notify

Steve and Jim Goff, owner and manager, respectively, of the Stumblin' Inn in Elba since 1979, have pretty much lost everything, according to a GoFundMe page set up by Jess Goff.

The goal of the page is to raise $10,000 but the page notes that excavation of the remains of the 143-year-old building will cost as much as $25,000. 

The appraised value of the property was only $67,700 and Jess Goff, on the GoFundMe page, said there was no fire insurance on the structure.

In addition to all of the personal belongings of Steve and Jim, including tools, was all the memorabilia that went with 40 years of ownership of a community landmark and a place that hosted countless local musicians for a countless number of shows.

"My dad says that these are all just things, but the saddest part of all of this is the death of so many memories for so many people," Jess Goss wrote.

Both Steven and Jim lived in the building and lost all of their personal belongings.

The Stumblin' Inn hosted many community fundraisers over the years.

There may be other fundraisers in the work but so far nothing definitive has been announced.

Fire investigators have determined the fire was accidental/non-intentional but the exact cause of the fire is unknown. Evidence indicates it started on the inside of the building and it's unknown how long it was burning before it was discovered.

Previously:

• Fully involved structure fire at Stumblin' Inn, Elba
• Fire destroys the storied Stumblin' Inn, a community landmark since the 19th century
• Excavator pulling apart Stumblin' Inn to help firefighters reach hot spots
• Video: Stumblin' Inn fire

A 51-year-old Batavia resident involved in a rollover accident on R. Stephen Hawley Drive yesterday is in guarded condition at Strong Memorial Hospital this morning.

At strong "guarded" means the patient is in the intensive care unit.

The driver of the vehicle was Gerald E. Nicholson. The initial report said Nicholson was trapped under his pickup truck after it rolled over in a cornfield to the east of the roadway. A trooper at the scene said it appeared Nicholson's truck came over the hill, heading north, on Hawley Drive and failed to negotiate the curve and Nicholson may have overcorrected.

Nicholson was transported by Mercy Flight to Strong Memorial Hospital.

A first responder said Nicholson was conscious and alert during extrication and sources described his injuries as apparently non-life threatening while he was at the scene.

State Police have not been forthcoming with information about the accident. We don't have the make, model or year of the pickup truck or any information on the status of the investigation.

UPDATE 1:35 p.m.: A State Police sergeant said Nicholson was driving a 2007 Ford F-150. It does appear he came over the hill, lost control and overcorrected. Citations have been issued but the sergeant didn't know the exact charges. The accident is still under investigation but DWI is not suspected. 

Previously: Pickup truck driver taken by Mercy Flight to Strong after rollover accident by the college

[Editor's Note: Due to technical diffculties, the site has been down for about an hour and we have been unable to post anything until now.]

Shortly after 1 p.m. a pickup truck rollover accident was reported on Assemblyman R. Stephen Hawley Drive near Batavia Stafford Town Line Road. The driver was pinned underneath the wreakage after being ejected.

Town of Batavia Fire Department responded to the scene along with mutual aid from Stafford Fire Department. State police and Sheriff's deputies were also on scene.

The male driver was reported extricated at 1:32 p.m. and it took medics 20 minutes to stablize him in an ambulance before he could be transported via Mercy Flight to Strong Memorial Hospital in Rochester.

It appears the gray pickup was northbound on Assemblyman R. Stephen Hawley Drive and when it came over the crest of a hill by the MedTech Center, the driver may have lost control of the vehicle. There are skid marks in the middle of the road in front of the MedTech Center.

The pickup skidded off the roadway, flipped over, ejecting the driver and landing in a cornfield.

State police are investigating the accident.

Photos from the scene will be posted later today.

UPDATE 6 p.m.: The State Police have declined to provide any further information about the accident.

UPDATE 7:15 p.m. : non-life threatening injuries, according to a source.

The Village of Corfu is digging in its heels when it comes to the county’s demand that it sign a new contract allowing the county to increase rates charged for water.

“We want to make sure as a board we let everyone know what we’re dealing with,” said Mayor Joseph Biggs Johnson at Monday night's village board meeting.

Trustee Al Graham explained to the more than 40 residents who attended that the village has a 40-year contract with the county, with 22 more years to go, guaranteeing a rate of 60 cents per 1,000 gallons of water used.

“Now they want us to do away with that contract and sign another allowing them to charge any amounts the county decides are necessary,” Graham said. “The money collected will be used to provide water to other Genesee County residents, and as we already have a water system in place, we won’t get any benefit from this increase.”

Genesee County said the increase is necessary because they underestimated the demand for water throughout Genesee County and the rate needs to be raised substantially to generate the money to pay for more water.

The Corfu Village Board is further upset by what it considers a threat from the county attorney to take away sales tax from the village, even refusing to maintain water lines if Corfu fails to sign the new contract.

One resident remarked the village was essentially being held hostage.

“We don’t like the words ‘blackmail’ or ‘extortion’ but we’ve been told we can sign or we can lose a big portion of our sales tax, which we use to run our village,” the mayor said.

He said then they would be forced to raise taxes.

Trustee Tom Sargent said other towns had already signed, except Corfu, Darien, Pembroke and the City of Batavia.

Johnson said another thing which upset them was the fact the county couldn’t tell them if the charge would increase past 60 cents, and no plans or improvements were ever discussed with the village before the decisions were made.

Graham said the village board has to investigate legal action.

“But we have to expect if we come in with a lawyer, the county will have 20,” Johnson said.

He said the county justifies the increase by rationalizing in this way: When the entire county has water, it will attract more business and more residents, which will result in more sales tax.

“But will it be enough to offset the extra cost?” Johnson asked.

A lady in the audience said there was no guarantee new businesses would be coming in, when businesses are moving out of New York State and people are leaving.

Another resident asked why areas which still need water couldn’t be charged enough to pay the cost, but the mayor explained the county wanted to be fair and charge the entire county.

When someone asked what the board’s stance was, the reply was, “We won’t sign.”

That was met with rousing applause from the crowd.

“If we would benefit by better water, it would be acceptable to pay more,” Graham said, “but we aren’t going to.”

The board said it has been getting pressure from the county for several months to sign.

Village Attorney David Saleh said taking money from one source as a penalty for another may be legal, but it also may be a breach of Corfu’s existing contract, something he is looking into.

The board urged residents to contact their state and county lawmakers and express their concerns.

The county was invited to send a representative to the meeting, but no one attended.

It was decided to schedule another public hearing on a date which is convenient for someone from the county to attend.

An excavator is tearing down what remains of the Stumblin' Inn in Elba this afternoon while fire crews keep the smoldering wood wet and attack hot spots that flare up as they get air.

"The building was constructed in the late 19th century, balloon construction, and there was fire throughout the building," said Jim Bouton, deputy emergency management coordinator. "The only way to successful to get to the hot spots now is with heavy equipment to haul the building apart so they can get to these hot spots in the building, otherwise we’re going to leave here and there is a potential for this lighting back up and we don’t want that to occur."

Bouton explained that as the fire caused the roof to collapse, it created trapped hot spots that can't be reached without pulling the wood apart, and as that happens, air hits those pockets and feeds the fire.

Crews will keep working on the fire until there's no evidence of remaining hot spots.

Meanwhile, the Village of Elba remains closed to through traffic.

The cause of the fire is officially undetermined. Investigators suspect an electrical issue.

UPDATE 4:55 p.m.: In about a half hour, all equipment will be removed from the roadway, so it can be cleaned up, the chief says.

Previously:

• Fully involved structure fire at Stumblin' Inn, Elba
• Fire destroys the storied Stumblin' Inn, a community landmark since the 19th century

Over the decades, many local residents enjoyed their first beer at the Stumblin' Inn in the Village of Elba, and some also drank their last there, noted Chuck Hoover, who drank his first beer there when he turned 18 (the legal drinking age then).

Today, the bar, former hotel (built in 1875), live music venue, and community hub was destroyed by fire.

"At about 9 a.m. we were dispatched for fire on the outside of the building, a couple minutes later when we arrived there were flames coming from the north-northeast side, coming out of two bottom windows, and one window on top," said Elba Fire Chief Mike Heale, adding that they are investigating whether the blaze began inside or outside.

The fire quickly went to a second, third and possibly fourth alarm, Heale said.

Multiple power lines stretched in front of the building were a problem and the logistics of setting up the hydrants and tankers, and truck placements were difficult in the village setting, Heale said, but thanks, in part, to recently installed village fire hydrants, firefighters were able to put a lot of water on the fire quickly.

The balloon construction of the building allowed flames to quickly climb into the attic and then across the length of the structure, which is a total loss.

"We got a good jump on it," the chief said. "We were on point with our pre-plan. We caught a break with the (lack of) heat. ... We attempted to go in through the backside but we immediately pulled people out."

Building owner Steve Goff and his brother, Jim Goff, manager of the bar, both got out of the building safely before the first firefighters were on scene. Steve Goff acquired the building in 1979, when the bar became the Stumblin' Inn.

Rehab for firefighters was set up at the Elba Fire Station and there were enough responders from two counties so that firefighters were rotated through to keep them hydrated.

The fire was reported to be under control shortly before 1 p.m.

According to the 1985 History of Genesee County, published by the Holland Purchase Historical Society with assistance from the Genesee County Department of History, Elba's first hotel, the Pine Hill Hotel, opened in 1815 and was owned by Steve Harmon.

The hotel was destroyed by fire in September of 1874. A new hotel was built and was in operation by July 23, 1875. The Elba or Swartz Hotel (a reference to the Swartz family who took it over from W. B. Moreau in 1882 and operated it for more than 50 years) was passed down through the years and had several different owners before Goff bought it.

Other owners have included Charles and Frank Zambito, Tony and Alice Tartaglia, Tom and Marty Greer, Betty and Tom Hemmerick, and Peter C. Marowski.

"Hotels and taverns have also played an important role in the lives of Elbans since the early days when Wyllis Tavern provided, food, drink and lodging for travelers and a place for local people to meet for refreshments and to get the news," the history book notes.

"It's been here for a lifetime," said Doug Chappius, who along with his wife, Sandra, have owned and operated Chap's Elba Diner at 5 S. Main St., Elba, for the past seven years. "I can remember when I was a kid coming here. As soon as I turned drinking age, that's where I went. I'm from Albion. I remember riding snowmobiles, four-wheelers here.

"Everybody used to come here. It's a loss for party people."

Chappius said when the fire broke out, "a lady came into the restaurant and she said 'There's a fire over there. Can I get a bucket of water to put it out?' She didn't seem very excited but I told my dishwasher to bring a bucket of water over there.

"I guess there was a little fire on the floor -- inside right by the front door -- and by the time he got there, it blew the window out and he backed off and came back."

Chuck Hoover, a lifelong resident of Elba, says "It's a sad day in Elba" because the Stumblin' Inn holds a lot of memories; it was an Elba landmark.

"It was a place where people gathered to meet, they sponsored go-cart rides, held parties," Hoover said. "It was just a good place for people to gather and meet. Listen to some live music from time to time. We use to go there after the field day, after reunions. It was old-school."

He said the Stumblin' Inn has been a community gathering place for years and the Goffs hosted many community charity events.

Bob Given, who has lived in Elba for 55 years, said he remembers when the hotel was three stories and there was a dance floor on the third floor. There was a restaurant that served spaghetti and fish fries on Friday night.

"The older you get, the less you frequent those places," Given said. "I'm glad it went on a day like today -- not with the wind blowing or in 10-below weather."

The Stumblin' Inn was popular with local musicians and area residents who enjoy live music.

"The Stumblin Inn has been a staple in the local music community for so long, it's hard to imagine a world without it," said Paul Draper, a local musician and music promoter. "It's a place where a lot of us musicians cut our teeth and were able to grow and learn to be better entertainers.

"There are not too many places around that would give a new band with no name or following an opportunity to play. The Stumblin' provided that. This is truly a sad day for the local music community and we are already prepared to help Jim and 'Stork' in any way that we can."

Howard Owens contributed to the story. Photos by Howard Owens.

Jim Bouton, deputy emergency management coordinator, comforts Steve Goff, owner of the Stumblin' Inn. Goff is also pictured below talking with Deputy Austin Heberlein.

A fully involved structure fire is reported at 1 S. Main St., Elba, the Stumblin' Inn.

Elba fire dispatched. 

Batavia's Fast Team, Oakfield, Alabama, also dispatched.

UPDATE(S) (By Billie) 9:49 a.m.: Byron Fire Department is asked to stand by in its fire hall. Fire police are coordinating to shut down roads in the vicinity to accommodate fire equipment. National Grid and National Fuel contacted to shut down utilities. The upstairs apartment is in flames.

UPDATE 9:55 a.m.: Barre Fire Department is called to provide mutual aid.

UPDATE 9:57 a.m.: More Elba Fire Police are called to the scene. Firefighters are going to hook up a ladder in the back to attack the fire. "Can you get the owners off that back deck?!" one firefighter yells to another.

UPDATE 10:02 a.m.: "Smoke is changing. Smoke is changing -- gettin' darker!" a fireman says.

UPDATE 10:06 a.m.: "Presbyterian Church people are startin' to show up. They can get to the church but they can't get much farther," says a fire policeman. More fire police from Barre, Byron, Oakfield are to be called to the scene.

UPDATE 10:09 a.m.: All interior firefighters are ordered out of the structure.

UPDATE 10:10 a.m.: Mercy medics #2 and #3 are called to the Stumblin' Inn.

UPDATE 10:17 a.m.: Utility reps are on scene. All power is turned off. National Fuel rep is on scene. National Grid has a 30-minute ETA. Power needs to be shut off still. Byron is asked to send an engine to stand by in Elba's hall.

UPDATE 10:27 a.m.: Two Barre Fire Police have arrived. One will be deployed at Church Street, the other at Bridge. Tankers called to provide mutual aid from Bethany, Stafford and Alexander.

UPDATE 10:36 a.m.: A tanker from East Pembroke is called to the scene.

UPDATE 10:52 a.m.: More fire police are called in from Stafford, East Pembroke and Alexander. They are going to post someone at Drake Street Road and Weatherwax Road, and then at Pekin Road and "back out to Townline." National Grid is arriving on scene.

UPDATE 10:57 a.m.: All occupants are believed to be safely out of the building.

UPDATE 11:03 a.m.: The Elba chief said the first started on the northeast corner of the first floor and flames were shooting out of three windows when they arrived. Now there is heavy black smoke showing but no flames. More fire police out of Orleans County are called in. "People are sneakin' by" laments the Elba Fire Police commander.

UPDATE 11:38 a.m.: All eastbound traffic will be closed at Route 262 per fire command. Law enforcement is requested to the fire command center.

UPDATE 12:07 p.m.: Power to the village is shut off.

UPDATE 12:56 p.m. (By Howard): The chief reported the fire under control about 10 minutes ago. Extensive overhaul underway. Power will be restored to the village shortly.

UPDATE 1:11 p.m.: Red Cross requested to the scene to assist one adult.

UPDATE 2:04 p.m.: Firefighters are packing up. An excavator is arriving on scene to finish demolition of the building.

UPDATE 5:45 p.m.: Roadways are being reopened.

UPDATE 6:30 p.m.: Elba assignment to 1 South Main St. is back in service.

Starting with this payroll, 22 Genesee County employees will no longer have money deducted from their paychecks to help support the Civil Service Employees Association, a union that represents 214 county employees, according to County Manager Jay Gsell.

The change is a result of a 5-4 Supreme Court ruling that week, Janus v. AFSCME  (analysis by SCOTUSBlog), that struck down rules that allowed fees to be charged to non-union members who were employed by a government agency under terms of a collective bargaining agreement.

There are four unions representing 353 county employees, Gsell said, but only CSEA was receiving fees from non-members.

Interim City Manage Matt Worth said there are no City of Batavia employees who are covered by collective bargaining who are not members of their respective unions.

According to a Gannett News Service report, 31,000 state employees from throughout New York, will cease paying the fee this week.

Federal employees covered by collective bargaining are not required to pay the fee, and according to Justice Samuel Alito, who wrote the majority opinion in Janus, 28 states prohibit such fees.

Unions at the federal level and in these states have not been thrown into “pandemonium” nor has there been “conflict and disruption” without these fees, Alito noted.

The suit over union fees that eventually made its way to the justices was initiated by Mark Janus, a child-support specialist for the Illinois Department of Healthcare and Family Services. He objected to the fees because they went to such political speech intended to influence government agencies on issues such as salaries, pensions, and benefits for government employees.

That, he said, violated his First Amendment rights by forcing him to support speech that did not necessarily conform to his personal views.

“In simple terms, the First Amendment does not permit the government to compel a person to pay for another party’s speech just because the government thinks that the speech furthers the interests of the person who does not want to pay,” Alito wrote.

Alito noted that public spending, including the “mounting costs of public-employee wages, benefits, and pensions” – has skyrocketed in the past four decades. As a result, collective bargaining has gained a new political significance making the issue of fees to support that speech a bigger First Amendment issue.

In her dissenting opinion, Justice Elena Kagan warned that the ruling could disrupt “thousands of ongoing contracts involving millions of employees.”

UPDATE 5:50 p.m.: The county schedule for payroll deductions for union fees are: 

• AFSCME: $18.76 bi-weekly
• DSA: $22 bi-weekly
• SEA: $15.55 bi-weekly
• CSEA: bi-weekly range is $18.73 - $30.15

Three people were taken into custody around noon at Park and Oak, Batavia, after being stopped as shoplifting suspects.

Charges are pending and their names have not yet been released but police said they recovered a cache of goods allegedly stolen from Tops Friendly Market and Walmart.

The groceries from Tops included, officers said, steaks, lobster, shrimp, a large roast, gluten-free pizza, and several household items, including toilet paper.

The items recovered that appeared to be stolen from Walmart included archery bows.

The suspects appear not to be local residents.

A caller had followed the red van from Tops until police initiated a traffic stop at Park and Oak. The caller reported observing the driver of the red van pounding the steering wheel in an apparent realization they had been caught.

Police are still investigating and will release more information later.

Premier Genesee Rehabilitation and Nursing Center, the former county nursing home on Bank Street, Batavia, was hit by two air conditioning outages this week, according to the facility's director, but the AC is working now and portable ACs are being delivered to help improve cooling on the third, fourth, and fifth floors.

The first outage was only for a couple of hours on Monday and it was repaired that day. Yesterday, the outage lasted longer and residents were moved from the upper floors to the first-floor mall during repairs and re-cooling the building, said Executive Director Christine Schaller.

"It took a few hours to cool down the upper floors due to extreme outdoor heat," Schaller said. "We will continue checking all room temps routinely today and taking other measures to keep everyone cool."

Lisa Sofia, CEO of Premier Healthcare Management, has informed staff that 20 portable air-conditioning units have been ordered for the Batavia facility. Five are expected to arrive today and 15 on Saturday.

The units, Schaller said, will be used to assist in keeping the upper floors cool during the current heat wave.

Schaller shared an internal memo from Director of Nursing Tina Ferrando about the situation yesterday. She said state officials arrived at 1:45 p.m. to survey the situation.

"They took temperatures, interviewed residents and staff, as well as myself," Ferrando wrote. "(They) saw our plan in action -- all residents from upper units (3, 4, and 5) being comfortably cared for on the first floor -- using the mall walk, main dining room, and rehab dining rooms. It went well. We were doing everything we said we would and they seemed pleased with that."

The Batavian contacted the state's spokesman for the Department of Health. He didn't immediately have information available but said he would look into it and get back to us.

Ferrando said upper floor temps were checked about 7 p.m. and had fallen to below 81 degrees, so staff began moving residents back to those units. They were back in their units by 8:15 p.m.

"All residents were kept comfortable, enjoyed ice water, lemonade, juice, popsicles, ice cream, and other refreshments all day," Ferrando wrote, "with movies and music."

She promised supervisors will stay on top of the situation, regularly checking temperatures and immediately report any temperature increases.

UPDATE 2:30 p.m.: Statement from the State Department of Health:

“Ensuring the well-being of all nursing home residents is of the utmost importance of the state health department.  We are investigating concerns related to the Premier Genesee Rehabilitation and Nursing’s air conditioning system.  The Department will continue to closely monitor the situation.”   

News of the theft of urns from the Batavia Peace Garden has prompted community members to come forward and help both with the replacement of the urns as well improving security at the park.

Carol Grasso told WBTA this morning that Michael Tomaszewski, owner of Tomaszewski Funeral & Cremation Chapel, has offered to replace the urns.

Another anonymous donor has offered to help pay for security cameras and improved lighting.

"Michael Tomaszewski, he's such a great guy; he goes so much for our community," Grasso said. "He called Paula (Savage) up and he said, 'I'm going to replace those for you.' We were just the ecstatic. He was kind enough to do this for us. He's just always been such a good supporter of the Peace Garden."

As for security, the Peace Garden board had already decided to purchase a video camera and lighting but still needed to raise more money for it. The anonymous donation helps.

"It's not cheap, you know, and then you have to have them installed," Grasso said. "We don't have any money coming into the Peace Garden. Everything we do is through donations and fundraisers. We're very fortunate to have a community that is supportive of us."

Grasso thinks it took more than one person to steal the urns.

"They were two huge, large -- they probably come up to your waist, that's how big they are," Grasso said. "They are heavy and solid granite. They're just beautiful, black. They are just gorgeous ... whoever took them, it had to be a couple of people because you can't just move them."

WBTA is news partners with The Batavian.

K-9 "Destro" flushed out three suspected teenage criminals from Buffalo yesterday afternoon after they got caught allegedly trying to steal a pair of ATVs from a residence at 1888 Broadway Road, Darien.

Multiple deputies and troopers responded to the area at 1:31 p.m. after a caller reported catching three people trying to leave with his house with the ATVs. 

The apparent thieves abandoned the ATVs and fled west on Broadway, through a cemetery, and into a cornfield.

Officers surrounded the area while another kept an eye on an abandoned vehicle parked near the farm field that had apparently been stolen from a location in Lackawanna.

Deputy Chris Erion and Destro were among the officers who responded.

Erion said one subject surrendered as soon as he heard Destro become vocal at the start of the search. The other two were located by Destro about 10 minutes later hunkered down in the corn.

Destro also located a backpack that appeared to contain stolen items, Erion said.

David C. Edwards, 19, of Buffalo, attempted grand larceny, 3rd, and criminal possession of stolen property.

The other two suspects are 17 years old. One was charged with attempted grand larceny, 3rd, criminal possession of stolen property, 3rd, and criminal mischief, 2nd. The other was charged with criminal mischief, 2nd.

The investigation is ongoing and additional charges are pending.

Others responding to the incident included deputies Kevin McCarthy, Corey Mower, Ryan Delong, Rich Schildwaster, Patrick Reeves, and investigators Howard Carlson, Chad Minuto, Joe Loftus, and Chris Parker, and Sgt. Brad Mazur and Chief Deputy Joseph Graff. The State Police, Corfu PD, and Environmental Conservation officers also assisted.

(Initial Post)

Eight years ago voters turned down a proposal to shift the years served in a single term for a county legislator from two years to four but the idea has resurfaced again and the county is scheduling a public hearing on the proposal for 5:30 p.m., Aug. 8, in the Old Courthouse.

The proposed change in the local law would take effect with the 2019 election and have four current members of the legislature run for four-year terms and five would run for two-year terms; then in 2021, those five final two-year term seats would become four-year terms in that election. Thus, the terms of legislators would be staggered instead of all nine members running at once.

That, said Marianne Clattenburg, chair of the Ways and Means Committee, raises the possibility that at some point in the future a majority of the legislature could consist of all new members with few experienced members.

"There's a lot to learn in this job," Clattenburg said.

Members on Monday shared a common experience: Voters surprised that somebody they seemingly just voted for coming around and asking for petition signatures for office.

"I know," Clattenberg said, "I’ll be passing out petitions and they’ll say, ‘what are you doing?’ and I’ll say, ‘I have to run again.’ ‘Why?’ ‘Well, it’s only two years.’ ‘It is?’ They just sometimes automatically assume we’re like the City Council."

Clattenberg said the County Legislature is the last elected body in the county with two-year terms.

Legislator Shelly Stein agreed.

"Whenever I’m at people’s doors with petitions they say, ‘why are you here again?’ " Stein said. "It really is the fact that they expect our terms to mirror everybody else’s in the county.”

It's up to voters to change the local law that governs the length of terms for legislators, Legislator Andrew Young noted, and said, "I think it just makes sense."

At the public hearing in 2010, two people spoke in favor of the change and two against, including former Legislator John Sackett.

"I believe that you cannot have representative government by having longer terms of office," Sackett said.

The proposal failed among voters, however, despite getting popular support in The Batavian's admittedly unscientific online polls. The Batavian ran three polls about the topic (one, two, three).

It's not exactly a facelift Gen. Emery Upton will get on the Soldier's Monument at the corner of Ellicott and Main streets in the City of Batavia, but when his bronze sculpture turns 100 next year, you should be able to see it better at night.

Lighting Design Innovations, a Batavia-based company, is planning to install new lighting on the monument next month thanks to $1,500 in donations the company has received for the project.

The county's Ways and Means Committee is recommending the Legislature accept the donation.

Assistant County Manager Matt Landers said company officials describe the current lighting as "flood lights" and their designers will come up with a plan to appropriately light the monument with more modern fixtures to make it more attractive when viewed at night.

LDI, which donated the rotating color lighting for the cupola of the Old Courthouse last year, is also trying to secure $6,500 in donations to pay for colored lighting on two of the pillars of the Old Courthouse.

"They are obviously very passionate about lighting," Landers said.

The offer was well received by the members of the Legislature.

"I think it’s very generous of them," said Marianne Clattenburg, who is chair of Ways and Means.

The Soldier's Monument was first conceived by local citizens in 1882 as a way to pay tribute to those from the area who died in the Civil War. A committee was formed to champion the idea but fundraising, apparently, didn't start until 1903. The first donation came from Albert Knapp.

By the end of the year, the fund reached $1,713.66.

In 1904, voters approved a $10,000 expenditure for the monument. The city agreed to pay another $15,000.

In 1907, there was a move to put Lincoln's bust atop the monument.

The next year, there was an effort to locate the monument in what is now Centennial Park (then called State Park) instead of its present -- and originally proposed -- location.

In 1911, the Genesee County Soldier's Monument Association was formed.

In 1917, the Board of Supervisors viewed a wooden model of the proposed monument and appropriated $10,000 for the project.

The city, at that point, was willing to chip in $5,000.

The granite structure was constructed in Barre, Vt., in 1918. C.A. Worden, a New Yorker, was the designer.

The base was placed in August 1918.

By October 1918, crews were ready to affix the eagle at the top, with a 3-foot, 10-inch tail, and an eight-foot wingspan. The bronze figure of Gen. Emory Upton was paid for by his sister, Sarah Edwards. Another sister, Sara Upton Evans, also made a contribution.

Supervisors accepted monument in January 1919.

As of February 1919, the City had not yet paid for its share of the monument. The county threatened to sue the city and after the county paid the $5,000 due from its contingency fund, the City Council approved paying its $5,000 share In April 1919.

The monument was dedicated Aug. 6, 1919. 

Photo: File photo by Howard Owens.

Jacob John Sponaugle, 19, of Liberty Street, Batavia, is charged with menacing, 2nd, and criminal possession of a weapon,4th. Sponaugle allegedly pointed a shotgun at another person during a road rage incident reported at 2:52 p.m. Friday at Main and Bank streets in Downtown Batavia.

Jeremiah Lamar Gregory Burt, 23, of Victoria Avenue, Buffalo, is charged with unlawful possession of marijuana. Burt was stopped at 6:45 p.m. Saturday on Main Road, Pembroke, by Deputy Andrew Mullen.

Jacob Lee Jasinski, 20, of Akron Road, Corfu, is charged with DWI, moving from lane unsafely, and unsafe tires. Jasinski was reportedly involved in a one-car accident at 3:55 a.m. Sunday on Main Road, Pembroke. A utility pole was broken in the accident. The accident was investigated by Deputy Ryan Young.

Stephen Michael Milroy, 23, of Junction Road, Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Milroy was arrested on a warrant and jailed on $500 bail or $2,000 bond.

Matthew Richard Jackson, 27, of Vernon Avenue, of Batavia, is charged with: DWI; driving with a BAC of .08 or greater; leaving the scene of a property damage accident; driving left of pavement markings; and moving from lane unsafely. Jackson was stopped at 3:14 p.m. Sunday on Main Road, Pembroke, by Deputy Mathew Clor.

John Kelly, 27, of Parkway, Rochester, is charged with criminal trespass, obstructing governmental administration, resisting arrest, and harassment, 2nd. Kelly was charged following an investigation into an incident reported at 10 p.m. June 17 at a residence on Bethany Le Roy Road, Stafford, by Deputy Rachel Diehl.

Cherie M. Oddo, 57, of Maple Street, Batavia, is charged with petit larceny. Oddo is accused of stealing $7.69 worth of merchandise from Tops Friendly Market.

Joseph Thomas Burr, 24, of North Lyon Street, Batavia, is charged with robbery, 3rd, two counts of grand larceny, 4th, and endangering the welfare of a child. Burr is accused of stealing another person's wallet during an argument reported at 3:30 p.m., Friday.

Danny D. Williams, 29, of Pearl Street, Batavia, is charged with harassment, 2nd, endangering the welfare of a child, and criminal mischief, 4th. Williams was allegedly involved in an incident on Central Avenue reported at 8:45 p.m. June 11. Williams was also charged with petit larceny for allegedly shoplifting at Tops Friendly Market on June 17. He was also arrested on a warrant out of City Court.

John A. Snook, 30, of Oak Orchard Road, Albion, was arrested on a warrant for alleged failure to comply with a court-ordered program. 

Joseph W. Freeman, 34, of Platten Road, Lyndonville, was arrested on a warrant and ordered held on $1,000 bail. No further details about the charges released.

Christine Marie Wagner, 37, of East Main Road, Batavia, is charged with petit larceny. Wagner was charged following an investigation into possible employee theft at a local business. Also charged with petit larceny, Irisa M. Hill, 22, of Wood Street, Batavia. 

John D. Radley, 57, of Route 20A, Warsaw, is charged with DWI and driving while impaired by alcohol. At 4:37 p.m. on June 22, police were alerted to a person reportedly drinking alcohol in a running motor vehicle in the parking lot of Tops Friendly Market. Upon arrival, police allegedly found Radley slumped over the wheel, asleep.

A 16-year-old resident of Batavia is charged with unauthorized use of a vehicle and criminal possession of stolen property. 

Joshua P. Fields, 21, of Batavia Bethany Townline Road, Batavia, is charged with aggravated unlicensed operation, 3rd, and unsafe backing. Fields was arrested on a warrant. He posted bail and was released.

Thomas Andrew Woldford, 42, of Ringquist Street, Las Vegas, is charged with DWI and failure to dim headlights. Woldford was stopped at 1:19 a.m. Monday on Route 33, Stafford, by Deputy Jeremy McClellan after Woldford allegedly failed to dim his headlights for oncoming traffic.

Brittany A. Young, 23, of Buffalo, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, unlicensed operation, 3rd, and speeding. Young was stopped by State Police on Route 77 in Darien at 3:45 p.m. on June 25. While interviewing the driver, troopers detected the odor of marijuana emanating from the vehicle. Young was allegedly found to be driving on a suspended license and was also found to be in possession of marijuana and a controlled substance. Young posted $500 bail and was released from jail pending her next court appearance in Darien Town Court.

Vikki L. Sullivan, 32, of Norfolk, Va., is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. State Police came into contact with Sullivan at 2:39 a.m. Sunday at an undisclosed location in the Town of Darien.

Shawn R. Bowick, 32, of Leicester, is charged with unlawful possession of marijuana and a license plate violation. Bowick was stopped by State Police at 6:15 p.m. Friday on Route 63, Batavia.

Rahiim J. Collazo, 40, of Rochester, is charged with aggravated unlicensed operation, speeding, obstructed vision, license plate violation, and no license. Tiffany M. Santos, 35, of Rochester, is charged with permitting unlicensed operation and facilitating aggravated unlicensed operation. Callazo was stopped by State Police at 7:40 p.m. Friday on Batavia Elba Townline Road, Batavia.

A 17-year-old resident of Attica was charged with unlawful possession of marijuana by State Police during a traffic stop on Route 98 in Alexander at 1:54 a.m. on Sunday.

Paula Savage looks forward to her regular visits to Batavia’s Peace Garden, a concept she founded in 2012 for the 200th anniversary of the War of 1812.

Her visit on Monday morning, however, was met with shock, when she discovered someone had stolen two large urns and a ceramic snail lawn ornament from the Garden on Main Street.

“I come about every other day to water the urns and pull weeds,” Savage said Tuesday morning, as she waited for police to arrive. “This is terrible. I know people in our community respect this garden.”

The large footed urns were purchased by Savage and placed on either side of a marble bench near the flags.

She was alerted to the theft by a man who said he frequently walks his dog in the area. He noticed loose dirt on the footbridge over Tonawanda Creek, which leads Savage to believe the thieves came from the other side of the creek.

“Possibly the urns got too heavy and they dumped some of the dirt out on the bridge,” she said. “There had to have been a group of people to carry those two big urns and the ceramic lawn ornament.”

Savage said this garden is revered by the community and is promoted by New York state. It was the first Peace Garden on the New York State Bicentennial Peace Garden Trail.

“There is such an emphasis on keeping this garden beautiful, and a lot of effort goes into maintaining it,” Savage said. “I came to water the urns because I wanted the garden to look pristine for the Fourth of July.”

Batavia Patrolman C.J. Lindsay said they will be checking security cameras at businesses across the street.

Savage said the Peace Garden Committee will be investigating the possibility of security cameras and/or motion lights in the area.

“We don’t want this to happen again,” she said.

The urns stolen were dark colored and made of a resin, and the lawn ornament was a ceramic snail. Savage said if anyone sees anything resembling them, they should contact the Batavia Police Department.

Top photo: Paula Savage, founder of the International Peace Garden, shows Batavia Police Officer C.J. Lindsay where someone stole two large urns from the Peace Garden on Main Street during the weekend.

Paula Savage holds a handful of flowers which were pulled from two large urns before vandals stole them out of Batavia’s Peace Garden, presumably during Sunday night. Photos by Virginia Kropf.

Ernest A. Smith, 36, of Penway Street, Philadelphia, is charged with forgery, 2nd, and falsifying business records, 2nd. Smith was arrested at Darien Lake at 9:15 p.m. Wednesday on charges of trespass and false personation. He was transported to the Genesee County Jail where he allegedly provided a false identity of Calvin W. Smith III and forged that name on documents. He was jailed on $25,000 bail, $50,000 bond.

Russell Ray Miles Jr., 50, East Main Street, Batavia, is charged with criminal mischief. Miles is accused of intentionally breaking the front grill of a vehicle that was for sale on East Main Street, Batavia, at 4:54 p.m. June 21.

John A. Stoneham, 54, of Bethany Le Roy Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Stoneham was stopped at 10:03 p.m. Thursday on West Main Street, Batavia, by Sgt. Andrew Hale.

Stacy Lynn Parks, 38, of East Avenue, Hilton, is charged with DWI, felony DWI with a passenger less than 16, driving with a BAC of .08 or greater, and endangering the welfare of a child. Parks was stopped at 11:14 p.m. Wednesday on Route 20, Darien, by Deputy Erik Andre. Parks allegedly had a 1-year-old child in her car.

Rachael M. Lochner is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on April 4 in the Town of Pavilion that Lochner drove a 2016 Mazda on South Street Road while having a BAC of .08 or more and while a child age 15 or less was a passenger in the vehicle. In counts two, three and four the same crime is alleged while a second, third and fourth child, respectively, ages 15 or less, were passengers in the vehicle. In count five, she is accused of aggravated driving while intoxicated, per se, as a misdemeanor, for having a BAC of .18 or more at the time.

Brandon C. McCoy is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Jan. 27 in the Town of Pembroke that McCoy possessed brass knuckles. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of fourth-degree grand larceny, a Class D felony, on Aug. 3 in Wyoming County Court. That conviction forms the basis for the current indictment.

Brandon C. Morgan and Kyle Z. Morgan are indicted for the crime of criminal possession of marijuana in the third degree, a Class E felony. It is alleged that on Feb. 13 in the Town of Stafford that they knowingly and unlawfully possessed one or more prepartation, compounds, mixtures or substances containing marijuana that had an aggregate weight of more than eight ounces.

Carl William Altman, 54, of Clipnock Road, Stafford, is charged with felony DWI, felony driving with a BAC of .08 or greater, driving a motor vehicle on a sidewalk, and unregistered motor vehicle. Altman was arrested following an investigation by Deputy Eric Meyer at 10:47 p.m. Tuesday at Darien Lake Theme Park, into a report of a vehicle driving on a sidewalk in a densely populated area. Altman was jailed on $2,500 bail or $5,000 bond.

Trisha Marie Craig, 24, of South Lake Avenue, Bergen, is charged with endangering the welfare of a child. Craig is accused of failing to secure her residence and allowing her 4-year-old son outside the residence unsupervised for an extended period of time. The child was reportedly found walking on Route 19 in the Village of Bergen.

Debora Marie Donoghue, 48, of East Avenue, Holley, is charged with criminal contempt, 2nd. Donoghue allegedly violated an order of protection May 20.

The police department's pitch for a military-surplus armored personnel carrier got a favorable hearing from the Batavia City Council on Monday evening during a conference meeting.

The council will be asked to approve an application from the city for such a vehicle, an MRAP (Mine-Resistant, Ambush-Protected), through the military's program for releasing decommissioned equipment to civilian law enforcement.

Chief Police Shawn Heubusch opened the meeting by providing background on the Emergency Response Team and explaining how such a vehicle might be used in the county.

The ERT was formed as a city-only unit in 1997. County deputies joined the unit in 2007.

The purpose of the ERT is to respond to situations that are beyond the capability of routine patrols, such as high-risk warrants and arrests, barricaded subjects and hostage situations.

Currently, the transport vehicle for ERT is a 2010 Ford Cube Fan. It is not four-wheel drive, is not a rescue vehicle, and offers no ballistic protection.

On Dec. 1, 2016 when Kyle Johnson killed a neighbor on Selden Road, set his own house on fire, and then fired on responding emergency personnel, one factor in bringing the situation to a peaceful conclusion was a Monore County officer happened to hear the police traffic on his emergency radio that morning and took matters into his own hands to muster his county's SWAT team and their two armored vehicles to assist.

It was one of those vehicles that were able to get close enough to Johnson, as he paced near his smoldering home with a long rifle in his hands, Heubusch said, that enabled the negotiations that led to his eventual surrender.

Sgt. Chris Camp is the current ERT commander, responsible for all of the administration and training of the unit, and he researched the options for an armored vehicle.

He spec'd out a Lenco Bearcat, which is a purpose-made armored rescue vehicle for law enforcement. The base price for a new one is $195,000. Camp added in options he thought were needed for our climate and terrain and that brought the price up to $255,000.

He then researched the option of the city acquiring a surplus MRAP. The military gives away these $650,000 vehicles to law enforcement agencies once they've been decommissioned. Livingstone, Saratoga and Warren counties in New York have all received one.

Most likely, a decommissioned vehicle will come available in California, which was the case for Livingston and Saratoga, making the transportation cost about $7,000 (Warran was lucky and retrieved its vehicle from Ft. Drum).

Outfitting the vehicle for law enforcement would cost from $7,000 to $12,000.

There may also be repairs necessary -- some of these vehicles have been sitting for awhile and need new batteries and tires. Livingston had to replace the fuel system on its MRAP.

Fortunately, the chassis and engines are International, just like the city's current dump trucks, so local vehicle maintenance can handle them, but there's also a former military MRAP mechanic working for Livingston County.

The vehicle would need to be stored, by government regulation, in a secure location. That would mean it couldn't be parked behind the police station, as the current transportation van is, so it would be stored at the city's vehicle maintence yard or at the Sheriff's Office, at least until, and if, Batavia PD gets a new headquarters.

County legislators Gary Maha and Marianne Clattenburg, along with Sheriff Bill Sheron, where in the audience for the presentation.

Heubusch indicated he expects the County to split the costs of the MRAP but the Legislature would need to approve the expense.

The city has in its asset forfeiture fund a little more than $10,000. That money can only be used for law enforcement purposes and Heubusch said he would anticipate using that money for the MRAP if one were awarded to the city.