batavia

Press release:

The Genesee County Economic Development Center (GCEDC) approved four projects at its June board meeting. They total approximately $2 million in investments as well as the retention of 91 jobs and the creation of 22 new jobs.

“All of the projects being considered by the board are investments in infrastructure which means the companies seeking benefits intend to be here for the long term,” said Steve Hyde, GCEDC president and CEO. “Companies typically do not invest in facilities and infrastructure without long-term plans so it is great to see this commitment to our region.”

Mega Properties, Inc., (Koolatron) is a Canadian company that manufactures, markets and distributes various portable thermoelectric cooler parts and components. The company is proposing to invest $775,000 in its operations that would retain 11 jobs and create six new jobs. Because the company is seeking more than $100,000 in incentives – in this case $190,000 – a public hearing must be scheduled.

Imagination Industries is seeking to build a 7,015-square-foot facility at 8240 Buffalo Road in the Town of Bergen. The multiuse facility will house an indoor firing range, training center, gunsmith services and a laser engraving business. The company plans to invest nearly $400,000 that would create 10 new jobs.  The project is allowable under state retail restrictions as the purpose is to make available services which would not be, but for the project, “reasonably accessible” to residents of the municipality where the project is located.  

The company is seeking a sales tax exemption of $19,970, a mortgage tax exemption of $3,750 and a property tax abatement of $63,195. The Board found that the project meets the goods and services retail clause in order to approve the application.

Reinhart Enterprises operates a 25,720-square-foot multi-commercial tenant facility on Liberty Street in Batavia. Due to flooding this past year, 4500 square feet of space was vacated. The company is looking to improve its facility and is planning a $206,000 capital investment for drainage and parking lot improvements to enhance the property for current and prospective office and corporate tenants. The company is seeking a sales tax exemption of $9,888. The investment would create three new jobs and retain 80.

Jackson Square LLC, the former Cars Warehouse which was built around 1880 in the area of the city known as Jackson Square, is proposing to convert the former structure into a mixed-use commercial and residential site. The ground floor will have flex office/light industrial and four new market rate apartments on the second and third floors. 

The City of Batavia is the current owner of building and will transfer the title to the Batavia Development Corporation for sale to Jackson Square LLC. The company is seeking a sales tax exemption of $24,816 and a mortgage tax exemption of $2,994 contingent upon Jackson Square LLC purchasing the building.

A caller reports that the porch of the residence across from his house on Thomas Avenue is on fire.

It's unknown if anybody is home in the house with the porch fire.

The location is across the street from 30 Thomas.

City fire responding.

UPDATE 10:41 a.m.: It's a BBQ grill, not a fire. City fire back in service.

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Lamar Iteef Randall, 27, of East Main Street, Batavia, is charged with criminal possession of a controlled substance, criminal impersonation, aggravated unlicensed operation and speeding (71 in a 55 mph zone). Randall was stopped for allegedly speeding at 5:50 p.m., Wednesday, on Clinton Street Road, Stafford, by Deputy Joseph Corona.

Paul W. Zambito, 64, of Kendall Road, Pavilion, is charged with forged inspection. Zambito was stopped by a Wyoming County Sheriff's deputy in the Town of Covington for an alleged expired vehicle inspection and no front plate. His vehicle inspection was allegedly found to be forged.

Cassi Ann Schutt, 26, of West Crest Drive, Rochester, is charged with petit larceny and trespass. Schutt was allegedly observed by security at Walmart shoplifting $270 in merchandise. Schutt was charged with trespass because she has been allegedly banned from all Walmart stores because of a prior shoplifting accusation.

Terry Ann Fulmer, 60, of Jackson Street, Batavia, is charged with petit larceny. Fulmer is accused of stealing $32.03 in merchandise from Kmart.

Daniel P. Ingraham, 44, of 12 Fawn Ridge Road, Henrietta, is charged with obstructing governmental administration, 2nd, and open container. After Batavia PD was dispatched to Austin Park to investigate a report of an intoxicated male, Ingraham was allegedly observed driving a 1990 red Chevrolet Blazer through the back parking lot of the police station. Ingraham parked and got out of the vehicle. Officers reportedly attempted to escort Ingraham into the police building for further investigation when he allegedly fled, running through Austin Park. He was apprehended on Porter Avenue. Ingraham was ordered held without bail pending his next court appearance.

Wanna box?

Now you can.

For the first time in a decade or more, Batavia has a gym with a boxing ring.

Hands Up MMA, like the name says, isn't just about the sweet science, but owner Joseph Bailey (top photo) said with his lifelong love of boxing and Batavia's once rich tradition of boxing, it was important to him to bring boxing back to the city.

Bailey is a fan of boxing, but his passion is for mixed martial arts and he believes that is a sport that will only grow locally and throughout the state.

"Some people view that sport as gruesome and violent -- those who don't have a full understanding of the sport, but it's just as competitive as rugby would be, or hockey or lacrosse," Bailey said.

The gym, which officially opened today in the Harvester Center, provides a well-rounded workout with bags, ropes, tires, climbing walls, for anybody interested in combat sports.

Several young fighters found the gym while Bailey was still building it and started working out with him. At least four of them are planning to compete for the first time in a MMA tournament in Rochester on Sept. 29.

"We offer training in kickboxing, jiu jitsu, wrestling, boxing and we try to incorporate it all together," Bailey said. "We'll also offer self-defense training and a course on knife and gun disarming that will be taught by a Green Beret."

The gym is already drawing a diverse group of people.

William Sutton is a Purple Heart-decorated Army veteran who honed his fighting skills by training to become an Army instructor in hand-to-hand combat.

During a tour of duty in Korea, he found boxing and MMA were big with the troops there. He was 13-0 as a boxer and 2-0 in MMA.

"Growing up in Batavia, it wasn't like it is nowadays," Sutton said. "Growing up in Batavia, a lot of times we would fight before school. We would fight after school. Fighting was a big part of Batavia. It's a tough town to grow up in. I've been fighting my whole life and I just continued that in the Army."

Sutton was wounded in Afghanistan and is now retired from military service. The injury and his commitment to the Veterans Administration prevents him from ever again fighting competitively and he's limited by military obligations in what he can teach, but working out in a gym of fighters appeals to him.

"Everybody who comes to an MMA gym seems to be just more humble," Sutton said. "People that go to a regular gym, you know, walk around trying to impress each other. At an MMA gym, all that BS is just put aside because we can put on the gloves and go in the ring. Put your hands up. Talking and stuff don't go here."

All his experience and success, though, puts Sutton in a position to help young fighters and he said he's always happy to train with them and answer questions and offer pointers to those willing to listen.

Bailey really hopes Hands Up becomes a vehicle for promoting boxing in Batavia. He plans to hold regular tournaments involving gym members that will be open to the public.

"Boxing used to have a big history in the City of Batavia," Bailey said. "The community is unaware of that and what I would like to do is get members of the gym to spare and promote boxing and hopefully get some viewers in to watch tournaments."

As we spoke, an older gentleman walked past the front windows and you could see his eyes light up as he looked inside.

There was little doubt, he was a boxer.

The first thing Robert Janes (top inset photo) did when he walked in was hit the speed bag. Later, he would say it was the first time in 13 years he punched a speed bag.

A native of Palm Springs, Calif., Janes was involved in Golden Gloves in the early 1970s.

Now living in Stafford and working pouring concrete, Janes was clearly thrilled to be in a boxing gym again and he said he can't wait to start working out there.

"I just want to stay healthy," Janes said. "I want to keep my head right. Any time I was ever in the gym, any time I was ever involved in any kind of organized boxing, I was good. Once I walked way from that, I was in big trouble. Now I'm 60 years old. I want to come back to it. I want to bring my granddaughter and my grandson into it."

NOTE: I want to do a story about the boxing in Batavia in the 20th Century. I have a copy of a book by Butch Zito, but I would like to find old pictures and other memorabilia. Few, if any, of the former boxers are still alive, but perhaps sons and daughters have memories about their boxing relatives to share. Write to me at howard@thebatavian.com.

William Sutton

Tim McCullough, from Batavia, and Sutton.

Also pictured in the slide show training is Josh McCarthy of Batavia (wearing yellow).

When we e-mailed a series of questions to Steve Hyde seeking more details on the process by which tax subsidies were approved for COR Development to redevelop a portion of Batavia Towne Center, we also e-mailed five questions to Mary Pat Hancock, chairwoman of the Genesee County Legislature.

Under state law, in order for state sales tax abatements to be awarded to a retail development project, a finding must be made that meets a specified requirement. The finding must be made by the Genesee County Economic Development Center Board and confirmed by the chief executive -- in this case, Hancock -- of the government agency overseeing the IDA. 

For the COR project, the GCEDC board passed a resolution finding that the proposed retail project would provide goods and services not readily available to Genesee County residents.  The only confirmed tenant for the space at the time was -- and still is -- Dick's Sporting Goods.

Hancock said she was not available to respond within the deadline set by The Batavian. We received her answer today. Below are the questions we e-mailed and her e-mailed response.

Questons:

1. Did you conduct any independent research to substantiate the board's decision?

2. At the time you wrote the letter, what did you know about the proposed tenants for the retail space? Were the names of all the businesses communicated to you, and if so, was it your understanding that contracts had been signed or whether these businesses were just proposals?

3. On what factual basis did you base your decision to confirm the finding? What is it about the proposed businesses that caused you to reach the conclusion that they would provide goods and services not readily available in Genesee County?

4. What do you say to a comment such as Mike Barrett's, that tax incentives for retail are like "using your own tax money to put yourself out of business"?

5. Should the existing businesses in Genesee County that must now compete against subsidized national chains receive any tax breaks or other mitigation to level the playing field for them?

Hancock's Response:

Dear Howard;

I do appreciate your forthright and direct manner. It is refreshing. Howard, I am going to frame my reply by indicating how I proceeded to educate myself regarding the proposed project. I hope it covers the intent of your request.

The Legislature does appoint the GCEDC Board. We believe they are a group of outstanding citizens with very strong business sense…as demonstrated by their own careers. They are also committed to the economic health of our community, or they wouldn’t be spending hours of their valuable time volunteering on the GCEDC Board.  Because they have a strong business sense, they also have a very strong respect for the law and carefully follow the latest and most accurate legislature and regulations guiding IDAs. I attended the meeting where they discussed the issue thoroughly. At a subsequent meeting they voted in favor of proceeding with the project.

The Legislature has an attorney. It would be foolhardy for me to sign an official letter without checking the legality of the document with our attorney. He is a careful attorney and checks out his information on many levels. He researched the law and provided me with a copy of the statute as recently amended. He also gave me his written opinion as to the requirements of the law and its application to this project. I was assured that we were acting within our legal rights.

The Genesee Economic Development Council (sic) was required to hold a public hearing and make specific findings of fact before awarding incentives, and did so on this matter.   I did attend the hearing and heard a positive presentation and only six persons spoke against the development.

Howard, I remember how that area looked before the development. It was sad. The lack of development in that area did not result in a healthy Batavia downtown. It looks, and is, more vibrant now, not only in that Town of Batavia area, but downtown as well. We hope to keep it that way…and better. I am most hopeful and confident that each step we take to attract new and suitable businesses to our area…will benefit all of us. Howard, I know you and I share the same desire for a successful, livable, and economically healthy community. We may not agree on everything, but our goals are surely the same.

Local runners today carried the Special Olympics torch into Batavia down Route 98 from Elba.

Next week, Hollywood comes to Batavia.

GoArt!, in partnership with local author Bill Kauffman -- author of such books as "Dispatches from the Muckdog Gazette" and "Look Homeward America" -- and filmmaker Ronald F. Maxwell -- director of the Civil War epics "Gettysburg" and "Gods and Generals" -- will host a screening of the movie "Copperhead" on Thursday, June 13. 

This will give locals a chance to see the film before its official release in theaters on June 28.

"Copperhead" takes place in Upstate New York during the Civil War. Kauffman wrote the screenplay, based the novel "The Copperhead" by Harold Frederic, and Maxwell directed it.

Both men will be at the screening, and the movie will be followed by a short presentation by Kauffman and a Q&A session with Kauffman and Maxwell.

In anticipation of the screening, they spoke with The Batavian about the project itself, their collaboration over the years, among other things.

(To Ron): I understand you have been a longtime fan of Bill Kauffman. So this is a two-part question:

A. When and how did you first discover his work?
B. When and how did you two come into contact?

Ron: Actually the second thing happened first. We both attended an event in Washington, D.C. --- at which he spoke -- sometime in the mid-1990s. I was impressed with his wit, with his use of language, his sense of humor, and his insight, and that started a long friendship. I subsequently read his writings, and we stayed in touch over the years. 

Bill: “Copperhead” was actually my second screenplay. The first one was a project that Ron and I started developing several years ago. This was also an historical film, and it almost made it into development but didn't. We still hope it will someday. So "Copperhead" was my second screenplay, but it was the first to be produced.

(To both): What drew you to this material?

Bill: I probably first read the book 25 or more years ago. Harold Frederic was one of the great Upstate New York novelists. In fact his most well-known book, "The Damnation of Theron Ware," was hailed by F. Scott Fitzgerald as the best American novel before 1920.

Edmund Wilson, the great literary critic, praised Frederic's "Civil War Stories" for being unlike any other Civil War fiction. There's no Southern "moonlight and magnolias" romanticism, and there's no Northern "Battle Hymn of the Republic" righteousness; these are hard, unsentimental but very poignant stories of life in the North -- specifically Upstate New York -- on the home front during the war...the people left behind.

And this particular story, "The Copperhead," is about a farmer, a respected man, in a little hamlet in Upstate New York -- he's an old-fashioned Democrat who is against the war. And he is standing up, really, against his community on this. The community is torn apart, his family and the family of his chief rival are torn apart. So these people are casualties of the war in a different way.

The film is also, I think, about the resilience and resourcefulness of the people at home during wartime. It's a rich and complex story about our area, for one, and also about a fascinating time in American history.

Ron: As soon as I read it I thought, "Wow, this would be a terrific subject for a film." And I kind of ruminated for a while until about three and a half years ago, when it came up in conversation with Bill over dinner in Connecticut. I think he mentioned it first, but we both knew the novel and admired it. It was very interesting to me to explore the whole issue of the dissenters in society -- especially within the context of the Civil War, because I had already explored the reasons why good men chose to go to war in the other films, whether they wore blue or gray. Here was a film where you could explore why a good, ethical man chose not to go to war. It's the other side of the coin.

(To Bill): How was the screenwriting process different from the process of writing a book?

Bill: It’s a whole different style of writing. Writing a book is very much a solitary endeavor, although there is give-and-take with the editor. Movies are totally collaborative ventures. Even with the screenplay, Ron and I consulted throughout. Ron has a great sense for how to tell a story. So it was a very harmonious collaboration -- he's a great guy, and we work well together.

(To Ron): You wrote the scripts for both "Gettysburg" and "Gods and Generals." Why did you choose to have Bill write this one?

Ron: Well, as I said, it came up over a dinner, and by that time he and I had collaborated on the earlier project that he wrote. So I knew that he could do it. And I think part of the dynamic there is that when you write a screenplay, you need to focus big time and stop doing everything else.  At the time we started to talk about "Copperhead," I was totally immersed in something else, so I could not write the screenplay myself even if I wanted to. But I knew he could. So I worked with him, you know, in the way that a director-filmmaker works with a writer. We closely collaborated on it, but he in fact did the writing. A lot of times in Hollywood there are shared credits when a director works with the writer, but I'm a strong believer that the writer gets the credit. Because the writer is doing the work.

So, just as on the earlier screenplay, we collaborated but Bill adapted the novel. And I knew that his sensibilities would be very responsive to it. It takes place, as you know, in Upstate New York. And Bill was not only aware of this novel, but he had read other works of Harold Frederic.

In a sense, Bill is a regionalist. He's very aware of where he lives -- not just of how it is now, but of its history and literary traditions. So he was already connected to the history of this part of the world, and to Harold Frederic specifically. So of all the writers in the world, he was probably the most perfectly adapted to work out the screenplay.

If you know Bill's other work, one of his preoccupations is small town America. He has made the choice to live in small town America because he thinks that that's where American values are embodied and where the "simpler life" can be lived. That's a theme that runs through all of his nonfiction, and is certainly one of the themes of this particular story. One of the things ("Copperhead") explores is living in a rural community. I'm sure it was much more rural, with a much smaller population, back then than it is now. But again, Bill was predisposed to understanding and exploring the values of these people.

(To Bill): Were you a fan of Ron's films before this?

Oh yeah, absolutely. He's the great cinematic interpreter of the Civil War. This is his third Civil War film, but it's on a different scale. ("Gettysburg" and "Gods and Generals") had scenes with thousands of extras colliding on the great battlefields -- they were Civil War films set behind the lines.

Were you intimidated by the prospect of writing a script for him after seeing the scope of his previous films?

Bill: Well, you know, I might have been, but we had known each other. We're friends, so in that sense it was comfortable. But it was a challenge. I like challenges, and I have over the years read a lot of screenplays in preparation for this film. I'd read a number of screenplays of films that I like very much -- everything from Paul Schrader's script for "Taxi Driver" to Graham Greene's screenplay for "The Third Man." So I had an idea of how to do it, and Ron was an invaluable guide to picking up the form and grammar of a screenplay.

(To Ron): Had you ever in your life heard of Batavia before meeting Bill?

Ron: No, and I wasn't even sure whether to say Bat-ah-via or Bat-ay-via. But I guess it's like that Cole Porter song, "You say tom-ay-to, I say tom-ah-to."

(To Bill): Are there any local connections in "Copperhead"?

Bill: There is one specifically Batavia reference -- it's a little bit of an inside joke -- early in the film. Some folks will pick up on it. But I can't tell you anymore.

Also, my daughter, Gretel, and the daughter of one of the producers have cameos in the film.  It's during the barn dance scene -- look for the "giggling girls."

(To Bill): Did you have chance to visit the location shoots in Canada? If so, what was this like?

Bill: I was there for about four to seven weeks. I went up a couple different times. I got a real kick out of watching these characters that existed on paper become real. And it's funny, because some of the characters ended up looking very different from how I thought they'd look. But I think the actors really brought to life and enriched the story with their own contributions. They did a lot of studying, put a lot of thought into the roles, and I think it shows on the screen.

(On Ron as a director): You hear stories of these tyrannical, dictatorial directors, but Ron is nothing at all like that. He's very much in control, and the production is well run. But he listens to people, everyone gets along, and it's very harmonious. He does a lot of planning (before production), and that shows in that there's a real efficiency about it. It was shot over about seven weeks, and there were no wasted days. They worked from sunup to sundown. It was very impressive.

(To Bill): I understand the actors were instructed to study your Western New York accent.  What was that experience like?

Bill: (Laughs) Yes, they had a dialect coach from Canada who did a great job with them. We don't have any tapes of what people in Upstate New York sounded like in 1862, so one of the things she did -- unbeknownst to me -- was send them videotapes of speeches of mine. So it was kind of fun on the set when actors would come up to me and ask, "How do you say 'apple'? How do you say 'orange'?" Of course, we're not aware of our accents. To us, we speak normally and everyone else has an accent. And when someone asks you to pronounce something, inevitably a little bit of self-consciousness creeps into you, you know? You exaggerate whatever little accent you might have. But yeah, that was a lot of fun. And fortunately, they do not all sound like me (laughs). They develop their own accents and styles of speaking.

(To Ron): Many of the actors in "Copperhead" are a bit less well-known than a lot of movie stars out there. Was this an artistic decision on your part?

Ron: Yes, very much so, insofar as you want (as a filmmaker) to be able to have the creative freedom to cast the way you want. We made a decision early on that we were not going to chase the movie stars. Because then you're always at the mercy of their schedules, their price tags, and competing for their time with the major studios. So suddenly you're not in control of your own movie. And I've played that game, so I know that game. We wanted to be independent and just cast the movie the best way we knew we could, make the movie we wanted to make, hope that it would stand on its own merits, and get it to the public. 

The reason people get the big stars is because those stars will get the movie financed and distributed. It's a simple formula. So if you think you can have alternate ways of getting the movie financed and distributed, then that allows you artistic freedom.

(To both): How did the upcoming screening/fundraiser come about?

Ron: We thought, as part of our marketing and promotion of the movie, that it would behoove us to do a number of screenings across the country to help generate word of mouth and grassroots support of the film. And we thought, "What better way than to ally with charitable organizations?" So we looked for charitable organizations that we could feel comfortable supporting, and we have about 18 or 19 of these all across the country.

Bill: The producers asked me about having one of the screenings in Batavia, and I of course jumped at the chance. And I thought GoArt! would be a great organization (to support), and they were enthusiastic about sponsoring.

(To Ron): What interests you about the Civil War Era as a filmmaker?

RM: Well, you know, I was drawn to it so many years ago now...it took me 15 years from the time I read (Michael Shaara's) "The Killer Angels" (the book on which "Gettysburg" is based) until the time "Gettysburg" was released in the theaters. I didn't know it was going to take 15 years, and I certainly didn't know I would spend another 10 years making "God and Generals," and then another 10 years before I could make "Copperhead." That's a lot of years altogether -- it's a big chunk of anyone's life to spend on one historical period. It's not like I set out to do that, it just kind of happened that way.

But along the way I came to realize that it has been a deep and abiding interest. It's just endlessly fascinating, and these are stories that have been very compelling to me. I have other kinds of projects I've been working on -- I have a Western I've been working on, a project on Joan of Arc, contemporary films...I'm always juggling them and trying to get them financed like other filmmakers. But it's just kind of worked out that "Gettysburg" led to "Gods and Generals," which led to "Copperhead." A lot of that is my own focus and my own energy, but some of it is serendipitous.

(To Bill): What draws you to writing about small town America?

BK: Well, it's where I've spent most of my life -- it's where I am now. To me, Batavia was always a source of fascination. Every story you could tell was on its streets and in its buildings. 

It's not that people in small towns are better than people in big cities. But I think because of the smallness and intimacy of the scale, it's a place where the individual can matter. In the anonymity of the big cities and suburbs, sometimes the individual can get lost in the crowd. To me, life in a small town seems more real, more immediate. I also think that small towns get the short shrift, both culturally and politically. It's unexplored territory.

(To both): Do you have any words of advice or encouragement for readers who might be aspiring toward successful careers in writing or filmmaking?

Bill: Words of advice for aspiring writers? I guess I'd say Read Read Read Read Read. Persevere. And don't get discouraged.

Ron: Well the most important thing is for aspiring filmmakers to develop and protect their own voice -- and not kind of mimic, copy, cater, pander or be what they think someone else wants them to be, what Hollywood wants them to be, or what any third party wants them to be.  Because then they are wasting their own time and everyone else's. If they can hold onto that little voice inside them that is their unique voice, that's the most important thing. That's what we want to hear and watch.

The screening of "Copperhead" will take place at Genesee Community College's Stuart Steiner Theatre, at 1 College Road in Batavia, and start at 7 p.m. Tickets are $20 for GoArt! members and $25 for non-members.

For more information or to purchase tickets, go to www.goart.org/events.php#Copperhead or call 343-9313.

Supplemental: "Copperhead" trailer

Photo of Ronald F. Maxwell directing courtesy of George Nicholis.

The Bank of Castile celebrated 20 years in Batavia this afternoon with a community gathering at its East Main Street branch and by presenting a gift backpack with a $500 donation in it to the backpack program of United Way.

Above, Erik Fix with United Way of Genesee County accepts the basket from Diane Torcello, branch manager, and Jim Fulmer, president and CEO of the Bank of Castile.

Castile branches traditionally celebrate their anniversaries with gifts to the community, bank officials said.

Branch employees picked the backpack program for the 20th anniversary gift.

"At the Bank of Castile, we have always been a strong believer in the good that United Way does in our community," Torcello said. "We are proud to support the program with a contribution."

Rick Mancuso, left, was honored Saturday as the 2013 Genesee County Distinguished Citizen by the Iroquois Trail Council, Boy Scouts of America. He's pictured with BSA Council President Dr. Thomas Madejski

The award recognizes a local resident who has significantly advanced the cause of the greater good and has made this a better community by:

• taking an active leadership role in activities that promote positive youth development;
• promoting the cause of a healthy business community;
• having involvement and leadership in service organizations or other community-wide endeavors;
• supporting charitable endeavors that seek to improve the quality of life for our local community;
• providing a positive role model for life and business that our Scouts and other young people should aspire to emulate.

The honorees are selected by a group of community peers in each county, including several former honorees along with input from our Chairman Roger Triftshauser.

Keynote Speaker for the event was Congressman Chris Collins. An Eagle Scout, Collins spoke about his experiences as a youth and adult Scouting leader. He has taken the values of Scouting to the halls of Congress, where he displays a Scouting flag outside his Capitol Hill office. His congressional coin displays the Boy Scout motto ‘Be Prepared’ and the Cub Scout motto ‘Do Your Best’.

Other honorees included Dan Wilson (Lockport), Jim Miles (Lyndonville), Larry Rogers (Pike), and Matt Cole (Livonia).

Photos by Kevin Carlson of Carlson's Studio. Information provided by Jim McMullen.

A man whose DNA profile was indicted on alleged burglary charges appeared in County Court today presumably to plead guilty, but the District Attorney's Office asked for an adjournment because of a new investigation into another alleged crime.

Assistant District Attorney Will Zickl said his office had offered Samuel G. Malone, 27, of 36 Walnut St., Batavia, a chance to plea guilty to burglary, 3rd, and attempted burglary, 3rd. But with potentially new evidence of another alleged crime, he said District Attorney Lawrence Friedman wanted to make sure what all of the potential charges were before finalizing a plea arrangement.

Molone, who is out of jail under supervision, is scheduled back in court at 10:15 a.m., June 18.

A DNA profile that was later matched with Malone was indicted by a grand jury in December on counts of two counts of burglary, 3rd, and one count of attempted burglary, 2nd.

A few days after his arrest in April, he was charged with another count of burglary 3rd.

The plea arrangement contemplated by the attorneys is for Malone to plead guilty to two counts and serve a period on probation before Noonan would decide on a possible prison sentence.

Throughout the 90-minute opening ceremony for the new Muller Quaker Dairy Plant in the Genesee Valley Agri-Business Park, Steve Hyde sat in the second row and smiled.

Not one speaker -- and there were five of them -- mentioned Hyde by name. There was no official recognition of his work to bring this day about.

Still, he smiled.

You couldn't help but think of a proud father watching his son or daughter graduate.

Asked how he felt afterward, Hyde, as he usually does when posed such questions, demurred and praised others.

"It’s a great day for everybody in the community," Hyde said. "This was a dream of mine and a lot of other partners. It’s 10 years in the making and this is just phase one."

Hyde has his critics. Genesee County Economic Development Center, the organization he runs, has its skeptics. But the Muller Quaker plant is a big deal, especially for a county of only 57,000 people that hasn't had a big factory opening in more than five decades.

PepsiCo and Theo Muller Group invested $200 million in the facility and that dollar figure doesn't count product development, designs for new trade-secret machinery to create the Greek-style yogurt, new software to run the plant and the planning that goes into bringing a new product to market.

Ken Adams, president of Empire State Development, indicated he was a little bit awed by the idea of a global powerhouse like Pepsi and a German-based company like Theo Muller coming to Upstate New York.

"Having PepsiCo here, having Muller here, is like a global seal of approval for this park and its infrastructure," Adams said.

And he gives a lot of the credit for making it happen to Hyde.

"Steve Hyde as far as I’m concerned, he really put the agri-business park, this particular location, on the map at a statewide level," Adams said. "Steve is always in Albany working very closely with the legislators from the area, senate and assembly, working very close with the governor’s office.

"I’ve told this to him, so I'll say it to you," Adams added, "Steve Hyde is a forceful, well respected advocate for investment and economic development here in Batavia. He really put the site on the map and then he also pulls everybody together at the local and state level to make sure a project like this actually goes smoothly. That’s important for the company, for the investors, that there are no hiccups along the way."

A critical factor with Muller Quaker -- called Project Wave during the planning process -- was the speed at which all of the necessary permits could be secured. A lot of credit goes to Town of Batavia and Genesee County officials, but the GCEDC staff laid the ground work to have a shovel-ready site and push the paperwork through the process.

In his speech today, Theo Muller praised the local authorities who got approval for the plant so quickly.

"It would be unimaginable in Germany," he said with a wink. "In Germany that would have taken at the very least three years. You have to send a whole case of yogurt to them over there to get anything done."

Sen. Charles Schummer called the ag park a great idea of local leaders and said when GCEDC came to him for help, he was happy to jump in and secure federal grants for infrastructure.

"There is no better way to strengthen our dairy industry and create jobs than to build a park like this, which has helped attract this great company," Schumer said.

Assemblyman Steve Hawley, who helped with the state legislative process on the project, noted that in any big project like this, stretching, as it does, across the boundaries of local, state and federal responsibilities, there are a lot of people who deserve credit for bringing it together, but Hyde certainly provided critical leadership.

"This is a big deal," Hawley said. "It's one of the largest plants in the country. We need jobs. I hear about it every day from constituents."

It takes a lot of work, Hawley said, to untangle the regulations that can hold up a business and a lot of people had a hand in bringing it together.

"A lot of the credit goes to Steve, but it's a team effort," Hawley said.

Danny Wegman, CEO of Wegmans and president of the Finger Lakes Economic Development Council, is also a Steve Hyde fan. He believes Hyde will pull off the gargantuan task of developing WNY STAMP, the proposed 1,200-acre, high-tech manufacturing park in Alabama that could employ 9,300 people some day.

It's an audacious project, but Wegman said when there are people passionate about projects, they can make things happen.

"Steve is very excited about this," Wegman said last week during the governor's visit to Genesee Community College. "There are a lot of confidential things that can't be shared, but I feel confident that if somebody I believe in is excited about it, the chances of it happening are pretty good."

The success of the ag park only enhances the chance's of success with STAMP, Adams said.

"We’re very hopeful," Adams said. "It’s a globally competitive industry. The opportunity is at STAMP. It’s a great site. It’s much bigger than this site, the agri-business park, but Steve has done a good job at lining up all of the vital ingredients for that site -- power, water, obviously the land, permitting, all the things you need to really be shovel-ready when the right business comes along. He’s the chief marketer. He’s going to Albany tomorrow. He’s on it and he works very closely my colleagues at ESD on marketing STAMP, so we have our fingers crossed."

Hyde said it's all about building on the natural assets of Batavia and Genesee County and showing that can be done with the ag park will translate into confidence for other projects, such as STAMP.

"It helps build credibility in the eyes of some of the folks in the leadership roles in the state that we know how to do this here at the local level," Hyde said. "This (agriculture) is an industry where the regional assets were in great demand and we could make an impact, and when you look at the regional assets in the nano stuff in our region we’ve got the same situation developing."

According to Indra Nooyi, CEO of PepsiCo, Batavians owe a big thank you to Danny Wegman.

No, not for promising one of his unriviled grocery stores to Genesee County, but for steering her attention toward yogurt and the need to produce it in Western New York.

"When I visited Danny in his flagship store in Rochester, Danny said to me, ‘Indra, you should get into the yogurt business because it’s growing extremely rapidly and if you do, the plant has to be located right around here in Upstate New York,' " Nooryi said. "I listened to Danny  because Danny is one of the most respected thinkers in the industry, and, Danny, we delivered on the promise.”

Wegman stood at the back of a tent crowded with local and state dignitaries and smiled broadly.

Last week, Wegman told The Batavian that it might take build out of the STAMP project in Alabama to bring a Wegmans to Batavia. Today, Wegman (top inset photo) had a slightly different take.

Coming out from a tour of the new Muller Quaker Dairy plant, he said, "more projects like this and we'll be here."

The dairy plant -- which will manufacture two brands of Greek-style yogurt, Muller FrutUp and Muller Corner -- officially opened today.

To start, it operates three production lines, employs 180 people in a 350,000-square-foot facility that could one day accommodate as many as 16 production lines.

Already, the plant produces 120,000 cups of yogurt per hour.

Sen. Charles Schumer announced during opening ceremonies that Muller Quaker has reached an agreement with the Upstate Milk Cooperative to source all of its milk from WNY dairy farmers.

The OA-TK-A plant in Batavia will produce the milk protein that Muller Quaker uses in its yogurt production (rather than strain milk as done in traditional Greek yogurt production, Muller Quaker adds protein to give its yogurt a similar rich, silky texture).

"This is an amazing shot in the arm for our economy here in Western New York and I am pledged to continue to do whatever I can do to make this the most successful venture in Western New York," Schumer said.

The project brings together two companies -- the worldwide giant in the food and beverage industry, PepsiCo, and a much smaller, but well respected, dairy company from Germany, the Theo Muller Group.

Stephan Muller, who moved to the United States to assume the reins of the new company, spoke about the entrepreneurial spirit, the risk taking of the $200 million investment by the two companies.

Muller represents the fifth generation of Mullers in the dairy business.

His father, Theo Muller, said through a translator, that the company made previous attempts to break into the U.S. market.

Stephen Muller described his father as a bit of a technophobe who never used a computer and then he got an iPhone just after Stephen Muller arrived in the U.S.

"He sent me a text message," Muller said. "I think it was his first one or one of his first ones. He said, ’520 years ago Christopher Columbus started his journey west with just three ships. Now you are our Columbus. Capital, excellent knowledge now are your ships, and one thing one cannot buy, the iron will to have success."

Nooyi (second inset photo) believes the product will be successful

PepsiCo already has a track record of success of developing a balanced portfolio of food and beverage products that she described as "fun for you, good for you and better for you."

"PepsiCo is becoming a real force in the good-for-you space," Nooyi said. "We have the best go-to-market systems and superior marketing, combined with Muller’s leadership in phenomenal dairy products, I think we’re going to become a real force in the dairy business in North America."

The success in just getting the plant open bodes well for Batavia, Schumer said. With 90 acres of available space at the Genesee Valley Agri-Business Park, there will likely be more jobs coming to town.

"We could employ as many as 1,200 more people when the food processors learn of the transportation advantages, the food production advatnages and just the work force advantages that we have here in this area," Schumer said.  "Food processors from around the world are learning what we have to offer."

Ken Adams, president of Empire State Development, said the success of today's opening is something that will attract more investment in the park, especially in supply chain support for Muller.

"It’s a very powerful confirmation of this facility, the agri-business park as a center for international investment," Adams said. "One thing I’m struck with at this ceremony is you’ve got a global leader like PepsiCo partnering wth Muller and obviously Quaker, the PepsiCo brand, coming together right here in Batavia. The project confirms Batavia, Genesee County’s position, certainly in the Northeast if not North America, as a center of the yogurt universe."

To purchase prints of these photos, click here.

The Jim Kelly Celebrity Golf Classic was held at Terry Hills Golf Course today and as usual, a group of Batavia residents were positioned near the ninth fairway with free brownies for the golfers.

Above, Bills receiver Andre Reed with Kate Martin, Jean Woodcock, Diana Burroughs, Skip Bartz, Margaret Peri, Donna Gillard, Anne Barone and Kathy Leffel.

Prior to the tee-off, Kelly announced that he has cancer in his upper jaw.

Kelly told the Buffalo News that cancer is just another challenge on life's rollercoaster.

“I know I’ll beat it," he said.

The event raises money for the Kelly for Kids Foundation. Kelly for Kids serves disadvantaged and disabled youth in WNY. Past receiptents of funds have been The Michael Napoleone Memorial Foundation and Community Action of Orleans & Genesee.

The Richmond Memorial Library will clost at 5 p.m., Tuesday, due to sewer repairs on Ross Street.

The library will reopen at its normal hour, 9 a.m., Wednesday.

From the Holland Land Office Museum:

Eight days of history-oriented fun awaits young participants in the Holland Land Office Museum's History Heroes Summer Program. This year it begins on July 15 and ends July 26, running eight days Tuesday through Friday for two weeks.

It's for children 7 through 12 and begins at 10 a.m. and ends at 4 p.m.

The deadline to register is June 22.

The Underground Railroad will be highlighted. The children see firsthand some of the homes that were safe homes for fugitive slaves.

They will also visit the wonderful Le Roy House and the Jell-O Museum on Jell-O Day.

The program is divided into eight days. On the first day, the children will be introduced to a play that will culminate into a production for parents/ grandparents families on the last day. It will have some historical significance to this area.

The HLOM is also happy to announce that there will be a certified music teacher that will help with the songs for the play, a certified art teacher to entice the children to choose a home or a scene from Batavia to draw. There is also a retired college professor that taught photography at Brockport State College to take individual pictures of the children in various period clothes.

The History Heroes Summer program was established in 2011. It came about when a retired school teacher dream was to immerse children in their local history. Over the past three years the program has evolved into a history playground for young people.

Previously, the children learned how to knit with a 4-nailed loom. Last year the children were taught how to knit on a knitting loom, which could produce a scarf. This year they will learn how to weave.

Children are to bring a packed lunch; snacks and bottled water will be provided daily. They will receive a History Heroes T-shirt, too. Please check out the Holland Land office Web site and Facebook for more information.

The coordinator and teacher for the summer program is Anne Marie Starowitz, a retired school teacher from Robert Morris School.

The cost for EACH program is $22 for HLOM Members, and $25 for non-members.

July 16 -- Introduction to the Underground Railroad Day

July 17 -- Music Day / Play Parts         

July 18 -- Field Trip to Le Roy House / Jell-O Museum

July 19 -- Textile Day / Weaving & Knitting

July 23 -- Cooking Day / Costumes & Photographs

July 24 -- Art Lesson Day / Historical Photographs

July 25 -- Performing Arts Day / Play & Practice Music

July 26 -- Celebration Day / Play & Picnic                

Rhonda L. Reisman, 40, of 105 State St., is charged with dog running at large. Batavia PD received a complaint of a dog running at large on State Street. Reisman was identified as the owner.

Heather E. Schramm, 33, of 48 South Main St., Batavia, is charged with aggravated harassment, 2nd. Schramm is accused of sending a threatening message to another person.

Arron Lee Zimblis, 49, of 114 Vine St., Batavia, is charged with DWI, failure to stop, unsafe movement of a stopped motor vehicle and failure to yield right of way to an emergency vehicle. Officer Jamie Givens allegedly observed Zimblis commit traffic infractions Wednesday after receiving a report of an intoxicated person leaving a residence.

Daniel S. Anderson, 37, of 239 S. Swan St., Batavia, is charged with criminal possession of a weapon, 3rd. Anderson was arrested Friday following an investigation into a prior complaint. He was ordered held pending a court appearance today.

Billy Joe Johnson, 35, of 3910 W. Main Street Road, Batavia, is charged with harassment, 2nd. Johnson was arrested following an investigation into an alleged incident reported at 7:02 a.m., Sunday, at a location on State Street.

Shawn Allen Bush, 43, of Alleghany Road, Pembroke, is charged with two counts harassment, 2nd. Bush allegedly threatened to harm his ex-girlfriend and son while in an intoxicated condition.

Brian Russell Wilson, 24, of Back Street, Pembroke, is charged with unlawful possession of marijuana. Wilson was allegedly found in possession of marijuana during a traffic stop at 12:58 a.m. Sunday on Main Street, Oakfield, by Deputy Patrick Reeves. Matthew Metehan Osmancikli, 20, of Lewiston Road, Basom, was also charged.

Anthony Mark Matla, 42, of Park Avenue, Oakfield, is charged with harassment, 2nd. Matla allegedly threated to harm another person Saturday during an argument at a residence on Pratt Road.

A 16-year-old resident of Warboys Road, Byron, is charged with criminal possession of a controlled substance. The youth was allegedly found in possession of half a hydrocodone pill while at Byron-Bergen High School.

Jennifer L. Sprague, 30, of Pringle Avenue, Batavia, was arrested on a child neglect charge out of Family Court. Sprague was arrested after a bit of an alleged confrontation with police at her residence. Deputy John Baiocco reports that Sprague slammed the door after he arrived at the residence and locked herself inside. The house was surrounded with the help of Batavia PD and following some negotiations, Baiocco was able to arrest Sprague.

Heather D. Stone, 18, of Ellwood Drive, Rochester, is charged with burglary, 3rd, and petit larceny. Stone was turned over to the Sheriff's Office after being released from the Monroe County Jail on an unrelated matter. A warrant had been issued in Town of Le Roy Court for Stone's arrest. She was jailed on $2,500 bail.

A tree limb down on North Lyon has knocked out power for a section of the city and town, including three traffic lights and police have asked that drivers be reminded to treat the intersections as four-way stops.

The limb down was reported at 12:30 p.m.

According to Sgt. Jason Davis, Batavia PD, National Grid has asked that rather than using city workers to cut up the tree that a National Grid crew do it. The company's tree-cutting crew is not on yet on scene and there's no ETA for its arrival.

Once the tree is out of the way, work crews will need to replace up to three utility polls.

According to National Grid, power should be restored by 6 p.m.

Nearly 440 customers in Batavia are without power.

The vehicle and traffic code requires drivers to treat an intersection with its traffic lights out as a four-way stop.

Davis wants to remind drivers to use caution at and approaching the affected intersections, which are on West Main Street and West Main Street Road (Town of Batavia) at River Street, Tops Plaza and Lewiston Road.

Time-Warner customers in the area are also without phone and Internet service.

UPDATE 7:03 p.m.: New ETA for power restoration is 10:30 p.m.

UPDATE: Power restored about 10 p.m.

A tree near the roadway is reported to be on fire at 8173 State Street Road, at the dead end. Town of Batavia Fire Department is responding.

UPDATE 2:54 p.m.: The chief reports that a portion of the tree fell into power lines.

UPDATE 2:58 p.m.: The chief says there's nothing the fire department can do there and the town's assignment is back in service. National Grid is notified. Part of the tree is dangling on a primary power line and the homeowner is advised to remain clear of it.