Maybe I'm jumping the gun a bit, itching to see a robin, or the first flock of geese in migratory formation.  Whatever the reason, I thought it a good time to pass along these photos taken by Mark Stryker of Alexander.  With the exception of the Scrub Jay pictured above, these photos were taken last summer near his Alexander home.

House Finch, Goldfinch in left bottom corner

Female Red-bellied Woodpecker

Hummingbird Moth......on a butterfly bush no less!

Orb Weaver

White-crowned Sparrow

?????? Anyone...anyone?

American Goldfinch

I'd like to thank Mark for sharing these awesome photos with the Batavian

Le Roy Ambulance Service is responding to a report of "at least two victims" who were bitten by dogs on North Street in Le Roy.

Apparently, the dogs were each with their owners/handlers and the dogs started to fight. The people got bit trying to separate the fighting dogs.

The State Department of Taxation and Finance notified Industrial Development Agencies (IDAs) earlier this month of a “cost-recovery tax" on revenues, included in the 2009-10 budget, to cover costs of state government services; even though the state statute required the notification by Nov. 1, 2009.

In regard to this, Sen. Michael Ranzenhofer has issued the following statement:

“The most recent development in New York’s tax epic is to punish development agencies for helping businesses locate in our community and create jobs. The 'cost-recovery tax' is nothing but a tax on job creation, effectively hurting efforts of community business leaders to bring jobs to Western New York.

Revenues generated by IDAs are reinvested. The 'cost-recovery tax' steals economic development dollars from our community. Even worse, the tax is based on revenues for 2008, most of which have already been reinvested.

Local industrial development agencies already pay a Bond Issuance Charge to the state for government services. The 'cost-recovery tax' forces local agencies to pay double and this is excessive. After the Authority Budget Office collects the job-creation tax, its budget will increase by 300 percent.

Over the next few days and weeks, I plan to work with my colleagues in state government to defeat yet another job-killing tax.”

Even though the property has been listed for sale, ownership of the Batavia Elks Lodge building is apparently in dispute.

The Benevolent and Protective Order of Elks listed the property at 213 E. Main St., Batavia, with Charles Mancuso and Son, according to agent Mike Sisson.

The deed, however, lists "Batavia Lodge #950, Benevolent and Protective Order of Elks of Batavia" as the owner. It is dated Nov. 16, 1918, according to County Clerk Don Read. The property was conveyed by Louis and Sarah Waird to the local Elks for $6,000.

Former Lodge #950 Exalted Ruler Paul Weiss left a comment on The Batavian disputing the Grand Lodge's claim to ownership.

"The Elks Lodge building is not owned by the Grand Lodge. It is owned by a local Batavia Elks corporation," Weiss wrote.

Lodge Exalted Ruler Timothy Garlock agreed that the ownership is in dispute, but he's still hoping the disagreement that led to the Grand Lodge revoking the local charter on Feb. 12 can be resolved.

The charter was apparently pulled purely for administrative reasons.

"If the Grand Lodge wants to pull our charter and make us go away, that's their call," Garlock said. "If they want to give us another crack at the bat, well, we've got some members working on that."

Kenneth Perry, one of the trustees appointed by the Grand Lodge, and who has previously commented on this matter, could not be reached.

UPDATE: News of an other New York lodge being closed, this time in Norwich.

According to an executive order issued by the Benevolent and Protective Order of the Elks Grand Lodge, Elk’s Lodge #1222 has failed to make reports required by the laws of the order, and has not complied with the auditing and accounting manual.

Sound familiar.  And there's this:

Officers and members of the Norwich lodge, however, strongly disagree with the decision, and have called upon the higher courts of the order for an opportunity to refute the executive ruling.

“This has been a problem for nearly a decade,” said local Exalted Ruler Jeff Cola. “We’re now in the process of appealing the Grand Lodge’s decision, and we believe it was based on past issues.”

Jeffery M.  Rider, 31, of 8130 Route 5, Le Roy, is charged with resisting arrest. At 10:50 p.m., Tuesday, Deputy Bradley D. Mazur reportedly tried to execute an arrest warrant for Rider for alleged violation of probation. At the time of the attempted arrest, Rider allegedly resisted arrest. Rider was jailed on $1,000 bail.

Robert L. Vanburen, 48, of 370 W. Main St., lower, Batavia, is charged with throwing an injurious substance on the highway (littering), DWI and aggravated DWI with a BAC of .08 or greater. Vanburen was stopped by Officer Dan Coffey at 11:53 p.m., Wednesday, on West Main Street.

Robert F. Williams, 49, of 114 State St., Apt. #3, Batavia, is charged with harassment, 2nd. Williams is accused of grabbing a woman and throwing her. She was not injured.

A 17-year-old from Bergen is charged with criminal contempt. The youth is accused of shoving another person. There was an order of protection barring such conduct.

Kimmie A. Welsh, 43, of Corfu, is charged with DWI and operating a motor vehicle while impaired by drugs. Welsh was stopped by State Police at 9:40 a.m., Tuesday, at the intersection of Route 33 and Route 77 in the Village of Corfu. No further details available.

Clarence L. Blackmon, 39, of Oakfield, is charged with grand larceny, 3rd. Blackmon was arrested by State Police at noon, Tuesday. He is accused of stealing an item valued at less than $3,000. No further details are available.

Tanya L .Thyret, 31, of Rochester, is charged with DWI, driving with a BAC of .08 or greater and an equipment violation. Thyret was stopped by State Police at 8:45 p.m., Tuesday, on Culver Road, Town of Bativia. No further details are available.

Accidents from the state police blotter:

4:59 p.m., Feb. 22, Thruway, Mile Marker 399 west, Pembroke, two vehicles; Driver 1: William Burton Lewis, 22, of East Amherst; Driver 2: Leonard E. Neal, 58, of Gravehurst, Ontario, Canada. One injury reported. No further details available.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.  We have $10 gift certificates for $5 each.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

The Enchanted Florist, 202 E. Main St., Batavia, NY:  Spring is almost here, but you an make your home or office feel like spring now with flowers! We have a $20 gift certificate for $9.50.

Oliver's Candies, 211 W. Main St., Batavia, NY. Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

O'Lacy's Irish Pub, 5 School St. Batavia, NY: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: The Batavian is able to offer a limited number of reduced-price haircuts for children under 12. Click Here for details of the offer and to purchase vouchers.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here

SOLD OUT

A large storm front that the National Weather Service says is dropping heavy, wet snow, is pushing across the heart of New York this morning.

A winter storm warning remains in effect through 1 p.m. tomorrow.

Genesee County is on the edge of the storm front and today's snow accumulation is expected to be about only one to three inches. Tonight, the area may get heavier snow accumulation, with the heaviest snowfall coming in the Finger Lakes area and Genesee Valley.

This storm may dump as much as eight inches of snow on Genesee County, while the Finger Lakes may get as much as 12 inches.

Below is a snapshot from the Thruway Cam at the Pembroke exit showing current conditions there.

Two Batavia men were arrested last night after the Local Drug Enforcement Task Force executed a search warrant at 13 Ross Street, lower, looking for a suspected meth lab.

What officers reportedly found was a dismantled lab and some quantity of methamphetamine in various stages of production.

The two suspects in the case were apparently not at the residence at the time of the raid and were located elsewhere in the county.

Taken into custody were Warren T. Cotton, 33, and Eric D. Johnston, 31.

Cotton is charged with criminal possession of a controlled substance. Johnston is charged with unlawful possession of marijuana.

Cotton was arrested following a traffic stop at Walkers Corners Road in Byron. Johnston was located on Evans Street.

While Johnston was released on an appearance ticket, Cotton was jailed without bail.

The investigation is ongoing.

Assisting in the case were Wyoming County Drug Task Force, the Genesee County District Attorney's Office, the Office of Emergency Management and Mercy EMS.

Photos: Warren T. Cotton, upper right; Eric Johnston, lower left.

The following indictments have been handed down by a Genesee County Grand Jury:

Jeffery M. Wisinski, 38, of 7484 Lake St., Vienna, seven counts: Burglary, 2nd; petit larceny; burglary, 3rd; grand larceny 3rd; criminal mischief, 2nd; criminal mischief, 3rd; and, grand larceny, 4th. Wisinski is accused of breaking into a garage at 510 Bloomingdale Road, Alabama, on or about Sept. 10 or 11 and stealing a 2007 Dodge Charger and a credit card. For more on Wisinski's arrest on Nov. 6, click here.

Jason John Reed, 33, of 33 Sunset Parkway, Oakfield, four counts: driving while intoxicated as a class E felony; driving while intoxicated with a BAC of .08 or greater; aggravated unlicensed operation; and endangering the welfare of a child. Reed is accused of driving drunk on Nov. 26 on Pearl Street in Oakfield. Original report, click here.

Witnesses reported seeing several law enforcement units, SWAT, a Hazmat unit and the County Command Post vehicle either heading to or on Ross Street next to the Richmond Memorial Library tonight.

Batavia Police referred questions to Sgt. Steve Mullen of the Local Drug Enforcement Task Force.

Another county official said he wasn't at liberty to discuss the activity and referred questions to either the Police or Sheriff's Office.

Sgt. Mullen responded to an e-mail with, "more to follow."

The activity occurred roughly between 7 and 7:30 p.m. By the time we arrived on Ross Street at 7:40 p.m., all law enforcement and emergency personnel had cleared the scene.

What's up with Pontillo's? I get asked that question nearly every day. We've all seen the work crews there.

What a couple other people have seen is Sam Pontillo at the 500 E. Main St., Batavia, location.

Over the past two weeks I've called Sam Pontillo several times. I've left a few messages. I have not heard back from him.

I've also called the property owner, Thomas Masaschi, and left messages. No return call.

Admittedly, third hand, I've heard that another restaurant owner tried to buy the old Pontillo's sign and was told it wasn't for sale -- that there were plans for it.

So at this point, we only have rumors and speculation, but for all the people who keep asking me what's going on, that's the only answer I can give at this point.

For Sale: Older building with plenty of space, grand old wooden bar, working dumbwaiters, hardwood floors and plenty of local history. It once housed one of Batavia's great civic clubs.

The Batavia Elks Lodge building, at 213 E. Main St., home until recently of Lodge #950, is for sale, listed at $249,900.

The property is assessed for $179,000.

The reason its for sale? It's still unclear.

As The Batavian first reported Feb. 13, the Grand Lodge revoked the local charter for apparently administrative reasons. Lodge leader Timothy Garlock was hopeful the charter could be re-established, but the building being up for sale may not be a hopeful sign.

Neither Garlock nor the trustee we previously spoke with, Kenneth Perry, could be reached for comment this evening.

An Elk in the San Francisco area who has been following an increasing number of Elks Lodge closings on his blog said the posted sale doesn't necessarily mean the end of the local lodge.

However, if the sale is made, the proceeds will be placed in a sort of internal escrow account by the New York State leadership and held for 10 years, giving the local lodge a chance to reconstitute itself. If the money isn't returned to the local lodge after 10 years, it is either donated to a charity or used to start a new lodge elsewhere in the state.

The Grand Lodge doesn't appear to benefit financially from shutting down lodges, which it seems to have done frequently of late, according to Bob Merjano. He's a past president of Lodge #3 (the third lodge started in the nation, in San Francisco, 135 years ago).

Some lodges close for financial reasons, Merjano said, but "some of them are being forced to close even though they seem sound financially, like yours."

The frustrating thing Merjano said, is that the Grand Lodge never comments on closings. They never point out that there are still more than one million Elks and the organization still does a lot of good work for veterans and children.

As for Lodge #3, Merjano said his lodge is doing especially well.  They've been fortunate, he said, to recruit a lot of new, younger members.

A 28-year-old Batavia man, who admitted to selling drugs last fall, is going to prison.

Timothy Lee, who also goes by the name “Cricket,” was sentenced in Genesee County Court this afternoon to four-and-a-half years behind bars.

Lee had pled guilty to selling crack cocaine to a member of the Genesee County Local Drug Task Force.

Judge Robert Noonan told Lee this afternoon he was an “opportunist” and only very belatedly did he show an inclination to enter treatment.

“You don’t need treatment,” the Judge told Lee, “you need jail time, and that’s what you are going to get."

Lee’s fiancé, who is four-months pregnant, wept in court as the sentence was pronounced.

(Story by Dan Fischer, of The Batavian's news partner, WBTA.)

Wet, sticky snow that can damage trees and bring down power lines is on the way, according to the National Weather Service.

This morning's winter storm watch has been upgraded to a warning.

The weather service says the storm will start with light snow Thursday morning and pick up strength as the day goes on and by Thursday night, snowfall will be heavy, perhaps up to two inches an hour.

The storm will taper off Friday, but not before the storm dumps as much as 12 inches of snow in some parts of the region.

Winds will increase late Thursday, up to 25 mph with gusts of 35 mph. 

"The wet nature of the snow should limit drifting somewhat," the weather service says.

It's best not to travel, but drivers should use extreme caution if travel is unavoidable, the weather service said.

Batavia Police have issued wanted notices for two men sought for unrelated crimes.

Jeremiah Williams, 18, is a Level 3 sex offender who has allegedly failed to comply with his restrictions. There is an active felony arrest warrant for Williams. His last known address was 9 Raymond Ave. in Batavia. He is also known to frequent the Albion area. Williams is described as 5'10" and 135 lbs. with brown hair and brown eyes.

Dajuandrick Gardner, 33, is an alleged parole violator. His last known address is 6863 Byron Holley Road, Byron. Gardner is 5'10" and 210 lbs. with brown hair and brown eyes. He wears glasses. Gardner is also known as "Juan" and "Omega."

Anyone with information is asked to call 345-6370.

If it's going to take an expert witness to help Ronald J. Wendt beat the 12 felony charges against him, it's going to take money.

His attorney, Thomas Burns, says Wendt is "tapped out."

Sitting in jail, unable to earn money, Wendt cannot afford the thousands it would cost to bring in an expert in field sobriety tests and breathalyzers to help challenge the charge that he was driving drunk Aug. 12 when he was involved in an accident that took the life of Dansville teenager Katie M. Stanley.

County Attorney John Rizzo filed papers this week opposing a motion by Burns for the county to pay for the expert.

"I understand Mr. Rizzo's concern regarding the taxpayers," said Burns today, "but this is fundamentally at the heart of our defense. It is very important to us."

Wendt appeared in court today -- dressed in Genesee County Jail orange and with his head shaved -- for a hearing on motions by Burns that arresting officer Deputy Tim Wescott did not have sufficient probable cause to charge Wendt and to suppress statements made by Wendt to Wescott.

County Court Judge Robert Noonan denied both motions and set a date for a week-long trial.

Jury selection will start July 12 at 9 a.m. 

Noonan set May 24 as the plea-offer cutoff.

District Attorney Lawrence Friedman said the offer he's made to Wendt is to reduce the aggravated vehicular homicide charge -- with a maximum penalty of 8 to 25 years in state prison -- to aggravated vehicular manslaughter. The reduced charge could still result in a more than two-year prison sentence, and up to seven years.

Burns said after the hearing that he expects the case to go to trial. The bottom end of the sentence on the first count of the indictment is one to three years, if Wendt were convicted by a jury.

Today, Westcott testified at length about the field sobriety test he conducted on Wendt following the late-night accident.

An expert witness would help Burns establish doubt as to whether the test conclusively proved that Wendt was driving drunk.

Wescott testified that he started with an eye-tracking test, which is designed to find possible nystagmus, which is an involuntary eye movement. Wescott testified that Wendt passed this test, saying that in order to determine that a driver has a BAC of at least .10, he will need to show four clues in the test and Wendt showed only two.

Friedman objected to Burns asking a series of questions about the eye-tracking test, but Noonan overruled the objection.

Wescott also testified that he had Wendt walk a straight line with the requirement that he take nine steps in each direction, heel-to-toe. Wescott said in his judgement, Wendt failed this test, missing four steps by an inch or less between his heel and toe going forward and raising his hands from his side on the return.

When it came to touching his nose, Wendt missed slightly on four of six tries.

On another test, where the suspect is asked to close his eyes, tilt his head back and try to estimate when 30 seconds had passed, Wendt said stop after 37 seconds. The standard deviation, according to Wescott, is five seconds.

More than an hour after the accident, Wendt submitted to a BAC test and reportedly tested at .08.

Wendt did allegedly make at least one incriminating statement early in the interview, Wescott testified. Wendt said, according to Wescott, "You might as well have me blow and take me to jail."

Noonan ruled that statement will be admissible at trial.

For previous coverage, click here.

Assemblyman Steve Hawley (R,I,C—Batavia) released the following Tuesday in response to the 2010-11 New York Executive Budget:

According to the Executive Budget, there would be reductions in the operation budget of the Office of Parks, Recreation and Historical Preservation (OPRHP), resulting in the closure of 57 State Parks and Historic Sites throughout the state, including the Oak Orchard State Marine Park.

"The planned closing of the Oak Orchard State Marine Park, and other state parks, as part of the state’s budget reduction proposal is the wrong approach and just another one of Albany’s budgetary gimmicks,” Hawley said. “Once again Albany is forcing Upstate residents to make unfair sacrifices because the special interests in New York City won't give up their demands.

"At a ratio of 33 to 1, these closures will overwhelmingly damage Upstate communities that depend on their state parks not only for local recreation and ‘staycations,’ but for support of their local economies through job creation and tourism. Additionally, many parks charge admission and parking fees, which with longer hours and a longer season could help cover their operating costs.

"Closing parks and restricting operating hours is unwise at a time when the slow recovery from the recession and higher gas prices will lead many families to spend their vacation dollars in local state parks and historic sites,” Hawley continued.

"Despite the announced closures, the State Assembly and Senate can allocate an additional $5 million from the Environmental Protection Fund (through a 21-Day Amendment to the executive budget) to help pay for operational costs at selected parks throughout the state. However, to date the Orchard State Marine Park is not listed among the selected parks that would be eligible for the funds.

“If the state is serious about closing the impending budget deficits then real budget cuts should be made, not cuts to our parks and historic sites. Earlier this month, I joined many of my colleagues, from both sides of the aisle, in sending a letter in opposition to these closures to Speaker Silver. It is my hope that the legislature will find a bipartisan solution that properly allocates the $5 million from the Environmental Protection Fund in a way that prevents any state park closures this year,” Hawley concluded.

Le Roy Police are investigating an accident on Lathrop Avenue that knocked out power to the eastern part of the village for two to five hours last night.

The driver fled the scene of the 1 a.m. one-car accident, according to Le Roy Police Chief Chris Hayward.

No further information is available at this time.

(Thanks to a reader for tipping us to this story.)

A local man admitted in court yesterday to attempted burglary, 3rd, in connection with a break-in at a home at 15 Fairway Drive, Batavia, on Oct. 22.

Chad M. Johnston, 23, told Judge Robert Noonan that he did knowingly enter the residence without permission of the owner and attempt to steal items from the house.

Johnston was in the process of stealing more than $1,000 in household items, including appliances, from the residence, according to Asst. District Attorney Will Zickl, at the time of his arrest.

With a prior felony conviction, Johnston, under terms of a plea agreement, will be sentenced to one-and-a-half to three years in prison.

UPDATE: The Sheriff's Office has provided a little more information on this arrest.

Johnston was charged Oct. 23 with burglary 2nd and criminal possession of stolen property. He entered the residence at 15 Fairway Drive in the Town of Batavia and stole a Maytag washer and dryer, a Whirpool refrigerator and Cub Cadet lawn mower. Upon his arrest, he was found in possession of the stolen property along with a small safe containing paperwork from the residence. All of the items were recovered.

There was also an outstanding parole warrant for Johnston at the time of his arrest.