batavia

Here's what residents living in flood-prone areas in Batavia need to know: The city can help lower the cost of flood insurance, but nothing can stop it from going up.

Assistant City Manager Gretchen DiFante, hired primarily to help the city get a comprehensive flood insurance program going, said the cap on annual insurance-rate increases is 18 percent (it used to be 25 percent). If the city's program works as intended, the best result would be 15-percent lower premiums for local homeowners.

Rates will rise, she explained after the Monday City Council meeting, until an insurance company reaches 100-percent coverage for an individual property according to its actuarial tables.

"Not everybody is going to go up and not everybody will go up at the same rate," DiFante told the council.

This is an important issue, she said, because the rising cost of flood insurance will make it harder and harder for property owners to sell their homes. That leads to more sub-par rentals, more abandoned houses, higher crime and less tax money for local schools.

"When you look at the map, you have to realize, this is more than a thousand homeowners who are not going to be able to sell their homes if something doesn't change," DiFante said.

"I don't care where you live, it ought to be a concern," she added. "If it's not, it should be."

DiFante's job is to work with FEMA to get the city into community rating system (CRS) of the National Flood Insurance Program (NFIP).

Cities accepted into the program get class ratings. A Class 7 community gets a 5-percent reduction in flood insurance rates, and a Class 9 community gets 15 percent.

There are two main components to the ratings:

• Reduce a community's flood exposure through mitigation activities;
• Obtain individual flood insurance reductions for residents in flood map areas.

But the process is far more complex than those two simple points, DiFante said.

"It is a daunting process, which is why I think there's only 27 communities in New York who have taken this on," DiFante said. "There's so much information you have to put together and in such a specific way you have to do it. Then every time you've got different reps from ISO who come in, everybody's kind of got their own way interpreting what you've done."

On a broad scale, the city will need to review zoning and building codes and make adjustments to mitigating flooding issues.

On an individual homeowner basis, the city can provide guidance and perhaps secure grants for elevation certificates that could lift some homes out of the flood map, or improve an individual property's rating.

The elevation certificate process can also provide property owners with guidance on improving their property from a flood exposure perspective.

It will be at least 16 months before the city realizes any benefits from its flood insurance efforts.

Red areas are floodplain.

Here are the latest indictments issued by the Genesee County Grand Jury>

Jeffrey M. Black is accused of driving while intoxicated as a Class E felony. It is alleged that on May 25, 2013, hedrove a 2000 Harley-Davidson motorcycle in the Town of Byron while intoxicated. In count two of the indictment, he is accused of driving while intoxicated, per se, as a Class E felony for allegedly having a BAC of .08 or more.

John J. Saddler is accused of criminal mischief in the second degree, a Class D felony. It is alleged that on Aug. 16 in the City of Batavia he acted with intent to damage the property of another person and, having no right to do so nor any reasonable ground to believe that he had such right, damaged the property of another person in an amount greater that $1,500. The damaged property was a glass door at the Genesee County Jail.

A single-car accident is reported at 206 E. Main St. in the city. Unknown injuries. Mercy medics are on scene and Engine #11 is responding. The vehicle is smoking.

A live wire is reportedly down and sparking at 110 S. Swan St. There is also a power outage in the area, according to callers to dispatch, including possibly the courthouse. A loud noise was also reported. City fire is responding.

Jason Daniel Lang, 30, of North Bennett Heights, Batavia, is charged with grand larceny, 4th. Lang is accused of stealing $1,260.37 in electronic equipment from Target. A caller reported seeing a male matching Lang's description hiding a storage bin filled with suspected stolen merchandise in a wooded area behind Target. Deputy Joseph Corona responded and secured the merchandise. He later located Lang hiding behind a garbage dumpster in the parking lot by the Clarion Hotel. Lang was jailed on $1,000 bail.

Kelsey Anne Sanders, 27, of Hutchins Street, Batavia, is charged with petit larceny. Sanders is accused of shoplifting from Walmart.

Daniel DelPlato, 59, of Chandler Avenue, Batavia, is charged with assault, 3rd, and unlawful imprisonment, 2nd. DelPlato is accused of striking another person in the head four or five times with a frying pan and restricting that person's movement without consent during a domestic incident.

Christina A. Deluna, 34, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Police responded to Deluna's residence at 2:12 p.m. Sept. 2 after neighbors reported that she appeared to be acting strange. Officers observed alleged drugs and paraphernalia in her home.

Tyler J. Henderson, 26, of Franklin Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court.

Joseph C. Jeffords, 23, of York Road, Leicester, is charged with petit larceny. Jeffords is accused of stealing a laptop and returning it to a local retail store in exchange for a gift card.

Ken Mistler sent in this interesting photo of the sky over Batavia yesterday evening.

A reader sent in this photo Friday (and I've not had time to post it until now) of the sun over the lake at DeWitt Recreational Area when it was 89 degrees locally.  

Transportation company RTS Genesee (formerly Batavia Bus Services) introduced three new buses yesterday, all named after local children.

Hallie Wade stands next the bus named after her.

Photo submitted by Kellie Wade.

A vehicle struck a pole and then left the scene at 305 Washington Ave. in the city. Wires are down and arcing. It is blocking traffic. City fire is on scene.

A fire in the oven is reported at 24 Buell St. City fire is responding.

UPDATE 12:52 p.m.: Firefighters on scene report light smoke is coming from the two-story frame house.

UPDATE 12:55 p.m.: Fire contained to the oven. House is charged with smoke. Now ventilating.

Great athletes and "4 actors from The Sopranos" will be at the Western New York Sports Card Expo at Batavia Downs on Sept. 20-21.

In addition to the unspecified cast members of The Sopranos, the event will feature: Dave Bing, Pete Rose, Johnny Bench, Lou Piniella, Jose Canseco, Gayle Sayers, and Ric Flair.

The Expo runs from 10 a.m. to 4 p.m. both days. Parking is free. Admission is $5 and includes $5 in free play for those 18 and older. Children under 8 get in free.

A sales rep with the Castilone car dealership came across this lost dachshund while on a test drive with a customer. The pup was corralled, brought back to the dealership and then turned over to BPD to be taken to the shelter. So if you're in the City of Batavia and missing a dachshund, that might be the place to find it.

Kristine S. Baker, 27, of Clinton Street, Batavia, is charged with dog running at large. Baker's cane corso (a mastiff-type breed) reportedly weighing more than 100 pounds, allegedly jumped the fence of her yard and attacked and injured another dog that was being walked along Clinton Street. Police report that this is the second time in a week Baker's dog allegedly attacked and injured another dog.

Gregory Seppe, 56, of Liberty Street, Batavia, is charged with appearance in public under influence of narcotics or drugs other than alcohol and possession of a controlled substance not in original container. Seppe was reportedly observed repeatedly falling down on a Main Street sidewalk. He was allegedly incoherent and unable to stay awake for more than a few seconds at a time. He was issued an appearance ticket and turned over to Mercy EMS for treatment.

Keanon Sean Williams, 37, of Harvester Avenue, Batavia, is charged with endangering the welfare of a child and strangulation, 2nd. Williams allegedly grabbed a woman by the neck and applied pressure while in the presence of her children during a domestic dispute. Williams was jailed without bail.

Dale Eugene Stiles Jr., 45, of Galloway Road, Batavia, is charged with criminal contempt, 2nd. Stiles allegedly removed funds from a banking account following a court order "not to have any further involvement."

A motor vehicle accident is reported on the Thruway by the Batavia exit, mile marker 390.1. The car is on its roof. Unknown injuries. Town of Batavia fire and Mercy medics responding.

UPDATE 12:56 p.m.: The mile marker is now said to be eastbound 385.5.

UPDATE 12:59: The driver is out; minor injuries. Mercy medics on scene and a Sheriff's deputy.

Three men from Syracuse have been charged with third-degree burglary in Genesee County for allegedly breaking into a pair of local businesses.

The trio are also suspected of burglaries and thefts in Erie and Livingston counties.

They were picked up following a traffic stop in Wayne County last week and deputies spotted what they thought might be stolen material in the vehicle.

Upon questioning by investigators in Wayne County, the men admitted, according to Chief Deputy Jerome Brewster, to heists in Genesee County.

Investigator Kris Kautz took a trip to Wayne County and questioned the men and gathered the evidence, working with Deputy Brad Mazur, to file local charges.

Charged are brothers William H. Kelly III, 44, and Robert P. Kelly, 43, and Michael J. Correia, 58.

Additional charges may be pending.

The three men are accused of breaking into a Kutter's Cheese building, and stealing items from a residential construction site on East Main Street, Batavia, some time during the early morning of Aug. 27.

They were allegedly found with more than $3,000 in material, including brass plumbing components and copper wire.

They are being held without bail.

Photos provided by the Wayne County Sheriff's Office.

Joseph M. Marranco, 43, of Walnut Street, Batavia, is charged with criminal possession of a hypodermic instrument, unlawful possession of marijuana and possession of controlled substances outside original container. Marranco was arrested following the report of an overdose at 10:40 p.m. Monday at an apartment on East Main Street. Marranco was allegedly found in possession of a hypodermic needle, an assortment of controlled prescription medications outside their original container and marijuana.

Travis M. Blue, 30, of Ellicott Street, Batavia, is charged with harassment, 2nd. Blue allegedly made a threat of physical contact during an incident reported at 9:35 p.m., Monday, at a location on Ellicott Street.

Randy Kevin Wilmet, 37, of Lake Street, Le Roy, is charged with harassment, 2nd. Wilmet allegedly struck another person in the face with his forearm during an incident reported at 6:30 p.m., Saturday, at a location on South Main Street, Batavia.

Jeffrey C. Pero, 31, of Brooklyn Avenue, Batavia, turned himself in on a warrant for an unpaid parking ticket. Pero posted $100 cash bail and was released.

Kritin S. Payne, 31, of South Main Street, Batavia, turned herself in on on a warrant for an unpaid parking ticket. Payne paid $45 of a $100 bail and was released.

Michael David Senay Jr., 20, of Valley View Drive, Batavia, is charged with unlawful possession of alcohol by a person under age 21. Senay was allegedly in possession of alcohol during a traffic stop at 1:14 a.m. on Clinton Street, Batavia, by Deputy Joseph Corona.

Stephen Bakos, 55, of Alexander, is charged with DWI following a traffic stop on Silver Lake Road, Perry. Bakos was stopped for an alleged equipment violation. According to New York State Police, Bakos operated the vehicle while under the influence of alcohol. Bakos reportedly failed a roadside field sobriety test and was taken into custody. He is accused of refusing to provide a breath sample for analysis.Bakos was jailed on $1,000 bail. 

Dozens of bright yellow school buses have been gleaming in the sun (when there is sun) at the corner of Dodgeson Road and Route 98 in Alexander just about all summer long.

The name on the sides of the buses -- Student Transportation of America -- is a new name to Genesee County.

STA is now in town after winning the main transportation contract with the Batavia City School District, which entered into a joint agreement with the Attica School District.

The company purchased a former rigging shop location at 3784 Dodgeson Road in an auction through Bontrager's earlier in the summer.

The state encourages school districts to review and re-bid bus transportation contracts every 10 years, explained Batavia Superintendent Chris Dailey. 

The district experienced many difficulties with the previous contract, Dailey said. 

"The Board of Education decided to bid and increase the accountability and expectations for the bus contractors while also increasing features available to the district with our bus contractors, such as more cameras and GPS," Dailey said. "We bid for 2013-14 but the bid was rejected because of cost and lack of competition."

For 2014-015, the district decided to seek another district for a cooperative bid and reached an agreement with Attica and STA won the bid for regular school transportation, field trips and sports trips.

Attica Bus Company will remain the contractor for transportation of special education students.

BCSD's transportation costs per year is more than $1 million, plus another $731,690 for special education transportation.

"In our contract, the contractor is responsible for all aspects of providing transportation: purchasing and maintaining the fleet, building, staffing, routing of the students, directly handling parent calls," Dailey said.

Two weeks ago, STA announced the release of a mobile device and desktop app that will allow parents to track the location of school buses in the fleet.

"A child’s bus is displayed on a detailed map showing its current location in relation to the child’s stop, so parents can monitor the bus along its route," the company said in a press release.

The app can be downloaded from the Apple App Store and Google Play.

“Registering for the SafeStop app is easy,” the company said. “Parents in select schools simply log on to www.schoolwheels.com from any computer or mobile device to register for the app. They then can link to the Apple App Store or Google Play to download on a mobile device.”

So far, one potential bidder for the Genesee County Nursing Home has submitted a letter stating an intent to make an offer on the 260-bed facility.

Interested buyers have until Sept. 23 to submit a letter of intent and until Oct. 6 to submit proposals.

So far, some 25 to 30 potential buyers have expressed interest in the nursing home, County Manager Jay Gsell said, but there's still just the one written intent to submit a bid.

The nursing home has been dragging down county finances for years, and financial disclosures included in the RFP package show the facility losing $2.9 million in 2011, $3.7 in 2012 and $4.3 million in 2013.

A non-government agency (whether a not-for-profit group or for-profit company) will have greater flexibility in generating revenue than the highly regulated government-owned facility, have greater leeway in reducing expenses, and won't be facing a squeeze on funding from the State of New York, according to county officials.

The county Legislature decided to sell the home to escape the ongoing financial drain on the budget.

The RFP states the facility will be sold to the most qualified, responsible bidder who meets a range of criteria. The highest bid won't necessarily win the purchase contract.

The current assessed value of the nursing home, on Bank Street, is $10.9 million.

Of course, currently no taxes are collected on the government-owned property.

Serious bidders will be invited to pre-proposal site visits Sept. 24, 25, 26 and 29.

Bids must include a $100,000 refundable deposit and provide financial statements and a letter of credit indicating not only the ability to close on the final purchase price, but to operate the facility at the current level or improved level of services after the purchase is completed.

The purchaser will be prohibited from involuntarily transferring or evicting any current resident of the nursing home.

Bidders must agree that the RFP process is subjective and the Legislature has the final say on whether to accept or reject any and all bids, and the county reserves to right to enter into negotiations with a bidder to modify a proposal.

The company must provide a company history, executive bios, information and qualifications on employees, experience with similar facilities, and plan for a smooth transfer of ownership.

There will be no public bid opening and bids won't become public until after a proposal is accepted by the Legislature. It's up to the company to declare any portion of the proposal that would be exempt from public disclosure under the Freedom of Information Law.

The sale of the nursing home has generated a little public opposition. There is a "Save the Genesee County Nursing home in Batavia NY" group on Facebook with 166 members currently.

The complete RFP package is available on the county's Web site.

Roberto Varona-Gonzalez, 57, of Clifford Avenue, Rochester, is charged with evading or defeating cigarette tax. It is alleged that he possessed 31 cartons of cigarettes or 6,200 cigarettes following a traffic stop on Bank Street Road in the Town of Byron. He was issued an appearance ticket and is to appear in Byron Town Court at 5 p.m. on Sept. 22.

Thomas A. Webb, 54, of Gifford Street, Syracuse, is charged with criminal possession of a forged instrument, 2nd, and grand larceny, 4th. He was arrested on the charges after allegedly cashing a forged check at a bank. The investigation was  conducted in coordination with the Le Roy Police Department. Webb was arraigned in Batavia City Court and put then put into Genesee County Jail in lieu of $10,000 bail. He is set to appear back in court at 11 a.m. on Sept. 11.

Joshua Lee Baltz, 38, of West Main Street, Batavia, is accused of first-degree criminal contempt. He was arrested for allegedly making phone calls from the county jail on Aug. 30 to a protected person, in violation of a stay-away order of protection.