batavia

Lots of manure on the roadway has created a dangerous condition on Creek Road down to East Road in the area of Baskin Farm, Town of Batavia. Dispatch has received multiple calls on this. Sheriff's deputies are responding.

Shawn Michael Walburn, 45, of East Main Street Road, Le Roy, is charged with: DWI; driving while ability impaired with alcohol; driving without a vehicle inspection; and speeding. Walburn was stopped at 3:07 a.m. Sunday on Main Road, Stafford, by Deputy Andrew Mullen.

Ryan Brent Callison, 41, of 14th Street, Zimmerman, Minn., is charged with: DWI; driving with a BAC of .08 or greater;and failure to yield right of way. Callison was stopped at 9:39 p.m. Monday on Main Street Road, Batavia, by Deputy Howard Wilson.

Karen M. Gath, 57, of Rochester, is charged with conspiracy, 6th, and petit larceny. Gath was arrested by State Police and ordered held on bail for an incident in the Town of Batavia. No further details released.

Jacob R. Lorek, 24, of Rochester, is charged with two counts of unlawful possession of marijuana and speeding. Lorek was stopped by State Police at 6:04 p.m. Thursday on Route 19, Bergen.

Stevie R. Marshall-Carter, 20, of Rochester, is charged with unlawful possession of marijuana. Marshall-Carter was stopped on Route 33, Bergen, by State Police.

Dale J. Wissinger, 38, of Oakfield, is charged with assault; 3rd; and criminal mischief. Wissinger was arrested by State Police on charges related to an incident reported at 1:47 a.m. Saturday and ordered held on bail. No further details released.

Press release:

O-AT-KA Milk Products, of Batavia, is proud to announce the completion of its recent 20,000- square-foot building expansion. The walls are up and the equipment is installed, but the most important piece – the people – is the final stage of the project.

The expansion, nicknamed Project Gator, is the third of its kind in the past six years and will boost O-AT-KA’s current workforce of 440 employees, as promised during the planning phase. Support from local municipalities, the Genesee County Economic Development Center and Empire State Development made the expansion a reality.

“I am so pleased to see a great hometown company like O-AT-KA continue to grow, thrive and add 40 new jobs to be filled by local residents," said Assemblyman Steve Hawley (R,C,I-Batavia). "Our area is primed for growth and it makes us a stronger community to witness a commitment like this from a great homegrown company like O-AT-KA.

"New York’s agricultural industry is one of the best in the country and that is a testament to the dedicated and innovative farmers and dairy producers we have right here in Western New York. I wish O-AT-KA the best of luck and success moving forward.”

The expansion has significantly expanded O-AT-KA’s beverage capabilities and ability to meet growing customer demand. Production and packaging lines are currently undergoing thorough quality testing before full production starts early this fall.

“The work we do matters," said CEO Bill Schreiber. "We partner with our customers to create unique products while adding value to local milk. The ongoing efforts of our team have resulted in sustained growth and investment for the business, while supporting our dairy farmer owners and creating a rewarding work environment for our employees.

"New employees have an immediate opportunity to succeed and learn new skills. They also have the opportunity to grow as individuals and be part of a winning team.”

Hiring has begun, with the intention to fill 40 additional jobs immediately.

"We’ve grown by more than 150 team members since 2015. We plan to hire and train an additional 40 individuals," said Donna Maxwell, VP of Human Resources. “The work we do here serves our farmer-owners and supports local agriculture. We’re looking for people with a farmer’s work ethic; people who take pride in their work.

"As a premier employer in Western New York, we offer an outstanding compensation and benefits package along with the opportunity for career growth for those who desire it. Our Pay for Skill program allows employees who learn more to earn more. In fact, many of our employees – about 40 percent – commute from outside Genesee County because the employment package O-AT-KA has to offer -- pay, benefits and career opportunity -- just can’t be beat.”

Todd A. Gailie Jr., 27, of Myrtle Street, Le Roy was arrested on Sept. 7th by the Le Roy Police Department for petit larceny and obstructing governmental administration in the second degree, Class A misdemeanors. Le Roy Police Department responded to a business on Lake Street in the Village after receiving a complaint of a male allegedly leaving a restaurant without paying for food and drinks that he consumed. Upon arrival, the patrols located Gailie on the railroad tracks in the area and when the patrol confronted Gailie, he allegedly ran from officers. After a brief foot chase Gailie was taken into custody. Gailie was arraigned and put in Genesee County Jail in lieu of $1,500 cash or $3,000 bond. Gailie is to return to Le Roy Town Court on Sept. 20th.

Roy A. Watson Jr., 29, of Porter Avenue, Batavia, is charged with having two unlicensed dogs. He was arrested at 9:35 a.m. on Sept. 4 at 24 Porter Ave. following an investigation into a complaint that his dogs were unlicensed. He was issued an appearance ticket for City Court and is due there Sept. 18. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer James Sheflin.

Marissa Eve Michaels-Connors, 26, of LaSalle Avenue, Buffalo, is charged with: first-degree aggravated unlicensed operation of a motor vehicle; DWI, first; operating a vehicle while using a cell phone; refusal to take breath test; and moving from lane unsafely. She was arrested at 5:09 p.m. on Sept. 9 on Vallance Road in Le Roy after a one-vehicle accident in which her vehicle struck a guard rail. It is alleged that she was driving while intoxicated and that she drove while her license was suspended for alcohol-related circumstances. She was jailed in lieu of $1,500 cash or $3,000 bond. The case was handled by Genesee County Sheriff's Deputy Howard Wilson.

Matthew Vincent Pragel, 23, of Forest Hill Drive, Williamsville, is charged with: operating a motor vehicle while impaired by drugs; driving while ability impaired -- combined influence of drugs; unlawful possession of marijuana; and moving from lane unsafely. At 10:30 p.m. on Sept. 4 on Bloomingdale Road in the Tonawanda Indian Reservation, Pragel was arrested after an investigation of a single-vehicle accident. He is to appear in Alabama Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Adam Robyn Chaddock, 31, of Virginia Manor Road, Rochester, is charged with: DWI; DWI with a BAC of .08 percent or higher; failure to keep right. Chaddock was arrested at 10:46 p.m. on Sept. 9 on Clinton Street Road in Stafford following a traffic stop. He was issued an appearance ticket and is due in Stafford Town Court on Oct. 19. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Mullen.

Giancarlo A. Miranda, 20, of West Saile Drive, Batavia, is charged with possession of a dangerous weapon on county property. At 2:32 p.m. on Sept. 4, Miranda was arrested for allegedly possessing a knife while entering the Genesee County Probation Building. He was issued an appearance ticket for City Court and is due there Sept. 11. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Chad Richards.

Ian Kyle Leblanc Chatt, 33, of Hart Street, Batavia, is charged with: petit larceny; criminal possession of a controlled substance in the seventh degree; criminal possession of a hypodermic instrument; criminal use of drug paraphernalia; and sixth-degree conspiracy. Le Blanc Chatt was arrested at 1:59 p.m. on Sept. 7 following a larceny complaint at Walmart in Batavia. It is alleged that he walked past the point of sale with an 18-ounce can of Rain X. He was arrested and released with an appearance ticket for Town of Batavia Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Andrew Hale, assisted by Deputy Lonnie Nati.

Brandon James March, 33, of South Main Street, Batavia, is charged with: criminal possession of a controlled substance in the seventh degree; possession of a hypodermic instrument; criminal use of drug paraphernalia; and sixth-degree conspiracy. March was arrested at 1:59 p.m. on Sept. 7 following a larceny complaint at Walmart in Batavia. March allegedly conspired with another person to steal property and was found in possession of a controlled substance and drug paraphernalia. He was arrested and released with an appearance ticket for Town of Batavia Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Andrew Hale.

The police surveillance video of Central Avenue, Batavia, the night of May 17, when Nathaniel D. Wilson Jr., murdered Terry J. Toote with a knife, shows that Wilson was a threat to harm other people in the area, according to an attorney for Jennifer K. Urvizu-Hanlon.

Urvizu-Hanlon, former owner of La Mexicana store on East Main Street, is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd. She is accused of giving a handgun, which she was permitted to carry, to Samuel R. Blackshear, a 17-year-old who is accused of shooting Wilson.

"This individual was trying to keep the other individual from stabbing other people, which I believe is legally justifiable," said attorney Christian Kennedy.

Today's County Court appearance for Urvizu-Hanlon was a hearing related to motions filed by both the defense and the prosecution with arguments for further hearings in the case.

Kennedy revealed his theory of the case while arguing that the prosecution needs to turn over to him a list of witnesses along with any statements they made to police and reports generated from witness statements.

Under the rules of evidence, the defense isn't automatically entitled to this material. There are rules regarding "discovery," or evidence the people must turn over, and then what is known as "Brady material" (the name comes from a precedent-setting case dealing with evidence). Brady materials are statements and reports that the defense believes may contain information that would support a defendant's claim of innocence. 

Kennedy argued that given the number of witnesses, the statements he believes the police collected (there's no information available to indicate such statements were obtained) would almost certainly contain contradictory views of events, which then would almost certainly be Brady material. And if all the statements agree, he said, that might indicate the police relied on a single witness statement, which under the circumstances, could be used by the defense to demonstrate a problem with the investigation.

Either way, Kennedy argued, it's Brady material.

Judge Charles Zambito pressed him for more definitive information that would indicate Kennedy knew there was information in the material favorable to his client, and Kennedy said he couldn't know that without seeing the material but that in Monroe County the material is always provided to the defense for the reasons he outlined.

Zambito said he would review the material to determine if it contains information favorable to the defense and turn it over if necessary.

During the discussion in court today, it was suggested that Urvizu-Hanlon had said to Kennedy that she gave the gun to Blackshear to protect others. Kennedy corrected the statement, saying that he hadn't indicated one way or the other what his client may have said to him. He was stating, he said, that the video itself indicated Wilson was threatening others at the scene.

He said while the video clearly shows events on Central Avenue that night, it is too grainy to help the defense identify witnesses.

Blackshear is charged with: attempted murder, 2nd; attempted assault, 1st; assault, 2nd; and two counts of criminal possession of a weapon, 2nd.

Urvizu-Hanlon, 48, apparently made statements to police after being read her Miranda warnings. A hearing on whether the proper procedures were followed by police will be held at 3 p.m., Oct. 19.

He's also seeking a probable cause hearing, arguing his client was arrested May 18 without a warrant, so he wants to probe whether police had at that point probable cause to take her into custody. Zambito is reviewing that request.

The 31-year-old Wilson entered a guilty plea to murder in the second degree Aug 20. 

At his plea hearing, District Attorney Lawerence Friedman cited witness statements indicating Wilson approached the scene making statements that indicated he intended to "kill everybody." He then attacked Toote.

Several people then jumped on Wilson and Wilson continued to fight with them.

Wilson entered his guilty plea on an Alford basis, which means he didn't admit to facts of the case, only that he would likely be found guilty if the case went to trial, so he was, therefore, accepting a plea deal more favorable than what he might receive if found guilty by a jury.

He faces a possible prison term of 20 years to life.

A car has reportedly struck a utility pole at 19 Walnut St., Batavia.

Injuries are reported. Two patients, one with a head and arm injury and the other possible minor injuries.

City fire and Mercy EMS dispatched.

The YNGodess Shop in Batavia today hosted a fundraiser to benefit the family of Michael A. Tenebruso, who succumbed to cancer Aug. 31.

The fundraiser included a chicken BBQ sale and a basket raffle.

Above, Amy Kelsey and Chris Crocker, owner of YNGodess, prepare a pair of chicken dinners.

Flamenco guitarist Dan King provided entertainment. King was born and raised in Batavia and currently lives in Rochester. He just released his first album, available on Spotify and Apple Music.

The Genesee Rugby Club opened its home schedule Saturday with a match against the Binghampton Barbarians at the Batavia Sports Park.

The local club won 17-5.

Their next home game is at 1 p.m., Saturday, Oct. 13, at the Batavia Sports Park.

Pawtucket, R.I., doesn't look like a good bet for a future home of the Batavia Muckdogs franchise according to a report in the Providence Journal.

A PawSox spokesperson said Thursday the organization has no current plans to acquire any other baseball franchises and move them to the city as a sort of parting gift. Franchise Chairman Larry Lucchino and President Charles Steinberg are focused on building a 10,000-seat stadium in Worcester’s Canal District and redeveloping the surrounding area. 

The Pawtucket mayor's office also told the Journal that no ownership group has contacted the city about using McCoy Stadium once it's vacant in 2021.

And if another owner wanted to bring a team into McCoy, they would face substantial renovation costs for the aging complex.

The cracking concrete and widespread leaking ceilings and floors are among the issues faced by any tenants, as the stadium wrapped up its 77th season of baseball earlier this week. Renovation costs would run into the millions of dollars, and the day-to-day costs of maintaining the playing surface and surrounding grounds run into the hundreds of thousands of dollars.

As previously reported by The Batavian, there would also be territorial agreements to overcome in Pawtucket, which is Red Sox territory. The Red Sox currently have an affiliate to Lowell and if the Muckdogs moved to Pawtucket, Lowell would have to move, putting the New York-Penn League in the same bind it has with Batavia -- where to locate the team that doesn't run afoul of territory restrictions and has a baseball-ready facility.

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Call Lynn Bezon at Reliant Real Estate today or click here for more information on this listing.

During his eight-year journalism career, Jim Krencik covered economic development in Orleans County and Genesee County, and has often happens with a lot of reporters, he took a keen interest in the topic he was covering.

A week ago, he left his job at the Batavia Daily News and went to work for the Genesee County Economic Development Center as the new director of marketing and communications. He replaces Rachael Tabelski, who is now director of the Batavia Development Corp.

"I started to cover the GCEDC and explaining the big projects and how deals come together, what's happening in our community, that was just really spurred an interest," Krencik said. "I've always been impressed by the work they do here. I think their vision is outstanding and I want to help that mission however I can in this role."

Krenick left the Daily News after five and a half years as a hard-working reporter covering local government, mostly, in Genesee County for a job that will pay him $47,000 a year, which is substantially more than a typical reporter makes at a small-circulation paper.

"It was just very interesting looking at the variety of sites that we have here in Genesee County," Krenick said. "It's interesting looking at the number of businesses that are coming in and thinking if I could do something to help, that's beneficial to the whole community. It is wonderful to not only to share that with the public, but to help the team make that happen; that is very attractive."

Dakota R. White, 20, of Central Avenue, Batavia, and Meghan B. Blodgett, 22, of Soccio Street, Batavia, were both arrested at 3:20 a.m. on Aug. 27 at Williams Park at 101 Pearl St. in the City of Batavia. Batavia police were called there for subjects in a physical altercation. After an investigation, the defendants were arrested for a Batavia Municipal Code violation -- In Park After Hours ( 10 p.m. to 7 a.m.). They were released with appearance tickets and were due in City Court on Aug. 28. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Arick Perkins.

Stefanie M. Lawlis, 35, of Central Avenue, Batavia, is charged with having a dog running at large, having an unlicensed dog and having an unvaccinated dog. She was arrested at 7:20 p.m. on Aug. 22 on Central Avenue in Batavia following an animal bite complaint. She was issued an appearance ticket for City Court and was due there Sept. 4. The case was handled by Batavia Police Officer Stephen Cronmiller.

David J. Barton, 54, of Ellicott Street, Batavia, is charged with forcible touching. At 5:15 p.m. on Aug. 28, Barton was arrested Batavia police following a complaint that Barton allegedly touched a female companion inappropriately with her consent. He was issued an appearance ticket and was due in City Court Sept. 4. The case was handled by Batavia Police Officer Arick Perkins.

Aaron L. Klein, 47, of Montclair Avenue, Batavia was arrested at 10:08 p.m. on Aug. 26 after a traffic stop on Monclair Avenue, where it was found the he was driving on a suspended license. It was also found that he was in violation of an ignition interlock device restriction and he allegedly had an open container of alcohol in the vehicle. He was issued tickets and is due in City Court on Sept. 12. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Dan Coffey.

Jeffery C. Rogers, 33, of Old Washington Pike, Knoxville, Tenn., was arrested at 7:56 p.m. on Aug. 25 on West Main Street Road in Batavia following an investigation into a possible hit-and-run accident. He is charged with DWI; aggravated DWI; aggravated unlicensed operation of a motor vehicle in the third degree; unlicensed operation of a motor vehicle; speeding; and unlawful possession of maijuana. He was jailed in lieu of $2,500 bail or bond and was due in City Court on Aug. 27. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Derek Elijah Wilcox, 30, of Congress Avenue, Rochester, is charged with seventh-degree criminal possession of  controlled substance. The arrest was made at 9:55 p.m. on Aug. 23 on Ellicott Street in Batavia following the investigation into a suspicious vehicle where Wilcox was allegedly found to possess crack cocaine. He was due in City Court Aug. 28 to answer the charge. The case was investigated by Batavia Police Officer Christopher Lindsay.

Noah Charles Stiles, 18, of Westcott Road, Medina, is charged with petit larceny. He was arrested at 5:30 p.m. on Aug. 27 on South Main Street in Batavia after it was determined he allegedly stole several items from a house. He was issued an appearance ticket and is due in City Court on Sept. 11. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Christopher Lindsay.

A 16-year-old male lives in the City of Batavia was arrested at 8:30 p.m. on Aug. 18 after he allegedly stole an iPhone was another person. The incident occurred on Lewis Place, Batavia. He was processed and released with a ticket to appear in City Court on Aug. 28. The case was handled by Batavia Police Officer Mitchell Cowen.

Bailey M. Burns, of Prospect Street, Attica, was arrested on a bench warrant on Aug. 23 after he failed to appear at the Genesee County Jail for his sentenced weekend incarceration. He was jailed in lieu of $2,000 bail or bond and was due back in City Court on Aug. 24. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

Bleyke Z. Culver, 22, of Walnut Street, Batavia, was arrested on Aug. 16 on a bench warrant out of City Court for failing to appear on a charge was second-degree criminal contempt. He was jailed in lieu of $1,500 bail or bond and is due in City Court on Sept. 13. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

A three-car collision, with unknown injuries, is reported at 220 Ellicott St. in the City of Batavia. It is blocking traffic. City fire and Mercy medics are responding.

Batavia Middle School invited parents to an open house Thursday evening, after the first day of school, for a chance to meet teachers and find out about their children's classes and expectations. 

There were also activities and food trucks for the families.

Above, Tricia Grillo, with her son Dom, meet with teacher Gigi Dombrowski about his eighth-grade math class.

Spanish teacher Julie Trzaska with eighth-grader Hailey Smith, her father Charles Richmond, and her brother Noah, who is in fifth grade.

Long-term sub Kayleigh Meyers in the ELA class with the four books eighth-graders will read this year: "Inside Out and Back Again," "To Kill a Mockingbird," "Omnivore's Dilemma," and "Unbroken."

Press release:

The Genesee Gateway Local Development Corporation (GGLDC) today approved a loan for Rest & Revival Float Center LLC’s renovation of a City of Batavia facility.

The startup company will be the first health and wellness center in Batavia and Genesee County to provide floatation therapy services.

The renovation includes the purchase of new machinery and equipment. The project has a capital investment of $355,000 and will retain two jobs and create three new jobs.

The company will receive a $100,000 loan from the Genesee Gateway Local Development Corporation’s Revolving Loan Fund.

Rest & Revive will provide floatation therapy and retail sales of floatation sleep therapy systems.

“Businesses are developing new ideas to grow with our economy,” said GGLDC Board Chairman Tom Felton. “The Revolving Loan Fund offers assistance to create more opportunities for companies and our community.”

It still remains likely that the Muckdogs will be back in Batavia for the 2019 season but General Manager Dave Chase said today he won't be back.

"It was a one-year deal," Chase said. "I finished that year. Ben and I have talked about me continuing as a consultant for some period of time but I don’t think I’ll be here next season."

Chase has lived at the Quality Inn & Suites this summer but at one point thought about renting an apartment downtown with the idea of staying longer but decided against it.

"I will admit I go back and forth," Chase said. "There are parts of Batavia that I really like but I did it for a year and that’s what I wanted to do and it was a difficult year, professionally and personally."

Chase said he has had medical issues doing the year that made things more difficult.

"The reality is this is my third city in four years," Chase said. "I’ve sort of developed a reputation of going into troubled markets and none of them have failed yet so I might have one or two more years of that lifestyle left in me."

He thinks he will leave Batavia in good shape but the day the Muckdogs leave Batavia is still close at hand. It gives the team two or three more years before moving.

"That's still better than it was a year ago," he said.

At the start of the season, associates of one of baseball's top executives, Larry Lucchino, former president and CEO of the Boston Red Sox and co-owner of the AAA team in Pawtucket, inquired about the Batavia franchise, Chase said.

The scenario discussed at that time involved the Muckdogs either moving to Pawtucket or Worcester. 

There have been no further discussions since but it's been announced that the Pawtucket franchise will move to Worcester, where a new stadium is being built.

The problem with any such move is that the Red Sox have territorial rights over the area and currently, the NYPL team in that market is Lowell, a Red Sox affiliate. For the Muckdogs to move to Pawtucket, the team would need to become the NYPL Red Sox affiliate and the Lowell franchise would have to move to another city.

One reason the Muckdogs haven't moved yet is there appears to be no city in the Northeast that has the facility and market availability to accommodate a short season Class A team, so if Lowell had to move the league would face the same difficulty in trying to relocate that team.

The earliest, apparently, any of this can happen, is 2021.

Meanwhile, the affiliate agreement between Batavia (which has not gone bankrupt, contrary to a story in the Lowell Sun), and the Marlins is up for renewal. The renewal is expected to take place by the end of the month. The length of any such agreement could complicate a move by Batavia to New England.

Chase is confident the Marlins will return to Batavia in 2019. He said when the team packed up after the last game, they left a lot of equipment behind.

"That seems to indicate a desire to come back," Chase said.

The County and City have reached a new 40-year agreement to share the distribution of local sales tax, pending approvals by the NYS Comptroller's Office, the County Legislature and the City Council.

The agreement establishes a formula for sharing from 14 to 16 percent of local sales tax with the city.

The towns and villages in the county will be bound by the agreement but do not get a vote on the plan.

County Manager Jay Gsell said the other municipalities will receive a share calculated similar to the city's share but based on what they receive in 2018.

If approved, the new agreement takes effect Jan. 1.

Currently, the county collects a 4-percent sales tax. That would continue under this agreement. The state collects 4 percent, making the local sales tax 8 percent.

The Batavia City Council will be asked to vote on the new agreement at Monday's meeting. The Count Legislature will vote next Monday.

Gsell said he expects to hear by tomorrow if the attorneys in the Comptroller's Office will recommend approval to their boss, Tom DiNapoli. Gsell said if the attorneys recommend approval, DiNapoli will likely approve the agreement.

The City and County have been negotiating the new agreement for more than a year. A committee that included city and county staff leadership and elected officials from both bodies participated in the discussions.

While towns and villages don't get to participate directly in the agreement, the City and County need to work out a deal because, under state law, the City has the ability to levy its own sales tax.

As part of the agreement, the City agrees not to institute its own sales tax.