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Jim Maxwell named NYS Fire Chief of the Year

By Howard B. Owens

Press release:

The City of Batavia Fire Chief Jim Maxwell has been selected by the New York State Association of Fire Chiefs (NYSAFC) as the 2014 Career Fire Chief of the Year. Chief Maxwell received this award at the NYSAFC annual conference held on June 12th.

Chief Maxwell started working for the City in August 2010 as a 23-year veteran of the Kodak Fire Department (KFD) Eastman Kodak Company. During his career with the Kodak Fire Department, he is credited as serving as a HazMat resource tech, senior firefighter/EMT, lieutenant, captain and battalion chief. Chief Maxwell has also been a volunteer firefighter with Lakeshore Fire Department and North Greece Fire Department for more than 30 years.

City Manager Jason Molino said, "Chief Maxwell is an exemplary leader who has always been focused on putting needs of the City of Batavia residents above all else. He is forever committed to making the Batavia Fire Department the best it can be, and continues to dedicate himself to the men and women he serves with. It has been an absolute privilege working with such a professional and accomplished leader like Jim, and I congratulate him on being honored with this award."

This award is presented to association members for demonstration of exemplary leadership that has not only benefited an individual fire department, but also the emergency services of New York State. Honorees are chosen each year based upon their exemplary leadership, innovation, professional development, integrity, service to the public, and contributions to the fire service as a whole.

Alleged owners of 420 Emporium face federal charges two years after raids

By Howard B. Owens

It's been nearly two years since multiple law enforcement agencies raided The 420 Emporium, the erstwhile head shop once located at 400 Ellicott St., Batavia, but today authorities announced federal indictments against two alleged owners of the business.

Charles Darwin Fitzgerald, 39, and Amber Lynn Snover, 23, both of Rochester, have been charged with conspiracy to distribute, and distribution of, Schedule I controlled-substance analogues and maintaining drug-related premises. 

They face a maximum penalty of 20 years in prison and a possible $1 million fine.

According to a press release from the U.S. Attorney's Office, Western New York, the defendants are accused of conspiring to possess with intent to distribute alpha-PVP, pentedrone and AM2201, which are all Schedule I controlled-substance analogues. The indictment also charges the defendants with maintaining four drug-related premises in New York for the purpose of manufacturing, distributing and using alpha-PVP, pentedrone and AM2201:

  • 21 West Hills Estate, Rochester;
  • 420 Emporium Store, 14 Market St., Brockport;
  • 420 Emporium Store, 400 Ellicott St., Batavia;
  • 420 Emporium Store, 1475 E. Henrietta Road, Rochester. 

Federal authorities are also seeking forfeiture of more than $770,000 in cash seized July 25 from the Fiztgerald-Snover residence in Greece as well as the property.

The 420 Emporium in Batavia was an infamous business for the 10 or so months it was open. The operators were suspected of selling various kinds of synthetic drugs, known generically as bath salts, and synthetic marijuana. 

Usage of the drugs was suspected in several bizarre and odd incidents locally.

Previously:

The sudden prevalence of bath salts in the community led to citizen protests.

After the 420 shut down, bath salt-related incidents became much less common (though did not completely go away) in Genesee County.

At the time the 420 was open, its ownership seemed murky.

Fitzgerald is listed in Monroe County documents as the owner of 420 Emporium, Inc. Snover once claimed on Facebook to own the 420 Emporium locations in Brockport, Fulton, Henrietta and Syracuse, but not Batavia. When contacted in 2012 by The Batavian, she denied ownership and then filed a harassment complaint with Greece PD against the reporter working on the story. State and local records showed Joshua Denise owned the 420 Store, LLC, at 400 Ellicott St., Batavia.

The 39-year-old Denise was arrested, along with Michelle Condidorio, during the July 25, 2012, raid. Both entered guilty pleas to possession of a controlled-substance analogue. Denise will be sentenced Aug. 21 and Condidorio on Sept. 18.

The 420 Emporium also operated a store in Fulton. That store is not listed in the indictment, but it is outside the jurisdiction of the WNY U.S. Attorney's Office. We don't know at this time if there is a separate indictment in the Central New York jurisdiction.

The July 2012 raid in Batavia was part of a one-day, nationwide effort to crack down on alleged bath salt distributors.

See also: From China White to bath salts, designer drugs ongoing public safety challenge

All photos are file photos from previous coverage.

Local 12-year-old races stock cars, dreams of being in the Daytona 500

By Julia Ferrini

Oftentimes, young boys can be seen playing with Matchbox cars or Tonka trucks, building roads and ramps in playground or backyard sandboxes during the summer. As they get older, remote-control cars and trucks get tested on homemade ramps, curbs or other obstacles boys deem interesting. On rare occasions, one may find a young boy who races stock cars. Now we’re not talking modified stock cars to fit a growing boy’s frame, these cars are full-size NASCAR-style vehicles, equipped with all safety modifications required of NASCAR. 

Meet 12-year-old Dante Mancuso, of Batavia. The seventh-grader is currently ranked number one in the Bandit Class division at Raceway 5 at the Genesee County Fairgrounds. The 12- to 18-year-olds, race on an oval dirt track and can reach speeds of up to 50 miles per hour.

“There’s no chance of me going anywhere because I’m so locked in there,” Mancuso said. “I can only move to shift and steer.” 

Backtracking just a bit, just how did this young lad become interested in racing?

“On my first birthday my dad got me one of those little four-wheelers,” Mancuso said. “I have loved driving ever since.”

Racing does seem to run in the family. Mancuso’s grandfather, Steven Popovich, was a stock car driver in the '50s, driving on both dirt and asphalt tracks. He raced at Lancaster National Speedway when it was still a dirt track under the nickname “The Royal Rebel,” driving car number 30. Additionally, family friends, Larry Richmond and Larry Corp, would also take Dante to the races.

Yet the real beginning was when Mancuso started racing RC (radio-controlled) cars competitively at the age of 9 at the KRZ Raceway and Hobby, Batavia.

“The more I competed, the more I wanted to try and race with something I can sit in and drive,” Mancuso said.

The 1988 Ford Mustang LXT Mancuso drives is a standard six-speed, sporting a number one on the door and “Elvis” where the license plate is normally found. 

“The safety precautions,” David Mancuso, Dante’s father, said, “they’ve taken the NASCAR safety features and applied them to the cars these boys drive.”

“I hit the wall in a recent race,” Dante said, “and it felt more like a tap because I’m so strapped in.”  

“When he hit the wall, he hit the tires first and bounced back a bit before actually hitting the concrete wall and that slowed the impact,” the older Mancuso said. “Even with all the safety features my wife still can’t watch. She puts her head in my lap during the race.”

The aforementioned tires are ones that line the concrete barricade for just such incidents. It’s a safety feature built into the track.

Although the young Mancuso participates in what most would consider an adult sport, he is still a kid and school takes precedence over racing. 

“After school I’d do my homework and if I can, I work on my car,” said the Batavia native. “But Saturdays are the best day because I get to do my favorite thing -- other than spending time with my family -- and that’s working on my car.”

The deal with his parents is this: “If I fail a class, I don’t get to race."

“I’m really excited about summer,” Dante said, “because I also play football.” 

Last year, Mancuso played for the Batavia Bulldogs, the Batavia town league. This first stringer played many different positions on the defensive line.

“I like to say he’s got the ‘Eye of the Tiger,’ ” the elder Mancuso said. “He likes to win.”

“When you lose, you learn something. When you lose, you lose with pride,” Dante said. “I learn something when I lose. As the racing saying goes ‘Don’t let your head get too big.' In other words, don’t get overconfident in yourself. Learn something from every race.” 

While the middle-schooler prepares himself to go further in racing -- having his eye on the Winston Cup or the Daytona 500 -- right now he says he wants to be the best he can be “in life, in racing, in general. Just to be the best I can be.

“Racing is a team sport. It’s no use getting angry at losing, just learn something for the next race, because you never know, you could take first in your heat and then win.”

Mancuso races against six to 10 other drivers. There are two races on race night: the heat, then the feature.

“To qualify in a heat, you need to finish the heat,” Dante said. “Depending on where you finish, that places you for the feature.”

Racing is a point system from both the heat and the feature races. Each placement -- first, second and so on -- garners points and position. With races held every weekend, weather permitting, he never really knows what’s in store for him.

“Before I even get out on the track I take 10 seconds to just breathe and clear my mind,” the boy said. “When I get on the track I focus on the track and nothing else. I’m focused on winning.

“Most important of all, other than my mom and dad’s support, if I didn’t have (the support of) fellow racer Jason Babbitt (Babbitt Racing) and Larry Corp (chief mechanic at Mancuso Limo),” Mancuso continued. “I wouldn’t be able to race.”

More often than not, Mancuso works alongside his crew to learn not only the basics of car mechanics but the more intricate details of owning a car.

“They teach me the mechanics as I go along,” Dante said. “I’ve learned how to change racks and transmissions and things like that.”

Mancuso’s sponsors include his dad, David Mancuso of Mancuso Limo and Buses of WNY, Batavia; Nate Mancuso of Caesar Auto and Truck, Bergen; and James Gayton of The Detail Shop, Batavia.

When asked why he is involved in a potentially dangerous sport: “It’s my passion. I love to do it.”

Gillibrand announces $125K in funding for Habitat for Humanity affiliates in rural counties

By Howard B. Owens

Press release:

U.S. Senator Kirsten Gillibrand today announced a $125,000 grant from the United States Department of Agriculture’s (USDA) Rural Community Development Initiative Grant Program for Habitat for Humanity New York State, Inc. (HFH-NYS). The organization’s nine local affiliates throughout Upstate New York will use the funding to get training and technical assistance on board development, family selection and mortgage compliance, finance management, fundraising and resource development as well as energy efficient construction and improvements.

“Access to stable housing is essential for the health of our families and the economic strength of our communities,” Senator Gillibrand said. “Funding for Habitat for Humanity of New York will provide their Upstate New York affiliates with training and technical assistance to better serve those in need of quality housing.”

Habitat for Humanity was founded in 1976 and has built quality housing throughout 70 countries for those in need. The New York chapter was chartered in 2007 and works through 53 affiliates throughout New York who have produced more than 1,700 homes and created more than 300 jobs. Habitat for Humanity New York State will use the funding to provide technical assistance and training to nine Habitat affiliates in Upstate New York to help eliminate substandard housing.

The federal funding will be used by the Chautauqua Area Habitat for Humanity in the Chautauqua-Allegheny region; the Columbia County Habitat for Humanity in the Capital region; the Raquette Valley Habitat for Humanity in Watertown; the Habitat for Humanity of Otsego County in Central New York; the Ulster County Habitat for Humanity in the Hudson Valley; as well as the Habitat for Humanity of Genesee County, Habitat for Humanity Livingston, Orleans County Habitat for Humanity, and Southeastern Steuben Habitat for Humanity, which are located in the Rochester-Finger Lakes region.

USDA Rural Community Development Initiative grants were developed to assist community-based organizations and low-income rural communities in improving housing, community facilities and economic development projects in rural areas.

Hawleys give Rotary members a sneak peek at new malt house

By Howard B. Owens

Ted and Patty Hawley have been working for three years to open a malting house in Batavia. The process is almost done, and Tuesday, the Hawleys provided a tour of their new facility on their farm on Bank Street Road to members of the Batavia Rotary Club.

Ted Hawley spoke for about 20 minutes about the history of malting and beer brewing in New York, why he decided to get into malting and how the process works.

Rotary members were able to sample the taste of about a half dozen different barley grains.

At one time, New York was number one in barley and hops, but the emergence of better growing areas and prohibition killed the industries in the state.

In Batavia, decades ago, there was a malt house off Elm Street owned by Charles Fisher, and Genesee Brewery made malt in a facility on Lyons Street.

Even though there are no commercial breweries in Genesee County now, microbreweries are popping up all over the state, even in WNY.  The growing demand for malt is what got the Hawleys interested in starting their own operation. 

Once the new malt house is fully up and running, Hawley said there's already enough demand from microbreweries in WNY that he doubts any of his malt will be sold to downstate markets.

Before a resurgence in microbreweries in New York (there are now 128), it had been generations since malting barley was grown locally.  

It's a challenge to grow in New York because of moist air. Fungus can wipe out whole crops and at harvest time, there's a short window of opportunity to combine the stocks before the grain starts to germinate.  

Last year, the Hawley's lost 40 acres of grain because of a day or two of rain right when the barley should have been harvested.

Hawley said the grain looked good in the field. It looked good after the straw was cut and the grain was brought to the malt house, but when he did a pre-germination test, he found that at a microscopic level, it had already germinated, killing all of the enzymes. 

Some of that barley went to area distilleries, which can still use barley at that stage, but most of it became livestock feed.

In order to grow enough barley for his three-tons-a-day malting operation, Hawley needs to partner with local farms to grow his barley (and Hawley is still running experiments with Cornell Cooperative Extension to find the right variety of barley to grow locally -- a four to five year process).

It can be daunting to introduce the idea to a farmer who has no experience with malt varieties of barely (which are higher in enzymes and lower in protein than feed barely).

"It's a real challenge to grow it," Hawley said. "When I talk with a farmer about growing it for me, it's hard not to deter them."

To grow it, a farmer must use about half as much nitrate fertilizer as he would for feed or wheat. There's a limited five-day window to spray for fungus, which if missed means the crop is lost. And at harvest, the combine must be run at about half speed so the grain heads aren't scabbed.

For all that, Hawley said, it's still a worthwhile crop for the right farmers.

"It's a very good gamble," Hawley said. "I'll pay them twice what it's worth as feed. It could be very lucrative to somebody who takes good care of the crop."

Previously:

Law and Order: Man accused of trying to run over Corfu resident

By Howard B. Owens

Justin Robert Swift, 35, of Guildhall Road, Henrietta, is charged with two counts of reckless endangerment and harassment, 2nd. Swift is accused of fighting with another person, then after the initial confrontation, driving his vehicle through the lawn of the Village of Corfu resident's home and attempting to strike him with the vehicle. Swift was jailed on $15,000 cash bail or $30,000 bond.

William R. Sturgeon Jr., 38, of South Main Street, Oakfield, is charged with two counts of forgery, 2nd. Sturgeon allegedly used another person's credit card on two separate occasions in April, 2013, to make purchases without the cardholder's knowledge or consent.

Summit Street closed for water line replacement

By Howard B. Owens

Press release:

A water service replacement is scheduled for Thursday June 19 on Summit Street. This work will require Summit to be closed to traffic from Ellsworth Avenue to North Street until the repair is completed. The road will be closed at approximately 8:30 a.m. This work should not impact water service to customers.

Photo: New water tower branded OAKFIELD

By Howard B. Owens

Village of Oakfield Mayor Jason Armbrewster submitted this picture of "OAKFIELD" being painted on the community's new water tower. He said the picture was taken Saturday by Dave Drexel, the project inspector from Clark Patterson Lee. Armbrewster said the old water tower will come down some time this summer and there will also be a ribbon cutting at a later date for the new water tower.

Public hearing scheduled on proposed tax incentives for U.S. Gypsum expansion

By Howard B. Owens

The public is invited to weigh in during a public hearing at 4 p.m. Monday Tuesday, June 24, on a proposal to provide U.S. Gypsum with tax incentives for a major upgrade to its Oakfield plant.

The proposed tax abatements total $375,748.

U.S. Gypsum is considering investing $23.6 million in the plant, adding production capabilities that would create 12 new production jobs within three years after the project is completed.

Project description:

The United States Gypsum Corporation (USG) is considering upgrading its Oakfield, NY, paper mill, which currently supplies USG wallboard plants with the back paper "newsline" for sheetrock wallboard, to include face paper "manila" production capacity.

The Project includes replacing and relocating the hydropulper and detrashing equipment, stock cleaning, and manila production. Management has been considering upgrades to the facility as it is more efficient to produce the back as well as the front paper applications. Completing this Project will improve safety, quality, and efficiency to ensure the longevity of the facility as well as the retention and creation of manufacturing jobs.

The investment for the Project is expected to be approximately $23 million and will be implemented in three separate phases. Phase I activities, which are expected to commence approximately in the second quarter of 2014, will include replacing and relocating the filler pulper. Phase II will require stock cleaning which will commence in 2015. During Phase III, the facility will begin manila production which will commence in 2016.

If completed, the project is expected to retain 98 jobs at the Oakfield plant.

The proposed tax relief package includes $132,960 in sales tax exemption and $242,788 in property tax abatements on an 18,400-square-foot addition, creating an increased assessed value.

U.S. Gypsum would save $242,788 in taxes on the increase assessed value (while continuing to pay current property taxes) over 10 years.

The public hearing is scheduled to be held at the Oakfield Town Hall, 3219 Drake St., Oakfield.

Accident reported at Bank and Ross, Batavia

By Howard B. Owens

A motor-vehicle accident with injuries is reported at Bank and Ross streets, Batavia.

Head and face injuries are reported.

City fire and Mercy EMS dispatched.

Law enforcement on location.

Bill introduced by Hawley to assist military families passes Assembly

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced movement of legislation, A.9216, to a floor vote which assists military families who have to relocate to New York because of a change in their duty stations and veterans who are transitioning back into civilian life. It allows children of these military families flexibility in course requirements when transferring to new schools because of the move. It also allows veterans who are new to the state to receive in-state tuition at SUNY and CUNY schools. The bill makes the family members of men and women who died from combat wounds eligible for supplemental burial allowance, and allows the Department of State to let out-of-state licensed real estate brokers in military families practice in New York.

“As the ranking member on the Veterans’ Affairs Committee, I considered this bill a high priority because it addresses issues unique to military families. This legislation will make the transition for military families into New York easier. This is one small way we can show our appreciation for the men and women who serve our country,” Hawley said.

Hawley announces summer reading challenge

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced the beginning of his annual Summer Reading Challenge for elementary and middle school students. The challenge requires students to read at least 15 minutes each day for 40 days in the months of July and August. The children who complete the challenge will receive an official certificate from Hawley recognizing their achievement.

“Helping young people develop reading skills is critical to their education. I encourage every parent who wants their child to have a productive summer to get a Summer Reading Challenge from my office,” Hawley said. “My hope for this challenge is that it helps develop a lifelong love of reading that benefits them for the rest of their lives.”

Parents who want their kids to participate in the Summer Reading Challenge can contact Hawley’s office at 585-589-5780 to obtain a Summer Reading Challenge brochure, which has the list of recommended readings and a calendar to track progress.

Ghost Riders (both bands) bringing a free music show to Downtown on Friday

By Howard B. Owens

The Ghost Riders and The Ghost Riders Drum and Bugle Corps team up again for another free concert in Downtown Batavia at 7 p.m., Friday.

The venue this time is Larry's Steakhouse -- well, the concert is outside on the sidewalk and Ghost Rider Bill McDonald encourages music fans to bring their lawn chairs.

Larry's will be serving drink and food specials for the event.

(File Photos)

Accident with injuries reported on West Main Street Road, Le Roy

By Howard B. Owens

A motor-vehicle accident with injuries is reported in the area 6852 W. Main Street Road, Le Roy.

Le Roy fire and Le Roy ambulance dispatched.

UPDATE 9:08 p.m.: Mercy EMS also responding. Route 5 is being closed to eastbound traffic at Bater Road.

Storm-related calls for this evening

By Howard B. Owens

A tree and wires are down at 5968 W. Sweden Road, Bergen. The roadway is blocked. Bergen fire dispatched.

A tree and wires are down at 45 Church St., Elba. Elba fire dispatched.

UPDATE 8:35 p.m.: A utility pole has snapped and power lines are down in the area of 6112 Byron Elba Road. Byron and South Byron fire departments dispatched.

UPDATE 8:43 p.m.: A tree and wires are down in the area of 1075 Ham Road, Alabama. Alabama fire dispatched. Also, on 6323 Warboys Road, a pole is down with wires in intact.

UPDATE 9:43 p.m.: Town of Batavia Fire Department is requested to 5025 Ellicott Street Road, Batavia, for water coming through an electrical panel.

UPDATE 10:02 p.m.: State Police have requested Pavilion fire police to shut down Route 63 at Route 19 because of a stuck railroad crossing gate.

Wires down, large grass fire on Clipnock Road

By Billie Owens

Power lines are down and there is a large grass fire at 9267 Clipnock Road, near Sweetland Road. Bethany and Stafford fire departments are responding. National Grid is notified.

Transformer on fire, power lines down at Old East Bethany Road and Ellicott Street Road

By Billie Owens

A transformer is on fire at Old East Bethany Road and Ellicott Street Road. All three primary power lines are also down in the roadway and arcing. Bethany Fire Department is responding.

UPDATE 2:14 p.m.: National Grid is notified.

UPDATE 2:21 p.m.: On off-duty law enforcement officer reports the fire is out, but the power lines are blocking the roadway.

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