batavia

Seven ducklings lost their mommy on Mother's Day morning. Batavia resident Sarah Grice watched them helplessly as they all walked over a storm drain grate near the Bank of Castile building downtown and fell in. She called city fire and firefighters responded to rescue them.

Firefighters had to remove the grates from four drains on the north side of Main Street and round them up.

The firefighters then search a wide area of downtown looking for mom, but without luck.

Officials at Godfrey's Pond have agreed to take in the ducklings and care for them in one of their pens until they're ready to fly free.

Photos below submitted by Grice.

A two-car accident with injuries is reported in front of McDonald's, located at 4138 W. Main St., Road. It is partially blocking the roadway. Town of Batavia Fire Department and two ambulances are responding. There are complaints of neck and back pain.

UPDATE 5:51 p.m.: A third ambulance is called to the scene, non-emergency mode.

UPDATE 6:03 p.m.: Two patients are being transported to Strong Memorial Hospital and one is going to UMMC.

UPDATE 6:07 p.m.: The patient being taken to UMMC is a 26-year-old man complaining of wrist pain.

UPDATE 6:09 p.m.: All Town of Batavia units are back in service.

UPDATE: Photos submitted by Doug Yeomans.

Rep. Kathy Hochul was in Batavia today, making three stops, including one at Batavia High School, where she presented an award to Siena Pullinzi, winner of the annual NY-26 Congressional Art Competition.

Hochul noted that Siena beat out students from five other counties in the district.

Siena's artwork is to be displayed in the halls of the Capitol for the next year. She will also now have the opportunity to visit Washington, D.C., to participate in a ceremony for Congressional Art Competition winners.

While at the school, Hochul stopped by both art classes that were in session and stopped to talk with several students, noting their good work and encouraging them to continue on with art.

At one point she stopped and said, "I can just feel the creativity in this room."

Besides BHS, Hochul spoke at a luncheon at Terry Hills for Independent Living of Genesee Region and this afternoon will visit Arctic Refrigeration, Genesee County Chamber of Commerce’s 2011 Business of the Year.

For four or five years Ignacio Urvizu thought Genesee County needed a grocery store that catered to the culinary needs of people who like to eat Mexican and other Hispanic food.

His wife, Jennifer, noted that there's nothing closer to Batavia than Medina or Albion where you can buy Mexican spices, mixes, breads and treats.

Two weeks ago, the couple opened La Mexicana in the Valu Plaza (the former location of Matty's Pizza).

Even with very little publicity, Jennifer said the store has already attracted a wide variety of customers happy to finally find a store that caters to their needs.

"We've had some local farmers come in and some people who don't know what they're looking for," Jennifer said. "They come in and talk to us and learn something new and try something different."

While the family has lived in Le Roy for 16 years, Jennifer said they picked their Batavia location because it's centrally located and the Valu Plaza location -- with a laundry, a deli, other retail stores -- is a place where customers can make several stops at once.

Jennifer said she and Ignacio are pretty confident the store will be successful.

"People from this area will travel a long way to get what they're looking for," she said.

Local residents Jim Collins, a.k.a., Jimi Jam, and Margot, are building a house divided.

Jim is a diehard Bills fan and Margot is equally passionate about the Patriots.

For their wedding, they decided to embrace their one fundamental difference in life and hold an NFL-themed wedding.

The wedding was recently highlighted on ESPN's Web site.

Collins wrote to us:

We got a Bills/Pats mat to stand on, the minister dressed as a ref. We exited the ceremony to a string quartet playing the NFL on CBS theme. For the reception, I donned a Cookie Gilchrist jersey and the ushers wore eye black. Guests were invited to wear a jersey if they wished at the reception, where we served the usual wedding fare and tailgate-style food, including hot dogs & beer. The cake was a logo masterpiece with a very cool cake topper. For the kids we set up a big screen with Madden on XBox and we cut the wedding cake to the Bills "Shout Song."

People said it was the most fun they ever had at a wedding.

The video below played before the couple entered the reception:

This weekend, nearly 100 spectators will be in at the Batavia Sports Park to watch an anticipated 800 boys and girls high-school soccer players -- the premier players in the region -- display their skills at the 6th Annual Empire Cup College Showcase.

From a press release:

Similar events are held annually in places like Ohio, Florida, Maryland and Nevada.

"It's not something that we invented obviously, but we've been sending teams all over for college showcases, and about five years ago we thought it was time to have one in Western New York," tournament Director Michael Henderson said.

The timing must have been right. Henderson, a high-school coach himself in Rochester, said the recruiter turnout was beyond what was originally expected.

"It's nice for the coaches, because for them, it's relatively local," said Henderson. "They don't have to travel as far either."

Due in part to the tournament's connection to college coaching circles, it has taken major steps in aiding the recruiters ability to see who they want, and when.

Prior to the start of the weekend, each participating player has the option of filling out an online profile. That, in turn, gives the recruiting coaches an idea of each player's personal feelings about school, including what they want to study and what their soccer ambitions are.

Also, the form allows for players to submit GPA numbers and other pertinent test scores such as the SAT or ACT, giving the coaches an advanced screening as to whether or not certain players have the grades to get in.

"It helps tremendously knowing that going into the tournament," Henderson said. "You may see some great players, but at the end of the day, they may not by able to get into your school. Obviously you are looking for good athletic ability and game understanding, but it has to be a fit with your college."

To go with that, tournament organizers were overly stringent on who was going to be playing. As youth soccer goes, this field ended up being extremely competitive and draws teams from Pennsylvania, Ohio, Vermont, as well as New York and Canada.

Forty-six premier teams will compete, and many were turned away.

"We didn't accept everybody,"  says Henderson. "This is somewhat an elite tournament. It's for the kids that are serious about going on and playing in college."

"We have the interest, we have the need and we have the facility," Henderson said. "I'm pretty sure we'll do this again next year, and hopefully for many years to come."

Pete McQuillen is pushing forward once again with his plans to build a senior living community off Robbins Road in Le Roy, and if Thursday's Genesee County Planning Board meeting is any indication, he's going to face renewed opposition.

The board voted unanimously to recommend approval of a zoning change to allow the project to move forward.

McQuillen spoke to the board, and so did David Boyce, a Filmore Street resident who joined his neighbor, Town Supervisor Stephen Barbeau, in a lawsuit against the Village and the Town of Le Roy.

The lawsuit eventually led to the village concluding some of its procedures in approving the project were not in compliance with state law, which has left McQuillen with no choice but to start the approval process over.

Boyce said emphatically he is favor of the project, but then listed a series of complaints, that if completely addressed would completely nullify McQuillen's current plans.

Chief among Boyce's complaints is that in targeting 55-and-older residents, Robbins Nest Drive doesn't comply with the village master plan.

Boyce said the master plan calls for housing for the 30 to 55 age group, which is a primary source of spending.

He also said the project density is out of compliance with the master plan.

Jim Duval, county planning director, said staff has concluded the project does comply with the master plan.

Robbins Nest Drive must still go through several more steps of approval, including approval of a final plan, before McQuillen can proceed with construction.

Also, in another matter, the planning board recommended that the City of Batavia not approve a sign variance for Gold Rush at 4152 W. Main St., Batavia.

Owner Jim Vo put up several large promotional signs in windows in a belief that they complied with city ordinance. City code inspectors later told him the signs were out of compliance, even though they are similar in content and size to signs that had been allowed for a previous tenant.

Besides advertising his business, the signs are also important privacy screens for customers while they are in his store, he said.

However, Vo said he wants to be a good business neighbor and if he can't get approval for his signs, he'll find a way to comply with the code and meet his customers' expectations for privacy.

Nicholas J. Pascucci Jr. is indicted on a count of criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 4th, and unlawful possession of marijuana. Pascucci is accused of possessing with the intent to sell 44 oxycodone tables on Nov. 25 in the Town of Le Roy.

Robert L. Ealey is indicted on a count of driving while ability impaired by the combined influence of drugs and alcohol and aggravated unlicensed operation. Ealey is accused of DWAI on Jan. 1, on Church Street, Le Roy. Ealey was previously convicted of DWI on Jan. 29, 2009.

MIchael D. Pacer is indicted on a felony of DWI and felony driving with a BAC of .08 or greater. Pacer is accused of driving drunk on Sweetland Road, Stafford, on Dec. 1. Pacer was convicted of DWI July 7, 2008.

Melvin G. Draper is indicted on a felony count of DWI, felony driving with a BAC of .18 or greater, and aggravated unlicensed operation, 1st. Draper is accused of driving drunk Oct. 29 while in the Town of Batavia. Draper was previously convicted of DWI on March 3, 2009.

The Grand Jury returned a "no bill" on the charge of aggravated criminal contempt against Eric M. Duda.

The Grand Jury returned a "no bill" on the charge of criminal contempt, 1st, against Jerry K. Scroger Jr.

A man wanted on a warrant for alleged petit larceny turned himself in to authorities today, reportedly because he had seen his picture on the home page of The Batavian.

Veshaun D. "Shortie" Thomas was jailed on $1,000 bail after surrendering to the Sheriff's Office.

Warrant Officer Eric Olsen said the Sheriff's Office received numerous tips about the whereabouts of Thomas as a result of the post on The Batavian, but added, "I really think it was your article that put the pressure on him to surrender."

The City of Batavia has begun a disciplinary proceeding against a pair of city firefighters who stand accused of participating in an illegal bookmaking operation and are charged with felonies under New York's racketeering law.

Gregory Phillips and Brian Bordinaro have been suspended without pay, according to City Manager Jason Molino.

Under civil service law, Phillips and Bordinaro are entitled to a disciplinary hearing within 30 days of being suspected without pay.

Bordinaro was suspended without pay on April 27, and Phillips on May 2.

The hearing officer will determine what sort of disciplinary action -- if any -- should be taken against the two men. Options range from fines to termination if the officer finds the firefighters guilty of misconduct.

Bordinaro  was within two years of retirement at the time of his suspension, and Phillips was about three years out. 

City officials declined to release the actual disciplinary documents. City Clerk Heidi Parker, who is the freedom of information officer for the city, cited the "fair trial" provision the Freedom of Information Law because the documents may contain information gathered by law enforcement that has not been released to the public.

When originally arrested in February, following a months-long investigation by detectives with the Local Drug Enforcement Task Force, Phillips and Bordinaro were charged with criminal possession of gambling records. Phillips was also accused of possessing a small amount of cocaine.

In April, the men were also charged with enterprise corruption. The provision is a Class B felony that serves as New York's anti-racketeering law. The charge carries a maximum possible prison term of eight-and-a-third to 25 years.

Arrested and charged with Phllips and Bordonaro was Lance Engel, a cook at the NYS vet's home in Batavia. No information has been obtained on his employment status.

There are no scheduled court appearances for the three men until October and  District Attorney Lawrence Friedman has yet to say whether his office will seek grand jury indictments or proceed in another manner with the case.

At their last court appearance, the attorneys for the three men were all given inches-thick documents containing alleged evidence of their gambling operation.

According to investigators, the operation handled more than $1 million in bets in a single year and generated about $70,000 in profits off the vig.

A 24-year-old Tracy Avenue resident was arrested today and accused of sexual contact with a teenager he knew.

Dennis D. Benson Jr., of 62 Tracy Ave., Batavia, is charged with three counts of criminal sexual act, 3rd.

Det. Charles Dudek conducted an investigation and arrested Benson at 7 a.m. following a traffic stop on Hartshorn Road, Pembroke.

The sexual contact is alleged to have taken place at Benson's residence on three separate occasions in March.

Benson was arraigned in Batavia City Court and released under supervision of the Probation Department.

An injury accident involving a bicyclist is reported between Tops Market and Batavia Marine on West Main Street. City of Batavia Fire Department and Mercy medics are responding.

UPDATE 11:11 a.m.: City fire is back in service. The bicyclist is being transported to UMMC.

Press release:

Town of Batavia Town Clerk Teressa Morasco has been elected by her peers as a District Director for the New York State Town Clerks Association. This is a distinct and admirable honor bestowed only on a few clerks of the 932 towns throughout New York State.

In this leadership position, Morasco will mentor clerks and be a liaison between the counties of Alleghany, Genesee, Livingston, Monroe, Orleans, Wyoming and the state association. District Eight, which she will represent, will be well served by her experience. Her term will run from July 1, 2012 to June 30, 2015.

Patrick M. Holler, 58, of 14713 Holley Road, Albion, is charged with DWI, aggravated unlicensed operation, 3rd, and open container. At 7:40 a.m., Tuesday, deputies responded to a report of a 1994 Chevy Astro van being driven on Lewiston Road by a driver who was consuming alcohol. Holler allegedly refused to submit to a breath test after being stopped.

Joel David Prouty, 25, of West Main Street, Batavia, is charged with criminal contempt. Prouty is accused of sending a letter to a protected person.

Shawn Richard McGiveron, 23, of Marble Road, Akron, is charged with criminal contempt, 1st, criminal mischief, 4th, and harassment, 2nd. McGiveron is accused of engaging in a fight with a protected person and damaging that person's property.

It was a big event last summer and it promises to be a bigger event in 2012, in large part because it's moving downtown.

The 2nd annual WNY Round-Up Rally will occupy Jackson Street and could bring thousands of bikers and motorcycle enthusiasts to Batavia.

"Everybody watched how the event came off last year and we approached the city this year they said, 'we want it downtown, we want people to see our city,'" said Dave Kasinski, who is organizing the event.

Jackson Street will be closed Aug. 10, 11 and 12 for the rally.

The event will include live music, food, vendors, games and, of course, lots of motorcycles.

"Being able to walk down a row of 100 bikes and see all of the different types and models and different do-dads, that's an event in itself," Kasinski said.

City Manager Jason Molino said city officials are very excited that the event is moving downtown (last year it was held at the Clarion Hotel) and praised Kasinski and his team as very organized and professional.

"If it's a nice day out, you could see thousands of people coming to downtown," Molino said.

The event falls a week before Summer in the City and Kasinksi said his organization is ensuring Summer in the City is also promoted on the rally's marketing material, and that the two events should work together well.

Kasinski said he hopes downtown businesses will sponsor and otherwise support the event, which he said would help tremendously in how it's perceived by vendors and attendees, which will help the event grow in future years.

Putting the rally downtown is important, Kasinski said, because it makes the event easier to walk and easier for people to get to and provides more amenities for attendees.

"Every rally we go to throughout the Northeast are held in downtowns," Kasinski said. "It's more convenient and it's easier to see a lot of stuff when it's all in one location."

Michael J. Hilton is lucky to be alive, one of his crime victims told him in Genesee County Court this morning.

Hilton admitted to second-degree burglary on March 14 and was in court today for sentencing. He received the maximum available under his plea deal: 10 years in state prison.

The 20-year-old Batavia and Le Roy resident broke into a home on Swan Street with accomplice Kurt Hawkins in September and the owner awoke to find Hilton in his room standing next to his gun cabinet.

"He didn't realize how close he came to dying that night," the local resident told Judge Robert C. Noonan. "I had a shotgun shell in my hand. I realized I couldn't get to my gun. I thought I would choke him, but I couldn't catch him. I'm glad I didn't because I would have had to live with that."

The resident said his daughter still has trouble sleeping at night because of the trauma of the break-in.

When Hilton was asked if he had anything to say, he turned and faced the victim and said, "I'm sorry."

As Hilton spoke, he began to tear up, and was sobbing as he addressed the victim's family.

"I sincerely apologize for what I put you and your family through," Hilton said. "I'm honestly sorry. I should have known better than to make the choice I made. I'm sorry.

"I'd also like to say to my family, I'm sorry," Hilton added. "I'm sorry for all the things I put you through. I know you don't need to be here now wasting your time for me because I'm nothing. I thank you for supporting me, for being here even though I don't deserve it."

Typically, defendants who apologize in court become indignant after receiving a harsh sentence from Noonan, but not Hilton. He continued to hang his head and wipe away tears.

After the hearing, the victim said he believed Hilton was sincere.

"I felt he was very remorseful," the resident said. "I almost felt bad for him just for a split second. That went away fast.

"I wish my wife had been here to see how he felt," the resident added. "She's just getting to where she can sleep at night. She didn't want to see him because when he ran out of the bedroom, he was this close to her, like you and I are right now. I wish she could have been here to see for herself."

Noonan agreed with the victim that HIlton is lucky to be alive.

"(The victim) said you came close to being killed and you know what, the law would protect (him) for doing that," Noonan said. "There's been lots of publicity about this case in Florida, but that is not your case. This is not a stand-your-ground case, because New York has allowed people to protect themselves in their own home forever. It has always been the right of a victim to kill an intruder."

Both Jerry Ader, Hilton's attorney, and Noonan noted that Hilton had a rough childhood.

"I don't know if you know this or not, but before I sentence anyone for any crime, including serious crimes like the one you're convicted of, I receive lots and lots of information about the person's background and history," Noonan said.

"It starts at birth and includes school records and medical records. Your story is a very sad story. You've had some horrible things happen in your life and I don't want you to think it's gone unnoticed."

But, Noonan said, considering the crimes Hilton committed, if not for that background, Noonan never would have allowed the plea deal Hitlon received. He would have required Hilton to face a jury and if convicted of the three possible burglary charges he could have been tried on, faced a much longer prison term than 10 years.

Before he left the courtroom, Hilton looked at his family members one more time and then hung his head and walked toward the door and out of the courtroom.

Years ago, O'Lacy's co-owner Kent Ewell was concerned about his customers getting tickets for parking overnight in the lot across from his pub on School Street.

Ewell marched down to city hall and complained and, he said, and the tickets stopped.

Now, they're starting again and he's none too happy about it.

"I don't think it's the right way to look at the situation," Ewell said. "Somebody has made a good decision not to drive and they get a ticket."

Bar owners downtown say it's not unusual for customers to have an unexpected drink, have one more than they planned, run into an old buddy leading to a later night, or have some other circumstance change, and find themselves walking home, taking a cab or getting a ride from a friend.

Derek Geib, co-owner of Bourbon & Burger Co. on Jackson Street, said he's worried that human nature being what it is, some people will make an incorrect calculation and risk a possible DWI charge, costing hundreds if not thousands of dollars, when confronted with the certainty of a $25 ticket.

"It encourages drinking and driving," Geib said. "They're going to do it every time because that's the way people think."

One of Geib's employees and one of his customers have received tickets so far.

City Manager Jason Molino stands by the city's decision to enforce downtown parking regulations. He said it's necessary to ensure transient trucks, RVs, abandoned vehicles and such don't clutter the parking lot, and during the winter, maintain control of what vehicles are in the lots.

He said so far there's been good compliance, with apartment tenants buying the necessary permits and fewer cars without permits being left overnight.

As for bar patrons, Molino said there is an appeal process and any patron receiving a ticket is welcome to submit the ticket to the city for review.

"Discretion will be exercised if needed," Molino said. "But I would suggest that somebody make better arrangements (when going to bars).

Ken Mistler, owner of the former South Beach and soon-to-be City Slickers said that's not good enough.

"I'm concerned because if a customer finds a ticket he's not going to say anything, he's just going to be discouraged from coming back," Mistler said.

According to Mistler, he's been told by the city that only cars that are seen in the lots on a regular basis but don't have permits will receive tickets, but even then, he said, that is still a potential problem with customers.

"I hope I have lots of repeat business," Mistler said.

Local resident John Condello has started a petition that will be presented to the city council at its June 14 meeting, he said. The petition is available at any downtown restaurant, he said.

A lot has changed in downtown since the current downtown parking regulations were written into law and city officials should reexamine the rules, Ewell said.

"They were written before there was an O'Lacy's, before there was a South Beach, before there was a Larry's," Ewell said. "There was only the Candlelight."

The price of the $25 ticket is about six gallons of gas at today's prices, Ewell said, which is just about the amount somebody might spend to get from Brockport to Batavia, or just enough to discourage a trip from out of the county to enjoy a night on the town in Batavia.

The bar owners we spoke with all believe the new enforcement effort is just an attempt by the city to generate more revenue.

"You can tell it is because there was no plan, no questions (of local businesses), they just started ticketing," Ewell said. "That just leads me to believe they said, 'let's just get the money.' "

Driving down Main Street late this afternoon, I spotted Ken Mistler, left, and Louis Kingsbury and a third person hauling a large painting down the sidewalk. I drove around the block and caught them pulling the painting through the Jackson Street parking lot.

Mistler is installing the painting -- this is one of at least three -- in his new restaurant, City Slickers, the former South Beach.

The consolidation task force has put in a lot of work and done a great job so far, but its work is far from over, said Town of Batavia Supervisor Greg Post.

Post was reacting to earlier reports that the consolidation effort has been delayed because the town has yet to pass a resolution asking the State Legislature to pass home rule legislation.

"It's a little premature," Post said, "but I don't want anybody to think they did anything wrong."

Post said the proposed city charter presented by the task for should be treated as a draft, adding that it needs to be reviewed, refined, reviewed, refined and reviewed and refined again before it's ready to be considered a final proposed charter.

"There's still work to be done," Post said. "They need to attend to the schedule. What it takes to do it right is what it takes."

Post explained that by the time the task force was formed, the effort was already behind schedule for the agreement approved by both the city council and the town board.

"This is an effort that was projected to take 12 to 18 months and it's barely been eight months," Post said.

Post stressed repeatedly during the conversation that he thinks the task force is full of talented people who worked hard to get the draft charter to this stage -- he doesn't want anybody to think they've failed in that effort, but the job isn't done it.

"It takes a lot of work to get something like this done," Post said.

The town supervisor said he continues to support consideration of consolidation, but no decision can be made on whether to support consolidation until the charter can be fully vetted, including ample public feedback.

Until that's done, he said, the State Legislature should not be asked to pass legislation to make a vote on consolidation possible.