batavia

During a budget workshop Wednesday night, the occasionally controversial Batavia Development Corp. received across the board support from members of the City Council.

Up for discussion was the $110,000 the city provides to the BDC to fund its operations, including paying the salary of Economic Development Coordinator Julie Pacatte.

Councilman Al McGinnis opened the discussion suggesting that while it might be OK to fund BDC this year, he would like the funding reviewed next year.

By the end of the meeting, however, McGinnis backed off that request because he learned funding for BDC comes from the video slot machine proceeds paid to the city by Batavia Downs.

"As long as it's the VLT money, that's fine," McGinnis said after the meeting.

He said he doesn't have a problem with the BDC and likes the work Pacatte and the board of directors are doing. He would just like to see a more detailed, nuanced regular report from the BDC on its projects.

At that point, Councilwoman Kathy Briggs jumped in and said the BDC regularly emails council members about its projects.

As for residents who are sometimes critical of the BDC, she thinks more of them are excited to see what's coming, and once the two in-progress breweries open up, that will help validate the work of the BDC in the eyes of a lot of people.

"Once they start seeing something, they’re going to get excited," Briggs said. "They’ve been hearing it for so long and they ask when, but when they start seeing a little progress, they’re going to get excited."

Both during the meeting and after, Councilman Paul Viele said the money the City is providing the BDC is money that is being well spent.

"For the $110,000 that we’re giving them, we’re getting a bang for our buck," Viele said. "You see what the result is. It’s great for the city. Whatever we can do to help them, let’s move forward."

During the meeting, Councilwoman Rose Mary Christian questioned why BDC's budget was $125,000 last year. Interim City Manager Matt Worth explained that $15,000 was added to the budget because of some anticipated environmental remediation. It turned out that work wasn't necessary, the money wasn't spent and it was moved back into the general fund.

Worth also provided a short history of the BDC, which dates back a couple of decades. At one time, Ed Flynn, now a consultant working on the Downtown Revitalization Initiative for the state, worked for the city handling economic development. The BDC received federal funds to establish a revolving loan fund. After Flynn's position was eliminated, the BDC board and the loan fund remained but with nobody to administer it. That led to some problems with collections on the loans. A coordinator's position was created both to help with the administration of BDC functions, but also to pursue economic development opportunities.

Since then, during Pacatte's tenure: several new market-rate apartments have been added to the downtown residential stock; the Carr's Warehouse has been converted into a mixed-use complex; a developer has been secured for the former Della Penna property and the Santy's Tires property; and soon the J.J. Newberry building will become the Eli Fish Brewing Company with the FreshLab restaurant incubator as part of the project.

Councilman Adam Tabelski expressed concern that talk of defunding the BDC could hamper the BDC's relationship with developers and other development partners, creating uncertainty about the BDC's continued operation.

"It perplexes me that this matter is even coming up as a topic," Tabelski said.

Christian asked about the BDC's contribution to the city winning the region's Downtown Revitalization Inititiviative contest, with its $10 million prize for economic development, and Council President Eugene Jankowski said that Pacatte assisted in the application process plus the fact that the city has the BDC, as well as the Batavia Business Improvement District, gave the city more points to help in its winning score.

The budget workshop started off with a discussion about funding a part-time staff position at the youth bureau. In the past, the position was filled by a member of AmeriCorps but the Federal government has eliminated AmeriCorps.  

The County's Youth Bureau Director Jocelyn Sikorski, who operates the city's youth bureau program as part of a shared services agreement, said the job is critical to the operation of the youth bureau. 

After a discussion about the importance of the programs the youth bureau provides to give children in the city, especially children from poorer homes, constructive activities and meals, the council voted to fund the position.

"We pay now or we pay later," McGinnis said. "And if we pay later, we pay dearly."

The council also addressed the topic of a spray park on the south side of the city. On Christian's request, with council support, Worth said staff will work up a report on the cost of the smallest possible spray park in Farrall Park, just to give council members of an idea of what it might cost, not that the spray park will be located there or be a park like the one in the report.

In today's dollars, the Austin Park spray park would cost $500,000.

Tabelski said Albion is building a small spray park for a couple hundred thousand dollars.

The current spray park uses about six million gallons of water each summer. To picture that much water, he said, imagine filling and emptying the water tower over by the VA Center four times.

The city buys that water at a wholesale price.

JW Hardy III told Judge Charles Zambito today that the only reason he entered a guilty plea in the brutal and nearly fatal assault by a group of men against a lone victim on East Main Street in Batavia in July is that he thought it was the best way to minimize any potential prison term.

Zambito sentenced Hardy to 10 years in prison, the maximum sentence under terms of the plea deal.

"I took this plea to get home quickly to my family," Hardy said. "I'm sorry for what happened to the victim but I didn't do it. I'm innocent."

Zambito said there was a witness who identified Hardy, who didn't deny being at the scene, as one of the attackers. 

He then explained that even being an accomplice, if not an actual attacker, exposes Hardy to the same criminal liability as if he was sufficiently involved.

"I have to recognize the magnitude of your involvement in a brutal assault that almost killed a man," Zambito said.

District Attorney Lawrance Friedman offered a brief description of the scene first responders found when they arrived. The victim was bloody from multiple stab wounds, including one that severed and exposed his bicep. He noted that one of the responding police officers -- Arick Perkins -- received community recognition for his quick action in applying a tourniquet that saved the victim's life. 

"If not for his actions, this, of course, would be a murder case," Friedman said.

Because there were multiple people involved in the assault, Hardy was charged with, and admitted to, a gang assault felony.

Defense Attorney Marty Anderson said that Hardy is a good father to three children, ages 2, 3, and 4. He has been a good father, he said, even though he is the paternal father to only two of the three being raised by their mother.

He also noted that while Hardy had a prior gang assault charge, that was 15 years ago and the charge was reduced to a misdemeanor. The other blemish on Hardy's criminal record is one that was granted youthful offender status.

Even though police believe multiple people joined Hardy in the attack on the victim, there has only been enough evidence so far to charge Hardy and Anthony Spencer, 26. Spencer's case is still pending and he appears ready to take his case to trial.

There were at least four people in the courtroom in support of Hardy, who was not in custody prior to his sentencing. As he was led away by deputies, Hardy, a big but soft-spoken man, waved to them and said, "I will be all right."

       Steven Vega

A 25-year-old Rochester man was sentenced in Genesee County Court today to three to six years in state prison for robbing the Bank of America branch in Batavia in July.

That was the max sentence available to Judge Charles Zambito under a plea agreement for Steven R. Vega. Without the plea agreement, Vega could have been sentenced to three-and-a-half to seven years.

The 25-year-old Vega was a bit tongue-tied when given a chance to speak before he was sentenced, admitting he had made a lot of mistakes in his young life.

"I recognize my mistakes," Vega said. "I accept what happens in my life is what happens. I don't know what else to say. I accept full responsibility."

Vega entered a guilty plea in County Court to robbery in the third degree on Dec. 13.

Vega is already serving a two- to four-year term on another charge and is facing additional prison time for charges in Monroe County.

"He is still a very young man at 25 years old," said his public defender, Lisa Kroemer. "It is obvious he has not gotten off to a particularly good start in life. Drugs seem to be fueling his deviance."

She suggested a shorter sentence given his young age and the prison term he is already serving, and likely to serve on the Monroe County charges, to give him a better chance at turning his life around.

District Attorney Lawrence Friedman argued that given the record he's already amassed and the seriousness of the crime, Vega was already given a substantial break with his plea deal. Zambito said he agreed with that assessment.

Press release:

Independent Living of the Genesee Region (ILGR) has long worked to assist residents of Genesee, Orleans and Wyoming counties (GOW) who are dealing with homelessness, through the Homeless Alliance of Western New York (HAWNY). ILGR is pleased to announce that Dai Nguyen has joined their staff in the position of HAWNY Program Specialist.

For those who might be unaware of them, Nguyen is inviting representatives of human service or government agencies that are likely to encounter clients who are homeless, at risk of homelessness, or have problems securing housing, to an ongoing series of GOW Continuum of Care meetings.

These will be held on the third Thursday of every other month, from 10 to 11 a.m., beginning March 15^th.  Under HAWNY sponsorship, they take place at the Main Office of ILGR, 113 Main St. at Center Street, Suite 5, in Batavia.

While the gatherings are primarily open discussions on the needs of the homeless, likely topics include updates on:

• The U.S. Department of Housing and Urban Development (HUD)'s Continuum of Care (CoC), a program designed to promote community-wide commitment to the goal of ending homelessness;
• The Homeless Management Information System (HMIS), a database that keeps track of homeless people;
• Rapid Rehousing, HUD's model for alleviating homelessness;
• Grant applications;
• Housing updates in GOW;
• Plus new events and services. 

In addition, attendees can get assistance with HMIS training, HUD procedures, and the multifaceted, non-for-profit PathStone's programs, so that their clients can access these services as soon as possible.

The third Thursday dates set for 2018 are: March 15^th, May 17^th, July 19^th, Sept. 20^th, and Nov. 15^th.

While encouraged, registering in advance is NOT required to attend. To RSVP or ask questions on the event, please call Dai Nguyen, at (585) 815-8501, ext. 417. 

Independent Living of the Genesee Region (ILGR) is a member of the Western New York Independent Living Inc. family of agencies that offers an expanding array of services to aid individuals with disabilities to take control of their own lives.

An accident involving three cars and a semi-truck is reported at Oak Street and Richmond Avenue in the city; unknown injuries. City fire, police and Mercy medics are responding. Traffic control will be needed.

UPDATE 4:33 p.m.: The driver of the white sedan pictured above told police they couldn't stop in time and rear-ended a car in front of them, causing a chain reaction ending when a semi was struck by the third car. The drivers of the white sedan and the third car were transported to UMMC with complaints of pain. An investigation is pending.

A BOCES student is suspected of making threats of violence at the Batavia campus and he is currently undergoing a mental health evaluation in Buffalo.

The name of the student is not being released and he has not been charged, though Chief Deputy Jerome Brewster said that if there is sufficient evidence for charges against the youth, he will be charged.

Brewster said local law enforcement takes these kinds of threats seriously and will act on them when they come to the attention of local officials.

"We're still trying to pin down what he said and to whom," Brewster said. "If anyone is going to make such threats about something they're going to do at a school, they are going to get arrested."

Superintendent Chris Daily confirmed he was made aware of the threats and notified local law enforcement.

"We look into any kind of threat and work with local law enforcement to make sure it is not credible, and if it is we act accordingly," Daily said. "We take any threat very seriously. The safety of our students is of utmost importance."

It's unclear if the student made verbal threats or if he had written anything down. Brewster said investigators are still looking into it. 

Daily said he was only aware of statements the student reportedly made at BOCES.

Brewster characterized the threats, based on information available so far, as vague threats to hurt students with no reference as to how he would do it.

The youth is somebody with prior criminal charges.

Batavia PD was notified of the alleged threats and has offered to assist in the investigation, Chief Shawn Heubusch said.

It's important, Brewster said, for parents, teachers, fellow students, and others who come in contact with somebody making threats against schools to notify authorities.

"Unfortunately, we live in a day and age when the rule is, if you see something, say something," Brewster said. "Police can't act on anything if they don't know about it."

Raymond C. Cook, 47, of Clinton Street Road, Bergen, is charged with harassment, 2nd. Cook is accused of holding the arms of another person during a fight reported at 6:17 p.m. Thursday at a location on Center Street, Batavia. Also charged with second-degree harassment is 28-year-old Rae C. Cook, of Clinton Street Road, Bergen, who is accused of striking another person several times in the face and head. Lyndsay J. Wilcox, 33, of Center Street, Batavia, is charged with second-degree harassment, too. Wilcox is accused of hitting another person.

Ronald P. Dixon Jr., 39, of Pearl Street Road, Batavia, was arrested on a warrant for alleged failure to appear in City Court. Dixon was remanded to jail.

Jason L. Johnson, 35, of Autumn Chapel Way, North Chili, is charged with criminal use of drug paraphernalia, 2nd. Johnson was allegedly found in possession of drug paraphernalia during a traffic stop by Officer Stephen Cronmiller at 10:08 p.m. Wednesday on Walnut Street, Batavia.

Cody A. Eaton, 28, of Otis Street, Batavia, is charged with two counts of burglary, 2nd, two counts of petit larceny, and two counts of criminal contempt, 2nd. Eaton was arrested following a report of a domestic dispute at 11:31 a.m. Feb. 13 at a location on East Main Street, Batavia.

James John Bachorski, 49, of Weber Avenue, Oakfield, is charged with possession of a weapon on Genesee County property. Bachorski allegedly possessed a cutting instrument during a meeting at the Genesee County Probation Office, in violation of Genesee County municipal law.

Joseph Martin Blatchley, 40, of Pratt Road, Batavia, is charged with falsifying business records, 1st. Blatchley is accused of removing and altering business records from a business on Oak Street while employed there.

Joseph Earnest Marr, 39, of Nesbitt Road, Attica, is charged with criminal contempt, 2nd. Marr is accused of violating a stay away order of protection.

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Laura Del Carmen Vazquez Coronado, 38, of North Byron Road, Elba, is charged with DWI, unsafe backing, moving from lane unsafely, driving on the shoulder. Vazquez Coronado was charged following a motor-vehicle accident reported at 7:06 a.m. Thursday on North Byron Road, Elba. The accident was investigated by Deputy James Stack.

Devon Robert Peters, 23, of Franklin Street, Batavia, is charged with unlawful possession of marijuana, driving a vehicle without an inspection sticker, and failure to notify DMV of an address change. Peters was stopped at 9:26 a.m. Sunday on Route 33, Bergen, by Deputy Kyle Krzemien.

Joseph Earnest Marr, 39, of Nesbitt Road, Attica, and Jenna L. Josephite, 29, of Main Street Road, Batavia, are charged with endangering the welfare of a child. Marr and Josephite are accused of using cocaine while in the presence of a 1-year-old child before driving the child from Attica to Batavia while under the influence of drugs.

Douglas Brian Uberty, 45, of North Main Street, Warsaw, is charged with unlawful surveillance, 2nd. Uberty is accused of using a mobile phone to take pictures under the clothes of a person while at Walmart.

Earlier this week, both the boys and the girls Alpine Ski teams finished in ninth place at the sectional championships at Bristol Mountain in what Coach Matt Holman described as a deep Class A field.

For the boys, top finishers for were Brandon Bradley (33rd in Slalom, 38th in Giant Slalom), Zack Wagner (35th in SL, 43rd in GS) Alec Wagner (40th in GS), Matt Grover (41st in GS), Ryan Bowen (36th in SL, 47th in GS).

For the girls, top finishers were Aubrey Towner (30th in SL, 31st in GS) and Lily Whiting (38th in GS).

Holman said Batavia has had a ski team since 1991 and he's encouraging more students to participate.

"With the Olympics in full swing," he said, "if anyone who is a student in the Batavia Middle or High School is interested in learning more about ski racing can contact Coach Matt Holman by emailing him at mholman@bataviacsd.org."  

If you are not a Batavia City School District student and interested in ski racing, contact your school's athletic director. In the past Notre Dame High School and Elba Central Schools have been represented in the Southern Tier Race League and have trained with the Batavia Ski Team.

A garage fire is reported at 17 Porter Ave. City fire is responding. The location is between West Main Street and Washington Avenue.

UPDATE 6:23 p.m.: Fire is out. Mercy medics responding to a victim with burns on his arm(s).

UPDATE 7 p.m.: According to Lt. Greg Ireland, City fire, a small box was on fire in the garage and the resident had it 95 percent out when firefighters arrived. A fire investigation team from City fire is investigating the cause of the fire. The resident was transported to UMMC for treatment.

Deputy Ryan DeLong talks about the decision-making process during stressful, emergency situations that people might encounter during a Civilian Response to Active Shooter Events class at St. Paul Lutheran Church this morning.

More than 100 people attended the class, which covered a range of emergency situations, with an emphasis on active shooters, and how people can safely and intelligently respond during such events.

For more background information on the class, click here.

If you missed the class, Frank Klimjack, a Batavia police officer, will present a class called "Do I Need A Bodyguard?" at Grace Baptist Church, 238 Vine St., Batavia, at 6:30 p.m., Feb. 25. Klimjack is a police defensive tactics instructor.

David Fitzpatrick, the author of "Emory Upton: Misunderstood Reformer," spoke about his book and what he learned about the Civil War officer who was born and raised in Batavia while researching and writing the book.

At 10 a.m., Fitzpatrick will participate in a panel discussion with local historians at Genesee Community College in the Conable Technology Building, room T119.

Previously: New book corrects the record on Emory Upton's attitude toward the military and the Republic