batavia

The way Russ Walker sees it, the day is coming when the government bans the internet sale of electronic cigarettes, just as the state has done with tobacco cigarettes.

When that happens, Walker said, storefront locations offering the modern alternative to tobacco-based products will be in a good position to grow.

A couple of weeks ago, Walker opened R.W. Vapors at 224 Ellicott St., Batavia.

E-cigs are cigarette-shaped devices that are designed to deliver the sense of smoking. They contain a liquid that is heated and vaporizes. The liquid can be flavored and may contain nicotine in varying amounts, from none to a heavier concentration, depending on the preference of the consumer.

"I can't make health claims about e-cigarettes," Walker said. "It is an alternative to tobacco. You're not getting all of the carcenogens. There's no combustion."

Typically, e-cig smokers are people who want to get away from smoking tobacco, or use the product as a bridge toward quitting cigarettes.

While Walker sells novelties as well in his store, he said he won't knowingly sell his product as a novelty to somebody just looking to experiment with e-cigs.

"This isn't for anybody who isn't already on some form of nicotine," Walker said. "I don't recommend starting a nicotine habit if you don't already have one."

Walker also won't sell to minors, even though a state law regulating the sales of e-cigs based on age won't go into effect until January.

As for the liquid, Walker said he mixes all of the liquid himself.

"It's not imported from China," he said. "It's all made locally."

Walker said he sells a variety of flavors and can make custom-order mixes.

As for the novelties -- what he carries in his shop are decidedly old-school pranks and jokes. He said he knew his shop would need to offer a variety of products besides e-cigs so he picked a product line he said he's always enjoyed.

The store also carries some jewelry -- charms and bracelets.

The man suspected of at least one local church burglary went missing for about 30 minutes last night inside the Genesee County Jail.

Jail officials noticed at about 11 p.m., Tuesday, that John A. Cabrera Jr., 22, of Batavia, wasn't in his confined area inside the jail.

In accordance with escape procedure, deputies and Batavia police officers set up a perimeter around the jail at 14 W. Main St. and began a search for Cabrera.

The search included the Sheriff's K-9 unit.

About 30 minutes later, Cabrera was located hiding within the jail building.

Cabrera was transported to UMMC for treatment of minor cuts and then returned to the jail.

State troopers assisted at the scene.

The Sheriff's Office is investigating the alleged escape and the District Attorney's Office will be consulted today regarding possible criminal charges.

Following his arrest on a burglary charge, Cabrera was accused of damaging property inside the holding cell at the Batavia PD headquarters.

As I was out and about this morning, I kept seeing this group of youngsters in bright red shirts, walking this way and that, hither and yon, and going all about town.

While I was at city hall about 1 p.m., here they came again.

Ann Marie Starowitz was leading the group.

It turns out the 19 students are part of the Holland Land Office Museum Summer History Camp. Today was their first day and they went to the Batavia Cemetery and the Richmond Memorial Library to get a start on their study of local historical figures.

Robert Brown, an Albion resident, stands with his hot dog cart outside Batavia City Hall on Tuesday afternoon.

It's been about a decade since the city has approved permits for street vendors, but recently decided to start issuing them again.

Brown and his partners jumped on the opportunity and were the first vendors approved for a permit.

They've been running hot dog carts in Orleans County for a number of years.

"We found out the city was going to allow street vendors," Brown said. "It's been a while since it's been allowed, but we thought this would be a great city (for a hot dog cart)."

The hot dog stand opened on Friday and Brown said he and his partners will operate the cart from 11 a.m. to 4 p.m. Monday through Friday offering hot dogs, hamburgers and sausage.

Two homes in the City of Batavia were recently burglarized during the day and Batavia PD is reminding residents to report suspicious activity.

The homes were on Manhattan Avenue and Chase Park and the break-ins were reported Tuesday and Monday.

The homes were unoccupied at the time and jewelry and cash were stolen.

No further details were released.

Batavia PD can be reached at (585) 345-6350.

In an apparent attempt to intimidate news reporters from covering the activities of her stores, the woman who has identified herself online as the owner of at least four outlets of The 420 Emporium contacted law enforcement on Monday and accused The Batavian's publisher of harassing her.

A police officer with the Greece PD contacted Howard Owens at 9:18 p.m., Monday, and ordered him to not have further contact with Amber Snover.

Snover was the subject of a story on The Batavian on Monday identifying her as the self-proclaimed owner of 420 shops in Brockport, Fulton, Henrietta and Syracuse.  It's unclear if she also owns the Batavia store at 400 Ellicott St.

When contacted via phone on Monday, Snover denied ownership of all five locations and Owens followed up with a text message question and an exchanged ensured in which she accused Owens of harassing her even though it was his first contact with her.

Owens, who had identified himself clearly on the initial call, informed Snover further via text that he was a reporter with legitimate questions.

When Owens told the Greece PD officer the same thing, the officer told Owens he had no right to contact Snover, that she was "alarmed and annoyed" by the contact and that if he contacted her again "we will issue a warrant for your arrest."

The Public Information Officer for the Greece PD, Capt. Steve Chatterton, said today the contact by the officer was a typical courtesy call placed by a police officer at the behest of an individual who wanted to request no further contact.

Chatterton said no police report was taken and no charges are pending. He said if Owens felt obliged as a journalist to seek an interview in the future with Snover, an arrest warrant would not be automatic. He said the circumstances of the case would be reviewed with the Monroe County District Attorney's Office before deciding how to proceed.

Two subjects are reportedly fighting in front of a group of spectators on Washington Avenue. City police are responding.

UPDATE 3:14 p.m.: Upon arrival police found nothing. They checked the area and then returned to quarters.

Someone flagged down a medic at 106 Bank St. in Batavia. A person there has a minor head injury. It is not yet reported what caused the injury.

UPDATE 1:51 p.m.: An 18-year-old male is being taken to UMMC by Mercy medics with a laceration on the back of his head. No word on how this happened.

A car and bicycle accident is reported on East Main Street in front of the Miss Batavia diner. The bicyclist is said to have leg and hip injuries. City police, fire and Mercy medics are responding.

UPDATE 11:44 a.m.: The patient is a 15-year-old girl who complains of pain in her left hip and her neck. She is being transported to UMMC. She was not hit directly by the vehicle, rather when it turned, the two collided and she fell off her bicycle.

UPDATE 9:49 p.m.: A reader named Amanda asked us to post the following note:

The 15 yr old girl is my daughter. She is doing ok. From what she told me she was trying to go around a car that was not stopping or watching for anyone. the car was pulled out onto the sidewalk up by aldis. My daughter said she thought the driver would have seen her. And if the driver that was trying to pull out of aldis parking lot was paying attention and actually stopped at the stop sign that is there, that my daughter would not have tried to go around. My daughter also said there was a line of cars behind the one that wasn't paying attention. i am not saying my daughter is not at fault here, but that other driver is at fault too. And the driver that hit my daughter is just a victim of peoples stupidity.

I think cars should not be allowed to pull up on sidewalks as pedestrians have to use the sidewalks. The cars should have to wait by the stop signs as most people will not pay attention to pedestrians. I had to pull my kids back from that very spot several times because cars do not stop at that stop sign, they just go to the edge by the road. Today could have been prevented if people follow the driving rules and actually payed attention.

Another thing for that driver who hit my daughter, I would like to let you know that my daughter is doing ok, just sore and bruised. My daughter said you were crying and everything. i do not hold you responsible from what I was told. I am sorry you and my daughter had to go through this today.

Press release:

Today, Senator Charles E. Schumer announced a critical funding commitment for the Genesee Gateway Local Development Corporation (GGLDC) through the Economic Development Administration (EDA), to complete essential infrastructure improvements at the Genesee Valley Agri-Business Park (GVAB) in Batavia.

In March of 2012, Schumer urged the EDA to support the ag park’s water system after the GGLDC applied for a $1 million investment from the EDA Public Works Program, which will go toward infrastructure improvements needed to support Muller-Quaker partners' -- Theo Muller Group and PepsiCo -- new $206 million yogurt manufacturing facility in the ag park.

Today, the EDA notified the GGLDC that the agency was granting it a $1 million preliminary award pending receipt of final supporting documents.

“This federal investment will mean more jobs and economic activity in Upstate New York, and more demand for our dairy farmers’ product. It is great news for the Genesee County’s Agri-Business Park that further solidifies Upstate New York’s place at the top of the rapidly expanding Greek yogurt production industry,” Schumer said.

“I urged the Economic Development Administration to support this project so that Genesee can pave the way for a major new water system at the Agri-Business Park in Batavia, helping to sprout hundreds of new jobs and Pepsi’s new Greek yogurt plant.

"The Agri-Business Park is going to be a huge driver of jobs and economic growth, and it’s clear that EDA agrees we need to make this investment to create jobs and new markets for our farms and dairies. The EDA made a smart choice and will get real bang for their buck with this investment.”

In March of 2012, Schumer wrote and personally called EDA Acting Assistant Secretary Matthew Erskine to issue his support and noted that this investment would allow the ag park to construct an aquifer-direct water system, which is required for food processing and yogurt-product manufacturing.

The federal award will also help the project leverage millions in private-sector investments and will create approximately 186 jobs at the plant, all while providing a critical boost as Genesee County and Upstate New York work to keep pace with the lucrative and fast-growing yogurt production industry.

The GGLDC will use the $1 million, plus a local match, to construct an aquifer-direct water system required by food processors as municipal water is not optimal for the manufacturing process of yogurt products.

In addition to PepsiCo’s Muller-Quaker plant, the aquifer system will be utilized by other tenants at the park, such as yogurt product producer Alpina Foods. Alpina is in the process of constructing a 40,000-square-foot yogurt processing facility in the ag park and anticipates beginning production late this summer with the hiring of 50 new employees.

Schumer highlighted the fact that multiple economic development projects would be set to utilize this aquifer system once constructed, and noted that the project fits squarely in line with the administration’s focus on developing regional clusters of growth in specialized high-tech manufacturing.

This funding will help Genesee County close an over $1 million funding gap needed to upgrade the park’s road and sewer infrastructure to accommodate forthcoming new tenants like Muller-Quaker, Alpina, and Genesee Valley Mushroom.

In May, Schumer led the effort to secure $105,000 from the USDA to upgrade an essential pump station necessary to increase the park’s wastewater system’s capacity to support the park’s new tenants. To overcome the last of this funding gap, Schumer is also spearheading an effort to secure a $200,000 grant from USDA to construct the required secondary access road into the park. The USDA expects to announce winners of that grant within the next few weeks.

Earlier this year, Schumer urged Muller-Quaker partner PepsiCo, to source as much of the milk for their product as they can from New York’s dairy farmers. The new plant, to be built in Batavia, will create 186 jobs primarily around the manufacturing of various Greek yogurt products. Schumer noted that the plant will be the largest manufacturing operation to locate in Genesee County in the past 50 years.

Dairy processing has significantly increased, thanks to the opening of several new yogurt plants in the state, and the new Muller-Quaker plant represents the latest opportunity to increase demand for New York dairy products, a welcome boost for New York’s long-suffering dairy farmers.

The EDA Public Works Program provides funding for distressed communities to revitalize and upgrade physical infrastructure to attract new industry, encourage business expansion, and diversify local economies.

The Economic Adjustment Assistance Program helps address the needs of communities experiencing adverse economic changes that may occur suddenly or over time caused by international trade, long-term economic deterioration, loss of major community employer, or loss of manufacturing jobs. Funding can be used for infrastructure improvements like sewers.

And they're off ... for the 66th season, there is live harness racing at Batavia Downs.

More than 3,000 racing fans turned out for opening night and they witnessed Shawn Gray, who captured Buffalo's 2012 driving title, notch three wins.

Two other of the nation's top drivers, Dan Noble and Jim Morrill Jr., were also featured on the night.

Route 33 is being shut down at Angling Road for an ATV vs. gas meter accident with a possible gas leak.

East Pembroke Fire Department on scene. Corfu fire police responding for road closure.

UPDATE 10:22 p.m.: All houses from the east of the incident location have been evacuated.

Two common questions around town about The 420 Emporium at 400 Ellicott St., Batavia, are "who owns it?" and "what does 420 mean?"

On the ownership question: Neither the City of Batavia nor Genesee County require business licenses. The store has not applied for (and apparently doesn't need) any sort of variance to operate nor has it applied for a sign permit. Technically, the store owner should apply for a "doing business as" fictitious name statement, but The 420 Emporium in Batavia has not done that, according to available records.

Amber Snover (inset photo), a Rochester resident, claims ownership on her Facebook page of the Brockport, Fulton, Henrietta and Syracuse outlets. 

This afternoon, The Batavian called Snover and asked if she owned the Batavia store. She claimed she did not. She also denied ownership of the Brockport, Fulton, Henrietta and Syracuse locations. She then hung up the phone.

We followed up with a text message and pointed out that she claimed ownership of the stores on her Facebook profile and she accused The Batavian of harassing her.

We then tried to call Joshua L. Denise, a Rochester resident who reportedly works at The 420 Emporium location in Batavia, and asked if he or Amber Snover owned the store and he immediately hung up the phone.

Snover represented The 420 Emporium at a Village of Brockport meeting in November after apparently running afoul of zoning rules that required a change of use permit for the 420 location at 14 Market St. The location had previously been a tattoo parlor and apparently Brockport's planning department needed to be notified of the change from service to mercantile.

Snover, according to the board minutes, said she was ignorant of the village's ordinance on the matter and apologized for not applying for the change before opening.

According to the minutes, Snover reportedly said she owned the store in Fulton.

Board members expressed concern about the depictions of marijuana in the shop's window and questioned why the store was open until midnight.

She reportedly said "that's when the sales are the highest."

Snover reportedly told board members she was previously employed at Look ah Hookah in Henrietta. That location was recently named in a lawsuit filed by the Attorney General's office aimed at curbing bath salt sales.

From the Viilage of Brockport Planning Board minutes:

Member Winner inquired what state agency determines what is appropriate in her store and she replied ATF. He asked if she had had any trouble with them and she said no, as a matter of fact, she just contacted ATF last week to see if it is okay to ID people at the door; they said it is fine. When asked if there had been any complaints filed with state or federal agencies, she said no. She was at her previous store less than one year and did have a fiduciary responsibility in that business.

At the time of the meeting, November 2011, Brockport PD reportedly walked through the store and found no illegal items on sale.

Snover reportedly gave two explanations to the board for the name "420 Emporium." One was that "420" is code for marijuana; the other that it was the date of a former partner's birthday.

The history of 420 as a code for marijuana goes back to 1971 when a group of San Rafael, Calif., high school students who called themselves "The Waldos" used to meet at 4:20 p.m. at a statue of French chemist and microbiologist Louis Pasteur to plan their search for a supposed secret, hidden cannabis crop in the area. By legend, 4:20 is the socially acceptable time to smoke marijuana.

Snover is also listed in domain name records as the owner of the420emporium.com, which she registered in February.

We are awaiting delivery of incorporation records from the NYS Division of Corporations, which should list the owner(s).

UPDATE 6:55 a.m., Tuesday:  It turns out the Monroe County Clerk's Web site has a copy of The 420 Emporium's incorporation application available. It lists a Charles D. Fitzgerald as the person who incorporated the company. Fitzgerald is mentioned as the owner of The 420 Emporium in Fulton in a story about his arrest on 42 counts of criminal possession of weapon when police allegedly found 43 brass knuckles in the store.

Fitzgerald, 36, the story notes, had a prior criminal conviction. The police made the arrest following an investigation into a reported theft of "incense" from the store. Fitzgerald was arrested in November. The incorporation application was filed in August. It lists the same address in Rochester that is associated with the domain registration for the420emporium.com, which lists Amber Snover as the owner of the domain.

Note that Snover mentioned a "former partner" in the hearing in Brockport, according to the minutes. Further research on the property address associated with the incorporation and the domain registration indicates it's actually in Greece, not Rochester.

There are some communities in Western and Central New York where law enforcement and emergency personnel have reported problems with users on "bath salts," but some communities have been untouched.

In the GLOW region, for example, Le Roy, Albion, Medina and Warsaw, according to law enforcement sources in each place, haven't seen many emergency calls related to bath salts.

In communities such as Batavia, Fulton, Utica, Watertown and Syracuse, however, there has been an explosion of calls for bizarre behavior, people having seizures, people demonstrating extreme paranoia and agitation.

What's the difference between these two sets of communities: In the villages and cities where there are problems, there is at least one retail shop -- usually a head shop -- suspected of selling synthetic drugs. Where no such shop exists, there haven't been many people buying and using the products.

In Batavia, first there was The Laughing Buddha, which was suspected of selling bath salts and other synthetic drugs until it closed around the beginning of May.

At about the time it closed, The 420 Emporium opened at 400 Ellicott St.

There are four other 420 Emporium locations in New York. The first one opened in Fulton in September 2011. A short time later, a second head shop opened in Fulton.

"Ever since that store came to town, well, let me put it this way, we never had a bath salt problem until these stores came to town," said Sgt. Joseph Agigo of the Fulton PD. "It seems to have contributed to the problem. It may not be the only source of the problem, but it has contributed to it."

While bath salts and other synthetic drugs are available online, an online purchase requries a credit card and creates a paper trail. For a person on parole or probation, that could be a problem.

When a retail store allegedly sells synthetic drugs, anybody with cash and knowledge of the location can acquire a product that may or may not have been banned by state or federal law.

Sgt. Steven Hauck, public information officer for the Utica PD, doesn't want to overstate the level of bath salt problems in his city, saying that because his department's policy is to be completely transparent about the issues it deals with, Utica got more media attention than some other municipalities.

However, Hauck said there is certainly a correlation between ease of access to a retail location that seems to be selling synthetic drugs and the problems it creates in a community.

"Part of the thing with any type of drug is a person's ability to obtain that drug," Hauck said.

What Hauck said he doesn't understand is why a business that might otherwise be legitimate would want to get involved in something as ethically questionable as selling synthetic drugs.

"The thing I've always found really odd about the whole bath salt thing is that while I can understand to a certain degree, though I certainly do not condone it, a person on a street corner selling crack or selling marijuana, these are businesses, legitimate business," Hauck said. "Why would you want to get involved in something that you hear every day is killing people?"

The 420 Emporium's Web site lists locations in Rochester, Henrietta, Brockport (top photo), Syracuse, Fulton and Batavia.

The bath salt issues in Batavia are well documented. Fulton's police have dealt with bath salt issues. Media reports confirm numerous bath salt issues in Syracuse, though there are other possible retail outlets allegedly selling the compounds in that city. 

As far as Brockport, its chief of police has not responded to multiple phone calls and emails requesting comment. The Batavian did speak to a lone police officer Saturday who said he wasn't aware of any problems related to 420 in Brockport; however, Jason Lang has told The Batavian previously that he has purchased bath salts in Brockport.

On Saturday the Tonawanda Valley Youth Ladies Fastpitch Softball League (TVYLFSL) hosted a Junior Division small ball softball tournament to benefit Crossroads House.

Four teams of 10-12-year-old girls participated, representing Batavia, Le Roy and Byron-Bergen.

Participants and their families were asked to bring donations from the Crossroad House wish list.

http://www.crossroadshouse.com/

"Crossroads House is a comfort care home for those who have a terminal illness and have been medically determined to be in the last three months of life. Crossroads House is an alternative to a hospital or nursing home when care can no longer be provided in the patient's own home."

Le Roy 2 coached by Micky Hyde won the tournament. Tied in points going into the last game with Le Roy 1, Hyde's team scored a run in the last inning to pull off the win.

More pictures from the games can be found here.

A car is reportedly in a ditch at Brown and Wilkinson roads, unknown injuries, and a power line was taken down as a result. Emergency responders are told to proceed with caution. East Pembroke Fire Department and Mercy medics are responding.

UPDATE 8:29 p.m.: The caller states the vehicle has one occupant. The high-tension wires are across the roadway and it is "completely blocked." A train close to or crossing Wilkinson Road is stopped. The driver has head injuries and Mercy Flight and a landing zone set-up are requested. But Mercy Flight says there's no Batavia bird available; checking on Buffalo now.

UPDATE 8:36 p.m.: The driver has serious injuries. A brother is on scene. National Grid is notified.

UPDATE 8:43 p.m.: A Mercy Flight helicopter is expected to arrive from Canandaigua in about five minutes.

UPDATE 8:46 p.m.: The helicopter is expected any second now. It will land north of Brown Road, on the east side of that road. Fire police are on scene also.

UPDATE 8:49 p.m.: National Grid is on scene.

UPDATE 9:04 p.m.: The patient is described as a 52 41-year-old male who was thrown from the vehicle and has symptons consistent with a serious head injury.

UPDATE 9:28 p.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital in Rochester.

A fence is reportedly on fire at 21 North St. City firefighters are responding.

UPDATE 2:50 p.m.: The fire is out.

Four more burglaries, two at churches, were reported Sunday morning and a suspect was taken into custody, Batavia PD reports.

John A. Cabrera Jr., 22, of Batavia, was allegedly caught in the act of burglarizing St. Paul's Lutheran Church in Batavia.

It's unknown how it came to Batavia PD's attention that an alleged burglary was in progress at St. Paul's.

Right now, Cabrera is a suspect only in the alleged St. Paul's burglary.

A burglary was also reported this morning at Ascension West (formerly St. Anthony's Church) on Liberty Street (photo).

The 10:30 mass was canceled after the burglary was discovered.

There was also burglaries reported at the Genesee County Nursing Home and Parkside Manor Apartments.

Detectives say DNA evidence was collected at least one scene in the overnight burglaries.

Three church burglaries were reported July 8 in the city. DNA evidence was collected at least one of those locations.

A person was injured while playing on the ice at Falleti Ice Arena. He's down on the ice, unconscious. City fire is on scene and Mercy medics are responding. The arena is at 22 Evans St.

UPDATE 12:14 p.m.: City police also responded and they are back in service along with the firefighters. Mercy is transporting a male to UMMC.

More than 1,000 people -- when organizers considered 700 fans a good turn out -- showed up at the tractor pull at the Genesee County Fairgrounds on Saturday evening.

Competitors brought their machines -- small, medium and mighty -- to compete in various classes of competition, from stock, street-legal trucks and modified law tractors up to souped-up full-sized tractors.

If you're unable to view the slide show below, click here. To purchase prints of these photos (or previous fair photos) click here.