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Some wiseacre sent along this picture captured from the Marchese Computer shop web cam with the remark, "no body's laid down yet."

How would you characterize Ted Kennedy's legacy? NOTE: I will delete any comments that in my sole judgment are mean spirited. I realize Ted Kennedy is a controversial figure, but at the time of his death, no matter what you thought of the man, it is not proper to be clearly distasteful in your comments. That's not to say he or his policies are not open to criticism, just be respectful.

Michael C. Buzzell, 31, 26 Main St., Oakfield, is started with stalking and menacing following an incident outside the County Courthouse yesterday afternoon. Buzzell allegedly threatened another person in the parking lot of the court facility around 12:15 p.m. He and the other person were apparently appearing in court yesterday on the same matter. The alleged victim reports being threatened repeatedly by Buzzell. Buzzell was taken into custody at 4:42 p.m.

Lynn Desiree Bettilyon, 21, of 749 Washington St., Spencerport, is charged with attempt to evade or defeat tax and possession of untaxed cigarettes. Bettilyon was stopped for allegedly speeding in the Town of Alabama. She was allegedly traveling at 51 mph in a 40 mph zone. Deputy Tim Wescott investigated and allegedly found her in possession of 400 untaxed cigarettes. Bettilyon was also issued citations for unlicensed driving and driving left of pavement marking.

We received an e-mail reporting a working fire on Batavia-Elba Townline Road between State Street and Norton Road at 4:14 a.m.

Later, we received this picture from a volunteer at the scene.  I'll post more information about the fire as soon as I get it.

UPDATE 8:58 a.m.: The wife of a firefighter e-mailed this to us:

An Abandoned house was on fire in Elba this morning around 3:30am on  Batavia-Elba townline rd! They put it out around 5am! My husband just came  home from it and said they were waiting for someone to come knock it down to  the ground! Elba Oakfield S.Byron and town of batavia fire dept were called  and Barre was on stand by in Elbas hall.

UPDATE 9:12 a.m.: From a report filed by the Sheriff's Office:

The fire was reported at 3:17 a.m. at 4681 Batavia-Elba Townline Road, Elba. The house was vacant and owned by Ron Green, of 4975 Batavia-Elba Townline Road, Elba. The fire originated on the first floor or basement on the northeast corner.  The house was a total loss and uninsured. The cause is unknown.  Fire departments responding: Elba, Town of Batavia, Oakfield, South Byron, Byron, Albabam and Albion.

UPDATE 9:32 a.m.: Just spoke with Tim Yaeger, emergency management coordinator for Genesee County. He said the cause remains under investigation, but that the house still had electricity and water running to it, so investigators will probably be looking most closely at the possibility that it was an electrical fire.  There is nothing suspicious about the fire at this time, he said. The house is still smoldering, but it was burnt completely to the ground.  He said it's believed the house had been in an abandoned state for two months.

NOTE: We received this video this morning, but for some reason, it took YouTube a long time to process it. It's from a cellphone camera, presumably from a volunteer firefighter.

Judging from the pictures Ken Mislter posted to the Facebook page for Next Level Fitness, he and his workers are making good progress toward getting his downtown gym opened.  Mistler posted 15 new pictures showing the finishing touches being put into place.  No word on when he expects to open.

St. Nick's Social Club has paid back more than $10,000 of the $36,000 it borrowed through a city program in 2006, reports Joanne Beck.

“We don’t plan on stiffing anybody,” Club President Michael Rimmer told Beck, saying the club promised to pay the entire balance.

No payment has been made since May 2008.

The loans have already gone to a collections agency, Professional Account Solutions of Spencerport.

City Attorney George Van Nest said he didn't know what arrangements or collateral the club offered when it took out the loans because he wasn't city attorney at the time.

I've always dreamed of owning a powder blue Chevy Bel Air. Earlier this evening, I spotted one of the cars of my dreams at the Tuesday Night Classic Car Cruise downtown. I also saw the Mustang of my dreams, and the Impala of my dreams and the Camaro of my dreams. Unfortunately, no Cadillac El Dorado of my dreams, though.

Next Tuesday night is the last night to catch these classic beauties, if you haven't been yet this summer.

BATAVIA, N.Y. -- Demone Dillon, one of three men accused of robbing the Elba M&T Bank on June 18, entered a guilty plea this afternoon to robbery in the second degree with a recommended prison term of 3 1/2 to 10 years.

As part of the plea bargain, Dillon agreed to testify in any trial of either of the co-defendants.  He also agreed to acknowledge that his confessions the night of the alleged robbery are truthful.

Under oath, while being questioned by Judge Robert Noonan, Dillon admitted that he accompanied Michael Wells and Dennis Abrams to Elba on June 18 and that at the time he entered the vestibule of the bank, he knew the intention of Wells and Abrams was to hold up the branch.

Dillon said he held the door open because the two other suspects feared getting locked in, and he was also supposed to alert Wells and Abrams if he saw the police, but admitted he didn't watch too closely for the cops.

He also couldn't see what was going on in the branch office while the robbery was in progress, he said.

"Everybody admits he's the least culpable of the three," said his attorney, Richard R. Shaw II, after the hearing. "We think that for what he's charged with, this is a fair plea."

Shaw also said he believes at least one of the other co-defendants will soon enter a guilty plea.

The attorney for Abrams, Daniel Killelea, had a closed-door conference with District Attorney Lawrence Friedman and Judge Noonan this afternoon.

Thomas Burns, the attorney for Wells, recently filed a series of motions challenging the prosecution's case and requested a change of venue for a potential trial.

"I imagine they'll all eventually plea," Shaw said.

Dillon's bail was reduced to $250,000 cash OR $250,000 bond. Previously, it was set at $250,000 cash AND $500,000 bond.

Judge Noonan will sentence Dillon at a later date after a probation department review of the case and interviews with Dillon, family members and victims.

Ronald J. Wendt, accused of vehicular manslaughter in the death of an 18-year-old Dansville girl, will have his case presented to a grand jury, Darien Town Justice Michael Davis ruled this afternoon.

Davis made his ruling following an hour-long hearing in which District Attorney Lawrence Friedman was required to prove the state has enough evidence to sustain a charge of vehicular manslaughter in the second degree.

Friedman called two witnesses: the Sheriff’s deputy who conducted the field sobriety test at the scene of the Aug. 14 accident and a young lady who was a passenger in the car with the teen-ager who died later that night.

The night of the accident Wendt was driving a 2001 Dodge Ram truck back from Attica, where he had been bailing hay most of the afternoon. He was headed westbound on Route 20.

Wendt made a left-hand turn into the parking lot of My Saloon when his truck was struck by a 1993 Toyota Camery.

Katie Stanley was a passenger in the right rear of the Camery. She sustained fatal injuries.

Neither the speed of the Toyota nor whether Stanley was wearing a safety belt was discussed during the testimony of Deputy Timothy Wescott.

Wescott spent more than an hour on the stand, mostly detailing the procedures and conclusions of the field sobriety test he conducted.

Shortly after he arrived at the accident scene, Wescott said Wendt approached him and said, "I'm the one you're looking for."

When Wescott asked Wendt what happened, Wescott testified that Wendt said, “I saw the vehicle coming. I thought I had time (to make the turn). I guess I didn’t.”

The Camery stuck the back portion of Wendt's truck.

Wescott did not conduct the accident investigation and could not say whether there were skid marks on the roadway.

The portion of Route 20 were the accident occurred is a short span of roadway that moves quickly from a 55 mph speed zone down to 40 and then back to 55.

Wescott testified that he smelled alcohol on the breath of Wendt and also detected slurred speech.

Wendt reportedly told Wescott that he had a couple of beers while bailing hay in Attica, then two or three beers after the work was done. He said, according ot Wescott, that he finished his last beer about 15 minutes before the accident.

Defense Attorney Thomas Burns honed in on the details of Wescott's field sobriety test, apparently trying to establish that Wendt was not impaired at the time of the accident.

Wendt failed all but one of the tests. Burns asked questions about the heavy boots Wendt was wearing at the time, and whether fatigue could play a role in Wendt's inability to successfully complete some of the tests -- it can, Wescott said.

The test Wendt passed involves a police officer holding a pen or other object in front of a suspect's eyes and asking the suspect to track the pen. The officer is looking for whether the suspect can smoothly track the pen, whether the eyes jump and whether the movements remain coordinated. Wendt passed that test.

A chemical test, however, conducted at 12:10 a.m. showed that Wendt's BAC was .08 of 1 percent, right at the limit of when a driver is considered intoxicated.

Once Wendt was at the Sheriff's station, Wescott testified, he expressed concern about the victims of the accident.

"He asked me a couple of times 'is every one OK?'" Wescott said. "He said he would deal with whatever happened to him, but  he wanted everybody to be OK."

Burns issued a statement following the hearing challenging the prosecution's conclusion that Wendt's conduct constitutes, as defined by New York State law, a "criminal cause of action."

"While we are acutely aware of the grief which the family of the deceased must be enduring, the plain fact is that not every motor vehicle fatality constitutes the basis to charge a motorist with a crime," Burns wrote.

Burns asserts that it is a common misperception that drinking and driving is illegal in New York.

"The plain fact is that it is not," Burns wrote. "Our state legislature, through the laws in effect, has determined that it is the responsibility of every motorist to determine for him/herself when they have had too much to drink. ... Simply stated, it is illegal to operate a motor vehicle in an intoxicated condition. We believe that there is ample evidence available which demonstrates that Mr. Wendt was not intoxicated at the time of accident occurred."

In addition to calling Wescott, Friedman also asked Gabrielle E. Mahus to testify. He asked only a couple of questions to establish that Mahus was at the scene of the accident, was aware that Stanley was taken away in an ambulance and had recently attended her funeral.

Flags at fire departments throughout Genesee County are flying at half staff today to honor two fallen comrades in Buffalo early Monday.

Buffalo's Lt. Charles W. "Chip" McCarthy Jr. and Firefighter Jonathan S. Croom died in a fire at a deli on Genesee Street, by apparently falling through the floor of the burning building while looking for a possible victim trapped inside.

McCarthy, a 22-year veteran of the department who comes from a family of Buffalo firefighters, is survived by his wife, Terry, three children and a 6-month-old grandchild. Croom, a 10-year veteran, leaves a 9-month-old child and his fiancee; fire officials said he lost a young child a few years ago.

The men and women who worked with McCarthy and Croom remember them as dedicated, professional firefighters.

Declining participation by younger members led to the demise of St. Nick's Social Club, Frank Ferrando told WBTA.

"I think a lot of clubs today find it extremely difficult," Ferrando said. "Over time, losing a lot of our old-time members, the younger members didn't participate in the club as much as needed and you really need that membership participation in order to survive."

Ferrando, a city councilman, is a long-time board member of St. Nick's.

The 400-member club that has occupied its current location on South Swan Street since 1948, hosted the Lion's Club meeting last night as its final official function.

Ferrando also said local charities will lose out on a long-standing source of donations and assistance. (MP3)

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. When you need to book your next party, think T.F. Brown's. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

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

Adam Miller Toy & Bicycle, 8 Center St., Batavia, N.Y.: 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.

Total Image Hair Salon/Sarah and Amanda Lowe, 226 Ellicott St., Batavia, NY: Time to update your style? Go for a different look or finally get the hair styling you've dreamed of -- give Sarah or Amanda at Total Image a try. We have a $22 gift certificate for $11.

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: Always a great place for gifts, South Main just brought in a bunch of new merchandise from the region. We have a $20 gift certificate for $9.

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

 

SOLD OUT

A newly delivered load of ground up paper and saw dust used for cattle bedding at Zuber Farms was on fire when it came off the delivery truck this evening, according to John Durand, chief of the Byron Volunteer Fire Department.

The fire was reported at the station, where the department had assembled for Monday night training, about 7 o'clock.

Durand said the fire was out in about 10 minutes, but then there was an ongoing task of spreading out the sawdust, wetting it down, spreading it out more and then doing it again. Plus, they had to check it periodically with a thermal camera to ensure the fire was doused.

The process served as good training for his crew, Durand said, and the method his firefighters used helped save most of the $1,500 worth of bedding.

South Byron assisted, in a large part, Durand said, to ensure manpower relief because of the heat of the day.

"Byron and South Byron always work together," Durand said. "Because it's so hot, I wanted the ambulance here in case the heat got to anybody in full turn-out gear and air packs (which they wore) because I didn't want them to breath the paper dust into their lungs."

Audio: MP3 of Interview with Chief Durand.

Initial Reports Below:

Fire units are responding to a reported "small sawdust fire" at Zuber Farms in Byron.

UPDATE: I missed the first alarm on this fire.  It sounds like mutual aid from Wyoming County was called in.  There are tankers being refilled, so I'm not sure how "small" the fire is.

UPDATE: Mixed calls on the Wyoming dispatch. That was for training in Pavilion.  I'll have more on this fire a little later.

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Le Roy public  safety officials are starting the education process for village and town residents about the changes coming to police and fire dispatch.

Starting on Oct. 1, the Le Roy dispatch office will consolidate with the Genesee County dispatch center and the Le Roy office will close.

The dispatch number of 768-2527 will be answered by an automated attendant and callers will be guided through menu choices.

Of course, 9-1-1 will still get callers immediately to an emergency dispatcher.

Here's a message from Chief Chris Hayward:

Effective Thursday, October 1, 2009 the way you contact the Village of LeRoy Government, as well as police, fire, and ambulance will fundamentally change for Village and Town residents.  The Village of LeRoy Dispatch Office will officially close as of that date, and the public safety portion of the dispatch center will be fully consolidated into the Genesee County Emergency 911 center.

-    EFFECTIVE 10/01/09 IF YOU NEED A POLICE OFFICER, THE FIRE DEPARTMENT OR AN AMBULANCE YOU SHOULD DIAL 911.  IF YOU DO CALL 768-2527 YOU WILL BE ABLE TO OBTAIN THESE SERVICES THROUGH AN AUTOMATED ATTENDANT, HOWEVER WE DO ENCOURAGE THE USE OF 911 TO ASSURE IMMEDIATE ASSISTANCE.    

-    768-2527 WILL NO LONGER BE ANSWERED BY A DISPATCHER.  IT WILL BE ROUTED TO AN AUTOMATED ATTENDANT, WHICH WILL PROVIDE YOU WITH MENU CHOICES.  WHILE THERE WILL BE OFFICE PERSONNEL DURING NORMAL BUSINESS HOURS OF MONDAY THRU FRIDAY FROM 8:30 AM TO 4:30PM ALL CALLS TO 768-2527 WILL BE ROUTED TO THE APPROPRIATE OFFICE THROUGH THE AUTOMATED ATTENDANT.   

As with any major change we expect issues to present themselves despite our every effort to make the transition as smooth as possible. We ask for your patience and support during this transitional period. 

For more information on how consolidation may affect you, please go to the Village of LeRoy website at www.villageofleroy.org

A U.S. Senate hearing on dairy prices is scheduled Thursday at 2 p.m at GCC.

Sen. Kirsten Gillibrand, who is chairwoman of the Subcommittee on Domestic and Foreign Marketing, Inspection, and Plant & Animal Health, called the hearing to gather testimony on dairy prices and how government regulations impact pricing and what changes may need to be made.

This is a formal Senate hearing and only invited panelists will be given an opportunity to speak and ask questions, but any member of the public can attend the session. RSVP by contacting Gillibrand's office (see below). Also, anyone can submit written testimony to be included in the official record if received within five days of the hearing.

The panelists providing testimony represent producers, processors and economists.

A letter from Sen. Gillibrand's office lists the panelists:

 

Panel I – Producers and Processors
 
Barb Hanselman – Barb served on the local Farm Service Agency (FSA) committee and is a candidate for the state FSA committee. She owns a dairy farm in Delaware County and is actively involved in the farming community.
 
Robert Church – Robert is the herd manager of Patterson Farms, a 980 cow farm just west of Auburn, NY. The farm was the first in Cayuga County to complete a voluntary certification through the New York State Cattle Health Assurance Program.
 
Robin Keller – Robin and her husband, Kip, milk 100 cows in Byron, NY. She is the director for the New York Jersey Cattle Club and the President of the Genesee County Farm Bureau. She volunteers with the local 4H and Holstien clubs as well. 
 
Bruce Krupke – Bruce is the Executive Vice President of the Northeast Dairy Foods Association, which is a full-service trade association that includes processors, distributors, cheese and ice cream manufacturers, and producers.
 
Ron McCormick – Ron is a former representative on the National Dairy Board, which develops and administers a coordinated program of dairy promotion, research and nutrition education. They are funded by a 15-cent-per-hundredweight fee levied on all milk marketed commercially by producers.
 
Panel II – Economists and Experts
 
Dean Norton – Dean is a dairy farmer and agricultural consultant from Batavia, and was elected President of New York Farm Bureau in 2008.
 
Andrew Novakovic – Andrew is a professor at Cornell University who specializes in the economics of dairy markets. He is the director of the Cornell Program on Dairy Markets and Policy.
 
Bob Wellington – Bob has represented Agri-Mark at all Federal Order hearings since joining the cooperative in 1989. He serves as a member of the National Milk Producers Federation Federal Order and Price Support Committees and is a director and treasurer of the Council of Northeast Farmer Cooperatives.
 
Kim Pickard-Dudley – Upstate Niagara Co-op is a full-service dairy co-operative located in Western New York and owned by dairy farmers. They operate milk processing plants in Buffalo and Rochester and have a distribution center in Syracuse.

Members of the public who wish to provide testimony can do so in writing:

However, if you have written comments you would like to submit, feel free to bring them to the hearing, where they will be collected at the end, email to: dairyhearing@gillibrand.senate.gov or mail to our Rochester Office at Kenneth B. Keating Federal Office Building, 100 State Street, Room 4195, Rochester, NY 14614. If received within five days of the hearing, these comments will be submitted for the official record.

Gillibrand's office is asking  anybody who wishes to attend to RSVP:     

If you would like to attend the hearing, please RSVP to our Rochester regional office by calling (585) 263-6250 or sending an email to dairyhearing@gillibrand.senate.gov.

Main St. Pizza Company, 206 E. Main St., Batavia, N.Y.: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have four $5 gift certificates ($10 value) that can be used together or separately for $10.

The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Brighten up your home or office with flowers! We have a $20 gift certificate for $8.50.

Settler's Restaurant, 353 W. Main St., Batavia, N.Y.: Settler's has a 25-year history in Batavia of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Present Tense Books and Gifts, 101 Washington Ave.:  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.

Amelia's Antiques and Collectibles, 5213 E. Main St. (Rte 5), Batavia, N.Y.  In addition to the deal of the day, here's an offer for any customer: "Receive a FREE large primitive beeswax star tart with any purchase." And: Click Here to download an entry form for a drawing to win $75 in merchandise from Amelia's. We have a $20 gift certificate for $8.50.

Eclectic Creations, 625 E. Main St., Batavia, N.Y. Do you like fashionable purses? Maybe a unique watch is more your style. Eclectic Creations a variety of items that you won't find in any other local store. This is a $20 gift certificate for $7.50.

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

 

SOLD OUT

 

Demon Dillon, one of the three men accused of robbing the M&T Bank in Elba on June 18, is scheduled to appear in court tomorrow at 2:30 p.m.

The court docket lists the appearance as "plea."

When a defendant is scheduled for a plea, that often means his attorney, in this case, Gary Horton, and the District Attorney's office have reached a plea agreement. 

If local farmers are finding it harder to make a living, the cause may not be just a recession cycle.

The industry is changing, and in ways that appear not to be good for farmers, and may ultimately be bad for consumers.

The four largest grocery chains now control more than 36 percent of all food sales in the U.S., according to a GAO report. In 1982, the same chains controlled only 16 percent of the market. They are Wal-Mart, Kroger, Albertsons and Safeway.

At the same time, the share of the food dollar that goes to food producers has declined, and the gap between what consumers pay and what farmers receive has never been bigger.

The consolidation of retail chains has not yet led to higher prices for consumers, but that could change once the advantages of greater efficiency have been wrung out of the market place.

The Government Accountability Office said the gains in efficiency experienced by large firms may begin to diminish, “while market power could continue to increase,” the agency wrote. “In the retail sector, one expert expressed concerns about the effect on food prices in the future if food retailing becomes dominated by a handful of larger chains.”

Two experts counter that the increasing concentration in the food industry has already lowered prices paid to farmers, ranchers and dairy owners.

C. Robert Taylor, an ag economist at Auburn University, and Fred Stokes, executive director of the Organization for Competitive Markets, have asked the Department of Justice to examine this area of the economy for violations of antitrust laws, and it has agreed to open an inquiry.