batavia

The City will host an informational meeting from 4 to 6 p.m. on Wednesday, Feb. 10, regarding the planned sewer reconstruction on Washington Avenue.

The project will go from Jefferson to Ross Street and include a small section on State Street north of Lewis Place. The project is scheduled for this summer and will replace the sewer line and include replacement of some water services. 

The "open house" meeting will be held in the Council Boardroom on the second floor at Batavia City Hall.

City staff will be available to review plans, discuss the project, listen to concerns and answer any questions you may have.

Press release from Matt Worth, director of the City's Department of Public Works:

The City has begun tree removal work on Summit Street in advance of the reconstruction project to be completed this summer.

This work will result in the removal of approximately 30 tree on Summit Street, which need to be removed as they conflict with new utilities, sidewalks or curb lines to be installed, or they are in a deteriorated condition.

This work may result in some short-term delays to the traveling public on Summit Street until the removals are complete, which is expected to take a couple of weeks.

The reconstruction of Summit Street includes the installation of approximately 60 new trees as part of the landscaping work to be completed as part of this project.

A plan hatched by the City, the Batavia Development Corp. and the Genesee County Economic Development Center to redirect some money generated by economic development into brownfield area cleanup received the support Wednesday of the county's Ways and Means Committee.

The committee approval means the proposal will be voted on by the full County Legislature at its next meeting.

The plan, unique in the state, called Batavia Pathway to Prosperity, will create a fund from PILOT (payment in lieu of taxes) payments that can be used for environmental clean up on properties within the city's brownfield opportunity area, a 366-acre designation covering the city's core.

A PILOT provides a business undertaking local economic development (creating jobs, increasing the tax base, adding to local economic growth) with a break in taxes for the increase in assessed value on the property being developed. Typically, if a business puts a new building on vacant land or adds onto an existing building, the assessed value of the property will increase, which means higher property taxes paid to the city (town or village), school district and county. A PILOT reduces those taxes in exchange for payments to the taxing jurisdictions. The payments could be in the range of 70 percent of what the increase in taxes would have been without the PILOT. The property owner still pays 100 percent of the taxes on the original assessed value. PILOTs typically run for 10 years on a graduated scale, with property taxes due increasing every two years over the life of the PILOT.

The new program would redirect half of the PILOT payments from projects in the city to an investment fund (a PIF) that would be available to property owners in the future who wish to redevelopment brownfield properties and need assistance with the environmental cleanup.

"This creates a fund that gives the BDC and the EDC working together and providing collective oversight the opportunity to look at broad range investment opportunities," said Steve Hyde, CEO of the GCEDC. "(The projects) still have to be for the public good, but (the property owner) can turn around and maybe do some creative financing type of things to really move some property and get them redeveloped and start to heal the poverty and blight down in our core."

Marianne Clattenberg, now a legislator but a former City Council president, said the city has needed something like this for a long time, but had other problems to solve first before something forward-looking could be brought to the table.

"We knew going in we could never do this by ourselves, that we needed partners and we needed to have everybody on board and engaged to bring the city back to where it needs to be," Clattenberg said. 

County Manager Jay Gsell said a program like this could spark a renaissance in the city.

"The need is unique and this is the kind of structural financing that gives the adroitness necessary to having this kind of money available," Gsell said.

The committee also approved a city plan to provide tax relief on so-called zombie properties. The program would provide a PILOT-like tax abatement on the increase in assessed value of a home that is currently vacant and has been vacant for some time that a person buys, renovates and then lives in. While the abatement isn't available to an investor who buys a zombie house, fixes it up and then rents it out, the abatement could be available to the next owner if that same investor fixes it up and then sells it to an owner-occupant. 

There are 50 to 60 such zombie properties in the city, not all of which can be saved, but some retain some value and could be renovated. The property must be single family, or converted to a single-family residence.

Hyde said the two programs together are the sort of thing that can spur economic development in the city's core and attract the Millennials who will be taking jobs at STAMP (Alabama's Science and Technology Manufacturing Park) to the city.

Genesee County real estate investor meeting to be held at the Clarion Hotel on Park Road in Batavia on Thursday, Feb. 11th. Networking begins at 6:30 p.m., followed by an hour-long informational class at 7 p.m. The class topics will include: "how to analyze properties for real estate investing" and "the five R's of real estate investing." This class is geared toward current or potential landlords and real estate investors, or anyone in the real estate field looking to network. For more information or questions, please call 585-576-5618.

Renovation work on the future home of the Genesee County Chamber of Commerce and Tourism Bureau could begin in early spring, said Chamber President Tom Turnbull.

The chamber completed the purchase of the property at 8276 Park Road, Batavia, on Friday.

A request for construction bids on the project should go out in the next couple of weeks.

The chamber anticipates spending $900,000 on the project, which involves totally renovating and reconfiguring the building into office and meeting space suitable to the needs of the chamber and tourism bureau.

The location was selected in a large part because of its proximity to the Batavia exit for the Thruway and the concentration of hotels in the area.

The chamber purchased the building for $275,000.

The cost will be reduced a bit because of significant donation to the project by U.S. Gypsum.

Ray Dunlevy, a Gypsum executive in Oakfield and a member of the Chamber's board, came forward and said Gypsum would donate all of the drywall for renovation.

Nearly every current wall will come down inside the building, and new walls will go up, so it's a significant contribution to the project.

Turnbull really doesn't know the exact value of the donation. He said maybe $4,000 to $6,000.

"Everyone I talk to, and I'm not a contractor, says, 'that's worth thousands of dollars,' " Turnbull said.

The project's architect, Ed Smart, has been in touch with the general manager for Gypsum in Oakfield, Jim Perry, and Turnbull said Perry's message to Smart was, "Just tell us what you need."

The drywall is manufactured in Aliquippa, Pa.

Turnbull said nobody asked Gypsum for a donation. Dunlevy spoke up at a meeting and made the offer.

"It shows what a good community partner they are, just stepping up," Turnbull said. "They volunteered it and it's wonderful. It's going to help the project quite a bit."

File photo.

Jackie Ann Duepenngieser, 32, of Page Road, Perry, is charged with three counts of criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 2nd, driving without an ignition interlock device, unregistered motor vehicle and unlicensed operator. Duepenngieser was stopped at 6:23 p.m. Wednesday on Griswold Circle, Le Roy, by Deputy Michael Lute. Duepenngieser was allegedly found in possession of a scheduled nartocitc that was not prescribed to her along with a quantity of cocaine and heroin. Duepenngieser was jailed on $1,000 bail or $2,000 bond.

James Russell Kosiorek, 23, of Main Street, Batavia, is charged with petit larceny. Kosiorek allegedly stole a DVD player from Kmart.

Press release:

Community members of all ages should save the date for Genesee Community College's 35th Annual Fashion Show scheduled for Saturday, April 30. This year's show is entitled "Fashion Is..." and will represent an edgy, reinvented program that features the work, energy and creative endeavors of students in both the Fashion Merchandising Management and the Fashion Design programs at GCC.

The theme, "Fashion Is..." gives students the opportunity to not only express their creativity and own personal styles, but touches on how fashion influences every aspect of our culture -- from clothing designs released on Parisian runways to the latest cars unveiled in Detroit, from today's thematic weddings to presidential campaigns.

GCC students want the people of Western New York to appreciate the significant role fashion plays in our culture and its multibillion dollar impact on business throughout the world. A short slide show video created by GCC sophomore Lauren Countryman illustrates the opportunities and ideas and the endless possibilities of today's fashion industry.

"Fashion is the most powerful art there is. It is movement, design and architecture all in one. It shows the world who we are and who we'd like to be," according to the character Blair Waldorf, from "Gossip Girl."

Due to the overwhelming popularity of the program, the event continues to offer two complete shows scheduled on April 30 at 3 p.m. and 7 p.m. in the William W. Stuart Forum of GCC's Batavia Campus. Tickets for the show are available for $5 in advance or $7 at the door and can be purchased by calling 585-345-6830. Advance tickets are strongly recommended.

Sponsors for the production are currently being solicited and accepted. Business donations of $10 or personal donations of $5 are available. To extend appreciation, the business or personal name will be included in the souvenir program and the fashion show's Web site. If writing a check please make checks payable to GCCA. To schedule a time for pick up or to make special arrangements for your donation, please contact Cheryl Young, 585-345-6830.

Our biggest sale of the year - 50-75% OFF - 4 Hours Only! Suits, sportcoats, slacks, shirts, ties, hats, caps, scarves, gloves, outerwear & more! 

Press release:

Officials from the City of Batavia and the Batavia Development Corporation will make a presentation to the Board of Directors of the Genesee County Economic Development Center (GCEDC) at the agency’s Feb. 4 board meeting. The GCEDC Board of Directors is considering entering into an inter-municipal agreement to assist with the funding of new development projects in the City of Batavia.

The presentation will include an overview of the “Batavia Pathway to Prosperity” (B2P) program and its role in leveraging economic development activity through a PILOT increment financing (PIF) initiative; strategies for redeveloping the Brownfield Opportunity Area (BOA) sites; attracting new employers and jobs; increasing property values; and, exploring key market opportunities in the City of Batavia.

In addition to the presentation, the board will consider the acceptance of an application to set a public hearing for Darien Lake Theme Park Resort’s 2016 Tourism Destination Project. Darien Lake’s new project includes a six-flume waterslide and a new roller coaster train.

The total request for incentives for the Darien Lake project is $189,200 in sales tax exemptions for the construction and equipping of the new rides and enhancements. The total capital investment for both park projects is approximately $2.8 million.

The GCEDC board meeting will take place at 4 p.m. and is open to the public. Meetings are held at the Innovation Zone Conference Room at MedTech Centre -- 99 MedTech Drive, Batavia, on the first floor, across from Genesee Community College.

Bruce K. Ames, 49, of Bank Street, Batavia, is charged with menacing, 3rd, criminal possession of a weapon, criminal solicitation and coercion, 1st. Ames was arrested as a result of an investigation into an incident reported at 3:05 a.m. Jan. 24 at 122 Bank St., Batavia. Police report, "A New York SAFE Act compliant rifle was found and held as a result of the investigation." Ames was ordered held without bail.

UPDATE AND CLARIFICATION: We've pulled the court documents on this case and spoke with police. While the original press release states Ames was arrested on a weapons charge and has this reference to the SAFE Act, the SAFE Act is entirely irrelevant to the case. The weapons charge comes from allegedly possessing a weapon with the intent to use it to cause death or injury. Ames allegedly threatened to fire his rifle through the floor of an apartment if his neighbor didn't come up, and kill him. That allegation is the basis of the solicitation, menacing and coercion charges. Ames reportedly possessed a Stag Arms 5.56-MM rifle, and though he claimed to have a 12-round magazine, there was no SAFE Act violation found.

Ryan M. Warner, 38, of South Main Street, Batavia, is charged with petit larceny. Warner allegedly stole several boxes of Crest White Strips from the CVS on West Main Street. Warner was jailed on $2,000 bail or $4,000 bond.

Jacqueline Raj Garrett, 36, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to complete community service. Garrett was sentenced for aggravated unlicensed operation, 3rd. Garrett was jailed on $100,000 bail.

Hector L. Gomez, 19, of Batavia Stafford Townline Road, Batavia, is charged with obstructed view, criminal possession of marijuana, 4th, and two counts of criminal use of drug paraphernalia, 2nd. During a traffic stop on Liberty Street, Batavia, officers reported detecting the odor of marijuana coming from the vehicle. The stop was at 4:43 p.m. Thursday by Officer Chad Richards. Gomez allegedly had marijuana in several different containers in the vehicle.

Jerell J. Jones Sr., 27, of Watson Street, Batavia, is charged with criminal possession of a weapon, 3rd. Jones is accused of using a knife during an altercation at 1:15 a.m. Oct. 11 at a location on East Main Street, Batavia. Jones was jailed on $5,000 bail.

Lamar I. Randall, 30, of South Lyon Street, Batavia, is charged with false personation, aggravated unlicensed operation, 2nd, driving without ignition interlock, unlicensed operator, failure to stop at stop sign. Randall was stopped at 1:47 a.m. Saturday on Garfield Avenue, Batavia, by Officer Matthew Wojtaszczyk. Randall was jailed on $1,500 bail.

Eric John Polle, 45, of Meadow Farms South, North Chili, is charged with endangering the welfare of a child and harassment, 2nd. Polle was allegedly involved in an incident where he physically harassed another male at a location on Maple Avenue, Oakfield, at 4:18 p.m. on Jan. 27. Children were allegedly present at the time. He was jailed on $500 bail or $1,000 bond.

Douglas James Hanley, 25, of Batavia Stafford Townline Road, Batavia, was arrested on a warrant for alleged failure to pay fine. Hanley was released under supervision of Genesee Justice.

City fire is dispatched to a report of wires arcing on Liberty Street near Cherry Street, Batavia.

The power lines are attached to a house.

UPDATE 7:55 a.m.: City fire reports arcing prior to their arrival. "Everything is OK right now." National Grid requested to the scene.

UPDATE 8:05 a.m.: National Grid on scene. 

Press release:

The Salvation Army is looking for students in grades six through 12 to participate in a brass ensemble. Musicians will meet on Sunday afternoons for rehearsals and perform every two months during a youth-led worship celebration and on special occasions.

A limited number of instruments are available to be loaned out and a drum set is available. All levels of proficiency are welcome.

If you are interested or would like more details please contact Major Patty at 585-861-0747 or patricia.kurtz@use.salvationarmy.org

Thomas H. Hofer, 54, of West Main Street, Batavia, and Heidi A. Pahl, 42, of French Road, Bennington, were charged following a traffic stop at 3:23 p.m. on Main Street in the Village of Attica on Jan. 29. Hofer is charged with expired inspection sticker, aggravated unlicensed operation, 2nd, and unlawful possession of marijuana. An investigation revealed Hofer has allegedly had a suspended and revoked license since 1993. Pahl, his passenger at the time and also the registered owner of the vehicle Hofer was driving, is charged with facilitating aggravated unlicensed operation, 2nd, an unclassified misdemeanor. Pahl was charged for allegedly knowlingly allowing Hofer to operate her vehicle with a revoked license. She was released on an appearance ticket to appear in Attica Village Court at a later date. Hofer is being held in Genesee County Jail on a warrant for allegedly violating parole. The incident was investigated by Attica PD officers James Prusak Jr. and Brian Marsceill.

Robert M. Price, 31, of Pearl Street Road, Batavia, was arrested by the Le Roy Police Department on Jan. 26 and charged with DWI, DWI while having a BAC of .08 percent or more, no/Improper turn signal, failure to keep right and criminal possession of a weapon in the third degree. Price was arrested following a traffic stop on George Street for using an improper turn signal and failing to keep right when he was traveling on the wrong side of the street. After a brief investigation Price was allegedly found to be intoxicated and allegedly in possession of a pair of brass knuckles. Price was arraigned in the Town of Le Roy Court by the Justice Daryl Sehm. Price was released under the supervision of Genesee County Justice, and released to the custody of a friend. Price is to return back to court at 1 p.m. on Feb. 18.

Brant Matthews, 21, of Maple Avenue, Le Roy, and Brandon Scheck, 21, of Countess Drive, Henrietta, were arrested on Jan. 30 by the Le Roy Police Department and charged with unlawful possession of marijuana, a violation. The Le Roy Police Department was investigating a suspicious vehicle parked in the parking lot of 110 Munson St. The vehicle was occupied by Matthews and Scheck who were allegedly found in possession of marijuana. Both subjects were issued an appearance ticket and are scheduled to appear in the Le Roy Town Court on Feb. 22 to answer to the charge.

Press release:

Members of the City of Batavia Fire Department IAFF Local 896 pair up with the Muscular Dystrophy Association every June to participate in the annual Fill the Boot fundraising campaign to benefit children and adults with muscle disease throughout the Greater Rochester and Buffalo areas. Members volunteer their time to fan out on city streets with boots in hand to raise money from local traffic.

To help the MDA throughout the year, members have created several “traveling boot” displays. With approval from local businesses, these displays have been placed in various business locations throughout the city. The “traveling boot” will stay in one location for a short period of time, before moving to a new location.  Customers and patrons can place loose change and dollars in the boot and help raise money for the MDA. The first boots have been placed in Dunkin’ Donuts and Southside Deli.

Batavia’s Fill the Boot drive is organized by firefighters Chris Morasco and Mark Sacheli.

“The communities’ generosity as well as great participation from our members has continued to make this program a success. The 'traveling boots' are a way that we can give back to the MDA more than just one day a year. It is a great cause, and we look forward to a successful fundraising campaign for the 2016 year.”

Two years ago, several members of the City Council, including Eugene Jankowski, expressed reservations about creating the position of assistant city manager.

Even after Gretchen DiFante was hired, some members tried to undo what had been done.

After a budget session Monday night where the council learned of an initiative DiFante has been deeply involved in that will save the city nearly $240,000, Jankowski said maybe this assistant city manager job wasn't such a bad idea after all.

"She's been multitasking on many different projects and now I'm starting to see some results on that," said Jankowski, now president of the council. "I'm thinking at this point, if that continues, that's going to be a good thing. More heads in the game kind of making these decisions is helping out, instead of Jason (Molino, city manager) trying to do all of this on his own."

What has gotten Jankowski's attention, along with the rest of the council, is a plan to switch the city's workers' compensation insurance to a self-funded pool instead of purchasing insurance.

Premiums and other related expenses keep going up. In 2011, workers comp cost the city $229,520. The projected 2016 expense, if the city kept with the current system, would exceed $700,000.

The self-funded plan will be an estimated $238,660 less than the state plan.

Several members of city staff, including Molino, have worked on the new program, but DiFante, who earns $75,000 a year, has taken the lead on research and organization and made the presentation during Monday's budget session.

Jankowski also noted that DiFante's efforts in the city's flood insurance program are also saving taxpayers money.

"I'm starting to see the assistant city manager is making a big difference in these areas," Jankowski said.

He cautioned, however, that it's the council's job to monitor how city management is doing and ensure things continue to move in a positive direction, and if that changes, take action to get the city back on track.

"The council needs to make sure things get directed and redirected so it doesn't cost taxpayers more money," Jankowski said.

Monday, the council heard reports from several department heads, including police and fire, on proposed spending for 2016-17 and nothing seemed to raise any red flags with council members. The meeting was controversy free. Jankowski said he doesn't anticipate that changing as the council works through the budget, because prior years have pretty much weeded out questionable expenses and the city is now on a sound financial footing.

The proposed spending from all funds for 2016-17 is $24,798,158. The general fund expenditure is proposed at $16,204,570. That's an annual increase of $499,806.

Under the proposed plan, the property tax would increase by 13 cents, putting the rate a $9.29 per thousand of assessed value. The tax levy would increase by $55,621, or 1.10 percent.

The city needs to take advantage of its own turnaround and the overall positive direction of the national economy, Jankowski said, and look to the future.

"Now is the time to build," Jankowski said. "The economy seems to be growing slowly across the country, so now we can start to slowly build on our end of it."

A 57-year-old Batavia man has entered a guilty plea in U.S. District Court to a drug distribution charge stemming from an investigation going back years and involving multiple individuals from Genesee County and Rochester who authorities say are associated with the Hells Angels.

Gordon L. Montgomery entered a guilty plea to conspiracy to distribute, and possess with intent to distribute, 50 grams or more of methamphetamine. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, a fine of $2,000,000, or both.

Authorities contend that Montgomery agreed to fly to California and obtain methamphetamine from a Hell's Angels leader in Monterey at the behest of James H. McAuley and his wife, Donna Boon, both Genesee County residents at the time. He reportedly made two trips in 2007 paid for by McAuley and Boon, returning to WNY with 500 grams and 1.5 kilograms of methamphetamine on the two trips.

The names of McAuley and Boon have come up in several local criminal investigations going back to 2010, when Boon was arrested as part of a multi-agency, months-long investigation into the sale of meth in Genesee County. As a result of that investigation, Donald G. Vanelli II, of Le Roy, was sentenced to 17 years in federal prison.

Boon's name has come up in connection with other investigations since then and McAuley was allegedly involved in events in Rochester that led to racketeering changes against him and several associates. That indictment charges McAuley and reputed Rochester Hell's Angels member Robert W. Moran Jr., along with Gina Tata, both of Rochester, with assault with a dangerous weapon in aid of racketeering activity; and McAuley, Moran and Tata are charged with conspiracy to commit assault with a dangerous weapon in aid of racketeering activity. In addition, Tata is charged with being an accessory after the fact to the assault and conspiracy. 

Another defendant, Timothy M. Stone, of Gates, was convicted of being an accessory after the fact to the assault and conspiracy on July 6. He is scheduled to be sentenced by Judge Siragusa on Friday (Feb. 5).

Batavia simply didn't work out for Coffee Culture, said Perry Ouzounis, VP of operations for the chain's corporate parent.

"There's no doubt about it, it's never an easy decision to close a store, but the market there wasn't very strong for us," Ouzounis said.

The Batavia closing was one of three Coffee Culture locations in WNY that closed last week, Ouzounis said, but other locations, including in Buffalo and Erie, Pa., as well as locations in Canada and Florida, continue to do well.

The closure of the Batavia store last week was big news, garnering a substantial number of page views to The Batavian's initial report of the signs being removed from the building. The coffee shop did seem popular, at least to some extent, in Batavia.

"Of course, I'm not prepared to share our P&L," Ouzounis said. "It just wasn't a viable location for us."

When the shop first opened, the company was actively seeking a franchisee to take over operations, but in two years, no potential owner stepped forward.

Ouzounis said it's tough letting their employees go, but they are receiving all pay due and other separation benefits.

"We are doing the right thing within state law," Ouzounis said.

Ouzounis said Coffee Culture is not finished growing and will look for new opportunties for new stores, but that, "unfortunately," Batavia wasn't meeting the company's goals for "long-term success."

Larry's Steakhouse has closed, but the Mullen family is far from done with serving up great meals at 60 Main St., Batavia.

Owner Steve Mullen is stepping aside and his son Brendon Mullen is planning a new restaurant at the same location, which will be called Carter's.

"I don't want to say a lot about it right now, but it's going to be something this town will be excited about," Brendon said. "It's going to be a culinary experience like nothing ever seen here."

While there is a chance the new restaurant could open within weeks, two or three months might be a more realistic time frame, Brendon said. It will take time to secure a new liquor license. 

Steve said he thanks all the patrons for their support of Larry's.

Any gift certificates for Larry's that have not yet been redeemed will be honored by Carter's once it opens.