batavia

A two-car accident with injuries is reported at State Street and Washington Avenue in the City of Batavia. City fire and Mercy medics are responding. It is blocking traffic.

UPDATE 4:40 p.m.: Injuries are minor.

Two Batavia residents were issued tickets in Wyoming County during the opening weekend of gun season for deer hunting.

State Troopers from the Warsaw Station working alongside the Department of Environmental Conservation Police charged 13 people for a total of 20 violations of the Environmental Conservation Law.

They included Daryl S. Mays, who was located on Durfee Road in Middlebury and issued citations for illegal taking of an antlerless deer and failure to tag a deer. He will appear in the Middlebury Town Court.

Also, Rocky D. Gringer, 77, was located on West Middlebury Road and issued a citation for having a loaded firearm in a vehicle. He, too, will appear in the Middlebury Town Court.

The widow of a Wyoming County man who died while in custody of the Genesee County jail has filed paperwork that paves the way for a possible lawsuit against Genesee County, the Democrat & Chronicle reported this morning.

A doctor who was treating Nikko Gambino questions whether Gambino -- who changed his name at some point from Robert Goering -- was given safe access to his prescription medication.

"When somebody is incarcerated you have a responsibility to avoid doing things to them that are going to lead to them dying," said (Dr. Thomas) Walters, a physician based in Livonia. "This is a predictable, preventable death."

Whether Walters' belief is true — namely, that negligence contributed to Gambino's death — could be answered by his autopsy. That autopsy, which would include toxicology results, has yet to be finalized, according to a Genesee County coroner.

As is required in all in-custody deaths, the NYS Commission of Corrections is conducting its own investigation into Gambino's death.

Gambino's wife, Holly Gambino, last month filed a notice of intent to sue the county, alleging in court papers that the death was caused "by withdrawal and other illnesses from medications wrongfully and negligently withheld and/or disallowed by the Jail."

Gambino first made the news locally when he was arrested in September 2010 for impersonating federal law enforcement agents.

He was serving an intermittent sentence in July on that conviction when he was arrested for allegedly smuggling drugs into the jail in a body cavity.

The D&C article says some or all of those drugs were his own prescription medication, which he was allegedly not being allowed to lawfully bring into the jail.

County officials were not able to comment on the case because of possible pending litigation.

There are more trees this year, and more people showed up Friday for the Wonderland of Trees gala at the Holland Land Office Museum, according to Board President Bob Turk.

The display of trees decorated by local groups and businesses runs through Jan. 3, with a children's gala set for noon to 4 p.m. on Dec. 17.

Ann Reid, representing the Genesee Symphony Orchestra, accepts a plaque to be placed on a new display of historical items and pictures donated to the Holland Land Office Museum commemorating the orchestra's long history in Genesee County.

A Batavia resident has been arrested and charged with rape in the first degree.

The alleged rape was reported Oct. 17.

Arraigned in Town of Batavia Court and jailed without bail was Oscar Donaldo Ramirez-Castanon, 33, of Lewiston Road, Batavia.

Ramirez-Castanon is accused of using force for sexual intercourse against a woman in Batavia.

When I stopped into M&T Bank in Batavia late this afternoon, I was greeted by an enthusiastic group of Girl Scouts selling Girl Scout cookies. It's that time of year -- have you bought yours yet?

It's the kind of call that probably doesn't fail to get under your skin, even if you have thick skin. A Sheriff's deputy was called to 3526 Galloway Road in the Town of Batavia within the past hour to check on an emaciated dog.

The poor pooch it seems was left behind when the occupants left. The house is reportedly in foreclosure and a rep for a foreclosure agency contacted authorities about the dog, who was chained up outside, apparently without food, since he sounds to be in bad shape.

Animal control is not on duty today, so it falls to the deputy to get the animal control paddy wagon and rescue Man's Best Friend. No other details were provided.

Wanted: hero.

UPDATE Nov. 19, 1:22 p.m.: I called the animal shelter to find out more about the dog, only to learn that: "The dog was not rescued. It apparently belonged to a neighbor."

So a dog described as being without food and water, "emaciated" and tied up behind a house that is in foreclosure is actually a pet owned by the people next door, or nearby, on Galloway Road. Strange to say the least. Didn't anyone miss him or hear his cries for help? This poor thing is back home. We can only hope that's a good thing.

This week the Genesee County Grand Jury issued the following indictments.

Bradley A. Clark is accused of criminal mischief, 2nd, a class D felony, for allegedly intentionally damaging another person's property on May 22. He is alleged to have damaged a 2007 Ford Fusion in an amount exceeding $1,500. He is also accused of criminal contempt in the first degree, a class E felony, because he allegedly violated an order of protection in the City of Batavia on May 22 and caused property damage exceeding $250. In a separate indictment, Clark is accused of first-degree Gang Assault, a class B violent felony. On July 3, he allegedly intentionally caused serious physical injury to another person and was aided by two or more persons present. In count two of the second indictment, Clark is accused of using a dangerous instrument, his footwear, to seriously injure a person in the area of Center Street in the city. That is a class B violent felony -- first-degree assault.

Ronald L. MacGregor is accused of knowingly using a forged prescription for the drug Oxycodone on Oct. 1, 2010, in the City of Batavia. He is also accused of criminal possession of a forged instrument in the second degree. Between Oct. 5, 2010 and Sept. 28 of this year, he allegedly used a falsely altered prescription for Oxycodone in the Village of Le Roy. Both counts of the indictment are class D felonies.

Shannon M. Graham is indicted for a misdemeanor crime of driving while intoxicated. It is alleged that on June 9, in the Town of Alexander, Graham drove a 2001 Hyundai on routes 20 and 98 while intoxicated. In count two of the indictment, Graham is accused of aggravated unlicensed operation in the first degree, a class E felony. Graham, it says, should have known his license was suspended and that he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine.

Jose L. Morales is indicted for burglary in the third degree, a class D felony, for allegedly knowingly entering a church in Bergen with the intention of committing a crime some time between Jan. 10 and Jan. 11. He is also accused of criminal mischief in the fourth degree, a class A misdemeanor, for allegedly intentionally damaging another person's property. This included a rear door, office doors, furniture and file cabinets. In the third count of the indictment, Morales is accused of petit larceny, a class A misdemeanor, for allegedly stealing money and postage stamps from a church in the Town of Bergen.

I went out to the Genesee Valley Agri-Business Park this morning to meet WHAM13's Sean Carroll and the amount of progress that has been made by construction crews since Tuesday was noticeable.

It was impressive seeing more than a half-dozen pieces of heavy machinery moving around the 81-acre parcel at breakneck speed. There is a clear sense of urgency to complete phase one of construction before the worst of winter sets in.

And seeing the sewer lines being installed felt like another piece of the puzzle falling into place. The Cedar Street sewer line connecting Main Street and the ag park was only finished last week.

PepsiCo started construction as soon as the sewer line project was complete, even though not too many major construction projects in WNY begin in the middle of November. Somebody is pretty serious about being ready to begin physical plant construction in the spring.

Carroll's report tonight on Rochester's Channel 13 will be not just about Project Wave, but the scope of the uptick in activity at the ag park and what it means for Genesee County.

Kevin G. Viehdeffer, 51, of 334 W. Main St., Batavia, is charged with falsely reporting an incident, 3rd. Viehdeffer is accused of calling the Emergency Dispatch Center and requesting an ambulance for himself when he, in fact, did not need medical attention. Investigators claim Viehdeffer made the call merely to test the response time of personnel.

Tori Ann Jewell, 34, Thomas Avenue, Batavia, is charged with petit larceny. Jewell is accused of stealing $16.19 worth of merchandise from Kmart.

Michael Law Kennedy, 26, of Prospect Street, Batavia, is charged with aggravated harassment, 2nd. Kennedy is accused of sending several text messages threatening physical harm to the alleged victim and his family. Kennedy was arraigned in Stafford Town Court and ordered to stay away from the alleged victim.

Press release:

The Batavia Area Jaycees are a group of young adults which organize events to enhance the community and each other’s leadership skills. Their longest-running project has been the annual home show, which they are ending after 58 years.

In its place, they are excited to unveil a much more relevant show to the community in 2012, the Genesee Region Expo.

This new concept will combine the proven components of their old home show with a more extensive representation of businesses in the Genesee region. A wider cross-section of local vendors should attract a greater number of local consumers.

The first Genesee Region Expo or GRE will be held at the Batavia City Centre from 10 a.m. to 5 p.m. on Saturday, March 3 and from 11 a.m. to 5 p.m. on Sunday, March 4. Admission for spectators will be free. There will be plenty of demonstrations, workshops, seminars and entertainment on the center stage all weekend long, plus a food court and raffle opportunities. Many businesses will also have items for sale.

There is space available for nearly 100 exhibitors. Interested vendors can call the Jaycee hotline at 585-343-5775 to request a vendor packet or go to www.jci.cc/batavia. This includes a price schedule which outlines early response and multiple-unit discounts.

The Jaycees are excited about offering this event to the community and look forward to breathing new life into something that has the potential to be of major importance for the Batavia area and Genesee region.

Press release:

A new website, specifically designed to help residents stay informed as the creation of the new city charter unfolds, is now live. The website (www.cgr.org/onebataviacharter) has been launched by the task force, which includes an eight-person committee and the study consultant.

The city and town of Batavia applied for and received a grant from New York State's Local Government Efficiency (LGE) program. After receiving the grant, the city and town engaged the Center for Governmental Research (CGR), a Rochester-based consulting organization with significant experience in local government consolidation, to assist the task force.

Task force members representing the city are Chad Bachorski, Gail Stevens, Dan Jones and Laura Landers. Representatives for the town are Chad Zambito, Judith Cotton, Larry Reisdorf and Marcia Riley. There are two alternates for the task force: city resident Joe Gerace and town resident Alan Koch.

The task force has been charged by the town and city to develop a new city charter that would legally consolidate the two municipalities into one new City of Batavia. The task force is also working to generate a home rule bill that would allow the new city charter to be brought to the citizens of Batavia for public referendum. It is the intent of the governing bodies of city and town to place the new city charter before voters in November 2012.

“The committee is excited to have the website up and running so that we can easily share information with the community,” said Chad Zambito, task force chair. “This is an important project that could have long-term implications on the citizens of Batavia and we hope they take this opportunity to digest the information and make an informed decision.”

Key charter documents and task force reports will be posted to the website, with postings occurring throughout the process. Batavia residents wishing to submit comments and feedback directly to the task force can do so via the website. Residents can also sign up to receive email alerts when significant new information is added to the site.

“The website worked very well during the original Batavia consolidation study,” Zambito said, referring to the analysis conducted by CGR for the city and town in 2008 and 2009, which served as a precursor to the task force’s work. “The committee felt it would be an important communication tool as the process moves forward.”

The Batavia Muckdogs will open their 2012 season at Dwyer Stadium on June 18 versus the Auburn Doubledays.

For fireworks fans, the Muckdogs will be home on July 4.

Popular teams visiting this year are farm clubs for the Yankees (Staten Island), New York Mets (Brooklyn) and the Red Sox (Lowell).

The team will play 38 home games in 2012. Six will be on a Friday.

In addition to the 38 home games the Muckdogs will play at Dwyer Stadium next season, they will also host seven Scranton/Wilkes-Barre Yankee games in 2012. Those dates and times are as follows:

Friday, April 20, vs. Norfolk (Baltimore Orioles Affiliate) at 7:05 p.m.
Saturday, April 21, vs. Norfolk at 1:05 p.m.
Sunday, April 22, vs. Norfolk at 1:05 p.m.
Monday, April 23, vs. Norfolk at 12:05 p.m.
Saturday, May 5, vs. Pawtucket (Boston Red Sox Affiliate) at 7:05 p.m.
Sunday, May 6, vs. Pawtucket at 1:05 p.m.
Tuesday, June 12, vs. Louisville (Cincinnati Reds Affiliate) at 11:05 a.m.

Ticket packages for the Muckdogs and Yankees games, coupon books and season tickets for the 2012 season are all currently on sale. Holiday Packs are also on sale. For just $25, fans can purchase four undated general admission tickets, a T-shirt and a voucher for a 2012 program. They can be purchased by calling 343-5454, or in person at Dwyer Stadium from 9 a.m. to 5 p.m.

Brenda Richardson, manager of Batavia's Coffee Culture location thought an empty room in their building was going to waste, so she suggested turning it into an event center available to the community.

Her bosses apparently liked the idea because Thursday evening, Chamber President Lynn Freeman joined her for a ribbon-cutting ceremony for the new room.

The room is available for rental for parties, meetings and other group gatherings.

The spacious room is decorated with paintings by local artists. The paintings are also for sale.

Among the handouts for chamber members at the ribbon cutting was a flier advertising the availability of the Coffee Culture store to a franchisee. According to the flier, for an investment of about $295,000, you could become the owner of your own coffee house right in Downtown Batavia. SBA loans are available.

Medics have been dispatched to the Genesee County Jail for the victim of an assault.

The victim is unconscious but breathing.

City of Batavia Fire Department and Mercy EMS on scene.

A deputy has also been dispatched to the jail.

A pair of top executives from the company behind a development in the Genesee Valley Agri-Business Park in Batavia were on hand this morning to see the first of several tons of dirt get moved from one spot to another.

Even without a purchase agreement to buy the 81-acre parcel from GCEDC, the company is apparently eager to get this project under way immediately to meet a deadline for product production of early 2013.

The company wants site grading completed before the worst of winter hits.

While the executives did not want to be identified in publication, sources in the dairy industry have fingered PepsiCo as the company likely behind "Project Wave."

It makes sense.

According to a story in the Oct. 14 edition of the Wall Street Journal, Pepsi is embarking on a partnership with a yogurt company based in Germany in an effort to enter the fast-growing yogurt market in the United States.

This would be Pepsi's first foray into the U.S. dairy business, but fits an overall strategy laid out in the business press for Pepsi to grow market share in nutritional foods as the market for soft drinks declines.

The Jacksonville, Fla.-based firm that has led Project Wave through the regulatory process and start of construction is Haskell Architects and Engineers. On its website, Haskell lists PepsiCo as among its clients.

While the executives at the construction site this morning asked that their names not be published, an internet search of one of the executive's names confirmed he is an employee of PepsiCo.

The executive made it clear, however, that Batavia is only one site among four under consideration and his employer hasn't made a final decision on which site it will construct its plant.

It is, however, the site that is being bulldozed. And the company seems eager, and has big plans, to enter the U.S. yogurt market by 2013.

According to Project Wave specs, the plant will eventually employ 600 people working three different shifts on 16 production lines.

Assuming it opens on schedule in 2013, the plant will initially employ 180 people working on three production lines.

Both executives praised GCEDC and the Town of Batavia for having this shovel ready site available.

"There are only three of our four sites in the northeast that would be ready this quickly for production," one executive said. "These shovel-ready projects are key to attracting big companies."

Mike Wheeler, the project's architect, was also on site this morning and reiterated the importance of having all of the regulatory approvals in place, along with the infrastructure necessary for the project to get started right away.

"My hats off to these guys," Wheeler said. "They put the community in the best possible position for this project."

When an as-yet-unnamed company breaks ground on a development project Wednesday morning, it could mean as many as 600 new jobs in Batavia some day, and it will mark the end of a 15-day sprint to get the project pushed through the local and state regulatory process.

At the end of Tuesday's Town of Batavia Planning Board meeting, where a site plan and a change in the parcel map were approved, Chris Souzzi, VP of business development for GCEDC, said the swiftness of the approval process proves why shovel-ready business parks are so important.

"We can see now why we need these parks," Souzzi said. "Here we have a company that wants to build this fast, and in 15 days, you (the planning board) just approved a site plan. That's huge and that's why they're here."

Michael Wheeler, representing "Project Wave," as the secretive food-processing development is known, said the fact that the nine-month-long environmental review process had already been completed for the Genesee Valley Agri-Business Park, plus the review was a spot-on match for the kind of site contemplated in Project Wave, were huge factors in the client picking Batavia.

That said, not much is in writing yet.

The company has yet to close escrow on the 81-acre parcel and land in Avon and two already graded parcels in Pennsylvania are still, at least marginally, in the running for the big plant.

And the plant is big. In phase one, it will exceed 300,000 square feet, and if built out fully will have a 120-foot high cold storage tower (modeled after a similar automated storage tower owned by Wegmans near the airport in Rochester).

On day one, if it opens on schedule in January or February of 2013, the facility will employ 180 people and operate three production lines. At full build-out, the plant will employ 600 people on 16 production lines, all working in three daily shifts.

Grading and foundation preparation work begins at Wednesday morning and the unnamed company wants to see work completed by the end of December, according to Wheeler.

"At that point, it just gets so miserably cold up here that us Southerners can’t work any more," said Wheeler, who lives in Florida.

The company isn't scheduled to take possession of the property until the fall of 2012, when it will start moving in its production equipment.

UPDATED to add a picture I forgot to post last night of Mike Wheeler, left, and Paul Marchese.

Genesee County's two Catholic elementary schools are apparently planning a merger, according to a letter sent home to parents.

The letter obtained by The Batavian was sent to parents of children at St. Joe's in Batavia and Holy Family in Le Roy. It states:

Local leadership has agreed that the schools will reconfigure next September for the beginning of the 2012-13 school year. Following a thorough analysis of several reconfigurations, the model emerging as one of the favorites: Pre-K to 8 and an after-school programs at the current St. Joseph School site; Pre-K and an after-school program at current Holy Family site.

The letter states that a name has not yet been selected for the reconfigured school.

The letter is signed by Kevin Robertson, principal of Holy Family, and Karen Green, principal of St. Joseph School.

The reason for the merger, according to the letter, is driven a lot by the declining elementary school population in Genesee County.

The number dropped by 7 percent from 2000 to 2010, according to the letter.

"We need to meet the spiritual and pastoral needs of all of our parishioners," the letter says. "That requires a more equitable distribution of parish income."

Discussions among local leaders began in the early fall, according to the letter, which invites parents to provide feedback on various options for curricula and programs in the reconfigured school.