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Come on out to the Smokin' Eagle tonight and I'll pour you a drink

By Howard B. Owens

There should be some fun times at the Smokin' Eagle in Le Roy tonight -- it's the annual Habitat for Humanity fundraiser, "Pour You A Drink."

All tips to the celebrity bartenders will benefit Habitat.

I'll be there, with Mayor Greg "Porp" Rogers, Bill Pitcher from the Ghost Riders, Joe "The Comedian" Condidorio and Rick Ellis, from the famed band Duke Jupiter. 

The fun starts at 6 p.m. and doesn't stop until 10 p.m.

Notre Dame downs Whitesville 14-3 to advance to Far West Regional Championship

By Howard B. Owens

A favorable post-season schedule and a duo of dominant pitchers have certainly helped Notre Dame make a championship run, Coach Mike Rapone said after the Fighting Irish beat Whitesville in a Class D consolidation game 14-3.

In years past, by this time Section V and Section VI would already have played their regional championship game, but for Notre Dame, that game won't come until Saturday in Jamestown.

The spread schedule has allowed Rapone's pair of aces -- Alec Covel and Tyler Stroud -- to get plenty of rest between starts.

"They've been dominate all year," Rapone said. "Teams are hitting .100 or less against both of them. Covel's ERA is under one and Tyler's is a little over. You come to expect, I mean, I hate to say it, but you come to expect that you're going to get a well-pitched game. You just hope our defense and hitting keeps up."

Stroud took the mound in Dansville yesterday and gave a command performance through five innings. He struck out seven through five and didn't give up a hit until the fifth, when a Whitesville runner reached base on a close call at first.

"Really, I try not to think about it (the no-hitter), but it's there a little bit," Stroud said. "It's in the back of your head, so of course when I give it up, it's like, ah."

That squib of a hit put two runners on (Stroud had hit the prior batter).

Whitesville's first solid knock would come two batters later when their hitting machine, Cole Tracy, would lace a line drive to right field.

Stroud surrendered two runs in the fifth.

It helped, Stroud said, to have his offense jump to an early lead. The Irish scored a run in the first and then six in the second. 

Covel lead the offense with four hits and three RBIs. Andrew Mullen added two hits and knocked in three runs. Jarrod Wall also had two hits.

Mullen, the team's catcher, now hits clean-up for the Fighting Irish and over the course of the season has become an offensive force. He's playing more relaxed, he said, which has improved his approach at the plate.

"I've realized finally now, it's just a game," Mullen said. "It's fun. After this, it's probably over for me playing baseball, so it's fun to be with the team for three years now and it's all fun from here."

Notre Dame doesn't know yet who its opponent will be Saturday in Jamestown, but Rapone said he's confident the team is ready for the challenge.

"We've played good all year," Rapone said. "We've lost 3-2, 6-4 and 2-0, so we've been in every ball game. You just hope to continue to keep playing and see what happens."

For Notre Dame, all of the seniors are now high school graduates. That means no more classes, no more regular routine, the potential to lose focus.

"That's something you worry about," Rapone said. "It's not the same routine. They used to get up, go to school, then go to practice or a game. Now they're home. Who knows what time they're getting up. Some of them have jobs, so they're already working. That's always a concern this time of year."

How do you keep them focused?

"I just tell them to get up," Rapone said. "Get out of bed. But I'm not there to make sure they do it."

Mullen said that as a graduate, you know this is the last hurrah and that's what keeps you on task.

"It's a little scary to see how fast it flew by, so that's one thing that keeps you focused," Mullen said. "You realize the end is near, so just getting up every day and doing the normal routine, not sleeping in until 3 o'clock, and going straight to the game."

This is a team, Mullen said, that will get the job done.

"We're pretty relaxed," Mullen said. "The team camaraderie is pretty good. We can mess around together. We can get serious together. We always keep each other on task or focused and when it comes to game time, we have all the same goal in mind."

Whitesville's first hit. Ruled safe at first.

As white fluffies fell on the field, Stroud was lifted in the sixth after giving up two hits. Stroud was having a little bit of hip pain, which affected his control and velocity. Even so, Stroud was unhappy about coming out of the game. "I don't like to watch," Stroud said. "I like to be out there."

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School district clarifies Title IX settlement, calls Empire Justice statement misleading

By Howard B. Owens

Press release from Batavia City Schools:

On behalf of the Board, I am pleased to report that a settlement has been agreed to in resolution of the lawsuit filed against the District by two families with respect to the District’s softball fields. While the District is glad that this situation is behind us and we can now fully focus on the completion of these projects, we are a bit dismayed by the characterization of this situation portrayed in the Empire Justice Center’s press release. The Batavia City School District is proud of its student athletic program and continuously works toward achieving equality across all sports.

The District has always been committed to its girls’ athletic program. As a District we cannot proceed with capital projects of this nature without voter approval. We sought voter approval in 2011 to make improvements to our playing fields but the voters did not approve the plan at that time. Despite this outcome in 2011, the District invested as much funding as possible for material and labor to resurface the girls’ softball infields and to make arrangements for games to be played on other appropriate local fields.  

The facts of this situation speak for themselves:

·      The District had committed to the upgrades prior to the commencement of the lawsuit. There are no substantial differences between this settlement and the capital improvement plans that the Board of Education proposed and approved in February 2013 for presentation to the voters in May 2013.

·      The scope of the Board and voter approved capital improvement project was incorporated into preliminary plans by the Young & Wright architectural firm in the Spring of 2013. The plans were finalized this year with the intention of completing the project by September 2015.

·      It is unfortunate that, despite the District’s stated intentions and voter approval, the plaintiffs felt compelled to proceed with this lawsuit. The pending litigation resulted in an unnecessary expenditure of District resources during these difficult economic times.

·      There is only one change to the project requested in the settlement that was not initially taken into account, but the District believes is reasonable, and that is the addition of a safety cap to the track and field fence at VanDetta Stadium that is adjacent to the JV softball field.    

·      Not directly related to the specific project plans under way, as part of the settlement the District was asked to confirm its obligations to equal opportunity in athletic programs pursuant to Title IX, which we have always followed and are happy to continue to do.

·      The District has always been, and will continue to be, committed to its girls’ athletic program.

Genesee Chorale preparing to perform Dvorak on Friday and Sunday

By Howard B. Owens

Under the direction of Ric Jones, the Genesee Chorale will perform Antonin Dvorak’s "Requiem Mass" on Sunday at St. James Episcopal Church, Batavia.

Featured vocal soloists are Maureen DeGolyer, soprano, Pat Fussell, alto, Mark Ross, tenor, and Jim Ellison, bass.

Tickets for the 4 p.m. performance will be available at the door and are $10 for adults and $8 for students and seniors.

On Friday, the chorale will perform at 7 p.m. in Albion's Pillars Estate in the Grand Ballroom. There will be complimentary wine and hors d’oeuvres at 6:30 p.m. Tickets are $20 and available online at geneseechorale.com or at the door. The Pillars is located at 13800 W. Country House Road, Albion.

Daily News selling Apollo Drive building; buyer asking GCEDC for assistance on business expansion

By Howard B. Owens

Press release from GCEDC:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) will consider two projects at its June 5, 2014 board meeting.

U.S. Gypsum Company is planning to upgrade its paper mill at 2750 Maple Ave. in Oakfield, NY.  The project will include replacing and relocating equipment, stock cleaning and enhanced manila production to improve the safety, quality and efficiency of the facility. The projected capital investment is approximately $23 million and will ensure employment retention of 98 existing manufacturing jobs and the addition of 12 new production jobs.

9 Apollo Drive is planning to purchase the former Daily News building at 2 Apollo Drive in Batavia. With the purchase, the company anticipates further growth and plans to expand its business and manufacture more doors and windows. The projected capital investment for the project is $750,000.

The GCEDC Board meeting will take place at 4 p.m. and is open to the public. Meetings are held at the Dr. Bruce A. Holm Upstate Med & Tech Park -- 99 MedTech Drive, Batavia, NY, on the 2nd floor, across from Genesee Community College. 

UPDATE: John Johnson, CEO of Johnson Newspapers, says that the Daily News hasn't sold its building and has no plans to move.

Rap video could become relevant in Dashawn Butler case

By Howard B. Owens

Batavia resident Dashawn Butler, suspected of discharging a firearm on State Street in September, was jailed Monday in lieu of $25,000 cash bail after being arraigned on a three-count Grand Jury indictment.

Butler entered a not guilty plea to counts of criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.

District Attorney Lawrence Friedman declined to discuss much about the case after Butler's appearance in County Court, citing concerns that pre-trial publicity could make it more difficult to select a jury, but he acknowledged that a rap video featuring Butler could possibly be used in future court proceedings.

The video is attributed to Mobb Bugatti and was produced by Rochester-based Triple R Muzik Group. The video, along with another one Butler is featured in called "Rollin'," and widespread Web marketing and publicity on social network and music sites indicate the aspiring rapper and TRMG are pursuing a music career for Butler.

The video could be taken in that context, or be seen as something more sinister.

During "Red Flags" Butler is seen waving a red bandana and rapping about "murder death kill kill" and disrespecting (using a different word) the law.

The professionally produced video appears to have been shot on State Street, Hutchins Place and Lewis Place. One scene shows a Batavia police car cruising down a street.

If Butler and his defense attorney Thomas Burns decide to make the people prove Butler's guilt beyond a reasonable doubt, the video could become relevant if Friedman decides to portray Butler as gang affiliated and that the shots-fired incident Sept. 27 on State Street was tied to possible gang activity.

Friedman declined to answer a question along those lines.

Asked if the video might tell us something about Butler that might be relevant to the case, Friedman said, "some people might feel that way."

There was some wrangling in court Monday over Butler's bail status.

Butler has been out of jail since a couple of days after his arrest in December because Friedman wasn't ready at the time to conduct a felony hearing in City Court.

Friedman argued Monday that Butler is facing three C violent felonies, has a prior felony conviction that could make him a second felony offender for sentencing purposes, and has a prior instance of failure to appear.

Burns countered that Butler has made his court appearances on time in this case, the prior failure to appear was many years ago in New York City and Burns doesn't believe Butler will qualify as a second felony offender.

There's also a speedy trial issue to look at in the case, Burns said. An arrest warrant was issued for Butler in October, but he wasn't arrested until December and only just now indicted.

Friedman said it took two months for Batavia PD to locate Butler. When he was arrested it was in the house of a person parole officers were looking for and Butler was hiding in a bathroom. Those circumstances negate the speedy trial issue, Friedman indicated.

Burns said Butler has lived in Batavia since 2001, moving here from NYC. He currently has a part-time job with a local food service business. He asked that if Noonan were going to set bail that it be something reasonable like $4,500.

Noonan set bail at $25,000 cash or $50,000 bond, which was the bail amount set in City Court when Butler was arrested in December.

The attorneys will spend the next 45 days preparing motions in the case and Butler is due in court again at 9:30 a.m., Aug. 4.

Warning: The video below contains profanity. This clip is edited to show just a representative portion of the video.

Jim Kelly present in spirit at 28th annual charity tournament at Terry Hills

By Howard B. Owens

Jim Kelly wasn't at Terry Hills today for the 28th annual charity tournament that carries his name because he's weakened by chemotherapy and radiation treatment for cancer.

At the start of the tournament his brother Dan had his head shaved both to honor his brother and to raise money for the Kelly for Kids Foundation. He challenged all of the golfers -- donors, athletes and celebrities to follow his example and over the course of the day, many of them did. (Cutting his hair, above, Michelle Napierala).

The Hall of Fame quarterback may not have been at his event this year, but he was there in spirit. Blue "Kelly Tough" T-shirts were everywhere and friends, such as ESPN broadcaster Chris Berman, spoke of Kelly's toughness and said that toughness is why he'll beat cancer and be back at Terry Hills next year to host his tournament. 

Former Bill and CBS Sports broadcaster Steve Tasker said much the same thing.

“We miss Jim being here,” he said, “but at the same token, it’s because of Jim’s presence and the quality of this event and what this event means – this is more than just a bunch of guys getting together for another event; this is like a reunion, not just a team reunion, but a family reunion for a lot of guys who’ve known each other for a couple of decades. The tournament’s been going on for 28 years and these guys are lifelong friends. The fact that Jim can’t be here today won’t change that.”

A fan gets her picture taken with the Bills 2014 #1 draft pick Sammy Watkins.

Former NBA star Gus Williams stops for a free brownie on the ninth hole, where a group of Batavia residents hang out every year to hand out treats to the stars and maybe get an autograph or picture.

Tasker talking with the media.

Bills Head Coach Doug Marrone with a group of Bills fans.

Berman talks with the media.

Actor Dan Baldwin, center, with his group on the first tee.

Tasker teeing off to start the tournament.

Mike Ziegler, a professional golfer and long-drive champion, would, for a donation, hit the drive for golfers on one of the back holes.

Neighboring buildings unharmed by fire that destroyed long-standing Pavilion structure

By Howard B. Owens

If one picture could tell a story, this would be it. The eastern exposure of Country Hill Gifts with its second-story flower box completely unharmed by a fully involved fire that destroyed the former grocery store building at the corner of Ellicott Street Road and West Park Street. There's no real damage to the entire eastern exposure.

And the building to the north of the destroyed building is also fine.

Chad Freeman said today once the fire started, it was largely fought defensively with a mind toward saving the neighboring structures.

The cause was likely electrical with a line arcing, causing insulation in the second floor ceiling to smoke and burn until air hit it, giving fuel to the fire.

Freeman noted that the first floor was almost completely undamaged by the fire. The building was too heavily damaged, however, and last night an excavator had to knock it down.

This afternoon, crews were on scene to pump water from the basement of Country Hill, but there was even very little smell of smoke in the store.

The two items below were posted to the Pavilion, New York Facebook page by Jay Brooks. A bit of the store's history.

City Schools will build girls softball field as part of settlement of lawsuit

By Howard B. Owens

Press release from the Empire Justice Center:

The Empire Justice Center is pleased to announce that a settlement has been reached in the class-action suit Myers v. Batavia City School District. Three female softball players and their families filed the case in April 2013 seeking equal treatment to their male classmates in the provision of practice and competitive facilities and equipment. Among other things, the players alleged that the District’s policy of renting a professional minor league stadium for all boys’ varsity baseball home games, while providing the girls with substandard playing fields at the school, violated Title IX of the Educational Amendments of 1972.

“More than anything, I am so proud of these young women for having the courage to stand up for themselves,” said Kristin Small, attorney for Empire Justice Center. “They saw that the way they were being treated was unfair and decided to do something about it, knowing full well they might face backlash from their community and that they themselves might never see the benefit of their efforts.”

As part of the agreement, the District has agreed to build a brand new varsity softball facility with permanent dugouts, good drainage, outfield fencing, a permanent electronic scoreboard and other amenities. The improvements are projected to be completed in time for the 2015 softball season. The District has also committed to making significant improvements to the junior varsity and modified softball fields, and affirmed its commitment to ensuring that boys’ and girls’ sports receive equal benefits, even when that requires the District to compensate for donations made by third parties, such as booster clubs.

After hearing that the District had agreed to the settlement, plaintiffs Elizabeth and Rebecca Myers said, “We are proud and thankful that the Batavia City School District has recognized the importance of female athletics and the need for equal treatment. We look forward to a bright future for Batavia girls’ softball, as players will now be able to enjoy and be proud of the fields that they will be playing on. We would like to thank Empire Justice Center for helping us resolve these disparities.”

“We hope that other school districts will take note of this settlement and be reminded that the movement to achieve equality in athletics between boys and girls is far from over,” noted Jonathan Feldman, a senior attorney at Empire Justice Center. “Many districts face similar challenges leftover from an earlier time when equality in sports was not seen as important. We congratulate the Batavia City School District for stepping up to the plate and working with us to find a solution that will ensure fair and equal treatment of all student athletes, regardless of gender.”

Former Batavia resident, Iraq War veteran dies during training at Fort Bragg

By Howard B. Owens

The Army is investigating the death of 21-year-old Paratrooper Shaina Schmigel, who grew up in Batavia before moving to Medina.

Schmigel was found unresponsive during a jump at Fort Bragg in North Carolina.

She enlisted in the Army four years ago after graduating from Medina High School in 2010. She was promoted to sergeant in January and recently committed to four more years with the Army, Krissi Gress, a friend of the family, told OrleansHub.

In a statement, Army officials said, “All of the Paratroopers in the brigade are deeply saddened by the loss of an extraordinary and much-respected member of our team,” said Lt. Col. Albert Paquin, commander of the 2nd BCT. “Our thoughts and prayers are with her family and friends during this time of great loss. Our chaplains and our health care professionals are available to help comfort and support all of her fellow Paratroopers affected by this tragedy.”

As a paratrooper in the Army, she deployed to Iraq in support of Operation New Dawn from July to November 2011.

Her awards and decorations include the Army Achievement Medal with one oak leaf cluster, the Army Good Conduct Medal, the National Defense Service Medal, the Iraq Campaign Medal, the Global War on Terrorism Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, and the Parachutist Badge.

The Michael S. Tomaszewski Funeral & Cremation Chapel in Batavia will be handling funeral arrangements.

Thank you to Tom Rivers of OrleansHub with coverage of this story.

Fire spread quickly in Pavilion building even as firefighters poured water on the flames

By Howard B. Owens

After nearly an hour on scene in Pavilion yesterday, I told a chief things seemed under control and I was heading back home to my yard work.

At that point, the two-story commercial and residential structure at the corner of Ellicott Street Road and West Park Street looked fine. There was a faint whiff of smoke in the air, but no smoke showing and certainly no visible fire.

"You might want to stick around," the chief said.

A firefighter told me a few minutes later as he laid out hose from a tanker truck, "this could get really interesting really fast."

Later the chief would tell me, "see, my worst fears came true."

The origin of the fire was in the crawl space of the attic. An area covered in hard wood, spray-in installation and only 18 inches of space in any direction.

First Assistant Chief Sean Vogt said his crew was poking through the ceiling, trying to find the right access point to the smoldering fire and Le Roy's crew had punched a ventilation hole in the roof, then the fire took on a life of its own.

"If we we could have gotten up there, gotten our hose lines up there, wetted it down, maybe we could have saved a little more of the building, but with it going through the roof, it just flashed over on us too fast," Vogt said. "It was just rough."

Pavilion's volunteer firefighters responded to the structure at 2:40 p.m. for the report of smoke in the building. Le Roy was immediately requested to the scene. Soon, responses from Bethany and Stafford were requested as well, then Bergen.

By the time fire broke out, there were two ladder trucks in position (Town of Batavia had its ladder in place minutes after the first flame erupted through the roof).

Even with Le Roy shooting water at the first flames, the blaze spread quickly once it got going.

As big and as destructive as the fire became, firefighters did manage to contain it to the one building, even though a house sat inches from the north wall and another commercial building was only two or three feet to the west.

County records do not list what year the building was constructed, but the west wall was covered in the same faux-brick metal siding that show up in 150-year-old photos of the former Wiss Hotel in Le Roy (the last building standing that I know of in Genesee County with this siding is in Corfu).

As many as 200 firefighters from Genesee, Livingstone and Wyoming counties responded to the fire. 

While the responding fire trucks can pump at least 1,250 gallons of water per minute, the fire hydrants in Pavilion flow at no more than 450 gallons per minute. At least a dozen tanker trucks responded to the scene to draw water from a nearby creek to provide additional water flow.

At least two firefighters were overcome by smoke and heat and were transported by Mercy EMS to area hospitals for evaluation.

Initially, while the fire was just smoldering, residents of the apartments were able to retrieve some belongings. The residents of the house to the north rescued their cat before the smoke got heavy.

Red Cross was on scene to provide food and beverages for firefighters.

(Initial Report)

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Photos: Notre Dame HS graduation

By Howard B. Owens

Notre Dame High School held its graduation service Saturday evening outside on the north side of the campus. Bishop Richard Malone spoke at the commencement ceremony.

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Power outage in at least a portion of Batavia

By Howard B. Owens

A transformer apparently blew somewhere in the area of Jackson Street.

National Grid has confirmed a power outage in the area, but was unable to provide any further information at this time.

It's unknown how many customers are without power.

UPDATE 7:32 a.m.: It was a small outage in the area of Jackson and Morton and power has been restored.

After fish kill in Chapin Lagoon, O-AT-KA Milk notified by DEC to improve spill prevention

By Howard B. Owens

O-AT-KA Milk Products was issued a notice of violation by the DEC on April 24 for chemicals and waste materials being spilled into a lagoon south of Ellicott Street.

The company is complying with all DEC demands and requirements for dealing with spills from its dairy processing plant at the corner of Cedar and Ellicott streets, said David Crisp, director of business development for O-AT-KA.

The spills were brought to the attention of the DEC by Attica resident John Volpe (pictured above), a Native American well known locally for his environmental work.

Volpe said he's concerned about the health and well being of the fish, turtles, frogs and other wildlife in the lagoon, which is part of a 110-acre wildlife refuge owned by Chapin Manufacturing. The creatures, Volpe said, are part of the chain of life.

"This is how we look at our own life," Volpe said. "These are our teachers. All of our relations means just that. They’re all of our relations. You don’t leave out a worm or an eagle or whatever. We’re supposed to watch it and we’re supposed to protect it. That’s one of our jobs as among the people who walk this earth. It should be everybody’s job."

Volpe shared documents he said show serious environmental damage to the lagoon, including photos of more than 100 dead fish and dissection photos taken of dead animals -- such as turtles, frogs and fish -- showing medical issues (Volpe emphasized several times that he and his helpers never killed any animals, but merely took for samples and evidence animals they found dead).

The DEC letter accuses O-AT-KA of violating its SPDES (State Pollutant Discharge Elimination System) permit and three sections of environmental law.

The letter specifically accuses O-AT-KA of causing a drop in water quality standards for pH, solids and water color from spills on at least six separate occasions. The spills, according to the DEC, contained milk and/or cleaning solutions.

The letter also specifically cites a fish kill of various species April 15.

O-AT-KA was accused of discharging water that causes or contributes to conditions in violation of state code; discharging industrial waste in violation of state code; and discharging pollutants at a frequency or volume in excess of permitted standards.

The company was given until May 7 a turn over a document called "Best Management Practices" as well as a summary of response actions, investigations and corrective measures taken for each reported spill since August 2013. 

By yesterday, O-AT-KA was required to complete a facility review and submit a corrective action plan designed to prevent or minimize potential damage from future spills.

The DEC also required O-AT-KA to install a continuous recording pH meter.

Crisp said O-AT-KA has been fully compliant with the DEC's requirements, an assertion confirmed by Linda Vera, spokeswoman for the DEC in WNY. 

"O-AT-KA has taken a number of actions to mitigate and prevent additional discharges," Vera said.

Crisp said a DEC official was on hand one day recently when an alarm sounded from the new system indicating there was an increase in pH in the outflow line to the discharge pipe and the officials saw firsthand that plant workers responded immediately to correct the problem.

"It really comes down to how dedicated O-AT-KA is to the highest level of environmental protection," Crisp said. "That's why we're working with the DEC to assure O-AT-KA is in compliance with the SPDES permit."

There were two spills of milk, Vera said. One in August and another in October. She said steps were taken to prevent future spills and there have been no similar discharges since October.

"The remaining incidents were related to cleaning solution discharges," Vera said. "Action was taken after each incident to determine the source, and O-AT-KA added monitoring equipment and changed practices to mitigate the issue. During DEC's early May inspection, the probable source was identified. A deteriorated flooring in one of production areas allowed cleaning/disinfection solution to seep into a deteriorated pipe beneath floor. O-AT-KA is taking necessary actions to repair piping and floor."

It's still possible O-AT-KA could be fined for the spills, but the DEC has made no determination yet on further enforcement actions, Vera said.

One source we spoke to for this story suggested we look at the notice of violation delivered to O-AT-KA in context of how many DEC violation notices are handed out locally in a year, suggesting that there's nothing remarkable about a company getting a letter of violation.

According to the DEC's database of spills, there have been 76 incidents reported in the past 12 months in Genesee County. Eight of those have been tied to O-AT-KA, which more than any other source in the county. Only three of those spills -- where the size of the spill is known -- involve 100 gallons or more, and two of those involve O-AT-KA. Those are a spill of 125 gallons of milk product in August 2013 and 3,000 gallons of sodium hydroxide in January.

There were 48 incidents countywide reported in the prior 12 months, none involving O-AT-KA.

The series of spills has been a concern to Chapin, CEO Jim Campbell said, and company officials have met several times with O-AT-KA officials to review the measures taken to prevent future problems.

The 110-acre preserve includes nature trails available to employees and the area is teaming with wildlife, Campbell said. Andris Chapin, a family owner and chairman of the board, is keenly aware of environment issues, Campbell said, and once a year takes interested employees on a nature trail walk through the preserve. 

The company also has an environmental manager. He is Mark Volpe, who is also the plant manager and is John Volpe's brother.

Campbell said Chapin is confident O-AT-KA is responding appropriately. It's his understanding, he said, that O-AT-KA has spent more than $100,000 on preventative measures. He said O-AT-KA has recently brought in new executives with a good deal of technical experience in environmental issues.

"They've done a great job and have a great solution in place," Campbell said.

John and Mark Volpe started monitoring and measuring the Chapin's 110-acre habitat in 2008, acquiring and maintaining detailed records on the species and quality of life in the preserve.

It was through that process that John Volpe became increasingly concerned about spills from the O-AT-KA plant, which he said go back further than the August 2013 date covered by the DEC letter.

As he saw more and more environmental damage to the lagoon, he began raising concerns to the DEC, to the point, he believes, that some officials at the DEC started trying to avoid his phone calls.

In his workshop at his home in Attica, Volpe showed dozens of presentation boards displaying charts and tables documenting discharge dates, water temperatures, pH readings and photos of dissected animals and dead fish.

When Volpe found dead fish, he and his helpers photographed where each fish was found, collected them, brought them back to Attica, weighed and identified the species of each fish and photographed each one individually.

The dead fish included sunfish, bullhead and bass.

The DEC was slow to act on contamination issues at the lagoon, contends Volpe.

"Why didn’t the DEC do this and cite them sooner so maybe these fish would still be alive?" Volpe said. "This is not the first fish kill. We’ve had other fish kills."

Volpe's wife caught in a net one bass near death. It was blind, had lost all its slime and was emaciated. The Volpes have nursed it back to health. It's eating again and its eyes have cleared of the haze that covered the pupils. The fish has become more active in its tank.

The blindness and loss of slime is a result of a high pH in the water as well as sodium hydroxide and hydrogen peroxide reaching the lagoon.

Volpe is also concerned about the water temperature in the lagoon, which he said was above 60 degrees in March (he takes the water temperature every day) and the turtles and frogs need the water below at least 50 degrees to hibernate.

There is also evidence of frogs "toxing out," Volpe said. The toxins in the water cause their legs to shoot straight out, become rigid and they can't jump. Eventually, they die.

Volpe was arrested in February and accused of illegal possession of protected turtles and birds of prey. 

The DEC had known for years and years about Volpe's conservation efforts involving wildlife, his friend and supporter Mike Bastine said during a meeting at Volpe's house. It was only after Volpe started making waves about O-AT-KA that the DEC decided to come down hard on Volpe.

"If you look at the implications from the spills that he has documented, that has a much greater impact on the environment than the violations they subjected him to," Bastine said. "Is the issue really about protecting the environment and the animals and the life around us? No, not really.

"They think if they can shut that part of his work down, he's going to go away and say, 'they beat me,' that he'll have to throw in the towel because he can't defend himself. They're hounding us saying we need a permit to hold a feather or care for turtles, but that's our responsibility and that's our custom. It's our job. It's our duty to step in an assist."

In her e-mail response to a series of questions, Vera did not respond to the accusation that Volpe has been targeted for enforcement because of his O-TA-KA complaints.

She said the DEC had been monitoring O-AT-KA independently of Volpe, but found his work helpful. 

"DEC's actions have been ongoing, and are not dependent on Mr. Volpe's findings," Vera said. "However, some of the discharges discovered by Mr. Volpe, have provided assistance in mitigating the discharges and investigating potential sources."

Volpe said he's also concerned because the lagoon sits over the Batavia's aquifer. All of the city's water is pumped from wells in the area. He thinks the contaminants could seep into the aquifer.

City Manager Jason Molino said that really isn't a concern. Even if any contaminants reached the aquifer, the city treats all of its water before it's distributed.

Molino's confident, he said, the DEC has things under control.

"We've spoken with O-AT-KA and the DEC," Molino said. "I think the DEC is aware of the situation and has responded to it and are in constant communication with O-AT-KA. Otherwise, it's outside our jurisdiction."

This photo is from Genesee County's GIS map. The photographs that comprise the map were taken in April 2013. The Chapin Lagoon is in the lower left. O-AT-KA's plant is in the upper right. There is a dirt road that Hanson Aggregates uses running from Ellicott Street. Beside it is a drainage ditch, which apparently is how runoff from O-AT-KA reaches the lagoon. We have no confirmation of what the milky white substance is in the lagoon, but there is no spill around that time period reported in the DEC database.

Sign by drainage pipe that runs under Ellicott Street to a stream that runs to the Chapin Lagoon.

One of the no trespassing signs marking the property line of Chapin's 110-acre wildlife refuge.

Improv duo performs at Richmond Memorial Library

By Howard B. Owens

Children who came to the Richmond Memorial Library this morning had a chance to be entertained by and learn about improvisational acting.

Karen L. Eichler and Andrew M. Spragge, of Defiant Monkey Improv, told the children (and parents) about improv and performed skits. 

Above, Eichler, playing Billie Bob Horton, squirts a security guard for Billy Bob Thornton with a water pistol while trying to gain access to the actor's mansion. The scenario and scenes were suggested by the audience.

In the final skit, Eichler and Spragge were assisted by Jean Berry and Gina Bergman. Eichler and Spragge couldn't move their bodies on their own. Berry and Bergman had to manipulate their hands, arms, legs and heads appropriate to the dialogue, or at times initiating movements that drove the dialogue. In this scene Eichler is Spock and Spragge is Capt. Kirk and they've just encountered a one-eyed monster that apparently communicates through clicks.

Frost Ridge, complying with court order, announces change of venue for June 7 show

By Howard B. Owens

Press release:

Jam At The Ridge Presents: Josh Thompson In Concert - Performance Location Change

As you may know, a preliminary injunction has been issued against amplified outdoor concerts at Frost Ridge at this time. To fully comply with the court order and meet our commitment to our guests, the Josh Thompson Concert scheduled for June 7th, 2014 at 5 p.m. (gates open at 4 p.m.) is being moved to:

    J W Jones Hall

    366 Leicester Road
    Caledonia, NY 14423

    Maps:  Google   Bing

The firefighters of Caledonia have been very gracious to provide this space and we thank them from the bottom of our hearts. This location is only 14 minutes from camp and is easy to find. If you have any trouble, please come to camp and get a map.

Ticket-holders, please go directly to the venue at the address above.

Campers, please register at the campground and take the FREE shuttle to the venue.

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

ADDITIONALLY: The attorneys involved in the two lawsuits over Frost Ridge met in conference Friday in the chambers of Judge Robert C. Noonan. The meeting was primarily to go over the calendar of motions and appearances in the case, but attorney Karl Essler was introduced as legal counsel for the Zoning Board of Appeals. Somehow, the ZBA, which has consistently found that Frost Ridge is a legal nonconforming use within the Town of Le Roy's zoning laws, was not notified it was a party to one of the lawsuits. The ZBA was not represented at a hearing that proceeded Noonan's ruling on the current injunction against amplified music and alcohol service at Frost Ridge. David Roach, attorney for Frost Ridge, said Essler will be permitted to file a written argument in the case without opposition from the plantiff's counsel. It's unclear how the additional information might or might not lead to a modification of Noonan's ruling. No date was announced for the next court proceeding.

Car hits tree in Bergen

By Howard B. Owens

A has hit a tree in the area of 39 North Lake Ave., Village of Bergen. Unknown injuries. 

Bergen fire and ambulance, and Mercy EMS responding. 

UPDATE 2:42 a.m.: Assignment being held to a single Bergen engine.

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