batavia

The recent death under questionable circumstances of a 91-year-old resident along with a series of complaints from tenants of 400 Towers has prompted Councilwoman Rosemary Christian to contact NYS Comptroller Thomas DiNapoli and request an audit of the senior housing complex, which is operated by the Batavia Housing Authority.

A spokesman for the comptroller's office said it's not unusual for the office to receive requests for audits from public officials and it is a factor in deciding audit priorities. 

Public housing complexes in New York do fall under the office's jurisdiction to audit, said Brian Butry.

He couldn't comment at this time, of course, on whether or when there might be an audit of 400 Towers.

"There seems to be a lot of problems and complaints from the residents there," Christian said in her e-mail to DiNapoli. "I have heard from many people who live there and they aren't very happy there."

Earlier this month a man was found dead on the roof of 400 Towers. It appears that the man, who may have suffered from mild dementia, wandered in the middle of the night from his apartment and onto the roof. A magnetic lock on the door leading to the roof may not have been operating correctly at the time, make it easier for the man to access the roof, but then he was unable to find his way back into the building.

Yesterday evening, Christian, along with Kyle Couchman, who had been hired by the deceased gentleman's family to help provide day care for the man, addressed a meeting of the housing authority board and said they would like answers to why certain things are taking place at 400 Towers.

Concerns include:

• A resident other residents seem to fear wanders freely and may have access to other residents' apartments;
• There have been a few thefts from apartments and there are concerns that somebody has a master key, or that there are too many master keys floating around; Christian would like to know why the locks haven't been changed;
• Why residents are not allowed to sit in the lobby for more than 30 minutes at a time and face fines if they violate the rule; Couchman said his client had been written up for such a violation and he found that disturbing and also suggested the rule violated existing leases;
• Christian wonders why a resident in a wheelchair was fined $45 after his wheelchair hit a metal door frame;
• Residents have been fined when the tires of their cars are on the yellow lines of parking spaces;
• Fine money must be paid separate from rent checks, and Christian wonders where the money goes and what it's spent on;
• Christian expressed concern that applicants for apartments are interviewed at the window in the lobby instead of a private room to protect their privacy.

Christian also raised these issues in her e-mail to DiNapoli.

While housing authority board members are appointed by City Manager Jason Molino, the city's involvement with the housing authority pretty much ends there. The authority operates independently of the city.  

Following the remarks by Christian and Couchman at Thursday's meeting, the board said it would not be discussing the questions or concerns at that meeting.

After a couple of years of considering his options, City Slickers owner Ken Mistler has settled on a design for an awning over the patio of his Downtown restaurant. The steel beams for the awning are being installed today and the awning should be completed in about a week. While the patio will be open, it will be heated, Mistler said.

A woman who was pulling her car out of her driveway about 8:30 a.m. was trapped in her car after it was struck by another vehicle on Edward Street Batavia.

The woman, whose name has not yet been released by Batavia PD, was extricated by city firefighters and transported to UMMC for evaluation.

The other driver was evaluated at the scene.

Officer Kevin DeFelice said the accident appeared to be a case of an obstructed view and unfortunate timing, but it remains under investigation.

Press release:

Have you ever wondered why one permit is approved and the other denied? Or had great ideas about youth programs but didn’t know who to tell? If you volunteer for a committee then you can have those questions answered and have your ideas heard!

For about an hour a month (or sometimes less!) you can be on the inside and help make your community better. There are a variety of committees and boards so find one that meets your interests.

For example, if you want to help provide leadership development programs for City of Batavia youth, consider joining the Youth Board.

You will be part of a group that focuses on preventing juvenile delinquency by providing youth programs, services and activities! The time commitment is minimal at just a few hours a year but consider the impact those hours can have. Volunteers are needed so get your application in today and start making a difference in our City’s youth!  Applications are available at the City Clerk’s office or online at www.batavianewyork.com in the documents section.

Volunteer today to see the difference you can make! Applications are available at the City Clerk’s office or online at www.batavianewyork.com in the documents section. 

“Unless someone like you cares a whole awful lot, nothing is going to get better. It’s not.”  – Dr. Seuss

Tony R. Judd, 26, of Akron, is charged with petit larceny. While employed at Walmart, Judd allegedly stole $550 in cash from a register over a five-day period.

Cailee Amber Neiss, 21, of Jackson Street, Batavia, is charged with criminal mischief, 4th. Neiss allegedly slashed the tires on a car parked at a location on Lewiston Road, Batavia, on Monday.

Homer Jay Bush, 34, of Orchard Street, Oakfield, is charged with two counts harassment, 2nd. Bush allegedly hit two people during a domestic dispute at a residence on Bridge Road, Elba, at 9:44 p.m. Saturday.

Brad Michael Prinzi, 34, of Batavia Elba Townline Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, speeding, operating without a motor vehicle inspection certificate and inadequate plate lamp. Prinzi was stopped at 12:27 a.m. Oct. 20 on Townline Road, Bergen, by Deputy Joseph Corona.

Walter B. Hale, 38, of Oakfield, is charged with harassment, 2nd,and endangering the welfare of a child. Hale was allegedly involved in a verbal argument that became physical in front of his children. He was jailed on $1,000 bail.

Jessica A. Valvano-Hoag, 20, of Batavia, is charged with petit larceny. Valvano-Hoag allegedly stole $70 in makeup from Walmart.

Press release:

Today, the City pf Batavia is conducting a test of NY-ALERT, the state's All Hazards Alert and Notification System.

This Web-based portal allows State agencies, county and local governments, emergency service agencies and institutions of higher learning to provide emergency alerting information and private notifications to defined audiences. Road closures, fire and police activity, evacuation notices, and other emergency notifications are some examples of how the City of Batavia may use NY-ALERT.

NY-ALERT is FREE and subscription based. The City of Batavia encourages members of the community to register on the NY ALERT Web site at www.nyalert.gov. Your e-mail address will be your identifier. When you register, you can list multiple devices from which you will receive alerts and notifications.

Most alerts are issued locally by Genesee County or the City of Batavia. Local officials determine when to issue an alert and what devices to send alerts to. You may receive information on all the devices you registered, or just one. Each emergency is different; therefor, each alert will be tailored to meet the notification needs of the incident.

If you do not have access to the worldwide Web, you can still sign up for NY-ALERT by calling 1-888- 697-6972.

A utility pole is snapped and down in over the roadway along with wires at 64 Clinton St.

City fire is responding.

UPDATE 2:04 p.m.: The street will be temporarily closed near the incident. The wires are "still hot and there is concern they could start arcing."

UPDATE 2:33 p.m.: Power is out at Clinton Street and East Main.

A Batavia resident says he and a friend were attacked over the weekend in the area of Swan Street and East Main Street by an unknown group of assailants, and police have confirmed there is an ongoing criminal investigation as a result of a complaint received early Sunday morning.

The local resident who shared his story in an e-mail to The Batavian said his friend required "emergency jaw surgery" after the attack, which he said occurred around 3 a.m., Sunday.

Det. Todd Crossett said at this time, investigators have little more to go on than a general description of the suspects.

The description provided to The Batavian is that of several young black men in the age range of 17 to early 20s.

The victim who contacted The Batavian said he was at a costume party when he volunteered to make a run to 7-Eleven for more snacks. 

"Upon walking back from 7-Eleven, I was approached by a young African-American male asking for a cigarette," he said. "When I shuffled the pizzas I was carrying to reach into my pocket to oblige him, he physically attacked me."

Several other individuals then joined in the attack.

"They struck me multiple times in my head and face, shot me in my face with an airsoft pistol, and kicked me while I was on the ground in the middle of the road," he said. "They demanded that I empty my pockets, which were already empty because I was wearing a Halloween costume and I had spent the money I brought on the cheap 7-Eleven pizzas that were littered in the middle of Main Street."

Unable to get money from the victim, the group ran off, he said.

He returned to the party and told his friend what happened.

The friend "ran off to look for them and report them to the police," he said.

He found them, along with two more individuals, who attacked him "in a more violent manner before two friends could join him."

That second victim was taken to UMMC, where he underwent jaw surgery, the first victim said in his e-mail.

He said he e-mailed The Batavian about the incident because, "It would be great if the attackers could be brought to justice, but at the very least citizens of Batavia could better avoid becoming victims of a similar attack if they are on the lookout."

Anybody with information that may assist in the investigation can contact Batavia PD at (585) 345-6350 or through the confidential tip line at (585) 345-6370.

To hear council members describe it, the feedback they're getting from constituents on the proposed new police station on South Swan Street is akin to the decibel level in a library reading room. 

In other words, if the public has anything to say about it, they're not saying it to members of the Batavia City Council.

Which is why the council is going to invite the public to a meeting Nov. 23 where feedback and input will be invited on the proposed $10-million investment in a new building to house police officers and the activities that support their public safety role.

"If only two or three people show up, that also sends a message," said Councilman Eugene Jankowski. "If people are upset, they'll probably show up. If they don't show up, that's almost acceptance. There is a thought, silence is acceptance. If they remain silent and see that path we're going (on), I only have to assume that they're happy about it."

The proposal for the location of a new police station came from a council-appointed task force that studied a dozen or so options, gathered financial data, considered the topography, traffic patterns, security and proximity to city activity before arriving at the plot of land on South Swan where the Wiard Plow Factory once stood as the best available location.

The entire process and final selection has been broadly publicized in local media, but apparently, to council members, that hasn't prompted a lot of public feedback.

Jankowski first raised the concern during Monday's meeting that before spending $10 million there should be some sort of process for the public to weigh in on the decision, and since it isn't the kind of matter that goes to a public vote, the council unanimously backed the idea of a public meeting.

City Manager said the meeting will be publicized just as if it is an official public hearing, though it isn't that, either.  

Councilwoman Kathy Briggs argued in favor of moving the process forward as quickly as possible rather than, once again, "kicking the can down the road."

"It's time to put up or shut up," Briggs said.

"Then I'll shut up," snapped Councilwoman Rosemary Christian.

Christian expressed reservations about backing a new police station because paying for the bond might require an extra 2-cents per thousand in property tax and Christian doesn't believe Batavia residents can handle any further taxation.

She also expressed concern about potential runaway costs.

"What if we get into this and it costs $20 million instead of $10 million?" Christian asked.

Molino explained that the bulk of the costs -- material and labor -- is pretty easy to calculate before construction starts, so it's hard to fathom that kind of runaway expenditure. The one unknown expense for the South Swan property is environmental cleanup, but there will be a detailed assessment done before the city acquires the property, so that cost should be known before the project receives final approval.

How the project will be paid for remains an open question. The council is eager for Molino to explore grant options, though grant opportunities are limited for this sort of project. To the degree bonds are required, they will be issued at a time when existing bonds are being paid down and paid off, freeing up cash flow to help finance this project. Molino also floated the idea of fashioning a unique arrangement that would involve a private developer owning the property and the building and leasing it to the city, which could save taxpayer money, avoid any interest payments and give the city the option to buy the property at the end of a 30-year term, or build a new station if needed.

Some council members expressed concern that a lease could saddle a future council with a tough decision about how to deal with a police station situation.

Whatever options the council should consider, Jankowski said he would like to hear what city residents think, and he hopes some voices will be heard at the Monday, Nov. 23, meeting.

"If they want us to move in a certain direction, like, say, merging with the Sheriff's Department, the public needs to express that opinion now and then that's something we will explore," Jankowski said. "Rignt now, I'm hearing silence. We're moving toward a new building. I'm hearing silence, so I would assume we're going in the right direction."

Basketball is upon us. The NBA kicks off its season tonight, college games are just a couple of weeks away and the high school season won't be far behind. For boys in grades one through six, it's time to plan for the winter season.

Eligible boys in the Batavia City schools can sign up for a mini-camp proceeding the league play season. The camp runs Nov. 7 through Dec. 12 at John Kennedy.

For boys participating in league play, there is a $70 sign-up fee.

To register, download and complete this form (PDF), which also has more information about the camp and league play.

A two-car accident with minor injuries is reported at West Main and River streets. City fire and Mercy medics are responding.

Statement from Assemblyman Steve Hawley (R,C,I-Batavia):

“I am proud to announce that Gov. Cuomo today signed into law legislation that will provide a property-tax exemption for residents who purchase and renovate dilapidated homes and zombie properties," Assemblyman Steve Hawley said. "This ensures that renovation costs do not exceed property values for homeowners and provide an incentive for residents to purchase these abandoned properties and revitalize our communities.

"This is a revolutionary program that has the potential to work in other cities and is the first of its kind in Batavia. Zombie properties have plagued our city for several years dating back to the housing collapse of 2007. This law will increase the number of properties on the tax rolls, thereby reducing our tax burden and increasing property values.

"My colleagues and I in the Assembly and Senate worked diligently at the end of session to pass this bill through both houses and I applaud the governor’s efforts to make this bill a reality for Batavia.”

Tesla Renee Greck, 23, of Holland Avenue, Batavia, is charged with endangering the welfare of a child. Greck was arrested after patrols responded to her residence on an unrelated matter. Officers Jame DeFreze and Marc Lawrence allegedly found living conditions there "deplorable." Greck's three children lived at the residence.

Clarence Arthur Johnson, 57, of Rose Road, Batavia, is charged with forcible touching and resisting arrest. Johnson is accused of touching the buttocks of a child at a location on Lewiston Road, Batavia. Following an interview, when Johnson learned he was going to be arrested, he allegedly resisted arrest verbally and physically. He was jailed on $5,000 bail.

Steven Erwin Crowell, 21, of Emily Court, Bergen, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, leaving the scene of a property damage accident and drinking in a motor vehicle. Crowell's vehicle allegedly left the roadway and struck another vehicle at 1:41 a.m. Sunday on Trisha Lane, Bergen. The accident was investigated by Deputy Joseph Corona.

Joshua Michael Pierce, 20, of Meadowbrook Terrace, Corfu, is charged with petit larceny. Pierce is accused of shoplifting from Walmart.

A 16-year-old resident of Broadway Road, Alexander, is charged with criminal mischief, 4th. The youth is accused of doing donuts in a vehicle on the soccer fields of Alexander School and damaging the fields. A 17-year-old resident of Pike Road, Batavia, was also charged.

Jared M. Wendt, 33, of County Road, Angelica, is charged with criminal contempt, 1st, and aggravated family offense. Wendt was allegedly involved in a domestic incident in the Town of Bethany on Oct. 17 that involved damage to a vehicle and a violation of an order of protection.

Adama William David Brown, 31, of Wilder Road, Warsaw, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, moving from lane unsafely and open container. Brown allegedly was driving when his vehicle stuck a parked car at GCC at 9:50 a.m. Oct. 22.

Samuel C. Longhini, 22, of South Spruce Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to use headlights. Longhini was stopped at 2:40 a.m. Oct. 20 on Alexander Road, Attica, by an Attica PD patrol.

Jordan Matthew Brown, 23, of Central Avenue, Batavia, is charged with criminal contempt, 1st. Brown allegedly violated a stay away order of protection.

Kristen M. Meeder, 30, of Rose Road, Batavia, is charged with grand larceny, 4th, and three counts of falsifying business records. Meeder is accused of stealing from her employer.

Michael T. Phelps, 44, of North Spruce Street, Batavia, is charged with DWI and driving with a BAC of .18 or greater. Phelps was arrested following an investigation into a complaint of two males drinking alcohol in a vehicle on Harvester Avenue at 7:03 p.m. Oct. 21. The vehicle was located on North Spruce Street by Officer Christopher Lindsay and Phelps was arrested.

Brian K. Laird, 21, of State Street, Batavia, was arrested on a warrant following a tip that he was located at a residence on State Street. Laird was jailed without bail.

Jessalyn A. Gates, 24, of Seneca Avenue, Batavia, is charged with DWI and driving with a BAC of .18 or greater. Employees of McDonald's reported a possible drunken driver in the parking lot at 1 a.m. Oct. 22. Following an investigation by Officer Chad Richards, Gates was arrested.

Amy M. Carpenter, 40, of Exchange Street, Attica, is charged with felony DWI, aggravated unlicensed operation, 1st, refusal to take breath test and inadequate stop lights. Carpenter was stopped at 2:43 a.m. Oct. 18 on State Street by Officer Matthew Wojtaszczyk.

Batavia's literary legend John Gardner was honored Saturday night by the John Gardner Society with the annual reading from passages of his work at his favorite restaurant, the Pok-A-Dot.

The Batavia Cemetery Association hosted its annual ghost walk last night, with local actors playing the roles of historic figures who are buried in (with the exception of William Morgan) the cemetery on Harvester Avenue.

Gen. John Martindale, played by Derek Maxfield.

Philemon Tracy, played Tim Buckman.

Mary Elizabeth Wood, played by Anne Marie Starowitz.

Dean and Mary Richmond, played by Charley and Connie Boyd.

Patrick Weissend as Joseph Ellicott.

An accident with minor injuries is reported 5264 Clinton Street Road at the intersection of Seven Springs Road. Town of Batavia fire is responding and Bethany's ambulance.

Jim Nigro remembers well the night the Batavia Blue Devils scored 63 points. In was 1962 and he was a freshman on the squad that squared off against a team from the Syracuse area. The fans came into town with banners and shouting about beating the farmers, and the Blue Devils buried them 63-20.

The 2015 Blue Devils came two points shy Friday night of tying that school record in a 61-0 victory over Midlakes in the first round of the Section V Class B playoffs.

Batavia advances to the semi-finals against Hornell at 1:30 p.m., Saturday, at Cal-Mum.

QB Greg Mruczek was a perfect 10 for 10 passing for 144 yards and three touchdowns.  Dominick Mogavero ran for 79 yards and two TDs on four carries. Ryan Hogan had three TD receptions, gaining 60 yards. Malachi Chenault caught four passes for 44 yards.  Ray Leach gained 97 yards, returning two punts for touchdowns. John Garlock and Cody Dioguardi each scored. Terren Lovria and Leach had seven tackles, Mogavero six and Trenton McGraw, six with two sacks.

To purchase prints of photos, click here.