Jesse M. Woods, 18, of Lake St., Le Roy, is charged with assault, 2nd. Woods allegedly fought with a person outside a residence on Myrtle Street, Village of Le Roy, and as a result the other person suffered serious injuries. Woods was jailed on $500 bail.

Matthew Brian Starowitz, 24, of Whitney Mill Road, Elba, is charged with criminally using drug paraphernalia, criminal possession of marijuana, 5th, and parking on a highway. Starowitz was allegedly found parked the wrong way on Whitney Mill Road at 3:06 a.m. by Deputy Frank Bordonaro.

Daniel Taylor Manhardt, 20, of Hopkins Road, Corfu, is charged with unlawful possession of marijuana. Manhardt's vehicle was stopped for alleged equipment violations at 2:01 a.m. Thursday on Cleveland Road, Pembroke, by Deputy Joseph Corona.

Statement from Chief Dibble Gordon Dibble:

With regard to the 05/02/13 rescue at Indian Falls: The only potential charges would have been "trespass." However, the area is not posted, the individual was not directed to leave the property by the property owner prior to the incident and, in recent history, people have been allowed to enter and swim in the area. No charges are warranted.

FWIW: We hadn't asked the question, but Dibble sent this to all the regional media, so it must have been in response to an inquiry or other reports.

NOTE: The Tonawanda Creek through most of Genesee County is public property. It's possible to enter the creek upstream from the falls without trespassing on any private property.

Previously: Deep and swift water makes for risky rescue at Indian Falls

Local investigators are hopeful that the man responsible for two smash-and-grab burglaries at convenience stores the night of April 25 is in custody.

James Trala, 26, of Buffalo, has not been charged locally yet, but Investigator Kris Kautz, Sheriff's Office, and Detective Pat Corona, Batavia PD, think Trala might be their man.

Trala was arrested by Amherst PD for alleged drunken driving. He was stopped at 1:30 a.m., only a short time after a glass break alarm was set off at a convenience store in Amherst.

Officers recognized the description of Trala's vehicle and put the pieces together that he might be connected to their own smash-and-grab burglary.

Trala has been charged in Erie County with felony DWI, burglary, 3rd, grand larceny, 4th, criminal mischief, 3rd, aggravated unlicensed operation, 1st, as well as a host of misdemeanors and citations.

Kautz and Corona are still putting their cases together for possible charges in Genesee County, but they suspect he is the person who broke through glass doors at the West Main Mini-Mart, 3845 W. Main Street Road, and at Raceway Mini-Mart, 629 E. Main St., Batavia.

The perpetrator fled off with a cash register and cartons of cigarettes.

Trala has prior arrests in Batavia and is thought to be familiar with the area.

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) is fighting an attempt by the New York State Department of Transportation (DOT) to put local parades out of business. The agency has advanced a proposal for Special Events Permit 33-C, which would place expensive, overreaching mandates on parade organizers.

The permit would require parade organizers to engage in bonds and insurance coverage they cannot afford, submit overly detailed plans to DOT and adhere to state guidelines that are under local jurisdiction according to state law.

“Our community has maintained many proud traditions throughout the generations, and holding parades to honor our veterans, fire departments and citizens is an integral part of our identity. The DOT’s plan seeks to bring all of that to an end,” Hawley said. “Meddling in a practice that we have conducted safely and successfully for countless decades is a glaring example of big government run amok.

"While the economy lags and so many New Yorkers are out of work, how can state government possibly think that interfering in our local parades is the best use of time and resources? I have been in constant contact with the DOT expressing our community’s disdain for this proposal and I will continue to fight against this attack on one of our most beloved, longest-standing traditions.”

Longtime local restaurant owner Mike Bohn, 70, died Wednesday following a brief illness.

Bohn operated Bohn's on Clinton Street since 1985.

Calling hours will be Sunday from 2 until 7 p.m. at Bohm, Smith Calarco Funeral Home in Batavia. A Mass of Christian Burial will be held Monday at 10 a.m. at St. Mary’s Church.

Francis Smith, whom Judge Robert C. Noonan characterized a "one-man crime spree in our community," is going to prison for a decade.

Smith, 19, was caught in the act of burglarizing a home on Washington Avenue in the city on New Year's Day. He immediately became a suspect in a series of other burglaries in the South Main Street area and eventually entered a guilty plea to two counts of attempted burglary, 2nd.

He was facing a maximum sentence of 14 years in prison. Noonan gave Smith two consecutuve five-year terms.

A series of four explosions were heard, and smoke reported showing after each one, at a residence across the road from S&S limo service in Le Roy. It's at or near the junction of Route 5 and East Bethany - Le Roy Road. Le Roy police at the scene report nothing showing. Le Roy fire responded and called for all equipment to be held in quarters.

UPDATE 1:35 p.m.: This is a farmer's attempt to rid his property of pesky woodchucks. "There will be several more explosions," says a firefighter, "...This is a matter for police, there's nothing we can do here." Le Roy fire is back in service.

UPDATE 1:46 p.m.: The owner of the limo company wants to talk with police about his concerns regarding this "agricultural operation."

Two males were observed going into the gorge area of Indian Falls near the Log Cabin restaurant on Gilmore Road. They entered on the same side of the gorge as the restaurant. Sheriff's deputies are responding.

As it turned out, the only thing in the box was perfume being returned to QVC, but being left out in the open as it was, local law enforcement didn't want to take any chances.

The box was placed under a mailbox behind M&T Bank and City Slicker's in the Court Street Plaza.

The suspicious package was reported to Batavia PD at 8:30 a.m.

The State Police Bomb Squad was called and a robot was deployed to cut the box open and take a look inside.

The area was cordoned off for more than an hour during the operation.

"In this day and age you can never be too careful of anything that looks out of the ordinary," Officer Eric Hill said. "Most people would return those to the post office if it didn't fit in the mailbox, so that's why we were initially suspicious of the package."

Batavia PD is on scene behind City Slicker's investigating a suspicious package.

Photo provided by a reader.

Press release:

Congressman Chris Collins (NY-27) pushed the Main Street Revival Act (H.R. 952) in Batavia today. The bipartisan legislation will help promote economic growth and fill vacancies along America’s main streets. Collins is the lead Republican cosponsor of the legislation in the House.

“If Washington is serious about getting our economy back on track, we need to get serious about supporting American small business,” Collins said. “Encouraging and incentivizing new small businesses, particularly in struggling areas, will be critical to rebuilding our economy and this legislation does just that.”

The Main Street Revival Act would allow a small business to defer payment of payroll taxes for one year after it hires its first employee. The taxes will be paid back in equal installments over the subsequent four years. The deferment would hopefully provide meaningful relief to a new small business, or one which is just at the beginning stages of growth, which is traditionally a hard time for my small business owners.

“The ability to defer payroll taxes for one year may be just enough of a break to help a new small business owner hire one more person or purchase a new piece of equipment,” said Collins. “This legislation represents the practical, commonsense solutions Washington needs to take to nurture small business development, create jobs, and spur real economic development in our communities.”

To encourage growth in hard-hit areas, the legislation provides the tax deferral incentive to businesses located in a Historically Underutilized Business Zone (HUBZones) as defined by the Small Business Administration. In NY-27, sections of Batavia, Depew, Lancaster, Lockport, Medina, and Livingston County are designated as HUBZones.

The bill is also limited to true small businesses, those which expect to hire no more than 25 people during the year period for which payroll taxes can be deferred. Lastly, the H.R. 952 makes clear that nothing in the bill will reduce the Social Security or Medicare trust funds.

Collins was joined by Genesee County Chamber of Commerce President Lynn Freeman who praised the legislation.

Collins is partnering with Congressman Eric Swalwell, Democrat of California, on the legislation. “Good ideas that help our small businesses know no political party,” Swalwell said. “I welcome Rep. Collins of New York as the lead Republican cosponsor of the Main Street Revival Act. This bill was inspired by walking the Main Streets of my district and talking with business owners – Republicans and Democrats – about ways the federal government can help them get off the ground, hire employees and succeed. This is sensible legislation to speed up local economic development in the neighborhoods that need it most.”

After the Genesee County Economic Development Center meeting yesterday evening, I had two choices: Go home and write some stories that I gathered information on during the day, or take advantage of a great spring day and drive around and take some pictures.

I chose pictures taking. I would have time, I reasoned, to write later in the evening.

Near the end of my loop through Le Roy, Pavilion, Bethany and Batavia, I stopped by a friend's house for a chat. Near the end of my visit, Billie called and told me about the teen in the gorge at Indian Falls.

So rather, than writing my stories last night and posting these pictures last night, I spent four hours on the Indian Falls story. 

Here's the photos from yesterday evening and those stories I need to write are coming.

The barn above is on Main Road in Stafford. Two more shots of it below.

Route 19, Town of Le Roy.

Cook Road and Route 20, Pavilion.

Transit Road and Ellicott Street Road, Bethany.

Two East Pembroke volunteer firefighters risked their lives Thursday night to rescue a 17-year-old boy from East Seneca who fell from a cliff face at Indian Falls.

The youth landed on a rock ledge 10 feet above the water's surface and was stuck and hurting.

With the Tonawanda River swollen with springtime runoff the water was deep and moving fast.

Don Newton, East Pembroke's chief, and Stephen Smelski, an assistant chief, and both members of the department's water rescue team, acted quickly to reach the teen.

"We were fighting the water the whole way to just even get to him," Smelski said. "The undertow in that area is tremendous. We had to fight just to get to the area where we could get to him and talk with him."

When Newton and Smelski got close to the boy they could see his legs were shaking from exposure to the cold water.

"We didn't know how much longer he could hold on," Smelski said.

Ideally, the rescue should have been a four-man operation, but Newton and Smelski decided there was no time to wait for additional rescuers to enter the water.

"Don made decision to swim to him," Smelski added. "He had one path to him. One chance to make it. He pushed off. I pushed off with him. He was able to swim to the rock ledge to get to the patient and I stayed back in case he lost it or if the patient were to come out of his arms, then I could catch him and bring him back."

Newton told the boy the he would need to make his own way from the 10-foot high ledge he was on down to a second ledge, and from there, slide down into Newton's arms and relax.

"I told him that with the swiftness of the water, if he struggled with me, we would both be dead," Newton said. "At that point, I've got to have all the control of him and my line tender has got to have control of me."

Both Newton and Smelski praised the work of the rope team, who helped keep the two rescuers safe and then safely pulled the teen to safety.

In all, more than 60 emergency responders, including other volunteers, assisted in the rescue of Matthew J. Kwiatkowski, of Pinewood Drive, East Senaca.

It was a major operation, said Bill Schutt, a coordinator with Emergency Management, because the high water and swift current of the Tonawanda this time of year.

Kwiatkowski suffered as yet undetermined injuries and was flown by Mercy Flight to ECMC.

He was at the Falls with friends Brandon T. Briley, 18, of Center Road, West Seneca, William D. Fowler, 18, of Pheasant Lane, Cheektowaga, and Adam Hawco, 17, of Center Road, West Seneca.

The four other youths were able to climb to safety after the accident.

Charges may be pending against one or more of the individuals.

Schutt said the youth's adventure tied up a lot of the county's resources for about two hours and put other people's lives at risk.

"It's extremely dangerous," Schutt said. "It looks like it's fun and it's fun when everything goes well. When something goes bad then obviously it's not fun, but it puts everybody at risk."

Responding to the scene were the Sheriff's Office, Emergency Management, Indian Falls, Pembroke, East Pembroke and Alabama fire departments. Alden's rescue team and Mercy EMS also assisted at the scene.

A man complains of back pain after falling on the north side of the Indian Falls behind the Log Cabin Restaurant on Gilmore Road. He is said to be "struggling a bit" in the water, according to the caller, and fell at the bottom of the falls. Pembroke and Indian Falls fire departments are responding and Mercy Flight is on standby.

UPDATE 8:39 p.m.: A rope rescue extrication team is called in. A responder on scene says it looks like a male and a female are in need of rescue. They are "in the middle of the flow" and it is pretty heavy. The extrication process is expected to be lengthy. Extrication will be made from the southside, where the creek water is moving slower, and the operations headquarters will be in the Log Cabin restaurant parking lot. "It looks likes there's one patient down there holding onto the rocks."

UPDATE 8:45 p.m.: "The male is in the middle of the falls at the base and anyone coming in, I'd like to have water suits on." Law enforcement is called in. Another victim has fallen approximately 40 yards into the creek in a futile attempt to rescue the distressed parties. Now he is in need of rescue.

UPDATE 8:52 p.m.: Alden's Water Rope Rescue Team is called and is responding. The second victim at top of the falls is out, and both victims at the bottom of the falls are now upright.

UPDATE 8:56 p.m.: Emergency responders are staging in the restaurant parking lot at 1227 Gilmore Road, Corfu.

UPDATE 9:01 p.m.: Mercy Flight is called in.

UPDATE 9:17 p.m.: Alabama Fire Department Rescue is to handle the Mercy Flight staging, which will be at the Indian Falls Methodist Church, located at 7908 Alleghany Road, Corfu. The helicopter is to land in a grass field there.

UPDATE 9:32 p.m.: Mercy Flight has landed.

UPDATE 10:09 p.m.: Those in need of rescue from the swift water of the falls are being brought up to within reach of the emergency crews. Pembroke went back in service at about 9:57 p.m.

UPDATE 10:15 p.m.: "The patient is topside."

UPDATE 10:32 p.m.: Alabama reports that Mercy Flight is in the air, heading to Erie County Medical Center.

UPDATE 10:36 p.m.: Alabama is back in service.

UPDATE 10:46 p.m.: "...all equipment from down below is now topside." The remaining responders are picking up their gear and preparing to return to service.

UPDATE 11:05 p.m.: All responders are in service.

Walkers finished Genesee Community College's six-hour "mini Relay for Life" last night with a dusk "Luminaria Ceremony" honoring the memory of cancer victims and people lives have been touched by cancer. The bags lining their path contained lit candles and each one was dedicated to a particular individual.

Suzanne Smith, of Batavia, "Luminaria Ceremony" coordinator and cancer survivor, is pictured here with her sons, Richie and Mikey.

This is the college's second annual "mini Relay for Life," which is a partnership between GCC's Wellness Center and the American Cancer Society.  It is also a sort of prelude to the annual "Relay for Life" at Van Detta Stadium, which will be held on Aug. 24.

More pictures:

Kristina Groff, American Cancer Society staff partner, and Michelle Williams, the event chair.

Master of Ceremonies John Kochmanski, who is with the college's radio station.

Jace Little, fundraising specialist and safety officer at College Village, and Tiffany Ralston, who was on the event's public relations committee and serves as a "Living Learning" advisor at College Village.

For more information on "Relay for Life," visit relayforlife.org/bataviany

All five members of the Genesee County Economic Development Center Board present for today's meeting voted yes on $1.8 million in tax breaks for COR Development to help the Syracuse-based company bring national retailers, such as Dick's Sporting Goods, to Batavia.

Legislator Shelly Stein, who sits on the GCEDC board, praised COR for all it's done for local schools and the community by generating new tax revenue.

While she said she agrees with much of what speakers said at Tuesday's public hearing on the proposed abatements, particularly about the current state of affairs in New York, she considered the proposed development a "great win for the county, the town and the city." 

New York's high tax rates, she said, makes such incentives necessary.

"I thank you for bringing this project forward," she said to COR VP Joseph B. Gerardi. "That 18 million of investment, and not asking for that PILOT to restart at zero and start at 40 percent, makes a lot of sense for us."

Board Member Jim Vincent said that clearly the public doesn't understand what GCEDC does.

"The public comments signify that we've still got a way to go to convince the populace of Genesee County about what we do and why we do it," Vincent said. "I appreciate projects like this coming forward because in my opinion just the sales-tax factor alone adds an annuity to reduce the tax burden on every business, farm and family that resides in Genesee County."

No other board members spoke.

After the vote, GCEDC CEO Steve Hyde thanked the board for approving the project.

"Just to remind everybody that inside the resolution, the predominate finding was that this was a unique facility project to meet the retail restrictions under the law," Hyde said. "This is the only 36-acre major shopping center inside this entire county. As the law states, this is the opportunity to bring more, varied shopping offerings and services to the community and without this particular project, as the law states, the availability of these broader services and offerings would not be readily accessible to the residents of the community.

"Hence, that was really the underlying basis of the retail restriction and the request for the board to consider, because at the end of the day, we're trying to attract large-scale, tech-driven manufacturing here. ... The last thing you want to do is have a large, empty building while we're showing our community."

John L. Rizzo and Mary Ann E. Wiater were not present at today's meeting.

Voting yes were Stein, Vincent, Charlie Cook, Wolcott T. Hinchey and John F. Andrews.

COR estimates that the four possible tenants -- which COR has previously confirmed includes Dick's Sporting Goods -- will generate more than $16 million in annual gross sales and the four tenants will likely invest $11 million to get their stores open.

After the meeting, walking down the hall, we tried to ask Gerardi why $1.7 million in tax breaks are necessary when the revenue estimates and total capital investment indicates there is market demand for the project. He said questions needed to be directed tomorrow to the company's CEO, Steve Aiello, and made a sharp left turn into the men's room.

Aiello has not previously returned calls nor answered e-mails from The Batavian.

Visit us online for more information: http://www.wnydtv.com

The Town of Pavilion has begun enforcement action against property owners that have for years been storing apparently broken down vehicles on their parcels.

At the beginning of the year the town entered into a shared services agreement with the Town of Batavia and Dan Lang is now code enforcement officer in Pavilion.

He said the first order of business was to go after the most obvious alleged code violations, and the properties at 11076 Lake Road and 11256 Perry Road certainly met that criteria.

In letters to Jacob Weber and Steven Weber, the town asserts they have 47 and 12 broken down vehicles on their properties, respectively.

The Webers appeared in town court Monday and asked for more time to work with an attorney on resolving the issue. They are scheduled back in court June 4.

The state's property maintenance code states:

Except as otherwise provided for in statute or other regulations, two or more inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

The town is demanding that the inoperative vehicles be removed from the property. The Webers, if the issue isn't resolved and they are convicted, could be fined $350 or spend six months in jail for each code violation.

Lang said he won't be looking for every little code violation in Pavilion, but property owners with obvious code violations will be contacted and he will also respond to complaints from residents.

The photo of the Perry Road location was taken in October.

Yesterday, May 1, was The Batavian's fifth anniversary. Over the first five years of The Batavian, here are the 10 most viewed posts:

• Le Roy Legion hosting event to honor WWII vets
• State health officials discuss outbreak of tics in Le Roy, but say they can't share the cause
• Notorious woman allegedly trashes buffet at South Beach, by Billie Owens
• Brad Paisley fans get themselves arrested in droves during Darien Lake concert
• Sex in the City: Batavia 'adultery' case getting wider media attention
• Manhunt in progress near Townline and 63
• Teenage Bergen bow hunter takes down 17-point buck
• South Beach owner "was forced to close" restaurant, says sister-in-law, by Philip Anselmo
• Walmart greeter, age 70, seriously injured after allegedly being punched by 26-year-old woman
• Suzanne Corona accused of shoplifting from Batavia florist

Falling just outside of the top 10 was a post by Brian Hillabush, Christmas lights 12-13-08: DiSalvo's always best in show.

And to catch you up on the monthly most viewed posts ...

Most viewed posts for February:

• Darien man killed in early morning crash on Route 238
• Robber of Sally's appears to have executed a plan to avoid identification
• BREAKING: trash proposal fails on 7-2 vote
• Legislature poised to call for repeal of Cuomo's gun control law
• Tom Houseknecht asserts new trash plan an attempt to skirt property tax cap
• Attica man charged with DWI in Pembroke crashes vehicle in Darien a few hours later
• Possible suspect in Sally Beauty robbery hospitalized after arrest in Owego
• Alabama man accused of raping woman during argument
• Woman accused of stealing money from charity raising money for cancer patient
• Batavia Middle School student in trouble for packing a BB gun

Most viewed posts for March:

• The vote is final: The Wiss Hotel building will come down
• Law and Order: Man accused of installing illegal water line
• Oakfield Fire Department issues statement regarding water dispute with Village
• Judge tells bookies they will serve in a weekend-work program
• Law and Order: Mother accused of not being at home when children were dropped off by school bus
• Sheriff responds to allegation that investigator placed bets with bookie working in fire department
• Ken Mistler buys downtown theater with hope of keeping more entertainment dollars in Batavia
• Woman robbed in parking lot of Save-A-Lot in Batavia, by Billie Owens
• Two women get their hair done at salon, then stiff the stylists, by Billie Owens
• Caller says car parked across the street is harassment, by Billie Owens

Most viewed posts for April:

• Le Roy Legion hosting event to honor WWII vets
• Apparent blow-up between Corfu mayor and employees has village administration in jeopardy
• The story of a stolen thermometer and the police officer who made a gift of it
• Young 'inconsolable' woman resists arrest in Oakfield, is pepper-sprayed, by Billie Owens
• VP at GCC reportedly arrested in Rochester on public lewdness charge
• Trustee asks Corfu mayor to resign
• New pizza shop will have a familiar sounding name and familiar looking face
• Pero brothers entering trash business in Batavia
• Corfu sewer contractor reacts to anonymous letter threatening his business with the village
• Village of Corfu office remains closed this morning

April -- even with the ad server trouble -- set traffic records with 128,425 unique visitors, 512,095 visits and 852,965 page views.

The previous records were set the month before, with 108,490 unique visitors (the first time had more than 100K unique visitors), 493,303 visits and 834,797 page views.

On May 1, 2008, we received 125 visits to the site.