batavia

Bath salts may have played a role in the criminal conduct of a former Batavia resident who admitted in October to possessing forged checks and who was sentenced in Genesee County Court today.

Richard Lee Matson, 30, will serve a four-month intermittent jail sentence and five years on probation as a result of his guilty plea.

Matson could have been sentenced up to seven years in prison.

As part of his guilty plea, Matson stipulated to $4,500 in restitution for his victims, but Public Defender Gary Horton objected to the restitution today because there was much less requested in actual claims filed through Genesee Justice.

Judge Robert C. Noonan said Matson will need to come back at a later date for a restitution hearing, giving the District Attorney's Office more time to collect restitution claims.

Horton, in arguing for the probation sentence, told Noonan that at the time Matson was involved with the forged checks, he was also using bath salts.

"We all are fairly familiar with the affect bath salts can have on someone's life," Horton said.

Horton added that Matson is a valued employee by his employer.

Russell P. Cessna, 25, of 18 Pleasant St., Le Roy, will spend somewhere near the next 15 years in state prison.

Cessna was sentenced in county court this morning for burglarizing more than a dozen homes in Genesee County.

As District Attorney Lawrence Friedman told Judge Robert C. Noonan, if Cessna received the maximum sentence under his plea agreement, he would spend less than a year in jail for each of his crimes.

Three of Cessna's victims told Noonan how Cessna's burglaries had changed their lives forever.

"I don't like that I don't trust people anymore," said one victim. "I don't like that I don't like seeing cars parked in front of my house because I don't know if somebody is looking at my house because they want to take something from me."

The victim suggested that when Cessna gets out of prison, he be required to do 2,080 hours of community service to reimburse the government for all the resources used to investigate, prosecute and incarcerate him.

Another victim said Cessna stole her wedding ring (custom designed by her husband, which she wasn't wearing during her pregnancy) and her graduation ring.

"He took away the two things that meant the most me and something that can't be replaced," she said.

Another victim also said he has become more distrustful and worried about people coming onto his property.

"You're going to have a lot of time in the next 1,800 to 5,400 days of your life," the victim said. "You'll be able to think about why you did what you did and why you didn't just get a job."

Noonan also received letters from friends and family who support Cessna, but there was also a letter Cessna wrote to a former girlfriend and obtained by the District Attorney's Office that Noonan characterized as "vile."

The letter was discussed extensively by Friedman and defense attorney Jerry Ader.

The letter was written shortly after Cessna's arrest at a time, Ader said, when Cessna was coming down from a severe heroin addiction. Cessna was unhappy with his former girlfriend for something she did that was unrelated to his criminal case.

Ader argued that the letter shouldn't be used as evidence of Cessna's character, yet he couldn't deny that it's a part of who his client is. But he's also a person with friends and family who support him, the attorney said.

"The letters do not paint my client in some rainbow," Ader said. "He is somebody who is troubled, who, while he may not admit it, has mental health issues, issues that run in his family and a drug problem that runs in his family. I'm not saying that excuses him. It explains him."

Local law enforcement caught up with Cessna July 31 as part of an undercover operation that located Cessna in the act of burglarizing a home on Summit Street, Batavia. He accepted a guilty plea to two counts of burglary, 2nd, on Jan. 16.

According to Friedman, Cessna cooperated with investigators from four different law enforcement agencies, admitting to a string of burglaries. Friedman said that cooperation did more to help Cessna himself than it helped law enforcement, because by admitting to the crimes, Cessna avoids possible separate prosecution later on new charges.

Cessna read a handwritten statement to Noonan.

"I wish I could take it all back, but it's too late now," Cessna said, adding later that he knows his actions were selfish. "I'm sorry. I hope they (his victims) can forgive me."

Noonan said Cessna's statement was "a reasonable response for somebody who has committed terrible acts against strangers."

But then there is that letter to Cessna's former girlfriend.

"The letter submitted that was written to a former girlfriend is one of the most vile things I've ever read as part ofa pre-sentence package," Noonan said. "Whether it represents who Mr. Cessna is or, as his attorney said, a part of Cessna, that this man would write such a very, very disturbing letter tells me a lot about the person I am about to sentence."

Cessna was also ordered to pay $32,107.15 in restitution.

Press release:

The staff of Batavia Downs Casino and Thurman Thomas have released the name and logo of their new bar and restaurant to be built inside Batavia Downs Casino. After receiving hundreds of entries via a naming contest, run through Twitter, the name chosen by staff and Mr. Thomas is “34 Rush."

The logo of the new sports bar includes Thurman’s signature and the phrase “34 Rush” with a slightly pitched block font and the words sports bar underneath. Fans who wish to follow “34 Rush” may do so at facebook.com/34rush as well as twitter.com/34rush.

“We give thanks to the many fans that submitted names over the course of last week," said Ryan Hasenauer, director of Marketing for Batavia Downs Casino. “The name of the bar correlates to Mr. Thomas’ position and his number. The bar name is not one of a typical sports bar. It’s unique, just like Thurman.”

Batavia Downs Casino is in the process of reaching out to the Twitter commenters that helped contribute to the naming of the bar. Those persons will enjoy a dinner with Mr. Thomas as well as prizes from the casino.  The facility’s $28 million dollar expansion begins on Feb. 4 and will conclude some time in the fall.

Two people were injured Tuesday when their cars hit at the intersection of West Main Street and Lewiston Road, Batavia.

One driver said the light was red when he was attempting to make his left-hand turn,and the other driver said the light was yellow as he proceeded westbound on Route 5.

No citations were issued following the accident, which was reported at 7:40 p.m.

The driver of the first car is identified as David Pfenninger Jr., 34, of Bennett Road, Alexander.

The driver of the second vehicle is identified as Jacob Mark Finkney, 19, of Gabbey Road, Corfu.

Two passengers in Pfenninger's vehicle were injured. Jessica L. Miles, 31, and Jordana A. Miles, 14, were both transported to UMMC.

The accident was investigated by Deputy Tim Wescott.

(Initial Report)

Press release:

United Memorial Medical Center will restrict visitor entrance points to the facility during evenings and weekends in an effort to better manage hospital security.

Beginning Feb. 4, the main entrance to the hospital will close at 7 p.m. on weekdays and be closed on weekends. The Summit Street Entrance will close at 9 p.m. each day. Visitors to United Memorial after 7 p.m., Monday through Friday, should use the Summit Street Entrance until 9 p.m. or the Emergency Room Entrance. All visitors on Saturday or Sunday should use the Emergency Room Entrance.

United Memorial recently completed renovations to allow visitor access to the main hospital from the Emergency Department. Signs will be placed in the hallways to assist locating your destination.

“For security and general safety, it is important to monitor building activity,” said Daniel Ireland, COO of United Memorial. “We want to protect the well-being of our patients and understand the importance visitors have in the healing process. Reducing access points to the facility during non-peak hours of operation, allows us to have a manageable span of control and maintains visitor hours for our patients.”

Visiting hours at United Memorial are from 9 a.m. to 9 pm; with the exception of Maternity which is from 1 to 8:30 p.m.

Notre Dame capitalized on a 14-2 run at the end of the first quarter to pull away from Kendall and earn head coach Mike Rapone his 600th career victory, 87-49.

After Kendall’s Dan Kelly connected on a three-pointer to tie the game at seven with two minutes remaining in the opening frame, the Fighting Irish came alive, scoring eight straight.

Jared Thornton scored the first six on the run, which was capped by an emphatic right-handed dunk by Tim McCulley to end the quarter.

Notre Dame never looked back.

Rapone became only the ninth coach in New York State history to achieve 600 wins, making Notre Dame Section V’s all-time leader in wins during the open-tournament era.

“For me, it’s a culmination of working with a lot of great young players and a lot of longevity,” Rapone said. “I hope that I impacted their lives in a little way as they matured into young men.”

Since becoming the head coach in 1980, Rapone has won 29 Genesee Region League Championships, eight Section V titles, five Far West Regional Championships and two State Championships.

Rapone became the all-time leader in Section V history in 2008, passing longtime Bishop Kearney coach Ed Nietopski with his 546th win, ironically against Kendall.

Despite the numerous accolades and number of wins, Rapone finds that working with his players on a day-to-day basis is just as rewarding as winning games.

“Winning is fun and it certainly makes coaching a lot easier, but just being out here every day with the guys is a good time and we work at it,” Rapone said.

One player who has had a chance to experience several milestones in the coach’s career is senior guard Vin Misiti, who has been a member of the Notre Dame basketball program since fourth grade when he became a team manager before becoming a player.

“It’s special. I’ve been watching him coach and watching Notre Dame teams for as long as I can remember,” Misiti said. “It’s just special to be a member of one of the many milestones for the school.”

Tommy Prospero poured in a game-high 28 points while adding eight rebounds and four steals for Notre Dame (14-0). Thornton also had a strong outing with 21 points, four rebounds, four assists, three steals and three blocks while McCulley chipped in 19 points, 13 rebounds and three blocks.

“We continue to improve every week, which is what we want to do,” Rapone said. “Next week will tell a lot about us as we play Wheatland-Chili and University Prep to see if we are ready to take the next step.”

Kelly had a team-high 17 points for Kendall (7-6), as their five-game winning streak came to an end.

Photos by Howard Owens

To purchase prints of any of these photos or the ones in the slide show below, click here.

A motor-vehicle accident is reported at West Main Street and Lewiston Road. Town of Batavia Fire Department is called to respond along with Mercy medics.

UPDATE 7:45 p.m.: There was air bag deployment on one vehicle. Two injuries are reported -- one person with a head injury and another with lower leg pain.

UPDATE 8:02 p.m.: An adult female who suffered "a whack on the top of the head" has arrived at UMMC along with a 14-year-old who has knee pain. The accident was a "low speed" incident.

A committee that was asked by the city council to come up with a plan for improving the quality of life in Batavia delivered a report Monday night asking the city to commit to $50,000 annually to support the effort.

"Vibrant Batavia" is the product of a recommendation by consultants from czb, LLC, which initially recommended something similar, but at a higher cost and over a longer period of time.

The Vibrant Batavia Committee plan is a three-year effort culminating in Batavia's centennial celebration in 2015.

The $150,000 would be combined with $86,000 the group would raise -- with the money going primarily to a marketing campaign and hiring a part-time coordinator -- for the project.

"We really want to develop a powerful brand story for Batavia that will really foster pride in the community," said Marty McDonald, a committee member, who joined Brian Kemp for the presentation to the council.

Everything hinges on the build up to the centennial celebration, said Councilman Kris Doeringer, who also served on the committee.

The celebration will help attract sponsors to contribute to the $86,000 goal; it will bring out volunteers who will get involved in block clubs and other neighborhood efforts; it will help develop a marketing message for Batavia.

"All of those things will happen with the goal in mind of the centennial celebration," Doeringer said. "Remember, all of this hinges on coming together because we're shooting for that one goal."

Kemp said a marketing effort is needed for Batavia because there isn't one now, and such an effort would be aimed both at residents to help them better appreciate what we have, and at outsiders to help convince them to relocate here or bring businesses here.

McDonald said it's time to respond to all of the negative voices that try to bring Batavia down.

"I just get so tired sometimes of hearing the voices of the people who say all the negative things," McDonald said. "I want to get up on the biggest platform and say, 'Hey, we live in a great place.' "

Council President Tim Buckley praised the effort and said it is important enough to keep it going.

"Obviously, this is budget time and like anything else, it's a tough time, but I don't want to see Vibrant Batavia go away," Buckley said. "I don't want to lose this. I don't know where we're going to come up with $50,000 for three years, but we're going to try."

The Batavia Development Corp. helped create 12 new full-time jobs in Batavia in 2012, according to a report given to the city council by Economic Development Coordinator Julie Pacatte.

The BDC invested $146,555 in local businesses to leverage another $131,787 in private investment, for a total investment in business growth of $278,342.

The effort helped fill about 20,000 square feet of retail and office space downtown.

The agency also administered the city's building improvement program, based on a state grant.

The $460,000 grant program is being combined with a projected $1.4 million in investment by property owners. So far, four of six projects have been completed, including brick work on the Masonic Temple and a new facade on the PennySaver building at the corner of Liberty and East Main streets.

Among the priorities for the BDC in 2013:

• Carr's warehouse redevelopment
• Advance the Batavia Opportunity Area
• Co-host creative thinking and entreprenuerial workshops
• Recapitalize loan funds
• Help businesses navigate planning and zoning
• Advance the "Vibrant Batavia" efforts

Among the specific items discussed is an effort to use the Harvester Center to incubate food-processing businesses that might some day move up to the Genesee Valley Agri-Business Park or provide support for businesses in the park.

City Council President Tim Buckley doesn't think the city should levy fines against residents who don't remove snow from the sidewalks in front of their homes, and that's pretty much how the discussion ended Monday night.

"I don't want to be fingering residents for not shoveling sidewalks because we don't know what the situation is a lot of the time," Buckley said.

As council members discussed, the residents could be elderly, away on vacation or sick.

The discussion about snow removal was placed on the agenda because the issue had been raised at a prior council meeting and City Manager Jason Molino provided council members with a copy of the municipal code.

The code states that each resident is responsible for snow removal within a reasonable amount of time following a snowstorm. Failure to remove snow could result in a fine, under the language of the law.

The city has not typically enforced the law, Molino said, because it would need to be enforced uniformly and sometimes there are circumstances that prevent a resident from removing snow.

He said it's a "tricky" law to enforce.

Earlier in the meeting, during the trash discussion, Batavia resident Kyle Couchman mentioned a comment he said he'd read on The Batavian about a council member's response to someone who complained about a neighbor's plow driver piling snow on his sidewalk. The council member reportedly told the constituent to contact the neighbor.

Couchman said he found the suggestion arrogant. It should be up to the city to enforce its laws, Couchman said, not residents.

Kris Doeringer said that he figures he was the "arrogant" council member.

The point he said he was trying to make to the resident was to try contacting a neighbor first to resolve a conflict rather than getting the government involved.

"I would just like to see issues resolved in an amiable manner without the city involved and fining people," Doeringer said.

Only Councilwoman Rose Mary Christian came out strongly in favor of cracking down on people who don't shovel their walks.

"If people weren't so damn lazy and get off their seats and doing things like start shoveling snow, we might have a better community," Christian said.

An effort by Councilwoman Rose Mary Christian at Monday's city council meeting to garner support for an assault weapon's ban got a mixed response.

Christian, along with members Patti Pacino and Pierluigi Cipollone both questioned why anybody would need to own an "assault weapon," while all three said they support the Second Amendment.

Members Kathy Briggs, Brooks Hawley and Jim Russell all said supporting the Second Amendment meant not going after anybody's weapons.

Nobody questioned whether it was really the place for the Batavia City Council to take up the issue.

"Only police departments and the military should have assault weapons," Christian said.

She also said the council should encourage schools to install bulletproof glass in doors and windows.

Briggs followed Christian and said she completely disagreed with Christian on the issue.

An effort to ban one kind of gun opens to the door for other bans and undermines the Second Amendment, Briggs said.

For Russell, banning assault rifles is just a "Band-Aid" approach.

"I don't think the solution is to ban guns," Russell said. "It doesn't address the real issue."

Answering the suggestion that while hunters may not need "assault rifles," competitive shooters do, Cipollone said that even competitive shooters shouldn't own such guns. The venue that hosts the competition should own the guns and loan them to the competitors, he said, and collect guns at the end of the competition.

No vote was taken by the council on the issue.

James L. Little Jr., 41, formerly of Batavia, had three and-a-half more years added onto his 15-year prison term today after Judge Robert Noonan sentenced him in Genesee County Court.

Little entered a guilty plea to molesting a second child under the age of 11 in November. He will now serve 18 1/2 years in state prison.

Appearing with his attorney, William Harper, in Genesee County Court for sentencing this morning, Little told the court he was "sorry for the family."  

Little appeared unkept and had a scruffy beard. He was escorted by state correction officers.

Noonan told Little he needs to go away for a long time.

Little is currently serving a 15-year prison term for sexually abusing a toddler last March.

After he was sentenced on that charge, Batavia Police were made aware of a second sexual-abuse victim who is under the age of 11.

Just last week, a 56-year old Pembroke woman, Beverly Hensel was sentenced to 10 years probation and intermittent jail time for possession of sexual performance of a child. Hensel reportedly supplied Little with six DVD's full of child pornography.

Little and Hensel met in a Corfu bar in 2008.

District Attorney Larry Friedman said, "The main concern here is recidivism --  the concern that when he gets out other children will be at risk. That's why the judge felt the need to incarcerate as long as possible."

Tickets are now on sale for HomeCare & Hospice’s Second Annual Mardi Gras celebration Feb. 16 at Batavia Downs Clubhouse. Proceeds from the event will benefit the HomeCare & Hospice Foundation.

“Join us for the best night of the year," said Linda Cummings, development manager for HomeCare & Hospice. "You will be supporting one of our community’s most needed services. Hospice has touched the lives of so many in our community. Your support will help us to continue providing outstanding services."

Tickets are $35, which includes $15 in free casino play and a New Orleans-style sit-down dinner. Doors will open at 6 p.m. and dinner will be served at 6:30 p.m. A cash bar will be available all evening. The evening will also include live entertainment by M.A.C. and -1, as well as a Chinese auction.

To order tickets visit <http://www.homecare-hospice.org> or call Ms. Cummings at 1-877-277-2615.

HomeCare & Hospice, a nonprofit United Way agency, provides specialized medical care and social/emotional support for patients and families coping with life-limiting illness in Allegany, Cattaraugus, Genesee and Wyoming counties. This institution is an equal opportunity provider and employer.

Supporters of Genesee ARC packed city council chambers Monday night and encouraged the council to keep jobs local, support workers with disabilities and consider whether a proposed new garbage collection system would really save residents money.

Of the 16 people who spoke, all but about three of them encouraged the council to stick with ARC for garbage collection, whether under the tote system or not. Of the Genesee ARC supporters, about half of them opposed the totes for one reason or another.

"If a business expressed an interest to locate to this area and create 30 new jobs, most areas would offer some kind of incentive to promote them to come to this area and I would hope you would, too," Dave O'Geen said. "Well, we have the opportunity to keep a business with the 30 jobs that the trash and recycling center currently employs."

O'Geen, like every Genesee ARC supporter, received a big round of applause from most of those in attendance. Those who spoke in favor of going to the new system and awarding the bid to the lowest bidder were met with silence.

"Most people I know don’t care who gets the contract as long as it’s the best contract at the lowest price," John Roach said.

The council set a Feb. 11 date for a public hearing on proposed changes to city ordinances to make the new system possible.

Several speakers appealed to the council not to hire an out-of-state contractor.

"Let’s talk about the $450,000 in lost revenue from the people at ARC who will lose their jobs," Carol Grasso said. "Did you ever stop to think that their money is spent right here in our area? Yup, $450,000, I checked it out, that’s their paychecks. They spend it here in the city. It’s like having free trash pick up as far as I’m concerned.

"Some small cities need to stay small," Grasso added. "Let’s do what’s good for Batavia, not some other state."

Tom Houseknecht, a generous financial supporter of Genesee ARC, questioned the dollar-and-cents value of the proposed change in trash collection.

While Houseknecht, who owns commercial property in the city, welcomes a decrease in property tax, he considers the switch to a fee-based system for trash pick-up a "regressive" tax on the city's less well-to-do residents.

"The minimum size tote that will be issued by the city is currently projected to cost a resident $169," Houseknecht said. "With tax rates decreasing $1.56 per thousand, anyone with an assessed value of less than $108,000 will actually be paying more. ...

"If my conclusion is correct," Houseknecht added, "I would ask council to focus on the greater good for the majority of their constituents and not succumb to the lure of lower tax rates that result when refuse is removed from the operating budget."

Paula Fisher (top inset photo) thinks any decrease in the tax rate will be short-lived.

"The levy for trash pick-up in previous budgets was approximately 20 percent," Fisher said. "Our tax rate is going down 14 percent. This tells me our tax rate is going up six. In five years, our tax rate will be right back up there, ARC will be out of the trash business and the bids for trash collection, since they know we don’t have (a) preferred vendor available, will go up."

John Mortollaro said he doesn't really understand the financial implications.

"I still don’t understand how much we’re going to save and how much it’s going to cost," Mortollaro said. "I think this needs to be brought out and explained to the people so they can understand it better."

Kyle Couchman said he's dealt with the kind of proposed plastic totes before, and they don't hold up to Western New York's harsh winters.

Several speakers said older residents will struggle with the totes, Batavia's homes are really too close together to store the totes in a way that isn't unsightly, and that they will be difficult to put by the curb when snow is heavy.

Roach said he has friends and relatives in the garbage collection business in other cities and such concerns are overblown, he said.

"These totes last forever," Roach said. "As for parking and the driveway situation, it's much worse in Kenmore than in Batavia and they don't really have a problem getting them to the end of the driveway. I don’t have a garage and storing them in my backyard isn’t something I’m looking forward to, but it’s not going to be insurmountable either."

Ed DeJaneiro (top photo) said he likes the totes and thinks the new system will encourage recycling. He would just like to see ARC get the contract.

"ARC has always been there for us," DeJaneiro said. "They will continue to be there. I know it’s more money, as proposed, but we’re not sure how much recycling response we’re going to get."

Bottom inset photo: City Historian Larry Barnes listens to the discussion.

At the end of a more than three-hour council session, just as members were shuffling paper to prepare to leave, Council President Tim Buckley had a request for City Manager Jason Molino:

"We have a request," Buckley said. "Do you think you could find a way to reduce the budget by another 1 or 2 percent?"

Another council member said, "2 percent," followed by another council member who said, "3 percent."

Buckley said they didn't want to go over the budget line by line, but maybe Molino could squeeze out some more savings.

"If it's possible or doable, we would like to do it," Buckley said.

Molino said he would take a look at the budget, which already calls for a 14.5-percent reduction in property taxes if a plan is approved to move the city to a tote-based, "pay as you throw," trash collection system.

Earlier in the evening the council voted to set a public hearing on the budget for Feb. 11.

Tonight, the council covered several topics:

• More than a dozen people spoke out on the proposed changes to garbage collection in Batavia, mostly in support of Genesee ARC retaining the contract;
• Heard a presentation on progress in 2012 by the Batavia Development Corp. from Economic Development Coordinator Julie Pacatte;
• Heard a presentation from Brian Kemp and Marty McDonald on a proposal from Vibrant Batavia;
• Discussed Councilwoman Rose Mary Christian's request for council members to support an assault weapons ban;
• And discussed snow removal from residential sidewalks.

That will be a lot to write about in the morning, but I'll get to each story as soon as possible.

A motor-vehicle accident with injuries is reported on Stephen R. Hawley Drive. The location is midway between Bank Street Road and Batavia-Stafford Town Line Road. Mercy medics, Town of Batavia Fire Department and Sheriff's deputies are responding.

UPDATE 6:42 p.m. : A second ambulance is requested. There are three patients.

UPDATE 6:45 p.m.: Traffic flow will be handled alternately, with one direction at a time being allowed to proceed.

UPDATE 7:01 p.m.: An 18-year-old female is being transported to UMMC with complaints of neck pain.

UPDATE 7:05 p.m.: The two remaining patients just arrived at UMMC via Mercy BLS #2. The driver says they were involved "in a minor fender-bender." No other details provided.

UPDATE 7:11 p.m.: Town of Batavia fire is back in service.

Batavia Police responded to Washington Avenue and Summit Street about 3 p.m. this afternoon for a 7-year-old found wandering down Washington Avenue without shoes or a jacket.

A Batavia Police officer covered the child with his jacket and held the frightened boy before putting him in the police car to warm up.

The boy's young adult sister, who was watching the child, showed up on scene 15 minutes after police got there. She brought him a jacket and a pair of shoes.

The boy's sister told police their mother was not home, she was working. She says her little brother had just come home from school when he went missing. The young adult sister said she was responsible for the child.

The boy was found just down the street from his residence on Washington Avenue. He was only wearing a short-sleeve shirt and jeans, with no shoes, and walking down an icy, slush-covered sidewalk.

Batavia Police are investigating and charges may be filed.