BATAVIA, NY -- The gulls roosting atop Latina's may be noisy, stinky and prone to poop on anything and everything, but they are not a public health hazard, according to the County Board of Health.

Board President Mary J. McJury notified BID Director Don Burkel of the board's finding in a July 7 letter.

"Although the Board of Health empathizes with the current situation, it was the board's determination, following careful review of the investigation, that this situation does not constitute a public health nuisance."

The Latina's building was condemned last week by the city for allegedly unsanitary conditions.

LKLWL Properties, the building's owner, has been summoned to City Court on July 23 to answer a complaint by the city that the company has failed to deal with unsanitary conditions on the property.

In her letter, McJury notes that the Herring Gulls are attracted to the Latina's roof because it is flat, warm and protected from harassment and predation.

"It is a short flight for them to feeding opportunities in the agricultural land surrounding the city," she wrote. "They are omnivores and eat anything from garbage to berries."

She said the actual issue with the property appears "to be property maintenance and aesthetic in nature."

She notes that the New York Department of Health issued a report finding no negative human health issues associated with Herring Gull populations.

Also, to date, there have been no reports of illnesses related to Batavia's gull infestation.

There's more than a property line that separate Ron Graziaplena and Cheryl Collins. There's 30 years of neighbor disputes, and now that Collins wants to sell her property and move away, she's even more concerned about what Graziaplena does outside his house.

Graziaplena, a former truck driver, builds things in his front yard, has a row of tomato boxes along his driveway, a boat parked on the grass of the north side of his house, and he's keeping 18 mallard ducks in his back yard.

"My home is assessed at $80,000," Collins said. "The last real estate agent I had over said I probably couldn't get $50,000 for it."

The dispute will land Graziaplena in City Court on July 23. He is accused by city inspectors of keeping his yard full of debris, trash and junk, and of keeping the ducks in unsanitary conditions.

On April 26, 2001, Graziaplena was granted a variance to keep 10 water fowl on his property. He is allegedly in violation of the variance. The city says he has 19 ducks. Graziaplena says he has 18.

The variance, reportedly, also doesn't allow mallards.

Graziaplena said he's kept dozens of different varieties of ducks over the years, and that he wasn't aware the variance allowed only certain breeds of ducks, and besides, what's the difference?

"They’re pets," Graziaplena said. "People have dogs and cats. I have ducks. I ‘ve always been fond of ducks and geese -- waterfowl."

He said he got his first duck when he was 2 years old (his parents moved into 172 Oak St. when he was a year old), and he's pretty much kept ducks ever since -- for 59 years, most of the time living in the same house.

He moved back into his parent's house about 25 years ago, he said, and it's been for close to that long, by his version, that Collins has been complaining about "anything and everything" around his home.

"It's been no picnic living next door to that man," Collins said.

The real trouble started, Graziaplena said, when he let go a young woman that was working for him, helping him with his projects and the care of his ducks.

The woman had become friends with Collins, and Graziaplena accuses Collins of retaliation for letting her go.

"There’s a lot of work around here that needs to be done by a guy, and I’m disabled, so I needed to hire a guy," Graziaplena said.

Collins said the girl wasn't fired, she quit. She couldn't stand, according to Collins, the unsanitary conditions the ducks lived in.

Graziaplena disputes that the ducks are kept in an unhealthy environment. Their water pond is cleaned regularly and they get fresh water daily, he said. It's heated in the winter, they have shelter and plenty of food.

As for the limit on ducks, Graziaplena notes that ducks breed. They lay eggs and produce ducklings. When the young ducks have enough feathers to fly, Graziaplena said, he releases them at a swamp owned by a cousin. He only keeps the 10 adult ducks, otherwise.

The young ducks are usually released in the last week of July.

As for Collins, she said she's about done with the situation.

"I’m ready to walk away from it all," Collins said.

Annie Lee and Eddie Freson probably never met. One lived in Batavia, the other in Brockport. One died in 1997, the other in 2000.

But when media coverage turns to unsolved deaths in Genesee County, Lee and Freson are inseparably linked.

Both deaths are officially listed as accidental drownings, but in both cases, Chief Deputy Jerome Brewster says he still has questions.

In both cases, somebody was obviously with them before they died. Lee did not get herself to Little Tonawanda Creek (there was no car at the scene and Brewster said she obviously didn't walk), and Lee never drove anywhere, so somebody had to take him from his home in Brockport to Buttermilk Falls.

In both cases, somebody knows something, and Brewster is eager to talk to anybody who can shed light on how Lee and Freson died.

The partially clothed body of Ann Katherine Lee, aka Ann Griffin, age 41, was spotted by a motorist in Little Tonawanda Creek, off West Bethany and Brookfield roads at 11:56 a.m., April 23, 1997.

She had not been sexually assaulted, nor was there signs of any signficant trauma to her body, according to a medical examiner.

There was no significant amount of alcohol or drugs in her blood system.

Lee drowned in only a few inches of water.

"She appears to have walked into the water under her own power," Brewster said.

Lee had a lot of friends and acquaintances around town. She was last seen near her apartment at 511 E. Main St., Batavia, around 11 p.m., April 22.

The area where Lee's body was found is a "well-known parking area," as Brewster put it.

"There was a considerable number of people who knew Ann Lee, who knew her lifestyle, who knew who she hung around with – because of that, I have no doubt that people have been talking," Brewster said.  "It’s quite likely that there is somebody out there who knows at least who she was with, maybe not what happened, but who she was with."

If Brewster could find that person, he thinks he would be much closer to solving the mysterious death of Ann Lee. It might not be murder, but the case could be closed.

Like Lee, Edward Charles Freson, 42, of West Avenue, Brockport, was well known in his community. He was a member of a club in Brockport and investigators talked to a lot of people who knew him.

Freson didn't have a car, he didn't drive and he would never accept rides from strangers, but he knew Buttermilk Falls. He talked of Buttermilk Falls occasionally and mentioned trips as a kid there with his family.

Brewster thinks he found a friend to drive him to the falls on May 5, 2000.

His body was found by four boys playing in the area. Freson's corpse was partially submerged in water at the brink of the falls.

Investigator John Dehm, in what Brewster called a "brave job,"  climbed out on a long ladder extended over the falls and dragged Freson's body from the precipice.

When his body was examined, he was missing his glasses and jacket (his shoes were recovered downstream), and he had a black eye.

Was Freson hit by somebody, or did he hit his eye on a rock? Brewster wishes he knew.

The medical examiner ruled the death an accidental drowning.

“He could have (hit his eye on a rock)," Brewster said. "This is pretty much a quote of what the ME said. He said, ‘Cause of death accidental drowning. Now, if you can tell me that you found someone who says he hit him in the head and threw him in the water, I’ll go with that, too.'"

Out there somewhere is somebody who was with Eddie shortly before he died. He may not be a killer, but he has some idea what happened.

Investigators questioned everybody possible in Brockport in the months -- the case was worked daily for seven months -- after Freson's body was found. Brewster thinks its likely they even talked to the person who drove the victim to Buttermilk Falls, but so far, Brewster still doesn't know how Eddie Freson got there that day.

Freson was known as a nice guy, but he did drink, and on just a couple of occasions, when he got drunk, he got into fights. He could piss people off.

Maybe, Brewster speculates, Freson got a friend to drive him out to Buttermilk Falls and Freson, who had been drinking, said something to upset his friend, so his friend left, and then somehow Freson fell into the water.

"Somebody out there knows more," Brewster said. "We just haven’t found the right person to tell us yet."

And Brewster adds, “He (the person who knows) may say, 'Hey I picked the guy up. He turned into a jerk. I left him there and then I found out he was dead and I said, sure as hell, I’m going to come out and tell the cops that I gave him a ride and then they’re going to try and convict me of murder. So I’m just going to keep my mouth shut.'"

"He could be totally innocent," Brewster said. "I don’t know, but I have some questions."

Previously:

• Chief Brewster tracking four mysterious deaths in Genesee County

Tomorrow: Kisha Sullivan and Bill Fickel

A man wanted from San Francisco to Ithaca was taken into custody in Batavia on Friday after he reportedly left a backpack allegedly containing drugs and stolen items in Walmart.

The backpack was turned over by Walmart security to Deputy Tim Wescott, who located Thomas E. Dodson, 24, of Rochester, at the 48 Deli Express on Park Road.

After searching the backpack, Wescott reported finding drugs, drug paraphernalia, a  stolen credit card, a stolen wallet and several stolen prescriptions.

Upon checking Dodson's identity, Wescott reportedly learned that Dodson had outstanding warrants in San Francisco, Rochester and Ithaca.

Dodson was charged with being a fugitive from justice, criminal possession of stolen property, 4th, criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, criminal possession of a hypodermic instrument, three counts of criminal possession of stolen property, 5th, and criminal impersonation, 2nd.

He was ordered held without bail.

After pushing a 2-2 tie into the 15th inning last night, Batavia and Staten Island lit up the scoreboard with seven runs in the decisive inning.

Fortunately for the Muckdogs, the balance of the runs tipped their way, giving them their 11th victory of the season, against 13 losses.

The 6-5 victory was powered by first basemen Victor Sanchez. The San Diego State University product hit a three-run blast in the 15th for his first home run of the season.

Yunier Castillo added what proved to be a much needed insurance run with a single later in the frame, driving in Adam Melker.

Relief pitcher and Riverside, Calif., native LaCurtis Mayes, in his third season with the Muckdogs, got the win. He's now 2-1.

Colin Walsh, playing second base, picked up three hits, as did third baseman Jonathan Rodriguez. Right Fielder Melker also had three hits, and Sanchez had two.

The Muckdogs return to Dwyer Stadium tonight to begin a six-game home stand, starting with a three-game series against the Red Sox farm club from Lowell, following by three games against longtime NY-Penn League rival Jamestown.

Wednesday is Volunteer Firefighters' Night. There will be fireworks after Friday's game. Saturday features a sun-visor giveaway, a community sleepover and music by Papa and Mama Root.

A three-car accident with injuries has been reported in the area of 9 College View Drive, Batavia.

Town of Batavia Fire and Mercy EMS are being dispatched.

Brittany Marie Smith, 18, of Ellicott Street, Batavia, is charged with petit larceny. Smith is accused of shoplifting multiple items from Kmart on Monday afternoon.

Robert Joseph Propst, 30, of Spencer Street, Batavia, is charged with petit larceny. Propst is accused of stealing multiple items from Kmart on Monday afternoon.

As many as 620 National Grid customers were without power last night following two separate accidents on the same road involving the same vehicle.

Two utility poles were knocked down.

The reported driver, Charles H. Colf Jr., 64, of 6774 Westcott Road, Stafford, suffered head and chest injuries and was transported by ground ambulance to UMMC.

He received three citations, including two for alleged speeding and one for leaving the scene of an accident.

The first accident occurred at 7:47 p.m in the area of 6836 East Bethany-Le Roy Townline Road.

Colf reportedly drove his 2007 Hyundai sedan into a ditch and then out back onto the roadway. A witness reported this incident to Sheriff's dispatch.

At 7:49 p.m, the second accident was called in. Colf's car reportedly hit a utility pole in the area of 7098 East Bethany-Le Roy Townline Road, knocking it down. When that pole fell, it pulled down another pole.

One of the poles had a transformer on it.

Power outages were reported in Bethany and the Village of Le Roy.

No other vehicles were involved in the accidents.

The accidents were investigated by Deputy Frank Bordonaro, Deputy Matthew Butler and Sgt. Thomas Sanfratello.

(initial report)

With unanimous conscent Monday night, the Batavia City Council agreed to move forward with a plan to provide some tax relief to homeowners who undertake renovations.

In September there will likely be a public hearing on the plan, which will provide a tax credit over an eight-year period on the increased assessed value caused by improvements.

"This is important because, even if you do improvements, the value doesn’t necessarily change, but if the value does change because of that improvement, you can get an exemption on the increase of the assessment," City Manager Jason Molino said.

The exemption is possible by state law, which allows for a municipal government to institute the tax credit. The credit can be spread over eight years, with no tax on the increased assessed value, and 12.5 percent of tax on the increase being added each year.

The homeowner must make at least a $3,000 improvement, and the assessor must find that the improvement, not some other factor, caused the increased assessment. 

"I think this is long over due," Councilman Bill Cox said. "I think it will encourage people to improve their homes and it’s a sign that the City Council wants to encourage people to improve their neighborhoods."

Councilman Frank Ferrando also spoke in favor of the tax exemption.

"I like the idea that it’s the community investing in itself," Ferrando said.

Kerry H. Hoffman, the former Oakfield-Alabama band teacher who admitted May 10 to an inappropriate relationship with a female student, will serve 60-days working for the county jail on weekends, three years probation and is required to surrender his teaching credentials.

The sentence was close to what Hoffman agreed to in a plea bargain two months ago.

Rather than jail time, Justice Thomas Graham said he wanted Hoffman working for the jail, out in the community, where people could see him.

"I don't feel that jail is much of a punishment, where you can sit around playing cards and watching TV," Graham said.

Hoffman will be required to lecture twice a year on teacher ethics at a teacher's college. Graham said he wanted future teachers to learn from Hoffman's mistakes.

He will also be required to undergo sexual abuse counseling, even though it was not part of the plea agreement and the probation department pre-sentence investigation found he is highly unlikely to commit sexual abuse in the future.

Hoffman, in pleading guilty in May, did not admit to sexual relations with the girl.

When given a chance to speak prior to sentencing by Graham, Hoffman declined.

The victim's mother did speak and she accused Hoffman of destroying her relationship with her daughter.

"She won't even talk with me anymore," the mother said. "You filled her head full of lies. You told her I didn't care about her or understand her. How was I supposed to compete with that?"

Hoffman is accused of taking the girl shopping and sending her numerous text-messages.

Her friends are said to have alerted her mother about the relationship with Hoffman, whose wife gave birth to a little girl within the past year.

But both her mother and Assistant District Attorney Kevin Finnell describe a situation in which the girl is no longer able to attend school, that she's been robbed of her senior year, because some at the school have apparently taken Hoffman's side.

Twenty years from now when Oakfield-Alabama holds its reunion, this is going to be what she thinks about," Finnell said. "Her 20th reunion, her 30th reunion, her 50th reunion, if she even attends. It's always going to be there, what he's done to her."

If not for people coming forward and alerting her parents, Finnell said, the situation was "just a whisper away" from becoming something more serious.

Attorney Thomas D. Calandra said that in giving up his teaching credentials, Hoffman, who has no prior criminal record, will suffer punishment enough.

"He has master's degree in music that is probably of little use to him now and in the future," Calandra said.

Calandra reported that Hoffman completed three different sexual offender tests for the probation department, and in all of them he scored only one or two points (one test out of a possible 12 and another out of a possible 54).

"He's absolutely no danger to the community," Calandra said.

Graham said it was a very tough case to decide.

"You were given a position of trust," Graham said. "An educator has an extremely high level of responsibility and trust. You hurt the victim, the victim's parents, the victim's family, your wife, your daughter, your family and her family. That bond of trust was broken by you."

But, Graham noted, Hoffman has a lot going for him -- the love of his wife and support of his family, including his in-laws (his father-in-law nodded vigorously as Graham spoke). 

"I can only hope that everyone can heal," Graham said. "Something that you will understand with your Christian background, Mr. Hoffman, someday you will be judged by a higher authority other than myself."

Le Roy Fire is responding to a second call in its district -- this time, wires arcing in the area of 65 Lake St.

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A car has multiple utility poles, one apparently an electric pole, in the area of 7101 East Bethany-Le Roy Road.

The driver suffered a head injury, but is conscious and is out of the car.

Minutes earlier, a Cadillac was reported on the same road swerving onto the shoulder and then re-entering the roadway.

Le Roy Fire is responding, along with EMS.

Fire Police are shutting down the road.

UPDATE 8:19 p.m.: The driver apparently suffered a medical problem while driving.

UPDATE 9:01 p.m.: At one point, the stoplight in front of Tops was out, reportedly because of the accident. A little while ago, somebody reported power restored at Le Roy Village Greens. National Grid was still reporting 620 customers without power. The accident scene was cleared by Le Roy Fire 10 or 15 minutes ago.

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As Chief Deputy Jerome Brewster and his investigation team in the Genesee County Sheriff's Office get seemingly closer to making an arrest in 2005 shooting death of Bill Fickel, that headline-grabbing, unsolved murder isn't the only mysterious death that keeps the 35-year veteran awake at night.

The other names that haunt his memory include Annie Lee, Eddie Freson and Kisha Sullivan.

“I live with every single one," Brewster said during an interview in his office last week. "My personality type is that I need to know. Good, bad or indifferent, I need to figure it out. So, when I have cases like these that you can’t figure out, they bother me."

Brewster said he constantly turns over in his head whether the right questions were asked, who said what, what the available evidence means. Is there anything that's been missed? But mostly, he wonders if he and his staff are looking at the case from the right perspective.

"A lot of times what I question is, are we looking at this thing the right way?" Brewster said.

A murder investigation begins as soon as a death is called in -- it doesn't matter if it's an apparent suicide, a drug overdose, a drowning, a hunting accident or granny finally expired in her bed. Every reported death begins with the question, "was it murder?"

Often, it's quickly obvious that there was no crime committed. But it's important that in the initial moments when law enforcement is on scene, that nothing be overlooked.

"That’s a pretty good way to operate because then hopefully you don’t miss anything," Brewster said.

Sometimes, it's obvious that there's been a homicide. The death of 66-year-old Joseph Benaquist might be a case in point.

Besides the fact that Scott F. Doll (who was convicted of the murder in May) was found with blood on his clothes wandering on a road near the victim's house, when Benaquist's body was found, it was pretty obvious the retired corrections officer had been beaten to death only hours earlier.

There was ample physical evidence at the scene (though Doll's defense attorney continues to insist, ample evidence of reasonable doubt, as well) and a suspect already in custody.

When Brewster has physical evidence, a body found at the scene of the crime and a suspect, he says making an arrest is just a matter of "getting our ducks in a row."

Even on such "smoking gun" cases, Brewster wants to make sure the charges stick.

With eight investigators at his disposal (all of whom have other duties), as well as the cooperation of the State Police and other agencies, Brewster supervises the investigation and makes sure all of the proper procedures are covered.

"Just because a guy says he killed his wife doesn’t mean you will get a conviction if you don’t do your job," Brewster said.

But what happens when the body isn't found at the scene, or there's no DNA evidence, or the body isn't found until weeks after the crime?

That's when the job gets tough.

"If you’re going to solve (the case) quickly, you usually have enough at the scene," Brewster said. "If you’re not going to solve it (at the scene), then you’re in for a long haul, a long haul. The worst calls you want to get are ‘I just found a dead body along the road.'"

In the cases of Lee, Freson, Sullivan and Fickel, Brewster has been in it for the long haul. He continues to work the cases, though not all of them every day, and continues to search for answers, and in two of the cases he may be getting close to finding the right answers.

Starting tomorrow, we'll look at each of these cases individually and tell you the latest information Chief Brewster has to share.

(Note: WBTA is running a parallel series this week based on our interview with Chief Brewster. It will air Tuesday and Wednesday.)

A truck fire is being reported on Colby Road, south of Sumner, in Darien.

Darien Fire is being dispatched.

UPDATE 2:24 p.m.: A Pavilion chief on scene reports that the tractor-trailer is pretty much gone and suggested that requested tankers from East Pembroke, Corfu and Alexander won't be needed. There is a request for a grass truck to the location. The vehicle on fire is in the middle of a field without much vegetation.

UPDATE 2:56 p.m.: Fire is out.

UPDATE: The vehicle was not a tractor-trailer. It was a tractor.

A car reportedly backed into a child in the area of 511 E. Main St., Batavia.

The child suffered a wrist injury.

Mercy EMS is being dispatched.

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Anthony Vincent Aidrich, 33, of Kirkpatrick Street, Syracuse, is charged with criminal possession of stolen property. Aidrich is accused of possessing 75 stolen Darien Lake passes. Aidrich was allegedly found with the passes while trying to enter the theme park using an allegedly stolen pass. He was jailed on $10,000 bail or $20,000 bond.

Stephanie Ruth Cotton, 34, of 6319 Mechanic Road, Byron, is charged with a violation of probation. Cotton is accused of missing a probation appointment and failure to appear for sentencing in Genesee County Court. Cotton was arrested at 11:05 a.m., Friday, and was allegedly found hiding in her attic under insulation.

Jacob A. Staskiewicz, 24, of Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right and moving from lane unsafely. Staskiewicz was stopped at 2:26 a.m., Saturday, on Railroad Avenue, where his car allegedly hit a guardrail, by Deputy Kevin McCarthy.

Anthony V. Firman, 21, of 82 Gilbert St., Le Roy, is charged with criminal contempt, 2nd. Firman is accused of violating conditions of probation. He was jailed on $2,500 bail.

Tim Christopher Fox, 41, of Drake Street, Oakfield, is charged with two counts of harassment, 2nd, and two counts of endangering the welfare of a child. Fox allegedly pushed another person during an argument. He then allegedly fell on two children while being restrained.

Lance A. Mercado, 20, of 110 Bank St., Batavia and Jeanne D. Fuller, 23, of 399 Manitou Road, Hilton, are each charged with harassment, 2nd. A friend filed charges against Mercado and Fuller, accusing Mercado of pushing him and Fuller attempting to hit him.

Sara J. Falker, 22, of 41 Maple St., Batavia, is charged with endangering the welfare of a child. Falker is accused of leaving her 2-year-old child unsupervised while at home with the child and of maintaining less than favorable living conditions.

Robert M. Freeman, 18, of 285 East Avenue, Batavia, is charged with criminal mischief, 4th. Freeman is accused of egging a car on May 28, causing damage to the paint.

Joseph P. Urtel, 32, of 19 Pringle Ave., is charged with criminal mischief, 3rd. Urtel is accused of damaging the laptop of a female friend. Urtel was jailed without bail.

A car has hit a utility pole and a tree in the area of 8993 South Lake Road, Corfu.

The pole and wires are down.

At least one injury reported.

Pembroke and Indian Falls Fire and Mercy EMS are responding.

UPDATE 5:19 p.m.: Mercy Flight being dispatched.

UPDATE 5:21 p.m.: Corfu Fire being dispatched to shut down traffic at Lake and Cohocton and set up a possible landing zone on Cohocton.

UPDATE 5:34 p.m.: Victim extricated.

UPDATE 5:36 p.m.: Mercy Flight has landed.

UPDATE 5:50 p.m.: Mercy Flight is airborne.

UPDATE, Monday, 10 a.m.: The driver has been identified as Edward J. Siminski, 83, of North Lake Road, Corfu. Siminski reportedly fell asleep while driving.

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Unlike winter steelheads, pursued throughout the Great Lakes feeder tributaries, the summer "steelies" have more room to maneuver. And unlike the king salmon, which slams your lure and runs directly away from the boat, the steelhead rainbow trout has multiple tricks up its sleeve. Once feeling the barbs, it may swim toward an unsuspecting angler, creating a slack line and the impression the fish has been lost. And sometimes it is. At other times they will quickly swim toward the surface, catapulting out of the water, twisting and tailwalking as only a member of the rainbow trout family can. Their fight is quite unlike the bulldogging king salmon which typically hooks itself while making its noted long and powerful run. Where the king salmon is a bulldog, the steelhead is an aerialist, an acrobat that requires you be quick on the draw, lowering and raising the tip of your fishing rod while rapidly reeling in line.

The fish I'm holding in the photo I caught while fishing with Batavian Bob Scinta. I really enjoy Bob's fishing philosophy - leave Batavia at 9 a.m., stop for breakfast and then hit Lake Ontario's late afternoon feed. He put us on a lot of fish that day, all but one were king salmon in the 25 lb. class. The lone exception was the steelhead, and that's the one I remember best.

Strong, fast swimmers and noted for their leaping ability, there is something to be said for a fish which launches itself totally out of the water, the sunlight reflecting off its silvery flanks, allowing an angler a brief glimpse of what might have been before crashing back onto the surface and leaving behind a slack line.