Darien

A wood shop fire has been reported at 9877 Simonds Road, Darien.

Darien Fire with mutual aid from Alexander and Corfu dispatched to the scene.

UPDATE 8:04 a.m.: Darien chief on scene reports, "working fire."

UPDATE 8:17 a.m.: Attica requested to fill in at Alexander Fire Hall.

View Larger Map

UPDATED 11:15 a.m.

The body of 73-year-old Kimberly Drew was found in Murder Creek this morning, about 400 yards from where his ATV overturned Friday afternoon.

Drew was reportedly out on his property gathering maple sap for his syrup business when he apparently tried to cross the swollen creek, according to Chief Deputy Gordon Dibble.

Dibble said it was a portion of the creek he frequently crosses, but this time the waters were much higher than usual. It's unclear what happened at that point.

Drew, who lived on Broadway Road, is a former town supervisor, serving from 2000 through 2003.

"He was a very nice man, a good guy," said current Supervisor David Hagelberger. "The town would like to express our condolences to his family and friends."

According to Dibble, Drew left his house about 1 p.m.  He was scene by somebody about 2 p.m.  Concerned family members reported him missing at 5:20 p.m.  His ATV was found on a portion of Murder Creek near on the south side of Route 20 in the Harper Road area of Darien. The creek passes under Route 20 just west of Harper Road.

More than 50 volunteer firefighters participated in the search, which began about 6:30 on Friday, was suspended overnight and resumed at 7:30 this morning.

Drew's body was found at 8:40 a.m. on the side of the creek. Dibble said the water receded overnight making the search easier.

In all, seven fire companies participated, including Darien, Corfu, East Pembroke, Alexander, Alden, Crittenden, Attica and Bennington. Genesee County Emergency Services and Sheriff's Office also participated in the search. During Friday's search, Mercy Flight was in the air for about 30 minutes before winds forced the helicopter back to base. Water rescue teams from East Pembroke and Alden helped in the search.

"It was a team effort," said Darien Chief Dale Breitwieser.

The cause of death has not yet been determined. Dibble said it's not known at this time if Drew sustained injuries in the accident or if there was another medical issue that precipitated the accident.

The search for a man reported missing in Darien has been scaled back for the night and will resume at 8:30 a.m.

The 73-year-old man was reported missing late Friday afternoon. His ATV was found in a creek behind My Saloon of Route 20 near Harper Road.

Water rescue teams from Alden and East Pembroke fire departments participated in the search and will return in the morning.

Darien fire along with Alexander and Corfu fire departments are participating in the search.

Overnight, a smaller search team will remain in the area, periodically checking the creek, according to Tim Yeager, emergency management coordinator.

The Office of Emergency Services along with State Police and the Sheriff's Office are also taking part in the operation.

(Initial Report)

View Larger Map

Firefighters are responding to an area near the juncture of routes 20 and 238 for a missing 73-year-old man. He has gone unaccounted for for five hours.

All Darien fire crews and medical personnel are called to the scene. Alexander fire is standing by in its quarters. Alexander, East Pembroke and Alden are also participating in the operations, along with Mercy EMS.

The area is near a creek and the East Pembroke Water Rescue Team is deployed. Fire police are rerouting traffic. A helicopter is also deployed. The man's cell phone was called but it's not on, or not working, and therefore not trackable. They are going to contact the phone company to determine the last known location of phone service.

UPDATE 7:33 p.m.: A responder on scene says "They are sending a generator and lights to the area of the ATV." Also, several ATV riders are searching the area, too.

UPDATE 8:15 p.m.: Bethany requested to fill in at Alexander's hall.

Kenyada R. Peterkin, 29, of Saxton Street, Rochester, is charged with criminal possession of a controlled substance, 7th, aggravated unlicensed operation, unlicensed operation and unlawful possession of marijuana. Peterkin was arrested following a traffic stop by members of the Local Drug Enforcement Task Force. He was allegedly found in possession of crack cocaine and marijuana. Peterkin was jailed on $1,500 bail.

A 17-year-old from Asbury Road, Pavilion, is charged with criminal contempt, 2nd, and harassment, 2nd. The youth allegedly violated a court order by hitting another person during an argument.

Matthew Joseph Dahl, 19, Tinkham Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in a no-passing zone and inadequate headlights. Dahl was stopped at 2:06 a.m., Saturday, on Tinkham Road, Darien, by Deputy Jason Saile.

Stephen Daniel Golembiewski, 32, of Main Road, East Pembroke, is charged with DWI, driving with a BAC of .08 or greater, driving left of center pavement markings and obstructed rear plate. Golembiewski was stopped at 1:13 a.m., Sunday, on Indian Falls Road, Pembroke, by Deputy Patrick Reeves.

Jenna Alexandra Kavanagh, 18, of Guaymar Circle, Rochester, is charged with unlawful possession of marijuana. Kavanagh was allegedly found in possession of marijuana during a traffic stop on Thursday by Deputy James Diehl.

Brandy Rose Douglas, 31, of South Main Street, Elba, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and driving left of pavement markings in a no-passing zone. Douglas was stopped at 12:17 a.m., Friday, on Chapel Road, Byron, by Deputy Jason Saile.

Linda Tyczka never expected Minty Wellness to receive the kind of praise it has from meat eaters in Genesee County and beyond.

Among locals, "they're probably our biggest client base," Tyczka said.

Why wouldn't meat eaters embrace the gourmet restaurant inside the upscale hotel and spa in Darien Center?

Well, there's no meat served at Minty Wellness. It's an entirely vegan and raw food establishment.

Since opening last May, more and more local residents have been discovering Minty Wellness and telling their friends about the food.

"There are so many local people coming," Tyczka said. "We have a group reservation from a local bank. None of them are vegan. They just heard it’s a nice place and the food is good. We’ve taken the vegan menu past granola and beans. We try to do a little gourmet and it’s working well.”

The story of Minty Wellness begins more than three years ago at a raw food seminar in Maine. There, Tyczka met Mary Minihane, who makes her home in Ireland. The two women struck up a friendship and Mary suggested opening a vegan and raw food resort.

Her initial idea was to open it in Costa Rica, but after the women travelled there they couldn't find a suitable location, so Minihane started looking in California and Arizona.  Then she sent Tyczka information on property in the Poconos.

At that point, Tyczka said, "Hey, what about my place."

Tyczka and her husband David own 100 wooded acres in Darien. Minihane researched the market, liked its proximity to Buffalo, Rochester and Toronto, and agreed to back the construction of the facility.

The entire hotel, spa and restaurant are brand-new from the ground up. The eight hotel rooms are each unique, though the entire decor of the hotel is sleek contemporary with a touch of retro modern. The spare, uncluttered environment inside is immediately relaxing, which Tyczka said was the goal all along.

"I'm all about environment," Tyczka said. "It doesn't matter where I go, I want to be in a nice environment. We didn't just want to have a vegan hotel and just plain rooms. We wanted that experience to carry up into the rooms so people would be like, 'I can't wait to get to my room.'"

Some of what the spa offers includes Swedish massage, hot stone massage, soothing soak, Vichy massage and colon hydrotherapy. Laura Koepp is also on staff to offer Naturopathic therapy.

For those looking for an overnight or longer retreat, besides relaxing in the hotel, there are four golf courses within 15 minutes, plus nearby Darien Lake, as well as the wood areas for hikes or snowshoeing.

Overnight stays include a vegan breakfast.

As for the lunch and dinner menu, it features such delectable-sounding dishes Cajun Mayo Avocado, Linguini Alfredo, Tomato Dill Nori Roll and a vegan taco dubbed the "best taco ever."

"It's awesome to be acknowledged by the locals," Tyczka said. "It's one thing to pull people from Rochester, Buffalo and Toronto, but to be recognized by local people is just a really gratifying thing."

Paul Douglas Marquardt, 38, of Chick Road, Darien, charged with 39 counts of criminal contempt, 2nd. Marquardt is accused of having contact with a person he was barred by court order from contacting. He was jailed on $10,000 bail.

Michael Jason Sullivan, 39, of Hosmer Road, Churchville, is charged with petit larceny. Sullivan was stopped by Gates Police, who discovered there was an active warrant for Sullivan's arrest in Genesee County. Sullivan is accused of stealing scrap metal from Demo's, Clinton Street Road, Bergen.

Matthew Roy Ace, 24, of Vine Street, Batavia, is charged with aggravated unlicensed operation, 3rd. Ace was taken into custody by Batavia Police on a bench warrant and turned over to the Sheriff's Office. Ace was jailed on $100 bail.

A chimney fire has been reported at 2225 Bennett Road, Alexander.

The location is just east of Simmons Road.

Darien Fire, all equipment, with one tanker from Alexander and one from Corfu, requested to the scene.

Mercy EMS also dispatched.

UPDATE 4:34 p.m.: Chief on scene says, "no smoke showing."

UPDATE 4:37 p.m.: Fire appears out. A thermal camera is requested.
View Larger Map

Ronald J. Wendt, convicted last year in the drinking-and-driving death of an 18-year-old Dansville girl, appeared in County Court today to have his sentence on two of his charges corrected.

On two charges of assault, 2nd, Wendt was given two-and-a-half to seven years as an "indeterminant" sentence, meaning he could serve any portion of that range and be eligible for parole. 

Since his initial sentence, however, authorities realized that on charges of assault, 2nd, a defendant cannot receive an indeterminate sentence.

Today, Judge Robert C. Noonan sentenced Wendt to a two-and-a-half years determinant sentence on those charges.

The change doesn't effect Wendt's sentence on other charges and since the sentencing on all 11 counts were concurrent, Wendt could still be eligible for parole in little more than a year (he served more than a year in jail while awaiting trial prior to his conviction).

For previous sentencing coverage, click here.

Also in court this morning, Patricia Hardesty, accused of shooting her husband in the knee during a domestic dispute in August, entered not guilty pleas to three felony charges, including assault, 1st, and assault, 2nd. Hardesty is out of jail and under the supervision of Genesee Justice. Her husband requested that no order of protection be placed in the case, so none was issued. The couple continues to reside together in their County Line Road home.

Rebecca A. Chatley, 19, of 61 Mill St., Le Roy, is charged with grand larceny, 4th. Chatley is accused of going through the purses of fellow employees at a business in the Village of Le Roy. When confronted, Chatley was allegedly found in possession of another employee's debit card. Chatley was released on an unspecified amount of bail.

Melissa Ann Peterson, 25, of Jackson Street, Batavia, is charged with petit larceny. A complainant reported on Dec. 22 that Peterson failed to return a set of keys. Peterson reportedly denied repeatedly having the keys, stating adamantly, according to a Sheriff's Office release, that she returned the keys.  Peterson then later turned the keys over to the Sheriff's Office.

Summer Ogden, 34, of Ellicott Street, Batavia, who has a previous conviction for criminal possession of a weapon, 3rd, is charged with resisting arrest, attempted criminal mischief, 4th, and criminal tampering, 3rd. Ogden was reportedly being held in Wyoming County Jail for an unrelated incident. A warrant was issued for her out of Town of Batavia Court on the listed charges. (Previous Reports)

Assante Darrell Huggins, 18, of Brunswick Boulevard, Buffalo, is charged with petit larceny. Huggins was arrested on a Darien Town Court warrant following his release from the Erie County Holding Center on an unrelated charge. Huggins was jailed on $500 bail.

Kipa Luii Limonti, 39, of Roebling Avenue, Buffalo, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and no vehicle inspection. Limonti's vehicle was stopped by a State Trooper for alleged traffic violations at 12:40 p.m., Jan. 3, on Park Road, Batavia. The vehicle allegedly had a 2009 inspection sticker and a bald front right tire. Deputy Brian Thompson provided backup for the trooper and his K-9 "Pharaoh" allegedly alerted on the vehicle and Limonti was allegedly found in possession a small amount of marijuana.

Phylicia L. M. Carey, 18, of North Street, Le Roy, is charged with DWI, and driving with a BAC of .18 or greater. Carey was reportedly involved in a two-car accident on Church Street. Carey's car reportedly hit a parked car and then a utility pole. Carey was arrested by Le Roy Police.

Dennis Kaijage Stambuli, 18, of Sutton Park Road, Poughkeepsie, is charged with unlawful possession of marijuana. Stambuli was allegedly found in possession of marijuana by Deputy Kevin McCarthy, who responded to a complaint of a loud party in the Village of Oakfield at 9 p.m., Jan. 14. A 17-year-old was arrested and charged with unlawful possession of marijuana at the same time.

Angela Maria Draper, 34, of Transit Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Draper was allegedly involved in a one-car accident at 2:47 a.m., Saturday, on Route 63. Her car reportedly went into a ditch and struck a mailbox. The accident was investigated by Deputy Howard Carlson.

Scott E. Clark, 49, of 172 1/2 South Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and speed not reasonable. Clark was reportedly involved in an accident at 10:30 p.m., Friday, on Ellicott Avenue near Washington Avenue, Batavia. Clark's car reportedly slid into a curb and rode up the guide wire of a utility pole, coming to rest on its side. Clark was not injured in the accident. (Initial Report)

A Darien resident who wants to open a small business for auto repairs and sell a few cars at 606 Broadway got a little push back from the Genesee County Planning Board.

On Thursday, the board disapproved the proposed business because it apparently does not have a complete site plan according to code.

However, a representative of owner Mark Bernen said the site plan was completed exactly according to instructions from the Town of Darien Planning Board.

"We went back and forth and back and forth with the Town of Darien Planning Board," said Joyce Stevens. "He did everything on plans exactly like they said."

Planning Director Jim Duval said that the county's vote is advisory and the town board has the capacity to override the vote.

In another matter, Andrew Schmieder received approval to construct a new small house at 3438 Railroad Ave., Alexander.

Schmieder purchased the property at the county auction with the intent to restore the existing home, but it was too badly damaged by flooding and had to be torn down.

He said his mother will live in the new house.

Darian Fire is being dispatched to 1431 Broadway Road to assist with an animal that is stuck between either railings or spindles (dispatch used both words).

There is no description of the type of animal that is stuck.

The situation might be inside an apartment.

UPDATE Noon: A fire chief apparently knocked on a door and got no response. Dispatch recontacted the original caller. The address is now corrected to 1341 Broadway, Apt. #4.

UPDATE 12:08 p.m.: Fire is asked to drive around to the rear of the building, to the pool area.

UPDATE 12:13 p.m.: There is no 1341 Broadway. Firefighters told, "it's the building next to the old BG's restaurant."

UPDATE 12:17 p.m.: "The dog is free." Darien Fire is back in service.

View Larger Map

This video of yesterday's fire in Darien was posted on YouTube by a retired firefighter who runs Erie County's Firewire web site.

A driver whose car hit a tanker truck as it pulled up to a fire hydrant to refill while crews battled a fully involved house fire on Broadway in Darien was charged following the accident with unlawful possession of marijuana.

Wallace Eugene Urf, 33, of Pavilion Center Road, Pavilion, was allegedly found in possession of marijuana by Deputy Lonnie Nati who investigated the accident.

Urf was reportedly uninjured in the accident, which occurred at 2:31 p.m. Urf's car hit Attica Engine 7 while the tanker was refilling to help fight a fire at 1081 Broadway Road.

After the accident, a firefighter was heard on the scanner to say Urf's car "blew through the intersection at Harlow Road" and struck the rear of the truck.

The Sheriff's Office press release listed no other charges.

Route 20 from Harlow Road to Route 77 is now open. For several hours, that portion of the roadway was closed to fight a house fire on Route 20 near Warner Road. Darien Fire Department is clearing the scene. All units are back in service.

The last hots spots are being extinguished and fire crews are just being put back in service following a house fire at 1081 Broadway, Darien, that was reported at about 1:35 p.m.

The homeowner, a single occupant, Diane Allison, was not hurt in the fire, though her home was destroyed.

There's no word yet on how the fire started, but the point of origin appears to be somewhere at the rear of the house.

Eight fire departments from Genesee and Erie counties responded, along with Mercy EMS, the Sheriff's Office, State Police and Genesee Emergency Services.

A driver who reportedly drove his car into a parked fire tanker was not injured in the accident.

Allison had cats in the house, but no word yet on their fate.

Route 20 should reopen within 30 minutes.

More pictures after the jump:

There is a house on fire at 1081 Broadway Road, across from Warner Road, in Darien, according to a call to dispatch.

Alexander fire, along with Darien and Corfu are en route. It has gone to a second alarm.

A City of Batavia Fast Team is also called along with Mercy EMS. Bennington and Attica fire are also called.

UPDATE 1:50 p.m.: Traffic is being shut down at Route 20 and Harlow Road and at routes 20 and 77.

UPDATE 1:58 p.m.: National Grid is called. Corfu advised to muster all available manpower.

UPDATE 2:22 p.m.: The American Red Cross is called in to provide aid to one individual.

UPDATE 2:35 p.m.: "A car blew through the intersection at Harlow Road (which is closed to traffic at Route 20) and right into the back of him," says a firefighter. A car rear-ended a water tanker truck, creating more havoc and one less tanker at the fire. Mercy EMS at the fire scene are handling the incident. No word on injuries.

UPDATE 4:27 p.m. (by Howard): Emergency Management Coordinator Tim Yaeger just notified dispatch that Route 20 will be closed for at least another two hours. Right after, a truck got through the road block due to a "miscommunication" and a trooper is helping it make a three-point turn. 

Also, the homeowner, Diane Allison is upset, displaced, but physically OK. Allison was worried about her cats and fire crews have started looking for them.

Eight fire companies responded to the scene. 

I'll have pictures later.

Driving back to Batavia on Richley Road this morning, conditions seemed good to get a picture of this barn.

Also, I liked the stand of trees below. Anybody know what kind of trees they are?

Kris Clark and his father-in-law Andy Job have a simple request of people coming past their home in Darien: "Please don't shoot our deer."

Job has been raising deer on his Richley Road property for 15 years, and on at least two occasions, his deer have been shot and killed by passersby.

On Saturday, somebody in a sedan with a loud muffler pulled up to the fence line and fired a shot.

No deer were hit, but Clark, who lives at the house with his wife and two young children, was sitting with his family in the Florida room, which offers little protection from a ricocheting bullet.

"I don't want our deer shot, but that's not my biggest concern," Clark said. "The deer fenced area is close to the road and my house is also within close range. With that in mind, my children were home and I am lucky that no one was hurt or killed."

Job started keeping deer 15 years ago, buying two pregnant does. He now has 10, but he's kept as many as 18.

Several years ago, somebody shot eight deer on his property and just left them dead behind the fence. Then two years ago, somebody fired a .22 caliber bullet at his 10-point buck.

The buck was wounded, but wouldn't let Job get near it so he could care for its wound. The buck died two weeks later of an infection.

Big bucks, Job said, are worthy anywhere from $15,000 to $30,000. At the time, he had recently turned down an offer of $12,000 for the buck.

He didn't sell only because of DEC regulations that would have made a sale difficult and expensive.

But the deer are more than livestock to Job. They're also his pets. Clark said his father-in-law was upset when his buck died for reasons that had nothing to do with money.

When something like Saturday's gun shot happen, Clark said, the deer are spooked for days afterwards, making them less social and a little harder to get out of the back wooded area of the wooded area at feeding time.

The Sheriff's Office took a report on the shooting incident Saturday, but there isn't much to go on. It was dark and neither Clark nor a neighbor who also heard the shot got a good look at the car.

Still, Clark said, he's hoping somebody might know something and the Sheriff's Office can make an arrest in the case. Tips can be called into 345-3000.

Job said he welcomes people driving down Richley Road and stopping to look at his deer when they're near the front fence line. As long as they're just looking, Job said, that's fine.

Along with the deer, Job keeps geese, turkeys, an emu and chickens. More pictures from his place after the jump.