Frank Nichols Vitagliano, 28, of Luther Road, Silver Springs, is charged with a felony count of DWI, refusal to take a breath test and consumption of alcohol in a motor vehicle. Vitagliano allegedly drove past officers at the front gate of the Buffalo Federal Detention Center on Federal Drive and entered the parking lot. Vitagliano's vehicle was stopped and detained by several detention center officers. Vitagliano was jailed on $1,500 bail.

Randy L. Sanfratello, 41, of 3322 W. Main St. Road, Batavia, is charged with harassment, 2nd. Sanfratello is accused of failure to appear in Batavia City Court and was arrested on a warrant.

Rebecca L. Santiago, 25, of 5955 Main Road, Stafford, is charged with aggravated unlicensed operation. Santiago is accused of failure to appear in Batavia City Court and was arrested on a warrant. She was jailed on $250 bail.

Brandon M. Maldonado, 22, of 35 Maple St., lower, Batavia, is charged with criminal trespass, 2nd. Maldonado was arrested on a bench warrant related to his criminal trespass, 2nd, charge out of Batavia City Court. Maldonado allegedly violated probation and failed to report to Genesee County Jail on June 25 as directed by the court. Maldonado had been sentenced to intermittent jail time. Maldonado was released after posting $500 bail.

Matthew R. Hernandez, 18, of 129 State St., Batavia, is charged with menacing, 2nd, and endangering the welfare of a child. Hernandez is accused of displaying a knife in a threatening manner toward a young child during an alleged incident at 7 p.m., Friday.

Mark Laney, 31, of S. Pearl Street, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Laney was reportedly observed operating an ATV at 9:46 p.m., Saturday, in a parking lot at 49 S. Pearl St., Oakfield. Upon investigation by Deputy Howard Carlson, Laney was found to allegedly be driving drunk.

Amanda Le Carlacci, 20, of East Eden Road, Eden, is charged with possession/consumption of alcohol by a person under age 21. Carlacci was cited during an investigation at 10:20 p.m., Saturday, into a report of an underage drinking party at 710 Broadway Road, Darien.

Amber Marie Williams, 20, Broadway Road, Darien, is charged with possession/consumption of alcohol by a person under age 21. Williams was cited during an investigation at 10:20 p.m., Saturday, into a report of an underage drinking party at 710 Broadway Road, Darien.

Anibal Rodriguez, 55, Brayton Street, Buffalo, is charged with forcible touching. Rodriguez is accused of grabbing the intimate parts of a woman while at Darien Lake. Rodriguez was jailed on $500 bail.

A 17-year-old of Dean Road, Depew, is charged with petit larceny. The youth is accused of stealing a carton of Marlboro cigarettes valued at $59.50 from the Arrowhawk Smoke Shop on the Tonawanda Indian Reservation.

Call of Duty II is one of the hottest video games on the market, and at least one person in Batavia has a copy that doesn't belong to him.

The game, a version known as Modern Warfare II, was stolen from a residence on Maple Street within the past week, along with an Xbox console and a controller.

The residents were out of town from the July 12 thru 18, returning home early this morning to find that their house had been broken into and the Xbox, controller and game all missing.

Nothing else was touched.

"Sometimes when a report like this appears in the press, a parent or somebody is alerted and they notice a child has something that they can't explain where or how they got it," Det. Pat Corona said.

To reach Corona with any tips, call (585) 345-6373.

A possible house fire is reported at 7463 Town Line Road in Bergen. Bergen and Le Roy fire departments are responding along with Mercy EMS. The location is between Pocock and Jerico roads.

UPDATE (6:27 a.m.): There is smoke showing. It is a vacant house. Churchville Fire Department is also responding. Brockport is asked to fill in in Bergen.

UPDATE (6:36 a.m.): "May Day! May Day! May Day! There's a guy in the basement!" says a firefighter on scene. The fire is in the basement. "One of the subjects fell in through the floor." Route 262 between Jerico and West Bergen roads will be shut down. Now the person is out of the basement.

UPDATE (6:45 a.m.): The fire is knocked down.

UPDATE (7:05 a.m.): The fire is out, checking for extensions.

UPDATE 8:52 a.m. (by Howard): The fire is suspicious in nature and is under investigation. The volunteer firefighter who fell was not injured. The last couple of steps going into the basement gave way, causing him to fall and a ladder was used to get him out. The house has been vacant for about two years. It has no electricity or gas.

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Someone has reportedly been stabbed on the street, prompting City of Batavia police to respond to a location on Ellicott, just south of Hutchins Street. The victim, an adult male with a laceration to his right hand and middle finger, has just arrived at UMMC via Mercy EMS.

UPDATE 12:55 a.m: The incident may be a domestic situation and the suspect is in custody, according to a police officer.

In the words of that iconic sitcom father, Frank Barone, “Holy crap, it’s hot!” I just got back from a ride in the Wrangler with the top down. I think I got too much sun. I could go dunk myself in our little pool in the back yard, but instead (at least for now), I’ve taken refuge in an air conditioned room in the house, to try to update you on the discussions about Le Roy’s community pool, as promised.

First, let's get this out of the way...Yes, we have a pool at my house. We purchased one from Target Memorial Weekend 2010 because it was really hot. After we purchased it, we learned that it required a 4-foot fence around it, no closer than 12 feet away and that the fence could not have any gaps big enough for a tennis ball to fit through. Whew, check! The house came with that. Oh yes, but we also needed electricity with proof that it was inspected and approved by a certified electrical inspector and an alarm on it. I think that covers the code, but please (now for the disclaimer) don’t quote me, you should really check with your local code enforcement officer because I think I forgot something in here and s/he would know much better than I. Welllllllllll, after the cost of the ditch-witch rental, the parts for the electric, the inspection, the alarm, the permit, and whatever else we had to do our $200 pool turned into about a $1,000 pool. I think it relevant to bring this up here because I saw in the Le Roy Pennysaver at the end of June a PSA by the Town reminding everyone of the codes involved with owning a pool. Not to sound too sarcastic (those of you who actually know me, know I am quite sarcastic), I wonder why there are fewer of these “inexpensive” backyard pools out than there were last year (or at least that’s my observation). Next disclaimer, this, of course, is nothing against the Town or any local government or code enforcement officer. I know from my experience that this is actually state code that is left upon local municipalities to enforce. They are just doing their jobs.

So, this blog is really about the Le Roy Community Pool that regional residents (from all over the area, not just Le Roy) raised funds to build a few decades ago. The pool has fallen into disrepair and was closed by the previous Village Board. My community is divided over what to do next.

On one side, are those who feel our taxes are too high (they are kind of high compared to the nation) and that we can no longer afford to pay for things like a community pool. Some of those on this side against it feel that it is used by a small number of people and that the rest of us should not have to pay for it. Also, there are pools in neighboring communities that we can use. There is also the issue of the recent property tax cap and how this might affect our ability to raise revenue in the future.

On the other side, are those who feel that a municipal pool brings a sense of community to an area and that such amenities may also attract new residents with families to purchase homes and move here. The community pool has been instrumental in teaching people how to swim over the years, and that’s a task of significant importance when you have a body of water running through your Town (used here because, after all, the Village is a part of the Town). It’s a place where people can go to cool off safely on a day like today. Recently there has been some publicity around people disappearing, almost drowning, or swimming near anglers in the creek. There may be some on this side who believe that if the pool were working these incidents would no longer occur. I’m not one of those; however, I do believe that if the pool were open there would be fewer incidents AND more people would know how to swim, hopefully reducing accidental drowning.

If you were at our Village Board meeting a few days ago, on Wednesday, July 13, you heard a letter read to everyone by Village Clerk/Treasurer Sharon Jeary from local attorney Mike Welsh. In the letter, Mr. Welsh outlined what needs to be done in order to bring the pool up to code and added a couple of bonuses (repairing a wall on the pool that has a crack in it and updating the bathroom/locker room facilities, neither of which are needed for code). A very generous local family has pledged $17,000 to our community to complete these repairs if the Village and Town make a commitment to maintain the pool after that. Many local contractors have volunteered their time, labor and supplies to complete this project. Many local people have volunteered to fund raise to keep the pool going so that the taxpayers are not burdened too heavily by it. You also heard members of the business community speak up in support of the plan and fundraising.

Recently our mayor gathered the figures for running the pool in its last two years of operation, 2007 and 2008. The Village paid for wages, benefits, equipment, permit, telephone, repairs, electric, heat, supplies, and insurance (property and liability) for a total of $26,231 and $37,513, each year respectively. The Town paid for a portion of the pool facilities, pool programs, American Red Cross, advertising, supplies, and pool employees, and were also responsible for the vending machine(s), for a total of $30,985 and $25,775, each year respectively. The pool was able to generate some revenue through memberships and swim lessons each year to reduce the grand total spent by taxpayers across both municipalities to $47,225 and $54,680 each year respectively.

Mike Welsh also outlined in his letter that he estimates it will cost $11,000 for yearly maintenance. There are many from the community who have stated at board meetings that they feel that a modest rise in membership fees would help significantly. There are also those who believe that a food stand would help in generating revenue, as it apparently does in other local areas. There are also many talented individuals living here who are willing to donate their time and supplies to help “spit shine” to make the pool look more aesthetically pleasing.

Again, it is no secret that I am one Village Board member in support of the Village running the pool. I believe it is our responsibility to ensure public safety through swim lessons and also to help provide a safe outlet for kids’ activities in the summer and after school. The pool would enhance our current outstanding recreation program. It is true that we do not have the tax base that we had in the past; much of our industry has closed or downsized, however, this should not be a barrier to our providing for our community (as has been suggested by some). In my humble opinion (OK, I really can’t do this without at least one more acronym), IMHO, it is up to us as a board and as a community to figure out how to capitalize on what we do have… which are, concerned and talented citizens who will donate time/effort/money, great shopping and restaurants, a nice village atmosphere.

Now that you have the monetary figures and a brief outline of both the argument and the remedy I hope that you will attend the Village Board meeting on Wednesday, July 27 at 7 p.m. to hear Mike Welsh and other community leaders speak in more detail about this proposal. I hope that you will speak up if you are able, no matter which side of the argument you are on, because I believe in democracy! Most of all, though, I hope that if you are in support of the pool you understand that your presence and your voice are greatly needed and ideas are always appreciated!

As always, and especially since this one is very long, thank you for reading! Thank you, Howard Owens, for hosting my blog.

Jennifer Keys

trusteekeys@rochester.rr.com 

Note: A few days ago Drew was moved up to Quad Cities.

A full tank of gas has reportedly leaked from a vehicle at the Kwik Fill, corner of Jackson Street and Ellicott Street.

The car is reportedly parked next to the gas pumps.

City fire is responding.

UPDATE 4:07 p.m.: Only about a quart of fuel spilled. It's cleaned up. Ladder 15 staying on scene until AAA tow arrives.

A caller on Tracy Avenue reported smoke behind a house on Bank Street and City Fire has responded to investigation.

It was possibly an unintended fire, such as a controlled burn.

The address originally reported was 154 Bank St.. A first responder reports the fire is behind 148 Bank St.

UPDATE 4:03 p.m.: Fire's out. City Fire back in service.

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It was a beautiful day for a parade and festival in Le Roy on Saturday, and the entire parade route was jammed with people and the festival grounds were grounded.

Those who attended were treated to some real community spirit, great music, fantastic food and lots of fun.

UPDATE: I'm experimenting with an application that allows me to publish slide shows of photos. I'm hoping it will both be easier than my current message and improve the viewing experience. Below, you should see what looks like a video player. You can click through the photos individually, or on the lower right there's a button to open the slide show in full-screen mode, allowing you can see larger versions of the photos (which is part of my goal). I'm curious how this works for people.

Callers reported seeing smoke in the area of 7450 Boyd Road, Covington, and Pavilion chiefs responded to investigate. Upon approach, they spotted a large column of smoke and an orange glow. Once on scene, the first chief confirmed it is a fully involved garage fire.

The fire has spread to the house.

Besides Pavilion, Alexander, Le Roy and Stafford are responding along with the City of Batavia Fast Team. Mutual aid is also requested from departments in Wyoming County.

UPDATE 12:22 a.m.: City of Batavia's Fourth Platoon requested to stand by at the fire hall.

UPDATE 12:44 a.m.: The fire is pretty much knocked down. Crews checking for extensions and interior firefighters preparing to enter. It is believed all occupants are out.

UPDATE 12:50 a.m.: Red Cross requested to the scene to assist two adults.

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A one-car accident with injuries is reported at 7586 Reuben Road in Alabama. The car crashed into a tree at the curve on the Tonawanda Indian Reservation. Alabama Fire Department is responding. Vehicle occupants are out and walking around.

Judy Essig and her two daughters, Jenna and Nicole, were texting away in front of St. James Episcopal Church yesterday.

St. James is in the running for a Pepsi Refresh grant -- the same grant that Robert Morris and Byron-Bergen elementary schools won for the construction of new playgrounds earlier this year -- $50,000 each.

If the St. James community wins the grant, they will use the money for the restoration of the church's bell tower, a project that is still in its early phases.

Laurie Oltramari, president of the Landmark Society of Genesee County, said that the church is getting ready to choose a contractor, and that the Pepsi Refresh grant will fund masonry repairs, architectural and engineering fees, and promotion of the overall project.

Oltramari applied for the grant on behalf of the church out of a desire to preserve one of Batavia's most impressive landmarks. Built by Robert North in 1908, it is based on the Gothic architecture of churches North studied while living in England.

Unfortunately, the tower has been slowly deteriorating over the last 10 years due to water infiltration and very hard mortar in its structure. As you can see in pictures below, parts of the stonework have actually fallen off.

According to Marcia Gann, a member of St. James who is also on the committee for the tower's restoration, "the church has pledges of $350,000 directed toward the repair of the bell tower" as a result of the 2010 campaign.

These pledges have been earned through campaigning and fundraisers, as well as a $40,000 grant commitment from the New York Landmarks Conservancy.

As far as the project's current phase goes, "I'd say we're going to need about $250,000 just in order to have a safe environment (for people to work in for repairs)," Essig said. 

Right now, they are still working on removing those parts of the tower that need to be removed just in order to "get it up to code," as Oltramari put it.

Starting Monday at 10 a.m., volunteers will man a free Pepsi stand in front of the church -- at 405 E. Main St. in Batavia -- and hand out voting instructions. People can drop off Pepsi bottle caps any time in a designated barrel at the church.

Voting for the project will continue through July 31. To place your vote:

1) Go to refresheverything.com/savethetower, or

2) Text 107740 at 73774.

You will notice a "Power Vote" option on the Pepsi Refresh site. This allows you to vote up to 10 times a day, according to Oltramari.

If you click on this option -- which is right above the normal voting tab -- you will be asked to enter the code on your specially marked Pepsi product cap.

At the moment, the church's rank is 69 out of 250 runners-up. So get online and start voting to hear those church bells ring!

SUPPLEMENTAL PHOTOS

Kids enjoy what the new playground has to offer at Robert Morris Elementary School -- also funded by the Pepsi Refresh grant.

The 49-year-old woman who, according to witnesses, purposefully stepped in front of a moving car on East Main Street on Thursday night has taken her own life.

According to a source in law enforcement, the woman used a gun this morning not long after being released from Strong Memorial Hospital, where she was taken for treatment by Mercy Flight after being hit by the car.

A teenager from Pavilion who was reported to State Police as missing on July 9 was located about 30 minutes ago, according to Trooper Holly Hansel.

Hansel said 17-year-old Brittany Hackett is fine and she is safe. The case has been closed.

Terry Hills Golf, 5122 Clinton St. Road, Batavia, NY: Terry Hills features a championship 27-hole public golf course that has been consistently ranked as one of the best in the area. Plus, there's an all new clubhouse, boasting both a restaurant and banquet facility with panoramic views of the golf course. We have a foursome for 18 holes of golf with a value of $120 available for $60.

Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. We have $20 gift certificates for $10.

Alabama Hotel, 1353 Lewiston Road, Basom, NY: A historic and legendary tavern and restaurant. The Alabama Hotel is famous for its fish fries, but also serves a variety of top-quality entrees, featuring Certified Angus Beef. Now with expanded hours. We have $25 gift certificates for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. Decorate your home or office for summer. We have a $20 gift certificate for $10.

Delavan's, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Settler's, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Bohn's Restaurant, 5256 Clinton St., Batavia, NY. Fine dining in an atmosphere of casual elegance. Lunch and dinner, steak, prime rib and seafood. Ask about Bohn's catering services and banquet facility. We have $25 gift certificates for $12.50.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have $20 gift certificates for $10.

Kraving's, Valu Plaza, 4152 W. Main St., Batavia, NY: Kravings offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $10 gift card for $5.

Red Osier, Route 5, Stafford, NY: Truly, one of the landmark restaurants of the area. Red Osier features prime rib carved table side. We have $25 gift certificates for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

SOLD OUT

The engine compartment of an RV is on fire on the eastbound Thruway and Town of Batavia Fire Department is responding. The location is mile marker 388.7 by the Bank Street overpass. State Troopers are on scene.

UPDATE 11:31 a.m.: The RV fire is fully involved. Both water and foam will be used to put it out.

UPDATE 11:40 a.m.: The fire is knocked down.

UPDATE 12:22 p.m.: The Town of Batavia assignment is back in service.

Genesee County's farms are facing some of the same difficulties hitting farmers across the nation -- a combination of increased use of E-verify, bureaucratic difficulties with H-2A visas, a dwindling supply of immigrant labor and few U.S. citizens willing to do the work, making it difficult to bring crops in on time.

The confluence of events led to an unusual meeting in Washington, D.C., this past week, organized for Rep. Lois Slaughter (D-Fairport), with participation from Rep. Kathy Hochul and one of Genesee County's farmers, Maureen Torrey.

Torrey, owner of Torrey Farms, said the meeting was the first time high-level representatives of the U.S. Department of Labor, congressional representatives and famers have been able to sit down and discuss immigration issues.

The meeting lasted longer than planned, going two hours.

"Some of the old-timers there were surprised at some of the responses that we got," Torrey said. "We do think maybe there might be some improvement."

Hochul also said the meeting was productive and a unique opportunity to bring together two sides -- the DOL and farmers -- who are historically adversarial. 

"There is so much bureaucratic red tape it that it becomes a challenge for the farmers to get the workers they need," Hochul said. "These are people who are playing by the rules and they deserve all the help they can get from the government."

Torrey said the way the H-2A visa program is handled can really jeopardize the ability of farmers to harvest crops at the right time.

For example, she said, apples need to be picked on just the right day and pickers need to be experienced at recognizing the right color and firmness to pick apples at the right time, as well as be able to handle them properly to avoid damaging the fruit.

U.S. citizens, Torrey said, typically don't want the jobs and they lack the experience and training necessary to do the job properly.

Farmers want to be able bring back the same workers year after year to ensure they have the best labor force.

H-2A visas can be held up for a variety of reasons -- mistakes in the multiple pages of paperwork, a barely missed deadline, or a bureaucrat snafu can delay approval past harvest time.

Torrey said that a farmer might submit a batch of applications, have one disapproved and then face getting the entire batch rejected if she appeals just the one disapproval.

Hochul said the situation is just unacceptable.

"Some of the fields can’t be brought to market in time because they don't have enough popele to harvest the crops," Hochul said.

While the H-2A program requires that farmers first seek qualified labor among U.S. citizens, Torrey said few American ever respond to the required job listings.

In states such as Georgia, Florida and Alabama, where state legislatures have mandated use of a program called E-verify to check the legal status of workers, crops have been left to rot in the fields because there's been no workers available.

Torrey said even the DOL admits there are only about 50,000 qualified legal agricultural workers in the United States, but the annual demand is for 900,000 to one million workers.

Torrey said even Darien Lake Theme Park has trouble filling all of its season worker positions with citizen workers. The park hires about 300 foreign students  on J-1 visas.

"If Darien Lake needs 300 people on J-1 visas, it just shows you there are not enough people to take these jobs," Torrey said. "And that's fun work compared to working in a field."

Until there is a sustainable guest worker program, Torrey said, farmers are going to struggle to fill positions at harvest time.

A guest worker program has been under negotiation for 16 years, Torrey said, and while it wasn't the topic of the meeting organized by Slaughter, Torrey did attend a meeting on the subject while in D.C.

Meanwhile, according to a recent story in  The New York Times, the immigrant labor pool from Mexico is drying up. As economic and educational opportunities improve in Mexico, and the Baby Boom population that fueled the big illegal immigration moves in previous decades is getting older, there are fewer workers willing to take the risk of coming to America for work.

It's all of these forces pushing down the labor pool that made the meetings in Washington so important, Torrey said, and why she's glad they seemed so productive.

"It was really positive," Torrey said. "It is not only going to help Genesee County, but it's going to help farmers all across the country who are having the same issues, so our peers were really happy these meetings took place."

We've come into that part of the season where there is an abundance of fresh fruits and vegetables at the local farmers markets. Yesterday afternoon, I stopped by the Genesee Country Farmers' Market at Batavia Downs and took a few pictures.

The market is open Tuesdays and Fridays.