Oakfield

Within days, the Town of Batavia will complete the purchase of 19 acres of land from the City of Batavia ostensibly to clear the way for a new courts facility.

The facility, the story line has gone, would enable the Town of Batavia to merge court functions with the towns of Oakfield and Elba.

What has been little known while this process has gone forward is that neither Oakfield nor Elba ever agreed to such a court consolidation.

In fact, the Oakfield Town Board voted several months ago to reject court consolidation with Batavia.

As for Elba, the board has never taken action to either approve or disapprove consolidation, but the town did apply for and receive a $10,000 state grant to remodel its court bench a year ago and invested another $5,000 of town money in other courtroom upgrades.

Greg Post, supervisor for the Town of Batavia, said that two years ago, when the project was first proposed, there was more momentum behind the idea of consolidation, but over time the other towns have shifted gears.

It's not even a project, he said, that he's paid much attention to recently.

"It's off the top of the pile of my (to-do) list," Post said. "I have a fire district contract to deal with, a budget, infrastructure issues, Alpina coming in. This is something that will be considered in time, but I have other projects to deal with."

Although it's not at the top of Post's to-do list, it is apparently high on the town attorney's list.

On Tuesday, Batavia City Manager Jason Moliono said he had spoke with the town's attorney that day.

"I've been corresponding with the attorney and everything seems to be in place for us to sign the purchase agreement in the next couple of days and then proceed to escrow," Molino said.

The town is paying $150,000 for the property and one of the conditions of the purchase is that the town build a $140,000 sidewalk on Park Road and Richmond Avenue.

At a time when the idea of consolidation between the town and city is still, at least technically, an unresolved issue, City Council President Marianne Clattenburg -- the only council member to vote against selling the 19 acres to the town -- questions why the project has proceeded as far as it has.

She had no idea until Tuesday evening that neither Oakfield nor Elba had signed off on a court consolidation proposal.

"The wise course of action is to put these plans on hold until the citizens vote on consolidation," Clattenburg said. "Why expend any amount of dollars on this until then?"

The city has a fairly new court in the Genesee County Court building on at 10 W. Main St.

Post said that with or without consolidation, the town needs a new court facility.  The current Town Hall, opened about seven years ago, is running out of office space, Post said.

The town board considered expanding the building, but decided it made more sense to build a new court facility.

"I feel strongly that unless something has changed that I don't know about, we will need to expand  space for our courts and it would be beneficial for our communities," Post said.

About the time the town was making its decision to build a new court facility, Post said he heard that Oakfield and Elba had talked about consolidating. He said it made sense to offer those towns the opportunity to move its courts to the new town court building.

In this same time period, Post said, he heard the chamber of commerce was looking for a new facility, so space was offered to the chamber as well.

The site selected is bounded on two sides by Park Road and just west of Oak Street. It's a wetlands area with an open pond popular with ducks and geese that is nearly hidden from view and hard for people to access. The city acquired the land from the federal government in 1968 and in order to get approval from the Veterans Administration to buy the land, the town had to agree to protect and mitigate the wetlands and build the sidewalks on Park and Richmond.

"We elected to make the purchase and offer the facility up to other communities as an opportunity," Post said.

While Oakfield Town Supervisor Micheal Cianfrini believes town court consolidation is likely and even beneficial, Oakfield, he said, will not consolidate with Batavia.

He said the town board decided Batavia wasn't a good fit with Oakfield. It would make more sense, he said, to consolidate with towns closer to Oakfield's size, such as Alabama and Elba.

A 6-year-old on a bike suffered minor injuries Sunday morning after striking a car pulling out of a parking lot on Main Street in Oakfield.

The child's injuries were minor enough that he was not transported to a hospital.

Hurt was Chase B. Guzdek, of Irving Parkway, Oakfield.

Chase was riding southbound on a sidewalk on Main Street at 10:21 a.m. when a car driven by Deanna S. Keenan, 49, of Fisher Road, Oakfield, was pulling out of a parking lot. Keenan looked past buildings to initiate a left turn.

Chase could not stop in time to avoid the car due to his speed, Deputy Chris Parker wrote in his report.

No citations were issued.

(Initial Report)

A pedestrian appears to not be seriously injured after being hit by a car outside the M&T Bank, 54 Main St., Oakfield.

The victim is conscious and alert and walking.

Oakfield fire and ambulance dispatched.

UPDATE 10:29 a.m.: Units responding non-emergency mode. Confirmed, minor injuries.

UPDATE 10:31 a.m.: Mercy Medic 2 put back in service. Victim will be transported to the hospital by private vehicle.

Barry L. Posey, 19, of West Main Street, Batavia, is charged with petit larceny. Posey was arrested following a traffic stop on a bench warrant out of the Town of Batavia Court. He was jailed on $2,000 bail.

Gina Lynn Schmidt, 22, of Forest Avenue, Oakfield, is charged with disorderly conduct. During an investigation into an unrelated matter it was discovered that there was an active bench warrant in place for the arrest of Schmidt. She was held on $175 bail.

The St. Padre Pio Parish in Oakfield held its fourth annual Oktoberfest on Saturday.

The daylong event featured BBQ pig, a beer tent, live music, a Halloween costume contest for the kids and a chance auction.

More than 750 people were expected to attend.

Anthony Nicosia Jr., of Oakfield, agreed to a plea deal in Genesee County Court today, admitting that he twice had sexual contact with a 16-year-old boy last spring in the Town of Oakfield.

The 55-year old Nicosia pleaded guilty to two felony counts of third-degree Criminal Sexual Act. Under terms of the deal, two counts of Forcible Touching and one count of Endangering the Welfare of a Child were dropped.

Nicosia has no prior felony convictions affecting this sentence. He faces up to eight years in prison on consecutive four-year sentences stemming from the charges, up to 10 years probation and must register as a sex offender.

An order of protection was logged for the 16-year-old victim. Nicosia remains imprisoned until his Nov. 23 sentencing. Bail is $15,000 cash or $30,000 bond.

UPDATE: I spoke with Judge Robert Noonan to get a definitive answer on the sex offender registration issue. Noonan says he almost always imposes fees -- like sex offender registry fees or DNA Databank fees -- at sentencing, in case the legal organizations that follow sentencing need to administer or re-administer those services.

For example, if a defendant has already contributed to the DNA Databank due to a prior conviction, that defendant will not need to go through the DNA Databank process again. The State Department of Corrections is later authorized to waive the DNA Databank fee imposed at sentencing.

So, Judge Noonan told Nicosia yesterday that he may impose the Sex Offender Registration fee at sentencing. Noonan says the fee may be required to reclassify sex offenders to a higher level. However (upon closer examination), Nicosia is a Level 3 Sex Offender, the highest level possible. Therefore, he cannot be reclassified to any higher level. So, even if the judge imposes the registration fee at sentencing, it would likely be waived later by the Department of Corrections.

Skyler Chiffon Perry, 21, of East Main Street, Batavia, is charged with trespass. Perry is accused of being at College Village at 2:15 a.m., Sept. 4, after previously being banned from the property.

Katherine Elizabeth Crist, 22, of Cobblestone Court, Holley, is charged with DWI, aggravated DWI, consumption of alcohol in a motor vehicle, speeding (75 in a 55 mph zone) and unlawful possession of marijuana. Crist was stopped at 9:10 p.m., Tuesday, on Route 262 in Elba by Deputy Brad Mazur.

Adam J. Pentycofe, 27, of Coe Avenue, Oakfield, is charged with DWI and driving with a BAC of .18 or greater. Pentycofe was allegedly involved in a fight in the parking lot of a local business at 1:41 a.m., Sept. 17. He was later stopped on Lewiston Road by Sgt. Greg Walker.

Jody B. Gillett is indicted on two felony counts of menacing a police officer, one count of criminal possession of a weapon, 3rd, and two counts of menacing, 2nd. Gillett is accused threatening, with a knife, two members of the Genesee County Sheriff's Office during an incident July 24 at 8 Pine Hollow Road. He is also accused threatening, with a knife, two other people in the same incident.

Grant A. Sundown Jr., is indicted on a count of DWI and aggravated DWI, driving with a BAC of .18 or greater and three counts of aggravated unlicensed operation. Sundown is accused of driving drunk on Lewiston Road, Oakfield, on April 7.

Paul Wapniewski is indicted on a count of burlgary, 3rd, criminal mischief, 2nd, and petit larceny. Wapniewski is accused of breaking into Delavan's Restaurant, 107 Evans St., Batavia, on May 6.

Jose A. Torres is indicted on two counts of criminal possession of a controlled substance, 3rd. Torres is accused of possessing cocaine on March 28 with the intent to sell it.

Charles L. Muntz is indicated on a felony count of DWI. Muntz is accused of driving drunk on Griffin Road, Alabama, on April 16.

Coming off two disappointing seasons and starting the 2011 season 0-2, it would be easy to dismiss a game against Oakfield-Alabama as a bye week, but as any coach in the Genesee Region will tell you, there's no squad in the league that can be taken lightly.

There's no telling if the Fighting Irish took the Hornets a little less than serious coming into Friday night's league match-up, but O-A's young players certainly made a game of it.

The final score was 29-14, but the Hornets were never really out of it until the final minutes, and at the half looked like a team that could spoil Notre Dame's early season perfect record.

"They're very well coached," said Notre Dame's head Coach Rick Mancuso. "Brian (Palone) is doing a great job. That (Tommy) Manzella kid is a terrific quarterback. They're tough, there's no doubt about it. They spread you out all over, they throw the ball. I give them all the credit in the world. I thought they played very well tonight."

Palone said his team is young. They let the game get away from them when Nate Woods returned a punt 50 yards for a TD, making the score 15-14 following a two-point conversion.

"That changed the momentum," Palone said.

While Manzella showed he could still march his offense down the field -- he passed for 192 yards on the night on 27 completions -- the Hornets couldn't finish the deal in the red zone.

"Overall I fell like we were right in there," Palone said. "Our kids were fighting hard just like we ask them -- 'give 110 percent.' We’ve got a lot of sophomores out there. We’re just very young this year, so we’re going to make mistakes, but we’re just going to learn from our mistakes and improve."

The scoring started in the first quarter when Nick Taylor capped a Notre Dame drive with a 16-yard run.

But O-A's no-huddle offensive helped the Hornets get the momentum back and the defense was being pretty stingy, twice intercepting Tim McCulley.

Two O-A drives in the second quarter ended in TDs -- a three-yard run by Manzella and a two-yard pass by Manzella to Chris Nanni.

By the fourth quarter, Notre Dame's running game was nearly unstoppable. 

Taylor finished the game with 87 yards on the ground on 17 carries. Nick Conklin had 82 yards rushing on 11 carries.

ND's two fourth-quarter TDs were a five-yard run by Taylor and Woods hauling in a 25-yard pass from McCulley.

McCulley finished with 107 in the air on 16 completions.

Mancuso said his young team played two great quarters to start each of their previous games and then "sort of frittered it away" in second halfs, but Friday the team played better in the second half than the first.

"With a young group of kids like we've got, that's what you expect," Mancuso said. "I want to get us to the point where we're playing four full quarters of football."

As for O-A, which was shut out three times in 2010 on its way to a 0-7 season, following a 2-5 campaign in 2009, Coach Palone is disappointed in his team's 0-3 start, but he said he's seeing progress for the Hornets.

"I feel like this program is heading in the right direction," Palone said. "Every day and each and every game you can see that we’re improving. We’re hanging right in there with these teams now, where last year and the year before we weren’t right in there with the games. They were breaking the games wide open. This year, we're right there."

A former Batavia resident who has had a few run-ins with the law the past couple of years is back in jail, this time with bail set at $15,000.

Robert J. Eppolito Jr., 29, of 61 Church St., Apt. #2, Le Roy, is being charged with one count of assault, 2nd.

Last night, Le Roy Police responded to multiple calls about a disturbance in the area of Bacon and Lake streets.

Eppolito is accused of striking another person several times on the head and face with his fists, knocking the victim to the ground and then kicking the victim in the face with his foot.

The victim reportedly suffered a possible eye socket fracture.

In September, 2009, Eppolito was accused of having sex in public with a woman and in a separate incident of slamming another woman against a wall.

Eppolito lived in Oakfield at the time.

In June, 2010, Eppolito was accused of endangering the welfare of a child and harassment, 2nd, while a resident on Maple Street, Batavia.

This past Monday, law enforcement officials were heard on the scanner chatting about Eppolito being released from jail that day.

Oakfield Fire Department is responding to a reported tractor fire at Lamb Farms.

The tractor is near a building.

A Massachusetts man will serve two consecutive six-year prison terms for having sex with two 14-year-old girls, one of whom he originally met while she was traveling with her mother in Florida.

Raymond E. Allard, 27, who admitted to two counts of second-degree rape on July 15, told Judge Robert C. Noonan today that he wasn't the kind of person who had sex with children. While Allard has convictions in Florida for burglary and grand larceny, he's never faced sex-crime accusations before.

"I was foolish and I'm willing to face whatever penalty is coming to me for my behavior," Allard said. "I'm sorry to the girls. I'm sorry to the families. I'm sorry to the court. I'm sorry to myself."

Noonan wasn't sympathetic.

"You are a child rapist, a serial child rapist," Noonan said. "For you to stand here and say you're not that kind of person -- you are exactly that kind of person. You are the kind of person who can't be trusted to be in the presence of another child ever again and it's my job to put you away for as long as I can."

Allard was originally indicted on 64 charges of rape, 2nd, and criminal sexual act, 2nd, and agreed to a plea guilty on two counts in exchange for capping his sentence at 12-years maximum.

He'll be on probation for 10 years when he's released from prison.

Allard was indicted in May, accused of having sex with two 14-year-old girls in November and December of 2010.

According to reports at the time, Allard met the mother of one of the girls while in Florida and followed her and her daughter back to Oakfield.

"The circumstances of this case clearly indicated that Mr. Allard is a predator of young girls," Assistant District Attorney Will Zickl said. "His relationsip with one of the victims began outside of New York State as the result of a chance meeting and was continued when Mr. Allard decided to come to this area and continue his grooming of this child for his own sexual purposes."

Zickl said Allard's statements in the pre-sentence investigation further implicated Allard as depraved.

Allard allegedly described one of the victims as "sexually aggressive" and an "overwhelming sexual creature."

"This is Mr. Allard's feeble and feckless attempt to put himself in the best possible light," Zickl said. "I would submit that it puts him in an even worse light because he's blaming a 14-year-old girl for his predation on her."

The mother of one of the girls spoke and said that Allard's actions caused a lot of damage to her relationship with her daughter and they've never really talked about what happened. She said all she knew was what she read in her journals before her daughter was placed in a foster home.

"I'm very angry, very hurt and very distraught about what happened to my daughter," the woman said. "He's done a lot of damage to my family. I don't think he should ever be around children again."

From kettle korn to pop music there was no end of reasons to be in Oakfield today for the annual Labor Day picnic sponsored by the Oakfield Betterment Committee.

Games, crafts, music, family fun and of course food will all be part of the festivities again Monday starting with a parade at 10 a.m.

If you have trouble viewing the slide show below, click here.

Village of Oakfield residents should brace for a couple of increases in their quarterly water bills.

The first increase will be 65 cents per thousand gallons of water. That 19.4-percent increase will take the rate from $3.35 to $4.

The increase, according to Mayor Rick Pastecki, is designed to eliminate a deficit in water spending for the village.

"Basically, we found out that our rates were so low that state officials were concerned we wouldn't be able to pay back our debt," Pastecki said. "Basically, we found through the process that our rates were considered extremely reasonable, which precluded any kind of grant money."

The village needs a low-interest loan -- which has been awarded, and a grant, also awarded -- for a new water tower and transmission line.

The current water tower is well beyond its useful life and the village has been able to secure a 2.5-percent loan and a $600,000 grant, but those funds will only cover a portion of the cost of the $3.4 million project.

And that cost -- though expected to be high -- hasn't been determined yet.

To pay for the tower, another water-rate increase will be necessary, according to Pastecki, but more calculations need to be done before he can estimate the potential second rate increase.

Information for this report courtesy of Geoff Redick of WBTA.

A man from Oakfield suffered minor injuries after his motorcycle struck a deer on Hutton Road, Oakfield, at 10:30 p.m., Thursday.

Following the accident, David Hendershott, 21, of Orchard Park Road, Oakfield, was transported by private vehicle to UMMC.

Hendershott was north on Hutton Road, near Duck Pond Road, on a 2008 KMCU when his bike struck the deer. Hendershott was thrown from the bike and the motorcycle came to rest on the east shoulder of the roadway.

The accident was investigated by Deputy Joseph Graff.