Daniel Lee Goodell, 41, of South Volutia Street, Wichita, Kan., is charged with sex abuse 1st. Goodell was arrested by the Sherriff's Office on a warrant in Kansas and returned to New York. He is accused of sexually abusing children less than 11 years old in 2009 and 2010 in Alexander.  He was arraigned in Town of Alexander Court and ordered held without bail. Goodell was also arrested by State Police and charged with 12 counts of Sexual Abuse 1st, 12 counts of endangering the welfare of a child, and one count of sexual conduct with a child. The State Police alleged that between 2019 and 2021, Goodell abused children less than 14 years old on multiple occasions. Goodell moved from New York before the criminal investigation was opened, according to State Police. Goodell was extradited from Kansas on Sept. 30.  On the State Police charges, he was arraigned in Town of Alexander Court and ordered held on $30,000 bail or $60,000 bond.

Delonta R. Curry, 21, of Batavia, is charged with criminal possession of a weapon on school grounds and criminal possession of a weapon. Curry is accused of possessing a weapon on school grounds on Feb. 13 at 8:26 p.m. on Washington Avenue. He was arrested on a warrant on Sept. 24, arraigned in City Court, and ordered held on bail.

Shawn R. Wisniewski, 33, of Medina, is charged with petit larceny. Wisniewski is accused of stealing from a business on Jackson Street on Sept. 20 at 10:36 a.m. He was released on an appearance ticket.

Chazmar T. Walters, 29, of Le Roy, was arrested on a warrant on Aug. 15. The nature of the warrant was not released. Walters was released and ordered to appear in City Court at a later date.

Daniel T. Henning, 42, of Batavia, is charged with criminal possession of stolen property 5th. Henning is accused of possessing stolen property while on Veterans Memorial Drive, Batavia, on March 28 at 2:55 p.m. He was arraigned in Town of Batavia Court and released on his own recognizance.

Jolene Y. Stevens, 33, no permanent address, is charged with failure to appear. Stevens was arrested on multiple warrants. She was arraigned in City Court and ordered held on $500 bail, $1,000 bond, or $5,000 partially secured bond.

Phillip P. Heale, 44, of Batavia, is charged with criminal trespass 3rd. Heale is accused of being on property he was previously banned from being on. He was released on an appearance ticket.

Evan F. Maynard, 21, of Batavia, is charged with assault 3rd. Maynard is accused of being involved in a disturbance on Sept. 24 at 8:24 p.m. at a location on East Main Street, Batavia. He was issued an appearance ticket.

Justin T. Calmes, 44, of Batavia, is charged with criminal contempt 2nd. Calmes is accused of violating an order of protection on Aug. 29 at midnight. He was released on an appearance ticket.

Jennifer L. Cudney, 41, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and operating a vehicle with a suspended registration. Cudney was stopped on Sept. 18 at 7:31 p.m. on Bank Street by a Batavia patrol officer. She was released on an appearance ticket.

Jason H. Freeman, 41, of Batavia, is charged with petit larceny. Freeman is accused of stealing beer from a business on Jackson Street on Sept. 18 at 9 a.m. He was issued an appearance ticket.

Jeffrey A. Hewitt, 43 of Le Roy, is charged with driving while ability impaired by drugs, failure to properly signal, driver's view obstructed, unlicensed driver, and aggravated unlicensed operation 1st. Hewitt was stopped by a Batavia patrol office on Sept. 25 at 10:37 a.m. on Summit Street. He was issued an appearance ticket.

Laura B. Beatty, 44, of Batavia, is charged with unlawful dealing with a child 1st. Beatty is accused of providing alcohol to a juvenile at her residence on Oak Street on Sept. 24 at 10:05 p.m. She was issued an appearance ticket.

Brian M. Raphael, 34, of Batavia, and Michelle L. Misiak, 57, of Batavia are charged with petit larceny. Raphael and Misiak are accused of stealing groceries on Sept. 27 from a store on East Main Street, Batavia. Both were issued appearance tickets.

Karrie A. Morrow, 39, of Batavia, was arrested on two bench warrants. The nature of the warrants was not released. She was released under supervision. Morrow was also arrested by State Police on a petit larceny charge. Morrow is accused of stealing merchandise valued at $17.98 from 48 Express Deli on Park Road on Sept. 29. She was issued an appearance ticket.

Renee Lynn Coughlin, 32, of Park Avenue, Oakfield, is charged with falsely reporting an incident 3rd.  Coughlin is accused of falling reporting an incident to police on Sept. 21 at 7:30 p.m. on Park Avenue in Oakfield. She was issued an appearance ticket.

Jamie Lee Broadbent, 39, of Federal Drive, Batavia, is charged with petit larceny. Broadbent is accused of entering an unsecured storage room and a vacant room at a hotel at 4371 Federal Drive, Batavia, and stealing items belonging to the hotel. He was released on an appearance ticket.

Hunter Joseph Stetz, 19, of Zimmerman Road, Hamburg, is charged with possession of a forged instrument. Stetz is accused of being in possession of a forged NYS driver's license on Aug. 25 at 8:15 p.m. while at Darien Lake. He was issued an appearance ticket.

Dale W. Gress, 54, of Elba, is charged with DWI and driving with a BAC of .08 or greater. Gress was stopped by State Police on Oct. 5 at 12:13 a.m. in the Town of Batavia. He was issued an appearance ticket.

“I would like it to be a break even,” the county highway superintendent and air show committee liaison said to county legislators Wednesday.

As promised last month, Hens returned to the hot seat and reported an estimated county expense for the event.

“Our best guess is around $12,705,” he said.

That total would be for county Sheriff’s Office deputies and Emergency Management Services staff to provide security, traffic and crowd control. The breakdown was estimated to be $5,400 for offsite traffic control; $2,055 for EMS presence; and $5,250 for pre-show preparations by highway and facilities maintenance staff.

Aside from whatever the show itself may take in from the admission price, Hens and the committee are hopeful that all of that traffic will eventually leave the airport on Saile Drive and go shopping, eating and/or taking in some local entertainment.

The county will also see increased sales tax because of the air show and related Wing Ding event held within the City of Batavia,” Hens said.

An estimated increase in sales tax proceeds during the three-day event would be from $20,000 to $40,000, he said.

“There actually would be no increased costs on our insurance policy, which was surprising to me,” he said. “We asked them to look at the airshow, there was a skydiving event as part of the history. And pyrotechnic fireworks are part of the event. There was no actual added costs, which was good news to hear.”

Ways & Means legislative members generally agreed to move forward with the event request, however, the approval of legislators Gary Maha and Chairwoman Shelley Stein included a caveat.

"So I would move this for approval in a second," Stein said. "At the same time, I don't want this to cost the county over that $40,000, you know, I would very much like it to break even with our sales tax because I think it's going to be a great opportunity to bring this back to Batavia.

“But I think, as Gary said, we just don't want to sign a blank check," she said. "I absolutely want to be supportive of this.”

Legislators emphasized that the county was not sponsoring this event, but lending its support via a resolution and the potential costs of labor mentioned above. Wings Over Batavia LLC is forming a non-profit entity and will be the group responsible for the air show.

The request will move on to the whole Genesee County Legislature for a vote later this month.

If given final approval, the air show is tentatively scheduled for mid-September 2023. 

To view a prior Wings Over Batavia air show, check out this Youtube.com video made in 1997 by EFP Network. This was one year before the last air show took place.

Top Photo of Tim Hens from social media. 2022 File Photo of Genesee County Legislature Chairwoman Shelley Stein. Photo by Joanne Beck.

Press release:

The Museum Quilt Guild of Batavia will present their biennial show, “Stitches in Time”, on Friday, Oct. 14 and Saturday, Oct. 15 from 10 a.m. to 5 p.m.

There will be more than 150 quilts displayed at the Alexander Fireman’s Recreation Hall, 10708 Alexander Road (Rt 98), Alexander.

In addition, there will be vendors, demonstrations, a silent auction, a boutique and a basket raffle.

Admission is $5; children under 10 are free.

For more information, contact Elaine (585) 880-0456 or visit our website at www.themuseumquiltguild.com

Photo: Submitted photo. Best of show quilt from 2018

Press release:

Genesee County Sheriff’s Office Deputy Jacob A. Kipler recently graduated from the 78th Basic Course for Police Officers at the Niagara County Law Enforcement Training Academy held at Niagara County Community College. 

Deputy Kipler is a 2013 graduate of Maryvale High School, Cheektowaga, NY.  Following high school, Deputy Kipler enlisted in the United States Marine Corps from 2013 to 2018 and was awarded several medals, badges and citations.  He was an aviation mechanic and achieved the rank of Sergeant.  After the Marines, Deputy Kipler pursued a college education at the Community College of Vermont and Erie Community College where he earned an Associate’s Degree in Criminal Justice with a 3.6 GPA.   

Sheriff Sheron stated, “Deputy Kipler was hired on March 7, 2022, and is currently participating in our 14-week field training program.  He is performing well, and we look forward to his addition to our road patrol.”

Press release:

Three Batavia City School District students have earned academic honors from the College Board National Recognition Programs. These National Recognition Programs grant underrepresented students with academic honors that can be included on college and scholarship applications and connect students with universities across the country to stand out during the admissions process. Only 62,000 students across the country have received this recognition.

• Jack Pickard, Senior: National Rural and Small Town Award
• Lauren Reimer, Senior: National Rural and Small Town Award
• Nathan Canale, Senior: National Rural and Small Town Award

“We couldn’t be more proud of Jack, Lauren, and Nathan for receiving this tremendous honor,” said Superintendent Jason Smith. “Their hard work throughout their time at BCSD has certainly paid off. I know this recognition will help bolster their college applications and make them truly stand out.”

“Bravo to these three exceptional BHS students,” said to Batavia High School Principal Paul Kesler. “Jack, Lauren, and Nathan exemplify the values and work ethic that we strive for at BHS, and we congratulate them on this wonderful achievement.” 

Eligible students have a GPA of 3.5 or higher and have excelled on the PSAT/NMSQT or PSAT 10, or earned a score of 3 or higher on two or more AP Exams. Award categories include: National African American Recognition Program, National Hispanic Recognition Program, National Indigenous Recognition Program, and National Rural and Small Town Recognition Program.

Students are invited to apply during their sophomore or junior year and, after determining eligibility, will be awarded at the beginning of the next school year. Students will receive their awards in time to include them on their college and scholarship applications. 

Batavia High School honored some of its outstanding Blue Devils of athletic seasons past at the Athletic Department's annual Hall of Fame induction dinner, held this year at Batavia Downs.

Inducted were:

• Benjamin Martino (1959): Football, Wrestling
• Paul Blossom (1968): Football, Swimming, Track & Field
• Richard Saunders (1971):Athlete: Swimming, Football, Baseball, Bowling; Coach: Swimming, Wrestling, Baseball
• Sandy (Samiec) Reeg (1979): Tennis
• Kristie (DuRei) DeFreze (2005): Gymnastics, Cheerleading, Track & Field
• Michael Chmielowiec (2005): Basketball
• Boys Basketball Team (2005): State Semi-Finalist
• Jermaine Henderson (2006): Football, Track & Field

Photos by Howard Owens.  Top photo: Sandy (Semiec) Reeg, Rick Saunders, back, Michael Chmielowiec, front Benny Martino, Kritstie (DeRei) DeFreze, Jermaine Henderson, Paul Blossom.

The 2005 Boys basketball team: Dan Kines, Justin Williams, Adam Brasky, Michael Chmielowiec, Kevin Saunders, Ballard Maye, Jon Tretter, Buddy Brasky.

Management of Western Regional Off-Track Betting Corp., in an effort to provide transparency in the wake of challenges to its policies and procedures, presided over a three-hour session with chief financial officers from seven of its 17 member municipalities this afternoon at the Park Road facility’s board room.

The public benefit company has been hounded in recent months by an audit from the New York State Comptroller’s Office, by charges of fiscal irresponsibility by a disgraced former state senator and, most recently, by a series of letters sent by Erie County Comptroller Kevin Hardwick seeking answers to questions concerning the following issues:

• The sale of the Hotel at Batavia Downs (dated July 15);
• Benefits (specifically ‘gold-plated’ health insurance) received by board members (July 18);
• The use of external legal counsel (Aug. 1);
• The retention of outside lobbyists (Aug. 8);
• The possible misuse of promotional and marketing materials (Aug. 24).

WROTB President/Chief Executive Officer Henry Wojtaszek, speaking by telephone this evening, said he “appreciated that Hardwick was trying to get information” and added that the meeting ultimately will strengthen the corporation’s relationship with the municipalities.

“Overall, I think the meeting went extremely well and was productive for all involved,” Wojtaszek said. “Our goal is to be transparent, so we were happy to provide them with good, positive economic news that is resulting in record revenues to various counties this year.”

Corporation officials who made presentations at the session, along with Wojtaszek, were Chief Financial Officer Jacquelyne Leach, Compliance Consultant Paul Moskal, Marketing Director Ryan Hasenauer and David Hart of Hart Hotels, which operates the hotel.

Genesee County Treasurer Scott German said he attended the meeting to learn more about WROTB’s methods.

“They started off by essentially going over the financials – the financials of horse racing and then the casino,” German said. “Then they gave each individual county that showed up our own sheet based on our financial information (such as revenues and surcharge issued to the municipalities).”

German said WROTB officials addressed the health insurance for directors, use of promotional tickets and use of company vehicles – “stuff that has been rehashed on TV for a couple of years now.”

“From what I heard, and this is coming from the side of OTB, their explanations were adequate, I guess. They made sense,” he said. “They explained how and why they give out tickets. For example, when they gave away tickets to see Garth Brooks in concert, they said they saw a dramatic increase in bets and profitability on those two particular days. It brought people in.”

German said that most of the questions came from Hardwick and Erie County Deputy Comptroller Timothy Callan with a few posed by Oswego County Treasurer Kevin Gardner.

Wojtaszek said Hart explained that the $7.5 million paid by WROTB to purchase the hotel from its original investors (ADK Hospitality) was warranted. 

“David showed them that the price paid was fair based on the appraisal that was done and the numbers that we have been able to sustain at the hotel,” Wojtaszek said. “And revenues continue to increase.”

On the health insurance subject, Wojtaszek said the board of directors will be addressing that issue in the coming weeks with the goal of establishing “a comprehensive way to provide coverage for all of our employees.”

He also said that Moskal conducted an audit on the corporation's practices, made suggestions "and we are following those suggestions."

Wojtaszek noted that he will be continuing the dialogue with Hardwick’s office and will provide additional documents that Hardwick requested. He said that all 15 member counties plus the cities of Rochester and Buffalo were invited to today's meeting.

The letters sent by Hardwick to WROTB can be viewed by going to the Erie County Comptroller’s Office website – www4.erie.gov/comptroller/.

Voting in Genesee County — two primaries this summer, plus future races for governor and president — has become more of a problem for the Board of Elections, Dick Siebert says.

Not only have workers been more scarce, but voters don’t seem to be filling the extra voting days required by the state.

“We've had two primaries, which we didn't anticipate. We had the June primary. And then we had the August primary. The turnout was extremely bad. And what we've talked about before, that's always concerning to us,” Siebert, the Republican Party representative as Board of Elections commissioner, said during Wednesday’s Ways & Means meeting. “And it disturbs both of us that there's always talk about extending early voting. Like Lorie and I have always said in other counties … we don't need more than nine days, it's more than sufficient. When you're running, you know, 10 voters a day for how many hours? It's disturbing because there's an expense to it. But we have no control over it. It is what it is. It is what we have to live with.”

The June Primary had a Democratic turnout of 12 percent, or 1,072 votes, with the Republican turnout at 17 percent, or 2,892 votes, he said. August's Primary tallied 2,358 votes for 14 percent of the eligible Republican voters. That pales to the 17,000 registered Republicans and 9,000 registered Democrats that could cast a vote. 

With the upcoming local, state and national elections, it is destined “to be a busy year for us,” he said. And given that “workers are walking away from us,” it has been an ongoing challenge to shore up staffing gaps.

Board of Elections staff has been discussing ways to entice workers — breaking up a day into shifts to avoid the long hours of 5:30 a.m. to 9:30 p.m., and promoting the job as a way to earn extra holiday money, he and the Democratic Board of Elections Commissioner Lorie Longhany said.

“We recruited eight people from those efforts,” she said. “It seems like a post-COVID phenomenon; we have people commit, and then they call and uncommit, or they don’t show up, which is a real hardship on us.”

Both major parties have been working to get the word out, they said, about the need for elections staff. Legislators asked questions about the criteria for employment. Anyone 17 and older who is a Genesee County resident and pre-registered for one of the two parties of Republican or Democrat may be qualified for the job. They just need to keep focused on the task at hand, Longhany said.

“We can’t have people disrupting a poll site. It’s not politics; it’s about a fair election,” she said, as Seibert added that “everyone that wants to vote gets a vote.”

How does the county update its list of voters? Staff monitors the list and removes those who notify the board office that they have moved, and they also review a “move list,” Longhany said. Much of that is dependent on the voter, who has responsibility for notifying the board office and registering in the new county of residence, she said. As for people who have died, “every single morning, staff go through the obituaries,” she said.

“People in this county are very fortunate; it’s very well run,” Legislator Marianne Clattenburg said.

Seibert recommended that Longhany, who lives in Le Roy, be appointed as commissioner again next year. Her term, if approved by the whole Legislature, will run from Jan. 1, 2023 to Dec. 31, 2026.

Committee members voted to forward the proposal.

Photo: Dick Siebert, Republican representative as Board of Elections commissioner, gives county legislators a department review, and recommends Lorie Longhany, Democratic representative as board commissioner, for the next three-year term.  Photo by Joanne Beck.

Press release:

Congressman Chris Jacobs (NY-27) led Congressmembers Elise Stefanik (NY-21), Nicole Malliotakis (NY-11), Joe Sempolinski (NY-23), Lee Zeldin (NY-01), and Claudia Tenney (NY-22) in calling for New York State Department of Education Commissioner Betty Rosa to release 2021-2022 Grades 3-8 English Language Arts (ELA) and Mathematics assessment data. Traditionally, the state has released this data in August before the start of the next school year. However, this data for the previous school year have yet to be made public.

“Around the country assessments are showing us COVID-19 caused detrimental learning loss in our students. School closures, quarantines, and remote learning left many students behind and widened the achievement gap – especially for students from traditionally disadvantaged populations,” Jacobs said. “A portion of American Rescue Plan Funding has been allocated to New York school districts to address learning loss, yet in true NYS government fashion, we have yet to get transparent answers on the state of our students’ assessments. As we work to begin our long road to academic recovery, we need a full and accurate picture of the loss that occurred in NYS students – the Commissioner must release this data immediately so academic plans can be formed and implemented effectively and expeditiously.”

"It is way past time that parents have the answers they deserve and demand. What lasting effects did our extended COVID lockdowns have on our children, and why has the NYS Department of Education not been more forthcoming with their data? We need to have all of the information so that we can do what is best for our students and their education,” Congressman Sempolinksi said.

"Albany needs to immediately release the standardized test scores for the entire state. There is no good excuse to delay this a day longer, and the further the state stalls, the more suspicious New Yorkers will understandably become that the state is trying to hide the data from the public," Congressman Zeldin said.

“Assessment data for mathematics and English Language Arts (ELA) are made available for New Yorkers to review every August. However, with an election approaching, Governor Hochul withheld the data this year, in what appears to be a clear attempt to cover up the damage done by New York’s unscientific COVID mandates, which undoubtedly had a significant impact on learning. New York should make its data public now, just as it has in past years. Our children must always come first,” Congresswoman Tenney said.

Photo by Joanne Meiser.

A tradition that started at the former Batavia Club at 201 East Main St. more than 80 years ago continues with longtime Batavia entrepreneur Ben Mancuso Jr. – who is 89 years young today – leading the way.

Mancuso, former Genesee County Family Court Judge Charles Graney, former bank executive Ned Chatt and former school superintendent Robert Smith meet every Wednesday morning at 11 a.m. from May through December to play bridge. The venue these days is T.F. Brown’s Family Restaurant at 214 East Main St., an establishment owned by Mancuso’s son, Rick.

“We’re not sure exactly when it (the bridge club) started but at least back into the 1930s, and probably before that,” Chatt said.

The Batavia Club was founded in 1887 and served as a social gathering place until 2000, when it was sold to Genesee-Orleans Regional Arts Council for $1.

Chatt and Graney rattled off four names of those who were bridge club fixtures in the early days – Bill Dipson, Steve Hughes, Harry Lown and Van Richards.

When asked if they play for fun, Chatt quickly replied, “We have fun, sure, but there’s more to it than that.”

Today’s competition – the quartet rotates partners and adds up individual points – was marked by a surprise birthday party for Mancuso, who said he celebrated last night as well when Aaron Judge of the New York Yankees hit his American League-record 62^nd home run in Texas.

“That was just super,” said Mancuso, a lifelong Yankees’ fan who used to welcome members of the Bronx Bombers to Batavia in his role as chairman of the annual Notre Dame Sports Night.

Photo: From left, Robert Smith, Ben Mancuso Jr., Charles Graney and Ned Chatt at T.F. Brown's today. Photo by Mike Pettinella.

Federal prosecutors have an interest in a North Carolina man who was arrested March 19 in Le Roy after allegedly being found in possession of an AR-15 rifle in violation of the SAFE Act.

Michael Alan Jones, 24, of Raleigh, has been charged in U.S. District Court in Western New York with possession of a firearm and ammunition as a convicted felon, and has reportedly reached a plea deal with federal prosecutors.

The FBI's interest in Jones may have more to do with his alleged participation in the Jan. 6 attempted insurrection in Washington, D.C.

The online news site RAW Story links Jones to two extremist groups, the Proud Boys and Patriot Front, and places Jones in the Capitol on Jan. 6.

At 4:36 p.m. March 19, deputies Kenneth Quackenbush and Nicholas Charmoun stopped a gray Nissan Sentra driven by Jones for an alleged traffic violation. Upon approaching the vehicle, the deputies observed several knives, military surplus gear, and two compound bows inside the vehicle, according to a Federal affidavit by an FBI agent. 

 The affidavit says a passenger in the car was identified only as PK.  The deputies reportedly observed a backpack on the passenger-side floorboard with bolt cutters protruding from the pocket.

Upon searching the vehicle, the deputies located pry bars, bolt cutters, and gloves, which, the affidavit states, the deputies believed to be consistent with burglary tools. They also found pepper spray and ammunition. 

When asked about the ammunition, according to the affidavit, both Jones and PK claimed ownership.  

Jones later said he owned everything in the vehicle except the backpack, and that the ammunition was "someone else's."

The agent wrote, "GSCO deputies asked JONES if there was a firearm inside the vehicle. JONES responded, 'There shouldn't be.'"

Deputies determined that the plate on the vehicle didn't match the vehicle, and the plate was removed from the vehicle and the vehicle was towed from the scene.

A subsequent inventory search uncovered, according to the report, military surplus gear, Beofang handheld radios, additional knives, and the "Army Tactical Combat Casualty Care Handbook."

Deputies also located in the trunk a Palmetto State Armory AR-15 rifle, bearing serial number 5CD729076, and a 30-round Magpul PMAG magazine was found in the trunk of the vehicle.

The agent says that Jones told deputies that he purchased the firearm a "long time ago," but never fired it. He allegedly said he brought the rifle from North Carolina to New York.

The agent said that on April 19, the FBI interviewed a person in North Carolina who had worked with Jones at a Cracker Barrel in Mebane, N.C., and that this former co-worker, HN in the report, said initially that he didn't recognize the rifle but that he had purchased it for Jones. He said he purchased it through the Palmetto State Armory website and used PayPal to complete the purchase.

The rifle violated the state's SAFE Act because the rifle was equipped with a flash hider, capable of accepting a removable magazine without a pinned magazine release, and was equipped with a telescopic stock. 

Jones' prior felony conviction in North Carolina, referred to in the Federal charging documents as "a crime against nature," involves Jones, at 18 and 19, having sex with minors, aged 14 and 15. He was arrested on charges.

According to sources, Jones has no known ties to Genesee County. It's unknown why Jones and PK, who is from the Finger Lakes region, were in Genesee County when deputies spotted the Sentra reportedly making an illegal turn in the area of Route 33 in Le Roy.

Locally, Jones was initially charged with criminal possession of an assault weapon 3rd, criminal possession of a weapon 3rd (ammunition feeding device), unsafe turn, number plate violation, and driving an unregistered vehicle on a highway. 

Jones, according to the arrest report, served in the U.S. Army.  The report states he wasn't employed at the time of his arrest and his highest education level was high school.

District Attorney Kevin Finnell said the local case was dropped after Jones was charged Federally because of a defendant's Constitutional protection against double jeopardy. 

Sheriff William Sheron praised the effort of Quackenbush and Charmoun in apprehending Jones.  

"This was another example of good police work," Sheron said. "Looking beyond the traffic ticket."

Traci Russo, a juvenile case supervisor with the county's Probation Department, speaks about options for helping troubled youths during the Systems of Care Summit at Terry Hills on Tuesday morning.

The event was hosted by Genesee County Mental Health.

Lynda Battaglia was the featured speaker and there were three panels of professionals in the area's agencies that deliver mental health-related services and other services for children in the community.

He kind of hates to admit it, but the doom of COVID for most businesses was actually a boon for Empire Hemp Company, Chris Van Dusen says.

“Back then we had hired some employees, and we had COVID hit. So we did a walk-up window for COVID. And it was taking off. So we decided, to survive here we were going to open a store,” said Van Dusen, company founder and CEO. “So we had to let the guys go. And that's how we opened the store. So the store really took off … it was just the two of us doing everything.”

His other half, wife Shelly Wolanske, has been as fully immersed in the business as he has, first with a site on Swan Street in 2019, and a downtown store in April 2020. Van Dusen recently heard of a convenience store about to open with plans for selling cannabis products, and he wanted to clarify how one becomes a legal entity in the ever-growing field of cannabis establishments.

It’s not as easy as hanging up a sign, he said.

First, there’s an official Office of Cannabis Management that operates through the New York State Department of Labor. It regulates everything. That means applications, certifications, inspections, and many administrative hoops to jump through in order to be above board, he and Shelly said.

According to cannabis.ny.gov, the Office of Cannabis Management (OCM) is charged with issuing licenses for businesses to participate in New York’s adult-use, medical, and cannabinoid hemp industries. The OCM is developing regulations that will outline how a person or business can apply for and receive a license in the new adult-use cannabis industry.

The OCM will promote social and economic equity for applicants who have been harmed by the prohibition of cannabis for adult-use licenses, establishing a goal of awarding 50 percent of licenses to social and economic equity applicants, the site states.

Due to the nature of cannabis — more loosely known as marijuana, pot, weed — it has been tough going with those hoops, especially with banks and credit card companies that want no part of the business, Van Dusen said. That has made it tough to get loans and revert to a cash-only operation for sales, they said. And at the opposite end, there are the certified growers.

“We currently are working with, right around 20 growers right now. So we need this. They're calling us every day ever since we got the conditional licensing process, we're on the list,” he said. “There's people who know what they're doing. There's people who don't know what they're doing. So we need to secure our supply in the supply chain to make sure that we can get products to the dispensaries when they are ready to open at the end of the year.”

What? Empire Hemp is not a dispensary? Nope. It is the top-tier guy who does all of those applications to be able to buy, process and then dispense products. The store carries CBD products, made by the extraction of oil from the cannabis plants. As for straight-up cannabis, that will get shipped to a certified dispensary for retail sale.

That extract was priced at $4,500 a kilo in September 2019, and dropped to $500 a kilo by November of that year, he said.

“So our whole business model just went, and then the price just dropped because the supply became so huge because the whole country was doing it,” he said.

“COVID actually was a blessing for us. We would be out of business, because it got us through with those PPP loans to bridge that gap because that's when we said we're either gonna go out of business or we need to open a store, because we need cash, we need to get it; our online sales have dropped dramatically” he said. “We were doing really well. But because of the credit card processing getting canceled… all of our ranking on Google dropped and we've never been able to recover.”

They built the store at 204 East Main St., Batavia, on a “shoestring budget,” and said it’s been well received so far. There are at least 50 different types of CBD oils, lotions, balms and scrubs that have garnered loyal customers with praise for the pain-relief properties, Wolankse said.

So anyone can sell these products? No.

“We have a CBD retail license, and we have a manufacturing processing license so we can sell them. There's a lot of people that carry CBD products and they don't have a retail license. I don't even know if they know they need a retail license,” Wolanske said.

Merchants that are selling cannabis products without the proper license are not registered with the state, and therefore most likely bypassing sales tax payments. The state will be cracking down on these entities to ensure that only law-abiding — and tax-paying — businesses are operating, he said.

What type of licensing do you have?

"Okay, so the first one we got was a retail license for CBD, but that one is for the adult-use cannabis. We got the adult-use cannabis processing and manufacturing license, and then there's the adult use cultivation license," he said. "So we are now a recreational marijuana cultivator as well as processor so we can grow, process, manufacture, and distribute,” Van Dusen said.

Everyone, from the growers to the Empire Hemp facilities, must be inspected for proper documentation, cleanliness, packaging, and hygiene practices, he said. Empire Hemp’s wholesale license allows them to sell products to “the dispensaries when they open up the legal ones,” he said.

He is waiting for more than 800 dispensary applicants to be reviewed and chosen by the state for the first legal dispensary license. Once selected, those applicants will get a choice of a few locations to set up shop. They won’t be able to dictate where their dispensary will be, he said.

For example, an applicant in Erie County may have a choice of being in Batavia or Brockport, but not necessarily in his/her hometown location. The upside is that the designated site will be a turnkey operation, ready to open for business, Van Dusen said.

Working the steps

The state took steps to first license growers, then the processors and manufacturers, and now the final point of retail sale — dispensaries. He, his wife and his silent partner cannot turn their store into a dispensary, since they are the processor, manufacturer and distributor. But they can have someone else come in and, as a legally chosen dispensary, sell cannabis products in the future, he said.

But what about all of these small shops selling cannabis, usually under the guise of selling a sticker or T-shirt that includes up to 1/8 of an ounce of marijuana?

They’re not legal, Van Dusen said. They haven’t jumped through the hoops of applications, certifications and inspections of the product and sales site. Furthermore, the state has not even selected and announced the legal ones yet.

His frustration is not just sour grapes that others are opening more quickly and with less expense, he said, but also about taking the proper steps to sell a safe, quality product as Empire Hemp has done these last three years.

“And consistent products, you know you're getting the same product each time, you're getting a safe product,” he said. “And the growers, before we even get their cannabis, they've got to go through a line of testing. You want to make sure that their cannabis is secure. We can’t even receive it unless it has passed.”

“It's like when I see that it's really upsetting because we've played by the rules, we do everything we're supposed to do to be complicit and compliant with the law, and then these guys just come in and open up the stores like they're gonna make tons of money,” Van Dusen said. “I think it's had an impact on our retail store.”

“So people are trying to do it the right way, they're trying to follow what New York State has laid out. And then you have this whole other group of people that are just doing like this wild, wild west, and they're just doing whatever they want to … I mean, the milligrams in some of these products. I'm surprised these people aren't in the hospital,” he said.

State cannabis law requires that individual packages contain a maximum amount of product, such as 100 milligrams per package. Some stores are selling 500-milligram packages since they’re not inspected, he said.

“These are messing people up, like people don't know what they're getting into,” he said.

Another issue is the packaging, he said. There are packages out there that are clear, which allows UV rays in that can alter the product, versus Empire Hemp’s opaque packaging with nitrogen injected inside to keep the product fresh — for more than a year, he said.

As for smoke shops on the nearby Reservation, those business owners don’t have to legally abide by the same protocols as other New York State owners have to, similar to the sale of tobacco and gasoline products.

Van Dusen said that selling cannabis is not much different than alcohol. Both are legal in the state, however, you can’t just go and open up a shop to sell alcohol. Same with cannabis. And he wants the public to be aware of illegal operations. He visited a shop in Batavia and bought a package of cannabis quite easily, he said. However, he doesn't know where the product was grown and how it was processed, packaged and distributed. It did only contain 1/8 of an ounce. 

“The products that you buy at these illicit smoke shops that are selling what they think is ‘legal cannabis,’ are not,” he said. “Legal dispensaries will be opening by the end of the year, and keep your eye out for Empire Hemp products.”

Top Photo: Chris Van Dusen and wife Shelly Wolanske, owners of Empire Hemp Company in Batavia, talk about the legal requirements for being officially involved in the cannabis industry; Chris shows a package of product he bought locally from what he believes is an illegal dispensary, since the state has not announced the chosen applicants yet. Photos by Joanne Beck.

A man already in prison for child sex abuse will have more time to consider a plea offer on the latest charge he's facing following a court appearance in Genesee County on Monday.

Wesley G. Thigpen is being given time to consider an offer of a guilty plea to predatory sexual assault against a child, a Class A-II felony, with a sentence of 10 years to life.

A month ago, County Court Judge Melissa Lightcap Cianfrini rejected a previous guilty plea, entered by Thigpen in May, which would have capped Thigpen's sentence at 13 years.  Members of local law enforcement and the victim's family objected to that prior plea deal.

After reading the Probation Department's pre-sentence investigation report, and considering the letters she received, Cianfrini said the agreed-upon terms of the plea deal were "woefully inadequate."

Thigpen is already in prison on a guilty plea in September 2019. That plea to child sex abuse capped his prison term at four years.

On Monday, he asked for a new attorney, a motion that Cianfrini denied.

He is scheduled to appear in court again at 3:30 p.m. Oct. 24.

Ascension Parish hosted its first Oktoberfest on Saturday in the parking lot of Sacred Heart on South Swan Street in Batavia.

There was beer, wurst, giant pretzels, and traditional German music performed by The German American Musicians.  There was also a basket raffle and pull tabs.  

The event was a fundraiser for the parish.

Photos by Howard Owens.

Press release:

The Genesee County Health Department, Genesee/Orleans Council on Alcoholism and Substance Abuse (GCASA) and other community partners are excited to join 33 other communities across New York, Kentucky, Massachusetts, and Ohio in launching the first communications campaign for the HEALing Communities Study. The first campaign running from Oct. 3 – Dec. 2, 2022 is focused on raising awareness of the dangers of illicit fentanyl, a drug that is present in more than three-quarters of the 2,000+ overdose deaths that occur in New York each year (source: NY State Opioid Annual Report 2021). In addition to sharing facts about the dangers of illicit fentanyl, the HEALing Communities Study campaign teaches ways to protect our loved ones and community members from a fatal fentanyl overdose including: 

• Knowing the signs and how to respond to an overdose.
• Getting trained and carrying naloxone (also known as Narcan® or Kloxxado™), an FDA-approved medication that can save someone’s life if they are overdosing on opioids, whether it is a prescription opioid pain medicine, heroin, or a drug contaminated with fentanyl.

“We are eager to continue the work that we have been doing to reduce overdose deaths in Genesee County,” stated Paul Pettit, Public Health Director for Genesee and Orleans County Health Departments (GO Health). “The HEALing Communities Study will provide additional technical assistance and financial resources to help support and expand the collaborative initiatives that the Genesee-Orleans-Wyoming (GOW) Opioid Task Force is implementing.”

About the HEALing Communities Study
The National Survey on Drug Use and Health (NSDUH) estimates that 2.1 million Americans have opioid use disorder (OUD), yet fewer than 20% of those receive specialty care in a given year. New York State has one of the highest rates of opioid overdose deaths in the nation. A menu of evidence-based practices (EBPs) exists, including opioid overdose education and naloxone distribution programs, prescription opioid safety, FDA-approved medications for opioid use disorder (MOUD), behavioral therapies, and recovery support services. Unfortunately, these EBPs have largely failed to penetrate community settings. 

As a result, the National Institutes of Health (NIH) and the Substance Abuse and Mental Health Services Administration (SAMHSA) launched the HEALing Communities Study (HCS) to identify the EBPs that are most effective at the local level in preventing and treating Opioid Use Disorder. The goal of the study is to reduce opioid-related overdose deaths by 40 percent. The first phase of the study, which ended June 30, occurred in Cayuga, Columbia, Greene, Erie, Lewis, Putnam, Suffolk, and Ulster Counties. The second phase of the study will now run through December 2023 in Broome, Chautauqua, Cortland, Genesee, Monroe, Orange, Sullivan, and Yates counties. In support of this work, Genesee County is collaborating with local partners on a newly formed workgroup as part of the existing GOW Opioid Taskforce to launch three communications campaigns:

1. Naloxone and Fentanyl Education (10/3/2022-12/2/2022)
2. Medication for Opioid Use Disorder Awareness (3/6/2023-5/5/2023)
3. MOUD Treatment Retention (8/7/2023-10/6/2023)

If you are interested in joining the HEALing Communities Work Group or other GOW Opioid Task Force Work Groups, please contact Christen Foley at cferraro@gcasa.org.

To learn more about the HEALing Communities Study and to help end overdoses in Genesee County, visit:

• HEALing Communities Study Website: HealTogetherNY.org/Genesee
• GOW Opioid Taskforce Website: www.gowopioidtaskforce.org/
• GO Health Facebook: www.facebook.com/GOHealthNY

Press release: 

Assemblyman Steve Hawley (R, C,I - Batavia) recently expressed his displeasure with Labor Commissioner Roberta Reardon’s decision to lower the farm overtime threshold from 60 to 40 hours. With inflation and minimum wage set to rise again, this decision could force hundreds of farms out of business in the very near future.

“This decision is going to have grave consequences for all New Yorkers because, without farms, our state has no food,” Hawley said. “Farmers provide one of the most important services to our state and many of our farmers and farm laborers rely on the current 60-hour overtime threshold to ensure profits. Farmers face challenges unlike any other business and the last thing Albany should be doing from their ivory towers is telling our local farmers how to run their businesses. I will continue to lead the charge toward overturning this terrible ruling to protect our local agriculture operations.”