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A Batavia City School District trustee who held up approval of a merger between the Batavia and Notre Dame hockey teams at the district's school board meeting on Thursday afternoon met with the schools' athletic directors and coaches and said he had his questions answered and looks forward to the agreement being on the board's next agenda.

The Batavian has attempted to clarify with John Marucci that his statement means he intends to vote in favor of the merger but he has not responded to two emails.

Three Four other members of the board have responded to emails and said they intend to support the measure. One hasn't responded.

Previously, The Batavian emailed five questions to Marucci about his apparent objections to the merger, trying to clarify his position and didn't get a response until yesterday. He didn't provide answers to the question but did make this statement:

I apologize for not getting back to you sooner. Just so you know that today at 3:15, I was able to meet with BCSD BOE President Alice Ann Benedict, BCSD AD Mike Bromley and hockey coaches Marc Staley and John Kirkwood. We had a very lengthy and thorough discussion about the proposed merger between Notre Dame and Batavia as it pertains to hockey. I feel very satisfied that I had my questions and concerns answered and look forward to having this item on our agenda for our August 5th BCSD BOE Meeting. 

At last week's meeting, Marucci expressed concern about other schools in the county being eased out of a combined hockey program with Batavia and that once current players from those districts have graduated, students at those schools would have to attend Notre Dame if they wanted to play hockey. He suggested Notre Dame recruits athletic students and that he was concerned the merger wouldn't be fair to Batavia students.

Our questions to Marucci included trying to find out how the merger wouldn't be fair to Batavia students. He didn't answer that question.

At the meeting, he said, "I just want clarification," and, "I'm not trying to be that guy but I guess I'm being that guy."

With two seats vacant on the board due to resignations and one person absent, Marucci's unwillingness to vote to approve the agreement meant there wasn't a quorum, so the board had to table the matter until its Aug. 5 meeting.

The merger would mean Notre Dame, which has won two sectional championships in recent years under Head Coach Marc Staley, and Batavia players would form a single unit.

Last week the schools announced the new team would be known as Batavia United.

Advocates of the merger argue that the merger would allow both schools to have a JV program, which will help produce a more successful program and end the dangerous practice of including JV-aged and -sized kids on varsity rosters.

And yes, students at schools such as Le Roy, Alexander, Oakfield-Alabama, and Pembroke, who want to play hockey in the future, will need to attend a private school such as Notre Dame. Which is how it was for those schools before Batavia, in a bid to increase its hockey numbers seven years ago, accepted those schools into its hockey program.

Since that realignment, Batavia has won 13 games with only two of those wins coming against Section V opponents and no wins against teams with winning records.

The merger is going to get the support of at least three trustees.

Statement from Alice Benedict:

I wholeheartedly support the Batavia Notre Dame Hockey merger. It will help both schools be able to offer hockey opportunities for grades 7 through 12.

Statement from John Reigle:

Thank you for reaching out to me regarding the hockey merger. 

As you are aware we tabled the agenda item at our last school board meeting for some final clarification and questions. It is a big decision for our district and I’m glad our board of education is putting in so much collaborative thought and consideration into the topic. Unfortunately, our athletic director and/or the coaches were unable to attend the last meeting to have more discussion on the topic. However, it is my understanding they were able to meet with our board president and Vice President yesterday to discuss. 

After speaking with some hockey families from both schools, along with learning more of Coach Staley’s & Coach Kirkwood’s goals and intentions for the United program, I am in favor of the merger. I look forward to bringing back a competitive hockey program to our city that the student-athletes, our schools, and our community are proud of. 

Statement from Barbara Bowman:

I am in complete support of the hockey merger because it will be advantageous to BHS and ND students and the community in general.

Newly elected Trustee Jennifer Lendvay did not respond.

UPDATE: Lendvay's statement: 

I am in favor of the merger of the BHS/ND hockey teams and look forward to seeing them play.

Press release:

Congressman Chris Jacobs (NY-27) held a press conference this morning with Jim Butera, president of the WNY Chapter of the NYS Restaurant Association and owner of Butera’s Craft Beer and Craft Pizza, to discuss the labor shortage caused in part by enhanced unemployment benefits.

“I consistently hear from small businesses in my district that have multiple open positions and cannot find anyone willing to work. In February, against numerous warnings, Democrats and President Biden forced through a massive partisan package filled with unnecessary spending. The result is they have made it more lucrative to stay home than to seek employment,” Jacobs said.

“This has become detrimental to our economic recovery, and many businesses are losing money, shortening hours, or closing down entirely because they cannot find employees. Unfortunately, this translates to longer wait times, higher prices, and shortages of numerous products families need.”

“The government keeps providing stimulus money instead of encouraging people to find and get employment, and it is hurting my business and all those around me," Butera said.

"This is equivalent to ‘give a man a fish and feed him for a day, teach a man to fish feed him for life.’ Our government needs to end disincentives, get back to working for the people, and make our economic recovery and small businesses a priority."

Jacobs introduced the Help Wanted Act (H.R. 3148) in May to combat these disincentives and prioritize our economic recovery. Specifically, the legislation: 1) restores work search requirements, 2) removes the expansion of unemployment to individuals who voluntarily left their job, and 3) clarifies that general safety concerns related to COVID-19 are no longer sufficient grounds to claim unemployment benefits.

“Our regional economy relies heavily on the service industry and manufacturing – the businesses hurt most by this government spending,” Jacobs said.

“The President’s reckless spending has forced businesses to compete with the government. As long as these benefits remain in place, businesses will continue to struggle from massive labor shortages, prices will increase, and supply chains will suffer. I call on the House to consider the Help Wanted Act to end these disincentives to work.”

A tree trimmer was dangling from a broken white harness while hanging 40 feet in the air. He was clutching onto the bucket of a work truck he was using at 10096 Perry Road, Pavilion.

He is now safely in the bucket, which has been brought down and he denies injury. Pavilion fire and Le Roy's ladder truck were responding but they are standing down. Mercy medics will continue in nonemergency mode to confirm everything's OK.

UPDATE: Reader-submitted photo.

UPDATE: The person who provided the picture asked us to take it down.

A two-car accident, unknown injuries, is reported at East Main and Clinton streets, Batavia.

City fire and Mercy EMS responding.

UPDATE 8:21 a.m.: Eastbound traffic is being shut down at Harvester Avenue.

UPDATE 8:56 a.m.: No injuries. The white pickup truck was westbound on East Main Street. The black sedan was coming off of Clinton, making a right turn. The black car failed to stop at the intersection and struck the pickup, according to Sgt. Dan Coffey.

While she didn’t grow up in Batavia, Jill Wiedrick nevertheless considers her appointment as assistant city manager as a homecoming since she will be returning to the place where she spent seven years as a senior planner with the Genesee County Planning Department.

“I can’t wait to move back to the community and be part of it again. We’re really excited,” Wiedrick said by telephone Monday -- two days before the Elma native continues her career in government as a key member of the City of Batavia’s administrative staff.

Wiedrick (photo at right) said she came to understand “how great Batavia was" by having lived and worked here from 2006-13.

“Part of the reason (for taking the city position) is that my husband and I have two young kids and I’d like them to grow up a little bit the way I did,” said Wiedrick, who graduated as Jill Babinski in 2000 from Iroquois Central School. “I grew up in a small community – not that there’s anything wrong with the City of Rochester; I think it’s fantastic – but we wanted to try something different.”

She also indicated she decided to leave her job as manager of zoning for the City of Rochester to be closer to her parents, who continue to live in Elma.

“And, professionally, I’ve been really interested in city management and other facets of government. So, this seems like something that perhaps that I would enjoy and be successful at,” she said.

Education Includes Professional Certificate

A graduate of Geneseo State College, Wiedrick received her master’s degree in City/Urban, Community and Regional Planning and, this spring via online distance learning, earned a professional certificate in Municipal Finance from the Harris School of Public Policy at the University of Chicago.

She began employment with the City of Rochester as senior city planner in November 2013 before moving up to zoning manager in February 2020. She is credentialed with the American Institute of Certified Planners.

Wiedrick said that she relished her time as a Genesee County planner.

“I learned so very much and became such great friends with everyone. Jim Duval (the former planning director) was my first boss there and I cannot say enough awesome things about him. He continues to be a strong person in my life and a mentor,” she offered.

“And obviously, I worked with (current Planning Director) Felipe (Oltramari), who brings so much to the table in terms of helping the county and its municipalities be successful and how they want to look in the future.”

Oltramari said he was impressed with Wiedrick’s positive attitude and work ethic during her time at the planning department.

“Everyone always had good things to say about her work,” he said. “She was a hard worker -- very passionate about her work -- and I’m really glad that she is back in the area.”

Previously Interacted with City Manager

Wiedrick also interacted with City Manager Rachael Tabelski when the latter was employed as the marketing director with the Genesee County Economic Development Center.

“I got to know Rachael when I worked on projects with the GCEDC,” Wiedrick said. “On occasions we would be at the same meetings and run in the same circles, as far as development.”

Wiedrick said she is keen on economic development, stating that GCEDC officials and others realized that the Western New York Science & Technology Advanced Manufacturing Park project in the Town of Alabama was a long-term venture.

“Going into it, we knew that we weren’t going to see development occur immediately,” she said. “A lot of the things that you do in any sort of development is that you’re making an investment that is intended to be long term and to be developed over a number of years.”

She compared it to the planting of a tree.

“You don’t plant that tree for yourself; you plant it potentially for your children,” she said. “Much of development tends to work that way. In Western New York in particular, we’re planting the seeds now and we’re reaping the benefits maybe five or 10 years out.

“A good example is the City of Buffalo. Over the past 20 years, they’ve done a lot of small things and now we’re seeing the resurgence of Buffalo. Now, people are going, ‘Wow, how did this happen?' It has been calculated and people are taking steps knowing that we’re not going to see the benefits of these actions for a number of years.”

Promoting Genesee County

Wiedrick agrees that the $10 million Downtown Revitalization Initiative award will go a long way to expanding the city’s appeal and she is eager to have a role in its rejuvenation.

“To be a part of such a tremendous team, I feel that I am going to learn so very much from, and to have an impact on a place that is near and dear to my heart is incredibly exciting,” she said.

“I would tell colleagues from the City of Rochester, 'you’ve got to go to Batavia. You’ve got to check it out. It’s not just farmland. They just laugh at me and say, ‘OK. How did they do that in Genesee County?’ "

As the assistant city manager, Wiedrick will be responsible for various projects, including administrative services, organizational risk management, organizational values, community/neighborhood development, public relations, information technology and implementation of Enterprise Resource Planning software. She also will help draft the annual budget and take part in capital planning initiatives.

Her starting salary has been set at $91,800.

Tabelski said that Wiedrick’s extensive background in land use, planning, community engagement, policy development and budgeting as well as her proficiency with technology mesh well with the requirements of the city position.

Putting Technology to Good Use

“Jill brings a wealth of knowledge and experience gained through her professional roles in government including with the Genesee County Planning Department and City of Rochester Zoning Department,” Tabelski said. “She will make an immediate impact to the city organization -- focusing on supporting the ongoing software implementation projects, neighborhoods, community development initiatives, and administrative needs.

“She is a positive, outgoing professional who will participate with residents and businesses to make improvements. I am glad she choose the City of Batavia to call home, and look forward to working with her.”

Wiedrick said she has an eye on utilizing technology to enhance the quality of living in Batavia and the surrounding area.

“One of the things that I’m excited about working on is community development efforts, and I’m also going to be working a lot with technology – which I am very comfortable with,” she said. “What I’m intrigued about -- and have been for the majority of my career in government – is what forms of technology can be used to make things easier for the public and make things easier for staff.”

Wiedrick is married to Andrew Wiedrick, a quality assurance analyst at Excellus Blue Cross/Blue Shield in Rochester. The couple has a son, Ty, who is turning 6 this month, and daughter Jolene, who turned 3 in May. The family is in the process of moving to the city.

An accomplished violinist, she plans on performing with the Genesee Symphony Orchestra in the near future.

File photo: Jill Wiedrick performing with the Genesee Symphony Orchestra. Photo by Howard Owens.

Next Wednesday, July 28^th, is shaping up as round three in Genesee County’s attempt to get a grip on the size and cost of the new county jail it has been mandated to build by Gov. Andrew Cuomo.

At the end of the Genesee County Legislature’s Public Service Committee meeting today at the Old County Courthouse conference room, County Manager Matt Landers said he has received an updated 10-page bed study from the SMRT architectural firm of Portland, Me.

Landers said he plans to go over the report at a meeting of the full legislature next week, and expects to have a revised cost estimate from the Pike Company of Rochester at that time as well.

“We’ve done this twice before,” Landers said. “Going back three or four years, the legislature gave me a thumbs-up, and probably two years ago when we were getting a better handle on the costs, I did it again and got the legislature to agree to $60 million. We were all in agreement – thumbs up.”

Calling the coming session a “good gut check,” Landers said it will be the first time that two new legislators – Brooks Hawley and Chad Klotzbach – will get to hear the full scope of the project.

Genesee County has been conducting its due diligence on the construction of a 184-bed jail on land just east of County Building 2 on West Main Street Road.

Landers is hoping that $60 million figure is still in play, but things could change in this post-COVID environment.

“Now, we’re in a different world, COVID, numbers, everything. So, once again we need to make sure everyone is on board for whatever cost estimates are before us,” he said. “The next thumbs up is going to dictate preparing our bid documents and going out to bid sometime in the spring. If cost estimates are two or three times (what we budgeted for), we’d have to stop and wait.”

He noted that SMRT reported that the 184-bed number is still intact, but even that isn’t etched in stone.

“We all know that the state is taking a left turn, to a degree, with social justice reforms,” he said. “Is that the way it’s going to be for awhile or is there going to be a pendulum swing, using the sheriff’s (William Sheron) words. But how much of one?”

Another factor is whether the state will allow those sentenced for one or two years to be kept in county jail.

“Now, if it’s longer than a year, you’re sentenced to state prison,” Landers said. “The state, using the mantra of social justice and to save money, may decide to shift these people and keep them in (county) jails, which meets their argument of keeping them closer to their families.”

WHAT ABOUT THE CURRENT JAIL BUILDING?

When asked if it was possible to sell the current jail in tandem with the sale of the City of Batavia police station building, Landers said it was “an interesting concept but there a lot of pieces that would have to work together.”

“It’s going to take longer to build a jail than it’s going to take to build a police station. We’re not going to be out of the current jail for two or three years and that’s if there are no cost overruns and we are ready to go in the spring,” he said.

Landers also mentioned that Genesee Justice and the backup 9-1-1 center are housed in the jail building.

“We have to make sure we have the ability to move all of that out into a new location. All of that has to happen,” he said. “And to tie that with the city. They may be waiting on us, and we’re still not out.

“Timing is everything. If everything tied up and we wanted to sell it, maybe it would work, but we have as part of our contract with SMRT a dedicated study to see what we could use the current jail building for in the future.”

The county manager said he has thought about using the jail portion of the building at West Main Street and Porter Avenue as a countywide records’ center.

“I have been thinking that it could be a shared services model because all of these towns have permanent records,” he offered. “We could take a jail cell and say ‘Town of Byron, here’s your permanent records'; 'Town of Bergen, here’s your permanent records’ and actually have a centralized shared service project where all the records from the county come to one area.”

A combine and field fire is reported off of Townline Road east of Swamp Road in South Byron.

A first responder reports the combine is fully involved.

There is heavy black smoke in the area.

Byron and South Byron dispatched. Mutual aid is requested from Elba.

UPDATE 7:46 p,m.: "Fire is under control. Hitting hot spots."

The City of Batavia’s Bureau of Inspections is giving management of the Northside Meadows apartment complex at 335 Bank St. until Sept. 1 to rectify roof and driveway maintenance issues or risk court action.

A violation notice dated July 1 and issued by Doug Randall, city code enforcement officer, to Northside Meadows Association, which is managed by David Renzo of V&V Development Corp., indicates that his investigation found the following items to be in violation of the Property Maintenance Code and Residential Code of New York State:

• Roofs and drainage. The asphalt roof coverings are deteriorated, missing material, and not maintained in a sound and tight condition on two of the three residential buildings located on this property. You must repair or replace the roof covering using approved materials.

• Roof covering materials. Two of the residential buildings have been covered with grey plastic tarps. The tarps are not approved roof covering materials.

• Sidewalks and driveways. The asphalt driveway and parking areas have uneven surfaces with loose and missing materials in various areas throughout the property. You must maintain these areas in a proper state of repair and eliminate hazardous conditions. Immediate action must be taken to ensure safety.

The notice, which was obtained by The Batavian through a Freedom of Information Law request earlier today, also states the following:

That a building and/or plumbing and/or electrical permit may be required to make some or all of these corrections. If a permit is required you must obtain one prior to starting work on the items for which the permit is needed. All corrections not requiring a permit should be commenced immediately.

Contacted about the violation notice along with a tenant’s report of a leaky ceiling in one of the Building B apartments and other issues, Renzo said he has a “workout plan” in place to correct the situation.

It should be noted, that the property manager had a similar reply in a June 22 story by The Batavian on similar problems at Le Roy Meadows, another low-income housing project overseen by V&V Development. (More on that at the end of this story).

“Workers will be here tomorrow at 7 a.m. to put more tarps on the building so we can fix the ceiling in that apartment and we have plans to put new roofs on Buildings B and C this summer,” Renzo said. “We’re in the process of contracting with a roofing company right now.”

Northside Meadows, located just west of Walden Estates, consists of three buildings – A, B and C – with eight apartments (four lower and four upper) in each building.

Renzo said he also is soliciting bids to fix the large potholes in the driveway.

Saturday’s heavy rain caused a build-up of water on the roof of Building B and, eventually, resulted in a leak in the ceiling.

Renzo said he went to the apartment, staying there for three hours to shore up the ceiling – punching additional holes in it to relieve the water pressure.

“We had four inches of rain … and this could have happened even with a new roof; the water accumulated in the valley of the roof,” he said.

He explained that he punched some more holes in the ceiling to prevent it from bubbling and placed plywood on the ceiling, supported by long boards extending to the floor.

Meanwhile, the woman who had just moved in to that apartment was forced to evacuate, and is staying with her mother until it is fixed, Renzo said.

“She’ll be out a couple days … but she was all happy because we’re giving her a month’s free rent,” Renzo said.

Currently, tarps are covering Building B and Building C (which is not in compliance with city code), while the roof was replaced on Building A 10 years ago – only after receiving violation notices from the city.

The tarps on Building B and Building C have been in place for at least eight years.

The mother of the tenant who did not disclose his/her name called the property “a hot mess,” citing evidence of drug use, mold, car repairs in the parking lots and excessive noise.

“Starting from the street, you’ve got craters in the driveway that do not get fixed,” said Connie Porter, a Birchwood Village resident who provides rides for her son/daughter. “For several years – and I don’t mean days and I don’t mean months – these roofs have been covered with tarps. Let’s not fix them. Let’s keep collecting rent and leave them.”

Porter said there is no policing of tenants who are violating the rules.

“There are people that are taking advantage of putting their cars in there and doing work that should be done at a mechanic’s shop,” she said. “And at Building C – the needles There is not one diabetic that I know of who goes outdoors to inject themselves with insulin and throws it on the ground. Something else is going on. Plus, the noise at all hours of the night.”

She asked what it was going to take before something gets done.

“Why should it be that you have to turn somebody in before the landlords … actually do something to keep the place the way it should be? Are they going to wait until somebody gets hurt or dies? That’s a health risk over there … a serious health risk.”

Renzo responded by saying that the police, specifically the drug task force, are “very well aware of the situation.”

“The problem is that if they know someone is doing something, it takes about a year to build a case,” he said. “The next plan of action is that we’re going to be putting video cameras in, probably, which would help. That’s our plan – to put video cameras in each building in the common areas.”

He said the management firm’s accounts receivable are thousands of dollars in arrears because many tenants have not paid rent since the COVID-19 pandemic took hold.

The federal moratorium on eviction ends on July 31, and the state moratorium concludes a month later.

“I sent a letter last week to all the people who haven’t paid and let them know the eviction moratorium is ending …,” Renzo said.

He said that all prospective tenants are subject to background checks and sex offender checks.

“Back in 1993 when the place was built, things were so much different,” he offered. “Now, all these people from Rochester are moving into town and there is a criminal element we’re dealing with. You rent to a single mother with children and her boyfriend comes in from Rochester …

“If there’s any drugs involved, the police are called and they’re doing their part. It’s no different than any other apartment complex.”

Renzo said he has yet to receive a complaint about mold in the apartments.

He advised that he is working with the United States Department of Agriculture on a plan to get the roofing replace before fall and also to pay off $60,000 in back taxes owed to Genesee County.

Renzo said the facility is owned by Northside Meadows Associates, a limited partnership.

He said that 95 percent of it has been syndicated to a company called Sterling, which utilizes National Tax Credit Fund No. 37, a real estate investment trust based in Manhasset. Renzo said he has only a 2 1/2 percent stake in the complex, with the remaining 2 1/2 percent owned by a local rural preservation company.

-----------

LE ROY MEADOWS UPDATE

Renzo said the investment group from California is submitting a workout plan to the USDA and “we expect funds to come in within a week or two.”

“Back taxes are being taken care of by the vouchering of HUD (Housing & Urban Development) money,” he said. “HUD and the USDA have agreed to the plan.”

The county is owed more than $600,000 in back taxes at the 10-building, 80-unit complex at 18 Genesee St., which also is in immediate need of roof and driveway repairs.

Previously: Le Roy Meadows manager says plan will address $600,000 in back taxes, needed repairs

Photo at top: Driveway at Northside Meadows apartment complex. Photos at bottom: Tarps covering Building B; sign along Bank Street. Photos by Howard Owens.

A 76-year-old Batavia man struck by a car on West Main Street on June 22 remains hospitalized at Strong Memorial Hospital.

Nathan J. Maniace is in stable condition at this time, according to the hospital.

Before today, Batavia PD had not released the names of the people involved in the accident. The Batavian acquired the accident report through a FOIL request.

According to the report, Maniace was walking southbound across West Main Street from the area of Burger King toward Ken Barrett Chevrolet when he was struck by a 2019 GMC sedan driven by Lloyd J. Miller, 72, of Stafford.

Miller reportedly told police that he did not see Maniace in the roadway.

No citations were issued.

Maniace was transported by ground ambulance to a landing zone in the grass lot between the County Courthouse and the Batavia Fire Station. He was flown by Mercy Flight to Strong.

The accident report was completed by Officer Stephen Quider.

Andre L. Roberts is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Oct. 21 in the Town of Alexander, that Roberts, with intent to prevent a Genesee County Sheriff's deputy from performing a lawful duty, caused serious physical injury to the officer. In count two, Roberts is accused of resisting arrest, a Class A misdemeanor, for intentionally preventing or attempting to prevent a police officer from arresting him or another person.

Robert J. Williams is indicted for the crime of aggravated cruelty of animals, contrary to NYS Agriculture and Markets Law Section 353a(1) -- a felony. On Jan. 14, with no justifiable purpose, Williams is accused of intentionally killing or intentionally causing serious physical injury to a companion animal with aggravated cruelty. In count two, Williams is accused of the same crime involving a second animal. In counts three and four, Williams is accused of fourth-degree criminal mischief, a Class A misdemeanor contrary to Penal Law Section 145.00(1), for intentionally damaging property belonging to another -- to two dogs.

Dejon J. Smith 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 Feb. 25 in the City of Batavia that Smith knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, Smith is indicted for criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day, he knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing the narcotic cocaine; these had an aggregated weight of one-eighth ounce or more. In count three, Smith indicted for the crime of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for knowingly and unlawfully possessing a controlled substance -- alprazolam. In count four, Smith is accused of tampering with physical evidence, a Class E felony. It is alleged in count four that Smith, believing certain evidence was about to be produced or used in an official proceeding, intentionally acted to prevent this. He is accused of hiding some cocaine behind a stack of storage container lids in a storage shed while hiding from a uniformed officer who was searching for him. In count five, Smith is indicted for the crime of second-degree obstruction of governmental administration, a Class A misdemeanor. It is alleged in count five, that Smith intentionally obstructed, impaired or perverted the administration of law or other government function by means of intimidation, physical force or an independently unlawful act.

Shane M. VanName is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Nov. 1 while in the first block of North Street in the Town of Le Roy VanName violated an order of protection. He is accused of intentionally harassing, annoying, threatening or alarming a protected person, or subjecting the person to physical contact or threatening to do so. In count two, VanName is indicted for second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that he intentionally disobeyed a court order of protection out of Darien Town Court issued Oct. 23. In count three, is indicted again for second-degree criminal contempt. It is alleged in count three that he intentionally disobeyed a court order out of Darien Town Court to stay away from a second person at the same address on North Street in Le Roy.

Alexander L. Baldwin is indicted for third-degree grand larceny, a Class D felony. It is alleged that between November and December that Baldwin stole property from a couple -- U.S. currency valued at more than $3,000. In count two, Baldwin is accused of the same crime for receiving funds in excess of $3,000 from the couple to perform home improvements, thus creating a trust, and then appled the funds for a purpose other than the trust intended.

Christopher L. Taylor is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Jan. 16 in the Town of Pembroke that Taylor stole property with a value in excess of $3,000.

Myles D. Macleod is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on Nov. 27 on Route 77 in the Town of Darien that Macleod rode a 2005 Harley-Davidson motorcycle while he had a BAC of .18 percent or greater. In count two, the defendant is accused of DWI as a Class E felony for operating the motorcycle that day while he was intoxicated. In count three, Macleod is accused of aggravated unlicensed operation in the first degree for riding his motorcycle that day in Darien while his driver's license was suspended or revoked by the NYS DMV Commissioner and while he was under the influence of alcohol or a drug. In count five, the defendant is indicted for circumventing a required ignition interlock device, since the motorcycle did not have one. In count five, Macleod is accused of refusing to submit to a breath test. In count six, he is accused of the violation of operating an unregistered motorcycle that day on Route 77. In Special Information filed by Genesee County District Attorney Lawrence Friedman, Macleod is accused of having been convicted of DWI as a Class E felony on Nov. 5, 2014 in Genesee County Court. The conviction forms the basis for the suspension or revocation referred to in the current indictment and it was still in effect on the day of the crimes alleged in the current indictment.

Joel Morales Cruz is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 25 in the City of Batavia that Cruz drove a 1996 Honda on Oak Street while his driver's license was suspended or revoked by the NYS DMV Commissioner. In count two, Cruz is accused of driving while intoxicated, as a misdemeanor, that day on Oak Street. In count three, Cruz is indicted for DWI, per se, as a misdemeanor. It is alleged in count three, that Cruz drove on Oak Street that day while he had a BAC of .08 percent of more. In Special Information filed by Genesee County District Attorney Lawrence Friedman, Cruz is accused of having been convicted of driving while intoxicated as a misdemeanor on April 22, 2010 in Batavia City Court and the conviction forms the basis for the suspension or revocation referred to in the current indictment and was still in effect.

Batavia PD is investigating a larceny at Mr. Wine and Liquor Store in Tops Plaza. 

The department did not release information on what was stolen.

The photo is of two people the police would like to question in connection with the incident to find out what they may know about it.

Officer Sean Wilson is handling the investigation.

The Batavia Police Department can be reached at (585) 345-6350 or phone the confidential tip line at (585) 345-6370.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $3.17, up 2 cents in the past week. One year ago, the price was $2.20. The New York State average is $3.20 – up 1 cent from last week. A year ago, the NYS average was $2.27.

AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $3.17 (up 1 cent since last week)
• Buffalo -- $3.12 (no change since last week)
• Ithaca -- $3.17 (down 1 cent since last week)
• Rochester -- $3.16 (no change since last week)
• Rome -- $3.25 (no change since last week)
• Syracuse -- $3.16 (no change since last week)
• Watertown -- $3.22 (up 1 cent since last week)

The national average price for gasoline is on the rise after demand reached an all-time high. Summer travel is in full swing as many people look to vacation after the coronavirus pandemic put plans on hold for some time. A recent report from the Energy Information Administration (EIA) shows that gas demand decreased from the all-time high of 10.04 million b/d to 9.28 million b/d.

The decrease, alongside a one million bbl increase in total domestic gasoline stocks to 236.5 million, has helped to slow pump price increases. However, with oil prices above $70 per barrel, pump prices will likely remain high (above $3 per gallon) throughout the busy summer driving season.

From GasBuddy:

"Gas prices across the country have been a bit sideways in the last week with a mixed bag of decreases and increases, but overall, the national average hasn't seen much meaningful direction as oil prices remain under their early-July levels thus far, thanks to OPEC coming to an agreement on production over the weekend," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"OPEC's plan is to raise oil production by 400,000 bpd each month until 2022, at which time OPEC's oil production will be back at pre-COVID levels. It's a positive development in light of U.S. gasoline demand which last week rose nearly 2 percent, which should act as a loose ceiling on the price of oil, and could mean we're even closer to seeing a peak in the national average if we haven't already."

A car vs. school bus accident is reported at East Main Street and Alleghany Road in the Village of Corfu.

There are believed to be 26 students on the bus.

Corfu fire is dispatched. Mercy EMS is dispatched for treatment of minor injuries and evaluations.

UPDATE 8:05 a.m.: A Corfu chief on scene reports any injuries are minor and medics are required to respond for evaluations and documentation.

A motor-vehicle accident is reported in the area of 5678 Walkers Corners Road and the occupants of the vehicle have reportedly fled the scene on foot.

The vehicle ran into a tree.

The occupants are described as teenagers. Both fled north before cutting west toward Bank Street Road.

Byron and South Byron fire are responding to the accident.

UPDATE 7:24 p.m.: They're reportedly in a cornfield with shoulder-high stalks limiting visibility.

UPDATE 8 p.m.: There is an ongoing search for the subjects.

UPDATE 8:45 p.m.: "Both subjects secured. No injuries," a first responder reports. Byron and South Byron back in service.

Two accidents with injuries are reported on the westbound Thruway in the area of mile marker 396.8. A male in a van in the left lane is injured and two children and their mother are also occupants; unknown injuries. A female in a vehicle in the median is also injured.

Three ambulances are called in, including one from Alexander and two Mercy rigs. Pembroke fire is in command and East Pembroke Fire Department is on scene as mutual aid.

UPDATE: 3:30 p.m.: A mother and baby were transported to ECMC. A father and daughter were transported to John. R. Oshei Children's Hospital in Buffalo.

A semi-truck rollover accident, followed a half hour later by a truck with a horse trailer striking two other vehicles, are reported in the area of mile marker 390.9  of the westbound Thruway.

The driver of the first truck was out of the truck before first responders arrived.

No injuries reported in the second accident. 

Town of Batavia fire and Mercy EMS on scene.

Press release:

The Holland Land Office Museum is proud to announce the return of its History Heroes Summer Program will be running Saturdays from 11 a.m. - 3 p.m. The dates are: July 24, Aug. 14, Aug. 21, Aug. 28 and Sept. 4.

The theme is "Fun in the Roaring '20s" -- learning about different aspects of life 100 years ago. Join us to learn about the 1920s! Dance, sing, read, play, create, explore, and learn some history.

The program will explore many facets of the era through many creative and interactive activities, and includes daily local walking field trips around Batavia.

The program is open to children 7-12 and is limited to 16 participants each day. Registration is available for each individual day or for all five.

Admission is $10 per child with discounts for multiple children and museum members. The program includes a field trip on Sept. 4th to the Arcade & Attica Railroad, which has a $20 admission.

Registration forms can be found at the museum's website, Facebook page, or by contacting the museum at (585) 343-4727.

Masks and social distancing requirements are required. Lunches are available for participants.

This project is made possible with funds from the Decentralization Program, a regrant program of the New York State Council on the Arts with the support of Governor Andrew Cuomo and the New York State Legislature and administered by GO ART!

Learning that Batavia lawmakers apparently have squashed his vision of placing a disc golf course at Centennial Park is not sitting well with 27-year-old Phillip Boyd, the Hart Street resident who pitched the idea at a City Council meeting in late May.

This past Monday, Council members – responding to complaints from homeowners living near the tree-dominated park in the northwest quadrant of the community – agreed that Centennial Park is “off the table” as a potential location for a nine-hole layout for a sport that has gained in popularity in recent years.

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SIDEBAR: Western New York: A Hotbed for Disc Golf

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Boyd is an avid disc golfer who competes in a league at courses in the Buffalo/Niagara region and has played at courses closer to home, including one at Hartland Park in Bergen. He said he’s not giving up on his push to have a disc golf course in Batavia and sees the 14-acre parcel across from the New York State School for the Blind as the perfect place.

“I’m definitely going to still try to get it there,” he said on Friday. “The main thing that I’m disappointed in is that the argument that they have is ‘keep it a green park’ when it has never truly been a green park. And, also the idea of the traffic being around there.It’s a park. It’s not busy now and parks are typically busy.”

Boyd said numerous people have told him that Centennial Park is rarely used.

“That’s the thing that should be changed -- to actually use a giant open space, and actually use it in Batavia. We have no activities around here. There’s nothing to do; everyone has to go to Buffalo and Rochester,” he said.

“These smaller towns like Bergen, Pembroke; they can do these, but Batavia can’t. That’s why we’re so far behind and why Batavia is a declining city. We aren’t the true hub of Genesee County. Everyone’s leaving Batavia because there is nothing to do here.”

JANKOWSKI: FOLLOW THE PROCESS

City Council President Eugene Jankowski Jr. said he and his colleagues do support events and activities, regularly approving requests from community organizations that are submitted to city management and staff.

“There’s a procedure and a process for these types of things and putting in a disc golf course at a city park is no exception,” Jankowski said. “Mr. Boyd was requested by Council to hand over his plans and documents to the city manager (Rachael Tabelski) for review and to get that process started, but he has yet to do so.”

Jankowski said Boyd appeared at two Council meetings, stating his case for disc golf during the public comments session.

“He was asked twice to submit the paperwork to the city manager, but instead he showed up at two City Council meetings and has yet to submit his written plans,” he said.

When this was mentioned to Boyd, he said he intends to hand in the information (sketches and a detailed course layout at Centennial Park) on Monday – July 19^th, the deadline that he says he was given by Tabelski.

The Council president said his main issues with Centennial Park are that it has no facilities -- specifically bathrooms and amenities that are available at other city parks -- and that the only parking is along city streets.

“We’re willing to work with Mr. Boyd to find a better place, including working with our partners at neighboring towns and with Genesee County to try to make this happen,” Jankowski offered. “We’re not against disc golf, and are willing to look at other alternatives.”

BOYD: ‘SOME AREN’T OPEN TO CHANGE’

Boyd said he has walked the other parks in the city and finds that none of them, except maybe Williams Park (depending upon how much land the city owns at that location), would be acceptable.

“The Council president said that Centennial is off the table,” Boyd said. “If he is going to do that for 150 signatures and 12 people who showed up at the (July 12) meeting, that’s a problem. If I come with as much support as I have – a lot more than 150 signatures -- and he is still going to stand with that, then you’re not really being open to the idea of change in Batavia.”

“If Batavia is the hub of Genesee County, the lone city, we should be the one to lead the way for all the towns. Why do so many towns in our area have more activities than the city? There’s no reason for that.”

Boyd said he “feels comfortable with the amount of support he has and it’s building,” noting that he has reached hundreds of people through various social media platforms.

Jankowski questioned Boyd’s petition, which he said is on change.org.

“That’s open to anyone in the country,” he said. “How would that have anything to do with people who live here?”

DIFFERENCES OF OPINION

Residents of Ellicott Avenue and Park Place, two of the streets that border Centennial Park, came to last Monday’s meeting and urged Council to keep the park as it is – without any permanent structures other than trees – now and into the future.

Some brought up the “negatives” associated with disc park, but most were there to profess their affection for the park in its current state.

Before they had a chance to voice their opinions, however, Jankowski said that he had received information that Boyd had backed off on having the course at Centennial Park due to the neighbors’ concerns and was open to other locations.

When that was conveyed to Boyd yesterday, he said that he never agreed “with just dropping this.”

“I said if there was a good enough reason why they didn’t want it here other than it is a green natural park, which technically it is not, (then I would listen),” he said. “But it hasn’t been that at all.

"They say traffic. If you put anything in any public space, that public space will be used more. Therefore, there will be more traffic. If they have a better opposition except just those small things, I’ll leave it alone.”

He then said that a nine-hole pitch and putt golf course used to be at Centennial Park in the 1960s.

“No one wants to bring up that golf balls do way more damage than a disc could ever do,” he said. “The park used to have a fountain and a pond before things got changed over. Then, in time it was stopped and taken care of by New York State and then they gave it over to the city.”

CITY IS WAITING FOR INFORMATION

Tabelski said that an email from Maintenance Supervisor Ray Tourt indicated that he spoke with Boyd, who said he was willing to look at Kibbe and Williams parks if Centennial wasn’t available.

“The confusion stems from the fact that Phil has yet to submit the information that the Council president and staff has requested,” she said. “Even taking Centennial Park out of the mix, if you look to work with the city, there is a process to follow.”

She said that process includes review of any requests by the city manager, department heads and city attorney, considering financial and insurance implications. Once the review is complete, it then is brought forward to City Council for discussion and potentially to a vote.

“We’ve engaged with him and we’re waiting for his plans and documents,” she said, reiterating Council’s decision. “City Council will not consider Centennial due to its historic use and importance to the community.

“It was clear that it was the strong sense of Council that it is inappropriate. Phil has not reached out to myself or the Parks Department to further discuss an alternative location.”

DISC GOLFERS: A RESPONSIBLE GROUP

Boyd defended the disc golf community, one that he says is “very big on being as respectful as possible” and provided examples where disc golfers have won over those who initially were against them. He said disc golfers police each other and prioritize keeping the courses in top shape and free of debris.

“If somebody notices that someone does something not typical of our community, they’ll speak up to them and say, ‘Hey, that’s not what we do. Don’t make us look bad. Please refrain from doing that, and do it this way,’ ” he said.

He said disc golfers carry out the trash they carry in where no garbage cans are provided, and some disc golfers walk the courses to pick up trash left behind by other park goers.

“There’s plenty of room at Centennial Park,” said Boyd, comparing it to Pine Woods Park in North Tonawanda. “When they first started to put a course at Pine Woods, the residents in the neighborhood were so against it. They had picket signs in their front lawns that read, ‘No to disc golf.’”

“But eventually they got the course approved and they put in a nine-hole course. Two years after that, even after they had continued pushback from the neighborhood, the city approved an increase to an 18-hole course because the city realized how many people were coming to play. It was huge; the park was actually being used again.”

He said he mirrored his course layout after Pine Woods because it is similar to Centennial Park.

“The way I’ve set it up is that there will be room for other activities and still have disc golf,” he said, adding that it would take up about two-thirds of the park, stopping short of the hill used for winter sledding.

He said that he told Tourt that he walked all of the other parks and “there’s no other true park in Batavia other than Centennial that will give you a disc golf course that will bring anyone to it.”

CENTENNIAL? PAR FOR THE COURSE

Boyd said his nine-hole course works so well at Centennial Park because of the abundance of trees.

“You can set trees up in a fairway to make it more difficult hole. You can make holes so much shorter as long as the trees make it more difficult,” he explained, showing a printed Google map of the proposed course. “A few friends and I have placed portable baskets at the park and played the course a few times, and it works out great.”

He said the first hole starts at the corner of Park and Ellicott and is angled inward toward the park to avoid the road – a par 3, 300-foot shot. He said he tried keep everything away from the roads to avoid any possible danger.

“It works down Park Avenue for two of the holes and the third hole comes back toward the center of the park. The fourth hole goes about 50 feet short of the walkway and hole five brings you back down to the middle of the park,” he said.

“Six and seven are in the middle of the park, eight brings you to the outside and hole nine is up at the corner of Richmond and Ellicott and brings you down to where you first started.”

He said the average hole length is about 225 feet.

Hartland Park in Bergen has a nine-hole course that is similar to the one Boyd has drawn up. There, he said, disc golfers coexist with those walking their dogs and using the park for other purposes.

“There was opposition at first from people saying they didn’t want discs thrown in their backyards,” he offered. “That’s not the case anymore because people realize that the disc golf community is a good community, and there’s really no true harm in it. And people still walk their dogs there; I see them while I’m playing.”

COUNCILPERSON-AT-LARGE WEIGHS IN

Councilperson-at-Large Robert Bialkowski said he has been trying to educate himself about disc golf, talking to managers and officials at Darien State Park, Beaver Island State Park on Grand Island, and Lincoln Park in Buffalo – places that offer the activity.

He said the consensus is to have these courses away from the general public.

“The manager at Darien Lakes State Park said they have it on trails that aren’t used much,” Bialkowski said. “And the discs aren’t Frisbees; they’re special discs for different uses – short range, long range. If you get hit by one, it’s going to sting.”

He also said courses should be equipped with trash cans and some need additional landscaping to make them work.

“The manager at Lincoln Park said they have an 18-hole course that used 16 to 20 acres and it works out pretty well, except for one part that is near a picnic area,” he said.

Bialkowski explained that Batavia’s smaller neighborhood parks may be able to support a disc golf course, but noted that baseball and other athletic fields have taken space that previously was used for walking and hiking.

GCC COULD BE A POSSIBLE SITE

As far as Centennial Park is concerned, he said citizens have spoken, they enjoy the park as it is and Council has rendered its decision.

“Being an at-large councilman, I represent all of the citizens of the city,” he said. “We have to do our homework. I’m disappointed that Mr. Boyd isn’t satisfied with our process, but that’s the way it is.”

Jankowski said that he heard there was movement toward putting a disc golf course at Genesee Community College and encouraged Boyd to look into that as well as other possibilities.

“There might be better options out there and I find it interesting that he is so focused on one area and not any other opportunities that might be even better,” he said. “Let’s look into it.”

Boyd, in response, said he is aware of a course proposed for GCC and is assisting those who are spearheading that effort as well.

"They were having problems with finding funding and I’m now working with them to get the funding and quotes for the baskets, tee pads and signs with the people I have connections with," Boyd said, adding that it opens up the prospect of having disc golf courses in both the town and city. 

Previously: Residents speak out against disc golf at Centennial Park

Photo at top: Phillip Boyd, wearing his disc golf jersey, displays his plans for a course that he hopes will find its way to the City of Batavia. Photo at bottom: The course that he designed for his preferred destination -- Centennial Park, which has been removed from consideration by City Council. Photos by Mike Pettinella.

The president of the Western New York Disc Golf Club LLC said the sport -- in the same manner as bowling, walking, bicycling and swimming – is an activity for people of all ages and skill levels.

“The great thing about disc golf is that anybody can go out and play it. You don’t have to be the college athlete; you can do it for exercise, to have some fun with your friends or you can get into the competitive side of it. It has different functions for different people,” said Jeremy Hoeltke, of Grand Island.

A tree is down and blocking half the roadway in the vicinity of Dublin and Buckman roads in Bethany. There's a phone wire down, too.

Bethany Fire Department is responding and they are in contact with the town highway department. Fire police are also responding with cones and traffic control.