batavia

Richard Joesph Liberte, 46, of Batavia Stafford Townline Road, Batavia, is charged with criminal mischief, 2nd, and criminal mischief, 3rd. Liberte is accused of deliberately driving his vehicle into a parked truck and then into a residence, causing substantial damage to the structure at 2:18 a.m., Sunday, at 7997 Batavia Byron Road, Stafford. Liberte was jailed on $5,000 bail.

Yolanda E. Johnson, 26, of 8 Wood St., Batavia, is charged with petit larceny. Johnson is accused of stealing a bag of money from the apartment of a friend.

Melissa M. Morton, 27, of 4802 Middlebury Road, Bethany, is charged with criminal contempt, 2nd. Morton was a passenger in a vehicle stopped for alleged traffic violations on Main Street by Officer Chad Richards. There was an active bench warrant for Morton out of Batavia City Court. She was jailed on $500 bail.

Daniel C. Dilaura, 38, of 32 Brooklyn Ave., Batavia, is charged with harassment, 2nd. Dilaura is accused of hitting a woman he knew in the face. Dilaura was jailed on $10,000 bail.

Brian Lee Smith, 51, of Colonial Boulevard, Batavia, is charged with stalking, 4th. Smith is accused of having continued contact with an ex-girlfriend after being advised by law enforcement to cease all contact.

Patricia Kathleen Vogel, 52, of Exchange Street, Attica, is charged with petit larceny. Vogel is accused of stealing clothing and a book with a total value of $112.58 from Kmart.

Jerry Guity, 21, of Beach 54th Street, Far Rockway, is charged with unlawful possession of marijuana. Guity was a passenger in a vehicle stopped for an alleged traffic violation at 1:47 a.m. Monday on Route 33, Batavia, by Deputy Patrick Reeves. Guity was allegedly found in possession of marijuana.

Stephanie Leigh Hyatt, 19, of State Street, Batavia, is charged with falsely reporting an incident, 3rd. Hyatt allegedly reported that her vehicle was struck in the parking lot of Applebee's and provided a vague description of the "suspect vehicle." Hyatt allegedly later admitted to having an accident on the I-490 in Monroe County at a prior time.

Eric Michael Kelckler, 24, of Pratt Road, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Kelckler allegedly tried turning around in a private driveway on Hopkins Road at 4:15 a.m., Saturday, when his vehicle became stuck in the front yard of the residence. Upon investigation by Deputy Jason Saile, Kelckler was arrested for alleged drunken driving.

Suzanne Ryder, 46, of South Newstead Road, Akron, is charged with felony DWI, felony driving with a BAC of .08 or greater and speeding. Ryder was stopped at 10:24 p.m. Friday on Main Road, Pembroke, by Deputy Patrick Reeves for allegedly driving 53 in a 40 mph zone.

Pamela Lynn Palaszynski, 27, of Tillotson Place, Buffalo, is charged with DWI, driving with a BAC of .18 or greater, speeding, operating without headlights and failure to yield to emergency vehicle. Deputy Patrick Reeves attempted to stop Palaszynski's vehicle on Main Street, Batavia, at 10:39 p.m. Thursday for allegedly speeding (52 in a 45 mph zone) and other alleged traffic violations. Palaszynski allegedly did not stop for 2/10ths of a mile from the original traffic stop location.

Robert James Dempsey, 23, of Prole Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Dempsey allegedly drove his vehicle into a tree on Junction Road, Pavilion, at 2:30 a.m. Saturday. The accident was investigated by Deputy Eric Seppala.

Erik A. Kendell, 34, of East Bethany, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely and leaving the scene of a property damage accident. Kendell is accused of being in involved in car vs. telephone pole accident at 5:20 a.m. Saturday on Route 20, Alexander, and then fleeing the scene. The incident was investigated by Deputy Howard Carlson and Deputy Frank Bordonaro.

Jalen Smith scored 25 points as the Batavia Blue Devils rolled over Newark in the Section V Class B1 title game Sunday, 58-41

Here are the photos from the game. We'll have a game story later.

UPDATE: Story by Nick Sabato

Batavia captured their third sectional championship in five years after defeating Newark, 58-41.

The top-seeded Blue Devils stymied the Reds with strong defense to jump out to an early lead in the first quarter, helped by the hot shooting from Class B1 MVP Jalen Smith, and never looked back.

Newark struggled to score all game and was held to 6-of-23 shooting and committed 11 turnovers in the first half, while Smith scored eight points in the first quarter to give Batavia a 26-14 halftime lead.

“We built our program on defense,” said Batavia Head Coach Buddy Brasky. “We stress every single day in practice that every single possession counts on defense. That’s what we believe in.”

Coming out of the half, Newark began to gain some momentum as Batavia’s shooting went cold, including cutting the lead to eight with two minutes remaining in the third quarter before sophomore Jeff Redband, who was playing in his fifth varsity game of the season after leading the jayvee team in scoring, hit a three-pointer to extend the lead to 11.

Justice Fagan would add a three-point play to push the lead to 37-23 heading into the fourth quarter.

The Reds would open the scoring in the final frame on a three by Anthony Lombardi. Smith would answer with a three of his own.

From that point Smith would go off.

After another three from Lombardi, he connected on back-to-back threes to give the Blue Devils a 17-point lead.

In total, Smith would score 13 of his game-high 25 points in the fourth quarter, after only four in the second and third quarter combined.

“Coach (Brasky) always tells me to keep shooting, keep playing my game and trust my teammates to get me open,” Smith said. “It’s pretty much continuous for every game.”

Leading scorer Justin Washington struggled with his shooting touch all game, but he once again made up for it by stuffing the stat sheet for the Blue Devils, scoring 11 points, grabbing nine rebounds, five assists, five blocks and three steals.

“Points don’t ever tell the story for Justin,” Brasky said. “He rebounds, he defends, he helps relieve pressure from the other team, he makes great passes in transition and that’s how Jalen gets quite a few of his shots.”

For Batavia, it was their fifth sectional championship in school history. It was also the first since 2010, a year that they made it all the way to the New York State semi-finals.

“There is a very proud tradition here with our ex-players,” Brasky said. “They built the program and pass it along every year to the young guys and now this year’s team can pass it along to the young guys coming up. That’s how good programs stay good.”

The Blue Devils’ roster is comprised of six seniors, five of whom are starters, which means they are a very tightknit group on and off the floor.

“We have been thinking about this day since we came together in fourth grade,” Smith said. “It feels great to get out there and finally achieve one of our goals. We work hard and play together as a family.”

Brasky, who was named the Section V Class B1 Coach of the Year, is also the father of one the seniors on the team, Jake Brasky.

Coach Brasky won a sectional championship in 2005 with his oldest son, Adam, and has coached this group of seniors since the fourth grade when they began to play organized basketball together.

“Since these guys have been in fourth grade I have been coaching them a lot in the off-season and in youth tournaments,” Brasky said. “So I have grown close to this group, partly because my son is in the group. So it is special to share this moment not only with my son but with these seniors.”

Smith was joined on the all-tournament team by Washington and senior Jamesson Etienne (eight points and four steals) for Batavia.

Lombardi, who was also named to the all-tournament team, led Newark (14-7) with 13 points and seven rebounds in defeat.

Batavia (18-3) will now face the Class B2 champion, Hornell (19-2), on Tuesday at the Blue Cross Arena. Tip-off is scheduled for 5:45 p.m.

To purchase prints of photos from this game, click here.

It's all about relationships, says Guy Clark Jr., owner of Cedar Street Sales and Rentals.

Clark's business turned 20 today, and he said the enterprise has lasted because the people of Genesee County have trusted him and his staff.

"We owe a big thanks to the community," Clark said.

Raised in Stafford, Clark opened his first tool shop in Le Roy in 1985. He described it as an under-capitalized one-man operation, and he struggled, but he also started to gain a good reputation.

As the calendar flipped to 1993, the people at Cummings & Bricker, a Batavia-based wholesaler of farm equipment, approached Clark about opening a rental business on Cedar Street. Cummings and Bricker already owned the property, so they along with Clark and Ricky Palermo joined forces and opened Cedar Street Sales and Rentals March 1, 1993.

After a few years, Cummings and Bricker pulled out because both businesses shared the same peak seasons, Clark said, and that caused a little tension.

Another partner entered the picture for a few years, but seven years ago, Clark became sole owner of the business and has operated it successfully since, despite a recession and increased competition from the likes of Home Depot and Lowe's.

Clark said Home Depot went after the local rental business pretty hard a few years back.

Whatever Clark set as his rental price, Home Depot would offer the same tool for $1 less.

"They were attacking us pretty hard, but then they closed (the rental business) about three years ago," Clark said. "I was thrilled for that. I was proud of that."

Cedar Street has become one of the top Cub Cadet dealers in the nation, but there was a time when Clark didn't sell lawn mowers.

A persistent salesman kept trying to get him to stock a few, until finally, Clark recalled, the salesman said, "Look, let me put six in your store and if they don't sell by fall, I'll take them back, no hard feelings."

Clark added, "That was about 5,000 lawn mowers ago."

Clark was all smiles during the 20th anniversary party at his store today and said he does feel like he's accomplished something getting this far, even if you don't always notice the time sliding by.

"You don't think about it, and I didn't start thinking about it until I started looking at a calendar," Clark said. "Until people start coming in and saying, you've been here a long time, and you think, 'hey, I have been here a long time,' you don't think about it. You just go to work every day and never give it much thought."

The celebration continues Saturday with food, games, prizes and a chance to ride an all electric zero-turn mower from Cub Cadet. Clark said Cedar Street is the only dealership in the United States with the new mower in the store. They will go on sale this spring. The photo above is of Clark riding the mower. Customers who test drive it get a free hat. Food will be served from 11 a.m. to 1 p.m.

Friends and family of Scott Paul gathered at Center Street Smoke House this afternoon to pay tribute to the man who help found the restaurant with his brother, Cregg Paul.

We convinced some of the gathering to come out for a picture with the Bluesmobile.

Previously: Scott Paul: Golfer, musician, photographer, co-owner of Center Street Smoke House, dead at age 57

All area students and teachers are invited to compete in a talent show to raise money to fight pediatric cancer. Deadline for entries is March 4.

Go to this Web site for more info. and to download an entry form: <http://www.makesomenoisetalentshow.weebly.com>

It can be e-mailed to: makesomenoise2013@gmail.com

The Make Some Noise Talent Show is set for 7 p.m. on Tuesday, March 19 at the Notre Dame High School gym in Batavia. It's located at 73 Union St.

There are no entry fees and donations will be accepted at the door.

The First Place prize is $150 and there will be other awards presented to the top talent.

All monies raised will be donated to a new local chapter of the Make Some Noise Foundation, which raises money and awareness to defeat pediatric cancer.

For more information, contact Sharon Korzelius of Notre Dame High School at: sharon.korzelius@ndhsbatavia.com

Robert Augustus Hilchey, 60, of North Pearl Street, Oakfield, is charged with theft of services. Hilchey is accused of installing a water supply line at the Oakfield Fire Department at a location prior to the Village of Oakfield water meter, allowing himself and others to use water before it could be measured.

Lisa Sue Metcalf, 33, of Batavia Oakfield Townline Road, Oakfield, is charged with criminal possession of stolen property. Metcalf was arrested at her residence on a warrant out of Town of Oakfield Court. She was arraigned and released under supervision of Genesee Justice.

Bryan S. Harris, 30, of 50 Montclair Ave., Batavia, is charged with harassment, 2nd. Harris is accused of pushing another person against a vehicle.

Michael L. Titus, 28, of 71 S. Main St., Batavia, is charged with strangulation, 2nd, and harassment, 2nd. Titus is accused of choking and punching a victim during an argument. Titus was jailed without bail.

John L. Taggert, 31, of 16 N. Lyon St., Batavia, is charged with harassment, 2nd. Taggert is accused of shoving a family member against a wall. Taggert was jailed on $1,500 bail.

Batavia is getting a little dusting of heavy, wet snow tonight. It starting coming down just after midnight.

Looming federal budget cuts could mean cuts in one of Batavia City School's most needed programs, Superintendent Chris Dailey told WBTA today.

AIS (Academic Intervention Services) helps students in both math and English as well as special education.

Those are some of the students most in need of help, Dailey said.

The cuts could range from $75,927.40 to $121,283.84 and would be implented if the so-called sequester takes effect after a Friday deadline.

“It’s very scary because New York state still isn’t providing public schools with the level of funding that they did in 2009-10,” Dailey said. “On top of that now, the federal government is pulling out money that they give to schools that have students that are at or below the poverty rate and we are one of the districts that have a high percentage of that. They’re taking money away to help our highest-needs kids in a political game.”

There will be a rally in Geneseo Friday to encourage lawmakers to protect education funding. To reserve a spot on the transportation shuttle or more information on the event, call the district office.

Press Release:

The Genesee County Economic Development Center (GCEDC) announced that applications to its Food Processing Training Program are available beginning March 4th. The deadline for submitting applications is April 15.

Applications will be available at the Genesee County Career Center, located at 587 E. Main St., Suite 100, Eastown Plaza in Batavia. Applicants will need to complete a Customer Registration Form at the Genesee County Career Center as well as submit an up-to-date resume, and, if required, participate in a math/reading test and a follow-up interview.

“This is a very exciting initiative because it is an integral component of our business operations, creating opportunities for employment for our residents,” said GCEDC Chairman Charlie Cook. “The program also continues our commitment of collaboration among various public and private sector partners throughout the community.”

In addition to receiving a non-credit certificate from the Genesee Community College (GCC), participants will have a permanent record and transcript for successful completion of the program. They will also receive certificates in Lean Systems Six Sigma Yellow Belt (Rochester Institute of Technology), Team Building (GCC), Basic Dairy Science & Sanitation Certificate (Cornell University), and an OSHA Certificate for Safety in a Manufacturing Environment (GCC).

The training program, developed by GCEDC, GCC, RIT and Cornell University, will benefit the area’s existing food-processing companies. It will also prepare a workforce for companies in the Genesee Valley Agri-Business Park.

The training program is being funded by an Area Development grant obtained by the GCEDC from the National Fuel Gas Corp. with additional financial support from the Finger Lakes Food Cluster Initiative — funded by the Department of Labor's Employment and Training Administration in the amount of $38,000 or 28 percent of the program. The program is expected to train approximately 120  people while creating a model for future food processing and technology training programs.

“If we are to continue to market and grow the food-processing industry we need skilled and educated workers,” said Steve Hyde, president and CEO of the GCEDC. “The investment we make to train and educate our workforce is just as important as the investment we make in bricks, mortar, water, and sewer infrastructure that makes our properties shovel-ready to bring business here.”

Samantha Mary Williams, 32, of Lake Street, Le Roy, was arrested on bench warrants for alleged robbery, 3rd, grand larceny, 4th, criminal mischief, 4th, and petit larceny. She is also charged with resisting arrest. Deputy John Baiocco reportedly attempted to arrest Williams at 2:15 p.m., Wednesday, in the lobby of the DSS office. Williams allegedly resisted arrest. Deputy Joseph Graff assisted in the apprehension. Williams was jailed on $10,000 cash bail or $20,000 bond. Williams is reportedly also wanted by Batavia PD on a resisting arrest warrant.

John James Slack, 27, of Exchange Street, Attica, is charged with burglary, 2nd. Slack is accused of entering a residence in Alabama sometime over Father's Day weekend and stealing electronics, jewelry, money and other property. Slack is incarcerated at the Attica Correctional Facility on an unrelated matter.

Michael John Antonucci, 30, of Alexander Road, Alexander, is charged with menacing, 2rd, and harassment, 2nd. Antonucci is accused of pushing a person against a refrigerator and throwing a glass bowl and plate in her direction. An order of protection has been issued.

A 62-year-old Attica man is in an Owego hospital after allegedly being caught in the act of robbing a CVS Pharmacy in that city.

The man is considered a person of interest in the Sally Beauty Supply store robbery in Batavia on Feb. 9, according to Deputy Chief Jerome Brewster.

The same man is also considered a suspect in robberies in Corning and Big Flats. (More)

In all four robberies, the perpetrator wore a black ski mask and carried a big knife.

According to a news report, Owego police officers responded last night to a call of a robbery in progress at the CVS store and confronted a suspect. The suspect reportedly fled on foot and after a two-block foot chase, he was tackled.

Officers reportedly used force to subdue the suspect, who, according to sources, suffered two broken arms legs and cuts.

The suspect in the Owego robbery has been identified by law enforcement sources as John R. Malowsky, a registered Level 3 sex offender with prior convictions for assault, 2nd, and robbery, 3rd, in 1976 and two counts of robbery, 1st, sexual abuse, 1st, and rape ,1st, in 1983 in Genesee County. He was sentenced to 12 to 25 years in prison, reportedly released sometime prior to May 2011, violated parole and re-incarcerated. He was released from prison most recently in October.

Brewster declined to specifically name Malowsky as a suspect, but did say that the man arrested in Owego was the same person Sheriff's investigators had been looking at.

The Sally Beauty store person of interest was interviewed by investigators earlier this week at his place of employment. After that, his wife reported him missing, Brewster said.

"We were putting together a pretty darn good case," Brewster said. "We interviewed him and then he disappeared."

The person contacted by the Sheriff's Office as a person of interest was brought to the attention of investigators, Brewster said, by a parole officer who said he recognized the possible suspect vehicle identified in media reports.

No charges have been filed yet in any of the four suspected robberies.

Alecia Kaus contributed to this story.

Genesee ARC Executive Director Donna Saskowski told reporters Wednesday night that the local media can help get the word out: "We're ready to be in the trash business."

Of course, ARC has been in the trash business for 28 years, but things are about to get a whole lot different.

Now that the City of Batavia is apparently getting out of the trash business completely -- if approved, the cost of collecting trash will no longer be part of property taxes -- ARC will need to come up with its own fee structure, develop its own customer database, handle its own billing and compete in a new market that will likely include garbage collection heavyweights such as Waste Management and Allied Republic.

Wednesday night, the city council approved public hearings at 7 p.m., March 11 for a revised budget that lowers the tax rate and removes from the city's solid waste law all city responsibility for garbage collection.

The changes, if approved by the council, would mean city residents would start contracting with their own garbage hauler -- or take their garbage to a transfer station themselves -- beginning June 1.

By removing garbage from the city budget, but extending ARC's contract for two more months, the 2013-2014 property tax rate will be $9.30 per thousand of assessed value.

While that is still a 13.17-percent decrease over the 2012-2013 tax rate, it's slightly higher than the proposed tax rate had the original trash collection proposal been approved.

The adjusted tax rate is necessary to fund the $185,000 in additional expense for providing garbage service through ARC to city residents in April and May.

As soon as the new garbage collection law is approved, the city will begin the process of notifying residents. Each property owner will receive a letter along with a list of known trash haulers that might provide service in the City of Batavia.

It will be up to each resident to contact a preferred hauler and arrange for service.

Molino said he would anticipate from two to five haulers deciding to provide service to city residents.

Saskowski said ARC is preparing a plan to become one of the private haulers that offers service to city residents.

While getting to this point was painful for everybody involved, Saskowski said, the change does represent an opportunity for Genesee ARC.

The agency is looking at expanding service into the Town of Batavia and maybe adding a transfer station to its West Main Street Road location.

Expanded services would likely mean more opportunity for ARC to fulfill its primary mission, which is to provide employment opportunities for people with disabilities.

"I wish the process had been a little easier," Saskowski said. "I think it's been hard on everybody, ARC, city management; it's been a tough thing for the whole city. I hope soon everything can be resolved and people can go back to not being angry and upset."

There are still logistical questions for ARC to work out, such as how to handle billing (possibly through a vendor), and whether to offer a flat-fee service or a pay-per-bag service.

ARC will of course continue to collect recycling, and will collect recycling regardless of the source -- paying customer or not, Saskowski said.

"We will pick up recycling from whoever wants to give us recycling, or they can bring it to us," Saskowski said.

The new law will put the entire burden for getting rid of trash and recyclables on the residents or business owners in the city.

Some key points of the new law:

• No specified trash days. Trash haulers will pick up garbage on their own schedule and inform their customers of that schedule;
• Containers are not specified. Trash haulers will tell you whether they will pick up bags, cans or totes (and haulers that use totes will presumably provide the totes);
• Residents cannot put out their garbage before 3 p.m. prior to their specified collection day;
• Residents will have 24 hours to store their empty cans or totes after collection;
• Code enforcement officers will tag homes that have excess garbage piled up and that violate other terms of the ordinance;
• If you're able to get your trash to a transfer station yourself, you are not required to have a private hauler at all.

The city isn't planning on any additional expense for code enforcment, City Manager Jason Molino said.

"Right now, it's premature to assume we're going to have problems or to what extent we do," Molino said.

For the first 30 to 60 days, the city's code enforcement officers may engage in a stepped-up enforcement effort with a zero-tolerance policy to help educate noncompliant residents of the new law, Molino said.

Property owners -- whether owner-occupied or landlords -- who own properties that don't comply with garbage collection requirements face possible fines and the cost of clean-up.

The change in the law gets garbage collection off the city's books, which Molino said is important in a day and age where expenses need to be trimmed from municipal budgets.

Just like offloading the city's dispatch center and ambulance service, there is one less expense on the city's budget under this plan.

"It's a very costly service and we just don't have the ability to continue to provide it," Molino said.

Molino indicated he still thinks the original proposal -- a single franchised contractor for the entire city, but still fee-based rather than tax-based -- was in the best interest of residents.

"I don't think we went into this thinking, 'how are we going to get out of the trash business?' " Molino said. "We went into this thinking how can we provide the most efficient, cost-effective service possible."

City residents can expect city-provided garbage collection to continue until May 31.

After that date, residents will be responsible for getting rid of their own trash, either through a private hauler or taking it themselves to a transfer station.

Property taxes sufficient to pay for an extra two months of municipal garbage pick-up will be collected in 2013.

A motion to amend the city budget and move the proposal forward passed unanimously.

Public hearings will be held in two weeks on the proposed budget as amended and proposed changes in the solid waste law.

The primary change to the law gets the city completely out of the trash business. Residents will have the option to contract with private companies -- which could potentially include Genesee ARC -- to pick up their trash.

The city will send notices to all residents with contact information for private haulers.

The new ordinance will allow residents to use cans, totes or bags. How garbage is left curbside will depend on the hauler.

Residents will also be able to take their trash to the transfer station in the Town of Batavia if they don't want to contract with a hauler.

UPDATE 6:47 p.m.: Introduction of the proposed wording of the solid waste law passed unanimously. The ordinance doesn't become law until after a public hearing followed by a vote to ratify the law.

UPDATE 6:49 p.m.: The public hearings will be at 7 p.m., March 11.

MORE T/K ... We'll have full details later tonight or in the morning. The meeting is still in progress.

There were two things that brought Scott Paul back to Western New York two decades ago -- the chance to go into business with his brother and the fact that he just had to get away from the long commutes in Washington, D.C.

"He'd had enough of the two-and-half hour drive to work and the three-and-half hour drive home in DC traffic," Cregg Paul said. "He said, 'there's got to be a better way to live your life.' "

Scott packed up his belongings and headed to Batavia to help Cregg restore the former Batavia Times building and open in 1993 the Center Street Smoke House.

Yesterday, Scott Robert Paul died after a short illness. He was 57.

While Cregg has run the day-to-day operations of Center Street, Scott worked behind the scenes, in the back office and handling the marketing materials and menus for the popular restaurant.

Scott was always the creative type, Cregg said. He went to RIT for photography, remained an avid photographer, and was by trade a graphic designer. He was also a musician, loved playing guitar, played in bands and owned several guitars.

Among Scott's heroes was golfer Ben Hogan, and Cregg said Scott shared Hogan's trait for seeking perfection. Scott was also an avid golfer.

One of Center Street's iconic promotional gimmicks brought together Scott's visual sense with his love of music -- a black-and-white sedan, looking much like a police car from the 1970s, that was patterned after the old police cruiser in the movie "The Blues Brothers."

There were restaurants in Florida and Myrtle Beach, S.C., that used a Blues Brothers' car and Scott thought the theme would fit the Smoke House, which often features live music.

The brothers found the perfect sedan for sale on Ebay. It was being stored in a barn in Kansas. They had it shipped to Batavia and a friend converted it into a "bluesmobile."

The car would get strange looks on Batavia's streets, Cregg recalled, but the most memorable incident with the car happened in Rochester.

Scott and Cregg drove it to the big city to pick up some supplies and next thing they knew, a police car was flashing its lights.

Scott pulled over and a police officer approached and asked if he had a permit for the giant bullhorn on the roof.

Of course he didn't.

Cregg recalls the officer saying, "This is what we're going to do. You two guys are going to get out of that car. You're going to go over there and stand on the curb.  Then, me and my partner are going to get into your car and you're going to take our pictures."

Cregg laughs recalling the story. "OK," Cregg said they told the officers. "We're OK with that."

The cops handed over their own Polaroid camera for the brothers to take pictures of them in the car and then of "arresting" them by the car.

Today, Cregg recalled Scott's life at Center Street, which he said Scott loved, and there were no tears, but lots of laughter.

The Auburn native liked to live life the way he wanted to live it, Cregg said.

"If somebody came in and said you should do this and you should do that, he would look at him and tell him don’t tell me what to do," Cregg said. "And that was the way he was. He said, 'I’m going to live my life my way on my terms.' "

And he had his own opinions -- many of them -- and he'd hold fast when he thought he was right.

"To his credit, he didn't compromise on very many things," Cregg said.

"It’s funny," Cregg added, "because T.J. (Woodward, of Gilmartin Funeral Home) asked me, 'was your brother a veteran?' I go 'no, but he did fight a lot of wars.' I said, 'he did win some, he lost some and he signed some peace agreements, but not many.' "

There will be a gathering from 1 to 4 p.m., Friday, at the Center Street Smoke House for close friends and family to honor Scott and remember his life.

Eric Halsey, 22, of 2 Goade Park, Batavia, is charged with felony DWI, unlawful possession of marijuana, failure to keep right and using handheld mobile phone device while operating a motor vehicle. Goade was stopped by Le Roy PD after allegedly crossing a center yellow line. He allegedly has a prior DWI conviction in the past 10 years. Halsey was jailed without bail.

Kevin Bruce Martin, 29, of 20th Street, Niagara Falls, is charged with criminal possession of a controlled substance. Martin turned himself in to Niagara Falls PD on a bench warrant issued out of Town of Batavia Court. Following arraignment in Town of Batavia, he was jailed on $500 bail.

Jeffrey Russell Hamill, 34, of Glenwood Drive, Attica, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely and refusal to take breath test. Hamill's arrest follows an investigation by Deputy Jason Saile into a motor vehicle accident at 4:41 a.m., Feb. 3, on Route 238, Darien.

It's been snowing in Genesee County pretty much continually since last night, but as you can see from the banks of the Tonawanda along West Main Street, Batavia, that there hasn't been much accumulation.

What accumulation there has been is pretty much just slush.

The Weather Service says expect more of the same through tomorrow.

New burglary charges have been filed against Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, who was arrested Jan. 1 while allegedly committing a burglary on Washington Avenue.

Batavia PD announced this morning that Smith is now a suspect in burglaries on River Street, South Main Street, Pearl Street, Madison Avenue and Franklin Street.

In all, he faces seven new burglary charges to go along with the initial charge from Jan. 1 as well as two additional charges brought by the Sheriff's Office earlier this week.

Smith is being held in the Genesee County Jail.

As it stands right now, if you're a City of Batavia resident, you have no idea who will pick up your garbage come April 1.

Monday night, the city council rejected, on a 2-7 vote, a change in the trash ordinance that, by their own admission, they asked city staff to draft. And with the Genesee ARC contract expiring March 31, it will take some quick work to come up with a new trash plan.

The clear direction from the council members after the 2-7 vote: get the city out of the trash business.

That means a municipal contract with Genesee ARC, after 28 years, will not be renewed and each property owner or resident will be free to select any trash collection vendor.

Councilman Jim Russell said that while council members heard from Genesee ARC supporters, they also heard from a lot of people who liked the proposed changes to trash collection in the city. But more, he said, they heard from people who said the city shouldn't be involved in trash collection at all.

"The City of Batavia or any government entity doesn’t belong in business if they don’t have to be," Russell said. "We have a lot of work to do. But if we can make this happen, people will have the choice they asked for."

Donna Saskowski, executive director of Genesee ARC, said after the decision that her agency is ready to provide trash service to city residents on a contract basis if the council fashions a plan that allows ARC to fulfill its primary mission: Employ people with disabilities.

"I think there needs to be some resolution and some more equitable way to charge people for trash and recycling," Saskowski said.

ARC is has always been ready to provide a rate-based service, she said.

"We never had that discussion," Saskowski said. "They never discussed that with me. We never knew about the rates. I think that’s something that’s really up to the council. We’re ready to provide a service. We’ll see what happens."

Saskowski indicated, however, there's still a chance Genesee ARC could get a sole-source contract with the city.

"I still think preferred-source vendor discussion should still be on the table," Saskowski said. "I don't think the city administration agrees with me, but I think it should.

"I was always willing to work ith the city before and I'm willing to work with them now."

The two votes in favor of the new trash plan came from Pierluigi Cipollone and Rose Mary Christian.

Cipollone pointed out that the proposal before the council was what members asked city staff to draft and by the direction of council, it reduces property taxes.

"If we're trying to be a fisically responsible council, this is something we need to do," Cipollone said.

After the decision was made, Cipollone warned that the council was about to embark on a plan that would cost city residents a lot more money.

"The people of Batavia will be spending more now on an individual basis than they would have from any of the offers on the table," Cipollone said.

Molino said he accepted the council's decision to change directions at the 11th hour.

"We did what we were asked in putting together budget, but sometimes things take turns we can’t predict," Molino said. "That happened this time, so now we respond to it."

At a Wednesday evening meeting, city staff will present a plan to the council that will keep trash out of the city budget -- meaning the 16-percent tax cut is retained -- and prepares the city for conversion to a self-selected, private-hauler solution.

Between now and Wednesday city staff will need to figure out the logistics of ensuring all city residents are ready to contract for their own trash collection by April 1, or find out if it's possible to extend Genesee ARC's contract for some period of time, buying more time for the conversion to a private-hauler system.

City council votes down proposed trash ordinance 7-2. The rest of the agenda is tabled, including the budget proposal.

Direction from council to City Manager Jason Molino is to get the city out of the trash business completely.