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Dog locked inside SUV in Walmart parking lot

By Billie Owens

An unoccupied SUV in the grocery pickup section of the Walmart parking lot reportedly has a dog locked inside. The caller waited by the vehicle 15 minutes to see if the owner would return before calling dispatch. An animal control officer and a deputy are en route.

UPDATE 11:44 p.m.: The deputy is on site and speaking with the dog owner. The deputy advises the animal control officer can disregard the dispatch.

Deputies seek info on cow shot dead in Darien

By Howard B. Owens

The Sheriff's Office reports that a cow was intentionally shot and killed in the area of Bennett Road and Simonds Road in the Town of Darien sometime after sunset Saturday and sunrise Sunday.

Anyone with information that may assist in the investigation is asked to call Deputy Kevin McCarthy at 585-343-5000.

Gas prices nationally continue slide while Batavia's prices reportedly gain a penny

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.65, down 6 cents from last week. One year ago, the price was $2.86. The New York State average is $2.84 – down 2 cents from last week. A year ago, the NYS average was $3.01. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.83 (up a penny since last week)
  • Buffalo -- $2.80 (down a penny since last week)
  • Ithaca -- $2.77 (down 2 cents since last week)
  • Rochester -- $2.79 (down 2 cents since last week)
  • Rome -- $2.83 (down a penny since last week)
  • Syracuse -- $2.72 (down 4 cents since last week)
  • Watertown -- $2.77 (down 2 cents since last week)

In its latest weekly report, the Energy Information Administration revealed that gasoline stocks grew by an astonishing 4.4 million barrels. Total domestic stocks now sit at 235.2 million barrels.

Meanwhile, gas demand grew slightly from 9.55 million barrels per day to 9.65 million barrels per day. The increasing stock levels are contributing to pump price drops this week, even though demand remains strong.

If total domestic stocks continue to outpace demand, American motorists will likely continue to see pump prices drop this summer.

Rollover accident reported on Paul Road in Bethany

By Howard B. Owens

A one-vehicle rollover accident is reported in the area of 5589 Paul Road, Bethany. 

The driver is reportedly out of the vehicle and walking around but may have suffered a head injury.

Bethany fire and Mercy EMS dispatched.

UPDATE 11:59 a.m.: A first responder on scene reports a car is off the road in a field, overturned. Patient is conscious and alert, with minor abrasions on his head.

UPDATE 12:34 p.m.: The male driver is being transported to UMMC. He is complaining of a stabbing feeling of pain in his neck. His vehicle rolled several times. He did not lose consciousness and self-extricated from the accident.

Motorcycle reportedly hits dog in Pembroke

By Howard B. Owens

A motorcycle has reportedly hit a dog at the intersection of Main Road and Alleghany Road in Pembroke.

Minor injuries reported.

No word on the condition of the dog.

Pembroke fire, Indian Falls fire, and Mercy EMS dispatched.

State Police are on location.

Two-car accident with injuries reported at Citgo Gas Station on Park Road

By Billie Owens

A two-car accident with injuries is reported on the Citgo Gas Station property at 8204 Park Road. NYS Troopers are on scene. Mercy medics are called for reports of generalized pain. Town of Batavia Fire Department is also responding.

UPDATE 12:15 p.m.: One vehicle is blocking traffic.

UPDATE 12:16 p.m.: A first responder on scene says injuries are minor. There is a lot of debris in the roadway.

UPDATE 12:39 p.m.: The town assignment is back in service.

Nate McMurray makes it official: Will take another run at NY-27 seat

By Howard B. Owens

Press release:

Today I am officially declaring my candidacy in New York’s 27th Congressional District. In some ways, it seems like I never stopped. I continue to travel across Western New York meeting with good people; listening and learning.

But I was struggling to officially commit. I know how hard it is to run, how much time it takes away from my family, and the hateful attacks we will endure. I also considered other opportunities as a business professional and even other roles as a public servant. Certainly, there is a path of less resistance.

Instead, I am choosing the path of most resistance. This week marks the one-year anniversary of Chris Collins’ federal indictment charges for insider trading. Mr. Collins and the political machine behind him remain strong despite his many ethical and legal failures. Many party loyalists continue to view him favorably, even more than his Republican challengers. He retains this support in part due to the tactics he employs; the depths he and his hateful political forces will stoop to.

Despite the perceived insurmountable challenges in 2018, our race against Collins was one of the closest in the country (decided by less than 1 percent), achieving the largest partisan swing of any first time state/ federal candidate in the country—in a district designed for a Republican (any Republican) to win easily. This was despite our side being outspent, outnumbered, and attacked day after day by some of the most dishonest and detestable TV ads ever produced for a political race.

Why did we perform so well? Many are tired of being asked to vote blindly for their party. They are tired of nothing ever-improving, nothing ever-changing. And they are tired of the politics of hate and corruption. With your support, passion, and service to our community, we can finish what we started 2018 and finally reclaim this seat on behalf of the hardworking people of Western New York. People like you, who go to work on time every day, who help their neighbors, who never cheat their business associates, and who spread kindness and goodness throughout their lives.

The last time I ran I said that we needed to “Fight Like Hell.” And we did fight like hell. We always will. But this time I will rely more on the good hearts and values I saw in the people of my district. We will empower the kindness and goodness around us. We will, “Be Kind. Do Good.”

It sounds simple, maybe some will call it soft. But could any two words be more strong in this age of professional cruelty? Kindness and goodness in an era of violence and hate is more bold than any rally cry.

All of us fall short of these values. It is easier to match rage with rage, hate with hate. But with kindness and goodness as our standard, we can overcome this sad moment in American history — a moment where all good people regardless of party affiliation can all feel the America we love fading.

Do not let America fade. America must always be, as Ronald Reagan called it, the “City on the Hill.” A country of kindness and goodness, where capitalism does not build walls; it builds ladders allowing every American to climb from poverty to flourishing. Where we do not fear science and fact, but embrace and lead the world in research and education. Where we do not pay homage to millionaires and aristocrats but value those who provide humble, honest service to family, friends and community.

In 2020, we will go to Washington to fight for healthcare for every American (now!), infrastructure (now!), for common-sense gun control (and now!), for immigration reform to help our farmers (now!), and for technologies and policies that will confront the reality of climate change. I will also fight for a capitalist system that preserves the American Dream and provides opportunities to all, and not just hoards wealth for the most connected and elite.

“Given how close Nate came in 2018, we are thrilled to have him running for us this cycle. It’s been too long since the people of NY-27 have had a representative that cares about representing the voters rather than the party. It is the one-year anniversary of Chris Collins’ indictment and the Republicans are still stuck with him and don’t know what to do. We are delighted to have Nate running again” -- Judith Hunter (chair, Livingston County Democratic Committee)

"When Nate McMurray ran in NY-27 in 2018, he came within less than a percentage point of victory. But along with this, he did something else, something magical. He energized the rural counties. He created a movement on the ground that hasn't gone away. Nate asked them all to ‘Fight Like Hell’, they did, and will again." -- Cynthia Appleton (chair, Wyoming County Democratic Committee)

“I am so pleased to hear that Nate will be running again. He has visited Orleans County many times and is very aware of what our small county faces every day...few jobs, lack of affordable housing and high taxes. We need Nate!” -- Jeanne Crane (chair, Orleans County Democratic Committee)

“Chairwoman Brittaney Wells and the Monroe County Democratic Committee are proud to join Nate to finish the fight he began in 2018 for the 27th Congressional District. We are confident that he will be successful in his effort to unseat an absentee billionaire that has not represented the hard-working people of the 27th. Nate will restore integrity to the office and ensure his constituents are heard.” -- Brittaney Wells (chair, Monroe County Democratic Committee)

Thank you all for standing with me in the battles ahead. Together we will finish what we started; together we will bring real representation to the hard-working people of Western New York.

Photos: Theory of a Deadman at Batavia Downs

By Steve Ognibene

Canadian rock band Theory of a Deadman headlined Batavia Downs last evening in front of a jam-packed crowd to close out their 2019 summer concert series. 

The national recording artists draw a mixture of music styles of country, post-grunge and hard rock.

In 2017 the band released a new album "Wake Up Call" that features the song "Rx (Medicate)." Other top hits performed last evening were "Bad Girlfriend," "Angel" and "Hate My Life."

 

Power surge reported on Norton Road, Elba

By Howard B. Owens

A power surge is reported in the area of 6974 Norton Road, Elba.

Elba fire is on scene and Town of Batavia fire and South Byron fire requested to assist.

National Grid reports five customers in the area without power with an estimated time of 8 p.m. for power restoration.

Car driver cited in collision with farm equipment in Oakfield

By Howard B. Owens

A driver of a 2007 Ford sedan on Maltby Road at 10:30 a.m. yesterday allegedly failed to yield to a piece of heavy farm equipment, causing a portion of the car to get crushed.

No injuries were reported in the accident.

Patricia A. Seguin, 71, of Maltby Road, Oakfield, was issued a citation.

The driver of the 2019 tractor was Kevin L. Witkop, 33, of Johnny Cake Lane, Albion. 

The equipment owner is listed as Helena Agri Enterprises of Medina.

Seguin was reportedly westbound on Maltby Road when her car encountered the tractor at the intersection of Fisher Road, where she tried to make a left turn.

Witkop tried avoiding the collision by hitting his brakes and maneuvering to the north. The sedan collided with the tractor.

Deputy Kenneth Quackenbush investigated the accident and said that witness statements corroborated the accounts of both drivers.

Batavia police and county probation warn citizens of dangers of carrying fake guns

By Billie Owens

Photo and press release from the Batavia Police and Genesee County Probation departments:

The Batavia Police and Genesee County Probation departments have teamed up to warn citizens of the potential dangers associated with the possession of BB and Airsoft guns.

The concern comes from how close BB and Airsoft guns appear to actual firearms, especially if they have been modified to appear more realistic.

Airsoft guns are generally shipped with an orange tip to help distinguish them from actual firearms, but both police and probation have encountered guns which have been painted to appear real.

For those who missed this year's National Night Out on Tuesday, Genesee County Probation had both a real firearm and a BB gun on display with the posed question, “Which one is the real gun?” Citizens found that even with a close inspection, let alone a split-second decision, it was difficult to tell which one was real. 

Although Batavia has not had a lethal incident involving a citizen with a BB or Airsoft gun, other areas of the country have, which prompted the partnership and this warning.

If anyone with these items on them gets approached by an officer, they should keep their hands away from the firearm, keep their hands visible and follow the officer’s commands.

In a situation where firearms are involved, officers have a split-second decision to make, and if these BB guns and Airsoft guns are altered it can be difficult to distinguish them from a real firearm in that brief moment.

It doesn’t matter if the citizen knows they have a BB gun or a toy gun painted to look like a real firearm, because if the officer does not know and the citizen points it in the direction of an officer or another person, an officer could easily make the justified split-second decision to use deadly physical force.

Photos: Shake on the Lake performs Shakespeare at GCC

By Howard B. Owens

Shake on the Lake, a Shakespearean troupe from Perry, is wrapping up its eighth season of touring Western New York with free and low-cost performances of William Shakespeare's "As You Like It."

Typically, the performances are at outdoor venues and Thursday the company was planning to perform in Centennial Park. But yesterday's rain drove them indoors, to the Steiner Theater at Genesee Community College.

The show opened with a series of song performances to warm up the audience.

Yesterday's performance was free thanks to a donation from Tompkins Bank of Castile.

Batavia Concert Band closed 94th season Wednesday and presented three awards

By Billie Owens

Above, band Finance Director Bob Pastecki with 2019 scholarship winners Kyla Leno, left, and Katie Dessert.

Submitted photos and press release:

The Batavia Concert Band closed its 94th season on Aug. 7th, and presented some special awards.

Scholarship awards were presented to Katie Dessert and Kyla Leno. Dessert received the Batavia Concert Band Board of Directors Scholarship, and Leno received the Conductor’s Choice Scholarship.

Both Dessert and Leno are Music Education majors, have played with the Batavia Concert Band for several season, and aspire to become music teachers.

Board Member Ann Arent also presented the annual Pam Frisby Friend of the Band Award. Frisby was a former Board present and ardent supporter of the Band, and this award is given in her honor. The 2019 recipient was Charlie Gould. He is a regular presence at the Wednesday evening concerts, and often leads the crowd in singing the "Star Spangled Banner."

The Board of Directors and band officers would like to thank a dedicated and enthusiastic crowd, and season-long sponsors GO-ART! and WBTA. A full listing of gold, silver and bronze sponsors may be found at www.bataviaconcertband.net

Plans are already underway for the 2020 season!

Below, Board Member Ann Arent speaking about the annual Pam Frisby Friend of the Band Award.

Below, Charlie Gould, this year's recipient of the annual Pam Frisby Friend of the Band Award.

 

GC Health Department asks for help in locating dog owner after man bitten in the city

By Billie Owens

Press release:

On Saturday, Aug. 3, at approximately 7 a.m. a man was bitten by an unfamiliar dog that was with its assumed owner but not on a leash. The incident occurred at the corner of Brooklyn Avenue on Pearl Street in the City of Batavia.

The assumed owner of the dog is described as a slender white male in his late 20s; he also had a second dog with him on a leash.

The dog that bit the man is described as being white in color and possibly a pit bull or a similar, resembling breed or mix. It was reported that the white dog was a female and appeared to have recently given birth to puppies.

The man who was bitten did not obtain any information from the man with the dogs and has not seen him since the incident.

“The purpose in locating the owner of the dog is to make sure the dog is up-to-date on its anti-rabies vaccine,” said Sarah Balduf, Environmental Health director of Genesee and Orleans counties. “If the owner cannot be located, the individual will have to go through unnecessary treatment.”

Anyone with information on the dog and/or dog owner is asked to contact the Genesee County Health Department at 585-344-2580, ext. 5555.

People reportedly move and leave pet(s) behind on Valley View Drive, Batavia

By Billie Owens

A caller reports a pet(s) left behind when the occupants moved out of a residence on Valley View Drive in Batavia. An animal control officer is responding.

UPDATE 5:42 p.m.: A reader with knowledge of the situation writes: "The owners were located and the pets are being taken care of by family members while the owners deal with some health issues."

No serious injuries reported, including to 18-month-old, in trash-truck vs. car accident in Stafford

By Howard B. Owens

A semi-truck hauling garbage and a passenger vehicle with a driver and 18-month-old child were involved in an accident on Route 33 near Ivison Road in Stafford at about 9:30 a.m.

The driver of the passenger vehicle was taken into custody on a warrant.

The 18-month-old was reportedly uninjured and transported to UMMC for evaluation. The child was reportedly properly strapped into a child safety seat.

We've been unable to obtain information about the accident from the Sheriff's Office.

(Initial report)

GC Libertarian Party announces candidates for November election

By Billie Owens

Submitted photo and press release:

The Genesee County Libertarian Committee met on Tuesday, Aug. 6th to nominate candidates for local office.

Committee Chairman Mark Potwora announced the following Libertarian nominees, who will be on the ballot for the November election.

  • Genesee County Legislature District 8: Colin McAllister
  • Batavia City Council Ward 3: Deborah Kerr-Rosenbeck
  • Bethany Town Board: Josiah Berkemeier

McAllister is focused on providing the best possible tax rates for all residents and businesses rather than have the county Economic Development Agency continue to pick economic winners and losers.

Kerr-Rosenbeck will make it her focus to visit every resident in her ward and listen to their individual thoughts and concerns. She plans to be an independent voice for ward residents.

Berkemeier is a lifelong resident of Bethany and is passionate about helping make his community a better place to live.

The Libertarian Party of New York earned ballot access as a result of gubernatorial candidate Larry Sharpe’s performance in the November 2018 election. Since that election the Libertarian Party has seen unprecedented growth in NYS both in party enrollment and the development of more than 20 county committees.

A local meet the candidates event has been scheduled for Sept. 21 from 2-4 p.m. at T.F. Brown's restaurant in Batavia and will include an address by Sharpe. The public is invited to attend.

Town of Bergen to get nearly $9 million in USDA funds for water distribution system

By Billie Owens

The Town of Bergen is approved for nearly $9 million in funding for water infrastructure, the USDA's Rural Utilities Service Administrator Chad Rupe announced Thursday.

A loan of $5.9 million and a grant of $3,058,000 from the USDA's Water and Environmental Program will be used to install a water distribution system.

The project description says the service area has no municipal water system and Bergen residents rely on individual wells. It says this funding will bring public water service to 335 residential connections and 32 commerical properties in the town that currently lack access to safe potable water.

"We are very pleased with the award (of the funding package)," said Town of Bergen Supervisor Ernie Haywood this morning (Aug. 9), "and we thank all those involved who made it possible. We are moving forward..."

According to the description, "Regulatory agencies indicate the deficiencies in the system are a threat to the health of residents and that the completion of this project will address the code issues, alleviate health problems and provide reliable water to the residents and commercial properties. The project will also supply fire protection for all located in the district."

In areas without public water, firefighters must draw water from other sources such as ponds and creeks in order to fight a blaze.

Proponents of the federal assistance package reached out to property owners to inform them about the plan for a water district and public meetings have been held about it.

As part of the approval process, the USDA requires a percentage of affected property owners to sign petitions in favor of the infrastructure and funding package. For the last several months, the Town of Bergen has gathered signatures to create a water district where there is no public water system.

The expectation is that construction would start quickly once the funds are released and that it would take about a year to complete, said Bergen Councilman Mark Anderson.

In April 2017, President Donald J. Trump established the Interagency Task Force on Agriculture and Rural Prosperity to identify legislative, regulatory and policy changes that could promote agriculture and prosperity in rural communities.

In January 2018, Secretary George Ervin "Sonny" Perdue III presented the Task Force’s findings to President Trump.

These findings included 31 recommendations to align the federal government with state, local and tribal governments to take advantage of opportunities that exist in rural America. Increasing investments in rural infrastructure is a key recommendation of the task force.

Thursday's announcement about rural water and wastewater investments will benefit 133,000 rural Americans in 24 states. A total of $135 million will be distributed to pay for 49 U.S. projects.

USDA had $2.9 billion in loans and grants available in the Water and Environmental at the start of the 2019 fiscal year. Additional funding announcements are expected in the coming weeks.

USDA Rural Development provides loans and grants to help expand economic opportunities and create jobs in rural areas. This assistance supports: infrastructure improvements; business development; housing; community facilities such as schools, public safety and health care; and high-speed Internet access in rural areas.

For more information, visit www.rd.usda.gov.

Car and semi-truck involved in accident on Route 33 in Stafford

By Howard B. Owens

A possible serious injury accident is reported on Clinton Street Road just east of Ivison Road in Stafford involving a car and a semi-truck.

Stafford Fire and Mercy EMS dispatched.

UPDATE 9:28 a.m.: It is now reported as a minor injury accident with heavy debris in the roadway.

UPDATE(S) (By Billie) 9:45 a.m.: The accident involved a car and a truck hauling trash. The trash is strewn all over the roadway. Fire police from Byron and South Byron are there as mutual aid to provide traffic control so the debris can be removed. Route 33 at Route 237 is shut down; so it traffic at Coward Road and Route 33.

UPDATE 10:09 a.m.: An 18-month-old female, who was appropriately seated and strapped in the rear passenger side of the car, is being transported to UMMC for evaluation.

UPDATE 11:08 a.m.: A second ambulance is called to the scene.

UPDATE 11:29 a.m.: The roadways are reopened. The Stafford assignment is back in service. But the cleanup will continue off the roadway.

County planners: Solar farm proposal doesn't mesh with Town's Planned Business Development District

By Mike Pettinella

Genesee County planners tonight stood by the Town of Batavia’s directive concerning its Planned Business Development District as it recommended disapproval of a special use permit and area variance for a pair of 20-acre, 7.2 megawatt ground solar systems on Oak Orchard Road (Route 98), just north of the NYS Thruway interchange.

In its unanimous decision, the planning board determined that the request by Oak Orchard Solar 1 LLC -- an entity set up by Borrego Solar Systems LLC -- does not fit into parameters set by the Batavia Town Board on what is considered to be prime agricultural land.

According to requirements of the PBD District, the minimum development size is 100 acres.

The Oak Orchard Solar project on land owned by Eric Saile totals 40 acres, but Marc Kenward, a senior engineer with the Erdman Anthony firm of Rochester, disagreed with that number.

“We’re disappointed (with the decision) since the two systems are to be built on an 85.96-acre site (broken into two parcels of 48 and 37 acres),” Kenward, principal engineer, said. “Plus, the Town Zoning Code clearly indicates that solar energy is an allowed use in all zoning districts.”

Kenward went on to say that the solar farm project meets many of the criteria of the PDB District and will increase the tax base and land assessment, preserve federal wetlands, and accommodate continued agricultural use in the area.

County Planning Director Felipe Oltramari then explained that the Town’s Comprehensive Plan calls for this area to be held for “large-scale development … not to be broken up into smaller pieces.”

“The Town wants someone to come in with a complete package; almost like a mini-STAMP (referring to the WNY Science & Technology Advanced Manufacturing Park in the Town of Alabama),” Oltramari said. “Maybe even a place for a new (Buffalo) Bills stadium, which is pie in the sky, in my opinion.”

He said solar could be a part of a potential project there, but as an accessory use to offset expenses of a major mixed-use component.

The requirements of the PBD District as stated in the Town’s zoning regulations are as follows:

(1) Establish an area for new commercial, industrial, recreational and/or mixed use development on a large scale that will provide the Town and region with employment opportunities, additional tax base and other community benefits, while minimizing impacts on public services;

(2) Prevent piecemeal development that would compromise the availability and future marketability of a large area for significant new development;

(3) Accommodate continued agricultural use in an area that is highly suited for agriculture;

(4) Provide greater flexibility, more creative and imaginative design and utilization of innovative land development techniques while promoting more economical and efficient use of land, buildings, circulation systems and utilities;

(5) Provide for both individual building sites and common property which are planned and developed as a unit; to provide harmonious land uses which offer a high level of amenities;

(6) Permit a variety of industrial, commercial and/or recreational uses;

(7) Preserve natural and scenic qualities of the site during the development process.

Kenward said that if Oak Orchard Solar 1 LLC decides to move ahead with the project, it will have to “make our case” with the Town Zoning Board of Appeals later this month and, if successful, to the Town Planning Board in September.

In other action, the county planning board recommended:

-- Approval with modifications a site plan review for Provident Batavia LLC, doing business as SCP Distributors at 4430 W. Saile Drive, Batavia, to construct a 13,000-square-foot (180 by 60) addition.

SCP Distributors, a national swimming pool supplies company, is undergoing a $1.2 million project to complement its existing 25,000-square-foot warehouse that was built in 2006. According to submitted documents, Building Innovation Group of East Rochester has been selected as the general contractor.

Modifications center around preserving wetlands on the property and making sure there is no archaeological impact on the grounds.

Previously, the Genesee County Economic Development Center Board approved $156,312 in tax incentives, noting that the venture will produce a state/regional economic impact of more than $600,000 and will enable SCP Distributors to retain 15 full-time equivalent jobs.

-- Approval of a special use permit for a 19.8-acre, 4 megawatt ground-mounted solar system on property in an agricultural-residential district owned by Wayne Dunham at 3656 Galloway Road, Batavia. Prowind Inc. is the developer for Bright Oak Solar LLC.

-- Approval of a second group home for women at 234 Broadway Road, Darien, as requested by John Kula of Freedom Fellowship.

The home, located not far from the ministry’s current group home for women at 282 Broadway Road, was previously used as a plumbing business. It will sit on a commercial zone lot of 750 by 320 feet surrounded by a 5.4-acre parcel.

-- Approval of tandem 24-acre solar farms to be constructed by Borrego Solar Systems on property owned by Benjamin Miles at 241 Knapp Road, Pembroke.

The Knapp Road parcels, situated in an Agricultural-Residential District, will be designated as “east” and “west” and each will generate 5 megawatts of power.

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