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Young female rescued from Oatka Creek

By Billie Owens

A young female in Le Roy who fell into Oatka Creek about 10 or 15 minutes ago, was rescued and medics are at her home on Myrtle Street to get parental permission for treatment. Le Roy fire and rescue were initially called to Trigon Park.

UPDATE 4:51 p.m.: Responders are back in service.

John Gardner Conference attracts scholars and fans from far and wide

By Howard B. Owens

This item was submitted by Byron Hoot, from Wexford, Pa., who has made a couple of trips to Batavia in the past year in connection with his appreciation of John Gardner, including this past Saturday's John Gardner Conference at GCC.

“The letter killeth, but the spirit giveth life.” So began the first presenter for the 15th Annual John Gardner Conference hosted by Genesee Community College organized by Tracey Ford and Charley Boyd of GCC, coordinated by Sandy Hortdahl of Northeast State, Tennessee. 

It was “the spirit (that) giveth life” throughout the conference. The spirit of Gardner was alive and well among the conference attendees, who came from across New York state, Pennsylvania, Maryland, Massachusetts, and Rhode Island. 

Presenters spoke on a wide range of topics, from Paul Johnston’s “Taggart Hodge, Antinomian” to John and Helen Maier’s reading of “The Miller’s Tale” in Chaucer’s Middle English, to Denise Divins’ probing look at the archetypical world of Grendel. In addition, there was Bette Smith’s excellent performance of Gardner’s one-act play, Days of Vengeance, and Jennifer Duncan’s talk of Gardner’s influence on her own writing. 

Attendees had a chance to examine some of the original Gardner materials housed at GCC and overseen by librarian Phyllis Andrews. Finally, as a visual coda, there was a screening of "The Sunlight Man," a documentary made by Gardner’s son, Joel. As important as the ideas and insights, the presence of Gardner’s brother Jim and his wife, Wanda, added the personal touch of stories from family members who loved and love Gardner still.

A pilgrimage to the Pok-a-Dot for lunch gave conference attendees added time to socialize. A hidden gem, Genesee Community College deserves much credit for keeping alive the spirit of an important American writer. This is a pilgrimage well worth making.

GCEDC reschedules COR public hearing to accommodate requests for evening meeting

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) announced today that the public hearing on the COR Development project application, originally scheduled for Tuesday, April 23rd at 4 p.m., has been rescheduled to April 30th at 7 p.m. to accommodate requests for the meeting to be conducted outside of normal business/working hours.

“The GCEDC strives to be a transparent and accommodating agency so when we get these types of requests we do everything we can to honor them,” said Charlie Cook, GCEDC board chairman. “It’s evident that this project has generated quite a bit of interest so we want to make sure that the community has the opportunity to learn more about the project and have their voices heard.” 

At the meeting, the GCEDC will provide a comprehensive overview of the project – including the benefits COR Development is applying for to develop the vacant Lowe's building – as well as a full disclosure of the fiscal and economic impacts the Batavia Towne Center has had on the surrounding community since it came to fruition. Following the presentation, the hearing will be open for public comment; the GCEDC also will read any written comments received by the agency prior to the public hearing.

Written comments can be sent to the GCEDC’s Marketing and Communications Director, Rachael Tabelski at Genesee County Economic Development Center, 99 MedTech Drive, Suite 106, Batavia, NY 14020.  Written comments must contain the individual’s contact information, including address and phone number, and should indicate if he or she would like the comment read at the hearing. All comments and public hearing testimony will be reviewed by the GCEDC board prior to a vote on the COR Development application for support.

Clerks return, trustees get down to business, but a couple of conflicts persist in Corfu

By Howard B. Owens

It was pretty much back to business as usual Monday night in the Village of Corfu, which should be good news for residents concerned about the possible loss of the village clerk and assistant.

Sandra Thomas, the village clerk/treasurer and Denise Beal, assistant, returned to work Monday, following a week of turmoil sparked by an incident between the two employees and Mayor Ralph Peterson.

Thomas had no statement about her return to work, but smiled and said yes when asked if she was glad to be back.

In a budget meeting Monday, the trustees got down to business and, compared to a board meeting a week ago, there was much less rancor and a greater focus on getting work done.

The current budget proposal -- which is still in draft -- would raise the village property tax rate from $2.19 $2.97 per thousand to $4.20 per thousand.

A public hearing on the proposed budget is scheduled for 6:30 p.m., Thursday.

The meeting opened with a presentation by Mark Masse, VP of operations for GCEDC. Earlier this year, Masse learned that a new grant became available through the USDA's Office of Rural Development for certain types of job creation projects.

The planned expansion of the village sewer treatment plant in conjunction with the Town of Pembroke is a qualifying project.

The expansion at cheese maker Yancey's Fancy depends on the sewer project, Masse said.

"We really need the sewer project," Masse said.

The board approved applying for the $99,999 grant ($1 less than $100,000, Masse said, because the scoring of the application goes down with that additional dollar).

The section of the budget discussed was the Village Court.

Newly elected village justice David O'Connor (top photo) made it clear right away he wasn't happy with Peterson's proposal to eliminate the full-time court clerk position and replace it with two part-time positions.

"With the case load we have, we should have one full-time and one part-time clerk," O'Connor said. "The paperwork with one traffic ticket is about an inch high and if you don't get it right, it's not fair to the people and guess who it all falls on? Me."

The Pembroke Town Court has two full-time clerks to handle 3,400 cases a year. Corfu's case load is 2,600.

O'Connor praised current clerk Pam Yasses and said she is doing an outstanding job of handling court business by herself.

Yasses said there is minimal need for a part-time clerk, but she would like to have help on court night.

At the request of O'Connor, Peterson reappointed Yasses as clerk. If the budget is approved, the position will be full time.

Some residents questioned and pushed back on the idea that O'Connor will only be paid $15,000 this year when last year the justice was paid $17,000.

O'Connor said several times, "I'm OK with $15,000."

During the discussion, Yasses noted that in 2011, the last year Brandi Watts served as clerk, the court collected $221,144, while in 2012, the first full year Yasses handled court duties, ticket fines jumped to $309,726.

Watts is the daughter of former justice Robert Alexander.

A comptroller's audit alleges that at least $10,000 was missing in 2011 from the court's treasury, but some village residents fear the number could be higher.

There was also concern, noted in the comptroller's audit, that Watts often wasn't in the office when people came in to pay traffic fines.

A special prosecutor is now overseeing the State Police investigation into the alleged missing funds.

Perhaps the most contentious issue of the evening had to do with the police department and how administrator Jim Meier is scheduling work hours for all of his part-time officers.

Recently, part-time officer Gene Nati has complained that the officers hired through the civil service process (competitive hires) are being given almost no hours, while non-competitive hires are being given, in some cases, more than 19.5 hours per week.

Nati brought the issue to the attention of Karen Marchese, HR director for Genesee County, complaining that civil service law prevents non-competitive employees from working more than 19.5 hours a week when there are competitive employees on staff.

Marchese wrote a letter to Peterson on April 10 informing him that working non-competitive staff more than 19.5 hours a week is a violation of the civil service law.

At a meeting on April 10, Nati demanded the mayor enforce the language of the letter immediately, requiring Meier to start scheduling more hours for competitive employees.

"Karen Marchese may have some ax to grind against the village," Meier said.

Peterson gave Meier until Monday (yesterday) to bring forward information that would back his position.

According to Peterson, he spoke with Marchese yesterday (she reportedly retired Friday), and Marchese stood by her letter of April 10. (UPDATE: County Manager Jay Gsell said this morning that Marchese's last day was yesterday.)

"I would like us to come into compliance," Peterson said. "In my position, I'm the one who got the formal letter saying we're not in compliance. It's my name on the letter. I would like to be in compliance until it's resolved."

Meier asked for more time, saying Marchese did not return his calls all last week and other people who can help provide information that will back his position have not returned his calls.

He said if he starts scheduling competitive employees for more hours, and the non-competitive can't work more than 19.5, the village will be left without police protection at times, because the competitive employees often call in sick.

County officials have been aware of what Corfu has been doing for a long time, Meier said, and nobody at the county raised a red flag until this month.

"The fact is, we've been scheduling non-competitive employees for more than 19.5 hours a week for four years and it hasn't been an issue until a lone person went to Karen Marchese last week and complained," Meier said.

Trustee Art Ianni expressed concern that this issue was being used to undermine the authority of the police administrator.

In the end, Peterson agreed to give Meier until May 1 to either get another opinion the village can rely on or change his scheduling practices to comply with Marchese's opinion of civil service law.

Report of 'unknown type fire' near Pizza Hut, East Main, Batavia

By Howard B. Owens

City fire is being dispatched to Pizza Hut, 412 E. Main St., Batavia, for an "unknown type fire on the ground."

It might be a mulch or hedge fire next to the building.

UPDATE 8:33  a.m.: Engine 11 on scene. Nothing showing. Investigating.

UPDATE 8:37 a.m.: Somebody was burning some weeds off using gasoline. City fire is back in service.

DOT apparently means to rain on your community's parade

By Howard B. Owens

Nearly every city, village, town and even most hamlets in Upstate New York hold at least one parade a year.

It might be for Memorial Day or some local observance or festival, but parades in the state's rural counties are as common as apples and corn.

New Department of Transportation rules could doom one of the state's last vestiges of public Americana.

Legislator Shelly Stein informed the Public Service Committee today of a proposed new law that would require parade organizers to file a five-page application, pay hefty deposits and jump through dozens of bureaucratic hoops to get permission for a parade on a state highway.

For example, the Oakta Festival Parade, which Stein chairs, takes place on Route 5 every year. The City's parades for Memorial Day and St. Joe's Penny Carnival are also on Route 5. Oakfield's Labor Day Parade is on Route 63. Byron's parade is on Route 262. In Bergen, the parade crosses Route 19.

"This has always been a municipality's prerogative," noted Legislator Marianne Clattenburg, a former City of Batavia council member. "Every time a parade or festival took place, it always got approval through the city and the council voted. So why is this now being taken out of local control?"

Stein and other legislators suspect it's about money. The new law requires a deposit sufficient to cover any potential damage to state property, which the state will fix and deduct from the deposit.

It could just be bureaucracy.

The list of new requirements include:

  • Demonstrate that a licensed traffic engineer has reviewed the operation and safety plan;
  • Identify every location and every way where participants will violate normal traffic laws;
  • Show how the event will affect normal traffic and how measures taken to minimize conflicts;
  • Identify all temporary traffic control devices that will be placed in the highway;
  • Demonstrate that there is a plan for addressing injured participants;
  • Demonstrate that the owners of facilities used by the event have been contacted and agree with the use;
  • Prepare an event map that shows start and finish lines, show direction of event, show all intersections, show railroad crossings, show jurisdictional boundaries and show facilities being used (roads, parks, schools, parking lots, etc.);
  • Write a detailed description of the event;
  • List all existing traffic control signs;
  • Prepare sketches of all locations that require additional traffic control devices;
  • Show on a map all locations of traffic control personnel;
  • Provide a map of detours with a drawing of proposed detour signs;
  • Detail pre-event public notifications;
  • Describe pre-event coordination with local police or state police and other agencies;
  • and, describe event-day communications systems.

The changes also apply to 5K races, bike races and other public events that use state highways.

The proposed changes are not law yet. Currently, the DOT is accepting public comment on the proposed new rules. The DOT can be contacted at NYSDOT Main Office, 50 Wolf Road, Albany, NY 12232.

Stein shared a comment about the proposed changes by Sen. Mike Ranzenhofer. She said, Ranzenhofer told her, "I really don't see this going too far because we all walk in parades."

But, Stein said, without public feedback, the new law could go into effect, making it much harder for local communities to host their traditional parades and other public events.

Deputies handle more felony cases in first quarter of 2013, Sheriff reports

By Howard B. Owens

In the first quarter of 2013, felony investigations in Genesee County have increased 71 percent over the same period in 2012, according to Sheriff Gary Maha.

Maha delivered a report today to the Legislature's Public Service Committee.

The increase (52 cases up to 89) seems to be the result of more burglary and grand larceny reports.

There have also been more sex-related criminal reports.

For the office of investigations, there's also been a significant increase in pistol license background checks.

For the Local Drug Enforcement Task Force, the most prevalent drugs seen locally are cocaine and marijuana, but there has also been an ongoing increase in the possession and sale of prescription medications, particular hydrocodone and OxyContin.

For road patrol, deputies responded to 7,032 incidents during the quarter. That's a 10-percent hike over 2012.

However, 9-1-1 calls dropped 11 percent year-over-year to 6,033.

Non-9-1-1 calls are up 10 percent to 30,472.

At the same time, the jail population has dropped from an average of 76 inmates to 72, though the female population has increased from 12 to 15.

The Sheriff expects the Commission of Correction to recommend adding seven corrections officers (which includes two supervisor positions).

More female inmates, since they must be housed at facilities in neighboring counties, could add $150,000 in expenses.

Genesee Justice currently has a caseload of 594. There were 203 new case files opened in the first quarter, compared to 214 a year ago.

The Child Advocacy Center handled 65 new cases, compared to 57 a year ago.

For Sheriff's Office administration, the Sheriff continues to work on fundraising for a new K-9. The villages of Bergen and Oakfield renewed their patrol contracts.

Maha anticipates a need for more seasonal deptuties to handle the Darien Lake concert series.  Last year, there were 10 positions. He's requesting 15. Darien Lake reimburses the county for the cost of these positions.

Sponsored Post: Matteo & Mullen Thanks The Community!

By Lisa Ace

THANK YOU BATAVIA!

Thank you for being a great community to live in and do business in. And thanks to all those who help us to better serve our clients. 

If not for the great service of the Post Office, the banks, the brokers and the attorneys who help us with our clients, and the police who watch out for us late at night, and the DPW for treating our street like their street, and the restaurants for keeping us fed and smiling, and our business neighbors for helping and caring, we wouldn’t be successful.

Especially, thank you to each and every client for allowing us to serve you.

Batavia is a GREAT place to live and work.

We are proud to be Batavians!

Matteo & Mullen CPAs

Thomas D. Matteo & Jeffrey R. Mullen

Genesee County Libertarian Committee holds first meet-and-greet fundraiser

By Dave Olsen

Genesee County Libertarian Committee held its first meet-and-greet fundraiser over the weekend and it was a huge success.

“Saturday night's Celebrate Liberty Night event was a great success! Not only did we raise money, but we had the pleasure of meeting many new people that will become new members!” says Phil Ricci, county chairman.

“It goes to show that anywhere you find the will to achieve something, you will find achievement! I would personally like to thank all of the members of the Membership Committee, their chair, Bob Brown, and everyone of you that added to the experience!”

Approximately 70 people were in attendance at the event which was held at Batavia Downs Casino. A great dinner and excellent service accompanied the fun casino atmosphere and social vibe of the Grandstands Bar. A basket raffle was held also with 14 baskets donated by members and supporters. Thanks to all who attended and supported the local liberty movement.

Do you think these four people know how you should live your life?

Neither do they, that's why they are Libertarians.

Genesee County Libertarian Committee Board:

 L to R: Dave Olsen, vice-chair; Jim Rosenbeck, secretary; Phil Ricci, county chair; Chelsea O'Brien, treasurer

What is a Libertarian? A Libertarian is someone who holds the rights of individuals as paramount, and seeks to minimize the role of government wherever possible.

Most Libertarians start out from one of three reference points, and then discover that all three are inseparable: Personal liberty, economic liberty and non-intrusive government. Libertarianism (small letter “l”) is a political philosophy that places Liberty – the absence of government in personal choice – as its first principle. This was the bold American ideal, the noble purpose for which our nation was formed, the reason we prospered. It was radical at first, then mainstream, and is now radical again.

The Genesee County Libertarian Committee (soon to be Party) has three parts to its message: Education, Advocacy and Choice.

The GCLC is not a homogeneous group, nor seeks to be one by defining what is right for one or all of society. Further, we maintain that no government, political party, or any societal group ever has the right to impede those individual freedoms by legislation, blunt force, taxation, or other types of coercion. We are quite different from all other political parties. These differences make us lively debaters, and a most entertaining crowd to socialize with.

For more information we openly invite those who ‘lean libertarian’, or are just curious to like us on Facebook at https://www.facebook.com/GCLP.NY/info or e-mail at gclp.ny@gmail.com.

Photo: '30 Ford replica roadster at the Pok-A-Dot

By Howard B. Owens

Tom Hallock thought the weather good enough today -- the sun was out this morning -- to pull his '30 Ford roadster replica out of storage and take it for a drive. He stopped at the Pok-A-Dot for lunch. The car, originally from 1978, is built with an engine and interior out of a 1978 Ford Granada.

Speaking of the Dot, the famed diner's 60th Anniversary celebration is set for June 22, starting at 5 p.m. with live music.

Former Sheriff and community leader Doug Call passes

By Howard B. Owens

UPDATE: Doug Call's full obituary can be viewed by clicking here.

Doug Call, whose noteworthy contributions to the people of Genesee County could take pages to list, passed away Sunday.

Call, 73, was a Democrat who was elected Sheriff in a Republican county, an innovator who helped found Genesee Justice, a former Stafford Town Justice, a minister, a volunteer on numerous civic committees, a former public safety director in Monroe County and twice a candidate for Congress.

"He was just one of the finest human beings God has ever put breath into," said attorney Michael Del Plato, who worked in private practice with Call for more than 20 years. "He was an honest, principled man in all respects -- his approach to people and his approach to the law and his overriding spirituality.

Call grew up in Stafford and his longtime assistant Mary Kay Casey said Call's farming background combined with is legal training made Call a very "grassroots" person who believed people should be involved in their community.

"I think he truly cared about where he lived and where he came from," Casey said.

Call is survived by his wife, Donna, and children Christopher, Matthew and Courtney Kennedy as well as several grandchildren.

Funeral arrangements are being handled by H.E. Turner and details are not yet available.

Call's time in the military sent him to Germany and Turkey and he was a judge for the Judge Advocate General's Office.

In the late 1970s, one the biggest issues confronting Genesee County was whether to build a new jail. Call, like many taxpayers, was against the idea.

He, along with Glenn Morton and Charles Graney, envisioned a system where people accused of certain crimes could be supervised while awaiting trial.

Running for Sheriff on a platform that would solve the jail population problem and save taxpayers money, Call became one of the few Democrats in modern times to win a countywide seat in Genesee County.

"You can either be the last county in the nation to build a 90-bed maximum security jail, or you can be the first to try to keep people out of jail by holding offenders accountable," Call wrote in a letter to the editor prior to the election.

Call, working with Morton and Graney, secured grants to create Genesee Justice and hired Dennis Wittman to run the program. (See The Genesee Justice Story).

Near the end of his second term, Call took a job in Monroe County as director of public safety.  He relinquished his Sheriff's badge and recommended that Democratic Governor Mario Cuomo appoint Gary Maha, a Republican, to the position, which Cuomo did.

Maha remembers Call as a visionary.

He was the "father" of our current Genesee Justice Programs. Back then it was called "Community Service/Victim Assistance" and was primarily a tool for the judges to use (community service) rather than jail. The intent of the programs were to make the defendant accountable to the victim and community. The programs under Genesee Justice have expanded over the years. Doug also was the first in New York State to implement "DWI Checkpoints" and the protocols used by the Genesee County Sheriff's Office served as a model for other law enforcement agencies.

Besides running unsuccessfully for Congress after Barber Conable stepped down, Call also tried for a seat as Family Court judge. He did serve several terms as a Stafford Town Justice.

Call also served on committees related to the reconstruction of Dwyer Stadium and the hospital merger, plus other local committees and civic organizations.

"His contributes to the community and the organizations he volunteered for are innumerable," Del Plato said. "He was a man who gave his time and resources unselfishly for the better of his community and every organization he was involved in."

NOTE: We'll update this story when more information is released by Turner.

Task Force arrests alleged marijuana dealer

By Howard B. Owens

An investigation by members of the Local Drug Enforcement Task Force into alleged trafficking of marijuana in Batavia has led to the arrest of Vincent M. Eschenlauer, 22, of Lewiston Road, Batavia.

Agents allegedly found more than a pound of marijuana and $3,500 in cash at his residence.

Eschenlauer is charged with one count of criminal possession of marijuana, 2nd, a Class D felony.

Following arraignment, Eschenlauer was released under supervision of Genesee Justice.

Law and Order: Driver accused of giving false name to deputy

By Howard B. Owens

Joshua Tyler Gilbert, 20, of Lewiston Road, Batavia, is charged with disorderly conduct.  Gilbert was stopped at 8:20 p.m. Saturday on Route 77, Darien, by Deputy Joseph Corona for allegedly speeding. During the traffic stop, a warrant for Gilbert's arrest was discovered and he was taken into custody. Bail was set at $100.

Joseph Carl Jeffords, 22, of West Main Street, Le Roy, is charged with criminal impersonation, 2nd. Jeffords was reportedly the driver of a vehicle stopped at 11:24 p.m. Saturday on West Main Street Road, Batavia. Jeffords allegedly gave Deputy Patrick Reeves a false name during the traffic stop. Jeffords allegedly was driving without a valid NYS drivers license and has three suspensions. Jeffords was jailed on $1,000 bail.

Patrick Daniel Moore, 35, of Stouts Road, Elba, is charged with promoting prison contraband, 2nd. Moore allegedly possessed tobacco while confined at the Genesee County Jail.

Alexander Phillip Browne, 28, of Lake to Lake Road, Stanley, is charged with DWI, driving with a BAC of .08 or greater, speeding and refused pre-screen device. Browne was stopped at 12:46 a.m. Sunday on Route 5, Batavia, by Sgt. Thomas Sanfratello.

Richard Thomas Cooke, 44, of Hedley Street, Medina, is charged with petit larceny. Cooke is accused of stealing scrap from a location on West Main Street Road, Batavia. The property owner reportedly confronted Cooke. The suspect allegedly fled the scene in his pickup truck. Cooke was located later at his residence in Medina and taken into custody.

Two 17-year-old Batavia residents are charged with unlawful possession of marijuana. The two teens were located in a vehicle behind a shopping plaza on West Main Street, Batavia, by members of the Local Drug Task Force. A quantity of marijuana was allegedly spotted in the lap of one of the teens. Upon further investigation more marijuana was allegedly located in the vehicle.

Lisa Marie Harlach, 44, of Kelsey Road, lower, Batavia, is charged with harassment, 2nd. Harlach was arrested on a warrant for allegedly making verbal threats to kill or harm another person by use of a firearm.

Michael J. Penvose, 33, of 27 E. Main St., Le Roy, is charged with petit larceny. Penvose is accused of shoplifting from a business on West Avenue, Le Roy.

Woman accused of threatening deputy with knife plans to proceed in case with new attorney

By Howard B. Owens

A former Le Roy resident who is accused of holding a kitchen knife to the chest of a Sheriff's Deputy last summer is getting a new attorney to handle her criminal case.

Her case may also be consolidated with the case against her husband stemming from the same incident.

Elaina Mead is charged with attempted aggravated assault on a police officer, a Class C felony, menacing a police officer, a Class D felony, and obstructing governmental administration.

Her husband, Donald Mead is charged with assault, 2nd, a Class D felony, criminal possession of a weapon and obstructing governmental administration.

The charges stem from events June 17 at 21 Maple Ave., Le Roy, when Deputy Matthew Butler went to the Mead residence, along with Le Roy PD Officer Emily Clark, to question Michael Mead about an alleged violation of a court order. When Butler reportedly tried to place Michael Mead under arrest, his parents allegedly became involved in a scuffle with Butler and Clark.

Mead allegedly came out of the kitchen with a knife and according to the officers, held it against Butler's chest. Clark reportedly knocked it away and sustained a very minor cut on her hand in the process.

In January, the 43-year-old Elaina entered a guilty plea on an Alford basis, to attempted menacing of a police officer. She would not admit to the factual allegations, but an Alford plea affords a defendant a chance to avoid a jury trial when the evidence seems strong and possibly more time in prison if convicted.

Last month, Elaina Mead withdrew her guilty plea.

Both Elaina and Donald Mead return to court in 10 days for Elaina's new attorney to take over the case and for a possible consolidation of the two cases.

With the waterfowl migration in full swing, courting season begins in earnest.

By JIM NIGRO

Considered the most colorful of waterfowl, the drake wood duck is resplendant in iridescent shades of blue, green and purple. His prominent crest is easy to spot in this photo taken by Claudia.  

The wood duck is noted for nesting in tree cavities. Their young will leave the nest soon after hatching, which will require plummeting up to 50 feet through the air to reach the ground or water.

A monogamous species, this probably isn't the first breeding season for this pair of Canada geese. 

Local wetlands are a favorite stopover for migrating geese. Many find the area just the place to start a family.

Here's a thought....just maybe, could swimming alongside one another be the equivalent of holding hands?

Here's another thought.....is this guy the odd man out???

Letter from Bob Fussell regarding the Wiss Hotel building

By Howard B. Owens

Submitted by Bob Fussell:

It’s a mystery.

On 3-13-13 three trustees voted “no” to sell the Wiss Hotel to the Le Roy LLC for $10,000, and “yes” to pay a Grand Island demolition company $132,000 to destroy the building. The Board also paid almost $4,000 for an asbestos removal study, and will pay between $5,000 and $10,000 more to another company to monitor the air quality during the demolition, making a hit to the taxpayers of at least $151,000, and that’s only what they’ve committed to spend so far.

But it seems that only those three know why they cast those votes. (One of the “no” voters is a member of the Conservative Party, and another is a Republican - parties that say they strongly oppose spending taxpayer dollars.)

One of the three said, about his community, “we’ve gotten better” after other Village buildings were demolished. But, he didn’t tell us if Village taxpayer paid for those demolitions, or present any proof that Le Roy actually got “better” because of the demolitions.

Many Le Royans disagree with that trustee. They believe the demolition of those older buildings is, instead, directly related to our economic decline that’s been spiraling downward at an ever-increasing rate over the last 50 years. This decline, many believe, began decades ago when a mansion was demolished and replaced with what is now Save A Lot.

All three of the “no” voters said they gave the issue “a lot of thought” -- one claiming he “lost sleep over it.” Others claimed they spoke to a lot of “people” about the issue.

But what “people” did they talk to? And, what expertise and knowledge did these people have that convinced the three to vote to demolish?

Taxpayers don’t know the answers to those important questions because the three won’t answer them. (I specifically asked them and they refused to disclose the names of the people they spoke to, as if they were members of a secret club, instead of elected officials in a free and open democracy. I asked them to tell me who they spoke to, because all three admitted they aren’t experts in demolition or rehabilitation, so they had to get their knowledge and information from others.)

All three admit they “respect” the “hard work” done by the LLC. But, of course, that’s because the LLC earned their respect by doing much hard work, such as:

Hiring an outstanding architect to do a study to answer important questions, such as  - (1) Is the structure of the Wiss too far gone to save? And (2) Can the restored building be profitable for investors?

That architect, Rick Hauser, could be the best person in Western New York to answer those questions. He not only obtained a master's degree in architecture from one of the top three architectural schools in America, the University of Virginia, after graduating from Cornell, and teaching architecture at Hobart University, but also, most importantly, has rehabbed buildings that were in much worse condition than the Wiss, and did it in a way that revitalized communities.

Former Le Roy mayor Jim DeLoose said in a comment on The Batavian that, “Le Roy has a very low-median income …. What a developer is willing to spend in Le Roy is much different than what they’re willing to spend in Fairport where the median income is approximately 3 times that of Le Roy’s.” This is an admission that Le Roy has reached such a sorry state of financial decline, that we can’t stand up to Walgreens and get it to construct an architecturally appealing building in our community –the kind of pharmacy stronger communities would require it to build. Our squat WALGREENS building, with its huge, bright neon signs, tells potential newcomers that Le Roy is too weak and poor to have an attractive pharmacy and encourages people, who might otherwise want to live, and pay taxes in Le Roy, to move elsewhere. (I doubt that Fairport’s median income was 3 times that of Le Roy’s in the past. If so, why has Le Roy declined while Fairport prospered? Is it possible that Fairport is better managed than Le Roy?)

And despite what some Le Royans claim, Mr. Hauser doesn’t need the Wiss, or Le Roy, to make a fine living. He’s got plenty of work elsewhere. Unfortunately for Le Roy, we need Rick Hauser, much more that Rick Hauser needs Le Roy.

After conducting his study, Mr. Hauser answered "no" to the first question the LLC asked him and "yes" to the second, so the LLC moved forward in its attempt to save, not just the Wiss, but Le Roy itself.

The LLC then consulted four highly respected local contractors, to investigate the issue -- Joe Condidorio, of Whitney East, Jerry McCoullough, of Ryan, Bryan Colton, of Master Care, and Jim Sickles, of Sickles Corporation. All investigated and agreed the project was doable, and showed interest in the restoration project.

The LLC also prompted research into the question of the owner of the land where the Wiss is located and learned that the State owns part of it, and that once the Wiss is demolished the size of the portion of land left for the construction of a new building will be smaller.

When the LLC asked the architect and contractors what it would cost to rebuild the Wiss after it was demolished, they said it would cost much more because, even though the building is a filthy, moldy mess, the building’s “shell” is still intact, meaning the new (smaller) building would have to be rebuilt from scratch. One contractor said that about 25% of the rehab work is already completed, because the foundation, and the rest of its shell are sound and straight.

One of the three “no” voters said he hopes the community can “respect” their decisions.

But respect is earned, and it takes more than just “thinking” and “talking” to unnamed “people” to earn the respect of the taxpayers – those who will ultimately pay the upcoming huge bills.

Maybe if the three would give us details of the “work” they performed before deciding to cast their “no” votes, they might earn respect.

Maybe if they told us, for example –

  • What studies they relied upon when making their decision? (The Village engineers did a study, but that study doesn’t help them, because it concluded the building can be restored.)
  • The names of the “people” they talked to?
  • The backgrounds these “people” have in building restoration and/or community revitalization?
  • The studies these “people” conducted on the Wiss building, or on the economic condition of Le Roy?
  • The biases or prejudices these “people” might have about the restoration plan?
  • Any agendas any of these “people” might have that led them to hope to make sweet profits for themselves after taxpayers pick up the demolition tab for them?
  • Any facts showing these “people” had no confidence in Le Royans to restore the Wiss. “People” who believe Le Royans aren’t smart, driven or community-minded enough to take care of themselves or their community. ”People” who instead, hope a “Big Brother” corporate power from far away will save us. (“Corporations, who, of course, care only about enriching themselves while impoverishing us -- that is by whisking money out of local pockets and slipping it into their faraway pockets.)

Just think –What if the three “no” voters worked for an independent businessman (instead of the taxpayers of our community) whose building was in serious need of repair and had the choice of accepting an offer to sell it for $10,000 or spending a bare minimum of $151,000, to demolish it. And this boss trusted the three to study the question, and to make the right decision. And what if the three came back to him several months later reporting only that they had, “thought about it to the point of losing sleep” and had talked to a lot of “people” and that based on this thinking and talking they rejected the offer to sell, and signed a contract to pay $141,000 of the boss’s money to destroy the building. And when the boss asked the three to tell him the names and qualifications of the people they spoke to before making their decision, the three refused, claiming the names were confidential. How, do you think that boss would react?

In this case, we taxpayers are the bosses of those three. What should we do with them?

It’s great that Le Royans are very concerned about their History.
But, don’t you think it's time we get as involved in our future as we are in our past?

Photos: Chamber presents 2012 awards

By Howard B. Owens

The Genesee County Chamber of Commerce held a gala at the Clarion Hotel this evening to honor its 2012 award winners.

Above, Barb Toal accepts an award on behalf of Friends of the Batavia Peace Garden.

Jim Neider accepting his Genesean of the Year Award.

The award winners, Lois Gerace, Jim Neider, Jeremy Liles, Tim Call, Karen Green, Carol Grasso and Barb Toal.

Below, our stories about the winners:

To purchase prints of these photos, click here.

LCCP's first dodge ball tournament draws eight teams

By Howard B. Owens

Le Roy Christian Community Project hosted its first ever dodge ball tournament today at the former Holy Family School in Le Roy.

The event drew eight teams and raised more than $1,000 to benefit LCCP.

The winning team was Squad Grey, manned by Bobby Humphrey, Greg Humphrey, Ian Humphrey, Mike Humphrey, Quentin Humphrey, Brian Humphrey and Jim Burns.

To purchase prints of these photos, click here.

Top Items on Batavia's List

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