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Photos: Yo Twisters, frozen yogurt shop, opens in Downtown Batavia

By Howard B. Owens

Batavia's new frozen yogurt shop, Yo Twisters, on Jackson Street, officially opened late this afternoon, and as soon as Mercedes Rivera, left, and Tesla Phelinger heard the shop was open they headed right down.

They had sampled the frozen yogurt before and couldn't wait to try it again.

At Yo Twisters, when a customer walks in, he or she is directed to the back the store where the frozen yogurt machines are -- 15 of them. You can mix and match any flavors you like, and then top with any of a large variety of toppings.  You then pay according to the weight of your cup. 

Car crash on Alexander Road in Alexander

By Billie Owens

A two-car accident is reported at 9864 Alexander Road. It is blocking traffic. One person is said to have chest injuries. There was air bag deployment. The location is between Peaviner and Lang roads. Alexander Fire Department and its Ambulance Service are responding.

UPDATE 6:18 p.m.: Alexander ambulance is transporting one patient to UMMC.

UPDATE 6:26 p.m.: The patient is a 41-year-old female with chest pain.

Sponsored Post: St. Joseph's School launches fund raising campaign!

By Lisa Ace

SJS Launches Fund Raising Campaign! Also Calling for Alumni Nominations.

Batavia, NY – St. Joseph Catholic School is pleased to announce the establishment of the All Apostles’ Society, an annual giving society aimed at creating sustainability for the school. Alumni Tom and Jean Lichtenthal have agreed to act as honorary co-chairs for the campaign, which hopes to raise $50,000 by the end of the year.

With the closing of Holy Family School in Le Roy last year, the school has swelled to 300 students from 14 school districts and four different counties. While enrollment remains strong, school officials would like to guarentee the school remains viable for years to come. Principal Karen Green believes the time is right for the school to kick off this initiative.

“We have tremendous support from the church, our families and staff, and the community at large but we want to take steps now to ensure that St. Joe’s will be a vibrant part of the community for years to come,” Green said.

The campaign will be led by Development Director Chad Zambito and supported by the school’s advisory committee including Bryan Winters, a former Holy Family supporter that has made the transition to St Joe’s.

“It was difficult for us to witness the closing of Holy Family but we are very happy with St. Joe’s and want to make sure that parents in Genesee County and the region have an option to provide a Catholic education for their children,” Winters said.

The Lichtenthals both attended St. Joe’s and sent their three children to the school as well.

“St. Joe’s teaches so much more than academics, it gives these children a solid foundation of knowledge, morals and values that they can build on for the rest of their life," Tom said. “We have been involved in committees and fundraisers in the past and are looking forward to helping the school take another step toward sustainability.”

The campaign will kick off with a reception at T.F. Brown’s in Batavia on Aug. 22.

Meanwhile, officials have announced that the 54th annual Popcorn Ball will be held on Oct. 26 and will feature a “Corks and Forks” theme. Nominations are now being accepted for Outstanding Alumni awards.

For more information about the All Apostles’ Society or the Popcorn Ball, call 343-6154 or visit www.sjsbatavia.org.

SCOPE President: SAFE Act pushing gun owners toward greater political awareness

By Howard B. Owens

Since passage of the SAFE Act, membership in SCOPE (Shooters Committee on Political Education) has more than doubled, Steve Aldstadt, the group's state president, told the Genesee County chapter last night.

There are now 5,400 members and new members continue to join at a record pace.

"Unfortunately it took something like the SAFE Act to get everybody aware and involved," Aldstadt said.

With some four to five million gun owners in New York, he thinks there are enough votes among those who value the Second Amendment to sway any statewide election.

SCOPE is pursuing a multi-election strategy aimed at eventually getting the SAFE Act repealed.

This year, SCOPE is concentrating on county legislature elections with a goal of voting out some of the legislators across the state who voted against a resolution calling for the repeal of the SAFE Act.

"If we can get rid of a few of those legislators who supported the SAFE Act this year, it will make a definite impact on those state legislators who are going to be on the ballot next year in 2014," Aldstadt said.

Working with the Freedom Coalition, SCOPE is helping to organized the Freedompalooza Concert in Altamont, which is Aug. 24.

That will act as a fundraiser for a massive voter registration drive of gun owners. SCOPE will work to identify gun owners who aren't registered to vote and get them registered.

"We are not a minority in this state," Aldstadt said. "We have enough people to effect any statewide election and win."

Changing the name of the governor will take more than just more voters, Aldstadt acknowledged. The GOP also needs to find a good candidate to run against Andrew Cuomo.

"Cuomo can definitely be beat," Aldstadt said. "He has so many negatives right now. It's just a matter of the opposition coming up with a credible candidate."

If the pieces fall into place, those politicians who supported the SAFE Act might be surprised at the results, Aldstadt said.

"I think when they passed this law, they thought people were going to get upset for a little bit, maybe have a protest or two, and then it would all go away," he said. "Well, it's not going away."

For more information about SCOPE, visit the Genesee County chapter's Web site.

Law and Order: Woman accused of fighting on State Street, wearing only a T-shirt

By Howard B. Owens

Shante R. Williams, of 112 State St., upper, Batavia, is charged with assault, 3rd, obstructing governmental administration, 2nd, resisting arrest, disorderly conduct, exposure and trespass. Williams is accused of getting into an alleged altercation at 122 State St. at 1:10 a.m. When patrols arrived, Williams was allegedly wearing only a T-shirt. Williams allegedly resisted arrest.

Matthew D. Derrick, 28, of East Main Street, Le Roy, is charged with criminal possession of a weapon, 3rd, and menacing, 2nd. Derrick was arrested Friday by Le Roy PD after patrols were called to his residence on a complaint of a fight. He is accused of threatening a family member with a weapon. Derrick was jailed on $1,000 bail.

Tessecca T. Tundo, 25, of 130 W. Main Street, Room 5, Batavia, is charged with driving while impaired by drugs and unlicensed driver. Tundo was allegedly found driving while under the influence of drugs at 5:58 p.m. Friday, following an incident at 127 North St., Batavia.

Thirty-six people arrested or issued citations at John Mayer concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Sheriff's Office during the John Mayer Concert at Darien Lake Performing Arts Center on Tuesday.

Robert M. Murphy, 34, Brixton Trail, Webster, is charged with two counts of assault, 3rd, after allegedly causing two Live Nation security guards injuries while he was being ejected from the venue. One security guard sustained a broken finger and the other Security Guard sustained a severe laceration to his head. Murphy was arraigned in Darien Court and remanded to jail in lieu of $500 bail.

(name redacted upon request), 16, Huntington Court, Williamsville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Christian R. Amering, 18, Landing Road, North Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Casey A. Hanson, 19, Monroe Street, Brockport, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Abby E. Vitale, 16, Beanpole Circle, Farmington, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Zachary J. Manners, 19, Lori Lane, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Chase A. Squires, 18, Pinyon Court, Clarence Center, is charged with unlawful possession of marijuana and possession of alcohol under age 21 after allegedly being found in possession of marijuana and alcohol being under age 21.

Lauren J. Baldwin, 21, Newhouse Road, East Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

James R. Roberts, 19, Campbell Boulevard, Getzville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Maxwell J. Gerling, 18, Ross Common Crescent, Fairport, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Sarah M. LeGrett, 18, Lantern Lane, Honeoye Falls, is charged with false personation after allegedly providing a false name.

Kevin M. Burke, 17, Chase View Road, Fairport, is charged with disorderly conduct, unlawful possession of marijuana and possession of alcohol under age 21 after allegedly causing a disturbance in the concert entrance. Burke was also allegedly found to be in possession of marijuana and alcohol being under age 21.

Elizabeth E. Desino, 23, Crestview Drive, Pittsford, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

The following people were issued citations for alleged possession or consumption of alcohol under age 21:

Michael B. McLaughlin, 18, Hillcrest Drive, Penfield
Bryan M. Smith, 20, Charnick Drive, Adams
Jacob M. Witkin, 19, Old Farm Circle, Williamsville
Robert J. Rummings, 19, Campbell Boulevard, Getzville
Teresa M. Braun, 19, Chestnut Crescent, Rochester
Joshua C. Eidem, 18, Bromley Road, Pittsford
Jessica L. Shafer, 18, Blanchard Street, Jamestown
Brianna L. Harris, 18, Van Buren Street, Jamestown
Jacob D. Richter, 19, Beanpole Circle, Farmington
Magdalyn T. Meyers, 19, Niagara Parkway, Stevensville, Ontario, Canada
Allyson J. Fleck, 18, Heritage Drive, Lancaster
Tyler D. Guarasci, 20, Williamsburg Lane, Lancaster
Ryan A. Massino, 18, Division Street, Lancaster
Leanna A. Sherman, 20, Ellington Drive, Rochester
Amber R. Shechter, 19, Pebble Hill Road, Fairport
Emily B. Rosen, 19, Valley Brook Lane, East Amherst
Alyson A. Plucknette, 19, Elmford Road, Rochester
James D. Cairns, 20, Walworth Road, Ontario, Canada
John R. Wise, 18, Downsview Drive, Rochester
Abigail C. G. Caswell, 19, Washburn Street, Lockport
Eric J. Booth, 20, Elmwood Place, Sherrill
Kyle B. Pendell, 18, Wincanton Drive, Fairport
Gregory J. Deppas, 18, Park Street, Jamestown

Traffic delays on Richmond expected during milling

By Howard B. Owens

Richmond Avenue, between Oak Street and State Street, will be milled Thursday and Friday between 7 a.m. and 4 p.m.

Expect traffic delays while the work is taking place.

The following intersections will be subject to temporary closure during the work: Prospect Avenue, Ellicott Avenue, New York Place, Buxton Avenue and Verona Avenue.

Drivers are asked to not to park on the roadway during milling operations.

Residents and businesses will have access to their properties during milling work, but delays are possible when the work is being done in front of their properties.

All other traffic is asked to avoid the area.

The roadway is being prepared for repaving, which should take place in a couple of weeks.

Sentencing postponed for Pavilion property owners who stored disabled vehicles

By Howard B. Owens

In Pavilion Town Court today, Pavilion Attorney Jamie Welch agreed that Steven Weber has complied with a requirement to remove illegally stored vehicles from his property at 11076 Lake Road.

There are still at least a dozen vehicles that need to be removed from the property of his parents, Jacob and Mary Weber, at 11256 Perry Road, Pavilion.

Because of the progress Weber has made, his attorney, Richard Sherwood, and Welch reached an agreement to delay Weber's sentencing for two weeks in order to give him more time to remove the disabled vehicles from his parent's property.

On July 9, Steven Weber entered a guilty plea to a 15-count indictment accusing him of violating the state's property maintenance code. Jacob Weber admitted to 46 such violations.

Both were scheduled to be sentenced today, but the sentencing has been postponed until Aug. 27.

In exchange for the delay, both agreed to waive their right to appeal whatever sentences they receive.

Under a prior plea agreement, Jacob Weber will not receive any jail time, but he could still be fined a maximum of $750 per violation of the code. 

Steven faces the possibility of jail time plus a $350 per-violation fine.

Jacob's fine is higher because of a prior conviction on the same charges within the past five years.

In court today, Steven disputed that there were really 15 violations on his property, saying that there were only 11 disabled, unregistered vehicles on his property. Sherwood reminded him he had already entered a guilty plea to 15 counts.

Sherwood said there are 18 remaining cars on Jacob's property that Steven owns. At least six of the vehicles are in fact licensed. Of the remaining cars, they haven't been removed because the brakes have seized and the wheels can't turn.

Sherwood said those cars will need to be jacked up and the brakes repaired or removed before the wheels will turn and the cars can be placed on flatbed trailers and hauled away.

While Welch was willing to go along with a delay in sentencing, he wasn't willing to give the Webers much credit for progress made.

"We disagree with the defendant that he has made a lot of progress," Welch said. "In March he received a letter containing all the charges and nothing was done. Several months went by with no progress. Now he tells the court the cars are in such a state of disrepair from their long storage that their wheels are seized and some of them need to be dug out of the earth. We are trying to work with Mr. Weber here. We've given him every chance. If he comes back in 14 days and there's a single violation, the court will have full discretion to sentence him up to the maximum."

When asked if he understood the terms of the extension, Steven Weber said he did, but wanted to dispute some of the statements made by Welch.

When his attorney tried to quite him, Steven said, "but it ends up in The Batavian and I don't appreciate what winds up in The Batavian."

Prior to the hearing, Weber spoke with The Batavian briefly and said the stories about his case have been inaccurate. He said his cars are not junk. He said he wasn't willing to talk further at this time.

Sherwood told Weber he will be able to tell the court anything he wants about the case at his sentencing on Aug. 27.

Entrepreneur's new business will bring snacks and treats right down your street

By Howard B. Owens

You've heard of ice cream trucks coming down your street, but what if that ice cream truck could also bring you Big Pauly's pizza, or a hot dog, or chips and a soda?

That's kind of the thought Victor Thomas had when he decided to start his new business, the Quick Fix Snack Shack.

It's a snack shop on wheels.

Just like an ice cream truck, Thomas rolls down residential streets playing ice cream truck music (and some modern songs sampled to sound like ice cream truck music) in the hopes you'll want a snack.

Thomas started his new business two weeks ago and has taken it through Batavia, Le Roy and Elba. When we ran into each other today, he was headed to the yogurt plants to see how he might do with the lunch crowd for the first time.

He hopes to add other food items as the business grows, including this winter, soups, hot cocoa and coffee.

Donations needed for Le Roy Christian Community Project's big annual fundraiser to help children

By Billie Owens

Information from Le Roy Christian Community Project:

With fall just around the corner and the new school year quickly approaching, the Le Roy Christian Community Project (LCCP) needs your support!

Local businesses and citizens are asked to be a sponsor or contribute donations for our Annual Live and Silent Auction, which is set for Sept. 21. This is our largest fundraiser of the year. Donations of merchandise or gift cards are greatly appreciated.

These contributions support the children and youth of Le Roy and help them become responsible adults through the work of the LCCP. When you contribute to this event, you are not only contributing to a community organization, you are advertising your company and merchandise.

To make a contribution, contact the LCCP:

  • Address -- 7 E. Main St., Le Roy 14482
  • Phone -- 768-7540
  • Web address -- leroychristiancommunityproject.org

The LCCP is a grassroots organization that has been serving Le Roy and its surrounding communities since 1998. We believe that children and youth are vital community assets that must be nurtured and cared for by their communities.

We offer a variety of programs for them, including an After School Program, Summer Day Camp, and a Teen Drop-In Center. These programs and activities provide a "safe haven" where children and youth can find mentoring, academic support, recreational opportunities (such as dance and theater instruction), social skill building and ways to give back to the community through service projects. The programs are offered at little or no cost to participating families.

Barn fire on Sumner Road in Darien

By Billie Owens

The homeowner of property at 2044 Sumner Road reports the barn is on fire. Darien Fire Department is responding along with mutual aid from Corfu and Alexander. The location is between Harper and Walker roads, at the bottom of a hill. There is a truck inside the barn, according to the homeowner, but no hay or animals. Firefighters are told there is a creek to draw water from across from the property.

UPDATE 10:26 a.m.: The blaze is said "to be going pretty good."

UPDATE 10:37 a.m.: "We've pretty well got it knocked down." Equipment at the scene will suffice; those still heading to barn are told to proceed non-emergency.

UPDATE 10:40 a.m.: The barn fire is knocked down and they are starting overhaul.

UPDATE 10:57 a.m.: The fire is out and firefighters are picking up their equipment and preparing to leave.

UPDATE 11:09 a.m.: The assignment is back in service.

New commander put in charge of NYSP Troop A

By Howard B. Owens

Major Michael J. Cerretto has been appointed commander of Troop A, NY State Police.

Here is a brief overveiw of his career with the State Police:

Major Michael J. Cerretto, 48, is a Navy veteran with more than 26 years of service with the New York State Police. He started his State Police career in 1987, serving as a uniform trooper in Troop E, Monroe County.

Cerretto was promoted to sergeant in 1991 and was assigned to Troop K, Westchester County. In 1992, Cerretto was transferred to Troop A where he was promoted to the position of Sergeant/Station Commander serving in Wellsville and Batavia.

In 1994, he was assigned as an Investigator with the Bureau of Criminal Investigation (BCI) to work in the Southern Tier Regional Drug Task Force. He received his promotion to Lieutenant in 1996 working as both Uniform and BCI Lieutenant in Troops A and E. He is a graduate of 190th session of the FBI National Academy, in Quantico, Va.

In March 2003, Cerretto was promoted to Captain, accepting an assignment to the Internal Affairs Bureau in Syracuse. He returned to the uniform division in 2005, taking command of the Rochester area in Troop E.

In June 2013, Cerretto returned to Troop A, as the acting Troop Commander, receiving his promotion to Major in July. He is the 22nd Troop Commander in the 96 year history of Troop A.

As Troop A Commander, Cerretto oversees the State Police patrol and investigative operations in the eight (8) counties of Western New York. Under his command will be more than 453 civilian and sworn personnel.

Photo by Howard Owens.

Law and Order: Seven Springs resident charged with harassment after argument with neighbor

By Howard B. Owens

Joseph Andrew Hernick, 64, of Seven Springs Road, Batavia, is charged with harassment, 2nd. Hernick is accused of being verbally abusive and attempting to be physically intimidating toward a neighbor.

James A. Hancock, 44, of 318 E. Main St., Apt. 6, Batavia, is charged with aggravated criminal contempt. Hancock allegedly violated an order of protection while having a prior criminal contempt conviction within five years.

Patrick O. Spikes, 32, of 16 Hutchins Place, Batavia, is charged with criminal mischief, 3rd. Spikes is accused of damaging property of another person valued at more than $250 during an alleged incident on Holland Avenue at 2:30 a.m., Saturday.

Keluan B. Williams, 24, of 109 Summit St., Apt. 2, Batavia, is charged with acting in a manner injurious to a child less than 17 years old. The alleged incident was reported at 3:30 p.m., Saturday. No further details released.

Danny D. Williams, 24, of 18 East Ave., upper, Batavia, is charged with aggravated unlicensed operation and consuming alcohol in a motor vehicle on a public highway. Williams was allegedly found driving at 6:54 p.m. Saturday on Hutchins Place by Officer Chad Richards. At the time of the traffic stop, Williams allegedly had an open can of Natural Light beer in the driver's side cup holder.

Brandi A. Watts, 32, of Indian Falls Road, Corfu, is was arrested on a warrant yesterday following a court appearance on an unrelated matter. Watts is accused of failure to pay a fine on an overnight parking ticket in the City of Batavia.

Eric Alexander Ion, 40, of Brant Road, Brant, was arrested on bench warrants related to charges of criminal contempt, 1st, and assault, 3rd. Ion is accused of failing to appear on these charges. Ion is currently being held on bail in the Genesee County Jail on matters in Family Court.

Faith Brenda Obeirne, 45, of Mt. Read Boulevard, Rochester, was arrested on warrants for alleged petit larceny and criminal possession of a controlled substance. Obeirne was arrested by Rochester PD and turned over to the Sheriff's Office. Obeirne was jailed on $1,000 bail.

Conor Patrick Wilkes, 25, of Lewiston Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Wilkes was stopped at 1:31 a.m. Saturday on Veterans Memorial Drive, Batavia, by Deputy Patrick Reeves.

Justin Joseph Caryl, 26, of Maple Street, Batavia, is charged with petit larceny. Caryl is accused of stealing $25.94 in merchandise from Walmart.

Jake Philip Myers, 23, of Maple Avenue, Oakfield, is charged with DWI, driving with a BAC of .08, failure to keep right and no or inadequate headlights. Myers was stopped at 1:48 a.m. Saturday on Edgerton Road, Elba, by Deputy Joseph Corona.

Evelio Rodriguez-Santiago, 46, of Bergen, is charged with petit larceny. Rodriguez-Santiago is accused of stealing an item of value at a location on Church Street, Bergen, at 6:15 p.m., Saturday. Rodriguez-Santiago was arrested by State Police. No further details released.

Timothy J. Poblocki, 24, of East Bethany, is charged with DWI and driving with a BAC of .08 or greater. Poblocki was stopped at 1:45 p.m. Sunday on Route 20, Alexander, by State Police.

Jennifer N. Bujnowski, 39, of Batavia, is charged with petit larceny. Bujnowski is accused of shoplifting at Walmart.

Photos: Bees covered in pollen

By Howard B. Owens

Stacy McCarthy shared these photos she took in her yard yesterday of pollen-covered bees going about their business.

Town of Le Roy supervisor arrested following alleged incident with neighbor

By Howard B. Owens

An ongoing dispute between property owners in Le Roy reportedly became physical this morning and one of the neighbors, Stephen R. Barbeau, the Town of Le Roy supervisor, was arrested by Le Roy PD.

Barbeau, 55, of 9 Filmore St., Le Roy, is charged with harassment, 2nd.

According Barbeau's neighbor, Pete McQuillen, Barbeau was upset because a tree on McQuillen's property fell and Barbeau believed a portion of the tree came down onto his property.

"He bull rushed me and blew me back into some stumps we'd already cut," McQuillen said.

McQuillen suffered a minor sprained shoulder and he said he will see an orthopedic specialist tomorrow about neck pain.

Barbeau said that this was the third time one of McQuillen's trees has fallen onto his property. One time, he said, the tree damaged his house. This morning when it happened again, he went onto McQuillen's property.

"It was quite heated," Barbeau said. "He got heated right back. I pushed him with my hands open on his chest and he fell to the ground."

It was Barbeau's wife who called the police, Barbeau said.

Harassment in the second degree is a violation (in other words, it's not as high as a misdemeanor).

McQuillen and Barbeau live nearby each other, but the ongoing dispute involves property McQuillen owns that is adjacent to Barbeau's. 

McQuillen had plans to build 26 single-family homes for people 55 and over on the property.

After McQuillen believed he won the right to move forward with the development, Barbeau joined in a lawsuit with neighbor David S. Boyce against the town planning board claiming the development was not properly approved. The suit eventually lead to McQuillen's plans being scuttled.

McQuillen is now building other structures on the property and that's another point of contention. McQuillen said he's doing everything within code. Barbeau said he is not.

Barbeau also accused McQuillen of storing junk on the propety and clearing away brush and trees that destroy any privacy barrier.

"He's never met a tree he doesn't like to take down," Barbeau said.

Barbeau was arraigned in Town of Le Roy Court and released on his own recognizance. Town Justice Daryl Sehm also signed an order of protection.

Top Items on Batavia's List

The Batavia Housing Authority is seeking a positive, hardworking teammate to perform a variety of outdoor landscaping tasks, primarily mowing, with some trimming and cleanup work. The Groundskeeper is independently responsible for outdoor landscaping tasks on a weekly basis with some flexibility. This job may require some weekend hours when necessary. Part-time position Pay Range: $19.00/hr - $22.00/hr Anticipated start date: May 2024 Application deadline: April 29, 2024 See full job description at: https://www.co.genesee.ny.us/Groundskeeper.pdf Complete Civil Service Application at: https://cms1files.revize.com/geneseecountynew/CivilServiceApplication2022Revision-09.22.22.pdf Contact Information Nathan Varland Executive Director Batavia Housing Authority 400 East Main Street, Batavia, NY 14020 (585) 344-1888 nvarland@bataviahousing.org Location: Batavia
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