While driving back to Batavia from Labor Daze in Oakfield on Saturday evening, the Wings Over Batavia air show was clearly visible from Route 63.
The Batavian will have ongoing coverage of the air show on Sunday.
Labor Daze is underway in Oakfield, and organizers have set up two stages so that the entertainment continues pretty much non-stop throughout the event.
Batavia Players kicked things off with a set of show tunes, and then the SkyCats started rocking on the other stage at 1 p.m.
Hazzard County took the stage at 4 p.m. and performs until 7 p.m., followed by the Dave Viterna Group from 7 to 10 p.m.
Tomorrow, Sunday:
On Monday:
The Labor Daze parade is at 10 a.m. on Monday.
At the end of nearly three hours of racing on Oak Street in Oakfield, Elias Pamer won the younger division and Cody Pangrazio won the older division in the Inaugural Oakfield Labor Daze Box Car Derby.
Photos by Howard Owens.
Press release:
The City of Batavia Police Department is currently looking for information leading to the arrest of Nathan L. Royse, 31, of Batavia, who is wanted on a violation of parole warrant as well a City of Batavia warrant for Criminal Possession of a Weapon 3rd degree.
Anyone with information is asked to contact our dispatch center at 585-345-6350 or submit a tip by clicking here.
Fram Oil Filters used to run a commercial with the tagline, "You can pay me now, or you can pay me later."
It may be the case that taxpayers in the East Pembroke Fire District decided earlier this week to the "pay me later" path for the future of keeping their homes and families safe in emergencies.
Voters turned down a proposal on Tuesday to fund a low-cost retirement program to help the fire department retain volunteers.
The measure was defeated 117 yes to 152 no.
Genesee County Emergency Management Coordinator Tim Yaeger said he is disappointed in the outcome of the vote. He sees on a daily basis what is going on with volunteer fire companies in the county -- declining membership, fewer people turning out to calls, fewer people in training classes.
"The volunteer service is in bad shape, and it's getting worse," Yaeger told The Batavian.
In a social media post, members of the East Pembroke department shared their disappointment.
"The East Pembroke Fire Department has always put the community first, helping out whenever anyone is in need. On your worst day, the volunteers stop their lives to help you for hours on end with no compensation," reads a post on the department's social media page. Individual members shared their disappointment in comments on the post.
Yaeger said he understands the hurt and frustration members are feeling but believes they will regroup and come to realize the vote was not a rejection of their service to the community.
"Once the emotion subsides, they'll see that is not the case," Yaeger said.
Volunteer firefighters do the job for free, putting in hundreds of hours annually, some more than a thousand, not just responding to calls but also going to training, attending meetings, maintaining equipment, and supporting fundraisers. It's an essential job with no pay, Yaeger noted. There is no pension. No health benefits. If you serve long enough, you might get a nice plaque at the end of your career.
"There are no benefits to being a volunteer firefighter other than it's a noble cause," Yaeger said. "And the calls are hard and getting harder. Most of them are EMS calls, and you're dealing with people who may not want you there. It might be drug overdose, and you're not welcome into the home, so it's disheartening (that this didn't pass)."
The program voters were asked to approve is known as LOSAP, or Length of Service Awards Program. It is run by an insurance company and would allow qualifying volunteers to earn $20 a month in retirement benefits for each year of service, with firefighters becoming fully vested after five years of qualifying service.
The cost to taxpayers in each of the first five years of the program -- when costs are at their highest because of a "buyback," allowing existing volunteers to qualify for five years of service -- would have been a maximum of 44 cents per $1,000 of assessed value on parcels in the district. After the first five years, the cost would have dropped by as much as two-thirds.
Issues that arose in the run-up to the vote were that residents had a hard time finding out what their actual individual cost to support the program would be. When The Batavian tried to find out, it took a couple of days to get a firm answer. The first time The Batavian asked the attorney for the district, Bradley Pinsky, what the rate would be, he said he was driving and didn't know. He suggested the reporter calculate the rate herself. Later he called back and said it was 96 cents per $1,000 of assessed value. That didn't sound right because it was way out of line with guesstimate numbers previously provided to The Batavian. The Batavian contacted District President James Gayton, who contacted Pinsky immediately. Pinsky admitted to an error in the calculation and said the correct figure was a maximum of 44 cents.
"East Pembroke is struggling for people to respond to calls," Yaeger said. "It’s a frustrating feeling not having enough people to do the job, and then you try to do something to attract and retain people, and it gets rejected by the people you’re trying to protect," Yaeger said.
Yaeger acknowledged that the rejection of the measure by voters may have come down to messaging. There was a lack of clear information on a tax rate, but there was also misrepresentation and disinformation spread by two opponents of the measure. That left voters confused, so they just voted no.
East Pembroke volunteers think they know who those people who sent out mailers with incorrect information are and have pointed fingers at former colleagues.
Yeager said in looking at some of the recommendations from consultants on how to shore up emergency response times -- which, for Yaeger, response times is the bottom line issue at stake -- he and the area chiefs anticipated that some long-time volunteers would resist some of the initiatives, including LOSAP, because some people always hate any kind of change.
"We didn't have it before. It's not needed now," is that attitude that sometimes pops up, which in putting forward these proposals, consultants warned could happen.
It's not just a declining membership role that is making the volunteer firefighting service a challenge, Yaeger said. Equipment costs are skyrocketing. Turnout gear is more expensive. The equipment used in emergencies is more expensive.
A fire truck that cost $500,000 just a couple of years ago now costs $800,000, and the wait to get the order filled can take up to two years.
The countywide goal for response times is 10 minutes or less, which can be difficult in a small rural county at any time, Yaeger said.
"My concern is mostly with getting a trained, qualified person to that home or business or accident when somebody calls 9-1-1," Yaeger said. "Our goal is to be able to respond to anybody's house within 10 minutes. That's a high target to shoot for in a rural county, but if you asked anybody how fast they want us there when their loved one is having a heart attack or other emergency, they say, 'minutes.' I'm more concerned with service delivery that we're unable to provide right now adequately."
While maintaining an adequate volunteer force is important, Yaeger's office is also looking at other recommendations from a consultant that include stationing full-time, paid firefighters in fire halls throughout the county on day shifts and supplementing their responses with volunteers as well as strategically placing ambulances outside of Batavia.
For Yaeger, keeping response times low is a matter of saving lives, but for property owners, there is also a financial cost to increased response times, which can go up when there are too few volunteers to respond to calls.
Insurance rates are based on a rating of fire services available to a particular parcel of property. The Insurance Service Organization scores response times based on 9-1-1 operations, water supply, hydrant capacity, drive time, fire apparatus and equipment, staffing and several other factors.
A shortage of volunteers can affect an ISO score, which means higher insurance costs for property owners.
A decline in volunteer membership will also hasten the day that the county must implement a plan that supplements volunteers with paid, career firefighters.
Yaeger doesn't yet foresee replacing volunteer departments with full-time paid departments, such as currently provides fire protection to the City of Batavia, and the semi-paid response teams, if they come, will be shared across departmental jurisdictions; for example, East Pembroke Fire District won't be shouldering the entire cost alone for such a service.
But when it is harder for a department to retain volunteers, such as the potential case now with East Pembroke's failure to approve LOSAP, it becomes much more likely that property owners in that district are looking at much higher tax bills to cover the costs of paid firefighters.
LOSAP probably would not have brought in new firefighters, Yaeger said, but it would have rewarded those volunteers who have given so much to the community -- not just fire protection but donations through fundraisers to local charities -- and that could have been an important retention tool to forestall higher fire protection costs down the road.
"When you consider the cost of equipment and maintenance and upkeep on a fire station in order to maintain response times, it's going to cost money," Yaeger said. "What that total expense is, I don't know, but if we can't count on volunteers, we can only look to paid firefighters or a pay-per-call model because we're having trouble retaining volunteers, and it's getting worse every day."
The OHMS Band headlined a Wings Over Batavia Party in Jackson Square on Thursday night, sponsored by Eli Fish Brewing Company.
The organizers of Wings Over Batavia have been ensuring the pilots and flight crews have gotten a chance to enjoy Batavia during their time here, including taking them to locally-owned restaurants for meals and ensuring they get a chance to meet members of the community.
"All the performers I've spoken to tonight said they the community has embraced them," said Doreen Hillard-Zeliff. "They're blown away at how friendly everybody is here and helpful. They're just like shocked, you know. This is three-quarters of their season. They're getting tired by this time of the year and their show circuit. They've only got a few shows left for the year. So, to come to a show like this and have a community embrace them this way is really been wonderful for them."
Photos by Howard Owens
Three people were arrested during a traffic stop on Clinton Street Road as well as a raid on a residence on East Avenue on Thursday night in connection with a narcotics investigation by the Local Drug Task Force.
Two people are accused of selling narcotics.
The arrest and raid were the result of a warrant issued as a result of the investigation.
The Sheriff's Office did not disclose the types of drugs potentially recovered at either scene, nor the amount of drugs recovered.
All three suspects also face weapons charges but details on the weapons recovered was not released.
Charges:
Alterique Day, 51, of Saint Casmir Street, Rochester, is charged with criminal possession of a controlled substance in the third degree, a Class B felony, and criminal possession of a weapon in the third degree, a Class D felony. Day was arraigned in City Court and ordered held without bail.
Joanna F. Larnder, 30, of East Avenue, Batavia, is charged with criminal possession of a controlled substance in the third degree, a Class B felony, and criminal possession of a weapon in the fourth degree, a Class A misdemeanor, and tampering with physical evidence, a Class A misdemeanor. Larnder was arraigned in City Court and released under supervision.
Patricia McDonald, 37, of East Avenue, Batavia, is charged with criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, and criminal possession of a weapon in the fourth degree, a Class A misdemeanor.
The Sheriff's Office did not specify the alleged actions leading to the tampering with evidence charge. The release also did not specify which suspects were taken into custody at the traffic stop and which were taken into custody at the residence.
A drug possession charge in the third degree means investigators believe the suspect was selling drugs.
The Emergency Response Team, led by Batavia PD, assisted in the raid of 15 East Ave.
The District Attorney's Office assisted in the investigation.
UPDATE: Batavia PD also issued a statement:
The City of Batavia Emergency Response Team (ERT), made up of members of the City of Batavia Police Department and Genesee County Sheriff's Office, assisted the Genesee County Local Drug Task Force, also comprised of members from both agencies, with the execution of two search warrants in the City of Batavia in relation to a narcotics trafficking investigation.
We encourage anyone with information about ongoing criminal investigations or drug dealing in their neighborhood to contact us by submitting a tip on our confidential tip page.
Previously: Residence on East Avenue raided, neighbors report loud bangs
An incident involving apparent gunshots on Oak Street in the City of Batavia on Monday night is still under investigation, said Chief Shawn Heubusch, Batavia PD.
Heubusch did not release any information on possible suspects or whether suspects have been identified. He did not release any information related specifically to the incident.
In response to an inquiry from The Batavian, Heubusch said, "We are still investigating the incident of shots fired on Oak Street and are asking the public, if they have any information, to contact the detective bureau at 585-345-6350."
The confidential tip line number is 585-345-6370. Confidential tips can also be submitted using this online form. The form offers an option for remaining anonymous.
Just before 5 p.m. on Thursday, a worker with A-Verdi Storage Containers removed an apparent mobile unit that seemed to have served as the on-site office of Savarino Companies at the Ellicott Station construction site.
The Savarino sign that had been on the unit was removed, and a metal desk and storage cabinet sat on the ground outside of it.
The driver confirmed he was removing the unit from the site and was later seen hauling it west on Ellicott Street.
More than a week ago, Developer Sam Savarino announced he was shutting down his company, citing massive losses from a dispute over a dormitory project at Alfred State College.
While at times it has appeared that work has continued this past week on the $22 million Ellicott Station apartment complex, the project is supposedly without a general contractor with the closure of Savarino Companies. Sam Savarino has said his management company is still in business, still running the project, and will seek a new general contractor.
City Manager Rachael Tabelski has said there has been no communication from Savarino regarding the status of the project, which is subject to multiple financial agreements involving the city, the state and GCEDC.
Reached on Thursday evening, Tabelski told The Batavian that there have still been no updates from Savarino. She said she has heard that other general contractors and developers are contacting Savarino, expressing interest in the project.
"The city and GCEDC have been talking with potential developers who have initial interest in taking over the project, but there will be a lot of financials to unwind, if this is in-fact possible to reassign grants and pay off lenders, etc."
She said there is nothing concrete to report at this time, and there is a meeting with NYS Housing and Community Renewal, a major government funder of the project and has expressed a commitment to The Batavian in seeing the project completed.
HCR initially awarded Savarino $1.2 million per year of low-income housing tax credits for 10 years based on his ability to secure investors and more recently awarded Savarino $5.7 million in low-income housing tax credits for the downtown apartment project.
"HCR has been actively monitoring the progress of the construction of Ellicott Station and will continue to do so as we work to ensure completion of this critical project and deliver 55 affordable homes to Batavia,” a spokesperson for HCR told The Batavian a week ago.
For all of The Batavian's previous coverage on Ellicott Station, click here.
The Emergency Response Team, along with uniformed members of Batavia PD and the Genesee County Sheriff's Office, along with detectives from both agencies, conducted an apparent raid on 15 East Ave., Batavia, sometime after 9 p.m. Thursday.
Area residents reported hearing a loud bang and shouts of "Come out with your hands up."
Some neighboring residents seemed to think the order applied to them and so complied, residents told The Batavian.
Two neighbors told The Batavian they've long suspected drug activity at the dwelling.
One neighbor said there is often a lot of activity and loud music coming from the house in the early morning hours, such as 3 a.m.
"It's about time they did something," he said, "but they should have come later at night. They would have found more people."
There was no authority on scene authorized to speak to the press, and authorities say there will be a press release "soon" about the police activity at the residence.
CORRECTION: Initially, this report stated this was at least a two-unit complex. A person familiar with the residence states that is not the case. Our statements were based on observations at the scene and coverage of a prior incident many years ago at the residence. The story has been correct to remove references to apartments.
The driver of a tan Chevy Suburban fled the scene, according to a witness, after the vehicle struck a parked car on South Jackson Street in Batavia.
Batavia PD is investigating the accident.
There were no injuries reported.
The witness described the driver as a woman, 28 to 30, with her hair in a bun, wearing black shorts and a tan tank top. She had a tattoo consisting of letters on her right shoulder.
The witness said the woman started walking west toward Jackson Street, and when he said, "You can't leave the scene," she said, "I'm not leaving. I'm making a phone call." When he called 9-1-1, she ran east on South Jackson, and he tried to follow. She cut into some residential yards.
Readers are spotting the skywriting taking place on this clear-blue day in WNY and sending in photos. The skywriting is in advance of this weekend's Wings Over Batavia air show.
We received a couple of photos we can't publish because they were too small. You can email photos to howard@thebatavian.com. Please ensure they are at least 800 pixels wide. If you don't know the size, send the largest file size you can.
For previous Wings Over Batavia coverage, click here.
Press release:
Empire State Development (ESD) today announced that dairy product manufacturer HP Hood will grow its operations in Genesee Valley Agri-Business Park. The project will include the addition of new processing systems, along with other upgrades, which will allow the company to increase capacity for the production of additional extended-shelf-life (ESL) beverages at the Batavia facility. As a result, the company has committed to creating up to 48 new jobs at the manufacturing facility. To date, the company has created more than 400 jobs at the site and currently employs close to 1200 statewide. Hood purchased the on-site, 363,000-square-foot plant in 2018 from the Dairy Farmers of America for $60 million and soon after expanded the facility by another 100,000 square feet. HP Hood is the agri-business park’s largest landowner.
“This continued commitment from one of the nation's most prominent dairy companies will create top-quality jobs and spur new investment in the Finger Lakes," said Empire State Development President, CEO and Commissioner Hope Knight. "Agriculture and food processing are key pillars of the region’s economic development efforts, and HP Hood’s latest investment shows that our multi-pronged growth strategy is working."
ESD is assisting the forward-thinking project with up to $1 million through the performance-based Excelsior Jobs Tax Credit Program in exchange for job creation commitments. The total project cost has been placed at $120 million. Genesee County is also considering providing incentives for the project. Greater Rochester Enterprise also assisted with the expansion effort. Construction on the planned updates is expected to be completed in the first quarter of 2025.
Headquartered in Lynnfield, Massachusetts, HP Hood has five New York State production facilities in Batavia, Vernon, Oneida, Arkport and Lafargeville. Founded in 1846, today, Hood is one of the largest branded dairy operators in the United States. The company’s portfolio of national and super-regional brands and franchise products includes Hood, Crowley Foods, Planet Oat, Heluva Good!, LACTAID®, and Blue Diamond Almond Breeze®. The company’s annual sales are more than $3 billion.
Gary Kaneb, President and CEO of HP Hood LLC, said, “Our investment in the Batavia facility is being driven by the continued growth of ESL dairy and non-dairy beverage categories. We are grateful for the support of Empire State Development as Batavia continues to be a strategic site for the expansion of our ESL manufacturing capabilities.”
The Genesee Valley Agri-Business Park is located at the heart of the Buffalo-Rochester Tech Corridor. For additional information about the park, visit: http://gcedc.com/agpark.
New York State has a robust, thriving agricultural industry and is home to almost 3,500 dairy farms and 620,000 cows. New York’s dairy industry is also the State’s largest agricultural sector. The majority of farms are family-run operations, supporting the framework of the State’s agricultural economy.
NYS Department of Agriculture and Markets Commissioner Richard A. Ball said, “HP Hood’s expansion in the Genesee Valley Agri-Business Park is good news for New York’s agricultural industry. Not only will this effort create new jobs and support hundreds of existing jobs in the Finger Lakes region, but it will also ensure that consumers, far and wide, can continue to enjoy the delicious, local, award-winning products that HP Hood is known for. I thank our partners at Empire State Development and Finger Lakes Forward for helping to ensure that this project can come to fruition.”
State Senator George Borrello said, “HP Hood’s investment in its Ag Park operations is a strategic recognition of the quality dairy and agricultural suppliers that surround them, the availability of a skilled workforce and the supportive partners in government committed to their success. This effort is another exciting addition to our region’s dairy industry projects pipeline, which just keeps growing. We are truly witnessing a transformation. Many thanks to Empire State Development, Genesee County officials and HP Hood’s leadership team for the vision and commitment that made this achievement possible.”
State Assemblyman Steve Hawley said, "I'm happy to see Empire State Development's announcement that HP Hood is expanding its operations in our region. Businesses like HP Hood play an important role in our state's agriculture and specifically the dairy industry. Their commitment to add nearly 50 new full-time employees and retention of over 450 employees will provide more support for our local economy. This announcement is great news for our district and will have a positive impact on our community and Western New York as a whole."
Genesee County Legislature Chairwoman Chair Rochelle M. Stein said, “We congratulate the family-owned dairy farms of this region for providing high quality and local milk for HP Hood's growing ESL dairy beverages. This investment by HP Hood adds to the agricultural business foundation of our county and strengthens our regional agribusiness economic synergies from farm to consumer.”
Batavia Town Supervisor Greg Post said, “The Town of Batavia is proud to be home of one of the most recognizable dairy brands in the United States. HP Hood’s growth will result in continued economic benefits to our town and even more career opportunities for our residents.”
Steve Hyde, Genesee County Economic Development Center President & CEO, said, “HP Hood's growth has already exceeded expectations at the Ag Park, and this project adds to the success of the agricultural and food and beverage manufacturing sectors, which continues to be leading employment sectors of our economy. This expansion is another endorsement of Batavia and the Ag Park's role as the leading dairy hub of the Northeastern United States and our local workforce’s talent and readiness for food and beverage manufacturing.”
Finger Lakes Regional Economic Development Co-Chair Bob Duffy, President and CEO, Greater Rochester Chamber of Commerce, said, "This expansion not only strengthens our region’s position as a hub for food and beverage manufacturing but also bolsters job creation and investment. We're proud to see this growth in Genesee County, demonstrating that our efforts to revitalize communities and drive economic prosperity are yielding tangible results. We extend our sincere gratitude to Empire State Development for their commitment to our region's economic growth and look forward to actively supporting HP Hood as they continue to expand and thrive."
Jerome E. Ware, 59, of New Rochelle, is charged with two counts of identity theft 1st and grand larceny third. Joel A. Rojas Perallon, 20, and Raul DeLeon DeLeon, 30, both of New York City, were charged with identity theft 1st, grand larceny 3rd, and scheme to defraud 1st. Ware's arrest came after a report on April 8, 2022, in Wyoming County, of a person misrepresenting himself as a Verizon Wireless employee. The person obtained account and credit card info and subsequently made purchases of four iPhone 13 Pro Max smartphones and had them delivered to an address in Mount Vernon. The total value of the phones was $5,599.96.
Ware was arrested on Sept. 26, 2022. Ware's release status was not provided. Following Ware's arrest, the Genesee County Sheriff's Office contacted Wyoming County concerning a similar case. Ware was identified as a suspect in the Genesee County case, and Perallon and DeLeon were also identified as suspects, following months of an ongoing joint investigation. DeLeon was also identified as a suspect, arrested in June, in an armed robbery of a delivery driver in Illinois. Warrants were issued for the arrests of Perallon and DeLeon. Perallon was arrested at his home in New York City on Aug. 10. DeLeon turned himself in to Wyoming County deputies on Aug. 23.
Both were arraigned and released in accordance with New York bail laws. Assisting with the investigation were NYPD, Homeland Security, and FedEx security.
Noemi Morales, 23, of Briant Avenue, Syracuse, is charged with grand larceny 3rd and conspiracy 5th. Morales is accused of stealing $8,000 in high-end fragrances from Ulta on Veterans Memorial Drive at 6:20 on April 4. She was arrested on Aug. 22 by Investigator Ryan DeLong.
Jamie Aaron Dutton, 31, of East Main Street, Batavia, is charged with tampering with physical evidence, criminal possession of a controlled substance 7th, and obstructing governmental administration 2nd. Dutton was arrested at 8:05 p.m. on Aug. 25 on Dellinger Avenue, Batavia, in a joint enforcement action by Batavia PD's Net Enforcement Team and the Sheriff's Office on a warrant issued by NYS Parole. It is alleged that Dutton fled from police on a bicycle and hid under the back deck of a residence. He allegedly attempted to discard narcotics in an attempt to conceal his possession of the drugs. Dutton was issued an appearance ticket and released.
Heather N. Holbrook, 38, of Batavia, is charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 7th. Holbrook was allegedly found in possession of a small amount of crack cocaine on July 18 at an undisclosed location in Batavia. When Officers located and arrested her on Aug. 16, she was allegedly found in possession of a large quantity of crack cocaine. She was arraigned in City Court and remanded to the Genesee County Jail on $10,000 cash bail, $20,000 bond, and $50,000 partially secured bond.
Austin RJ O’Connell, 19, of Batavia, is charged with petit larceny, criminal trespass 2nd, and criminal mischief 4th. O’Connell was arrested on Aug. 21 following an investigation into a burglary that occurred on Feb. 23. It’s alleged that O’Connell disabled a security camera, entered an apartment on Bank Street and stole property. He was issued an appearance ticket.
Adrienne S. Bechtold, 27, and Ronald J. Murray. 28, both of Batavia, are charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd. Bechtold and Murray were arrested after Genesee County Probation located drugs and drug paraphernalia during a home visit. Batavia Police Officers were then called to assist probation and process the arrests. Bechtold and Murray were each issued appearance tickets.
Terrance H. Riley, 35, of Batavia, was arrested on a warrant issued by City Court. Riley was initially arrested on Oct. 19, 2014, on a charge of harassment 2nd and resisting arrest. Riley allegedly failed to appear in court, and a warrant was issued. He was arraigned in City Court and released on his own recognizance.
Sean M. Conway, 46, of Pembroke, is charged with criminal possession of a weapon 3rd and uninspected motor vehicle. Conway was arrested on Aug. 9 following a traffic stop by a Batavia patrol officer on Washington Avenue. He was allegedly found in possession of an expandable baton. He was arraigned and released.
Brian M. Raphael, 35, of Batavia, is charged with trespassing. Raphael was located inside Aldi on East Main Street on Aug. 16 after previously being barred from the store due to prior alleged shoplifting incidents. He was issued an appearance ticket.
Crystal M. Bouter, 34, of Batavia, was arrested on an arrest warrant issued by City Court. Bouter was initially arrested on July 6 and charged with criminal mischief 4th after allegedly damaging another person’s cellphone. She was issued an appearance ticket. A warrant was issued after she failed to appear in court. Bouter was located on Aug. 16 while officers were investigating a separate incident. Bouter was arraigned and released.
Kyle J. Stack, no age provided, no residence provided, is charged with criminal trespass 3rd and failure to keep right (bicycle). Stack was arrested on Aug. 16 after officers attempted to stop him for riding a bicycle southbound in the northbound lane on South Spruce Street in Batavia. Stack allegedly fled on foot but was located a short distance away in a backyard. He was issued appearance tickets.
Ashton L. Mohney, 33, of Batavia, is charged with assault 3rd and criminal obstruction of breathing. Officers were called to an address on Ross Street, Batavia, for the report of a physical disturbance. It's alleged that Mohney grabbed the victim by the neck and punched her in the head. He was arraigned in City Court and released.
Ricky L. Miller, 41, of Batavia, was arrested on a warrant issued by City Court. Miller was initially arrested on May 24 and charged with petit larceny for allegedly stealing merchandise from Tops. He was issued an appearance ticket. A warrant was issued after he failed to appear in court. Miller was arraigned on the warrant in City Court and released.
Frank R. Cratsenberg, 63, no residence provided, was arrested on Aug. 16 on a warrant issued by City Court. Cratsenberg was arrested on June 6 for an alleged theft from Kwik Fill on Jackson Street, Batavia. He was issued an appearance ticket. A warrant was issued on July 18 after he failed to appear in court. Cratsenberg was arraigned on the warrant in City Court and released.
Ryan M. Arner, 37, of Batavia, is charged with harassment 2nd. Arner was charged after an investigation into a fight that occurred at an address on State Street on Aug. 15. It's alleged that Arner pushed and headbutted another person. Arner was issued an appearance ticket.
Aaron R. Hatfield, 38, of Lockport, is charged with petit larceny and criminal possession of a controlled substance. Hatfield is accused of stealing merchandise from Tops on Aug. 14. During his arrest, Hatfield was allegedly found in possession of a controlled substance. He was issued an appearance ticket.
Myron D. Dupler, 76, of Batavia, is charged with public lewdness. It’s alleged that Dupler exposed himself on Aug. 14 while in the area of Austin Park. He was issued an appearance ticket.
Kelli E. Wallace, 60, of Batavia, is charged with petit larceny. It's alleged that on Aug. 13 Wallace stole merchandise from Tops. She was issued an appearance ticket.
James L. Brown, 40, of Albion, is charged with petit larceny. Brown was charged after allegedly stealing merchandise on Aug. 11 from 7-Eleven in Batavia. He was issued an appearance ticket.
Paul Lee, 51, of Rochester, is charged with criminal trespass 3rd. Lee was arrested after he was allegedly found sleeping on Aug. 8 in a vacant house on Ellicott Street, Batavia. He was issued an appearance ticket.
Joanna F. Larnder, 30, of Batavia, was arrested on a bench warrant issued by City Court. Larnder was initially charged with aggravated unlicensed operation of a motor vehicle 3rd on March 23 after a traffic stop on Margaret Place, Batavia. She allegedly failed to appear in court and a warrant was issued on May 18. Larnder was arraigned and ordered to reappear at a later date.
Joshua J. Brower, 39, of Medina, is charged with DWI. Brower was arrested after a traffic stop on West Main Street on Aug. 12. He was issued traffic tickets.
Fawn M. Mobley, 51, of Oakfield, is charged with DWI. Mobley was arrested on Aug. 12 after officers located a vehicle driving on West Main Street, Batavia, with a flat tire. She was issued traffic tickets.
Andrew T. Williams, 20, of Jamestown, was arrested on a warrant issued by City Court. Williams was initially charged on April 22 with aggravated unlicensed operation of a motor vehicle 3rd and operating with a suspended registration after a traffic stop on Cedar Street, Batavia. A warrant was issued after he allegedly failed to appear in court. Williams was arraigned in City Court and released.
Ashton L. Mohney, 33, of Batavia, is charged with burglary 2nd, criminal Contempt 1st, and criminal mischief 3rd. Mohney was arrested after an investigation into a disturbance on Ross Street on Aug. 19 where he allegedly damaged property and violated an order of protection. Mohney was arraigned and remanded to the Genesee County Jail on $1,000 cash bail, $2,000 bond, and $4,000 partially secured bond.
Brian E. Daggar, 37, of Elba, was arrested on a warrant on Aug. 22. Daggar was initially charged with aggravated unlicensed operation of a motor vehicle 3rd. He was reportedly involved in a traffic accident in January 2023 in Batavia. The warrant was issued after he allegedly failed to appear in court. Daggar was arraigned and released and is due back in court at a later date.
Hunter M. Passage, 23, of Batavia, is charged with criminal trespass 2nd. It’s alleged that Passage entered a home on Washington Avenue on Aug. 22 without permission after offering to clean the house for the homeowner. Passage was issued an appearance ticket.
Lakeisha A. Gibson, 37, of Batavia, was arrested on a warrant on Aug. 19. Gibson was initially arrested on May 15. She was accused of failing to appear to testify at Grand Jury after being served a subpoena. She was issued an appearance ticket. Gibson failed to appear in court, and a warrant was issued on July 19. She was arraigned and ordered to reappear at a later date.
Adam Troy Shipwash, 43, of West Main Street, Batavia, is charged with disobeying a mandate. The Sheriff's Office provided no explanation of the charge. Shipwarsh was arrested in connection with an incident reported noon on Aug. 10 in the Town of Byron. He was jailed pending arraignment.
Jeremy John Trzecienski, 46, of Hillside Drive, Pavilion, is charged with harassment 2nd and trespass. Trzecienski is accused of entering another person's property on South Lake Road, Pavilion, at about 7 p.m. on Aug. 23, and remaining there unlawfully while fighting with another person. He was arraigned and ordered to return to court at a later date.
Rachael Marie Brown, 45, of Bethany Center Road, Bethany, is charged with driving while impaired by drugs and following too close. Brown was reportedly involved in a traffic accident at 4:36 p.m. on June 21 on Telephone Road in Pavilion. Following an investigation by Deputy Zachary Hoy, Brown was arrested on Aug. 24 and issued traffic tickets.
Michael Ford Pfenninger, 21, of Genesee Street, Alden, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Pfenninger was arrested on Aug. 23 by Deputy Ryan Mullen in connection with an incident reported at 3:57 a.m. on July 17 on Route 20 in Darien. No details on the incident were released by the Sheriff's Office. Information was not released on whether he was arraigned or issued appearance tickets. He is scheduled to appear in court on Sept. 12.
Koree Rose Stephenson, no age provided, no street address provided, of Rochester, is charged with introducing prison contraband and criminal possession of a controlled substance 7th. Stephenson was allegedly found in possession of a controlled substance while being booked into the jail at 1:50 a.m. on Aug. 27. She was held pending arraignment.
William James Flack, 50, of Sandpit Road, Alexander, is charged with harassment 2nd and criminal contempt 1st. Flack allegedly violated a "refrain from" order of protection by striking another person at 2:05 a.m. on Aug.27 at a location on Sandpit Road, Alexander. He was scheduled to appear in court of arraignment later on the day of his arrest.
Markeith Deandre Lenoir, 33, of Ruleville, Miss., is charged with DWI, driving with a BAC of .18 or greater, and insufficient tailamps. Lenoir was stopped at 1:35 a.m. on Aug. 29, on West Main Street, Batavia, by Deputy Jeremiah Gechell. He was released on traffic tickets.
Matthew J. Zon, 42, of Warsaw, is charged with aggravated criminal contempt and aggravated family offense. Zon was arrested in the Town of Byron by State Police in connection an incident reported at 3:14 p.m. on Aug 29. He was ordered held in jail. No further information was released.
David C. Stephens, 58, of Batavia, is charged with criminal contempt 1st. Stephens was arrested by State Police in connection with an incident reported in Stafford at 5:42 p.m. on Aug. 23.
Amanda N. Holbrook, 36, of Bergen, is charged with DWI. Holbrook was stopped by State Police in the Town of Bergen at 8:30 p.m. on Aug. 23 and released on an appearance ticket.
Like every other school district in the nation, Pavilion Central School District teachers and administrators are frustrated by the distractions and problems created by students with mobile communication devices, particularly mobile phones.
"When you ask teachers, what's the one thing we could do to get kids more focused in school and in the classroom, it would probably be the removal of cell phones," said Charles Martelle, Pavilion's high school principal. "That doesn't mean we can come up with a way to do it that doesn't cause more distractions."
It's a problem even in elementary school, said principal Tom Wilson, and Carin Wade, a ninth-grade language teacher, chimed in with, "It's awful."
She added, "They can put it in their pockets and you don't even see it. They can text without looking at their phones. I mean, you've got 25 kids in a classroom and you can't -- it's terrible."
During the discussion of outright bans, Wade said it's been tried at Pavilion, and parents complained.
Parents, one administrator said, are part of the problem.
"I understand the safety side of it, but at the end of the day, parents shouldn't be texting their kids during class," he said.
"And they know they are," Wade said. "They know their kids are in class, and the kids will be like, 'But it's my mom,' and I'm like, 'OK, but you're in class. I don't understand.'"
The policy for 2023-24 will be the same as last academic year, which uses a color-coded system to let students know where and when they can touch their phones.
In the green zones -- hallways and the cafeteria, they get close to unlimited access to their phones (they're not supposed to take pictures or make audio or video clips). In gold zones, such as most classrooms, they can only access a phone with teacher permission. And in red zones, phones cannot be touched or displayed at all. This includes bathrooms, locker rooms, and the auditorium.
If a student is caught in violation of the policy, a staff member can collect the phone and leave it in the main office, where a parent or guardian must pick it up.
The discussion at Monday's meeting indicated even this policy leaves much to be desired when it comes to limiting distractions caused by electronic devices.
Schools have tried outright bans, but Martelle said there's no evidence these bans achieve favorable outcomes. Some schools have tried lockable pouches that students must store the device during the school day, getting the pouch unlocked by a staff member at the end of the day, but some school districts, Martelle said, found that students use "burner phones," phones they don't really use, to dump in the pouches.
"If there's a plan that actually worked and serves our interests that was more strict, we would use it," Martelle said. "I think a lot of schools are (implementing more strict policies), so we'll be able to look at articles and literature and studies. Right now, it's really up in the air. The studies as to whether or not schools that have done this versus those that haven't, the studies are really kind of inconclusive. We're looking at different things as to whether it actually improves anything in schools or not or whether it's effective."
He said administrators are open-minded about finding a better way of dealing with the problem.
"It's a very difficult problem right now," he said.
Matthew Starowitz arrived at Empire Hemp early this afternoon, well before the 1 p.m. opening time for legal cannabis sales, with the goal of being the first customer to make a legal weed purchase in Batavia.
Goal accomplished.
"That's the way I was raised," Starowitz said. "You support local people, and so you're there; you're the first one."
It's been a struggle to bring legal cannabis sales to Batavia as state regulators figure out the ins and outs of licensing and legal distribution. Empire Hemp has had products ready to sell for some time. With the "pop-up" store, called the Cannabis Growers Showcase, opening on Tuesday, they've been allowed to open to cannabis buyers on a limited basis.
The adult-use dispensary for licensed cultivators of high-quality cannabis products will run from 1 to 7 p.m. every Tuesday through Saturday through Dec. 30.
It provides local shoppers with the opportunity to purchase certified cannabis products, but the showcase opens the door for Empire Hemp to sell its THC products as well. Typically, the state doesn’t allow one company to be a grower, a processor and a retailer, VanDusen said, and this will allow his company to sell Empire Hemp products through Dank as the retailer set up within Empire Hemp shop.
Starowitz said he was happy the long process of marijuana legalization has gotten to the point that there is now a locally owned and operated retail location in Batavia.
"I've smoked it since I was like 12 years old," Starowitz said. "I'm 35 years old now. I have always loved it. It's just always been that way. So now that it's legal 100 percent, I'm going to support it locally."
He purchased several different products as a kind of sampler.
"I feel like I just want to sample everything that they have here, at least as far as sativa and sativa hybrids, because then I'll figure out what I like, you know," Starowitz said. "I think that this is better than the stuff I'll ever get from the Res because a lot of their stuff is unregulated. It's not lab-tested. At least this here is legit and lab-tested."
Why sativa?
"Because with indica, I feel like I get too lazy, and I really don't want to do too much," Starowitz said. "Whereas with sativa, I'm always active and going around and doing things. "I'm a vegetable farmer, so sativa is for me as the way to go. This way, I don't get lazy."
Previously: Making history: first-time legal cannabis sales begin Tuesday at Empire Hemp in Batavia
Rex Eighmey, the director of facilities for the Pavilion Central School District, gave the Board of Education on Monday a complete rundown of all the work his staff is performing during the summer months.
It's more than just keeping the lawns mowed and the floors buffed -- which board members praised as always extra shiny -- it's repairs and upgrades, among other items.
A few of the items he mentioned:
Among several other items that have kept work crews busy all summer.
The Pavilion Central School District Board of Education members warmly welcomed Deputy Trevor Sherwood as the district's new School Resource Officer at their Monday evening meeting.
Sherwood's new position begins with the start of the school year, and he said he's excited to get going.
He said the job is a chance to have a positive impact on the lives of young people.
"I grew up here -- not necessarily in Pavilion, but in Batavia, just down the road," Sherwood told The Batavian after the meeting. "The biggest thing is I have a younger brother who is still in high school. I think I can be a positive role model."
A former star athlete in basketball and baseball at Batavia High School, Sherwood said one of the aspects of the job he's looking forward to is supporting the Golden Gophers in their athletic programs. He's on board, he said, with Gopher Pride.
"I've always tried to be a positive role model, especially in sports," Sherwood said. "I've been out of touch with (sports) for years. I've coached previously, junior league baseball and stuff like that years ago, and I thought one of the biggest things is that it would be cool to be around sports again."
A former parochial school principal in Batavia who admitted to a course of sexual conduct with a child less than 11 years old is facing the possibility of having his interim probation revoked.
A hearing will be held in October to help Judge Melissa Lightcap Cianfrini determine if he's violated the terms of his probation by telling probation officers that, contrary to his guilty plea, he has never been sexually attracted to children.
When Jason Clark, who was principal at St. Paul Lutheran School, entered his plea, District Attorney Kevin Finnell said Clark made a factual admission, by definition of his guilty plea, that he had sexual contact with a child to satisfy his sexual desires.
Clark's statement to a probation officer during his pre-sentence investigation interview, according to Finnell, is that Clark isn't and never was sexually attracted to children, and that statement, Finnell asserts, is inconsistent with his sworn admission in court.
That constitutes a violation of the warnings Clark was given by Cianfrini at the time of his guilty plea.
In June, Clark entered a guilty plea to sexual conduct against a child in the second degree, Class D felony. Under the terms of the plea, Clark agreed to surrender his teaching license and was placed on interim supervision by the Probation Department for one year.
If he successfully completes interim probation, Clark can change his plea to endangering the welfare of a child, which is a misdemeanor.
As part of his plea, Clark made a factual admission that he touched the chest of a female child two or more times over a period of time not less than three months in duration.
Cianfrini ordered a hearing, which will likely include testimony from the probation officer, for 10:30 a.m. on Oct. 17.
Clark was named principal at St. Paul in June 2019 and served in that position until sometime in 2022. He was arrested in January.
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