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Ellicott Station project status, condition of the property have City Council members speaking out

By Mike Pettinella

March 15, 2016.

That was the date when community leaders gathered excitedly at the former Soccio & Della Penna Construction and Santy’s Tire Sales properties at 56-70 Ellicott St. to hear Samuel J. Savarino, CEO of Savarino Cos. of Buffalo, share details of a $20 million development featuring office, retail, residential and entertainment space.

The project has come to be known as Ellicott Station and it is the centerpiece of the City of Batavia’s Downtown Revitalization Initiative effort in its 366-acre Brownfield Opportunity Area.

Fast forward to today and – although much may be going on behind the scenes – nothing has been done at the site. City officials are still waiting for that shovel to be put into the ground.

The lack of progress has prompted City Manager Martin Moore to write a letter of support to the commissioner of the state Division of Housing and Community Renewal and has some City Council members scratching their heads. Their disillusionment was apparent at Monday night’s Council meeting.

“I’m very disappointed in the developer,” Council Member Robert Bialkowski said. “There’s broken glass, windows missing … the property is becoming worse by the day. It’s an eyesore. What kind of landlord is he going to be?”

Council President Eugene Jankowski agreed that he is concerned, saying that “we have given him enough leeway.”

He also noted that there are many components to be considered and thought that one area of red tape involved funds tied up by HCR.

The board voted, 6-2, in favor of Moore sending the letter to Ruthanne Visnauskas, HCR commissioner. Bialkowski and Rose Mary Christian voted no.

Moore’s letter points out that the project “will positively impact the City by providing mixed-income (including affordable) housing, brownfield remediation and reuse of a blighted site, right in the heart of the City.”

It goes on to state that the site “has been directly noted in the (DRI) as a high priority project that should be fully supported” and that it “aligns with the HCR’s mission to build and support affordable housing.”

The letter ended with Moore writing “I hope that you will seriously consider ensuring that this project proceeds with the support of HCR.”

Following the meeting, Christian said that the inactivity has gone on for much too long.

“He’s (Savarino) received millions already – the property is a disaster – and he wants more money,” she said. “Where is the money that he has received? Is there any accountability?”

Council accepts grants for Jackson Square, City Centre, and moves closer to fixing Redfield Parkway pillars

By Mike Pettinella

Grants – acceptance of, consideration of and application for – were the order of the day (actually, night) at Batavia City Council’s joint Conference and Business meeting on Monday at City Hall.

Resolutions pertaining to various grants, including a $750,000 Downtown Revitalization Initiative award to make the Jackson Square entertainment spot more attractive, as well as those dealing with the repair of the Redfield Parkway pillars and the filling of vacancies on the police department kept things moving during the 90-minute session.

Department of Public Works Director Matt Worth reported that the City is required to enter into a detailed contract with the Department of State in order to release the three quarters of a million dollars from the $10 million DRI award bestowed on the City.

Plans call for the funds to be used to “enhance the enjoyment of the area (by) improving the street surface, lighting and other amenities during events,” Worth wrote in his Aug. 3 memo to City Manager Martin Moore.

Worth said the project has a “five-year window” for completion and added that he hoped that the design phase could take place next summer with construction completed sometime in 2021. This will be the first in what should be a long list of DRI projects in the City.

Council voted unanimously to move forward with the Department of State contract.

The board also approved acceptance of a National Grid Urban Center/Commercial District Revitalization Program grant of $165,000 to improve the City Centre Campus.

According to Rachael Tabelski, who is transitioning from economic development director to assistant city manager, the project will consist of a feasibility study, architectural services, roof replacement in separate areas, energy-efficient indoor lighting, painting and other repairs.

The award is a 3:1 matching grant, Tabelski said, that will be matched with committed City money along with funds from New York State Empire State Development Feasibility Grant, ESD DRI City Center Grant and Department of State DRI Grant for Harvester Theater 56.

In other action, Council:

-- Approved Police Chief Shawn Heubusch’s request to add two more officers to the staff, authorizing the recruits’ training ahead of a pair of anticipated retirements in order to shorten the time period between the retirements and their replacements.

Heubusch (in his memo to Moore) proposed hiring two officers this fall and sending them to the police academy next month.

“This way, the officers will be near completion in their field training process during the spring/summer of 2020,” he wrote.

He said currently three recruits are at the police academy and four are in field training, which leaves a shortage on the streets.

Considering the two impending retirements, Moore advised that there would be no additional cost to the city but could result in a savings of up to $13,000.

-- Accepted a $10,500 grant from the NYS Department of Motor Vehicles for police traffic services, specifically to increase seat belt usage; agreed to Heubusch applying for a federal grant supporting an additional detective position for four years to address narcotics issues, and voted in favor of establishing a police K-9 program with support from business and individual donations.

-- Received an update from Worth on the rehabilitation of the pillars on the south end of Redfield Parkway. The City’s budget includes $70,000 out of the facilties reserve to repair the structures.

Wroth said bids went out on Aug. 1 and will be opened on Aug. 27. He expects Council to act on the matter at its Sept. 9 Business meeting, and said construction could start either this fall or next spring.

At least one Council member said she may vote against it.

“If it’s over $70,000, I’ll disapprove of it,” Rose Mary Christian said. “I disapproved of it from the beginning because it is taxpayer money.”

-- Moved to the next business meeting a pair of $20,000 grant requests from the City’s Revolving Loan Fund by Guy Clark, owner of Cedar Street Sales & Rentals, and by Stephen Valle and Carrie and John Lawrence, owners of a hair salon/apartment building at 242 Ellicott St. (at the corner of Liberty Street).

Clark is expanding with a building across the street from his existing business and the grant money would be used to add “an attractive and functional front porch façade to this new building,” Tabelski said.

She reported that Clark has received tax incentives ($37,000) from the Genesee County Economic Development Center, including Payment in Lieu of Taxes (PILOT), which will result in Clark paying $28,000 into the Batavia Pathway to Prosperity (BP2) fund over the next 10 years and another $28,000 to the three taxing jurisdictions (City of Batavia, Batavia City School District and Genesee County).

Tabelski said the project will retain 10 employees and add one or two employees while generating an estimated $16,000 in additional sales tax revenue.

The Valle/Lawrence projects centers on renovation of the 3,400-square-foot building, with the City grant earmarked for completion of the entire façade and renovation of one of the two upstairs apartments.

Previously, the trio received $22,050, about a third of the project cost, in grant funds from the Batavia DRI-Building Improvement Fund.

Tabelski noted that the property is in the flood plain, where it is “difficult to reinvest” and the project “encourages downtown living.”

While Council members Kathleen Briggs and Paul Viele stated their support for this plan, Christian disagreed.

“There are a couple apartments in that building … why can’t they take care of their own?” she asked. “We have to take care of our houses.”

Tabelski responded that the City is advancing its homeowner assistance program and that about 70 residents have expressed interest in it, to which Christian nodded affirmatively.

Photo at top -- Police Chief Shawn Heubusch congratulates Joshua Girvin after the recruit's swearing in at Monday night's City Council meeting. Girvin, an Albion resident, starts the second phase of the police academy today and is expected to join the police force in a few months. Photo by Mike Pettinella.

Batavia Muckdogs to hold First Responders Night this Thursday

By Billie Owens

Press release:

The Batavia Muckdogs are pleased to announce that the Thursday, Aug. 15th, game vs. the West Virginia Black Bears will be First Responders Night at Dwyer Stadium.

In appreciation of area first responders, the Muckdogs will be offering two complementary General Admission tickets to the game for all active police, fire, and emergency services personnel.

First responders can receive their tickets by showing proper identification at the Dwyer Stadium box office during normal business hours (weekdays 10 a.m. – 5 p.m.) leading up to the game or on game night up until the seventh inning.

In addition, first responders will have the opportunity to purchase additional tickets beyond the two complementary at the group rate of $5 per ticket.

The Muckdogs currently have a three-game lead over West Virginia for first place in a hotly contested playoff race.

First pitch Thursday is set for 7:05 p.m. and it’s also Thirsty Thursday, presented by Labatt. All fans 21 and over can enjoy $2 16-ounce cans of Blue and Blue Light until the seventh inning.

One vehicle rollover reported in Village of Oakfield

By Billie Owens

A one-vehicle rollover accident is reported in the Village of Oakfield at 95 N. Main St.

Oakfield Fire Department and Mercy medics are responding.

A first responder reports the car is on its roof, on fire. Minor injuries. The road will be shut down.

The location is between Cary Avenue and Bennett Avenue.

UPDATE 5:29 a.m.: The fire has been extinguished with a fire extinguisher. All occupants are out.

UPDATE 5:41 a.m.: Apparently two vehicles are involved since a dispatcher said "Ron and Newt's (towing) will be in route for both."

Photos by Alex Feig/WBTA.

Yorkie missing from its home in Bethany after being picked up man who said he was trying to find his home

By Howard B. Owens

Sam managed to get his doggie door unlocked and then wandered off.

At about 4:15 p.m., Saturday, a man was seen trying to get him from the side of the road near a neighbor's house, according to a witness who contacted Debbie Douglas, and so that couple stopped to help him. The man said he was going to check with the farm down the road to see if the dog belonged there and if not, he would take the dog to the shelter.  

Debbie has contacted the animal shelters in Genesee and Wyoming counties and Sam is at neither shelter.

The man who picked up Sam is described as older, with a thin build, gray hair, tattoos on both arms and driving a red Chrysler Pacifica. The witnesses are almost certain that he has a gray beard also. 

"We just really want to find him," Debbie said. "We appreciate that someone cared enough to pick him up and is taking care of him."

If you can assist in getting Sam home, call Debbie Douglas at (585) 356-0820 or Tom Douglas at (585) 356-0824. I am attaching photos.

UPDATE 10:18 p.m.: Sam is home safe. A couple from Medina had him and returned him.

Genesee Youth Lead Program helps develop leadership skills, deadline to apply is Sept. 6

By Billie Owens

Press release:

The Genesee County Youth Bureau is seeking applicants for the Genesee Youth Lead Program. Applicants should be a Genesee County high school student entering their freshman through senior year.

The deadline to apply is Sept. 6.

The eight-month program is focused on developing leadership skills within an individual through each specific session and through hands on experience.  Each session will have a different focus on our community and leadership.

The Youth Lead Program will take place at GVEP BOCES beginning Oct. 9, 2019 from 9 a.m. to 2:30 p.m. and will be held once a month on the second Wednesdays of each month.

The program dates are: Oct. 9, Nov. 13, Dec. 11, Jan. 8, Feb. 12, March 11, April 8, and May 13.

Youth that complete the program are encouraged to use the skills and information gained through their experience to support the communities in which they live.

The selection process will be done through an application and interview process by the staff. The class size is limited.

The program will cost $75 for each student. If there is an economic hardship please contact the Genesee County Youth Bureau.

Applications for the program can be found here. Please contact the Genesee County Youth Bureau with questions at (585)344-3960 or at youthbureau@co.genesee.ny.us.

Deck fire reported on Myrtle Street in Village of Le Roy

By Billie Owens

A deck is on fire at 99 Myrtle St. in the Village of Le Roy. It is attached to the house. Le Roy fire is responding along with an engine from the city and mutual aid from Bergen. The landlord is on scene. Flames and smoke are showing. Le Roy police and medics are on scene. The location is between Craigie and Gilbert streets.

The road is being shut down at Myrtle and Craigie, and at Myrtle and Gilbert.

UPDATE 3:05 p.m.: The fire was put out about 20 minutes ago. The roads are reopened.

UPDATE 3:09 a.m.: The Le Roy assignment was put back in service a minute ago, but a unit will remain on scene "until the homeowner arrives."

Law and Order: Man accused of sex abuse by forcible compulsion, Le Roy parolee accused of punching, choking woman

By Billie Owens

Donald Frisby (inset photo left), 64, was arrested by the Le Roy Police Department on July 16 and charged with one count of first-degree sexual abuse, a Class D felony.

It is alleged that in the month of July, while in the Village of Le Roy, that Frisby subjected a female to sexual contact by forcible compulsion. Frisby was arraigned before the court and released under supervision of Genesee Justice.

Jeremy D. Lyons (inset photo, below right), 34of Perry Road, Le Roy, is charged with one count each of the misdemeanors of third-degree assault and criminal obstruction of breathing or blood circulation. A violent domestic/assault led to the arrest of Lyons, a parolee, in the Village of Le Roy on Aug. 6.

The domestic incident was reported in the early morning hours on Church Street in which the victim reported that Lyons was staying with the female on Church Street, allegedly in violation of his parole conditions. It is alleged that Lyons tackled the female to the ground then punched her multiple times in the face and choked her.

Afterward, Lyons ran off. Lyons was located later that day by police after a small search, in which Lyons was discovered hiding in the weeds in the area of the Little League Field between East Main Street and St. Marks Street. Following his arrest, Lyons was arraigned and put in Genesee County Jail in lieu of $750 bail. A parole violation warrant was also issued due to this incident.

Darrell D. Smith, 52, of Highland Parkway, Batavia, is charged with criminal mischief. He was arrested after a domestic incident at midnight on Aug. 8 on Prune Street, Batavia. He was arraigned in Batavia City Court and released on his own recognizance. He is due in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Carlos E. Flores, 27, of Rand Street, Rochester, is charged with second-degree harassment. Flores was arrested after an incident at 8:35 p.m. Aug. 11 on Bank Street in Batavia. He allegedly threatened a person using gestures with his hands during a verbal dispute that caused the victim to be in fear. He was issued an appearance ticket and released and is due in Batavia City Court on Aug. 20. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Dan Coffey.

Darius Lamar Jones, 27, of Exchange Street, Attica, is charged with: criminal possession of a controlled substance; unlawful possession of marijuana; speed violation -- exceeding 55 mph; and unlicensed operation of a motor vehicle. At 9:02 p.m. on Aug. 7 on Route 33 in Byron, Jones was arrested after a traffic stop. It is alleged that "criminal indicators were observed," leading to a search of Jones and his vehicle. The search allegedly yielded marijuana, controlled substances and drug paraphernalia. He was issued appearance tickets for Sept. 9 in Byron Town Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy James Stack.

Linda Marie Clemens, 58, of South Main Street, Batavia, is charged with aggravated driving while intoxicated and DWI. At 11:23 p.m. on Aug. 7, deputies responded to the parking lot of Batavia Downs on Park Road for a reported motor-vehicle accident. When they arrived they located Clemens in her vehicle. It is alleged that Clemens struck a parked vehicle in the parking lot. She was released on appearance tickets for Aug. 26 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Ryan Young.

(name redacted upon request), of Farwell Drive, Batavia, is charged with unreasonable noise. He was arrested following a loud music complaint at 11 a.m. on Aug. 9 on Farwell Drive. He was released on an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Jason Ivison.

Carrie A. Stewart, 39, of Church Road, Darien, is charged with petit larceny. She was arrested after an investigation of a larceny that occurred at 11:47 a.m. on Aug. 10 on East Main Street in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Aug. 20.

Christine Wark, 34, of School Street, Le Roy was arrested by the Le Roy Police Department on July 22 and charged with one count of petit larceny after a complaint from a local business that Wark was allegedly seen shoplifting inside the store. Upon arrival of the Le Roy Police, Wark was arrested and released on an appearance ticket to appear in the Le Roy Court at a later date.

Cody N. Proefrock, 26, of Liberty Street, Batavia, is charged with petit larceny. He was arrested after allegedly shoplifting from a local store at 5:20 p.m. on Aug. 6. He turned himself in. He was issued appearance tickets and released and is due in Batavia City Court on Aug. 20. The case handled by Batavia Police Officer Marc Lawrence.

Tony J. Aguglia, 39, of Main Street, Clarence, is charged with failure to appear. He responded to Batavia Police station at 1 p.m. on Aug. 6 and turned himself in on an arrest warrant. He is due in Batavia City Court on Aug. 13. The case was handled by Batavia Police Officer Felicia DeGroot.

Photos: Ellicott Trail bridge installed over Tonawanda Creek

By Howard B. Owens

The bridge that will span the Tonawanda Creek as part of the Ellicott Trail is being installed today.

The $1.7-million project will provide a biking and walking trail from just west of Williams Park to Seven Springs Road (see map).

(Editor's note: For a closer look at the trail map, click here.)

Dog locked inside SUV in Walmart parking lot

By Billie Owens

An unoccupied SUV in the grocery pickup section of the Walmart parking lot reportedly has a dog locked inside. The caller waited by the vehicle 15 minutes to see if the owner would return before calling dispatch. An animal control officer and a deputy are en route.

UPDATE 11:44 p.m.: The deputy is on site and speaking with the dog owner. The deputy advises the animal control officer can disregard the dispatch.

Deputies seek info on cow shot dead in Darien

By Howard B. Owens

The Sheriff's Office reports that a cow was intentionally shot and killed in the area of Bennett Road and Simonds Road in the Town of Darien sometime after sunset Saturday and sunrise Sunday.

Anyone with information that may assist in the investigation is asked to call Deputy Kevin McCarthy at 585-343-5000.

Gas prices nationally continue slide while Batavia's prices reportedly gain a penny

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.65, down 6 cents from last week. One year ago, the price was $2.86. The New York State average is $2.84 – down 2 cents from last week. A year ago, the NYS average was $3.01. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.83 (up a penny since last week)
  • Buffalo -- $2.80 (down a penny since last week)
  • Ithaca -- $2.77 (down 2 cents since last week)
  • Rochester -- $2.79 (down 2 cents since last week)
  • Rome -- $2.83 (down a penny since last week)
  • Syracuse -- $2.72 (down 4 cents since last week)
  • Watertown -- $2.77 (down 2 cents since last week)

In its latest weekly report, the Energy Information Administration revealed that gasoline stocks grew by an astonishing 4.4 million barrels. Total domestic stocks now sit at 235.2 million barrels.

Meanwhile, gas demand grew slightly from 9.55 million barrels per day to 9.65 million barrels per day. The increasing stock levels are contributing to pump price drops this week, even though demand remains strong.

If total domestic stocks continue to outpace demand, American motorists will likely continue to see pump prices drop this summer.

Muckdogs shutdown Mahoning Valley 5-0

By Howard B. Owens

Press release:

Just a day ago, the Batavia Muckdogs were in danger of losing the lead in the New York-Penn League Pinckney Division.

However, back home at Dwyer Stadium, the Batavia pitching staff and clutch hitting led the Muckdogs to a 5-0 shutout of Mahoning Valley on Sunday.

With the win and a West Virginia loss, Batavia (33-23) now has a 3.0 lead in the division.

Julio Frias improved to 4-2 wth the win, throwing five shutout innings with two strikeouts and one walk.

Jonaiker Villalobos struck out two in a scoreless sixth for his second hold and Geremy Galindez earned his second hold but left the game with discomfort after a pitch.

Joey Steele, the 30th-round draft pick this year of the Miami Marlins who has a perfect 0.00 ERA, was called to the mound in the seventh with one out. With a few minutes to throw and stretch, he went out and threw 2.2 innings of one-hit, shutout ball with four strikeouts and no walks for his first save.

Steele has now thrown 13.2 innings with 22 strikeouts, no runs allowed, 11 hits, one walk and a 0.88 WHIP to go along with his 0.00 ERA.

"That was huge of Joe, he really picked up the bullpen, went 2.2 innings … that was big-time of him," said Batavia catcher and Miami native Michael Hernandez. "We really needed that."

Hernandez not only handled the four pitchers for a shutout but had a basest and scored a run.

"I'm just taking it one pitch at a time and trying to hit the ball hard," said Hernandez. "We are in first place, there is no better feeling than winning. It's always a great day when you get a shut out, that means it's a combination of defense and pitching … it was a great day for us Muckdogs."

At the plate, J.D. Orr was close to an inside-the-park homer when his sharply hit single to right skipped off the glove of an outfielder to the fence. He raced around the bases, scoring three runs on the play.

Orr finished 2-for-4 with two runs, his 13th RBI and increased his NYPL leading average to .384.

Nic Ready had two hits and scored a run while Sean Reynolds ripped an RBI single and Jack Strunc had a single and scored.

Not only did West Virginia (29-25) lose, but State College (Pa.) (27-28) in third place lost and Mahoning Valley (25-30) is in fourth.

The Muckdogs have five games left in this homestand, taking on Mahoning Valley Monday and Tuesday with games at 7:05 p.m. all week.

There will be specials on food and drinks Monday and on Tuesday, all general admission tickets are just $2.

Tickets are available at muckdogs.com or stop by the Dwyer Stadium Ticket office between 10 a.m. and 5 p.m. during the week. The number is 585-483-3647.

Submitted photo: Batavia Manager Tom Lawless called on Joey Steele after an injury and the pitcher threw 2.2 scoreless innings for the save. Steele has not give-up a run in 13.1 innings this season and just one walk with 22 strikeouts. Catcher Michael Hernandez called the shutout, handling all four pitchers in the win.

Video: Beertavia 2019

By Howard B. Owens
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Rollover accident reported on Paul Road in Bethany

By Howard B. Owens

A one-vehicle rollover accident is reported in the area of 5589 Paul Road, Bethany. 

The driver is reportedly out of the vehicle and walking around but may have suffered a head injury.

Bethany fire and Mercy EMS dispatched.

UPDATE 11:59 a.m.: A first responder on scene reports a car is off the road in a field, overturned. Patient is conscious and alert, with minor abrasions on his head.

UPDATE 12:34 p.m.: The male driver is being transported to UMMC. He is complaining of a stabbing feeling of pain in his neck. His vehicle rolled several times. He did not lose consciousness and self-extricated from the accident.

Video: Live at the Ridge, Black Stone Cherry performing 'It's In My Blood'

By Howard B. Owens
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It was Southern Rock weekend at The Ridge NY in Le Roy. Here's Black Stone Cherry performing "It's In My Blood." 

Yesterday, we posted a video of a performance by Friday's headliner, Bishop Gunn.

Whole Life Fitness opens on East Main in Batavia

By Howard B. Owens
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