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Jacobs introduces legislation designed to bring more transparency to fertility industry

By Press Release

Press release:

Last week, Congressman Chris Jacobs (NY-27) introduced Steven’s Law to bring transparency and needed safeguards to the fertility industry. The bill is named in honor of Steven Gunner, who tragically passed away at the age of 27 due to an opioid overdose following a long battle with addiction and schizophrenia. His parents learned after his passing the donor used to conceive him also struggled with addiction and had been diagnosed with schizophrenia.

“Today, I am proud to announce I have introduced Steven’s Law, a bill that will bring needed safety regulations to the fertility industry. After the passing of their son, Laura and David Gunner discovered that the donor they had used to conceive him had failed to disclose pertinent medical information in his pre-donation screening and was diagnosed with schizophrenia and later died from substance abuse,” Jacobs said. “This legislation is common sense and will ensure other families around the country will not have to endure the same pain and suffering of the Gunners. I want to truly commend Laura and David for their strength in the face of such adversity - their advocacy and fight will ensure thousands of other families are protected.”

“This legislation is simple and straightforward and will ensure that common sense protections are put in place in a widely unregulated industry. We are working to ensure that any potential parent has the right to see all available information about a potential donor to help them make the most informed decision possible,” Laura and David Gunner said. “We want to thank Congressman Jacobs for his work to bring attention to our son Steven’s story and to put forth legislation in his honor to protect other families from enduring such pain. It is our great hope this legislation will gain momentum and the support needed to pass quickly.”

Steven’s Law would require sperm banks to collect information from donors on diagnosed medical conditions including genetic disorders, mental illnesses, intellectual disabilities, familial medical conditions, and sexually transmitted diseases. Sperm banks would also be required to disclose certain information to participants including the donor's anonymized medical records, a summary of the information in such medical records, and any medical information the sperm bank was unable to obtain.

The full text of the legislation can be found here.

Gas prices continue downward trend

By Press Release

Press release from Automobile Association of America:

Today’s national average price for a gallon of gasoline is $4.68, down 13 cents from last Monday and down 12 cents since reported last Tuesday. One year ago, the price was $3.14. The New York State average is $4.80, down 9 cents since last Monday. A year ago, the NYS average was $3.20. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia - $4.72 (down 8 cents from last Tuesday)
  • Buffalo - $4.76 (down 5 cents from last Tuesday)
  • Elmira - $4.79 (down 8 cents from last Tuesday)
  • Ithaca - $4.86 (down 5 cents from last Tuesday)
  • Rochester - $4.86 (down 7 cents from last Tuesday)
  • Rome - $4.90 (down 5 cents from last Tuesday)
  • Syracuse - $4.81 (down 7 cents from last Tuesday)
  • Watertown - $4.90 (down 3 cents from last Tuesday)

Early last week, unleaded gasoline dropped below $5 a gallon at about 80% of gas stations across the country as oil prices dropped amid broad market concern regarding a potential slow, or even stall, of economic growth due to rising interest rates and inflation. A lower economic growth rate than expected could cause crude demand to further decline, leading pump prices to follow suit. This morning, oil prices are at $103 to $105, down slightly from the $103 to $107 per barrel seen last Tuesday.

Last Wednesday, data from the Energy Information Administration (EIA) showed that gas demand sat at 8.93 million b/d, which was lower the last year’s rate of 9.11 million b/d at the end of June. On the other hand, domestic gasoline stocks increased by 2.6 million bbl to 221.6 million bbl. These supply and demand dynamics, along with decreasing oil prices, have pushed pump prices lower. If these trends continue, drivers will likely continue to see relief at the pump.

From Gas Buddy:

“The national average has declined for 27 days straight, or four weeks, the longest decline in average gas prices since the pandemic started in 2020. Average gas prices are down nearly 40 cents, with Americans shelling out $140 million less on gasoline every day than they did a month ago," said Patrick De Haan, head of petroleum analysis at GasBuddy. "We may see the trend last a fifth week, as long as oil prices remain cooperative and don't surge beyond $105 per barrel, and as long as refinery production of gasoline remains strong. But we're not completely out of the woods yet - we could also see a sharp reversal in the decline. There remains risk of a spike in prices that could send us to new record levels in August, should any disruptions occur. It could be a wild ride, but for now, the plummet at the pump shall continue."

Motorcyclist strikes deer on Paradise Road, Bethany

By Howard B. Owens

A motorcyclist reportedly struck a deer in the area of 4943 Paradise Road, Bethany, and sustained a possible broken leg.

Bethany Fire and ambulance responding.

The patient is conscious and alert with leg pain.

The roadway is not blocked.

UPDATE 7:35 a.m.: One patient transported to Strong Memorial Hospital by Mercy EMS.  Bethany Fire back in service.

Woman charged after dog treated repeatedly for narcotics overdose

By Howard B. Owens

A 30-year-old Batavia woman is charged with injuring an animal after a veterinarian treated a French Bulldog three times for an overdose of cocaine or "some other narcotic."

Cassandra L. Elmore faces three counts of injuring an animal.

The dog was treated on May 15, May 25, and June 21 for the apparent overdoses.

Elmore is also accused of owning an unlicensed dog.

According to a Batavia Police Department release, officers believe the dog "got into" the narcotic but don't specify how the dog came into contact with the narcotic.  

Police believe Elmore owns the Bulldog.

The current status of the dog is not reported in the release.

Elmore was issued an appearance ticket.

Pair from Rochester accused of stealing merchandise from Dick's, leading deputies on chase

By Howard B. Owens
Jacob Smith Ashley Grann

Two people were arrested on grand larceny charges July 3 after allegedly stealing merchandise from Dick's Sporting Goods on Veterans Memorial Drive, and then fleeing from police.

The suspects were eventually apprehended after being followed at a high rate of speed from Batavia to Rochester on the Thruway and the I-390. 

Ashley L. Grann, 33, of Brooks Avenue, Rochester, and Jacob D. Smith, 33, of Clifford Street, Rochester, are charged with reckless endangerment 1st, grand larceny 4th, unlawful fleeing from a police officer, criminal possession of a controlled substance 7th, and obstruction of governmental administration. 

The Sheriff's Office released information on the arrests today.

According to the Sheriff's Office, Grann and Smith were pursued by deputies, and exited their vehicle on Brooks Avenue and then ran from deputies before being apprehended. 

They were allegedly found in possession of narcotics. 

The Sheriff's Office did not say what the duo is accused of stealing.

They were arraigned in Town of Stafford Court on behalf of Batavia Town Court and ordered to return to Batavia Town Court on July 23.

The incident was investigated by Deputy Nicholas Chamoun and Deputy Kenneth Quackenbush, assisted by Sergeant Andrew Hale, Deputy Alex Hadsall, Deputy Ryan Mullen, and State Police.

Richmond's summer reading suggestion is a musical mystery

By Howard B. Owens

The obstacles faced by a young black musician and untangling the mystery of who stole his priceless violin makes for a compelling story, said Samantha Basile at the reveal of the Richmond Memorial Library's summer reading selection.

"This year, we had a lot of strong contenders, but we kept coming back to one in particular," said Basile, the community and adult services librarian at the Richmond library. "So this year's title selection is a debut novel. It is part mystery part coming-of-age story. It was a Good Morning America GMA book club pick."

The selection is The Violin Conspiracy by Brendan Slocum.

Basile said the selection committee, which has been reading review copies of multiple novels over the past year, was "drawn to the powerfully written passages about music, the element of mystery, and the no holds barred portrayal of the obstacles faced by a young black classical musician and contemporary America."

Basile played a short video from Slocum in which he described and discussed his debut novel.

"It's a story about perseverance and hard work and the power of one person believing in you and believing in yourself," Slocum said. "It's a story of Ray, who discovers that his old family fiddle is actually a priceless Stradivarius violin. This discovery catapults him into superstardom in the world of classical music. And right before the Tchaikovsky Competition, which is the Olympics of classical music, his violin is stolen."

And thus the mystery begins, and a determined protagonist works diligently to uncover, from among many suspects, who stole his violin so he can recover it in time for the competition.

"This story came to me in the summer of 2020 When everything was shut down for everyone," Slocum said. "As a professional violinist, I wasn't playing any concerts. I wasn't teaching any lessons. I wasn't practicing for any recitals, or performances or anything. So it really gave me an opportunity to sit down and write."

Members of the Genesee Symphony Orchestra's string section performed during the reveal and Library Visits Coordinator Lucine Kauffman read a passage from the book (see video below).

Slocum will be at Richmond library, 19 Ross St., Batavia, at 7 p.m. Oct. 7  to discuss his book and sign copies.

The Richmond Reads Committee will host additional book discussions and readings during the summer.

Copies of the book are available now to borrow at the library in regular or large print, and on the Libby app as an eBook or audiobook. Copies may be purchased at the front desk for $20, cash or check made out to the Friends of the Richmond Memorial Library.

Photos by Howard Owens

Photos: 'Repetition' helps players raise their game during Braksy's five-week basketball camp

By Howard B. Owens

Some of the best young basketball players in the region -- about 70 of them -- are participating in an annual five-week basketball camp at Batavia High School hosted by Coach Buddy Brasky.

The program runs from July 5 to August 8.

Brasky said most basketball camps during the summer last for only one week.  He favors five weeks because that gives the players more time to work on their skills.

"Repetition is the mother of learning," Brasky said.

Numbers are good in camp, he said, with 70+ kids. It’s about average compared to other years.

He's been hosting the camp for 25 years.

"I wanted to help raise the level of basketball in the glow region," Brasky said. "Plus I wanted a place where the best players in the area had a place to compete against each other throughout the summer. I expect the players that come to camp to significantly raise their skill level by the end of the camp, and to also raise their competitive spirit."

Assisting Brasky this summer are Matt Shay, boys Varsity coach at Pembroke HS,  Billy Truitt, former Division 1 and professional basketball player,  Tim Sullivan, well-respected skills instructor, and Tim Stevens, boys Varsity assistant coach at BHS.

Photos by Howard Owens

Photo: Summer softball skills camp at Batavia

By Howard B. Owens

It's more than just fun in the sun each of the last five summers when James Fazio has hosted his annual softball summer skills camp at Batavia High School.

It's about putting in the reps to learn the skills that leads to winning games.

The camp is open to softball players from throughout the region, not just Batavia students, and the girls work on the fundamentals of the game including hitting, throwing, fielding, base running, and pitching.

Fazio was assisted at this year's camp by Athletes Edge Coach Brian Mruczek, Batavia Varsity Assistant Coach Mike Almekinder, Batavia JV Coach Jamie Masters and Batavia Stingers Coach Stan Kaus.

"I like to open the camp up to girls from the whole area, not just Batavia girls, just so we promote the game," Fazio said. "If I can help them with their skills in any way possible, that's my main objective. Obviously, I'd like to have a lot of my Batavia girls attend, which we do have a good amount this year, and I have my varsity girls who are helping and they've done a tremendous job all week long. I'm just trying to promote the game in our area, which is very popular anyways."

Photos by Howard Owens.

FIre reported on Washington Avenue

By Howard B. Owens

A fire was reported at 103 Washington Ave., Batavia.

The fire was apparently out by the time City Fire was on scene. Firefighters are checking for extension.

It's a multi-unit dwelling and all occupants appear to be out of the building.

Train's Monahan keeps writing and recording to 'stay relevant'

By Alan Sculley

Pat Monahan of Train doesn’t need to write new songs and make new albums. He’s had more than enough hits over a career that now spans nearly 30 years to be able to tour for as long he wants. 

But he’s back with a new Train album, “AM Gold,” back on tour this summer (topping a bill that also includes Jewel and Blues Traveler) and hoping this latest album will give him another hit single – or more. Far from coasting on a catalog that includes more than 20 adult pop hits, Monahan’s still as driven as ever to stay in the current pop music conversation. 

Train takes the stage tonight at Darien Lake Performing Arts Center.

“You know, there was a famous conversation between Billy Joel and Elton John where Elton John was like ‘How come you aren’t making new albums?’ And he (Joel) says ‘How come you haven’t stopped?’” Monahan recalled in a mid-May phone interview. “But Elton has this desire to continue to be relevant. And I have that same desire…I feel more like Elton John than Billy Joel.”

“It’s not about record sales,” he concluded. “It’s simply the desire to stay relevant.”

“AM Gold” finds the latest lineup of Train – Monahan, drummer Matt Musty, keyboardist/guitarist Jerry Becker, guitarist Taylor Locke, bassist Hector Maldonado and backing singers Sakai Smith and Nikita Houston, working more as a band than ever.

On the band’s previous two albums, “Bulletproof Picasso” and “A Girl, a Bottle a Boat,” Monahan had collaborated with outside writers to generate songs he hoped would have commercial potential. But as work on “AM Gold” progressed, Monahan ended up writing primarily with Musty and Becker.

Monahan said he had not settled on how many songs from “AM Gold” to include alongside hits and other back catalog material in Train’s shows this summer. He expected some early fan feedback online would point him toward what new songs to perform. But whatever form the set list takes, fans can expect a lively show with some visual splash.

“Hopefully we’ll have a little pyro for everybody, some real fun explosions, and a great light show,” Monahan said. “But within reason. It won’t be a Kiss show.”

Photo by Brooke Clark.

Introducing The Batavian's opinion section

By Howard B. Owens

The Batavian now has an opinion section.

This will become our central hub for community discussions about a variety of issues.  We welcome submissions of op-ed pieces and letters to the editor (we've never accepted letters before).  Submissions must be made either through the website (register for an account and login in the box on the left side of the page) or through email to howard@thebatavian.com.

All points of view are welcome.

We do have rules and guidelines.  You can read them here.

We will no longer have comments on stories but we do have comments on opinion pieces posted to the opinion section.  Posts to the opinion section will not be shared on The Batavian's Facebook page but will remain exclusive to the website.

The "recent comments" box remains on the left side of the home page and this will contain links to comments made on posts in the opinion section.

Photos: The Dierks Bentley 'Beers on Me Tour' at Darien Lake

By Philip Casper

Travis Denning, known for his song “David Ashley Parker from Powder Springs” which peaked in 2018 at 32 on the Billboard Country Airplay charts, opened the show with his shredding guitar solos and modern country/rock sound.

Jordan Davis, a crowd favorite, followed playing a half-hour set, playing  “Buy Dirt,” “Almost Maybes,” and “Singles You Up.” 

Dierks Bentley was the star of the show, opening with his 2003 number 1 hit off his first album “What was I thinking.”  His performance included “Burning Man” and “I Hold On.”  In Bentley’s 19-year career, he’s released 25 singles, and 22 have reached the top 5, 17 of which climbed to number 1 on the Billboard Hot Country Charts. 

Photos by Philip Casper

Photo: Sunset in Stafford

By Howard B. Owens

Friday's sunset as seen from Route 33 and Griswold Road in Stafford.

Reader-submitted photo.

Independent Living to host picnic to celebrate anniversary of ADA passage

By Press Release

Press release:

Independent Living of the Genesee Region (ILGR) invites you to celebrate the 32nd anniversary of the signing of the Americans with Disabilities Act (ADA) at our Annual Picnic.  Free food, including hot dogs, hamburgers, and salad, will be provided, plus additional fun, and games.  We look forward to having you join us! 

The event takes place Tuesday, July 26, 2022, from 4 to 6 p.m. at the Town of Batavia Kiwanis Park, 3808 West Main Street in Batavia, rain or shine. 

Please bring your own chair!  COVID-19 guidelines will be followed.

You can RSVP and get more information, by calling Cathy DeMare at 585-815-8501, extension 400.  Let her know if you need transportation.  Please note that all children under the age of 12 must have a booster or car seat.

Independent Living of the Genesee Region (ILGR) is a member of the Western New York Independent Living, Inc. family of agencies that offers an expanding array of services to aid individuals with disabilities to take control of their own lives.

A fluid issue pits Batavia company against city, town and county

By Joanne Beck

Just as the deadline for public comments was coming to a close Thursday, local municipalities were giving their reasons for opposing a request for what they believe is an excessive amount of water from City Well D.

The Department of Environmental Conservation is at the center of the request from Seneca Power Partners and opposing sides of the city and town of Batavia and Genesee County. DEC Communications spokeswoman Andrea Pedrick told The Batavian Thursday that “the public comment period ends today. DEC’s next step is to evaluate the application and any comments received to determine next steps.”

“The letter of opposition will be reviewed the same as any other public comments sent to DEC regarding this application,” Pedrick said. “It would be speculative to speak ahead of this review process.”

Seneca Power Partners surprised the municipality leaders with the permit request to draw 715,600 gallons of water per day from the city’s well for the company’s Batavia Power Plant at 163 Cedar St., Batavia. Such extraction of water daily could greatly affect the water supply for local citizens, the opposing letters stated in much more elaborated terms. (See Batavia company seeks permit for water, faces opposition)

The opposition ...
Batavia Town Supervisor Greg Post agrees with the reasons cited by city and Genesee County officials for opposing the application. In addition to letters sent by the other two municipalities, Post also sent a letter with additional ramifications if the request is granted.

One topic that has not been considered in the application or related reports is “the collateral environmental impacts,” Post said.

He has witnessed how excess demands on the aquifer downstream, primarily east and north of the city’s wellfield, he said. DeWitt Park, Seven Springs Country Club, Rochester Zen Center, Retreat at Chapin Mill, Horseshoe Lake, and Genesee County Fish and Game Protective Association (at Godfrey’s Pond) all depend on the water supply from this aquifer to maintain wetlands, ponds, lakes, and headwaters of Bigelow Creek “in the same manner consistent with the past several centuries," he said.

Post disagrees with SPP's environmental assessment that there are “no known significant individual or cumulative adverse environmental impacts” from the large withdrawal of water for Batavia Power Plant each day. Reports used as supporting documentation for SPP’s request were based mostly during low usage of the aquifer than more current times would show, Post said.

“Our concern is that any further demands on the aquifer that sustains this region’s people, industries, commerce, agriculture, and the ecological system should be looked at in more depth than the current assembled application,” Post said. “I would strongly ask that all parties demand the time to more thoroughly investigate the consequences of this permit issue.”

Genesee County is still weighing its options for how and if to respond if DEC grants the request, County Manager Matt Landers said. He wasn’t certain whether public hearings would be a future option, and the county is “handling the situation directly with DEC” right now while keeping the public informed through press releases of its correspondence with the agency, he said. To his understanding, “the permitting decision is solely in the hands of the DEC.”

“We obviously hope our letter speaks for itself to the DEC and they deny the application for the permit,” he said. “We are hopeful that an additional strain on one of the main sources of water in Genesee County is not put in place. Putting additional strain on the County’s ability to deliver safe, clean and reliable water to the residents of Genesee County is certainly not in our best interest.”

County Legislature Chairwoman Rochelle Stein said the county would like to “encourage NYS DEC to consider our comments of opposition to the request.”

“We will work in cooperation with our municipal partners as the review process evolves,” she said.

In response to The Batavian’s request for a worst-case scenario if the request is approved, Stein said that could be a “possible reduction of available raw water … for our residents and further water restriction possibilities.”

The applicant ...
In its application, a 662-page document stating its case with several supporting documents, Seneca Power Partners said that the use of water is “an integral part of the energy production process and is proportional to production.” More water is needed to produce more electricity. A simplified route the water takes looks something like this:

Water + heated by natural gas = steam = spins a turbine = goes into a generator = energy converted to electricity

The steam often evaporates and cannot be collected after the process, applicant John Trendowski, on behalf of the company, stated. Batavia  Power Plant tries to minimize its water usage and repairs any leaks within the system in a timely manner. Any wastewater generated will continue to be discharged to the city of Batavia sanitary sewer, treated by the publicly owned wastewater treatment plant for eventual discharge to Tonawanda Creek, Trendowski said.

As production increases, the need for additional water will also increase as there will be more evaporative losses. The facility will track water intake from the well and the city, as well as water discharged to the city of Batavia wastewater treatment plant, he said.

“Although after-efficiency processes may reduce water usage slightly, energy production is a water-intensive process. This project was selected from evaluated alternatives because Batavia Power Plant has struggled economically in the energy market over the last several years. By using the well located on the property on Cedar Street, the Batavia Power Plant can limit its intake water from the city of Batavia,” the application states. “The generation of electricity requires significant amounts of water for cooling purposes, which is proportional to energy production. By reducing the amount of potable water required from the city, the facility can alleviate some of these expenses.”

The water withdrawal by the city to supply water to Batavia Power Plant has occurred since 1996, and based on a hydrogeologic report for Batavia wellfield, “withdrawing water directly from Well D should not have an effect on the water supply for municipalities or industrial sources in the area,” the permit application states.

The application points to major tributary watersheds that connect to Niagara River and Lake Erie, including Tonawanda Creek, which is 1,538 river miles. The creek itself is not the best source of consumable water due to its high turbidity and need for treatment, city officials said in their letter of opposition.

In the letter accompanying SPP’s permit application, Brian Gregson, development manager of Seneca Power Partners, and John Trendowski, senior principal with C&S Engineers, Inc., are the primary representatives for the request.

Not familiar with Seneca Power Partners has seemingly operated under the public radar, with no company signage to indicate it’s even there (on Cedar Street near O-AT-KA), sparse information online, and few, if any, public mentions.

The permit application is now in the hands of the DEC for a final decision.

Top photo: National Grid transmission lines near the power plant; the plant on Cedar Street in Batavia; an aerial view provided within the application; power lines running from the National Grid lines to the power plant. Photos by Howard Owens.

Top Items on Batavia's List

City of Batavia, NY Position: Full-time Building Maintenance Worker. Salary: $20.60 - $24.45/hour. The City of Batavia is accepting applications for one full-time Building Maintenance Worker. The work involves a variety of mechanical and other building maintenance tasks. Applicant must have a minimum of two years of full-time paid experience in general building construction or maintenance work, or an equivalent combination of training and experience indicating ability to perform the duties of the job. Civil Service applications may be obtained at City Hall in the Human Resource Department. Please send completed applications to Teri Dean, Employee Payroll/Insurance Clerk, One Batavia City Centre, Batavia, NY, or via email to tdean@batavianewyork.com by September 20, 2024. Background check, psychological assessment, and physical/drug testing required. Candidate must become a resident of the County of Genesee or any adjacent town to the County of Genesee within 6 months of the date of conclusion of the probationary period for the City of Batavia. EEO
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