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The Genesee County Sheriff’s Office filed charges Feb. 16 against Nicole K. Sullivan in relation to a one-car accident that occurred during the early morning hours of June 10.

Sullivan, 31, of Perry, is charged with: falsely reporting an incident in the third degree; unlicensed operator of a motor vehicle; aggravated unlicensed operation of a motor vehicle in the third degree; operation of an unregistered motor vehicle; failure to notify the Department of Motor Vehicles of change in address; no seat belt; and driving left of pavement markings.

On June 10, at approximately 2:25 a.m., an accident on Fargo Road, Stafford, was reported. When deputies arrived on the scene, they say they found a male, later identified as Zachery W. Schwartz, 20, unresponsive in the vehicle and a female, Sullivan, on the front porch at a nearby home.

At the time, Sullivan told officers that there was a third occupant, who was driving the car, and fled the scene, traveling north on Fargo Road.

Schwartz was flown via Mercy Flight 5 to Strong Memorial Hospital, Rochester, for extensive head injuries. Sullivan was taken via Mercy ambulance to Strong for head and leg injuries.

Fire personnel conducted a thorough search on foot of the surrounding areas using FLIR Technology (thermal imaging) in an attempt to locate the unknown driver involved in the crash. The New York State Police assisted by maintaining a roving perimeter of the area. Area hospitals were also notified to call the Genesee County Sheriff’s Office if they received any potential car accident patients.

Approximately three hours after the accident was reported, Sullivan admitted to police that she and Schwartz were the only occupants in the vehicle and she was the driver.

The charges stem from the allegation that Sullivan was in fact the driver of the car at the time of the collision and she gave false information concerning the details of the incident. It is further alleged that there was not an unknown driver of the car who fled the scene as originally reported by Sullivan.

Assisting at the scene of the accident included Stafford, Batavia, and Le Roy fire departments, Genesee County Emergency Management, and Mercy medics.

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About six people are said to be fighting outside the Batavia Meadows apartment complex at 4112 W. Main Street Road, near apartment B1. Law enforcement is responding.

The remains of an animal found in the basement of a former Batavia pet shop have been sent to an office of the SPCA (Society for the Prevention of Cruelty to Animals), according to Officer Eric Hill, spokesman for Batavia PD.

One of the things SPCA examiners will try to do is determine what kind of animal it was that was found in the basement of the former location of Neptune's Gardens.

An employee of I.D. Booth, the company that owns the building on Ellicott Street, with a store next door, reportedly found the remains in a box while cleaning out the basement to prepare the store space for a potential new tenant. That employee posted a picture of the dead animal to social media, saying it was a dog, and the dozens of people that reposted it (the post has since been removed) and media who reported on it, including The Batavian and the radio show Kimberly and Beck, didn't stop to question whether it really was a dog in the picture.

The skull was not in complete profile in the picture, so it's indistinct, but there is no clear sign that it had a snout or canine-like teeth. Also, from a picture, without anything of scale next to the remains, it's impossible to tell the actual size of the animal. 

Asked if it might not be a dog, Hill said, "Nothing has been ruled in or out at this time."

Reached last week, at a time when everybody believed the bones were the remains of a dog, Neptune's co-owner Kathy LaFarnara said she had no idea how bones from a dog could have wound up in the basement of their former store. Neptune's closed that location, with plans to open another one in a smaller space across the street, more than five months ago.

Hill said the case is open pending a report from SPCA and otherwise there is no new information to report.

Kelsey Torrey, Kristsen Danosos and Mark Ditzel were among the crew of Batavia Area Jaycees members who put out, and then took down, the U.S. flags along Main Street yesterday for President's Day.

The Jaycees are on a recruitment drive, backed by a group of past presidents and former members, said past president Tom Ditzel.

"I joined Jaycees in 1980 and made lifelong friends," Ditzel said.

Jaycees is a leadership training organization open to young men and women age 18 to 40. The Batavia Area Jaycees have a rich heritage and were instrumental in getting public support to create Genesee Community College and pushing the County Legislature for the Genesee County Park. They installed lights on the Upton Monument, put up flags on Main Street for all national holidays, and run countless other local projects around the county.  

For those interested in membership, email bajny@yahoo.com or visit the group's Facebook page.

Press release:

Eichenfeld LLC, a company based in Oakfield, will be launching a MöbileSchlägen Kickstarter crowdfunding campaign on Feb. 27^th at midnight. To celebrate, Eichenfeld owners Marc Johnson, James Betters and Dan Manges invite the public to a MöbileSchlägen Launch Party on Saturday, Feb 25, 7 p.m., at Ken’s Charcoal Pits & Bar-B-Q (formerly, City Slickers Bar & Grill) located at 59 Main St., Batavia.

The traditional nail-pounding game of skill, strategy and fun, can only be played by acquiring large stumps of wood that must remain stationary in your yard or gaming venue. MöbileSchlägen has reinvented this favorite German game, made it mobile and now you can be the first to purchase the world’s only portable nail hammering game. 

Of MöbileSchlägen’s much anticipated product launch, coinventor Marc Johnson said, “We’ve spent a great deal of time proving our concept, engineering our product, and securing a full utility patent from the United States Patent and Trademark Office. We have a deep bench of MöbileSchlägen ambassadors that have patiently waited for this moment.

"We anticipate a very active Kickstarter project. Our team is poised to meet the demand of our customers and we are excited with the amount of support the crowdfunding community has promised to the MöbileSchlägen project. This is the beginning of a fun run.”

The event on Saturday evwening will feature food and drink, music, swag giveaways and a chance to try MöbileSchlägen. The fun starts at 7 o'clock. If you cannot attend the launch party, please check out MöbileSchlägen’s website at www.mobileschlagen.com, once the campaign is active, just follow the provided link. This site goes live at 12:01 a.m. on Feb. 27.

Photos: File photos from an event announcing MöbileSchlägen at the Carryville Inn in June. Top photo: Marc Johnson.

Previously:

• New business in Oakfield aims to expand market for old German game
• Entrepreneurs from Oakfield get front page treatment from the Wall Street Journal

Investigators are looking for help in identifying three individuals involved in a theft from Target and an attempted theft from Game Stop on Veterans Memorial Drive.

The three individuals entered Game Stop at 6:46 p.m., Feb. 15, and while two of the men distracted a store employee, a third went behind the counter and attempted to gain access to the safe. 

It was locked.

The three men then went to Target, stole a magnetic unlocking device, and then stole about $800 in Beats headphones.

They then left in a gold Honda Odyssey. No plate number could be obtained.

Investigators checked with other stores in the area but no similar incident was reported at those stores.

One suspect was wearing pink shoes and a Coca Cola jacket.

People with information that may assist investigators can call Investigator Chad Minuto at (585) 345-3000.

Press release from David Olsen, chairman:

“Just because you do not take an interest in politics...does not mean that politics won't take an interest in you.” This quote from Pericles -- who lived in Athens, Greece 2,500 years ago -- was true then and is true today in Genesee County. The 44th President of the United States of America, Barack Obama said in his farewell speech: “If you're disappointed by your elected officials, grab a clipboard, get some signatures and run for office yourself. Show up. Dive in. Stay at it. Sometimes you'll win. Sometimes you'll lose."

Many have lost interest and faith in our political system. I won’t argue that it is perfect, nor will I say it’s fair. It’s far from either, but it is what we have and we all have access to it. It is possible for virtually anyone to run for and win a seat in our county legislature, Batavia’s city council or a town board in our county.

The Libertarian Party is the fastest growing political party in the United States. Have you had enough of the continued partisan bickering and the constant growth of government, both in cost and intrusiveness? Have you decided, as have many others that the Republicans and Democrats are not for you? Do you want to make a difference? Then contact us, we would love to hear from you and discuss any and all potential candidacies.

Please feel free to contact me or Vice Chairman Mark Potwora at gclp.ny@gmail.com. You can also message us through our Facebook page www.facebook.com/GCLP.NY/

Press release:

Deputy Sheriff Christopher Parker of the Genesee County Sheriff’s Office has been selected as the 2017 New York State Sheriffs’ Institute’s Deputy of the Year. He was nominated for the award by Sheriff William A. Sheron Jr.

This statewide award was presented at the New York State Sheriffs’ Institute’s Annual Awards Luncheon, which is annually held in Albany.

On Sept. 13, the Genesee County Emergency Dispatch Center received a report of a fire in a six-apartment complex in the Town of Pavilion, Genesee County. Deputy Chris Parker was the first law enforcement officer on the scene. When he arrived, he observed a fire in apartment #6. Thick, black smoke was rolling out of the building. Deputy Parker, without regard for his own safety and without any protective breathing apparatus or gear, entered apartment #5 to check for residents.

After he cleared the ground floor of that apartment, he entered apartment #4 and cleared that as well. In doing so, he realized that the apartments were two stories, and he had not cleared the second story of apartment #5, directly next to the fire. He returned to #5 to check the upstairs. As he entered a bedroom on the second floor, he discovered an elderly man asleep in a bed. The room was filling with smoke. He woke the man and got him out of the building. Deputy Parker then continued to clear apartments as firefighters started to arrive. This effort was all captured on Parker’s body camera.

Given the fact that the man was sound asleep as smoke crept in his bedroom, Deputy Parker’s quick, fearless actions most likely saved the elderly man’s life.

“Deputy Parker’s heroic action, in which he reentered a building fully engulfed in flames, to rescue an elderly man meets the Deputy of the Year Award’s criteria perfectly,” stated the Award’s Selection Committee’s Chairman, Sheriff Ron Spike of Yates County.

“Deputy Parker put his life on the line to save the life of another. In today’s society we use the word hero pretty loosely, but not in this particular case. Deputy Parker is a hero in the true definition of the word.”

JAYME PRIVITERA -- FIRST PLACE

RICHARD GROSS -- SECOND PLACE

KRISTEN STEPHANY -- THIRD PLACE

The Ellicott Trail Project has its logo, and it’s the work of an accomplished graphic artist from Le Roy who is no stranger to entering (and winning) competitions that are open to the public.

“I’m really excited about the fact that people will be able to see something that I created,” said Jayme Privitera, a professional graphic designer for the past decade.

Privitera’s captured First Place in the competition that was set up by the Ellicott Trail Project steering committee to find a logo that best represents the proposed 4.6-mile bicycle/pedestrian path that will run from Seven Springs Road to Pearl Street Road (Route 33).

She won $100 for her logo, which will be used in many ways, such as on all-weather exterior signs, way-finding maps, stainless steel sidewalk emblems and, eventually, banners, stickers and fliers.

Richard Gross, of Wyoming, took Second Place, winning $75, while Kristen Stephany, of Warsaw, placed third, good for $25.

Members of the steering committee, led by Tom Lichtenthal, who also is serving as project manager for the Town of Batavia, made their selections on Thursday afternoon.

Lichtenthal said that 26 finalists out of the 176 submissions were considered at yesterday’s meeting. Entries came in from students and adults – from the age of 10 to 58 – from 15 communities in Genesee, Livingston, Monroe, Erie, Wyoming, Niagara and Allegany counties.

Privitera said her goal was to keep the logo simple (per contest rules) and “easily recognizable, emphasizing that it was for a trail – something that keeps going.”

Two years ago, she won a statewide contest conducted by adnetworkny.com. Since 2011, she has provided graphic design for Lake Country PennySaver in Albion.

The logo will be officially unveiled at the Batavia City Council meeting on Feb. 27, Lichtenthal said.

Gross, a former ironworker and fabricator, said he does 3D modeling in his home “for fun.” He said he focused on the location of the trail and keeping the logo uncluttered.

Stephany is an adult student in her last semester at Genesee Community College where she is majoring in Graphic Arts. She said her goal was to use text that rendered “a bit of elegance and class” to the logo.

In December, Lichtenthal reported that the $1.7-million joint venture between the city and town was on schedule for completion by Thanksgiving.

The Town of Batavia is acting as lead agency for the project, which is being funded for the most part – 80 percent -- by a New York State Department of Transportation grant. The Town of Batavia and City of Batavia are contributing 10 percent each.

A Municipal Facility Grant of $250,000 will pay for a new bridge on Walnut Street, Lichtenthal said, while a portion of funds from a Genesee County Parks Department capital project will pay for a boardwalk at DeWitt Recreation Area.

Video provided by the Batavia City School District.

The forum at Batavia High School on Wednesday night was meant to discuss all aspects of the City School District's proposed $26.7 million capital improvement project, but most comments zeroed in on the future of Van Detta Stadium.

Some area residents are concerned about lights, noise, traffic, pedestrians and trash related to events at the facility.

The project, which the district has dubbed the 2020 Vision Capital Improvement Project, also had its supporters.

The project relies on money saved specifically for capital improvements and state aid, so all of the new building and upgrades can take place without any local tax increase.

Voters will be asked whether the district should move forward with the plan at a referendum vote March 2.

Jim Owen, a Redfield Parkway resident, substitute teacher, and regular at community events, praised the district for the plan.

"I just wanted to say thank you to the board and the superintendent for putting this opportunity to the voters," Owen said. "A zero-tax increase is, in my opinion, a no-brainer. When I pay a zero increase to get these benefits for today, tomorrow and the future for the children and the community, I say, thank you very much."

Among the skeptics was Councilman Bob Bialkowski, who lives in the area of the stadium. He said he has had calls from area residents about events at the current stadium and worried that changes will just make matters worse for the otherwise residential neighborhood.

“We need to teach our kids an important lesson that we care about our neighborhoods and our residential community," Bialkowski said. "I think it would be better if the vote was separated, the stadium separate from the rest of the project, but it’s too late for that.”

On the issues of light, noise, traffic and crowd control, Superintendent Chris Dailey said all of those issues are being addressed.

Lighting, for example, will use new LED lights that will not only be more energy efficient, they will be more directional so there will be less "spray" into neighboring properties.

There will continue to be security in place, including Batavia PD, to help deal with traffic, and the school will continue to emphasize to students the importance of not walking on people's lawns and leaving behind their trash.

Mike Barrett, an area resident, said he was pretty accepting of the seemingly inevitable change, but he's not happy about the prospects. There are already problems and he thinks they will just get worse.

"It’s getting out of hand, and now you want to bring in more programs," Barrett said. "This is a residential area when I have complaints it’s always on a Friday night, a Saturday night and nobody can be reached. I call the police, they drive by, they wave at the people and nothing gets done. It gets worse. So when I hear about marching bands and expanded athletic events, I think, this is insane. It’s a residential area."

Brad Griffith, who also lives in the area and said he played on Woodward Field when he was in high school, said he understands the concerns, but he thinks the new stadium will benefit the community and benefit the students.

"This is going to bring business to Batavia and we all gain from this," he said. "I know some have their issues with this, but I’d rather have my kids taking part in athletics and staying out of trouble."

There was little discussion about the planned upgrades to the four schools in the district, but when there was, it was about the current and future use of a building no longer used as a schoolhouse -- Robert Morris.

One parent asked, instead of adding more classrooms to John Kennedy, why not move one grade of students over to Robert Morris.

That was considered at one point, Dailey said.

"We looked at relocating one grade over to Robert Morris and looked at the social, emotional and academic impact, as well as the financial, of moving one grade over, and it was not beneficial to the students to add one more transition to the age group," Dailey said. "That’s why we chose not to go into Robert Morris."

Currently, Robert Morris is being used by the Star Program, a day-care provider, Genesee County Mental Health Association as a satellite office to help students and the IT department and buildings and grounds may be moving in.

After Bialkowski objected during his remarks to talk of the Batavia Daily News moving its offices over to Robert Morris, Dailey said that while the Daily News had toured the building, there was no current lease offer. After the meeting, he said the Daily News looked at the building months ago and never followed up with any further discussions.

County legislators are being asked to approve a $110,000 expenditure to start a feasibility study on the construction of a new county jail.

Both County Manager Jay Gsell and Sheriff William Sheron told members of the Ways and Means Committee on Wednesday that the county would be better off getting out in front of the issue instead of waiting for the Corrections Commission to come down hard on the county.

"If we didn’t at least show progress, do a needs assessment, they’re going to pull the variance," Sheron said.

For at least 15 years, the jail has been operating with a variance for the number of beds in the jail, and without it, the county would have to ship some portion of its male prisoner population to other county jails, like they do now with female inmates.

“If we have to start boarding out males at $85 to $90 a day aside from our 11 this week, I believe it was, to 22 females, that starts to push our costs outside the realm of reality," Gsell said.

Legislators asked if the study would take into account the county's ability to pay for a $35 million to $42 million facility, Gsell said the cost issue wouldn't be a factor if the county did nothing and the state forced the county into building a new jail.

"If we don’t do this and let the commission drive us the way they did the last time we had to add seven people into the complement of people (at the jail) because of the posts we have versus what they wanted us to do, then shame on us because, basically, our inability to pay wouldn't really factor into it," Gsell said.

Legislator Shelly Stein asked if the study would look at what services were offered through the jail. In an era of rising addiction rates, she said it was important to her that drug treatment and mental health professionals have better access to inmates.

Gsell said a needs assessment would gather input from all interested members of the community and all of those issues could be brought to the table.

After the meeting, Sheron said the Sheriff's Office is already in the process of working with drug treatment and mental health agencies on creating treatment programs at the jail.

The process would also include discussions on a joint facility with Orleans County, which has already had variances rescinded for its jail, perhaps even bringing Wyoming County into the discussion for a three-county facility.

Calling Scott Lamagna's participation in an attack on a patron of Playmates in Byron "brutal" and "senseless," County Court Judge Charles Zambito rejected the idea of a probationary sentence and sent him to state prison for three and a half years.

"I can't put you on probation or give you a community-based sentence and be confident the community will be safe," Zambito said. "I don't know what will set you off."

Lamagna and his brother Jonathon attacked a patron in the parking lot of the strip club. The attack stemmed from a barroom disagreement. After beating the victim, the owner of Playmates tried to assist the man, whom she found in the parking lot lying in a pool of his own blood, by dragging him onto the porch. Zambito noted that Scott and Jonathan then renewed their attack. Jonathan kicked the victim in the ribs and Scott kicked him in the head, both kicks caused serious injuries.

The brothers then left the scene, stopped at the 7-Eleven in Bergen, where they attacked two other people.

"Mr. Burns (defense attorney Thomas Burns) did his best to try and convince me I should give you a chance out in the community, but I'm not convinced," Zambito said.

Burns argued that his client is remorseful for his actions and realizes he needs help for alcohol and drug abuse. He said Lamagna does have a record of being able to maintain a job and would be employable if released to probation. He also said Lamagna had strong support from his family. 

Scott is older than his brother and Burns said Scott understands that as the older brother it was his responsibility to society to set the mature example.

"He knows he dropped the ball on that one," Burns said.

Jonathan Lamagna was sentenced last week and Scott's sentencing was scheduled for the same day, immediately afterward, but Assistant District Attorney Kevin Finnell presented information obtained from wiretaps on jail phone calls between Scott and family members.

Burns objected to use of the recordings in evidence for the sentencing because he didn't even know about their existence before Finnell mentioned them in court, so the sentencing was adjourned to today, giving Burns time to review the recordings.

The recordings reveal a defendant who was scared and under stress and trying to deal with his immediate concerns, as any person would, Burns said, adding they didn't indicate Lamagna was any less concerned about the condition of his victim.

There was also evidence presented that indicated that before Lamagna was arrested, he made frantic calls to people trying to find somebody to take care of his dog.

Before sentencing, Lamagna addressed the court and said he was deeply sorry for hurting innocent people.

"I wish I could take it all back but I know I can't," Lamagna said.

He said he was prepared for the consequences of the judge's decision as a result of his own actions.

If sent to prison, he said, "I will come out a better person."

Zambito wasn't convinced as he looked at the violent nature of the attacks and Lamagna's seven prior charges of resisting arrest.

"It's sad that you didn't have the same concern that you had for your dog for human beings," Zambito said.

Pembroke and Indian Falls fire departments are called to the scene of the house fire which broke out late Thursday afternoon at 8006 Alleghany Road, Indian Falls. Dispatch says a passerby reported seeing flames coming from the second story of what remains of the structure.

UPDATE 1:25 a.m.: Pembroke command requests a tanker from both East Pembroke and Corfu to the scene and reports about 25 percent of the remaining structure is ablaze.

UPDATE 1:36 a.m.: The call has gone to a second alarm. Tankers from Darien and Alabama are requested to the scene.

UPDATE: Rekindle photos submitted by a reader.

An employee of a local electric supply company, while cleaning out the basement of a former pet store in the same building, made a grisly discovery today  -- the bones of a dead dog in a box.

The box was reportedly stuck into some shelving in the basement.

Police were contacted immediately, according to John Booth, CEO of I.D. Booth, the company that owns the building on Ellicott Street in the City of Batavia.

Somebody who identified herself as an employee of I.D. Booth also posted the picture on social media and it was shared dozens and dozens of times today and became fodder on the radio talk show of Kimberly and Beck in Rochester.

Booth said he and his company are fully cooperating with the police on their inquiry into what might have happened.

Kathy LaFarnara, co-owner of Neptune's Gardens with her husband, Nicholas, told The Batavian today that neither she nor her husband knew anything about the dog prior to posts about it popping up on social media.  

They closed the location, which was behind the Pok-A-Dot, about five months ago and haven't been back inside since, she said. They were intending to open a smaller store on the other side of Ellicott Street, but with all the negative publicity on social media and Kimberly and Beck, she isn't sure what their future business plans are now.

"In 31 years of business, we always disposed of animals properly, even the rabbits," LaFarnara said.

Asked if an employee might have put the box in the basement, LaFarnara said their only employee was Nick's daughter.

"And she didn't like to go down in the basement," she said. "I didn't either. It was creepy down there. The stairway was open and you always felt like somebody might reach up and grab your legs.

"Right now, I have no idea where the dog came from," she added.

Det. Eric Hill this afternoon could not confirm anything other than that police had been called and asked to look into the matter.

Booth issued the following statement this evening:

I.D. Booth, Inc. learned of a tragic and disturbing situation on February 16, 2017. While an I.D. Booth employee was cleaning out property that is presently owned by I.D. Booth, but had been leased to former tenant Neptunes Gardens, the I.D. Booth employee discovered what appears to be the remains of an animal. The remains appear to not have been handled properly.

I.D. Booth has never occupied the Neptunes Gardens property, and has no information about the condition of remains, or the treatment or condition of any animals that were housed at the facility. I.D. Booth is horrified about this alarming discovery, and does not condone the unethical treatment of animals.

Upon discovering the remains, I.D. Booth immediately reported the discovery to the police, who have opened an investigation. I.D. Booth takes this situation very seriously, and is cooperating fully with the Batavia Police Department. Anyone with any information about this situation is encouraged to pass such information to the Batavia Police Department.

The folks at Lighting Design Innovations want to give something back to their community, so they are offering to donate hardware, software, lights and wiring to illuminate the cupola atop the Old Courthouse 365 days a year.

Paul Mercier, a partner in the company, told members of the County Legislature about the proposed donation at a meeting of the Public Service Committee earlier this week. The committee voted to accept the donation, which is valued at $7,500.

"For us, the significant aspect of being here is we believe in community," Mercier said.

LDI is a multinational corporation with headquarters in Batavia and an office in Western Canada and clients spread throughout North America, Mercier said. They chose to base the company in Batavia because his partner is from Batavia and they like it here and think it's geographically well placed for their business.

"People often ask why we’re in Batavia and I always say, it’s the best place to be," Mercier said. "It’s the best place to be for business. If you take a string on a map and go 500 miles we hit a great deal of the population and I can tell you that within that 500-mile string, we are working in all of it right now."

Mercier shared a few slides of municipal lighting projects installed by LDI.

Then he presented mock-ups of what the Old Courthouse might look like with illuminated decorative lights.

While LDI is donating just enough equipment to illuminate the copula, it's Mercier's hope that other people in the community will step forward with donations sufficient enough to enable the entire building to be illuminated. As part of his presentation, Mercier showed Photoshopped mock-ups of what the courthouse might look like when fully illuminated.

The lighting system consists of LED lights that can display millions of colors that shine on an object, such as the cupola, with color designs being made by software attached to the lighting system.

Assistant County Manager Matt Landers said the new system will replace a conventional lighting system that is used on special occasions. The electricity cost between the less-efficient system and the new LED system used more frequently will be about the same, Landers said.

Mercier, Landers and county staff did meet one evening recently for a demo lighting of the cupola. 

“What I was surprised by that night is how from how far away you can see the cupola," Mercier said. "It is truly a beacon from all directions.”

Once the lighting is installed, which Mercier said is an easy process, he thinks legislators will be eager to see the entire building illuminated.

"You’ll love the way it is, we have no doubt about that, but we think you’ll want to consider a second and third phase that you can celebrate all over again that you’ve illuminated something else on the courthouse," he said.

The cause of a fire that destroyed a house in Alabama where an elderly man was living has yet to be determined.

The fire at 8006 Alleghany Road, Indian Falls, was called in shortly after 5 p.m. with smoke and flames showing from the back of the residence.

Pembroke Chief Jamie Waff said dispatchers received several calls reporting flames showing, so the fire immediately went to a second alarm with Town of Batavia, Darien, Corfu and Alabama joining Pembroke, Indian Falls and the Town of Batavia's Fast Team joining the initial response. East Pembroke, Akron, Newstead and Oakfield were also toned out later.

"With manpower issues during the day, right at five, along with the fire, we went right to a second alarm for manpower," Waff said.

The wind from the southwest quickly pushed the fire from the rear of the house to the front.

The resident reportedly kept a lot of items in the house and the first firefighters in found the back of the second floor piled with garbage bags filled with stuff, so the firefighters were initially pulled out until the situation could be better assessed for their safety.

The resident, who was outside when firefighters arrived, was placed in a patrol vehicle after deputies arrived on scene so he could stay warm. The deputy requested a medic to check him for possible smoke inhalation. 

There was a dog and some cats inside the residence, but Waff didn't know the status of the animals at the time we talked.

A house fire, with flames showing in the rear, is reported at 8006 Alleghany Road, Pembroke.

Pembroke and Indian Falls dispatched along with the City of Batavia Fast Team.

UPDATE 5:17 p.m.: Working structure fire. Additional response from Town of Batavia, Darien, Corfu and Alabama.

UPDATE 7:15 p.m.: I just returned from the scene of the fire. At the time I left, smoke and a small bit of flame were still showing, but firefighters seemed to have things under control, though it was looking like the fire could continue in that condition for some time. An older man lived in the house and was placed in a deputy's car for warmth until an ambulance arrived to check him for possible smoke inhalation. The fire spread from the back of the house to the front and got into the attic. A dog escaped the fire, we're told, but the status of cats living in the house is unknown. More later tonight with photos, probably in a separate post from this one.

UPDATE: Reader submitted photos.

A Batavia resident accused of menacing a police officer with a knife nearly a year ago has until Tuesday to decide if he will withdraw his guilty plea on a weapons charge and take his case to trial.

Bill A. Thomas, 57, first entered a guilty plea to criminal possession of a weapon, 3rd, on July 21. When he was supposed to be sentenced in November, he tried to withdraw his guilty plea and asked for a new attorney.

While Thomas wasn't allowed then to change his plea, he was given time to find a new attorney.

Today, with Michael Mohun, normally the judge in Wyoming County, presiding in County Court for this case and one other, the case took another twist.

After hearing Officer Peter Flanigan read a victim's statement, District Attorney Lawrence Friedman argue for a harsh sentence and Jamie Welch, representing Thomas, advocate for a probationary sentence, Mohun summoned both attorneys to the bench.

There was a short conversation, then Mohun said he and the attorneys would meet in chambers to discuss a procedural issue.

Nearly two hours later, the attorneys, judge, defendant and his family members were all back in court after several private discussions involving all parties.

Mohun announced that when Thomas entered his guilty plea there was a procedural error related to what he admitted to and what was stated in the SCI (Special Court Information, a document used in lieu of a Grand Jury indictment). The procedural error could potentially invalidate the guilty plea, and that is why Thomas now has a chance to reconsider his plea.

Since Welch is new to the case, joining only after Thomas entered his guilty plea in July, Welch said he hasn't reviewed all of the evidence. Also, Thomas would like more time to think through his decision and confer with his family.

In his statement, Flanigan recalled a potentially catastrophic confrontation at 4 a.m., March 16, when he entered the Thomas home on State Street. He said Thomas moved aggressively toward him with a knife, and after Thomas failed to obey his verbal commands to drop the knife, Flanigan said he realized he would have to shoot Thomas to protect himself. As he reached for his pistol, the brother of Thomas entered the hallway in an attempt to leave the house, and he came between Flanigan and Thomas. Flanigan said he no longer had a clear shot at Thomas and the situation defused at that point.

The confrontation -- in which Flanigan said he both knew he might have to kill Thomas and that his own life was in danger, causing thoughts of his family and coworkers to flash through his mind -- left him shaken and he described having times of trouble sleeping and displaying other symptoms of stress, he said. 

Friedman spoke next and said that Thomas was prepared to go to trial until Interim Judge Micheal Pietruszka proposed a plea settlement, which both sides then accepted. Friedman said Thomas was a lucky man -- lucky to be alive, lucky that he wasn't charged with a more serious crime, lucky to get the plea offer he did and given his good fortune, but the serious nature of the crime, he should be given no leniency in sentencing.

Welch noted that his client never had a prior violent felony charge and it had been nearly two decades since his last criminal conviction, a misdemeanor, and it's been since 1996 that he was convicted of a felony, a DWI. Therefore, he said, he deserved a probationary sentence with credit for time served (he's been in jail for 11 months).  

While Flanigan noted that Thomas hasn't admitted to threatening the officer, Welch said when a blood sample was taken from Thomas at 8 a.m., four hours after the alleged confrontation, Thomas had a BAC of .22 and has said he doesn't remember much about that morning and doesn't believe he would have threatened a police officer with a knife.

The defense attorney also noted that even though police had control of the crime scene from the time they arrived until the investigation was completed, there was never a knife found on Thomas or at the scene.

The Batavia Town Board took another step in the municipality’s drive to attain Clean Energy Communities status Wednesday night by approving two resolutions -- one to convert the town’s street lights to energy-saving LED lights and the other to apply for a Unified Solar Permit grant through the New York State Energy Research and Development Authority.

The board voted to utilize National Grid’s LED outdoor street lighting conversion program that enables communities to switch from high-pressure sodium to LED lighting. LED conversion is one of 10 “high-impact actions” listed on NYSERDA’s Clean Energy Communities checklist.

Town Engineer Steve Mountain said that the town will be converting 75 street lights via the National Grid plan at a minimal cost -- about a $9 increase per month in the town's electric bill over a 10-year period.

"There is an incentive from NYSERDA built into the program," Mountain said, "which translates to energy savings over time."

Mountain said that the National Grid program is much cheaper than contracting with a private enterprise, which could cost as much as $50,000. He said he expects the LED conversion to be completed by this summer.

The LED conversion is the last of four actions performed by the town as a requirement to apply for one of 14 Clean Energy Communities grants in the Genesee/Finger Lakes Region. NYSERDA is offering four $100,000 grants and 10 $50,000 grants to municipalities of up to 39,999 people.

Previously, the town implemented three other “high-impact actions” – Benchmarking, Unified Solar Permit and Energy Code Enforcement Training, Mountain said. 

The second resolution passed last night paves the way for the town to receive a $2,500 grant from NYSERDA as an incentive for adopting the NYS Unified Solar Permit. The Unified Solar Permit is a mechanism to help communities reduce costs and delays relating to solar installations.

In other action, the board:

-- Approved a resolution to operate and maintain the Edgerton Road Water District in the Town of Elba, which services two residences, at the current rate of $5.10 per 1,000 gallons of water for a regular customer and $3.73 per 1,000 gallons of water for an agricultural customer.

The privately funded water district that was added on to a previous water district in Elba consists of about 4,500 linear feet of 6-inch diameter water main and all related hydrants and other accessories.

-- Passed a resolution to appropriate $2,695 in 2017 to support the Genesee County Senior Center recreation program.

-- Voted to buy a new Toshiba printer for the Town Hall at a cost of $8,330, along with annual maintenance agreements at a cost of $1,458 plus overages. The building’s current copier will be transferred to the highway facility.

-- Announced that there will be a public meeting at 6:30 p.m. Wednesday, Feb. 22, to address questions about the Alexander Road/Pearl Street Road sewer extension.

Byron Town Supervisor Peter Yasses said he respects the wishes of the municipality’s residents, who voted down a proposal to build a new highway garage on Wednesday, but he didn’t hold back expressing his disappointment with the decision.

“The people have spoken, and I’m OK with it,” Yasses said in reference to a 250-145 vote that shot down town leadership’s bid to construct a slightly expanded steel structure to replace the current 60-year-old, six-bay block building next to the Town Hall on Route 237.

The $1.895 million project would have been paid by town taxpayers over 30 years, Yasses said, with the increase in the taxes (possibly up to $90 per year on a home assessed at $88,000) dependent upon whether any grants could have been obtained.

Yasses and a committee of town council members and employees had worked with the town engineer and an architect to come up with a plan that they believed was the best solution to replace the garage, which they deemed as “cramped, inadequate and unsafe.”

The supervisor previously stated that the highway department’s four full-time employees and one part-time employee work in a building that isn’t big enough to properly park its three 10-wheelers and one single-axle vehicles and its loader, and is saddled with safety issues.

Specifically, Yasses said the narrow width and low height of the current bays have forced workers to park vehicles sideways and put holes in the walls to make room for the plows. He also reported that the building’s heating and ventilation systems were faulty, and that windows and doors were deteriorating.

Yasses blamed the proposal’s defeat, in part, to “lies and scare tactics” spread by two vocal opponents, John Sackett Jr. and (former highway superintendent) George Heins.  Sackett and Heins were instrumental in getting enough signatures on a petition to force Wednesday's referendum.

The supervisor also said that the two men sent out letters and went door-to-door to persuade residents to vote against it.

“They used scare tactics, stating that it would double the tax (rate) and they were quoting stuff that no one knows yet, things that haven’t been agreed upon,” Yasses said.

Yasses said more than $6,000 was spent to develop the plan – which would increase the current building’s size from 40 by 113 square feet to 63 by 152 square feet with seven bays – and to conduct the public vote.

“The problem won’t go away,” Yasses said. “It has to get solved, but we’re not going to spend any more money on it this year.”

Heins, a 25-year highway department employee and superintendent for 12 of those years, said he understands that another building is needed but not “a $2 million barn with interest.”

“They can put up another one behind the current building – a three-bay barn for the longer 10-wheel trucks,” Heins said. “They can use the $400,000 that is in the reserve account.”

He cited other factors such as the town’s decreasing unexpended fund balance, uncertainty surrounding Genesee County’s sales tax negotiations with other municipalities, and a proposed $22 million bond to renovate Byron-Bergen Central School as ample reasons for residents to be concerned over a tax increase for a new highway garage.

“We’ve been trying to do something about the garage for years, but tearing it down is not the answer,” he said.