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Bill introduced by Hawley to assist military families passes Assembly

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced movement of legislation, A.9216, to a floor vote which assists military families who have to relocate to New York because of a change in their duty stations and veterans who are transitioning back into civilian life. It allows children of these military families flexibility in course requirements when transferring to new schools because of the move. It also allows veterans who are new to the state to receive in-state tuition at SUNY and CUNY schools. The bill makes the family members of men and women who died from combat wounds eligible for supplemental burial allowance, and allows the Department of State to let out-of-state licensed real estate brokers in military families practice in New York.

“As the ranking member on the Veterans’ Affairs Committee, I considered this bill a high priority because it addresses issues unique to military families. This legislation will make the transition for military families into New York easier. This is one small way we can show our appreciation for the men and women who serve our country,” Hawley said.

Hawley announces summer reading challenge

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced the beginning of his annual Summer Reading Challenge for elementary and middle school students. The challenge requires students to read at least 15 minutes each day for 40 days in the months of July and August. The children who complete the challenge will receive an official certificate from Hawley recognizing their achievement.

“Helping young people develop reading skills is critical to their education. I encourage every parent who wants their child to have a productive summer to get a Summer Reading Challenge from my office,” Hawley said. “My hope for this challenge is that it helps develop a lifelong love of reading that benefits them for the rest of their lives.”

Parents who want their kids to participate in the Summer Reading Challenge can contact Hawley’s office at 585-589-5780 to obtain a Summer Reading Challenge brochure, which has the list of recommended readings and a calendar to track progress.

Ghost Riders (both bands) bringing a free music show to Downtown on Friday

By Howard B. Owens

The Ghost Riders and The Ghost Riders Drum and Bugle Corps team up again for another free concert in Downtown Batavia at 7 p.m., Friday.

The venue this time is Larry's Steakhouse -- well, the concert is outside on the sidewalk and Ghost Rider Bill McDonald encourages music fans to bring their lawn chairs.

Larry's will be serving drink and food specials for the event.

(File Photos)

Accident with injuries reported on West Main Street Road, Le Roy

By Howard B. Owens

A motor-vehicle accident with injuries is reported in the area 6852 W. Main Street Road, Le Roy.

Le Roy fire and Le Roy ambulance dispatched.

UPDATE 9:08 p.m.: Mercy EMS also responding. Route 5 is being closed to eastbound traffic at Bater Road.

Storm-related calls for this evening

By Howard B. Owens

A tree and wires are down at 5968 W. Sweden Road, Bergen. The roadway is blocked. Bergen fire dispatched.

A tree and wires are down at 45 Church St., Elba. Elba fire dispatched.

UPDATE 8:35 p.m.: A utility pole has snapped and power lines are down in the area of 6112 Byron Elba Road. Byron and South Byron fire departments dispatched.

UPDATE 8:43 p.m.: A tree and wires are down in the area of 1075 Ham Road, Alabama. Alabama fire dispatched. Also, on 6323 Warboys Road, a pole is down with wires in intact.

UPDATE 9:43 p.m.: Town of Batavia Fire Department is requested to 5025 Ellicott Street Road, Batavia, for water coming through an electrical panel.

UPDATE 10:02 p.m.: State Police have requested Pavilion fire police to shut down Route 63 at Route 19 because of a stuck railroad crossing gate.

Local entrepreneur has growing new business on Cedar Street

By Howard B. Owens

The way 29-year-old Curtis Gallagher sees it, he's finally found a niche in business that isn't already occupied by a hundred other guys doing the same thing.

He's tried blacktop sealing and for two years he ran his own detailing and tinting shop. Now he's selling everything you need to start and maintain your own hydroponic garden.

A week ago he opened Nature's Best Hydro-Garden Center on Cedar Street, Batavia.

Hydroponics is an increasingly popular way for people to grow fruits, vegetables and even flowers without soil. The main medium is water, supplemented with nutrients.

"It's really pretty simple," Gallagher said. "A lot of people are intimidated. They think there's a lot to it, but it's very simple, and the growth rate for the plants and vegetables is twice as fast with hydroponics than in soil."

Gallagher sells everything a hydroponic gardner needs -- the trays and bins, grow tents, grow lights, nutrients and other items gardeners might use.

He settled on hydroponics for his new business because he found that he had a hard time getting what he needed locally to support his own hobby.

So far, he's drawing customers from throughout the GLOW region.

"There's a lot of people who have to travel out of town, so instead of spending their money in the community, they're spending it in Rochester or Buffalo," Gallagher said. "I'm trying to keep it in the community."

His parents loaned him the money to get started, though they were skeptical at first.

 "My parents asked me, are you sure, and I'm like, 'the only way to find out is to try it,' " Gallagher said.

He got out of the detailing business when his lease expired on his building and the landlord wouldn't renew it. He decided it wasn't worth it to try and open a new location.

When he started thinking of a new career, he realized he already had one growing.

"I'm really the only person around here doing this kind of work, and I think around this area, Genesee County, you have to be more creative," Gallagher said. "You have to have something that's more unique to be able to succeed verus just opening up something that everybody else is doing already. Whoever has their foot in the door first is the one who stays with their foot in the door."

Now, Gallagher is looking forward to each new workday.

"It's almost like having a pet," Gallagher said. "Like my tomato plants over there, every day when I come in it's like another tomato and another tomato. It's growing so fast I can't believe it. It's fun. I'm into hunting and fishing. It's like another hobby. Now it's turned into a career, I guess."

County Attorney recommends Legislature go along with Darien's request for indemnification, though unnecessary

By Howard B. Owens

It's not necessary, but County Attorney Chuck Zambito is advising the County Legislature to pass a resolution indemnify the Town of Darien against any potential damage caused by the new communication tower installed on fire department property.

If there was some unexpected accident, such as the tower falling, the Town of Darien would face no liability whatsoever if somebody was hurt, Zambito said.

However, the town is holding up signing an agreement to accept emergency radios from the county in order to get the hold-harmless agreement.

"I'm not sure how the two are connected," Zambito told legislators during the Public Service Committee meeting Monday.

It's not the first time the Town of Darien's actions have had Zambito scratching his head. During construction, the town required the county to apply for a building permit, even though legally, the county didn't need a permit.

"In the end, rather than fight about it, I said, 'OK, apply for the building permit' and they immediately gave it to us," Zambito said.

The tower in Darien was built on property owned the Darien Volunteer Fire Department. The county provided the fire department with a hold-harmless agreement because if there was an accident, the fire department could have been sued without it.

That simply isn't the case with Darien, Zambito said, but town officials are insisting on an agreement anyway.

Zambito will draft an agreement and present to the Legislature at a future meeting.

Frost Ridge announces date change for John Michael Montgomery

By Howard B. Owens

Press release:

Due to logistical issues in moving this concert to the Genesee County Fairgrounds, this event has been rescheduled for Saturday, Oct. 11th, 2014. If you already have tickets, they are still valid.  

If you have already purchased camping, please come camp with us this weekend for FREE and come back during the weekend of Oct. 11th, 2014 to get the full Jam At The Ridge Experience. More details about the activities for this weekend will be posted on our Web site TheRidgeNY.com as well as our Facebook page.

Thank you to everyone who has helped us keep the music alive at The Ridge NY.

Law and Order: Perry woman accused of impersonating sister when arrested at Dave Matthews concert

By Howard B. Owens

Kaitlyn Mackenzie Hayes, 20, of Lake Street, Perry, is charged with criminal impersonation, 2nd, and trespass. Hayes allegedly impersonated her sister to reenter Darian Lake Performing Arts Center during the Dave Matthews concert Wednesday. It was later found that she allegedly used a false identification, her sister, at the time of her arrest.

Justin M. Wotherspoon, 27, of West Main Street, Batavia, is charged with criminal contempt, 1st. Wotherspoon allegedly had physical contact with a person in violation of a court order. Wotherspoon was jailed without bail.

Danielle Marie Stevens, 37, of Ford Road, Elba, is charged with grand larceny, 4th. Stevens is accused of stealing the wallet of a WIC employee who was assisting her. Stevens was jailed on $10,000 bail.

Christopher Free Bragg, 28, of Genesee Street, Corfu, is charged with petit larceny. Bragg is accused of shoplifting from Walmart. 

Richard Michael Wroblewski, 61, of Williamstowne, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater and speeding (70 in a 55 mph zone). Wroblewski was stopped at 8:10 p.m. Friday on Clinton Street Road, Stafford, by Sgt. Greg Walker.

Cody James Hinchey, 27, of Reed Road, Churchville, is charged with DWI, driving with a BAC of .08 or greater and speeding. Hinchey was stopped at 1:19 a.m. Saturday on Byron Holley Road by Deputy Joseph Corona.

Richard Henry Forman, 64, of Ellinwood Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Forman was reportedly involved in a motor-vehicle accident at 3:01 a.m. Friday on Genesee Street, Pembroke. The accident was investigated by Deputy Joseph Corona.

Photos: Lion's Bike Tour

By Howard B. Owens

The Batavia Lions Club hosted its annual Bike Tour in Batavia Saturday. 

Photos submitted by John Murray.

Scoring outburst in eighth give Muckdogs win in home opener

By Howard B. Owens

A seven-run eighth inning propelled the Batavia Muckdogs to victory in the team's 2014 home opener in front of 1,400 fans.

A three-run double by Miles Williams broke the eighth wide open after the Muckdogs trailed Auburn throughout the game 2-0.

Alexander Carreras got the win, tossing three scoreless innings. Starter Jose Adames went five innings, giving up the two runs on two walks and five hits. He fanned five.

The Muckdogs were held to only six hits on the evening, with second baseman Rony Cabrera collecting two hits.

Batavia is 1-1 on the season and meet up with Auburn again today at 2:05 p.m. at Dwyer Stadium. Next home game is Monday at 7:05 p.m.

Photos by Mike Janes.

Top photo: Shortstop Aaron Blanton slides home safely during the team's seven-run eighth inning.

Manager Angel Espada is introduced before the season opener.

Shortstop Aaron Blanton poses for a photo with Ann Gavenda after she threw out the ceremonial first pitch; Gavenda was in attendance during the 1939 opener.

First baseman Scott Carcaise tags Jose Marmalejos-Diaz on a pickoff attempt, however Diaz was called safe.

Catcher Rodrigo Vigil at bat.

Two young fans participating in the three-legged race in between innings.

Young fan gets to hit Muckdogs General Manager Travis Sick in the face with a pie after answering a trivia question correctly.

Relief pitcher Alexander Carreras, the game's winning pitcher.

 Outfielder Ryan Aper leads the celebration after the Muckdogs defeated Auburn 7-2.

Notre Dame out of sync in state championship semi-final in Binghamton

By Howard B. Owens

Things really didn't go Notre Dame's way in what turned out to be the baseball team's final game of the season.

Nobody wanted it to end this way, with a 7-1 loss to Smithtown Christian in the Class D semi-final game for the state championship, but Coach Mike Rapone said he told his players to hold their heads high.

"I tried to joke with them that if I told you the first day of practice that, 'you know what, we're going to lose in the state semi's,' I think you might have signed up for it," Rapone said.

Starting pitcher Alec Covel agreed. Clearly pained by the loss, he said he still recognized the Fighting Irish accomplished a lot this year, more than they might have thought possible at the start of the season.

"It's been fun," Covel said, not at all sounding like it has been fun. "I'm going to tell my kids about it someday. It's something to look back to."

Covel clearly had a reason to be disappointed. The ace of the staff, and a big reason Notre Dame made it this far, Covel struggled with his control all afternoon.

He walked the first two batters he faced. Both would score, because of throwing errors, even as Covel recorded all three outs in the inning on Ks.

"I was battling the whole time, pitching from behind and it showed," Covel said.

After the top of the first, Covel went with a coach into the bullpen to throw more.

"I was working on a drill to get over my front side," Covel said. "The mound was flatter than usual and I couldn't get over my front side and I was leaving pitches up."

Catcher Andrew Mullen said he thought Smithtown's hitters did a good job of not letting Covel establish a rhythm.

"The took their time in there, like any good team would," Mullen said. "I think that shook him up and then after that, things really didn't go our way, so he couldn't get comfortable."

Mullen thought Smithtown's starter, Jack Palma, who threw a complete game, threw harder than pitchers Notre Dame has faced recently, but he wasn't unhittable.

In fact, Notre Dame put a lot of balls into play, just not too many of them were hit hard or turned into hits.

"Anything in the infield they would chew up and it was an out for them," Mullen said. "That definitely helped them."

Rapone said Palma wasn't at all overpowering.

"All he threw was a fastball and a change up, but he was keeping us off balance," Rapone said. "We only hit the ball hard but a few times, so you've got to give him credit. Whatever he was doing was working."

Even though Covel walked four, he struck out six and Rapone said he pitched well enough that Smithtown should not have been able to put seven runs on the board.

"If we made some plays behind him, it's a lot closer game," Rapone said. "But they're a good baseball team. They didn't make too many mistakes. They were patient at the plate. They didn't help us out with anything, and we threw the ball around a little bit, misplayed a ball in the outfield we probably should have caught, and that's what happens. When you get to this level, the team that executes better wins. They executed better, so they won."

A team that has been relaxed all year may have found it a little harder to get loose for such a big game, Rapone said.

"I was surprised that, as loose a group as this has been all year, they were a little tight before the game, and then they started playing that way," Rapone said. "I think if we could have gotten out of the first inning, as we probably should have, without giving up anything, maybe we would have relaxed a little bit."

Mullen agreed with Rapone's assessment.

"We were a little nervous coming into this," Mullen said. "It was a lot of pressure on us. We had been really relaxed to this point, but I think being in the final four finally caught up to us. I think a little bit of nerves got to us, and he (Palma) was a good pitcher."

In the final, Smithtown beat Hancock 7-3 to take the state's Class D title.

We'll have a slideshow of more photos available in the morning.

Notre Dame supporters, reminder, it would be a big help with the expense of this coverage if you joined The Batavian Club.

Notre Dame drops first-round game in baseball state championship

By Howard B. Owens

Smithtown Christian celebrated a first-round victory over the Fighting Irish of Notre Dame this afternoon at Broome Community College in Binghamton. Smithtown won 7-1, eliminating Notre Dame from the state championship series.

We'll have a game story and photos later (long drive back to Batavia before I can work on it).

P.W. Minor reportedly tells employees the business is closing

By Howard B. Owens

Executives at P.W. Minor, a locally founded, 147-year-old business, reportedly told employees today that the firm is closing July 31 and the workers will be out of their jobs.

Employees posted about the announcement on Facebook and The Batavian contacted two employees directly. One wouldn't comment, the other confirmed the announcement.

The shoe-manufacturing company was founded in 1867 by two Civil War veterans who originally called their company Minor Brothers Boots and Shoes.

The Batavian e-mailed P.W. Minor's CEO Wally Hinchey at about 6 p.m. seeking comment and has not received a response.

Group of Le Roy residents upset with sale of old town dump to company for recycling facility

By Howard B. Owens

A year ago, Town of Le Roy officials took a look at 118 acres of land on its books and decided the town really had no short-term nor long-term use for it, so they decided to put it up for sale.

That decision came under fire from about five local residents at the town board's Thursday meeting.

The parcel is being sold to Zoladz Construction Co. for $95,000. Zoladz plans to open a facility to recycle municipal green waste and concrete from reconstruction projects.

Neighboring landowners are concerned about the noise, the dust and the possible pollution.

"We don't dispute your right to sell it," Thomas Ryan said. "It's who you sold it to."

Supervisor Steve Barbeau spoke at length about the history of the property and the decision to sell it. He said the sale was advertised in the Le Roy PennySaver and the Genesee Valley PennySaver and he wrote about it in his column for the Le Roy PennySaver.

In the end, only two potential buyers came forward: One offering about $40,000 and Zoladz.

The lower bid came from an outdoor club that would have used the property for hunting. 

Town Attorney Reid Whiting said the town tried to convince the club to increase its bid, but the club leadership said that just wasn't possible.

The board didn't act on Zoladz's offer right away. Instead, Barbeau took the issue to the Le Roy Business Council for advice and feedback.

Members there, he said, supported accepting the higher bid from the commercial business, getting the property back on the tax roles.

The board held another public meeting about the issue and then decided to accept Zoladz's purchase offer.

It's still not a done deal, Barbeau said, and even once the property is conveyed to Zoladz, the company must still seek DEC permits and get zoning approval.

While the property is in an industrial zone, the list of permitted uses in Le Roy's industrial zone doesn't include green waste and concrete recycling. The company will need a variance for such an operation, which must be approved by the Zoning Board of Appeals and the Town Board.

The parcel is located off Neid Road, just north of Gulf Road, in an area dominated by Hanson and Dolomite quarries. It's near the Lehigh Railroad derailment site, which Barbeau noted the town got an unrequested reminder about a couple of years ago.

Tom Dintruff and other neighbors raised concerns about possible pollution at the site.

At one time, the site was a quarry, then in the 1940s, it became a town dump. In 1979, a fire shut it down.

The fire burned for 10 days with various fire departments dumping water on it to try and control it, Dintruff said.

Dintruff said one local business owner advised against even trying to put the fire out, especially with water.

"You don't know what's in there," Dintruff said the man told town officials. "He wasn't saying it's a mystery. He was saying he knew what was in there."

The land has been unused and unoccupied since.

Ryan, Charlie Miller and Keith Maxwell raised concerns about truck traffic and noise.

Ryan said when he bought his land, it was with the belief that the old town dump would never be used again because of the environmental issues.

"I wouldn't have bought my place if I'd known there would be trucks running up and down my front yard," he said.

The roadway into the dump is just 55 feet from the front of his house.

He added, "Neid Road is already starting to crumble. There are no shoulders. I don't think it's set up for industrial traffic."

There was no resolution to the issue for the local residents last night and no promises were made by the board regarding future actions.

Video: Jankowski wins four awards at state pistol championship

By Howard B. Owens

Eugene Jankowski, former lieutenant with Batavia PD and current City Council member, recently took home four awards from the 2014 NY State IDPA International Defensive Pistol Championships at Pine City Sportsman's Club near Elmira.

Jankowski finished:

  • 1st Place Law Enforcement
  • 1st Place Senior
  • 2nd Place Stock Service Pistol Master class
  • 2nd Place Overall

Notre Dame rallies for baseball team as it heads off to play for a state championship

By Howard B. Owens

Notre Dame High School held a rally this morning in support of its baseball team before the team left for Binghamton and a shot at a state championship.

Tomorrow, in a final four match, the Fighting Irish play Smithtown Christian High School. The winner will play either Hancock or Heuvelton Central. The Batavian will bring you full coverage or ND's run at the title. This is only the second time in the school's history that the baseball team has played for a state championship.

Photos submitted by Joseph Scanlan.

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