WHAM13: More Environmental Tests for Le Roy High School

A car-into-pole accident is reported at 147 Bank St. in the City of Batavia. Unknown injuries. City firefighters and Mercy medics are responding. The location is between North and Washington avenues.

The Sheriff's Office is on the verge of obtaining four new police vehicles, three patrol cruisers and an SUV, at a cost of $92,000 $88,605.

The vehicles will replace four aging ones that have all logged from 110,000 to 132,000 miles.

The Public Service Committee approved the planned purchase today.

The three specially constructed Ford sedans and a Chevrolet SUV will be built in Australia and won't be ready for three months. (CLARIFICATION: Only the Chevy is being built in Australia.)

The sedans are being purchased through Delacy Ford in Elma at a cost of $60,655, which includes a trade-in allowance of $23,000.

The trade-in agreement is based on the vehicles' current mileage, even though the vehicles will be in service for at least three more months, adding on more miles.

Delacy apparently didn't have an SUV that met Sheriff's Office specifications, so that vehicle will be purchased for $27,950 from Hoselton Chevrolet.

Local dealerships were invited to bid, but none submitted bids, according to Sheriff Gary Maha.

"I'm happy to see they're at least being purchased in New York," said Legislator Esther Leadly. "It used to be they came from New Jersey."

The purchase price is $3,395 under budget.

The amount of carcinogenic agent reportedly found in a water sample from a private well in Le Roy is at a concentration level below legal limits, according to the state Department of Environmental Conservation.

The agency also plans to seek its own sample from the well, but it's unclear if the DEC will investigate further, such as trying to determine the source of the possible containment.

The chemical is known as MTBE (methyl tert-butyl ether). It has been used as an additive in gasoline and diesel fuel, but was outlawed for such use in New York in 2004.

Bob Bowcock -- a researcher from California who took water samples in Le Roy more than two weeks ago at the behest of environmentalist / lawyer Erin Brockovich -- said Friday that the chemical turned up in a sample from a private well at a residential property.

According to Bowcock, MTBE could be part of any hydrofracking fluid (there are various mixtures) that uses gasoline or diesel fuel.

Fracking was used to open the natural gas wells on the property of the Le Roy Central School District and there are reports that at least one of the wells suffered a leak or spill of fracking fluid.

DEC spokeswoman Emily DeSantis said DEC staff conferred with Bowcock today and concluded that the sample taken by Bowcock had six micrograms per litre, which is below the state's limit of 10 micrograms per litre.

It's also below the federal Environmental Protection Agency's drinking water advisory for MTBE, which is 20 to 40 micrograms per liter, she said.

DeSantis offered no opinion from the DEC on how the MTBE got into the well, which is according to Bowcock, a little less than a mile from the southeastern-most natural gas well on Le Roy school district property.

Yesterday, the DEC -- through spokeswoman DeSantis -- expressed little interest in Bowcock's reported finding. DeSantis maintained that MTBE is not used in fracking fluid and the DEC had no reason to believe the company that fracked the Le Roy school wells used MTBE as part of its mixture.

After being pressed for more information, DeSantis arranged for Bowcock to speak with DEC staff. It was only after further email exchanges with The Batavian that DeSantis confirmed the DEC would conduct its own testing.

Since 2008, companies engaged in fracking gas wells are required to disclose the chemicals used in the process, DeSantis said.

"While the most recently drilled wells on the LeRoy CSD property were permitted prior to this requirement, the well driller informed us of the chemicals used to fracture the wells and MTBE was not used," DeSantis said. "Again, MTBE is not used in hydraulic fracturing."

When told of DeSantis's statement, Bowcock said he was flabbergasted by her response. He said prior to even coming to Le Roy, he had had conversations with DEC staff on other matters about MTBE being in fracking fluid.

While there are numerous environmental websites that say MTBE is contained in fracking fluid, it's harder to locate a neutral source online, even the EPA.

Bowcock supplied an EPA document that said a Bureau of Land Management report confirmed MTBE in fracking fluid, but the same paragraph in the same document says the EPA has not confirmed the use of MTBE in fracking.

Quote:

EPA also obtained two environmental impact statements that were prepared by the Bureau of Land Management (BLM). In these impact statements, BLM identified additional chemical compounds that may be in fracturing fluids including methyl tert butyl ether (MTBE) (U.S. Department of the Interior, CO State BLM, 1998). However, EPA was unable to find any indications in the literature, on MSDSs, or in interviews with service companies that MTBE is used in fracturing fluids to stimulate coal-bed methane wells.

The MTBE issue isn't his main focus, Bowcock said, but resolving the issue for property owners is important to him. Further testing could make the case for the homes to be put on public water -- possibly at the expense of the energy companies (paid for, possibly, as part of a prior environmental settlement).

A third suspect accused of stealing the wallet in September of a United Memorial Medical Center employee is in custody, the Batavia Police Department announced today.

Held without bail is Keith S. Carter, 29, of 5 Stuntz St., Rochester.

Previously arrested were Brianne K. Alston, 18, and Kiara K. Asante, 21, both of 478 Tremont St., Rochester.

The trio is accused of coming to Batavia Sept. 11, entering UMMC and taking a wallet from the purse of a UMMC employee and then trying to use a credit card they found inside at local stories.

Carter was already being held in the Monroe County Jail.

The three Rochester residents are suspected of perpetrating similar heists in other hospitals.

All three are charged with forgery, 2nd, criminal possesion of stolen property, 4th and 5th, and attempted petit larceny.

Previously:

• Woman accused of stealing employee's purse at UMMC in September
• Three people accused of stealing wallet, using credit card

Michael A. Nicometo, 27, of 37 Lake St., Le Roy, is charged with four counts of criminally possessing a hypodermic instrument and one count of criminally using drug paraphernalia, 2nd. Nicometo was allegedly found in possession of the instruments after police and EMS responded to his residence for a report of an unresponsive male.

Cheri Monea Patterson, 19, of Cottage Street, Lockport, is charged with petit larceny. Patterson is accused of stealing $45.46 in merchandise from Kmart.

Ryan N. Bartholomew, 18, of Adams Street, Batavia, is charged with two counts of petit larceny. Bartholomew is accused of shoplifting from Kmart.

Rebecca Jean Viedeffer, 43, of Franklin Street, Batavia, is charged with petit larceny and criminally possession of stolen property. Viedeffer is accused of stealing two official 2012 NYS trailer inspection stickers and possessing them in the Town of Pavilion.

Apparently, the citizens of Batavia don't object to a 2.4-percent increase in property taxes.

Monday night, the city council conducted a public hearing on the proposed 2012/13 budget and only one person showed up to make a statement.

That person was John Roach, who suggested that the $2,500 set aside for GO-ART! be redirected to the Veterans Memorial Fund.

Roach also thought the city was dipping too much into its reserve funds in this budget.

Otherwise, crickets.

The council will vote on the budget Feb. 17.

A water-rate increase got even less public attention. The public hearing for that budget proposal had no speakers.

The plan calls for the average customer to pay $13.50 more annual for city water.

A one-vehicle rollover accident is reported at Route 77, north of Gabbey Road. Pembroke and Indian Falls fire departments are responding. A pickup truck is reportedly tipped over on its side.

The roadway is super slick. Route 77 is being shut down due to icy conditions at Indian Falls / Gabbey roads. The county Highway Department is aware of the road condition and will have a crew there within the hour.

UPDATE 5:11 p.m.: Mercy medics were called but cancelled since no one involved is injured.

A car has struck a tree next to a pole at 5979 W. Sweden Road in Bergen. An occupant reportedly has a head injury but is conscious and alert. Bergen Fire Department and Mercy medics are responding.

UPDATE 2:25 p.m.: The driver is shaken up by the accident, but otherwise OK, according to a responder. There was air-bag deployment. The vehicle is intact and is wedged between the tree and the utility pole. The location is just north of Cook Road.

UPDATE 2:35 p.m.: A person on scene says the car is snagged 10 feet off the ground.

A two-car accident in Alexander shortly after 10 Sunday night, which resulted in minor injuries, was caused by a driver allegedly traveling at an unsafe speed for road conditions, according to the accident report.

Alexander resident Nicholas P. Hiscutt, 19, was driving a 2000 Chevy sedan southbound on Route 98 near Dodgeson Road at an allegedly unsafe speed for road conditions. He reportedly lost control of the car and it crossed into the northbound lane, a witness told the investigating officer, Deputy Kevin McCarthy.

Hiscutt's car was struck by a 2003 Chevy Suburban driven by 29-year-old Jon D. Smith, of Prune Street in Batavia, causing both vehicles to veer onto the east shoulder of the roadway. Sylvia L. Smith was a passenger in the Chevy Suburban.

Minor injuries were reported and Jon Smith was taken to UMMC. Hiscutt was issued a citation for allegedly driving at an unreasonable speed.

Barry R. Robinson, 29, of 16 Park Ave., Brockport, is charged with promoting prison contraband, 1st, unlawful possession of marijuana, DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to stop at a stop sign, failure to keep right, unsafe tires and unlawful possession of marijuana. Robinson was arrested at 1:54 a.m. Sunday on Clinton Street by Officers Darryl Streeter and Marc Lawrence following an accident in which Robinson apparently lost control of his vehicle and drove off the roadway. Robinson's driver's license allegedly had 19 prior suspensions. He was jailed on $2,000 bail. At 8:29 p.m., Sunday, while in the Genesee County Jail, Robinson was allegedly found in possession of six bags of marijuana in his sock and underwear. Investigators said the marijuana appeared to be packaged for sale. Robinson is scheduled to reappear in Batavia City Court at 1:30 p.m., Tuesday.

Paul Hipolito Colon, 29, of Marne Street, Rochester, is charged with possession of untaxed cigarettes and failure to stop at stop sign. Colon was stopped at 9:31 a.m. Friday on Akron Road, Pembroke, by Sgt. Brian Frieday for an alleged traffic violation. Colon was allegedly found in possession of 400 untaxed cigarettes.

Delmus M. Holton, 35, of Clinton Street, Rochester; Preston L. Lawrence, 38, of Afton Street Rochester; and, Ray M. Little, 49, of Langham Street, Rochester, are charged with trespass. At 10:56 a.m. Friday, a resident in Bergen reported seeing a suspicious vehicle in the area of 7427 Clinton St. Road, Bergen. The vehicle was located, parked off the road, across the street from Demo's Truck Parts. The three men allegedly entered the Demo's property without permission. (Initial report)

Jason M. Norton, 39, and Michelle T. Norton, 51, of 7198 Pekin Road, Oakfield, are charged with trespass (both), disorderly conduct (Jason only) and resisting arrest (Jason only). The husband and wife duo were arrested following an alleged incident at a West Main Street business.

A 17-year-old resident of Le Roy is charged with petit larceny, criminal possesion of stolen property, 5th, and burglary, 3rd. The youth was arrested Saturday morning after Le Roy PD received a report of a person going through several vehicles in the parking lot at 18 Genesee St., Le Roy. The youth was apprehended following a brief foot chase. Property was found at the scene and Le Roy PD is asking anybody who may have missing property to contact the police department. Le Roy PD did not release the name of the suspect.

Timothy James Ziminski, 19, of Walden Street, Batavia, is charged with criminal possession of stolen property, 5th, and displaying forged inspection certificate. Ziminski was allegedly found to have a forged and stolen inspection sticker on his vehicle.

A two-car accident with injuries is reported in the area of 9491 Alexander Road, Alexander.

Alexander Fire Department and ambulance responding.

UPDATE 10:28 p.m.: Accident is not blocking traffic.

UPDATE 10:31 p.m.: One person is injured.

UPDATE 10:38 p.m.: Mercy EMS responding to assist with patient on scene.

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A car has hit a pole on Route 33 237, according to a fire police volunteer from Elba who came across the accident.

There are no injuries, but the pole is leaning and wires over the roadway are now too low for a truck to pass under.

The fire police volunteer is shutting down traffic at Route 237 and Route 33 (aka Byron Holley Road and Clinton Street Road).

Stafford Fire Department dispatched.

UPDATE 8:32 p.m.: Responders are advising almost white-out conditions at the scene.

UPDATE 8:36 p.m.: The accident scene is actually on Route 33, just east of Griswold Road.

A father saved his baby son today moments before the room where he was sleeping burst into flames.

Peter Dart was downstairs in a two-resident house at 7650 Macomber Road, Alabama, when he and his wife smelled smoke.

He rushed upstairs to his 13-month-old son's room. The room was filled with smoke, smoke so thick he couldn't see anything.

He had laid the toddler down for a nap just 30 minutes earlier.

Dart found the boy's crib just by memory, grabbed him, pulled him to his chest and rushed out of the house.

Investigators have determined the cause of the fire was related to an electric heater plugged into an extension cord.

The fire was reported by Dart's wife at 10:36 a.m. When the first firefighters arrived on scene from East Pembroke, the northwest corner of the 180-year-old house was fully engulfed in flames.

Lorna Klotzbach, a Town of Alabama Planning Board member, owned the house and lived in the other half.

The house sits in an area of Alabama without public water. Tankers were dispatched to the scene from 15 fire departments to draw water from creeks, ponds and the closest fire hydrant.

Many of the nearby ponds had frozen over in the past couple of days, making it harder to draw water from them, said East Pembroke Chief Don Newton.

"A good supply of water definitely would have helped," Newton said. "We ran out of water quite a few times. We did not have enough water to fight the fire to the best of our ability."

The entire second floor of the house was destroyed.

Newton said much of the first floor was saved, and the residents would be able to recover personal belongings from downstairs.

The wind and cold weather didn't help in fighting the fire, either, Newton said.

Dart's son was taken by private vehicle to UMMC and treated for smoke inhalation. Dart said he is doing fine.

At least four emergency responders suffered minor injuries related to the incident. One firefighter was transported to UMMC with a hand injury.

At least one of Klotzbach's three cats survived the fire and Lorna said her dogs escaped safely.

Responding to the scene, along with East Pembroke, were Alabama, Town of Batavia, Oakfield, Darien, City of Batavia's Fast Team, Pembroke, Indian Falls, Elba, Barre, East Shelby, Byron, South Byron, Alexander, Bergen, Attica, Wolcottsville, Mercy EMS and the Genesee County Sheriff's Office.

CORRECTION: We initially reported the child was a girl. That was based on what I thought for sure was the father saying "she" when I interviewed him. Even after reviewing the tape, that's what I thought I heard; however, there is some wind on the recording. Another, reliable source assures me the child is a boy. The story has been changed accordingly.

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Initial report posted here.

A one-vehicle rollover accident reported in the area of Warner Road and Route 33 with possible minor injuries.

Byron Fire Department and Mercy EMS responding to the scene.

A car accident is reported at Route 33 and Read Road in Pembroke. A female in the car is conscious and alert. She's "shook up" but apparently has minor injuries. Alexander Fire Department is responding due to East Pembroke Fire District's manpower being employed elsewhere. Medics from Bethany are also en route.

UPDATE (11:23 a.m.): The car is in a ditch.

UPDATE 11:41 a.m.: A 40-year-old woman is being transported to UMMC.

A car has crashed into a tree at 5018 Clinton St. Road near Terry Hills Drive. Because the Town of Batavia's fire crews are working a structure fire, a unit from Bethany is called to the scene, along with Mercy medics. A person is complaining of back pain.

UPDATE 11:42 a.m.: One person was transported to UMMC Strong Memorial Hospital in Rochester.

A confirmed, working house fire is reported at 7650 Macomber Road in East Pembroke's fire district. All available manpower from that district is responding to the scene along with mutual aid from Alabama, Indian Falls, Elba, Pembroke, Corfu and Oakfield. The Town of Batavia Fast Team is also responding and another unit will fill in at the East Pembroke Fire Hall.

UPDATE 11:03 a.m.: Town of Batavia will switch from filling in at the East Pembroke hall and head straight to the fire. Alexander firefighters will fill in at East Pembroke. A firefighter upstairs reports near-zero visibility, which will "make the advance difficult...we're going to backdown the stairs until we can get the roof knocked out." Fire police are going to handle traffic control and "rubberneckers." ... Now all interior firefighters are ordered out of the structure.

UPDATE 11:08 a.m.: A tanker from Darien is called to the scene.

UPDATE 11:11 a.m.: An engine out of Stafford is called to the scene.

UPDATE 11:27: Shelby is called as mutual aid to fill in at Alabama's fire hall. Mercy medics have been on scene since shortly after the initial call went out.

UPDATE 11:34 a.m.: Akron is called as mutual aid to fill in at Pembroke.

UPDATE 11:44 a.m.: The house was built sometime in the 1830s. It belongs to Lorna Klotzbach, who is a member of the Town of Alabama Planning Board. Inmates from the Wyoming Correctional Facility will be transported to the site to help out. The fire departments in Wolcottsville and Barre are called to provide mutual aid.

UPDATE 11:55 a.m.: More help is coming from Byron, South Byron, Attica and East Shelby.

UPDATE 12:01 p.m.: The Ladies Auxiliary of the East Pembroke Fire District are called to provide refreshments at the scene.

UPDATE 12:46 p.m.: A person from the scene is being transported to UMMC. The patient is a man with an ankle injury.

UPDATE 1:08 p.m.: Shelby and Barre firefighters are released and will be returning home.

UPDATE 3:32 p.m.: Town of Batavia is the latest fire company, of a few of them, to go back in service.

UPDATE 4:25 p.m.: Ambulance requested to the scene for a person with a hand injury, requested transport to UMMC.

UPDATE 5:32 p.m.: Ambulance requested to the scene non-emergency for a person with a shoulder injury.

UPDATE 5:56 p.m.: Oakfield's tanker requested back to the scene, non-emergency.

UPDATE 6:25 p.m.: All units, back in service.