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Photos: Three for Thursday

By Howard B. Owens

Along Maltby Road, Elba.

Bliss Road, Oakfield.

Gorton Road, Alabama.

Chimney fire reported on Maltby Road, Oakfield

By Howard B. Owens

A chimney fire has been reported at 3591 Maltby Road, Oakfield.

Oakfield Fire along with Alabama, Elba and East Pembroke were initially dispatched, but Oakfield's chief asked that all units but Oakfield be held in their halls.


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Seriously?

By bud prevost

I took the time to survey the GCEDC's annual report for 2009. In this report, they stated that all of the projects involved resulted in a net gain of 415 jobs. I tried to apply logic to this, but failed miserably. And the jobs I did see created, paid peanuts, which is fine for an elephant, but not a family.

Several things jumped out at me as I read this report. First, places I'm familiar with in Leroy, none of which are doing very well. Lapp Insulator had 318 jobs pre-IDA, and now has 144 FTEs (full time employees). Polymil has none. SJQ Properties, the old BOK building, has none. And R.J. Properties went from 82 FTEs to 9 FTEs after they became involved with GCEDC. Or the Creekside, which was to be open by summer 2010, sits vacant.

Jobs that were created, I'm sorry to say, are jobs at Darien Lake that pay $16,000 a year, or at Comfort Inn that pay 12,000 a year. Who could possibly survive on that amount of money? That's a month's salary for Mr. Hyde.

I also don't know how I feel about Assemblyman Hawley's insurance agency benefitting from government assistance. That seems to me to be a poor decision on both sides. To have him speak at the annual meeting with no reference to his own personal benefit seems a tad disingenuous.

While I appreciate the opportunity to view the latest report, I see nothing in there that warrants the extravagant bonuses the GCEDC gave themselves.

http://www.gcedc.com/pdf/reports/2009_OSC_Report.pdf

Kathy Hochul drops in for a visit with The Batavian

By Howard B. Owens

Kathy Hochul, on her way back to Buffalo from a day spent in Rochester, called us and asked if she could stop by The Batavian's office and introduce herself.

She spent about 15 minutes here. I didn't want to dive too deep into an interview because I'm hoping to arrange a series of interviews with all of the candidates. But a chat about how beautiful Genesee County is and what a wonderful hub Batavia makes for the rural region turned into a discussion about protecting small businesses.

It turns out that Hochul's decision to run for the board in the Town of Hamburg was driven by her frustration with an effort to bring a Walmart to town.

Her mother owned a small shop in the village and Hochul saw her struggles to keep her business going and didn't want to see Walmart do any more damage to the local businesses.

"I decided to run for office because I want to have a say in the policies that effect local businesses," she said.

As for what she could do in Congress, she said tax codes and laws that give any incentive for manufacturers to move jobs overseas need to be reviewed and repealed if necessary.

She also said it's time to revisit NAFTA.

"We need to look at the policies put in place that were intended to help our area but they backfired," Hochul said.

She said a resurgence in manufacturing jobs in Western New York would be the best way to protect locally owned stores.

"We need to make sure the small shops in our cities and villages are not boarded up," Hochul said. "These shops sustain people who live in the community."

As she's been quoted as saying already, Hochul reiterated that she's not afraid to stand up to powerful interests, including her own party if necessary.

She pointed out her public opposition to Gov. Paterson's proposal to require residents to buy new license plates for their cars, and her efforts to fight Thruway tolls.

"No entity is too big that I won't fight if it's on behalf of my residents," Hochul said.

Finally: here's an invitation for Jane Corwin, Jack Davis or David Bellavia to stop by office of The Batavian any time.

Two Rochester men suspected of dealing cocaine in Batavia

By Howard B. Owens

A pair of Rochester men were allegedly found in possession of $3,000 in cocaine in Batavia yesterday and charged with two counts of criminal possession of a controlled substance.

The Local Drug Task Force identified the men as possible cocaine dealers and investigators received a search warrant for their car.

Taken into custody were Marcial S. Borgos, 61, of Bonesteel Street, and Jose A. Torres, 52, of Ernst Street.

Task force members as well as uniformed deputies participated in the search of the car.

Investigators allegedly found more than an ounce of cocaine.

K-9 "Pharaoh" participated in the search.

Borgos and Torres were jailed without bail.

Police Beat: Driver reportedly involved in accident accused taking truck without permission

By Howard B. Owens

Philip M. Niccloy, 24, of 75 Summit St., Le Roy, is charged with unauthorized use of a vehicle, 3rd. Niccloy allegedly took a GMC truck belonging to another person without permission. That night, Niccloy was allegedly involved in a single-vehicle accident on North Street Road. He was previously charged with leaving the scene of a property damage accident. Niccloy was released under supervision of Genesee Justice.

William Gordon Schultz, 37, of Evans Street, Batavia, is charged with failure to pay a fine.

David Richard Beedham, 43, of Randall Road, Le Roy, is charged with sexual abuse, 1st. Beedham is accused of touching the private area of a girl under age 11.

Mark Bryon Livingston, 53, of Wake Robin Terrace, West Henrietta, was arrested in Genesee County on a bench warrant for allegedly operating a car with a suspended registration.

Eric T. Weis, 28, of 9 N. Lyon St., Batavia, is charged with criminal obstruction of breathing or blood circulation and three counts of endangering the welfare of a child. Weis allegedly grabbed another person around the throat in front of three children while on MacArthur Drive. The alleged incident happened on Tuesday, Weis turned himself in on Wednesday.

Benjamin G. Evans, age unknown, of 8204 Park Road, Batavia, is charged with criminal possession of a controlled substance. Evans was arrested on a  bench warrant issued out of city court for alleged failure to comply with conditions set by the court. Evans was jailed on $50,000 bail.

Dryer fire at house in Village of Le Roy

By Billie Owens

A dryer fire is reported inside a house at 25 W. Main St. in the Village of Le Roy.

Le Roy fire is responding, along with mutual aid from Pavilion and Churchville.

Le Roy medics are also going to the scene.

Firefighters on scene in Le Roy say it is "a working fire."

UPDATE 1:12 p.m.: The fire is knocked down and crews are working to check  extentions.

UPDATE 1:13 p.m.: There's a natural gas leak inside the structure.

UPDATE 1:18 p.m.: Rochester Gas & Electric is requested to the scene.

Fuel truck on Route 33, Bergen, rolls over on car trapping woman inside

By Howard B. Owens

UPDATED at 4:09 p.m. with information from State Police.

UPDATE 5:11 p.m.: Traffic now open in both directions.

Three cars and a truck hauling fuel oil were involved in an accident this morning on Route 33 at West Bergen Road.

The truck over turned and landed on a car, trapping a woman in the vehicle. By all accounts, the woman -- Rosalie Pacino, of Batavia -- was conscious and alert throughout the ordeal, though she was airlifted to Strong Memorial Hospital by Mercy Flight.

Initially, the fuel oil was described as a flowing freely from a broken spigot, but Bergen First Assistant Chief Jim Bridge described the fuel spill as only minor.

A hazmat unit was brought in to clean up the spill.

State Police investigators say that Robin F. Lewis, of Bergen, was stopped at the northbound stop sign on West Bergen Road. Mark Shaw, of Warsaw, was driving a 2006 KenWorth tractor-trailer westbound on Route 33. A 2006 Ford entered the intersection, attempted to make a left-hand turn and was struck by the truck.

The Ford then spun and struck a 2001 Ford driving by Audrey Waterman, of Bergen, which was stopped on Route 33 waiting to make a left-hand turn. The truck continued westbound, slid counter clockwise and struck a 2005 Subaru, driven by Pacino. Pacino was headed eastbound on 33. The truck rolled into a ditch trapping Pacino's car under the trailer.

Charges are pending.

Brandy Shot, of Bergen, witnessed the accident. She was driving on Route 33, heading to work in Batavia, two cars behind the accident and witnessed the entire incident.

She said a van with two girls in it was preparing to make a left hand turn on West Bergen Road and another car was making a left hand turn onto Route 33. The truck, westbound on Route 33, tried to slow and avoid the car, but hit it, spinning the car around 360 degrees. It struck the van with the two girls in it.

"When I saw those girls in the van, my heart just sank, because I'm a mother of two," Shot said. "I'm just so glad they were not even hurt at all."

The driver lost control of the truck. It jackknifed and overturned, landing on a passenger vehicle, pushing it off the road, Shot said.

When the driver got out of the truck, he found the car under his truck and told Shot that the woman in the car was conscious and alert and talking on her mobile phone.

The truck driver, according to Shot, suffered head lacerations.

The driver of the car that the truck initially hit was bleeding from her face, according to Shot.

Bridge said besides the woman airlifted by Mercy Flight, two people were transported to hospitals by ground ambulance.

Bergen Fire responded initially to the scene and units from Byron and South Byron were soon called for mutual aid. Also responding for mutual aid were Le Roy, Town of Batavia and Churchville. Pavilion responded to standby in Le Roy's hall. Genesee County Emergency Services, deputies from the Sheriff's Office as well as Mercy EMS and Bergen Ambulance were all on scene.

The accident is being investigated by Troop A of the State Police.

The scene is being cleared. The Bergen fire chief tell those remaining on scene, to "abandon their posts" because the State Police and the DEC are going to remove signs and barriers when that time comes. Jim's Service is still there.

(Initial Report)

More pictures after the jump:

Mercy Flight requested to scene of medical emergency on Oak Orchard Road

By Howard B. Owens

Mercy Flight is being dispatched to a medical emergency in the area of 6400 Oak Orchard Road.

Law enforcement was on scene and requested a medical response for a laceration to the neck.

Elba Fire responded and requested Mercy Flight after arriving on scene.

The flight is coming from Buffalo and the ETA is 20 minutes.UPD

UPDATE 11 a.m.: Route 98 is closed in both directions in order to secure a landing zone for Mercy Flight, which now has a 10 minute ETA.

UPDATE 11:15 a.m.: Mercy Flight is on the ground.

UPDATE 11:29 a.m.: Mercy Flight is in the air. Elba fire police working on getting Route 98 reopened.

Tractor-trailer and multiple car accident on Route 33 and Bergen Road

By Howard B. Owens

A gas-hauling tractor-trailer and multiple vehicles have been involved in an accident on Route 33 at West Bergen Road, according to scanner reports.

A dispatch says "we believe at least three or four vehicles involved."

There are no specifics on injuries, but two ambulances have been started and Mercy Flight is on standby.

Bergen Fire Department is responding as well as multiple law enforcement units. Byron and South Byron fire asked to respond mutual aid.

The tractor-trailer has rolled with a vehicle pinned underneath.

There is fluid leaking. It's unknown if the fluid is from the tanker or side tanks.

UPDATE 7:57 a.m.: Both directions of traffic on Route 33 are shut to traffic, from West Bergen and Lyman roads. State Police have taken command of the scene. A county Hazmat team is to report to the training center on Bank St. Road in Batavia to gather equipment to go to the scene. The tractor-trailer is leaking fuel "at a pretty good rate." The triage center for victims is going to be south of the West Bergen Road/Route 33 intersection. A tanker from Churchville is called along with LeRoy. All "civilians" are going to be "removed from the scene." One victim, who is conscious and alert, is trapped in the vehicle under the truck. Extrication will be needed.

UPDATE 8:07 a.m.: Town of Batavia rescue unit is called along with Jim's Service to lift the truck so the victim can be extricated. Mercy Flight will be landing at the intersection. The leak "appears to be contained at this point."

UPDATE 8:10 a.m.: Fire police will be stationed at Griswold Road and Route 33. Stafford Fire Department is called to the scene. The tractor-trailer was hauling 9,500 gallons of fuel oil.

UPDATE 8:25 a.m.: The section of Route 33 closed to traffic has been extended from Griswold to Dublin roads.

UPDATE 8:37 a.m.: Pavilion firefighters are asked to stand in at Le Roy's fire hall.

UPDATE 8:49 a.m.: The county Highway Department in Stafford is called to the scene to provide a load of sand to absorb fuel oil in a ditch.

UPDATE 8:52 a.m.: The state has jursidiction of Route 33, so the county Highway Department may not be able to provide the sand. But officials will try to override that since this is an emergency situation. Otherwise, a state highway truck will need to be called in.

UPDATE 8:57 a.m.: A fire chief on scene says the fuel leak has been stopped and berms are in place to contain it. A state Department of Transportation truck is en route to the scene with sand. The victims trapped under the truck has been extricated.

UPDATE 9:16 a.m.: A representative from the state Department of Environmental Conservation is en route and asked about about the fuel spill and was told "There is an unknown, large amount in a ditch area."


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Elba students celebrate reading through music

By Gretel Kauffman

The beat is thumping, the energy is high, and the sound is thunderous as hundreds of tiny feet stomp the floor and just as many tiny hands smack together enthusiastically. Two hundred children chant, "We will, we will, READ YOU!" in deafening unison.

Welcome to Reading Month at Elba Central School.

In past years, the students have celebrated books in more traditional ways. This year, elementary art teacher Stephanie Rudman decided to mix things up a bit by inviting children's entertainer Glenn Colton to perform for the students. Colton's hour-long show entertained both students and teachers alike with silly jokes, oldies music references, and a message that reading can be fun.

Rudman says that she had remembered Colton performing at Elba years ago, and decided to bring him back in order to add a more musical aspect to the month.

The Orchard Park-based entertainer performs in about 250 locations per year, mostly staying in the Western New York area. He has a variety of educational concerts available, featuring themes such as bullying, cyber safety, and staying drug-free. Along with writing songs, he has also authored two children's books, "Mr. Ducky Wucky -- The Wonderful Secret" and "Browser the Mouse and His Internet Adventure." 

For more information on Colton's shows and book signings, go to www.glenncolton.com

Photos: Wednesday night at the auction

By Howard B. Owens

So tonight I drove out to the Wortendyke Road to the Bontrager Auction house -- not to take pictures (but you know, I always have my camera with me) but to bid on a set of 10 Don Carmichael prints.

If you've ever been in a local business and seen a pen-and-ink drawing of a local historic building, chances are, it's a Don Carmichael print. (Lorie Longhany has also done some wonderful drawings of local buildings).

I had my heart set on winning these at auction tonight, but it turns out it wasn't meant to be.

Still, the auction was great fun and I always enjoy taking pictures.

More pictures after the jump:

Photo: Old barn on Maltby Road, Elba

By Howard B. Owens

Driving back from a meeting in Alabama this afternoon, I took a turn down Malby Road and wound up passing this barn in Elba. I've passed it before, but the snow on the shingles seemed like a nice touch.

'We've got icy conditions on every road'

By Howard B. Owens

The Weather Service continues to insist that this storm will last until midnight and about an hour ago, predicted another inch of snow.

From about 4 p.m., the snow has been falling reasonably fast in Downtown Batavia.

There are reports of cars off the road in several parts of the county and a couple of minor accidents in the city.

A highway worker informed dispatchers a little while ago, "We've got icy conditions on every road out here. There is snow, sleet and freezing rain."

Drive carefully.

Drive to bring soccer back to Pembroke pitched to a new committee

By Howard B. Owens

Adding boys soccer to Pembroke High School's fall sports line-up needs more study -- that was the request of a couple of speakers at Tuesday's school board meeting and the decision of the board.

The board will appoint up to 16 people to a new committee to study the issue. The committee will include coaches, parents and students representing interests in not only soccer, but football, volleyball and cross-country.

The primary concern of those opposed to adding soccer is that it will detract from, if not lead to the elimination of, other sports.

Elizabeth Gabbey said if Pembroke was a Class A sport, she would fully support adding soccer and even be at all the games, but with declining enrollment in Pembroke, a Class C program, she fears even the football program could die if competing for athletes and support with soccer.

 "Are we willing to risk our football program or our volleyball program by adding a fourth sport?" she asked. "If we lose our football program, what will happen to football cheerleaders? This is an impact that not is just adding a team."

She added that boys who play soccer have club teams they can join, which still provide a path to college sports, but that's not an option open to football players.

One of the football coaches, and a teacher at Pembroke, spoke against the way the issue has been handled to this point, implying that soccer supporters were trying to push through the program without giving opposition voices a chance to raise concerns.

"I also wish to express the opinions of the thousands of concerned and unpretentious residents of this community who chose not to provoke others to bias the democratic decision making here at Pembroke with an intimidating show of force," Matthew Peterson said.

"I simply wish to have this statement read aloud to illustrate on record that many others disagree with both the means and the ends of adding an additional fall boys' sports program, and I choose to do so without the media hoopla and disruptions that surely accompany the throngs of people incited to be here tonight."

Peterson also took issue with the idea that soccer playing boys don't have an option at the high-school level in Pembroke.

"The most misunderstood idea centered on soccer is that students here greatly desire to play soccer and are being denied," Peterson said. "That assumption is entirely false! Soccer does exist here and students do have the opportunity to play from ages 5 to 19 in the spring season through PYA.

"The argument and the hidden agenda is to add another soccer team to compete in the fall, funded by the school district, and competing with and drawing from a dwindling student population. Let us not lose sight of the reality that soccer already exists at Pembroke."

(Read Peterson's full statement here)

Scott Birkby said he's coached both football and soccer in the district for years and knows pretty much all the boys who play either football, soccer or both, and when this issue came up, he surveyed the players to see if a boys soccer team in the fall would hurt football.

"I don't have proof," Birkby said. "I don't have the boys signatures, but I can say from my research, the net impact for the short term would be a total of only three players."

Birkby suspects volleyball might be the sport eventually phased out, which may happen anyway because of declining enrollment and the lack of nearby teams from similarly size schools. 

He said the team must often travel two and three hours for matches against larger schools.

"It's not a very successful program," he said.

Tina Curtis (dark hair in the middle of the top photo) and Rene Birkby, parents who have been leading the effort to reinstate soccer, said they were taken aback by the opposition.

Curtis said the soccer-supporting group is ready to do what it takes to ensure the program is not a financial drain on the district.

"These boys are not asking for fancy new equipment or jerseys," Curtis said. "They’re willing to donate soccer balls and wear old uniforms. They’re only desire is to play soccer and represent their school. We are willing to work with the district to raise the funds to offset this program."

Superintendent Gary Mix (inset photo) applauded the parents for thoroughly and honestly studying the issue and the students for showing leadership in bringing it forward. But he said, inevitably, somebody is going to be disappointed by whatever decision is reached.

"Any direction we go from this point forward is going to be a challenge," he said.

The district is facing a number of difficulties with declining enrollment and state budget cuts.  

Only a small minority of schools of Pembroke's size can run successful programs in all of its sports, and success is important, he said.

"It's easy for us as adults to believe that the important thing is not winning or losing, but rather students having fun," Mix said. "That's true to an extent, but a big part of the fun is experiencing success."

Rochester man given four years for first-degree rape

By Brittany Baker

Lamar T. Anderson, 27, was sentenced in Genesee County Court this afternoon to four years in prison, followed by 10 years of supervision, for raping a Batavia woman last year.

Anderson pled guilty in October.

"At that time, I advised you to cooperate with probation and abide by all other warnings and components," Judge Robert Noonan said to Anderson.

"At a previous meeting for your sentencing, it was evident that Anderson did not get it and refused to get a sexual-offender evaluation and a substance-abuse evaluation as well."

Noonan said that the case has been adjourned several times to obtain those evaluations.

Anderson has since been evaluated and District Attorney Lawrence Friedman said today that the report is unlike most other reports he has come across.

"With all due respect... this is not (the kind of) an evaluation I'm used to seeing," he said. "It is woefully inadequate and really doesn't address what is necessary and is of no benefit to this court as far as making a determination."

Anderson's attorney, William Tedford, disagreed.

"To address Mr. Friedman's opinions about (the report) I would respectfully disagree," he said as he flipped through and read a few short excerpts out loud.

Reading from the evaluation, Tedford said, "He (Anderson) makes several impressions that he was cooperative and readily provided information that there is high hope that he can live an offense-free life in the future...he is not a predator-type offender...he acknowledges responsibility for his offenses."

Tedford admitted to Judge Noonan that Anderson has become a client that he is "...the closest with during my year in this office. He is an intelligent and well-mannered individual and he has opened his eyes since you incarcerated him. I hope that you will see that today."

Tedford asked that the year Anderson has already spent behind bars be considered sufficient and if Anderson could be given the opportunity to prove himself through probation only.

When Judge Noonan asked if Anderson had anything to say, Anderson said quietly, "I just know I made a big mistake. I'm doing everything and am trying to get better."

After Anderson spoke, Judge Noonan gave his sentence, saying that he disagreed that Anderson's actions can simply be considered a mistake.

"A mistake is something that is much more transitory and requires much less time and much less absence of judgement," he said.

"You committed a very violent sexual offense for which you do not take responsibility and minimize your involvement...Your attitude at every point during these times tells me that you need to be segregated from society for some period of time."

Noonan imposed a four-year sentence to be followed by a 10-year post-release supervision period. Anderson was also ordered to pay a number of fees. He has the right to appeal the judgement within 30 days.

Two-car accident on Pekin Road, Elba

By Billie Owens

A motor-vehicle accident, thought to be a head-on collision, has occurred on Pekin Road, Elba, in the area of the curve. There is one person trapped inside. The front passenger has a head injury and is conscious.

A responder on scene says the injuries are minor.

Elba Fire Department and Mercy EMS are responding.

UPDATE 12:22 p.m.: Fire police are requested to shut down traffic on Pekin Road.

UPDATE 12:49: Mercy medics are en route to UMMC. Elba fire units are back in service. Tow trucks are called in. The road has reopened.

Weather advisory extended, expect more snow

By Howard B. Owens

A weather advisory originally expected to expire at 4 p.m. has been extended to midnight, and the initial estimate of total snowfall has crawled up to 4-8 inches.

Buffalo and Batavia appear to be the primary targets of the storm.

Snowfall will be heavy at times and reduce visibility to a quarter-mile.

Morning travel is expected to be difficult.

There have already been a number of minor accidents in Genesee County and snow removal crews are out in force.

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