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Two passengers injured in accident after driver strikes deer

By Howard B. Owens

A teen-age driver reportedly struck a deer Wednesday evening, over corrected and overturned her car in a ditch on Boyce Road in Pembroke.

Two of her passengers were injured.

Taken to UMMC for treatment were Randy J. Hesler, 16 and Amanda Richley, 18.

Kelsey Nichole Milks, 17, of 576 Main Road, Corfu, was driving a 2001 Pontiac sedan at 9:21 p.m. She was uninjured.

A fourth passenger, Abbigayle R. Henry, was also not hurt.

No citations were issued.

Deputy Patrick Reeves investigated the accident.

Minor injury reported in rear-end accident on Pratt Road

By Howard B. Owens

One person was injured in a rear-end car accident on Pratt Road in Batavia on Wednesday.

Treated at the scene was Mark D. Humel, 18, of East Pembroke, for an arm pain complaint.

Humel was cited for allegedly speeding.

The other driver, Lori A. Defazio, 53, of 2636 Pratt Road, Batavia, was uninjured.

Defazio was reportedly driving westbound on Pratt when she slowed to make a left turn. Humel allegedly did not notice her slowing or see her turn signal.

Humel's car struck Defazio's from behind and spun it around 180 degrees.

The accident occurred at 5 p.m. It was investigated by Sgt. Greg Walker.

Haitian mission team makes it to Port au Prince in effort to return home

By Howard B. Owens

The Lutheran mission team, which includes two Batavia residents, that was in Haiti when the 7.0 earthquake hit Monday has made it safely to the Port-au-Prince airport, according to Jason Christ.

Yesterday, WBTA's Geoff Redick spoke with Rev. Allen Werk (mp3), pastor at St. Paul Lutheran Church, who described the plan for the group's return.

Werk said once the group reached the Port-au-Prince airport, a military aircraft would take them to either Florida or the Dominican Republican, and from either of those airports, they could take a commercial flight home.

The big challenge was transportation from Les Cayes to Port au Prince. The group regularly depends on a bus driver based in Port au Prince, which is where the driver was when the quake struck.

"Somehow or another he found gas in Port au Prince for his bus and is right now on his way from Port au Prince to Les Cayes," Werk said yesterday.

On the trip from Batavia are Sharon Wolf and Zach Ashley.

One of the team members from Tonawanda, Sue Steege, occasionally updates her Twitter account with the group's status.

Apparently, at least two members of the group are still awaiting visas.

National figures show sales up with local businesses for holidays

By Howard B. Owens

While national chains struggled a bit with holiday sales, a national survey showed locally owned shops gaining 2.2 percent sales, according to a report on New Rules Project.

The survey also found that independent retailers in cities with active "Buy Local" or "Think Local First" campaigns reported stronger holiday sales than those in cities without such campaigns. These campaigns have been launched by local business alliances in more than 100 cities and towns. Independent retailers in these cities reported an average increase in holiday sales of 3.0%, compared to 1.0% for those in cities without an active Buy Local initiative.

Nearly 80% of those surveyed said public awareness of the value of choosing locally owned businesses had increased in the last year (16% said it had stayed the same).

"The buzz about buying local was louder among my customers this year than any other year," said a shoe store owner in Michigan.

"We've had many customers say they are making a real effort to 'Buy Local' this year. A number of customers said they saw an item at a chain store or online, and came back to us to purchase it," said a retailer in Maine.

Trends in rural small business in 2010

By Howard B. Owens

Small Business Trends has published a list of 10 trends to watch in 2010 for small businesses in rural areas.

Top of the list is the census.

Census 2010 – Population counts are critical for government programs, grants, and more for a decade. Smart small towns and counties will be actively finding ways to get everyone counted. Watch for town meetings to answer questions, and a whole bunch of canvassing. Your small town business will be indirectly affected by the results for ten long years.

At number three is the always important "shop local" trend.

Brasky named Geneseean of Year; Rose Garden, The Batavian, Kutter's Cheese Factory win annual awards

By Howard B. Owens

Batavia High coaching legend Myron "Buddy" Brasky has been named Geneseean of the Year for 2009 by the Genesee County Chamber of Commerce.

Reached just before a basketball game tonight, Brasky didn't have much time to talk, but he said he never expected the award.

"It was a total surprise," Brasky said. "I had no idea I was even being considered. It was a surprise. It's a big honor. I'm surprised and honored."

Rose Garden Bowl/Viking Valhalla Restaurant was named Business of the Year.

The Batavian was named Innovative Enterprise of the Year.

The Agriculture Business of the Year is Kutter’s Cheese Factory in East Pembroke.

Special recognition awards are going to the Batavia Area Jaycees and the Batavia Muckdogs' parent company, Rochester Red Wings Community Baseball.

The annual awards will be presented at a ceremony at the Holiday Inn on March 6.

Thruway Authority floating idea of wind turbines along I-90

By Howard B. Owens

Apparently, the New York State Thruway Authority thinks it can get a little greener by constructing wind turbines at various locations along I-90.

While a memo from the authority to Genesee County officials stresses the preliminary nature of its planning, there is a dot on the map at the Batavia exit.

The state agency is seeking public feedback on the proposal, and county officials seem pretty cool to the idea.

County Planner Jim Duval shared with the Planning Board last night that County Manager Jay Gsell and Highway Superintendent Tim Hens are concerned that the Batavia location is a mere 4,500 feet from the county airport.

The ideal distance would be more than 10,000 feet.

Not to mention the exit is a relatively commercial, high-traffic area.

The Planning Board voted unanimously to send a resolution to the authority opposing placement of a wind turbine at the Batavia exit.

Owner of 14 pure bred dogs upset after board votes against permit

By Howard B. Owens

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.

Drivers of both cars in fatal Darien accident named in lawsuit

By Howard B. Owens

One of the passengers in a car involved in a fatal accident Aug. 14 in Darien Center has filed a lawsuit seeking unspecified damages against the drivers of both vehicles.

Timothy L. Enderle names as defendants Ronald J. Wendt, Jr., Rachel L. Enderle and Michael A. Enderle.

Rachel, 27, was reportedly the driver of a 1993 Toyota sedan owned by Michael. Timothy, 20, was a passenger along with Gabrielle E. Mahus, 18, and Katie M. Stanley, 18.

Stanley died as a result of injuries sustained in the accident.

According to the initial Sheriff's Office press release, Timothy was transported by ambulance to UMMC and later transferred to Strong Memorial with a hip injury.

When we reached Rochester attorney Sheldon W. Boyce, who is representing Timothy, he wasn't in his office and didn't have a copy of the case with him, but he indicated there is no specific allegation of distracted driving by Rachel or equipment failure in the Toyota.

"Any time there are two cars in an accident, there is a certain percentage of fault with both drivers," Boyce said.

Wendt, who is accused of drunken driving, is in jail on $250,000 bail awaiting trial on a 12-count indictment that with enhancements could lead to a 25-year prison term.

For previous coverage, click here.

Planning board sides with residents on RV resort plan in Oakfield

By Howard B. Owens

About a dozen Fox Road residents showed up to the Genesee County Planning Board meeting last night to express opposition to a proposed RV campground in their neighborhood.

The board listened and went against the original recommendation to OK the project and voted to recommend disapproval of the application.

That means the Oakfield Town Board will need a majority-plus-1 vote to approve a special-use permit for the project to go forward.

Mike Dilcher wants to build a campground that will eventually hold 268 sites on 30 acres.

Opponents said such a dense campground will spoil their idyllic neighborhood, as well as run the risk of causing wells to run dry, potentially polluting the area creek and groundwater as well as greatly increase traffic on Fox Road.

"I think our main concern is the water because on Fox Road, we're all on wells, obviously," Fred Oaksford said. "Even though the town has applied for a water district, that's at least three years away."

After expressing concern about potential dramatic increase in traffic and decrease in property values, Bob Chamberlain said the development would totally change the character of the neighborhood.

"This will destroy a residential neighborhood that is really a very beautiful neighborhood," Chamberlain said.

Dilcher presented the board with letters from five Oakfield businesses that support the campground, saying the RV resort would be a much needed boost to the local economy.

Before the vote, Board Member Berney Staats said the board should take no action on the application.

"I wouldn't feel comfortable voting for it and I wouldn't feel comfortable not voting for it," Staats said. "I believe people have a right to do what they want with their property. I think people have property rights, but I don't feel comfortable with it."

County Planner Jim Duval pointed out, however, that if the board didn't take action, the Town of Oakfield board could approve the permit with no modifications.

At that point, Bob Bennett made a motion for disapproval, which passed 8-0.

Pregnant defendent released to parents to give birth

By Howard B. Owens

Seven months into her pregnancy, a Caledonia woman who admitted to stealing jewelry and guns from a Le Roy Home this summer, has been released from jail until after the birth of her baby.

Nicole L. Green, 23, was scheduled for sentencing today on her burglary 2nd conviction, but Judge Robert C. Noonan delayed sentencing and released Green to the care and custody of her parents for the final months of her pregnancy.

"I'm counting on your parents who I assume have the same concern for your baby as I do, and that if you violate any the terms of your release, you be taken away from your baby for a very long time," Noonan said.

Green was jailed without bail in November following a reported violation of the terms of her release while awaiting sentencing on her conviction. Green reportedly failed a test for substance use.

The young woman, visibly pregnant and dressed in orange jail garb, agreed with Noonan repeatedly that her parents would ensure she obeyed the terms of her release.

Noonan called her parents to the bench and asked them both if they would ensure that she stayed in their house 24/7 and report any violation immediately to the court. They said they would.

If Green abides by the terms of her release, rather than a prison sentence, Noonan could release her on a lengthy probation term.

Today's Deals: Carlson's Studio, Present Tense, Adam Miller and more

By Howard B. Owens

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

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

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

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.c

Carlson's Studio, 39 Jackson St., Batavia, NY: Family photos are more than just photographs. When you need photos for that special occasion, Carlson's is a great choice in Genesee County. We have a $100 gift card for $50 (+$2 PayPal Service fee).

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

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

Carlson's Studio

Picture: Snow fun at St. Joe's

By Howard B. Owens

Mrs. Case's first-grade class at St. Joseph School go outside every Wednesday during recess-time for some fun in the snow.  Pictured are Mrs. Case with Aiden Berne as he readies himself for a speedy-ride.

Photo submitted by Nora O'Neill

Picture: Barn on Horseshoe Lake Road

By Howard B. Owens

I remain fascinated by the old barns of Genesee County. Yesterday, coming back from the incident on Mullen Road, I spotted this one at Horseshoe Lake and Sanders roads in Stafford.

Trial date set in alleged burglary of Holland High Lift

By Howard B. Owens

The attorney for an Oakfield man accused of burglary and larceny at Holland High Lift in Bethany withdrew a series of motions today and set his client's case for trial.

Unless a plea agreement is reached before Feb. 26, the case of Michael L. Jackson will go to trial April 19.

Jackson is accused of burglary 3rd, two counts of grand larceny 3rd, and two counts criminal mischief 2nd.

The case was set for a hearing today on Public Defender Gary Horton's motions to suppress Jackson's post arrest statements, but Horton withdrew those motions, according to Assistant District Attorney Will Zickl, and instead asked that a trial be scheduled.

For previous coverage, click here.

Police Beat: Woman accused of driving snowmobile without permission, drunk

By Howard B. Owens

Melissa Ellen Quigley, 30, of 6535 Main Road, Stafford, is charged with unauthorized use of a vehicle, operating a snowmobile while intoxicated and operating a snowmobile without a helmet. Quigley was arrested at 1:45 this morning by Deputy Frank Bordonaro on the listed charges.

Craig M. Meyer, 24, of 6611 Albion Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Meyer was stopped by Deputy Tim Wescott for allegedly driving 78 mph in a 55 mph zone on Route 63 in the Town of Batavia on Wednesday.

Cory R. Markidis, 20, of 2 Beechwood St., Rochester, is charged with unlawful possession of marijuana and unlicensed operation. Markidis was stopped by Deputy Matthew Butler on Route 33, Town of Stafford on Jan. 3.

A 17-year-old resident of Oakfield is charged with unlawful possession of marijuana. The youth was arrested at his home after allegedly being found in possession of a small quantity of marijuana.

A 17-year-old from Alexander is charged with unlawful possession of marijuana. The youth was arrested by State Police on Jan. 6. No further details available.

Jeffery R. Muntz, 26, of Bergen, is charged with aggravated unlicensed operation and false personation. Muntz was arrested by State Police at 3:10 p.m. Tuesday on Irving Parkway in Oakfield. He was jailed on an unspecified bail amount.

The following accidents were included on the State Police blotter:

9:03 a.m., Jan. 6, Town of Bergen, one vehicle; Driver: Mary E. West, 37, of Pallmetto, Fla. No injuries.

2:08 p.m., Jan 6, Fargo Road and Harlow Road, Town of Darien, two vehicles; Driver 1: Derek R. Long, 18, of Akron; Driver 2: James J. Lis, 22, of Darien Center. One reported injury.

2:55 p.m., Jan. 12, Brown Road, Town of Batavia, two vehicles; Driver 1: Timothy M. Zielinski, 40, of Attica; Driver 2: James J. Diabo, 59, of Batavia. No injuries.

3:59 p.m., Jan 12, Byron Holley Townline Road, Byron, one vehicle; Driver 1: Racheal J. Millspaugh, 26, of Bergen. No injuries.

(NOTE: One of the consistent bits of feedback from our survey is that we don't always follow up on accidents and other incidents we initially report off the scanner. We don't always get the reports in order to follow up. The State Police blotter includes some information about any accidents Troopers investigate. Rather than try to tie one particular blotter entry to something we may or may not have reported before, we thought we would start including all of the accidents from the blotter in Police Beat.)

Today's Deals: Center Street, Alex's, Belladessa's, Delavan's, Margarita's

By Howard B. Owens

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Belladessa's Pizzeria/Jackson St. Grill, 9 Jackson St., Batavia, NY: Here's a deal -- half off on a Family Meal Deal from Belladessa's, which is a large 1 topping pizza, 24 wings and 2-liter bottle of soda. It's a $25 value for $12.50.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

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

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

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