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Two people seriously injured in motorcycle accident in Oakfield

By Howard B. Owens
accident in oakfield

Two people were seriously injured when a motorcycle they were on left the roadway on Lewiston Road in Oakfield and struck a retaining wall in a yard.

Contrary to an earlier report, no vehicle was involved.

Sgt. Matt Wikowski, State Police, said at this stage of the investigation it's not clear why the driver lost control over the motorcycle.

The driver and a female passenger were both ejected from the bike. The driver was transported to ECMC by ground ambulance and the female was flown to ECMC by Mercy Flight.

Oakfield Fire and Mercy EMS assisted at the scene.

Previously: Two people reportedly injured in accident involving motorcycle in Oakfield

Photos and information by Alecia Kaus/Video News Service.

accident in oakfield
accident in oakfield

Le Roy man in 'shots fired' case sent to prison for 10 years on multiple criminal charges

By Howard B. Owens
brownkilroymug20121.jpg
Arthur Brown

Before sending him to prison for 10 years, Judge Melissa Lightcap Cianfrini wondered at the criminal history of Arthur Brown, 45, of Le Roy, whom she observed is clearly intelligent, is well-spoken, and knows to advocate for himself.

Why, she wondered, why he keeps engaging in criminal activity when Brown could do so much more with his life.

Brown was sentenced on three separate criminal cases, the most notorious, an incident in September 2021 when he fled from a traffic stop after being seen driving erratically on Route 33 through Bergen and Stafford.  Brown ran into a cornfield, and Deputy Kevin Quackenbush started a foot pursuit but stopped when he apparently saw Brown pull a handgun from his waistband.  Quackenbush retreated, and then there was a loud bang.

Quackenbush reported to dispatch, "shots fired." This was the start of a several-hour, multi-department manhunt that eventually led to the arrest of Brown and the recovery of a handgun.  The loud bangs turned out to be from a wildlife scare cannon.

Brown has consistently maintained that the gun officers found was not his, and on Friday, he accused of Quckenbush of not telling the whole truth about the incident, such as, he said, Brown's DNA wasn't on the gun nor were his fingerprints.

ADA Joseph Robinson noted after Brown's statement that the gun wasn't checked for fingerprints.

shots fired
Deputy Kenneth Quckenbush taking position behind his patrol vehicle after bangs were heard in a farm field on Clinton Street Road, Stafford, on Sept. 19, 2021. A suspect had run into the field and apparently displayed a firearm before the bang was heard.  The bangs turned out to a wildlife scare cannon.
File photo by Howard Owens.

After initially indicating he intended to take the charges against him to a jury, in February, he entered guilty pleas to multiple charges, including second-degree attempted criminal possession of a weapon, a Class D violent offense, third-degree attempted criminal possession of a narcotic drug with intent to sell, a Class B felony, in connection with an arrest in January of this year in the City of Batavia, and to one count of violating the Sex Offender Registration Act, a Class E felony, for failing to register as a sex offender upon a change of address.

In arguing for the maximum possible sentence against Brown (the 10 years Cianfrini eventually imposed), Robinson said that Brown's long criminal history and habit of saying things that attempt to explain away or minimize his criminal activity made him a danger to society.

Robinson listed Brown's past criminal activity:

  • In 1994, Brown was adjudicated a youthful offender in a criminal case and violated probation within a year.
  • In 1995, he was sentenced to a year in jail.
  • In 1998, he was sentenced to seven years in prison on a robbery 2nd conviction.
  • In 2005, he was convicted of rape 3rd and sentenced to 18 months to three years in prison.
  • In 2010 he as conflicted of criminal sale of a controlled substance 4th and sentenced to two years in prison.
  • In 2015, he was convicted of two sexual offender registration violations.
  • In was released from prison on that conviction in 2021 one, just weeks before the incident on Clinton Street Road.

The plea Brown accepted, Robinson said, satisfied not only the pending charges already filed against Brown but also four ongoing drug dealing investigations being conducted by the Local Drug Task Force that had not yet led to charges.

Robinson said Brown seems to spend more time in prison and free.

"If he's not serving time on a conviction, he's out committing more crimes," Robison said.

Robinson noted that Brown hasn't accepted responsibility for possessing a gun in September, and he said that when Brown was accused of possessing a bag of cocaine, Brown told probation officers during his pre-sentence interview that officers found the bag in a bush and not on his person.  That was an example, Robinson said, of the defendant minimizing his responsibility for his actions. 

Another dealt with Brown's SORA violation.  Brown said, according to Robinson, that he didn't think he needed to register a change of address because he merely moved from one room to another in a hotel complex.  

Defense attorney Joseph Lobosco said his client did accept responsibility for his actions and suggested that Robinson was mischaracterizing Brown's interview with probation officers. He said the interview took hours, and the report didn't include direct quotes from Brown but paraphrases from officers written after the interview.

Brown said it was unfair of the ADA to he didn't accept responsibility for his crimes. 

He said there was the DNA of three other people on the gun but not his.  He also complained that a confidential informant used in the drug sales investigation was facing six criminal charges, which wasn't disclosed, he said. 

"I take responsibility for what I've done, and I don't make excuses," Brown said. "But I don't take responsibility for what I didn't do." 

Cianfrini said she hopes Brown will use his time in prison to better his life, to learn new skills, and reflect on the direction his life has taken.

"You could do something worthwhile with your life," she said.

On the SORA violation, Cianfrini sentenced him to 2 to 4 years in prison. On the attempted criminal possession of a weapon conviction, seven years in prison. On the criminal possession of a controlled substance conviction, 10 years in prison.  All sentences are to be served concurrently.

Previously:

Second trial on Monday for suspect in shooting on Elm Street last summer

By Howard B. Owens
ives_2mug2022.jpg
Jeremy Ives

A second trial for a Batavia man accused of firing a shotgun at two people on Elm Street on Aug. 12 will start on Monday.

The first trial of Jeremy Ives began in March and ended in a mistrial. The reason for the mistrial was not discussed in open court on Friday during a hearing held for trial preparation. 

Ives was indicted in September on two counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor. 

Ives is accused of attempting to cause serious physical injury to a person using a shotgun in the City of Batavia on Aug. 12.  He is accused of abducting another person on that same day.

In January, Ives turned down a plea offer, electing to take his case to trial. ADA Will Zickl said at the time that under the terms of the offer, the counts against Ives would be reduced to a single count of attempted assault in the first degree, a Class C violent felony.  Ives, who has a prior DWI conviction, would admit to the charge as a second-felony offender.

He would have been facing a possible sentence of five to 15 years.

If convicted at trial, Ives faces a sentence of nine to 25 years in prison.

The main issues discussed on Friday were the testimony of two possible witnesses.

One witness is the person Ives may have purchased the shotgun from.  There is a question about whether the witness can positively identify Ives as the person who bought the gun.  A third party apparently arranged the transaction and handed the seller the money.

"She doesn't have to know his name to know she handed him the gun," Zickl said.

There is also a witness who claims to have heard Ives yelling things in the street outside her residence some three hours after the reported shooting.  Whatever statements she heard are apparently not relevant to the case, but Zickl argued that her testimony will enlighten the jury as to Ives' emotional after the shooting.

Defense attorney Joseph Lobosco argued that the witness was miles away, hours after the event, didn't see Ives while he was yelling, and had no context for what she heard.

Zickl countered that the witness, who apparently knows Ives, can ID Ives by his voice.

Judge Melissa Lightcap Cianfrini ruled that both witnesses can be called during the trial.

Apartment complex with 80 units proposed across the road from GCC

By Howard B. Owens
Countryside Apartments MedTech GCC
A portion of the parcels off of Assemblyman R. Stephen Hawley Drive and MedTech Drive, across from GCC in Batvia, where developers are planning an 80-unit apartment complex.
Photo by Howard Owens.

A Grand Island-based developer has submitted an application to the Town of Batavia to build an 80-unit apartment complex on 9.47 acres of land next to the MedTech Center, part of the MedTech Park, along Assemblyman R. Stephen Hawley Drive.

The location is across the roadway from Genesee Community College.

The land is currently owned by an entity of GCEDC, the Genesee Gateway Local Development Corp.

The name of the complex on the application is Countryside Apartments, and the application was submitted by David Mazur.

The plan calls for six 12-unit buildings and one eight-unit building with 24 three-bedroom apartments, 42 two-bedroom, and 14 one-bedroom, with 36 single-car detached garages.

The total project cost is expected to exceed $12 million.

The application does not include -- which is normal for building applications -- any information about possible construction incentives GCEDC might offer.

The project will require water, sanitary sewer, storm drainage, natural gas, cable, and electric utilities.

The developers are proposing a connection to the existing 12-inch water main with a 2-inch domestic water service and a 2-inch fire service for each apartment building.

The town board approved the land for Planned Unit Development (PUD) in November 2022.

When all the units are rented, the complex is expected to have minimal traffic impact.  On weekday mornings, 9.6 vehicles entering, and 36.1 vehicles exiting.  In the afternoons, 19.4 vehicles entering, and 36.1 vehicles exiting.

The Genesee County Planning Board will review the project at its meeting on Thursday.  The meeting is scheduled for 7 p.m. in County Building #2 on West Main Street Road in Batavia.

Countryside Apartments MedTech GCC
A portion of the parcels off of Assemblyman R. Stephen Hawley Drive and MedTech Drive, across from GCC in Batvia, where developers are planning an 80-unit apartment complex.
Photo by Howard Owens.
Countryside Apartments MedTech GCC
From the development application show the parcels of the proposed development.
Countryside Apartments MedTech GCC
One of the floor plans included in the development application.
Countryside Apartments MedTech GCC
Elevation renderings from the development application

Two people reportedly injured in accident involving motorcycle in Oakfield

By Howard B. Owens

Two people are reportedly injured after a collision between a car and a motorcycle at Lewiston Road and Maltby Road, Oakfield.

Oakfield Fire and Mercy EMS dispatched.

UPDATE 3:19 p.m.: Mercy Flight is on standby.

UPDATE 3:21 p.m.: Elba Fire requested to the scene to set up landing zone for Mercy Flight.

UPDATE 3:35 p.m.: Mercy Flight is on scene. A second helicopter is requested to the scene with a 21-minute ETA.

Cans for Careers Drive set for May 17

By Howard B. Owens
cans for careers
County Manager Matt Landers, Paul Osborn
deputy highway superintendent of facilities, parks, recreation & forestry, Scott Schrader, AQS Redemption in Elba, Chris Suozzi, VP business development, GCEDC, Alvi Castro, AQS Redemption, and Jay Lazaroni, work force development director.
Photo by Howard Owens

Press release:

Genesee County is announcing its Cans for Careers drive to support hands-on career exploration for youth at annual GLOW With Your Hands events and other related youth-related workforce development programs. Residents can drop off bottles and cans at three Batavia locations between 8 a.m. and 7 p.m. on Wednesday, May 17. Bottles and cans can be dropped off at the following locations:

  • Department of Social Services: 5130 E. Main St Rd, Batavia, NY
  • Job Development Bureau: 587 East Main St, Batavia, NY
  • County Building 1 (St. Mary’s Parking Lot): 18 Ellicott St, Batavia, NY 

“The annual GLOW With Your Hands and other career exploration events attract thousands of students throughout the GLOW region and within Genesee County and fundraising is an important component in conducting these events which are very volunteer intensive,” said Genesee County Manager Matt Landers.

Genesee County will host the one-day drive in conjunction with AQS Redemption Inc., a local New York State bottle and can redemption company. Residents can schedule free pick-ups or drop off their redeemable bottles and cans at the company’s location at 1 North Main Street in Elba, NY.  Area businesses can also host a bottle and can drive at their workplace.  Residents and businesses can call at 585-250-0870 or email aqsredemption@gmail.com to find out more information.

 “We are once again fortunate that AQS is willing to commit its collection facility for a full day in order to support our efforts as we look to enhance our workforce events and programs for our youth,” said GLOW With Your Hands Co-Chair and GLOW Workforce Development Board Executive Director Jay Lazarony.  “Our partners in Genesee County government also recognize the importance of workforce development and we appreciate their partnership in this endeavor.”

For more information on how to be a part of Cans for Careers, please visit glowwithyourhands.com/cans-for-careers.

Medicare rule change could add $8.5M to UMMC yearly budget

By Chris Butler
UMMC

A proposed rule change from the Centers for Medicare and Medicaid Services (CMS) could provide Batavia’s United Memorial Medical Center (UMMC) with an additional $8.5 million every year.

Other hospitals across the state would benefit with their own additional funding. The overall proposal, currently under review, could bring an additional $967 million every year to hospitals in upstate New York.

The proposal, if implemented, would deliver a big win for UMMC, whose administrators have long complained Medicare has underfunded them.
The state has a shortage of doctors and nurses. With additional funding, UMMC and other hospitals could pay for more specialists from both professions.

U.S. Senate Majority Leader Chuck Schumer (D-NY) announced the proposal Friday. He said hospital systems across upstate New York have for many years received less than the national average for the services they provide.

Rochester Regional Health (RRH) oversees UMMC. In a statement, company officials predicted good things will come from this extra funding.

“We are optimistic that this proposed rule change would be an important first step on the federal level to address the years of Medicare underfunding we’ve experienced,” according to the statement.
“Currently, RRH receives around $0.84 for every $1 we spend on Medicare patients. Moving forward, we will keep on working with our federal, state and local partners in the fight for fair funding levels so we can continue to provide the high-quality health care this community needs and deserves.”

The Medicare Wage Index rate is used to determine how much money the U.S. government pays hospitals for labor costs when they treat Medicare patients. Each metro area is assigned a rate that dictates whether they receive more or less than the national average for health care labor costs.

Since the 1980s, Schumer said hospitals in the Albany area, for instance, have received only 86 percent of what the average hospital receives to account for wages, which does not reflect that city’s true wages and labor market.

“This means that hospitals from Buffalo to Albany and Watertown to Binghamton, big and small, in rural and urban areas, can get the support they have long deserved,” Schumer said.

“I will use all my clout as majority leader to push CMS to finalize this proposed wage increase, and I won’t stop until Upstate NY hospitals get the full reimbursements they have been denied for too long.” 

Photo of United Memorial Medical Center in Batavia, by Howard Owens.

Bank Streetscape enhancements part of total package beginning this fall

By Joanne Beck
bus at crosswalk
Still photo taken from a video by The Bataivan about the crosswalk on Bank Street between Main Street and Washington Avenue in Batavia

After years of talking about and studying that Bank Street crosswalk — the one that's arguably a danger zone between Main and Washington — the city has plans to address it during what’s going to be a mighty busy infrastructure time beginning in mid-fall of this year, City Manager Rachael Tabelski says.

The City of Batavia has committed more than $1 million for a project to help reduce the street’s girth and slow down traffic, Tabelski said. A good portion of that amount — $944,943 — will come from a state TAP grant. (See council's discussion about the grant HERE.)

rachael tabelski
City Manager RachaelTabelski.
FIle photo by Howard Owens.

“The Bank Street Corridor Streetscape project was approved as a Capital Project by City Council.  The City received an NYSDOT TAP grant for a $1,113,900 project to re-align curb cuts, narrow the street for traffic calming and examine pedestrian elements such as the crosswalk," Tabelski said to The Batavian Thursday. "TYLynn has been selected by the city as the project engineer."  

Police Chief Shawn Heubusch, per The Batavian’s questions, checked on crash data for the last three years, and “found zero accidents at that crosswalk and only two nearby,” he said.

“There is no way to tell if they are attributed to the crosswalk itself, though. I am thinking they are not due to their locations (one is near the intersection of Main Street, and another one is farther north),” he said Wednesday. “I do not have the ability to pull data for tickets issued specifically for that area, so I cannot get you that data specifically.

shawn heubusch
Chief Shawn Heubusch

“I do not see this crosswalk in particular to be any more or less dangerous than other crosswalks in the City,” Heubusch said. “The issue with this crosswalk is that it is a mid-block crosswalk rather than at an intersection, but it is highly visible, and most everyone that travels that street knows it is there.”

His department does not have any data that supports the crosswalk being “anymore or less dangerous than others,” the chief said. “And I don’t see any others to be a large concern either.”

“I will say that we find, when responding to car/pedestrian accidents in general, that it is a mixed bag of who is at fault. Sometimes it is the pedestrian and sometimes the operator of the motor vehicle,” he said. “I do strongly support removing this particular crosswalk as it is a mid-block crosswalk, but in reality, there is no uptick in accidents caused by it, and if removed, people will cross the street there anyways.”

It's a popular location for crossing the street from the city parking lot, given the locations of the YMCA, the Jerome apartment complex, GO ART! and the Senior Center. 

The city is not the only entity interested in taking action to tighten up the safety along that section of Bank Street. A county Walkability Task Force has been discussing various areas to focus on, and it seems as though the crosswalk — which is directly in front of the Senior Center — is cause for that group’s concern as well.

The task force is planning to have one or more pop-up demonstrations for being safe at this or other crosswalks later this summer. The county’s Public Health Department received a $10,000 grant as part of a Walkability Virtual Academy program to improve, as the name implies, an area’s walkability via safety for pedestrians to do so.

In addition to the TAP grant and related work done for the streetscape, the city also received a water grant of $334,000 from the Northern Border Regional Commission. This funding is for a $418,000 project to replace the 6-inch waterline between Washington Avenue and Main Street with an 8-inch line. 

The water project is expected to start at the same time as construction for the police station, Tabelski said. These projects have been discussed and approved during prior council meetings. 

“Currently, the police station has achieved 100 percent design, and we are reviewing the final bid packages,” Tabelski said. "We have a goal to be out to bid in June, with construction starting mid-fall 2023 or early spring 2024. There will be a tremendous amount of construction activity on Bank Street with the infrastructure improvements and new (police) facility in 2024 and 2025.  

 “All of the projects will be coordinated, and the engineering teams will be communicating,” she said. “We hope to keep both lanes of traffic on Bank flowing as much as possible throughout the duration of construction.”

Five Le Roy seniors recognized for continuing their music education after graduation

By Howard B. Owens
le roy music students recognition
Jeffrey Fisher, one of the music teachers at Le Roy Central Schools, talks about music education while five graduating seniors who are entering college music programs look on. The students are Jackson Cain, Alexiana Clarke, Connor McGee, Evan Williams, and Nathan Yauchzee.
Photo by Howard Owens.

A lot of students pour through a school district's music program, but only a few of them put in the effort, show dedication and develop the skills necessary to carry on with their music education after graduation.

It's incredibly rewarding when a student follows that path, said Matthew Nordhausen, who teaches 5th and 6th-grade band in the Le Roy Central School District as well as serves as the district's primary percussion instructor.

"We obviously feel some pride in being able to help them build those skills to pass the auditions," Nordhausen said. "It's also incredibly rewarding, in about four years from now, when they graduate, and they go out into the workforce -- especially those that go into music education, because chances are, they'll come back to this area, and they might end up being our colleagues."

That's happened, he said.  Nordhausen said he's been teaching long enough -- 20 years -- now that he has former students teaching in Batavia and Monroe County.

On Thursday, Le Roy recognized five graduating seniors who are continuing their music education.

They are:

  • Jackson Cain, SUNY Fredonia for Music Education
  • Alexiana Clarke, SUNY Fredonia for Music Education
  • Connor McGee, SUNY Fredonia for Music Education
  • Evan Williams, Point Park for Music Theater
  • Nathan Yauchzee, SUNY Potsdam Crane School of Music for Music Business

Le Roy has a reputation in the region for quality music education, and Nordhausen said that comes down to the support the district gives to the Music Department and their ability to hire dedicated and talented teachers.

"The five of us --  Miss (Tasha) Dotts, Miss (Jessa) Dechant,  myself, Mr. (Jeffrey) Fisher, and Miss (Jackie) McLean -- we do work tirelessly for these kids, it's a 24/7 life, not a job. We're helping the kids before school, after school, anything they need, we're always accessible."

The district has helped ensure teachers hired are also qualified on instruments to provide individual instructions, and that is something, Nordhausen said, that many districts can't offer.

"It allows somebody like myself, who is primarily at the elementary school, to still be able to come up here (the high school) and teach my primary instrument, percussion, which allows our kids to get private instruction all the way through their senior year. That level of instruction is just unheard of. In another school district, you're going to have to seek out outside-of-school private lessons, but these kids are getting specific instruction on percussion for me and brass from Miss Dechant and woodwinds from Miss Dotts." 

Nordhausen is obviously enthusiastic about music education, and he encourages parents to get their children involved in music -- or any of the arts -- even if the parents have no background in music or art on their own.

Music is forever, he noted.

"Whether you have a musical family quote unquote or not, if you find a love of anything, whether that be music or art, then you should follow that passion through," Nordhausen said. "If you get involved in a great school district and a great program and a supportive one then you're going to be able to build those skills. I've often said, of myself, I am not the most talented musician, but I will be one of the hardest working ones. My colleagues are both talented and hardworking. And you can certainly overcome a quote-unquote a lack of talent if you're willing to put in the time and the effort."

le roy music students
Photo by Howard Owens

GC Fair organizers promise more to come this year after record 2022

By Joanne Beck
norm pimm
Norm Pimm presenting the annual fair report, and Legislator Gordon Dibble to his right.
Photo by Joanne Beck.

Record attendance of 70,000 people, the best year in recent history for vendors, the best midway year, and an increase in 4-H participants up from 35 two years ago to 165.

That upbeat news was in Norm Pimm’s 2022 annual fair report for Genesee County legislators; however, this year’s county fair is only expected to be bigger, better, and livelier than ever, the spokesman for Genesee County Agricultural Society said.

“People love our fairgrounds, they love our set-up,” Pimm said during this week’s Human Services meeting. “We have one of the top animal exhibits, at least one of the top three in New York State. That’s what the fair’s all about.”

The fair’s veterinarian went to check on the animals and “couldn’t believe how many we had,” Pimm said.

Ready for the numbers? There were:

  • 81 Dairy Cattle
  • 80 Goats
  • 48 Beef
  • 80 Swine
  • 65 Sheep
  • 204 Horses
  • 90 Rabbits
  • 155 Poultry
  • 18 Cavies

The Empire Classic Youth Sheep Show had 55 participants and 270 entries; the Genesee County Open Beef Show had 75 participants and 190 entries; Genesee County Open Swine Show had 50 participants and 160 entries; Draft Horse Show had 12 six-horse hitch teams from all over the country, the second largest show in the state.

So, what’s coming this summer? Some of it is new, and other features are bringing back or adding to old favorites, he said, such as more remote-control race cars, which will be free for kids, Pimm said. They were “a huge hit last year,” and will be locally sponsored by businesses.

There will be three kids’ days, with entertainment and midway discounts; nightly entertainment throughout the week; a petting zoo; two nights of fireworks; karaoke; the demolition derby and figure eight racing.

The Ag Society continues to invest proceeds into the fairgrounds, including $250,000 of mostly grant funds for electrical and sound upgrades — a work still in progress; upgrades of new siding, roof and furnace to the Kennedy Building; another construction/remodel project in the works for a new Agriculture Education Building; and upgraded wastewater/drainage.

The nonprofit is not dependent and focused merely on the fair and grounds, Pimm said, but also on additional events:

  • Six large horse shows booked for this year
  • Stockyard Classic Show Series
  • Food Truck Rodeo
  • A state Junior Beef Producers Show in April

“New, beginning in May … Memorial Day weekend … we’ll have a Stockyard Classic beef/sheep/swine and beef cattle series,” he said. “We’re doing a lot outside of the fair as well, to keep bringing money back to the fair.”

The Human Services Committee approved a resolution for the county to give $11,000 to the Genesee County Agricultural Society, to be used for 4-H judging and premium expenses, fair operations and related costs associated with the 2023 Genesee County Fair.

A resolution will be passed on to the next committee and eventually to the county Legislature for final vote. Funding has fluctuated over the years, with the highest level at $25,000, when the Society requested additional funding to make fair enhancements in 1999 to 2001; and zero funding in 2020 when the Society did not seek funding due to COVID-19.

This year's fair is set for July 22-29. To keep up-to-date on all of the fair events and the main page countdown clock, go to GC Fair. As it stands, there are 77 days, three hours, 11 minutes and nine seconds, no, eight, seven, six ...

Van strikes tree off Thruway in Pembroke

By Howard B. Owens

A van has reportedly left the roadway and struck a tree in the area of mile marker 404.6 in the eastbound lane of the Thruway.

Unknown injuries.

Pembroke Fire, Indian Falls FIre, and Mercy EMS dispatched.

UPDATE 1:50 a.m.: No injuries. 

Batavia Kiwanis recognizes outstanding service in criminal justice

By Howard B. Owens
Jason Ivison law day award
Det. Jason Ivision, Chief Shawn Heubusch, and Kiwanian Dave Rumsey after Batavia PD's Ivison received a Criminal Justice Award from the Batavia Kiwanis Club at the club's annual Law Day Luncheon at Batavia Country Club.
Photo by Howard Owens.

At Thursday's recognition luncheon held at Batavia Country Club, the Kiwanis Club of Batavia announced recipients of the 2023 Criminal Justice Awards. 

 The Kiwanis Club of Batavia Criminal Justice Award is presented to a member or members of the community, law enforcement, or a criminal justice agency serving the citizens of Genesee County whose exceptional career achievements and conscientiousness to citizenship have demonstrated a spirit of selfless public service or demonstrated an act of exceptional valor or heroism.

 The 2023 Award Recipients are:

Eric Andre award
Dave Rumsey, Sheriff William Sheron, Investigator Erik Andre, Kiwanis President Peter Guppenberger, Chief Deputy Joseph Graff, and Undersheriff Brad Mazur.
Photo By Howard Owens.

Investigator Erik B. Andre, Genesee County Sheriff’s Office  
Investigator Erik B. Andre began his career with the Genesee County Sheriff's Office in November of 2017, when he was hired as a Deputy Sheriff.  He brought with him prior law enforcement experience as he had previously worked as a Police Officer for the Village of Attica Police Department.  Investigator Andre's work ethic and law enforcement knowledge were quickly evident and led to his selection as a Field Training Officer.  Investigator Andre continued to perform his duties as a Deputy Sheriff to the highest standard, and in January 2022, he was promoted to the rank of Investigator.

Investigator Andre presents a calm demeanor and is a consistent example of professionalism.  Investigator Andre is a member of the Crisis Negotiator Team, where his ability to remain composed in high-stress situations is a valued resource.  Investigator Andre goes beyond the call of duty and shows a true commitment to the community.  Among his investigative duties, Investigator Andre has proactively developed and pursued several investigations involving retail theft crimes, which have led to arrests and successful prosecutions.  He takes pride in his work, he is an advocate for crime victims, and strives for an equitable outcome in his investigations.  In addition to his investigative responsibilities, Investigator Andre acts as a departmental Firearms Instructor and an Electronic Control Device Instructor.  He has been the recipient of a Sheriff’s Office Meritorious Service Award and a Commendation.  Investigator Andre was nominated for this award by Sheriff William A. Sheron Jr. and Chief Deputy Joseph Graff.

Spencer criminal justice award
Sheron, Rumsey, Guppenberger, Senior DIspatcher Jown Spencer, Mazur and Frank Riccobono, director of emergency communications.
Photo by Howard Owens.

Senior Emergency Services Dispatcher John W. Spencer 
Senior Emergency Services Dispatcher John W. Spencer has been a member of the Genesee County Sheriff's Office since 2007.  For the past six years, John has supervised the afternoon shift of the Emergency Services Dispatch Center, a shift that receives a high-call volume and regularly deals with crisis situations.  Senior Dispatcher Spencer's experience and knowledge are recognized during these high-stress calls for service.  He makes sure the appropriate equipment and personnel are notified and dispatched, which is a valuable asset to first responders. 

John has been the recipient of a Sheriff's Office Meritorious Service Award recognizing his excellent leadership and guidance for dispatchers, especially newer dispatchers. John has also received five Sheriff's Office Commendations which has proven his professionalism, compassion, and dedication to the citizens of Genesee County and Emergency Services.  Senior Emergency Services Dispatcher John W. Spencer was nominated for this award by Sheriff William A. Sheron, Jr. and Undersheriff Bradley D. Mazur.

Officer Jason Ivison, City of Batavia Police Department 
Police Officer Jason Ivison (top photo) has been employed by the City of Batavia for over 12 years.  He has excelled as an officer on road patrol where he served as one of the department’s primary Field Training Officers and was then promoted to Detective in 2019.  Since that time, Detective Ivison has developed into a key member of the Detective Bureau.  Detective Ivison has worked many high-profile investigations which have led to numerous arrests. Detective Ivison is known for completing thorough casework, which ultimately contributes to successful prosecutions in court.  Through his work, Detective Ivison has shown he is committed to seeking justice on behalf of the victims in his cases.  In addition to working his caseload, Detective Ivison also manages the City of Batavia's Sex Offender Registry.  Detective Ivison should be commended for his superior performance on behalf of the City of Batavia Police Department and the community in which he serves. Officer Davis was nominated for this award by City of Batavia Police Chief Shawn Heubusch.

Trooper Mader
Guppenberger, Rumsey, Trooper Bradley Maderer, Lt. Colin Sweeney.
Photo by Howard Owens

Trooper Bradley Maderer, New York State Police 
On December 23, 2022, during the harshest conditions of Winter Storm Elliott, Trooper Bradley Maderer, along with Probationary Trooper Sean Ogden, responded to Judge Rd (SR 63) in the Town of Alabama for at least 25 occupied, disabled vehicles, both in and off the roadway.  Time was a factor as plows were unable to clear the roadway, and some vehicles' gas levels were getting low.  Trooper Maderer located a resident who allowed their heated garage to be used as a temporary shelter.  Unable to effectively navigate the scene with his patrol vehicle, Trooper Maderer and Probationary Trooper Ogden patrolled on foot, checking the occupants of each vehicle. While experiencing below-freezing temperatures, extreme wind and snowfall, the Troopers guided the disabled vehicle occupants to the makeshift warming shelter or checked on them periodically if they wished to remain in their vehicles. Trooper Maderer remained on scene throughout the night at the shelter to ensure the safety of all citizens.  Trooper Maderer’s relentless effort undoubtedly saved lives, and he should be commended for his actions.  He played an integral part in the NYS Police response and was a big reason why there were no fatalities in Genesee County during Winter Storm Elliott.  Trooper Maderer was nominated for this award by New York State Police Zone Sergeant Benjamin Fasano.   

Deputy County Attorney Paula Campbell
Deputy County Attorney Paula Campbell’s dedication, professionalism, and knowledge of the law makes her a true asset to Genesee County.  She is always willing to educate others about the law, including employees, school officials, workers at the Child Advocacy Center, etc.  Ms. Campbell visited all the school districts in Genesee County to explain to staff the education requirements for abuse and neglect cases.  She also educated school staff on PINS/JD requirements, Raise the Age and other laws.  Recently, Ms. Campbell was made a supervisor within her department.  She is professional, empathetic and is always available after hours for situations that arise.  Paula Campbell was nominated for this award by Genesee County Department of Social Services Child Protection Supervisor Sandy Wojtaszczyk.

Charles L. Mancuso Mock Trial Award
The “Charles L. Mancuso Award” was presented to the members of the LeRoy High School Mock Trial Team as winners of the 2023 GLOW (Genesee, Livingston, Orleans, and Wyoming Counties) District Competition in the New York State Bar Association High School Mock Trial Tournament.  The award reads “Dedicated to the Memory of an Outstanding Attorney-Citizen”, Mr. Mancuso, a Batavia lawyer, served as coordinator of the local competition until his untimely death 16 years ago.  

The LeRoy High School team members honored at the luncheon include Jacqueline Arneth, Elaina Blake, Addison Burnside, Matthew Covert, Michael Covert, Katelynn Everett, Simeon Fisher, Andrew Greene, Meredith Ianni, Allie Ingles, Lyla Jones, Zachary Kirby, Maureen Klaiber, Ethan LaBabara, Daniel Mark, Molly Osterman, Anina Pabros, Emily Rigdon, Jack Tonzi, Carolyn Wujcik, Gabriella Zitz, Teacher-Coach Taylor Netchke.  The coordinator of the local Mock Trial Program, Kristie DeFreze, presented the award.

Note: Our apologies to Paula Campbell, and the Le Roy Mock Trial team. Because of a photographer's error, we don't have pictures of Campbell or the team.

Corey the Dribbler steals the show on Reading Night at Jackson Primary

By Howard B. Owens
corey the dribbler
Corey the Dribbler introduces himself to the students at Jackson Primary on Reading Night with some ball spins and flips.
Photo by Howard Owens.

Storytime, games, crafts, and hot dogs were all part of the fun of Jackson Primary Reading Night on Wednesday evening, but the highlight of the night for hundreds of clapping, laughing, and screaming school children was Corey The Dribbler.

Corey The Dribbler (Corey Rich) is a former Harlem Globetrotter and eight-time Guinness World Record holder.  After getting the attention of the children with his spectacular ball-handling skills, he shared a positive message about how the students can reach their goals and treat others with respect.

Photos by Howard Owens.

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Jackson School
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Jackson Primary
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Down early, Batavia bounces back to remain undefeated in Flag Football

By Steve Ognibene
Line of scrimmage makes a move. Photo by Steve Ognibene

The Batavia Lady Devils Flag football team picked up a big win at home last evening at Van Detta Stadium with a 16-6 victory over Eastridge to remain undefeated at 3-0 in its inaugural season.

Eastridge scored early in the opening half to lead 6-0.  Batavia answered back late in the half when quarterback Julia Clark passed to Nicole Doeringer for a 14-yard touchdown.  Clark scored the extra point on a 3-yard run.

From that point on, the Blue Devils' defense was stout.

"That was the first time all year that a team came out in the opening drive and scored on us," said Defensive Coordinator Aaron Fix. "We haven't been in that position before. And I was really proud of how all the girls stayed composed. They got after it after that, and I thought our aggressiveness, upfront with our two girls that we brought a lot of pressure with, they did a phenomenal job. And our safeties did a great job staying back playing that pass. So it was really a great defensive team effort tonight."

At halftime, Batavia led 7-6. 

After a mistake by Eastridge, when an offense was flagged for holding in the end zone, Batavia added two points on the safety, making it 9-6.

"That was a huge play for us," Head Coach Ben Bucholtz said. "When you get those defensive points, it's a bonus. Our girls were relentless on the defensive side of the ball. That was just an effort play (The player who committed the penalty) had no choice but to hold her or to give up a sack. So either way, it was gonna be a safety. It gave us a lot of confidence coming back out, being able to turn the football around and burn some clock and then punch another one in to seal the win."

Senior Tiarah Banks picked off a pass with three minutes left in the game.  

On the next play, Julia Clark scored on a 39-yard touchdown run, and the extra point attempt was good.  

And the 16-6 score held the rest of the game.

Sophomore Kylee Brennan led the team with nine tackles, and Jamin Macdonald had five tackles.  Julia Clark had 131 yards on the night in passing and running.

The team is 3-0 but there's still the rest of the season to play, Bucholtz noted.

"We have a ton of things to clean up. I mean, these girls are learning every day," Bucholtz said. "We made a lot of mistakes today. To come out on top is a testament to how hard they're working. We're still learning. They're learning, learning, learning. This is the first year of it, so these girls are put on their thinking caps when they get to practice, and they really, really enjoy it."

Batavia Lady Devils' next game is on May 16, at home versus Rochester Academy Charter School, game time 7 p.m.

To view or purchase photos, click here.

Photos by Steve Ognibene.

Jamin MacDonald and Tiarah banks applying pressure on Eastridge. Photo by Steve Ognibene
Ella Radley moving the ball up the field. Photo by Steve Ognibene
Kylee Brennan making one of nine tackles on the night. Photo by Steve Ognibene
Julia Clark on the move to the goal line. Photo by Steve Ognibene
Celebration after first touchdown. Photo by Steve Ognibene
Nicole Doeringer scores Batavia's first touchdown. Photo by Steve Ognibene
The Blue Zoo on hand supporting the girls.  Photo by Steve Ognibene
Batavia squad sharing excitment after touchdown to regain the lead in first half.  Photo by Steve Ognibene

Lottery drawing selects 55 tenants for Ellicott Station, Savarino says

By Joanne Beck
Ellicott Station project w/ Savarino sign
File photo. The Ellicott Station apartment during construction this winter. 
Photo by Howard Owens.

Tuesday’s lottery drawing was the next step in the process of filling Ellicott Station with tenants, the new housing complex in downtown Batavia.

The drawing happened in Savarino Companies’ Buffalo office, and The Batavian followed up with company President/CEO Sam Savarino for details about how it went.

More specifically, we asked how many people were chosen, and how many were singles and families, the income levels and if they were all employed, as Savarino had expressed they would be during a prior interview.

He was not sure what information would be “proper to divulge” about the 55 tenants chosen by lottery and on a waitlist, Savarino said Friday.

“So I have to politely decline your request at this time. It was announced at the event that there would be follow-up for qualifying/vetting pursuant to guidelines,” he said. “It was evident that nearly all 55 identified currently reside in Batavia or (in the) immediate environment.”

The lottery was part of an application and selection process for the new one- and two-bedroom housing complex on Ellicott Street. 

According to the application guidelines, income qualifications meet very low levels that, in some cases, are too high for minimum wage earners, making it seem likely that at least some applicants will fall within Section 8 parameters.

City of Batavia management and City Council members sent a letter to Housing and Community Renewal for reconsideration of current income levels set for Ellicott Station, so that higher salary earners (per the median area income) could be eligible to apply for apartments.

Both sides have talked, Council President Eugene Jankowski Jr. said, but no other details have been disclosed. City Manager Rachael Tabelski has not responded to requests for updates related to the issue.

File Photo of Ellicott Station in an earlier phase of construction, by Howard Owens.

Photo: Star Wars Day at Foxprowl Collectables

By Howard B. Owens
mandalorian may 4 foxprowl star wars

How did you celebrate May 4th, aka, Star Wars Day?  At Foxprowl Collectables on Ellicott Street in Batavia, they celebrated with a visit from The Mandalorian and his fans.

Top Items on Batavia's List

Tourism Marketing Assistant Position The Genesee County Chamber of Commerce, serving as the official tourism promotion agency for Genesee County, NY is seeking an experienced marketing professional to assist in the overall Chamber tourism and marketing initiatives for Genesee County. https://visitgeneseeny.com/about/join-our-team
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Town of Batavia Court Department is seeking a part time as needed Court Officer. Court Officers are responsible for maintaining order in the court room and court facility during proceedings. Please send resume to Town of Batavia, Attention Hiedi Librock, 3833 West Main Street Road, Batavia, NY 14020. Complete job description is available on the Town web site or at the Town Hall Application deadline is April 15, 2024.
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