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Apparent construction office for Savarino Companies removed from Ellicott Station site

By Howard B. Owens
savarino ellicott station
A worker for A-Verdi Storage Containers loads what was apparently the on-site construction office for Savarino Companies at Ellicott Station onto a flatbed before removing it from the site at 5 p.m. on Thursday.
Photo by Howard Owens. 

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.

savarino ellicott station
Photo by Howard Owens

Residence on East Avenue raided, neighbors report loud bangs

By Howard B. Owens
15 east avenue raide
Investigators examine what appears to be a surveillance camera mounted outside the entrance 15 East Ave., Batavia.
Photo by Howard Owens

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.

raid on 15 east avenue
Deputy Erik Andre with a dog that was removed from one of the apartments.
Photo by Jim Burns.
raid on 15 east avenue
Photo by Jim Burns
15 east avenue raide
Photo by Howard Owens
15 east avenue raide
Photo by Howard Owens
15 east avenue raide
Photo by Howard Owens
raid on 15 east avenue
Photo by Jim Burns
raid on 15 east avenue
Sign on what appears to be the doorway on the Columbia Avenue side of the residence.
Photo by Jim Burns.

Driver flees after striking parked car on South Jackson, Batavia

By Howard B. Owens
chevy suburban accident south jackson
The suspect vehicle.
Photo by Howard Owens.

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.

Remote video URL
chevy suburban accident south jackson
Photo shows the point of impact, where the SUV struck the parked sedan and pushing it forward about 8 to 10 feet.
Photo by Howard Owens

Photos: Readers spot skywriting promoting Wings over Batavia

By Howard B. Owens
Tom Maier skywriting airshow
Photo taken in Rochester by Tom Maier.

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.

Allison Luckenbach airshow
Photo by Allison Luckenbach.
frank capuano airshow
andre miller skywriting
Photo by Andre Miller
batavia air show arrivals aug 29 2023
Nathan K. Hammond arrived in Batavia on Tuesday in his Chipmunk skywriting plane.
Photo by Howard Owens.

HP Hood in Batavia planning expansion

By Howard B. Owens
HP Hood Ag Park
The HP Hood facility in the Genesee Valley Agri-Business Park in May 2023
Photo by Howard Owens.

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."

Law and Order: Multi-agency, months long investigation yields three suspects in mobile device fraud

By Howard B. Owens
jerome ware
Jerome E. Ware

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.  

rojas perallon
Joel A. Rojas Perallon

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.  

deleon
Raul DeLeon DeLeon

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 holbrook
Heather N. Holbrook

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.

Pavilion, like a lot of schools, grappling with 'terrible' problem of students with mobile phones

By Howard B. Owens
pavilion schools mobile phone policy
Charles Martelle, high school principal, and Carin Wade, foreign language teacher, during the discussion of mobile device policy at Monday's Board of Education meeting for the Pavilion Central School District.
Photo by Howard Owens.

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.

Elba farmer makes Batavia's first legal weed purchase at Empire Hemp

By Howard B. Owens
empire hemp first legal weed purchase
Historic moment: Matthew Starowitz, an Elba farmer, makes the first legal marijuana purchase in Batavia at a new dispensary inside Empire Hemp.
Photo by Howard Owens.

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

empire hemp first legal weed purchase
Empire Hemp's Chris VanDusen opens the door to his shop at 1 p.m. for the first time with a legal pot dispensary.
Photo by Howard Owens.
empire hemp first legal weed purchase
The first potential customers for the new legal marijuana dispensary in Batavia enter the store."
Photo by Howard Owens.
empire hemp first legal weed purchase
Photo by Howard Owens.
empire hemp first legal weed purchase
Photo by Howard Owens.

Pavilion school board gets run down of busy summer for facilities team

By Howard B. Owens
rex-eighmey-pavilion-maintenance
Rex Eighmey, Pavilion Central Schools, director of facilities.
Photo by Howard Owens.

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:

  • Clean all furniture, windows, floors, ceilings;
  • Perform maintenance on the HVAC system;
  • Unpack and assemble new furniture that comes in and place in the appropriate rooms;
  • Retrofit some of the high-pressure sodium lights outside with LEDs;
  • Clean and repair concession stands at sports fields;
  • Maintain and repair sports fields;
  • Repair baseball and softball dugouts;
  • Replace some whiteboards and blackboards in classrooms; and,
  • Replace condensation pumps in the cafeteria.

Among several other items that have kept work crews busy all summer.

Pavilion's new SRO welcomed to school district at Monday's board meeting

By Howard B. Owens
deputy trevor sherwood
Deputy Trevor Sherwood
Photo by Howard Owens

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."

pavilion board of eduction sherwood
Front row, left: Rebecca Dziekan, Margaret Gaston, Callin Ayers-Tillotson, Marirose Ethington; back row, Christopher Jeffres, Kevin Stefan, Trevor Sherwood, and Jeff Finch.
Photo by Howard Owens

Former parochial school principal suspected of violating terms of plea agreement

By Howard B. Owens
Jason Clark

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.

Police respond to Oak Street after receiving calls reporting gunshots in the area

By Howard B. Owens
shots fired
Investigators marked possible evidence locations on Oak Street, Batavia, following a report of gunshots in the area on Monday night.
Photo by Howard Owens

Police are investigating what appears to be a case of gunshots fired on Oak Street at around 10:50 p.m. on Monday night.

Witnesses said they heard five or six shots but that whoever was involved fled the scene quickly.

At about 10:50 p.m., dispatchers asked a patrol officer to switch to LE Secure (the encrypted channel for police communications), and another officer responded that he had heard gunshots while he was still inside the police station. 

The dispatcher said the 9-1-1 Center had received multiple calls.

A short time later, an officer reported that he had a person in custody, but a police source said that information was incorrect.

There is currently no official source of information available, and a police source said it is too early in the investigation to release much information.

A source said there are no reported injuries at this time.

There are City PD and Sheriff's patrols on scene on Oak Street, between La Cross Avenue/Charles Street and Allen Street.  There are also patrols strategically placed elsewhere in the city, but we've been unable to confirm that a suspect or suspects are still at large.

shots fired
Photo by Howard Owens

House on Prune Street heavily damage from fire that started in garage

By Howard B. Owens
10 prune street fire

There were no injuries, not to the residents, firefighters, nor to the family pets in a fire at 10 Prune St., Batavia, this evening, but there was significant damage to the residence, said City Fire Chief Josh Graham.

The garage, where the fire started, is a total loss.

"There is significant damage to the second story," Graham said. "It's pretty well a total loss, and there is a lot of water and smoke damage on the first floor."

Graham said City Fire received a call at about 6:22 p.m. of smoke coming from the garage.

"Crews saw smoke as soon as they pulled out of the fire station (on Evans Street)," Graham said. "When they got on scene, the garage was fully involved with an extension into the house. They declared a second alarm, and the Town of Batavia responded, Elba responded."

The residents were out of the house, and a dog and cat also escaped safely, Graham said.

The streets are narrow, and houses are close together in the Prune Street neighborhood. The Tully's parking lot was right behind the house. That made it tight quarters to maneuver trucks and fight the fire.

Unloading hoses quickly and getting them into place quickly was difficult.

"One thing I will say is there's a house down here with a 16-year-old that came out and saw us struggling to pull a hose down, and he grabbed ahold of that hose and helped pull the hose down," Graham said. "Moving all that hose, getting everything in place with everything else around in the house was the hardest part."

The cause of the fire remains under investigation.

A neighboring house sustained some heat damage.

Property tax records indicate the house is owned by James and Peggy Benedict. It was built in 1900 and remodeled in 1970. 

(Initial Report)

Photos by Steve Ognibene.

10 prune street fire
10 prune street fire
10 prune street fire
10 prune street fire
10 prune street fire

Photos below by Frank Capuano.

10 prune street fire
10 prune street fire
10 prune street fire

Call into Monroe County dispatch found to be 'swatting incident'

By Howard B. Owens
county line road swatting incident
The scene on Countyline Road in Darien late this afternoon in what local law enforcement is calling a "swatting incident," a false report of a violent crime.
Photo by Howard Owens.

Monroe County emergency dispatch received a call on a non-emergency number Monday afternoon reporting a murder-suicide at 3865 Countyline Road in Darien.

Genesee County Sheriff's Office and State Police responded, along with Mercy EMS, and found a farm field at that address. They checked three neighboring residents near that address and didn't find any issues. Patrols have cleared the scene. 

 "We checked residences out of an abundance of caution given that we had plotted the address to an empty field," Chief Deputy Joseph Graff said.

Graff said the call may have indicated that a person had shot his girlfriend and then killed himself and that a third person may have been involved.

According to Graff, the Orleans County Sheriff's Office checked a similar address in Orleans County and also found no incident.

Officials are calling this a swatting incident. 

Graff said prank calls such as this are a danger to law enforcement, other first responders, and the community.

"I think the danger is just evident," Graff said. "We have law enforcement resources responding in an emergency fashion to essentially check out a false report. Not only does that endanger the law enforcement individuals who are responding, but also the community at large."

Since these sorts of incidents have helped elsewhere in the county, law enforcement has learned, Graff said, to hold some resources back so there are still patrols available in other parts of the jurisdiction. 

Since the call didn't come in on an emergency line, there was no immediate caller ID information available, Graff said, but authorities will be working to identify the caller. Criminal charges are possible. 

"The caller could be charged with filing a false report or falsely reporting an incident; those are the first two that come to mind," Graff said.

Either can be charged as a felony or a misdemeanor. The severity of the charge would depend on the actual statements made by the caller, Graff said. 

Asked what motivates these types of calls, Graff said, "I wish I knew the answer to that. I don't know."

Photos: Ghost Riders celebrate 30th year at Batavia Country Club

By Howard B. Owens
Ghost Riders 30th anniversary
Kay McDonald.
Photo by Howard Owens.

More than 300 people turned out Sunday afternoon at Batavia Country Club for a free concert by the Ghost Riders, celebrating the group's 30 years of providing Genesee County with a hardcore country soundtrack.

Previously: For the love of the music: Ghost Riders still kickin' 30 years into their career

Ghost Riders 30th anniversary
Photo by Howard Owens.
Ghost Riders 30th anniversary
Bill McDonald.
Photo by Howard Owens.
Ghost Riders 30th anniversary
Charlie Hetrick sitting in on bass (in place of Bill Pitcher).  Hetrick was one of several local musicians and former members who sat in for some songs during the concert.
Keith Worthington, foreground, on lead guitar.
Photo by Howard Owens.
Ghost Riders 30th anniversary
Photo by Howard Owens.
Ghost Riders 30th anniversary
Photo by Howard Owens.
Ghost Riders 30th anniversary
Photo by Howard Owens.
Ghost Riders 30th anniversary
Photo by Howard Owens.
Ghost Riders 30th anniversary
Photo by Howard Owens.
Ghost Riders 30th anniversary
Gene "Sandy" Watson
Photo by Howard Owens.

Accident reported at Park and Oak, Batavia

By Howard B. Owens

A two-car accident is reported at Oak Street and Park Road, Batavia.

No word on injuries.

City Fire and Mercy EMS responding.

UPDATE 3:21 p.m.: Vehicles are blocking.  "Traffic is backing up," the fire commander reports.  He says police will be needed for "traffic offenses" and tows are requested for two full-size pickup trucks.

WNY native has made a career of paying tribute to the King, brings Elvis act to Batavia Downs

By Howard B. Owens
Rick Alviti as Elvis
Photo courtesy Rick Alviti 

When you look like Elvis -- to the point that people have a tendency to stop you in the street unless you wear a bit of a disguise -- and can sing like the King, there's a natural path to take in life, especially if you're already living in the entertainment capital of the world.

That's the situation former singing bartender and Niagara Falls native Rick Alviti found himself in more than 20 years ago when his career as an Elvis impersonator started in Hollywood.

That life path brings him and his show, "That's the Way It Was," to Batavia Downs at 7 p.m. Sept. 9.

"I like the people I meet," said Alviti when asked what he enjoys about his career. "I meet the nicest people. They're always so kind to me.  When I'm out in stores or restaurants, people come up to me because I have this Elvis resemblance, and sometimes I wear a hat when I'm out, but when they come up to me, I always give them a card and invite them to a show. That's what I do for a living. 

"Meeting people, especially the people who love Elvis, is the best part. They're excited to meet because they love Elvis.  I'm fortunate to have that connection, and to me, that's a good thing."

After attending North Tonawanda High School, Alviti moved to Hollywood to pursue an acting career.  He landed a job at Dimples, a bar across from the NBC Studio that was a favorite entertainment industry hangout.  His gimmick was signing while he poured drinks, and already a huge Elvis Presley fan, he sang a lot of Elvis songs.  But Alviti had a beard, so nobody yet noticed his resemblance to Tupolo's most famous son.

He landed an acting job and had to cut his hair and shave his beard.  That's when, he said, everyone started calling him "Elvis."

He decided to get an agent and began getting serious about studying Elvis Presley's moves, watching his movies, and learning his songs. He got some gigs in Las Vegas and then the Las Vegas Convention and Visitors Authority sponsored him on a national tour.

After his parents moved to Myrtle Beach, he visited them knowing, too, that J.D. Sumner and the Stamps (Sumner was long associated with Presley), had a long-term residency at a theater in Myrtle Beach. That led to meeting the theater owner, and after Sumner's death, Alviti got an offer to set up an Elvis tribute show at the theater. 

That was a residency with a 12-piece band that lasted for years.

Doing two shows a day really helped him refine his Elvis impersonation, he said.

His career has led to shows all over the U.S. and several in Las Vegas, including at the Winn, the Mirage, and the Gold Coast. 

That's where he met the Jordinairs (once backup singers to Elvis), he said. They became friends, and he performed with them.  He's also performed with the Stamps.

He also played a birthday party for a playmate at Hugh Hefner's Playboy Mansion, where he met  Hefner, whom he said was a nice guy. He was provided one of the mansion's many bathrooms (he guessed 27) as a changing room but kept getting interrupted by people wanting to use it for "one of two things," as he put it.

As for acting, being Elvis has opened doors there, too.  He played in a production of “Joseph and the Amazing Technicolor Dreamcoat” and was cast as Elvis in episodes of “ER” and “One Tree Hill.” He also played Elvis is a Rusty Wallace commercial for Miller Lite.

Alviti now splits time between Buffalo and South Carolina.  When he's in the northeast, he tours with a five-piece band of guys mostly based in and around New York City.  In South Carolina, he has another band, though when he's in the Nashville area, his band is led by the son of DJ Fontana (Presley's former drummer).

Tribute bands are a big deal now, but until Elvis impersonators, as they were called then, came along in the 1980s, musicians either played in cover bands or bands that played their own songs.

Impersonating some other act to the point of trying to sound exactly like that act and putting on their costumes was an industry waiting to be born.

"When I started out, there were maybe nine guys who did an Elvis tribute," Alviti said. "You had to look the part and sing the part and entertain the audience. Now there's probably 9,000 guys doing it."

He said it's probably for Elvis impersonators to get a start now, and a lot of guys doing it for "$200 and just to have fun. They just want to be Elvis for a bit.  What I do is a professional production." 

When he first started out, the Elvis Presley Estate was also much more concerned about Elvis impersonators, and he was contacted by representatives of Graceland.  He said he told them that he wasn't trying to convince people he was Elvis. He was performing as Rick Alviti.

"You're allowed to do a tribute to anybody. That's in law," Alviti said. 

When he was contacted, he said he told them, "I'm not saying I'm Elvis. I'm Rick Alviti. I happen to resemble him, but I'm not pretending to be Elvis."

He makes a point of calling his show "That's the Way It Was" without claiming to be Elvis Presley so he doesn't violate the estate's intellectual property rights. People who go to the show know they're seeing an Elvis tribute and not a substitute Elvis.

"Now. I think they've embraced tributes because it's helping keep the image alive," Alviti said.

He said his show is different from most Elvis tributes because it's interactive. He gets the audience involved.  He performs many of the songs it expects to hear, such as "Suspicious Minds" and "A Little Less Conversation," and his set can change on the fly.

"I try to gauge the audience," Alviti said. "If I'm doing too many ballads, I'll add in some faster things, stuff that gets everybody going.  I think I have a good sense of what the audience wants to hear."

While this show will be the "jumpsuit Elvis," he does do the "leather Elvis" at some of his appearances when the show includes an intermission.

"Elvis is great because there's four eras," Alviti said.  "There's the early Elvis, the movie-era Elvis, the leather-wearing comeback-era Elvis, and the Vegas years."

This will be Alviti's first appearance in Batavia.

"I invite everybody to come out and enjoy themselves," Alviti said. "We will have a wonderful time. That's what it's all about, making people happy and making sure everybody enjoys the music of Elvis."

Rick Alviti as Elvis
Photo courtesy Rick Alviti 
Rick Alviti as Elvis
Photo courtesy Rick Alviti 

Transformer reportedly blows on East Main Street Road, Batavia

By Howard B. Owens

A transformer has reportedly blown in the area of 5155 East Main Road, Batavia.

There is arcing and sparking, and now a report of a fire in the front yard of a residence. 

Town of Batavia Fire dispatched.

UPDATE 9:29 p.m.: National Grid is reporting 2,462 customers are without power.  The power outage area is from State Street in the city to nearly Seven Springs Road on the east, and from East Main Street Road going north into Byron.  ETA for power restoration is 11:30 p.m.

Photo: Fallen leaf in Oakfield

By Howard B. Owens
a leaf's last stand

Rob Ostrander took this picture on Main Street in Oakfield on Sunday morning and entitled it, "A leaf's last stand."

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