New York Times: Budget Impasse Signals a Shift in G.O.P.’s Focus

Today was the third annual Bridal Show at Terry Hills. Unfortunately, I got there later in the afternoon and most of the big crowd that had been there when the doors opened had moved on, but organizers said the show was a another big success.  Above, models showing off gowns from Stella's Bridal Boutique in Le Roy.

It wouldn't be a stretch to say that Sgt. John Peck, during his 25 years with the Batavia PD, has been a lifesaver.

He never fired his service weapon, and on several occasions he talked people out of jumping off roofs or into dropping a knife or gun.

He's been one of the department's hostage negotiators.

He got the job, he said, because, "I kind of had the gift of gab."

Perhaps the most stressful negotiation came near the end of his career, in November, when a resident of a boarding house on State Street fired a .357 Magnum inside his apartment.

Peck was the first officer in the building. When he got to the top of the stairs, Dennis G. Wolfe was allegedly in his doorway with his gun.

For the next 15 minutes, Peck talked. It helped, he said, that he already knew Wolfe.

Both men had guns. There were five police officers in the foyer. It was, to say the least, a tense situation.

When Peck saw a tear, he knew he had turned a corner in the negotiation.

It's always that way, Peck said. You never think you're not going to be able to talk a person away from the brink of disaster.

"Your adrenaline gets going and you get really focused and you don’t even think of not resolving it," Peck said, adding later, "You kind of tell which direction it's going, but you never feel like you're not going to to be successful."

Peck's last day on the force was Saturday.

In retirement, Peck will get a few more tattoos, ride his motorcycle when the weather warms up, and maybe get a part-time job that has nothing to do with law enforcement.

He plans to stay in Batavia, where his wife of eight years, Jennifer, and two adult children, Ryan and Ashley, live.

After growing up in Fairport and going to college, he  started his career working part time in the Livingston County Jail.

"When you're a young guy, you don't want to spend your time in the jail," Peck said. "You want to be on road patrol."

Soon, he took a police officer's job in Geneseo. Two years later, better benefits and pay lured him to Batavia.

Working in a small city appealed to Peck, he said, because while you get a good variety of calls, serious crime is still rare.

"It's not like you have homicides every day, like in, say, Rochester," Peck said.

There's been plenty of opportunity to talk with people, get to know people and work with people, Peck said, which is his favorite part of police work.

He also likes solving problems.

"When you get a complaint, you look at it like a puzzle, putting the pieces together and resolving an issue," Peck said.

In 25 years in Batavia, though, a lot has changed, though, Peck said.

There are more calls for service, more people causing more problems and a shrinking police force to deal with the call volume.

Peck's advice for the new guys: "Stick together" and learn to prioritize.

The new officers must cope with the demands of a changing Batavia, Peck said, plus they have to deal with a changing department structure (eliminating the lieutenant position, for example) and a less generous retirement package.

"They need to stick together as a group and face the challenges," Peck said.

The biggest difference Peck has noticed in Batavia, he said, is the public's attitude toward law enforcement.

"I don't see as much support for the police over the years," Peck said. "I think a lot has changed as far as respect, especially from a lot of younger people. You just don’t see the respect and you have to come to terms with that and learn to deal with it."

The Stafford Volunteer Fire Department held its annual awards and installation dinner Saturday night at the Clarion Hotel.

Firefighter of the Year was Stephen Johnson (left).

Also receiving awards were Tim Eckdahl, Chiefs Award, and Stephanie Call, Special Recognition. Eli Dawson had the most fire/rescue training hours and Bob Mattice had the most EMS training hours.

The top 10 responders for 2012 were Tim Eckdahl, Eli Dawson, Don Hall, Tom Snyder, Stephen Johnson, Dave Rumsey, Ryan Lokken, Chris Bobo, Jamie Call
and Mike McDonald.

John Woodworth Sr., received a 50-year Service Award.

During 2012, Stafford responded to 213 calls. Those calls were 159 rescue calls (including motor-vehicle accidents), 14 fires, 11 calls for service, 12 hazardous conditions, 10 good intentions and seven false alarms. Those calls added up to 942 man hours.

Department members completed 2,238 training hours, which was fourth highest among the departments in the county.

To purchase prints of the photos, click here.

The Blue Devils started a little flat in their first-round match of Section V playoffs at Batavia High School on Saturday, going a few minutes into the first quarter before scoring.

Defense and poor ball handling by Waterloo, who came into the game seeded #8 with a season record of 5-13, kept the game notched at 0-0 for more than three minutes.

Batavia would find their range, though, and finish out the first quarter with a 13-2 lead on their way to a 60-37 victory.

Justin Washington led all scorers with 19 points and crossed the 1,000-career-point milestone.

"It’s hard to keep these guys motivated (playing a #8 seed) and keep the good habits you try to build," said Head Coach Buddy Brasky. "I thought we did a fairly good job for most of that game, staying within our defensive principles. That was the whole big concern for me, you know, not to start reaching, going for steals. We want to play solid defensively. That’s what’s going to lead us to the sectional title."

Jalen Smith, a key spark for Batavia's offense, hadn't touched a basketball in a week, Braskey said. He hadn't been out of bed in four days. Half the team, he said, has been sick most of the week, which explains as much about the slow start as playing the #8 seed.

"That was part of it, too," Brasky said. "We’ve really been battling this flu since last Saturday."

After Washington scored his 1,000th point in the fourth quarter, announcer Wayne Fuller stopped the game for the announcement and Washington's teammates and coaches congratulated him on the achievement.

"It means a lot to me," Washington said. "It’s something to talk about my whole varsity career. After Andrew (Hoy) did it, I wanted to do it."

Washington has been a pleasure to coach through his four seasons as a varsity starter, Brasky said.

"He’s been a really nice kid to have in our program and I’m really happy for him," Brasky said.

Next up for Batavia, a semi-final match against #5 seed Livonia, 8:15 p.m., Tuesday, at RIT.

Also, last night, Le Roy's boys fell to #1 seed Hornel, 62-42. Scoring for Le Roy: Marcus Mistersaro 7; Zach Moore 11; Nate Piazza 6; Le Roy finishes the year 6-13.

The other big Section V boys basketball game this week: #1 seed Notre Dame (19-0) vs. #5 Avon (13-7), 7 p.m., at Cal-Mum.

In girls Section V playoff action:

• Batavia plays PalMac, 6 p.m., Monday, at Pittsford-Sutherland
• Elba and Notre Dame square off at 8 p.m., Tuesday, at Dansville

Coverage Note: We're not completely settled on what we'll cover yet. On Monday night, at most we can cover one game because I'll be at the Batavia City Council meeting. On Tuesday, Nick Sabato will cover Batavia and I'll cover Elba/Notre Dame.

To purchase prints of these photos, click here.

Letter to the Editor:  I have been asked to weigh in on The Wiss Hotel’s future by a member of the Le Roy, NY LLC, who wants to renovate The Wiss for high-end apartments, and storefronts. First, I want everyone to know that I am not an investor in the LLC. I have no interest in the property upon which The Wiss sits if it’s torn down. My interest is that of every property owner in the Village of Le Roy who may be faced with having taxes we paid used to tear down The Wiss. 

The Village Taxpayers -- Actually, the future of The Wiss itself is of little or no importance to me. My concern is that the Village trustees have voted 3-2 to seek bids to demolish the building. Some people in Le Roy may think it’s about time, but how many of us are taking the time to realize that this could cost Village property taxpayers between $148,000 and $250,000 to accomplish? And these numbers were estimated prior to an asbestos removal study which would likely increase the cost. The answer I’ve gotten from one Village trustee is that the Village has the money that we’ve paid previously in taxes to accomplish tearing down The Wiss. 

Is The Wiss Property Worth More As A Lot Given the Cost to Village Taxpayers? -- My question I posed to the Village Board in January was why would the Village taxpayers pay to tear down The Wiss? Some of the trustees apparently see that the property will be worth more with The Wiss gone than it is now. I think this is an unfounded assumption. The space taken up by The Wiss and the adjoining storefront is not big enough for any development on the scale of what current developers need, such as what was needed when Walgreens bought up at least three houses, one old gas station and a store in back, the Milliman Block of storefronts, and the historic Masonic Temple for their facility. 

Village Has Received Offers for The Wiss As Is, and When Torn Down & Filled In -- The Village has gotten an offer of $125,000 for the property once the Village tears down The Wiss and fills in the hole, and this individual says the property is worth $250,000. If there were no other parties interested in The Wiss than maybe we as a village would have to tear it down. But what about The Creekside Inn, that has been vacant for years, and I don’t hear any concern about it? Fortunately, the developer there intends on completing The Creekside. But The Wiss, too, has a developer interested in saving it, the Le Roy, NY LLC. The LLC is a group of citizens I understand who are mainly from our community, who want to renovate The Wiss and are willing to pay the village $10,000 for it. In addition they promise to immediately fix the roof, and take care of any concerns about its impact on the neighboring buildings, and to spend $400,000 renovating the building. A feasibility study has been done, which I believe figures in The Wiss getting historic status, which has been called into question because the exterior facade is not original and the inside has apparently been gutted of anything historically significant. But, this is a private venture, and if the investors know this and still think it a good investment, who is the Village Board to stand in their way? 

A Village Trustee Is Worried About Investors in a Wiss Private Enterprise -- One trustee in a recent article on the subject of The Wiss, said he was against saving The Wiss because by doing so we as a village would be encouraging the members of the LLC to invest in the building, only to lose their investment. My opinion is that that should not be the concern of the Village Board. Once the property is owned by the LLC, if that happens, the LLC is a private enterprise.  For too many years the Le Roy Village boards that have come and gone and have taken all of us into one business venture or another (one notably being the failed compost facility that we’re still paying for). The Village Board has no place making private business decisions, and no place picking winners and losers in this realm. If the LLC pays the village $10,000 for the building and saves the taxpayers an additional $148,000 to $250,000 from having to tear it down, we are ahead as taxpayers and that is what we expect the Village Board to be interested in. If the LLC takes possession of the building and fails, the county and then the Village will be its owner again, but this time we’ll have a building in much better condition than it is now, and therefore we as taxpayers win. And a private investor might buy the renovated Wiss from the LLC, and it may not become the Village’s responsibility even if they do fail. This is private enterprise at work. 

Where Is the D. O. T. If The Street Is To Be Widened At the Intersection of Rt. 5 & 19? -- There have been comments made by another Village trustee that the corner needs to be altered to allow large trucks to make the turn more easily, but this is a state issue, and The Wiss has been for sale, and/or in the Village’s possession since 2005. If the state wanted to address this concern where are they? If the state gets funding in the future, I’m sure Walgreens would be only too happy to sell them some of their property to accomplish a wider street. 

Is The Wiss a Fire-Hazard? -- On the issue of whether or not The Wiss is a fire hazard, we as a village, through our fire tax, purchased a fire truck with extension ladders capable of fighting fires from above tall buildings such as we have on Main Street, and in other parts of town. Also, I’m sure our fire department has the equipment to go alongside any window of the building and fight a fire through the window(s). Our Fire Chief Tom Wood has said that he will not have his department enter The Wiss if there is a fire, in its current state. This may be a concern, but The Wiss has burned before in recent years, and I understand quite extensively when it was occupied, and it did not affect the surrounding buildings.  And where is the concern about fire here when there is no electricity and no natural gas going to this building? And modern firefighting technology can be employed by our fire department to contain a fire at The Wiss if one should occur again. And if it is so wet inside, as has been reported, what’s going to burn? 

The Creekside Inn down the street has burned a couple of times through the years, and more recently, the second time, than The Wiss fire. And The Creekside Inn was occupied by a restaurant and apartments at the time. While some damage was done to the adjoining building there, and maybe any risk is intolerable to us, a fire can occur in a house or building at any time. Whether it’s occupied or not doesn’t stop a fire. And one only has to look at the walkway between the Vintage & Vogue building and the Fusion Dance Center building, on the other side, to see that there are at least two layers of brick on either side that forms the walls there. The Wiss likely has the same layers of brick between it and the adjoining building as do the buildings on either side of the walkway. How many layers of brick make up a chimney, and what are the fire risks there? Also, there have been other buildings destroyed by fire on Main Street through the years and they’ve been contained to one building in each instance. And The Wiss is right across the street from the Le Roy Police, and the Le Roy Fire Department so an eye can be kept closely on it if the LLC buys and renovates it. 

What Could A Renovated Wiss Building Look Like? -- The Wiss is a very, very old building, and that in itself, for me, isn’t reason to keep it and renovate it.  I haven’t ever thought the building to be attractive, but with a light color paint on the brick façade, and banks apparently willing to invest in the LLC, why wouldn’t we give the LLC the chance to save this building?

Why Not Sell The Wiss to the Le Roy, NY LLC Who’s Interested In Renovating It and Possibly Save More Buildings On Main Street from the Wrecking Ball? -- Possibly other buildings will be saved around it, if The Wiss is renovated rather than torn down, and our Village will have character unlike so many places in the surrounding area where the older buildings have been torn down. Why not accept the LLC’s offer, rather than have a developer buy the lot and tear down more of our Main Street for a new structure? And how long would it take to get back the demolition costs in property tax, and from a portion of the county’s sales tax that comes back to Le Roy from a new development? How many minimum wage jobs are going to make a real difference in Le Roy that wouldn’t be possible with the existing buildings there? 

What Could The Village Do with Our $148,000 - $250,000 Instead of Tearing Down The Wiss? -- Lastly, what could the Village Board do with the $148,000 to $250,000 needed to tear down The Wiss? I understand they have an extra $250,000 in their coffers. What could the Village do with that amount of money in terms of revitalizing the creek bank in Le Roy, our signature view, by covering the stones that were placed there for erosion control? The creek bank in the public portion is an eyesore and only the village government, not private enterprise, can correct this. What about renewing the project to put old-fashioned street lights on Main Street every other light to revitalize Main Street? What about replacing sidewalks that are in very bad shape on Main Street? There are so many things that could be done with the $250,000 the Village has of our tax dollars rather than tearing a building down that a developer wants to buy and put on the tax rolls.  And while they’re at it, the Village Board could give every property owner a rebate on their taxes. Who would complain about that? Thanks for reading this letter and I trust that Village taxpayers, and interested residents of the Town, will let the Le Roy Village Board know what they want to happen with The Wiss. 

Douglas Hill, Le Roy Village Resident

With a key player injured in the first minute of the game, Le Roy's girls battled Bath-Haverling hard, letting the game slip away for only a portion of the third and fourth quarter, but still came up short in their Section V playoff match, 47-42.

Montana Vescovi, who led the team this season in points, rebounds and steals, suffered an ankle injury early on, but captains Kari Piazza and Alicia Conte picked up the slack and kept the Oatkan Knights in the game.

“She’s a definately a key player, but we were right there," Head Coach Brian Herdlein "There’s no excuses. They played well. We played as hard as we could. It was a good game."

Le Roy and Bath switched back and fourth on the lead until the midway through the third quarter, when Bath built as much as a 12-point lead at one point.

Herdlein said his girls were able to take advantage of their mismatches with Bath when Bath ran a one-on-one defense, but when Bath switched to a 3-2, Le Roy had a hard time making the adjustment.

"Our girls were taking shots they weren't comfortable with," Herdlein said.

With about three minutes left, Le Roy started going inside again, tighented up their defense and pulled within two points with a minute to play.

Bath was largely able to control the ball, however, in the final minute and run down the clock, adding points on foul shots.

"They (Bath) rebonded well and played good defense," Herdlein said. "That's the minor difference in the game right there."

Photos: Top, Piazza scores on a lay up in the third quarter; Brooke Bower scrambles for the ball in the 4th quarter; Piazza reacts to getting elbowed in her eye during a rebound attempt in the final seconds of the game.

To purchase prints, click here or the link in the upper right of the slide show below.

In other basketball action:

• Elba defeated Hammondsport 79 to 30 and Notre Dame downed Prattsburgh 68-54. The two rivals will meet in a Section V semi-final in Dansville on Tuesday.
• Batavia top Livonia, 48-41.
• Bergen plays  Mynderse at 4 p.m. in Canandaigua.
• Notre Dame boys beat Williamson 86-63.
• Alexander lost to York, 63-51.
• Oakfield-Alabama lost to Clyde-Savannah, 85-32.
• Batavia takes on Waterloo at 3 p.m.
• Hornell and Le Roy meet at 7 p.m.

An accident with injuries has been reported at Lyman Road and Route 33, Bergen.

Bergen fire and ambulance dispatched.

A Mercy EMS unit is on scene.

UPDATE 9:56 a.m.: Bergen back in service.

UPDATE 10:12 a.m.: Patient transported to UMMC with minor injuries.

Press release:

City crews are repairing a water main break in front of 155 Trumbull Parkway. Residents on Trumbull Parkway between East Avenue and North Street may be without water during the repair. If you experience discolored water after the water is restored, please run your water until it once again becomes clear.

UPDATE 12:41 p.m.: Repairs were completed about an hour ago.

Francis Scott Smith, 19, who was allegedly caught in the act of burglarizing a home in Batavia on Jan. 1, has been accused of stealing from two other homes in Pembroke in September and October.

Smith, who is being held in the Genesee County Jail on his previous charge, was arraigned in Pembroke Town Court yesterday and then returned to the jail.

He is accused of stealing cash and jewelry from two separate homes on Read Road, Pembroke.

The new charges follow an investigation by William Ferrando with the Sheriff's Office.

The BB-gun incident at Batavia Middle School yesterday, as first reported by The Batavian, is apparently getting wider media attention.

A Rochester TV news van was reportedly parked illegally on Ross Street a few minutes ago.

And, just now, Batavia PD released the following statement to all regional media:

The Batavia Police and Batavia School officials are jointly investigating the details of a student bringing a BB Gun into the Batavia Middle School. As part of the investigation it has been determined that at no time was the BB gun displayed or any threats made. School officials discovered the gun based on an unrelated incident. Both the School and the Police Department will use the proper procedures to ensure all are safe and the person responsible is dealt with in accordance with the proper procedure in place for juveniles who violate school rules and New York State laws.  

A broken utility pole with wires down is causing snarled traffic at routes 246 and 63, the county line between Genesee and Wyoming. Pavilion Fire Department is on scene. Wyoming will shut down northbound traffic, and further up Route 63 -- didn't catch the juncture -- traffic will be diverted. National Grid is responding, or already on scene.

UPDATE 1:49 p.m.: The wires have been removed and the roadways are reopened. Pavilion assignment is back in service.

As part of a project to make the Mancuso Office Building at 26 Harvester Ave., Batavia, handicap accessible, a new elevator is being installed behind the building.

Mancuso Business Development Group President Tom Mancuso said other accessibility upgrades are being made to the building in all the public areas, such as the bathrooms.

The four-story building is split-level, with the first floor not being on grade with either the front or the back of the building, so the elevator is being designed to make five stops.

A new lobby is being installed in the back of the building that will be at grade with the back parking lot.

"It's just (such) a historic, attractive building that we didn't want to make changes to the front of it," Mancuso said.

The elevator should be operational by the end of March.

Mancuso didn't reveal the cost of the project, but indicated it is expensive. The entire project is privately financed, he said.

One of the building's current tenants, Rosicki Rosicki & Associates, is an enthusiastic supporter of working with disabled people, Mancuso said.

Another Mancuso tenant, in the Harvester Center, Larry Brown, is a disabled veteran.

"He's always helping us be aware of and work on our accessibility issues," Mancuso said.

A two-car accident is reported at Quaker Hill and Lockport roads in Elba. Minor injuries. It is partially blocking traffic and fire police are requested to the scene. Elba Fire Department and Mercy medics are responding in non-emergency mode.

UPDATE 11:34 a.m.: The Elba assignment is back in service. Two patients refused medical attention. The roadway is reopened.

Nobody disputes the fact that the former Wiss Hotel building is in rough shape.

A tour of the building yesterday revealed sagging ceilings, holes in the roof, peeling and chipping paint, uneven doorways, junk and garbage strewn throughout the interior and everything of value that could be removed -- claw-foot bathtubs and the old rosewood bar, for example -- gone.

Rich Hauser, an architect from Perry and a building restoration expert, has said previously that it will take nearly $1 million to restore the Wiss. A tour such as the one we took yesterday can only confirm there's a lot of work to be done.

The dollars and cents of the issue comes down to what a potential buyer -- such as the Le Roy, NY, LLC -- might want to do with the building and whether the building is structurally sound.

A structural analysis would be required before building permits for a restoration project could be pulled, and Bob Fussell, currently heading up the LLC, said the LLC won't pay for a structural analysis until it takes title to the building.

It doesn't make financial sense, he said, to go to the expense of a structural analysis if the LLC doesn't own the building.

On the tour yesterday were Bob Lawley, Bob Lathan, village DPW supervisor, Jeff Steinbrenner, the town's new code enforcement officer, and Dan Lang, Town of Batavia code enforcement officer, who was hired by the Town of Le Roy to mentor Steinbrenner as he gets started in his new job.

Lang's recommendation to Steinbrenner is that the building be tagged ASAP as an unsafe structure under NYS Property and Maintenance Code, Section 107.

"My primary concern is that the building (be) sealed up tight so nobody gets in," Lang said. "The main issue is life safety for members of the community."

Next, the village should start the process of declaring the building a vacant structure, under NYS Fire Code Section 311.

Since there is no fire suppression system in place, as a vacant structure, the building would have to be cleared immediately of all combustible material. If the village still owns the building at that point, the village will need to pay for clean up of the interior.

Lang will discuss these points with the village board at its Wednesday meeting.

In Lang's personal opinion, he thinks restoration of the building will cost more than current estimates.

Fussell said he trusts the expert in the matter, Rich Hauser.

The condition of the building now wouldn't be much different than when Hauser examined it several months ago.

If another expert offered up an opinion that it would cost $3 million rather than $1 million, then Fussell said, his position on saving the Wiss would change. But he noted Hauser has a good deal of experience with restoration of buildings in as bad of shape as the Wiss, or worse.

With yesterday's freezing temperature, portions of stairs and floors were covered with ice, even on the second floor. On the third floor, a several square foot area was covered with about an inch-thick layer of ice.

"If it wasn't this cold, it would be drip, drip, drip, all the time," Lathan said at one point during the tour.

Tim Hens, an engineer who owns a neighboring building, said during an e-mail conversation this morning that for a full-effect tour, you really need to go in when the water isn't frozen and you hear water dripping everywhere.

While the ceilings are sagging, walking on the second and third floors yesterday didn't reveal any obvious weakness in the floors.

Hens said when there's no ice, the floors do feel squishy.

Hens wrote:

I think the only way anyone is going know whether it is structurally sound is to gut the place. That is the only way you would be able to see all the bearing walls and/or structural connections to see if there is any rotten/punky wood. In order to do that the asbestos would have to be remediated. It may be possible to save, but someone is going to have to put up about $60-80K just to find out if it can be saved.

The village has requested bids from contractors interested in tearing down the Wiss. Those sealed bids will be opened at 3 p.m., March 8, at the village hall.

Mayor Greg Rogers said if at that point, village trustees have enough information to proceed, the bids will be considered at the board's March 13 meeting.

Tom Spadaro has put an offer in writing, with conditions, to buy the Wiss property once the building is torn down for $125,000. Among Spadaro's conditions is that the ground be filled in and level and that any environmental issues be settled.

If the Wiss comes down, any future owner of the property won't be able to build on the current Wiss footprint, Lang said. The current Wiss structure is partially on a NYS DOT right of way.

Rogers said that at the March 13 meeting, if the trustees have enough information, he will ask for a motion on any one of the options available -- sell to the LLC, sell to Spadaro after the Wiss is destroyed, or take down the Wiss and keep the property for now.

For all of our previous coverage of the Wiss Hotel, click here.

Dan Fischer, owner and editorial director of WBTA, is broadcasting an editorial today that calls on the Batavia City Council to vote down a proposed ordinance to change how garbage is collected in the city.

The proposal has been contaminated by secrecy and heavy-handed tactics, Fischer says, so the process of deciding how garbage collection should be paid for and handled should start over.

Read the editorial by clicking here or listen to WBTA-AM today.

Lohud.com: N.Y. court rules to keeps teachers' pensions private

Parents in the Batavia City School District were informed tonight that a student at Batavia Middle School is being disciplined for bringing a BB gun to school.

It wasn't a rifle, it wasn't a handgun, it was a BB gun a student had a in backpack in his locker, Superintendent Christopher Dailey emphasized in an interview tonight.

"He didn't think it would be anything to worry about," Dailey said. "Unfortunately for him, it was a really bad choice. He didn't have it at school to hurt anyone or defend himself. He wanted to play with it after school. It was a random poor choice by a kid."

The search was initiated, Daily said, because school officials suspected the student may have brought tobacco to school.

The "random poor choice" by the student had landed the kid in Family Court, according to Batavia Police Chief Shawn Heubusch.

Heubusch confirmed tonight that school officials turned over to police a BB gun that was located in a student locker.

"Batavia school officials should be praised for their quick response to this incident," Heubusch said.

Dailey said school officials take issues like this seriously and his automated phone call tonight was aimed at keeping parents informed and designed to quell rumors about it possibly being a more serious matter.

"I felt it important to share because we don't have anything to hide," Dailey said.

In his message, Daily said, "Having a BB gun on school grounds is against district policy. The BB gun was turned over immediately to the Batavia City Police. The student was removed and will be held accountable according to our district code of conduct."

New York City-based Heavy.com, which bills itself as an entertainment Web site for men, apparently has developed an interest in who owns handguns in Genesee County.

Aaron Nobel, editor of Heavy.com, sent a request to Sheriff Gary Maha under New York's Freedom of Information Law on Jan. 25 asking for a database of all handgun permit holders in Genesee County.

Maha denied the request in Feb. 4 letter citing the SAFE Act, which placed a 120-day freeze on disclosure of handgun license information.

The moratorium is intended to give pistol permit holders an opportunity to file paperwork opting out of release of their permit information. The County Clerk's office has been besieged by gun owners seeking to block release of the information.

Nobel did not respond to e-mails from The Batavian with questions about the nature and reason for his publication's request.

The Batavian obtained Nobel's letter and Maha's response through its own FOIL request to the Sheriff's Office.

County Clerk Don Read informed members of the Genesee County Legislature on Tuesday of Heavy.com's request.

Read's office would be the proper agency to file a FOIL request for such data, and Read said once the 120-day moratorium expires, he can still withhold the information under FOIL exemptions for "an unwarranted invasion of personal privacy" and "if disclosed could endanger the life or safety of any person."

If Read does oppose the release, he said he would expect the matter to be taken to court. Among the questions we asked Nobel that went unanswered is whether Heavy.com would pursue court action to try and force disclosure of the data.

Pistol permits should not be public record, Read told legislators.

"I don’t see why these people should be singled out any more than, say, give me a list of all the motor vehicle owned who have SUVs," Read said. "Motor vehicle records are considered confidential. We can’t give you any information on the number of vehicles registered in New York State or the names and addresses of motor vehicle registrants. I don't see why (gun owners) should be singled out."

Since Nobel did not respond to The Batavian, we don't know if he made the same request of other counties in the state.

While the SAFE Act was a knee-jerk reaction from Gov. Andrew Cuomo to the tragedy at Sandy Hook Elementary School in Connecticut, the opt-out provision of the law was drafted in response to a newspaper in Westchester County publishing an online map of pistol permit holders. The newspaper eventually succumbed to public pressure and removed the map from its site.

In his request, Nobel said, "I represent a news and information Web site that is seeking this information for news-gathering purposes" and said that release of the information was "in the public interest and will contribute significantly to the public's understanding of the prevalence and location of gun ownership within their communities."

A car struck a utility pole in the area of 4 Law St. about 10 minutes ago, causing a power outage in some parts of the city. The pole has high-tension wires and it's snapped in half. Traffic will be rerouted at Jackson and Chestnut streets and Law and Walnut streets. Unknown injuries. National Grid is notified, no ETA given. In some places, power went out and within, say, two minutes came back on again.

UPDATE 7:23 p.m.: National Grid is on scene.

UPDATE 7:31 p.m.: There were no injuries. The driver was a sign-off.