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Structure fire on Ellicott Street Road, Pavilion

By Billie Owens

Heavy black smoke is spewing from a vacant structure at 6553 Ellicott St. Road in Pavilion. They are not sure whether it's coming from the first or second story. Pavilion Fire Department is responding and so is Le Roy's.

UPDATE 12:34 p.m.: A responder on scene reports this is a "controlled burn" -- a rubbish fire, which includes tires, and it's behind the house. The second-alarm responders are told to stand by in quarters-- they include Alexander, Bethany, Stafford and the City of Batavia's Fast Team.

UPDATE 12:37 p.m.: They anticipate being able to "knock this out quickly."

UPDATE 12:43 p.m.: Bethany's tanker is en route, non-emergency mode. Stafford is cancelled. (We presume the city and Alexander are also standing down.) They are going to shut the road to traffic.

UPDATE 12:45 p.m.: "We've got it pretty well knocked down for the most part."

UPDATE 12:54 p.m.: The fire is out.

UPDATE 12:57 p.m.: Le Roy is returning to service.

UPDATE 1:12 p.m.: The road is reopened.

UPDATE 1:16 p.m.: Bethany and Pavilion are back in service. A representative of the Department of Environmental Conservation responded to the scene to investigate and is now leaving.

Photos: Another beautiful morning in Batavia

By Howard B. Owens

It was a little crisp this morning, but still a fine spring day. As I walked our dog on Jackson Avenue, I took note of this tree with the nice background of the budding trees behind it and the wispy blue sky, so I went home, grabbed my camera and came back.

That said, there's a chance of rain and snow overnight.

Council approves tax exemption for property owners who add apartments to downtown buildings

By Howard B. Owens

UPDATED 2:55 p.m. with a little more information about the grant program.

People living downtown is a great complement to commerce downtown and bringing that mixed use to the city's primary commercial district is part of the city's strategic goals.

To help move that process along, on Monday night the Batavia City Council unanimously approved a change to the city's tax code that would provide a tax break to any building owner who converts a commercial property to one that includes second- and third-floor apartments.

"They (the Main Street Grant consultants) said they have a lot of experience with this," City Manager Jason Molino said. "A lot of communities use this. It’s a great exemption to get on the books to encourage, or at least lighten some of the tax burden, as they (developers) go to change and approve some of these mixed-use developments."

The tax abatement -- much like a PILOT -- provides tax relief on the increased assessment that is likely to occur with the redevelopment of the property. The property owner still pays taxes on the original assessment.

For example, if the assessed value goes from $200,000 to $300,000 because of the property improvements, the abatement applies to the extra $100,000 in assessed value.

In years one through eight, the property owner gets a 100-percent abatement, and the tax relief decreases 20 percent a year over the next four years and is eliminated by year 13.

"This promotes the types of uses we want downtown," Molino said. "We want commercial on the first floor, residential on the second and third floor. We want to promote that livable-community concept. You get the grocery store downtown, so it’s got a great complement. We’ve got the available space. It just needs to be developed."

There are currently 10 properties that have applied for grants through the Main Street grant program and Molino said four of those properties would be potentially eligible for this new tax exemption (the others are already mixed use).

Last year, the City was awarded a $450,000 grant from the state's Main Street Grant program. Of that, $400,000 is earmarked for improvements to existing structures downtown. Three projects have been funded by the BDC, which administers the program.

Ideally, Molino said, both the county and the school district will pass the same exemption.

Le Roy PD looking for leads on burglary at former Jell-O building

By Howard B. Owens

Some time between Thursday and Monday burglars broke into the former Jell-O building in Le Roy and stole electrical items, according to the Le Roy Police Department.

Investigators are seeking the public's assistance in uncovering leads to help solve the crime.

The building is located at 57 North St.

According to investigators, a person or persons forced entry into the building some time over the long holiday weekend.

Anyone with information related to the crime or who may have seen people lingering in the area of Myrtle Street are asked to contact the Le Roy PD at 768-2527.

Council approves purchase of new fire truck

By Howard B. Owens

It will be red, bright, shiny and brand new and it will belong to the City of Batavia.

In a unanimous vote Monday night, the city council approved the purchase of a fire truck built from the ground up by Rosenbauer, a 140-year-old fire apparatus manufacturer based in South Dakota.

The total cost of $342,369 was the lowest of the bids to meet all of the requirements of the fire department, Chief Jim Maxwell told the council.

City Manager Jason Molino noted it's still below the $370,000 built up in reserve over the past three years for a new truck.

The truck, which may carry the designation Engine 11, will replace Engine 14, which was retired due to escalating repair costs to keep it up to standards.

Locally, the Town of Batavia operates a Rosenbauer engine and Rochester recently bought seven engines from the company.

When questioned by Councilman Jim Russell, Maxwell confirmed that the fire department visited with some of the departments running Rosenbauer equipment, as well has other engines, and didn't come across any complaints.

The department expects delivery of the new truck in 120 days.

On the Web: Build your own fire truck on Rosenbauer's site.

Law and Order: DWAI charge in Pembroke

By Howard B. Owens

Stephen Christopher Ward, 22, of Broadway Road, Darien, is charged with driving while ability impaired by drugs, speeding and inadequate headlights. Ward was stopped at 9:45 p.m., Monday, on Angling Road in Pembroke by Deputy Matthew Fleming.

Alexandria Claire Pisarek, 19, of Fisher Road, Oakfield, is charged with petit larceny. Pisarek is accused of stealing fentanyl patches (pain medication) belonging to another person.

Brush fire off Gibson Street, Bergen

By Billie Owens

A brush fire is reported behind 37 Gibson St. in Bergen. Bergen Fire Department is responding.

UPDATE 4:18 p.m.: The fire is out. Bergen is back in service.

Mulch fire behind store on Veterans Memorial Drive, Batavia

By Billie Owens

A mulch fire is reported behind the Radio Shack store at 4234 Veterans Memorial Drive. Town of Batavia Fire Department is responding.

UPDATE 3:38 p.m.: The fire is out. Town of Batavia is back in service.

Fire reported on farm on Broadway Road, Bethany

By Billie Owens

A fire is reported at 4822 Broadway Road, between Marsh and Silver roads, in Bethany. It is at the farm on the corner of Broadway and Silver. It's in a "courtyard next to a silo" and near barns. Bethany Fire Department is responding.

UPDATE 3:25 p.m.: A responder said the fire is by a 20-foot, round silo that has a bottom filled with hay.

UPDATE 3:40 p.m.: The fire is under control.

UPDATE 3:57 p.m.: The fire is out. Bethany is returning to service.

Grass fire on Colby Road in Corfu

By Billie Owens

A grass fire is reported at 9286 Colby Road. It is near a structure and there's an abandoned car nearby as well. This is the Reed's residence. Corfu Fire Department is responding and a person on scene says there's some smoke showing but the problem "doesn't look too big."

UPDATE 3:09 p.m.: Apparently, they've extinguished the fire because they told a firefighter calling to check on their status that they were "packing up the hose now."

UPDATE 3:16 p.m.: Corfu is back in service.

Power outage in downtown Batavia

By Howard B. Owens

There is a power outage in Downtown Batavia. National Grid has no information yet on the extent nor an ETA for restoration.

UPDATE 2:33 p.m.: Power was restored at 2:28 p.m.

Council will be asked to approve purchase of new fire truck

By Howard B. Owens

As part of its monthly meeting tonight, the Batavia City Council will be asked to approve the purchase of a new fire truck at a cost of $342,369.

The new truck will replace Engine 14, which has been retired due to age and costly repairs needed to comply with safety standards.

The recommendation is that the truck be purchased from Empire Emergency Apparatus, which placed the lowest bid that met specifications.

Another company offered a lower bid, but work to retrofit the demo engine and add required enhancements would raise the price above $356,000.

Volunteers busy planning for the next Day of Caring

By Howard B. Owens

The United Way Day of Caring is May 16 and the planning committee is seeking volunteers and sponsors. To pitch in, call the United Way office at 343-8141.

Photo: Back row: Erik Fix, Jay Gsell, Dave Cecere, Marie Nettnin, Scott Neff, Shelley Falitico, Theresa DeMars, Jane Scott, Chris Fix. Front row: Susie Boyce, Lori Stupp, Debbie Fischer, Carol Boshart.

Not included in the photo: Donna Saskowski, Sue Schuler, Sue Boss.

Photo submitted by Susie Boyce.

Batavia Downs announces it generated $17 million in revenue for education

By Howard B. Owens

Press release:

Batavia Downs Casino generated more than $16.99 million for education during the 2011 fiscal year (April 2011 to March 2012), according to the recently released data by the Division of Lottery. As part of Batavia Downs Casino’s ongoing support of New York education, 51 percent of Batavia Downs Casino's net win is given to the lottery to fund education.

“We’re proud to have contributed so much to New York State’s educational efforts,“ said Mike Kane, president of Batavia Downs Casino.

In 2011-2012, revenue generated by Batavia Downs Casino for education was equivalent to the annual salaries of approximately 245 teachers. With education budgets consistently tightening, this revenue will allow for students throughout New York State to continue to earn a high-quality public education. Since opening in 2005, Batavia Downs Casino has generated more than $115 million in education funding for New York.

More information on Batavia Downs Casino is available at www.bataviadownscasino.com and the full lottery report is available at www.nylottery.ny.gov.

Batavia Downs Casino is owned and operated by Western Regional Off-Track Betting, a public benefit corporation. Batavia Downs Casino is a member of the New York Gaming Association. The New York Gaming Association advocates for, and advances the interests of, the state’s nine racetrack casinos, located at harness and thoroughbred racing venues in all four corners of New York.

The association works in partnership with state government on long-term strategies to financially bolster education, create jobs, support agriculture, horseracing and breeding; and maximize economic revenues to the state that will benefit all New Yorkers.

Pavilion bank robbery suspect may have been involved in Rochester and Geneva heists

By Howard B. Owens

Investigators believe they have identified a possible suspect in Friday's robbery of a Five Star Bank in Pavilion, according to Deputy Chief Jerome Brewster.

"We remain very optimistic that we'll be able to solve this," Brewster said.

According to Brewster, there are some "common denominators" with prior bank robbers in Rochester and Geneva, and the Sheriff's Office has been working with those agencies to piece together evidence.

There may be DNA evidence and fingerprints to link the crimes with a suspect, Brewster said, but investigators are waiting on lab results.

As for the quality of the surveillance pictures released to the media, Brewster said the actual video from the bank is excellent quality. The problem with the still pictures released has to do with conversion of digital video to digital images.

Brewster said investigators have equipment to improve image quality and that Genesee Community College has state-of-the-art equipment if needed. But in this case "it isn't needed," Brewster said, because investigators already believe there is an identifiable suspect.

If there wasn't a good chance at solving the case, Brewster said, he might consider releasing the video or obtaining better quality still pictures from the video.

Task force nabs two suspected drug dealers following investigation

By Howard B. Owens
Chad Allen Irowin Wilbert

As the result of an investigation by the Local Drug Enforcement Task Force, two suspected drug dealers from Batavia were arrested Sunday night.

Taken into custody following a traffic stop at 8:50 p.m. were Chad A. Allen, 33, of West Main Street, and Irowin Wilbert, 53, of West Main Street.

Both men are charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, and criminal use of drug paraphernalia, 2nd.

The men were stopped on Ross Street at the intersection with Miller Avenue, Batavia.

A search of the vehicle allegedly uncovered a quantity of crack cocaine with an estimated street value of $1,000 along with alleged crack pipes and more than $550 in currency.

Allen and Wilbert were jailed without bail.

Assisting in the investigation were uniformed deputies, State Police and the District Attorney's Office.

Law and Order: Suspected drug dealer accused of trying to escape following arraignment

By Howard B. Owens

Milton H. Simmons III, 29, of 75 Franklin St., Batavia, is charged with criminal possession of a controlled substance, 3rd, and attempted escape, 1st. Simmons was arrested after police responded at 11:53 p.m., Friday, to a report of a fight involving a knife in the parking lot of a business on West Main Street, Batavia. Police conducted a search of a vehicle reportedly belonging to Simmons and allegedly found 44 glassine bags of crack cocaine. Simmons was arraigned in Batavia City Court and ordered held on no bail. As police transported Simmons from the courthouse to the jail, Simmons allegedly tried to escape and had to be restrained with the assistance of deputies at the court facility.

Zachary Jordan Ayres, 18, of Oak Street, Batavia, is charged with grand larceny, 4th. Ayres is accused of stealing approximately $1,300 in jewelry from a woman in Byron and selling the items to a business in Batavia.

Anthony C. Privitera, 19, of Mill Street, Le Roy, is charged with DWI, driving BAC of .08 or greater, unsafe start, failure to keep right, open container in a motor vehicle and unlawful possession of alcohol by a person under age 21. Privitera was stopped Sunday in the Village of Le Roy by Le Roy PD.

Kimberlin D. Lester-Benjamin, 49, of Carl Street, Buffalo, is charged with petit larceny. Lester-Benjamin is accused of stealing $89.95 in merchandise from Target.

Kenneth Merville Nobles, 66, of Genesee Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and speeding (72 mph in a 55 mph zone). Nobles was stopped at 6:13 p.m. Saturday on Route 19, Le Roy, by Deputy Brad Mazur.

Jamie Scott Scholonski, 39, of Vine Street, Batavia, is charged with petit larceny. Scholonski is accused of stealing $632 in quarters from a residence in Pavilion.

Nicholas M. Lyons, 31, of 112 State St., Batavia, is charged with criminal contempt, 2nd. Police responded to a report of a domestic disturbance on State Street at 11:40 p.m., Friday, and found Lyons allegedly in violation of a "stay away" order involving another person. Lyons was jailed on $2,500 bail.

Daniel F. Orlando, 29, of 555 E. Main St., Batavia, is charged with harassment, 2nd, and obstructing governmental administration. Orlando is accused of physically obstructing police while officers were investigating an incident at Orlando's residence. Orlando was jailed on $3,000 bail.

Timothy L. Taylor, 37, of 655 Ellicott St., Batavia, is charged with assault, 3rd. Taylor is accused of assaulting another person following an argument. Taylor was jailed on $5,000 bail.

Daniel Lee Ward, 25, of Oak Orchard Road, Albion, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Ward was arrested following investigation into a motor-vehicle accident on Fisher Road, Oakfield, at 1:48 a.m. March 3.

Adam C. Hegge, 31, of 14 Overlook Drive, Batavia, is charged with felony DWI and driving with a BAC of .08 or greater. Hegge was arrested Friday by Officer Dan Coffey following a report of a suspicious vehicle in the Batavia Cemetery.

'Red Flag' fire warning in effect today

By Howard B. Owens

Strong winds, dry weather and low humidity are combining to create "explosive fire growth potential" throughout Western New York, according to the National Weather Service.

A "Red Flag" warning has been issued from 11 a.m. to 6 p.m. today.

Of course, the springtime "no burn" regulations are in effect through May 14.

Winds are expected to blow from 20 to 30 mph with gusts up to 50 mph.

The relative humidity will be as low as 25 percent.

The weather service warns, "any fires will have the potential to grow and spread rapidly."

Sponsored Post: Winner of Alex's Place contest

By Howard B. Owens

Congratulations to Julia Matusak, who wins the Alex's Place Facebook Like Contest.

Julia wins dinner for 4 / $100 gift card (does not include alcohol or gratuity) from Alex's Place.

The winner was selected at random from among a group of people who "Liked" Alex's Facebook page and then completed the online registration form.

Any Genesee County business that would like to participate in a Facebook contest, call The Batavian at 250-4118.

Top Items on Batavia's List

NOW HIRING seasonal agribusiness positions. CDL A & B Drivers to deliver bulk crop nutrients. Potential long-term opportunities. Great for retirees! GENERAL LABOR positions. Daily variety of indoor/outdoor responsibilities. Loader experience a plus. SIGN-ON BONUS and plenty of OT during spring/summer months. Apply in person at: 8610 Route 237, Stafford, NY www.cecrocker.com
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