batavia

Thirteen parcels auctioned off at Bontrager's in Batavia on Saturday morning will add nearly $78,000 to the Genesee County coffers.

But's a bit short of the more than $100,000 in unpaid taxes that caused the county to foreclose on the properties in the first place.

County Treasurer Scott German said he was disappointed at the results.

The total tax assessment value of the properties exceeded $250,000, but one winning bidder said the Village of Le Roy rental he won for $8,000 wasn't worth the $22,000 in assessed value.

Winning bidders won't be responsible for the back taxes, but they may owe other fees and taxes to the towns and villages with jurisdiction over their winning properties.

Two of the properties auctioned off have been in the news in the past couple of years.

One of the first properties up for auction this morning was 789 Lewiston Road, a one-acre parcel where an alleged meth lab was found in November. It went for $3,000 (sorry, I'll need to follow up on the assessed value ... didn't write this one down for some reason).

The other property that was in the news was 7881 Lewiston Road, where a fire claimed the life of 17-year-old Erik Mooney on May 30, 2008. This Lewiston Road parcel went for the highest auction price at $29,000. There were $890 in taxes owed on the land, which was valued at $25,000.

One of biggest bargains of the day may have been out of the Village of Alexander, where a house and 1.28 acres at 3438 Telephone Road valued at $42,100 went for $8,000. There were $1,784 in taxes owed on the property, which led to its foreclosure.

Another bargain was 1 Pleasant St., Le Roy, which is valued at $48,600 and sold for $8,000. The back taxes on the parcel were $32,866.

Bidders said they were there for a variety of reasons, from representatives of Habitat for Humanity to landlords to people just looking for a bargain on a good piece of property.

The Foss's, pictured below, purchased a small parcel just because it adjoins their current property.

The video under the picture contains pictures from the auction. It's important to note that the audio has no relation to the bidders you see in the video. Just because you see a picture of a bidder doesn't mean he or she is bidding on the property in the audio or at the price mentioned. The audio is for bidding on 7881 Lewiston Road.

Three Batavia men are facing drug charges following a traffic stop on Route 33 in Batavia yesterday.

The men are accused of carrying drugs and needles after being stopped by Deputy Matthew Butler at 5:35 p.m.

Charged and released on appearance tickets were:

• Andrew J. Draper, 31, of 9 Overlook Drive, Batavia;
• David W. King, 28, of 3481 Batavia-Oakfield Townline Road, Batavia
• Randy S. Wiedrich, 38, of 5 Porter Ave., Batavia.

All three were charged with possession of a controlled substance, 7th, and possession of a hypodermic instrument. Draper was charged with unlawful possession of marijuana.

The reason for the initial traffic stop was not reported.

Two-year-old Keegan Delcamp, of Batavia, has already had open-heart surgery. He still needs a transplant.

Two co-workers of Keegan's mother, Ronette Wolcot, from Attica, and Marcy Mabon, of Oakfield, are sitting atop Mabon's home to help raise awareness of Keegan's plight and encourage cash and recyclable donations.

The women started their rooftop sitting at noon today and will stay there until midnight noon tomorrow (Sunday).

They said the word got out fast today (mostly through forwarded text messages) and they've had a big turn out, including one man who dropped off -- anonymously -- $500 in cash first thing.  They've received other $500 donations, as well.

The pile of cans and bottles in Mabon's yard is about 4 feet high. Co-workers have already raised $2,000.

Mabon said there is no limit on how much they need to raise -- Keegan's needs are just too great.

To make a donations prior to noon (Sunday) drive out to 3781 Batavia-Elba Townline Road.

These two old barns and silo are along Route 98, probably in the Town of Batavia, near Elba.

Henry Homelius had no formal education, but the man born in Buffalo in 1850 would be, by the late 19th Century, perhaps Batavia's foremost architect. Together, with his son, Frank Homelius, he would design some of Batavia's grandest homes and commercial buildings.

Bill Kauffman shared a little booklet with me the other day titled "Henry and Frank Homelius: The Men Who Built Batavia."

Late this afternoon, I drove around and snapped pictures of some of the homes they designed. In the course of doing so, I also came across a number of homes not included in the book that were equally as grand as those credited to the Homelius's. So maybe they didn't build Batavia single-handedly, but they sure did build some great homes.

They also built some of Batavia's great commercial buildings as well, such as: the Batavia Daily News building on Jackson Street; the Batavia Times building on Center (now Center Street Smoke House); the former State Police barracks (now home to the Batavia Police), and the old firehouse on Main Street.

Henry Homelius is responsible for several of the homes on Ellicott Avenue.

Start with Ellicott Avenue, after the jump below are the pictures I took of some of the homes designed by Henry (mostly) and Frank:

(Top photo above is 130 W. Main St., originally built for George D. Weaver in 1889)

7 Ellicott Ave.

8 Ellicott Ave.

16 Ellicott Ave.

24 Ellicott Ave.

32 Ellicott Ave.

33 Ellicott Ave.

39 Ellicott Ave.

41 Ellicott Ave.

52 Ellicott Ave.

57 Ellicott Ave.

23 Summit St.

151 Summit St.

111 Washington Ave.

145 State St.

35 Richmond Ave.

56 Redfield Parkway

2 North Ave.

39 Ross St.

308 E. Main St.

A Ross Street resident has been arrested in connection with an alleged home-invasion burglary in Batavia last week and jailed without bail.

Robert D. Wright, 18, of 149 Ross Street, is charged with burglary, 2nd. Additional charges are pending, according to police.

A second suspect remains at large.

Wright is accused of entering a home at 20 Vine St. around 5 a.m., March 18, with a white male -- both of them had their faces covered -- and demanding drugs.

Police said the suspects claimed to have a gun, but didn't display a weapon.

Police at the time said they didn't believe the home was selected at random.

Anyone with information is asked to call the Batavia Police Department at 585-345-6350 or the Batavia Police Department’s Confidential Tip Line at 585-345-6370. Information can also be left via the Suspicious Activity Reporting link at the Batavia Police Department’s Web site.

A medical condition appears to be the cause of an accident Wednesday afternoon that left three poles -- called bollards -- splayed across the sidewalk next to the Oak Street Roundabout.

A 66-year-old woman turned herself in after learning from Attica Police that she had knocked down the bollards. She thought she had merely driven over a curb.

The Batavia woman's doctor recently changed her medication for diabetes and the woman told police she became drowsy.

The Batavian agreed not to release her name because it was a private medical condition and there were no citations issued.

The woman was coming off Pearl Street and drove up onto the curb just before she normally would have entered the roundabout.

The bollards are decorative posts meant to guide traffic along the roundabout. No word on the estimated cost of the damage.

Wikipedia defines bollard:

A bollard is a short vertical post. Originally it only meant a post used on a quay for mooring. The word now also describes a variety of structures to control or direct road traffic, such as posts arranged in a line to obstruct the passage of motor vehicles.

A Batavia man died in a head-on collision in Connecticut yesterday, according to WBZ, A Boston-area TV station.

Lance Lewis, 36, was pronounced dead at the scene.

Lewis reportedly was driving the wrong way on I-95 near Norwich.

The driver of the other car, Terrence Garbuzinski, 46, of Attleboro, Mass., also died at the scene.

UPDATE: The Day has a longer story with more details. The Norwich Bulletin reports that Lewis lived at 137 Summit St. He was driving a Honda CRV with New York plates.

Elliott M. Hickman Jr., 19, of 148 Hutchins St., Batavia, is charged with robbery, 2nd, petit larceny and endangering the welfare of a child. Hickman is accused of robbing an MP3 player from a 15-year-old in a parking lot at MacArthur Park on March 10. Hickman was jailed without bail. Previously charged in the same case was Malik I. Ayala.

Destany AnnMarie McNutt, 21, of 1302 Phelps Road, Apt. 4, Corfu, is charged with petit larceny. McNutt is accused of stealing merchandise and money from Walmart while employed at the store.

Nicholas Jerome Lucarelli, 38, of 35 E. Gatewood Ave., Gates, is charged with DWI, driving with a BAC of .08 or greater, speeding (73 in a 55 mph zone), and consumption of alcohol in a motor vehicle. Lucarelli was stopped at 12:52 a.m. by Deputy Timothy Weis on Route 19 in Le Roy for allegedly speeding.

Accidents from the State Police blotter:

6:06 a.m., March 24, Griswald Road, Le Roy, one vehicle; Driver 1: R.W. Fitzsimmons, 41, of Linwood. No injuries reported.

6:16 a.m., March 24, Lake Street Road, Town of Le Roy, one vehicle; Driver 1: Thomas M. McCullough, 53, of Le Roy. No injuries reported.

6:40 a.m., March 23, Route 33, Pembroke, one vehicle; Driver 1: Shirley A. Kensek, 51, of Batavia. No injuries reported.

To hear William Cassidy tell it, the students at Genesee Community College "run a bus service," sort of.

He's a senator in the student government who's lobbying to change the status quo for funding bus transportation. As it stands, the B-Line Bus Service to the college is paid for with student activity fees, a practice that's been in place for years and years.

What many at the college would like to see, is a "market-based" system wherein the students who use the B-Line buy a bus pass. Now, the entire student body chips in to pay for something that a small minority of students use regularly.

Currently, $118 per full-time student and $22 per part-time student goes into the student activities fund each semester. This pays for major equipment repairs, as approved by the college Board of Trustees, pre-season and post-season athletics, and day care.

The fund is left with $322,000 for trips, pizza parties, movies, etc., and to finance B-Line Service, which costs $52,000. Individual riders show their student I.D. cards and pay nothing to get onboard. Non-students, those without I.D.s, pay $1.

The current three-year contract with B-Line expires in May and negotiations are under way for a new one. The latest talks occurred Monday.

Linda Knox, who is in charge of the B-Line Service in Genesee County, said she could not discuss the matter due to the negotiations. Cliff Scutella, a student advisor at GCC, is working to bring student government reps and transportation officials together to discuss the issue.

"Last time I checked the SUNY Charter, it allows student government to spend its activity funds as the campus sees fit," Cassidy said. "It doesn't mention running a bus service."

Cassidy facetiously suggests starting a "Bus Club" for riders to earn money to pay for B-Line Service. All the other campus clubs are obliged to raise their own funds.

"We could have a bus wash," Cassidy said.

The transit authority has suggested reducing the cost of the B-Line by having fewer runs, a solution Cassidy finds "absurd" because the GCC loop has more riders than any other route in the county.

When asked about other options for funding bus service to the college, Rochester General Regional Transportation Authority, which B-Line is part of, apparently likes things the way they are.

Myriam T. Contiguglia, its regional marketing coordinator, offered this statement:

"The 30-year partnership between BBS and GCC has provided students with reliable transportation allowing them to access higher education. Removing the transportation barrier creates less stress for students so they can concentrate on academics thus increasing graduation rates.

"People living in rural areas face many of the same challenges as people living in urban centers seeking educational opportunities but often have to travel greater distances, have less opportunities for part-time jobs and income levels are often lower. The availability of public transportation in rural areas removes two barriers from people going to school: the lack of private transportation and the expenditure of limited income to pay for insurance, gas, car payments. The money saved can go towards paying for tuition and books."

Robert Griffin said he was leaving the Dollar General about 3:45 p.m. when he heard a pop and then smoke started billowing out from under the hood of his car.

City Fire responded and quickly doused the small fire.

Batavia Police are looking for a blue color SUV that lost its wheel well and has damage to its right front bumper after striking sign posts in the roundabout and driving off.

The car was last seen heading south on Walnut Street.

UPDATE: Sign posts weren't struck down -- light poles were -- three of them coming off of Pearl Street into the roundabout. It looks like the driver never even entered the roundabout, but drove through the median coming off of Pearl and onto the parkway, then off onto Walnut. One of the light poles was dragged a good 80 feet.

Nice sunny day -- a good day for hoisting a new heating and air-conditioning unit atop the St. Jerome's building as part of ongoing renovations.

At one time, Batavia School District officials spoke of a possible 10-percent tax increase on local property owners, but the final approved budget includes only a 1.23 percent increase.

District Business Manager Scott Rozanski told The Batavian's news partner WBTA, that past years' conservative budgeting -- underestimating revenue and holding a line on expenses -- has made it easier for the district to weather big cuts in state aid.

"There may be a greater impact next year and in future years if the trend continues," Rozanski said.

The 1.23-percent increase works out to 27 cents per $1,000 of assessed value, so on a home assessed at $80,000, the taxpayer will pay the school district an additional $21.60.

Rozanski said that over the past few months, the district has been able to cut expenses, which contributed to the district's ability to hold down the tax increase.

WBTA has posted a historical chart of tax increases (and decreases) from the district as well as an MP3 of its interview with Rozanski (click here).

Voters will be asked to approve the budget May 18.

Dozens of local officials were on hand for the grand opening ceremony for Batavia's Mental Health Treatment Court, a new program -- one of the first in the state -- of the Batavia City Court.

Judge Robert J. Balbick was the first speaker.

The court is a program for defendants who have serous mental health issues, who need treatment and other services, and who chose to participate in the program instead of having their cases proceed through the regular court process.

The court will accept defendants who, in addition to mental issues, need substance abuse treatment or who have developmental disabilities, or those who have suffered traumatic brain injuries.

Today's ceremonies opened with musicians playing guitar and flute (in separate rooms). Besides Balbick, other speakers included Judy Harris Kluger, chief of policy and planning for the court, Paula Feroleto, chief administrative judge, Augusta Welsh, clinical director of Genesee County Mental Health Services, Ed Minardo, Genesee Justice, Gary Horton, public defender and Robert Zickl, assistant district attorney, among others.

For more information on the court, see our previous story.

Batavia Police continue to dig into the activities of a Warsaw man who is accused of running a complicated scheme to use stolen credit card numbers to buy building materials and then bill customers for the materials.

Today, detectives executed a search warrant at a property in Bethany and reportedly recovered thousands of dollars worth of material that was allegedly purchased with stolen credit cards from Armor Building Supply during a three-month period in 2009.

Two more counts of grand larceny have been added to the four already filed against Dustin Hurlburt, of 32, of 21 Elm St., Warsaw.

There may be other suspects in the case and Batavia detectives are asking anyone with information that might be relevant to the case to call them.

Because of the alleged use of credit cards and the amount of money involved, the U.S. Secret Service has joined the investigation.

Det. Kevin Czora is the lead detective on the case.

David J. Schultz, 27, of 3124 W. Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and speeding. Schultz was stopped at 2:32 a.m. on Tuesday by Officer Kevin DeFelice.

John A. Akok, 30, of Hartford, Conn., is charged with DWI and driving with a BAC of .08 or greater. Akok was stopped by State Police on the Thruway in Stafford at 7:42 a.m., Monday.

Isreal A. Amador, 22, of Rochester, is charged with criminal contempt. Amador was picked up at 11:08 a.m., Monday, by State Police in Le Roy at the Thruway exist for allegedly violating an order of protect. No further details available.

Even though local laws regulating where convicted sex offenders can live have been overturned by courts, the Batavia City Council wants more information on what sort of laws it can pass regulating sex-offender residency around daycare centers, parks, schools and churches.

The issue is being pushed hardest by Councilwoman Rose Mary Christian, who has received complaints about a Level 3 sex offender in her ward.

"Our preliminary investigation shows a strong leaning in the courts -- because there is such an extensive body of state statute dealing with this matter -- there is a strong feeling in the courts that this is an area that the state legislature has preempted," said City Attorney George Van Nest. "It would be beyond the ability of local municipalities to create a whole other body of regulations."

A Web page maintained by David Hess, pastor of the West Henrietta Baptist Church in West Henrietta, tracks local sex-offender laws and writes that such laws have been thrown out in Schuyler, Albany and Rensselaer counties.

"We need to do something to protect our children," Christian insists.

Council President Marianne Clattenburg suggested the city ask the New York Conference of Mayors if any local laws have been upheld. Those might be the model for Batavia, she suggested. Then the council can better direct Van Nest on any draft laws or other action.

Three residents spoke in favor of creating tighter local regulations on where sex offenders can live, including Tara Pariso, a mother of three children who is also executive director of CASA, an agency that acts as advocates for children caught up in the legal system.

Pariso discovered while searching for daycare for her own children that one daycare center in Batavia is operated by the wife of a Level 2 sex offender who lives in the house next door to the facility.

"I have no trust left in our state that they’re protecting our children," Pariso told local media after the meeting. "They have no licensing requirement that there are no sex offenders in their neighborhood. I would not trust the state to tell me who is safe and who is not, and the licensing really means nothing to me at this point. I have to do my own background investigation to figure out who I can trust my children with."

The home Pariso is concerned about is Teddy Bear Day Care, at 25 Pearl St., Batavia. 

The New York Office of Children and Family Services lists Marsha Coy as the operator of Teddy Bear Day Care.

Ronnie Coy, a Level 2 sex offender, lives at 27 Pearl St. He was convicted in 2002 of promoting sexual performances by a child and served more than a year in prison. According to local law enforcement officials, Coy has not been in any trouble since his release from prison.

A Genesee County database indicates Ronnie and Marsh Coy purchased 27 Pearl in March, 1983.

The owner of 25 Pearl is another Batavia resident, so Marsha Coy apparently rents the location of Teddy Bear Day Care.

According to the state site, the daycare business was first licensed in June, 2003. It's current license runs through June 2011. It was last inspected on Jan. 25. There have been no state enforcement actions against Teddy Bear since it opened in 2003. There are no pending complaints against the facility, which is licensed to handle 10 children ages 6 months to 12 years old, and two additional school-aged children.

Teddy Bear's only signage on the house is hand-painted and hanging from a window by the front door.

In researching this article, we found Hess's Web site, mentioned above, and he asserts that local laws restricting where sex offenders can live are counterproductive.

The common view is that the recidivism rate is high among sex offenders. It is not. New York regularly publishes 3-year follow-ups of all those released from state prisons. Between 1985 and 2002 a total of 12,863 sex offenders were released. Only 272 of these (2.1%) were returned to prison for new sex crimes within three years of their release.  (2002 Releases: Three Year Post Release Follow-up, State of New York Department of Correctional Services, p.16) 

This corresponds with an Associated Press story from 2003 that states that only 5.3 percent of sex offenders are arrested for the same offense after their release. Wikipedia also has a good summary of studies and stats about the very low recidivism rates among convicted sex offenders.

Batavia Police are being dispatched to State Street in the area of Batavia High School where a man has been observed dancing in the rain.

The subject was "last seen sashaying south on State," a dispatcher said.

The caller also reports that the man allegedly took a bottle from his pocket, took a swig and returned it to his pocket.