Wanna be a big loser? The Batavia Lions Club wants YOU to take its 2017 Weight Loss Challenge, either by yourself or as a two-person team. Weigh-in day is Saturday, April 15 (all day) at Next Level Fitness Center, located at 85 Main St. in Downtown Batavia.

This is the second annual 75-day challenge (through July 1) for adults only (minimum age 18) with cash prizes awarded for the most weight lost: First Prize -- $1,000; Second Prize -- $500; and Third Prize -- $250.

Also, the largest fund-raising individual or two-person team gets an additional prize (a $1,000 value) -- An overnight stay and dinner package with spending money for two people at Salvatore's Grand Hotel and Russell's Steaks Chops & More in Buffalo.

Your hard work will help the community, according to organizers. Here's how:

• Each registrant must secure weight-loss sponsorship fees from friends, family or the workplace -- totaling a minimum of $2.50 per pound of weight loss;
• This sponsor list must be completed and submitted with your registration form;
• All dollars raised through your weight-loss efforts will go to the Batavia Lions Club to be used throughout the community on programs supported  by the Batavia Lions Club.

The registration fee is $40 per person (checks payable to Batavia Lions Club) and must be paid at weigh-in. To register and/or to get further details, call 455-7514, email ascaliajr@rochester.rr.com, or visit online here.

In addition to a T-shirt, participants get weekly support for their weight-loss efforts and can avail themselves to meal plans, fitness programs, planned group events, health and wellness programs, sponsor specials and more.

Helping People in Need -- DePaul Batavia Square Apartments
DePaul, a not-for-profit organization established in 1958, is seeking to rezone two East Main Street properties in order to allow construction of 80 units of housing for income-eligible tenants.

The affordable apartments would be fully handicap accessible, provide workforce housing and would serve vulnerable populations including veterans, elderly individuals and persons with special needs who would be linked with supportive services. A spring 2018 construction date is targeted.

DePaul committed last fall to build new facilities in Genesee, Livingston, Orleans and Wyoming counties as part of a $2.6 billion statewide plan to develop supportive housing units for vulnerable populations such as the working poor, seniors and veterans. 

Working with SWBR Architects, DePaul has plans for six buildings — two multistory apartment buildings and four sets of town homes placed in half-circles around a central green space. The newest developments in solar technology would be utilized and vegetated “green roofs” would be located over both the two- and three-story, 24-unit buildings with shared laundry facilities in each town home. According to DePaul President Mark Fuller, DePaul is staying on trend with varied design and less density, providing mixed-use, diverse options to populations in need. 

Having access to affordable, quality housing in a neighborhood that is connected to jobs and other amenities makes life better for people. Research demonstrates there is a positive relationship between stable, affordable housing and improved health, increased academic performance and greater economic self-sufficiency. 

Construction of new affordable housing creates a host of jobs, while vacant or underutilized parcels are transformed, increasing the value of the property and neighboring areas. Communities truly benefit from the revitalization of neighborhoods and promotion of economic and social integration. DePaul is committed to investing in Batavia and the many people in need who benefit from quality housing. For more information; please visit us online at: www.depaul.org

When you step into the new Batavia Bootery, the experience will be top rate and you will find only quality shoes in stock, say proprietors David Howe and Don Brown.

The new shoe store at 210 E. Main St. is a joint venture between Charles Men's Shop (the establishment of Howe and Brown) and local shoe factory P.W. Minor.

The store's grand opening is this evening from 6:30 to 8.

"Quite frankly, P.W. Minor was looking to have a strong presence in their own community," Howe said. "I think Mr. Zeliff (Pete Zeliff, owner of P.W. Minor) has really made a strong commitment to the community and he wanted to make a commitment to Downtown. As proprietors of Charles Men's Shop, Don and I like anything that is going to help Downtown businesses."

Howe expects the new shoe store to draw on and expand the customer base of the 70-year-old clothing store, which Howe said has a strong local following, but also draws customers from Buffalo and Rochester.

But with limited space, Charles Men's Shop wasn't able to sell shoes to its customers.

"I think a good shoe store has been sorely lacking in Downtown," Howe said. "When Pete approaches us, I said I can't tell you the number of times people have come in to buy a new suit, whether they have a new job, are going to a job interview, a funeral or a wedding, and when we've finished packing the new jacket, shirt and tie, they say, 'I need a pair of shoes.' " 

Now those customers will be taken to Batavia Bootery, Howe said. There, both men and women will find a complete line of high quality, long-lasting, comfortable shoes sold by a knowledgeable, friendly staff. While featuring shoes from P.W. Minor, other companies shoes will also be available, to offer a price range from moderate to higher end, but all shoes from other lines are selected for their quality, comfort and foot health benefits.

"Our customer service is second to none," Brown said. "We're professionals. We got to all the big shows. You're not getting that kind of service in a mall or a big box store. The knowledge, you can't get that from a bunch of stars left by Millennials online."

Batavia Bootery will be the flagship store for p.w. minor, carrying every shoe the 150-year-old local manufacturer carries, including the new Abrams Boots line and the Batavia Boot and Shoe collection, both high-quality brands for the stylish dresser.

The store will also carry the same quality, orthopedic shoes that has made P.W. Minor famous, but in styles that have been upgraded to more attractive and fashionable designs since Zeliff took over the company and saved it from near closure.

Since Zeliff has taken over, he's moved production back to the United States from China and continues to hire more workers and ramp up production as the sales staff finds new customers across the country.

The craftsmanship of P.W. Minor shoes is really impressive, Howe said. They are made to last a lifetime.

"This is a wonderful example going forward of what can be done in America by American workers," Howe said. "I think that’s really cool. Although we’re just a tiny part of what P.W. Minor is doing. We’re really proud to be associated with them and what they’re doing to bring back American workers and American products."

With the passage of the new state budget, there is some relief for local charities looking to conduct raffles, according to Assemblyman Steve Hawley, but not all the reforms in the state gaming law that he would like to see.

Last year, many local charities, most particularly, volunteer fire departments, discovered their traditional fund-raising raffles were potentially in violation of state gaming laws, so most of the raffles were shut down.

Hawley introduced legislation aimed at making these charity raffles legal, but Gov. Andrew Cuomo vetoed the bill after it was passed by the Assembly and Senate.

This year, Cuomo included some reforms in his budget request and with passage of the budget, those reforms also passed.

The changes will allow charities to accept raffle payments by cash or check and to advertise the raffles on the Internet.

Charities will still be prohibited, however, from selling raffle tickets online.

"Those are the big changes and they will be somewhat helpful, but not (in) the place where I’d like to see it," Hawley said.

He is introducing legislation this session to try and get online ticket sales and credit card sales legal for charity raffles.

Interview with Assemblyman Steve Hawley conducted by our news partner, WBTA.

A large crew from National Grid is on Center Street today replacing a utility pole that has been leaning significantly since the windstorm last month. During the storm, power was out in the area and authorities closed Center Street and School Street.

The Town of Oakfield is 175 years old, and to celebrate yesterday evening, town officials dressed up in 1840s-era clothes for a special town board meeting.

The Town split off from Elba and became its own town on April 11, 1842 and by coincidence, the town board had a regularly scheduled meeting for April 11, 2017.

Resident Jay Wolcott, a sixth-generation Wolcott, an original founding family (bottom photo), shared some local history and Supervisor Carol Glor called the meeting to order with a recitation of the history of the formation of the first local governing body.

Highway Superintendent Alan Dennis talked a bit about why officials decided to hold this celebration.

"As a town board, we feel history and local history are important," he said.

Assemblyman Steve Hawley, below, presented the town with an official Assembly proclamation commemorating the anniversary.

Photo: Code Enforcement Officer Mark Mikolajczyk, left, Highway Superintendent Alan Dennis, Councilman Tim Kabel, Town Clerk Melissa Haacke, Supervisor Carol Glor, Councilman Jim Veazey, Councilman Kim Wolcott and Councilman Matt Martin.

An injury is reported in an accident involving a car hitting a tree in the area of 9662 Bethany Center Road, Bethany.

Bethany fire and Mercy EMS responding.

Press release:

The north end of River Street in the City of Batavia, Genesee County, will be temporarily closed between the West Main Street intersection and the Five Star Bank northerly driveway for one day to repair pavement from the winter utility work.

Work is planned to begin in the morning and complete by the end of the day. The work will be done either Tuesday 4/18 or Wednesday 4/19 or Thursday 4/20 depending on weather conditions.

A traffic detour will be posted on West Main Street, South Main Street, and Route 98. Access to Five Star Bank and the immediate residents within the work zone will be provided over the Tonawanda Creek bridge and other Five Star driveways.

Please call the contractor at (315) 521-1212 or 9-1-1 for an immediate emergency. For all other information, you may call (585)451-6538 during normal business hours.

Because she's an older woman in frail health, 61-year-old Dawn Piasta isn't going to jail, Judge Charles Zambito told the admitted drug dealer before sentencing her today to five years probation.

One tiny slip-up while on probation, Zambito told Piasta, and she's going to state prison.

"I want to impress on you that there is going to be no leeway for you," Zambito said.

Piasta said she understood, but she's already violated the terms, by her own admission, of her pre-sentencing release from jail once.  She told a probation officer preparing her pre-sentence report that she smoked marijuana in mid-March.

Normally, Zambito said, that alone, as a violation of her plea bargain, would at a minimum have meant a jail term. But since the Genesee County Jail isn't set up to house female inmates and it would be hard to place her in a neighboring county jail given her health conditions and age, his options were limited.

Piasta has admitted to criminal possession of a controlled substance, in the fifth degree, and criminal possession of a controlled substance, in the seventh degree.

She was arrested in November, accused of selling crack cocaine to an agent of the Local Drug Task Force.

Her defense attorney, Michael Locicero, lobbied for a probation-only sentence because of Piasta's age, health and the circumstances of the charges, which he attributed, at least in part, to intimidation by other people.

"She realizes the gravity and nature of what she got herself into and she's not asking to be absolved of her responsibility," Locicero said. "I ask the court to take these factors into consideration and give her a probation-only sentence."

That wasn't Zambito's plan, he said, before conferring with jail officials on the limitations of housing her for a few months. Given the issues in the community with drug abuse, he said, he thought some jail time would be more appropriate.

"I agree with the D.A.," Zambito said. "You violated the terms of your plea offer and the sentence for your felony conviction could be two-and-a-half years in state prison. I'm not going to do that. My inclination was shock probation (a term in jail followed by probation) even before the violation. I understand the possibility of intimidation, but you are the one who chose to open your home to drug users and drug dealers and start using drugs yourself."

Batavia City Council members on Monday night decided to make the city a bit more "vibrant" this summer by passing a resolution to allocate $4,000 to the Picnic in the Park event at Centennial Park on the Fourth of July weekend.

The funds will be transferred from the committed fund balance -- money from the now-defunct Vibrant Batavia initiative -- to the general fund. As of March 31, the committed fund balance was $52,611.

Council's vote was 8-1 with Rose Mary Christian dissenting.

"I stated before that this would get a precedent started -- and I think that is what is going to happen," she said.

City officials and event organizers have said that the Picnic in the Park was in danger of not continuing beyond this year due to budget constraints.

With the contribution, the city will be named as a sponsor of the 2017 event, which reportedly will include a Beatles tribute band.

Whether Sean Vickers, the convicted child molester, will get a new trial on charges related to several allegations he already faced in Genesee County, is still up in the air while the District Attorney's Office seeks to appeal a court ruling that threw out Vickers' conviction on some of the counts he faced locally.

Vickers is serving 20 years in state prison on his sex crime convictions in Niagara County, but some of the felony counts he was convicted on in Genesee County were dismissed after an appeals court ruled that his rights were violated because the prosecution amended the original grand jury indictments and tried him on counts other than those listed in the original indictments.

An attorney for Vickers, Benjamin Nelson, appeared in County Court this morning arguing that access to papers in the possession of the DA or local law enforcement should be preserved and discoverable by his client, should the case proceed. Nelson is also supportive of the prospect of all records related to Vickers' trial and conviction being sealed because the conviction was overturned.

Assistant District Attorney Shirley Gorman argued that because one local conviction was upheld, and the appeals court ruled that the DA's Office can seek a new indictment, and since the DA's office is seeking a chance to reargue its case before the Court of Appeals, therefore Vickers' case records should not be sealed.

She also argued that Vickers, because of the case he's already been through, already knows of, and has access to, all of the prosecution and law enforcement documents he could possibly get.

Nelson said he was merely seeking the court's acknowledgment that counsel representing Vickers in the future has a right to request documents that he may not presently have seen or know about. He has no current request for specific documents, he told Judge Charles Zambito.

Nelson also raised the possibility that Vickers could seek to bar the people from further prosecution on charges related to the prior indictment because of his rights to a speedy trial and his Constitutional protection against double jeopardy. 

But Gorman said the speedy trial issue wouldn't apply because any delay is the result of Vickers' appeal and not anything the prosecution did, and that by granting the people's right to re-prosecute and dismissing the prior counts without prejudice, there is no issue of double jeopardy.

Zambito said he will review the case and arguments and provide a ruling at a later date.

Chris Bardol tacked on another 800 series (811) while Harris Busmire struck on 30 of his last 31 deliveries for 277-300--791 in G&W Vending League play last week at Rose Garden Bowl in Bergen.

For a list of high scores from the week of April 4, click on the Pin Points tab at the top of this page.

Fans of Mike Pettinella's Pin Points column can read his article a day early this week as it will appear on Wednesday, exclusively on The Batavian, the area's No. 1 source for online news.

An open burn is in progress at 8122 Marble Road in Alabama. It is unlawful at this time of year. A first responder is on scene and a Sheriff's deputy is en route.

Press release:

The Genesee County Economic Development Center (GCEDC) today announced a new round of bids for site work at STAMP -- Science and Technology Advanced Manufacturing Park -- have been released. A legal notice announcing the bids was published April 11.

The work will include: asbestos abatement and demolition of a former two-story residence at 6758 Alleghany Road; a former two-story residence at 6725 Crosby Road; a former one-story residence at 840 Crosby Road; and, two barns and removal of debris from a structure that was a former residence.

The bids will be unsealed and read at 2 p.m. on Thursday, April 20, at the Genesee County Economic Development Center, located at 99 Medtech Drive in Batavia. Bids also can be accessed by contacting Debbie Button-Vanderwall (585-402-7511) from Clark Patterson Lee, which is the engineering firm overseeing the bidding process.

“While we will not be conducting a pre-bid meeting; those interested in submitting a bid can arrange for a site visit to see the structures,” said Mark Masse, senior vice president of operations at the GCEDC. “It also should be noted that for this specific work the Project Labor Agreement will not be applicable.”

Thomas J. Coleman, 55, of Alfred Drive, Rochester, is charged with DWI, driving with a BAC of .18 or greater, and speeding. Coleman was stopped by Le Roy PD after allegedly passing a patrol car at 47 mph in a 30-mph zone on West Main Street in the village at 9:44 p.m., Friday. Coleman allegedly failed to yield to the patrol vehicle's emergency lights and struck a curb prior to pulling over. Coleman was found to allegedly have a BAC of .18 or greater.

Nicholas T. Bowden, 21, of Le Roy, is charged with four counts of criminal possession of stolen property, 4th, and grand larceny, 4th. Bowden was arrested Monday by Le Roy PD. He allegedly possessed credit cards belonging to a relative and used the cards to make unauthorized withdrawals from an ATM machine of more than $1,000.

Every Tuesday, Troop A, State Police, put out a press release on an unsolved crime, a cold case. Today's release is about a Cheektowaga woman whose body was found in Darien:

Cold Case Tuesday: The New York State Police in Batavia continue to investigate the 39-year-old murder of Jessica Rose Lane.
  
On Nov. 25, 1977, the partially decomposed body of Jessica Rose Lane, age 66, was found by two deer hunters in a wooded area off of Alley Road in the Town of Darien, Genesee County. The victim was found fully clothed with three fractured ribs, a fractured left elbow and a fractured skull, likely caused by stabbing.
 
Lane was last seen on Nov. 11, 1977, at Williamstown Apartments in Cheektowaga.
 
The exact location of the crime has yet to be determined. However, residents below the victim’s apartment claimed to have heard two “thumps” between the hours of 4 and 4:30 a.m. on Nov. 12, 1977.
 
Lane, who resided alone, was known to keep to herself and rarely had visitors. Suspects have been developed but no arrests have been made.
 
Anyone with information regarding this investigation is asked to contact Investigator Ron Wilson of the New York State Police Bureau of Criminal Investigation in Batavia by calling 716-361-1585. Please refer to SJS # 3029541.

DePaul President Mark Fuller says the proposed DePaul Batavia Square Apartments on East Main Street, an 80-unit complex for income-eligible tenants, is his way of giving back to the community that he calls home.

"I grew up in Warsaw, went to RIT, and worked at Eaton, Yale & Towne before finding out I didn't like what I was doing," said Fuller, opening a presentation about the project at Monday night's Batavia City Council meeting.

"I then worked for the county, met my wife, Michele (Rapone), and we've been married for almost 40 years. My kids went to Notre Dame and I live in Le Roy, I'm Genesee County through and through."

Fuller, along with DePaul Vice President Gillian Conde, attorneys Ashley Champion and Jonathan Penna, and architect Joe Gibbons, shared details of their plan with Council, which later passed a resolution -- with Alfred McGinnis casting the lone "no" vote -- to introduce a necessary ordinance to change the zoning in the vicinity of the Batavia Gardens apartments (661, 665 and 679 E. Main St.) from Industrial to Commercial and to set a public hearing on the matter for April 24.

Champion pointed out that DePaul was in agreement with the Batavia Planning & Development Committee's recommendation to change from Industrial to Commercial zoning (not the original proposal of Industrial to Residential) to "more closely align with the goals and perspectives of the city's Comprehensive Plan."

But the theme of the video presentation -- which included photos of other DePaul renovation projects and testimonials from three residents of the Rochester-based company's Batavia Apartments on East Main Street near Eastown Plaza -- was that, according to Fuller, "there is a huge need for affordable housing in Batavia."

He said that New York State has identified Genesee County as needing affordable housing and has allocated $3.2 billion across the state for projects such as these. Residents of Batavia Square, should it come to fruition, would receive services to meet special needs and be charged rent based on income limits, for example, $27,000 for an individual and $38,700 for a family of four.

"Every project fills within two to three weeks, and we have huge waiting lists on all of our projects," he said.

Fuller said he is convinced the Batavia community will support the venture, which will include DePaul applying for financial incentives -- PILOTs or payment in lieu of taxes -- from the Genesee County Economic Development Center.

"What’s amazing is – I talked to Kiwanis last week, I’m speaking to Rotary in a couple weeks and I’ve been out meeting with everybody in the community – to a person, everybody wants the project," Fuller said. 

"The history of DePaul, we’ve got a great reputation in Batavia, and I’m really doing this because people approached me and wanted more housing in Batavia. The lack of adequate, handicap-accessible housing for special needs and everything else (is there), so I’m really doing this to give back to Genesee County – my hometown."

Of the 80 units, 36 have been designated as affordable units with preference given to elderly people and/or people with mobility disabilities, four are set at market rate, 30 are for people with special needs linked to services, and 10 will be allocated for veterans.

Fuller said that comments that DePaul is making money off of veterans or doesn't need the tax breaks stem from those who "don't know the whole story."

"We’re getting no money to house veterans. We’re just setting aside 10 units (as priority for veterans) and it could be more if there’s 20 veterans … we’re setting 10 units aside to guarantee because our housing projects fill in 10 days."

As far as the PILOT is concerned, Fuller said DePaul would be unable to get involved without it.

"These projects would not be doable without a PILOT with the city, but it’s important to point out that we’re a not-for-profit but we’re still giving a significant tax payment to the city for 30 years – more than four times than what they’re getting for that property now."

Fuller said the development will create 18 jobs as well as another 200 construction jobs.

Gibbons outlined details of the complex -- a 5-acre parcel with 24 units in Building A, 24 units in a three-story Buildilng B, and 32 units divided into four eight-unit two-story townhouses. The plan calls for 56 one-bedroom, 22 two-bedroom and four three-bedroom apartments and 94 parking spaces (which could be expanded).

"It will be highly energy efficient through Energy Star and NYSERDA programs, and typically 50 percent will be handicapped-accessible," he said.

Conde said that rent will be set at $700 for a one-bedroom unit and $850 for a two-bedroom apartment, but residents have to show an income to be eligible. Utilities, wireless Internet and cable TV are included, along with around-the-clock staffing and a sophisticated security system.

She added that "housing specialists" are on staff to help link tenants to services in the community, but before being accepted all applicants "receive extensive background checks" -- with those convicted of non-DWI felonies or sex offenders not eligible.

"We manage our own tenant list ... that's a huge piece toward having respectful communities," she said.

The DePaul team said it will be meeting once again with the Genesee County Planning Board later this week over the rezoning issue, and hopes for a positive outcome over the next several weeks with City Council.

"This is really just the first start – the hard part is getting the money out of Albany," Fuller said. "We certainly have done it a lot, we’ve got the project in the works, we’ve been told this is a high priority. Our goal would be to have that all in place by the winter so we can start construction in early spring 2018, and that’s about a two-year construction period."

Reasons to hire an attorney for a workers’ compensation claim: 

1. The workers’ compensation system is complex, confusing, and often difficult to navigate.
2. We will look out for your best interests, fight on your behalf against the insurance carrier to maximize your benefits, and make sure your questions are answered. 
3. In some cases, you may be entitled to a financial award, even if you did not miss any time from work as a result of your work-related injury.
4. The insurance carrier will have a team of attorneys working on their behalf, having an attorney fighting on your behalf helps to level the playing field.

For further question regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

A Batavia woman is accused of threatening employees of a business on State Street Road with a knife after they found her in the building allegedly burglarizing the establishment.

Arrested was Ann Marie Capuano, 32, of Montclair Avenue, Batavia. 

She is charged with burglary, 3rd, menacing, 3rd, criminal trespass, 3rd, possession of burglary tools and criminal mischief, 4th.

The break-in was reported at 8 a.m., Saturday.  

When deputies responded, Capuano was located leaving the area on a bicycle on State Street Road. She was stopped for questioning.

Capuano was identified as the suspect.

According to the Sheriff's Office, she threatened staff of the business with a knife when they located her in the business and requested she remain at the business until the arrival of law enforcement.

She was jailed on $5,000 bail.

The incident was investigated by Investigator James Diehl, Deputy Chris Erion, Deputy Chad Cummings, Deputy Jenna Ferrando, with assistance from Batavia PD.

K-9 Destro helped locate evidence at the scene.