batavia

The governor's office is announcing today that PepsiCo along with a German dairy company, is building a Greek yogurt plant at the Genesee Valley Agri-Business Park.

The announcement confirms reports first published exclusively by The Batavian in November on the name of the company behind the once-secretive Project Wave.

The facility will employ 186 people in the first three years, according to Steve Hyde, CEO of the Genesee County Economic Development Center.

"This validates our strategy of building shovel-ready sites and validates that our community and our region are well positioned for companies to locate here," Hyde said. "For a Fortune 50 company to validate our strategy -- I'm tickled pink to have a company like that commit to come here."

The plant is a joint venture between PepsiCo and the Theo Muller Group.

GCEDC helped spearhead negotiations that involved Empire State Development  providing PepsiCo with a $5.7 million PILOT tax abatement over 10 years and relief from $5.4 million in sales tax on construction materials and office equipment.

Hyde said Project Wave is the biggest new manufacturing operation to come to Batavia since Sylvania opened its plant here in 1953.

Lance Engel

Three Batavia men, including two city firefighters, who are accused of operating an illegal gambling operation, are being released from jail this afternoon following a bail review hearing in city court.

All three entered not guilty pleas to the charge of criminal possession of gambling records, a Class E felony.

Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home, were arrested Thursday following a six-month investigation.

The trio was initially arraigned Thursday and Justice Robert Balbick was required, because of the felony charge, to order them held in Genesee County Jail without bail pending a report by Genesee Justice of their bail status.

The report on all three recommended, because of their strong ties to the community, that they be released on their own recognizance.

Attorney Larry Andolina is representing Phillips. Asked what he made of the charges, he replied to a reporter, "Are you looking for something other than dumb?"

He added, "I think prosecuting somebody for gambling in New York State is at best, dumb. As I was leaving the Sheriff’s department today, there’s a sign with an arrow that says 'Batavia Downs Race Track and Casino' and it points that way. If you drive down that way, there’s lottery tickets on every corner, there’s Power Ball every where, I just don’t understand it."

Phillips is a longtime resident with extended family in the area. He's married with children and owns his home. He's worked for the city 17 years.

Phillips is also accused of possessing a small amount of cocaine and is charged with criminal possession of a controlled substance, 7th.

Bordinaro is married, too, with one child at home and he's a homeowner. He's been employed by the city 18 years.

Engel has a wife and three children, owns his home and has been employed by the state for 17 years.

The alleged bookies had several friends and family members in the courtroom during the hearings.

Anolina explained that under state civil service law, the two city firefighters will stay on the payroll until the department files charges. Once charges are filed -- this is a process outside the judicial system -- the department will have 30 days to hold a disciplinary hearing or reinstate their pay.

The Rochester-based attorney reminded reporters that "suspects are innocent until proven guilty."

"These are good people," he said. "They are good men. We’re not dealing with people who are bad people. They are good family men."

COMING: The Sheriff's Office conducted a press conference this afternoon. We'll post a separate story on that later.

A 49-year-old man who participated in a residential burglary at the alleged prompting of an associate pled guilty this morning after some discussion about whether he clearly understood the charges against him.

Frederick H. Robidoux Jr., 49, was spotted along with his alleged accomplice, Eric P. Doleman, 41, breaking into an apartment at 10 Maple St., Batavia, in the early morning hours of Dec. 29.

The occupant of the apartment, Edward R. Freida, had recently been arrested on drug charges and Doleman allegedly knew Freida was in jail and that he had coins and other property of value.

Robidoux initially claimed this morning that he thought Doleman had permission to enter the apartment and that he didn't know his associate would remove items from the home.

Judge Robert C. Noonan informed Robidoux that if what he was saying were true, then he couldn't be convicted of the crime of attempted burglary.

After Robidoux consulted with his attorney, Fred Rarick, District Attorney Lawrence Friedman read from a statement Robidoux made to Batavia detectives when he was arrested.

In the statement, Robidoux said Doleman had told him about an easy way to get money and that he stood outside the apartment while Doleman climbed through a window.

At that point, Robidoux said he better understood what he was being asked to admit to in order to plead guilty.

As a prior felony offender, Robidoux is facing from three to seven years in prison.

In 1999, he was convicted in Livingston County of sodomy.

Robidoux will be sentenced at 9:30 a.m., April 19.

UPDATED 10:07 a.m.

UPDATED 9:12 a.m.

Authorities report they have broken up an illegal gambling operation in the city that was being run by three men, including two city firefighters.

The trio was allegedly involved in running sports books, according to Sheriff Gary Maha.

Maha said investigators seized gambling records, computers and mobile phones.

"We won't know the extent of the operation until these are analyzed," Maha said, but he said investigators believe the client list was extensive.

The firefighters allegedly involved were possibly accepting bookmaking calls on their mobile phones while on duty at the city fire hall, Maha said.

The three men, who all live in Batavia, were charged with criminal possession of gambling records, a Class E felony. They were arraigned in city court and jailed without bail.

Firefighter Gregory Phillips, 39, of Belvedere Lane, was also charged with criminal possession of a controlled substance, 7th, after investigators allegedly found a small amount of cocaine during a search of his residence.

The other city firefighter charged was Brian Bordinaro, 43, of Prospect Avenue.

Also arrested was Lance Engel, 41, of Wade Avenue.

Investigators executed a total of four search warrents -- one on each suspect's home, and one on the lockers at the fire hall of the two city firefighters.

Phillips and Bordinaro were suspended from their jobs. Under NYS civil service law, they will continue to receive their salaries until the investigation is concluded.

The arrests were the culmination of a six-month investigation by the Local Drug Enforcement Task Force along with the Batavia PD, the Sheriff's Office and the District Attorney's Office. Maha said City Fire Chief Jim Maxwell and city administration cooperated in the investigation.

City Manager Jason Molino's office released a statement saying when city officials became aware of the alleged gambling operation, law enforcement was informed, which led to the investigation.

UPDATE 1:55 p.m.: Lance Engel is also a public employee, according to state records. He works as a cook at the Western New York Veterans Home in Batavia.

(The Batavian's news partner, WBTA, assisted in coverage of this story.)

Three Genesee County residents -- including one who was previously accused by the feds of distributing methamphetamine but had the charges dropped -- were indicted today and accused of being part of a Hells Angels meth distribution ring that stretched from California to New York.

Donna L. McAuley (aka Donna Boon), 46, of Batavia Oakfield Townline Road, Batavia, was originally accused in July 2010 of being part of a meth distribution ring led by 47-year-old Donald G. Vanelli, of Le Roy.

Vanelli is serving a 17-and-a-half year federal prison term after pleading guilty to procuring from suppliers and distributing between 5 and 15 kilograms of methamphetamine from 2004 through July 2010.

But McAuley's charges were eventually dropped and in July 2011 she proclaimed her innocence.

Today, McAuley was charged with possession with intent to distribute, and distribution of, 50 grams or more of methamphetamine between April 2010 and July 9, 2010. The charge carries a mandatory minimum sentence of five years in prison, a maximum sentence of 40 years in prison, and a $2,000,000 fine.

Also charged today was her husband, James H. "Mitch" McAuley Jr., 62, listed as a resident of Oakfield but who's currently confined to Elkton Federal Corrections Facility in Ohio.

The indictment, according to the office of William Hochul, U.S. Attorney for Western New York, is a "superseding indictment," meaning it overrides a previous indictment that accused Mitch McAuley and others of being part of a criminal enterprise involved in drug trafficking and conspiracy to commit murder.

The third Genesee County resident indicted was Gordon L. Montgomery, 53, of Batavia. He is accused of being part of the same meth ring as Donna McAuley and being involved in trafficking 500 grams or more of methamphetamine between 2002 and July 9, 2010.

Also indicted today were alleged Hells Angels President Richard W. Mar, 60, of Monterey, Calif., along with alleged Rochester Hells Angels members Richard E. Riedman, 38, of Webster, Jeffrey A. Tyler, 47, of Rochester, and Paul S. Griffin, 58, of Blasdell.

All are charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. The charge carries a mandatory minimum sentence of 10 years in prison, and a maximum sentence of life in prison, and a $4,000,000 fine.

Previously charged as part of the indictment was alleged Rochester Hells Angels Member Robert W. "Bugsy" Moran Jr., 59, of Rochester. Timothy M. Stone, 31, of Gates, and Gina Tata, 47, of Rochester.

The indictment is the culmination of an investigation by FBI agent Christopher M. Piehota, New York State Police under the direction of Major Mark Koss and the Rochester Police Department under the direction of Chief James Sheppard. Prosecution is being led by Brett Harvey of the U.S. Attorney's Office.

A motorhome is reportedly on fire and fully involved in the area of ABC Glass on Ellicott Street near Jackson Street.

City fire is on scene. A second alarm is being sounded for crews to stage at city fire headquarters.

UPDATE 6:12 p.m.: A caller reported seeing smoke around the U.S. Chrome facility, located at 31 Swan St., and city firefighters staged nearby. The caller, who also lives nearby, was interviewed but it was determined that the person saw residual smoke from the motorhome fire. City crews are back in service. The motorhome fire has been extinguished.

Batavia is a fine small city, among the finest in America.

But to talk to many of the residents here, you wouldn't know it, according to Charles Buki, with czb LLC, a consulting firm hired by the city to help with strategic planning.

"There is a big gap between the high qualities of this community and how people view those qualities," Buki said. "The gap between the quality of the community and the sense of appreciation is the biggest we've seen in the more than 300 communities we've studied."

Closing that perception gap and improving the quality of life and financial outlook of the city are goals put forth in the final draft of the community improvement plan presented by Buki at city hall on Wednesday night.

Changing the environment and the culture will be hard work, Buki said, but without the effort, population declines will continue, the tax base will shrink, and  areas of poverty and neglect will expand.

The turn around starts with the formation of an eight-member working group to study the plan written by the consultants. It has to decide what they got right, what they got wrong, which recommendations to follow, which to reject, and start the process of implementing necessary projects and programs.

The report addresses two key areas of concern -- neighborhood health and downtown viability.

For the neighborhoods, czb is recommending the formation of  22 block clubs over the next three years, and 36 over five years; more celebratory activities such as garden awards, a citywide picnic, events at Muckdogs games and a 10K run.

Buki said the city should look seriously at starting a program -- funded by grants if they can be found -- to buy up to 100 two-family dwelling on strategic streets (Jackson would be an example), convert them back to single-family residences and sell them at fair-market value.

The cost of such a program would be $5 million, but it would pull back good blocks from growing worse and help turn them toward becoming great blocks.

But it's a major effort, Buki said, and isn't something the city can tackle overnight.

For the downtown business district, the obvious white elephant is the mall, which Buki said is a clear failure as a retail space and sucks a lot of life out of downtown.

But the city shouldn't fixate on the mall right now and think it needs to be fixed before doing other things.

"Eventually the mall is going to have to be redeveloped, but we don’t want that to get in the way of everything else you need to do," Buki said.

There is $12.4 million in buying power among city residents that is currently being siphoned off by other communities. Batavia needs to develop a process to bring in new retail businesses and restaurants to help keep that money in Batavia.

Organizing an improvement effort and implementing it will likely cost about $92,000 a year, Buki said. His firm is recommending that the city pick up $50,000 of the tab and that local business owners be asked to contribute the other $42,000 annually.

Turning around Batavia is going to mean believing in the city's future, Buki said, but that kind of cultural change doesn't happen quickly.

"The amazing qualities of Batavia don't make it into the blogs and they don't make it into the paper and the lack of it is eroding the self-confidence of Batavia," Buki said.

Downtown Batavia has a new liquor store -- one that will cater to the wine aficionado while still providing a large selection of lower-priced wine and spirits.

The site is the former shop of 3D Wine and Spirits and the new owner is Christine Crocker, who developed quite a following among wine connoisseurs in the county during her 14 years at her father's place in Le Roy, which he recently sold.

"This (store) was the right time and the right fit," Crocker said. "I didn't want to work for anybody else. I wanted to be my own boss again."

To open, Crocker is stocking 200 different wines, but the Le Roy story had a thousand and Crocker plans to expand the selection at YNGodess Shop.

She will also offer tastings on Friday and Saturday nights from 4-7pm.

"Part of it is educating people, moving them on to something different than they'd been drinking," Crocker said. "That’s the fun part. That’s why there’s so many different wines. Everybody’s got a different palate."

New York wines will figure prominently in the shop, including wine from Three Brothers, a Finger Lakes vintner which is a difficult label for retail shops to stock.

"Because we did well with Three Brothers in Le Roy, they were extremely excited that I was opening my own shop," Crocker said.

Crocker will also carry finer spirits, such as 15-year-old single barrel scotch and top-end bourbons, but there's still room on the shelf for Jack Daniel's.

The location at 73 Main St. is also perfect, said Crocker.

"We're right in the middle of this beautiful city," Crocker said. "I think it's going to be busy. People can pull right up and pull right out. There are a lot of people who work downtown. There are 70 people in the Tompkins (Insurance) Building alone. There's foot traffic. People are out walking at night all summer. I think we'll be busy."

A car has struck a pedestrian on North Lyon Street, Batavia.

The person is down, but injuries are believed to be minor.

City Fire Department and Mercy EMS responding.

It's always easier, and more fun, to make music with friends.

Bill Blind (top photo, left), Paul Runfola and Deborah Sorensen have been friends for 25 years, played in each other's bands, helped with each other's music projects and worked and taught together at Roxy's Music in Batavia.

Two years ago, they decided it was time to form a band and record an album.

The result is Anadrome, both the band and the CD, a poppy, sometimes adventurous collection of original tunes written by the trio.

"I think we were going for something that was interesting but still could appeal to a general audience," Sorensen said.

Runfola agreed. He said that while solos and improvisation were part of the process, the album isn't just a collection of 15-minute jams. The music remains accessible.

"I never forget what it was that got me excited about music as a kid in the first place," Runfola said. "It really didn't have anything to do with advanced musical concepts. A good song is a good song."

Originally from Western New York, Runfolo began pursuing a career in music while on the West Coast in the 1990s. When he returned home, he joined the Celtic rock bank Kilbrannan and after winning some East Coast guitar competitions, Guitar Player Magazine added him to their "Hot Guitarist List."

Sorensen, who operates Wild West Studio in Le Roy, where the CD was recorded, has been a soloist, band member and band leader, playing piano and keyboards. Her recording projects, both as a musician and engineer and producer include film scores, jingles and songs. She's currently music director at City Church in Downtown Batavia.

Drummer Bill Blind has performed in Carnegie Hall, the Eastman Theater and at the Rochester International Jazz Festival, appearing with such acts as Mark Manetta, Chuck Mangione and the Rochester Philharmonic. Besides his work on the CD "Anadrome," Blind performs with Steve Green, Kinloch Nelson, The White Hots and Tina and the Two-Timers.

Blind is on staff at Roxy's and along with Sorensen, and Runfola teaches at the legendary local music store.

The group is just starting to promote its music -- available at Roxy's and Vintage and Vogue in Le Roy -- with a website, Facebook page and tapping into their network of musician friends.

The Digital Age makes it both easier and harder for new music to find an audience, Runfolo and Sorensen said.

"Via the Internet, you have more of a chance to get your material heard without living in a major metropolitan area," Runfolo said. "Before, if you weren't living in New York City, L.A. or Nashville, and you weren't able to attract a major record label, it was like, well, what are you going to do?"

But with new technology comes new competition, Sorensen said, to which Runfolo added, "Now, everybody’s got a recording studio in their basement and everybody wants to be a rock star, or whatever. Just about everybody can put out something that sounds professional because there’s a lot of technology out now that masks the fact that you really can’t do something."

Technology can also be frustrating, Sorensen said.

"We all know computers are great when they work perfectly, but that doesn’t happen all the time," Sorensen said.  "We were very, very lucky that we didn’t lose any takes (even when Sorensen's computer was destroyed by a lightning strike)."

Technology aside, coming together regularly during the 12-month songwriting and recording process was as much about a sense of family, Blind said, as it was the music.

"I've learned, it's more important who you're working with as opposed to what you're doing," Blind said. "There's lots of opportunities to work with this or that person, but you have to have that bond. We're friends, but we're like family. When we're recording, it's a social event. We get together and have fun. We eat and make some music. That's the big thing. It's just an enjoyable thing to do."

That friendship makes the creative process so much easier and more fulfilling, Sorensen said.

"There has to be trust, because music for us is very emotional and very personal," Sorensen said. "When you’re trying to be creative with it, you’re kind of putting your heart on your sleeve a little bit. It helps to really trust the people you’re working with. So you don’t feel stifled or like you can't contribute an idea."

A man who took part in a home-invasion attack on a Batavia resident will serve seven years in state prison, Judge Robert C. Noonan ruled today.

It is the longest possible sentence available to Noonan under the terms of a plea arrangement agreed to by Kevin Andrews, 19, of 144 Bank St., Batavia.

Andrews admitted Dec. 19 to taking part in the break-in, which led to a resident of Woodstock Gardens losing his eye.

"If I could go back in time and take back everything that happened, I would," Andrews said. "I was wrong going into that building and into the premises. Whatever is given, I'm going to accept it and do my best to move on in life and make the best of what happens."

Noonan told Andrews that "there are no do-overs in life" saying the crime led to "horrible, horrible consequences."

After Noonan pronounced sentence, a handful of women in the gallery burst into tears. 

District Attorney Lawrence Friedman opened the hearing asking Noonan to impose the stiffest available sentence, saying that in reducing the charge from a felony with a maximum 25-year sentence to one with only a seven-year max, Andrews already received a substantial break.

"I don’t think anyone could argue the claim that it is a horrible crime," Friedman said.

Christopher Preedom, 18, of 21 Holland Ave., Batavia, was accused of actually hitting the victim and causing him to lose his eye. He admitted to attempted assault.

Also allegedly involved in the attack was Timothy Andrews, 21, of 144 Bank St., Batavia.

A motor-vehicle accident is reported at the intersection of Park Road and Oak Street in the City of Batavia. No one is believed to be injured. City police are responding.

UPDATE 12:41 p.m.: City firefighters are requested to the scene because of a broken/leaking radiator.

UPDATE 1:04 p.m.: Both vehicles are blocking the roadway. Two tow trucks will remove them soon -- a responder says in about five minutes.

UPDATE 1:18 p.m.: All units are back in service.

Joseph S. Rosen, 28, of 4727 Half Center Road, Walworth, is charged with felony DWI, aggravated DWI and criminal mischief, 4th. At 11:07 p.m. Monday, Batavia PD was dispatched to Chapin Industries on Ellicott Street for a report of a car driving on the front lawn of the complex. The driver was allegedly yelling toward the building, trying to get the attention of a worker inside. Officer Darryl Streeter responded and arrested Rosen. Rosen's breath sample allegedly registered .18 BAC. He was held without bail pending arraignment in city court.

Cynthia M. Ritter, 50, of Cohocton Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Ritter was arrested by Deputy Matthew Fleming following an investigation into an accident at 7:05 p.m., Monday, on Marble Road, Pembroke. (Initial report)

Samoni Tai Hazle, 36, of Laredo Drive, Chili, is charged with unlawful possession of marijuana. Hazle was taken into custody while staying at a hotel in Batavia after deputies were called in response to other guests complaining of the odor of marijuana coming from his room.

David Eugene Stupp, 41, of Bennett Heights, Batavia, is charged with harassment, 2nd. Stupp is accused of hitting an estranged girlfriend.

Margaret B. Duffy, 53, of 3233 Pratt Road, Batavia, is charged with DWI, aggravated unlicensed operation, 2nd, operating in violation of a conditional license and consuming alcohol in a motor vehicle. Duffy was arrested by Officer Matthew Lutey following a report at 10:50 p.m., Friday, of a woman passed out behind the wheel of a vehicle with the motor running in a parking lot of a business on Main Street.

A tractor-trailer rollover accident is reported at the Batavia exit on the westbound Thruway. Unknown injuries. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 4:05 p.m.: The accident is blocking both lanes of traffic.

UPDATE 4:07 p.m.: Traffic is heavily backed up. Responders on scene need absorbant material for leaking oil. No diesel fuel has spilt.

UPDATE 4:29 p.m.: The driver is out and uninjured. Traffic delays should be expected for quite a while. Drivers ought to avoid Oak Street. A heavy wrecker / tow truck will be needed at the scene.

UPDATE 4:32 p.m.: Town of Batavia fire and Mercy are back in service. The Thruway Authority's highway supervisor is at the scene in charge of the site.

UPDATE: Photo below taken by reader Brad Riner.

(Second and fourth photos above by Bare Antolos)

The Brockport Blue Devils Ice Hockey Team came into the Section V playoffs as the number-one seed, and were stunned Saturday night in an overtime loss to number-eight seed, the Fighting Irish of Notre Dame.

So stunned, that as Irish players skated toward the victory celebration one Brockport player gave a Notre Dame player a shove and another started yelling and gesturing toward cheering Le Roy fans.

"I think I'm about one of 30 people in the world that's not surprised by this (victory)," said Coach Marc Staley after the game. "In the playoffs, it's all about momentum and we've really been building the past three or four weeks with this team."

Josh Johnston, who had two goals in the night, slipped passed defenders with a pass from Mason Versage and flipped the puck over the glove of Brockport's goalie Justin Keene at 1:03 into overtime to give Norte Dame (9-8-3-1) a 4-3 victory.

Brockport (16-3-2) jumped to a quick 2-0 lead in the first period on goals by Carlos Ross and Tyler Hill, but Notre Dame also scored two first-period goals, one by Johnston and the second by Versage on a penalty shot.

"This is the fifth time this season we’ve come back from a two-goal deficit, so the kids didn’t panic," Staley said. "I’m very proud of them for that. We just went about the game plan."

Brockport took the lead at 3-2 in the second period, but Notre Dame continued to skate tough and held the Blue Devils in check until Zach Blew managed to tap in a goal at 8:15 left in the third period to tie the score and set the stage for overtime.

"We played better as team and ran our systems better in the game than they did," Staley said. "That ultimately was the difference."

Being number one seed kind of worked against Brockport, Staley suggested.

"They were off for 10 days," Staley said. "They got a bye and sometimes that hurts you. You get a little flat. I think we took advantage of that layoff they had tonight."

This isn't the first time Notre Dame has entered the playoffs as the number-eight seed and still managed an upset victory.

"The last time Notre Dame was the eight seed was five years ago and we upset Canandaigua, which was the number-one seed at the time," Staley said. "We’re developing a little bit of a reputation as a giant killer."

Next up for Notre Dame, number-five seed Irondequoit, who beat the four seed, Canandaigua, on Friday, 6-4.

The hopes of a Batavia vs. Notre Dame final were dashed in Webster last night when the Blue Devils dropped their playoff game to Webster, 2-0.

If you have difficulty viewing the slide show below, click here.

To purchase prints of the photos in the slide show, click here.

Cub Scout Pack 6069 has been holding a Pinewood Derby every year going back ... well, it started a long time ago. It's unclear how many years it's been held, but this year the derby went high tech.

Over the summer, the scouts held fundraisers and scraped together $2,000 to buy a new all-metal track and computer system for recording and tabulating results.

The event today was held over 10 rounds -- and was not finished by mid-afternoon, so we don't have winner information yet.

Scouts were given their pinewood kits as Christmas presents and given close to two months to build race cars, which had to follow specific guidelines for size, weight and ground clearance.

Cubmaster Bruce Bartz said he and his son put in more than 80 hours of work getting the new track constructed and ready for the race, which was held at St. James Episcopal Church in Batavia.

If you have trouble viewing the slide show, click here.

To purchase prints of these photos, click here.

UPDATE: Photo of winners with their cars and trophies submitted by Lori Smith.