batavia

Jeff and Carolyn Houseknecht opened a new Farmers Insurance Agency office at 214 E. Main St., Batavia, with a ribbon cutting this afternoon.

After more than a dozen years of effort by county officials, the aging bridge over the Tonawanda Creek at South Lyon Street may finally get replaced, perhaps sooner rather than later.

The project has been approved for a $498,400 federal grant.

Yesterday, the Public Service Committee recommended approval of a resolution authorizing the county to spend an additional $124,600 from the county's 1-percent share of sales tax and beginning the design phase of the project.

Highway Superintendent Tim Hens said under current terms of the grant, administered by the state, construction can't begin until 2023 but the county will push to accelerate the project.

"We are going to design it as quickly as we can and then we're going to press to have it funded in advance of (October 2022)," Hens said. "It depends on what money is available at state level and in the region. If projects get delayed or something comes in under budget, well, there is a possibility there might be money lying around that we could jump on."

Hens said he first submitted the project for Federal funding in 2006. The funds were awarded in 2007 but then the recession of 2008 meant a cut in spending. He resubmitted it in 2011 but Federal authorities determined that as a single-lane bridge, it didn't warrant saving.

"We argued that the traffic counts are higher than you think they are," Hens said. "We had the city, our city, the DPW, help us out on traffic counts. We had the traffic counts of around 2,500 cars a day at the peak."

The bridge is an important link for traffic between the bridges at Oak Street and at River Street, Hens said. 

In 2014, there were more cuts at the Federal level and it was pulled off the docket again. Hens resubmitted the project in 2017 and was denied funding.

The plan is now, with a grant awarded, to start the design phase immediately, because, Hens said, once money is spent on the project it is less likely to suffer another cut in spending.

"It's posted for five tons now," Hens said. "It's been in pretty rough shape. To make it go another three years might be pushing the limits from an engineering standpoint. It might get to the point where the posting drops enough where you can't get a car over it and it's closed."

The current bridge is Army surplus and was set in place in 1982 and a temporary fix for the old bridge it replaced.

The hope is to design a two-lane bridge. That's tough because the abutment of the current bridge is right under the pavement of South Main Street. Hens said the plan is also to design another truss bridge so that the character of the current bridge is maintained.

A man who threatened a police officer with a BB gun is doing well in drug treatment, according to reports given to Judge Charles Zambito, but that wasn't enough to keep him out of jail for eight months.

Brandon Fogg, 32, pulled out what looked like a handgun while wrestling with a police officer at a location on Cedar Street one night in early June and a citizen intervened and stepped on Fogg's hand.

That intervention may have saved Fogg's life.

A week later, he entered a guilty plea to menacing and since then has been through treatment at Bradford and Atwater and is currently in an outpatient house run by GCASA.

His attorney, Jamie Welch, argued for an intermittent jail sentence given Fogg's success and the potential for disrupting that success with a continuous jail term.

Fogg told Zambito that he's been eight months clean. He thanks Zambito for the chance to go through treatment and giving him his life back.

"Being sober, next to my children, is the most important thing in my life," Fogg said. "I've done everything you've asked of me and I believe I've done well. I stand here another man ready to accept whatever you decide."

Zambito said considering the seriousness of the offense, a jail term that served as a sanction was necessary.

"You mentioned you wanted to commit suicide by cop," Zambito said. "You're lucky that didn't happen because it certainly seems like the officer would have been justified. Even though it was a toy gun you pulled on an officer, only the intervention of a bystander saved you."

Zambito said he didn't believe eight months in jail would disrupt Fogg's path of sobriety.

Michael Paladino, who would have turned 44 years old today had he not been murdered by Quinten J. Edmonds on June 1, 2019, was remembered today in County Court as a loving son, brother, and father, but his aunts and mother, who each asked that Judge Charles Zambito give the lifelong criminal the maximum prison term available.

And so Zambito did, 20-years-to-life.

There was no expression of sympathy from the judge, even in response to an apology from Edmonds -- who didn't just react in the heat of the moment to Paladino's attempt to protect two women Edmonds was attacking: he took the time and effort to go to the apartment of an acquaintance on Ross Street and retrieve a knife.

“For whatever reason, you thought you had a score to settle with him," Zambito said. "You say you didn’t intend to kill him but when you stab somebody that many times with a knife, I don’t see how it can be reasonably viewed that you didn’t know he wouldn’t die from those injuries.”

Edmonds had told Zambito minutes before, "I take full responsibility for what happened and I apologize to the victim’s friends and family and to my family. This isn’t who I was raised to be and I didn’t intend to take anybody’s life that night. I was drinking and I took the situation too far and I’m sincerely sorry."

Family members said they will never recover from the death of Paladino.

"The loss of Michael has hurt our family beyond words," said Carol DiFrancisco, an aunt. "There are no more birthday parties, backyard parties, holidays, or other gatherings that will be the same. Our family is forever broken."

At the close of her statement, she said, "Quinten Edmonds has given Michael’s loving family a life sentence of eternal sadness.”

His aunt Nancy Elmore said, "He was a big man, not just from a physical standpoint but from the kindness of heart. His actions on June 1, 2019, will tell you that. Rendering aid to people he didn’t even know without regard to his own safety shows he was a kind, gentle, caring man."

The sister of Paladino's mother, Barbara Fay, read a statement on her behalf.

She said, "The pain will never go away for any of us. I don’t know how I could survive this if not for my loving family you see here. It helped me survive and pushed me forward."

She called Edmonds a brutal criminal who has no regard for human life.

"He should never walk free again to repeat his actions."

The family vowed to show up at his first parole hearing in about 20 years to oppose his potential release.

Throughout today's hearing, except when he was speaking, Edmonds sat motionless in his chair at the defense table and stared straight ahead. He never looked at any of the other speakers.

District Attorney Lawrence Friedman also asked that Edmonds be shown no leniency in sentencing. He questioned Edmonds' claims that he was too intoxicated to know what he was doing and that he didn't intend to kill Paladino.

“He said he got the knife to scare Mike," Friedman said. "He didn’t need to scare Michael Paladino. He was the aggressor in this case and when he got to the corner he could have left. He did not and he got the knife because he intended to kill Michael Paladino."

Edmonds claims he was intoxicated, Friedman explained to Zambito, but he had the presence of mind to know to go to a residence he had been to before. He knew the residence well enough to know where to find a knife in the kitchen. Later, when Edmonds recounted events in his interview with a probation officer, he recalled details that are consistent with what witnesses said and the police investigation showed.  

“There is no indication he was so intoxicated that he was incapable of planning a murder," Friedman said.

Friedman said Zambito's decision was all about how long he wanted to protect society from a person who is committing such a horrible crime.

Defense Attorney Fred Rarick did not request for his client anything other than the sentencing recommendation agreed to at the time of Edmonds' guilty plea in August. He says, however, while acknowledging that his statement would be subject to misinterpretation, that perhaps something good could come from the events of June 1: That rather than first jump into a situation where people are fighting and yelling, people should call 9-1-1 first. If Paladino had done that, Rarick said, perhaps this whole outcome could have been avoided.

That drew a bit of a rebuke from Zambito when he spoke.

“I trust Mr. Rarick is not trying to blame Michael Paladino because that would be an injustice.”

Zambito acknowledged that Edmonds had a difficult childhood. He didn't have a father. His mother struggled to raise him but, Zambito said, Edmonds had a "loving grandmother who tried to raise him right."

Even so, Edmonds' criminal history became when he was 12 years old and he then spent the next 20 years either confined or awaiting confinement.

“You had many opportunities to deal with those issues, issues you had to know you had, and you never did," Zambito said. "That one is on you. It’s one thing to say you come from a difficult background, you were brought up in difficult circumstances. But life isn’t fair and at some point you had to recognize you have a problem. You don’t deserve to live in the community. You’re too much of a risk, too much of a danger to the rest of us and to people like Michael Paladino.”

NOTE: At the end of the proceedings, DA Lawrence Friedman informed the court that during the pretrial sentencing investigation, a records check in Monroe County by the probation department found that the correct spelling of the defendant's first name is "Quinten." He moved to have all court documents corrected. Contrary to previous reports, we've used the spelling "Quinten" in this story.

It turns out Guillermo Torres-Acevedo was confused about his sentencing agreement and didn't want to appear until he spoke with the attorney representing him in Federal Court.

He couldn't reach his attorney, Alexander J. Anzalone, a Federal public defender, who was away from his phone because he was in County Court waiting for Torres-Acevedo.

Once the confusion was cleared up, Torres-Acevedo was transported by a deputy from the jail to the courthouse.

Torres-Acevedo was not sentenced today because he has not been sentenced yet in Federal Court, where he's facing from 70 to 96 months in prison.

The 23-year-old Batavia resident, who entered a guilty plea in early December to rape in the second degree, apparently thought he couldn't be sentenced in County Court until after he was sentenced in Federal Court; however, that wasn't the actual plea agreement. His sentencing locally was delayed until after his originally scheduled appearance before a Federal judge but there was no promise that his sentencing would come after that appearance.

His local attorney, Thomas Burns, asked that sentencing for Torres-Acevedo be delayed not just because a locally imposed sentence could affect the upper end of the possible sentence in Federal Court, but also because there are documents he and Anzalone are trying to obtain that could impact the decisions of the judges in both jurisdictions on the defendant's possible sentence.

Burns said both attorneys recently became aware of information that indicated Torres-Acevedo was neglected and abused as a child in Puerto Rico.  Both attorneys are seeking time to obtain documentation from Puerto Rico that would substantiate this claim and that information could have a bearing on sentencing.

Judge Charles Zambito granted the request to delay sentencing to 9 a.m. April 20 but warned Torres-Acevedo that he wouldn't wait indefinitely for the documents to be produced or for a Federal judge to issue a sentence. Zambito said he could very well go ahead with sentencing in April even if the other issues haven't been resolved.

As a precaution, at the request of District Attorney Lawrence Friedman, Zambito signed a "drag order," giving deputies permission to bring Torres-Acevedo to court by force if necessary on April 20. Burns didn't oppose the order but said that since today's initial refusal to appear was just a misunderstanding he was certain the drag order would be unnecessary. 

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Two Monroe County residents, Denzell Johnson and Shafatiah Miller, fled police in the area of Ellicott Street and South Swan one night last month following an attempted traffic stop.

They were eventually captured and Johnson was charged with criminal possession of a weapon on school grounds, obstruction of governmental administration and unlawful fleeing a police officer.

Both men, under the terms of New York's bail reform initiative, were issued appearance tickets.

Social media wags said it was the last we would see of them in Genesee County.

Today, promptly at 1 p.m., they were both in City Court for their arraignments.

Both entered not guilty pleas and were ordered to return to court on March 12.

Judge Durin Rogers placed them on nonmonetary restrictions, such as a requirement to report to Genesee Justice and to report in as requested by the agency. Miller was given a curfew for 7 p.m. to 6 a.m.

Both were admonished that failure to comply with the court order could result in additional nonmonetary restrictions.

Submitted photo and press release:

Ariana and Tom Sylvester (photo above) are the quintessential entrepreneurs: Creative; funny; hard working; authors; speakers; designers; open to change; jugglers of life encounters; self-employed; parents; husband and wife; college sweethearts; athletes; and maybe just a little crazy -- proudly so. They are also the perfect pair to kick off Genesee Community College's third annual Business Idea Pitch Competition.

They will make their presentation on Thursday, March 19, at 11 a.m. at the Batavia Campus in the Conable Technology Building room T102.

With a program entitled, "Becoming a Lifestyle Builder: Your Guide to Creating an Aligned and Amazing Life," Tom and Ariana will cover the first three sections of their successful book, "Life Builders, Build Your Business, Quit Your Job and Live Your Ideal Lifestyle."

In a one-hour program, they intend to cover the basics of their inspirational message, and give the flavor of chapter one -- "Planning with Purpose"; chapter two -- "Finding Your Freedom"; and chapter three -- "Concept to Cash."

Their program is free and open to the public. Limited seating is first-come, first-served and a book signing opportunity will follow their program.

The Sylvesters currently live in Gates and have two young children. They met at Oswego State College where they earned degrees in Computer Science and Zoology, respectively, and both played on the college's soccer teams.

They graduated in 2006, married in 2008, started their family in 2012, and have gone on to establish three different businesses all while still in their 30s.

Sylvester Enterprises is a residential and commercial real estate firm is based in Warsaw and Perry, and they owned a retail liquor store in Warsaw for approximately seven years.

Since 2015 however, they have been living their dream come true with Lifestyle Builders, a firm they founded to help others secure their dream careers by building upon individual passions while also balancing life's competing priorities. Their 285-page book also includes chapters on "Setup and Scale Your Systems," "Quit Your Cubicle" and "Stop Self Sabotage."

As self-described "family entrepreneurs," the couple has many speaking engagements, and a robust variety of podcasts available on their website, under seven different headings: Lifestyle; Start A Business; Grow A Business; Marketing; Sales; Operations; and Finance.

The diverse selection of podcast titles include: "Organic Marketing Before Paid Marketing"; "Automate Before You Delegate"; "The Hiccups with Hiring -- How to Build Your Team"; and the "FIRE Movement -- Financial Independence"; "Retire with Entrepreneurship:; and let's not overlook "The Danger of Mom-Guilt."

From their podcasts to their book, their website and their speaking engagements, Lifestyle Builders look beyond the financial details of starting a business by helping entrepreneurs consider and prepare their personal lives and goals as well.

"It rarely is a straight and narrow path," Ariana said. "And we wouldn't want it any other way."

Genesee Community College offers both degree and certificate programs in Entrepreneurship preparing emerging business owners and investors for success. The Sylvesters' presentation will help expand the learning opportunity and kick off GCC's third annual Business Idea Pitch Competition, which is cosponsored by Genesee County Economic Development Center (GCEDC).

The Business Idea Pitch Competition will be held Thursday, April 23, from 9 a.m. to 1 p.m. (check-in starting at 8:15 a.m.) in room T102 of the Conable Technology Building at the Genesee Community College's Batavia Campus.

To support participants' efforts and help prepare their first entrepreneurial steps, GCC is hosting the following preparation workshops all held in room T121:

• Tuesday, March 31, 12:45 to 1:45 p.m. -- "Starting a Business" presented by Sam Campanella
• Tuesday, April 14, 12:45 to 1:45 p.m. -- "Writing a Business Plan" presented by Sam Campanella
• Tuesday, April 21, 12:45 to 1:45 p.m. -- "Developing Your Pitch" presented by Lina LaMattina, Ph.D.

The workshops are free and open to anyone participating in the Business Idea Pitch Competition. To sign up for a workshop, please contact LaMattina at lmlamattina@genesee.edu.

Press release:

Assemblyman Steve Hawley announced today that he will join Assemblyman Jake Ashby local veterans and members of the Assembly Minority Conference tomorrow morning, Feb. 19, for the first of several events calling on Gov. Cuomo and legislative leaders to restore proposed cuts to vital veterans’ programs in this year’s budget due on April 1.

The assemblymen are calling for the immediate restoration of Gov. Cuomo’s planned $5.68 million cut to veterans’ services in the 2020-21 Executive Budget.

The largest cut proposed is to the Joseph P. Dwyer Veteran Peer-to-Peer Program. The governor’s budget eliminates more than $4 million from the counseling program that allows veterans to connect with other men and women who have served in the armed forces and are facing challenges similar to their own.

“Too many veterans come home after serving their country living with the horrors of Post-Traumatic Stress Disorder and to cut these programs that are vital to protecting our nation’s heroes is an utter disgrace,” Hawley said. “Our veterans deserve to feel protected and cared for just as they have protected us from enemies foreign and domestic.

"In a budget that exceeds $170 billion eliminating vital programs for our veterans should be the last we are focusing on. I am hopeful we can call attention to the necessity of these programs and work with state leaders to see they are restored ahead of the budget deadline on April 1.”

Hawley, son of a World War II veteran and member of the Ohio Army National Guard and U.S. Army Reserves, will be joined by Assemblyman Jake Ashby who served eight years in the U.S. Army Reserves and rose to the rank of Captain. Ashby is the Ranking Minority Member on the Assembly Veterans Affairs Committee and Hawley is a longtime member and former ranker.

Rob Credi, former proprietor of Main Street Coffee, has a new business venture and it puts him back in the coffee business: Public Coffee Hub, a food truck for caffeine addicts (and those who just like coffee). 

A minor-injury accident is blocking traffic at Route 33 and Wortendyke Road in the Town of Batavia. East Pembroke fire is responding along with deputies and Mercy medics.

UPDATE 12:44 p.m.: Extrication equipment is required at the scene. A second Mercy rig is dispatched.

Eighteen winter guard teams from throughout WNY and Canada were in Batavia on Saturday night for the 20th annual competition in the Batavia High School gymnasium. 

Top three photos of the Batavia varsity team, followed by photos of a senior guard team, called Luminosa made up of students from throughout the region, then the team from Medina. 

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Press release:

As budget negotiations in Albany intensify, Assemblyman Steve Hawley (R,C,I-Batavia) has written to Assembly Speaker Carl Heastie requesting that Video Lottery Terminal (VLT) Aid be restored in this year’s Enacted Budget due April 1.

The City of Batavia is slated to lose $440,789; the Town of Batavia $160,388 and Genesee County $200,392 as proposed by Gov. Cuomo in this year’s Executive Budget. 

“The impact on these municipalities, along with others, will put a devastating financial hardship on our already overtaxed New York State citizens who continue to flee to other states,” Hawley wrote in the letter. 

“Local officials and constituents in my district have reached out to me with their concerns. This proposal will have a huge impact on fire companies, police officers and other essential personnel who provide safety for our communities. On behalf of all communities in jeopardy of losing this aid, I implore you to restore this funding."

A crash is blocking traffic at Ellicott and Court streets in the city. Two vehicles involved, no injuries. City fire and Batavia police are responding.

The Batavia Blue Devils Boys Varsity Basketball Team(13-7) hosted the Eastridge Lancers (16-3) Friday evening for a Monroe County conference game. 

Eastridge was in control in early minutes of the game with Batavia unable to put a play together and score. Batavia did find their rhythm and caught right up to Eastridge trailing by one at the end of the first period, Batavia 12, Eastridge 14.  

For the next two periods it was hard fought defensive plays and back and forth trading points on offense but Batavia did seem to control the game. Batavia led by a basket at the half and the end of the third.  

The Blue Devils look poised for their biggest upset of the year with only two minutes left in the fourth, they led 50 to 49. With 14 seconds left, Batavia trailed by three. They had a chance for a three-pointer to tie the game but the Lancers' defense was too strong and a turnover sealed their fate. Final score, Batavia 50, Eastridge 53. 

The long-anticipated Ellicott Trail was supposed to be finished by Thanksgiving, but it's now Valentine's Day and still no dice. Why? One word: WEATHER.

"The Ellicott Trail is about 70 percent complete," said Thomas Lichtenthal Jr., Town of Batavia highway superintendent and assistant engineer. "We plan on completing it by June this year and open it to the public. We had some weather delays in the fall last year that didn't allow us to complete it."

Only four months to go, which will mark to the month when actual construction began three years prior.

The $1.7-million project is funded mainly with state Department of Transportation grant money. It's a joint venture by the City of Batavia and the Town of Batavia, with each contributing 10 percent of funding. The town is the lead agency.

A new bridge on Walnut Street was paid for with a $250,000 Municipal Facility Grant, and Genesee County Parks Department capital project funds will pay for a boardwalk at DeWitt Receation Area.

The trail itself is 4.6 miles long, but from end to end it's nine miles if you include sidewalks and bridges. It goes from Seven Springs Road to Pearl Street Road (Route 33).

Once open, during daylight hours only, signs will point the way for pedestrians and bicyclists. Motor vehicles will not be allowed on the trail, except for those of first responders -- firefighters, medics and law enforcement. City police will have bike patrols in spring and summer.

The off-road sections have been the most labor-intensive because of culverts, dilapidated railroad beds, trees and other vegetation and the removal of them.

Ellicott Trail will provide an alternative for physical exercise, the enjoyment of nature, and traversing the city and its businesses. Enthusiasts tout this kind of amenity as one that is increasingly attractive to urbanites, especially Millennials.

(Top: File image of the winning entry in the Ellicott Trail logo contest, unveiled in February 2017. It was created by Jayme Privitera, a professional graphic designer.)

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Thomas J. Leonard, 36, no permanent address, is charged with falsifying business records in the first degree, petit larceny, and conspiracy in the sixth degree. Leonard was arrested at 6 p.m. on Feb. 13 on an arrest warrant out of Town of Batavia Court. The warrant stems from an investigation into a larceny that occurred at Walmart. It is alleged that Leonard stole property from Walmart, then attempted to pawn the property at Pawn King Pawn Shop and falsified business records in the process. He was arraigned in Batavia Town Court, then released on his own recognizance. He is due to return to court on March 17. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien. The arrest was made by Deputy Erik Andre with the assistance of Batavia Police Officer Christopher Lindsay.

Christopher Michael Sims, 31, of Manhattan Avenue, Batavia, is charged with: driving while intoxicated, with a prior conviction within 10 years; parking on a highway; having an uninspected motor vehicle; and refusing to take a breath test. Sims was arrested at 5:46 a.m. this morning (Feb. 14) on Dubline Road in Bethany after a traffic complaint. It is alleged that Sims was driving a vehicle while intoxicated by alcohol after being found unresponsive parked in the roadway. He was processed at the jail and released on appearance tickets. He is due in Bethany Town Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Jordan Alejandro.

Kyle Christopher Madden, 26, of Lake Street Road, Le Roy, is charged with criminal possession of a controlled substance in the seventh degree. Madden was arrested at 12:18 p.m. on Feb. 13 at an apartment on Lake Street Road in Le Roy during an investigation of an unrelated matter. He was released with an appearance ticket and is due in Le Roy Town Court on Feb. 20. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Christopher Parker.