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The game wasn't pretty, the play wasn't perfect, but Batavia High School showed a good Class A team what it's made of, what Batavia football has always been about, Head Coach Brennan Briggs told his players after the game. 

Grit. Determination. Never surrender. 

The Blue Devils played their hearts out, never giving in even after the Wilson Wildcats overcame a two-TD deficit in the first half to tie the game and threaten to take it over.

The final score was 34-28, and the game was just that close.

"It's a big win for them," Briggs said after the game. "I preached all week we were going to play a good Class A team. It was going to be a close football game and we're going to see what we're made of, and I think we showed, we're a pretty good football team, but we still have a lot to work on."

Coming into the season, with Blue Devils, returning Section V champs for Class B, were ranked #1 in a Section V coaches poll, but Briggs downplays the chatter about his team as a lot of hype.  He doesn't buy into it and he doesn't want his players getting caught up in it either.

"I absolutely hate the hype," Briggs said. "I just like us worrying about Batavia football, getting better every single week. If we put together a great football game, and we play our A game, I think we can definitely make a run, but with that said, any given moment, there's injuries and bad breaks and bad bounces and if we don't play a perfect game anybody can knock us out on any night."

A lot of the credit for Friday's win goes to the defense.  Face with a lot of short field challenges, the defense usually held together.  Briggs said the team has instituted a special red zone unit and that's been a key to Batavia getting tougher when their backs are against the goal line

"A lot of teams think, ah, they're within the five-yard line, the other team is going to score," Briggs said. "Our guys take pride in that unit. It's a special unit. They take pride in not letting the opponent get in the endzone."

Wilson benefitted from some turnovers and some questionable penalties, but the Blue Devils never gave in even as the favorable breaks helped Wilson keep the score tight.

"I was confident all night, the way our defense was playing that we could get the stops as long as we were ahead of them," Briggs said.

Senior QB Greg Mruczek was 14 of 27 for 228 yards and five TDs.  Ryan Hogan had four receiptions for 102 yards and two TDs. Trevor Sherwood caught six passes for 64 yards and a TD.  Anthony Gallo, four receptions, 70 yards and two TDs. Dom Mogavero, 12 tackles. Danny Williams, 11 tackles and a forced fumble, Ray Leach, seven tackles. Adonis Davis six tackles and an interception. Clayton Gorski, six tackles, including a sack.

Batavia is now 3-0 to start the season. Wilson falls to 2-1.  Next up for Batavia, Edison Tech at home. Game time, 7:30 p.m. on Friday.

To purchase prints of photos, click here.

Sheriff's deputies and Batavia PD State troopers are in the area of Office Max on Veterans Memorial Drive and the Batavia Downs parking lot on Park Road looking for a possible criminal suspect, perhaps for shoplifting at a nearby store.

One subject is apparently in custody and the second suspect may have been spotted, but not yet apprehended.

The only description we have at present is that he was wearing a white shirt that was tucked in and he untucked it when he started running.

UPDATE 3:30 p.m.: The suspect reportedly attempted to leave a store with about $930 in merchandise.

UPDATE 3:22 p.m. (By Billie): The shoplifting suspect being pursued by law enforcement is believed to have crawled inside a drain pipe by Kohl's department store on Veterans Memorial Drive. They have called the Town of Batavia Fire Department to the scene the help apprehend the man. He is described as white, wearing a black short-sleeved, V-neck shirt, having on sunglasses, dress slacks and black sneakers. He is said to have both arms heavily inked with nearly complete tattoo "sleeves."

UPDATE 4:05 p.m.: The suspect is believed to have stolen goods from Kmart.

Photos by Howard Owens.

UPDATE 4:23 p.m.: The suspect is in a drain pipe tunnel. Here responders are trying to communicate with him from a manhole in the parking lot. They are yelling down to him. If he's still down there, he's not responding.

UPDATE 6:17 p.m.(By Howard): At the time I left the scene, 45 minutes ago, the subject still hadn't been located. We have no update since. Here are more photos. We'll provide updates as new information becomes available, but we won't have anybody at the scene for the rest of the incident.

UPDATE 6:30 p.m. (By Billie): Mercy medics are called to stand by at the scene per law enforcement.

UPDATE 8:13 p.m.: The suspected thief is in custody and at the time of his arrest suffered from mild hypothermia. The assignment is back in service.

UPDATE 8:35 p.m.: Here's a statement from Sheriff Gary Maha issued in response to a query from Howard at 8:24 p.m.: "Two deputies went down into the drain pipe and found the guy. They pulled him out and he was unresponsive at first. He would have died down there. Taken to UMMC. A press release is being prepared by the Sergeant."

UPDATE: Video shot by Dan Fischer, WBTA ((NOTE: we replaced the original version of the video we posted with a new version from WBTA))

The suspect is identified as Wayne L. Rinker, 30, of Shadowwood Lane, Webster. He's facing larceny and conspiracy charges. He was taken to UMMC by Mercy EMS. The deputies who crawled through the storm drains to locate him were Chad Cummings and Michael Lute. They located him barely conscious. The deputies secured a rope to him and he was brought to the other end of the pipe, about 100 feet away, where Deputy Rich Schildwaster and Sgt. Thomas Sanfratello were located. He was pushed and pulled to an opening where he was lifted out. Assisting the Sheriff's Office at the scene were NY State Police, Batavia PD, COR Plaza security personnel, Town of Batavia Water Department, and Greg Post of General Services (providing the sewer camera).

On at least two occasions in recent days, local residents have confronted unwanted guests in their homes in Batavia.

In one case, a suspect was arrested, but in the other, where items were actually stolen, the case remains under investigation.

In the case where an arrest was made, the break-in was reported on The Batavian as it happened and police soon took 53-year-old Stacey Williams into custody. Williams is charged with criminal trespass.

He is accused of attempting to enter the Washington Avenue home of Rich Richmond, a candidate for City Council.

The second case we heard about from the resident who had her wallet stolen.

The woman and her husband became aware of the intruder and her husband was able to tackle him, she said, but then he got loose. Her husband chased him in his car, but lost him on Jackson Street. He came across three Batavia PD patrol vehicles on Jackson, but the woman isn't aware what the police did from that point.

Chief Shawn Heubusch said that case is under investigation, but no arrest has been made.

The woman said the suspect matches the description in the Washington Avenue case, but Heubusch said investigators don't believe at this time that the cases are related. 

The woman said her home was broken into about 4:30 a.m., Wednesday.

"I live on the Southside of town and I would like for my friends and neighbors who live on that side to just be aware," the woman said. "This guy obviously had to be hyped on drugs as he walked right past my husband laying on the couch and walked right through the kitchen, which had lights on, to my dining room, where my purse was located, and our bedroom was off to the side from that -- a very bold individual and we don’t know if he is still out there or not."

Heubusch said he is unaware of any similar criminal complaints in the past few days.

Vic Marchese, owner of Main St. Pizza Company, on East Main Street, Batavia, stands in front of the opening of the commercial space next to his business where workers are busy remodeling so Marchese can add more space to his popular restaurant.

The front part of the restaurant will feature a sliding window system, called a nana system, that will allow open-air dining when weather permits, but a closed dining area when it gets cold.

With his plans recently approved, Marchese just ordered the windows, which will take six to eight weeks to arrive. Marchese is optimistic the new space will open in January.

The restaurant will expand by about 2,000 square feet and include additional interior dining room space, as well. The dining room and the pick-up counter will have separate entrances, which will help people get in and out of the restaurant faster.  

Marchese is also expanding the kitchen.

The Landmark Society of Genesee County is presenting awards to five local buildings for preservation or restoration work at its annual dinner tomorrow night. Dinner tickets are $15 and it starts at 6 p.m. at the Elba United Methodist Church.

The five winners are:

• Tender Loving Care: Adam Miller Toy and Bicycle, 8 Center St., Batavia
• Restoration: residence at  5211 Watson Road, Elba
• Tender Loving Care: Cornell Cooperative Extension , 420 E. Main St., Batavia (top photo)
• Interior Preservation: Corfu Grange, 73 Alleghany Road, Corfu
• Tender Loving Care: residence at 32 Tracy Ave., Batavia

(Photos by Howard Owens, except interior of grange hall)

Press release:

This year’s honorees have each spent decades preserving and maintaining their historic properties. Their conscientious care has improved their neighborhoods and helped preserve our county’s architectural history for future generations.

Adam Miller was the second owner of the building that houses Adam Miller Toy and Bicycle store at 8 Center St., Batavia. He owned and operated the store for over 30 years before passing ownership to his children, Joyce Masse and A. Gary Miller, in the late 1970s. They still own the building today, but in 2002, sold the retail business “Adam Miller Toy and Bicycle” to John and Cathy Roche. The distinctive neon sign was installed in the mid-1950s on the front of the building and was restored in the 1990s. The Miller family and the Roches are being honored for the Tender Loving Care they have given this beloved Batavia landmark.

When Michael and Alison Riner bought and inhabited their Greek Revival farm house in Elba, it was quite dilapidated. The home had been vacant for years and didn’t even have running water. One vision, 20 years, and a lot of construction later, it is now a charming, immaculate home for their family. The Riners have ingeniously blended original architectural features with modern conveniences.    

For over 60 years the Cornell Cooperative Extension of Genesee County has taken excellent care of this historically and architecturally significant building that houses their offices. The Tender Loving Care they have given their 1820s property has greatly added to the streetscape of Main Street, Batavia.

Charles and Mary Brenner have spent over 30 years maintaining and restoring their “Princess Anne” style home on Tracy Avenue in Batavia. They have performed all of the work themselves and it has truly been a labor of love. They stripped all of the paint from the interior woodwork to reveal the natural beauty of the wood. Using a palette of eight different colors, the home’s exterior has been painted so that its unique features stand out.

Corfu Grange #142 was founded in 1874 and the meetings were held in the homes of its members. In 1914, the Grange purchased the Universalist Church. Then in 1939, the building was moved across the street to the present location. The curved beadboard ceiling and original gaslight fixtures are notable features of this well-preserved interior space.

32 Tracy Ave., Batavia

5211 Watson Road, Elba

Adam Miller Toy and Bicycle

Corfu Grange

Dewey Towner came up a winner again (he's previously won the Harley Raffle), this time in a Take 5 contest of the New York State Lottery. Towner bought his winning ticket at Northside Deli. Owner Dave Stupp, on the right, said it's the largest single jackpot to come out of his store so far. Towner is holding his winner's receipt. He's expected to get a check from the lottery for just over $21,000 (less taxes).

Some 100 veterans and family members departed from the Batavia Downs parking lot this morning with Assemblyman Steve Hawley and his staff for Hawley's annual Patriot's Trip to Washington, D.C.

Press release:

Beginning Thursday, Oct. 1, ALDI, the nation’s low-price grocery leader*, will offer grocery shoppers a smarter alternative as the select assortment discount grocer reopens two Buffalo-area stores, located at 587 E. Main St. in Batavia and 1900 Ridge Road in West Seneca. Known for its premium ALDI exclusive brands, ALDI offers high-quality grocery items at incredibly low prices.

To celebrate the reopening of the newly renovated Batavia and West Seneca stores, ALDI will host ribbon-cutting ceremonies at each store at 9 a.m. on Thursday, Oct. 1. The public is invited to attend. Customers can also tour the store, receive free eco-bags and enter an on-site sweepstakes for a chance to win a year’s supply of ALDI produce. ALDI currently carries more than 90 varieties of fruits and vegetables, including several organic produce items.

“We are pleased to showcase the new look of ALDI with these updated stores in Batavia and West Seneca and continue to help customers stretch their dollars,” said Aaron Sumida, Tully division vice president for ALDI. “As important as price is, there’s only one way to attract and keep shoppers: You have to have quality products. When people try our ALDI exclusive brands, they are excited by the savings and impressed by the quality.”

With higher ceilings, improved natural lighting and environmentally friendly building materials – such as recycled materials and energy-saving refrigeration and light bulbs – the stores will offer customers a simple and easy-to-navigate shopping experience.

In addition to the stores’ new looks, ALDI will bring shoppers a wide range of new, healthier options like organic produce, USDA Choice beef and the SimplyNature line of products, free of artificial colors, flavors or unnecessary enhancers. ALDI also recently introduced its liveGfreeTM gluten-free product line.

ALDI challenges customers to switch from national brands to its exclusive brands and save up to 50 percent** on more than 1,300 items the store carries. To ensure its exclusive brands meet or exceed the national brands on taste and quality, ALDI conducts rigorous testing on all products. ALDI stands behind this quality with a Double Guarantee: If for any reason a customer is not 100-percent satisfied with a food product, ALDI will gladly replace the product and refund the customer’s money.

ALDI exemplifies efficiency by eliminating overhead costs through smart practices, such as a cart rental system through, which shoppers insert a quarter to release a cart and receive the quarter back upon the cart’s return. Other cost-saving practices include a smaller store footprint, open carton displays and encouragement of customers to bring their own shopping bags.

ALDI also saves shoppers money by keeping stores open during prime shopping times. The remodeled locations will be open from 9 a.m. to 8 p.m. Monday through Friday and from 9 a.m. to 7 p.m. on Saturday and Sunday. ALDI accepts cash, debit and EBT/Quest cards.

Over the next several years, ALDI plans to add an average of 130 new stores each year, expanding the ability to bring grocery savings to more people every day.

The difference between the six-foot limit on a fence in the Town of Stafford and the actual height -- whatever it is -- of the fence James Pontillo built on his property is enough to reduce the sunlight falling on the neighboring building, according to Stafford's Zoning Board of Appeals.

That's based on science, said Chairwoman Crista Boldt.

Sort of.

"If we had a scientist come in and measure the amount of daylight that's given to that property next door it would make a difference, just like people in Wyoming when they measured when they put wind towers in Warsaw and they studied how the flicker effect would affect the house, because of the rotation of the Earth and the sun orbiting the Earth it would affect it," Boldt said, "the amount of light."

The reduction of light -- however much that might scientifically be -- would create an "undesirable change," according to ZBA board members.

For that, and other reasons we'll get to, the ZBA voted unanimously to deny Pontillo an area variance for his fence.

An area variance is a tool in New York code enforcement guidelines that gives local officials the ability to allow property owners to make physical changes to structures and property that might otherwise be prohibited by law.

There are five criteria zoning boards use when deciding whether to grant an area variance.

They are:

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. 

In this case, the ZBA found the extra foot, two feet or three feet -- depending on who is doing the measuring and where -- would mean less light would reach the neighboring property.

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. 

Yes, the board found Pontillo could build a six-foot-high fence. That would block people in cars and most people standing from seeing over the fence. As for Pontillo's stated goal of building a deck on the back of his building, which is part of the historic Four Corners District, well, Pontillo hasn't even applied for a permit for it, so Boldt indicated she wasn't interested in considering it as a criterion on this point.

Whether the requested area variance is substantial.

As a matter of measurement then -- depending, again, on who is doing the measuring and where --  the extra height, as a matter of percentages, is from 15 to 30 feet higher than the six-foot fence Pontillo could build without a variance.

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

James Balonek piped up on this one and said yes, because of the sunlight and the airflow.

The reason for denial Boldt wrote down on the ZBA's form was because granting a variance could impact future decisions of the board and reduce the ability of the code enforcement officer to enforce the law.

Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.

Boldt read the objection and immediately said it was because Pontillo built the fence. Then she wanted to know from the code enforcement officers when they issued a stop-work order to Pontillo. That led to a discussion with Pontillo and his attorney about the timeline of events.

According to attorney Peter J. Sorgi, Pontillo sought a variance for a fence, was denied, decided to build a different fence and was told by town officials that a fence of six feet or less didn't require approval or permits, so that's what Pontillo set out to build. When the fence, which is in plain view of Town Hall, was nearly complete, Pontillo received a stop-work order and immediately complied.

That's a set of facts nobody in the room explicitly disputed.

Boldt wrote on the ZBA form that the difficulty was self-created.

When Boldt first started going through the criteria, Balonek raised the first objection and said the requested variance would create an undesirable change because it goes against code.

Sorgi pointed out, "that's why you have variances." By that definition, he said, no variance would ever be granted.

Boldt told Sorgi, "We've been trained that it's extremely hard to get a variance."

Press release: 

The New York State Department of Transportation today announced the bridge that carries Route 20 over Oatka Creek in the Town of Pavilion, Genesee County, is being closed for repairs today, Sept. 16, while bridge workers make repairs. The bridge is expected to reopen by Friday, Oct. 2.

The structure is located about a half mile west of Route 19.

A detour will be posted using State Route 19 and State Route 63.

This bridge is being closed following a recent inspection that identified significant steel deterioration.

A caller reports a group of men going door-to-door on Lewiston Road claiming to be a construction crew with leftover asphalt they're looking to unload.

We first reported similar activity involving a group of Gypsies hitting the area in 2010.

The men are reportedly in a white pickup truck and moving in the direction of the city.

A trooper has been dispatched to check the "suspicious condition."

Taken this morning from Assemblyman R. Stephen Hawley Drive, just off the Genesee Community College campus.

The Town of Stafford Zoning Board of Appeals meets tonight to discuss the fence James Pontillo erected on his property.

The board's regularly scheduled meetings are for the third Monday of the month. This month, that should have been Sept. 21, but we've been informed the meeting has been moved to 7 o'clock tonight.

Related: after last night's Stafford Town Board meeting, the board passed a resolution authorizing town attorney Kevin Earl to take all steps necessary to enforce code compliance issues against James Pontillo. The resolution retroactively approves any actions taken by Earl.

Here's a PDF of the full resolution.

All of those trees that were trimmed by contractors for National Grid that have been called mangled and butchered will be removed, says City Manager Jason Molino.

They will be cut down, the stumps ground down to sawdust and new trees -- trees that won't grow as tall and cause problems with power lines -- will be planted in their place.

"I think we have a wonderful partnership with National Grid and how that's demonstrated is the fact that we've been able to work out an arrangement that we can partner with them to remove some of these trees," Molino said after Monday's City Council meeting.

A little more than a year ago, Batavia PD installed a surveillance camera on State Street near Hutchins Place, but Chief Shawn Heubusch said that a year's worth of use hasn't produced enough data to say if it's worthwhile for the city to invest in more such cameras for other locations.

There have been no criminal convictions resulting in use of the camera.

"A lot of times we look back and review footage and see if somebody is involved or not involved (in an incident)," Heubusch said. "It's always good to take a look back when you have video evidence of something."

Heubusch wouldn't reveal whether the camera's feed is regularly monitored, if whole periods of time are regularly reviewed, or if it's only reviewed in the case of specific incidents reported.

Making light of his reluctance to discuss that point, he said, "I don't know if I want to give any secrets away."

The camera was installed in August 2014 because that particular area had been a source of numerous calls for police service in the proceeding months.

Asked if he'd like more cameras, Heubusch said, "we're still evaluating this one."

"It's been up about a year," Heubusch said. "I don't know if that's the perfect time frame for an evaluation period. If it proves its worth, then yes."

The department also has available for patrols a number of body cameras, but not enough for every officer to wear them on every shift.

While body cameras have been touted in the national debate over police conduct, Heubusch said that's not why he wants his officers to wear them.

"The whole premise for my bringing body cameras to the City of Batavia was to collect evidence," Heubusch said. "It wasn't to monitor my officers. I don't think they need that. What it (the camera) does is collect evidence that can subsequently be used at trial or a proceeding so the officer's recollection is always there. You have it in black and white."

For most of his life, Gary Harkness has been collecting the curios of Genesee County. A locally produced bottle here, a knickknack there, anything, really that could be tied to his home community.

This collection, of course, includes pictures, lots and lots of pictures, from rare photos to unique posters and advertising broadsides.

GO ART! has helped Harkness curate this collection into a show at its Batavia gallery for the month of September.

There is an open house for the show at 5 p.m., Friday.

A local man was charged with unauthorized use of a vehicle after a car he allegedly took from a relative was identified as a vehicle involved in a drive-by shooting in Rochester.

The State Police did not release details on the Rochester case, which is being investigated by the police department there.

Arrested and jailed on $1,000 bail was Ryan M. Bobzin, 26, of Byron. 

No further details released.

A decades-long practice of spreading septic waste on farm fields in Stafford, which drew criticism from a local environmentalist earlier this year, will continue for at least another year with the approval Monday of a permit by the town board.

A.D. Call applied for a renewal of the permit for spreading of septic waste -- human waste -- on two fields north and south of Route 5.

In April, Attica resident John Volpe raised the issue with the Town of Stafford Board, claiming that the Calls were bringing in waste from surrounding communities and dumping amounts in excess of the permit's permitted limits.

Gerald Call said his farm has stayed within limits set by the town – 25,000 gallons per acre per year.

Only one resident raised any objections at Monday's meetings.

She raised concerns that the state Department of Environmental Conservation doesn't have the manpower to monitor the spreading of human waste and that if the Town of Stafford permits it, it becomes the responsibility of the town to inspect the practice. Supervisor Robert Clement said he's spoke with the DEC and the agency has been clear with him that it's not the town's responsibility. 

"Like I said, I have timely, up-to-date e-mails from the DEC and I would be happy to share them with you," Clement said.

The Town of Stafford became the first local community to ban hydrofracking within its borders with a 4-0 vote of the board on Monday night following a public hearing where every speaker supported the ban.

Fracking involves using hydraulic force, with a mixture of water, chemicals and sand, to extract gas from shale. The technique is controversial. Opponents believe the process generates soil and water contamination.

"This is the wisest, the safest and the best thing to do for our community for many years to come," said resident Judy Manly.

Another speaker, who didn't provide her name, said it was up to Stafford to protect itself because the town can't count on the legislature or governor to ban it and current state Department of Environemtnal Conservation regulations could easily be overturned by another administration.

"Passing this law in our town is a safety measure that we absolutely need," she said.

Three years in the making, the law prohibits extraction, exploration, storage of wastes, and other activities in connection with underground injections for petroleum or gas production within the Town of Stafford limits.

The Kwik Fill at Jackson and Ellicott streets is closed for a few days -- with work starting yesterday -- for the lot to be resurfaced. The cement and asphalt is being completely removed and replaced. A worker said they expect the store to reopen by Thursday, though work will continue for a few more days after that.