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Combine and field fire reported in Byron

By Howard B. Owens

A combine and field fire is reported off of Townline Road east of Swamp Road in South Byron.

A first responder reports the combine is fully involved.

There is heavy black smoke in the area.

Byron and South Byron dispatched. Mutual aid is requested from Elba.

UPDATE 7:46 p,m.: "Fire is under control. Hitting hot spots."

City inspection violation notices call upon Northside Meadows management to rectify roof, driveway issues

By Mike Pettinella

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The City of Batavia’s Bureau of Inspections is giving management of the Northside Meadows apartment complex at 335 Bank St. until Sept. 1 to rectify roof and driveway maintenance issues or risk court action.

A violation notice dated July 1 and issued by Doug Randall, city code enforcement officer, to Northside Meadows Association, which is managed by David Renzo of V&V Development Corp., indicates that his investigation found the following items to be in violation of the Property Maintenance Code and Residential Code of New York State:

  • Roofs and drainage. The asphalt roof coverings are deteriorated, missing material, and not maintained in a sound and tight condition on two of the three residential buildings located on this property. You must repair or replace the roof covering using approved materials.
  • Roof covering materials. Two of the residential buildings have been covered with grey plastic tarps. The tarps are not approved roof covering materials.
  • Sidewalks and driveways. The asphalt driveway and parking areas have uneven surfaces with loose and missing materials in various areas throughout the property. You must maintain these areas in a proper state of repair and eliminate hazardous conditions. Immediate action must be taken to ensure safety.

The notice, which was obtained by The Batavian through a Freedom of Information Law request earlier today, also states the following:

That a building and/or plumbing and/or electrical permit may be required to make some or all of these corrections. If a permit is required you must obtain one prior to starting work on the items for which the permit is needed. All corrections not requiring a permit should be commenced immediately.

Contacted about the violation notice along with a tenant’s report of a leaky ceiling in one of the Building B apartments and other issues, Renzo said he has a “workout plan” in place to correct the situation.

It should be noted, that the property manager had a similar reply in a June 22 story by The Batavian on similar problems at Le Roy Meadows, another low-income housing project overseen by V&V Development. (More on that at the end of this story).

“Workers will be here tomorrow at 7 a.m. to put more tarps on the building so we can fix the ceiling in that apartment and we have plans to put new roofs on Buildings B and C this summer,” Renzo said. “We’re in the process of contracting with a roofing company right now.”

Northside Meadows, located just west of Walden Estates, consists of three buildings – A, B and C – with eight apartments (four lower and four upper) in each building.

Renzo said he also is soliciting bids to fix the large potholes in the driveway.

Saturday’s heavy rain caused a build-up of water on the roof of Building B and, eventually, resulted in a leak in the ceiling.

Renzo said he went to the apartment, staying there for three hours to shore up the ceiling – punching additional holes in it to relieve the water pressure.

“We had four inches of rain … and this could have happened even with a new roof; the water accumulated in the valley of the roof,” he said.

He explained that he punched some more holes in the ceiling to prevent it from bubbling and placed plywood on the ceiling, supported by long boards extending to the floor.

Meanwhile, the woman who had just moved in to that apartment was forced to evacuate, and is staying with her mother until it is fixed, Renzo said.

“She’ll be out a couple days … but she was all happy because we’re giving her a month’s free rent,” Renzo said.

Currently, tarps are covering Building B and Building C (which is not in compliance with city code), while the roof was replaced on Building A 10 years ago – only after receiving violation notices from the city.

The tarps on Building B and Building C have been in place for at least eight years.

The mother of the tenant who did not disclose his/her name called the property “a hot mess,” citing evidence of drug use, mold, car repairs in the parking lots and excessive noise.

“Starting from the street, you’ve got craters in the driveway that do not get fixed,” said Connie Porter, a Birchwood Village resident who provides rides for her son/daughter. “For several years – and I don’t mean days and I don’t mean months – these roofs have been covered with tarps. Let’s not fix them. Let’s keep collecting rent and leave them.”

Porter said there is no policing of tenants who are violating the rules.

“There are people that are taking advantage of putting their cars in there and doing work that should be done at a mechanic’s shop,” she said. “And at Building C – the needles There is not one diabetic that I know of who goes outdoors to inject themselves with insulin and throws it on the ground. Something else is going on. Plus, the noise at all hours of the night.”

She asked what it was going to take before something gets done.

“Why should it be that you have to turn somebody in before the landlords … actually do something to keep the place the way it should be? Are they going to wait until somebody gets hurt or dies? That’s a health risk over there … a serious health risk.”

Renzo responded by saying that the police, specifically the drug task force, are “very well aware of the situation.”

“The problem is that if they know someone is doing something, it takes about a year to build a case,” he said. “The next plan of action is that we’re going to be putting video cameras in, probably, which would help. That’s our plan – to put video cameras in each building in the common areas.”

He said the management firm’s accounts receivable are thousands of dollars in arrears because many tenants have not paid rent since the COVID-19 pandemic took hold.

The federal moratorium on eviction ends on July 31, and the state moratorium concludes a month later.

“I sent a letter last week to all the people who haven’t paid and let them know the eviction moratorium is ending …,” Renzo said.

He said that all prospective tenants are subject to background checks and sex offender checks.

“Back in 1993 when the place was built, things were so much different,” he offered. “Now, all these people from Rochester are moving into town and there is a criminal element we’re dealing with. You rent to a single mother with children and her boyfriend comes in from Rochester …

“If there’s any drugs involved, the police are called and they’re doing their part. It’s no different than any other apartment complex.”

Renzo said he has yet to receive a complaint about mold in the apartments.

He advised that he is working with the United States Department of Agriculture on a plan to get the roofing replace before fall and also to pay off $60,000 in back taxes owed to Genesee County.

Renzo said the facility is owned by Northside Meadows Associates, a limited partnership.

He said that 95 percent of it has been syndicated to a company called Sterling, which utilizes National Tax Credit Fund No. 37, a real estate investment trust based in Manhasset. Renzo said he has only a 2 1/2 percent stake in the complex, with the remaining 2 1/2 percent owned by a local rural preservation company.

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LE ROY MEADOWS UPDATE

Renzo said the investment group from California is submitting a workout plan to the USDA and “we expect funds to come in within a week or two.”

“Back taxes are being taken care of by the vouchering of HUD (Housing & Urban Development) money,” he said. “HUD and the USDA have agreed to the plan.”

The county is owed more than $600,000 in back taxes at the 10-building, 80-unit complex at 18 Genesee St., which also is in immediate need of roof and driveway repairs.

Previously: Le Roy Meadows manager says plan will address $600,000 in back taxes, needed repairs

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Photo at top: Driveway at Northside Meadows apartment complex. Photos at bottom: Tarps covering Building B; sign along Bank Street. Photos by Howard Owens.

Batavia man struck by car on West Main a month ago remains hospitalized

By Howard B. Owens

A 76-year-old Batavia man struck by a car on West Main Street on June 22 remains hospitalized at Strong Memorial Hospital.

Nathan J. Maniace is in stable condition at this time, according to the hospital.

Before today, Batavia PD had not released the names of the people involved in the accident. The Batavian acquired the accident report through a FOIL request.

According to the report, Maniace was walking southbound across West Main Street from the area of Burger King toward Ken Barrett Chevrolet when he was struck by a 2019 GMC sedan driven by Lloyd J. Miller, 72, of Stafford.

Miller reportedly told police that he did not see Maniace in the roadway.

No citations were issued.

Maniace was transported by ground ambulance to a landing zone in the grass lot between the County Courthouse and the Batavia Fire Station. He was flown by Mercy Flight to Strong.

The accident report was completed by Officer Stephen Quider.

Grand Jury: Man accused of seriously injuring deputy, another of intentionally seriously injuring two pet dogs

By Billie Owens

Andre L. Roberts is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Oct. 21 in the Town of Alexander, that Roberts, with intent to prevent a Genesee County Sheriff's deputy from performing a lawful duty, caused serious physical injury to the officer. In count two, Roberts is accused of resisting arrest, a Class A misdemeanor, for intentionally preventing or attempting to prevent a police officer from arresting him or another person.

Robert J. Williams is indicted for the crime of aggravated cruelty of animals, contrary to NYS Agriculture and Markets Law Section 353a(1) -- a felony. On Jan. 14, with no justifiable purpose, Williams is accused of intentionally killing or intentionally causing serious physical injury to a companion animal with aggravated cruelty. In count two, Williams is accused of the same crime involving a second animal. In counts three and four, Williams is accused of fourth-degree criminal mischief, a Class A misdemeanor contrary to Penal Law Section 145.00(1), for intentionally damaging property belonging to another -- to two dogs.

Dejon J. Smith is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 25 in the City of Batavia that Smith knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, Smith is indicted for criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day, he knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing the narcotic cocaine; these had an aggregated weight of one-eighth ounce or more. In count three, Smith indicted for the crime of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for knowingly and unlawfully possessing a controlled substance -- alprazolam. In count four, Smith is accused of tampering with physical evidence, a Class E felony. It is alleged in count four that Smith, believing certain evidence was about to be produced or used in an official proceeding, intentionally acted to prevent this. He is accused of hiding some cocaine behind a stack of storage container lids in a storage shed while hiding from a uniformed officer who was searching for him. In count five, Smith is indicted for the crime of second-degree obstruction of governmental administration, a Class A misdemeanor. It is alleged in count five, that Smith intentionally obstructed, impaired or perverted the administration of law or other government function by means of intimidation, physical force or an independently unlawful act.

Shane M. VanName is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Nov. 1 while in the first block of North Street in the Town of Le Roy VanName violated an order of protection. He is accused of intentionally harassing, annoying, threatening or alarming a protected person, or subjecting the person to physical contact or threatening to do so. In count two, VanName is indicted for second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that he intentionally disobeyed a court order of protection out of Darien Town Court issued Oct. 23. In count three, is indicted again for second-degree criminal contempt. It is alleged in count three that he intentionally disobeyed a court order out of Darien Town Court to stay away from a second person at the same address on North Street in Le Roy.

Alexander L. Baldwin is indicted for third-degree grand larceny, a Class D felony. It is alleged that between November and December that Baldwin stole property from a couple -- U.S. currency valued at more than $3,000. In count two, Baldwin is accused of the same crime for receiving funds in excess of $3,000 from the couple to perform home improvements, thus creating a trust, and then appled the funds for a purpose other than the trust intended.

Christopher L. Taylor is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Jan. 16 in the Town of Pembroke that Taylor stole property with a value in excess of $3,000.

Myles D. Macleod is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on Nov. 27 on Route 77 in the Town of Darien that Macleod rode a 2005 Harley-Davidson motorcycle while he had a BAC of .18 percent or greater. In count two, the defendant is accused of DWI as a Class E felony for operating the motorcycle that day while he was intoxicated. In count three, Macleod is accused of aggravated unlicensed operation in the first degree for riding his motorcycle that day in Darien while his driver's license was suspended or revoked by the NYS DMV Commissioner and while he was under the influence of alcohol or a drug. In count five, the defendant is indicted for circumventing a required ignition interlock device, since the motorcycle did not have one. In count five, Macleod is accused of refusing to submit to a breath test. In count six, he is accused of the violation of operating an unregistered motorcycle that day on Route 77. In Special Information filed by Genesee County District Attorney Lawrence Friedman, Macleod is accused of having been convicted of DWI as a Class E felony on Nov. 5, 2014 in Genesee County Court. The conviction forms the basis for the suspension or revocation referred to in the current indictment and it was still in effect on the day of the crimes alleged in the current indictment.

Joel Morales Cruz is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 25 in the City of Batavia that Cruz drove a 1996 Honda on Oak Street while his driver's license was suspended or revoked by the NYS DMV Commissioner. In count two, Cruz is accused of driving while intoxicated, as a misdemeanor, that day on Oak Street. In count three, Cruz is indicted for DWI, per se, as a misdemeanor. It is alleged in count three, that Cruz drove on Oak Street that day while he had a BAC of .08 percent of more. In Special Information filed by Genesee County District Attorney Lawrence Friedman, Cruz is accused of having been convicted of driving while intoxicated as a misdemeanor on April 22, 2010 in Batavia City Court and the conviction forms the basis for the suspension or revocation referred to in the current indictment and was still in effect.

Muckdogs game ends in cussing and confusion and it remains unclear if there was a winner

By James Burns

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UPDATE 11:58 a.m.: Griffin Dellapenna, the Muckdogs' broadcaster, says the Muckdogs won 10-10.

Yesterday's Batavia Muckdogs game against Elmira ended in confusion and we still don't really know what happened.

Fans left the game thinking the Pioneers forfeited but the Perfect Game Collegiate Baseball League lists the game as suspended and is not listing the game as a win for the Muckdogs in the Western Division standings.

By all appearance in the bottom of the ninth, the Muckdogs won on a walk-off check swing. Yeah, that sounds crazy, but that’s what happened. To quote the Dwyer Stadium announcer “I think we just won 10-10 folks."

The tone was set for the crazy ending in the bottom of the first inning where Batavia scored two runs off a wild pitch, one that appeared to hit the batter in the foot. Elmira Pioneers felt this should have been a dead ball and the batter should have taken first base; the umpire ruled it a wild pitch and the two runs scored. From this point forward the relationship between the Pioneers and the umpires was, well, contentious. An inning later, the Elmira coach was ejected during a vigorous discussion with an umpire.

After five innings Batavia led 8-0 and Elmira started to climb back into the game. The game was delayed 30 minutes for a lightning strike in the area and for kids to pick up candy dropped on the field by a helicopter. (The helicopter was one of the less crazy events of the game.) At the end of nine innings, the score was knotted at 10 apiece.

In the top of the 10th, the Pioneer pitcher took umbrage with an umpire's ruling that the batter had a checked swing, denying the pitcher a strike call. This happened again on the next pitch and the pitcher, rather colorfully, expressed his disgust with the call as he approached the umpire and was held back by his catcher. The pitcher was ejected from the game. 

Elmira called in a new pitcher from their bullpen and he started to warm up, after a couple of warm-up pitches, the home plate umpire signaled the pitcher he had three more warm-up pitches left before play needed to resume. Yet again, there was another upset Elmira pitcher. He protested in a somewhat impolite way and the umpire responded by signaling he now had only two warm-up pitches remaining.

At this point, the Elmira pitcher used some of the same colorful language to express his dissatisfaction that the previously ejected pitcher did, simultaneously half of the Elmira dugout came onto the field to express their feelings about allowing the pitcher to warm up as did most of the infield. It was at this point the umpire ejected the entire Elmira Pioneers team.  

One would think that would make the final score 10-10, a Batavia win.

Apparently, the league doesn't see it that way and as of this writing, we don't know why.

Once that impromptu craziness was over, it was time for the scheduled craziness to begin, the Battle of the Badges, an exhibition game between Batavia PD and the City of Batavia Fire Department. 

The BPD did try their best including sending a few young children over to the CBFD to tell them “A cat is stuck in a tree, can you come and help?” to distract the firemen. But this tactic did not seem to work. 

After three innings, heavy rain forced the players from the field while the CBFD held a commanding lead over the BPD, 7-0. Three innings is below the five-inning minimum for an official game but we're giving the win to CBFD. But maybe we'll get overruled. That seems to be the way of the night.

There was no official word on the cat in the tree. 

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St. Ann's Community at The Greens is raising minimum wage to $15 an hour

By Press Release

Press release:

St. Ann’s Community is proud to announce that the organization is raising its minimum wage to $15 an hour for all new and current team members.

This new minimum wage will be fully implemented by the end of 2021.

The impacts of COVID-19 have fundamentally changed the workforce -- this wage increase demonstrates St. Ann’s commitment to existing and future team members, who care for the most important people on Earth.

In 2019, St. Ann's acquired The Greens of Le Roy. The independent living facility for seniors is now known as St. Ann's Community at The Greens. It is located at 1 West Ave., Le Roy.

In New York State, the minimum wage increase to $15 is being phased in. New York City large employers -- 11 or more workers -- were the first required to make the increase as of Dec. 31, 2018, followed by NYC small employers on Dec. 31, 2019. Long Island and Westchester are now at $14 an hour and will go up to $15 the end of this year.

The remainder of the state, including the Finger Lakes Region, went to $12.50 an hour at the end of last year.

Continuing increases until the $15 hourly minimum wage is met for the remainder of the state will be announced annually by the NYS Department of Labor on or before Oct. 1.

The raise will be based on percentage increases determined by the director of the Division of Budget, based on economic indices, including the Consumer Price Index. Therefore, it is undetermined when $15 an hour will be the requirement in this region.

Sponsored Post: Thermory - hiring awesome humans

By Lisa Ace


Wildly creative, unorthodox company looking for unique people that are sickened by a corporate culture. We are looking for a highly motivated, detail-oriented, go-getter to be our Sample Specialist/Logistics Coordinator.

If your sense of humor is nonexistent, prefer not to have fun at work, are terrified by the challenges of a company that is growing exponentially, afraid to speak up and have your opinions and ideas heard with a flexible schedule then please, we beg you NOT to send your resume to: kevin@thermoryusa.com and alicia@thermoryusa.com 

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Learn more about Thermory on Facebook and Instagram: @ThermoryUSA or www.thermoryusa.com

Police investigating theft from local store

By Howard B. Owens

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Batavia PD is investigating a larceny at Mr. Wine and Liquor Store in Tops Plaza. 

The department did not release information on what was stolen.

The photo is of two people the police would like to question in connection with the incident to find out what they may know about it.

Officer Sean Wilson is handling the investigation.

The Batavia Police Department can be reached at (585) 345-6350 or phone the confidential tip line at (585) 345-6370.

Expect gas prices to remain above $3 through the summer driving season

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $3.17, up 2 cents in the past week. One year ago, the price was $2.20. The New York State average is $3.20 – up 1 cent from last week. A year ago, the NYS average was $2.27.

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

  • Batavia -- $3.17 (up 1 cent since last week)
  • Buffalo -- $3.12 (no change since last week)
  • Ithaca -- $3.17 (down 1 cent since last week)
  • Rochester -- $3.16 (no change since last week)
  • Rome -- $3.25 (no change since last week)
  • Syracuse -- $3.16 (no change since last week)
  • Watertown -- $3.22 (up 1 cent since last week)

The national average price for gasoline is on the rise after demand reached an all-time high. Summer travel is in full swing as many people look to vacation after the coronavirus pandemic put plans on hold for some time. A recent report from the Energy Information Administration (EIA) shows that gas demand decreased from the all-time high of 10.04 million b/d to 9.28 million b/d.

The decrease, alongside a one million bbl increase in total domestic gasoline stocks to 236.5 million, has helped to slow pump price increases. However, with oil prices above $70 per barrel, pump prices will likely remain high (above $3 per gallon) throughout the busy summer driving season.

From GasBuddy:

"Gas prices across the country have been a bit sideways in the last week with a mixed bag of decreases and increases, but overall, the national average hasn't seen much meaningful direction as oil prices remain under their early-July levels thus far, thanks to OPEC coming to an agreement on production over the weekend," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"OPEC's plan is to raise oil production by 400,000 bpd each month until 2022, at which time OPEC's oil production will be back at pre-COVID levels. It's a positive development in light of U.S. gasoline demand which last week rose nearly 2 percent, which should act as a loose ceiling on the price of oil, and could mean we're even closer to seeing a peak in the national average if we haven't already."

School bus involved in accident in Village of Corfu

By Howard B. Owens

A car vs. school bus accident is reported at East Main Street and Alleghany Road in the Village of Corfu.

There are believed to be 26 students on the bus.

Corfu fire is dispatched. Mercy EMS is dispatched for treatment of minor injuries and evaluations.

UPDATE 8:05 a.m.: A Corfu chief on scene reports any injuries are minor and medics are required to respond for evaluations and documentation.

Thunderstorms, torrential downpours and lots of lighting expected now

By Press Release

From the National Weather Service:

At 8:32 p.m. a Special Weather Statement of Hazardous Weather Conditions was issued by the National Weather Service Office in Buffalo.

A line of scattered thurnderstorms will affect Genesee County and other localities. Radar indicated thunderstorms were located along a line extending from near Point Breeze to near Varysburg.

Movement was south at 20 mph. Winds in excess of 30 mph are possible with these storms, along with brief torrential downpours and frequent lightning.

Locations impacted include Batavia, Attica and Byron. This includes Interstate 90 between exits 48 and 47.

Torrential rainfall is also occurring with these storms, and may cause localized flooding. Do not drive your vehicle through flooded roadways.

Frequent cloud-to-ground lightning is occurring with these storms. Lightning can strike 10 miles away from a thunderstorm. Seek a safe shelter inside a building or vehicle.

Occupants of vehicle reportedly flee scene of accident in Byron

By Howard B. Owens

A motor-vehicle accident is reported in the area of 5678 Walkers Corners Road and the occupants of the vehicle have reportedly fled the scene on foot.

The vehicle ran into a tree.

The occupants are described as teenagers. Both fled north before cutting west toward Bank Street Road.

Byron and South Byron fire are responding to the accident.

UPDATE 7:24 p.m.: They're reportedly in a cornfield with shoulder-high stalks limiting visibility.

UPDATE 8 p.m.: There is an ongoing search for the subjects.

UPDATE 8:45 p.m.: "Both subjects secured. No injuries," a first responder reports. Byron and South Byron back in service.

Sponsored Post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


Commonly Asked Workers’ Compensation Questions:

Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at (585) 815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

Two accidents with injuries reported on westbound Thruway

By Billie Owens

Two accidents with injuries are reported on the westbound Thruway in the area of mile marker 396.8. A male in a van in the left lane is injured and two children and their mother are also occupants; unknown injuries. A female in a vehicle in the median is also injured.

Three ambulances are called in, including one from Alexander and two Mercy rigs. Pembroke fire is in command and East Pembroke Fire Department is on scene as mutual aid.

UPDATE: 3:30 p.m.: A mother and baby were transported to ECMC. A father and daughter were transported to John. R. Oshei Children's Hospital in Buffalo.

Two accidents reported on Thruway in Batavia

By Howard B. Owens

A semi-truck rollover accident, followed a half hour later by a truck with a horse trailer striking two other vehicles, are reported in the area of mile marker 390.9  of the westbound Thruway.

The driver of the first truck was out of the truck before first responders arrived.

No injuries reported in the second accident. 

Town of Batavia fire and Mercy EMS on scene.

HLOM's 2021 History Heroes Summer Program to run Saturdays July 24 through Sept. 4

By Press Release

Press release:

The Holland Land Office Museum is proud to announce the return of its History Heroes Summer Program will be running Saturdays from 11 a.m. - 3 p.m. The dates are: July 24, Aug. 14, Aug. 21, Aug. 28 and Sept. 4.

The theme is "Fun in the Roaring '20s" -- learning about different aspects of life 100 years ago. Join us to learn about the 1920s! Dance, sing, read, play, create, explore, and learn some history.

The program will explore many facets of the era through many creative and interactive activities, and includes daily local walking field trips around Batavia.

The program is open to children 7-12 and is limited to 16 participants each day. Registration is available for each individual day or for all five.

Admission is $10 per child with discounts for multiple children and museum members. The program includes a field trip on Sept. 4th to the Arcade & Attica Railroad, which has a $20 admission.

Registration forms can be found at the museum's website, Facebook page, or by contacting the museum at (585) 343-4727.

Masks and social distancing requirements are required. Lunches are available for participants.

This project is made possible with funds from the Decentralization Program, a regrant program of the New York State Council on the Arts with the support of Governor Andrew Cuomo and the New York State Legislature and administered by GO ART!

You can't fight City Hall? Batavian Boyd pushes on in effort to put nine-hole disc golf course at Centennial Park

By Mike Pettinella

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Learning that Batavia lawmakers apparently have squashed his vision of placing a disc golf course at Centennial Park is not sitting well with 27-year-old Phillip Boyd, the Hart Street resident who pitched the idea at a City Council meeting in late May.

This past Monday, Council members – responding to complaints from homeowners living near the tree-dominated park in the northwest quadrant of the community – agreed that Centennial Park is “off the table” as a potential location for a nine-hole layout for a sport that has gained in popularity in recent years.


SIDEBAR: Western New York: A Hotbed for Disc Golf


Boyd is an avid disc golfer who competes in a league at courses in the Buffalo/Niagara region and has played at courses closer to home, including one at Hartland Park in Bergen. He said he’s not giving up on his push to have a disc golf course in Batavia and sees the 14-acre parcel across from the New York State School for the Blind as the perfect place.

“I’m definitely going to still try to get it there,” he said on Friday. “The main thing that I’m disappointed in is that the argument that they have is ‘keep it a green park’ when it has never truly been a green park. And, also the idea of the traffic being around there.It’s a park. It’s not busy now and parks are typically busy.”

Boyd said numerous people have told him that Centennial Park is rarely used.

“That’s the thing that should be changed -- to actually use a giant open space, and actually use it in Batavia. We have no activities around here. There’s nothing to do; everyone has to go to Buffalo and Rochester,” he said.

“These smaller towns like Bergen, Pembroke; they can do these, but Batavia can’t. That’s why we’re so far behind and why Batavia is a declining city. We aren’t the true hub of Genesee County. Everyone’s leaving Batavia because there is nothing to do here.”

JANKOWSKI: FOLLOW THE PROCESS

City Council President Eugene Jankowski Jr. said he and his colleagues do support events and activities, regularly approving requests from community organizations that are submitted to city management and staff.

“There’s a procedure and a process for these types of things and putting in a disc golf course at a city park is no exception,” Jankowski said. “Mr. Boyd was requested by Council to hand over his plans and documents to the city manager (Rachael Tabelski) for review and to get that process started, but he has yet to do so.”

Jankowski said Boyd appeared at two Council meetings, stating his case for disc golf during the public comments session.

“He was asked twice to submit the paperwork to the city manager, but instead he showed up at two City Council meetings and has yet to submit his written plans,” he said.

When this was mentioned to Boyd, he said he intends to hand in the information (sketches and a detailed course layout at Centennial Park) on Monday – July 19th, the deadline that he says he was given by Tabelski.

The Council president said his main issues with Centennial Park are that it has no facilities -- specifically bathrooms and amenities that are available at other city parks -- and that the only parking is along city streets.

“We’re willing to work with Mr. Boyd to find a better place, including working with our partners at neighboring towns and with Genesee County to try to make this happen,” Jankowski offered. “We’re not against disc golf, and are willing to look at other alternatives.”

BOYD: ‘SOME AREN’T OPEN TO CHANGE’

Boyd said he has walked the other parks in the city and finds that none of them, except maybe Williams Park (depending upon how much land the city owns at that location), would be acceptable.

“The Council president said that Centennial is off the table,” Boyd said. “If he is going to do that for 150 signatures and 12 people who showed up at the (July 12) meeting, that’s a problem. If I come with as much support as I have – a lot more than 150 signatures -- and he is still going to stand with that, then you’re not really being open to the idea of change in Batavia.”

“If Batavia is the hub of Genesee County, the lone city, we should be the one to lead the way for all the towns. Why do so many towns in our area have more activities than the city? There’s no reason for that.”

Boyd said he “feels comfortable with the amount of support he has and it’s building,” noting that he has reached hundreds of people through various social media platforms.

Jankowski questioned Boyd’s petition, which he said is on change.org.

“That’s open to anyone in the country,” he said. “How would that have anything to do with people who live here?”

DIFFERENCES OF OPINION

Residents of Ellicott Avenue and Park Place, two of the streets that border Centennial Park, came to last Monday’s meeting and urged Council to keep the park as it is – without any permanent structures other than trees – now and into the future.

Some brought up the “negatives” associated with disc park, but most were there to profess their affection for the park in its current state.

Before they had a chance to voice their opinions, however, Jankowski said that he had received information that Boyd had backed off on having the course at Centennial Park due to the neighbors’ concerns and was open to other locations.

When that was conveyed to Boyd yesterday, he said that he never agreed “with just dropping this.”

“I said if there was a good enough reason why they didn’t want it here other than it is a green natural park, which technically it is not, (then I would listen),” he said. “But it hasn’t been that at all.

"They say traffic. If you put anything in any public space, that public space will be used more. Therefore, there will be more traffic. If they have a better opposition except just those small things, I’ll leave it alone.”

He then said that a nine-hole pitch and putt golf course used to be at Centennial Park in the 1960s.

“No one wants to bring up that golf balls do way more damage than a disc could ever do,” he said. “The park used to have a fountain and a pond before things got changed over. Then, in time it was stopped and taken care of by New York State and then they gave it over to the city.”

CITY IS WAITING FOR INFORMATION

Tabelski said that an email from Maintenance Supervisor Ray Tourt indicated that he spoke with Boyd, who said he was willing to look at Kibbe and Williams parks if Centennial wasn’t available.

“The confusion stems from the fact that Phil has yet to submit the information that the Council president and staff has requested,” she said. “Even taking Centennial Park out of the mix, if you look to work with the city, there is a process to follow.”

She said that process includes review of any requests by the city manager, department heads and city attorney, considering financial and insurance implications. Once the review is complete, it then is brought forward to City Council for discussion and potentially to a vote.

“We’ve engaged with him and we’re waiting for his plans and documents,” she said, reiterating Council’s decision. “City Council will not consider Centennial due to its historic use and importance to the community.

“It was clear that it was the strong sense of Council that it is inappropriate. Phil has not reached out to myself or the Parks Department to further discuss an alternative location.”

DISC GOLFERS: A RESPONSIBLE GROUP

Boyd defended the disc golf community, one that he says is “very big on being as respectful as possible” and provided examples where disc golfers have won over those who initially were against them. He said disc golfers police each other and prioritize keeping the courses in top shape and free of debris.

“If somebody notices that someone does something not typical of our community, they’ll speak up to them and say, ‘Hey, that’s not what we do. Don’t make us look bad. Please refrain from doing that, and do it this way,’ ” he said.

He said disc golfers carry out the trash they carry in where no garbage cans are provided, and some disc golfers walk the courses to pick up trash left behind by other park goers.

“There’s plenty of room at Centennial Park,” said Boyd, comparing it to Pine Woods Park in North Tonawanda. “When they first started to put a course at Pine Woods, the residents in the neighborhood were so against it. They had picket signs in their front lawns that read, ‘No to disc golf.’”

“But eventually they got the course approved and they put in a nine-hole course. Two years after that, even after they had continued pushback from the neighborhood, the city approved an increase to an 18-hole course because the city realized how many people were coming to play. It was huge; the park was actually being used again.”

He said he mirrored his course layout after Pine Woods because it is similar to Centennial Park.

“The way I’ve set it up is that there will be room for other activities and still have disc golf,” he said, adding that it would take up about two-thirds of the park, stopping short of the hill used for winter sledding.

He said that he told Tourt that he walked all of the other parks and “there’s no other true park in Batavia other than Centennial that will give you a disc golf course that will bring anyone to it.”

CENTENNIAL? PAR FOR THE COURSE

Boyd said his nine-hole course works so well at Centennial Park because of the abundance of trees.

“You can set trees up in a fairway to make it more difficult hole. You can make holes so much shorter as long as the trees make it more difficult,” he explained, showing a printed Google map of the proposed course. “A few friends and I have placed portable baskets at the park and played the course a few times, and it works out great.”

He said the first hole starts at the corner of Park and Ellicott and is angled inward toward the park to avoid the road – a par 3, 300-foot shot. He said he tried keep everything away from the roads to avoid any possible danger.

“It works down Park Avenue for two of the holes and the third hole comes back toward the center of the park. The fourth hole goes about 50 feet short of the walkway and hole five brings you back down to the middle of the park,” he said.

“Six and seven are in the middle of the park, eight brings you to the outside and hole nine is up at the corner of Richmond and Ellicott and brings you down to where you first started.”

He said the average hole length is about 225 feet.

Hartland Park in Bergen has a nine-hole course that is similar to the one Boyd has drawn up. There, he said, disc golfers coexist with those walking their dogs and using the park for other purposes.

“There was opposition at first from people saying they didn’t want discs thrown in their backyards,” he offered. “That’s not the case anymore because people realize that the disc golf community is a good community, and there’s really no true harm in it. And people still walk their dogs there; I see them while I’m playing.”

COUNCILPERSON-AT-LARGE WEIGHS IN

Councilperson-at-Large Robert Bialkowski said he has been trying to educate himself about disc golf, talking to managers and officials at Darien State Park, Beaver Island State Park on Grand Island, and Lincoln Park in Buffalo – places that offer the activity.

He said the consensus is to have these courses away from the general public.

“The manager at Darien Lakes State Park said they have it on trails that aren’t used much,” Bialkowski said. “And the discs aren’t Frisbees; they’re special discs for different uses – short range, long range. If you get hit by one, it’s going to sting.”

He also said courses should be equipped with trash cans and some need additional landscaping to make them work.

“The manager at Lincoln Park said they have an 18-hole course that used 16 to 20 acres and it works out pretty well, except for one part that is near a picnic area,” he said.

Bialkowski explained that Batavia’s smaller neighborhood parks may be able to support a disc golf course, but noted that baseball and other athletic fields have taken space that previously was used for walking and hiking.

GCC COULD BE A POSSIBLE SITE

As far as Centennial Park is concerned, he said citizens have spoken, they enjoy the park as it is and Council has rendered its decision.

“Being an at-large councilman, I represent all of the citizens of the city,” he said. “We have to do our homework. I’m disappointed that Mr. Boyd isn’t satisfied with our process, but that’s the way it is.”

Jankowski said that he heard there was movement toward putting a disc golf course at Genesee Community College and encouraged Boyd to look into that as well as other possibilities.

“There might be better options out there and I find it interesting that he is so focused on one area and not any other opportunities that might be even better,” he said. “Let’s look into it.”

Boyd, in response, said he is aware of a course proposed for GCC and is assisting those who are spearheading that effort as well.

"They were having problems with finding funding and I’m now working with them to get the funding and quotes for the baskets, tee pads and signs with the people I have connections with," Boyd said, adding that it opens up the prospect of having disc golf courses in both the town and city. 

Previously: Residents speak out against disc golf at Centennial Park

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Photo at top: Phillip Boyd, wearing his disc golf jersey, displays his plans for a course that he hopes will find its way to the City of Batavia. Photo at bottom: The course that he designed for his preferred destination -- Centennial Park, which has been removed from consideration by City Council. Photos by Mike Pettinella.

Western New York -- A hotbed for disc golf

By Mike Pettinella

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The president of the Western New York Disc Golf Club LLC said the sport -- in the same manner as bowling, walking, bicycling and swimming – is an activity for people of all ages and skill levels.

“The great thing about disc golf is that anybody can go out and play it. You don’t have to be the college athlete; you can do it for exercise, to have some fun with your friends or you can get into the competitive side of it. It has different functions for different people,” said Jeremy Hoeltke, of Grand Island.

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A professional disc golfer, Hoeltke, 40, (photo at right), said the club was formed about six years ago and members work with park officials in Erie County and Niagara County (and also at the Pembroke Town Park) on course placement and upgrades.

He said the sport has experienced a dramatic surge in popularity, with his club alone listing hundreds of members who play on 10 to 12 courses in the Greater Buffalo area.

“We’ve seen the growth in the number of tournaments we’ve run in recent years and an increase in the number of players, especially over the last year in a half since COVID and the pandemic hit,” he said. “Not much was open so the sport picked up a lot of new players. There wasn’t much else to do. A lot of them have stuck with it and continue to play in leagues.”

Hoeltke said the club runs leagues on Monday through Saturday. He said it doesn’t cost much to play, either.

“You can get a beginning set of three discs for around $30,” he said. “The majority of the courses in the area are free to play. It’s much cheaper than a round of golf, I’ll tell you that much.”


SEE ALSO: You can't fight City Hall? Batavian Boyd pushes on in effort to put nine-hole disc golf course at Centennial Park


The courses vary in size and degree of difficulty, he said.

“Some courses are championship-level larger courses and we have some courses that are in your small town or city park. Both work,” he offered. “From what we’ve seen, honestly, when there’s a course that goes into a smaller park, usually the park gets cleaned up. We pick up trash; we have work days. We care about the property that the course is being put on.”

He said that disc golfers are passionate about the sport and see it as a positive addition to a municipality.

“Usually the community ends up embracing it even if there is a little bit of push back. They realize that there are people out there using this land that wasn’t used before. And you see less litter because now the park is being controlled and monitored by people who care about it – and are happy that there is a disc golf there and they take pride in it.”

Hoeltke said it costs between $5,000 to $10,000 to put a course in, depending upon if it’s a nine-hole or 18-hole layout, but “in relation to putting in a tennis or basketball court, it is significantly cheaper.”

The discs are made out of plastic but are heavier than a Frisbee, Hoeltke said.

“When you throw them, that gives them that extra swipe into it and they’ll go farther,” he said. “They go pretty far if you give them a good huck. And there are eight to 10 manufacturers, with some used as putters, midranges, fairway drivers and distance drivers. It kind of mimics ball golf in that regard.”

He has been playing competitive disc golf for 10 years. While some players carry a backpack specially designed to hold discs, water bottles and extra towels, Hoeltke said he uses a cart when he competes.

“Disc golf is whatever you want to make it. If you want to get into the competitive side, then start joining leagues and tournaments, buy a bunch of discs and a bag, everything,” he advised. “Or if you want to go out once a week with some friends and have fun, you can do that, too. It’s is casual fun to highly competitive.”

Another area organization is the Greater Rochester Disc Golf Club, which lists 21 courses on its website, including one in Bergen and another in Darien Center.

Other courses are located in Churchville, Sweden, Waterport, Parma, Chili, Spencerport, Rochester (two), Henrietta, Scottsville, Monroe Community College, Webster, Williamson (two), Victor, Canandaigua, Greece, Geneseo and Naples.

Photo at top: A disc golfer lets one fly off the tee at a tournament in Ransomville last year. Courtesy of WNYObserver.com.

Previously: Photos: Disc golf lessons at Darien Lakes State Park​

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