byron

A 16-year-old girl from South Byron has been charged with disorderly conduct. She is accused of yelling obscenities from her front yard after being asked repeatedly to stop. She was jailed on $250 bail.

Tyler J. Henderson, 20, of Batavia, is charged with unlawful possession of alcohol by a person under 21. Henderson was ticketed by State Police on Sumner Road in Darien.

A 16-year-old from Alexander is charged with trespass. The boy was arrested by State Police in East Bethany.

Kyle Christopher Monroe, 20, of 4036 W. Main St. Road, Batavia, is charged with criminal possession of stolen property in the 4th degree and criminal possession of stolen property in the 5th degree. Deputy Sanfratello stopped Monroe for allegedly operating his car without headlights on Route 63 in front of Tops Market at 12:30 a.m. on Oct. 24. The vehicle was a 1997 Dodge Caravan, which had been reported stolen in the City of Batavia on Oct. 21. The license plates were reportedly stolen from another vehicle parked at GCC on Oct. 22. Monroe was jailed on $5,000 bail. He was also charged with unlicensed operation, switched plates, unregistered motor vehicle, uninspected motor vehicle and operating without insurance.

Matthew Ryan Smith, 18, of 1705 Lewiston Road, Alabama, is charged with unlawful dealing with a child. Smith is accused of hosting an underage drinking party on Oct. 12 at his residence. He was arrested at 12:04 a.m. today.

A 16-year-old from Byron has been charged with unlawful possession of marijuana. She was arrested after a K-9 alert on her car while it was on Byron-Bergen High School property during a narcotic sniff sweep of the western parking lot. The arrest was made by K-9 Deputy Brian Thompson.

A bull is loose in Byron. Reportedly, two people have been injured. Ambulances have been dispatched and Mercy Flight is on stand by. We don't have an exact location yet.

UPDATE (10:19 a.m.): A landing zone is being set up for Mercy Flight at 6369 Cole Road. That's between Byron Holley and Mud City roads.

A man is reported to be injured with a head laceration and broken ribs. He is conscious and alert.

UPDATE (10:29 a.m.)(Billie Owens): Mercy Flight out of Batavia has landed at the southwest corner of the property.

UPDATE (10:37 a.m.)(Billie Owens): One man is being taken via Mercy Flight to Strong Memorial Hospital in Rochester. Another is being taken there in an ambulance.

The landowner is reported to have given the men permission to enter the property to cut wood prior to the accident. There were 15 to 20 cows grazing at the time, but the landowner did not know a bull was in there, too.

UPDATE (10:50 a.m.)(Howard Owens): Contrary to the initial reports, the bull did not escape. He stayed within his fenced field throughout the incident.

If elected, he will not serve.

Byron Town Supervisor Tom Felton announced at a recent Town Board meeting that even though he's a candidate for another two-year term as supervisor, he's decided he's done with town politics.

"Over the last few weeks, there have been a series of events that have discouraged me greatly with this position," Felton said in a statement he wanted read into the record of the meeting minutes.  "In order to combat the negativity of a handful of individuals in the Town, I will need to spend considerably more time defending the half truths and misinformation that this group has the time to spread in the community."

Fellow board member John Ivison said that he didn't want to speak for Felton -- who was not available for comment this morning -- but among the issues that have come up recently is some people in town are saying there's a move afoot to consolidate with Byron and Elba.

Ivison said two board members from each of the towns have met three times in 2008 to share information about how the towns operate. Topics have included how to deal with snow plows, infrastructure, planning and budgeting.

The meetings, he said, were purely information sharing and not designed to start a discussion about consolidation.

"It's been blown out of proportion by a few people," Ivison said.

The big issue, as Ivison sees it, is that this kind of small-town politics is what keeps talented and capable people from serving on town boards.

Felton, a bank vice president, was picked to fill a vacancy on the town board three years ago. Then, when the Supervisor position became vacant mid-term, he was appointed to that position.

In his statement, Felton said he wasn't an eager candidate for another two-year term from the beginning.

"Earlier this year, I met with the Republican committee and hesitantly agreed to fill another two-year term, if and only if they could not find anyone else qualified for the position," Felton said. "After our meeting, I was endorsed by this group. Since that time another individual has expressed his interest in the position, and as you know, both he and I will be on the ballot in November. "

If Felton wins the race, he said, the board will have to appoint a replacement. He will not serve as supervisor in 2010, he said. Rather than deal with the politics of the position, Felton said he would rather spend more time with his family and on his career.

Full statement after the jump:

I would like to enter these comments for the record.

My priorities are and will remain to be family first, profession second, and community third. Three years ago, I was elected to fill a vacancy on the Town Board, after a year and 9 months I was appointed to fill the vacant position of Town Supervisor. These terms both end 12/31/09. Earlier this year, I met with the Republican committee and hesitantly agreed to fill another two-year term, if and only if they could not find anyone else qualified for the position. After our meeting, I was endorsed by this group. Since that time another individual has expressed his interest in the position, and as you know, both he and I will be on the ballot in November. 

Over the last few weeks, there have been a series of events that have discouraged me greatly with this position, and in order to combat the negativity of a handful of individuals in the Town, I will need to spend considerably more time defending the half truths and misinformation that this group has the time to spread in the community.

In addition to my full-time employment, I have spent 10-20 hours/wk in my capacity as Supervisor (mostly evenings and weekends), and with the assistance of this Board, we were able to make some positive change for the Town. There is a tremendous amount of work that still needs to happen in order to improve this Town. With that said, I wish to inform the public that I will complete my term through 12/31/09 but I will not be your Supervisor in 2010. I plan to spend more time with the two things in my life that bring me great joy and satisfaction — my family and my profession. If the community votes for me, it will be up to the Board to appoint a person to this leadership position, as it is too late to remove my name from the ballot.

I wish you all well and thank you for allowing me to serve you.

Those who pay close attention to the arrest reports on The Batavian will recognize the name Nicholas Jacob Ridge Adkins, 18, of 6954 Swamp Road, Byron.

Adkins has made two previous appearances in our crime reports. First in July when he was accused of burglary for entering a neighbor's house and allegedly stealing stuff, and again in August when he was arrested along with four other young men and charged with criminal mischief for allegedly causing $3,500 in damage to a rental property.

He was scheduled to appear in court today for a sentencing.  I don't know what happened in court. I couldn't make it because of prior appointments.

I do know that Adkins was arrested again last night for allegedly taking the vehicle of another person without permission.

Adkins was arrested by Investigator Weis and Sgt. Brian Frieday. No further details of the case are available.

Press Release:

After researching financial aspects, location possibilities and public support, the Byron Bergen Public Library Board (BBPL) has concluded that absorbing full financial responsibilities for the library location at the Gillam Grant Community Center is not viable given current level of funding. The library location in the Village of Bergen will continue to remain open.

At the beginning of the year the Gillam Grant Community Center approached the BBPL Board indicating that they would no longer be able to host the library at their location without financial support from the BBPL. The Gillam Grant Community Center had provided staffing and space for the library to operate in their location. With expected cutbacks in county and local funding the BBPL is not able to take over these expenses. 

After review of public input and discussions with local funders, the BBPL will focus efforts on the Bergen village location to provide programmatic outreach to community members. For more information about the Byron Bergen Public Library, visit www.bbplibrary.wordpress.com.

Wet pavement is most likely to blame for a one-motorcycle accident that took the life of a Byron man late Saturday afternoon.

Kevin P. Stearns, 29, of 7862 Byron Road, Byron, was pronounced dead at the scene by County Coroner Jack Taylor at 5:55 p.m..

Stearns was reportedly driving his 1995 Honda motorcycle eastbound on the Thruway near mile marker 402, just east of Exit 48-A in Pembroke, when he moved from the passing lane to the right to pass another vehicle. The bike reportedly skidded out of control and hit a guard rail.

Neither speed nor alcohol were a factor, according to a State Police spokesman, who described the roadway as slick with rain at the time.

The accident occurred at 4:50 p.m.. No other vehicles were directly involved.

Joseph Kyle Loveland, 26, of 665 Niagara Falls Blvd., Amherst, is charged with harassment. Loveland allegedly punched another person in the face while at Chestnut Ridge Country Club in Darien at about 6:30 p.m. on Saturday. The victim was reportedly treated at the scene and declined transportation to a hospital. Loveland was issued an appearance ticket. The incident was investigated by Sgt. Greg Walker.

Pamela A. Loughridge, 41, of 5630 Buffalo Road, Apt. 5, Churchville, is charged with DWI, aggravated DWI with a BAC of .08 or greater, aggravated unlicensed operation of a vehicle and moving from the lane unsafely. Loughridge was stopped at 6:04 p.m. yesterday by Deputy Chad Minuto on Route 237 in Byron.

Justin J. Jaszko, 30, of 8087 Kelsey Road, Batavia, is charged with criminal trespass. Jaszko allegedly entered the residence of his child's mother in Oakfield and refused to leave. The alleged incident occurred Friday morning at 8:45. Deputy Christopher Parker handled the call.

Ann M. Burgler, 49, of 6592 Royal Parkway, Lockport, is charged with DWI, DWI with a BAC of .08 or greater and failure to keep right. Burgler was stopped by Deputy Kevin McCarthy on Route 5 in Pembroke at 2:54 p.m. on Saturday.

Adam M. Gaylord, 29, of Byron, is charged with DWI, operating a vehicle with a BAC of .08 or greater and criminal possession of a weapon. Gaylord was stopped by State Police on Chapel Road in Elba at 10:50 p.m. on Friday.

Stephen L. Nichols, 33, of New York City, is charged with DWI and DWI with a BAC of .08 or greater. Nichols was stopped by State Police in Pavilion at Route 63 and Route 20 at 2:50 a.m. on Saturday.

A motorcyclist who apparently lost control of his bike on Swamp Road in Byron last Wednesday has died as a result of injuries sustained in the accident.

Thomas Legler, 49, of North Byron Road, Elba, died at Strong Memorial Hospital.

Legler was reportedly wearing a helmet, but it was not a Department of Transportation-approved safety helmet.

Deputies investigating the accident concluded that speed was a factor, but there is no evidence Legler was drinking prior to the accident.

An Elba man is in critical condition at Strong Memorial Hospital following a single-vehicle motorcycle accident on Swamp Road in Byron this afternoon.

Thomas M. Legler, 49, was reportedly not wearing a DOT-approved helmet when he apparently lost control of his bike around 3:34 p.m..

The initial investigation indicates that Legler was westbound on Swamp Road when he failed to navigate a sharp turn in the roadway. His 2003 Harley Davidson crossed the double-yellow line and then skidded on its side, exiting the roadway on the south shoulder. Legler was ejected from the motorcycle.

There were no passengers.

Speed is believed to be the primary factor in the accident. Alcohol is not considered a factor.

Legler was transported to Strong via Mercy Flight.

The investigation is ongoing and being handled by Deputy Butler, Sgt. Walker and Sgt. Scott of the Genesee County Sheriff's Office Crash Management Team.

A motorcyclist has crashed on Swamp Road in Byron. He has reportedly suffered a head injury. First responder report is that he is semi-conscious.

Mercy EMS and Byron and South Byron fire departments are responding.

Mercy Flight has been dispatched.

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There are four primary elections in Genesee County today.

There are Republican primaries in Byron and Pembroke for town board seats.

In Darien, there's a three-way Democratic primary for two town board seats.

In Stafford, the Conservative Party will pick a candidate for Highway Superintendent.

Polls are open until 9 p.m.

Volunteer firefighters in Byron and South Byron say they need more money to support their operations.

The Town of Byron board hasn't given either department a budget increase in three years.

Apparently, the two sides have been growing increasingly frustrated with each other.

Attorney Brad Pinsky, from Syracuse, who started representing the departments about a year ago, thinks there may be a way to resolve the disagreement.

Pinsky spoke to the town board at its meeting Wednesday night and walked away with an agreement for the board to appoint two members to study the issue. In addition, the fire departments promised to present a plan and spending priorities so the board better understands how its money is being allocated.

"I promise you, we'll come to you with our needs and not our wants," Pinsky said.

Each department receives about $68,000 annually from the town, yet each year the departments have an excess of $100,000 in operational expenses.

This budget deficit has forced the departments to turn increasingly to their own fundraising, which the firefighters say isn't how they should be spending their time.

"You've got to be concerned if your firefighters are out fundraising and not training and not fighting fires," Pinsky said.

Fundraising should be for extras, for wants, such as items for the fire hall that make it a more inviting place for recruits to hang out, said Chris Hilbert, president of the Byron Fire Department.

"Fundraising shouldn't be needed to put gas in a fire truck," he said.

Dave Garwood, another attorney with the same firm as Pinsky (all the firm does is represent fire departments), said firefighting is an essential local government service, but it's the only one in some communities that is expected to raise its own funds.

"When was the last time you saw a DPW worker on the side of the road with some chicken barbecue so they could afford to put gas in a DPW truck?" Garwood asked.

Town Supervisor Tom Felton said it's important for the board to better understand the needs of the firefighters, but he doesn't see how the town can take on another $60,000 in expenses without raising taxes.

"We share these very same concerns," Felton said, "but there are only 2,400 people in the town."

Funds for the fire departments are raised through a special tax levy and don't come out of the general fund.

One suggestion thrown out by Pinsky was for the town board to create a fire district, which the board can do on its own authority (no referendum vote is required).

The district would be run by a board of elected commissioners and would have the power to increase the fire tax if needed, and it would also oversee the budget for the two fire units (which would be consolidated into a single department, but remain separate fire companies).

Felton likes the idea of the fire district. It would put authority for fire services under the supervision of a commission that would likely understand fire operations.

"We're challenged to understand the needs of the fire department," Fenton said. "None of us are firefighters."

In order for the fire district idea to move forward, the fire departments will need to agree that is the best way to proceed and then present a plan to the town board.

A driver suffered a facial injury and was apparently in shock following a one-car accident on Warboys Road in Byron Monday at 6:32 p.m.

The accident was apparently caused by mechanical failure.

The driver, operating a 1995 Chevy truck, reported hearing a clunk and then his tires locked up. The car then traveled off the road striking a utility pole, which was sheared from its base.

Joseph T. Oliveri, 18, of 7944 Sacett Road, Bergen, was transported to Lakeside Memorial Hospital.

Deputy Tim Wescott investigated the accident.

Here's the verbatim testimony of Byron dairy farmer Robin Denniston-Keller given at the Senate hearing on the dairy industry held at GCC on Thursday.

It's titled "Legislative Responses to the Dairy Crisis: Reforming the Pricing Structure."

"...I am a proud American dairy farmer. My husband and I milk 100 Jersey cows and take care of another 100 young stock on our farm 10 minutes northeast of here in Byron, New York. It’s a privilege and honor to be asked to speak today.

"I’m not an economist or an expert on milk pricing, but I do feel I have common sense and a strong work ethic, which have served me well so far in life. I milk my own cows every day, and being up to my elbows in the results of lactation and excretion (generally not at the same time!) gives me a certain sense of reality!

"On our farm, our “pay price” for our milk produced in July 2009 was $13.26 per hundredweight. Put in consumer terms, $1.14 a gallon. This includes all protein and quality premiums received from Sorrento, the cheese plant we supply with pure, fresh Jersey milk. 

"Last year our July pay price was $24.23 per hundredweight, or $2.08 a gallon. I could spend my next three minutes ranting about the volatility and injustice of this, but that’s not constructive, and you can figure out on your own how I do the math to pay for our own health insurance, groceries, feed for the cows and calves, fuel for the tractors, hauling and fuel surcharge costs to send the milk to the processor, and the numerous other bills staring me in the face each month!

"Our 100-cow dairy benefits from the MILC program. We are at the perfect size to maximize our usage of the program. Our MILC government payments are currently a little more than 10% of our monthly income.

"Solutions to milk pricing issues -- please remember, as I said before, I’m not an economist or a milk pricing expert! Time heals all wounds, however, how do we stop the bleeding now?

Increase solid-non-fat fluid milk standards.

I like to call this the “No more blue skim milk” suggestion. Since 1962, California has had higher minimum standards for nonfat solids in fluid milk than the rest of the United States. Raising the United States standards to match the California standards will accomplish the following:

• Improve the nutrition benefits of milk. For example, California 2% milk has 21% more calcium than does 2% milk in other states. In addition, higher solids result in better tasting milk.
• Utilize more milk solids in consumer products and reduce the amount of nonfat dry milk produced for CCC purchase. This June, Dairy Farmers of America estimated that if the California Standards had been in effect for the rest of the U.S. during 2008, an additional 300 million pounds of milk solids would have been included in fluid milk sales. This represents more milk solids than were in all the CCC nonfat dry milk purchases through July 2009. California retail milk prices have remained competitive with, not higher than, the rest of the U.S.

Urge Agriculture Secretary Vilsack to have USDA purchase cheese for nutrition programs.

• This single action would accomplish several goals: Help to bolster milk prices and ease the current crisis faced by many dairy producers across the country; reduce outlays in dairy safety net programs (MILC payments and CCC purchases); and by donating the purchased cheese to food banks and other charitable organizations; USDA would be providing humanitarian nutrition services.

Cheese inventories are poised to be much higher than normal heading into this fall. This supply is weighing on the market and suppressing prices. A purchase of 100 million pounds of cheese would bring inventories more in line with past levels, and would bolster farm milk prices. Even a modest rise in milk prices would provide relief for dairy producers, reduce MILC expenditures, and lower CCC purchases of cheese.

Overhaul the dairy price discovery program.

I believe that our current milk-pricing structure is based on the trading of 2% of the cheese in this country on the Chicago Mercantile Exchange. This small amount of cheese determines my mailbox price. Or, in other words -- what the check I get in the mail says I will be paid for the product I’ve spent the last month getting covered in manure and other fine things to harvest!

This whole process goes against my good old common sense. Large milk processors were convicted for price manipulation as recently as 2006; clearly a more fair and broad based pricing mechanism is needed. We need a new set of tools in our milk-pricing toolbox. 

Sometimes I wonder why I am in a business where, I buy everything retail and sell my product wholesale, and the pricing mechanism is based on what I would call a “house of cards”? Way of life, being my own boss, pride of ownership, producing good food for an expanding world; they’re all good reasons. But if I’m not treated fairly, it’s time for me to wake up and find another life. I digress. Back to my suggestions.

Imports -- Charge promotion fees on imports.

United States dairymen contribute 15 cents for every hundredweight of milk we produce towards dairy promotion. I believe the new Farm Bill instructs USDA to charge importers
seven and a half cents for every hundredweight of dairy products imported. Dairy promotion basically helps create a larger market for dairy products. Importers benefit from that increased demand for dairy that our domestic producers have paid for, so it only seems fair to have importers contribute into the promotion program. 

At issue here is the fact that USDA has not implemented this fee, and it discourages me to see the lack of timeliness on legislation implemented into law. Seven and a half cents is not much, but I think charging importers this fee would decrease the amount of imported dairy products flooding our domestic market. 

I believe in fair trade, and I feel this fee charged to importers would somewhat level the playing field, and I’m encouraged that this promotion fee works for WTO reasons as well. 

Proceed with Extreme Caution before implementing Growth Management or Supply Management Programs.

While some producers and organizations are promoting growth management or supply management plans as a long-term solution to the dairy economy problems, I have some issues with these plans. Again, not an expert, and applying my common sense, I’m concerned that without solid knowledge of the impact of any such plans, I am not in favor of “jumping out of the frying pan and into the fire.”

Mandatory supply management goes against all my gut instincts, and my belief in the efficiency and productivity of the American Dairy Farmer. Last year’s high milk prices at the farm level resulted from a booming export market for American dairy products. We live in a global economy, and putting handcuffs on the American dairy industry with mandatory supply management seems to me to set us up for failure. We only have to look “across the pond” to see Europe struggling to get away from its quota system.

Finally, a sincere thank you to Senator Gillibrand and your staff for your efforts on increasing the MILC rates and indexing these payments for inflation. I am a proud American Dairy Farmer, and taking handouts does not please me, but this truly is a time of need for my fellow dairymen and me. Thank you for your efforts and your interest in the intricacies of dairy pricing. Thank you for listening to my suggestions, and I’m looking
forward to working together to resolve the dairy pricing issues we currently are facing and those in the future."

A newly delivered load of ground up paper and saw dust used for cattle bedding at Zuber Farms was on fire when it came off the delivery truck this evening, according to John Durand, chief of the Byron Volunteer Fire Department.

The fire was reported at the station, where the department had assembled for Monday night training, about 7 o'clock.

Durand said the fire was out in about 10 minutes, but then there was an ongoing task of spreading out the sawdust, wetting it down, spreading it out more and then doing it again. Plus, they had to check it periodically with a thermal camera to ensure the fire was doused.

The process served as good training for his crew, Durand said, and the method his firefighters used helped save most of the $1,500 worth of bedding.

South Byron assisted, in a large part, Durand said, to ensure manpower relief because of the heat of the day.

"Byron and South Byron always work together," Durand said. "Because it's so hot, I wanted the ambulance here in case the heat got to anybody in full turn-out gear and air packs (which they wore) because I didn't want them to breath the paper dust into their lungs."

Audio: MP3 of Interview with Chief Durand.

Initial Reports Below:

Fire units are responding to a reported "small sawdust fire" at Zuber Farms in Byron.

UPDATE: I missed the first alarm on this fire.  It sounds like mutual aid from Wyoming County was called in.  There are tankers being refilled, so I'm not sure how "small" the fire is.

UPDATE: Mixed calls on the Wyoming dispatch. That was for training in Pavilion.  I'll have more on this fire a little later.

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