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Tonawanda close to nine-foot level

By Howard B. Owens

At 9 a.m., the water level of the Tonawanda Creek, measured behind the courthouse, was 8.5 feet and rising, according to the National Weather Service.

Flood stage is 9 feet.

The creek is expected to crest at 9.4 feet this afternoon.

Impacted areas include Kibbe Park, Law Street and Walnut Street.  

Also, expect flooding in the rural areas of Alexander and the Alabama Swamps.

Rocks spread happiness, kindness throughout Batavia

By Maria Pericozzi

The first of three sessions to spread kindness throughout Batavia was on Thursday at 6:30 p.m. where participants painted rocks, which will be placed throughout Batavia.

Participants pay $5 to cover the cost of paint and supplies, and bring a rock. Two more sessions -- July 27 and Aug. 17, from 6:30 until 7:30 p.m. -- will be held at Art Ah La Carte in Batavia at 39 Jackson St.

Kim Argenta, owner of Art Ah La Carte, started the project after her friend, Kelly Carlie, told her about a project she runs in Le Roy, called “Le Roy Rocks.” Both are part of the nationwide “The Kindness Rocks Project.”

Tonawanda close to flood stage in areas of Law, Walnut and Kibbe Park

By Howard B. Owens

The City of Batavia is warning of flooding along the Tonawanda Creek in the areas of Law Street, Walnut Street and Kibbe Park.

The Tonawanda is expected to crest at 9.7 feet, which is above flood stage levels.

Residents in the affected areas are asked to keep vigilant and take precautions to minimize property loss.

State Street resident convicted of menacing a police officer sentenced to three years in prison

By Howard B. Owens

Sometimes good people do bad things, Judge Micheal Mohun told Bill Thomas before sentencing him to three years in state prison for menacing a police officer.

With the nearly 14 months already served in county jail, and time off for good time, Thomas should be back home with his family in a little over a year.

Family is a big part of the Thomas story, something Mohun noted during his sentencing remarks.

"You're a lucky fella," Mohun said. "Every time you've come to court, your family has been here. Your family has been very supportive. I see you are one of 10 kids, the second youngest. Your mother died in May while you were in jail. I'm sure that was very hard on you.  It gives me great encouragement that your family is with you and has backed you throughout your court appearances and your trial and now they're here with you today. That is a real testament to the Thomas family.

Then he added, "you're also lucky to be alive."

On the morning of March 16, 2016, Officer Pete Flanigan responded to a home on State Street to investigate a report of a disturbance. Bill's brother Rand answered the door and Flanigan saw Thomas, he testified at trial, with a knife in his hand. He said Thomas came at him with the knife and he thought he would have to shoot Thomas, but Rand, in trying to flee the residence, got in between the officer and his brother.

At a trial last month, Thomas was convicted of criminal possession of a weapon and menacing a police officer.

The mandatory minimum sentence for menacing a police officer is two years in prison, with a maximum of eight. 

Mohun also sentenced Thomas to one to three years on the weapons conviction, to run concurrently to the menacing charge. Thomas will also have a year and a half parole to serve when he's released.

Thomas has a prior criminal record, but nothing in the past 20 years and never had a prior arrest for any kind of violence.

He had been living with his mother, caring for her, prior to his arrest.

While Thomas, 57, was represented at the jury trial by the Public Defender's Office, retained counsel Maurice Verillo appeared for the defendant today. He argued for a minimum amount of time in prison and asked that his client's time in prison be at a facility close to Batavia so his family could easily visit him.

Mohun said he has no control over where the Department of Corrections sends Thomas, but he did attach the request to his file, so it is with him when he is processed, and all of the letters of support from friends and family the court received.

District Attorney Lawrence Friedman, who usually has something to say when asked what his sentencing recommendations are by a judge, made no statement in court today.

About a dozen members of his family were in court. After Mohun adjourned the case, they all stood. Deputies allowed Thomas to turn and say goodbye to his family.  Family members told him they supported him and loved him.

Safe Summer Children's Carnival is July 27 at Falleti Ice Arena, Batavia

By Billie Owens

Press release:

The Genesee County AmeriCorps Program, in collaboration with the Genesee County and Batavia youth bureaus, is planning the annual Safe Summer Children’s Carnival open to the public to take place from 10:30 a.m. to 2 p.m. on Thursday, July 27, at Falleti Ice Arena, 22 Evans St. in Batavia.

One dollar buys a ticket to play 10 games, and children can win “funny money” to redeem for prizes.

Entertainment by “The Checkers” is scheduled from 10:30-11:00 a.m. and the games will run from 11 a.m. - 2 p.m. with a 30-minute lunch break. Folks from the community should to bring a bagged lunch or plan to leave for lunch.

There will also be several community agency booths that youth can visit to earn a chance to win one of many grand prizes at this year’s event. For more information on the carnival please contact Chelsea at the Genesee County Youth Bureau at 344-3960.

Three people nabbed for alleged drug sales by task force

By Billie Owens
Jacklyn Ganzhorn
Johnnie Watson
Edward White

Three people have been arrested, all on Class B felony charges, following an investigation by the GC Local Drug Enforcement Task Force in the City of Batavia.

Jacklyn M. Ganzhorn, 30, of South Lyon Street, Batavia, is charged with two counts of criminal sale of a controlled substance in the third degree -- heroin/fentanyl; and two counts of criminal possession of a controlled substance in the third degree (same drug).

Ganzhorn was arrested Wednesday afternoon by Batavia Police while they were investigating an unrelated matter.

She was jailed on $20,000 cash bail or $40,000 bond.

Uniformed officers of the Batavia Police Department assisted Task Force members with the investigation.

Johnnie M. Watson, 34, of West Main Street, Batavia, is charged with three counts criminal sale of a controlled substance in the third degree -- "crack" cocaine; and three counts of criminal possession of a controlled substance in the third degree (same drug).

Watson was arrested Tuesday afternoon by Genesee County Sheriff's Deputies.

Watson is currently on parole.

He was jailed on $20,000 cash bail or $40,000 bond.

Uniformed officers of the Genesee County Sheriff's Office assisted Task Force members with the investigation.

Edward J. "Jordan" White, 21, of Michigan Street, Lockport, is charged with one count of criminal sale of a controlled substance in the third degree -- "crack" cocaine; and one count of criminal possession of a controlled substance in the third degree (same drug).

White was arrested Tuesday afternoon by Genesee County Sheriff's deputies.

White, who is also currently on parole, was jailed on $20,000 cash bail or $40,000 bond. 

Uniformed officers of the Genesee County Sheriff's Office assisted Task Force members with the investigation. The Task Force is comprised officers from the Genesee County Sheriff's Office, Batavia Police NET officers, and the Le Roy Village Police Department.

Today's Muckdogs game is canceled

By Howard B. Owens

Press release:

Today’s game between the Batavia Muckdogs and Lowell Spinners has been canceled due to wet and unsafe field conditions.

As the two teams do not meet again this season, this game will not be made up at any time during the season. Any person with tickets to today’s game can exchange their tickets for any other regular season game, subject to availability.

Law and Order: Three women accused of filing false information to receive public assistance

By Howard B. Owens

Kimberly Brodsky, 25, of Bank Street, Batavia, is charged with offering a false instrument for filing, 1st, and grand larceny, 4th. Brodsky is accused of filing a falsified application for assistance with the Department of Social Services in May 2016. Brodsky allegedly received $2,423 in benefits as a result of the falsified application.

Susan Jordon, 54, of State Street, Batavia, was charged with two counts of offering a false instrument for filing, 1st, and grand larceny, 3rd. Jordan is accused of submitting falsified applications to the Department of Social Services in August 2016 and in February (2017). As result, Jordan allegedly received $3,105 in benefits. 

Catherine Spink, 52, Genesee Street, Corfu, is charged with 10 counts of offering a false instrument for filing in the first degree and one count of grand larceny, 3rd. Spink is accused of submitting various forms of falsified documentation to the Department of Social Services between March of 2015 and March of 2017, which resulted in Spink receiving $3,756 in benefits.

Arne H. Zipkin, 69, of Woodcrest Drive, Batavia, is charged with petit larceny. Zipkin is accused of shoplifting from Dick's Sporting Goods. Zipkin allegedly stole $97.99 in merchandise.

Grand Jury Report:

Jason C. Lehnortt is indicted on a count of felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation in the first degree, and speeding. Lehnortt is accused of driving drunk May 3. He was allegedly drunk while driving his 2006 Subaru on the Thruway over the posted speed limit through Stafford while on a suspended license. He is alleged to have had a prior DWI conviction in January 2008, making the DWI a felony charge with three prior suspensions or revocations still in effect.

Accident on West Main, Batavia, with minor injuries

By Howard B. Owens

A motor-vehicle accident with minor injuries is reported on West Main Street at Porter Avenue.

The vehicles have reportedly moved to a location out of the roadway.

City fire, Mercy EMS responding.

UPDATE 10:07 a.m.: An ambulance is requested to return to the parking lot of Batavia PD. A subject involved in the accident now reports she is in her vehicle unable to move.

Smoke coming from residence reported on Bank Street, Batavia

By Howard B. Owens

A house at 120 Bank St., Batavia is reportedly charged with smoke with an audible alarm going off.

A neighbor called in the possible structure fire. 

City fire is responding.

UPDATE 10:39 p.m.: Firefighters report the odor of smoke, an audible alarm and are trying to force entry.

UPDATE 10:41 p.m.: Unattended food on the stove. Firefighters are searching the residence.

UPDATE 10:42 p.m.: An ambulance requested to the scene non-emergency to evaluate a person who was found in the residence.

Suspect in domestic on Miller Avenue arrested after locking himself in apartment

By Howard B. Owens

A 40-year-old Batavia resident kept Batavia PD at bay for more than an hour this afternoon while he remained locked in his apartment at 4 Miller Ave. following a report of a domestic incident.

Gordon D. Sprague eventually surrendered and was jailed without bail on charges of harassment, 2nd, obstructing governmental administration, 2nd, criminal possession of a weapon, 3rd, and criminal mischief, 4th.

The incident began at 2:48 p.m. with a call to 9-1-1 about a physical domestic on Miller Avenue. As police responded, officers received an update that the male subject was continuing to physically attack the female victim.

Upon arrival, the subject reportedly went into the apartment on Miller Avenue and locked the doors.

Sheriff's Deputies provided backup, including the department's K-9 unit, and a police negotiator attempted to communicate with the suspect.

Sprague, behind locked doors, would not respond to either the negotiator or family members.

Police Chief Shawn Heubusch said at the scene that officers did not believe Sprague was armed or presented a threat, but the street was shut down in "overabundance of caution."

Eventually, Sprague agreed to exit the apartment and he was taken into custody.

He was allegedly found in possession of an illegal switchblade knife. Because of a prior criminal conviction, the weapon's charge was elevated to a felony.

Photo by Julia Ferrini.

Movies in Motion to close, handmade wood signs and furniture business taking over

By Maria Pericozzi

Lynda Edenholm and her husband, Jeff, announced Tuesday that Movies In Motion, their video rental business located at 511 E. Main St. in Batavia, will be closing down. While they are sad, Lynda said she is excited to start their new venture, in the same building, called “Lynda’s Custom Wooden Signs and Furniture.”

“Technology took over,” said Lynda. “Even at the dinner table, people are on their phones. We’ve lost sight of the whole reason why we’re here.”

There is no definite closure date, but Lynda said the transition will be over the next two months. They are liquidating more than 10,000 DVDs and Blu-rays starting at 25-percent off. The percentage off will increase as the inventory diminishes.

Movies In Motion has been at its current location for nine years, but opened in 1996 with 180 movies.

Lynda said she has become a big part of the community over the last 21 years.

“We’ve donated to many different school functions, church functions and special fundraisers,” Lynda said. “We did it mainly for the people. We like the interaction with people.”

Because the video store was open seven days a week, Lynda said she has missed many birthdays, anniversaries and special events.

“You can’t just close down anytime you want,” Lynda said. “I want to spend more time with family.”

The best part of running the video store has been watching people grow up, Lynda said. She said she is going to miss all the faces that they normally see.

Lynda has been making custom wooden signs for about two years. She said it seems to be the source of most of her income right now.

“We’re hoping that we’ll get a following after we leave,” Lynda said. “But it’s bittersweet. It really is.”

Lynda said she is not sure how long they will stay in the current building because eventually she would like to move the wood signs and furniture business to online and at their residence in Stafford.

“Our plan is to stay here and still service the community,” Lynda said. “Just on a different level this time.”

Miller Avenue shut down due to domestic incident, man barricaded inside residence

By Billie Owens

A domestic incident on Miller Avenue in the city has prompted law enforcement to shut down the roadway to traffic. A male subject has barricaded himself inside a residence.

Batavia police and Sheriff's deputies are on scene, including the Sheriff's K-9 unit.

UPDATE 4:14 p.m.: Police Chief Shawn Heubusch said police responded to a report of a domestic disturbance and the male subject retreated into the residence and is not responding to law enforcement efforts to communicate with him. Heubusch said they do not believe he has weapons or is a threat, but they closed the street in an "abundance of caution."

UPDATE 4:21 p.m.: The man is now in custody.

Blue Devils getting ready to go after another winning season in 2017

By Howard B. Owens

It's the middle of summer, but it's not too soon to start thinking about high school football -- the players are getting ready.

Batavia Head Coach Brennan Briggs sent in this picture of some of his team who participated yesterday in 7-on-7 drills yesterday as they get ready to defend three straight Section V championships this season.

Also participating in the drills were Elba/Oakfield-Alabama, Gates, Churchville, Alden and Albion.

The 7-on-7s take place every Tuesday.

There are 11 versus 11 drills on Thursday at Cal-Mum.

Former standout Batavia High baseball player signs with Division I school

By Howard B. Owens

Alex Canty, who excelled in baseball at Batavia High School, through his senior season in 2016, announced on Twitter yesterday that he has committed to Southeast Missouri State.

That gives the infielder a shot at playing Division I baseball.

Canty played his 2017 season at Monroe Community College, where he hit .357, with eight home runs, 53 RBIs, 11 stolen bases and 18 walks. His on-base percentage was .418.

GCC being evacuated for report of smoke in equipment room

By Howard B. Owens

There is a report of smoke in the "switch gear room" at Genesee Community College.

The building is being evacuated.

Town of Batavia fire responding.

UPDATE 10:32 a.m.: No fire, small amount of smoke in the building. Engine 24 can continue response non-emergency.

Governor, local and state officials, applaud HP Hood and second chance for nation's largest dairy processing plant

By Howard B. Owens

Some businesses fail and some thrive, and if New York is going to grow economically, it needs to take the risk that not every business that receives state aid will live up to expectations.

That was the theme of comments by Gov. Andrew Cuomo and Howard Zemsky, president and CEO of Empire State Development, today in Batavia.

Muller Quaker Dairy didn't work out after being promised millions of dollars in state aid (most of which the project never received), but Cuomo and Zemsky are confident HP Hood is a good company for the state to assist as Hood prepares to expand the 363,000-square-foot facility in the Genesee Valley Agri-Business Park.

"If you want to be in the economic development business, you have to get accustomed to the adjustments," Cuomo said. "You know, only 50 percent of the businesses that start exist after five years. Fifty percent. By the time you get to the 10-year mark, only one-third are still in business. That's the nature of business.

"In the state of New York, we're doing economic development," he added. "We're creating hundreds of businesses, creating thousands of businesses. Well, then, you have to be prepared to have that number of defaults because that is the way the world works. The trick is to keep the fundamentals sound. Keep taxes low. Stay pro-business."

Both Cuomo and Zemsky said they believe Hood will succeed in Batavia.

"Think about the spectrum of industries out there," Zemsky said. "On the one hand, you've got relatively low-risk industries -- I would consider fluid milk to be a pretty stable. We're not figuring out if consumers like milk or not. You're not breaking new ground and producing milk.

"So milk is a pretty low-risk investment in the whole spectrum of things. On the other side, you've got chip fabs or really next-generation industries. We do take some calculated risk, but I'd say this is very low on the scale of calculating risk."

HP Hood is a 170-year-old company based in Lynnfield, Mass., with four other locations in New York. The company is licensed to produce, or has produced, brand-name dairy and non-dairy products throughout the United States.

Hood’s portfolio includes its own brand, Crowley Foods, Simply Smart Milk, Heluva Good!, Lactaid, Baileys Coffee Creamers, Hershey's Milk and Milkshakes, and Blue Diamond Almond Breeze.

The former Muller Dairy plant is the largest dairy processing plant -- even before Hood adds 100,000 square feet of the refrigerated warehouse -- in the United States and in the middle of Upstate dairy country. It cost PepsiCo and Theo Muller Group $206 million to construct. Pepsi took a $60 million write-off when the plant closed. It's unknown how much money Muller lost on the venture.

Muller Quaker was attempting to enter an already crowded and competitive Greek yogurt market with a product that tried to position itself as Greek yogurt but really wasn't.  

Dairy Farmers of America purchased the plant shortly after it closed in December 2015 for $60 million. News broke in June (as first reported by The Batavian) that HP Hood was acquiring the plant from DFA and last week, Hood closed the deal for $54 million.

To assist Hood with its $200 million investment in the plant, Empire State Development will provide up to $5 million in performance-based Excelsior Jobs Program tax credits. As with Muller Quaker, these tax incentives are withheld until employment targets are met.

There is also a $2 million capital grant from the Upstate Revitalization Initiative.

The Genesee County Economic Development Center is also amending the current PILOT (Payment In Lieu Of Taxes), which will provide Hood with more than $7 million in tax abatements over 10 years.

In return, Hood is planning upgrades and equipment purchases and labor costs for reconstruction of more than $150 million. Construction will create more than 500 jobs. There will be another 230 to 250 permanent jobs at the plant.

The support the state is providing HP Hood has an immediate payoff, regardless of what comes down the road, Zemsky said. He called the support a "no brainer."

"This is huge for the dairy farmers," Zemsky said. "It's huge for the whole footprint of the dairy industry. The returns are immediate. Fifty-four million to buy the plant, about $150 million to repurpose it. Two hundred and fifty jobs. That's more than was here at the peak when it was Muller."

During his public remarks, Cuomo said he's trying to reverse 40 years of Albany's neglect of Upstate's business needs, that includes commiting more than $25 million to the Finger Lakes Region for economic development. He said that's more than any governor in history.

"You keep raising taxes, you make it difficult for businesses to be here," Cuomo said. "I'll tell you what's going to happen at one point -- they're going to leave. And they did. We had what I call a 'hangover New York arrogance.' Well, wait, the businesses will stay here. Where else are they gonna go?

"There are actually other places they can go. You look at a map you will see around the State of New York other shapes squares and triangles. Those are called other states. If you force people, they will leave New York and we have essentially forced people (to leave). It's been a tough business, high-tax environment, high-regulation environment.

He expanded on that theme with the press after his speech.

"We have businesses in New York who just get calls at their desk from other states -- come to my state and you won't have to pay any taxes and we'll send the plane and we'll bring you and your wife for the weekend," Cuomo said.

"It is amazing, the competition. So if you said, 'Well, I'm not going to try to do economic development,' you would just be sitting there as a target for every other state.

"One by one they would pick off your companies, and in a relatively short period of time, you'd be sitting there alone -- losing jobs, losing people, which is what happened to Upstate New York."

Representing Hood at the event was Vice President Jeffrey Kaneb. He is the son of John Kaneb, who first tripled revenue for Gulf Oil to $4.6 billion before selling it in 2005.  The Kaneb family acquired Hood in 1995, growing annual revenue from $600 million to more than $2.3 billion. 

"We're very excited to have this opportunity to grow our business here," Kaneb said. "We are very very grateful for the support that we've gotten from the governor's office, from his staff, from the county, from the entire community, in getting us to this point. We look forward to becoming a supportive member of this community, a good neighbor, and an employer of choice here in Batavia."

Hood is hiring. People interested in a job should call (1-800) 428-6329.

As for STAMP (Science, Technology and Advanced Manufacturing Park), the super site in Alabama intended to attract high-tech manufacturers, Zemsky said he thinks it's inevitable that big businesses start to move into that park, because of the location and its access to hydropower and fresh water.

However, Zemsky sounded a cautious tone about whether 1366 Technologies, the solar wafer startup from Massachusetts, that was the first announced tenant for the park, ever breaks ground. 

"I have met with them," Zemsky said. "I haven't talked to them in a while and I think, again, these businesses are competitive. They have to raise capital. I think they have some more capital to raise, so whether or not it happens depends, but it's not going to be all state-financed."

One of the holdups may be the change in presidential administration, from one that supported renewable energy to one that may be more skeptical about the need to support wind and solar. While 1366 has raised substantial private equity, receiving backing from the Department of Energy seems to be a key component of its financial package. The company was previously promised a $150 million loan guarantee from the DOE.

"I think, like anything, the changing of the landscape politically through regulations of the federal government, the vagaries of the financing market, the price of alternative energies -- these are all factors that make being in business really difficult," Zemsky said.

Hood VP Jeffrey Kaneb.

Boy dragged down street by dog, now has cuts and abrasions

By Howard B. Owens

An 11-year-old boy was reportedly dragged down the street by his dog on Bank Street, between Fairmont Avenue and North Street, Batavia, and now has cuts and abrasions.

City fire and Mercy EMS responding.

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