batavia

A Level 3 sex offender accused of sexually abusing a child under 11, less than four months after being released from prison, turned down a plea offer today that would have given him the minimum sentence available under statute.

Ronald Smith, 18, last of 679 E. Main St., Batavia, turned down both plea offers.

Smith is charged with three counts of sexual abuse and failure to register a change of address.

The two sets of charges have been separated and today was the plea cutoff for the failure to register charge.

By turning down the plea offer, Smith will go to trial on the failure to register charge on June 20.

The offer was for one-and-a-half to two years in state prison on the failure to register charge and five years minimum on the sex abuse charges with the sentences served concurrently.

After Smith's attorney, Public Defender Gary Horton, told District Attorney Lawrence Friedman that Smith wouldn't accept the offer, Friedman offered one-and-half to three years on the failure to register charge.

Today, Smith turned down that offer with an admonishment from Judge Robert Noonan that once he walked out of the court there would be no second chance to accept the offer. His case would proceed to trial.

No court date has been set yet for the sexual abuse charges.

• Level 3 sex offender accused of sexual contact with a child in the city
• Level 3 sex offender out of prison less than four months before new allegation
• Grand Jury Report: Level 3 sex offender indicted on new charges
• Level 3 offender pleads not guilty to new abuse charges

Up until January, Genesee County's Job Development Bureau was the lead agency on a lease for office space at the corner of East Main and Clinton streets, but with funding for the bureau getting less certain, director Scott Gage asked the NYS Department of Labor to take over the lease.

A new lease was negotiated, but still hasn't been approved by the state, so the landlord hasn't been paid since February, according to Gage.

"It's not a good situation," Gage told the Ways & Means Committee today.

It's unclear when or how the situation will be resolved.

A special use permit and site plan were approved for a proposed Holiday Inn Express on Tuesday night by the Town of Batavia Planning Board and a spokesman for the hotel owner said the only step remaining is to secure a building permit.

However, an attorney for a group of hotel owners who oppose the project say the fight isn't over.

Attorney Thomas Warth said the conditional use permit may not be valid because for approval, a project on this particular piece of property must be compatible with an industrial park, not overly increase traffic on local roads and not be on a road ill-suited to retail operations.

“It fails on all those counts," Warth said.

But with the approval in hand, Buffalo attorney Corey Auerbach said his client is ready to apply for a building permit and start construction in June.

There had also been objections raised about the lack of a left-turn lane on Route 98, but Kenmore-based architect Mark Tiedemann said the turn lane is not required.

"We have a credible expert who says it’s not a requirement and doesn’t need to be mitigated at this time," Tiedemann said. "There was a traffic report done in 2007 that said no turn lane was required and there's been nothing added (to the complex) since then."

Warth said the site plan is also open to challenge because it shouldn't have been approved without a variance for parking.

"I think this planning board approval is invalid until they address the parking issue," Warth said.

As for next steps, Warth said he would rather not take the matter to court, but instead try to talk the matter through to a suitable resolution.

"Right now their approval is very vulnerable if it were to go to a court action, but I’d rather save the time and money and address it by having them do the right thing at the board level," Warth said.

The Holiday Inn Expres, being developed by Michael Patel, would add 80 rooms to the current hotel stock and the other owners say they already have too many vacancies.

Tiedemann said he's been involved with previous hotel projects in the area and each time one comes up, the occupancy rate is about the same as it is now, and after each new hotel is built, it doesn't go down. He also noted that in the past two years, two hotels have changed hands.

"I know all of the Patels and they don't invest in things that lose money," he said.

The Children's Charity of Buffalo & Western New York in cooperation with FreedomConcepts donated an adaptive bike to Genesee ARC on Tuesday that will allow Genesee ARC members with special needs to ride a bike, many for the first time.

The bike is valued at $3,700.

Pictured are Riley, 14, Ken Scibetta, Donna Saskowski, Todd Owlet, Nicole, 14, and on the bike, Wesley, 15.

Lisa Barrett, of Batavia, is very grateful to everyone who voted for her song in the international contest, "Best Original Song." Thanks to her voters, she has made it to round four and is now a top 12 finalist.

Voting for this round starts at 8 p.m. on May 23 and runs through May 30. To vote, follow these simple steps:

1. Go to www.bestoriginalsong.com

2. Click on either of the two bars on the homepage that read "Click Here to Listen."

3. Select Show #1 -- May 23rd Show Date

4. Vote for and/or download "When You Look at Me."

This information was submitted by Barrett. If she makes it to the next round, she will be one of six finalists and have only two more rounds to go before she wins the competition.

See the April 29 article, "Batavia singer/songwriter has high hopes for very personal song," for previous coverage.

Nearly 250 people braved a little wet weather this morning to show up at Dwyer Stadium to kick off the Day of Caring, sponsored by United Way.

The event sends people out into the community to perform a variety of volunteer tasks for nonprofit organizations, such as painting, cleaning, gardening and minor construction projects.

The organizers this year are (in no particular order): Jamie Rada, Chris Fix, Jane Scott, Susie Boyce, Debbie Fischer, Theresa DeMars, Lori Stupp, Shelley Fallitico (not pictured), Dave Cecere, Katie Betters, Scott Neff, Sue Boss, Carol Boshart, Jay Gsell, Erik Fix, Susan Schuler and Donna Saskowski.

A car has reportedly struck at pole in the area of 128 Vine St., Batavia.

If there are injuries, they are apparently minor.

No wires are reported down.

City fire and Mercy EMS asked to respond non-emergency. City police are on scene.

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A Batavia man is accused of entering the home of a friend on Washington Avenue and trying to steal booze, and when confronted, the man allegedly returned to the house with a shotgun.

Taken into custody early Sunday morning was Andrew J. Rock, 24, of 206 State St. Batavia.

Rock is charged with burglary, 2nd, criminal possession of a weapon, criminal criminal use of a firearm, 2nd, and menacing, 2nd.

According to Batavia police, Rock entered the home on Washington Avenue, took alcohol and then was confronted by the resident outside. The resident retrieved his property.

A short time later, a little before 1 a.m., Rock allegedly returned to the residence and knocked on the door and when the resident opened the door, Rock was standing on the porch holding a shotgun.

Rock fled the scene before police arrived and was arrested at his house soon afterward.

He was jailed without bail.

Reader Doug Veltz submitted pictures of this morning's one-car accident on Union Street. At this point, we have no further information on the accident (initial report).

Eric J. Bratcher, 22, of North Street, Le Roy, is charged with disorderly conduct. Bratcher is accused of shouting numerous profanities while outside a residence. At the time, there were many other individuals, according to Le Roy police, who were capable of overhearing the vulgar language Bratcher was allegedly using.

Ryan Thomas Covell, 20, of Polish Place, Buffalo, is charged with unlawful possession of marijuana. Covell was allegedly found in possession of a partially smoked marijuana blunt during a traffic stop on Route 63 in Pavilion at 11:35 p.m., Friday, by Deputy Chad Minuto.

Kenyon Hanks Barnes, 26, of Clinton Street, Batavia, and Lisa Marie Horn, 21, of Clinton Street, Batavia, are charged with endangering the welfare of a child and unlawfully dealing with a child. Barnes and Horn are accused of providing alcohol to a 17-year-old girl while at their residence, 5100 Clinton St., Lot #4.

Stephany Marie Demorcy, 21, of East 161 St., Bronx, is charged with petit larceny. Demorcy is accused of shoplifting at Walmart.

Mazariegos Rene Roblero, 26, of McGregor Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, failure to dim headlights, unlicensed driver and unsafe tire. Roblero was stopped at 2:20 a.m., Saturday, on Main Street, Village of Oakfield, by Deputy Patrick Reeves.

Timothy Wood, 22, of North Spruce Street, Batavia, is charged with harassment, 2nd. Wood is accused of threatening to harm a woman.

Woodrow C. Horseman, 35, no permanent address, is charged with petit larceny. Horseman is accused of shoplifting from the Wilson Farms on East Main Street, Batavia. He was jailed on $2,500 bail.

A vehicle that came off the Thruway apparently spilled diesel fuel on Park Road from Route 98 to Veterans Memorial Drive.

A caller reported that the spill made the road slick, "like ice."

A trooper checked the scene and confirmed the spill and the slickness.

DPW is being dispatched to deal with the situation.

UPDATE 11:45 a.m.: It sounds like a trooper has tracked down the vehicle causing the spill.

UPDATE 11:46 a.m.: Apparently, the truck was heading onto the Thruway. The vehicle has been located about six miles down the Thruway. It has a broken fuel line. The trooper on scene reports the Thruway entrance was also slick.

A car has reportedly struck a utility pole in the area of 8 Union St., Batavia.

No injuries are reported.

The pole is down. Unknown hazards.

City fire dispatched.

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A power pole is reportedly sparking in the area of 266 Bank St., Batavia.

City fire responding.

UPDATE 8:21 p.m.: National Grid being notified. Pole #40 is arcing intermittently.

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Every once in a while somebody asks me if I know when Verizon is going to install FiOS in Batavia.

FiOS is supposedly the fastest broadband internet service available.

When speaking with John Bonomo, a spokesman for Verizon out of New York City, about manhole covers, I asked him, "what about FiOS?"

He said it would be at least five years before FiOS is installed in Batavia.

Right now, Verizon has its hands full, he said, upgrading networks in cities where Verizon has the cable franchise.

"We have to get the work done where we have agreements," Bonomo said. "We've got to complete these upgrades first."

Batavia's cable franchisee is Time-Warner.

A former captain in the Batavia Fire Department who has worked the past four years as fire chief in Auburn is retiring and returning to Batavia.

Mike Hammon is returning to run Godfrey's Pond, according to the Post-Standard in Syracuse.

A one-time Auburn firefighter before moving to Batavia to become an officer, the 55-year-old Hammon told the newspaper: “This is the end of my fire career. I’m getting out of the politics (of the chief’s job) and this is good for me.’’ 

When Hammon was named chief in Auburn four years ago, it was a controversial appointment, according to the Post-Standard. He was the first chief in the 113-year history of the department not promoted from within.

The article includes praise from officials in Auburn for Hammon's work.

More than a dozen singers turned up on a rainy Saturday afternoon to audition for a chance to sing the National Anthem at the Muckdogs' July 4th game.

Despite a cloudburst -- the contest had to be moved into the grandstands, and then after wireless mic problems, into the media booth -- the singers wanted to show off their chops and perform the "Star Spangled Banner" a cappella.

Above, Hailey Natalizia and below Ayisha Callahan -- both girls did a real good job with a tough song.

The name of the winner has not been released yet.

There was a big turn out at Ferrellgas on Ellicott Street in Batavia this morning for the fuel company's second annual "Refill-A-Thon."

Customers were invited to bring their 20-pound gas grill bottles for a free refill with a $5 donation to Genesee County Cancer Assistance.

No word yet on how much was raised this morning, but last year's event raised $2,000 for the American Red Cross.

Ferrellgas expected to donate 1,600 gallons of gas and employees volunteered their time to help with the event.

This information comes from Genesee Community College.

The Genesee Community College Board of Trustees voted this week to hold tuition at its present $1,700-per-semester level for the 2011-2012 academic year. Tuition and fees will remain flat for the fourth year in a row – a record trustees believe is unmatched in recent years by any public or private college in New York State.

Maintaining tuition at the current level has been a high priority.

"A big part of our mission is to make higher education accessible to all students, and in these economically challenging times, accessibility means affordability," said Board Chair Charles R. Ruffino.

Ruffino and other trustees noted that many colleges have sharply increased both tuition and fees in recent years, and that fees are not covered under New York State's Tuition Assistance Program (TAP).

"We wanted to be sure that students and families who face deep financial need or hardship not only have access to Genesee Community College, but can obtain the maximum possible financial aid for their education," Ruffino said.

Tuition for part-time students, which is based on enrolled credit hours, will remain $140 per credit hour. Tuition for students who do not live in New York State will also be unchanged.

The $35.85 million budget also holds Genesee County's contribution to $1.93 million, or 5.4 percent of the total budget, for the third year in a row. Genesee County is the sponsor of the college.

The budget must now be considered by the Genesee County Legislature. Trustees anticipate that the legislature's Ways and Means Committee will review the budget May 25 and vote on it June 8.

The proposed budget is "careful and cautious," said President Stuart Steiner.

It provides funding for the college's newest degree programs, as well as resources to cover inflationary increases in areas such as increased health premiums, retirement rates, and contractual obligations, which largely account for the 4.1-percent increase over the current $34.45 million budget.

Seven new full-time positions are included in the plan. They include new faculty positions in Veterinary Technology and Polysomnographic Technology, as well as a temporary full-time faculty position in the Teacher Education Transfer program.

Also included: a technical specialist who will assist in the management of the art gallery and teach courses in the arts; two buildings and grounds staff members; and a technical specialist who will coordinate assessment activities to meet the growing accountability requirements of federal and state agencies, the Middle States Commission on Higher Education, and grantors.

Even so, the most pleasing part of the budget, according to Steiner, is the flat tuition and fee rates.

Despite a 21-percent reduction in state aid over the last two and a half years, trustees were able to hold the line on tuition because of strong enrollment. Over the last several decades, Genesee has attracted a growing number of students from the Genesee-Livingston-Orleans-Wyoming area, as well as a great number of students from outside the area and even from abroad.

"Students are attracted to the great variety of programs we offer, as well as our very personalized approach to education," Steiner said. "So while cutbacks in state aid have posed significant challenges for us, our reputation has brought us many new students and helped us maintain a healthy enrollment and healthy financial situation. We are pleased that we can share our success over the past few years with our students and with the county."

Steiner also noted that the college has kept up high standards of preventive maintenance on its facilities.

"By repairing and refurbishing equipment and facilities on a regular basis, we save money over the long term," he said.

The president also said he was pleased that new and replacement equipment deemed to be high priority by the board vice presidents was included in the budget.

State troopers are converging on the Pawn King shop at 4140 Veterans Memorial Drive in Batavia following a report of a customer threatening the cashier. Allegedly, the cashier displayed a weapon to the person to abate the threat.