New York Times: Amid Political Fight, Confusion and Fear About New York’s Health Exchange

An ongoing dispute between property owners in Le Roy reportedly became physical this morning and one of the neighbors, Stephen R. Barbeau, the Town of Le Roy supervisor, was arrested by Le Roy PD.

Barbeau, 55, of 9 Filmore St., Le Roy, is charged with harassment, 2nd.

According Barbeau's neighbor, Pete McQuillen, Barbeau was upset because a tree on McQuillen's property fell and Barbeau believed a portion of the tree came down onto his property.

"He bull rushed me and blew me back into some stumps we'd already cut," McQuillen said.

McQuillen suffered a minor sprained shoulder and he said he will see an orthopedic specialist tomorrow about neck pain.

Barbeau said that this was the third time one of McQuillen's trees has fallen onto his property. One time, he said, the tree damaged his house. This morning when it happened again, he went onto McQuillen's property.

"It was quite heated," Barbeau said. "He got heated right back. I pushed him with my hands open on his chest and he fell to the ground."

It was Barbeau's wife who called the police, Barbeau said.

Harassment in the second degree is a violation (in other words, it's not as high as a misdemeanor).

McQuillen and Barbeau live nearby each other, but the ongoing dispute involves property McQuillen owns that is adjacent to Barbeau's. 

McQuillen had plans to build 26 single-family homes for people 55 and over on the property.

After McQuillen believed he won the right to move forward with the development, Barbeau joined in a lawsuit with neighbor David S. Boyce against the town planning board claiming the development was not properly approved. The suit eventually lead to McQuillen's plans being scuttled.

McQuillen is now building other structures on the property and that's another point of contention. McQuillen said he's doing everything within code. Barbeau said he is not.

Barbeau also accused McQuillen of storing junk on the propety and clearing away brush and trees that destroy any privacy barrier.

"He's never met a tree he doesn't like to take down," Barbeau said.

Barbeau was arraigned in Town of Le Roy Court and released on his own recognizance. Town Justice Daryl Sehm also signed an order of protection.

A Batavia man is facing 8 to 16 years in prison after guilty pleas this morning in Genesee County Court to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

Samuel G. Malone, 27, who lived on Walnut Street, but said in court this morning that he's now living at a rehab facility, was originally indicted on the attempted burglary charge as a "John Doe," because all investigators had was DNA evidence.

After Malone was convicted on a felony in another county, police were able to match his DNA to blood found on a broken window at 112 Ellicott St., Batavia, which was then the Ponderosa Steakhouse.

There was no apparent entry at the Ponderosa location and nothing was reported stolen.

But there were other burglaries in 2008, such as Clor's Meat Market, then on Pearl Street in the city, that investigators were able to link to Malone.

Malone will be sentenced Nov. 7.

The following people were arrested during the Uproar Festival at Darien Lake Performing Arts Center on Sunday.

Zachary T. Pabst, 19, Ryan Street, Buffalo, is charged with DWAI drugs and unlawful possession of marijuana after allegedly operating a motor vehicle entering the concert parking lot while under the influence of a drug. He was also found in possession of marijuana.

Louis R. Lopez, 18, Williams Street, Cheektowaga, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Hannah J. Eisenbaum, 19, Oak Wood Avenue, East Aurora, is charged with unlawful possession of marijuana and possession of alcohol under age 21 after allegedly being found in possession of marijuana and alcohol being under age 21.

Koree A. Hubbard, 19, Wellington Drive, Derby, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Emily M. Bartlett, 20, Cambier Road, Newark, is charged with criminal possession of a weapon, 4th, unlawful possession of marijuana and possession of alcohol under age 21 after allegedly being found in possession of a metal knuckle knife, marijuana and alcohol being under age 21.

Alexis J. Keller, 20, Hydesville Road, Newark, is charged with unlawful possession of marijuana and possession of alcohol under age 21 after allegedly being found in possession of marijuana and alcohol being under age 21.

Glenn M. Shaw, 23, Meadow Drive Alden, is charged with disorderly conduct after allegedly pushing a deputy while being escorted from the venue.

James M. Anderson, 21, Haines Street, Kane, Pa., is charged with trespass after allegedly jumping a fence into the concert venue.

John T. Polak, 29, South Western Blvd., Hamburg, is charged with trespass after attempting to reentering the concert venue after being previously ejected and told not to return.

The following people were cited for alleged possession/consumption of alcohol under age 21.

Justin A. Russell, 20, Fredericka Street, North Tondawanda
David A. Daugherty, 20, Maida Drive, Spencerport

The turnout for the Uproar Festival at Darien Lake Performing Arts Center was moderate -- something over 6,000 paying customers, but those who did make their way to the venue surely weren't disappointed. There was plenty of quality music for the punk/grunge/heavy rock fan.

There were also activities and merchant booths to amuse concertgoers between acts.

While some might think all the of the action was on the main stage, the secondary change may actually have been more entertaining. The bands there were Cry to the Blind, the Chuck Shaffer Picture Show, Dead Daisies, Middle Class Rut, New Politics and Walking Papers.

The Dead Daises are an interesting act -- kind of a super group, though most fans would readily recognize the names of band members, they've all performed on hit records. The Dead Daisies are billed on the band's Web site as a project of former Guns and Roses guitarist Slash, but performing on lead guitar in Darien on Sunday was Richard Fortus, who has also taken on lead guitar duties with Guns and Roses.

Walking Papers was another experienced, tight band that knows how to put on a live show.

Definately in the up-and-coming category is the Chuck Shaffer Picture Show. 

New Politics was entertaining, to say the least, and has a bit of an old-school British Punk vibe to their music.

On the main stage there was Circa Survive, Coheed & Cambria, Jane's Addiction and Alice in Chains.

Great performances all the way around, of course, but it was something special to see Dave Navarro (guitarist, Jane's Addiction, top photo) perform live.

You won't see photos of Alice in Chains here. The band's management insists on pre-publication approval of photos. I won't sign such an agreement. My deal is, I won't tell you what songs to play and you don't tell me what photos to shoot.

Perry Farrell, Jane's Addiction.

Adam Gilbert, drummer with the Chuck Shaffer Picture show.

Richard Fortus, lead guitar, Dead Daisies.

Middle Class Rut

Søren Hansen, guitarist, New Politics.

Anthony Green, Circa Survive.

Claudio Sanchez, Coheed & Cambria.

Claudio Sanchez, Coheed & Cambria.

Active duty service members Kyle A. Shrum and Nicole L. Woodard were married Saturday in Oakfield's Memorial Park.

Nicole's grandmother Bonnie Gendron said it's the first wedding held in the park.

The couple met at the Army's Fort Gordon in Augusta, Ga., and Kyle, 19, is from VanBuren, Ark., and Nicole, 19, is from Oakfield.

UPDATE: Melissa Baker says that there was at least one more wedding in Memorial Park before this one.  That was the wedding of her sister, Tiffany Reynolds and Koree McAlister. McAllister is an active Marine and both are from Oakfield. They were married last summer in Memorial Park.

Wedding photo by Heartmade Photography. Photos and information submitted by Bonnie Gendron.

The first time I saw a house finch I thought I was looking at a sparrow/cardinal hybrid. Like many song birds, this one perched in our apple tree no doubt looking for insects.

Having spotted me, he immediately took what he felt was appropriate action............

As I understand it, this bit of displaying is something birds do to mark their territory to intruders or in hopes of attracting a mate.

Here's a literal bird's eye view of a visitor whose incessant squawking often gives him away long before he comes into view...........

unlike other songbirds, the noisy Bluejay didn't come here in seach of bugs. The apple tree is lush this year and no doubt he's here to gorge himself on fresh fruit. He must have been hungry -- despite my close proximity, he refused to leave.

For the past couple of weeks this little songster had been singing its heart out, while hidden amid the apple tree foliage. Its song was pleasant, and a sound I either had not heard before or perhaps just hadn't been mindful of. Try as we might, Claudia and I were unable to get a look as it flitted from branch to branch. If we attempted to move in for a closer it would fly off into an adjoining woodlot.  

As I took its picture it began belting out the same melody we had been hearing previously....... the closest resembling photo I could find in either the Smithsonian or Audubon field guides indicated it might be a Veery thrush. Still not certain, but its sound was most pleasing to the ears.    

Buffalo News: Holder proposes drug sentencing policy reforms

Frances McClellan, the 81-year-old driver who reportedly pulled in front of a bus last Wednesday in Darien, succombed on Thursday to critical injuries suffered in the crash, according to State Police.

She was being treated for head trauma at Erie County Medical Center, where she was taken by Mercy Flight following the acccident on Route 20 at Tinkham Road.

The sole passenger on the bus, Stephen Smith, 58, of Bath, suffered a minor leg injury and was treated at the scene. Bus driver Jeremy Hill, 34, of Bath, was not injured.

A motorcyclist has crashed and is injured at 7162 Lyman Road in Bergen. Mercy medics and Bergen fire are responding. The location is between West Bergen and Beaver Meadows roads.

UPDATE 11:13 a.m.: The rider of the black Suzuki is a male who is conscious and alert but has numerous scrapes and scratches to his head and legs.

UPDATE 11:18 a.m.: One of the lanes of traffic is blocked.

UPDATE 11:36 p.m.: The patient is being transported to Strong Memorial Hospital. Someone is coming to remove the motorcycle from the roadway. The Bergen assignment is back in service.

John Bisig took this nighttime photo of the Elba Onion Festival around 8:30 while flying over in his powered parachute on Saturday.

Kayla Casper, center, is the new Elba Onion Queen. She's joined by her court, Joyce Tristan and Katie Horton.

To purchase prints of these photos, click here.

There was a big turn out today in Batavia for the WNY Round-Up Rally.

Every year, guests of Skyline Campground in Alexander square off against guests of Lei-Ti Campground in Bethany in a horseshoe tournament. Today was the first meeting of the two teams this year at Skyline. Next week, the tournament moves to Lei-Ti.

Featured in our shots are George Siano, of Florida, and Roy Hovey, of Rochester.

Skyline's cheering section doing the wave.

While out in Darien this afternoon, I spotted Cody Fowler and Jeremy Schulz out with a couple of old-school mini motorbikes. I snapped a couple shots of them on Tinkham Road. Fowler said he bought the two bikes a couple of weeks ago for $50. They needed some tinkering to get running, but now they're roarin'.

Dylan Maychoss, of Pembroke, and Zoe Thayer, of Pembroke, were at the Darien Lakes State Park this morning on the park's disc golf course to practice their game, getting tips from pro Paul Stephens.

Someone hitched a ride on a CXS train and the engineer called dispatch, asking that an officer be sent to where it will be stopping in a couple of minutes at the Wilkinson Road crossing in Batavia. The engineer wants to speak with the alleged scofflaw, who is said to be riding behind some semi-trailers the train is hauling.

UPDATE 2:50 p.m.: An agent for CSX is going to the State Police Barracks in Batavia to press charges against the suspect.

A motor-vehicle accident with injuries is reported at Route 237 and Warboys Road. Byron Fire Department and Mercy medics are responding. There are two victims and one of them is trapped in a vehicle and extrication equipment will be needed. Mercy Flight out of Buffalo is available if needed.

UPDATE 12:17 p.m.: Mercy Flight is not needed. The vehicle is now open which had entrapped the patient.

UPDATE 12:19 p.m.: Two ambulances are requested to the scene. Fire police from Byron and South Byron are called in.

UPDATE 12:21 p.m.: Byron command requests all units en route to come in non-emergency mode.

UPDATE 12:29 p.m.: Mercy medics are back in service. One flatbed tow truck is requested.

UPDATE 12:52 p.m.: An 81-year-old male with back and shoulder pain is being transported to UMMC. All responding units are back in service.

The owner of a building on Lehigh Avenue discovered this morning that overnight about 20 windows on the south side of the structure were broken out.

Police are investigating, but suspect some kids in the neighborhood.