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Photos: Working in the heat

By Howard B. Owens

Wednesday, I started a project about people working in the hot weather -- breaking news has gotten in the way of finishing it in the way that I planned.

I did get a chance on Wednesday to talk with David Bogue, a local UPS driver, Paul Bernardini, co-owner of Pauly's Pizza, and Jeff Wuest, owner of Excel Fence Company.

All three talked about the need to stay hydrated.

Bogue's truck doesn't have air conditioning and he's in and out of the hot weather all day, constantly moving.

"(Staying hydrated) is about all you can do in this," Bogue said.

Pauly's on Wednesday was, well, hot, like a pizza kitchen. 

"On a day like today, you wish it were December," Bernardini said. "There's not much you can do when it's 90 degrees outside. It's 100 degrees inside with the ovens going. You can walk into any place in town right now and it's going to be hot."

Bernardini said he makes sure he and his staff drink lots of fluids on hot days because there is no escaping the heat.

Wuest (above right, with Justin Finch, left) said dealing with the heat is just part of the job for him and his employees.

"We pack a cooler full of water and try to work at a steady pace," Wuest said. "We try not to over exert ourselves. We try to grab shade where we can and take breaks. Make sure to put sun block on and all that good stuff."

Photos: Concrete poured for new South Beach patio

By Howard B. Owens

The concrete has been poured for the new South Beach patio and owner Ken Mistler said the patio will be open for business in two weeks "at tops."

After the concrete was poured and hardened a bit, it needed to be watered for several hours to help it dry slower and set harder.

Below, pictures submitted by Mistler of the work in progress.

Mercy Flight dispatched to Bergen

By Howard B. Owens

Mercy Flight is being dispatched to the Bergen Fire Hall for an unknown incident on West Sweden Road near the old railroad bed.

Bergen Fire Department is on scene.

Churchville fire requested to the Bergen Fire Hall to set up a landing zone for Mercy Flight.

A Mercy EMS ambulance is in route to the scene.

UPDATE 11:44 a.m.: Mercy Flight on the ground.

UPDATE 11:52 a.m. (by Billie): Mercy EMS is at the scene now and assisting Mercy Flight. A tow truck is requested.

UPDATE 12:04 p.m.: Mercy Flight is airborne to Strong Memorial Hospital with one patient on board.

UPDATE 12:29 p.m.: This was a car vs. motorcycle accident in which a 14-year-old Rochester girl suffered a broken leg and abrasions. She reportedly was riding the trail in Linear Park and crossed West Sweden Road when she was struck by a 2009 VW sedan. No one else was injured.

Seven arrests, seven citations at Motley Crue concert at Darien Lake

By Howard B. Owens

The following arrests were made in connection with the Motley Crue concert at Darien Lake Performing Arts Center on Friday.

Ricky I. McAllister, 24, of 2nd Avenue, Albion, Pa., is charged with trespass. McAllister allegedly refused to leave the concert venue after being told to leave many times. He was jailed on $350 bail.

Ryan J. Vanandel, 25 of Russ Road, Grimsby, Ontario, Canada, is charged with disorderly conduct. Vanandel allegedly urinated in public. He was released on $100 bail. 

Thomas S. Ashby, 27, of Wexford Place, Webster, is charged with harassment, 2nd. Ashby is accused of pushing a security guard while being ejected from the venue. 

Matthew A. Rodak, 38, of Jerico Road, Bergen, is charged with harassment, 2nd. Rodak is accused of shoving a security guard while being ejected from the venue. 

Christopher M. Jensen, 37, of E. Water Street, Waterloo, is charged with trespass. Jensen allegedly entered the concert area after being ejected and told not to return.

Jacob A. Steger, 30, of Buffalo Road, Alleghany, is charged with disorderly conduct. Steger allegedly fought with concert security.

Regy M. Root, 36, of Coneflower Drive, West Henrietta, is charged with trespass. Root allegedly returned to the concert area after being ejected and told not to return.

The following people received citations for allegedly consuming alcohol under age 21.

Geoffrey R. Buckert, 20, Henry Trail, West Henrietta
A 16-year-old, of Duxbury Road, Rochester
Dylan D. Scott, 18, of Long Meadow Drive, Rochester
Joseph B. Devlin, 18, of Indian River Line Road, Indian River, Ontario, Canada
Ryan J. Devlin, 20, of Division Road, Indian River, Ontario, Canada
Gregory D. Watts-Barr, 20, of Kildare Road, Peterborough, Ontario, Canada
William J. S. Towns, 20, of Center Road, Lakefield, Ontario, Canada

'Ride of Steel' reopens after Darien Lake cited for alleged lack of operator training by NYS

By Howard B. Owens

Two weeks after a disabled Iraq War veteran fell to his death from the Ride of Steel at Darien Lake, the ride was reopened shortly after a late afternoon press conference. The park's manager refused to answer questions about what ride operators said about their interaction with Sgt. James Hackemer.

What did they ask and what was said? Local and regional reporters tried at least six times to get answers and failed. General Manager Christopher Thorpe said he wouldn't "speculate" on what transpired on the ride's boarding platform.

"I don’t want to speculate as to what they knew or didn’t know, nor do I want to speculate as to the thought process of Sgt. Hackemer," Thorpe said.

Reporters told Thorpe they didn't ask him to speculate. They wanted to know what ride operators actually said about what happened July 8.

"That part of our investigation will remain confidential because it’s speculation," Thorpe insisted. "I don’t want to speculate on what was said or done, or what was behind the thought process of those individuals on that ride because I don’t know."

Earlier Thursday, the NYS Department of Labor issued two citations to Darien Lake Theme Park, placing the blame for Hackemer's death on improperly trained operators. The DOL said that operators were unfamiliar with the safety requirements of the Ride of Steel.

Even so, Thorpe maintained today that the operators had been trained.

"Our employees are trained and certified in the rules for the Ride of Steel ride, but for reasons that we will never fully understand, Sgt. Hackemer was allowed on the coaster," Thorpe said.

He emphasized that the Ride of Steel is mechanically sound and that Darien Lake has a long track record of operating rides safely.

"More than 35 million guest since 1964 have come to Darien Lake," Thorpe said. "This is the first ever ride-related death. As a native Western New Yorker, and as a father myself, I can assure you there is nothing more important than the safety of our guests."

Darien Lake has initiated enhanced training and safety procedures.

All 15 staff members who work on the Ride of Steel were "re-certified" in the safe operation of the ride, ensuring, Thorpe said, a comprehensive understanding of its restrictions and rules. The operators will be thoroughly tested verbally, in writing and through practical exams by auditors on the correct rules and procedures of the Ride of Steel, as well as the other rides in the park.

An safety auditor position has been created.

And while both the entrance and the exit of all rides had signs outlining safety rules -- and the Ride of Steel had an audio warning for guests that included a warning about physical disabilities -- new signage has been added with a safety message specifically for riders with disabilities.

"We have worked methodically with the Department of Labor to ensure this will never happen again," Thorpe said. "To that end, we’ve looked at our existing policies and procedures and enhanced our training to include recertification, increased audits and then to ensure increased information for people with disabilities."

Before boarding a ride, guests with disabilities can pick up a pamphlet outside the ride that explains the physical requirements for all rides. The information is also now posted on the Darien Lake website.

The operators were all 18 years of age or older, Thorpe said, but he wouldn't discuss them in any detail citing privacy concerns. He declined to answer any questions about whether they are still employed by Darien Lake or whether they were disciplined.

Meanwhile, WGRZ reports that somebody is preparing for a possible lawsuit in the case because a prominent Buffalo law firm contacted the news station asking for footage related to the story. A legal expert told WGRZ that the request indicates either somebody is preparing to file a site or, if Darien Lake hired the firm, the theme park is preparing to fight a lawsuit.

Former Boulder Park falling further into disrepair, but Thursday's fire did little damage

By Howard B. Owens

What's left of a once popular amusement park in Indian Falls was largely undamaged by a late evening fire along Phelps Road.

One small structure -- impossible to tell what it once was -- was charred while several structures remain, though largely overgrown by brush, vines and trees.

The causes of the fire, which was reported at 9:01 p.m., remains under investigation. 

The park, locally known as "Boulder Park," opened in 1949, the brainchild of Phil Morrot. Historians know it as "Morrot's Boulder."

While the park featured a miniature steam train and a Ferris wheel, the highlight of the park was reportedly its merry-go-round.

The carousel -- designed by Phil's sister, Emily Bourgard, and built by the Herschell Company -- was a menagerie of animals, including 32 horses, a lion, tigers and a giraffe.

The park was sold in the 1960s, fell into disrepair and was closed by 1970, at which time the animals of the carousel apparently went missing.

An Indian Falls resident, Cindy Henning Hanks, published a book in 2003 about the carousel and what happened to the animals. She's been able to track what happened to all but three of the wooden, hand-carved beasts.

According to her website, the giraffe sold at auction a few years ago for $51,000.

According to a Sheriff's Office report, the property is currently owned by Kelkco, LLC, out of Clarence Center.

The fire is being investigated by Deputy Kevin McCarthy.

Pictures below were taken today.

Man hit by wife's car jailed, accused of damaging car with an object

By Howard B. Owens

A domestic dispute in Alexander on Thursday started out as a report of a wife running over her husband with her car and ended for him with a trip to the Genesee County Jail.

Jerod Norcross, 33, formerly of Attica and currently believed to be a resident of West Virginia, suffered a couple of cracked ribs when the side-view mirror of his wife's Toyota struck him, as well as a contusion to his foot when a tire backed over it.

Norcross is accused of taking an unknown object and smashing in the back windshield of the car and cause other damage to the car's body.

After being transported to UMMC by the Alexander ambulance, Norcross was treated and released. Upon release from the hospital, Norcross was arrested by a trooper and arraigned in Alexander Town Court.

He was charged with criminal mischief, 3rd, and jailed on $2,500 bail.

The investigation is ongoing and additional charges are pending, according to State Police Sgt. Sam Taglienti.

The wife was not charged because it's not believed she intentionally tried to hit her husband, Taglienti said. She was reportedly trying to get away from him and he was allegedly trying to stop her.

The type of object that Norcross allegedly used to smash the back windshield has not been determined, Taglienti said. It hasn't been found.

The couple formerly lived in Attica, according to Taglienti, and moved to West Virginia and were in Alexander visiting family.

Drivers from July 7 accident on Indian Falls road both remain hospitalized

By Howard B. Owens

The drivers of both vehicles involved in a two-car, head-on collision on Indian Falls Road on July 7 remain hospitalized but their health is improving.

Donald Sage, 70, of Judge Road, Oakfield, remains in intensive care at Strong Memorial Hospital. 

On a website set up by Strong for family members to share information about loved ones, his daughter reports that Sage recently was able to breath for 27 hours without a respirator. Sage suffered internal injuries and a broken arm.

Meanwhile, investigators were finally able to talk with Sonya M. Charache, 30, of Gorton Road, Alabama, a couple of days ago, according to Chief Deputy Gordon Dibble.

Charache is in intensive care at ECMC. (A family member reports that Sandra is out of intensive care, though will remain hospitalized for some time.)

Dibble said, as is common in traumatic accidents, Charache is unable to remember the accident.

Investigators are analyizing data from the computers on the vehicles, but that information will only get them so far in determining what happened, Dibble said.

"They can tell you about speed, braking and seat belts," Dibble said, "but they can't tell you why a driver crossed over into the other lane. We still don't know what caused the accident."

More than 100 firefighters battle barn fire in Elba under harsh conditions

By Howard B. Owens

Basic elements -- wind, water and fire -- were all critical factors in a blaze that destroyed a 160-year-old barn on Batavia-Elba Town Line Road on Thursday afternoon.

The Elba fire was called in at 4:15 p.m. and the first Town of Batavia chief on scene reported only smoke coming from the barn.

Two minutes later, flames began shooting out the front door of the barn and within another minute they covered nearly a quarter of the roof. Even a quick response by a group of Genesee County volunteer fire departments couldn't beat the windswept flames from engulfing the front barn of Post Farms and spreading to a second attached barn.

Complicating matters for firefighters was the lack of public water on Batavia-Elba Town Line Road. 

Eventually, Elba Fire Chief Brian Russell would request every single tanker from all 17 fire departments in Genesee County to the scene along with tankers from Orleans, Livingston and Wyoming counties, not to mention a couple of milk trucks drafted into duty to bring water from nearby ponds.

"When you’re flowing this much water on a barn fire you just go through water really quick," Russell said. "It just takes time to fill up the trucks and bring them back in."

In temperatures that exceeded 90 degrees and humidity that raised the heat index above 100, water was also essential to firefighter safety. First, Elba's auxiliary brought in refreshments and then the Salvation Army set up a rest and recovery station. A portable pool was also set up that firefighters could get in as a way to cool off.

More than 100 firefighters responded to the scene. The large contingent helped ensure crews could remain fresh.

"You’re wearing a lot of equipment and a lot of gear," Russell said. "It doesn’t take long for a body to get overheated."

Russell was grateful for the mutual aid from more than 20 departments throughout the region.

"Mutual aid is key in any situation like this, from manpower, the other trucks, water, you’ve just got to have the other departments responding," Russell said.

A Sheriff's Office investigation concluded that the fire started by exhaust from a skid loader in one of the barns.

The barn was full of hay and straw, which complicated firefighting efforts even further.

The barns are part of Post Farms, a dairy farm. The second attached barn contained calves. They were all evacuated safely. No livestock was hurt as a result of the fire.

One firefighter suffered a minor case of heat exhaustion and was taken by Mercy EMS to UMMC. He is reportedly fine.

The Post Farm has been in the family since the 1890s, when Stu Post acquired it. It's currently owned by Jeff Post.

His grandmother, Louise Post, spoke with reporters and the family is devastated by the loss of the barns and the contents.

"I think they are all very sorry to have this happen, not only the ones who work here, but the remainder of the family," Louise said.

"We lost a lot of history and a lot of product," she added.

While the fire was in progress, neighbors complained about the water situation on Batavia-Elba Town Line Road. The fire, they said, is exactly why either the Town of Batavia or the Town of Elba needs to bring public water to the road.

Plus, the well water on the road is undrinkable.

Douglas Clark and his wife said they've been drinking nothing but bottled water for 15 years, and when farmers are spreading manure, their bathing water smells pretty bad.

"I also work with these farmers and I support these farmers, so what am I supposed to do?" Douglas said. "The town ought to put water right down this road."

(Initial Report)

Below is a slide show of more than 60 photos from the fire. Click on the button in the lower right to expand to full screen mode. Pictures may be purchased by clicking here.

Grass fire reported in Indian Falls

By Howard B. Owens

A grass fire has been reported at the intersection of Route 77 and Phelps Road.

Indian Falls and Pembroke fire departments dispatched.

Newstead, standing in for one of the departments, standing down. Akron, standing in, is responding.

UPDATE 9:14 p.m.: Pembroke, Indian Falls, all available manpower requested to the scene. The location has been identified as "Boulder Park." There is a 30-by-50 foot area on fire several yards from a building.

UPDATE 9:16 p.m. "There are remains of a structure that is involved now." Also, law enforcement requested to the scene.

UPDATE 9:18 p.m.: Corfu, returning from Elba, called the Indian Falls chief and asked if he needed a hand. One word answer: "Yes." Corfu fire in route.  

UPDATE 9:27 p.m.: Poles, rakes and a chainsaw needed to help clear a way to get to the structure. Lights being set up to illuminate the scene.

UPDATE 9:43 p.m.: Fire is out.

UPDATE 10:08 p.m.: Corfu back in service. Road reopened.

Video: Staying safe in hot weather

By Howard B. Owens

In case you haven't noticed, it's hot.

The current temperature is in the mid 90s with a heat index over 100 degrees.

An excessive heat warning is in effect until 7 p.m.

For the next 10 days, at least, there is no relief from the heat in sight, unless you consider 87 degrees instead of 90 to be relief.

This morning, we did a quick video with City of Batavia Fire Chief Jim Maxwell about staying safe in hot weather.

Bergen mother saves toddler after finding child not breathing in small pool

By Howard B. Owens

A mother in Bergen this afternoon managed to revive her toddler after finding the 2-year-old girl face down and not breathing in a wading pool behind her trailer.

The girl was transported to Strong Memorial Hospital and is expected to be fine, according to officials.

The initial call of a 2-year-old drowned came in shortly after 3 p.m. today and units from the Sheriff's Office and Le Roy Ambulance responded to the scene in a small trailer park on a horse ranch at 7302 Griswold Road, Bergen.

While dispatchers were on the phone and preparing to provide CPR instructions to the mother, the mother resuscitated her child.

"It was very good news that mom was able to bring her back, to resuscitate her, and it looks like she will be fine," said Sgt. Greg Walker, of the Genesee County Sheriff's Office.

Walker described the pool as a small, rubber inflatable pool.

Walker said the child, whose name is not being released, was taken to Strong by Le Roy Ambulance to check for fluid in her lungs and ensure she's in good health.

Registration for Batavia Youth Football is Friday and Saturday at City Centre

By Howard B. Owens

Just because it's hot and muggy doesn't mean it's not too early to start thinking about football, Batavia Youth Football, that is.

BYF is conducting registration for its 48th season Friday and Saturday at Batavia City Centre in the main concourse.

Children ages 7 through 13 with a weight between 45 and 130 lbs. are eligible.

There are three divisions, ages 7 and 8, ages 9 and 10, and ages 11, 12 and 13.

Cost is $85 per player. 

All games are played at Lions Park with the season opener Sept. 3. The season runs through October.

Practices begin Aug. 8 with a scrimmage and picnic at Kibbe Park on Aug. 27.

A birth certificate and weigh-in is required at sign up.

The registration on Friday and Saturday will be the last two days to register for BFA.

Sign ups on Friday are from 6 to 9 p.m., and on Saturday, from 10 a.m. to 2 p.m.

On those days, children may also register for cheerleading. The is is $65 and registration will be capped at the first 150 to sign up. Cheerleading is open to children age 7 through 13.

For more information, contact Steve Grice at 344-4636 or byfinc@gmail.com.

Councilman Cox planning to move his label making company into town's new ag park

By Howard B. Owens

In business, it often comes down to location, and Bill Cox thinks he's found the perfect location to move his business -- to the new Genesee Valley Agri-Business Park.

"I have the opportunity, if all the stars align, to do a significant amount of business (in the new park)," Cox said following a Town of Batavia Planning Board meeting Tuesday evening.

The board approved a site plan for Cox to build a 5,002 sq. ft. facility on two acres of land just inside the new park.

There had been some question as to whether Cox's business, Marktec, was sufficiently agriculture related to be allowed in the park, but Cox said almost all of his customers are food processing companies.

Marktec makes the machines that encode information -- the little laser-printed use-by dates -- on food and beverage packaging.  

The Batavia city councilman currently has an office on Ellicott Street across from the Chapin plant and Oatka Milk headquarters. Moving into the town, Cox said, is going to help him convert new tenants of the agri-park into customers.

Being right in the park will give Marktec greater visibility with the food processing companies anticipated to move in. (So far, only Alpina Products has committed to building in the agri-park.)  That should translate into more sales of his high-speed label machines. It will also give food processing companies a convenient local vendor for supplies and service of existing equipment.

Chris Suozzi, VP of business development for Genesee County Economic Development Center, said Marktec fits well with the proscribed types of businesses being allowed into the ag park. The parcel Marktec will build on is also not prime real estate. While it's near Route 5, it's not right at the entrance and the location is not well suited for construction of a manufacturing facility.

Cox said he is founder, sole owner, president and chief sales person for Marktec, which has been in business for 28 years.

The company currently has four full-time and one part-time employees. With the move, Cox said he anticipates hiring another salesperson and a second full-time tech within the next three years.

Police Beat: Man accused of forcing child from a chair

By Howard B. Owens

Shawn Michael Twardowski, 28, of West Main Road, Batavia, is charged with endangering the welfare of a child. Twardowski is accused of telling an 8-year-old child to get out of a chair. When the child refused, saying she was saving the chair for her mother, Twardowski allegedly grabbed the the back of the chair and forcibly ejected the child from the chair. The child suffered a minor leg injury.

Christopher Michael Smith, 17, of Porter Avenue, Batavia, is charged with two counts criminal mischief, 3rd. Smith is accused of causing more than $250 damage to vehicles parked at 8039 Oak Orchard Road (Godwin Pumps) on Tuesday evening by spray painting the hood and sides of two different utility work trucks. Smith is also accused of stealing a vehicle from 7993 Call Parkway, Batavia (Ashley Furniture) and crashing it into a wall, causing damage to both the truck and the building. Smith was jailed on $10,000 bail.

Brian K, Dyer, 44, of 3 Dewey Ave., Batavia, is charged with felony DWI. Dyer was reportedly stopped at 9 p.m., Tuesday, on Dewey Avenue by Officer Chris Camp. Dyer reportedly has had a DWI conviction within the past 10 years. Following arraignment in Batavia City Court, Dyer was held in jail without bail.

Strong spokeswoman says, 'Batavia Police did their jobs' in notifying hospital

By Howard B. Owens

Strong emergency personnel did receive notice from Batavia Police that a 49-year-old Le Roy woman hit by a car on East Main Street last week did show signs of maybe trying to harm herself, a spokeswoman said this afternoon.

Strong's Director of Communications Teri D'Agostino called The Batavian to report that upon a deeper review of the charts for the patient, it's clear emergency room personnel received a phone call from a Batavia Police officer about the accident investigation.

Several witnesses told police that the woman appeared to have intentionally stepped in front of a car at the intersection of East Main and Elm streets.

Based on an earlier, quick review of documents, the hospital concluded staff had not been notified. We reported that finding yesterday, which contradicted statements from police supervisors.

When D'Agostino called today, she apologized several times for providing incorrect information.

"We've had further opportunity to talk with staff about this particular patient care and it's very clear that the Batavia Police did their jobs," D'Agostino said. "Our staff did know about the information that she may have intended to harm herself."

D'Agostino said the hospital is doing a thorough review now trying to understand the interaction between the patient, her family and medical staff.

"We're trying to understand how that information was used and how it was incorporated into the treatment in the emergency room," D'Agostino said.

The woman, whose name has not been released by authorities, killed herself Saturday morning, less than 48 hours after being admitted to Strong.

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