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Friday, December 12, 2014 at 7:45 am

County planners raise traffic safety concerns for proposed location of Dollar General in Pavilion

post by Howard B. Owens in business, land use, Pavilion, planning

Dollar General would like to build a new store in Pavilion, but the proposal got a cold reception from the Genesee County Planning Board on Thursday night.

The proposed location is less than 1,000 feet from the high school, and with heavy, speedy truck traffic on Route 63 and no sidewalks between the school and the store, board members thought the location presents a safety hazard.

Planners also thought the proposal doesn't fit within Pavilion's comprehensive plan.

However, the location is the one picked by town officials, Todd Hamula, a development manager for Zeremba Group, who is representing Dollar General in the project.

Originally, the company was looking at a location closer to the school, but town officials were worried about students leaving campus to go to the store, so a compromise was found with the location further away.

The location also gives the town a chance to appeal to the Department of Transportation to lower the speed limit along that stretch of road to 35 mph (the location is right near the current dividing line between a 35 mph zone and 55 mph zone).  

Hamula said Dollar General wants its stores on roads with speed limits less than 55 mph, which ruled out locations further south.

He also said the company picked the location because they believe it's well suited to the comprehensive plan. He said rezoning the property would merely extend the current business district area around Route 63 and Route 19.  

Planners thought it too far away from the current business area to meet that goal.

"We work really hard to make sure we don't bring a proposal for rezoning unless we have local support and that it doesn't go against the comprehensive plan," Hamula said.

While the town seems to take a dim view of a store within walking distance of the school, county planners were scratching their heads over the decision. The original proposed location would have sidewalks and a pedestrian tunnel nearby.

"If the concern here is traffic and kids walking, moving the location does not really solve that," said Board Member Lucine Kauffman. "I think it makes the danger even greater. Now they're walking further and there's no sidewalks."

She thinks regardless of the location, kids are going to walk to it for drinks and food.

"I think it's great idea to have place where kids can walk to after school to have a snack," Kauffman said.

The negative vote doesn't kill the project. The town planning board can still approve it with a vote of a majority plus one.

Hamula said he will pursue that outcome with the town planning board.

Monday, December 8, 2014 at 1:33 pm

Law and Order: Missing youth located, arrested on warrant after fleeing from house

post by Howard B. Owens in batavia, alexander, crime, Darien, Oakfield, Pavilion

Preston S. Daigler, 16, of Batavia-Oakfield Townline Road, Oakfield, is charged with resisting arrest. Daigler was wanted on a warrant out of City Court on an endangering the welfare of a child charge. He was also a reported missing person out of Orleans County. Daigler was located at his residence when the Sheriff's Office attempted to place him under arrest. Daigler jumped from a second-story window and fled into a wooded area behind his residence. Daigler was located about two hours later hiding in a dumpster at a nearby local business. He was treated at UMMC for exposure and then arraigned in Oakfield Town Court. He was jailed on $5,000 bail.

Kevin Michael Lampman, 41, of West Main Street, Batavia, is charged with criminal contempt, 1st, harassment, 2nd, and aggravated family offense. Lampman is accused of trying to bite a woman in the face during an argument. There was allegedly an order of protection in place at the time of the incident. Lampman was jailed on $10,000 cash bail.

Christina AnnMarie Deluna, 34, of Liberty Street, Batavia, is charged with petit larceny. Deluna is accused of stealing $576.72 in merchandise from Walmart. She was located five days later at her residence and issued an appearance ticket.

John Frederick Lightfoot II, 21, of Roslyn Street, Batavia, was arrested on a warrant out of Lancaster for an unlawful possession of marijuana charge.

Anthony Michael Vanille, 55, of Broadway Road, Attica, is charged with driving while ability impaired by alcohol and speed in excess of 55 mph. Vanille was stopped at 8:14 p.m., Saturday.

Michael John Valentino, 48, of Hilltop Court, West Seneca, is charged with DWAI (combined influence of drugs), criminal possession of a stimulant, 4th, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, criminal possession of a weapon, 4th. Valentino was stopped at 2:37 a.m. Sunday on Oak Orchard Road, Batavia, by Deputy Joseph Corona. He was allegedly found in possession of methamphetamine, hydrocodone and marijuana and related paraphernalia. He also allegedly possessed a weapon at the time of his arrest.

A 17-year-old resident of Spring Road, Alexander, is charged with harassment, 2nd. The youth is accused of striking another person at Alexander High School.

Raymond Lundy Kelley, 24, of Ellsworth Avenue, Batavia, is charged with petit larceny. Kelley is accused of shoplifting at Walmart.

Grayson Carl Stock, 22, of Sunset Parkway, Oakfield, is charged with possession of a hypodermic instrument. Stock was allegedly found in possession of a hypodermic instrument while at a location on West Main Street, Batavia.

Jamie Lee Steinhardt, 22, of Sumner Road, Darien, is charged with petit larceny. Steinhardt is accused of shoplifting at Walmart.

Brandon Aaron Barclay, 27, of Big Tree Road, Pavilion, is charged with criminal contempt, 2nd. Barclay allegedly violated an order of protection by having contact with a protected party.

Cassandra Ann Jimenez, 26, of Oliver Street, North Tonawanda, is charged with petit larceny. Jimenez is accused of going through the self-checkout line at Walmart, scanning several but not all of the items in her cart. She then allegedly passed the checkout area with $128.63 in unpaid items in her cart.

Morgan L. Cox Jr., 22, of State Street, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd. Cox was allegedly involved in a domestic incident in violation of an order of protection.

A 16-year-old resident of West Main Street, Batavia, is charged with criminal diversion of prescription medication, 4th.The youth was allegedly involved in a trade of prescription medication for cigarettes at Batavia High School. Batavia PD withheld the name of the suspect. An unnamed 17-year-old resident of Highland Park, Batavia, was also arrested.

A 17-year-old resident of Williams Street, Batavia, is charged with disorderly conduct. The youth was allegedly involved in a fight at Batavia High School. Batavia PD withheld the name of the suspect.

Amber L. Ostrander, 24, of Morrow Road, Pavilion, was arrested on warrant for alleged failure to appear. Ostrander allegedly failed to appear on a charge stemming from her arrest in August for driving on a suspended license.

Danielle M. Cravatta, 30, of Walden Creek Drive, Batavia, was arrested on a warrant for allegedly issuing a bad check in November, 2013. 

Gregory A. Emerson, 32, of Park Road, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Emerson was stopped at 1:04 a.m. Friday on Richmond Avenue, Batavia, by Officer Peter Flanagan.

Saturday, November 8, 2014 at 1:47 pm

Grand Jury: Man indicted on multiple counts for alleged sex acts with minor

post by Billie Owens in batavia, crime, Grand Jury, Pavilion

Beniluis Ruiz is indicted for first-degree sexual abuse, a Class D felony, for allegedly subjecting another person to sexual contact in the Spring of 2013 when that person was physically helpless and therefore incapable of consent.

All counts stem from alleged incidents in the Town of Pavilion.

  • In count two, he is accused of criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct with a person less than 17 years old in December 2013 when he was age 21 or older;
  • In count three, he is indicted for third-degree rape, a Class E felony. It is alleged that in December 2013 he engaged in sexual intercourse with a person under 17 years old and he was age 21 or older;
  • In count four, he is indicted for criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct on a second occasion with a person less that 17 years old in December 2013 while he was age 21 or older;
  • In count five, Ruiz is accused of criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct on Jan. 5 with a person under age 17 when he was 21 or older;
  • In count six, he is accused of criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct on Feb. 10 with a person under age 17 while he was 21 years old or older;
  • In count seven, he is indicted for third-degree criminal sexual act, a Class E felony, for allegedly engaging in oral sexual conduct on a second occasion on Feb. 10 with a person under age 17 while he was age 21 or older;
  • In count eight, Ruiz is indicted for third-degree rape, a Class E felony, for engaging in sexual intercourse on Feb. 10 with a person under age 17 while he was age 21 or older;
  • In count nine, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting on Jan. 4-5 in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17;
  • In count 10, he is accused of the same actions as in count nine, but involving a second child under age 17;
  • In count 11, Ruiz is indicted for unlawfully dealing with a child, 1st, a Class A misdemeanor, for on Jan. 4-5 allegedly giving or selling or causing to be given or sold, alcoholic beverage(s) to a person under age 21;
  • In count 12, he is accused of the same crime as count 11, but involving a second person under age 21.

Matthew D. Marvin and Brenden R. Jones are accused of fourth-degree grand larceny, a Class E felony. It is alleged that on June 20 in the Town of Batavia, they stole property valued in excess of $1,000, including baby monitors, K-9 Advantix products, Braun electric razors, Oral-B electric toothbrush, computer software, router, "spyder" wire and other products valued at $2,928.84 from Walmart. In count two, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intending to commit a felony on June 20. They allegedly agreed with one or more persons to engage in this criminal conduct.

Christopher M. Colantonio is indicted for criminal possession of a forged instrument, 2nd, a Class D felony. It is alleged that on April 3 at a bank in the City of Batavia, he cashed a bogus check for $100, which was made payable to him and taken from another person's account. In count two of the indictment, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing $100 by means of the aforementioned forged check.

Friday, November 7, 2014 at 11:10 am

Law and Order: Guardian of minor who ran from police charged with curfew violation

post by Howard B. Owens in Basom, batavia, Alabama, corfu, crime, Le Roy, Pavilion, pembroke

Juanita Jackson, 58, of Ellicott Street, Batavia, is charged with juvenile curfew violation. Jackson is the legal guardian of a youth who was allegedly found in a public place within the city past juvenile curfew time. The youth was allegedly involved in criminal mischief, larceny from a vehicle and possession of stolen property at 10:50 p.m., Oct. 29. The youth fled from police and was later located hiding in St. Joseph Cemetery by K-9 Destro.

Reginald C. Sampson, 48, of Holland Avenue, is charged with resisting arrest, obstructing governmental administration, 2nd, and disorderly conduct. Sampson is accused of refusing to comply with officers requests during an investigation being conducted at his residence. Sampson reportedly became irate and allegedly began yelling obscenities, disrupting the peace of the neighborhood and interfering with the investigation. When told he was under arrest, Sampson allegedly became combative with officers. Williams was jailed following arraignment. (Previous report).

Deavin L.A. Herman, 20, of Caroline Street, Albion, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Herman was jailed on $500 bail.

Olivia M. Lyons, 21, of Judge Road, Basom, is charged with petit larceny. Lyons was arrested by Batavia PD following an investigation into complaints of numerous thefts from UMMC staff. Lyons is accused of stealing mobile phones Wednesday evening.

Kenneth M. Gray, 22, of Myrtle Street, Le Roy, is charged with acting in a manner likely to be injurious to a child less than 17 and harassment, 2nd. Gray was arrested on a warrant out of City Court related to an alleged incident Oct. 20.

Nathan J. Pascuzzo, 23, of Ellicott Street Road, Pavilion, is charged with DWI. Pascuzzo was stopped at 5:10 a.m., Nov. 2, after officer Peter Flanagan observed a vehicle on Ellicott Street driving on two flat tires.

Heather L. Draper, 25, of East Avenue, Batavia, is charged trespass. Draper is accused of entering a store she had been banned from entering.

Kelsey Anne Sanders, 27, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to pay a fine on a disorderly conduct charge. Sanders was released on $125 bail.

Joseph W. Freeman, 30, of East Avenue, Batavia, is charged with harassment, 2nd. Freeman allegedly punched another person in the face during a domestic argument at 4:45 a.m., Monday.

Crystal L. Lawrence, 30, of Main Street, of Batavia, was arrested on a warrant for alleged failure to appear.

Didier Asne Antoine, 20, of Jackson Street, Batavia, is charged with criminal trespass, 3rd. Antoine was allegedly on College Village property after being banned.

Robert Ray Davis, 53, of Main Road, Pembroke, is charged with unlawful dealing with a child. Davis allegedly hosted an underage drinking party at his residence.

Elizabeth Michelle Grattan, 24, of Maple Street, Batavia, is charged with burglary, 3rd, and petit larceny. Grattan is accused of entering Walmart after being banned for life from the store. She allegedly stole $110 worth of merchandise.

Friday, November 7, 2014 at 9:14 am

One-vehicle rollover, minor injuries, on Transit Road, Pavilion

post by Billie Owens in accidents, Pavilion

A one-vehicle rollover accident is reported at 9867 Transit Road. It's at the intersection with East Bethany-Le Roy Road. Minor injuries. Pavilion Fire Department and Mercy medics are responding.

UPDATE 9:16 p.m.: Law enforcement is on scene.

UPDATE 9:34 a.m.: A patient is being transported to Strong Memorial Hospital.

UPDATE 9:43 a.m.: The Pavilion assignment is back in service.

Monday, October 27, 2014 at 12:48 pm

Law and Order: Allegations of domestic violence, pot possession, skipping out on hotel stay

post by Billie Owens in batavia, crime, elba, Oakfield, Pavilion, Stafford

Carolina M. Frias, 34, of Law Street, Batavia, is charged with theft of services, petit larceny and criminal mischief. She was arrested Oct. 23 at about 6:20 p.m. in front of 140 W. Main St. for alleged petit larceny, criminal mischief, 3rd, and theft of services stemming from an incident on Oak Street on Oct. 22. Frias is suspected of damaging and removing various items from a hotel without permission along with not paying for her stay. She was jailed in lieu of $2,500 cash or bail. The incident was investigated by officer Nedim Catovic, assisted by officer Eric Foels.

Abner C. Black, 60, of Liberty Street, Batavia, is charged with third-degree assault and criminal mischief, 4th. Black was arrested in front of City Centre on Oct. 25 following an incident on Oct. 24 in which he was allegedly involved in a domestic dispute on Chandler Avenue. He allegedly shoved a female against a refrigerator and took her cell phone when she tried to call 9-1-1. He was jailed in lieu of $3,000 cash or bail. The incident was investigated by officer Nedim Catovic.

Donna Ann Corcoran, 41, of St. Mary's Street, Pavilion, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and second-degree promoting prison contraband. She was arrested in the Town of Pavilion on Oct. 24 and brought to jail for an incident related to a DWI investigation. While inside the Genesee County Jail, it is alleged that Corcoran possessed a controlled substance and marijuana, which led to the aforementioned charges. She was issued an appearance ticket and is to answer the charges in city court on Nov. 19. Corcoran was also charged with driving while ability impaired by alcohol, failure to keep right and consumption of alcohol in a motor vehicle in the Town of Pavilion. She received traffic tickets for those alleged offenses and is to appear Nov. 18 in Pavilion Town Court. The incident was investigated by deputy Joseph Graff.

William J. Mellema, 50, of Almay Road, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, unlicensed operation of a motor vehicle, and driving over state 55 mph limit. On Oct. 11 on Route 98 in Elba, Mellema was arrested on the charges following a traffic stop in which he allegedly admitted to having a bag of pot and a glass smoking pipe. He was arraigned in Elba Town Court and jailed on $800 cash bail or $2,000 bond. He is scheduled to reappear in Elba Town Court on Nov. 18. The incident was investigated by deputy Joseph Loftus, assisted by deputy Joseph Graff.

Harold Chinn, 49, of North Main Street, Oakfield, is charged with petit larceny for an incident that happened on Sept. 23 on Veterans Memorial Drive. Chinn allegedly stole a cell phone that another patron of Walmart had left behind at the check-out counter. He was arrested Oct. 19 and issued an appearance ticket for Batavia Town Court on Nov. 3. The incident was investigated by deputy Joseph Loftus.

Monique Annette Mcmillian, 30, of Elmdorf Street, Rochester, is charged with aggravated unlicensed operation of a motor vehicle, 3rd, and operating a vehicle with a suspended registration on Oct. 9 in Stafford. Following her release from Monroe County Jail, Mcmillian was turned over to the Genesee County Sheriff's Office and subsequently arrested and jailed on $175 bail or $250 bond. She is to reappear in Stafford Town Court on Nov. 13. The incident was investigated by deputy Joseph Graff.

Tuesday, October 21, 2014 at 7:41 am

Car vs. cement truck accident in Pavilion, minor injuries

post by Billie Owens in accidents, Pavilion

A car vs. cement truck accident is reported at South Lake and Junction roads. Injuries are believed to be minor. Pavilion Fire Department and Mercy medics are responding.

UPDATE 9:35 a.m.: The assignment is back in service. No one was transported to the hospital.

Thursday, October 9, 2014 at 12:27 pm

Law and Order: Batavia resident accused of slapping woman holding an infant

post by Billie Owens in batavia, crime, Pavilion

Cordyn C. Mack, 25, of Wood Street, Batavia, is charged with unlawful imprisonment, 2nd, endangering the welfare of a child, and second-degree harassment. On Oct. 8, Mack was involved in a domestic disturbance that was physical with a female who resides with him. Mack allegedly refused to allow the victim to leave the residence with her infant, and then struck the victim in the face with an open hand while she still had her child in her arms. Mack was arraigned in city court and released under supervision of Genesee Justice. The incident was investigated by Batavia Police officer Frank Klimjack, assisted by officer Mitchell Cowen.

Delwin D. Robinson, 33, of Lake Road, Pavilion, was arrested on Oct. 8, 2014 by the Le Roy Police Department and charged with unlawful possession of marijuana. Robinson was a passenger in a vehicle which was stopped for alleged vehicle and traffic violations. After a brief investigation, Robinson was allegedly found in possession of marijuana. Robinson was issued an appearance ticket and is scheduled to appear in the Le Roy Town Court on Nov. 17.

Thursday, October 9, 2014 at 6:05 am

THE HARLEM WIZARDS ARE COMING TO ELBA CENTRAL SCHOOL

The Harlem Wizards are coming to Elba Central School Tuesday, October 14th, at 6:30pm to play in a Stan Sherwood Memorial Game sponsored by Post Dairy Farms, Eugene Bezon Farms and Mugs and More. The Wizards will take on the Sherwood Shooters, a home team featuring Genesee Region teachers, coaches, principals, pastors, family and friends! The evening promises to be a fun filled event that is great for kids and adults and it will guarantee to put a smile on your face! This event is hosted by Batavia Assembly of God Church. They have brought the Wizards into town to help benefit two great causes. A portion will go towards the Stan Sherwood Memorial Scholarship Award to be given to one boy and one girl in the Genesee League, another portion will go towards the Building Project of Assembly of God Church. The Harlem Wizards have a unique mission: create awe-inspiring events throughout the country. At a Wizards game, fans will witness amazing basketball talent combined with hilarious comedy. Its two hours of family fun where parents, grandparents, and kids can all laugh together. When you’re in the stands, you’re more than a spectator; you’re part of the show with loads of audience participation. Throughout the game fans will experience a magical display of tricks, coordinated ball handling, fancy passing and aerodynamic athleticism combined with high-energy comedy and audience interaction. Tickets purchased before the event are $10 for adults $9 for students. Pre-sale tickets can be purchased at Batavia Assembly of God Church located at 24 North Spruce Street in Batavia, M&T Bank on Main Street in Elba and Chaps Restaurant on Main Street in Elba. Tickets will also be available on the day of the game at Elba Central School, 57 South Main Street for $12 for adults and $10 for students or you may purchase your tickets online at www.Harlemwizards.com (.99 additional cost with on line orders). There will be a concession stand and a basket raffle as well. Doors open at 6:00pm. Don’t miss this Awe-Inspiring Family Fun Filled Event. We hope to see you there. For more information you may call the church at 585-343-8521.

Event Date and Time

October 14, 2014 - 6:30pm - 9:00pm
Monday, October 6, 2014 at 3:00 pm

Sarah Noble-Moag appointed to GGLDC board of directors

post by Howard B. Owens in business, GCEDC, GGLDC, Pavilion

Press release:

The Genesee Gateway Local Development Corp. (GGLDC) has appointed Sarah Noble-Moag to the organization’s board of directors.

“Sarah Noble-Moag was selected to serve on the GGLDC board because of her extensive management experience with various dairy companies right here in Genesee County,” said Thomas Felton, GGLDC board chairman. “Her skills and background knowledge of the local agricultural industry will be a tremendous asset to the board.”

Noble-Moag is a personnel manager for Linwood Management Group, LLC, which provides management services to dairy companies, including Noblehurst Farms, and Synergy, LLC. In this role she coordinates staffing, employee payroll and benefits, communication and recruitment for the group along with being responsible for overseeing internal personnel controls and staffing.

In addition to her position with Linwood Management Group, Noble-Moag is very active within the community. She is the past president of the board of education for the Pavilion Central Schools, and continues to serve on the audit committee.

She maintains an active role in education and training for our rural communities, advocating for affordable, quality public education by serving as a board member on the Agricultural Affiliates, which provides leadership necessary to build a strong workforce for agriculture in the Northern U.S. She also is a member of the National Council of Agricultural Employers and New York State Agricultural Society.

Noble-Moag is a graduate of Cornell University and a graduate of Class VI of LEAD New York. She an elder in the Covington Presbyterian Church, and has served on the Committee on Ministry and Migration Working Group (a forum on immigration reform) for the Presbytery of the Genesee Valley.

She resides in Pavilion with her husband, Timothy Moag. They have three grown children.

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