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Officials in Corfu neglected to properly manage budgets and accounting for the village's sewer fund according to a recent office by the state's comptroller's office.

The three key findings of the audit:

• The board routinely adopted budgets that were not reasonably estimated, which resulted in operating deficits;
• The board did not develop and adopt multiyear capital and financial plans;
• The board did not annually audit financial records and therefore did not identify inaccuracies.

There is no accusation of malfeasance in the report.

The auditor found that the lack of realistic budgets led to a gap between actual revenues and expenditures. The board did not "adequately consider the effect that problematic cash flow issues and the formation of two new sewer districts would have on the annual budgets," according to the report.

The auditor said estimates were inadequate because the board anticipated the village would receive additional revenue from new sewer districts sooner and greater amounts than it actually did. The board also underestimated expenses.

The clerk-treasurer, according to the report, did not include a cash flow analysis in her reports to the board.

"In addition, the Clerk-Treasurer recorded that the sewer fund owed the general fund $61,0003 as of May 31, 2017, but she could not explain the purpose of these entries or provide evidence for their accuracy," the report reads. "As a result, we question the accuracy of her records."

These discrepancies would have been detected by the board with annual audits but board members told the auditors that the board did not hire a CPA annually for an audit as a cost-saving measure.

Annual audits are required by law.

The audit did find that sewer customers were billed properly and the proper amount of sewer rents were collected.

In a letter to the auditor from Mayor Joseph Johnson, the board said it would correct the discrepancies by adopting the auditor's recommendations, including drafting more realistic budgets, develop a multi-year financial plan, and hire a CPA to annually audit the district's financial records. 

There was robust private-sector job growth in Genesee County in October, according to recent statistics from the NYS Department of Labor, with 200 new jobs.

There are a reported 16,700 jobs in Genesee County compared to 16,500 a year ago.

The total number of jobs in the county, including government jobs, is 22,400, with the government sector losing 100 jobs year-over-year.

Average quarterly wages for all sectors increased from 2017 to 2018 in the second quarter from $9,921 to $10,107. Third quarter wage reports are not yet available.

The Genesee County unemployment rate is 3.3 percent for October 2018, matching the September unemployment rate but an improvement over the 4.5 percent rate of 2017.

Unemployment is a measurement of the number of county residents who are actively seeking employment divided by the total number of people considered part of the labor force (the employed and people seeking employment).

The county's labor force is 29,500, down from 30,400 the previous month but up from 29,100 the prior year.

The total number of employed Genesee County residents, working anywhere in the region, is 28,600, down from 29,400 a month ago but up from 27,700 the prior year.

One thousand people are listed as unemployed, unchanged from the prior month a 300 fewer than a year ago.

The unemployment rate for GLOW is 3.3 percent, down from 3.4 the previous month and 4.7 percent a year ago.

The state's unemployment rate dropped from 3.8 to 3.6 month-over-month and from 4.4 the prior month.

The nation's unemployment rate is 4 percent.

When you're a high school football player, it's something special to get to practice on Thanksgiving Day. It means only one thing. You're playing for a chance to win a state title.

The Batavia Blue Devils (12-0) held a walk-through practice this morning at the Batavia Middle School gym, rehearsing plays and defensive schemes in preparation for that championship match up with the Glens Falls Indians (10-2) at noon Saturday (Nov. 24) inside the Carrier Dome in Syracuse.

"It was a special thing to practice on Thanksgiving and my father and I always talked about it, saying, 'wow, you know, think about it, some high school teams are practicing today,' " said Head Coach Brennen Briggs, son of Section V Hall of Fame Coach Jim Briggs. "It's finally us, so you know the hard work has paid off with all these guys and we're excited to get out there on Saturday."

Batavia got to the state final by outscoring the #1 ranked Skaneateles Lakers 54-49.

That game was the first time all season the Blue Devils faced a standout, strong-armed, athletic quarterback, in Patrick Hackler. As they turn their attention to the Indians, they're again facing a top-ranked QB, Joseph Girard III, who has a 63-percent completion rate on the season.

Again, he's big and athletic (he's all-time leading scorer in Basketball for Glens Falls, with 3,306 career points, and just signed a basketball scholarship with Syracuse).

He's also not the only member of the Girard family on the team. He's one of six cousins from a family with 75 years of athletic history in Glens Falls.

Briggs said facing Hackler and Skaneateles definately helped his team be better prepared to defend against Girard and the Indians.

"Obviously it's a very good football team over there," Briggs said. "You know we're game-planning for their quarterback and their skill positions. It's going to be a tough test for us. I think we'll be up for the challenge and you know we're hoping to get another good day of work in tomorrow."

The game plan for Batavia will come as no surprise to Glens Falls Head Coach Matt Shell: Give the ball to Ray Leach and make the Indians stop him.

So far in the postseason, every other opponent of the Blue Devils has found that impossible.

Leach has 1,223 yards rushing and has scored 22 touchdowns over the past three games, including eight touchdown performances against both Cheektowaga and Skaneateles (state playoff records). He was handed the ball 50 times against the Lakers. He set a new state record (breaking his previous week's record) with 474 yards rushing. His 50 points scored is a playoff record for New York.

Leach also intercepted a Hackler pass on defense, with Andrew Francis snagging another key interception to open the third quarter and allow Batavia to extend its lead by two touchdowns for the first time in the game.

The interceptions, perhaps, made the biggest difference and highlight a weakness for high school teams that live by the pass. Even the best high school quarterbacks are more prone to turnovers than top running backs.

Batavia's big line will be ready to pressure Girard and with Leach, Francis, and Taiyo Iburi-Bethel in the defensive secondary, the Blue Devils have the tools to disrupt the passing game.

"If we do what we do by taking care of the football, as we've done, then it should be pretty good for us," Briggs said. "I think that we've got some guys out there that are hungry to get the football once it's in the air so hopefully we can put some pressure on him, contain him, and create some turnovers."

At the end of today's practice, Briggs and his coaches told their players -- enjoy Thanksgiving with their families, be thankful for what they've got, recognize the unique position they're in -- a chance to play for a state championship, take care of themselves and be ready to go on Saturday. 

If you're not attending the game, you can listen to the WBTA broadcast (UPDATE: WBTA will stream the came on WBTAi.com) or check The Batavian for updates.

 Constantine Murrell

Carjacking suspect Constantine Murrell, 35, a parolee from Rochester, entered a not-guilty plea at his arraignment today in Genesee County Court on counts of second-degree robbery and second-degree assault.

Murrell is accused of forcibly taking a car from a woman at the Kwik Fill, 99 Jackson St., Batavia, on Sept. 25.

He is also charged with reckless driving and unlawful fleeing a police officer.

After allegedly stealing the sedan, Murrell is accused leading police on a chase through city streets that reached 65 mph.

The chase came to an end when the stolen vehicle struck another car at Redfield Parkway and Richmond Avenue, which caused it to careen into a tree and the recently installed sign at the entrance of VA Medical Center.

The car then caught on fire.

The woman who had been driving the car was not physically injured.

Murrell was released from prison in April after serving an eight-year sentence for a 2010 kidnapping conviction in Rochester. He also has a previous drug conviction.

He reportedly told police after his arrest that he didn't know how he wound up in Batavia on Sept. 25. He said he had gotten into a truck with a man he didn't know in Rochester to do the drug K-2 and that the man left him in Batavia. He told police he panicked and just wanted to get back to Rochester.

“(I) couldn’t figure out how I would do it," Murrell is quoted in a court document as telling police. "I was at the gas station and saw an old lady in a white car at the gas pumps. I figured that it would be pretty easy to scare her and take her car.”

Judge Charles Zambito reaffirmed Murrell's bail status. He is being held without the possibility of bail. He will reappear in County Court on Jan. 23 for a hearing on pretrial motions.

There was no discussion of any potential plea offer.

The Batavian's news partner, 13WHAM contributed to this story.

Two weeks after election day, with most of the outstanding ballots in the NY-27 counted, challenger Nate McMurray has pulled within 1,384 votes of Rep. Chris Collins but it's unlikely there are enough ballots left to be counted for McMurray to overtake the Federally indicted congressman.

McMurray has not conceded the race, though Collins has declared victory.

In Genesee County, in the count of provisional, military, absentee and emergency ballots, McMurray gained 71 votes on Collins, making the split 11,471 for Collins to 8,705 for McMurray. Third-party candidate Larry Piegza finished with 627 votes.

According to the McMurray campaign, and multiple other news reports, McMurray gained votes in nearly every, if not every, county in the district since election day two weeks ago.

In a statement this afternoon, McMurray thanked his supporters and vowed to continue the fight, claiming potential irregularities. He said he and his attorneys are discussing the situation and will decide what to do after Thanksgiving.

In election law in other states, when the margin separating two candidates is less than 1 percent, an automatic recount is required or a candidate can request a recount. New York law provides no mechanism for requiring a recount.

"We have seen extensive irregularities in the voting process, especially pertaining to absentee ballots, and there are issues that need to be addressed, not only for this election but for all elections in the future to ensure voters are not disenfranchised and that every voice is heard," McMurray said.

The Collins campaign has not sent a statement about the outcome of the election to The Batavian.

In Genesee County, the recount is a bipartisan affair, overseen by Richard Siebert for the Republicans and Lorie Longhany for the Democrats, with observers from both parties watching the entire process, from ballots being opened to votes being tabulated.

In Erie County, which is where McMurray picked up most of his additional votes to close the gap, which was 2,241 votes districtwide when Erie County started its vote count yesterday morning, Republican Commissioner Ralph M. Mohr told the Buffalo News the process there is similar to the process locally.

From the Buffalo News:

The Tuesday process began around 10 a.m. in a stark room at the Board of Elections on West Eagle Street. Officials first ran through a scanner the emergency ballots that somehow were jammed or encountered other problems in the machines on Election Day.

Then Mohr explained the process by which a bipartisan team from the board would open the ballots and prepare them for machine scanning. Officials lined up approximately 16 workers at carefully staged positions on both sides of a long table, with Democrats observing Republicans and vice versa.

“We have here a bipartisan team,” Mohr explained to a crowd of campaign observers and reporters, asking Democrats and Republicans assigned to the counting table to raise their hands.

Erie County officials counted 5,588 absentee ballots, 1,454 affidavit ballots, and 433 emergency ballots, with McMurray picking up 3,279 votes and Collins 2,422.  There are more ballots to count but McMurray would need nearly all of the remaining his ballots to go his way in order to pull out a victory and that is statistically improbable.

Collins is expected to be sworn in for his fourth term in January even though he faces an ongoing investigation by the House Ethics Committee, will be in the minority party, serve on committees, and awaits a Federal trial on charges that he exchanged in securities fraud, wire fraud, and lied to the FBI about his role in an alleged scheme to illegally use corporate insider information to assist family and friends in dumping stock they owned in Innate Therapeutics. Collins served as a member of the board of directors of the Austrailian biotech company.

He was also once the company's second-largest shareholder but in a recent disclosure by the company, Collins isn't even listed among the top 20 shareholders.

At one time, Collins reportedly held 3.8 million shares of the company's stock.  

By law, members of Congress must disclose their stock trades within 30 days of the transaction.

On June 20, Collins sold between $15,000 and $50,000 shares of stock (as specific as he's required to be on the disclosure form).

On that date, Innate was trading at 28 cents a share.  If he sold $50,000 worth of shares, he sold less than 180,000 shares. It's unclear when and how he disposed of his other outstanding shares (which would have been enough to keep in the top 20 shareholders of Innate if he retained the shares).

In a news report about the stock disclosure, his campaign spokeswoman called these facts "fake news."

Collins is expected to go on trial for his insider trading charges in February 2020. He vows to beat the charges and continue to serve in Congress.

Jason Eric Jones, 44, of Tracy Avenue, Batavia, is charged with introducing dangerous contraband into prison in the first degree and criminal possession of a controlled substance. Following an investigation at the GC Jail. Jones was arrested on the charges. It is alleged that while being in custody at the jail that he smuggled drugs into the facility with the intent to use them while incarcerated. He was arraigned in City Court, put in jail, and is due back in court at a later date. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Matthew Burgett.

Anthony James Demmer, 23, of Towne Place, Alabama, is charged with: DWI; operating a motor vehicle with a BAC of .08 percent or more; unsafe backing; and unlawful possession of marijuana. On Nov. 16 at 6:53  p.m., deputies responded to the 7-Elevent Store in Oakfield for a two-car property damage accident. Following an investigation, Demmer was arrested. He was issued appearance tickets and is due in Oakfield Town Court on Dec. 17. The case was handled by Genesee County Sheriff's deputies Erik Andre and John Baiocco.

Nicholas J. Barr, 36 of Hilton, was arrested at 10:15 a.m. on Nov. 16 by troopers of out the State Police barracks in Batavia and charged with: unlawful possession of marijuana; criminal possession of a controlled substance, 7th; aggravated unlicensed operation, 2nd; along with other vehicle and traffic infractions. Troopers stopped Barr on East Main Road in the Town of Le Roy for having an uninspected motor vehicle. While interviewing Barr the odor of marijuana was allegedly present. Barr was allegedly found to be in possession of marijuana in addition to several canisters of THC oil. Further investigation also revealed Barr was operating with a suspended New York State driver's license. Barr was arrested and transported to SP Batavia for processing. He was arraigned at the Town of Le Roy Court and put in Genesee County Jail in lieu of $750 cash/$3,000 bond.

Cassandra Joy Barto, 22, of Dodgeson Road, Alexander, is charged with unlawful possession of marijuana and having an obstructed driver's view. On Nov. 18 at 11:40 a.m., deputies stopped Barto's vehicle on Veterans Memorial Drive for vehicle and traffic law violations. She was arrested and issued appearance tickets for Town of Batavia Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Local law enforcement is backing a new proposed county law to more tightly regulate pawnbrokers but the draft legislation may have a spill-over impact on other local businesses.

At least one county legislator, Andrew Young, is opposed to passing the new law.

A public hearing on the proposed law has been set for 5:30 p.m. on Dec. 12 in the Old County Courthouse. (Download PDF of proposed local law).

The purpose of the law is to help local law enforcement find stolen property, recover stolen property, and apprehend the criminals who pilfer other people's property. 

“Basically, our interest in doing this is an interest in not only being able to prosecute people who steal this property and take it to pawn shops to be sold, but also making it possible to make things right for victims of these burglaries," said District Attorney Lawrence Friedman, who drafted the proposed law at the request of Sheriff's Office.

Friedman, as well as Undersheriff Gregory Walker and Chief Deputy Jerome Brewster, were clear however, there's really only one business in Genesee County that is the target of the law and that is Pawn King, 4140 Veterans Memorial Drive.

"I worked with Jerry from the start five years ago," Friedman said. "The request came from local law enforcement because of a problem primarily with residential burglaries and that proceeds from these burglaries were primarily going to pawn shops and primarily one local pawn shop," Friedman told members of the Public Service Committee at a meeting Monday.

The Legislature considered a similar law five years ago but after opposition from scrap metal dealers at a public hearing, where they raised concerns about the logistical difficulty in tracking where scrap metal came from, the proposed law lost support among legislators.

County Attorney Kevin Earl has modified the bill to remove regulation of scrap metal dealers.

During his presentation in support of the proposed law, Friedman recalled two recent incidents he said illustrates the need for the law.

If you read the local news, Friedman told legislators, you know about a recent incident where a suspect pulled into the driveway of County Manager Jay Gsell and allegedly threw a stolen gun from the car. That case is linked, Friedman said, to a recent string of burglaries in the area and one of the suspects allegedly used a fake ID to pawn stolen items at Pawn King.

"That's a big problem," Friedman said. "That's one example of something that goes on here on a regular basis."

Friedman also said the assistant district attorney for the Town of Batavia Court recently took an affidavit from a witness who said he saw a person wheel an entire shopping cart full of merchandise from Walmart to Pawn King across the street and pawn all of the items.

"That's the kind of thing we're dealing with," Friedman said.

Brewster said the proposed law would make his job, and the job of all local criminal investigators, easier.

"It will make it harder to get away with illegal activity and make it easier to prosecute those who are breaking the law," Brewster said.

Friedman said when he wrote the law five years ago, he patterned it after a law already passed in Monroe County as well as ones in other jurisdictions.

There are similar other laws in other jurisdictions, including other states, and some of them have run into legal challenges over the implication in the laws of warrantless searches, which violate the Fourth Amendment.

Under the terms of these laws, including the law proposed in Genesee County, police officers can enter the place of business of a secondhand dealer without notice and inspect the property and demand to inspect the mandated records kept by the business.

In California, GameStop is suing over a pawn shop law.

In this law journal article, the author says that in New York, courts have found, specifically in People v. Keta, that the state has a greater interest in stopping chop shops from trafficking in stolen parts than chop shop owners have a right to privacy. The Supreme Court has ruled that records inspections of closely regulated businesses, which includes pawn shops, are permissible.

However, Onondaga County paid a $15,000 settlement in 2015 after a court ruled his business was the victim of a warrantless search under that county's pawn shop law. Also in New York, a New York City law that required law enforcement inspections of pawn shop records was struck down by a judge there.

Last night, The Batavian emailed Friedman and Earl and asked them how these New York cases, which are more relevant than cases in other states, differ from the proposed local law and we haven't received a response.

Young said Cattaraugus County passed a similar law and later repealed it. We couldn't find any news coverage of such a repeal, but we did find a story about the City of Salamanca deciding to repeal its pawn shop law after local antique dealers objected to the law.

While the proposed law does target pawn shops, the definition of secondhand dealers includes any business, with a couple of exceptions, that acquires previously used items for the purpose of resale to the public.

This would seem to include antique dealers, junk dealers, non-charitable thrift stores and secondhand shops, and used record stores.

Exceptions are written into the law for clothing and books but no other items.

Jewelry stores and coin dealers with sales of less than 15 percent of sales from used items are also exempt from the law. Also exempt, antique dealers who sell exclusively at trade shows and licensed auctioneers.

The law also covers the resale of gift cards. This seems to apply to the resale of gift cards from other businesses, which is common in local businesses, such as Tops Market, Walmart, and Target, as well as The Batavian.

Earl told legislators those type of gift cards, even though they are acquired from the issuer for resale to a third party, are not covered by the law.

He quoted from Section 2, paragraph F:

"Secondhand Article" means any article or object, with the exception of clothing and books, that has previously been bought or sold at retail and/or which has been previously used and/or is not in a new condition.  This shall include any “gift card” .... 

Earl argued that the law only covers gift cards that are considered "used" even though once a gift card is used, it loses its value.

The purpose of including gift cards is to deal with criminals who shoplift from stores such as Walmart and then return the items. Since they don't have a receipt, they are given a gift card. Brewster said, for example, they might get a $100 gift card and then walk over to Pawn King and sell it for $50.

When questioned after the meeting about clarity on the gift card provision, Friedman reiterated it was not the intention of the law to cover gift cards sold by The Batavian or retail outlets such as Tops. He said it would be up to the Legislature to refine the law if they thought such clarity was necessary.

"I guess what I'm going to say is we drafted it as we thought was appropriate," Freidman said. "This is not the end. You know there's going to be a public hearing and everyone is going to have an opportunity to be heard about that. And presumably, there could be further refinements made to it just like we did after the last public hearing."

The law as proposed requires secondhand dealers to acquire a license. There is a $150 annual fee for the license. Licenses could be denied to anybody with a criminal conviction and potentially to businesses with employees who have criminal convictions for property crimes.

Secondhand dealers would be required to keep written records of all transactions -- both buying and selling -- in their shops as well as enter data into LeadsOnline, a private business that law enforcement can contract with to track the acquisition of used merchandise by dealers. LeadsOnline is free to participating businesses.

Dealers would be required to obtain photo identification of every person, and make a photocopy of the ID, of every seller or buyer of merchandise.

Section 12, paragraph B:

Prior to acquiring or disposing of any secondhand article covered by this local law, every Secondhand Dealer shall request Identification from the seller or purchaser and shall verify the identity of such individual by comparing the individual to the photographic image contained on said Identification. The Secondhand Dealer shall record the individual’s name, date of birth and address (or current address if different than that listed on the Identification), and the Identification number (e.g., motorist ID number) listed on the Identification. The Secondhand Dealer shall make a photocopy of the front of the Identification.

Failure to comply with the law is a Class B misdemeanor.

The law also covered dealers who transact business online, such as eBay resellers, if they're based in Genesee County.

It's not clear how online retailers would comply with the requirement to obtain a physical ID of buyers and sellers.

License dealers must also allow local law enforcement and code enforcement to inspect their place of business prior to receiving a license and at any time upon request once the license is issued.

Young made the point that many Web-based businesses operate out of the owners' homes and he asked if such owners would be expected to make their homes subject to inspection by law enforcement.

None of the advocates for the law provided an answer to the question.

Young compared the law to code enforcement and health inspection laws, which usually involve an appointment with the inspector.

"Not only is an appointment made," Young said, "the consequences are you're not serving the lunch next day. In this case, you go to jail."

Earl said, as a Class B misdemeanor, there is no jail term. It's more like a traffic ticket.

The proposed law was first discussed in the Public Service Committee. Young is not a member of the Public Service Committee but he was given an opportunity to voice his concerns.

The Public Service Committee unanimously recommended approving a public hearing on the proposed law.

The Ways and Means Committee met immediately after the first meeting. Young does serve on that committee and Ways and Means was also asked to vote on approval of a public hearing.

Young again raised objections to the proposed law, which prompted another discussion.

There isn't a need for the law, Young suggested, because Pawn King is already entering its transactions in LeadsOnline. Young said he spoke with the manager of the local Pawn King.

"It’s not true," Walker said. "He may say that but he’s not doing it."

During Public Service, Friedman hinted but didn't outright say, that Pawn King conducts some transactions after regular business hours.

Young voted no to send the proposed law to a public hearing. He thinks the bill should go back to the lawyers to clarify key points.

"There are too many unanswered questions," he said.

Chairwoman Marianne Clattenburg suggested that the bill could go to public hearing and the Legislature could then better determine how to amend the law after hearing from the public.

Ways and Means approved sending the proposed law to a public hearing on a 4-1 vote.

Much of Young's objection to the proposed law is that it creates a new regulatory scheme for businesses, which he thinks runs counter to the county's effort to try and attract new business.

"This is an unprecedented law in this county," Young said. "In this county, we don't have too many local laws and they've usually been reserved for things that are really important. Monroe County has a different governing body and they think differently than ours, but we're taking one of their laws and making it even more restrictive."

Young argued that the problem in Genesee County doesn't rise to the level of passing new laws.

Friedman said there is a pressing need for the law.

“I have to disagree with the statement that there is no problem here," Friedman said. "There is absolutely a problem here.”

Photo: Public Service Committee meeting.

The Sheriff's Office may have found a young dog worthy of taking over K-9 patrol for "Destro," who died unexpectedly in early October.

A 2-year-old Belgian malinois from the nation of Holland is being evaluated by Deputy Chris Erion, the Sheriff's Office current K-9 handler, and if the dog proves suitable, the county will pay a $9,500 fee for purchase, shipment and paperwork on the dog.

That's about $1,000 more than anticipated but the cost is also amply covered by donations from members of the community to the Sheriff's K-9 program.

Erion said this morning that he has the dog -- who has a name but the name may change -- and is working with him to see if is temperament is suitable for police work. This morning, he's returning from the K-9 training facility in Canada where he was given a workout.

"We're putting him through his paces," Erion said.

The dog has only basic training at this point and will need to be fully trained in K-9 police work before being put into service. That training will start in March.

The fundraising following Destro's death has been so successful -- and there are more fundraising events planned -- that the Sheriff's Office will acquire a second K-9. Undersheriff Greg Walker said the new, second K-9 handler has already been selected from among current deputies but the Sheriff's Office is not ready yet to announce who the new handler will be.

Even though payment for the new dog is covered by community donations, the money still goes into the county's budget and the expenditure must be approved by the Legislature. The Public Service Committee voted to recommend approval of the $9,500 fee for the new dog from Holland.

At the Public Service meeting yesterday, a member of the Legislature asked why the K-9 money came from public donations rather than the county's general fund and Legislator Gary Maha, the former Sheriff, explained that when the Sheriff's Office first decided to acquire a K-9 the decision was made to ask the community to pay for it.

There have been four dogs purchased since then, each one paid for through donations and that just seems to be the way it's done now. There was nothing preventing the Sheriff's Office from including a new K-9 in its operations budget.

In this case, as soon as the news came out of Destro's death, who succumbed to complications from cancer surgery, community members set up fundraisers and donations started pouring in.

Legislator John Hilchey suggested he and his fellow legislators wouldn't have a problem funding the K-9 program, but "the community didn’t really give us a chance to ask on it."

 

PHOTOS: from Jim Burns.

In big games, big-time players come up big and Ray Leach, for the second time in the postseason, scored eight touchdowns to, quite literally, carry his team, the Batavia Blue Devils, to a 54-49 win over defending state champion Skaneateles to propel Batavia to a state title shot Saturday at the Carrier Dome.

In three games, the Section V championship, the Far West Regional championship, and today's state finals playoff game, Leach has run for 1,223 yards and scored 22 touchdowns. 

"I'm speechless, really," said Head Coach Brennan Briggs after the game. "What he does every single week is impressive. You know, when he really turns it on, I don't know that anybody is stopping him in New York State. So hopefully you know we can put together a great week and hopefully, he can have a great game for us next week along with our offensive line."

Credit to the offensive line for opening holes but Leach was also impressive in his ability to step through small gaps, side-step diving linemen, create space on sweeps, break tackles, and if all else failed, drag one or two Skaneateles players along for a few extra yards.

For the second game in a row, Leach set a state record for rushing yards in a playoff game, hitting 472 tonight (on 52 carries), breaking last week's record of 427 yards.  His eight touchdowns tied last week's record eight touchdowns.

Josh Barber, who was once again a defense stalwart, said Leach helps lift the team's confidence.

"Ray Leach has played great since his freshman year," Barber said. "I knew he could get it done."

As is his habit in post-game interviews, Leach gave credit to his offensive line but he also acknowledged that Briggs expects him to be the man on the field and get the job done.

"I definitely got to come out hear him perform how I'm supposed to, and I just follow my line and things work out," Leach said.

Skaneateles came into the game 11-0, ranked #1, and behind quarterback Patrick Hackler one of the most potent offensives in the state. Hackler is a big kid and impressive when he heaves long passes downfield. With Nick Wamp as a frequent target and Areh Boni in the backfield, the Lakers kept the pressure on Batavia's defense all night.

Hackler was 17-30 passing for 260 yards and three TDs. He also ran for 149 yards on 17 carries and two touchdowns. Wamp caught seven passes for 145 yards and two TDs. Boni ran for 64 yards and a TD.

Both teams came into the game with an unblemished streak of never trailing at any point in any game during the season. Batavia ruined the Laker's out-front run on its first drive, with Leach carrying the ball on all six plays, including the final 15-yard run to score.

Skaneateles would tie the game three times but with Batavia up 28-21 to start the second half, Andrew Francis intercepted Hackler on the first play from scrimmage setting up a Blue Devils drive that extended the lead but was only possible because Ethan Biscaro was able to scramble on a busted pass play, making his way to the far sideline, where he dodged Lakers down the line for a more than 20-yard gain, giving Batavia a first down on what had been a third-and-long play.

"Ethan's a fantastic athlete," Briggs said. He's got a great sense for the game. He knew exactly what he needed to do when he extended the play. He's a great football player."

From the Lakers' 47, Leach sprinted to the five-yard line and then scored on the next play.

Leach also led the team with 9 tackles and he had a key interception near the end of the third quarter.

Skaneateles still had a chance in the fourth quarter, scoring three touchdowns, including one on a 54-second drive that pulled them within five points, but Batavia was, as Briggs preaches, relentless, and answer the Lakers score for score.

"You know he (Leach) is an unbelievable player but up front, they got a job and they got the job done all night defensively," Briggs said. "Obviously there were some holes in there but that's a very good football team. Our kids banded together. They bend but they don't break."

For more game pictures click HERE

Malik Ayala TeeSean Ayala

A pair of brothers from Batavia are suspects in a string of burglaries in Batavia and Stafford, including one who was stopped Thursday night on Washington Avenue and allegedly found in possession of a stolen handgun. 

The handgun was allegedly taken in one of the burglaries and after the burglary, the serial number had been partially removed.

TeeSean T. Ayala, 19, of Walnut Street, Batavia, was reportedly driving the car stopped by Investigator Chris Parker on Thursday night on Washington Avenue. Parker recognized the vehicle as possibly linked to the string of burglaries.

The driver of the vehicle pulled into the driveway of a residence on Washington Avenue -- by coincidence, the home of County Manager Jay Gsell -- and somebody in the vehicle threw the handgun out the window.

The appearance of a gun prompted a multi-patrol response from local law enforcement.

Ayala, a former standout basketball player at Batavia High School, is charged with criminal possession of a weapon, 2nd, criminal possession a weapon, 3rd, unlawful possession of marijuana, and plate obstructed.

His brother, Malik Isiah Ayala, 27, of Walnut Street, Batavia, is charged with criminal possession of stolen property.

Malik Ayala is accused of being in possession of stolen property at Pawn King on Oct. 24 valued in excess of $3,000.

Chief Deputy Jerome Brewster said both arrests are the result of an investigation into burglaries that occurred in the City of Batavia, Town of Batavia, and Stafford. 

In all, at least five burglaries are believed to be connected to the same suspects, Brewster said.

TeeSean Ayala was ordered held on $15,000 bail. Malik Ayala's bail was set at $20,000 cash or $40,000 bond.

Brewster said the investigation is ongoing and additional charges are possible.

Constantine D. Murrell is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Sept. 25 at the Kwik-Fill gas station/convenience store at the intersection of Ellicott and Jackson streets in the City of Batavia that Murrell forcibly stole a 2008 automobile. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged in count two that during the commission or attempted commission of the aforementioned felony that he cause physical injury to a person. in count three, he is accused of reckless driving, a misdemeanor, for driving the 2008 vehicle in a manner that interfered with the free and proper use of the roadways and/or unreasonably endangered users of those roadways. In count four, Murrell is accused of unlawful lfeeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count four that he attempted to flee an officer, knowing that he had been directed to stop, and that his speeds equaled or exceeded 25 miles per hour above the speed limit or he engaged in reckless driving.

Dylan J. Perry is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that between Dec. 1 and Dec. 2 he knowingly entered and remained unlawfully in a building located on Broadway Road in the Town of Darien with intent to commit a crime. In count two, Perry is accused of petit larceny, a Class A misdemeanor. It is alleged in count two that Perry stole $300 in U.S. currency and a pair of work boots while inside the property on Broadway Road.

Antonio J. Goodson is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Aug. 22 in the City of Batavia that he violated a duly served order of protection by being in the presence of the protected party. In Special Information filed by the District Attorney, Goodson is accused of having been convicted of criminal contempt in the second degree, a Class A misdemeanor, on Jan. 19 in City of Rochester Court. That conviction was for a violation of a stay away family offense order of protection and was within five years of the crime alleged in the current indictment.

Thomas J. Claffey is indicted for the crime of driving while ability impaired by drugs, as a Class E felony. It is alleged that on June 18 in the Town of Stafford that he drove a 2016 Chevrolet on Route 33 while his ability to do so was impaired by use of a drug. In Special Information filed by the District Attorney's Office, Claffey is accused of having been convicted for DWI, as a misdemeanor, on July 28, 2008, in Town of Irondequoit, and that conviction was within 10 years of the crime alleged in the current indictment.

Multiple city police units are on scene and officers have guns drawn after a gun was thrown out of a car at 317 Washington Ave. No further information.

More T/K.

UPDATE 5:24 p.m.: According to Sheriff's Office Sgt. Andrew Hale, a suspect vehicle in a string of recent burglaries "all over" was spotted by a marked Sheriff's patrol car traveling on Washington Avenue with two occupants. Sheriff's Investigator Christopher Parker, working patrol, turned around and followed the vehicle, which turned into a driveway randomly in an attempt to elude the Sheriff's unit. (By coincidence, it happens to be the residence of County Manager Jay Gsell.) One of the occupants threw out a 22-caliber semi-automatic pistol in an attempt to ditch the weapon. It was never pointed at anyone and no threat was made. The occupants did not attempt to flee. Two brothers, one age 19 and the other age 14, were transported to the Sheriff's Office for questioning. If charges are brought, more information will be released by law enforcement, Hale said.

A 24-year-old Oakfield resident involved in a serious injury accident in Corfu in April is facing up to six years in prison after pleading guilty this afternoon in County Court to aggravated vehicular assault.

Jacob J. Szumigala also agreed to plead guilty to DWI as a misdemeanor and aggravated unlicensed operation.

As part of the plea deal, Szumigala must also plead guilty in Town of Oakfield on a pending DWI case.

Szumigala is out of jail pending sentencing at 1:30 p.m. Jan. 15 and must abide by court instructions and the agreement or statutory enhancements could be added to his guilty plea, which would mandate a five- to 15-year prison term.

There is no minimum prison term and Szumigala could receive a probationary sentence if he abides by the terms of the plea agreement.

On April 18, Szumigala was driving a 2008 Hyundai Sonata with North Carolina plates on West Main Street Road through Corfu when his car rear-ended a Honda driven by James M. Hoskins, of Corfu. Hoskins' car then struck a westbound pickup truck. Hoskins was seriously injured in the accident.

In court today, Szumigala admitted that his BAC exceeded .18 percent at the time of the accident and that he was driving recklessly.

A month earlier, Szumigala was arrested by State Police for allegedly driving drunk on Lockport Road, Alabama. That case is still pending in the Town of Oakfield Court.

Photo: File photo of April 18 accident.

Heidi L. Harder, 43, of Montclair Avenue, Batavia, is charged with criminal use of drug paraphernalia in the second degree and endangering the welfare of a child less than 17. Harder was arrested following an investigation into the report of drug activity being conducted in the presence of a child and forcing that child to smoke marijuana. The incident allegedly occurred at 6 p.m. on Sept. 9 on Montclair Avenue. Harder was arraigned in Batavia City Court on Nov. 13. The case was investigated by Batavia Police Officer Jason Ivison.

Robin L. Williams, 33, of Jackson Street, Batavia, and Michael L. Jackson Jr., 37, of Maple Street, Batavia, are both charged with endangering the welfare of a child. They allegedly allowed and encouraged their respective juvenile daughters to engage in a physical altercation. The incident allegedly occurred at noon on July 3 on Thorpe Street in Batavia. The adult defendants were issued appearance tickets and were due in Batavia City Court on Nov. 13. The cases were handled by Batavia Police Officer Matthew Wojtaszczyk.

Chiyannon J. Bundy, 31, of 98 Lake St., Le Roy, was arrested Nov. 11 following a reported disturbance call in the Village of Le Roy. Bundy was charged with one count each of burglary in the second degree, a Class C felony, and criminal mischief in the fourth degree, a Class A misdemeanor. It is alleged that during the disturbance, Bundy knowingly and unlawfully entered a residence with the intent of damaging property and damaged the property of another. Bundy was arraigned and released under the supervision of the Genesee Justice Program.

James E. Soggs III, 24, of North Spruce Street, Batavia, is charged with two counts of endangering the welfare of a child and criminal mischief. He was arrested at 10:15 a.m. on Nov. 11 on Thomas Avenue in Batavia after a domestic altercation at his girlfriend's residence. He was arraigned and jail on $2,500 cash or bond and was due in Batavia City Court on Nov. 12. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Arick Perkins.

Christopher A. Ridgeway Jr., 26, of Bridgewood Road, Midlothian, Va., is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; unlicensed operation; and operation without headlights. He was arrested at 1:17 a.m. on Nov. 7 on West Main Street in Batavia following a traffic stop for driving without headlights. He posted bail and was issued an appearance ticket along with several traffic tickets. He was due in Batavia City Court on Nov. 14. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Nicole McGinnis.

Andrew D. Vicary, 27, of East Main Road, Stafford, is charged with DWI, unsafe backing and following to closely. Vicary was arrested at 4:04 p.m. on Nov. 1 on East Main Street in Batavia following an investigation into a three-car accident at the intersection of East Main Street and Swan Street. He was arraigned in Batavia City Court and released on his own recognizance. He was due back in city court on Nov. 2. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Cynthia May Mack, 51, of South Swan Street, Batavia, is charged with second-degree criminal contempt. She was arrested at 10:24 a.m. Nov. 14 on South Swan Street in Batavia following a probation house check. She was allegedly found to have a house guest whom she was restricted from having any contact with due to a complete stay away order of protection. She was jailed on $2,500 cash or bond. The case was handled by Batavia Police Officer Jason Ivison.

Jessica L. Holtz, 35, of Williams Street, Batavia, is charged with petit larceny. It is alleged that she stole $3.48 worth of merchandise from Save-A-Lot. She was arrested at 7:30 p.m. on Oct. 31 and processed at Genesee County Jail. She was issued an appearance ticket and is due in Batavia City Court on Nov. 20. The case was handled by Batavia Police Officer Kevin DeFelice.

(Officials from the State DOT at the Alabama Firemen’s Recreation Hall Wednesday night. From left are Jillian Button, real estate specialist with Region 4 Office of Right of Way; Paul Spitzer, regional traffic engineer; Frank Billittier, regional design engineer; Jordan Guerrein, public information officer with the DOT; and Wesley Alden, assistant regional design engineer.)

ALABAMA – The State Department of Transportation held a public information meeting Wednesday night at Alabama Firemen’s Recreation Hall to address residents’ concerns about plans to build a roundabout at the intersection of Route 77 and Ledge Road.

It was clear that 100 percent of those who spoke at the meeting are strongly opposed to the project, for a variety of reasons.

The DOT’s public information officer Jordan Guerrein said Alabama Town Supervisor Janet Sage requested the meeting to inform the public where the project stands and to take comments from local residents.

The project was initiated to address a high rate of severe accidents at the site, Guerrein said.

Between April 1, 2013 and May 31, 2018, there were 56 crashes in the area, 31 of them at the intersection. One involved a fatality. Another fatality occurred prior to 2013.

The DOT said they have considered alternative solutions and have implemented minor safety enhancements, such as upgraded signs and modified striping, but propose a modern roundabout as the best solution to the problem.

Residents were all vocal about their opposition to installing a roundabout in a 55-mile per hour speed zone at the bottom of a curve and hill. Instead there were suggestions of speed bumps on Ledge Road, a four-way stop, better lighting at the intersection, cameras, increased traffic enforcement and a signal light.

Several residents with homes at the intersection were very concerned about how close the roundabout would bring traffic to their house (one within 30 feet), the increased noise and exhaust fumes from vehicles having to slow for an extended distance and trucks accelerating to make it up the hill. 

Richard Rudolph, of Akron, who was a former Pembroke highway superintendent, said he plowed that stretch of road for more than 20 years.

“When it was snowy and slippery, trucks had a hard time getting up the hill,” Rudolph said. “Now you’re going to put an obstruction in the road and expect an 80,000 pound truck to stop on ice.”

Several voiced objections to the $1.6 million price tag to taxpayers.

“Putting in a traffic light would be a whole lot cheaper and quicker,” one resident commented. 

There were several suggestions from the crowd to reduce speed limits from Indian Falls to Alabama.

Paul Spitzer, regional traffic engineer, replied that setting lower speed limits typically results in more accidents.

“Reducing speed limits does not reduce accidents,” he said. “Reducing speeds lowers accidents, and roundabouts lower speed.”

He said the maximum speed in the roundabout would be 20 miles per hour. 

(The State DOT shared this aerial photo at left of the intersection of Route 77 and Ledge Road in the Town of Alabama during Wednesday's public information meeting. It  shows the close proximity of homes on three of the corners. At right, this design drawing shows the proposed roundabout and where a temporary road would be built to reroute traffic west on Ledge Road during construction.)

The engineers explained the roundabout would be elliptical in shape. They would meet with each of the four affected homeowners, whose properties will be appraised. They will be paid the highest market value for the portions of their land that would needed to construct the roundabout. No structures would be razed. The roundabout would come closest to the home on the southeast corner -- within 30 feet of it.

Construction of the roundabout would close the intersection for four to six weeks, engineers said. Closure will be planned to minimize impact to the school districts and local farming community.

Traffic would be detoured down routes 5 and 63 and a temporary roadway at the intersection will be used to maintain access for businesses, residents and emergency services. 

Several asked if the project was a done deal or if there was still an opportunity to stop it. Annette Johnson, who lives in the Town of Alabama, is circulating petitions opposing the roundabout.

Each person who attended Wednesday’s hearing received a comment form which they can fill out and send to the DOT in Rochester.

Guerrein said the DOT will carefully read all the comments before moving forward. The next planned step would then be an environmental hearing in early 2019 to accept any further comments. The design phase would be completed in the summer of 2019, with construction scheduled to begin in the spring of 2020.  

Roundabouts are proven to substantially reduce the severity of accidents, Alden said. Typically, they provide an 80-percent reduction in serious accidents, he said.

The final decision on building the roundabout will be made by the chief engineer of the State DOT in Albany, said Frank Billittier, regional design engineer.

(Photo below: Wesley Alden, assistant regional design engineer with the State DOT, takes comments from residents opposed to the construction of a roundabout at Route 77 and Ledge Road in the Town of Alabama during a public information hearing Wednesday night.)

Angela Marie Torcello, 35, of West Main Street Road, Batavia, is charged with: falsifying business records in the first degree; grand larceny, 4th -- using a credit card; and petit larceny. Following an investigation of an incident that occurred on May 8, Torcello was arrested on these charges. It is alleged that she used a credit card that she stole to purchase products from a traveling vendor. She was issued an appearance ticket and is due in Town of Batavia Court on Nov. 26. The case was investigated by Genesee County Sheriff's Deputy Jeremy McClellan.

Rick Austin Drury, 21, of Judge Road, Alabama, is charged with DWI, DWI with a BAC of .08 percent or higher, and moving from lane unsafely. He was arrested following the investigation of a vehicle off the roadway on Ford Road in Elba at 3:55 a.m. on Nov. 10. He was issued an appearance ticket and is due in Elba Town Court on Dec. 19. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Mullen.

Craig Hobart Sleeman, 38, of Victor, is charged with: DWI; aggravated DWI with a BAC of .18 percent or more and no priors; unsafe turn/failure to signal; failure to keep right; and moving from lane unsafely. He was arrested at 1:48 a.m. on Nov. 11 following a traffic stop on Main Street Road in Batavia. He is due in Town of Batavia Court on Jan. 28. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Susan Michelle Rea, 45, of Sheridan Road, Bergen, is charged with DWI, refusal to take a breath test, and stopping/parking on a highway. Rea was arrested at 3:52 p.m. on Nov. 10 on Wortendyke Road near Route 33 in Batavia after she was allegedly found asleep behind the steering wheel of her vehicle. She was arraigned in Town of Batavia Court and released on her own recognizance. She is due in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Downtown Batavia's future is not the mall; it's the open areas south of Main Street, suggests Tim Tielman, a preservationist and urban planner with a track record of success in Buffalo.

Jackson Street, Jackson Square, the south side of Main Street, are where we can find what's left of Batavia's vitality, Tielman said, in a recent interview with The Batavian. The mall, he said, is the last place Batavia should invest tax dollars.

"It's a continuing drag on Batavians, their creativity, their dynamism, their energy," Tielman said. "It's this energy sucking death star in the middle of the city, and you shouldn't spend any money making it a better death star."

We interviewed Tielman in advance of his talk this Wednesday night at 7 o'clock at GO ART! for The Landmark Society of Genesee County's annual meeting.

The topic: How Batavia gets its mojo back. 

Tielman's basic thesis is that Batavia was at its apex just after the end of the 19th century when the village, soon to become a city, had a robust, densely populated urban center with hundreds of businesses.

If that downtown, which was destroyed by urban renewal, still existed Tielman said, people from Rochester and Buffalo as well as the rest of the GLOW region would flock to Batavia every week for the small city experience.

Niagara on the Lake still has it. Batavia lost it. But, with effort, Batavia can get it back, but it will literally be a ground-up process, not a top-down, consultant-driven, developer-driven effort. Batavians have to do it for themselves. But Batavians are already pointing the way if city leaders will listen.

"There's obviously an innate human need for want of a better term, congenial spaces, in towns, cities, and villages, and even in times where they've been destroyed in war or urban renewal, people find them or build them," Tielman said. "What we see in Batavia is people have happened upon Jackson Square because it's a leftover thing that no one thought about and wasn't destroyed.

"The qualities of the thing as a physical space make it a very interesting case. You enter through a narrow passageway, and suddenly, totally unexpectedly, you come to a larger space, and even though it obviously wasn't designed with gathering in mind it has everything people want as a place to gather."

Jackson Square, Jackson Street, combined with the local businesses that still populate the business district on the south side of Main Street are strengths to build on, Tielman said. Batavia can leverage the density already found there and add to it.

But Tielman isn't an advocate of trying to lure developers with tax dollars to build big projects. He believes, primarily, in a more grassroots approach. 

The "death star," he said, and continuing efforts to deal with it, are part of the "urban renewal industrial complex," as he put it, and that failed approach should be avoided.

"The solutions (of urban renewal) are all the same," Tielman said. "It's like, 'let's put out an RFP, let's get some state money instead of saying', 'well, what do the Batavians need? What are they thirsty for? What are they dying for?' What you'll find is that Batavians are like every other group of homo sapiens on the face of the Earth. If they had their druthers, they'd want something within walking distance.

"They'd want to meet friends. They'd want to do stuff close at hand and in a way that they're not killed by vehicles careening down streets at 30 or 40 miles an hour. They want their kids to be safe. They don't want to worry about them being struck by a tractor-trailer when they're riding their bikes to the candy store."

That means, of course, narrowing Ellicott Street through Downtown, perhaps adding diagonal parking to Main Street, moving auto parking from out of the center of the city, particularly in the triangle between Jackson, Main and Ellicott, which Tielman sees as the most promising area of downtown to increase density first.

Batavians will need to decide for themselves what to do, but what he suggests is that the city makes it possible for the parking lot between Jackson and Court become one big mini-city, filled with tents and temporary structures and no parking.

"The rents for a temporary store or a tent or a stand or a hotdog cart should be low enough to allow a huge segment of the population (of Batavia) to experiment," Tielman said.

Low rents remove one of the biggest impediments to people starting a business and open up the experimental possibilities so that Batavians decide for themselves what they want downtown. 

"This gives Batavia the best chance to see, whether for a very low investment on a provisional basis, (if) this will work," Tielman said. "It's not sitting back for 10 years trying to concoct a real estate investment scheme based on some RFP to lure developers and give them handouts at tremendous public risk. The idea is lower the risk and do things the way successful places have done it for millennia."

That's how it worked for Canalside, one of the projects, besides Larkin Square, Tielman has helped get started in Buffalo. With Canalside, development started with tents and temporary vendors. Now the area is revitalized, and permanent structures are being erected. It's a Buffalo success story.

The idea of starting new business and community centers with tents and temporary structures is something Tielman suggested for Batavia's future when he spoke to the Landmark Society in 2013. He suggested then the major obstacle standing in the way of Batavia's economic vitality wasn't the mall, it is massive amounts of asphalt for parking -- economically unproductive and mostly unused.

While he likes the Ellicott Street project, primarily because of the 55 apartments being added to Downtown's housing stock but also because of the involvement of Sam Savarino who has been part of successful restoration projects in Buffalo, Tielman thinks the project needs to have "connective tissue" with everything on the north side of Ellicott Street.

That means narrowing Ellicott, adding wider, more pedestrian-friendly sidewalks, and slowing down truck traffic flowing through Downtown.

Any such plan would involve the state Department of Transportation but that, he said, is just a matter of the city being willing to stand up to the DOT and paying for its own maintenance of that stretch of Route 63.

"If the Batavia's really serious about fixing (Route 63), it should do it on its own dime," Tielman said.

As part of Tielman's suggestion to concentrate growth strategies on the south side of Main Street, Tielman agrees that the farmer's market, currently at Alva and Bank, should be moved to Jackson Street.

The current location is too far from the existing local businesses, so the tendency is for people to drive to Alva, park, shop and leave. The traffic being drawn downtown isn't staying downtown.

Tielman talked about contiguity, the quality of commercial spaces adjoining each other, being necessary for convenience of users and survival of businesses.

"Connective tissue," a phrase used several times by Tielman, is critical to city centers.

"Contiguity is the lifeblood of settlements of towns and of cities," Tielman said. "If left to their own devices, places will develop like this -- and you'll see this up to World War II -- whether they were European cities, Asian cities or American cities.

"Look at a (1918) map of Batavia, contiguity was everything," Tielman added. "In a town of 18,000 people you had four-story buildings. It's crazy, you would think, but (it was built up that way)  because (of) the distance from the train station to Main Street to the courthouse. That's where you wanted to be. Everyone's walking around."

People are social animals -- Tielman made this point several times -- and Batavians, if given a chance, will support a city center with more density, Tielman said because that's human nature. What exactly that looks like, that's up to Batavians, but creating that environment will give residents a stronger sense of community, more personal connections, and shared life experience. That will foster the community's creativity and vitality, which is better than just accepting decline.

"I mean, if you look at the great John Gardner," his formative years are "when Batavia was still a place where a young John Gardner could walk up the street, buy comic books, get into trouble over there by the railroad tracks, buy something for his mother on the way home, blah, blah, blah. He could have quite a day in town and encounter characters of different stripes that can actually (be worked) into pretty rich novels of American life. You wonder whether Batavia could produce a John Gardner today."

Tim Tielman has a lot more to say about Batavia getting its mojo back (this is condensed from an hour-long conversation). Go to GO ART! at 7 p.m. Wednesday to hear more about it, ask questions, even challenge his ideas.

 

Top: Use the slider on the map to compare Batavia of 1938 with Batavia of 2016.

George Botts, Cecelia Cochran, Errol Crittenden, Leo Fiorito, Thomas Illes, Edward Kaine, Percy Luttrell, Patrick Molyneaux, Edgar Murrell, George Ripton, Alvin Smith and John Wilder.

Twelve Le Royans who went to war in the Great War, the War to End All Wars, and who didn't return home.

Today they were honored on the 100th Anniversary of Armistice Day. The day when a treaty calling for the end of hostilities in Europe on the 11th day of the 11th month at the 11th hour 1918 went into effect.

A new memorial to Le Roy's 12 who died as a result of the war was dedicated at Trigon Park with prayers, poems, a song, a reading the names of the 12 names, a 21-gun salute, and the playing of taps.

A man in his young 20s apparently accidentally fatally shot himself with his own gun this evening during a party in a barn at 6490 Byron Holley Road, Byron.

The name of the victim has not been released pending family notifications.

Chief Deputy Jerome Brewster said right now investigators are leaning toward accidental as the cause of the firearm discharge.

It is possible the victim was playing with the weapon when it discharged.

He described the gun as a semi-automatic pistol that the victim owned and possessed legally.

There were five or six people in the room, a party room in the barn, as Brewster described it, when the gun went off.

The initial call at 11:45 p.m., Friday, was for a man accidentally shot in the face. Byron Ambulance was dispatched but the ambulance went back in service shortly after arriving on the scene.

The coroner arrived on scene at about 2:15 a.m.

Two people who were in the room at the time of the shooting were taken to the Sheriff's Office on Park Road for further questioning.

Brewster said a press release about the shooting will go out after family notifications and after investigators determine better exactly what happened.  

UPDATE 10 a.m.: The victim has been identified as John L. Carney, 23, of Le Roy.

A man who drunkenly broke into a home on Swan Street in Batavia and picked up a child in that residence said in County Court this morning that he knew he terrified the people living there and he felt horrible about it. He said he knew he deserved to go to jail.

Judge Charles Zambito sentenced Sath Paul Dhanda, 39, of Clapsaddle Road, Bethany, to eight months in jail on a conviction, based on a prior guilty plea, to charges of criminal trespass and endangering the welfare of a child.

"I don't know these people," Dhanda said. "I have never seen them. I wouldn't know them if I saw them. I feel awful about what I did. I do believe I deserve time in jail to make sure it doesn't happen again."

First Assistant District Attorney Melissa Cianfrini blamed Dhanda's conduct on his drinking. Dhanda's criminal history goes back to at least 2007, the year after he reportedly suffered a head injury, when he was charged with assault at a residence on Ellicott Street. He's been arrested numerous times since then.  

By his own account and the word of others, Dhanda once had a promising golf career, and after being released from prison on a 2011 conviction for criminal contempt, Dhanda worked as a pro at a golf course in the region.

Today's court appearance today echoed Dhanda's sentencing in 2011 when he told then Judge Robert C. Noonan, "Alcoholism has destroyed my once promising life."

Cianfrini said today, "Everytime Mr. Dhanda drinks, almost every time he drinks, it seems he winds up in legal difficulty. He needs to come to the realization that he's a person who can't consume even one drop of alcohol."

She said he was lucky he hadn't seriously injured himself or somebody else given his lack of self-control when he's drinking. For his own safety and the safety of others, she asked Zambito to give him the longest possible sentence allowed by his plea agreement."

"Ms. Cianfrini is right," Dhanda said. "Alcohol is my problem but it's not every time I drink that I get into trouble but every time I get into trouble it's because I've been drinking."

He said prior to his arrest in July he had trouble with his health insurance and had trouble getting prescription medication. He mentioned going to UMMC and getting his medication and then taking it with alcohol. He said a friend was supposed to pick him up but instead of waiting he decided to walk. He said he blacked out and didn't remember entering the residence on Swan Street.

Dhanda is a good-looking man. Tall with the athletic build of a golfer, he is the son of a once-prominent urologist in Batavia. He is also well spoken and well mannered in court.

Zambito said the probation officer who prepared his pre-sentencing report said Dhanda was his "own worst enemy."

"It's clear," Zambito said reading from the report, "the defendant could do great things with his life if he would stop drinking and doing drugs."