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Car accident with injuries in Pavilion

By Billie Owens

A two-car accident, with injuries, is reported in Pavilion at the juncture of Telephone and Pavilion Center roads.

Pavilion Fire and Mercy BLS are responding.

UPDATE (3:40 p.m.): First responders say the injuries are not serious. A pregnant woman complains of a bump on her head and an elderly man complains of chest pain/trouble breathing. The accident is blocking the roadway and traffic control is requested.

Driver transported by Mercy Flight after his pickup hits Thruway truck on Route 98

By Howard B. Owens

The driver of a white pickup truck needed to be extricated from his vehicle after he apparently swerved into oncoming traffic on Route 98 and nearly hit a Thruway maintenance truck head on.

The driver, whose identity is not available, was transported to an area hospital by Mercy Flight.

There were no injuries reported in the Thruway truck.

Witnesses and State Police say the pickup truck driver was southbound when he crossed into the northbound lane. His small truck caught the left front fender of the Thruway truck and nearly sheared off the front wheel.

The pickup truck came to rest about 100 yards down the road, rolling down (but apparently not rolling over) an embankment.

Route 98 was closed in both directions between Park Road and West Saile Drive.

Traveling pavement crews may be running asphalt scam in region

By Howard B. Owens

A Corfu couple is feeling burned and they want to warn other area residents not to fall for the same scam a traveling pavement company pulled on them.

The couple -- who asked not to be identified -- paid $7,500 to have an asphalt driveway installed, which was more than the original $3-per-square-foot quote the contractor gave when he arrived at their door saying he had some asphalt left over from a previous job.

While the two-day-old driveway looks beautiful and black right now, the couple has since learned it won't even last a year.

The husband first became suspicious when, after the job was done, the contractor insisted on getting a check immediately because he said he needed to pay for the asphalt. The man thought, "why does he need to pay for asphalt if it was extra?"

About that time, the wife called her parents and her father said he had read about asphalt driveway scams on the Internet.

That's when they decided to call police and contact local media. The couple claim the out-of-state contractor -- whom we're not identifying because the case remains under investigation -- is listed on a website that warns of just such scams. They say crew boss is wanted for the same alleged scam in other states. (We didn't find the same site, but search "driveway paving scams" in Google and you'll find thousands of articles on the topic.)

After the asphalt was down and the check was cashed, the homeowners had another local contractor look at the work. He said, according to the couple, that the workers who put down the asphalt didn't prepare the bed properly and the asphalt needs to be about three times thicker than it is.

We called Tim Hens, county highway superintendent, for his expert opinion and Hens said a well-installed asphalt driveway would have a sealing coat over a crushed rock bed and about three inches of asphalt laid.

The Corfu couple's driveway is an inch or less thick.

"It's not uncommon for contractors to have extra asphalt after a job," Hens said. "But I've never heard of them going around door-to-door trying to peddle it for another job. It's just not how it's done."

State Police Investigator Leo Hunter is looking into the Corfu case, but his investigation began only yesterday. He said it's not clear yet that a crime has been committed. If it's just a matter of alleged shoddy work, it could be a civil matter. However, if there are other local victims of the same firm, that could indicate deliberate fraud taking place.

The Los Angeles Times offers these seven signs that you're being scammed:

• Unsolicited offers to do painting, roofing or paving work
• Claims of leftover materials
• High-pressure or scare tactics
• Reluctance to sign a written contract
• Demand for payment in cash
• New vehicles and out-of-state license plates
• Toll-free telephone contact numbers instead of a local number

Or as Hens put it, "If it seems too good to be true, it probably is."

"You get what you pay for," he added.

As for the Corfu couple, they're feeling both angry and embarrassed.

"It's almost as if you're naive if you believe people these days," said the husband.

Photo: Barn on Pearl Street Road, Batavia

By Howard B. Owens

After chasing a story in Corfu that didn't pan out, I took a look at the fabulous late afternoon sky and decided to drive around a bit and see what interesting features of Genesee County I could find to photograph. It was actually on my drive back to Batavia, with the sun setting quickly, that I decided to stop and photograph this barn on Pearl Street Road in the Town of Batavia.

Paladino wins GOP primary, including overwhelming support in Genesee County

By Howard B. Owens

Carl Paladino, a wealthy Buffalo businessman with a penchant for forwarding racist and pornographic e-mails to his friends, upset the GOP establishment Tuesday with a come-from-behind victory in the Republican primary.

In Genesee County, Paladino's victory was nothing less than a landslide, as he beat out mainstream GOP contender Rick Lazio with 2,552 votes compared to Lazio's 303.

The New York Times:

The result was a potentially destabilizing blow for New York Republicans. It put at the top of the party’s ticket a volatile newcomer who has forwarded e-mails to friends containing racist jokes and pornographic images, espoused turning prisons into dormitories where welfare recipients could be given classes on hygiene, and defended an ally’s comparison of the Assembly speaker, Sheldon Silver, who is Jewish, to “an Antichrist or a Hitler.”

In the Senate primaries, Kirsten Gillibrand easily won the Democratic nomination and GOP voters picked Joseph DioGuardi with 42 percent of the vote over David Malpass with 38 percent.

Gillibrand picked up 80 percent of the vote in Genesee County.

Stop DWI program in Genesee County seems to lead to decrease in drunken driving

By Howard B. Owens

If you get busted for DWI in Genesee County -- assuming you're convicted -- you're going to wind up paying out a good chunk of change that officials hope will help prevent a future DWI arrest, if not a tragic accident.

All of the fines collected from people convicted of DWI in Genesee County goes into a Stop DWI program administered by Assistant Court Manager Frank Ciaccia.

On Tuesday, Ciaccia presented a 2010-2011 budget for Stop DWI to the Legislature's Ways and Means Committee.

The budget of $262,000 distributes funds to the Sheriff's Office, Batavia Police, the courts, probation, prosecution and GCASA and are used by those agencies on either education about drinking and driving or to enforce existing laws.

Ciaccia thinks the programs, especially the education programs, have been working.

DWI arrests have been steadily declining for years, Ciaccia said. From 2008 to 2009, DWI arrests in Genesee County dropped from 356 to 321.

"More people just know not to drink and drive," Ciaccia said.

Stop DWI is funded entirely by DWI conviction fines, and 100 percent of those fines go to Stop DWI programs.

Photos: City Council Awards

By Howard B. Owens

On Monday, the Batavia City Council gave out its annual awards. Above left, Jeff Gillard receives the Volunteer of the Year award.

Confidential Secretary Jodie Freese, left, and Financial Clerk Teri Gass were named Co-Employees of the Year.

David Allen and his girlfriend Carol Emerson received the Homeowner of the Year award.

Photo unavailable: Brian Kemp of T-Shirts Etc., Business of the Year.

Batavia woman dies after morning accident on Oak Street

By Howard B. Owens

A woman involved in a two-car accident on Oak Street, Batavia, this morning has died as a result of her injuries.

Jacquelyn B. Dawson, 65, of 5175 Sunset Terrace, died at Strong Memorial Hospital after being transported there by Mercy Flight.

Dawson's car was hit at 9:18 a.m. by a pickup truck at the intersection of Oak and Union streets.

The driver of the truck, Kelly Creegan, of 48 South Main St., Elba, was also transported to a hospital.

The accident remains under investigation by Batavia Police. So far, there have been no charges or citations issued.

As city finance's improve, council balks at raise for manager

By Howard B. Owens

In the years since Jason Molino took over as city manager, Batavia has gone from an annual deficit of $1.2 million to a surplus in 2009-2010 of $475,800.

Yet, minutes after the City Council heard an audit report on the city's improving financial condition, the council split 4-5 on a motion to meet in a closed session to grant Molino -- among the lowest paid top administrators of any city in the state -- a modest raise.

Councilman Bob Bialkowski asked to postpone the discussion saying he had only recently received information that should be investigated before a vote on Molino's compensation.

When the council did go into closed session, Councilwoman Rose Mary Christian declined to join the discussion.

There are families in Batavia that are hurting financially, Christian said, and until the economy turns around, she can't support any increase in spending.

While the other council members huddled behind a closed door, Christian said she thinks highly of Molino.

"I am not opposed to Jason Molino by any means," Christian said. "I’m opposed to any more spending."

When the council emerged, a resolution was passed on an 8-1 vote granting Molino a 1.5-percent pay increase retroactive to April 1, 2010.

Molino makes $84,260. The top administrator in Beacon, with a population 2,000 less than Batavia, makes $123,000. In Cortland, with a slightly bigger population, the top administrator makes $101,000. Geneva's city manager makes $94,000. (See Through New York for salaries; CityTownInfo.com for populations.)

Meanwhile, an audit report prepared by Freed Maxick & Battaglia shows that the city matched actual revenue with budgeted revenue in the recent fiscal year, after three consecutive years of exceeding revenue projections.

On the expenditure side of the ledger, the city, for the third-straight year kept spending below budget levels, with $445,000 saved in 2009-10.

Auditor Laura Landers (inset picture) credited the city with conservative budgeting, cuts in 2008-09, a decrease in health insurance costs, not filling vacant positions and deferring expenditures on aging equipment.

The city has been able to build a fund balance of $2.8 million over the past four years. In 2006, the fund balance was in the red $1.3 million.

The fund balance allows the city to build reserves for workers' compensation, insurance, capital projects, employee benefits and other reserves necessary to provide the city with a cushion against deficit spending.

Among the areas Molino recommends building up fund reserves for is the Department of Public Works and fire department equipment. He recommends reserves of $150,000 for DPW and $50,000 for fire. Within five years, Molino said, the fire department will need a new pumper.

"Right now, most of our equipment, if not all, is completely depreciated," Molino said. "Last year was the first time we purchased equipment in about seven or eight years."

While I was trying to take a picture of Christian alone in the council chambers, Chief Randy Baker came over and started talking with her, and then Jason Molino wanted to jump in the picture.

Injuries reported in two-car accident on Oak Street

By Howard B. Owens

A woman was taken to the hospital by Mercy Flight following a two-car accident on Oak Street at about 9:15 a.m.

No details are available yet on the accident.

Northbound traffic was blocked at Oak and Richmond for about an hour.

Trucker accused of DWI after taking side trip down Union Street

By Howard B. Owens

A truck driver out of Syracuse is being charged with DWI after reportedly taking his rig down Union Street this afternoon and hitting some trees.

City Councilman Bob Bialkowski brought up the incident at Monday night's council meeting, congratulating Chief Randy Baker and his department on a swift arrest of the apparently wayward driver.

Bialkowski said he was on Union at the time of the alleged incident, heard a loud noise -- louder than the sound of a small airplane crash, he said -- and turned around and saw the truck coming down the roadway with a gaping hole in the side of its trailer. The driver, he said, was trying to look in the side mirror to see what happened.

Taken into custody was Darren D. Jones, 45, of 168 Parkside Ave., Syracuse.

He was charged with aggravated DWI in a commercial vehicle and disobeying a traffic control device.

City police said the first report of an erratic truck driver came in about a semi exiting the Thruway. Jones was pulled over on West Main Street.

There is a weight limit on Union, according to the police press release, and Jones allegedly ignored it.

The report says Jones' truck had significant damage.

Area flight school planning to set up shop at county airport

By Howard B. Owens

The Genesee County Airport will soon have a new tenant -- a flight school with locations in Dunkirk and Lancaster wants to start operations in Batavia.

The Legislature's Public Service Committee approved a lease Monday with Bob Miller Flight Training for five years worth $8,469 annually.

Legislators noted it will be the only flight school in Genesee County and the first at the airport since 2007.

The school will use two offices in the terminal and lease two of the new T-hangars, when they're finished.

During the public service meeting, County Highway Superintendent Tim Hens, noted that somewhere in the neighborhood of $13 million in federal funds have been spent on the airport since 1998.

During that same time, the county's share of airport expense has been about $350,000.

Hens said the airport has produced positive cash flow in all but one year during the past 12 years. The airport, from a county-expense viewpoint, has paid for itself, Hens said.

"I’ve always promoted the airport as being self-sustaining," Hens said. "When you look at the numbers total, it is. That’s not including all of the indirect benefits, the sales tax, the jobs."

Of course, there are critics who say the county airport should be a private business, not a public facility.

Hens sees the airport as just another hub in public transportation.

"Not everybody uses it, but not everybody uses the buses that run through town," Hens said. "Without it, there’s a piece of the community that's either not going to do business or they're not going to travel somewhere.

"We put four or five million dollars a year into our county roads and it doesn’t pay us back anything," Hens added. "But, if you didn't put the $5 million bucks into the roads, it's going to be a bumpy ride to the office and the kids are going to be unsafe riding on the school buses."

Raccoon wears out his welcome at trailer park

By Billie Owens

A pesky raccoon running amouk in a trailer park has prompted a frustrated resident(s) to call on the law to remedy the situation.

Dispatch says it has no means of catching said menace and will not resort to shooting the varmint inside a trailer park, thus leaving open the specter for makeshift remedies.

Other information, such as what trailer park and where it is, was not heard.

Police Beat: Woman accused of stealing mail

By Howard B. Owens

Kelly Jo Spenton, 37, of 6047 Transit Road, New York, is charged with petit larceny. Spenton is accused of stealing the contents of another person's mail. The alleged offense occurred at 39 S. Pearl St., Apt. 1, Oakfield on Aug. 24.

Zachary Ryan Morath, 19, of Summerfield Drive, Lancaster, is charged with DWI and failure to keep right. Morath was charged following a car accident on Route 5 in Darien at 7:40 a.m., Saturday. The investigation was handled by Deputy Jason Saile.

Larry S. Yoho, 38, of Batavia, is charged with criminal trespass, 2nd, harassment, 2nd, and aggravated harassment, 2nd. Yoho was arrested by State Police for an alleged incident at 10 Maple St., Batavia, at 9:23 p.m., Sept. 6. Yoho was jailed, but the bail amount -- if any -- was not provided. No further details available.

Valerie S. Wells, 44, of Medina, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Wells was stopped by State Police on Park Road, Batavia, at 5:35 p.m., Thursday.

Photos: Harvester Avenue on a cloudy afternoon

By Howard B. Owens

Driving back from the YWCA on Sunday afternoon, I noticed the great sky over Batavia and remembered that I've been wanting to take another shot at getting a picture of the William Morgan monument on a cloudy day. While I was stopped on Harvester snapping away at Morgan, I noticed the clouds reflecting off the windows of the Harvest Center and thought that that would make for a good shot, too. (If you want to see a bigger version, I'll post it to VuFindr.com some time in the next week, probably.)

Below is the shot I came up with of old Morgan, but a bit different than the one I imagined getting.

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