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City Council agrees to auction foreclosed properties and develop two others

By Timothy Walton

The City of Batavia has eight properties owned by people who didn't pay their taxes. Monday night the city council voted to move forward with getting new owners for the properties. It agreed to put six of them up for auction, sell one to Habitat for Humanity and explore redevelopment options for the other.

The properties consist of five houses, plus two parcels of land zoned residential, and one commercial property located at 13-15 Jackson St., which is in Jackson Square.

The auction would hopefully allow the city to gain back some, if not all, of the unpaid taxes.

Councilman Bill Cox questioned that if the properties were sold to cover back taxes, would that change their assessed value? City Manager Jason Molino said he would be surprised if some of the properties sold for the amount owed.

They will be sold for prices lower than the surrounding houses. But in a distressed sale, Molino said the price of a "spotted" property is typically considerated without regard to the higher values of those around it.

Three of the residential properties have tenants. And one of the properties on Ellicott Street will have to be condemned due to the "terrible" shape it's in.

Council agreed to sell one of the properties to Habitat for Humanity, which will rebuild the house so it can become the home of a low-income family. Council saw this as an opportunity to take a house in rough shape and ensure it would be fixed up for a new family.

This was done as part of the Housing Development program.

Council President Marianne Clattenberg said that by starting out with one house being redeveloped, it gives them a chance to "start slow and see how this program works."

Molino carefully chose Habitat in order to virtually guarantee decent results for the first rehab project. Other agencies can be explored another time.

"The goal is to refurbish these houses and put families in them," Clattenberg said. 

Habitat is currently working on a house it bought for around $17,000. But Councilman Samuel Barone noted that it has never come up with the type of money it would need for this house-- nearly $21,000 in back taxes.

Molino said that before a sale contract is written, the nonprofit organization would be asked for a letter of commitment, promising completion of the project.

The only commercial property in arrears, 13-15 Jackson St., will take some time before a new owner can buy it.

The building has some historical background, according to Councilwoman Patti Pacino. Since it's in the Batavia Improvement District (downtown), the council would like to see it developed into something beneficial for the community.

They voted "yes" to seeking development options. The council wants to see the building used for a taxable purpose.

"It's going to take time," says Molino, who will have to gather information about what can be done with the property.

He added that his office has received interest in the building in the past.

Councilman Frank Ferrando said something needs to be done to avoid these situations. Action needs to be taken to get people and businesses to stay in the area.

"We talk about it and we don't take action," Ferrando said. "That's why these things happen. There isn't enough opportunity."

Councilman Bob Bialkowski summed the whole property situation up by saying "It's just very sad."

Majority at council meeting want more details on possible sale of Falleti Ice Arena

By Timothy Walton

Even though there are roadblocks in the way of selling the Falleti Ice Arena, a majority of Batavia City Council members said last night they to find out how much revenue could be generated by selling it. They also want more details about the original purchase.

On a 4-3 vote, after much discussion, and more information from City Manager Jason Molino on the difficulties of a sale, the council instructed Molino to gather facts about the purchase and, if the rink was sold, the options of handling the money.

With councilmembers Kathy Briggs and Tim Buckley absent, Councilman Frank Ferrando called for a vote at the next meeting on whether the city should continue to look at a possible sale of the arena.

Councilmembers Bill Cox, Bob Bialkowsk, Sam Barone and Rose Mary Christian all voted in favor of getting a professional appraisal.

As for the difficulties involved in selling the arena, Molino explained that the city had recieved $1.2 million for energy capital improvements. It was a 15-year loan.

Approximately $630,000 of that was spent on improvements at the ice rink.

The upgrades included; new lighting; an energy-management system; refrigeration improvements; foil ceiling to keep heat out; new exterior doors; a ventilation system to vent out carbon-dioxide from the Zamboni; and a new boiler that is used for heating both the ice rink and the fire department, which are connected.

These resulted in lower utility costs. The city's lease contract with Firland Management called for Firland to pay the city the difference due to the improvements. That's about $25,000 per year for the city -- roughly 30-percent of the annual $84,000 payment the city has to make for the 11 years remaining on the loan.

According to Molino, the rink was built in 1978 with a Community Development Block Grant, which required the city to build some type of multi-use community center and the vote went to putting up the arena.

Since it was built with CDBG funds, if the rink was sold, the revenue would have to be used to benefit low- to moderate-income families. The project would also need to be approved by the federal Department of Housing and Urban Development.

So the money would probably have to be used to build another community center or to put improvements into an existing one, yet it is not certain if the latter would be allowed.

Councilman Bill Cox asked Molino to submit a formal request to HUD to see what the money could be used for and find facts as to what could be done with revenue if the rink was sold.

Revenue from its sale could not go toward the city's loan. Batavia would have to pay the  balance with other money.

The city would also lose the $25,000 Firland pays toward the loan debt each year.

If the city maintains ownership and renews the agreement with Firland -- which the company wants to do -- the city could expect a total of $400,000 from Firland over the next 11 years. That's enough to cover debt service, including the $75,000 still owed on the Zamboni.

In a previous report, Molino guessed that the sale price might only be four or five times current revenue, or between $300,000 and $400,000. City Attorney George Van Nest has cautioned council members that finding a buyer could be difficult.

The city also receives $5,000 per year for five years from Falleti Motors, which won the bid for the naming rights in December 2006.

After expenses, the city still profits $10,000- $15,000 per year. The money goes into a rink reserve account, which is used for any repairs or building upgrades that may be needed. Any money the city puts into the rink, is money received from the rink.

After listening to Dave Meyer speak at last night's meeting, Councilman Frank Ferrando changed his position and now strongly opposes selling the arena.

He said the council was spending too much time on the issue -- treating it like it is critical to sell the arena.

"We are receiving money and there hasn't been a problem," Ferrando said. "We aren't in business. We aren't doing payroll."

He said Meyers had a good point by referring to the arena as "a park in the wintertime" and offers a lot for kids, families and even adults.

"I am kinda proud that we as a community provide the facility and we provide it in a way that isn't a burden to us," Ferrando said, "and we have income coming from it. We are making a complicated issue out of a simple issue."

Ferrando stated that selling the arena is "as ludicrous as dividing up Kibbe Park and selling it as property. ... I'm not interested in selling that ice rink."

Councilwoman Rose Mary Christian, who's in favor of the sale, argued that "I am not getting any service from the rink" as compared to the fire department and other services.

Councilwoman Patti Pacino responded by reminding Christian, that unlike the fire and police departments that are free to everyone, this is a different type of service because the people that play hockey, pay to use the arena. So the taxpayers aren't paying for sports there that not everyone plays.

Police looking for suspect on routes 5, 237, Stafford

By Howard B. Owens

Sheriff's deputies have converged on the area of Route 5 and Route 237, Stafford, to look for a suspect.

It's not clear what the initial complaint was about, but the caller has stated the suspect threatened to shoot him.

The suspect may be on ATV.

UPDATE 9:10 a.m.: I've not heard much more on this. There was a consultation with DEC for some reason. It sounds like, though not clear, that law enforcement is still on scene.

Man who tried to steal oxycodone given prison term

By Howard B. Owens

A Batavia man who admitted to attempted robbery for trying to steal oxycodone from the Oakfield Pharmacy will spend one-and-a-half to three years in prison.

He must also receive substance-abuse counseling.

Cain Catino, 39, was sentenced in Genesee County Court today for the Sept. 20 attempted robbery, which was thwarted when the store owners wrestled Catino to the ground. It was revealed in court later that Catino had a knife on him at the time.

Last month, his mother, Kathleen Catino, 60, admitted she tried to smuggle oxycodone into her son at the Genesee County Jail. She is scheduled to be sentenced in January.

Elba students provided with information on cyberbullying

By Howard B. Owens

Deputy Tim Wescott and Youth Officer John Dehm were at Elba School this morning to talk with students about cyberbulling and Facebook and mobile phone safety. They explained how to avoid cyberbullying and the legal implications.

Photo and information submitted by Jason Smith.

Two-to-four car MVA reported on Thruway

By Howard B. Owens

Two and possibly four cars were involved in an accident on the Thruway in the area of mile marker 396.

A semi-truck reportedly is jackknifed.

Unknown injuries.

East Pembroke Fire and Mercy EMs dispatched.

UPDATE 1:32 p.m.: Two cars are smashed against a guardrail and the truck is off the side of the road. Traffic is not blocked.

UPDATE 1:40 p.m.: No injuries.

Police Beat: Driver accused of hit-and-run in the city arrested

By Howard B. Owens

Justin J. Wheeler, 37, of Attica, is charged with driving with ability impaired by drugs and failure to keep right. Wheeler is accused of being involved in an alleged hit-and-run accident on South Main Street, Batavia, and was subsequently stopped on Route 98, Town of Alexander, for allegedly operating erratically. (initial report)

Thomas Anthony Sobczak, 45, of West Main Street, Corfu, is charged with criminal possession of a controlled substance and unlawful possession of marijuana. Sobczak was stopped on an unidentified road in Batavia at 2:45 p.m., Nov. 15, for allegedly following too closely behind a semi-trailer by Deputy Brian Thompson. Thompson reported allegedly finding marijuana and codeine in Sobczak's possession.

Jeffrey M. Kohorst, 22, of 6105 Main Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater and speeding. Kohorst was stopped at 9:51 p.m., Saturday, in the City of Batavia by Officer Kevin DeFelice.

Michael Todd Dibble, 19, of Indian Falls Road, Corfu, is charged with unlawful possession of marijuana. Dibble was stopped at 11:35 p.m., Saturday, on Route 5, Town of Batavia, for an alleged traffic violation by Deputy Kevin McCarthy.

A 16-year-old of Pratt Road, Batavia, is charged with unlawful possession of marijuana. The youth was charged following a traffic stop on Angling Road, Pembroke, by Deputy Brian Thompson. A 16-year-old passenger in the car was also charged with unlawful possession of marijuana. The 17-year-old driver was charged with unlawful possession of marijuana, reckless driving and speeding (90 mph in a 55 mph zone). The reckless driving drive stems from an alleged attempt to elude law enforcement with four passengers in the car.

Gary David Doctor, 28, of East Main Street, Corfu, is charged with unlawful possession of marijuana and unsafe tires. Doctor was stopped on Route 33, Pembroke by Deputy Brian Thompson.

Dylan James Hawkins, 18, of Hilltop Acres, Morrow Road, Pavilion, is charged with unlawful possession of marijuana. Hawkins was reportedly a passenger in a vehicle stopped on East Avenue by Deputy Brian Thompson. The 17-year-old driver, of Bryant Street, Batavia, was also charged with unlawful possession of marijuana.

Teriance M. Schramm, 20, of Edwards Street, Batavia, is charged with criminal possession of a weapon and unlawful possession of marijuana. Schramm was allegedly seen on Nov. 15 walking down Ross Street with nunchaku ("nunchucks") in his pocket. He was questioned by Deputy Matt Butler and also found to allegedly possess marijuana.

Summer Ogden, 34, of Batavia, is charged with criminal contempt and disobeying a court order. Ogden was arrested by State Police at 8:32 a.m., Saturday. No further details released.

Accident on Route 33, Bergen

By Howard B. Owens

A two-car accident has been reported in the area of Old State Road and Route 33, Bergen.

There are no injuries reported, but one car is blocking Route 33.


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Today's Deals: Returning today, Batavia Downs Grandstand Bar & Grille

By Howard B. Owens

Returning Today: Batavia Downs Grandstand Bar & Grille, 8315 Park Road, Batavia, NY: A full menu, salad bar and drinks in one of the region's most popular entertainment venues. We have $25 gift certificates for $12.50.

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Fall decorations are in as well as a big selection of spring bulbs. We have a $25 gift certificate for $12.50.

The Daily Grind, 85 E. Main St., Batavia, NY: For Batavia's finest coffee, smoothies, as well as fast and convenient breakfasts and lunches, stop into The Daily Grind. We have a $10 gift card for $5.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. Decorate your home or office for Fall or start your Christmas shopping. We have a $20 gift certificate for $10.

The Enchanted Florist, 202 E. Main St., Batavia, NY: What better way to brighten your home or office for the holidays than with flowers? We have a $20 gift certificate for $9.50.

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to shop. We have a $25 gift certificate for $12.50.

Carlson's Studio, 39 Jackson St., Batavia, NY: Holiday portrait time is now, or save for a spring wedding or other special event. We have a $150 gift card for $75 (+$2 PayPal service fee).

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Christmas trees will be available soon. We have a $25 gift certificate for $12.50.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

The Mane Attraction

Carlson's Studio

Oakfield man dies in late night fire

By Howard B. Owens

A 48-year-old Oakfield resident died overnight as a result of a fire at 7154 Pine St., Oakfield.

Jeffery D. Repass, a resident at the address, was pronounced dead at the scene following the 12:39 a.m. blaze, which started in a bedroom.

Four other occupants escaped safely.

The house was heavily damaged and the cause of the blaze is under investigation by the Oakfield Fire Department, the Genesee County Sheriff's Office and Genesee County Emergency Management.

Assisting at the scene were the Elba Fire Department, Alabama Fire Department, East Pembroke Fire Department, Mercy EMS and the Genesee County Coroner's Office.

(Initial Report)

Structure fire on Pine Street in Oakfield

By Billie Owens

A structure fire, believed to have begun in a bedroom, is reported at 7154 Pine St. in Oakfield. It's off of Maple Avenue, the last street coming out of the village.

Oakfield, Alabama and Elba fire units are called to respond.

UPDATE 12:56 a.m.: Firefighters are working on extricating people from the building.

UPDATE 12:58 a.m.: An investigator requested to the scene. At least one person is out of the building and requires medical attention.

UPDATE 1:06 a.m.: National Grid notified. No ETA.

UPDATE 1:24 a.m.: Fire's been knocked out.

UPDATE: Further updates on this fire will be available in the morning.

 


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Ram rams into house in Bergen

By Billie Owens

A rambunctious ram is reported to have rammed its way through a door and into a house at 6826 Pocock Road in Bergen. It was said to be thrashing about wildly.

When first reported about 20 minutes ago, officers said the residents "were trying to get it out as we speak."

Apparently someone was successful, since it is now outside the residence and Sheriff's Deputies are endeavoring to corral the ram.

Someone possibly suffered a leg injury during the commotion.

The house is said to be among a small group of homes at that address and it is the "southernmost house with an attached garage."

Minor injury accident in Bergen

By Billie Owens

A minor-injury, hit-and-run accident is reported on Dublin Road, about a mile east of West Bergen Road.

Bergen fire and State Police are on scene. Medics are also called.

The vehicle on scene is totaled. The other, an "F-150 type" Ford pickup, probably has substantial damage. It was last seen headed eastbound on Dublin Road. It is said to be dark colored.

Police looking for red pickup allegedly involved in hit-and-run on South Main, Batavia

By Howard B. Owens

Attica PD has been notified of a suspected hit-and-run driver heading South on Route 98 after allegedly hitting a parked car at 7 South Main St., Batavia.

The suspect truck is a red 2004 Ford F-150.

A Batavia Police officer said the same vehicle was suspected of erratic operation yesterday.

UPDATE 5:42 p.m.: Attica PD has the vehicle stopped in Attica.

UPDATE 5:46 p.m.: A Sheriff's Deputy is on his way to Attica to get the suspect.


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Photos: Santa makes annual visit to Oliver's Candies

By Howard B. Owens

Santa Claus passed through Batavia today, making a stop at Oliver's Candies (I've also heard that he stopped at Present Tense Books, but I didn't find that out until later).

While Santa was in the sweetshop, the Batavia Area Jaycees were outside selling hot dogs and running a petting zoo.

Besides the three pictures on this post, a couple of additional photos are available for purchase by clicking here.

Photos: School bus auction

By Howard B. Owens

First Student, Inc., a bus company on Oak Street, held an auction today. I didn't find out about it until after it was all over, but I'm told 250 old school buses were sold.

Buyers came from Kansas, Mexico and Guatemala, among other places.

Top Items on Batavia's List

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