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Truck on fire in Bergen

By Howard B. Owens

A truck fire has been reported at Route 19 and Townline Road in Bergen, across from the car dealership.

First responder reports, "One fully involved vehicle."

Fire on Bank Street blamed on improperly lined chimney

By Howard B. Owens

Smoke detectors awoke a Bank Street family this morning, allowing the people in the lower apartment unit to escape safely from a fire that started in an improperly lined chimney, according to a Batavia Fire Department release this morning.

Upon arrival at the 2:20 a.m. alarm, Batavia firefighters entered the upper apartment and awoke the two occupants and escorted them safely from the building.

Firefighters initially responded to the call of a "house filled with smoke."

The fire caused an estimated $30,000 damage to the house and $15,000 to its contents.

No smoke detectors were present in the upper unit, which was located at 140 Bank St..

UPDATE: WBTA spoke with Captain Michael Drew (MP3) of the Batavia Fire Department. Chief Ralph Hyde also told WBTA that the chimney was designed for gas heating and the occupants tried burning wood in the fireplace.


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Report of abandoned house on fire in on North Pembroke Road

By Howard B. Owens

An abandoned house has reportedly caught on fire at 8038 N. Pembroke Road.

Earlier today there was a report of a controlled burn. According to Dispatch, the owner of the house, who was burning brush earlier, called to say the fire had spread to the house.

East Pembroke and Alabama fire departments are being dispatched.


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Van fire in Pavilion

By Howard B. Owens

A van fire has been reported at 7500 York Road in Pavilion. The caller reports her van was being worked on. There is a lot of smoke, but no visible flames.


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Car fire reported in Bergen

By Howard B. Owens

A car fire has been reported on Route 262 just west of Route 19 in Bergen. Bergen Fire is responding. A first responder reports visible flames from the engine compartment.


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Small brush fire in Bergen

By Howard B. Owens

Bergen Volunteer Fire Department is working a small bursh fire at 14 Gates St. It's described as "two small piles."  No report yet of it turning out to be a controlled burn.


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Fatal fire result of careless smoking, invesigators say

By Howard B. Owens

A fire early Thursday morning that killed Gary Horner, 58, was the result of careless smoking, fire investigators said this morning.

Horner died of carbon monoxide poisoning, according to Lt. Jay Steinbrenner, of the Batavia Fire Department.

The fire was reported about 3 a.m. Friday at 5 Dellinger Ave. when a passerby heard a smoke detector and smelled smoke.

Horner lived in a second floor apartment. The four occupants of the lower apartment were safely evacuated.

Batavia Police release name of fire victim

By Howard B. Owens

UPDATE: The victim has been identified by Batavia Police as Gary Horner, 58.

Original post:

Officials are still trying to contact the family of a man killed in a 3 a.m. fire on Dellinger Avenue.

His name has not yet been officially released.

The initial call of the fire came in at 3:08 a.m. when a passerby reported hearing firm alarms and could smell smoke.

Firefighters arrived at 5 Dellinger Ave. at 3:10 a.m.

Firefighters performed an initial search of the second floor apartment and found a male occupant in the bedroom.  He had apparently succumbed to injuries by the time he was found.

Four occupants of the lower apartment were evacuated safely.

WBTA interviewed one of the lower apartment residents, Ella Morrison (MP3).

The building is owned by David Ferry of Buffalo.

The fire caused an estimated $15,000 damage to the building and $5,000 damage to contents.

The cause remains under investigation.

Photo courtesy The Batavian's news partner, WBTA.

Previously:  Man dies in fire on Dellinger Avenue

UPDATE: We are aware that another news organization has reported the name of the victim. It is the policy of The Batavian, as well as our news partner WBTA, not to release the names of victims of fatal fires and accidents until authorities have confirmed that next-of-kin have been notified.

Man dies in fire on Dellinger Avenue

By Howard B. Owens

One man is dead after a fire and smoke swept through a second-floor apartment bedroom early this morning on Dellinger Avenue.

A passing motorist called 9-1-1 after hearing the smoke detectors at about 3:00 a.m.

The name of the victim has not yet been released.

No other people were in the apartment.

The occupants of the first-floor apartment escaped safely.

The last fatal fire in the City was three years ago yesterday.

Further details coming soon.

Grass fire on Warner Road in Le Roy

By Howard B. Owens

Le Roy firefighters are battling a grass fire in the area of 8195 Warner Road.

Stafford Fire Department brush truck has been asked to provide mutual aid.

UPDATE 2:55 p.m.: Bergen's brush truck just requested.

UPDATE 2:58 p.m.: Le Roy cancels Bergen request. Bergen standing down.


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Assemblyman Hawley Opposed to New Burn Ban Regulations

By Steve Hawley

 

HAWLEY OPPOSED TO NEW BURN BAN REGULATIONS

Outlines Effects of New DEC Statewide Burn Ban Regulations

 

Assemblyman Steve Hawley (R, I, C – Batavia) today discussed his ardent opposition to the state Department of Environmental Conversation’s (DEC) new statewide burn ban regulations while appearing on a series of radio interviews, including WHAM Talk Radio.  The new regulations, which prohibit open fires in populations greater than 20,000, were announced by the DEC last week.

 

“While the DEC claims that there will be no additional mandates for local governments, that is clearly untrue.  In fact, the DEC admits that local government waste managements will have to expand in order to accommodate the increased amount of waste the burn ban will create.  Additionally, even though the DEC estimates that the additional cost to residents would be around $50 per ton of waste, Western New Yorkers’ household budgets are already squeezed too hard.  How much more ‘big government’ can our rural communities take?” asked Hawley, who voted against a similar piece of legislation, A.5457 of 2007, when it came before the Assembly (the bill was held in committee in 2008).

 

After the failure of such legislation to pass both houses of the State Legislature, discussions about instituting new statewide burn ban regulations began in the spring of 2008.  Immediately, Hawley contacted the DEC to express his opposition to the measure and his feelings that creating a new regulation, in lieu of a law, was circumventing the legislative process.  Additionally, that July, when the DEC held public hearings regarding the initiative, Hawley appeared before the panel to verbally express his opposition.

 

Due to the widespread opposition from rural communities regarding a statewide burn ban, the proposal was changed slightly to allow for a number of exemptions, including allowing on-site burning in towns with populations less than 20,000.  This and a dozen other exemptions were included as part of the DEC’s final burn ban proposal announced several days ago, yet no provisions were outlined to assist local governments in affording or accommodating the increased amounts of waste.  As detailed in the DEC’s “Express Terms 6 NYCRR Part 215:”

 

“This is due, for the most part, to the 6 NYCRR Part 360 Regulations which were promulgated on December 15, 1988. These regulations required each county to be responsible for the management and disposal of all municipal solid waste generated in their area. Most counties formed solid waste management associations and either built a landfill, built a series of transfer stations, or both. In turn, the municipalities which were now responsible for waste disposal would pay for the cost of disposal by raising taxes, charging fees at transfer stations, or both. For example, a rural community with a population of 1000 might expect their cost of transport and disposal of solid waste to increase by as much as $12,155.00 per year. This is based on data provided by the Division of Solid and Hazardous Materials and assumes the following worst case factors: one resident in three currently uses a burn barrel to dispose of their waste; an average person produces four pounds of solid waste a day; and the cost of transport and disposal of solid waste is $50.00 per ton…


“There will likely be a need for more employees (or employee hours) at rural solid waste transfer stations and at private waste haulers. Rural solid waste transfer stations are usually small facilities where residents bring their refuse, leaves, brush and recyclables. They typically consist of nothing more than a few roll-off containers into which residents deposit their wastes. When the containers are full, they are carted off to a permitted, composite lined solid waste landfill.

 

“Due to the potential increase in the amount of household waste, brush, and land clearing debris, communities may need to upgrade these transfer facilities. Most rural transfer stations are located on adequate land for expansion; many of them being located at a former landfill which was closed under 6 NYCRR Part 360 regulations. Upgrades would primarily consist of large trash compactors for household refuse, and wood chippers or tub grinders for brush and land clearing debris. Some communities currently rent tub grinders on a weekly or monthly basis to reduce brush/limbs to wood chips or mulch. These products can in turn be given back to the residents or used in municipal landscaping projects.”

 

As Hawley explains, “Sure, right now, a waste facility in a rural community may consist of just a few bins so, in theory, asking a local government to purchase a couple more bins doesn’t seem like a huge deal.  However, the reason why there is such little waste, as used in their statistics, is because in rural communities like ours, people burn their waste to keep it out of the landfills.  The statistics that the DEC is using are not realistic, therefore, the ‘marginal’ costs they estimate for our communities cannot be on target either.”

 

The DEC plans to submit their proposed regulation to the state within the next few days.  If approved, the new regulation would go into effect after 30 days.  However, Hawley has signed onto and supports A.7414, bipartisan legislation to prohibit the DEC from restricting the burning of garbage, refuse or rubbish in an open fire on land possessed by a single family or any part of a farm under certain circumstances.

 

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Dump truck fire reported in Corfu

By Howard B. Owens

A dump truck is on fire and reportedly "fully involved" near the intersection of Genesee road and Boyce Road in Corfu.

The Corfu Volunteer Fire Department has been dispatched.

UPDATE 12:54 p.m.: The truck is reportedly under power lines.  It is west of Boyce Road, well up a driveway.


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Stove fire reported on West Main, Batavia

By Howard B. Owens

Town of Batavia Fire Department is responding to a reported stove fire at 4071 W. Main St. Road.

The fire is contained to the stove. There is smoke in the residence.

UPDATE: 12:17 p.m.: Fire out, but ventilation needed.


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Dumpster fire reported in Bergen

By Howard B. Owens

A patrol officer -- not sure which agency -- reported a dumpster fire at 59 S. Lake Road, Bergen.

Bergen Fire has been dispatched.

The reporting officer and possibly one other person are attempting to put out the fire with a fire extinguisher and hose.

UPDATE 7:09 p.m.: Bergen Fire back in service.


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Accused arsonist enters not guilty plea

By Howard B. Owens

Standing before Judge Bob Balbick  in handcuffs and leg chains, Andre L. Scott said he was not guilty of the charges of arson, attempted murder and burglary.

Scott, standing 6' 8" in his green state prison clothes, offered no other statement. He is accused of starting a fire Jan. 24 with the intention of killing at least one of the residents of the dwelling.

Bail in this case was set at $100,000, but he's already in state prison on a criminal weapon possession charge.

A felony hearing was set for Sept. 8 at 10 a.m. in City Court.

UPDATE 3:50 p.m.: Det. Chuck Dudek just sent out an updated press release with more details of the alleged crime.

Scott allegedly threatened the life of his recently ex-girlfriend's father prior to allegedly setting the fire. Scott allegedly started the fire by pouring gasoline on two flights of an interior stairwell and then igniting it. This stairwell is reportedly the only exit from the second- and third-floor apartments of the building. The first- and second-floor apartments were occupied at the time of the 10:20 p.m. fire. Occupants were able to escape the building through windows and were not injured. The father of Scott's ex-girlfriend lived on the second floor.

"A quick response by the City of Batavia Fire Department minimized damage and preserved evidence," Dudek wrote.

Arson and attempted murder charges filed against Rochester man

By Howard B. Owens

Attempted murder and arson charges have been filed against a Rochester man accused of starting a fire at 12 Elm St., Batavia the night of Jan. 24..

Andre L. Scott, already in jail on an unrelated charge, will be arraigned tomorrow on charges of arson in the 2nd degree, burglary in the 1st and attempted murder in the 2nd.

Scott, 30, resides at 2323 Spencerport Road, Rochester.

The case was investigated by Det. Chuck Dudek of the Batavia Police Department.

Following the fire, the Batavia Fire Department reported the event in a press release:

The first alarm came in for 12 Elm Street with report of a possible explosion and flames showing. Within three minutes, city firefighters arrived on scene and quickly extinguished a fire that was found in the side stairwell of the three-story apartment house. Four residents were alerted by smoke detectors and were safely outside the structure when the firefighters arrived.

Previously:

Car fire reported off Route 20 in Alexander

By Howard B. Owens

A car fire has been reported on Route 20 east of Route 98 on the south side of the roadway.

The initial report had the car fire west of Route 98, but a first responder found the car and reported it was off the roadway in a field.

He reported it didn't appear that anybody was in the car, but did say, "If it gets up into the trees, we may have a little brush fire."

Alexander Fire Department is responding.

There's a been a request for law enforcement to respond.

UPDATE 4:23 p.m.: Alexander Fire back in service. Apparently, the driver/owner of the car is nowhere to be found.

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