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The nets on two tennis courts at MacArthur Park, Batavia, are damaged and a third is missing, according to a maintenance worker.

Batavia PD is being dispatched to take a report.

A Batavia man may be lucky to be alive after falling more than 30 feet from the top of Buttermilk Falls on Thursday evening and landing on a small rock ledge rather than dropping another 40 feet into the churning waters below.

More than 60 of Genesee County's emergency responders were on scene within 30 minutes of the 6:54 p.m. 9-1-1 call, which initially indicated a juvenile male had fallen over the falls and was being swept downstream.

Brandon C. Smart, 34, of Batavia, was taken by ground ambulance to Strong Memorial Hospital with a head injury, a cut and complaint of neck pain.

The cause of Smart's fall, according to the Sheriff's Office, is a combination of drinking and Smart trying to pass a case of beer to another person further down the cliff.

Buttermilk Falls is less than a mile east of Route 19, and just north of North Road, where the road makes a sharp turn in an area where it crosses Oakta Creek. Crocker Ace Hardware is nearby.

Based on the original information given to dispatchers, Le Roy Fire responded and sent one rescue team downstream and positioned another team near the top of the falls. When Chief Tom Wood (on the right on the top inset photo) learned the victim had landed on the ledge, he requested the county's rope rescue team respond.

Smart, who was initially reported as being unconscious, was on the ledge until 9:11 p.m.

Initially, Mercy Flight was requested to the scene because of the possible serious injuries, but once Smart was brought back to the top of the falls, responders decided to take him to Strong Memorial Hospital by ground ambulance.

After Smart's fall, Michael C. Hayes, 24, of Rochester (wearing the Sheriff's raincoat top photo; shirtless in the picture below), climbed down to his position.

Although Hayes was uninjured, the rope team needed to rescue him as well.

Sgt. Steven Mullen (bottom inset photo), Sheriff's Office, said Hayes getting on the ledge himself just made the rescue that much more dangerous for all involved.

"As these gentlemen have spoke about, a technical rescue like this on the face of a waterfall, which is slippery and overgrown with moss and vegetation, is nothing that I would suggest," Mullen said. "It makes their job that much tougher when you have two people that need to be rescued as opposed to one."

When rescuers were ready to try and hoist Smart back to the top of the falls, he reportedly became uncooperative.

"It was a little bit of a precarious situation considering that these rescuers are on a ledge with a 40-foot drop below them," said Tim Yaeger, Emergency Services director (on the left in the top inset photo), "We had a situation where we tried to talk to that individual for a while to help him understand the situation so we could secure the person into a harness to bring him back up to the topside. That was deemed to be unsuccessful, so law enforcement was asked to assist."

Mullen made his way to the ledge and talked with the Smart for 10 or 15 minutes and convinced him to get into the harness.

Yaeger said officials were unsure if Smart was uncooperative because of his head injury -- patients with head injuries often become combative -- or if other factors played a role.

Mullen said Smart had been drinking prior to the fall.

"He wasn’t making a whole lot of sense," Mullen said. "He was somewhat irrational. That’s one reason he was transported by ground ambulance. If he becomes aggressive, he would be much easier to handle."

The two men who were rescued were apparently part of a group of at least seven people who went to the falls Thursday and Mullen said all appeared to have been drinking.

Seven people have been charged with trespass. They are, Hayes; Tatijana M. Kacurovski, 19, of Everwood Run, Webster; Sara M. Gianni, 20, of Quincy Street, Rochester; Donald E. Hayes, 27, of Quincy Street, Rochester; James A. Sharpstene, 25, of Morrow Road, Pavilion; Nathanial D. Clark, 20, of Milburn Street, Rochester; and, Melany M. Schlicker, 18, of Countess Road, Henrietta.

All seven suspects were issued appearance tickets.

Charges are pending against Smart.

Buttermilk Falls is owned by Carla Crocker, a Le Roy resident.

Yaeger said people trespassing at the falls not only put themselves at risk, but all of the people who need to respond when an accident occurs.

"That’s something to think about," Yaeger said. "The fact that these kids may be sightseeing and walking and seeing the falls from both sides, but if something were to happen, they’re putting a lot of individuals at risk."

Chief Wood said during his 12 yeas with the department, there are been three people who fell from the top of the falls. The first two victims died as a result.

Eric Friedhaber, a Le Roy resident whose property abuts the top of Buttermilk Falls, said trespassers are common on both sides of the creek around the falls.

"There's no guard rails so you can get pretty close to the edge," Friedhaber said. "When you go back there, there are lots of beer bottles and cans and graffiti on the bridge. Any time the weather's nice and there's water in the creek, people go back there and hang out. It's a party spot for kids."

Friedhaber said he's seen people get pretty close to the edge of the falls, even dancing at the edge of the falls.

"Every day three or four cars are parked out here and people go back there all the time,"  Friedhaber said. "I’m kind of surprised it (people falling) hasn’t happened more often."

Responding to the scene today: Le Roy fire, Sheriff's Office, Mercy EMS, Mercy Flight, Bergen fire, Genesee County Emergency Services and the rope rescue team.

Bottom photo of Buttermilk Falls taken by Eric Friedhaber on an earlier date.

In a statement posted on its Web site, Le Roy Central School District Superintendent Kim Cox announced today that tests conducted by a Rochester environmental firm found "no adverse health impacts from contaminants in the air, soil or water in or around our high school campus."

The air, soil and water testing was completed by Leader, and Cox said the district received an extensive report on Leader's findings.

Leader did recommend the stack of the school's boiler be made taller to eliminate noxious odors that were coming into the school.

"While not considered a health issue, the odor was an annoyance and so we proceeded with this project in March," Cox said. "Additional work will be done this summer so that this issue is effectively alleviated."

While not releasing the cost of the stack replacement nor the cost of the testing, Cox said the state has agreed to pay for 92 percent of the cost of both projects.

Cox said the state picking up most of the bill, "is truly good news for everyone in the district," adding, "We are hopeful that other incidental costs will also be supported by the state."

Key among the findings, Cox noted, is that no TCE was found on campus.

The entire testing issue arose as a result of a number of students at the school developing a movement disorder, often called tics. 

Many Le Roy residents speculated about a link between a Lehigh Valley train wreck in the 1970s that spilled massive amounts of TCE about a mile-and-a-half upstream from the school, and that possibly crushed stone was used from the quarry in the school's construction, or construction of ball fields.

Environmental researcher Bob Bowcock from California, sent to Le Roy by Erin Brockovich, brought to public light the apparent failure of the EPA to adequately clean up the Superfund site. Though, Bowcock was skeptical of any link between the TCE spill and the movement disorder and through his own research eventually concluded there was likely no tie.

The disorder was labeled "mysterious" by national and international media as dozens of camera crews from major networks and syndicated talk shows along with print and online media converged on Le Roy in February.

The tics turned out to be the result of pre-existing conditions for many students or conversion disorder for others, which is a response to stress and can be transmitted as a form of mass psychogenic illness.

"The best news of all is that our students are doing well," Cox said today.

The full report, more than 6,000 pages, can be downloaded in a series of eight files linked to the bottom of Cox's statement.

Another of the five defendants rounded up July 9, 2009, as part of a local and federal investigation into the distribution of methamphetamine in Genesee County entered a guilty plea today in federal court.

Andrew Chapman, 42, of Batavia, admitted to conspiracy to possess with intent to distribute, and to distribute,  methamphetamine.

He faces a possible maximum sentence of 20 years in prison, a $1 million fine, or both.

Chapman received the meth he sold from Donald G. Vanelli II, 49, of Le Roy, who is serving more than 17 years for his role in the sale and distribution of meth locally.

Also charged as a result of the investigation by the Local Drug Enforcement Task Force, the FBI and the DEA, were David H. Cohen, 51, of 918 Goodman St., Rochester, Donna L. Boon (aka Donna McAuley), 46, of 3658 Batavia-Oakfield Townline Road; and Kerry A. Ball, 53, of 7202 Meadville Road, Basom.

The status of Ball's case was not released, but the case against Cohen is still pending.

Boon's charged related to the initial arrest were later dismissed and Boon proclaimed her innocence, but she was subsequently re-arrested.

Chapman will be sentenced Sept. 17.

Jeremy Yasses really misses those Friday afternoon lunches with his dad at St. Nick's, and after a while, he figured the only way he was going to get them back was if he bought the building on South Swan Street, Batavia, and provided the help to reopen it.

Today, Yasses closed on his $40,000 purchase, which included the contents of the building.

At 6 p.m., June 24, Yasses will host a meeting at the St. Nicholas for anybody who is interested in talking about forming a new club.

So far, he said, many former St. Nick's members have expressed interest in getting the club going again.

Yasses has also tried contacting former Elks Lodge members about sharing the space, but so far the response from the Elks has been cool.

"I'm willing to give free rent or a free lease for some period of time," Yasses said. "I really want to get the club going again. If that doesn't happen, well, OK, I have other people interested in the building."

Yasses said there are doctors interested in the space, or it might work for a veterinarian's office, and of course with all the space, the kitchen and large parking lot, it would also work for a restaurant. Whatever the space becomes, Yasses said, it needs to fit the zoning for the sake of the residential neighbors.

Recently, Yasses renovated a house at 38 Montclair St., Batavia, that he purchased out of an estate sale. Prior to that, he renovated a house on Ellicott Street that he purchased at a city tax lien auction.

"I've gotten only positive feedback (from city officials) on the properties I'm going to flip or renovate," Yasses said.

He said the initial feedback from the city has been supportive of his purchase and plans for the St. Nick's building.

Officially, if the new club is formed, it can't be known as the St. Nicholas Club. That business name has too many judgements against it and there are too many vendors that won't work with that business any longer.

Still, Yasses is hopeful the club -- if not in name, at least in spirit -- can be revived.

"I was a member, my dad was a member and my granddad was a member," Yasses said. "My idea is if we can get 300 members -- I believe they had 500 or 600 members when they shut down -- get 300 members to give $100, that's 30 grand. That will get the place going."

Matthew Charles Olcott, 33, of Overlook Drive, Batavia, is charged with unauthorized use of a vehicle and aggravated unlicensed operation. Olcott is accused of taking his wife's car and using it without permission. Olcott allegedly does not have a NYS license.

Lisa A. Fleming, 44, of Batavia, is charged with criminal contempt, 2nd, disobeying a court order and acting in a manner injurious to a child under 17 years of age; Anthony D. Alexander, 38, of Batavia, is charged with criminal contempt, 2nd, disobeying a court order. Fleming and Alexander were arrested by State Police as part of the same criminal investigation. The incident was reported at 1 p.m. on May 23. Fleming was arrested June 6 and Alexander was arrested Tuesday. No further details released.

A Batavia man tried to break up a fight between two girls in Attica on Tuesday night and wound up in the hospital with a head injury after the boyfriend of one of the girls allegedly hit him.

Grayson Stock, 20, was found semiconscious by EMS personnel and transported to an area hospital where he received stitches to his mouth and back of his head.

Taken into custody and charged with assault, 3rd, was Brandon B. Harrington, 17, of 2719 Humphrey Road, Varysburg.

The incident was reported at 10:30 p.m. at Main and Prospect streets, Village of Attica.

According to the Attica PD, Harrington hit Stock once and Stock fell backward hitting his head on the sidewalk.

Stock was initially transported to Wyoming County Hospital and later transferred to ECMC for observation.

Harrington was jailed on $1,000 bail.

Genesee County Economic Development Center has approved the following projects for development incentives:

Batavia Animal Hospital (Perry Vet), 3699 W. Main St. Road, Batavia, is constructing a new 6,300-square-foot facility behind its current building. The project will receive a sales tax exemption of $76,960, a mortgage tax exemption of $16,250 and a property tax exemption of $80,994. Perry Vet is investigating $1.733 million in the project. The project will create five new jobs and retain 11 jobs.

Merrill Lynch, 24 Masse Place, Batavia, is moving into new office space. Merrill Lynch is receiving a $13,360 sales tax exemption. The company's total investment is $867,000. The project will create 16 new jobs.

Genesee & Mohawk Railroad - GVT, 100 Evans St., Batavia, is adding a 2,800-square-foot headquarters building next to a 31,000-square-foot transload warehouse constructed in 2008 for $2 million. The headquarters project will receive $13,600 in sales tax exemption, $3,750 mortgage tax exemption and $42,762 property tax exemption.The company is investing $360,000. The project will create two new jobs and retain 19.

Le Roy Motors, 7000 W. Main Road, Le Roy, is expanding its current facility by 2,400 square feet and renovating its interior. Le Roy Motors will receive $33,600 sales tax exemption, $9,375 mortgage tax exemption and a $29,631 property tax exemption. The company is investing $785,000. The project will create three new jobs and retain 35 jobs.

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) recently attended the Assembly Minority’s annual Dairy Day celebration in the Well of the Legislative Office Building in Albany.

Hawley joined event sponsors Assembly Minority Leader Brian Kolb and Assemblyman Ken Blankenbush, as well as state agriculture representatives and members of New York’s dairy industry, to celebrate the benefits of dairy products to the health of the state’s economy and its citizens.

The event featured an award ceremony with Super Bowl champion, former New York Giants running back and Syracuse University alumnus Joe Morris, spokesperson of the NFL “Fuel Up to Play 60” program. He presented a plaque to students from a New York elementary school for their commitment to the Fuel Up to Play 60 program, which stresses the importance of consuming nutrient-rich foods, such as dairy products, and exercising at least 60 minutes each day.

“Every year, I circle Dairy Day on my calendar because I take such pride in promoting the myriad of positive impact our local dairy farmers have on all New Yorkers,” Hawley said. “From the healthy food products they offer our families to the economic support they provide the state through job creation and revenue, dairy farmers are a vital component of our identity as New Yorkers.

"Especially in Western New York, we reap the benefits of our dairy farms each and every day, and I encourage all New Yorkers to support their local farm. Not only is it good for the economy’s health and your own health as well, but the dairy products in New York simply cannot be beat!”

According to the New York Farm Bureau, there are approximately 35,000 farms in New York and 99 percent are family owned.

New York State is home to nearly 5,700 dairy farms and 610,000 cows. In 2010, New York dairy cows produced 12 billion gallons of milk, or 20,807 gallons per cow. Dairy and animal production in New York provided $2.39 billion value of production to farmers in 2010, while distribution and processing is approximately $10 billion statewide and $50 billion regionally on an annual basis.

New York State is currently fourth in the nation in dairy production.

Assemblyman Hawley is a past president and 35-year member of the New York Farm Bureau. He formerly owned and operated Hawley Farms and has served on the Assembly Committee on Agriculture for the entirety of his six-and-a-half years in state government.

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This morning I realized, gee, we haven't picked the winners yet of our two most recent Facebook contests.

So, here they are:

Sam Tambe wins the Bontrager Auction content. Sam wins a $100 gift certificate to be redeemed at an auction.

Joshua Martin wins the Hardcor Audio contest. Joshua wins a Parrot Minikit from Hardcor.

Both winners became eligible by Liking the respective businesses on Facebook and then registering for the contest.

Business owners: What to boost the number of followers you have on Facebook? Contact Lisa Ace at 250-4118 and ask about our Facebook contests.

Two dogs on River Road were rescued today from a home on River Road, Pavilion, after a fire ignited in the back of the manufactured home while the tenants were not home.

Steven Barnhardt, a neighbor, opened the unlocked front door, and even though the ceiling had black smoke rolling over it, entered the house, let the dogs out of their cages and then yelled to see if anybody was in the house.

"There was black smoke and flames coming out the back window and as soon as I got out, it started coming out of the roof," Barnhardt said.

The fire appears to have started in a rear bedroom and was possibly related to an electrical issue, though no appliances were believed to be running at the time the fire started.

Besides the dogs, two cats were saved, though as of 6 p.m., one was still missing.

While the dogs ran off from the fire scene, they returned later and were reunited with their owners.

The residence is owned by Matthew Janis and his tenants were Cory Harkness and Chelsea Zeluff.

Pavilion Chief Paul Dougherty said that even though the response was quick and most of the house was saved, given the type of construction, it's probably a total loss.

"It's probably easier to move another manufactured dwelling here than reconstruct this one," Dougherty said.

The property is valued at $61,000.

Dougherty said the black smoke from the fire was visible from some distance away and when chiefs arrived on scene, there was fire coming from two back windows and from under the eaves.

The biggest difficulty firefighters faced was the flimsy nature of the floor of the manufactured house.

"A hole was already burned through the floor in one of the rooms," Dougherty said. "Fortunately, there is no basement, so the first guy or two just kind of settled through the floor and they were able to to get themselves out and continue with the suppression."

Mutual aid at the scene included Stafford, Bethany, Batavia's Fast Team, Le Roy, Alexander, Lester, York, Perry, Perry Center and Wyoming.

Dougherty said due to the lack of public water in the area, Pavilion needed the assistance of several of the surrounding department's tankers and crews to help with the water supply.

Genesee County Emergency Services assisted at the scene and with the investigation.

Deputy Brad Mazur is assisting in the investigation.

A sewer district for West Main Street Road, Town of Batavia, was approved by voters today, with 53 yes votes and 19 no votes.

Batavia PD investigators are still unsure how a 51-year-old resident of 400 Towers fell from a seventh-floor window to his death Tuesday afternoon.

Police officials believe William Hastings was alone in his apartment at the time of his fall.

He fell through the screen of the window, partially tearing it away.

"I was in the parking lot and seen the man falling so I ran over immediately," said 22-year-old Richard Smith. "I called 9-1-1 as I was running. I was the first to get to him. It was a pretty bad thing to see. I'm a little shaken up. It's a hard thing to see. I've never witnessed anything like that in my life."

Dispatchers received Smith's call just before 2:55 p.m.

Medical personal were on scene less than a minute after Smith's call, but there appeared to be little chance to revive Hastings. Less than five minutes after the initial call, personnel were covering Hastings body.

Smith said when he reached Hastings the man didn't appear to be breathing and Smith believes Hastings had already succumbed to the trauma of the fall.

Coroner Robert Yungfleisch arrived a short time later and pronounced Hastings dead.

Lt. Eugene Jankowski said detectives were conducting a thorough investigation, looking into all possible reasons Hastings might have fallen from the window. They were gathering evidence and interviewing witnesses and people who knew Hastings.

'It's still too early to say what happened," Jankowski said.

Hastings was taken to the Monroe County Medical Examiner's Office for an autopsy. 

Autopsy findings have not yet been released.

Jankowski said Hastings was married, but he didn't know if his wife lived with him at 400 Towers.

The facility is run by the Batavia Housing Authority and contains 148 apartment units occupied by both senior citizens and people with disabilities.

A neighbor of two of the people displaced Monday by the fire at 33 Pearl St., Batavia, is organizing a fundraiser on their behalf.

The two young women lost their belongings and their puppy.

Angela Schlaggel said the two woman have disabilities and could really use the help to get back on their feet.

Schlaggel can be reached at (585) 409-1128.

Armyworms are on the march and Cornell Cooperative Extension is alerting area farms and residents to be on the look out for the potentially destructive pest.

The worms come out in mass every four or five years, but Jan Beglinger, agriculture outreach coordinator for Cornell in Batavia, said this season's infestation is "one of the worst outbreaks we've seen in years."

The worms munch on grasses and pose a threat to wheat and corn.

Farmers are well aware of armyworms and how to deal with them, Beglinger said, but that doesn't mean they won't have their hands full.

Typically, farmers need to spray infected areas and a border area of 20 or 30 feet to knock back an infestation.

Residents with large lawns should be on the look out for infestations, too. The worms eat grass, but don't eat roots, so lawns should recover; however, homeowners should look in to a lawn-specific pesticide formulated to kill armyworms to help control the infestation.

If a homeowner lives next to a farm and sees an infestation moving toward a field, the courteous thing to do is notify the farmer so he can possibly take protective action, Beglinger said.

Armyworms have been reported from Erie County to Monroe County and every place in between, Beglinger said.

"It's a cyclical insect that comes out every four to five years, but it seems a lot worse this year than it normally is," Beglinger said.

Resources:

• Cornell Cooperative Extension
• University Illinois armyworm fact sheet
• Oklahoma State armyworm fact sheet
• Armyworm as a pest of field corn
• Armyworm on wheat

Clifford Leo Regimbal, 33, of Oakfield, is charged with criminal possession of marijuana and unlawful growing of marijuana. Regimbal was a passenger in a vehicle that was stopped at 6:57 p.m. Monday on Route 77, Basom, and allegedly found in possession of a bag containing more than 25 grams of marijuana and a 2-foot tall marijuana plant. Also charged with unlawful possession of marijuana was Ashley Nicole Janikowski, 28, of Oakfield. The traffic stop was initiated by Depty Patrick Reeves.

Jamie R. Bachorski, 18, of Webber Avenue, Oakfield, is charged with endangering the welfare of a child. Bachorski is accused of smoking marijuana with a child May 29.

Amber Michelle Hufsizer, 21, of Newark, is charged with petit larceny. Hufsizer is accused of stealing merchandise valued at $90.89 at Darien Lake Theme Park.

Brad C. Doward, 22, of 10 Hall St., Batavia, is charged with criminal trespass, 2nd, criminal mischief, 4th, harassment, 2nd, and endangering the welfare of a child. Doward allegedly unlawfully entered the residence of a friend, damaged property, had physical contact with the resident, all while in close proximity to a child. The incident was reported at 4:30 p.m. Sunday, and Doward appeared at police HQ at 12:30 p.m. Monday.

Mark W. Nassivera, 21, of Rochester, is charged with criminal mischief, 3rd. Nassivera was taken into custody by State Police in connection with an incident reported at 10:03 p.m. Sunday in Alabama. Nassivera was jailed on an unspecified amount of bail. No further details available.

David L. O'Neil, 22, of 101 Elmwood Parkway, Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. O'Neil was stopped by State Police at 12:29 a.m. Saturday in the Town of Pembroke.

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