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South Byron Fire installs officers and honors dedicated volunteers at annual dinner

By Howard B. Owens
south-byron-fire-dinner-2025

Among the highlights for the South Byron Volunteer Fire Department in 2024 was the purchase of 11 air packs with 22 cylinders using $91,000 in grant funds, according to Chief Brian Hickey.

"In turn, in good fortune, in our brotherhood, the well-maintained air packs (being replaced) were donated to New Hope Volunteer Fire Department in Kentucky," Hickey said.

The department installed officers and presented annual awards at its annual dinner at the South Byron Fire Hall on Saturday evening.

The department has 22 active members and responded to 62 calls in 2024, with no reported injuries or deaths.

The newly installed firematic officers for 2025:

  • Brian Hickey, chief
  • Scott Blossom, deputy chief
  • Vito Muoio, assistant chief
  • Chase Cone, captain
  • Al Secash, 1st lieutenant
  • Mathew Dougherty, 2nd lieutenant
  • Haley Rimmer, engineer
  • Reggie Macdonald, fire police captain
  • Theresa Hammer, fire police sergeant
  • Dan Rimmer, fire police corporal

Administrative officers for 2025:

  • Reggie Macdonald, president
  • Robert Wilson, vice president
  • Alfred Klycek, treasurer
  • Elizabeth Penkszyk, secretary
  • Theresa Hammer, membership chair
  • Roseanne Klycek, sunshine chair

Auxiliary Board for 2025

  • Theresa Hammer, president
  • Haley Rimmer, vice president
  • Roseanne Klycek, treasurer
  • Melody Stone, secretary
  • Theresa Hammer, party chair
  • Melody stone, sunshine chair
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Captain Chase Cone was named Fireman of the Year. The award was presented by Alfred Klycek.
Photo by Howard Owens.
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Administrative officers Jan Macdonald and Reggie Macdonald, president, were named Members of the Year. Award presented by Alfred Klycek.
Photo by Howard Owens.
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Chief Brian Hickey presents the Most Calls Award to First Lieutenant Al Secash.
Photo by Howard Owens.
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Michael Dougherty received an award for most training hours.
Photo by Howard Owens.
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The auxiliary purchased lighted safety vests for the department.
Photo by Howard Owens.
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Photo by Howard Owens.
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Department members and auxiliary members
Photo by Howard Owens.

Major new apartment complex in Pembroke near completion on first set of units

By Howard B. Owens
pembroke apartments
Photo by Howard Owens

The first phase of a $16 million apartment complex on Alleghany Road in Pembroke is nearing completion, and reservations for one- and two-bedroom apartments are being accepted.

The anticipated move-in date for new tenants is April 1, said developer Michael Schmidt.

Schmidt owns a parcel at 8900 Alleghany Road that has been approved for four buildings. Each phase, each building, consists of eight one-bedroom units and 16 two-bedroom units for a total of 96 market-rate units at build-out, along with 168 parking spaces and garages.

"We're ready," Schmidt told The Batavian during a tour on Friday of the complex under construction. "We took our first reservation today; somebody who wanted this lower one down here, we just walked past. So we're gonna let people pick (what unit they want)."

The rentals are currently listed on Zillow.

The one-bedroom units are 680 square feet and rent for $1,295 a month. The two-bedroom units are 900 square feet and go for $1,595.

That doesn't include utilities but free wi-fi and basic television service (a QR code on each unit's router allows the tenant to purchase premium services).

When entering the one bedroom, you will be essentially walking into the kitchen, which contains a refrigerator and an island with a stove and dishwasher. The unit will also have a microwave oven.

The bathroom is 3/4 (shower only, no bathtub). 

On entering the two-bedroom, you step into the dining area. Between the kitchen and dining area is a countertop that can seat three or four people.  It will also contain a refrigerator, stove, microwave, and dishwasher.  It will have a full bath.

Both units contain a stacked clothes washer and dryer.

There is central air in all units.

Tenants will have the option to rent a storage closet in the building or a garage.

The floors will be covered with vinyl tile, with carpet in the bedrooms, over a poured gypcrete. The gypcrete provides both fire protection and soundproofing. There are also 12-inch beams between the floors, Schmidt said, providing further soundproofing.  The walls use resilient channels to baffle sounds between units.

"That's going to be really good on sound, super efficient," Schmidt said. "We've got 900 square feet in the two bedrooms and 680 square feet in the one bedroom, so that's a nice size. It's not overly big, but they're super high efficiency, so I think people will be really happy."

Tenants will be allowed to own a small dog or cat.

With cabinets and other fixtures arriving in the next few weeks, it won't be long before the units are finished, and Schmidt said he will furnish two units. For one thing, that will give him demo units for photos and virtual tours, but he also anticipates there will be future tenants who want furnished units, especially to support workers at Darien Lake and WNY STAMP.

Whether Schmidt constructs the other complexes on the parcel will depend on whether the demand he anticipates for apartments on the Route 77 corridor materializes.

The project, on an 8.2-acre lot, which had an initial cost estimate of $15 million, is supported by the Genesee County Economic Development Center with a sales tax exemption on building materials worth $739,200, a property tax abatement of $2 million, and a mortgage tax abatement of $130,000. 

The town has been great to work with, Schmidt said. Stringent but fair.

"I haven't gotten a lot of love from them, and I mean that sincerely," Schmidt said. "I like Jim (James Wolbert, code enforcement officer) but he hasn't been like wink and nod. There's been no 'Hey, we want the project so we're gonna let you slide out of stuff.' He's busted our chops on every single nit."

It isn't that way in other jurisdictions, Schmidt said. For example, even though the garage complexes have no electric and no heat, the walls between fire units must be fire-rated.

"Nobody does that," Schmidt said. "All those units will be fire-rated. There's no electric, no heat, but Jim's in charge. If you want to have a building, the inspector always wins, so what he wants, he gets. He hasn't cut us any breaks but that's okay. You can't be upset with somebody for doing their job."

Previously:

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Developer Mike Schmidt standing in what will be the kitchen area of a one-bedroom apartment in the complex he's building in Pembroke.
Photo by Howard Owens.
pembroke apartments
The interior of a two-bedroom apartment under construction in Pembroke, showing the dining area, kitchen, living room and doorway into a bedroom (taken from the entrance to the full-bath next to where the washer and dryer will be).
Photo by Howard Owens.
pembroke apartments
Photo by Howard Owens
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Exterior rendering of the complex.
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Interior rendering of the dining, kitchen, and living room of a two-bedroom apartment.

Plug Power secures $1.66 billion loan from Department of Energy for clean hydrogen plant construction

By Howard B. Owens
plug power WNY STAMP
File Photo

Plug Power, the green hydrogen manufacturing firm based in Lathan, with a plant under construction in the town of Alabama, has closed on a $1.66 billion loan guarantee with the U.S. Department of Energy.

The loan guarantee has been under negotiations for months and closes just days before President Joe Biden leaves office.

“Finalizing this loan guarantee with the Department of Energy represents a significant step in expanding our domestic manufacturing and hydrogen production capabilities, which create many high-quality jobs throughout the U.S.,” said Plug CEO Andy Marsh in a release. “In addition to reducing carbon emissions and enhancing the resilience of the U.S. energy grid, we believe the hydrogen economy aligns closely with national security interests, ensuring that the U.S. remains at the forefront of energy technology development and deployment on a global scale.”

Based on prior reporting, it's unclear if Plug intends to use a portion of the loan funds to complete its $290 million green hydrogen fuel plant under construction in WNY STAMP.

Chris Suozzi, VP for business and workforce development at the Genesee County Economic Development Center, reportedly told a Washington, D.C.-based commercial real estate firm that Plug Power's STAMP project is on hold.

However,  throughout the negotiations process, Plug Power has publicly maintained that it intends to use the fund to complete six plants, which has previously included the local plant.

In a release on Thursday, Plug stated:

The loan guarantee will help finance the construction of up to six projects to produce and liquify zero- or low-carbon hydrogen at scale throughout the United States. Plug’s Graham, Texas, green hydrogen plant, the first to benefit from this financing, will create hundreds of high-quality jobs. Powered by an adjacent wind farm, Plug’s green hydrogen production plant will utilize the company’s electrolyzer stacks manufactured at its factory in Rochester, N.Y., and its liquefaction and storage systems built at its facility in Houston.

The company already has operational plants in Georgia, Charleston, Tennessee, and Louisiana.

The loan is for $1.55 billion in principal, and Plug is expected to pay $107 million in interest.

The DOE release states:

Advancing clean hydrogen is a key component of the Biden-Harris Administration’s whole-of-government approach to building a robust clean energy economy that creates healthier communities, strengthens energy security, and delivers new economic opportunities across the nation. Today’s announcement will help unlock the full potential of this versatile fuel and support the growth of a strong, American-led industry that ensures the United States remains at the forefront of the global economy for generations to come. Plug submitted its application to LPO in November 2020. 

The release states the Plug is positioned to build out clean hydrogen facilities in several potential locations and to supply its national customer base with end-to-end clean hydrogen at scale.

This project advances President Biden’s efforts to strengthen domestic clean energy supply chains, which are essential to meeting the nation’s ambitious climate goals and enhancing our national and energy security.

The DOE expects that hydrogen from the plants will fuel cell-electric vehicles in material handling, transportation, and industry, which could result in an 84 percent reduction in greenhouse gas emissions compared to conventional hydrogen production. 

The clean hydrogen facilities will utilize Plug’s electrolyzer stacks that are manufactured at the company’s state-of-the-art gigafactory in Rochester, NY and will use modular designs to ensure a resilient hydrogen fuel delivery network. Plug is among the leading commercial-scale manufacturers of electrolyzers in the United States and currently operates the largest Proton Exchange Membrane (PEM) electrolyzer system in the United States at its Georgia hydrogen plant. 

The DOE explains the process:

Electrolyzers use electricity to split water into its component parts, hydrogen and oxygen. Plug’s PEM technology allows it to operate efficiently even with variable electricity, enabling it to leverage electricity from intermittent renewables. Electrolyzers that use renewables to power their hydrogen production produce emissions-free clean hydrogen. The electrolyzer stacks can be easily configured to produce systems at 1 megawatt (MW), 5 MW, and 10 MW scales. (One MW powers the equivalent of 750 American homes based on their instantaneous demand.)

Wall Street's reaction to the news of the loan? A 7% drop in the stock price, bringing it down to $2.44 a share by the close on Friday. 

The Motley Fool stock news site suggests history is working against Plug in investor's minds. 

In its 28-year history, Plug has never turned a profit. The company has reported reported $1.4 billion in losses. It also has $930 million in debt already on its books.

Tony Kutter, who helped grow family cheese business into international concern, dies at 91

By Howard B. Owens
Tony Kutter
Tony Kutter with his book "Cheese in the Time of Glasnost and Perestroika" in his home in Pembroke in a 2015 file photo.
Photo by Howard Owens.

Local business legend Tony Kutter passed away on Wednesday at his home in Pembroke, surrounded by his family.

He was 91.

Kutter and his brother inherited their father's business, Kutter's Cheese, in the 1950s, when they were in their twenties and turned it into a business with an international reputation.

In 1995, after the fall of the Soviet Union, Kutter traveled to Russia as part of a trade exchange program to help aspiring Russian entrepreneurs learn how to start cheesemaking businesses.

Kutter himself learned the business from his father, Leo, who learned the trade in Germany after fighting for the Kaiser in World War I and, on the advice of a boss, moved to America, settling in the then-thriving city of Buffalo but dreaming of starting his own cheese-making business.

By the time the Kutter sold the family business to Yancy's Fancy in 1998, Kutter's had worldwide retail reach.

"I've always been adamant about promoting wine and cheese," Kutter told The Batavian in 2010 when Kutter's Cheese was named Agriculture Business of the Year. "We also supply a lot of wineries with cheese for wine tasting."

As part of the exchange program, Kutter made 31 to Russia and Ukraine over 13 years.

In 2015, Kutter published a book about his experiences in Russia, "Cheese in the Time of Glasnost and Perestroika."

Anthony William Kutter was born March 4, 1933, in Cowlesville, to Leo and Flora Kottman Kutter.

He graduated from Corfu High School in 1951. He was drafted into the U.S. Army and served in Korea for two years.

For his full obituary, click here.

Law and Order: State Street resident accused of resisting arrest, other charges following traffic stop

By Howard B. Owens

Latoya Denise Jackson, 39, of State Street, is charged with resisting arrest, two counts of criminal possession of a controlled substance 7th, driving with a suspended v vehicle registration, aggravated unlicensed operation 3rd, and driving without insurance. Jackson was stopped at 4:48 a.m. on Washington Avenue, Batavia, by Deputy Richard Flores. Jackson was allegedly found in possession of two different controlled substances, and she resisted arrest. He was released on an appearance ticket.

Rachelle Nicole Laney, 38, of River Road Xing, Pavilion, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 2nd, driving too slow, and equipment violation. Laney was stopped at 11:48 p.m. on Dec. 31 on Roanoke Road, Stafford, by Deputy Andrew Mullen. She was issued appearance tickets.

Kenneth Richard Sheard, 45, of South Lake Road, Bergen, is charged with endangering the welfare of a child and harassment. Sheard is accused of striking a person under the age of 17 at 8:37 p.m. on Jan. 1 at a location on South Lake Road, Bergen. Sheard was held pending arraignment.

David Ryan Paddock, 25, of Myrtle Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, unregistered vehicle, speed not reasonable and prudent, and moving from lane unsafely. Paddock was reportedly involved in a property damage accident at 7:18 p.m. on Dec. 21 at a location on Warsaw Road, Le Roy and charged following an investigation by Deputy Stephen Smith. Paddock was issued traffic tickets.

Vincent James Auguliaro, 34, of Maple Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Auguliaro was stopped at 12:21 a.m. on Jan. 3 on West Main Street, Corfu, by Deputy Stephen Smith. Auguliaro was issued traffic tickets.

Tyler James Bull, 22, of West Main Street Road, Batavia, is charged with criminal contempt 2nd. Bull is accused of violating an order of protection by calling another person 142 times. He was arrested at the Genesee County Jail and released back into jail custody.

Nicholas Adam Pietrzykowski, 48, of East Road, Wyoming, is charged with felony DWI, leaving the scene of a property damage accident, drinking alcohol in a motor vehicle, and moving from lane unsafely. Pietrzykowski is accused of being involved in a property damage accident at 2:50 p.m. on Jan. 5 on Galloway Road and fleeing into the woods. He was taken into custody by Deputy James Stack and K-9 Rayzor. He was held pending arraignment.

Nicholas Dean Kersch, 29, of Wyoming Street, Warsaw, is charged with DWI, driving with a BAC of .18 or greater, speeding, and moving from lane unsafely. Kersch was stopped at 2:21 a.m. on Jan. 5 on Lake Street, Le Roy by Deputy Zachary Hoy. Kersch was issued traffic tickets.

Hugh Michael Rohrer, 22, of Brandford Place, Buffalo, is charged with DWI, driving left of the pavement, and moving from lane unsafely. Rohrer was reportedly involved in a two-vehicle accident at 5:56 a.m. on Jan. 1 on Alleghany Road, Alabama and was charged following an investigation by Deputy Jacob Kipler.

Adrian Joseph Aughenbaugh, 27, of Columbia Avenue, Batavia, is charged with criminal possession of a controlled substance 7th. Aughenbaugh was reportedly a passenger in a vehicle stopped at 12:41 a.m. on Jan. 6 on Buffalo Road, Bergen. A search allegedly located a controlled substance. He was processed at the Genesee County Jail and released.

Jared Ryan Burns, no age provided, no residence provided, is charged with obstruction governmental administration 2nd, trespass, and disorderly conduct. Burns is accused of remaining at the Department of Social Services on East Main Street Road, Batavia, at 11:43 a.m. on Dec. 30. Burns was allegedly uncooperative and attempted to prevent deputies from removing him. He was jailed pending arraignment.

Travis David Gassman, 30, of Perry Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Gassman was stopped at 6:38 p.m. on Jan. 11 on Perry Road, Pavilion, by Deputy Zachary Hoy. He was issued traffic tickets.

William Edward Farnsworth, 40, of Eagle Harbor Road, Barre, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, speeding, and unlicensed driver. Farnsworth was arrested on Jan. 10. He was accused of possessing cocaine during a traffic stop by Deputy Zachary Hoy at 3:24 p.m. on March 30 on Buffalo Road, Bergen. He was issued an appearance ticket.

Feyza Gabriel Osmacikli, no age provided, of Main Street, Batavia, is charged with criminal possession of a controlled substance 7th.  Osmacikli is accused of possessing a narcotic during a traffic stop by Deputy Jeremiah Gechell at 10:20 p.m. on Jan. 4 on Oak Street, Batavia. Osmacikli was released on an appearance ticket.

Jose Reyes Ramirez-Perez, 29, of Malone, is charged with DWI, refusal to take a breath test, speeding, and drinking alcohol in a motor vehicle. Ramirez-Perez was stopped at 2:05 a.m. on Jan. 12 on West Main Street, Batavia, by Deputy Soren Calderon. He was issued traffic tickets.

Claudie Vern Goodenow, Jr., 42, of Prospect Street, Attica, is charged with aggravated unlicensed operation with five or more suspensions, criminal possession of a controlled substance 7th, lights not to standards, and no inspection sticker. Goodenow was stopped at 2:29 a.m. on Jan. 10 on Broadway Road, Bethany, by Deputy Jacob Kipler. Goodenow was issued an appearance ticket.

Jessica Lynn Goodenow, 43, of Prospect Street, Attica, is charged with two counts of criminal possession of a controlled substance 7th. Goodenow was reportedly a passenger in a vehicle stopped at 2:29 a.m. on Jan. 10 on Broadway Road, Bethany. A search allegedly located controlled substances in the vehicle. Goodenow was processed at the Genesee County Jail and released.

Salvatore Michael Schwable, 27, of Oakfield, is charged with possession of a forged instrument 1st and two counts of petit larceny. Schwable is accused of using counterfeit currency to purchase merchandise from a gas station on South Main Street, Oakfield at 10:58 p.m. on Nov. 28. He was arrested Jan. 13 following an investigation by Deputy Soren Calderon. He was held pending arraignment.

Warren Thomas Cotton, 47, of Park Road, Batavia, is charged with promoting prison contraband 2nd. Cotton is accused of possessing homemade alcohol under the bunk of his bed at the Genesee County Jail at 7 a.m. on Jan. 14. He was issued an appearance ticket.

Cori L Cleland, 39, of Perry, is charged with DWAI drugs. Cleland was arrested Jan. 1 in connection with a vehicle accident reported in Septermber. She was issued an appearance ticket.

Davor E. Hodgson-Aguilar, 36, of Long Beach, was arrested on Jan. 8 on a warrant. Hodgson-Aguilar was initially charged with petit larceny in October of 2023. The warrant was issued for alleged failure to appear in court. He was arraigned in City Court and released.

Julie L. Dutton, 29, of Batavia, is charged with harassment 2nd. Dutton was allegedly involved in a fight on Jan. 2 where she grabbed and shoved another person. She was issued an appearance ticket.

Antwoine D. Lara, 28, of Endicott, was arrested on Jan. 5 as a fugitive from justice. Lara was taken into custody when Batavia PD responded to an incident on Liberty Street. During the investigations, police determined there was a warrant for her arrest issued in Pennsylvania. She was jailed pending extradition.

Zachary R. Whitehead, 31, of Batavia, is charged with criminal impersonation and multiple traffic violations. Whitehead was stopped by Batavia PD on Oct. 8 and allegedly provided officers with another person's name. He was arrested Jan. 5 and issued an appearance ticket.

Brant G. Matthews, 30, of Greece, was arrested on Jan. 3, on a warrant. The warrant stems from a traffic stop on Jan. 18, 2024. He was allegedly found in possession of a controlled substance. He was arraigned in City Court and released.

Hunter M. Court, 25, of Alexander, is charged with DWI. Court was stopped on Dec. 24 on Court Street. He was issued traffic tickets.

Maresa A. Lodowski, 20, of Batavia, is charged with petit larceny. Lodowski is accused of shoplifting from Dollar General on Dec. 29. She was issued an appearance ticket.

Law and Order: Batavia man accused of assaulting police officers

By Howard B. Owens
brian kent
Brian Kent

Brian F. Kent, 53, of Batavia, is charged with assault 2nd, assault 3rd, and obstruction of governmental administration 2nd. Kent was arrested on Dec. 24 in connection with an incident on Dec. 21. When officers attempted to take Kent into custody on a separate incident, he allegedly fought with two police officers, causing injuries to both of them. He was arraigned and jailed.

Nathan L Royse, 33, of Batavia, is charged with criminal possession of a weapon 3rd. Royse is accused of attempting to stab another person in Austin Park on April 23. He was arrested on Dec. 19. He was arraigned and released.

James E. Murray, Jr., 36, of Batavia, is charged with burglary 2nd, criminal contempt 1st, and harassment 2nd. Murray is accused of violating an order of protection on Dec. 6 during an incident on Montclair Avenue. He was arraigned in City Court and jailed. 

Samuel R. Blackshear, 23, of Batavia, is charged with burglary 2nd, criminal contempt 1st, criminal obstruction of breathing, and endangering the welfare of a child. Blackshear is accused of violating an order of protection at a location on Ellsworth Avenue on Dec. 15. He is accused of placing his hands around the neck of another person. She was reportedly unable to breathe. He was arraigned and released.

Douglas G. Goodwin, 33, of Alabama, is charged with reckless endangerment 2nd and aggravated unlicensed operation 1st.  On Dec. 13, officers were dispatched to a report of a suspicious vehicle on Ellicott Street. When officers approached the vehicle, the vehicle was placed in reverse, and it accelerated almost striking one of the officers. The driver then fled the area. Goodwin was arrested on Dec. 14. He was issued an appearance ticket.

Adam J. Howard, 39, of Rochester, is charged with petit larceny. Howard is accused of stealing a TV and Amazon Fire TV stick from a residence in Batavia. He was arraigned and released.

Cody M. Landin, 36, of Middlebury, is charged with DWI. Landin was reportedly involved in an accident on Dec. 14 on West Main Street. When police arrived on scene, he allegedly left and initially failed to stop when officers attempted to pull him over. he was arraigned and released.

Marcus Cauldwell, 32, of Batavia, is charged with criminal mischief 4th and endangering the welfare of a child. Cauldwell is accused of damaging a door in the presence of a child during a fight on Bank Street. He was arraigned and released.

William E. Tolliver, Jr., 62, of Batavia, is charged with DWI. Tolliver was stopped on Dec. 20 on East Avenue. He was issued traffic tickets and released.

Trace G. Brewer, 24, of Batavia, was arrested on Dec. 19 on two warrants. Brewer is accused of fleeing on foot from police when officers attempted to take him into custody, leading to a charge of resisting arrest and objecting to governmental administration 2nd. He was arraigned and released.

Samantha L. Tate, 32, of Batavia, was arrested on Dec. 19 on a warrant. She was initially charged with driving while ability impaired by drugs in March, 2023, and allegedly failed to appear in court. She was arraigned in City Court and released.

Robert Z. Johnson, 65, of Batavia, is charged with two counts of harassment 2nd. Johnson is accused of hitting another person on Dec. 19 during a fight on East Main Street. In a separate incident on Dec. 18, Johnson allegedly threatened another person. He was issued appearance tickets.

Charles P. Stevens, Shelby L. Fryer, Jasmine C. Mayo, and Taylor A. Browne, no ages or residences provided, are all charged with criminal possession of a controlled substance 7th. They were arrested on Dec. 17 following a traffic stop on South Main Street, Batavian, and allegedly found in possession of narcotics. They were issued appearance tickets.

David L. Weaver, 34, of Batavia, was arrested on Dec. 18 on a warrant. Weaver was charged with harassment in December 2022 and allegedly failed to appear in court. Weaver was arraigned in City Court and released.

Cassandra F. Smith, 39, of Batavia, is charged with criminal contempt 2nd. Smith was arrested on Dec. 17. She was accused of throwing an object at another person in violation of an order of protection. She was arraigned in City Court and jailed.

Ajia R. Hasenauer, 31, of Rochester, was arrested on Dec. 17 on two warrants. Hasenauer is accused of using a vehicle without permission. Hasenauer was also issued multiple traffic tickets. She was arraigned in City Court and jailed.

Janell M. Sauer, Colleen M. Hutchinson, and Brandon M. Seppe, no ages nor residences released, are charged with criminal possession of a controlled substance 7th. During a traffic stop on Dec. 17, all three were allegedly found in possession of narcotics. They were issued appearance tickets.

Victoria J. Paul, 33, of Le Roy, was arrested on Dec. 13 on a warrant. Paul was charged with aggravated unlicensed operation 3rd on Jan. 18 and allegedly failed to appear in court. She was arraigned in City Court and released.

Jade A. Fayko, 29, of Ridgeway, was arrested on Dec. 10, on a warrant. Fayko was charged with aggravated unlicensed operation 3rd in August 2023 and allegedly failed to appear in court. She was arraigned in City Court and released.

Richard D. Neal, 35, of Albion, is charged with DWI. Neal was stopped on Dec. 14 on West Main Street, Batavia. He was issued traffic tickets and released.

Tyler Robert Cook, 24, of Birchwood Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving on a suspended registration, no inspection sticker, and inadequate lights. Cook was stopped at 12:05 a.m. on Dec. 22 on South Main Street, Batavia, by Deputy Mason Schultz. Cook was processed at the Genesee County Jail and released.

Jamielyn Polizzi, 37, of South Street Road, Le Roy, is charged with three counts of acting in a manner injurious to a child, harassment 2nd, and disorderly conduct. Polizzi was arrested on Dec. 29 after deputies arrived at a residence on South Street Road, Le Roy, to investigate a report of a disturbance. Polizzi was reportedly at the residence to pick up her daughter. Polizzi was processed at the Genesee County Jail and released.

Robert Anthony Gayhart, 21, of North Spruce Street, Batavia, is charged with unlawful dissemination of an intimate image. Gayhart was arrested on Dec. 28 following an investigation by Deputy Leah Bezon. He was held pending arraignment.

Joseph Carl Jeffords, 33, of Clinton Street, Batavia, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, and unlicensed operation. Jeffords was stopped at 2:22 a.m. on Dec. 31 on Bank Street Road, Batavia, by Deputy Mason Schultz. He was allegedly found in possession of narcotics.

East Pembroke Fire reflects on 90 years of service, record call volume, and honors dedication of volunteers

By Howard B. Owens
east-pembroke-installation-2025
Don Newton Sr. was honored Saturday for his 55 years of service with the East Pembroke Volunteer Fire Department.
Photo by Howard Owens.

In his 28 years as a member of the East Pembroke Volunteer Fire Department, Chief Don Newton Jr. has observed that typically, the call volume for the department is between 300 and 350 per year.

Before 2024, the highest call volume was 358.

Then, 2024. The department responded to 462 calls.

Of those calls, 354 were for medical assistance, or EMS calls. There were 17 fire calls.  The remaining calls, 13 hazardous condition, 25 service, 33 good intent, and 20 false alarms.

"I'd like to thank my district, my fire district; without them, these numbers wouldn't be possible," Newton said. "And my members for making these numbers possible, and the community members, our local businesses, anybody who helped us throughout the year to continue doing what we do."

In addition to annual awards, the 2025 officers and directors took oaths to office, administered by Tim Yaeger, Genesee County emergency management coordinator.

Firematic Officers:

  • Donald Newton Jr., chief
  • Charles Chatley, deputy chief
  • Andre Martin, assistant chief
  • Travis Dobrowski, EMS chief
  • James Gayton, firematic captain
  • Jennifer Groff, EMS captain
  • Ken Marble, exterior firematic captain
  • Kyle Rupp, firematic lieutenant
  • Richard Groff, fire police captain

Administrative Officers:

  • Ken Marble, president
  • Patrick Galloway, vice president
  • Andrew Gayton, secretary
  • Don Newton Sr., treasurer
  • Joe Gibson, Sgt. at arms, and parade marshall
  • Andrew Gayton, assistant parade master
  • Pastor Bloom, chaplain 

Board of Directors: Andrew Martin, Charles Chatley, Dale Lewter, Kyle Rupp, and Jennifer Groff.

Fire District Commissioners: James Gayton, Patrick Reeves, Kristi Humphrey, Kevin Gill, MaryAnne Chatley, Richard Groff.

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Andrew Gayton and Kyle Rupp were honored as firefighters of the year.
Photo by Howard Owens.
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Assemblyman Steve Hawley congratulates the department on its 90th anniversary.
Photo by Howard Owens.
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Photo by Howard Owens.
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Photo by Howard Owens.
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Photo by Howard Owens.

Correction: Defendant in Alabama case no longer facing murder charge

By Howard B. Owens

In recent coverage of the criminal proceedings related to the death of Michael Poole, The Batavian misstated the status of the case against Kathryn A. Henry.

On Aug. 22, Henry entered guilty pleas to charges of hindering prosecution, a Class D felony, and concealment of a human corpse, a Class E felony.  She is no longer facing a murder charge as previously reported.  The Batavian was unaware of this Aug. 22 appearance and was informed of the error this week.

Henry is scheduled for sentencing in County Court on Aug. 18.

As previously reported, Edward Dunn is expected to stand trial on a charge of murder, among other counts, in March.

 

Truck with large load strikes bridge over Ellicott Street

By Howard B. Owens
https://www.thebatavian.com/howard-owens/former-batavia-resident-who-survived-katrina-forced-from-home-in-la-by-major-wildfire?pigeon=hollywood

A semi-truck, with a NYS-licensed escort, carrying a large load and traveling north on Ellicott Street, struck the CSX overpass on the south side of Batavia late Thursday afternoon.

It's unclear if the impact caused the load to shift or just broke the plywood container around the item being hauled on the trailer.

At the time The Batavian was on scene, a crew was attempting to remove the box. The plan was to check the cargo and then if the truck could be safely backed up, and with Chapin's permission, park the trailer in Chapin's parking lot while the crew assessed the best way to proceed.

According to an officer on scene, the lead driver attempted to warn the truck driver to stop, but there was possibly an issue with the radios.

Batavia PD was on scene to take a report and direct traffic. Ellicott Street by the overpass is reduced to one lane while the accident is cleared.

Photos by Howard Owens.

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Former Batavia resident who survived Katrina forced from home in LA by major wildfire

By Howard B. Owens
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The view of smoke and fire in Los Angeles on Tuesday from a dorm room at UCLA, taken by Aidan Walsh, son of former Batavia resident Danielle Lovell.
Danielle Lovell, Scot Walsh, Aidan Walsh
Danielle Lovell, Aidan Walsh, and Scot Walsh, 
Submitted photo

When the Sunset Fire started to bear down on her Hollywood neighborhood on Wednesday evening, and the order to evacuate came, Danielle Lovell reminded herself to breathe.

She'd been through this before. In 2005, she and her family evacuated their home as Hurricane Katrina struck New Orleans.

"I think the biggest takeaway (from Katrina) was -- and even last night -- just reminding myself to breathe and to stay calm," Lovell told The Batavian on Thursday. "You do not want to panic because you are in such a hurry, but breathe and stay calm. Getting out is the most important thing. Everything else is replaceable, and it'll be okay. As long as you're alive, it'll be okay."

Lovell grew up in Batavia and is a 1995 graduate of Batavia High School.

She and her partner, Scot Walsh, from Rochester, and their son Aidan moved to Los Angeles 16 years ago after a sojourn back in Western New York following Katrina.

Aidan was four months old when Lovell and Walsh had to leave New Orleans. They lived in the Garden District of the French Quarter.

When they heard news reports of Katrina heading toward the Crescent City, they got ready to leave but the evacuation order came a bit late, she said.

"We were trapped on the highway for a bit, but we were able to get out to just outside the city, which was at least safer than the fishbowl of New Orleans," Lovell said. "Within two or three days, we realized New Orleans was devastated. We couldn't go back. Then we drove the rest of the way, stopping in Tennessee and then to New York. We were in New York for about eight months or so and then got the offer to move out here to L.A."

Lovell is a special education teacher, Walsh is an operations manager at a nightclub, and Aidan attends UCLA.

Over the past 72 hours, at least five major fires have erupted in the Los Angeles area, claiming at least five lives and destroying hundreds of homes. The worst is perhaps the Palisades Fire, wrecking havoc and horror along the Pacific Coast Highway in the area of Pacific Palisades, Malibu, and Santa Monica. The Eaton Fire started in the San Gabriel Mountains and has forced evacuations in La Canada Flintridge, Arcadia, Altadena, Pasadena, and Monrovia. The Hurst Fire struck Slymar in the San Fernando Valley, and the Lidia Fire broke out in the rural mountains north of Downtown LA.

The Sunset Fire, which forced Lovell and Walsh to evacuate their home, started in the Hollywood Hills and required evacuations in Hollywood, West Hollywood, Studio City, and Beverly Hills. So far, 43 acres have been burned.

Lovell said she's grateful for the local news outlets because that is how she first learned of the Sunset Fire.

"Thank God for you guys because that's what alerted me to this new fire," Lovell said. "Before anything happened, I walked out my door, saw the fire, and started knocking on my neighbors’ doors. I live in a little community, and then I just knocked on the doors. I didn't know what was going on, but I knew what to prepare for, because, unfortunately, I'd already done it before."

Her pets are Luna, a white Chihuahua, and Lux, a black cat. They're both safe, though Lux was a challenge to find in the house during the commotion of evacuation.

"They're just both really mad at me right now," Lovell said.

Her home is still standing and the evacuation order has been lifted.  She plans to return to her home today to check on it and repack and reorganize.

"Our fire started and spread so quickly that we didn't have time, you didn't have time to think you just literally got your pets, your medicine, and you threw it in the car," she said. "I got my laptop, and I left."

She isn't sticking around when she goes back today. She's worried about flare-ups, the potential for new fires, and the air quality.

"It's like a snow day of soot here," she said.

She wants to check on her house and her neighbors because of the potential for looting. Nearly all of her losses following Katrina were from looters, she said. Reports indicate that in the LA area so far at least 20 looters have been arrested."

"They should be arrested. That's not okay," she said. "That makes me very, very angry. I get very protective of my people, and that makes me very, very angry that people would even consider doing that, taking advantage of such a horrible situation. It's sickening, honestly."

Lovell is staying with friends, Scot is with friends, and so is Aidan. UCLA hasn't been evacuated but classes were canceled. 

Priorities are important in the face of imminent disaster, Lovell said.

"When you leave, when you evacuate, you grab your pets, you grab medicines for those pets, medicines for yourself; if you can find your important documents, cool," Lovell said. "If you can't, they're replaceable. Everything is replaceable. Your lives are not. Your health can be damaged forever. Just get out."

She also advises, "Keep an eye on the news."

That's what her sisters did for her while she was evacuating. They are in New Mexico, Rochester, and San Diego. They used Facetime to pass along information to Lovell.

"I'm driving to evacuate, and I don't know what's going on in my neighborhood at that point because I can't be watching anything," Lovell said. "They were on Facetime with me, keeping me updated on the status of the fire."

Lovell's friends and family have been an amazing source of support, she said. 

"I want to thank everybody for their love and support," Lovell said. "I think something to realize is that I'm here, but my family's affected back East. They're worried about me. I have family all over the country; they're all worried. This is an isolated area where it's happening, but these disasters are so wide-reaching. It's so important to just stay connected, and I want them to know I'm safe. Scot is safe. Aidan is safe."

Man accused of killing Olcott resident and hiding body in Alabama picks trial over plea deal

By Howard B. Owens
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Edward Dunn

A 39-year-old Lockport man confirmed in County Court on Tuesday that he wants to be tried on a murder charge rather than take a plea offer.

Edward Dunn initially turned down a plea offer in December. It would have capped his prison term to 15 years to life. His appearance on Tuesday before Judge Melissa Lightcap Cianfrini was his last chance to accept the plea offer. If convicted of murder at trial, he faces a potential term of 25 years to life on that count alone. With additional charges under New York law, he could be potentially sentenced to 50 years to life.

Dunn is accused of killing Michael Poole, of Olcott, and then hiding his body in the trunk of a car that was abandoned in the town of Alabama in March.

Also charged in the murder is  Kathryn A. Henry, 33, from Lockport, who was arrested on April 19 and charged with murder in the second degree. She was accused at the time of conspiring with Dunn to kill Poole and hide his body. Correction: Henry entered guilty pleas on Aug. 22 to charges of hindering prosecution, a Class D felony, and concealment of a human corpse, a Class E felony.  She is no longer facing a murder charge as previously reported.   

Norman S. DuBois, 45, of Lockport, is charged with hindering prosecution in the first degree, tampering with physical evidence, concealment of a human corpse and conspiracy.

Dunn's trial is scheduled to start with jury selection on March 2.  

Besides the Class A-1 felony of murder, he is also charged with assault in the second degree, a Class B felony; concealment of a human corpse, a Class E felony; and tampering with physical evidence, a Class E felony. 

Photos: Opening reception for BSA's annual winter show

By Howard B. Owens
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Andrea Kuehn and her painting "Stop and Smell the Flowers," the People's Choice winner.
Photo by Howard Owens.

A winter chill on Tuesday didn't stop the Batavia Society of Artists in its third attempt to hold the opening reception for its annual winter show at Richmond Memorial Library.

Snow storms forced the society to cancel its previously scheduled reception, the first one scheduled a month ago.

Andrea Kuehn, who entered three paintings, won the People's Choice Award, the only award handed out at this show, for her painting, "Stop and Smell the Flowers."

Photos by Howard Owens

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Annual Rotary tournament tips off at GCC

By Howard B. Owens
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Sydney Reily, Elba, Sophia Falleti, Notre Dame, Jaimin Macdonald, Batavia, and Hazel Nickerson (the returning MVP from 2024), Cal-Mum.
Photo by Howard Owens

One of the real values of the Rotary Basketball Tournament, said Notre Dame Coach Vinny Falleti, is that it focuses attention of female athletes.

"In my opinion, girls' sports in this area don't get as much of a run as boys', and I think that they should," Falleti said on Tuesday during Rotary's luncheon at the ARC Center on Woodrow Road. "There's a lot of great women athletes out there and girls who are really good representatives of what you want to be as you get older. And I think that's a big part of this tournament. It's really shining a light on a lot of young ladies who really do it the right way. And that goes for every school that's involved."

Tip-off for the first game is tonight (Tuesday) at 6:30 p.m. with Notre Dame against defending champs Cal-Mum.

The second first-round game is at 7:45, Batavia vs. Elba.

Elba is making its first tournament appearance in 30 years.

The championship game is at 7:45 p.m. on Thursday.  The consolation game on Thursday starts at 6:30 p.m.

Batavia Downs turns the corner on its 85th year as a harness racing venue, opening its third winter season

By Howard B. Owens
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Sub-freezing temps, a slight breeze, and a dusting of snow seemed to somehow add to the live racing ambience at Batavia Downs as the track opened on Monday for its third consecutive winter racing season.

Winter racing has its disadvantages and advantages, Don Hoover, director of live racing at Batavia Downs, told The Batavian prior to Monday's first post time at 3 p.m.

The obvious disadvantage is adverse weather.

"It has its own challenges because from time to time, you're on edge, whether you're going to have to cancel the races or not, depending on weather, and that's something that you need to do in a timely manner to avert having many of the people ship in and be caught in bad weather," Hoover said.

On the plus side, racing fans around the country have few other options if they want to play the ponies remotely.

"We have lost much less competition in the simulcast area," Hoover said. "Today, for example, only three or four tracks are racing nationwide, and that will afford us, hopefully, a very, very substantial handle. Last year, we went over half a million dollars three times, which was unheard of in the era since OTB has owned the racetrack."

While the winter racing crowd is small at the track — and cozy in the warm clubhouse with food and beverages available — winter racing, Hoover said, has helped lift the profile of Batavia Downs for race fans across the country. 

Hoover said there is also an advantage to winter racing for the horsemen. 

"Because it's a Western New York circuit where typically they race in Buffalo and Batavia, but with Buffalo being much closer to the lake than we are, Buffalo opted not to race in January and February a couple of years back," Hoover said. "In an agreement with the horsemen, we were able to pick up those dates. It keeps them where there's one month off out of 12. It keeps them from shipping to continue to ply their trade."

This year marks the 85th year since harness racing started at Batavia Downs, but since some seasons were missed over the decades, Hoover estimates its actually the 79th year of live racing at the track.

"As everyone's well aware, there have been many, many changes in the landscape of racing over the last 50 years," Hoover said. "We don't get as many on-track customers as we used to because of the availability of wagering from the comfort of your home, your phone, and even your car. There's also been a proliferation of casino gambling in the state, so the picture is different. But the good thing about it is that we still have racing purses that are such that people can make a good living."

There is still clearly an interest in live racing, which the total handle live racing generates proves, Hoover said.

"The one thing that we would like to see happen, and we hope it can happen, is to raise the on-track handle and the on-track attendance here at Batavia Downs," Hoover said. "They (the Western Regional OTB board) put money into racing. They renovated the clubhouse recently. Many tracks in the state don't even have an open clubhouse. So we try to draw people here, and that's one of our goals."

UPDATE: Don Hoover reports that the opening day of the 15-day winter meet was a success. He states,  "As compared to last year’s opening day we showed an increase in both live and total handle. The live handle was $7,330 yesterday as compared to $6,803 last year ( a 7.7% increase), and the total handle was $465,558 as compared to $390,922 ( a 19% increase) and was the 4th highest handle since WROTB acquired Batavia Downs."

Photos by Howard Owens

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Girls Basketball: Everybody scores in Notre Dame win

By Howard B. Owens
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Notre Dame improved to 5-2 Saturday afternoon in Girls Basketball with a 63-22 win over Wheatland Chili at home. 

Every Irish player contributed for a balanced win. 

Leading ND were the Falleti sisters, Sofia and Gianna, with 12 points each. Also contributing were Lucia Fiorentin with 11 points, Emma Fitch, 7, Riley Yunker, 7, Shirley Thompson, 6, Clairissa Milliman, 4, and Penny Jo Thompson, 4.

“Back-to-back games are very difficult, and I was happy that the girls could come out and have everyone contribute both on offense and defense,” said Coach Vinny Falleti.

Photos by Pete Welker.

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Girls Basketball: Elba beats Batavia 54-36

By Howard B. Owens
elba batavia basketball

In Girls Basketball on Monday, Elba beat Batavia 54-36.

For the Lancers, Sydney Reilly and Mariah Ognibene each scored 14 points. 

Jaimin Macdonald scored 17 points for Batavia.

Photos by Debra Reilly.

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Superintendent William Zipfel honored in 'walk-out' from jail

By Howard B. Owens
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Photo by Howard Owens.

Flanked by colleagues from Genesee County's criminal justice system, Jail Superintendent William Zipfel strolled out of the new Genesee County Jail in a ceremonial "walk-out" on Friday to end his 42-year career.

Zipfel spent the past decade as jail superintendent, which included helping the county build a new jail over the past couple of years, moving it out of an aging and dilapidated facility on West Main Street.

But for Zipfel, that is not the capstone of his career. As a corrections officer, he's valued the opportunity to help people.

"The occasions when you've actually been able to help somebody, that's difficult to find in the corrections setting, but occasionally it happens, and that's meaningful when it happens," Zipfel said.

What he values most over his long career are his colleagues.

"The people in the department, the camaraderie and the people who made it worthwhile, especially the sheriff," Zipfel said. "I have nothing but the highest regard for the sheriff."

During his career, Zipfel has been a firearms instructor, defensive tactics instructor, aerosol chemical agents instructor and suicide prevention instructor.

His passion, though, is skydiving, and skydiving figures prominently in his retirement plans.

"My wife will be ticked, but I probably will go renew my skydive ratings and get my instructional ratings back that I've had and do some more skydiving," Zipfel said.

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Photo by Howard Owens.
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Jail Superintendent Wiliam Zipfel and Sheriff William Sheron.
Photo by Howard Owens.

 

Photos: Swearing In Ceremony on Friday at the Old County Courthouse

By Howard B. Owens
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Officials sworn in on Friday, Sheriff Joseph Graff, Undersheriff Brad Mazur, County Treasurer Kevin Andrews, Coroner Drew Klotzbach, Coroner Karen Lang, and Republican Election Commissioner Scott German.
Photo by Howard Owens.

Photos from Friday's swearing-in ceremony at the Old County Courthouse for Genesee County officials.

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Photo by Howard Owens.
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Photo by Howard Owens.
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Photo by Howard Owens.
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Photo by Howard Owens.
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Photo by Howard Owens.
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Photo by Howard Owens.
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Melissa L. Gaebler, deputy election commissioner
Photo by Howard Owens.
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Retired Sheriff Gary Maha, Sheriff Joseph Graff, outgoing Sheriff William Sheron
Photo by Howard Owens.
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Outgoing Sheriff William Sheron, Sheriff Joseph Graff, Undersheriff Brad Mazur, Chief Deputy Brian Frieday.
Photo by Howard Owens.

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