batavia

A three-vehicle accident, unknown injuries, is reported at West Main Street and Wortendyke Road, Batavia.

East Pembroke fire and Mercy EMS responding.

A deputy just arriving on scene reports a large debris field.

UPDATE (By Billie) 11:42 a.m.: This accident involved a car and a pickup truck. The third vehicle referred to initially was that of a witness to the accident. An older female driver was making a left onto Wortendyke from West Main Street Road and said she did not see the oncoming pickup truck. She was shaken up by the collision and being evaluated by medics at the scene. The pickup driver was not injured. The East Pembroke assignment is back in service.

There isn't much to change in Batavia PD policy, members of Batavia Police Stakeholders Group indicated at their bimonthly meeting on Thursday but that doesn't mean there shouldn't be a change in the relationship between the department and the community.

There should be more communication, less misunderstanding, and more personal interaction between police officers and members of the Black community so that both police officers and members of the community see each other as people and not just numbers and uniforms.

The stakeholder's group was formed in response to an executive order signed by Gov. Andrew Cuomo instructing every municipality with a police department to open a community dialogue about police policies, procedures and practices in an effort to reduce the incidences of police brutality.

There seems to be unanimous agreement on the committee that police brutality isn't an issue in Batavia. Chief Shawn Heubusch was praised for his presentation of the previous meetings outlining police department policies and procedures that already address proper police officer conduct.

No votes were taken, nothing committed being part of the final report that will go to the governor's office after being approved by the City Council, but there was an apparent agreement that some sort of ongoing focus group that would bring to light the concerns of Black residents about police conduct would be formed.

Committee member Anibal Soler Jr., superintendent of Batavia City Schools, said such a focus, however, needs to be constructed in a way that members of the Black community would feel safe to discuss issues. A police presence in the group might chill speech, he indicated.

Nathan Varland, Batavia Housing Authority director, referenced comments made earlier by Brandon Armstrong, a local business owner, and said perhaps a list of such concerns should be made so they can be addressed. He suggested the wider Black community be surveyed to gather other examples.

What Armstrong discussed was the perception -- if not the practice -- of Black residents being pulled over for minor traffic law infractions.

"We have to look at what's happening to people of color here in Batavia," Armstrong said. "It's not on the surface. There are just things that are used against us. There is a certain law, I think it's obstruction of view, if having something hanging from your rearview mirror. I've been pulled over for that for a Glade air freshener. It is illegal, but are they pulling over every single person who has a handicapped or air freshener thing on their rearview mirror? See, those things are used to target people of color to pull them over, to see what they have going on."

He said he's hearing from people visiting his barbershop that the latest tactic is people not using their signal within 50 feet of making a turn.

"People aren't looking at those but I know because I can ride down the street and within two minutes I can see about four people with something hanging from their rearview mirrors and they're not being pulled over," Armstrong said. "You see what I'm saying?"

In response to comments made early in the discussion by Raelene Christian about police being vilified and attacked, Greg Munroe said people misunderstand the concerns Black citizens have about the police.

"We have to stay on task," Munroe said. "Defunding the police does not mean we're not going to have a police department. It doesn't mean that at all. It's just defunding is a scary word. I understand but it's not. What it means is very simple. There are mental health issues that primarily happen in the Black community. Black people are targeted. It seems like they are targeted because they seem not to be understood. If the defunding, or whatever word you want to use, take that and help the police get more resources on how to deal with different situations, so things like what happens in the country do not happen."

There is a lot of misunderstanding, Victor Thomas said, about what Black concerns are about police.

"I just wanted to touch on what Greg was saying about Blacks being misunderstood," Thomas said. "I think that's a big part of it. The police brutality in Batavia doesn't happen as much as the Black people being misunderstood in Batavia."

Matt Wojtaszczyk, a detective with Batavia PD but on the committee representing the Batavia Police Benevolent Association, told members police officers want to know how to do their jobs better and connect better with community members.

"Whenever someone asks us to do an event, we really try to make an effort to do so," Wojtaszczyk said. "What else can we do? What are some other ideas out there? What else can we do to reach our minority communities? What can we do better? Tell us, because I think we really want to. We truly do."

Thomas's answer was: Get to know people.

"It's really a personal thing that has to happen between the Blacks and the police officers," Thomas said. "The police have to show these Blacks that they're not just a number in Batavia. They're not just a sentence getting ready to get slapped down on a judge's desk and sent up the road for years. The Black community feels that way deeply in Batavia."

It's that kind of distrust, Soler noted, that would make a focus group that included police officers potentially less productive. However, he said, both Blacks and police officers, as well as community members, need to work on themselves as well, educate themselves about each other. He suggested a number of documentaries and books both sides could watch or read.

Both Munroe and Soler noted it was kind of eye-opening to hear Heubusch talk at the first meeting about the arrest process and the fact that when a police officer tells someone they're under arrest, the conversation is over. It's time to comply with the officer's orders.

Munroe said he's had the same conversation with members of the Black community since that meeting and they all the same response he had, that they didn't know that.

"One thing that I learned from the chief was, man, once a police officer tells you those things, game over, you have to comply," Soler said. "Once you're told you are being put under arrest, that's it. Our community doesn't understand it. That's work we've got to do in our community of color. Once the police officer's -- 'I'm now placing you under arrest. You can't go. 'Now, wait a minute. Let's talk about it.' It's already too late. To Raelene's point, then you've got to go to court and go through through the process.

"We don't get taught that. We're taught, you know, 'I'm going to fight. I'm going to keep fighting until I can get my say. Then it becomes that we've put our officers sometimes in these really tough positions. But I just want to make sure that our police officers are really checking their own implicit bias in terms of trying to keep themselves educated, trying to understand some of these stories and narratives."

The topic of implicit bias came up several times during the evening's discussion.

The open dialogue started with Christian raising the issue of police being attacked in recent years. 

"I'm also concerned with minorities and how they're treated as well," Christian said. "I'm also concerned about how everyone is treated as a whole. But who I'm really concerned with a lot of times as our police officers, they're being vilified. They're being shot execution-style. 

In a long opening remark, she added, "The mainstream media doesn't tell you about all the unarmed white men that are shot. It happens. And I'm not saying it's right. And what happened to George Floyd, let me just be clear, was egregious. It was disgusting and despicable. And our police officers, most of them, I would say 99 percent of them agree with what happened to George Floyd was despicable and a disgrace. And Derek Chauvin, the police officer, did that, killed him. And I know he killed him because he did. He deserves to spend the rest of his life in jail and prison period. But I also feel like our police, they're being vilified and our police are being brutalized. Molotov cocktails are being thrown at them. They're being shot at. They're being shot execution-style, and there's no provocation for that. "

Later she added, "There's a broader picture here that, you know, yes, we can address police brutality. Does it happen? Yes. And is it going to continue to happen? Yes."

Her remarks elicited a calm response from several other committee members, among the more pointed from Director of Mental Health Service Lynda Battaglia, "I want to say to that -- this is the entire point of this meeting. It is the entire point of the executive order to end police brutality, so to say. Will it continue? Yes. Is unacceptable. It has to stop."

Munroe said, "This group was put together because of police brutality, period."

After addressing Christian directly, Soler said, "The reality is an implicit bias that many people who don't have a choice of how they look every morning when they wake up (deal with). I think Victor made a good point. Police choose to wear a blue uniform that, you know, historically has been designed to keep order and guidance in a community. Black people just wake up. Unfortunately, their communities are often the most targeted for patrols, for a variety of things to do, commingle with socioeconomic status. And so some of the comments that were made show your implicit bias. You don't really realize it."

W/hen next she had a chance to speak, Christian told Soler she wasn't biased and she took exception to being judged.

Soler apologized.

"I just want to be real quick and apologize again," Soler said. "If you think I was passing judgment, I was just more commenting on the overall feedback that was provided. So I apologize if you think I made a judgment. You're right, I don't know you. I was just trying to comment on this. I want to make sure we're clear that I'm not judging you at all. I just wanted to point out implicit bias is not something you necessarily know you have. That's why it's implicit."

Press release:

The City of Batavia and the Batavia Police Department (BPD) are extending an online survey that is asking city residents to assist in formulating the department’s response to Governor Andrew Cuomo’s Executive Order 203, which requires police departments across New York State to submit reform plans to the state by April 1.

The online survey can be accessed here. The survey takes about five minutes to complete.

“We have approximately 500 completed surveys which is a good start, but we really want to double that number and in particular, we need more responses from our Black and minority residents and those in economically distressed neighborhoods, where there tends to be more engagement with the police,” said interim Batavia City Manager Rachael Tabelski.

“The Governor’s Executive Order is very specific in that our plan needs input from residents in neighborhoods where engagement with the police occurs is most common.”

At the Batavia Stakeholder Group on Dec. 10^th, members discussed various ways to enhance outreach in these neighborhoods. For instance, the Batavia City School District committed to issuing a text alert urging parents and guardians of students to go online to fill out the survey. Other members will be pushing the survey link out through their various social media channels.

“The response from the stakeholder group members who represent and work with residents in these neighborhoods at our meeting where we made this request was tremendous,” said Batavia Police Department Chief Shawn Heubusch.

“It sparked a great dialogue as we work collaboratively to put a plan together that we all agree is just the start of our efforts in sustaining open communications with the community and the police now and in the future.”

Press release:

The Notre Dame High School Board of Trustees is pleased to announce the appointment of the following new members to the 2019-2020 Board: Dawn Daniels, Marty Macdonald, James Sutherland and Katie Wujcik.

Daniels, D.C., is a chiropractor at Daniels Family Chiropractic in Warsaw, where she is in partnership with her husband Terry, D.C. They are proud parents of a daughter at Notre Dame.

Macdonald is the pastor of City Church and resides in Batavia with his wife, Karen. He is a proud grandfather of a Notre Dame grad and several current students.

Sutherland, graduated from NDHS and is an employee of Crickler Vending. He resides in Batavia with wife, Tracey, and they are proud parents of two Notre Dame graduates.

Wujcik is a recruitment director at Nixon Peabody, Rochester. She resides in Le Roy with husband, Jim, and looks forward to her children attending Notre Dame.

Andrea A. Arteaga is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on May 18 in the Village of Le Roy that Arteaga knowingly and unlawfully possessed a narcotic drug -- methamphetamine/amphetamine -- with intent to sell it. In count two, the defendant is accused of criminally possessing a weapon in the third degree, a Class D felony. It is alleged in count two that on May 18 while on Bacon Street in the Village of Le Roy that he possessed a firearm -- a pistol. In count three, he is accused of driving while ability impaired by drugs, a Class E felony. It is alleged in count three that on May 18, he drove a 2015 Chevrolet on Route 5 in Le Roy while his ability to do so was impaired by drugs. In Special Information filed by District Attorney Lawrence Friedman, Arteaga is accused of having been convicted of driving while intoxicated as a Class A misdemeanor on Oct. 22, 2018 in Town of Batavia Court and that conviction forms the basis for counts two and three of the current indictment.

Randy J. Dumbleton is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 17 in the City of Batavia that Dumbleton knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal sale of a controlled substance in the third degree, a Class B felony, for allegedly knowingly and unlawfully possessing a narcotic drug -- cocaine -- with the intent to sell it. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or alcohol, as a misdemeanor. It is alleged in count three that on June 17 in the City of Batavia that he drove a 2003 Honda on Main Street, Dellinger Avenue and Washington Avenue, while his ability to do so was impaired by the combined influence of alcohol and/or drugs.

Angela R. Bateman is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 12 in the City of Batavia that Bateman knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, she is indicted for criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on the same day she also possessed the narcotic fentanyl with intent to sell it. In count three, Bateman is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged that she knowingly possessed scales and balances designed for weighing or measuring controlled substances -- for the purpose of unlawfully manufacturing, packaging or dispensing any narcotic drug or stimulant. In count four, Bateman is indicted for the crime of promoting prison contraband in the first degree, a Class D felony. It is alleged that on Aug. 24 she knowingly and unlawfully introduced a dangerous contraband -- fentanyl -- into a detention facility -- the Genesee County Jail.

Darius L. Jones is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 24 in the City of Batavia that Jones knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the third degree, a Class B felony, for allegedly possessing a narcotic drug -- fentanyl -- that day with intent to sell it. In count three, he is accused of criminal possession of a controlled substance in the fifth degree, a Class D felony, for having cocaine weighing 500 mg or more. In count four, he is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. In count four, it is alleged that Jones possessed gelatine capsules, glassine envelopes, vials, capsules or other materials suitable for the packaging of individual quantities of narotic drugs or stimulants, for the purpose of unlawfully manufacturing, packaging or dispensing them. In count five, Jones is indicted for criminal trespass in the third degree, a Class B misdemeanor. It is alleged in count five that Jones unlawfully entered property on North Spruce Street in the city. In count six, Jones is accused of unlawful possession of marijuana in the second degree, a violation, for allegedly possessing marijuana June 24 in the City of Batavia.

Chaniah L. Wellington-Martino is indicted for the crime of third-degree attempted assault, a Class B misdemeanor. It is alleged that on Aug. 7 in the Town of Stafford that she acted with intent to cause physical harm to a Genesee County Sheriff's investigator and did so by trying to bite him on the left arm. In count two, she is indicted for the crime of resisting arrest. It is alleged that on that day in Stafford that she intentionally prevented or attempted to prevent a police officer from arresting her and that she fought with the officer and attempted to bite him. In count three, she is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that the defendant attempted to grab contraband from a person during a lawful arrest, that she tried to prevent her detainment, and she pulled away from the officer while he attempted to remove a personal item that was entangled around her arm. In count four, Wellington-Martino is accused of tampering with physical evidence, a Class E felony. It is alleged in count four that she threw a purse containing marijuana down an embankment. In count five, she is accused of the same crime as in count four for allegedly trying to retrieve drugs from her co-defendant's pocket. In count six, Wellington-Martino is accused of unlawful possession of marijuana in the second-degree, a violation, for allegedly knowingly possessing marijuana that day in Stafford. In count seven, she is accused of a vehicle and traffic law infraction -- pedestrian failure to walk facing traffic, for allegedly failing to walk on the left side of the roadway or its shoulder facing oncoming traffic.

William R. Metz is indicted for the crime of second-degree criminal possession of a weapon, a Class C violent felony. It is alleged that on April 4 in the Town of Oakfield that Metz possessed a loaded firearm -- Canik 9-mm pistol -- with the intent to use it unlawfully against a person. In count two, Metz is accused of reckless endangerment in the second degree, a Class A misdemeanor. It is alleged in count two that he engaged in conduct that created substantial risk of serious physical injury to a person by discharging three rounds from the pistol into the bedroom floor of a residence on Batavia Oakfield Townline Road that day. In count three, Metz is accused of the crime of second-degree menacing, a Class A misdemeanor. It is alleged in count three that the defendant intentionally placed a person in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a pistol.

Jose A. Rivera is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on July 27, Rivera knowingly and unlawfully entered a building on Swan Street in the City of Batavia with the intent to commit a crime. In count two, Rivera is accused of first-degree criminal contempt, a Class E violent felony, for allegedly violating a duly served order of protection by intentionally harassing, annoying, threatening or alarming the protected party and subjecting her to physical contact.

Markel T. Handley is indicted for the crime of tampering with physical evidence, a Class E felony. It is alleged that on June 15 on Alleghany Road in the Town of Pembroke that the defendant attempted to conceal buprenorphine and naloxone underneath the passenger seat of a Genesee County Sheriff's Office patrol car. In count two, Handley is indicted for criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count two that Handley knowingly and unlawfully possessed controlled substances -- buprenorphine and naloxone.

Jason L. Pullen is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 in the Town of Byron, that Pullen drove a 2003 Honda on Route 237 while he was under the influence of alcohol or a drug and that at the time he has 10 or more suspensions imposed on at least 10 separate dates in effect: Jan. 20, 2009 / July 24, 2009 / Aug. 7, 2009 / Oct. 8, 2009 / Nov. 12, 2009 / Jan. 9, 2010 / May 23, 2012 / Aug. 25, 2013 / Feb. 17, 2017 / Feb. 3, 2019 / March 14, 2019, / and Dec. 20, 2019. In count two, Pullen is indicted for the crime of driving while intoxicated -- as a misdemeanor. It is alleged in count two that on May 24 on Route 237 in Byron, that Pullen drove while intoxicated. In count three, he is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 percent at the time.

Mario A. Reyes is indicted for the crime of driving while intoxicated as a Class D felony. It is alleged that on Sept. 13 in the Town of Stafford that he drove a 2011 Chevrolet on Route 33 while he was intoxicated. In count two, Reyes is accused of DWI, per se, as a Class D felony, for having a BAC of .08 percent at the time. In count three, Reyes is accused of aggravated unlicensed operation in the first degree, a Class E felony, for having a driving that day while his privilege to do so was withdrawn or suspended by authorities. In count four, he is accused of operating a vehicle that was not equipped with an ignition interlock device as he is required to do. In count five, he is accused of unlicensed operation of a motor vehicle for driving without a license that day. In count six, Reyes is accused of moving from his lane of travel unsafely that day in Stafford. In Special Information filed by District Attorney Lawrence Friedman, Reyes is accused of having been convicted of driving while under the influence of alcohol, as a misdemeanor, on July 7 in Orleans County Court, and on March 2, 2017 in County of Hidalgo Court, State of Texas, and those convictions are within 10 years of the crimes alleged in the current indictment.

Andrew T. Pape is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 18 in the Town of Bergen that Pape drove a 2004 Chevrolet on Jerico Road, a public highway, while he was in an intoxicated condition. In Special Information filed by District Attorney Lawrence Friedman, Pape is accused of having been convicted of DWI -- as a misdemeanor -- on Jan. 24, 2012 in Town of Ogden Court, Monroe County, and that conviction is within 10 years of the crime alleged in the current indictment.

Jimmy R. Hill is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Village of Le Roy that Hill drove a 2009 Chevrolet on Lake Street, a public highway, while he was intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In Special Information filed by District Attorney Lawrence Friedman, Hills is accused of having been convicted of DWI -- as a misdemeanor -- on June 26, 2014, in City of Syracuse Court, County of Onondaga, and that conviction was within 10 years of the crimes alleged in the current indictment.

Jason A. Klinkbeil is indicted for the crime of third-degree grand larceny, a Class D felony, for allegedly stealing property having a value of more than $3,000 on Nov. 13 in the City of Batavia that belonged to Chapin Manufacturing Inc.

Jason A. Klinkbeil is indicted for the crime of falsifying business records in the first degree, a Class E felony. It is alleged that on Nov. 19, while at the Pawn King on Veterans Memorial Drive in Batavia, that Klinkbeil -- with intent to defraud -- made a false entry in the business records there by signing a document claiming he was the sole owner of the property he sold. In count two, he is indicted for criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly knowingly possessing stolen property while at Pawn King -- tools.

Shane C. Bunce is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Sept. 8 in the City of Batavia, that Bunce knowingly possessed stolen property that had a value exceeding $1,000 -- a 2007 Honda dirt bike. In count two, he is indicted for criminal possession of stolen property in the fourth degree, a Class E felony, for allegedly knowingly possessing stolen property that had a value exceeding $1,000 -- a 2007 Honda dirt bike. In count three, Bunce is accused of aggravated unlicensed operation in the second degree, an unclassified misdemeanor. It is alleged in count three that on that day in the city he drove a motor vehicle while his privilege to do so was suspended by authorities. In count four, Bunce is accused of trespass, a violation, for allegedly knowingly and unlawfully entering property in the Town of Bergen on Sept. 8.

Some much-needed stained glass window work is being completed today at Batavia First Presbyterian Church on East Main Street.

Pastor Roula Alkhouri said, "We have been waiting for this repair for over two years. The windows needed repair and so did the sills. In fact, the sills were rotting and needed to be replaced. Every few years, we have to do maintenance repairs on these stained glass windows and there are only a few places that specialize in such work.

"It is a combination of art and maintenance as the repairs need to keep in mind the beauty of the windows. The studio we work with is Pike Stained Glass Studio. They do excellent work."

Press release:

The City of Batavia Water Department will be changing out a fire hydrant on Ellicott Street on Monday Dec. 14. The work will begin at 8 a.m. and water should be restored by 3 p.m.

Should weather or unforeseen issues delay the project, the shutdown may occur on Tuesday during the same hours. 

The water will be turned off for residents on: 

• Ellicott Street between Ellicott Place and Harvester Avenue
• Harvester Avenue between Ellicott Street and Colorado Avenue 
• Colorado Avenue and Ellicott Place

This may cause discolored water, please refrain from doing laundry if water is discolored.

We appreciate your patience while we make these repairs.

Bill Davis, Superintendent of Water and Wastewater, City of Batavia

Major League Baseball Enterprises Inc., a multinational corporation based in New York City, is killing off professional baseball in Batavia.

That's an oversimplification but that is likely the end result.

The New York-Penn League, founded in Batavia in 1939, is breaking apart -- though a smaller independent league may survive -- and since the NY-P owns the Muckdogs, the league in its new form, if it survives at all, won't have the wherewithal to operate a baseball club in Batavia.

Today, MLB announced that its Major League teams have selected their affiliates for the 2021 season and Batavia is not on that list.

Only four NY-P teams are on the list.

Some NY-P teams have chosen to join what will be known as the MLB Draft League. The new league will consist of collegiate players who compete on a limited schedule from May until the All-Star break when the MLB will conduct its annual amateur draft.

For more than a year, MLB and MiLB have been in negotiations over a new operations agreement, with the number of Minor League teams being reduced by at least 40 franchises.  That plan also would have eliminated the Muckdogs as a Major League-affiliated team.

The plan announced today goes a step further by eliminating the MiLB completely. MLB teams will have license agreements (they'll no longer be known as franchises), with each affiliated team and the Minor League system will be operated out of the MLB offices in NYC.

It's unclear if the owners of the 120 teams being offered license agreements will agree to the MLB terms. They just received the proposed contracts today.

Red Wings Gave it Their Best Shot

In 2008, the Genesee County Baseball Club, owner of the Muckdogs at the time, entered into a 10-year operations agreement with Rochester Red Wings. The Red Wings operated the team at a loss for those 10 years but the agreement gave them a 50-percent ownership stake in the team.

In 2018, the NY-P would not allow a new operations agreement and took over ownership of the team with an agreement that would allow the NY-P to recover its operating losses from any eventual sale of the club. The GCBC, a community-owned organization, would receive any money left from the sale that wasn't paid out to the Red Wings or the NY-P.

It is unclear if any of the financial stakeholders in the Muckdogs will be compensated for MLB's apparent unilateral elimination of the team.  

Ben Hayes, commissioner of the NYPL, said he's asked the question directly and hasn't gotten an answer.

Naomi Silver, chief executive officer of the Red Wings, said she also doesn't know whether the Muckdogs owners will be compensated for the loss of the team. 

An attorney who specializes in antitrust and business competition law, Luke Hasskamp, with Bonalaw, based in Los Angeles, said Major League Baseball and Minor League Baseball are both protected by an antitrust exemption that prevents those harmed by MLB's actions from filing an antitrust claim. 

Major League Baseball is a legal monopoly.  

Where to Go from Here?

The legal options for the Muckdogs stakeholders are limited, he said. The last affiliation agreement the Muckdogs had with a Major League team, the Miami Marlins, expired after the unplayed 2020 season, so there may not be a breach-of-contract claim. 

Other legal options don't seem to apply to the Muckdogs, such as claims that the stakeholders made financial commitments and investments based on a promised continued relationship. Since the Muckdogs have been under a cloud of financial hardship -- making them a target for acquisition and relocation -- there are no apparent promises of continued play in Batavia.

The commissioner's office, with its new plan for player development, is not specifically eliminating the Batavia Muckdogs. The lack of an affiliation with a Major League club, however, along with the upheaval in the NY-P caused by the new alignment, makes it impossible to operate the Muckdogs as a professional baseball team, causing its estimated $6 million value to evaporate. 

Asked if the stakeholders could claim the MLB unjustly deprived them of appropriate compensation for making the Muckdogs as a financial asset valueless, Hasskamp compared the idea to eminent domain, but said since MLB is a private organization any such comparison does not legally apply.

"It’s an interesting argument, not one I have thought through much, but it’s challenging, in my opinion, not only because MLB isn’t a public entity because also, as you pointed out, MLB isn’t really taking property," Hasskamp said. "It’s just taking action that will impact the value of others’ businesses. This may be relevant to a party’s damages."

At the end of that email to The Batavian, Kasskamp said, "One other thought: It will be interesting if this stirs any greater interest in Congress to revoke baseball’s antitrust exemption. These contractions are going to impact a number of communities / congressional districts, and more than 100 congressmen noted their displeasure when the contractions were first announced."

Will Schumer Keep Fighting for Batavia?

On a couple of recent visits, we've asked Sen. Charles Schumer, a die-hard baseball fan, if he would pursue legislation to revoke MLB's antitrust exemption. He didn't give a direct answer. He just promised to keep fighting to save teams like the Batavia Muckdogs and Auburn Doubledays.  

This afternoon, we asked a member of his staff for a statement and clarification on Schumer's position on the antitrust exemption and didn't get a response.

Today, in a phone conversation, Hayes offered no hopeful take on the future of the Muckdogs given today's announcement, other than to say there is still much that is unknown about the MLB plan and how Minor League team owners will respond to the license offers.

Silver said the team owners haven't even had a chance to fully review the contracts and discuss the best course of action. She said she's hopeful the Red Wings will be made whole for their losses incurred while operating the Muckdogs.

"We're sad to think there will be no Muckdogs baseball in Batavia," Silver said. "We worked hard for 10 years to try and save the team."

She noted that Batavia is not the only community suffering a loss of a team because of the MLB's decision.

"Batavia is not being singled out," she said.

Tabelski: Games Will be Played at Dwyer

While the prospect of a professional baseball game ever again being played in Batavia seems dim, that doesn't mean there won't be organized baseball played at Dwyer Stadium in the coming years.

Rachael Tabelski, interim city manager, said she has been contacted by representatives from collegiate leagues (often called wooden bat leagues) and semi-pro leagues looking to move into Dwyer. She said the city has yet to respond to those inquiries because there is still a contract in place with the NY-P that gives the league control of what baseball is played in the stadium. Unless and until that contract is resolved, the city can't find a new tenant. 

There will be a tenant in Dwyer again, Tabelski said. 

"As somebody who grew up going to Clippers and Muckdog games, it's very sad to think about losing the team," she said. "I think it's very difficult to look at losing the baseball team we've loved, but there will still be an opportunity for baseball in this town."

And the next team to make Batavia home could very well be called the Muckdogs. The Genesee County Baseball Club has retained the rights to the Muckdogs trademark (it was recently renewed).

The Just Kings Community Organization and Adam Miller Toy and Bicycle are teaming up to make the Just Kings Toy Drive as easy as 1-2-3 to donate.

Adam Miller is offering $30 Gift Certificates for $20.20, and has extended this offer to anyone who wishes to buy one for the Just King’s Toy Drive. Simply stop by the store at 8 Center St. or call (585) 343-0548 and they will be happy to take your order over the phone.  

Adam Miller’s is a hometown favorite, featuring classic and educational toys, activity kits, bicycles, puzzles and the most interesting collection of stocking stuffers around. This charming, old-school toy store comes complete with old wood floors that squeak a bit -- a quaint welcome as you walk through the doors and browse

The Just Kings continue to work and mentor youth in our area, and have held a host of community outreach events and fun activities like their Trunk or Treat Halloween, Thanksgiving Food Drive, Book Bag Giveaway, and neighborhood summer celebrations galore.

You are also welcome to donate gently used toys for newborns to age 12. They will brighten some child's Christmas morning.

The toy drive is underway through Dec. 21.

Toys can be dropped off at Royals Barber Shop, 317 Ellicott St., Batavia.

A black Mazda is reportedly going more than a 100 miles an hour eastbound on Route 5 from the Department of Social Services complex on east Main Street, Batavia, toward Le Roy. It is said to be weaving in and out of traffic. Deputies are responding and Le Roy is notified.

A two-car accident reported at Oak and Richmond in the City of Batavia.

An officer on scene reports there is no injuries. The northbound lane is blocked. There is debris in the roadway but no apparent fluid leaks.

UPDATE 6:28 p.m.: A fluid leak is now reported.

UPDATE 6:30 p.m.: Engine 11 responding.

I was reminiscing, thinking back to Christmases in Downtown Batavia circa 1960.

I recall a Friday night, and Main Street was decorated with holiday cheer. People from all over Genesee County had come to the city to shop and reconnect with friends.

I had made my list for Christmas, and my first two stops were Newberry’s and W.T. Grant’s. Those two stores carried everything you would need -- from a picture with Santa, a hot dog at their food counter, to a new dress and plumbing supplies. The stores were crowded, and the Christmas music was coming from outside of C.L. Carr’s.

The windows of the Carr’s building would mesmerize young and old with their moveable musical figures. It was a much slower pace in the ‘60s. People working behind the counters of the various stores knew your name and would ask about your family. Genesee Hardware was on Main Street at that time and sold toys. I remember going there to see if the wedding dress for my Barbie doll was still for sale. It was!

Other stores I remember were Thomas and Dwyer and C. F. Knox, shoe stores that were run by families. A winter ritual was driving around the city with my family to see the Christmas decorations. There was always one particular house you had to see every year with the most sparkling Christmas lights.

Your next stop would have to be NY State School for the Blind to see the magical, miniature Christmas village on the school’s snow-covered lawn.  

My memories take me back to my family — the Pecas — and those Christmas mornings with the opening of presents and the five-course meal prepared in the kitchen. One Christmas, our mother gave each of us a photo album she created with pictures of each of us in our album. I remember sitting in the living room with my brothers and sisters looking at our albums. We laughed at how we looked when we were young and couldn’t believe that our mother of six found time to create such a timeless memory.

Another favorite memory was Christmas dinner. We would eat for what seemed like hours. Our family was so big we needed the large kitchen table and the dining room table for a holiday meal. You had, to begin with, our dad saying grace and thanking God we could all be together. The feast started with an antipasto, followed by Italian wedding soup, lasagna, and a full-course turkey dinner. Later we would have a wide variety of choices of homemade pie.  

This Christmas will be different for many. I know we will not be able to see our children and grandchildren. We will be filled with memories of Christmases past and hoping all our families and friends stay safe and healthy and are filled with beautiful memories from yesteryear.

Top photo: The Peca family dressed their best for a Christmas Card photo.

Below, two of Anne Marie Starowitz's sisters, Gina, left, and Terry.

Below, Tony, Sam, Anne Marie, and their dad, with sisters Gina and Terry on his lap. (Not pictured: mom and brother Johnny.)

Statement from Batavia City School District Superintendent Anibal Soler Jr.:

Dear Batavia Blue Devil Families,

As the number of positive COVID-19 cases continue to rise across New York State and specifically in Genesee County ​(8-percent positive test rate -- current highest in New York)​ it brings a number of challenges for the school district.

These challenges include but are not limited to the following:

• Our ongoing ability to staff in-person learning with certified staff members.
• Guidance regarding close contact and quarantining: we continue to have a large number of students and staff members unable to attend in-person learning and work because of the fact that educators/ district staff are not designated as essential employees under current New York State Department of Health guidance, which forces them to quarantine even if they are not showing symptoms.
• Despite the CDC reducing the number of days for quarantining to 7-10 days, the NYSDOH is still requiring a 14-day quarantining window.
• Social gatherings are still occurring outside of school, which bring new positive cases into our school district.
• The influx of parent and family requests that want to move their children from in-person hybrid learning to a 100-percent full virtual model.
• Over this last week our number of total positive cases in our schools increased to 39 and the number of students and staff that have had to quarantine as a result was over 100 between our four school buildings.

  Therefore, ​I have made the difficult decision to move our school district to 100-percent Virtual Remote Learning effective immediately and through the upcoming winter break. I will monitor and reassess this decision and I will provide families an update prior to our return on Monday, Jan. 4th.

  Moving our entire district to 100-percent Virtual Remote Learning will give us the ability to focus primarily on one mode of teaching and learning and allow us to prepare for updated guidance from New York State that prioritizes safe in-person learning for all. Families of children who receive specialized instruction and various mandated therapy will be contacted by the district with options for teletherapy and targeted support. BOCES Career Technical Education students will also attend their program virtually. This does not impact out-of-district placements and students who attend BOCES Alternative Academy and ITP programs. For the majority of our students this equates to the loss of five in-person learning days over the course of the next 12 school days.

• The district will continue to provide daily breakfast and lunch for pick up at Jackson Primary and John Kennedy from 8 a.m. to 12 p.m. during this period.

  It is also important to remind you that if we are to return to any form of in-person learning that we still need parents and guardians to fill out our consent form located here. To date, we only have 483 (24 percent) of in-person learning families who have given consent. Please know that if and when we are designated a color zone, that random testing will be required and only families who give consent will be able to attend in-person learning.

  At a time where we should be focused on celebrating an upcoming winter break and spending time with our families, I know that this decision will impact many of you negatively and that is not my intent. Ultimately, my intent and one of my main responsibilities as your Superintendent, is to always protect the physical and mental health and safety of our students, staff and community.

  If you have any additional questions or concerns please feel free to call your child’s school for support.

  WE are Better Together...WE are Batavia!

  Anibal Soler Jr.
  Superintendent of Schools

Press release:

Don't forget that tomorrow night a flute quartet from the Genesee Symphony Orchestra will be at the Holland Land Office Museum to help celebrate Wonderland of Trees.

The concert will begin at 7 p.m. and will be two 20 minute sessions. We are having a limited audience available to attend, which will be limited to 12 people. If you would like to attend please call the museum at (585) 343-4727 to register. There are still some spots available.

The museum is located at 131 W. Main St. in the City of Batavia.

For those of you not in attendance, the concert will be livestreamed and recorded by Paul Figlow of Figlow Productions. Please stay tuned for those links.