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The fate of the Wiss Hotel will likely be decided tonight in a regular meeting of the Village of Le Roy trustees.

On the agenda for the 7 p.m. meeting is a discussion and likely vote on whether to accept a bid for the destruction of the building.

Mayor Greg Rogers said the trustees will go into closed session first, to both discuss the offer from the Le Roy, New York LLC for purchase and restoration of the former Wiss Hotel building and to review confidential background information on the companies that bid on demolition.

After the closed session, Rogers said he'll open the public meeting and ask the trustees to make a motion that will address the options before the board -- sell to the LLC or accept a demolition bid.

The bids covered three options for demolition -- complete demolition and removal; demolition with removal by village trucks for non-asbestos materials, and taking the building down "hot," meaning no asbestos remediation prior to demolition.

The third option will require the village to condemn the building just prior to demolition.

The lowest bid for #1 is $192,000 from Empire Dismantle and the high bid was from $346,000 from Regional Environmental Demo. A total of seven bids were received for option #1.

On option #2, there were six bids, with the lowest being $172,000 from Empire Dismantle, the highest was $426,000 from Frederico Construction.

For option #3, the lowest of 10 bids was also from Empire Dismantle at $132,000. The highest bid was 271,700 from Ritter and Paratore.

The Batavia Ramparts are presenting the Collin Crane Memorial ice skating event on Saturday, March 16, at the Falleti Ice Arena on Evans Street in the City of Batavia.

Schedule:

• 1 to 2:20 p.m. -- Open Memorial Skate -- with free skating and skate rentals
• 2:30 p.m. -- Mite Tournament (Mite sponsors are Max Pies, West Main Wine and Spirits, Cornerstone Abstract, South Side Deli)
• 4:40 p.m. -- Midget A Rampart Exhibition Game vs. MOHL

Food from Clor's Meat Market will be available, including pulled pork, turkey, and beef sandwiches.

There will be raffles and gift baskets. All proceeds will be used to establish a hockey scholarship in Collin's name.

Raffles include:

• $400 gift certificate to Adam Miller Toys
• $150 gift card to Alex's Place
• $100 gift card to Valle Jewelers
• $50 dinner and free play at Batavia Downs
• Autographed Ryan Miller Jersey
• Autographed Americans' Jersey

Seventeen-year-old Collin Crane, of Batavia, died in a two-car head-on collision on Dec. 8 on Route 33 in the Town of Stafford. A 49-year-old woman was seriously injured in the accident.

There's a man down, unconscious and bleeding from the neck at a residence on Hutchins St. in the city. Law enforcement is on scene and Mercy medics are called. It's an "unknown situation." The location is between Ellicott and Sumner streets.

UPDATE 12:40 p.m.: The patient, who was found inside the residence, is being transported to Strong Memorial Hospital.

UPDATE 12:49 p.m.: Mercy Medic #3 rerouted to the hangar at Genesee County Airport so the patient could be flown to the hospital by Mercy Flight.

UPDATE 1:01 p.m.: Investigators remain at the scene to gather more information. This may have been a medical issue.

April Marie Palmer, 26, of Liberty Street, Batavia, and Jaime Leigh Ayala, 33, of Wood Street, Batavia, are charged with grand larceny, 4th. Palmer and Ayala are accused of stealing merchandise from Walmart.

Patrick K. Gross, 29, of 15 Merrick St., Binghamton, is charged with DWI, refusal to take breath test, aggravated unlicensed operation, failure to yield right of way to emergency vehicle and several other violations. Gross allegedly failed to keep right and struck a median sign at the intersection of West Main and Oak streets. Gross allegedly failed to stop when a police vehicle using lights and siren attempted to stop his vehicle. Gross was jailed on $10,000 bail.

Alex S. Dumbleton, 19, of Greece, is charged with two counts of harassment, 2nd. Dumbleton allegedly threatened physical injury to two people.

Card Player: New York Senate Says It Supports Internet Poker

Brenden Carney awoke early this morning to the sound of somebody banging on the back door. It didn't take him long to figure out what was going on.

"I knew right away the barn was on fire and I started checking the house because I could feel the heat," Carney said.

A passing trucker spotted the fire and stopped and alerted Carney and his family. 

The alert truck driver and prevailing winds blowing east helped protect the house and Carney's wife, daughter and two dogs, who all got out of the house safely.  The house was not damaged.

The fire was reported just before 3 a.m. at 4658 Telephone Road, Bethany.  Bethany fire along with Alexander, Darien, Attica, Pavilion, Town of Batavia, Bennington, Wyoming and City of Batavia's Fast Team all responded. Stafford provided fill in at Bethany's Hall.

The response was fast, but the barn was already gone by the time the first fire chiefs arrived on scene.

"The structure was full involved when we arrived," said John Szymkowiak, 2nd assistant chief for Bethany fire. "There was nothing there but the frame."

The Carney family lost a barn they had fully restored and turned into a rec room along with a lot of personal belongings.

"We lost a lot of equipment," Carney said. "Ski boat, sail boat, snowmobiles, tractors, you name it. Compressors. Generators. All my hunting equipment. Fishing. I made my own handmade rods. Shotguns."

There was a two-year-old roof on the barn, new cabinets and Corian counters inside.

"It was nice," he said. "There were a lot of memories and a lot of work done to it, too."

Carney was thankful his family was safe, but he was also grateful to the truck driver, who also saved Carney's work truck.

"The keys were in it," Carney said. "He said it was too close, gotta leave it, and I said leave it, leave it, but he jumped in and moved it out. All of my work tools are in there."

Water had to be trucked in since there are no fire hydrants in that area, which created a water supply problem, Szymkowiak said, but there was a good coordinated response from the mutual aid companies, he said.

The cause of the fire remains under investigation.

As of 7 a.m., many of the mutual aid companies had returned to service, but Bethany fire remained on scene.

UPDATE 7:32 a.m.: Bethany fire is back in service. Route 20 is reopened.

(Initial Report)

The second alarm is called for a fully involved barn fire in Bethany at 4658 Route 20, just west of Francis Road. A deputy there reports black smoke billowing from the barn. The road will be shut down. The Bethany chief is on scene and all equipment from his department is called in.

Mutual aid is requested from Darien, Alexander, Attica, Town of Batavia, the city's Fast Team, and the Village of Wyoming. Stafford is called to stand by in Bethany's fire hall. The city's first platoon is called to stand by in headquarters.

The occupants are out of the house. Power is shut off in the barn. Vehicles have been removed from the property. The propane tank is also shut off.

UPDATE 3:34 a.m.: Westbound Route 20 is shut down at Texaco Town (the junction of routes 63 and 20).

UPDATE 4:01 a.m.: Command reports the fire is under control.

UPDATE 4:45 a.m.: The town and city units from Batavia have returned to quarters. Wyoming responders are released.

UPDATE 6:39 a.m. (by Howard): For the past 45 minutes or so, mutual aid departments have been going back in service. Bethany remains on scene. Photo: Reader submitted photo.

Yesterday, Lorri Goergen, of North Spruce Street, Batavia, showed me these pictures on her iPad. It's a herd of deer that appeared in her backyard the day before -- in the city, on Spruce Street.

The cost will be significant to clean up a former industrial property at 301 Bank St., Batavia, but it will be the state that picks up the bill, the City Council learned Monday night.

Some 4,000 tons of solid waste needs to be removed and another 20,000 tons of contaminated soil must be dug out and trucked to Texas for incineration.

The current owner of the property, Batavia Waste Material Co., Inc., went into bankruptcy in the mid-1990s. The city could have filed a tax-lien foreclosure in 1999, but the risk was the city would take on the responsibility for clean up of any contamination.

For more than 50 years, the property was used as an iron and metal recycling facility, so the possibility of contamination seemed likely.

"From a city perspective, the situation first involved a Hobson's Choice," said City Attorney George Van Nest. "What do you do? Do you foreclose and maintain municipal ownership, or do you leave it alone for the next 100 years."

The city found a middle way in the early 2000s -- apply for a state grant to hire a consultant to do an environmental assessment and come up with a plan for cleanup. 

Working with the Department of Environmental Conservation, the city hired GZA GeoEnvironmental of New York, based in Buffalo, to take on the study and develop the plan.

It's been a slow process, at a cost of more than $200,000 (city share, 10 percent) because DEC officials have had to approve it each step along the way.

Fieldwork was conducted between January 2006 and December 2010. There were 22 test pits dug, 50 soil probes, seven monitoring wells sunk and some 130 soil, sediment, surface water and groundwater samples collected.

The result -- some significant contamination on some portion of the property, including lead and PCB.

Already, some 40 tons of soil laced with PCB and pesticides have been removed and incinerated in Texas, just to take care of the most pressing issues.

Now the DEC is considering a full-on cleanup and will hold a public meeting at 6:30 p.m., March 20, to present its findings and gather public input. A final "record of decision" will be released March 31.

The cleanup, called remediation, is expected to take as long as 10 years, but when completed, the city will be able to finally foreclose on the property -- valued at about $190,000 -- and then sell it to the highest bidder. CORRECTION: The entire prodcess, starting in 2004, is a 10-year process, so officials expect completion in 2014.

The property is zoned for residential development.

As for who pays for the cleanup, the DEC will use money from the state's Inactive Hazardous Waste Disposal Site Superfund, a pot of money collected from fines and fees paid by polluters. 

Part of the Superfund process for a site cleanup is identifying a "responsible party" who will then be billed to remediate the current site.

"This is the best case, because we don't have to take over the property and be responsible for the cleanup and assume the cost of the cleanup," City Manager Jason Molino said. "In time, we can turn it into residential property."

Top photo: Chris Baron, consultant with GZA GeoEnvironmental.

There was nearly a full house for Monday night's public hearing on proposed changes to the City of Batavia's garbage collection law.

Most speakers -- and most applauders -- argued for some variation of "keep Genesee ARC" as the city's official garbage collection agency.

A couple of speakers said the city should get out of the garbage business.

There was no vote or comment by the council itself Monday. Council members did what they do at public hearings -- sat and listened.

The council is considering a proposed change to the ordinance that would take the cost of garbage collection off the tax rolls, end a 28-year relationship with Genesee ARC, and leave it up to each individual resident to contract with a garbage collection company of his or her choice.

Even the speakers who favor free choice said they would go with Genesee ARC if the price was competitive.

"If ARC chooses to provide trash service I will go with them," said John Roach, who supports the proposal to get the city out of the trash business. "It's the right thing to do and a good many people feel the same way."

But many supporters, such as Carol Grasso, said the city has pulled a fast one on residents by proposing a single-payer, pay-as-you-throw tote system and then when people protested, just saying, "OK, we'll get out of the trash business."

"Council may have misunderstood what we wanted," Grasso said. "Many of us wanted it to stay the way it was."

Grasso suggested that if the council votes for the new ordinance, come November, local voters may just "throw out the garbage."

Mary Ellen Wilber suggested that supporters of ARC may just seek the 400 signatures necessary for a ballot initiative to overturn any decision that gets the city out of the trash business.

"We need to do something together as a city and work together," Wilbur said. "You guys need to understand it wasn’t really broken. I don’t know what happened that this came to this point, but it has to be equitable for everybody."

Thomas Houseknecht said the proposed change unfairly increases the cost for city residents who can least afford the increase and offered to serve on a committee that would help the city come up with a better plan for garbage collection.

Several people made such an offer, and even supporters of choice, such as Jim Rosenbeck, said the city hasn't collected enough public input, studied the issue thoroughly and given it enough time.

"Trying to make the decision in two months is unfair to people," Rosenbeck said.

While he also offered to serve on a trash committee, Rosenbeck clearly favors getting the city out of the trash business.

"I don't believe the sky will fall if the city gets out of the trash collection business," Rosenbeck said. "It works in the town. It works in other communities. I think if trash piles up on the streets, you folks are charged with making sure that's taken care of, and I trust that you will."

Donna Rae Sutherland said the city getting out of the trash business is "bad governance" because it's the city's responsibility to provide shared services that benefit all residents.

Part of the economic calculation, she said, needs to include the local impact of Genesee ARC on jobs created, taxes paid, money spent locally -- the whole multiplier effect of local employment.

A trash collection committee should be formed, she said, to come up with a plan in conjunction with ARC that will increase recycling and create shared revenue with the city.

A select-your-own system, she said, is just going to lead to problems.

"Absentee landlords and unruly tenants will certainly clash over who pays and who is responsible for trash collection," Sutherland said. "Neighbors with garbage contacts and business owners with Dumpsters will find other people’s trash added to their own. Pocket parks and green spaces and back alleys will become drop garbage zones and our streets will become more congested with trash vendors."

Roach said, free choice works in other communities and there's no reason it can't work in Batavia.

"Former City Council President Charlie Mallow has moved to Webster where they have this free choice system and everybody has a different service provider," Roach said. "According to the former city council president, it is not a major problem, trucks running up and down the streets or anything like that. It’s workable. Glens Falls doesn’t have a problem. Saratoga doesn’t have a problem. The Town of Batavia doesn’t have a problem. Get out of the trash business. I don’t need anybody telling me who I have to hire."

Capt. Jay Steinbrenner, who retired recently from the City of Batavia Fire Department, and Sgt. John Peck, who retired from Batavia PD, were honored Monday night by the City Council with proclamations recognizing their decades of dedicated service to the city.

Top, Steinbrenner with Councilman Brooks Hawley, and below, Peck with Councilwoman Kathy Briggs, and bottom, Steinbrenner, Chief Jim Maxwell and members of city fire.

Organizers of the Facebook group "Batavians Want to Keep ARC Trash Collection" have been exhorting their members this week to show up at 7 tonight at City Hall for a public hearing on the proposed trash ordinance.

The new trash law would require each city resident to contract individually for trash collection.

Genesee ARC's director Donna Saskowski has said the agency is ready to go into the competitive trash business, but some ARC supporters are advocating for an ongoing exclusive contract with ARC.

One message:

Hope to see Many People at the Council meeting tomorrow night at 7 for the Public Hearing on the Latest proposed ordinance which would require all residents to hire their own trash contractor by June 1st. If you think it is a bad idea, we really need you to come and show your support and let Council know!

Residents who wish to speak either for or against the proposed ordinance should plan on showing up early and signing in. Speakers will be called to the podium in order of sign-up.

The council will also hold a public hearing on the proposed budget for 2013-2014, which lowers taxes based on the proposal to take garbage collection off the tax roles and have residents become responsible for their own garbage collection.

Sheriff Gary Maha was on vacation last week when The Batavian sought a response from him on allegations raised by Larry Andolina, attorney for Greg Phillips, that Sgt. Steve Mullen had mishandled the investigation of a bookmaking case involving two city firefighters.

Phillips is one of three men, including another former city firefighter, who admitted in December to bookmaking (taking sports bets). 

This afternoon we received the following response from Maha:

Allegations were made through defense counsel (Mr. Andolina) that Steve Mullen had in the past placed bets with his client. Information was that these alleged bets were placed four to five years ago.

As you know, placing a bet is not illegal, however if this was true, it would be a violation of our rules and regulations.

Based upon these allegations, we initiated an internal investigation. Steve Mullen retired prior to the completion of our internal investigation, therefore this became a moot issue as I could not discipline him if these allegations were sustained. All personnel matters are confidential.

Phillips and co-defendants Brian Bordinaro and Lance Engel each entered guilty pleas Dec. 11 to a Class A misdemeanor charge of promoting gambling, 2nd. Last Tuesday, they each learned that Judge Robert Balbick intends to give them weekend community work details as part of their sentences.

After the hearing, Andolina spoke with the media and said the reduced charge (the bookies were originally charged with the Class B felony of enterprise corruption) was the result of the Sheriff's Office mishandling the case. Pressed for proof, Andolina mentioned Mullen's retirement, but declined to produce any other evidence.

Later that evening WIVB aired a story that more specifically accused Mullen of placing bets, but it was scant on details and offered no factual information to back up the allegation. The story was based entirely on anonymous sources.

Part of the premise of The Batavian Club is your membership helps support what we do. Well, here's a chance to directly help what we do in a way that will have immediate benefit.

Both Batavia and Notre Dame are playing state championship games this coming weekend. I plan on trying to do the impossible and cover both teams (the games don't overlap, which helps).

I estimate the cost of coverage will be about $400. You can help us cover that expense by joining at an annual membership level.

Each new member who joins at an annual level while this post is on the home page will receive a free 13x19 inch print on matte paper of the basketball photo of their choice from the 2012-2013 season. The retail value of the unframed photo is $35 and you'll receive it for free along with more than $300 in gift certificates to local businesses.

After joining via PayPal, e-mail me, howard@thebatavian.com, and let me know what picture you would like me to print for you. Or if you use the downloadable form and send in a check or credit card number (or phone your membership in), write down (or tell us), which picture you would like.

This offer applies only to pictures that I've taken. We'll need to receive your request in one way or another in order to fulfill this offer.

Any businesses interested in sponsoring our basketball coverage should call us at (585) 250-4118.

TO JOIN: Use PayPal buttons below, or to pay by check (annual only) or credit card, click here to download form. Or call (585) 250-4118 to pay by credit card.

Monthly Single Membership - $5 per month
Includes membership card and bumper sticker, package of gift certificates to local businesses.

Monthly Household Membership - $10 per month
Includes two membership cards and two bumper stickers, one package of gift certificates to local businesses.

Annual Single Membership - $50 per year
Includes membership card, bumper sticker, package of gift certificates to local businesses.

Annual Household Membership - $100 per year
Includes two membership cards and two bumper stickers, one package of gift certificates to local businesses.

Annual membership, one payment of $60
Includes membership card, bumper sticker, package of gift certificates to local businesses.

Annual household membership, one payment of $120
Includes two membership cards, bumper sticker, one package of gift certificates to local businesses.

Hector Antonio Leon-Figueroa, 31, of Avery Street, Rochester, is charged with criminal possession of marijuana, speeding and obstructed license plate. Omar Leon-Figueroa, 30, of Curlew Street, Rochester, is charged with criminal possession of marijuana. Hector Antonio Leon-Figueroa's vehicle was stopped at 4:36 p.m. Saturday on I-490, Bergen, for alleged traffic violations by Deputy Kevin McCarthy. During the stopped, McCarthy allegedly discovered the vehicle was carrying two pounds of marijuana. Hector Antonio Leon-Figueroa was jailed without bail. Omar Leon-Figueroa was jailed on $5,000 bail.

Joshua T. Fullmer, 20, of 3124 W. Main Street Road, Batavia, is charged with disorderly conduct and resisting arrest. While Batavia police officers investigated an incident at 3:41 a.m. Saturday, Fullmer allegedly approached and shouted obscenities at the officers. He allegedly acted in an aggressive manner and squared off in a fighting posture. Fullmer was subdued and taken into custody. He was later released on an appearance ticket.

Alexander A. Chandler, 21, of 25 Bacon St., Le Roy, is charged with assault, 3rd, and criminal mischief, 4th. Chandler is accused of punching another person in the face several times, causing cuts and and breaking the victim's glasses, while at Denny's, 364 W. Main St., Batavia, at 12:41 a.m. Sunday.

Andrei P. Sliker, 22, 11172 Silver Road, Bethany, is charged with disorderly conduct and harassment, 2nd. Sliker allegedly tried to punch the manager at the Days Inn during a disturbance at 3:25 a.m. Sunday. As officers attempted to take Sliker into custody, he allegedly became belligerent and shouted obscenities.  Sliker was jailed on $250 bail.

Cheryl M. Lyons, 47, of 119 State St., Apt. 4, Batavia, is charged with petit larceny. She is accused of stealing a laptop computer from another person.

Michael Patrick Sullivan, 50, of Main Road, Stafford, is charged with harassment, 2nd. Sullivan is accused of throwing a box that contained a computer modem at a female, striking her in the head. He also allegedly punched the victim in her chest. Sullivan was jailed on $500 bail.

Fawn Lynn Marie Kaczmarek, 24, of Darien, is charged with endangering the welfare of a child. Deputies Kevin McCarthy and Patrick Reeves responded to a reported altercation between two people at 9:25 p.m., Friday, and found Kaczmarek allegedly with an infant outside not wearing appropriate clothing for the 33-degree weather.

UPDATE, this just in from the Wyoming County Sheriff's Office:

Deric J. Hewitt, 28, of South Jefferson Street, Batavia, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, DWI, driving with a BAC of .08 or greater, inadequate brake lights and failure to notify DMV of address change. Hewitt was stopped at 1:30 a.m. Friday in the Village of Perry by Deputy Colin Reagan. Also charged with unlawful possession of marijuana and consumption of alcohol in a motor vehicle was Hewitt's reported passenger, Sean M. Miller. Hewitt was released to a third party after his vehicle was towed.

Democrat & Chronicle: Sunshine Week: New York's FOIL laws gain scrutiny

UPDATED 7:56 a.m.

A man house sitting for a hospitalized friend at a residence known to neighbors as "the old school house" at 11030 Sandpit Road, Alexander, died Sunday evening after a fire broke out near the front of the building.

The victim has been identified as Scott A. Cramer, 47, of 11000 Sandpit Road, Alexander.

Investigators have determined the likely cause of the fire was electrical.

Cramer was found about 15 feet inside the doorway, which was initially blocked by flames. Once the fire was knocked down and the safety of the crew assured, firefighters were able to enter the residence to look for Cramer.

The Sheriff's Office reports that Cramer was pronounced dead at UMMC.

The fire was reported by neighbors and a member of the Alexander Volunteer Fire Department, who spotted flames coming from the front of the house as he drove past.

Both the neighbor and the firefighter attempted to locate the man inside, but he did not respond to calls and the flames were already blocking the entrance.

"I was hollering," Grant Whitmore said. "I couldn't get anything from the front door, so I went to the back of the house. There was a screen there and I was hollering, but I didn't hear anything."

Whitmore said there was a fire extinguisher near the front entrance of the house, which he tried using, but it proved ineffective against the size of fire that had already developed.

Tim Yaeger, emergency management coordinator for Genesee County, said there was only one way in or out of the residence and that was the front door.

Firefighters first knocked down the flames, but then entry was delayed because the area above the entrance was used for storage. There was a TV and filing cabinet in the space and fire crews were concerned about the soundness of the structure at that point.

"They were concerned about their safety, being trapped in there, so they had to make sure it was safe," Yaeger said.

Once found, Cramer was immediately taken out and brought to a Mercy EMS ambulance and transported to UMMC. Medics attempted CPR on Cramer from the time he was brought out of the residence and during his transport to the hospital.

The man was house sitting, watching over the property and taking care of the pets, while the homeowner is hospitalized at UMMC, Whitmore and Yaeger said.

There's no word on the fate of the pets.

The property owner is listed on county records as Joseph Snyder. The structure was built in 1850. The front of the structure, a later add-on, was heavily damaged in the fire.

Whitmore said Cramer had been house sitting for a week, possibly two, and that he often attended church with Whitmore and another friend. 

Fire investigators were working late into the night trying to determine the cause of the fire.

Along with Alexander Fire, Bethany, Darien and Attica fire departments responded to the scene. Town of Batavia's ladder truck was dispatched, but stayed at Alexander's fire hall on standby.

The Sheriff's Office is assisting in the fire investigation.

NOTE: We'll update this story with more information once it's released by the Sheriff's Office.

A working house fire is reported at 11030 Sandpit Road. Alexander and Darien fire departments are responding, and Town of Batavia and Attica are called for mutual aid. The location is said to be at or near "the old school house." Law enforcement on scene reports the propane tanks are shut off but the blaze "is really cooking." They have not yet determined if the occupant(s) are out. They are embarking on a search.

UPDATE 10:22 p.m.: The power company is called to the scene.

UPDATE 10:24 p.m.: National Grid is advised, no ETA given.

UPDATE 10:25 p.m.: A patient has been located.

UPDATE 10:42 p.m.: At least one patient suffered multiple burns and CPR is in progress. Possibly another patient is en route to an area hospital.

UPDATE 10:44 p.m.: The firefighters are now focusing on rehabing the structure. themselves as need be.

UPDATE 10:48 p.m.: One person is at UMMC, transported by Alexander #10.

UPDATE 10:51 p.m.: Bethany firefighters have also assisted on this call.

UPDATE 11:03 p.m.: National Grid has a 20-minute ETA.

UPDATE 11:09 p.m.: Alexander #10 is returning to the scene. The sole victim was not the homeowner but a male house sitter.

UPDATE 11:14 p.m.: The Town of Batavia assignment is back in service.

UPDATE 11:17 p.m.: Mercy Medics who responded are told to go back in service.

UPDATE 11:21 p.m.: The power company is on scene.

UPDATE 12:07 p.m.: The sole victim transported to UMMC subsequently died, according to Tim Yaeger, Genesee County Emergency Management coordinator. More T/K.

UPDATE 1:52 a.m.: All Alexander units back in service.