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Working structure fire on Hutchinson Street in Pavilion

By Billie Owens

A working structure fire is reported on Hutchinson Street in Pavilion. Stafford, Bethany and Le Roy fire departments, along with York, are responding with Pavilion. Bergen is asked to fill in at the Le Roy Fire Hall. They are on the second floor at this point checking for extentions.

UPDATE 12:15 a.m.: The fire is pretty well knocked down. The exact address is 6918 Hutchinson St. Two Rochester & Southern trains scheduled to run by soon are asked to slow it down. National Grid is called to the scene along with Salvation Army, the latter to provide refreshments.

UPDATE 12:19 a.m.: Interior crew reports no sign of fire extension on second floor, "must be in the attic." They are opening up the roof to vent the structure. "We can find no way into the attic from the second floor." Command reminds tankers not to park on the railroad.

UPDATE 12:22 a.m.: The city's Fast Team is requested to the scene.

UPDATE 12:24 a.m.: No response from Salvation Army, calling the Pavilion Auxiliary instead. "We're exiting the building. There's nothing we can do up here," says the fire chief regarding the interior crew.

UPDATE 12:28 a.m.: They cut a hole in the ceiling and reported seeing nothing, but a thermal camera shows fire and heat "in the eaves in the eastside." Subsequenty, fire "self-venting through the roof." Interior crews are exiting the house. "There's nothing we can do up here." Initially, flames were seen shooting out the back of the three-story house.

UPDATE 12:33 a.m.: A Mercy rig was called in by fire command for a firefighter, unknown injuries, now a second rig is called for a second patient, told to go Route 19 to Route 63, past the Pavilion Bank.

UPDATE 12:36 a.m.: All crew members are accounted for and out of the structure. They are trying to cool the attic in order to get a crew back up in there.

UPDATE 12:39 a.m.: The American Red Cross will likely be needed to respond, says the chief. Howard, at the scene, reports a small terrier-type of dog came running out of the house and was scooped up by a firefighter and handed over to its owner.

UPDATE 12:46 a.m.: The train company is contacted and asked to stop the trains scheduled to pass through on Hutchinson Street.

UPDATE 1:03 a.m.: The power company is there now and has shut off power to the house.

UPDATE 3:44 a.m.: Pavilion leaving the scene, all units back in service.

Rosenbeck responds to Hawley's defense of COR tax breaks

By Howard B. Owens

Jim Rosenbeck, a member of the Genesee County Libertarian Committee who's planning a run for an at-large seat on the City Council, submitted this response to Steve Hawley's defense of the COR Development tax breaks:

I often agree with Steve Hawley, as Libertarians often do, when republicans champion fiscally responsible positions. But that wasn't the case on May 17th. That day, Mr. Hawley put out a press release lauding GCEDC's successful effort to offer abatement of taxes to COR Development. COR will in turn use those subsidies to offset costs of remodeling their property in the Batavia Towne Center in order to fit the needs of the next tenant, Dick's Sporting Goods. In exchange for tax abatements approaching 2 million dollars, we are promised new local jobs and additional sales tax revenue.

As I recall, we heard that same promise once before when COR received six million dollars in tax abatement to develop their property for among others, the long gone Lowes Corporation. So now, we double down on our bet, while we hope and pray that Dick's Sporting Goods delivers as COR has promised. But let's look a bit closer at these promises. Is COR or Dick's promising full-time jobs? Are they full-time jobs that also pay a living wage? No, of course they aren't. During their public hearing COR talked in terms of full-time job "equivalents." That is corporate double talk for part-time and low-wage jobs, the kind of jobs that are fine for students but don't work so well for single moms who need to pay the rent. That is the dirty little secret that COR won't tell you and Dick's won't tell you, and sadly on May 17th, Steve Hawley also neglected to tell you. To add insult to injury the most handsome job created by GCEDC goes to the guy with the greatest vested interest in perpetrating the illusion of quality jobs. Yes, the best job that GCEDC has created to date is the one that is held by its President and CEO Steve Hyde.

But let's not forget the promise of sales tax revenues. Are we significantly increasing the size of the sales tax pie by subsidizing the development of Dick's Sporting Goods? I wonder. I would like to know what portion of any sales tax revenue produced by Dick's would still have been realized from a similar sale at Olympia, T-Shirts Etc., Barrett's or perhaps Fisher Sports. No one knows. For COR to promise significant increases in tax revenues is at best speculative and certainly self-serving. We should remain skeptical whenever we are promised sales tax revenue and jobs with one hand while the other hand lobbies our County Legislature for nearly a quarter of a million dollars for its own funding next year.

Growing government through Economic Development Corporations (EDCs) in order to address the problems created by big government....high taxes, over regulation, cumbersome bureaucracy is simply counter intuitive. Our economic problems are systemic. They are symptomatic of a state government gone awry. I am unwilling to accept that the answer to big government is to create a whole new bureaucracy with a CEO making close to a quarter of a million dollars a year. We need to stop creating the good jobs on the backs of the taxpayers  while promising a small sliver of the pie to the people who pay the bills. I am not ready to pretend differently. I am not ready to concede hope that we can do better. What we need is more truth and transparency in our government, not more promises that may or may not be kept. I agree with Steve Hawley much of the time. This time, I don't.

Photo: Sweat Pea's now serving ice cream

By Howard B. Owens

Sweet Pea's Cupcakery Café, on Jackson Avenue, has something new just in time for summer: soft-serve ice cream.

It's very good.

Pictured are owners Lyndsey Oliver-Farewell and Travis Farewell.

Batavia PBA announces annual fundraiser

By Howard B. Owens

Press release:

The Batavia Police Benevolent Association will be conducting a fund-raising event this summer, starting in May. The P.B.A. will be sending out mailings to the community in an effort to help raise money, which it uses to support various groups. For years, the Batavia P.B.A has helped fund programs in and around Batavia, such as numerous youth athletics, senior citizen groups, and community programs. We encourage all to help us continue our efforts in serving the community. We will not be making any solicitations by phone or in person. Should anyone have questions regarding this event, please contact one of our members, or mail us at: Batavia P.B.A., P.O. Box 299, Batavia, New York, 14021.

GCC receives grant to help start food processing technology courses

By Howard B. Owens

Press release:

Genesee Community College has received a highly competitive $238,719 State University of New York "high need" grant to help the College establish its proposed new Food Processing Technology program, President James M. Sunser reported to the Board of Trustees at its May 13 meeting.

The program is expected to begin in Fall 2014. It will prepare students to work in the rapidly growing food processing businesses located throughout the Genesee-Livingston-Orleans-Wyoming region. The program will be the only one of its kind offered at any of SUNY's 30 community colleges.

The grant, which will be paid over three years, will provide seed money for the program, said Rafael Alicea-Maldonado, Ph.D., dean of Math, Science and Career Education. In addition to helping the College fund a new faculty position, the grant will enable the College to upgrade a microbiology lab to meet the needs of the new food processing technology program.

Food technology jobs in the GLOW region and across Upstate New York are being created every year, Dean Alicea-Maldonado said. They include jobs such as storage specialists, regulatory experts, safety experts, logistics and transport specialists, packaging specialists, plant operations managers, quality control technicians, account representatives, production supervisors, and many others.

Genesee's new Food Processing Technology program will offer an Associate in Applied Science (A.A.S.) degree. The 63-credit program consists of courses in food processing technology, sanitation, hazard analysis, operations management and food labeling. It also consists of business courses, biology, chemistry, physics and statistics, microeconomic theory, as well as English and liberal arts courses. All students in the program will complete a supervised internship in a real-life work setting.

Hawley calls on Cuomo to repeal SAFE Act, backed by petition with 1,050 signatures

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) recently wrote to Gov. Andrew Cuomo regarding a petition the assemblyman circulated over the last two-and-a-half months urging the repeal of the governor’s new gun control laws, which garnered 1,050 signatures. Hawley implored the governor to reexamine the process and allow his constituents to make their voices heard.

The signers are “1,050 taxpaying, law-abiding Americans who feel that their rights have been infringed upon without any increase in public safety,” Hawley said in the letter. “Their voices were not heard during the hurried passage of this law. They deserved to be heard then and they deserve to be heard now. I urge you to repeal this law and come to the table, not only with members of the legislature, but with law enforcement officials, mental health professionals and, most importantly, the concerned citizens of our community who have the most at stake when it comes to the laws of our state.”

Photo: Old iron plow for a field of corn in Oakfield

By Howard B. Owens

You don't see these old iron plows used much any more, so when I saw Mike Gibson plowing a field off Lockport Road, East Oakfield, I stopped for a picture. Gibson said he plants about three acres of corn annually that he burns in his corn-fueled heater during the winter. It's a big cost savings, he said, over the $180-per-bag price for store-bought corn.

Can you cash my check?

By Billie Owens

A caller complains to dispatch that a white male, 50ish, about 6 feet tall, is going door to door asking for cash in exchange for a check in the area of Route 5 and Keeney Road, Le Roy.

A deputy asks "Is this the same guy from earlier?" No, the dispatcher replies "That was an older male who looked like Marilyn Manson," and a deputy went looking for him and couldn't find him -- in the vicinity of Route 5 and York Road, Le Roy.

Grass fire off eastbound Thruway by State Street overpass

By Billie Owens

A grass fire off the eastbound Thruway is reported in the area by the State Street overpass. Town of Batavia Fire Department is responding.

UPDATE 11:52 a.m.: A fireman at the scene says it's a controlled burn that's being tended to. It's "a bit smoky" but is not an impediment to traffic.

Car hits tree on Jefferson Avenue

By Billie Owens

Somebody's vehicle hit a tree on Jefferson Avenue in the city by Wendy's and Tim Horton's and the tree is said to be hanging at a 45-degree angle over the roadway.

UPDATE 11:31 a.m.: It is believed that a large commercial truck that was parked in the area damaged the tree when it left and a police officer is requested to the scene.

UPDATE 11:27 a.m. (by Howard): The tree would have been planted about 2004. It would have been about two inches in diameter at the time. It's now four or five inches and would cost from $400 to $500 to replace with a tree of the same size, according to the county Department of Public Works.

Rollover accident on westbound Thruway

By Billie Owens

A rollover accident is reported on the westbound Thruway at mile marker 386.4. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 11:09 a.m.: There's one patient, the driver, who is out of the vehicle and walking around, according to a medic on scene. Only one vehicle is involved and it is partially blocking a lane of traffic. It was towing a trailer and landed on its side.

UPDATE 11:12 a.m.: The male driver will be a sign-off. Responders are directing traffic around the accident.

UPDATE 11:16 a.m.: The vehicle is a pickup truck that is "drip, drip, dripping" diesel fuel and asorbant materials will be used to clean it up.

Law and Order: Truck driver involved in accident accused of DWI

By Howard B. Owens

David E. Muffley, 63, of Druck Valley Road, York, Pa., is charged with DWI and driving with a BAC of .08 or greater. Muffley was reportedly involved in an accident at 6:20 p.m., Thursday, at the intersection of Route 63 and Route 20. Muffley was allegedly operating a loaded tractor-trailer while intoxicated and attempted to turn right onto Route 63 and struck a vehicle stopped on Route 63. The accident was investigated by Deputy Cory Mower.

Clifford Leo Regimbal, 34, of Granite Street, Webster, Mass., is charged with criminal possession of stolen property with a value of more than $3,000. Regimbal was arrested in Webster, Ma., on unrelated charges and held as an alleged fugitive from justice on the Genesee County charge. He was returned to New York and jailed on $20,000 bail. Regimbal also has warrants issued by the courts in Corfu, Alexander and Rochester.

Francis E. Ikokide, 42, of 3330 Weston Road, Apt. 316, Toronto, Ontario, Canada, is charged with aggravated unlicensed operation, 3rd. Ikokide was stopped at 6:22 a.m. on Oak Street by Officer Felicia DeGroot for alleged defective brake light. Ikokide was allegedly found to have a suspended license. Ikokide posted $100 police bail and was released.

Nicholas Christian Doell, 22, of Lippold Road, Darien, is charged with criminal possession of a controlled substance, 7th, and possession of a controlled substance not in original container. Doell was allegedly found by his probation officer in possession of controlled substances concealed in a cigarette pack at 5 p.m., Friday. He was jailed on $500 bail. (Doell was allegedly involved in a high-speed chase with deputies and tasered Saturday night.)

Amanda Rose McDonald, 31, of Cherry Street, Batavia, is charged with petit larceny. McDonald is accused of shoplifting from Walmart.

Terry Lynne Butler, 54, of Genesee Street, Le Roy, is charged with driving while ability impaired by drugs, recless driving, moving from lane unsafely and improper signal. Butler was allegedly observed driving at 11:54 p.m., Friday, on Lewiston Road when her vehicle nearly collided with oncoming traffic. She was arrested by Deputy John Weis.

Dylan Jacob Keem, 19, of Folsomdale Road, Cowlesville, is charged with unlawful possession of marijuana. Keem was allegedly found in possession of marijuana concealed in a vehicle during an investigation on Route 77, Darien, by Deputy Patrick Reeves. Also arrested was Benjamin Edward Burek, 19, of Burrough Road, Cowlesville. Burek was charged with unlawful possession of marijuana and consumption of alcohol under 21 years of age.

Terry Robert Konfederath, 51, of Meadowbrook Terrace, Corfu, is charged with DWI, driving with a BAC of .01 or greater, failure to keep right and moving from lane unsafely. Konfederath was stopped at 12:47 a.m., Saturday, on Genesee Street, Pembroke, by Deputy Joseph Corona.

Daniel Lynn Diguardi, 31, of Upper Holley Road, Holley, is charged with falsifying business records, 2nd. Diguardi is accused of claiming ownership of property owned by Rent-a-Center that he allegedly pawned at Pawn King. Diguardi turned himself in on an arrest warrant to Deputy John Baiocco.

Benjamin Gove Evans, 24, of Maple Street, Batavia, was taken into custody on arrest warrants for alleged failure to pay fine on an attempted petit larceny charge. Evans appeared before Justice Tom Williams and promised to return the next day and make a fine payment and to make his payments every week until paid off.

Mary Jean Daniel, 26, of Morrow Road, Pavilion, is charged with petit larceny. Daniel allegedly stole an unassembled TV stand from Kmart.

Derrick R. Kio, 22, of Wyoming, is charged with criminal mischief (preventing emergency call), harassment, 2nd, and endangering the welfare of a child. Kio was arrested by State Police for an alleged incident reported at 10:24 a.m., Saturday, in the Town of Pavilion. No further details were released.

Melee with park patrons and ATVers at Trestle Park

By Billie Owens

The riders on three or four ATVs are arguing with other park patrons at Trestle Park in Byron and otherwise giving them a hard time. There is reportedly an assault going on, too. "A group of Hispanics" approached and joined in the goings on. Law enforcement is on scene. A responder there says "Sounds like it's starting to heat up again."

UPDATE 8:53 p.m.: Some responders indicate having difficulty finding the location. It's "by the fishing park, down the trail, over the steel bridge, 1/4 mile to the pond where there's a mowed field and picnic area." Subsequently, responders told dispatchers things had "settled down some" and that one suspect is still on scene and another one left the area.

Photos: Dandelions at Centennial Park

By Howard B. Owens

When I drove past Centennial Park today it was quite a sight with all the dandelions in bloom.

If you look closely, you can see a tiny little bug climbing up the stem.

GCC graduates what may be a record-sized class

By Howard B. Owens

There were 998 students in today's graduating class at Genesee Community College. Pending completion of course work, that could be the largest graduating class in the history of GCC.

Sen. Catherine Young, whose district includes Livingtson County, was the commencement speaker (pictured above). Young spoke about growing up on a farm, facing challenges and she encouraged the students to remember that they can always overcome setbacks.

Tased motorcyclist racks up slew of misdemeanor charges following Saturday night's high-speed chase

By Billie Owens

The 22-year-old man who got Tased by a deputy Saturday after a high-speed chase in the Darien area is identified as Nicholas Christian Doell , according to a press release today from the Sheriff's Office.

Doell, who lives on Lippold Road, Darien, was riding a 2003 Harley Davidson at a quarter to nine last night when he allegedly failed to stop for an officer attempting to stop him for allegedly violating traffic law and for having vehicle violations.

After zooming 90 mph through Darien, Alexander and Town of Batavia, the defendant allegedly fled on foot and "was tased to effect arrest" in front of My Saloon on Route 20 in Darien Center.

The motorcyclist racked up a slew of misdemeanor charges, including unlawful fleeing a police officer, resisting arrest and reckless driving.

Other charges are: failure to yield right of way to an emergency vehicle; uninspected motor vehicle; operating without insurance; having modified exhaust on a motorcycle; two counts of improper left turn on a two-way road; three counts of improper / no turn signal; two counts for failure to stop at stop sign; speed in zone (90 mph in a 30-mph zone); speed over 55 mph (90 / 55); and failure to keep right.

Doell was arraigned in Town of Darien Court then jailed with bail set at $5,000 cash. He is scheduled to reappear in town court on June 4.

He was also issued tickets in the Town of Batavia and will appear in court there June 3 on charges of: unregistered motor vehicle; failure to stop at stop sign; speed in zone (90 / 45); improper / no turn signal; and speed over 55 (90 / 55).

In addition, he was issued a ticket for Town of Alexander Court and will appear in that court June 4 for alleged failure to stop at stop sign.

The incident was investigated by deputies J.M. Diehl and K.R. McCarthy.

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