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Brian Fiorella became the first Batavia resident with TV service from Empire Access today when a work crew completed the addition of the service to his home network.

It's been a long process for Empire to get the agreements and approvals in place with the city and state to start providing TV service to Batavia residents, so Empire executive Bob R. VanDelinder was on hand for the installation.

"It's exciting for us," VanDeinder said.

Dozens of people have already signed up to start getting TV service from Empire, even though the company just started advertising its availability.

The service is entirely digital and combined with broadband service gives customers the opportunity to access the full array of home entertainment services available online and from TV networks.

"Given that it's all digital, you have great quality," VanDeinder said. "There are still systems out there that are analog, cable-type systems, so you don't have the same quality.

"Being on fiber optics allows us to provide better service uptime," VanDeinder added. "With this service we're able to provide amazing digital TV service, HD service, DVR -- whole-home DVR, and we have a watch-TV-anywhere feature, which allows you to watch TV from anywhere in the world with an internet connection."

Empire is also the only community-based cable or broadband provider in the area, which VanDeinder said helps the company provide better service. You always reach a live operator when you call customer service.

For more on local service, visit the website for Empire Access.

Erik Rindell, a technician with Empire, making the final connection for the TV service at the home of Brian Fiorella.

Justin Wing, an employee of Brian Fiorella, Steven DeWitt, Empire Access, Brian Fiorella, Bob VanDeinder, and Tom Hare, Empire access.

Fiorella owns Fiorella's Technical Services, based in Batavia. The company provides service and installation for home entertainment systems.

Kristopher Martin Driffill, 37, of Norwich Drive, Rochester, is charged with fourth-degree grand larceny. Driffill was arrested at 2:46 a.m. on March 11 on Park Road in Batavia following an investigation into an incident in the Town of Batavia. The defendant allegegedly stole an amount of money exceeding $1,000 from another person at a local establishment. He was jailed in lieu of $5K cash or $10K bond and is due in Town of Batavia Court on April 11. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Michael Lute.

Todd F. Smith, 51, of Bank Street, Batavia, is charged with second-degree harassment. Smith was arrested at 10:05 p.m. on March 13 at 122 Bank St., upper rear apartment, Batavia, following an investigation into an incident wherein he allegedly threatened a neighbor. He was issued an appearance ticket for March 21 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Cory Robert Lapp, 24, of Main Street, Attica, is charged with: DWI; DWI with a BAC of .08 percent or higher -- first offense; failure to yield the right of way when entering a roadway; and failure to use turn signal. At 2:18 a.m. on Union Street in Batavia, Lapp was arrested for DWI and the others charges. He was issued an appearance ticket for April 5 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Howard Wilson.

Samual D. Saxman, 19, of Sackett Road, Batavia, is charged with harassment and stalking in the fourth degree. At noon on March 19, Saxman was arrested for allegedly harassing and stalking another person on East Main Street Road, Batavia. He was arraigned in Town of Pembroke Court and released on his onw recognizance. He is due in Town of Batavia Court on April 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Kevin Forsyth.

Mark James Salven, 55, of Keeney Road, Le Roy, is charged with: DWI; DWI with a BAC of .08 percent or higher; operating a motor vehicle without inspection certificate; and driving left of pavement markings in a no-passing zone. At 4:57 p.m. on March 18, following a traffic stop on Keeney Road in the Town of Le Roy, Slaven was arrested for DWI. He was issued an appearance ticket for April 20 in Town of Le Roy Court. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Le Roy Police Officer Cameron Leight.

Zachary James Walsh, 23, of Route 237, Byron, is charged with operating a motor vehicle with a BAC of .08 percent or more, DWI, and failure to keep right. Walsh was arrested at 2:07 a.m. on March 18 on Walnut Street in Batavia following a traffic stop. He was allegedly found to have a BAC of .10 percent and subsequently was issued several appearance tickets for Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Andrew Hale.

George John Budzinack Jr., 37, of Augustine Street, Rochester, is charged with: first-degree aggravated operation; DWI; refusal to take breath test; consumption of alcohol in a motor vehicle; moving from lane unsafely; and unlawful possession of marijuana. At 9:19 p.m. on March 14, following the investigation of a single-car accident on Route 33 in the Town of Stafford, Budzinack was arrested for DWI and charged with offenses cited. He was issued an appearance ticket for March 21 in Stafford Town Court. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Cassidy Longhini.

Antonio Javier Santiago, 20, of Transit Road, Pavilion, is charged with second-degree harassment. The defendant was arrested at 11:33 a.m. on March 18 after a domestic dispute on Ellicott Street Road in Pavilion in which he allegedly grabbed a former girlfriend during an argument. He was issued an appearance ticket for April 11 in Pavilion Town Court. The case was handled by Genesee County Sheriff's Deputy Christopher Erion, assisted by Deputy Kevin McCarthy.

Richard L. Mosher, 50, of Zingarra Road, Conyers, Ga., is charged with driving while ability impaired by alcohol. He was arrested at 9:58 p.m. on March 14 on Alleghany Road, Pembroke, following a domestic incident on Route 77. He was arraigned in Town of Pembroke Court, then released on his own recognizance. He is due in Town of Pembroke Court on April 11. The case has handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Richard Schildwaster.

Carlton L. Beardsley, 22, of Walnut Street, Batavia, is charged with petit larceny. He was arrested at 1:54 a.m. on March 10 on West Main Street, Batavia, following a shoplifting complaint at Tops Friendly Market where several alcoholic beverages were stolen. He was arrested on scene, then released on an appearance ticket for March 21 in Batavia City Court. The case was handled by Batavia Felicia DeGroot, assisted by Officer Eric Bolles.

A 17-year-old resident of Holland Avenue, Batavia, is charged with petit larceny. The youth was arrested following a complaint at Speedway, located at 204 W. Main St., Batavia, about an incident at 11:40 p.m. on Feb. 7. The youth was released on an appearance ticket for April 14 in Batavia City Court. The case was handled by Batavia Police Officer Jason Ivison.

Rajea S. Thomas, 28, of Sutorius Drive, Rochester, turned himself in at Rochester Police Dpeartment on a Batavia City Court bench warrant for failing to appear on a charge of third-degree aggravated unlicensed operator. The defendant was released on an appearance ticket for March 22 in City Court. The case was handled by Batavia Police Officer Felicia DeGroot.

Ahdeosun R. Aiken, 18, of Ellicott Avenue, Batavia, had an active bench warrant out of City of Batavia Court for failure to pay a fine. The fine stemmed from an incident on Feb. 9, 2016 wherein it is alleged that Aiken damaged glass at the Batavia Centre City shopping mall. The defendant was arrested without incident on March 13. After arraignment, Aiken was released after paying part of his restitution at Genesee County Probation Department. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Jamie Givens.

Ghislaine Pena, 25, of Highland Park, Batavia, was arrested at 3:18 a.m. on March 11 on a bench warrant for failure to appear on an unspecified incident that occured on July 16. Pena posted $300 cash bail and was released on an appearance ticket for March 22 in Batavia City Court. The case was handled by Batavia Police Officer Eric Foels.

A driver who initially claimed she wasn't the one who struck a pedestrian in Stafford, causing the woman serious injuries, was issued traffic tickets related to the accident on Route 33 at 12:28 p.m., Sunday.

Cited was Katelyn Brown, 23, of Falling Leaf Trail, Brockport. She was also arrested on an unrelated warrant and turned over to Ogden PD.

Brown was issued tickets for aggravated unlicensed operation, 2nd, moving from lane unsafely and failure to use due care approaching a pedestrian.

The name of the woman who was injured was not released, but she reportedly suffered serious injuries and was transported by Mercy EMS to University of Rochester Medical Center. 

The original report was for a pedestrian struck by a vehicle with the vehicle leaving the scene, followed by a report of a car leaving the roadway, traveling into a ditch and striking a utility pole.

Brown reportedly told deputies when they first arrived that another car had struck the pedestrian and that she drove off the road when she became scared after seeing the accident.

Upon further investigation, deputies determined that Brown was the alleged driver who struck the woman with her vehicle.

The accident is being investigated by Deputy Andrew Hale, Investigator Joseph Graff and members of the Crash Management Team. 

Stafford fire assisted at the scene.

Press release:

On behalf of the Jackson Primary School staff and students,  we would like to extend our sincere appreciation and gratitude to Father David Glassmire and Ascension Parish.

On Wednesday, March 8th, the school needed to evacuate all students quickly due to a serious house fire, across the street from the school. It was a very cold and windy morning as 350 primary students walked to the Ascension Parish parking lot in evacuation protocol.

Within minutes, students were able to enter the Sacred Heart reception hall and knew they were safe and warm. Father David welcomed us immediately and quickly supported our needs in order for the school to operate an efficient evacuation dismissal plan.   

Additionally, we would like to thank Sherry Otto who saw us coming and quickly communicated this to Father Glassmire, Dave Fasano, and the City Police Department for assisting us that morning.

The overall support from Ascension Parish is a true reflection of the wonderful and compassionate people that make up  Batavia’s community.

Diane Bonarigo/Principal

A fire alarm sounded at Woodward Memorial Library in Le Roy. No signs of smoke or fire. The library, located at 7 Wolcott St. was evacuated as well as Wolcott School. Le Roy and Pavilion firefighters are on scene. The alarm was tripped by an electrician working at the library. Pavilion is going back in service. The schoolchildren are being allowed to return to school. Le Roy will remain on scene a few more minutes.

Press release:

The Genesee County Fair announces today that 10 scholarship of $1,000 each will be awarded to current New York State high school seniors and also students enrolled in college. The New York State Association of Agricultural Fairs (NYSAAF) and the New York State Showpeople’s Association (NYSSA) sponsor the scholarships.

Qualifying students must be active at the Genesee County Fair or The New York State Showpeople’s Association. All applicants from Genesee County must submit their applications through the Genesee County Fair or the New York State Showpleople’s Association no later than Friday, April 10.

Information is available through the Genesee County Fair at (585) 344-2424, through Cornell Cooperative Extension of Genesee County, and from local high school offices. Applications must be printed and completed from the Web at www.nysfairs.org.

For more information, contact the Genesee County Fair Office at (585) 344-2424 or visiting www.gcfair.com

Press release:

2017 marks the 30th year that GO ART! has proudly administered the New York State Council on the Arts’ Decentralization (DEC)  Regrant Program  in Genesee and Orleans counties. This program was initiated by the NYS Legislature to offer more artistic and cultural decision-making for state monies spent at a local level.

On March 2nd , GO ART! honored 24 grant recipients from across our two-county region. This year, 20 Reach Grants have been awarded to deserving nonprofits and local government entities who will provide cultural and artistic programming to benefit the local community. In addition, one Ripple Grant has been awarded to an individual artist to create a new work, and three Spark Grants (Arts in Education Grants) have been awarded to individual artists and nonprofit organizations, providing K-12 public school students and/or senior learners high-quality artistic learning experiences.                

With the honorees and GO ART! Board and staff, Sharon White representative of Stephen Hawley, Lynne Johnson, Vice Chairperson of Orleans County Legislature, John DeFillips, of Orleans County Legislature, and Gregg Torrey, of Genesee County Legislature, were treated to a vocal performance by the Genesee Chorale and local school music teachers, Lauren Picarro-Hoerbelt and Jennifer Neroni-Trupo.

 These are the 2017 DEC recipients:

 Orleans County

• The Arc of Genesee Orleans, sponsored by Orleans County Chamber of Commerce (Open Mic & Art Show), $2,375
• Lee-Whedon Memorial Library ("Finally Fridays!"), $2,800
• Lyndonville Lions Club (Music Fun in the summer in Lyndonville), $3,800
• Orleans County Chamber of Commerce (Traveling Towpath Troubadours: Bicentennial Celebration of the Erie Canal), $5,000
• Village of Albion (Concerts on the Canal), $2,673
• Village of Holley (Concerts at Canal Park), $1,000
• World Life Institute Inc. (Voices from Earth: Pottery Experience in Orleans County), $4,908
• Yates Community Library (More Than Just Books ),  $4,400

Genesee County

• The Arc of Genesee Orleans (Art Show and Film Festival), $2,394
• Batavia Concert Band (2017 Summer Concert Series), $4,250
• Batavia Players (Summer Musical), $1,750
• Byron-Bergen Public Library (Art and Music in the Community), $2,250
• Genesee Chorale (Genesee Chorale 2017 Season), $4,000
• Batavia Players (Spring After School Program), $1,427
• Jill Pettigrew (NYS School for the Blind 150th Anniversary Permanent Ceramic Tie Mural), $3,559
• Ted Canning sponsored by Genesee Symphony Orchestra (Steel Band Residency), $1,725
• David Burke (Byron-Bergen Public Library Exterior Mural),  $2,500

If you enjoyed any of the events or public artwork created by the recipients, please note that the Decentralization Grant Program (DEC) is probably in danger of being cut or disseminated by Federal budget cuts that are being proposed. If you care about art and culture in your life at the grassroots level, let your legislators know that we need funding to continue to promote art and culture in our community.

This morning's service at St. Paul Lutheran Church in Batavia was dedicated to members of the law enforcement community, to pray for them and to encourage them and to thank them for their service to the community. There were representatives at the service from the Sheriff's Office, Batavia PD and the State Police.

Pastor Allen A. Werk officiated. He is also chaplain for the Sheriff's Office.

Pastor Werk read from Joshua 1:9: "Be Strong. Be courageous. Do not be terrified. Do not be discouraged. For the Lord your God will be with you wherever you go."

His message was that God promises to be with us in whatever challenges and difficulties we face, especially those who serve.

“God is your backup," Werk said. "He has your back in every situation you face. Every call out, every domestic, every accident, every traffic stop, every disturbance, every break-in, every rescue, every crisis, every disaster, God promises that he will be with you wherever you go.”

A tractor-trailer and car collided on the eastbound Thruway by mile marker 396.9. All occupants are believed to be out of the vehicles. East Pembroke Fire Department and Mercy medics are responding.

A two-vehicle collision with possible injuries is reported at Route 98 and the Thruway entrance. There was air-bag deployment. Town of Batavia fire and Mercy medics are responding. Law enforcement is on scene.

UPDATE 4:06 p.m.: Town assignment back in service.

A motor-vehicle accident with injuries is reported in the area of 6150 Clinton Street Road. It's between Caswell Road and Route 237. Stafford Fire Department is responding along with Mercy medics. Responders are told to use caution upon approach because a utility pole "may be involved."

UPDATE: Two flatbed tows are called. National Grid is responding to repair a damaged pole. Sheriff's deputies are on scene. The Crash Management Team is called in. A patient(s) was transported to Strong Memorial Hospital University of Rochester Medical Center. The Stafford fire assignment is back in service.

Joe Hinz was named Firefighter of the Year for the Town of Batavia Volunteer Fire Department and Steve Coburn received the President's Award during the department's annual awards and installation dinner at Terry Hills last night.

Officers installed for 2017:

Line officers: Daniel J. Coffey -- chief, Chad R. Higgins -- deputy chief, Robert H. Tripp -- first assistant chief, Paul R. Dibble -- second assistant chief, Andrew Z. Mullen -- captain, David J. Tran -- lieutenant, Paul G. Barrett -- Safety Officer.

Corporate Officers: Michael D. Jones -- president, Nathan L. Fix -- vice president, Steven C. Coburn -- secretary, Donald F. Koziol -- treasurer, and directors are Paul G. Barrett, Gary D. Diegelman, Daniel P. Jacques, Robert J. Mullen and Timothy J. Yaeger.

Steve Coburn and Joe Hinz with department officers.

Some of the top responders making at least 100 calls in 2016.

Last night was the last official student art show for Deb Meier, an art teacher at Batavia High School for 31 years. She's pictured in the back row on the left, with some of the city schools students who won awards Friday night in the opening art show at Richmond Memorial Library for Student Art Month.

Meier said she will continue volunteer work with student artists because she thinks it's so beneficial to the kids.

"Art gives enjoyment to life," Meier said. "It gives meaning. The arts, even though we only celebrate it once a month a year with Youth Art Month, it's essential to our beings. We are no longer living in caves. We’re living in houses that are designed by architects, wearing clothes that are designed by fashion designers."

Art is all around us, she agreed.

"Yes, we just need to learn to see it."

What she's enjoyed most about teaching art she said is seeing the students blossom. 

"Seeing the realization, seeing the light bulb go off when they realize they’ve got it, they did something right, they took something and explored a new media or new idea in expression," she said.

A tractor is reportedly on fire at the Thruway interchange at Park Road and Oak Street, Batavia.

City fire responding.

UPDATE 7:47 a.m.: City fire on location. No fire at that location. 

A building at 9778 Creek Road, Bethany, is charged with smoke, but no fire seen.

Bethany fire along with Town of Batavia and Alexander dispatched.

The location is Baskin Livestock.

UPDATE 5:57 a.m.: Town of Batavia can go back in service. Alexander to continue. Owner reported blown-out motor on a furnace. 

UPDATE 6:28 a.m.: Bethany assignment back in service. 

James “Beef” Soggs, who coached youth sports pretty much year around -- football, basketball, baseball -- for two decades passed away yesterday at age 54.

He will be missed.

"He was always upbeat and very positive," said Buddy Brasky, who coached with him and against him in baseball, and worked with him as one of the coaches in his youth basketball program. "He never looked at anything in a negative way, which is why the kids loved him. He had a special way of making the kids feel good about themselves. He made them feel like a million dollars. Kids loved playing for him."

Dave Hall, who coached Little League with Soggs for 18 years, said he's never known a coach more dedicated to the kids. He said they talked daily, sometimes three or four times a day, about baseball or particular young athletes. Soggs always had the best interest of the kids at heart.

He got down to their level and communicated with them in a way they got, Hall said.

"He just had a way with the kids," Hall said. "He knew what to say. He knew when to put his foot down. He knew when to put an arm around a kid and give him a hug and show them a little love.

To meet Beef was to make a new friend. He always had a smile and a positive word.

"He was just a good-hearted guy," Brasky said. "You won't find anybody who has a bad thing to say about him. He just made you feel good when you were around him."

Rick Mancuso said the thing he admired about Soggs was he was into youth sports for all the right reasons.

"Beef was in it for the kids and you can't always say that about every coach these days," Mancuso said. "He always did the right things in the right way."

He said Soggs contributions to the community went beyond sports and went beyond Batavia.

"He did a lot for the community and for a lot of different people and the kids are better for it," he said.

Hall said he will miss his good friend. He already does. But he also said the community will miss him.  

Soggs, he said, had plans to coach in the minors this year so he could coach his grandson.

"He was looking forward to that," Hall said. "That's the sad part. He will miss that opportunity."

A washer fire with smoke showing is reported in the mobile home park on Lake Street Road in Le Roy. Le Roy Fire Department is responding with mutual aid from Bergen and Pavilion to 8769 Lake Street Road, Lot #12.

UPDATE 1:31 p.m.: A first responder on scene reports a light haze inside the structure.

UPDATE 2:11 p.m.: The Le Roy assignment is returning to service.

The JCPenney store in Batavia apparently has been spared from the ax that will come down on 138 of the company's stores across the United States.

The major retailer today announced that it will close three stores in New York State -- Dunkirk-Fredonia Plaza, Dunkirk; Westfield Sunrise, Massapequa; Palisades Center, West Nyack -- probably in the second quarter of the year which ends in July for J.C. Penney Co., but will continue to operate the store located in the City Centre Mall.

With its remaining 876 stores, "Penney's" will still have at least one location in 49 states and Puerto Rico. It has no stores in Hawaii. The chain's original store in Kemmerer, Wyo., at 722 J.C. Penney Drive isn't on the list and will remain open. 

The states with the biggest number of closings were Texas (nine), Minnesota (eight), Michigan (seven), Illinois (seven), Pennsylvania (six), North Carolina (five), Wisconsin (four) and Oklahoma (four).

A 40-year-old Batavia resident is facing multiple tax fraud, grand larceny and forgery charges following a joint investigation by the State Police and the Department of Taxation and Finance.

A former caregiver who bilked two elderly patients out of more than $308,000 from 2006 to 2011 and eventually pled guilty to four felonies, was sentenced to prison and is now free, but she's finding it difficult to pay restitution.

Heidi L. Schollard was ordered to pay $500 a month when she was sentenced to the maximum possible term in August 2012, which was concurrent sentences of two-and-a-third to seven years on three of the felony convictions and one-and-a-third to four years on the fourth.

She pled guilty to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony.

She was released from prison Feb. 13 and was ordered to make her first $500 payment within 30 days of her release. She has so far failed to make any payment.

Public Defender Jerry Ader, representing Schollard in County Court yesterday, said Schollard only recently secured employment but will still find it difficult to make $500-a-month payments.

Apparently, while still in prison, Schollard petitioned the court for a modified restitution order, but that request was never acted on.

Whether the court can take action against Schollard was the point being argued in court yesterday and the reason for the hearing.

Ader's position was that based on statute since Schollard received the maximum possible prison sentence for her conviction, the County Court cannot impose new sanctions on her if she fails to meet the restitution requirements.  

Without the ability to impose new penalties, the court's only option, Ader said, is to make restitution a civil matter. The victims would need to seek restitution through civil, not criminal, courts. 

District Attorney Lawrence Friedman argued that since Schollard's sentence was concurrent and not consecutive, she didn't receive the maximum possible sentence under the law so therefore Judge Charles Zambito can take punitive action against Schollard if she fails to meet restitution demands.

Zambito said he wasn't going to rule on the issue from the bench and ordered both attorneys to file briefs in support of their positions laying out the legal arguments and case law to support their assertions.

The issue was scheduled for a further hearing at 1:30 p.m., April 10.