Today is stormy, but yesterday was a beautiful day and it came with a pretty gorgeous sunset. I stopped on South Main Street Road next to the Tonawanda Creek for this picture.

To kick off the third annual Battle of the Bands at the Smokin' Eagle BBQ and Brew in Le Roy last night, the owners and management presented a check for $2,600 to the Golisano Children's Hospital in honor the White Family.

The money was raised during last year's Battle of the Bands.

Trisha White, holding the check, credits Golisano's with saving the life of her daughter, Jamie, left, who was born at 25 1/2 weeks and weighed just one pound, seven ounces. Now 12 and doing well in middle school, she's holding a picture of herself at birth with her father's wedding band around her ankle.

"That's how tiny she was," Trisha said.

The Battle of the Bands runs all summer and into October with performances every Wednesday night at the Eagle. Last night, Invictra kicked off the series.

On Wednesday, residents, first responders and tow-truck companies gathered in the parking lot behind the Falleti Ice Rink for a ceremonial tribute.

The Spirit Ride is a national campaign dedicated to promoting the new move-over laws for first responders and tow trucks, drawing attention to the sacrifices made. A symbolic casket was relayed from one tow truck to another, with a procession following, carrying the casket to Buffalo.

Press release:

Today, the City of Batavia submitted an application for Governor Cuomo’s Downtown Revitalization Initiative (DRI), a statewide competition in which each region will select a winner. Batavia was a Finger Lakes Region finalist in 2016.

Agriculture and food production, next-generation manufacturing, entrepreneurship and pathways to prosperity pillars are shared priorities in Batavia that align with the priorities of the Finger Lakes Regional Economic Development Council. Batavia’s application highlights the progressive quality of life policies and further focuses on placemaking and innovation.

“The City Council has been actively engaging our residents over the last few years with planning around the Batavia Opportunity Area, the 2016 DRI process, the 2017 Comprehensive Planning process and other strategic initiatives that the city has completed,” said Eugene Jankowski Jr., City of Batavia, City Council president.

“This type of investment in Batavia will attract investment and boost the entrepreneurial climate, improve environmental quality and create ethnic diversity in order to enhance the City’s central business district.”

The City’s DRI application describes the current conditions of City and identifies the Batavia Business Improvement District (BID) as the target area for DRI investment to grow jobs, increase regional wealth, drive private investment and reduce poverty. Local stakeholders defined market-based strategies that place emphasis on:

• Arts, Culture & Entertainment;
• Healthy Living & Wellness; and,
• Prosperity for All.

Batavia’s Downtown is a vibrant and robust area with approximately 2,000 people at work among 220 businesses. It is estimated that 12 million pass through the district on an annual basis. DRI investment will literally build around impending Downtown investments like Savarino Companies’ Ellicott Station. The application further identifies a range of projects that would be catalytic to reviving downtown.

The City of Batavia launched a community campaign earlier this year to cause $100 million additional public-private investment to enhance the City by 2022. Winning the $10 million DRI award would be catalytic and fully leveraged to achieve Batavia’s investment goal.  

Ray Cianfrini, chairman of the Genesee County Legislature, said, “signing the BP2 agreement to redirect PILOT payments into an infrastructure fund for the City of Batavia was a critical policy that County leadership strongly supports. Now that BP2 is off the ground, Batavia is ready for $10 million to revitalize Downtown, attract more residents, businesses and entertainment to enhance the quality of life.”  

Pat Burk, Batavia City School Board president, said, “Our district is working hard to link students with careers in STEM, trades, agriculture and other industries that are growing in the Finger Lakes region, but unfortunately too many of our children are living in poverty and we all must work together to change that.”

Steve Hyde, president and CEO of the Genesee County Economic Development Center, said, “The Governor’s DRI competition provides an amazing opportunity to revitalize the City’s economy. We need to create offerings in the arts, culture and entertainment to attract the creative class to live and work in our urban center.”

Pierluigi Cipollone, president of the Batavia Development Corporation, said, “A $10 million Downtown revitalization grant would drive the economic transformation already taking shape in the City to a new level. DRI also introduces a new approach to celebrate the City’s rich entrepreneurial traditions, cultural appreciation, and the possibility to create more vibrant places.”

Beth Kemp, director of the Downtown Batavia Improvement District, said, “Downtown revitalization impacts not only Downtown, but the community as a whole. Enriching the Downtown with arts and entertainment strengthens the whole community here, both economically and culturally. It's exciting to see all stakeholders see the value of investing strategically and collaboratively in Downtown."

Press release from Assemblyman Steve Hawley:

“Today’s celebration of Flag Day is a powerful reminder of both the downfalls and triumphs our country has gone through in the past to get to where we are today. It was made the official flag of the United States in 1777, and although the American Flag has undergone some changes, it has remained a constant symbol of pride, hope and inspiration for our country and will for many years to come.

“I don’t think there is any other country that is as proud of their flag and what it represents as the United States of America. I hope many of you will join me this year in honoring the American Flag by displaying one at your home to show your love and pride in our great nation.”

Two dogs are locked in a black Ford Explorer in Row 7 at Walmart with the windows rolled up.

A deputy has been dispatched.

More than a dozen members of local law enforcement carried the Special Olympics torch on a run from Elba to Batavia this morning, starting at the Arc of Genesee Orleans center in Elba to the facility on Walnut Street, with a stop at the Arc Community Center on Woodrow Road.

Press release:

A Family Court petition has been filed against a 15-year-old who was the alleged driver of the gold Ford Taurus which was involved in the motor vehicle / pedestrian accident on Allen Street in Batavia at approximately 3:16 p.m. on May 27. The juvenile will have to appear in Family Court sometime in July. The 32-year-old female victim was treated and released at a local hospital.

Previously: Woman saves son before car strikes her and two dogs

Summer is here. Mini Golf is, too. Terry Hills Miniature Golf Course opens Friday, June 16th! Excitement for all ages as you putt your way over ramps, bridges, dips & other fun obstacles in pursuit of those Hole-In-Ones! Bring Dad this Father’s Day and he plays for FREE (and if you let him win, that’s OK, too).

Make it a day and stop into the restaurant before or after you play for a delicious lunch, dinner or Sunday Brunch! Click here for our menus (Restaurant Hours: Mon-Fri 11-9, Sunday Brunch 10-2). Terry Hills is located at 5122 Clinton Street Road, Route 33, Batavia, NY. (585) 343-0642

A police officer was able to clean up a bunch of nails found in the roadway of Ellicott Street and Ellicott Place, Batavia, a few minutes ago.

When the nails were first discovered, he requested a public works crew to the scene but canceled the call after getting the nails picked up.

This is the second incident today involving nails found in a road. There was a report about three hours ago of nails in the roadway at Bank Street Road and Assemblyman R. Stephen Hawley Drive.

(file photo)

A 32-year-old woman accused of endangering a disabled person in an accident on Fargo Road, Stafford, a year ago entered not guilty on a three-count Grand Jury indictment in County Court this morning.

Nicole Kimberly Sullivan, currently of Mt. Morris (in the past year, she's also lived in Wyoming and Perry), is charged with: second-degree assault, a Class D violent felony; endangering the welfare of an incompetent or physical disabled person in the first degree, a Class E felony; and leaving the scene of an accident without reporting it, a Class E felony.

Sullivan has hired David Silverberg to represent her and the attorney told Judge Charles Zambito that he will be filing motions in the case, including a motion to suppress at least one witness statement. A hearing on the motions was set for Aug. 16.

At 2:30 a.m., June 10, 2016, Stafford fire and Mercy medics were dispatched to Fargo Road for a car that had struck a tree.

Only one person, an apparent passenger who had suffered serious injuries, was located in the vehicle. After extricating the passenger and getting him aboard an ambulance, firefighters scoured the area looking for the driver, unsure if the driver had been ejected, had tried to leave the scene but was injured and in need of assistance or exactly what happened.

The assault charge stems from Sullivan's alleged recklessness in driving.

Sullivan allegedly called her husband to come and pick her up and ADA Shirley Gorman told Zambito today that, if not for an alert area resident who spotted her before she was picked up, were deputies able to identify her.

That was one reason Gorman said she opposed in Town of Stafford Court the defendant being released on her own recognizance. She renewed her request today for bail in the case or at least a release under supervision.

Zambito ordered supervision of Sullivan by Genesee Justice. Because Sullivan currently lives in Livingston County, has parents in Wyoming County and her attorney is in Erie County, Zambito amended the release order to allow her to travel in those counties, plus Genesee County.

One of two men involved in a forced-entry burglary in Le Roy last year was sentenced to five years probation today, but the consequences of his crime could be a little more difficult to overcome.

William J. Hixenbaugh, 28, of Lake Street, Le Roy, is on the hook for the entire $1,500 in restitution claimed by the victim.

Typically, co-defendants in the same crime would be ordered to split the restitution, but Hixenbaugh's partner was sentenced before the victim had filed a restitution claim, so the judge couldn't order restitution at the time of sentencing and restitution can't be added to the sentence retroactively.

If Hixenbaugh can't convince Carl M. Vander, 23, also of Le Roy, to split the difference, he will need to file a civil suit against Vander.

Hixenbaugh and Vander were arrested by Le Roy PD at the end of March following a six-month investigation into the burglary. They stole a television and mobile phone.  Those items were reportedly recovered.

They also damaged property during the burglary.

Judge Charles Zambito could have sent Hixenbaugh to jail for six months under terms of the plea deal but gave him probation even while expressing doubts about his character.

"I find the explanation you provided unbelievable," Zambito said. "If that attitude continues, you're going to have a hard time making it through five years of probation."

ADA Kevin Finnell argued for some jail time, suggesting the defendant hadn't accepted full responsibility for his crime, saying Vander was the instigator.

"It seems Mr. Hixenbaugh has an excuse for everything he does in life," Finnell said.

Hixenbaugh will be paying back the $1,500 in $50 installments over the next 30 months.

Press release:

Congressman Chris Collins (NY-27) today released the following statement in response to today’s shooting in Alexandria, Va.:

“Today’s attack on Whip Steve Scalise, Members of Congress, the Capitol Police, and congressional aides is absolutely devastating. For those injured, we all send our prayers for a speedy recovery. If it weren’t for the brave men and women of the Capitol Police, this attack would have resulted in an even greater tragedy and I, along with my colleagues, are thankful for their service.

“While it is apparent that the shooter was a zealot with an intention to cause harm, it is important that we all be cognizant that our words have strong meaning. It’s time for all of us, including myself, to tone down our rhetoric and recognize that we are all of one country and all proud Americans.”

Pembroke senior Kilian Lewis, captain of the track and field team, earned third place in the Class D2 state championship this past Friday with a discus throw of 159' 8". The finish earned him a spot in the Federation Games on Saturday, and he earned third, among all schools, large and small, with a throw of 161'.

Lewis, who holds the school record with a throw of 164' 6.5", will compete for St. John Fisher College next year.

Photos and info submitted by Aaron Burch.

Press release:

Genesee Community College's Board of Trustees set 2017-2018 tuition at $2,025 per semester for full-time students, an increase of $50 over 2016-2017 tuition. Tuition for part-time students will be $165 per credit hour, an increase of $5. Genesee's tuition and fees will remain among the lowest among all State University of New York colleges, President James M. Sunser noted.

Trustees also approved a $40.92 million operating budget for the coming fiscal year, Sept. 1, 2017 to Aug. 31, 2018, up less than 1 percent from the current $40.54 million budget. The budget is a maintenance-of-effort budget, said Sunser and Vice President for Finance and Operations Kevin P. Hamilton.

The operating budget:

Funds all of the College's academic programs and services at current levels;

Provides for the heating, lighting and maintenance of the new Student Success Center and Richard C. Call Arena;

Seeks an increase of $50,000 in annual support from the Genesee County Legislature, sponsor of the College.

Anticipates New York State aid totaling $10.61 million, significantly less than the one-third funding anticipated as part of the state legislation creating the SUNY system.

Although the College has named seven success coaches as part of its innovative new success coaching program for students, the College has not increased the total number of student services staff members. With careful planning, the College reorganized many of its non-classroom functions, and created new success coach positions by reducing the number of positions in other college departments.

"Success coaching is a very efficient and productive way for us to deliver services to students, but more important, it provides students with the very important personal guidance they need to be successful in their academic careers and beyond," Sunser told trustees.

The budget will next be presented to the Genesee County Legislature. After Legislature approval, the budget will be presented to SUNY for final review and approval.

In other business this evening, the Board of Trustees:

Heard Nominating Committee Chair Donna M. Ferry report that the Committee has recommended the re-election of the Board of Trustees' current officers for the 2017-2018 year: Laura J. Bohm, chair; Ms. Ferry, vice chair; and Peter R. Call, secretary. Officers will be elected at the Board's annual meeting July 10.

Heard Finance Committee Chair Peter R. Call report that the Committee had reviewed the College's third quarter financial report. Revenue and expense is meeting budget targets for the first nine months of the fiscal year, which began last Septe. 1,  Call said. Board members approved the third quarter financial report.

Heard William T. Emm report that work on the new Student Success Center and Richard C. Call Arena is nearing completion. Contractors are completing painting, carpeting, cabinetry and installation of various finishes. The College is awaiting delivery of the large stairwell railing in the Success Center. Rubber flooring and wall padding has been installed in the Arena. Furniture has arrived, and staff members are expected to be moving into the two new buildings over the next four to six weeks.

Heard President Sunser report that the New York State Higher Education Services Corp. has issued regulations on the new Excelsior scholarship program. He also reported that students may now apply for the new scholarships through the HESC website. Under the Excelsior program, students from families with adjusted gross income of $100,000 may receive a tuition scholarship provided students meet various academic criteria. The adjusted gross-income eligibility threshold increases to $110,000 next year and $125,000 in 2019.

Heard Vice President for Student and Enrollment Services Virginia M. Taylor report that applications for summer 2017 study are up 11 percent. The College offers two summer sessions, the first running from June 5 to July 8, and the second from July 10 to Aug. 12. Taylor also said that the College has received 420 applications from area high school students for the Genesee Promise Plus program, and 260 of these students have already registered for classes. Genesee Promise Plus has been growing steadily, enrolling 185 students in 2013, and increasing each year, to 243 in 2016. Through Genesee Promise Plus, high school juniors and seniors can register for one or two courses, and have costs paid by a Genesee Community College Promise Plus scholarship. Students of any age interested in registering for summer or fall courses can view a listing of available courses on the College's web site www.genesee.edu, or call 585-345-6800 for more information.

Heard President Sunser report that the College has filled four key positions, replacing three staff members who are retiring this spring and one staff member who has moved to a different College department. They are:

• Levi T. Olsen will join the staff as director of Buildings and Grounds, replacing Timothy M. Landers, who is retiring July 2 after 33 years of service. Olsen comes to Genesee with 15 years' experience in facilities management at the University of Rochester. He currently serves as assistant director of Utilities and Energy Management. Olson, a resident of Basom, is a graduate of Genesee Community College (Class of '98), and holds a B.S. degree from the University at Buffalo and a M.S. degree from the University of Rochester.
• Laura J. Taylor will join the staff as instructor of Fashion Business Merchandising, replacing M. Richard Dudkowski, who is retiring after 33 years of service. Taylor is a member of the faculty of Villa Maria College in Buffalo. She holds a B.S. degree from SUNY College at Oneonta and a M.F.A. degree from the Academy of Art University in California. She is pursuing a Ph.D. degree from Iowa State University. Taylor is a resident of Akron.
• Jessica R. Olin will join the staff as director of Library Services, replacing Nina T. Warren, who is retiring after 25 years' service. Olin has served as library director at Wesley College in Maryland, and has served as a faculty member at Hiram College (Ohio) and Landmark College (Vermont). She holds a B.A. degree from Hood College (Maryland), a M.A.E. degree from Touro University (California), and a M.L.I.S. degree from Simmons College (Massachusetts). She lives in the Rochester area.
• Edvardo R. Pabros Jr. will fill a vacancy in the College's Institutional Research Office as Institutional Research associate. He comes to Genesee from Lockheed Martin, where he has been a software engineer and programmer for 15 years. He holds a B.S. degree from California State University and has completed advanced certificates in various information technology fields. He is a resident of Le Roy.

Heard President Sunser thank and congratulate seven members of the faculty and staff who are retiring this spring. In addition to Landers, Dudkowski, and Warren, President Sunser also thanked Margaret E. Heater, Ed.D., associate dean for Student Development, who has served GCC for the last 11 years; Mary Jo Dumuhosky, testing coordinator, who has served GCC for 31 years; Elizabeth Geuss, assistant Learning Lab and tutor coordinator who has served GCC for 30 years; and Cheryl M. Young, who has served GCC for 36 years.

Heard President Sunser report that St. John Fisher College has reserved two annual spots in its highly regarded Wegmans School of Pharmacy for Genesee Community College graduates who meet required academic criteria. Students completing the program receive a Doctor of Pharmacy degree.

Approved a policy requiring review and authorization of on-campus fund raising sales and events by student clubs, athletic teams and other internal groups. The policy is important because of the growing volume and complexity of laws and regulations governing fund raising, said Policy Committee Chair Benjamin J. Bonarigo Sr.

Viewed "The Human 50," a video of students, faculty, staff and trustees gathering in the form of a "50," marking the College's 50th anniversary. The video was created on May 4, and may be viewed on the anniversary home page at http://sunygcc50.genesee.edu/.

The owners of The Little Ridge at 107 Evans St., Batavia, are changing tactics and will stop operating the location as a restaurant.

David and Greg Luetticke-Archbell are shifting the restaurant business to their campground on Conlon Road, Le Roy, known as The Ridge, but best known as Frost Ridge Campground.

The Little Ridge opened in November 2014 and the owners plan to continue to use the location for parties and events.

Gift certificates purchased for The Little Ridge will be redeemable at the Le Roy location.

Abdullah H. Shareef, 36, of East Avenue, Batavia, is charged with two counts of criminal possession of a controlled substance, 3rd, unlawful possession of marijuana, and promoting prison contraband, 2nd. Shareef was arrested following a traffic stop by members of the Local Drug Task Force on Tuesday night. Shareef was allegedly found in possession crack cocaine and marijuana during the traffic stop. While being processed into the Genesee County Jail, he was allegedly found to possess on his person more cocaine and marijuana. He was ordered held without bail.

Tim Petrie, a resident of Pavilion, decided to try something new when he opened his new restaurant, Belly Up BBQ, a month ago.

Located at 4974 Ellicott Street Road in Batavia, Belly Up BBQ serves anything you would find at a backyard barbeque cookout.

“We serve brisket, ribs and turkey,” Petrie said. “We serve pretty much anything I can put through a smoker.”

Petrie said they also serve burgers, fresh haddock and catfish, for those who do not eat barbeque food.

Petrie was a heavy equipment operator for Donald G. Butler Construction Inc. in Perry, before opening the restaurant.

The inspiration for the name came from two options: succeeding as a restaurant or going “belly-up,” Petrie said.

“I figured if I looked at the name ‘Belly Up’ every day, I wouldn’t do it,” Petrie said.

Petrie built all of the grills for the chicken himself. He said he would have liked to built the smokers, but did not have time.  

“I would like to triple in size within three years,” Petrie said. “That’s my three-year plan. I want to make this location bigger.”

The restaurant is open Wednesday through Saturday from 11 a.m. until 9 p.m. and on Sundays from 11 a.m. until 7 p.m.

“We serve great food,” Petrie said. “I do takeout, serving and catering.”

Brandon M. Seppe, a resident of Batavia, has been charged with driving while ability impaired by drugs following a single-vehicle accident on Veterans Memorial Drive at 2:08 p.m., today.

Seppe's passenger, Gregory Seppe, 59, of Batavia, was transported to Strong Memorial Hospital by Mercy EMS.

A Sheriff's press release says Brandon was westbound on Veterans Memorial Drive when he allegedly moved from the lane unsafely. He failed to maintain control of his vehicle and struck a large utility pole, causing a widespread power outage.

The vehicle came to rest on the passenger side.

The accident was investigated by Deputy Andrew Hale, Deputy Matthew Butler, and Deputy Chris Erion. Assisting at the scene were Town of Batavia fire, Mercy EMS, Batavia PD, and State Police.

(Initial report)

John Kennedy Intermediate School is beating the odds when it comes to educating "economically disadvantaged" students.

That was the word from Molly Corey, executive director of curriculum and instruction for the Batavia City School District at the district's board of education meeting Tuesday night at Batavia High School.

Corey reported on a "Beating the Odds" conference last Thursday at SUNY New Paltz that she and JK Principal Paul Kesler attended.

Moreover, Kesler was the speaker in one of the breakout sessions at the conference, which was coordinated by researcher Manya C. Bouteneff, Ed.D..

Bouteneff is the director of Better Outcomes LLC, an organization devoted to creating high-performing environments so that students in traditionally underperforming demographic groups can succeed.

"John Kennedy (School) was selected as a result of (Bouteneff's) research, and placing in the top 10 of her findings," Corey said.

Criteria used by Bouteneff to identify high-achieving schools outside of New York City and not charter schools include the following:

-- 40 percent or more poverty;
-- 25 percent or more of ED students scoring 3 or 4 on the 2016 NYS ELA;
-- 65 percent or more of ED students scoring 2, 3, or 4 on the 2016 NYS ELA;
-- 30 or more ED test-takers;
-- no admissions criteria other than residency;
-- no in-district school choice.

Of 177 schools, just 16 percent of those eligible met these criteria.

Kesler's presentation -- Clear and Loving Structures: How Our “What I Need” (WIN) System Builds School Culture and Ensures Every Student’s Needs Are Met -- focused on how John Kennedy utilized its PBIS (Positive Behavior Interventions & Supports) team to help build its school culture and how JK students (grades 2-4) have benefited from having clear and loving structures. 

He also shared the processes for training JK teachers to become leaders within the school.

In other developments, the board:

-- Approved the cross-country team's trip to the Manhattan Invitational in New York City from Oct. 13-15. Coaches Bill McMullen and Rich Boyce reported that fundraising will take place in anticipation of keeping the per student cost to around $200 for a three-day weekend.

-- Established the Batavia City School District Foundation scholarship, a $250 gift to a graduating senior, commencing with the 2018 graduation ceremony. The foundation accepts tax-deductible donations throughout the year. For more information, send an email to ljohnson@bataviacsd.org.

-- Presented Andy Pedro with a "golden ticket" -- free lifetime admission to any Batavia High School home sporting event -- for his nine years of service as a board member.  Tuesday's meeting was the last one for Pedro, who served six years, took a year off, and returned for three more years.

Superintendent Christopher Dailey praised Pedro for his work on the Building & Grounds Committee, pointing out Pedro's "guidance, calm demeanor, common sense, and sense of humor."

-- Thanked Madison Moore, student ex-officio on the board for 2016-17, for going above and beyond expectations. Dailey said her "professionalism and knowledge" contributed greatly to the board's success.

Community, Teacher Award Recipients: The Batavia City School District presented Certificates of Appreciation to several community members and teachers at Tuesday night's Board of Education meeting. Starting with photo at top, Board President Patrick Burk recognizes Julie Tryon and Korinne Anderson as outstanding community members for their volunteer service, and the Batavia Middle School Parent-Teacher Group -- from left, Michelle Dillon, Lisa Shell, Jennifer Burke, Michelle Bromsted and Kathy Fulton. In bottom photo are Jackson Primary School teachers Elizabeth Mundell and Anne Marie Koukides.

Photos by Mike Pettinella.