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LEGAL NOTICE: Town of Pembroke -- Proposed Local Law #1 of 2021

By Legal Notices

LEGAL NOTICE

TOWN OF PEMBROKE

NOTICE OF PUBLIC HEARING BY THE TOWN BOARD OF THE TOWN OF PEMBROKE, NEW YORK

TO CONSIDER ADOPTING PROPOSED LOCAL LAW # 1 of 2021 ENTITLED, “A LOCAL LAW TO AMEND LOCAL LAW # 3 of 2003 TOWN OF PEMBROKE LAND SEPARATION LOCAL LAW”

NOTICE IS HEREBY GIVEN that the Town Board of the Town of Pembroke, New York on the 8th day of June, 2021 at 6:00 P.M. at the Pembroke Community Center, 116 East Main Street, Corfu, NY 14036, will propose Local Law No. 1 of 2021, entitled “A LOCAL LAW TO AMEND LOCAL LAW # 3 of 2003 TOWN OF PEMBROKE LAND SEPARATION LOCAL LAW”, as summarized as follows:

LOCAL LAW NO. 1 OF THE YEAR 2021 OF THE TOWN OF PEMBROKE

A LOCAL LAW TO AMEND LOCAL LAW # 3 of 2003 TOWN OF PEMBROKE LAND SEPARATION LOCAL LAW

The Land Separation Local Law of the Town of Pembroke known as Local Law No. 3 of 2003, is hereby amended by Local Law No. 1 of 2021 as follows:

ARTICLE I PURPOSE

This Local Law is enacted by the Town Board of the Town of Pembroke pursuant to the provisions of Section 10 of Municipal Home Rule Law to regulate the division of land into individual lots, when such divisions of land fail to meet the threshold for review as a subdivision as set forth in the Town of Pembroke Land Subdivision Regulations. It is declared to be the policy of the Town of Pembroke to consider land separations as part of a plan for the orderly, efficient, and economical development of the Town. This means, among other things, that lots created by land separations shall be of such character that they can be used safely for building purposes without danger to health, or peril from fire, flood, or other menace; that proper provision shall be made for drainage, water supply, wastewater treatment, and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in compliance with the Town of Pembroke Zoning Law and in harmony with the development pattern of the neighboring properties.

ARTICLE II TITLE

This Local Law shall be known as "the Town of Pembroke Land Separation Local Law".

ARTICLE III DEFINITIONS

Clerk of Planning Board: The individual appointed by the Pembroke Town Board.

Formal Offer to Sell: Any offer to sell land, which involves a form of public offering including but not limited to real estate listings, auction listings, media advertising (printed, radio, television, etc.) or use of signs.

Land Separation: Any division of land into four or fewer lots within a three-year period, where all such developable lots or parcels: (1) front on an existing public street, (2) do not require the extension of municipal facilities, and (3) comply with all the area requirements (i.e., lot width, lot area, etc.) set forth in the Zoning Law or have received all necessary area variances. Any division of agricultural land for the purpose of continued agricultural use shall be considered a land separation and subject to the Town of Pembroke Land Separation Local Law.  The three-year period shall commence running upon the final approval by the Planning Board of the first application to divide the original parcel.  Public acquisitions by purchase of strips of land for the widening or opening of streets, or for the installation or construction of municipal facilities, shall not be included within this definition nor subject to these regulations. Land separation shall also include the division of land to allow the transfer of property between adjacent parcels, provided nonconforming lots or parcels are not created, no existing degree of nonconformity is increased, and the proposed division does not involve the alteration of lot lines or dimensions of any lots or sites shown on a subdivision plat previously approved and filed with the County Clerk.  Land separations shall be processed in compliance with the Town of Pembroke Land Separation Local Law unless the Planning Board deems it necessary for the protection of public health, safety, and welfare (i.e. storm water drainage, topography, etc.) that a land separation be processed as a subdivision.

Lot: A parcel of land intended for transfer of ownership or site development, that is presently occupied or capable of being occupied by a principal building or use and uses accessory to the principal building or use.

Municipal Facility: Facilities operated by either a municipality or governmental agency for the provision of potable water; collection, treatment and/or disposal of wastewater; lighting, stormwater and/or erosion control; or provision of/for transportation (streets, highways, etc.).

Property Owner: The owner of the property subject to the proposed land separation, or his/her duly authorized representative (such authorization shall be provided in writing).

Subdivision: Division of land into lots that is not considered a land separation as defined herein.

Subdivisions shall include but are not limited to the division of land into five or more lots in a three-year period, or division into any number of lots when such lots: (1) do not front on an existing public street, or (2) require the extension of municipal facilities. This definition shall apply when land is divided for the purpose, whether immediate or future, of transfer of ownership or development, and shall include re-subdivision. Once the division of land is determined to be a subdivision, the Town of Pembroke Subdivision Regulations shall apply to all such lots, including any previous lots divided within the prior three-year time period, regardless of whether said lots have been sold singly or collectively. The three-year period shall commence running upon the final approval by the Planning Board of the first application to divide the original parcel. Public acquisitions by purchase of strips of land for the widening or opening of streets shall not be included within this definition nor subject to said subdivision regulations. Once a subdivision has been created, any subsequent division of lots from the original tract of land, irrespective of when such division(s) occurs, shall be subject to review as a subdivision, unless such proposed lot(s) are greater than one-half mile from any point on the boundary lines of a lot(s) created by a previous subdivision.

Zoning Law: The officially adopted Zoning Law of the Town of Pembroke together with all amendments thereto.

ARTICLE IV PROCEDURE

Whenever any land separation is proposed, before any formal offer to sell any lots in such land separation, or any other part thereof, is made, and before any contract for sale is executed by the

property owner, the property owner shall submit a sketch plan and obtain written approval of such sketch plan in accordance with the procedures set forth in Section 1, 2 and 3 of this Article. Before any land is transferred or any permit for the erection of a structure is issued for such land, final authorization of said land separation shall be obtained as set forth in Section 4 of this Article.

SECTION 1     SUBMISSION OF SKETCH PLAN

A property owner shall, prior to undertaking a land separation, submit to the Clerk of thePlanning Board at least seven days prior to any regular meeting of the Board, a completed application for and eight copies of a Sketch Plan of the proposed land separation. The Sketch Plan shall show: (1) The entire parcel being divided, proposed lot lines, and (2) Any existing easements, deed restrictions or covenants affecting the property. At that time, the property owner shall also pay the Land Separation fee established by separate resolution of the Town Board.

SECTION 2     REQUIREMENTS AND CLASSIFICATION

The property owner shall attend the meeting of the Planning Board to discuss his/her proposal as set forth in the Sketch Plan. Classification of the Sketch Plan will be made at this time by the Planning Board as to whether the proposal qualifies as a land separation or must be processed as a subdivision.  When it deems necessary for protection of the public health, safety and welfare, the Planning Board may require a land separation to be processed as a subdivision in compliance with the Town of Pembroke Land Subdivision Regulations.

SECTION 3      PLANNING BOARD PRELIMINARY DECISION

The Planning Board and shall review the Sketch Plan to determine whether it meets the purpose of these regulations as set forth in Article I.  Land Separations are deemed Type 2 actions per NYSDEC. The Planning Board shall, where it deems necessary, make specific recommendations in writing to be incorporated by the applicant into the proposal prior to submitting it for final authorization. When deemed necessary by the Planning Board, the applicant may be required to resubmit his/her revised proposal for review by the entire Planning Board prior to submitting it for final authorization.

Should the Planning Board Chairman and Code Enforcement Officer agree with a proposed Sketch Plan, and the proposed Sketch Plan creates a lot(s) that are in conformance with the Town of Pembroke Zoning Law and this Local Law, the Planning Chairman is authorized to grant Preliminary Approval.  Land Separations requiring mergers to conform with the Town of Pembroke Zoning Law or creating non-conforming parcels still require Planning Board approvals.

SECTION 4       FINAL AUTHORIZATION

Within 180 days of Planning Board approval, the property owner shall provide the Planning Board Chairperson, or his/her designee, three prints of a property survey prepared by a NYS Licensed Land Surveyor. This survey shall meet all the recommendations made by the Planning Board relative to the sketch plan. Upon determination that the survey complies with the Planning Board's recommendation, the Chairperson, or other duly designated Officer of the Planning Board, will sign the application, and provide the property owner with a copy of such application. Failure of the property owner to submit the required survey documentation to the Planning Board Chairperson, or his/her designee, within the 180-day time-period will render the Planning Boards approval null and void.

SECTION 5       FILING OF SURVEY(S) WITH COUNTY CLERK

Within sixty (60) days of obtaining final authorization from the Planning Board Chairperson, or

his/her designee, the property owner shall file the survey(s) at the Genesee County Clerk's Office. Failure of the property owner to file such documentation with the Genesee County Clerk within the specified time-period will render both the Planning Board's approval and final authorization null and void.

ARTICLE V            WAIVERS OR MODIFICATIONS

Where the Planning Board finds that special circumstances exist in a proposed Land Separation, it may waive or modify specific requirements of this Local Law, subject to appropriate conditions, provided that such waiver or modification shall not have the effect of nullifying the intent and purpose of the Town of Pembroke Land Separation Local Law, Subdivision Local Law, Zoning Law, Comprehensive Plan, or any existing master plan and official map. In granting said waivers or modifications, the Planning Board may require such conditions as will, in its' judgment, substantially secure the objectives of the standards or requirements so waived or modified.

ARTICLE VI           FEES

The Town of Pembroke has a Fee Schedule on file at the Town Clerk's Office. Copies of this Schedule are available and any fees due the Town must be paid in full before approvals are considered.

ARTICLE VII           VIOLATION AND PENALTY

A. Any violation of this Local Law shall be deemed an offense punishable by a fine and/or imprisonment as set forth in Section 268 of NYS Town Law. Each and every week such violation continues shall be deemed a separate and distinct violation.

B. It shall be further unlawful for any person to fail to comply with a written order of the Zoning Enforcement Officer within the time fixed for compliance therewith.

C. Appearance Ticket - The Zoning Enforcement Officer may issue an appearance ticket to any person who fails to respond to a notice of violation and written order to correct the violation.

D. The Zoning Enforcement Officer may, with permission of the Town Board, engage the Town Attorney or any other attorney approved by the Town Board to initiate legal action to enforce provisions of this Local Law.

E. In addition to the foregoing remedies, the Town of Pembroke and/or its appropriate officials and authorities may maintain an action for injunction to restrain, correct or abate any violation of this Local Law and/or maintain an action at law for damages sustained as a result of any violation of this Local Law and/or seek any other remedy permitted by law including Town Law Section 268. Damages shall include, but not be limited to, the legal fees and court costs expended or incurred by the Town as a result of any legal proceedings brought hereunder.

ARTICLE VIII             SUPERSEDING AND REPEALER CLAUSE

All applicable statutes, laws and local ordinances; in conflict with the provisions of this Local Law, including Sections 276 and 277 of New York State Town Law, are hereby superseded to the extent necessary to give this Local Law full force and effect.

Town of Pembroke Local Law No. 1, of 1992 is hereby repealed.

ARTICLE IX              EFFECTIVE DATE

This Local Law shall take effect immediately upon its filing with the New York State Secretary of State.

Drone reportedly flying at an altitude of 3,000 feet over Pembroke

By Howard B. Owens

A traffic controller has contacted Genesee County Emergency Dispatch to report the sighting of a drone flying at 3,000 feet over Pembroke, apparently in the flight path for the Buffalo Airport.

It's illegal to fly a drone above 400 feet unless flying over a tall structure. 

A deputy has been dispatched to the area of Gorton Road and Phelps Road.

The drone is described as about two feet by two feet and silver.

Pembroke teen accused of unlawful imprisonment, criminal contempt, having high capacity ammo device

By Billie Owens

Christopher C. Good, 19, of Cohocton Road, Pembroke, was arrested June 8 and charged with unlawful imprisonment in the second degree, a Class A misdemeanor, stemming from an incident that occurred earlier that day. He was arraigned virtually by Bergen Town Court and released on his own recognizance. A subsequent investigation led to the Genesee County Sheriff's Office executing a search warrant on his residence June 15. Good was allegedly found in possession of a firearm, in violation of a previously served order of protection, and in possession of a high capacity ammunition feeding device. Good was arrested and charged with second-degree criminal contempt, a Class A misdemeanor, and criminal possession of a weapon in the third degree, a Class D felony. Good was arraigned virtually in Genesee County Court and remained in custody of the Sheriff's Office, jailed in lieu of $2,500 cash bail or $5,000 bond. The county DA's office assisted in the investigation.

Stephen J. Rucinski, 38, of West Main Street, Le Roy, is charged with three misdemeanors and a violation, respectively: criminal possession of a controlled substance, 7th; obstructing governmental administration in the second degree; aggravated unlicensed operation in the second degree; and no or inadequate license plate lamps. At 12:59 a.m. on June 9, Genesee County Sheriff's Deputy David Moore attempted to conduct a traffic stop of a vehicle in the area of Selden Road and Route 19 in the Town of Le Roy. The operator, Rucinski, allegedly fled from the vehicle into a wooded area north of Selden Road. Deputy Nicholas Chamoun, Deputy Andrew Mullen and K-9 Frankie arrived on scene to assist locating the defendant. Following a successful track by K-9 Frankie, Rucinski was taken into custody without incident. It is alleged that he was in possession of a controlled substance at the time of his arrest and that he was driving with a suspended NYS driver's license. He was released with appearance tickets returnable to Le Roy Town Court July 6. Also assisting in this case were Sheriff's Sgt. Andrew Hale and members of the Le Roy Police Department.

Lockport teen who died at Indian Falls was Section VI diving champion

By Howard B. Owens

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Jacob Minnick, the 18-year-old from Lockport who died yesterday in a drowning incident at Indian Falls, was a back-to-back to Section VI diving champion, according to the Lockport Journal.

In his senior year at Lockport High School, Minnick was undefeated.

He had just completed his freshman year on Clarion University where he was a member of the swim team. The athletic department issued the following press release (and photo above):

CLARION, Pa. – Jacob Minnick, a member of the Clarion men's swimming & diving team, tragically passed away on Thursday, June 17. He was 18 years old. A native of Lockport, N.Y., Minnick had just completed his first year of study at Clarion and was an active member of the Golden Eagle team.

Information regarding memorial services are not available at this time.

"Jacob was a very sincere, polite, happy, caring kid," said Diving Coach Dave Hrovat. "In the time I got to know him, it was easy to see that he loved training with his teammates and loved being part of the program. He had a bright future ahead of him, athletically and academically. I want to express my heartfelt condolences to all his family and loved ones, and let them know that we are there for them in this tremendously difficult time."

"Jacob had a smiling, bright-eyed face every day walking on the pool deck," said Head Swimming & Diving Coach Bree Kelley. "He enjoyed his teammates and Clarion and we were excited to see him progress through our program. We are surely going to miss that smiling face. We will be offering counseling services for our team if they should need it but in the meantime our team will stand together to support one another through this tough loss."

"We are extremely saddened to learn of the passing of Jacob," said Director of Intercollegiate Athletics Wendy Snodgrass, Ed.D. "He was an important and valued member of our men's swimming and diving program, and quickly developed strong bonds with his teammates and coaches. Our thoughts and prayers are with his family and everyone who knew and loved him."

"I extend our deepest sympathy to Jacob's family, friends, teammates and the faculty and staff in the Clarion community who knew him," said Clarion President Dale-Elizabeth Pehrsson, Ed.D. "Any loss of life is a tragedy, but the grief cuts especially deep as we mourn a young man who had accomplished so much and had so much more to give."

Minnick recently completed his first year as a member of the Golden Eagle men's swimming & diving program, and was a Biology / Ecology major. A freshman from Lockport High School, he did not compete during the 2020-21 season but was an integral part of the team during their training schedule. One of the top divers in the history of Lockport, he was a three-time state meet qualifier in high school, with a number of section championships to his credit. He placed 14th at the state meet as a junior and 16th as a senior.

Lockport Teen Drowns at Indian Falls

By Howard B. Owens

A volunteer dive team attached with the Alden Volunteer Fire Department located the body of 18-year-old Jacob C. Minnick, of Lockport, in the churning waters below Indian Falls at 5:51 p.m. on Thursday.

Minnick had apparently gone to the falls with a group of friends to jump off the rocks into the water and after one jump shortly before 4 p.m. he resurfaced briefly and wasn't seen again.

His friends tried searching for him themselves before first responders from Pembroke, Indian Falls, and the Sheriff's Office arrived.

The City of Batavia's Fast Water Team was dispatched to assist in the search and team members were in the water for about an hour before the dive team was able to deploy. It took a diver about 11 minutes to locate Minnick's body. Coroner Karen Lang declared him dead at the scene.

Also assisting at the scene were Emergency Management and Corfu fire.

Previously: Juvenile who jumped in Indian Falls has not been seen coming to the surface, rescue units responding

Seven DIGIES awarded among 13 Genesee County students

By Press Release

Image: A first-place Graphic Arts creation, grades 10 to 12, by Michelle Jefferson from Dansville Central Schools called "Neon Lights."

Submitted image and press release:

The DIGIES is an annual digital media conference and festival run by the School Library Service, a program of the Genesee Valley Educational Partnership.

The mission of The DIGIES is to strengthen the digital media continuum between Pre-K-12 schools, higher education and professional institutions. The DIGIES recognizes student potential in an annual festival format and draws student entries from throughout the region and the Upstate New York area.

Due to the COVID-19 pandemic, this in-person awards’ ceremony was canceled. Emilee Williamson and Andrea Fetterly, library technologies’ specialists, coordinate this conference. Fetterly said despite the pandemic, this year’s festival drew a number of entries.

“We are excited to celebrate the amazing creativity and skill demonstrated by the participants in this year's DIGIES festival," Fetterly said. "Despite a much different school year with remote learning and other extraordinary circumstances, students continue to achieve great success."

Congratulations to these imaginative students!

Audio

Seventh-ninth Grades

  • First Place: Gadge Savastano -- "Irregular Time" -- Mount Morris Central School
  • Second Place: Harper Antonucci -- "Right Side Up" -- Geneseo Central School

10th-12th Grades

  • First Place: Matt Sullivan -- "The Digies Beat" -- Wildwood Education Center GST BOCES
  • Second Place: Desinee Woodworth -- "Fade Out" -- Dansville Central School
  • Third Place: Benjamin Scoins, Devon Vaughn, Ainsley Czechowicz -- "Shooting for a Cure" -- Pembroke Central School

Graphic Arts

Pre-K-third Grades

  • FIRST PLACE: Aiden Palmer -- "Aiden Catches the Rainbow" -- Pavilion Central School

Fourth-sixth Grades

  • First Place: Mrs. Sylor’s 5th Grade Class -- "Class Portrait" -- Livonia Central School
  • Second Place: Madelyn Burnett -- "Burning Bush" -- Southwestern Central School
  • Second Place: Avery Boor -- "Stitch Digital Drawing" -- Avon Central School
  • Third Place: Evie Walters -- "Comfortable Cat" -- Livonia Central School
  • Third Place: Zuli Mayer -- "Shy Smile" -- Lancaster William Street Central School

Seventh-ninth Grades

  • First Place: Aniya Ellsworth -- "Digital Mosaic" -- Eden Middle/High School
  • Second Place: Gregory Martin -- "Virtual Gallery" -- Rush-Henrietta Central School
  • Third Place: Parker Baldwin -- "Virtual Gallery" -- Rush-Henrietta Central School

10th-12th Grades

  • First Place: Michelle Jefferson -- "Neon Lights" -- Dansville Central School
  • Second Place: Anna Wojtas – "Bridge" -- Brockport Central School
  • Third Place: DezaRay Burley -- "New World" -- Wildwood Education Center GST BOCES

Interactive

Pre-K-third Grades

  • First Place: Mrs. Leanord’s first-grade class (Ace Friday, Brianna Gilmore, Kylie Greenway, Tyler Hanvey, Evelyn Holmes, Isabella Jackson, Aubrie Jordan, Michaela MacPherson, Kate Rehberg, Gavin Rubert, Atticus Salogar, Luna Santangelo and Frankie Tirabassi) – "Animal Adaptations" – Avon Central School
  • Second Place: Caydence Chappius, Maggie Driscoll, Adelyn Duryea, Callaghan George, Reed Jaros, Charlie Chesnes, Ruby Kyle, Nora Lane, Kenna MacPherson, Conlan McLaughlin, Emma Moran, Donivan Welch, Isabella Tumminelli, Jeremiah Jordan) – "Animal Habitats" – Avon Central School
  • Third Place: Morgan Arber, Briella Bailey, Brooke Clinton, Logan Gaczynski, Evan Hill, Madelyn Hindle, Malcolm Lincourt, Annalisa Murphy, Connor O'Dea, Emily Oyler, Patrick Powers, Layla Price, Kaiden Kellman – "Habitats" – Avon Central School

Fourth-sixth Grades

  • First Place: Julianna Lawson, Annabelle Bajus, Adeline Timothy – "All About Dogs" – Keshequa Central School
  • Second Place: Emerson Currin, Reese Koukides, Cora Weaver – "Snoop Pups" – Le Roy Central School
  • Third Place: Mrs. Dorey’s Fourth Grade Class – "Museum of Invention" – Livonia Central School

10th-12th Grades

  • First Place: Dylan Lewis – "Minecraft World" – Cassadaga Central School
  • Second Place: Anna Burkhartzmeyer, Madeline Cherwonik, Samuel Coyle, Patrick Farrell, Abigail Foley, Dia Gauthier, Eliza Gonzalez, Claire Gratto, Nicholas Nealon, Samantha Place, Laine Ramsay, Colby Reixinger, Natalie Smith, Leia Thibaut – "The Pandemic Publication" – Brockport Central School
  • Third Place – Sean Pies – "High Flyin Vinyl" – Batavia City School

Video

Pre-K-third Grades

  • First Place: Cooper Clark – "Jellyfish" – Livonia Central School
  • Second Place: James McMahon – "Commercial for an Electric Scooter" – Geneseo Central School
  • Third Place: Ethan McMahon – "Commercial for Roller Blades" – Geneseo Central School

Fourth-sixth Grades

  • First Place: Emilia McMahan – “Rainbow Bird” Claymation – Avon Central School
  • Second Place: Sunny Quinn, Lilianna Pragle – "How NOT to Wear a Mask" – Livonia Central School
  • Third Place: Halie Hassell – "Changing the World" – Le Roy Central School

Seventh-ninth Grades

  • First Place: Adam Dolph – "Insane Trick Shots" – Alexander Central School
  • Second Place: Anna Holt, Zoey Wallace, Chloe Hennings – "Roasty Toasty Toaster" – Alexander Central School
  • Third Place: Andrew Lindboom – "Travel Video Paris" – Southwestern Central School

10th-12th Grades

  • First Place: Jacob French – Cookie Jar – Geneseo Central School
  • Second Place: Ashlyn Kreiss – Two’s a Pair – Pittsford Sutherland Central School
  • Third Place: Charlotte Raith – Study Break – Pittsford Sutherland Central School

About the School Library Service

It is a program of the Genesee Valley BOCES. GV BOCES operates as a Board of Cooperative Educational Services offering shared programs and services to 22 component school districts located in Genesee, Wyoming, Livingston and Steuben counties in New York State.

Photos: Avenue Flags raised at WNY National Cemetery

By Howard B. Owens

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Press release:

The Avenue of Flags is something National cemeteries display during Memorial Day. National cemeteries can either put small flags up at each marker or display an Avenue of Flags for Memorial Day. 

The Western New York National Cemetery has been recently approved to display the Avenue of Flags annually from Armed Forces Day (Third Saturday in May) to the Saturday after Veterans Day (Nov. 11).

Each flag that is flown along the Avenue has either draped a veteran's casket or accompanied a veteran's urn to their final resting place. These are known as interment flags.

Each flag has been presented to the next of kin of the veteran on behalf of the President of the United States and the branch of service the veteran served. Families donate their veterans interment flags to fly along the Avenue to represent their service and sacrifice to the country.     

The WNYNC Memorial Council is responsible for the maintenance of the flags as well as collecting the donated flags. The WNYNC Memorial Council is a newly developed council, begun within the last year to support the WNYNC.  

Photos by Howard Owens.

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Law and Order: Man accused of arson in Alabama, another of criminal mischief in Pembroke

By Billie Owens

Charles Edward Allis Jr., 23, of Garland Street, Lyndonville, is charged with fifth-degree arson and trespass. Following the initial call for a structure fire at 5:57 p.m. June 8 on Ham Road in Alabama, Allis was arrested. He allegedly entered property without permission and started a fire. He was released on an appearance ticket and is due in Alabama Town Court on July 20. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Tyler William Reeves, 23, of Main Road, Pembroke, is charged with second-degree criminal mischief. Reeves was arrested after an incident at 2:45 p.m. June 8 on Main Road in Pembroke. He was arraigned virtually in Bergen Town Court and released under supervision. He is due in Genesee County Court on Aug. 3. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Sgt. Mathew Clor.

Hawley announces passage of bill designating portion of Route 77 in honor of fallen hero 'C. Jay' Hall

By Press Release

Press release:

Assemblyman Steve Hawley announces the passage of Assembly Bill A.6021, which designates State Route 77 between Pembroke Town Park and the intersection of Indian Falls Road in the Town of Pembroke as the “SP4 C. Jay Hall Memorial Highway.”  

Specialist Four Clarence "C. Jay" Hall served as a rifleman in the Army in Binh Duong, Vietnam. On Oct. 7, 1969, Specialist Hall exposed himself to hostile fire so his comrades were able to obtain cover with a complete disregard for his personal safety. During this action, he was mortally wounded.

Specialist Hall earned the NYS Conspicuous Service Cross, the National Defense Service Medal, the Vietnam Service Medal with One Bronze Star, Vietnam Campaign Ribbon, Combat Infantryman Badge and the Silver Star, which is the nation's third highest award for valor.

“The actions of Specialist Four Clarence ‘C. Jay’ Hall should be remembered and honored for all of time, so I am proud to have passed this law forever enshrining his legacy within our Western New York community,” Hawley said. “The selfless service of our nation’s heroes must never be forgotten.”

Three-car pileup at Galloway and Slusser roads, Pembroke

By Billie Owens

A three-car accident is reported at Galloway Road and Slusser roads in East Pembroke. A pregnant female complains of foot pain. A first responder says it is not blocking traffic. Pembroke Fire Department is responding and two Mercy medic ambulances are requested.

UPDATE 8:49 p.m.: The second ambulance is cancelled. Three flatbed tows will be needed.

UPDATE 8:59 p.m.: The Pembroke assignment is back in service.

Law and Order: Woman accused of subjecting victim to physical harm and yelling racial slurs at theme park

By Billie Owens

Haley Christine Keyser, 35, of Strasbourg Drive, Cheektowaga, is charged with aggravated harassment -- physical contact due to race, and disorderly conduct. Following a complaint at Six Flags Darien Lake at 5:28 p.m. May 30, Keyser was arrested. She allegedly subjected a victim to physical harm, yelled obscenities and racial slurs in a public place. She was released on an appearance ticket and is due in Darien Town Court on June 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Andrew Hale.

Matthew Jacob Zon, 39, of East Main Street, Byron, is charged with criminal contempt in the first degree and criminal obstruction of breathing. He was arrested at 6:35 p.m. May 29 after a disturbance on East Main Street in the Town of Byron. Zon was arraigned in Town of Stafford Court and put in Genesee County Jail in lieu of $2,500 cash, $5,000 bond, or $15,000 partially secured bond. Zon is due in Genesee County Court on June 28. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Tower.

Tevin Bloom, 27, is charged with criminal obstruction of breathing, second-degree harassment and criminal mischief. At 9 p.m. on May 20, Bloom was arrested after an investigation into a domestic incident where Bloom was allegedly involved in a physical altercation. He allegedly damaged property inside the victim's apartment. He was arraigned in Batavia City Court and is due there June 23.

Dustin Wilcox, 36, was arrested on May 20 by Batavia Police Officer Peter Post and charged with disorderly conduct. It is alleged that he was involved in a fight on Washington Avenue. He was issued an appearance ticket to be in Batavia City Court today (June 1).

Lawrence Boone, 30, was arrested outside a Batavia residence after being located by police May 20; he is charged with disorderly conduct. It is alleged that he physically fought another male in the street. Boone was due in Batavia City Court on May 25.

Rachel Baehr, 34, was arrested May 21 and charged with second-degree harassment and endangering the welfare of a child. At 2:57 p.m. May 14 on Oak Street, it is alleged Baehr was involved in a physical altercation during a domestic incident. She was issued an appearance ticket for a future date in Batavia City Court.

Kevin Thomas, 32, turned himself in on numerous active warrants May 18 and was arraigned in Batavia City Court. He is charged with burglary in the second degree, criminal contempt in the second degree, criminal mischief in the fourth degree, criminal mischief in the third degree; endangering the welfare of a child; and first-degree criminal contempt. The charges stem from a domestic incident that occurred May 4 on Walnut Street. Bail was set at $1 and Thomas is due back in court June 22.

Ray Spencer-Lindqui Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with second-degree menacing. On May 28 at 3:45 a.m., the dispatch center received a report of a domestic incident involving a knife on Bloomingdale Road in Alabama. An investigation at the scene allegedly revealed the defendant possessed a knife, which caused the victim to fear being injured. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Sgt. Michael Lute.

Ernest Jerome Heineman, 40, of Old Creek Road, Alexander, is charged with aggravated harassment in the second-degree. At 3 a.m. on May 30, Heineman was arrested for an incident that occurred at 7:30 p.m. May 1 on Old Creek Road. It is alleged that he sent threatening text messages to a person, causing them to fear for their safety. He was arraigned in Alexander Town Court and he was served with an order of protection. He is due in Genesee County Court July 13. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Jordan Alejandro.

Stephanie Lynn Salcido, 31, of Walden Creek Drive, Batavia, is charged with: driving while intoxicated; driving while ability impaired by the combined influence of drugs and alcohol; driving a motor vehicle on a sidewalk; failure to stop at a stop sign; and failure to keep right. At 11 p.m. on May 30, Salcido was arrested on the charges. She was issued appearance tickets and is due in Batavia City Court on June 16. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Sgt. Andrew Hale.

Zachari Morgan, 25, is charged with second-degree assault and criminal possession of a weapon in the third degree. He was arrested May 26 at DeWitt Recreation Area after he allegedly threw a rock at another person, striking them in the head during an altercation. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. Then on May 27, Morgan was arrested and charged with third-degree assault and endangering the welfare of a child. It is alleged that at 5:11 p.m. on May 25, Morgan slapped and threw a person to the ground, causing injury, during a domestic incident at DeWitt Recreation Area. He was arraigned in city court and released on his own recognizance. Morgan is due back in court July 8.

Modesto Domingo-Cardenas, 27, is charged with unlawful imprisonment in the second degree and harassment in the second degree. He was arrested after a domestic incident at 1:15 p.m. May 25 on Pearl Street in Batavia. It is alleged that he slapped a person and then attempted to prevent them from leaving the residence. He was arraigned in Batavia City Court and released on his own recognizance. He is due back in court July 1.

Thomas Martin, 80, is charged with third-degree menacing following a dispute at 5:04 p.m. May 26 on McKinley Avenue. Martin allegedly threatened another male. He was issued an appearance ticket for June 1 in Batavia City Court.

Eric Gant Jemison, 48, of West Center Street, Medina, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; operating a motor vehicle without stop lights. At 9:05 p.m. on May 28, Jemison was arrested after deputies responded to Judge Road in Alabama for a complaint of a vehicle that struck a stop sign and drove away. Deputies located the vehicle a short time later. Jemison was released with appearance tickets for June 8 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Kyle Tower. 

Timothy James Passage, 37, of Squire Court, Amherst, is charged with possession of a forged instrument in the first degree. At 12:22 p.m. on May 28, Passage was arrested on a warrant out of Town of Pembroke Court. He allegedly passed a fake U.S. $20 bill while at Tim Hortons in Pembroke. He was transported to Genesee County Jail to be arraigned virtually. The case was handled by Sheriff's Deputy Kevin McCarthy, assisted by Deputy Chad Cummings.

Joseph Freeman, 38, and Lynn Homer, 48, were arrested on warrants out of Batavia City Court at 3:38 p.m. April 28. It is alleged that they stole while together at a local business. They were arraigned in city court then released under supervision of Genesee Justice. Freeman is due back in court June 23; Homer is due back in court June 24. 

Kyle Shea, 26, was arrested May 20 on a warrant out of Batavia City Court for failure to appear after appearance tickets were served. It is alleged that Shea was driving a motor vehicle on Aug. 9 on Willow Street while his driver's license was suspended and so was the vehicle's registration. Shea turned himself in, was arraigned in city court, and the matter was resolved by plea. No further court proceedings are pending.

Paul Schwartzmeyer, 42, was arrested and charged with having a dog running at large. It is alleged that at 8:05 p.m. May 18 at an apartment complex parking lot, Schwartzmeyer allowed his dog to run at large and it attacked another dog. He was issued an appearance ticket to be in Batavia City Court on June 15.

Photos: Yesterday's sunset

By Howard B. Owens

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Bryan Bartholomew submitted this photo of sunset over Lehigh Avenue, Batavia.

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JoAnne Meiser submitted this photo of sunset in Indian Falls.

Rath's first bill passes, renaming a portion of Route 77 after Pembroke resident killed in action

By Press Release

Press release:

Today, May 25th, Senator Ed Rath’s first bill passed the New York State Senate (S.6105). The bill will designate state Route 77 between Pembroke Town Park and the intersection of Indian Falls Road in the Town of Pembroke, County of Genesee, as the "Specialist Four (SP4) Clarence 'C. Jay' Hall Memorial Highway."

“I am extremely happy to announce the passage of my first bill," said Senator Rath. "I am immensely proud of this legislation, highlighting a local hero. It is also fitting that this bill passes just days before Memorial Day. Specialist Hall gave the ultimate sacrifice and to be able to honor him is very humbling."

Specialist Hall served as a rifleman in the Army in Binh Duong, Vietnam. He was mortally wounded on Oct. 7, 1969, during an intense attack by enemy forces.

Specialist Hall earned: the NYS Conspicuous Service Cross; the National Defense Service Medal; the Vietnam Service Medal with One Bronze Star; Vietnam Campaign Ribbon; Combat Infantryman Badge; and the Silver Star, which is the nation's third-highest award for valor.

The Veterans Outreach Club and the Government classes of the Pembroke Jr. /Sr. High School requested this legislation.

The bill passed the Senate and is currently in the Assembly Committee on Ways and Means for consideration.

Photo: Sunset in Pembroke

By Howard B. Owens

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Yesterday evening's sunset in Pembroke.

Photo by JoAnne Meiser.

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