The management of Blue Heron Construction, out of Jordan, is a little baffled about why they didn't get the contract for the sewer project at the Genesee Valley Agri-Business Park.

Genesee County Economic Development Center awarded the contract to Sergi Construction out of East Aurora even though Blue Heron's bid was $200,000 lower than Sergi's.

"It just seemed quite strange to award the contract to the second bidder," said C.W. Gregory, chief of operations for Blue Heron.

Blue Heron bid $2,024,101.50. Sergi bid $2,227,810.

Mark Masse, VP of operations for GCEDC, listed three main reasons the agency went with Sergi over Blue Heron.

First, according to Masse, Blue Heron officials admitted that they didn't have time to fully review the specs for the job. Clark Patterson Lee, the architect of the project, raised a concern that Blue Heron's bid didn't fully account for all the possible variables in the project.

Second, Clark Patterson's staff expressed concern that Blue Heron underestimated the amount of epoxy that would be needed to complete the project. The difference could mean from $20,000 to $60,000 in additional cost, while, according to Masse, Sergi overestimated the amount of epoxy needed by $60,000.

Third, Blue Heron, Masse said, has more projects in the pipeline than Sergi.

"Blue Heron has a sizable backlog of work," Masse said. "We were concerned that they would not be able to meet the aggressive time line that we needed them to meet in order to complete the project on time."

The first project in the agri-business park, Alpina products, is scheduled to break ground before the end of summer and GCEDC is contractually obligated to deliver a sewer system up to spec and on time.

Matt Rodenhizer, V.P. of Blue Heron, said he doesn't think GCEDC can legally bypass the low bidder based on the amount of work the low bidder has under contract. He also said that even if more epoxy was need, the Blue Heron bid would still be more than $70,000 lower than Sergi's.

The company is considering legal action and is also waiting on a letter of explanation from Clark Patterson that Rodenhizer said he isn't sure they will get, even though they've requested one.

Gregory said when it came to specifications for epoxy, the bid document and the spec document weren't necessarily aligned and even Clark Patterson's reps seemed confused on the point when Blue Heron interviewed for the job.

Gregory and Rodenhizer disputed Masse's claim that Blue Heron hadn't thoroughly reviewed the documents.

They also said the company has more than enough manpower to complete the project on time.

"They don't know how big of a company we are," Gregory said. "We could have put two or three crews on the project to get it done on time."

Currently, Blue Heron has four contracts totaling more than $5 million on other projects through Clark Patterson that are closing out or well under way, said Rodenhizer.

"We've never had a problem with Clark Patterson before," Gregory said. "We've worked well with them and it was a shock after the fact not to get the contract."

Eric Dibble dabbled in a couple of different careers, but in the end decided what he would be best at was the one career he grew up learning about -- law enforcement.

"I'd always been interested in police work with my father being in it while I was growing up," Dibble said. "I worked a few other jobs outside of college, but I just didn't feel any kind of satisfaction in the careers I had chosen. At one point, I stopped and started thinking again about law enforcement. I decided that working at a career I was interested in was probably the most important thing."

While Dibble is now an officer with the Batavia Police Department, his father remains in a senior position with the Genesee County Sheriff's Office, and he had only one question about his son's career choice.

"To be honest, the biggest thing I said to him was are you sure you want to work shift work and have Tuesdays and Wednesdays off," said Deputy Chief Gordon Dibble. "That’s the first thing I said. I think everything I said to him was all about working holidays and working shift work and how that affects your family."

Dibble said being the son of a well-known cop in the community has its benefits, but the Dibble name in law enforcement also carries weight.

"I think some people give me the benefit of doubt because of it and they think I can do a good job, but I also have to live up to any kind of expectations," Eric said.

While some fathers in law enforcement might warn their sons away from such a career, Gordon said that never entered his mind.

"I've known police officers who have told their kids not to go into this career, but I think Eric is capable of doing a great job," said Gordon.

He also couldn't have picked a better community for a career in law enforcement, the chief said.

"I think the Batavia Police Department is a great department and I think the fact that he’s working there is great," Gordon said. "We all think it’s a nice area or we wouldn’t live here. I think it’s a good area to be a police officer in. I don’t know that I’d want him to be a police officer in an urban setting, but I think around here, I think it’s a great place to live and a great place to be a police officer."

WBTA's Geoff Redick conducted an in-depth interview with Gordon and Eric Dibble. Segments will air Thursday at 6, 7 and 8 a.m. The entire interview will air during Friday's Main and Center.

Photo below submitted by Gordon Dibble, taken at Eric's graduation from the police academy in Monroe County.

A wire is in a tree and arcing in the area of Route 19 and Parmelee Road, Le Roy.

Le Roy Fire Department responding.

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After the success of its first effort a year ago, the First Presbyterian Church of Elba has organized another 5K Run/Walk in Elba for 9 a.m. Aug. 20.

The course is a lovely country route through some of the back roads of Elba. (See the website for a specific course map.) There will be a water stop at the turn around point, and refreshments will be available after the race.

The first 75 registrants will receive a T-shirt.

Participants can pre-register, either online at www.elba5k.com or by sending the completed registration form (available online) and payment to Dave Bateman (address listed at the bottom of the article), or they can register on race day.

Race day registration begins at the Elba Veterans Memorial Park at 8 a.m. and ends at 8:45 a.m. All participants must meet at the park during that time to receive their number and confirm their attendance. 

Registration fees are as follows: 

Before Aug. 13: $15 (under 18: $12)

Race Day: $18 (under 18: $15)

Family rate before Aug. 13: $12 per runner (multiple runners at same household, mail forms together)

Sponsorship forms are also available online.

All proceeds of the race will be used toward the mission and ministry of the First Presbyterian Church of Elba.

For more details, see www.elba5k.com. 

Where to send your registration form and payment: 

Dave Bateman, 5 Lincoln Ave., Batavia, NY 14020

When you drive past the Pok-A-Dot today, you may notice a purple bench you've not seen before. It was installed today in honor of John Gardner, the world-famous novelist, poet and literary critic who grew up in Batavia and once considered the Pok-A-Dot his favorite eatery.

The bench, which cost a little less than $2,000, was bought and paid for by the John Gardner Society and installed by a city work crew.

"We wanted the bench to be in the spirit of both the Pok-A-Dot and John Gardner," said local author and Gardner Society member Bill Kauffman. "So, it is, ah, colorful (purple and yellow). Who knows -- maybe we'll paint polka dots on it later. Gardner once said,  'I think a writer who leaves his roots leaves any hope of writing importantly.' Well, his roots haven't forgotten him."

Kauffman said the group has talked for years about sponsoring a memorial for Gardner. Since the group holds its annual Gardner reading each October at the Pok-A-Dot and he included "the Dot" in one of his novels, it seemed like an appropriate spot for a memorial.

"We figured why not put a Gardner bench in front of this literary-culinary capital of Batavia?" Kauffman said.

Leona Pastore, whose family owns the Pok-A-Dot, was enthusiastic and helpful, Kauffman said. He also thanks City Manager Jason Molino for supporting the project and Ray Tourt and his staff for their assistance.

The plaque reads: JOHN C. GARDNER / Author, Teacher / 1933-1982 / Born in Batavia and raised on the family farm on Putnam Settlement Road, Gardner published more than 30 books of fiction, literary criticism, and advice for writers. The novel that brought him national recognition, The Sunlight Dialogues (1972), is set in Batavia and environs, including the Pok-a-Dot restaurant.

A home on Creek Road in Bethany was burglarized during the day Monday and thieves got away with jewelry, a flat-screen TV and liquor, according to Deputy Chief Jerome Brewster.

It's the first daylight burglary reported to the Genesee County Sheriff's Office in some time, Brewster said, but there have been some recent daylight burglaries in Wyoming County.

"This one is possibly related," Brewster said. "We've been in regular contact with Wyoming County (Sheriff's Office).

A check in the neighborhood did not turn up any witnesses.

Deputy Chad Mower took the initial call and Investigator Roger Stone is now heading up the investigation.

Anybody with information that may help in the case can call 345-5000.

John P. Wittkopp, 28, of 24 Columbia Ave., Batavia, is charged with harassment, 2nd, and strangulation, 2nd. Wittkopp turned himself in at police headquarters Monday following an investigation into an alleged incident on Sunday. Wittkopp is accused of striking a woman in the head and pinning her to the ground with a shower curtain, obstructing her breathing.

A 16-year-old of East Main Road, Le Roy, is charged with harassment, 2nd. The youth is accused of shoving another person during an argument.

Christina M. Maynard, 30, 501 Third Ave., Dayton, Ky., is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Maynard was stopped at 8 p.m., Tuesday, on Jefferson Avenue by Officer Matthew Fleming. Maynard was jailed on $2,500 bail.

Paul M. Paradise, 31, of 9 W. Main St., Waterloo, is charged with criminal contempt, 1st, and harassment, 2nd. Paradise is accused of sending numerous text messages to his estranged wife in violation of an order of protection.

There were no arrests and only two citations issued in conjunction with the Selena Gomez concert at Darien Lake Performing Arts Center on Tuesday.

Issued citations for alleged underage drinking were:

Kyle R. Hejmanowski, 19, of Weaver Street, Buffalo

Marissa L. Bogdan, 18, of Shirley Road, Cheektowaga

New York Times: Cuomo Weighs Ending State Limits on Casino Gambling

This Saturday, Aug. 13, the East Pembroke Volunteer Fire Department will be hosting its 4th annual 4-wheeler Mud Races. Registration begins at 10 a.m., and the racing starts at 1 p.m. The cost is $15 per wheeler and $10 per spectator. Kids under 11 get in free. The event will be located directly behind the East Pembroke Fire Hall at 2623 W. Main St. Road, East Pembroke. 

This is going to be a huge event, with racers coming from as far away as Canada, and Rome, New York!

The day doesn't end when the races do either! So what else is going on?

T-shirts:

They will be selling 2011 EPFD mud race T-shirts throughout the day. They will be available in pink, and black, and sizes from S-3XL. They will cost $15-17 depending on size. Here's the cool part: $1 from every T-shirt sold will be donated to Breast Cancer Awareness and Prevention!

Mud King/Queen:

A footrace through the mud pits! The winners will be crowned the Mud King and Queen! Who's ready to get muddy!?

Raffle:

More than $5,000 in prizes will be raffled off this year! Tickets are $5 each, or a book of five for $20. Tickets may be purchased online at www.EastPembrokeFire.com/raffle-tickets, or in person on the day of the races. You need not be present to win. The prizes are as follows:

1.) $1,000 Cash Grand Prize!

2.) 50-inch Flat Screen TV

3.) Max Pies Recliner

4.) Artemis Spa Package 

5.) 42-inch Flat Screen TV

6.) $400 Cash

7.) Power Tool Set

8.) $250 Cash

9.) $150 Cash

10.) $150 Cash

Beer Tent:

The day will end with our beer tent, and a live performance by the band "Savage Cabbage" beginning at 5 p.m. Don't miss it!

For more information, please contact Julie Waldron at 585-813-5330 or Dale Lewter at 585-356-3015.

There is reportedly smoke coming from the roof of a residence on Route 20 in Alexander.

There is the smell of smoke in the house.

The residence is being evacuated.

Alexander Fire Department and Town of Batavia's ladder truck being dispatched.

The location is 3076 Broadway Road, Alexander.

UPDATE 6:01 p.m.: The smoke appears NOT to be coming from the residence, but another location. Alexander units being held in quarters and Town of Batavia can return to its hall.

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Press release: 

BATAVIA, NY – Tonight’s game between the Batavia Muckdogs and Brooklyn Cyclones has been postponed due to rain and wet field conditions. This game will be made up as part of a double-header on Wednesday, Aug. 10. We will play two seven-inning games, with the first game starting at 5:05 p.m. Gates will open at 4 p.m. Any person with tickets to tonight’s game can exchange their tickets for any other regular season game, subject to availability.

The Rob Ray autograph appearance will be rescheduled for Saturday, Aug. 27. 

The Sheriff's Office and Darien Lake security are investigating a series of thefts from vehicles parked at the theme park, including four over the weekend, according to Deputy Chief Gordon Dibble.

There have been a number of thefts in the day-use parking lot park, Dibble said.

In some cases, women's purses have been taken from one car and later found in another car.

Many of the larcenies have involved forceable entry with the cars being damaged in the process.

Items taken include purses, electronics, money and other valuables. 

At this time, no witnesses have come forward and the Sheriff's Office has no suspects.

Anybody with information that may aid the case can call (585) 343-5000.

(Initial report)

United Memorial Medical Center is contributing $50,000 toward the construction of a new veterans' memorial at the corner of Bank Street and Washington Avenue.

The total price of the project is about $500,000 and local veterans groups have been working diligently to raise the funds.

The former memorial was removed to make way for the new surgical wing at UMMC.

Pictured are Ron Konieczny, left, Dan Waterman, Beth Lapp, Hall Kreter, Marc Schoell, Paul Gaylord, Steve Hawley, Paul Sullivan, Assemblyman Steve Hawley and Clayton Fry.

Lt. Eugene Jankowski, left, was pretty amazed to find his police vehicle suffered no apparent damage after being struck at the intersection of Main and Center streets shortly after 1:30 p.m.

Officer Eric Dibble is handling the report on the accident.

The other vehicle suffered only a tweaked license plate. The other driver reportedly ran a red light.

Press release:

Batavia, NY – The 2011 New York-Penn League All-Star roster will include a league high of six players from Batavia. They will send catcher Juan Castillo, infielders Joey Bergman and David Medina, and pitchers Jonathan Cornelius, Seth Maness and Todd McInnis to the game to be held Tuesday, Aug. 16 at LeLacheur Park in Lowell, Mass.

Perez was an undrafted free agent signing in 2006 and has started 27 games as catcher for the Muckdogs this season. He is currently batting .327 with eight doubles and 15 RBI’s. Castillo has also been solid behind the plate this year and has helped guide the pitching staff to a team ERA of 3.85.

Bergman, a 33rd round pick in the 2010 draft, will be making his second consecutive all-star appearance and has been among the league leaders in hitting all season. Bergman currently ranks fifth in the league in hitting, with a .320 batting average, to go along with eight doubles and 17 RBIs.

David Medina was signed by the Cardinals as an undrafted free agent in 2006 and is enjoying a stellar first season with the Muckdogs. His seven home runs are tied for fourth in the league and his 33 runs scored are third in the league. Medina who plays a mixture of first base and outfield, was selected as a first baseman for this year’s squad.

A 24th round pick out of Florida Tech, Cornelius is 1-2 with 37 strikeouts in 11 outings for the Muckdogs. The left-hander’s ERA of 2.85 ranks him ninth in the league and hitters are only hitting .194 against him, good for second in the league.

St. Louis drafted Maness out of Eastern Carolina in the 11th round of the 2011 draft. He has appeared in nine games and has a 0-0 record with a 0.52 ERA. In 34.2 innings of work, he has struck out 27 batters and only allowed 20 hits.

McInnis, a 25th round pick out of Southern Mississippi, is third in the league with 2.12 ERA and a record of 3-2. His WHIP of just 0.92 leads the league and batters are hitting just .208 against him.

Batavia holds the fourth-place spot in the Pinckney Division with a record of 24-26. This marks the third time in four years that the Muckdogs have sent at least five players to the All-Star game. The Muckdogs sent five players to the 2008 All-Star game, three in 2009 and five in 2010.

Photo: Joey Bergman from earlier this season. By Howard Owens

If you're the guy who wants to walk down to your neighborhood park afterwork, kick back and drink a beer, Councilman Frank Ferrando has a message for you: Use your own backyard.

Ferrando was among five Batavia council members on Monday to vote in favor of a change in the local code banning adult beverage consumption, without a permit, in picnic areas in public parks.

Drinking was already banned on all publicly owned property in the city, with the exception of picnic areas.

"We keep having the example of the guy who wants to have a beer in the park," Ferrando said. "He can have the beer in his back yard if he wants to have a beer. We don't want to have somebody seriously injured because he drove to the park, got drunk and then got in his car. The guy doesn't need to have a beer in that park."

John Roach and Dan Jones (inset) both used the public comments section of the council's agenda to speak against the proposed ban.

"It has nothing to do with public safety and it has nothing to do with public health," Roach said. "There are plenty of laws in place to deal with disorderly conduct or throwing trash around, but this is unnecessary. It's just something to keep people you don't particularly like out of the parks."

Jones, a candidate for city council, called the change in the law an affront to personal liberty.

Roach said he found it ironic that it was the Republicans (supposedly the party of individual freedom) on the council pushing for the change in the law.

Ferrando said the decision had nothing to do with politics.

"Whether it's Republican or Democrat, I don't know what that means," Ferrando said. "I think we all vote our conscious and what's best for the community. I don't think any politics is involved."

Rosemary Christian was among the three Democrats -- along with Kathy Briggs and Sam Barone -- who voted against the change.

"It's a violation of my rights," Christian said. "I pay for the right to enjoy these parks. If I want to smoke, if I want to have a beer, without bothering anybody else, without hurting anybody, without destroying property, then it's a matter of rights."

Even before the change, it's not like the guy with the beer could go toss a line into the Tonawanda Creek and pop open a Miller High Life, nor could he take his girlfriend down to Ferrell Park and spread out a picnic blanket and uncork a bottle of pinot noir. Alcohol consumption outside of the picnic areas -- defined, it seems, as the pavilions, was already illegal.

Now the guy with the beer needs to apply in advance for a permit, which will cost him $25.

A motor-vehicle accident, unknown injuries, is reported on Attica Road at the railroad underpass. Alexander Fire Department is responding.

UPDATE 12:35 a.m.: The roadway is reportedly blocked.

UPDATE 12:37 a.m.: There is said to be one patient just north of the accident scene.