Cassadaga will seek restitution

CASSADAGA – Cassadaga Mayor LeeAnn Lazarony and the Cassadaga village board will seek restitution from Mark Banse-Fay for damage caused on Tuesday when the car he was driving hit a fire hydrant on Dale Drive.

Banse-Fay was charged by state police in Fredonia with driving while intoxicated, leaving the scene of a property damage accident, and moving unsafely from lane. He is scheduled for the Town of Stockton Court on Aug. 12.

According to figures presented at Wednesday’s board meeting, the total amount of damage will exceed $3,000. Items that will be billed include 375 gallons of water lost, a fire hydrant, and the labor of village employees to make needed repairs. The labor will be based on computing an hourly rate for the village employees.

Lazarony was not sure if the labor was reimbursable, but after discussion with the board and with Legislator John Runkle, who was attending the meeting as a member of the public, decided to submit it to the court. The guiding principle in restitution is what is required to make the victim whole. In this case, the victim is the village of Cassadaga.

During the public portion of the meeting Runkle joked, “I want to thank the village for flushing out our hydrant. The discussion then turned serious.

Board members thanked Street Superintendent, Thomas Fetter, for his work to contain the damage.

Fetter said he appreciated Lazarony coming to the site and thanking the other municipal workers (Brocton, Sinclairville, and Lily Dale) for their help.

“They all said that made them feel good,” Fetter said.

Lazarony said she appreciated early notification about the situation so that she was prepared when residents questioned her.

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