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Village acquires former Wiss Hotel, will seek grant for demolition

By Howard B. Owens

The Village of Le Roy has acquired title to the former Wiss Hotel. The question now: What to do with it?

The village would like to find a buyer, according to Mayor George Brady, but with demolition costs reaching well into the six figures, the building probably needs to come down before any commercial developer will take a look at the parcel.

"The hotel is right at one of the major crossroads of the nation," Brady said. "Unfortunately, it was built before there were cars and it's filled with that miracle substance of the 1930s, asbestos."

The village will seek an emergency grant from the state or feds to help pay for the demolition, Brady said.

If a buyer comes along before then, the asking price is just a few hundred dollars for the county filing fee.

File photo

Law and Order: Walmart cashier accused of petit larceny, resisting arrest

By Howard B. Owens

Melissa C. Verton, 32, of South Main Street, Batavia, is charged with two counts of petit larceny and resisting arrest. Verton is accused of stealing $35 in cash and merchandise while employed at Walmart as a cashier. Verton is accused of verbally and physically resisting arrest.

Brandon Marshall Weig, 33, of Shady Lane, Batavia, is charged with criminal contempt, 2nd. Weig was arrested on a warrant for an alleged violation of an order of protection Nov. 13. Weig is accused of having contact with a protected person. Weig is accused of doing the same thing on Dec. 18.

Kahlil Nathaniel Johnson,19, of Ross Street, Batavia, is charged with criminal trespass. Johnson is accused of being at College Village after being banned from the property.

Dustin Stephen Williams, 24, of Simonds Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, failure to signal and speeding. Williams was stopped at 2:12 a.m. on Route 238, Darien, by Deputy Jason Saile.

Driver involved in head-on collision succombs to injuries

By Howard B. Owens

A driver involved in a head-on collision on Route 63, Bethany, on Jan. 20 died at 7 p.m., Tuesday, at Strong Memorial Hospital.

Gene L. Kelsey, 70, reportedly died as a result of injuries sustained in the crash.

According to a Sheriff's Office investigation, Kelsey failed to stop at a stop sign coming off of Fargo Road.

He was also allegedly driving drunk.

A passenger in Kelsey's truck, Michael Snyder, age unknown and no listed address, was also injured in the crash.

Possible injury accident on Ford Road, Elba

By Howard B. Owens

A car has reportedly hit a pole and a person is injured in the area of 5353 Ford Road, Elba.

Elba Fire Department and Mercy EMS dispatched.

UPDATE 10:42 a.m.: The occupant is complaining of neck and shoulder pain. Mercy Flight is on an in-air standby. The pole is broken off, but no wires are in the roadway.'

UPDATE 10:54 a.m.: Route 262 being closed at Transit and at Norton roads. A landing zone is being set up for Mercy Flight.

UPDATE 10:57 a.m.: Mercy Flight has landed.

UPDATE 11:17 a.m.: Mercy Flight in the air, in route to Strong.

UPDATE 11:31 a.m.: The portion of Route 262 that's closed will remain so until the pole can be cleared.


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Follow up: information from the EPA and DEC on situations in Le Roy

By Howard B. Owens

When we contacted the Environmental Projection Agency regarding the Lehigh Valley Train Derailment Site, the EPA issued the following statement:

The EPA is aware of the parents and community’s concerns and we are working closely with the school district and all of the involved state agencies to give them information related to the Lehigh Valley Derailment Superfund site about four miles from the school.

While EPA is gathering information about actions that took place at the Lehigh site before the site became a federal Superfund site, we do not believe pollution from either site has impacted the school. As we gather all of the facts, we will keep the community, our state partners and the school district up to date. In addition, there is another Superfund site about 10 miles east of the school that EPA also believes has no impact on the school.

Groundwater that is under the site of the Superfund cleanup is carefully monitored. It flows away from, rather than toward, the school.

It appears that the drums shown on various news stories are drums containing dirt and rock from when wells were dug to monitor groundwater at the site. Most of these drums have been tested and contain material that is not hazardous and we are gathering more information about the balance. As part of its ongoing cleanup, EPA is taking steps to get these drums removed from the site as soon as possible.

On Monday, at the site, I learned that the contractor cleaning up the site is Unicorn Management Consultants. The website lists a number of remediation projects managed by Unicorn, but not the Lehigh site. We contacted Unicorn to try and acquire similar information as published on the website for other projects and we were told all inquiries were being handled by the EPA and only the EPA.

The EPA's maintains a website for the Superfund project.

We sent a series of follow-up questions to the EPA and below is what an EPA spokesman returned.

First, I suggest you take a look at a fact sheet we updated just yesterday: http://www.epa.gov/Region2/superfund/npl/0203481c.pdf

Next, here's supplemental info:

Q: Drums (editor's note: part of the question was why are the barrels labeled "Hazardous Material" if they only contain dirt and rock that isn't hazardous.)

There are drums on the Lehigh Valley Derailment Superfund site. In terms of the drums, they contain dirt and rock from when wells were dug to monitor groundwater at the site both under NYS DEC's investigation and more recently under EPA's. As part of the ongoing cleanup, EPA is taking steps to get these drums sampled and removed from the site as soon as possible.

There is a contractor for the potentially responsible party. (PRP means the entity liable for paying for the cleanup of a Superfund Site.) A subcontractor is currently handling the drum consolidation and the transportation to a licensed facility under EPA oversight.

Q: Also, could you please explain how EPA continues to track the plume?

Quarterly monitoring is conducted of the network of groundwater monitoring wells. Soil sampling was conducted to delineate the extent of the contamination.

Q: Where is the groundwater plume headed?

Southeast.

Q: Also, could you please explain the process of how, and how often, the EPA tests the contaminated site?

The groundwater is monitored. Soil on-site was sampled to delineate the extent of the contamination. The remedial design estimates that 8,000 cubic yards of soil need to be addressed.

Q: Can you tell me how long those drums have been there -- and the date of the last time they were tested?

In terms of the drums, they contain dirt and rock from when wells were dug to monitor groundwater at the site both under NYS DEC's investigation and more recently under EPA's. As part of the ongoing cleanup, EPA is taking steps to get these drums sampled and removed from the site as soon as possible.

There are approximately 108 drums (from the 1990s, NYS DEC oversight) on the site that have the drill cuttings (rocks, soils) from these wells. There are approximately 142 drums (from 2010, EPA oversight) that have drill cuttings from these wells.

Superfund process:
http://www.epa.gov/superfund/cleanup/index.htm

While EPA is gathering information about actions that took place at the Lehigh site before the site became a federal Superfund site, we do not believe pollution from either site has impacted the school

We also contacted the NYS DEC, and received the following statement:

DEC has been monitoring the situation and staying in contact with NYSDOH and EPA. DEC plays a supporting role to these agencies as they have the primary jurisdiction. DOH is the agency that makes the determination if environmental testing is necessary and DEC would perform some of this testing. In addition, Lehigh Valley is an EPA Superfund site and DEC is in contact with EPA about the site.

I sent a series of follow up questions, and the spokeswoman said she referred the questions to the State Department of Health.

Neither the EPA nor the DEC have yet answered the question of when they were brought into the process by the school district.

A bit of history on the property: The property was acquired by the Buffalo and Geneva Railway Co. in 1890 and 1891 from John Maloney and Patrick Carney, which later merged with Lehigh Valley. Lehigh Valley went bankrupt in January 1970. The derailment was Dec. 6, 1970. Trustees assumed responsibility for the clean up. Trustees sold the property to the Northwoods Sportsman Club for $6,100 in 1979. The club acquired the rest of its property from a lady named Maloney in the 1950s (frankly, lost my note with the details).

The Le Roy High School property: Rumors and research

By Howard B. Owens

Three rumors regarding the Le Roy High School property on South Street Road have persisted since news became public of a group of girls developing tic symptoms late last year.

We've attempted to research these rumors and here's what we've been able to find out so far.

Rumor: The school was built on a swamp. Apparently false. Aerial maps going back to 1938 show the area of the school is flat and dry. By 1967 it more clearly looks like farmland. Even the swamp currently to the west of the school building doesn't appear on the map. By 1974, there is some sign of a drainage ditch going into the area of the present swamp/drainage pond. The area immediately southwest of the track becomes progressively wooded over the decades. The 1995 NAPP Infrared Map shows the area of the school building looking like farmland, with not much of a marsh, if any, to the west, and the wooded area south of the track is heavily wooded. The 2002 map (top photo) shows the school under construction.

Rumor: TCE-laced fill dirt was used under the school or under athletic fields. Probably false. School construction does not require local permitting, so local planning agencies have no documentation on the construction of the school  We have a request in with the NYS Department of Education for any information the state's construction records might retain on this topic. However, again, the aerial views going back to 1938 show a flat area and no sign that the area was a swamp, so why would fill even be needed? Also, the train wreck site shows no signs of massive amounts of material being removed from that site.

Rumor: The school district turned down an offer of free property for a new school and purchased the current property from the brother of a school board member. Mostly true. Below is a list of each parcel that makes up the school property. Local attorney E. Robert Fussell confirmed that he offered property he owned from Woodward Drive, behind the houses on South Street, going south. Fussell thought the school should be built in the village and this property would be in walking distance of the elementary school and district building. The board instead decided to buy land to the south of its athletic fields on South Street Road. Some of the land was owned by Emily B. Pangrazio and Donald M. Pangrazio Jr. Ron Pangrazio was president of the school board at the time (we couldn't find current contact information for Pangrazio).

Parcel 31.-1-110: North end of the school property which contains athletic fields, including the school's track and football stadium. The district acquired the property Aug. 20, 1952 from Edward and Jessie Spry. According to GIS maps, the first signs of athletic use appears in 1963, when a track and field oval appears. The oval is not on the 1954 aerial map.

Parcel 31.-1-101: This parcel is off Summit Street and has been referred to "the town park." The parking area is where the media staged last Saturday morning. It's actually school district property.  The district acquired the 27.5-acre parcel Sept. 30, 1982, from Jessie Eckler (formerly Spry).

Parcel 31.-1-99.12: This is the parcel with a baseball diamond immediately west of the school building. It is six acres. The land was acquired for $35,000 from Irene Walters on Nov. 1, 2000.

Parcel 31.-1.136: The actual school building sits on this 23-acre parcel. It was acquired for $108,000 from the Pangrazio family on Oct. 20, 2000.

Parcel 31.-1-36: This parcel is nearly nine acres and contains a maintenance building, part of the school parking lot and a retention pond. It's north of the school. The property was obtained from the Hansen family for $120,000 on Oct. 26, 2000.

Two-car crash, with injuries, in front of Batavia High School

By Billie Owens

A two-car accident with injuries is reported in front of Batavia High School, located at 260 State St. in the City of Batavia. City firefighters and Mercy EMS are responding.

UPDATE 3:01 p.m.: A second ambulance is responding to the scene.

UPDATE 3:15 p.m.: A 37-year-old female driver and her passenger are being transported to UMMC with complaints of neck and back pain.

UPDATE 3:23 p.m.: City fire is back in service.

Limo fire on West Main Street Road, Batavia

By Billie Owens

A limo is reported to be on fire at Mancuso Limosines, located at 3959 W. Main St. Road in the Town of Batavia. The limo is at the shop behind the residence. A responder on scene initially reported "nothing showing." But then a limo was found to be on fire inside a structure. "The occupant thinks he's got most of it." He's using a garden hose. Town of Batavia Fire Department is responding.

UPDATE 1:48 p.m.: The fire is out. Units are continuing to the scene is non-emergency mode and they are going to check "to be sure there is no extension (of the fire) in the vehicle."

UPDATE 1:54 p.m.: A thermal-imaging camera is called for.

UPDATE 2:35 p.m.: Town of Batavia Fire Department is back in service.

Car wreck with injuries on Ledge Road, Alabama

By Billie Owens

A motor-vehicle accident is reported at the sharp curve in the area of 1013 Ledge Road in Alabama. There are injuries. The location is west of Route 77, on the Tonawanda Indian Reservation. Alabama Fire Department and Mercy medics are responding.

UPDATE 1:21 p.m.: A responder on scene says there is one vehicle involved and it is off the roadway and in the woods.

UPDATE 1:38 p.m.: The vehicle is a 1994 green Ford Explorer. The driver and a passenger are from Rochester.

UPDATE 2:38 p.m.: Alabama Fire Department is back in service. Didn't hear an update on the occupants. Presumably they are OK.

Possible chimney fire on Myrtle Street, Le Roy

By Billie Owens

A possible chimney fire is reported at 87 Myrtle St. in the Village of Le Roy. A neighbor who called it in says there's a lot of smoke showing in the area. Le Roy Fire Department along with Bergen's are responding.

UPDATE 12:47 p.m.: The chief on scene calls for units to continue in. "It appears he did have a small fire going. He's got the bottom shut off now," says the chief, adding they will still need to take a look inside to determine the status.

UPDATE 12:52 p.m.: No signs of heat are found in the basement using a thermal-imaging camera. Ditto for the walls and floors of the residence. Now they will get on the roof and look into the chimney using the camera to check for heat.

UPDATE 1:10 p.m.: A firefighter reports there is no heat to the touch on the outside of the chimney up to the roofline. There is light smoke still coming from the chimney.

UPDATE 1:15 p.m.: A code enforcement officer is called to the scene.

UPDATE 1:24 p.m.: "Fire is out. Units are picking up and they'll be going shortly."

Ranzenhofer requests $18 millon funding over two years for STAMP project

By Howard B. Owens

Press release:

State Senator Michael H. Ranzenhofer has written to Governor Andrew M. Cuomo, requesting his continued support in the form of a $9 million investment in the STAMP project for each of the next two years to bring the project to Shovel-Ready-Lite status.

“Support is now needed in the form of a funding commitment to complete the process needed to bring this site to Shovel-Ready-Lite status. Over the next several years, this is anticipated to require funding of $20 million. The 2011-12 SFY Budget has already committed $2 million to this project,” Senator Ranzenhofer said.

“A commitment for an additional $9 million per year over the next two fiscal years to assure timely Shovel-Ready-Lite status will allow immediate marketing of the STAMP site to national and international tech companies to expedite the successful build out of this project.”

The STAMP project has the potential to create up to 10,000 high-paying jobs at full development, in addition to jobs created during construction and development of the site, and up to $2.5 billion in private investment. In the letter to Governor Cuomo, Senator Ranzenhofer also noted the possible economic benefits to residents beyond the Buffalo and Rochester regions.

“This project, with its offer of advanced manufacturing, is the only one of its kind in Western New York. In fact, we believe that it is the only remaining available Mega-site in New York State. It provides the legitimate promise of a significant private investment and thousands of desperately needed high-paying jobs for the residents of the Buffalo and Rochester areas as well as all the residents of the region including Erie, Monroe, Niagara, Genesee, Orleans, Livingston and Wyoming counties.”

Senator Ranzenhofer forwarded copies of the letter to Senate Majority Leader Dean Skelos, Speaker of the Assembly Sheldon Silver, Genesee County Legislature Chair Mary Pat Hancock, Empire State Development Corporation President and CEO Kenneth Adams and Genesee County Economic Development Center President and CEO Steve Hyde.

The Science and Technology Advanced Manufacturing Park (STAMP) is a 1,243 acre mega-site modeled after the Albany area’s Luther Forest development. Located in the Town of Alabama, the site is strategically ideal due to its access to three high-level electric transmission circuits, close proximity to the Empire pipeline – a 24-inch natural gas line– and only five miles distance from the New York State Thruway.

Sgt. Scott named state's Court Officer of the Year

By Howard B. Owens

Press release:

Sergeant William C. Scott of the Genesee County Sheriff’s Office has been selected by the New York State Sheriffs’ Association Institute to receive its Court Officer of the Year award. The award was presented to Sergeant Scott during the 78th New York State Sheriffs' Association Winter Training Conference in Albany on Jan. 25. Sergeant Scott was nominated for this award by Genesee County Sheriff Gary T. Maha.

This award is given to an employee assigned to the Sheriff’s Court Security Division whose exceptional career achievements and conscientious devotion to duty have demonstrated a spirit of selfless public service.

Sheriff Maha said “Sergeant Scott has not only demonstrated exceptional career achievements over his tenure with the Genesee County Sheriff’s Office, but he continues to demonstrate a strong and conscientious devotion to duty as supervisor of the Court Security Detail.” 

Sergeant Scott is a lifelong resident of Genesee County and was hired by the Genesee County Sheriff’s Office on May 23, 1977, as a dispatcher.  On March 27, 1979, Sergeant Scott was appointed a Deputy Sheriff and assigned to the Genesee County Jail.

He worked in corrections until June 14, 1983, when he transferred to Deputy Sheriff (road patrol). Sergeant Scott received his basic police training at the Monroe Community College Regional Criminal Justice Training Center. On Nov. 6, 1995, then-Deputy Scott was assigned to Court Security Detail. On Jan. 13, 1996, he was promoted to sergeant and worked road patrol until 1997 when Genesee County built a new, consolidated courts facility and Sergeant Scott was assigned as supervisor of Court Security Detail, a position he still holds today. 

As supervisor of the Court Security Detail, which consists of five deputy sheriffs and himself, Sergeant Scott is responsible for the daily safety and security of all the judges, courts facility building and visitors to the complex. He works very closely with all courts and departments within the courts facility, which includes the District Attorney’s Office, Public Defender’s Office, County Court, Family Court, Surrogate Court, and City Court.

A total of 66,176 persons were screened in 2010 and 21,471 items were scanned by our Courts Facility Security Detail. A total of 368 items were secured, which included knives, scissors, firearms, razors, mace and drug paraphernalia.

Sergeant Scott has received four Meritorious Service Awards, was named Officer of the Year in 1986, and is the recipient of numerous letters and memorandums of appreciation. He has almost 35 years of service with the Genesee County Sheriff’s Office; 14 of which are with the Court Security Detail.

“Sergeant Scott is a great asset to the Genesee County Sheriff’s Office and to law enforcement in general. He is most deserving of this award,” Sheriff Maha said.

Photos: A drive down Gulf Road, Le Roy

By Howard B. Owens

This afternoon, I took a drive down Gulf Road in Le Roy. As usual, the old quarry visible from the road was interesting to see.

I also stopped by the entrance to the Lehigh Valley Railway derailment site. When I arrived, an employee of the company hired by the EPA to manage the site was standing roadside chatting with a reporter from New York City and an independent researcher. The employee couldn't talk, but gave me a phone number of somebody who might talk. Hopefully, in a day or two -- depending who calls me back and when -- I'll have a follow up on the situation at the site.

There is a new sign on the entrance gate at the site. It was posted today. The new sign says, "No Trespassing." (photo below)

Hochul responds to question about situation in Le Roy

By Howard B. Owens

The following statement was shared with The Batavian by the office of Rep. Kathy Hochul. Hochul issued the statement initially in response to a request for a statement from CNN.

The last several months have been challenging for the community of Le Roy. While we are all are anxious for answers, it’s important that we allow medical and environmental experts to collect the facts and accurately identify the source of this unusual and unfortunate situation.

Our top priority must be to protect the health and safety of the community of Le Roy and to this end, my office has been in contact with various federal agencies, like the Centers for Disease Control and Prevention and the Environmental Protection Agency.

As a Representative of this community, I’m committed to ensuring that the residents of Le Roy have access to the resources needed to fully understand this situation.

Statement released by the Le Roy Central School District

By Howard B. Owens

Press release:

Kim Cox, the superintendent of the Le Roy Central School District, is referring media inquiries on medical and environmental questions to the experts from the New York State Department of Health, the New York State Department of Environmental Conservation, and the Environmental Protection Agency. They are best equipped to answer your technical questions, as they have ours. 

As has been communicated, the District has been working closely for months with numerous medical professionals, the State Department of Health, the State Department of Environmental Conservation, and the Environmental Protection Agency. All of these agencies and dozens of professionals from these agencies have assured the District that the school is safe.

There is no evidence of an environmental situation or infectious cause. In addition, to help assist the District with assessing all aspects of this situation, it hired its own independent environmental expert to conduct a review of the findings and offer alternative approaches, if needed. This was done not because the District questioned the state medical professionals or federal agencies, but to help reassure the community.

There are also some who are attempting to marry the 1970 derailment to the school when in fact the plume has been shown as moving in the opposite direction some three miles away.   

The Le Roy community should take assurance that the Department of Health concluded extensive reviews of both the epidemiology and the clinical evaluations and found no evidence of environmental or infection as the cause of the students’ illness. An environmental exposure would affect many people.

The treating physicians ruled out PANDAS. The school was tested for Volatile Organic Compounds (including TCE) by an independent firm. The school is served by a public water system. The Gardasil vaccine was ruled out because many of the girls did not receive the vaccine. The Department of Environmental Conservation reaffirmed the evaluation that there is no evidence of environmental factors.

The District will certainly welcome input from outside experts if they choose to offer it in a professional and constructive manner. It will rely on its own expert as well as counsel from the Department of Health, DEC and EPA as to whether any further testing is deemed appropriate.  However, in the event that it is recommended, it will be done with a specific plan based upon all available information and accepted scientific protocols.

The District wants to be clear that it has confidence with respect to the conclusions of the Department of Health based upon its comprehensive review of this situation as well as the assessment of the physicians at the DENT Neurologic Institute. 

The Le Roy Central School District and the Le Roy community want what is best for the children in the schools. Unfortunately, the endless speculation without factual basis is creating an extreme level of anxiety and concern. Students are unable to focus on learning. The constant attention has had a negative impact on the recovery of some of the students who are directly affected, many who were improving and whose symptoms have now become exacerbated.

The District knows this has been an emotionally hard situation on the community and everyone hopes for the speedy recovery of its students.

Sponsored Post: Locally owned DirecTV dealership offers Sabres games and great customer service

By Press Release

(Shown from left are: Owner Tim Tucker, project manager Jimi Soccio, administrative assistant Leanne Moore, sales rep Mike Kelly, sales manager Chris Ball, and head technician Geoff Harloff.)

The dispute between Time-Warner Cable and the Buffalo Sabres has left many local hockey fans out in the cold, but it's not like Sabres fans are without an option to watch their favorite team.

According to Tim Tucker, owner of IR Systems, a local DirecTV distributor, Sabres fans have been calling DirecTV in droves in order to switch service.

That's great, Tucker said, but because many of these customers are calling DirecTV directly, they're spending more than the would if they called the locally owned and operated IR Systems.

"We can help local customers save money," Tucker said. "We also have 12 dedicated local employees whom customers tell me all the time provide great, personal customer service."

Among the advantages IR System offers:

  • Lower monthly prices;
  • Face-to-face customer service;
  • Flexibility to offer lower monthly price plans with in-house service plans and a lifetime warranty on equipment;
  • Experienced professional installation team;
  • Free in-home analysis of your best entertainment system set up;
  • Installation service within 48 hours, sometimes within 24 hours.

"Most DirecTV customers love the service, but when I've come across customers who've had a bad experience, it's either because of billing issues or a faulty installation," Tucker said. "With our face-to-face customer service and guaranteed, lifetime warranty on our installation, these issues cease to be a problem."

IR System's superior customer service record has enabled the locally owned company to earn a "Preferred Partner" designation from DirecTV.

The DirecTV service provided by IR Systems is the full package of programming from the nation's #1 satellite company, including all of the sports channels (Sabres and the full lineup of available NHL games, NFL Sunday Ticket, MLB baseball, NBA and college basketball, college football, national and international soccer, among other sports offerings), as well as all the movie, news and information channels that come with DirecTV service, along with premimum services and pay-per-view (various fee options exist for the different packages available).

"We're really eager to show local customers what we provide," Tucker said. "Wind, rain or snow won't stop us from giving customers the best possible service."

To contact IR Systems, call (800) 319-2129.

NOTE: This is a Sponsored Post, paid for by IR Systems.

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