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Batavia man accused of sexually abusing teenager

By Howard B. Owens
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       Dale T. Young

A 38-year-old Ellicott Street resident has been indicted by a Genesee County Grand Jury on 10 criminal counts related to accusations that he forced a person less than 17 years old to engage in sexual activity.

The alleged crimes were first reported in October when Dale T. Young was arrested by Batavia PD and ordered held on $50,000 bail.

The counts against Young:

  • Endangering the welfare of a child. In July, Young allegedly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child.
  • Sexual abuse in the first degree. In July, Young allegedly subjected another person forcible sexual contact.
  • Criminal sexual act in the first degree. In July, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the third degree. In July, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the first degree. In July, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the first degree. In October, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the first degree. In October, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the third degree. In October, Young allegedly forced oral sex on the victim who was less than 17 years old.
  • Criminal sexual act in the third degree. In October, Young allegedly forced oral sex on the victim who was less than 17 years old.
  • Sexual abuse in the first degree. In October, Young allegedly subjected another person to forcible sexual contact.

Young is out of jail on bail.

Batavia Downs issues statement on proposed sports betting regulations that leave OTBs out

By Howard B. Owens

Press release:

Today Henry F. Wojtaszek, president/CEO of Batavia Downs Gaming and Western Regional Off-Track Betting Corporation (WROTB), made the following statement regarding today’s proposed sports betting regulations by the New York State Gaming Commission.

“While we’re gratified the State Gaming Commission took the first step in authorizing sports betting in New York State, we think it’s important our million-plus customers and all Western New York sports fans and communities benefit from sports betting opportunities in their own back yard. Sports betting should be allowed at Western Regional Off-Track Betting (WROTB) and at OTB’s around the state.

"As currently proposed, a Bills fan would have to go to a Native American casino or drive 90 minutes to place a bet on the Bills. That’s not exactly convenient, and it won’t provide critical tax revenue to local governments.

“As the only municipally owned and operated a gaming facility in New York State, WROTB is not just a strong economic driver for Western New York, but we provide critical funding for community development, which creates jobs, protects families and helps to offset tax increases for residents.

“The more revenue we generate, the more we give back to communities. Since our inception, we have generated more than $226 million to 17 municipalities – legalizing sports betting in our region would only increase these important contributions.

"We look forward to working with officials on both sides of the aisle and the New York State Gaming Commission to ensure Western New Yorkers don’t miss out on this opportunity to create hundreds of jobs, enhance our tourism industry, and allow millions of dollars in investment to flow through our neighborhoods.”

Pembroke woman admits to destroying ex-boyfriend's Harley in fire

By Howard B. Owens
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     Jacqueline Saeli

A 52-year-old Pembroke woman who started a fire that destroyed her ex-boyfriend's Harley-Davidson entered a guilty plea to attempted arson in the third degree, a Class D felony, this morning just before jury selection in her criminal trial.

Judge Charles Zambito said Jacqueline M. Saeli can avoid a prison term if she makes full restitution before she is sentenced at 1:30 p.m., March 29.

District Attorney Lawrence Friedman said after her appearance that it's expected Saeli will make a $10,000 payment this week.

Saeli, of North Lake Road, was arrested following a Jan. 6 fire at 8455 N. Lake Road, Pembroke, that destroyed a garage and the bike and was determined to be arson by Deputy Ryan Young, Investigator Chris Parker, and personnel from Pembroke Fire Department and the Emergency Management Office.

UPDATED: Up to two feet of snow, high winds, possible in approaching storm that may hit Tuesday and Wednesday

By Howard B. Owens

UPDATE 2:37 p.m.: Hazardous weather outlook -- A winter storm warning is in effect from 4 p.m. Tuesday through 7 a.m., Thursday. A wind chill watch has also been issued for Thursday afternoon. The wind chill could reach 25 below zero.

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A winter storm watch is in effect from Tuesday afternoon through Thursday evening in Genesee County.

The National Weather Service is expecting heavy lake effect snow with storm totals of one to two feet possible in the most persistent bands.

Winds could gust as high as 45 mph later Wednesday through Thursday. Some areas could experience near blizzard conditions with severe blowing and drifting snow.

The storm is also expected to hit Erie and Wyoming counties.

The weather service warns travel could be difficult to impossible, especially Tuesday night through Thursday, due to heavy snow and significant blowing and drifting snow. The conditions could impact the morning and evening commutes.

Gas prices dip again over past week

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.26, up 1 cent from last week. One year ago, the price was $2.58. The New York State average is $2.50 – down 3 cents from last week. A year ago, the NYS average was $2.75. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.55 (down 1 cent since last week)
  • Buffalo -- $2.55 (down 2 cents since last week)
  • Ithaca -- $2.38 (down 1 cent since last week)
  • Rochester -- $2.46 (down 2 cents since last week)
  • Rome -- $2.48 (down 1 cent since last week)
  • Syracuse -- $2.39 (down 2 cents since last week)
  • Watertown -- $2.49 (down 1 cent since last week)

The latest data from the Energy Information Administration (EIA) shows that gasoline demand is on the rise and is much higher than last year at this time. Meanwhile, EIA reports that gasoline stocks around the country are also on the rise to the point where the growth rate is the highest gasoline stock level ever recorded by EIA, since it began collecting the data in 1990. It’s also much higher than last year at this time. Increased levels of gasoline stocks could help to meet rising demand, which means the impact to pump prices could be modest.

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By Howard B. Owens
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Le Roy fire names Fireman of the Year, installs officers at annual dinner

By Howard B. Owens

Video: Le Roy Fire members discuss why they enjoy being volunteer firefighters.

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Brandon Connolly was named Fireman of the Year by the Le Roy Volunteer Fire Department at the department's annual installation and awards banquet, held this year at Terry Hills.

Firematic officers for 2019 are: Tom Wood, chief (far right in top photo); Craig Johnson, 1st assistant chief (second from right); Josh Pfendler, captain and training officer; A.J. DeFelice, lieutenant; Jared Chick, lieutenant; Joe Orlando, safety officer.

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The fire department created a new safety award this year, named in honor of longtime safety officer Joe Orlando. The first recipient is Christopher DeFelice. Photo: Craig Johnson, DeFelice, Orland, and Tom Wood.

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Tim Hogle served as chief for three years. This year, Tom Wood returns to the chief's role and Hogle received a thank-you plaque.

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To find out how you can become a member of your local volunteer fire department, visit ReadyGenesee.com.

Snow squall warning in effect, multiple vehicles reported off the road, whiteout conditions

By Howard B. Owens

A snow squall warning for Genesee County was issued at 7:18 a.m. and is effect until 8:15 a.m.

Dispatchers have received reports of multiple vehicles off the road in Pembroke, Alabama, Oakfield and Batavia, and town snow plow drivers are reporting whiteout conditions in Alabama.

The National Weather Service reports a dangerous snow squall has formed from Rochester to near Allegany State Park and is moving east at 45 mph.

There are wind gusts up to 30.

The weather service warns of poor visibility and dangerous, life-threatening travel conditions. 

"Consider avoiding or delaying travel until the snow squall passes your location," the weather service advises."If you must travel, use extra caution and allow extra time. Rapid changes in visibility and slick road conditions may lead to accidents."

Lady Lancers reach #1 rank in the state with balance and teamwork

By Howard B. Owens

Elba may be ranked number one in the state now but it's not something they think much about, said Coach Tom Redband after Friday's home victory over Pembroke 46-45.

"It's a fun thing for the fans and it's a nice thing to read about but it's not something we talk about or, you know, fixate on," Redband said. "You know we want to be as good as we can in the end; whatever that might be. We don't get into whether we're number one state or winning sectionals or winning states.

"It's just the personality of the team because of their work ethic."

And winning is a whole team effort, Redband said. The best example this year is Wednesday's road win over Avon 60-33 with no player on the team hitting double digits in scoring.

"We ended up winning by 27," Redband said. "I think that's pretty rare. I can't remember the last time we lost by 27 when the top two scorers on the other team had five points. I think that's just a testament to the girls developing and being ready at all times no matter what they did last game. You know, the next girl up when somebody is not at their best or injured or we need a little boost."

Elba, a Class D team, is 15-0 on the season now and among the reasons it's ranked number one in the state is five of those wins came against Class B teams and all but one of those other wins against Class C teams. The team has scored at least 60 points 12 times.

Friday night's win -- which Elba almost let slip away -- was another example of distributed offense with Brynn Walczak scoring 12 points, Leah Bezon with 11, Lauryn Engle, 9, Taylor Augello, 6, and Maddie Muehlig, 5. Engle hit three of her four three-point attempts.

Here's how Redband breaks down his team:

"Leah Bezon has been on the team for four years now. She's only a sophomore. She keeps developing and she has a humongous upside. She's our captain.

"Brynn Walzcak has been on the team two, three years. Maddie Mulehig three years, Taylor Augello, it's her second year starting and she's really come on this year. She worked really hard in the offseason to develop her game.

"Maddie Howard who is a senior, she'll be back soon. She was injured a couple of weeks ago. She'll be back soon. She's a great, great assist person, very unselfish looking to defend and assist. 

"Then we have shooters like Adriana Long and Dakota Brinkman and Lauryn Engle, who at any point could hit three or four threes in a game.

"Kelly Mickey is a ferocious defender and then Izzy Riner who can kind of do it all.

"We're really not a top-heavy team."

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Leah Bezon

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Taylor Augello

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Maddie Muehlig

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Maddie Muehlig

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Taylor Augello

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Leah Bezon

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Brynn Walczak

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Kitchen fire reported on South Main Street, Batavia

By Howard B. Owens

A kitchen fire, reported as a structure fire, is reported at 62 S. Main St., Batavia.

It's a lower apartment. Occupants are evacuating.

City fire dispatched.

UPDATE 12:22 a.m.: Police officers on scene report heavy smoke showing.

UPDATE 12:24 a.m.: A first responder says flames are showing at the back of the structure.

UPDATE 12:26 a.m.: "Small kitchen fire. Looks like it's extending into the cabinets. Have water on it now," says a firefighter.

UPDATE 12:30 a.m.: Fire is out; checking for extensions. Fourth platoon is called to city fire headquarters.

UPDATE 12:46 a.m.: Fire command requests Red Cross to aid two adults and four children who live in the apartment.

State reports 1K more people in labor force in Genesee County in December

By Howard B. Owens

The unemployment rate in Genesee County for December was 4.1 percent, according to the New York Department of Labor, which is lower than the December 2017 rate of 5.3 percent.

The rate in November was 3.5 percent.

There are 1,000 more people in the labor force in Genesee County for December, at 30,100, compared to 29,100 a year ago.

Of those 30,100 people, 28,900 reported having jobs.

There are 1,200 people listed as unemployed. That's 300 fewer than a year ago.

There were 16,200 private sector, non-farm jobs reported in Genesee County for December, up 100 jobs from the previous December. Government jobs in the county fell from 5,800 to 5,700.

The unemployment rate for the GLOW region in December was reported at 4.2 percent, down from 5.6 percent a year ago.

The state's unemployment rate is 3.8 percent. The nation's is 3.7 percent.

Collins congratulates Trump on ending partial government shutdown

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today released the following statement:

“Congratulations to President Trump for having the courage to act by opening the federal government. Now it’s time for Nancy Pelosi and Chuck Schumer to put aside petty politics and work with the President to put an end to the crisis at our southern border.

"The fact is we cannot continue to sustain ourselves as a nation without having real boarders borders and real immigration reform. The only way for this crisis to be resolved will be for all parties to engage in substantive negotiations over the next few weeks and reach a consensus on border security.”

Deputy Travis DeMuth named Officer of the Year for Sheriff's Office

By Howard B. Owens

Press release:

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Officer of the Year Award – Deputy Sheriff Travis M. DeMuth
Deputy Sheriff Travis M. DeMuth has distinguished himself in the performance of service to the citizens of Genesee County during 2018. During this year, Deputy DeMuth has shown to be a reliable asset, he has maintained a consistent, positive attitude and has excelled in the performance of his duties. Specifically, during two incidents, Deputy DeMuth’s instincts, investigative skills and proactive attitude contributed to the arrest of a well-known drug trafficker from Rochester who was in possession of 154 individually packaged quantities of cocaine, heroin and marijuana. These were confiscated and never made it to the streets to be sold in our community. Additionally, during another incident, Deputy DeMuth’s calm demeanor, persistence, and decisive actions were instrumental in reviving an unresponsive victim and likely saved her life. 

Deputy Sheriff Travis M. DeMuth has reflected great credit upon himself and the Genesee County Sheriff’s Office and most deserves to be named Officer of the Year.

Photo: Christopher DeMuth, Travis' father, Larissa Shaffer, sister, Avery Schaffer, niece, Rebecca DeMuth, stepmother, Margaret DeMuth, mother, Olivia Ahearn, girlfriend, Deputy Travis M. DeMuth, Sheriff William A. Sheron Jr., Undersheriff Bradley D. Mazur.

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Distinguished Service Award – Confidential Secretary Carolyn A. Della Penna
Confidential Secretary Carolyn A. Della Penna has distinguished herself as a member of the Genesee County Sheriff’s Office. Carolyn continuously goes above and beyond to ensure that the operations of the Genesee County Sheriff’s Office are accomplished in an efficient and professional manner. She is always available to take on additional tasks and assist members with complicated issues. Carolyn has a wealth of knowledge and is recognized as the "go to person" on operational procedures of the Sheriff’s Office and Genesee County. Her willingness to help others is truly appreciated by all the members of the Sheriff’s Office. Confidential Secretary Della Penna’s knowledge and attention to detail have proven to be a great asset to the Department and, through her work, has distinguished herself and brought great credit upon herself and the Genesee County Sheriff’s Office. Thank you for all you do.

Photo: Sheriff William Sheron; Confidential Secretary Carolyn Della Penna; her daughter, Sydney; her husband, Tom; and Undersheriff Bradley Mazur.

Longevity Awards:

  • Jail Cook Manager William S. Cultrara, 10 years
  • Principal Financial Clerk Deborah A. Shea, 10
  • Sr. Emergency Services Dispatcher Michael T. Sheflin, 10
  • Sr. Emergency Services Dispatcher Jason W. Holman, 10
  • Investigator James M. Diehl, 10
  • Deputy Sheriff Kevin R. McCarthy, 10
  • Emergency Services Dispatcher Steven L. Robinson, 10
  • Emergency Services Dispatcher Francis A. Riccobono, 10
  • Correction Officer Daniel J. Renz. 15 years
  • Sr. Correction Officer Caleb C. Chaya, 15
  • Correction Officer Brian M. Manley, 20 years
  • Sr. Correction Officer Peter M. Hoy, 20
  • Investigator/Youth Officer Timothy G. Wescott, 20
  • Emergency Services Dispatcher Lynn B. Riccobono, 25 years
  • Deputy Sheriff Deborah L. Snyder, 25

Certificates of Appreciation

  • Cook Manager William S. Cultrara
  • Community Services / Victim Counselor Rosanne DeMare Smart
  • Volunteers for Animals

Commendations

  • Investigator Chad J. Minuto, 2nd
  • Deputy Sheriff Chad P. Cummings, 2nd
  • Deputy Sheriff Ryan W. Young, 2nd
  • Deputy Sheriff Mathew J. Clor, 2nd
  • Deputy Sheriff Jeremy M. McClellan, 2nd
  • Emergency Services Dispatcher Steven L. Robinson, 2nd
  • Sr. Emergency Services Dispatcher Jason W. Holman, 2nd
  • Emergency Services Dispatcher Steven R. Smelski, 2nd
  • Deputy Sheriff Kevin R. McCarthy, 3rd
  • Deputy Sheriff Deborah L. Snyder, 4th
  • Emergency Services Dispatcher Lynn B. Riccobono, 5th
  • Sergeant Jason E. Saile, 6th

Meritorious Awards

  • Deputy Sheriff Matthew R. Butler, 3rd
  • Investigator Christopher A. Parker, 2nd

Truck fire on Ellicott Street Road, Bethany, causes concern for house and power lines

By Howard B. Owens

Bethany fire is responding to a fully involved truck fire, a pickup truck at 5426 Ellicott Street Road.

There was concern about the truck being close to a home, but the residents have the house closed up and no smoke is getting it. The structure does not seem to be threatened.

There was concern about power lines overhead but they don't seem to be involved.

UPDATE 10:26 a.m.: Route 63 is being closed in both directions.

UPDATE 11:45 a.m.: Route 63 is being shut down at Route 20. A first responder says, "until we get DOT out here to clear Route 63 we'll be out here all day." Another responder reports "visibility is getting bad."

UPDATE 12:03 p.m.: Plowing done, road reopened.

BID board names Barb Dietrich as new director

By Howard B. Owens

Press release:

The Downtown Batavia Business Improvement District (B.I.D.) is thrilled to announce the appointment of Barbara Dietrich as the B.I.D.'s new Executive Director.

Dietrich comes to the B.I.D. from an extensive background of marketing, event management, public relations, promotions and business startup skills. She was the president of Dietrich Consulting in Batavia starting in 1998. She consulted for a variety of businesses on marketing, advertising trends, promotions, sponsorship and events. She was the radio personality on Entercom Buffalo; News Radio 930 WBEN – “Easy Living with Barb Dietrich."

Dietrich was the sponsorship director of “The Great Pumpkin Farm ”Oink”toberfest, NYS BBQ Cook-off Competition in Clarence. During her time at Dietrich Consulting she was the director of Marketing and Development for the YWCA Genesee County, director of Marketing for Empire Tractor Inc., director of Marketing, Public Relations and Sponsorship for Rivera Theatre in North Tonawanda, and general manager for WNY Event Centre in Clarence.

Dietrich has volunteered for many organizations over the years, she was a board member as well as past chairperson for Genesee County Chamber of Commerce, a member of the Batavia Business Advisory Board, Cornell Cooperative Extension Board, Genesee County Business Advisory Board for Tompkins/Bank of Castile and Junior Achievement.

“Most of my marketing/management career has been in the Buffalo area and I’m so happy to use those skills and experiences here in my own community," she said. "It’s an honor to be a part of the exciting growth of Batavia!”

Dietrich moved to Batavia from State College, Pa., with her husband, David Dietrich, more than 25 years ago. They have two children, Joe and Petra.

She said she is happy they chose Batavia as their home.

Dietrich is looking forward to joining the B.I.D. and working closely with the downtown businesses, volunteers, board members, the City of Batavia and its community. Her official start date will be Monday, Jan. 28. We warmly welcome her to the B.I.D.

Buyers lining up for Alpina plant at bargain price compared to $70 million invested

By Howard B. Owens

Some potential buyer of the now-shuttered Alpina property in the Genesee Valley Ag Park is going to pick up an ultramodern dairy plant for a relative song, according to the man tasked with finding a buyer.

And it will sell soon, said Aaron Morgenstern, managing director of Harry Davis & Company, the firm handling the real estate listing.

"It's an opportunity that doesn't come along often," Morgenstern said. "I would expect we'll soon find a buyer. I'm 100-percent confident that it will be sold soon and I'll be surprised if it's July 4 and we're still talking about who will buy the plant."

Harry Davis & Company specializes in valuing dairy companies and handling dairy plant and operations sales. The company helped in the sale of the former Muller Quaker Dairy plant in Batavia when HP Hood acquired it from Dairy Farmers of America.

Alpina acquired the land and built the plant for $20 million in 2012. Over the next six years, Alpina invested another $50 million in buying more land in the ag park, adding equipment, including equipment for liquid yogurt production, and adding onto the facility in anticipation of increased production.

The fully automated plant will help the company that acquires it control labor costs; at full capacity, Morgenstern would expect the plant to employ about 100 people.

"Our goal is to find a new operator who will bring jobs back to the area and grow the facility to its full capacity," Morgenstern said.

Morgenstern said he couldn't disclose the asking price for the plant but said it's substantially less than the $70 million that Alpina invested.

"The value proposition is that this an opportunity for somebody not currently in New York State to get into one of the premier milk sheds in the United States," Morgenstern said. "Or it's an opportunity for somebody in New York to continue to capture this milk shed with a brand-new ultramodern facility."

Morgenstern said he's received about three dozen inquiries about the property from serious potential buyers since the plant went on the market last week.

In 2012, Alpina, based in Colombia, received $767,096 in tax incentives to build its first U.S. plant in Batavia. A large portion of those tax incentives was in the form of a PILOT -- Payment In Lieu Of Taxes -- in which Alpina paid a fee in exchange for reduced taxes on the increase in assessed value of the property. The amount of taxes due to the increase in assessed value graduates upward over the years, from zero percent the first year, to about 50 percent today.

The assessed value of the property $168,000 (commercial properties are assessed differently than residential properties to account for the depreciation of commercial buildings). CORRECTION: When looking at assessments, we only looked at one parcel. There is another parcel that Alpina owns with an assessed value of $4.2 million.

Jim Krencik, spokesman for the Genesee County Economic Development Center, said the GCEDC board has the option, under the PILOT agreement, to adjust the agreement, or even cancel the PILOT, to increase the tax bill to 100 percent of assessed value.

A potential pitfall of canceling the PILOT is that a new owner would not be eligible for a continued tax abatement. The board keeps the PILOT in place but adjusts the taxable amount, another company could get a new PILOT agreement. A canceled PILOT agreement potentially makes the property less marketable.

The Batavian contacted four of the five current GCEDC board members and all said they wanted to reserve comment on the status of the PILOT until they had more information.

The board doesn't meet again until February and the time period for making a decision about the future of the PILOT is February and March.

"As we move forward with the site, I’m keeping in mind that any decision regarding the PILOT is within a larger effort to continue to bring more capital investment and job growth at the Alpina site, the Ag Park and Genesee County," Krencik said.

If the amount of taxes due under the PILOT were adjusted, it wouldn't take effect until the tax years for municipalities and school districts, and if Morgenstern's prediction of a quick sale is correct, the issue would become moot.

When Muller Quaker sold its $200 million plant to DFA, DFA didn't immediately decide what to do with the plant and it sat vacant for more than a year. In that case, the GCEDC board adjusted the PILOT and DFA paid more than $655,000 in additional taxes to local governments in 2017. When HP Hood acquired the plant, the PILOT benefits were extended to Hood.

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