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The Notre Dame Fighting Irish girls basketball team got a rousing send off from the junior and senior classes of Notre Dame High School during a pep rally Thursday.

The girls begin play in the Class D state tournament final four on Saturday at Hudson Valley Community College.

Athletic Director Mike Rapone said the school and the community are proud of what the girls have done and he said he's sure the players will represent Notre Dame well in the tournament.

Head Coach Dave Pero said he's proud of his players and that they're ready for the challenge of the final four.

The students of McMahon School of Irish Dance made their rounds today of the Batavia City Schools, performing traditional Irish dances as St. Patrick's Day approaches. 

We caught up with them for a few minutes at Jackson School.

Two cars hit head on shortly after 1:15 p.m. at Main and Bank streets. Both drivers appeared a little shaken up but not seriously injured.

Batavia PD, city fire and Mercy EMS were on scene quickly and the intersection was cleared by 1:45 p.m.

Students from throughout the GLOW region gathered at Genesee Community College this morning for the annual Tech Wars, where students compete in matches of design and engineering skill.

Many of the supporters of restoring the Wiss Hotel building on Main Street in Le Roy walked out of Wednesday's village board meeting saying "their minds were made up."

Mike Tucci, Robert Taylor and Jim Bonacquisti all voted to demolish what may be Le Roy's oldest standing commercial building, even though over the past several months, two architects, three contractors and a code enforcement officer all toured the building and said it could be saved.

"They kept moving the goal posts," Trustee Jennifer Keys said after the meeting.

By her calculation, the $132,000 Tucci, Taylor and Bonacquisti voted to expend on destruction of the Wiss equals 8.5 years of the village's community swimming pool fund.

The fee paid to Empire Dismantlement will be pulled from the village reserve fund, according to Mayor Greg Rogers, who, along with Keys, voted no on Bonacquisti's motion to destroy the Wiss.

On Monday, the Le Roy, New York LLC submitted its fifth revised offer to purchase the building so it could be saved and restored.

The new offer answered many of the objects raised by Tucci, Taylor and Bonacquisti.

The offer was written by village resident and Buffalo attorney Chandy Kemp.

"We did everything that was suggested to us to make our offer more appealing," Kemp said. "We identified the parties (of the LLC). We told them where the money was going to come from. We eliminated some of the contingencies. We gave plans about what we intended to do with the property. And they still shot it down. I’m not sure what more we could have done."

At one point, Kemp and her husband, Chris, were thinking of buying the building themselves in order to sidestep any distrust the trustees might have of the LLC. But after touring the building themselves, they realized saving it would be just too much work to take on by themselves, so they joined the LLC.

"I don't think an offer Chris and I would have submitted independent of the LLC, I don't think now, it would be much different," Kemp said. "I'm not convinced we would have been successful. I'm thinking a lot of this, maybe the decision was made a year ago, and a lot of this was just running around until the bids for demolition came in and they knew how much it was going to cost and that just sealed it."

The latest offer also contained the promise of a $500,000 performance bond.

Tucci, Taylor and Bonacquisti all said they respected the hard work of the LLC, that they each gave the issue a lot of thought -- Bonacquisti said he lost sleep over it -- but in the end, tearing the Wiss down was "the right decision."

"In the last 20 years we’ve taken the Sterling Diner down, Vic Bloods has come down, the Millman block has come down, but all Main Street hasn’t come down," Bonacquisti said. "Not only did we survive those buildings coming down, but we’ve gotten better."

Tucci read a prepared statement:

I do have upmost respect for everyone associated with the Le Roy New York LLC. I do appreciate all of their hard work and dedication as to wanting to save this building and make something better of it. They have a passion for Main Street that I hope carries on after this vote. I realize not every one agrees with me with my decision to take it down but I do believe it’s in the best interest of the village. I can only hope people respect my decision and know it’s come with a lot of thought.

Taylor spoke about his 72 years of living in the village and the many hours of his life spent enjoyably at the Wiss, and that he's spoken to a lot of people about the issue.

"My personal opinion, the LLC just picked the wrong building," Taylor said.

Bonacquisti said, "the time for the Wiss has come," and that whatever replaces it will be better.

What replaces it is a complete unknown at this point, though, a point Louis Buono, a supporter of the LLC and owner of the McDonald's franchise in Le Roy, raised later in the meeting.

"There’s not been a plan in place; there’s not been an idea proposed; yet, you ask the LLC over and over againt to formalize a plan which could produce many opportunities here in this village, and yet we’ve heard nothing other than we will demolish the building," Buono said.

"In respect for the other people who spoke in support of saving it," Buono added, "I believe you owe it to the community to explain -- what do you plan to do with that property? -- and not just a commitment saying ‘we will do our best,’ but what is your plan?"

Rogers admitted there is no plan, but by the second meeting in April, the trustees will have a better idea of what will be done going forward.

Previously during the meeting, Rogers said the trustees now have a responsibility to protect the character of the village.

"It's the village board's responsibility to take care of that corner and put something there that makes sense and doesn't destroy the character of this village," Rogers said. "That's our responsibility. That's the five people who sit on this board, that's their responsibility. You have my word that I will work extremely hard not to be an embarrassment. It's a job I take very seriously."

What comes next is the biggest fear the preservationists have. 

"All I’m hearing the board talk about is memories of what it was," said David Damico, a graphic artist who moved to Le Roy in 2008 and is concerned about the village losing its identity. "None of them seem to have any foresight as to what it could be. I think maybe it takes a new person to see that. I want to see this community grow and if we’re tearing everything down, I don’t see how that’s going to happen."

Many fear another Walgreens-type of development, which Selby Davis says, "maimed" the northwest corner of Main and Lake streets.

"It's now something we can do nothing about," she said.

That's also the fear of Chandy Kemp.

"My first reaction is fear," Kemp said. "I'm still afraid of the slippery slope. I trust the mayor and believe and trust his word that he wants to preserve Main Street, but I'm not sure that can be said of the others in the village who may have dollar signs in their eyes. That's my biggest concern, that this is the first step toward major demolition of Main Street, and that's something I would hate to see."

Statement from the Oakfield Fire Department:

The Oakfield Fire Department would like to make the following statement. We do this in an effort to eliminate and rescind the charges that were filed against Robert Hilchey.

We as a department understand and acknowledge the fact that altering a water service prior to the water meter without prior discussion with the water provider is fraudulent. When the Fire Department was initially questioned, it was our position that we did not give Mr. Hilchey the authority to make alterations to the fire department’s water service. Acting in the Village residents' best interests, this required the Village Board to prosecute Mr. Hilchey.

After Mr. Hilchey was charged, he informed the Fire Department that he had asked for and was approved to make changes to the plumbing. We as a department reviewed past meeting minutes and it was discovered that we did give Mr. Hilchey permission to perform minor plumbing changes at the fire hall.

Any misinformation by the fire department was not intentional. We were unsure that permission was granted because the request by Mr. Hilchey for modifications to the plumbing was unspecified. We regret this entire episode and look forward to a constructive relationship with the Village of Oakfield.

For Father Ivan R. Trujillo, today's election of Jorge Mario Bergoglio, had a special meaning and brought Trujillo a special joy.

Bergoglio, now known as Pope Francis I, is the first pope from South America, and though Bergoglio is from Argentina and Trujillo is from Bolivia, it is a good thing for the church that a new pope was selected from the 455 million Catholics in South America, home to 42 percent of all Roman Catholics in the world.

"I'm very happy that they elected somebody from South America because most South Americans, most Latin American people, are Catholics, I'd say 80 percent" Trujillo said. "They are very happy. I'm very happy."

Trujillo is pastor of Resurrection Parish, which includes Batavia's St. Joseph's and St. Mary's. He was ordained in Jamestown in 1990 and became an assistant at St. Mary's in 1995. Four years ago, when St. Joe's and St. Mary's merged to form Resurrection Parish, Father Ivan was appointed pastor of the parish.

It was a Jesuit, like Pope Francis, who inspired Trujillo to become a priest. In Bolivia, while studying philosophy, the rector of the school was a Jesuit. The priest had a passion, as most Jesuits do, for working with the poor.

A good deal of Father Ivan's work in Western New York is with the poor and less fortunate. He works with the poor and sick in his own perish, ministers to inmates at Attica and Wyoming correctional facilities, and works with migrant workers in Genesee, Orleans and Niagara counties.

Pope Francis -- taking the name of St. Francis Xavier -- has a reputation for humility and caring for the poor, living an austere life in Buenos Aires. For a time, Bergoglio gave up riding in a limo and instead took public transportation around the city, but had to give up the practice for security reasons.

"I believe it is a great sign that he will be a pope for the poor and everybody else," Father Ivan said. "I’m pretty sure he’ll be trying to reach the most needy people."

Trujillo believes that Francis, coming out of the Jesuit Order, will be a capable administrator as well as a spiritual leader, which is something, he said, the church needs now.

"It's a good time to celebrate," Trujillo said. "I know there are many problems with the church, but knowing about Jesuits, I'm sure he's well organized and he'll be a good asset for our universal church."

Trujillo was returning from Wyoming when church staff called him to say that a new pope had been elected. He returned to St. Joe's in time to see Pope Francis introduced to the crowd in Vatican City and a worldwide television audience.

It was an thrilling moment, he said.

"At the moment I’m a little bit shocked and so glad," Father Ivan said. "I wish the best for the pope and the whole church. One thing that impressed me with him was that he asked first to be blessed by the people in Rome and after that he blessed the people. After he was blessed by the people, he blessed them. That was a very nice symbolism that he will be a pope for the people and at the same time he brings some order that we need."

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

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

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

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

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

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

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

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

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

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

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

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

Card Player: New York Senate Says It Supports Internet Poker

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The cause of the fire remains under investigation.

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

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

(Initial Report)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The property is zoned for residential development.

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

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

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

Top photo: Chris Baron, consultant with GZA GeoEnvironmental.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

One message:

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

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

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

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

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

This afternoon we received the following response from Maha:

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

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

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

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

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

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