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Photos: Batavia Ramble Music and Arts Fest 2016

By Howard B. Owens

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Hundreds of music fans and musicians swarmed into Downtown Batavia today for the annual Batavia Ramble Music and Arts Fest, held in Jackson Square and at a stage set up at School and Center streets.

In all, 40 music acts were scheduled to perform. The last act goes on at 8:40 p.m., so there's still time to see the show.

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Motor-vehicle accident, unknown injuries, Alexander

By Howard B. Owens

A motor-vehicle accident with unknown injuries is reported at Darien Alexander Townline Road and Buffalo Road, Alexander.

Alexander fire and ambulance, along with Darien ambulance dispatched.

Photos: Big turnout for first Friday night concert in Jackson Square

By Howard B. Owens

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The 2016 summer season of concerts in Jackson Square kicked off Friday night with performances by St. Joe's of Batavia Brass Ensemble (its 85th Reunion) and the Mighty St. Joe's Alumni Corps (with an interlude covering the history of the bugle, featuring members of the ensemble).

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Report of a car hitting a tree on Byron Road, Stafford

By Howard B. Owens

A car has reportedly hit a tree in the area of 7292 Byron Road, between School Road and Fotch Road, Stafford.

Unknown injuries.

Stafford fire and Mercy EMS dispatched.

UPDATE 10:37 p.m.: Occupant is out of the vehicle and being evaluated by EMS. Damage to front end of the vehicle.

City school board holds annual organizational meeting

By Howard B. Owens

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Patrick Burk, right, will continue to serve as school board president during the 2016-17 year, and Jessica Maguire-Tomidy will serve as VP. Madison Moore, left, is the student, ex-officio member for the year.

The district board held its annual meeting this morning at the district office. The meeting included approving the board calendar, appointment of committees and appointment of key district staff. Chris Dailey was reappointed as district superintendent.

Moderate drought conditions impacting local farmers

By Howard B. Owens

Genesee County is officially in a moderate drought condition and it's having an impact on our local farmers. The Batavian's news partner, 13WHAM produced this story.

The map below of the Northeastern United States shows where it's considered "unusually dry" (in yellow) and where moderate drought conditions (tan) exist.

We got less than an inch of rain in June, two inches below average and the fourth lowest rainfall total for June since the 1940s.

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No announcement expected today for $10 million development prize

By Howard B. Owens

City officials expected the governor's office to announce today the winners of the statewide contest for grants to assist in downtown economic development, but City Manager Jason Molino said this afternoon that he's received word not to expect the announcement today.

The city is competing with other municipalities in the Finger Lakes Economic Development region for a $10 million prize.

Pair of Roy Mason paintings dedicated to memory of two longtime supporters of Richmond Memorial Library

By Howard B. Owens

In a ceremony at the Richmond Memorial Library yesterday, two original works by Roy Mason were dedicated to the memory of Ted and Rosemary Surowka, who both dedicated many years of service to the library and the NIOGA library system.

Director Bob Conrad said library officials have been looking for a way to honor the Surowkas after Rosemary's death a year ago and when they realized one of the Mason paintings at the library had hung in Ted's school district office for 30 years, before Rosemary had it moved to the library after his retirement, it seemed natural to rededicate the paintings in their honor.

Plaques will be affixed to the wall next to the paintings.

Ted, who died in 2001, was the business administrator for Batavia City Schools for 36 years and served on the NIOGA Board of Trustees. Rosemary was a trustee of the library from 1995 to 2011 and board president from 1997 to 2011.

Mason is a significant American artist who worked mainly in watercolor. He moved to Batavia as a child when his father took over a family label-making business. After pursuing a career as an artist for a time, he returned to Batavia to work in his father's business. He retired in 1959 and moved to La Jolla, Calif., (San Diego County) and lived there until his death in 1972.

Martha Spinigan, director of the library for 28 years, said both Ted and Rosemary were steadfast in their work for the community and support of the library. Ted was a force behind moving the library expansion forward and getting it completed in the 1970s.

 

Beth Stich, current board president, read two resolutions dedicating the paintings.

Accident reported on Ellicott Street Road at East Road

By Howard B. Owens

A two-car accident is reported at Ellicott Street Road and East Road, Bethany, with injuries.

The accident is not blocking.

Bethany and Stafford fire departments and Mercy EMS dispatched.

UPDATE 9:24 a.m.: A first responder reports traffic is backing up.

UPDATE 9:30 a.m.: Photo submitted by Jordan Fleming showing the wheel from the passenger vehicle jammed under the tires of the tractor trailer.

Two from Rochester allegedly caught in midst of drug transaction in Walmart parking lot

By Howard B. Owens
     Antoine Clark    Kristina Kretchmer

Agents of the Local Drug Task Force report that they interrupted a crack cocaine sale in progress in the parking lot of Walmart on Wednesday afternoon and took two Rochester residents into custody.

Arrested were Antoine T. Clark, 32, of Lake Avenue, Rochester, and Kristina M. Kretchmer, 34, of White Swan Street, Rochester.

Uniformed deputies of the Sheriff's Office assisted in the arrest.

Clark is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, criminal possession of a weapon, 4th, and unlawful possession of marijuana.

Kretchmer is charged with criminal sale of a controlled substance, 3rd, conspiracy, 4th, criminal possession of a weapon, 4th, unlawful possession of marijuana and aggravated unlicensed operation, 3rd. 

Both suspects were arraigned in Batavia Town Court and Clark was held without bail and Kretchmer was held on $5,000 bail.

Pavilion All Stars finish second in tournament

By Howard B. Owens

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The Pavilion U-10 baseball team had its best post-season finish in a decade, coming in second in a tournament held in Perry.

Pictured are: Christopher Doody. Mason Gilkes, Cole Harding, Grayson Harding, Landon Stoddard, Case Cummings, Zach Tillotson, Cameron Beck, Noah Hudson, Tyler True, Evan Kingdon, Ryan Williams, and coaches, Brandon Gilkes and Jason Tillotson, and head coach Tim Kingdon.  Coach Michelle Forti was unavailable for the photo.

Photo and information submitted by Ed Doody.

Elba youth beat Chili for championship

By Howard B. Owens

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Photo and story submitted by Drew Muehlig.

A four-run fourth inning was the difference as Elba downed Chili 8-4 Saturday to win the youth major league baseball championship.

The Lancers were leading 4-2 heading into the fourth, but the insurance runs in that big inning proved to be the difference. Zach Howard led off the inning with a single, scoring on Randy McIntire’s double on the very next pitch. Jake Engle added an infield single and then Nate Esten connected on a two-out single to score McIntire, putting runners on the corners. Brendan Thompson then sent a hard grounder through shortstop that took a tremendous bounce over the approaching fielder. Thompson took advantage, stretching the hit into a triple to score two runs putting the Lancers up 8-2.

Chili would score two runs in the top half of the sixth but their comeback fell short.

Elba’s CJ Gottler struck out nine in earning the win on the mound while Howard fired seven strikeouts to collect the save. Gottler and Zach Marsceill had huge run-scoring singles to keep Elba in the game early. Anthony Zambito also singled for the Lancers, who finish the year at 15-1. 

Photo: Front row -- CJ Gottler, Anthony Zambito, Zach Howard; second row, Frank Warriner, Jake Engle, Randy McIntire; third row, Tyler Kauffman, Brendan Thompson, Gage Chamberlain, Arron Wyder, Nate Esten, Caden Muehlig, Zach Marsceill; back row, coaches Drew Muehlig, Brian Engle and Vern Howard.

Attorney in embezzlement case pled guilty on Friday

By Howard B. Owens
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      Randolph Zickl

Updated at 2:22 p.m.

Randolph Zickl, the 81-year-old attorney, charged with grand larceny 2nd for stealing $75,000 from a former client, pled guilty to the charge in County Court on Friday, The Batavian has learned.

Since police departments only release information on arrests, and not court activity, that information wasn't available in the initial press release.

The guilty plea was uncovered by our news partner 13WHAM in a conversation with the Erie County District Attorney's Office and confirmed by The Batavian through a local source. 

Zickl will be sentenced Sept. 20.

Through court sources, 13WHAM learned that Zickl's victim was the widow of a client who died and Zickl handled the estate. He reportedly double-billed the client and then continued to withdraw money from the victim's account over a three-year (not two as previously reported) period.

If Zickl is able to make full restitution by Sept. 20, he will likely receive a probationary sentence.

He also resigned from the New York State Bar Association.

Because Zickl has two sons working the Genesee County District Attorney's Office, the Erie County office handled the prosecution and Zickl appeared in Genesee County Court, but an Erie County judge presided over the case.

Previously: Respected local attorney accused of stealing from elderly client

Silicon supplier makes investment in 1366 Technologies

By Howard B. Owens

A Boston-based company that has picked Genesee County for the location of its silicon wafer plant announced a major strategic move today that officials say will provide a tremendous positive impact on cash flow.

Wacker Chemie, a supplier of highly purified silicon, is making a $15 million equity investment in 1366 Technologies through the supply of the silicon that will be used by 1366 to manufacture its advanced silicon wafers.

The silicon wafers will be manufactured in a plant at the Science, Technology & Advanced Maufacturing Park (STAMP) in the Town of Alabama through a process that officials with 1366 say will greatly reduce the cost of solar power.

The partnership will also include a technical collaboration between the two companies. Wacker Chemie will provide expertise in silicon as well as facility design, engineering and construction.

“We see the potential for the Direct Wafer technology to provide an excellent contribution to accelerate global solar adoption," said Ewald Schindlbeck, president, Wacker Polysilicon. "1366 has developed a commercially valid answer to a longtime manufacturing challenge. We’re eager to add our high-quality products and bring our expertise to the effort.” 

Frank van Mierlo, CEO of 1366, said the partnership is a good sign for the future adoption of his company's groundbreaking solar wafer solution.

“Commercial traction is gained when technical success and financial support are established within the industry," van Mierlo said. "This partnership with the world’s most technically advanced silicon provider clearly demonstrates market acceptance for the Direct Wafer technology. Wacker’s silicon is the best in the industry and has been a crucial competitive edge for Wacker’s customers. It will do the same for 1366."

The manufacturing solution developed by 1366 offers a significant advantage over traditional ingot-based production technologies, according to company officials. The process makes wafers in a single step, pulling them directly from molten silicon instead of today’s multistep, energy- and capital-intensive approach, resulting in significant wafer production cost savings.

New downtown restaurant, Carter's, opens today

By Howard B. Owens

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Yes, dreams can come true, and so far, they have for Brenden Mullen, who eight years after going to work in his father's restaurant, formerly Larry's Steakhouse, is now the owner of Carter's in the same location.

But the dream doesn't stop there. Carter is the name of his 9-year-old son, and if dreams really do come true, it will be Carter someday welcoming you at the front door or serving you a drink.

"If I can, I'll get Carter's successful and then 10, 15 years down the road, I'm on my way down South and I'll leave this place for him to take over if he wants," Mullen said.

It's been seven months since Larry's closed so Mullen could revamp the restaurant and put his own mark on it. There was a lot of planning and work into getting the doors open again, he said, which happened today.

The theme of the new restaurant is nautical with a nod toward the Northeast seafaring tradition.

Naturally, the menu is filled with seafood appetizers and entrees.

"I spent the past seven months coming up with different menu ideas," Mullen said. "When I started narrowing it down, the result was predominately seafood, and then when I got to thinking about it, it seemed like a good idea, our niche, so to speak."

Mullen enjoys the restaurant business, he said, because he loves food and he loves people.

"When I was 21 years old, looking for something to do, I thought, there's no better way to make a living than working in a restaurant," Mullen said. "I love food and I love going out to dinner, and you can't be in this business if you're not a people person. To be able to hang out and mingle with my friends and customers, it really doesn't get much better, in my opinion."

City and BID relationship said be heading in constructive and productive direction

By Howard B. Owens

Officials are being coy with details, but the city and the Business Improvement District are apparently close to a negotiated agreement that will end a bit of a dispute over some operational issues. 

The turning point apparently came at a meeting Friday involving City Manager Jason Molino, City Attorney George Van Nest and an attorney for the BID who, up to this point, hadn't been involved in the situation.

Laurence Rubin, of Kavinoky & Cook, LLP, in Buffalo, was at Monday's City Council meeting, where Molino informed council members that progress had been made and an agreement should be forthcoming.

A public hearing on a proposed change to local law that would have affected the BID's district plan as well as required the BID board to abide by the State's Open Meeting Law and Freedom of Information Law was held, but there were no speakers.

Both Molino and Rubin sidestepped questions about the sunshine law requirements.

"We have an agreement in principle on the substantive issues," Rubin said. "I don’t want to get into the details and give you a long law school lecture, which I’m sure you don’t want to get into now, but in terms of the principles of transparency and timelines, I think there’s agreement."

Molino said, "I think both the City and the BID board are interested in the issues of transparency and that the public having access to board decisions and board meetings as well as how decisions are being made."

Rubin said he is an expert in the area of special districts and business improvement districts and General Municipal Law (GML).  

Asked if he was aware of any districts that were required to abide specifically by the sunshine laws, he said he didn't know of any, but that such districts and boards are generally open and transparent.

"I think government and the public and taxpayers do want to see transparency and I think there is a common theme about that," Rubin said. "Again, I don’t want to get into a law school lecture. The Freedom of Information Law or the Open Meetings Law, per se, is not really the issue. The issue is should there be transparency and there is absolute agreement on both sides that there should be."

At no point, has there been any specific allegation that the BID or the BID board has been anything less than transparent, but Molino raised the idea few weeks ago that to ensure transparency, the city should require the BID to abide by the sunshine laws.

In a memo to BID members last week -- property and business owners within the downtown district -- Executive Director Laurie Oltramari said the BID board objected to the sunshine law requirement not because the BID isn't transparent, but as a matter of legal precedent and principle. 

"The BID board is opposed to the City of Batavia adopting a local law imposing such as it conflicts with state law and our meetings are already open to the BID membership," Oltramari said. "For the City to implement such is creating new law for the City of Batavia, setting new precedent within NY State and discriminating against a not-for-profit corporation."

The dust-up between the city and the BID began a few weeks ago when Molino required the BID board to cut its budget to better comply with General Municipal Law, which Molino said the BID's budget had skirted for the past few years.

The BID's assessment, which is the basis for the BID's budget, is set by the city and while Molino said he has raised the issue with the BID in previous years, this year he said the city would correct the assessment to comply with GML.

Rubin repeatedly said that in his role as legal counsel for the BID on this issue, he didn't want to look back and concentrate on past history.

"We had a very positive discussion with the city administrator and the city attorney," Rubin said. "We talked about substantive issues. We set aside the history and whatever conversations may have been and we just talked about the statute and the proposed revisions to the local law. It was very constructive. I can’t really speak to what happened in the past, but going forward seems to be very constructive and very productive."

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