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Accident reported in area of Route 19 and West Bergen

By Howard B. Owens

A traffic accident is reported the area of Lake Street Road and West Bergen Road with a vehicle accident off the road and an unresponsive male in the vehicle.

The caller is a passerby who could not identify the location precisely and dispatchers could not plot his phone location.

Le Roy fire and Le Roy ambulance responding.

UPDATE 10:06 a.m.: A vehicle has been located on Route 19 just north of Orcon and the driver reports no injuries. A trooper on scene also reports the driver is fine. Le Roy police and Le Roy fire continuing to check the area just in case but the pickup truck located matches the description. Le Roy is holding its equipment in quarters.

UPDATE 10:11 a.m.: Le Roy back in service. Le Roy ambulance back in service.

City Council discussion focuses on ways to handle neighborhood disturbances, violations

By Mike Pettinella

City Councilwoman Rose Mary Christian says the City needs to get tough with landlords and homeowners when disturbances that put employees in jeopardy arise, but just how to proceed can be complicated.

That was the gist of a discussion among council members, a city attorney and the police chief at Monday night’s Conference Meeting at City Hall.

“I’m tired of policeman getting hurt and firemen being threatened,” Christian said, referring to several incidences in recent months where police have had to be called.

She also called for harsher local ordinances that deal with grass mowing, trash, home maintenance and vehicle storage – even outlining a plan that would start with a warning, escalate to a $500 fine and court appearance, and ultimately putting the matter into a judge’s hands.

“We need to hurt them in their pocket; we just don’t do enough,” she said. “If we start hurting them in their pocket, we’ll get somewhere.”

It isn’t as simple as that, however, said Council President Eugene Jankowski.

“I think we tried this before (holding the landlord responsible),” Jankowski said. “But evicting is a 30- to 60-day process, and then the renter goes ballistic and trashes the place. We have to arrest the resident.”

Attorney David Fitch, filling in for George Van Nest, said he felt the discussion “was conflating some different things” since code violations are handled differently than criminal violations.

“With code enforcement violation, as the city attorney we would prosecute, but can’t hold the landlord responsible,” he said. “The goal … is to get compliance – paint their houses, cut the lawns, take care of the trash.”

Fitch said if residents don’t respond, “judges in City Court have no problem issuing a hefty fine, up to $250 per day.”

Chief Shawn Heubusch mentioned a program where landlords can check into the backgrounds of potential tenants and also get a description of what took place at the property.

“At our last community meeting, we talked about landlord licensing,” he said. “People in dangerous situations won’t call police if they think they will get fined.”

Heubusch said he “understands where you’re coming from,” in response to Christian, “as our guys live it every single day.”

Jankowski noted the many delays in processing violations, but Christian said it goes beyond that.

“If there are drugs (involved), we can take possession of property. If the landlord is aware of possession of drugs or dealing, they can bring the landlord to court,” she said.

“We need something that has an effect on our community. I would hate to go through another summer like we had this year.”

Jankowski said that landlords can evict tenants when a crime is committed in their house, while Heubusch said cooperation from neighbors is a key component in cleaning up illegal activity.

Council referred several draft resolutions to its Business Meeting on Dec. 10, including:

-- Lead agency status in the State Environmental Quality Review determination and subsequent zoning change ordinance for parcels comprising the St. Anthony’s Church campus on Liberty Street and Central Avenue.

The zoning designation, stemming from a request from City Church (owners of the property), will be changed from R-3 Residential to C-3 Commercial to allow for business activities, including a proposal to move the Batavia Youth Bureau there.

“These are the final steps of the zoning change,” said Matt Worth, director of public works, who oversaw the issue while serving as interim city manager.

-- A local law to amend the City’s municipal code to make Thorpe Street a one-way street for southbound traffic only between Watson and Maple streets.

During a brief public hearing last night, Watson Street resident Ken Wolter said he hoped that the change works and asked Council to consider making Watson Street off of Evans Street one-way as well.

-- The extension of one-year – through Dec. 31, 2019 – three agreements with Genesee County concerning water supply, operation and maintenance, and facilities lease while leaders work on a longer-term contract in conjunction with a long-term sales tax agreement.

Worth said the extensions contain “minimal changes,” most notably the county charging the city an additional 60 cents per 1,000 gallons – up from the current 60 cents per 1,000-gallon surcharge – to help fund capital projects to increase the water supply.

Also, as far as the lease of the city’s water plant to the county is concerned, the new agreement would transfer it to the county once the plant is no longer being used.

“By doing this, it would not be a liability to the city in the future,” Worth said.

He also said he plans to talk to county officials about including a lead services clause in the water supply agreement.

-- Acceptance of a New York State Education Department grant for $10,000 and a State Aid Recreation Program grant for $1,000 to assist with the start-up of the Teen City project, a joint venture of the United Way of Genesee County, Genesee County YMCA, City of Batavia and City Church.

-- The transfer of $585,000 in unallocated funds to several restricted funds per recommendation of the City Audit Committee.

“Funding reserves now for future liabilities, equipment, infrastructure and facility improvements has been, and will continue to be, critical in avoiding larger tax burdens in future years,” Lisa Neary, deputy director of Finance, wrote in a memo dated Nov. 21.

The resolution calls for reserve funds to be increased as follows: $150,000 to DPW; $25,000 to Sidewalk; $75,000 to Administrative Equipment; $5,000 to Police Equipment; $40,000 to Fire Equipment; $10,000 to Dwyer Stadium; $50,000 to Facility; $80,000 to Compensated Absence; $50,000 to Workers Compensation; $75,000 to Retirement; and $25,000 to Parking Lot.

-- A new three-year lease (through April 1, 2022) with the New York-Penn League for the use of Dwyer Stadium for the league-owned Batavia Muckdogs.

The proposed lease is consistent with the most recent lease and calls for a $25,000 capital investment by the City into the facility annually, said Worth, who noted that league officials have yet to respond to the City’s draft of the lease.

Worth said the league paid for field and clubhouse improvements last season and continues to pay all utilities. He said that $80,000 is in the current Dwyer Stadium reserve fund.

DRI funds available for downtown property owners to make improvements

By Howard B. Owens

Press release:

The Batavia Development Corporation (BDC) announced today that applications for a $600,000 Building Improvement Fund are available to all building owners within the Batavia Improvement District (BID) as part of Batavia’s Downtown Revitalization Initiative (DRI).

Batavia is “All In” to reshape its urban core by embracing and celebrating its rich entrepreneurial history, fostering cultural appreciation and creating vibrant places for all to enjoy.

In alignment with the Batavia Downtown Revitalization Initiative (DRI) Investment Strategy the city will seek to foster more arts, culture and entertainment; healthy living and wellness; and prosperity for all.

“As co-chair of the DRI Local Planning Committee I am pleased that this building improvement fund is moving forward, and building owners interested in making investment can receive assistance through the $600,000 fund,” said Eugene Jankowski, City Council president.

The Building Improvement Fund was recommended as a priority by the DRI Local Planning Committee and included in the Batavia DRI Investment Strategy. Filling vacant and underutilized structures has been a common goal across many of Batavia’s planning documents including the Brownfield Opportunity Area (2015), the City’s Comprehensive Plan (2016) and the Downtown Revitalization Initiative (DRI) Investment Strategy (2018).

“The DRI is an amazing economic development tool to improve Downtown Batavia, help new businesses start-up, and existing ones thrive,” said Marty Moore, City of Batavia manager. “I will be working hard to ensure that we continue to support our local businesses and building owners.”

“The DRI Local Planning Committee is committed to seeing the recommended projects move forward in downtown Batavia,” said Steve Hyde, president and CEO of the Genesee County Economic Development Center (GCEDC) and co-chair of the DRI Local Planning Committee. “These are exciting times for Batavia, and the County, with so many investments in transformational downtown projects.”

Building owners selected for grants will be awarded between $10,000 (minimum) up to $200,000 (maximum) in DRI grant funds, per building, not to exceed 60 percent of the total building renovation project cost.

The funding is on a building-by-building basis and “in-kind” match is not eligible. Costs incurred prior to the effective date of the grant agreement are not eligible for reimbursement, and not eligible as a match.

“The fund has been established to provide grant funding for applicants to implement interior and exterior building improvements in Batavia’s BID. Buildings must be commercial and/or mixed-use structures, have a plan ready to implement and funding to cover the cost of the entire project up-front,” said Pier Cipollone, president of the Batavia Development Corporation.

Eligible activities including façade improvements, window/door repair and replacement, painting, masonry repair, awnings, building signs, exterior lighting, storefront upgrades, roofs, and interior upgrades (heating, plumbing, electrical, walls, floors). Applications are due by 4:30 p.m. on Jan. 18th.

Rachael Tabelski, director of Economic Development of the BDC said, “The BDC is looking forward to working with Downtown building owners, understanding their plans, and finding ways to advance improvements and renovations. With each new building that we save and repair there is an enormous social and economic impact on our City.”

Leanna DiRisio, interim director of the Downtown Batavia Improvement District said, “I look forward to working with BDC and the Downtown building owners as interim director. I am confident that the Building Improvement Fund is a great resource and will increase the momentum of downtown living, shopping and entertaining."

The BDC will host an information session about the Batavia DRI-Building Improvement Fund on Tuesday Dec. 18th at 9 a.m. in Council Chambers at City Hall. All building owners are welcomed and encouraged to attend.

Guidelines and the application can be found on the BDC website here.

CountryMax announces return to Batavia at former Office Max location

By Howard B. Owens

Press release:

CountryMax announces it will open a new Batavia store in 2019, in the former OfficeMax building located at 4160 Veterans Memorial Drive. The new Batavia location will become the 17th store operated by the local, Western New York family-owned business.

The 23,000-square-foot store will showcase multiple custom-built, wood-themed interior elements reflecting local history, as well as climate-controlled small pet rooms, a wild bird center, and more than 2,000 square feet of premium, healthy foods for dogs, cats, and pets of all shapes and sizes.

In addition to the massive selection of healthy pet options, the new location will feature a large selection of barn and stable feed and supplies, as well as an expansive lawn and garden offering for all seasons.

Additional features will include a “Scrub House” self-serve dog wash, special events room, and a custom-built wood lodge filled with homesteading products; beer, wine, cider, and cheese-making kits; housewares; gifts and novelty items.

CountryMax will be celebrating 35 years in 2019. It has grown by being known as the neighborhood store that can compete with competition both big and small, with prices and selection consumers have come to demand, as well as a customer service experience that goes above and beyond traditional expectations of today’s retail stores, such as their full carry-out service for purchases big and small.

“We were extremely disappointed when we shut our doors in our previous Batavia location because we knew that our customers in Batavia were so loyal in a location that did not fully showcase what we have developed our stores to be over the years,” said Brad Payne, director of sales. “Once we found the right opportunity, it was really just a decision on our part to give the Batavia community the 'true' CountryMax experience that we have been working on in our new locations.

"I think anyone who shopped with us in the past knows we have a huge, unique selection of products that fits the Batavia area, and they are going to be thrilled to see the amount of time, effort, and work that goes into creating the new CountryMax store experience.”

CountryMax, in business for more than 34 years, now operates 17 locations across New York State.

Possible house fire reported on Townline Road, Bergen

By Howard B. Owens

A possible house fire is reported at 7431 Townline Road, Bergen.

The residents are evacuating.

Bergen fire and Le Roy fire dispatched.

UPDATE 11:32 a.m.: A chief on scene investigating.

UPDATE 11:36 a.m.: Chief on scene reports possible insulation on fire from soldering. It appears contained at this time, responding units to continue. Churchville is also responding.

UPDATE 11:38 a.m.: Checking for extension.

UPDATE 11:44 a.m.: Units not yet on scene "can take it easy coming in," Chief says.

UPDATE 12:13 p.m.: Bergen and other assignments back in service.

Person struck by forklift in Elba

By Howard B. Owens

A person has been struck by a forklift at a location on Transit Road in Elba.

The victim is having trouble breathing.

Elba fire and Mercy EMS responding.

Mercy Flight is unavailable due to weather.

UPDATE 9:44 a.m.: Elba fire is back in service.

UPDATE: The patient was transported by ground ambulance to Strong, according to the Sheriff's Office. There is no further information available at this time.

Structure fire reported at Kaiser Wilcox in Bergen

By Howard B. Owens

A working structure fire is reported at Kaiser Wilcox Corp. at 7062 S. Lake Street Road, Bergen.

The fire has gone to a second alarm.

Bergen fire, Le Roy fire, City of Batavia's Fast Team dispatched. South Byron requested to fill in at Bergen.

City fire's third platoon requested to the station.

The company sells and repairs heavy construction, power and farm equipment, and lawn mowers, plus it sells supplies for them.

UPDATE(S) (By Billie) 11:06 p.m.: Mercy medics are called to the scene in non-emergency mode.

UPDATE 11:12 p.m.: Mutual aid is requested from Churchville, Mumford, and Brockport.

UPDATE 11:17 p.m.: "We could use more help," says fire command. The assignment has gone to a third alarm. A firefighter reports there is now fire in the second story of the building. Rehab for firefighters is being established.

UPDATE 11:21 p.m.: Elba is called to fill in at Bergen's fire hall. Command calls for electricity to be cut. One engine from Caledonia is asked to fill in at Le Roy Fire Hall.

UPDATE 11:30 p.m.: Due to a number of hazards present, Chili's rescue unit is called to the scene.

UPDATE 11:37 p.m.: Fire command has ordered all interior firefighters out of the building out of concern for their safety. "Be aware we have a steady flow of diesel fuel going into the water mixture here," reports a firefighter.

UPDATE 12:08 a.m.: National Grid has arrived to shut off the power.

UPDATE 12:32 a.m. (By Howard): An emergency management coordinator has asked dispatch to have a DEC representative call him.

UPDATE 12:37 a.m. (By Howard): Photos added, the only two I could get from the road. We weren't allowed in to get more photos. The chief, we were told, wouldn't be available to interview for an extended period of time. We'll try to get more information about the fire in the morning. There was no smoke showing at the time I left, and a minute ago there was discussion on the scanner of the fire investigation starting.

UPDATE 1:08 a.m.: Elba is responding to the scene. Earlier, Wyoming County Correctional Facility was unable to secure a crew to respond and assist with equipment pickup.

McMurray concedes election, promises to continue fight, run again

By Howard B. Owens

Statement released by Nate McMurray:

Good afternoon,
 
Nearly all the votes have been counted and Chris Collins will be returning to Washington to represent the people of New York’s 27th Congressional District. After discussing the matter thoroughly with counsel and weighing our options, we believe it’s in the best interest of this community to end this chapter and move on to the next.
 
I offer Mr. Collins my concession.
 
It was a hard decision. Part of me wants to fight. I can’t just smile and pretend this was all fair. And so my concession comes with a warning. Mr. Collins, you won by the slimmest of margins (less than half a percent), in a district designed to ensure anyone with an “R” next to their name, even an indicted criminal, could win a decisive victory.
 
Still, you almost lost. To win you had to resort to extreme measures—lying about me and my family, hiding from the media and the people you represent, and refusing to face me in the time-honored tradition of a public debate. Your strategy was by your own admission cowardice and partisan politics.
 
So I will be watching. We will all be watching. We are not going anywhere.
Together, with countless supporters across this district and throughout the country, we built something special. We ignored the naysayers and fought like hell for what we believed in.
 
We learned that at the grassroots level, the people have the power to break the political machine when we work together. We had the largest partisan swing of any first-time state or federal candidate in the country and one of the largest swings period. Together we set the foundation for incredible things to come.
 
We built this movement from the ground up via potlucks and picnics. I’m proud that we did this with little to no outside support. We raised over $1.2M in primarily grassroots donations in just over 3 months. Our campaign funds came from mechanics and farmers, school teachers, office workers, students, and senior citizens. There are few feelings more humbling than to have someone squeeze your hand at a campaign appearance, and tell you, “I just donated five dollars to your election. It’s all I can afford.”
 
For the first time in a very long time, the people of the 27th District felt that their voice was heard and that their vote mattered. My heart will not permit me to abandon those wonderful people.
  
So today, I am proudly announcing that I am forming an organization called Fight Like Hell. Fight Like Hell will be a voice for those thousands of Western New Yorkers who feel excluded, disenfranchised, and apathetic -- those who continue to reach out and ask what they can do, what’s next.
 
We want to take what we’ve learned and the tools and resources we’ve gathered and pay them forward by empowering more good people to run for office. I want more people to understand who their local leaders are (and how they can hold them accountable). Among other things, we will host Town Halls where residents will have a chance to share their voice, whether or not your Congressman thinks it’s important for you to do so or continues to hide
  
Beyond that. Mr. Collins' future in Washington remains murky. He says that he will finish his term, but as we know, Mr. Collins is not the best at keeping promises. Let me say it here first: when the time is right, I will run for office again.
  
I have met a lot of disappointed people since the election. I have felt a great deal of sadness. But be of good cheer. We are not what Mr. Collins represents. And we are not what the opportunistic politicians and pundits who supported him represent.
 
We ARE what those thousands of folks who stood up to him by standing on corners, writing postcards, and knocking doors in the cold represent. We ARE are what those Republicans who took a chance on a lanky Democrat represent. We ARE what the folks who are already gearing up for the next fight represent. Indeed, we ARE what America represents. We are hope, we are kindness, we are decency, and integrity.
 
Sure, we lost. But if we lost with integrity and fighting for Unions, the middle class, and healthcare for every American, so be it.
 
Stay strong. Protect it from the wind. But let that light glow.
 
With love, gratitude, and joy,
 
Nate

Generals Grant and Sherman discuss the Civil War in Dec. 5 play at GCC

By Billie Owens

Photo of GCC faculty Derek Maxfield and Tracy Ford, who will perform as generals Ulysses S. Grant and William Tecumseh Sherman.

Submittted photo and press release:

The History Club at Genesee Community College continues its Historical Horizons Series with a special homegrown performance! On Wednesday, Dec. 5, at 7 p.m. in a unique presentation, Derek Maxfield, associate professor of History, and Tracy Ford, professor of English, will present "Now We Stand By Each Other Always."

It's the portrayal of an engaging conversation between generals Ulysses S. Grant and William Tecumseh Sherman. The two-man play is based on historic resources and references.

Together, they recount the important meeting and conversation held at City Point, Va., in March 1865 when the two Union generals discuss the campaigns in Georgia and the Carolinas and consider how to close out the Civil War.

All lectures in this series begin at 7 p.m. in room T102 of the Conable Technology Building. All lectures are free and open to the public.

Law and Order: Basom woman accused of driving with a BAC of .18 percent or more and possessing cocaine

By Billie Owens

Daphne Sundown, of Basom, was arrested on Nov. 24 and charged with aggravated DWI -- with a BAC of .18 percent or greater, and criminal possession of a controlled substance in the seventh degree. Troopers responded to a report of a vehicle accident on Greiner Road at the intersection of Goodrich Road in Clarence. Investigation revealed that she rear-ended another vehicle that was stopped at the light. Sundown subsequently allegedly failed field sobriety tests. During a search a small amount of cocaine was found on Sundown and in the vehicle. She was released with a return court date in Clarence.

Isaiah P. Petty, 21, of Van Schoick Avenue, Albany, is charged with unlawful possession of marijuana and drinking alcohol in the motor vehicle on a highway. Petty was arrested at 3:30 a.m. on Nov. 24 on Main Street in Batavia following a traffic stop. Petty was issued an appearance ticket and is due in City of Batavia Court on Dec. 18. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Batavia Players announce 2019 schedule with 10 shows at Harvester Theater

By Billie Owens
Press release:
 
The Batavia Players will be performing 10 shows at the Harvester 56 Theater in 2019.
 
The 2019 season is full of variety and sure to appeal to a wide audience. New this season: performances of Shakespeare in Springtime will also take place in Wyoming County at the Wyoming Village Hall.
 
The Curious Incident of the Dog in the Nighttime
Directed by Patrick D. Burk
 
Friday, Jan. 25th & Saturday, Jan. 26th -- 7:30 p.m. & Sunday, Jan. 26th -- 2 p.m.
 
Curious Incident is a triumphant production that explores the abilities and coming of age of a young autistic teen and his ability to learn from the world. TONY-award-winning play.
 
On Broadway TEN – Saving the Best for Last
Directed by Kathy White
 
Friday, Feb. 22nd, Saturday, Feb. 23rd, Friday, March 1st & Saturday, March 2nd – 7:30 p.m. AND Sunday, Feb. 24th -- 2 p.m.
 
Featuring a very talented cast of all ages performing music from the decades of Broadway. Shows to include TONY Award winners: "Wonderful Town," "Bye, Bye Birdie," "Sweeney Todd," "Les Miserables," "Sunset Boulevard," "Jersey Boys" and "Hamilton."
 
Shakespeare in Springtime Presents: King Lear
Directed by E. Jane Burk
 
Friday, April 5th, Saturday, April 6th – 7:30 p.m. & Sunday, April 7th – 2 p.m.
Friday, April 12th & Saturday, April 13th – 7:30 p.m. Special performances at the Wyoming Village Hall.
 
One of William Shakespeare’s best-known tragedies, "King Lear" delves into the themes of family, greed and madness. With Norm Argulski as King Lear.
 
Hollywood Arms 
Directed by Heather Ferris
 
Friday, May 10th & Saturday, May 11th – 7:30 p.m. & Sunday, May 12th – 2 p.m.
 
Adapted from Carol Burnett’s best-selling book "One More Time" and cowritten by her daughter, Carrie Hamilton, this amazing dramedy looks at the lives of three strong women living with poverty. "Hollywood Arms" is based on the life of Carol Burnett and her much-mentioned grandmother and mother.
 
Mamma Mia!
Directed by Patrick D. Burk – Musical Direction by Kathy White
 
Friday, June 7th, Saturday, June 8th, Friday, June 14th & Saturday, June 15th – 7:30 p.m.
Sunday, June 9th & Sunday, June 16th – 2 p.m.
 
Bringing the famed ABBA musical to the stage after its 14-year run on Broadway will be quite the feat! The story features one woman, her soon-to-be-married daughter and three possible dads, along with a cast of incredible characters and a Greek island. "Mamma Mia!" is being staged in this area for the first time at the Harvester 56 Theater.
 
Seussical Kids
Musically Directed by Kathy White
 
Friday, July 19th & Saturday, July 20th – 7:30 p.m.
A tremendous end to our two-week Theater Kids Camp, "Seussical Kids" looks at the world of Doctor Seuss through the use of song, dance and laughter.
 
Newsies (Summer Youth Theater)
Directed by Patrick D. Burk, with Jacquie Siegel McLean as assistant director
Musical Direction by Kathy White
 
Friday, Aug. 9th, Saturday, Aug. 10th, Friday, Aug. 16th & Saturday, Aug. 17th – 7:30 p.m. & Sunday, Aug. 11th – 2 p.m.
 
Adapted from the Disney Movie "Newsies the Musical," this major production looks at the lives, loves and day-to-day struggles of New York City’s famed newsboys during the heyday of newspaper publishing. Staged during the 1899 real-life newsboys strike in New York City, this musical is jam-packed with great songs, incredible dances and historical characters. Newsies is performed by the Summer Youth Theater; actors range in age from 13-21.
 
August: Osage County
Directed by Anthony Baldwin-Giambrone
 
Friday, Sept. 13th & Saturday, Sept. 14th – 7:30 p.m. & Sunday, Sept. 15th – 2 p.m.
 
Set in Pawhuska, Okla., this Pulitzer-Prize-winning play looks at the lives of a once-famous published poet and his quirky, demanding and damaged family. A longtime hit on Broadway as well as a TONY Award winner.
 
The Rocky Horror Picture Show
Directed by Michele Stamp – Musical Direction by Kathy White
 
Friday, Oct. 4th, Saturday, Oct, 5th, Friday, Oct. 11th & Saturday, Oct. 12th – 7:30 p.m. & Sunday, Oct. 6th, Sunday, Oct. 13th – 2 p.m.
 
Brad and Janet stumble upon a delightful castle that is occupied by Frank-N-Furter and the FUN and Time Warp begin!
 
A Charles Dickens Christmas
Directed by Patrick D. Burk – Musical Direction by Kathy White
 
Friday, Dec. 13th, Saturday, Dec. 14th, Friday, Dec. 20th & Saturday, Dec. 21st – 7:30 & Sunday, Dec. 15th – 2 p.m.
 
A tender and poignant musical on how Charles Dickens' life was inspired and shaped while writing one of his most famous stories. Chock-full of holiday favorites as well as some incredible new music, this is a must-see production for the holiday season featuring a cast wide ranging in age.

Teen who shot killer on Central Avenue pleads guilty to weapons charge with chance to avoid prison term

By Howard B. Owens
  Samuel Blackshear

The attorney for the teenager accused of shooting murderer Nathaniel Wilson in the leg on May 17 on Central Avenue reached an 11th-hour plea agreement with District Attorney Lawrence Friedman today, saving his client a trial on felony assault charges. 

Jury selection was scheduled to begin today for Samuel Blackshear, 17, who was indicted by a grand jury on counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree.

Today, Blackshear entered a guilty plea to one count of criminal possession of a weapon with the understanding that he could be granted youthful offender status, which could mean probation or a 1 1/3 to four-year prison term, but if he isn't granted YO he faces at least three and a half years in state prison.

Whether Blackshear is declared a youthful offender will be entirely up to Judge Charles Zambito, who will issue his decision at Blackshear's sentencing at 2:30 p.m., Jan. 23, and Zambito, given the severity of the criminal possession of a weapon charge, can only reach that conclusion if he's convinced there were mitigating circumstances to justify Blackshear's possession of a loaded handgun.

Blackshear did not have a license to possess a handgun and at 17; he's too young to obtain a license to possess a loaded handgun.

His attorney, James Hinman, of Webster, will argue, he said, that there was justification, the mitigating circumstances necessary for Zambito to reach that conclusion.

Outside of court, Hinman explained that the video obtained from the pole camera placed by Batavia PD on Central Avenue just a day before the incident shows Wilson stabbing 41-year-old Terry J. Toote twice (Friedman said Toote was only stabbed once), killing him, and after dropping the knife, Wilson picks it up, walks into the middle of Central Avenue and starts approaching three other people in the street.

Toote, according to Hinman, is Blackshear's uncle. Friedman said he doesn't believe that is accurate.

"The video clearly shows (Wilson) threatening those other three people with that knife," Hinman said. "That is clearly, to me, a circumstance under which using deadly physical force to defend someone else is permitted under the law."

If the case had gone to trial, Hinman was expected to argue that Blackshear was justified in shooting Wilson but that only would have been a defense on the assault charge and the criminal possession of a weapon with intent to harm another person charge.

As Friedman explained after the hearing, "As you heard the defense attorney say, they were going to raise a justification defense, defense of yourself for others, and that would address the attempted assault first, the assault second, and also the one weapon possession charge that requires intent to use unlawfully, because if you are justified in the use then it wouldn't be unlawful use. But he realized that there was no defense to the possession of a loaded firearm outside of your home or place of business."

Wilson and Blackshear were two of the three defendants taken into custody after the May 17 incident. Also arrested was Jennifer Urvizu-Hanlon, 48, a Batavia businesswoman who owned a Mexican grocery store in the Valu Plaza.

Urvizu-Hanlon is accused of giving her licensed handgun to Blackshear at the Central Avenue scene.

She is charged with two counts of criminal possession of a weapon in the second degree, both Class C violent felonies.

Her attorney, Christian Kennedy, has indicated at previous court appearances on her behalf that he also intends to raise the justification defense if the case goes to trial.

Hinman thinks that in defending his client he could easily have convinced a jury that Blackshear was justified in shooting Wilson.

"All I would really need to have done is play the video, identify who Mr. Wilson is, who's Sammy, and that should have been the end of it," Hinman said.

Friedman said what Blackshear pled guilty to was actually one of the more serious charges of the indictment. 

"It's a Class C violent felony," Friedman said.

If Blackshear fails to abide by the terms of his release on bail while awaiting sentencing he could lose his chance for youthful offender status and the maximum prison term for the charge is 15 years in prison.

Friedman said he couldn't discuss whether at this point whether he will support, oppose, or be neutral on Blackshear's application for youthful offender status.

So far, Friedman said, he's satisfied with the outcomes of the prosecutions in the Central Avenue cases.

"We have taken care of two of the three defendants and I obviously feel they were appropriate dispositions," Friedman said. "As you know Nathaniel Wilson pled guilty to murder and got 20 to life."

CORRECTIONS: We corrected the sentencing options for Blackshear to include that he may still receive a prison sentence even if declared a Youthful Offender and that if YO is not granted the minimum term is 3 1/2 years.  We corrected the first name for Terry Toote. While Mr. Hinman said that Mr. Toote was stabbed twice, Mr. Friedman says he was only stabbed once. On two occasions, Mr. Hinman has referred to Mr. Toote and Mr. Blackshear's uncle, Mr. Friedman said he doesn't believe that's accurate.

Previously:

Stafford man allegedly fought with police outside Tops in Le Roy

By Howard B. Owens
      Todd Englerth        Philip Serverino

A Stafford man was arrested Tuesday after allegedly struggling with a Le Roy police officer and leading him on a chase behind the Tops Market at 128 W. Main St., Le Roy.

Todd M. Englerth, 46, criminal possession of a weapon, 3rd, criminal possession of a control substance, 7th, obstructing governmental administration, 2nd, assault 3rd, and resisting arrest.

The incident began at 1:50 p.m. when the police officer spotted a white Ford pickup parked in the fire lane, a no parking zone, in front of the store.

Englerth was reportedly sitting in the passenger seat when the officer approached. The passenger told the officer that the driver, whom he identified as Phillip J. Severino, of Corfu, was in the store. 

According to the officer, during the interview, he observed brass knuckles in the armrest of the pickup in plain view.

When Severino came out of the store, the officer interviewed both Severino and Englehart in an attempt to determine who owned the brass knuckles.

During the investigation, the officer discovered Severino was allegedly in possession of a loaded handgun. Severino was detained and placed in the officer's patrol car.

The officer then attempted to detain Englerth, who allegedly refused to comply with the officer's verbal commands and then physically resisted.

The officer informed Englerth he was under arrest and Englerth allegedly continued to resist.

Multiple citizens attempted to assist the officer in restraining Englerth, according to Le Roy PD's report on the incident. 

Englerth reportedly broke free and ran.

The officer gave chase and he shot his taser at Englerth but with no effect.

Englerth reportedly ran into the woods behind the store. There was another struggle and the officer deployed his taser again, this time with effect.

Englerth was taken into custody as a result.

During the investigation, Englerth was allegedly found in possession of cocaine. 

The DEC's K-9 assisted in the investigation.

Severino and Englerth were arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Severino, 42, was charged with criminal possession of a weapon, 3rd.

Le Roy PD was assisted by the Sherif's Office and State Police.

Le Roy PD also thanked the citizens who attempted to assist at the scene.

Hanks records 300--792 at Oak Orchard; Bardol 300 at Rose Garden

By Mike Pettinella

Oak Orchard Bowl proprietor Randy Hanks carves out a little time for himself each week as a member of the Sneezy's Monday Night League at the Albion establishment.

During competition last week, the 52-year-old right-hander etched his name in the record book for the fourth time as he recorded a 300 game en route to a personal-best 792 series on lanes 9-10.

"I just happened to get hot," said Hanks, who posted 23 out of the last 24 strikes in a 225-300-267 effort. Only a 10-pin in the third frame of the last game -- which he unfortunately missed -- kept him from a chance at his first 800 series.

He now has four USBC-certified perfect games -- two at Bowl-A-Roll Lanes in Rochester and two at Oak Orchard Bowl.

Elsewhere around the Genesee Region, Chris Bardol of Brockport rolled his second 300 of the season in the G&W Vending League at Rose Garden Bowl last Tuesday night.

For a list of high scores, click on the Pin Points tab at the top of this page.

Mike Pettinella's next Pin Points column is scheduled for this Thursday.

Four-vehicle accident reported on the Thruway in Batavia

By Howard B. Owens

A four-vehicle accident, unknown injuries, is reported in the area of mile marker 397.8 in the eastbound lane of the Thruway.

East Pembroke fire and Mercy EMS responding.

UPDATE 6:07 p.m.: A second ambulance requested to the scene, non-emergency.

UPDATE 6:12 p.m.: The East Pembroke chief is requesting Pembroke fire to shut down the Thruway, eastbound, at the Pembroke exit. "It would probably be better for them to get off in Pembroke and back on in Batavia," he said. He said traffic is already backed up to Route 77.

Minor injury accident reported near Route 20, Bethany

By Howard B. Owens

A rollover accident with a minor injury is reported on Silver Road, just south of Route 20, in Bethany.

A Bethany chief on scene reports the driver is out of the vehicle. Traffic is not blocked.

Bethany fire and Mercy EMS dispatched.

Batavia undone by key injury and great opposing QB in state championship game

By Howard B. Owens

What if Ethan Biscaro wasn't injured in the first quarter Saturday of Batavia's Class B state championship football game at the Carrier Dome?

Could Batavia have maintained its early lead, its early momentum, and held off Joseph Girard and the Glens Falls Indians, instead of losing 55-32?

We'll never know.

Biscaro's injury certainly isn't the only reason Batavia lost. The Blue Devils made their mistakes and missed their opportunities but, truth be told, Girard is one heck of a quarterback.

To whatever degree last week's game against Skaneateles and their athletic QB Patrick Hackler prepared the Blue Devils to face an athletic, strong-armed QB, it wasn't enough. Hackler was good but he wasn't Joseph Girard III good.

Experienced sportswriters in the press box were raving about Girard by the fourth quarter, the best high school quarterback they've ever seen, some of them said.

Girard showed arm strength, touch, accuracy, and savvy on the field, as well as strength and quickness that enabled to him to turn what looked like sacks for lost yards into gains, into first downs, and even into touchdowns. 

For example, with Batavia leading 14-0 in the second quarter, Girard, from Batavia's 19-yard line, tries a keeper to his right and finds the path cutoff and he appears pinned in a corner near the sideline but he swings out wide into his own backfield and starts running toward the far side with Cam White in pursuit. Just as it appears White would snag his jersey, somehow Girard steps ahead of him and now has the entire defense beat on the far side of the field. He scores to give Glen Falls its first six points.

"He is a great football player, obviously a division one athlete," said Batavia Coach Brennan Briggs. "We had our opportunities, I think, and you know, he was very difficult to get a hold of. We simulated all we can in practice but at the end of the day, you have got to come up your make plays."

While officially, Girard gained only 15 yards on the ground on 15 carries, with two TDs, he was 10-18 passing for 314 yards and two TDs on passes.

All this and it was still a big game for Ray Leach, who for the third game in a row gained more than 400 yards, this time picking up 410 yards on 30 carries. He scored three touchdowns and he was clearly exhausted in the second half and playing on sheer determination.

"He's just a tough kid, he loves football," Briggs said. "He wanted to be out here so he did whatever it took to be out here."

With 1,645 yards over the final four games, Leach ends the year with 2,826 rushing yards, breaking the season Section V record of Hornell's Austin Dwyer, 2,826 yards, set in 2009.

A former Blue Devil who played for Batavia last year when the team opened the season in the Carrier Dome said a factor in that game was the heat on the field. As the game wears on the Dome warms up.

Ironically, the Carrier Dome is not air-conditioned.

Leach said he and his teammates were feeling the heat.

"The temperature was a little different than we've been playing and we had to get used to the heat," Leach said. "It's definitely a big adjustment. We're a little tired. I just had to rely on my line and keep on the ball hard."

Leach could be seen at one point in the third quarter with his hands on his knees. The sign of a winded athlete. Still, Leach went on to break off a couple of long runs in the second half, including an 80-yard touchdown run that avoided contact with every Glens Falls player on the field.

The turning point, if there was one, may have been Biscaro's injury. Batavia went on to score on that drive, thanks to a 46-yard pass from Leach to Taiyo Iburi-Bethel on the first play after Biscaro left the field. But that didn't reveal how unsettled the offense would become without Biscaro.

That score gave Batavia a 14-0 lead but it was clear how much things changed on the next Blue Devils' possession, which began with a successful onside kick. The play calling was slow and a combination of Leach and Alex Rood in the backfield lacked the tempo and organization of a Biscaro-led offense.

The Blue Devils were unable to convert that opportunity into points on the board and with Glens Falls scoring on its next possession, momentum seems to have shifted in the Indians favor.

Briggs said losing Biscaro hurt on both sides of the ball.

"He's a huge part of our offense and our defense so there's no question about it, that hurt a lot but, hey, I'm the football coach and you've got to figure out how to get it done and I didn't do that."

Biscaro did take the field to start the second half but Batavia was still unable to get back in rhythm, and after taking another hit that sent him to the turf in pain, Biscaro was once again lifted from the game.

Briggs tried a few different looks with the offense with Biscaro out -- Leach along in the backfield, Leach at QB with Rood at running back, Rood taking the snaps, along with reverses, flea-flickers, end-arounds, and the offense wasn't able to execute consistently.

One of Batavia's touchdowns in the fourth quarter came after a pass to Andrew Francis bounced off his hands, into the air and toward the end zone. Iburi-Bethel grabbed the pop-up fly, turn, ran and scored.

That and Leach's 80-yard run where among the few bright spots for the Batavia offense without Biscaro.

Briggs blamed himself, not the dropped passes, the fumbled snaps, the miscommunication on the field.

"We ran a lot of wildcat stuff with Ray but obviously everybody's keying on him," Briggs said. "He's not a pure passer back there so we tried to do a few different things. But you know, it didn't totally work out but again we've got to get some stops and you know maybe I should have been a little better prepared for that."

Iburi-Bethel finished with four catches for 82 yards and a TD. Leach had one reception for a 28-yard TD. Biscaro was 5-6 passing for 70 yards and TD.

Besides Girard's heroics for Glens Falls, Trent Girard, one of six Girard cousins in the game, caught seven passes for 183 yards and a TD. David Barclay had two catches for 93 yards and a TD. Aalijah Sampson carried the ball 23 times for 135 yards and four touchdowns.

Batavia had 538 yards and 25:37 time of possession while Glens Falls had 464 total yards and 19:25 time of possession.

For Batavia, Cam White, Joseph Martinucci and Alex Rood all recorded sacks.

Joshua Barber had eight tackles. 

Photos by Jim Burns.

 

For more pictures, click here.

Lost hunter reported in Alabama swamps

By Howard B. Owens

A hunter is reportedly lost in the Alabama Swamps.

Alabama fire dispatched. 

A command post is being set up at Sour Springs Road and Roberts Road.

Law enforcement also dispatched.

UPDATE 9 p.m.: Dispatchers are checking on the availability of the State Police helicopter to assist in the search.

UPDATE 9:10 p.m.: Command post being moved to the parking area on Sour Springs Road.

UPDATE 9:34 p.m.: The State Police helicopter is not available.

UPDATE 9:50 p.m.: A fire chief is out with the hunter now and is calling 9-1-1 from his mobile phone so dispatchers can help plot the easiest way for them to get out of the swamp. There was a second person in the swamp, the hunter's brother, looking for him, but he's not lost.

UPDATE 10:19 p.m.: Chief says, "we're going to go back the way we came in. I can't get through this swamp."

UPDATE 10:36 p.m.: The hunter and rescuer are out, safe, and at the command post.

Live Blog: Batavia Blue Devils playing for Class B state championship at the Carrier Dome

By Howard B. Owens

We're just a couple of minutes from kickoff at the Carrier Dome in the Class B state championship game between the Batavia Blue Devils and the Glens Falls Indians.

We spoke with a former Batavia player before the game who played in last season's opener at the Carrier Dome and he said on that September day it got hot inside the dome. Something to watch for this game -- whether the colder November weather helps keep it cooler in here or if it gets hot and then the effect that has on players. Ironically, the Carrier Dome is not air-conditioned. 

Other keys: Can the Blue Devils keep Indians QB Joseph Girard III in the pocket? And if they can, pressure him while the secondary maintains coverage? Turnovers good be key in a potentially high-scoring game.  

On the Batavia side, it's likely all about Ray Leach, who has gained more than 1,200 yards and scored 22 touchdowns in the last three games. Even if Glens Falls slows Leach, Batavia still has weapons in Ethan Biscaro, Alex Rood and Taiyo Iburi-Bethel.

It looks like Batavia comes into the game with the bigger line on offense and defense.

Check back shortly for updates or tune in to WBTA for the broadcast or WBTAi.com for the live stream.

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Opening kickoff to Batavia is out of the back of the end zone. Batavia starts on the 20-yard line. Leach on the first play, six-yard gain. Leach gets the first down on the next play. On the third play, Leach turns the corner and carries the ball to the Indians 23-yard line, with the last 15 yards gained coming while dragging defenders with him. Leach gains just two on his next carry. Holding penalty. First and 20. Pass to Taiyo Iburi-Bethal for a five-yard game. Leach out wide, pass from Biscaro, he gains 10 before an Indian defender grabs his jersey. Leach drags him five yards and then breaks the tackle. Leach breaks two more tackles and scores. Extra point missed. 6-0 Batavia.

Batavia kickoff out of bounds. Glens Falls starts on its 35. Joseph Girard passes on the first play. Dropped by Trent Girard on the far side. Joseph Girard barely backs it to the line of scrimmage after being held in the pocket and trying to run up the middle. Girard sweeps right and on the run heaves the ball far downfield and the pass is incomplete. Andrew Francis with good coverage. Glens Falls punts. No return.

Batavia starts on its own 26. Leach up the middle on the first play. Two-yard gain. Leach has nowhere to go on the second-down play. He barely makes it back to the line of scrimmage. Biscaro on a long pass to Iburi-Bethel. Complete at the 50-yard line. Iburi-Bethel on an end of round, nine-yard gain. Biscaro from shotgun, fakes a pass to a wideout and then darts up the middle for a three-yard game. First down. Biscaro from the shotgun sacked on a blitz. Second and 16. Biscaro on a keeper, collapses before he reaches the line, untouched and is on the field being tended to by a trainer.

Biscaro limps off the field. He was holding his knee. Third and 17. Leach takes over at QB. Snap to Leach and Leach heaves a high-arching pass intended for Andrew Francis, bounces off his hands and Iburi-Bethel picks the ball out of the air and streaks into the end zone. Touchdown. Leach scores on the two-point conversion. 14-0 Batavia.

Batavia recovers an onside kick at the Glens Falls' 45 yard line. Leach starts at QB and runs off the snap for a three-yard game. Timeout Batavia with 2:47 left in the quarter.

Leach at QB, and he hands the ball to Rood, who gains three yards. Leach back at QB. He drops the snap, recovers, breaks a tackle and sweeps to the nearside and gets back to the line of scrimmage. Fourth and 4. Leach on direct snap, sweeps right and gets six yards. Empty backfield, snap to Leach, runs left and gains three. Clock under 20 seconds, direct snap to Leach who tries running to his right and is tripped up in the backfield and flags fly. Holding on Batavia, 10-yard penalty. That's how the quarter ends. 14-0 Batavia.

Second and 19 for Batavia to start the second quarter. Leach takes the snap, long pass intercepted by Girard and he's tackled on the seven-yard line. Girard misses a pass two passes and then scrambling, nearly sacked in the end zone, on the run throws a long pass to Davi Barclay, complete at Batavia's 33-yard line. Handoff to Aalijah Sampson runs left and carries the ball to the 19-yard line for a first down. Sampson gets handoff again, carries the ball to the four-yard line. First and goal. Girard fakes the handoff and tries to run off tackle and stopped at the line of scrimmage. Batavia's defense again blocks up the middle of the line and Sampson stopped for a one-yard loss. Third down. Sampson rolls out to his right and is pursued. Cam White is on his tail and he reverses direction and as White reaches for him he seems to just take an extra step and eludes White, runs to far sideline, down the line, and into the end zone. Touchdown The extra point is blocked by Andrew Francis. 14-6, Batavia still leads.

Kick to Leach on the five-yard line. He returns it to Batavia's 27. Rood is QB on the first possession. Hands off to Leach for a two-yard gain. Incomplete pass from Rood. Intended for Iburi-Bethel. Rood takes the snap, drops back and feigns pass and then decides to run. Two-yard gain. Batavia will punt on 4th and 7. No return. Glens Falls takes over on its 29.

First and 10, Sampson on the carry for four yards. Girard hits Trent Girard the Indians have first and 10 at the 48-yard line. Girard with a completion to Sampson, nine-yard gain. Girard with plenty of time in the pocket, long pass intended for David Barclay but it falls beyond his diving reach. Girard rolls out, forced to turn back toward the right side and is tackled from behind for a loss by Josh Barber of a yard. Fourth and one. Timeout. There is 5:20 left in the half. Girard has to scramble and his pursued through the backfield, he runs right, gets the first down and cuts back to the middle past nearly every Batavia defender. Before he reaches the end zone with a Batavia player close, he dives and looks like he gets the ball over the line but a ref 15 yards away rules him down at the one-yard line. Sampson scores on the next play and then runs the ball in for the two-point conversion. 14-14.

There is 4:55 left in the half. The kickoff goes out the back of the end zone. Batavia's ball on its own 20. Leach drops the handoff and recovers his own fumble on the 17-yard line. Second and 13. Leach up the middle, finds a hole, cuts to his left, gets a good block and finds open field. He stumbles and recovers, three Indians pursuing him, he heads toward the sideline and outruns a lone defender for a score. That's an 83-yard TD run. Timeout before the extra point. Leach on the carry for a two-point try and he's stuffed at the line. 20-14, Batavia leads.

Batavia again tries an onside kick. The Indians get first and 10 from their own 49-yard line. Girard with a pass to Sampson, complete. Leach tries to shove him out of bounds but he stays on his feet and finds some space. He's tackled at about the 10-yard line. Sampson with the carry to the three-yard line. Sampson with the ball again and sweeps to the left, tackled at the one-yard line. Sampson up the middle for the score. Extra point is good for a 21-20 lead for the Indians. The first time all season Batavia has trailed.

According to our photographer on the sideline, Jim Burns, Ethan Biscaro is being taken by his parents for medical treatment. He's out for the remainder of the game.

Batavia takes over on the 20. Leach breaks free for again to the 38-yard line. Leach with the next carry for a five-yard gain. 2:06 left. Batavia has no timeouts left. On a flea-flicker, Leach throws down to the 20, intended for Iburi-Biscaro, incomplete. Leach with the carry. No gain. Flag on the play. Illegal formation declined. Fourth and three, Batavia will punt. Line-drive punt with a favorable Batavia punt. A 47-yard punt, ball down on the five-yard line.

Sampson on the carry from the five, three-yard gain. Girard is sacked, bringing up third and 17 but Glens Falls lets the clock run out on the half.

The half ends with Glens Falls leading 21-20.

During half-time, Ethan Biscaro was warming up. Apparently, in consultation with his parents, the decision has been made to let him play in the second half.

Batavia's kickoff to start the second half goes to Girard at the 20 who brings it back to the Indians 38, first and 10. Movement by Batavia on the line. Flag. Five-yard penalty. First and five. Girard drops back to pass and seems to have plenty of time to pass and then faces pressure and heads toward the far side and steps out of bounds for a short game. Pass for a first down, ball on the Indians 48. Girard rolls out and throws across the middle of the field to Trent Girard, complete to Batavia's 30. Sampson tripped up in the backfield by Batavia, second and 13. Girard drops deep, scrambles and just before reaching the line, throws a bullet at the knees of a receiver who drops it. Girard begins in the shotgun, scrambles, long pass to the far side, pass broken up by Iburi-Bethel. Fourth and 13. Girard's pass into the end zone, complete for a touchdown to Barclay. Francis wants an offense pass interference flag but doesn't get it. Extra point good. 28-20, Glens Falls.

Batavia starts on its own 20. Biscaro is at QB. Handoff to Leach, five-yard gain. Leach stopped at the line. Pass wide to Iburi-Bethel on the nearside, gain to the 33, making it first and 10. Leach up the middle, five-yard gain. Leach bottled up at the line, but gets two yards before being pushed back. Biscaro has Iburi-Bethel wide open down the middle with a pass to the 35 but Iburi-Bethel drops the pass. Batavia in punt formation. High deep punt by Francis. Glens Falls gets the ball on their own 21.

First play, Sampson dropped for a loss. Girard with a bullet to Trent Girard at the first-down marker on the far side. First down. Girard sacked by Iburi-Bethel. Two-yard loss. Girard on the run finds Trent Girard wide open on the 30. Rood makes a shoe-string tackle on the seven-yard line to save a touchdown. Sampson up the middle. Batavia claims a fumble but doesn't get the call. Ball on the two. Sampson again dropped for a loss. Ball on the three. Third and goal with 4:01 left in the third. Girard rolls right with two defenders in pursuit, on the two-yard line, they lunge at him and he sidesteps the tackle attempt and scores. Extra point is good. 35-20. 

Iburi-Bethel with the return. Batavia's ball on the 33-yard line, first and 10. Leach with the carry, out to the 39. Leach breaks two tackles on the way to the Indian's 42-yard line. First and 10. Leach with the ball, picks his way to the 29. First and 10. Leach off the left side, gain of three. Leach looking tired. A blitzer gets past him and sacks Biscaro, there is a fumble but Biscaro recovers. Biscaro passes to Zack Anderson back to the original line of scrimmage. Fourth and 10. Biscaro sacked. He drops the ball. The fumble is recovered by a Batavia lineman and Biscaro is again down on the turf but limps off the field. Glens Falls takes over on downs on their own 37.

Indians call timeout after lining up in formation. Five seconds left in the third quarter.

Trent Girard with a reception for a first down.

End of the third, 35-20, Glens Falls over Batavia.

Girard loses three on a keeper. On the next play, Girard again eludes the rush but his pass falls incomplete. Girard finds Trent Girard 10-yards out, who is wide open and with no defenders behind, touchdown. Extra point is good. 42-20.

OBSERVATION: Girard is a much better QB than what Batavia saw in Patrick Hackler last week, and Hackler is very good. Girard has a better touch, can also throw bullets, throw down the field on the run without under-throwing his targets, and is very hard to contain or catch in the backfield.

On first and 10 at the 15, direct snap to Leach, who eludes all tackles and carries the ball to the 50 before stepping out of bounds. Leach on the next carry, three-yard gain. Iburi-Bethel on the end-around, big gain out to the 30. Leach, direct snap, hands it off to Iburi-Bethel who breaks a tackle in the backfield and gains a couple of yards. Leach on direct snap runs to the outside and gets enough yardage for the first down but flag on the field. Holding on Batavia. Rood in the shotgun, pump fakes, looks downfield. Iburi-Bethel is wide open. The pass is on the numbers. He drops the ball. Third and 12 with 8:47 to go. Rood swings right, pursued by Terrell Bonner-Welch who hits him from behind. Rood lost the ball but he appears to have been down. There is a penalty against Batavia. 4th and 19. Rood drops back, in the grasp of a defender, he spins and tosses the ball down the middle of the field and finds Daemon Konieczny but well short of a first down. Glens Falls takes over on downs at their own 42.

Girard is sacked for an 11-yard loss. Girard sacked again, ball now on the 21. Glens Falls will punt.

With 6:12 left, down 42-20, Batavia starts on its own 43. Leach runs left, picks up about 10 where he breaks a tackle, and he changes direction heading toward the far sideline, picks up a couple of blockers and steps out of bounds at the 21. Leach with the ball, heads to his left and finds nothing but open field to the end zone. Touchdown. Two-point try fails, 42-26 Glens Falls.

Batavia tries an onside kick but a whistle blows at the line of scrimmage. Illegal motion. Batavia will kick again from the 35. The kick fails to travel 10 yards before going out of bounds at the 40. Five-yard penalty on Batavia, first and 10 from Batavia's 35. 

Sampson with the carry for four yards. Sampson with a 25-yard carry but a flag on the play. Block below the waist, 10-yard penalty on the Indians. Sampson again, big gain, to the 22. First down. Great backfield tackle on Sampson sweeping to the left, loss of two. Sampson breaks a tackle and finds some space but Iburi-Bethel catches him and comes over his back, hanging on, trying to strip the ball, and Sampson shakes him off and scores. Extra point is no good, 48-26 Glens Falls.

Time left, 3:44.

Rood at QB, hands off to Leach, sweeping left and a five-yard gain. Ball on the 25. Batavia tries a tricky play, with snap to Rood, hand off to Leach, pitch to Iburi-Bethel who heaves the ball downfield well beyond any receivers or defenders. Rood scrambles stops, turns to throw just pass the line, and lineman T.J. Guy intercepts giving Glens Falls the ball on Batavia's 16.

Sampson on the sweep to the left. Nobody touches him. Touchdown. Extra point makes it 55-26. There was a late flag on Sampson run, a personal foul that will be enforced on the kickoff.

Glens Falls kicking off from Batavia's 45. The kick skips through the end zone.

First play from the 20, Leach with the ball, untouched through the line, all the way to the end zone for an 80-yard TD. Leach stopped on the two-point try. 55-32, Glens Falls.  

Leach is exhausted.

Penalty on Batavia's kick. Try again from the 35. And another penalty. Encouragement. Ball on the 30. After two failed onside attempts, deep kick to Sampson who bobbles the ball but recovers, and carries the ball to Glens Falls 41-yard line. Sampson with the carry, six-yard game. Sampson with a first-down carry. Sampson, no gain. Less than a minute to play. Time will expire with Glens Falls up 55-32.

Here's the hardware they're playing for.

Climbing the Batavia Water Tower was a 'double dog dare'

By David Reilly

Teenagers have most likely been doing risky adventures since ancient times. It's their way of rebelling and trying new things.

Prehistoric teens might having taken dad's newly invented wheel for a joyride down the highest sand dune. Or they could have covered some cave paintings with graffiti.

In the '50s and '60s in Batavia, drag racing on the Creek Road or jumping off the Walnut Street Bridge into Tonawanda Creek were things kids would do that parents certainly wouldn't have been happy about if they had known.

One of the rites of passage into daring teenhood that my friends and I did was climb the Batavia Water Tower on Ellicott Street.

If you lived or worked in Batavia between 1939 and 2003 you would have seen the Water Tower jutting above the city skyline. Located on Ellicott Street behind the E. N. Rowell Box Factory and Engine House #1 of the City Fire Department, it was on the bank of Tonawanda Creek and very near to downtown.

Built in 1938-39 as a project for W. P. A. (the Works Progress Administration was renamed the Work Projects Administration) at a cost of $175,000 ($3 million in today's money) the tower was short-term insurance in the event of a break in the city's water supply.

Just shy of 200 feet high (17 stories) it was believed at the time of its construction to be the tallest water tower in the United States. The blinking red lights on top were to alert low-flying aircraft. It held 1.5 million gallons, or 13 million pounds, of water.

In 1983 it was repainted at a cost of $89,000. In 2003, the 65-year-old rusting structure was no longer needed and was disassembled and taken down at a cost of $114,000.

From the day it was finished, the Batavia Water Tower must have been a challenge to the teenage ego, or maybe even to younger youths; in 1952 four boys between the ages of 10 and 14 were discovered up there by police in broad daylight. They told police they wanted to see Lake Erie, but were disappointed that they couldn't even see Lake Ontario.

For my friends and me it was akin to Flick in “A Christmas Story” accepting the “double dog dare” and sticking his tongue on a frozen flagpole. None of us really wanted to go up the tower. But, in the code of teens, none of us could get out of climbing it if someone else did without severe repercussions to our reputation. In other words, we'd rather be scared than called chicken.

I don't know about the others, but I had to block out my fear of heights, which I still have to this day. Not exactly as bad as Indiana Jones and snakes, but worse than flying on a commercial airline.

At least we weren't brazen enough to climb in the daytime. That would have resulted in a ride in a patrol car immediately. Plus, half the fun was getting away with it and not telling your parents until you were 40.

So, we would sneak back there in the dead of night. The darker the better. First, there was a fence to climb over. “Danger” and “Warning” signs were posted on the fence, but that just made it more inviting. Then, you had to hoist yourself up to a spiral staircase, which wound around the core of the tower. That part was actually not bad as it had solid steps and handrails, so if you didn't look down it was bearable.

At the top of the spiral stairs was a circular walkway which went all the way around. This part also had a railing and I could handle it if I kept my back against the wall and didn't look over the side. Those who have a fear of heights will identify with the weak feeling I would get in my legs just watching one of my braver buddies look down over the railing.

I imagine there was a fine view of the surrounding area from there in the daytime, but all we could see were the lights of downtown and surrounding buildings like the Doehler-Jarvis plant, a tool-and-die company, just to the south. (It employed 1,500 people in its heyday and closed in 1981. The buildings were later razed to make way for parking around the ice-skating rink.)

The biggest challenge though was negotiating an arced ladder that had no handrail and which curved over the top and took you up to the lights on the apex of the structure.

With trembling hands, up we would go. Once we grabbed onto the lights flashing in our face like a drowning person to a piece of driftwood, we could relax for a few minutes and enjoy our conquest. We would light up a cigarette (another thing our parents would frown on even though most of them smoked, too) and gloat in our accomplishment.

One time, we had to snuff our smokes quickly and remain very silent as we observed a policeman on foot checking on the cars in Mancuso's used car lot just below the tower. We had to stay up there longer than usual while he completed his rounds and finally left. We undoubtedly breathed a sigh of relief and tried to enjoy the moment without thinking about the trip back down.

Going back down that curved ladder was absolutely the hardest part for me. You could not negotiate the ladder going over the edge without looking down at least briefly. If that cop had still been there he could have probably heard my heart pounding.

Once back on the walkway, you could begin your descent of the spiral staircase. Holding tightly onto the railings, I would try to look straight out and not down.

As I got to the bottom of the stairway I would almost be running and then as I hopped onto the ground a huge feeling of relief would wash over me -- “I made it, I'm still alive!”

As I walked home, I would tell myself, “OK. That's it. I don't care what the guys say or how much grief they give me, I am never going up there again.” Of course, I did care, and the next time I'd go again. Except for the force of nature, I'm not sure there is anything more powerful than peer pressure.

It was more than 50 years ago, and I don't remember how many times I climbed the water tower. Certainly five or less. But, considering my fear of heights it's still a perverse badge of honor of my teen years.

When the Batavia Water Tower was being taken down in 2003, my dad was a resident of the New York State Veterans Home and I would go to Batavia twice a week to visit him. When the last of the tower was lying on the ground waiting to be taken away to scrapyards, I stopped by there and got as close as I could.

"Hah! You're not so high and mighty now are you?” I laughed.

But still every time I go out on a bridge or the balcony of a high story hotel room, I know that tower is laughing back at me.

Photos of the Batavia Water Tower courtesy of Judy Stiles at the Genesee County History Department.

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