Assemblyman Steve Hawley (R,C-Batavia) denounced the state government’s recent decision to require background checks for all ammunition purchases in New York. While the current system allows for free customer background checks for firearm purchases, this initiative would hand over this duty to the New York State Police.
Once this new system goes into effect, customers will be charged an additional fee of $9 for firearms and $2.50 for ammunition in order to cover the cost of a background check. Hawley is disappointed the state government is once again disregarding New Yorkers’ Second Amendment rights.
“This new plan to require background checks for ammunition purchases is completely outrageous,” said Hawley. “Not only does this infringe on our Second Amendment rights, but they’re making responsible, law-abiding gun owners foot the bill. Actual criminals are not going to go through the process of doing a background check and pay an additional fee on top of that. This will only deter law-abiding citizens from exercising their constitutional rights,” continued Hawley.
“As New Yorkers, we shouldn’t have to worry about career politicians in Albany picking away at our rights piece by piece. As your assemblyman, I’ll do everything within my power to make sure our Second Amendment rights are safe and secure.”
The richest night of harness racing all summer will be held at Batavia Downs on Saturday (August 26) when total purses of $467,400 will be in play for participants of the heavily stake-laden card. Post time for the first of 15 races is at 6 p.m.
The New York Sire Stakes will be back in Genesee County, this time featuring both colt and gelding and filly divisions of 3-year-old trotters. Those three races alone are worth $234,900 and coupled with three $20,000 divisions of NYSS Excelsior events, total $294,900 in purses for the state-bred trotters.
Also on the card is Batavia Downs’ signature event, the $75,000 Robert J. Kane Memorial Invitational Pace which has attracted some of the best Open pacers currently racing in North America.
The feature races start with one division of NYSS 3-year-old male trotters going to post for a jackpot of $119,800 and includes two top trotters from their division going postward.
Kierkegaard K (Chapter Seven-Gone Baby Gone) has four wins this year including two NYSS events and an elimination of the MGM Yonkers Trot. But he also won the Empire Breeders Classic at Vernon Downs in 1:50.3. That mark has him tied as the fastest 3-year-old trotter of either gender to this point of 2023 with Hambletonian winner Tactical Approach and Hambletonian Oaks winner Heaven Hanover. As if that line on his resume isn’t enough, with his earnings of $209,351, Kierkegaard K is also the 11th highest earner in North America among all 3-year-old trotters. After making a break in his Hambletonian elimination at the end of July, Kierkegaard K came back with a NYSS win and a third-place finish in the Beal Memorial at Mohegan Sun Pocono last week, bringing him into this race off two solid efforts and looking like the one to beat.
Kierkegaard K starts from post three with Mark Macdonald in the bike for trainer Ake Svanstedt.
Chapercraz (Crazy Wow-Chaperess) has also had a big year with three wins, including two NYSS outings. But the gelding was only a little over two lengths away from having three more wins and all in very big races. Chapercraz finished second by a head in the MGM Yonkers Trot elimination, second by three-quarters of a length in that final and second by 1-1/4 lengths in the Zweig Trot at Vernon. But all those seconds still paid well and as a result, Chapercraz is currently the seventh richest 3-year-old trotter in North America. After not missing the board in eight consecutive starts, Chapercraz got stung last week at Saratoga, parked four-deep into turn one before getting the lead past the :27.1 quarter. But he never saw the pylons until the three-eighths and that took its toll at the end of the mile and gave him his first out since May.
Chapercraz looks to rebound from post four with Joe Bongiorno in the bike for trainer Ron Burke.
Next are two NYSS divisions for 3-year-old trotting fillies. The first group goes for $57,000 and none of the five fillies have won a NYSS event this year.
Five Fish Species (Chapter Seven-Stylemaker) comes into this race on a tear, winning three out of her last four starts including two Excelsior races. She is making her first NYSS start here for trainer Megan Scran who has Mark Macdonald in the bike from post three.
Usosweet Blue Chip (Devious Man-Twin B Kisses) finished second in the NYSS at Yonkers last week, has one Excelsior win earlier this year and is the highest 2023 earner of this group. Marcus Miller will drive from post two for his father, trainer Erv Miller.
On The House (Chapter Seven-On Your Tab) has drawn terribly in her last three NYSS events but still was able to grab two checks. Prior to that she was a willing winner from post one in an overnight at Mohegan Sun Pocono. Here she drew post four for trainer Ake Svanstedt who has Jim Morrill Jr. In the sulky.
The second division is a six horse affair going for $58,100 and Royal Filly (Chapter Seven-Swinging Royalty) looks to get the most attention from the bettors.
Royal Filly is a four-time winner this year, including a victory in the Empire Breeders Classic and three NYSS races, two of which came in her last three starts. Her $190,697 in earnings has her the fifth richest and her mark of 1:52 has her the eighth fastest 3-year-old trotting filly in North America to this point. Royal Filly has drawn post one and trainer Tony Alagna has Tyler Buter back in the bike for this outing.
Woolco (Chapter Seven-Upside Hanover) is also a four-time winner and they were at both NYSS and Excelsior levels. And aside from one unfortunate break, Woolco has been first or second six out of her seven starts this year. Leaving from post six, trainer Bob Krivelin has Jim Morrill Jr. at the lines for the second time this year. The first outing with Morrill was a win.
Canterbury Hanover (Chapter Seven-Charmed Life) is another consistent performer with a win, second and third in her last three starts and all in NYSS action. She is the second-highest earner among this group and is poised to make a strong statement. It will be a homecoming of sorts for trainer/driver Jeff Gregory who started his career at Batavia Downs. Canterbury Hanover drew post four.
Finally, the $75,000 Robert J. Kane Memorial Invitational Pace has drawn what appears to be, the toughest overall field in the 17-year history of the race.
Covered Bridge ships in fresh off a win in the 64th Gold Cup and Saucer Pace at Red Shores in Charlottetown, PEI last week. After winning his elimination in 1:51.2 by four lengths, Covered Bridge came back in the final from post nine and won the final in 1:50.3 after being parked out four-deep at three-quarters. Covered Bridge also took a seasonal mark of 1:49.4 at Yonkers in June. His 13 wins this year have earned him $390,985 and he is likely to become a millionaire by the end of business on Saturday night as he is only $5,325 shy of that mark now.
Jordan Stratton will be at the lines again for owner/trainer Mark Ford and will start from post five.
Rocknroll Runa A (Rock N Roll Heaven-She’s A Runa) has excelled on half-mile tracks since landing in North America and you needn’t look any further back than his last three starts for proof as he has been dominant in the Open at Yonkers. He also finished second in consecutive weeks at Plainridge Park while chasing two track records in those races. His extreme tactical speed and middle-of-the-pack draw makes him very dangerous in here.
Jason Bartlett will drive Rocknroll Runa A from post six for trainer Larry Stalbaum.
The field of eight also features millionaires This Is The Plan ($3,082,603) and None Bettor A ($1,145,227), 12-time 2023 winner Idealsomemagic A and last week’s Batavia Downs Open winner and recent import, Mirragon A.
The Robert J. Kane Memorial Invitational Pace is named in honor of the former chairman of the Western Regional Off-Track Betting Corporation (WROTB) and his vision for a defunct racetrack. In 1998 Robert Kane saw the opportunity for WROTB to keep harness racing alive in Western New York and convinced the group to purchase the shuttered Batavia Downs. He then worked diligently for four years to obtain a racing license from the state of New York in order to re-open the track in 2002.
With the improvement of the live racing product, multiple expansions of the gaming floor, and the addition of the top-rated hotel in the years since the acquisition, what once was an empty building is now the pre-eminent attraction in all of Genesee County and that is due to the vision of Robert J. Kane.
Families are encouraged to bring the kids early on Saturday to have their picture taken with one of the Budweiser Clydesdales, who will be on hand from 2 p.m. to 4 p.m. for a track-side meet and greet. Also, there will be a Kane Memorial T-Shirt giveaway that night. You must be a Players Club member and swipe your card (starting at 4:30 p.m.) to receive a slip redeemable after the seventh race.
Suffice it to say that the name Savarino will be the word of the day for some time to come, as working through the recent company’s closure and what that means for Ellicott Station will be “a long process,” City Manager Rachael Tabelski said Thursday.
The Batavian had reached out to Tabelski late Tuesday about any updates on the closure of Savarino Companies and how that may impact the work-in-progress at the Southside apartment complex known as Ellicott Station.
Tabelski responded on Thursday to say that company President Sam Savarino has not been in touch with the city since the publication of the news and that city officials are continuing to work on the situation.
“There’s been no contact from the company,” Tabelski said. “We’re trying to gather as much information as we can. We don’t have answers yet, and we’ll be working on it. And looking to get those answers for everybody in the community, what next steps might be and what that might look like.”
She confirmed that prospective developers have contacted the city expressing interest in the project and that no vendors or subcontractors have called with concerns or complaints at this point.
City officials plan to meet with staff from the New York State Office of Homes and Community Renewal in September, which has been in the works since the city learned about lower-than-expected income requirements at Ellicott Station.
First promised as market rate, then workforce housing, the apartment complex's application surprised city officials earlier this year with low to very low-income levels, prompting them to reach out to HCR for assistance to see what could be done to raise those income levels to allow for workforce housing tenants.
Apparently, in addition to the apartment complex, on-site work has also included preparation for a brewery, which had been discussed in original plans but had fallen through with the one company, Buffalo-based Resurgence Brewing. Savarino had later said that he still intended to follow through with the plan for a restaurant and/or brewery, whether it be another vendor or his own company.
The developer owns the property at 30-50 Ellicott St. as part of a deal brokered by Batavia Development Corp. in an effort to throw a spark onto an underutilized piece of “brownfield” property that needed a remediation and economic boost.
New York State’s Office of Homes and Community Renewal promised $1.2 million per year for 10 years in low-income housing tax credits -- incentives that were tied to the developer securing an investor or investors to back the project.
He requested approximately $3.6 million in economic incentives, with a $2,105,792 property tax exemption, a $790,512 sales tax exemption, and a $180,792 mortgage tax exemption. The bulk of the incentives are only realized by the developer after the compilation of a project.
Genesee County Economic Development Center CEO Steve Hyde said Wednesday that the agency is working to determine the next steps to be taken and that the agency had already found the company to be in default of its financial agreement.
Savarino was awarded $425,000 of the city’s Downtown Revitalization Initiative grant money and $5.7 million of HCR’s low-income housing tax credits.
In 2017 and 2018, the city also awarded his company two grants: one from Empire State Development called the Restore New York grant for $500,000 to rehab the old electric building that’s on the site and a $250,000 National Grid grant to enhance the Ellicott Trail on the property area right behind the Savarino campus.
Savarino stated at the start of the project that the estimated construction costs at the time were more than $22.5 million. The total of awarded grants, incentives, and tax credits is about $11.6 million. With the project incomplete, Savarino has not yet realized the full value of those incentives, grants, and tax credits.
The Batavian has reached out to Savarino for further details about the closure and future of Ellicott Station and its 55 previously confirmed tenants; and to HCR for comments about the agency's ongoing role and responsibility in this situation and will provide an update when/if a response is provided.
Save the date! Saturday, September 16, from 10 a.m. - 1 p.m., the Genesee County Master Gardeners will be hosting their annual Fall Garden Gala and Plant Sale at Cornell Cooperative Extension of Genesee County, 420 East Main Street in Batavia.
This plant sale features hardy garden perennials, most of which are grown by Master Gardeners. Fall is a good time to plant many perennials as there is still time for them to grow a strong root system before winter. A wide variety of house plants will also be available for sale.
Learn how to artfully arrange flowers fresh from the garden, as talented Master Gardeners create arrangements and bouquets right before your eyes! These beautiful flower arrangements will be available for sale.
Don’t forget to stop inside for the Basket Auction. You never know what treasures may appear. The Basket Auction drawing will begin at 12:30 p.m.
The Master Gardener Helpline will be open to answer your gardening questions. Not sure what your garden soil pH is? Bring in a soil sample for FREE pH testing.
Don’t miss your chance to pick up some great plants at great prices. Arrive at 10 a.m. for the best plant selection. No early birds, please.
Proceeds from the sale benefit the educational outreach of the Genesee County Master Gardener Program.
For more information contact Jan Beglinger at Cornell Cooperative Extension of Genesee County, (585) 343-3040, ext. 132, or stop by the Extension office at 420 East Main Street in Batavia. Visit our website at: http://genesee.cce.cornell.edu/events for more information. Like us on our Facebook page for Gala and other Master Gardener program updates https://www.facebook.com/CCEofGenesee.
Batavia Downs Gaming & Hotel has announced the on-sale dates for several upcoming events taking place this fall at Batavia Downs Gaming & Hotel.
On Friday, September 22, the Ricky Palermo Foundation Comedy Night will be held inside Park Place. Attendees will receive admission to a night of comedy, a free drink, a buffet dinner, and $25 in Free Play. Tickets can be purchased at rickypalermofoundation.org.
Monday, September 25 will be Batavia Downs’ Oktoberfest featuring music from Fritz’s Polka Band. This free event will run from Noon - 3 p.m. The Homestretch Grill doors will be open and several Polish food specials will be available.
On Saturday, September 30, the 3rd annual Vodka & Gin Fest, presented by Deep Eddy Vodka and Ford’s Gin will take place from 4 to 6:30 p.m. For $40, attendees will have access to vodka and gin sampling as well as grazing stations and receive $25 in free play as well as a free program and $5 wager on that evening’s races at Batavia Downs. Designated Driver tickets will also be available. $35 early bird tickets are now on sale at BataviaConcerts.com for a limited time.
WBBZ’s popular show, Polka Buzz, will tape their show inside the Park Place Room on Thursday, October 5 – tickets and details will be available at a later date.
Batavia Downs’ famous Family Fun Day & Wiener Dog Races will take place on Sunday, October 15. Family-related activities will also take place including on-site entertainers, kettle corn stand, pumpkin decorating for kids 15 and under, carriage rides, and pony rides will take place from 12 - 2 p.m. with the wiener dog races commencing at 2 p.m. The time was moved up to accommodate guests who want to make sure they don’t miss the Buffalo Football game at 8:20 p.m. that evening.
The Batavia Bacchus Wine Festival will be happening on Sunday, November 5 from 1 - 3:30 p.m.For $35, attendees will have access to wine sampling from local and national wineries as well as grazing stations. All attendees will receive $25 in free play. Designated Driver tickets will also be available. Tickets for this event will be on sale later in the fall. This event will take place well ahead of that night’s Buffalo Football game at 8:20 p.m. giving attendees time to watch the game after the event.
“Our event schedule remains jam-packed for the fall,” said Henry Wojtaszek, President and CEO of Batavia Downs Gaming & Hotel. “We pride ourselves on providing a diverse variety of events for the people of Western New York. Our guests will find that these events are fun, well run, and affordable.”
Tickets for other previously announced September events like the Bruno Mars and Taylor Swift Tribute show, the Elvis Tribute Show, and the Silent Disco are on sale now at BataviaConcerts.com.
The Batavia Muckdogs have agreed to terms with current Manager and coach Joey “Skip” Martinez for the 2024 and 2025 seasons. Skip Martinez took over in 2021, the first season CAN-USA Sports took over ownership of the Muckdogs. The Florida native and former Detroit Tigers draft pick has come to know Batavia as a second home these past few years.
Since taking over, Martinez has led the Dogs to the playoffs in two of his first three seasons. The Muckdogs won the West Division in 2022 and fell just 1 game short of winning the PGCBL Championship that season. Under Martinez, the Muckdogs claimed the #1 seed in the regular season in both 2022 and 2023.
"Joey has done a great job for us here in Batavia, and we are pleased to have him back," said Muckdogs Owner Robbie Nichols.
“I am very happy to be back to my second home and continue to be part of the Nichols family and our Muckdogs Mafia, I hope to be here amongst family for a long time. Thank you for the continued support for our organization, We will be back, and we will be better,” said Martinez.
Season tickets are on sale as low as $99 for the 2024 season. If you are interested in tickets, sponsoring the Muckdogs, or hosting a group event next year at Dwyer Stadium, call 585-524-2260. For the latest news throughout the offseason, check out their website at www.canusamuckdogs.com. The Muckdogs will be hosting the Battle of the Badges this Saturday at 6 p.m. at Dwyer Stadium and will be hosting Muckdogs Trick or Treat on Saturday, October 21st 3 to 6 p.m.
The way Jeremy Logan sees it, Batavia needs a music store.
A community this size needs a place not just to buy instruments but all of the accessories musicians sometimes need on short notice, from strings and reeds to picks and drumsticks.
Logan worked for 13 years at Roxy's Music Store, and after Rose Caccamise died and the store closed, he knew there was a void to fill. He worked from home repairing guitars for former Roxy's customers and continued taking guitar lessons from Paul Runfola at St. Anthony's.
Going to a lesson one day, he drove by a recently vacated storefront next to Southside Deli on Ellicott Street and thought it might be a good location to start a music store. A few days later, there was a for-rent sign in the window.
He spoke to Runfola about it, and they decided to form a partnership and open a store.
In less than two weeks, Logan's Music has already started generating buzz among local musicians, and a lot of players are stopping by to say hello and check out the store. He's even made a few sales.
Currently, the store is stocked with second-hand guitars, from a gold-top Gibson Les Paul to custom Telecasters, along with lower-end models, as well as a few guitars Logan built or customized himself.
Logan, born in Batavia and raised on the Tonawanda Indian Reservation, fell in love with guitar at an early age. As he grew older, he wanted to find a way to make a living in the music business.
"I've loved guitar since I was kid, you know, but I wasn't good enough of a player to go further," Logan said. "I could play in local bands, but I wanted something consistent."
In 2000, he enrolled in the Roberto-Venn School of Luthiery in Phoenix and, after his studies, moved to Eugene, Oregon and worked for a company making graphite guitar necks.
Then he returned home and eventually took a job at Guitar Center in Buffalo, first in sales and then as a luthier when the company decided to open a repair shop.
One day he happened to Roxy's and met Rose.
"I was just talking with her and told her what I did and everything, and she said, 'Come over here,' and we sat down in the corner we talked for about a good hour about what I was doing. The next day, she gave me a call and offered me a job.
Logan liked holding down a job closer to town, and he gained a reputation among local guitarists as an expert luthier.
He became a luthier because he loved tinkering with guitars but also because he wanted to build custom guitars himself.
"I've always wanted to make my own kind of crazy designs," Logan said.
There's also satisfaction, he said, in bringing a broken guitar back to life, whether that is for a customer who drops by with a damaged instrument or if he finds a crippled axe at a flea market or garage sale, giving him an opportunity to turn it into something that brings joy to a customer.
"I like fixing guitars, taking a perfect junk guitar and making it playable and getting it to somebody who can use it," Logan said. "That's always really cool. I like the look on someone's face when they get a guitar. It's always the same feeling. I like just bringing a guitar back to life and getting it out to people to where they're it's to be played and not just sitting in a pile of junk."
The selection of second-hand guitars in the shop offers shoppers a wide variety of choices. He has buyers who go out and find them, and now that he has a storefront, customers will bring in guitars to sell. That makes the selection always eclectic and always changing, making the store a bit of a paradise for local guitar players who haven't had a place in Batavia to browse a variety of guitars for a couple of years.
He's still building his stock but has no plans in his current small space to stock many other instruments. He does intend to carry supplies to support all kinds and levels of musicians in the community and is open to suggestions.
"I had a music teacher from John Kennedy come in, and he was talking to me and asked me if I was going to carry certain stuff, and I said I don't really know what to carry for schools, so he sat down, and he gave me a whole list of what he needed," Logan said. "He said he would send over a teacher from Batavia High School, too. That was cool because everybody has been ready to give me advice and what is needed for the community. That is what I've wanted. It's going to be hard to take the place of Roxy's, but there was nothing here for the community, so it's cool (to get advice)."
Logan's Music is at 302 Ellicott St., Batavia. The store is open from 11 a.m. to 7 p.m. Tuesday through Friday and from 10 a.m. to 6 p.m. Saturday. The phone number is 585-201-7133.
Savarino sent The Bataviana four-page outline detailing what had transpired during that job, and we wanted to publish that explanation, albeit lengthy over the course of three years, here.
It began with DASNY Savarino had a contract with the Dormitory Authority of the State of New York, known as DASNY, to perform the construction of a student housing project at Alfred. The project was called MacKenzie Hall Phase III renovation and associated asbestos abatement. It was broken down into three phases, and phase 3A was to be done before 3B and 3C were to begin, Savarino said, though there was some overlap between all three phases.
The pandemic plays a role Soon after Savarino began the work in March 2020, it was suspended by DASNY due to COVID-19 and state executive orders. Savarino reserved its rights based on the project shutdown, and DASNY eventually determined that the work would resume on May 18, 2020, and the schedule would be reset. Phase 3A was then to be completed by July 23, 2021.
Phases 3B and 3C were to begin on May 17, 2021, and Savarino objected to the schedule that was being imposed and reserved all of its rights, he said. He moved toward completion of Phase 3A and also began certain work on the other two phases.
Alfred's change of plans On April 30, 2021, more than two and a half months prior to the required substantial completion of Phase 3A work, DASNY informed Savarino that Phase 3B and 3C were being put on pause, Savarino said. Alfred College had determined that it needed to continue the use of dormitory rooms that would have been renovated as part of Phase 3B and 3C. No other reason was given at that time, Savarino said.
For a variety of reasons, including COVID-19, supply chain issues, shortage of labor issues, owner delay issues (e.g., late change order work and failure to require design professionals to timely respond to Savarino requests for information and assistance) and other issues that were not attributable to Savarino, the Phase 3A work was not substantially completed by DASNY’s imposed date of July 23, 2021, Savarino said.
He was issued a temporary approval of occupancy by DASNY on or about Nov. 3, 2021, with respect to Phase 3A. Completion of “punch-list” items was still remaining.
Terminating services Notwithstanding its approval of occupancy, DASNY provided notice to Savarino on Nov. 4, 2021, that it intended to terminate Savarino with respect to the Phase 3A work and the remainder of the project, being the Phase 3B and 3C work that DASNY had paused back on April 30, 2021.
Savarino contested its termination in writing on Nov. 16, 2021, as well as during a conference call that was afforded to Savarino on that day, he said. By letter dated Nov. 19, 2021, DASNY terminated Savarino, purportedly for cause. Savarino has objected to its termination and has claimed that DASNY has breached the contract. Savarino has reserved all rights.
Good faith punch list Notwithstanding the Nov. 19, 2021 termination, Savarino and its subcontractors continued to perform in good faith the “punch-list” items on the Project until DASNY terminated Savarino’s right to do that on or about Dec. 7, 2021. This punch-list work could have been completed within a short period of time, But DASNY required that it have in place a take-over agreement with Savarino’s surety, Endurance Assurance Corp., before any work could continue. This would prove to delay completion of the work, he said.
On DASNY’s demand, Endurance agreed to complete the work on the Project. Endurance requested that the surety be permitted to hire Savarino as its contractor to complete the work. This was a permitted alternative under the performance bond, but that alternative required the owner’s consent. DASNY flatly refused, Savarino said.
Completion/Takeover Agreement Eventually, Endurance and DASNY entered into a Completion/Takeover Agreement that was executed on April 5, 2022. This allowed the completion of the Phase 3A “punch-list” work and set new dates for completion of the Phase 3B and 3C work. The surety hired Loewke–Brill Consulting Group as its representative and replacement contractor, all at great cost to Savarino, he said.
While the agreement provided Savarino with the ability to assist Loewke–Brill, he was essentially barred from the site. Savarino assisted in scheduling, continuing subcontracts with subcontractors, payment applications and other matters to progress the work. DASNY’s own actions delayed the completion of the Project, he said.
The “pause” on the Phase 3B and 3C work on April 30, 2021, for the convenience of Alfred State College, cannot be attributable to Savarino, he said, and its refusal to allow work on the Project to proceed until the Completion/Takeover Agreement was signed on April 5, 2022, further delayed the Project.
Building his case Savarino denies that it was appropriate for DASNY to terminate his work on the Project. Savarino said he believes that the termination resulted from deteriorating relationship between Alfred State College and DASNY and DASNY’s attempt to “save face” by blaming Savarino for delays in the completion of the Project.
Savarino further believes, according to his email, that, in any event, other causes contributed to the delay in completion of the Project. Savarino has engaged an expert to study the delays that he incurred that were outside of his control, and preliminary indications from that expert indicate that an extension of time in favor of Savarino for the Phase 3A work beyond DASNY’s imposed date of July 23, 2021, would be appropriate.
Moreover, the contract with DASNY provides for liquidated damages for a delay in project completion. If these are appropriate in amount and not unenforceable as a penalty, that would provide DASNY its remedy for delay in completion.
Savarino believes that, in any event, Alfred State College was not materially impacted by the delay in completion of Phase 3A. The students that would have occupied Phase 3A were housed in other facilities on campus, he said.
Filing his lawsuit On Nov. 15, 2022, Savarino filed a lawsuit against DASNY in the Supreme Court of the State of New York, with the venue in the County of Albany, to seek an adjudication of the respective claims of the parties. That lawsuit is now in the discovery stage.
It should be noted, he said, that Phase 3B of the Project achieved a temporary approval for occupancy as of Aug. 11, 2023, and is now being occupied. It is anticipated that Phase 3C will be completed by the anticipated date of Nov. 24, 2023, as set forth in the Completion/Takeover Agreement with Endurance.
Savarino claims that it has been severely impacted by DASNY’s actions on this Project. Savarino will be seeking damages from DASNY in the currently pending action, he said.
Savarino included an attachment that tallied estimated damages of $3,310,282.82 based on the increased costs and legal fees that Savarino incurred that were caused by DASNY’s actions.
The last time she was at Batavia Downs in 2021, Racine Bell set the track record of 1:51.3 for aged pacing mares after destroying her competition by eight full-lengths. On Wednesday night (August 23), the million-dollar mare returned to the Downs and won again in the $15,000 fillies and mares Open Handicap pace.
Anne Bonney N (Cory Kreiser) took an early lead while Racine Bell (Kevin Cummings) rolled three-wide at the eighth pole on her way to the front at the :27.1 quarter. After crossing over, Cummings settled Racine Bell down and backed off the middle half to a tepid :58.4 as Oaxacan Dream N (Matty Athearn) and Waitforever N (Jim Morrill Jr.) were one out and one back in the breeze. Waitforever N made a three-wide move in turn three and found herself only a length behind the leader as they made their way around the final bend. But that was as close as she'd get as Racine Bell maintained that margin all the way to the line under Cummings urging to win in 1:55.1.
It was the 33rd lifetime win in only 89 lifetime starts for Racine Bell ($3.40) and owners Chris Lawton and Dale Lawton. David Dewhurst was the winning trainer.
Besides Racine Bell, Kevin Cummings also won with Tullow N (1:57.1, $2.60), Confidence Man (1:57.1, $9.40), Louie The Lilac (1:55.1, $4.30),
and Pepin Coolie (2:01.2, $4.90) to round out his five bagger on Wednesday.
Earlier in the $13,000 fillies and mares Open II Handicap, Diamondtequilashot (Jim Morrill Jr.) sat the pocket behind American Jazz (Denny Bucerri) through quarters of :28, :57.1 and 1:26 while Bet I’m Lucky (Jim McNeight Jr.) and Mcdelicacy (Kevin Cummings) pushed the issue on the outside from the half to the top of the stretch. It was there that Diamondtequilashot found the passing lane and paced by them all to win by three-quarters of a length in 1:56.
Diamondtequilashot ($2.60) got her 49th lifetime win and third of the year for owner Rick Senger and trainer Bill Rhoades.
Jim Morrill Jr. also won with TImeless Virgin (1:58.1, $2.50), Kandy Sweet (1:58.4, $2.20), and Mildrix (1:56.2, $3.00) to complete his grand slam.
When live racing resumes at Batavia Downs on Friday (Aug. 25) at 6 p.m. there will be a $6,582 carryover in the Jackpot Hi-5 pentafecta in the 13th race.
On Saturday (Aug. 26), Batavia Downs will host the richest card of racing in 2023 when a total of $450,600 in purses will be up for grabs. The program features both colt and filly divisions of New York Sire Stake and Excelsior 3-year-old trotters with total purses of $305,100 and the $75,000 Kane Memorial Invitational Pace, which is Batavia Downs signature race.
Free full past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.
Batavia and the Genesee County Airport welcome back the Wings Over Batavia Air Show September 2-3, marking a renewal of an event that last took place in 1998. The show will feature a mix of military and civilian aircraft including the U.S. Air Force A-10 Thunderbolt II, the F-22 Raptor, and P-51 demonstration teams as well as world-class aerobatic performers Michael Goulian, Rob Holland, Matt Younkin, and more.
“This is a family-friendly event with aircraft performances that will delight the crowd,” said Air Show Director Dennis Dunbar. “And once the sun sets, the show will continue with a one-of-a-kind pyrotechnic musical featuring aircraft flying through explosions that are choreographed to music. It will be unlike anything you’ve ever seen.”
Air show gates open on Saturday and Sunday (of Labor Day weekend) at 2 p.m. Flying begins at 5 p.m. and continues through twilight hours. The show ends at 9 p.m. with choreographed fireworks and aerobatic aircraft performances.
The air show lineup will be one of the largest of any air show in 2023 across North America. The lineup will include:
U.S. Air Force A-10 Thunderbolt II Demo Team
U.S. Air Force F-22 Raptor
U.S. Air Force Heritage Flight
P-51 Mustang Demo Team “Mad Max” & “Little Witch”
Nathan Hammond
Matt Younkin – Beech 18
Michael Goulian
Ken Rieder
Rob Holland
Bill Stein
Kevin Coleman
Jim Peitz
Lee Lauderback – P-51 Mustang “Crazy Horse”
Choreographed Pyromusical Fireworks Show
Luke Aikins – Red Bull Airforce
Airythmia
The air show also presents a volunteer opportunity for civic groups, schools, sports teams, and more to raise funds for their organization. Volunteers have a backstage pass to the sights and sounds of the air show and will receive a volunteer t-shirt and food and water during their volunteer shift. Simply visit the Wings Over Batavia website www.WingsOverBatavia.com and click on the ‘Volunteer’ button to sign up.
Greenside Cannabis, in partnership with Dank, Buffalo’s first licensed adult-use dispensary, and Empire Hemp Co., is thrilled to announce the WNY Cannabis Growers Showcase.
This unique event will be hosted at Empire Hemp Co.'s retail CBD store, 204 E. Main St., in Batavia, NY, beginning on August 29, 2023, and continuing weekly from Tuesday to Saturday, 1 to 7 p.m., until December 30, 2023.
The WNY Cannabis Growers Showcase is designed as a pop-up adult-use dispensary where local OCM (Office of Cannabis Management) licensed cultivators can directly sell their high-quality cannabis products to consumers. This showcase aims to highlight the best of Western New York’s burgeoning cannabis industry, offering a curated selection of products, including flower, edibles, and vape products.
Participating Cultivators and Processors: Currently, the showcase features an impressive lineup of local cultivators, including Greenside Cannabis, Tarot Tokes, Flwr City, and House of Sacci. Additionally, Empire Hemp Co. will be offering a selection of gummies and vape carts that will be available for purchase at the event.
A Community-Centric Approach: “This showcase is more than just a place to buy cannabis—it’s a celebration of the incredible talent and innovation that exists within the Western New York cannabis community,” said Alexis Heim, CEO of Greenside Cannabis. “We are proud to partner with Dank and Empire Hemp Co. to create a space where local growers can connect directly with consumers, educate the public, and elevate the entire industry in our region.”
"We're thrilled to host the WNY Cannabis Growers Showcase," says Chris VanDusen, CEO of Empire Hemp Co. "It's not just about showcasing the best cannabis products in the region, but also about building a community, supporting local businesses, and celebrating the rich tapestry of cannabis culture in Western New York."
Event Details:
● Dates: August 29 - December 30, 2023 ● Days: Every Tuesday to Saturday ● Time: 1-7 pm ● Location: Empire Hemp Co. Retail CBD Store, 204 E. Main St., Batavia, NY
This event is for adults 21 and over. Please consume responsibly.
That seems to be the ongoing response from city and county officials in the aftermath of an announcement by CEO Samuel Savarino that his company will be ceasing operations and laying off its employees.
Savarino is the developer of Ellicott Station, the four-story apartment complex touted as an economic lifesaver for downtown Batavia and for working individuals and families in need of an affordable, quality and safe place to live.
That economic vision was blurred earlier this year when the online rental application indicated income requirements of very low to low ranges, seemingly squelching the notion that the units would indeed be for workforce individuals. The Batavian had reached out to Savarino requesting details about a lottery that awarded rentals to 55 tenants. He wasn’t privy to such information, he had said at the time.
Apparently, the Genesee County Economic Development Center had more luck. The agency had, according to its June 29 meeting minutes, “requested “blind” demographic information to ascertain 1) where the lottery winners are from and 2) what percentage of the lottery winners are gainfully employed.
“Despite numerous efforts, there has only been partial information received back from the developer. On July 13th, a demand letter was issued to provide the information requested to assess if the project meets the requirements of Workforce Housing,” the minutes state.
Savarino finally responded on July 31. After careful analysis, GCEDC determined that the developer remained “in default for performance reasons.”
“There is an insufficient number of lottery winners that meet the GCEDC definition of workforce housing, which is aligned with the industry definition as well,” the minutes state.
When reached for comment about the company closure Wednesday, Steve Hyde, CEO of the agency, said that “next steps are yet to be determined.
“To clarify, the majority of the GCEDC financial agreements for the project are termed over 30 years that start following the completion of the project. These are structured as performance-based. Additionally, the project was notified in July that it is in default of its GCEDC financial agreements and is currently in a cure period to meet the goals of a workforce housing project,” he said. “In light of the news yesterday, the project being in default to our financial agreements enables the GCEDC to have a greater role in ensuring a positive solution as we work with all parties involved. We continue to work with the City of Batavia towards this goal."
Savarino issued an emailed statement Tuesday, and added that there would be no further comment at this time. The Batavian reached out to one confirmed future tenant of Ellicott Station, who did talk to a Savarino employee. Carla Laird was featured in The Batavian after the lottery happened this past spring, and her excitement hasn’t diminished about moving into Ellicott Station, though she is concerned.
Laird was told to continue planning for her new apartment, with a move-in sometime between December and February. The Batavian emailed Rachel Good of Savarino Companies to confirm this and has not received a response.
On Tuesday, City Manager Rachael Tabelski said that the city had not been contacted by Savarino Companies before the announcement and is, therefore, "reviewing and evaluating all information as it comes forward."
"Over the past month, the City has worked with the Genesee County Economic Development Center (GCEDC) to demand Savarino Companies provide workforce housing at Ellicott Station as promised in their applications to the State and City. The City will be meeting with regional and state partners to seek assistance to move the Ellicott Station Project forward," Tabelski said Tuesday. "As more details become available, we will update the community.”
Back in February, city and county officials responded to the news that Ellicott Station was not going to be as workforce-friendly in diverging ways. City Council sent a letter to the state Home and Community Renewal agency seeking assistance to ensure that income levels could be increased to offer a better mix of rental opportunities.
Hyde focused on the longstanding and dilapidated defunct buildings at 30-50 Ellicott St., and how Ellicott Station was designed initially “and continues to contribute to helping achieve the goals of the Batavia Brownfield Opportunity Area (BOA) and the Downtown Revitalization Initiative (DRI),” he had said in February.
He pulled an excerpt from the DRI application for the Build Ellicott Station Project:
“The DRI program will be a comprehensive approach to boost Batavia’s economy by transforming the downtown into a vibrant neighborhood where the next generation will want to live, work and raise a family. A key component of the DRI program is to advance strategic private and public investments that will provide catalytic impacts to facilitate downtown revitalization.”
“I believe the Ellicott Station Project, in its current form, continues on this path by making public/private investments, revitalizing a blighted parcel which is helping to transform our downtown into a vibrant neighborhood that offers opportunities for our young adults in the community to live, work, play and raise a family in a significantly upgraded area of downtown Batavia,” Hyde said.
Savarino had said he wasn’t sure why city officials were upset, as income qualifications hadn’t changed according to his understanding.
He said that those numbers were fixed in 2019 per 50 to 60 percent of the area median income at the time. The project will have to be up and operating before it can be adjusted, he had said at the time, but that is a possibility.
“So if wages have gone up in that time, then the income restrictions will go up, and if they’re going down, the income restrictions will go down,” he said.
Tuesday's turnout for Community Night Out at City Church's St. Anthony's may have been the biggest since the church first hosted the event in 2019, according to Pastor Ryan Macdonald.
"(We're) very blessed," Macdonald said. "Packed out event. I don't think we've ever seen this many people out at his event before. I'm thankful to have all these agencies here so the community understands what is available."
Community Night Out, formerly National Night Out, was an event Batavia put on at various locations in the city every year, but it seems to have a long-term home at St. Anthony's, and a partner in City Church, that has helped it grow.
Macdonald said he's thankful for all the sponsors who support the event and the event's charity this year, Batavia PD's K-9 program.
The event is an important community outreach program for Batavia PD, said Det. Matthew Wojtaszczyk.
"The purpose of our event is to bring the community out, as you can see, to build positive relationships with the community in a relaxed setting where we're not at a 911 call or an emergency call, a stress-free environment to just build relationships within the community," Wojtaszczyk.
A house fire is reported at 18 Colorado Ave., Batavia
City Fire dispatched. Second alarm for Alexander, Town of Batavia, Elba, City home monitors.
UPDATE 2:54 a.m.: The fire seems to have been knocked down.
UPDATE 4:32 a.m.: Firefighters do not believe the house was occupied. There is as of yet no information available on cause or origin. City Fire initially received a call for the smell of smoke in the area of East Main Street and Masse Place. A firefighter said it smelled like a house was burning somewhere. Then a call reported a structure fire at 18 Colorado Avenue. The house was fully involved when City Fire arrived on scene.
UPDATE: Press release:
On Wednesday, August 23, 2023, the City of Batavia Fire Department responded to a report of smoke in the area of Masse Place and East Main in the City. As crews were searching for the source, City of Batavia Police discovered a residential structure on fire at 18 Colorado Avenue. Initial fire units arrived to find fire showing from the front of a two story, single family home. Fire crews entered the home to perform searches for any occupants and extinguish the fire. Searches for occupants were negative. The fire caused significant damage to the majority of the structure, the remaining portions suffered smoke and water damage. No one was home at the time of the fire. One cat perished in the blaze.
No injuries were reported.
The cause of the fire is currently under investigation by City of Batavia Fire Department.
The City of Batavia Fire Department was assisted by the City of Batavia Police, Codes Department, and Water Department as well as the Genesee County Emergency Dispatch Center, the Town of Batavia Fire Department, the Elba Fire Department, and Oakfield Fire Department.
As Ellicott Station, the four-story apartment complex in Batavia’s downtown Southside, remains unfinished and behind schedule of what was previously announced for a summer opening, Samuel Savarino of Savarino Companies confirmed Tuesday that the 23-year-old company “will be winding down and ceasing operations,” according to The Buffalo News.
Savarino said that the company would be laying off 30 employees after being unable to overcome significant financial losses following its dismissal from a state-funded SUNY construction project, the article states.
The Batavian called City Manager Rachael Tabelski and Samuel Savarino for comment and received an emailed response from Savarino confirming that the company will be "winding down and ceasing operations," however, it offered a thin promise for Ellicott Station's future completion.
UPDATED 4:12 p.m.: "The primary factors governing the firm’s decision are ongoing and increasing costs related to a project the company’s surety was forced to complete at Alfred State College, a recent termination of work and the company’s inability to obtain surety bonding or acceptance of alternative performance guarantees for $110 million of 2023 work which the company would otherwise have had underway at this time. Without that work, it would not be possible for the company to operate profitably," the email stated. "Savarino Properties, LLC, which is an independent company and provides property management services throughout Western New York, will not be impacted.
"Savarino Companies, LLC is actively working to achieve the best outcomes for its employees, clients and vendors. The firm is working with its clients, and in some cases, its surety to complete work on active projects and, where needed, is making arrangements with replacement contractors for upcoming work the company was slated to perform," the company stated. "The status of several initiatives and development projects that Savarino Companies was affiliated with has yet to be determined."
City Manager Rachael Tabelski said that the city had not been contacted by Savarino Companies before the announcement and is, therefore "reviewing and evaluating all information as it comes forward."
"Over the past month, the City has worked with the Genesee County Economic Development Center (GCEDC) to demand Savarino Companies provide workforce housing at Ellicott Station as promised in their applications to the State and City. The City will be meeting with regional and state partners to seek assistance to move the Ellicott Station Project forward," Tabelski said Tuesday. "As more details become available, we will update the community.”
Savarino also emailed reports of the many charitable organizations that the company has supported over the years of its existence.
Joel D. Prouty, 37, of Batavia, is charged with strangulation 2nd and assault 3rd. It’s alleged that Prouty struck the victim in the face and strangled her during a disturbance on an undisclosed date at an undisclosed location in the City of Batavia. When Police arrived on scene, Prouty allegedly jumped out of a second-story window and fled on foot. Officers were unable to locate Prouty that day. On Aug. 4, patrols were called back to the same address for another disturbance between Prouty and the same victim. When officers attempted to take him into custody, Prouty reportedly fought with them. He was additionally charged with resisting arrest and obstructing governmental administration 2nd. He was arraigned in City Court and held without bail.
Owen Charles Scouten, 22, of Batavia (no street address disclosed), is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable and prudent, moving from lane unsafely, and drinking alcohol in a motor vehicle. Scouten was reportedly involved in an accident at 1:16 a.m. on Aug. 20, on Lewiston Road, Batavia. Two people were injured in the accident and required transport to a hospital for treatment. Following an investigation, Scouten was arrested by Deputy Carlos Ortiz Speed. Additional charges are pending. Scouten was released on an appearance ticket.
Owen Charles Scouten, 22, of Church Street, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding and moving from lane unsafely. Scouten was stopped at 7:38 p.m. on Aug. 14 on Route 20 in Alexander by Deputy Alexander Hadsall. He was released on an appearance ticket.
Richard A Demmer, 30, of Batavia, was arrested on a bench warrant issued by City Court. Demmer was initially arrested on May 29, after he allegedly attempted to rob the 7-Eleven, on East Main Street A warrant was issued on July 12 after Demmer allegedly failed to appear for a court appearance. He was arrested on that warrant on July 13. Another warrant was issued on July 27 after he again allegedly failed to appear in court. Demmer was located by Batavia Police on Aug. 3 and arrested. He was arraigned in City Court and remanded to the Genesee County Jail on $10,000 cash bail, $20,000 bond, or $40,000 partially secured bond.
Crystal A. Mounts, 46, of Batavia, was arrested on a bench warrant issued by City Court. Mounts was initially arrested on April 9, 2022 after allegedly stealing property from a local church. A warrant was issued on April 29, 2022 after she allegedly failed to appear in court. She was arrested on that warrant on May 14, 2022. Another warrant was issued on Sept. 19 after she again failed to appear in court. She was arrested on that warrant on July 29. She was arraigned and released.
Lance D. Beals, 53, of Batavia, is charged with criminal mischief 4th and criminal tampering 3rd. Beals was arrested after an investigation into an incident on East Main Street where he allegedly damaged to an apartment building. He was issued an appearance ticket.
Kavyia A. Spencer, 24, of Batavia, is charged with petit larceny. Spencer was arrested after an investigation into an employee theft from Kwik Fill on Jackson Street, Batavia. It’s alleged that she stole merchandise from the store on two separate occasions. She was issued an appearance ticket.
Patricia M. Anderson, 38, of Batavia, was arrested on on Aug. 9 on an arrest warrant issued by City Court. Anderson was initially arrested on April 9 after allegedly stealing merchandise from 7-Eleven on East Main Street in Batavia. A warrant was issued after Anderson allegedly failed to appear in court. Anderson was arraigned in City Court and released on her own recognizance.
Edmund J. Sobresky, 54, of Batavia, is charged with DWAI Drugs. Sobresky’s arrest is the result of a traffic stop on April 11. He was charged on Aug. 8 following an investigation. He was issued an appearance ticket.
Patricia A. McCarthy, 29, of Batavia, is charged with harassment 2nd and public lewdness. McCarthy was arrested after patrols responded to Dellinger Avenue, Batavia, on Aug. 6 for a report of two people fighting. It’s alleged that McCarthy engaged in a fight with another person. During the fight, McCarthy became disrobed. She was issued an appearance ticket.
Jason Howard Heerdt, 27, of Hilltop Drive Elma, Ryan Thomas Budziszewski, 32, of Northseine Drive, Cheektowaga, and Carlie Marie Budziszewski, 25, of Northseine Drive, Cheektowaga, are charged with unauthorized use of a vehicle. Heerdt is accused of taking a golf cart at Darien Lake Theme Park without permission on Aug. 6 at 9:25 p.m.. They were issued appearance tickets.
Joseph David Johnson, 53, of State Street, Mumford, is charged with robbery 3rd and harassment 2nd. Johnson is accused of using force to steal property from an elderly victim while inside Batavia Downs Casino at 1:26 on Aug. 10. He was held pending arraignment.
Christopher James Parker, 34, of Batavia Elba Townline Road, Batavia, is charged with criminal contempt 2nd. Parker is accused of violating an order of protection at 10:37 a.m. on Aug. 11. He was held pending arraignment.
Steven Albert Barraco, 53, of Edgewood Drive, Batavia, is charged with harassment 2nd. Barraco is accused of shoving another person by the throat during an altercation on Aug. 10 at 5:31 p.m. at a location on Edgewood Drive. He was held pending arraignment.
Brian Michael Tracy, 35, of Horseshoe Lake Road, Stafford, is charged with two counts of endangering the welfare of a child, criminal contempt 2nd, criminal mischief 4th, and harassment 2nd. Tracy is accused of getting out of a car and striking another person in front of two children on Aug. 11 at 4:10 p.m. at a location on Horseshoe Lake Road. He was processed at the Genesee County Jail and held pending arraignment.
Jason Michael Babbitt, 49, of Perry Road, Pavilion, is charged with 46 counts of aggravated harassment 2nd. Babbitt is accused of calling the Emergency Dispatch Center 46 times, including calls after he was instructed to stop. According to the Sheriff's Office, his calls were not placed to request the services of police, fire, or EMS. He was issued an appearance ticket.
Jose Efrain Velz-Torres, 42, of Sobieski Street, Rochester, is charged with criminal possession of a controlled substance 7th, speeding, aggravated unlicensed operation, operating a vehicle with improper plates, and driving without insurance. Velz-Torres was stopped at 1:19 a.m. on Aug. 14 on Clinton Street Road, Bergen, by Deputy Ryan Mullen. He was issued an appearance ticket.
Mark Louis Frongetta, 53, of Park Road, Batavia, is charged with disorderly conduct. At 6:14 p.m. on Aug. 14, Deputies responded to the Best Western Inn Suites on Park Road after receiving a report of a disturbance. Frongetta is accused of standing in the lobby yelling obscenities and of throwing the hotel's phone. Frongetta was held pending arraignment.
Dennis Edward Biggins, 48, of Franklin Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and driving too slow (impeding traffic). Biggins was stopped at 4:15 p.m. on Aug. 14 on Route 237 in Stafford by Deputy Nicholas Chamoun. He was issued an appearance ticket.
Lorriance Marie Nelson, 61, of Hillcrest Street, Newfane, is charged with driving while impaired by drugs, speed not reasonable and prudent, and moving from lane unsafely. Nelson was reportedly involved in an accident at 12:51 a.m. on May 25 on Ellicott Street. She was arrested on Aug. 18 following an investigation by Deputy Mason Schultz. She was issued an appearance ticket.
Joseph Albert Boisclair, 58, of Knowlesville Road, Oakfield, is charged with DWI, speeding, driving left of pavement markings, and failure to keep right. Boisclair was stopped at 1:35 a.m. on Aug. 19 on Lewiston Road, Batavia by Sgt. Mathew Clor. He was issued an appearance ticket.
Angel Eliseo Colon, 41, of Grant Street, North Tonawanda, is charged with harassment 2nd. Colon is accused of spitting on another person while at the Genesee County Jail at 7:02 p.m. on Aug. 16. He was issued an appearance ticket.
Akeem Rashaad Gibson, 33, of West Main Street Road, Batavia, is charged with reckless endangerment and unlawful fleeing a police officer 3rd. Gibson is accused of fleeing from a deputy in the Town of Byron at 3:31 p.m. on July 30. He was arrested on the charge on Aug. 15. He was held pending arraignment.
Joseph Jerome Kostanciak, 33, of Genesee Street, Pembroke, and Shannon Leah Smith, 46, of Genesee Street, Pembroke, are charged with two counts of endangering the welfare of a child. Kostanciak and Smith are accused of possession of drug paraphernalia at 5:30 p.m. on Aug. 18 at a location on Genesee Street, Pembroke, including an uncapped needle that was accessible to children who are under the age of 17. Both were held pending arraignment.
John Joseph Wojtkowiak, 56, of Attica Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, and drinking in a motor vehicle. Wojtkowiak was reportedly involved in an accident at 6:44 a.m. on Aug. 1 at the Totempole Gas and Smoke Shop on Ledge Road, Basom. He was arrested following an investigation by Deputy Kevin McCarthy. He was released on an appearance ticket.
There were some sharp elbows involved, says Bill McDonald, and Bill Pitcher's brother didn't expect the partnership to last when the two "Wild Bills" of the local music scene came together in Batavia 30 years ago to form the band that became the Ghost Riders.
But the partnership has thrived, producing some great music and some great memories for all involved as the Ghost Riders prepare for their 30th Anniversary celebration show at Batavia County Club at 3 p.m. on Sunday, Aug. 27.
By the time 1993 rolled around, both McDonald and Pitcher were veterans of the local music scene, with McDonald even venturing well beyond Genesee County's borders to pursue a musical career.
When he returned home, it was with the intent to take care of his family in their new home in Darien. Then a friend suggested he needed to start a country band.
He found a guitarist, and they started inviting in established musicians they knew who would fit into the hardcore country style they were after.
After a few rehearsals, they lined up a first gig and then the bass player had to hightail it to Florida because of some legal issues to resolve there, and then the lead guitarist quit to join an established gigging band in Buffalo.
At the same time, Pitcher's band Bullseye was running its course. The pedal steel player decided it was time to retire, and another member moved to Buffalo and another to Florida.
"So my band was dissolving right at the time that Bill needed a bass player and guitar player, so we kind of morphed into a good group of guys," Pitcher said. "We had all the elements we liked."
But still, no name for the band and gigs already lined up, including gigs originally booked for Bullseye.
Also, part of that original lineup was Jimmy Duval on pedal steel (Duval has played with McDonald for 40 years), Larry Merritt, and Jimmy Symonds.
The first gig was a long-gone tavern, Confetti's, located on property now occupied by City Centre.
"We played on a Saturday night, and it went over great," McDonald said.
"We’re hardcore country, country with a twang, with steel guitar and lead guitar, and we sang harmonies," Pitcher said.
McDonald said they drew on influences such as Merle Haggard.
"We wanted to keep real country alive," he said.
It was a few gigs into the band's career before they came up with a name.
One evening, the band was booked at the South Byron Fire Hall, and they decided to hold a band name contest. They invited fans to write new suggested names on a card. Then the band reviewed about 20 submissions and narrowed down the field to three "we could live with," McDonald said.
They read the names off to the crowd, and Ghost Riders, taken from the name of a song they played, and suggested by Fred Ferrell, was the overwhelming favorite.
"It may not be the most unique name, but it stuck," McDonald said.
In those early months, the Ghost Riders were a cover band even though McDonald was an established songwriter. The original songs would come later.
"It just was so hard to put all that together in a short period of time," McDonald said. "Everybody knew all the other songs (the covers), so it just made it easier. We learned (the originals) as we went into the studio to record an album. Then we practiced all of the original songs that we had. That's when we did our rehearsing, right in the studio. Yeah, that was pretty cool."
The Ghost Riders, in their career, have released five studio albums. None, of course, were big sellers, but they kept the fans happy, and there were always plenty of fans.
Pitcher remembers that on the first CD, the band included Ghost Riders in the Sky. They had to pay royalties -- eight cents for each CD sold. He ended up sending a check for about $3 to the publishing company in New York.
The band has also released another four live CDs, mostly compiled by Pitcher. There is a collection of songs recorded over a three-year period at the Stafford Carnival. There is another set recorded at a venue in Buffalo through the sound system onto a cassette that Pitcher said has just amazing fidelity considering the available technology.
Rarely, over the past 30 years, has the band traveled much beyond Western New York, but there have been gigs in Pennsylvania and Virginia.
"We never got a national booking agency involved with the band," McDonald said. "We had some chances to do it, but we booked our own stuff. We were getting up there. As I said, I was 30 when we started the band. He was 40. So we weren't a couple of youngsters."
McDonald had had his time on the road. As the frontman of Slim Chicken and the Midnight Pickers, McDonald toured throughout New York before moving the band to Texas (with a year at the end in California).
He even had his shot at a major record deal. One snowy winter night, his band was booked into the Cafe Espresso in Woodstock. That was a place favored by Bob Dylan and The Band at one time. The place was dead because of the winter storm. There was one customer, a man sitting by himself shuffling papers and just not leaving.
"I kept saying to the guys, why won't they close the place up and let's get the hell out of here?" McDonald said. "The owner said. 'We've still got a customer.' And he sat there all night. At the end of the night, after we played our last song, he came up to me and he told me, 'What are you guys doing tomorrow morning? Busy? I ask him who he is, and he says, 'I'm Harley Lewis. I'm from RCA Records in New York City."
He was an A&R man, and he wanted Slim Chicken and the Midnight Pickers in the studio in NYC the next morning to cut a three-song demo.
The band was in the studio and cut the demo, but the deal didn't come through.
McDonald said RCA decided to sign Pure Prairie League instead.
McDonald started his musical journey in Batavia with some friends and the band T&T and the Explosions, followed by Lookout Bridge and then Beethoven's Dream Group.
Pitcher’s musical journey began when he was five years old. His dad was a guitar and harmonica player who attached his harmonica to his guitar, not on a rack around his neck like Bob Dylan would popularize. As Pitcher and his brother, known locally as Uncle Rog, were growing up, their dad mostly played house parties, maybe six or 10 couples at the parties, maybe two or three times a week. He was a school teacher who drove truck in the summer.
When the Pitcher boys -- from Pavilion -- got older and had a band of their own, Dad would sometimes sit in.
"He never took a nickel for playing ever because he loved to play."
Then they formed a family band, Family Plus One. That band included another Pavilion boy, Charlie Hettrick, and Pitcher's mom, who bought her own Git Fiddle, which was a wire connected to a stick and a bell on top. She would hit the floor on the downbeat and pluck the string. Uncle Rog played drums.
By then, Pitcher was playing a little melody on guitar, which would give his dad a break on harmonica.
Most of the time, they played in Fulton County, where both of Pitcher's parents had extended family.
They would go into a bar and ask the bartender if they could play a bit.
"We had a good time in the bar," Pitcher said. "You know, in a half hour, 45 minutes, people would gravitate in. Somebody would make a couple of calls or something, and we would end up playing for two or three hours."
Before Bullseye, Pitcher was the leader of The American Countree Four. He was known as Wild Bill.
And McDonald, in Slim Chicken, was Wild Bill.
For years, fans would get them confused, both McDonald and Pitcher said.
"People would start talking to me, and I would figure it out -- 'oh, they mean a gig that Bill played,' and I'd tell him, and then he'd go, Yeah, somebody talked to me at a wedding reception, he thought that he was me," Pitcher said.
That's one reason Pitcher's brother didn't think these two guys used to leading their own bands would be able to put away the sharp elbows long enough to make music.
The first compromise was Pitcher, a few months older than McDonald, became "Mild Bill" while McDonald remained "Wild Bill."
Over 30 years, the Ghost Riders have played a lot of gigs. Most of them paid. There was a time when a good local gigging band could make a living in the warmer months playing lawn fetes and carnivals and picnics and parties. Every community had at least one annual event back then that needed live music.
Now it's much harder to find enough gigs, McDonald said. The band has also started other projects. McDonald and his wife Kay (who is also now a member of the Ghost Riders), for example, also tour as The Old Hippies. Pitcher has a few side projects, including a bluegrass musicians collective in Pavilion. Still, the Ghost Riders have some of the same gigs they play every year and have for 20 years.
One thing they've always done is play for free in support of good causes.
"We did a lot of civic stuff," McDonald said. "We thought when we started, we wanted to do what we could for the community for no money. You know, just do whatever we could do."
All along, the Ghost Riders have been all about the love of the music, both musicians said. That's the real secret to keeping the band going for 30 years.
"We just, we'd enjoy it," McDonald said. "We love playing music. And this is what gave us the opportunity."
Pitcher added, "My answer to why we're playing is because that's what we do. We love it. It's part of us. It comes from the heart."
All photos courtesy of the Ghost Riders.
The Ghost Riders Play at Batavia Country Club on Aug. 27 from 3 to 6 p.m. The current Ghost Rider members are: Gene "Sandy" Watson, Bill McDonald, Kay McDonald, Bill PItcher, and Nino Speranza.
Batavia Downs was the fourth different track that the recently landed Australian import Mirragon A has competed over since starting his North American career in June, but it didn’t dissuade this Aussie from winning the $15,000 Open I Handicap pace on Saturday night (August 19).
Despite being assigned the outside in the field of six, Jim Morrill Jr. wasted no time pushing Mirragon A off the gate and to the lead, a position he controlled at the :27.2 quarter. With the field in single file, Mirragon A took the group to the half in :56.3 and three-quarters in 1:24.2 without any challenges to that point. But trouble was coming and his name was The Longest Yard (Kevin Cummings), who had pulled from fifth at the five-eighths and was making up ground very quickly heading into the final turn. As they entered the stretch, Mirragon A was in control by 1-¼ lengths and The Longest Yard was still over three lengths behind, but he persevered and kept closing the gap as the wire drew near. Not giving into the pressure, Mirragon A maintained his lead while holding off The Longest Yard and a late-charging Stranger Things (Shawn McDonough) to win by one-quarter length in 1:53.
It was the fourth win in only seven North American starts for Mirragon A ($13.00) who is owned by his trainer Mike Deters, in partnership with Joel Warner and John Manning.
Morrill ended the night with a driving grand slam after also winning with Rock N Blue (1:55.3, $2.30), Reggiano (1:56.3, $4.20), and Just A Wrangler (1:57, $3.20).
The $13,000 Open II pace provided the biggest upset of the day when the overlooked Sporty Deal took full advantage of a class drop to score his sixth win of the year and reward his backers with a premium payout.
Sporty Deal (Keith Kash Jr.) was almost 10 lengths off at the quarter while Passe-Grille Beach (Ray Fisher Jr.) skated unabated through quarters of :27.1, :55.3, and 1:24.4. It was at that last station where Kash tipped Sporty Deal three-wide from sixth, circled the field and took the lead just as they hit the turn. Kash high-lined Sporty Deal and tried to put some real estate between themselves and the competition and it worked. Sporty Deal hit the stretch and paced away to a convincing 1:54.1 victory, which was a new seasonal mark.
L’Emmur Stable owns Sporty Deal ($43.20) who is trained by his driver, Kash.
Kash had a training/driving double as he also won with Starsnstripes GB (1:55.4, $7.10).
When live racing resumes at Batavia Downs on Wednesday (August 23) at 6 p.m. there will be a $5,601 carryover in the Jackpot Hi-5 pentafecta in the 13th race.
Free full past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.
If you were tooling around Batavia late Saturday and noticed a lot of classic cars passing through town, they were apparently here for a classic car rally in the parking lot of Tompkins Bank of Castile on East Main Street.