A motor-vehicle rollover accident with injuries is reported at 7201 Big Tree Road. It's between Perry and Boyd roads. Two Pavilion EMTs are on scene. Pavilion Fire Department is responding. Wyoming County is sending a deputy to the location. Fire police are called to routes 63 and 246 for traffic control.

UPDATE 2:04 p.m.: Two ambulances are called in. There are two victims, one is elderly and the other is a child.

UPDATE 2:08 p.m.: There are actually three patients, two of whom have minor injuries. A 58-year-old male has a serious head laceration, but he has not lost consciousness. The vehicle rolled over numerous times.

UPDATE 2:42 p.m.: The roadways are reopened.

A car struck a pole, but the driver is not injured, on the Tonawanda Indian Reservation. The location is 7405 Reuben Road. The pole is leaning and there may be wires down. Alabama Fire Department is responding.

UPDATE 1:49 p.m.: The pole is down and blocking one lane of traffic.

UPDATE 4:26 p.m.: The roadway is clear and Alabama is back in service.

A car struck a pole and there are minor injuries. The location is 2615 Stegman Road in the Town of Batavia, west of Powers Road. East Pembroke Fire Department is at the scene. Mercy EMS is dispatched. The pole is still intact. National Grid will be called to check it out.

UPDATE 1:41 p.m.: Two children were taken to UMMC. A 6-year-old boy has ear pain and an 8-year-old girl has elbow and knee pain.

A head-on collision with one person ejected from a vehicle is reported at Route 5 and Hopkins Road in the Town of Batavia. The person is semiconscious. Mercy Flight in Buffalo is called, but is not able to fly. The helicopter is Batavia is being contacted. Route 5 will be shut down at Wortendyke  and Powers roads.

East Pembroke Fire Department and State Police Sheriff's deputies are on scene. Mercy medics are responding. Town of Batavia Fire Department is called to provide mutual aid as this is in East Pembroke's fire district.

UPDATE 12:12 p.m.: There are five people involved. Two are children who appear to be OK but will need to be checked out. Two adults are able to walk. One is seriously hurt.

UPDATE 12:20 p.m.: Ambulances from Oakfield and Darien are requested to the scene. They will be providing the third and fourth ambulances responding, respectively. A snow bank has been cleared to enable the Batavia Mercy Flight to fly. A landing zone is being set up in a yard on the southeast corner of Hopkins Road.

UPDATE 12:24 p.m.: The grass in the yard is too wet to land the helicopter, so it will land in the middle of the roadway on Route 5.

UPDATE 12:30 p.m.: Because of safety issues, the helicopter will not being landing on Route 5. Instead, it is being directed to the paved back parking lot of a nearby building.

UPDATE 12:32 p.m.: Mercy Flight is on the ground.

UPDATE 12:50 p.m.: Mercy Flight is airborne, headed to Erie County Medical Center with the seriously injured adult. Two adults children are being taken to Strong Memorial Hospital for evaluation. Darien is going to UMMC with a 48-year-old male truck driver who's complaining of ankle pain and has "a brush burn on his nose." Preliminary indications are that the driver of a minivan lost control of the vehicle, which then crossed the center line and was struck head on by a semi pickup truck. An adult passenger in the pickup truck was uninjured.

UPDATE 2:07 p.m.: The roadways are reopened. East Pembroke is back in service.

Normally, the sky serves as a backdrop for innumerable photo subjects and under a variety of conditions. But there are those times when the sky itself is the subject. On such occasions the sky needs no help, no setup, all by itself it steals the show...this sunrise as seen from Genesee Community College literally stopped me in my tracks. After I snapped the above photo, the following moments were like looking into a panoramic viewfinder as the horizon went through some rapid changes...

Shape-shifting clouds, intense yellows, red and orange. Whether it be described as moving, inspirational or spectacular...it was totally surreal.

The pics hardly do the scene justice -- what you see in the photos spanned the horizon from north to south, an unbroken view of the entire surrounding area.  There is certainly something to be said for rising early.

Once autumn foliage is gone, bony branches and various moon phases offer a variety of photo ops. This pic has a Halloween look to it.

Playing a waiting game with the moon, wind and clouds...

It was a crisp, cold winter night when I pointed to the crescent moon and my dad promptly told me it was one of his fingernails he had thrown into the sky. Yeah, I believed him...I was of pre-school age at the time.

This is one of Claudia's favorite evening photos taken from our back yard. 

Another of Claudia's photos...it reminds me of  a '50s and '60s TV ad...hint: "plop, plop, fizz, fizz."

Late in the day cloud bank, August 2011

Lunar nocturne

A one-vehicle rollover accident has been reported in the area of 7459 Randall Road, Le Roy.

The location is just west of Route 19.

Le Roy fire and ambulance in route.

Dispatchers are checking the availability of Mercy Flight.

The driver reported the accident. He's out of the car but shaken up. A law enforcement officer on scene asks that the ambulance expedite its response.

A pole is snapped and wires are hanging low.

UPDATE 11:44 p.m.: The pole is a telephone pole.

UPDATE 11:45 p.m.: No need for Mercy Flight.

UPDATE 11:48 p.m.: Roads being shut down at Randall and West Bergen and Route 19 and West Bergen.

UPDATE 11:56 p.m.: Patient being transported to Strong.

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Not a lot of wind damage to report so far tonight -- but a window at the WBTA radio studios at Main and Center streets blew out about an hour ago. Frank Bellucci and his son, Frank Jr., from Short Notice handyman service responded to put a patch on the damage.

In other weather-related news (posted by Billie):

UPDATE 8:12 p.m.: Wires are arcing on a pole at 9009 York Road. Le Roy Fire Department is called. National Grid has been notified. The pole number is 8982. Le Roy Fire Police are called to shut down traffic at York Road and Route 5 and also at York and Harris roads.

UPDATE 8:16 p.m.: A transformer is involved. Additional manpower is requested.

UPDATE 8:38 p.m.: A large tree is reportedly down and blocking traffic in the vicinity of Circular Hill and Oatka Trail roads in Le Roy. The county highway department has been notified.

UPDATE 8:47 p.m.: The wind is wreaking havoc on the windows at the dilapidated Wiss Hotel, located at 78 Main St. in Downtown Le Roy. "Two windows are smashed in front of the place and I don't know if anymore are going to come out," a witness told dispatch. Meanwhile, a rep for National Grid is on scene at the York Road arcing pole incident.

UPDATE 9 p.m.: York Road is reopened. Le Roy units responding to that call are back in service. National Grid is handling the situation.

UPDATE 9:03 p.m.: The glass in front of the Wiss Hotel has been swept up and disposed of.

UPDATE 9:04 p.m.: County highway department workers and Sheriff's deputies are on scene at the site of the fallen tree on Circular Hill Road. Le Roy firefighters were also there but are now clearing and back in service.

A rollover accident with injuries has been reported in the area of 10605 S. Lake Road, Pavilion.

Pavilion Fire Department and Mercy EMS dispatched.

UPDATE 4:35 p.m.: Car in the water. All people out of the car.

UPDATE 4:52 p.m.: One person is being transported to Strong Memorial Hospital. Pavilion fire is back in service.

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The governor's office is announcing today that PepsiCo along with a German dairy company, is building a Greek yogurt plant at the Genesee Valley Agri-Business Park.

The announcement confirms reports first published exclusively by The Batavian in November on the name of the company behind the once-secretive Project Wave.

The facility will employ 186 people in the first three years, according to Steve Hyde, CEO of the Genesee County Economic Development Center.

"This validates our strategy of building shovel-ready sites and validates that our community and our region are well positioned for companies to locate here," Hyde said. "For a Fortune 50 company to validate our strategy -- I'm tickled pink to have a company like that commit to come here."

The plant is a joint venture between PepsiCo and the Theo Muller Group.

GCEDC helped spearhead negotiations that involved Empire State Development  providing PepsiCo with a $5.7 million PILOT tax abatement over 10 years and relief from $5.4 million in sales tax on construction materials and office equipment.

Hyde said Project Wave is the biggest new manufacturing operation to come to Batavia since Sylvania opened its plant here in 1953.

Lance Engel

Three Batavia men, including two city firefighters, who are accused of operating an illegal gambling operation, are being released from jail this afternoon following a bail review hearing in city court.

All three entered not guilty pleas to the charge of criminal possession of gambling records, a Class E felony.

Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home, were arrested Thursday following a six-month investigation.

The trio was initially arraigned Thursday and Justice Robert Balbick was required, because of the felony charge, to order them held in Genesee County Jail without bail pending a report by Genesee Justice of their bail status.

The report on all three recommended, because of their strong ties to the community, that they be released on their own recognizance.

Attorney Larry Andolina is representing Phillips. Asked what he made of the charges, he replied to a reporter, "Are you looking for something other than dumb?"

He added, "I think prosecuting somebody for gambling in New York State is at best, dumb. As I was leaving the Sheriff’s department today, there’s a sign with an arrow that says 'Batavia Downs Race Track and Casino' and it points that way. If you drive down that way, there’s lottery tickets on every corner, there’s Power Ball every where, I just don’t understand it."

Phillips is a longtime resident with extended family in the area. He's married with children and owns his home. He's worked for the city 17 years.

Phillips is also accused of possessing a small amount of cocaine and is charged with criminal possession of a controlled substance, 7th.

Bordinaro is married, too, with one child at home and he's a homeowner. He's been employed by the city 18 years.

Engel has a wife and three children, owns his home and has been employed by the state for 17 years.

The alleged bookies had several friends and family members in the courtroom during the hearings.

Anolina explained that under state civil service law, the two city firefighters will stay on the payroll until the department files charges. Once charges are filed -- this is a process outside the judicial system -- the department will have 30 days to hold a disciplinary hearing or reinstate their pay.

The Rochester-based attorney reminded reporters that "suspects are innocent until proven guilty."

"These are good people," he said. "They are good men. We’re not dealing with people who are bad people. They are good family men."

COMING: The Sheriff's Office conducted a press conference this afternoon. We'll post a separate story on that later.

A 49-year-old man who participated in a residential burglary at the alleged prompting of an associate pled guilty this morning after some discussion about whether he clearly understood the charges against him.

Frederick H. Robidoux Jr., 49, was spotted along with his alleged accomplice, Eric P. Doleman, 41, breaking into an apartment at 10 Maple St., Batavia, in the early morning hours of Dec. 29.

The occupant of the apartment, Edward R. Freida, had recently been arrested on drug charges and Doleman allegedly knew Freida was in jail and that he had coins and other property of value.

Robidoux initially claimed this morning that he thought Doleman had permission to enter the apartment and that he didn't know his associate would remove items from the home.

Judge Robert C. Noonan informed Robidoux that if what he was saying were true, then he couldn't be convicted of the crime of attempted burglary.

After Robidoux consulted with his attorney, Fred Rarick, District Attorney Lawrence Friedman read from a statement Robidoux made to Batavia detectives when he was arrested.

In the statement, Robidoux said Doleman had told him about an easy way to get money and that he stood outside the apartment while Doleman climbed through a window.

At that point, Robidoux said he better understood what he was being asked to admit to in order to plead guilty.

As a prior felony offender, Robidoux is facing from three to seven years in prison.

In 1999, he was convicted in Livingston County of sodomy.

Robidoux will be sentenced at 9:30 a.m., April 19.

The National Weather Service is warning that strong winds are blowing toward Genesee County and should hit around 3 p.m.

Gusts of 58 mph and greater are possible.

The warning is in effect until midnight.

A 45-year-old Bergen resident accused of being a child sex predator is facing a possible sentence of life in prision after pleading guilty this morning to a single Class A-II felony.

The minimum possible term for Stephen Irvine Stone is 10 years to life in prison, and the maximum mandatory sentence is 25 years to life.

Stone entered his guilty plea unconditionally in exchange for prosecutors not pursuing additional charges -- either those he's already been accused of, or others that might come from further investigation.

Stone was arrested on the first group of charges at the end of December, when he was accused of sodomy, 1st, rape, 1st and criminal sexual act, 1st. The charges stemmed from acts going back to 1997.

New charges were added in January when Stone was accused of predatory sexual assault against children, criminal sexual act, 1st, and criminal sexual act, 2nd.

In Genesee County Court today, Stone admitted to a sexual act with a child 13 years or younger.

As part of the plea deal, Stone agreed to provide the mother of his children with a power of attorney to sell his property for the benefit of the household.

Sentencing is set for 1:30 p.m., April 19. He remains jailed without bail pending sentencing.

UPDATED 10:07 a.m.

UPDATED 9:12 a.m.

Authorities report they have broken up an illegal gambling operation in the city that was being run by three men, including two city firefighters.

The trio was allegedly involved in running sports books, according to Sheriff Gary Maha.

Maha said investigators seized gambling records, computers and mobile phones.

"We won't know the extent of the operation until these are analyzed," Maha said, but he said investigators believe the client list was extensive.

The firefighters allegedly involved were possibly accepting bookmaking calls on their mobile phones while on duty at the city fire hall, Maha said.

The three men, who all live in Batavia, were charged with criminal possession of gambling records, a Class E felony. They were arraigned in city court and jailed without bail.

Firefighter Gregory Phillips, 39, of Belvedere Lane, was also charged with criminal possession of a controlled substance, 7th, after investigators allegedly found a small amount of cocaine during a search of his residence.

The other city firefighter charged was Brian Bordinaro, 43, of Prospect Avenue.

Also arrested was Lance Engel, 41, of Wade Avenue.

Investigators executed a total of four search warrents -- one on each suspect's home, and one on the lockers at the fire hall of the two city firefighters.

Phillips and Bordinaro were suspended from their jobs. Under NYS civil service law, they will continue to receive their salaries until the investigation is concluded.

The arrests were the culmination of a six-month investigation by the Local Drug Enforcement Task Force along with the Batavia PD, the Sheriff's Office and the District Attorney's Office. Maha said City Fire Chief Jim Maxwell and city administration cooperated in the investigation.

City Manager Jason Molino's office released a statement saying when city officials became aware of the alleged gambling operation, law enforcement was informed, which led to the investigation.

UPDATE 1:55 p.m.: Lance Engel is also a public employee, according to state records. He works as a cook at the Western New York Veterans Home in Batavia.

(The Batavian's news partner, WBTA, assisted in coverage of this story.)

New York Times Editorial: Donors With Agendas

Press release:

Los Angeles – Erin Brockovich today released the following statement regarding the EPA’s failure to ensure 235 drums of toxic waste were removed from the massive TCE spill in Le Roy, New York. The spill became the largest Superfund Site in the United States and the EPA did not know until alerted by Brockovich and her team in January of this year that the drums of hazardous waste had never been removed from the site of the 1971 train derailment that resulted in the massive TCE spill.

“The EPA clearly dropped the ball on the largest TCE Superfund Site in the country and their press release today is a feeble attempt to gloss over their abject failure in Le Roy. The Lehigh Valley Railroad derailment in 1971 was not a small event – it was a massive spill and the EPA had a responsibility to ensure that the polluter clean up the site, and remove the drums of toxic waste within 30 days of being filled. That never happened.

Instead, 235 barrels of hazardous toxic waste were allowed to sit unattended, unprotected and exposed to the elements to rust, decay and leach their toxic contents back into the environment. I’m curious to know if the EPA even reads their own press releases. On one hand, the EPA suggests they found no contamination in the barrels, but they go on to detail the contamination they did find, including TCE and cyanide.

While the EPA will try to convince the public that the levels of toxic contaminants in the barrels are low and not a concern, the sad truth is that they found any at all. And of course the levels are going to be low now after years of neglect that allowed those toxic chemicals to be reintroduced to the environment. What were those contaminant levels five years ago?

To make matters worse, the EPA didn’t even realize the barrels of hazardous material had never been disposed of properly. We actually alerted the EPA that the rotting barrels were still there in Le Roy. They had no idea.

The EPA is failing — it is not protecting people, it is not protecting the environment and we see this type of situation play out it communities across the country. Sadly, it takes citizens like me, and the people of the impacted communities, to speak up and fix problems that should have been dealt with years ago.”

A motor-vehicle accident with "very minor injuries" is reported on Route 5, west of Indian Falls Road. Law enforcement is on scene. East Pembroke Fire Department and medics are responding.

UPDATE 8:06 p.m.: An "older male" complains of an arm injury and back pain following this car vs. deer accident. He is being transported to UMMC for evaluation.

Three Genesee County residents -- including one who was previously accused by the feds of distributing methamphetamine but had the charges dropped -- were indicted today and accused of being part of a Hells Angels meth distribution ring that stretched from California to New York.

Donna L. McAuley (aka Donna Boon), 46, of Batavia Oakfield Townline Road, Batavia, was originally accused in July 2010 of being part of a meth distribution ring led by 47-year-old Donald G. Vanelli, of Le Roy.

Vanelli is serving a 17-and-a-half year federal prison term after pleading guilty to procuring from suppliers and distributing between 5 and 15 kilograms of methamphetamine from 2004 through July 2010.

But McAuley's charges were eventually dropped and in July 2011 she proclaimed her innocence.

Today, McAuley was charged with possession with intent to distribute, and distribution of, 50 grams or more of methamphetamine between April 2010 and July 9, 2010. The charge carries a mandatory minimum sentence of five years in prison, a maximum sentence of 40 years in prison, and a $2,000,000 fine.

Also charged today was her husband, James H. "Mitch" McAuley Jr., 62, listed as a resident of Oakfield but who's currently confined to Elkton Federal Corrections Facility in Ohio.

The indictment, according to the office of William Hochul, U.S. Attorney for Western New York, is a "superseding indictment," meaning it overrides a previous indictment that accused Mitch McAuley and others of being part of a criminal enterprise involved in drug trafficking and conspiracy to commit murder.

The third Genesee County resident indicted was Gordon L. Montgomery, 53, of Batavia. He is accused of being part of the same meth ring as Donna McAuley and being involved in trafficking 500 grams or more of methamphetamine between 2002 and July 9, 2010.

Also indicted today were alleged Hells Angels President Richard W. Mar, 60, of Monterey, Calif., along with alleged Rochester Hells Angels members Richard E. Riedman, 38, of Webster, Jeffrey A. Tyler, 47, of Rochester, and Paul S. Griffin, 58, of Blasdell.

All are charged with conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. The charge carries a mandatory minimum sentence of 10 years in prison, and a maximum sentence of life in prison, and a $4,000,000 fine.

Previously charged as part of the indictment was alleged Rochester Hells Angels Member Robert W. "Bugsy" Moran Jr., 59, of Rochester. Timothy M. Stone, 31, of Gates, and Gina Tata, 47, of Rochester.

The indictment is the culmination of an investigation by FBI agent Christopher M. Piehota, New York State Police under the direction of Major Mark Koss and the Rochester Police Department under the direction of Chief James Sheppard. Prosecution is being led by Brett Harvey of the U.S. Attorney's Office.

A motorhome is reportedly on fire and fully involved in the area of ABC Glass on Ellicott Street near Jackson Street.

City fire is on scene. A second alarm is being sounded for crews to stage at city fire headquarters.

UPDATE 6:12 p.m.: A caller reported seeing smoke around the U.S. Chrome facility, located at 31 Swan St., and city firefighters staged nearby. The caller, who also lives nearby, was interviewed but it was determined that the person saw residual smoke from the motorhome fire. City crews are back in service. The motorhome fire has been extinguished.