batavia

The 63rd Annual St. Joe's Lawn Fete kicked off Friday.

Friday evening St. Joe's Alumni Bugal Corps started the evening by playing a show outside Crossroads House and then played on the carnival grounds.

After their performance, the band Inside Out got things rockin' in the beer tent.

The fun continues today from noon to 11 p.m., with the annual parade at 6:30 p.m. Tomorrow, the fete runs from noon to 6 p.m.

I'll be in Jamestown today to cover Notre Dame in the regional championship baseball game this afternoon. Julia Ferrini will cover the parade for us.  

To purchase prints, click here.

City Council President Brooks Hawley will be holding six City Hall meetings, one for each ward. The meetings will be entitled “Coffee with the City Council President” and will be held at City Hall in the Community Room.

These meetings will be used as a direct connection to the president to have a forum with residents to collect thoughts, concerns, ideas or interests from city residents. The meetings will be held from 10 a.m. – noon on the following days:.

Ward 1         Saturday, June 14^th

Ward 2         Saturday, June 21^st

Ward 3         Saturday, July 19^th

Ward 4         Saturday, Aug. 2^nd

Ward 5         Saturday, Aug. 9^th

Ward 6         Saturday, Aug. 23^rd

“I hope and encourage Batavia city residents to come meet with me personally at these times and dates. I look forward to the dialogue and opportunity to sit and talk with constituents about our community,” said Brooks Hawley, City Council president.

If there are any questions, please contact:

City of Batavia City

Council President

One Batavia City Centre Batavia, New York 14020

Phone: (585) 409-9895

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved a final resolution for applications for assistance from 9 Apollo Drive, Inc., and an initial resolution to set a public hearing for United States Gypsum Co. at the June 5, 2014, board meeting. 

United States Gypsum Company Co. is planning to upgrade its paper mill at 2750 Maple Ave. in Oakfield, NY.  The project will include replacing and relocating equipment, stock cleaning and enhanced manila production to improve the safety, quality and efficiency of the facility.

The upgrades will consist of three phases and are expected to commence in 2016. The projected capital investment is approximately $23 million. The investment will retain 98 manufacturing jobs and create 12 new production jobs.

9 Apollo Drive, Inc., is a business that manufactures doors and windows. The company plans to purchase the building located at 2 Apollo Drive in the City of Batavia to accommodate its growth and expansion. 9 Apollo Drive, Inc., will make a capital investment of approximately $750,000.

In 2002, the company was granted a payment in lieu of taxes (PILOT) for the building located at 9 Apollo Drive, Inc., by the GCEDC and pledged to create eight new jobs. According to PARIS reporting submitted to the GCEDC in 2013, the company has created 29 jobs at this location.

“It is very encouraging to see existing businesses in our region invest resources to improve production and operations and, just as important, retain existing jobs and create new jobs,” said Wallace Hinchey, GCEDC board chairman.

A tractor and a forklift have reportedly collided at Empire Tractor on East Main Street Road, Batavia.

An employee may have suffered a broken leg.

Batavia fire and Mercy EMS responding.

Batavia High School track star Alex Egeli stopped in to see his chiropractor, Tom Mazurkiewicz, today before heading off to the state championships in Syracuse.

Egeli is ranked the number one runner in the state in the 400 meter hurdles and 110 meter hurdles. He's the first BHS track team member to qualify in four state events (those two, plus 100-yard dash and he's a member of one of the relay teams).

Mazurkiewicz will be at the state championship as well, working as a chiropractor.

Chiropractic care is being increasingly recognized as important by athletes, Mazurkiewicz said, because joint restriction and muscle imbalance can impede performance and increase the chance of injury. It's become a part of the training routine for NFL and Olympic athletes, he said.

Egeli will attend Freedonia next year and then maybe move up to a Division I university.

Many carnival rides are in place and workers are busy making other preparations for the annual St. Joe's Lawn Fete this weekend in Batavia.

Two men from New Jersey stopped in Batavia today to gather signatures from people who agree with their "Impeach Obama" message. They were also gathering signatures on a petition to reinstate the Glass-Steagall Act.

Art Murphy and Chris Sare, from Bogota, N.J., said their goal is to visit every congressional district. They've been to Florida, Texas, California, among other places.

There were set up on West Main Street near the eastern entrance to the Tops parking lot.

The funding for their travels comes primarily from the LaRouche PAC.

Quite a few people stopped to sign the petitions.

They also got a visit from Batavia PD and the city's code enforcement officer.

City code prohibits any kind of sign in parkways. If it's planted in the ground, no matter what the message, it's illegal under city code.

Police responded to a citizen complaint about the signs.

When Code Enforcement Officer Ron Panek arrived, he showed them the section of code they were allegedly violating.

Murphy asked how to contact the city attorney. He said there are court cases that give them the right on public property to conduct political protests. He said they would follow up, but said they would obey the orders of the police.

Once the signs were down, the Sgt. Dan Coffey and Panek left, leaving Murphy and Sare to carry signs up and down the sidewalk if they wished. As they left, even more people were stopping to sign petitions.

Jordan Ray Smart, 22, of 6 Gibson St., Oakfield, is charged with driving while ability impaired by drugs. Smart was reportedly involved in a three-car accident on Main Street in Le Roy on Wednesday. Smart's car reportedly hit a parked car, which was pushed into another parked car. There were no injuries reported. Smart was arraigned and released under supervision of Genesee Justice.

Johnathon Bryce White, 21, of Reed Road, Churchville, is charged with criminal contempt. White allegedly violated an order of protection by riding in a vehicle with the protected party.

Kenneth Scott Lathrop, 27, of Tower Avenue, Syracuse, was arrested on a warrant for alleged failure to fine out of Town of Oakfield Court. The fine was related to a DWI charge. Lathrop was jailed on $500 bail.

Dwayne Andrew Pearsall, 23, of Washington Avenue, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Pearsall is accused of being in a domestic dispute that took place in front of his daughter. Pearsall was jailed on $2,000 bail.

Press release:

The Genesee County Economic Development Center (GCEDC) will jointly host a Batavia Developers Tour with NAIOP (the Commercial Real Estate Development Association) on Wednesday, June 11, from 9 a.m.to 1 p.m.

The event will provide interested business owners and investors the opportunity to tour renovated sites and commercial spaces in the City of Batavia, as well as learn about the various economic development incentives that are available through the GCEDC.

The event will highlight several of Batavia’s development sites and will include a tour of the Genesee Valley Agri-Business Park and other shovel-ready parks and Downtown sites. The tour also will include visits to Batavia’s opportunity area sites, including City Centre, Della Penna Site, Creek Park Site and the Harvester Center Complex.  

Speakers will include City of Batavia Manager Jason Molino, Batavia Improvement District Director Don Burkel, Batavia Development Corp. Director Julie Pacatte and GCEDC President and CEO Steve Hyde.

“This is a great way for us to showcase shovel ready sites and locations in the City of Batavia to the development community,” Hyde said. “Through this event, we also hope to educate developers about the business growth potential that exists here and how the various incentive programs through our agency can enhance economic development opportunities in Batavia.”

The tour will end with lunch at the Center Street Smoke House in Batavia. To register, please contact Karen McCready at NAIOP Upstate New York at 585-249-9232 or at naiopupstateny@gamial.com.

Ralph E. Stevenson, 60, of Clinton Street, Bergen, is charged with confinement of companion animal in vehicle. Stevenson allegedly confined three small dogs to the interior of his car in 81- degree weather at Walmart. The internal temperature of the vehicle at 11:34 a.m., Monday, was 122 degrees on the dashboard and 116 degrees on the seats, based on measurements by a laser thermometer.

Kenneth L. Powell, 58, of Telephone Road, Le Roy, is charged with menacing, 2nd, and harassment, 2nd. Powell allegedly threatened a person with a knife and hit that person in the face with his fist. The alleged incident was reported April 30 on Ellicott Street.

Crystal J. Hough, 31, of Ellicott Street, Batavia, is charged with aggravated unlicensed operation, 3rd. Hough was arrested on a City Court bench warrant.

Shaqueita Lashaun Irvin, 22, of Hutchins Street, Batavia, was arrest on a bench warrant related to a petit larceny charge. The warrant was issued in Village of Corfu Court. Irvin was jailed on $5,000 bail. Irvin was also arrested on a warrant out of Town of Batavia Court for alleged trespass.

A 16-year-old resident of Indian Falls Road, Corfu, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. The youth allegedly possessed brass knuckles and marijuana.

Bryan David Dinelli, 41, of Churchill Street, Akron, is charged with aggravated harassment. Dinelli is accused of making unwanted phone calls for no legitimate purpose to another person.

A man called dispatch to complain that his neighbor on Pearl Street "has his dog and won't give it back." Police are responding.

Press release:

The Batavia Concert Band’s 90th season of music-making will run this year with free public concerts in Batavia’s Centennial Park on July 2, 9, 16, 23 and 30, as well as the ever-popular July 4th Picnic in the Park sponsored by GO-ART!

The Batavia Concert Band’s repertoire is wide-ranging in origin, period and style: marches, Big Band and swing numbers; popular songs from musicals and movies; rock favorites arranged for band; classical adaptations; fun songs for kids of all ages, and everything in between.

The Band consists of about 50 brass, woodwind and percussion players ranging from talented local high school students to 60-year veterans. Many have professional experience; the rest are advanced amateur musicians. All love to play.

This year’s conductor will be Mr. John Bailey, instrumental music director at Lyndonville Central School. The July 4th Picnic in the Park concert will be conducted by Mr. John Kresse.

Founded in the early 1920s, the Batavia Concert Band has brought musical pleasure to the region every year except during World War II. The Band currently enjoys financial support from the NY State Council on the Arts via GO-ART!, concert sponsors, program advertisers, and individual patrons. The City of Batavia supplies chairs for musicians. The Band also sponsors 50-50 raffles at every concert, bake sales and other low-key fundraisers. Individuals interesting in supporting the Band should contact a Board member at any concert.

Downbeat for regular season concerts is 7 p.m. Wednesday evenings in Centennial Park, Batavia. (* In the event of rain, concerts will move to Genesee Community College. Notices will be posted at the NW corner of Centennial Park and announced on WBTA radio AM1490, posted on  <http://www.thebatavian.com>, and the Batavia Daily News Web site, <http://www.thedailynewsonline.com>.

All concerts are free to the public of all ages. Light refreshments are available. Bring the family, some friends, lawn chairs or a blanket -- and enjoy!

Be sure to also take advantage of our chicken barbeque in Centennial Park, at the July 30 concert.

For more information on the Band, how to sponsor, etc. see http://bataviaconcertband.net. We’re also on Facebook!

Info contact: Bob Knipe, bobknipe@hotmail.com, 585 343 5991

A two-car accident is reported at Route 33 and Wortendyke Road. A caller at the scene reports no injuries. It is blocking traffic. Town of Batavia Fire Department is responding along with Mercy medics for evaluation.

UPDATE 4:55 p.m.: Now one person is said to have a minor injury.

UPDATE 5:25 p.m.: A patient is being transported to UMMC.

Press release from Batavia City Schools:

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

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

The facts of this situation speak for themselves:

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

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

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

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

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

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

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

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

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

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

Press release from GCEDC:

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

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

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

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

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

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

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

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

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

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

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

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

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

Friedman declined to answer a question along those lines.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tasker talking with the media.

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

Berman talks with the media.

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

Tasker teeing off to start the tournament.

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