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Car crashes into trees off West Bergen Road

By Howard B. Owens

A car reportedly crashed into some trees on West Bergen Road just south of the Thruway.

There are unconfirmed injuries.

Le Roy Fire and Ambulance dispatched.

UPDATE 11:01 a.m.: No injuries. A fire hydrant was struck. Monroe County water being notified.

UPDATE 11:05 a.m.: Le Roy units back in service.

Photo: Changing a tire on a vandalized truck

By Howard B. Owens

Calvin Pangrazio, an employee of Sloat Tires, changes a tire on a Rent-A-Center truck in the Valu Plaza.

At least two vehicles had their tires slashed in the parking lot overnight, and there are also reports of tires slashed in the parking lots of City Centre, Walmart and  Batavia Downs as well as one report on a residential street. In all, as many as 10 cars appear to have been vandalized overnight.

Officer Jay Andrews said the two Rent-a-Center trucks each had two tires slashed, making the value of the damage more than $250 on each truck. That makes the alleged crimes Class E felonies, criminal mischief, 3rd.

Anybody with information about these incidents should call either Deputy Kevin McCarthy at 345-3000, ext. 3237 or the Batavia PD at 345-6359.

UPDATE 12:38 p.m.: A Sheriff's deputy dispatched to the Target parking lot for the report of another tire slashing.

UPDATE 3:38 p.m.: An officer is sent to Bank Street Road to interview another person whose tires were slashed.

Tires slashed on cars off Park Road

By Howard B. Owens

City police were dispatched about five minutes ago to the rear parking area of Blockbuster on Lewiston Road for a report of an employee's tire slashed.

Now a Sheriff's deputy is being sent to the same area (city limit is at Park Road) for more reports of slashed tires. It isn't clear from what we picked up off the scanner which parking lot this additional vandalism took place in.

UPDATE 1:49 a.m.: Apparently, the Sheriff's Office has jurisdiction on the customer parking lot on Lewiston. That is where all of the tires were slashed, including the one initially reported behind the building in employee parking.

UPDATE 1:59 a.m.: If I heard this right, now there's a report of a Jeep outside Sunny's (in the City Centre) with its tires slashed.

UPDATE 7:52 a.m.: The Sheriff's Office put out a news release confirming that the tires were slashed on three cars in the Batavia Downs parking lot on Park Road some time between 9 p.m. and 1:30 a.m. Anybody with information is asked to contact Deputy Kevin McCarthy at 345-3000, ext. 3237.

UPDATE 8:04 a.m.: An officer handling another similar incident inquired with dispatch about other reports overnight. There was another car vandalized in the city that was reported early this morning and a car break-in on Park Road.

UPDATE 9:25 a.m.: Batavia PD dispatched to Batavia Commons and Valu Plaza for more tires slashed.

Margarita's closes

By Howard B. Owens

Margarita's Mexican Restaurant on Jackson Street has closed.

Owner Carlos Hernandez was not available for comment today.

NOTE: If you bought a Margarita's gift certificate from The Batavian within the past 30 days, return it to us for a refund. No refunds will be issued without return of the physical gift certificate and the purchase must have been made in the past 30 days.

Car into tree, injuries reported on Byron-Holley Road

By Howard B. Owens

A car has hit a tree and injuries are reported in the area of 6481 Byron-Holley Road, Byron.

Byron and South Byron Fire and ambulance dispatched.

UPDATE 9:30 p.m.: Byron chief reports minor injuries.

UPDATE 9:44 p.m.: All units back in service.


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Weather: Snow coming, advisory issued

By Howard B. Owens

From 3 to 6 inches of snow is expected to hit Genesee County overnight.

A winter weather advisory has been issue for 7 p.m. through 11 a.m. The heaviest snow fall is expected from between 10 p.m. and 6 a.m.

Winds are expected to come from the northeast at 10 to 20 mph.

Photo: A dormant cornfield off South Main Street Road, Batavia, just before noon today.

Photos: Swamp Road barn fire

By Howard B. Owens

An old barn -- the owner believes it was the oldest on Swamp Road -- was destroyed in a fire of undetermined origin this afternoon.

The barn was owned by Howard and Sandra Lee Brew, of 7557 Swamp Road, Bergen. Brew said he has lived on the farm, once owned by his father, his entire life. He's 67.

Bergen Fire Department along with mutual aid from several other departments (we don't have the complete list yet, but we believe it included Byron, South Byron, City of Batavia (Fast Team), Town of Batavia, Le Roy, Brockport, Churchville, Holley, Pavilion and York, which had a crew on standby in its hall.  The Sheriff's Office and Emergency Services were also on scene.

The initial call came in at about 12:50 p.m.

(Initial Report)

More pictures after the jump:

Going in circles in the Oak Street roundabout

By Howard B. Owens

A police officer has been dispatched to the Oak Street roundabout to check on a report of a tan sedan going in circles through the roundabout, repeatedly, at a high rate of speed.

Barn fire on Swamp Road, Bergen

By Billie Owens

A barn fire is reported at 7557 Swamp Road in Bergen. The smoke is visible for miles around.

Bergen Fire Department is responding. A Le Roy ladder truck is called and an engine is to stand by at Bergen's headquarters. An engine from Churchville is called to assist. The city Fast Team is also requested and a pumper from the Town of Batavia.

The location is between Jericho and Pocock roads.

UPDATE 1:10 p.m.: A tanker is requested from both Byron and South Byron. They are to approach from the west. Pavilion is called to stand by in Le Roy's hall. Mercy medics are responding to the fire.

UPDATE 1:33 p.m.: The fire is under control and the firefighters are working to overhaul the structure. Pavilion's crew that was on standby in Le Roy's hall was moved to Sheard's Antiques & Guns on South Lake Road to standby for two districts -- Le Roy and Byron.

UPDATE 1:42 p.m.: The overhaul operations are expected to take quite some time. The ladies' auxiliary is called to provide refreshments.

UPDATE 1:47 p.m.: The owner told us that he believes the barn was built in 1919 and that it was the oldest barn on Swamp Road. It was completely destroyed by the fire.

UPDATE 1:50 p.m.: The owners are Howard and Sandra Lee Brew.

UPDATE 1:58 p.m.: Howard Brew said he grew up on this property, which was his father's. One section of the barn was older than the rest of it, but he's not sure how much older. The Brews grow wheat, corn and oats and they raise geese and goats.

UPDATE 3:34 p.m. (by Howard): Departments are starting to go back in service. Firefighters are down to one charged line while other volunteers have started rolling up hoses.

UPDATE 4:30 p.m.: All units back in service.

Picture taken at 12:54 p.m. by Taylor Cecere.

Oak Street resident can keep his ducks, but must comply with new conditions

By Howard B. Owens

An Oak Street man with a fondness for waterfowl will get to keep his ducks and continue some of his hobbies in his yard, but with new restrictions.

As part of a plea bargain, Ron Graziaplena, of 172 Oak St., admitted to keeping debris in his back yard, a violation of city code, and agreed to a number of conditions on his continued ability to keep 10 mallard ducks as pets and grow tomatoes and build waterfowl-related projects.

The deal was worked out Friday afternoon over three and a half hours, at a time when his trial on numerous alleged code violations was scheduled. Almost all the negotiations were held in open court with Batavia City Court Judge Robert Balbick presiding.

Balbick told Graziaplena that he would be fair with him if Graziaplena made substantial progress toward complying with the plea agreement between now and his sentencing on April 15.

The main agreement regarding the ducks is that Graziaplena can keep only 10, except when there are hatchlings, which must be released in an Elba swamp owned by Graziaplena's family before Oct. 1 of each year.

A neutral, non-governmental, qualified inspector will visit the property twice a year -- on or about July 1 and on or about Oct. -- to ensure Graziaplena is maintaining only a 10-duck population and they are kept in sanitary, humane conditions.

Graziaplena will be required to build a six-foot-high stockade-type fence along his south property line from the garage to the back corner of the lot and for some distance along the back property line. 

He must also install a stockade-style gate across his driveway from the southeast corner of his house to his property line on the south.

The gate is intended to create a visual barrier for anything on his driveway, from construction materials for his projects and his tomato boxes.

Graziaplena prefers to work on his projects in the front yard. He can continue to do so during the day, but come nightfall, he will be required to put all construction materials behind the gate.

He must also keep his BBQ grill behind the gate rather than in the yard.

In recent months, Graziaplena has mounted a number of duck decoys atop 10-foot-high poles along his south property line, and more recently added waterfowl-themed wind vanes that he said he made.

He acknowledged that some of his neighbors are aggravated by the poles, but said the decoys are left over from his hunting days and just a symbol of his hobby. He said he plans to start selling the wind vanes.

"I've gotten many compliments on them, your honor," Graziaplena said. "Several of my friends want them for themselves. Perhaps you would like one?"

Balbick said he couldn't accept the offer.

The judge ordered that all of the pole structures be taken down before sentencing and that they remain down for at least the duration of Graziaplena's conditional discharge (a six-month period after his sentence in which Graziaplena must remain violation free to avoid having the original charges reinstated).

Graziaplena also keeps a boat on the north side of his house. He must either put a driveway on the north side to set the boat on or start keeping the boat on his south side driveway.

About a half dozen of Graziaplena's supporters were at the courthouse Friday, many of them planning to testify in the trial. One neighbor who is unhappy with the situation on Graziaplena's property attended the hearing.

"I want to see that property code compliant," Balbick told Graziaplena after accepting his guilty plea. "I'm not going to punish you just for the purpose of punishing you, but I do have an obligation to the people of this city to see that the yard is safe and there isn't debris strewn about throughout the yard and that the yard is sanitary."

Photos: Take at Graziaplena's residence on Friday.

Two rollover accidents in Alabama

By Billie Owens

Two rollover accidents, one with minor injuries, are reported in Alabama.

One of them is at 1564 Lewiston Road, near Church Street. Alabama Fire Department and Mercy medics are responding.

The other is a 1790 Judge Road and the vehicle is on its side. Oakfield Fire Department is responding, although it's in Alabama's district. No injuries. Mercy medics are responding nonemergency-mode to evaluate those involved.

Body of missing Darien man found during morning search

By Howard B. Owens

UPDATED 11:15 a.m.

The body of 73-year-old Kimberly Drew was found in Murder Creek this morning, about 400 yards from where his ATV overturned Friday afternoon.

Drew was reportedly out on his property gathering maple sap for his syrup business when he apparently tried to cross the swollen creek, according to Chief Deputy Gordon Dibble.

Dibble said it was a portion of the creek he frequently crosses, but this time the waters were much higher than usual. It's unclear what happened at that point.

Drew, who lived on Broadway Road, is a former town supervisor, serving from 2000 through 2003.

"He was a very nice man, a good guy," said current Supervisor David Hagelberger. "The town would like to express our condolences to his family and friends."

According to Dibble, Drew left his house about 1 p.m.  He was scene by somebody about 2 p.m.  Concerned family members reported him missing at 5:20 p.m.  His ATV was found on a portion of Murder Creek near on the south side of Route 20 in the Harper Road area of Darien. The creek passes under Route 20 just west of Harper Road.

More than 50 volunteer firefighters participated in the search, which began about 6:30 on Friday, was suspended overnight and resumed at 7:30 this morning.

Drew's body was found at 8:40 a.m. on the side of the creek. Dibble said the water receded overnight making the search easier.

In all, seven fire companies participated, including Darien, Corfu, East Pembroke, Alexander, Alden, Crittenden, Attica and Bennington. Genesee County Emergency Services and Sheriff's Office also participated in the search. During Friday's search, Mercy Flight was in the air for about 30 minutes before winds forced the helicopter back to base. Water rescue teams from East Pembroke and Alden helped in the search.

"It was a team effort," said Darien Chief Dale Breitwieser.

The cause of death has not yet been determined. Dibble said it's not known at this time if Drew sustained injuries in the accident or if there was another medical issue that precipitated the accident.

Wind rips roof off Kwik Fill at Jackson and Ellicott

By Howard B. Owens

The roof on the Kwik Fill at Jackson and Ellicott streets, Batavia, was peeled right off by strong winds this morning.

The incident was reported at 6:23 a.m.

City fire responded.

An electrical line was arcing so National Grid was called in to shut off power.

There is a wind advisory in place until 6 p.m 

The wind may hamper search efforts for the missing man in Darien.  It's possible that any aircraft that could be used to assist in the search will be grounded due to high winds.

Scattered snow showers are expected throughout the day.

Search for missing man in Darien scaled back for the night

By Howard B. Owens

The search for a man reported missing in Darien has been scaled back for the night and will resume at 8:30 a.m.

The 73-year-old man was reported missing late Friday afternoon. His ATV was found in a creek behind My Saloon of Route 20 near Harper Road.

Water rescue teams from Alden and East Pembroke fire departments participated in the search and will return in the morning.

Darien fire along with Alexander and Corfu fire departments are participating in the search.

Overnight, a smaller search team will remain in the area, periodically checking the creek, according to Tim Yeager, emergency management coordinator.

The Office of Emergency Services along with State Police and the Sheriff's Office are also taking part in the operation.

(Initial Report)


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Person suffers neck injury in car/deer accident

By Billie Owens

A person reportedly suffered a neck injury after a vehicle struck a deer at Route 19 and Pavilion Center Road.

Pavilion Fire Department is responding. A Monroe County ambulance was transporting a patient back to Monroe County and stopped at the accident scene, dispatch informed Pavilion.

Smell of smoke in Indian Falls residence

By Billie Owens

The smell of smoke is reported inside a residence at 8409 Indian Falls Road in Indian Falls. The basement of the home is flooded, too.

Oakfield, East Pembroke and Pembroke fire units are called.

UPDATE 8:03 p.m.: Assignment back in service.

Rescuers search for missing man in Darien

By Billie Owens

Firefighters are responding to an area near the juncture of routes 20 and 238 for a missing 73-year-old man. He has gone unaccounted for for five hours.

All Darien fire crews and medical personnel are called to the scene. Alexander fire is standing by in its quarters. Alexander, East Pembroke and Alden are also participating in the operations, along with Mercy EMS.

The area is near a creek and the East Pembroke Water Rescue Team is deployed. Fire police are rerouting traffic. A helicopter is also deployed. The man's cell phone was called but it's not on, or not working, and therefore not trackable. They are going to contact the phone company to determine the last known location of phone service.

UPDATE 7:33 p.m.: A responder on scene says "They are sending a generator and lights to the area of the ATV." Also, several ATV riders are searching the area, too.

UPDATE 8:15 p.m.: Bethany requested to fill in at Alexander's hall.

Car fire in Corfu

By Billie Owens

A fully involved car fire is reported on Route 77 in front of the Econo Lodge. That's located at 8493 Alleghany Road in Corfu.

Pembroke and Indian Falls fire are responding.

UPDATE 5:52 p.m.: The driver is out of the vehicle and is OK.

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