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Millie Tomidy-Pepper and YWCA board members spent the day hunkered down in an office trying to figure out how to keep key programs running after yesterday's announcement that the 150-year-old community support organization is buried under a pile of debt, has no cash reserves, and can't continue to operate the multiple services it provides to the community.

The situation appears dire but Tomidy-Pepper today said she wants to emphasize this may not be the end for the YW.

"The news to bring to the community is that just because we're going through a really rough patch right now, the board hasgrown and is committed to helping us get through this," Tomidy-Pepper said.

She became executive director of the YWCA on Feb. 5, replacing Jeanne Walton, who served as director from July 2011 until Tomidy-Pepper was hired to replace her. Tomidy-Pepper said when she started there were only four board members and she made it one of her goals to increase board membership and the board's diversity of experience. There are now 11 board members, including ministers, educators, and people with business and nonprofit backgrounds.

That's the good news.

The bad news is, there is no guarantee the YW can be resuscitated.

A source tells The Batavian there have been pay periods recently when the YW couldn't make it's more than $20,000 payroll; that credit cards are maxed out at $53,000; that the YW is behind in sales tax payments for My Sister's Closet, (there are, however, no tax warrants outstanding with the state); that grant reimbursement requests are behind; and that the city was recently close to shutting off the water for the YW's building at 301 North St., Batavia.

It's through the generosity of a local, unnamed donor, that some of these issues, including payroll, have been resolved.

Thanks to this donation, Tomidy-Pepper and key staff members are still working, but reduced to 20 hours for the week and only for one more week of work.

Tomidy-Pepper said she will be putting in a lot more hours than just 20 in the coming week and beyond trying to help get things turned around for the YW and working to ensure key services, one way or another, continue.

How the YWCA sunk to this financial low is unclear.

In a statement released to local media tonight, Walton said the financial struggles of the YWCA of Genesee County started long before she became director and that under tough circumstances she did her best to hold things together.

"Managing the finances of a nonprofit is a constant challenge," Walton said. "As with most nonprofits, the YWCA has not been sitting on a large reserve of money in recent decades. Due to this, the organization has had to live 'paycheck to paycheck,' just as many households do."

Walton said she rejects the suggestion that the financial condition of the YWCA is currently any worse than what she dealt with during her entire seven years at the helm. She doesn't believe it was necessary for the YW to pull the plug on so many key services in the community.

As a nonprofit, the YW is required to file a Form 990 with the IRS each year. These public documents, available online, provide a summary of revenue and expenses. It also lists "net assets or fund balances" -- how much money the entity has in the bank.

For tax year 2001, the oldest 990 available online, says the YWCA had $462,390 in assets. There was $850,650 in revenue against $782,823 in expenses, so in the year 2000, the YW was cash flow positive by $4,929. That year, the YW did spend $61,000 of fund balance.

The next year, the YW lost $31,900 on operations and also withdrew $111,612 from reserves (CLARIFICATION: A closer reading of the Form 990, this was a loss in value of the YW's securities investment (stocks)). Some fund balance was restored the next year but over the next 15 years or so, the YW has been slowly bleeding down its fund balance with only a couple of years of small replenishment, including two years while Walton was the director.

Here's a year-by-year breakdown:

• 2001 fund balance: $462,390
• 2002: $318,878
• 2003: $365,632
• 2004: $280,724
• 2005: $237,785
• 2006: Not Available
• 2007: $210,566
• 2008: $228,934
• 2009: $124,799
• 2010: $93,109
• 2011: $122,391
• 2012: $74,300
• 2013: $77,783
• 2014: $97,601
• 2015: $70,003
• 2016: Not Available
• 2017: Would not be available yet

The tax returns show Walton earned from $48,400 to $52,400 during the years reported that she was executive director, which is comparable to executive compensation for prior directors. Barbara Hale, for example, earned $48,277 in 2008.

The picture painted by Tomidy-Pepper of the current financial condition of the YWCA is that there simply isn't enough free cash flow to operate and no available credit or line of credit to float expenses until expected revenue arrives.

Termination of YWCA services, however, leaves county officials, local school officials, parents, and others scrambling to find ways to meet community needs.

One of the biggest services provided by the YW -- 40 percent of $1.1 million in expenses according to the nonprofits 2015 tax return -- is providing daycare services for students at eight school districts in the county.

Tomidy-Pepper she said she realizes shutting down this program suddenly is a hardship on local parents, and she's received complaints about the short notice. But she said she hopes that with the announcement of the possible closure coming during spring break, parents will have a week to make other arrangements for their children if the YW can't come up with another solution.

She's hopeful the YW will find a way to fill the gap.

"We know it's a huge burden on families," she said. "We're working diligently with other service providers and hoping by Monday to have an answer. I want people to know we're not giving up. We're not throwing in the towel."

She thinks a solution has been found but can't announce it yet.

"If that happens, hopefully, that will keep our employees employed," Tomidy-Pepper said. "That would be wonderful. That would take 18 people off the unemployment line."

The county has $160,000 in contracts with the YWCA for the Care and Crisis Helpline, the Domestic Violence Safe House, and other programs. County officials were meeting today to figure out how to meet the needs of these programs without the YW but Tomidy Pepper said she and the board members are also working on these issues.

She said they expect Verizon to soon provide another number for the helpline and the board will meet with officials in Niagara County about helping with the safe house and the domestic violence program. (The County also has a domestic violence program available through Genesee Justice.)

The YWCA also staffs a daycare center for Family Court in the County Courts facility. Tomidy-Pepper said she and the board members haven't figure out yet what to do with that program.

She did say the building at 301 North will remain open. Besides My Sister's Closet, which is staffed by volunteers, there are tenants in the building.

"We're not locking the doors and shutting down completely," she said. "We want people in the building."

When she started, Tomidy-Pepper, who has nearly 20 years experience in the nonprofit sector, said she was told of the YW had an annual operations budget of $1.2 million.

She did explain that there was another recent audit but that auditor was never paid in full so the auditor wouldn't release the results. Tomidy-Pepper tried to hire a second auditor but that auditor wouldn't do the job without seeing the first auditor's findings. A community member -- the donor mentioned above -- provide funds to pay the first auditor and hire the second auditor.

It was that second auditor who said there was no realistic way to complete an audit.

One issue Tomidy-Pepper said she uncovered is that the YW needed to apply for grant reimbursements but the vouchers needed for the reimbursements were either missing or not completed.

She said with the help of former and current staff, she has been able to resolve that issue and the grant reimbursements are in the works with the state.

"We've faced many challenges and we're meeting that challenge," she said.

Tomidy-Pepper said she really wants to see the YWCA of Genesee County come back strong and she is grateful for the help she's receiving.

"The board members, the people in the community, want to help," she said. "They want to help. They want us to succeed."

We also reached out to YWCA USA to try and find out more information about whatever oversight the national organization might provide and how one of the national organization's affiliates could reach the state of near if not total financial collapse.

A spokeswoman declined an interview request and issued this statement:

Statement by Alejandra Y. Castillo, YWCA USA, CEO
YWCA USA recognizes the critical role YWCA Genesee County plays in the community and we are dedicated to providing tactical support to help them during this difficult time. Our chief concern is for the women and families who rely on YWCA services and we are collaborating with our strong network of New York YWCAs to identify alternative programs and resources to assist through this transition.

Here is the statement released by Jeanne Walton:

The financial struggles experienced by the YWCA of Genesee County predated my tenure as Executive Director and continued during the nearly seven years I served in that capacity. Managing the finances of a nonprofit is a constant challenge. As with most nonprofits, the YWCA has not been sitting on a large reserve of money in recent decades. Due to this, the organization has had to live “paycheck to paycheck”, just as many households do. Over the years, I learned to manage this so that the organization remained solvent. The YWCA USA and Board of Directors of the YWCA of Genesee County were kept apprised of the organization’s financial condition. As required by law, independent audits were conducted annually. Corresponding tax returns (990s) were filed and these records are publically available.

Five months ago I announced my decision to resign as Executive Director and offered to assist with the process of selecting and training my successor. In January 2018 my replacement was chosen, and it was agreed that during my last weeks at the YWCA I would focus on working with the new Executive Director to educate her on all of the financial and executive level challenges faced by the organization. I felt this would be a great deal to accomplish in a short period of time, and was quite surprised when I was informed that, while I would be paid for my last two weeks, it would not be necessary for me to work with the new Executive Director. Nonetheless, I recently reached out to the Board of Directors Executive Committee, the auditor, the Executive Director and the YWCA USA to offer my assistance.

Nothing about the YWCA’s financial situation changed for the worse during my years of service. The challenges currently faced by the YWCA are nothing different than what I handled along with our Finance Manager the entire time I was there. Strategizing and having a full understanding of the cash flow are imperative to the financial health of the organization. The finances of this organization are extremely complicated and it is a necessity to have an individual familiar with them involved in the audit process and the ongoing financial operations. Prior to my departure, my leadership team suggested changes to my successor and the board President that we felt were necessary for the financial health of the organization.

After my many years with the YWCA and the expansion of services provided, I am heartbroken that the decision was made to terminate the programs that are vital to this community. I cannot understand how it makes sense to end programs that are 100-percent grant funded, such as Domestic Violence Crisis and Prevention Services, Care + Crisis Helpline and the Children’s Center at the Courthouse. I am shocked by this news and know that it is an extreme decision that could have been avoided.

Derek J. Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 1st. Wert is accused of violating an order of protection by making contact Sunday with the protected person at the person's residence. Wert was arraigned and jailed without bail.

Austin Kendrick Vogt, 20, of Fairway 6, Macedon, is charged with criminal mischief, 4th. Vogt allegedly broke a mirror in a bathroom at College Village at 7 p.m. Sunday.

Faith Marie Greene, 21, of Canterbury Lane, Tonawanda, is charged with unlawful possession of marijuana and speeding. Greene was stopped at 3:20 a.m. Saturday on Route 77 in Darien by Deputy Eric Meyer.

Andrew Gerard Jones, 54, of Attridge Road, Churchville, is charged with DWI, driving under the influences of drugs and alcohol, refusal to take breath test, and speeding. Jones was stopped at 12:26 p.m. Saturday on Pearl Street Road, Batavia, by Sgt. John Baiocco.

Walter Bernard Hale Jr., 40, of East Avenue, Batavia, is charged with criminal contempt, 2nd. Hale is accused of posting pictures online of a person under the protection of a court order.

Press release:

After several weeks, nearly daily meetings with the Board of Directors and many sleepless nights, YWCA Executive Director Millie Tomidy-Pepper and board members made a decision Monday that will affect agency employees, programs and services.

“The cash position is such that we can’t continue to operate,” Tomidy-Pepper said. “When I was interviewed I was told that there was a first quarter cash-flow problem. Ever since I began here I have uncovered that it was much more than that.”

As a result of lack of funding, all YWCA programs are going to cease immediately. Those include domestic violence, before and after school child care, courthouse daycare, a food reimbursement program for home daycare providers, and crisis helpline services.

This move will put 36 YWCA staff members in the unemployment line, however, she doesn’t know if there will be anything for them when they get there.

“The history of the organization using an unemployment services trust, and the fact that it was not kept up-to-date by being paid, it’s questionable whether employees will be able to get unemployment insurance,” she said.

Tomidy-Pepper has been executive director since Feb. 5. During the interview process nothing was disclosed about the current fiscal condition of the nonprofit. The agency’s financial records are in such disarray that an audit cannot be properly conducted.

“We’re working to keep the doors open but right now we have to close, and we’re reviewing the finances,” she said. “There’s considerable longstanding debt and there’s no money on reserve to get us through this situation.”

The lack of funds is further exacerbated by a maxed-out line of credit and credit card, she said.

“I was not made aware of any of this,” she said. “I thought I could get past the first quarter, but there’s a mountain of debt and this has been a longtime problem. The finances are being looked into in depth.”

 A veteran executive, Tomidy-Pepper was assistant executive director of the Mental Health Association in Genesee County for seven years and another 12 years as executive director. She not only ran a nonprofit with a balanced budget but one with a surplus, which demonstrated her understanding of expenses and revenue and her management skills.

“I want my reputation to exceed me,” she said.

The site at 301 North St. will remain open to accommodate current tenants and My Sister’s Closet Boutique, a women’s and children’s clothing and accessories thrift shop.

The agency has been the sole provider of domestic violence services in Genesee County and has served about 650 new victims each year. The agency has also provided before and after school child care for hundreds of families and answered the call for thousands of people in crisis. It is uncertain as to how those people will be taken care of in the future.

The board, which has grown from four to 11 members since Tomidy-Pepper took the helm, will embark on a “Save the YWCA” campaign. Up to this point the new executive director has experienced open arms to welcome her.

“The community has been reaching out to help us any way they can,” she said. “We have been working day in and day out trying to figure out what happened and how to put a plan in place to move us forward.”

Members of the Local Drug Task Force along with Batavia PD Emergency Response Team busted in on a residence at 133 State St., Batavia, on Thursday night to execute a search warrant and as a result, they say they found six people engaged in narcotics activity inside an apartment at that location.

According to the press release, local law enforcement recovered from the scene a quantity of crack cocaine, methamphetamine, marijuana and drug paraphernalia.

Two of the six people found in the apartment were charged with possession of narcotics with the intent to sell and the tenant of the apartment was accused hosting the drug activity.

Keith R. "Sosa" Kendrick, 26, of Viola Drive, North Chili, and Denzel T. Hall, 25, of Stenwick Drive, Rochester, were both charged with two counts each of criminal possession of a controlled substance, 3rd.

Donna M. Fidanza, 48, of State Street, Batavia, was charged with criminal nuisance in the first degree.

Also arrested were Heath D. Snyder, 47, of Abbott Road, Orchard Park, charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Joseph M. Marranco, 47, of Pringle Avenue, Batavia, was charged with criminally using drug paraphernalia, 2nd, and unlawful possession of marijuana. Madalyn R. Muntz, 32, of Evans Street, Batavia, was charged with criminally using drug paraphernalia, 2nd, and criminal possession of a hypodermic instrument.

Kendrick and Hall were arraigned in City Court and ordered held on bail.

Robert R. Greiner III is indicted for the crime of second-degree assault, a Class D felony, for allegedly recklessly causing serious physical injury to another person by means of a dangerous instrument -- a motor vehicle -- on June 3 in the Town of Darien. In count two, he is accused of second-degree vehicular assault, a Class E felony, for allegedly operating a 2015 Nissan on Route 77 while intoxicated on June 3 in Darien, causing serious physical injury to another person. In count three, he is accused of another instance of second-degree vehicular assault for having a BAC at the time of .08 or greater while operating the Nissan in a manner that caused serious physical injury to another person.

Alberto G. Santos is indicted for the crime of criminal possession of a weapon in the second degree, a Class C felony. It is alleged that on Feb. 4 in the Town of Le Roy that Santos possessed a loaded firearm -- a Sig Sauer Model SP2022. In count two, he is accused of criminal possession of stolen property in the fourth degree, a Class C felony, for allegedly knowingly possessing stolen property -- consisting of one or more firearms, rifles and shotguns.

Syjesman T. Brown is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Oct. 8 in the Town of Le Roy that Brown possessed the narcotic drug heroin with intent to sell it.

Leaha R. Wimmer is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Sept. 16 in the Town of Darien that Wimmer stole a Citizens Bank debit card. In count two, she is accused of the same crime involving a Bank of America Visa debit card on Sept. 19, also in Darien.

Jonathan P. Balaz, 41, of East Main Street, Batavia, is charged with falsely reporting an incident, 2nd. Balaz is accused of intentionally pulling a fire alarm at the DePaul Housing Complex on East Main Street at 12:43 p.m. Wednesday causing an emergency response by Batavia fire when there was no emergency. He is also accused of the same crime, with the same charge, at 9:17 p.m. Friday.

Dawn M. Orlando, 48, of Wood Street, Batavia, is charged with harassment, 2nd. Orlando is accused of hitting another person in an incident reported at 12:30 p.m. March 25.

Marcus L. Speed, 30, of Hawthorne Court, Elmira, was arrested on a warrant for alleged failure to appear on an appearance ticket. He was jailed on $1,000 bail.

Walter B. Hale Jr., 40, of East Avenue, Batavia, was arrested on a warrant related to a charge of criminal contempt, 2nd. He posted bail and was released.

Cathleen Joan Mills, 48, of Route 333, Campbell, is charged possessing for sale or transport more than 10,000 unstamped cigarettes. Mills was charged as a result of an investigation by Deputy Robert Henning of a report of a person buying a large quantity of cigarettes.

Luis Gabriel Lopez, 21, of 7 Fairway St., Macedon, is charged with criminal possession of marijuana, 3rd. Lopez was charged after he was allegedly found in possession of marijuana with an aggregate weight of more than eight ounces during a vehicle checkpoint at 4:59 p.m. Saturday on Route 33, Bergen, by Deputy Matthew Bailey and Deputy Ryan DeLong.

Curtis Rashaad Beaty, 20, of Winbourne Road, Rochester, is charged with aggravated unlicensed operation, unlawful possession of marijuana, and driving without a valid vehicle inspection. Beaty was charged following a stop by Deputy Ryan DeLong and Matthew Bailey at a vehicle checkpoint at 4:59 p.m. Saturday on Route 33.

Dartanyon A. Robinson, 47, of Rochester, is charged with driving under the influence of drugs, driving without an interlock device, aggravated unlicensed operation and speeding. Robinson was stopped at 7:39 a.m. Friday on the Thruway in the Town of Batavia by State Police.

Bradley W. Polle, 40, of Spencerport, is charged with criminal contempt, 1st. Polle was arrested by State Police in Bethany.

David J. Zauner, 50, of Darien Center, is charged with grand larceny, 3rd, falsifying business records, and filing a false instrument. Zauner was arrested by State Police. No further details released.

Benito Hernandez-Vega, 37, of Le Roy, is charged with felony driving under the influence of drugs, felony aggravated DWI with a child in the vehicle, and endangering the welfare of a child. Hernandez-Vega was stopped at 1:14 p.m. Wednesday on Route 5 in Stafford by State Police.

The president and CEO of the Rochester Red Wings, the organization that ran the Batavia Muckdogs operations for the past 10 years, has no reason to believe the playing conditions of the field at Dwyer Stadium are poor.

She also disputes the implication that team management left things at Dwyer in a way that would make it hard for new management to take over operations.

Naomi Silver also said any equipment or furniture removed from the stadium by Red Wings staff was equipment or furniture purchased and owned by the Red Wings. The staff inventoried everything that was removed so that whoever took over operations, if anybody, knew what needed to be replaced.

Silver spoke with The Batavian this afternoon to offer a response to remarks by the team's new general manager, Dave Chase, published yesterday.

Chase portrayed a situation at Dwyer where the field wasn't up to professional standards; the clubhouse and office were filled with junk and trash and nothing workable; and that previous management hadn't run the organization in a professional manner.

Silver defended her staff and said the field was up to Major League standards, which Chase said wasn't level and that the pitcher's rubber mat didn't align with home plate.

"Major League Baseball, just last year, came and did an audit and they found zero wrong with the field," Silver said. "That's really kind of an unusual situation where they wouldn't find something wrong and they found nothing. That was just last season. When they came in August they said everything was fine."

Whereas Chase was seemingly critical of the team's former groundskeeper, Don Rock, Silver praised Rock and said she would hire him again in Batavia if it was her decision.

She also praised former General Manager Travis Sick, who is now working for the Red Wings in Rochester.

"Don Rock was a phenomenal employee of ours," Silver said. "He and Travis made that operation work. He was a hard worker. He was there day in and day out and I can't criticize him for anything. I don't want to see him take any of the criticism there. It wouldn't be fair to him or to Travis."

About Sick, she said, "Our general manager did an excellent job and he worked hard at it and he worked long hours. He did what I would call a very, very good job."

When the Red Wings were vacating Dwyer Stadium, Silver said, the Red Wings didn't think there would be another season of professional baseball in Batavia, but nevertheless retained the paperwork any future operator would need, such as advertising contracts, the list of season ticket holders, and payroll information, so the new operator could know the team's salary structure.

All of that was shared with Chase, she said.

"We have done everything we can to cooperate," Silver said. "We've answered every question they've had. We want them to succeed."

She said Red Wings staff met with Chase just yesterday morning to ensure he had the information he needed about operations.

She expressed surprise and disappointment at the comments Chase made to local media about how the Muckdogs had been run in recent years.

"We were shocked to read his comments, frankly," Silver said. "We have in good faith put our souls into the operation in Batavia. We cared about it and we cared about its success. We wouldn't have done it if we didn't care. We felt we ran the operation in a way that we can walk away and feel proud of what we did for baseball in Batavia."

She added at the end of the conversation, "It was disappointing to read those comments. We never said a disparaging word coming into the operation or leaving the operation. I was surprised there were disparaging comments about us."

An apparent short in a fuse box caused a truck fire this afternoon at 9380 Route 19, Le Roy.

Le Roy fire responded at 2:05 p.m.

Because the fire was so close to a residential structure, and with a little wind today, 1st Assistant Chief Tom Wood had Pavilion fire stand by in quarters until his firefighters extinguished the blaze.

Wood said the residents were trying to jump-start the truck after it had been sitting for a couple of days and they noticed smoke coming from the fuse box. They went inside to call the dealer and short time later looked out a window and saw flames, so at this point, Wood said, the cause of the fire appears to be electrical.

Photos and video submitted by Russ Hopfer.

It has occurred to Dave Chase that when he agreed to become the new general manager of the Batavia Muckdogs after the New York-Penn League took over ownership of the venerable franchise, the situation at Dwyer Stadium is much worse than he anticipated.

Maybe, he thought, this isn't the right job at the right time.

“I have my moments when I wonder, 'is this the mission or not?' " Chase said during a tour for the media yesterday of the stadium. "The fans, the people I’ve talked to, have convinced me, it is an important mission. The fact is, I have 40 years, Brenden has 18 years, the ongoing theme is, we’re going to give this our best shot.”

Brenden is Brendan Kelly, who is experienced in baseball operations, including a nearly eight-year stint with the Buffalo Bisons, and whose wife is a schoolteacher in Batavia. He's the new assistant general manager for the Muckdogs, one of three recent full-time hires by Chase, who has had to rebuild the Muckdogs' staff after the Rochester Red Wings lost its contract to run the team.

The new management team comes into a situation that has them scrambling to get ready for the season, which opens June 18. The office was stripped of all useful equipment and furniture and what Chase first walked into was an office and clubhouses filled with broken chairs, tables, miscellaneous junk, no ticketing system, and disconnected phone lines.

"I’m blown away by how filthy it was," Chase said. There was trash everywhere, a lot of broken things. We discovered that if it has a plug on it and it’s still here, it’s broken."

The city has painted the offices and clubhouse and put down new carpet -- part of anticipated maintenance for Dwyer and included in the city's budget -- but everything else is up to the league to handle.

"It’s a good thing we open on June 18 instead of April 6, that’s for sure," Chase said.

The Batavian has received calls and emails over the past week or so from fans trying to find out when they can buy tickets. With the phone disconnected, they can't get through to the office; and the website, run by Minor League Baseball, hasn't been updated.  

Chase is still putting together the promotional calendar (firework nights will be on Saturdays this season, meaning eight shows, which Chase says is in response to fan feedback) and he's still looking for a sponsor for pocket calendars. He may need to get those printed without a sponsor, he said.

It's really only been the past four days that Muckdogs' office has been staffed but there has been a steady stream of fans coming in, Chase said. He said fans will need to be patient while staff gets operations reestablished.

"I say we’re starting (baseball operations) at zero and we started six months late," Chase said. "Someone else said, ‘you’re not starting at zero. You’re starting at minus three and six months late.’ So people need to be patient. If they want the same old routine, disorganized unprofessional approach, we could probably do that today, but we’re going to bring in better standards and a more professional approach to what we do and that takes time.”

Chase said he's received a lot of fan feedback that they were dissatisfied with the baseball experience at Dwyer, that things seemed disorganized and not focused on the in-game experience. That will change this season, Chase said.

“I want to change the mentality of the ballpark," Chase said. "When those gates open on June 18 at six o’clock, Brenden and I are going to be at the gate. When the game is over on the 18th, we’re going to be at the gate. I got a lot of complaints that in-game presentation was sloppy; (they) weren’t paying attention — there’s got to be a professional attitude and that’s what we’re going to bring here. I don’t think it’s been here in 10 or 20 years, by the way.”

Muckdogs staff probably won't be able to sell tickets until the beginning of May but the new, lower season ticket price is only $175 if paid before June 1.

That's the fan experience, but Chase also needs to be concerned about the player experience, and player safety, and the quality of the game the young professionals who walk onto the Dwyer field are able to perform.

As bad as things are on the operations side of Dwyer, the field is perhaps even worse, Chase said.

The pitcher's rubber and home plate are not aligned. If a pitcher used the rubber as a guide, a properly thrown pitch would zip five feet behind the back of a left-handed hitter. 

Second base is aligned with neither the rubber nor home plate.

The grass in front of the pitcher's mound was repaired before last season but the repair didn't take because it was right before opening day, according to Chase.

The infield isn't level -- the visual evidence during our tour is the large puddles of water on the first base side, and a person standing in the outfield can see a small rise in the dirt to the left of second base.

The lip of the back of the infield, where the grass meets the dirt, is higher than it should be, and the entire back of the infield slopes down into the outfield at an elevation of more than nine inches in places.

That just isn't acceptable on a professional field, Chase said. 

The outfield looks flat from the stands but when you stand on it, the small dips and raises in the sod are clearly visible. The grass itself is not suitable for baseball.

"It’s like walking on golf balls," Chase said. "Right now, if you were to hit a ball on this field, if it wasn’t muddy, if it wasn’t soft, you’re probably going to get it in the chops, and the whole outfield is that way."

Longtime groundskeeper Don Rock, who has publicly lobbied for his old job back after the league took over ownership, and has received fan support, won't be coming back, Chase said. He acknowledged that Rock was probably not given the proper equipment to do the job but said the league needs to bring in a grounds crew with more knowledge and experience.

The league and a consultant are assisting in the search for a new head groundskeeper.

As soon as the field is dry enough and when it looks like there will be at least a 10-day period of dry enough weather, work will begin to fix all the problems with the field, Chase said.

The infield dirt will be replaced with same dirt used at Marlins Park in Miami (the parent club of the Muckdogs). The lip will either be lowered or extended to make it level with the outfield. And the pitcher's rubber and second base will be aligned with home plate. The city is going to roll the outfield and the grass will be overseeded, which hopefully with make fielding groundballs a little less treacherous.

Sponsorship signage in the outfield, Chase also revealed, will be brought up to modern Minor League park standards.

Part of the city's scheduled maintenance for Dwyer has been the replacement of the roof of the front of the stadium and fixing the outfield scoreboard.

Although one problem for Chase with the scoreboard is there's no longer a computer with the proper software in the Wayne Fuller Press Box to run it. That's just one more thing he will need to figure out before opening day.

Chase just returned from a four-day meeting of NYPL executives, which was his chance to update them on the situation in Batavia.

"My mission there was really to get them to understand what’s going on here," Chase said. "For them, for everybody, it’s a weird situation, that the league owns the team. So when I tell them, ‘I have nothing.’ I don’t have a tape dispenser. I don’t have a stapler. I have nothing. I didn’t have a desk until a couple of days ago. They didn’t understand what is going on, so I was trying to get them up to speed, and then the punchline is, ‘I’m spending your money.’ They don’t like to hear that.”

For all the troubles that need attention at Dwyer, Chase said it's the response of the fans that make it all worthwhile.

"The community has been fantastic," Chase said. "The people that I’ve met are very nice. They’re cordial and they express an excitement about baseball. A lot of them have told me they’re relieved to know baseball is back. From that point of view, it’s great. The condition of the facility is shocking."

About a year ago, after Brooks Hawley moved into a family home in the Town of Batavia, with the help of Brian Kemp, Kemp asked if there was anything on the old farm that might be suitable as bike racks for Downtown Batavia.

Two weeks later, Hawley showed up at Kemp's shop with four hog farrowing pens in his pickup truck.

Kemp, co-owner of T-Shirts Etc., is an artist who specializes in turning found objects into art and he thought the pens just might work.

Kemp started talking to anybody he could about helping out with the project. He knew he needed people who could work with metal and weld and had the equipment to do it.

"As with all of my projects, mention it to enough people and sure enough, someone will bite," Kemp said.

One day, Tim Gleba, a machine shop instructor at Batavia CTE (BOCES) came into Kemp's shop to pick monogrammed shirts and Kemp told him about the bike rack project.

Gleba immediately saw the potential for the school to get involved, so for the past several weeks, students in four different programs have been converting the pens into bike racks to be placed around downtown Batavia.

The project brings together students from the machine shop, welding, auto body, and conservation.

James Roggow, a student from Byron-Bergen, designed and fabricated finials to cap the bench arms, and other students are fabricating other parts for the racks and bench, including filigree end pieces for the bench (only one of the racks will have a park bench attached); welding is putting the pieces together; auto body students will paint the metal; and the conservation students logged a tree and made planks from it for the bench seat and back.

Auto body instructor Jeff Fronk saw the project as a perfect community contribution for his students.

"I thought it was cool," Fronk said. "These are going to be around the city for a long time. When these guys become young adults and have families of their own they can say, you know what, I did that. We did that in our class."

Fronk said he's really into color and what colors mean. He said he's always associated the color blue with Batavia, so the benches, he said, will be painted in a metallic blue that fades into a metallic orange.  Blue, because it symbolizes peace, harmony and unity, and orange because it symbolizes balance and warmth.

Kemp said he's looking forward to seeing the bike racks installed Downtown.

"I’m excited to see the progress of this project, along with the amount of collaboration it has taken to pull this together," Kemp said. "We are blessed to live in a community like this."

Graham Manufacturing is also assisting with the project.

Top photo: Three of the machine shop students who worked on the project with the first bench that is near completion, Arden Schadt, left, Evan Bartz, and James Roggow.

Below, one of the finials for the bench and a picture of the design on a computer.

This is what the pen looked like when it arrived at the machine shop (photo courtesy Tim Gleba).

The point -- at least at first glance -- of the auto body shop at Batavia CTE (BOCES) is for students to learn how to repair dings and dents and apply primer and paint to fenders and doors.

On a short tour today, Instructor Jeff Fronk told The Batavian that the kids in his class learn more than just restoration and bodywork.

"I tell my kids in here that we are fix it, men and women," Fronk said. "What I mean by that is we can fix everything but a broken heart and a cobweb. We fix everything teachers and our customers bring to us. You name it, we've fixed it. It's more than just cars -- furniture, metal trade stuff, clear coating, we do fix it all."

Members of the class present today pose (top photo) with a 1953 Mercury owned by a Batavia resident who started the restoration project but then brought it to Jeff and his students when he needed more help. The class is pretty proud of the project, which is near completion.

Below, a photo of Fronk with a mailbox painted by a student.

Fronk loves colors and he loves painting stuff.

"Everything in the world is painted, right?" he said.

In another picture below, a student buffs a go-kart body with a Corvette design. Fronk said the body was rescued from a dumpster and was cracked and broken. He challenged the students to turn it into something special, something they could be proud of when they were done. Besides a shiny paint job, the colors of body change depending on what angle you view it from. He's already obtained another banged up go-kart body for the next group of seniors who come through the class.

Here is a list of students in the class. They all participated in the Mercury project. Not all were available today for the picture at the top of the story.

• John Achatz – Attica
• Adrien Anderson – Oakfield-Alabama
• Taigon Baker – Batavia City (absent)
• Arin Bannister – Attica
• David Boyce – Pembroke
• Hannah Cathcart – Batavia City
• Nathan Hamilton – Batavia City
• Jarod Kates – Attica
• Jeremy Kimanski -- Le Roy
• Trinity Liles – Batavia City (absent)
• Damin Rautenstrauch – Attica
• Connor Tracy-Graybeal – Attica
• Alyssa Virgilio – Batavia City
• Dylan Walker -- Adult

The 2015 conviction of a Pavilion man on sexual abuse charges has been thrown out on an appeal because of what the court deemed the improper use of testimony by an expert witness.

The State Supreme Court, Appellate Division, Fourth Judicial Department, ordered that Beniluis Ruiz receive a new trial on counts of first-degree sexual abuse, two counts of criminal sexual act in the third degree, as well as five other counts in his original indictment.

The court ordered Ruiz released from prison last week, about nine months shy of his scheduled release on his four-year prison term. He's scheduled to appear in Genesee County Court on March 30 for further proceedings in his case.

Ruiz was convicted following a jury trial in 2015. At his sentencing before Judge Robert C. Noonan, now retired, Ruiz maintained he was innocent.

In the trial, Assistant District Attorney Kevin Finnell called on an expert witness to testify about the symptoms commonly exhibited by children who have been sexually abused.

That testimony would explain to a jury some of the seemingly contradictory behavior of a child who has been sexually abused. For example, they won't necessarily tell a mother immediately, or they might recant statements later -- what the court referred to as admissible evidence regarding a "pattern of secrecy, helplessness, entrapment [and] accommodation."

This expert, however, also testified about a perpetrator's conduct, which the court found was used to point to the defendant's guilt rather than as just an explanation of conduct.

"The expert explained 'grooming' and other behaviors associated with perpetrators of child sexual abuse," the court stated in its ruling. "Her detailed description of a typical perpetrator’s modus operandi, moreover, closely tracked the victim’s testimony concerning defendant’s conduct, and the prosecutor on summation urged the jury to conclude that defendant’s interactions with the victim fit the description of a typical perpetrator’s conduct as described by the expert.

"In sum, that part of the testimony of the expert describing the conduct of a typical perpetrator was not directed at explaining the victim’s behavior. Rather, it was presented 'for the purpose of proving that the [victim] was sexually abused.' "

During heavy rainstorms, the sewer pump station that serves the Bogue Avenue and Redfield Parkway area of Batavia can back up and reach the point of potential failure, according to City officials, so last week, about 100 area residents received letters asking them to meet with the City about their sump pumps.

Under City code, sump pumps are not supposed to pump water into the sanitary sewer system and reducing those connections could help avoid a problem at the pump station in the Redfield Parkway area.

"About 100 houses got the letter and even if only half of them had sump pumps (connected to the sanitary system), even if it's only five gallons a minute, that's five gallons times 50 connections, all of the sudden it's 250 or 300 gallons per minute," said Matt Worth, interim city manager. "Add that on top of normal flow downstream to the pump station, it can become overloaded. If there's a mechanical failure, that can cause the system to back up."

And what gets backed up into people's basements, starting with the person who has the lowest basement, is "dirty" water, Worth said.

That's a problem the city would like to avoid.

The letter Redfield and Bogue residents received apparently caused some residents to believe the City was going to force them to disconnect their sump pumps from the sewer system and find some other way of getting rid of water that flows into their basements.

Worth said that isn't the case at all.

"We’re trying not to be draconian about it," Worth said. "The request is for people to call, make an appointment, we’ll come, and have those discussions. We’re trying to offer as low-cost solutions as possible."

The code that prohibits sump pumps from pumping stormwater into the sanitary system has been on the books since at least 1966, Worth said, and it also provides a "grandfather clause" for homes with sump pumps built prior to enactment of the ordinance.

Two things about the clause: The clause isn't effective if pumping the water into the sewer system is determinant to the system; and, if there is no other solution available, then the resident can continue to pump water into the system.

About a dozen residents from the Redfield area attended Monday's City Council meeting and a few spoke to voice their concerns about the letter.

Don Fryling said he thought the City was just trying to dump its problem off on residents.

"Perhaps the city should update the pump station instead of pushing the problem back on the residents," Fryling said.

Jim Owen suggested the City try to secure a grant to pay for a new pump station.

Worth said a new pump station isn't really a solution because the federal and state grants used to help build the wastewater treatment plant prohibit "clean" stormwater from being processed at the plant, so the City can't intentionally take action to ensure stormwater is being mixed in with sewer water.

So far, the City has met with 15 residents and found only four sump had pumps that were pumping water into the sewer system. All four voluntarily agreed to mitigate the condition.

With that information, Council President Eugene Jankowski suggested residents simply talk with the City and figure out what the situation is for themselves.

"To the people who spoke today, I guess, my request to you is meet with Jim (Ficarella) and see if you can help the City and find a mitigation, and if you can’t, then you can’t," Jankowski said. "If you can’t do it, you can’t do it. Some of you can help and assist and there are ways to fix your problem and give the city a break and relieve some of the pressure on that pump station. That will help the rest of your neighbors out as well. Nobody is forcing you to do anything."

Matthew Scott Williams, 30, of Hundredmark Road, Elba, is charged with criminal possession of criminal property, 5th, and falsifying business records, 2nd. Williams is accused of selling another person's property at Pawn King in Batavia. He was arraigned and released under supervision of Genesee Justice.

Latiqua S. Jackson, 24, no permanent address, was arrested on a warrant for alleged failure to comply with a court-ordered program. Jackson was jailed without bail.

A 17-year-old resident of Walnut Street, Batavia, is charged with criminal possession of marijuana and criminal use of drug paraphernalia. The youth was arrested at 11:26 p.m. Sunday on Main Street, Batavia, by Officer Mitchell Cowen.

Jacqueline M. Biglow, 55, of Prune Street, Batavia, is charged with dog running at large. Biglow was charged after police were dispatched to Prune Street at 4:54 p.m., Monday, for a report of an aggressive dog running at large in the area.

Jeremy S. LaCarte, 40, of Kibbe Avenue, Batavia, was arrested on a warrant for alleged failure to comply with court conditions. LaCarte posted bail and was released.

Roseann Cooper, 48, of Pearl Street, Batavia, is charged with petit larceny. Cooper is accused of shoplifting at Tops Friendly Market in Batavia. She is accused of concealing $33.54 worth of merchandise in her purse and leaving the store without paying.

A 16-year-old resident of Gilbert Road, Bergen, is charged with endangering the welfare of a child. The youth is accused of hosting a party at 9:55 p.m. Friday at his residence where he was serving alcohol to people under age 21.

Tyler Lee Walls, 21, of Upper Holley Road, Holley, is charged with aggravated unlicensed operation, 3rd, and criminal possession of marijuana, 4th. Walls was stopped at 8:21 p.m. Friday on Holley Byron Road, Byron, by Deputy Christoper Erion and K-9 "Destro."

James Andrew Douglas, 67, of Alger Street, Rochester, is charged with DWI, refusal to take a breath test, and speeding. Douglas was stopped at 2:13 a.m.,Saturday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Tyler John Henderson, 29, of Maple Avenue, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Henderson was stopped at 1:07 a.m. Saturday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Press release:

New York State Department of Transportation Acting Commissioner Paul A. Karas today announced that construction has begun on a $1.4 million project to replace the bridge carrying Bethany Center Road (County Road 15) over U.S. Route 20 in the Town of Bethany, Genesee County.

The project will replace the 86-year-old bridge and improve safety for both motorists and pedestrians with upgraded guide rails, pavement markings, and signage. The bridge carries an average of more 1,500 vehicles each day.

“Governor Cuomo has made smart investments in transportation a priority across New York State, modernizing bridges and highways to support mobility and commerce, Acting Commissioner Karas said. “This bridge in Genesee County will provide safe, reliable passage for motorists and pedestrians for generations to come.”

The existing bridge will close on April 8th and traffic will be detoured. Construction is scheduled to be completed this fall.

The bridge, first constructed in 1932, will be replaced with a single-span steel structure. The two piers that support the bridge will be removed, eliminating the potential for falling concrete.

The new bridge will facilitate the movement of freight and support emergency service vehicles.

Senator Michael Ranzenhofer said, "The condition of the Bethany Center Road Bridge has been deteriorating for years, and I have been advocating for replacing the 86-year-old bridge. That is why I am pleased that this project is moving forward. This infrastructure improvement project will ensure the safety of the more than 1,500 vehicles driving over the bridge each and every day."

Assemblyman Stephen Hawley said, “Residents shouldn’t have to worry about their safety when crossing one of our area’s local bridges, and the Bethany Center Road Bridge replacement gives peace of mind to our families and businesses that use this route each day.

"Bridges are not only a means of travel from one place to the next but a means of security for our citizens making the morning commute, our children taking the bus to school, our emergency, fire and police vehicles responding to an accident and our business owners transporting goods to market. Projects like this are crucial to the vitality of our economy and community, and I am pleased to see it moving forward.”

Consistent with Governor Cuomo’s Drivers First initiative, this bridge project was designed to minimize impacts to the traveling public. The bridge is being closed to all traffic so that work can be completed most efficiently. Two types of detours will be put in place.

During the replacement of the bridge, Bethany Center Road will close for approximately five months. A southbound detour will be posted for motorists to use Old Telephone Road, Route 20, East Road, and Raymond Road. Local traffic will be maintained, but not over the bridge.

Additional temporary detours will be posted to reroute traffic from Route 20 onto Old Telephone Road, which runs parallel to it, for safety purposes during the demolition of the existing structure and placement of the new bridge. This detour will be in effect for the following dates:

April 9 to April 22 from 7 a.m. to 7 a.m.
June 5 to June 8 from 7 a.m. to 7 a.m.
July 10 to July 12 from 5 a.m. to 5 a.m.

Motorists are reminded that fines are doubled for speeding in a work zone. In accordance with the Work Zone Safety Act of 2005, convictions of two or more speeding violations in a work zone could result in the suspension of an individual’s driver’s license.

PHOTOS: Photos from 2012 by Howard Owens.

Joseph M. Tornabene, 26, of Dellinger Avenue, Batavia, is charged with third-degree assault, aggravated criminal contempt, fourth-degree criminal mischief, and second-degree robbery. Tornabene is accused of physically attacking a woman during a violent domestic dispute, causing injuries. He is also accused of forcibly taking the victim's mobile phone, preventing her from calling 9-1-1. He also allegedly violated an order of protection. He was jailed on $25,000 bail.

Daniel Edward King, 41, of Phelps Road, Pembroke, is charged with failing to register a change of address within 10 days as a sex offender. The charge followed an investigation into an incident in the Town of Pembroke.

Bin Chen, 32, of Wangman Street, Rochester, is charged with possession for the purpose of sale of 30,000 or more untaxed cigarettes, criminal tax fraud, 3rd, and failure to stop at stop sign. Chen was stopped at 1:29 a.m. Friday in the area of 7152 Alleghany Road, Alabama, by Deputy James Stack.

Jacob Russell, 22, of Walkers Corner Road, Byron, is charged with criminal possession of a weapon with a previous conviction and unlawful possession of marijuana. Russell was charged following a search of his residence by probation officers, who allegedly found a switchblade knife and five marijuana smoking devices containing marijuana. Russell was jailed on $20,000 bail or $40,000 bond.

Kevin Watson, 58, of East Main Street, Batavia, is charged with petit larceny. Watson is accused of stealing several items from Dollar General.

Scott D. Larnder, 41, of Tracy Avenue, Batavia, is charged with an unlicensed dog and owning a vicious dog. Larnder's dog allegedly bit another person at his residence at 10:23 p.m. on March 12.

Across the country today protests against gun violence in schools were held in cities large and small, and news reports indicate many high school students joined those protests, dubbed nationwide as "March for our Lives."

There was also a march in Batavia today, organized by local progressives, and more than 200 people turned out -- mostly adults, mostly people age 50 and older.

The idea of high school students grabbing the spotlight in the fight against gun violence began after the Parkland, Fla., shooting where 17 students died and students at that school immediately began speaking out.

On March 14, hundreds of Batavia High School students participated in a national walkout to protest gun violence at schools.

Few of those students turned out for today's event. There were perhaps five or six teenagers in today's crowd.

Batavia HS student Lauren Leone served as the event's emcee and one of the speakers was BHS student Sophia Alkhouri Stuart.

"We are calling all the adults in our country to live up to their responsibility to help protect us from gun violence," Stuart said. "Today as you march, you are marching for life. We need to be united in our commitment to life and to innocent children who are committed to learning. We need to eliminate the ability of those who seek to harm others to get ahold of a gun. This is our time and this is our chance to change the story of our schools."

The other speakers were all adults.

Pastor James Renfrew opened with a short sermon drawing on a parable from the New Testament about a farmer sowing seeds. Renfrew said there were many lessons to draw from the parable, including the importance of listening.

"Listen to our children," Renfrew said. "Listen to their worries and fears. Listen to their thoughts and dreams. In listening, we become the seeds planted in good soil, growing, and thriving and multiplying God’s hopes. As you listen to the voices of children, it becomes the amazing harvest described in the parable."

Most of the signs carried by marchers called for some degree of elimination of guns, such as banning assault rifles.

While not naming the National Rifle Association, Gary Pudup called out those organizations that oppose any and all gun control. 

"There are those who will make false arguments trying to distract us from our goal, a society free of the constant fear of gun violence," Pudup said. "They will say we should simply strengthen background checks when strengthening background checks is meaningless unless the laws behind them are meaningful.

"They will tell us that teachers with guns are the cure for what ails us" -- at which point several people cried out "No." -- "They will tell us that the young man who committed the murders at Parkland was evil as if a 19-year-old was the very definition of evil. Let me give you my definition of evil. Evil is an organization that holds the values of profits higher than the value of children’s lives."

Pudup did praise a group founded in Rochester that is pursuing legislation focused on keeping guns out of the hands of potentially violent people, Moms Demand Action for Gun Sense in America. The organization is backing a bill that would create an "Emergency Restraining Protection Order," which would create a process in court to deny access to guns to anybody who is a threat to themselves or others.

Bethany resident Carol Kistner then spoke and said she had recently joined Moms Demand Action for Gun Sense in America. She was dressed in a camouflage jacket that belongs to her husband and a camouflage shirt that belongs to her father to also represent her family's hunting interest. And the layers of clothing also represented the multilayered problem of gun violence, that the problem is complex and will defy easy solutions, such as just taking away guns.

She said Moms Demand Action for Gun Sense in America is an organization not interested in taking away anybody's guns.

"We recognize and want to preserve this wonderful tradition that my family has enjoyed forever," Kistner said. "Moms Demand Action for Gun Sense in America recognizes that there is a great fear among those who enjoy sports, the sports of shooting and hunting.

"We honor those traditions but our biggest challenge is to get out the word to our rural counties just like this one that we are not against you. We are for you. No one has greater respect for guns and gun safety than hunters and sportsman."

She said it's really up to those who understand guns and gun safety to support sensible action to help reduce gun violence.

She said the legislation the group is backing in New York would provide a process to deny access to guns for people who have threatened suicide, have shown they are violent criminals, or the violently mentally ill.

"Those are three places to potentially remove guns — with due process, of course," she said.

After the speech, the group marched from Williams Park to City Hall chanting slogans such as "Enough is Enough" and carrying their signs.

Top photo: Sophia Alkhouri Stuart.

Carol Kistner

A former Pavilion resident held a press conference in Buffalo today and said that he was abused by a priest at St. Mary's in Pavilion when he was 16 years old in 1980.

Wayne Bortles said that Father Robert P. Conlin, who was appointed pastor of St. Mary's in 1977, abused him in a basement of the rectory recreation room where youth gatherings were sometimes held, according to WBEN.

"He touched me all over, and he wouldn't stop," Bortles said.

Conlin died in 1997 and is one of at least four Catholic priests with ties to Genesee County who have been accused of sexual misconduct.

This week the Diocese of Buffalo released a list of 42 priests who served in Western New York who have been accused of sexual misconduct.

Included on the list were Father Donald W. Becker, who served two terms at St. Mary's and has denied any wrongdoing, Father Fred Ingalls, who served at St. Joseph's from 1974 to 1982 and from 1990 to 1996, and Father Richard Keppeler, who was appointed to St. Brigid in Bergen in 1973, became pastor there in 1974 and served until his retirement in 2003. He died in 2011.

Ingalls admitted in Federal Court in 2004 to the acquisition of child pornography.

Conlin's name is not on the list released by the Diocese, which only includes names of those who were removed from the ministry as a result of allegations, were retired or left the ministry after being accused of sexual misconduct. It also includes the names of priests who died with two or more allegations against them.

Before today, Bortles had not made a public allegation against Conlin.

Today, Bishop Richard J. Malone issued a videotaped apology for the sexual misconduct of priests in the diocese (embedded below).

Bortles said an apology wasn't enough.

 "I don't know how an apology would impact me," Bortles said. "I mean, the sentiment is nice, but there is more, obviously, that needs to be done." 

Bortles said the parish social hall in Pavilion is named after Conlin and there is a large picture of him in the hall. He thinks the hall should be renamed and the picture removed.

He believes there were other victims of Conlin in Pavilion and that they should come forward.

Here's a PDF of the list released by the Diocese.

Phillips S. Muzzy Jr. is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Oct. 22 at about 12:45 a.m. that he knowingly unlawfully entered  the Pavilion Farms gas station on South Lake Road in Pavilion with the intent to commit a crime. In count two, he is accused of second-degree criminal mischief, also a Class D felony, for allegedly intentionally damaging property belonging to others. Muzzy allegedly damaged a glass door, computerized cash register system and cash drawer, in an amount exceeding $1,500. In count three, the defendant is accused of petit larceny, a Class A misdemeanor, for allegedly stealing property from Pavilion Farms. In count four, Muzzy is accused of another count of third-degree burglary on the same day. He is accused of knowingly and unlawfully entering another gas station, Crosby's on Telephone Road in Pavilion, with the intent to commit a crime. In count five, he is accused of third-degree criminal mischief, a Class E felony, for allegedly intentionally damaging the property belonging to another. He is accused of damaging a glass door in an amount exceeding $250. In count six, Muzzy is accused of fourth-degree grand larceny, another Class E felony, for allegedly stealing property from Crosby's having a value exceeding $1,000.

Karaya D. Cummings is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Oct. 8 in the Town of Le Roy that Cummings knowingly and unlawfully possessed a narcotic drug -- heroin -- with the intent to sell it. In count two, she is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for operating a 2006 Hyundai on Route 490 while her privilege to drive in New York was revoked by authorities. The indictment states the defendant had 10 or more suspensions in effect, imposed on at least 10 different dates, for failure to answer, appear or pay a fine in Monroe County in the City of Rochester from Feb. 4, 2014 through Oct. 23, 2016, and on Christmas Day (Dec. 25) 2013 in the Town of Ogden.

There have been some nice surprises along the way in getting Eli Fish Brewing open over the past couple of weeks for owners Matt Gray and Jon Mager, not the least of which is the crush of people crowding into the large bar and dining area that was once the retail store space of J.J. Newberry.

There's also the quality of the staff they've been able to hire; how well the brewery is working out as a workspace for Mager; the quality of the New York brews and spirits they've been serving; and the overwhelmingly positive feedback they've been getting in person and on social media from customers throughout Western New York.

Now, it's time for the grand opening, which is Saturday and will highlight the launch of the first two new beers from Eli Fish. There will be a ribbon cutting at 2 p.m. with food samples served until midafternoon and $5 drafts all day long.

"Our nighttime crowds have been pretty surprising," Gray said. "Our Friday and Saturday nights have been very good. We’re serving a lot of guests and everybody seems to be happy with it."

For those visitors who get out and about often in the community, there has been a common observation as they wade through the large crowds on a Friday or Saturday night -- a lot of unfamiliar faces.  When you are out and about often enough in a small community, you get used to seeing the same people. There's a lot of new faces showing up at Eli Fish.

Gray, who also owns Alex's Place, has noticed the same thing.

"I'm noticing two different things," Gray said. "The crowd that is here that I do know and is local I don't see at Alex's, so they're not dining at that establishment. And then there are the ones I don't know at all, and there's a lot of them."

One of the goals of the City and Batavia Development Corp. has been to encourage more restaurants and bars downtown to help capture the estimated $2 million local residents spend in Rochester and Buffalo rather than Batavia. Of course, bringing people from Rochester and Buffalo and the other surrounding counties to Batavia would be a good thing, too.

Gray said one of the things they'll do with the grand opening is hold drawings, which include a registration that captures the zip code of entrants so they can get a better feel of where their new customers are coming from.

Mager said several posts on social media have indicated people are driving from the two metro areas to Batavia to visit Eli Fish.

But a common theme in the reviews is also that once people are inside the building they don't feel like they're in Batavia. They feel like they're in Rochester or Boston or somewhere else.

"That leads me to believe that there are a lot of people from Batavia who are coming and have been looking for something different, so it’s cool," Gray said.

Getting people to come into a new restaurant is one thing. Getting them to come back, especially to fill a space as large as Eli Fish, is another thing.

The positive reviews of the booze and food so far are a good indication people will come back, and there are trends in the first two weeks of the soft open that indicate people will come back. Gray noted that a number of people have come in expecting just a brewery but during the visit also learned there are menus with hearty entrees and a fully staffed and stocked kitchen. There's already a trend, he said, of people coming back for a second visit for lunch or dinner.

To help provide reasons for people to visit Eli Fish regularly, Gray and Mager installed an indoor bocce court. They plan to sponsor bocce leagues and tournaments. They are also considering euchre and bridge tournaments, as well as other games suitable to the space.

"Jon and I, right from the get-go, have looked at Eli Fish as a community space, a place where people go to meet, whether it’s family, friends, business meetings, events, and so on," Gray said. "We're very surprised at the number of calls that we’ve gotten to book larger events, 30 to 50 people. We have a lot of those already scheduled."

Another attraction for customers, of course, will be the two food stands inside the building that will be occupied by winners of the FreshLABs restaurant startup competition. EDEN Vegan has already been selected for one of the spaces and is expected to open April 22.

Mager said he's also been pleased with the brewery they built in the basement of the century-old building.

"We did a good job making it a functional space," Mager said. "We’re not too cramped. We’re not tripping over ourselves, so brewing down there is enjoyable and so far it’s gone very, very well."

While the light has shone the first two weeks on the restaurant and bar, Saturday is Mager's big day when his first two beers from the brewery make their debut.

There will be an IPA called "First Draft" and a blonde that didn't have a name as of Thursday afternoon but will be christened by Saturday.

"Saturday is going to be a pretty fun day," Mager said.

One unique feature of the bar is that all of the beers and spirits are brewed or distilled in New York. There are no mass produced brews or liquors. Everything is handcrafted.

That means some of the labels can be pretty unfamiliar to most customers when they first come in, that puts pressure on servers to have good palates, experience and knowledge of what they're serving.

"One of biggest, pleasant surprises we had was the quality of the people that applied for our serving and bartending jobs," Gray said. "They are experienced. They know their stuff and they are open about learning new things."

New customers, new beers (20 on tap) and new spirits, and new staff have meshed nicely together so far, Mager said.

"It is a learning experience on what to recommend to somebody who comes in and says 'I like Coors light, what would you recommend?' and I think everybody’s been picking it up pretty well that, yeah, it is a craft beer, but it doesn’t mean that it’s super hoppy and super alcoholic. We have light craft beers and the few that we have that fit that bill have been the highest sellers."

Both Gray and Mager have been surprised to discover just how good New York's spirits can be, as well.

"Most people don’t think that New York is going to produce like excellent world-class gin,' Mager said. "We’ve got gins back there that I would put against Beefeater and everything else all day.

"There is a vodka out of Clarence," he added, "that me and Matt sampled together. It was fantastic. It’s not like you're making a concession. It’s not like you’re settling for something less than premium."

With Gray quickly adding, "They’re premium."

Gray likes Irish whiskey, but he enjoys all whiskey and it's been an adventure sampling what New York has to offer.

"I like trying them all," he said.

"That’s pretty much my outlook on craft beer," Mager added. "I don’t like going to a bar with a specific beer in mind. I like trying them all. Sometimes they’re not my favorite but I like the adventure of trying them all."

Eli Fish is someplace not like Batavia, is the feedback, someplace that offers a bit of an adventure, someplace to bring the community together, and it seems that so far Eli Fish is off to a good start.

But it's not complicated, said Gray, who got his start in the food business a couple of decades ago with Matty's Pizzeria. The basics remain the same.

"A lot of things have changed (since Matty's) but it's all the same thing," Gray said. "There are only two people you’re trying to make happy, and that’s your guest walking in the door and your staff.

"You want to make sure everyone working with you wants to be there and is happy to be there, and then you want to make sure they are also making sure that every guest who walks in is happy with what you’re putting out and the service you’re getting. Whether it’s a round pizza or a square plate, it’s pretty much the same thing."