There are old grave yards with tilting and weathered headstones all over Western New York. 

These aging cemeteries were the final resting place for pioneers, heroes and entrepreneurs who helped settle what was once considered "the west."

In Bergen, you can find the grave of Jesse Townsend, who is believed to be the first marked burial in the township. He died  September 25, 1809 at the age of 87. Nearby in the Barr Burying Ground, opposite the James Barr residence, is Captain William Peters, who served in the infantry as a captain under General Wayne in the war of 1776.  His son is also buried there. He died in the first battle of the War of 1812.  Sharing this consecrated ground are James E. Davis and Wilbert Fuller, who died in the Civil War.

This hallowed ground had fallen into disrepair until members of the Bergen Town Board decided to clean up the cemetery.

“These historic markers of our great patriots and the founders of our town need to be preserved” stated Barry Miller. 

The Board voted unanimously to hire Derick Monument Company out of LeRoy to repair stones and rehabilitate any markers that could be salvaged.

Deputy Supervisor Don Cunningham wanted to thank the Highway Department and Superintendent Dave Roggow for initiating the clean-up. 

“Our Highway Department took the first steps to move broken head stones, remove limbs, and other large debris so the south east corner could be mowed," says Cunningham.

Bergen Town Officials met Saturday morning to finish the clean-up efforts and beautification of the East Bergen Cemetery. They did basic maintenance such as grooming, raking and also some historical documentation. 

“It is our duty as local officials to ensure that this history is here for years to come and I am committed to preserving the rich and interesting history that we have discovered in the East Bergen Cemetery” stated Rachel Millspaugh.

(NOTE: This report compiled from a press release from the Bergen Town Board.)

Just now, I searched Google News for "car larcenies" and got four pages returned of reports of break-ins from cars around the country.

I performed this search because of an e-mail I received from Deputy Brian Thompson of the Genesee County Sheriff's Office, who suggested the search and said, "County residents will immediately see why it is very important to lock their vehicles, keep valuables in the house and lock garage and house. Most of the crime that happens is opportunistic crime with devastating results. Being observant to surroundings is also very important in thwarting criminal activity."

We've carried this message before, of course, after initial reports of the spate of car break-ins in the City of Batavia. Even after the arrest of one person in connection with this spree, hardly a morning goes by that I don't hear a report of another larceny on the scanner.

This morning, we posted a report -- with a request for help in solving the case -- of a round of overnight break-ins on Hopkins Road.

It's wise to heed the warnings of law enforcement officers and ensure your cars are secured. Why make it easy for criminals?

From time to time, a reader writes in and says, "I can never get the deal of the day because I can't look at the site at work."  Tonight, a rare after-hours deal of the day.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lovers paradise. We have a $25 gift card for $12.50.

Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift certificate for $7.50.

Main St. Pizza Company, 206 E. Main St., Batavia, N.Y.: Main St. wins consistent praise from diners for every item on its menu, but of course Main St. is most famous for its pizza and wings. We have FOUR $5 gift certificates ($20 value, to be used together or separately) for $10.

Alex's Place, 8322 Park Road, Batavia, N.Y.: People come from all over the region for a fine dining experience at Alex's. Alex's is 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.

T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: 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. The patio is open. It's also a great place to host group events. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

Jackson St. Grill and Belladessa's Pizzeria, 9 Jackson St., Batavia., N.Y.: Ever try to eat one of their giant cheeseburgers? Can you beat the champ -- Mark's record time of 7 minutes, 13 seconds? We have a $10 gift certificate for $5.

Note: We're changing pick-up/mail policy. Please read.

A $1 PayPal service fee applies on items more than $10. The fee is 50 cents on items below $10.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before. Gift certificates cannot be combined with other offers without prior approval of the merchant. Gift certificates bought separately cannot be combined for a single purchase. By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. The winner has up to 48 hours to make arrangements to pick up the gift certificate at The Batavian office in Downtown Batavia, or, unless other arrangements are made, the gift certificate will be mailed to the address associated with the PayPal account.

Center Street Smoke House

SOLD

T.F. Brown's

SOLD

Sport of Kings

SOLD

Main St. Pizza

SOLD

Jackson St. Grill

SOLD

Alex's Place

SOLD

Officers are investigating a one-car rollover accident at 7229 Warboys Road in Bergen.

The father of the driver apparently picked him up and took him home before an ambulance arrived.  The nature of his injuries, if any, are unknown.

One of the main reasons for the recent success the Oakfield-Alabama football program has had is the work ethic coach John Dowd instilled in his players.

The weight room was a high priority.

Don't expect that to change as Dowd's replacement is an O-A grad that was known for his drive to be the best and time spent in the weight room during high school.

"I'm going to try my best to get the full potential out of these kids," said new coach Brian Palone, who graduated from Oakfield-Alabama in 1998. "I will work them hard and earn their respect, constantly telling them it's not about how big they are, but the amount of heart they put into it to get the job done."

Palone - who played football, basketball and baseball in high school - has some big shoes to fill and is ready for the challenge. Dowd led the Hornets to their first undefeated season since 1986 this past fall and the squad made the sectional finals, only to lose a great game against a powerhouse Le Roy squad.

He had a 50-12 record over the last six seasons and won a pair of sectional titles, all while stressing hard work and making the program one of the most respected in Section 5.

"There is a great tradition at Oakfield that I saw after graduating from there and seeing what (Dowd) did last year. He did a great job," Palone said. "I'm going to go in and try my best and see what happens. I told the guys that they need to give me 100 percent and I'll give them 100 percent and we'll do the best we can."

Palone will be returning to his alma matter as a first-time head coach.

He has been a teacher at Naples for the last six years and has been the varsity baseball coach for the last three seasons. But the school does not have a football program.

After playing all over the field in high school and as an outside linebacker for four seasons at Brockport, he was an assistant linebacker and wide receiver coach at Caledonia-Mumford for two seasons. He was on head coach Mike Monacelli's 2003 state title winning squad.

Palone then spent four years as a special teams coordinator and LB/RB coach at Wayland-Cohocton. While teaching at Naples, he gained more experience as a linebacker coach and assistant defensive coordinator with Marcus Whitman.

 "I've been wanting to get an opportunity to get back to Oakfield if a position ever opened," said Palone, who will also teach elementary physical education. "This is a dream come true to give back to the school that gave so much to me."

Dowd ran the Double Wing on offense and the Hornets simply wore teams down with size on the line, allowing multiple backs to go off at will. Palone expects to change things some, but will run a very similar offense.

"We are going to keep some of the same and blend in some other concepts this year," said Palone, who recently purchased a house in Farmington with his wife of seven months, Samantha. "I don't expect to change everything. I have lots of ideas, but some coaches make the mistake of going in and changing everything."

A severe thunderstorm warning for Genesee County has been issued until 6 p.m. by the National Weather Service.

Large hail, heavy rain, damaging wind and lightning are expected. Stormy conditions could continue, with a 60 percent chance of rain expected tomorrow.

A LeRoy woman spent her 51st birthday this morning pleading guilty to criminally negligent homicide and the criminal sale of a controlled substance.

The case stems from the March 10 death of Yvonne Hart, who used a skin patch containing the narcotic Fentanyl given to her by Joann M. Rusby, of 92 Lake St.

Rusby is scheduled to be sentenced concurrently for the felonies at 9 a.m., Tuesday, Oct. 6.

She waived the right to a jury trial by the "factual admission" of the "sale" of Fentanyl to Hart. Under state law, even though the drug was given to the victim and not sold for money it is still considered a sale because the giver knew it would be used illegally by the victim.

In explaining this, Judge Robert C. Noonan asked Rusby if she gave the transdermal patch to the 53-year-old knowing Hart would apply it to herself.

"Yes, sir," Rusby said softly.

The act resulted in the "unjustifiable death" of Hart, the judge said.

Fentanyl is one of the most widely prescribed synthetic opioids used to treat chronic pain. It is a Schedule II narcotic because of its potential for abuse and is 100 times stronger than morphine.

Rusby, who shuffled into court in shackles, appeared tearful, dabbing her eyes with a tissue. She sat with her shoulders slumped and took deep breaths from time to time.

She originally was charged with third-degree criminal sale of a controlled substance, third-degree drug possession and second-degree manslaughter, which could have resulted in up to 15 years in prison.

The indictment was waived and charges were reduced under a plea deal between Rusby's Batavia attorney Thomas Burns and District Attorney Lawrence Friedman.

As a first-time offender, she faces a maximum of nine years in state prison for the drug sale and one to four years for Hart's death, which will be served concurrently.

In addition, she can be fined up to $5,000. She must pay the justice system a mandatory surcharge of $350 for her crimes, a $50 fee for processing her DNA into the criminal justice data bank, and a 10-percent surcharge of any monetary damages awarded to the victim's family in a civil suit.

After she's released from prison, she'll be on parole for two years.

She remains in Orleans County jail in lieu of $25,000 bail.

In addition, Rusby was ordered to stay away from two women in connection with the case. The one-year order of protection was issued to Jessica Dempsey and Stephanie Arnold.

The courtroom was nearly empty at the hearing, except for myself and two women sitting on the prosecution's side, whom the defendant paid no attention to.

This Harley Fatboy will be awarded to a lucky winner of the Town of Batavia Volunteer Fire Department during community event Saturday, with the first drawing at 8 p.m. to midnight.

There will be food from Clor's and music by 7th Heaven.

The event is at the Town of Batavia Fire Department Recreation Hall, 8380 Lewiston Road.

Word is this morning, driver frustration is high on Oak Street, as portions of the road have been reduced to a single lane near Main Street.  Traffic is backing up southbound with occasional long lines both east and west on Main (but, then, long lines at Main and Oak aren't unusual).  A DOT supervisor at the site said "if the weather cooperates" the work will be done, from Oak to the Thurway, will be done in three days.

Meanwhile, if you're coming from into town from north of the Thruway, consider entering Batavia on State Street.

Here are a few items brought to my attention by Neal Boortz about the democrat health care proposal.

- Congressional Budget Office Director Douglas Elmendorf said "The health care overhauls released to date would increase, not reduce, the burgeoning long-term health costs facing the government,"

Don't believe me? Here's the link.

-"According to that assessment [from the CBO], enacting the proposal would result in a net increase in federal budget deficits of about $1.0 trillion over the 2010-2019 period."

Don't believe me? Here's the link.

-"A new report by the Lewin Group (commissioned by the Heritage Foundation) finds that the House Democrats' health care bill would shift more than 83.4 million Americans from private health care coverage to the government plan. To put that in perspective, that would mean that nearly half (48.4 percent) would lose their private health coverage."

Don't believe me? Here's the link.

-"Currently, the top rate is 35 percent. But in his budget President Obama proposed raising the top two income tax rates from 33 and 35 percent to 36 and 39.6 percent. Families in the top 20 percent of income earners already pay 94% percent more income taxes than middle-income families. The new surtaxes would extend progressivity at the top of the income spectrum and raise the disparity in taxes paid between middle- and low-income families and high-earning families."

Don't believe me? Here's the link.

-"In the six highest-taxed states, Oregon (11 percent top income tax rate), Hawaii (11 percent), New Jersey (10.75 percent), New York (8.97 percent), California (10.55 percent), and Rhode Island (9.9 percent), the top rates would be higher than all but Denmark among OECD countries if the Obama plan and surtax become law."

Don't believe me? Here's the link.

-"Under these higher taxes, families and small businesses making over $350,000 in every state would face higher top rates than 21 OECD countries--including France, Italy, and Spain. Even the nine states with no state income tax at all would have higher rates than these social democracies that are typically regarded as countries with punitively high taxes. Taxpayers in all 41 states that do levy an income tax would pay a top rate that is higher than all but seven of the 30 OECD countries."

Don't believe me? Here's the link.

-"The Senate version of President Obama's government health care overhaul contains a mandate that all businesses provide their employees with health insurance or pay a fine, unless the business employs fewer than 25 people. Critics say the 25-employee benchmark could stifle small business growth by prompting companies to limit themselves to 24 employees."

Don't believe me? Here's the link.

-"The Senate Health, Education, Labor and Pensions (HELP) Committee's health care legislation will give the Health and Human Services secretary the authority to develop "standards of measuring gender" -- as opposed tousing the traditional "male" and "female" categories -- ina database of allwho apply or participate in government-run or government-supported health care plans."

Don't believe me? Here's the link.

-"More than a million small business owners and about two-thirds of the profits earned byU.S. small businesses would behitbythe income taxincrease onthe "rich"that House Democratic leaders want to enact to pay for the health-care reform plan President Obama wants passed this summer, a taxpayer watchdog says."

Don't believe me? Here's the link.

-"A survey by the National Federation of Independent Business (NFIB) found that 20 percent of its respondents would simply shut down if they were faced with this choice of being forced to offer health insurance. They couldn't afford it. One out of four said they would replace full-time workers with part-time workers in order to avoid having to pay anything."

Don't believe me? Here's the link.

-"According to the National Tax Foundation, the top total tax rate on Americans -- that is, state, local and federal taxes -- will top 50% in 39 states" if the Democrats pass their healthcare legislation.

Don't believe me? Here's the link.

-"So we can all keep our coverage, just as promised -- with, of course, exceptions: Those who currently have private individual coverage won't be able to change it. Nor will those who leave a company to work for themselves be free to buy individual plans from private carriers."

Don't believe me? Here's the link.

-"A quick review of the legislation shows that it calls for two new government agencies, three trust funds, three advisory panels, two task forces, a research center, a medical device registry, an ombudsman and many pilot and demonstration programs."

Don't believe me? Here's the link.

We just received this message from the Chief Jerome Brewster, Genesee County Sheriff's Office:

Yesterday, we investigated a series of larcenies from parked vehicles along Hopkins Road, T/Batavia. Deputy Thompson reported that approximately 20 vehicles were entered, none forcibly, and items removed. Thefts occurred during the early morning hours of July 20 (approximately 12 AM to 5:30AM). We ask that anyone with information please contact us at 345-3000 x3227 (Deputy Thompson) or call the main number at 343-5000. Attached below are photographs of  two bicycles that were found in the area. We hope that some of your viewers might be able to identify the owners for us.

UPDATE: Deputy Brian Thompson sends along this update:

Just to clarify for your readers the Huffy bike in photograph is  Orange in color. The photo shows pink probably due to flourescence? (SP)

These bikes are probably not the culprits but maybe. They were left on peanut  tracks just off from Hopkins Rd. along with some dropped evidence. The  entries into vehicle happened Sunday Night and Early Monday Morning. 11:30 to  12:00 PM to about 05:30 AM.

Please remind readers to keep valuables in house and cars locked. Different  age we now live in!! Thanks for your valuable service!

Local baseball fans may get to see a familiar face at Dwyer Stadium on Aug. 2 and 3 when Williamsport visits the Muckdogs.

Former BHS standout Ryan Gugel, signed as a free agent by the Phillies a month ago out of Albany, has been moved from the team's affiliate in Lakewood to the Crosscutters.

He will be the Crosscutters' third catcher, so he may not get any playing time during his visit to his hometown. 

Those are Williamsport's final two games at Dwyer this season. The Muckdogs face the Crosscutters tomorrow and Thursday in Williamsport.

Gugel was hitless in four plate appearances for Lakewood, drawing one walk.

How come Batavia's gas prices are so much higher than Rochester's?????

It was a close game through nine innings, but the Muckdogs (15-16) couldn’t hold the Tigers (17-11) in the bottom of the 10th as Oneonta went on to win 3-2.

The game was scoreless until the 5th inning.  Niko Vasquez had a lead off double to get things going for Batavia.  Ivan Castro got on base right after on a fielding error by the Tiger’s shortstop.  Both advanced a base during the next at-bat when Beau Riportella grounded out.  Ryan Jackson then came up with a RBI base hit to score Vasquez and Castro came home later on a wild pitch.

Oneonta answered right back, scoring two of their own in the bottom of the inning.  The game remained tied until the Tigers were able to plate the winning run in the bottom of the tenth on base hits.

LaCurtis Mayes (0-2, 1.54) suffered the loss, pitching through the last two outs letting in the winning run on three hits with one strikeout.  Deryk Hooker was the starter.  He went five innings with two runs, four hits, one walk and six strikeouts.  Joe Kelly and Santo Maertz threw two innings each, both giving up one hit while striking out two.

D’Marcus Ingram continued to stay hot on the road in July.  He was the only Muckdog with a multi-hit night, going 2-for-4 with a walk. 

If you're fascinated by the Doty Mansion, here's a rare chance to see inside.  I just received this e-mail from Lisa Stoddard, who owns the grand old home with her husband, Tim.

We'll be having an open house this Thursday the 23rd  at 7:00 pm and another one Thurs, July 30th at 7:00 pm. This will  be for the lower apt. Any perspective tenants will have a chance to see the apt. and fill out an application at those times. Nosy neighbors are welcome!! and anyone else interested in the history and the architecture. People should park on Highland Ave and go up the back driveway to the first door by the mailboxes.

Previously: Batavia couple slowly, lovingly restoring one of city's grand old mansions

It was billed as the trial of the century in West Jackson Corners as Cornelius Possum was brought up on various charges, including sleeping in church.  Cornelius is a notorious ne’er –do– well and his disruptive antics are the stuff of legend in West Jackson Corners.

A record number of visitors poured into the tiny village to enjoy the day’s events, beginning the annual town meeting– where charges were brought against and Cornelius and his co-defendant, the “village bum” After famous trial lawyer “J. Boliver Shagnasty” arrived on the scene, a jury was selected and the stage was set. 

The “legal” proceedings were framed by a plethora of activities ranging from horse rides, guided tours, games, food and demonstrations of life from a bygone era. Here are a few photos of yesterday’s event.

Town and village residents in Le Roy are being asked to consider a new tax for 2010 to help support its local ambulance service, which has been running at a deficient in recent years.

The tax would help offset an anticipated $25,000 shortfall in 2010.

"In order for us to continue to operate in the community, we need tax support," said Bob Boyce, president of the Le Roy Ambulance Service board of directors. "We're only asking for a minimal amount, but if the town residents object and don't allow the tax, the alternative is for us to close the doors."

Boyce said the service is being squeezed by increasing costs and declining revenue from reimbursements from Medicaid and Medicare.

While donations might help, Boyce said even in the best years, the 38-year-old ambulance service raised only $20,000 in contributions.

There will be a public hearing within weeks on the proposal.

Under current state law, it is up to the town to create a tax district and then the village board can enact a local law to extend its authority into the village.

If only the town enacts the new tax, it would mean an addition 12.5 cents per $1,000 of assessed value, or about an average of $14.43 per property. If both the town and village adopt the tax, the rate would be 6.5 cents per thousand, or $7.50 annually on each tax bill.

As the new ground ambulance service being set up by Mercy Flight, Boyce expressed concern that with all the ambulances being based in Batavia, the service won't be able to match the under-five-minute response times of the current Le Roy service. He said it takes 10 to 20 minutes for an ambulance from Batavia to respond to a Le Roy call.

At one time, the Le Roy service was staffed entirely by volunteers, but over the years, the organization has relied more and more on paid professionals, either in terms of its own full-time staff (two people) or a rotation of professionals who live in the area, work on a per-diem basis while maintaining full-time jobs with commercial ambulance services.  There are still 4 or 5 volunteers with the service, Boyce said.

The service generates nearly $400,000 annually insurance billing to help support its operations.

The proposal was presented to the town board on June 25. (We'll get back to you on the date of the public hearing).

PDF: Map, Plan and Report for the Establishment of an Ambulance District

Audio: Portion of an interview with Bob Boyce

Former Attica standout Derek Wolfley received a Division I basketball scholarship to Iona College last season, and played in 25 games during his freshman season.

But now he's coming home.

The 6-foot-7 forward has decided to take his college basketball career to the University at Buffalo, where he expects to see more playing time next season.

Attica's all-time leading scorer with 1,474 points and 932 rebounds averaged 7.5 minutes per game for the Gaels, while scoring 1 point and 0.9 rebounds per contest.

He will be playing as a walk-on next year but will have an opportunity for a basketball scholarship because six seniors will graduate from next year's UB squad.

In discussing consolidation, much has been made of the negative property tax rate paid by Town of Batavia residents -- a nice benefit that may or may not survive the town's need for infrastructure improvements and the potential of a change to sales tax distribution in a few years -- but one hidden impact of the town's tax structure is the benefit derived by the multinational corporations that populate Veterans Memorial Drive.

These corporations -- already beneficiaries of billions and billions of dollars of taxpayer subsidies across the USA -- also get a tax break being located in the town.

This is as an additional unfair competitive advantage the big box retailers have over City of Batavia businesses and another issue that will need to be addressed in consolidation.

Town Supervisor Greg Post mentioned to me last week that the town invested millions, in his words, in making it possible for the big box stores to locate in the town. I'm not sure how what he means by that statement, but any large scale investment by the town -- which he sees as a positive -- is a further reason to ensure these businesses are taxed fairly and competitively, on par with other businesses in the region.

Of course, a world of no taxes is ideal, but when you're talking about the vitality of a community, protecting your small businesses form the unfair advantages of multinational retailers should be a priority on the community agenda.

Should consolidation pass, when it comes time to write a new charter, this tax inequality issue must be addressed. And if consolidation doesn't pass, the town board owes it to the community fix this inequity.

The businesses on Veterans Memorial Drive require a good deal law enforcement (an expense shared by the entire county), fire and infrastructure support. The chains should be paying their fair share of taxes just for that reason.

Protecting and enhancing downtown, as well as the diversity of other small, locally owned businesses is essential to the vitality and health of Genesee County.  Allowing the big boxes to avoid an equal tax burden with other businesses threatens one of our greatest resources -- our independent businesses.