batavia

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."

Michael J. Hilton is lucky to be alive, one of his crime victims told him in Genesee County Court this morning.

Hilton admitted to second-degree burglary on March 14 and was in court today for sentencing. He received the maximum available under his plea deal: 10 years in state prison.

The 20-year-old Batavia and Le Roy resident broke into a home on Swan Street with accomplice Kurt Hawkins in September and the owner awoke to find Hilton in his room standing next to his gun cabinet.

"He didn't realize how close he came to dying that night," the local resident told Judge Robert C. Noonan. "I had a shotgun shell in my hand. I realized I couldn't get to my gun. I thought I would choke him, but I couldn't catch him. I'm glad I didn't because I would have had to live with that."

The resident said his daughter still has trouble sleeping at night because of the trauma of the break-in.

When Hilton was asked if he had anything to say, he turned and faced the victim and said, "I'm sorry."

As Hilton spoke, he began to tear up, and was sobbing as he addressed the victim's family.

"I sincerely apologize for what I put you and your family through," Hilton said. "I'm honestly sorry. I should have known better than to make the choice I made. I'm sorry.

"I'd also like to say to my family, I'm sorry," Hilton added. "I'm sorry for all the things I put you through. I know you don't need to be here now wasting your time for me because I'm nothing. I thank you for supporting me, for being here even though I don't deserve it."

Typically, defendants who apologize in court become indignant after receiving a harsh sentence from Noonan, but not Hilton. He continued to hang his head and wipe away tears.

After the hearing, the victim said he believed Hilton was sincere.

"I felt he was very remorseful," the resident said. "I almost felt bad for him just for a split second. That went away fast.

"I wish my wife had been here to see how he felt," the resident added. "She's just getting to where she can sleep at night. She didn't want to see him because when he ran out of the bedroom, he was this close to her, like you and I are right now. I wish she could have been here to see for herself."

Noonan agreed with the victim that HIlton is lucky to be alive.

"(The victim) said you came close to being killed and you know what, the law would protect (him) for doing that," Noonan said. "There's been lots of publicity about this case in Florida, but that is not your case. This is not a stand-your-ground case, because New York has allowed people to protect themselves in their own home forever. It has always been the right of a victim to kill an intruder."

Both Jerry Ader, Hilton's attorney, and Noonan noted that Hilton had a rough childhood.

"I don't know if you know this or not, but before I sentence anyone for any crime, including serious crimes like the one you're convicted of, I receive lots and lots of information about the person's background and history," Noonan said.

"It starts at birth and includes school records and medical records. Your story is a very sad story. You've had some horrible things happen in your life and I don't want you to think it's gone unnoticed."

But, Noonan said, considering the crimes Hilton committed, if not for that background, Noonan never would have allowed the plea deal Hitlon received. He would have required Hilton to face a jury and if convicted of the three possible burglary charges he could have been tried on, faced a much longer prison term than 10 years.

Before he left the courtroom, Hilton looked at his family members one more time and then hung his head and walked toward the door and out of the courtroom.

Years ago, O'Lacy's co-owner Kent Ewell was concerned about his customers getting tickets for parking overnight in the lot across from his pub on School Street.

Ewell marched down to city hall and complained and, he said, and the tickets stopped.

Now, they're starting again and he's none too happy about it.

"I don't think it's the right way to look at the situation," Ewell said. "Somebody has made a good decision not to drive and they get a ticket."

Bar owners downtown say it's not unusual for customers to have an unexpected drink, have one more than they planned, run into an old buddy leading to a later night, or have some other circumstance change, and find themselves walking home, taking a cab or getting a ride from a friend.

Derek Geib, co-owner of Bourbon & Burger Co. on Jackson Street, said he's worried that human nature being what it is, some people will make an incorrect calculation and risk a possible DWI charge, costing hundreds if not thousands of dollars, when confronted with the certainty of a $25 ticket.

"It encourages drinking and driving," Geib said. "They're going to do it every time because that's the way people think."

One of Geib's employees and one of his customers have received tickets so far.

City Manager Jason Molino stands by the city's decision to enforce downtown parking regulations. He said it's necessary to ensure transient trucks, RVs, abandoned vehicles and such don't clutter the parking lot, and during the winter, maintain control of what vehicles are in the lots.

He said so far there's been good compliance, with apartment tenants buying the necessary permits and fewer cars without permits being left overnight.

As for bar patrons, Molino said there is an appeal process and any patron receiving a ticket is welcome to submit the ticket to the city for review.

"Discretion will be exercised if needed," Molino said. "But I would suggest that somebody make better arrangements (when going to bars).

Ken Mistler, owner of the former South Beach and soon-to-be City Slickers said that's not good enough.

"I'm concerned because if a customer finds a ticket he's not going to say anything, he's just going to be discouraged from coming back," Mistler said.

According to Mistler, he's been told by the city that only cars that are seen in the lots on a regular basis but don't have permits will receive tickets, but even then, he said, that is still a potential problem with customers.

"I hope I have lots of repeat business," Mistler said.

Local resident John Condello has started a petition that will be presented to the city council at its June 14 meeting, he said. The petition is available at any downtown restaurant, he said.

A lot has changed in downtown since the current downtown parking regulations were written into law and city officials should reexamine the rules, Ewell said.

"They were written before there was an O'Lacy's, before there was a South Beach, before there was a Larry's," Ewell said. "There was only the Candlelight."

The price of the $25 ticket is about six gallons of gas at today's prices, Ewell said, which is just about the amount somebody might spend to get from Brockport to Batavia, or just enough to discourage a trip from out of the county to enjoy a night on the town in Batavia.

The bar owners we spoke with all believe the new enforcement effort is just an attempt by the city to generate more revenue.

"You can tell it is because there was no plan, no questions (of local businesses), they just started ticketing," Ewell said. "That just leads me to believe they said, 'let's just get the money.' "

Driving down Main Street late this afternoon, I spotted Ken Mistler, left, and Louis Kingsbury and a third person hauling a large painting down the sidewalk. I drove around the block and caught them pulling the painting through the Jackson Street parking lot.

Mistler is installing the painting -- this is one of at least three -- in his new restaurant, City Slickers, the former South Beach.

The consolidation task force has put in a lot of work and done a great job so far, but its work is far from over, said Town of Batavia Supervisor Greg Post.

Post was reacting to earlier reports that the consolidation effort has been delayed because the town has yet to pass a resolution asking the State Legislature to pass home rule legislation.

"It's a little premature," Post said, "but I don't want anybody to think they did anything wrong."

Post said the proposed city charter presented by the task for should be treated as a draft, adding that it needs to be reviewed, refined, reviewed, refined and reviewed and refined again before it's ready to be considered a final proposed charter.

"There's still work to be done," Post said. "They need to attend to the schedule. What it takes to do it right is what it takes."

Post explained that by the time the task force was formed, the effort was already behind schedule for the agreement approved by both the city council and the town board.

"This is an effort that was projected to take 12 to 18 months and it's barely been eight months," Post said.

Post stressed repeatedly during the conversation that he thinks the task force is full of talented people who worked hard to get the draft charter to this stage -- he doesn't want anybody to think they've failed in that effort, but the job isn't done it.

"It takes a lot of work to get something like this done," Post said.

The town supervisor said he continues to support consideration of consolidation, but no decision can be made on whether to support consolidation until the charter can be fully vetted, including ample public feedback.

Until that's done, he said, the State Legislature should not be asked to pass legislation to make a vote on consolidation possible.

Consolidation of the town and city hit a bump in the road this week when the Town of Batavia failed to enact a home rule resolution that would allow the state legislature to clear the path for a local referendum.

Chad Zambito, chairman of the consolidation task force, announced today that all planned public meetings on the topic are being postponed and it's unlikely that voters will be given a chance to vote on the proposal in November, as originally planned.

"We wanted to get a final document to come before the people and that's not going to happen in the time originally envisioned," Zambito said.

While the Batavia City Council passed the necessary home rule legislation a week ago, the town board failed to pass the same resolution, which is needed to get a bill through the State Legislature thereby allowing the consolidation process to go forward.

Town Supervisor Greg Post, who in the past has advocated strongly for consolidation, could not be reached for comment.

Zambito said that two informational meetings originally set for May 17 and May 24, as well as a set of four public hearings starting May 31, have been postponed indefinitely.

Getting an initiative on the November ballot was an aggressive goal, Zambito said, and now with the delay in the home rule legislation, it would be hard to meet the necessary timeline.

He said the task force will work on tweaking the charter document and re-present it to the public bodies for consideration.

Detectives are looking for a 5' 9",  young white male with a teardrop tattoo by his right eye who is suspected of slashing the cheek of another young man Saturday evening in a parking lot off of Center Street.

There is no known motive for the attack, Det. Todd Crossett said.

Crossett says it appears that the victim pulled into the parking lot behind the Masonic Temple building, got out of the car and started talking with another person. While they were talking, the suspect approached and attacked the victim.

Crossett said the victim told investigators that he didn't know his attacker.

There is no clear indication on what may have precipitated the attack, Crossett said.

Also, Crossett said, there was no connection between the attack and the location, which was originally called in to emergency dispatch as 15 Center St. -- the location of the City Church conference center. Neither the victim nor the attacker had been involved in anything going on at that location.

Photo: By Dan Fischer, WBTA

A 39-year-old Maple Street resident will need to make $11,341.18 in restitution following a plea deal on welfare fraud charges filed against her.

Kerry Ackley entered a guilty plea to day to a single felony count of attempted grand larceny, 3rd.

The plea also satisfied four counts of offering a false instrument for filing, 1st.

Ackley was arrested following an investigation that found she had failed to report worker's compensation benefits.

As part of the plea deal, Ackley will be disqualified from receiving food stamps and temporary assistance benefits.

She will be sentenced at 9:15 a.m., Aug. 2.

Lonnie A. Fairbanks, 45, of 6227 Skyview Lane, Mt. Morris, is charged with felony DWI and refusal to take a breath test. Fairbanks was arrested after Le Roy PD responded to a report of a rolling domestic Saturday on Lake Street. Fairbanks was jailed on $5,000 bail.

Robert G. Whitehead, 21, of 28 Clay Street, Le Roy, is charged unlawful dealing with a child, 1st. Whitehead is accused of hosting an underage drinking party.

Roger K. Williams, 55, of 19 Exchange St., in Le Roy, is charged with DWI, driving with a BAC of .08 or greater and unlawful possession of marijuana. Williams was arrested after Le Roy PD responded to a report of a domestic disturbance on Church Street in the early morning hours Sunday. Williams was jailed on $500 bail.

Raymond J. Radley, 46, of 10661 Cook Road, Pavilion, is charged with criminal contempt, 1st. Radley is accused of violating an order of protection by calling the protected person several times and driving past the person's place of work. Radley was jailed on $1,000 bail.

Zayis Rooper King, 19, of Oatka Trail Road, Le Roy, is charged with unlawful dealing with a child, 1st. King is accused of hosting an underage drinking party.

Shawn David Bowman, 40, of Oakta Circle Road, Le Roy, is charged with trespass. Bowman is accused of driving his vehicle on a nature trail behind Pembroke Town Park that is marked "pedestrian use only."

Tyanna Desiree Green, 17, of Lewis Place, Batavia, was arrested on a bench warrant related to a petit larceny charge. The petit larceny allegedly occurred in December. Green was jailed on $200 bail.

Joseph George Sumeriski, 20, of Blackhouse Road, Warsaw, is charged with unlawful possession of marijuana. Sumeriski was arrested at 6:15 a.m., Saturday, on Park Road, Batavia, by Deputy Dana Richardson.

Travis A. Weatherbee, 25, of 25 Swan St., Batavia, is charged with crminal use of drgu paraphernalia, 2nd. Weatherbee is accused of possessing a needle and a spoon. The spoon was allegedly used to liquify a prescribed medication.

Press release:

Officials at Western Regional Off-Track (WROTB), owner of Batavia Downs Casino, announced today record handle on the 2012 Kentucky Derby and at the casino.

Through its 32 branches and 18 EZ-Bet locations, WROTB handled $1,913,108 on the Run for the Roses, a 16-percent increase over 2011, which was a record year. In addition, WROTB paid out $1.6 million in winning wagers, its most ever.

“We are very pleased with the results of the derby,” said William White, vice president of administration said. “We look forward to serving our customers' needs for the Preakness.”

“We are thrilled with the turnout for the derby,” said Todd Haight, OTB’s handicapper and the GM of Batavia Downs Racetrack. “It seems that the people of Western New York did their handicapping homework, too, as we paid out more winners than ever before.

"At the downs, people enjoyed meeting and greeting our Ambassador Thurman Thomas inside Grandstands Bar and Grille.”

Batavia Downs Casino recorded its biggest week ever with record revenues. New York State Lottery and the state education fund benefited by receiving over $520,000 when more than $12 Million in credits played were wagered through 640 slot machines.

Western OTB expects the excitement to continue with the Preakness Stakes on May 19 when "I’ll Have Another" tries to etch his name in the record books in the second jewel of the Triple Crown. All OTB branches will open at 10 a.m. on Preakness Day.

Batavia Downs in owned and operated by Western Regional Off-Track Betting, a public benefit corporation. Municipalities that own Batavia Downs Casino include: the cities of Buffalo, Batavia and Rochester, and these counties: Cattaraugus, Cayuga, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Orleans, Oswego, Schuyler, Seneca, Steuben, Wayne and Wyoming.

The track is also home to Batavia Downs Casino, featuring more than 600 video slot machines. Batavia Downs Casino is located less than one mile from Thruway Exit 48 and is open daily from 8 to 4 a.m.

The Sheriff's Office is looking for help in locating Veshaun D. "Shortie" Thompson.

Thompson is wanted on a warrant related to a pair of petit larceny charges.

Anybody with information on the whereabouts of Thompson is asked to call the Sheriff's Office at 343-0911.

In an afternoon-long celebration, highlighted by the raising of flags of 20 nations, the Peace Garden in Batavia was dedicated today.

Batavia baseball fans may have been denied a chance to see Andy Pettitte pitch in Dwyer Stadium, but on Saturday, two other pitchers with major league experience graced the mound.

Nelson Figueroa, 38 years old, with nine seasons of MLB experience and a career record of 20-35 to go along with his 4.55 ERA, was the Empire Yankees starter.

Figueroa, whose nine seasons were spent with seven different teams, surrendered seven earned runs over 3 2/3 innings, which made the Red Sox fans at the game happy.

Boston's farm club from Pawtucket won the game 9-3 behind the pitching of Brandon Duckworth, a 34-year-old right-hander who has been out of the majors since 2008.

To Duckworth's credit, his 2012 record is now 4-0 to go with a 3.34 ERA.

Attendance for the game was 1,838.

The Michael Napoleone Memorial Foundation held its annual Kentucky Derby Party at Terry Hills on Saturday afternoon.

The party is a major fundraiser and supports research for curing childhood cancer and provides assistance to victms' families.

A big tradition with the Kentucky Derby is women wearing fancy hats, and that's also part of the tradition of the foundation's party.

Above, Christen Napoleone, Andrea Suttell and Ashley Napoleone.

Jennifer Houseknecht and Lori Reinhardt

Jody McCulley

Peggy Sacheli

Trish Pero and Peg Pietzykowski-Gorecki (Peg created both hats)

There is reportedly a fight among three or four people at 15 Center St., the City Church Youth Center. Law enforcement is responding as are medics. One person was stabbed.

UPDATE 8:16 p.m.: A male, age 22 or 23, is being taken to UMMC with a cut on his left cheek that is "longer than it is deep." Also, police call for firefighters to respond to wash away blood on the sidewalk. City Engine 12 is responding.

UPDATE 8:25 p.m.: Engine 12 has accomplished its mission and is back in service.

UPDATE 10:20 p.m. (by Howard): Officer Dan Coffey, tonight's shift commander, said at about 9:30 p.m. that officers were still conducting interviews and "sorting things out." No arrests, and there's no description of a suspect available.

From 1 to 3 p.m. on Saturday, May 19, the City of Batavia Historic Preservation Commission, in conjunction with the Landmark Society of Genesee County and The New York Landmarks Conservancy, will host free guided walking tours of some of Batavia's historic architecture.

May is National Preservation Month. The guided tour will bring guests to various locations that will highlight the historic significance of the “hidden gems” as well as explain the history behind some buildings that are now “lost treasures.”

The sites include GO ART!, the Masonic Temple, City Church, the Cary Mansion location, the First Presbyterian Church, the First Baptist Church, a couple of houses on East Main Street, St. James Episcopal Church, the Richmond Mansion location, the Richmond Memorial Library, and the Ross Street Historic District.

The First Presbyterian Church, locally designated as historic, and St. James church, are listed on the National Register of Historic Places. Their participation in the event is part of The New York Landmarks Conservancy’s Second Annual Sacred Sites Open House weekend.

The Cary Mansion location will be receiving an historic marker through the help and research of City Historian Larry Barnes, made possible by a grant from the Pomeroy Foundation of Syracuse.

Guests will also get to enjoy refreshments as well as a special organ performance by Charles Bradley. However, you MUST reserve your space for the FREE guided tour. Call Marcia Gann at 343-8218 to reserve your space.

To close off the event, The Landmark Society of Genesee County will host its 39th Annual Preservation Awards & Dinner that evening at 6 p.m. at St. James. The dinner will honor property owners for the thoughtful care and/or restoration work they have done.

The cost is $15/person. Anyone interested in attending the dinner must call Lucine Kauffman at 757-2455 or Laurie Oltramari at 343-1457 by Saturday, May 12th.

A tree in a field of dandelions on Wortendyke Road, Batavia.

The dedication of the peace garden in Batavia on Sunday will draw a quiet protest from some local residents, according to Mike Barrett, owner of Barrett's Batavia Marine.

The problem, Barrett said, is that the peace garden is a little too closely linked with the United Nations and Barrett and others are no fan of the U.N.

One of Barrett's current concerns is a U.N. push to create an international treaty on the trade of guns, and while supporters of the treaty say it merely deals with the illicit sale of guns, groups such as the NRA fear it's really an attempt to circumvent the 2nd Amendment (Wikipedia).

"(The peace garden is) a noble effort," Barrett said, "but when one of the principles of the peace garden gets an award from the United Nations and they're going to have a torch run via the U.N. from Buffalo to Albany, that concerns us. We don't want anything to do with the U.N."

Barrett is referring to Paula Savage, a Batavia native who organized the first peace garden in Ottawa and is now part of the International Peace Garden Foundation.

Savage was recently honored by the U.N. for her peace garden efforts.

The Batavia garden is adjacent to the Holland Land Office Museum on West Main Street and the protest is scheduled to start at 2 p.m. on the opposite side of the street.

"It will be peaceful. There will be no bullhorns," Barrett said. "We're going to have an informational protest to show that the the peace garden is associated with the United Nations and that we're dead set against what the U.N. does."