batavia

Notre Dame High School held its graduation service Saturday evening outside on the north side of the campus. Bishop Richard Malone spoke at the commencement ceremony.

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At least three people are sick from natural gas fumes inside the residence at 101 Ross St. City fire and Mercy medics are responding. The call to dispatch was made by National Fuel.

O-AT-KA Milk Products was issued a notice of violation by the DEC on April 24 for chemicals and waste materials being spilled into a lagoon south of Ellicott Street.

The company is complying with all DEC demands and requirements for dealing with spills from its dairy processing plant at the corner of Cedar and Ellicott streets, said David Crisp, director of business development for O-AT-KA.

The spills were brought to the attention of the DEC by Attica resident John Volpe (pictured above), a Native American well known locally for his environmental work.

Volpe said he's concerned about the health and well being of the fish, turtles, frogs and other wildlife in the lagoon, which is part of a 110-acre wildlife refuge owned by Chapin Manufacturing. The creatures, Volpe said, are part of the chain of life.

"This is how we look at our own life," Volpe said. "These are our teachers. All of our relations means just that. They’re all of our relations. You don’t leave out a worm or an eagle or whatever. We’re supposed to watch it and we’re supposed to protect it. That’s one of our jobs as among the people who walk this earth. It should be everybody’s job."

Volpe shared documents he said show serious environmental damage to the lagoon, including photos of more than 100 dead fish and dissection photos taken of dead animals -- such as turtles, frogs and fish -- showing medical issues (Volpe emphasized several times that he and his helpers never killed any animals, but merely took for samples and evidence animals they found dead).

The DEC letter accuses O-AT-KA of violating its SPDES (State Pollutant Discharge Elimination System) permit and three sections of environmental law.

The letter specifically accuses O-AT-KA of causing a drop in water quality standards for pH, solids and water color from spills on at least six separate occasions. The spills, according to the DEC, contained milk and/or cleaning solutions.

The letter also specifically cites a fish kill of various species April 15.

O-AT-KA was accused of discharging water that causes or contributes to conditions in violation of state code; discharging industrial waste in violation of state code; and discharging pollutants at a frequency or volume in excess of permitted standards.

The company was given until May 7 a turn over a document called "Best Management Practices" as well as a summary of response actions, investigations and corrective measures taken for each reported spill since August 2013. 

By yesterday, O-AT-KA was required to complete a facility review and submit a corrective action plan designed to prevent or minimize potential damage from future spills.

The DEC also required O-AT-KA to install a continuous recording pH meter.

Crisp said O-AT-KA has been fully compliant with the DEC's requirements, an assertion confirmed by Linda Vera, spokeswoman for the DEC in WNY. 

"O-AT-KA has taken a number of actions to mitigate and prevent additional discharges," Vera said.

Crisp said a DEC official was on hand one day recently when an alarm sounded from the new system indicating there was an increase in pH in the outflow line to the discharge pipe and the officials saw firsthand that plant workers responded immediately to correct the problem.

"It really comes down to how dedicated O-AT-KA is to the highest level of environmental protection," Crisp said. "That's why we're working with the DEC to assure O-AT-KA is in compliance with the SPDES permit."

There were two spills of milk, Vera said. One in August and another in October. She said steps were taken to prevent future spills and there have been no similar discharges since October.

"The remaining incidents were related to cleaning solution discharges," Vera said. "Action was taken after each incident to determine the source, and O-AT-KA added monitoring equipment and changed practices to mitigate the issue. During DEC's early May inspection, the probable source was identified. A deteriorated flooring in one of production areas allowed cleaning/disinfection solution to seep into a deteriorated pipe beneath floor. O-AT-KA is taking necessary actions to repair piping and floor."

It's still possible O-AT-KA could be fined for the spills, but the DEC has made no determination yet on further enforcement actions, Vera said.

One source we spoke to for this story suggested we look at the notice of violation delivered to O-AT-KA in context of how many DEC violation notices are handed out locally in a year, suggesting that there's nothing remarkable about a company getting a letter of violation.

According to the DEC's database of spills, there have been 76 incidents reported in the past 12 months in Genesee County. Eight of those have been tied to O-AT-KA, which more than any other source in the county. Only three of those spills -- where the size of the spill is known -- involve 100 gallons or more, and two of those involve O-AT-KA. Those are a spill of 125 gallons of milk product in August 2013 and 3,000 gallons of sodium hydroxide in January.

There were 48 incidents countywide reported in the prior 12 months, none involving O-AT-KA.

The series of spills has been a concern to Chapin, CEO Jim Campbell said, and company officials have met several times with O-AT-KA officials to review the measures taken to prevent future problems.

The 110-acre preserve includes nature trails available to employees and the area is teaming with wildlife, Campbell said. Andris Chapin, a family owner and chairman of the board, is keenly aware of environment issues, Campbell said, and once a year takes interested employees on a nature trail walk through the preserve. 

The company also has an environmental manager. He is Mark Volpe, who is also the plant manager and is John Volpe's brother.

Campbell said Chapin is confident O-AT-KA is responding appropriately. It's his understanding, he said, that O-AT-KA has spent more than $100,000 on preventative measures. He said O-AT-KA has recently brought in new executives with a good deal of technical experience in environmental issues.

"They've done a great job and have a great solution in place," Campbell said.

John and Mark Volpe started monitoring and measuring the Chapin's 110-acre habitat in 2008, acquiring and maintaining detailed records on the species and quality of life in the preserve.

It was through that process that John Volpe became increasingly concerned about spills from the O-AT-KA plant, which he said go back further than the August 2013 date covered by the DEC letter.

As he saw more and more environmental damage to the lagoon, he began raising concerns to the DEC, to the point, he believes, that some officials at the DEC started trying to avoid his phone calls.

In his workshop at his home in Attica, Volpe showed dozens of presentation boards displaying charts and tables documenting discharge dates, water temperatures, pH readings and photos of dissected animals and dead fish.

When Volpe found dead fish, he and his helpers photographed where each fish was found, collected them, brought them back to Attica, weighed and identified the species of each fish and photographed each one individually.

The dead fish included sunfish, bullhead and bass.

The DEC was slow to act on contamination issues at the lagoon, contends Volpe.

"Why didn’t the DEC do this and cite them sooner so maybe these fish would still be alive?" Volpe said. "This is not the first fish kill. We’ve had other fish kills."

Volpe's wife caught in a net one bass near death. It was blind, had lost all its slime and was emaciated. The Volpes have nursed it back to health. It's eating again and its eyes have cleared of the haze that covered the pupils. The fish has become more active in its tank.

The blindness and loss of slime is a result of a high pH in the water as well as sodium hydroxide and hydrogen peroxide reaching the lagoon.

Volpe is also concerned about the water temperature in the lagoon, which he said was above 60 degrees in March (he takes the water temperature every day) and the turtles and frogs need the water below at least 50 degrees to hibernate.

There is also evidence of frogs "toxing out," Volpe said. The toxins in the water cause their legs to shoot straight out, become rigid and they can't jump. Eventually, they die.

Volpe was arrested in February and accused of illegal possession of protected turtles and birds of prey. 

The DEC had known for years and years about Volpe's conservation efforts involving wildlife, his friend and supporter Mike Bastine said during a meeting at Volpe's house. It was only after Volpe started making waves about O-AT-KA that the DEC decided to come down hard on Volpe.

"If you look at the implications from the spills that he has documented, that has a much greater impact on the environment than the violations they subjected him to," Bastine said. "Is the issue really about protecting the environment and the animals and the life around us? No, not really.

"They think if they can shut that part of his work down, he's going to go away and say, 'they beat me,' that he'll have to throw in the towel because he can't defend himself. They're hounding us saying we need a permit to hold a feather or care for turtles, but that's our responsibility and that's our custom. It's our job. It's our duty to step in an assist."

In her e-mail response to a series of questions, Vera did not respond to the accusation that Volpe has been targeted for enforcement because of his O-TA-KA complaints.

She said the DEC had been monitoring O-AT-KA independently of Volpe, but found his work helpful. 

"DEC's actions have been ongoing, and are not dependent on Mr. Volpe's findings," Vera said. "However, some of the discharges discovered by Mr. Volpe, have provided assistance in mitigating the discharges and investigating potential sources."

Volpe said he's also concerned because the lagoon sits over the Batavia's aquifer. All of the city's water is pumped from wells in the area. He thinks the contaminants could seep into the aquifer.

City Manager Jason Molino said that really isn't a concern. Even if any contaminants reached the aquifer, the city treats all of its water before it's distributed.

Molino's confident, he said, the DEC has things under control.

"We've spoken with O-AT-KA and the DEC," Molino said. "I think the DEC is aware of the situation and has responded to it and are in constant communication with O-AT-KA. Otherwise, it's outside our jurisdiction."

This photo is from Genesee County's GIS map. The photographs that comprise the map were taken in April 2013. The Chapin Lagoon is in the lower left. O-AT-KA's plant is in the upper right. There is a dirt road that Hanson Aggregates uses running from Ellicott Street. Beside it is a drainage ditch, which apparently is how runoff from O-AT-KA reaches the lagoon. We have no confirmation of what the milky white substance is in the lagoon, but there is no spill around that time period reported in the DEC database.

Sign by drainage pipe that runs under Ellicott Street to a stream that runs to the Chapin Lagoon.

One of the no trespassing signs marking the property line of Chapin's 110-acre wildlife refuge.

Children who came to the Richmond Memorial Library this morning had a chance to be entertained by and learn about improvisational acting.

Karen L. Eichler and Andrew M. Spragge, of Defiant Monkey Improv, told the children (and parents) about improv and performed skits. 

Above, Eichler, playing Billie Bob Horton, squirts a security guard for Billy Bob Thornton with a water pistol while trying to gain access to the actor's mansion. The scenario and scenes were suggested by the audience.

In the final skit, Eichler and Spragge were assisted by Jean Berry and Gina Bergman. Eichler and Spragge couldn't move their bodies on their own. Berry and Bergman had to manipulate their hands, arms, legs and heads appropriate to the dialogue, or at times initiating movements that drove the dialogue. In this scene Eichler is Spock and Spragge is Capt. Kirk and they've just encountered a one-eyed monster that apparently communicates through clicks.

Press release:

A water main repair is scheduled for Tuesday June 3 on Bank Street in the City of Batavia. This work will require Bank Street to be closed to traffic from Chandler Avenue to Ross Street until the repair is completed. The road will be closed at approximately 8:30 a.m.

The repair may cause temporary discolored water in the area or low pressure. Please check to make sure that water clarity has returned before doing any laundry or other activities which could be adversely affected.

Batavia PD tracked down a suspected shoplifter from Tops a short time ago behind Falleti Ice Arena. The suspect, whose name has not yet been released, was found riding his bicycle with the alleged stolen merchandise -- a 30-pack of Budweiser -- strapped to the back.

Three Christians from Genesee County were carrying signs in front of the Planned Parenthood facility on West Main Street, Batavia, this afternoon.

Chris Connelly said the trio felt led by the Lord to inform people about abortion and what they believe goes on at the facility. He said the group has been at the location every day since Friday and will continue as long as they feel God is calling them to the mission.

"We need to expose sin and call it for what it is," Connelly said. "We're out here to let people know, not condemning them. We're out there to let them know -- people who have had the procedure -- that like any other sin it can be forgiven. It can be washed by the blood of Christ, but they need to turn from that. They need to know there are other options."

He said what they're doing is about truth and love.

"We're commanded to love people," Connelly said. "There cannot be love without truth."

Mona Doyon (left in the picture) said anybody who needs help can come to them and be provided with help toward options other than abortion.

"For anybody who has had it, we don't want to cast stones," she said. "We're not here to judge anybody.  We just want to bring truth and maybe help them. We don't want anybody at all to think we're out here being angry, protesting, or anything. We just want to bring the truth."

Also pictured, Alexis Logsdon.

CLARIFICATION: Connelly says they were out last Friday and will be there on Fridays (not every day) for as long as they feel led to be present.

Iraq War veteran James Carney was laid to rest today with military honors, including a giant American flag hung across West Main Street Road by the ladder trucks from City of Batavia and Town of Batavia.

Carney died unexpectedly at age 27. He was being treated for PTSD but was said to be rebuilding his life in Boston at the time of his death.

Funeral arrangements by Michael S. Tomaszewski Funeral & Cremation Chapel (full obituary).

Previously: Family dealing with unexpected death of veteran who was overcoming post-war struggles

Center Street and School Street (between Center and Liberty) are closed today for repaving.

The Houseknechts are back in the vending business.  

John and Tom, who sold Loose Ends in 2008, after the family sold its Pepsi bottling company, has re-acquired their former business.

The new name is Crickler Vending. Crickler after the former Pepsi-Cola Batavia Bottling Corp., which was founded in 1890 as Crickler's.

"It looked like a good business opportunity and it's a business we're familiar with operating," Tom Houseknecht said.

The company has distribution centers in Rochester, Buffalo and Horseheads. Houseknecht said they consider their market areas Rochester, Buffalo and Elmira.

There are no plans to operate a distribution center Genesee County at this time, Houseknecht said.

The brothers re-acquired the business May 17 and immediately started re-branding their delivery trucks.

A caller to dispatch reports "her daughter was asked to do lewd acts on a school bus." City police are responding.

The City of Batavia has received two significant awards, City Manager Jason Molino announced at a press conference held at the Fire Hall this afternoon.

The city is receiving a Strategic leadership & Governance Program Excellence Award from the International City/County Managers Association, and Firefighter Chuck Hammon is being honored by NYS Child Safety Advisory Board with a Shining Star Award for his efforts to increase the number of child safety seats installed in the city.

The ICMA will recognize the City of Batavia at its 100th annual conference in Charlotte, N.C., in September.

The award recognizes the creation and implementation of the city's strategic plan.

"With input from the community and the hard work of City Council and staff, we have been able to create an effective planning process that has demonstrated real results in efficient operations and meeting the service needs of our residents," Molino said. "Though our continued efforts to improve our operations, make sound decisions and strong investments, the city is being recognized for making a meaningful impact for our residents, businesses and visitors alike."

Hammon was recognized because over the past three years, he's taken the city's child safety seat program from almost nothing -- only two trained installation technicians -- to a program with 18 technicians and more than 150 installations and inspections a year. Batavia has one of the most active fire stations for child safety seats in WNY now, Molino said.

Total Tan has been in Batavia since 1996, but starting this week it's all new.  

The salon has moved to the new retail strip between Lewiston and West Main, next to the future new Tim Horton's.

Owner Cyndi Leonard, who founded Total Tan in Williamsville in 1994, said she and her managers had been looking to remodel and upgrade the old location in the Valu Plaza, but decided a new space made more sense.

The new location is filled with new, more modern units -- 20 in all, including five stand-up bays and a spray booth.

Pictured are (name redacted upon request), Cyndi Leonard, Rachel Mitchell and Emily Crego.

If you noticed a parade of antique vehicles heading through town today, they're all owned by Pat Thorp (pictured) and his father Nelson Thorp of East Bloomfield. It's a portion of their 22-vehicle collection.

The caravan was on its way to the University at Buffalo for a classic car show. We caught up with it at West Main Mini Mart.

The ladder truck is a 1949 American Le France, bought new by the City of Canandaigua for $26,000 and was in service until 2008. 

The woody is a 1940 Plymouth and is only one of 17 known in existence. 

The pickup truck is a 1937 Plymouth and has won multiple national awards.

The jeep is a 1952 Willies Army Jeep. That was the last year that model was made.

Pat Thorp said the vehicles will be passing back through Genesee County some time after 4:30 p.m. Saturday, if you want to try and catch a glimpse of these classics.

A manhunt is under way in the area around Graham Corp. for a possible warrant suspect. A caller contacted dispatch about a "suspicion male" walking around and a Batavia Police officer spotted him and provided a name, which if it's him, is wanted by the law. After the suspect saw the officer, he ran into the woods behind Graham Corp., located on Florence Avenue. A canine unit is available if needed, the police said. The suspect is a white male wearing white pants and a red hoodie. He is said to be close to Cedar Street now.

Jarrod K. Fotiathis, 19, of Ellicott Street, Batavia, is charged with false personation. Fotiathis was suspected of being involved in a fight Wednesday night on Swan Street. When questioned, Fotiathis allegedly gave a false last name to a police officer. Officers reportedly asked him several times for his real last name and Fotiathis allegedly refused to do so. 

William Scott Smith, 46, of Main Road, Pembroke, is charged with unlawful possession of marijuana. Smith was allegedly found in possession of marijuana at 11:45 p.m. May 16 on Main Road, Pembroke, by Deputy Kevin McCarthy.

Michael Joseph Elmore, 23, of Summit Street, Batavia, is charged with unlawful possession of marijuana and trespass. Elmore allegedly trespassed on private property and was found in possession of marijuana at 3:10 p.m. May 24 by Deputy Kevin McCarthy.

Kristine Szumigala, 40, of East Avenue, Batavia, is charged with harassment, 2nd. Szumigala was allegedly involved in a fight at 8:57 a.m. Sunday at 16 Bank St., Batavia.

Adam Figlow is a single father of four and a maintenance man at Ascension Parish in Batavia. Fellow parishioner and parish volunteer Sue Hartrick describes him as very humble, quiet, and "an extremely hard worker."

"You can ask him to do anything and say it doesn't have to be done right away," Hartrick said, "and then you turn around and it's done in a half hour."

But he has fallen on hard luck. In December, Figlow was diagnosed with a rare form of soft tissue cancer called spindle cell sarcoma.

Figlow said he first knew something was wrong one day in late summer, when he noticed a strange growth on his left arm.

"It never hurt or anything," he said. "It was just cosmetically annoying."

Since being diagnosed, he has undergone two surgeries and radiation therapy. His aunt and uncle, Kathy and Nick La Farnara, drove him to all of his appointments and stood by him through the surgeries, for which he expressed deep gratitude.

Figlow is set to return to work next month, but will have been out on disability for six months at that point. New York State disability payments have not been enough to keep up with Figlow's hospital bills and everyday living expenses.

That is why Ascension Parish will be hosting a spaghetti dinner, theme basket and 50/50 raffle on Saturday, May 31 from 5 until 7 p.m., with theme basket and raffle drawings starting at 7 p.m. The event will be at the parish's Slomba Hall, at 17 Sumner St. in Batavia.

Each meal will include spaghetti, meatball/sausage, salad, bread, dessert and a beverage.

Presale dinner tickets are $7 for adults and $5 for children, or $8 at the door. Takeout will be available.

Hartrick, who has spearheaded the event from day one, has been overwhelmed by the generous response.

"I thought it would be fabulous if we could get 30 baskets (for the basket raffle)," Hartrick said. "As of now, we have 79 baskets and 33 gift cards."

A variety of theme baskets -- including dog and cat, camping, gardening, children's toy and lottery baskets -- have been donated by individuals and businesses in and around the Batavia area.

"We've gotten more generosity than I could ever imagine," Hartrick said. "I was hoping the parish would rally around Adam in his time of need. They have not rallied...they have soared."

"The heart of Batavia and the parish community is unbelievable," Figlow said. "I can't thank them enough...I'm just so appreciative of everybody."

Basket ticket costs are as follows:

• 25 tickets for $5 for the less expensive baskets
• 25 tickets for $10 for the more expensive ($25 or more in value)

Additionally, someone donated a handmade quilt depicting an outdoor scene. It has a value of about $200, and will be the object of a 50/50 raffle. People can buy tickets $2 apiece or three tickets for $5.

For more information, call Hartrick at 786-8198.

Figlow is pictured with his sons, Joe (13) and Noah (5). His daughter Ashanti and son Nicholas were unavailable for a photo.

A Genesee County Grand Jury has filed an indictment against a Batavia resident who is accused of firing a handgun at another person while on State Street on Sept. 27.

Deshawn Allen Butler, 34, was wanted for a time in connection with the shots fired incident and was arrested in December. He was released from jail a few days later when the prosecution, which wasn't ready to proceed with a pre-trial hearing, called a felony hearing.

Butler was indicted on 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.

Other indictments filed by the Grand Jury:

Kelly M. Zwolinski is indicted on a count of criminal possession of stolen property, 4th, a Class E felony. Zwolinski is accused of knowingly possessing stolen property valued at more than $1,000. In this case, a Western barrel-racing saddle, a Western trail saddle, two sets of stirrups and a breast collar.

Jose A. Esquilin is indicted on a count of DWI as a misdemeanor and aggravated unlicensed operation, a Class E felony. Esquilin was stopped Dec. 6 on the Thruway in Pembroke.