Darien

Shawn M. Twardowski, 34, of Bank Street, Batavia, is charged with: animal cruelty; second-degree harassment; third-degree robbery; fourth-degree criminal mischief; obstruction of governmental administration; and resisting arrest. Twardowski was reportedly involved in an incident at his residence on Bank Street at 12:15 a.m., Thursday. He allegedly strangled and punched a beagle, subjected a female at the location to physical contact, stealing and attempting to disable her mobile phone and then, upon police arrival, barricaded himself in a bedroom. When police gained access, he allegedly struggled with officers. He was jailed on $50,000 bail.

Salvatore M. Schwable, 19, of Webber Avenue, Oakfield, was arrested on a warrant. Schwable allegedly violated the terms of his release-under-supervision contract. He was jailed on $2,500 bail.

Ronald J. Murray Jr., 22, of Wood Street, Batavia, is charged with harassment, 2nd. Murray allegedly pushed another person during an argument, reported at 8:30 p.m., Thursday.

Alan P. Ellis, 36, of Lewis Avenue, Batavia, is charged with harassment, 2nd, criminal obstruction of breathing, endangering the welfare of a child and cruelty to animals. During an argument reported at 5:15 a.m., Sunday, Ellis grabbed victims by their throats, with one being under age 17, and he allegedly threw and kicked a dog, causing it to limp.  

Charles J. Rodriguez Sr., 40, of North Spruce Street, Batavia, is charged with petit larceny. Rodriguez was arrested on a warrant out of Batavia City Court at Buffalo City Court when he appeared there on an unrelated matter. He was jailed on $1,000 bail or $2,000 bond.

Michael J. Antonucci, 34, of Alexander Road, Attica, is charged criminal contempt, 2nd. Antonucci was arrested on a warrant for allegedly violating an order of protection.

Jeanna M. Hattaway, 29, of West Main Street Road, Batavia, is charged with petit larceny. Hattaway allegedly stole two pairs of sunglasses from the 7-Eleven at 505 E. Main St., Batavia.

Diane M. Fiorentino, 67, of Grandview Terrace, Batavia, is charged with harassment, 2nd. Fiorentino was arrested Nov. 13 following the report of an incident at 5:30 p.m. that day at her residence. No further details released.

Nikayla C. Jackson, 19, no permanent address, Batavia, was arrested on a warrant for alleged failure to appear on a disorderly conduct charge.

Willie A. Saab, 42, of West Main Street, Batavia, is charged with two counts of first-degree criminal contempt and two counts of aggravated family offense. Saab allegedly violated a pair of stay-away orders. He was jailed without bail.

Grayson Jordan Albert Finnin, 20, of Seven Springs Road, Batavia, is charged with harassment, 2nd, obstructing emergency medical services, and unlawful possession of alcohol by a person under age 21. Finnin was allegedly involved at a disturbance at a local hotel at 12:12 a.m., Tuesday. He was transported to UMMC and allegedly became combative with medical staff and police officers.

Gerardo Carrera-Sanchez, 31, Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle, unlicensed operator and moving from lane unsafely. Carrera-Sanchez was arrested by Deputy Howard Wilson following the investigation into a motor-vehicle accident reported at 7:30 a.m. Jan. 22 on Shelt Road, Byron.

Timothy Michael Weinstein, 44, of Alleghany Road, Darien, is charged with criminal contempt, 2nd, and unlawful possession of marijuana. Weinstein allegedly violated the terms of an order of protection.

Yahaira Ann Marie Brown Diaz, 18, of Old Telephone Road, Bethany, is charged with unlawful possession of marijuana. Diaz was allegedly found in possession of marijuana while at a location on West Main Street Road, Batavia, at 7:04 p.m., Sunday.

Nicholas Benjamin Wall, 26, of Dodgeson Road, Alexander, is charged with DWI, driving with a BAC of .18 or greater and being stopped/standing or parked on a highway. At 12:09 a.m., Deputy Ryan Young and Deputy Jeremy McClellan were dispatched to 1954 Broadway, Darien, for a report of a driver slumped over the steering wheel. Deputies report finding the defendant sleeping in the vehicle with the vehicle in reverse. 

Tony Robert Hoag, 49, of Shacktown Mountain Road, New Berlin, is charged with unlawful possession of untaxed cigarettes, criminal tax fraud and obstructed plate. Hoag was allegedly found in possession of 14,400 untaxed cigarettes during a traffic stop for alleged violations at 11:25 a.m. Friday by Deputy Travis DeMuth.

Catherine E. Peet, 58, of Elmwood Avenue, Rochester, is charged with criminal mischief, 4th, criminal possession of a weapon, and menacing, 2nd. Peet allegedly damaged two vehicles with a shovel and threatened a person with that shovel during an incident reported at 9:35 a.m., Jan. 30, 2016 at a residence on Colorado Avenue, Batavia.

Timothy M. Scanlan, 25, of Genesee Street, Le Roy, is charged with criminal possession of marijuana, 3rd, and two counts of criminal possession of a controlled substance, 7th.  Scanlan was arrested following the execution of a search warrant by the Local Drug Task Force. Scanlan was allegedly found in possession of Suboxone and Lortab pills along with a large quantity of marijuana and an amount of cash.

Jessica L. Connoly, 38, of Brooklyn Avenue, Batavia, is charged with unlawful possession of marijuana and uninspected motor vehicle. Connoly was stopped 7:52 a.m. Friday on East Main Street by Officer Frank Klimjack.

Scott T. Lasker, 42, of Harper Road, Darien, is charged with criminal contempt, 2nd. Lasker was allegedly found in violation of a stay-away order during a traffic stop at 3:51 p.m. Sunday on West Main Street, Batavia.

Benito Hernandez-Vega, 36, of East Main Street Road, Le Roy, is charged driving under influence of drugs and alcohol, possession of a hypodermic instrument, aggravated unauthorized operation, 3rd, unlicensed operation and moving from lane unsafely. Hernandez-Vega was stopped 9:50 p.m. Jan. 13 on East Main Street, Batavia, by Officer Nicole Salamone.

Adam Arsenault, 31, of Hutchins Street, Batavia, is charged with obstructing governmental administration. No further details provided except that the arrest stemmed from an incident reported at 3:30 a.m. Saturday.

Katrina L. Thigpen, 34, of Thorpe Street, Batavia, is charged with harassment, 3rd, menacing, 3rd, and endangering the welfare of a child. Thigpen allegedly poured lighter fluid on a victim and his vehicle during a domestic dispute reported at 9:53 a.m. Monday on Thorpe Street.

Shah L. Zajic, 40, of Eleanor Place, Batavia, is charged with DWI, driving with a BAC of .18 or greater, driving without headlights and refusal to take a breath test. Zajic was arrested stemming from a traffic stop at 2:17 a.m. on Jan. 14 on Ross Street, Batavia, by Officer Matthew Wojtaszczyk.

Candace M. Sanchez, 51, of Ellicott Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd, and criminal possession of a hypodermic instrument. Sanchez was allegedly found in possession of the items by NYS Parole.

Gregory Wayne Houseknecht, 25, of College View Drive, is charged with petit larceny. Houseknecht allegedly stole merchandise from Walmart at 2:58 p.m. on Jan. 19.

Craig Shareef McKenzie Jr., 19, of Batavia Stafford Townline Road, Batavia, was arrested on a warrant stemming from a petit larceny charge.

Mirnes Kozarac, 35, of Lansing Street, Utica, is charged with unlawful possession of untaxed cigarettes. Kozarac was allegedly found in possession of 2,200 untaxed cigarettes during a traffic stop by Deputy Travis DeMuth at 10:16 a.m. Sunday on Route 77, Pembroke. Also charged was Salim Selimovic, 60, of Mulberry Street, Utica, who was allegedly found in possession of 5,800 untaxed cigarettes.

Randy Robert Reiner, 22, of Washington Street, Akron, is charged with unlawful possession of marijuana. Reiner was arrested after Deputy Richard Schildwaster stopped at 10:26 p.m. Jan. 16 on Main Road, Pembroke, to check on a disabled vehicle. Reiner was allegedly found in possession of 16 marijuana smoking devices that contained marijuana residue.

Julia L. Tombari, 22, of Highland Avenue, Batavia, is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. Tombari was allegedly found in possession of a controlled substance not prescribed to her along with packaging and other drug paraphernalia by Officer Arick Perkins at 2:45 p.m., Friday, at a residence on Highland Avenue. 

Melissa R. Piazza, 27, of Jackson Square, Batavia, is charged with criminal possession of stolen property, 4th. Piazza is accused of using a stolen credit card to make purchases at the Kwik Fill, 99 Jackson St., Batavia. She was released under supervision of Genesee Justice.

Kevin E. Dolison, 21, of Meadow Drive, Geneseo, is charged with harassment, 2nd. Dolison was arrested on a warrant stemming for an alleged incident reported at 7:04 p.m., Nov. 30, at a residence on South Main Street, Batavia, where Dolison allegedly struck another person. Dolison posted bail and was released.

Carolyn L. Magoffin, 33, of Colby Road, Darien, was arrested on a warrant for alleged failure to appear for a scheduled court date. Magoffin posted $500 bail and was released.

Falicia N. Tuczai, 26, of Prospect Avenue, Batavia, is charged with trespass. Tuczai allegedly entered property at 7:16 p.m., Thursday, on South Main Street, Batavia, after being previously told by police not to enter the property.

Darien Town Supervisor David Hagelberger said a proposal to create a new water district in the municipality will be a hot topic once again as soon as work on an accurate map of the area in question is finished.

"I'm sure the water (district) will heat up in terms of news when we get the map completed," Hagelberger said Wednesday afternoon. "We have been busy detailing the map as far as which properties will be in it and identifying the property boundaries."

Town residents initially heard about the proposed $24.8 million project to supply public water to two-thirds of the population in late September and, following a couple of public presentations by engineer Steve Mountain, were asked to fill out survey cards indicating their preference.

Hagelberger said that 869 cards were mailed to property owners in the proposed Water District No. 6.

Through Dec. 3, the survey results are as follows:

-- 195 in favor, or 22.4 percent;
-- 309 against, or 35.6 percent;
-- 5 undecided, or .6 percent;
-- 360 yet to be returned, or 41.4 percent.

"As you can see, the biggest group are the non-responders," Hagelberger said. "We're hoping to get more cards back since we really don't know what they are thinking yet."

He said that town and Genesee County officials hope to have the map done by the end of the month and, if that is the case, the issue could come up at the Town Board's next meeting on Feb. 1.

Estimates show that the project would cost property owners, at the outset, about $1,275 annually in debt service and water usage costs.

Back in September, Hagelberger said that this opportunity to provide public water to the 2,095 town residents who have well water was a "go or no go" situation.

The project also comes with grant funding from USDA Rural Development in the amount of $6.8 million -- funds that lower the cost to an affordable level, the supervisor added.

Sentencing was delayed today for a Joel Bert Shorts, a 55-year-old Canisteo man who admitted in October to engaging in oral sex with a teenage boy at a religious gathering last summer because the probation department in Steuben County didn't complete a necessary evaluation.

Officials in Steuben apparently overlooked a request for the evaluation and didn't start on it in time for today's hearing.

Shorts was scheduled to be sentenced today and there was also going to be a hearing to determine what level he would be registered as a sex offender.

When Shorts agreed to plead guilty to the Class E felony of criminal sex act in the third degree, the agreement would give him a chance to avoid a four-year prison term and instead be placed on probation in Steuben County for 10 years.

Shorts was arrested July 20 at Darien Lake Theme Park Resort, where he was attending Kingdom Bound with a church group.

The new hearing date is 11 a.m., Feb. 21.

He remains out of jail on his own recognizance. 

The hearing is one of the first court appearances as the new County Court Judge Charles Zambito. Prior to the hearing, Zambito disclosed to Short's attorney the fact that the assistant district attorney handling the case, Robert Zickl, is the brother of Will Zickl, who is now Zambito's staff attorney. Zambito said that on this case, because Robert Zickl is the ADA, Will Zickl would have no involvement and would not be consulted. Short's attorney acknowledged the disclosure and waived any claim to a conflict of interest and said he wasn't concerned about the relationship.

It will be the 25th season of concerts at Darien Lake Performing Arts Center this summer and Live Nation has started to release the names of some of the bands scheduled to perform, including Green Day.

As part of the band's Revolution Radio Tour, Green Day will take the stage Aug. 26, a Saturday. Also on the bill, Catfish and the Bottlemen. Showtime is 7 p.m.

Some classic rock bands have also been booked.

Chicago and the Doobie Brothers will be in town July 18. 

Foreigner and Cheap Trick will share top billing July 21, with special guest Jason Bonham's Led Zeppelin Experience.

Christopher T. Walker Jr. is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on July 4 in the Town of Darien that Walker -- with knowledge that it was forged and with intent to defraud, deceive or injure another -- possessed a forged instrument, a counterfeit $20 dollar bill. In counts two through 10, Walker is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on the same date he possessed nine more counterfeit $20 dollar bills (a total of 10).

Chase J. Francis-Whipset is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 4 in the Town of Le Roy the defendant knowlingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, the defendant is accused of the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on the same date he knowingly and unlawfully possessed a controlled substance, cocaine, which weighed 500 milligrams or more. In count three, Francis-Whipset is indicted for the crime of aggravated unlicensed operation in the second degree, an unclassified misdemeanor, for allegedly operating a motor vehicle in the Town of Le Roy while knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities and at the time of operation he had in effect three or more suspension imposed on at least three separate dates for failure to answer, appear or pay a fine.

A truck that was stolen from a location on Route 77 in Darien yesterday was recovered overnight on Route 219 in Erie County, along with the trailer that was hitched to it carrying two brand new Polaris 450 four-wheelers.

But the two four-wheelers are still missing, according to Chief Deputy Jerome Brewster.

If anybody has information that may assist in the investigation, call (585) 343-5000.

A new Ford F-350 pickup truck, along with a double-axle tilt trailer carrying two brand new Polaris 450 four-wheelers, was stolen sometime overnight from a location on Route 77 in Darien.

The pickup truck is white.

The only lead at this time is footprints in the snow, said Chief Deputy Jerome Brewster, Genesee County Sheriff's Office.

Deputies were dispatched at 6 a.m. to take the report, Brewster said.

People with information that may assist in the investigation are asked to call the Sheriff's Office at 343-5000.

UPDATE: A picture of the truck added. Investigators are asking that if you saw this truck with a trailer out on the road anytime after, say, 4 a.m., or maybe earlier, call the Sheriff's Office.

A hunter has reportedly fallen from his tree stand and is hanging by his safety harness at a location in Darien State Park.

The call came in through a third party.

Dispatchers are trying to determine his exact location.

Darien fire and ambulance are dispatched along with Mercy EMS.

UPDATE 12:49 p.m.: Corfu fire requested to the scene to assist with manpower for a search. Staging is at the Sumner Road entrance.

UPDATE 12:55 p.m.: Mutual aid requested from Alexander fire and Bennington fire and their utility vehicles.

UPDATE(S) 1:28 p.m. (By Billie): Another hunter has found the victim and told first responders.

UPDATE 1:32 p.m.: The patient is on the ground now.

UPDATE 2:03 p.m.: The hunter was helped to the ground by the hunter who found him. He has a possible ankle injury and is being transported to UMMC. East Pembroke Fire Department's new ATV, which went into service today, was deployed and transported the patient from the woods to the ambulance.

Jerard L. Wilson, 18, of Roycroft Drive, Rochester, is charged with unlawful possession of marijuana. Wilson was charged following a complaint of excessive marijuana smoke coming from a vehicle in the parking lot of 337 Bank St., Batavia.

A 17-year-old resident of Shanley Street, Cheektowaga, is charged with unlawful possession of marijuana, inadequate exhaust, uninspected motor vehicle and unlicensed operator. The youth was stopped at 1:43 a.m. Saturday on Route 77, Darien, by Deputy Eric Meyer. Also charged with unlawful possession of marijuana was Megan Lynn Murby, 18, of Aurora Street, Lancaster.

Shawn P. Burns, 38, of Oak Orchard Street, Albion, is charged with DWI and driving with a BAC of .18 or greater. Burns was charged after police responded to a disturbance complaint at 12:17 a.m., Nov. 10 at 301 North St. Burns is accused of having driven to that location while intoxicated. The incident was investigated by Officer Nicole Salamone.

Reginald C. Sampson, 50, of Ellicott Street, Batavia, is charged with grand larceny, 4th. Sampson allegedly stole a purse containing credit cards.

Brian J. Miller, 35, of Ellicott Street Road, Bethany, is charged with assault, 3rd, unlawful imprisonment and criminal obstruction of breathing. Miller was arrested following an investigation into an incident reported at 1 a.m. Saturday on Edward Street, Batavia.

Jordan R. Bradley, 23, of Colby Road, Corfu, is charged with petit larceny. Jordan is accused of shoplifting from Tops. Bradley was held on an alleged parole violation.

Bernard Thomas, 57, of Whitney Avenue, Pittsburgh, is charged with sex offender failure to report an address change. Thomas, a Level One sex offender, reportedly moved to Pittsburgh without notifying officials of his address change within 10 days. After speaking with investigators, he returned to Batavia and was charged. He was released under supervision of Genesee Justice.

Brandon D. Delelys, 18, of Hartshorn Road, Corfu, is charged with burglary, 2nd, conspiracy, 4th, and petit larceny. Delelys is accused of committing a burglary on Hutchins Street in August. He was released under supervision of Genesee Justice. Also charged was Michael E. Welchman, 21, of West Main Street, Batavia.

Patricia A. Sand, 59, of East Main Street, Batavia, is charged with grand larceny, 4th, and conspiracy, 5th. Also charged, Michael R. Ostrander. Sand and Ostrander are accused of stealing a wallet while at Aldi's. Sand was issued an appearance ticket. Ostrander was jailed without bail.

Cheryl M. Lyons, 51, of Tracy Avenue, Batavia, is charged with menacing, 1st, criminal possession of a weapon, 3rd, and criminal contempt, 1st.

Fawn Lynn Marie Kaczmarek, 28, of Thorpe Street, Batavia, is charged with petit larceny. Kaczmarek allegedly stole the tip cup of a waitress at Batavia Downs.

Williams T. Gibbs, 61, of West Main Street, Corfu, was arrested on a a warrant for alleged failure to appear. Gibbs allegedly failed to appear in City Court on traffic tickets. 

Kenneth W. Cook III, of Galloway Road, Batavia, is charged with criminal contempt, 1st. Cook allegedly violated an order of protection.

Jacklyn M. Ganzhorn, 29, of Central Avenue, Batavia, is charged with failure to appear. Ganzhorn was located by a Sheriff's deputy and transported to Batavia PD. He was jailed on $1,000 bail or $2,000 bond.

There are no injuries in an accident in the area of 2276 Broadway Road, but the vehicle struck a utility pole and the utility pole snapped in half.

Darien fire is dispatched.

UPDATE 2:09 p.m.: Alexander fire requested to Route 20 and Alexander Darien Townline Road to shut down westbound traffic.

For those that are starting out, downsizing, snowbirds or just looking for cozy this 2 bedroom ranch home is for you! Solid home, mechanically sound and in need of some décor updating this home is affordably priced! It features a 1 step living style for those that hate stairs! Large room sizes and great layout makes for easy living. Has new metal roof, solid large detached garage work area and awesome park like yard-Check this one out!!

Click here to view the complete listing for 10529 Bonnie Brae Dr. in Darien. Call Lynn Bezon at Reliant Real Estate today at 585-344-4663!

A car has struck a deer on Kelsey Road near Harloff in Batavia.

There was airbag deployment and the woman passenger is pregnant.

A Mercy EMS ambulance is requested to the scene for evaluation.

A minor injury is reported.

Batavia fire responding.

    Dawn Piasta     Jessica Reddy     Michael Saeli

Dawn M. Piasta, 61, of East Main Street, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Piasta was arrested on a sealed indictment. She is accused of selling crack cocaine to an agent of the Local Drug Task Force while in the City of Batavia. She was held on the warrant pending arraignment in Genesee County Court.

Jessica R. Reddy, 24, of McVean Road, Darien, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Reddy is accused of selling hydrocodone to an agent of the Local Drug Task Force while in the Town of Pembroke and in the Town of Alexander. Reddy was held pending arraignment in Genesee County Court.

Michael A. Saeli, 47, of Scribner Road, Pembroke, is charged with criminal possession of marijuana, 3rd, and unlawful growing of cannabis. Saeli is accused of having 87 marijuana plants growing on his property with an aggregate weight of more than eight ounces. He was issued an appearance ticket.

 

 

 

 

 

 

 

 

 

 

Press release:

 CNL Lifestyle Properties has entered into a purchase and sale agreement with Kansas City-based EPR Properties for the sale of its portfolio of water parks and amusement parks. 

Kieran Burke, CEO of Premier Parks, LLC, which manages the day to day operations of Darien Lake for CNL, and would continue to do so under a long-term lease agreement with EPR if the sale closes, stated “Even though the park may be sold, it’s really business as usual at the park. There will be no changes in park staff or operations.” commented Burke.

Premier Parks, which operates 8 parks for CNL throughout the US, took over management of Darien Lake after the 2014 season. During Premier Parks’ management of the 2015 and 2016 seasons, Darien Lake added several new rides to the park including the addition of Rolling Thunder, Brain Drain, and RipCurl Racer, as well as more concerts and increased value for season pass holders. In that time, the park has experienced meaningful increases in attendance and revenue.

“As the park operator, we are extremely excited about this sale and the positive impact we believe it will have on Darien Lake and our entire company in the future,” Burke commented.

EPR Properties is a New York Stock Exchange publicly traded REIT with substantial resources, more than $5 billion in investments, and a proven track record in the entertainment industry.

“We look forward to supporting the efforts of both CNL Lifestyle Properties and EPR Properties as they advance the sale process, and we remain focused on continuing to grow Darien Lake’s position as a place families love to visit and vacation,” added Chris Thorpe, Darien Lake General Manager.

The Darien Town Board on Wednesday night approved a $3 million preliminary budget that keeps tax rates for its sewer and water districts in check and also renewed a contract with the Darien Chemical Volunteer Fire Company that keeps the tax rate the same as last year.

"I'm pleased to say that we will not need a public hearing to override the tax cap," Supervisor David Hagelberger said as about a dozen people looked on at the Town Hall. "The tax rate for fire protection will be held to this year's cap adjusted value of .68 percent."

Town residents will pay $1.05 per $1,000 of assessed valuation ($105 per year on a home assessed at $100,000) per terms of the $267,713 one-year pact with the fire company.  The town is obligated to pay $253,160 to the fire company by March 15. The additional $14,553 will be derived from revenues generated by Genesee County's revamping of its workers compensation program from assessment based to employee based.

Once again, there is no town tax in the general fund or the highway fund, while taxes to residents in the sewer district and various water districts either remain the same or decrease for 2017.

In sewer district No. 1, which takes in the hamlet of Darien Center, the levy is $395 per unit -- down 1.8 percent from last year.

In water district No. 3, the rate is $1.60 per $1,000 of assessed valuation -- down 9 percent -- and in water district No. 5, the rate is $284 per unit -- down 11 percent, Hagelberger said.

All told, the budget is $3,057,479, with the town contributing $539,249 from its unexpended fund balance and the residents contributing $346,857 hrough taxes.

"Last year, we used $4,000 short of $800,000 to put on a highway garage addition, wilth four new bays," the supervisor said. "Even with this year's amount, we're OK, having about $1.9 million in reserves (accumulated through savings and sales tax surplus)."

Hagelberger said Darien, like most towns and villages, is "heavily dependent upon sharing sales tax revenue with Genesee County" -- funds that enable the town to operate.  

The budget reflects minimal (1-2 percent) increases to elected officials.  The highest paid is the full-time highway superintendent at $58,687, one of seven full-time town employees who receive health insurance through the town.

On another front, Hagelberger reported that 482 of 869 postcards sent out by the town to gauge the community's feelings about a proposed new water district have been returned. The early results show that most property owners are against the measure.

Thus far, the tally has 294 opposed, 183 in favor, five undecided and 387 not yet returned.

While 60 percent of the cards returned reflect opposition to the water district -- which would cost property owners around $1,275 annually in debt service and water usage -- Hagelberger said it's too early to make a valid determination of the outcome.

"We're still collecting information from property owners," he said, adding that the board doesn't want to put a deadline on returning the postcards. "It's not a vote. The real purpose is to find out if we should proceed or not. If we had a tremendous amount opposed, we wouldn't proceed. If we had a lot for it, then we would. Right now, I would say it's a mixture."

He did acknowledge that a town resident, Trina Goodman, is circulating a petition seeking signatures from those opposed to creating the water district. The project to deliver public water to those who currently have wells calls for taking out an $18 million loan for 38 years to cover the debt service, with the overall cost being reduced by a $6.8 million grant from U.S. Department of Agriculture Rural Development.

"She has the right to circulate the petition, but I don't see how that provides any more information than we will get from the postcards," he said.

Goodman contends that the project is "simply too expensive" and that Genesee County could be putting pressure on the town to make this happen, which Hagelberger emphatically denied.

A motorcycle has reportedly struck a deer in the area of 2178 Broadway Road, Darien.

That's just west of Smithley Road.

The rider is reportedly conscious and alert.

Darien fire and Darien ambulance responding.

Peter Stanley Hawkins, 49, of A Cayuga Village Street, Niagara Falls, is charged with third-degree assault. He was arraigned on the charged in Darien Town Court at 4:20 p.m. on Oct. 18. His arrest stems from an unspecified incident that occurred at Darien Lake Performing Arts Center at 9 p.m. on Aug. 31. Hawkins was released under supervision of Genesee Justice and is due back in Darien Town Court at 1 p.m. on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Guillermo Avila-Ramirez, 64, of Port Bay Road, Wolcott, is charged with: third degree criminal possession of a weapon; unlawful possession of marijuana; unsafe tire; and uninspected vehicle. The subject was arrested for allegedly possessing a dagger in his truck after it was involved in a motor-vehicle crash on Bloomingdale Road at the Tonawanda Indian Reservation at 8:03 a.m. on Oct. 16. The subject also allegedly possessed a bag of marijuana in his pocket at the time of his arrest. He is due in Town of Alabama Court on Nov. 3. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Sheriff's Sgt. Eric Seppala and NYS Trooper Mark Catanzaro.

Joshua John Dibble, 34, of Pearl Street, Batavia, is charged with petit larceny. At 4:28 p.m. on Oct. 15, following the investigation of a shoplifting complaint on Lewiston Road in the Town of Batavia, Dibble was arrested. He allegedly stole merchandise from a department store by passing all points of purchase without paying. He was issued an appearance ticket for Oct. 27 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Robert Henning.