batavia

Batavia PD is looking for the public's assistance in identifying a man who is suspected of stealing more than $350 of Allegra from the CVS pharmacy on West Main Street.

The larceny took place today a little before noon.   

The suspect was last seen getting into the passenger seat of a white-colored SUV. It left the area heading westbound. 

If anyone recognizes the person pictured, please notify investigating Officer Nicole McGinnis by calling (585) 345-6350.

Press Release

The City of Batavia announces the appointment of Erik Fix to the position of Assistant City Manager for the City of Batavia.  Fix was selected following an extensive search for candidates and active recruitment campaign.  Erik will assume his new role on Monday July 25th, 2022.

A Batavia native and life-long Genesee County resident, Fix holds a Bachelor of Science Degree from Roberts Wesleyan College in Organizational Management.  He is currently serving as the President of the Chamber of Commerce for Genesee County.

Fix has served the City during the Police Reform Stakeholder meetings as a moderator guiding the City management, police department and residents through a comprehensive review of the departments current policies, training and procedures. He currently serves as a board member of the Genesee County Youth Bureau, the United Memorial Medical Centre Foundation, Genesee County Business Education Alliance, a member of the Batavia Rotary Club, and GLOW YMCA G-Force New Facility Planning Group. 

He also served as a member of the Local Planning Committee for the Downtown Revitalization Initiative (DRI) and continues to support tourism and economic development in the City of Batavia. 

“Erik and I have known each other on a professional level for over a decade and I am thrilled that he wants to work for the City of Batavia and focus on housing and neighborhood issues in his new role as Assistant City Manager.  He will be responsible for creating and implementing a new Neighborhood and Housing Transformation Initiative, community development, assisting with flood plain management, risk management, cultivating organizational values, public relations and information technology,” said Rachael J. Tabelski, City of Batavia City Manager.

Fix is a 2009 graduate of Leadership Genesee where the class choose him and Tabelski to be the designated speaker at the graduation ceremony. 

Erik’s current position with the Chamber of Commerce has given him knowledge in the principals and practices of local municipalities.  He has the ability to lead teams, execute on high-impact projects, and recognize the global impact of decisions on the community and region as a whole. 

Erik, a graduate of Alexander High School, is currently the Assistant Swimming and Diving Coach of the Byron-Bergen Central School and lives with his family in the Village of LeRoy.  He lives with his wife, Susan and his three sons Brady, Jackson, and Carter.

Photo: File photo from 2017

A deeper dive may be needed for a Jackson Square project that's already gone out two times for bids, City Manager Rachael Tabelski says.

She had recommended Monday that City Council vote to rescind a bid from Mark Cerrone Inc. due to the company’s last-minute revision of its original low bid of $654,000. After all, bids were received and council agreed to award Cerrone with a contract, the Niagara Falls-based company hiked its bid up to $847,950.

That move didn’t exactly seem kosher to Council President Eugene Jankowski.

“Is that even legal,” he said, addressing City Attorney George Van Nest. “We certainly have a lot of concerns with the communication that took place … there was some back and forth between the architects and the city, and contractor. At this point, we have a new contract. I’m just trying to get educated here for the future. It almost appeared that once they brought out their bids, then they mysteriously appear to be just under the next bid. Once someone bids, that’s it.”

Van Nest agreed.

“In general, I’d say that’s accurate,” he said. “There are some other nuances with this. Just to be clear, you’re not rejecting Mark Cerrone Inc’s bid; you’re rescinding that bid and rejecting the other two bids.”

Council agreed to move the item to the business meeting that would follow. The council later unanimously voted to rescind Mark Cerrone Inc’s bid due to "failing to honor" the original bid of $654,000 and reject the other two from Scott Lawn Yard, with a bid of $870,000, and Whitney East with a $1,002,800 bid.

An architect had originally recommended that council approve a contract award to Mark Cerrone Inc. for construction enhancement of Jackson Square. That bid would have included an alternative plan that would add about $31,000 for a total bid of $685,500.

However, once the city agreed, the contractor “refused to proceed with the project as bid, claiming significant mistakes and the need to adjust the contract price,” according to Director of Public Works Brett Frank.

The Batavian reached out to Senior Project Manager Jeff Salvatore of Mark Cerrone, Inc. earlier Monday for comment about the revised bid and council’s impending decision to rescind it. Salvatore offered “no comment.”

The project is to be primarily funded with a $750,000 Downtown Revitalization Initiative grant, plus $225,000 from National Grid, Tabelski said.

“When we go out for bid, they look at the scope of work, and they put a price to that with the materials and the labor … so it necessarily doesn't always line up with the budget we have,” she said to The Batavian. “So we will be re-examining our bid specifications to make sure we think that pricing can come in within that.”

She was hopeful that a contractor with an acceptable bid can be approved within the “next few months.” That leaves the door still open for a construction start date this fall or winter, she said.

“But we do want to take a deeper dive at the design of it. Because this is the second time it's been bid out,” she said. “So yeah, we have some review work to do internally. Construction projects can certainly start in the fall. But again, we'll have to analyze when; it could technically happen in 2022.”

Illustration: File photo. One of the architectural renderings for the proposed redesign of Jackson Square.

A new management company for the city’s ice arena is expected to come before City Council for vote at its meeting next month.

A number of submissions had been received during the city’s request for proposals process, and it’s likely that one company will be selected, City Manager Rachael Tabelski says.

“We received responses back. And we have worked on scoring them and we're looking to get under contract with one management company by the July 11 meeting,” she said during an interview Monday evening with The Batavian. “That would be a full lease agreement with a new management company for the rink.”

She couldn’t name the company due to being in progress with finalizing a contract, Tabelski said. The new prospective company, if approved by council next month, will take over management operations of the David M. McCarthy Memorial Ice Arena on Evans Street. Former company Firland Management did not renew its contract, which is to expire on June 30.

2022 File Photo of a dedication ceremony of the David M. McCarthy Memorial Ice Arena in Batavia. Photo by Howard Owens.

Brianna L. Way, 31, of Batavia, is charged with assault 3rd and endangering the welfare of a child. Way is accused of punching and kicking a nine-year-old child causing an injury, shoving the child's head as punishment, and forcing the child to watch a TV-MA documentary about child murder titled “The Trials of Gabriel Fernandez” while telling the child that it could be him. Way was arraigned in City Court and released on her own recognizance. An order of protection was issued.

Jordan Taylor Reese, 30, of Ford Road, Elba, is charged with endangering the welfare of a child and criminal mischief.  Reese is accused of injuring a child during an incident at 6:48 p.m., June 22, at a residence on Ford Road, Elba. Reese was arrested by Deputy Ayrton Blankenberg, was arraigned in Town of Batavia Court, and released.

David John Chormanski, 42, of Mechanic Street, Byron, is charged with criminal mischief and endangering the welfare of a child. Chormanski allegedly damaged property of another person during an argument in the presence of a child at 5:03 a.m., June 21, at a location on Mechanic Street, Byron. Chormanski was arrested by Deputy David Moore, arraigned in Town of Le Roy Court, and released on his own recognizance.

Brian Joseph Crawford, 48, of Independence Drive, Methuen, Mass., is charged with DWI and driving with a BAC of .18 or greater. Crawford was stopped at 12:59 a.m., June 20, on West Main Street Road, Batavia, by Deputy Morgan Ewert. He was released on appearance tickets.

Marvin K. Barber, Jr., 37, of Lackawanna, is charged with harassment 2nd, criminal possession of a weapon 4th, criminal possession of a weapon 3rd, menacing 2nd, and grand larceny 4th. Batavia police officers were dispatched to a report of a disturbance at 8:30 a.m., June 22, on Lewis Place, Batavia. Following an investigation, and making contact with Barber, who had left the scene, Barber turned himself in to police custody. He was arrested and arraigned in City Court and ordered held in the Genesee County Jail.  

Andrew J. Draper, 43, of Batavia, is charged with criminal mischief 4th. Draper is accused of damaging property at a residence on Miller Avenue during an argument at 9 a.m., June 17. He was arraigned in City Court and released.

Andrew J. Draper, 43, of Batavia, is charged with driving while under the influence of drugs and aggravated unlicensed operation 3rd. Following an investigation, Draper was arrested on June 17 for an incident reported at 10:53 a.m., May 14, on Ellicott Street, Batavia. Draper is accused of driving while impaired by crack cocaine. Draper was issued traffic tickets and released.

Andrew J. Draper, 43, of Batavia, criminal contempt 1st and harassment 2nd. Draper is accused of violating an order of protection by striking another person during a disturbance reported at 1:17 p.m., June 17, at a location on West Main Street, Batavia. Draper was arraigned in City Court and released under supervision.

Dorsie McGill, Jr., 37, of Batavia, is charged with DWI, driving with a BAC .08 or greater, resisting arrest, and using a mobile phone while driving. McGill was stopped at 8:39 a.m., June 18, on East Main Street, by a Batavia patrol officer. McGill was processed at BPD and released on an appearance ticket.

Ledaga K. Wright, 31, of Batavia, is charged with burglary 2nd, criminal mischief 4th, and criminal tampering 3rd, Wright is accused of causing damage inside apartment on June 15 on Holland Avenue. He was arraigned in City Court and released on his own recognizance.

Latoya D. Jackson, 36, of Batavia, Jackon is accused of threatening to fight multiple people during a disturbance on State Street at 8:18 p.m., June 20. Jackson was issued an appearance ticket.

Nick A. Hawkins, 38, of Batavia, Hawkins is accused of threatening another person during a disturbance on State Street reported at 8:18 p.m., June 20.  He was issued an appearance ticket.

Daniel R. Yates, 52, of Batavia, is charged with criminal tampering 3rd and criminal mischief. Yates is accused of damaging property inside Tops Market at 7:52 p.m., June 17. He was issued an appearance ticket.

Maurice D. Bishop, 36, of Rochester, is charged with criminal contempt 2nd. Bishop was arrested on a warrant related to an incident reported at 1:10 a.m., Oct. 12. Bishop was arraigned in City Court and released under supervision. A stay-away order of protection was issued.

Press release:

New York Bus Sales broke ground on a $4.5 million multi-use 20,000 sq. ft. facility today at West Saile Drive and Call Parkway in the town of Batavia. The facility will include office and training space and repair and storage areas.  It is intended to support school districts and bus operators across Genesee County and the Western New York and Finger Lakes regions convert their fleets from diesel fuel to all-electric.  The project has also pledged to create 24 full-time jobs.

Based in Chittenango, New York Bus Sales is one of the largest Blue Bird school bus dealers in North America. The company’s facility will service customers, including school districts to help transition their bus fleets from diesel fuel engines to all-electric bus fleets. New York has mandated that the approximately 50,000 school buses in the state by 100 percent electric by 2035.

“New York Bus Sales is excited to be leading the charge on school bus electrification in New York State and truly appreciates everyone at the Genesee County Economic Development Center and National Grid for helping make this first-of-its-kind project a reality,” said Sean Finnerty, President, New York Bus Sales.  “As the state begins converting its school bus fleets to all-electric, New York Bus Sales is proud to be at the forefront of this very exciting journey and looks forward to helping school districts across Western New York make the transition to all-electric school buses.  Genesee County’s favorable business climate and its central location between Buffalo and Rochester made Batavia an ideal location for our new facility.”

The GCEDC board of directors approved a request by New York Bus Sales for approximately $400,000 in incentives and National Grid assisted in the installation of charging stations and technology as part of the company’s DCFC Per-Plug Incentive Program.

“New York Bus Sales is yet another project as part of the emerging green economy in Genesee County as evidenced by the current construction of Plug Power’s green hydrogen facility at STAMP, the opening of a research and development facility for more efficient and renewable wind turbine bases in Bergen, and various solar projects across the county as well as other projects in the pipeline,” said GCEDC President and CEO Steve Hyde.

“Our Make-Ready Program provides a range of technical assistance and funding for electric vehicle charging projects across our upstate New York service territory,” said National Grid Regional Director Ken Kujawa. “Working with New York Bus Sales is a great example of a company making a commitment toward innovation and sustainability while reducing greenhouse gas emissions while supporting New York State’s climate emission mandates.”

One of the first electric school buses will be delivered this summer to the Lake Shore School District in Erie County. The school district received funding from the Truck Voucher Incentive Program through NYSERDA. Electric buses are nearly identical to diesel engine buses, with the new EV vehicles have a quieter engine along with more technological capabilities and most importantly, significantly reducing emissions.

Top photo: Ken Kujawa, WNY regional director for National Grid, Greg Post, Town of Batavia supervisor, Shelley Stein, chairwoman of the Genesee County Legislature, Assemblyman Steve Hawley, State Senator Ed Rath, GCEDC CEO Steve Hyde, and John Johnston, VP of New York Bus Sales. 

Photos by Howard Owens

Steve Hyde

John Johnston

Greg Post

Shelley Stein

The failure of insurance companies to fully reimburse pharmacies for the full cost of prescription drugs has cost the City of Batavia its only independently owned pharmacy.

Alberty Drug Store, operating locally since 1922, won't see its 101st year in business, confirmed co-owner Christopher Casey this morning.

Starting this week, it's only open to fill prescriptions. All other retail items have been removed from the store.  The drug store will continue to fill prescriptions until sometime in July.  Prescriptions will be transferred to another pharmacy though customers can choose their own pharmacy if they prefer.  They will need to make their own arrangements for the transfers. The negotiations with other pharmacies to accept the prescriptions is ongoing.

"This is not a decision made lightly," Casey said."But a decision was made because of profitability and lack of profitability, filling an Eliquis prescription for the cost $500 that insurance reimburses six weeks later for $475. That's been the trend that's been going on for several years."

Independent pharmacies have also been hurt because a Rochester drug co-op has closed and that removed the rebate structure that helped locally owned shops.

"That money has been gone for four or five years," Casey said. "That's money that we used to go into the bottom line. So in essence, it makes it unfortunately unprofitable."

The 66-year-old Casey started in the pharmacy business when he was 13 and has owned five pharmacies during his career.

Casey and his son Kevin Casey also own and operate a pharmacy in Victor.  There are no plans currently to close that pharmacy but Casey said there was no problem with the business volume at Alberty.

"If you're losing money, you don't make it up in volume," Casey said. "And that's really the case. There are some things we'd make some money on, but pharmacies basically make it on the difference between the cost and what's paid. And that's dictated unfortunately by insurances. There's really no ability to negotiate with insurances."

So there’s some good news and some bad news about Fourth of July festivities this year. While there don’t seem to be too many local events taking place on the actual day, including the long-standing Picnic in the Park, (the bad news), there are plenty of activities during the long weekend leading up to the patriotic holiday.

That should be good news for anyone interested in baseball, fireworks, live music, cultural and artisan entertainment, a road race and the camaraderie that naturally accompanies family and friends gatherings.

Friday, July 1
First up is the Old Hippies from 7 to 9 p.m. Friday in Jackson Square (between Jackson and Center streets, Batavia. You should know the drill by now: bring a lawn chair, relax and enjoy. Across town will be a Muckdogs game at 7:05 p.m. at Dwyer Stadium. In addition to swing-batter-swing, there will be fireworks following the game.

Or how about “Get(ting) the Led Out” at Batavia Downs Gaming, where a Led Zeppelin tribute band takes the stage at 5 p.m. trackside. Click here for tickets

Josh Groban will be taking the stage at 7 p.m. at Darien Lake Performing Arts Center, 9993 Alleghany Road (Route 77). For tickets, go here 

Restaurants are also planning to provide some live music for patrons, including the Red Osier on Route 5 in Stafford, and Center Street Smokehouse on Center Street in Batavia.

Saturday, July 2
From 6:30 to 10 p.m., the Sinner Band will be at Jam at the Ridge, 8101 Conlon Road, Le Roy.  Click here for tickets

Saturday will also bring the family fun all day and night long with the Batavia Ramble Explore Arts & Music Fest downtown in Jackson Square. Live bands, cultural dances, hands-on artist crafts, and more will run from 10 a.m. to 9 p.m. For more details, see prior coverage here 

Big Time Rush Forever Tour is set for 8 p.m. at Darien Lake Amphitheater at Six Flags Darien Lake Theme Park. For tickets, go here

Public Water Supply will have the music flowing from 8:30 to 11 p.m. at Cherry Hill Campground, 1516 Sumner Rd Darien Center. For more information, go to https://www.facebook.com/CherryHillCamp/

Sunday, July 3
Sunday will feature another Muckdogs home game at 7:05 p.m. at Dwyer Stadium, complemented by a nightcap of fireworks. For more information or tickets, go to Muckdogs. 

Backstreet Boys: DNA World Tour is slated for 7:30 p.m. at Darien Lake Amphitheater. Click here for tickets 

Monday, July 4
Holiday? What holiday? Lace-up your sneakers for a little early morning exercise before firing up the grill and enjoying picnic treats. You’ve got a week to prepare for the annual Kiwanis Club Independence Day 5K, set for 9 a.m. July 4 at Centennial Park.

The annual fundraiser is back on the road this year, after a temporary pandemic virtual option, says club member Dave Chua. For those runners not willing or able to take on the morning 3-mile jaunt, there will be a virtual option again this year, Chua said.

Runners will be helping Kiwanis Club raise money for the Autism Nature Trail and Batavia City School District Foundation.

As for no Picnic in the Park, Chua didn’t think that would impact the number of participants in the 5K, especially since the event has always wrapped up before the picnic festivities began anyway. It will mean, however, the rental and expense of port-a-potties. Participants have previously been able to use the ones already put in place for the picnic, he said.

This year’s race is going with a new timing company, Spirit Timing, which seems to be well-organized, he said. As part of that change will be fewer paper registrations versus online. There will also be a phone app to register that way ahead of time or while standing in line that morning as a day-of registrant.

Those that do register ahead of time are pretty much guaranteed a T-shirt with the official race logo, and all runners will get a bib with the timing chip on race day. Fees are $25 for each of the July 4 and virtual races.

Packet pick-up (and pre-registration) will be at 5 p.m. Sunday, July 3 at Batavia’s Original, 500 East Main St., Batavia. For more information, go to Batavia Kiwanis 5K

With all of the construction and a one-way Park Road along Batavia Downs Gaming, there won’t be any fireworks at the site this year, marketing director Ryan Hasenauer said. He recommends checking out the Friday concert as part of the Rockin' the Downs series, above.

Godfrey’s Pond is hosting a fun, members-only parade on July 4, complete with decorated bikes and golf carts. A step out of the county will find Genesee Country Village & Museum with a good old-fashioned Independence Day celebration from 10 a.m. to 4 p.m. in Mumford. For more information, go here.

Her daughters deserve a choice when they're old enough to make big decisions for themselves, said Michelle Kozak at an abortion rally outside Batavia City Hall earlier this evening.

"I believe that their rights matter and my rights matter," Kozak said. "Their lives matter and they might need an abortion someday, medically or even if they just want one, and they deserve that choice."

About 200 people turned out for the rally by 5:30 p.m. (it was scheduled to run until 7 p.m.)

The event was organized by the Genesee County branch of the DSA (Democratic Socialists of America), GLOW Women Rise, and Genesee County Democrats. 

Dorothy Avery, known as "Cricket" to her friends, president of GLOW Women Rise, said a protest against the Supreme Court overturning Roe v. Wade on Friday sends the wrong message, the message that women can be treated as second-class citizens and can't make decisions about their own bodies.

It's an important message, she said, because, even though abortion within the first 24 weeks of pregnancy is statutorily protected and the law isn't likely to be overturned, nothing can be taken for granted, Avery said.

"I don't know if we can say that it's never going to be overturned. I think over the last five or six years, we've seen a lot of things happen that we thought never could happen," Avery said. "So I don't think we can become complacent. And I also think it's good to let the elected officials in our area know that not everyone is conservative and that there are a fair number of people that don't agree with all of the conservative policies. And I actually think this is one issue that does cross party lines. This is about women. It's about lives. It's about control. And I think it really does cross party lines."

The rally comes at a time after a two-year pandemic that kept some political groups, like GLOW Women Rise, from holding public events.  Avery said she saw the ruling as an opportunity to re-energize the organization.

"This just came about, actually,  because Gina (Schelemanow) from the Democratic Socialists of Genesee County really lit the fire under me," Avery said. "I think we do become complacent and she said, 'Come on, shouldn't we do something and let people know that we care about this?' And I said, 'Absolutely.'"

Friday's ruling in Dobbs v. Jackson overturned the court's 1973 ruling in Roe v. Wade. The new ruling returns abortion legislative power to state governments.

The decision upholds Mississippi's prohibition on abortion after 15 weeks of pregnancy and also allows each of the 50 state governments to decide its own abortion laws.

In New York, access to abortion procedures is already statutorily protected, allowing for abortions within the first 24 weeks of pregnancy and after 24 weeks only if the mother's health is jeopardized or the life of the child in the womb isn't viable. 

There were no counter-protesters present at the rally during the time The Batavian was at City Hall, though an organizer walked through the assembly at one point and advised participants that if counter-protesters did show up, rally members shouldn't engage with them but, rather, ignore them.

During the half-hour The Batavian was at the rally, numerous vehicles drove by with the drivers honking their horns in apparent agreement with rally participants. At least, every honking horn was met with a big cheer from the participants.

Top photo: Michelle Kozak with her daughters Julia, 4, and Frannie, seven months.

Photos by Howard Owens.

A "Rally For Abortion Rights" has been announced for 5 p.m. today at City Hall.

The event is being organized by the Genesee County branch of the DSA (Democratic Socialists of America), GLOW Women Rise, and Genesee County Democrats. 

The rally comes in the wake of the Supreme Court decision handed down this week in Dobbs v. Jackson overturning Roe v. Wade and returning abortion legislative power to state governments.

The decision upholds Mississippi's prohibition on abortion after 15 weeks of pregnancy but also allows state governments to decide on each state's abortion law.

In New York, access to abortion procedures is already statutorily protected, allowing for abortions within the first 24 weeks of pregnancy and after 24 weeks only if the mother's health is jeopardized or the life of the child in the womb isn't viable. 

This evening's sunset as viewed from South Main Street Road over the Tonawanda Creek, Batavia.

Photo by Howard Owens.

Mark Volpe loved nature, and as that became apparent to CEO Jim Campbell, Campbell gave him a job only suitable to a conservationist -- manager of the private nature preserve behind the Chapin Manufacturing factory on Ellicott Street in Batavia.

Volpe worked for Chapin for 35 years with much of that time dedicated to the care and maintenance of the 70-acre preserve. He died in November 2018.

In addressing visitors at the conservation area Friday, Campbell stressed the importance of staying on the marked trails while explaining the slice of nature Volpe tended.

"This 70 acres encompasses meadows, hardwood forests, lowlands, wetlands, and actually open water," Campbell said. "It's quite a diverse ecosystem."

Volpe's dedication to the preserve was marked today with a ribbon-cutting by his widow Louise Volpe on a bridge that now ties together the east side and the west side of the property. 

Volpe's children and grandchildren were also present to walk with Louise across the bridge for the first time.

"He just enjoyed coming out here," Louise said. "I would come out here with him. He loved nature, the earth, and everything about it. He was just that kind of person who is an outdoorsman. He loved it. That's why he jumped at the opportunity to take over out here when Jimmy asked him, so I think that was kind of special what Jim did."

The bridge was actually Mark Volpe's idea.  The property is divided by a wide, shallow stream, so to access the conservation area, one would have to come in either from the east or west side and not be able to cross over.

"Mark did plan this before his passing," Campbell said. "He was working with his good friend Jeff McGivern. Jeff and his crew actually built this bridge. This bridge is actually a repurposed dragline. For those who don't know what a dragline is, it's really like a big crane. This was the boom of a dragline that Jeff repurposed. It's 110 feet long. Maybe it doesn't look that great, but it actually can hold probably about seven or eight tons. So it's very safe."

Mark's brother is John Volpe, who is also active locally in environmental causes.

Volpe's daughter Melissa Miller closed the private ceremony with a thank you message for Campbell and everybody at Chapin.

"We would like to thank everyone at Chapin's who created this memorial in honor of my dad," she said. "As you all know, he devoted his life to his family and his job here at Chapin's. He also had many hobbies and activities that he loved. One of his favorites was spending time outdoors with nature. He was extremely passionate about it and found profound meaning in all things relating to nature. We are extremely grateful and honored that you are remembering him in such a beautiful and special way in a way that embodies who he truly was, and in a place that he loved so much. This tribute means so much to all of us. And I know my dad would be honored and so happy to be remembered this way."

Employees of Chapin's are welcome to visit the conservation area at any time. The rest of the public is allowed to hike the property with the company's prior permission.  There is no hunting or fishing permitted on the property.  Visitors are required to stay on trails, both to protect the environment and for their own safety.

A police officer is requested to Batavia PD headquarters to meet with a man who says there was a man in front of City Hall "illegally panhandling" so he gathered the panhandler's belongings and brought them to the police station.

Gubernatorial candidate Lee Zeldin made a whistle-stop -- not from a train but from a van -- in Batavia on Friday as part of his "Save Our State" tour in which he attacked Gov. Kathy Hochul and aimed to make the case that he was has a plan for making New York a better place to live.

Quotes:

• "We really have to restore balance to Albany. It's not just about political balance. It's also a geographic balance. I want all New Yorkers to feel like they have a voice and representation again in our state capitol. And it doesn't matter which of the 62 counties you come from, what region of this state you come from, everybody should feel like they have a voice that is being heard."
• "We should enact the greatest the largest tax cut in the history of the state. We have to bring spending under control."
• "Suddenly, this governor is out there advocating against the rights of law-abiding New Yorkers, this same governor who when she was a member of Congress, was an A-rated NRA endorsed member of Congress and proud of it. She made a name for herself by opposing driver's licenses for people who weren't legally in the country. And then all of a sudden, she becomes a statewide elected official and she's trying to win a Democratic Party primary and she's evolved on this. She's evolved on that. But people out here in this region know her best and they know that the Kathy Hochul, who she's trying to be today isn't the Kathy Hochul she's always been in the past. She's in over her head. She's not up for this job. She is pandering to tax and spend liberal pro-criminal Democrats who are rolling her and she cares more about getting reelected than she does about saving the state."
• "I support school choice. We have to understand that not every school is the same. We have some great schools in the state of New York, we have some poor-performing schools. Competition is good. And we shouldn't have kids stuck in poor-performing schools."
• "I'm pro-life I'm pro-Second Amendment, and I strongly oppose the far-left progressive agenda taking over Albany. Now, if you want to really get to the heart of where New Yorkers are across this state, even people who consider themselves to be pro-choice are against New York's law for late-term partial-birth abortion. They are against non-doctors performing abortions. They are for parental consent. They're for informed consent. They want to promote adoption more."
•  "The decision today issued in the Dobbs case was a victory for life for the family. It was a victory for the Constitution. It was a victory for federalism, it was the correct decision."

The Batavia Muckdogs dropped a home game Thursday to the Newark Pilots 7-5

Starting pitcher Tyler Prospero (3-1), from Batavia, took his first loss of the season.  He only surrendered one earned run but the Pilots scored three unearned runs on errors.  Prospero gave up six hits in 2 2/3 of an inning.  

Medina's Brian Fry continued to swing a hot stick, going 2-4 and scoring a run.  His season average is up to .419.

Mike DeStefano was 3-4 and Bryan Belo, hitting .342, was 2-4.

The Muckdogs are now 10-4 on the season, in second place in the West Division, two games behind UItica.

Top photo: Catcher Alex Maag snags an outside pitch.

Photos by Philip Casper

Dewey throwing out the first pitch, in honor of his birthday 

Brian Fry completing a double play.

Tyler Prospero

Levis Aguila Jr

Josh Leadem

Henry Hank Robert, 9 years old, playing the national anthem

Jason and Ashley Mlyniec and their two sons were some of the many people — adults and kids alike — sporting sunny yellow attire Thursday at Centennial Park.

The Batavia family had set up a table with a pitcher of lemonade and glass jars of lemon suckers and lemon puffballs. They definitely fit the theme of the inaugural lemonade stand fundraiser hosted by Rochester Regional Health and United Memorial Medical Center.

“We’re on the hospital foundation board,” Mrs. Mlyniec said. “This is for a good cause. We’ll do it again next year.”

Under the umbrella of RRH, each lemonade stand was created by individual families and groups that wanted to help raise money for the Swaddle Program. While one participant blew bubbles at her table, another stood behind a Charlie Brown-themed “the doctor is in” sign, and all of them had a special twist to their decor, including plenty of lemons.

The first-time event chairman was 10-year-old Patrick Casey, chosen for his prior involvement with fundraisers.

“I had some spare money, and I gave it to a fundraiser for the hospital, because it’s for a good cause,” he said. “If you’ve got some spare money lying around, give it to a good cause.”

Last year his mom, Lauren was talking with others about how to get young kids involved in the lemonade stand idea, and she in turn told Patrick about it.

“He thought it would be pretty fun to do for the summer,” she said.

The Caseys — including the chairman's father Peter and sisters, Madelyn and Emily, who wanted to help out — weren’t certain how many glasses of lemonade they handed out. Though Patrick did have to make a run or two for some more cups. Overall, the experience has been “cool,” he said.

“Knowing that you made all this happen, and all these people coming here to raise money,” he said.

As for the money raised, it will go for the purchase of baby swaddles, Senior Development Officer Lori Aratari said.

“Working with the maternity department, we realized that we didn't have the funds to be able to purchase the baby swaddles. So I kind of put my thinking cap on and said what can we do that would interest the community and engage families to want to support purchasing the baby swaddles for every baby that's born?” she said. “We obviously want to make sure our babies are safe when we let them leave the hospital. We're hoping that this will become an annual event. And as you can see, folks are outdoing themselves with the variety of displays that they have to sell their lemonade, so it really was open to them to be creative.”

The goal was to raise $4,000 to buy 500 baby swaddles, and $3,600 had already been raised before the 5 p.m. start time through the hospital’s Just Giving online platform, Aratari said.(For more about the Baby Swaddle initiative, see related story, Tuck 'em in, keep 'em safe.) 

Photos by Howard Owens

Top photo: Patrick Casey, 10, this year's chairman of the first-time Lemonade Stands fundraiser for Rochester Regional Health and United Memorial Medical Center Foundation.

Second photo: The Casey family -- Patrick, Madelyn, Peter, Emily and Lauren -- enjoys working its stand Thursday at Centennial Park, Batavia. 

Emerson Warner with lactation nurse Jay Balduf

Marigrace Cummings pours a cool cup of lemonade for Rick and Jane Scott

Maiy, Knox and Fae work at their lemonade stand

Mercedes Houseknecht plays in bubbles.

An SUV going an estimated 70 to 80 mph on South Jackson Street at 2:01 a.m. struck a utility pole and continued westbound before hitting the front porch of a home and stopping.

At least two people, including, according to Sgt. Marc Lawrence, the driver, fled the scene on foot.

Lawrence said the driver is known to police and charges are pending.

The SUV struck the porch at 307 South Jackson, the residence of Rudo Mushonga, a registered nurse with the Community Health Center of Buffalo.

"I was in my house fast asleep and then I heard a bang, I mean a real big bang," Mushonga said. "So I got up and said, 'what's going on.'  I looked because my bedroom is right here (pointing to a second-floor window). I looked and I could see this trunk, this trunk right here (the bottom half of the telephone pole just a few yards from her house) and I thought, 'what another accident?' Because it has happened before. This little tree, the car kind of missed it and it went over there (into neighbor's yard).  But this time I didn't see this, because you can't see it from where I am.  So I got out, opened my front door ... "

"So I was worried," she added.  "Being a registered nurse, I'm worried about the people in the car. Do they need help? And the police officer said, 'no, they ran away.'"

As many as six people were in the vehicle. All were minors with the possible exception of the driver.  One person sustained minor injuries and was transported to UMMC by Mercy EMS for treatment and evaluation.  Some of the occupants remained on scene after the accident and were picked up by their parents.

Lawrence said that National Grid workers estimated the vehicle was doing from 70 to 80 mph based on the damage to the pole, which was sheared off at the base.

The vehicle was westbound on Chestnut when it continued onto South Jackson before striking the pole just a few yards from Jackson Street.

Mushonga said she bought her home about two years ago ("I've been here for two Christmases," she said). and loves her house and the neighborhood but there have been three similar accidents now right in front of her house.

Press release:

On Friday, June 24, 2022 at or about 2:02 a.m., Batavia Police Officers were dispatched to a car into a house in the area of South Jackson Street. Responding Officers, City of Batavia Fire Fighters, and neighbors quickly arrived on scene to assist with the investigation.

Initial reports from witnesses indicated four passengers including the driver fled on foot. Officers identified 4 other passengers who remained on scene (1 with minor injuries). Genesee County Sheriff's Office K9 - Rayzor and handler Deputy Stack were on duty and quickly responded to assist with a track of the individuals who fled on foot.

Through interviews, debris left at the scene and video surveillance, it is believed that the vehicle, a 2017 Toyota 4-Runner was operating at a high rate of speed eastbound on Chestnut Street. The vehicle failed to stop for the stop sign at the intersection of Chestnut St./Jackson St./S. Jackson St. subsequently failing to navigate the turn at the intersection.

The Toyota 4-Runner crossed into the westbound traffic lane on South Jackson Street striking the north curb, then a National Grid pole (shearing the pole in two spots), continuing over 100', finally coming to rest in the front porch of 305 S. Jackson Street.

The one minor injury was transported to UMMC by Mercy EMS. Additional passengers were transported to UMMC by private vehicles for evaluations.

After investigation, a total of eight occupants of the vehicle have been identified and the accident is still under investigation. Most occupants of the vehicle were minors including the alleged driver. Alcohol and marijuana are believed to be a contributing factors in the accident. Charges are pending.

The Batavia Police Department would like to thank the City of Batavia Fire Department, City of Batavia Department of Public Works, GCSO K9 Rayzor and handler Deputy Stack, and Mercy EMS for their assistance. We also greatly appreciate the citizens of Batavia who, without hesitation, became essential witnesses in this accident. Anyone with any further information is urged to contact Officer Girvin at the City of Batavia Police Department, 585-345-6350.

Reader-submitted video.  Photos by Howard Owens.

In what is being billed as a "Save Our State" rally, gubernatorial candidate Lee Zeldin is scheduled to make an appearance in Batavia at noon outside the Old Courthouse.

Previously: Lee Zeldin, running for governor visits Batavia, gets business perspective on state's needs

Photo: File photo from Oct. 15, when Zeldin visited Chapin Manufacturing with Assemblyman Steve Hawley. Photo by Howard Owens.

Three poles at each entrance of a pair of proposed solar projects off of Ellicott Street Road in the Town of Batavia will be less of an eyesore than four, members of the town planning board decided on Tuesday.

At one time, the developer, Cypress Creek Renewables, proposed four poles.

At Tuesday's meeting, project attorney Mark T. Sweeney, after a lengthy discussion of the topic, asked the planning board to commit to three poles if that is truly their desire.

"What we would ask then is that the board clarify the condition of approval to require us to have a maximum of three poles per project," Sweeney said. "Then we can agree, we can accept that and redo a redesign for that. What we really need tonight is to be able to walk away knowing what it is we have to do. So that would be my ask of you as a board is to clarify and modify that condition of approval so that we can do that."

The number of poles is not a straightforward design decision, Sweeney explained during Tuesday's discussion.  The equipment that is mounted on the poles can be placed on the ground but at much greater expense.  The design must be approved by National Grid. The ground-mounted equipment is big and bulky and must be fenced in. And ground-mounted equipment is a special order and supply issues are delaying delivery.

Introduced in June 2019, the proposal from Cypress Creek Renewables LLC calls for the construction of two solar farms on property owned by Don Partridge at 5117 Ellicott Street Road.

• A 5-megawatt array on 18.2 acres of a 65-acre parcel of otherwise agricultural land, known as Trousdale Solar I;
• A 4-megawatt system on 19.6 acres of a 71-acre parcel of otherwise agricultural land, known as Trousdale Solar II.

The four-pole plan Cypress Creek came up with for each project -- and that received a nod of approval from National Grid -- helped the company balance competing factors and the company sought to maintain that balance, Sweeney said. 

"There's a balance, you know, in what SEQR requires," Sweeney said. "The site plan evaluation requires a balance of the impacts versus the cost. One of the things we were looking at is just that element of it. I understand if there's a particular impact that is to be avoided, or identified that we weren't aware of, that's one thing, but just simply ground-mounting something at a significant cost would be -- for no significant benefit to the environment, from a visual standpoint -- would be in our position, something we've tried to avoid. "

When the equipment is ground-mounted, it must be placed on a two-foot-high base, Sweeney said. The equipment enclosure is six feet tall.  And because it is electrical equipment, it must be surrounded by a fence. 

"You do have some residual visual impact resulting from that installation," Sweeney said.

Board members asked why there couldn't be three poles at each location since other solar projects have been able to meet that requirement. 

Sweeney said he couldn't answer that question.

"I understand completely where you're coming from, and having consistency with other projects," Sweeney said. "I don't know why those projects have three. I don't know what their equipment lineup is. I assume that it's substantially similar, but it might be different. The project size might be different panel types, inverter types -- there's a whole level of engineering that goes into what may cause the number to be different. It could be that it could have been an earlier project that got a higher incentive from NYSERDA by being in a different block. So they had more money available to spend on that type of thing. There may not have been any landscaping associated with that project. They could take the money from the landscaping budget and put it into that. There are all kinds of different things of which we're not aware."

To help mitigate the visual disturbance of four poles, the poles were designed to be back from the roadway and screened from view by landscaping.

In the end, board members decided they would rather see only three poles on each site.

"I think even four poles with all the lines and all the stuff hanging out from them, it's just going to be an eyesore, not only for people who live there, but just driving by," said board member Jonathan Long. "It just doesn't fit in with the character of the neighborhood. In my opinion, saying that it's a cost to the project is, in my opinion --  this is going to be there 20-plus years, part of the scenery there; it's not going to go away. So the upfront costs are minor compared to long-term impacts."

Once Sweeney said he would like board action affirming they would accept three poles instead of four, a motion was made and passed.

Photo: Bridget Cuddihy, project developer for Cypress Creek, and Mark Sweeney, project attorney. Photo by Howard Owens.

Previously: 

• Ellicott Street Road solar projects on hold pending receipt of additional visual documentation
• Concessions in hand, Batavia Town planners approve Ellicott Street Road solar projects

A public hearing is not required for approval of a 76-unit expansion of the Country Meadows housing community at 5121 Clinton Street Road, Batavia, but since some residents of Stringham Drive might be concerned about it, the Town of Batavia Planning Board agreed at Tuesday's meeting to hold a hearing.

A public hearing requires notification to neighboring residents and gives them an opportunity to express concerns or ask questions.

The hearing will be at 7 p.m., July 19 at the Batavia Town Hall.

Country Meadows is operated by Rochester MHP Portfolio LLC and owner Jeffrey Cook.  It currently contains 174 manufactured homes.

Stringham Drive is immediately to the south of the 75-acre parcel.

Engineer Glenn F. Thornton presented the development plans to the board on Tuesday and said steps are being taken to address any potential concerns of Stringham Drive residents.  

He said there is an additional 50 feet of separation between the new home lots and the property lines of Stringham Drive homes.

"It's heavily vegetated over there (along the southern boundary of the development), so we're proposing to leave all of the vegetation in place to kind of screen the two properties from each other," Thornton said.

The new lots will be slightly more spacious than the existing lots, he said. The current lots are about four to an acre, he said.  The new lots will be 2.5 per acre.

Much of the reason for the larger lots are the constraints imposed by the geography and infrastructure of the area being developed.   There needs to be proper stormwater drainage and there is an existing "fairly wide" town sanitary sewer easement through the property.

"I think everything we're proposing is within the 6,000 square foot minimum lot size," Thornton said. "The separations between the homes, the setbacks from the property lines, I believe everything is code compliant, so we're not looking for any variances."

Much of the discussion Tuesday was about stormwater drainage.  The plan includes a swale, already a natural feature of the property, to drain water into a retention pond so it can be slowly drained into the town's stormwater drainage system, as well as berms to help channel runoff.

The new development will not increase runoff on Stringham Drive, Thornton said.

"Stringham Drive's drainage is coming our way actually," Thornton said. "We're actually capturing the runoff from Stringham Drive that's coming out on our property and routing it around our home sites, trying to get it up into this swale (pointing to an architectural drawing) up in here. Really, anything within the development area we have to capture and route into our stormwater management areas. So anything we have is going into those areas where we'll mitigate the flow to existing conditions as it leaves the property."

There are currently three driveways serving the development.

Planning documents submitted by Thornton's firm state there will not be a significant increase in traffic as a result of the additional pre-manufactured homes. It states there will be 275 additional vehicle trips daily, with 19 additional trips during the peak morning hour and 42 during the peak afternoon hour, and most of those trips through the property's western driveway.

That driveway can easily accommodate the additional traffic, the report states.

Photo: Glenn Thornton. Photo by Howard Owens.