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A car and motorcycle accident is reported at Broadway Road and Attica Road, Darien.

Minor injuries are reported.

Darien fire and ambulance responding.

UPDATE 7:02 a.m.: First responder: "Motorcyclist is up and conscious."

A man was killed early this morning after his car crossed the center line on Route 19 near Bissell Road in Bergen and struck a pea combine head on.

Carmelo Rivera, 22, of Holley, was pronounced dead at the scene, according to the Sheriff's Office.

The accident was reported at 2:32 a.m.

Rivera was driving a 2004 Mercury Sable northbound when it crossed the center line and ran into a OXBO 9500 XP Pea Harvester.

It's possible another vehicle was in the area at the time of the crash and if so, investigators would like to interview that car's occupants. Anybody with information should call the Sheriff's Office at (585) 345-3000.

The accident is being investigated by Deputy Frank Bordonaro, Deputy Howard Carlson, Sgt. Eric Seppala and Deputy John Duyssen of the Crash Management Team.

Responding to the scene were the Bergen Volunteer Fire Department, Mercy EMS and State troopers.

Joseph Gottstine found four $1 coins in the front yard of his mother-in-law, Stacy Lynn Neureuther, Saturday afternoon. What makes them such a neat find, is three of them are silver dollars from the 1880s. One is a silver dollar from 1971.

Gottstine's metal detector tells him if the hunk of metal under the ground is likely a penny, nickel, dime, quarter or silver dollar. Neureuther's yard on Elm Street is apparently filled with coins, though Gottstine only dug out the dollars.

Neureuther is curious how the coins got there. The house was built in 1910. Could construction workers have lost them? Or did they just accumulate over time.

She looked up the value of the coins online and the 19th Century pieces may be worth about $65 apiece.  

Gottstine said he took up the hobby of metal detecting about a year ago and this is probably his most exciting find yet.

A hit-and-run accident was just reported on West Main Street, Batavia.

The suspect vehicle is a Red RAV4 last seen southbound on River Street.

Batavia PD is on scene.

UPDATE 1 a.m.: The vehicle is said to have a trailer hitch and handicap Florida plates.

UPDATE 1:02 a.m.: Correction on the RAV4. The vehicle does not have Florida plates

UPDATE 1:10 a.m.: A vehicle has been stopped at Route 33 and Dewey Avenue.

UPDATE 1:18 a.m.: Another potental matching vehicle was found at another location in the area, but there's no damage and the engine is cold. It doesn't sound like the first vehicle is considered a suspect vehicle at this time.

It would be impossible to get better conditions for an outdoor music festival than the blue skies, mild temperature and gentle breeze we experienced in Batavia on Saturday.

Two stages jammed with tunes and hundreds of music fans turned out for the annual event.

Sue Cappiello Copp and Anne Crotzer were collecting donations in support of Paul Tydelski, a local business and music booster, who has been ill.  The guitar, signed by Ramble musicians, was donated by Roxy's Music and will be given to Tydelski as a gift.

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While David Luetticke-Archbell chatted with one of the many well-wishers who stopped in his shop at Frost Ridge Campground on Saturday afternoon, he looked out the window and up the hill that traditionally has been a ski slope, but was on this sunny summer day a slip-and-slide.

Children and adults hollered as another slider managed to make it down the hill in a well-worn groove in the middle of the slide and flew over the hump at the end of the run. 

David smiled.

"I always say, 'this is a fun place,' " David said. "This is what it's all about. I look out and I see people having fun and it takes kind of some of the sting out of it. We lost some stuff, but this is why we're here, so we can have fun. We'll continue on. At least I plan to."

David and his partner Greg moved to Le Roy from San Diego in 2008 to purchase Frost Ridge and run it as a place where people could have fun.

They've built a successful business by offering personal service, great events and even live music.

It's all been jeopardized by the lawsuits of two neighboring couples and the Town of Le Roy. The suits aim to put the Luetticke-Archbells out of business.

In the stress of it all, Greg has had two heart attacks.

Then last night, they lost their home to fire. It was a home to David and Greg and their three children and dog Sadie. It contained, David said, everything that was important to them.

News of the disaster has spread among Frost Ridge supporters quickly. They've rallied to offer David and Greg both moral and monetary support.

"People have come from everywhere, even people I barely even know, have come to say we support you, we're praying for you," David said. "I've been handed two envelopes with cash in them. I have no idea who it came from, and they don't want me to know, and I'm sure there's more I don't know about."

Stacy Ward, a Frost Ridge employee, was standing nearby and said, "yes, there's more."

David, at that point, didn't know that campers had passed the hat that morning and collected $1,300 and already went shopping to buy clothing for David, Greg and their children.

He also didn't know at that point about a donation Web site that has been set up for them. So far, it's raised more than $1,600 in cash donations.

Even with the donations of money, clothing and toys David knew about this morning, he was still having a hard time taking it all in -- especially on only an hour's sleep.

"It's surreal," he said. "I'm not used to these kind of things. I don't know what to say. It's a very humbling experience."

Ernie Campoli, a seasonal camper at Frost Ridge, organized the fundraiser Saturday morning and said everybody felt it was the right thing to do.

"They're going through a tough time," Campoli said. "The town is messing with them. They just lost everything in their house, so we wanted to do something nice for them. They do nice things for everybody in the campground. We just want to show our appreciation and help out where we could."

When we spoke this afternoon, Greg was still at Strong hospital, but "screaming to get out," David said. David expected to check him out of the hospital in the afternoon. He seems to be doing well after being taken in for observation the night before because he was shaking so much after coming home to the fire just after 12:30 a.m.

Sadie is still missing.

Jim Bouton, with Genesee County Emergency Services, was at the house this morning, digging through the rubble, looking for any clues that might reveal how the fire started.

No cause has been found yet and the investigation could take days or longer.

Deborah Buchanan holds a 1960s era photo of the house. Her husband, Mark, joined the investigators in the rubble for a time pointing out the floor plan. His grandfather bought the farm the house was on in the 1940s and Mark lived in the house from 1949 to 1976, when he got married. He and his wife live in a house just a couple hundred yards to the west. The farm was originally owned by Fritz Conlon. It was a dairy farm until the 1960s and then a crop farm. Mark proudly pointed to the chimney and noted that it was still standing. His grandfather, a master mason, built it, he said. "It's not going to burn the house down. It was built right," he said.

As he stood just 100 yards from his home destroyed by an early morning fire, David Luetticke-Archbell wanted a picture made -- one that would bring in all of the scene filled with dozens and dozens of volunteer firefighters.

"I want our daughters to see this so they know that so many people came to help us," Luetticke-Archbell.

No lens offers a wide enough angle to bring it all in, but Luetticke-Archbell said he was "blown away" that so many would take their time to help others in need.

The fire may have destroyed every personal belonging of David and Greg Luetticke-Archbell, who moved to Le Roy in 2008 to purchase Frost Ridge Campground on Conlon Road.

"When we move out here, we scaled down to only what we could fit in our RV and we came and there were very few personal effects, just the things that actually had meaning because they came from a parent or a grandparent or something," David said. "There's nothing left. I keep telling the kids that it's going to be OK because we still have each other, but there's nothing else left. It's going to have to be enough."

David and Greg are parents to an 11-year-old boy and two 7-year-old girls. 

They also had a family dog, Sadie, who is missing.

David and Greg had been at the campground all day for Fourth of July and spent the evening enjoying a campfire with friends.

As they returned home at about 12:30 a.m., David said he could see the glow of a fire. He thought somebody's barn might be on fire. As they got closer he saw the fire trucks and it still didn't sink in.

"I thought, 'I hope nobody got hurt,' " David said.

Then it struck him.

"There is our home with fire on it and it’s everything that we ever had," David said. "And it’s not there anymore and I don’t know what to say."

As they pulled up, Greg rushed to the front door. He wanted to find Sadie. A Le Roy police officer stopped him from going into the burning building.

"An officer said 'no you can't, it's too dangerous,'" David said. "He was right because about that time the front of the house – it exploded. I mean you would have thought there was a bomb in there or something. I mean you ... look at this. There’s nothing left. There’s like a frame."

While the house burned, Greg began to shake uncontrollably. He was taken by ambulance to Strong Memorial Hospital for observation. Greg recently suffered a pair of heart attacks.

It's been a stressful few months for the campground owners. They are being sued by neighbors David and Marny Cleere and Scott and Betsy Collins as well as the Town of Le Roy. The suits allege violations of the town's zoning laws over both the very existence of the campground (which as founded by Marny and Betsy's family in the 1960s) and live music concerts held at Frost Ridge. Judge Robert C. Noonan granted a temporary injunction to the town barring amplified music at Frost Ridge pending a final decision on the lawsuits.

Le Roy Fire Chief Tom Wood was the first on scene and he said the back porch of the residence at 8005 North Road was completed engulfed in flames.

Firefighters entered the structure to pitch an offensive battle against the flames, but when a ceiling collapsed on them, they had to retreat.

An explosion inside the residence knocked down a firefighter who was outside the building. He wasn't injured in the blast.

From that point, the fire fight was defensive and crews did manage to knock the fire down before it did heavy damage to the front of the house.

"Our biggest problem here was water," Wood said. "We've got three different counties worth of tankers here shuttling water."

In all, 12 fire departments responded to the scene.

Wood said it may be possible or the David and Greg to recover some belongings from the front of the structure, but in all likelihood, it will need to be torn down.

The house was built in 1806 and David said the beams of the house are cut tree trucks that still have bark on them in places.

Frost Ridge has a history of supporting the Le Roy Fire Department.

"It definitely hits home with us," Wood said. "These guys have been great to us. They run a Fun Day for us. With everything else that's going on there, they certainly didn't need this."

UPDATE 11:26 a.m.: The cause of the fire has not yet been determined. The investigation is being conducted by Deputy Frank Bordonaro, the Le Roy Fire Department and Genesee County Emergency Management. 

Assisting at the scene were Alexander, Brockport, City of Batavia, Town of Batavia, Bergen, Bethany, Byron, Caledonia, Churchville, Cuylerville, Darien, Elba, Mount Morris, Mumford, Oakfield, Perry, Scottsville, Stafford, South Byron, Pavilion and York. Mercy EMS also responded to the scene. Inmates from Wyoming Correctional Facility were also bussed in to help.

(Initial Post)

David Luetticke-Archbell receives a hug from a neighbor.

I was driving to Centennial Park on July 4th afternoon when we got the call for the fire in Bethany, so I didn't make Picnic in the Park until things were winding down.

I did get to meet Hiawatha and her owner Brian, which was fun, and I enjoyed some great Celtic music by Gan Ainm.

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It was just a storage shed. Some straw. Some sawdust. Bedding for the animals on a farm started by Michael Adams and his family in 1979.

The family built that shed. The first one of the Adams Farm property. Talking to Michael Adams after fire reduced the structure to rubble, you could see those remembrances pass before the long gaze of his eyes.

“Everything here got built by my brother, my dad, myself, my kids, my wife, everybody that’s come along through here," Adams said. "We tried to do all the work ourselves." He paused. "I look at it and start thinking about the days we were building it and, know you. …What can you do?”

The fire at 5664 Little Canada Road, Bethany, was reported at just before 2:40 p.m., but by then it was already too late.

“We were fixing a hose in the shop and came out, just got done with it, sent the neighbor back home with it, our tenant actually, back home with the hose," Adams said. "Came around the corner and looked and seen black smoke coming out the one corner of the barn there and that’s when I called 9-1-1 and tried to get down there and see if there was anything I could do but I couldn’t even get near it. It was already hotter than hot, you know."

The Adams farm specializes in replacement heifers for dairy farms and has about 60 head of beef cattle. The farm also grows corn, soybeans and a little bit of hay, Adams said.

Bethany Assistant Chief Jeff Pietrzykowski, today's scene commander, was in the city when he got the dispatch for the fire. Pietrzykowski could see the smoke column all the way down Ellicott Street. He immediately put out a second alarm for Stafford Fire to respond as well.

The first firefighters on scene found flames leaping from the windows and the roof was already gone.

"Our top priority was keeping it from the other buildings," Pietrzykowski said. "There was heavy fire. It was almost on the ground when we got here, but we were worried it was going to spread."

With no public water in the area, tankers were needed to haul water from a nearby pond.

Mutual aid departments included Alexander, City of Batavia, Town of Batavia, Le Roy and Pavilion.

The cause of the fire has yet to be determined.

"It’s just like everything else around here, probably way under-insured, you know," Adams said. "Maybe we can put something smaller up if possible, but just to store our bedding and whatnot -- for the cattle mostly, that’s what it’s used for."

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UPDATE: Kathy Hochul at Picnic in the Park later in the day with Wayne Fuller. Photo sent to us by a third party, but originated with a member of Hochul's staff.

NOTE: You may be wondering why there are no pictures to go with Kathy Hochul's stop at the farmer's market. My camera was still set up for multiple exposures from last night's fireworks at the Muckdogs game. A fact I didn't discover until I got home. This also left me with no usable pictures from the Kiwanis 5K to benefit autism research.  

Genesee County's former congressional representative, Kathy Hochul, now running for Lieutenant Governor, said she's been craving some brownie-stuffed cookies from the Batavia Downs Farmer's Market, so Hochul said she decided to get an early start on her campaign day and drive out to Batavia.

Hochul also bought strawberries and hand-crafted chocolate.

"It's a big state and I've got to go to all four corners, but I love Genesee County and I'll be out here as often as I can," Hochul said.

After terms as Erie County County Clerk and in the House of Representatives, Hochul worked for about 18 months for M&T Bank. It was a job she said she loved and still got her out into the community, but when Gov. Andrew Cuomo called and asked her to replace Robert Duffy on the election ticket, Hochul said she was tugged by the lure of representing people in New York again.

"I realized when the call came, there was a little bit of an emptiness, that I really wanted to get back and serve people in a more direct way, so I could not have been more thrilled than to have received the call and accept this honor and start running," Hochul said.

This, she said, is what she was meant to do.

"It's not something I pushed for at all," Hochul said. "When I think it about it, it just feels right, to be back out there meeting people all over this amazing state. I love my congressional district and I love representing Upstate New York, but the opportunity to go all over the state and meet new people and see them in their environments and businesses, I just feel like this is a calling. I've always thought public service is a calling. I'm so delighted to be back in the game."

As a candidate for reelection to Congress, Hochul had won over pretty much all of the gun rights groups, campaigning as a strong advocate for the Second Amendment. Now she's working for a man who has become the most reviled politician in New York by gun rights advocates. Hochul said she doesn't believe there is a contradiction in her position then or now.

Here's her full response to that question:

I believe there is a middle ground. I know many, many gun owners. I have family members who are marksmen and who are hunters and this is part of a culture up here and people need to understand that. There's no effort to remove guns from legitimate gun owners. I think there is sometimes a hysteria that's created, but people have to understand we respect the Second Amendment, but also there are many people who understand the need for background checks. As a county clerk, I like the fact that there are background checks performed, because there are people you don't want to have guns in their hands. They could do harm to fellow citizens. I believe there is an accommodation and I believe there is a reasonable approach. The extremes on one side or the other aren't going to agree with that, but that's how I've been my entire life in public service. There's a pragmatic middle ground and if people are willing to listen to each other, we'll get to the right answer. That's where I stand.

The stop at a farmer's market reminded her a lot of her term in Congress, she said, especially representing farmers.

"It reminds me so many tours of the farms and the struggles they face, when the weather's bad and there's a flood or a drought or there's army worms," Hochul said. "They're such resilient people and to know that I'll be in a position to promote their work in a new capacity as Lieutenant Governor working with Gov. Cuomo, it's going to be great."

The following arrests were made during the Brad Paisley concert at Darien Lake Performing Arts Center on Thursday.

Nolin S. Jackson, 36, of Capen Boulevard, Amherst, charged with disorderly conduct after allegedly blocking vehicular traffic and causing a disturbance while exiting the concert parking lot.  

David S. Rosati, 24, of Fix Road, Grand Island, charged with trespass after allegedly reentering the south PAC entrance after being ejected from the venue and told not to return.

Rachel N. Brandt, 22, of Chelsea Park, Pittsford, charged with trespass after allegedly reentering the south PAC entrance after being ejected from the venue and told not to return, and disorderly conduct after allegedly causing a disturbance while being ejected the second time.

Michael J. Arcuri, 20, of Old Goodrich Road, Clarence, charged with harassment, 2nd, after allegedly shoving and slapping a deputy.

Adam P. Wilson, 18, of Blake Road, Brockport, charged with unlawful possession, of marijuana after allegedly being found in possession of marijuana.

Morgan K. Miller, 18, of Fairmont Street, Buffalo, charged with unlawful possession, of marijuana after allegedly being found in possession of marijuana.

Ryan David Adams, 20, of North Ellicott Creek Road, Amherst, charged with unlawful possession, of marijuana after allegedly being found in possession of marijuana, and possession of a fictitious license. 

Juliana Bilodeau, 18, of Winona Boulevard, Rochester, issued an UTT for possession of a fictitious license.

Juliana M. Y. Tirone, 18, of Wadsworth Court, Tonawanda, issued an UTT for possession of a fictitious license.

Victoria A. Schlabig, 18, of Banko Drive, Depew, issued an UTT for possession of a fictitious license.

Paul N. Castricone, 17, of Nathans Trail, Lancaster, issued an UTT for possession of a fictitious license.

It was a take-me-out-to-the-ball-game kind of night at Dwyer Stadium. A nice night for a ball game and fireworks.

The hometown team, alas, didn't win. It's a shame.

As 1,782 fans watched, Batavia let first place in the Pinckney Division slip from its grasp, the mood in the stands was barely even dampened, even by a short rain delay in the eighth inning. There would be, after all, win or lose, an Independence Day fireworks show after the game.

Families were there with their children -- some seeing their first professional game -- and fans had the peanuts and Cracker Jacks (not to mention beer and sausage) to fall back on.

The evening started poorly for the home crew, and never really got better. The final, 7-1. The Muckdogs drop to 12-8 on the season. The Spikes are now 13-7.

In the first, starter Jorgan Cavanerio (1-1) sandwiched a walk between a pair of singles, giving up a run, and setting the tone for his fourth outing of the season.

Two singles and a walk in the second led to another run -- a run that scored an inning-ending double play, something you don't see often. The Spikes' Chase Raffield scored on a sacrafice fly to center, then a base running blunder led to Danny Diekroeger getting doubled up at second.

Cavanerio held the line in the third, but the Spikes blew the game open with four runs in the fourth. All four runs came with two outs. 

Jake Stone started the scoring procession with a home run, which could have been worse, if a lead-off walk hadn't been erased by a double play.

During Stone's at bat, there was a lot of griping on the home side about the inconsistant ball and strike calls of home plate umpire Anthony Perez. To partisan minds, Stone should have been out on strikes, and the inning over, on the pitch prior to the gopher ball.

After a team conference on the mound in which manager Angel Espada appeared to try and console his struggling hurler, Espada stood in front of home plate and jawed in the face of Perez for a good two minutes. Perez, stone-faced, just listened. Ejected, Espada walked to the dugout, handed his line-up card to his assistant, and trekked the 300 feet to the clubhouse cheered by fans along the third base line.

Cavanerio gave up 10 hits in four inning of work, walking four. The six earned runs raised his ERA through four starts to 7.71.

Offensively, the Muckdogs never really got anything going. Brian Anderson, Ryan Cranmer, Kevin Grove and Miles Williams each picked up singles for Batavia's only four hits on the night.

Anderson, a third-round draft choice out of Arkansas, has played 10 games at second and is hitting .317. 

Batavia's lone run came in the second, after first baseman Eric Fisher reached on a strikeout, eventually advancing to third and scoring on a double play. There were no hits in the inning.

The National Anthem and "God Bless America" during the seventh inning stretch were sung beautifully by Emily Helenbrook.

The Muckdogs are on the road tonight, traveling to Mahoning Valley. They return home Monday for a 7:05 p.m. game against the Jamestown Jammers.

Batavia and State College, who are battling for supremacy in the Pinckney Division, clash at Dwyer Stadium tonight.

The 7 p.m. game is followed by an Independence Day fireworks celebration.

The starters are Dan Poncedeleon (1-0, 2,25 ERA) for the Spikes and Jorgan Cavanerio (1-0, 6.65) for the Muckdogs.

The Batavia offense will be led by Mason Davis, who is among the league leaders with a .344 batting average.

The Muckdogs travel to Mahoning Valley tomorrow night.

Timothy Robert King, 23, of Otis Street, Batavia, is charged with petit larceny. King is accused of stealing $361 from an employer in Le Roy.

Zachary Wayne Morlock, 22, of Gary Lane, Cheektowaga, is charged with DWI and driving with a BAC of .08 or greater. Morlock was stopped at 12:26 a.m. on Alleghany Road, Darien, by Deputy Joseph Corona.

Sherri Colleen Butler, 54, of West Main Street, Batavia, is charged with criminal contempt, 2nd. Butler was arrested on a Town of Batavia Court bench warrant.

Jerald A. Shuler Jr., 52, of Ellicott Street, Batavia, is charged with harassment, 2nd. Shuler allegedly threatened to hit a roommate and threw a cup of coffee. Shuler was ordered to stay away from his roommate.

Lisa M. Sequerth, 44, of West Main Street, Batavia, is charged with harassment, 2nd. Sequerth is accused of sending an ex-boyfriend 34 unwanted text messages after previously being warned not to contact her ex-boyfriend.

The following people were arrested during the Fall Out Boy concert at the Darien Lake Performing Arts Center on Wednesday.

Jemel Cannon, 36, of Crotona Park, Bronx, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Erica A. Price, 28, of Park Street, Buffalo, is charged with trespass after allegedly refusing to leave the concert venue after being directed to do so several times. Price was remanded to the Genesee County Jail in lieu of $500 bail.

Lily J. Walton, 20, of Maple Avenue, Elmira, is charged with harassment, 2nd, and criminal trespass, 3rd. Walton allegedly punched a concert security officer while being escorted out of the concert. An appearance ticket was issued for the harassment, 2nd, and Walton was released. Walton then reentered the concert venue after being told she could not return. Walton was arraigned on the criminal trespass, 3rd, charge and remanded to the Genesee County Jail in lieu of $200 bail.

Jordan J. Ruday, 22, of Livingston Street, Elmira, is charged with unlawful possession of marijuana after he was allegedly found to be in possession of marijuana cigarettes. Ruday was issued an appearance ticket and released. Ruday then reentered the concert venue after being told not to return. Ruday was arraigned on the charge of criminal trespass, 3rd, and remanded to the Genesee County Jail in lieu of $200 bail.

UPDATE 5 p.m.: The Sheriff's Office just released this list of alleged ABC violations at last night's concert.

Robert B. Dugan, 18, of Lake Road, North East, Pa.
Samantha D. Oriani, 19, of Broadway, Grand Island
Jordan J. H. Storch, 17, of Marlin Drive, West Seneca
Brandon R. Borzillire, 18, of Casum Court, Niagara Falls
Kelsey J. Wiskup, 18, of Matteson Corners, Holland
Kaylee A. Gutschow, 18, of Chatham Road, Medina, Ohio
Danielle N. Pinelli, 18, of French Road, Cheektowaga
Carly B. Polisoto, 20, of East Main Street, Fredonia
Erin E. Johnson, 18, of Sunset Creek Drive, West Seneca
Emily N. Kasprzyk, 18, of Sweet Road, East Aurora
Grace M. Wisner, 19, of Main Street, West Seneca

A man already in custody after allegedly trying to flee from a deputy following a traffic stop has been arrested on a trio of City Court warrants containing more than a dozen criminal charges.

On the first warrant, James T. Saddler III, is charged with unlawful imprisonment, 1st, endangering the welfare of a child, assault, 3rd, menacing, 3rd, and menacing, 2nd. The charges stem from an alleged incident reported at 4 p.m. Nov. 21 on State St., Batavia. He is also charged with two counts of aggravated family offense.

Related to an alleged incident reported at 8:15 p.m. April 1 on Olyn Avenue, Batavia, Saddler is charged with endangering the welfare of a child, unlawful imprisonment, 2nd, and harassment, 2nd. 

The third warrant covers endangering the welfare of a child and two counts of harassment second. The alleged incident was reported at 2:50 p.m. April 12 at a location on Olyn Avenue, Batavia.

Saddler was picked up just after midnight Wednesday following an attempted traffic stop by Deputy Joseph Corona on Park Road. Saddler allegedly tried to flee from Corona on foot. He is charged with criminal impersonation, 2nd, obstruction of governmental administration, 2nd, aggravated unlicensed operation, 3rd, and driving with a suspended registration.

The Sheriff's Office listed Saddler's residence in Rochester. Batavia PD lists Saddler as "no permanent address" in Batavia.

The defendant is being held in Genesee County Jail without bail.

Pew Poll Question Results

The Batavia Concert Band kicked off its 2014 summer season at Centennial Park this evening. 

The season has been dedicated to the late Wayne A. Burilson, conductor, who died March 26 at age 37.

The guest conductor tonight was John Kresse.

Shows this year are scheduled for 7 p.m. in the park on July 9, July 16, July 23 and July 30 (all Wednesdays).

The band will also play Friday, July 4, at GO ART!'s Picnic in the Park, which runs from noon to 5 p.m.

Speaking of Picnic in the Park and music, also performing are Stephanie Pietrzak, “America’s Polka Sweetheart,” at 1 p.m., and at 2:30 p.m. is “Trilogy,” a four-piece classic rock and roll band, followed at 4 p.m. by Gan Ainm, playing Irish and Irish American traditional music, led by John Ryan.

And speaking of live music in Batavia, the Ramble Music at Arts Festival is this Saturday in Jackson Square. The opening ceremony is at 11:15 a.m.

There was an open house this afternoon for the new mixed-use complex in Jackson Square.  

The former Carr's Department Store Warehouse is now four apartments and a downstairs office space.

One of the apartments is already rented. Thermory, a company that installs thermo-treated wood decks, has moved into the office space.

The building was purchased by developer Paul Thompson and partners, who invested more than $500,000 of their own money as well as leveraged $115,000 in state grants to complete the conversion project.

Features of the building include exposed original beams, industrial-grade wood floors and brick walls.

Some of the shelter volunteers call him "Boyfriend," which tells you something about how "Foxer" has won the hearts of the people who care for him every day.

The white and brown pit bull is sweet, kind and gentle and gets along well with the other dogs and people he meets.

The only serious issue for Foxer these days seems to be a question of how much longer he's going to be confined at the Genesee County Animal Shelter.

Officially, he's "evidence." 

Foxer, also known around the shelter as "Skully," is caught in a legal battle between his owner, Nina Kelso, and the government that is prosecuting her for allegedly mistreating him.

Kelso's case has been pending in Batavia City Court since Feb. 4 when she was charged with torturing or injuring an animal; failure to provide sustenance; and owning/harboring an unlicensed dog. 

The 29-year-old Batavia resident had another court appearance scheduled last week, but as with her previous court appearances, her case was continued, so Foxer's fate remains unresolved.

According to Batavia's Animal Control Officer James Sheflin, Kelso won't sign Foxer over to the shelter so he can be adopted, and since Kelso's case is still pending, the shelter has no choice but to keep him confined.

He can't even go to a foster home because he's considered evidence. Until his status changes he has to remain in the supervision and custody of the shelter.

And he's getting a little stir crazy.

During those hours he's confined to his cage, Foxer doesn't do much other than spin in circles. 

"In the kennel I think he gets a little bit of anxiety, but as you can see, as soon as he gets around humans he's happy and ready to go," Sheflin said. "I can't speak to how he was before we got him, whether he had a lot of human contact before, so I don't know if it's a separation-anxiety type thing."

Volunteer Brenda Cromwell said Foxer is walked daily and even gets a car ride from time to time, but still he spends about 23 hours a day in his cage.

Healthwise, he's doing much better. When he first came into the shelter (see picture below), he weighed 49 pounds. Today, he weighs 75 pounds.

He was treated by a vet for gastroenteritis. 

"He is food-obsessed and looks forward, anxiously, to his next meal," Cromwell said.

Another dog brought to the shelter a couple of weeks before Foxer was Nessa, owned by Lauren K. Pellegrino. Pellegrino's case, like Kelso's, is still pending, so Nessa remains confined to the shelter, but has adjusted to shelter life better than Foxer. Nessa displays no anxiety issues, but is as comfortable and happy around people as Foxer.

Photo of Foxer taken Feb. 4.

Nessa, above, today, and below, when she was first brought to the shelter.