batavia

About a dozen volunteers associated with the Business Improvement District hit the streets of Batavia today to plant flowers in a series of terracotta planters placed at strategic locations.

The planters are part of an ongoing beautification effort for downtown and in all 14 were purchased and filled with flowers and grasses.

"When you look at Niagara on the Lake, Saratoga, any of those cities, when they have flowers, people do talk about them," said Don Burkel, executive director of BID. "They make people feel better. It also attracts people to come here. They lend a vibrancy to our community."

The planters were placed at the main intersections on Ellicott and Main, as well as some along Ellicott Street, where Burkel said the area could use a little more color.

Above, Marcia Gann and Mary Valle fill a planter at the corner of Main and Court streets.

A Batavia business whose owner previously said he was no longer selling products that had recently been banned by the state, appears to have kept right on selling the product, which he refers to as potpourri, but is also commonly known as synthetic marijuana.

Jason Lang, owner of The Laughing Buddha, at 238 Ellicott St., said today that he is sold out of potpourri, without specifying the time period in which he sold out his stock, and that he will soon offer a replacement product that he believes is 100-percent legal.

On Wednesday, either Lang or a representative of the store posted on the company's Facebook page, "We are temporarily out of potpourri! New merchandise coming soon!"

Sources have told The Batavian over the past few weeks that it was possible to still buy synthetic marijuana at The Buddha. You just had to whisper to an employee, "potpourri."

Lang didn't deny the allegation, but insisted that he is sold out and won't restock because after research and further consideration, he's decided he can't ethically sell products that are potentially harmful to customers.

The new product, which Lang said he found at a trade show in Atlantic City, is entirely natural -- no chemicals, no synthetic cannabinoids (so it's apparently not covered by the NYS Health Department ban), and it doesn't even carry the "not for human consumption" label warning.

"The new product is made from damiana leaf and mixed with an Asian herb," Lang said. "It provides a euphoric feeling, but it is chemical free. It's all natural."

David Whitcroft, interim health department director for Genesee County, said his department had suspicions that The Laughing Buddha was still selling products covered by the health department order, but didn't have proof.

"We haven't been there for more than two or three weeks, but we get lots of complaints," Whitcroft said. "When we go to the store for inspection, there's nothing on the shelves."

The county's ability to enforce the ban is also limited. The only thing local officials can do, Whitcroft said, is notify the state of any evidence of a violation and let the state take it from there.

Jeffrey Hammond, spokesman for the NYS Health Department, said that if the state learns of a store violating the order, it would take the complaint to the Attorney General's Office and the AG would have the power to start a process that could lead to a $2,000 fine per violation.

So far, the state hasn't sought fines against any store owners, but that might yet happen, Hammond said, without specifying any stores that may be targeted for further enforcement action.

Under the order, shop owners could challenge the state's contention that synthetic marijuana is harmful to human health. Four store owners -- none in Western New York -- did in fact seek an administrative hearing on the question, Hammond said. The hearing was held last week but the judge has not yet issued a decision.

Both the Senate and Assembly have passed legislation making synthetic marijuana a controlled substance. The two chambers must now compromise on final legislation to send to the governor for signature.

"We feel that the issue is not one of street sales, but that store owners are making the sales," said Chris Bresnan, spokesman for Assemblyman Kenneth Zabrowski, the sponsor of the Assembly bill. "When store owners realize there is a criminal penalty, we feel they will cease to sell and distribute these products."

If compromise legislation is passed before the end of the session in June, and the governor signs it into law, it would take effect in September.

Kevin Sheehan caught a nice 5-pound bass at Dewitt Park yesterday.

One of Genesee County's most generous residents, a man who has helped numerous families in times of need, is facing a serious challenge of his own.

Don Carroll was diagnosed in April with cancer of the esophagus. He has undergone two radiation treatments, awaits a third, and is about to start chemotherapy.

"Don has supported so many people over the years," said Jerry Foster, his sixth-grade teacher, lifelong friend and helper with Don's various charity efforts, including the annual 5K run and Toys for Kids.

"He's raised thousands of dollars for college scholarships, camp scholarships, Toys for Kids. If everybody could keep him in their thoughts and prayers and do what they can. Don wouldn't ask for that. He wouldn't ask for anything for himself, but he's going to need help, especially when the medical bills start coming in."

There has hardly been a time in Carroll's life that he hasn't helped others. The 1974 graduate of Oakfield-Alabama High School was an orphan who found a home in Genesee County. Shortly after graduation, Carroll starting raising money, a project that continued for 23 years, to send kids to YMCA summer camp.

In the late 1990s, Carroll switched his focus to raising funds for college scholarships and organized annual 5K and 10K runs as fundraisers.

More recently, Carroll has headed up Toys for Kids, a secret-Santa program for the area's children who might not otherwise receive Christmas presents.

In 1997, Carroll was named Geneseean of the Year by the Chamber of Commerce and he was inducted into the O-A Hall of Fame three years ago.

Foster said Carroll remains in great spirits.

"He knows everything is going to work out," Foster said. "He knows he's going to be at the 5K race (this summer). He has a very positive attitude."

Carroll hasn't worked since April 19 and isn't expected to be back on his feet for several more weeks.

Even so, he's continuing to do what he can for Toys for Kids, sending out emails to sponsors and helping to organize run for this summer.

The office at Birchwood Village Apartments, 88 Dewey Ave., Batavia, is selling candy bars for $1.50 as a fundraiser for Carroll and a chicken BBQ is being planned, but no other fundraisers have been set yet, Foster said.

Donations for Carroll can be sent to Jerry Foster at 20 River St., Batavia, NY 14020.

People who would like to know more about Carroll's medical progress can sign up for Care Bridge. Foster asked that visitors sign the guestbook and leave messages, which Foster prints out and brings to Carroll.

"They mean a lot to him," he said.

A minor injury accident is reported at 8524 Seven Springs Road, Batavia.

Town of Batavia firefighters and Mercy EMS responding.

The single injury is a 10-year-old who was in the back seat, complaining of back pain.

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Members of the Local Drug Enforcement Task Force responded to a residence on Swan Street, Batavia, Tuesday to investigate a report of pot being grown in a garage.

Task force members seized the plants and arrested Ian J. Blake, 25, after locating him on Ellicott Street, Batavia.

At the time of his arrest, Blake had pending charges for allegedly selling oxycodone to an agent of the task force. He was also allegedly found growing cannabis in his basement on May 5.

Blake faces charges of criminal sale of a controlled substance, 3rd, two counts of unlicensed growing of cannabis and two counts of unlawful possession of marijuana.

Following arraignment in city court, Blake was jailed without bail.

Batavia PD assisted in all three investigations.

Steven Carnell McKnight, 18, of 14th Street, Buffalo, is charged with burglary, 2nd. McKnight is accused of breaking into a residence on Batavia Elba Townline Road, Batavia, on Dec. 15. The Monroe County Crime Lab has reportedly matched blood found at the scene with McKnight. The home on Batavia Elba Townline Road suffered damage to exterior French doors, a rear window, and a table and desktop computer. The only items reported missing were a complete Nintendo Wii system with games and two hutch drawers containing old mobile phones and odds and ends. McKnight is currently awaiting sentencing on a burglary charge from a break-in in the Town of Pembroke on Dec. 14. 

Andrew John Sprague, 33, of State Street, Batavia, is charged to failure to report change of address. Sprague is a registered sex offender and allegedly failed to report a change of address.

Al Davids, 42, of Bird Road, Byron, is charged with discharging a firearm within 500 feet of a residence. The alleged incident was reported at 6:58 p.m., Monday.

Long before there was a John Kennedy in the White House, there was a John Kennedy in Batavia.

Before there was "Profiles in Courage," there was "Individual Instruction" and "The School and the Family."

Before PT109, there was the Civil War and a young man born in England, who moved to Iowa and joined the Union's cause.

The John Kennedy of Batavia was an educator, a veteran of the War Between the States, and a preservationist, saving the Holland Land Office from assured destruction.

"I don’t think people associate the name of John Kennedy School with the right individual," said County Clerk Don Read, an avid history buff, especially of Genesee County. "Many people don't know that the John Kennedy in the history of Batavia certainly occupies a place in education history and the history of Genesee County. Not many people of his stature have come out of Genesee County."

And that's why there's a school in Batavia with brass Helvetica letters on its brick facade that reads, "John Kennedy School."

The school opened in 1956, and now there's some talk of changing its name, perhaps to Batavia Intermediate School.

The subject came up at Monday's school board meeting and the board seems to be considering the idea.

Board President Gail Stevens said she will support whatever the community wants for the names of it schools (Jackson School is also up for grabs).

"I’m all for giving the community a choice," Stevens said. "They’re the stakeholders in the school, the parents, the teachers, the students. If the community wants change, then I'll represent the community."

While the decision to consolidate schools -- leading to the closure of Robert Morris -- was driven by financial issues, what the schools are named is purely a matter of community choice and Stevens said she didn't want to impose her viewpoint on that choice.

The issue came about, according to Board Member Phil Ricci, because a group of parents brought the issue to the board.

According to Ricci, the parents were concerned that students transferring from Robert Morris would join community schools with community identities, and potentially feel left out of the mix.

Changing school names is a matter of changing brands and getting all of the students involved, Ricci said.

"I think the primary thing to understand is that it isn't so much changing the name of the school," Ricci said. "The way of doing business, the way the schools are run, the way we're deliving educational services is being changed."

The former names no longer fit, Ricci said, especially if you consider the name of JK to be John Kennedy Elementary School.

On the district's Web site, that's the name of the school. On the school building itself, it's simply John Kennedy School.

Ricci said there is a push by some parents to change the name to Batavia School or Batavia Intermediate School. 

Another option, Ricci said, one he favors, is John Kennedy Intermediate School, and some have suggested, he said, Batavia Intermediate School at John Kennedy.

Both Stevens and Ricci said the cost of a name change would be minimal, and there are no concrete plans right now to institute a name change.

The board will discuss it further at its next meeting, Stevens said, and decide what to do from there.

The idea of dropping John Kennedy caught the attention of local historians and preservationists.

The board of the Holland Land Office Museum voted Tuesday night to oppose the change.

"You would  be taking away the history of the community," said HLOM Director Jeff Donahue. "The man should be honored because of the great work that he did for this area and for education in general."

Local author, localist and lover of Batavia Bill Kauffman was chagrined at the idea of Batavia once again turning its back on its history.

"Modern Batavia's besetting sin has been its disregard, even contempt, for Batavia's history," Kauffman said. "The catastrophic urban renewal of the 1960s and '70s was the most spectacular example of this. Renaming Batavia's schools would be yet another -- and wholly unnecessary -- case of the city wiping out its past and severing its connection to those who have gone before. As a proud alumnus of John Kennedy, I really hope that great little school on Vine Street retains its name."

John Kennedy was born Sept. 17, 1846, in England. He was one of 14 children. His father brought the family to New York hoping for work on the Erie Canal, but after Mrs. Kennedy heard nothing of her husband, she packed up the family and moved to Greeley, Iowa.

After the Civil War, Kennedy returned to Iowa where he became a school superintendent, soon gaining recognition for his innovative education techniques.

Kennedy spoke to educators in New York on a couple of occasions, and then the fairly new Batavia City Schools District invited Kennedy to become its second superintendent.

Over the next 23 years, Kennedy led the district, creating a number of innovations in education, such as teacher's aides and a style of teaching that offered encouragement to students rather than direct help.

In 1894, Kennedy learned that the former Holland Land Office, which had been a private residence, was going to be torn down and its bricks sold to Henry Ford for reconstruction of the building on his estate in Michigan. Kennedy started a "penny drive" to raise enough money for a down payment on the property. When he reached that goal, other community members pitched in to complete the purchase and donate the building and land to the county.

"Kennedy realized the significance of the building and because of him, we still have the Holland Land Office today," Donahue said.

Ricci said if the school name is changed, none of the history will be lost. Everything on and in the building of historical value will be preserved, he said.

"I'm fine if it's Batavia Intermediate or John Kennedy Intermediate," Ricci said. "I'm not trying to be blase about it, because I know it means something to a lot of people, but the history that goes with that school is all inside of it. It all stays. The name on the building needs to fit the new brand.

"We have three cultures in three different schools. What we call the schools needs to reflect what goes on in the schools. That doesn't mean we have to get rid of John Kennedy as the name, but possibly add to it; John Kennedy Intermediate school."

FOOTNOTE: Ricci was appointed to the board to fill a vacancy, and subsequently won a seat outright on the board. But because he came in second in the voting, he won't be able to officially vote on anything until July. As top vote-getter in the election, Gretchen DiFante assumed the vacant seat on the board.

Bill Ruffino, owner of Bill's Auto on Evans Street in Batavia did a little giving back today. Ruffino, who is on the advisory committee for the automotive program of the Genesee Valley Education Partnership drove to Mt. Morris and conducted a seminar for the students on software transfer and computer programing on automotive computers and modules.

"This not only allowed the students to see this process firsthand, but it also started them networking with a leader in the industry that they hope to someday soon be a part of," said Michael Johnson, the class teacher, who provided the photo and information.

While I was in Settler's this afternoon, four waitresses came out carrying a birthday cake and brought it over to a group of people at one of the tables.

The cake was for Mary Vangalio, who turns 99 on Friday. Pictured with her is her nephew, Mike DiMartino.

State Police, joined by law enforcement representatives from throughout the region, gathered at the Batavia Barracks on West Saile Drive in Batavia this morning to honor the men and women of Troop A who gave their lives in the line of duty.

In the 40 years since the first service, six more names have been added to the granite monument outside the barracks, including Kevin P. Dobson, a 14-year veteran struck and killed during a routine traffic stop in Tonawanda in 2011.

The names of the fallen are:

Trooper James B. Losco, 1925
Trooper Robert Roy, 1927
Trooper Arnold T. Rasmussen, 1927
Trooper Thomas L. Corbett, 1931
Sergeant Homer Harrison, 1933
Trooper Jerome B. Nugent, 1933
Sergeant Harry Adams, 1951
Trooper James D. Conrad, 1966
Trooper Richard Weltz, 1970
Investigator Thomas L. Buck, 1981
Trooper Gary E. Kubasiak, 1982
Trooper Joseph A. Longobardo, 2006
Trooper David C. Brinkerhoff, 2007
Trooper Jill E. Mattice, 2010
Trooper Kevin P. Dobson, 2011

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If you can't view the slide show, click here. To purchase prints of these photos, click here.

Batavia's younger players are coming into their own just at the right time, said head baseball Coach Rick Saunders -- just as the Blue Devils enter sectional playoffs.

The team won a first-round playoff game Tuesday at Dwyer Stadium over Greece Olympia, 12-5.

"They struggled with the bats the first time they’d seen varsity pitching and now we’ve won five out of our last six," Saunders said.

The Blue Devils jumped to a quick 7-1 lead in the first two innings Tuesday, but then Greece Olympia made it look like they might make a game of it with four runs in the fifth.

But Saunders said his #5 seeded team responded well against the #12 seed, rallying for five runs in the bottom half of the sixth inning.

"(There were) two positive things," Saunders said. "When you play a team that’s a lower seed than you, you have to jump out to an early lead. Then you need to tack on runs to put them away, and when they made their come back to get back in the game, we tacked on five in the sixth to put them away. That’s how you win big games. That was the key."

Batavia (13-7) will face Greece Arcadia in a round two game at 4:30 p.m., Friday, in Greece Aracadia. The winner of that game will play a semi-final game next Tuesday against either Pittsford-Sutherland, the #1 seed, or Geneva.

In the game, Tommy Prospero was 2-3 with a walk and two stolen bases. Ryan DiMartino was 2-4 with a double and two RBIs. Zach Hale, who was also the winning pitcher, going 4 1/3 innings, was 2-4.

Saunders likes his team's chances of advancing.

"We’ve played all these teams," Saunders said. "Our pitchers have got to throw strikes. It’s basic baseball, pitchers throw strikes and if we can play good defense we can play with anybody. When we've that this year, we've won. When we haven't, we've struggled."

In other Section V baseball today, Alexander plays Warsaw in Warsaw; #2 seed Pembroke plays Bishop Kearney in Pembroke; Pavilion plays Canisteo-Greenwood in Pavilion; #2 seed Oakfield-Alabama plays Cuba-Rushford in Oakfield; Le Roy plays Granada in Le Roy; and on Friday, Notre Dame plays Prattsburgh at Dwyer Stadium.

If you can't view the slide show, click here.  To purchase prints of these pictures, click here.

A 48-year-old Batavia woman was injured in a motor vehicle accident at 8:15 a.m., Monday, in the Town of Middlebury after another driver allegedly failed to stop for stop sign.

Patricia E. Chaya, 48, was transported to UMMC for treatment.

Chaya was heading south on East Bethany Road when Rebecca A. Tallman, 21, of Telephone Road, Le Roy, allegedly failed to stop at the intersection of West Middlebury Road and East Bethany.

Tallman was issued a traffic citation.

The accident was investigated by the Wyoming County Sheriff's Office.

Bethany Fire Department responded to the scene.

An 19-year-old Batavia resident who broke into three local businesses said in court today that a proposed sentence of up to 14 years in prison on his burglary convictions was "a harsh punishment for somebody my age."

Judge Robert C. Noonan told Trevor M. Pilc, formerly of 404 Jackson St., Batavia, that he agreed, but added, "you've made your own bed and negotiated your own disposition."

Noonan then sentenced Pilic to two-and-a-third to seven years on two counts of burglary in the second degree, with the sentences to be served consecutively.

The prison term will be served concurrently to a similar sentence on burglary convictions in Wyoming County and with a one-and-third to four year sentenced Noonan imposed for a violation of probation conviction.

On Feb. 23, Pilc entered a guilty plea after reaching a plea deal for burglarizing four Batavia establishments -- Neptune Gardens, Batavia's Original, Blondie's and the Batavia Youth Bureau building.

Pilc was ordered to pay $11,800 in restitution to the businesses and two insurance companies.

"I realize what I did was wrong," said Pilc, who came to court in state prison-issued khaki slacks, a pressed white shirt and heavy shackles on his wrists. "I've hurt the business owners and their families and my family both financially and emotionally. I think it's a harsh punishment for a person my age, but I accept the consequences for what I've done."

Pilc and his accomplice, Michael A. Ames, 19, of 508 Dale Road, Dale, were arrested in September, aided by tips generated by the release of a video surveillance tape posted on The Batavian.

Ames is also serving  four-and-two-thirds to 14 years in state prison, concurrent with his sentence out of Wyoming County.

Press release:

District parents and students are encouraged to attend Open House events at the Middle School, John Kennedy, and Jackson building sites. 

We hope to have parents and students tour the buildings where students will attend next year and meet some of the staff. Also, this is a great time to sign up for newly forming parent groups at each of the schools. 

Details are as follows: May 30 -- Next year’s fifth-graders and their families are welcome to tour Batavia Middle School. Short presentations will occur in the school auditorium at 4 and 5:45 p.m. Refreshments will be served and tours will be informal. Be sure to sign up to participate in the parent group for parents of fifth- and sixth-grade student. Also,the YWCA will be at the middle school on both days with information on their after-school child care program for the 5/6 House.

Next year’s second-, third-, and fourth-graders and their families are welcome to tour John Kennedy School. Short presentations will occur in the school auditorium at 5:30 and 6:30 p.m. Refreshments will be served and tours will be informal. Be sure to sign up to participate in the parent group for parents of second-, third-, and fourth-grade students.

May 31 -- Next year’s sixth-graders and their families are welcome to tour Batavia Middle School. Short presentations will occur in the school auditorium at 4 and 5:45 p.m. Refreshments will be served and tours will be informal. Be sure to sign up to participate in the parent group for parents of fifth- and sixth-grade students. Also, the YWCA will be the middle school on both days with information on their after-school child care program for the 5/6 House.

Next year’s pre-kindergarten, kindergarten, and first-graders and their families are welcome to tour Jackson School. Short presentations will occur in the multipurpose room at 5:30 and 6:30 p.m. Refreshments will be served and tours will be informal. Be sure to sign up to participate in the parent group for parents of pre-kindergarten, kindergarten, and first-grade students.

Driving down Creek Road this evening, I saw something head of me in the road. As I got closer, I thought it might be a turtle and just about that time, a car coming from the opposite direction was stopping.

John Volpe jumped out of the car and scooped up the snapping turtle and carried it over to the side of the road.

Volpe then called his father and told him about the turtle, which he said had a slight deformity in its shell and might be a female.

He told his dad his location and said he would wait for him.

Volpe explained to me that he and his father often rescue turtles. He said they would take the turtle home, ensure she (or he) is healthy. If healthy, and a female, they would hold her until she laid her eggs, then release her back into the wild, then raise the babies.

"Turtles mean a lot to us," Volpe said, who is Native American.

When his father arrived, Mary Volpe jumped out of the minivan and grabbed the turtle's shell from behind and carried it over to a plastic carry-all.

We're a bit tardy in publishing this, but last week the Landmark Society of Genesee County gave out its annual awards in drawing contest, which is open to fourth-graders from throughout the county.

The first-place winner was Esmeralda O'Campo, center, from Elba Central School for her relief artwork of 4899 Ford Road, Elba. She receive $50, a framed certificate and a copy of the book "The Architectural Heritage of Genesee County."

The second-place winner was Isabella Riner, left, from Elba Central School for her mixed media artwork of 39 S. Main St., Elba.

The third-place winner was Gabrielle Root from St. Joseph School for her mixed media artwork of the E.N. Rowell House in Batavia.

Second- and third-place winners received $25, a framed certificate, and a copy of "The Architectural Heritage of Genesee County."

Honorable mentions were Trinity Aponte, Lauryn Engle, Morgan Harrington, Trevor Matthison, Adryona Miller, and Harmony Parker.

The guest judges this year were Sharon and Don Burkel, of Batavia. Sharon Burkel is an architectural historian and currently serves on the City of Batavia Historic Preservation Commission. Don Burkel is the Executive Director of the Batavia Business Improvement District (BID). Both are members of the Landmark Society. 

A group of geese were behind Settler's -- as there often is -- and keeping cool in the Tonawanda this afternoon.

The temperature today is 76 degrees with humidity at 56 percent.

Thunderstorms are expected between 6 and 8 p.m.

Temperatures are expected to climb into the 80s by Wednesday with lots of sun.