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Reason Magazine: John Stossal column

Press release: 

September is Pediatric cancer Awareness Month and the Michael Napoleone Memorial Foundation is hosting  2 events to raise funds and awareness for this devastating disease. Pediatric Cancer is the number one cause of  disease-related death in children.  Forty-six children a day are diagnosed with cancer and 40,000 children undergo cancer treatment each year. There is so much to be done and so many families in need of assistance.

The Michael Napoleone Memorial Foundation is hosting a 5k Run /Walk for the Gold on September 27th @ 9am in Leroy, NY , registration begins at 8am.  The race begins at the Tennis Courts on Wolcott St.  $25/per participant. Go to active.com to register or to www.michaelshope.org for  mail-in registration. First 100 runners get a free T-shirt.

The Foundation is also raffling a  “DINNER FOR TEN”, which is a 5 course gourmet dinner for 10 people served in a private setting with limo service (50 mile travel radius). This is a one-of-a-kind raffle  and  is an amazing prize to win!! Winner can select a mutually agreed upon date for the dinner.  Tickets are $20/each or 3/$50. Call 585-409-3276 or 585-409-3275 for more information or if you need tickets dropped off. Go to www.michaelshope.org to see previous   winners.

Support Pediatric Cancer Awareness Month by supporting the Michael Napoleone Memorial Foundation.  Your assistance helps us “Lend a Hand of Hope” to families, to research efforts, and to youth in our community.

The accomplice in a home invasion burglary on Park Avenue on Jan. 22 -- a burglary that included the use of a handgun -- will spend the next five years in prison Judge Robert C. Noonan ruled today.

Nathaniel Davis, 18, has no prior serious criminal record and Noonan acknowledged that his testimony in the trial of Akeem Simmons probably helped put the much more experienced criminal away for 20 years.

Simmons was convicted of burglary 1st in August and sentenced last week.

Davis entered a guilty plea to a reduced charge of burglary 2nd immediately after Simmons was convicted.

District Attorney Lawrence Friedman denies there was any deal with Davis to secure his testimony in the Simmons trial, but both Noonan and Public Defender Jerry Ader cited his forthright testimony as a reason for a sentence less harsh than the one given to Simmons.

Ader said he didn't want to minimize the seriousness of his client's conduct Jan. 22, but "he was threatened if he testified and knew he was facing a state sentence, but he testified anyway," Ader said. "I can't say for sure it was a linchpin in swaying the jury, but I think it was helpful. I think he came across as believable and honest, so I do think it was helpful to the prosecution in getting a conviction."

As part of the plea deal with Davis, Friedman agreed not to speak at the sentencing.

Noonan said he understands there may be some public concern over the 15 years difference in the sentence, but besides the criminal history and the testimony, Noonan said there's no doubt in his mind that Simmons was the primary mover in the decision to burglarize a house in Batavia.

Noonan expressed skepticism at the contention by Davis that he felt trapped into participating in the crime over fear of retaliation from Davis.

"You haven't had a particularly productive life," Noonan said.  "You had some difficulties that perhaps contributed to that lack of productivity, but you haven't shown any willingness to be productive and be a mainstream citizen that I can see."

Davis must also pay $4,040 in restitution.  Because there was no request for restitution from Davis before he was sentenced, the entire four grand is on Davis.

A business deep inside the Batavia Industrial Center/Harvester Center on Harvester Avenue was broken into some time over night.

The original dispatch said there was quite a mess made inside the business.

The burglar gained access by breaking a window on the south side of the building that was tucked behind an old rail tanker.

It's yet to be determined what, if anything, was stolen, said Det. Todd Crossett (pictured taking a DNA swab on the broken window).

The break in remains under investigation.

City fire is being dispatched a location on East Main Street, East Avenue near Ross Street, to investigate a report of a window being broken and gasoline being poured inside the residence.

The incident occurred at 6 a.m., but is just now being reported.

UPDATE 10:32 a.m.: A residence at 15 East Ave., Batavia, had three windows broken on the Columbia Avenue side of the structure.

Gasoline was poured into the windows and onto the ground outside.

Three people live at the residence. 

The incident occurred about 6 a.m., and residents heard the glass breaking but didn't get out of bed to investigate, according to authorities.

A police officer said it's likely the perpetrator is somebody who knows one or more of the people who live at the residence.

Photo: A firefighter uses a meter to collect fume readings from a window sill.

Keith Olbermann: Derek Jeter Isn't The Greatest Player Ever

Route 19 in the area of Wolcott Street was closed this morning following a tractor trailer accident at 2:30 a.m. that involved three parked cars and a utility pole.

There were no injuries.

The road should reopen soon, though it is closed at the moment.

UPDATE: 2:17 p.m.  Rt. 19 has been re-opened.

Photos courtesy the Le Roy Fire Department.

Officials in Oakfield today held a ribbon cutting ceremony for the new water tower serving both the village and the town.

The $3.5 million project was eight years in the making. The community replaced a 99-year-old, 125,000 gallon tank.

Building the tank was partially financed through federal grants. A bond covers $2.6 million of the expense.

The new tank holds 500,000 gallon of water.

Through use of a block grant, will soon have a new water use measurement system in place. Rather than meter readers, each water user will have a radio-read system installed from a company called Sensus that will allow instant reading of water usage, including reports, if needed, on hour-by-hour usage.  Officials will have instant access to customer usage if a customer has questions about their account.

Pictured above: Jeremy Delyser, from Clark Patterson Lee, Joyce Grazioplene, retired clerk, Rick Pastecki, former mayor, Assemblyman Steve Hawley, and Legislator (and former mayor), Ray Cianfrini.  (Note: Several more people participated in the actual ribbon cutting, but my photos from the ribbon cutting are unusable. My old, cheap wide angle lens didn't focus properly).

Assemblyman Steve Hawley checks out the interior of the new water tower.

Mayor Jason Armbrewster sent along this video taken with a camera mounted on a drone of the new tower.

It was a beautiful day, I think you'll all agree. Here's a tree and the sun on Drake Street Road, Oakfield.

Crews are repairing the rail beds at Dublin Road, Jerico Road, Beaver Meadow Road in Bergen. The crossing have been closed this week. A supervisor on Dublin Road said today that he was trying to finish up that crossing ASAP and he expected to have all of the crossings opened by Friday.

The Chamber of Commerce hosted its annual ag tour this morning, starting with a visit to BCA Ag Technologies in Oakfield (that visit was co-hosted by Z&M Ag and Turf).

During the first visit, tour participants learned about all the high-tech ways farmers more precisely and efficiently put seeds in the ground, using GPS and computer-programed seeding mechanisms.

After BCA, the group moved onto the Cargill facility in Batavia, which produces nutrients for dairy cattle throughout the Northeast, and finally they visited M&M Meats to learn about beef processing.

"For those of who are involved in it, it's pretty easy to lose track of and forget how big ag is and the fact that it is the number-one industry in the county, so it's great to get the folks who make decisions and impact what we do to understand what we do," said Keith Conway, chairman of the chamber's ag committee and store manager for Z&M in Oakfield.

Benjamin Flansburg, BCA.

Keith Conway

The list of problems with the current Batavia PD headquarters is long, but the price of doing anything about it is huge.

In the best case scenario, the city will need to spend $10 million on a solution.

Unless, of course, the option selected involves putting head in sand and hoping for the best. That option costs next to nothing, unless of course, the city is sued over some of the potential problems with the existing facility, or disaster strikes.

That's the summary of what members of the City Council heard Monday night from a group of consultants hired to create a police facilities feasibility study.

The consultants were Dominic Calgi, Calgi Construction; John Pepper, Rebanks, Pepper, Littlewood Architects; and, John Brice, Geddis Architects.

Their job -- work with city administration on evaluating three possible scenarios:

• Construct a new police headquarters from the ground up;
• Create a new police headquarters using an existing building;
• Renovate the existing headquarters at 10 W. Main St.

Monday, they presented scenarios for three new-build locations, a scenario for constructing a building with some shared space with the Sheriff's Office on Park Road, and two options for renovating 10 W. Main.

The most expensive option was an extensive rehabilitation and renovation of 10 W. Main, which could cost as much as $17 million. For $10 million, it might be possible to build a new headquarters on Park Road, but there are also a lot of unknown variables that could drive the cost up.

The first step in this process, if it moves forward, is for the City Council to appoint a community task force to study the options presented by the consultants and make a recommendation.

City Manager Jason Molino recommended a task force competely devoid of elected officials, city staff members or members of the law enforcement community. Instead, he recommended citizens from each ward, the school district and UMMC. (Clarification: also, business owners.)

His goal, he said, was to keep it non-political and help assure the public that nobody in the city was pushing a specific agenda.

Council members balked at the recommendation and instead appointed a subcommittee to study the proposed make up of the task force and come back to the full council with a recommendation.  

The council will discuss the proposal again Oct. 14 and if it decides to move forward with a task force, appoint it at its November business meeting.

That would give the city a month to advertise for participants and recommend a slate of task force members.

What are the problems with the existing headquarters, which is occupying space built in 1855 as a rich family's residence and was later used as City Hall?

• The building entrance is not secure, neither for police nor the public, nor arrestees;
• Interview rooms and holding cells are not isolated nor secure;
• Storage of weapons and gear is insufficient;
• Building egress is inadequate and not code complaint, and egress for patrol cars is insufficient;
• There is no separate entrance for youthful offenders, which violates state code;
• Building is not compliant with the Americans with Disabilities Act, which means even basic improvements such as upgrading the HVAC system can't take place (unless the city wants to ignore the ADA).
• Building infrastructure is outdated and in need of replacement (HVAC, water, plumbing, electricity);
• Hazardous materials exist;
• Installation of modern technology requires major renovation (again, triggering ADA compliance issues).

A renovation of the facility would be expensive, not just because of the remodeling expense, but it would also need to be expanded.

The option that would give the department the most space (top photo), with a garage and sally port for prisoner transport at ground level, would cost from $15 million to $17 million.

A less robust option, with a raised garage and sally port, would cost from $11 million to $12 million. For that price, the city could build at one of four other identified locations.

"When renovating an existing structure, it's never going to be good at meeting program requirements as new construction," Brice said. 

During the reconstruction project, the headquarters would need to find a temporary home. One location suggested is the former Robert Morris School.

56 Ellicott St.

This location is the former Santy Tire's location with existing businesses still using a portion of the building. Essentially, it's at the corner of Ellicott and Jackson, but the parcel would be expanded to stretch as far back as Evans Street.

Pros for the site include easy access to Downtown and it would be all new construction. The cons include potential environment issues. It's in a flood zone, so the building pad and parking lots would need to be elevated two feet, and it would compete with economic development plans for Ellicott Street.

The potential cost: $11.1 million to $11.9 million.

96-98 Jackson St.
The current Salvation Army location.

Pros, again, easy access to Downtown. Cons include the purchase price and existing structure torn down, and it's still in a flood zone.

The potential cost: $11.6 million to $12.5 million

165 Evans St., Batavia
The property is next to Falleti Ice Arena.

Pros include the fact the city already owns much of the property.

The cons include, again, the flood area issue, and it's somewhat of a constricted lot for access. Chief Shawn Heubusch pointed out that it would increase emergency vehicle traffic in front of the ice area and it's somewhat removed from Downtown.

The potential cost: $11.4 million to $12.3 million.

Park Road

City Manager Jason Molino said this option, as part of the study, was looked at very seriously, but the idea isn't without problems.

There is less overlap between police functions with the Sheriff's Office than one might assume. For one thing, since the police patrol the city, Heubusch said, they do their reports and interview subjects at the station; whereas, deputies typically do all of their interviews and paperwork in the field.  

The Sheriff's Office doesn't have enough space to share locker rooms, and separate locker rooms would make a shared briefing room less practical. The departments can't share storage because of the need to protect chain-of-custody on criminal evidence.

"It's possible with a lot more thought and investigation between the two units, you could increase the amount of shared space, but it's not built that way now," Brice said. "You might save some space by finding ways to share space, but you wind up renovating more."

The potential cost: $9.9 million to $10.6 million, but maybe more after further study.

For the full study, click here.

The Batavia Boosters host their annual Hall of Fame dinner Saturday at Terry Hills.

Here are the images of the plaques for each honoree.

For more on the dinner and ticket information, click here.

A pedestrian has been hit by a car in the area of 224 Ross St., Batavia.

There are injuries. No indication yet how serious.

City fire and Mercy EMS dispatched.

UPDATE 3:57 p.m.: A person was transported to UMMC. There was an unrelated accident at 138 Ross Street shortly after this call. It was a property damage hit-and-run with the suspect vehicle last seen northbound but no description was provided.

Stephen Michael Esposito, 25, of Folsomdale Road, Cowlesville, is charged with criminal possession of stolen property, 4th, and falsifying business records. Esposito allegedly stole a Spectra Precision Model 412 Laser from his employer in Stafford and then pawned it in Batavia, signing a document at the time stating he owned the property.

Robert W. Plantiko Jr., 29, of Thorpe Street, Batavia, is charged with burglary, 1st, robbery, 1st, menacing, 2nd, assault, 3rd, and criminal mischief. Plantiko was arrested on a warrant stemming from an alleged incident Sept. 5 at 105 Watson St., Batavia. Plantiko was jailed without bail. Plantiko was also charged with harassment, 2nd, for allegedly punching another person during an alleged altercation at 7:09 p.m. Thursday at a residence on Ellicott Street, Batavia.

A 16-year-old resident of Roanoke Road, Pavilion, is charged with obstructing governmental administration and hindering prosecution, 2nd. The youth is accused of not allowing police into a residence on Thorpe Street at 10:06 p.m., Friday, when police showed up with a felony arrest warrant for Robert Plantiko. The youth was observed by Officer Frank Klimjack allegedly trying to hide Plantiko inside a kitchen cupboard.

Samuel Gene Coughlin Jr., 18, of Pratt Road, Batavia, is charged with unlawful possession of marijuana. Coughlin was charged after police were dispatched at 2:53 a.m. Thursday to the parking lot on Jefferson Square on a suspicious condition complaint. A 17-year-old resident of West Main Street Road, Batavia, was also charged.

Aaron L. Klein, 43, of Harvester Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation, 1st. Klein was arrested following an investigation by Officer Marc Lawrence into a property damage accident reported at 2:57 p.m. Sunday at 34 Clinton St., Batavia.

Bobby L. Mobley Jr., 29, of Bank Street, Batavia, is charged with criminal possession of marijuana over eight ounces. Mobley turned himself in on an alleged incident from Sept. 14. He was allegedly found in possession of more than eight ounces of marijuana during a traffic stop on Jackson Street.

Maleak Hakeem Green, 21, of South Main Street, Batavia, is charged with failure to obey a court order. Green allegedly violated a court order of protection.

David W. Zengulis, 51, of Ellicott Street, Batavia, is charged with DWI and driving with a BAC of .18 or greater. Zengulis was stopped at 9:06 a.m. Friday on Ellicott Street, Batavia, by Officer Frank Klimjack. Zengulis submitted to a breath test and allegedly registered a BAC of .30.

Mckayla J. Kosiorek, 20, of South Jackson Street, Batavia, was arrested on a warrant. Kosiorek was located at an address on Hutchins Street while police investigated an unrelated matter. Kosiorek was allegedly found to have a warrant for failure to appear.

Mark T. Zdrejewski, 61, of Meyer Road, North Tonawanda, is charged with four counts of issuing a bad check. Zdrejewski allegedly issued bad checks to a local business. He was arrested on a warrant.

Ty’ree D. Winkfield, 16 of Washington Avenue, Albion, is charged with criminal possession of stolen property, 3rd, a Class D felony, and unlawful possession of marijuana. Winfield was stopped by Le Roy PD for an alleged traffic violation. Upon investigation, it was determined the vehicle he was driving was allegedly stolen from Albion. Winkfield was released under supervision of Genesee Justice.

Charles F. Chidsey, 28, of Clay Street, Le Roy, is charged with unlawful possession of marijuana. Chidsey was arrested following a complaint of loud music.

Brian Wilson Herke, 29, of Townline Road, Byron, is charged with DWI, driving with a BAC of .18 or greater and drinking alcohol in a motor vehicle. Herke was stopped at 11:24 p.m. Sunday on Townline Road, Byron, by Deputy Joseph Corona.

Shannon M. Malone, 42, of Route 98 Road, Varysburg, is charged with petit larceny. Malone is accused of shoplifting at Walmart.

Arthur Wayne Adner, 66, of Cobblestone Court, Holley, is charged with possession or transport or offer for sale of unstamped cigarettes. Adner was stopped at 11:26 a.m. Sept. 16 on Judge Road, Alabama, by Deputy Joseph Corona. Adner allegedly possessed 1,800 untaxed cigarettes.

Mitchell Andrew Cummings, 23, of Byron Road, Batavia, is charged with unlawful possession of marijuana and a seat belt violation. Cummings was stopped at 11:43 p.m. Friday on Byron Holley Road, Byron, by Deputy Joseph Corona for allegedly driving without a seat belt.

Amanda Rose McDonald-Mruczek, 32, of Pringle Avenue, Batavia, was arrested on a warrant for an attempted petit larceny charge. McDonald-Mruczek was arrested following an appearance in City Court for alleged failure to appear on an attempted petit larceny charge. She was jailed on $250.

Timothy S. Spiotta, 46, of Oakfield, is charged with DWI, driving with a BAC of .08 or greater and speeding. Spiotta was stopped at 9:20 p.m. Wednesday on Farnsworth Avenue, Oakfield, by State Police.

Roger W. Little, 47, of Byron, is charged with criminal mischief and harassment. Little was arrested by State Police. No further details released.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Wednesday Sept. 24 from approximately 9 a.m. to 3 p.m. in the general area north of East Main Street and east of Bank Street. Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored.

Over the weekend, firefighters from seven counties in New York, including departments in Genesee County, were in Le Roy for a training class on rescusing people from accidents involving large vehicles.

The Heavy Metal Extrication Class was organized by Tim Hogle, an assistant chief with the Le Roy Fire Department.

"As you can see from some of the scenarios, if something tips over, they're learning what they need to do and what they need to use to get people out of the cars," Hogle said.

On Friday, participants sat through a full day of classroom instruction. On Saturday and Sunday, they were on site at Ron Coniber's shop on Randall Road dealing with rescue situations involving tractor-trailers, box cars, dump trucks, tow trucks and buses.

Locally, firefighters from Stafford, Le Roy, Town of Batavia and City of Batavia participated. Other firefighters came from as far away as Ithaca and Watertown.

"With all the highways that come thorugh Genesee County, from the Thruway to Route 19 to the 490, all of them, we have a lot of commercial traffic coming through here and sooner or later we're going have an accident," Hogle said. "We're going to need to be able to work together throughout the county, using the resources each department has, for a rescue."

If this sort of thing interests you, become a volunteer firefighter. Visit ReadyGenesee.com.

Jane Read and Anne Marie Starowitz were at Holland Land Office Museum on Saturday morning setting up a new exhibition about the history of local shoemaker p.w. minor. 

The grand opening of the display is Oct. 2.

Employees and retirees of p.w. minor are invited to a preview at 3 p.m. The public is invited to a ribbon cutting at 6:30 p.m.

Many of the items in the display were provided on loan from The new p.w. minor.

The Landmark Society of Genesee County gathered at GO ART! in Batavia on Saturday night to hand out its annual awards.

Winners: 

• Dr. Ronald R. Reed, Reed Eye Associates -- Batavia Adaptive Re-use
• Ben and Joyce Davis -- Outstanding Exterior Paint Treatment
• Batavia Downs Gaming/WROTB -- Outstanding Signage
• Patricia Smith -- Renovation
• Amy Burns -- Tender Loving Care
• Sharon Johnson Home -- Tender Loving Care

Photos by Amanda Earl.