batavia

MISSING: This 8-year-old Australian shephard answers to "Bindy" and was last seen in the West Main Road of Batavia. There's a reward for the finder. Please call Rita at 716.474.4121.

UPDATE 8:22 p.m.: Rita says the woman who found the dog yesterday contacted her about an hour after this post went up this evening to say Bindy was taken safely to the animal shelter. Because it's now after-hours, Rita won't be able to take Bindy home until tommorrow. Rita said she was overwhelmed with the response from readers of The Batavian who contacted her about the lost dog. And she thanks everyone who tried to help put.

A local businessman is planning a housing development on 100 acres of vacant farm land just off Route 5 and Seven Springs Road in the Town of Batavia, and the town's planning board has scheduled a public hearing on the subdivision application.

Peter Zeliff, an executive EIF Renewable Energy Holdings and a Batavia resident, has filed the application to convert the farmland into 76 lots for 120 single family and town home units.

The public hearing is set for 7:30 p.m., April 16 at Batavia's Town Hall, 3833 W. Main Street Road.

The location of the proposed development is north of Route 5, across from the Genesee Valley Agri-Business Park.

Zeliff is best known locally as an aviation buff, so much so that he built a large house near the west end of the Genesee County Airport runway. He owns small planes and a helicopter.

Among his charitable work is the annual WNY Aviation Camp for youngsters throughout the region.

He's also a member of the Genesee County Economic Development Center Board of Directors. CORRECTION: Zeliff is a member of the Genesee Gateway local Development Corporation, which is affiliated with GCEDC.

The owner of the parcel is listed as Oakwood Hills, LLC. It's currently assessed at $128,200.

Elizabeth A. Denise, 32, of 2 Fisher Park, lower, Batavia, is charged with two counts of endangering the welfare of a child. Batavia PD responded Tuesday to a complaint about an abandoned dog. Upon investigation, Officer Frank Klimjack reported finding an apartment in "deplorable condition" and two children residing in the dwelling. The dog was removed from the residence and taken to the animal shelter. Denise was issued an appearance ticket. There was no further information released about the children.

Daniel L. Dioguardi, 31, 4993 Upper Holley Road, Holley, is charged with burglary, 2nd, petit larceny and criminal possession of a controlled substance. Dioguardi turned himself in on a warrant and was jailed on $5,000 bail.

After the first hula hoop class presented by Blue Pearl Yoga this evening, the oft-repeated word was "fun."

Instructor Rachelle Simons said it is fun, that's why she went from a mom hooping with her four children to a serious devotee of the sport.

"It's a tremendous work out that works virtually ever muscle in your body, from head to toe," Simons said. "As you're doing it, you don't even realize you're doing it because it's so much fun."

The introductory class covered hoop basics, stretching and a bit of actual hip movements to keep the hoop going.

For many of the dozen students, it was the first time they had hooped since they were children.

The last time for Julie Yaeger, "probably not since I was 12, and I won't tell you how long ago that was," she said.

Donna McJury joined the class because she expected it to be fun, relaxing and a chance to get fit.

"I think I'll get more energy," she said. "And maybe a smaller waist."

Simons ended the class with a demonstration of hula hoop dancing, showing off several tricks and techniques, telling class members that they were all capable of learning everything she did.

She then talked about the types and weights of hoops she has available, and which people might consider using based on their hoop plans and abilities. Her hoops are available at luvhoopsonline.com.

The cost for the five-week session is $45 and if there's demand, more classes could be added.

Press Release from Phil Ricci, chairman of the Gensee County Libertarian Committee:

Dick's Sporting Goods also does not expect to win, or ask for, tax abatements to expand here. "Our goal is to deliver everything at the lowest price," Hennion said. "We really don't feel like we should be using customers' money to build our stores."

That was a direct quote from the VP of Dick's Sporting Goods!

The classification of the Batavia Towne Center as a "tourist destination" is laughable at best, and a complete deception regardless. More than $6 million dollars has already been promised to COR over a 10 year period. Yet even though the company did not complete many of the promises within the original project, they are asking for an additional $ 1 million in "tax incentives" to re-fit a previously failed space!

No tax payer should be asked to subsidize a multi-billion dollar retail chain, so they can do business in their town, but what's even worse is when that retailer is not asking for the help!

Stop the abuse! Tell Mary Pat Hancock and the GCEDC Board to not approve the additional funds!

Sign the petition: http://www.thepetitionsite.com/706/682/307/stop-the-additional-funding-of-tax-incentives-to-cor-for-dicks-sports/

Press release:

The City of Batavia is proud to make the announcement of the following promotions and appointment.

Sgt. Robb Yaeger, a 25-year veteran of the Police Department, is being appointed effective April 7 to fill the position of assistant chief of Police. City Council approved the creation of the position of assistant chief of police as part of the 2013/14 budget.

Sgt. Yaeger began his career in law enforcement in 1986 in the position of corrections officer assigned to the Genesee County Sheriff’s Office Jail. Prior to this he had served for two years as an animal control officer for Genesee County. In 1988 Sgt. Yaeger was hired by the City of Batavia as a police officer for the City of Batavia. During his time as a police officer Robb served as a field training officer, was assigned to the Neighborhood Enforcement Team, was assigned to the Genesee County Drug Task Force, was a member of the Batavia Police Department’s Crash Management Team and joined the Emergency Response Team.

In 2003 Robb was promoted to the rank of sergeant. He became the Field Training Program’s coordinator, having helped mentor and train countless new police officers. Sgt. Yaeger also served as the department’s quartermaster, fleet maintenance officer, a certified Taser instructor, the department’s STOP-DWI coordinator as well as coordinating several grants awarded to the police department. All this while operating as a uniformed supervisor on various assigned shifts. Sgt. Yaeger is a past recipient of the Batavia Police Officer of Year and was also honored with the Distinguished Public Service Award.

Robb has demonstrated his dedication to serving the City of Batavia, its residents and commuters, all the while holding himself to the highest of standards. Robb is married with three children and lives in the Town of Batavia.

Robb's duties will include, but not be limited to, acting in the capacity of the chief of police when necessary, overseeing and directing the duties and functions of the Road Patrol section of the police department, as well as assisting the chief of police with day-to-day managerial functions of the department.

Officer Chris Camp was promoted to sergeant in February following the retirements of Lt. James Henning and Sgt. John Peck.

Chris is a dedicated police professional, having been assigned to Road Patrol since being hired in 2006. Chris has consistently demonstrated a high drive and zest for police work. Sgt. Camp became a field training officer in 2009, is a certified police instructor, firearms instructor and member of the police department’s Emergency Response Team. He is also a past recipient of the Kiwanis Officer of the Year.

Officer Eric Bolles is to be promoted on April 7 to fill the Sergeant position vacated by the appointment of Assistant Chief Robb Yaeger.

Officer Bolles joined the police department in 2006 after having worked in the private sector. Eric is a former member of the Air Force, having supervised several lower ranking members of his unit. Officer Bolles is also a field training officer, having mentored several new officers.Officer Bolles’ private sector and military leadership will be beneficial to the police department moving forward.

A distraught man inside a house on Bank Street Road is threatening to harm himself and he reportedly has a pistol. Law enforcement is on scene and traffic is being stopped at East Saile and Bank, and at R. Stephen Hawley Drive and Bank. He was on the phone with a counselor, but now is not answering the phone.

UPDATE 4:40 p.m.: An adjacent house is ordered to be evacuated.

UPDATE 4:42 p.m.: The occupants of the adjacent house have left. A state investigator is talking with the original caller to dispatch about this incident to try and glean more information. A nearby church is going to be checked and if anyone is there, they will be told to leave.

UPDATE 4:46 p.m.: Mercy medics are told to go to Bank Street Road and Hawley Drive in case they are needed.

UPDATE 4:48 p.m.: A responder who checked out the church says it appears to be sealed up and no one is there.

UPDATE 4:52 p.m.: At the scene: "We've got him coming to the front door. ... we made contact briefly. He went back inside the front door."

UPDATE 4:54 p.m.: Parents of children in a nearby daycare center are informed that when picking up their kids, they must travel via the city northward to the daycare facility.

UPDATE 4:56 p.m.: The man is in custody. The Emergency Response Team is cancelled.

UPDATE 4:59 p.m.: The adjacent residents are being called and told they can return home. The road is reopened. "The daycare knows what's going on and they're all set."

UPDATE 5:05 p.m.: Responders are back in service.

Sarah Elmore, 31, of 8146 Bank Street Road, Batavia, was arrested today and charged with six felony counts of offering a false instrument for filing in the first degree and one count of petit larceny following an investigation by the Genesee County Department of Social Services.

The charges were filed after an investigation revealed that Elmore submitted various forms to the Genesee County Department of Social Services on which she allegedly concealed the fact that she was working as a self-employed personal care aide and earning income from her business.

Elmore is accused of receiving Food Stamp benefits totaling $686 and Home Energy Assistance Program (HEAP) benefits totaling $75 between January and December 2011 to which she was not entitled. Elmore was arrested by the Genesee County Sheriff’s Department and issued an appearance ticket to appear in Batavia Town Court on April 11 to answer to the charges.

Anyone wishing to report suspected cases of welfare fraud in Genesee County can contact the Genesee County Department of Social Services at (585) 344-2580, ext. 6417 or ext. 6416. All calls are confidential.

NOTE: There was a big mistake in the original headline of this post about the amount of property taxes that would be generated over 10 years.  The correct number is $4.3 million, not the significantly higher number previously quoted.

Batavia Towne Center, in the four years since the first stores opened there, has generated more than $500,000 in new property tax revenue for schools and county government.

It's also generated more than $500,000 in new fire tax revenue for the Town of Batavia.

We don't know how much sales tax it's generated because those figures are considered confidential. But COR Development estimated -- when it applied to GCEDC in 2006 for tax abatements for the project -- that at build-out, the center would add more than $4.5 million in annual sales tax to the state and county treasuries.

Under the current terms of the agreement between COR and the Genesee County Economic Development Center, Batavia Towne Center will generate an estimated $4.3 million in property tax and fire tax revenue by 2018.

COR is asking that the original agreement be modified to help the company attract Dick's Sporting Goods along with one or two other retailers to the former Lowe's location.

There are three tax abatements under consideration:

• $180,000 sales tax exemptions
• $43,750 mortgage tax exemption
• $828,390 property tax exemption

Before there was a Batavia Towne Center there was 47-acre parcel of land that didn't have much on it except for the Wood Hill Trailer Park off Park Road that -- according to a June 22, 2006 article in the Batavia Daily News -- was filled with aging trailers that once housed race jockeys from Batavia Downs.

The total assessed value in 2008 was $1.6 million.

After Batavia Towne Center opened, the assessed value jumped to $14.5 million.

Under the terms of the original agreement with GCEDC, COR received a $6 million tax incentive package:

• $2,078,400 sales tax exemption
• $312,500 mortgage tax exemption
• $3.6 million property tax exemption

COR was planning a 375,000-square-foot shopping plaza that would be anchored by Target and Lowe's with Bed, Bath & Beyond, PetCo and Michael's, as other key tenants.

It would cost COR an estimated $40 million to build the center.

COR estimated at build-out the stores would employ 364 full-time equivalents (FTEs), who would be paid $9.9 million in annual wages, and the stores would generate $4.6 million in annual sales tax on $667 million in gross annual sales.

In 2007, the project was split into two parts, because Target insist on owning the building and real estate of their own stores, so the benefits and liabilities of the project are now split between COR and Target.

For the life of the agreements, both COR and Target are required to submit an annual report to GCEDC on employment.

By the time all of the stores were open in 2009, COR and Target reported a combined 365 FTEs.

As the economy declined after 2009, so did employment, dropping to 341 FTEs in 2011.

After Lowe's closed, the number of FTEs dropped to 270 in 2012.

The bulk of the incentive package for COR (all numbers in this story roll up COR and Target as if it were still a single project) was the property tax abatement.

The abatement is known as a PILOT (payment in lieu of taxes). 

A PILOT is designed to forgive a portion of property taxes on the increased assessed value on a parcel of real estate that are the result of improvements.

In the case of Batavia Towne Center, as stated above, the property's assessment rose from $1.6 million to $14.5 million.

COR continued to pay property taxes on the original $1.6 million assessed value, but in 2010, when the assessed value jumped so dramatically, it paid no property taxes on that additional $12.9 million in assessed value.

Under state law, fire district taxes cannot be waived, so when the assessed value jumped, so did the amount COR pays for fire services in the Town of Batavia.  Currently, COR and Target pay more than $266,000 annually in fire protection taxes.

Starting in 2011, COR began paying taxes on 20 percent of the increased assessed value, or on $2.6 million of the new additional assessed value.

This year, COR's share jumps to 40 percent of the assessed value.

By 2017, COR will be paying 80 percent of the increase in assessed value and the PILOT expires in 2019, at which point, COR and Target will be paying property taxes on 100 percent of the increased assessed value, or about $4.1 annual in property taxes.

The bulk of those taxes go to the school district with the rest going to the county.  The Town of Batavia currently has a zero property tax rate.

The projected numbers are based on the current assessed value, which is subject to change annually.

For the exemption of the center to accommodate Dick's and other retailers, COR is asking for the PILOT to be amended to cut the taxes on the new assessed value of that portion of the project.

Currently, the portion of the property that contains Lowe's is assessed at $6.9 million.

The improvements will increase the assessment to an estimated $8.6 million.

COR is asking for an amended PILOT just for that parcel that will begin at the 40 percent of increased assessment value and extend the life of the PILOT (just for that parcel) through 2024.

Rather than going up 20 percent every two years, the 40 percent of assessed value would last for three years, then go up to 50 percent for two years, 60 percent for two years, 70 percent for two years and 80 percent for two years.

In 2007, as we reported earlier, the project was only eligible, as a retail project, for tax incentives, because it was declared a "tourist destination."

Under terms of IDA law, a tourist destination is defined as a location that will attract a significant amount of traffic from people living outside of the IDA's service area.

In this case, from outside Genesee County.

The agency also had to find that the project would offer a service not otherwise available to county residents.

In a June 8, 2007 letter, COR's VP and attorney Joseph B. Gerardi, wrote in a letter to Steve Hyde, CEO of GCEDC:

It is anticipated that the Towne Center will provide economic and/or tourism opportunities for commercial uses not otherwise readily available to residents of the Genesee County Economic Development Region. ... The Towne Center project is also anticipated to retain a significant percentage of the retail sales available in the Economic Development Region that is likely to be leaving the Region, and create additional economic development activity. This is a result of the potential for Towne Center to attract retail sales from counties that are in near proximity to the Region and/or development.

Legislature Chairwoman Mary Pat Hancock wrote in a letter dated Jan. 2, 2007:

In order to assist the Agency in making such a finding, the Company has represented that the Project is the sole comparably-sized shopping center available to residents of Genesee County and therefore provides a service that would otherwise be unavailable.

Hancock's letter did not address the "tourism destination" designation.

While the project was in development, GCEDC was apparently interested, according to a February, 2007 article in the Batavia Daily News, in adding a multi-screen theater to the project.

COR seemed less than thrilled with the idea, noting that adding theaters would mean less parking, and theater patrons would take up a lot of parking spaces that would otherwise be filled with store shoppers.

The original project proposal also promised restaurants, but none of have been built in the plaza.

COR also promised to plant $200,000 in trees in the parking area.

It's expected that if GCEDC is to grant new tax incentives to COR for Dick's Sporting Goods and other additional retail space, the project will need to be approved as a "tourism destination" and provide goods and services not otherwise available in Genesee County.

In 2005, while discussing sports retail outlets in Forth Worth, Jeff Hennion, then VP of strategic planning for Dick's Sporting Goods, told the Star-Telegram that Dick's wasn't interested in tax incentives for their stores.

"Our goal is to deliver everything at the lowest price," Hennion said. "We really don't feel like we should be using customers' money to build our stores."

UPDATE: Original site plan map added, courtesy COR Developerment.

A disabled semi-truck is blocking traffic at Clinton and East Main streets. City police are responding.

UPDATE 4:32 p.m.: A wrecking tow is called to haul away the tractor-trailer.

If you're a city resident who thought you might get totes for your garbage and recycling starting June 1, you will be very disappointed to learn that none of the haulers planning trash service for Batavia will offer totes.

Not even Waste Management, one of the largest refuse collection companies in the nation, will offer totes in Batavia.

Genesee ARC, who had the contract with the city for garbage collection for 28 years, will offer the same bag and can service the agency has always offered.

Jeff Gardner, starting up Gardner Disposal, will pick up bags and cans, and PSI, based in Alabama, will pick up bags and cans.

Or you can drop off your own bags at Scofield's transfer station in Stafford or the Town of Batavia's transfer station.

But a tote that you can wheel to the curb? Forget about it.

Waste Management will charge $24 a month for up to a dozen 30-gallon bags. The quarterly rate, with fees and fuel charges, will come to $92 to $95.

Genesee ARC will charge $21.95 a month for curbside pick up of cans and bags, or you can buy 10 bags at a time for $30, or ARC will offer a drop-off service at the West Main site is 10 cents per pound.

The new kid on the block, Gardner Disposal, will be locally owned and operated and at least to start. The new owner, Jeff Gardner, will also be the garbage man picking up the trash.

He plans to charge $20 a month for up to seven 13-gallon bags or up to five 30-gallon bags. (Gardner offers more information on his Web site.)

PSI is $25.50 per month for six bags a week.

All services will offer free recycling pick up, but again, no totes.

As for bulk items, prices will vary and picks must be scheduled with your contracted hauler.

Here's a list of companies and phone numbers offering service to Batavia residents

Gardner Disposal: (585) 343-4626
Genesee ARC: (585) 343-1123 or 585-343-4203
PSI Disposal, Inc.: (585) 599-3255
Waste Management, Inc.: (800) 333-6590

Transfer stations to drop off refuse, recycling and bulk items:

Scofield Transfer and Recycling: (585) 343-7373
Town of Batavia Transfer Station: (585) 343-1729

There was a string of miracles today when an older, handicapped driver backing out of the driveway of his Clinton Street home lost control of 2010 Toyota sedan and slammed into his neighbor's home.

Somehow, he avoided hitting his own fence. The car shot through a stand of trees and into the gap between two trees that was no wider than his car. Nobody, including the driver was injured. And while his neighbor's house was badly damaged, it wasn't knocked off its foundation and should be repairable.

"As you can see it's a pretty tight fit," said Officer Frank Klimjack. "It's amazing that he didn't hit a tree or his own fence or anything like that and he came down here and hit the house. Fortunately, nobody's hurt and we can fix the house and fix the car and we should be all set."

Skid marks in the lawn indicate the man's car became airborne just before it hit the garage.

The man, who doesn't have full use of his right leg, said the normal right-side gas pedal in his car is blocked and he has a gas peddle on the left side of his brake. Somehow, he missed the brake peddle and stepped on the gas. The car accelerated so fast he had no time to react.

He said all he was thinking about was how to stop apply the brake and stop the car. He didn't even see where he was going.

The man was trapped in the car and city fire responded to assist him. He waited in the vehicle until a family member showed up with his motorized wheelchair.

The garage needed to be stabilized before the car could be moved.

(Initial Report)

A semi-truck and car collision is reported on the eastbound Thruway at mile marker 386. Possible serious injuries. Mercy Flight is on ground standby. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 10:47 a.m.: The car is well off the roadway. Traffic is not blocked. State Police on scene requesting the fire department to cancel its response. A dispatcher notes "that's interesting." Fire command orders all units to continue to the scene.

UPDATE 10:50 p.m.: The car is in the center median.

UPDATE 10:56 a.m.: The truck driver is OK and so is his truck, except for some damage to the tires.

UPDATE 11:05 a.m.: The driver of the car is a 41-year-old female who did not sustain serious injuries. She is being transported to UMMC with chest pain.

A driver backed into a closed garage at 39 Clinton St. and is not injured, but is unable to get out of the car. City firefighters are responding along with Mercy medics as a precaution.

UPDATE 10:44 a.m.: There is serious structural damage. A code enforcement officer is en route. A second vehicle, which was already parked in the garage, is also damaged.

UPDATE 10:53 a.m.: Code enforcement is on scene.

UPDATE 10:54 a.m.: Mercy medics are back in service. The patient was a sign-off.

Genesee ARC told WBTA today what the agency plans to charge local residents for garbage pick up starting June 1, when the city will stop providing taxpayer-subsidized garbage collection.

Traditional curbside service is $21.95/mo, self-directed bag service is 10 bags for $30 and drop-off service at the West Main site is 10 cents per pound.

No word yet on how to sign up for the service.

WBTA reports that an ARC representative said the price levels will help the agency remain solvent and continue its programs and mission.

For 28 years, Genesee ARC had an exclusive contract with the City of Batavia for curbside trash and recycling collection, but all of that changed when the city decided to take measures to get the cost of trash collection out of property tax bills.

After a public protest over a proposed automated system using totes with a contract for garbage collection going to an Arizona-based company, the council voted to get the city out of the trash business completely.

Starting June 1, property owners will be responsible for contracting with a priviate hauler or taking their garbage to a transfer station. Other contractors planning to service the city are Gardner Disposal, PSI Disposal and Waste Management, as well as transfer stations Scofield Transfer and Recycling and Town of Batavia.

Here's a list of contractors and phone numbers provided by the city in a letter to residents:

Gardner Disposal: (585) 343-4626
Genesee ARC: (585) 343-1123 or 585-343-4203
PSI Disposal, Inc.: (585) 599-3255
Waste Management, Inc.: (800) 333-6590

Transfer stations to drop off refuse, recycling and bulk items:

Scofield Transfer and Recycling: (585) 343-7373
Town of Batavia Transfer Station: (585) 343-1729

One of Genesee County's former Assembly representatives and a well-regarded local businessman, James Carmichael, died Monday at Buffalo General Hospital. He was 88.

A World War II veteran, Carmichael served in the Assembly from 1964 to 1966.

He was owner of the Carmichael Agency in Batavia for 60 years.

During his time with the Army Air Corps, Carmichael served in Japan and Burma. He was an active member of Oakfield Community Bible Church.

For the complete obituary, click here.

From Batavia Police Det. Richard Schauf:

Missing 13-year-old Chelsea Darnley Emondt-Fauel was located in the City of Niagara Falls. She has been returned to her guardian safely. Thank you to all agencies that assisted in her location and safe return.

Batavia PD is responding to Family Dollar for a report of a person possibly with a weapon.

The patron has reportedly bumped into some customers and told them to be careful because he has a gun.

UPDATE 11:15 a.m.: Officers are with the person and the situation is under control.

Edward Thomas Zaremski, 62, of Lockport Road, Oakfield, is charged with promoting prison contraband, 2nd, and unlawful possession of marijuana. Zaremski allegedly possessed a small amount of marijuana upon entering the jail at 12:35 a.m., Sunday.

Kayo Takeshita, 23, of Batavia Stafford Townline Road, Batavia, is charged with menacing, 2nd, and harassment, 2nd. Takeshita is accused of displaying a knife in a threatening manner during a fight at College Village. A stay away order of protection was issued in the matter.

James William Caccamise, 81, of Asbury Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and leaving the scene of a property damage accident. Caccamise allegedly backed into a building at GCC at 11:16 p.m., Tuesday, and later drove into the yard of a residence in Le Roy. The investigation was handled by Deputy Joseph Corona.

Lauren Elizabeth Charache, 33, of Myrtle Street, Le Roy, is charged with forgery, 2nd. Charache allegedly signed the name of a deceased woman on a contract.

Press release:

The City of Batavia Republican Committee is seeking City Republicans interested in running for the position of City Council At-Large.

This position is a four-year term on the City Council and is a seat that represents the entire City of Batavia. Letters of interest can be e-mailed to City Republican Chairman Matt Landers at lmlanders@yahoo.com by April 12, 2013.

Here is your chance to serve your community! If you want to get involved in making Batavia a better place to live and work then we want to hear from you!