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Dave Pero Jr. continuing father's winning tradition as new head coach at Gates Chili

By Howard B. Owens

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The season opener for the Notre Dame Girls Basketball Team didn't exactly go the way Dave Pero Sr. would have liked, with a tough loss to Gates Chili, 42-33, but Pero couldn't have been prouder of his son.

Dave Perio Jr., was appointed the Gates Chili coach during the off-season, and after three years as an assistant to his father at Notre Dame, the younger Pero gets his first opportunity to run his own program.

"I've been happy for him since the day he got the job," said Pero Sr. "It's a great opportunity for him. It's his second win. He's 2-0. He's got a nice road ahead of him. Let's hope he keeps building and great things are going to happen."

Always intense on the sidelines, Pero Jr. was perhaps even a little more animated making his first appearance as a head coach in a gym where he played high school ball and helped the Lady Irish to a couple of championship seasons.

"Coming in here, seeing my brother on the other bench and my family here, and I've coached these girls on Notre Dame's team for three years, so I know every single one of them," Pero Jr. said. "I know they wanted to beat me as much as I wanted to win. I'm trying to build a program at Gates Chili, so a win at Gates is just as big for my program. I loved my time here, but unfortunately, I had to move on and I'm trying to do the best I can where I am now."

He said the win was bittersweet because he hates seeing his father lose, but he needed his girls to play winning basketball.

"My father is my mentor, one of my best friends," Pero Jr. said. "It was tough coaching against him."

Both coaches said the game was like watching twin teams battle on the hardwood.

"I teach the same things he does," Pero Jr. said. "Hard work, boxing out, diving on the floor for loose balls. Everything I know, I learned from him."

Both coaches are optimistic about their teams' prospects for 2015-16, even though they both have young teams. Pero Sr. said the loss was just a small setback. It doesn't derail the season.

"My expectations are high, even after a loss tonight," Pero Sr. said. 

One roster change that makes Notre Dame a bit younger than expected this season is the departure of Shea Norton, a 6' 2" senior who was one of the area's dominant girls basketball players last season, who decided she would rather be a cheerleader than a hoops star. It's a change of heart Pero Sr. didn't want to discuss other than to say, "We're moving on."

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To purchase prints of photos, click here.

City reports water main break on South Swan

By Howard B. Owens

Press release:

The City of Batavia Water Department is repairing a broken water main on South Swan Street. South Swan Street will be closed to traffic from Ellicott Street to Sumner Street until repairs are completed.  

There will be a water service interruption for residents from Ellicott Street to Sumner Street. Other residents in the area may experience low water pressure or discolored water, which should return to normal once repairs are complete.

BHS Drama Club presents three performances of adaptation of Peter Pan this weekend

By Howard B. Owens

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The Batavia High School Drama Club will present a special adaptation of "Peter Pan" called "Peter and Wendy" this weekend on the stage -- a theater-in-the-round setting -- in the school's auditorium.

The adaptation, by writer Jeremy Bloom, explores some of the deeper themes of "Peter Pan," including the relevance of time.

There are 28 students in the cast and four more working as stage crew. The production is directed by Caryn Burk.

Performances are at 7:30 p.m., Friday and Saturday, and 2:30 p.m., Sunday. Tickets are $8 for adults, $6 for students.

Pictured are: Shannon Cervone, Eryn Dunn, and Elise Hoerbelt as Lost Boys; Alex Mott as Peter, Chelsea Jensen as Tiger Lily and Sarah Wetzel as Tinker Bell.

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Selden Road victim sleeping in bed before being shot to death

By Howard B. Owens

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Norman Don Ball
Photo provided by a family member

Kyle G. Johnson, 53, of 7324 Selden Road, Le Roy, has been charged with murder in the second degree in the shooting death this morning of Norman Don Ball, 69, of 7421 Selden Road, Le Roy.

Johnson is also charged with first-degree burglary, third-degree arson, and reckless endangerment. Additional charges are pending.

Johnson is accused of entering the home of Ball through an unlocked rear door at about 3:50 a.m., going upstairs, asking a roommate if Ball was home, and then going back downstairs, entering Ball's bedroom, where Ball was sleeping, and shooting him in the head with a 12-guage shotgun.

Johnson then fled on foot, according to the Sheriff's Office, and returned to his house, which he then allegedly set on fire through unknown means.

The roommate reported hearing a pop, went downstairs and found Ball in his bed with a gunshot wound to his head. The roommate then went next door, where Mr. Ball's son lived, and informed him of the shooting, and the son called 9-1-1.

The first deputy arrived on scene at 4:02 a.m., followed by a Village of Le Roy police officer at 4:06 a.m.

At 4:15 a.m., dispatchers received a call from another Selden Road resident who reported a structure fire at 7324 Selden Road.

Le Roy fire was dispatched and a chief and village officer arrived on scene. The suspect fired his shotgun in their direction, according to the Sheriff's Office statement. 

No firefighters or officers were injured as a result of these shots.

Numerous deputies and troopers then arrived on scene and the suspect was contained within the general area around his house.

The Batavia PD emergency response team then arrived on scene and kept the suspect contained to the immediate vicinity. 

The suspect reportedly paced back and forth around his house and out onto the roadway and ignored numerous commands to drop his weapon.

The SWAT team of the Monroe County Sheriff Office arrived on scene and provided further assistance with its armored vehicles. 

The vehicles were used to confront Johnson, but Johnson allegedly failed to comply with commands to drop his weapon and surrender. 

"He would charge the armored vehicle and then back off," according to the statement. 

At approximately 7:55 a.m., Johnson placed his weapon on the ground and he was rushed by members of the SWAT team and taken into custody.

There was a press conference at the Sheriff's Office this afternoon and we will have an additional story on today's event later.

Photos of Johnson being escorted from his arraignment in Le Roy by Ray Coniglio.

Previously:

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Arson, murder suspect in Le Roy reportedly taunted police before surrendering

By Howard B. Owens
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Based on information obtained from sources, we believe the suspect is in this photo, standing near the front of the Sheriff's patrol vehicle with the lights on. The photo was taken at 7:09 a.m. with a 300mm lens and has been enlarged substantially for publication. We were told the suspect wandered around the area of the roadway and his home while officers tried to talk him into surrendering. Shortly after this photo was taken, SWAT teams arrived. The suspect surrendered at about 8:10 a.m., we are told.

 

A Selden Road resident who is suspected of murdering a neighbor early this morning in Le Roy and setting his own home ablaze was taunting the police once they arrived on scene, according to a witness.

"Did you see what I did to my house?" the witness said the man told police. "Just shoot me."

Sheriff's deputies and Village of Le Roy police, along with Mercy EMS, were dispatched to 7421 Selden Road just after 4 a.m. after dispatchers received a report of a person being shot in the face. About 10 minutes later, Le Roy fire along with the Bergen Fire Department were dispatched to 7324 Selden Road for a structure fire with flames showing. Shortly thereafter, Stafford and Pavillion fire departments were called to provide mutual aid.

At first, there was no indication the two incidents were related, but when the first assistant chief for Le Roy fire, accompanied by the department's safety officer and a chief from a mutual aid company arrived on scene, along with a patrol from Le Roy, the suspect reportedly turned his shotgun on the responders and opened fire.

None of the responders were hit and they made a quick exit from the area, with the chief informing dispatchers they had been fired on and to hold back all responding units.

The chief was pretty shaken and returned to the fire hall a short time later, said 2nd Assistant Chief Tom Wood.

"We actually never got told there were any shots fired or the second incident was happening, so we responded as a normal incident," Wood said.

It's unclear if the suspect, whose name has not yet been released, was firing indiscriminately or deliberately targeting either firefighters or police.

Wood said it appeared to the firefighters the gun was pointed at them.

"When they got on scene they saw the individual and he pointed the gun in their direction, or the direction of the police, and, I believe, fired two or three rounds at them," Wood said. "Nobody was hit, but it was definitely scary."

It was a tense time for Jon Marcello and his family, who moved from the village to Selden Road in July. He said he spoke to his neighbor, the suspect, for the first time a couple of weeks ago. The suspect, he said, placed a no trespassing sign in his front yard because he was going through a divorce and he didn't know who his ex-wife might had given keys to.

"He was concerned about other people coming into the house and on the property," Marcello said.

When Marcello saw a fire burning outside this neighbor's house, he went outside to investigate. He then heard two gunshots. A police officer told him to get back in his house. He said he and his wife and his two small children, who are too young to have comprehended what was going on, sheltered upstairs.

"It's certainly concerning when you see him walking down the street and on our property with a shotgun, SWAT teams all around telling him to put the gun down and he wasn't complying," Marcello said. "He was actually taunting them telling them to shoot him. I don't know if it was a suicide mission, or what."

The suspect surrendered about 8:10 a.m.

The name of the victim has not yet been officially released.

No other injuries have been reported in connection with the incident.

The incident was troubling for the volunteers who responded to the scene, Wood said. Even though nobody has forgotten what happened in Webster, where firefighters were shot and killed responding to a fire, on Christmas Eve a couple of years ago, it's still not something you expect to happen here. Wood said he doesn't know how you prepare or train for such unexpected violence.

"It's scary," Wood said. "We don't know how to deal with stuff like this. We're a small rural department and all volunteer."

The Sheriff's Office has scheduled a press conference at 2 p.m. about the incident.

Previously: Person reportedly shot at residence in Town of Le Roy

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The residence of the shooting victim.

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Tom Wood speaking with members of the media.

Person reportedly shot at residence in Town of Le Roy

By Howard B. Owens

Law enforcement and Mercy medics are responding to a residence on Selden Road in the Town of Le Roy where a person has reportedly suffered a gunshot wound.

A dispatcher advises that "the victim has been shot in the face. The suspects appear to have left the area."

UPDATE 4:10 a.m.: It's described as a "marauding incident" (which Merriam-Webster's dictionary defines as "roaming about and raiding in search of plunder.") Further law enforcement communications have been moved to a secure channel.

UPDATE 4:18 a.m.: Now there is a report of a structure fire at a residence near the original caller's address. Smoke and flames showing. Le Roy fire and Bergen fire dispatched. Of course, at this point, it's unknown if the incidents are related.

*** We're withholding the address pending more complete information and to avoid identifying the victim at this stage.

UPDATE(S)(By Billie) 4:28 a.m.: "Shots fired. Back out of the area," the fire chief on scene tells responders. Stafford and Pavilion fire departments were also called to the fire.

UPDATE 4:41 a.m.: Le Roy Fire Police are instructed to shut down Selden Road at Route 19 and at West Bergen Road. Only emergency responders and law enforcement will be allowed to pass.

UPDATE 5:08 a.m.: Flames are no longer visible at the scene of the structure fire, however firefighters have not yet been allowed to access the property because law enforcement has not cleared the scene. An emergency command center, or staging area, has been set up at the Eastern Carolina, LLC, complex at 7591 Selden Road, near Route 19. (The gunshot incident and the fire are roughly a block apart on Selden Road.)

UPDATE 5:34 a.m.: People on Selden Road are ordered to "shelter in place," according to an order given by law enforcement. They must remain inside until further notice.

UPDATE 6:17 a.m.: A reader who lives on Selden Road said he "came outside when I first noticed the fire and a police officer told me to get back in the house and there was an active shooter. Soon after, there were two loud gunshots, sounded like a shotgun. ... The fire is still blazing pretty good on the west side of the house closest to me. No firefighters on scene, assuming they have not found the shooter (s). ..." This reader also submitted the photo above.

UPDATE 6:58 a.m.: A woman who has identified herself as the daughter of the shooting victim has told the media that her 69-year-old father has died as a result of the gunshot wound(s). Police have not confirmed this.

UPDATE 7: 22 a.m.: Photo from the scene:

UPDATE 8:14 a.m.: Multiple law enforcement units have cleared the scene; they've left the area. It has not been confirmed, but indications are that the situation has been resolved, that the incident has concluded.

8:32 a.m.: A suspect has been taken into custody.

Batavia PD investigating possible attemped armed robbery near 7-Eleven

By Howard B. Owens

A would-be robber reportedly pointed a long gun at a potential victim outside the 7-Eleven at 404 E. Main St., Batavia, at about 9 p.m. Sunday, according to the Batavia Police Department, and demanded money.

The assailant demanded personal property from a person sitting in a vehicle, but after the person did not turn over any property, the assailant left the area.

No injuries were reported.

The suspect is described as wearing a mask, a dark-colored hooded sweatshirt, and camouflage pants. There's no further description of the suspect available. 

The confidential tip line for Batavia PD is (585) 345-6370. Police dispatch can be reached at (585) 345-6350.

Law and Order: Man arrested in Auburn on decade-old warrant

By Howard B. Owens

Harrison J. Hartung, 32, of Power Street, Syracuse, was arrested on a warrant by State Police in Auburn during a traffic stop and turned over to Batavia PD. The warrant stems from an alleged incident in 2005 that led to a charge of disorderly conduct. The incident was reported at 6:19 a.m., May 7, 2005, at 318 E. Main St., Batavia. Hartung was arraigned in City Court, pled guilty, was fined $80, plus a $95 surcharge, and released.

Nicholas Alexander Pleace, 29, of Orangeport Road, Gasport, is charged with criminal trespass, 2nd, criminal mischief, 4th, and harassment, 2nd. Pleace allegedly forced his way into a residence on Pratt Road at 2:25 p.m. Thursday,and damaged property in the process. He allegedly shoved a victim and refused to leave upon request. He was jailed on $500 bail.

Wayne Lewis, 28, of Thorn Street, Rochester, is charged with grand larceny, 4th. Lewis was arrested following an investigation by Le Roy PD into the theft of a credit card at Tops Market. Lewis was identified as the suspect through the use of surveillance footage that helped identify him and his vehicle. Lewis is accused of stealing the card and then making a purchase with it. He was issued an appearance ticket.

A 17-year-old resident of River Road, Pavilion, was charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana during a traffic stop at 8:44 p.m. Wednesday by Officer Chad Richards (defendant's name withheld by Batavia PD).

James E. Wroten Jr., 49, of Central Avenue, Batavia, is charged with criminal contempt. Wroten allegedly violated a complete stay away order of protection.

Leslie O. Hinz, 66, of Manhatten Avenue, Batavia, turned himself in on an arrest warrant after speaking with Sgt. Dan Coffey. Hinz was wanted on a harassment, 2nd, charge. Hinz allegedly approached and continuously followed a stranger at 10:20 a.m., Oct. 19. Hinz posted $300 bail.

Kathleen M. Watkins, 36, of Perry Road, Pavilion, was arrested on a warrant for alleged failure to appear to pay a fine.

Oscar L. Muniz Jr., 22, of Parma Center Road, Hilton, is charged with unlawful possession of marijuana, inadequate muffler and uninspected motor vehicle. Muniz was stopped at 9:23 p.m. Wednesday on West Main Street, Batavia, by Officer Chad Richards for allegedly driving a vehicle with a loud muffler.

Kimberly Ashley Paladino, 25, of Church Street, Le Roy, is charged with two counts of petit larceny. Paladino is accused of stealing $198 in merchandise from Walmart on Thursday. She is also accused of stealing $163.37 in merchandise from Walmart on Nov. 19.

Harriet E. Miller

By Howard B. Owens

Alexander - Harriet E. Miller, 98, of Alexander went to be with her Lord on November 27, 2015, at Crossroads House in Batavia. She was born February 21, 1917, in Alexander, a daughter of the late M. Merlyn and Grace (Hickox) Woodruff. 

After graduating from Alexander High School in 1933, she attended Geneseo Normal School from which she received a teaching degree in 1937. She began her career as a school teacher in a one-room schoolhouse in Alexander. Once the Alexander district was centralized she became its first 3rd-grade teacher. 

As a young child, she was a member of 4-H and then became a leader as an adult. She was a member of the North Alexander Grange and also served as an associate delegate of the Dairymen’s League Cooperative.  For 15 years, she was secretary of the Maple Hill Cemetery Association. As a lifelong member of North Darien Bible Church, she served as a Sunday School teacher, mission treasurer, and was a member of numerous pastoral search committees. 
Much of her time in recent years was spent gardening, reading, quilting, and cooking and baking in her kitchen. A major joy in her life was her family and following them across the country and around the world.

She was predeceased by her husband, Ray W. Miller, whom she married on August 2, 1941; her siblings - Marjorie Lawrence, Eleanor Klotzbach and Donald Woodruff. Harriet was a beloved mother and is survived by her children - Dorothy (late Scott) Acomb, Lucille (David) MacKenzie, Charles (Laurel) Miller, David (Anne) Miller, and James (Elisabeth) Miller, as well as Everel Mastin, a cousin, who became like a son to her. Her legacy includes 16 grandchildren, 23 great-grandchildren and 3 step-great-grandchildren.

Friends and family are invited to call on Tuesday, December 1, 2015, from 4-8 PM at North Darien Bible Church, 9762 Simonds Road, Corfu, New York 14036 where a celebration of her life will be held onWednesday, December 2, 2015, at 11 AM. Burial will be immediately following the service at Maple Hill Cemetery. Memorials in her name may be given to North Darien Bible Church, Maple Hill Cemetery Association, 2088 Richley Road, Corfu, New York 14036 or Crossroads House, 11 Liberty Street, Batavia, New York 14020.  Arrangements were made by C. B. Beach & Son Mortuary, Inc 4 East Main Street, Corfu.

Photos: Pembroke teachers participate in Red Kettle Campaign

By Howard B. Owens

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Members of the Pembroke Teachers' Federation volunteered Saturday, along with their family members, to be bell ringers for the Salvation Army.

If you, your family or group would like to participate in the Genesee County Red Kettle Campaign, contact Major Robert Kurtz at 585-861-0676 or robert.kurtz@use.salvationarmy.org.

Photos submitted by Aaron K. Brown.

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Report of heavy smoke coming from apartment in Le Roy

By Howard B. Owens

There is a report of heavy smoking showing from an apartment at 103 W. Main St., Building 1, Apt. #5, Le Roy, the Royal Apartments.

Le Roy fire and Le Roy ambulance along with Bergen, Pavilion and Town of Batavia's Fast Team are dispatched.

UPDATE 3:24 p.m.: Second alarm responders can stage in quarters.

City resident blames new long rifle law for bullet hole in family room window

By Howard B. Owens

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Bill Moon came home to his house on Bank Street, City of Batavia, Saturday evening to find a bullet hole in a family room window. A neighbor said he heard the shot ring out between 4 and 5 p.m.

Fortunately, Moon said, nobody was home at the time, but he blames the county's new law allowing long rifles to be used during deer season.

He said Batavia PD, a Sheriff's deputy and a Department of Environmental Conservation officer responded and agreed the shot likely came from a .30-caliber rifle, such as a .30-30 or .30-06.

The bullet passed through the family room and into the kitchen.

A spokesman for Batavia PD confirmed a complaint was filed and law enforcement responded, but said the investigation is being handled by the DEC. We were unable to reach the DEC for further information.

Photo submitted by Bill Moon.

Reminder: Free Thanksgiving Day Skate at Falleti

By Howard B. Owens

The Kiwanis Club of Batavia will host its annual free Thanksgiving Day skate at the Falleti Ice Arena starting at 9 a.m.

The event ends at 11 a.m.

Free skate rentals while supplies last, and free hot chocolate.

Accident with unknown injuries reported in Elba

By Howard B. Owens

A motor-vehicle accident is reported in the area 7639 Batavia Stafford Townline, unknown injuries.

Elba fire and Mercy EMS dispatched.

UPDATE 10:05 p.m.: A first responder reports no injuries.

Law and Order: Rochester teen accused of entering Batavia HS to fight student

By Howard B. Owens
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  James Spivey

James J. Spivey, 17, of Child Street, Rochester, is charged with burglary, attempted second-degree assault, and endangering the welfare of a child. The youth is accused of entering Batavia High School without permission with the intent to fight a student there. The defendant did allegedly engage in a fight with the student, who is under age 17, and during the fight used a dangerous instrument in an attempt to injure the student.

Erica Michelle Raphael, 30, of Walnut Street, Batavia, is charged with petit larceny. Raphael is accused of stealing merchandise from the Rite Aid on West Main Street Road, Batavia.

Tyler Austin Stoddard, 21, of Meiser Road, Corfu, is charged with making graffiti. Stoddard was arrested on a warrant. He is accused of drawing a picture of a penis on the wall of the ATM at the M&T Bank branch in Corfu.

Michael F. Geer, 24, no permanent address, is charged with burglary, 2nd, petit larceny, unauthorized use of a motor vehicle and criminal mischief, 4th. Geer allegedly entered a residence on Trumbull Parkway, took the keys to a vehicle that was parked in the driveway, and unlawfully moved the vehicle, striking the back porch. He was jailed on no bail.

Amber N. Wallace, 26, of Swan Street, Batavia, is charged with petit larceny. Wallace is accused of drinking a "5-hour ENERGY" drink without paying for it while at work at a business on Jackson Street.

Michael A. Wroten, 48, of Highland Parkway, Batavia, was arrested on a warrant. Wroten was located by probation officers and turned over to Batavia PD. He was jailed on $2,500 cash bail.

Nikayla C. Jackson, 18, of Slusser Road, Batavia, is charged with second-degree harassment and fourth-degree criminal mischief. Jackson allegedly pushed another person and damaged property while inside that person's apartment at 8:25 p.m., Nov. 9.

Jessica L. Ford, 24, of Perry Road, Le Roy, is charged with violation of probation. Ford was arrested on warrants issued by City Court.

Deborah R. Blatt, 54, of East Main Street, Batavia, was arrested on a warrant. She was jailed on $5,000 bail.

Chercal A. Smith, 20, of Bank Street, Batavia, is charged with violation of probation. Smith was observed by Officer James DeFreze, who was aware of a warrant for Smith's arrest, on Court Street. Smith was taken into custody without incident.

Cody N. Proefrock, 23, of West Court Street, Warsaw, is charged with aggravated unlicensed operation. Proefrock was arrested on a warrant for alleged failure to appear on the listed charges.

Sara A. Weaver, 46, of Watson Street, Batavia, was arrested on a warrant for alleged failure to appear in court and for aggravated unlicensed operation, 2nd. Weaver was arrested following a traffic stop by Officer Mitchell Cowen.

Nicholas G. Serret, 19, of 15 Dewain St., Rochester, is charged with unlawful possession of marijuana, a violation. The subject was a passenger in a vehicle stopped by Corfu Police for speeding on Route 77 at 2:34 p.m. on Nov. 24. The subject was allegedly found to have a plastic baggie containing about three grams of marijuana. The case was investigated by Corfu PD Officer Michael Petritz.

Batavia council delays decision on Swan Street police station

By Howard B. Owens

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A month ago, council members, while discussing the proposed new police station, said the last thing they wanted to do was "kick the can down the road."

Monday, after hearing from a half dozen public speakers who had nothing good to say about the proposal, the sound of tin rattling on pavement could be heard quite distinctly in City Hall.

"I'm suggesting that we put a task force together to see if it is possible for a merger or consolidation between the police department and the sheriff's," said Council President Brooks Hawley. "Before we can move forward with spending any money at all, we need to do our due diligence before we spend taxpayers' money."

We've been down this road before, and it got the city nowhere, said Councilman Eugene Jankowski, a former Batavia police officer.

"I've been involved in several projects where the Police Department and Sheriff's Office were going to merge and unfortunately for the Sheriff, the city caused so many delays that the Sheriff was delayed in building (a new building) at least five years, maybe longer," Jankowski said. "Every time the project came up, someone suggested merger and that would scare everyone off, things would go away. To get things done, the Sheriff, who was waiting and waiting, finally out of frustration, he couldn't wait any longer, he had his new building built. 

"There were many opportunities for this to happen and it was passed by for whatever reason," Jankowski added.

Then Jankowski endorsed the idea of a feasibility study being completed on a possible merger of departments.

Most of the anti-police-station speakers called for a merger or elimination of the city police force.  

"Spending $10 to $14 million on a new police station is an awful waste of money," said Peter Garlock, who served on the police facilities task force that met more than a dozen times over a seven-month period and came up with the recommendation for a new police station on Swan Street.

Dave Olsen, president of the Genesee County Libertarian Party (top photo), suggested the city's law enforcement needs could be met through private security, volunteers in homeowners and business associations and citizens with the legal right to carry firearms.

"More government means more taxation and it makes citizens less free by taking a portion of their income and choice away," Olsen said.

While under current circumstances (which delays could change), it's likely the new police station could be built without the city increasing its current debt load or raising taxes (see the financing memo in the council's Oct. 26 agenda (pdf), several speakers objected to the proposal based on assumptions of increased debt and higher taxes.

  • Bob Bialkowski: "Batavia is a community of low, low middle-income families. We do not want to be saddled with any more debt."
  • Jim Rosenbeck: "We should also ask how building a new police station impacts the taxes on our aging and declining population? What are the tax implications for our local downtown businesses, some of which are struggling?"
  • Rosenbeck: "I sympathize with the police who find their current home is aging and deteriorating. We would all probably like a new home, but often we can't afford it. We have to live within our means. We can't get everything on our wish list. I ask that you be responsible with our tax dollars."
  • Daniel DelPlato: "Taxes, you've got to keep them down. There are people on fixed incomes. We all know the prices of everything is going up. You've got to think about the senior citizens, even though there are not a lot of them here, you've got to represent them, too."

In contrast, David Lone (bottom photo), who served on the police facilities task force, said the council should consider the cost of kicking the can down the road.

"Interest on borrowing rates are right now at historic lows," Lone said. "That's one factor the council should take into consideration. If the decision is postponed for five or 10 years, interest rates may go up  two, three, four times what they are now. On a 20-year bond, you're talking of adding hundreds of thousands, if not millions, to the whole project by not taking full advantage of these historic low rates that are available."

While the council waits on a study -- which it didn't even explicitly authorize Monday night -- city staff is unable to move forward on the project. Purchase of the land can't be negotiated, which leaves it vulnerable to purchase by a commercial interest; nor can environmental studies be conducted to ensure it should be purchased or what it might cost to remediate; design work can't begin and financing can't get locked in. Meanwhile, the Federal Reserve is looking at the first interest rate hike in nearly a decade when it meets in December.

Not all the speakers were against building a new police station on Swan Street. Local businesswoman Diane Kastenbaum endorsed the idea.

"We do need a new station and the time to move on  it is now," said Kastenbaum, who said she's recently added 10 employees to her company's workforce and plans to hire more. "Our population is not in decline. I see signs of hope, signs of growth, and I think there will be more of a demand for a state-of-the-art police station in our community."

There was some talk of exploring shared services with the Sheriff's Office to eliminate duplicate work and reduce costs and perhaps eliminate the need for a new police station.

Rosenbeck noted that city property owners pay for both the Batavia PD, through city taxes, and the Sheriff's Office, through county taxes.

"One good question we should be asking -- what are we currently getting from the county in return for our funding the city police and the county sheriff's services," Rosenbeck said. "Are there ways we can get greater value from a city-county partnership, with smart sharing of costs, services and possible facilities?"

Jankowski had the answer:

  • The city's inmates are housed in the county's jail at no charge to the city;
  • Arrestees are photographed and booked by jail staff, so city patrols get back on the road quicker;
  • Deputies transport the city's inmates to and from the courthouse at no charge to the city;
  • The Sheriff's Office handles all dispatch for police, fire and DPW, saving the city $100,000 a year, as well as providing the radio system and patrol computer system along with technical support;
  • Deputies provide security for City Court;
  • The county pays for all medical treatment for the city's inmates.

In addition, Jankowski said, the Sheriff is very generous with Homeland Security grants. The Sheriff's Office purchased the city's ERT vehicle, trains the ERT team, provides it with body armor and provides a third of the personnel in the ERT team. The Sheriff's Office also manages the drug task force.

"How much more can we dump on the Sheriff?" Jankowski said. "He's pretty much already doing everything for us except patrol. At some point, the city has to take responsibility and patrol it's own backyard."

John Roach noted that any discussion of shared services really just means elimination of the police department, and that's the central question the council needs to answer. Is it willing to eliminate Batavia PD? If not, then move on and select Swan Street for the new police station.

It's a better option, he said, than trying to once again renovate the Brisbane Mansion.

"Building new is cheaper," he said.

Councilwoman Patti Pacino is in favor of Swan Street, but said she is willing to go along with a feasibility study if it doesn't cost a lot of money.

"I don't want a study that's just another study that gives us an answer," Pacino said. "If we do a study, fine, but I don't want to pay $30,000 for it. I don't want someone else to come in and look at it. People of Batavia know more about what we want in Batavia than anybody we could get to come in and do a study."

Several council members suggested that the county should pay half the cost of a feasability study.

Reached today, County Manager Jay Gsell said the county would be happy to the help the city in a grant application to the state to fund a study, but the county's budget for 2016 is set.

"I haven't had a discussion with Jason yet about how far they would want to go in terms of further discussion before they start looking at just building a separate and discreet police facility," Gsell said. "The county is open and amenable to having further dialogue and getting real serious about what the future holds for law enforcement in Genesee County. Certainly, we can go to the state to get the funding for further analysis."

Gsell noted, the city and county have been down this road before. There was talk of moving both departments into what is now the court facility, with a third and fourth floor atop the structure we know now, and when the Sheriff's Office built its new facility on Park Road. He understands, he said, the council's desire to do the same due diligence now.

"Whenever you get ready to spend between $10 to $17 million, you don't do that based on thinking not everything has been examined fully, and I think that's all they're looking at doing right now," Gsell said.

Merging departments is a complex consideration said Sheriff Gary Maha. A fully funded study would be necessary to determine potential cost savings, if any, and the impact on both departments.

There's certainly high near-term expense for new uniforms, car decals, equipment and training, Maha said.

Such a feasibility study was undertaken for Jamestown PD and the Chautauqua County Sheriff's Office in 2009, and that potential merger is still pending, Maha noted (The state issued a $400,000 grant for the study.)

"It's not a simple issue, but worth looking at if that's want they want to do," Maha said.

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Tired of reading all the bad news, Larry's co-owner turning the tables and serving free meals for Thanksgiving

By Howard B. Owens

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There's been too much bad news in the world recently, so Brenden Mullen, co-owner of Larry's Steakhouse, on Main Street, Batavia, decided he wanted to do something good.

Larry's will be open from 4 to 8 p.m. Thanksgiving Day serving free meals to "anybody and everybody" who wants to stop in.

The meals will include turkey, mash potatoes and gravy, stuffing, squash and cranberry sauce along with a slice of pumpkin pie.

All for free.

"Somebody very dear to me, touched my life, had a positive impact and made me want to better myself in any way I can," Mullen said. "I thought it might be a step in the right direction."

Word has spread quickly on social media, Mullen said, and just today he got a touching call from an administrator at Batavia High School who said a student who had been wondering what he would do on Thanksgiving, with no place else to go, heard about the community meal and now he plans on being at Larry's.

That really touched Mullen, he said. It's hard to believe in this day and age a high school student would need some place to go on Thanksgiving Day, but there are people in our community with all kinds of needs, he said, and perhaps his gesture will help a few people out.

He just came up with the idea Saturday, enlisted the chef to help, and started getting things organized. He doesn't know what to expect and said additional volunteers to help are welcome.

"I thought it would be a good way to do something good for the community," Mullen said. "Like I said, I just get sick of reading the news, turning on the TV, and it's nothing but bad news anymore, so I wanted to give people a reason to smile and feel good about something."

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