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The picture came a bit clearer today at the annual Genesee County Economic Development Center luncheon on how the agency landed a $206 million joint-venture Greek yogurt plant for Batavia.

Mark Koenig, director of engineering and technology at the PepsiCo Global Nutrition Group, said while there were a few reasons Pepsi and the Theo Muller Group picked the Genesee Valley Agri-Business Park for Project Wave, a key was getting site-grading permits within 15 days.

Koenig, who heads up similar projects for Pepsi all over the world, lost a bet with Chris Suozzi, VP of Business Development for GCEDC.

"I bet him my house, my wife and my salary that he couldn't get us permitted in 15 days," Koenig said. "I've never seen a greenfield site get permitted in 15 days. I said, 'there's no way.'"

He added, "This team delivered."

The 15-day permitting process allowed Wave Holding LLC to fast-track its development plans, which Suozzi agreed after the meeting was absolutely critical in bringing the project to Batavia.

Without the 15-day permitting, Pepsi and Muller would have been looking at a 30-month process to get its new Greek yogurt products to market. The current timeline is 18 months, all because Town of Batavia officials were able to move the permitting process along quickly.

Earlier this week, GCEDC CEO Steve Hyde told county legislators that Souzzi was instrumental in getting Batavia from the B-list for the project to the final four possible sites.

Koenig also said of critical importance to Pepsi and Muller was the world-class dairy industry in Western New York.

"This is an ag area that is the best in class and that's why we're here," Koenig said. "You have a good milk supply and your milk is the best in its class."

It also helps that from Batavia, Wave Holding can easily reach a third of the potential market in the U.S. for its new Greek yogurt.

Pepsi partnered with Germany-based Muller, Koenig said, because Muller has proprietary recipes and world-class technology for producing yogurt.

The incentive package put together by NYS and GCEDC was also important, Koenig said, but Pepsi was also impressed by the warm welcome the company has received from the community.

"The community support has been fantastic," Koenig said. "All signs say this is going to be a success with the community for years to come and in future growth."

Top: Koenig; bottom, Hanno Lehmann, a senior project manager from the Muller Group.

An early morning medical emergency brought Mercy Flight to Chandler Avenue in Batavia, but it wasn't just another life-saving mission for the crew of Mercy Flight 5.

It was the 20,000th mission flown by the Buffalo-based non-profit air ambulance corps.

“When I started Mercy Flight back in 1981, I never dreamed that we could help so many people,” said Douglas H. Baker, Mercy Flight’s founding president. “I’m extremely proud of what we have been able to accomplish over the last 30 years as a not-for-profit organization.

"We never could have reached this milestone without the assistance and support of our local volunteer firefighters, hospital and law enforcement partners and the communities we serve.”

The dispatch came at 2 a.m., Friday, and the patient was transported from Batavia to Strong Memorial Hospital in Rochester.

Mercy Flight operates from bases in Buffalo, Batavia and Olean.

Last year, Mercy Flight forgave more than $700,000 in care provided to uninsured or under-insured patients, according to a press release.

The average cost is $842 per flight.

Individuals and groups can "Sponsor A Mission" with a donation of $842. For more information, visit mercyflight.org or call (716) 626-4100.

Wilson Figueroa, 38, of Conkey Avenue, Rochester, is charged with criminal contempt, 2nd. Figueroa reportedly was under court order out of Rochester City Court from being with a certain person. During a traffic stop on Route 33, Stafford, at 4:01 p.m., Wednesday, the protected person was allegedly in Figueroa's vehicle.

Aicha Keita, 20, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny. Keita is accused of stealing $206.65 in merchandise from Walmart.

Nearly two dozen students and faculty members are walking around Batavia High School today with quite a bit less hair.

They all participated in a fundraiser and show of support Wednesday evening for Brandon Johns, a Batavia Middle School student afflicted with cancer.

The event was organized by BHS National Honor Society and conducted in conjunction with BHS Spirit Week.

Head shaves were provided by stylists from Total Image Hair Salon and following the shaves, students and faculty participated in a volleyball game.

Photos and information submitted by Steve Ognibene.

Executives from PepsiCo and the Muller Group will be keynote speakers March 23 at the Genesee County Economic Development Center's annual meeting at the college.

The two companies are behind Project Wave, the $206 million yogurt plant being built at Genesee Valley Agri-Business Park.

Mark Koenig, director of engineering and technology at the PepsiCo Global Nutrition Group -- who was in town when grading started in November although Pepsi's involvement was still officially a secret -- will be joined for a keynote presentation by Hanno Lehmann, a senior project manager from the Mueller Group.

Wave Holding, LLC -- the official name of the joint venture -- is expected to employ nearly 200 people in the near term and perhaps as many as 600 people if the new line of Greek yogurt is as successful as Pepsi and Muller project.

The new joint venture is receiving more than $11 million in tax abatements to build the plant in Batavia, which was initially not even a top-tier choice in the site selection process.

Also speaking at the event will be Rep. Kathy Hochul, State Sen. Michael Ranzenhofer, Assemblyman Steve Hawley and County Legislature Chairwoman Mary Pat Hancock.

GCEDC CEO Steve Hyde will make a presentation on some of the agency's 2011 highlights.

The luncheon is from noon until 1:30 p.m., March 23, at Genesee Community College. Tickets are $15 or $20 at the door. For reservation and tickets in advance, call 343-4866.

Pembroke eked out a narrow victory over Notre Dame in the semifinals of the Mock Trial Tournament Wednesday.

The four remaining teams faced off in Warsaw.

While Pembroke won on points against Notre Dame (101 to 99), splitting the match 1-1, Attica beat Warsaw handily, 124 to 88, taking both sides (prosecution and defense) of the match.

Pembroke and Attica will square off at 5:30 p.m., Monday, in the Genesee County Courthouse with Judge Robert C. Noonan on the bench.

Which ever team wins Monday, it will be the first time in the history of the local tournament that a team other than Batavia won. Batavia went 1-3 in early competition and was knocked out before the quarterfinals.

The photos in this post are of the Notre Dame and Pembroke teams.

Notre Dame team members: Meghan Zickl, Anneliese Aliasso, Andrew Fischer, Matthew Sausher, Kendra Wall, John Lapple, Ariana Aliasso, Rosalie Mortellaro, Jake Krajewski, Brittany Perzia, Caleb Nellis, James Spear, Anna Arner, Natalie Mouton, Katie Fischer, Andrew Cheverie and Rosemary Fulmerfeld.

Pembroke team members: Dean Cullinan, Patrick Burns, Joelle Fugle, Cale Fryer, Rachel Seweryniak, Andrew Renolds, Brett Jones, Brandon Kohorst, Bea Reiner, Christian Burns, Eva Reda-Kenrick, Karen Globm, Justin Sformo and Sabrina Sanner.

Previously: Batavia knocked out of Mock Trial Tournament early; four teams left to vie for title

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A Batavia man who swung a knife at a sergeant from the Sheriff's Office during a two-hour standoff in July will spend two- to six-years in State Prison.

Jody B. Gillette, 50, of 8 Pine Hollow Drive, who has been arrested several times over the years, including two recent allegations of DWI, admitted to Judge Robert C. Noonan that his biggest problem is alcohol.

"I'm a person who drinks and can't shut it down," said Gillette. "It's obvious. And I have anger issues. I should have gone to anger-management classes a long time ago."

Neighbors and friends of Gillette's sent letters to Noonan prior to Tuesday's sentencing urging a non-prison sentence, telling Noonan that Gillette is a very nice person when he's not drinking.

Sgt. Thomas Sanfratello made a victim statement and said Gillette was alternately calm and dangerously angry during the two-hour standoff in the trailer park July 26. He said eventually officers were able to deploy a Taser, which slowed Gillette down, but Gillette almost got back on his feet before he was apprehended.

"He's been on a downward spiral and somebody who is a danger to himself or others when he is drinking," Sanfratello said. "He is a threat to society and deserves incarceration for the maxium period of time."

Gillette said he first got into trouble in 1975 when he was consuming marijuana and alcohol. He was arrested for buglary and put on probation, which he soon violated.

"I was young and rebellious," Gillette said.

Eventually, Gillette went to college, completed parole, and after his second DWI arrest realized he couldn't even have one drink of booze. He said he was clean and sober for more than a decade.

Then he was laid off, lost his house, lost his long-time girlfriend and became angry and depressed, he said.

Assistant District Attorney Melissa Cianfrini said to this day his mobile home roommates don't know why Gillette became angry that day, but Gillette accused both of them of not paying rent and one of them of eating his dinner that evening.

At one point turning the standoff, Gillette waved a sword and assumed a samurai stance, threatening Deputy Chad Minuto.

Public Defender Gary Horton said that Gillette has shown that he can stay sober for a lengthy period of time and should be given a chance at rehab.

Noonan said if Gillette was accused of purely an alcohol-related offense, such as DWI, he might take into consideration his periods of sobriety, but given the seriousness of the events in July, a term in prison was appropriate.

"This very easily could have ended up in a terrible tragedy," Noonan said.

Gillette still has two pending DWI charges, including one stemming from a rollover accident in February 2011.

A car vs. pedestrian accident is reported at 162 Bank St. in front of the deli. The pedestrian is complaining of minor injuries. City Fire Department and Mercy medics are on scene.

UPDATE 4:59 p.m.: Mercy has arrived at UMMC with a 14-year-old male patient who has scraped knees but is said not to be in pain.

The mother of two girls who were sexually abused told Judge Robert C. Noonan today how the man who victimized them had potentially ruined their lives.

"His abuse has cast a shadow that is the length of a lifetime," the woman said.

Both the woman and her two daughters asked Noonan to give the abuser the maximum 14-year sentence available under the law, and that's just what Noonan did.

Anthony P. Dioguardi, 28, a resident of Wyoming Correctional Facility, will serve two consecutive seven-year terms in prison after completing his current term on a prior sexual abuse conviction.

On Jan. 26, Dioguardi was convicted by a jury of using force to have sex with a child age under age 11.

Dioguardi tried to convince Noonan that he wasn't a monster and that a minimum sentence would give him a chance to get out into society and prove he could live a normal life.

Sexual abusers and rapists, Noonan explained, aren't the people who look homeless and creep out of bushes. They are often people the victims know.

"The fact is, you are intelligent, you are well-spoken, you are charismatic, you are loved by your people, but the fact that you are that kind of person and would commit the kind of crime that brought you here today does make you the kind of monster they (the prosecution and the victims) say you are."

One of the sisters who was victimized by Dioguardi said she is slowly learning to put her life back together, but the crime hasn't been easy on her sister.

"He's put her in a very dark place and I can't get her back," the girl said. "It makes me very, very mad."

The girl explained how even on tests when she comes across the name Tony or Anthony, she scribbles it out. She can't even stand to see the name, no matter what it might cost her in test scores or anything else.

"I call him a scumbag now because that's how I view him," she said. "He ruined my sister's life. He deserves to hear what he's done. I hope everything I say is getting into his brain because he deserves to hear it."

The girl said she hopes someday to have a job that will help victims of sexual abuse. Her mother later said the girl has said she hopes to go into law enforcement some day.

Dioguardi, shackled and in state prison garb, sat stone-faced and didn't move as his victims spoke.

"There is no amount of remorse I can express to tell you how sorry I am," Dioguardi said when it was his turn to speak. "I know it's my fault. I want them to know it's not their fault. It's mine."

Noonan said Dioguardi sounded only sorry to the point that he wanted to get a shorter prison term.

The mother of the victims said she wanted a sentence suitable to the crime.

"If I could have it my way, this useless pathetic excuse for a man would be put away forever and in darkness like my daughters have been in," she said.

It's hard to argue that spring is here. After all, Mother Nature has given her stamp of approval with blooms in abundance.

Above, the magnolia tree at the Holland Land Office Museum is starting starting to produce some color.

There's no surer sign that spring is here than the forsythia in bloom. It's time to prune your rose bushes.

A field of crocus have sprung up in front of a house on Oak Street.

A plan for Ken Mistler to remodel the patio of the former South Beach Restaurant on Main Street received glowing reviews and eventual approval from members of the city's Design Review Committee on Tuesday.

The board opened its meeting with a field trip to South Beach were Mistler explained the concept.

Mistler intends to enclose the patio, but use retractable glass panels (something like a garage door made of glass panes) so that he can operate the patio as a bar, dining room and music venue 12 months out of the year.

"We'll close the windows for weather or when it's windy," Mistler said.

The concept has already received a positive recommendation from the Genesee County Planning Board and once the Design Review Committee approves his final plans in 30 days, Mistler will be able to proceed with construction.

Mistler is planning a Southwestern/Western theme with urban flair for the new restaurant and bar. It will be called City Slickers.

While the restaurant continues to cater parties in the basement bar and dining area, Mistler is completely remodeling the inside of the bar and dining area (the new custom-built wooden bars are stunning).

He expects to open City Slickers around the third week of April.

Photo below: Mistler holds a picture of the former Kiwanis Park that was west of South Beach from before Mistler remodeled it to the present patio.

I think every picture I've seen of the Batavia Downs sign so far has been from the more straight-on position north of the track. Recently, I've been experimenting with angles more to the south.

Taken this evening off West Main Street, almost behind the Lambert's store.

This summer, the Town of Batavia will build a small boat launch -- for canoes and kayaks -- behind Kiwanis Park, giving visitors and local residents a way to easily access the Tonawanda Creek between the city and East Pembroke.

There was a time -- in the early 20th Century -- when the Tonawanda in Batavia was more favored by local residents seeking recreation.

Officials with the town and the Soil and Water Conservation District hope the boat launch is just one more piece in place toward transforming the small river into a recreational asset again.

"We definitely want to encourage recreational use," said George Squires, conservation district manager. "Canoeing, kayaking, fishing, taking a look at nature -- there's a whole lot of things going on along the creek that people probably won't see if they aren't paddling along the creek somewhere."

The boat launch is being paid for with a $6,000 grant secured by the conversation district.

The town is supplying the design and engineering work.

Tom Lichtenthal, assistant town engineer and highway superintendent, said it will take two months to complete the permits.

Squires said he's hoping for a July 4th opening.

The launch will be constructed along an inlet stream that runs between Kiwanis Park and the former location of the Batavia Motel (acquired by the Town of Batavia).

Lichtenthal explained that there will be a path from the parking lot down to the water and a stone launch for the boats.

Only small boats will be allowed to use the launch. If the boat needs to be hauled by a trailer, it's too big.

While it's not part of the plan, Lichtenthal said he dreams of the day there might be funding to create a walking path -- or paving for bikes, too -- from River Street in the city to East Pembroke.

Some time in the middle part of the 20th Century, the creek apparently lost some of its appeal for recreational use.

Squires suspects property owners who adjoin the publicly owned waterway and creek banks restricted access.

Or it could have been the dredging of the creek, making its banks steeper and therefore harder to access.

Lictenthal -- and Squires says it was a problem -- suspects foul water from the previous wastewater plant kept people away.

Twenty years ago, the city -- with cooperation from the town -- installed a lagoon-style wastewater plant, meaning the water from the sewer plant is much, much cleaner by the time it's piped to the creek.

"We can point to a definite improvement in the creek," Squires said. "The water quality wasn't as good before the city upgraded the sewage system and that deterred some people from thinking of doing things on the creek. Now, the creek is in pretty good shape."

The access, Lichtenthal explained, will help return a "natural element" to the creek and hopefully be inviting enough for people to make good use of the launch.

The new boat launch will give people access to the creek from the dam behind the courthouse (if people want to paddle upstream and then drift back to the launch), down to the falls in East Pembroke (and people will need to paddle upstream to get back to the launch).

At some point, town officials would like to provide a second launch downstream in East Pembroke so boaters can travel downstream and not worry about getting back to the launch upstream.

There's also a launch behind Kibbe Park in the city -- that Lichtenthal said is hard to access and use -- but because of the falls behind the courthouse, it won't be possible for boaters to start in the city and end at the town's new launch.

Photo from the book "Batavia," by Barbara Ann Toal. In 1910, two brothers built three boats capable of carrying recreational passengers on the Tonawanda Creek. The Bluebelle, above, was destroyed in a flood in 1922.

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Police are looking for a 14-year-old boy described as a willful runaway and believed to be in Batavia.

The youth is identified as Timothy Vail. He was last seen wearing a black uniform. He has visible cuts and scrapes on his left forearm.

Timothy has green eyes and blond hair and is 5'1", 128 lbs.

Anybody with information, contact Genesee County Dispatch at 345-6350.

UPDATE: Timothy has been located and is safe.

A vehicle fire is reported in the parking lot of Richmond Memorial Library in the City of Batavia. It is located at 19 Ross St. City firefighters are responding.

UPDATE 12:07 p.m.: The fire is out. City fire is back in service.

A 40-year-old Batavia resident is facing multiple tax fraud, grand larceny and forgery charges following a joint investigation by the State Police and the Department of Taxation and Finance.

Heidi L. Schollard, of 161 Bank St., is being held on $25,000 bail.

Schollard is accused of stealing money from two elderly women whom she cared for and filing false tax returns.  Schollard also allegedly received NYS benefits while employed.

The charges include two counts of criminal tax fraud, 3rd, two counts of grand larceny, 3rd, one count of grand larceny, 4th, 13 counts of offering a false instrument for filing, five counts of forgery and 10 counts of falsifying business records.

A team other than Batavia High School has a chance to win the 2012 Mock Trial Competition for the Genesee area, and following a quarter-final round Monday night, four teams are left, including two from Genesee County.

Those remaining are Pembroke, Notre Dame, Attica and Warsaw. They will compete at 5:30 p.m. Wednesday in the Warsaw County Courthouse.

It's the first time in the nine-year history of the competition that Batavia won't be among the semi-finalists.

In fact, the team that wins this year will be the first team in nine years not from Batavia to win.

The Blue Devils failed to even make the quarter finals.

A first-time quarterfinalist, however, was Pavilion, which had never won a trial before this year.

Pavilion has two new coaches -- Thomas A. Burns, a Batavia-based attorney, and Assistant District Attorney William Zickl Kevin T. Finnell.

The 2012 case involves an assault at a nightclub. The victim and the suspect were known to each other prior to the night of the attack. The victim bumped into the alleged attacker and spilled his/her drink. The suspect gave, according to witnesses, "a look that could kill." The victim was struck on the back of the head. The victim did not see the face of his/her attacker, but he/she believes he/she recognized the voice of the attacker singing a rap song about hitting a person on the head with a crowbar. The arresting officer is an admittedly rogue cop who works alone and uses his/her own investigative techniques. The cop previously Tasered and arrested the suspect on a case that was thrown out and for which the cop was disciplined and denied a promotion.

It's apparently a tough case for the prosecuting teams to win.

In mock trials, however, points are awarded on a number of factors and it's possible for the prosecution to lose the case but win on points, or conversely, the defense can lose the case and win on points.

The photos are of the Pavilion and Notre Dame teams.

Pavilion Team members: Joshua Yunke, Mackenzie Grasso, Tiffani Bragg, Hannah Smart, Gabrielle Henry, Heather Stefan, Austin Wolcott, Alexis Boundry and Sara Thompson.

Notre Dame team members: Meghan Zickl, Anneliese Aliasso, Andrew Fischer, Matthew Sausher, Kendra Wall, John Lapple, Ariana Aliasso, Rosalie Mortellaro, Jake Krajewski, Brittany Perzia, Caleb Nellis, James Spear, Anna Arner, Natalie Mouton, Katie Fischer, Andrew Cheverie and Rosemary Fulmerfeld.

Judges in the pictures are Eric, Adams, Jerry Ader and Micahel Mohun. Also judging during the quarter finals was William Zickl.

The finals will be at 5:30 p.m. Monday in the Genesee County Courthouse with Judge Robert C. Noonan on the bench.

If you're unable to view the slide show, click here. To purchase prints of these photos, click here.