Darien

And then there was one.

The Pembroke Town Board on Thursday night voted, 5-0, to sign an amended water supply agreement with Genesee County, leaving the Town of Darien as the lone municipality not to opt in to a contract that would set the stage for $10 million in sales tax distribution from the county to its towns and villages over the next 38 years.

“We felt that it was more important to secure sales tax funding than to hold out on the water agreement,” Pembroke Town Supervisor Thomas Schneider Jr. said. “In good faith, we believed that it was best to mend some fences with the county.”

In a previous story on The Batavian, Schneider indicated there were some hard feelings over the way water agreements were handled in the past, but the current board is willing to give county leaders the benefit of the doubt – believing that the legislature will attain its goal of equalizing the water surcharge.

Schneider also said he talked to County Manager Matt Landers about the potential of “bumping up” the guaranteed sales tax money to be shared with the municipalities in light of the Village of Corfu (at the end of July) and Town of Pembroke opting in.

PEMBROKE MAKES COUNTEROFFER

“Hopefully, we are thinking that the $7 million in sales tax distribution could go to maybe eight or eight and a half million – based on having Corfu and Pembroke on board.”

Genesee County’s offer to distribute $10 million in straight sales tax revenue is contingent upon universal buy-in from its towns and villages.

Without that universal buy-in, the proposal is to distribute $7 million in annual sales tax revenue and an additional $3 million in other revenue on a periodic basis over the next 38 years.

Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Legislature Chair Rochelle Stein was asked if lawmakers would consider Schneider’s proposal to increase the guaranteed sales tax distribution.

Choosing her words carefully, she replied, “Here’s what I’m going to say: Let us do our work.”

“We have not met and we won’t until Monday. So, there’s a process that we follow and let us do our work. But, certainly, that suggestion is taken and welcomed.”

FIXING UNBALANCED TAX RATES

Currently, the county’s revenue sharing process has created a situation, per state law, where towns with villages inside them have to keep two separate books and have two separate tax rates – an A fund for townwide sales tax that affects everyone and a B fund for sales tax that only affects the services of taxpayers outside the village.

Stein said the legislature’s focus has been “to be able to direct that revenue sharing into the B funds of those towns and villages; that is our focus for this entire process. And, if we can find a way to get there together, that’s our goal.”

She previously explained that the $10 million figure that the county is committed to putting into the sales tax agreement would fix the unbalanced A and B tax rate.

When asked if she thought the Darien Town Board would change is mind and opt in, Stein said she that if it did reconsider, it would need to be mindful that the county has a timetable to adhere to “that is significant because our calendar has already started.”

The legislature’s Ways & Means Committee is expected to address the situation at its meeting this Monday, with the full legislature scheduled to vote on a distribution amount on Aug. 25.

“Plus, the City of Batavia has to do this at their meetings in September and the (New York State) Office of Comptroller needs 60 to 90 days and we already want to be able to distribute our third quarter payments (in October) as sales tax,” Stein advised.

“Time is not our friend right now,” she said. “But for those six towns that have the B funds or that have villages in their towns, it is truly meaningful for their more rural taxpayers to rebalance that property tax imbalance that is occurring right now for them.”

PURSUING WATER RATE EQUALIZATION

Landers said he was “happy” to learn that Pembroke passed the resolution.

“I know that they will be hopeful that the county as a whole, not just Genesee County but the towns, will remember this 5-0 vote when it comes time for the equalization of the retail water rate charged by the Monroe County Water Authority,” he said.

“The county can recommend an equalized retail rate and, again, I’m certain that Pembroke is hoping for a spirit of cooperation seeing that they agreed to sign this agreement because they know it is best for the county as a whole.  It is in everyone’s best interest to have an equalized rate because it allows for the free flow of water a little easier between the center and western parts of the county.”

Landers explained that the original agreements with towns and villages dating back to the early 2000s each had “little nuances in them,” with different considerations.

“When the county took over individual water systems, the county water fund would make some compensation sometimes for that,” he said. “For example, we paid off some of the debt of the Corfu water plant for that village. All of the amended water supply agreements that the county have undertaken over the last three or four years have been uniform; we wanted to make sure that they’re all the same.”

The new agreements allow for the county, with proper notification and justification, to increase the surcharge above 60 cents (per 1,000 gallons). The original agreements were frozen at 60 cents but since then, the later agreements raised it to $1.20 to pay for Phase 2 of the Countywide Water Supply Project.

CLEANING UP THE LANGUAGE

The county manager said one of the sticking points was the county removing erroneous language in the initial agreements that guaranteed supplying water to the municipalities.

“It’s erroneous in the sense that the Monroe County Water Authority, in our agreement with them, can’t guarantee us water; there are things that can happen,” he said. “It is difficult for us to guarantee something that’s not guaranteed to us.”

He said that changes had to be made “because we need water to pay for water.”

“When we go to Phase 3, 4, 5, 6 and 7 (of the Countywide Water Supply Project), if there needs to be an increase (in the surcharge) to pay for the debt service, there needs to be a way to pay for it,” he said, adding that 20- to 30-year cash flow projections – including the retirement of some debt service -- indicate that the surcharge should not increase that much, if at all.

Landers said that he continues to speak to Darien Town Supervisor Steve Ferry Jr. about his board’s decision.

“If Darien passed a resolution next week and they signed the water agreement, it is possible that the amount in the resolution on the floor of the legislature on August 25^th could be amended to be increased to $10 million,” he said. “I still have hope that we can find a path forward so that we can share the full $10 million in sales tax, and have everyone on the same water supply agreement.”

Asked if Ferry has sought concessions from the county, understanding that Darien has been paying more for water than other towns and villages, Landers would not go there.

“I don’t want to get into the subject of proposals back and forth,” he said. “I want all of that to be discussed between him and I, and our legislature and his board.”

Previously: Darien Town Board votes to not accept county's updated water agreement offer; Corfu signs on; Pembroke TBD.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

Village of Corfu? In.

Town of Darien? Out.

Town of Pembroke? To be determined.

That’s the status of three municipalities on the western side of Genesee in the county’s quest to achieve updated water supply agreements from all towns and villages leading up to a proposed $10 million annual sales tax distribution plan.

Corfu, Darien and Pembroke had been holding out on signing the amended water agreements since early July when the Genesee County Legislature introduced its potential solution to revenue distribution by linking it to a reworking of current water supply pacts.

On July 28^th, Corfu trustees voted to accept the agreement.

Last week, Darien Town council members voted, 5-0, to not accept the county’s offer.

And this coming Thursday (Aug. 12), the Pembroke Town Board is scheduled to vote on the issue.

A $10 MILLION OFFER

As previously reported, the county needs universal buy-in to the updated water agreements to set a plan in motion to distribute $10 million in sales tax revenue to municipalities over the next 38 years.

Without all towns and villages opting in, the county is proposing to distribute $7 million in annual sales tax revenue and another $3 million in other revenue on a periodic basis over the next 38 years. Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Contacted Sunday, County Manager Matt Landers explained that money would have to be withheld from communities that don’t sign the agreement to ensure that the water fund is made whole.

“In those cases, it will be the entire community paying for it and not just the water users,” he said. “For the Town of Darien, we’ll make sure water consumption is covered at $1.20 (per 1,000 gallons) if it can’t be covered by a surcharge because there’s a valid contract in place only charging them 60 cents. So, we’ll just have to equalize that through lower revenue distribution payments.”

Landers said he respects Darien’s decision, but welcomes further discussion with Darien Supervisor Steve Ferry Jr. and the board.

“We would love to have a $10 million sales tax sharing agreement in place for the next 38 years to provide that guaranteed revenue source to all towns and villages, but Darien is going to do what it feels is best,” he said. “I understand he’s (Ferry) doing what he believes is in the best interests of his constituents, which a town supervisor would do. I happen to disagree.”

DARIEN BOARD NOT CONVINCED

Ferry said his board rejected the county’s idea for several reasons.

“We have a water agreement in place,” he said. “This is the same resolution that they offered in 2018 and the board, then, rejected it. It was a totally different board but the outcome was the same, a vote of five to nothing.”

He said Darien officials are looking for a master plan to see “what was going to happen in the future” and also for movement toward an equitable, unified water rate in the county.

“We felt that our positioning was that if we signed it, they would still ignore us. So, we did not sign it because it is the only bargaining position that we have,” he advised.

Ferry said the county “ditched the sales tax agreement in 2018 with the towns and village in favor of a contract with the City of Batavia, and now they want us to try and fix it.”

“The two (water and sales tax) shouldn’t even be connected,” he said. “Why is it that we’re tying them together now?”

FERRY: ‘GIVE US A BONE’

When it was mentioned that the Town of Darien would receive less in revenue than entitled to based on assessed valuation, Ferry said, “Possibly, but then again, possibly, I call the AG’s (New York State Attorney General) office.”

“I’m saying, ‘Work with us here. Give us a bone.’ And they did nothing. They would not even produce a letter stating that they would try to equalize the rate within X amount of years – because I think they don’t think they can.”

Ferry said the Town of Darien pays $1.12 more per 1,000 gallons of water than other communities.

“If they make the claim that water pays for water, we on the western side of the county have been paying more for our water to get water out here,” he said. “If the east and the central part need water, why not make them pay more?

“We represent our constituents and if we were to sign this contract … in addition to the old one, and they get charged 60 cents more per thousand (gallons) right off the bat, what else do they get out of that contract? We can’t enter into an agreement that is worse than the one we have without something as an offset.”

Landers said by opting in to updated water agreements, municipalities are ensuring that their water users are paying their fair share of the cost for water.

“One way or the other, Darien will still pay the additional costs – it’s a matter if they want to pay through the entire town or through the water users,” he said. “I still hope and there’s still time since I’ll be back in the office tomorrow and will reach out to Steven and see if there’s anything else that I can communicate.”

LANDERS OPEN TO MORE TALK

He said that he and Legislature Chair Rochelle Stein presented the plan at meetings of the Village of Corfu and Town of Pembroke boards, and indicated that Ferry attended the Corfu meeting as well while another Darien council member was at the Pembroke meeting.

Landers also said he would like to address the entire Town of Darien board – something that hasn’t happened yet – as the deadline for towns and villages to make their intentions known is this Friday.

“I’d be more than willing to have further talks with Steve,” he said. “I’m 100 percent available to Steve and the Darien Town Board to talk some more, and until the 13^th comes and goes, there is still an opportunity.”

Calling it a “complex issue,” Landers said the original water agreement has limitations to it as it has a fixed 60-cent surcharge (per 1,000 gallons).

“Genesee County is responsible for bringing an adequate supply of water into the county, and we have incurred significant monies beyond Phase 1 into Phase 2, and now going into Phase 3. If we truly want water paying for water, we can’t live by water supply agreements that are fixed at 60 cents for time in eternity,” he said.

“When we raise the surcharge, we have to raise it across the board for all users because it’s our responsibility to bring supply into the entire county. I realize that Darien and Pembroke don’t see the benefit of paying that extra 60 cents because they received their benefit from Phase 1. But with Phase 3, there will be future enhancements that will benefit them.”

Landers said he was not involved in the first round of water supply agreements with municipalities … and looking back, “the 60 cents didn’t work and that is one of the major factors that we’re trying to change with all of these updated water supply agreements; the ability to have water paying for water.”

PEMBROKE: IT’S A MATTER OF TRUST

When asked about the Town of Pembroke, he said he did not want to speculate, stating only that he has had “a good conversation” with the Pembroke Town Board.

Pembroke Supervisor Thomas Schneider Jr. said he believes there is support for the amended agreement, but also noted “some concerns from the past over the way things have been handled, as far as agreements with the county.”

Citing lingering hard feelings, he said the county has “made agreements that they don’t seem to be concerned about breaking.”

“So, now if we sign on to this new one, what’s to say that it can’t be changed five years down the road. I think that’s the biggest concern that most people on our board have.”

Landers said it’s his job to try and build trust in all the towns and villages and hopes that “over time they will believe what we say.”

An email to Corfu Deputy Mayor Michael Doktor and a phone call to Mayor Thomas Sargent seeking comment were not returned. In fact, there has been no reply to requests from The Batavian from either village official throughout this process.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

Previously: Genesee's west side municipalities considering county legislature's sales tax/revenue distribution proposal.

Kristin Renee Forte, 33, Alandale Avenue, Rochester, is charged with grand larceny 3rd, eight counts of offering a false instrument for filing 1st, and five counts of forgery 2nd. Forte is accused of omitting wages she earned while working when filing for SNAP benefits.  She allegedly received $3,767 in SNAP benefits she was no eligible to receive.   The case was investigated by Social Services Officer Robert Riggi.  Forte was arraigned and released on her own recognizance. 

Jay Daniel Lucas Schutt, 33, of South Pearl Street, Oakfield, is charged with harassment 2nd. At 11:30 p.m., Saturday, Schutt allegedly tackled and wrestled with another person on the ground at a location on South Pearl Street, Oakfield. Schutt was issued an appearance ticket.

(name redacted upon request), 24, of Cayuga Creek Road, Alden, is charged with evidence tampering, criminal possession of a weapon, criminal possession of a controlled substance, driving while impaired by drugs, and speed not reasonable and prudent.  xxxx was arrested following an investigation into a single-vehicle accident at 5:36 a.m., March 1, on County Line Road, Darien.  xxxx was allegedly found in possession of a controlled substance and a semi-automatic handgun.  xxxx was released on an appearance ticket.

Andrea Elizabeth Tucker, 23, of Payne Avenue, Tonawanda, is charged with harassment 2nd. Tucker is accused of making threats and hitting another person while at Darien Lake at 4:11 p.m., July 27.  She was issued an appearance ticket.

Dandre Bud Browning, 27, of Stevens Avenue, Buffalo, is charged with DWI, driving with a BAC of .80 or greater, and speeding. Browning was stopped at 12:03 a.m., July 25, by Deputy Zachary Hoy on Pearl Street Road, Batavia.

Angela Flowers, 50, no residence provided, is charged with criminal contempt 2nd for allegedly disobeying a subpoena by failing to appear in court. Flowers was issued an appearance ticket.

Kim Mobley, 58, no residence provided, is charged with petit larceny. Mobley allegedly stole multiple items from Save-A-Lot. She was issued an appearance ticket.

Antonio Goodson, no age provided, no residence provided, is charged with petit larceny. Goodson allegedly stole items from a local business on East Main Street, Batavia.  Goodson was issued an appearance ticket.

Jacqueline Hale, 33, no residence provided, is charged with assault 3rd.  Hale allegedly punched another person multiple times in the facing causing injury.  Hale was issued an appearance ticket.

Russell Blummer, 48, no residence provided, is charged with harassment 2nd. Blummer was arrested following a disturbance complaint on Thorpe Street at 9:58 p.m., Sunday.  Blummer allegedly punched a victim.  He was released on an appearance ticket.

Patrick Waite, 53, no residence provided, is charged with DWI and refusal to take a breath test. Waite was stopped at 6:05 p.m. at an undisclosed location in the City of Batavia by a police officer. Prior to the stop, police received a traffic offense complaint.  Waite was released following his arrest.

Nathan Royse, 29, no residence provided, is charged with menacing 2nd and criminal possession of a weapon. On Saturday, while on Willow Street, Batavia, Royce allegedly menaced another person with a real or imitation pistol.  Batavia PD was assisted by NYS Parole in the investigation. Royce was also charged with speed not reasonable, reckless driving, failure to stop at a stop sign, not wearing a helmet, and an uninspected motor vehicle.  Only 23, Royce was arraigned in Batavia City Court following an investigation into events that occurred July 19.  Royce allegedly fled from police in that incident. 

Ronnie Allen, 34, no residence provided, is charged with criminal mischief 4th and endangering the welfare of a child.  Allen was allegedly involved in a neighbor dispute at a location on South Main Street, Batavia. Allen is accused of breaking the door of a neighbor's residence.  He was issued an appearance ticket.

Matthew Olcott, 42, no residence provided, was arrested on a City Court warrant and held in County Jail on an unrelated warrant from the Sheriff's Office.

Francisco Martinez, 48, no residence provided, was arrested on a warrant for alleged failure to appear.  Martinez was arraigned and released on his own recognizance.  He is scheduled to appear on July 28 for sentencing.

Tommy Crawford, 32, no residence provided, is charged with criminal trespass 3rd and criminal impersonation.  Crawford is accused of entering and remaining unlawfully in a residence on Jackson St., Batavia, at 1:26 p.m., July 3, and he then provided police with a false name during the investigation.  Crawford was issued an appearance ticket.

Rosemary Waters, 35, no residence provided, is charged with criminal trespass and criminally possessing a hypodermic instrument.  Waters is accused of remaining unlawfully in a condemned residence on Jackson Street on July 3.  She was issued an appearance ticket.

Governmental leaders in the towns of Darien and Pembroke and Village of Corfu say they will be putting their heads together to determine how to proceed in connection with Genesee County’s new sales tax and revenue distribution proposal.

“We will be having a discussion in the coming days,” said Pembroke Town Supervisor Thomas Schneider Jr. this morning as he contemplates the pros and cons of the county’s offer to either share a fixed $10 million in sales tax revenue with towns and villages, or a combination of sales tax and other revenue over the next 38 years.

As indicated in a story on The Batavian on Friday, Genesee County Manager Matt Landers and Legislature Chair Rochelle Stein presented their plan to town supervisors and village mayors last Wednesday at a meeting at the Old County Courthouse.

The amended strategy currently boils down to two options:

• The first one being a $10 million annual distribution of sales tax revenue, contingent upon all the county’s towns and villages opting into an updated water supply agreement by mid-August;

• The second one being that without universal update water supply agreements, the county would allot $7 million in annual sales tax distributions and pass annual revenue distribution resolutions for another $3 million – minus water surcharges to the municipalities that do not opt in.

Darien, Pembroke and Corfu have yet to agree to the revised plan.

Schneider, noting that the Town of Pembroke is proactive in “generating as much new business growth as possible,” said it is vital for his town to receive as much as possible in sales tax and/or revenue sharing.

“However, I don’t really like the fact that it’s a locked amount for 38 years,” he said. “With that, we don’t get to share in the growth, and we do include sales tax revenue in our budgets. We really don’t have a lot of power since we can’t collect sales tax.”

He said he also would like to see changes in the county’s Smart Growth plan, mentioning situations where some property owners are unable to hook into nearby water lines.

Schneider did acknowledge that the county is open to sharing more revenue over that period of time if conditions allow.

“I would think that if the county keeps more sales tax, then it would lower the tax rate or share more with the towns to take pressure off of the taxpayers,” he said, adding that Landers and Stein are scheduled to talk with Pembroke Town Board members at their workshop on July 22.

Darien Town Supervisor Steve Ferry Jr. mentioned that over the past 20 years, those three municipalities have been paying more for water than the other towns and villages due to the fact that the county has to buy water from Erie County “to supplement that because they can not move enough water efficiently through the county to get to us.”

“At this point in time, we’re paying $1.14 more (per 1,000 gallons) than what the rest of the county is paying,” he said, adding that no action has been proposed to provide an equalization rate to Darien, Pembroke and Corfu.

Ferry said that stabilization of the water rate would go a long way toward the Darien Town Board signing the new agreement.

“But as it stands, the agreement is a little tilted unfairly for the western side of the county,” he said.

Stein said that she spoke with Ferry over the weekend to clear up any misconceptions that he may have had.

“In a sales tax agreement, a distribution has to be straightforward and there can be no reductions to make the county whole for that water surcharge. There’s no allowance for that in a sales tax agreement per the (state) Comptroller,” she said.

As far as the $3 million figure set aside for voluntary revenue sharing based on the taxable assessed value of all the municipalities, Stein said that amount ensures there will be enough to secure the water surcharge from Darien, Corfu and Pembroke and the growth going forward for 38 years.

Stein said the county has to make sure it can make the debt payments on the bond due to the Monroe County Water Authority for bringing more water into the county as “unfortunately, there are still areas in our county that do not have access to public water.”

She said the most important aspect of the plan is that the county and City of Batavia are open to bringing towns and villages back into the sales tax agreement.

“This means that they have, for 38 years, a foundation of funding for their communities that currently they do not have,” she said. “This is a big win for every single town and village, and it allows for flexibility far forward into our future.”

Previously: Genesee County leaders present plans to distribute $10 million in sales tax/other revenue to towns and villages

Liza Monica Besczyznski, 26, of Pearl Street Road, Batavia, is charged with fourth-degree criminal michief and second-degree menacing. On July 5 the Genesee County Emergency Dispatch Center received a 9-1-1 call from a resident on Pearl Street Road in the Town of Batavia. An investigation allegedly revealed the defendant damaged another person's property and threatened them with a hammer. She was arrested and arraigned in Town of Batavia Court, then released on her own recognizance. The case was handled by Deputy Kevin McCarthy, assisted by NYS Police.

Terrell Lee Thomas, 30, of West Main Street Road, Batavia, is charged with second-degree harassment -- physical contact. On July 2 at 2:40 p.m., Genesee County Sheriff's deputies responded to an address on West Main Street Road in Batavia for a harassment complaint. It is alleged that he engaged in a course of conduct which alarmed and seriously annoyed an individual on the property. Terrell was arraigned in Town of Oakfield Court and is due in Batavia Town Court on July 20. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy.

Wyatt Jeremiah Becker, of Tinkham Road, Darien, is charged with second-degree harassment. Becker was arrested at 3:12 p.m. July 6 after police investigated an incident that occurred at 5:20 a.m. that day. He was released with an appearance ticket and is due to appear in Darien Town Court on Aug. 3. The case wase handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Krzemien. 

Larry Robert Walters, 23, of Alden, is charged with: driving while intoxicated with a BAC of .08 or more; DWI -- first offense; moving from lane unsafely; and failure to keep right. Walters was arrested after a traffic stop at 10:15 p.m. on Pearl Street Road, Batavia, on July 6. Walters is due in the Town of Batavia Court on July 22. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy Nicholas Chamoun.

Photo removed at the request of the homeowner who owns the camera.

The family of a dog that was struck by a car and killed on Harper Road in Darien yesterday is looking for the public's assistance in identifying the hit-and-run driver.

The dog belonged to the daughter of Heidi DeAngelo. The daughter saw a blue sedan, possibly the one in the photo above (perhaps a Chevy Impala) strike the dog. The photo comes from a neighbor's security camera. The driver did not stop, according to DeAngelo.

A complaint has been filed with the Sheriff's Office.

"We are really hoping someone out there will see it and either feel guilty and confess, or knows the person who hit him," Heidi DeAngelo said.

Anyone with information is asked to call the Sheriff's Office at (585) 345-3000.

A motorcycle vs. woodchuck accident with injuries is reported in the Town of Darien at Colby and Sharrick roads. The bike rider has a leg injury. Corfu Fire Department is responding along with Mercy medics. Law enforcement is on scene.

UPDATE 10:09 a.m.: The motorcyclist, in addition to having upper left leg pain, has an injured right eye and some abrasions on his right side. The woodchuck is reportedly deceased.

UPDATE 10:28 a.m.: There's a tree down, which is causing an unknown-type wire to bow about five feet off the ground. A first responder says it's not in the roadway and there's no footpath, so it's not impeding traffic.

Kevin McCoy, 54, was arrested at 7:30 p.m. June 8 and charged with second-degree menacing and criminal possession of a weapon in the third degree. It is alleged that he threatened three people with a knife during an argument in a parking lot on East Main Street. He was arraigned in Batavia City Court and put in jail without bail. McCoy was due back in court June 10.

Jason Jones, 50, was arrested at 6:30 p.m. June 3 on charges of criminal possession of a weapon in the third degree and unlawful possession of fireworks. The charges stem from an incident where Jones was being taken into custody on an unrelated matter. Officers allegedly found a collapsible baton and fireworks in Jones' vehicle. He was processed at Batavia Police Headquarters and arraigned in Batavia City Court. He was put in jail on $5,000 bail, $10,000 bond, or $20,000 partially secured bond. He is due back in court July 1.

Jeffery Michael Johnson, 33, of Forest Avenue, Oakfield, is charged with criminal possession of a controlled substance in the seventh degree and possession of a hypodermic instrument. At 5:53 p.m. June 10, Johnson was arrested on Forest Avenue following a home check by GC Probation and the Sheriff's Office. Allegedly, they found fentanyl and 13 hypodermic needles in the bedroom and in his vehicle. He was issued an appearance ticket and is due in Oakfield Town Court on July 12. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Jason Jones, 50, was arrested by Batavia Police Officer Peter Post at 6:08 p.m. on June 3 on Dewey Avenue and charged with second-degree criminal contempt. He allegedly had contact with an individual with an active order of protection against him. Jones was arraigned in Batavia City Court and put in jail in lieu of $500 bail. He is due back in court July 1.

Michael Lytle, 32, was arrested on June 8 and charged with second-degree menacing in connection with a disturbance that occurred at 10:43 a.m. June 4 on State Street, Batavia. It is alleged that Lytle displayed a pellet gun that was perceived to be a real firearm following a verbal dispute with the victim. He is due in Batavia City Court on June 27.

Christopher Taylor, 21, is charged with second-degree harassment and endangering the welfare of a child. He was arrested after a disturbance at 7:07 p.m. June 6 and arraigned in Batavia City Court. He was then released on his own recognizance and is to return to court June 24.

Meet Mark Kane, the new president of Six Flags Darien Lake

After missing the 2020 season due to COVID-19 restrictions, Darien Lake Theme Park, has reopened for 2021. Currently, the park can operate at 33-percent capacity but expects to be open at 100-percent capacity in about a month.

COVID-19 protocols include a touchless temperature check as patrons enter the park and social distancing. People who are full vaccinated do not need to wear masks. The mask protocol will operate on the honor system. Patrons will not be required to show proof of vaccination.  

All of the rides and attractions are open.

Aaron Michael Pawikowski, 60, of Sumner Road, Darien, is charged with failure to verify address withon 90 days -- with prior offense(s). At 1:20 p.m. on April 29, Pawlikowski -- a registered Level 3 sex offender with three prior felony convictions -- was arrested for failure to verify his address, which he is required to do every 90 days. He was taken to Genesee County Jail for fingerprints, arraigned in county court and put in jail due to his prior felony convictions. He is due back in county court on May 26. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy, assisted by Deputy Travis DeMuth.

William Richard Kapelke, 39, of Main Street, Batavia, is charged with second-degree contempt. The defendant was arrested at 11:28 a.m. on West Main Street Road, Batavia, for allegedly violating an order of protection by being at the residence of the protected party. He was issued an appearance ticket for Town of Batavia Court and is due there on May 27. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

John Edward Sackett, 54, of County Line Road, Hamlin, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; and moving from lane unsafely. At 10:45 p.m. on May 8, deputies responded to Route 19 in Bergen for a motorcycle crash with injuries. It is alleged that Sackett was northbound and went off the east shoulder of the roadway, striking a road sign. Sackett was treated for his injuries at a hospital and released with appearance tickets. He is due in Bergen Town Court June 2. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Nicholas Chamoun.

Cheryl Figoura, 41, no address provided, was arrested at 12:30 p.m. May 1 and charged with petit larceny for allegedly stealing $800 from a coworker at a restaurant on East Main Street in Batavia where they worked. Figoura was issued an appearance ticket and released.

Zachary Russell Reed, 30, of West Main Street Road, Batavia, is charged with second-degree harassment. Reed was arrested at 12:20 p.m. on April 26 on West Main Street Road for allegedly being involved in a physical altercation with another person. He was due in Town of Batavia Court on May 6. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Sgt. John Baiocco.

Roger Kevin Brinkman, 57, of Main Road, Stafford, is charged with second-degree menacing. It is alleged that at 1 p.m. on May 6 Brinkman was involved in a property dispute about an air conditioner and during an altercation he displayed a knife and menaced the other parties involved. He is due in Oakfield Town Court on June 7. The case was handled by Genesee County Sheriff's Sgt. John Baiocco, assisted by Trooper Brackett Valleha Franz.

Andre Roberts, 28, no address provided, was arrested at 9:35 p.m. May 4 on three bench warrants and an arrest warrant -- all out of City of Batavia Court. He was taken into custody by the Rochester Police Department after being located by them during an unrelated matter. After arraignment in City of Batavia Court, Roberts was jailed on $20,000 bail, $40,000 bond, or $80,000 partially secured bond. He is due back in city court on May 20.

Paul K. Kellner Jr., 53, of Wescott Avenue, Alden, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; moving from lane unsafely; speed not reasonable and prudent; and consumption of alcohol in a motor vehicle. Kellner was arrested after a motor-vehicle collision at 9:59 p.m. April 21 on Genesee Street in Darien. He was released on an appearance ticket and is due in Town of Darien Court on June 1. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Kyle Krzemien.

Rosemary Renee Waters, 35, of East Main Street, Batavia, is charged with: four counts of criminal possession of a controlled substance in the seventh degree; and third-degree aggravated unlicensed operation. Waters was arrested at 1:39 a.m. today, April 23, following a traffic stop for an alleged traffic violation on Vine Street in Batavia. During the investigation it was allegedly found that Waters was operating the vehicle while her driver's license was suspended. She is accused of having four different types of controlled substances in her possession at the time. She was issued appearance tickets, then released from custody. She is due in Batavia City Court on May 11. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Nicholas Chamoun.

An injury accident is blocking Route 20 in the area of 1013 Broadway, Darien, between Harlow and Warner roads.

Darien fire and ambulance are on scene.

North Darien Bible Church hosted its first-ever Easter Egg hunt today for ages 10 and under with plenty of candy and prizes for more than 100 kids who turned out. 

Cody A. Bush, 35, of Walnut Street, Batavia, is charged with: two counts of third-degree assault; fourth-degree grand larceny; and two counts fourth-degree criminal mischief. Bush was arrested Feb. 14 after an investigation into physical domestic incidents at an upper apartment on Walnut Street at 5:09 p.m. and again at 6:03 p.m. that day. He was arraigned in Batavia City Court and put in jail (bail, if any, unspecified). He was due back in city court Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

Terry Marvin Conrad, 57, of South Main Street, Batavia, is charged with second-degree menacing -- with a weapon, and criminal possession of a weapon in the third degree -- with a previous conviction. Conrad was arrested after police responded to a domestic incident involving weapons that occurred on South Main Street at 11:59 a.m. Feb. 21. After an investigation it is alleged that Conrad menaced a person with a knife after engaging in a physical altercation with that person. He was arraigned in Batavia City Court and released on his own recognizance. Conrad is due to return to city court on April 7. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

Jamie A. Dutton, 28, of South Platt Street, Albion, is charged with criminal possession of a controlled substance in the seventh degree. Dutton was arrested Feb. 27 after a lab report was received by the Monroe County Crime Lab. The defendant was allegedly found to possess 1.081 grams of cocaine after an incident at 8:04 p.m. Feb. 23 on McKinley Avenue in Batavia. Dutton was issued an appearance ticket to be in City of Batavia Court on April 20. The case was handled by Batavia Police Officer Connor Borchert.

Cody Lee Pahuta, 29, of Alleghany Road, Darien, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; and failure to keep right on a two-lane road. At 12:53 a.m. Feb. 27, Pahuta was arrested after a traffic stop on Alleghany Road. After an investigation, he was allegedly found to be driving while intoxicated by alcohol. He was released with appearance tickets and is due on Darien Town Court March 16. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

Dustin Corey Herzog, 32, of Albion Eagle Harbor Road, is charged with petit larceny. He was arrested Feb. 23 and is accused of stealing property from a business on East Main Street in Batavia on July 1. He was arraigned in Batavia City Court and then released on his own recognizance. Herzog is due back in city court April 1. The case was handled by Batavia Police Officer Christopher Lindsay.

Antonio Joseph Pisa, 19, of Hollow Hill Lane, Rochester, is charged with unlawful possession of marijuana in the first degree. At 1:10 a.m. Feb. 19 on Clinton Street Road in Stafford, Pisa was allegedly found in possession of marijuana, homemade marijuana pills and crystallized THC following a traffic stop. Pisa was released on appearance tickets and is due in Stafford Town Court March 18. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Jose Alfredo Cruz, 44, of South Pearl Street, Oakfield, is charged with second-degree menacing and second-degree harassment. At midnight on Feb. 20, Cruz was arrested after a domestic incident. It is alleged he menaced a person and made threats to harm himself. Cruz was arraigned virtually at Genesee County Jail on behalf of Town of Oakfield Court. He is due in GC court on April 5. The case was handled by Deputy Nicholas Chamoun, assisted by Deputy David Moore.

Rodney Lee Harmon Jr., 44, of Church Street, Elba, is charged with criminal possession of a controlled substance in the seventh degree. Harmon was arrested at 12:30 p.m. on Feb. 19 after allegedly being found in possession of oxycodone hydrochloride when a probation officer visited his home. He was released with an appearance ticket and is due in Elba Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Tristan Michael Vaughn, 22, of Richley Road, Darien, is charged with: driving while intoxicated -- first offense; operating a motor vehicle while having a BAC of .08 percent or more -- first offense; unregistered motor vehicle; moving from lane unsafely. Vaughn was arrested at 6:27 p.m. Feb. 20 on Attica Road in Darien after his vehicle was located off the roadway. He was released with appearance tickets and is due in Darien Town Court on March 16. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Andrew Hale.