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The Batavia Lions Club hosted its annual Bike Tour in Batavia Saturday. 

Photos submitted by John Murray.

A seven-run eighth inning propelled the Batavia Muckdogs to victory in the team's 2014 home opener in front of 1,400 fans.

A three-run double by Miles Williams broke the eighth wide open after the Muckdogs trailed Auburn throughout the game 2-0.

Alexander Carreras got the win, tossing three scoreless innings. Starter Jose Adames went five innings, giving up the two runs on two walks and five hits. He fanned five.

The Muckdogs were held to only six hits on the evening, with second baseman Rony Cabrera collecting two hits.

Batavia is 1-1 on the season and meet up with Auburn again today at 2:05 p.m. at Dwyer Stadium. Next home game is Monday at 7:05 p.m.

Photos by Mike Janes.

Top photo: Shortstop Aaron Blanton slides home safely during the team's seven-run eighth inning.

Manager Angel Espada is introduced before the season opener.

Shortstop Aaron Blanton poses for a photo with Ann Gavenda after she threw out the ceremonial first pitch; Gavenda was in attendance during the 1939 opener.

First baseman Scott Carcaise tags Jose Marmalejos-Diaz on a pickoff attempt, however Diaz was called safe.

Catcher Rodrigo Vigil at bat.

Two young fans participating in the three-legged race in between innings.

Young fan gets to hit Muckdogs General Manager Travis Sick in the face with a pie after answering a trivia question correctly.

Relief pitcher Alexander Carreras, the game's winning pitcher.

 Outfielder Ryan Aper leads the celebration after the Muckdogs defeated Auburn 7-2.

Things really didn't go Notre Dame's way in what turned out to be the baseball team's final game of the season.

Nobody wanted it to end this way, with a 7-1 loss to Smithtown Christian in the Class D semi-final game for the state championship, but Coach Mike Rapone said he told his players to hold their heads high.

"I tried to joke with them that if I told you the first day of practice that, 'you know what, we're going to lose in the state semi's,' I think you might have signed up for it," Rapone said.

Starting pitcher Alec Covel agreed. Clearly pained by the loss, he said he still recognized the Fighting Irish accomplished a lot this year, more than they might have thought possible at the start of the season.

"It's been fun," Covel said, not at all sounding like it has been fun. "I'm going to tell my kids about it someday. It's something to look back to."

Covel clearly had a reason to be disappointed. The ace of the staff, and a big reason Notre Dame made it this far, Covel struggled with his control all afternoon.

He walked the first two batters he faced. Both would score, because of throwing errors, even as Covel recorded all three outs in the inning on Ks.

"I was battling the whole time, pitching from behind and it showed," Covel said.

After the top of the first, Covel went with a coach into the bullpen to throw more.

"I was working on a drill to get over my front side," Covel said. "The mound was flatter than usual and I couldn't get over my front side and I was leaving pitches up."

Catcher Andrew Mullen said he thought Smithtown's hitters did a good job of not letting Covel establish a rhythm.

"The took their time in there, like any good team would," Mullen said. "I think that shook him up and then after that, things really didn't go our way, so he couldn't get comfortable."

Mullen thought Smithtown's starter, Jack Palma, who threw a complete game, threw harder than pitchers Notre Dame has faced recently, but he wasn't unhittable.

In fact, Notre Dame put a lot of balls into play, just not too many of them were hit hard or turned into hits.

"Anything in the infield they would chew up and it was an out for them," Mullen said. "That definitely helped them."

Rapone said Palma wasn't at all overpowering.

"All he threw was a fastball and a change up, but he was keeping us off balance," Rapone said. "We only hit the ball hard but a few times, so you've got to give him credit. Whatever he was doing was working."

Even though Covel walked four, he struck out six and Rapone said he pitched well enough that Smithtown should not have been able to put seven runs on the board.

"If we made some plays behind him, it's a lot closer game," Rapone said. "But they're a good baseball team. They didn't make too many mistakes. They were patient at the plate. They didn't help us out with anything, and we threw the ball around a little bit, misplayed a ball in the outfield we probably should have caught, and that's what happens. When you get to this level, the team that executes better wins. They executed better, so they won."

A team that has been relaxed all year may have found it a little harder to get loose for such a big game, Rapone said.

"I was surprised that, as loose a group as this has been all year, they were a little tight before the game, and then they started playing that way," Rapone said. "I think if we could have gotten out of the first inning, as we probably should have, without giving up anything, maybe we would have relaxed a little bit."

Mullen agreed with Rapone's assessment.

"We were a little nervous coming into this," Mullen said. "It was a lot of pressure on us. We had been really relaxed to this point, but I think being in the final four finally caught up to us. I think a little bit of nerves got to us, and he (Palma) was a good pitcher."

In the final, Smithtown beat Hancock 7-3 to take the state's Class D title.

We'll have a slideshow of more photos available in the morning.

Notre Dame supporters, reminder, it would be a big help with the expense of this coverage if you joined The Batavian Club.

Smithtown Christian celebrated a first-round victory over the Fighting Irish of Notre Dame this afternoon at Broome Community College in Binghamton. Smithtown won 7-1, eliminating Notre Dame from the state championship series.

We'll have a game story and photos later (long drive back to Batavia before I can work on it).

Executives at P.W. Minor, a locally founded, 147-year-old business, reportedly told employees today that the firm is closing July 31 and the workers will be out of their jobs.

Employees posted about the announcement on Facebook and The Batavian contacted two employees directly. One wouldn't comment, the other confirmed the announcement.

The shoe-manufacturing company was founded in 1867 by two Civil War veterans who originally called their company Minor Brothers Boots and Shoes.

The Batavian e-mailed P.W. Minor's CEO Wally Hinchey at about 6 p.m. seeking comment and has not received a response.

A year ago, Town of Le Roy officials took a look at 118 acres of land on its books and decided the town really had no short-term nor long-term use for it, so they decided to put it up for sale.

That decision came under fire from about five local residents at the town board's Thursday meeting.

The parcel is being sold to Zoladz Construction Co. for $95,000. Zoladz plans to open a facility to recycle municipal green waste and concrete from reconstruction projects.

Neighboring landowners are concerned about the noise, the dust and the possible pollution.

"We don't dispute your right to sell it," Thomas Ryan said. "It's who you sold it to."

Supervisor Steve Barbeau spoke at length about the history of the property and the decision to sell it. He said the sale was advertised in the Le Roy PennySaver and the Genesee Valley PennySaver and he wrote about it in his column for the Le Roy PennySaver.

In the end, only two potential buyers came forward: One offering about $40,000 and Zoladz.

The lower bid came from an outdoor club that would have used the property for hunting. 

Town Attorney Reid Whiting said the town tried to convince the club to increase its bid, but the club leadership said that just wasn't possible.

The board didn't act on Zoladz's offer right away. Instead, Barbeau took the issue to the Le Roy Business Council for advice and feedback.

Members there, he said, supported accepting the higher bid from the commercial business, getting the property back on the tax roles.

The board held another public meeting about the issue and then decided to accept Zoladz's purchase offer.

It's still not a done deal, Barbeau said, and even once the property is conveyed to Zoladz, the company must still seek DEC permits and get zoning approval.

While the property is in an industrial zone, the list of permitted uses in Le Roy's industrial zone doesn't include green waste and concrete recycling. The company will need a variance for such an operation, which must be approved by the Zoning Board of Appeals and the Town Board.

The parcel is located off Neid Road, just north of Gulf Road, in an area dominated by Hanson and Dolomite quarries. It's near the Lehigh Railroad derailment site, which Barbeau noted the town got an unrequested reminder about a couple of years ago.

Tom Dintruff and other neighbors raised concerns about possible pollution at the site.

At one time, the site was a quarry, then in the 1940s, it became a town dump. In 1979, a fire shut it down.

The fire burned for 10 days with various fire departments dumping water on it to try and control it, Dintruff said.

Dintruff said one local business owner advised against even trying to put the fire out, especially with water.

"You don't know what's in there," Dintruff said the man told town officials. "He wasn't saying it's a mystery. He was saying he knew what was in there."

The land has been unused and unoccupied since.

Ryan, Charlie Miller and Keith Maxwell raised concerns about truck traffic and noise.

Ryan said when he bought his land, it was with the belief that the old town dump would never be used again because of the environmental issues.

"I wouldn't have bought my place if I'd known there would be trucks running up and down my front yard," he said.

The roadway into the dump is just 55 feet from the front of his house.

He added, "Neid Road is already starting to crumble. There are no shoulders. I don't think it's set up for industrial traffic."

There was no resolution to the issue for the local residents last night and no promises were made by the board regarding future actions.

Eugene Jankowski, former lieutenant with Batavia PD and current City Council member, recently took home four awards from the 2014 NY State IDPA International Defensive Pistol Championships at Pine City Sportsman's Club near Elmira.

Jankowski finished:

• 1st Place Law Enforcement
• 1st Place Senior
• 2nd Place Stock Service Pistol Master class
• 2nd Place Overall

Notre Dame High School held a rally this morning in support of its baseball team before the team left for Binghamton and a shot at a state championship.

Tomorrow, in a final four match, the Fighting Irish play Smithtown Christian High School. The winner will play either Hancock or Heuvelton Central. The Batavian will bring you full coverage or ND's run at the title. This is only the second time in the school's history that the baseball team has played for a state championship.

Photos submitted by Joseph Scanlan.

The Town of Le Roy Board had no choice but to pursue a lawsuit against one of its own local businesses, attorney Reid Whiting said Thursday night during a discussion with town residents of the Frost Ridge legal proceedings.

About 25 Frost Ridge supporters turned out to the board meeting and spoke up during a conversation that lasted at least 90 minutes.

There were no speakers supporting the board's lawsuit.

Frost Ridge is being sued by both the town and two neighboring residents over its very existence as a campground and its ability to hold outdoor music concerts.

The neighbors, David and Marny Cleere and Scott and Betsy Collins, have been pushing the town to enforce its zoning ordinance in regards to Frost Ridge, Whiting said. The two couples made it clear, Whiting said, the town would be sued if it failed to enforce its ordinances.

Such a failure, Whiting said, would embolden others to violate the zoning code and give the town little recourse for enforcement.

"If we ignored the violations, we would be found in dereliction of our duty and we would not be able to defend ourselves in other matters," Whiting said.

Later in the meeting, he said, "We did not act lightly. We did not act recklessly. We did not act without thought. We have a statutory duty to enforce the laws of Le Roy. If we do not, we are at risk. If we're at risk, you're all at risk."

The town board decided to sue Frost Ridge rather than defend its own Zoning Board of Appeals, which determined in 1978 and again 2013 that Frost Ridge was an existing, nonconforming use and permissible under the town's law.

Supervisor Steve Barbeau (second photo) said the ZBA overstepped its authority by making those determinations.

"The issue of whether something is grandfathered in or not grandfathered in is not their decision," Barbeau said. "If in the 1960s a record of music was played over the PA system so now that translates into Molly Hatchett coming in for a concert, if you believe that's the case, that's not something within the purview of the ZBA to rule on."

Both Whiting and Barbeau made the point that the town board was not criticizing the ZBA or arguing with the ZBA. The town did not sue the ZBA. Cleere/Collins sued the ZBA.

Whiting leaned heavily in more than one statement that the town's position obviously had merit because Judge Robert C. Noonan issued a temporary injunction against amplified music and alcohol sales at Frost Ridge.

"Judge Noonan takes precedent over anything the town board does," Whiting said.

When Eilleen Sherman Dries (top photo) said a code enforcement officer, who trained the town's current officer, told her Frost Ridge was a pre-existing nonconforming use, Whiting snapped, "The only thing that matters is what Noonan says."

At the hearing prior to Noonan's ruling, the ZBA was not represented. Whiting told Noonan during the hearing that the ZBA had been served notice that it was a defendant in the Cleere/Collins suit but chose not to be represented. That turned out not to be an accurate statement. Chairwoman Debbie Jackett has since said the board stands behind its determination that Frost Ridge is not violating existing town code.

The ZBA will be represented by its own attorney, paid for by the town, at further court proceedings.

Late in the meeting, Whiting said the town is just a secondary player in the legal proceedings, even though Noonan denied the Cleere/Collins side its own request for an injunction, granting just the town's request for an injunction.

If the other sides in the case were able to come to an agreement, Whiting said, he would not interfere with the agreement, but bring it back to the town board for consideration.

Coming to an agreement was the major request of just about every resident who spoke during the meeting.

"This is revenue we had and now it's going to Caledonia instead of Genesee County," said Lucie Ann Griffis (Disclosure, Griffis is a part-time sales rep for The Batavian). "This is revenue that not only the town needs, but the whole area needs. It's a shame the town board couldn't jump aboard on this and instead of saying what we can't do, saying what we can do.

"It's a shame what's being said about use, about the town not being friendly to business. I'm a lifer here. This is a travesty that we're losing this revenue based on the complaints of just a couple of people."

Carl (who refused to provide his last name) also complained about lost business.

"The town board should be out trying to promote the town and promote business and not take away a business because of some violation of code, because one or two complaints, and shut something down," Carl said. "The board should try and do some something to help them."

A couple sitting behind Carl said they were from Rochester and camp regularly at Frost Ridge, and have camped there since before the current ownership. They both said Le Roy has started to gain a bad reputation in Rochester because of situations like this.

Jennifer Keys also spoke in favor of finding some compromise that could save Frost Ridge.

"We cannot deny that Frost Ridge is a great source of revenue for our community," Keys said. "I would like to see it worked out so that the revenue stays here rather than going to Caledonia or Batavia."

Barbeau said the town has already tried to reach a compromise with Frost Ridge owners Greg and David Luetticke-Archbell, but at the 11th hour, the owners hired an attorney who withdrew their application for a special use permit for the campground.

"Once they conformed to that, then they could seek out a variance for concerts," Barbeau said. "There was no guarantee at all. It would have gone through the ZBA, then the planning board and then a public hearing and then the town board."

Keys responded, "I don't want to speak for the owners, but since they're not here, it's my understanding that county planning told them you can't do that, that their application (for a special use permit) wasn't valid because they didn't need it. They felt threatened and things blew up and here we are now. I would still hope something could be worked out."

Greg and David are out of town and not available for clarification, but The Batavian has previously spoke to sources who said Greg and David were advised by their attorney at the time that the special use permit was a trap. The issuance of a permit would negate prior rulings by the ZBA and end concerts at the Ridge.

Barbeau said he did try to find a compromise for Frost Ridge last summer and that he convinced Cleere/Collins to hold off on a suit during the 2013 concert season because shutting things down with contracts signed and deposits paid would have been economically devastating for Greg and David.

"I do bristle and I will continue to bristle when people say we didn't try as a town board to do anything to work things out," Barbeau said.

Barbeau said if Frost Ridge had continued with its application, he was confident it would have been approved by the board unanimously and then he was going to propose a town-wide zoning change that would have permitted concerts on any property three times a year -- Memorial Day, the Oatka Festival and July 4.

Frost Ridge hosts concerts at least nine times a year.

"They were gambling (when they withdrew their application) and they gambled wrong," Whiting said.

A man named Steve (who also refused to give his last name), made one last plea for resolution favorable to the town near the end of the discussion.

"This is a no-win situation," Steve said. "If you win the lawsuit, you lose all that revenue from all those people who come to Frost Ridge. "If you lose the lawsuit, you're going to owe the campground all that money, all the while costing me and the other residents a lot of money. You need to get in a room with everybody and work it out."

One audience member kept asking how the supporters could go about getting an item on the agenda at a future board meeting about the board reconsidering its position, and the answer was, there's a public comments section on every agenda.

"I want to know when we can ask you to represent the majority of the people in Le Roy instead of just two people," she said.

Press release:

Congressman Chris Collins (NY-27) today is blasting a proposal by the Food and Drug Administration (FDA) that will significantly hurt the local cheese industry. The FDA is contemplating banning cheese makers from the centuries-old practice of aging cheese on wooden boards. This process is commonplace among artisan cheese makers operating across New York’s 27th Congressional District.

“This is just the latest example of a federal government hell-bent on regulating everything it can get its hands on,” Congressman Collins said. “The process of aging cheese on wood boards is older than the federal government itself. Once again, the bureaucrats in Washington who are totally out of touch with the real world are arbitrarily introducing new rules and regulations that will hurt local economies, cost people their jobs, and stall business growth.”

Approximately 15 to 20 percent of the cheese made by Yancey's Fancy in Pembroke, NY, (Genesee County) is aged on wooden boards. The company recently announced a major expansion aimed at increasing production of the very cheeses aged through the process targeted by the FDA. The company currently employs 120 people.

“The proposal that FDA has made to ban the use of wood for curing cheese will negatively impact our plans to grow the natural side of our specialty cheese business,” said Brian Bailey, VP of Operations for Yancey's Fancy. “My understanding is that the rule was going forward without any discussion with the cheese industry, and apparently without any consideration to the impact that such a ruling would have.

"There is a far greater tonnage of cheese imported into the United States that is cured on wood than what is made in the United States, yet I haven’t heard of any ruling to address that issue either. There is plenty of science that supports wood as a safe material for curing cheese but I’ve seen no evidence to date that science has been considered...Producing safe, quality food is as much our mission and goal as it is FDA’s. Our existence depends on it.”

Congressman Collins is sending a letter to the FDA encouraging them to abandon this proposal immediately. A significant amount of cheese imported from abroad is aged on wood boards and currently not subject to FDA’s scrutiny of this particular aging process. In reacting to the proposal, American cheese makers said the FDA was not acting on sound science or law.

Press release:

City Manager Jason Molino today announced his appointment of Gretchen DiFante as assistant city manager for the City of Batavia. DiFante was selected following a national search that resulted in 60 applicants.

As a 16-year resident of the City of Batavia, DiFante has held senior executive roles in Western New York businesses including: director of Efficient Customer Support for Rich Products Corp., in Buffalo; executive vice president at P.W. Minor, in Batavia; and as executive director of Agape Counseling Associates, in Rochester. She also maintains a consulting business, StandOUT Results, in which she has worked with chief executive level clients to facilitate the development of data-based strategic plans and design and provide leadership training for senior and mid-level managers and supervisors in approximately 23 different industries.

DiFante has served in several local leadership positions and is a current member of the Board of Education for the Batavia City School District. She is also a veteran with the Air Force Reserves, graduate of the inaugural class of Leadership Genesee, past board member of the Genesee YMCA, Rochester Area Triathletes, and currently serves as an advisory board member to the Citizens Against Teen Suicide (CATS) group in Rochester.  

Pier Cipollone, 4th Ward council member who participated in the interview process, said, “I believe Gretchen has the management and leadership qualities that will allow her to assimilate into her new role easily. She has a familiarity with city staff and along with her abilities as a skilled facilitator should enable her to become productive almost immediately. I believe she will be a great asset to the City.”

City Manager Jason Molino added, “Gretchen has unique leadership skills that enable her to easily gain trust at every level within an organization while also being able to quickly understand and strategically assess the operations in multiple industries.”

She has provided periodic consulting to the City of Batavia over the past four years and was instrumental in helping to develop, expand and evaluate the City’s strategic plan that was recently awarded the Strategic leadership & Governance Program Excellence Award from the International City/County Management Association.

“As a resident and business owner, Gretchen has built very successful relationships with many businesses and organizations not only in Batavia and Genesee County, but throughout Western and Upstate New York,” Molino said. “When Gretchen’s leadership skills and experience were combined with her great sense of passion and enthusiasm to serve this community, she quickly became the obvious choice to join our management team. I am looking forward to working with her in achieving the City’s vision.”

Gretchen lives with her husband, David, a sargeant in the Rochester Police Department, and they have five children: Lauren (21), stationed with the Air Force at Nellis AFB in Nevada; John (20), a student at Genesee Community College; Nina (17), a graduating senior at Batavia High School; Elena (13) and Ava (9) who are in seventh and third grade at Batavia Middle School and John Kennedy, respectively.

They are members of Northgate Free Methodist Church in Batavia where Gretchen periodically volunteers time to conduct job search and interviewing workshops for newly graduated college students and adults seeking employment.

DiFante holds a BA in Communications from Auburn University and a MS in Management from Keuka College.

She will begin transitioning to the position in early July and will be full time by the first week of September at an annual salary of $75,950.

City Manager Jason Molino encourages all Batavia residents to celebrate this appointment and welcome DiFante to her new position.

Statement from Senator Micheal Ranzenhofer:

David Thuerck submitted these photos of a black bear he spotted on Lake Road, Pembroke.

New Muckdogs -- and some returning -- have been arriving in Batavia this week and starting workouts with their new teammates.

The first home game of the season is at 7 p.m., Saturday, at Dwyer.

Manager Angel Espada, in his second season in Batavia, said the staff will have some good young arms and pitching should be a team strength during the 2014 campaign.

"At this level the most important thing is you help them develop," Espada said. "Pitching and defense (are) going to dictate, at any level, but especially at this level.

"I think our pitching should be solid," he added.

Leading the staff, at least out of the gate, will be Gabriel Castellanos, Jorgan Cavanerio, Jose Adames.

Position players to watch include Aaron Blanton, Kevin Grove and Ryan Aper.

The Muckdogs are an affiliate of the Miami Marlins.

Yesterday's workout was cut short by a cloudburst.

For the full season schedule, click here.

A car vs. pole accident in reported in the area of 230 W. Main St., Batavia.

That's in the area of the Burger King.

A person reports a possible neck injury.

There are also fluid leaks.

Batavia PD is on scene.

Batavia fire and Mercy EMS dispatched.

UPDATE 9:48 a.m.: A second ambulance is requested to the scene.

UPDATE 10:20 a.m.: Engine 11 is back in service.

The driver of a tractor-trailer carrying steel beams said he was eastbound on West Main when he noticed the driver of the sedan pulling out of the Burger King parking lot. He said he could see the driver looking right, but he never looked left. The truck driver saw that the car driver was going to pull out into traffic without stopping. The truck driver was able to pull over into the inside lane. Even with the evasive maneuver, the car still caught the rear tire of the truck, spinning it into the utility pole. The truck driver thinks the accident would have been much worse if he hadn't moved over.

New York Times: Iraq Said to Seek U.S. Strikes on Militants

In honor of Dairy Month, the Genesee County Legislature presented Dairy Princess Kayla Wormuth with a proclamation recognizing the contribution dairy makes to the local economy and the nutrition of people. Legislator Shelly Stein, right, presented the resolution. Also participating were dairy ambassadors Becca Slattery and Mary Sweeney, and Georgia Luft, dairy maid.

Friends of the Batavia Peace Garden dedicated a new bench -- a bench with the wings of a butterfly -- Wednesday afternoon.

The steel was laser cut by Oxbo International, of Byron, and the welding was completed by Barone's Welding, of Batavia. Paint was supplied by Mosman's and the Melody Barbeau Family, of Florida. The painting was completed by Old World Collision.

Pictured above, front row, Carol Grasso, Bernada Scoins, Barb Toal, Rob Barone and Steve Merritt (Oxbo).

Barb Toal making a dedication speech.

The bench from behind.

Carol Grasso's new puppy liked the bench.