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Tuesday, June 17, 2014 at 10:47 am

County Attorney recommends Legislature go along with Darien's request for indemnification, though unnecessary

post by Howard B. Owens in Darien, legislature

It's not necessary, but County Attorney Chuck Zambito is advising the County Legislature to pass a resolution indemnify the Town of Darien against any potential damage caused by the new communication tower installed on fire department property.

If there was some unexpected accident, such as the tower falling, the Town of Darien would face no liability whatsoever if somebody was hurt, Zambito said.

However, the town is holding up signing an agreement to accept emergency radios from the county in order to get the hold-harmless agreement.

"I'm not sure how the two are connected," Zambito told legislators during the Public Service Committee meeting Monday.

It's not the first time the Town of Darien's actions have had Zambito scratching his head. During construction, the town required the county to apply for a building permit, even though legally, the county didn't need a permit.

"In the end, rather than fight about it, I said, 'OK, apply for the building permit' and they immediately gave it to us," Zambito said.

The tower in Darien was built on property owned the Darien Volunteer Fire Department. The county provided the fire department with a hold-harmless agreement because if there was an accident, the fire department could have been sued without it.

That simply isn't the case with Darien, Zambito said, but town officials are insisting on an agreement anyway.

Zambito will draft an agreement and present to the Legislature at a future meeting.

Monday, June 16, 2014 at 5:49 pm

Law and Order: Perry woman accused of impersonating sister when arrested at Dave Matthews concert

post by Howard B. Owens in batavia, byron, corfu, crime, Darien, pembroke, perry

Kaitlyn Mackenzie Hayes, 20, of Lake Street, Perry, is charged with criminal impersonation, 2nd, and trespass. Hayes allegedly impersonated her sister to reenter Darian Lake Performing Arts Center during the Dave Matthews concert Wednesday. It was later found that she allegedly used a false identification, her sister, at the time of her arrest.

Justin M. Wotherspoon, 27, of West Main Street, Batavia, is charged with criminal contempt, 1st. Wotherspoon allegedly had physical contact with a person in violation of a court order. Wotherspoon was jailed without bail.

Danielle Marie Stevens, 37, of Ford Road, Elba, is charged with grand larceny, 4th. Stevens is accused of stealing the wallet of a WIC employee who was assisting her. Stevens was jailed on $10,000 bail.

Christopher Free Bragg, 28, of Genesee Street, Corfu, is charged with petit larceny. Bragg is accused of shoplifting from Walmart. 

Richard Michael Wroblewski, 61, of Williamstowne, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater and speeding (70 in a 55 mph zone). Wroblewski was stopped at 8:10 p.m. Friday on Clinton Street Road, Stafford, by Sgt. Greg Walker.

Cody James Hinchey, 27, of Reed Road, Churchville, is charged with DWI, driving with a BAC of .08 or greater and speeding. Hinchey was stopped at 1:19 a.m. Saturday on Byron Holley Road by Deputy Joseph Corona.

Richard Henry Forman, 64, of Ellinwood Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Forman was reportedly involved in a motor-vehicle accident at 3:01 a.m. Friday on Genesee Street, Pembroke. The accident was investigated by Deputy Joseph Corona.

Friday, June 13, 2014 at 12:53 pm

Law and Order: arrests for alleged domestic violence, DWI, criminal contempt and forgery

post by Billie Owens in batavia, alexander, crime, Darien, Oakfield

John A. Snook, 26, of Central Avenue, Batavia, was arrested June 10 and charged with criminal obstruction of breathing/blood circulation, second-degree harassment, and unlawful imprisonment. The arrest was made following his release from Orleans County Jail on a separate charge. The new charges stem from a domestic incident in the City of Batavia. Orleans County Sheriff's Department transported Snook to the Genesee County line and he was taken to Batavia City Court and arraigned in front of Judge Balbick. He was then put in county jail and bail was set at $2,500. The matter was investigated by Batavia Police officer Jamie Givens.

Nathen Edward Donald Brege, 22, of South Main Street, Batavia, is charged with second-degree criminal contempt. On June 11 he was arrested for allegedly violating an order of protection issued by the Town of Oakfield Court by allegedly threatening the protected individual in an incident on May 31 on South Pearl Street in Oakfield. He was issued an appearance ticket. The matter was investigated by Sheriff's deputy Joseph Loftus.

Sean Robert Doran, 24, of Harper Street, Rochester, is charged with DWI, aggrevated DWI, and speeding over 55 mph on June 11 on Route 20 in the Town of Alexander. He is scheduled to be arraigned on July 1 in Alexander Town Court. The incident was investigated by Sheriff's deputy Kevin McCarthy.

Thomas Edward Bobeck, 44, of Parwood Drive, Cheektowaga, is charged with operation of a motor vehicle with a BAC of .08 or more as a first offense, and DWI, first offense. He was arrested on said charges after being observed allegedly driving in an unsafe manner while on Alleghany Road in Darien on June 12. He is to be arraigned on July 8 in Darien Town Court. The matter was investigated by Sheriff's deputy Joseph Corona, assisted by deputy Brian Thompson.

Ivan Jerrod Walton, 21, of Yates Avenue, Sauk Village, Ill., is charged with criminal possession of a forged instrument, 2nd, stemming from an incident on March 25 at the Sears Hometown Store on Lewiston Road, Batavia. The subject was being held in the Livingston County Jail on an unrelated matter. He was arrested on June 9 and arraigned in front of Justice Williams from Batavia Town Court on said charge and returned to Livingston County Jail. Bail was set at $2,500. The matter was investigated by Sheriff's deputy Christopher Parker, assisted by deputy John Baiocco.

Thursday, June 12, 2014 at 8:49 pm

Person trapped in vehicle filling with water gets out

post by Billie Owens in Darien, weather

A person who was trapped inside a flooding vehicle at 1600 Erie St. in Darien managed to get out. Darien firefighters are on scene. The location is between Tinkham and Alleghany roads.

UPDATE 8:54 p.m.: Darien fire is back in service.

Thursday, June 12, 2014 at 8:41 pm

Flash flood warning issued by weather service

post by Billie Owens in alexander, Darien, weather

From the National Weather Service in Buffalo:

A flash flood warning has been issued for Southwestern Genesee County until 12:45 a.m., June 13, by the National Weather Service.

At 8:20 p.m. the Doppler radar indicated a narrow band of torrential rainfall from a persistent area of thunderstorms. Radar estimates that two to three inches of rain has has fallen in a small area, including the towns of Darien and Alexander. An additional one to two inches are possible through late evening.

Excessive runoff from heavy rainfall will cause flooding of small creeks and streams, country roads, as well as farmlands along the banks and creeks.

Never drive through flooded roads, or turn around. Don't drown!

Wednesday, June 11, 2014 at 5:46 pm

Female bus rider gets off to do #2 on lawn on Sumner Road, then off they went

post by Billie Owens in crime, Darien

A vehicle that reportedly looks like a school bus stopped at property on Sumner Road in Darien, near the junction with Route 77, and a female is said to have gotten off the bus and defecated on the lawn. She then got back aboard and the bus continued. A Sheriff's deputy is trying to find the bus. Although the caller described the vehicle as a school bus, we're skeptical since the Dave Matthews Band concert is tonight at Darien Lake.

Friday, May 30, 2014 at 5:30 pm

Motorcycle wreck on Sumner Road near the sharp curve by Simonds Road

post by Billie Owens in accidents, Darien

A motorcycle accident is reported on Sumner Road near the sharp turn at Simonds Road. The rider and his bike are in a ditch. Unknown injuries. Law enforcement is on scene. Darien fire and Mercy medics are responding.

UPDATE 5:44 p.m.: Mercy Flight, although available, will not be needed, according to medics on scene.

UPDATE 6:40 p.m.: The subject has been transported to ECMC. The Darien assignment is back in service.

Saturday, May 24, 2014 at 6:26 pm

Photos: Nik Wallenda performs for the first time at Darien Lake Theme Park

post by Howard B. Owens in business, Darien, darien lake theme park, nik wallenda

Nik Wallenda, "The King of the Highwire," performed at Darien Lake for the first time on a 750-foot-long wire stretched over one of the lakes.

He performed with is wife, Erendira, and Nick Slimick and Alec Bryant, who were making their professional debut. Slimick and Bryant are graduates of a high school in Sarasota, Fla., where they studied circus performing.

Wallenda drove a specially equipped motorcycle across the wire, which was 150 feet above the water at its apex, with Erendira and either Nick or Alec on a trapeze bar attached below. At the apex, Wallanda performed a handstand on the bike seat on one trip. On another he stood on the seat. On other trips, Erendira and the two young men performed stunts. The final trip was just Nik and Erendira and they performed barrel rolls at the far end of the wire.

This isn't the show Wallenda will be performing at Darien Lake this summer.

The show this summer will be in the Galaxy Theater (to be renamed the Nik Wallenda Theater). Shows start June 24 and run through Sept. 1. The 10-week run will feature two performances every day (4 p.m. and 7 p.m.) except Monday.

The hour-long show will feature top aerialists and stunt performers, Wallenda said. The finale will feature the Wallenda Family Pyramid on the Wire, untethered high above the stage.

During the show's run, performers will entertain park guests with wandering performances throughout the park, called "pop up performances." There will also be a regular interactive 20-minute show on the Gazebo Stage.

Wallenda said one reason he agreed to perform at Darien Lake is he that felt the need to give back to Western New York after being so warmly embraced during the run-up to his highwire walk over Niagara Falls.

"When I got off that cable in Niagara Falls, I said there will always be a piece of my heart that is in this region," Wallenda said. "This community has embraced me. It's been amazing. I get goosebumps.

"I think this shows my commitment to this region, to Western New York and Toronto," Wallenda said. "The community has been so good to me."

More pictures after the jump:

Tuesday, May 20, 2014 at 1:32 pm

Man in Darien clinging to boat in pond, unable to swim to shore

post by Billie Owens in accident, Darien, water rescue

An adult male in a boat in a pond flipped over the boat and is clinging to the side of it, unable to swim to shore. The caller to dispatch said she doesn't believe he is injured. The location is 11221 Harlow Road. Darien fire and EMS are responding to rescue the man from the water.

UPDATE 1:35 p.m.: Law enforcement is on scene.

UPDATE 1:48 p.m.: Darien fire reports the man is now on shore, conscious and alert. He still needs to be evaluated by medics.

Tuesday, May 13, 2014 at 9:26 am

Law and Order: Man sought on Harvester Avenue yesterday charged with four crimes

post by Howard B. Owens in batavia, crime, Darien

Tishaun H. Conde, 19, of 16 Harvester Ave., Batavia, is charged with unauthorized use of a vehicle, unlawful possession of marijuana, petit larceny and trespassing. Conde was arrested following a report at 10:06 a.m., Monday, of a car being broken into on Harvester Avenue. Conde was jailed on $2,500 bail. (Previously: Man suspected of rifling through cars on Harvester Avenue is subject of manhunt)

Sharon E. Herdtner, 51, of North Street, Batavia, is charged with criminal mischief. Herdtner allegedly punctured a tire of a vehicle on Tracy Avenue.

Tracy A. Hilton, 33, of Jackson Street, Batavia, is charged with menacing, 2nd, unlawful imprisonment, 1st, criminal possession of a weapon, 3rd, endangering the welfare of a child and criminal contempt, 1st. Hilton was allegedly involved in a domestic incident with his girlfriend at 5:50 p.m., Sunday, at their residence on Jackson Street. Hilton allegedly restrained his girlfriend and threatened her with a knife while in the presence of their two children. In the process, Hilton allegedly violated an order of protect. Hilton was held without bail.

Kimberly M. Douglas, 32, of Buell Street, Batavia, is charged with criminal tampering, 3rd. Douglas was arrested after police were dispatched at 7:40 a.m., Saturday, to a residence on Buell Street for a report of a disturbance. Douglas is accused of spitting on the screen door of a house on Buell, "causing a substantial inconvenience for the owner to clean."

Justin J. Caryl, 26, of Batavia, was arrested on a warrant. Caryl was arrested by a Wyoming County Sheriff's deputy at 5:30 a.m., Sunday, on Bank Road, Town of Middlebury, after he was located during an unrelated investgation. Caryl was turned over to the Genesee County Sheriff's Office.

Jeffrey Lewis Smith, 44, of Vinton Road, Rochester, is charged with petit larceny. Smith was arrested on a Town of Batavia warrant after being released from the Monroe County Jail. Smith was jailed in Genesee County on $2,500 bail.

Felicia Mae Downs, 20, of Broadway Road, Darien, is charged with identity theft, 3rd, and petit larceny. Downs allegedly used another person's credit card to make purchases without permission.

Randall W. McKeown, 52, of South Brooklyn Avenue, Wellsville, is charged with three counts of criminal contempt, 1st. In a violation of a stay away order of protection, McKeown allegedly sent text messages to the protected person on three separate dates. McKeown was released under supervision of Genesee Justice.

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