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Supporters plan rally for Nate McMurray in Alexander

By Howard B. Owens

Press release:

Join us on Saturday, Sept. 15th, at Alexander Fire Hall for lunch and a rally! Meet Nate McMurray and hear his inspirational message for New York's 27th Congressional District!

A year and a half ago, we drew an excited crowd of neighbors from across the 27th District who came together to stand up against Chris Collins. Since then, the energy has only increased. Many of us have met and been working for McMurray, and we're getting together again because we need your help and he needs to win. The 27th needs a representative who cares!

Fire hall event is 12-2 p.m.; canvassing happens afterward in various parts of the district. You can choose which part you'd like to canvass with a partner. One person can drive, one can knock doors, or you can knock doors together!

Lunch is provided by the Alexander Fire Department Auxiliary. It is $6/person and is chicken, tuna, or egg salad sandwich; macaroni salad; chips; cookie; pop or water. Alexander Fire Hall is located at 10708 Alexander Road, Attica.

Pavilion senior and volunteer firefighter walks 110 flights of stairs to honor the victims of 9-11

By Howard B. Owens

Today Timothy Zipfel, a senior at Pavilion High School and a volunteer with the Pavilion Fire Department, donned his turnout gear and air tank today to walk 110 flights of stairs at the school in honor of the victims of the Sept. 11, 2001 attacks on America.

Of course, Pavilion only has three flights of stairs, so Zipfel walked up three flights and then down three flights about 36 times to complete the 110 flights.

There were 110 flights of stairs in each of the Twin Towers of the World Trade Center in New York City.

The attack was 17 years ago and Zipfel is only 17 years old. He said the impact of the attack hit him when he was young when his parents told him about it and he determined then that he would do something to honor the victims.

This is the second year he's climbed the stairs.

"I believe that today is one of the days that no one in this great nation should ever forget," Zipfel said. "I feel like it should be honored."

Law and Order: Pair of DWI arrests announced

By Howard B. Owens

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.

Notre Dame announces 2018 Hall of Fame inductees

By Howard B. Owens

Press release:

Notre Dame High School is proud to announce that its 2018 Sports Hall of Fame Induction Program will be held on Saturday, Nov. 3, at the Notre Dame campus, 73 Union St., Batavia.

This Fall's program will begin with a social hour at 6 p.m. followed by a dinner and the alumni student-athlete and contributor recognition program to follow.

Inductees honored on Nov. 3 will include:

  • John Francis, '66
  • Mike Callahan, '67
  • Mike Cordes, '76
  • John Stisser, '80
  • Sue [Burns] Keefe, '81
  • Kathy Dwyer, '90
  • Members of the 1973 ND Smith Division Co-Champion Football Team
  • Rick Mancuso, '76 -- Inducted as a Coach
  • Joe, '68, and Patty Jurewicz, '69, Flynn -- Inducted as Supporters

Tickets for the program will be $40/person and will be available through the ND Advancement Office.

Please contact ND Advancement coordinator Emily Patrick for more info at 343-2783, ext. 106, or Emily.Patrick@ndhsbatavia.com.

Individual inductee bios will appear in print closer to this Fall's program!

O-AT-KA Milk announces 40 job openings

By Howard B. Owens

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.”

McMurray says Collins believes the rules don't apply to him

By Howard B. Owens

Press release:

Nate McMurray, the Democratic and Working Families Party candidate for New York’s 27th Congressional District, released the following statement after Congressman Chris Collins broke his silence one month after suspending his campaign when he was indicted on charges of insider trading.

“Tonight voters heard from a man who has lost the public trust. Congressman Collins played the victim, has refused to resign from Congress and tonight expressed surprise that the rules do, in fact, apply to him.

“Mr. Collins admitted that this ballot bait and switch, ‘has never been done before’ and there’s a very clear reason: it’s undemocratic, it’s wrong, it’s insulting to voters, and it’s a joke. Most importantly, it’s illegal and will not stand. Our laws exist for a reason and party bosses don’t get to change them just because their candidate was indicted.

“The truth is that Mr. Collins is willing to be a sham candidate, willing to dupe voters by running for whatever position these kingmaking ‘powers that be’ can manipulate the easiest.

 “I’ve been crisscrossing the district and talking to the voters Mr. Collins pledged to represent and the truth is that they’re angry, they feel betrayed, and they don’t want to trust the system that knew about these allegations and propped up Mr. Collins anyway.”

In other NY-27 news, the deputy chief of staff for Collins, Michael Kracker, has resigned and taken a job with Unshackle Upstate as executive director.

Le Roy increases law enforcement protection at both school locations

By Howard B. Owens

A new arrangement this year between the Village of Le Roy and the Le Roy Central School District will ensure both Wolcott Street School and Le Roy MS/HS will have a nearly constant law enforcement presence.

The arrangement is possible with the retirement of Officer Eric Miller, who was the School Resource Officer at the high school, splitting some time with Wolcott, since 2003, and a change in state law that allows Miller to now become an employee of the district to perform the same duties, and the willingness of the Village to continue to partially fund an SRO position.

The state has created a classification of school employees known as "special patrol officers." These are former law enforcement officers who remain qualified to perform the duties of an officer.

In Miller's case, not only is he still qualified, he has returned to Le Roy PD as a part-time officer, which will help him maintain his qualifications.

While Miller is at the high school, Le Roy PD has assigned two part-time officers to rotate coverage, one week on, one week off, at the elementary school.

"I think when we looked at what the county proposed, though we were interested in that idea, we felt that getting coverage in both buildings was non-negotiable," said Superintendent Merritt Holly. "I think the setup that we have here provides us with the opportunity to have an armed police officer in this building and a special patrol officer in the other building, so it gives us now the coverage that we're looking for."

His SRO position was created in 2003 shortly after Columbine (the April 1999 high school massacre in Jefferson County, Colo.) and he served both campuses.

His job, both as an SRO and as it's defined now, isn't just to provide security for the school. It's a job that involves getting to know students, assist them where he can, and providing information about school and personal safety.

Chief Chris Hayward said the new state law helps make the situation more flexible.

"I'm not a one of those who believes that in order to keep our kids safe there have to be uniformed police officers," Hayward said. "Do I believe that it should be someone like Eric who has that experience and has that training? Absolutely. But I don't think that it has to be an active police officer because there are requirements of Eric. Even if he hadn't been hired back by us, there are still those requirements where he has to go to the annual training with firearms, use of deadly physical force etc., so there still those safeguards, for want of a better term, in place to make sure that they're maintaining that level of training to respond in an appropriate manner."

Photo: Eric Miller, Tim McArdle, middle school and high school principal, Carol Messura, Wolcott principal, and Officer Heath Mattingly, one of two part-time officers assigned to Wolcott.

Ranzenhofer announces $72,000 for local libraries

By Howard B. Owens

Press release:

New York State Senator Michael H. Ranzenhofer has secured $72,000 in state funding for public libraries throughout Genesee County.

“Our local libraries enrich our communities with invaluable services, and this critical funding will assist libraries across Genesee County with providing more programming to their patrons,” Ranzenhofer said. "As your State Senator, I am proud to be a strong supporter of Genesee County’s libraries."

The total funding will be distributed among Genesee County’s six public libraries:

• Byron-Bergen Library, $12,000;

• Corfu Free Library, $12,000;

• Haxton Memorial Library; $12,000;

• Hollwedel Memorial Library, $12,000;

• Richmond Memorial Library, $12,000; and

• Woodward Memorial Library, $12,000.

The funding can be used for a variety of purposes, including capital improvements, new books, learning materials, software, programming and computers. The funding is part of the 2018-19 State Budget. The funding is administered by the New York State Education Department.

Shooting at murder scene was to protect other people, defense attorney suggests during hearing

By Howard B. Owens
Jennifer K. Urvizu-Hanlon

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.

Accident with injuries reported on Walnut Street, Batavia

By Howard B. Owens

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.

Photos: Fundraiser for family of Mike Tenebruso

By Howard B. Owens

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.

Genesee Rugby Club wins first home match

By Howard B. Owens

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.

Muckdogs seem unlikely candidate to fill baseball vacancy in Pawtucket

By Howard B. Owens

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.

Le Roy comes up short against Wellsville

By Howard B. Owens

The Oatkan Knights had a chance to win their home opener against the Wellsville Lions at Hartwood Park on Friday night but didn't make the plays they needed to make.

That will be an area of focus in the coming week of practice, said Head Coach Brian Herdlein after the game.

"The biggest thing is they came out and they (Wellsville) wanted to play tonight," Herdlein said. "I thought that we came out a little bit slow. You know they stayed in the game which gave them a lot of confidence. We had some opportunities to make plays that we didn't make...."

The final score was 12-7.

For Le Roy, Kyle LaCarte carried the ball 18 times for 85 yards. At QB, Jake Hill was 10-22 for 139 yards and TD. He was picked off twice. Cody Lytle lead the receivers with six receptions for 67 yards and a TD.

The Knights are a young team and Wellsville seemed to have the size advantage but Herdlein didn't think that made a big difference in the game. Technique and execution can overcome size.

"I do think up front that they beat us up a little bit today and again we'll look at the film and we'll see what we have to do to make adjustments," Herdlein said.

Le Roy is now 1-1 on the season. After two weeks of ball, Herdlein sees room for improvement.

"We have we have some young guys hopefully they learn from this," Herdlein said. "I don't think that we had the best week of practice and I told the guys that. Hopefully, we can come back and have a better practice.

The team is going to work on being more focused and disciplined, Herdlein said.

"Like I said, there were definitely opportunities where we had a chance to make plays," Herdlein said. "It was maybe little alignment issues that we weren't doing right or some plays that we weren't running correctly and we just need to tighten those things up."

In other Friday night action:

  • Batavia beat Livonia 26-14. Alex Rood carried the ball 22 times for 121 yards and three touchdowns. He also had 11 tackles. Ethan Biscaro was 11-14 passing for 194 yards and a TD. Taiyo Iburi‐Bethel had five receptions for 87 yards and Andrew Frances had three receptions for 65 yards and a TD.
  • Alexander crushed Canisteo-Greenwood 28-0. Chris McClinic carried the ball 15 times for 147 yards and three TDs. Dylan Busch tossed a TD pass to Takari Lang-Smith. The defense held Canisteo to 50 yards rushing. Jake Jasen and Hayden Walton each had six tackles.
  • York/Pavilion beat Bolivar-Richburg 32-0.
  • Pembroke fell to Cuba-Rushford 26-14.
  • Cal-Mum/Byron-Bergen fell to Letchworth/Warsaw 14-0.

There are no local football games today. Notre Dame has no game this week because Oakfield-Alabama/Elba switched to eight-man football.

Local reporter took interest in economic development covering IDAs, takes job with GCEDC

By Howard B. Owens

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."

House Ethics Committee to investigate Chris Collins

By Howard B. Owens

The House Ethics Committee has announced it will convene a special panel to investigate Rep. Chris Collins and his alleged insider trading activities as a member of Congress.

The investigation will be led by Rep. Mimi Walters, a Republican from California but will not begin until federal criminal proceedings against Collins have run their course.

Collins was arrested Aug. 3 and accused of securities fraud, wire fraud, and lying to the FBI.

The Erie County businessman is accused of calling his son, Cameron Collins, with a stock tip after receiving word, as a member of the board of Innate Innate Immunotherapeutics, that a drug under development to treat secondary multiple sclerosis had failed a key clinical trial.

After receiving the call, according to Federal documents, Cameron began selling his holdings in Innate after receiving the call but before the news of the failed trail had been released to the public, as well as calling other friends and family to share the news with them. As a result, the group of stockholders reportedly sold off more than 1.4 million shares of stock.

According to House rules, the Ethics Committee must open an investigation anytime a member of Congress is arrested. Politico reported its unusual for the committee, which is controlled by Republicans, to announce an investigation so close to mid-term elections.

The committee will also investigate Rep. Duncan Hunter, a Republican representing Eastern San Diego County, including El Cajon. Hunter is accused, like his father, who held the same seat for 21 years prior to his son, of using campaign funds for personal expenses. Collins and Hunter where the first two members of Congress to endorse Donald Trump during the GOP primaries.

Officer captures escaped equine on Cedar Street

By Howard B. Owens

Officer Arick Perkins with Lilly after Lilly escaped from the stables at the Genesee County Fairgrounds last night.

Perkins happened to spot Lilly on Cedar Street, and after a brief foot pursuit, with the assistance of Officer Felicia DeGroot, Perkins was able to corral Lilly. Lilly was returned to her owner, Meg Hayes.

Photo below of Perkins and DeGroot with Lilly, courtesy Meg Hayes.

Photos: First-day-of-school open house at BMS

By Howard B. Owens

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."

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