For nearly five hours today, State Police commanders figured time was on their side after receiving a report that would-be burglars were still inside a residence on Shepard Road in Pavilion.

A neighbor saw an older tan minivan pull into the driveway of the residence and two men got out and appeared to enter the house. The minivan then left.

Trooper John Szymkowiak arrived on scene within minutes of the initial report and a witness told him that the men he'd seen enter the house hadn't left.

Szymkowiak, who was dispatched just before noon, immediately called for backup and requested assistance to establish a perimeter around the house. He also requested an investigator from the Batavia Barracks and a K-9 to the scene.

State Police were assisted by the Livingston County Sheriff's Office and the uniformed and plain clothes members of the Genesee County Sheriff's Office. Deputies also set up road blocks on both ends of Shepard Road for a couple of hours and patrolled the area looking for the minivan.

With all the necessary support in place, State Police commanders took a very deliberate approach to determining whether the suspects were still inside.

"Once we have a perimeter set up, we know nobody is going to leave at that point," said State Police Lt. Kurt Schmidt. "Apparently they got out before we set up, but you can never help that. We set up a quick perimeter, so we're sure at that point that the house is ours. There's only a very few things that would make us want to hurry and none of those were present today."

The first step in the deliberate process of determining whether suspects were inside was to deploy a robot from the Livingston County Sheriff's Office. That robot, equipped with a camera, checked all around the house looking for any evidence of entry or exit.

Next, the robot unit from the State Police arrived on scene. So two robots were deployed. One was equipped with a key to the entry door from the garage. The other was used to drop a steel block in place to hold the door open once it was unlocked.

The robots then entered the house and began a room-by-room check of most of the downstairs.

With the owner watching a television over the shoulder of one of the robot operators, he could see that a TV was missing, drawers and been opened and other items were missing from their proper locations.

At that point, with confirmation that burglars had entered the house, Schmidt said the operation took an even more methodical approach to ensure no suspects were inside.

"We have technology and we're not in any big hurry," Schmidt said. "We have a visual on all sides. We have robots that go inside, so no troopers are in any danger. That takes time and you get kind of tired waiting around, but it's worth it because we don't want to take a risk."

As time dragged on, State Police began to increasingly believe the structure was empty, so members of the other agencies began to peel away and go back in service.

The robots continued to search the house and its operators told to any possible suspects inside that the robot was from the State Police and that K-9s would be sent into the house if they didn't surrender.

A door was closed to one downstairs room and a robot was positioned there, so if suspects were inside they wouldn't be able to open the door.

About this time, a man who had been found wandering down Transit Road was brought to the scene. The Rochester resident couldn't explain why he was in Pavilion, according to police, so he was taken into custody and transported to the Batavia Barracks for questioning.

"The person we're speaking to now stated he was never at this house," Schmidt said. "We believe he was, but we don't have any evidence to say he was, so he's not giving us anything -- as far as anybody else who might have been around."

The person being questioned is black. A witness could describe the skin color of the men who entered the house, but believed they were wearing colorful clothes.

The suspect vehicle is described as an older tan minivan, which was last seen on Transit Road.

After the suspicious person was taken into custody, the State Police helicopter was dispatched to conduct a search of the area.

Once the robots had searched the house a bit, Schmidt said police felt there was little chance the suspects were still inside, but as a matter of continued caution, K-9s on long leashes were sent in first.

It took about 20 minutes for troopers to clear the house and confirm the suspects were no longer inside.

It appeared that most, if not all, of the homeowner's belongings that the burglars intended to steal were stacked by the front door, waiting for the minivan to return for loading, but Szymkowiak had arrived on scene before that could happen.

Schmidt said troopers take crimes such as this seriously and do everything they can to bring the culprits to justice.

"For burglary in progress, I don't know the term, I guess, it's a hot call," Schmidt said. "That's somebody's home and it's broad daylight. None of the residents were at home, but it's a sensitive issue. Your home is your castle and somebody is entering that right during broad daylight so that gets our attention. We hope we can catch them. We hope to catch them today."

At 7:15 p.m., the helicopter was still searching the area and troopers and investigators were still on scene.

UPDATE 8:06 p.m.: A suspect law enforcement was looking for is now in custody. They had been looking in the area of Sparks, Shepard and Transit roads. They learned that a Hispanic male went to a couple of residences and asked to use the phone. One of the residents tried to keep the suspect in sight. The man asked for directions to Texaco Town.

The National Weather Service in Buffalo has issued a flood watch for Thursday through Friday afternoon.

Areas of heavy rain will spread across Western and North Central New York during that time, bringing total rainfall amounts between one and two inches. There is a potential for higher amounts locally, which could result in flooding, according to the weather service.

Rivers and creeks may continue to rise several hours after the heaviest rain has ended. There will be some ponding of water on roadways, especially in typically vulnerable low-lying areas. Locally, heavier amounts are possible in some locations, which could result in stream and small creek flooding as well as more widespread urban flooding issues.

A flood watch means there is a potential for flooding based on current forecasts. You should monitor later forecasts and be alert for possible flood warning. Those living in areas prone to flooding should be prepared to take action should flooding develop.

The YWCA YES! Cafe will feature a Salute to Veterans lunch at noon on July 10th with guest host Assemblyman Steve Hawley, who will talk about his annual trip to Washington, D.C.

Veterans and those currently serving in the Armed Forces will have the opportunity to share their stories during Wednesday's lunchtime program.

The menu will feature: Grilled hotdogs and burgers, a salad bar, baked beans, and apple pie. Cost is $10. Reserve your seat now! Call 343-5808.

The YWCA YES! Cafe is located at 301 North St. in the City of Batavia.

Shortly before noon today residents on Shepard Road in Pavilion saw a light-colored minivan pull up to a neigbor's house. Witnesses said two men got out of the vehicle and knocked on the front door, then went around to the back of the house and the van drove away.

The neighbors called law enforcement and when State Troopers arrived, witnesses told them that they believed the two men entered the house and might still be inside. State Police and Sheriff's deputies from Genesee and Livingston counties responded to the scene.

A robot was deployed to check the interior of the house and with the help of the homeowner, intestigators determined someone had been in the house and items were missing.

A man from Rochester was located about an hour ago walking on Transit Road and is now in custody. It's unconfirmed whether he's connected to the case. A State Police helicopter has been deployed to search the area. State Police are still on scene.

A couple of minutes ago, Mercy medics were called non-emergency to stage in the area of Transit and Shepard roads to possibly assist the police.

(Howard is there and will have more complete coverage later.)

UPDATE 4:32 p.m.: The State Police entered the house found no one inside, thus clearing the scene. It appears the burglars were thwarted in their crime, leaving items taken from the house piled by the front door.

Tim Yaeger, coordinator of Genesee County Emergency Services, reminded us that this is Lightning Safety Awareness Week and notes that the National Weather Service has updated its Lightning Safety page <http://www.lightningsafety.noaa.gov/>

The page contains not only information about lightning safety, but the science of lightning, the health effect on victims, download-able posters and brochures, and much more.

There have already been seven lightning fatalities this year.

<http://www.lightningsafety.noaa.gov/fatalities.htm>

In Western New York, there have been 32 documented injuries by lightning since 1996. Monroe, Niagara and Erie counties have each seen seven injuries; three injuries each in Ontario and Cayuga counties; two injuries in Cattaraugus County; and one injury in Wyoming, Livingston and Chautauqua counties.

An investigation into what was initially reported as a possible hostage sitation on Highland Park, Batavia, yesterday has led to the arrest of two men on criminal charges.

Carl I. Sherman, 34, of Rochester is charged with menacing, 2nd, a misdemeanor, and Jason P. Sherman, 35, of Batavia, is charged with strangulation, 2nd, and assault, 2nd, both felonies.

Carl was jailed on $5,000 bail and Jason was ordered held without bail.

The incident that brought police to Highland Park was reported around 1 p.m.

When Sgt. Dan Coffey arrived on scene, he was informed that a woman was possibly being held against her will by a person with a weapon inside a residence at 12 Highland Park.

Witnesses reported seeing a person with a handgun and that another male was carrying a baseball bat to use as a possible weapon.

A woman inside the residence was reportedly providing this information to a third party outside the residence.

Coffey called for backup and reported the possible hostage situation. Uniformed and plain clothes members of the Batavia PD and Sheriff's Office, along with State Police responded.

Nearby residents were asked to either shelter in place or congregate in the St. Anthony's parking lot for their own safety.

After nearly an hour, four people came out of the residence without incident and surrendered to police.

All four people were interviewed by investigators.

It's alleged that Jason was involved in a domestic incident Sunday with a woman at the residence and she sustained a fractured wrist and broken bone in her neck.

Yesterday, Jason's brother, Carl, allegedly went to the residence and threatened the woman with a baseball bat during an argument.

Police have not released details on whether a firearm was used or if one was found at the location. No firearm was located following an extensive search of the house.

No arrest had been made in Sunday's alleged incident because it was still under investigation at the time of yesterday's events, said Chief Shawn Heubusch.

After the four people were taken from the scene, a State Police robot was deployed to search the residence and then the residence was cleared by the Emergency Response Team to ensure no other people were hiding inside.

The Batavia Fire Department also assisted at the scene, and Mercy EMS was on standby.

Previously:

• Police respond to hostage situation on Highland Park
• Four people being questioned after possible hostage situation on Highland Park

Three people are being accused of selling cocaine in Genesee and Orleans counties following a lengthy joint investigation by law enforcement in both jurisdictions.

A search warrant was executed yesterday at a location on Hundredmark Road, Elba, and investigators said they found cocaine and drug paraphernalia.

The suspects are suspected of selling cocaine at the residence.

Arrested where:

• Edgardo Aponte, 41, of Hundredmark Road, Elba, charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, criminally using drug paraphernalia, 2nd, criminal nuisance, 1st, and tampering with physical evidence.
• Sonia E. Aponte, 32, of Hundredmark Road, Elba, charged with criminal possession of a controlled substance, 3rd, criminal possesion of a controlled substance, 4th, criminally using drug paraphernalia, 2nd, and criminal nuisance, 1st.
• Jeremy S. Yantz, 32, of Washington Avenue, Batavia, is charged with four counts of criminal sale of a controlled substance, 3rd.

Edgardo Aponte was arraigned in Elba Town Court and jailed on $50,000 bail. Sonia Aponte was released under supervision of Genesee Justice. Yantz was arraigned in Town of Albion Court and jailed in Orleans County on $25,000 bail.

The five-month investigation was a joint operation by the Genesee County Local Drug Enforcement Task Force and the Orleans County Major Felony Crimes Task Force.

The Batavia PD Emergency Response Team assisted in the execution of the search warrant along with uniformed deputies, officers with Homeland Security and Rochester PD's K-9 unit.

The District Attorney's Office also assisted in the investigation.

From being a middle school teacher, to being a County Coroner for Genesee County, to being a Sheriff’s deputy, Vern Falcone, a native of Le Roy, has had a long and diverse career.

“While I was training to become a Sheriff’s deputy, I met a fellow deputy who was also a funeral director. That got me interested in it, so I went to school, got my license and worked part-time in a funeral home in Le Roy, while also working as a full-time Sheriff’s deputy," Falcone said. “I like working with people and I’m good at dealing with people, as well as helping families in difficult situations.”

When Vern retired in 2007, after 22 years with the Sheriff's Office, he became a full-time funeral director in Le Roy. In April of this year, Falcone opened Falcone Family Funeral & Cremation Service, Inc., at 8700 Lake Road, Le Roy.

Falcone is a tall, soft-spoken man with a calm demeanor, quite suitable for a career in the funeral business.

He had the brand-new facility built to resemble a home. He and his wife, Debra, did the painting, decorating and landscaping.

“If we knew anything about construction, we would have built it ourselves”, Falcone said with a laugh. “We wanted a new and up-to-date building, with a relaxing family atmosphere."

There is a fireplace to greet you when you enter, along with a cozy living room.

“I tried to create a relaxing atmosphere, like being in your own home," Falcone said.

There are soft colors and low lights, with music playing in background.

“I wanted to get away from the traditional funeral home look and make the facility feel more comfortable,” Falcone said. “I want people to walk in and feel at home in a difficult situation. I want their experience here to be as easy and comfortable as possible."

“We built a children’s room for children to play in while adults are focusing on grieving. They don’t need to worry about children being underfoot," Falcone said.

There are large screens to display video memorials in the grieving room. The room seats 125 people comfortably, with room for overflow. The room can also be divided in half to accommodate more intimate gatherings.

“I am very accommodating to people and I am happy to meet them at different hours, or even go to their home for a meeting," he said. "This is a service-oriented business and I am here to provide service to our guests. I don’t like answering services, so I always answer the phone myself and it will either be myself, or Debra, who greets visitors at the door."

The couple’s two daughters also help with the business and his oldest daughter is currently going to school to become a funeral director herself.

“I anticipate that this will be a self-supporting family business and we appreciate the support we’ve gotten from the community," Falcone said.

If you have questions or would like a personal tour of the facility, call Vern Falcone at 585-768-2400.

Press release:

The City Water Department has been notified by the Genesee Valley Railroad that it will be conducting a test of its fire suppression system for the transfer station located on Mill Street on Thursday June 27th at approximately 10 a.m. Residents should be aware that this test may cause a temporary discoloration of the water in the general vicinity of Evans and Walnut streets. Residents should avoid doing laundry until the water clarity has returned to normal.

Work crews are scheduled to pave South Swan Street and Vernon Avenue between 7 a.m. and 7 p.m., Thursday.

Residents are asked not to park on the road.

Residents will have limited access to their properties during paving operations.

Paving will begin on South Swan and then move to Vernon.

All other traffic is asked to avoid these streets Thursday.

The state's red "SEIZED" signs are out of the windows at Molasses Hill Bulk Foods on Ellicott Street in Batavia and a new sign is taped to the front door: "Closed til 9:00 AM Wed 6/26."

Previously: Molasses Hill closed, seized by state

Over the past several years, the Village of Corfu has hired police officers without the Board of Trustees ratifying the new hires.

The apparent oversight came up during a discussion Monday night of Mayor Ralph Peterson hiring two part-time police officers.

Peterson acknowledge that he hired the officers. He said the village department will need more manpower in July because Darien Lake has a packed concert schedule for the month.

Mark Boylan, attorney for the village, said that in the past week it's come to his attention the police officers hired in recent years were hired without being properly ratified by a vote of the trustees.

Those past hires without board approval do not justify new hires by Peterson without board authorization, Boylan said.

Trustees expressed concern that the two new officers were hired without interviews, filling out an application form or passing a background check.

Village resident Greg Lang said he saw the two new officers working on Sunday and Officer Gene Nati said he worked with one of the officers on Sunday.

Before the end of the meeting, the trustees agreed that seven officers had been hired without proper board authorization and passed a resolution authorizing all seven hires.

Peterson is expected to interview the two new officers and ask that the board ratify their employment at a future board meeting.

Trustee Art Ianni expressed frustration that Peterson hired two officers -- an expenditure of $5,000 or $6,000 -- without board discussion.

"Can't we have a little discussion here?" Ianni asked.

Peterson said the new hires were within budget.

Lang accused Peterson of trying ram through the hires and once again being "dictatorial."

"Don't say I've got to stop talking," Lang said. "I'm a taxpayer in this community. One of the highest taxpayers in this community and this is ridiculous. What's going on, Rosie? You keep just going and going and going. What's going to be the next meeting, Rosie? I can't stand it any more, sitting here looking at this. It's absolutely ridiculous."

The meeting started with an update on the joint Pembroke-Corfu sewer project.

Bids have been received from contractors and the cost of Corfu's part of the project will run $750,000 more than budgeted. 

Both Corfu and Pembroke have received Department of Environmental Conservation grants for the project -- for Corfu, grants to help pay for upgrades to the sewer treatment plant and for Pembroke grants to help pay for transmission lines.

The state favors the project moving forward as a joint facility because of the potential economic development in the area, which is why the Genesee County Economic Development Center is putting in more than $800,000 into the project.

Bids for Pembroke's share the project are approximately $750,000 less than budgeted, so if the DEC and Comptroller's Office will approve the transfer, some of Pembroke's grant money will go to Corfu, plus a portion of the money pledged by GCEDC will help offset the higher-than-anticipated bids.

As part of the deal, rate payers in Pembroke's sewer district will pay 3 percent less than the rate originally set. The decrease will mean that both Corfu and Pembroke rate payers will pay $6.24 per thousand gallons of sewage.

The issue of Peterson trying to get former Trustee Al Graham banned from the sewer treatment plant was also discussed.

Peterson said he had an agreement with the owner of Camden Group, Graham's employer and contractor that runs the sewer plant, that Graham be barred from the facility.

Trustees were unanimous in telling Peterson that they thought Graham should be allowed on the property and that his expertise would be necessary during the sewer project.

Peterson said it's always been his position that if Trustee David Bielec, who is the trustee in charge of overseeing the sewer project, wanted Graham involved, than Graham could have access to the sewer property.

Bielec said he did want Graham to participate.

The board also voted 3-0, with Peterson and Trustee Keith Busch abstaining, to authorize Boylan to take legal action to recover more than $10,000 in alleged missing funds from former village justice Robert Alexander.

Peterson tried to question whether it's been proven that the funds are missing. Boylan said the village has a Comptroller's audit showing the funds are missing. He said that by law, Alexander is obligated to pay the village back for the missing funds, regardless of how the funds went missing.

Busch said he abstained because he wasn't a trustee at the time the missing funds issue first surfaced.

Peterson wasn't going to vote at all on the motion -- until goaded by village residents in attendance to say what his vote was.

Top photo: Trustee Ianni with Peterson, while Ianni complains about the lack of discussion for hiring two new police officers.

Genesee County's unemployment rate for May 2013 is the lowest it's been in 57 months, according to data released today by the NYS Department of Labor.

At 6.2 percent, it hasn't been lower since Dec. 2008, when the rate was 5.6 percent.

The previous month, April, Genesee County's rate was reported at 7.1 and a year ago May it was reported at 7.4 percent.

In the prior 18 months, the county's unemployment rate dipped below 7 percent only once.

The lowest rate for the county since the turn of the century was 3.2 percent in October 2000.

The state's unemployment rate is said to be 7.4 percent, down from a year ago but up 1/10th of a percent since April 2013.

The nation's rate is 7.3 percent.

Orleans County is 8.4 percent, Wyoming 7.1 and Livingston 7.1.

The Rochester area's rate is reported at 7.0 and Buffalo at 7.3.

Chelsea Darnley Emondt-Fauel is missing.

The young teenager from Batavia has gone missing before and is believed to be a runaway, but authorities are concerned about her safety and ask that anybody with information contact local law enforcement.

Chelsea was last seen on Dewey Avenue, Batavia, yesterday. She could still be in the area. She could have travelled to the Riverside area of Buffalo or to Niagara Falls.

The 13-year-old has brown hair and eyes, is 5'6" and 145 lbs.

If you have information that could assist Batavia PD in locating Chelsea, please call (585) 345-6350.

The Genesee County Conservative Party released their endorsements for November's election.

Lawrence Friedman, Genesee County District Attorney
Gregg H. Torrey, Genesee County Legislature Dist 6 (Alexander, Bethany, Pavilion)
Frank C. Ferrando Jr., Genesee County Legislature Dist 7 (Batavia, Wards 1 & 6)
Marianne Clattenburg, Genesee County Legislature Dist 8 (Batavia, Wards 2 & 3)
F. Robert Bialkowski, Genesee County Legislature Dist 9 (Batavia, Wards 4 & 5)
Peter N. Yasses, Town of Byron, Supervisor
Debra M. Buck-Leaton, Town of Byron, Town Clerk
Suzanne J. Fuller, Town of Byron, Town Council
Andrew J. Wormuth, Town of Elba, Supervisor
Walter Kershenski, Town of Stafford, Town Clerk
Robert W. Mattice, Town of Stafford, Town Council
Steven B. Boldt, Town of Stafford, Superintendent of Highways
John Deleo, Batavia City Council at Large
Brooks M. Hawley, Batavia City Council at Large
Eugene A. Jankowski Jr., Batavia City Council at Large          

An accident with injuries is reported in front of the Arby's restaurant on West Main Street in the City of Batavia. City firefighters and Mercy medics are on location.

UPDATE 5:18 p.m.: The city fire assignment is back in service and Mercy medics will handle the sign-offs for the three people involved.

UPDATE 5:20 p.m.: The Mercy unit is back in service.

Four people are being questioned by police in connection with an incident at 12 Highland Park this afternoon that was initially reported by a third party to police as a hostage situation.

Sgt. Dan Coffey responded to the call first and an area resident reportedly told him that one or more people in the residence might have a gun.

Coffey called for backup and officers arrived within minutes from Batavia PD, the State Police and the Sheriff's Office. The Emergency Response Team was also activated and State Police responded with a K-9 and a robot.

Nearby residents were asked to either shelter in place or wait near the Ascension Parish / St. Anthony's parking lot off Central Avenue.

Highland was closed between Pringle Avenue and Jackson Street.

"Obviously the information that was given to Sgt. Coffey when he arrived (was) the situation was serious in nature," Chief Shawn Heubusch said. "We take as much caution as possible when we respond to a situation. There was information given to him that there was a hostage situation or weapons involved so we're going to get everybody here we can to get this locked down as safely as possible."

No arrests have been made yet and Heubusch said investigators are trying to sort out who did what and who, if anybody, was a hostage.

The situation ended peacefully shortly after most of the law enforcement response was in place.

A man in a black tank top came out onto the porch smoking a cigarette and walked down the stairs and looked around. A woman was behind him dressed in a pink tank top.

He went back into the house only to reemerge minutes later. Apparently under instructions from law enforcement, he put his hands in the air and then laid down flat on the ground. The woman then came and laid down next to him.

The man was then instructed to stand with his hands in the air, and back up to a position down the street where a Batavia detective was waiting to take him into custody.

The woman was then placed in cuffs in a similar fashion.

Minutes later, two more people came out of the residence, a woman first and then a man. Law enforcement then closed in and the man was immediately cuffed. The woman laid down on the ground, but did not appear to be cuffed.

The individuals reportedly told police that there was nobody else in the house, but as a precaution the police robot was sent inside, then the ERT team entered to ensure everyone was out.

Heubusch said depositions were being taken from all four people so investigators could try and determine exactly what happened.

He said more information would be released this evening or in the morning.

Batavia Police, detectives, Sheriff's deputies, medics and firefighters responded to a hostage situation on Highland Park about a half hour ago. Four people are now in custody. No one else is believed to be inside the lower apartment where the incident took place.

The first report indicated a person reportedly entered an apartment with a baseball bat and subesquently police shut down traffic at Pringle Avenue and Highland Park, and at Jackson Street and Highland, as well as Central Avenue.

UPDATE 2:25 p.m.: The perimeter is being opened. However, pedestrians and bystanders are still being kept at bay for the time being. Mercy medics are back in service.

Photo courtesy of WBTA

More T/K

Molasses Hill Bulk Foods on Ellicott Street, Batavia, is closed after the store was seized by an agent of NYS Taxation and Finance this morning.

Neal Harder, husband of owner Shannon Harder, said he and his wife are trying to negotiate with Taxation and Finance to be able to reopen today with an agreement to pay taxes owed by July 15.

He said he felt the sudden closure was the result of a disagreement between his wife and the agent.