A chimney fire is reported at 5092 Barrville Road, Elba.

Elba Fire Department is responding.

UPDATE 8:44 p.m.: Chief on scene reports heavy smoke from the chimney.

UPDATE 8:46 p.m.: A tanker from Barre is in route. A chief says, (I think he said), "We've got 'charring' on the wall."

UPDATE 8:56 p.m.: Oakfield requested to fill in at Elba's hall.

UPDATE 9:06 p.m.: Town of Batavia's ladder truck requested to the scene.

UPDATE 10:30 p.m.: The roadway will reopen in five minutes.

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Genesee County has at least one champion squirrel hunter.

Erica Kotarski, 13, in eighth grade at Oakfield-Alabama Central School, won the youth division in the Holly Fire Department Squirrel Slam on Saturday.

To earn the $50 prize and plaque, Erica bagged five squirrels with a total weight of 7 pounds 1.8 ounces.

As near I as I can find, HFD has not announced the other winners, but Erica's parents, Dale and Molly, are proud of their daughter and sent along the phone and information.

Erica has her lifetime hunting license and has taken all required safety courses, Molly said.

Los Angeles Times, New U.S. combat policy affirms role women already play:

Pfc. Rosie Darby said she was told by her recruiter that women could not serve as frontline combat medics. She made sure to email him when she got her current job: a platoon medic at one of the battalion's combat outposts. (Her official designation is healthcare specialist.)

"That first formation was a bit of a shell shock," she said, smiling. "Everyone was looking and asking: 'Is she in our formation? Is she a girl?' "

The petite 20-year-old from Pavilion, N.Y., soon earned their respect. Members of her platoon said she goes out with them almost every day, climbing over rows of grapevines with a pack of medical supplies on her back to avoid roads that may be seeded with bombs. "She outperforms half of us," said Sgt. Andrew Bohman, 27, of Cincinnati.

Coarse language doesn't faze her. "She's like one of the guys," said Pfc. Evan Sharp, 20, of Manteca, Calif.

Wonder if that recruiter is still in town?

Press release:

Sheriff Gary T. Maha announces that K-9 Pharoah will be retiring at the end of 2013. K-9 Pharoah is 11 years of age and has been working with Deputy Brian Thompson since November 2010. Deputy Thompson will be relinquishing his K-9 duties at the end of the year as well. Deputy Thompson has been the Genesee County Sheriff’s Office K-9 officer for the past 13 years.

The Genesee County Sheriff’s Office has been able to maintain a K-9 team for the past 13 years with support and donations from the public along with county funding. Public support and donations are vital to the continuation of this worthwhile program and are used to pay for food, veterinary services, training, equipment, and other K-9 related expenses.

The K-9 team is used for search and suspect apprehension, locating missing persons including missing children and Alzheimer patients, contraband and drug searches, tactical tracking, evidence recovery, building searches, patrol, and public presentations.

The Sheriff’s Office will be selecting a new K-9 officer and will be searching for a new K-9. The cost for a police dog ranges from between $5,000 - $8,000 and a 15-week K-9 training course costs approximately $5,000.

The Sheriff’s Office is initiating a public fundraiser for a sustainable K-9 fund for the Genesee County Sheriff’s Office. We need your support to continue with our K-9 program and are asking businesses, community organizations and individuals to make a tax-deductible donation to the “Genesee County Sheriff’s Office K-9 Fund”, 165 Park Road, Batavia, New York 14020.

Photo submitted by Sheriff's Office.

Former Rep. Kathy Hochul has landed a new job. Hochul will work for M&T Bank as vice president of government relations.

From the Buffalo News:

Hochul ... will represent M&T in building relationships with local, state and federal officials, the bank said. She will work out of M&T’s headquarters in downtown Buffalo.

City Manager Jason Molino sent a copy of this letter, addressed to Thomas Houseknecht, to members of the local media:

Mr. Houseknecht-

You have asked for responses to your comments over the past several weeks regarding the proposed refuse and recycling program. Attached are my responses to your questions. 

I understand your concern over the impact the proposed program may have on the those who can least afford it. While I share the same concern, I disagree with your analysis that lower assessed properties properly represents, or in any form correlates, to those who can least afford it. For example the average assessed single family home in the city is $92,112, while the average assessed two-family home is $76,534 and the average assessed triple-family home is $84,380. According to a recent EPA study, multi-family properties that have more than one household generate 1.5 times or more refuse (depending on the number of units) than a single-family property. In addition, the study states recycling tonnage per household is 65 percent greater for single-family households than for multi-family households. Considering doubles and triples generate from 1.5 to 3 times the amount of garbage as a single-family home, recycle significantly less and the property owners pay less in taxes, the current system is inequitable as we pay for garbage based on the amount of assessed value of our homes with no relationship to how much we throw out, don’t throw out, recycle or don’t recycle.

The proposed refuse fee does not target any one type of resident or property owner; instead it is intended to provide an equitable way to pay for a service based on a rational relationship between the cost of the service and the amount of service each resident uses. Similar to water, sewer, cable, electric, gas, phone and all other utilities, assessed value is not a determinant of the cost of the service, nor does it properly represent the amount of service used by individual property owners or residents.  Furthermore assessed value is not a valid method for determining the cost of refuse and recycling collection to residents.

I appreciate your passion for the refuse collection issue in Batavia and in particular for your support of ARC and its endeavors. I welcome the opportunity to sit down with you and my staff to review the numbers and understand how you arrived at some of the assumptions made in your statements to city council. Dialoging with you would certainly help us understand how we might better communicate our intentions and goals for the city as it relates to refuse collection both now and in the future.  

Sincerely,

Jason Molino

UPDATE: I failed to take note of four attachments with Jason Molino's e-mail.  Here they are (all links are to PDFs):

• Thomas Houseknecht's e-mail to city council
• Response to Houseknecht's e-mail
• Response to letters to the editor
• Response to public comments

Earl Francis Sprague, 42, of 1366 Church St., Alabama, already indicted on 28 counts of sexual abuse, is facing new felony charges after he was arraigned in county court today on a new indictment.

The sealed Grand Jury indictment was opened by Judge Robert C. Noonan while Sprague was in court. It contained 12 new counts against Sprague, who has also been accused of trying to have somebody murdered.

Among the new counts against Sprague is predatory sexual assault, a Class A-II felony that carries a possible sentence of 10 to 25 years in prison.

He's also charged with two Class B felonies of first-degree burglary. People convicted of Class B felonies can be sent to prison for up to 25 years.

He's also charged with first-degree sexual abuse, assault, 1st, and four counts of criminal contempt, 2nd.

In the new indictment, Sprague is accused of unlawfully entering a dwelling in the Town of Alabama and causing physical injury to another person at least twice in January, 2010.

He is accused of subjecting another person to sexual contact by force and using a foreign object in a sexual manner by force.

The predatory sexual abuse charge alleges that in the process of the forced sexual contact with a foreign object he caused physical injury to the victim.

Sprague is also accused of contacting by telephone on four separate occasions in September and January a person he was ordered by a judge not to contact.

Previously:

• Alabama man accused of first abusing child 13 years ago
• Grand Jury indicts Alabama man on 28 counts of sexual abuse
• Sprague accused of soliciting for murder
• Man accused of sexual abuse pleads not guilty, bail reduced
• New attorney for man accused of sexual abuse given time to study the case

Local law enforcement officers believe they've figured out who's been on a spree of wooden pallet thefts in the county recently.

James J. Moscicki, 32, of 1309 Dale Road, Dale, has been charged with one count of grand larceny.

He was arrested today by Batavia PD and accused of stealing $2,400 worth of pallets from a business in the city.

Though not charged yet, Moscicki may be a suspect in pallet thefts elsewhere in Genesee County.

City police have been working on the investigation with the Sheriff's Office and Le Roy PD.

It's alleged that Moscicki has been stealing the pallets and selling them to businesses in the county. He was reportedly transporting pallets in a silver Dodge Neon with a small utility trailer.

Some of the pallets were marked with identifying numbers.

Deputy John Duyssen requests that anybody with information that might lead to the recovery of pallets to contact him at (585) 345-3000, ext. 3233.

Former Buffalo Bills wide receiver Lou Piccone, flanked by the Cougar Dance and Cheer teams, was at Genesee Community College today to promote the upcoming Trek the Trail Walkin’ 'n’ Talkin’ event.

Piccone is honorary chairman of the event, which is set for 8:30 a.m., April 20 at the college.

The walk around the Batavia campus is open to all – young, old, athletes of all persuasions, runners, walkers, alumni, faculty and staff, people with friendly dogs, or babies in strollers.

Participants in the fund-raising event will visit nine Cougar Stops along the route featuring an array of fun encounters and prizes. 

After the walk, a picnic lunch is provided on the East Lawn. Prizes will be awarded for most pledges raised by an individual, as a team, and to the GCC student club with the most pledges. Most creative team costumes will also be recognized.

Today, Piccone talked about his football career -- which included 100 passes for 1,380 yards and six touchdowns from 1977 through 1982 with the Bills and Jets.

He also explained that he is supporting the event because a college education helped him prepare for life, even an NFL career, where offensive schemes can get complicated and he had to be able to adapt to playing more than one position.

Registration for the event is $15 per participant and includes a T-shirt, picnic lunch, prizes and treats. Children 8 and under accompanied by an adult are free. 

To register or for more information, click here.

“We’re delighted that Lou Piccone will join us for our Trek the Trail, Walkin’ 'n’ Talkin' Scholarship fundraiser, and I’m excited to give him a tour of our campus ahead of time,” said Russ Romano, Trek the Trail committee member and GCC Foundation Board member. “He brings a level of enthusiasm that raises awareness on how this event serves a multitude of terrific purposes.

Below, people involved in organizing the event: Lou Piccone, Joanna Barefoot, Andrew Maguire, Nate Shirk, Eric Sandler, Andrew Crofts, Marc Staley, Marlin Salmon and Russ Romano.

There is growing opposition in Upstate New York to the hastily passed SAFE Act and the Genesee County Legislature is about to join the growing chorus of jeers.

The legislature will vote on a resolution next week calling for repeal of the law, which Gov. Andrew Cuomo pushed through with little public notice following the tragedy at Sandy Hook Elementary School in Connecticut.

"This has tremendous implications for those of us who are gun owners and support the Second Amendment, so I hope somebody is listening to us," said Legislator Ray Cianfrini, who chaired the Public Service Committee meeting last night, where the resolution was introduced.

County Clerk Don Read (top photo) spoke in favor of the resolution and noted that since the first of the year his office has been flooded with requests for handgun permits and that over the past few days, people have been lining up to opt out of public disclosure of permit information.

Typically, Read said, his office can expect about 20 applications in winter months for pistol permits. In January, his office received 65 applications.

"I don't see how we can continue to keep up the pace," Read said. "It is already wearing down the staff. The tension and stress of having lines go out the door has really been difficult."

Robert Kowalski (inset photo) said he came to the legislature as a concerned citizen and asked that local lawmakers bring political pressure to get the SAFE Act revised or repealed.

"I feel it's unconstitutional and will do nothing to deter crime," Kowalski said.

Cianfrini said he found three problems with the legislation: First, it was rushed through (the 25,000-word bill was given to legislators for the first time an hour before the vote); second, the normal minimum three-day review period for a bill was waived (which Cianfrini thinks will be challenged in court); and, the law could be unconstitutional.

"I don't know how else to say it: It was shoved down our throats," Cianfrini said.

(For an explanation of the SAFE Act, click here).

Read agreed that the new law was rushed through.

"The law was put together in a haphazard, over-the-weekend process," Read said. "(Sen.) Mike Ranzenhofer and (Assemblyman) Steve Hawley both said how upset they were that all they could do was vote no. They had no say over the law, no ability to amend, nothing to do with the process."

Assuming the local legislature passes the resolution calling for repeal of the SAFE Act, Genesee County would become at least the 22nd county to oppose the new law.

Sheriffs, county clerks and even public health officials across the state have taken stands against it.

One thing the SAFE Act did do that many gun owners support is create the ability for citizens to ask that their pistol permit information be kept confidential.

Currently, pistol permits are public record. For the next 120 days, people can file requests with county clerks to opt out of disclosure of their permit data.

Those who fail to meet the deadline will still have their records made public upon request through the Freedom of Information Law.

Read said he's already received a FOIL request for permit holders names and addresses from one anti-gun Web site. He said he plans to oppose the request, which he believes will be supported by county attorney.

Read believes he can withhold the information under FOIL exemptions for "an unwarranted invasion of personal privacy" and "if disclosed could endanger the life or safety of any person."

If Read does oppose the release, he said he would expect the matter to be taken to court.

Pistol permits should not be public record, Read said.

"I don’t see why these people should be singled out any more than, say, give me a list of all the motor vehicle owned who have SUVs," Read said. "Motor vehicle records are considered confidential. We can’t give you any information on the number of vehicles registered in New York State or the names and addresses of motor vehicle registrants. I don't see why (gun owners) should be singled out."

NOTE: Kowalski has created a petiton for people to sign and be included with the resolution and sent to Albany. To download a PDF of the petition, click here. Download the petition, get people to sign it and then deliver it to the Old Courthouse.

To download the app to your iPhone, click here.

To download the app to your Android, click here.

The Sheriff's Office will get five new patrol vehicles in 2013 and according to Deputy Chief Gordon Dibble the new vehicles will be bigger and safer than previous patrol vehicles.

For years, Ford's Crown Victoria has been the reigning queen of police patrol vehicles, but Ford has discontinued the Crown Vic. Last year the Sheriff's Office, like Batavia PD, acquired a souped-up Ford Taurus.

This year the Sheriff's Office is opting for an all-wheel-drive utility vehicle from Ford.

"We got the sedans last year and had some issues, so we think we might be better off with the utilities this year," Dibble said. "They sit up a little higher. They're easier for the guys to get in and out of. There's more space, more room in the back, obviously more cargo space. They do better on ice, and they'll have a longer life and higher trade-in value."

The $111,480 purchase price is accounted for in the county budget and the remainder of the $13,000 budgeted will be used to equip the vehicles for patrol work. The County Highway Department will mark the vehicles, which saves the county money.

The five utility vehicles are replacing five Crown Vics, one from 2008, two from 2009 and two from 2010.

On average, the vehicles have 130,000 miles on them, but miles driven doesn't account for all the wear on the engine from hours and hours of idling (police vehicles are rarely turned off).

The new patrol units are being purchased from the lowest bidder, Delacy Ford, 3061 Transit Road, Elma.

The old vehicles generated a total of $18,300 trade-in allowance.

A 25-year-old man from Darien was pronounced dead at the scene of a two-car accident on Route 238, Town of Darien, this morning.

Timothy R. Bezczynski was pronounced dead by Coroner Kristine Flanagan.

The driver of the other car, Mary P. Dufour, 59, of Dale, was transported to ECMC by an ambulance with a fractured leg and other injuries.

A Mitsubishi Lancer driven by Bezczynski and a Chevrolet Trailblazer driven by Dufour hit head on on snow-covered Attica Road about a mile southeast of Griswold Road shortly after 6 a.m.

A deputy who arrived on scene first notified dispatchers of a possible fatality.

Darien Fire Department and Ambulance Service and Mercy EMS were dispatched. Mercy Flight was grounded due to weather.

The cause of the accident remains under investigation. Deputy Chief Gordon Dibble said that investigators have yet to determine which vehicle crossed the center line.

Bezczynski was headed eastbound and Dufour was westbound.

Both victims required extrication from their vehicles by Darien fire volunteers.

Route 238 was closed in both directions for about three hours following the accident.

Assisting in the investigation are Deputy John Weis, Deputy Lonnie Nati, Deputy Jason Saile, Deputy Eric Seppala and Sgt. Brian Frieday.

Alexander fire and Attica fire assisted with traffic control. Mercy EMS also assisted at the scene.

A person is stuck in an elevator at the VA center, 222 Richmond Ave., Batavia.

City fire is dispatched.

There is no medical emergency. People on scene are able to talk with the person in the elevator.

UPDATE 10:38 a.m.: City fire back in service.

A serious injury two-car accident is reported on Attica Road (Route 238) near Griswold. A Sheriff's deputy is on scene and Darien fire and ambulance are responding along with Mercy medics from the city.

Traffic at routes 20 and southbound 238 is being shut down. Fire police from Alexander and Wyoming County are called to assist with traffic. Mercy Flight is unavailable due to weather.

UPDATE 6:32 a.m.: Traffic police are called to Darien-Alexander Townline Road for traffic control.

UPDATE 6:34 a.m.: It's a head-on collision and members of the Crash Management Team are responding to the scene.

UPDATE 6:40 a.m.: A patient has been extricated from one of the vehicles.

UPDATE 6:44 a.m.: Darien ambulance is transporting a patient to Erie County Medical Center.

UPDATE 7:17 a.m.: All Alexander units are clearing the scene.

UPDATE 7:42 a.m.: One person was killed in this accident, according to a fire official at the scene.

UPDATE 9:03 a.m.: The road should reopen in 10 to 15 minutes. Town of Alexander Highway requested to plow and salt Route 238.

UPDATE 9:30 a.m.: Route 238 is open.

The Child Advocacy Center should have a new home by this summer.

The First Presbyterian Church has offered the center a rent-free space for the next three to five years at a house it owns on East Main Street, according to Undersheriff William Sheron.

The CAC provides children who have been sexually abused a safe place for assistance, counseling and interaction with law enforcement officials.

It operates under the auspice of Genesee Justice and the Sheriff's Office the county has been paying $1,200 a month in rent for its location on Bank Street.

The discussion about the move come up today during the county legislature's Public Service Committee meeting.

When Genesee Justice was threatened with funding cuts two years ago, it became apparent that the CAC needed to find a way to cut the rent expense.

In response, the Kiwanis Club of Batavia took up the cause of raising $150,000 to help the center get a location that it owned. So far more than $70,000 has been raised. The move to the house owned by the Presbyterian church would give supporters of the CAC more time to close the funding gap.

The Justice for Children Child Advocacy Center operates as a nonprofit organization and is supported by the county, donations and grants.

An in-kind contribution from the local Presbyterian Church would help the center fulfill matching grant requirements.

The house is located on East Main Street, between the Presbyterian church and the First Baptist Church.

The new location would give the CAC more space and be able to offer clients with different needs -- those there for counseling, say, and those for forensic interviews -- separate waiting spaces.

There is remodeling and repair work that needs to take place in the new facility and Sheron told the committee that there will likely be volunteers who do the work.

The only vote the committee took today was to approve a six-month lease on the Bank Street location, giving the CAC until June to prepare the new space.

Kelly L. Alcorn is indicted on a count of assault, 2nd. Alcorn is accused of slamming a victim against a cinder-block wall at the Darien Lake Performing Arts Center on Aug. 25. (Prior Coverage: Alcorn is a Niagara Falls police officer who was initially charged with a misdemeanor; her alleged victim pressed for upgraded charges).

Nicholas A. Antonucci is indicted on two counts of attempted grand larceny, 3rd, petit larceny and two counts of criminal mischief, 4th. Antonucci is accused of attempting to steal a 2007 Yamaha snowmobile with a value of $5,000 from a location in Alexander, and of attempting to steal a 2006 Yamaha snowmobile with a value of $4,000 from a location in Alexander, on or about Jan. 6, 2010. He is accused of stealing on the same date a backpack containing a Leatherman tool, flashlight and beer. He is accused of damaging the ignitions on the snowmobiles. (Prior Coverage)

John R. Chrisley is indicted on two counts of first-degree sexual abuse and one count of endangering the welfare of a child. Chrisley is accused of sexual contact with a child less than age 11 during the summer of 2011.

Armand P. Cummer is indicted on counts of felony DWi and felony driving with a BAC of .08. Cummer is accused of driving drunk Aug. 26 on Route 5, Town of Pembroke. Cummer is alleged to have a prior DWI conviction in 2008.

Francis S. Smith is indicted on a count of burglary, 2nd, and criminal mischief, 4th. Smith is accused of breaking into a residence on Washington Avenue, Batavia, on Jan. 1.

Franchesca Anais Barrome, 20, of Harvester Avenue, Batavia, is charged with criminal possession of stolen property. Barrome allegedly had possession of a credit card and student ID of another person that she used to make purchases at GCC. Barrome was jailed on $2,000 bail. The investigation is pending and additional charges are possible.

Cory M. Dahl, 20, of Pavilion, is charged with criminal mischief, 4th. Dahl was arrested following a report of a domestic disturbance on Dutton Road, Warsaw, on Feb. 13. Dahl is accused of damaging a rear door and a window. Dahl's 19-year-old girlfriend and infant child were reportedly at the residence at the time.

Tate N. Westermeier, 20, of Darien Center, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and driving without headlights. Westermeier was stopped by State Police Feb. 14 by State Police in the Village of Attica. Genesee County Deputy Howard Carlson, a trained drug recognition expert, assisted in the investigation.

Micahel J. Lathan, 27, of Batavia, was arrested by State Police on a Wyoming County Family Court warrant. Lathan allegedly failed to meet obligations set forth in a prior family court appearance. He was jailed on $1,000 bail.

Cameron John Corner, 18, of Vine Street, Batavia, is charged with petit larceny. Corner was arrested along with a 16-year-old West Main Street resident for allegedly shoplifting from Kmart.

Carlos Enrique Reyes, 38, of Lyell Avenue, Rochester, is charged with criminal contempt, 1st. Reyes is accused of violating a stay away order of protection by placing a phone call to the protected person.

A 17-year-old resident of East Main Street, Batavia, and a 16-year-old resident of Otis Street are charged with petit larceny. The two female youths were allegedly observed stealing wooden pallets from Empire Tractor.