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David P. Neibert, 23, of Albion, is charged with DWAI-Drugs, two counts of criminal possession of a hypodermic instrument, criminal possesion of a controlled substance and several vehicle infractions. Neibert was charged following a head-on collision on Route 98 near West Saile Drive on Wednesday. Neibert's pickup truck hit a Thruway maintenance truck driven by Nick Ciccarelli, 42, of Lancaster. Ciccarelli was uninjured in the accident. A passenger in the Thruway truck, Kevin Thompson, 40, of West Seneca, transported himself to Mercy Hospital for a possible neck injury.

Thomas John Bressinger, 42, of Countyline Road, Darien, is charged with criminal mischief, 4th, and harassment, 2nd. After coming home from work on Thursday, Bressinger is accused of breaking a computer monitor, punching holes in the wall next to his wife's head, kicking her and threatening to kill her.

An unknown type fire has been reported off Sumner Road, between Fargo and Countyline roads.

The caller reports seeing flames and a glow in the sky.

Darien Fire is being dispatched.

UPDATE 9:59 p.m.: It's sounding like a controlled burn. Law enforcement requested to the scene. A chief said, "I explained to him the other day he can't just burn anything."

The Sheriff's Office has released the identity of a man missing for more than a day from his home in Darien.

He is Jeffrey G. Fredericks, 66, of 1177 Sumner Road. He is 5'11" and 180 lbs. with blue eyes and "salt and pepper" hair.

Anybody with information that might help locate Fredericks is asked to call the Sheriff's Office 585-343-3000.

UPDATE 8:23 p.m.: Photo added. The command center has been moved to the Darien fire hall. Erie County's search and rescue team is on scene. Pending Fredericks being found, the search will continue until midnight. By midnight, teams will have meticulously searched about 200 acres of woods, marsh, streams and fields.

Previously:

• Search for missing man in Darien is continuing
• Multi-agency search under way in Darien for missing man

It can be hard to admit you might have been scammed, but if you think you've been caught up in a paving scam, Investigator Leo Hunter of the New York State Police needs to hear from you.

A family of Gypsies by the last name of Stanley, who have a record of arrests and lawsuits in other jurisdictions, may be operating in the area.

As The Batavian reported yesterday, one Corfu couple complained to the State Police this week about an apparent scam. A man identified as J. Stanley told a couple that he had extra asphalt left over from another job, and that he could pave their driveway for $3,000. But the couple wound up paying $7,500 once the job was completed.

From California to New Hampshire, the Stanleys are accused of tricking residents into paying high prices for shoddy paving jobs.

But proving an actual crime was committed locally could be difficult unless other alleged victims can be found.

The group of workers is described as driving shiny and spotlessly clean bright red trucks.

Hunter said the Stanley's normal mode of operating is to pull up to a house in like-new trucks and talk a good game about an inexpensive paving job. Then when the job is about half way through, start arguing among themselves -- to create an environment of confusion -- with the boss saying it's more work than expected and more asphalt is needed. They threaten to leave, with an incomplete paving job, unless the homeowner agrees to pay more.

According to Hunter, the Office of Homeland Security provided information on the Stanleys. They are believed to operate under a number of business names, including Century Paving and Driveways, Road One Paving, Patriot Paving, Verizon Paving and Premier Paving.

There are pending lawsuits involving the Stanleys in Vermont and Washington, Hunter said.

"They're bilking people out of money to the tune of millions," Hunter said.

One problem that makes them difficult to prosecute, Hunter said, is that just enough of the job is done to make the issue more of a civil matter than a criminal matter.

To contact Investigator Hunter call 344-6200, ext. 6212. If Hunter isn't available, ask for a supervisor.

Previously: Traveling pavement crews may be running asphalt scam in region

Google: "Stanley Paving Scams."

Even in this morning's downpour, contractors were out on Ellicott Street milling the intersections in preparation for resurfacing.

Search teams remain on scene in the Sumner Road of Darien at this hour looking for a man missing since yesterday afternoon, and according to Emergency Management Coordinator Tim Yaeger, the search may continue into the night and into tomorrow, if necessary.

Yaeger said searchers will take a break shortly and then the search may be taken up by fresh teams from Erie County.

The missing man is described as 66 years old, but since nobody saw him leave his house, there's no description of clothing available.

His family reported him missing at about 9 p.m. yesterday after spending close to seven hours themselves looking for him.

There is some concern that he may have been suicidal, but that isn't clear, according to Chief Deputy Gordon Dibble.

"We just don't know," Dibble said.

Family members became concerned when they came home at 2 p.m. and all of his vehicles were still at the house. He was scheduled to report to work at 1 p.m., but there was a message on the answering machine indicating he never showed up. 

Family members searched the immediate surrounding area but couldn't locate him.

The multi-agency search began last night and included a State Police helicopter using infrared technology. 

What was described as  a "hot spot" by Dibble was found not far from the house, but nothing was found when search teams scoured the area just before midnight.

The search was halted for the rest of the night and resumed about 8:30 a.m. today. Personnel from the Sheriff's Office, State Police, the Darien Lake Park Police, the Erie County Sheriff's Office, the Darien Fire Department and Monroe County K-9 units have participated in the search.

Genesee County Emergency Management Services have provided scene support and a command post on Sumner Road just west of Route 77.

UPDATED 12:28 p.m.

Several law enforcement agencies have converged in the Sumner Road area of Darien in search for a man who didn't show up for work yesterday and hasn't been seen since yesterday afternoon.

The search began last night about 9 p.m., was suspended for a while overnight, and began again this morning.

There is some concern the man may be suicidal, but Chief Deputy Gordon Dibble said, "We just don't know." He could be out in the woods, he could have been picked up by a friend.

The State Police helicopter was used last night and this morning before weather grounded it. The search is also being conducted on the ground with ATVs, on foot, with K-9 and a cell phone tracking truck has been deployed.

The Genesee County Sheriff's Office as well as State Police, the park police, Erie County law enforcement and the Genesee County Office of Emergency Management are on scene.

The man is not believed to be a danger to the public.

MORE TK

Funeral services have been set for Jacquelyn Dawson, the 65-year-old retiree of the Genesee County Court, who died Tuesday following a two-car accident at 9:15 a.m. on Oak Street, Batavia.

A Mass of Christian Burial will be held at noon Saturday at Resurrection Parish (St. Mary’s site), 18 Ellicott St. Calling hours at Gilmartin, 329-333 West Main St., are from 4 to 8 p.m., Friday.

Full obituary.

Today we received two photos from readers of yesterday's sunset. The top photo was submitted by Frank Capuano; the second, by Kevin Rathod.

The driver of a white pickup truck needed to be extricated from his vehicle after he apparently swerved into oncoming traffic on Route 98 and nearly hit a Thruway maintenance truck head on.

The driver, whose identity is not available, was transported to an area hospital by Mercy Flight.

There were no injuries reported in the Thruway truck.

Witnesses and State Police say the pickup truck driver was southbound when he crossed into the northbound lane. His small truck caught the left front fender of the Thruway truck and nearly sheared off the front wheel.

The pickup truck came to rest about 100 yards down the road, rolling down (but apparently not rolling over) an embankment.

Route 98 was closed in both directions between Park Road and West Saile Drive.

A Corfu couple is feeling burned and they want to warn other area residents not to fall for the same scam a traveling pavement company pulled on them.

The couple -- who asked not to be identified -- paid $7,500 to have an asphalt driveway installed, which was more than the original $3-per-square-foot quote the contractor gave when he arrived at their door saying he had some asphalt left over from a previous job.

While the two-day-old driveway looks beautiful and black right now, the couple has since learned it won't even last a year.

The husband first became suspicious when, after the job was done, the contractor insisted on getting a check immediately because he said he needed to pay for the asphalt. The man thought, "why does he need to pay for asphalt if it was extra?"

About that time, the wife called her parents and her father said he had read about asphalt driveway scams on the Internet.

That's when they decided to call police and contact local media. The couple claim the out-of-state contractor -- whom we're not identifying because the case remains under investigation -- is listed on a website that warns of just such scams. They say crew boss is wanted for the same alleged scam in other states. (We didn't find the same site, but search "driveway paving scams" in Google and you'll find thousands of articles on the topic.)

After the asphalt was down and the check was cashed, the homeowners had another local contractor look at the work. He said, according to the couple, that the workers who put down the asphalt didn't prepare the bed properly and the asphalt needs to be about three times thicker than it is.

We called Tim Hens, county highway superintendent, for his expert opinion and Hens said a well-installed asphalt driveway would have a sealing coat over a crushed rock bed and about three inches of asphalt laid.

The Corfu couple's driveway is an inch or less thick.

"It's not uncommon for contractors to have extra asphalt after a job," Hens said. "But I've never heard of them going around door-to-door trying to peddle it for another job. It's just not how it's done."

State Police Investigator Leo Hunter is looking into the Corfu case, but his investigation began only yesterday. He said it's not clear yet that a crime has been committed. If it's just a matter of alleged shoddy work, it could be a civil matter. However, if there are other local victims of the same firm, that could indicate deliberate fraud taking place.

The Los Angeles Times offers these seven signs that you're being scammed:

• Unsolicited offers to do painting, roofing or paving work
• Claims of leftover materials
• High-pressure or scare tactics
• Reluctance to sign a written contract
• Demand for payment in cash
• New vehicles and out-of-state license plates
• Toll-free telephone contact numbers instead of a local number

Or as Hens put it, "If it seems too good to be true, it probably is."

"You get what you pay for," he added.

As for the Corfu couple, they're feeling both angry and embarrassed.

"It's almost as if you're naive if you believe people these days," said the husband.

After chasing a story in Corfu that didn't pan out, I took a look at the fabulous late afternoon sky and decided to drive around a bit and see what interesting features of Genesee County I could find to photograph. It was actually on my drive back to Batavia, with the sun setting quickly, that I decided to stop and photograph this barn on Pearl Street Road in the Town of Batavia.

Carl Paladino, a wealthy Buffalo businessman with a penchant for forwarding racist and pornographic e-mails to his friends, upset the GOP establishment Tuesday with a come-from-behind victory in the Republican primary.

In Genesee County, Paladino's victory was nothing less than a landslide, as he beat out mainstream GOP contender Rick Lazio with 2,552 votes compared to Lazio's 303.

The New York Times:

The result was a potentially destabilizing blow for New York Republicans. It put at the top of the party’s ticket a volatile newcomer who has forwarded e-mails to friends containing racist jokes and pornographic images, espoused turning prisons into dormitories where welfare recipients could be given classes on hygiene, and defended an ally’s comparison of the Assembly speaker, Sheldon Silver, who is Jewish, to “an Antichrist or a Hitler.”

In the Senate primaries, Kirsten Gillibrand easily won the Democratic nomination and GOP voters picked Joseph DioGuardi with 42 percent of the vote over David Malpass with 38 percent.

Gillibrand picked up 80 percent of the vote in Genesee County.

If you get busted for DWI in Genesee County -- assuming you're convicted -- you're going to wind up paying out a good chunk of change that officials hope will help prevent a future DWI arrest, if not a tragic accident.

All of the fines collected from people convicted of DWI in Genesee County goes into a Stop DWI program administered by Assistant Court Manager Frank Ciaccia.

On Tuesday, Ciaccia presented a 2010-2011 budget for Stop DWI to the Legislature's Ways and Means Committee.

The budget of $262,000 distributes funds to the Sheriff's Office, Batavia Police, the courts, probation, prosecution and GCASA and are used by those agencies on either education about drinking and driving or to enforce existing laws.

Ciaccia thinks the programs, especially the education programs, have been working.

DWI arrests have been steadily declining for years, Ciaccia said. From 2008 to 2009, DWI arrests in Genesee County dropped from 356 to 321.

"More people just know not to drink and drive," Ciaccia said.

Stop DWI is funded entirely by DWI conviction fines, and 100 percent of those fines go to Stop DWI programs.

On Monday, the Batavia City Council gave out its annual awards. Above left, Jeff Gillard receives the Volunteer of the Year award.

Confidential Secretary Jodie Freese, left, and Financial Clerk Teri Gass were named Co-Employees of the Year.

David Allen and his girlfriend Carol Emerson received the Homeowner of the Year award.

Photo unavailable: Brian Kemp of T-Shirts Etc., Business of the Year.

A woman involved in a two-car accident on Oak Street, Batavia, this morning has died as a result of her injuries.

Jacquelyn B. Dawson, 65, of 5175 Sunset Terrace, died at Strong Memorial Hospital after being transported there by Mercy Flight.

Dawson's car was hit at 9:18 a.m. by a pickup truck at the intersection of Oak and Union streets.

The driver of the truck, Kelly Creegan, of 48 South Main St., Elba, was also transported to a hospital.

The accident remains under investigation by Batavia Police. So far, there have been no charges or citations issued.

In the years since Jason Molino took over as city manager, Batavia has gone from an annual deficit of $1.2 million to a surplus in 2009-2010 of $475,800.

Yet, minutes after the City Council heard an audit report on the city's improving financial condition, the council split 4-5 on a motion to meet in a closed session to grant Molino -- among the lowest paid top administrators of any city in the state -- a modest raise.

Councilman Bob Bialkowski asked to postpone the discussion saying he had only recently received information that should be investigated before a vote on Molino's compensation.

When the council did go into closed session, Councilwoman Rose Mary Christian declined to join the discussion.

There are families in Batavia that are hurting financially, Christian said, and until the economy turns around, she can't support any increase in spending.

While the other council members huddled behind a closed door, Christian said she thinks highly of Molino.

"I am not opposed to Jason Molino by any means," Christian said. "I’m opposed to any more spending."

When the council emerged, a resolution was passed on an 8-1 vote granting Molino a 1.5-percent pay increase retroactive to April 1, 2010.

Molino makes $84,260. The top administrator in Beacon, with a population 2,000 less than Batavia, makes $123,000. In Cortland, with a slightly bigger population, the top administrator makes $101,000. Geneva's city manager makes $94,000. (See Through New York for salaries; CityTownInfo.com for populations.)

Meanwhile, an audit report prepared by Freed Maxick & Battaglia shows that the city matched actual revenue with budgeted revenue in the recent fiscal year, after three consecutive years of exceeding revenue projections.

On the expenditure side of the ledger, the city, for the third-straight year kept spending below budget levels, with $445,000 saved in 2009-10.

Auditor Laura Landers (inset picture) credited the city with conservative budgeting, cuts in 2008-09, a decrease in health insurance costs, not filling vacant positions and deferring expenditures on aging equipment.

The city has been able to build a fund balance of $2.8 million over the past four years. In 2006, the fund balance was in the red $1.3 million.

The fund balance allows the city to build reserves for workers' compensation, insurance, capital projects, employee benefits and other reserves necessary to provide the city with a cushion against deficit spending.

Among the areas Molino recommends building up fund reserves for is the Department of Public Works and fire department equipment. He recommends reserves of $150,000 for DPW and $50,000 for fire. Within five years, Molino said, the fire department will need a new pumper.

"Right now, most of our equipment, if not all, is completely depreciated," Molino said. "Last year was the first time we purchased equipment in about seven or eight years."

While I was trying to take a picture of Christian alone in the council chambers, Chief Randy Baker came over and started talking with her, and then Jason Molino wanted to jump in the picture.