It seemed like a good idea at the time: Le Roy resident John Garner happened to own an old DOT variable message sign, so he offered it as a promotional device to the organizations and businesses of the village.

We reported on the sign in January. The sign was placed on Route 19 and promoted local businesses and community events.

Just as spring started to get sprung, the sign disappeared.

Yesterday, Ann Walters, owner of the Hobby Horse on Main Street, told me the Department of Transportation asked that it be removed.
 

"What a marketing technique," said, Walters, who regrets seeing the sign disappear. "I wish I could say I thought of it."

She said it did help bring business into the village.

Walters impression was that the DOT didn't like one of their signs being used to advertise businesses, and there were concerns about it being a distraction, that the sign should be used only for its intended purpose, which is providing traffic information for drivers.

"How can you control use of a sign when you sell it?" Walters asked. "If you want to control it, you don't sell it."

Garner couldn't be reached for comment (Walters identified Garner as the owner of the sign).

DOT regional spokesman Lori Maher said there's an explanation -- not necessarily simple, but an explanation nonetheless -- for the DOT's position.

The state controls the right-of-way on state routes, which is 66 33 feet (66 total) on either side of the center line (though there are numerous exceptions and variables, so that measurement may not apply on this section of Route 19). There are also strict regulations dealing with commercial sites in visual range of a state road.

Even if the sign was outside of the right-of-way, Maher said, it would still violate sign advertising rules.

"The whole purpose (of these regulations) is to restrict the proliferation of signs containing all kinds of messages, which becomes clutter and a safety issue," Maher said. 

The rules are both state and federal and have their roots in the 1965 Highway Beautification Act, she said.

For more information on the NYS sign policy, click here.

Students from St. Joseph School planted flags on the graves of veterans at St. Joseph's Cemetery yesterday. Nora O'Neill submitted this photo and the one below.

Here is a schedule of Monday's Memorial Day events sponsored by Genesee County Veteran's Services.

7:00 a.m. - Genesee County Park - (Vietnam Veterans of America)

8:00 a.m. - Williams Park

8:30 a.m. - Batavia VA MedicalCenter

8:40 a.m.- New York State Veterans’ Nursing Home

9:00 a.m.- United Memorial Medical Center

9:30 a.m.- Upton Monument

10:15 a.m.- Parade -- forms at Aldi’s market at 9:15 a.m. – travels west on Main Street, left onto Harvester to Veterans’ Plot

11:00 a.m - Veterans’ Plot (Harvester Avenue)

Take some time out for a meal and entertainment at Batavia Downs.

We have a $25 gift certificate available for $12.50 -- HALF OFF! -- to Batavia Downs Grandstands Bar & Grille ($1 service fee applies).

To find out more about what's going on at Batavia Downs this Memorial Day weekend or next week, visit BataviaDownsCasino.com

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.  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. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

SOLD

The title of an anticipated report on consolidation of the City and Town of Batavia seems to indicate the committee studying the issue sees it as a positive move.

"First Report to the Community -- A Vision for One Batavia."

The Consolidation Study Committee will discuss the report at a public meeting at 7 p.m. June 1 in Batavia Town Hall, 3833 W. Main St.

Serving on the study committee: Lynn Freeman, Sally Kuzon, Steven Lockwood, Beverly Mancuso, Jason Molino, Steven Mountain and Jeffery Scott.

Mercy Flight, which won the nod of the Genesee County Ambulance Task Force, intends to buy the existing city ambulances, according to Vice President and CFO Margie Ferrentino.

City ambulance staff will also be given an opportunity to work for the new service. They will have to go through a pre-employment screening process, but Ferrentino indicated it's Mercy Flight's preference to retain existing staff when possible.

Ferrentino also said this morning that even though the not-for-profit Mercy Flight has not operated street ambulance services before, the leadership and staff of Mercy Flight has hundreds of years of cumulative experience in the ambulance business.

The organization is planning to base two ambulances on North Street and one at the airport.

Here is a four-minute audio interview with Ferrentino.

Ferrentino also supplied two documents outlining the experience of CEO Douglas H. Baker and the rest of the senior staff.

UPDATE: Here's a three-minute audio interview with CEO Doug Baker. Baker says how excited Mercy Flight is to get the opportunity to serve Genesee County with ground ambulance service and notes that there will be local residents on the board of directors. Current Batavia ambulance personnel are their first choice to join the new service. "We hope that all of them will come on board," Baker said.

UPDATE II: Tim Yaeger, coordinator for Emergency Management Services, and head of the task force discusses the Mercy Flight selection in this audio interview. He said he's happy the long process has come to an end. He said Mercy Flight came out on top because the organization clearly understands Genesee County, with its unique needs due to having an urban area and very rural areas.

Officials will announce today that Mercy Flight -- which currently is not in the ground ambulance business -- is the preferred choice of the Genesee County Ambulance Task Force to take over ambulance service for the county.

In a press released obtained by The Batavian prior to its official release to the media, officials state:

The Task Force recommends to local governments and fire districts Mercy Flight, Inc. as the preferred vendor for ambulance services in Genesee County. Mercy Flight, Inc. will operate three Advanced Life Support (ALS) ambulances, one Basic Life Support (BLS) ambulance and a Paramedic Fly Car 24 hours a day, 7 days a week. They will maintain two additional ambulances in reserve status. Their operation will be based in Batavia and will provide services to all municipal jurisdictions and fire districts in Genesee County.
 
The Task Force will continue to assist all parties involved with the conversion process to assure a relatively seamless transition when the city of Batavia ends ambulance service on Aug. 31.

A person associated with the Batavia ambulance service also e-mailed us about the Mercy Flight selection and said, "Hopefully it will be a good fit. We just have to wait for the fine details before we throw a party."

Other companies considered in the request-for-proposal process were Monroe Ambulance, Rural Metro Medical Services and TLC Emergency Medical Services, Inc..

UPDATE: From Mercy Flight's "About Us" page:

Mercy Flight WNY is an independent, not-for-profit provider of emergency air medical transport. We ensure rapid, safe and cost effective delivery of expert emergency response teams. Established in 1981, Mercy Flight has flown more than 17,000 patient missions over the last 27 years. We currently own 5 helicopters and have crews ready to respond 24 hours a day, 7 days a week out of bases in Buffalo, Batavia and Olean.

UPDATE 10:25 a.m.: Four-hours later, the Daily has its story up, but has an important clarification:

“This is not going to be a county service,” he said (Assistant County Manager Frank Ciaccia). “This will be up to each of the individual towns, and the city of Batavia, to contract separately with Mercy Flight for their ambulance services.”

Mercy Flight will still need to acquire a certificate of need from the State Health Department, he said. That’s a certificate of approval granted by a state agency to a health care provider, deeming that a service or facility is warranted.

Bradley R. Jordan, 16, of Bethany, is charged with criminal possession of stolen property. Jordan is allegedly involved with the theft of a 2004 Polaris Sportsman Pro H.O. Four-Wheel ATV from a residence in Stafford. Deputy P.J. Reeves reported he found Jordan in possession of the ATV, which went missing March 11. Previously, we reported Steven Peckenpaugh, 17, of Attica, had been arrested and charged with the theft of the vehicle. Jordan is held on $10,000 bail. The value of the ATV was placed at $3,700.

Abdullah H. Shareef, 27, of Rochester, is accused of damaging a door to City Centre on May 4. He was taken into custody by Batavia PD at 8:05 p.m last night. He is being held in Genesee County Jail on $1,000 bail.

Jarred Brannan, 24, of Churchville, was taken into custody based on a bench warrant. No details are provided on the nature of the warrant. He is held in Genesee County Jail on $1,000 bail.

About 25 people attending a seminar this evening at City Hall on how the new roundabout on Oak Street will work.

Because of another event I attended, I only arrived near the end of the meeting.  Reporter Joanne Beck was there and I'm sure she'll have a full report for the Daily.

The information seemed well received by those who attended. Council member Kathy Briggs said it was very imformative.

Below are two videos. One of Howard McCulloch, roundabout design specialist for the state, discussing how best to navigate a roundabout, and then I shot a few sections of an animation of the Oak Street roundabout with cars going through it. The full, clearer, version of this video will appear on the City's web site within a couple of weeks.

In the wee hours of Thursday morning, a terrible fire gutted the modest two-story home at 8489 East Main Street Road in LeRoy. And the loud and urgent barks of "Rocket" may have helped alert people, thereby saving lives.

As it was, Daniel Bovee, 46, sustained burns to his face and feet when he tried to re-enter the house to grab his car keys. Rita Teeter, 54, and, Jennifer Coombs, 25, along with Bovee also suffered smoke inhalation.

But Rocket, who lives across the street at 8484, was on to something amiss from the get-go. He barked, neighbors said, and yelped, and though no one has proof, probably did back flips and Tarzan yells to get someone to pay attention.

The residents made it out alive. Obviously, this was no canine crying wolf. The alert, solid, light-brown dog, with one blue eye and one green, was simply responding to an emergency -- smoke, fire, ashes -- and then people scurrying and yelling as emergency crews responded.

Incredibly, 79-year-old Minnie Cory who lives next door to the gutted home, heard nothing as terror was rampaging next door. Her sister called to tell her about the mayhem and she later learned about the sounding alarm of Rocket.

"Isn't that something," she said. "It's a good thing he was barking."

He barked some more at a picture taker later that day, tail wagging all the while, tethered to a long leash at the rear of the property owned by Gary Dempsey. He's friendly, but he's no bench warmer. Rocket dog's on duty in his neighborhood and no one seems bothered by his barking.

In addition to our breaking news post this morning, Chief Tom "Woody" Woods e-mail this report this afternoon:

Call came in at 12:01 a.m. first chief of location in about 5 minutes. Reported heavy with everyone out of the structure. An additional alarm was transmitted bringing Pavilion Caledonia and Bergen to the scene. Town of Batavia dispatched as the Fast Team.  It took about 45 minutes to get the fire under control. Three residents were transported to Strong with one having some second-degree burns.

To all of you who shared in the Red's Taxi post, and especially Bea who initiated it, I found some very interesting pictures this evening.  I am not trying to promote a business, but it just happened I went out for ice cream this evening and ended up out at Dave's.  (and it was sugar-free and good). On the walls inside, were pictures of old Batavia (and I mean old)!  I saw a picture of Sacred Heart Church during the flood of 1942, I saw a picture of the Bus Station, the old railroad Depot that was where Salvation Army is now,  the Kendall gas station, Joy's Liquor Store, Dean's Drugs, Sloat's Tire Shop and there were others!  I just can't remember them all. 

I just wanted to share this with all that took that short trip down memory lane the beginning of the week.  I and I thought the bar idea was a good one.

 Lu

City Manager Jason Molino announced this afternoon that he's found an interim fire chief.

It's Ralph Hyde, who served the Batavia Fire Department from 1959 to 1992, taking on the role of chief in 1971.

While Hyde is drawing a pension, Molino said he does not anticipate a 211 waiver problem like the one that forced Tom Dillon to quit the job two weeks ago.  Hyde's position is clearly temporary.  Dillon's appointment was temporary, but then when the decision was made ot keep him in a permanent role, a 211 waiver was required.

For further details and comments from Molino, tune into WBTA 1490-AM at 12:30.

UPDATE: Joanne Beck has posted a nice story about Hyde taking over as chief.

''I'm getting back in the game; I'm good and healthy. I'm excited; I always enjoyed the challenge of the job,'' he said Thursday afternoon from his city home. ''If I didn't love this, I wouldn't be coming back.''

He has been working in surveillance at Batavia Downs Gaming part-time and is anxious to begin his duties Tuesday.

"I am pleased that Chief Hyde has responded to the call of duty for the community for a second time,'' City Manager Jason Molino said. ''Chief Hyde brings a life time of commitment and leadership to Batavia."

The Rotary Flower Sale is going on today until 5 p.m. and tomorrow from 9 a.m. to 5 p.m. outside Tonawanda Federal Credit Union.

Pictured are Rotarians Joseph Gerace, Committee Chair, Anne Garlock and Justin Colarco-Smith.

Everybody loves Adam Miller Toy and Bicycles and Herbly Wonderful. Today we have gift certificates from both popular stores valued at $12.50 each, which we're selling for HALF OFF, $12.50, plus a $1 service fee.

Adam Miller is located on Center Street and features a fine line of vintage toys and games, models and a range of bicycle styles.

Herbly Wonderful a great local source of teas, herbs, flowers and more. It's located on Pearl St.

For more information on each of these businesses, click on their ads on the right side of this page.

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.  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. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. (today or tomorrow) to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Adam Miller Toy and Bicycles

SOLD

Herbly Wonderful

SOLD

An Oakfield couple was allegedly found last night to posses a substantial amount of crack cocaine after the Genesee County Drug Enforcement Task Force obtained a search warrant for 26 S. Pearl St., Apt. 2.

Investigators reportedly found $300 in crack cocaine and $300 in marijuana during the search of the residence and related vehicles.

Taken into custody were Dennis "Dookie" R. Lloyd-Butler, 27, and Mandy Lloyd, 29.

Investigators reportedly found marijuana in the glove box of Mandy Lloyd's car.

Lloyd-Butler was charged with criminal possession of a controlled substance, a felony, and criminal possession of marijuana. Mandy Lloyd was charged with unlawful possession of marijuana.

Lloyd-Butler is being held in Genesee County Jail without bail. Mandy Lloyd was issued an appearance ticket.

The Sheriff's Office reports additional charges are pending.

Assisting in the investigation were the Genesee County District Attorney's office, City of Batavia's Emergency Response Team, Genesee County Sherif's deputies, New York State Police officers and K-9 "Jay."

Patrick W. Collins, 46, of Batavia, is being held on $2,500 bail after allegedly attacking his wife. Collins reportedly threw his wife against a wall, put his hands around her neck and threatened to kill her. He is charged with menacing in the third degree. The alleged incident occurred last night around 11:30 p.m.

Martin G. Pacer, 29, of Corfu, allegedly violated an order of protection by punching another person in the face Wednesday night around 11 p.m. The incident occurred in Pembroke. He is charged with criminal contempt and harassment. Pacer is held in Genesee County Jail on $5,000 bail.

Just after midnight, the Le Roy fire department was called to a structure fire at 8484 E. Main St. Road where upon arrival they found the house fully engulfed, according to reader Gary Spencer.

Lorie Longhany also e-mailed reports of the fire.

Neighbors from across the streets dog barked, woke owner up, he crossed the street and alerted the homeowners.  The husband went back in after car keys and he was burned and taken to the hospital -- wife and daughter also taken in for smoke inhalation.  House is a total loss.

Longhany, who lives on Lime Rock, said units from Le Roy, Stafford, Caledonia, Bergen and Pavilion responded. Route 5 was closed and traffic was sent around York Road and Church Road.

Also from Lorie: 

The hero in this fire was a dog named Rocket that is no stranger to alerting danger.  A couple years back this dog was out of his yard and barking around our friends pool.  His owner was calling him to come home.  He wouldn't -- kept barking around the pool.  When his owner went to retrieve him, he found that in the pool was my neighbors and good friends dog, Buddy who would have drown.  Last night, from what my neighbors first hand account, Rocket's barking alerted his owners to the burning house across the street.  The neighbor saw the flames and ran across the street and woke up the homeowners.  That dog may have saved three lives last night.

That's all the information we have on the fire at this time.

UPDATE: Lorie sends along this note this morning:

We took a ride by this morning, and as I said, we kept away from the scene and stood in our friends driveway after being awoken to all the commotion, but it appears that the structure is heavily damaged, but not burned to the ground by any means.  The fire fighters did a tremendous job.  It is really amazing the organizational skills that these volunteers put into play as they are battling a fire.  We watched in amazement.  Probably a good many of them were there till the early hours and then had to get up and go to their paying jobs this morning.

Also, she "cautions" that her account of Rocket is third person, having been told by a neighbor who spoke with Rocket's owner.

UPDATE II: WBTA reports:

The home was occupied by 54-year-old Rita Teeter, her 54-year-old boyfriend Daniel Bovee and her 25-year-old daughter, Jennifer Coombs.

Rita and Jennifer were treated at Strong Hospital for smoke inhalation and released.

Bovee was admitted to the hospital in satisfactory condition with burns to his face, head and feet.

Among Scott Doll's statements the night Joseph Benaquist was found dead in his Pembroke driveway, was: "I was there, but I didn't do it.," his defense attorney Paul Cambria said during a motions hearing today

Cambria is preparing a defense to explain away any statements that Doll might have made the night of the killing, Feb. 17,  that the prosecution could use as admissions of guilt.

Deputies found Doll walking along North Lake Road in Pembroke around 8:40 p.m. that night. According to initial reports, Doll was soaked in "fresh blood"  and "dressed all in camouflage" and carrying a car jack, a screwdriver and a lug wrench.

None of those items, however, were used in the murder, and among Cambria's other motions were ones related to the insufficiency of evidence that led to Doll's arrest warrant and warrants for the search of his vehicles, mobile phone and home.

The murder weapon has not been found.

Cambria made it clear during the hearing that he doesn't believe Doll killed Benaquist and opened the door to speculation that a third person was present at the time of the attack.

"There is no way anybody could testify that (only) my client was present at the time of the crime," Cambria said.

Outside of saying that Doll said "I was there, but I didn't do it," Cambria didn't share what other statements Doll reportedly made that night, but he's clearly concerned that some statements could damage his defense.

Among claims raised by Cambria during today's hearing was that Doll wasn't read his rights properly.

Meanwhile, while stating that the defense will not make any attempt to claim insanity or mental defect, Cambria is asking that an expert witness, a psychiatric professional, be allowed to testify who will  offer "an innocent explanation" of Doll's conduct and statements.

"We are not claiming at all (that Doll was mentally incapacitated)," Cambria said. "This is not a matter if 'I did it, however ... ' It's clearly a case of 'I didn't do it.'"

Cambria indicated that investigators improperly disregarded Doll's statement that he didn't kill Benaquist.

Due to the that statement not being fully considered, the timing and method of searches of Doll's van, as well as Doll's arrest without sufficient cause, call into question all of the warrants used in the case, according to Cambria.

The warrant application is "probably one of the most insufficient I've seen in my years," Cambria said. "It's kind of astonishing really that with no accusations in the warrant request that warrant could be issued."

First Assistant District Attorney David Gann took issue with Cambria's statements during his brief reply.

The warrant "provides numerous details that Mr. Cambria perhaps went by pretty quickly in his characterization of the warrant," Gann said. "It is lengthy and it is detailed."

Gann raised no issues of evidence or gave any indication of the prosecutions strategy during his reply to Cambria.

One of the defense's motions dealt with discovery and the issue of reviewing the medical examiners report. Gann said the report should be completed in three to four weeks.

County Court Judge Robert Noonan will issue a written opinion on all of the motions from today's hearing (many of them are routine and were submitted in writing only), but not until after a hearing, called a Huntly hearing, on the motion related to Doll's statements.

That hearing is scheduled for June 16 at 1:30 p.m.

UPDATE: Scott DeSmit obtained transcripts of Scott Doll's statements the night of the murder. Read his story for more details on Doll's statements.

An Angus calf has been roaming around Batavia-Townline Road for two days, according to Jonathan Lamb.

Lamb and neighbors have tried to capture the young animal, but it runs any time anybody approaches it.

"Maybe you remember Woody from last year -- I don't know if we have another Woody on our hands, but I've called all the neighbors and nobody knows who it belongs to," Lamb said.

The calf is wandering in a field near the road, Lamb said.

If anybody is missing an Angus calf, Lamb said the owner should e-mail him at jonathanl (at) lambfarmsinc dot net.