Jeff Donahue, director of the Holland Land Office Museum, stands with a big flag that once flew on the flagship of Rear Admiral Ralph Chandler, who was born in Batavia in 1829 and died in Hong Kong in 1889.

Chandler, a ship commander in the Civil War, was Asiatic Squadron commander from 1886 until his death.

The flag is on loan to the museum by Ralph Chandler Parker III. It measures 13' 11" on the hoist and 25' on the fly.

To fit it in the case, four people wearing archival gloves spread it out on sheets on the floor and then folded it, and folded it, and folded it, until it fit.

"It would have been beautiful if we could have displayed it at its full dimensions," Donahue said. "Unfortunately, we just don't have the space to do that."

Chandler was married to Cornelia Redfield and they had five children together.

It's no sure thing that Dick's Sporting Goods is coming to Batavia.

First, there's no official confirmation that Dick's is the client COR Development Company has secured for the former Lowe's location.

Second, Charlie Cook, chairman of the Genesee County Economic Development Center Board, said it's far from a done deal that COR will receive more than $1 million in tax incentives to prepare the 138,778-square-foot space for a new tenant, whoever that may be.

If Dick's is the new game in town, local sporting outlets say they're ready for the competition; they just hope it's a level playing field.

The GCEDC board has yet to officially approve a trio of tax incentives for COR. The only action yesterday was to approve a public hearing for the project, which hasn't even been scheduled yet.

The board has been given scant information about COR's plans, Cook said, and without more information, the board isn't ready to act on the proposal.

"There is no commitment from the EDC for any sort of tax breaks or funding and there won’t be until we have a lot more information," Cook said.

This is the first big retail project that has come before the GCEDC board since Cook's been a member, he said, so he wants to educate himself on what projects like this mean for existing businesses before making a decision.

"I’m still learning," Cook said. "I’ve learned some things on the fly here and have been educated a bit on the impacts that some retailers might have that I hadn’t thought of. I haven’t formed an opinion yet."

Two months ago, a source told The Batavian Dick's Sporting Goods was planning a store at the former Lowe's location; however, repeated phone calls and e-mails to Dick's corporate office since then have been ignored by the corporate giant.

Dick's is a publicly traded company founded in Binghamton and now has 511 stores in 44 states. Annual sales in 2011 (the most recent numbers available) were $5.2 billion with a net profit of $1.6 billion, for a profit margin of 30.6 percent.

Those big numbers mean local retailers selling outdoors equipment and sporting goods face competition from a well-financed behemoth with significant market power.

That isn't scaring at least two local retailers who sell some of the same merchandise as Dick's, but the local owners are unhappy that a giant corporation like Dick's could benefit from any tax incentives given to COR.

Mike Barrett likened the practice of using tax incentives going to corporate chains to "using your own tax money to put yourself out of business."

Still, Barrett's Batavia Marine -- founded in 1955 by his father and uncle -- has been in the same location for decades and Barrett has seen a lot of upstarts come and go.

"We can compete in a lot of different levels they can’t," Barrett said. "Price is one thing and service is another. I knew about this coming for about a year, but we’ve outlasted a lot of other people, so … (Barrett shrugged)"

Kurt Fisher, whose store Fisher Sports is less than two years old, thinks he's found a local niche to serve and his new location in the Court Plaza (off Court Street) is doing well.

He isn't even particularly worried about Dick's potential for offering lower prices.

"The bigger issue for us would be they have more opportunity to have more stock because they have more money to bring everything into the store from every company," Fisher said. "We don't have that opportunity. Olympia (on Lewiston Road) doesn't have that opportunity. They (Dick's) can fill the store with everything, but that doens't mean their prices are good. That's their story everywhere. They have full stores but that doesn't mean they have the best price."

Fisher is ready to compete head-to-head with Dick's, but he doesn't think tax incentives should be used to give a big chain an advantage over local businesses.

"For the town and city to do that, it tells me they're more worried about the Big Box people compared to the smaller business people, for sure," Fisher said. "We don't get tax breaks and we're already in business."

Before today, Charlie Cook said he had no idea that Dick's was the potential tenant for COR. He doesn't even know now if the information is true. He said the GCEDC board was told the confidentially agreement prohibited even the GCEDC board being told who the tenant might be at this stage, even in closed session.

Who the tenant is could be critical information for the board to consider before approving incentives for COR, Cook said.

"I am interested in protecting existing businesses," Cook said. "I think when the facts come out, and more names are divulged (there could be more than one retailer moving into the former Lowe's location), if something isn't going to have an impact on local retailers and actually has attributes that benefit the local economy, you have to look at that differently than a business that competes directly with somebody down the street. Until we know more, we can't make that judgement."

Cook also acknowledged that taxpayers may have legitimate concerns to consider about COR receiving new tax incentives after receiving tax incentives in 2007 to construct the curent building for Lowe's, but "what it comes down to is we're staring at a big empty building and how can we put it to the best use."

Live Nation announced two more shows today for their annual summer concert series at Darien Lake Performing Arts Center, with Big Time Rush and Victoria Justice performing locally July 28.

Big Time Rush will be touring in support of the band's third album, scheduled for release this summer.

Already announced for the season are:

• Tim McGraw, May 26
• Zac Brown, June 23
• Dave Matthews, July 3
• Vans Warped Tour, July 6
• Train, July 13
• Rockstar Energy Drink Mayhem Festival, July 14
• John Mayer, Aug. 13
• Maroon 5, Sept. 4.

Local law enforcement -- deputies and troopers -- are looking for a white Neon with a black male driver and black male passenger.

The two men are suspected of stealing groceries from Walmart.

The first man is described as wearing blue sweatpants and an orange hoodie. The second suspect is wearing jeans and dark shirt.

The vehicle may have been last seen westbound on the Thruway.

The theft was reported at 4: 29 p.m.

The Sheriff's Office is investing an overnight smash-and-grab at the Radio Shack on Veterans Memorial Drive, Batavia.

An inventory of what was stolen is not yet available, but the thief or thieves made off with at least a number of smartphones that may have significant retail value.

The call of a break-in reached dispatchers at 12:38 a.m. and deputies arrived on scene two minutes later.

By that time, the glass door was broken through, the merchandise stolen and the perpetrators gone.

Investigator Roger Stone said at this early stage there are few leads to go on. An attempt to obtain information from surveillance cameras in the area has yet to yield results.

Anybody with information that may assist in the investigation can call the Sheriff's Office at (585) 343-5000.

Press release:

Genesee County Sheriff’s Office K-9, Pharoah, will be retiring at the end of the year and Sheriff Gary T. Maha has announced a fundraising campaign to replace the dog.

Pharoah is 11 years old and has been working with Deputy Brian Thompson since November 2010. Deputy Thompson will be relinquishing his K-9 duties at the end of the year as well. Deputy Thompson has been the Genesee County Sheriff’s Office K-9 officer for the past 13 years.

The Genesee County Sheriff’s Office has been able to maintain a K-9 team for the past 13 years with support and donations from the public along with county funding. Public support and donations are vital to the continuation of this worthwhile program and are used to pay for food, veterinary services, training, equipment, and other K-9 related expenses.

The K-9 team is used for search and suspect apprehension, locating missing persons including missing children and Alzheimer patients, contraband and drug searches, tactical tracking, evidence recovery, building searches, patrol, and public presentations.

The Sheriff’s Office will be selecting a new K-9 officer and will be searching for a new K-9. The cost for a police dog ranges from between $5,000 - $8,000 and a 15-week K-9 training course costs approximately $5,000.

The Sheriff’s Office is initiating a public fundraiser for a sustainable K-9 fund for the Genesee County Sheriff’s Office. Maha says: We need your support to continue with our K-9 program and are asking businesses, community organizations and individuals to make a tax-deductible donation to the Genesee County Sheriff’s Office K-9 Fund, 165 Park Road, Batavia, NY 14020.

Inquiries may be made to Confidential Secretary Carolyn Della Penna at (585) 345-3000, Ext. 3510.

Letter from the city to residents:

As of June 1, 2013, City of Batavia residents will be responsible for their own curbside pickup of refuse, recycling and bulk items. Each property owner will either select a vendor of their choice or have to transport their refuse and recycling to a transfer station.

The City has contacted several refuse haulers in the area who are interested in collecting refuse, recycling and bulk items on a private basis. The City has not negotiated a price for this service and is not recommending a particular hauler.

Gardner Disposal: (585) 343-4626
Genesee ARC: (585) 343-1123 or 585-343-4203
PSI Disposal, Inc.: (585) 599-3255
Waste Management, Inc.: (800) 333-6590

Transfer stations to drop off refuse, recycling and bulk items:

Scofield Transfer and Recycling: (585) 343-7373
Town of Batavia Transfer Station: (585) 343-1729

Chelsea Darnley Emondt-Fauel is missing, according to Batavia PD.

Chelsea is considered a runaway and was last seen yesterday at Batavia Middle School. She may still be in the local area or may have gone to Buffalo or Niagara Falls.

The 13-year-old has brown eyes and brown hair and is 5' 6" and 145 lbs.

Anybody with information that might help police locate Chelsea is asked to call Batavia PD at (585) 345-6350.

CLARIFICATION: Regarding the headline and the item below: The GCEDC board approved the COR project being set for a public hearing, but its project has not yet received final approval.

COR Development Company, owners of property at 4180 Veterans Memorial Drive, Batavia, is planning a $4.5 million investment in the former Lowe's location for renovation, adding space and retrofitting the existing structure. The renovations will pave the way for one or more retailers to lease the space. Total tax incentives: $1,052,104. The project is part of Town Center Batavia, which is 350,000-square-feet of "destination retail space," according to the Genesee County Economic Development Center's release. In 2007, COR received incentives to build the project. The former Lowe's location is currently 138,778 square feet. Under the proposal, COR will receive $180,000 in sales tax exemptions, a $43,750 mortgage tax exemption and a $828,390 property tax exemption on the increased assessment value of the property. COR projects 120 new retail jobs as a result of the project.

Batavia Showtime, 6 Alva Place, Batavia, is planning a $52,200 investment for the purchase and installing of a digital movie projector. Batavia Showtime is approved for a $4,176 sales tax exemption on purchase of the projector. GCEDC's release states that the board is looking to assist in the project because it qualifies as a tourism destination and provides a service to the area, being the only local movie theater, that would not otherwise be available. The theater was in danger of closing prior to Batavia Showtime purchasing the facility. The owner is planning upgrades beyond the purchase of the digital projector. An estimated three new jobs will be created and four jobs retained.

Le Roy Plastics, 59 Lake St., Le Roy, is planning a $885,000 investment for the consolidation of all operations and processes into one facility. The company plans to renovate portions of the new facility and purchase furniture, fixtures and equipment. The GCEDC board approved $43,931 in tax abatements for the project, including a $24,800 sales tax exemption, $9,063 mortgage tax exemption and a $10,068 exemption on property taxes above the current assessed value.

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) expressed his dissatisfaction with the bulk of the 2013-14 state budget, stating that many aspects miss the mark on critical issues. Hawley decried the decision to sweep $1.75 billion from the State Insurance Fund back into unrelated spending rather than refunding employers who overpaid for Workers’ Compensation premiums. The assemblyman also opposed irresponsible measures like funding for the SAFE Act, devastating cuts to programs for people with developmental disabilities, and the extension of the energy tax.

“While there were some bright spots, the bulk of this budget falls short on many critical issues,” Hawley said. “Our families are hurting and our businesses are so overtaxed that they cannot create the jobs New Yorkers need, yet rather than delivering cost relief, this budget repeats the same tax-and-spend mistakes of old.

"Not only does this plan rely on ill-conceived revenue streams like the energy tax to fund unnecessary programs like the SAFE Act, but it fails to support programs for the developmentally disabled, which is an affront to these individuals and their families who need and deserve our help. All of this lands on top of a disastrous tax increase of at least $9.4 billion over the next five years. Unfortunately for New Yorkers, this budget flies in the face of the success we’ve seen over the last two years, and that’s why I opposed the majority of this plan.”

Hawley took particular exception to the extension of the 18-a utility tax, a surcharge passed in 2009 that was scheduled to sunset in 2014. The assemblyman advanced a budget amendment to repeal the fee and also sponsored Assembly Bill 382, which would have rescinded the tax as soon as it was enacted. The newly adopted budget extended the fee, which will cost families and businesses $1.7 billion over the length of the four-year extension.

“The amendment I advanced to repeal this tax would offer immediate relief for our families and businesses from burdensome electricity charges,” Hawley said. “This tax hurts all New Yorkers from Upstate to Downstate, families to businesses, low-income earners to high earners and everyone in between. If we really want to deliver the promise of a ‘New New York,’ we cannot continue this taxation without realistic, reasonable and responsive representation.”

The story this morning of an inmate who died while in Genesee County Jail custody had a familiar ring to it for a local man who spent four months in the jail back in 2001.

After developing apparent health problems, it took the Batavia resident days to get in to see a nurse, he said, and then she told him he had hemorrhoids and sent him back to his cell.

Days later and after more complaints, she saw him again and gave him suppositories.

After a month of illness and little to no treatment by jail staff, the man said, he collapsed on the jailhouse floor and was taken by ambulance to UMMC.

There, Dr. Bernard Asher found that he had advanced colitis and would soon lose his colon without proper treatment. He was transferred to ECMC for acute hospital care.

The local resident asked that we not use his name to protect his privacy, but he provided us with documentation to support his claim (PDF).

He said he came forward not because he's looking to embarrass anybody at the jail or in the Sheriff's Office, but he just thought people should know what he went through in light of the report on Nikko Gambino's death.

"I'm just saying something like this happened," the man said. "I was diagnosed the wrong way. It wasn't right, but I don't want to get back at them right now."

A year ago, the man spent two weekends in jail on a second-degree harassment charge (he sent a couple of text messages that he shouldn't have sent, he said) and said the same nurse that he saw in 2001 was still working at the jail.

In 2001, the man was jailed on an attempted burglary charge, which stemmed not from a theft case, but because he entered the dwelling of his ex-wife and child without permission, which was a violation of a court order.

"It was a domestic case," he said. "I was young and stupid and chasing love, or what I thought was love."

He eventually spent 20 months in state prison and was on parole for three years.

He said when he saw the Gambino story, he thought, "Man this is crazy and I know what it's like. I'm sure they didn't give him the treatment he needed."

He said he's seen correction officers deny some inmates a chance to see a nurse.

"I'm never a jerk and I understand COs are just doing their jobs," he said. "Other inmates, if a CO had a problem with them, the person wouldn't get to see a nurse.

"I think if you want to see a nurse, you should be able to see a nurse -- to see if you have a problem," he added.

The former inmate said his symptoms during the month prior to his hospitalization included a 40-pound weight loss, severe abdominal pain, blood in his stool and the loss of a lot of blood, yet he was only allowed to see a physician after he collapsed from not eating or drinking and all the pain.

He said if he'd sued back then, maybe he could have saved a life.

"I met with Charlie Mancuso," he said. "We talked about it. He was going to file a suit, but he never did and then he passed away. I never pursued anything (after he passed)."

Sheriff Gary Maha is not familiar with this particular case at this point, but he would look into it if the man would come forward and talk with him. He said everything is documented and he would investigate the complaint if given more information.

We asked Maha if he's received complaints outside of this case and the Gambino case from inmates who say they're not getting proper medical care.

"You always get complaints," Maha said. "They feel they want the best surgeon in the State of New York and the taxpayers are supposed to pay for it. That’s not the case. We give them whatever services are needed and prescribed by the doctor. If you come into the jail and say you need a new pair of glasses, we’re not going to give you a new pair of glasses unless a doctor says you need a new pair of glasses."

Maha said it costs taxpayers about $200,000 a year to provide medical care to inmates at the Genesee County Jail.

"Everyday people come through there who abused drugs or have mental health issues," Maha said. "It’s a difficult population to deal with and it’s a costly population to deal with. It’s something we try to manage as best we can."

Following the Gambino case, Maha said he met with the jail staff and Director Ed Minardo and new procedures and protocols have been developed.

All opiate use and withdrawal cases are monitored now on a daily basis, he said, and all medical procedures have been examined and updated.

He said he is confident in the skill and training of the jail's medical staff.

"They’ve been around a long time and they've been in business a long time," Maha said. "Thye’re a good staff. Again, we have to update the protocols, but they give a lot better care to an inmate in the jail than they would get on the street, I can tell you that."

UPDATE: Looking back over things this morning, I feel I should note that Dr. Asher's note contradicts the recollection of the source in two ways. The health issue was ongoing for two months before Dr. Asher saw the patient, and Dr. Asher notes that the patient additionally received two visits to the ER, which also failed to lead to a diagnosis of colitis.

UPDATE: The source explains, he doesn't think it was a whole two months, but it may have been longer than a month. His two trips to the ER occurred after his mother contacted his primary care physician and the physician requested the visits, he said. He also confirmed he believes he was misdiagnosed at the ER on those two visits.

Joseph Joy, seated, was honored at the New York State Veterans Home this morning by the American Legion for his 70 years of membership in the veterans' organization. Joy is a veteran of World War II. Members of the Glenn Loomis Post who attended were Tom Williamson, left, Paul LaValley, Jim Nieder, Post Commander Ron Konieczny, County Veteran Services Officer William Joyce and Bernie Staats.

The Genesee County Jail medical staff is being accused of mishandling the medical needs of an inmate going through narcotics withdrawal prior to his death while in custody in July.

Nikko C. Gambino, 42, was originally arrested for impersonating law enforcement officers. He was later accused of smuggling drugs into the jail while on weekend incarcerations.

The NYS Commission of Correction investigated Gambino's death and a report obtained by the Democrat and Chronicle through a FOIL request is critical of jail medical staff.

Specifically, nurses who allegedly missed “florid signs and symptoms of worsening acute withdrawal."

A nurse reportedly refused Gambino his prescribed medication during his weekend incarcerations.

According to the D&C story, Gambino, as a consequence, suffered tremors, sweats, hallucinations and delirium, but nursing staff allegedly failed to recognize the signs of withdrawal and the need for medical attention.

Gambino's family has reportedly filed a lawsuit against the county over his death.

The Batavian requested a statement from Sheriff Gary Maha about the report, but he has been in meetings all morning and has been unable to respond.

UPDATE 2 p.m.:  Here is a statement from Sheriff Gary Maha on the report:

Sorry for the delay in responding. I have been in meetings since early this morning. I really can't comment too much with regard to the Commission of Correction report as a lot of it deals with the medical condition of the inmate. However, we disagree with several portions of the report. It is easy to Monday morning quarterback situations such as this and the Commission is known for criticizing jails and jail staff whenever there is a death in a jail. We do not agree with Commission use of such verbiage as "gross incompetent" and "gross negligence" as they describe the actions of our medical staff. Our medical staff is not incompetent and did not act with gross negligence. This is the Commission's language and is not based upon any determination of fact. Mr. Gambino was a drug user and abuser which also, in my opinion, played a part in his death. The time period from when jail staff saw Mr. Gambino, where he appeared to be okay, to the time he was found unresponsive was only approximately twenty minutes.

We did receive the preliminary report from  the Commission back in December 2012 and shortly thereafter I met with my Jail Superintendent and Medical Staff to discuss the content of the report. We did implement some of the recommendations outlined in the report and are in the process of reviewing and upgrading all of our medical standards.

For previous stories about Gambino, click here.

Press release from Empire State Development:

Western New York Science, Technology and Advanced Manufacturing Park – Priority Project (Finger Lakes Region – Genesee County) – Grant - $500,000; Loan $1,100,000

Designated a Priority Project by the Finger Lakes Regional Economic Development Council, the Western New York Science, Technology and Advanced Manufacturing Park (STAMP) will create significant opportunities for semiconductor, flat panel display, photovoltaic, and bio-manufacturing projects.

The Genesee Gateway Local Development Corporation (GGLDC), which serves as the recipient of ESD’s grant and loan, was established in 2004 to handle industrial park development and serves as a conduit for assistance to private companies. Since its inception, GGLDC has completed five park developments across Upstate New York – each of which have infrastructure completed and are able to accommodate new business developments.

In 2005, GGLDC identified a market need to develop a much larger park than those previously developed. Such a mega site, of at least 1,000 acres, would seek to attract a large-scale advanced manufacturing project. GGDLC identified a site in the Town of Alabama, and since 2008 has expended several million dollars for preliminary multifaceted feasibility studies, completed an Environmental Impact Statement, and conducted community outreach and began to acquire property. In order to continue developing STAMP as New York State’s third mega site, ESD is providing a grant of up to $500,000 and a loan of $1.1 million to assist in the purchase of 364 acres of land at the site for the next phase of development.

GGDLC currently owns 143 acres with the option to purchase another 1,073. This real estate transaction will allow for design, engineering and construction for the initial infrastructure at the site, which will be completed by the end of 2014.

This project will position Western New York State as a hub for advanced technology manufacturing and spur significant regional economic growth. There is potential for up to 1,200 jobs at the STAMP site by 2016, and over 9,300 projected jobs at full build-out in 2032.

Juliette Anne Moore, 33, of Wayne Street, Lancaster, is charged with criminal use of drug paraphernalia, criminal possession of a weapon, 4th, and unlawful possession of marijuana. Moore was arrested on a warrant following her release from the Erie County Jail on a unrelated matter. Moore was arraigned in Town of Batavia Court and released under supervision of Genesee Justice.

Jamie Lynn Edenholm, 25, of Gabbey Road, Pembroke, is charged with unlawful possession of marijuana. Edenholm was arrested Wednesday. No further details were released.

Eldon Javier Ortiz, 18, Buell Street, Batavia, is charged with petit larceny. Ortiz is accused of shoplifting at Kmart. Arrested at the same time on the same charge was Phillip Matthew Boyd, 18, of Redfield Parkway, Batavia.

Route 20 was shut down for a time early this morning after a DOT truck driver reportedly fell asleep at the wheel and his truck collided with a tree near Brookville Road, Alexander.

The accident was reported at 2:06 a.m.

The driver, Thomas D. Drumstra, of Brookville Road, Alexander, was not injured and no other vehicles were involved.

Alexander Fire Department responded to the accident.

Drumstra was driving at 2003 International dump truck registered to the NYS Department of Transportation, according to a Sheriff's Office accident report.

No citations were issued.

The accident was investigated by Deputy James Diehl.

While the month of March has hardly been spring-like, Tuesday's weather brought forth an abundance of woodpeckers, songbirds and bushytails in the small woodlot that borders our property. And with the emergence of foliage yet a long way off, conditions were ideal for taking their picture.

First on the scene was this female cardinal. In the soft light of early morning and still plenty of chill in the air, she forages along the ground and spots remnants of last year's seed. 

As the sun climbed higher more birds arrived, like the downy woodpecker pictured above and in the top photo. The "downies" were difficult to capture with the camera, as they kept rapidly flitting about, from tree to tree and branch to branch.

It was only a matter of time before the red squirrel population was heard from. On this day there were several working the same area. This one stopped briefly on the trunk of an aged cottonwood.

From an adjacent walnut tree, this red-bellied woodpecker seems to be sizing up the main trunk of the cottonwood and, with the red squirrel present, weighing its options.......

and then deciding to go for it.

A lone gray squirrel showed up -- even with the red squirrels in close proximity.

Despite the chill in the air and patches of snow on the ground, between the blue sky and the arrival of some furred and feathered friends, it was a good day.

Emergency dispatchers helped Lt. Greg Steele celebrate his retirement from the Batavia Police Department overnight with a cake.

Submitted photo.

New York Times: U.S. Sends Stealth Bombers Over South Korea in Practice Run