UPDATE 12/10  11:12 a.m.: See correction below.

After just over a year in business, Kingdon Family Market in Pavilion will soon close. The economy proved too tough, the customers too few and the big-box competition too fierce.

Sometime this month, Vicki and Jeff Kingdon will no longer be the green grocer entrepreneurs they have been.

"I'll be looking for a job," Vicki said this afternoon. "We tried, but it just didn't work out. We can't afford to keep it open. We're throwing out more money than we're taking in."

The couple had no prior grocery experience, but the building came at a good price and so they made a "spur of the moment" decision to operate a full-service store, with fresh produce, meat, bread -- the works.

They had no employees so they did everything themselves.

"It's tough," Vicki said. "We spent a lot of money, but people are going to Walmart and Tops. We are not in a co-op."

Meaning, they aren't able to pool collective resources and buy in bulk like chain stores.

The last time Pavilion had an independent grocery store was about four years ago.

The Kingdons aren't sure what they'll do with the building at this point, which is located at 6946 Ellicott St. Road.

The best part of the whole thing?

"Meeting new people."

Didn't catch the location, but a law enforcement officer went on a mission a little while ago to catch a stray goat.

"I'll be out in the area attempting to wrangle a goat," he said.

A short time later, he says "Mr. Billygoat doesn't want to be wrangled today. Any other ideas?"

"Maybe someone could help you with a noose?"

"No, maybe a tranquilizer gun, but we don't have one."

"Maybe your partner could catch 'em?"

The outcome is unknown, so presumably the goat is still at large.

Michael Aaron Witkop, 18, of Ross Street, Batavia, is charged with sexual misconduct. Witkop is accused of having sexual intercourse with a girl under 17 years of age, who is considered too young to give consent.

Timothy J. McGall, 22, of Mill Pond Road, Byron, is charged with aggravated DWI and DWI. McGall was arrested Monday following an investigation into an accident on Swamp Road in Bergen at 10:10 p.m., Oct. 31. Based on an investigation by the Monroe County Toxicology Laboratory, McGall was allegedly found to be driving with a BAC of .18 or greater.

Brittany Lynn Frey, 20, and Scott Alexander Lawrence, 19, both of Griswold Road, Darien, are charged with petit larceny. Frey and Lawrence are accused of shoplifting from Kmart on Tuesday.

An estimated $25,000 in damages was done to a garage in Darien on Tuesday when an unattended torpedo heater apparently ignited a blaze.

The heater was being used to warm up some machinery, according to a report by Deputy Dana Richardson.

The fire occurred at 1210 Herkimer Road, Darien, and was called in by homeowner Lawrence Stabell at 9:51 a.m.

No injuries were reported in the blaze. The garage, which was destroyed, was not attached to the house.

Darien Fire responded with mutual aid from Alexander and Bennington fire departments.

(initial report)

There will be less snow today, and at midday even a little sun.

In the Pembroke area between now and 9 a.m., a narrow band of lake effect snow may drop an inch or two of snow.

There's about a 30-percent chance of snow after 3 p.m.

Winds will be about 15 mph, decreasing to under 10 mph overnight.

There's a chance of snow showers and flurries tonight and tomorrow.

A driver from Wyoming County was injured Monday morning after her car slid off the roadway on Bethany Center Road near Paradise Road and struck a tree.

Karen J. Vanburen, 38, of Alwardt Road, Wyoming, was transported to UMMC with non-life threatening injuries.

The 6:40 a.m. accident was investigated by Deputy Brian Thompson.

No citations were issued.

Unsafe speed for roadway conditions is being blamed for an accident at 11:49 a.m., Sunday, that sent three people to area hospitals with non-life threatening injuries.

The accident occurred on School and Byron roads in Stafford. At the time of the accident, responders on scene reported icy conditions and requested the town highway department respond to salt the road (Initial Report).

Cited was Collin M. Camp, 19, of 20 N. Spruce St., Batavia. Camp was among those injured in the accident.

Also insured was his passenger, Michael F. Sullivan.

A passenger in the second vehicle, Patricia Scheurlein, 71, was also taken to a hospital.

The driver, Thomas J. Scheurlein, 72, of 5881 Griswold Road, Stafford, was reportedly injured but not transported.

According to the report by Deputy Brian Thompson, Camp was southbound on Byron Road around a "reduced speed curve" near School Road. He failed to negotiate the curve, according to Thompson, traveled onto the shoulder of Byron Road before being hit head-on by Scheurlein's car.

Story: Lieberman Says Justice Department Should Investigate the New York Times

A two-car accident with minor injuries has been reported at the intersection of Bank Street Road and East Saile Drive.

Town of Batavia and Mercy EMS responding.

Joshua Carney, 33, and Holly Carney, 27, both of 64 Spencer Court, Batavia, are changed with several felonies following an investigation by the Department of Social Services. Joshua Carney has been charged with nine counts of offering a false instrument for filing, 1st, and one count of grand larceny, 3rd. Holly Carney is charged with 11 counts of offering a false instrument for filing, 1st, and one count of grand larceny, 3rd. DSS investigators alleged that the Carneys failed to report commission income from his employer. The alleged failure to report the income meant the Carneys received $14,017.14 in food stamp and medicaid benefits from May 1, 2008 to June 30, 2010 to which they were not entitled. They were taken into custody by Deputy Chad Minuto and arraigned in Batavia Town Court.

Brandy Miller (aka Brandy Osmancikli), 37, of 2093 Lewiston Road, Basom, is charged with four counts of offering a false instrument for filing, 1st, and one count of petit larceny.  Miller is accused of failing to report income from March 11, 2010 to May 27, 2010. She allegedly received $612 in food stamp benefits to which she was not entitled.

Jamie Hamill, 33, of 4311 Lockport Road, Elba, is charged with grand larceny, 4th, and three counts of offering a false instrument for filing, 1st. Hamill is accused of submitting forms to DSS without revealing that her husband was employed full-time. Hamill allegedly received $542.41 in temporary assistance benefits and $661 in food stamps to which she wasn't entitled between July 2009 and November 2009.

One of the spending cuts in the Genesee County budget that has been overlooked in coverage of other proposed cuts is that legislative members themselves are taking a pay cut.

For eight legislators, their 2010 pay of $11,468 is being cut to $10,895 in 2011. For the chair of the legislature, pay is being cut from $15,090 to $14,337.

Human Resources Director Karen Marchese said privacy laws prevent information from being released on health insurance compensation for legislators. Only three members are enrolled in the county coverage plan.

UPDATE: The expense for health insurance coverage for legislators, which included "buy back" (for coverage supplied by legislator's spouses) is $39,900.

The Town of Batavia and the City of Batavia are still looking for candidates to be appointed to the Consolidated Charter Task Force.

The deadline to apply is this Friday, Dec. 10.

It will be responsible for preparing a revised City Charter to continue the joint effort by the town and city to investigate the possibility of consolidating the town and city into one Batavia.

The Consolidated Charter Task Force, with the assistance of a facilitator, will be expected to draft a Consolidated City Charter, to be reviewed by the public, town board and city council.

The selection process for the Consolidated Charter Task Force shall consist of interviews conducted by an Interview Committee consisting of three town board members and three city council members. Upon the Interview Committee's recommendations, the town board and city council will jointly appoint the Consolidated Charter Task Force.

It will consist of four town residents and four city residents. All task force members must be at least 18 years old.

Individuals in the following categories shall not be considered for inclusion on the task force: all members of the town board and the city council; all members of the planning boards and the zoning boards of appeals for both the town and the city; all employees of the town and the city and the spouses of any individual in the above categories.

Applications for the Consolidated Charter Task Force are available at the Town Clerk's Office, 3833 W. Main St. Road, in the Town of Batavia, and at the City Clerk's Office, One Batavia City Centre, in the City of Batavia.

Applications can also be downloaded from the town website: www.townofbatavia.com or the city website: www.batavianewyork.com.

Applications must be returned to the Town Clerk's Office or the City Clerk's Office. The deadline is Friday, Dec. 10.

Keep it. At least for now.

That's the recommendation of a consultant hired by Genesee County to study the legislature's options for dealing with the increasingly expense-draining county nursing home.

Rochester-based Center for Governmental Research turned over a report this week to the county that said it's not a good time to sell public facilities and the county may not achieve sufficient returns from such a sale.

Genesee County faces an aging population, continued rising expenses and an uncertain future of federal funding for the nursing home. Those same factors would likely keep down the price a private buyer would be willing to pay for the home.

And the county would lose control of the facility and have no recourse if a private owner no longer used the home as a "safety net" for disadvantaged seniors.

There are numerous problems for the home going forward, CGR concludes, and recommends a number of changes in operation of the home.

It also recommends establishing a Nursing Home Board to oversee the operations of the home.

The full 121-page report is available by clicking here.

Ed Minardo will be out of a job come Jan. 1, but Genesee Justice will carry on.

"It was certainly in my mind, 'Not on my watch,'" Minardo said after learning that County Manager Jay Gsell would recommend to the legislature that Minardo's plan to cut staff hours and eliminate his own job be approved.

And the legislature did just that Monday evening.

"I didn't want to see Genesee Justice and the great history of Judge Call (former Sheriff Doug Call) and Dennis (Wittman, founding GJ director), and the love and caring they put into it, evaporate into a memory."

Minardo said he was also motivated by the firm support Genesee Justice received from the legal community, including defense attorneys, prosecutors and judges.

"That's one of the things that made me fight so hard," Minardo said. "There was an unprecedented outpouring of support from what is supposed to be a formal legal community. The were going outside their comfort zones to express appreciation for the programs we run and the good work of our staff."

With approval of the labor union representing staff at Genesee Justice signing off on the plan to reduce work ours, Gsell was apparently able to find enough cost savings to make Minardo's plan "budget neutral," meaning it won't increase expenses for the county.

When Gsell first presented his draft budget to the legislature, it called for closing Genesee Justice as a division of the Sheriff's Office and moving many of its functions to the probation department.

At a public hearing, members of the legal community and crime victims assisted by Genesee Justice came forward and encouraged the legislature to protect the pioneering restorative justice program.

Next up for Minardo: Put together a non-profit foundation that will raise money to fill the budget gap for full Genesee Justice operations, including reinstating his job as director.

Previous Coverage.

A driver who allegedly hit a young woman's car at Prole Road and Route 33, Stafford, on Oct. 10, has agreed to help pay for her new car, she said this morning.

Danielle Lovett, who used The Batavian to appeal to the community to help find the alleged hit-and-run driver, e-mailed us this morning and said the driver was apparently identified and he will pay her $500 deductible on her insurance. Her car was totalled in the accident, she said.

Chief Deputy Gordon Dibble confirmed that the Sheriff's Office arrested William Pitcher, 64, of Thomas Avenue, Batavia. He was charged on Oct. 24 with failure to yield the right-of-way at a stop sign and leaving the scene of a property damage accident. 

Pitcher's car was apparently spotted by a reader parked at a local auto body shop within 20 minutes of the post going up on The Batavian and notified Lovett of the location.

I'm on another trip around the county, this time for footage of school Christmas concerts.

I decided to do three or four shorter videos this time, instead of one big video with all the school concerts packed together (see Spring concerts article). This way, I can include more of the performances from each school.

The first video includes concert footage from Notre Dame High School, Dorothy B. Dunce Elementary (Pavilion), Jackson and St. Joseph schools. Jackson and St. Joe's performed at "Christmas in the City" on Friday.

My apologies to Jackson for only including a few songs. This was a shorter concert.

More to come!

The National Weather Service says some lake effect snow should hit Genesee County between now and 7 p.m.

The chance of snow this afternoon is about 80 percent.

There's some chance of snow tomorrow, and it should be partly cloudy on Thursday.

Photo: Kibbe Park mid-morning today.

A garage fire has been reported at 1210 Herkimer Road, Darien.

Darien Fire with mutual aid from Alexander Fire responding.

A chief on scene reports the garage is fully involved.

The garage is not attached to any other structure.

UPDATE 10:23 p.m.: Fire knocked down.

View Larger Map

A tractor-trailer and another vehicle are reportedly involved in a traffic accident on the Thruway in the area of mile marker 394.1 in the westbound lane.

East Pembroke Fire and Mercy EMS dispatched.

UPDATE 10:51 p.m.: Everything's off the road. One minor injury. Responding units can proceed carefully.