Stories from

The Buffalo News reviewed the first few months of Rep. Chris Lee's term as a U.S. Congressman and Buffalo Pundit, blogger Alan Bedenko, who, shall we say, leans Democrat, says Lee actually is doing an OK job, even if Bedenko doesn't always agree on policy.

I was wrong about Lee. The guy really seems to care about his constituents, and he’s taken an interest in the issues that matter.

Lee is building bridges with his Democratic colleagues, especially those also representing Western New York Districts, according to the News.

I've been on Bank Street near the city limits each of the past four days. Friday, this was a normal speed sign as I remember it.  When I saw "road block" Saturday, I didn't think much of it. Then I did the blotter report this morning and realized that the Batavia Police Department was running a DWI check point on Bank Street Friday evening.  It looks like somebody tried to warn drivers.

Reports are coming in that a vehicle flew off the Thurway at mile marker 400 and landed about 50 or 60 feet into the woods.

No serious injuries are reported. There were two people in the vehicle.

Initial reports said chain saws would be required to cut trees away to get the people out of the car, but that turned out not to be the case. However, the tow company that will extricate the car may need chain saws, according to reports.

State Police are walking the driver and passenger out of the woods now.

UPDATE: No injuries reported.

Seventeen people, including 11 children, managed to avoid injury after a tractor ride went wrong Sunday night when the trailer hitch broke on the tractor pulling them down Conlon Road.

Gregory J. Luetticke, 46, of Le Roy, who was driving the tractor, did report an injury. He complained of neck pain.

Luetticke was reportedly pulling the wagon down a grass laneway on Conlon when the hitch broke. Luetticke said when the hitch broke, he steered to the west and lost control of the tractor, causing the tractor to overturn. Luetticke was ejected from the tractor and came to rest to the northwest. The wagon stopped moving.

In the wagon were Billie J. Kennedy, 31, Alexa M. Kennedy, 6, Madailein M. Blonski, 5, Ashley Bottonfield, 10, Erica Ulrich, 15, Amber A. Williams, 8, Dominque M. Williams, 14, Mariah A. Williams, 12, Teresa Annecharicle, 35, Tyler M. Annecharicle, 35, Isabell Annecharicle, 10, Nicholas Rogers, 6, Zachary M. Rogers, 10, Colleen M. Rogowski, 39, Allison M. Rogowski, 8 and Lauren E. Wood, 8.

Bradley Brooks, 25, of Spencerport, failed to negotiate a turn on South Lake Road in Bergen Sunday afternoon and drove his motorcycle into a ditch. Brooks was ejected from the bike. He was transported to Strong Memorial Hospital with non-life threatening injuries.

Brian D. Whitmore, 25, of Darien Center, suffered a fracture in his arm and collar bone after striking a deer while driving his motorcycle eastbound on Conway Road in Darien. The accident occurred Wednesday about 9 p.m.

No injuries were reported in a single-vehicle accident last night at 11:30 p.m. on Quinlan Road in Le Roy.

The 1996 Dodge coupe was driven by Matthew Derooy, 20, of LeRoy. Deborah J. Derooy, 24, was a passenger.

Derooy reportedly driving the car westbound on Quinlan Road when he drove off the north shoulder and hit a support wire to a National Grid utility pole. The vehicle then continued through a field and landed in a ditch.

No apparent cause is cited in the accident report.

Vic Marchese was at his popular Batavia restaurant early this morning washing dishes and waiting for a cleaning crew to arrive following last night's fire that caused an estimated $30,000 damage.

He expects to be open to serve customers by tomorrow, he said.

He won't be able to cook with charcoal immediately, since that's the vent system damaged by the fire, but the rest of the kitchen remains in good shape and ready to serve up pizza, pasta, wings, subs, salads and just about everything else on Vic's menu.

Marchese said he had been away from the restaurant most of the day and returned at 9 p.m. About three minutes later a lady came in and asked about all the smoke in the back parking lot. Vic said he went outside, saw the smoke and immediately called 911.

Fire crews were on scene within minutes. 

The fire was just beginning to poke out of the vent, Marchese said. The flames were doused quickly.

"Good thing," Marchese said. "These old buildings, the whole block could have gone up."

Four alleged illegal immigrants from Guatemala were apprehended by Batavia police at a Bank Street DWI check point Friday night.

One of the men arrested, Edwin O. Perez-Hernandez, 36, of Varysburg, allegedly tried to flee the scene on foot and faces a resisting arrest charge. He is held on $2,500 bail.

Oscar U. Perez-Hernandez was reportedly the driver of the vehicle and faces numerous traffic violation charges, according to police. He is held on $1,000 bail.

Two women in the vehicle were issued appearance tickets for immigration court.

James F. Kempisty, 48, of Batavia, drove through a DWI check point on Bank Street Friday night around 10:30 and BPD officers determined that he was apparently intoxicated. He was charged with DWI and driving with a BAC of .08 or greater. Kempisty was issued an appearance ticket and released.

Dustin R. Collinge, 24, of Wheatland, faces two felony counts following a traffic stop in Stafford early Sunday morning. Collinge is charged with DWI and unlicensed operation of a motor vehicle. Collinge reportedly has a prior DWI conviction. He is accused of driving with a BAC of .08 or greater. Collinge was released pending arraignment.

Keith Whitney, 21, of Churchville, is charged with two felony counts of criminal possession of a weapon and a misdemeanor count of menacing following an alleged domestic dispute with his girlfriend in Bergen early Sunday morning. Whitney allegedly brandished an assault rifle "with the intent to use it against his girlfriend," according Sheriff's deputies. He is being held on $5,000 bail.

Robert Brown, 47, of Darien, is accused of pushing an acquaintance to the floor.  He is charged with harassment in the second degree.

Richard Synder, 43, of Batavia, is charged with unlawful possession of marijuana following a traffic stop for allegedly speeding in Elba. Snyder was issued an appearance ticket and released.

Erick R. Horning, 19, of Batavia, is accused of hosting an under-age drinking party at his house on Wilkenson Road early Saturday morning. Horning was charged with unlawful dealing with a child, issued a ticket and released.

Robert  Piechocki, 45, of Attica, is charged with criminal possession of a weapon. Deputies allegedly found six unregistered pistols in his residence while investigating a reported domestic incident.

Last night we reported word of a fire at Main St. Pizza Company, 200 E. Main Street, Batavia, but information at the time made it sound relatively minor.

It turns out there the fire caused $30,000 in damage -- $25,000 to the structure and $5,000 to contents of the building, according a report released by the Batavia Fire Department late last night.

The fire was contained mostly to a exhaust duct at the rear of the building, with a "minor extension into the building."

The report states that owner Victor Marchese became aware of the fire when he smelled smoke. He immediately evacuated the customers and called 911.

When city fire crews arrived, they found heavy smoke coming from the duct and quickly dosed the fire with the use of chemical extinquishers and water hoses.

A reader sent an e-mail and said she heard an Main Street business in Batavia is on fire and Main Street is shut down.

I tried calling the dispatch center and the conversation went like this:

"I'm Howard Owens with The Batavian."

"I'm sorry, sir, we're really busy."

"I hear there is a fire on Main Street."

"I'm sorry, sir, we don't have time to talk."

Click.

I spoke to somebody at T.F. Brown's who said he heard something about a fire but didn't really know.

If you know anything, please fill us in.

Brian Hillabush is on his way to the scene, but won't be there for 40 minutes or so (he was out of town, too).

UPDATE:  Dan Jones went to the scene and confirmed there were fire trucks on the scene. The business that we had been tipped to was Main St. Pizza Company. I just called Main St. Pizza and it turned out to be a real minor fire. It was extinquished quickly and no real damage was done.

Today's deal: We have one give certificate for each, T.F. Brown's and Herbly Wonderful, valued at $25 each, and we're offering them for $12.50 (Half off) each (plus a $1 service fee).

Herbly Wonderful. Located at 3701 Pearl Street Road, Herbly Wonderful features a fine variety of teas, herbs, blends, spices and seasoning, plus a range of other items for home and garden.  See the ad on the left side of the page and click on it for more information.

T.F. Browns, at 214 E. Main St., T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. The patio is now open. It's also a great place to host group events.  See the ad on the left side of the page for contact information.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Herbly Wonderful

SOLD

T.F. Brown's

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Michael Hamilton makes candles.  He makes quite a few of them in a variety of shapes, fragrances and colors.  Then he makes them available to you in his store at 201 Liberty St.

Today's Deal: A $25 gift certificate for Essence of Candles at HALF OFF -- $12.50 (plus a $1 service fee).

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

SOLD

Apparently, a quality organization like Mercy Flight taking over the ambulance service in the county and expressing a desire to hire all of the city ambulance employees isn't enough for union president Greg Ireland. He wants his pound of flesh, too.

The union has filed a "improper practices claim" against the city for an alleged Taylor Law violation in deciding to discontinue the city-backed ambulance service.

The claim is, the city has taken steps to "subcontract" the ambulance jobs by discontinuing the city service.

"Our stance hasn't changed," Ireland said Friday. "The city can't do what they're doing because of the Taylor Law. The city took the steps to change (ambulance service) without negotiating" with the union, he said.

Ireland said a change in ambulance service can't be made legally.

"And it's not going to be if we can help it," he said. "This could have been avoided but the city never approached us. It's too bad it's come to this."

Charlie Mallow said he doesn't believe there is a Taylor Law violation.

But are we to understand from Mallow that the city doesn't intend to sign a contract with Mercy Flight:

"It's something we've discontinued. We are not signing an agreement with whomever the county has selected," he said. "Unions file grievances. This makes it difficult to do what is fiscally prudent." (emphasis added)

So who will provide city ambulance service? Is the union tactic forcing the city into a position where it can't contract with Mercy Flight?

It looks like the fight isn't over. It's just move from one ring to another.

On Wednesday we ran this same poll question, but it was clear from all of the "Other" answers that I left out quite a few places that should have been included.  So I thought for a weekend bonus poll, I would re-do it with those places added into the answer options.

As The Batavian reported two months ago, Genesee County's dairy farmers have been squeezed by falling prices and higher production costs -- with prices being driven from excess milk supplies during the recession.

The New York Farm Bureau, lead by local dairyman Dean Norton, has convinced the federal government to increase dairy exports, which should help tighten supply and bring prices back in line with production costs.

The move comes after months of advocating from Farm Bureau's farmer/members who directly lobbied USDA with Congressional visits in Washington, sent e-mail messages and called or wrote hundreds of letters to Agriculture Secretary Thomas Vilsack.

"Our members should be proud of their hard work in lobbying for USDA to activate the Dairy Export Incentive Program to help alleviate our dairy crisis," said Dean Norton, president of New York Farm Bureau and a dairy farmer from Batavia.

Dispatcher: "Another one at the Cedar Street Bridge didn't make."

Need we say more?

UPDATE: The driver is identified as Aziz A. Razikov, with a Washinton State drivers license.

I happened by this small accident on Main Street in Batavia just a minute or so after it happened. It occurred about 20 minutes ago.  The street is already clear.

It seemed like a good idea at the time: Le Roy resident John Garner happened to own an old DOT variable message sign, so he offered it as a promotional device to the organizations and businesses of the village.

We reported on the sign in January. The sign was placed on Route 19 and promoted local businesses and community events.

Just as spring started to get sprung, the sign disappeared.

Yesterday, Ann Walters, owner of the Hobby Horse on Main Street, told me the Department of Transportation asked that it be removed.
 

"What a marketing technique," said, Walters, who regrets seeing the sign disappear. "I wish I could say I thought of it."

She said it did help bring business into the village.

Walters impression was that the DOT didn't like one of their signs being used to advertise businesses, and there were concerns about it being a distraction, that the sign should be used only for its intended purpose, which is providing traffic information for drivers.

"How can you control use of a sign when you sell it?" Walters asked. "If you want to control it, you don't sell it."

Garner couldn't be reached for comment (Walters identified Garner as the owner of the sign).

DOT regional spokesman Lori Maher said there's an explanation -- not necessarily simple, but an explanation nonetheless -- for the DOT's position.

The state controls the right-of-way on state routes, which is 66 33 feet (66 total) on either side of the center line (though there are numerous exceptions and variables, so that measurement may not apply on this section of Route 19). There are also strict regulations dealing with commercial sites in visual range of a state road.

Even if the sign was outside of the right-of-way, Maher said, it would still violate sign advertising rules.

"The whole purpose (of these regulations) is to restrict the proliferation of signs containing all kinds of messages, which becomes clutter and a safety issue," Maher said. 

The rules are both state and federal and have their roots in the 1965 Highway Beautification Act, she said.

For more information on the NYS sign policy, click here.

Students from St. Joseph School planted flags on the graves of veterans at St. Joseph's Cemetery yesterday. Nora O'Neill submitted this photo and the one below.

Here is a schedule of Monday's Memorial Day events sponsored by Genesee County Veteran's Services.

7:00 a.m. - Genesee County Park - (Vietnam Veterans of America)

8:00 a.m. - Williams Park

8:30 a.m. - Batavia VA MedicalCenter

8:40 a.m.- New York State Veterans’ Nursing Home

9:00 a.m.- United Memorial Medical Center

9:30 a.m.- Upton Monument

10:15 a.m.- Parade -- forms at Aldi’s market at 9:15 a.m. – travels west on Main Street, left onto Harvester to Veterans’ Plot

11:00 a.m - Veterans’ Plot (Harvester Avenue)