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St. Joe's establishes endowment fund

By Howard B. Owens

Press release:

St. Joseph School (SJS) has been working toward financial self-sustainability for several years. Tuition, fundraising and other income sources can no longer be the sole funding source for Catholic schools. Due to the current economic climate, the need for long-term and strategic budget forecasting is imperative.

Lauren Humphrey, Advancement coordinator at St. Joseph School, is proud to announce that the St. Joseph School of Batavia Endowment Fund has been established and that it has been given a fantastic kick-off with two anonymous donations totaling $105,000! These wonderful donors have left a permanent mark on the school and have created a long-lasting legacy that will benefit St. Joseph School’s students for years to come.

At SJS, a team of committed volunteers, staff members, and board members have worked tirelessly to establish enhanced and relevant financial and operational plans. The All Apostles Society (AAS), an annual giving recognition program, was put into place several years ago. AAS membership continues to grow; however, the need for something with even greater effect was necessary. About three years ago the team began looking into long-term strategies, including an endowment.

Because a permanent endowment is an invested pool of money that provides a reliable source of income in perpetuity, the organization now has the ability to rely on annual distributions from the endowment for its charitable work. The endowment will also relieve some of the pressure on smaller fundraising projects and events while creating economic stability for the future.

Bryan Winters, SJS parent, board member and Advancement Committee chairperson, weighs in on what this means for our school: “The creation of the SJS endowment is our most important step in designing a self-sustaining financial model for the school. Over the long-term, this will create a steady flow of income for the school without being quite so dependent on local parishes or the diocese. The immediate impact will actually be beneficial for our donors.

"We will now have the ability to provide more complex and deferred gift arrangements such as charitable gift annuities, charitable remainder trusts and other life income types of agreements. Until now, many of our most generous donors have never considered gifting assets from various securities such as, IRAs, 401(k) plans, pensions, stocks, bonds, even old life insurance policies.

"The SJS endowment is going to have a tremendous positive impact for our community. As SJS continues to grow both the endowment and our annual giving society, the All Apostles Society, our financial outlook is the best it has ever been. Most importantly, current and future students of SJS will reap the benefits of this strategic project.”

Principal, Karen Green notes that, “The ability to find financially prudent ways to support the operation of the school is becoming more and more challenging every year. In combination with our annual giving society (The All Apostles Society), this endowment will provide school leadership with the ability to offset the annual expenses of the school and move closer to our goal of complete self-sustainability.”

Photo:

Top row: Rick Suchan, executive director of Development, Diocese of Buffalo; Marcia Huber, Resurrection Parrish business manager; Lynne Houseknecht, St. Joseph School Advisory Committee president; Roger Bohn, Resurrection Parrish Council president; Seana Logsdon, St. Joseph School Advisory Council vice president; Robert Zickl, St. Joseph School Advisory Council secretary; Bryan Winters, St. Joseph School Advisory Council member, SJS parent, Advancement Committee member.

Bottom row: Norman Argulsky, Resurrection Parrish trustee and St. Joseph School Advisory Council member; Fr. Ivan Trujillo, pastor of Resurrection Parrish; Karen Green, principal, St. Joseph School; John Dwyer, Resurrection Parrish trustee.

Law and Order: Darien resident charged with insurance fraud

By Howard B. Owens

Gerald John Wiesmore, 47, of Herkimer Road, Darien, is charged with insurance fraud, 3rd, attempted grand larceny, 3rd, and falsely reporting an incident. Wiesmore allegedly reported his 2009 Ford F-150 as stolen and then attempted to file an insurance claim well in excess of $3,000.

Kayla Wethington, 26, of Batavia, is charged with grand larceny, 4th. Wethington allegedly stole more than $1,000 from a family member’s purse at a residence in the Town of Bethany.

Ryan A. Ballard, 23, of Dundee, is charged with DWI, speeding, failing to keep right and improper turn. Ballard was stopped on Harper Road, Darien, by State Police. Ballard allegedly failed the standardized field sobriety test.

Matthew S. Martin, 31, of Canandaigua, is charged with DWI, failure to keep right and excessive window tint. He was stopped on Colby Road, Darien, by State Police. Martin allegedly had a BAC of 0.08. 

Joseph A. Andrese, 28, of Rochester, is charged with DWI, speeding, moved from lane unsafely and driver-no seatbelt. Andrese was stopped on State Route 77,  Corfu, by State Police. Andrese allegedly failed a standardized field sobriety test. He was allegedly found to have a BAC of .15.

Jorge Cortes, 25, with no permanent address, is charged with assault, 3rd, strangulation, 2nd, intimidating a witness, 3rd, criminal possession of a weapon, 4th (non-citizen), and criminal mischief, 4th (preventing emergency assistance). Cortes is allegedly an undocumented person from Oaxaca, Mexico. He is accused of being involved in a domestic incident. He was jailed without bail.

Alex J. Ianita, 21, of Bank Street, Batavia, is charged with endangering the welfare of a child, unlawful imprisonment, assault, 3rd, petit larceny and robbery, 2nd. Ianita was allegedly involved in a domestic incident. He was jailed without bail.

Jimpce J. Etienne, 39, of Warren Street, Batavia, is charged with DWI and open container. Etienne was stopped at 4:16 p.m. Saturday on Jackson Street by Officer Marc Lawrence.

A 17-year-old resident of Walnut Street, Batavia, is charged with resisting arrest. The youth was taken into custody on three separate City Court warrants. He was handcuffed and placed in the back of a patrol vehicle. He allegedly attempted to break free from police, pushing past them. He was subdued and transported to police headquarters where he allegedly caused an ongoing disturbance, kicking walls, doors and other furnishings in the holding room.

Johnnie M Waston, 32, of Dodge Street, Batavia, is charged with attempted assault, 2nd, and endangering the welfare of a child. Waston is accused of grabbing a youth by the legs causing the youth to fall to the ground. The mother of the youth confronted Waston and Waston allegedly threw a glass bottle at her, hitting her with it.

Jacy William Lennon, 39, of Empire Boulevard, Rochester, is charged with issuing a bad check. Lennon was arrested on a warrant and posted $500 bail.

A 16-year-old resident of Vine Street is charged with petit larceny. The youth is accused of stealing food from Dollar General.

John A. Thomas, 50, of State Street, Batavia, was arrested on a warrant for alleged failure to abide by release conditions. 

Kimberly A. Brodsky, 23, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge.

A 17-year-old resident of South Swan Street, Batavia, is charged with petit larceny. The youth is accused of stealing a drink from Dollar General (name withheld by Batavia PD).

Willie A. Saab Jr., 41, of West Main Street, Batavia, is charged with menacing, 2nd, harassment, 2nd, criminal mischief, 4th, and endangering the welfare of a child. Saab was arrested on a warrant. He was also arrested on charges stemming from an alleged domestic incident on Prune Street on Aug. 11. He was jailed without bail.

Matthew D. Derrick, 30, of Batavia, is charged with criminal contempt, 1st. Derrick allegedly violated a stay away order of protection. He reportedly has a prior criminal contempt conviction in the past five years, making the new charge a felony. He was jailed without bail.

Chad Daniel Crawford, 37, of McKenzie Street, Bergen, is charged with assault, 3rd. Crawford was allegedly involved in a domestic incident. Crawford allegedly grabbed another person and pushed the person's head into a sink.

Torrential downpours possible tomorrow and tomorrow night

By Howard B. Owens

A flash flood watch has been issued for the area for Thursday and Thursday night with a storm system moving in capable of dropping copious amounts of rain.

The weather service calls it an unusually strong storm that will produce numerous showers and thunderstorms. Torrential downpours are possible resulting in significant localized rainfalls.

A slow-moving cold front within a subtropical airmass is crossing Western New York tomorrow, creating the conditions for downpours throughout the area.

Excessive runoff from the rain could flood small streams and creeks and pour drainage in areas could cause flooding. The weather service advises people to get to higher ground should there be prolonged heavy rain in areas with flooding potential.

Police respond to disturbance on Columbia Avenue

By Howard B. Owens

Four Batavia PD patrols responded to the Columbia and East Avenue area of the city for report of a disturbance involving multiple individuals around 10 p.m.

There was a search for a subject, who was found and detained in the back of a patrol car, but subsequently let go after the person identified as the victim declined to pursue a criminal complaint.

Also, a witness provided a suspect description that differed from the alleged victim, said Sgt. Chris Camp.

Camp said there may be a history, though unconfirmed at this time, of the "victim" and the other individuals involved and an alleged petit larceny of property from a front porch.

A witness told The Batavian there were racial slurs thrown about and there may have been a verbal confrontation that precipitated the larger melee. 

Camp said there were no injuries as a result of the conflict.

Officers were clearing the scene at 10:45 p.m.

Accident with minor injuries reported on Main Road, Pembroke

By Howard B. Owens

Pembroke and Indian Falls firefighters are on scene of a motor-vehicle accident at 678 Main Road, between South Lake Road and Back Street.

Minor injuries reported.

Mercy EMS is responding.

A passenger with minor injuries was reportedly entrapped, but a firefighter there said all occupants are out of the SUV.

UPDATE: Reader submitted photos.

Le Roy FD treasurer who stole from department given short jail term, probation

By Howard B. Owens
    Dennis Snow

In most embezzlement cases, said Judge Robert C. Noonan during the sentencing of Dennis Snow, the victim is "out for blood."

That wasn't the case with Snow, who was accused of stealing at least $16,000 from the Le Roy Fire Department. In this case, some members of the department sent in letters asking for some degree of leniency with Snow, even those who thought Snow should spend some time in jail.

Even Det. John Condidorio, whom Noonan characterized as "strong willed," wrote a letter in support of Snow.

However, an element of sentencing, said Noonan, is that a sentence should not "cause the public to lose confidence in the justice system."

"People ask why a woman can steal a scarf from Walmart and go to jail but a person who steals tens of thousands of dollars doesn't," Noonan said.

Those in the judicial system understand all the factors that go into sentencing an individual, but that doesn't satisfy the public's confusion over the disparity.

For that reason, Noonan sentenced Snow to a 30-day intermittent jail term. From 6 p.m. on Fridays until 6 p.m. on Sundays, Snow will serve time in the Genesee County Jail. His sentence starts this Friday.

Snow's attorney, Clark Zimmerman, tried to argue that any jail time could jeopardize Snow's job, which occasionally requires travel and weekend work.

"I don't think anybody wants that to happen given the amount of restitution required," Zimmerman said.

He also noted that Snow's wife has significant health issues.

At one time, Snow was accused of stealing $60,000 from the fire department, a figure first uncovered by the state's Office of Comptroller. The firefighters' benevolence association had an independent audit completed and arrived at a figure unpaid of just over $16,000.  

Snow was apparently taking money and returning some of it over a period of time. Zimmerman said he always made sure the department had enough money to cover critical expenses. He didn't disclose what Snow was doing with the money. He said his client had already reimbursed the department at least $8,000, but as a term of the plea deal, Snow could not dispute the restitution claim.

Upon completion of his jail term, Snow will be on probation for five years.

When asked to speak, Snow sobbed throughout his short statement to Noonan.

"I want to apologize in public to the Le Roy Fire Department and all the members, past and present, whose trust I violated," Snow said.

He apologized to his family for embrassing them and to the community that he said he has loved for 30 years.

Stafford: The fence that divides a community

By Howard B. Owens

Crista Boldt

Pop quiz: You're a code enforcement officer and your job is to measure a fence to see if it is less than six feet high and therefore conforms to the local building code. Do you measure from the side of the fence of the property owner who built the fence, or do you measure from the other side?

In Stafford, Code Enforcement Officer Lester Mullen measured from the non-owner side. That was his solution to a question that apparently has no correct answer under existing town law, but has unleashed a protracted legal battle that has consumed at least $10,000 of taxpayer money and caused James Pontillo to shell out nearly $10,000 in attorneys fees.

The two adjoining properties are different grades, accounting for a variance in fence height from one side to the other.

The issue of the fence has morphed into a soap opera of sorts and still has no resolution; though, it was hashed out at great length at a public hearing before the zoning board of appeals on Monday night.

Peter J. Sorgi, the attorney for Pontillo, explained it this way: His client decided to build a fence two years ago between his property, the ancient and former Odd Fellows Hall on Stafford's historic four corners at Main Road and Morganville Road, and the property to the west, where Tom Englerth erected a steel-roofed building that is currently leased by the Stafford Trading Post and a hair salon.

The feud between Pontillo and Englerth is well documented. It's genesis seems to be Pontillo's successful bid to buy the property at 6177 Main Road in 2010 for $40,700. His purchase of the building was applauded by members of the Stafford Historical Society and Pontillo promised to clean it up, restore it and return it to a useful commercial and residential property. There was concern at the time that Englerth wanted to move or raze the building and open a gas station at the location.

Over the years, there have been numerous police calls to the location as Pontillo and Englerth have scrapped over access to Englerth's property for high lifts for roof workers, snow removal, garbage dumping and property lines.

The fence issue wound up in court, and a Stafford judge ordered the fence removed. On appeal, Robert C. Noonan, in his capacity as Superior Court judge, upheld the ruling that the fence was out of compliance with local ordinance -- supporting Mullen's measurements -- but reversed the lower court's order that the fence be removed.

Pontillo was ordered to pay a $2,500 fine, but the fence still stands and Pontillo is seeking an area variance for an eight-foot-tall fence, though he unofficially contends the fence, measured on his side of the property line, is only six feet tall.

The meeting Monday night can only be described as contentious, with Pontillo already seeming to have scored some demerits with Crista Boldt, chairwoman of the ZBA, for blaming the town at last week's County Planning Board meeting for his application lacking surveys, plans and photos. Pontillo claimed to have provided those items to the town and was surprised the town hadn't passed along those exhibits.

"I don't want untrue things getting said when you go to other boards," Boldt said. "It reflects poorly on the town."

Sorgi explained Pontillo's remarks to the county as a misunderstanding. The Town of Stafford doesn't require those exhibits, but the county board wanted to review those details. Pontillo, he said, had at one time or another provided the town with all of those materials, but not part of this specific application, because the town didn't require those items be attached to the application.

Sorgi then provided a brief history lesson on the local planning process, which only began in New York about 100 years ago.

There are court cases that outline the role of a zoning board, he said, which is to act as a safety valve to help interpret zoning ordinances. It's role in considering a variance was to balance the benefits to the property owner against the health, safety and welfare of the local community.

James Pontillo

He provided, from NYS code, the five criteria the board must consider and explained how all five criteria weigh in favor of his client.

The benefits Pontillo seeks, Sorgi said, is to hide what he described as an unsightly mess next door, from exposed dumpsters to an unkempt back lawn and junk strewn about (when we look at the property after the meeting, the lawn had been cut within the past two weeks and there were only a few loose items in the yard).

Town Attorney Kevin Earl said a six-foot fence accomplishes the same goal, but Sorgi said not if Pontillo does as planned and builds a back deck on the property, which will be used for dining and drinking.

The fence also prevents snow from being piled up against the old building and makes use of the westside fire escape safer.

The board must consider, Sorgi said, whether the change hurts the character of the neighborhood or is a detriment to nearby properties. He said the fence does no harm and with the 80-foot flower box Pontillo has installed, actually enhances the neighborhood.

The board must consider whether the applicant has a feasible alternative, and Sorgi said there is none.

The request for a variance must be substantial, according to state law, and since a court has ruled the fence is too high, the variance is necessary to achieve Pontillo's desired benefits.

The board must consider whether the variance, if granted, will adversely impact the physical or environmental conditions of the neighborhood.

The answer, Sorgi, said is no.

Finally, the board must consider whether the need for the variance is the result of an issue self-created by the applicant. It wasn't, Sorgi said, because the town doesn't require any sort of permit for a six-foot-high fence and since his client thought, by his own measurements, he was building a six-foot-high fence, there was no official method to confirm with the town that the fence was within the required height. The town didn't object to the fence, Sorgi said, until it was nearly completed.

The only speakers at the public hearing, five altogether and all local residents, each supported Pontillo's variance request.

During the course of the presentation, there were tense moments.

Sorgi took issue with Mullen declining to speak on the record, in front of the press and public, about his position on the variance request. Mullen specifically cited the presence of news media as his reason for not speaking.

When Sorgi left out "physical" to go with "environmental" on the criteria for the board to consider, Boldt called him on it.

Sorgi raised the issue of a fence on the other side of Englerth's property, built by Englerth, that exceeds the six-foot height limit, but Englerth is apparently not facing the same level of scrutiny over that fence, Sorgi said, as his client.

Pontillo accused Englerth of trying to fudge the property line before his fence was built by moving a surveyor's stake at the back of the property by as much as six feet. That dispute led to an accusation of trespassing by Englerth and one of the multiple visits by troopers to mitigate tensions over the past couple of years.

Sorgi tossed a couple of barbs Attorney Earl's way, expressing disdain that Earl threatened to have Pontillo arrested if he didn't take the fence down. Earl argued that isn't exactly what he said, that he merely mentioned that a consequence of failure to abide by zoning law could result in a jail sentence, which he has sought before in other jurisdictions, where he has also served as a municipal attorney, for similar violations. It's not an abnormal response to zoning violations by municipal attorneys.

Sorgi also peppered Earl, whom he accused of chasing billable hours, with questions about why he was even at the meeting: Was he there as a private citizen or as the town's attorney? Earl said Town Supervisor Robert Clement asked him to be there, and Sorgi said that Clement, under state law, didn't have the authority to ask Earl to represent the town board at the meeting, that it took a vote of the board for such an action.

As a result of the meeting, both attorneys are now on record on two key points:

  • Earl said "nobody is trying to get the fence taken down." The town officially has no position on how the ZBA should vote on the variance request.
  • Sorgi said his client is willing to stipulate for the sake of the variance application that the fence is eight feet tall.

In the midst of this rancor, Sorgi reminded the ZBA that its job was to weigh the evidence without consideration for personalities or past history.

"This isn't about James Pontillo or whether you like him or whether you like this neighbor more than that neighbor," Sorgi said. "This is about whether the request benefits the applicant without doing harm to the health, safety and welfare of the community. That's it. Whether you like somebody isn't the question. It's a simple test."

The ZBA is scheduled to vote on the application for a variance at its September meeting.

Previously:

Attorney Peter Sorgi

Motor-vehicle accident at Main and Cary, Village of Oakfield

By Billie Owens

A motor-vehicle accident with possible minor injuries is reported in the Village of Oakfield at North Main Street and Cary Avenue. An elderly male is said to be shaken up by the incident. Oakfield fire and Mercy medics are responding.

This weekend Corfu debuts 'Yard Sale Daze and Vendor Fair'

By Billie Owens

Press release:

New event in Corfu: the debut of Yard Sale Daze and Vendor Fair!

Planned in the Village of Corfu Saturday and Sunday, Aug. 22 and 23 from 8 a.m. to 4 p.m.

The flier says they are "calling all musicians, animals, yard sales, crafters, clowns, artists, retailers, fundraisers, service providers, cooks, car washes and bakers" to participant.

The community event is free to join. Set-up for nonresidents or outside the village is in the parking lots, such as the American Market parking lot (the old IGA). You are welcome -- "Just find a spot."

"The Village Board and I are hosting the event," said organizer "Debbie," "to draw people into the community."

Check out Facebook or call (716) 262-7869 for more information.

Found: Female chihuahua, this morning at Summit and North streets, Batavia

By Billie Owens

This female chihuahua was found this morning at the corner of Summit Street and North Street in the City of Batavia. She is extremely friendly, has a pink Aztec-design collar, but no dog tags. She is currently at the old Robert Morris School in the Building and Grounds Office, phone number (585) 343-3480, ext. 1013; or you can contact Jim Jacobs at (716)474-0491.

Football Preview: Call it swag, if you will, but Blue Devils out to prove they can repeat Section V title

By Howard B. Owens

There's a fine line between arrogance and cockiness. Confidence can breed complacency. Desire can succumb to expectations that lead to a catacomb of missed opportunities. A season can unravel in the difference between resolve, determination and grit versus just showing up and settling for an "I tried" shrug and a "pass the Gatorade." 

It's that difference Batavia Blue Devils Head Coach Brennan Briggs must negotiate as he heads into the 2015 season leading a team that a year ago, by all accounts, shouldn't have won a sectional title but did, and now is stocked with talented, seasoned seniors who are talking about a repeat on the first day of practice.

"That's going to be biggest battle I'm going to be fighting this season is telling these guys the 2015 football team hasn't won a single game yet together," Briggs said. "Last year, yes, we won a championship, but we were fortunate. We had 24 kids. We stayed healthy. We had zero injuries. We caught quite a few breaks and we made some big plays when we needed to. Nothing is guaranteed. It's very, very difficult to win a back-to-back championship, so honestly I don't like that they're talking about championships or anything like that."

The Blue Devils start pre-season camp with 31 players, and 18 of them are seniors. Some of them are stars if not solid contributors. Greg Mruczek is back at QB. He'll be joined offensively by Trevor Sherwood, Malachi Chenault, Adonis Davis, Anthony Gallo, Dominick Mogavero and Noah Dobbertin.

The depth and versatility is noticeable to the players and they can't help but talk of a repeat.

"We're ready to step back up," Mogavero said. "I feel like the whole team is ready to step up its game."

Gallo agrees.

"We're definitely after another championship," Gallo said. "I feel like we're all ready for it. I feel like that's everybody's goal. We want to win and we just want to get back where we were last year."

Briggs wants to see his players focus on getting better every day. Every day, they play against a faceless opponent on their own internal clock and only they know the score, but the outcome of those matches will determine what happens on Friday nights.

While Briggs wants to tap down the championship talk, he also gets that he's dealing with a group of confident kids, and it was confidence that carried this team from a tough opening loss in 2014 against Livonia through big wins to close out the season and bring Batavia its first sectional title in football since 1991.

Briggs calls it "swag," a characteristic the coach talked about as the wins began to pile up last season.

"I do appreciate that they do have a little bit of swag to them, I guess you could call it that, and it is good, because as we found out last year, we were in some tight games toward the end and that kind of pushed us though," Briggs said. "They had confidence that they could get the job done. I think with all of their off-season work and the commitment they've put into the program, and the buy-in, that does help with every single game, day-in-and-day-out, to know that we have what it takes to win a championship, but saying it and feeling it is a little bit different than going out and doing it."

At the end of Monday's workout, Briggs had a straightforward message for his team: "You have a target on your backs."

If the 2014 team was one that came into the season just hunting for a few extra wins, it's now the team to beat for every local gridiron warrior in helmets and pads.

"Nobody is going to give you anything - nobody," Briggs said. "Nobody is going to say, 'Ah, we're playing Batavia, we're going to back down.' Everybody who plays us is going to want to beat us because it might make their season. That might be it. On their calendars, there might be a star, 'We've got a shot to prove something. We've got a shot to beat Batavia. They think they're on top right now. We're going to go out and show everybody else that we're better than them.' "

But the players do think they're better, maybe not yet better than University Prep, better than Wilson, better than Penn Yan and better than Geneva, but they believe they're better than last year, and that's the team that marched through that championship season with a lot of swag.

"Really, I expect to win another championship," Wilson said. 

His job, as he sees it, is to help keep his teammates focused on that goal and fired up for every minute of every practice, because that's what wins games.

"The seniors want to make it happen again, so there's a lot of pressure to do it again," Davis said.

There's peer pressure, then there are community expectations, something Mruczek acknowledges. 

"This community has a lot of expectations," Mruczek said. "With me being the senior quarter people think I need to step up as a leader and I've been trying to do that more; lead this team in the right direction to win another championship. My goal is to put in another solid season, do my 1/11th on the offensive side of the ball and lead this team to another championship."

Briggs thinks Mruczek is ready for the challenge. He isn't a player, the coach said, who worries about his own stats. He gets ready for each game, each play, and knows what his role his.

"He knows how to keep a level head on his shoulders," Briggs said. "I've never questioned his competitive edge or how hard he works, so I'm not too worried about anything like that. He knows what his job is -- go out there and manage the game and be a leader, and hopefully make some big plays when he needs to."

If all eyes are on him as the senior QB, Mruczek is fine with that role, he said.

"I like the pressure," Mruczek said. "I'm confident in this team. We've got a lot of guys with a lot of confidence. I don't really feel any pressure right now. I'm out here having fun my senior year."

Hazardous weather outlook in effect, showers and thunderstorms expected

By Billie Owens

A hazardous weather outlook for portions of Western New York, including Genesee County, has been issued by the National Weather Service in Buffalo.

An "upper-level disturbance" is moving across the region today and will generate some showers and thunderstorms, some of which will include slow-moving downpours.

Since there will be the risk for multiple slow-moving downpours over the same area ("training storms"), there will be an increased risk for localized flash flooding.

By Thursday, a slow-moving cold front will cross Western New York and numerous showers and thunderstorms will occur along and ahead of this cold front, which will likely produce significant rain.

Man admits he stole $6K from Swan Street resident

By Howard B. Owens

A man who stole $6,000 from the bedroom of an acquaintance admitted in County Court today to one count of fourth-degree grand larceny and faces a possible term of one to three years in state prison.

Benjamin J. Bullard, 28, of Maple Street, is out of jail under supervision of Genesee Justice until his sentencing Oct. 13.

Bullard has a prior conviction for grand larceny in City Court; he entered that plea in October.

He was arrested earlier this month on the grand larceny charge, accused of stealing the $6,000 from a residence on Swan Street while the occupant was on vacation.

Heroin dealer from Stafford enters guilty plea

By Howard B. Owens
      Joseph Wind

A Stafford resident accused of dealing drugs in a parking lot off Main Street, Batavia, in March, admitted in County Court today to one count of criminal possession of a controlled substance, 5th.

The plea deal means a possible prison term for Joseph C. Wind, 45, of Horseshoe Lake Road, Stafford, of two to five years.

Wind was observed by members of the Local Drug Task Force participating in a drug deal and was arrested following a traffic stop. 

Investigators found Wind in possession of heroin.

Sentencing is scheduled for 9:30 a.m., Oct. 14, in County Court. He is being held on $50,000 bail.

Man selling crack cocaine at Kibbe Park given prison term

By Howard B. Owens

A 23-year-old Batavia resident will spend three-and-a-half years in prison as the result of his guilty plea last month to one count of criminal possession of a narcotic drug with intent to sell.

Dillion M. Brito, with an address on Highland Park at the time of his arrest in June, was sentenced in Genesee County Court today by Judge Robert C. Noonan.

Brito was arrested in the parking lot of Kibbe Park after being found with a quantity of crack cocaine.

Upon his release from state prison, Brito will be on two years post-release supervision.

Today's Deals: NEW PRICE - Pastore's Pizzeria!, plus Fortune's, O'Lacy's, The Little Ridge, and more!

By Billie Owens

NEW PRICE!  Pastore's Pizzeria, 110 W. Main St., Le Roy, NY 14482: Since 1998, Pastore's has been serving fresh, hearth-baked pizzas and a wide variety of wings, subs, wraps, pasta, salads, as well as many finger foods. We would like to thank all of our loyal customers in Le Roy, Stafford, Caledonia, Pavilion, Bergen and surrounding towns in Genesee County, for making this our 16th year in business! We have a $10 gift certificate for $4.

Fortune's Restaurant inside Batavia Downs, 8315 Park Road, Batavia, NY 14020: Italian-style menu, drinks in one of the region's most popular entertainment venues. We have a $25 gift certificate for $15. (Must be new or current Players Club member to redeem.)

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have a $20 gift certificate for $8.

The Little Ridge, 107 Evans St., Batavia NY, 14020: The Little Ridge continues the long-standing history of fantastic food from Batavia's local favorite, Delavan's. Fine dining and family fare combine to offer the best of both. We offer Friday night Fish Fry, prime rib dinner on Saturdays, steaks, burgers, salads, and classic Italian dishes. Open Tuesday through Sunday 11 a.m. to 9 p.m. Phone 815-5118. Take-outs available. Kids' menu. Weekly and daily lunch and dinner specials. On Saturday, breakfast is served from 9 to 11 a.m. Good food, good friends, good times! We have a $25 gift certificate for $15.

Settler's, 353 W. Main St., Batavia, NY 14020: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $9.50.

O'Lacy's Irish Pub, 5 School St., Batavia, NY 14020: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $15.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY 14020: Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have a $20 gift certificate for $12.

Dave's Ice Cream, 3872 W. Main Street Road, Batavia, NY 14020: Dave's offers only locally purchased products, including Perry's hard ice cream in a wide variety of yummy flavors, with a wonderful assortment of toppings and homemade waffle cones. Different soft-serve flavors are offered weekly. Open daily 11 a.m. to 9 p.m. We have a $10 gift certificate for $4.

Smokin' Eagle BBQ & Brew, 9 Main St., Le Roy, NY 14482. The kind of downhome, laid-back and comfortable place that just feels right. Open daily for lunch, dinner and drinks, this eatery and bar features a variety of eats and drinks that are outstanding. Specializing in smoked meats -- each meat is dry rubbed with a proprietary mix of seasonings, then smoked slowly in their on-site smoker for maximum flavor and tenderness. With a variety of appetizers, burgers, sandwiches, wraps, combo platters and entrées, there's always plenty of choice for even picky eaters. Great food, frosty brews and some of the best folk around call the Smokin' Eagle BBQ & Brew their favorite -- make it your favorite today! Don't forget to ask about our catering! We have a $20 gift card for $9.50.

Bourbon & Burger Co., 9 Jackson St., Batavia, NY 14020: Batavia's newest burger joint offers more than two dozen different types of tasty hamburgers. Our menu also includes a variety of sandwiches, appetizers and an extensive beer list, plus a full bar. We have a $20 gift certificate for $12.

Chap's Elba Diner, 5 S. Main St., Elba, NY 14058: Great food, excellent service in a friendly, family atmosphere await you at this small-town diner featuring breakfast, lunch, weekly specials and all-you-can-eat dinner options. Catering, too! Home of the Muck Plate and Mrs. Bennett's Ham Loaf. Other favorites include Steak Diane, San Francisco Chicken, genuine Hungarian goulash, All-American chicken 'n' biscuits, Friday fish fry. Soups are fresh and tasty. Hours are: Monday through Thursday 7 a.m. to 8 p.m.; Friday 7 a.m. to 9 p.m.; Saturday 6 a.m. to 9 p.m.; and Sunday 7 a.m. to 2 p.m. Phone is 757-5001. We have a $10 gift certificate for $6.

The Original Woody's Deli, 47 North St., Le Roy, NY 14482: It's all here at Woody's "The Corner Deli" -- Made-to-order, hand-battered chicken tenders, homemade cannolis and soups, specialty pizza, wraps, hot and cold subs, Mexican favorites, fresh salads, Garbage Plates, Kids' Menu, wings, catering, delivery. Hours are Monday through Thursday 10 a.m. to 9 p.m., Saturday 11 a.m. to 10 p.m., and Sunday noon to 8 p.m. Stop by today! Or phone in your order 768-8585. We have a $10 gift certificate for $6.

John & Mary's Restaurant, 3711 W. Main Street Road, Batavia, NY 14020: This popular restaurant offers a varied menu that people love. From subs, hoagies, hand-tossed pizza, and wings, to fish & chips, salads, Mexican food, gyros and other Greek fare, it's all here. Only the finest and freshest ingredients are used. Bread, using homemade dough, baked fresh daily. Amazing specialty pizzas and appetizers! "We never waver on quality!" Delivery available all day, every day. We offer catering. Hours 11 a.m. to 9 p.m. We have a $10 gift certificate for $6.

Oliver's Candies, 211 W. Main St., Batavia, NY 14020: Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $12.

Jagged Edges Salon, 4140 Veterans Memorial Drive, Batavia, NY 14020: Jagged Edges Salon is a walk-in and appointment salon for men, women and children. It is a fun, welcoming salon that offers all hair care services including cuts, color, highlights, lowlights, perms, styling/updos, treatments, and facial waxing. Hours are 9 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 4 p.m. on Saturday. We have a $20 gift certificate for $10.

Rancho Viejo, 12 Ellicott St., Batavia, NY 14020: Traditional Mexican cuisine, from tacos and burritos to pollo norteno, Rancho Viejo brings a bit of "South of the Border" to Batavia's restaurant scene. We have a $10 gift card for $4.

Center Street Smoke House, 20 Center St., Batavia, NY 14020: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $9.50.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY 14020: Stretch your body and soul with yoga. This offer is for a $20 gift certificate for the price of $5. Not good with any other discounts or offers. Excludes workshops.

Bohn's Restaurant, 5256 Clinton St., Batavia, NY 14020: Fine dining in an atmosphere of casual elegance. Lunch and dinner, steak, prime rib and seafood. Ask about Bohn's catering services and banquet facility. We have a $25 gift certificate for $12.

T.F. Brown's, 214 E. Main St., Batavia, NY 14020: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's."  Stop in and check out our Jumbo Chicken Wings, Roast Beef on Weck and Friday night fish fry. The original family spaghetti sauce still adorns all of our Italian specialties. The other popular selections from our menu range from Super Salads, butcher cut Strip Loin and South of the Border items. We offer daily lunch and dinner specials as well as a full adult and children’s menu. We have a $20 gift certificate for $12.

Adam Miller Toy and Bicycle, 8 Center St., Batavia, NY 14020: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $10.50.

RULES

[Last updated June 6, 2014. Subject to change without notice.]

A $1 PayPal service fee applies on items more than $10. The fee is 50 cents on items $10 and below.

Rules: The gift certificate must be used by within 30 days of purchase, unless it states otherwise. It is not valid with other offers, has no cash value, and does not include gratuities. Only one gift certificate per-merchant, per-household every SIX months. Gift certificates cannot be combined with other offers without prior approval of the merchant. Gift certificates bought separately cannot be combined for a single purchase. Individuals buying gift certificates must use their own personal PayPal account for the purchase. For hair salons, good for services only, not products.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Unless other arrangements are made immediately after purchase, the gift certificate will mailed to the winner at his or her PayPal-provided postal address within two or three days of purchase.

ENDED

City firefighters will flush hydrants Tuesday west of Main, Oak and Richmond

By Billie Owens

Press release from City fire Lt. Martin Hinz:

The City of Batavia Fire Department will be flushing fire hydrants on Tuesday, Aug. 18, from approximately 9 a.m. to 3 p.m. in the general area of West Main Street, Oak Street and Richmond Avenue. Homes and businesses nearby will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

Law and Order: Concertgoer allegedly driving on 37 suspensions

By Howard B. Owens

Victor M. Delatorre, 23, of Rochester, is charged with operating a motor vehicle while his license is suspected. Officers Peter Scanio and Gene Nati, Corfu PD, stopped Delatorre when he passed through the Village of Corfu after leaving the Zac Brown Band concert Sunday night after an automated license plate reader in a patrol vehicle alerted the officers to a vehicle with a suspended registration. A computer check indicated Delatorre had 37 prior suspensions on 18 dates. Delatorre was jailed on $5,000 bail or $10,000 bond.

Lisa M. Aratari, 43, of Barrville Road, Elba, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right, driving outside of restriction and reckless endangerment, 2nd. Aratari allegedly drove a vehicle away from a location in the Town of Pembroke while a person was standing in the doorway of the vehicle. Aratari's vehicle was stopped on Lewiston Road, Alabama, by Deputy James Diehl. She was jailed on $25,000 bail.

Steven Dustin Downey, 27, of Route 98, Interlaken, is charged with criminal possession of a controlled substance, 7th, and disorderly conduct. Downey was arrested following a complaint of inappropriate conduct at 10 p.m. Friday at Darien Lake Theme Park. Further investigation revealed he was allegedly in possession of morphine.

Scott Leonard Blair, 31, of Stage Road, Clarence, is charged with driving while ability impaired by alcohol and failure to keep right. Blair was stopped at 3:16 a.m. Saturday on Genesee Street, Pembroke, by Deputy Patrick Reeves.

A 16-year-old resident of Alleghany Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, unlicensed operator and unauthorized use of a motor vehicle. The youth was stopped by deputies Patrick Reeves and Jason Saile just after midnight Sunday on Alexander Road, Alexander, following a report of stolen vehicle from a location on Alexander Road, Alexander. The youth was jailed on $5,000 bail or $10,000 bond.

Top Items on Batavia's List

Marketing Assistant — The Batavian Wage: $17 to $18 per hour Status: Part-time (potential to expand to full-time) Location: Work from home (local candidates preferred) The Batavian is seeking a qualified individual to create banner ads and assist with advertising duties to support our customers. Qualifications: High competency with Photoshop, especially for graphic design Training and knowledge in effective ad design Excellent interpersonal skills for client interaction Additional skills with other graphic tools are a plus Key Tasks: Collaborate with the ad sales representative to design ads for our website according to customer specifications Make corrections and adjustments based on customer feedback Upload and traffic ads to our ad server, ensuring correct placement Experience: Applicants must demonstrate a proven ability to perform the required tasks. Additional Information: This position starts as part-time and may expand to full-time. You will work from home; The Batavian will provide a Mac computer for the job. While remote work is possible, we prefer candidates who are local, familiar with our community, and have a strong understanding of our customers. To Apply: Submit your resume and a portfolio demonstrating your graphic design and ad creation skills with a cover letter to Publisher Howard Owens, howard@thebatavian.com.  
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