. Owens

Ronald L. MacGregor, 42, of 66 Lake St., Le Roy, is charged with criminal possession of a forged instrument, 2nd. MacGregor was arrested following an investigation by Le Roy Police into an allegation that MacGregor entered a local pharmacy possessing a forged or altered prescription script and passed it to pharmacy staff. MacGregor was jailed on $3,000 bail.

Martin Fitzgerald Jones, 40, of West Main Street Road, Batavia, is charged with petit larceny. Jones was arrested on a warrant out of city court.

Dwayne William Brown, 25, of North Main Street, Holley, is charged with DWI, driving with a BAC of .08 or greater, speeding (90 mph in a 55 mph zone), passing in a no passing zone, operating out of class. Brown was stopped at 2:53 a.m. Saturday on Route 33, Stafford, by Deputy Frank Bordonaro. Bordonaro allegedly observed Brown riding a motorcycle on Route 33 while going 90 mph.

Joseph Thomas Bortle, 39, of Knowlesville Road, Oakfield, is charged with petit larceny and criminal possession of a controlled substance, 7th. Bortle is accused of trying to shoplift $26.97 in batteries from Kmart. During the investigation, Bortle was allegedly found in possession of a narcotic analgesic pill for which he didn't have a prescription.

Jordan Gerard Merica, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana. Merica was stopped on Route 77, Darien, for alleged traffic violations at 4:40 p.m. Friday by Deputy Patrick Reeves. 

Brian Patrick O'Grady, 46, of Lyman Road, Bergen, is charged with driving while impaired by drugs and alcohol. O'Grady was allegedly involved in a property damage accident on Dublin Road, Bergen, at 11:45 p.m. Sunday. O'Grady allegedly left the scene of the accident and was located at his residence a short time later.

Elizabeth Ann Lindner, 24, of West Main Street Road, Batavia, is charged with forgery, 2nd. Lindner is accused of passing a forged check.

Police looking for hit-and-run driver who struck pedestrian on Central Avenue

By Howard B. Owens

A 22-year-old Batavia resident was hospitalized early this morning after being struck by a hit-and-run driver on Central Avenue in the city.

Police are asking people with information about the car and driver to call 345-6350.

Luis A. Mercado was listed this morning in stable condition at Strong Memorial Hospital.

At about 1:36 a.m., Mercardo was walking on Central when he was struck by a white sedan.

The car reportedly has a loud exhaust and is possibly a Dodge Stratus. It sustained front end damage and most likely a broken windshield.

Tax incentive package announced to help Alpina to move into agri-park

By Howard B. Owens

A South American-based dairy processing company will get $767,096 in tax incentives to help the company establish a new yogurt factory in Batavia, the Genesee County Economic Development Center announced.

The incentive package for Alpina Products includes a property tax abatement, a sales tax exemption and a reduction of mortgage taxes.

GCEDC announced in April that Alpina agreed to become the first tenant for the Genesee Valley Agri-Business Park off Route 5 in Batavia.

The plant, when completed, is expected to add 50 jobs to the local economy and if successful, Alpina officials said they would expect to expand their operations in Batavia.

More than half of the tax incentive package comes in the form of a PILOT (payment in lieu of taxes) arrangement that will reduce the amount of anticipated property taxes paid by Alpina by more than $458,000 over 10 years.

Alpina will pay property taxes on the current assessed value of its 10-acre facility, but because building the plant will increase the land's value, Alpina will get a break on that increased assessment for 10 years. During the first five years, Alpina will pay no taxes on the difference between the current assessed value and the new assessed value. Starting in year six through year 10, Alpina will pay 50 percent of the increase in additional taxes, and pay 100 percent from that point forward.

The sales tax exemption of $260,000 will be on construction materials and office equipment, but not manufacturing equipment.

The mortgage tax exemption is $48,750.

The anticipated economic benefit to Genesee County is expected to exceed $30 million over 10 years.

Alpina will invest $15 million to purchase the 10-acre parcel and construct the plant.

In other GCEDC news, Wellsville Carpet Town at 3990 Call Parkway, Batavia, will receive a $14,375 mortgage tax exemption to help the company refinance its current $1.5 million real estate loan. GCEDC says the abatement will help retain 45 jobs in the county.

Muckdogs announce season's promo schedule

By Billie Owens

Here's a press release from the Muckdogs.

The Batavia Muckdogs, Genesee County’s only professional sports franchise, have released their 2011 promotional schedule featuring fireworks, giveaways, special events, theme nights and daily promotions.

The fun will kick off two days prior to Opening Day with the 2nd annual pre-season “Pep Dog Rally” on Wednesday June 15th starting at 6 p.m. This free event will be fans’ first chance to meet this year’s team. The night will feature games for the kids, local mascots, and prizes and raffles throughout the night.

A particular highlight of the evening will be a wiffle ball homerun derby that anyone can participate in. Fans can sign up to participate as they enter the ballpark and we will pick, at random, four children and four adults to participate. These participants will compete in a wiffle ball homerun derby on the field. Prizes will be awarded to the winners.

The Muckdogs will again offer fans a daily menu of money-saving promotions available throughout the season.

The Daily News will continue to sponsor Muckdog Mondays. Every Monday home game, fans can receive a $1 discount off a General Admission ticket when they redeem a coupon that runs in the Saturday edition of The Daily News.

On Tuesday nights, KRAFT Singles presents KRAFT Singles Tuesday Night Tickets. Fans can bring a KRAFT Singles wrapper to the Muckdogs box office for a buy one - get one free ticket from KRAFT Singles. Visit kraftsingles.com for more details.

The Family Four Pack will take place on every Wednesday during the 2011 season and is presented by M&T Bank. Fans can purchase four general admission tickets, four hot dogs, four 12 oz. sodas and a 2011 program for only $30, a savings of $14.

Thursday features a new addition to the lineup. This year, every Thursday home game, the first 100 kids will eat for free courtesy of The Williams Law Firm. Each child will receive a coupon for a free hot dog, soda and snack item.

Fireworks will again light up the sky after every Friday night game at Dwyer Stadium, as well as on the annual Independence Day celebration on July 4th. Every Saturday will feature a pre-game concert in the concourse.

These “Rock the Ballpark” events feature Papa and Mama Root, an oldies rock-and-roll tribute band, and original music recording artists. They are presented by: Tim Horton’s of Batavia; New Buffalo Impact; LowPriceChoice.com; and Energy Efficiency Training Center. All performances begin at 6 p.m. and are weather permitting.

At Sunday home games, kids can run the bases with Homer after the game courtesy of Bob Evans Restaurant in Batavia. Every child who runs the bases with Homer receives a free coupon to Bob Evans Restaurant. Also on Sundays, the Muckdogs have partnered with HCR Home Care and the Batavia Bus Service for a Sunday Senior Bus Service. This will provide free transportation from several local senior living centers to and from all Sunday home games.

Other games of note on the 2011 promotional schedule include:

  • Opening Day/Fireworks/Magnet Schedule Giveaway/Inflatable Bat Giveaway -- Friday, June 17th
  • Father’s Day/Prostate Cancer Awareness Day with Specialty Cap Auction/Post-Game Catch on Field -- Sunday, June 19th
  • Independence Day Celebration Fireworks -- Monday, July 4th
  • Frisbee Giveaway -- Friday, July 8th
  • Bark in the Park -- Sunday, July 17th
  • Team Photo Giveaway -- Saturday, Aug. 6th
  • Buffalo Sabres Legend Rob Ray Autograph Appearance -- Tuesday, Aug. 9th
  • Star Wars Night -- Saturday, Aug. 13th
  • Water Bottle Giveaway -- Monday, Aug. 22nd
  • Stache Bash -- Wednesday, Aug. 24th
  • Ryan Howard Collectible Coin Giveaway -- Thursday, Aug. 25th (with coupon from Batavia Downs Casino)
  • Chase Utley Collectible Coin Giveaway -- Saturday, Sept. 3rd (with coupon from Batavia Downs Casino)

Fireworks Nights will be as follows: June 17th, July 4th, July 8th, July 15th, July 22nd, July 29th, Aug. 5th, and Aug. 12th.

The Muckdogs open their 2011 home schedule on Friday, June 17th vs. the Auburn Doubledays at 7:05 p.m. For a complete 2011 promotional schedule, go to www.muckdogs.com or call the Muckdogs office at (585) 343-5454.

Police will be conducting alcohol compliance checks at stores

By Billie Owens

This information is from the Batavia Police Department.

The Batavia Police will be conducting alcohol compliance checks to determine if point-of-sale for alcohol locations are making sure to properly identify the purchaser of alcohol.

Detective Richard Schauf says the PD wants to remind store managers and owners of the importance of properly training their employees to check the purchaser’s identification.

In the past, offiers have seen employees not check the ID or check it and see the person is less than 21 and sell the alcohol anyway.

In the case of employees selling to minors, the employee is subject to court appearance and should be reminded of this. A store can lose its liquor license if it does not conform to the laws governing the sale of alcohol to those less than 21 years of age.

GC AmeriCorps seeks host site agencies

By Billie Owens

The Genesee County AmeriCorps is looking for host site agencies.

True to its motto, AmeriCorps is “Getting Things Done” in Genesee, Orleans and Wyoming counties.

The Genesee County Youth Bureau has begun planning for year eight of the program, which starts Oct. 1, contingent on the receipt of federal funding from the Corporation for National and Community Service.

Agencies have utilized AmeriCorps members for a variety of projects. Assignments include activities that fall under one or more of these categories: youth development/ mentoring; volunteer recruitment; and public safety/community outreach.

Host sites complete a proposal which outlines the duties for each position. Members can create new programs or enhance existing services, and their work can benefit different parts of the organization.

Proposals requesting members to begin serving this fall are due by June 15.

Sites will be selected and notified in early July. Member recruitment will begin at that time. Proposals for members to serve in the summer of 2012 are due in March, 2012 but can be submitted sooner.

Please contact Kathy Frank at 344-3960 or kfrank@co.genesee.ny.us for further information or to request the proposal form. The form can also be downloaded from the Youth Bureau page on the Genesee County web site: www.co.genesee.ny.us

Jeff Allen led pack in write-in votes in NY-26 special election

By Howard B. Owens

There were 44 write-in votes cast in the May 24 special election for the NY-26 congressional seat and Jeff Allen, who mounted a local write-in campaign through The Batavian, social media and a limited marketing budget, got 15 votes.

That made him the top vote-getter among all write-in "candidates."

David Bellavia, who specifically dropped out of the race and endorsed Jack Davis on the Tea Party line, received nine votes.

Assemblyman Steve Hawley received four votes as did former rep, Shirtless Chris Lee, who resigned after it was revealed he was apparently trolling Craigslist for dates.

Notable single vote "candidates:" Reader JoAnne Rock, reader Peter O'Brien, local businessman and Oakfield School District Board Member Marc Johnson and Elba resident and nationally known author Bill Kauffman.

Top Items on Batavia's List

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