I've made several attempts at getting a picture of the Tonawanda Creek rail bridge at sunset. This evening, when I got there, I thought at first maybe I got there a few minutes too late. But this is probably my favorite so far (and don't be surprised if I post more of this subject if I like what I get in the future).

One person was injured when two cars collided at the intersection of routes 33 and 237 in Stafford this afternoon.

Sgt. Greg Walker's report says that a car was northbound on Route 237 at 12:41 p.m. and that it stopped at the stop sign, but then the driver allegedly proceeded across Route 33.

The second driver tried to avoid a collision, but the two cars hit on the shoulder of Route 33.

Injured was Ann C. Sewert, 53, of 8179 Prole Road Extension, Byron. She was driving a 2005 Toyota SUV on Route 33.

Sewert was taken by ground ambulance to UMMC with complaints of head and back pain.

The driver coming off of Route 237 is identified as Nicole A. Yeo, 23, of 1809 Saltvale Road, Warsaw.

Yeo was not injured in the crash. She was cited for alleged failure to yield right-of-way at a posted intersection.

Two council vacancies -- created by very different circumstances -- were filled in the Village of Oakfield.

Jason Armbrewster and Shelley D'Alba were unanimously approved as trustees.

They take the seats left vacant by the resignation of Melissa Cianfrini and the death of Sam Beckley.

Beckley died before the most recent Village election, but he faced no opposition so was re-elected.

Cianfrini was required to resign after accepting an assistant district attorney position with Genesee County.

UPDATE:  Village Mayor Rick Pastecki called this evening and said the village has found two "talented" trustees. He said Armbrewster is an impressive young man who is an engineer by trade. "He brings a lot to the table," Pastecki said. As for D'Alba, she's a former village clerk. "Shelley knows a lot about the intricacies of running a village," he said.

Remember the two Town of Batavia employees we found at Main and Ellicott one day last week counting cars?

A few days later, I ran into Town of Batavia Supervisor Greg Post and he explained to me why what they were doing was so important.

The town wants to make sure the state is working with up-to-date, accurate data before making a decision to reduce Ellicott Street from two lanes in each direction to one, with a turn lane down the center.

Disrupting traffic flow on Ellicott, Post said, could significantly hurt four of the county's biggest employers -- Hanson Aggregates, Chapin Industries, Graham Manufacturing and O-AT-KA Milk Cooperative. 

All four rely on big trucks being able rumble down Ellicott and if it turned out that reducing the number of lanes on the street through both the city and town added minutes to each trip, that could add up to a truck load of money.

Post said most of those trucks cost about $75 to $85 per hour to operate, so a five-minute travel delay adds about $7.50 to the cost of moving product or material.

"Ultimately, somebody has to pay for that delay," Post said.

And it's not just the local businesses that rely on smooth sailing down Ellicott, a lot of Western New York truck traffic passes through Batavia on Route 63.

By making the effort to get an accurate count a multi-jurisdiction effort, Post said he hopes the Department of Transportation will have better data to work with.

"The state has had budget cutbacks just like everybody else," Post said, explaining why a multi-agency approach made sense.

There were counters from the DOT out at the same time as the town employees.

As for using human counters instead of automatic counters in rubber hoses laid across the roadway, Post said people can pay attention to where cars turn, not just that they passed over a certain spot. Also, since we're not out of snow season yet, the counting boxes could be easily damaged if plowers were put back into action. He said costwise, it doesn't make that much difference -- a lot of boxes would have needed to be placed on Main and Ellicott to get an accurate picture of traffic patterns.

"This is just an effort to find all the most accurate and up-to-date information possible," Post said. "This is a major project. We want to get it right. There's the old saying, 'measure twice, cut once.'"

The responsibility for maintenance of property in the City of Batavia -- landlords or tenants -- was a topic of discussion again on Monday night during the City Council meeting.

Councilman Bob Bialkowski raised issues brought up at a recent Neighborhood Improvement Committee meeting, when City Court Judge Robert Balbick paid the committee a visit.

Bialkowski wanted to know if enforcement actions were being taken against the right people, and whether some matters might be better turned over to the police.

City Attorney George Van Nest and City Manager Jason Molino said most of the matters that reach a court hearing stage are targeted at the right people -- the landlords -- because they are "brick and mortar" issues.

Molino said 25 of the last 28 court cases the city has prosecuted have been for such structural issues as peeling paint, rain gutters, fire damage and roofs.

"That's something we to focus on," Van Nest said.

Now that summer is rolling around, there will be more attention paid to debris issues, Molino said, but letters will be sent to both tenants and landlords.

Molino said the city's efforts are paying dividends and that many landlords are working with the city to identify and address problems.

"The enforcement is happening, the compliance is happening, much faster than it has in the past," Molino said. "I think the system that we’re using, the accountability system, is really being followed."

Bialkowski said he would like to see city police and code enforcement work more closely with landlords on cases where a tenant has seemingly engaged in criminal conduct before vacating an apartment or house.

"The judge thought some of these might be taken up as a criminal matter because they are so malicious," Bialkowski said. "I remember a couple of yeas ago, a friend of mine did serve an eviction notice on a tenant and he showed me pictures of the aftermath – this was way beyond civil – they just basically destroyed this entire dwelling. We need to look at possibly some communication with the police and code enforcement on what is the best way to handle this."

Molino said the police will look at possible criminal matters, but building an actual criminal case can be difficult and, after the meeting, Chief Randy Baker agreed.

"We have a level of proof to meet before it’s a criminal matter," Baker said. "One is, was it intentionally done or recklessly done? Then it’s a matter of identifying who did the damage. We can’t always meet all those criteria, so sometimes we can’t file the criminal charges."

Molino also noted that keeping a property in compliance is also a landlord responsibility because it's the landlord who approved the tenant in the first place. He suggested that local landlords do a better job of communicating with each other about bad tenants.

"Some of the responsibility ultimately falls on the landlord in these cases to do their proper review, their proper screening on tenants and the history of tenants," Molino said.

A strongly worded resolution asking Albany to restrict where convicted sex offenders can live is the extent of the action the city can take on the issue, the Batavia City Council agreed last night.

The council, by unanimous consent, asked city staff to draft a resolution and bring it to the council's next conference meeting for discussion.

"To pass a law just to pass a law that we know won’t take effect, just seems like futile effort," Council President Marianne Clattenburg said.

City Attorney George Van Nest informed the council that state law preempts the council's ability to pass a local law restricting where Level 2 and Level 3 sex offenders can live. He said such a law would not likely withstand a court challenge.

While state laws do not specifically spell out where sex offenders can live relative to schools, playgrounds, churches and daycare centers, state law does give the power to parole and probation divisions to set restrictions on sex offenders, on a case-by-case basis.

The council's inability to pass a local law was disappointing to Councilwoman Rose Mary Christian, who has been pushing for passage of such a law since she started receiving complaints about a Level 3 sex offender living in her ward. She said she was ready to take the chance that a local law would get challenged.

"It's for our children," she said.

Clattenburg read a column from the Albany Times-Union that listed a number of legislative attempts to pass bills that more specifically restricted where Level 2 and Level 3 sex offenders can live, but all of the bills failed to get Assembly or Senate support.

"The failure of the state to act on these things -- and obviously there’s been enough interest in that all these things have been proposed and not acted on -- really has left municipalities such as ours with our hands tied," Clattenburg said.

Councilman Bill Cox first proposed a resolution be sent to Albany, and Councilman Bob Bialkowski made the point that not all sex offenders are pedophiles. He said it's up to parents, friends and neighbors to be on the look out for unusual behavior.

He noted that it isn't always possible to know when a convicted criminal from another state is in Batavia.

“We have to watch for strange people where they shouldn’t be," Bialkowski said. "That’s the bottom line.”

Photos: Top, Van Nest, right with City Manager Jason Molino; Inset, Rose Mary Christian.

Jacob James Meinhold, 19, of 2537 Dodgeson Road, Alexander, is charged with two counts each of petit larceny, criminal trespass and criminal mischief. Meinhold is accused of trespassing on the property of U.S. Gypsum, 2754 Pike Road, Alexander, and on two separate occasions, of breaking a lock and stealing fuel. The first alleged incident was on March 23 and the second on March 28. On April 16, it was reported that Meinhold was involved in an alleged burglary.

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.

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Get started on your spring gardening projects. We have a $25 gift certificate for $12.50.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for five weeks of yoga, a $50 value, for $25.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

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. We have a $20 gift certificate for $10.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Settler's Restaurant, 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.

The Color Salon, 35 Center St., Batavia, NY: Susan Francis, the owner and stylist at The Color Salon reminds women, "your hair is your greatest accessory." Francis has more than 20 years of experience helping women get the best hair color. We have a $50 gift certificate for $25.

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.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

An Elmira woman accused of killing a toddler from Batavia has been indicted by a Chemung County grand jury on a charge of murder, 2nd.

Melissa S. Englehardt, 24, is also charged with manslaughter, 1st.

Twenty-one-month old Andrew John Cianfrini died while allegedly in Englehardt's care. He was found dead Nov. 10, 2009.

Englehardt is his stepmother, and she allegedly slipped methanol into his drink cup, causing his death.

The grand jury indictment says Englehard showed "a grave indifference to human life" as part of the murder, 2nd count.

She remains in a Chemung County jail and her bail has been increased from $20,000 to $100,000.

Andrew lived with his mother, Kristen Cianfrini, in Batavia.

The child's father is George Englehardt.

There are times you can stand in the parking lot next to the vacant Latina's market and swear that you were on the film set of  The Birds. The screeching gulls seem to get louder and grow in number.

But rather than swoop down and pluck your eyes out, these feathered varmints are more likely to poop on your car.

And those droppings have area residents complaining once again, but to little avail. 

According to City Manager Jason Molino, there is no city ordinance that the property owner is violating by allowing gulls to nest on the Latina's roof.

When the city had a problem with gulls on top of City Hall, it got a DEC permit to remove the gull eggs. Once the gulls can't nest on a roof, they look for another nesting location.

Last year, we are told, the Latina's owners didn't do anything about the gulls.

Vito Gautieri is a co-owner of the building. He hasn't returned the call The Batavian placed to his office on Thursday.

A Rochester-based home-healthcare provider has completed its purchase of Genesee County's home nursing care program.

Home Care of Rochester, HCR, received what's known as a "certificate of need" from the State Department of Health, which is required for it to provide both long-term and short-term home nursing for Genesee County patients.

Since March of 2009, when HCR acquired the program from the county for $1.5 million, HCR has been operating in Genesee County under the county's certificate of need.

With the purchase, HCR replaces the county-owned program. HCR will now handle all acute, longer-term, therapy and home health-aide services for patients receiving insurance coverage via Medicare or Medicaid.

HCR also provides care through private insurance.

Joshua Cordero McIver, 22, of 130 Third Ave., Apt. 18H, Brooklyn, is charged with criminal trespass, 3rd. McIver is accused of entering Pine Hall at College Village after being banned from the premises. He was jailed on $1,000 bail. Last week, McIver was arrested for allegedly trespassing at College Village. At the beginning of April, McIver was arrested for allegedly trespassing at College Village. In January, a Joshua C. McIver was arrested at College Village and charged with unlawful possession of marijuana.

Devonte Andreas Rolle, 18, of 136 Bank St., Batavia, is charged with aggravated harassment, 2nd, and harassment, 2nd. Rolle allegedly made a threatening phone call to a person. After the phone call, Rolle allegedly punched that same person in the face several times. Rolle was arrested by Deputy Frank Bordonaro on Haven Lane in the Town of Batavia at 6:40 p.m., Saturday.

Ryan David Wood, 18, of 6 Prospect Ave., Batavia, is charged with unlawful dealing with a child. Wood is accused of hosting an underage drinking party at 8219 Prole Road Extension, Stafford. He was arrested at 1:04 a.m., Saturday by Deputy Jason Saile.

Kyle Ramone Lewis, 23, of 253 Albermarle St., Rochester, is charged with aggravated unlicensed operation, 3rd. Lewis was turned over to the Genesee County Sheriff's Office by Erie County Correctional Dept. to answer charges out of the town of Batavia and Byron. Following arraignment in Byron, he was arraigned in Batavia. Byron Court set bail at $250 and Batavia set bail at $100.

Andrew John Rock, 23, of 7 Fisher Park, upper, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and controlled substance not in the original container. Rock was stopped by Deputy Patrick Reeves at 8:06 p.m., Friday, on Route 33, Stafford. Reeves found Rock allegedly in possession of hallucinogenic mushrooms, hydrocodone and marijuana.

Jacob Edmend Lamberston, 21, no permanent address, is accused of being a fugitive from justice. Lamberston was arrested by Le Roy Police after being found in an apartment by Sgt .Michael Hare, who was investigating an unrelated matter. A check of records found that Lamberston is allegedly wanted in Seminole, Fla., for a violation of probation.

Jesse Eric Reidel, 18, of 2605 Dodgeson Road, Alexander, is charged with burglary, 3rd. Reidel is accused of using force to enter the Oil Doctor, 4003 W. Main St. Road, Batavia, where he allegedly stole vehicle-inspection stickers. The alleged break-in occurred on Dec. 7 around 10 p.m.

Michael J. Walters, 49, of Lackawanna, is charged with DWI and driving with a BAC of .08 or greater. Walters was stopped by State Police at 9:46 p.m., Saturday, on Angling Road in Pembroke.

Lindsey L. Palmeri, 20, of Rochester, and Richard L. Jackson, 22, of Rochester, are both charged with unlawful possession of marijuana. Palmeri and Jackson were stopped by State Police on Route 77, Pembroke, at 4:05 p.m., Friday.

Accidents from the State Police blotter:

5:50 p.m., April 24, Sandpit Road, Alexander, one vehicle; Driver 1: Melissa Sachanowski, 26, of Alexander. No injuries reported.

10:59 a.m., April 23, Batavia-Oakfield Townline Road, Batavia, two vehicles: Driver 1: Aken V. Wariebi, 44, of Rochester; Driver 2: David M. Baran, 44, of Williamsville. One injury reported.

6:16 p.m., April 24, mile marker 401.5, eastbound Thruway, Pembroke, one vehicle; Driver 1: Thomas A. LaBelle, 41, of Wynanstkill. No injuries reported.

12:23 a.m., April 25, mile marker 384.4, westbound Thruway, Stafford, one vehicle; Driver 1: Mark A. Halla, 53, of Amherst.

Batavia Police have been notified that sometime in the next hour, National Grid will need to shut off the electricity at the intersection of Ross and East Main streets for an emergency repair.

Take a look at more WNY photos at my blog at www.darrickcoleman.com!

Those in attendance at the Elba Music Festival Friday night certainly heard a wide variety of music. The 13 acts that performed ranged from a church choir to a punk-rock band to a barbershop quintet.

Featured performers were the Elba Concert Band, the Elba Presbyterian Church Choir, Dakota Hirsch, the Elba Saxophone Quartet, James Earl, the Genesee Chorale, the Elba Jazz Ensemble, Dixie Hirsch, Scene 7, Andrew Lacey and Michaela Stewart, M.A.C., Dillon Hirsch, and the Batavia Blue Belles. 

Here are two photos from the event: the Genesee Chorale; and the Batavia Blue Belles.

You know if I'm out in the towns, I'm going to be looking for barn pictures.  This one I found on Bethany Center Road.

After the jump are more pictures I took today as I drove between Batavia and Genesee County Park.

City and county officials were heading up Earth Day/Arbor Day activities at three locations in Genesee Park. At Austin Park, the city hosted a park clean-up day. At Dewitt Recreation Area, volunteers and children were out to clean up the park, plant trees and post birdhouses, and at Genesee County Park, volunteers were on hand to clean up the trails.

After the jump are more pictures:

An accident has been reported on the eastbound off-ramp, Exit 48, of the Thruway. There are apparently injuries.

Pembroke and Indian Falls fire are responding.

UPDATE 5:28 p.m.: Pembroke fire chief reports one victim with a shoulder injury. The patient is trapped in the car, but extrication is not possible until traffic is under control.