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Residents of Vernon Avenue are organizing opposition to a proposed new Arby's Restaurant on West Main Street, at the end of Vernon.

In a petition presented to City Council Monday night, residents say the proposed development -- which would replace three existing residential buildings -- would create more noise, result in 24-hour lighting, destroy trees, increase traffic congestion at the intersection and on Vernon, and decrease property values.

Residents David Steele and John McCauley spoke up during public comments at Monday's meeting and Steele presented the Council with a petition signed by almost every resident of Vernon Avenue (City Manager Jason Molino lives there but didn't sign it, Steele said, citing a conflict of interest).

"Many residents, especially those at the southern end of Vernon Avenue, have said if this development goes through as presented to the Planning and Development Committee, they will list their homes for sale," Steele said. If many residents do that, there will be a housing glut on that street with supply and demand decreasing property values."

McCauley (top photo) said he purchased his home about a year ago, moving here with his wife from Buffalo, expecting to live on a quiet street. If the Arby's is built, he said, then he'd likely move.

"We were sad to hear that (an Arby's was going in)," McCauley said. "If they were going to do something like that, it would probably force us to put our house up for sale."

The proposed development will be on Thursday's agenda for the County Planning Board and at a future meeting of the city's Planning and Development Committee. Steele said residents plan to be at both of those meetings.

The planning committee operates independently and the Council has no real input on what development gets approved or denied.

The man on Jackson Street who was the center of local law enforcement attention for four hours Sunday afternoon has been charged with two counts of second-degree harassment and two counts of endangering the welfare of a child.

Glenn H. Quintern, 56, of 102 Jackson St., rear upper apt., is being held on $20,000 bail or $40,000 bond.

Quintern allegedly threatened to shoot children who were playing near his apartment.

Batavia PD responded to the complaint and tried to talk Quintern out of the apartment. Because it couldn't be determined whether he actually had a weapon and the level of threat he posed, backup patrols, including deputies and troopers, were called in and eventually the Emergency Response Team was deployed.

Following a 40-minute negotiation with police, using a phone that had been tossed into the apartment, Quintern surrendered and was taken into custody without further incident.

A subsequent search of his apartment did not turn up a weapon.

Additional charges are possible, according to police.

Also assisting at the scene were the Office of Emergency Management and Batavia FD.

A severe thunderstorm warning has been issued for our area through 10:45 p.m.

A storm is heading our way from Erie County at 45 mph, according to the National Weather Services.

The storm is capable of producing winds up to 60 mph. Torrential rainfall is occurring within this storm and may lead to flash floods.

The flowering crabapple trees that line the streets in the Village of Alexander perfectly capture the spirit of her father said Emily Conable, daughter of the late Barber Conable, the former U.S. Congressman and World Bank president.

"The trees are really typical of the way he thought," Emily said. "He liked color, he liked trees, he liked the shape of the crabapple trees and he liked that they didn't produce a lot of fruit that would create a mess for neighbors to deal with."

Inspired by the seasonal bloom of cherry trees in Washington, D.C., many years ago Conable embarked on a mission to populate his hometown village with its own distinctive arborous splendor. 

A placist and Alexander loyalist even as he rubbed shoulders with presidents and potentates, Conable dreamed of a village that would burst forth in vibrant raspberry sherbet every spring, giving Alexander its own distinctive flavor.

"He loved Alexander," said Jane Schiemder, another daughter. "He was so enormously attached to that place as his home that he wanted to give it a beautiful gift and pay it back, at the same time making it more beautiful with its own special identity."

Conable offered to buy trees every year for the village, for the school, for any resident, business or church willing to have one planted in a yard or along a drive.

"One year he did five, another 10, another three," Emily said. "It really came down to how much time he had and how many people wanted trees."

At one point, Jane said, village officials were concerned they were running out of places to plant new trees, yet the statesman of local values wanted to buy more, and more.

Both Emily and Jane said Conable would certainly want to see his gift to the village enhanced by residents and officials buying more trees. The tree is not necessarily common anymore, said Emily, who currently works at an arboretum in Pennsylvania, Longwood Gardens. She said the tree can still be found at some garden shops locally and online.

Conable planted nearly a dozen trees in the Alexander Cemetery. He always planned to be buried there, as he was, even though he could have been buried at Arlington National Cemetery. The cemetery is next to the Schmieder property.

"He wanted the Schmieder cows to come to his funeral," Emily said.

Jane lives in Bethany now and drives through Alexander frequently, where she can take in the rugged, radiant brilliance of her father's bequest. He would be heartened to know, she said, that people still notice.

"I'm proud he did that," Jane said. "I really enjoy seeing such a beautiful addition to a really nice small town."

FOOTNOTE: We use the word "placist." In our conversation, Jane said the trees were part of her father's "placism." Though already familiar with the word, for whatever reason, I decided to google "placist." Every online dictionary defines the word along the lines of "somebody who discriminates against people from other places." That's never been my understanding of the word's meaning. So I called Bill Kauffman, one of the nation's leading experts on placism. Bill was surprised the word is even in dictionaries. "I thought I made up the word," he said (he's used it in his books). "No, that's not what the word means," he said. "It means somebody who loves their own place." Loving one's place is hardly the same as resenting those from other places. We hope they love their place, too. Bill and I agreed -- we're taking ownership of the word. There's no negative connotation in it whatsoever.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) and Genesee Gateway Local Development Corporation (GGLDC) approved projects at the May 7 board meetings.  

The GCEDC approved an application from the Depew, Lancaster & Western Railroad for the purchase of a specialized forklift and two track vehicles for servicing truck and rail service at the transload warehouse facility in the City of Batavia.

Depew, Lancaster & Western Railroad company also received approval for a sales tax exemption of $9,512. The anticipated capital investment will be approximately estimated $118,000. Further, for every $1 of public benefit, the company will invest $12.50 into the local economy.

The GCEDC Board also passed an amended insurance policy to allow for the approval of lower insurance limits specifically for small-scale sales-tax exemption projects on a case by case basis. The new policy will allow smaller projects to take advantage of GCEDC’s incentives without having to incur the increased costs of changing insurance coverage to receive the benefits.

The GGLDC, the real estate arm of the Genesee County Economic Development Center (GCEDC), approved a purchase and sale agreement with Fancher Properties LLC for 2.6 acres of land in the Buffalo East Technology Park. 

Fancher Properties plans to build a 15,000-square-foot facility at the Technology Park to house an office, manufacturing and warehouse facility. The company, which manufactures and installs specialty signs and closets for housing developments and hotels, plans to invest $500,000 in the project and will work with the GCEDC to seek IDA benefits.

“While it’s great to see new businesses coming into the community, it’s also very important that our agency can assist existing companies with their expansion and growth needs,” said Steve Hyde, GCEDC president and CEO. 

Hyde also stated that “the change approved by the GCEDC Board in the insurance requirement policy will allow us more opportunities to help small businesses take advantage of IDA benifts for their projects."

Chad A. Allen, 36, of Oak Street, Batavia, is charged with burglary, 2nd, and criminal mischief, 3rd. Batavia PD observed Allen allegedly inside a vacant residence on Oak Street, Batavia. He allegedly damaged copper pipe inside the residence. He was ordered held without bail.

A 17-year-old resident of Walnut Street, Batavia, is charged with criminal mischief, 3rd, and criminal contempt, 1st. The youth is accused of causing more than $250 in damage to the property of another person. That person was also the subject of a protective order. The youth was jailed without bail. Name withheld by Batavia PD.

Robert M. Freeman, 23, of Pearl Street, Batavia, was arrested on warrants related to several charges and for alleged failure to abide by terms of a drug treatment program. Freeman's charges include forgery, 2nd, and two counts each of criminal contempt, 2nd, and petit larceny. Freeman was located during a traffic stop on West Main Street, Batavia. He was order held without bail.

Matthew S. Williams, 27, of Ellicott Street, Batavia, is charged with aggravated unlicensed operation and uninspected motor vehicle. Williams was stopped at 11:29 a.m. Thursday on Ellicott Street by Officer Frank Klimjack for allegedly operating an uninspected motor vehicle. A license check revealed an alleged five previous license suspensions. Williams was jailed on $1,000 bail.

Samual R. Smith, 28, of Columbia Avenue, Batavia, was arrested on a warrant for alleged failure to appear on an overnight parking ticket. The ticket was issued in March 2014. Smith posted $100 cash bail.

Ralph A. Golding III, 50, of Buell Street, Akron, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Golding was arrested by Akron PD and turned over to Batavia PD. He was jailed on $2,500 bail or $5,000 bond.

Nicholas J. Elmore, 26, of Liberty Street, Batavia, is charged with harassment, 2nd. Elmore allegedly sent several threatening text messages to another person.

Dixie Lee Smith, 49, of Kriger Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and failure to keep right. Smith was involved in a property damage accident at 3:48 p.m. Sunday on Day Road, Alexander. The accident was investigated by Deputy Michael Lute.

Larry William Toal, 60, South Main Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, reckless driving, speeding and driving left of pavement markings. Toal was allegedly operating a motorcycle on Route 5, Batavia, at 6:35 p.m. Sunday while intoxicated when stopped by Deputy Joseph Corona.

Aaron Paul Soloman, 38, of Liverpool Heights, Chili, is charged with driving while ability impaired by drugs, speeding and unlawful possession of marijuana. Soloman was stopped at 12:30 a.m., Sunday, on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Thomas Edward Murtagh, 57, of Parkview Drive, Bergen, is charged with driving while ability impaired by alcohol, refusal to take breath test and drinking in a motor vehicle. Murtagh was located in his vehicle parked on Townline Road, Alabama, at 10:30 p.m. Saturday by Deputy Michael Lute.

Tyler Austin Stoddard, 20, of Meiser Road, Alabama, is charged with aggravated harassment, 2nd. Stoddard is accused of continuing to contact and leave messages for another person that were harassing in nature to that person.

New York Times: Recycled Drinking Water: Getting Past the Yuck Factor

Ferguson. Los Angeles. Chicago. Cleveland. Brooklyn. Baltimore. The national media has reported several examples of aggressive police conduct in these cities in the past few months that ended in violence.

In those same months. Batavia PD has dealt with at least three incidents, including one today, that easily could have gotten bloody but ended quietly.

Chief Shawn Heubusch said it's by design.

"Our number-one goal is to resolve every situation we run into as peacefully as possible," Heubusch said. "We want to use as little force as possible."

Today's incident began with a report of a man at 102 Jackson threatening to shoot children in the head for causing a ruckus near his residence.

Police weren't certain he had a gun, but it was a distinct possibility, so they proceeded with caution -- calling in extra back-up, eventually deploying the Emergency Response Team and even positioning two State Police sharpshooters on the roof of the Salvation Army with a clear line of sight into the man's second-floor window.

They also interrupted the relaxing Mother's Day that Officer James DeFreze was enjoying with his family.

Defreze is a trained negotiator. ERT members tossed a special, wired phone into the man's apartment. DeFreze and the man talked.

"The broad procedure we try to follow is to build rapport and be empathetic and try to understand what people are going through," DeFreze said. "We try to get them to open up and then see what we can do to help them. They're really just looking for help."

The negotiation took 30 to 45 minutes, Defreze said. The entire time, police officers, troopers and deputies remained in positions with long guns trained at the suspect's second-story window.

In the end, no shots were fired. The man walked out of his apartment and surrendered to a police officer.

Officer Marc Lawrence said the investigation is ongoing, but charges likely against the suspect, whose name has not yet been released.

There were high fives among a couple of the officers, pats on the back for DeFreze and a crowded gathered at Central and Jackson applauded the effort by police to resolve the potentially deadly situation peacefully.

"I did hear them applauding," DeFreze said. "It was nice. At first it seemed like they weren't paying attention, having a little bit of fun over there, but it was nice that they appreciated us and our work in the end."

About a month ago, DeFreze and a deputy who is also trained in negotiation helped talk a woman into surrendering and in March, a knife-wielding man on Central Avenue came at officers and threatened them, but the officers involved were able to defuse the situation and take the man into custody without incident.

"Our number-one goal is to make sure everybody goes home safe, the suspect included," Heubusch said.

Some passersby yelled out suggestions for police, of the type that veered toward a more violent, quick-resolution response.  

"Let me have a gun," one man said. "I'll end this."

Others wanted to see tear gas lobbed into the building and ERT members swarm the apartment.

Unless it's a hostage situation, the best response is a slow, methodical approach, Heubusch said.  The suspect isn't going anywhere, is a minimal threat and can probably be talked out of any drastic actions.

"We would rather take the time to ensure that everybody involved is safe and avoid anything that could cause harm to anybody, including the suspect himself," Heubusch said. "There's nothing wrong with slowing it down."

Heubusch said a good rapport with the community helps officers take their time to resolve conflicts.

He said he can't speak for what goes on in other communities. Of course, he and his officers pay attention to news accounts of violent confrontations involving other police officers, but since he isn't involved and doesn't have all the facts, he doesn't want to compare what happens in Batavia with what happens elsewhere.

"We're constantly evaluating and constantly changing tactics as needed," Heubusch said. "Back in the '80s or '90s, for example, if the SWAT Team showed up for a call out, guess what, they were going in the door. We have new techniques now. If there's no danger, we've learned it's better to sit and wait."

Today's incident lasted more than four hours, but in the end, the patience of trained and skilled police officers proved the perfect response.

Officer James DeFreze on the right.

A grass fire is reported at 3562 E. Lockport Road, Oakfield.

That's the East Oakfield Cemetery.

Oakfield fire dispatched.

On Coe Street, Oakfield, somebody discarded this forelorn Teddy Bear.

The Teddy Bear became a popular toy in the early 20th Century after Teddy Roosevelt refused to shoot a bear on a bear hunt. After days of hunting, in Missouri, Roosevelt's guides found a bear that was weakened by lack of food and captured it, tied it to a tree and waited for Roosevelt to catch up. Roosevelt wouldn't personally kill a bear in that condition. An illustrator on the trip drew a picture of the scene, and early Teddy Bears looked a lot like the artist's depiction of the bear. The rest of the story: The guides killed the bear and the hunters feasted on bear that evening, but the illustration helped cement Roosevelt's image as a humane conservationist.

While out in Oakfield today, I found Karl Dilcher running a Mother's Day chicken BBQ. This was the first day that Dilcher, owner of Alli's Cones & Dogs, offered chicken BBQ, something he says he plans to do every day, plus offer the service as catering for special events, including charities, graduations, weddings, etc. Pictured with Diltcher is Shorty Thomas, now working for Dilcher, who worked for years for Clor's.

Events on Jackson Street today kind of swamped the time available to do a follow up on the East Shebly Road fire, but here are the photos.

Look for a follow-up story, with photos, on Jackson Street, if not tonight, in the morning.

To purchase prints, click here.

The Peace Garden in Batavia is 5 years old, and supporters celebrated Saturday with a dinner at Terry Hills.

Awards were given to Kelly Rapone, Mary Dix, Kathy Jasinski and Ron Burroughs.

The guest speaker was Corrin Stellakis, 2014 Miss Teen NYS.

Also pictured are Tom Dix, Paula Savage, Ellen Bachorski, Carol Grasso, Berneda Scoins and Louise Wallace.

Photos from yesterday's rehearsal of the Genesee Chorale. 

Here's a press release about the upcoming performance:

On Sunday May 17 at 3 p.m. at Elba MS/HS Auditorium, the Genesee Chorale will present its Spring Season, “Music in Motion.” In the past, the Chorale has shared the stage with other musicians, ranging from a full orchestra to other chorale groups and soloists. This time, Director Ric Jones thought to try something entirely new: why not share the stage with live dancers? The Genesee Chorale Board applauded the notion and unanimously gave the go-ahead, and Jones went from there.

He first approached Dan Doctor, of Medina’s West Side Academy, asking him, “So…what do you think of choreographing a show entirely to live chorale music?” And Doctor responded quickly in the affirmative: “Yes!  We’re in.” And after reviewing the repertoire, he committed his dancers to six songs.

They weren’t the only ones. Dancers from Batavia’s Divine Dance, directed by Erin Martin, were in as well, happy to join the Genesee Chorale in such a unique endeavor. Though May is a busy season for every performing group, they were pleased to share some of their best performers to feature in “Music in Motion.” And finally, the Greycliffe Quartet, a renowned string ensemble from Buffalo, committed to accompany the singers, too.

The Genesee Chorale is accompanied on piano by Doug Hanson. The concert will also feature soloists Mark Christenson, Rachel Chrostowski, Janine Fagnan, Yvonne Freeman (also featured as a flutist), Merry Lou Holley, Carl Schoonover, Heather Lovelace, and Norm Woodworth.

Presale tickets are $8 and are available online at www.geneseechorale.com. Tickets will also be available at the door for $10.

I took a drive through Alabama, Oakfield and Elba yesterday.

Above, Judge Road, Alabama.

Judge Road, Oakfield

Drake Street Road, Oakfield

Old Ford Road, Elba

Batavia beat Notre Dame 3-2 in the championship game of the Rotary Tournament.

Batavia scored the winning run on a 2-out Quentin Weis single. Pitchers Greg Mruzek and Tyler Prospero both went the distance. 

Photos are from one inning of the Batavia vs. Oakfield-Alabama game and the championship game.

To purchase prints, click here.

Saturday was "Women Build Day" for Habitat for Humanity and in Batavia more than 50 women signed up to assist with the current project for Genesee County, at 26 Oak St.

The prospective homeowner is Sheila Rolle and her daughter Jada. Local Habitat CEO Jessica Maguire-Tomidy said she is particularly excited about this project because Rolle was the first potential homeowner who came to her when she started six years ago and Rolle has worked hard to get herself in a position to qualify for a Habitat home.

It was a hot, dusty day at the construction site.

Ron Burroughs out for a bike ride on Court Street, Batavia, this afternoon.

We'll have more coverage from today's happenings in Genesee County in the morning.

The VFW Post in Batavia is in a poor state of repair, and Rep. Chris Collins is pushing legislation that could help the post, and veteran's service organizations throughout the country.

Collins highlighted his legislation today with an appearance at the post.

Incoming Post Commander Ronald Jackett gave a tour of the building, with it's stained and missing ceiling tiles, corroded bathrooms and peeling paint.

Jackett estimates repairs -- including a new roof -- will cost $40,000.

To help raise funds for repairs, the post is selling tickets for a Harley-Davidson raffle, but he certainly welcomes the proposal being pushed by Collins to make Community Development Block Grant funds available to the nation's veterans services groups for building repairs and upgrades.

"Many of these organizations, such as the Veterans of Foreign Wars and American Legion are able to fund themselves by offering their facilities for special events such as birthdays and weddings," Collins said. "Their facilities serve as community centers, bringing neighbors and families together for special events. These organizations should have the ability to repair their existing facilities and further ensure the safety of those using them for special occasions and gatherings.

Collins said by using CDBG funds, the program draws from an existing expenditure, rather than creating new spending that would add to the federal budget deficit.

Wherever the money comes from, it would certainly be welcome, Jackett said.

"I don't know how we're going to do on this motorcycle raffle," Jackett said. "It's very slow going. It's very important. If we don't get enough off this motorcycle raffle, we're going to be looking everywhere else we can to try to get funding."

The post hasn't been able to use its kitchen for more than a year. It used to be an important source of revenue, generating as much as $1,000 a week in sales.  

The Harley is routinely on display at Chesley Auto on East Main Street, Batavia, where raffle tickets may be purchased.

The bill sponsored by Collins is similar to one introduced by other members of Congress in previous sessions, but never passed.

After their appearance at the VFW, Collins and Assemblyman Steve Hawley visited Ken Barrett Chevrolet, which was hosting a recruitment drive for the county's veterans' groups, with WBTA broadcasting from the dealership.