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An Auburn man was arrested Wednesday for allegedly trying to stop city employees from cutting down a patch of wildflowers he planted in front of his house.
It was the latest development in what’s become an ongoing conflict between James Udall, of 106 Osborne St., and the city.
Udall, 51, was arrested Wednesday for second-degree obstructing governmental administration, a Class A misdemeanor. He was released without bail later that day.
Two weeks before the arrest, Code Enforcement Officer Brian Hicks sent Udall a letter explaining that the city had received a complaint about the wildflowers, which he planted this spring on the city’s right-of-way between the sidewalk and the street. Citing their “unkempt condition” and the potential for them to encroach upon the sidewalk and obscure the line of sight of drivers, Hicks told Udall the patch needed to be cut down. If he didn’t cut it, Hicks continued, the city would — and Udall would be billed $200 an hour, plus 50% for administrative costs.
Udall told The Citizen he believed the wildflowers, which grew as high as 6 feet, weren’t subject to the city’s municipal code because it only says “weeds or grass” can’t grow higher than 6 inches. He also objected to the “unkempt” claim, saying he has received compliments on the patch from passersby. But due to the concern about drivers on the notoriously curved street, Udall cut the wildflowers in half, using a nearby fire hydrant as a yardstick. When he sent the city a photo, however, he was again told that he needed to cut them down to 6 inches, he said.
Around that time, Udall met with City Manager Jeff Dygert, Corporation Counsel Stacy Tamburrino told The Citizen. When Dygert reiterated the need for the wildflowers to be cut down, Udall responded that he would try to stop the city and go to jail if necessary, Tamburrino said and Udall confirmed. He told The Citizen he considered it an act of civil disobedience.
Udall repeated that to employees from the city’s code enforcement office when they arrived at his house Wednesday morning. He said they promptly called Auburn police, who led Udall away in handcuffs. The employees then cut the wildflower patch down to 6 inches. Udall’s wife, Tonya, recorded his arrest, and the video has been widely shared on social media.
“(The video) simply gave attention to an individual acting against the safety and welfare of city residents,” Tamburrino said.
“Mr. Udall’s actions yesterday were not simply confrontational to city staff, but intentional and preplanned.”
Udall believes the city was motivated to arrest him because of a conflict that began shortly after he moved to Auburn in December 2020. The conflict also involves O’Toole’s Tavern, the bar across the street from him. Its parking lot is located at 108 Osborne St. next door to Udall, subjecting his property to damage, littering and other disturbances, he said.
Upon learning that the city leases the small lot to O’Toole’s at a rate of about $17 a month, Udall offered to buy it. The city has not obliged, saying it needs to maintain ownership of the property because a sewer main is located there. Udall then offered to lease the 5,400-square-foot lot, or just the section of it behind the parking spaces, at a rate as high as 10 times the one O’Toole’s pays. But he accused the city of “dragging its feet” due to favoritism toward the 117-year-old bar, and turning a blind eye toward the behavior of its patrons on Osborne Street.
Were Udall to lease the lot, he said, he would have turned it into a community garden. To that end, he claimed to have obtained “verbal permission” to begin planting there this spring — only for the city to notify him he was trespassing, and order him to clear the lot. His activity there included raising a fence of hay bales between the lot and the next property over.
Dygert addressed the issue at the April 7 meeting of Auburn City Council, where Udall was in attendance. The city manager reprimanded Udall, though not by name, for repeatedly contacting city employees after hours and through personal channels. Dygert then noted that instead of removing the bales, Udall broke them open and spread the hay across the lot, which “in my opinion shows his intent to not be cooperative.” To resolve the issue, Dygert said, a fence will be built around the lot and the property will be more closely maintained by the city in the future.
“I’m frustrated with dealing with this,” Dygert said, “and with the tone of communication from the individual.”
Udall said he’s skeptical about the fence because it hasn’t been built in the four months since Dygert said it would. Udall added that he has also received letters from the city asking him to remove a light he installed on a fence bordering the O’Toole’s parking lot. According to a copy of a code violation notice provided by Udall, the city said the light creates a glare for traffic.
For the wildflowers, Udall is due to appear in Auburn City Court on Wednesday, Sept. 14. He said he intends to plead not guilty and take the charge to trial. He’s thinking about suing the city as well.
“I’m trying to do something positive in this little corner of Auburn,” he said. “I’m holding a mirror up to the city. … It’s corrupt.”
AUBURN — An old conflict between an Osborne Street bar and its neighbors was brought before the city’s new board for addressing nuisance prope…
If an Auburn-area smoke shop does not pay more than $20,000 in fines for violating state law, Cayuga County officials are planning to pursue legal action to shut down the store.
The Cayuga County Board of Health approved the penalties against Panda Smoke Shop in Aurelius at its monthly meeting on Tuesday. Eileen O’Connor, the director of the Cayuga County Health Department’s environmental health division, said the fines were for violating three laws — $20,000 for selling flavored vape products banned in New York, $1,250 for improper display of tobacco products and $1,250 for not having the required signage for tobacco sales.
It is the second time Panda Smoke Shop has been found in violation of state law — a consent order was issued for the first offense, O’Connor said.
A hearing was held on May 19 to address the violations, but no one from Panda Smoke Shop was in attendance.
“We are summoning them to a hearing again for continual violations,” O’Connor said. “We are sending out a summons.”
Panda Smoke Shop has five days after the board of health’s action to pay the fines. If they don’t pay the fines and change their behavior, the county could take further action.
Rich Graham, the chief assistant county attorney, told the board that one option is to file a lawsuit to collect the fines if the shop fails to pay them. Additionally, the county could seek a preliminary injunction to shut down the smoke shop.
“I don’t see much difficulty in getting the injunction if they continue with this behavior,” Graham said.
Health board members were in favor of that approach, even though it could take some time. Graham explained that after filing the lawsuit to collect the fines, the smoke shop would have 30 days to respond. At that point, the county could file a judgment.
Keith Batman, the board’s president, said requesting an injunction can be complicated. But he doesn’t believe Panda Smoke Shop will pay the fines.
Graham believes that the county would have plenty of evidence to present to a judge — the violations, the repeated attempts to address them and the failure of the shop to respond and correct their behavior — to get the injunction.
“It gives us some leverage and flexibility,” Batman said of the legal options.
A Grant Avenue development that would have included a Popeyes Louisiana Kitchen has been canceled, but the developer is seeking a new location for the restaurant on the Auburn commercial strip.
Developer Liberty Restaurants, of Bellerose, New York, has withdrawn its site plan application to build a Popeyes, another restaurant and an apartment complex on six parcels at the intersection of Grant and Standart avenues. Liberty Vice President of Real Estate Heidi Cousineau told The Citizen on Thursday that “the economics of it got too out of control.”
“Once we dug in and started spending money on engineering, we realized the site needed a lot more work at this time than we’re ready to take on,” she said.
The Auburn Planning Board reviewed Liberty’s application in April. The developer would have merged six parcels — 121, 135, 139, 143 and 145 Grant Avenue, and 9-13 McGarr St. — into three. The first would have been a 24-seat Popeyes, the second another restaurant to be determined, and the third an apartment complex with about 30 units on 3.12 acres of land.
Cousineau said Liberty had a contract to buy the parcels, but did not close on them. Lewis and Mary Springer own 121, 135 and 139 Grant Ave. and 9-13 McGarr St., while the city of Auburn owns 143 Grant Ave. and John and Priscilla Flummerfelt own 145 Grant Ave. The three vacant houses, two garages and former redemption center on the parcels would have been demolished.
Because the parcels are located on a slope, the development would have required a large retaining wall that Cousineau cited among the “economics” that led to its cancellation. The Auburn Planning Board also shared concerns about increased traffic at the development, as the intersection of Grant and Standart avenues is the busiest in Auburn, according to Department of Transportation data.
That’s one reason Liberty is now looking for a new place to build a Popeyes on Grant Avenue, Cousineau said. The developer is a franchisee of the chicken chain, which has grown rapidly even during COVID-19 due in part to its popular chicken sandwich. Popeyes has more than 2,800 locations in the U.S., making it one of the 20 biggest fast food chains in the country.
So while Liberty is open to larger developments, like the second restaurant and apartment complex it planned at Grant and Standart avenues, building a Popeyes is its primary goal, Cousineau said. The city is even one of the developer’s top 10 upstate New York markets it wants to enter. The closest Popeyes to Auburn is currently the one in Township 5 in Camillus, which opened in November.
“We desperately want to be in Auburn,” Cousineau said. “The city was super helpful, and we’re excited to work with them. It just needs to make sense economically.”
The last AuroraFest was held long before COVID-19.
But the pandemic is one reason people in the Cayuga County village decided to bring the summer event back.
With a theme of “Through the Ages,” the first AuroraFest since 2015 will kick off there at 3 p.m. Saturday with the traditional parade down Main Street. About 13 floats will participate, AuroraFest committee member Grace Mattingly told The Citizen. They’ll include local cars and fire trucks, the Vanguard Marching Band of Auburn High School and local amphibious houseboat Beast of Burden.
Many a float proceeded down that street, within view of Cayuga Lake, during the heyday of AuroraFest. It started in 1974, making Saturday its 42nd edition. Mattingly said the event faded out quietly in the mid-2010s, though some people in the village carried the torch by throwing “playful parties” and ceremonially walking down Main Street themselves.
The return of AuroraFest can be traced to the arrival of new blood in the village in recent years, she continued, including people who grew up there and came back to raise families.
“The village is waking up a little bit,” she said. “We really want to keep it thriving as a village, and not just as a tourist attraction, so the heart of the community doesn’t get lost in the hustle and bustle.”
That, along with the collective urge to be among people again in the aftermath of COVID-19, led organizers to resurrect AuroraFest, Mattingly said.
The traditional parade will end at the Main Building of Wells College, a longtime partner in the event. At the AA Field on campus, there will be games from 4 to 6 p.m., including pickleball, foursquare and a pie-eating contest. From 4 to 9 p.m. there will be about a dozen vendors and community groups on hand, such as the Aurora Historical Society and Camp Caspar Gregory.
Food will be available from Dugan’s Country Grill and Ward’s Food Truck, and beverages will be served by the Aurora Volunteer Fire Department.
For entertainment, there will be a DJ and a performance by local dance-friendly cover band Cruise Control.
Though AuroraFest is mostly for the people of the village, the event welcomes visitors from anywhere, Mattingly said.
“It’s a good combination of the community,” she said. “We’re excited to bring it back and bring as many people to Aurora as possible.”
WHAT: AuroraFest: “Through the Ages”
WHEN: 3 p.m. Saturday, Aug. 27
WHERE: Village of Aurora
INFO: Email
au*****************@gm***.com
A previous AuroraFest parade.
A previous AuroraFest parade.
Participants in a previous AuroraFest.
A previous AuroraFest parade.
The 1979 AuroraFest parade.
A previous AuroraFest parade.
The 1979 AuroraFest parade.
Parade participants walk down the road in ’70s-inspired clothing at the 2014 Aurorafest, themed “Stayin’ Alive.”
The barred cell door at Prison City Pub & Brewery will close behind Ben Maeso one last time next week.
The Auburn brewpub’s owners, Dawn and Marc Schulz, announced Friday morning that Maeso, its head brewer since it opened in 2014, is leaving Prison City Brewing. His last day will be Friday, Aug. 26.
Maeso told The Citizen he has no plans for the near future except taking time off to figure out his next steps. He also expressed gratitude for his eight years at the State Street brewpub.
“We certainly didn’t expect the pub to get as crazy as it did when we started,” he said. “I loved seeing friends, employees and the locals from Auburn slowly develop a taste for different styles of beer.”
Born in Puerto Rico, Maeso grew up in Hornell and graduated there before getting into brewing at home. He quickly developed a following, winning New York State Home Brewer of the Year in 2011.
Through that following, Maeso met the Schulzes as they prepared to open Prison City. He began on a 5-barrel system there, creating beers like Bleek Worden Belgian pale ale and Mass Riot New England-style India pale ale. The former would earn the brewpub its first major award, a silver medal at the 2015 Great American Beer Festival, while the latter would make Prison City a national name when it was ranked the best IPA in the country by Paste Magazine the following year. Maeso was also highly regarded for fruited sour beers like Run Like an Apricot, another silver medalist at the festival in 2021.
“We were fortunate enough to be part of a very interesting time in craft beer,” he said. “I’m incredibly thankful to have been given a great environment to produce whatever we felt like whipping up.”
Thursday will mark five years since Prison City Pub & Brewery opened its doors in downtown Auburn.
As the awards piled up, so did demand for Maeso’s beer. To meet it, Prison City expanded into the basement of the State Street brewpub in 2016, then opened a 14,000-square-foot production facility on North Street in 2020. While Mass Riot, Wham Whams imperial stout and more of Maeso’s recipes were made in much larger batches at the facility, he remained at the brewpub, devising new recipes.
In their announcement on Facebook, the Schulzes credited Maeso for the many beers he created over the last eight years by calling him a “mythical brewing creature,” a “magician” and a “wizard.”
“Ben, thank you for jumping aboard this crazy train when you did. Prison City Brewing wouldn’t be what it is without you & your beer,” they said. “Collectively, we learned so much together, accomplished so much together and, as you put it ‘left our mark on the NY brewing scene’. We did all of that and then some!! It’s been one hell of a ride w/ zero regrets. It’s been a RIOT!”
A variety of brews are on tap in the taproom at Prison City Brewing’s new facility at 251 North St. in Auburn.
The taproom at Prison City Brewing’s facility at 251 North St. in Auburn.
Patrons enjoy food and drink in the taproom at Prison City Brewing’s new facility at 251 North St. in Auburn.
A variety of brews are on tap in the taproom at Prison City Brewing’s new facility at 251 North St. in Auburn.
Beer available to go in December at Prison City Brewing’s new facility at 251 North St. in Auburn.
Patrons enter the new taproom at Prison City Brewing’s new facility at 251 North St. in Auburn.
Brewer Rick Hatch at work at Prison City Brewing’s new facility at 251 North St. in Auburn.
An expansive brewing room at Prison City Brewing’s new facility at 251 North St. in Auburn.
Prison City Brewing’s new facility at 251 North St. in Auburn.
The renovated barn at Prison City Brewing’s new facility at 251 North St. in Auburn.
A Port Byron resident has been arrested and charged with a felony sex offense following a two-month investigation by the Cayuga County Sheriff’s Office.
Robert Austan Hawkey, 20, was arrested Saturday on a charge of first-degree disseminating indecent material to minors, a class D felony.
The sheriff’s office said Hawkey sent sexually explicit photographs to a 12-year-old using social media. He was formally charged at the Cayuga County Jail, where he was being held on unrelated charges from a previous conviction.
The sheriff’s office previously reported that Hawkey was arrested on May 26 and charged with third-degree stalking, a class A misdemeanor. That was the day the sheriff’s began its investigation into the sex offense allegation, the office sad in a press release. Schenck told The Citizen that the two charges are connected, and that they stem from conduct by Hawkey before he was incarcerated.
Earlier in May, Hawkey was sentenced in Cayuga County Court to six months in Cayuga County Jail and five years of felony probation for guilty pleas to burglary and criminal contempt charges stemming from a November arrest that was unrelated to the sex offense and stalking cases.
Hawkey remained in Cayuga County Jail custody as of Monday afternoon.
The sheriff’s office asked that people with information pertaining to the sex offense contact Detective Michael Baim at (315) 258-3868. Tips also can be left at www.cayugacounty.us/452/Send-a-Tip. Tips can be made anonymously.
An Auburn man charged with murder earlier this month will receive a psychological evaluation after his preliminary court hearing was adjourned Tuesday.
Daniel D. Nachtsheim was in front of Auburn City Court Judge Kristin Garland, facing one count of second-degree murder. Nachtsheim, 58, of 131 Prospect St., Building 3, Apt. B1, was charged Aug. 17 after allegedly stabbing city resident Michael Dennison to death 10 days earlier, the Auburn Police Department previously said.
Three officers walked closely next to Nachtsheim as he entered the courtroom Tuesday. His attorney, Rome Canzano, asked that Nachtsheim’s preliminary hearing be adjourned. Canzano also requested a psychological evaluation for Nachtsheim to determine if he understands the proceedings, based on Canzano’s interaction with his client earlier that day, the nature of the case and other information involved in the case.
Acting Cayuga County District Attorney Brittany Grome Antonacci agreed with adjourning the hearing.
“We want to make sure the defendant is aware of what is happening before we proceeding with any sort of hearing,” she said.
Garland adjourned the hearing, further remanding Nachtsheim to the Cayuga County Jail. The preliminary hearing is now set for 1 p.m. Wednesday, Sept. 21 in city court.
The APD previously said Dennison, 57, was found dead shortly after 10 a.m. Sunday, Aug. 7, after suffering multiple stab wounds at his 49 Grant Ave. home. Investigators later learned Nachtsheim had been at Dennison’s residence in the early morning hours that day. Nachtsheim, who police said was an acquaintance of Dennison, was questioned by police Wednesday, Aug. 17, “and ultimately admitted to causing the death of Michael.” Evidence tying Nachtseheim to the crime was recovered due to a search of his home, APD added.
He was arraigned Aug 18 at the Centralized Arraignment Part Court and remanded to the jail without bail.
According to Dennison’s obituary, he was born in Oklahoma and lived in various places in Oklahoma and Texas before he moved to Auburn in 2019
The Auburn Police Department is investigating a car-pedestrian crash in which they say a man purposely walked into traffic on a busy city street.
The incident took place around 8:48 p.m. Saturday at the intersection of North and Seymour streets. Police said the pedestrian was struck by a car and had to be transported to Upstate University Hospital in Syracuse, but he is expected to recover.
Police said the pedestrian, Karson Ecker, 26, of Auburn, was walking eastbound on the northern sidewalk of Seymour Street and began to cross North Street, where he was struck by a northbound mid-sized, four-door sedan driven by an 85-year-old woman whom police did not identify.
Police said Ecker sustained cuts to his head.
“Ecker later told police that he had intentionally walked into traffic with the intent of harming himself,” the APD said in a press release.
Auburn Police Department’s Accident Reconstruction Team assisted at the scene. The street was closed about four hours while evidence was collected.
Police ask anyone with information on the case to contact Capt. Kyle Platt at (315) 255-4705 or
kp****@au******.gov
; or the APD main phone at (315) 253-3231 or main email of
co************@au******.gov
. Callers can remain anonymous.
U.S. Rep. Claudia Tenney won the Republican nomination in the newly drawn 24th Congressional District, which includes all of Cayuga County.
With 90% of election districts reporting, Tenney has a 4,289-vote lead, 17,277 to 12,988, over Mario Fratto, a Geneva attorney and businessman. George Phillips, a former Broome County legislator, received 1,891 votes. Those totals had Tenney with roughly 53% of the vote, with Fratto at 40%.
Tenney, who is also running on the Conservative line, will face Democratic candidate Steven Holden in the general election. Holden is an Army veteran who lives in Camillus.
Tenney, who has served two nonconsecutive terms representing the Mohawk Valley and the Southern Tier in Congress, chose to run in the new 24th district after the maps were redrawn by a court-appointed special master. The district stretches from western New York through the Finger Lakes region to the North Country. All or parts of 12 counties are in the newly drawn district.
Fratto repeatedly called Tenney a “carpetbagger” during the campaign. She moved into the district — she now lives in Canandaigua and voted there on Tuesday.
Fratto also sought to run to Tenney’s right in an attempt to win over primary voters and former President Donald Trump’s supporters. But Tenney, whose conservative credentials have been well documented, had a key endorser in her corner: Trump, who headlined a tele-rally for her on Monday.
Tenney’s lead in the vote count was significantly smaller than the campaign finance battle, where she had a substantial financial advantage. In the weeks leading up to the primary, she outspent Fratto by a 40-to-1 margin. She paid for at least three TV ads that aired in the 24th district. Fratto, who largely self-funded his campaign, used social media and yard signs to get his name out.
Following her primary win, Tenney is the favorite to win the NY-24 seat. It’s a district that Trump won with 59% of the vote in the 2020 presidential election. Republicans also have a significant voter enrollment advantage over Democrats.
AUBURN — It’s a day circled on the calendar for those either interested in or participating in interscholastic athletics.
Monday marked the official first day of fall sports, as high school teams all over Cayuga County and New York state began their 2022 seasons with practices throughout the morning and afternoon.
The lone exception is football, which was allowed to start practices over the weekend. Football requires 10 practices — including a few without few pads — before a game can be played. Many football teams open their seasons the weekend of Sept. 2.
That includes Auburn, which will start on the road at Fayetteville-Manlius in Week 1.
The Maroons were at the Holland Stadium turf on Monday for their third day of practice. Though the team had offseason camp and joint workouts with other central New York programs during the summer, coach Dave Moskov called the first few practices an opportunity to regroup and re-wire players for the upcoming season.
“It started for us back in June with our thud camp, and we had practices with C-NS and West Genny. This is a continuation of what we did and part of the process,” Moskov said. “There’s always something special about that first day back though. It’s not like camp anymore, it’s the real deal.”
Though Auburn qualified for sectionals last season (and bowed out to Indian River in the quarterfinals), it was and up-and-down year. The Maroons were hampered by injury and illness for much of the 2021 season and rarely fielded a consistent lineup.
Senior captain DeSean Strachan is back at his natural receiver position after splitting time at quarterback last season, while Mac Maher takes over as signal-caller. Moskov noted captains Isaiah Council and Tyrone Mikell as players he hopes can contribute.
“What we’ve been working toward is a balanced, consistent attack,” Moskov said. “Last year there was a lot of hodge podge. Some games we ran the ball 25 times and threw it three times. We don’t have that luxury to only run the ball.”
One player that’ll help do that is junior lineman Dom London.
“The kid is a monster,” Moskov said. “I’ve rarely seen a player on the offensive or defensive line dominate like this kid can. I don’t care if it’s big kids, small kids, quick kids … he’s an elite lineman. I’d put him up there with some of the best physical linemen that have ever come out of here. He’s very special.”
There are several notable changes to Section III’s Class A league this fall. Defending state champion CBA bumped to AA, perennial contender Indian River dropped down to Class B, and Central Square and Fulton are now independent.
Replacing them are Corcoran (down from AA) and New Hartford (up from Class B).
Moskov said it’s hard to gauge the conference considering the new teams and the declining participation many schools, including Auburn, are suffering from this year.
He does believe that one of the Maroons’ stiffest tests will come in the opener when the team travels to F-M.
“F-M no doubt will be a real tough out. They always have a ton of kids on varsity,” Moskov said. “Then there’s schools like us that have lost some kids. It’s tough to look at the whole league and pick the best teams right out of the gate. (F-M) will be a pretty good barometer of where we are.”
Auburn players ready for end-of-practice sprints Monday at Holland Stadium.
Auburn’s offensive and defensive lines set up during a drill Monday at Holland Stadium.
Auburn defensive coach Matt Moskov offers instruction during practice Monday at Holland Stadium.
Auburn quarterback Mac Maher takes a snap while coach Dave Moskov looks on Monday at Holland Stadium.
Auburn players run sprints Monday at Holland Stadium.
Auburn coach Dave Moskov speaks with the team after practice Monday at Holland Stadium.
Read through the obituaries published in The Citizen
Read through the obituaries published in The Citizen
Read through the obituaries published in The Citizen
Read through the obituaries published in The Citizen
The Citizen’s top 10 most-read stories of the week.
Read through the obituaries published in The Citizen
Read through the obituaries published in The Citizen
Auburn High School’s Vanguard Marching Band concluded its annual camp week with a performance for the community on Friday night. The band’s si…
Read through the obituaries published in The Citizen
Ormie King’s weekly column features the people and places that make the Auburn-area unique.
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