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Batavia and Notre Dame hockey programs talking merger

By Howard B. Owens

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One of the most storied rivalries in Section V hockey could come to an end as soon as next season if the Batavia Ice Devils and the Notre Dame Fighting Irish become a single team.

Team coaches presented the proposal to the Batavia City School District Board of Trustees tonight and the board gave both programs permission to continue exploring the idea of a merger and drafting a five-year agreement for Batavia-Notre Dame hockey teams at the junior varsity and varsity levels.

The concept has already been approved by the Notre Dame Board of Trustees.

Tonight, by consent, the Batavia board authorized the talks to continue between coaches and athletic directors. If a final agreement is reached, a final resolution will be presented to approval for both boards. Section V must also approve the merger.

If approved, it is likely that Marc Staley, who has coached Notre Dame for 21 years, would be the varsity coach of the merged teams. John Kirkwood, 14 years with Batavia, would be the assistant coach. And Brennan Briggs, varsity football coach and a coach with Batavia hockey, would be the JV coach.

"We think we can build a community," Batavia Athletic Director Mike Bromley told the board. "It’s more than Batavia and Notre Dame. It’s a community."

Batavia has been merged with other schools in the county for four years. Those mergers would end if this proposal is approved.

One of the big concerns both for coaches and board members was what happens to the six hockey players who do not attend Batavia High and have been members of the Ice Devils. Those players go to school in Alexander, Elba, Le Roy, Oakfield-Alabama and Pembroke.

Staley and Kirkwood both made assurances that all six players will be "grandfathered" into the Batavia-Notre Dame team and Staley said all six, given their experience and ability, will be integral parts of the merged team for the next season or two. 

"All six players are going to be impactful players at the varsity level," Staley said.

Both Staley and Kirkwood said that their teams have been playing at a disadvantage against larger Monroe County schools, including merged programs, because filling out a complete varsity roster means putting seventh-, eighth-, and ninth-graders on their teams.

That is also a safety issue, Staley said. 

"We just come to the conclusion that relying on seventh- and eighth-graders, and ninth-graders who are ill-prepared, and putting them on the ice, how do we answer this as a board, as adults, as administrators, if a seventh- or eighth-grader gets seriously injured in a hockey game because he’s hit by a kid who six-foot-four, 220?" Staley said. "We’ve got some real questions. Why are we putting these kids here and for what reason?"

Bromley said there are 24 hockey teams in Section V and 12 of them are merged programs. Few if any of those programs are putting players who should be playing JV in varsity uniforms.

The merger would create a JV program that would allow players to develop and become better varsity players.

It might even mean -- if enough kids sign up -- that the schools could have a modified program, creating the same sort of pipeline that Briggs has created with Blue Devils football leading to repeated sectional championships.

For the most part, parents and players have been receptive to the idea, both Staley and Kirkwood said.

There have been parents who have objected to the idea that their kid as a ninth-grader was on varsity and now will likely play JV as a sophomore but Staley said his counterargument is that at least they will get to play.

“To be an eighth-grader or ninth-grader and get to wear your jersey to school on game day and know darn well you’re probably not going to see a shift is a little different than going to school in your jersey knowing ‘I have a JV game. I’m playing tonight,' " Staley said.

Briggs said his JV-playing nephew can't wait for the merger. He's excited, Briggs said. His nephew knows if it happens he is going to get a chance to play every game and that he will play at a level throughout his prep-hockey career that he will compete every season for a championship.

There is an issue a team name. Ice Devils, or perhaps, Irish Devils, won't wash with a Catholic school. Blue Shamrocks or Ice Angels seem like nonstarters, too, but in response to a question from Trustee Shawna Murphy, there probably won't be time to poll the community. That's because the time frame is short for getting Section V approval and ordering new uniforms for both varsity and JV. The team name is a pending question.

Whatever the name, Staley is convinced the community will embrace the new team -- a club that is ready to compete at the varsity level with McQuaid or Victor or Pittsford. 

"We haven’t had that building filled with 500 people all cheering for the same team for 25 years," Staley told the board.

Judge Zambito unable to hold Batavia man who has been arrested repeatedly

By Howard B. Owens
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         Devon Wright

Judge Charles Zambito expressed frustration today -- frustration he and his colleagues on the bench throughout New York share -- that when considering bail for a defendant, he cannot weigh the potential threat the defendant represents to the community. 

District Attorney Lawrence Friedman had just asked that Devon A. Wright be held without bail in the Genesee County Jail citing his recent felony arrest on top of two criminal indictments already pending.

Since Zambito couldn't send Wright to jail or increase his present bail (he is out of jail on bail), the County Court judge ordered the 19-year-old to undergo a mental health evaluation within the next three weeks, not consume drugs or alcohol, stay in his own residence from 9 p.m. to 6 a.m. (thereby prohibiting him from staying at his girlfriend's house), and avoiding any confrontation with police, who will have blanket permission to search him or his residence at any time.

Since turning 18 in 2019, Wright has been charged with crimes ranging from larceny and assault to sexual misconduct.

In the past 20 months, Batavia PD has reported the following arrests:

It's the most recent arrest that prompted Friedman to ask Zambito to order Wright held without bail.

Friedman said that he was more concerned about Wright's willingness to make future court appearances given his growing list of unresolved criminal charges.

Attorney Nathan Pace, recently assigned to represent him after Wright's previous attorney resigned from the case, argued that there was no reason to doubt Wright won't make future court appearances since he has made recent court appearances. Pace said he represented Wright in other matters two years ago and the defendant made his appearances then. He also said he and his client dispute the facts of the recent arrest. He also said Wright will become a father in a few months and is looking forward to the baby's birth and that he will start a job at a Batavia gas station on Monday.

"I believe he will continue to appear in court," Pace said.

Friedman countered that it is meaningless that the defendant denied wrongdoing in the new cases. That's what defendants do at this stage of proceedings. Friedman said it was more relevant that Wright is accused of resisting arrest and fighting with police officers. 

Zambito opened his remarks by saying it was difficult to agree with the desire of Pace to keep his client out of jail, but that New York law limited what he could do to hold Wright in custody. 

"It's impossible under the current bail reform laws," Zambito said. "It seems Wright is a clear and present danger to the community as long as he is out and he continues to get arrested. 

But, Zambito added, "the law doesn't allow a judge to consider community safety when setting bail. I'm frustrated. I think every judge in New York State is frustrated."

He said he was going to order a mental health evaluation and Pace agreed that is a good idea. 

"As his previous attorney said, 'something is not right in his head,' " Pace told Zambito.

As Zambito issued his order, Pace emphasized to Wright that he can't go out of the door of his house after 9 p.m. and before 6 a.m. and that he must cooperate with police when he encounters them, even when they show up to search his house. 

Zambito added, "they're going to show up at your house and you can't fight with them, you can't resist them."

Wright is also not allowed to leave Genesee County while his cases are pending.

Hawley pens letter to Cuomo and Zucker calling for rollback of mandates on kids' mask wearing

By Press Release

Press release:

​Assemblyman Steve Hawley has written a letter to Gov. Andrew Cuomo and state Health Commissioner Howard Zucker slamming new guidelines published by the administration’s Department of Health that mandates the wearing of masks, for periods of up to several hours, for children as young as 2 in childcare and summer camp facilities.

Some local health officials have stated that childcare centers or summer camps that are found to be in violation of this guidance could pay up to $1,500 per day per child in fines.

“To think that these guidelines are needed this year following our historic vaccination effort, when they weren’t needed last year before anybody had immunity, is just absurd. Almost as absurd as the idea a 2-year old will calmly keep a mask on their face for hours at a time,” Hawley said.

“This mandate is not needed to protect public health, and only serves to jeopardize the operations of summer camps and childcare centers alike. I hope to see it swiftly rescinded.”

Here's the Letter

Dear Governor Cuomo and Commissioner Zucker:

I am perplexed as to why a new restriction has been put in place for childcare, day camp, and overnight camp programs, as it pertains to children wearing masks who are over the age of two. This guidance was not deemed necessary last year when children were able to go without masks, and it is puzzling that it isseen as needed now with all of the progress that has been made toward vaccinating our state’s populationagainst COVID-19.

It has been proven that children are less susceptible to COVID-19 and are much less likely to experience severe symptoms or hospitalizations. In addition, daycares and camps are settings where children intermingle and not major areas of transmission. Pediatricians will tell you that the spread of COVID-19 among young children is not the main reason we have new cases. As parents and other adults are vaccinated, these children are at less risk now than ever.

I am sure you’re aware, childcare facilities have been working tirelessly to implement common-sense practices like health screenings, proper hygiene, and other regimens to ensure the children in their care are safe. Local health departments have been and continue to work with these childcare facilities to support their dedication in maintaining the wellbeing of children and staff. With that said, just about anyone with children will tell you expecting toddlers to wear masks for hours without taking them off defies basic common sense.

In closing, I urge you to reconsider these mask requirements in the childcare, day camp, and overnight camp programs. You must agree that 8-10 hours a day is unreasonable to expect young children to continuously wear a mask.

Sincerely,

Assemblyman Steve Hawley

Grass fire across from College Village sparked by downed wire

By Billie Owens

A downed wire that was sparking has caused a grass fire at 8076 Batavia Stafford Town Line Road. Flames are showing. Town of Batavia Fire Department is responding. The location is between the dead end and College Village.

National Grid has been notified; no ETA.

Traffic will be stopped on the roadway in order to extinguish the blaze.

Law and Order: State Street teen accused of providing indecent explicit material to a minor

By Billie Owens

Ermonie R. Schichler, 18, of State Street, Batavia, was arrested at 10:40 a.m. on May 17 and charged with disseminating indecent material to a minor in the second degree and endangering the welfare of a minor. It is alleged that she sent sexually explicit photos to a minor over a period of time. She was arraigned via Skype in Batavia City Court, then released on her own recognizance. She is due back in court later this afternoon (May 24).

Daniel J. DiFransecso, 39, of Libarty Street, Batavia was arrested at 5:48 p.m. May 9 and charged with second-degree harassment. It is alleged that on that day he verbally threatened to kill a person while banging on their window with a hockey stick. He was issued an appearance ticket for May 18 in Batavia City Court.

Robert Wood, 30, was arrested by Batavia Police Officer Peter Post at 3:45 p.m. May 19 in the City of Batavia (no address provided) and charged with first-degree criminal contempt. It is alleged that he had contact with a female who has an active stay away order of protection against him. Wood was arraigned in Batavia City Court and jailed without bail. He was due to return May 20.

Darren Ayrhart, 52, of North Main Street, Albion, was arrested at 8:45 p.m. May 19 and charged with first-degree criminal contempt and second-degree burglary. It is alleged that he violated a stay away order of protection against him after a domestic incident on Dellinger Avenue in the City of Batavia. He was put in jail; no bail status provided. Ayrhart is due in city court on May 27.

Justin Thagard, 32, was arrested at 12:54 a.m. May 11 for violating a court order of protection by being in the presence of the protected party -- he was allegedy found inside their vehicle during a traffic stop in the City of Batavia. Thagard was arraigned in Batavia City Court then put in jail on $2,500 cash bail or $5,000 bond or $10,000 partially secured bond.

Eladio A. Wattles, 23, of Hutchins Street, Batavia, was arrested at 5:10 p.m. May 16 and charged with second-degree criminal contempt. It is alleged that he violated an order of protection by sitting inside a vehicle with the protected party. He was arraigned in Batavia City Court then released under supervision of Genesee Justice. He is due back in court June 24.

Adam T. Shipwash, 41, of West Main Street, Batavia, was arrested at on May 19 on a warrant out of Batavia City Court and charged with petit larceny. It is alleged that at 9 p.m. April 8 Shipwash stole money from a person on West Main Street. He was arraigned in Batavia City Court then released on his own recognizance. He is due to return to court June 17.

Michael L. Jackson Jr., 40, of East Main Street, Batavia, was arrested at 1:36 p.m. on East Main Street and charged with petit larceny. It is alleged that Jackson stole merchandise from a grocery store and was still present in the store's parking lot when a Batavia police officer arrived. He was taken into custody without incident then released on an appearance ticket for May 25 in Batavia City Court.

Accident blocking traffic at Main and Center

By Billie Owens

A two-car accident with no injuries that is blocking traffic is reported at Center and Main streets in Downtown Batavia. City fire and police are responding.

Average gas price up 4 cents locally

By Press Release

Press release from AAA: 

Today’s national average price for a gallon of gasoline is $3.04, down one cent from last Monday. One year ago, the price was $1.96. The New York State average is $3.07 – up one cent from last week. A year ago, the NYS average was $2.18. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $3 (up 4 cents since last week)
  • Buffalo- - $3 (up 4 cents since last week)
  • Ithaca -- $3 (up 2 cents since last week)
  • Rochester -- $3.02 (up 3 cents since last week)
  • Rome -- $3.09 (up 2 cents since last week)
  • Syracuse -- $3.03 (up 3 cents since last week)
  • Watertown -- $3.12 (up 5 cents since last week)

*Note: for the markets that just hit $3 a gallon – prices were rounded up – Batavia is $2.996, Buffalo is $2.999, Ithaca is $2.995

After a week of pump price spikes, the national average for a gallon of regular gasoline is holding steady at $3.04 after a ransomware attack on Colonial Pipeline that halted its operations and severely constrained the delivery of gasoline along the East Coast and Southeast.

According to new data from the Energy Information Administration (EIA), demand is up while supply is down slightly. With the gasoline distribution system continuing to recover from the attack and grappling with a shortage of gasoline tanker drivers, higher refinery utilization rates will ensure refined products, including gasoline, continue to flow where they are most needed.

Prices may fluctuate this week as we approach Memorial Day weekend. Drivers should fill up now as prices may increase slightly with holiday demand.

From GasBuddy:

"In the lead up to Memorial Day, we haven't seen gas prices come down much, though with oil's recent move lower, we should start to see more drops at the pump materialize in the days ahead," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"With the Colonial Pipeline situation continuing to improve in Southeastern states, fueling up for the holiday weekend shouldn't be too challenging, save for a few pockets in Georgia, North Carolina and South Carolina, where outages remain a bit higher than neighboring states.

"For those hitting the road, we should see prices inch lower in the coming week through at least Memorial Day, so motorists need not rush to fill their tanks as the drop in oil prices should manifest into lower gas prices as we begin the summer driving season."

Here's the lineup for the free concert series on Friday nights in Jackson Square starting June 25

By Billie Owens

The lineup for the Downtown Batavia 2021 Concert Series in Jackson Square is set for Friday evenings from 7 to 9 starting June 25. Admission is free.

Here are the entertainers:

  • June 25 -- Penny Whiskey
  • July 2 -- Old Hippies
  • July 9 -- Skycats
  • July 16 -- The Don Newcomb Band
  • July 23 -- Ghost Riders
  • July 30 -- Tommy Geraci's Rio Bravo
  • Aug. 6 -- DSP Jazz Trio
  • Aug. 13 -- Bluesway Band
  • Aug. 20 -- Mitty & The Followers
  • Aug. 27 -- Red Creek

STOP-DWI High Visibility campaign starts Friday, ends next Tuesday

By Press Release

Press release:

The Genesee County STOP-DWI coordinator announced today that Genesee County police agencies, including the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department, will participate in special efforts to bring awareness to the dangers of impaired driving.

The statewide STOP-DWI High Visibility Engagement Campaign will start on Friday, May 28th and will end on Tuesday, June 1st.

Memorial Day is one of the busiest travel holidays of the year and marks the official start of summer.

New York State Police, County Sheriffs, municipal law enforcement agencies and local STOP-DWI Programs will collaborate across the state and will be out in force in this coordinated effort to reduce the number of impaired driving-related injuries and deaths.

The STOP-DWI Memorial Day Weekend High Visibility Engagement Campaignis one of many statewide initiatives promoted by STOP-DWI NY and the Governor’s Traffic Safety Committee.

The Statewide STOP-DWI High Visibility Engagement Campaign also targets the Fourth of July, Labor Day, Halloween, Thanksgiving, Holiday Season, Super Bowl weekend and St. Patrick’s Day.

Highly visible, highly publicized efforts like the STOP-DWI High Visibility Engagement Campaign aim to further reduce the incidence of drunk and impaired driving.

You can help to make a difference by Having a Sober Plan! Download our mobile app – “Have a Plan” and you will always be able to find a safe ride home -- www.stopdwi.org/mobileapp.

Impaired driving is completely preventable. All it takes is a little planning.

Possible school bus accident reported at Batavia High School

By Billie Owens

A possible school bus accident with a person down in the parking lot is reported at Batavia High School. City fire and Mercy medics are responding to 260 State St.

UPDATE 9:28 a.m.: A first responder says this is NOT a school bus accident; it's strictly a medical issue. He said he believes a school bus driver was the reporting party.

Genesee County's vexillologist updates legislative committee on status of flag design contest

By Mike Pettinella

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As a vexillologist since childhood, Genesee County Planning Director Felipe Oltramari knows more than a thing or two about how flags should look.

He shared some of his knowledge on the study of flags earlier this week during a discussion with the county’s Ways & Means Committee about the progress of a public contest to find a replacement for the current Genesee County flag – a blue banner that features the county seal in the middle with the words Genesee County above and Founded 1802 below in block letters.

“One of the no-no’s for flags is never to put words on them,” Oltramari said, admitting the county flag has ruffled his feathers to a certain degree. “Flags are symbols, and they’re not supposed to say things. Especially when they’re flying … you really can’t read them so it makes no sense.”

Oltramari said he became hooked on flags since his elementary school days after seeing pictures of them on the inside cover of a dictionary.

“I’ve been a flag bearer all my life,” he said. “I memorized them and to this day, I’m very good. I like going to GCC, where all the flags are hanging … and I can name them all. It’s fun.”

He explained to the committee that the international and national vexillology associations took their name from the word vexillum, which is Latin for the flag-like object used as a military standard by units in the ancient Roman Army.

When the county embarked on a comprehensive plan update and the Genesee 2050 project associated with it, Oltramari took that as an opportunity to get citizens involved by holding a design contest to update the flag – with categories for adults and children.

Online voting on the five finalists in each division ended on April 30 – resulting in first-place designs pending approval by the legislature before results are released to the public. Oltramari said using the county seal on the new flag is allowed.

Should the designs receiving the most votes move forward (and that is uncertain at this point), Oltramari suggested drafting a commendation and making a presentation to the children’s category winner.

He also thought it would be proper to make the children’s flag the official county flag for a day and fly it outside.

“After that, it would be put in the Genesee County History Department as a display,” he said. “It would be an extra cost to have that flag printed but I thought it would be a nice gesture.”

According to a press release from the county about the flag contest, those who voted online have a chance to win free shelter reservations at DeWitt Recreation Area and the Genesee County Park & Forest for the upcoming season.

Voters were automatically entered into the drawing by voting for one of the flag designs and by filling out any of the Genesee 2050 surveys. The more surveys someone completed, the more chances that person had to win.

To see pictures of the five finalists in both categories, click on the Previously link.

Previously: Vote for a new Genesee County Flag -- one created by an adult AND one by a child

Video: Meet Mark Kane, the new president of Six Flags Darien Lake

By Howard B. Owens
Video Sponsor
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Meet Mark Kane, the new president of Six Flags Darien Lake

Video: Darien Lake Theme Park reopens for the 2021 season

By Howard B. Owens
Video Sponsor
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After missing the 2020 season due to COVID-19 restrictions, Darien Lake Theme Park, has reopened for 2021. Currently, the park can operate at 33-percent capacity but expects to be open at 100-percent capacity in about a month.

COVID-19 protocols include a touchless temperature check as patrons enter the park and social distancing. People who are full vaccinated do not need to wear masks. The mask protocol will operate on the honor system. Patrons will not be required to show proof of vaccination.  

All of the rides and attractions are open.

City Council to consider Casella Waste System's offer to pick up trash from parks, downtown business district

By Mike Pettinella

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Batavia native Jeff Pero, in his position as general manager of Casella Waste Systems of New York’s Batavia Division, said he counts it a privilege to be able to support his community by offering free trash pickup at city parks and downtown.

“Being part of this community for 37 years, I’ve been given a lot and met a lot of great people, and I saw this as an opportunity for myself and Casella to give back in a small way,” said Pero, about the Rutland, Vt.-based company’s proposal to empty the trash at the city’s nine parks on a daily basis and throughout the downtown business district once a week.

Pero said he read that Batavia was going to a “take in, take out” policy and contacted City Manager Rachael Tabelski to extend Casella’s services at no charge.

“In my opinion, it takes time for the community to understand that new policy, so that’s kind of why I reached out to Rachael and the city,” he said. “Also, Casella is all about community involvement … and felt that this would be a nice gesture, and it’s a chance to let residents know that we are there for them.”

According to a memo dated May 17 from Acting Public Works Director Ray Tourt to Tabelski, in exchange for Casella servicing the parks on a daily basis and downtown on a weekly basis, the city would provide trash bags for the parks and allow Casella to repaint the trash cans in the parks and place a sign on the receptacles, stating “Serviced by Casella Waste.”

Tabelski, in turn, drafted a resolution that is on Monday night’s City Council Conference Meeting agenda that would forge a partnership between the city and Casella through Nov. 30, with the potential for two one-year renewal periods after that date.

Should City Council agree with the plan, the resolution would be forwarded to its next Business Meeting in June.

Pero sold his Trash Away business (that he owned with his brother) to Casella in September 2019, and in the process, accepted the general manager position for Casella’s Batavia Division. He said that seven trucks, operating out of an office on Apollo Drive, handle refuse collection in the division’s two counties – Genesee and Livingston.

Also, on Monday’s agenda:

  • A draft resolution that would authorize using $70,000 from the appropriated parking lot reserve fund to pave the parking lots on Center Street, Lions Park (off Wallace Street) and Canale (west of 240 Ellicott St.).

The respective costs are $50,000, $12,500 and $7,200 for a total of $69,700.

In a memo to City Council dated May 15, Tabelski indicated that resurfacing of these lots is part of a strategic plan to maintain parking lot and sports surfaces. Paving of the Williams Park lot is scheduled for fiscal year 2022-23.

  • Several event requests for this spring and summer, including:

-- Just Kings BBQ (May 29 at Williams Park);

-- Blue Pearl Yoga in the Park (June 1-Sept. 30 at Centennial Park);

-- GLOW OUT 5K run (June 10 at Centennial Park) and parade (June 12 at Batavia City Centre parking lot);

-- Home to Home Concert (July 3 at Jackson Square);

-- Genesee Symphony Orchestra 75th anniversary kickoff (July 17 at Austin Park).

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On another City of Batavia matter, the Planning & Development Committee this week recommended changing the zoning of a parcel at 211 E. Main St. from P-2 (Planned Development) to C-3 (Commercial) to accommodate the demolition and subsequent construction of the GLOW YMCA/United Memorial Medical Center’s Healthy Living Campus.

PDC Chair Duane Preston said a letter was sent to City Council, which will vote on the zoning change at a future Business Meeting.

Council had referred the matter to the PDC for its opinion after receiving a request from the project manager to change the zoning so that it falls in line with the two other affected properties.

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