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An Alexander man already serving time in state prison on charges out of Wyoming County was sentenced today on a burglary conviction out of Genesee County.

Nicholas Antonucci entered a guilty plea in June to a charge stemming from a violation of a court order. The order barred Antonucci from seeing a particular person and since he entered the residence with the intention of violating that order, his entry was charged as a burglary. 

As part of a plea deal, other pending criminal charges and uncharged crimes in Genesee County were dropped.

The deal limited any sentence handed down by Judge Robert C. Noonan to prison time served concurrently with his Wyoming County sentence, which is two-and-a-third to seven years.

Noonan gave Antonuccie a two-year sentence.

Right now, it's just a big ditch, but eventually it will hold a sewer pipeline that pumps effluent from Pembroke to the the Corfu sewer treatment plant. The $1.7 million project provides for upgrades to the plant, providing Pembroke, the school district and the area's business parks created by the Genesee County Economic Development Center with needed wastewater service. The project is partially funded by Department of Environmental Conservation grants, GCEDC grants and ratepayers. Construction started yesterday.

Pam Kilgore hung this 9/11 tribute in front of her house on Morton Avenue today. She said her husband painted the tribute sign four years ago.

Terry Hills hosted the 5th Annual Hackers for Helicopter golf tournament today to benefit Mercy Flight.

The event served as a tribute to first responders. Mercy Flight pilot Brian Smith spoke of the dedication and sacrifice of first responders on behalf of their communities and said that all first responders consider it an honor to serve. Joining him were crew members William Hockenberry and Susan Thompson.

Skydivers also parachuted onto the ninth fairway to help kick off the event.

The skydiving team of Mike Maly, Bob McEvoy, Tim Allen, Bill Zipfel, with Nichols and Anthony Maly holding the flag. Mike Maly is a Buffalo firefighter and Zipfel is a member of the Genesee County Sheriff's Office. Both wore their uniforms for their dive.

A heat advisory has been issued for this afternoon with a predicted heat index topping 100 degrees.

The advisory is in effect from noon until 6 p.m.

The National Weather Service warns that if proper precautions are not taken, heat exhaustion and other heat-related symptoms could develop in those exposed to hot and humid conditions. The very young and the elderly are particularly susceptible.

Drink plenty of water. Frequent breaks in a cool area are recommended.

Anyone overcome by heat should be moved to a cool area and you should call 9-1-1.

New York Times: Colorado Lawmakers Ousted in Recall Vote Over Gun Law

Press release:

"After carefully considering the matter and waiting for President Obama to make his best case to the American people, I have decided that I will vote no to authorize U.S. military action in Syria, if and when the vote comes to the House. While I understand that this situation is very fluid, and the administration has agreed to diplomatic efforts through the United Nations, I am unconvinced that a U.S. military strike in Syria would be in the best interest of America and its allies in the region. The emergence of a non-military solution to this crisis -- as we have seen in just the last 24 hours -- demonstrates how ill-conceived and poorly thought out the President's plan has been since its inception. 

Proposing military action is one of the most serious decisions a President can make, and therefore requires a clear set of objectives and a clear exit strategy. This administration has satisfied neither, leaving us with serious questions about whether a U.S military strike in Syria will be indirectly assisting anti-American jihadist forces inside of the country and will not guarantee that Assad is unable to launch future chemical weapons attacks. 

Since the President proposed military action in Syria, and more recently since he decided to seek Congressional authorization for such action, I have received a tremendous amount of feedback from my constituents. I appreciate the more than 4,000 New York-27 residents who took time to let me know how they view this important national decision. My constituents are overwhelmingly opposed to any U.S. military involvement in Syria and after thoroughly deliberating on the matter; I believe they are justified in their opposition."

A trailer fire is reported at Lei-Ti Campgrounds, at 9979 Francis Road, Bethany.

Bethany and Town of Batavia fire departments responding.

UPDATE 7:38 p.m.: A chief responding can see smoke. Alexander's tanker requested to the scene. The fire is in the back in the "overflow" area.

UPDATE 8:10 p.m.: The fire is out.

UPDATE: The trailer was a 30-foot, fifth-wheel travel trailer that had sat unoccupied for about two years. The cause of the fire is not yet determined.

Rep. Chris Collins held a telephone press conference today at 2:30 p.m. Because of the accident in Elba, I was unable to participate, but I figured other media would have it covered.

WBTA: Rep. Collins says he'll keep an open mind as Pres. Obama addresses Syria situation tonight

Rep. Chris Collins says he’s still undecided about U.S. action in Syria, but for him to approve, he says President Obama has a hard task of convincing ahead because there are still many questions.

“Tonight I will be listening very closely to hear justification and it will be a tough sell, let’s put it that way, I think to the American people as well as myself, and I’m going to keep an open mind," he said.

Collins' questions include: “What’s our response if three days after the strike (Assad) did another chemical weapons attack? What would we do if Russia shot down our missiles? What would we do if Iran attacked Israel?”

OrleansHub: Collins says district 95 percent against Syrian military action

“The American public is tired of wars,” Collins said this afternoon on a conference call with reporters. “The president will have to work very hard to convince me and the American public the wisdom of a military strike.”

The congressman has conducted an online poll and he said 95 percent of the respondents reported they oppose U.S. military action in Syria.

Collins is critical of the president’s foreign policy, which the congressman said is in “disarray.” Obama has vacillated on how to handle Syria, Collins said, ultimately allowing Russia to step in and offer to take Syria’s chemical weapons so they could be turned over to international control. Collins said he is “disappointed in the president as the commander in chief.”

The D&C: Collins says Putin's Syria proposal diminishes U.S. stature

“What I am saying is, right now the country that’s driving the solution is Russia,” Collins told reporters in a conference call. “It is Russia that has stepped forward with a proposal to eliminate the chemical weapons in Syria.”

The freshman congressman said President Barack Obama “frankly has no real solutions” and “has vacillated all over the place.”

Two former Le Roy residents are facing possible jail sentences of up to six months in jail after entering guilty pleas today on charges related to a scuffle with law enforcement June 17, 2012.

While Elaina Mead and Donald Mead entered guilty pleas, they did not admit to any wrongdoing under terms of what's known as an Alford Plea.

The plea is intended as an admission that they would likely be convicted by a jury based on the available evidence without saying they did the actual deeds alleged under the charge.

Elaina Mead is accused of holding a knife to the chest of a Sheriff's deputy and Donald Mead is accused hitting the deputy at least six times with a heavy wooden door.

Elaina entered a guilty plea to a charge of menacing a police officer and Donald entered a guilty plea to a charge of attempted assault.

Both will be sentenced at 9:30 a.m., Dec. 4.

The alleged crimes occurred after Deputy Matthew Butler arrived at their home late that Father's Day to interview Michael Mead about an alleged violation of a court order. When he attempted to place Michael under arrest, Donald allegedly started hitting him with the door. The melee spilled into the yard and Elaina alleged exited the house with a kitchen knife. 

Le Roy Police Officer Emily Clark reportedly knocked the knife away and suffered a minor cut on her hand as a result.

Elaina initially entered a guilty plea in January but then later withdrew and asked for a new attorney. Today was the plea cutoff date imposed by Judge Robert C. Noonan for the Meads to either accept a plea deal or take the case to trial.

A 16-year-old Le Roy resident is accused of taking a 2000 Dodge Stratus on a joy ride overnight and when he allegedly failed to put it in park when he fled the car, the car rolled into a Sheriff's patrol vehicle.

Charged with unauthorized use of a vehicle and unlicensed operation is Daniel Alden Faville, of West Main Street, Le Roy.

Faville was allegedly operating the car on Route 5 in the village at 3 a.m.

He reportedly pulled the vehicle onto Craigie Street, where he fled from the car on foot. The car was reportedly not put in park and it rolled into a deputy's vehicle.

Faville was reportedly found later located at his residence where he was taken into custody.

The incident was handled by deputies Frank Bordonaro and Howard Carlson and Officer Dent of Le Roy PD.

Faville was also cited for alleged no headlights, no taillights, unattended motor vehicle and inadequate exhaust.

John Matthew Stassen, 67, of Moscow Road, Hamlin, is charged with petit larceny. Stassen is accused of stealing a gas can full of gas from a vehicle that was parked in the Batavia Downs parking lot at 7:32 p.m., Aug. 26.

New York Times:  The Border Is a Back Door for U.S. Device Searches

A concern about spending taxpayer money has prompted the Village of Corfu Board to assign trustees Art Ianni and Keith Busch the task of contacting Mayor Ralph Peterson to find out if he intends to take a leave of absence.

Peterson did not attend Monday's village board meeting.

The village received a copy of a doctor's note Aug. 29 that said Peterson was advised to take a leave of absence through the end of the year, but Peterson has not communicated to the trustees or anybody else official whether he intends to follow the doctor's advice.

There's been no communication from him since.

"We need something signed by him," Bielec said.

Deputy Mayor David Bielec suggested the board have Village Attorney Mark Boylan contact Peterson to clarify the leave of absence situation and reiterate the board's request that Peterson resign from his post.

Ianni asked if he could just contact the mayor himself.

"If you think you can make headway, go ahead," Bielec said.

Busch said rather than spend money on an attorney, both he and Ianni should contact Peterson, he said.

"We don't want to spend too much taxpayer money," Busch said.

He took the same stand on the notion of filing a petition to the Supreme Court to have Peterson removed.

"The court procedure, from what I understand, is very expensive," Busch said.

Bielec said Boylan told him it only has a 50-50 chance of succeeding.

Peterson has been under fire throughout the first year of his first term, being accused of lying to the board, harassing employees, exercising authority he doesn't have and trying to cover up for his friend Robert Alexander. Alexander is a former village justice. His daughter, Brandi Watts, was indicted on grand larceny charges for allegedly stealing more than $10,000 in court funds while working as a clerk for Alexander.

Peterson would continue to draw, by law, his mayoral stipend, while on medical leave. Trustee Ken Laurer said he continues to work at his day job.

Peterson is reportedly suffering from medical issues related to stress. He was reportedly hospitalized for a time prior to trustees receiving his doctor's note.

For prior Ralph Peterson coverage, click here.

Press release:

U.S. Senator Charles E. Schumer today urged the New York State Office of Parks, Recreation and Historic Preservation to expeditiously complete the cultural resource study that must be performed on a potential veteran cemetery site, before the U.S. Department of Veterans Affairs (VA) can choose to establish and construct a national veterans’ cemetery in Western New York.

The VA was in the process of performing due diligence on a proposed site on Indian Falls Road when they discovered the need to do a more in-depth archeological study, to be overseen and reviewed by the State Historic Preservation Office (SHPO), in order to finalize the selection. The cultural resource survey is the third phase of the archeological process, and concludes whether land contains historical artifacts and if so, how they must be addressed.

Once the study has been reviewed and a determination made by SHPO, the VA will have the information needed to proceed to their final site decision. Schumer noted that with a lack of a national veterans’ cemetery within a 75-mile radius, and hundreds of thousands of veterans living in the region, the time is long past to establish a national veterans’ cemetery in Western New York.

“It is time that hundreds of thousands of deserving veterans from Buffalo to Rochester and beyond are afforded a site for proper military burial near their home in Western New York. The delay has gone on too long, but the end is in sight: I am focused on breaking through this hurdle in order to get to a final site decision,” Schumer said. “The State Historical Preservation Office should swiftly complete the review of this archeological study so that a decision can be made posthaste, and so that our dedicated veterans can have a final resting place worthy of their service. Western New York veterans have a proud tradition of military service, and I’m going to keep pushing the VA to move full speed ahead and offer my support to knock down any barriers that may stand in the way of establishing this cemetery.”

For the past three years, the VA has been unsuccessful in reaching an agreement with property owners in order to purchase land for establishment of a National Veterans Cemetery. After the SHPO’s review and determination, the VA will be able to move forward with the selection of one of the final three candidate locations.

The cultural resources study includes taking subsurface samples of the land, and thus can only be performed between harvest and planting of crops; which is the reason the study has been so far delayed. The potential site in question is a 132-acre farm located at Route 77 and Indian Falls Road in Pembroke. The VA is also considering two other sites in the area.

Schumer has long argued that it is critical for the veterans’ cemetery location to be decided on and for acquisition to begin immediately. Half of New York Veterans are 65 years of age or older, and now is the time to start planning for the future of those veterans, and ensuring that they are treated with the honor they deserve. Schumer has heard from local veterans groups that veterans in Western New York desprately want to be buried in a national shrine, but don’t want to force their families to travel long distances to visit, potentially at great hardship to do so.

Today, there are more than 22 million veterans who are eligible for the honor of burial in a National Cemetery. Veterans with discharges other than dishonorable, their spouses and dependent children may be eligible for burial in a VA national cemetery. Those who die on active duty may also be buried in a national cemetery.

Senator Schumer has joined with Western New York vets for years in calling for the VA to locate the first federal veterans’ cemetery in the region. Around 2009-2010, the VA updated its burial policy, which changed the threshold of veterans required to construct a new national cemetery to 80,000 veterans within 75 miles of a proposed site. With this new policy, the region was more than qualified, there are nearly 100,000 veterans in Orleans, Niagara, Erie and Chautauqua counties alone, approximately 200,000 veterans in the Rochester region, and additional veterans who live more than 75 miles from the nearest available National Cemetery in Bath, NY. Schumer has fought to keep the VA moving forward in finding a site for this cemetery ever since, and has pushed the process through a variety of roadblocks.

In particular, throughout the process, Schumer has urged the VA to be more transparent about its selection timeline and site preferences. As a result of the Senator’s efforts, the VA has released information about the process to the local community, and after a personal meeting in Schumer’s D.C. office in 2012, committed to an expedited timeline.  Schumer vowed to continue his efforts to speed up the selection process and is now urging the State Historic Preservation Office to expedite its archeological study so that the VA can finally close on a property.

Press release:

Congressman Chris Collins (NY-27) announced today that the Genesee County Airport, located in Batavia, will receive two grants from the Federal Aviation Administration (FAA) totaling more than $1 million. The first grant, for $973,800, will fund the construction necessary to relocate the airport’s apron. An apron is the area of the airport where planes are parked, unloaded, refueled and boarded. This project includes 77,500 square feet of new pavement and the reconstruction of 44,000 square feet of existing pavement.

The second grant, for $63,000, will provide funding for the design of a new taxiway leading to the T-hangar at the airport. 

“Supporting local governments with the cost of maintaining, repairing and building critical infrastructure is an appropriate use of federal tax dollars,” Collins said. “Local taxpayers send a lot of their hard-earned money to Washington and it is only proper that we get a share of it back to assist with projects that are important to our local communities.”

The Congressman’s office remains available to assist any local government pursuing a federal grant.

Press Release:

New York State Department of Transportation (NYSDOT) officials will host a public hearing Thursday to detail proposed safety improvements at the intersection of Route 20 and East Road in the town of Bethany, Genesee County. NYSDOT will present the preferred alternative for the project, which includes construction of a modern roundabout and lowering the hill.

The public hearing will convene at 6:30 p.m. at the Bethany Community Center, located at 10510 Bethany Center Road. A short project overview including engineering, traffic and environmental, and right-of-way aspects of the project will be presented. Verbal comments will be recorded and written comments will be received.  Comments received by September 23 will be made part of the official project record and evaluated prior to finalizing the design alternative.

Highlights of the project design proposed under this alternative include lowering the profile of the hill on Route 20 just west of the intersection as well as building a modern roundabout to replace the existing dual stop signs and flashing red light. A roundabout will require vehicles approaching the intersection from both roads to decrease travel speeds. More information about the safety benefits of roundabouts can be found online at www.dot.ny.gov/20eastroad.

Accident statistics since 1998 show 36 total collisions including three fatal crashes. The accident pattern shows right angle and sight-distance related collisions, mainly from vehicles entering the intersection from East Road and often times failing to yield. The purpose of the project is to reduce the frequency and severity of crashes at this intersection.

The Draft Design Report is now available for public review. It is a comprehensive document that presents details of the preferred design alternative along with all the required supporting engineering evaluations and environmental studies.  A copy is available for viewing at the Bethany Town Hall or at the DOT Regional Office, located at 1530 Jefferson Road in Henrietta.  Portions of the report are also available on the project Web site at www.dot.ny.gov/20Eastroad  .

Construction for this $2.5 million project is scheduled for the summer of 2015.  Under this proposal, traffic would be maintained on Route 20 with construction of a temporary by-pass road. East Road traffic would be detoured.

The location for the meeting is accessible to people with disabilities. If anyone requires special accommodations to participate in this meeting, please contact Eric Thompson at 585-272-349.

A motor vehicle accident believed to be with injury is reported at Route 77 and Ledge Road.

Alabama fire and Mercy EMS dispatched.

UPDATE (by Billie) 10:45 a.m.: There is entrapment. The accident is blocking traffic. One vehicle has three adults and a child inside. A second ambulance is called. Three vehicles are involved, one of which is towing a small trailer.

UPDATE 10:49 p.m.: Indian Falls is called as mutual aid to provide traffic control, and aid with extrication if needed. Law enforcement is on scene.

UPDATE 10:52 a.m.: There is a total of four patients.

UPDATE 10:54 a.m.: Alabama commands reports there is no entrapment.

UPDATE 10:56 a.m.: A third ambulance is called in.

UPDATE 11:05 a.m.: The child's injuries are minor. One ambulance is going to Erie County Medical Center. Three patients, including a 75-year-old female, are being taken to UMMC.

UPDATE 11:42 a.m.: The two other patients bound for UMMC are a 2-year-old boy and a 42-year-old male. Indian Falls is back in service. Most, if not, all Alabama units have cleared the scene.

UPDATE 11:57 a.m.: The Alabama assignment is back in service.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Monday Sept. 9 from approximately 9 a.m. to 3 p.m. in the general area south of West Main Street and west of Jackson Street.

Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.