news

Town of Batavia board members are moving toward a cable TV franchise renewal with Time Warner Cable Northeast LLC and at the same time are leaving the door open to doing business with another cable provider, Empire Access.

The board, at its meeting on Wednesday night, voted to schedule a public hearing on the Time Warner (also known as Charter or Spectrum) franchise agreement renewal for 7 p.m. Jan. 3 at Batavia Town Hall.

Terms of the 10-year agreement include the ongoing 5-percent franchise fee that goes to the Town for all cable-related services offered by the company, said Board Member Patti Michalak, who serves on the cable television committee.

“While our contract doesn’t expire until March 2018, we’re doing this now because all towns (in Genesee County) basically will have the same contract (heading into the new year),” Michalak said.

She said that Philip Fraga of the Cohen Law Group of Pittsburgh, Pa., has negotiated the franchise agreement on behalf of all county municipalities, and “the agreements are pretty much the same, except for a few tweaks here and there.”

As far as Empire Access is concerned, Michalak said representatives of that business “asked us to settle the Time Warner contract first before they talk to us.”

However, she said, the Town may not be able to deal with Empire Access “since they want so many customers per mile” and many people without cable services live in less-populated areas.

Michalak did say that the Town is willing to talk with Empire Access personnel, despite rumors to the contrary.

In other action, the board:

-- Appointed Kimberly McCullough as Batavia Town Planning Board secretary, effective Jan. 1, replacing Brittany Witkop, who resigned to pursue other opportunities. It is a part-time position.

McCullough, a legal document analyst for M&T Bank in Amherst, lives in East Pembroke. Her husband, Paul, is a member of the planning board.

-- Authorized the purchase of three parcels of land for right-of-way purposes to advance the Ellicott Trail Project.

The parcels were bought from the Elmwood Cemetery Association on Harvester Avenue for $25,600, Sikes Realty LLC on East Main Street for $2,200 and Jeffrey D. Freeman on East Main Street for $5,700.

The purchase prices were subject to appraisals by an independent appraisal firm.

-- Renewed shared services agreements with the state Department of Motor Vehicles (hearing room at the Town Hall), Town of Pavilion (code enforcement), Town of Stafford (financial clerk services), Town of Alexander (code enforcement), East Pembroke Fire Department and Fire District), and voted in favor of an agreement with the Town of Elba Water District No. 2 for operation and maintenance of water facilities.

-- Scheduled a rabies clinic coordinated by the Genesee County Health Department for 4-7 p.m. Feb. 8 at the Town Highway Facility on West Main Street Road.

-- Renewed the Town’s contract with the Town of Batavia Fire Department for fire protection under the same terms as the 2017 pact.

-- Scheduled a special Town Board meeting for 5:30 p.m. Dec. 28 to consider authorizing an amended water agreement with Genesee County.

Lamar I. "L-Boog" Randall, 32, of Walnut Place, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal sale of a controlled substance, 3rd.

Randall is accused of selling a quantity of crack cocaine to an agent of the Local Drug Task Force on two occasions within the past four months.

Task Force members located Randall walking on Washington Avenue, Batavia, and took him into custody.

His arrest is the result of an investigation into the sale, transportation, and possession of crack cocaine in and around the City of Batavia.

Randall was jailed without bail.

The District Attorney's Office assisted in the investigation.

Two-time Grammy Award winner Travis Tritt will be in Le Roy on Aug. 25 to play a concert at The Ridge (Frostridge Campground).

Tritt is the first headliner announced for the annual summer concert series, Jam at the Ridge, by owners David and Greg Luetticke-Archbell. The venue's owners are still working on booking more acts for the season.

David and Greg expect to announce a headliner for Aug. 24 soon to make for a weekend of great music.

Tickets and campground sites for the weekend will go on sale after the first of the year.

Today Batavia PD, the Sheriff's Office, and the STOP presented Batavia High School with two breathalyzers that school officials can use at school dances and similiar social functions to see if any students had a drink prior to arriving at the event.

Pictured are Matt Landers, STOP-DWI, Anita Strollo, a counselor career center coordinator at the school, Interim Principal Dennis Kenney, Chief Shawn Heubusch, and Sheriff William Sheron.

Kenney said the devices will be used to test every student entering such events, no exceptions, so everybody is treated equally. 

The first year that seniors at Batavia High School could paint personalized parking spaces was a big success, representatives of the Class of 2018 told school board members at Tuesday's meeting.

They recommended the board approve the same project for the class of 2019.

Not only were there no problems, the project raised $795 for the senior class.

“That’s probably one of the easiest fundraisers ever,” said Senior Mikey Lullo.

There were 35 spaces painted and 19 spots reserved by students.

Several faculty members wanted to get in on the act, offering as much as $200 to have their parking spaces painted by a student, but since that wasn't part of the agreement the senior class had with the board, the class declined to sell those services.

Mikey said that was one of several recommendations this year's class had for the Board of Education.

First, the biggest recommendation was that the Class of 2019 be allowed to move forward with the same program.

The students also recommended that seniors be given a whole week to get their spots painted. Two days isn't enough time when students have sports activities starting up that time of year, family vacations wrapping up, and jobs. Some students found it hard to fit in painting on just a Thursday and Friday. That meant some of them painted over the weekend, which technically was against the rules, but Lullo said the board should consider that there were no problems as a result and all of the students (many accompanied by parents) were respectful.

The few problems encountered by the students were minor, the students said. Lauren Leone said one time some garbage got left behind but other students took care of it right away. There was also an incident after the first snowfall where one student parked in another student's spot, but that was quickly resolved. Nobody purposefully caused a problem with another student over parking.

The project was also successful, Mickey said, because it helped raise senior class spirit.

"It was so great," she said. "Even though I didn’t paint a parking spot, I was just there helping other people, and it was so relaxing, just getting to paint and be with each other before senior year started."

Photo: Amand Patel, Lauren Leone, Mikey Lullo, and Kiara Cherry.

There will be a free, public Open Labyrinth Walk for Peace from 4 to 8 p.m. at the First Presbyterian Church in Batavia on Friday, Dec. 29.

A Community Group Compassion Meditation will take place at 7 p.m. at the church, located at 300 E. Main St.

(Inclement weather date for both events is 4 to 8 p.m. on Saturday, Dec. 30.)

Blue Pearl Yoga is sponsoring the walk and the meditation -- "mind-body practices."

Regarding the self-directed Labyrinth Walk, Blue Pearl says "moving meditations are a beautiful way to experience stillness while still in motion."

Donations welcome, which support the Labyrinth Project.

bp-yoga.com

bpyoga@gmail.com

813-8623

After more than a year of design and planning, construction on several capital improvement projects in the Batavia City School District is set to begin in less than a year.

Voters approved the $26.7 million improvements, which will be accomplished without a tax increase, last March.

Marco Marascio, a project manager with Campus Construction Management in Pittsford, and Tracy Conshiser-Uy, an architect with Wendel, in Buffalo, updated district trustees Tuesday night on the construction plans.

The biggest of the projects is the demolition and reconstruction of Van Detta Stadium.

Demolition will begin, Marascio said, in the fall of 2018. The area will be fenced off and also include storage of construction equipment. The new stadium will consist of pre-built grandstands and a press box and these will be wheeled in and assembled on site.

Construction will be completed by September 2019, Marascio said.

At the high school, restroom and auditorium renovations start in April 2019 during the spring break and work should be completed by August of that year. Roof work begins in June and will be finished by November.

At the middle school, auditorium renovations begin in October 2018 and will be finished by December. The fitness room is scheduled for February 2019 through April 2019. The music room in April 2019; the attendance office in June 2019; interior renovations from December 2018 through August 2019; exterior improvements begin in June 2019; asphalt shingle roof in May 2019; and HVAC modifications in May 2019, completed by August.

At Jackson School, flooring replacement, window replacement, boiler room work, and toilet room renovations in April 2019 and all completed by September 2019.

At John Kennedy School, classroom addition and toilet room renovations are from October 2018 through April 2019. Gymnasium improvements also begin in October 2018 but will take until November to complete. The auditorium demolition is in December 2018. Window replacements begin April 2019.

The work at Richmond Memorial Library includes restroom renovations, painting, floor replacement, reading room lighting, upgrade to the fire alarm system, and landscaping. All of that work is scheduled for December 2018 through May 2019.

Marascio said that where work is performed on campus during the school year, construction workers will either have a separate ingress and egress from the student entrance to the construction zone or they will be instructed to remain in the construction zone during any time students are out of classrooms.

This Christmas season, as in previous years, Paul and Bridget Ohlson and the rest of the folks with Care-A-Van ministeries are serving the elderly community in Batavia to help ensure they do not feel forgotten.

The ministries have prepared more than 400 gift bags and last night 74 of them were delivered to residents at Washington Towers, along with cookies and coffee and a short concert of Christmas carols. Care-A-Van will also visit 400 Towers and several local residents at their homes.

The Batavia City School District Board of Trustees handed out its monthly awards at the start of its meeting Tuesday night. 

Sarah Gahagan and Lindsey Leone – Outstanding Staff Award

I just wanted to pass along praise for Sarah Gahagan and Lindsey Leone for their hard work and dedication to making the B-Squad program a success. My son participated in the program and he learned so much from it. Sarah and Lindsey perfectly balanced physical fitness, community involvement, career development, and social responsibility with this program.

They kept the participants motivated and taught life lessons that would be hard to duplicate in a classroom setting. I imagine they spent a significant amount of their personal time on this program and wanted to recognize their efforts with the administration. Please know that they are assets to BCSD and the City of Batavia who have made a difference in the lives of these young men. -- Nominated by Jill Halpin, Parent

Shirley Boyd – Outstanding Staff Award

Shirley always goes above and beyond for all students; not just the ones she works directly with in the inclusive classroom. She is patient and very receptive to the students’ needs. She takes on additional responsibilities that are not required of her throughout the entire school. She is more than willing to assist the teachers she works with directly and those that she does not. Shirley takes time out of her personal schedule to build relationships with students that need it most. She is truly an amazing individual we are blessed to have her on board. --Nominated by Laura Kaczmarek & Cindy Morgan

The board also presented a proclamation to Caryn Wood for the Drama's Club's successful production of "Sally Cotter and the Censored Stone." The proclamation cited the cast and crew and said the show "exceeded all expectations of a high school drama performance, bringing laughter, jest, and extreme entertainment to the audience it gathered for this event."

Updated - Dec. 20 - 9 a.m.
From Tompkins County Legislature

Legislature Approves Appointment of Jason Molino as County Administrator

Molino confirmed the appointment as he returned from Ithaca with his family.

In a published report, Legislature Chair Mike Lane acknowledged Molino’s strong background in budgeting, labor relations, and management oversight, and was confident that county personnel "would work with him to keep them on a course for success."

Molino is expected to continue to serve as Batavia's manager until the end of January.

A unanimous vote by the Batavia Town Planning Board for a variance to subdivide 35 parcels at Oakwood Estates on East Main Street Road is sure to brighten the Christmas season for real estate developer Peter Zeliff (photo at right).

The board, at its meeting at Batavia Town Hall tonight, voted 5-0 (three members were absent) to split the two-family home lots into 70 parcels with variances, waivers and conditions reviewed as applied for by Zeliff.

This action opens the door for Zeliff to contract with Ryan Homes to build 70 single-family, two-story homes on the site, with the houses ranging in size from 1,500- to 2,500-square feet.

When asked if this lifts a weight off his shoulders, Zeliff replied, “Definitely,” adding that he has been sitting on a more than $5 million investment for about four years.

During that time, he has sold 12 lots and built homes on seven, but, as a result of the board’s vote, there are now a total of 128 lots on the development.

“Ryan Homes came to me and they feel they can fill a spot in the market that isn’t taken care of here (in Genesee County),” Zeliff said. “That’s the (homes that sell for) $175,000 to $250,000.”

Zeliff told the board that the majority of the subdivided lots are situated on the south and west side of the development, and will have a minimum of 60 feet of frontage.

“Duplexes haven’t gone over real big. People don’t want to buy half of a duplex. I thought it would go over well, but it hasn’t,” Zeliff said, adding that the subdivision will not increase the amount of traffic or the number of occupants.

Zeliff said his initial plan was to build the development in three phases, but he then changed his mind – building out the entire property.

He said all lots have city water and sewer, electric and cable; the selling price of the lots starts at $30,000.

In other action, the board approved an application by Ulrich Signs of Lockport to build a new sign for the Five Start Urgent Care project on Veterans Memorial Drive, a structure next to Home Depot that also will include QDOBA Mexican Eats restaurant.

The board proposed a joint meeting with Batavia Town Board and Batavia Town Zoning Board of Appeals and tentatively scheduled it for 6 p.m. Feb. 7 at the Town Hall.

Davon St. John is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that between Sept. 27 and 28, the defendant knowingly entered or remained unlawfully inside a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing $180 in U.S. currency and other items. In count three, St. John is again accused of second-degree burglary for allegedly unlawfully entering the same dwelling on Ellicott Avenue between Nov. 18 and 19 with intent to commit a crime. In count four, he is accused of petit larceny for allegedly stealing an HP laptop, book bag, calculator, butcher knife and Samsung Electonic Tablet in the second break-in. In count five, the defendant is accused of a third instance of second-degree burglary at the same address between Nov. 20 and 21. In count six, he is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing a 2004 Jeep valued at more than one hundred dollars. In count seven, St. John is accused of petit larceny for allegedly stealing a 40-inch Vizio television in the City of Batavia between Nov. 20 and 21. In counts eight and nine, he is indicted for second-degree burglary for allegedly unlawfully entering a dwelling on Montclair Avenue in the city on Nov. 21 with the intent to commit a crime. In count 10, he is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property on Nov. 21 in the city that had a value of more than $3,000 -- in this case a MAC Book Air, Harman Kardon Wireless speakers, MAC Magic mouse, Apple Series 2 watch, Alexa Echo Show, $400 in U.S. currency, silver coins, Halloween candy, four gold chains, a gold dome ring and four blank (bank) checks. In counts 11 and 12, St. John is accused of fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in counts 11 and 12 that he intentionally damaged the property of another person. In this case, a door and glasses, respectively. In count 13, he is accused of a sixth count of second-degree burglary for allegedly unlawfully breaking into a dwelling on Union Avenue with the intent to commit a crime. In counts 14 and 15, he is accused of criminal possession of a firearm, a Class E felony. In counts 14 and 15, it is alleged that on Nov. 21 in the City of Batavia that St. John illegally possessed, respectively, a .357-caliber Smith & Wesson revolver and a Glock firearm. In count 16, the defendant is accused of stealing property (unspecified) on Nov. 21 in the city and is therefore indicted on another count of petit larceny. In count 17, he is indicted on a third charge of fourth-degree criminal mischief for allegedly intentionally damaging another person's property (unspecified).

Jeremy L Siplin is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Nov. 17 in the Town of Batavia that Siplin stole property having a value in excess of $1,000 -- in this case, $2,292.84 worth of goods from Kohl's Department Store. In count two, he is accused of fifth-degree conspiracy, a Class A misdemeanor. It is alleged in count two that the defendant agreed with one or more persons to intentionally engage in, or cause the performance of, conduct that constituted a felony.

Joseph H. Merkley Sr. is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on July 3 in the Town of Le Roy that Merkley drove a 1996 Ford on Perry Road and/or Route 19 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing, or having reason to know, that at the time his dirver's licensed in New York was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count two that he was driving under the influence of alcohol or a drug at the time. Also, in Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI Per Se on June 18, 2014 in the Town of Murray in Orleans County. It is further alleged in the Special Information that Merkley knew that his driving privilege was revoked as a result and that revocation was still in effect when the crimes alleged in this indictment occurred.

Joshua M. Bradley is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 4 in the Town of Darien that Bradley drove a 2005 GMC on Colby Road and/or Route 20 while intoxicated. In count two, Bradley is accused of DWI, Per Se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more at the time. Also, in Special Information filed by the District Attorney, Bradley is accused of having been convicted by DWI as a misdemeanor on Jan. 15, 2015 in the Town of Clarence, Erie County, and that conviction was within 10 years of the crimes alleged in this indictment.

Before her deportation hearing this morning, immigrant-rights protestors rallied outside the Buffalo Federal Detention Facility in Batavia in support of Dolores Bustamante, a single mother who has been living and working in Wayne County.

Bustamante was taken into custody in 2014 when a trooper stopped her for a traffic infraction. Her attorney and supporters say the trooper violated State Police policy and constitutional protections by running an immigration status check on her. The trooper found she was in the country without proper documentation.

Her hearing was delayed until May this morning because the translator scheduled to handle the case couldn't speak clearly because of illness and no other translator was available.

Her attorney, Jose Perez, did make a motion to dismiss the case because Bustamante's rights had been violated by the trooper.

The judge refused to hear the motion because Bustamante's first attorney previously made factual admissions that Bustamante is from Mexico, was in the country without documentation, and admitted Bustamente was subject to possible removal.

That, Perez said, was a mistake by that attorney and could lead to a complaint to the New York State Bar for negligence and malpractice. 

The admissions potentially deny Bustamante the ability to challenge her arrest and deportation on constitutional grounds.

Once the complaint is filed with the Bar, the immigration judge can agree to hear and consider the motions.

Immigration-rights advocates in Central and Western New York are using Bustamante's case to highlight what they see as a disturbing trend under the Trump Administration to increase deportations, which are up 40 percent. 

Supporters say under the previous administration, Bustamante would not have as readily faced deportation because of her community ties, regular employment, and dependent children.

Perez said in May he will make the case that Bustamante would be granted asylum because she had been a victim of domestic violence in Mexico. Also, he noted, her son, who was not involved in gang activity in Mexico, was recently killed by gang members there, which could make it unsafe for Bustamante to return to Mexico.

NOTE: Information about proceedings in court this morning come entirely from the defense attorney in the case because of convoluted rules at the detention facility. For some reason, defendants are allowed only 10 friends and family guests in the courtroom, and for some inexplicable reason, journalists are included in that count. I agreed to leave so another family member could get into court, in part because of another inexplicable rule -- I couldn't have my mobile phone with me, even while attorneys were allowed their phones.  

Statement from Assemblyman Steve Hawley:

“This is a tremendous victory and crucial first step toward reforming our gaming laws for the tens of thousands of non-profits, fire departments, churches, Rotary and Kiwanis Clubs and charitable organizations throughout the state," Hawley said.

“After a long uphill climb, and with much help from my colleagues in the Assembly and Senate, we have made important changes to New York’s gaming laws that open the conversation and serve as a catapult to tackle more changes this year.

“I would like to personally thank Assemblyman Robin Schimminger (D-Buffalo) for carrying this bill in our house and Senators Patrick Gallivan (R-Elma), Michael Ranzenhofer (R-Amherst) and Rob Ortt (R-North Tonawanda) for championing this cause in the Senate. I would also like to thank all the constituents and local groups who contacted my office and the governor’s office expressing their support for this bill.

“The law will take effect in 180 days and the New York State Gaming Commission will make any necessary tweaks. I am so proud of the work we have done and I am hopeful that moving forward we continue to advocate for our charitable and nonprofit organizations and make more changes to the state’s gaming laws.”

Batavia's animal control officer has been dispatched to the East Main Street area to see if he can track down a black and tan dog, possibly a Rottweiler, that is running loose.

The dog is wearing a referee shirt.

Thirty-five years ago Peter Arras convinced his fellow Lions Club members in Batavia to start a Christmas basketball tournament and then he ran it for more than three decades. At the tournament's annual kick-off dinner last night, Arras was honored and the tournament was officially renamed The Peter Arras GCC Basketball Tournament.

The Arras family was on hand for the dinner, including his widow Nancy Arras, above, who received a memorial clock from the club, presented by Dave Van Scoy. Van Scoy is a former superintendent of Batavia City Schools and Pete Arras was principal at Jackson School until his retirement. Arras passed away in October at age 77.

Lions member Ross Fanara was friends with Arras since Fanara was 10 and Arras was 12. They met on a baseball field and Fanara quickly learned, seeing Arras long frame sling an overhead fastball his way, that young Peter was a natural and gifted athlete.

He loved all sports, Fanara said, and excelled not only at baseball and basketball but football, golf, bowling and racketball.

As an athlete and educator, he was dedicated to the youth of the community, Fanara said.

"Mentally, morally, spiritually and socially he was always a class act," Fanara said. "He was truly a role model to our youth and continued to be even after his retirement. It is only fitting and richly deserved that the Batavia Lions Club Christmas Basketball Tournament will now be known as The Batavia Lions Club Peter Arias Memorial Basketball Tournament."

Players from the four teams participating in the tournament this year -- Notre Dame, Batavia, Albion, and Elba -- attended last night's dinner. Pictured are Christian Cleveland, Notre Dame, Naz Pratt, Batavia, Demetrius Gardner, Albion, and Ben Pflaumer, Elba. Holding the trophy is Tony Scalia, the new tournament chairman.

The first game is at 7 p.m., Dec. 27 (a week from tomorrow night), with Notre Dame and Elba. Elba will look to avenge the team's only loss of the season, which came in overtime, on Notre Dame's home court 74-72. The nightcap opening night, at 8:30 p.m., is Batavia vs. Albion. Albion is a smaller school, but it will put a lot of big, experienced players on the court. It, too, should be a good game.

The finals are the following Friday, Dec. 29, with the consolation game at 7:30 p.m. and the championship at 8:30.

Scalia said the tournament format will change next year, going to eight teams in two brackets. The Class A and Class B schools will be in one bracket and the Class C and Class D schools will be in the other bracket. This should make the tournament more competitive, Scalia said. Batavia will be vying for the championship against schools closer to its own class.

During the dinner, Batavia Head Coach Buddy Brasky mentioned that Pete Arras gave Brasky his first teaching job in the City School District at Jackson School, which allowed Brasky to become Batavia High School basketball coach.

Members of the Genesee Amateur Hockey Beginners celebrated Christmas during practice at Falleti Ice Arena on Monday night with a visit from Santa Claus, who led the 3- to 9-year-old hockey players on a skate around the rink. There are 75 players participating this year.

A man involved in the theft of more than $3,000 in battery cables from 50 busses in Oakfield in 2014 was recently located in Arizona, returned to Genesee County, and today entered a guilty plea to third-degree grand larceny.

The arrest of Jordan Prentice on the charge was not previously reported so not a lot information is available on the case.

In a brief email exchange today, Chief Deputy Jerry Brewster said Prentice was an accomplice of Jeremy Dean Lyons, who was indicted in 2014 on a count of criminal possession of stolen property, 3rd.

Prentice, Brewster said, "took off on us."

According to Brewster, Prentice removed copper wires from busses at Lutz Sales, 2051 Judge Road, Oakfield, on Aug. 25, 2014.

"These were thick, heavy copper battery cables that ran the entire length of the bus," Brewster said. "As you probably recall, copper prices were through the roof at the time."

As part of the plea agreement, Prentice won't receive a sentence greater than "shock probation," which means a time in jail and probation.

Assistant District Attorney Shirley Gorman did not oppose Prentice, who was in custody at the time of his hearing this morning, being released under supervision of Genesee Justice. Prentice, she said, has been living in Arizona for two years, has married, become a father, and has held a steady job.

While awaiting sentencing next month, he cannot leave Genesee County, however. He will be living with his parents in Oakfield.

Even though one of his co-defendants has already entered a guilty plea to attempted assault in the first degree, Anthony Spencer has decided to let a jury decide his fate in a trial for his alleged participation in a group assault on a man on East Main Street in July.

The attack, which included a beating and a knifing, nearly cost the victim his life.

Spencer today turned down a plea offer that would have capped his prison term at 10 years.

He is charged with assault in the first degree and gang assault.

Only Spencer, 26, and JW Hardy, 30, were identified as suspects in the attack, though police believe there were others involved, hence the gang assault charge, which requires at least three participants. The charge does not require actual gang affiliation. Police have not said whether they believe Spencer and Hardy are affiliated with a known gang.

Hardy entered a guilty plea last week to first-degree attempted assault. Spencer passed up the chance to plead to the same Class C felony.

Hardy is scheduled for sentencing Feb. 14. Jury selection in Spencer's trial is slated to begin March 5. Fred Rarick has been appointed to represent Spencer.

Officer Arick Perkins is credited with saving the victim's life.

"I wish Jason the best, but we can't waste any time (in finding a replacement) with all the projects we have going on." -- Eugene Jankowski, City Council president.

"Tompkins County's gain is our loss." -- Adam Tabelski, City Council member.

"He's coming over to the dark side!" -- Jay Gsell, Genesee County manager.

Those were the initial reactions from City of Batavia and Genesee County leaders to the news that Jason Molino, Batavia City manager for the past 11 years, has resigned to accept the position of Administrator for Tompkins County. Reports indicate that Molino will serve in his current post until the end of January, when he and his family will move to the Ithaca area.

(See press release from Tompkins County below).

Jankowski said he wishes Molino well, but admitted that he is "jealous of Tompkins County -- they're getting a good county manager."

He and Tableski credited Molino for creating Batavia's solid financial picture and for spearheading the many projects that have infused the city with federal and state money (specifically the $10 million DRI award) in recent years.

"I'm sad to see Jason leave; Tompkins County's gain is our loss," Tabelski said. "Jason has provided realiable leadership and continuity for over a decade, and is largely responsible for turning the finances around. It is readily apparent that he is respected inside the walls of City Hall, as he has done a great job of setting goals for the city and working collaboratively."

Both Jankowski and Tabelski said they weren't surprised by Molino's desire to advance -- the Tompkins County job comes with a much larger budget and hundreds more employees -- but would not say that stalled contract negotiations were the reason for his departure.

"I can only go by what Jason told me and he said that the last couple years were some of the best he ever had," Jankowski offered. "He never said, 'It's the way you treated me and I'm out of here.' I just think it is time for him to expand his wings."

As reported in The Batavian, Molino's salary of $93,782 was not increased by Council last month, but the two parties had been talking about a long-term contract. According to a story in the Ithaca Journal, the annual salary commanded by Tompkins County Administrators for a 40-hour workweek is $117,000. There is reason to believe that Molino's starting salary will be more than that.

Jankowski said that Council may put the search for an assistant manager on hold, instead ramping up its efforts to replace Molino.

"Speaking for myself, I think it may be best to hire a manager first, then wait until the new manager picks his or her assistant," he said. "Until then, the department heads can handle their own jobs. I've been through this before as a city employee, so we should be OK."

Jankowski said he also is "looking to the public to weigh in -- to let us know what our direction should be."

While joking that Molino is "coming over to the dark side," Gsell was serious when he said that Molino will "absolutely" do a great job for Tompkins County.

"Jason has been in New York State for a long time and he has experience in county government as an intern in Schenectady County," Gsell said. "Plus things are in good shape there (in Tompkins County), not like they were here when Jason came in."

Gsell said the biggest differences from city management to county administration focus on the social and human services programs, as well as Job Development, Office for the Aging, and overseeing a jail.

"Tompkins County has done a lot with consolidation under Joe Mareane, who was there for nine years and was well-respected," Gsell said. "Jason also has been involved with shared services, and this will help him."

Per Tompkins County's press release, Tompkins County began a national search for a new County Administrator in July, after former administrator Mareane announced his intent to retire. A diverse search committee comprised of county legislators, department heads, labor representatives, and community members narrowed a field of more than 20 applicants and conducted interviews. Three were recommended to the full County Legislature and were interviewed by all 14 members; new Legislators-elect observed and asked questions.

Molino could not be reached for comment this afternoon.