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Upton Monument to be rededicated tomorrow morning in honor of its centennial

By Billie Owens

(File photo.)

Led by the Joint Veterans Council of Genesee County, local veterans will host a rededication ceremony Saturday morning marking the centennial of the city's gateway monument at the junction of routes 5 and 63 that pays tribute to the Union Army's Emory Upton, the military service of men and women of Genesee County, and its war dead.

It starts at 10:30 a.m. and everyone is welcome.

Commonly referred to as the Upton Monument, for the statue of the colonel of the Fourth Regiment of Artillery, Army Brevit Major General Upton, it is officially known as The Soldiers and Sailors Monument. The actual marker at the base of the bald-eagle-topped pillar is engraved: In Memory of The Soldiers, Sailors and Marines of Genesee County.

Doug Doktor, chairman of the Joint Veterans Council, said that James Neider, of the Glenn S. Loomis American Legion Post 332 in Batavia, will provide a brief historical overview of Upton, one of the nation's foremost military strategists of the 19th century. Then Elijah Monroe, of the Sons of Union Veterans of the Civil War, Abraham Lincoln Camp 6 in Rochester, will speak on that organization's instrumental role in fundraising and getting the monument constructed.

There will also be a rifle salute.

The dedication held a hundred years ago took place on Wednesday, Aug. 6, 1919.

According to City of Batavia Historian Larry Barnes, there was a morning footrace from Le Roy to Batavia, followed by the dedication ceremony at which a relation of the Upton family, Col. Upton, served as the keynote speaker. The special occasion was capped off by a grand display of fireworks at the old Genesee County Fairgrounds, where Tops Friendly Market is now on West Main Street.

Proposals for the monument were bandied about as early as the 1870s. But getting it funded and built was not a given. Its price tag of about $15,000 was considered steep. Funds were sought from the county, the city and fundraising campaigns were launched by Batavia City School District Superintendent John Kennedy and Sarah Upton Edwards, sister of Emory Upton.

In 1907, city voters nixed spending $5,000 as their share of the monument's cost. It was not until World War I that action was taken that would finally pave the way for the planned monument to become reality.

In 1917, city fathers managed to get the city's funding share approved by a bit of political maneuvering -- slipping language for the monument expense into a sewer and water appropriations bill.

The architect chosen to design the monument was C. A. Worden, a local company responsible for many monuments at Gettysburg.

Once built, there was controversy as to whether the statue of Emory Upton was based on the actual likeness of the man himself. And the question, some local historians say, has never been wholly resolved.

To read more about Emory Upton from an 1885 biography, click here.

Also, previously: 

(Editor's Note: Publisher Howard Owens had planned to complete a video of the history of the monument in time for tomorrow's rededication. That is no longer possible, but he does hope to finish it very soon.)

Animal Control officer busy today with dogs locked inside hot vehicles

By Billie Owens

Photos and information from reader Roberta White:

This dog was in a truck in the Walmart parking lot in Batavia for 20-25 minutes minimum before dispatch was contacted and law enforcment officers arrived at about 2 p.m.

An animal control officer said the dog was definitely uncomfortable. She said if it was an older dog, it would have been in serious trouble.

She also said it was her third call to Walmart today. She's had made four or five trips in Genesee County today for dogs locked inside hot vehicles.

The truck owner was paged in the store while officers tried to unlock the vehicle. Surface temperature inside was 102 degrees. It's 80 degrees outside.

Video: GLOW Corporate Cup 2019

By Howard B. Owens
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John Schnitter, of Geneseo, with a time of 16:32, won the GLOW Corporate Cup 5K in Batavia on Thursday.

Kimberly Tomasik, of Orchard Park, was the top female with a time of 18:36 and a fourth overall finish.

In second place, William Buckenmeyer, of Batavia, with a time of 17:40. In third place, and first in the 18-29 division, Collin Mulcahy, of Batavia, with a time of 18:07.

The second- and third-place women were Liz Bender, of North Chili, 19:04, and Kimberly Mills, of Oakfield, 19:38.

For full race results, click here.

GCEDC board approves incentives for $1 million Graham project

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) approved incentives for Graham Manufacturing at the board’s Aug. 1st meeting. The GCEDC board also accepted an application for incentives from Wendt Propane.

Graham Manufacturing is investing $1.075 million for capital improvements to expand various properties at its campus in the City of Batavia. The company will renovate an existing 8,000 square feet of buildings, including an expansion and renovation of its 4,000-square-foot welding school to meet market demand for welders.

An existing 4,000-square-foot manufacturing building also will be repurposed and the company will build a new 5,000-square-foot warehouse for storage needs. A supplemental application from Graham Manufacturing was accepted at the meeting, with a public hearing to be held.

“Graham Manufacturing has a very long history in our community and once again the company is demonstrating its commitment to our community by making capital investments in its infrastructure,” said GCEDC Board Chair Paul Battaglia. “When companies are making these types of investments, it means they intend to stay and grow which is always a positive sign.”

Wendt Propane, based in Sanborn in Niagara County, is seeking sales, mortgage and property tax exemptions of approximately $125,000 to build a new 9,600-square-foot facility in the Town of Le Roy.

The $1.3 million project consists of $800,000 is construction costs, $410,000 is equipment costs, and $90,000 in real estate costs. Construction of the new facility would result in the creation of four new jobs.

Batavia Muckdogs win fourth straight, sweep Tri City

By Billie Owens

Submitted photo and press release.

TROY -- Thursday was a new day with new leading hitters and new pitchers for the Batavia Muckdogs, but the same result, a victory.

The Muckdogs defeated the Tri City ValleyCats, 4-1 to sweep all three games of  the series on the road.

The Muckdogs (28-18) have won four straight, sit in first place in the New York Penn-League Pinckney Division and play at home Friday, Saturday and Sunday against the Connecticut Tigers.

Jack Strunc (double) had two hits and a run for Batavia while Andrew Turner also doubled and had two hits.Troy Johnston had a RBI single and scored while Kobie Taylor and Ronal Reynoso singled.

Harrison Dinicola continued his three-game tear for the Muckdogs, driving in two runs with a single. He then scored on a Dustin Skelton RBI.

Edgar Martinez picked up the win to even his record at 2-2 with a 2.85 ERA. He struck out seven in five innings, allowed just one hit and no runs.

Janaikevr Villalobos threw two innings giving up a run then Joey Steele continued his dominance with a perfect inning, striking out the side in the eighth. His ERA remains at 0.00 and he earned his second hold.

In the ninth, Josh Simpson came on and the lefty threw a perfect inning for his second save and struck out one.

Batavia returns to Dwyer Stadium tonight to play the Connecticut Tigers. Check muckdogs.com for a new ticket special for tonight’s game, a family four-pack of tickets is just $20. The game is at 7:05 p.m.

The Muckdogs also play at home Saturday at 7:05 p.m. and Sunday at 5:05 p.m.

There will be fireworks on Saturday and specials all three games.

Tickets are available at muckdogs.com or stop by the Dwyer Stadium Ticket office between 10 a.m. and 5 p.m. during the week. The number is 585-483-3647.

Photo: Joey Steele, left, had a perfect inning with three strikeouts to keep his ERA at 0.00 this season. Steele, a 2019 Miami Marlins draft pick, has thrown 10 innings, struck out 16 and walked one without giving up a run. To the right is Geremy Galindez who won on Tuesday to improve to 3-0 with a 2.63 ERA.

Flower box fire reported

By Howard B. Owens

A flower box fire is reported at 335 Northside Meadows, Batavia.

City fire responding.

Accident and fire reported on Thruway

By Howard B. Owens

A car has reportedly hit a guard rail and is on fire in the area of mile marker 395 in the westbound lane of the Thruway.

No word on injuries.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 12:05 a.m.: Town of Batavia also requested to the scene, mutual aid.

Man who menaced cop with BB gun given chance for drug treatment

By Howard B. Owens
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       Brandon Fogg

A 32-year-old Batavia man went into County Court today facing a certain prison sentence for menacing a police officer with a BB gun but left with a second chance.

The attorney for Brandon Fogg told Judge Charles Zambito that his client had secured a bed-to-bed substance abuse treatment program and asked that he be allowed to enter the program Friday morning for 21 days of treatment. 

Expressing a bit of reluctance, the judge agreed to let Fogg enter treatment, with his mother providing transportation from the Genesee County Jail to the Bradford Regional Medical Center for treatment.

"I'll give you an opportunity to convince me that I shouldn't send you to prison," Zambito said. "That doesn't mean you won't do further jail time and time on probation."

Absent a chance at treatment, Fogg could have reasonably expected to be sent to prison today for one and a half to four years.

"One of the conditions is that you stay in bed-to-bed treatment and follow any recommendations of the program," Zambito said. "If you violate any of the terms of the program you will be brought back here and sentenced and you will be going to prison."

Batavia police officers encountered Fogg on Cedar Street in early June after he trespassed at a location on Ellicott Street. Due to an illegal tire on Fogg’s vehicle as he drove away from the location, officers initiated a traffic stop.

According to police, Fogg attempted to flee the vehicle, but he was taken to the ground by Officer Darryle Streeter. Fogg then removed from his pocket what appeared to be a handgun during the struggle between himself and Streeter.  

An employee of a nearby business came to the aid of Streeter by stepping on Fogg’s wrist, which caused him to drop the BB gun from his grasp. Streeter took Fogg into custody shortly afterward.

Fogg's next scheduled court appearance is Aug. 26 when Zambito will decide whether a prison term is still appropriate or if he should receive less time in the local jail.

Young man given chance to be there for birth of child before starting prison term

By Howard B. Owens
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       TeeSean Ayala

A former high school basketball star who got caught with a gun outside the county manager's home on Washington Avenue in November is being released from jail before being sent to prison so he can be at the hospital later this month for the birth of his child.

Judge Charles Zambito granted the unusual request because he promised TeeSean Ayala, 19, the opportunity to be around for the birth of his baby if he cooperated with prosecutors. Today Zambito acknowledge that Ayala kept his promise.

"I'm doing all of this because you did cooperate," Zambito said. "That's part of the bargain."

In May, Ayala entered a guilty plea to a charge of criminal possession 2nd, which carries a mandatory prison sentence with a maximum possible term of 15 years.

The plea also satisfied several charges related to local burglaries.

"If you flee, you will eventually be caught and then you're going to be sentenced to the 15 years," Zambito told Ayala. "If you commit any crimes while you're out, you will be sentenced to 15 years and face enhanced sentencing on those charges."

Ayala said he understood.

When the case was first called a little after 1:30 p.m., there was some discussion between Zambito and the attorneys about whether to adjourn the sentencing of Ayala. Ayala's attorney Richard Shaw started whispering to Ayala and at one point, Ayala became visibly emotional and said loudly, "but it's my first one."  

Shaw continued whispering to Ayala and Zambito asked if he and his client needed to discuss the matter privately. They did so Zambito ordered the case recalled later in the afternoon.

When Ayala came back into court, Zambito said he had been reminded of the promise to allow Ayala to be present for the birth of his child if he kept up his end of the bargain.

Zambito said Ayala isn't to leave his residence for any reason other than going to court or to go to the hospital for the delivery of his child when his fiancée goes into labor.

Ayala is allowed to have visitors but cannot be in contact with Malik Ayala, his brother who is a co-defendant.

Sentencing on the weapon charge is scheduled for 9:30 a.m., Aug. 21.

Musician Michael DiSanto hospitalized following stroke

By Howard B. Owens

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Batavia-born, Buffalo music scene legend Michael DiSanto was hospitalized July 22 after suffering a stroke.

He will require rehabilitation after losing the use of the left side of his body.

You can read more about DiSanto's health and how the Buffalo music community is responding in the Buffalo News.

Here's a GoFundMe page to assist Michael.

Top photo is one of I took of Michael on St. Patrick's Day 2014 at Center Street. The next photo is from the Ramble in 2013, which is the first time I saw him perform and was amazed by his talent. Below are also the three songs we recorded live with him on the third floor of Eli Fish for The Batavian Sessions. If you watch nothing else today, watch his cover of "Little Red Corvette."

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August events announced for Holland Land Office Museum

By Billie Owens

Here's the August lineup of happenings at the Holland Land Office Museum.

Trivia Night at the Museum​

The Holland Land Office Museum will be hosting the next edition of its Trivia Night at the Museum at 7 p.m. on Thursday, Aug. 8th. This month’s topic will be the “History of Baseball” with a distinct local twist. Admission is $3/$2 for museummembers. The trivia nights occur the second Wednesday of each month.

Genesee Area Genealogists Writer’s Workshop

The Holland Land Office Museum will be hosting the August meeting of the Genesee Area Genealogists group; Writer's Workshop will be on Monday, Aug. 19th from 10 am to noon. The meeting is open to anyone with an interest in researching family history.

Java with Joe E.

The Holland Land Office Museum will be hosting its next edition of its Java with Joe E. morning coffee historical discussion. The August meeting will take place on Thursday, Aug. 22nd at 9 a.m. at the museum. This month’s speaker will be Genesee County Historian, Michael Eula, Ph.D. His topic will be “In Only Six Short Years: Genesee County Reacts to the Assassinations of the Kennedys and Martin Luther King Jr.”

Free coffee and donuts will be served during the presentation. Java with Joe E. occurs the fourth Wednesday of every month.

Guest Speaker Series: “Legends, Lore and Secrets of Western New York” by Lorna Czarnota

The Holland Land Office Museum is proud to present our latest member of our Guest Speaker Series. Local author and storyteller Lorna MacDonald Czarnota will be presenting on one of her published works "Legends, Lore and Secrets of Western New York" at 7 p.m. on Thursday, Aug. 29th.

Czarnota is the author of nine published works, several relating to WNY history, as well as living history performer and musician. She will be available after the presentation to sign any copies of her books, several of which will be available from the museum gift shop. Admission is $3 per person, $2 for museum members.

GOW Opioid Task Force debuts 'Post Narcan Administration Video'

By Billie Owens

The GOW Opioid Task Force announces the availability of a Post Narcan Administration Video.

It was created by the Naloxone Work Group of the Task Force and launched at the quarterly meeting last week.

This video emphasizes an important message: individuals should go to the Emergency Department AFTER Narcan has been administered for an opioid overdose.

The Task Force members are very proud of the video and greatly appreciate all of their local partners who participated in this project and Tall Girls Design, the marketing partners who created an end product that surpasses expectations.

The video can be viewed right on their Facebook page here.

It is hoped that you find this video genuine and helpful as the Task Force continue sto work to end the opioid crisis in the GOW region.

Please feel free to share this video and spread this message.

If there are any questions or specific needs for the video please do not hesitate to reach out.

Allison Parry-Gurak 

Project Coordinator

Phone: 815-1889

Law and Order: Batavia man accused of impersonating cop, swearing publicly, being disorderly, resisting arrest

By Billie Owens

Paul Ralph Avino, 46, of Ellicott Street, Batavia, is charged with: disorderly conduct; obstruction; resisting arrest; criminal impersonation of police officer in the first degree; and obstruction of governmental administration. Following a complaint at Six Flags Darien Lake at 7:31 p.m. on July 31, Avino was arrested. He was allegedly swearing in a public place; and he allegedly resisted arrest and obstructed governmental administration. He is accused of possessing a police badge and he is not a police officer. Avino was released on an appearance ticket and he is due in Darien Town Court on Sept. 3 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Morgan Ashlee Brown, 25, of Wyoming Road, Wyoming, is charged with third-degree assault. At 9:39 p.m. on July 31, Brown was arrested following the investigation of a domestic incident that occurred on July 25 on Ellicott Street Road in Pavilion. Brown was issued an appearance ticket and is due in Pavilion Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Brittany M. Smith, 27, of Pringle Avenue, Batavia, is charged with second-degree harassment -- making physical threats. She was arrested at 9:26 a.m. on July 29 after allegedly threatening to assault Department of Social Services case workers during a child house visit. She was released on an appearance ticket for Batavia City Court Aug. 6. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Miah Stevens.

Penny B. Hargrave, 52, of Morrow Road, Pavilion, is charged with: driving while intoxicated; failure to keep right; moving from lane unsafely; leaving the scene of a motor-vehicle accident; and refusal to take a breath test. At 11:11 p.m. on July 30 on Ellicott Street Road, Pavilion, Hargrave was arrested, arraigned in Pavilion Town Court and directed to return to court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy James Stack.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with obstruction of governmental administration and illegal use of toxic vapors. Miller was arrested at 3:25 p.m. July 29 on West Main Street in Batavia. He was allegedly located huffing from an aersol can and refused commands to stop the behavior while being taken into custody. He was arraigned in Batavia City Court and jailed in lieu of unspecified bail. He was due to return to court today (Aug. 1). The case was handled by Batavia Police Officer Christopher Lindsay.

Kyle L. Humphres, 33, of Rockefeller Road, Phelps, is charged with second-degree criminal contempt. On July 31 he responded to Batavia Police Department and turned himself in on a warrant stemming from an unspecified incident on Willow Street in Batavia on Feb. 22. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in city court on Aug. 22. The case was handled by Batavia Police Officer Felicia DeGroot.

Christian Saez, 30, of Copeland Street, Rochester, is charged with petit larceny. He was arrested at 11:46 a.m. on July 12 after allegedly attempting to steal seafood from a grocery store. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Hector M. Arroyo, 44, of Mustang Circle, Geneseo, is charged with petit larceny. At 6:36 p.m. on July 29, Arroyo was arrested on East Main Street in Batavia after allegedly shoplifting from a local business. He was jailed in lieu of $1,000 cash or $2,500 bond. He was due to return to Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Jenna Marie Lange, 36, of Mustang Circle, Geneseo, is charged with attempted petit larceny. Lange was arrested after a shoplifting incident at a store on East Main Street Road in Batavia at 6:36 p.m. on July 29. She was issued an appearance ticket and was due in Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Shawntoy L. Pryor, 33, of Stockbridge Avenue, Buffalo, is charged with trespass. The defendant was arrested after allegedly trespassing on private property at 11:50 a.m. on July 12 on East Main Street in Batavia. He responded to Batavia Police Department headquarters and was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Marc Lawrence.

Car vs. bicycle accident reported in Darien

By Billie Owens

A car vs. bicycle accident is reported on Route 77 at Sumner Road. Darien Fire Department and Mercy medics are responding. A second ambulance is requested for an elderly female at the scene who has heart trouble and has difficulty breathing.

Mercy Flight was called for the bicyclist, then cancelled. The bicyclist will be transported to a hospital by ground ambulance.

Handyman services available to GC residents 60 and older who need minor home repairs

By Billie Owens

Press release:

If you are a Genesee County resident 60 or older (or you know someone who is) and would like help with small repairs to your home, inside or out, let the Handyman help.

The Handyman Program, offered through the Pathstone Corporation and funded by the Muriel Marshall Fund, is a home maintenance and minor repair program.

According to a comment posted by program supervisor John Wiltse, and confirmed by Office of the Aging specialist Maureen Estabrooks, there is no charge for lower-income seniors needing grab bars or hand rails installed or other services with modest materials costs.

Wiltse says seniors may need to cover part of the cost of materials, depending on the dollar amount. For higher-income seniors, the program requests a donation of $10/hr. for handyman labor to help offset program costs.

Call NY Connects/Office for the Aging at 343-1611 for more information.

A sampling of services is as follows:

  • Install grab-bars
  • Repair entry steps Install hand rails
  • Repair porches
  • Electrical repairs
  • Window and door repairs
  • Install weather stripping
  • Gutter repairs
  • Install smoke detectors/change batteries
  • Hang pictures
  • Fix faucets
  • Unclog drains
  • Install mailboxes
  • Install locksets & deadbolts

Register for networking event celebrating 60th anniversary of the Harvester Center

By Billie Owens

The business community is invited to celebrate the 60th anniversary of the Harvester Center in Batavia, the world's first business incubator.

In partnership with Start-Up Genesee, which is the networking event coordinator, and the Genesee County Chamber of Commerce, the anniversary celebration will take place from 4 to 6 p.m. on Thursday, Aug. 15. The address is 22 Masse Place.

These organizations are thrilled to have such a unique and forward-thinking facility in our county.

Catering will be provided by D & R Depot Restaurant.

There is no cost to attend, but registration is required.

Click here to find out more and click the button on the right side of the page to register. Or call 343-2800.

Car vs. pole accident reported in Bergen

By Billie Owens

A car vs. pole accident is reported in Bergen. The driver is out walking around with a possible leg injury. The address is 7682 Clinton Street Road, between Dublin and Jericho roads. Bergen Fire Department and Mercy medics are responding.

UPDATE 12:25 p.m.: Bergen command orders all equipment held in quarters. The pole is completely sheared in half; a couple of cable lines are attached to it. National Grid is notified; no ETA.

UPDATE 12:27 p.m.: The Mercy unit is put back in service; no need for response.

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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