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Police Beat: Le Roy man accused of passing forged prescription

By Howard B. Owens

Ronald L. MacGregor, 42, of 66 Lake St., Le Roy, is charged with criminal possession of a forged instrument, 2nd. MacGregor was arrested following an investigation by Le Roy Police into an allegation that MacGregor entered a local pharmacy possessing a forged or altered prescription script and passed it to pharmacy staff. MacGregor was jailed on $3,000 bail.

Martin Fitzgerald Jones, 40, of West Main Street Road, Batavia, is charged with petit larceny. Jones was arrested on a warrant out of city court.

Dwayne William Brown, 25, of North Main Street, Holley, is charged with DWI, driving with a BAC of .08 or greater, speeding (90 mph in a 55 mph zone), passing in a no passing zone, operating out of class. Brown was stopped at 2:53 a.m. Saturday on Route 33, Stafford, by Deputy Frank Bordonaro. Bordonaro allegedly observed Brown riding a motorcycle on Route 33 while going 90 mph.

Joseph Thomas Bortle, 39, of Knowlesville Road, Oakfield, is charged with petit larceny and criminal possession of a controlled substance, 7th. Bortle is accused of trying to shoplift $26.97 in batteries from Kmart. During the investigation, Bortle was allegedly found in possession of a narcotic analgesic pill for which he didn't have a prescription.

Jordan Gerard Merica, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana. Merica was stopped on Route 77, Darien, for alleged traffic violations at 4:40 p.m. Friday by Deputy Patrick Reeves. 

Brian Patrick O'Grady, 46, of Lyman Road, Bergen, is charged with driving while impaired by drugs and alcohol. O'Grady was allegedly involved in a property damage accident on Dublin Road, Bergen, at 11:45 p.m. Sunday. O'Grady allegedly left the scene of the accident and was located at his residence a short time later.

Elizabeth Ann Lindner, 24, of West Main Street Road, Batavia, is charged with forgery, 2nd. Lindner is accused of passing a forged check.

Police looking for hit-and-run driver who struck pedestrian on Central Avenue

By Howard B. Owens

A 22-year-old Batavia resident was hospitalized early this morning after being struck by a hit-and-run driver on Central Avenue in the city.

Police are asking people with information about the car and driver to call 345-6350.

Luis A. Mercado was listed this morning in stable condition at Strong Memorial Hospital.

At about 1:36 a.m., Mercardo was walking on Central when he was struck by a white sedan.

The car reportedly has a loud exhaust and is possibly a Dodge Stratus. It sustained front end damage and most likely a broken windshield.

Tax incentive package announced to help Alpina to move into agri-park

By Howard B. Owens

A South American-based dairy processing company will get $767,096 in tax incentives to help the company establish a new yogurt factory in Batavia, the Genesee County Economic Development Center announced.

The incentive package for Alpina Products includes a property tax abatement, a sales tax exemption and a reduction of mortgage taxes.

GCEDC announced in April that Alpina agreed to become the first tenant for the Genesee Valley Agri-Business Park off Route 5 in Batavia.

The plant, when completed, is expected to add 50 jobs to the local economy and if successful, Alpina officials said they would expect to expand their operations in Batavia.

More than half of the tax incentive package comes in the form of a PILOT (payment in lieu of taxes) arrangement that will reduce the amount of anticipated property taxes paid by Alpina by more than $458,000 over 10 years.

Alpina will pay property taxes on the current assessed value of its 10-acre facility, but because building the plant will increase the land's value, Alpina will get a break on that increased assessment for 10 years. During the first five years, Alpina will pay no taxes on the difference between the current assessed value and the new assessed value. Starting in year six through year 10, Alpina will pay 50 percent of the increase in additional taxes, and pay 100 percent from that point forward.

The sales tax exemption of $260,000 will be on construction materials and office equipment, but not manufacturing equipment.

The mortgage tax exemption is $48,750.

The anticipated economic benefit to Genesee County is expected to exceed $30 million over 10 years.

Alpina will invest $15 million to purchase the 10-acre parcel and construct the plant.

In other GCEDC news, Wellsville Carpet Town at 3990 Call Parkway, Batavia, will receive a $14,375 mortgage tax exemption to help the company refinance its current $1.5 million real estate loan. GCEDC says the abatement will help retain 45 jobs in the county.

Muckdogs announce season's promo schedule

By Billie Owens

Here's a press release from the Muckdogs.

The Batavia Muckdogs, Genesee County’s only professional sports franchise, have released their 2011 promotional schedule featuring fireworks, giveaways, special events, theme nights and daily promotions.

The fun will kick off two days prior to Opening Day with the 2nd annual pre-season “Pep Dog Rally” on Wednesday June 15th starting at 6 p.m. This free event will be fans’ first chance to meet this year’s team. The night will feature games for the kids, local mascots, and prizes and raffles throughout the night.

A particular highlight of the evening will be a wiffle ball homerun derby that anyone can participate in. Fans can sign up to participate as they enter the ballpark and we will pick, at random, four children and four adults to participate. These participants will compete in a wiffle ball homerun derby on the field. Prizes will be awarded to the winners.

The Muckdogs will again offer fans a daily menu of money-saving promotions available throughout the season.

The Daily News will continue to sponsor Muckdog Mondays. Every Monday home game, fans can receive a $1 discount off a General Admission ticket when they redeem a coupon that runs in the Saturday edition of The Daily News.

On Tuesday nights, KRAFT Singles presents KRAFT Singles Tuesday Night Tickets. Fans can bring a KRAFT Singles wrapper to the Muckdogs box office for a buy one - get one free ticket from KRAFT Singles. Visit kraftsingles.com for more details.

The Family Four Pack will take place on every Wednesday during the 2011 season and is presented by M&T Bank. Fans can purchase four general admission tickets, four hot dogs, four 12 oz. sodas and a 2011 program for only $30, a savings of $14.

Thursday features a new addition to the lineup. This year, every Thursday home game, the first 100 kids will eat for free courtesy of The Williams Law Firm. Each child will receive a coupon for a free hot dog, soda and snack item.

Fireworks will again light up the sky after every Friday night game at Dwyer Stadium, as well as on the annual Independence Day celebration on July 4th. Every Saturday will feature a pre-game concert in the concourse.

These “Rock the Ballpark” events feature Papa and Mama Root, an oldies rock-and-roll tribute band, and original music recording artists. They are presented by: Tim Horton’s of Batavia; New Buffalo Impact; LowPriceChoice.com; and Energy Efficiency Training Center. All performances begin at 6 p.m. and are weather permitting.

At Sunday home games, kids can run the bases with Homer after the game courtesy of Bob Evans Restaurant in Batavia. Every child who runs the bases with Homer receives a free coupon to Bob Evans Restaurant. Also on Sundays, the Muckdogs have partnered with HCR Home Care and the Batavia Bus Service for a Sunday Senior Bus Service. This will provide free transportation from several local senior living centers to and from all Sunday home games.

Other games of note on the 2011 promotional schedule include:

  • Opening Day/Fireworks/Magnet Schedule Giveaway/Inflatable Bat Giveaway -- Friday, June 17th
  • Father’s Day/Prostate Cancer Awareness Day with Specialty Cap Auction/Post-Game Catch on Field -- Sunday, June 19th
  • Independence Day Celebration Fireworks -- Monday, July 4th
  • Frisbee Giveaway -- Friday, July 8th
  • Bark in the Park -- Sunday, July 17th
  • Team Photo Giveaway -- Saturday, Aug. 6th
  • Buffalo Sabres Legend Rob Ray Autograph Appearance -- Tuesday, Aug. 9th
  • Star Wars Night -- Saturday, Aug. 13th
  • Water Bottle Giveaway -- Monday, Aug. 22nd
  • Stache Bash -- Wednesday, Aug. 24th
  • Ryan Howard Collectible Coin Giveaway -- Thursday, Aug. 25th (with coupon from Batavia Downs Casino)
  • Chase Utley Collectible Coin Giveaway -- Saturday, Sept. 3rd (with coupon from Batavia Downs Casino)

Fireworks Nights will be as follows: June 17th, July 4th, July 8th, July 15th, July 22nd, July 29th, Aug. 5th, and Aug. 12th.

The Muckdogs open their 2011 home schedule on Friday, June 17th vs. the Auburn Doubledays at 7:05 p.m. For a complete 2011 promotional schedule, go to www.muckdogs.com or call the Muckdogs office at (585) 343-5454.

Police will be conducting alcohol compliance checks at stores

By Billie Owens

This information is from the Batavia Police Department.

The Batavia Police will be conducting alcohol compliance checks to determine if point-of-sale for alcohol locations are making sure to properly identify the purchaser of alcohol.

Detective Richard Schauf says the PD wants to remind store managers and owners of the importance of properly training their employees to check the purchaser’s identification.

In the past, offiers have seen employees not check the ID or check it and see the person is less than 21 and sell the alcohol anyway.

In the case of employees selling to minors, the employee is subject to court appearance and should be reminded of this. A store can lose its liquor license if it does not conform to the laws governing the sale of alcohol to those less than 21 years of age.

GC AmeriCorps seeks host site agencies

By Billie Owens

The Genesee County AmeriCorps is looking for host site agencies.

True to its motto, AmeriCorps is “Getting Things Done” in Genesee, Orleans and Wyoming counties.

The Genesee County Youth Bureau has begun planning for year eight of the program, which starts Oct. 1, contingent on the receipt of federal funding from the Corporation for National and Community Service.

Agencies have utilized AmeriCorps members for a variety of projects. Assignments include activities that fall under one or more of these categories: youth development/ mentoring; volunteer recruitment; and public safety/community outreach.

Host sites complete a proposal which outlines the duties for each position. Members can create new programs or enhance existing services, and their work can benefit different parts of the organization.

Proposals requesting members to begin serving this fall are due by June 15.

Sites will be selected and notified in early July. Member recruitment will begin at that time. Proposals for members to serve in the summer of 2012 are due in March, 2012 but can be submitted sooner.

Please contact Kathy Frank at 344-3960 or kfrank@co.genesee.ny.us for further information or to request the proposal form. The form can also be downloaded from the Youth Bureau page on the Genesee County web site: www.co.genesee.ny.us

Jeff Allen led pack in write-in votes in NY-26 special election

By Howard B. Owens

There were 44 write-in votes cast in the May 24 special election for the NY-26 congressional seat and Jeff Allen, who mounted a local write-in campaign through The Batavian, social media and a limited marketing budget, got 15 votes.

That made him the top vote-getter among all write-in "candidates."

David Bellavia, who specifically dropped out of the race and endorsed Jack Davis on the Tea Party line, received nine votes.

Assemblyman Steve Hawley received four votes as did former rep, Shirtless Chris Lee, who resigned after it was revealed he was apparently trolling Craigslist for dates.

Notable single vote "candidates:" Reader JoAnne Rock, reader Peter O'Brien, local businessman and Oakfield School District Board Member Marc Johnson and Elba resident and nationally known author Bill Kauffman.

Semi-pro football team moves home games to Pembroke

By Howard B. Owens

Semi-professional football has arrived in Genesee County.

The Lyndonville Tigers are now playing their home games in Pembroke.

The team is comprised of players from throughout Genesee and Orleans counties and plays in an eight-team league that stretches from Jamestown to Troy.

Team President Taylor McCabe said over the past seven seasons, the Northeast Football Alliance league has consistently produced "action packed and extremely competitive football."

The Tigers, who finished last season in third place at 8-4, opened the season Saturday, taking a 20-13 loss against Finger Lakes.

Here's the schedule for the remainder of the season:

GAME Date Time Away Team @ Home Team
1- Sat 6/4/2011 5:30 PM Finger Lakes @ Lyndonville
2- Sat 6/11/2011 5:30 PM Lyndonville @ Buffalo
3- Sat 6/18/2011 5:30 PM Jamestown @ Lyndonville
4- Sat 6/25/2011 5:30 PM Southern Tier (Warriors) @ Lyndonville
5- Sat 7/9/2011 5:30 PM Lyndonville @ Southern Tier (Diesel)
6- Sat 7/16/2011 7:00 PM Lyndonville @ Finger Lakes
7- Sat 7/23/2011 5:30 PM Buffalo @ Lyndonville
8- Sat 7/30/2011 5:30 PM Lyndonville @ Jamestown
9- Sat 8/6/2011 5:30 PM Lyndonville @ Southern Tier (Warriors)
10- Sat 8/13/2011 5:30 PM Southern Tier (Diesel) @ Lyndonville 

All home games are played in the Pembroke park just south of the high school.

Advise offered for dealing with downtown gulls

By Howard B. Owens

Last week, we reported an update on the downtown gull situation.

BID Director Don Burkel asked that we share the following information with readers:

If you are having a problem with gulls landing / nesting on your building there are some possible solutions by the USDA Wildlife Services:

  • String 100-pound test fishing line in a grid pattern
  • Use a “BirdX” (sound system)
  • Use inflatable “Scarymen” by Reed Joseph Co.

If you need some advise on your particular gull problem, Carl Cranker, biologist for the USDA Wildlife Services, would be willing to visit your property. There is no fee for consultation and accessing your situation. If you want the Wildlife Services to perform a service, i.e. remove nests or eggs, there would be a fee involved. You can contact him directly by calling (315) 532-4835 (cell) or email: carl.c.cranker@aphis.usda.gov .

Hawley: Legislature must tackle 'highest in nation' property taxes before session ends

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,I,C – Batavia) is urging legislative leaders to make controlling property taxes the number one priority of the remaining weeks of the 2011 Legislative Session. The Tax Foundation recently released a study that shows homeowners in Orleans, Niagara, Monroe and Genesee counties face a property tax burden ranked in the top 10 nationally, based on percentage of median home value. Orleans, Niagara and Monroe occupy the top three spots respectively, while Genesee comes in eighth.

“To see all four counties in the 139th Assembly District paying some of the highest property taxes in the nation should serve as a loud and clear reminder to legislative leaders that we have no greater priority during this year’s session than to provide property tax relief to Western New York families and businesses, coupled with mandate relief for local governments and school districts,” Hawley said.

“Furthermore, 22 out of the 25 highest-taxed counties are found in Upstate New York. State government has placed Upstate’s economy at a massive, competitive disadvantage by increasing costs on localities and has forced families out of the homes they spent their entire lives working to build.

"I have consistently supported implementing a property-tax cap that will re-open Upstate New York for business and embrace the homeowners that have built their lives here, and I urge my colleagues in state government to join me in putting all of their energy behind this measure.”

Hawley is a co-sponsor of multiple bills to cap property taxes under consideration in the Assembly. While skyrocketing property taxes must be addressed immediately, so must the contributing factors that have led to such crushing levies.

“The cost-drivers handed down from Albany to local governments are a ploy to support unsustainable levels of spending,” Hawley said. “The passage of a property tax cap is not only crucial for homeowners, but it is also a vital component of the fight to repeal unfunded mandates that force localities to raise taxes year after year.

"The property tax crisis is truly symptomatic of New York’s most crippling problem – an unending appetite for spending. Passing a property tax cap is not the end of a long struggle, but rather the first domino to fall that will bring down unfunded mandates and reign in state spending.”

Elba Jazz Ensemble shines at Gorham

By Gretel Kauffman

This weekend the Elba Jazz Ensemble brought home the gold from the 50th annual Gorham Pageant of Bands when they placed first in the Class C Jazz Band competition.

This was the jazz ensemble's third year participating in the pageant, having placed third and second in the past two festivals.

Elba, normally a Class DD school, was the smallest to partipate in the pageant and was therefore bumped up to the Class C level to compete against Naples, Dundee, Gananda and South Seneca.

The Elba Concert Band placed fifth in its category.

The jazz ensemble is directed by Phil Briatico. Its members are: Marissa Tomczak, Mark Hare, Dillon Hirsch, Dan Starowitz, Ann Marie Georgia, and Connor Rohan on saxophone; Emily Tomczak on clarinet; Dakota Hirsch, Alexandra Lacey and Dixie Hirsch on trumpet; Andrew Lacey, Steven Perez-Gangi, Becky Vlack and Christopher Vlack on trombone; Jenna Bird on French horn; Laura Accardi and Matt Anauo on guitar; Gretel Kauffman on keyboard; Alex Jasinski on bass guitar; and Liz White on drums.

Batavia PD looking for subject following incident on Jackson Street

By Howard B. Owens

Batavia Police are looking for a subject last seen heading east on Highland Park following an unknown incident *on Jackson Street.

The subject is described as wearing a white tank top T-shirt, white flat-brimmed hat with a scruffy beard, riding a mountain bike and "still carrying the baseball bat."

*We didn't catch the original dispatch.

UPDATE 9:32 p.m.: Two acquaintances apparently had an ongoing dispute and one person allegedly hit the other with a baseball bat. The victim was transported by ground ambulance to the Genesee County Airport and taken by Mercy Flight to Strong. Lt. James Henning said there is a "person of interest" police would like to locate. Officers are also interested in talking to any additional witnesses, who can call the tip line at 585-345-6370.

Covington boy in tractor rollover accident, Pavilion and Mercy respond

By Billie Owens

A 14-year-old boy was in a rollover tractor accident in Covington and the tractor is still on top of him. He's conscious.

He's behind a house at 7303 Morrow Road. "It's the house on top of the hill."

Mercy Flight is available. Pavilion Fire Department and Mercy medics are responding.

UPDATE 7:09 p.m.: Mercy Flight is called to the scene. The victim has been extricated.

UPDATE 7:19 p.m.: Mercy Flight is on the ground.

UPDATE 7:32 p.m.: Mercy Flight has left the ground. If a destination was mentioned, we didn't hear it.

Photo: Old train bridge, Old Creek Road, Alexander

By Howard B. Owens

This is part of an old train line that went through Genesee County at one time. I found this old bridge support on Old Creek Road last year and then, over the winter, while playing around on Genesee County's GIS map, I found an old right-of-way in Le Roy that is still owned by Lehigh Valley Railroad (even though Lehigh went bankrupt in the 1950s).

I traced the one parcel I found owned by Lehigh. At one time, it went through most of the county (The right-of-ways are still all separate parcels for the most part, owned by many different people.) The railroad left a permanent scar visible from the satellite images, so it's easy to trace. The line I found passed through this section of Old Creek Road in Alexander.

UPDATE: A caller says that this railroad location was part of the Delaware-Lackawana line, which merged with the Erie Line in 1961. The merger meant this railroad line was taken out of commission. The Lehigh line, he said, is further to the north.

Photos: Fallen tree in Batavia Cemetery

By Howard B. Owens

One of the old, giant trees in the Batavia Cemetery fell down yesterday. The massive tree, which broke about 8 feet up its trunk, was located near the front of the cemetery, just south of the Richmond Mausoleum. It doesn't appear that any headstones were damaged.

Photo: Hot dog sale to benefit the Peace Garden

By Howard B. Owens

Volunteers were in front of the Holland Land Office Museum parking lot today hawking hot dogs to raise funds for the International Peace Garden.

The peace garden supporters will be back at HLOM weekend after next.

Photo: Yellow flag iris

By Howard B. Owens

At least, I think this is a yellow flag iris -- that's the best identification I can do through Google. There's thousands of them off Old Creek Road, as well as other parts of the county. It's a non-native species and considered an invasive weed (it's certainly invaded Old Creek and Hunn roads), from what I found online. I got a little obsessed with getting a picture of this one particular plant around noon today -- trying different lenses, exposures, shutter speeds. This was the best I could do. 

Possible drowning reported on Gilmore Road, Indian Falls

By Billie Owens

A possible drowning is reported in the creek behind the Log Cabin Restaurant in Indian Falls. The location is 1227 Gilmore Road, by the falls.

It's unknown whether the person is out of the water.

Pembroke and Indian Falls fire departments are responding along with Mercy medics. The Genesee County Rope Rescue Team is called to assemble and stand by.

UPDATE 3:34 p.m.: The person is out of the water. All response units, except Mercy medics, are cancelled.

UPDATE 3:37 p.m.: Person fell about 20 feet into the water and got "the wind knocked out of him." He was in the water for a short period of time and is now on land, conscious and alert. Pembroke fire is continuing to the scene, non-emergency. The man is between 19 and 20 years old and complaining of neck and back pain.

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