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Law and Order: Woman accused of resisting arrest in Alabama

By Howard B. Owens

Rachel B. Solomon, no age provided, no residence provided, is charged with two counts of criminal contempt, 2nd, obstructing governmental administration, resisting arrest, and three counts of harassment, 2nd. Solomon was arrested following an investigation in an alleged violation of an order of protection. She was jailed on $2,500 bail or $5,000 bond.

Frank Bergholtz, 41, of Franklin Street, Batavia, is charged with possession of a dangerous weapon. Bergholtz allegedly possessed a knife while at the Probation Department office.

Paul J. Doctor, 40, no permanent address, was arrested on a warrant for alleged failure to appear. Doctor was jailed on $500 bail or $2,000 bond.

Zackary Seeley, 21, of Central Avenue, Batavia, is charged with criminal contempt, 2nd. Seeley is accused of violating an order of protection.

Danny D. Williams, 29, no permanent address, is charged with two counts of criminal contempt, 2nd. Williams allegedly violated two orders of protection during a disturbance on Thorpe Street at 9:41 p.m., Sept. 13.

Joshua D. Beardsley, 29, of Groveland, was arrested on a warrant for alleged failure to appear. Beardsley allegedly failed to appear in City Court on an appearance ticket stemming from a traffic ticket. He posted $250 police bail and was released.

Douglas Scott Sprague, 51, of Judge Road, Alabama, is charged with criminal mischief, 4th. Sprague is accused of breaking items in a residence on Judge Road at 6 p.m. Monday during an argument. He was jailed without bail.

Structure fire reported on Alley Road, Darien

By Howard B. Owens

A structure fire is reported at 483 Alley Road, Darien.

That's between Gadd Road and Countyline Road.

The fire has gone to a second alarm.

It was initially reported as a shop fire but it reportedly quickly spread to a residence. A caller reportedly went into the house to assist an elderly resident with getting out.

Darien fire dispatched along with mutual aid companies.

UPDATE 11:34 p.m. (By Billie): The house closest to the blaze was never in danger; there was no flame damage to the house. A neighbor assisted an elderly resident to the back of the property, where the elderly resident's son resides. Meanwhile, a neighbor and the woman's son removed propane tanks from the building. But the all-metal construction of the shop was nonetheless destroyed. The son is a road construction electrical contractor.

UPDATE 1 a.m. (by Howard): The structure was fully involved when the first firefighters arrived on the scene, according to Capt. Ray Felski, so crews immediately took a defensive posture toward fighting the fire.

"Tthe initial report said it was a shop fire and then it was updated that it might have gotten to the residence," Felski said. "On our arrival, it had not gotten into the residence. It was contained to the shop building, which was fully involved on our arrival."

The structure is a total loss, along with four commercial vehicles parked in the building.

Firefighters from three counties and seven companies responded to the fire. No injuries were reported. The humid night required crews to rotate regularly so they could stay hydrated. There is a large pond on the property near the shop, which was a key source of water, Felski said. Tankers were also dispatched to the fire. "Water was not an issue," Felski said.

The property is owned by the Osborn family.

PHOTOS: First four photos submitted by a reader. The rest of the photos by Howard Owens.

Residents in Bethany given info on new public water district

By Howard B. Owens

The decision on creating a new water district for public water in Bethany is really up to residents of the proposed district, Eric Wies told about 300 people at a meeting at Bethany Town Hall on Monday evening.

Wies is a senior associate with Clark Patterson, the consultant on the proposed project.

The Town of Bethany has created prior water districts but this would be the largest one, as District #5, so far, with 28 miles of pipe installed to deliver water to the equivalent of 500 water customers.

The estimated total cost of the project is more than $13 million. The direct cost to residents in the proposed district can be reduced if the USDA determines the median income in the district is low enough, which would enable the district to qualify for a low-interest loan and about a $2 million grant.

Breaking down the cost per water customer, Weis said the calculation begins with determining an "equivalent dwelling unit" (EDU). An EDU is one household with one family. There is a usage formula to determine costs for commercial users.

Multi-family units are calculated based on one EDU for the first family and a half an EDU for each additional family.

There are approximately 500 EDUs in the proposed district.

Customers who hook into the public water will pay a quarterly fee to the Monroe County Water Authority, plus their share of the debt for installation of the infrastructure.

The most optimistic calculation is $1,000 per EDU per year. The most conservative estimate, Wies said, is a bit more than $1,100 per year.

A typical EDU in Genesee County uses 63,000 gallons of water a year. The current Monroe rate is $2.43 per gallon, plus a base charge of 21 cents per gallon. There is a Genesee County surcharge of 60 cents per gallon but the rate will go up to $1.20 per gallon.

At those rates, the average EDU will pay to MCWA a total of $386.34 per year. (NOTE: See clarification below)

"You've really got to do the math and your own evaluation," Weis said.

Only those residents and businesses that connect to public water will pay for water.

But all property owners in the district will be in debt necessary to build the infrastructure.

Currently, residents in the proposed district are being asked to complete an income survey. If the district qualifies as low income, the USDA will provide the district with a low-interest loan and a $2 million grant. Genesee County will also pay $4.5 million of the cost.

The balance of the $13 million cost will need to be financed.

The estimated debt service under this scenario is $519,910.

The loan would take 30 years to pay off but the responsibility for repayment is attached to the property not the property owner.

Each EDU's share of the annual debt payment would be $631.87.

These numbers are just estimates and if the USDA doesn't provide a low-interest loan and grant, the costs would go up slightly.

Given the topography of the district, the infrastructure requirements include two water storage tanks and two pumps.

Residents with well water would either need to cap off those wells or install a backflow system to block backflow of well water into the public water lines. The cost of backflow blocks and connection to the public water line are the responsibility of the property owner.

UPDATE: After comments about the rate calculation, we contacted Eric Wies and asked him for clarification.  Here is what he provided:

MCWA

  • $0.21 per day x 365 days = $76.65
  • $3.43 per 1,000 gallons x 63,000 gallons = $216.09

Genesee County

  • $1.20 per 1,000 gallons x 63,000 gallons = $75.60

Total Annual Water Cost = $368.34

Photo: Judge Balbick shares sunrise picture

By Howard B. Owens

Batavia City Court Judge Robert Balbick saw the photo we shared this morning from yesterday's sunrise as seen at DeWitt Recreation Area and wanted to share the picture he took about the same time at Terry Hills Golf Course.

Tri-Town happy with decision to skip Alexander CSD fee and build new football field

By Howard B. Owens

Last spring, a proposal by the Alexander Central School District to charge fees to the Tri-Town Youth Athletics Association for use of the high school's football field upset many parents of young athletes.

It could have added another $4,000 to the cost of the football program.

Now, according to Lisa Lyons, president of the association, the proposal may have been for the best.

Rather than pay the fee, volunteers banded together and reconstructed a field in need of repair so it could serve as Tri-Town's new football field.

"Somebody mentioned this week as we were cleaning up at the field, and somebody said, 'I think maybe we should write and thank her, thank Ms. Huber (Superintendent Catherine Huber),' " Lyons said. "This has been a really good thing. Our concession stand is thriving. We have everything in one place. It's made things on game days a lot easier. We're not hauling equipment and concessions to the football field and back. It's been a lot better for us. It really has."

The field -- which is on property used by Tri-Town behind the Alexander Fire Department Recreation Hall off of Alexander Road -- was used for soccer and other activities but over the summer, volunteers brought in heavy equipment and stripped the existing grass from the field, regraded it, leveled it and planted new sod. The only expense -- which Lyons said she would need board permission to disclose -- was the new grass.

The new field has brought back a lot of Tri-Town alumni back to check things out and attendance at the youth football games has increased, Lyons said.

"I feel like people have come out to the woodwork to see what’s going," she said.

Tri-Town hasn't completely worked out what it will do for basketball. It's probably unavoidable to use school facilities for practices, which means paying a fee for usage and chaperons (a new requirement from the district) but Lyons indicated they may have other options than using the school on game days.

"We have to weigh out our options and see what the best financial option is," Lyons said.

Photos: Football photos by Howard Owens from Saturday. Construction photos submitted by Lisa Lyons.

Byron-Bergen girls soccer raises $3,000 for cancer research

By Howard B. Owens

Press release:

On Saturday, Sept. 15, the Byron-Bergen soccer teams took to the field looking to score more than one kind of goal. Of course, they wanted to win their games but they also wanted to raise awareness for testicular cancer and a monetary donation to the Wilmont Cancer Institute.

They were successful on all fronts. The varsity girls won 3-0 against Alexander and the varsity boys won 4-1 against Attica. Byron-Bergen players set aside their burgundy team jerseys and played in T-shirts, blue for testicular cancer awareness, reading “Kickin' Cancer” on the front. In addition, they collected $2,910 in cash and checks.

Several vendors were present at the event who will donate a percentage of their sales to the total. When those final numbers are in, the teams are hopeful that it will bring the total to $3,000.

The check presentation to the Wilmont Cancer Institute will be scheduled for later in the school year. 

Photo: Varsity Girls Soccer Team, from left, Miriam Tardy, Chloe Shuskey, Hope Hersom, Holleyann Winder, Rebecca Johnson, Veronica Duell, Lydia Campbell, Zoey Chambry, Elizabeth Donnelly, Julianna Anesbury, Melissa MacCowan, Eden Goff, Kelsey Fuller, and Jillian Menzie.

Photo: Sunset in Bethany

By Howard B. Owens

The sky was beautiful yesterday evening in Genesee County. I was in Bethany but without my camera. I ran into Patrick Reynolds who was out with his Nikon taking pictures so I asked him to send us something.

Photo: Sunrise at DeWitt

By Howard B. Owens

John Michaels took this picture at DeWitt Recreation Area yesterday morning.

Lost kitten on Chandler Avenue

By Howard B. Owens

Bryan Lazarony thinks this kitten is missing a home. He found it on Chandler Avenue, across from UMMC. It has no tags or collar.  

The kitten's owner can call or text (585) 813-5745.

Collins changes mind, will remain on GOP ballot in NY-27

By Howard B. Owens

Rep. Chris Collins, the three-term congressman representing the NY-27 who was arrested on insider trading charges, will remain on the ballot in the November election.

Collins, in contradiction with prior statements, has decided not to cooperate with the efforts of GOP leaders in the district to have his name removed from the ballot and replaced by a new candidate.

Below is the only statement released by the Collins' campaign about the decision:

“Because of the protracted and uncertain nature of any legal effort to replace Congressman Collins we do not see a path allowing Congressman Collins to be replaced on the ballot.”

Statement by Mark Braden, legal counsel for Rep. Chris Collins

GOP county chairs were scheduled to meet tomorrow in Albany to select the person they hoped would replace Collins. WBTA reached Genesee County Chair Dick Siebert this afternoon and he said he was as surprised by the sudden of plans as everybody else.

In response to the news of the decision, Nate McMurray, running as the Democratic opponent to Collins in the election, released the following statement:

Today, Nate McMurray, the Democratic and Working Families Party Candidate for New York’s 27th Congressional District, responded to the breaking news that his opponent, indicted Congressman Chris Collins, the first Member of Congress to endorse President Trump, will remain on the ballot despite long-pushed rumors that he would removed before November.

This morning several local news outlets reported and local Republican leaders confirmed that Congressman Collins, on advice from his attorneys, will choose to remain on the ballot.

“Well, it’s nice to finally know who I’m running against. But, in truth, we always knew we were running against Chris Collins. There are laws for a reason. There is accountability in our society for a reason. And in the greatest democracy in the world, voters weren’t going to take this kind of sham switching around names on a ballot at the whims of local party bosses,” McMurray said.

“I credit the people of Western New York for standing up in town after town saying ‘don’t force him on the ballot in my town.’ They saw through this fraud. They weren’t going to fall for the bait-and-switch strategy by the same team that endorsed, celebrated, took pictures with and defended Chris Collins.

“There is an incredible grassroots movement in NY-27. Like me, the voters want to Fight Like Hell against the political machine that has let them down for so long. They like that I’m an underdog. Every day when I’m out meeting voters, we talk about affordable, accessible healthcare for all, defending Social Security, investing in our infrastructure, protecting our farms. But in this region, we’re still always talking about corruption. Voters have a chance to end that once and for all in NY-27 and I’m excited for the next 50 days.”

McMurray heard the news as he was on stage opening his new office headquarters, his fourth in two months, standing with Democratic National Committee Chairman Tom Perez. Chairman Perez announced the news to a raucous crowd of more than 120 volunteers and supporters as he announced that the DNC was “all in” for Nate’s campaign.

Accident reported on Route 5, East Pembroke

By Howard B. Owens

An accident is reported on Route 5 near Cleveland Road, Batavia.

This is a rollover accident. There was an initial report of a serious injury and entrapment but the patient may be out of the vehicle.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 9:24 a.m.: The driver suffered only minor injuries in this rollover accident. He told a deputy he fell asleep. His vehicle exited the road, went airborne, flipped over and then hit the utility pole sideways, which knocked it back on its wheels. The driver was able to self-extricate. A citation may be issued in  the accident.

Multi-vehicle accident reported on Batavia Elba Townline Road

By Howard B. Owens

A multi-vehicle accident is reported at 3686 Batavia Elba Townline Road, Batavia.

A dump truck is involved.

Extrication is needed.

Unknown injuries but so far no report of serious injuries.

Town of Batavia fire and Mercy EMS dispatched.

Oakfield Fire Police request for traffic control.

UPDATE 9:15 a.m.: Sun was a likely factor in the four-vehicle accident, according to a trooper at the scene. He did, however, anticipate issuing citations. One person was injured, the driver of the silver sedan. She was not seriously hurt. This was actually two accidents. The first accident, the pickup into the garbage truck. The next two cars came along later.

Public hearing dates for state-mandated report on shared services

By Howard B. Owens

Press release:

New York State, as part of the Adopted 2017/18 State Budget, included a mandate on all local governments to discuss and develop shared services ideas and plans for eventual submittal to the County Legislature and subsequently the New York State Department of State.

Part of the process for discussing and developing these public sector shared services plans is to have public meetings/opportunities for citizen input and to take suggestions on possible public sector shared services opportunities that have not already occurred and are in place.

The Genesee County Legislature scheduled three Public Hearings and has added a fourth opportunity for public comment to be held Tuesday, Sept. 18, at 4:30 p.m. in the Old Courthouse, 7 Main St., Batavia. All interested citizens are encouraged to attend and provide comments.

Video: Theft of produce stand cash box in Darien

By Howard B. Owens

On two occasions, a cash box from a produce stand, The Cornercopia, at Route 77 and Route 20 in Darien has been stolen. 

After the first burglary, a more secure lock was installed and the thieves took the entire red plate steel cash box.

A cash reward is being offered for information leading to the arrest and successful prosecution of the suspects.

The two people in this video (who brought their dogs with them, and one of the men can be seen apparently hitting one of the dogs at about the 1:50 mark) are possible suspects and the owners of the fruit stand are asking anybody with information to come forward and contact local law enforcement. 

The State Police are handling the investigation. To report any information that may assist in the investigation, call (585) 343-5000.

Photo: A bunch of turkeys in Byron

By Howard B. Owens

Ed Glow shared this photo of a rafter of turkeys about 30 yards from his home on Merrill Road in Byron.

He said he first saw a tom and three hens and a few young birds about three weeks ago. They reappeared a couple of days ago and he figures the young ones have doubled in size since then.

He counted 21 birds total. 

"Almost makes me want to start hunting again," Glow said.

Annual reading of John Gardner set for Oct. 27 at the Pok-A-Dot

By Howard B. Owens

The John Gardner Society will host its annual reading of Batavia's most renowned novelist at the Pok-A-Dot the evening of Oct. 27.

The reading will start at 8 p.m.

Anybody with an interest in Gardner, literature, Batavia's history, or just looking for an evening of camaraderie and entertainment, is invited to attend or read their own favorite passages from Gardner's work.

For more information or to be added to the list of readers, contact Bill Kauffman at bkbatavia@yahoo.com.

The event is sponsored by the John Gardner Society and Genesee Community College.

Photo: File photo from last year's reading.

City fire announces annual poster contest

By Howard B. Owens

Press release:

The City of Batavia Fire Department is sponsoring the sixth Annual Fire Prevention Week Coloring Contest. This coloring contest is open to students from kindergarten through grade 5.

“Our hope is to get the children to discuss fire safety with their teachers, other students and parents/guardians,” an organizer said.

Information has been distributed to City schools, but we wanted to include any City area homeschooled children as well.

Copies of the official coloring page and contest rules can be picked up at City Fire Headquarters, 18 Evans St. We encourage all eligible students to participate.

The 2018 Fire Prevention Week (Oct. 7-13) theme is “LOOK. LISTEN. LEARN. Be aware. Fire can happen anywhere.” Additional information can be found at the Fire Prevention Week website www.FPW.org

Any posters wishing to be entered need to be at the Fire Station located at 18 Evans St. in Batavia no later than 4 p.m. on Thursday, Oct. 11.

Judging of the posters will take place Oct. 12th – 15th.

The winner of each group will receive a ride to school on a City Fire Engine, and be invited to a special awards luncheon with their family held at the fire station. Second- and third-place finishers in each group will also be invited to the fire station awards luncheon.

The best of luck to the students! Full rules are available at the City of Batavia Fire Department at 18 Evans St. in Batavia or email the Fire Prevention Officer, Lt. Greg Ireland, at:   gireland@batavianewyork.com

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