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It's not clear how a utility pole on Jackson Street broke -- there is no indication it was struck -- but sparks flew according to a witness when it did break.

There isn't even much of a breeze tonight.

The call originally came in as a blown transformer but there is no transformer on the pole.

With wires down and a broken pole, Jackson is being closed between Ellicott Street and Central Avenue.

The Kwik Fill is closed after losing power.

National Grid is responding.

Work crews today are changing the traffic signal configuration at Main and Ellicott for eastbound traffic, which is creating traffic jams in both the eastbound and westbound lanes of Route 5 and Route 63. Traffic is backing up for blocks at a time.

A worker said two sets of lights over Main Street's eastbound lane are being reconfigured, a new light pole with a set of lights on it has been set up for eastbound/southbound traffic turning onto Ellicott Street, and a new traffic control box is being installed.

Kevin Feary with his painting "Distance From Transit Rd.," was the winner Tuesday night at the opening of the Summer Art Show for the Batavia Society of Artists.

The show runs on the second floor of GO ART! through Oct. 5.

Kate Engle's "Badge #2," a pencil and felt pen drawing, took third place in the show. The drawing is of her great-grandfather, who was a Batavia police officer and wore Badge #2.

JL Wenrich, who could not attend the opening, placed second with "Back Yard Chickens," a pen and pencil drawing.

A pen and ink drawing by Rick Ellingham of the Swartz Hotel (the Stumblin' Inn) in Elba.

Press release:

Each Wednesday evening, a team from Northgate Free Methodist Church meet at 8160 Bank Street Road (North Campus) and walk a trail around the perimeter of the church property, praying for the community, the church and congregational needs as they walk.

The “Community Prayer Walk,” was scheduled to be open to the public this fall and is being developed by the members of the church and the youth of Northgate. It is a beautiful trail to walk, reflect, and meditate on and will soon include multiple prayer stations located along the path.

Last Wednesday, on Aug. 8, the prayer team’s lives were theatened as they were chased by a man who had intentionally driven his vehicle off of the Thruway and onto Northgate’s property. They narrowly escaped into the church, and the offender was apprehended by law enforcement.

Many within the community have offered prayer and support for our prayer team, and expressed gratitude for their protection.

In response to this unfortunate event, Northgate is inviting the community to join the prayer team as we commit this "Community Prayer Walk" to the Lord at 6 p.m. tomorrow, Aug.15th.

The walk will begin behind Northgate’s North Campus at 8160 Bank Street Road, Batavia.

For more information, please contact the church office at 343-4011.

(Editor's note: For previous coverage of the incident cited above, click here.)

Ty Acquard, from Alexander, selects a flower to add to an arrangement he's building with the help of instructor Jan Goodenbery during a free flower arranging class at Richmond Memorial Library on Monday evening.

Goodenbery is a master gardener and owner of Rooted in Joy Farm in Oakfield.

Ty is proprietor of Ty's Worm's, a stand he runs at Mooch's Auto Glass in Alexander. He plans to expand his business to include flower bouquets. 

In a hearing to determine whether there is reasonable cause to charge Antwan Odom with attempted assault in the first degree for cutting his teammate, classmate and neighbor Ray Leach during a fight over stolen property Aug. 4 in Batavia, Leach said their disagreement was over $60.

Court documents indicate the 18-year-old Odom said Leach accused him of stealing marijuana.

Both teenagers agreed to fight, Leach testified in the preliminary hearing, also called a felony hearing. Things got out of hand, according to his version of the story, when Odom pulled out a small, yellow pocket knife and stabbed Leach 10 times.

District Attorney Lawrence Friedman said, “It was a fairly involved situation he explained for the judge. He was the only witness.”

Odom's attorney Frank Housh said no weapon was found on his client. He said that Odom is the victim in the case. 

“It was some remarkable testimony,” Housh said. “He testified that a few days before he went over to my client’s house, demanding he come out and fight him, he had sent a Facebook post telling him that he was going to end him."

City Court Judge Robert Balbick ruled there is reasonable cause to conclude that Odom committed attempted assault, 1st. The case will now be referred to the grand jury to consider an indictment.

Leach has not been cleared to play football. His stitches will be removed Monday but the Blue Devils' star running back could have nerve damage to his upper leg.

Odom, like Leach, was expected to start his senior year next month and once again be one of the key players on Batavia's football team. At the close of yesterday's hearing, his bail, set last week by Balbick at $50,000/$100,000 was reduced to $15,000 cash or $30,000 bond.

Story based on reporting by 13WHAM, The Batavian's news partner.

City Council voted by an 8-1 margin to hire Martin Moore, Ph.D., as the City's new manager, replacing Jason Molino who left for an administrative position in Tompkins County in January. A story about the voting at a special business meeting at City Centre Council Chambers will follow.

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The Batavia City Council is expected to approve the hiring tonight of Martin Moore, Ph.D., city manager of Eunice, N.M., since 2011, as the city's new top executive.

Moore has accepted a three-year contract, which must be approved by the council tonight, to fill the vacant city manager position in Batavia.

Moore will begin his duties in Batavia on Oct. 15.

City Council President Eugene Jankowski said Moore could not attend tonight’s meeting due to a family wedding but will be available via video conference at 3 p.m. Wednesday at City Hall.

Jankowski had nothing but words of praise for Moore, who was voted “City Manager of the Year” in 2015 by the New Mexico Municipal League for his “handling of the city’s finances and progress of the community and how it operates.”

“He is articulate and personable,” Jankowski said, “and all of us have been very impressed by him.”

Moore also won praise from Councilman Art McGinnis.

"He was mature, gave great answers and has incredible experience," McGinnis said. "We really won out on this one. Big time. I'm very happy."

Jankowski said Moore’s wife has family in North Tonawanda and that they have been looking at relocating to Western New York.

Eunice is a city of about 3,000 people, located just west of the Texas border in the southeast corner of New Mexico.

It operates under the guidance of a nine-member City Council, including Mayor Billy Hobbs. According to the city’s website, it is in a “period of sudden growth,” with the oil field (its main employer) in a boom period, due to the price of oil.

“All companies are in need of employees with unemployment for Lea County running at 0 percent.

"Also, the National Enrichment Facility has received their license and will be building a $1.7 billion project five miles out of town.

"They will employ approximately 250 permanent employees and have up to 1,000 construction workers on site in two years. The total project will take seven to 10 years to build.”

Additionally, the website reports that its schools are “top-notch with prekindergarten through 12th grade. The community is very involved with all levels of sports and has many state championships in all.” The Eunice High School baseball has produced 17 state championships, which is fifth-most in the nation.

Moore’s contract, as reported first on The Batavian, calls for a starting salary of $110,000, with increases of $2,000 annually. He also will receive retirement benefits, paid family medical insurance, three weeks’ vacation, life insurance, and relocation reimbursement up to $10,000.

His previous executive management experience includes a four-year stint as a consultant, census 2010 crew leader and general manager in Timberon, N.M.; county manager for Otero County, N.M.; executive director of Eastern Arizona Counties, and director of development and community services for Apache County, Ariz.

An Eagle Scout, he was a member of several professional associatons and president of the Rotary Club of Eunice, N.M.

Moore replaces former manager Jason Molino, who left in January for a similar position for Tompkins County. Public Works Director Matt Worth has been handling the city manager responsibilities on an interim basis since Molino’s departure.

A two-car accident with injuries is reported at 4135 W. Main Street Road in front of the 4 Nails salon. Town of Batavia Fire Department and Mercy medics are responding. The vehicles are off the roadway in the parking lot.

A porch fire is reported at 5 Prospect Ave., Batavia.

The resident is reportedly trying to extinguish it.

City fire dispatched.

UPDATE 2:46 p.m.: Fire out, checking for extensions.

Yes, the Ellicott Station project is proceeding slowly, but it is proceeding.

Last night, Savarino Companies sought County Planning backing for a special use and site plan review, two formalities before they can start construction on the mixed-use complex that will include a brewery, apartments and office space.

"This might be one of the more complicated projects I ever work on in my lifetime because New Market Tax Credits are involved and the New Markets just haven’t really been paired with HCR money before," said Courtney Cox, development associate with Savarino. "We might be like the second case ever, so the legal teams are just trying to figure out how they want to make this work."

The New Market Tax credit is a mechanism that enables Savarino to secure private financial support for a bulk of the project's $17.6 million price tag. The New Market Tax Credit program, was created about two decades ago, in part to replace grants that financed many failed urban renewal programs. Tax credits on the project can be sold as assets to help create a market-driven way to encourage development in economically distressed neighborhoods. 

HCR is Homes and Community Renewal, a state agency that provides funding for housing in financially depressed neighborhoods.

These two financial programs are not commonly brought together and they have different criteria that developers must meet. HCR has a 30-year compliance period and New Markets has a seven-year period with a requirement to refinance after seven years, as one example of the complications that need to be worked out.

Still, Cox still estimates financing will close in this month or nextl, thereby allowing contractors to get a shovel in the ground before the first freeze. If crews can get the site cleared and foundations built before winter, then workers can put up steel and start working on walls.

The entire construction cycle, however, is estimated to be 24 months.

Despite these delays, the anchor tenant, Resurgence Brewing in Buffalo is patient, Cox said.

"They understand," he said. "We renegotiated some of the terms of the lease pretty easily between the two parties, so they're are hanging in there."

One of the biggest changes in the site plan is the apartment complex, which will now include 55 apartment units instead of 51.

That's a change needed to comply with HCR requirements.

"These programs all have design guidelines," Cox said. "There is a limit on how large one-bedroom, two-bedroom, three-bedroom units can be. In the original plan, the one-bedroom units were larger than what they allow, so we had to downsize."

The one-bedroom apartments will be about 785 square feet.

"They’re not tiny units by any means," Cox said. "I think it's just being efficient with space that public money is being invested into."

Even though no ground has been broken yet, Rachel Tabelski, director of the Batavia Development Corp., said Ellicott Station remains one of the state's ground-breaking projects.

"This is the first brownfield opportunity area -- they have these all over the state -- but this is the first one that is actually close to putting a shovel in the ground," Tabelski said. "So across the state, we are the poster child for having a developer come in and commit to this site and prove that the brownfield opportunity area works."

The success in getting the project this far has put Batavia on the map with investors looking to finance similar projects.

"This project is a catalyst," Tabelski said. "Everybody wants to know what’s going on. They’re calling us out of Manhattan now asking are there deals here they can play. That’s a huge testament to how big this is."

Plush Dozier, AKA Plush Kevin Dozier, is indicted for the crime of first-degree arson, a Class A-1 felony. It is alleged that on the night of June 15 or the early morning of June 16 that he intentionally damaged a building -- a residence on Maple Street in the City of Batavia -- by causing a fire. This fire caused serious physical injury to another person, who was present and not a participant in the crime, and the defendant allegedly knew the person's presence inside the residence was a reasonable possibility. In count two, Dozier is accused of second-degree attempted murder, a Class B felony. It is alleged in count two that at the time of the crime, Dozier acted with intent to commit murder in the second degree -- to intentionally cause the death of another person -- and engaged in conduct to that end.

Torrence C. Greene is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 2 in the City of Batavia that Greene knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of the same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing cocaine that had an aggregate weight of one-half ounce or more.

Michael J. Mawn is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 14 in the Town of Stafford that Mawn drove a 2000 Jeep Cherokee on Route 33 knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities. It is further alleged that he did so while under the influence of alcohol. In count two, he is accused of DWI, as a misdemeanor, for allegedly driving while intoxicated on that day. In count three, Mawn is accused of driving while ability impaired by alcohol for allegedly driving that day while his ability to do so was impaired by the consumption of alcohol. In count four, he is accused of speeding, a vehicle and traffic law infraction, for allegedly driving in excess of the 55-mph speed limit. In Special Information filed by the District Attorney's Office, Mawn is accused of having been convicted of DWI, as a misdemeanor, on Jan. 7, 2005, in Monroe County Court and that conviction forms the basis for the suspended or revoked license referred to in count one. It further states that Mawn knew or should have known that his license was revoked because of the conviction and the revocation was still in effect when he committed the crimes alleged in the current indictment.

Gary D. Burney is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that Burney was released from custody or allowed to remain at liberty by court order, either upon bail or his own recognizance, upon condition he would subsequently personally appear in Genesee County Court in connection with a felony charge against him. He failed to appear on Jan. 9 or voluntarily within 30 days thereafter, hence the indictment.

A dog was reportedly stuck under the foundation of a house at 3810 Pike Road, Batavia.

Town of Batavia fire responded and the dog was just extricated.

Apparently, some ground gave way near the foundation.

Animal Control was also dispatched.

Press release:

As part of the last concert, Dave Lumberg, owner of Tim Hortons, of Batavia, received the annual Pam Frisby Friend of the Band Award.  Pam was a longtime board member and president for the Batavia Concert Band, and the Band honors her memory every year with a Friend of the Band Award. 

Tim Hortons was recognized for their generous donation each season of baked goods for the concession stand, of which the proceeds are used to fund a scholarship program for college students who play in the Batavia Concert Band. 

Pictured is Dave Lumberg, a Tim Hortons Batavia franchise owner, Anne Arent, BCB Board member, and Jason Smith, BCB general manager.

Tim Hortons received a certificate for display in their restaurant, and their name will be engraved on a special plaque displayed at every concert. Tim Hortons also donated the prize award back to the Batavia Concert Band.

The Band also thanks GO ART!, WBTA, the City of Batavia, and Genesee Community College for their support of our entire season, as well as the following concert sponsors: The Zehler Family, Rotary Club of Batavia, HE Turner & Company Funeral Home, Batavia Lions Club, Bailey Electric, GCASA, The Insurance Center, UMMC, friends of Neil Hartwick, the Pacino family, Michael Kubinec D.D.S., and Brighton Securities.  

Thank you to all our audience members who faithfully attended each week, and plans are already underway for the 2019 season!

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