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It's Make a Difference Day for Batavia High School seniors with students and teachers taking on several community projects, including cleanup at the Peace Garden despite the rain.

Top photo: Leah Wroten. Second photo, Wroten along with Carolena Williams, Gabrielle Lawrence, Andrea Kraus, Katie Metzler and Ethan DiLaura.

At the Batavia Agri-Business Child Development Center on Brooklyn Avenue, Ron Williams, Alesia Schmidt and Sherry Crumity.

Marcello Harris, Jacob Bondaruk and Joshua Wasiulewski clean toys at the Batavia Agri-Business Child Development Center.

Jacob Crimes cleaning a display case at the Holland Land Office Museum.

Charlie Burton and Ayden Dowd-Devay paint a door at HLOM, while in the background Eddie Goodenough vacuums. 

The Genesee Symphony Orchestra opens its 2019-20 season this Sunday at 4 p.m. with a concert in the auditorium of Pembroke High School.

The concert, "Symphonic Pictures I: Portraits" features "Prelude to the Afternoon of a Faun" by Debussy, "John Henry," by Aaron Copland, "The Swan of Tuonela," by Sibelius, and "Pictures at an Exhibition," by Mussorgsky.

This is the fourth season S. Shade Zajac leads the orchestra.

For casual fans of orchestra music or those who have never been to see an orchestra perform, this is an excellent show. The pieces are largely modernist and fun. The Mussorgsky piece is particularly exciting (watch the video) and Aaron Copland is perhaps America's greatest composer.  

If you watch the video, you will likely want to attend this show.

Tickets are $15 for adults, $10 for seniors, and students (with ID) get in for free. Tickets are available at Roxy's Music Store, GO ART!, The YNGodess Shop, Bank of Castile in Le Roy and at geneseesymphony.com.

Pembroke High School is located at 8750 Alleghany Road (routes 5 and 77), Pembroke.

A driver is suspected of following another car too closely on Route 98 in Alexander on Sunday at 7:02 p.m. when it struck another car that was also traveling northbound near Dodgeson Road.

Possible charges are pending following a blood analysis, according to the accident report filed by Deputy Brock Cummings.

James J. Moscicki, 39, of Geise Road, Attica, was reportedly driving a 1991 Ford sedan when the car struck a 2005 Pontiac sedan on Alexander Road. The Pontiac was driven by Laqueasha M. Taylor, 26, of Bank Street, Batavia.

After being struck, Taylor's vehicle began to spin, heading in a northwest direction and came to a rest on the west side of the road facing south.  Moscicki's vehicle continued traveling northwest and struck a fire hydrant. It then came to rest on the west shoulder facing north.

Both Moscicki and Taylor were transported by Mercy EMS to UMMC for evaluation of complaints of pain in their arms and shoulders.

Athena M. Short, 28, a passenger in Moscicki's vehicle, was not injured.

Illustration: Accident report drawing of the accident scene.

Deep Blue played in Saturday's finale of the Smokin' Eagle BBQ & Brew Battle of the Bands contest and finished second but this video, if you ask me, came out really well. You should watch it. It's Deep Blue performing the Paul Butterfield Blues Band's "Born in Chicago."

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The John Payton Project won the 2019 Smokin' Eagle BBQ & Brew's Battle of the Bands on Saturday night. Here's JPP performing the third song of their set.

Click here for coverage of Saturday's event.

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Van Detta Stadium was filled with soccer players and soccer fans on Saturday for "Super Soccer Saturday" with five soccer games on the pitch, including an alumni soccer game in the afternoon (top photo).

Games: 

• JV boys (Batavia beat Pembroke 4-2)
• JV girls (Batavia beat Greece-Odyssey 2-0)
• Batavia Alumni (Members from 1991-2019 played. Evens beat odds 4-1)
• Varsity Girls Sr. Recognition Game (Batavia beat Greece-Odyssey 4-0. Piper Harloff scored one goal and Katie Moore scored three).
• Varsity Boys Sr. Recognition Game (Batavia beat Pembroke 3-0)

Photos and info submitted by Carolyn Della Penna.

Batavia senior girls: Syd Della Penna, Maddie Taggart, Erica Flint, Azalea Wierda, Katie Moore, Liv Ells, Emily Janes, Bri Gutman.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.64, down a penny since last week. One year ago, the price was $2.89. The New York State average is $2.70 – down 2 cents from last week. A year ago, the NYS average was $3.

AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.68 (down 1 cent since last week)
• Buffalo -- $2.67 (down 1 cent since last week)
• Ithaca -- $2.66 (down 1 cent since last week)
• Rochester -- $2.69 (down 2 cents since last week)
• Rome -- $2.70 (down 1 cent since last week)
• Syracuse -- $2.58 (down 3 cents since last week)
• Watertown -- $2.66 (down 2 cents since last week)

At the close of Friday’s formal trading session on the NYMEX, WTI increased by $1.15 to settle at $54.70. Crude prices increased after more tensions in the Middle East that could lead to a disruption in global crude supply.

Crude prices also increased based on reports that OPEC and its partners could deepen production cuts next year in an effort to reduce supply, which would lead to higher oil prices. This was not reflected in pump prices, which are down slightly over the past week.

In the Fifth Annual Battle of the Bands at the Smokin' Eagle BBQ & Brew in Le Roy, after a summer-long competition, the John Payton Project came out on top in the finalist pairing of the season on Saturday night.

Second place went to Deeper Blue.

Here's a video highlighting last night's event. We'll have full-song videos from each band over the next two days.

Notre Dame went on a romp Saturday afternoon against Canisteo-Greenwood gaining 526 rushing yards and scoring seven touchdowns to remain undefeated on the season with a 49-6 win over the Redskins.

Jed Reese scored three of the TDs on 12 carries for 237 yards. Gabe Macdonald rushed for two TDs. He carried the ball seven times for 149 yards. Alex Totten and Dylan Warner each had second-half touchdowns, with Totten gaining 80 yards on seven carries and Warner picking up 39 yards on four carries.

Canisteo managed only 178 total yards, 87 on the ground and 91 passing.

Dakota Sica led the defense with 12 tackles. Macdonald had 10 and Reese had eight. Reese also intercepted a pass in the end zone to thwart a Redskins' drive.

Do you know who else is undefeated in Section V Class D? The Alexander Trojans.

The Trojans also had a big win this weekend, beating Cuba 56-7, setting up a big end-of-the-season showdown Friday night under the lights at Alexander High School. The two teams will be battling to become the number one seed in sectionals for Class D.

On Friday, the Trojans jumped to a 21-0 first-quarter lead and kept the ball rolling in the second quarter to go into the half up 42-7.

Dylan Busch was 15 for 20 passing for 287 yards and four touchdowns. He threw one interception. Kam Lyons caught six of those passes for 95 yards. Josh DeVries had two for 69, Ty Woods, three catches for 53 yards, and Connor Hollands had a big night at tight end, filling in for the injured Devin Dean, with two catches for 41 yards.

In the ground attack, Alexander spread the ball around with eight ball carriers picking up a total of 231 yards and scoring four TDs.

Hayden Walton led the team with 10 carries for 64 yards and two touchdowns. Ty Woods had three carries for 45 yards and one TD. Jay Morrison had six carries for 50 yards and one TD. Josh DeVries had two carries for 41 yards.

Defensively, Ethan Heineman had eight tackles. Hayden Walton had six tackles. Ty Woods and Nolan Quackenbush each had fumble recoveries on defense.

The Trojans Sophomore kicker Eric Cline was once again perfect going eight for eight on the PATs.

Also on Saturday, Batavia lost to Greece Arcadia 26-7.

In eight-man football, Oakfield-Alabama/Elba beat Dundee 56-6. Joshua Cramer gained 147 yards on 19 carries and scored one touchdown.

Oakfield-Alabama's open house on Thursday night was capped off by the music department's annual cabaret show, which featured some of the students' favorite show tunes.

Sources say the legislation necessary to implement a new 40-year sales tax sharing agreement between Genesee County and the City of Batavia has been delivered to the desk of Gov. Andrew Cuomo.

He now has 10 days to sign it or veto it or let the deadline pass (known as a pocket veto).

The bill incrementally shifts sales tax revenue previously shared with towns and villages with that revenue targeted to pay off bonds for a proposed $60 to $65 million jail and for water infrastructure projects.

As The Batavian reported exclusively two days ago, with the bill lingering in Albany, unsigned, the county was in danger of going without a sales tax agreement in 2020 and that County legislators felt it necessary to suspend the planning process for the new jail.

If the bill is signed, there will be a sales tax sharing agreement in 2020 and jail funding can be secured.

The state's Corrections Commission is requiring Genesee County to replace its substandard jail.

Previously: Plans for new $65 million jail put on hold while governor dawdles on sales tax legislation

A routine traffic stop on Route 33 in Byron on Thursday morning led deputies to the discovery of 47 bags of fentanyl inside the vehicle, according to the Sheriff's Office, and the arrest of three people from Monroe County on drug-dealing charges.

Taken into custody were:

• Marvelous C. Williams, 32, of White Swan Drive, Greece, charged with criminal possession of a controlled substance, 3rd, and criminal use of drug paraphernalia, 2nd;
• Chance J. Barnwell-McClary, 23, of Stunz Street, Rochester, charged with criminal possession of a controlled substance, 3rd, and criminal use of drug paraphernalia, 2nd; and,
• Raquel Chin, 30, of East Main Street, Rochester, charged with criminal possession of a controlled substance, 3rd, and criminal use of drug paraphernalia, 2nd.

Deputies Ryan DeLong and Jared Swimline also reported finding a large quantity of drug packaging materials.

All three suspects were arraigned in Town of Byron Court. Williams was ordered held on $20,000 bail or $40,000 bond. Barnwell-McClary on $15,000 cash or $20,000 bond. Chin on $10,000 cash, $20,000 bond.

The deputies were assisted by the Local Drug Task Force, Trooper Sean Gourdine and his K-9 "Ash" and the District Attorney's Office.

Press release:

The Batavia Police Department and Genesee County Sheriff’s Office has received an armored rescue vehicle from the U.S. Government’s 1033 program.

The program allows for departments across the nation to receive surplus military vehicles, for free, to use in special operations.

The vehicle received is called an MRAP, which stands for Mine-Resistant Ambush Protected. The vehicle was designed to withstand improvised explosive devices and ambush attacks. Due to its larger size, heavyweight, and big tires, it is also a perfect vehicle to use during flood situations and natural disasters.

The departments will take possession of the vehicle today and will begin retrofitting it with the necessary equipment to include paint, decals, lights/sirens, seating, and communications to make it suitable for law enforcement use.

The departments plan to use the vehicle for a multitude of duties to include, rescue operations during floods or natural disasters and high-risk law enforcement activities such as active threats/warrant executions, throughout the county.

This new addition will allow the departments to provide better protection to citizens in natural disaster situations and also protect officers who are involved in higher-risk law enforcement activities.

The Batavia Police Department and Genesee County Sheriff’s Office are proud to have this vehicle which better prepares the City of Batavia and Genesee County for any threat, both natural and man-made.

Previously:

• Chief says armored military vehicle would improve police rescue capabilities at low cost
• City moving forward, perhaps with county help, on request for MRAP from military

Sen. Rob Ortt, who is also a candidate for congression in the NY-27, spent much of his day in Genesee County on Wednesday, first attending the veterans town hall in Corfu about the new national cemetary, then paying a visit to The Firing Pin in Bergen, and then holding a meet-and-greet at Ken's Charcoal Pits & Bar-B-Q.

The Batavian caught up with Ortt at The Firing Pin.

The City of Niagara Falls is honoring David Bellavia at 3 p.m. Saturday with a Key to the City and Bellavia will deliver a talk, "Duty 1st with David Bellavia: Serving Country and Community."

Duty 1st is offering 50 percent off on tickets for this event to readers of The Batavian. Use this link to purchase the discounted tickets.

Press release:

The public is invited to "Duty 1st with David Bellavia: Serving Country and Community," a 3 p.m. talk by the Medal of Honor recipient, who will be honored by the Niagara Falls community with a Key to the City. In addition, there will be a full speaking engagement and meet-and-greet.

Since getting the Medal of Honor, Bellavia has had the honor to talk to audiences from children to World War II veterans all around the Country -- he’s talked about patriotism, and service above self and shared laughs and tears with folks along the way. Now, he will finally get to deliver a talk for his friends and neighbors, hosted by the Rapid Theatre in Niagara Falls -- where half the event will be a sit-down Q&A with the audience.

The Oct. 12 event will also serve as a kick-off for a new nonprofit organization created by Bellavia, called Deuce Deuce Relief Fund Inc., which will benefit soldiers from Bellavia's prior Task Force in Iraq (Task Force 2-2).

General admission tickets are $22 (Deuce-Deuce) at the door – but Batavian readers can get a 50-percent off discount right now by preregistering using promo code Batavian. There are also publicly available deep discounts for military, whether active or VET/retired (75-percent off), and Gold Star families (free) – available at checkout, with no code required.

Tickets are available at DavidBellavia.com or on EventBrite.com – but here’s the custom link with embedded discount code: https://www.eventbrite.com/e/duty-1st-with-david-bellavia-serving-country-and-community-tickets-72099291923?discount=Batavian. If there are any issues, just enter discount code: Batavian.

Staff Sgt. Bellavia also will sign copies of his book "House to House: A Soldier's Memoir," which will be for sale onsite during this event at the Rapids Theatre, 1711 Main St., Niagara Falls.

Prior video coverage of David Bellavia's Medal of Honor:

Construction has begun on the new Western New York National Cemetary in Pembroke though the initial plan for Phase I construction has been cut back because of budget constraints, Veterans Affairs officials told a gathering of veterans Wednesday in Corfu.

The 132-acre cemetery will accommodate the remains of 96,000 veterans over the next 70 years but veterans at Wednesday's meeting were most concerned about the here-and-now: delays in construction; the need to scale back Phase I; and either budget shortfalls or mistakes by the VA in estimating construction costs.

Congress originally appropriated $36 million for the cemetery but the VA is now asking for an additional $10 million to complete construction.

One of the key legislative supporters of the cemetery has been Sen. Charles Schumer and his regional director, Chris Zelmann told veterans Wednesday that the senator continues to support the project and will fight for more funding once the VA validates the need for the additional $10 million in funding.

"It's paramount to the senator to make sure the VA moves heaven and earth to make good on its commitment to honoring our heroes in Western New York to ensure they can use the benefits they've earned and deserve," Zelmann said.

The vast majority of men and women who served in the U.S. military and received any discharge other than dishonorable are eligible for free interment at a national cemetery. 

Burials at the cemetery are expected to begin as late next year but for veterans who wish to have their remains cremated, their families will have to wait until Phase I-B is completed, perhaps not until 2022.

That phase will contain a columbarium, an arc-shaped area with rows of columns that will hold boxes for cremated remains. 

One woman at Wednesday's town hall said she's been storing her husband's cremated remains for four years.

One reason for the delay in construction said James Metcalfe, the new director of the WNY National Cemetery (top photo), in his experience working with two different contractors -- each phase has different construction contractors -- simultaneously can make it difficult to accommodate funerals. The goal is to get one section open for burials as soon as possible, then finish that construction before the second contractor begins work.

"We want internment and ceremonies taking place while there isn't so much underway at the same time both to maintain safety and a level of decorum," Metcalfe said.

One veteran expressed concern about the plan to use, temporarily, a trailer to house members of the honor guard. He said being an honor guard is physically and emotionally taxing and on days when they are performing services for multiple funerals, the members need a place to rest, relax, eat, and "hang their hat." He expressed concern that a trailer wouldn't be adequate.

Metcalfe said that while he can't provide the exact specifications of the trailer, he assured veterans that it would be appropriate and comfortable for members of the honor guard.

Eventually, the honor guard will have a permanent structure appropriate to their needs.

Assemblyman Steve Hawley, while acknowledging the bipartisan support for the veterans cemetery, said it's important for veterans and their families to keep the pressure on federal elected officials to ensure the project is appropriately funded. He said veterans should keep emailing and writing letters in support of funding.

"These are the people who served their country and they deserve a place to be buried with honor and dignity," Hawley said. "I'm not blaming any of you (motioning toward the VA officials). Even though some of us come from different political parties, it doesn't matter when it comes to taking care of our veterans.

"Today, I emailed Senator Schumer and my contact in the Trump Administration. If it's the money, it shouldn't matter when it comes to taking care of our veterans."

Assemblyman Steve Hawley

Press release:

Nate McMurray, running for Congress in NY-27, is calling for Chris Collins, who recently resigned in disgrace after pleading guilty to insider trading and lying to the FBI, to return the Congressional salary he has collected since his indictment in August 2018.

McMurray sent a letter to Judge Vernon S. Broderick asking the judge to consider ordering Collins to return his salary and forfeit his pension as a part of sentencing.

While calling Collins’ case “inherently tragic” and expressing sympathy for Collins’ family and victims, McMurray also pointed out that Collins had profited from his deception of voters in his district and deserved to lose his salary as a result.

“Following his guilty plea last week, Mr. Collins has admitted that his actions were in fact illegal; that he knew they were illegal; and that his claims of innocence were false. With his reelection predicated on an admittedly false claim of innocence, I urge that in sentencing, you recognize this fraud on the taxpayers of this nation and the people of New York’s 27^th Congressional District and require him, in addition to whatever other penalties you deem appropriate, to repay his salary from the date of his indictment until his resignation and forfeit his taxpayer-funded pension,” McMurray wrote.

After months of proclaiming his innocence, Collins changed his plea to “guilty” last week and admitted in court that he knew what he was doing was illegal.

A copy of McMurray's letter can be seen below:

Honorable Judge Broderick,

I am writing to you to express my thoughts regarding the sentencing of Chris Collins. 

Last year, I ran and lost a race to replace Mr. Collins in the United States House of Representatives. I am proud of that campaign and our opposition to Mr. Collins. I say this to fully disclose any perceived bias or subjectivity. I share my comments with full sincerity and an understanding of the possible consequences of my words. 

First, I want to acknowledge that much about this case is inherently tragic. A district has been denied its due representation in Congress; an individual of great promise, a fellow Eagle Scout no less, betrayed his constituents and will forever have his name tainted; a son followed his father’s request and now stands on the verge of incarceration and a lifetime defined by a criminal act not of his own creation. I have true sympathy for everyone caught up in Mr. Collins’ web of illegal activity and look forward to our district moving on.

Nevertheless, justice must be served, and Mr. Collins’ actions and character must be examined. Following the indictment in August of 2018, Mr. Collins continually lied to voters by proclaiming his innocence and ultimately won re-election. As a member of Congress, Mr. Collins said he worked for his donors—not the people of Batavia, Hamburg, Canandaigua, Warsaw, or the countless other small towns and communities within New York’s 27^th District. Following his guilty plea last week, Mr. Collins has admitted that his actions were in fact illegal; that he knew they were illegal; and that his claims of innocence were false. He knowingly abused the trust of the people of Western New York.

I stand with many who are angered by Mr. Collins’ actions, but I find some discomfort celebrating anyone’s demise, even his. However, with his re-election predicated on an admittedly false claim of innocence, I urge that in sentencing, you recognize this fraud on the taxpayers of this nation and the people of New York’s 27^th Congressional District and require him, in addition to whatever other penalties you deem appropriate, to repay his salary from the date of his indictment until his resignation and forfeit his taxpayer-funded pension.

Sincerely, 

Nathan D. McMurray

Le Roy's volleyball team is now 12-0 on the season after beating Brockport at home Wednesday night in three sets, 25-23, 25-17, and 25-17.

Next up for the Knights: The Waterloo Tournament on Saturday.

Photos and info courtesy Tim McArdle.

In volleyball, Pavilion beat Warsaw in three sets on Wednesday. Set scores: 25-21, 25-18, 25-22.

Shannon Campbell had 20 assists. Addy Milligan had eight kills and four aces. Karlee Zinkievich had five kills and six digs. Lauren Kingsley had six kills and four aces. Paige Landers had five kills.

Photos and information by Ryan Paddock.

Top photo: Kodi Beehler serving in Set One.

Shannon Campbell with a backset in Set 2.

Lauren Kingsley up for the kill.

Paige Landers with defensive control of the net.

Many months of effort by Genesee County to replace its aging, legally out-of-compliance jail came to a standstill Wednesday night when the County Legislature, by consent, agreed to hold off on new jail plans until Gov. Andrew Cuomo signs sales tax agreement legislation that is necessary for the county to fund the jail.

The jail could cost as much as $65 million, which is money the county must borrow (through bonds) and the county won't be able to get those bonds without the 40-year sales tax agreement that will generate the revenue to pay back the loans.

The county and the city hammered out the agreement over the course of months of negotiations about how to divide the local portion of sales tax collected in the county and both elected bodies approved the agreement. The necessary legislation then went to the Assembly and Senate and was approved.

The bill now sits on the Senate president's desk awaiting a request by Gov. Cuomo to see it.  

He hasn't requested it and nobody knows why. It might be that there are 500 other bills on the Senate president's desk awaiting Cuomo's request, but nobody is sure if that's really the issue. Attempts by local officials to get an answer from any source, including the governor's office, have gone unanswered.

Meanwhile, the city and county don't have a sales tax agreement in place for 2020 and if they're going to have an agreement, absent the governor signing the 40-year-agreement bill, they must act fast.

The two municipalities could agree to extend the current agreement by a year or even extend it for 10 years. Either option could be approved on the State Comptroller's signature, without new legislation, but either option would also delay building a new jail by either length of time.

Once the governor requests the bill, he has 10 days to sign it or veto it, or he could do nothing, which is called a pocket veto. He could also let it sit on the Senate president's desk until Dec. 31, which is also a pocket veto.

If the bill isn't approved before Dec. 31, the whole process of approving a sales tax agreement would need to start from the beginning next year.

Neither the county, of course, nor the city, can wait until Dec. 31 to see if the governor will sign the bill. They need to approve a new sales tax agreement, if this one isn't approved, within weeks so there is time to get it approved by the comptroller's office and have it in place for 2020.

If there's no sales tax agreement, the county and city will not be able to fund normal government operations typically covered by sales tax revenue.

Chairman Robert Bausch is drafting a letter to the corrections commissioners informing them of the bind the county is in and asking if they can intervene with the governor's office.

County Manager Jay Gsell said the commission has been patient with the county over its current substandard jail on the premise that the county has been working toward building a new facility. 

Sheriff William Sheron said that a letter from the county might help extend that patience and at least put the commissioners on notice of the issue the county is facing.

Wednesday's meeting was initially called for the entire legislature to discuss jail plans and decide what would be included in the jail -- such as how many beds and pods construction contractors would be asked to bid on.

Some of that discussion took place, with an apparent agreement being reached on a four-pod jail with 184 beds. That would give jail staff the most flexibility in maintaining order and keeping different types of jail inmates, based on mental health issues and other factors, in appropriate housing.

After that discussion, Bausch brought up the sales tax issue and said he didn't see how the county could authorize the architect to start designing the facility because once the design is done, without a sales tax agreement, the county wouldn't be able to put the project out to bid because it couldn't get the project bonded.

"That would be pretty embarrassing for the county," he said.