Darien

There are two accidents reported -- one on West Main at Lyons and the other in Darien on Route 20 near Harper Road.

The accident in the city is reportedly head-on, but with one minor injury.

Minor injuries also reported in Darien. The conditions there are described as zero visibility.

Alexander is asked to close Route 20 to westbound traffic.

From the fire in Pavilion, Pavilion fire is back in service.

Because of ongoing server issues, it will likely be impossible for us to update this post.

Rob and Carol Magoffin took delivery of 9-month-old beefers Monday and as soon as the cattle arrived, they got spooked, ran and broke through a fence.

The calves haven't been seen since.

"I've been looking for them for four days," Rob said.

He bought them to raise as meat for his own household. He and Carol also have a few goats and chickens.

Their hobby farm is located in the area of Colby and Sumner roads, Darien.

One calf is all black and the other is brown with a brown and white face.

Since Rob had just taken delivery of the calves, there are no identifying tags or markings on them.

If you know of their whereabouts or see them, contact Rob or Carol at (585) 813-3881 or (585) 813-2769.

A motor-vehicle accident is reported at Herkimer and Alleghany roads. A woman has a back injury but was able to exit the vehicle. Darien Fire Department and Mercy medics are responding.

UPDATE 12:30 p.m.: The location is determined to be one mile south of Herkimer.

UPDATE 12:36 p.m.: The address is 10971 Alleghany Road. Darien command reports the driver is an elderly female who is still seat-belted inside the vehicle, but is not entrapped.

UPDATE 12:49 p.m.: The patient is a sign-off. Responders will be back in service shortly.

Justin Samuel Fagan, 26, of Ellicott Street Road, Batavia, is charged with assault, 3rd. Fagan allegedly punched another person in the head causing that person to lose consciousness while at the Blue Dog Saloon on Attica Road, Darien, at 12:55 a.m. Sunday. Fagan allegedly fled the scene and was later located by a state trooper in Batavia.

Christopher Michael Rheinheimer, 24, of Chick Road, Darien, is charged with DWI, moving from lane unsafely, unreasonable speed and refusal to take breath test. Rheinheimer was reportedly involved in a motor-vehicle accident at 1:29 a.m. Saturday on Attica Road, Darien, which was investigated by Deputy Jason Saile.

Sutton Ken Carhart, 19, of Clipnock Road, Stafford, is charged with unlawful dealing with a child, 1st. Carhart allegedly provided alcohol to several people who were under age 21.

Jacob Michael Risewick, 20, of West Bergen Road, Le Roy, is charged with unlawful possession of alcohol by a person under age 21. Risewick was allegedly in possession of alcohol while at an underage drinking party on Clipnock Road.

Amanda Ashley Stranc, 22, of Alleghany Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable or prudent and moving from lane unsafely. Stranc reportedly observed a motor vehicle accident while driving on Attica Road, Darien, at 1:30 a.m. Saturday, and lost control of her car, becoming involved in a secondary motor-vehicle accident, while attempting to stop and assist the other motorist. The accident was investigated by Deputy Patrick Reeves.

A 17-year-old resident of Lake Street, Le Roy, is charged with unlawful dealing with a child, 1st, and criminal trespass, 2nd. The youth allegedly hosted an underage drinking party at 8341 Harris Road, Le Roy.

Elijah Absalon Seelay, 18, of Old Meadow Road, Rochester, is charged with unlawful possession of marijuana. Seelay is accused of possessing marijuana while at an underage drinking party at 8341 Harris Road, Le Roy.

Mitchell Robert Mulford, 20, of Attridge Road, Churchville, is charged with unlawful possession of marijuana and unlawful possession of alcohol. Mulford was arrested at an alleged underage drinking party at 8341 Harris Road, Le Roy.

Miguel Angel Dejesus, 66, of Perry Road, Pavilion, is accused of violating a release under supervision contract. Dejesus was jailed on $2,000 bail or $5,000 bond.

Danny Jay Torok, 26, of Dodgeson Road, Alexander, is accused of a violation of a Family Court act. Torok is accused of failure to appear for a scheduled Family Court appearance.

Philip Robert Perry, 27, of Ellsworth Avenue, Batavia, is charged with failure to pay fine imposed by court. Perry is also charged with promoting prison contraband, 1st, and criminal possession of a controlled substance, 7th. Perry was allegedly found in possession of a controlled substance while being processed into the Genesee County Jail.

A nearly 24-hour search by State Police for a missing 26-year-old man from Darien ended tragically this afternoon when his body was found in a wooded area west of Route 77.

Ryan C. Bergman left his residence on Fargo Road around 3:50 p.m. yesterday in clothing inappropriate for the freezing weather.

SP Batavia responded and led a search that included local volunteer firefighters, deputies and the K-9 unit from the Genesee County Sheriff's Office.

The search was called off around 9 p.m. last night and started again this morning.

Today's weather conditions permitted use of the State Police helicopter to assist in the search.

At one point during the search, there was a report by a neighbor of a man running through the woods east of Fargo Road, but it was never confirmed as a possible sighting of Bergman.

Early in the afternoon, volunteer firefighters were again assembled for a search party.

Bergman's body was located at 2:30 p.m. and pronounced dead by Coroner Kristine Flanagan.

There is no foul play suspected, according to the State Police.

Assisting in the search were volunteers firefighters from Darien, Alexander, Alabama and Alden.

The cause of death has not been determined.

Previously: State Police conducting missing person search in Darien

A State Police helicopter is involved in a missing person search off Fargo Road, Darien.

The person was reported missing yesterday. For a time yesterday, the Darien Volunteer Fire Company was involved in the search. At this point, only the State Police are involved in the search. There are multiple patrols in the area and officers on foot involved in the search.

The only description provided is a male subject.

A neighboring resident reported a little while ago seeing person running in the woods, seemingly trying to evade officers.

It's possible there may be no more information forthcoming on this case.

UPDATE 12:19 p.m. (by Billie): All available manpower from Darien Fire Department is asked to assemble in its hall at 1 p.m. to search for the missing man. In addition, a crew from Alexander fire is asked to assemble at the Darien hall to aid in the search. Alexander will also bring its Gator. All are told to dress warmly, of course.

Chief Dale Breitwieser, right, briefing volunteers on the search.

Alexander firefighters in the department's Gator.

According to Darien Fire Chief Dale Breitwieser, an earlier post about a reported snowmobile accident in Darien was part of a drill involving the Darien and Corfu fire departments. 

The drill started a little before 7 p.m. and just finished up about 8:30 p.m.

Route 77 at Route 20 is closed because a power outage caused by an accident has disabled the stop lights.

No one is injured, but there's no power in that area.

The vehicle apparently slid off the road and hit a meter box. National Grid has been notified.

UPDATE 3:54 p.m.: Darien fire says the meter box has power, but will have to be turned off so the DOT can fix the stop lights.

UPDATE 4:30 p.m.: Darien fire is back in service and law enforcement is at the intersection.

UPDATE 7:09 p.m.: Law enforcement on scene says the DOT may not be able to complete all the repairs to get the signal lights working again. They are requesting portable stop signs for the night.

Press release:

Congressman Chris Collins (NY-27) helped present Judge Gary Graber of Darien Center with the Century Council’s Kevin E. Quinlan Award for Excellence in Traffic Safety. The Century Council recognized Judge Graber for being a longtime advocate for improving and strengthening underage drinking and drunk driving laws in New York State. Graber was honored today along with nine others award recipients at a ceremony in Washington, D.C.

(submitted photo)

These are the latest indictments issued by the Genesee County Grand Jury.

Patrick E. Sewar is indicted for first-degree sexual abuse, a Class D felony, for allegedly subjecting another person under the age of 11 to sexual contact on June 24 in the Town of Darien.

Saul D. Standsblack is indicted for second-degree burglary, a Class C violent felony, for allegedly knowingly entering or remaining unlawfully in a dwelling on Bloomingdale Road in the Town of Alabama on Oct. 13 with the intent to commit a crime.

Michael B. Kropp is indicted for driving while intoxicated, a Class D felony, for allegedly operating a 1995 Ford on June 17 on Freeman Road and Ivison Road, Town of Byron, while intoxicated. In count two, he is further accused of aggravated driving while intoxicated, also a Class D felony, for allegedly having a BAC of .18 or more at the time. In count three, he is indicted for aggravated unlicensed operation in the first degree, a Class E felony, for operating a motor vehicle at the time of the incident while knowing or having reason to know that his driving license was suspended, revoked or otherwise withdrawn, and the defendant was driving while allegedly under the influence of drugs or alcohol.

A motor-vehicle accident with is reported at Herkimer and Warner roads. Extrication is needed. Darien fire and rescue responding.

UPDATE 5:28 a.m.: Mercy medics are called to the scene.

UPDATE 5:32 a.m.: The victim has been "cut away" from entrapment but will remain in the vehicle until medics arrive.

UPDATE 5:36 a.m.: The chief tells medics, who are about 10 minutes away, that the victim's primary complaint is lower right leg pain. No cuts, abrasions or loss of consciousness. He is to stay in the vehicle "due to the weather."

UPDATE 5:40 a.m.: Command says to dispatch "Start me a tow for a full-size Chevy Suburban, thoroughly totaled and wedged between two trees about 30 feet off the road."

UPDATE 5:54 a.m.: The patient is now on a stretcher, being readied for hospital transport.

UPDATE 6:10 a.m.: Mercy medics are taking the patient to Erie County Medical Center.

Route 20 in Darien is closed for an accident involving a tractor-trailer that hit at least one utility pole. 

A second truck apparently became entangled in low-hanging power lines following the initial accident. 

The driver of that truck has been instructed to stay in his cab pending arrival of National Grid. 

Two utility poles are down.

The first truck may be transporting some sort of radioactive material, perhaps used in X-rays. 

Darien Fire Department is on scene. 

Alexander fire has Route 20 shutdown at Route 98. 

UPDATE 12:39 a.m. : A chief informs dispatch, "we have power lines down on both sides of the road and a truck in the middle of the road that is energized. We're really not going to be able to do anything until National Grid gets here. No ETA for National Grid. 

UPDATE 5:41 a.m.: Route 20 is being reopened.

Robert Daniel Nowakowski, 38, of Bonnie Brae Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Nowakowski was arrested following an investigation into a traffic accident on Route 20, Darien, at 6:39 p.m., Thursday. Nowakowski stated he swerved to avoid a deer and reportedly overcompensated. His car struck a National Grid utility pole, shearing the pole near ground level. The accident was investigated by Deputy Patrick Reeves. (Initial Report)

Richard Matthew Godlove, 35, of Main Street, Oakfield, is charged with DWI, driving with a BAC of .08 or higher, failure to obey traffic control device, moving from lane unsafely and failure to notify DMV of address change. Godlove was involved in a motor vehicle accident at 7:03 a.m., Sept. 14 on Route 237, Byron. Godlove reportedly drove his vehicle on a closed portion of Route 237 and struck a concrete barrier. Godlove was arrested following completion of a toxicology test.

Ellen Marie Martinez, 26, of Main Street, Batavia, is charged with falsifying business records, 1st, and grand larceny, 3rd. Martinez is accused of falsifying Section 8 records while receiving benefits through Pathstone, resulting in $10,054 in wrongfuly obtained benefits.

A car rammed into a power pole at 2510 Broadway Road (Route 20), west of Darien Alexander Townline Road. Live wires are down, a transformer is also down and leaking fluid. "The road is smoldering from arcing wires." Darien fire is responding and Mercy medics.

UPDATE 6:48 p.m.: Alexander Fire Police are called to stop all westbound traffic on Route 20 at Route 98. National Grid has been notified; no ETA given. A responder says a live line is down across the car. The driver is out and denies any injuries.

UPDATE 7:05 p.m.: Attica Fire Police are responding to shut down eastbound traffic on Route 20 at Route 238.

UPDATE 7:54 p.m.: The power for the lines has been shut off.

UPDATE 8:07 p.m.: Route 20 is reopened. Darien, Attica and Alexander are back in service.

Some time prior to 2010, a family in Darien decided to build a new house on land outside of the county's defined development area.

Since then, they've had to pay a water district tax of about $400 a year even though they've twice been denied an application to hook up to the water system.

Yesterday at the Public Service Committee meeting, David Hagelberger, Town of Darien supervisor, appealed to the Legislature on the resident's behalf to allow a water hook-up for the home.

Rather than take action immediately, the committee asked County Planning Director Felipe Oltramari to find the minutes for the meetings where first the county's water committee and then the county's planning board denied the water hook-up applications.

In 2001, when the county's current water system was being developed, the state required the county to develop a plan to protect farmland, ensure development took place in already developed areas and encourage revitalization of existing industrial areas, business districts and residential neighborhoods in the City of Batavia and developed village areas.

So the county adopted a "Smart Growth Plan" that defines development areas and establishes procedures for revising the plan.

The subject of the house in Darien came up now, again, because the county is wrapping up an every-three-year review of the plan and revising it to allow for development of the WNY STAMP project in Alabama.

Part of Hagelberger's argument on behalf of his local resident is that if the county can revise the plan for STAMP, why not revise it for this family as well?

After the meeting, Oltramari explained a little further why the Smart Growth Plan exists.

It's very easy for new development to follow infrastructure. By putting in the water system, without a plan, the county could lose a lot of farmland along the paths of water mains.

The concern has never really been about big developments, but about farmland disappearing in a piecemeal fashion -- a house here, a new business there, a little strip shopping mall on this or that lot. The goal of the Smart Growth Plan is to try and prevent that sort of development.

Since it was adopted, there have been 40 applications for development outside of a designated development area, Oltramari said, and all but three have been approved.

"For the most part, people understand -- keep out of farm fields," Oltramari said. "Keep it in the woods or where there's already a lot of housing, but not in the middle of a field, not in good productive farmland."

Oltramari noted that farming and residential development sometimes don't mix well.

"Farmers will tell you when you have a neighbor who doesn't really like your operations, they can make your life a nightmare," Oltramari said.

The county has no idea how the homeowners are getting water now. The is no known well on the property.

One reason the homeowners still must pay the tax for the water district is that particular district isn't bill on a per-hook-up basis, but rather is taxed based on land assessment for each parcel.

Land that is in an agricultural district is exempt from the tax, but for some reason that isn't clear, the house in Darien is outside the nearest ag district. Oltramari said it will take more research to figure out what happened in that particular case.

"Somebody can make the point that they do benefit from the water district because there is a fire hydrant available," Oltramari said. "Somebody could make that case."

DOWNLOAD: Smart Growth Plan (pdf)

A Niagara County police officer who was involved in an altercation at Darien Lake in 2012 admitted in county court today that her reckless conduct while intoxicated caused injuries to another concert goer.

Kelly L. Alcorn, 48, entered a guilty plea to third-degree assault, a Class A misdemeanor, with no condition on sentencing.

The Grand Island resident was originally arrested Aug. 25 and charged with harassment, 2nd, but after the victim in the case went to the media claiming serious injuries and drawing attention to Alcorn's law enforcement status, the District Attorney's Office took a closer look at the case.

In February, Alcorn was indicted on a single count of assault, 2nd.

As part of her plea today, Judge Robert C. Noonan asked Alcorn a series of questions, starting with whether she was at the concert and whether she was intoxicated, which Alcorn admitted.

When Noonan asked Alcorn if her body came into contact with the body of the victim, causing her to hit a cinder block wall, Alcorn conferred with her attorney.

Alcorn admitted to wrestling with the victim on the floor and hitting her and that those swings recklessly caused injury to the victim.

Section 120(7) of the NYS penal code defines one type of third-degree assault as recklessly causing injury to another person.

At time of sentencing, Alcorn will be seeking a relief from civil disabilities, which is a form Noonan can sign that would enable Alcorn to continue her law enforcement career, or take other government employment, or seek employment in certain state-licensed fields.

Sentencing is scheduled for 1:30 p.m., Jan. 9.

To the untrained eye, the 11 objects found in Darien last week look just like a handful of rocks, but archeologists have determined they are prehistoric artifacts. They're also a wrinkle in the county's plan to build a 21st Century emergency communications system.

The artifacts were found at the site of a planned communications tower near the Darien Fire Hall.

The county's contractor hired an Atlanta-based archeological firm to do a test dig on the site, which uncovered the artifacts.

The artifacts have not been dated nor their origin determined. They're just obviously very, very old.

Contrary to rumor, Undersheriff William Sheron said, the site is not an "Indian burial ground."

A report has been sent to the state's Office of Archeology and the county expects to receive instructions on what to do next.

Sheron noted that when Tops built a new distribution center off Genesee Street, an Indian burial ground was found and the project was delayed six months so the remains and artifacts could be properly secured.

In other words, Sheron said, the artifacts found in Darien do not necessarily mean the site can't be used for a communications tower.

The county is building three new towers as part of the $10.8 million communications upgrade project. While the county must complete phase one of the project -- under a federal mandate -- by February, the towers are all planned for phase two of the project, which isn't scheduled for completion until next summer. 

While the Sheriff's Office would like to stay on schedule, Sheron said officials recognize the find in Darien could delay construction of that tower.

"We hope it doesn't get delayed, but if there are issues that need to be addressed, we'll address them and meet whatever requirements we need to meet," Sheron said. "If it becomes cost prohibitive, we'll look for another site."

Previously:

• Sheriff's Office receives $5.4 million grant for radio system upgrade
• Grants and bond will pay for $10.8 million upgrade to emergency communications system
• It turns out, nobody currently makes scanners for the county's new emergency radio system

On a beautiful day, my day was lining up beautifully for me to have time in the late afternoon to go around looking for pictures to make.

Then we had the traffic snafu on Oak Street, so I got out and about some 45 minutes later than would be ideal.

All I came up with was this shot on Chick Road, Darien, which apparently, I've never been down before because I'd never before seen this car planted around a tree.

A two-vehicle accident is reported at 9970 Fargo Road in Darien. It is blocking traffic. One person is complaining of neck pain. A Sheriff's deputy is on scene. Mercy medics are responding. The location is between Bell and Reynolds roads.