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Football Preview: Lancers, a year older and a year hungrier

By Howard B. Owens

It's hard to find a high school football coach who will predict a winning season during an August practice session, and Elba/Byron-Bergen Head Coach Michael Cintorino is no exception.

But clearly, he has a lot to be excited about.

He's got a starting QB coming into his second year leading the varsity squad who's gotten bigger and stronger in the off season and put in the hard work to improve his skills.

He has two proven veterans to run the ball, and both his offensive and defensive lines are stocked with second- and third-year players.

Last year's 3-5 season was merely a chance to grow and learn for this group of players.

"This year, they're a year old, a year hungrier and they've been extremely competitive in practice and looking forward to the start of the season," Cintorino said.

The offense will be led by Garrett Chapell, who was shaky at times last year, but Cintorino said he's playing now with a whole new level of confidence.

"He looks fantastic this year, Cintorino said. "He put in a ton of work in the off season."

He'll have three first-year receivers, but Cintorino said they look like real weapons for Chapell so far.

The backfield will be bolstered with the experience of Steele Truax and Mike Shanley, who both proved last year they can run for positive yards and put points on the board.

So will this all add up into Ws for the Lancers, maybe a nice post-season run.

Cintorino dosn't want to go that far. Not yet.

"It's tough to say (how good the team will be)," Cintorino said. "Everyone else is probably saying the same things that we are right now, so we have to see what the league is going to look like once the season actually kicks off. Our goal is obviously to compete for a league championship and make it to sectionals and compete in the Class C sectionals, but there are a lot of good teams putting in the same work we are, so we have to wait and see until we get started."

Football Preview: Young players already experienced in winning move into key roles at Notre Dame

By Howard B. Owens

 

With each turn of a new generation of football players at Norte Dame, Head Coach Rick Mancuso usually finds a way to mold the young players into a winning unit.

Mancuso, of course, stops short of making any predictions for the Fighting Irish in 2014, but he does say he has a good group of young men who have been working hard and putting in the time to get ready for another season.

"Last year, our JV team had a successful season, so they're coming in and they had a lot of experience last year towards the end," Mancuso said. "We pulled up some kids for sections who got some playing time, which is a big advantage for them. Hopefully, we can keep them motivated and learning every day."

The offense will now be in the hands of junior Connor Logsdon, who led that JV squad last year to its undefeated season.

He steps into the shoes of record-setting QB Tim McCulley, but Mancuso said Logsdon is now his own man with his own offense to run.

"We're not asking him to fill anybody's shoes," Mancuso said. "We're asking him to execute the offense and do what he can do. Everybody's got to do their 1/11th."

Not much about the offensive scheme will change from recent seasons. Notre Dame will run and it will pass and work at setting up scoring opportunities.

"Unless you've got all the horses up front, you can't run the offense one way or the other," Mancuso said. "We're going to mix it up. We'll pretty much run the offense we've been running right along. We won't be spread as much as we were. We'll be spread sometimes, but we've got the full confidence in this team being able to execute what we put in."

The Irish are coming off a 6-2 season that ended jarringly with a 28-0 loss to Alexander in the first round of Class D sectional play. 

Notre Dame opens the season at home against Oakfield-Alabama on Sept. 6 at 1:30 p.m.

"We've got a great group of guys," Mancuso said. "I think everybody is going to do their best to make the team successful."

Photos: Bulldawgs and Blue Devils scrimmage at Van Detta

By Howard B. Owens

The Batavia Bulldawgs and the Batavia Blue Devils met in a scrimmage this evening at Van Detta Stadium.

Who won?

Who cares. The Mini-Division (8-9 years old) Bulldawgs were clearly thrilled to be on Woodward Field and get a pre-game pep talk in the Blue Devils' locker room from Batavia Head Coach Brennan Briggs.

Briggs told his team that he heard the Bulldawgs defense hadn't given up a score yet this season, so the Blue Devils offense might have a tough time of it.

In the first series, the Bulldawgs stopped running back Dominick Mogavero behind the line of scrimmage and sacked QB Greg Mruczek.

On the first play, the Blue Devils linemen didn't block. Rather they grabbed each of the Bulldawgs in front of them and lifted them in the air over their heads. Above, offensive lineman Gunner Rapone lifts an obviously thrilled Nathaniel Heusinger.

Photo: Fishing the Tonawanda behind the courthouse

By Howard B. Owens

When I left the County Courthouse this afternoon, I spotted a family fishing below the falls of the Tonawanda Creek. Above, Zachary Albright, 11, of Albion, gets ready to recast his lure into the creek.

'Unknown-type' structure fire reported on Hundredmark Road, Elba

By Billie Owens

An "unknown-type" structure fire is reported at 5059 Hundredmark Road. Elba fire is responding. The location is not far from a controlled burn.

UPDATE 8:32 p.m.: An engine from Byron is asked to stand by in Elba's fire hall.

UPDATE 9:28 p.m.: Fire's out and Elba is back in service.

UPDATE 9:30 p.m.: Bryon is back in service.

Photos: Today in Genesee County

By Howard B. Owens

The morning in Batavia started out kind of gloomy, but by the afternoon, the skies had cleared a bit and it was another beautiful day in Genesee County.

Above, a tree and barn off Selden Road, Le Roy.

A barn on Thwing Road, Stafford.

The view from Clinton Street Road, Stafford.

And below, three shots of Richard Oderkirk's sunflowers in Stafford.

City has seven fire hydrants awaiting replacement

By Howard B. Owens

If you've noticed some fire hydrants bagged with "not in service" messages in the city, Fire Chief Jim Maxwell said it's not something local residents need to be overly concerned about.

"Hydrants are spaced not to exceed a maximum of 500 feet," Maxwell said. "This allows for a fire hydrant to be readily accessible in either direction in the event of an emergency."

Currently, of the 746 hydrants in the city, seven are currently out of service.

Maxwell explained that hydrants are mechanical devices, which means they are subject to breakdowns.

Firefighters regularly test hydrants to ensure they are working properly. If they're not working, the bags being used help firefighters quickly identify an out-of-service hydrant during an emergency so they can quickly locate another one to use.

Of the seven hydrants out of service, one has been out of service since 2011, one since 2012, three since 2013, and two were taken out of service this year.

Out-of-service hydrants need to be replaced with new equipment. Each hydrant costs $2,200.

City workers, from the Bureau of Water and Wastewater, do the replacement work on a time-available basis.

The hydrants could be replaced more quickly if a contractor was hired, Maxwell said, but that drives the cost up to $7,500 per hydrant.

Waiting for available time for city workers to do the work will save taxpayers about $37,100 to replace the current out-of-service hydrants, Maxwell said.

Thruway Authority warns of possible traffic slowdowns on portion of I-90 locally

By Howard B. Owens

Press release:

The New York State Thruway Authority has announced that emergency repairs to the Wheatland Center Road overhead bridge on I-90 westbound between exit 46 (I-390) and exit 47 (Leroy) are under way.

Thruway maintenance crews began work early this morning and will continue through early Wednesday afternoon, then resume work late Wednesday evening after rush hour in order to complete the work before the Labor Day Holiday weekend work restriction period begins.

Motorists traveling westbound on I-90 should be prepared for possible slow moving or stopped traffic.

The Thruway Authority appreciates motorists’ patience during this emergency work.

Hawley earns perfect legislative score from NFIB

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) recently received a perfect score on his voting record from the National Federation of Independent Business (NFIB), a group that advocates for policies that help businesses grow and create jobs.

This is Hawley’s second perfect score from a business advocacy group, having received a perfect score from Unshackle Upstate last week. Hawley is thankful for the group’s support and promises to continue working with them to create more job opportunities for Western New Yorkers.

“I have dedicated my service in the Assembly to advocate for policies that help local small businesses and middle-class families thrive right here in Western New York,” Hawley said. “It’s good to have the partnership of groups like the NFIB that share my passion for this goal. We will continue working together to create a business climate that enables people to work in well-paying jobs.”

Noonan considering speedy trial motion in Dashawn Butler case

By Howard B. Owens

A Batavia police officer testified today that there was an extended effort to locate Dashawn Butler after a warrant was issued for his arrest in October 2013.

Butler's defense attorney asked questions and got answers that could suggest the police didn't do all they could.

Today's hearing was on a motion by attorney Tom Burns to have the felony charges against his client thrown out on "speedy trial" grounds.

Every defendant has a Constitutional right to a speedy trial. The clock starts ticking if the police are doing all in their power to locate the suspect. If they are making every effort, then the clock for a speedy trial starts at the time of arrest, rather than when the warrant was issued.

The warrant for Butler was issued in October, but he wasn't located and arrested until June.

Butler is charged with criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.  He's also accused of firing a weapon at another person Sept. 27 on State Street.

Sgt. Dan Coffey said that after the warrant was issued, police officers checked at least six possible addresses for Butler and looking for Butler was a frequent topic of shift-change meetings.

On cross-examination, Coffey said he had never personally been to the address where Butler was eventually located, though he said BPD had that address under observation for some time. He said he had not contacted State Police to see if troopers had any idea about Butler's whereabouts, and he did not seek utility records in an attempt to track down an address for Butler. He said he did contact Social Services to see if that agency had an address for Butler, but DSS did not.  

BPD also monitored a social media account reportedly belonging to Butler.

Coffey also provided a series of e-mail exchanges as possible evidence of BPD's efforts to locate Butler.

Burns objected to introducing the e-mails as evidence under the hearsay rules.  

Friedman argued that in a hearing such as this, the hearsay rules didn't apply, but even if they did, the e-mails weren't hearsay because they weren't being used as proof of the crimes charged.

Burns cited two prior rulings that found such e-mails were hearsay and that the prosecution has an obligation to call as witnesses the other police officers involved in the exchange.

Judge Robert C. Noonan said he has never read those cases before, so he called for an adjournment to read the cases and consider Burns' motion.

Whether the hearing will continue at a later date will depend on how Noonan rules on the motion.

Butler remains free on bail. There is no trial date set yet.

Photo: Route 5 repaving in Le Roy

By Howard B. Owens

Contractors are continuing work today on the repaving of Route 5 through the Village of Le Roy, creating a bit of a traffic snarl.

Law and Order: Driver accused of possessing marijuana following accident in Le Roy

By Howard B. Owens

Gina Lee Colangelo, 22, of Main Street, Caledonia, is charged with unlawful possession of marijuana and failure to keep right. Colangelo was allegedly the driver in an accident where her vehicle failed to remain in its own lane. Colangelo's vehicle was reportedly westbound on West Main Road, Le Roy, at 9:07 p.m. June 17 when it collided with a vehicle in the eastbound lane. In the course of the accident investigation, Deputy Joseph Graff allegedly found marijauna in Colangelo's vehicle.

Eric Joseph Smith, 29, of Gilbert Street, Le Roy, is charged with petit larceny. Smith is accused of stealing $107 in merchandise from Walmart.

A 16-year-old resident of Parsells Avenue, Rochester, is charged with petit larceny. The youth is accused of shoplifting from Walmart.

Serviceman returns from Middle East to big hometown welcome in Le Roy

By Howard B. Owens

Le Roy resident Mike Risewick, returning from his second deployment to the Middle East, got a grand welcome home tonight, including a shuttle pick-up with friends and family at the Rochester Airport courtesy S&S Limousine. The Le Roy Fire Department provided a lights and siren escort from the I-490 into the village.

It's the kind of welcome, Risewick noted, that only happens in a small town. And only in a small town do friends and neighbors look out for the families of men and women deployed overseas.

"It's incredible," Risewick said of the welcome. "I certainly didn't expect it. It's easy for me to go do this, but all the time in the back of your mind, you're always worried about how the family back home is making out. Le Roy, the town, has just been great. The friends, all the carpooling rides, everybody coming together to make sure my wife and kids were taken care of. I couldn't ask for any more than that."

Risewick, who is with Bravo Company 6442 ASB (helicopter maintenance) has been in the military for 32 years, including three years active duty and the rest of the time attached to the National Guard. He was previously deployed to Iraq. This latest deployment -- which started in October with a trip to Ft. Hood in Killeen, Texas -- was to Kuwait.

Risewick with wife Linda and sons Eric and Adam.

Sign outside Spirit's on Lake Street this evening.

Frost Ridge case attorneys wrangle with witnesses over what they knew and when they knew it

By Howard B. Owens

Marney Cleere, one of the co-plaintiffs in the pair of lawsuits filed against Frost Ridge over alleged zoning violations and live music at the venue, spent a lot of time on the witness stand today.

Cleere was called to testify in a hearing aimed at establishing when the statute of limitations' clock started ticking on a Le Roy Zoning of Board of Appeals determination that all activities at Frost Ridge are "grandfathered in," and whether that ZBA determination was made properly.

David Roach, the attorney Frost Ridge, and the campground's owners, Greg and David Luetticke-Archbell, called Cleere to try and establish what the Oatka Trails Road resident knew about the Sept. 25 ZBA decision and the day she knew it.

If she knew about it before April 8, it could mean there is evidence to establish that her and her co-plaintiffs did not file their complaint in a timely fashion. Depending on how Noonan interprets the law and case law, that could mean at least a portion of their suit against Frost Ridge could be thrown out of court.

Cleere testified today that she received a copy of the minutes from the Sept. 25, 2013 ZBA meeting on March 26, 2014.

Getting that admission from Cleere took dozens and dozens of questions from Roach and attorney Karl Essler, representing the ZBA, which is a co-defendant in the Cleere/Collins lawsuit.

Frost Ridge is also being sued by the Town of Le Roy.

Roach started his questioning by establishing that Cleere had an e-mail address with a username and password that only she could access.

He then showed her an e-mail from Patty Canfield, the Le Roy town clerk, to her e-mail address.  

Cleere never admitted to having previously seen the e-mail, but said she couldn't say that her e-mail account was hacked or that the e-mail could be fraudulent.

Once, when asked by Roach if the e-mail was sent to her, she responded: "It has my e-mail address on it, yes."

The e-mail is from early October.

It appears to have had three attachments (not included with the printed e-mail used as evidence). Those attachments were supposedly the ZBA minutes from June 11, July 23 and Aug. 27.

Roach quoted Canfield as writing, "I believe they will approve Sept. 25. minutes at next meeting."

Asked if the e-mail from Canfield was in response from Cleere for a copy of the Sept. 25 meeting minutes, Cleere said she would have to review her e-mails to answer the question.

She had no recollection of requesting those specific minutes from the town.

Later in her testimony, Cleere said she didn't request them until March because she didn't know that the minutes existed nor that Frost Ridge was discussed at the Sept. 25 ZBA meeting. Her request was prompted by communications with attorneys from both sides of the dispute, according to her testimony.

Asked several times in different ways if she took any action between October and March to obtain a copy of the Sept. 25 meeting minutes, Cleere responded, "I didn't know of that meeting, so what would have caused me to request those minutes?"

She obtained the copy of the Sept. 25 minutes from Code Enforcement Officer Jeff Steinbrenner, who, according to testimony by himself and other prior witnesses, kept all the minutes in a file in his office.

Cleere also testified -- while being questioned by her attorney Mindy Zoghlin -- that she became angry when she learned about the Sept. 25 meeting in March.

"Obviously, we were furious that we weren't made aware of this meeting," Cleere said. "We didn't understand why we weren't made aware of this, why it took six months."

Cleere said the package of material she received from Steinbrenner contained no application from Frost Ridge, no supporting documents and no notice of public hearing.

Part of what Zoghlin is trying to establish is that the ZBA's determination lacked jurisdictional validity. 

If she can show that the ZBA acted outside the scope of the law, the Sept. 25 determination would be meaningless and, potentially, the statute of limitations question becomes moot.

Zoghlin spent a lot of time today questioning David Luetticke-Archbell about his interpretation of communications from the town, what they meant, what he understood and what he believed, all in an effort to draw a distinction between the campsite zoning issues at Frost Ridge and the issue of live music.

Zoghlin argued that the zoning issues and the music issue are completely separate issues. The zoning issues, according to her, require a zoning variance, while the live music issue requires an area variance, a use variance or a special-use permit.  

If the ZBA wasn't considering live music at its Sept. 25 meeting (and Board Chair Debbie Jackett testified clearly that it did), then the ZBA determination is reduced to only a consideration of campsite placement and use.

As Zoghlin repeatedly asked questions to try and get Luetticke-Archbell to discuss these topics as separate issues, often with objections from Roach, the parade of objections eventually flared up, resulting in both attorneys making lengthy arguments to Noonan about why, or why not, the line of questioning was relevant.

"We can't just pull out of thin air the separation of the two issues because the record already states they're one issue," Roach said.

"The record" being a reference to a couple of documents already in evidence, including a letter from Steinbrenner to Frost Ridge that treats live music as just one in many alleged zoning violations.

"The communication that triggered the ZBA hearing didn't come directly from code enforcement (a reference to a supposed copy-and-paste by Steinbrenner of a message from Town Supervisor Steve Barbeau)," Zoghlin said. "That communication, while inartfully drawn, had the effect of mixing up and confusing two issues. ... 

"When we get to the jurisdictional issue," Zoghlin continued a statement or two later, "NYS town law and Town of Le Roy zoning code requires an application so we can avoid this kind of problem, so when the ZBA considers something, they have some type of idea exactly what they are being asked to rule on.

"There's no application here," she said. "To say the documents speak for themselves doesn't really help. To compound the problem, nothing was published anywhere so that anybody in town had any inkling the ZBA might consider a determination. The entire procedure is flawed from beginning to end so that it doesn't determine anything. I don't understand the thought process that says they're not asking for two things that are totally different in a way that makes any sense."

Noonan overruled Roach's objection, but also expressed skepticism about Zoghlin's line of questioning. 

"Maybe I'm missing something," Noonan said. "I realize zoning is a highly technical issue conducted by lay people who sometimes make mistakes in the process, but I don't see how going through the thought process of people gives us any enlightenment that will help me to decide this case when the case is based on documents."

With the hearing completed today, now we wait.

The attorneys will draft memos of facts and case law for Noonan to consider prior to issuing his ruling. Those documents are due Sept. 29. Noonan didn't indicate how long it would be after that before he issues a ruling on these motions.

Without a complete dismissal of the case, there will be more court appearances before the lawsuits are decided.

In the meantime, the Marshall Tucker Band is scheduled to play The Ridge on Sept. 6.

Noonan continued his order lifting the ban on live music at Frost Ridge, which allows the Sept. 6 concert to go forward as planned.

Two shows that were previously postponed because of the restraining order. John Michael Montgomery and Jason Michael Carroll have been rescheduled to dates near the end of October. The fate of those shows may depend on the status of the legal case at that time.

A close up view of the Northern water snake

By JIM NIGRO

I was walking along the edge of a meadow last week hoping for pics of butterflies and wildflowers. The last thing I expected to come across was a pair of water snakes. Very large water snakes. Both specimens stretched over 40 inches in length.

Until this day, all water snakes I've encountered were either in the water or at the edge of a lake, stream or pond, their preferred habitat. These two were more than 20 yards from a pond loaded with frogs. A stone's throw in the opposite direction is a narrow, sluggish, alga-covered stream filled with tidbits on the water snake's menu.

Okay, so this pair of snakes was a bit out of their juristiction. No big deal. But a couple of days later I came across them again in the same location. And a third time less than a week later, same thing. Oddly enough, each time I saw them, the smaller snake, if you could call it that, was nearly stretched out while the darker, obviously older snake, was tightly looped, its head hidden in the meadow grass.

Northern water snakes mate around April - June and give birth between August and October. Could the larger of the two have been a female ready to give birth. Was the other the papa or might it have been hanging around hoping for an easy meal? For what it's worth, once the offspring are born there is no nurturing, young are immediately on their own.  

The Northern water snake is active both during the day and night and their prey list quite extensive. Mice, meadow voles, crayfish, frogs, fish, birds and other snakes just to name a few. In turn, the water snake is preyed upon by hawks, owls, herons, fox and possums. On the other hand, given the size of the water snakes pictured here, they may have little or nothing to fear except man.

The meadow and nearby fallow fields, now rife with wildflowers, were teeming with ground nesting bobolinks less than two months ago. I wouldn't be surprised if this pair of well fed serpents took advantage of the nesting season and helped themselves to eggs, fledglings and perhaps adult bobolinks caught off guard. 

This is the larger of the two doing its best to remain concealed. The cloudy  appearance of its eye indicates its getting ready to shed its skin. With age, the water snake's tell-tale markings begin to fade and eventually they will appear dark brown or black.

Though non-venomous, the northern water snake is a feisty sort, it will strike when cornered and bite repeatedly if handled. The bite of large water snake can be painful and its saliva contains an anticoagulant which will cause the bite to bleed profusely. In the South they are often mistaken for copperheads and water moccassins and as a result are sometimes killed on sight.  

Rotary learns about how the National Weather Service in Buffalo works

By Howard B. Owens

Jason Franklin, head meteorologist with the National Weather Service in Buffalo, spoke today at the Batavia Rotary Club meeting. He shared information about the technology the NWS uses to help it measure weather and forecast what might be coming.  

Asked how the Weather Channel gets its forecast compared to the NWS, Franklin said, "We work in partnership with them, provide a lot of information to them, like other media, and they provide us information. We work together because our primary mission is to make sure you're safe. To make sure that the companies are getting the information that they need in order for them to do the best that they can. We're all in this together."

Lack of posts today

By Howard B. Owens

Sorry for the slow flow of news on our homepage today.  I was not expecting to be tied up in court just about all day for a Frost Ridge hearing (and it's a pretty good bet, based on his comments, that Judge Noonan wasn't expecting it to take as much time as it did).

So there's a story coming on that, and I have at least one other post to write.

Nominations sought for 2014 Health and Humanitarian Award of Genesee County

By Billie Owens

Press release:

The Jerome Foundation and United Memorial Medical Center Foundation are seeking nominations for the 30th annual Health and Humanitarian Award of Genesee County.

The award recognizes outstanding men and women whose volunteer efforts have improved the physical, emotional or spiritual well-being of the greater Genesee County area.

“We are fortunate to have many caring and committed volunteers devoted to the sick or to those in need, and helping build a stronger, healthier community for all of us,” said Justin Calarco-Smith, president of The Jerome Foundation.

He noted the significant accomplishments of Judith Ridley, the 2013 Health and Humanitarian Award recipient, who volunteers countless hours with the Le Roy Pantry and Help Fund, the Le Roy Volunteer Ambulance, and the Friendship Club at the Greens in Le Roy.

Nomination forms are available from UMMC Foundation office at 127 North St., calling 585-344-5300, or online at www.ummc.org. Organizations or individuals may nominate candidates.

Consideration will be given to actual accomplishments achieved through volunteer service and subsequent improvements to quality of life. Nominations should be submitted on or before Sept. 26.

The 2014 award winner will be honored at a luncheon on Friday, Dec. 5 at Terry Hills Restaurant.

Portion of Terry Hills' green fees this weekend will go to 'Folds of Honor' to help vets' families

By Billie Owens

Press release:

Terry Hills Golf Course, located on Clinton Street Road in Batavia, will be participating in a community event to benefit the families of service men and women.

All weekend long, Terry Hills will be donating a portion of our proceeds from Greens Fees to the Folds of Honor organization, as a participant in Patriot Golf Day. This organization provides educational scholarships for children and spouses of military service men and women killed or disabled while serving our nation. In one year alone for Patriot Golf Day, we were able to raise $4,000!

This is such a GREAT opportunity for golfers to get their rounds in this weekend but in doing so, help raise money for those in need!

Top Items on Batavia's List

Tourism Marketing Assistant Position The Genesee County Chamber of Commerce, serving as the official tourism promotion agency for Genesee County, NY is seeking an experienced marketing professional to assist in the overall Chamber tourism and marketing initiatives for Genesee County. https://visitgeneseeny.com/about/join-our-team
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Town of Batavia Court Department is seeking a part time as needed Court Officer. Court Officers are responsible for maintaining order in the court room and court facility during proceedings. Please send resume to Town of Batavia, Attention Hiedi Librock, 3833 West Main Street Road, Batavia, NY 14020. Complete job description is available on the Town web site or at the Town Hall Application deadline is April 15, 2024.
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