batavia

A vehicle is on its side after striking a fire hydrant in the area of 4524 Batavia Elba Townline Road, Batavia.

No injuries reported.

Town of Batavia Fire Department dispatched.

While many Americans are worried about higher broadband costs or diminished service following the repeal by the FCC of "Net Neutrality" rules, customers of Empire Access can continue to count on unmetered, unthrottled, unlimited data, Bob VanDelinder, director of marketing for the company, told The Batavian today.

"The changes in net neutrality, we don't feel, will affect Empire Access because we still plan to keep the Internet open for our customers," VanDelinder said. "We will continue to offer unlimited data without content blocking, no throttling, and no paid prioritization. The customers on Empire Access should not see any changes."

Last week, the Federal Communications Commission overturned a 2014 rule known as Title II that prohibited Internet service providers from having tiered pricing plans, so-called "net neutrality."

The change has caused customers of Empire Access to call the company and express concern that their service will be changed and VanDelinder said they're all assured that there will be no changes. Soon the company will embark on a social media campaign to help spread that message. Customers will also receive an assurance of the company's commitment to unmetered service with the bills that will be mailed Jan. 1.

Proponents of net neutrality say the repeal of the law will mean restricted, or slower, bandwidth for customers or content providers who don't pony up extra cash.

Opponents of net neutrality say that Title II inhibits innovation and is holding back companies from making the investments necessary to provide faster broadband to more customers.

The idea of ISPs trying to squeeze more money from content providers is not without precedent. Prior to the 2014 rules, Comcast sought fees from Netflix and tacked on an extra charge for customers who streamed more Netflix shows and movies.

Empire Access doesn't know what its competitors might do following the rule change, VanDelinder said, but as far as Empire Access is concerned, nothing has changed.

"It's somewhat early yet to know what is going to take place with our competitors but as far as our stance on the ruling, it's our feeling that our customers come first," VanDelinder said. "We will continue to provide open access to our customers."

Over the past several years, Empire Access has been expanding throughout the Southern Tier and Western New York. It's an expansion plan that started before Title II was enacted, continued through the Title II era, and will continue going forward, VanDelinder said. Whether there is net neutrality or not, it doesn't slow down Empire Access's plan for expansion and innovation.

"We're a family-owned company," VanDelinder said. "We're a local company. What is best for the customer is really what we're striving to achieve to provide the best services."

Being a family-owned business has its advantages over larger competitors, such as Comcast, VanDelinder noted. 

While Comcast sought more money to stream Netflix, it wasn't taking the same approach with Hulu, which is owned in part by Comcast.

"Our business is providing Internet, phone, television, and security services," VanDelinder said. "We don't necessarily have these conflicts like some of our competitors do."

Since Empire Access came to Batavia and Le Roy, local customers are in a unique position of having options. Nearly 60 percent of households in America have only one company to call for broadband service.  

"One of the great things about operating in the towns, villages, and cities where we provide service is that we create competition," VanDelinder said. "Competition is good for the consumers."

     Louis Mercado     Richard Barber   Derrick Washington

Three Batavia residents were taken into custody in Wyoming County for allegedly selling drugs in Warsaw and Attica following an investigation Drug Task Force as part of "Operation Frosty."

Richard Barber, 47, of Garfield Avenue, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. He is accused of selling methamphetamine in August in the Town of Warsaw. He was jailed on $25,000 bail.

Derrick Washington, 45, of State Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance with the intent to sell. Washington is accused of selling crack cocaine on two occasions in the Village of Attica. He was jailed on $5,000 bail.

Louis Mercado, 29, of Dellinger Avenue, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. He is accused of selling crack cocaine on two occasions in the Village of Attica. Mercado was jailed on $10,000 bail.

Also arrested as part of "Operation Frosty" was Javier Alvarez, 38, of Hopkins Street, Mount Morris. He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. He is accused of selling heroin and a heroin-fentanyl mix in the Village of Perry.

 Korin Leonard, 21, of Freedom Road, Freedom, is charged with criminal sale of a controlled substance, 3rd and 5th, and criminal possession of a controlled substance, 3rd and 5th. He is accused of selling methamphetamine and cocaine on two occasions in the Village of Arcade.

Ranen Houston, 24, of Lake Avenue, Rochester, is charged with 11 counts of perjury in the first degree for allegedly lying to the Wyoming County Grand Jury on a drug-related investigation in the Town of Warsaw. 

“These arrests were pursuant Wyoming County Court arrest warrants following Indictments and the involvement of District Attorney Donald O’Geen’s Office," said Wyoming County Sheriff Greg Rudolph.

"The Wyoming County Drug Task Force is committed to doing our part in the midst of this drug epidemic, which includes a strong stance on enforcement and honing our investigations on the dealers who gain off of others' addictions.

"The various locations of these crimes are indicative of the scope of the problem here in Wyoming County. The Wyoming County Drug Task Force is additionally wrapping up investigations on several other drug dealers and more arrests are expected in January."

Students in Stephanie Clark's first-grade class at Oakfield-Alabama Elementary School visited Batavia PD last night to drop off Christmas presents to thank the police officers for their service to the community.

The presents were sponsored by the Buffalo Bills as part of the team's Classroom Champions program.

The program pairs up Buffalo Bills players with classes of schoolchildren throughout WNY. The mentors for Clark's class this year have been Colton Schmidt and Preston Brown. Throughout the year, Schmidt and Brown had sent monthly lessons for the students to complete. On Tuesday, the students got to travel to Buffalo to meet the players.

At GO ART! on Thursday night, there was both a cooking class and an art show opening.

Joseph Rojo, above, provided a demonstration of Asian fusion cooking. Below, Kimberly Perl and Marie Scofield get to participate in creating a chicken adobo.

For the art show below, Judy Wenrich poses with her painting, "My 3 Pets." Look closely and you'll find three ferrets. The show features work by GO ART! members on the theme of "Juxtaposition."

GO ART! also has an art sale in the main gallery featuring both current member works and works from the archives.

Happy Hour at T.F. Brown's on Thursday evening was a fundraiser and toy drive for the T.F. Brown's/Lion's Club annual Christmas Day Community Dinner.

It featured an ugly sweater contest.

Top photo: Colleen Larson and Scott Dorchak sharing a single sweater. Below, Susie Ott; and Joe Teresi, Theresa Lane, and T.F. Brown's owner Rick Mancuso with some of the toys donated.

The dinner is open to all members of the community who would like to attend. For reservations, call Barb TODAY at (585) 345-1000. Barb will need to know how many people are attending, and if children are attending, their names and ages.

Nicholas Stankevich, candidate for the NY-27 congressional district, hosted an open house Thursday night to announce the opening of his campaign office at 56 Harvester Ave., in the Harvester Center.

Don't waste a fancy ribbon when all they want are ribs! Buy $30 in gift cards and get a FREE rack of heat-and-eat ribs! Click here to print coupon.

      Charles Williams

A convicted drug dealer failed to show up for his sentencing and has refused to turn himself in, according to Batavia PD.

An arrest warrant has been issued for 38-year-old Charles "Gusto" Williams, who was living on South Spruce Street, Batavia, at the time of his arrest in April.

Police are seeking the public's assistance in locating Williams.

He was convicted of criminal sale of a controlled substance, 3rd, and criminal contempt, 1st.

Williams allegedly violated an order of protection while out of jail awaiting sentencing.

Police say if you see Williams or know of his whereabouts, do not approach him; rather, call 9-1-1.

Using a detection device to identify students who might have been drinking at high school dances is nothing new, said Batavia City Schools Superintendent Chris Dailey, and previous uses have gotten no pushback from students or parents.

Yesterday, The Batavian published a picture of Batavia High School receiving two new wand-like devices that act as breathalyzers to help school officials identify students who may have been drinking prior to arrival at a school dance or other social function where they might be used. The publication of the picture raised a lot of questions among readers about the legality and ethics of such devices.

Dailey said the district's first priority is the safety of the students.

"Ninety-nine point nine percent of our kids don't generally show up under the influence, so it's rather a moot point to them," Dailey said. "They're not thinking we're trying to take away their rights and we're not trying to take away their rights. We're trying to provide a safe environment for all. It's all about safety for us."

All of the complaints that surfaced after yesterday's picture publication surfaced online, Dailey said. There have been no calls to the district office and he met with high school officials today and there was no mention of complaints at the high school.

The wands donated to the school by STOP-DWI and local law enforcement are not at all invasive, Dailey said, unlike the previous alcohol sensor used by the school, which was only used if a student was suspected of drinking. The wands, Dailey said, can detect a potential use of alcohol by a person in a group of people.

"Alcohol consumption by students is something that is illegal and is not tolerated," Dailey said. "We want to make sure we provide the safest possible environment for all of our students."

That's critical, Dailey said, when you have 200 to 300 students coming together for an event.

If a student is found under the influence of alcohol at a school event, the first step, Dailey said, is to make sure the student is safe. Next, school officials call the teenager's parents.

"We reach out to the parents," Dailey said. "(the student) is not allowed to leave if under impairment and we will work with the parent so the child will learn from the mistake."

There isn't necessarily disciplinary action taken against the student.

"(It) depends on the situation," Dailey said.

As for whether the sensors violate students' rights, Dailey said, any student or parent who might be concerned about it are free to not attend the school function.

"If people choose not to come to the dance because of it, that's their choice, absolutely," Dailey said.

Today was the Holiday Give Back Day for students at Batavia Middle School who traveled throughout the community visiting more than a dozen organizations and businesses to thank them for their support of BMS and education.

Two of the visits were to Batavia PD and the Genesee County Sheriff's Office.

The students presented a bag of gifts and cards made by the students.

Members of the Kiwanis Club of Batavia have prepared gift bags filled with all the ingredients of a holiday meal to help feed 85 local families for Christmas and those selected families will receive their bags, gifts and a visit with Santa tonight.

The families were selected by the Salvation Army, through the United Way Backpack Program, and through the city's elementary schools, including St. Joe's.

      Lamar Randall

Lamar I. "L-Boog" Randall, 32, of Walnut Place, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal sale of a controlled substance, 3rd.

Randall is accused of selling a quantity of crack cocaine to an agent of the Local Drug Task Force on two occasions within the past four months.

Task Force members located Randall walking on Washington Avenue, Batavia, and took him into custody.

His arrest is the result of an investigation into the sale, transportation, and possession of crack cocaine in and around the City of Batavia.

Randall was jailed without bail.

The District Attorney's Office assisted in the investigation.

Denise Marie Busiere, 32, of Townline Road, Byron, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance, 7th, failed to stop for stop sign, and driving with obstructed view. Busiere was stopped at 6:26 p.m. Monday on Lake Avenue, Bergen, by Deputy Ryan DeLong.

Olivia Maria Lyons, 24, of Sokol Drive, Attica, is charged with petit larceny. Lyons is accused of shoplifting from the Dollar General in Oakfield.

John G. Kindig, 59, of Batavia, is charged with driving while impaired by drugs, and stopping or standing on a roadway. Kindig was stopped by State Police at 8:50 a.m. Monday on Veterans Memorial Drive. No further details released.

Today Batavia PD, the Sheriff's Office, and the STOP presented Batavia High School with two breathalyzers that school officials can use at school dances and similiar social functions to see if any students had a drink prior to arriving at the event.

Pictured are Matt Landers, STOP-DWI, Anita Strollo, a counselor career center coordinator at the school, Interim Principal Dennis Kenney, Chief Shawn Heubusch, and Sheriff William Sheron.

Kenney said the devices will be used to test every student entering such events, no exceptions, so everybody is treated equally. 

Carmen Del Plato has shared with us another Christmas song written by his mother Mary Del Plato. It was performed and recorded by Anthony Del Plato.

The first year that seniors at Batavia High School could paint personalized parking spaces was a big success, representatives of the Class of 2018 told school board members at Tuesday's meeting.

They recommended the board approve the same project for the class of 2019.

Not only were there no problems, the project raised $795 for the senior class.

“That’s probably one of the easiest fundraisers ever,” said Senior Mikey Lullo.

There were 35 spaces painted and 19 spots reserved by students.

Several faculty members wanted to get in on the act, offering as much as $200 to have their parking spaces painted by a student, but since that wasn't part of the agreement the senior class had with the board, the class declined to sell those services.

Mikey said that was one of several recommendations this year's class had for the Board of Education.

First, the biggest recommendation was that the Class of 2019 be allowed to move forward with the same program.

The students also recommended that seniors be given a whole week to get their spots painted. Two days isn't enough time when students have sports activities starting up that time of year, family vacations wrapping up, and jobs. Some students found it hard to fit in painting on just a Thursday and Friday. That meant some of them painted over the weekend, which technically was against the rules, but Lullo said the board should consider that there were no problems as a result and all of the students (many accompanied by parents) were respectful.

The few problems encountered by the students were minor, the students said. Lauren Leone said one time some garbage got left behind but other students took care of it right away. There was also an incident after the first snowfall where one student parked in another student's spot, but that was quickly resolved. Nobody purposefully caused a problem with another student over parking.

The project was also successful, Mickey said, because it helped raise senior class spirit.

"It was so great," she said. "Even though I didn’t paint a parking spot, I was just there helping other people, and it was so relaxing, just getting to paint and be with each other before senior year started."

Photo: Amand Patel, Lauren Leone, Mikey Lullo, and Kiara Cherry.