Alabama

From the county's perspective, the Sno-Packers have the A-OK to reinstall their bridge on Sour Springs Road, but the agreement to make it happen is far from a done deal.

The Town of Alabama atttorney is recommending to town board members that they not approve an agreement that passed the County Legislature 9-0 tonight.

According to Councilman Max Maerten, who attended the Legislature meeting, Alabama's attorney doesn't believe the agreement has language allowing the town to assign its duties to a third party. Maerten said he's voting for the agreement anyway.

"Our insurance company that's going to carry the policy for the town does not have an issue with it," Maerten said. "I'm not one to wear the liability of everything every day on his sleeve. If our insurance company is willing to back us and the snowmobile club insurance is going to back us, I would probably vote yes."

Kevin Fischer (pictured), president of the Genesee Sno-Packers said he's not concerned about the situation with the Alabama Town Board.

"I believe that they all know and understand what we're all about," Fisher said. "They know what our intentions have been all along. They were the people who who said a year ago the issue isn't with the Town of Alabama it's with the county. I believe we'll be able to work something out."

County officials say that although there's nothing explicitly allowing it, there is nothing in the agreement that prevents the Town of Alabama from reaching a separate agreement with the Sno-Packers.

A few transformers have been reported either on fire or arcing in the Indian Falls area.

The latest fire is at Indian Falls Road and Route 5.

There may also be transformers arcing near the Thruway.

East Pembroke and Indian Falls fire are responding to the calls.

UPDATE 10:38 p.m.: The transformer fire at Indian Falls and Route 5 blew itself out. National Grid is on scene.

What started as a report of electric lines arcing is now believed to be a structure fire at 6296 Knowlesville Road, Alabama.

Alabama Fire has requested mutual aide from Oakfield Fire.

UPDATE 9:10 p.m.: Firefigher reports smoke pumping from a wall. They're going to open up the wall.

UPDATE 9:27 p.m.: Oakfield units back in service.

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Last night in Oakfield, the Oakfield-Alabama boys basketball team beat Elba 65-43.

A.J. Kehlenbeck had 27 points and 15 rebounds for O-A and Sam McCracken scored 18 points.

Zack Beechler scored 16 points for Elba. Matthew Ramsey, 11.

Both teams are now 6-5

More pictures after the jump:

There's rural aplenty in these parts, but it doesn't get much more rural than Alabama.

With its wildlife refuge, Native American reservation, its hundreds of acres of open space, farmland and roads that can stretch for a mile or two between houses, Alabama is something like the wide-open West of Genesee County.

All of that could change -- or at least that's the fear of some Alabama residents -- if the GCEDC is able to push through plans to develop a high-tech industrial part over 1,300 acres in Alabama.

Alabama farmer Bryan Phelps -- who's grandfather started farming in Alabama in 1919 -- gave an impassioned speech to the Ways and Means Committee on Wednesday arguing against the GCEDC's plans.

The project, known as STAMP, for Science and Technology Advanced Manufacturing Park, would forever alter the rural nature of Alabama, Phelps said.

"If you bring the STAMP program to the Town of Alabama then the same thing will happen here that happened in Clarence and Lancaster," Phelps said.  "I know you might think nothing will happen, but it will be here and the houses will come and the farms will disappear and residential growth will occur, and our taxes go up and restrictions on farming practices increase."

Sure, we need the jobs, Phelps said, but at what cost?

GCEDC has projected that STAMP will create hundreds of jobs in the $15 to $25 per hour range, plus management positions that pay as much as $200,000 and add $500 million to the county's tax base.

Those are hard numbers to ignore, Phelps acknowledged, but he doesn't think farmland needs to be destroyed to make them happen. There are plenty of old, empty industrial buildings in Batavia and elsewhere in Western New York that can be renovated.

“It’s been said that rural development leads to rural destruction," Phelps said. "When development or destruction of rural farmland takes place, the needs for such services as schools, sewers, garbage collection, police forces, traffic control and water delivery go way up."

It's not hard to imagine housing development following STAMP, followed by new chain-laden shopping centers and pretty soon, you have Lancaster or Clarence.

Phelps wants none of that, and he said many Town of Alabama residents share his concerns.

The third-generation farmer found a sympathetic ear in Legislator Ed DeJaneiro, who sat down with Phelps after the Ways and Means Committee meeting was over and commiserated.

But DeJaneiro also noted, Genesee County needs jobs.

"I agree with him we on many of his concerns about this program," DeJaneiro said. "Prospective companies come in relying on tax dollars and end up using valuable land, but if we don't do it, somebody else will. We do need the jobs, so it's not as clear cut as he says."

Ray Cianfrini, who represents Alabama in the County Legislature, is pretty enthusiastic about the STAMP project and believes most Alabama residents support it.

"The land (for the project) is not considered the most productive land in Alabama,"  Cianfrini said. "It's owned by three of the largest farmers in our area. They certainly apparently had no reservations in taking the land out of production."

The final say on whether to approve the project, Cianfrini, will lie with the Town of Alabama board.

At today's Ways and Means Committee meeting, Sno-Packers Snowmobile Club representative Kevin Fisher could only laugh.

"It's not easy, is it?" County Attorney John Rizzo said.

For Fisher and the other club members, getting their bridge restored on Sour Springs Road in Alabama has been a long process. There is always one more step.

Today's step was for the Ways and Means Committee to refer a resolution to the full County Legislature. It authorizes Chairwoman Mary Pat Hancock to sign an agreement with the Town of Alabama accepting indemnification from any liability for the bridge.

There's always a wrinkle, of course, and in this case, according to Legislator Ray Cianfrini, who represents Alabama, the town attorney wants the Sno-Packers to be a party to the agreement.

But both Cianfrini and Rizzo said from the county perspective, it's a two-party agreement and there's nothing preventing the Town of Alabama from signing an agreement with Sno-Packers.

"That's raising some controversy that we don't necessarily agree with," said Ray " ... We want to make sure that we fulfill our side of the agreement by referring it to the Legislature to approve for signature."

For Fisher, he would just like to get the bridge in as soon as possible and he was hoping to find some way to start installation even before all of the agreements are signed.

"Right now we have a break in the weather," Fisher said. "It would be much more pleasant to set that bridge back in place now when it's 40 degrees than two weeks from now when it's 20. That's our only thing. We understand if it can't be done, it can't be done."

Suzanne Macre left last night's Genesee County Planning Board meeting in tears, seemingly sure that she will need to put down some of the Shiba Inu pure bred dogs she owns.

Macre has been involved in a dispute with neighbors and the Town of Alabama over her kenneling as many as 14 dogs at her home on Wright Road.

According to neighbors, the dogs bark in loud, shrill woofs multiple times per day, destroying the quiet of their neighborhood and making it impossible to do something as simple as sit on a back deck and watch the grass grow.

At one point, it looked like the board was going to recommend approval of her application for a special-use permit to kennel more than six dogs, which Alabama declared was required after neighbors started complaining about the dogs. Just as the motion for approval was about to be made, one of the neighbors spoke up and reminded the board there were residents who wished to talk on the topic.

In all, five neighbors spoke and disputed Macre's claim that the dogs only bark for a minute or so two or three times a day.

They said the dogs bark any time there is any noise of motion in the area of Macre's house.

Board member Michael Cianfrini noted that many times with requests for special-use permits the board only hears what the impact might be of a proposed development, but in this case, the impact was already clear.

"I don't think anybody has the right to destroy the quiet use and enjoyment of other home owners for what is in essence a hobby," Cianfrini said.

He then made a motion to recommend denying the special-use permit.

The motion passed 9-0.

Macre said, "So I'm just supposed to destroy half of my dogs?"

One of the other residents then spoke up and told the board a search of Google will show that there is a good market for Shiba Inu. He said nobody wanted to see dogs destroyed, but he was sure Macre could find buyers.

"Nobody is going to pay to ship a 10-year-old dog across the country," Macre said.

A bridge at Sour Springs Road built by local snowmobilers and later removed by the county could be back in place within a month, County Manager Jay Gsell told WBTA.

The County and the Town of Alabama have reached an agreement to let the bridge be reinstalled and now Gsell said the insurance companies need to approve it.

"The engineer has already looked at the drawings and their sufficient as far as the structure and how they're going to reposition the bridge," Gsell said (mp3). "Winter started, what, Dec. 22? We've got a long season ahead of us. So my sense is that bridge will probably be in place by the end of January if not sooner."

Sno-packers club leaders have previous said putting the bridge back in place won't be difficult.

Michelle M. Kasper, 20, of 4591 Kams Road, Albion, is charged with DWI (as a felony under Leandra's Law), endangering the welfare of a child (three counts), and unlawful possession of marijuana. Kasper was stopped on Judge Road in Alabama by Deputy Tim Wescott at 9:30 p.m. yesterday who responded to a report of a car off the roadway. This is the second arrest of a WNY resident in the past week under terms of the recently enacted Leandra's Law.

Honour Haley Myers, 21, of 6392 Hamm Road, Lockport, is charged with unlawful possession of marijuana. Myers was arrested following the investigation of a reported domestic incident in Stafford.

A woman who possibly had a stroke while driving on Route 77 on Christmas Day remains in critical, but stable condition at Erie County Medical Center.

A spokesman for ECMC said the condition of Jean E. Germonte, 75, of 105 Sawyer Ave., Depew, "remains unchanged."

At 12:20 p.m on Friday, Germonte was reportedly driving her 2006 Chevrolet sedan southbound on Route 77 when callers reported a car fitting that description operating erratically. Deputy Loni Nati found the car on Route 77 allegedly going 10 mph in the northbound lane.

Nati called for State Police to block off the intersection at Route 77 and the Thruway overpass. During the incident, Nati reported Germonte's car slowing to 5 mph. It then reportedly hit a guardrail before driving into a snow bank.

Mercy EMS responded and requested that Mercy Flight be dispatched to the scene. Germonte was then flown to ECMC.

An elderly woman driving southbound on Route 77 has apparently had a seizure while driving.

Mercy EMS is being dispatched to the Thruway overpass at Route 77.

The driver was first reported by a caller to the dispatch center for alleged erratic driving. She almost hit a stop sign, realized it was in front her and backed up and pulled back into traffic, going southbound in the northbound lane of Route 77.

A Sheriff's deputy pulled behind her minutes later and reported she was driving 12 mph and not stopping.  He requested that State Police block the intersection at the Thruway.

A Trooper did manage to get to the intersection just before the driver arrived and stopped traffic.

The driver -- born in 1934 according to the scanner report -- was going up the bridge at 5 mph. She then hit a guard rail.  The next call said she had run into a snow bank.

A law enforcement officer then reported she was in a seizure and asked dispatch to expedite Mercy EMS. 

The woman has a pulse, according to a law enforcement officer on scene, but is unconscious.

UPDATE 12:55 p.m.: Mercy Flight is being dispatched.

Brandon C. Dodd, 23, of 128 1/2 State St., Batavia, is charged with petit larceny. Dodd is accused of stealing two video games from his roommate and selling them for cash at a local video game store.

Edwin Morales, 52, of 11293 Ridge Road, Medina, is accused of DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Morales was stopped on Route 63 in Alabama after Deputy C.J. Minuto observed Morales's vehicle allegedly cross the center double yellow line.

Kenneth W. Bater, 18, of 7795 Creamery Road, Bergen, is charged with DWI, consumption of alcohol in a vehicle and driving with a BAC of .08 or greater. Bater was arrested after Deputy Frank Bordonaro responded to a report of a suspicious vehicle at the side of the road on Creamery Road in Bergen. A passenger in the car, Kenneth E. Hale, 18, of 6101 North Lake Road, Bergen, was also charged with consumption of alcohol in a motor vehicle.

UPDATE The following is additional information on an accident we reported previously, and we just received the information from the State Police:

Steven M. Smith, 21, of Batavia, is charged with DWI and aggravated DWI. Smith reportedly hit two parked cars in the area of the old 84 Lumber store on Ellicott Street at 12:58 p.m., Sunday.

Flames are showing on the second floor at 199 Skye Road, Alabama.

Mutual aid was requested from Akron and Wilksonville, but both fire departments are tied up on another structure fire in Erie County.

A Pembroke tanker is now being dispatched to aid the Alabama Fire Department.  Mutual aid is also being requested from Oakfield.

The fire is on the reservation of the Tonawanda Band of Seneca Indians, west of Alabama.

UPDATE 9:37 p.m.: Alabama first responder reports the house is fully involved. The house is two houses east of Council House Road.

UPDATE: 9:57 p.m.: Water tankers from Darien and Corfu have been requested to assist. Oakfield is on location.

UPDATE: 10:04 p.m. "We're on our last tanker at the scene," said a firefighter there now. Niagara-Mohawk, the power company, is traveling to the fire site, but Alabama #2 says "No truck can get past us." They need lights.

UPDATE: 10:20 p.m. "We should be good on water," says an official on scene, noting there are three water tankers at the location.

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An Alabama man suffered minor injuries after allegedly falling asleep at the wheel and striking a parked car on Thursday.

The 5:15 p.m. accident occurred as Brandon W. Benben was reportedly driving northbound on Route 77 in the area of Sumner Road.

Benben's 2000 Toyota sedan reportedly drifted off the left side of the road, struck a utility pole and a garage before hitting the parked car.

Benben did not require transportation to a hospital. He reportedly suffered minor cuts to his arms.

Deputy Patrick Reeves handled the accident investigation and cited Benben for allegedly crossing a no-passing lane with double yellow markers.

An accident with injuries has been reported in Basom in front of the post office.

Alabama Fire and Mercy EMS are responding.

UPDATE 5:13 p.m.: First responder: One car, one truck; everybody is out of the vehicles, but have ambulance continue in emergency mode.

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There's a two-car accident with injuries reported at Alleghany and Ledge roads in Alabama. Air bags were deployed. Alabama Fire Dept. and Mercy EMS are handling the call.

UPDATED 12:37 p.m.: An Amherst man died from injuries sustained in an accident this morning on Route 77 in Alabama.

Anthony Acquisto, 32, was driving a 2004 Jeep north on Route 77 when he apparently lost control of his vehicle and crossed into the southbound lane where his Jeep was struck by a Peterbilt tractor trailer.

He died at 10:25 a.m., according to a Sheriff's Office announcement a short time ago.

Acquisto was taken by ground ambulance to ECMC after Mercy Flight was unable to fly because of weather.

The truck driver, Michael J. Oley, 58, of Medina, was taken by Mercy EMS to Medina Memorial Hospital with minor injuries.

Alabama and Pembroke fire departments assisted at the accident scene.

The accident is still under investigation by the Sheriff's Office.  It is being conducted by deputeis R.E. Meides, E.K. Seppala, Investigator R.M. Stone and Sgt. J.M. Meier.

Previously: Serious injury accident reported in Alabama

Mercy Flight is being dispatched to a two-vehicle accident on Route 77 just south of Route 63 in Alabama.

UPDATE 6:57 a.m.: Fire police are being dispatched to shut down Route 77 at Judge Road.

UPDATE 7:00 a.m.: Alabama Fire reports one critical injury, working on extrication.

UPDATE 7:03 a.m.: The patient has been extricated. Also, Shelby Fire has been dispatched to the north side of the accident on Route 63 for traffic control.

UPDATE 7:09 a.m.: Mercy Flight reports weather will prevent the helicopter from setting down at the original landing zone near the accident and is now going to land at the Oakfield-Alabama school. Oakfield Fire is being dispatched to O-A.

UPDATE 7:13 a.m.: A second ambulance has been requested, non-emergency, for the truck driver.

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Minor injuries, and possibly no injuries, are reported for a driver whose car hit a tree in the area of 1487 Ledge Road in Basom.

A first responder reports that the driver is out of the car and walking around.

Mercy EMS is responding.

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Michael P. Murphy, 24, of 38 Columbia Ave., Batavia, is charged with assault in the third degree and harassment. Murphy is accused of entering his brother's residence and pulling him out of bed and punching him in the back of the head. He allegedly pulled his arm in such a way as to injure his brother. Murphy's brother was treated at UMMC and released. Murphy was held on $2,500 bail.

David R. Gross, 19, of 7421 Seldon Road, Le Roy and two teen-agers also from Le Roy have been charged with petit larceny and possession of alcohol under 21. The trio allegedly stole alcohol from Tops.

Susan M. Shell, 28, of 2226 12th Place, Washington, D.C., is charged with DWI, driving with a BAC of .08 or greater and improper tail light. Shell was reportedly stopped on East Main Street by Officer Dan Coffey on Saturday at 12:53 a.m. for the alleged broken tail-light.

John W. Szabo, 54, of 9233 Main St., Lot 50, Clarence, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle and failure to notify DMV of a change of address. Deputy James Diehl responded to a "check the welfare" for a car parked on Route 77 in Alabama. Diehl reportedly found Szabo in his car allegedly intoxicated and with an open container.

John D. Baudhuin, 28, of 92 Marks Place, Apt. 3E, Staten Island, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Baudhuin was stopped by Deputy Patrick Reeves on Route 33 in Pembroke for an alleged traffic violation and found to allegedly be driving drunk.

Joseph Isadore Brenon, 58, of 349 Wright Road, Alabama, is charged with menacing in the third degree. Brenon allegedly verbally threatened a person.

Jacquelyn M. Siverling, 28, of 3747 S. Main St. Road, Batavia, is charged with DWI, driving with a BAC of .08, a speed-zone violation and failure to keep right. Siverling was reportedly spotted driving 51 mph on West Main Street by Officer Darryle Streeter on Wednesday. Her vehicle was pulled over in the parking lot of Billy Goats.

Brian A. Merritt, 35, of Alexander, has been arrested by State Police and charged with unlawful imprisonment and criminal contempt. The alleged incident was reported at 12:10 a.m. Sunday. No further details were released.