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Restoration work on the "Rocket Car," originally built in Batavia in 1938 by Charles D. Thomas and Norman Richardson, is under way at Dick McClurg's garage.

Top photo shows, the motor and a damaged fender have been removed.

McClurg found a 1938 or '39 flathead, so it's period-correct, in Lockport. The original engine (which wasn't in the car when it was purchased, having probably been replaced in the 1950s) was a 1934 or '35 flathead. The "new" engine is "turnkey ready," McClurg said. It just needs to be dropped into place.

McClurg has started removing the interior. The seats and windows are out. Next, and it will be tough, possibly, the dashboard.

The hood is off.

The seats are out. They will be sent to another shop to be reupholstered.

This picture may not show it well, but McClurg found an interesting innovation in the front "bench seat." Typically, a bench seat is one piece across the width of the car, that's why it's called a bench seat. The Thomas car is a two-door but had a rear passenger seat. McClurg figured Thomas designed the car with a rear seat, but not much thought that anybody would actually ride in it because it would be too hard to get to the back with the bench seat in place. What Thomas designed, however, was a partially hinged bench seat. On each end of the seat is a side wing that can be folded down or locked in place.

Previously:

• Group wants to restore and donate 'Rocket Car,' a piece of Batavia history, to the city
• Thomas Rocket Car back in Batavia where she belongs

An Attica woman who was arrested for attempting to bite an emergency room nurse and punching her several times in the stomach will spend at least a year-and-a-half in State Prison after pleading guilty this morning to attempted assault in the second degree.

In an unusual twist, she was also sentenced today.

Kerri L. Forsberg, 43, of Alexander Road, Attica, who appeared in court in a wheelchair, has medical issues that meant she couldn't be housed in any of the county jails Genesee County uses to hold female inmates. In those circumstances, the state will hold an unsentenced inmate, and at no cost to the county, said District Attorney Lawrence Friedman.

The difficulty, however, is that Forsberg was held in Bedford, and Genesee County deputies were required to take her back and forth between the prison and her court appearances.

So some of her appearances were actually waived, including her plea-cutoff. She was planning to take her case to trial, Friedman explained, but when she changed her mind and decided to take the plea offer, arrangements were made for Forsberg to enter her plea and be sentenced on the same day.

Friedman said the Probation Department was "great" for their handling of the expedited pre-sentence investigation. Investigators obtained the case file this morning, combined it with Forsberg's PSI from a previous case in Wyoming County, and were able to meet the deadline of 4 p.m. for the completed report.

Forsberg is eligible for release in one-and-a-half years, but could serve up to three years. She was sentenced as a second felony offender.

She was arrested in early July for attempting to bite a UMMC nurse and punching her in the stomach.

The driver in an accident in Bethany in February that claimed the life of an 18-year-old Genesee Community College student entered a guilty plea in County Court this morning to one count of second-degree vehicular manslaughter and DWI with a plea deal that caps her sentence to six months in county jail and five years on probation.

Hannah C. Dibble, 22, of Corfu, will also lose her driver's license and any vehicle that she might drive will be required to have an interlock ignition device.

After going through a series of alcohol-rehabilitation treatments, Dibble was scheduled to appear in court this morning with her attorney Benjamin Bonarigo on a hearing for motions to suppress some evidence in the case, but when the case was called, ADA Will Zickl told Noonan a plea deal had been reached in the case.

Dibble was at the wheel of a 1997 Chevrolet Geo on Feb. 21 when it crossed Route 20 at Molasses Hill Road, Bethany, and was struck by a semi-truck.

There were four passengers in her car at the time, including Alyson D. Krzanak, 18, of Corfu, who died as a result of injuries sustained in the crash. Suffering serious physical injuries in the collision Feb. 21 were James Scherer, 21, Brandon Danser, 22, and Felecia J. Fazzio, 20.

Bonarigo informed the court that Dibble remains in in-patient treatment and will enter a halfway house shortly after the first of the year.

The terms of the sentence are known as "shock probation," giving a defendant a taste of jail and five years of rules to follow and monitoring after release.

Sentencing is scheduled for Feb. 23.

After the case was adjourned, Judge Robert C. Noonan told Dibble, "I'm happy to see the recent report (on her progress), especially after the stumble you took early on, so keep on the right track."

Three men accused of assaulting another person April 29 on Holland Avenue entered guilty pleas in County Court this morning, though they did not admit to the actual crime.

Under an Alford plea, the defendants pled guilty because they believe a jury would likely convict them based on available evidence, but did not admit to the facts leading to the charge. 

The young men, Terrance M. Schramm, Terrence D. Johnson, and Leonard A. Johnson III entered guilty pleas to second-degree assault under terms that would cap their sentences of six months in jail and five years probation, a term known as "shock probation," which is intended to give defendants a taste of confinement and monitored terms of behavior following release.

The victim in the case suffered an orbital fracture and lost of range of motion in one shoulder, said District Attorney Lawrence Friedman.

Witnesses said they saw four or five young men beating and kicking the victim.

The victim identified the defendants as three of the people who attacked him, but the other possible attackers have not been identified.

Previously: Grand Jury: Three men indicted for first-degree gang assault

A car has gone off the roadway and into the trees on the westbound side of the Thruway, in the area of mile marker 400.5.

Unknown injuries.

Pembroke and Indian Falls fire departments along with Mercy EMS dispatched.

UPDATE 8:59 a.m.: The driver has called dispatch and said she is not hurt.

Stacy Bolles, wife of Officer Eric Bolles, shared this picture of a group of wives of Batavia police officers showing their support of their husbands' work.

"We want everyone to know that we stand behind our husbands and support them in their duty to protect and serve, even though sometimes it means sacrificing our time with them," Stacy said. "Families of police miss having them at the holidays so they can protect other families. We share a sisterhood being police wives and we all care for and support each other."

The first Foxprowl-Con at the Clarion Hotel was packed with energy and some interesting characters Saturday.

The event continues today. For more information, visit foxprowlcon.com.

Photos from Friday's opening of the Wonderland of Trees for 2015 at the Holland Land Office Museum.

A two-car accident is reported at West Main and Thomas Avenue, Batavia.

City fire and Mercy EMS responding.

There are believed to be minor injuries.

UPDATE 9:01 p.m.: City PD on scene, reporting no injuries.

A driver was trapped in his car after it went off the road in the area of 9186 Alexander Road, Batavia, just before 3 p.m.

Town of Batavia firefighters worked for an hour to extricate the driver, who was both trapped in the vehicle and trapped by limbs from a tree. He suffered only bumps and bruises and was transported to UMMC. 

The vehicle struck a mailbox and a blue spruce tree.

Info and photo provided by Mike Pullinzi.

A green SUV is on its side in the front yard of a residence at 7862 Byron Road, Stafford. 

Nobody is in or around the vehicle, according to a deputy who was on scene soon after the accident was reported. 

The vehicle is registered to a 26-year-old Batavia resident. 

Stafford fire responding. 

City of Batavia firefighters, members of IAFF Local 896, made their annual trip to Jackson School this afternoon to hand out winter coats to students who needed them.

The children received brand new, 100-percent American-made winter coats. The donations are part of a national effort sponsored by the not-for-profit Operation Warm.

The Clarion Hotel in Batavia will be filled this weekend with superheroes, space aliens, monsters and robots, all gathering to partake in Foxprowl-Con, the first local comic and collectables convention.

Bill Hume, owner of Foxprowl Collectables on Ellicott Street, is the lead organizer of the event, which he said could draw from 2,000 to 4,000 guests from all over the region.

The convention will feature more than 100 vendors and several celebrities from the world of comics and sci-fi/horror entertainment, including Mark Dodson, from Star Wars and Gremlins, Kevin Duhaney and Jeff Parazzo, from Power Rangers, Adam Minarovich from the Walking Dead, Steve Cardenas, from Power Rangers, and Tyler Green and Rashaad Santiago, from FaceOff, among others.

These photos are from this afternoon while vendors were setting up. The convention opens this evening and continues Saturday and Sunday. For more information, visit foxprowl-con.com.

It took the city's Zoning Board of Appeals more than 45 minutes Thursday to make motions, collect seconds and tally votes on five variances that clear the way for a new Dunkin' Donuts franchise on West Main Street, across from Redfield Parkway.

After a presentation by the project's engineer Kip Finley and comments from members of the public, all Redfield Parkway residents opposed to the project, it came time for the ZBA board to vote on the variance requests for parking, driveways, building placement and height.

Minutes would pass before a motion would be made, then a long pause before a second, and when the question was called, the votes came slow.

All of the variances were approved, but as Chairman Jeff Gillard confirmed later, the board wasn't really thrilled to be the final hurdle the developers need to clear to be able to proceed with the project.

"You can't go by emotion," Gillard said. "You've got to follow the law."

With no legal reason not to approve the variance requests, the board didn't have much recourse, even if they are sympathetic with the concerns of Redfield Parkway residents over potential traffic congestion in the area.

The traffic issues are not part of the ZBA's legal authority to consider.

On the fifth and final variance, allowing a 14-foot wide driveway to access the property from West Main, Board Member Emma Kate Morrill-Mahoney struggled with her vote. She's expressed concern that the angle still wouldn't prevent cars from trying to use it as an exit. The zoning code calls for a 20-foot wide driveway, but that width would probably make it even more likely that patrons would use it for an exit, causing traffic issues. So if Morrill-Mahoney voted no, causing disapproval of the variance on a tie vote, the driveway would have to be 20-foot. When she realized her vote would potentially only make matters worse, she decided to vote yes.  

The Redfield Parkway residents who spoke uniformly raised concerns about traffic congestion.

"What does Dunkin’ Donuts have against the better neighborhoods in Batavia?" asked Donald Fryling. "First they build at the end of Ellicott Avenue, now they want to build at Redfield. What’s next, a donut shop on Naramore Drive?"

A Dunkin' Donuts at this location, between Barrett's Marine & Sporting Supplies and Five Star Bank, was first proposed a year ago and that proposal was rejected by city planners. Finley met with city staff and fashioned a new proposal to address the concerns of the city and the residents. The building will be Cape Cod style in design to better match the homes in the area; it's frontage will align with Barrett's to be a little more urban and less suburban sprawl in feel; and the driveways will be narrower to better channel traffic in the directions that least hinder the flow of traffic.

All of these changes necessitated approvals for variances from the ZBA, and since they were good faith efforts by the developer to address concerns, the ZBA couldn't just arbitrarily reject them. 

Among the questions raised through the planning process is why Dunkin' Donuts in this location? Why not another location?

Franchisee Mike Mikolajczyk said it's simple, this location makes the most business sense.

"It's absolutely the best location we could have in the city," Mikolajczyk said.

There have been marketing studies and traffic flow studies and all of the data singles out this location as the best one currently available among all other options.

"It's a great intersection, a great area, that's why everybody wants to be there and that's why it's busy, and that's where Dunkin' goes, a busy area," Mikolajczyk said.

Finley said the next step in the process is completing the architectural drawings and completing the purchase of the property.  The earliest the new shop could be open is prior to Christmas 2016.

Since a donut shop isn't a destination type of business, but a business that captures existing traffic, it's important to be where the traffic is, Mikolajczyk explained, and since it's not a destination, it won't add to traffic congestion, as some neighbors fear.

"I've visited with people in the neighborhood and they all have my phone number," Mikolajczyk said. "I don't' want to be a bad neighbor. I don't want to have people hate me before I even get in there, so I'm doing my best to be a good neighor and be a good businessman and asset to the neighborhood."

One reason the location is important to Mikolajczyk is that his current location -- on the corner of Ellicott Avenue and West Main -- does a great job of capturing eastbound traffic. It doesn't capture a lot of westbound traffic, and the new location will do that, he said.

Asked why this location instead of something on East Main, and Mikolajczyk kind of smiled. That may be coming, too, he said.

Photo by Nicole Tamfer; info submitted by Diane Bonarigo.

Jackson Primary School students and staff decorate Jackson's Community Caring Tree for The Wonderland of Trees at HLOM. Jackson students created ornaments in Art class of many different people and organizations that help the school each year. Some of the ornaments included, firemen, police officers, volunteer readers, military personnel, bus drivers, dentists, Cornell Cooperative Extension reps,  and JAHA.

The students were reminded through this project how much the Batavia Community cares about the children. (First picture) Brock Bigsby, Nolan Wright, Connor Malone Wesley Fisher, Carleigh Miller, Ryan Bigsby, Lauren Nelson,  and Reese Koukides, Mrs. Bonarigo, Mr. Sloan, Mr. Calandra, Mrs. Mundell, Mrs. Koukides, Mrs. Nelson, Mrs. Clark, Mrs. Tamfer, Mrs. Bigsby, Mrs. Torrey.

The Wonderland of Trees opens tonight with a gala starting at 7 o'clock.

Two people were arraigned on drug dealing charges in County Court on Wednesday, following their arrests on warrants the night before.

Information on the investigation leading to their arrests has not yet been released.

Charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a narcotic drug with intent to sell, both Class B felonies, is Donnie Armstrong, 43, of East Main Street, Batavia. Armstrong is being held on $10,000 cash bail or $20,000 bond.

Also charged is Laura L. Fletcher, 41, of Holley Street, Lockport. She is charged with criminal sale of a narcotic drug and criminal possession of a narcotic drug with intent to sell. Her bail is $10,000 bash or $20,000 bond.

It's unknown at this time if the cases are related.

UPDATE 3:50 p.m.: The arrests of Donnie Armstrong and Laura L. Fletcher were made after the conclusion of an investigation into the sale of "crack" cocaine in and around the City of Batavia, according to a press release this afternoon from the Sheriff's Office. The investigation was done by the Genesee County Local Drug Enforcement Task Force -- comprised of officers from the Sheriff's Office, Batavia Police NET and Le Roy Village PD. The task force was also assisted in the investigation by state Parole and the DA's Office.

Press release:

Law/Chestnut Street between South Jackson and Walnut streets in the City of Batavia will be closed to “local traffic only” during the day today due to a water line repair. It is not expected that water service will be interrupted or affected.

County government is moving toward passage of a budget for 2016 that holds the line on the tax rate for local propety owners.

Wednesday, the Ways and Means Committee recommended approval of a $27,199,344 spending plan that keeps the tax rate $9.86 per thousand of assessed value for 2016, the same as 2015.

With increases in assessed value throughout the county, that rate will still provide the county with an overall growth in the tax levy by $323,051.

County Manager Jay Gsell said the county was able to trim off three cents from the original 2016 proposed rate by keeping the belts tight on government appropriations.

"We basically said to all the departments and agencies of county government, particularly the outside agencies, 'No increase in funding requests, and to the county departments, we want you to hold the line as much as possible,' " Gsell said.

It helps, Gsell said, that the state has capped how much it demands from the county for the local share of Medicaid funding. In each of the past two years, the county hasn't been asked to pay more than $9.3 million. In the past, that number would go up 8 percent or more each year, Gsell said.

The budget includes a full year of anticipated deficit spending to keep the county nursing home operating, though the Legislature anticipates the county will be out of the nursing home business before the close of 2016. There is a purchase offer in place with a private company that will take over operations and ownership of the property.

The spending plan includes appropriating about $2 million from the county's fund balance (or general fund cash reserves). That's a smaller draw on the fund balance than previous years. Primarily, spending fund reserves is a way of smoothing the county's cash flow throughout the year. It helps maintain the nursing home and covers beginning-of-the-year shortfalls while the county waits for property tax payments to roll in. In the previous years of fund-balance spending, the county has still finished the year in the black and at the end of 2014 the reserves stood at $10.5 million.

The budget process has gone well, said Ray Cianfrini, chairman of the Legislature, because the legislators, on the whole, want to be responsible about how they handle taxpayers' money.

"I think it's fair to say the mindset of most all of the legislators is pretty fiscally conservative and we're very conscious of the fact that we're elected by the public and we want to make sure the public is getting the best bang for the buck," Cianfrini said.

It was a priority to hold the line on the tax rate, Cianfrini said.

"Nobody likes to raise taxes unless it's necessary and the first thing we always look for in the budget process is 'Are we able to hold the rate down?' " Cianfrini said. "Last year we had a reduction of 16 cents per thousand, so I think going into this year's budget our mindset was we would prefer not to raise taxes."

Holding the line meant asking department heads to keep down spending, not hire more staff, postpone some projects or equipment purchases. Even so, Cianfrini said, county residents will still get a responsive, functioning county government.

"I personally feel this budget meets all the needs of the smooth operation of the county government," Cianfrini said. "Now, if we talk to the department heads, I'm sure the department heads would love to have more personnel, certainly. Talk to the Sheriff, talk to other people in different departments, would they like more? Yeah, absolutely they'd like more, but it comes with a cost. They all seem to be willing to work within the budget we presented."