batavia

Press release:

After 16 plus years, Sue Gagne is leaving the Mental Health Association (MHA) of Genesee and Orleans Counties. The search process for the new executive director has begun. Michele Sformo, assistant executive director, will serve as interim executive director.

Gagne began her career at the MHA in a part-time support position. After several promotions over the years, she was named executive director in 2013. Gagne is only the third executive director to serve the organization since its founding in 1993.

“We’ve had three extraordinary executive directors over the course of our history,” said Russell Cornman, board president. “All have had a deep, shared commitment to our mission and, at the same time, each has brought their own unique skill set and passion to the position.”

Incorporated 23 years ago, the MHA was started by a dedicated group of volunteers, led by Constance E. Miller. Their vision was to provide support services for those suffering from mental illness in Genesee County and, after years of planning, the Social Club opened in a small space on Main Street in Batavia. Dorothy Wentland was the agency’s first executive director, and those who walked through the door in those early years were welcomed by both their peers and a small but caring staff.

In the intervening years, the MHA expanded both its space and its services to include transportation, outreach and community education, advocacy and services to individuals diagnosed as mentally ill and chemically addicted. And in 1995, under the leadership of its second executive director, Millie Tomidy-Pepper (herself a 20-year employee of the MHA), the MHA received funding to start a peer-to-peer Warm Line. The Warm Line is a model in New York State, and the MHA of Genesee and Orleans Counties remains one of only a few MHA’s statewide to provide this service.

Ever responsive to the growing and changing needs of its consumers and the community, in 2015 the MHA launched the Visions of Hope Recovery Center, a peer-directed program designed to help individuals with mental health challenges reach their full potential through support and encouragement. And, in the Fall of 2015, the Mental Health Association of Genesee County joined forces with Orleans County to become the Mental Health Association of Genesee and Orleans Counties. Office and program sites are now in both Batavia and Albion.

Go to www.mhago.org for information.

Lily has been granted clemency, at least for now.

Public Defender Jerry Ader, attorney David Fitch, representing the city, and City Court Judge Durin Rogers held meetings over the past two days and came to an agreement that will spare Lily her life, potentially, while the conviction of Duty Caswell for harboring a vicious dog will stand.

As part of the agreement, Ader withdraws his motion challenging Caswell's conviction and will file a new motion to vacate the sentence. That should happen in about two weeks.

In the meantime, Fitch must find a dog behavioral specialist who can certify that Lily is redeemable.

Rogers issued an order in May to have Lily put down as a vicious dog because of an incident on Hutchins Place on March 7 where she bit a 13-year-old boy.

She didn't help her case when she bit the Sheriff's K-9 deputy.

But folks at the Animal Shelter believe Lily is worth saving and rallied to her cause. They secured space for her with the Kramer Foundation, which specializes in rehabilitating dogs declared vicious and slated for euthanasia. 

Previous: Lily's fate hangs in the balance as City Court judge set to hear appeal tomorrow

A semi-truck is reportedly on fire in the parking lot of Cargill on Wortendyke Road, Batavia.

East Pembroke fire is responding.

UPDATE 7:15 a.m.: It's an electrical issue. It keeps reigniting. They're going to have to cut cables, says a deputy on scene.

UPDATE 7:22 a.m.: Fire is out.

A big crowd on was on hand, including Nashville recording artist Ricky Lee, for the ribbon cutting of the Made in America Store at Batavia Downs on Wednesday.

Founder of the Made in America Store, Mark Andol, said that the idea began to develop quickly after the key players converged in July of this year.

"I'll tell you Ricky Lee, a sponsor of us, ambassador of Made in America Store for six years actually, you know, me and Mike Nolan (Batavia Downs executive) and Rick had been talking about different things, and Thurman Thomas is kind of an ambassador. Tie in Rick with the music and one thing led to another. I mentioned to Mike 'why don't you put a store in here?' he said 'I would if I had a store' and one thing led to another and here we are today.”

For more coverage of the opening, visit WBTAi.com.

Photo and information from our news partner, WBTA.

The former Muller Quaker Dairy plant in the Genesee Valley Agri-Business Park is a big, gorgeous (if you're into such things), state-of-the-art dairy processing facility and Dairy Farmers of America officials think it has great potential. But they just don't know what to do with it yet.

DFA has yet to submit planning documents to the Town of Batavia and at the County's Ways and Means Committee. Today, Steve Hyde, CEO of the Genesee County Economic Development Center, said there are ongoing negotiations about the future of the plant, but he can't discuss them.

Hyde did say there are businesses interested in acquiring the plant outright and DFA is in negotiations with potential partners, but nothing is settled to date.

"They are fully committed to bringing milk into the plant and sending out dairy products," Hyde said.

There will be jobs in that plant again, Hyde said. It's just a matter of when and what business model either DFA or some other suitor decides to pursue.

Negotiations are ongoing.

DFA acquired the plant, which cost $206 million to build, for $60 million in January.

PepsiCo and Germany-based Muller Dairy formed a joint venture, Muller Quaker Dairy, to create tasty yogurt products designed to capture a portion of the growing Greek yogurt market, though the yogurt produced by the plant wasn't exactly Greek yogurt.

Whether through lack of marketing (either enough of it or the right message), lack of good distribution or lack of consumer interest, the product never caught on (though there was, according to sources, $100 million in first-year sales); the joint venture was dissolved and the plant closed in December 2015, costing about 200 people their jobs.

There are, we are told, still three former Muller employees on site, keeping the plant maintained so that when somebody does decide to do something with it, everything is in working order.

How much money Muller lost on the joint venture isn't known, because Muller isn't a publicly traded company. PepsiCo is, and the company took a $78 million impairment charge in 2015. An impairment charge is a somewhat complex accounting term that can mean a write-off on a loss of fair market value.

With gross sales of more than $66 billion annually and a net profit of nearly $10 billion, the write-down warranted nothing more than a footnote in PepsiCo's 2015 annual report.

The Wave Project, as it was initially known, did receive some subsidies along the way to assist in construction and starting production, but Muller Quaker never qualified for all of the subsidies it signed up for.

The PILOT (Payment in Lieu of Taxes), mortgage tax abatement and sales tax abatement on construction totaled about $11 million, but Muller Quaker never benefited from most of that tax relief. Since the PILOT is spread out over a 10-year span, as a reduction in property tax on the increase in assessed value, with the size of the abatement declining over time, Muller Quaker doesn't benefit for any of the PILOT relief from 2015 onward. The new owners, DFA, or other, could benefit from the PILOT until it expires (or is replaced by a new agreement as part of a new business being established).

From Empire State Development, Muller Quaker was promised $4.5 million in tax credits tied to job creation. As a result of creating 446 jobs in 2013 and 2014 (the number is combined for the two years -- one job in one year warrants credits for that year, and the same job, still in place, counts in the second year, and so on), Muller Quaker received $556,446 in tax credits, not the $4.5 million originally offered.

The company was offered, and received, $995,000 from New York State Homes and Community Renewal.  The grant was based on meeting specific investment and job-creation goals. 

New York State Energy Research and Development Authority (NYSERDA) also made a commitment for nearly $2 million to offset the cost of installing energy-efficient equipment and HVAV measures that would lower costs at the plant. Only $1.2 million had been awarded prior to the plant closing.

The New York Power Authority awarded a 1.3-megawatt grant of power under the ReCharge NY program and the plant used the full allotment of the grant.

Lily, who likes to chase bubbles, has her life on the line.

In May, Judge Durin Rogers declared Lily a vicious dog and ordered her destroyed within 30 days.

Lily has had a stay of execution, so to speak, as volunteers and others have taken up Lily's cause, and the cause of her previous owner, Duty Caswell, to try and save her life.

Caswell has already surrendered ownership of Lily, and the Kramer Foundation, which specializes in rehabilitating dogs deemed vicious, has written to Rogers and confirmed an interest in obtaining Lily.

Lily's fate may rest on a hearing in City Court tomorrow (Thursday) on an appeal of Caswell's conviction of harboring a vicious dog.

The appeal was written by Public Defender Jerry Ader who stepped in after Caswell's conviction.

Ader's appeal rests on two primary points:

• Caswell was not represented by counsel. He was not granted assigned counsel and did not hire his own attorney.
• Caswell was convicted under Batavia's Municipal Law. A case in 2010 overturned a similar conviction because that local law, in Nassau County, was deemed void by conflicting with state law. Under state law, Lily would not be considered a candidate for euthanasia. 

Lily was taken into Animal Control custody on March 7 after she bit a 13-year-old boy on Hutchins Place while keeping a frightened woman pinned down as she screamed and Lily circled her.

At Caswell's hearing, the prosecution called three witnesses and Caswell produced no witnesses or testimony on his behalf. Rogers issued his decision after a short recess.

At some point, K-9 Deputy Chris Erion was called in to evaluate Lily. Lily bit him.

Erion confirmed he was bitten (his duty pants have a small tear, but he wasn't hurt) and said that Lily, with her current behavior, wouldn't be a good candidate as a family dog or a police dog. 

Volunteers with Volunteers for Animals believe that with proper training and socialization, she is redeemable. She is high energy and can't be trusted unsupervised, but they said she's fine when given a job to do, such as chase bubbles.

"Having a young, high-strung dog is difficult for anybody," said one volunteer. "Give her something to do and she's fine."

Another person at the shelter said, "With proper exercise and mental stimulation she is fine."

Erion, among others, said it was later learned that Lily may have given birth to a puppy prior to the March 7 incident, and her puppy was taken away from her. That would typically cause behavioral issues, both folks at the shelter and Erion said.

The hearing is tomorrow at 1:15 p.m.

File photo from March 7. The gentleman with Lily is a friend of Caswell's.

Press release:

An FBI Special Agent will address issues of cybersecurity at a free public forum Thursday, Oct. 6, at Genesee Community College.

It will be held from 12:30 to 2 p.m. in the Conable Technology Building / Room T102, located at 1 College Road, Batavia.

In an age of online convenience, security threats are always a looming possibility. Through Internet shopping, banking, social networking and mobile apps, we all have a cyber presence that needs to be protected.

October is National Cyber Security Awareness Month, which is designed to engage and educate public and private sector partners through events and initiatives to raise awareness about cybersecurity, provide tools and resources needed to stay safe online, and increase the resiliency of the nation in the event of a cyber incident. 

The Criminal Justice Club of Genesee Community College and members of the College's Computer Services Department, Computer Repair Club and GUSTO (Genesee Unites to Support Team Opportunities) are hosting this special guest speaker, a Supervisory Special Agent of the Buffalo Division's Cyber Squad. It brings together local, state and federal intelligence community experts to combat computer intrusions, viruses and other cyber threats.

A question-and-answer session will follow the presentation.

The FBI leads the national effort to investigate high-tech crimes, including cyber-based terrorism and espionage, computer and network intrusions, and major cyber fraud and identity theft. To stay in front of current and emerging trends, the FBI gathers and shares information and intelligence with public and private-sector partners worldwide.

It's taken 26 years for sludge to build up to about a three-foot depth in one of the processing ponds at the Batavia Wastewater Treatment Plant, but that buildup has reduced the pond's capacity by about 50 percent, so it's time to have it removed.

A removal project is now underway that costs about $1.3 million and is being conducted by contractors who specialize in sludge removal.

The process involves pumping the water-logged sludge out of the pond, screening it for large objects -- shoes, bottles, rocks -- and then sending it through one of two centrifuges, which use gravitational force and a polymer to separate the sludge from the water. The water is pumped back into the pond and the sludge is sent up a conveyor belt and dumped into a truck before it is hauled to a landfill.

Initially, the original estimate for the project was eight weeks, but a second centrifuge was added and now the contractor is processing a truckful of sludge every 90 minutes, to fill at least eight trucks a day, reducing the project timeframe to about four weeks.

Jim Ficarella, superintendent of water & wastewater for the City of Batavia, provided a tour of the project yesterday.

The water that has been squeezed from the sludge just before being piped back to the pond.

There will be about 2,100 dry tons of sludge removed from the pond.

One of the two centrifuges being used.

The pipelines that draw sludge from the pond and return water to the pond.

The screening process for removing large items that have inadvertently fallen into the pond.

The pond with sludge that has floated to the surface and been pushed by the wind to the eastern shoreline.

Ficarella said they know they won't get 100 percent of the sludge out of the pond, but they'll get most of it.

This pond is the second stage of the process. By this point, the wastewater has been at the plant for about three months. The whole process, which includes passing the wastewater through several ponds and a series of wetlands ponds, takes about a year. The clean water is pumped into Tonawanda Creek. 

See our previous story: Batavia Wastewater Treatment Plant, one of city's hidden treasures

The plant remains a birder's paradise, with birders traveling, literally, from all over the world, to visit the plant.

Holden W. Byer, 25, of East Main Street, Batavia, is charged with: unlawful possession of marijuana; second-degree obstruction of government administration; resisting arrest; and criminal mischief in the fourth degree. He was arrested at 8:42 p.m. on Sept. 10 on East Main Street in Batavia following a "check-the-welfare" complaint. While being interviewed by police, Byer allegedly attempted to run from police and resisted arrest by pushing and punching police while thrashing about. He was taken to UMMC for a medical evaluation and while in the emergency room he allegedly caused damage to a wall by punching, kicking and slamming furniture into it. He was jailed on $1,000 bail and was due in City Court on Sept. 12. The case was handled by Batavia Police Officers Jason Ivison, assisted by Sgt. Dan Coffey.

Christopher J. Rockefeller, 35, of North Spruce Street, Batavia, is charged with second-degree assault with a dangerous instrument. He allegedly struck a female in the face with a fan at 9:45 p.m. on Sept. 17 on North Spruce Street. He was arrested, arraigned in City Court and jailed without bail. He was due in court Monday (Sept. 19). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk.

Cirlio Martinez-Jose, 29, of Federal Road, Piffard, is charged with second-degree harassment and criminal obstruction of breathing or circulation. He was arrested at midnight on Sept. 18 following a domestic incident at an apartment on Maple Street in Batavia wherein he allegedly pushed and grabbed the victim by the neck and obstructed her breath. He was jailed on $2,500 cash bail or bond. He was due in City Court on Sept. 19. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Matthew Wojtaszczyk

Travis L. Bartz, 21, of Trumbull Parkway, Batavia, is charged with second-degree harassment and thrid-degree menacing. Bartz was arrested at 5:20 p.m. on Aug. 28 on Trumbull Parkway following a physical altercation in which he allegedly physically menaced and attempted to punch another male. He was issued an appearance ticket and is due in City Court on Sept. 27. The case was handled by Batavia Police Officer Arick Perkins.

Keanon S. Williams, 39, of West Main Street, Batavia, is charged with two counts of second-degree criminal contempt. He was arrested on Sept. 18 following an investigation into two incidents in Batavia wherein Williams allegedly violated an order of protection by contacting the protected party. The first incident occured at 4:38 p.m. on Sept. 1 on Harvester Avenue. The second incident occured at 2 p.m. on Sept. 7 on West Main Street. He was arraigned in City Court, then jailed in lieu of $2,500 bail. He was due in court Sept. 19. The cases were handled by Batavia Police Officer Stephen Cronmiller.

Kamre H. Green, 18, of Elm Street, Batavia, is charged with: driving while intoxicated; reckless driving; unauthorized use of a vehicle; unlicensed operator; and following too closely.  Green was arrested at 1:22 p.m. Sept. 13 on Oak Street after allegedly operating a motor vehicle, which he did not have permission to take or use, while intoxicated. Green struck a motor coach bus which was stopped in traffic after making an unsafe U-turn and traveling at an excessive speed, according to the police report. A small amount of marijuana was also allegedly found in the vehicle. Green was arraigned in City Court and jailed in lieu of $1,000 bail. He was due back in court on Sept. 15. The case was handled by Batavia Police Officer Jamie Givens, assisted by Sgt. Dan Coffey. 

Randall James Draper, 30, of Adeline Road, Rochester, is charged with: aggravated unlicensed operation in the second degree; unlawful possession of marijuana; operation of a motor vehicle by an unlicensed driver; and operating a motor vehicle with an insufficient exhaust. Draper was arrested at 8:45 p.m. on Route 77 in the Town of Pembroke following a traffic stop. He was arraigned in Town of Pembroke Court and jailed in lieu of $1,500 cash bail. The case was handled by Sheriff's Deputy Eric Meyer.

Bryan D. Bates, 37, of Mill Street, Batavia, was arrested Sept. 19 on a bench warrant out of Batavia City Court for failure to appear. He was arraigned in City Court then released. He is set to return on Sept. 22. The warrant stems from an unspecified incident which occurred at 1:47 a.m. on Nov. 9, 2014. The case was handled by Batavia Police Officer Jamie Givens.

Tyler A. Stoddard, 21, of Meiser Road, Corfu, is charged with failure to appear. He was arrested this morning on a warrant out of Batavia City Court. He was issued an appearance ticket for City Court and released. The charge stems from an unspecified incident which occurred at 8:05 p.m. on July 16 at 300 Ellicott St. in Batavia. The case was handled by Batavia Police Officer Stephen Cronmiller.

Mary-Clare Stokes gets a strike of blue hair weaved into her own as part of Spirit Week at Genesee Community College and to honor the college's 50th anniversary.  Kassandra Bowen, of The Mane Attraction Salon & Spa, is performing the weave. Staff from Mane Attraction were in the Student Union this afternoon to provide the weaves to any students who wanted them. It was all Stokes' idea.

All summer, we've watched the water level drop at the lakes off Cedar Street, including DeWitt Recreation Area, where a land bridge that probably hasn't been seen since the 1970s re-emerged as WNY has suffered through a rare drought.

Yesterday, County Highway Superintendent Tim Hens told county legislators that the level has been dropping about a third of a foot every two weeks, but this afternoon we learned that trend may be reversing.

Jim Ficarella, superintendent of water & wastewater for the City of Batavia, said he took a new measurement of the aquifer this morning and found it has risen more than a third since his previous measurement.

The aquifer not only supplies some of the city's water, it also replenishes the lakes.

The aquifer level and the lake levels have dropped pretty much in unison, Ficarella said, but there may be a lag in replenishing the lakes as the aquifer comes back.

Of course, it will take more rain, and in the winter, more snow, for the levels to recover to pre-drought levels.

Meanwhile, the city and county have an ample water supply from the Monroe County Water Authority.

The inductees into the 15th annual Batavia Blue Devil Athletic Hall of Fame were announced this afternoon.

They are:

• David Dedman (1989)
• Karen Thomas Dupuis (1982)
• Christopher Kane (1986)
• John McGowan Jr. (1995)
• Frank Pontillo (1991)
• Susan Salvador Tresco (1986)

Biographical information about the honorees has not yet been released.

They will be honored at Terry Hills Restaurant and Banquet Facility in Batavia on Saturday, Oct. 22.

Cost is $30 per person. Social hour begins at 5; dinner is at 6.

Tickets are available at the Athletic Directors Office at Batavia High School.

For more information, call 343-2480, ext. 2003.

This event is sponsored by the Batavia Coaches Association.

Press release:

A free series of five classes on exploring your family history will be offered at Richmond Memorial Library on Tuesdays beginning Oct. 4.

Classes start at 6 p.m. and run weekly through Nov. 1.

Have you ever wondered about your ancestors -- who they were, where they came from, or what you have in common with them?

This is an excellent opportunity to start a geneology search and explore your family history.

Contact the library at 343-9550 to register.

William Glenn Walters, 37, of Wolcott Street, Le Roy, is charged with disobeying a court mandate. Walters was arrested at 6:37 p.m. on Sept. 19 following a domestic incident on Warsaw Road in the Town of Le Roy. Walters allegedly violated a Family Court stay away order of protection. He was released on an appearance ticket returnable to Town of Le Roy Court on Oct. 17. The case was handled by Sheriff's Deputy Michael Lute.

Amber Meadows, 25, of Canandaigua, was arrested on Sept. 16 by SP Batavia Troopers on a warrant issued by the Town of Batavia Court for petit larceny. She is accused of stealing $638 worth of merchandise from the Target store in Batavia on Aug. 8. Meadows was arraigned in the Town of Batavia Court and released with a return court date. Troopers then turned Meadows over to the Ontario County Sheriffs Office where she was wanted on another warrant.

Press release:

This week is National Passenger Safety Week (Sept. 18-24). As part of the campaign, National Safety Check Saturday will be hosted by the City of Batavia Fire Department this Saturday, Sept. 24, at City of Batavia Fire Headquarters, located at 18 Evans St. in Batavia. It begins at 10 a.m. and ends at 2 p.m.

Nationally Certified Technicians will be able to ensure your child passenger's seat is installed correctly and answer any questions caregivers may have regarding installation, selection and the use of car seats.

Motor-vehicle crashes are the leading cause of injury death for children ages 1 through 12. Most tweens (8- to 12-year-olds) seriously injured or killed in crashes were not wearing seat belts or were wearing them incorrectly. Tweens are also more likely to get hurt in crashes when riding in the front seat. Many deaths and injuries could be prevented if children were properly secured in an appropriate child restraint.

Many parents and caregivers assume they know how to choose and use the correct child restraints for their children, but sadly these restraints are frequently used incorrectly. In fact, three out of every four children are riding at an increased risk of injury because their car seats are not being used correctly.

As always, technicians are available by calling Fire Headquarters at (585) 345-6375 to schedule an appointment.

A caller reports a fight just breaking up on Highland Park, Batavia.

Eight to nine people were reportedly involved.

There is a report of a possible injury.

Police are responding.

One person who ran from the scene has been identified by a witness.

UPDATE 11:18 a.m.: Police transmissions have gone encrypted.

Tonight the family and friends of Kevin Woodhams (nee Kyeongseop Kim) will gather to share fond memories of his life at Michael S. Tomaszewski Funeral & Cremation Chapel on West Main Street Road in Batavia.

The 25-year-old native of Ulsan City, South Korea, only arrived in America in February and is said to have fallen in love with it instantly.

He was a stargazer who enjoyed watching the night sky. He liked our local parks and loved listening to music.

Kevin also was a shopper at Wegmans, an aficionado of Starbucks, a nosher at McDonald's. But he also enjoyed his favorite Korean cuisine (perhaps bulgogi or a hot stone bowl of bi bim bap). 

He died unexpectedly on Labor Day, Monday, Sept. 5.

For his complete obituary, click here.

For previous coverage, click here.

Press release:

Officials from Western Region Off-Track Betting Corporation (WROTB) and the Made in America Store today announced their partnership to bring a Made in America Store to Batavia Downs. The grand opening of the new store and ribbon-cutting ceremony will take place at 4:30 p.m. on Wednesday, Sept. 21, in the lobby of Batavia Downs on Park Road. A performance by Nashville Recording Artist Ricky Lee will follow the ceremony at the facility.

The Made in America Store, which started with just 50 products, today carries 7,000 products from more than 500 U.S. manufacturers, all 100-percent American made. The Store is headquartered in Elma, New York.

“We are proud to partner with Batavia Downs to bring our line of American-made products to the great people of Genesee County and the many tourists and visitors who’ve made this venue a world-class destination,” said Mark Andol, founder of the Made in America Store. “The people of this community are as patriotic as any you will find across the country. We are confident that this store will be one of our busiest and most successful locations.”

For Western Region Off-Track Betting Corporation, the Made in America Store will be its first retail venture on the grounds of Batavia Downs.

“Over the years, we’ve had a multitude of opportunities to partner with entities from the retail sector at Batavia Downs,” said Henry Wojtaszek, CEO/president of WROTB. “In deciding to partner with MIA, the decision was not a difficult one; we both support American workers, jobs in this community, and American jobs across the country.”

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Regional OTB is a public benefit corporation with headquarters in Batavia, NY. WROTB owns and operates 29 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility. Since its inception, Western OTB has generated over $215 million in operating and surcharge revenues to the taxpayers of those participating municipalities.

“As a public benefit corporation, it is imperative that every decision we make is in the best interests of the 17 municipalities that encompass the corporation and share the revenue generated by the corporation,” Nolan said. “I can’t think of a retail collaboration that fits better into our mission than partnering with MIA.”