pembroke

Gabriel Otis Houlihan, 19, of North Angling Road, Pembroke, is chargerd with DWI, driving with a BAC 0f .08 or greater, and moving from lane unsafely.  Johnston was arrested on Thursday in connection with an allegation that on July 18 at 5:35 a.m. he was driving drunk while on Peral Street Road, Batavia.  The arresting officer is Deputy Zachary Hoy.

Grand Jury Indictment: James J. Santiago, Jr., is indicated on counts of failure to register a change of adress as a sex offender and failure to sign verification form/confirm address. Santiago is accused of failing to register between October 2020 and February 2021.Grand Jury Indictment: James J. Santiago, Jr., is indicated on counts of failure to register a change of adress as a sex offender and failure to sign verification form/confirm address. Santiago is accused of failing to register between October 2020 and February 2021.

Photo by Joanne Meiser.

Bryan Lewis Fitts, 32, of Chestnut Ridge, Gasport, is charged with criminal possession of narcotics with intent to sell and two counts of criminal possession of a controlled substance with intent to sell. Fitts was allegedly found in possession of a sufficient amount of narcotics and controlled substances to suggest he intended to sell the illicit drugs after being ejected from the Luke Bryan concert at Darien Lake at 9:23 p.m., Saturday.  Deputy Jeremy McClellan reportedly spotted baggies of drugs hanging out of his socks.  He was arraigned in Town of Pembroke Court and released.

Aaron J. McFollins, 42, of North Spruce Street, Batavia, is charged with assault 3rd. At 1:18 a.m., June 4, McFollins is accused of throwing a chair at a woman causing an injury.  He was arraigned in City Court and released on his own recognizance.

Aaron J. McFollins, 42, of North Spruce Street, Batavia, is charged with grand larceny 4th, identity left 3rd, and petit larceny. McFollins is accused of taking and using another person's credit card.  McFollins was arraigned in City Court and released on his own recognizance. 

Larry Kennedy, 43, of Eastbrooke Lane, Greece, is charged with felony DWI, unlicensed operation, driving outside restrictions, driving without an ignition interlock device, and aggravated unlicensed operation. Kennedy was arrested by Batavia PD following an investigation into a suspicious condition at an undisclosed location on Aug. 8. He was released on his own recognizance.

Matthew Oppel, 34, of East Main Street, Batavia, is charged with driving while impaired by drugs, driving while using a portable electronic device, running a red light, and failure to keep right. Oppel on July 31 for an alleged incident at 7:37 p.m., March 20. Oppel was reportedly involved in a property damage accident on Main Street, Batavia. Following an investigation, Oppel was accused of driving while under the influence of drugs at the time of the accident.  He was issued an appearance ticket.

Laura R. Mroz, 32, of Chandler Avenue, Batavia, is charged with harassment 2nd. Mroz is accused of pushing another person on Aug. 7 at an undisclosed location.  Morz was issued an appearance ticket.

John K. Hobbs, 33, of Clinton Street Road, Batavia, is charged with menacing 3rd.  Hobbs allegedly threatened a woman and put her in fear of physical injury during an incident reported at 6 a.m., Aug. 13.  Hobbs was released on his own recognizance.

William G. Horner, 70, of Batavia, is charged with assault with intent to cause physical injury with a weapon, and Wendy L. Henry, 36, of Batavia, is charged with assault 2nd/injuring victim 65 or older.  Horner and Henry were arrested by State Police in connection with an incident reported at 8:39 a.m., Aug. 11, in the Town of Batavia. No further information was released. Horner was ordered held in jail and Henry was released on her own recognizance.

Jessica R. Parker-Sharkey, 28, of Rochester, is charged with criminal impersonation, criminal possession of a controlled substance 7th, and driving with a suspended registration. Parker-Sharkey was arrested by a trooper in connection with an incident at 3:20 p.m., Aug. 12.  No further information was released.  She was released on an appearance ticket.

Tyler J. Gasiorek, 27, of Cheektowaga, is charged with DWI and driving with a BAC of .08 or greater. Gasiorek was stopped at 3:47 p.m., Saturday, in Bergen by a state trooper. He was released on an appearance ticket.

Patrick J. Reiner, 49, of Corfu, is charged with felony DWI and felony driving with a BAC of .08 or greater. Reiner was stopped by a trooper at 12:01, Sunday, in the Town of Pembroke. He was released on an appearance ticket.

David B. Kenjockety, 44, of Lockport, is charged with DWI and driving with a BAC of .08 or greater. Kenjockety was stopped by a trooper at 8:50 p.m., Aug. 13, in the Town of Darien. He was released on an appearance ticket.

Deborah M. Kreienberg, 62, of Pittsford, is charged with felony DWI and driving with a BAC of .08 or greater. Kreienberg was stopped by a trooper at 2:19 p.m., Aug. 13, in the Town of Bergen. She was released on an appearance ticket.

Last evening's sunset in Pembroke by Joanne Meiser.

Press release:

The Genesee County Health Department is aware of concerns about rodents at the Indian Falls Log Cabin restaurant located in Corfu, NY. 

Public Health Sanitarians conducted an inspection this morning, August 13th, 2021, and the owner has voluntarily closed the restaurant.

The facility will remain closed until further inspections are completed. 

And then there was one.

The Pembroke Town Board on Thursday night voted, 5-0, to sign an amended water supply agreement with Genesee County, leaving the Town of Darien as the lone municipality not to opt in to a contract that would set the stage for $10 million in sales tax distribution from the county to its towns and villages over the next 38 years.

“We felt that it was more important to secure sales tax funding than to hold out on the water agreement,” Pembroke Town Supervisor Thomas Schneider Jr. said. “In good faith, we believed that it was best to mend some fences with the county.”

In a previous story on The Batavian, Schneider indicated there were some hard feelings over the way water agreements were handled in the past, but the current board is willing to give county leaders the benefit of the doubt – believing that the legislature will attain its goal of equalizing the water surcharge.

Schneider also said he talked to County Manager Matt Landers about the potential of “bumping up” the guaranteed sales tax money to be shared with the municipalities in light of the Village of Corfu (at the end of July) and Town of Pembroke opting in.

PEMBROKE MAKES COUNTEROFFER

“Hopefully, we are thinking that the $7 million in sales tax distribution could go to maybe eight or eight and a half million – based on having Corfu and Pembroke on board.”

Genesee County’s offer to distribute $10 million in straight sales tax revenue is contingent upon universal buy-in from its towns and villages.

Without that universal buy-in, the proposal is to distribute $7 million in annual sales tax revenue and an additional $3 million in other revenue on a periodic basis over the next 38 years.

Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Legislature Chair Rochelle Stein was asked if lawmakers would consider Schneider’s proposal to increase the guaranteed sales tax distribution.

Choosing her words carefully, she replied, “Here’s what I’m going to say: Let us do our work.”

“We have not met and we won’t until Monday. So, there’s a process that we follow and let us do our work. But, certainly, that suggestion is taken and welcomed.”

FIXING UNBALANCED TAX RATES

Currently, the county’s revenue sharing process has created a situation, per state law, where towns with villages inside them have to keep two separate books and have two separate tax rates – an A fund for townwide sales tax that affects everyone and a B fund for sales tax that only affects the services of taxpayers outside the village.

Stein said the legislature’s focus has been “to be able to direct that revenue sharing into the B funds of those towns and villages; that is our focus for this entire process. And, if we can find a way to get there together, that’s our goal.”

She previously explained that the $10 million figure that the county is committed to putting into the sales tax agreement would fix the unbalanced A and B tax rate.

When asked if she thought the Darien Town Board would change is mind and opt in, Stein said she that if it did reconsider, it would need to be mindful that the county has a timetable to adhere to “that is significant because our calendar has already started.”

The legislature’s Ways & Means Committee is expected to address the situation at its meeting this Monday, with the full legislature scheduled to vote on a distribution amount on Aug. 25.

“Plus, the City of Batavia has to do this at their meetings in September and the (New York State) Office of Comptroller needs 60 to 90 days and we already want to be able to distribute our third quarter payments (in October) as sales tax,” Stein advised.

“Time is not our friend right now,” she said. “But for those six towns that have the B funds or that have villages in their towns, it is truly meaningful for their more rural taxpayers to rebalance that property tax imbalance that is occurring right now for them.”

PURSUING WATER RATE EQUALIZATION

Landers said he was “happy” to learn that Pembroke passed the resolution.

“I know that they will be hopeful that the county as a whole, not just Genesee County but the towns, will remember this 5-0 vote when it comes time for the equalization of the retail water rate charged by the Monroe County Water Authority,” he said.

“The county can recommend an equalized retail rate and, again, I’m certain that Pembroke is hoping for a spirit of cooperation seeing that they agreed to sign this agreement because they know it is best for the county as a whole.  It is in everyone’s best interest to have an equalized rate because it allows for the free flow of water a little easier between the center and western parts of the county.”

Landers explained that the original agreements with towns and villages dating back to the early 2000s each had “little nuances in them,” with different considerations.

“When the county took over individual water systems, the county water fund would make some compensation sometimes for that,” he said. “For example, we paid off some of the debt of the Corfu water plant for that village. All of the amended water supply agreements that the county have undertaken over the last three or four years have been uniform; we wanted to make sure that they’re all the same.”

The new agreements allow for the county, with proper notification and justification, to increase the surcharge above 60 cents (per 1,000 gallons). The original agreements were frozen at 60 cents but since then, the later agreements raised it to $1.20 to pay for Phase 2 of the Countywide Water Supply Project.

CLEANING UP THE LANGUAGE

The county manager said one of the sticking points was the county removing erroneous language in the initial agreements that guaranteed supplying water to the municipalities.

“It’s erroneous in the sense that the Monroe County Water Authority, in our agreement with them, can’t guarantee us water; there are things that can happen,” he said. “It is difficult for us to guarantee something that’s not guaranteed to us.”

He said that changes had to be made “because we need water to pay for water.”

“When we go to Phase 3, 4, 5, 6 and 7 (of the Countywide Water Supply Project), if there needs to be an increase (in the surcharge) to pay for the debt service, there needs to be a way to pay for it,” he said, adding that 20- to 30-year cash flow projections – including the retirement of some debt service -- indicate that the surcharge should not increase that much, if at all.

Landers said that he continues to speak to Darien Town Supervisor Steve Ferry Jr. about his board’s decision.

“If Darien passed a resolution next week and they signed the water agreement, it is possible that the amount in the resolution on the floor of the legislature on August 25^th could be amended to be increased to $10 million,” he said. “I still have hope that we can find a path forward so that we can share the full $10 million in sales tax, and have everyone on the same water supply agreement.”

Asked if Ferry has sought concessions from the county, understanding that Darien has been paying more for water than other towns and villages, Landers would not go there.

“I don’t want to get into the subject of proposals back and forth,” he said. “I want all of that to be discussed between him and I, and our legislature and his board.”

Previously: Darien Town Board votes to not accept county's updated water agreement offer; Corfu signs on; Pembroke TBD.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

A caller to emergency dispatch reports there are people in the water at Indian Falls.

The caller stated that the people parked their cars in the Log Cabin parking lot, on the south side of the falls, and walked around to the north side to enter the water.

A deputy is responding.

UPDATE 4:15 p.m.: The caller is no longer at the restaurant but provided a description of the vehicles to pass along to a deputy.  The deputy has found the vehicles.

Village of Corfu? In.

Town of Darien? Out.

Town of Pembroke? To be determined.

That’s the status of three municipalities on the western side of Genesee in the county’s quest to achieve updated water supply agreements from all towns and villages leading up to a proposed $10 million annual sales tax distribution plan.

Corfu, Darien and Pembroke had been holding out on signing the amended water agreements since early July when the Genesee County Legislature introduced its potential solution to revenue distribution by linking it to a reworking of current water supply pacts.

On July 28^th, Corfu trustees voted to accept the agreement.

Last week, Darien Town council members voted, 5-0, to not accept the county’s offer.

And this coming Thursday (Aug. 12), the Pembroke Town Board is scheduled to vote on the issue.

A $10 MILLION OFFER

As previously reported, the county needs universal buy-in to the updated water agreements to set a plan in motion to distribute $10 million in sales tax revenue to municipalities over the next 38 years.

Without all towns and villages opting in, the county is proposing to distribute $7 million in annual sales tax revenue and another $3 million in other revenue on a periodic basis over the next 38 years. Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Contacted Sunday, County Manager Matt Landers explained that money would have to be withheld from communities that don’t sign the agreement to ensure that the water fund is made whole.

“In those cases, it will be the entire community paying for it and not just the water users,” he said. “For the Town of Darien, we’ll make sure water consumption is covered at $1.20 (per 1,000 gallons) if it can’t be covered by a surcharge because there’s a valid contract in place only charging them 60 cents. So, we’ll just have to equalize that through lower revenue distribution payments.”

Landers said he respects Darien’s decision, but welcomes further discussion with Darien Supervisor Steve Ferry Jr. and the board.

“We would love to have a $10 million sales tax sharing agreement in place for the next 38 years to provide that guaranteed revenue source to all towns and villages, but Darien is going to do what it feels is best,” he said. “I understand he’s (Ferry) doing what he believes is in the best interests of his constituents, which a town supervisor would do. I happen to disagree.”

DARIEN BOARD NOT CONVINCED

Ferry said his board rejected the county’s idea for several reasons.

“We have a water agreement in place,” he said. “This is the same resolution that they offered in 2018 and the board, then, rejected it. It was a totally different board but the outcome was the same, a vote of five to nothing.”

He said Darien officials are looking for a master plan to see “what was going to happen in the future” and also for movement toward an equitable, unified water rate in the county.

“We felt that our positioning was that if we signed it, they would still ignore us. So, we did not sign it because it is the only bargaining position that we have,” he advised.

Ferry said the county “ditched the sales tax agreement in 2018 with the towns and village in favor of a contract with the City of Batavia, and now they want us to try and fix it.”

“The two (water and sales tax) shouldn’t even be connected,” he said. “Why is it that we’re tying them together now?”

FERRY: ‘GIVE US A BONE’

When it was mentioned that the Town of Darien would receive less in revenue than entitled to based on assessed valuation, Ferry said, “Possibly, but then again, possibly, I call the AG’s (New York State Attorney General) office.”

“I’m saying, ‘Work with us here. Give us a bone.’ And they did nothing. They would not even produce a letter stating that they would try to equalize the rate within X amount of years – because I think they don’t think they can.”

Ferry said the Town of Darien pays $1.12 more per 1,000 gallons of water than other communities.

“If they make the claim that water pays for water, we on the western side of the county have been paying more for our water to get water out here,” he said. “If the east and the central part need water, why not make them pay more?

“We represent our constituents and if we were to sign this contract … in addition to the old one, and they get charged 60 cents more per thousand (gallons) right off the bat, what else do they get out of that contract? We can’t enter into an agreement that is worse than the one we have without something as an offset.”

Landers said by opting in to updated water agreements, municipalities are ensuring that their water users are paying their fair share of the cost for water.

“One way or the other, Darien will still pay the additional costs – it’s a matter if they want to pay through the entire town or through the water users,” he said. “I still hope and there’s still time since I’ll be back in the office tomorrow and will reach out to Steven and see if there’s anything else that I can communicate.”

LANDERS OPEN TO MORE TALK

He said that he and Legislature Chair Rochelle Stein presented the plan at meetings of the Village of Corfu and Town of Pembroke boards, and indicated that Ferry attended the Corfu meeting as well while another Darien council member was at the Pembroke meeting.

Landers also said he would like to address the entire Town of Darien board – something that hasn’t happened yet – as the deadline for towns and villages to make their intentions known is this Friday.

“I’d be more than willing to have further talks with Steve,” he said. “I’m 100 percent available to Steve and the Darien Town Board to talk some more, and until the 13^th comes and goes, there is still an opportunity.”

Calling it a “complex issue,” Landers said the original water agreement has limitations to it as it has a fixed 60-cent surcharge (per 1,000 gallons).

“Genesee County is responsible for bringing an adequate supply of water into the county, and we have incurred significant monies beyond Phase 1 into Phase 2, and now going into Phase 3. If we truly want water paying for water, we can’t live by water supply agreements that are fixed at 60 cents for time in eternity,” he said.

“When we raise the surcharge, we have to raise it across the board for all users because it’s our responsibility to bring supply into the entire county. I realize that Darien and Pembroke don’t see the benefit of paying that extra 60 cents because they received their benefit from Phase 1. But with Phase 3, there will be future enhancements that will benefit them.”

Landers said he was not involved in the first round of water supply agreements with municipalities … and looking back, “the 60 cents didn’t work and that is one of the major factors that we’re trying to change with all of these updated water supply agreements; the ability to have water paying for water.”

PEMBROKE: IT’S A MATTER OF TRUST

When asked about the Town of Pembroke, he said he did not want to speculate, stating only that he has had “a good conversation” with the Pembroke Town Board.

Pembroke Supervisor Thomas Schneider Jr. said he believes there is support for the amended agreement, but also noted “some concerns from the past over the way things have been handled, as far as agreements with the county.”

Citing lingering hard feelings, he said the county has “made agreements that they don’t seem to be concerned about breaking.”

“So, now if we sign on to this new one, what’s to say that it can’t be changed five years down the road. I think that’s the biggest concern that most people on our board have.”

Landers said it’s his job to try and build trust in all the towns and villages and hopes that “over time they will believe what we say.”

An email to Corfu Deputy Mayor Michael Doktor and a phone call to Mayor Thomas Sargent seeking comment were not returned. In fact, there has been no reply to requests from The Batavian from either village official throughout this process.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

Previously: Genesee's west side municipalities considering county legislature's sales tax/revenue distribution proposal.

Press release:

Due to a recent bridge inspection, the Colby Road Bridge over the Murder Creek in the Town of Pembroke will need to be closed to all traffic immediately until further notice.  The bridge is located just south of the CSX Railroad Tracks that run alongside NYS Route 33.

Genesee County will be assessing the bridge condition and we will reopen the bridge as soon as it is safe to do so.

Kristin Renee Forte, 33, Alandale Avenue, Rochester, is charged with grand larceny 3rd, eight counts of offering a false instrument for filing 1st, and five counts of forgery 2nd. Forte is accused of omitting wages she earned while working when filing for SNAP benefits.  She allegedly received $3,767 in SNAP benefits she was no eligible to receive.   The case was investigated by Social Services Officer Robert Riggi.  Forte was arraigned and released on her own recognizance. 

Jay Daniel Lucas Schutt, 33, of South Pearl Street, Oakfield, is charged with harassment 2nd. At 11:30 p.m., Saturday, Schutt allegedly tackled and wrestled with another person on the ground at a location on South Pearl Street, Oakfield. Schutt was issued an appearance ticket.

(name redacted upon request), 24, of Cayuga Creek Road, Alden, is charged with evidence tampering, criminal possession of a weapon, criminal possession of a controlled substance, driving while impaired by drugs, and speed not reasonable and prudent.  xxxx was arrested following an investigation into a single-vehicle accident at 5:36 a.m., March 1, on County Line Road, Darien.  xxxx was allegedly found in possession of a controlled substance and a semi-automatic handgun.  xxxx was released on an appearance ticket.

Andrea Elizabeth Tucker, 23, of Payne Avenue, Tonawanda, is charged with harassment 2nd. Tucker is accused of making threats and hitting another person while at Darien Lake at 4:11 p.m., July 27.  She was issued an appearance ticket.

Dandre Bud Browning, 27, of Stevens Avenue, Buffalo, is charged with DWI, driving with a BAC of .80 or greater, and speeding. Browning was stopped at 12:03 a.m., July 25, by Deputy Zachary Hoy on Pearl Street Road, Batavia.

Angela Flowers, 50, no residence provided, is charged with criminal contempt 2nd for allegedly disobeying a subpoena by failing to appear in court. Flowers was issued an appearance ticket.

Kim Mobley, 58, no residence provided, is charged with petit larceny. Mobley allegedly stole multiple items from Save-A-Lot. She was issued an appearance ticket.

Antonio Goodson, no age provided, no residence provided, is charged with petit larceny. Goodson allegedly stole items from a local business on East Main Street, Batavia.  Goodson was issued an appearance ticket.

Jacqueline Hale, 33, no residence provided, is charged with assault 3rd.  Hale allegedly punched another person multiple times in the facing causing injury.  Hale was issued an appearance ticket.

Russell Blummer, 48, no residence provided, is charged with harassment 2nd. Blummer was arrested following a disturbance complaint on Thorpe Street at 9:58 p.m., Sunday.  Blummer allegedly punched a victim.  He was released on an appearance ticket.

Patrick Waite, 53, no residence provided, is charged with DWI and refusal to take a breath test. Waite was stopped at 6:05 p.m. at an undisclosed location in the City of Batavia by a police officer. Prior to the stop, police received a traffic offense complaint.  Waite was released following his arrest.

Nathan Royse, 29, no residence provided, is charged with menacing 2nd and criminal possession of a weapon. On Saturday, while on Willow Street, Batavia, Royce allegedly menaced another person with a real or imitation pistol.  Batavia PD was assisted by NYS Parole in the investigation. Royce was also charged with speed not reasonable, reckless driving, failure to stop at a stop sign, not wearing a helmet, and an uninspected motor vehicle.  Only 23, Royce was arraigned in Batavia City Court following an investigation into events that occurred July 19.  Royce allegedly fled from police in that incident. 

Ronnie Allen, 34, no residence provided, is charged with criminal mischief 4th and endangering the welfare of a child.  Allen was allegedly involved in a neighbor dispute at a location on South Main Street, Batavia. Allen is accused of breaking the door of a neighbor's residence.  He was issued an appearance ticket.

Matthew Olcott, 42, no residence provided, was arrested on a City Court warrant and held in County Jail on an unrelated warrant from the Sheriff's Office.

Francisco Martinez, 48, no residence provided, was arrested on a warrant for alleged failure to appear.  Martinez was arraigned and released on his own recognizance.  He is scheduled to appear on July 28 for sentencing.

Tommy Crawford, 32, no residence provided, is charged with criminal trespass 3rd and criminal impersonation.  Crawford is accused of entering and remaining unlawfully in a residence on Jackson St., Batavia, at 1:26 p.m., July 3, and he then provided police with a false name during the investigation.  Crawford was issued an appearance ticket.

Rosemary Waters, 35, no residence provided, is charged with criminal trespass and criminally possessing a hypodermic instrument.  Waters is accused of remaining unlawfully in a condemned residence on Jackson Street on July 3.  She was issued an appearance ticket.

Michael J. Perkins, no age provided, no residence provided, is charged with assault 2nd, criminal mischief 4th, criminal obstruction of breathing/blood circulation, and grand larceny 4th. It's alleged at 12:05 a.m., Sunday, Perkins assaulted another person resulting in serious physical injury. He's accused of taking the person's phone while they attempted to dial 9-1-1 at a location on Ellicott Street and then applied pressure to the person's neck causing difficulty in breathing.  Perkins reportedly fled the residence prior to officers arriving.  Officer Stephen Quider and K-9 "Batu" responded and tracked the suspect.  Perkins was located as he was attempting to flee through backyards near a city park.  He was taken into custody without further incident. Perkins was also taken into custody on a Federal probation warrant.  He was arraigned in City Court and held without bail.

Jarrett C. Coniglio, no age provided, no residence provided, is charged with assault 2nd, criminal possession of a weapon 3rd, resisting arrest, and obstructing governmental administration.  Justice C. Coniglio, no age provided, no residence provided, is charged with obstructing governmental administration and resisting arrest. The two men were arrested Saturday after deputies were called to Bloomingdale Roud to investigate an assault. A person had sustained a head laceration after being struck with a beer bottle. After deputies arrived on scene, Jarrett and Justice allegedly became hostile and combative.  Deputy Andrew Mullen and K-9 "Frankie" assisted in the apprehension of the suspects. Both men were arraigned in Town of Alabama Court. Jarrett was ordered held on $5,000 bail. Justice was released on his own recognizance and turned over to the Wyoming County Sheriff's Office on a warrant.

Richard Daniel Sanderson, 36, of Lyons Street, Batavia, is charged with criminal contempt 2nd.  Sanderson was arrested at a location on Main Road in Stafford, arraigned in Stafford Town Court, and released on his own recognizance.

Antonio James Goodson, 31, of State Street, Batavia, is charged with three counts of petit larceny. He is accused of shoplifting at Walmart on July 22, 24, and 25. He was issued three separate appearance tickets and transported to the County Jail for processing. He was then released from custody.

Amanda Bowles, 35, of Pembroke, is charged with petit larceny. Bowles was arrested in the Town of Batavia by State Police at 1:22 p.m., Saturday.

Aaron M. Hatt, 25, of Alexander, is charged with criminal contempt 2nd, criminal possession of a controlled substance 7th, and aggravated family offense. He was arrested by State Police in Batavia at 2:20 a.m., Sunday and released on his own recognizance.

Tiffany A. Delgado, 44, of Rochester, is charged with DWI and driving with a BAT of .08 or greater. Delgado was arrested by State Police in Batavia at 3:27 a.m., Saturday, in the Town of Batavia, and released on an appearance ticket.

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree criminal contempt and trespass. He was arrested July 15 for allegedly violating a stay away order of protection and arraigned in Pembroke Town Court. It is alleged that at 7:42 a.m. on July 10 on Gabbey Road that Leroy violated the order of protection by speaking to his neighbor and trespassing on his property. He was released after arraignment under supervision of Genesee Justice and is due back in Pembroke Town Court on Aug. 11. The case was handled by Genesee County Sheriff's Deputy James Stack.

Tracy Marie Pocobello, 48, of Akron Road, Pembroke, is charged with third-degree criminal mischief. At 11:45 p.m. on July 15, she was arrested. It is alleged that at 8:05 p.m. on June 29, she intentionally damaged property belonging to another person. Pocobello was released with an appearance ticket for Pembroke Town Court on Aug. 5. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Kyle Krzemien.

Amanda Marie Bowles, 35, of West Main Street Road, Batavia, is charged with fourth-degree grand larceny. On July 14 at 4:56 a.m. Bowles was arrested in connection with an incident that occurred at 1 p.m. on July 11 on West Main Street Road in Batavia. She was issued appearance tickets and is due in Batavia Town Court on July 27. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Jonathan Dimmig.

A Pembroke woman arrested earlier this year after more than 15 animals were found at her home on Akron Road in Pembroke in poor health entered a guilty plea in Pembroke Town Court to one count of animal abuse/failure to sustain under New York's Agriculture and Markets Law.

Lori Ann Adolf, 47, also entered a guilty plea to endangering the welfare of a child.

Both charges are Class A misdemeanors and could carry a maximum jail term of one year each, but under terms of the plea agreement, Adolf will likely be sentenced Oct. 13 to three years probation.

During those three years, Adolf cannot own, purchase, breed, or work with any animal of any kind.

The state does not have the authority to order her to own or keep animals for any period of time she's not on probation.

As part of the plea, Adolf also agreed to sign over six more dogs and two cats to the Genesee County Animal Shelter. Those animals are now available for adoption and as of yesterday had not been spoken for by any potential new owners.

Previously, Adolf had surrendered seven of the dogs to the shelter. 

Adolf will also be under the terms of a no-offensive-conduct order of protection in regard to the minor involved in the case.

She must also continue mental health and substance abuse care.

Previously:

• Pembroke woman arrested after deputy allegedly finds 13 dogs, two cats in deplorable conditions
• Pembroke woman pleads not guilty to animal abuse charges, asks to keep 3 dogs and 2 cats
• Seven dogs going to new homes while criminal case against former owner remains pending

Photo: File photo of one of the dogs that had been in Adolf's care after being housed at the Animal Shelter for a few months.

Governmental leaders in the towns of Darien and Pembroke and Village of Corfu say they will be putting their heads together to determine how to proceed in connection with Genesee County’s new sales tax and revenue distribution proposal.

“We will be having a discussion in the coming days,” said Pembroke Town Supervisor Thomas Schneider Jr. this morning as he contemplates the pros and cons of the county’s offer to either share a fixed $10 million in sales tax revenue with towns and villages, or a combination of sales tax and other revenue over the next 38 years.

As indicated in a story on The Batavian on Friday, Genesee County Manager Matt Landers and Legislature Chair Rochelle Stein presented their plan to town supervisors and village mayors last Wednesday at a meeting at the Old County Courthouse.

The amended strategy currently boils down to two options:

• The first one being a $10 million annual distribution of sales tax revenue, contingent upon all the county’s towns and villages opting into an updated water supply agreement by mid-August;

• The second one being that without universal update water supply agreements, the county would allot $7 million in annual sales tax distributions and pass annual revenue distribution resolutions for another $3 million – minus water surcharges to the municipalities that do not opt in.

Darien, Pembroke and Corfu have yet to agree to the revised plan.

Schneider, noting that the Town of Pembroke is proactive in “generating as much new business growth as possible,” said it is vital for his town to receive as much as possible in sales tax and/or revenue sharing.

“However, I don’t really like the fact that it’s a locked amount for 38 years,” he said. “With that, we don’t get to share in the growth, and we do include sales tax revenue in our budgets. We really don’t have a lot of power since we can’t collect sales tax.”

He said he also would like to see changes in the county’s Smart Growth plan, mentioning situations where some property owners are unable to hook into nearby water lines.

Schneider did acknowledge that the county is open to sharing more revenue over that period of time if conditions allow.

“I would think that if the county keeps more sales tax, then it would lower the tax rate or share more with the towns to take pressure off of the taxpayers,” he said, adding that Landers and Stein are scheduled to talk with Pembroke Town Board members at their workshop on July 22.

Darien Town Supervisor Steve Ferry Jr. mentioned that over the past 20 years, those three municipalities have been paying more for water than the other towns and villages due to the fact that the county has to buy water from Erie County “to supplement that because they can not move enough water efficiently through the county to get to us.”

“At this point in time, we’re paying $1.14 more (per 1,000 gallons) than what the rest of the county is paying,” he said, adding that no action has been proposed to provide an equalization rate to Darien, Pembroke and Corfu.

Ferry said that stabilization of the water rate would go a long way toward the Darien Town Board signing the new agreement.

“But as it stands, the agreement is a little tilted unfairly for the western side of the county,” he said.

Stein said that she spoke with Ferry over the weekend to clear up any misconceptions that he may have had.

“In a sales tax agreement, a distribution has to be straightforward and there can be no reductions to make the county whole for that water surcharge. There’s no allowance for that in a sales tax agreement per the (state) Comptroller,” she said.

As far as the $3 million figure set aside for voluntary revenue sharing based on the taxable assessed value of all the municipalities, Stein said that amount ensures there will be enough to secure the water surcharge from Darien, Corfu and Pembroke and the growth going forward for 38 years.

Stein said the county has to make sure it can make the debt payments on the bond due to the Monroe County Water Authority for bringing more water into the county as “unfortunately, there are still areas in our county that do not have access to public water.”

She said the most important aspect of the plan is that the county and City of Batavia are open to bringing towns and villages back into the sales tax agreement.

“This means that they have, for 38 years, a foundation of funding for their communities that currently they do not have,” she said. “This is a big win for every single town and village, and it allows for flexibility far forward into our future.”

Previously: Genesee County leaders present plans to distribute $10 million in sales tax/other revenue to towns and villages

Sunset on McAlpine Road from yesterday, submitted by JoAnne Meiser.

Deep in the Sierra Madre Mountains on the West Coast are the California Caverns, a cave system that twists in a 30-foot descent until it reaches an abrupt 180-foot drop.

Spelunkers can now safely -- relatively speaking -- reach the bottom of this otherwise-seemingly bottomless pit. What Park Rangers have found in this dark, dank chamber are skeletal remains dating back centuries. The bones discovered there are always those of adolescents who took one step too many while seeking adventure.

Robert Sapolsky, a neuroendocrinologist and professor at Stanford University, used this example of adolescent risk-taking in his book Behave: The Biology of Humans at Our Best and Worst.

Adolescents, research has shown, engage their prefrontal cortex less than adults when assessing risk.

By way of example, Sapolsky writes, "Researcher: 'How likely are you to have a car accident if you’re driving while drunk?' Adolescent: 'One chance in a gazillion.' Researcher: 'Actually, the risk is about 50 percent; what do you think your own chances are now?' Adolescent: 'Hey, we’re talking about me; one chance in a gazillion.' "

It's not just that adolescents do an inadequate job of assessing risk, but adolescent brain chemistry also drives them to seek more novelty and desire a close affiliation with peers.

That is one reason, perhaps, it is going to be difficult for local authorities to prevent another death -- and there have been at least 14 since 1870 -- at Indian Falls. 

The other issue is there is no clear answer as to who is responsible and accountable for what happens at Indian Falls. County officials and state officials have looked into it. There is no record of anybody -- not a private owner, not the government -- having title to that section of the Tonawanda Creek, even though it was once a site of grain mill wheels.

Former County Manager Jay Gsell said Indian Falls were a vexing issue for local officials throughout his 27 years running Genesee County. The last time during his career he and county staff looked into the issue was after Bradley Augustin drowned at the falls while celebrating his 22nd birthday. At that time, Assistant County Clerk Steve Grice researched the title for the land.  He found nothing. No former owner, no previous deed, no old tax map that assigned the property to anybody.

"We tried to find out, does anybody have the ability to assert legal authority over the property, to block all access? And the answer was no," Gsell said.

While private property abuts the falls on both sides and people often trespass on adjoining private land to get to the falls, the falls are also accessible from public land, notably Route 77 and its shoulders.

The property owners on the south bank of the Tonawanda Creek at the falls have been aggressive about trying to block access to the Tonawanda but those efforts at times have seemed futile. As for the state, neither Department of Transportation nor the Department of Environmental Conservation claimed state ownership of the land.

From the DEC:

The ownership of that section of Tonawanda Creek is unknown and would require a deed and title search at Genesee County to ascertain ownership. It is not DEC land. DEC enforcement jurisdiction in this area is the same as similar creeks throughout the state under the Environmental Conservation Law. For more information about trespassing laws for private land, please contact local law enforcement.

From the DOT:

NYSDOT would review any proposal from local officials to enhance safety along State Route 77 near the bridge over Tonawanda Creek. Guide rail is already in place and the surrounding area is posted for no trespassing.

The Log Cabin Restaurant overlooks the falls and the business is impacted anytime there is a rescue or recovery event at the falls. The owners have tried fencing and "no trespassing" signs.

A representative from the business said, "We have made our best efforts to keep people out of the dangerous swimming area."

In April, two months before Jacob C. Minnick, an 18-year-old championship diver from Lockport, jumped off the falls on June 17 and drowned, Barry Guthrie, a homeowner on the southside of the falls, wrote to the Pembroke Town Board. Over the course of a six-page letter, he outlined his efforts to try to keep kids from endangering themselves at the falls. He also offered to buy the falls so he could enforce private property rights at the falls themselves.

In 2020, he obtained a permit and built a 40-foot long fence with a locked gate at the main path from the restaurant parking lot across his property and to the falls. He said he still observed people in swimsuits, with towels and their own food and drinks, heading to the falls.

"These people were very persistent in getting down into the falls and were going around the fence's side perimeters," Guthrie wrote. "I secured a second building permit with the Log Cabin Restaurant owner to install two fence extensions on both side perimeters of the main fence."

That didn't stop people trying to get to the falls.

"People threw their bodies full force into the main gain and rotated the gate latch to open up the gate," he wrote. 

Would-be swimmers also used bolt cutters to defeat attempts to keep them from taking a fatal dive.

Throughout the season he tried numerous tactics to reinforce the fence but people continued to attack it. He installed trail cameras after four teenagers were rescued at the falls in July 2020. Even his cameras have been vandalized (he identified one local resident by name as a suspected culprit). With the cameras, he counted 33 trespass occurrences of four to five people each for a total of 140 possible trespassers.  

"During this time, people had no respect for my property even though I had multiple trespassing signs posted," he wrote. "People stole my trespassing signs. They also stole my chain with my trespassing sign still attached."

The only people he charged with trespassing were the four youths who had to be rescued. 

In one incident he took pity on the trespassers.

"I was at an anger level that I was going to charge everyone with trespassing," he wrote. "The police officer told me they wanted to talk with me and apologize and just get a warning. I was so upset that I didn't want to speak with them. Then the officer told me that one of the persons was in an internship with the Niagara Falls police department and another was in an FBI training program. Unbelievable! I didn't want to ruin their job potentials so I just let them all go with a warning."

Even with his efforts being circumvented at times, Guthrie estimates that he has stopped as many as 600 people from reaching the falls. 

The Town of Pembroke has also tried to do what it can to discourage people from going to the falls -- which is promoted on social media as a place for adventure -- by posting no parking signs on roads close to the falls.

Brian Frieday, chief deputy of road patrol for the Sheriff's Office, said officers are aware of the no parking signs and do what they can to maintain public safety.

"We do try to be proactive and check the area when not on other complaints," Frieday said. "Obviously, when patrols see cars parked illegally, that is a sign there are potentially people there. The illegally parked cars are ticketed and the patrols check for people at the falls."

Guthrie has researched the cost of putting up more fencing on public land around the creek, including DOT land, and he estimates it would cost $11,000.

At its June 25 meeting, the Pembroke Town Board discussed Guthrie's letter and was at least somewhat receptive to the idea of approaching the DOT about putting up additional barriers but at the same time, additional barriers aren't going to stop any youth determined enough to get to the falls.

"You can put up more fencing along the bridge but that isn't going to stop anybody from going down along state property, going around the fence," Supervisor Thomas Schneider said. "You can't put a fence in the waterway."

Guthrie's other idea: Work out a way either by contacting State Senator Ed Rath or a judge and getting clearance to buy Indian Falls for $1 and then he can enforce no trespassing on the falls.

That proposal was met with a bit more skepticism from Pembroke's elected leaders. First, they doubt such a purchase is even possible. Second, what would stop somebody else from offering more money for the property, or if at some time later, somebody comes along and offers an outrageous amount of money to Guthrie for his property?

The board seemed inclined to take no position on Guthrie's offer.

They did discuss the idea of putting up more warning signs.

Board Member Tom Dix said, "We could put up a sign at each end of the bridge that said so many people died here in the last 20 years, just a warning." 

Schneider said he has had similar thoughts.

"I thought about how to word it," Schneider said. "If you insist on going down here be sure to call your mother and say goodbye or something. I don’t know how to be tactful about it but get the point across."

The board didn't take any action after the discussion. Nobody said it, but there isn't a clear answer on what to do about adolescents taking a big risk with their lives at Indian Falls.

Further reading: A list of tragedies at Indian Falls going back to 1870 complied by the Town of Pembroke historian (pdf).

Photo: A reader-submitted photo from 2016 of a marker at Indian Falls placed in memory of Bradley Augustin.

Press release -- Updated at 3:48 p.m. with statements from Town of Pembroke Supervisor Thomas Schneider Jr. and Congressman Chris Jacobs (NY-27):

Agriculture Secretary Tom Vilsack today (July 7) announced that the United States Department of Agriculture (USDA) is investing $307 million to modernize rural drinking water and wastewater infrastructure in 34 states and Puerto Rico (PDF, 224 KB).

“Expanding access to drinking water in our rural communities and cleaning up existing systems are essential to moving our region forward,” Sen. Chris Jacobs said. “With this funding, Pembroke will not only be able to provide more residents with safe drinking water, but also attract new small businesses and residents. This is a much-needed investment in Western New York, and I will continue to advocate for more water resources for our region.”

In Genesee County, the sole recipient for this round of loans and grants for residents without safe, potable public water service is the Town of Pembroke. It will receive a total of more than $9 million -- comprised of a $5,306,000 loan and a grant for $3,744,000 in Rural Development investments -- to create Water District #4.

“It is important to bring municipal water to every resident in the Town of Pembroke and to do it at a reasonable cost," Pembroke Town Supervisor Thomas Schneider Jr. said. "This funding helps the town in accomplishing that."

The investments being announced today follow President Biden’s announcement last week of a Bipartisan Infrastructure Framework that will make the largest investment in clean drinking water in American history. The Framework will replace all of the nation’s lead pipes and service lines, helping address barriers faced by communities of color, Tribal communities, and people who live in rural America.

“Every community needs safe, reliable and modern water and wastewater systems,” said Secretary Vilsack. “The consequences of decades of disinvestment in physical infrastructure have fallen most heavily on communities of color. This is why USDA is investing in water infrastructure in rural and Tribal communities that need it most – to help them build back better, stronger and more equitably than ever before.”

USDA is financing the projects through the Water and Waste Disposal Loan and Grant Program. The investments will help eliminate outdated pipes and service lines to safeguard public health and safety in rural communities. They will improve rural infrastructure for 250,000 residents and businesses.

USDA is announcing investments today in Arkansas, Arizona, California, Colorado, Georgia, Idaho, Iowa, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Maine, Michigan, Minnesota, Missouri, North Carolina, North Dakota, New Jersey, New Mexico, New York (total of five projects statewide), Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia and Puerto Rico.

A fire inside a box truck carrying fireworks was "roaring pretty good" on South Lake Road in Pembroke when firefighters arrived on scene, said Indian Falls Assistant Chief Ed Mileham.

The call initially came in as a firework striking a vehicle and starting a fire but as it turned out the fire started inside a truck that was returning to Genesee County from a fireworks show last night in Akron.

The driver is unsure how the fire started, Mileham said.

The truck was loaded with launch canisters stacked in the front of the truck and unused fireworks in the back of the truck.

Exploding fireworks lit up the neighborhood and blew out the passenger side panel of the truck, the back roll-up door, and the roof. The cab was undamaged, probably because of the stacked canisters in the box stacked between the fireworks and the cab, Mileham said.

The driver was rolling on Route 5 through Pembroke when he spotted some sparks in his rearview mirror. He stopped to inspect, heard some bangs, and thought "I need to get out of here," Mileham said. He started yelling for residents to call 9-1-1.

Pembroke fire was first on scene with a truck that had a deck gun, which allowed firefighters to spray water on the fire from a distance.  

"The flames just roaring out of the back of the truck, almost hitting the power lines in the area," Mileham said.

National Grid was called to the scene and the power lines and a transformer about 20 feet away appeared to be undamaged.

"It was not a normal truck fire or car fire where you go up, put some water on it, put it out, and that's hit," Mileham said.

There was smoking debris up and down the roadway for dozens of feet, Mileham said, as well as in residential yards. No secondary fire was started by the fireworks, however.

Pembroke and Indian Falls were assisted at the scene by Corfu, the Genesee County Sheriff's Office, and Dadswell, which towed the truck and cleaned up the debris.

Video taken with a home security camera submitted by a reader.

UPDATE: Here's another video from James Garrett.

A vehicle fire is reported in the area of 8783 S. Lake Road, Pembroke.

A firework reportedly hit the vehicle.

Pembroke fire and Mercy EMS dispatched.

UPDATE 11:56 p.m.: Corfu Fire Police requested to shut off traffic at Cohocton on South Lake. A responding unit is standing back because "it's still exploding." National Grid requested to the scene.

UPDATE 11:57 p.m.: A neighbor told a chief that the vehicle was full of fireworks. "Until about 60 seconds ago it was still exploding," the chief informs dispatchers. (If any Pembroke residents took photos or video, please email to howard@thebatavian.com)

UPDATE 12:38 a.m.: A box truck is apparently involved. It will require "massive cleanup."

UPDATE 1:30 a.m.: Pembroke, Indian Falls, Corfu, back in service.

A two-vehicle head-on collision is reported just north of the Thruway at 8331 Alleghany Road in Pembroke. There is air bag deployment and one of the vehicles is blocking southbound traffic. The second vehicle is off the roadway.

Indian Falls and Pembroke fire departments are responding. Corfu Fire Police are called to reroute traffic at the Thruway entrance.

UPDATE 2:09 p.m.: Command asks for Speedy Dry to soak up liquids leaking from the vehicle in the roadway.

UPDATE 2:11 p.m.: Injuries are mostly minor. One man with a cardiac history is being assisted by medics on scene.

UPDATE 2:25 p.m.: Two patients are being transported by medics to ECMC. Two wreckers are called to tow the disabled vehicles.