A search of more than four years is about to come to an end for Iroquois Trail Council of the Boy Scouts of America.

The local Boy Scouts organization has been looking for consolidated, easily accessible, visible office space since at least 2015 and now has a pending purchase offer for a commercial building at 102 S. Main St., Oakfield.

The purchase agreement is contingent, among other things, on the council receiving approval on a site plan to convert the retail space into office space.

The location was most recently the site of a secondhand store, All About Yous.

"The advantage is mainly to our customer base, which is access," said Director Jim McMullen. "And it gives us an opportunity to house each of our staff in a workable space. We're pretty crowded right now."

Currently, the council has a small space in Downtown Batavia and an office in Lockport.

The new location will combine those, giving staff more room, and giving the scouts space for leaders and parents to pick up materials. It will also provide the council with a place to hold meetings.

A couple of years ago the council thought it had found a new office on West Main Street Road in Batavia but that deal didn't come together.

"It's been tough to find, space that is appropriate to our needs and is also on an easily accessible route," McMullen said following a meeting of the Genesee County Planning Board, which recommended approval of the site plan.

Don Ames said the scouts have owned their own office space for decades.

The purchase is also contingent on the building passing an engineering inspection and the property getting confirmation for tax-exempt status for nonprofit ownership.

The property is a little more than a half acre. The building on the property was built in 1998 and is 2,400 square feet. It's assessed value is $117,000.

Also on Thursday, the planning board recommended approval of a special use permit for a five-megawatt solar farm at 5103 Ellicott Street Road, which is currently farmland owned by Donald Partridge. The location is 20 acres and the facility will be built and run by Trousdale Solar LLC and will provide sufficient solar power for 750 to 1,000 homes.

Under the Community Distributed Generation Program, the solar energy would be distributed to customers through National Grid and the customers would receive solar credits against National Grid bills and pay Cypress Creek (the company administering the program) separately for the solar power. The overall cost to customers who sign up for the program will be lower than what they're currently paying, according to documentation from Trousdale Solar.

Bill Pitcher has been an umpire for high school and youth baseball in and around Batavia for 50 years.

Judge Charles Zambito was in no mood today to give a Batavia man with prior burglary convictions and an admission to a string of burglaries in the City of Batavia late last year much of a break on his sentence in County Court.

Christopher Tyler Sprague, 25, will serve at least three and a half years in state prison and could serve as much as seven, under the terms of his sentence today.

Zambito could have given Sprague up to 15 years in prison but chose not to make his sentences consecutive on his conviction on two counts of third-degree burglary.

Sprague was arrested in January, accused of burglarizing several businesses in Batavia in December.

He also served a stint in state prison on a burglary conviction in 2012 and was arrested on burglary charges in 2016 and served a term in prison on a felony criminal mischief conviction.

Today, Sprague vowed he was ready to turn his life around and asked for a second chance.

"If you can't show me mercy, please do it for my fiancée, my siblings, and my mother," Sprague told Zambito. "Please consider a Willard (rehabilitation) sentence so I can get home as soon as possible and help me get help and get into rehab.

"Your honor," he added, "I'm sincerely ready and willing to change, to change my life around."

Sprague said he had a job on a farm waiting for him once he's out of jail and that he intended to fully compensate his victims.

"I feel horrible for the acts I did and I take full responsibility for what I did," Sprague said.

Zambito said the defendant's criminal record left him unconvinced that he could rely on Sprague to really turn his life around.

"I look at your record and you tell me you've turned a new leaf and you're going to take care of your substance abuse problem but you've already served multiple state sentences for burglary," Zambito said.

Zambito also ordered Sprague to pay restitution, with interest, of $3,897.48, in increments of $100 a month starting 60 days after his release from prison.

For the second time this year, the actions of a stenographer in the Grand Jury room is causing difficulties for District Attorney Lawrence Friedman in the Genesee County Courtroom.

Today, Friedman moved to have what had been a sealed indictment on burglary, trespass, and forgery charges dismissed because a stenographer spoke to grand jurors about the case while the prosecutor was out of the room.

Friedman must now have a new grand jury hear the case against Malik Ayala at a later date.

Ayala was in court today to deal with matters related to his pending case -- criminal possession of stolen property -- and he was also arraigned on these new charges from the sealed indictment.

The counts in the indictment were burglary, 2nd, criminal possession of stolen property, 3rd, and forgery.

Immediately after the charges were read, Friedman made a motion to dismiss the indictment because a court stenographer had jeopardized the integrity of the proceeding. 

Freidman said he had previously informed Public Defender Jerry Ader, who is representing Ayala, that he would move to have the indictment dismissed but with the court's permission to resubmit the case to a grand jury.

He gave Ader a choice -- to present it to the current grand jury, which is the one that heard the case the first time, or waits for a new grand jury to be empaneled.

Ader asked that the case be presented to a new grand jury.

In March, Friedman revealed during another court proceeding that a stenographer had been using an audio recording device on her machine to record grand jury proceedings.

Friedman had another appointment after Ayala's case and was not immediately available for questions, so we don't know if this is the same or a different stenographer.

Ayala was arrested in November along with his brother TeeSean Ayala after the two men were stopped in a car that had pulled into the driveway of County Manager Jay Gsell where they reportedly tried to dispose of a handgun.

During today's proceedings, Judge Charles Zambito told Ayala that he had been informed that Ayala had violated the terms of his release-under-supervision contract. He said that Ayala is accused of testing positive for marijuana and alcohol consumption May 7 and May 14, and for marijuana, cocaine, and alcohol May 28, and that he was arrested on a petit larceny charge June 7.

Zambito had the option to terminate his release under supervision but based on updated reports from Horizon the judge decided it was better to allow Ayala to continue treatment. He warned Ayala that if there are further violations, he would put Ayala in jail and impose bail.

Ayala's status could change when and if a new grand jury indictment is returned.

David Bellavia will not become on June 25 the first Batavia resident to receive the Medal of Honor. That distinction goes to Charles Franklin Rand, who is also considered the first volunteer to sign up to fight in the Civil War.

In this video, Ryan Duffy, director of the Holland Land Office Museum, tells us about Rand.

Press release:

Representatives from Batavia Downs today announced a new program that will provide a 25-percent discount to active first responders at Batavia Downs Restaurants.

This includes local, county and state police, volunteer and paid firefighters, and ambulance service providers, paramedics/EMTs, and correctional officers.

Discounts will be valid on food and soft drinks but will not include alcohol.

Active first responders must show their service ID card to receive the discount for them and one guest. The discount program is available starting today.

“We are so pleased to be able to extend this offer to first responders in our area,” said Scott Kiedrowski, vice president of Operations at Batavia Downs, who also oversees the Food & Beverage Department.

“We value their contributions to our communities in keeping us safe and healthy. This discount is a token of our gratitude."

The cases of three men arrested on drug charges in Batavia were heard in Genesee County Court this morning.

Locicero is charged with: criminal sale of a controlled substance, 3rd, a Class B felony; criminal possession of a weapon, 3rd, a Class D violent felony; and two Class A misdemeanors -- criminally using drug paraphernalia, 2nd, and criminal possession of a controlled substance, 7th.

He was arrested in May by the Local Drug Enforcement Task Force and is accused of selling fentanyl to a task force agent; and he was allegedly found in possession of an illegal knife, a crack cocaine smoking device and suboxone.

On Feb. 22, the 27-year-old resident of Dewey Avenue, Rochester, was reportedly found in possession of a quantity of fentanyl, crack cocaine and cash at a residence on Hutchins Street, Batavia.

Jones was arrested by the Local Drug Enforcement Task Force and his bail was set at $50,000 bail, which Judge Charles Zambito continued today.

At his arraignment, his attorney Marty Anderson said his client pleads not guilty.

On March 27, probation officers allegedly found 56 bags of crack cocaine at a house on Liberty Street, Batavia. Lee was one of five individuals arrested as a result of the investigation.

Lee’s $40,000 bail bond was also continued by Judge Zambito.

Assemblyman Steve Hawley (R,C,I-Batavia) met with supporters at a rally in Albany Wednesday organized by the New York Farm Bureau and Grow-NY regarding the dangers of allowing farm workers to unionize.

Hawley, the former owner and operator of Hawley Farms in Batavia, is a longtime member of the Assembly Agriculture Committee and has been outspoken on the damaging effects labor regulations would have on the family farming industry.

“I was proud to stand with dedicated farmers, activists and producers yesterday in Albany as we push back against labor regulations being advanced by New York City politicians,” Hawley said.

“Our family farms are already struggling under suffocating minimum-wage mandates and low commodity prices, and to regulate an industry, which thrives off the necessity to operate unique hours at different times would be devastating.”

Net farm income is down 50 percent from just a few years ago and farmers have little to no control over the prices they receive for what they produce, unlike most manufacturers who can set their own prices.

According to a 2019 report from Farm Credit East, mandatory overtime would increase labor costs on farms by almost $300 million and decrease net farm income by almost 25 percent.

“We know what works best for our family farms and that is the ability to regulate their own labor to produce the best results. I will continue to stand in the way of harmful farm mandates as session nears its end next week,” Hawley concluded.

Photo: ​Assemblyman Steve Hawley (R,C,I-Batavia) meets with Maureen Torrey and Shelley Stein, on left, from Grow-NY at Wednesday’s New York Farm Bureau Rally in Albany.

Pierce Corbelli, winner of the 2019 Paolo Busti Cultural Foundation Scholarship.

To his surprise, the scholarship recipient shared a very similar experience to Outstanding Italian-American Tony Palmer at the 35th Paolo Busti Cultural Foundation Scholarship Awards Dinner Wednesday night.

“I realized I had a deeper connection with someone else sitting in this room … Mr. Palmer, you mentioned your family is from Apuzzi. My grandpa’s family is also from Apuzzi,” said Batavia High School Senior Pierce Corbelli during his acceptance speech.

As he received his award, Corbelli said he, like Palmer, had the pleasure of visiting Apuzzi, Italy, and connecting with his relatives. After his remarks, Corbelli and Palmer shook hands and exchanged congratulations.

The foundation’s dinner at Terry Hills Restaurant, Batavia, celebrated shared Italian-American heritage among Genesee County residents and recognized high school seniors and adults who have embodied Italian-American values through their contributions to the community.

The Paolo Busti Scholarship is given to an Italian-American graduating senior from a local school who has followed the example of pioneering landowner Paolo Busti (Oct. 17, 1749 – July 23, 1824), who was the principal agent of the Holland Land Company from 1800 until his death.

Corbelli was selected among eight candidates, and he will attend the University at Buffalo to pursue a mechanical engineering degree.

The family of Vincent Gautieri also offers a memorial scholarship in honor of Gautieri’s Italian-American legacy. Spencer Misiti (in photo above), of Notre Dame High School, won this award due to his meaningful experiences growing up Italian-American.

Misiti thanked the Paolo Busti Cultural Foundation and his family for their support, and he will attend Canisius College in the fall to study marketing and finance.

This year's Outstanding Italian-American Palmer was honored for his dedication to the community and demonstration of Italian-American principles. Palmer described his Italian grandparents as “the forebears of this heritage” who taught him about his cultural food, family and customs.

“I really think this nomination isn’t about me. It’s about my family,” Palmer said.

Palmer, a Batavia resident, thanked his wife, Margaret, for her role in raising their nine children and supporting their 22 grandchildren and nine great-grandchildren. Palmer expressed gratitude to the foundation for this distinction, and he hopes his Italian traditions will be carried on by his ever-expanding family.

Below, is Tony Palmer, named 2019's Outstanding Italian-American at the 35th Paolo Busti Cultural Foundation Scholarship Awards Dinner.

(Photos courtesy of the Paolo Busti Cultural Foundation.)

The Batavia Muckdogs open their 2019 campaign at home at 7 p.m., Friday, which is the start of a two-game home stand against cross-Thruway rivals Auburn.

In the video, we talk with Tom Lawless, the new Muckdogs manager, and Dalvy Rosario, a top Marlin's prospect who is 19 and is expected to be the Muckdog's starting shortstop this season.

Last year in the Dominican Summer League, Rosario hit .257 with four home runs, 42 RBIs, 42 runs scored, and 26 stolen bases in 46 games.

This will be the 12th season Lawless has worked as a minor league manager since 1994. He's also been a hitting and infield instructor at the minor and major league level and he managed the Houston Astros in 2014 (70-92).

The former big-league ballplayer is best known for his bat flip after hitting a home run in Game 4 of the 1987 World Series (video below).

The Daniel King band playing ... for this episode of The Batavian Sessions.

Daniel now lives in Rochester but is from Batavia.

Bands interested in participating in The Batavian Sessions, email howard@thebatavian.com

A rider was reported unconscious following an ATV accident at Area 51 on Harlow Road and Mercy Flight has been dispatched.

East Pembroke Fire Department is responding.

A first-responder on scene indicated the patient had gained at least some degree of consciousness.

"He's not talking much," he said.

Press release:

Congressman Chris Collins (NY-27) and Congressman Peter King (NY-2) reintroduced the "Renovate and Enhance Veterans’ Meeting Halls and Posts (REVAMP) Act."

This legislation will grant organizations access to federal funding for maintenance and improvements to veteran halls and posts.

American Legions and VFW Posts provide a place where veterans can come together to share their stories, get help with VA claims, and get involved in the community,” Congressman Collins said.

“I would like to thank Congressman Peter King for once again joining me in introducing this vital legislation that ensures our veterans have the resources they need to maintain and improve their facilities.”

“Veterans organizations like the VFW and American Legion continually provide and open their facilities to our communities,” Congressman King said. “It is only fair that we provide them with the opportunity to upgrade and repair these facilities to ensure continued use.”

The REVAMP Act allows organizations who are classified by the IRS as 501(c)(19) nonprofit organizations and comprised primarily of past or present members of the Armed Forces and their family members to be eligible for funding through Community Development Block Grants (CDBG).

This legislation uses existing CDBG funding to make veteran organizations eligible for that particular funding and does not add to the deficit.

Text of the legislation can be read here.

A statement from Assemblyman Steve Hawley on the Assembly passing legislation awarding driver’s licenses to illegal immigrants:

“This sends a dangerous message to society – it’s acceptable to enter our country illegally and continue to break the law because you will be rewarded.

"Downstate politicians continue to peddle handouts and shortcuts for everyone but the middle class. Felons get pay raises, illegals get driver’s licenses and sex offenders get voting rights. Make no mistake, this is a step toward allowing illegals to vote in our elections.

"Recent polling shows the majority of the state opposes this radical proposal but New York City politicians are more concerned with scoring political points against President Trump than following public sentiment – a disgraceful day in Albany.”

When Le Roy Board of Education members were warned that special education students were not making adequate progress, Denise Duthe asked, “When you look at where we are putting our money and where we are focusing our time, what are we doing? What do we need to do?”

Consultant Bonnie Whitney, Ph.D., responded, “Before you start more programs, I think we need teachers to be able to teach kids to think … There needs to be more intervention with just helping the students understand themselves.”

The special education program consultant update was a main focus at the Tuesday board meeting.

Whitney said that she and Le Roy special education faculty members have developed learning models for teachers of underperforming students with special needs.

“One of the observations that was very clear is our students were being helped to complete tasks. That’s not learning,” she said. “If the students cannot walk away and say, ‘I know how I did this,’ they haven’t learned.”

In addition to concerns about the lack of student progress in special education classrooms, Whitney spoke about compliance issues with New York State Department of Education requirements.

Due to poor data maintenance in past years, the district was only able to recover full state funding for special education programs from 2016 to 2019. Whitney said that Chelsea Eaton, the new director of special education and student services, will ensure future data collection is done correctly.

Whitney said, “It’s a mistake that we couldn’t recover completely, but we can move forward. Those are not easy processes to do.”

Whitney recommended new lesson plan templates for special education teachers to remedy student performance issues. The templates explain how instructors can better understand developmental disabilities, identify factors that disrupt learning, and set goals for students with special needs.

Whitney said special education teachers have been very responsive to improvements in compliance and program effectiveness.

“We really looked at whether the teachers are instructing the students to gain information to help them either cope with their disability, overcome their disability, but certainly not succumb to their disability,” Whitney said.

In other action, the Board:

— Recognized the varsity baseball and track and field teams for their athletic and sportsmanship achievements during the spring sports season.

— Discussed the breakfast and snack packages that will be provided for elementary Summer Academy students. A new feature of this summer learning program is that students are allowed more flexibility in attendance as they participate in the academy.

— Developed a new District-wide School Safety Plan, which is open for public comment until June 23.

This morning a group of farmers and farm workers gathered in the parking lot of Farm Credit East before heading to Albany to participate in a rally against a proposed bill that would give farm workers the right to join unions and restrict their working hours to eight hours a day and 40 hours a week.

A Le Roy police officer has been dispatched to the Main Street bridge over the Oatka Creek to investigate a report of "three young kids" jumping off the bridge into the creek.

UPDATE 5:21 p.m.: An officer is clearing the scene after speaking to the juveniles. 

The Batavia City Council may consider exploring a “brighter” future for its residents through participation in the National Grid LED Streetlight Conversion program.

At Monday night’s Business Meeting at City Hall, the board heard from Paul Gister, customer and community management manager for National Grid, who presented three options designed to save money and direct more light upon city streets.

Gister said the power company offers three options for towns and villages in Upstate New York.

In this case, the City can:

-- Purchase the lighting system owned by National Grid;
-- Opt-in when a high-pressure sodium fixture fails and replace it with an LED;
-- Pay the net book value of its remaining high-pressure sodium fixtures on roadway lighting only (not decorative or post-top lamps) and change it to LED.

“There are currently 946 fixtures owned and maintained by National Grid that could be converted to LED, with the net book value of about $1.50 per head,” Gister said. “That puts the value at around $1,500.

“Since the value is less than the energy efficient dollars that National Grid would pay out (that would be a viable option for Batavia).”

Gister said that National Grid pays in the $50 to $100 range per fixture for LED conversions, which translates into at least $47,000 in incentives to the City.

He also noted that National Grid would provide the labor for the conversions while City officials would choose the wattage (or strength) of the LED bulbs, which provide better lighting more efficiently.

The program started in Massachusetts about four years ago, Gister said, and came to Upstate New York in 2016 after authorization by the NYS Public Service Commission.

The Town of Batavia was one of the first municipalities to sign up for the program (in 2017) and since then 10 towns and villages in this area have converted, Gister said.

“And the remaining 40 or so are somewhere in the process – either considering it or getting ready for conversion,” he said.

City Council President Eugene Jankowski touted the savings, improved lighting and incentives as reason to discuss the matter further.

Council Member Adam Tabelski noted that many communities are buying back the complete light fixtures from National Grid and finding significant savings.

“I’d like to look at both options, and if any analysis has been done, I’d like to see it,” he said. “If we owned the infrastructure, maybe we would realize more savings.”

To which Jankowski replied that Council should look at all the options.

Gister said he hopes that Council would eventually provide National Grid with a recommendation and move forward with the LED conversion. If that happens, the utility would bill the City for the net value of the fixture heads, approximately $1,500.