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Grand Jury Report: Man charged with first-degree Gang Assault

By Billie Owens

This week the Genesee County Grand Jury issued the following indictments.

Bradley A. Clark is accused of criminal mischief, 2nd, a class D felony, for allegedly intentionally damaging another person's property on May 22. He is alleged to have damaged a 2007 Ford Fusion in an amount exceeding $1,500. He is also accused of criminal contempt in the first degree, a class E felony, because he allegedly violated an order of protection in the City of Batavia on May 22 and caused property damage exceeding $250. In a separate indictment, Clark is accused of first-degree Gang Assault, a class B violent felony. On July 3, he allegedly intentionally caused serious physical injury to another person and was aided by two or more persons present. In count two of the second indictment, Clark is accused of using a dangerous instrument, his footwear, to seriously injure a person in the area of Center Street in the city. That is a class B violent felony -- first-degree assault.

Ronald L. MacGregor is accused of knowingly using a forged prescription for the drug Oxycodone on Oct. 1, 2010, in the City of Batavia. He is also accused of criminal possession of a forged instrument in the second degree. Between Oct. 5, 2010 and Sept. 28 of this year, he allegedly used a falsely altered prescription for Oxycodone in the Village of Le Roy. Both counts of the indictment are class D felonies.

Shannon M. Graham is indicted for a misdemeanor crime of driving while intoxicated. It is alleged that on June 9, in the Town of Alexander, Graham drove a 2001 Hyundai on routes 20 and 98 while intoxicated. In count two of the indictment, Graham is accused of aggravated unlicensed operation in the first degree, a class E felony. Graham, it says, should have known his license was suspended and that he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine.

Jose L. Morales is indicted for burglary in the third degree, a class D felony, for allegedly knowingly entering a church in Bergen with the intention of committing a crime some time between Jan. 10 and Jan. 11. He is also accused of criminal mischief in the fourth degree, a class A misdemeanor, for allegedly intentionally damaging another person's property. This included a rear door, office doors, furniture and file cabinets. In the third count of the indictment, Morales is accused of petit larceny, a class A misdemeanor, for allegedly stealing money and postage stamps from a church in the Town of Bergen.

Photos: Progress on PepsiCo's 'Project Wave'

By Howard B. Owens

I went out to the Genesee Valley Agri-Business Park this morning to meet WHAM13's Sean Carroll and the amount of progress that has been made by construction crews since Tuesday was noticeable.

It was impressive seeing more than a half-dozen pieces of heavy machinery moving around the 81-acre parcel at breakneck speed. There is a clear sense of urgency to complete phase one of construction before the worst of winter sets in.

And seeing the sewer lines being installed felt like another piece of the puzzle falling into place. The Cedar Street sewer line connecting Main Street and the ag park was only finished last week.

PepsiCo started construction as soon as the sewer line project was complete, even though not too many major construction projects in WNY begin in the middle of November. Somebody is pretty serious about being ready to begin physical plant construction in the spring.

Carroll's report tonight on Rochester's Channel 13 will be not just about Project Wave, but the scope of the uptick in activity at the ag park and what it means for Genesee County.

Law and Order: Man accused of calling ambulance to test response time

By Howard B. Owens

Kevin G. Viehdeffer, 51, of 334 W. Main St., Batavia, is charged with falsely reporting an incident, 3rd. Viehdeffer is accused of calling the Emergency Dispatch Center and requesting an ambulance for himself when he, in fact, did not need medical attention. Investigators claim Viehdeffer made the call merely to test the response time of personnel.

Tori Ann Jewell, 34, Thomas Avenue, Batavia, is charged with petit larceny. Jewell is accused of stealing $16.19 worth of merchandise from Kmart.

Michael Law Kennedy, 26, of Prospect Street, Batavia, is charged with aggravated harassment, 2nd. Kennedy is accused of sending several text messages threatening physical harm to the alleged victim and his family. Kennedy was arraigned in Stafford Town Court and ordered to stay away from the alleged victim.

Jaycees shift from long-running home show to Genesee Region Expo

By Howard B. Owens

Press release:

The Batavia Area Jaycees are a group of young adults which organize events to enhance the community and each other’s leadership skills. Their longest-running project has been the annual home show, which they are ending after 58 years.

In its place, they are excited to unveil a much more relevant show to the community in 2012, the Genesee Region Expo.

This new concept will combine the proven components of their old home show with a more extensive representation of businesses in the Genesee region. A wider cross-section of local vendors should attract a greater number of local consumers.

The first Genesee Region Expo or GRE will be held at the Batavia City Centre from 10 a.m. to 5 p.m. on Saturday, March 3 and from 11 a.m. to 5 p.m. on Sunday, March 4. Admission for spectators will be free. There will be plenty of demonstrations, workshops, seminars and entertainment on the center stage all weekend long, plus a food court and raffle opportunities. Many businesses will also have items for sale.

There is space available for nearly 100 exhibitors. Interested vendors can call the Jaycee hotline at 585-343-5775 to request a vendor packet or go to www.jci.cc/batavia. This includes a price schedule which outlines early response and multiple-unit discounts.

The Jaycees are excited about offering this event to the community and look forward to breathing new life into something that has the potential to be of major importance for the Batavia area and Genesee region.

Website set up for residents to track progress of consolidation task force

By Howard B. Owens

Press release:

A new website, specifically designed to help residents stay informed as the creation of the new city charter unfolds, is now live. The website (www.cgr.org/onebataviacharter) has been launched by the task force, which includes an eight-person committee and the study consultant.

The city and town of Batavia applied for and received a grant from New York State's Local Government Efficiency (LGE) program. After receiving the grant, the city and town engaged the Center for Governmental Research (CGR), a Rochester-based consulting organization with significant experience in local government consolidation, to assist the task force.

Task force members representing the city are Chad Bachorski, Gail Stevens, Dan Jones and Laura Landers. Representatives for the town are Chad Zambito, Judith Cotton, Larry Reisdorf and Marcia Riley. There are two alternates for the task force: city resident Joe Gerace and town resident Alan Koch.

The task force has been charged by the town and city to develop a new city charter that would legally consolidate the two municipalities into one new City of Batavia. The task force is also working to generate a home rule bill that would allow the new city charter to be brought to the citizens of Batavia for public referendum. It is the intent of the governing bodies of city and town to place the new city charter before voters in November 2012.

“The committee is excited to have the website up and running so that we can easily share information with the community,” said Chad Zambito, task force chair. “This is an important project that could have long-term implications on the citizens of Batavia and we hope they take this opportunity to digest the information and make an informed decision.”

Key charter documents and task force reports will be posted to the website, with postings occurring throughout the process. Batavia residents wishing to submit comments and feedback directly to the task force can do so via the website. Residents can also sign up to receive email alerts when significant new information is added to the site.

“The website worked very well during the original Batavia consolidation study,” Zambito said, referring to the analysis conducted by CGR for the city and town in 2008 and 2009, which served as a precursor to the task force’s work. “The committee felt it would be an important communication tool as the process moves forward.”

Muckdogs announce 2012 home schedule

By Howard B. Owens

The Batavia Muckdogs will open their 2012 season at Dwyer Stadium on June 18 versus the Auburn Doubledays.

For fireworks fans, the Muckdogs will be home on July 4.

Popular teams visiting this year are farm clubs for the Yankees (Staten Island), New York Mets (Brooklyn) and the Red Sox (Lowell).

The team will play 38 home games in 2012. Six will be on a Friday.

In addition to the 38 home games the Muckdogs will play at Dwyer Stadium next season, they will also host seven Scranton/Wilkes-Barre Yankee games in 2012. Those dates and times are as follows:

Friday, April 20, vs. Norfolk (Baltimore Orioles Affiliate) at 7:05 p.m.
Saturday, April 21, vs. Norfolk at 1:05 p.m.
Sunday, April 22, vs. Norfolk at 1:05 p.m.
Monday, April 23, vs. Norfolk at 12:05 p.m.
Saturday, May 5, vs. Pawtucket (Boston Red Sox Affiliate) at 7:05 p.m.
Sunday, May 6, vs. Pawtucket at 1:05 p.m.
Tuesday, June 12, vs. Louisville (Cincinnati Reds Affiliate) at 11:05 a.m.

Ticket packages for the Muckdogs and Yankees games, coupon books and season tickets for the 2012 season are all currently on sale. Holiday Packs are also on sale. For just $25, fans can purchase four undated general admission tickets, a T-shirt and a voucher for a 2012 program. They can be purchased by calling 343-5454, or in person at Dwyer Stadium from 9 a.m. to 5 p.m.

Photo: Ribbon-cutting for new meeting space at Coffee Culture

By Howard B. Owens

Brenda Richardson, manager of Batavia's Coffee Culture location thought an empty room in their building was going to waste, so she suggested turning it into an event center available to the community.

Her bosses apparently liked the idea because Thursday evening, Chamber President Lynn Freeman joined her for a ribbon-cutting ceremony for the new room.

The room is available for rental for parties, meetings and other group gatherings.

The spacious room is decorated with paintings by local artists. The paintings are also for sale.

Among the handouts for chamber members at the ribbon cutting was a flier advertising the availability of the Coffee Culture store to a franchisee. According to the flier, for an investment of about $295,000, you could become the owner of your own coffee house right in Downtown Batavia. SBA loans are available.

Ambulance dispatched to jail for victim of an assault

By Howard B. Owens

Medics have been dispatched to the Genesee County Jail for the victim of an assault.

The victim is unconscious but breathing.

City of Batavia Fire Department and Mercy EMS on scene.

A deputy has also been dispatched to the jail.

Local Scouts Help Feed Families

By Robin Walters

Two weeks ago the Elba Cubscouts of Pack 17 and the Elba Boyscouts troop 17spent time hanging door tags on the homes of residents in the village and town of Elba.asking the residents to donate food to help the hungry. The scouts then went back and picked up the donated items.

The scouts under the leadhership of  Cubmaster Chris Chadbourne and Scoutmaster Frank Weibel donated the food to Care-A-Van Ministries of Batavia. Care-A-Van Ministries has weekly grocery distrbiutions for local families, responds to calls that come in for emergency groceries for families in need as well as networks with local churches to provide food for them to assist families in need as well.

Care-A-Van would like to thank the scouts, the leaders and the residents of Elba for partnernig with them to help feed those in need.

Likely buyer for 'Project Wave' plant is PepsiCo

By Howard B. Owens

A pair of top executives from the company behind a development in the Genesee Valley Agri-Business Park in Batavia were on hand this morning to see the first of several tons of dirt get moved from one spot to another.

Even without a purchase agreement to buy the 81-acre parcel from GCEDC, the company is apparently eager to get this project under way immediately to meet a deadline for product production of early 2013.

The company wants site grading completed before the worst of winter hits.

While the executives did not want to be identified in publication, sources in the dairy industry have fingered PepsiCo as the company likely behind "Project Wave."

It makes sense.

According to a story in the Oct. 14 edition of the Wall Street Journal, Pepsi is embarking on a partnership with a yogurt company based in Germany in an effort to enter the fast-growing yogurt market in the United States.

This would be Pepsi's first foray into the U.S. dairy business, but fits an overall strategy laid out in the business press for Pepsi to grow market share in nutritional foods as the market for soft drinks declines.

The Jacksonville, Fla.-based firm that has led Project Wave through the regulatory process and start of construction is Haskell Architects and Engineers. On its website, Haskell lists PepsiCo as among its clients.

While the executives at the construction site this morning asked that their names not be published, an internet search of one of the executive's names confirmed he is an employee of PepsiCo.

The executive made it clear, however, that Batavia is only one site among four under consideration and his employer hasn't made a final decision on which site it will construct its plant.

It is, however, the site that is being bulldozed. And the company seems eager, and has big plans, to enter the U.S. yogurt market by 2013.

According to Project Wave specs, the plant will eventually employ 600 people working three different shifts on 16 production lines.

Assuming it opens on schedule in 2013, the plant will initially employ 180 people working on three production lines.

Both executives praised GCEDC and the Town of Batavia for having this shovel ready site available.

"There are only three of our four sites in the northeast that would be ready this quickly for production," one executive said. "These shovel-ready projects are key to attracting big companies."

Mike Wheeler, the project's architect, was also on site this morning and reiterated the importance of having all of the regulatory approvals in place, along with the infrastructure necessary for the project to get started right away.

"My hats off to these guys," Wheeler said. "They put the community in the best possible position for this project."

Final approvals in place for 'Project Wave' to begin construction

By Howard B. Owens

When an as-yet-unnamed company breaks ground on a development project Wednesday morning, it could mean as many as 600 new jobs in Batavia some day, and it will mark the end of a 15-day sprint to get the project pushed through the local and state regulatory process.

At the end of Tuesday's Town of Batavia Planning Board meeting, where a site plan and a change in the parcel map were approved, Chris Souzzi, VP of business development for GCEDC, said the swiftness of the approval process proves why shovel-ready business parks are so important.

"We can see now why we need these parks," Souzzi said. "Here we have a company that wants to build this fast, and in 15 days, you (the planning board) just approved a site plan. That's huge and that's why they're here."

Michael Wheeler, representing "Project Wave," as the secretive food-processing development is known, said the fact that the nine-month-long environmental review process had already been completed for the Genesee Valley Agri-Business Park, plus the review was a spot-on match for the kind of site contemplated in Project Wave, were huge factors in the client picking Batavia.

That said, not much is in writing yet.

The company has yet to close escrow on the 81-acre parcel and land in Avon and two already graded parcels in Pennsylvania are still, at least marginally, in the running for the big plant.

And the plant is big. In phase one, it will exceed 300,000 square feet, and if built out fully will have a 120-foot high cold storage tower (modeled after a similar automated storage tower owned by Wegmans near the airport in Rochester).

On day one, if it opens on schedule in January or February of 2013, the facility will employ 180 people and operate three production lines. At full build-out, the plant will employ 600 people on 16 production lines, all working in three daily shifts.

Grading and foundation preparation work begins at Wednesday morning and the unnamed company wants to see work completed by the end of December, according to Wheeler.

"At that point, it just gets so miserably cold up here that us Southerners can’t work any more," said Wheeler, who lives in Florida.

The company isn't scheduled to take possession of the property until the fall of 2012, when it will start moving in its production equipment.

UPDATED to add a picture I forgot to post last night of Mike Wheeler, left, and Paul Marchese.

St. Joe's, Holy Family schools notify parents of merger

By Howard B. Owens

Genesee County's two Catholic elementary schools are apparently planning a merger, according to a letter sent home to parents.

The letter obtained by The Batavian was sent to parents of children at St. Joe's in Batavia and Holy Family in Le Roy. It states:

Local leadership has agreed that the schools will reconfigure next September for the beginning of the 2012-13 school year. Following a thorough analysis of several reconfigurations, the model emerging as one of the favorites: Pre-K to 8 and an after-school programs at the current St. Joseph School site; Pre-K and an after-school program at current Holy Family site.

The letter states that a name has not yet been selected for the reconfigured school.

The letter is signed by Kevin Robertson, principal of Holy Family, and Karen Green, principal of St. Joseph School.

The reason for the merger, according to the letter, is driven a lot by the declining elementary school population in Genesee County.

The number dropped by 7 percent from 2000 to 2010, according to the letter.

"We need to meet the spiritual and pastoral needs of all of our parishioners," the letter says. "That requires a more equitable distribution of parish income."

Discussions among local leaders began in the early fall, according to the letter, which invites parents to provide feedback on various options for curricula and programs in the reconfigured school.

Slow down, Speed Racer!

By Billie Owens

Not sure whether the following admonition heard on the scanner was pertaining to the most recent cop call in the city -- to check out a three-car property-damage accident on Ellicott Street by Pauly's Pizza -- or just some sound advice from someone who sounds like he's-been-there-done-that:

"Slow down, Speed Racer! ... I'm not gonna bail you out."

In rainy weather, the advice is "so much the better," n'est pas?

Sick or injured fox on Adams Street put down by police officer over the weekend

By Howard B. Owens

Residents in the area of Adams Street, Batavia, complained over the weekend about a fox that would not leave the area.

A Batavia police officer investigated and found a fox that appeared to be suffering from an injury or illness lying near the side of the road.

The Department of Environmental Conservation was contacted. The DEC advised, according to Batavia PD Chief Randy Baker, that the fox be destroyed.

The animal was killed and taken to DPW for disposal.

The nature of its injury or illness is unknown.

Law and Order: Man arrested on warrant for allegedly breaking victim's nose

By Howard B. Owens

Robert L. Williams, 21, of 112 State St., Batavia, is charged with assault, 3rd, and disorderly conduct. Williams was arrested on a warrant. He is accused of punching another person onOct. 22, which resulted in the alleged victim suffering a fractured nose. Williams was jailed on $1,000 bail.

Tanyka N. Blanding, 33, of 7 Madera Drive, Rochester, is charged with DWI and criminal possession of a weapon, 4th. Blanding was arrested by Le Roy Police in the early morning on Sunday. Blanding was stopped after the car she was driving allegedly almost collided with a police car on Lake Street. At the time of her stop, she was allegedly found in possession of brass knuckles. Blanding was jailed on $2,000 bail.

Dustin J. Good, 24, of 2937 Merle Road, Attica, is charged with criminal possession of a controlled substance, operating a motor vehicle while impaired by drugs, aggravated unlicensed operation, 3rd, and possession of a hypodermic instrument. Good was stopped at 11:12 p.m., Friday, on North Lyon Street, Batavia, by Officer Matthew Fleming.

Kenneth M. Gray Jr., 24, of 77 Myrtle St., is charged with leaving the scene of a property damage accident, failure to keep right, operating in violation of restriction and inadequate tires. Gray is accused of hitting a street sign and a parked car on Hutchins Street near Ellicott Street. Gray was stopped some time later on South Main Street by Officer Darryle Streeter. Gray was arrested without incident. The investigation was handled by Officer Jason Ivison.

Jeffrey Matthew Kaczmarek, 42, of Alleghany Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater, felony aggravated unlicensed operation, 1st, driving left of pavement markings in no-passing zone and violation of conditional license. Kaczmarek was stopped at 11:23 p.m., Saturday, on Attica Road by Deputy Jason Saile.

Steven Michael John Kaczmarek, 25, of Gilhooly Road, Alexander, is charged with DWI and driving with a BAC of .08 or greater. Kaczmarek was arrested at 4:03 a.m., Friday, after deputies were called to an address on Gilhooly Road to investigate the report of a domestic incident. 

William Thomas Foley, 19, of Main Road, Stafford, and Kristian Nicole Elderbroom, 19, of Marlton Circle, Liverpool, are both charged with unlawfully dealing with a child, 1st. Foley and Elderbroom are accused of hosting an underage drinking party Nov. 13 at a location on Main Road in Stafford.

Ryan D. Wilson, 19, of Alexander Road, Attica, and Jay W. Schafer, 19, of Broadway Road, Darien, are charged with harassment, 2nd. Wilson and Schafer are accused of punching another person while at College Village at 2:42 a.m., Sunday.

Jesse Lee Harner, 25, of Country Route 41, Friendship, is charged with violation of a child-support order. Harner was turned over to the Sheriff's Office after being arrested by Cuba Police officers on a warrant out of family court.

Jered Michael Brown, 23, of North Baxter Street, Sutton, W. Va., is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Brown was stopped at 1:57 a.m., Friday, on Route 5 in Pembroke by Deputy Kevin McCarthy.

Mercedes Anne Marchese, 20, of Indian Falls Road, Corfu, is charged with false written statement. Marchese is accused of making a false written statement to the Sheriff's Office on Nov. 6.

Dajuandrick A. Gardner, 16, of Byron Holley Road, Byron, is charged with criminal obstruction of breathing and endangering the welfare of a child. Gardner is accused of choking a 15-year-old boy in the Town of Bergen at 7:40 a.m., Oct. 3.

Car engine fire reported on Harloff Road, Batavia

By Howard B. Owens

A car engine is reportedly fully engulfed in flames on Harloff Road near Area 51 in Batavia.

East Pembroke Fire Department is responding.

UPDATE 9:03 a.m.: Car is fully involved. Town of Batavia Fire Department requested for mutual aid.

UPDATE 9:04 a.m.: Town of Batavia can stand down.

Street fight on State Street

By Billie Owens

Six juveniles are reportedly fighting in front of 126 State St. in the City of Batavia. Police are responding.

Two runners from Genesee County capture state titles in cross-country

By Howard B. Owens

Updated Sunday, 11:02 a.m.

Liz Valento, Pavilion, and Jeffrey Antolos, Notre Dame, were given a big welcome home tonight at Route 20 and Route 19, Pavilion, as they returned from the state cross-country championship.

Liz and Jeffrey won their respective races to claim state titles in Verona on Saturday.

Friends, family and volunteer firefighters turned out to greet them and the Pavilion Volunteer Fire Department escorted them down the remainder of Route 19 to Pavilion.

Prints of these three photos can be purchased by clicking here.

Andrew Fisher, left, Notre Dame; Liz Valento, Pavilion; Jeffery Antolos, Notre Dame; Ethan Richardson, Pavilion.

Photos and captions below submitted by Bare Antolos.

ND's Jeffrey Antolos entered the Vernon-Verona-Sherrill HS football stadium for the final 150 yards of the Class D State Championship race about a half step behind Eldred HS's Alex Campenalla. But as they sprinted to the finish, Jeffrey was able to pass and hold off his opponent to win the first-ever Individual State Championship for Notre Dame HS! Jeffrey's 1.5-second victory was the narrowest margin of the four Boys' State Championship races of the day.

After battling with many runners who pushed her to stay in the lead over the first two miles of the championship race, Liz was able to pull away and win by a 24-second margin to win Pavilion's first-ever individual state championship.

Rain and snow on Friday, combined with seven earlier races, turned many sections of the course into a muddy mess that challenged the girls to maintain their footing and keep up their speed to finish a memorable day in Verona.

More pictures and information after the jump (click on the headline above to see the others).

Notre Dame ninth-grader Anna Warner finishes at the Class D State Championship in 22:13 good for a 13th-place finish.

Notre Dame senior Andrew Fischer leads Pavilion's Ethan Richardson during the Class D State Championship race in Verona. Fischer finished 29th with a time of 19:07; Richardson finished 36th in 19:25.

Batavia's Colin Mulcahy competes in the Class B State Championship race. He finished 75th in 18:44.

Notre Dame junior Jeffrey Antolos and Pavilion senior Elizabeth Valento show they're number one after both became the first athletes at their respective high schools to ever win individual state championships.

Photo: Dedication of Veterans' Quilt at Holland Land Office Museum

By Howard B. Owens

A couple of years ago Jay Lazarony and his family were touring the Holland Land Office Museum and came across a display of quilts and learned about HLOM's quilt group. They came up with the idea of a quilt honoring veterans with ties to Genesee County.

Today at the museum, that quilt was dedicated.

There are currently 211 names on the quilt and 58 more will be added.

Names were included based on the requests of family members of veterans and patches were filled on a first-come-first-served basis, Lazarony said.

"We thought this was a good way to honor those who served and sacrificed," Lazarony said.

Hydrant testing schedule Monday and Tuesday in the city

By Howard B. Owens

Notice from the City of Batavia Fire Department:

The City of Batavia Fire Department will be conducting hydrant maintenance flow testing on Monday and Tuesday, Nov. 14 and 15 in the southwest  quadrant of the city.

This area includes Franklin, West Main, South Main, South Lyon, Orleans, Madison, Adams, River, Meadowcrest, Pearl, Walnut, Law, Chestnut, Jackson, Maple and Court streets.

Water in these areas may become discolored during the testing. If your water appears to be affected, run water in a bath tub or outside hose outlet until it clears. Refrain from doing any laundry until your water clears.

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