batavia

Fall colors off Batavia Oakfield Townline Road and Maple Avenue in Batavia.

Photo by Lisa Ace.

While 99 percent of all beers produced depends on freeze-dried and preserved hops, there’s also a type of craft beer made from freshly harvested hops flowers, Adam Burnett says.

That 1 percent happens for about one week a year with a farm-to-brewery operation. And Eli Fish Brewing Company is taking advantage of those special brews this weekend.

“It’s the New York Wet Hop Beer Festival,” said Burnett, a lead organizer and brewmaster from Eli Fish. “Hops are just flowers. And when you pick a flower, it doesn't last very long. So there's only about a one-week window a year when you have the opportunity to pick hops off the vine and use them fresh. And when they’re fresh to pick, and are put right in the brew, you should use them the same day they’re picked; it can be anywhere from the last week of  August up to mid-September.”

The first-time wet-hops fest is set for noon to 4 p.m. Saturday at Jackson Square in downtown Batavia.

“We found that 14 breweries around New York State did that this year,” Burnett said. “We do it every year, and this year I made two different beers to kind of showcase different farms. There were different varietals this year, and it kind of peaked at different times so the window is actually different depending on what type of hops you want to use.”

Burnett made his two brews — pale ales that allow the juicy hops to shine — out of New York-grown chinook and cascade, two popular types of hops, and his Harvest Ale, featuring cascade hops and Michigan copper hops, which is described by beermaverick.com as a “vigorous super-aroma hop with very fragrant floral and tropical fruit aromas and flavors.”

He will have plenty of company from eight wet hops brewers from Western New York and six from New York City. Each booth will have a home-style brew plus a guest brew from another location, he said.

Breweries include 1927 Brewhouse at Santora's, Nine Maidens, Beer Tree, TIL Brewing, Wagner Valley, Swiftwater, Three Heads, Noble Shepherd, Strong Rope Brewery, DaleView, Greenpoint, Endless Life, Threes, KCBC, Port Jeff and Good Nature.

Eli Fish owners and staff are hoping that this inaugural event draws interest and attendance in an effort to make it a yearly and growing festival, Burnett said. Not only is Strong Rope Brewing Company of Brooklyn participating, but it is also hosting the same event on Saturday at its hometown location, he said. So each event will “mirror” one another with similar craft beers and producers for brews from each a local and more distant locale.

Pre-sale tickets are still available for $35, which includes a glass and eight tastings, or people may purchase the glass for $5 and tastings for $5 each on the day of the event. Pre-sale gives you two free tastings, Burnett said.

There will also be specialty foods available for purchase, and the musical stylings of The Eaglez, “a very good” Eagles tribute band from Buffalo, he said.

“We want it to be even just the smallest amount of success. I mean, everyone wants New York to be the (craft beer) place again. But until we respect that we have the ingredients to make beer, it's not going to happen,” he said. “So it takes this kind of stuff to get there.”

Go here for tickets.

Top File Photo of Oktoberfest hosted by Eli Fish at Jackson Square; above, image of The Eaglez logo from its website.

Press release:

Join us at the Holland Land Office Museum on Wednesday, Oct. 19 at 7 p.m. as we welcome the next presenter in our Guest Speaker Series. Ken Slaughenhopt of the Lewiston Historical Society and a surveyor himself will be presenting on "The Holland Land Survey". He will be discussing the trials and tribulations of the surveying process that went into laying out the Holland Purchase and its 3.25 million acres, as well as its importance to Western New York even today. Admission is $5 or $3 for museum members. If you plan on attending, please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com.

The Guest Speaker Series is made possible with funds from the Statewide Community Regrant Program, a regrant program of the New York State Council on the Arts with the support of the office of the Governor and New York State Legislature and administered by Go ART!

Press release:

The Genesee Society of Model Engineers will host the 101st “Great Batavia Train Show” on Sunday, October 16th, 9:30 a.m. – 3:30 p.m., at the Richard C. Call Arena, Genesee Community College, 1 College Road, Batavia.

Admission: $6 (Adults), $3 (under 18 yrs.), Free (under 13 yrs.)

The train show typically attracts 1,200 to 1,500 model railroad enthusiasts and railfans from across Western and Central NY, Northwestern Pennsylvania, and Southern Ontario. There are over 100 vendors occupying 250 tables offering merchandise ranging from antique railroad artifacts to the most modern digitally controlled model trains.

The GSME began hosting Train Shows in the early 70s at the Holland Land Office Museum. From those humble beginnings the “Great Batavia Train Show” has progressively moved from the HLOM to the Alexander Fire Hall, Holiday/Sheraton Inn, Batavia Downs, and to its present home at GCC. Each move has allowed the show to continually grow in both size and popularity making it one of the premiere events of its kind in Western New York.

 The train club hosts two shows each year, a spring show in April and a Fall show in October. A free Open House is held, typically, on the first Saturday of December at the Club’s facilities in Oakfield where club members maintain operating layouts in O Gauge (Lionel), HO & N scale.

 The Genesee Society of Model Engineers is located at 50 Main Street (Rte. 63), Oakfield, N.Y. (above the M&T Bank) and is open Tuesdays from 7 to  9 p.m. Business meetings are held the last Tuesday of each month. Visit www.gsme.org. Like us on Facebook. Visitors welcomed. (Stair access only.)

Photos: File photos by Howard Owens from the 100th GSME show.

Brandi L. Reuben, 26, and Garrett S. Porter (no residences provided), are charged with arson 3rd, criminal mischief, and conspiracy 5th. Reuben and Porter are accused of starting a fire at a newly opened location of a smoke shop at 368 Martin Road, Alabama on Sept. 29 at 10:38 p.m. The pair was arrested following an investigation by Deputy David Moore.  Reuben and Porter were arraigned in Town of Alabama Court and are scheduled to appear again on Nov. 15 at 6 p.m. (Previously: Judge gives Tonawanda resident a chance to put his past behind him)

Gerald Kenneth Freeman, 70, of South Spruce Street, Batavia, is charged with grand larceny of a motor vehicle. Freeman is accused of stealing a Ford water truck from the Genesee County Fairgrounds on Oct. 4 at 7:43 p.m. Freeman was released on an appearance ticket.

Rufus Garrett Johnson, 29, of Park Way, Chili, is charged with burglary 3rd and petit larceny.  Johnson is accused of going to Walmart in Batavia after previously being banned from the property with the intention to shoplift and of stealing merchandise on Oct. 8 at 10:07 a.m. He was arraigned in Town of Batavia Court and ordered to return on Oct. 26.

Matthew Jacob Zon, 41 of East Main Street, Byron, is charged with criminal contempt 1st.  Zon is accused of violating a full stay-away order of protection on Oct. 9 at 6:18 p.m. at a location on East Main Street, Byron.

Christina M. Sanchez-Anderson, 34, of Bergen, is charged with obstruction of governmental administration 2nd. Sanchez-Anderson is accused of leading police officers on a brief foot pursuit after being stopped on warrants on Oct. 4 at 3:36 p.m. on Main Street, Batavia. Sanchez-Anderson was released on an appearance ticket and held at the Genesee County Jail on her warrants.

Tammy L. Cicatello, 52, of Batavia, is charged with driving while ability impaired by drugs and uninspected motor vehicle. Cicatello was arrested on Oct. 1. She was stopped by a Batavia city patrol officer on July 30 at 5:34 p.m. on Mix Place, Batavia. She allegedly failed a field sobriety test. She was released on appearance tickets.

Marcia R. Goodenbery, 70, of Batavia, is accused of DWI and driving with a BAC of .08 or greater. Goodenbery was stopped on Sept. 28 at 7:57 p.m. on Court Street, Batavia, by a Batavia city patrol officer. She was allegedly observed appearing intoxicated at a local business and returning to her vehicle. She was issued an appearance ticket.

Fall's colors are coming out, including at Centennial Park in Batavia.

Reader submitted photo

From the start, the Batavia Blue Devils easily handled another opponent, cruising to a 41-20 win over Dansville/Wayland-Cohocton on Friday night.

Carter McFollins opened the scoring with a 90-yard kickoff return.

Batavia scored again on the first quarter on a 19-yard pass from Ja'vin McFollins to Cole Grazioplene.

In the second quarter,  Aiden Anderson on runs of 3 yards and 8 yards. 

In the second half, Mekhi Fortes scored on an 8-yard run, and Zay Griffin scored on a 65-yard run.

Wayland scored three times in the second-half.

For Batavia, Julia Petry connected on five of six point-after attempts.

For the game, Anderson ran for 109 yards on 14 attempts and Griffin 82 yards on three attempts.

Ja'vin McFollins was 7-11 passing for 121 yards.

Carter McFollins had two receptions for 55 yards.

On defense, Garret Schmidt had 10 tackles.

James Di Lullo is a facts man, which may answer why he did so well in Scholastic Bowl before graduating from Batavia High School in 2007.

As for his more recent ventures with film-making and acting, facts have also come into play. With some experience, schooling, research and tenacity, plus assistance from family members and his girlfriend, the 33-year-old Western New York native cobbled together a production to be premiered in Buffalo this weekend.

“Goldenrod” is a short film conceived and produced at DiLullo’s family farm in Cattaraugus County. As the name implies, scenery is lush with mustard-colored goldenrod and foliage, with a glass-like lake nearby the circa 1852 homestead.

“So I was sitting on the deck of a big beautiful, plantation-style, almost farmhouse, looking out over the lake in September, and beautiful fields, and determined that this was the perfect place for me to write about, for me to create a story that could be completely produced and shot on that location,” he said during an interview Wednesday with The Batavian. “And involve local history and entertainment to combine all the three things you need for a great film, which was story, place and time.”

He had the place. And with research and garnering those facts about the geography, DiLullo wrote a story about a modest farming family and how it was affected during the Civil War. His original draft was twice as long and larger, which was cut down to just over 18 minutes and seven characters.

Given the era of the film, fashions are simple — think “Little House on the Prairie” — which features 7-year-old lead character Clara Payne in a simple white dressing gown and bare feet that seem to enjoy running through long blades of grass. The image fits her on-screen personality, that of a kid who isn’t interested in the seriousness of life when there are flowers to pick and water for dipping her toes in.

Clara eventually discovers the answer to the movie’s question “how do you love?” after suffering a family loss and filling in the void with mature compassion. Trust is also a key component in the message, DiLullo said.

“It teaches how we can learn to trust each other, who do you trust and why?” he said. “What I learned the most was how I could trust other people, that was a big step.”

Backing up to high school, the versatile DiLullo took a hiatus to play professional soccer in Finland for one day shy of a year before eventually graduating, he said. He went to Brockport State College for international business and economics, with an intent to pursue the supply chain field. He landed at Microsoft in the marketing department and “I really saw the power of marketing,” he said, in connection with product endorsements on movie sets. Think that can of Coca-Cola is there by mistake? Of course not, he said.

After repeatedly being asked if he was an actor, he got an offer and accepted to try it out. He especially appreciates the movie business and how a set contains every skill, from the creativity of writers and actors to the administrative skill of accountants, and other needs for plumbers, electricians, daycare, and even psychology fields, he said.

He portrayed a character on a website production and took a 20-week writer's boot camp course to hone his skills before “Goldenrod” flashed into his mind in September 2018. Knowing the questions to ask himself, DiLullo pondered the compelling aspects of rural New York. That took him to the Underground Railroad, which pulls the story, place and time together.

Family members Cecelia “Chee” Lullo was the wardrobe designer; Michal K. Lullo served as production assistant, and Joseph Lullo was transportation supervisor.

James was born a Lullo but took the family name DiLullo that was used in the family until 1952, he said.

Others involved with the production include Dr. Mary Reid Gaudio, producer and music producer, composer and performer;  Richard Jacobs, producer.

DiLullo reached out to his hometown roots for assistance and inspiration. “Goldenrod” is in memoriam of former Genesee Community College music professor and composer Ann Reid, and was also influenced by retired teacher, historian, and author Anne Marie Starowitz of Batavia, DiLullo said. Select costumes were provided by Main Street 56 Theater and T-Shirts Etc. was involved as a vendor.

Directed by Marjorie DeHey, the film features a cast and crew from across the nation and New York State, he said. It is “considered a favorite for awards and recognition, and will focus on being official selections at NYS-based film festivals including Buffalo, Syracuse, and Cortland.

Top photo by Howard Owens.

James DiLullo and the cast and crew of Goldenrod. Submitted photo.

Production photo from Goldenrod. Submitted photo.

Press Release:

The Genesee County Economic Development Center (GCEDC) board has accepted an initial resolution for a proposed $12 million investment by 8250 Park Road, LLC for extensive renovations to the Quality Inn & Suites and Palm Island Indoor Water Park in the town of Batavia at its board meeting on Thursday, October 6, 2022.

8250 Park Road, LLC will renovate the four-season tourism and hospitality facility’s hotel rooms, lobby, event spaces, water park, and restaurant.  The re-development proposes to create 38 new full-time jobs. The project is estimated to generate $32 of economic activity for every $1 of local public benefits.

“This investment will have a major impact on our tourism and hospitality sectors. These types of facilities will attract residents throughout the Western New York Region,” said Steve Hyde, Genesee County Economic Development Center president and CEO. “The facility is in a premier location in Genesee County centrally located to attractions such as Darien Lake, and the facility’s water park is a four-season attraction as well.”

8250 Park Road, LLC is requesting sales tax exemptions estimated at $458,400, a property tax abatement of approximately $659,521, and a mortgage tax exemption estimated at $80,000.

A public hearing for the initial application will be scheduled in the town of Batavia.

The City of Batavia announces the appointment of Joshua Graham to the position of Fire Chief for the City of Batavia.  Graham was selected following an extensive search for candidates and active recruitment campaign.  The new Chief will assume his role on Monday, October 31^st, 2022.

A Western New York native, Graham holds a Bachelor’s Degree in Fire and Emergency Management from Purdue Global University, an Associate’s Degree in Fire Science, and an Associate’s Degree in Strategic Operation Management from the Community College of the Air Force. He has completed numerous trainings and certifications related to fire safety, management, and leadership.  He is currently serving as Captain in the Fire Department with the Department of Defense at the Niagara Falls Air Reserve Station.

Graham has worked as a professional paid fire fighter and volunteer fire fighter throughout his career.  Graham has served on Active-Duty Air Force, New York Air National Guard and he recently retired from the United State Air Force Reserves as a Senior Master Sergeant, where he filled the role of Deputy Fire Chief. He has volunteer experience with the Darien Fire Department and the Arcade Fire Department.  He also serves as a New York State Fire Instructor with the Office of Fire Prevention and Control. 

“I am excited for Josh to take on the leadership role of Chief of the Fire Department.  His record, dedication, and leadership ability made him the right fit for this position in the City.  Josh highlighted his preference to work in a team atmosphere and that made him the best candidate for this position,” said Rachael Tabelski, City Manager. 

“I am very excited to start in the position of Fire Chief for the City of Batavia. The Fire Department has done a fantastic job of upholding a high level of standard and professionalism for the community they serve, and I look forward to continuing that level of service for many years to come”, said Josh.

Josh, a graduate of Pembroke Jr./Sr. High School, lives with his wife Carrie and son Jaxon in Arcade. He will be relocating for the position.

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.

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.

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.