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Vehicle on fire in cornfield off Lake Street Road, Selden Road, Le Roy

By Howard B. Owens

A caller reports that he wasn't in an accident, but his car is on fire and it's in a cornfield off of Lake Street Road and Selden Road, Le Roy.

Le Roy fire dispatched. A chief request the first engine out be the brush truck.

UPDATE 7:07 p.m.: Because of the distance off the road, more brush trucks requested to the scene. It is a working fire. Pavilion, Bergen and Stafford all requested to the scene.

Hope Center of Le Roy opens with multiple programs for the community

By Howard B. Owens

It's the vision of Rev. Henry Moore and the team at the Hope Center of Le Roy that the new ministry 42 Main St. will provide the community with a place of hope and help.

"We just want to show God's love through all of us and everything that we're doing," Moore said. "That's a lot of what we're based on, the fact of God's love and things will take shape from there."

The Hope Center, which is still just barely furnished, offers several programs for the community already.

There is L.I.F.T., which stands for Ladies in Faith Together. It's a program for single moms, where single moms can meet and support each other, share a meal, and grow in faith together.

The King's Table provides support for caregivers of children with special needs. 

"A couple of ladies who have special needs children took it upon themselves to start the program," Moore said. "Since then they've begun to bring families in and it gives them an opportunity to just meet together."

Fresh Start Literacy is a program for children to get extra help with reading.

"We really feel like this is going to be a powerful one because so many families have children who struggle to read," Moore said. "It's tough in a school atmosphere to get one-on-one help. We're willing to offer that."

Moms United in Prayer is a chance for women to pray together on a regular basis for children and schools.

Annually, the center offers Go Pro Spa Day and the Prom Dress Give Away.

Planned programs include Celebrate Recovery, a disaster relief program, children and teens programs and a New Life Clothing Center.

Much of Moore's ministry is based on the work, including the Prom Dress Give Away, he was doing with the Living Waters Church.

The Hope Center is now a separate nonprofit, and Moore is seeking donation and community support. The Hope Center has also started a building fund with the hope of eventually owning its own building.

"What we really want to do is get the community involved get all the churches to come together," Moore said. "I mean, no one person has a vision to make everything happen. One of the things we found was that someone has a vision and they don't know how to make it happen. We want to help that."

The rest of the leadership team includes Donna Friedman, Pat Bedford and Amy Bolton.

The motto of the Hope Center is that "hope is more than a wish. It is a confident expectation."

Moore said it's his goal to see the new ministry provide that kind of confident expectation to the Le Roy community.

Scoreless 2nd quarter for Blue Devils foreshadows upset loss to HFL

By Howard B. Owens

The #3 seed in Class A2, the Batavia Blue Devils, was up Saturday in a Section V playoff game played in Batavia, by the #6 seed, Honeoye Falls-Lima, 48-41.

While Batavia jumped out to a 17-7 first quarter lead, behind the hot hand of Tee Sean Ayala, who scored 13 of his 20 points in the first eight minutes, HFL seemed to have figured out how to slow Ayala down. HFL held Ayala to seven points the rest of the way.

Worse, the Blue Devils didn't score at all in the second quarter and were held to 10 points in the fourth quarter -- a quarter in which HFL seemed to find it impossible to miss a shot, scoring 17 points.

Naz Pratt scored nine points for the Blue Devils and Antwan Odom scored six.

Top scorer for HFL was Garret Ruff with 13.

Car in ditch on Main Road, Pembroke

By Howard B. Owens

A one-car accident is reported in the area of 246 Main Road, Pembroke. 

The vehicle is in a ditch and is smoking.

Unknown injuries.

Pembroke fire and Indian Falls fire along with Mercy EMS dispatched.

UPDATE 12:22 p.m.: Subjects are out of the vehicle. The vehicle is no longer smoking.

Committee to recommend Cincinnati firm to conduct city manager search; cost set at around $26K

By Mike Pettinella

The City of Batavia's search committee that has been formed to fill the vacant city manager position is recommending that The Novak Consulting Group conduct the professional search at an approximate cost of $26,200.

The commitee, consisting of Council members Eugene Jankowski, Adam Tabelski and Robert Bialkowski along with HR Specialist Dawn Fairbanks, will be asking Council to consider the Cincinnati, Ohio, firm during Monday night's Conference Meeting at the City Centre's Council Board Room with the goal of the board casting a positive vote at a Special Business Meeting immediately afterward.

According to a memo from Fairbanks dated Feb. 21, the search commitee received seven responses from executive search services for the recruitment of a manager to replace Jason Molino, who resigned effective Jan. 29.

Fairbanks wrote that the committee narrowed the field down to three finalists, and each of those companies were interviewed via a conference call.

"After careful review, the Search Committee recommends The Novak Consulting Group for the search services ...," Fairbanks wrote.

The proposed contract calls for the City to pay $23,500 for Novak to "complete the city manager recruitment," with additional costs as follows: $1,000-$1,500 for advertising, $175-$300 per top finalist for background checks, and travel costs for finalists to attend interviews in the City.

The Novak Consulting Group was founded in 2009 by Julia D. Novak, whose resume lists 30 years of experience working with and for local governments. A consultant, trainer and facilitator, Novak's local government career includes positions in Fort Collins, Colo.; Lexington, Mass.; Rockville, Md,; and Rye, N.Y. (where she was the city manager).

She is a noted author and speaker on a variety of public administration management topics. Her staff includes consultants with decades of collective experience.

Details of the executive search contract's work plan for the City of Batavia, as provided by Novak, are as follows:

-- Develop candidate profile. Tasks include speaking with each member of City Council to learn individual expectations of each elected offical, in addition to discovering the shared goals for a new city manager -- utilizing focus groups and/or online surveys. From those meetings, etc., Novak promises to develop a tailored marketing and recruitment plan that includes New York, the region and the nation, preparing a position profile that is unique to Batavia. Also, the firm says it will develop first-year organizational goals for the successful candidate so he or she knows what will be expected.

-- Conduct active recruitment and screening. Tasks include conducting an advertising campaign -- using social media, phone and email contacts -- to identify and solicit potential candidates. After that is completed, the firm will market the position and identify qualified candidates for assessment, utilizing networks such as the International City/County Management Association, New York State City County Managers Association and other state and regional organizations pertinent to the recruiting process. The recruitment plan includes seeking candidates who are minorities, women and those who have worked in similar communities.

-- Support interviews and selection. Tasks include facilitating a customized, multistep interview process, which could consist of writing and role play exercises and/or a community reception. Novak will help arrange travel logistics for each candidate, and review candidates' strengths and backgrounds. The firm also is able to assist in salary negotiations.

The contract would be good for two years, with the guarantee that if the new hire leaves the position within two years time, Novak would conduct a new search for no professional fee. The City would then be responsible for billed direct expenses only.

Novak has assigned Catherine Tuck Parrish, who has conducted more than 100 searches for city manager/administrator jobs, and Jenn Reichelt, who has 16 years of experience in local government management, as the executive search practice leader and associate, respectively.

Other items on the Conference Meeting agenda include:

-- Public hearings for the budget ordinance; water rates, meter fees and capital improvement fees; establishing a user fee for the City Centre Mall, and amending the Business Improvement District Plan.

-- Creation of a full-time building maintenance worker and four part-time custodians as part of the City's Public Works Department to cover the operation and maintenance of the Mall concourse as a result of the City's agreement with the mall merchants association.

-- A resolution for an inter-municipal agreement with Genesee County for the City to pay 20 percent of the Genesee County Youth Bureau director's time spent providing administrative services for the City Youth Bureau.

Vehicle in the water off of Chick Road, Darien

By Howard B. Owens

A vehicle has reportedly gone off the road and is in the water at Chick Road and Attica Road, Darien.

Darien fire and Darien ambulance dispatched.

UPDATE 11:15 p.m.: The vehicle was unoccupied.

UPDATE 12:30 p.m., Sunday: There was a search of the area last night and this morning. The operator was eventually located, safe.

Republicans seek council person for the Town of Pavilion

By Billie Owens

Press release:

The Pavilion Republican Committee is seeking civic-minded individuals interested in serving as a Council Person for the Town of Pavilion. The term would start in 2019.

If you have questions or if you are interested in running, please send a letter of intent and resume to:

Town of Pavilion Republican Committee, c/o Kevin Clary, Box 28, Pavilion, NY 14525 or email kevron1@frontiernet.net

Paolo Busti Cultural Foundation sponsoring St. Joseph's Table at Sunny's March 15, benefits scholarship fund

By Billie Owens

The Paolo Busti Cultural Foundation is doing a St. Joseph's Table at Sunny’s Restaurant at 5:30 p.m. on Thursday, March 15. A traditional meatless meal will be served. Profits will go to the foundation's high school senior Scholarship Fund. 

Cost is adults $20, children $5.

Tickets are available at Sunny's Restaurant in the Centre City mall, or from Paolo Busti board members.

According to Buffalo Folklore Etc., the St. Joseph's Table is a ritual meal done by Sicilians and Sicilian-Americans in fulfillment of a promise made to St. Joseph for his assistance in a time of family or personal crises. The Table is held on or as close to his feast day of March 19th as possible.

It is a very compelling and complex celebration with meaning for the people as a whole and even more specific meaning for the particular group or family celebrating the day.

The Table includes the altar with an image of Saint Joseph, flowers, candles, fruit and bread as well as the special meal of meatless dishes served at what is traditionally an open house at the home of the person/family giving the Table. The St. Joseph's Table tradition was brought to the United States by the late 19th and early 20th century Sicilian immigrants into Louisiana, Texas, California, Colorado and New York.

For more information about St. Joseph's Table, click here.

In 1992, the executive committee of the Paolo Busti Cultural Foundation published a 240-page book titled "The Legacy of Italian-Americans in Genesee County New York" (Heart of Lakes Publishing). Common terms, names and phrases are searchable online here, plus you can read this Google Book and download its contents (directions on how to do so are online), which publishers provide via Google's Library Project.

Judge calls man who beat and choked dog, attacked woman, a threat to society

By Howard B. Owens

Agreeing with the prosecution that Shawn M. Twardowski, 35, formerly of Bank Street, Batavia, is a threat to society, Judge Charles Zambito sentenced him to two-and-a-half to five years in prison.

Zambito expressed the hope that while in prison, Twardowski will take advantage of programs available to him to help him with his mental health issues and substance abuse problems.

"Until you address those issues, you need to be removed from society," Zambito said.

A year ago, Twardowski was arrested for strangling and punching a beagle, attacking a woman at that location, stealing and attempting to disable her mobile phone and then, upon police arrival, barricading himself in a bedroom. 

He previously pled guilty to a burglary charge after first undergoing a psychiatric evaluation.

Zambito expressed dismay that Twardowski thought it appropriate to attack the beagle and the woman merely because the woman allowed the dog to lick a bowl.

The judge said Twardowski's record goes back to 2005 and is filled with charges related to violence, resisting arrest and violating court orders.

His attorney, Michael Locicero, said he wasn't not making excuses for his client's behavior but offered up as mitigating circumstances for his behavior, years of untreated mental health issues, his substance abuse, and a recent diagnosis of Huntington's Disease.

Twardowski told Zambito he didn't wish to make a statement in court.

The sentence was the middle range between the minimum available to Zambito and the maximum possible sentence in the case.

City Schools superintendent addresses community concerns about school safety in letter sent home with students

By Howard B. Owens

If parents notice an increased police presence at Batavia City Schools, it's not in response to any specific threat, Superintendent Chris Dailey said today in a letter sent home with students after school.

"This is meant to be a positive and proactive step as our police department continues to look for ways to engage with our students in prevention and support," Dailey wrote.

The letter addresses heightened concern in the community about school safety after last week's shooting at Marjory Stoneman Douglas High School in Florida and reports of a student last week who officials believed made verbal threats at the BOCES campus.

The letter may be in response to numerous social media posts asking questions about more police officers on and around local campuses and unconfirmed rumors of threats made on social media specific to local schools.

"Our country is recovering from the tragedy in Parkland, Florida," Daily wrote. "It is only natural to have questions about the safety and security of our students and staff in BCSD.

"There are stories from time to time of students potentially threatening to do violent acts at our schools," Dailey continued. "We, along with the Batavia City Police Department, always look into any allegations of this sort and have found no credible threats against our district."

Dailey said the district is actively involved in emergency response and planning with local law enforcement.

The events in Florida, he said, provide an opportunity to review procedures and plans and make adjustments as necessary.

To read the full letter, click here.

Batavia Kiwanis celebrate 95 years of serving the community

By Howard B. Owens

Submitted photo: Matt Landers, president of Batavia Kiwanis, with a dessert tray commemorating the club's 95 anniversary.

Press release:

Today, the Kiwanis Club of Batavia celebrated its 95th Anniversary. The club’s rich history of performing community service projects for the children of the Batavia community has left its mark in a variety of ways.

The club received its charter from Kiwanis International on Feb. 22, 1923, with 56 original members, including the former Batavia Mayor, Ashton W. Caney, and many other community businessmen and professionals.

The mission of Kiwanis is to serve the children of the world, and as one of their first projects, the Kiwanis Club of Batavia started a fresh air program where they sponsored bringing children from the cities into the country for a week. The club began recognizing the top 10 students from Batavia and Notre Dame High Schools in 1944 and continues to do so today.

The club’s largest project during their first half-century included raising over $42,000 to assist in building the city pool at MacArthur Park, which was dedicated in 1962. Following the pool project, the club sponsored the development of Kiwanis Park in the Town of Batavia. The park was dedicated in 1977, and most recently the club helped to convert the park to one that offers specialized equipment for children with developmental disabilities.

During the second half-century of the club’s existence, a most significant impact was realized through the Bidding on a Brighter Future Gala event that raised a combined total of nearly $200,000 over five years to assist the Justice for Children Advocacy Center in securing a permanent home. These funds are presently being utilized to renovate a building that will meet the service needs related to assisting children who have been physically or sexually abused.

Other projects started by the Kiwanis Club include a Soap Box Derby, an ice carnival, Farm City Days, a ski tow in Attica, and the Golden Olympics for seniors.

The club continues to work tirelessly for the community in a variety of ways. Monies raised through their Pancake Day, Spaghetti Dinner and 5K for Autism Awareness are distributed to local children-centric organizations. Money from those projects also funds several annual community events: Easter Egg Hunt, Thanksgiving Morning Skate, Holiday Tote Project and AMBA Blood Analysis. The club supports Meals on Wheels by delivering meals on a weekly basis, as it has done for nearly 20 years.

Most recently in partnership with Genesee County, club members volunteered to maintain the outdoor ice rink at DeWitt Recreation Area on Friday nights so the community would have the opportunity to skate under the lights on a weekly basis. The club also partners with the Genesee County Bar Association to recognize outstanding law enforcement professionals from the Batavia Police Department, Genesee County Sheriff’s Department, State Police Troop A and the Le Roy Police Department at their Annual Law Day Dinner.

The Kiwanis Club of Batavia currently has 43 members and is proud of the long-term membership of Kiwanis Past Lieutenant Governor Richard Rung since 1973, as well as that of local Past President Donald Lewis since 1965.

Woman who attempted to steal from State Street Road business given shock probation

By Howard B. Owens
       Ann Capuano

A 32-year-old Montclair Avenue resident had a litany of excuses this morning for Judge Charles Zambito for why she missed drug treatment appointments, including transportation issues, before breaking down in tears.

Zambito sentenced Ann Marie Capuano to shock probation, which means six months in jail followed by five years on probation.

In June, Capuano agreed to a guilty plea to a Class E felony of attempted burglary.

Three months earlier she had broken into a State Street Road business and brandished a knife. She then tried to escape on a bicycle.

Later, she admitted to being on drugs at the time.

She was released from custody under Supervision of Genesee Justice and was scheduled to participate in drug treatment.

In treatment, she was accused of stealing medication from another patient.

Zambito told Capuano this was her last chance and the next step would be state prison.

Via our news partner, WBTA.

Le Roy resident promoted at Tompkins

By Howard B. Owens

Press release:

Tompkins Insurance Agencies announces Kevin Robertson has been promoted to assistant vice president, personal lines supervisor. Robertson is responsible for overseeing personal lines account managers throughout the entire Western New York region. He has been with Tompkins Insurance for six years. Robertson holds his New York State Insurance Brokers License for property and casualty, in addition to a master’s degree from SUNY Brockport. Robertson currently resides in the Village of LeRoy.

City Council expresses confidence in economic development effort by BDC

By Howard B. Owens

During a budget workshop Wednesday night, the occasionally controversial Batavia Development Corp. received across the board support from members of the City Council.

Up for discussion was the $110,000 the city provides to the BDC to fund its operations, including paying the salary of Economic Development Coordinator Julie Pacatte.

Councilman Al McGinnis opened the discussion suggesting that while it might be OK to fund BDC this year, he would like the funding reviewed next year.

By the end of the meeting, however, McGinnis backed off that request because he learned funding for BDC comes from the video slot machine proceeds paid to the city by Batavia Downs.

"As long as it's the VLT money, that's fine," McGinnis said after the meeting.

He said he doesn't have a problem with the BDC and likes the work Pacatte and the board of directors are doing. He would just like to see a more detailed, nuanced regular report from the BDC on its projects.

At that point, Councilwoman Kathy Briggs jumped in and said the BDC regularly emails council members about its projects.

As for residents who are sometimes critical of the BDC, she thinks more of them are excited to see what's coming, and once the two in-progress breweries open up, that will help validate the work of the BDC in the eyes of a lot of people.

"Once they start seeing something, they’re going to get excited," Briggs said. "They’ve been hearing it for so long and they ask when, but when they start seeing a little progress, they’re going to get excited."

Both during the meeting and after, Councilman Paul Viele said the money the City is providing the BDC is money that is being well spent.

"For the $110,000 that we’re giving them, we’re getting a bang for our buck," Viele said. "You see what the result is. It’s great for the city. Whatever we can do to help them, let’s move forward."

During the meeting, Councilwoman Rose Mary Christian questioned why BDC's budget was $125,000 last year. Interim City Manager Matt Worth explained that $15,000 was added to the budget because of some anticipated environmental remediation. It turned out that work wasn't necessary, the money wasn't spent and it was moved back into the general fund.

Worth also provided a short history of the BDC, which dates back a couple of decades. At one time, Ed Flynn, now a consultant working on the Downtown Revitalization Initiative for the state, worked for the city handling economic development. The BDC received federal funds to establish a revolving loan fund. After Flynn's position was eliminated, the BDC board and the loan fund remained but with nobody to administer it. That led to some problems with collections on the loans. A coordinator's position was created both to help with the administration of BDC functions, but also to pursue economic development opportunities.

Since then, during Pacatte's tenure: several new market-rate apartments have been added to the downtown residential stock; the Carr's Warehouse has been converted into a mixed-use complex; a developer has been secured for the former Della Penna property and the Santy's Tires property; and soon the J.J. Newberry building will become the Eli Fish Brewing Company with the FreshLab restaurant incubator as part of the project.

Councilman Adam Tabelski expressed concern that talk of defunding the BDC could hamper the BDC's relationship with developers and other development partners, creating uncertainty about the BDC's continued operation.

"It perplexes me that this matter is even coming up as a topic," Tabelski said.

Christian asked about the BDC's contribution to the city winning the region's Downtown Revitalization Inititiviative contest, with its $10 million prize for economic development, and Council President Eugene Jankowski said that Pacatte assisted in the application process plus the fact that the city has the BDC, as well as the Batavia Business Improvement District, gave the city more points to help in its winning score.

The budget workshop started off with a discussion about funding a part-time staff position at the youth bureau. In the past, the position was filled by a member of AmeriCorps but the Federal government has eliminated AmeriCorps.  

The County's Youth Bureau Director Jocelyn Sikorski, who operates the city's youth bureau program as part of a shared services agreement, said the job is critical to the operation of the youth bureau. 

After a discussion about the importance of the programs the youth bureau provides to give children in the city, especially children from poorer homes, constructive activities and meals, the council voted to fund the position.

"We pay now or we pay later," McGinnis said. "And if we pay later, we pay dearly."

The council also addressed the topic of a spray park on the south side of the city. On Christian's request, with council support, Worth said staff will work up a report on the cost of the smallest possible spray park in Farrall Park, just to give council members of an idea of what it might cost, not that the spray park will be located there or be a park like the one in the report.

In today's dollars, the Austin Park spray park would cost $500,000.

Tabelski said Albion is building a small spray park for a couple hundred thousand dollars.

The current spray park uses about six million gallons of water each summer. To picture that much water, he said, imagine filling and emptying the water tower over by the VA Center four times.

The city buys that water at a wholesale price.

Fighting Irish advance in Section V playoffs

By Howard B. Owens

Notre Dame advanced in the Class D1 Section V boys basketball playoffs Wednesday with a 68-50 home victory over Wheatland-Chili.

Andrew Moore scored 13 points, Ryan Moffat, 12, Gabe Macdonald, 11, Nico Zambito, 9, and Brendin Klotzbach, 8.

Zambito had nine rebounds. Spencer Misiti had five assists.

For Wheatland-Chili, Adam Lund scored 23 points.

In girls basketball:

  • Canisteo beat Le Roy, 59-56
  • Geneseo over Alexander, 53-34
  • Bergen over North Rose, 57-40
  • Notre Dame beat East Rochester, 54-36

Ranzenhofer seeks constituent opinions with online questionnaire

By Howard B. Owens

Press release:

With the State Legislature reconvening for this year’s legislative session and the 2018-19 State Budget process underway, Senator Michael H. Ranzenhofer is asking for constituents’ opinions on issues impacting New York State and the Western New York community.

“Many important issues will be discussed and debated at the State Capitol in the days, weeks and months ahead,” Ranzenhofer said. “As your State Senator, I value the concerns and priorities of constituents in the 61st Senate District.

"I encourage residents to share their opinions with me by completing the 2018 Legislative Questionnaire. As always, I will be listening to all of my constituents as this year’s legislative session progresses.”

Residents can complete the survey by visiting Senator Ranzenhofer’s website, ranzenhofer.nysenate.gov. The 16-question survey covers a wide variety of legislative issues, including the local economy, quality of local public schools, and bills introduced in the State Assembly and State Senate.

Town supervisor says planning board's action could prove to be 'instigating spark' toward sidewalk policy

By Mike Pettinella

Batavia Town Supervisor Gregory Post tonight said he was surprised by the Batavia Town Planning Board placing an issue over a sidewalk at the Dollar General project in the hamlet of East Pembroke into the Town Board’s lap, but he acknowledged that it could provide the impetus toward creating a municipal sidewalk policy.

Speaking after the monthly Town Board meeting, Post said he didn’t expect planners to approve the site plan without sidewalks and also calling for the developer, Zaremba Group, to contribute $10,000 toward a sidewalk fund should the Town Board rule that a sidewalk be constructed to connect to existing sidewalk on nearby East Avenue.

The planning board’s vote, which was accompanied by a recommendation to the Town Board to include the sidewalk, took place on Tuesday night.

“Usually the planning board makes the final decision when it comes to that (approval or disapproval of a site plan), not kicking it back to the Town Board,” Post said. “In the end, the common sense thing to do is to build the sidewalk, which coincides with our goal of creating a walkable community.”

Post said the Town hasn’t developed a sidewalk policy – “we don’t build sidewalks; this is something new to the Town,” he noted – but this could be the “instigating spark that compels us to move in that direction.”

The supervisor said the Town Board discussed the matter before its meeting tonight and will be continuing the debate, adding that he anticipates calling a public information meeting focusing on sidewalks and public sewer in the hamlet.

Post said that, one way or another, the sidewalk at the site of the proposed 9,000-square-foot Dollar General store will be built.

“In the long term, we will look at a policy and (the creation) of sidewalk districts that benefit the residents that use them, while for the short term, we don’t want to make people walk on the side of the road in the dark for 200 (actually about 260) feet,” he said.

The board passed numerous resolutions tonight, including:

-- Two Eagle Scout community service projects by a pair of Batavia High School students. Johnathan Totten, a senior (pictured), and Matthew Grover, a junior, were granted authority to build park benches at Kiwanis Park and park benches and picnic tables at Galloway Park, respectively.

Both are working toward Eagle Scout status – Totten in Troop 6069, of which his father, Greg, is scoutmaster, and Grover in Troop 6006.

“I want to thank you for your service and dedication to the community and scouting,” Post said to Totten after this request was approved. “You’re on your way.”

-- The purchase of four 2018 Ford pickup trucks – two F250s and two F350s – for use by the highway and water/sewer departments, replacing four 2016 models as part of its two-year vehicle rotation schedule. The purchase of 8-10 foot snowplows that attach to the trucks also was approved.

“By changing trucks every two years, it is much more cost-effective for us,” Post said. “We have no maintenance issues since they’re under warranty, which allows us to not have a full-time mechanic.”

-- The transfer of two parcels from Oakwood Hills LLC, at the Oakwood Subdivision on East Main Street Road – a 10th of an acre tract where a sewer pump station is located and 15 acres covering five streets in the subdivision as part of the Town’s roadway infrastructure.

-- The acquisition of a parcel of land at Batavia Gardens on East Main Street as an easement for Ellicott Trail. The cost was $20,400, which will be reimbursed to the Town as part of the grant-funded $1.2 million bicycle and pedestrian project.

-- An agreement with G&G Municipal Consulting and Grant Writing to conduct a Median Household Income and Low/Moderate Income survey throughout the Town for the purpose of determining the Town’s eligibility for grant money. The contract with the company is for $16,500 plus postage.

Photos at top -- State Assemblyman Steven Hawley presents a certificate of achievement to Gary Diegelman for his 15 years of service as chair of the Town of Batavia Zoning Board of Appeals as Supervisor Gregory Post looks on. Moments earlier, Post and the Town Board showed their appreciation with a crystal award. Scoutmaster Greg Totten congratulates his son, Johnathon, after the Town Board approved their Eagle Scout community service project. Photos by Mike Pettinella.

Defendent in East Main stabbing says he didn't do it before being sent to prison for 10 years

By Howard B. Owens

JW Hardy III told Judge Charles Zambito today that the only reason he entered a guilty plea in the brutal and nearly fatal assault by a group of men against a lone victim on East Main Street in Batavia in July is that he thought it was the best way to minimize any potential prison term.

Zambito sentenced Hardy to 10 years in prison, the maximum sentence under terms of the plea deal.

"I took this plea to get home quickly to my family," Hardy said. "I'm sorry for what happened to the victim but I didn't do it. I'm innocent."

Zambito said there was a witness who identified Hardy, who didn't deny being at the scene, as one of the attackers. 

He then explained that even being an accomplice, if not an actual attacker, exposes Hardy to the same criminal liability as if he was sufficiently involved.

"I have to recognize the magnitude of your involvement in a brutal assault that almost killed a man," Zambito said.

District Attorney Lawrance Friedman offered a brief description of the scene first responders found when they arrived. The victim was bloody from multiple stab wounds, including one that severed and exposed his bicep. He noted that one of the responding police officers -- Arick Perkins -- received community recognition for his quick action in applying a tourniquet that saved the victim's life

"If not for his actions, this, of course, would be a murder case," Friedman said.

Because there were multiple people involved in the assault, Hardy was charged with, and admitted to, a gang assault felony.

Defense Attorney Marty Anderson said that Hardy is a good father to three children, ages 2, 3, and 4. He has been a good father, he said, even though he is the paternal father to only two of the three being raised by their mother.

He also noted that while Hardy had a prior gang assault charge, that was 15 years ago and the charge was reduced to a misdemeanor. The other blemish on Hardy's criminal record is one that was granted youthful offender status.

Even though police believe multiple people joined Hardy in the attack on the victim, there has only been enough evidence so far to charge Hardy and Anthony Spencer, 26. Spencer's case is still pending and he appears ready to take his case to trial.

There were at least four people in the courtroom in support of Hardy, who was not in custody prior to his sentencing. As he was led away by deputies, Hardy, a big but soft-spoken man, waved to them and said, "I will be all right."

Bank robber gets 3-6 years in prison on top of term he's already serving

By Howard B. Owens
       Steven Vega

A 25-year-old Rochester man was sentenced in Genesee County Court today to three to six years in state prison for robbing the Bank of America branch in Batavia in July.

That was the max sentence available to Judge Charles Zambito under a plea agreement for Steven R. Vega. Without the plea agreement, Vega could have been sentenced to three-and-a-half to seven years.

The 25-year-old Vega was a bit tongue-tied when given a chance to speak before he was sentenced, admitting he had made a lot of mistakes in his young life.

"I recognize my mistakes," Vega said. "I accept what happens in my life is what happens. I don't know what else to say. I accept full responsibility."

Vega entered a guilty plea in County Court to robbery in the third degree on Dec. 13.

Vega is already serving a two- to four-year term on another charge and is facing additional prison time for charges in Monroe County.

"He is still a very young man at 25 years old," said his public defender, Lisa Kroemer. "It is obvious he has not gotten off to a particularly good start in life. Drugs seem to be fueling his deviance."

She suggested a shorter sentence given his young age and the prison term he is already serving, and likely to serve on the Monroe County charges, to give him a better chance at turning his life around.

District Attorney Lawrence Friedman argued that given the record he's already amassed and the seriousness of the crime, Vega was already given a substantial break with his plea deal. Zambito said he agreed with that assessment.

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