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In Pavilion Town Court today, Pavilion Attorney Jamie Welch agreed that Steven Weber has complied with a requirement to remove illegally stored vehicles from his property at 11076 Lake Road.

There are still at least a dozen vehicles that need to be removed from the property of his parents, Jacob and Mary Weber, at 11256 Perry Road, Pavilion.

Because of the progress Weber has made, his attorney, Richard Sherwood, and Welch reached an agreement to delay Weber's sentencing for two weeks in order to give him more time to remove the disabled vehicles from his parent's property.

On July 9, Steven Weber entered a guilty plea to a 15-count indictment accusing him of violating the state's property maintenance code. Jacob Weber admitted to 46 such violations.

Both were scheduled to be sentenced today, but the sentencing has been postponed until Aug. 27.

In exchange for the delay, both agreed to waive their right to appeal whatever sentences they receive.

Under a prior plea agreement, Jacob Weber will not receive any jail time, but he could still be fined a maximum of $750 per violation of the code. 

Steven faces the possibility of jail time plus a $350 per-violation fine.

Jacob's fine is higher because of a prior conviction on the same charges within the past five years.

In court today, Steven disputed that there were really 15 violations on his property, saying that there were only 11 disabled, unregistered vehicles on his property. Sherwood reminded him he had already entered a guilty plea to 15 counts.

Sherwood said there are 18 remaining cars on Jacob's property that Steven owns. At least six of the vehicles are in fact licensed. Of the remaining cars, they haven't been removed because the brakes have seized and the wheels can't turn.

Sherwood said those cars will need to be jacked up and the brakes repaired or removed before the wheels will turn and the cars can be placed on flatbed trailers and hauled away.

While Welch was willing to go along with a delay in sentencing, he wasn't willing to give the Webers much credit for progress made.

"We disagree with the defendant that he has made a lot of progress," Welch said. "In March he received a letter containing all the charges and nothing was done. Several months went by with no progress. Now he tells the court the cars are in such a state of disrepair from their long storage that their wheels are seized and some of them need to be dug out of the earth. We are trying to work with Mr. Weber here. We've given him every chance. If he comes back in 14 days and there's a single violation, the court will have full discretion to sentence him up to the maximum."

When asked if he understood the terms of the extension, Steven Weber said he did, but wanted to dispute some of the statements made by Welch.

When his attorney tried to quite him, Steven said, "but it ends up in The Batavian and I don't appreciate what winds up in The Batavian."

Prior to the hearing, Weber spoke with The Batavian briefly and said the stories about his case have been inaccurate. He said his cars are not junk. He said he wasn't willing to talk further at this time.

Sherwood told Weber he will be able to tell the court anything he wants about the case at his sentencing on Aug. 27.

You've heard of ice cream trucks coming down your street, but what if that ice cream truck could also bring you Big Pauly's pizza, or a hot dog, or chips and a soda?

That's kind of the thought Victor Thomas had when he decided to start his new business, the Quick Fix Snack Shack.

It's a snack shop on wheels.

Just like an ice cream truck, Thomas rolls down residential streets playing ice cream truck music (and some modern songs sampled to sound like ice cream truck music) in the hopes you'll want a snack.

Thomas started his new business two weeks ago and has taken it through Batavia, Le Roy and Elba. When we ran into each other today, he was headed to the yogurt plants to see how he might do with the lunch crowd for the first time.

He hopes to add other food items as the business grows, including this winter, soups, hot cocoa and coffee.

Information from Le Roy Christian Community Project:

With fall just around the corner and the new school year quickly approaching, the Le Roy Christian Community Project (LCCP) needs your support!

Local businesses and citizens are asked to be a sponsor or contribute donations for our Annual Live and Silent Auction, which is set for Sept. 21. This is our largest fundraiser of the year. Donations of merchandise or gift cards are greatly appreciated.

These contributions support the children and youth of Le Roy and help them become responsible adults through the work of the LCCP. When you contribute to this event, you are not only contributing to a community organization, you are advertising your company and merchandise.

To make a contribution, contact the LCCP:

• Address -- 7 E. Main St., Le Roy 14482
• Phone -- 768-7540
• Web address -- leroychristiancommunityproject.org

The LCCP is a grassroots organization that has been serving Le Roy and its surrounding communities since 1998. We believe that children and youth are vital community assets that must be nurtured and cared for by their communities.

We offer a variety of programs for them, including an After School Program, Summer Day Camp, and a Teen Drop-In Center. These programs and activities provide a "safe haven" where children and youth can find mentoring, academic support, recreational opportunities (such as dance and theater instruction), social skill building and ways to give back to the community through service projects. The programs are offered at little or no cost to participating families.

The homeowner of property at 2044 Sumner Road reports the barn is on fire. Darien Fire Department is responding along with mutual aid from Corfu and Alexander. The location is between Harper and Walker roads, at the bottom of a hill. There is a truck inside the barn, according to the homeowner, but no hay or animals. Firefighters are told there is a creek to draw water from across from the property.

UPDATE 10:26 a.m.: The blaze is said "to be going pretty good."

UPDATE 10:37 a.m.: "We've pretty well got it knocked down." Equipment at the scene will suffice; those still heading to barn are told to proceed non-emergency.

UPDATE 10:40 a.m.: The barn fire is knocked down and they are starting overhaul.

UPDATE 10:57 a.m.: The fire is out and firefighters are picking up their equipment and preparing to leave.

UPDATE 11:09 a.m.: The assignment is back in service.

Major Michael J. Cerretto has been appointed commander of Troop A, NY State Police.

Here is a brief overveiw of his career with the State Police:

Major Michael J. Cerretto, 48, is a Navy veteran with more than 26 years of service with the New York State Police. He started his State Police career in 1987, serving as a uniform trooper in Troop E, Monroe County.

Cerretto was promoted to sergeant in 1991 and was assigned to Troop K, Westchester County. In 1992, Cerretto was transferred to Troop A where he was promoted to the position of Sergeant/Station Commander serving in Wellsville and Batavia.

In 1994, he was assigned as an Investigator with the Bureau of Criminal Investigation (BCI) to work in the Southern Tier Regional Drug Task Force. He received his promotion to Lieutenant in 1996 working as both Uniform and BCI Lieutenant in Troops A and E. He is a graduate of 190th session of the FBI National Academy, in Quantico, Va.

In March 2003, Cerretto was promoted to Captain, accepting an assignment to the Internal Affairs Bureau in Syracuse. He returned to the uniform division in 2005, taking command of the Rochester area in Troop E.

In June 2013, Cerretto returned to Troop A, as the acting Troop Commander, receiving his promotion to Major in July. He is the 22nd Troop Commander in the 96 year history of Troop A.

As Troop A Commander, Cerretto oversees the State Police patrol and investigative operations in the eight (8) counties of Western New York. Under his command will be more than 453 civilian and sworn personnel.

Photo by Howard Owens.

Joseph Andrew Hernick, 64, of Seven Springs Road, Batavia, is charged with harassment, 2nd. Hernick is accused of being verbally abusive and attempting to be physically intimidating toward a neighbor.

James A. Hancock, 44, of 318 E. Main St., Apt. 6, Batavia, is charged with aggravated criminal contempt. Hancock allegedly violated an order of protection while having a prior criminal contempt conviction within five years.

Patrick O. Spikes, 32, of 16 Hutchins Place, Batavia, is charged with criminal mischief, 3rd. Spikes is accused of damaging property of another person valued at more than $250 during an alleged incident on Holland Avenue at 2:30 a.m., Saturday.

Keluan B. Williams, 24, of 109 Summit St., Apt. 2, Batavia, is charged with acting in a manner injurious to a child less than 17 years old. The alleged incident was reported at 3:30 p.m., Saturday. No further details released.

Danny D. Williams, 24, of 18 East Ave., upper, Batavia, is charged with aggravated unlicensed operation and consuming alcohol in a motor vehicle on a public highway. Williams was allegedly found driving at 6:54 p.m. Saturday on Hutchins Place by Officer Chad Richards. At the time of the traffic stop, Williams allegedly had an open can of Natural Light beer in the driver's side cup holder.

Brandi A. Watts, 32, of Indian Falls Road, Corfu, is was arrested on a warrant yesterday following a court appearance on an unrelated matter. Watts is accused of failure to pay a fine on an overnight parking ticket in the City of Batavia.

Eric Alexander Ion, 40, of Brant Road, Brant, was arrested on bench warrants related to charges of criminal contempt, 1st, and assault, 3rd. Ion is accused of failing to appear on these charges. Ion is currently being held on bail in the Genesee County Jail on matters in Family Court.

Faith Brenda Obeirne, 45, of Mt. Read Boulevard, Rochester, was arrested on warrants for alleged petit larceny and criminal possession of a controlled substance. Obeirne was arrested by Rochester PD and turned over to the Sheriff's Office. Obeirne was jailed on $1,000 bail.

Conor Patrick Wilkes, 25, of Lewiston Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Wilkes was stopped at 1:31 a.m. Saturday on Veterans Memorial Drive, Batavia, by Deputy Patrick Reeves.

Justin Joseph Caryl, 26, of Maple Street, Batavia, is charged with petit larceny. Caryl is accused of stealing $25.94 in merchandise from Walmart.

Jake Philip Myers, 23, of Maple Avenue, Oakfield, is charged with DWI, driving with a BAC of .08, failure to keep right and no or inadequate headlights. Myers was stopped at 1:48 a.m. Saturday on Edgerton Road, Elba, by Deputy Joseph Corona.

Evelio Rodriguez-Santiago, 46, of Bergen, is charged with petit larceny. Rodriguez-Santiago is accused of stealing an item of value at a location on Church Street, Bergen, at 6:15 p.m., Saturday. Rodriguez-Santiago was arrested by State Police. No further details released.

Timothy J. Poblocki, 24, of East Bethany, is charged with DWI and driving with a BAC of .08 or greater. Poblocki was stopped at 1:45 p.m. Sunday on Route 20, Alexander, by State Police.

Jennifer N. Bujnowski, 39, of Batavia, is charged with petit larceny. Bujnowski is accused of shoplifting at Walmart.

Stacy McCarthy shared these photos she took in her yard yesterday of pollen-covered bees going about their business.

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An ongoing dispute between property owners in Le Roy reportedly became physical this morning and one of the neighbors, Stephen R. Barbeau, the Town of Le Roy supervisor, was arrested by Le Roy PD.

Barbeau, 55, of 9 Filmore St., Le Roy, is charged with harassment, 2nd.

According Barbeau's neighbor, Pete McQuillen, Barbeau was upset because a tree on McQuillen's property fell and Barbeau believed a portion of the tree came down onto his property.

"He bull rushed me and blew me back into some stumps we'd already cut," McQuillen said.

McQuillen suffered a minor sprained shoulder and he said he will see an orthopedic specialist tomorrow about neck pain.

Barbeau said that this was the third time one of McQuillen's trees has fallen onto his property. One time, he said, the tree damaged his house. This morning when it happened again, he went onto McQuillen's property.

"It was quite heated," Barbeau said. "He got heated right back. I pushed him with my hands open on his chest and he fell to the ground."

It was Barbeau's wife who called the police, Barbeau said.

Harassment in the second degree is a violation (in other words, it's not as high as a misdemeanor).

McQuillen and Barbeau live nearby each other, but the ongoing dispute involves property McQuillen owns that is adjacent to Barbeau's. 

McQuillen had plans to build 26 single-family homes for people 55 and over on the property.

After McQuillen believed he won the right to move forward with the development, Barbeau joined in a lawsuit with neighbor David S. Boyce against the town planning board claiming the development was not properly approved. The suit eventually lead to McQuillen's plans being scuttled.

McQuillen is now building other structures on the property and that's another point of contention. McQuillen said he's doing everything within code. Barbeau said he is not.

Barbeau also accused McQuillen of storing junk on the propety and clearing away brush and trees that destroy any privacy barrier.

"He's never met a tree he doesn't like to take down," Barbeau said.

Barbeau was arraigned in Town of Le Roy Court and released on his own recognizance. Town Justice Daryl Sehm also signed an order of protection.

A Batavia man is facing 8 to 16 years in prison after guilty pleas this morning in Genesee County Court to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

Samuel G. Malone, 27, who lived on Walnut Street, but said in court this morning that he's now living at a rehab facility, was originally indicted on the attempted burglary charge as a "John Doe," because all investigators had was DNA evidence.

After Malone was convicted on a felony in another county, police were able to match his DNA to blood found on a broken window at 112 Ellicott St., Batavia, which was then the Ponderosa Steakhouse.

There was no apparent entry at the Ponderosa location and nothing was reported stolen.

But there were other burglaries in 2008, such as Clor's Meat Market, then on Pearl Street in the city, that investigators were able to link to Malone.

Malone will be sentenced Nov. 7.

The following people were arrested during the Uproar Festival at Darien Lake Performing Arts Center on Sunday.

Zachary T. Pabst, 19, Ryan Street, Buffalo, is charged with DWAI drugs and unlawful possession of marijuana after allegedly operating a motor vehicle entering the concert parking lot while under the influence of a drug. He was also found in possession of marijuana.

Louis R. Lopez, 18, Williams Street, Cheektowaga, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Hannah J. Eisenbaum, 19, Oak Wood Avenue, East Aurora, is charged with unlawful possession of marijuana and possession of alcohol under age 21 after allegedly being found in possession of marijuana and alcohol being under age 21.

Koree A. Hubbard, 19, Wellington Drive, Derby, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Emily M. Bartlett, 20, Cambier Road, Newark, is charged with criminal possession of a weapon, 4th, unlawful possession of marijuana and possession of alcohol under age 21 after allegedly being found in possession of a metal knuckle knife, marijuana and alcohol being under age 21.

Alexis J. Keller, 20, Hydesville Road, Newark, is charged with unlawful possession of marijuana and possession of alcohol under age 21 after allegedly being found in possession of marijuana and alcohol being under age 21.

Glenn M. Shaw, 23, Meadow Drive Alden, is charged with disorderly conduct after allegedly pushing a deputy while being escorted from the venue.

James M. Anderson, 21, Haines Street, Kane, Pa., is charged with trespass after allegedly jumping a fence into the concert venue.

John T. Polak, 29, South Western Blvd., Hamburg, is charged with trespass after attempting to reentering the concert venue after being previously ejected and told not to return.

The following people were cited for alleged possession/consumption of alcohol under age 21.

Justin A. Russell, 20, Fredericka Street, North Tondawanda
David A. Daugherty, 20, Maida Drive, Spencerport

The turnout for the Uproar Festival at Darien Lake Performing Arts Center was moderate -- something over 6,000 paying customers, but those who did make their way to the venue surely weren't disappointed. There was plenty of quality music for the punk/grunge/heavy rock fan.

There were also activities and merchant booths to amuse concertgoers between acts.

While some might think all the of the action was on the main stage, the secondary change may actually have been more entertaining. The bands there were Cry to the Blind, the Chuck Shaffer Picture Show, Dead Daisies, Middle Class Rut, New Politics and Walking Papers.

The Dead Daises are an interesting act -- kind of a super group, though most fans would readily recognize the names of band members, they've all performed on hit records. The Dead Daisies are billed on the band's Web site as a project of former Guns and Roses guitarist Slash, but performing on lead guitar in Darien on Sunday was Richard Fortus, who has also taken on lead guitar duties with Guns and Roses.

Walking Papers was another experienced, tight band that knows how to put on a live show.

Definately in the up-and-coming category is the Chuck Shaffer Picture Show. 

New Politics was entertaining, to say the least, and has a bit of an old-school British Punk vibe to their music.

On the main stage there was Circa Survive, Coheed & Cambria, Jane's Addiction and Alice in Chains.

Great performances all the way around, of course, but it was something special to see Dave Navarro (guitarist, Jane's Addiction, top photo) perform live.

You won't see photos of Alice in Chains here. The band's management insists on pre-publication approval of photos. I won't sign such an agreement. My deal is, I won't tell you what songs to play and you don't tell me what photos to shoot.

Perry Farrell, Jane's Addiction.

Adam Gilbert, drummer with the Chuck Shaffer Picture show.

Richard Fortus, lead guitar, Dead Daisies.

Middle Class Rut

Søren Hansen, guitarist, New Politics.

Anthony Green, Circa Survive.

Claudio Sanchez, Coheed & Cambria.

Claudio Sanchez, Coheed & Cambria.

Active duty service members Kyle A. Shrum and Nicole L. Woodard were married Saturday in Oakfield's Memorial Park.

Nicole's grandmother Bonnie Gendron said it's the first wedding held in the park.

The couple met at the Army's Fort Gordon in Augusta, Ga., and Kyle, 19, is from VanBuren, Ark., and Nicole, 19, is from Oakfield.

UPDATE: Melissa Baker says that there was at least one more wedding in Memorial Park before this one.  That was the wedding of her sister, Tiffany Reynolds and Koree McAlister. McAllister is an active Marine and both are from Oakfield. They were married last summer in Memorial Park.

Wedding photo by Heartmade Photography. Photos and information submitted by Bonnie Gendron.

The first time I saw a house finch I thought I was looking at a sparrow/cardinal hybrid. Like many song birds, this one perched in our apple tree no doubt looking for insects.

Having spotted me, he immediately took what he felt was appropriate action............

As I understand it, this bit of displaying is something birds do to mark their territory to intruders or in hopes of attracting a mate.

Here's a literal bird's eye view of a visitor whose incessant squawking often gives him away long before he comes into view...........

unlike other songbirds, the noisy Bluejay didn't come here in seach of bugs. The apple tree is lush this year and no doubt he's here to gorge himself on fresh fruit. He must have been hungry -- despite my close proximity, he refused to leave.

For the past couple of weeks this little songster had been singing its heart out, while hidden amid the apple tree foliage. Its song was pleasant, and a sound I either had not heard before or perhaps just hadn't been mindful of. Try as we might, Claudia and I were unable to get a look as it flitted from branch to branch. If we attempted to move in for a closer it would fly off into an adjoining woodlot.  

As I took its picture it began belting out the same melody we had been hearing previously....... the closest resembling photo I could find in either the Smithsonian or Audubon field guides indicated it might be a Veery thrush. Still not certain, but its sound was most pleasing to the ears.    

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Frances McClellan, the 81-year-old driver who reportedly pulled in front of a bus last Wednesday in Darien, succombed on Thursday to critical injuries suffered in the crash, according to State Police.

She was being treated for head trauma at Erie County Medical Center, where she was taken by Mercy Flight following the acccident on Route 20 at Tinkham Road.

The sole passenger on the bus, Stephen Smith, 58, of Bath, suffered a minor leg injury and was treated at the scene. Bus driver Jeremy Hill, 34, of Bath, was not injured.

A motorcyclist has crashed and is injured at 7162 Lyman Road in Bergen. Mercy medics and Bergen fire are responding. The location is between West Bergen and Beaver Meadows roads.

UPDATE 11:13 a.m.: The rider of the black Suzuki is a male who is conscious and alert but has numerous scrapes and scratches to his head and legs.

UPDATE 11:18 a.m.: One of the lanes of traffic is blocked.

UPDATE 11:36 p.m.: The patient is being transported to Strong Memorial Hospital. Someone is coming to remove the motorcycle from the roadway. The Bergen assignment is back in service.

John Bisig took this nighttime photo of the Elba Onion Festival around 8:30 while flying over in his powered parachute on Saturday.