Stafford

A motor-vehicle accident with injuries is reported at the intersection of routes 237 and 33, Stafford. Stafford Fire Department is responding along with two Mercy medic units and law enforcement. Mercy Flight is available if needed.

UPDATE 9:32 a.m.: A responder reports one male has head injuries and another has chest injuries.

UPDATE 9:34 a.m.: A medic says Mercy Flight will not be needed.

UPDATE 9:51 a.m.: One patient is being transported to Strong Memorial Hospital. Two flatbed tows are called in.

UPDATE 10:02 a.m.: The second patient is also being taken to Strong.

UPDATE 10:16 a.m.: The Stafford assignment is back in service.

UPDATE 12:35 p.m. (by Howard): The white Suburban was driven by Barry Taylor who was traveling south on Route 237. He approached the stop sign and stopped. The Toyota, operated by Kevin Huber, of Pembroke, was eastbound on Route 33, at which time Taylor reportedly entered the intersection, according to Deputy John Duyssen.

Visit Personalizedbysanta.com to find the best personalized ornaments for your family's Christmas tree. Enter coupon code “batavian2013” and receive 20% off your entire order. Offer good through December 31st. All orders over $50 will receive free shipping. Our store is located on Route 5 in Stafford approximately ¼ mile east of the Red Osier. Customers are encouraged to complete their orders online, but we can make an accommodation for anyone wishing to pick up their order in person at our shop in Stafford. Just use the comments section during checkout or the “Contact Us” button on the home screen to let us know that you would like to come by the shop.

For the remainder of this season, we will remain an online-only business. But we are very excited to announce that our business on Rt. 5 will be changing its name to Main Road Christmas and be open to the public beginning in September 2014. Main Road Christmas will feature selections from some of the nation's most sought after and cherished Christmas collections including Christopher Radko, Willow Tree, Fontinini, Byer's Choice, Department 56, Jim Shore, Snowbabies, and last, but certainly not least, Old World Christmas. The store will maintain the largest collection of Merck Family's Old World Christmas ornaments of any retailer in New York State. Follow us on Facebook, follow us on The Batavian, or make an appointment to see the shop. For now, just visit www.personalizedbysanta.com -- Merry Christmas!

The main issue the Englerths have with James Pontillo, Tom Englerth Jr. said in an interview Monday, is that Pontillo has never asked their permission to be on their property to work on his building at the corner of Main Road and Morganville Road in Stafford.

"He never had permission from us as property owners," Englerth said. "One time he asked a guy that worked here (at their tenant's business), but he had no authority to give permission."

Two years ago, police were called to the location when Tom's dad, Tom Englerth Sr., complained that Pontillo and his work crew were trespassing. The same issue came up a little more than a week ago.

Pontillo started restoration work on the building two years ago after outbidding Englerth to purchase the property at auction. At the time, he was talking about opening a pizzeria downstairs, but then worked stalled as he became tied up in personal issues. First, his sister developed cancer and passed away. Then his grandmother had a stroke and later passed away. Then a sink hole developed on one of his properties in the city.

"It's just been one thing after the next," Pontillo said.

Now his permits for putting on a new roof and building a restaurant downstairs have expired. He believes town officials are going to try and deny him new permits.

Englerth said he doesn't believe Pontillo will be able to pull new permits.

If work can resume, Pontillo doesn't believe he can have workers complete the new roof without getting access to the parking lot on the west side of his building, property owned by the Englerths and leased to the Stafford Trading Post.

Tom Englerth Jr. is skeptical his father will ever grant such permission at this juncture.

"He never really respected my dad," Englerth said. "My dad's a tough guy, but he's a nice guy. Once you piss him off, it's hard to gain back the respect from him."

Nothing will happen unless Pontillo can produce proof of insurance, Englerth said.

"He needs appropriate insurance and to show us proof," Englerth said. "He then needs to go to my dad and probably apologize and then ask in a nice way. Can that work? I don't know."

Pontillo believes the only permission he needs, he indicated, is from the owner of the Stafford Trading Post and he believes he's gotten that permission before. He doesn't believe he'll ever get a fair shake from Tom Englerth Sr.

Pontillo thinks Tom Englerth Sr. is still angry that he bought the building and kept Englerth from tearing it down.

Englerth Jr. confirmed that his family wanted to buy the building and they were going to offer to help pay for the historical society to move it to another location in Stafford.

"We're not trying to be jerks," Englerth said. "Since he came in there, he's only made nonsense promises, that he was going to open a restaurant, that he was going to open a pizzeria, he was going to put this place here out of business. He's done nothing for the community I don't think. I don't like to talk about people like that, but it's bullshit. It really is."

Englerth was particularly bothered by some of the comments left on The Batavian insulting his father (two name-calling comments were removed) after last week's story was posted, and he just wanted to set the record straight that his father really is a nice guy and is reasonable if treated fairly.

"We're just old-time farmers looking for what else can we do here and there to make a living," Englerth said. "We have to. Our economy is based on looking at what else you can do to succeed."

Verizon crews have been working at the scene of last night's accident all day trying to repair damage to Internet and phone equipment at the location on Route 5 in Stafford.

While electrical power has been restored to the area by National Grid, there was extensive damage done to Verizon's equipment and lines.

A spokesman for Verizon said the company has received only 15 complaints of lost service in the area, but he believes there are more customer either without Internet or phone service.

Repairs won't be completed until tomorrow at the earliest.

Two fiber cables and a copper cable needed repair, he said. The power box at the location -- Route 5 and Clipnock Road -- was also damaged and needs to be replaced.

National Grid reports some 300 customers from Clinton Street Road on the west to Bater road on the East are without power and there is not yet an estimate of when power will be restored.

A small pickup hit a utility pole just before 6 p.m. at Route 5 and Clipnock Road, shearing it off at its base.

One of the main transmission lines for the area was strung to the top of the pole, a National Grid employee on scene explained later. He said when the truck struck the pole, it probably moved 10 feet, causing the line to snap out of insulators on poles up and down the line.

The plan, he said, was for crews to respond to multiple locations and isolate specific outage areas and restore power incrementally to the affected customers.

While the initial estimate for power restoration was eight to 10 hours, the worker said he'd like to keep it to under four hours.

The driver and the passenger of the truck were transported to UMMC with minor injuries. A deputy said the truck was eastbound when it crossed the center line and struck the pole on the north shoulder. He said the cause of the accident remains under investigation.

Route 5 remains close to through traffic at this hour.

UPDATE 11 a.m.: The driver is identified in a Sheriff's Office accident report as Jason C. Penn, 35, of Mix Place, Batavia. His passenger was Blake C. Lind, age 7. The truck struck a fire hydrant and two utility poles. Debris from the accident struck another vehicle, causing the windshield to shatter. The cause of the accident remains under investigation, which is being conducted by Deputy Joseph Graff. No citations have been issued. A reader reports power restored at her Stafford residence at 5 a.m.

(Initial Report)

A motor-vehicle accident with injuries is reported at Route 5 and Clipnock Road, Stafford. Stafford fire and Mercy medics are responding.

UPDATE 6 p.m.: The driver is said to be in and out of consciousness. There are wires down over the vehicle.

UPDATE 6:05 p.m.: Fire police will be shutting down traffic at Route 5 and Sanders Road.

UPDATE 6:09 p.m.: Command asked for Mercy Flight to be put on ground standby if available. Dispatch says Mercy Flight needs to be rerouted and asks if they are needed at the scene. Command says to send a second ambulance. One victim is a minor with a leg abrasion.

UPDATE 6:13 p.m.: Command calls for Mercy Flight to stand by the scene. The ship out of Batavia is available. A landing zone is being established, in case.

UPDATE 6:16 p.m.: Town of Batavia fire police are heading to the scene to assist with traffic control.

UPDATE 6:23 p.m.: Medics have not yet determined if Mercy Flight will be needed.

UPDATE 6:26 p.m.: Mercy Flight is grounded due to weather. They are going to break down the landing zone.

UPDATE 6:37 p.m.: The driver who was said to be in and out of consciousness, has diabetes and is being transported by ambulance to UMMC. National Grid is on scene, and reps for cable and Verizon wireless are requested.

UPDATE 7:06 p.m.: Red Osier's management is acutely aware of the situation and it's impacting the evening's business at the restaurant. A National Grid rep says they are going to try and isolate the area west of Route 5 to get the power on, and go from there. Verizon says it will get someone out there tomorrow.

UPDATE 8:51 p.m.: Town of Batavia's assignment to Sanders Road back in service.

UDATE 8:55 p.m.: Verizon is in route. 2 1/2 hour ETA.

A rollover accident is reported off Clinton Street Road near Mill Street in Stafford. Stafford Fire Department and Mercy medics are called.

UPDATE 2:43 p.m.: All Stafford units are back in service.

The 42nd Annual Chamber of Commerce Awards are getting a bit of a makeover this year with no general Business of the Year honoree and a complete skip of Innovative Enterprise of the Year -- even with a qualified nominee in the mix.

Much like last year, there are two winners for Geneseean of the Year, with awards going to Laurie Mastin, of Pavilion, and Timothy Michael Adams, of Stafford.

Rather than Business of Year, the chamber is honoring a Service Business of the Year, Alex's Place, and Retail Business of the Year, Adam Miller Toy & Bicycles.

The Agricultural Business of the Year is Bonduelle USA, Inc., of Bergen and Oakfield.

The Bergen Business and Civic Association is receiving special recognition with a Special Service award.

Nominated by The Batavian for Innovative Enterprise of the Year was Insource Urgent Care, but no award was given in that category for 2013.

While Insource has transformed the urgent care business through innovative use of telemedicine and cooperative arrangements with doctors and specialists from throughout the region, greatly reducing the cost of care for patients, the Batavia-based company was bypassed by the awards committee. 

It's not unprecedented for the chamber to hand out awards with different titles than previous years or what was on nomination forms.

The awards dinner is Feb. 22 at the Clarion Hotel, Park Road, Batavia. Tickets are $50 or a table of 10 for $450. Hors d'oeuvres are at 5:30 p.m. followed by entree tables (no formal sit down dinner). There is a cash bar. The awards program starts at 7 p.m., which will include coffee and dessert.

Call Kelly Bermingham at 343-7440, ext. 26, to make reservations.

It's a beautiful day. Maybe one of the last great days to get outdoor projects done before winter hits. At least that's what James Pontillo had in mind when he pulled a high lift into the parking lot of Stafford Trading Post (he says with the shop owner's permission) so he could work on his building at the corner of Main and Morganville roads.

By now, today's roof work and gutter repair would be done, Pontillo said, if not for the trespassing complaint leveled at him by neighboring property owner Tom Englerth.

A deputy has been to the property twice today. The first time after Pontillo parked the high lift in the parking lot, the second time after he parked it in front of the parking lot. Pontillo contends that area is owned by the State of New York, not Englerth. Englerth apparently contends he controls it.

Englerth was no longer on site by the time The Batavian arrived this afternoon.

Pontillo half expected to be arrested and charged with trespassing.

Deputy Brad Mazur told Pontillo it's a complex situation given the nature of the property and the state highway right-of-way issue. He said he would need to consult with the District Attorney's Office.

Meanwhile, Pontillo has a storm drain he is worried might fall and hurt somebody, and a roof he wants to finish replacing on an arguably historically significant building and he's being prevented, he said, from getting the work done.

Previously: Fences, and more, divide business neighbors in Stafford

I couldn't make it to the marker dedication for the East Boundary of the Holland Land Purchase at Four Corners in Stafford on Friday. Sue Conklin sent along this photo and the press release below.

On Friday, November 8th 2013 a historical marker commemorating the Eastern Boundary of the Holland Land Purchase was dedicated in Stafford at the intersection of routes 5 and 237. More than 20 people attended the dedication ceremony, which included a brief reading of the history of the survey and a gun salute provided by the War of 1812 militia. 

Following the dedication the Stafford Historical Society served cider and donuts and several people toured their award-winning museum.

Prior to the dedication a survey using original links and transit was conducted by:

• Rochelle Stein, Genesee County legislator for District No. 5
• Lynne Belluscio, Le Roy House director and LeRoy Village historian
• Susan Conklin, Genesee County historian
• Phyllis Darling, Stafford Historical representative
• Jeffery Donahue, Holland Land Office Museum director

This survey revealed the location of the marker and the actual boundary line is over by 83 links. Had the marker been installed in the actual location, it would be in the center of the intersection of Route 237, something the Department of Transportation would have forbidden. The Town of Stafford graciously provided the Genesee County History Department with an alternative spot.

Welcoming Remarks / Mary Pat Hancock Genesee County Legislator:

"Genesee County included not only the Holland Land Purchase, but many other smaller land tracts. The County had six land companies with the Holland Land Purchase being the largest. It included two-thirds of the county lands and was located west of the Transit Line.  The other smaller companies were located east of the Transit Line and include one third of the county lands. The other land tract companies were the Connecticut, Triangle, Phelps & Gorham, Craigie and the 40,000 Acre.  

"When the Holland Purchase was made, the land was in Ontario County, with the county seat in Canandaigua. On March 30, 1802, Genesee County was formed with the county seat in Batavia. As populations grew, eight other Western New York counties were carved from the original Genesee County.

"The eastern boundary of the 3.3-million acre Holland Land Purchase bisects the old State Road, now known as Route 5, in the Town of Stafford. This boundary runs from the State of Pennsylvania north to Lake Ontario. The Holland Land Purchase extends west from this line to Lake Erie and the Niagara River.

"Today we honor the Holland Land Purchase and commemorate their Eastern Boundary."

A possible barn fire is reported on Prentice Road near Route 237. A passerby told dispatch is looked like an abandoned barn on fire. Stafford Fire Department is responding.

UPDATE 5:07 p.m.: A chief near the scene says it looks like a rubbish fire off the roadway.

UPDATE 5:09 p.m.: The chief confirms it's a big pile of debris on fire; no one appears to be attending it.

UPDATE 6:07 p.m.: The fire is out. Stafford is back in service.

Randall M. Dennis, 67, of Keeney Road, Le Roy, is charged with DWI and moving from lane unsafely. Randall was reportedly involved in a motor-vehicle accident at 5:50 p.m. Sunday on East Morganville Road, Stafford. His truck left the roadway, struck a sign and guide rail before traveling down a steep earth embankment into a shallow creek. The investigation is ongoing and there may be additional charges. Dennis was transported by Mercy EMS to Strong Memorial Hospital with minor injuries.

Byron Gilbert Keller, 18, of no permanent address, is charged with trespass. Keller was reportedly in another person's vehicle on Route 20, Alexander, while it was parked in a driveway. Keller allegedly refused to leave. Additional charges are possible.

Patrick O'Neil Spikes, 32, of Hutchins Street, Batavia, is charged with criminal contempt, 2nd. Spikes was allegedly a passenger in a vehicle driven by a person he is prohibited by court order from being with. The driver was stopped for allegedly driving on a suspended registration, suspended license and no insurance.

A 16-year-old from Batavia are charged with two counts of petit larceny. The youth was allegedly caught shoplifting at Walmart and during the investigation was found to be a suspect in a shoplifting case from the previous day. The youth allegedly stole $276.57 in merchandise on one occasion and an unknown amount on the second.

Elizabeth A. Graff, 32, of Batavia, is charged with petit larceny. Graff is accused of stealing from an unspecified location. She was arrested by State Police. No further details released.

A truck has left the roadway and rolled over into a body of water off East Morganville Road, Stafford.

Stafford Fire Department and Mercy EMS are responding.

The driver reportedly has minor injuries but is trapped in the vehicle.

UPDATE: One person transported by ground ambulance to UMMC. Reader submitted photo above.

UPDATE 7:03 p.m.: Stafford back in service.

The Griswold Road bridge over the Black Creek in the Town of Stafford has been reopened to traffic yesterday. The bridge was closed in the summer of 2012 due to its poor condition. Using federal aid, the County had a replacement designed by Barton & Loguidice Engineers and awarded a construction contract for the new bridge to Ramsey Constructors on Aug. 14. Construction took about 11 weeks to complete.

Recently many motorists have not been stopping at the Caswell Road -- Griswold Road intersection due to the bridge/road closure. With traffic flowing on Griswold Road again, motorists using Caswell Road are cautioned to make a full stop at the Griswold Road intersection before proceeding through the intersection.

An apparently unattended brush fire in the area of Route 5 and Fargo Road, Stafford, is reportedly moving toward a house.

Stafford Fire Department is dispatched.

Passing through Stafford today, I spotted this horse in a field near a bright red barn. Another beautiful day in Genesee County.

Michael Joseph Dorigo, 56, of Buxton Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or higher and moving from lane unsafely. Dorigo was reportedly involved in a motor-vehicle accident at 10:10 p.m., Sunday, on Fotch Road, Stafford. Dorigo's 2009 GMC was reportedly traveling north on Fotch Road and Dorigo failed to negotiate a curve in the road and drove off the road into a ditch where the vehicle hit an old utility pole base and a large rock. Dorigo's passenger was transported to UMMC with minor injuries. The accident was investigated by Deputy Joseph Graff.

Nina M.E. Kelso, 29, of 142 Hutchins St., Batavia, is charged with unlawful possesion of marijuana. During a check on the welfare of a child at Kelso's residence, Officer James DeFreze allegedly observed marijuana in plain view.

Zackary H. Kelly, 19, of 8 Dartwood Ave., Cheektowaga, is charged with petit larceny. Kelly is accused of shoplifting Amp Engery Drink from Southside Deli.

David Bernard Marsceil, 36, of Arnold Road, Elba, is charged with attempted criminal contempt, 1st. Marsceil, an inmate in the Genesee County Jail, allegedly attempted to send a letter to a person protected from contact by court order.

Colton Andrew Cole, 22, of Warner Road, South Byron, is charged with DWI, driving with a BAC of .18 or higher and no seat belt. Cole was stopped at 4:41 p.m., Sunday, in Byron, by Sgt. Ron Meides after Cole allegedly accelerated quickly and squealed his tires.

The Sheriff's Office is looking for whomever damaged three cameras at Emery Park in Stafford this (Correction from the Sheriff's Office: Thursday) morning by shooting the cameras with a BB or pellet gun.

The cameras and the surrounding area of the shelter were damaged.

The two suspects are believed to be white males in their early 20s. Photos should be available for publication later today.

Anyone with tips for investigators can contact the Sheriff's Office at (585) 343-5000.

A possible house fire is reported at 7635 Telephone Road. The homeowner called dispatch and said the house was full of smoke. Pavilion Fire Department is responding along with mutual aid from Le Roy. The location is between South Street Road and Asbury Road.

UPDATE 2:34 p.m.: The first responder says "I've got a lot of smoke." A second platoon is called.

UPDATE 2:35 p.m.: Mercy medics are also called along with mutual aid from Stafford, which is sending a tanker to the scene and a fill-in crew at Pavilion Fire Hall. The occupants are out of the home. The first floor is fully involved.

UPDATE 2:43 p.m.: Bethany is responding, too. National Grid is called. A power line is down and dangerously close to firefighters -- "about five feet away."

UPDATE 2:50 p.m.: Bergen is called as well as Town of Batavia. Caledonia, which is to fill in for Le Roy, will also be asked to help access or set up apparatus to aid the firefighters.

UPDATE 2:53 p.m.: National Grid is asked to expedite the response because "there are power lines down all over the place.

UPDATE 2:56 p.m.: National Grid has a 15-minute ETA. Firefighters can't access part of the structure until power is shut off. "There's a power line right in front of it, can't access the east side at all."

UPDATE 3:01 p.m.: National Grid is on scene.

UPDATE 3:04 p.m.: Wyoming County dispatched Perry to the scene. The power is cut off.

UPDATE 3:10 p.m.: Firefighters are told there is gunpowder inside the home along with guns and propane cylinders.

UPDATE 3:21 p.m.: Alexander is on scene.

UPDATE 3:41 p.m.: The American Red Cross is called to provide emergency assistance to one adult. Churchville is called to fill in at Le Roy's Fire Hall.

UPDATE 4:12 p.m.: Inmates from the Wyoming Correctional Facility are being transported to the scene to help.

UPDATE 4:20 p.m.: Brothers James Lawrence Bearce and Kenneth Vincent Bearce lived in the house, along with a couple of dogs, which they saved. Along with brother Jack, they were traveling musicians years ago and had a recording studio in the structure. Ken said he's not sure how much of their inventory of recording tapes are salvageable, ditto for tools that were kept in the basement.