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Erik Saluste is looking for some help from the city in keeping people off his property at 5 Walnut St., Batavia.

He said trespassers are a huge and consistent problem. 

His property backs up to the Tonawanda Creek and he doesn't want people on his land when they want to sightsee, fish, or kayak on the creek.

"People think that all the houses on Walnut Street, Route 98, that back against the creek allow public access," told the City Council last night during public comments. "There is no public access. My property line extends to where the creek ends. I’ve posted no trespassing signs on my property."

He said he's had to call police about trespassers four times already this year.

He said he brought the issue to the City Council four years ago and nothing happened. He said he applied for a building permit to install a fence on his property line and it was denied.

He took that as the city asserting easement rights but he said the city has no easement rights. The state has easement rights 50 feet in from the creek and that he was told he could build structures within the easement, but if the state needed the structures removed for flood control measures he would have to remove the structures.

Interim City Manager Matt Worth said he will need to research it but he believes the state might be concerned about a fence catching tree limbs and other debris that could contribute to a flooding issue.

Saluste thinks a fence from the footbridge to 1 Walnut might help alleviate the problem and said he would be willing to help pay for it. He said the problem is a huge privacy and liability issue for him.

"You do have to realize that until I have satisfaction in this area I’m going to continue to call Batavia Police Department every time I have somebody (trespassing)," Saluste said. "I’m not going to confront them anymore because they’ve almost become physical on certain occasions and I don’t want that to happen."

The council instructed Worth to look into the issue further.

UPDATE: Felipe Oltramari, county planning director, brought this to our attention:

Per DEC’s website (https://www.dec.ny.gov/outdoor/8371.html): “If a waterway is navigable in fact, the right to public navigation authorizes a boater to get out of the boat to pull it around obstacles or to get around obstacles by portaging over private property, so long as the portage is by the most direct and least intrusive safe route possible.”

This property is right at the dam so a kayaker or canoer could come ashore legally on Mr. Saluste’s land for the purposes of getting around the dam while navigating the creek.  

PHOTO: Screen grab from county's GIS map, shows, from the top, 1 Walnut, 3 Walnut, and 5 Walnut.

For at least five years the City of Batavia has been trying to figure out what to do about its aging, deteriorating, ill-suited police headquarters and Monday night the topic was once again on the City Council agenda.

Consultant John Brice, of Geddis Architects, presented the council with three broad options, with price tags in excess of $7 million up to nearly $10 million, and each with their own challenges and pitfalls, not the least of which is the time it will take to complete whichever option is chosen.

Option 1: Remodel the existing headquarters with a public entrance in the back, using all existing floors, without too many significant changes to the floor plan.

Option 2: Remodel the existing headquarters with a public entrance in the front, all police operations confined to the basement and the first floor, the addition of an enclosed sally port and separate entrance in the back of the building for police officers and detained subjects.

Option 3: Build a new police headquarters on a parcel of land yet to be determined.

In 2014, the City formed a task force to study options for a new police headquarters. The task force considered options for remodeling the current location and reviewed a half dozen parcels in the city for a possible new building. The task force favored a location on Swan Street but the city was apparently unable to acquire the property.

The issue languished until now. 

The two remodeling options presented last night were revised from proposals presented in 2014 and the new building plan was a generic layout for a single-story building that would likely change based on the configuration of any parcel of land eventually selected for the building.

Both council members Kathy Briggs and Patti Pacino said it's time to stop stalling, so they favored Option 2 as the seemingly most expedient while also most completely addressing problems with the current headquarters.

"We need to stop kicking the can down the road," Pacino said.

"That's right," Briggs said.

She expressed concern that while it might be nice to build new, the city has already been down the path of trying to find an appropriate location and didn't really find a suitable spot.

Eugene Jankowski, council president, said he was open to Option 2 but favored option 3, building new.

"The first option doesn't do much," Jankowski said. "It might save us a little money but it doesn't solve any issues."

The current police headquarters was built 150 years ago as a mansion for one of Batavia's well-to-do families, the Brisbanes (James Brisbane was one of the founders of Batavia. His son, Albert Brisbane, was a nationally known utopian in the 19th century, and one of his sons, Arthur Brisbane (who married a Cary, another of Batavia's early wealthy families) went on to become one of the nation's most famous newspaper editors, working for William Randolph Hearst in the late 19th and early 20th centuries, and is buried in Batavia.)

The Brisbane mansion eventually became City Hall. When City Centre was built, Batavia PD became sole occupants of the building.

Brice outlined the problems with the Brisbane Mansion: The building's heating, air conditioning, plumbing and electrical are out of date and in need of replacement; its public entrance is up a flight of stairs and doesn't offer good visibility for staff inside; the entrance is less than ideally secure because there is no separate entrance for officers and any detainees they bring in; the building is not compliant with the Americans with Disabilities Act.

"As soon as you touch any of the major systems you must make the building ADA compliant," Brice said. "That's New York State law."

Option 1 doesn't address all those issues. While it would upgrade HVAC, electrical and plumbing, and provide a more visible public entrance but the entrance would still be shared by the general public, police, and criminal suspects. It doesn't provide separate parking for police vehicles and public vehicles. It addresses ADA issues but the elevator would need to do more than just stop on three different floors; it would need to be able to stop on the levels in between floors (the second floor is really five different levels).

The total estimated cost for Option 1 is $6.9 million.

Option 2 puts the public entrance at the front of the building and adds a sally port at the back for safe prisoner transport and storage of the department's emergency response vehicle. It puts all police operations in the basement and on the first floor and leaves the second floor vacant (though the new elevator would still go to the second floor). It addresses many of the safety issues and upgrade issues with the building, but it's still a 150-year-old building originally built as a residence.

The estimated cost is more than $9 million.

Option 3 addresses all of the logistical and safety issues that can't be fixed with a remodel of the existing building but the biggest issue is: where to put it?

The estimated cost is close to $10 million.

"The facility we’re in now is 150 years old," said Chief Shawn Heubusch. "It’s still going to be 150 years old no matter what we do to it. It was not purpose-built as a police station or as a government facility. It’s purpose-built as a residence. It’s been modified over the years but a new build covers all of the requirements we have."

There were two fires reported on Monday at 46 South Lake Ave., Bergen.

The first one was caused by a microwave oven being placed on top of an electric range in an apartment and the range getting accidently turned on.

The cause of the second fire is under investigation but it's possible it was caused by the first fire.

In the case of the first fire, property owner Michael Marvin said he had a new tenant moving into the apartment in his duplex and somebody dropped items off for her earlier today. The new tenant wasn't home when the fire started but the smoke detectors went off and Marvin called 9-1-1 and Bergen Fire arrived on scene quickly and put the fire out.

The first fire was reported at 5:25 p.m. and Deputy Chief Chuck Dodson said when the fire department left the scene there was no indication that anything at all was still burning.

"We did extensive overhaul, the ceiling, the walls, the adjoining rooms, we used a thermal imaging camera, we used Class A foam, which is something that allows the water to penetrate into the wood, so when we left here, we were pretty confident the fire was out," Dodson said.

The second fire was called in by Marvin at 10:55 p.m.

Marvin said he had gone to bed a short time before and had fallen asleep. Something woke him up. It wasn't the smoke detectors. They weren't working after the first fire. He thinks it was the smell of the smoke.

"I was in my room," Marvin said. "I could barely see. I was glad I woke up or I would be dead. I couldn’t even see to get out the door."

Marvin said he got out of the house but then went back in to get his dog.

After rescuing his dog, he rescued the bright red 1966 Chevy Camero SS he's restoring, pushing it out of the garage.

At midnight, firefighters were trying to knock down the last of the hotspots in the structure.  The house was still standing but the damage to the entire probably means it is a total loss. Dodson said the goal at that point was to salvage as much of Marvin's personal belongings as possible.

Assisting Bergen at the scene were Le Roy fire, city fire, and Churchville, along with Mercy EMS, the Sheriff's Office, and Emergency Management Services.

The Red Cross was dispatched to assist Marvin.

Top photo submitted by John Zinter of Picture This Photography. The first four photos below by Howard Owens. The bottom two photos by Jim Oehler.

A house fire is reported at 46 S. Lake Ave., Bergen.

It's the same location as a structure fire reported at about 5:25 p.m. today.

Bergen fire, Le Roy fire, and Churchville dispatched.

UPDATE 11:12 p.m.: City fire's Fast Team dispatched. Pavilion requested to fill in at Le Roy Fire Hall.

UPDATE 11:16 p.m.: All units told to evacuate the building.

The chaos, confusion and emotions of a mass causality situation had a serious impact on students who went through the simulation at M&S Tactical last night, said owner Jeff McIntire.

Participants in the simulation first sat through a class, "Active Assailant Awareness for the Concealed Carrier," before confronting a realistic scenario dealing with several shooting victims.

The goal was to give those with concealed carry licenses practical tips and the psychological experience on what to do both to deal with the threat of an active shooter and how to assist victims.

The class focused on the Observe, Orient, Decide, Act (OODA) loop. They also received instruction what to do once law enforcement arrives on scene.

After dinner, a New York State Certified Tactical Paramedic taught field expedient first aid using supplies in which they would have readily available to them, as not every average citizen carries with them a tourniquet, an occlusive dressing, or hemostatic gauze.

"One by one, class participants entered the company's Active Home Invasion System and were confronted with the aftermath of a mass casualty shooting," McIntire said. "Chaos ensued and they were tasked with finding and triaging patients to either attempt to save or give some sort of potential life-saving intervention to using the skills they were just taught."

In the training room, participants found about a dozen role players covered in blood. Some of the role players were injured while others were just covered in blood. M&S Tactical staff assigned each role player a specific character to portray. Some acted as severely wounded people with injuries to the femoral artery, sucking chest wounds, gunshot wounds to the head, and other injuries. Children ran around hysterically screaming for their mother, and requesting each student to help them.

"This class was able to reach into the souls of each participant," McIntire said. "The environment created was all too near reality."

Photos and information submitted by Jeff McIntire.

A working structure fire is reported at 46 S. Lake Ave., Bergen.

Route 19 will be shut down. The fire is a one-story ranch with an apartment in the back. A caller to dispatch reported seeing black smoke coming from the rear of the building.

Le Roy fire is responding mutual aid.

UPDATE 5:31 p.m.: The city's Fast Team is called to the scene.

UPDATE 5:32 p.m.: The city's first platoon is recalled to headquarters.

UPDATE 5:33 p.m.: One engine out of Byron is called to fill in at Bergen Fire Station.

UPDATE 5:37 p.m.: The fire is "possibly knocked down," so all remaining units traveling to the scene -- like Chili and Churchville -- are told to back it down.

UPDATE 5:40 p.m.: They are working to shut power off; ventilating structure.

Janiya Sanchez and Alaina Evans, students at John James Audubon School #33 in Rochester, met a calf during a visit to Lamb Farms in Oakfield this morning.

About two dozen sixth-graders from the school visited the dairy farm to learn about how cows produce milk and other dairy products.

Alicia Lamb told the students about how cows live on the farm and what they eat.

Janiya Sanchez, like many of the students, found the smell of the barn unpleasant.

Some of the cows enjoyed being petted.

Tanasia Reid touches a cow for the first time.

Kendra Lamb talks about feeding calves.

Joshua David Sumeriski, 33, of Buffalo Street, Alexander, is charged with driving while ability impaired by drugs, uninspected motor vehicle, driver's view obstructed, and disorderly conduct. Sumeriski was charged after Deputy Mathew Clor responded at 3:21 a.m. Thursday to Transit Road, Bethany, to investigate a complaint of a man lying in the roadway.

Carrie A. Poray, 40, of Oatka Trail, Le Roy, was arrested on a warrant for alleged failure to appear. Poray was located by the Monroe County Sheriff's Office and taken into custody for failure to appear on two traffic tickets in City Court. Poray was ordered to pay a fine before her next court appearance and released.

Jordan S. Thomas, 19, of East Avenue, Batavia, was arrested on a warrant. Thomas is accused of failing to comply with conditions of supervised release. Thomas was arraigned and jailed.

Joseph D. Berry, 32, of Bank Street, Batavia, is charged with menacing, 2nd, and harassment, 2nd. Berry allegedly held a large rock and threatened to inflict bodily harm to a store clerk at 7-Eleven in Batavia at 8:15 p.m. on June 6. He was jailed on $2,500 bail.

Maya Samanta Wright, 23, of East Ridge Road, Rochester, is charged with harassment, 2nd. Wright allegedly struck a patron of a business on Park Road, Batavia.

Chelsea Lorraine McEwen, 19, of Fleetwood Drive, Brockport, is charged with harassment, 2nd. McEwen is accused of punching another person in the face during an argument reported at 8:53 p.m. Sunday at a location on Bloomingdale Road, Tonawanda Indian Reservation.

Laura Jean Santiago, 55, of Hundredmark Road, Elba, is charged with DWI and driving with a BAC of .08 or greater. Santiago was stopped at 8:56 p.m. Friday on Main Street Road, Batavia, by Deputy Mathew Clor.

William George Horner, 67, of Bank Street Road, Batavia, is charged with criminal obstruction of breathing and harassment, 2nd. Horner is accused of grabbing another person by the throat and applying pressure and pushing that person during an incident reported at 10 p.m. Friday on Bank Street Road, Batavia.

Todd A. Rich, 47, of Webster, and Justin T. Rich, 24, of Webster, are charged with unlawful possession of marijuana. The two men were stopped by State Police at 1:15 a.m. this morning on Route 19 in Le Roy.

Press release:

Members of the Batavia City Firefighters from IAFF Local 896 will fan out across the streets of Downtown Batavia with boots in hand on Friday.

This year's Fill the Boot drive for MDA is June 15th and it's organized by firefighter Chris Morasco.

“In 2017, we set out to break the $10,000 mark," he said. "Our members, with the help of our generous community were successful and able to raise $10,651 for the MDA! Look for us Friday!”

From 8 a.m. to 2 p.m., city firefighters will be at the intersection of Main Street (Route 5) and Court Street AND at Ellicott Street (Route 63) and Court Street.

Photo: File Photo

The third annual Stafford Firemen's Father's Day Retro Jam & Musicians Reunion is 1 to 7 p.m. on Sunday, June 17.

It will be held behind the Stafford Fire Department on Route 5 in Stafford.

Bring your own lawn chairs and coolers. A food truck will be available.

"Good fans, good families, good food, good music, good friends, good times!"

Band schedule is subject to change, but so far the lineup is:

• Ryan & Scott
• Front Porch Pickers
• Ghost Riders
• Rick Howe Band
• TONK! Bros.
• Patrice & Friends
• Rock-a-Bully's
• KW Does Country

A house fire is reported at 4 Washington Ave. in the Village of Le Roy. The location is between Hilltop and Jefferson. Le Roy Fire Department is responding along with mutual aid from Bergen, Stafford, Pavilion, Caledonia, and the town and city of Batavia.

Command at the scene says they are going to ventilate the front of the structure and start using hand tools to take apart the porch.

UPDATE 2:53 a.m.: Command calls for lighting in the back of the structure.

UPDATE 2:58 a.m.: National Grid has been notified; no ETA.

UPDATE 3:25 a.m.: National Grid's response is canceled. City fire is returning to service.

UPDATE 3:27 a.m.: Bergen and Pavilion are returning to service. The fire is out.

Veterans residing at the Batavia VA Medical Center were honored today as part of a Flag Day ceremony that included the reading of three essays about the flag by students of Batavia Middle School.

The winning essay was written by Harrison Southall (second photo):

What the American Flag means to me? Well, it stands for hope in my eyes. In America's history, when battles were fought there would be a flag bearer who would hold our flag with his life. If he got shot, he still held it. If he got killed, someone else would just drop their gun and pick up the flag because they knew they were fighting for our country. The flag shows that America never gives up and shows brave soldiers that hope is never lost even in the worst times, and that is what makes the flag special.

Organizing the event was spearheaded by Frank Panepento and ended with a medley of patriotic songs from a brass band.

Assistant Principal Maureen Notario with a binder full of all the essays submitted by students of Batavia Middle School. The book was presented to World War II veteran Leo Pelton, who is 99 years old (below).

A tractor-trailer rollover accident with no injuries is reported at Bergen Road and South Holley Road, Byron.

Fluids are leaking.

Byron and South Byron dispatched.

UPDATE 4:55 p.m.: Mercy EMS requested to the scene for evaluation of back pain.

UPDATE 5:08 (By Billie): The driver was initially believed to be uninjured, but subsequently complained of back pain and Mercy medics are called to evaluate him. Command at the scene says the rig dumped half a load of liquid manure because of the accident. No other vehicles were involved. Sawdust is being trucked in from a nearby farm; sand from the highway department may be required, but that has not been deemed necessary at this point.

A pair of golden retrievers are missing the Morrow Road area, off Route 246, in Pavilion.

A reward is offered for their safe return. No questions asked.

One of the dogs critically requires medication. One of the dogs is a therapy dog.

E-mail Barbara Beach: barbbeachrealestate@yahoo.com.

Jen Goss, found of Catty Shack, a cat and kitten rescue, and Kasey Thompson, with kittens that will soon be available for adoption during a garage sale at the corner of Batavia Elba Townline Road and Route 98 (Daws Corners) this afternoon.

The garage sale continues on Sunday as is a fundraiser for Catty Shack.

Catty Shack will have at least 15 kittens available for adoption in a few weeks. They will be vetted and spayed and neutered. 

A new granite monument honoring the men and women from Bergen who served their country in the U.S. military was dedicated in a ceremony today following the Bergen Park Fest parade.

Bob Bausch, chairman of the County Legislature and its Bergen representative, was among the speakers and he recalled walking through the park recently and looking at the names on the memorial.

"I looked at the list of the wars," Bausch said, "and I knew somebody from every one of those conflicts, even from World War I — I knew some of the old guys when I was a kid, so it means a lot to me, these efforts being made."

American Legion Commander Thomas Williamson reminded the crowd gathered for the ceremony to remember the veterans who served as they enjoyed the fireworks planned for later in the night; and American Legion Adjutant Gary Hilbert said the memorial honors those who served in times of war and times of peace and those who never returned.

"Today we make our Founding Fathers and those who came before us proud," Hilbert said. "Our liberties and values stand safe because of brave men and women who have been ready to face the fire. We thank God for each and every one of them."

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