batavia

Jerry J. Jordan Jr., 19, of Batavia Stafford Townline Road, Batavia, is charged with obstruction of governmental administration, harassment, 2nd, and unlawful possession of alcohol under age 21. Patrols responded to 156 Jackson St., Batavia, at 1 a.m., Saturday, on a complaint of an underage drinking party in progress. When police arrived, occupants of the house locked the door. Officers determined that the occupants were gathering behind the front door with a plan to rush the officers. Jordan was allegedly the first person through the door when it opened. He was carrying a large speaker that he allegedly used to pushed into the first officer he encountered. Several other individuals were arrested. Deputies and troopers assisted at the scene. Supplemental Information Not in the Press Release: The property is owned by James Pontillo. The property has been condemned. Pontillo said as many as 80 people were gathered in the living room at one time, causing a floor joist to break.

Also arrested:

• Philbert Prince Williams, 20, of Jackson Street, Batavia, is charged with providing alcohol to a minor, endangering the welfare of a child and unlawful possession of marijuana.  
• Demetri C. Stewart, 21, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21 and acting in a manner injurious to a child.
• Didier A. Antoine, 20, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21 and acting in a manner injurious to a child.
• Terrence Brown, 20, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21, acting in a manner injurious to a child, and unlawful possession of alcohol under age 21.
• Jason A. Perry-Murray, 20, of Jackson Street, Batavia, is charged with providing alcohol to a minor and endangering the welfare of a child.
• Tavid C. McIntosh, 19, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21, acting in a manner injurious to a child, and unlawful possession of alcohol under age 21.
• Naquil T. Jones, 22, of Jackson Street, Batavia, is charged with giving/selling alcohol to a person under age 21 and acting in a manner injurious to a child.

Maleak H. Green, 21, of Bank Street, Batavia, is charged with rape, 3rd, and endangering the welfare of a child. Green was arrested following an investigation into an alleged incident at 2:15 p.m., Aug. 7. No further details released. Green is being held in the Genesee County Jail on an unrelated charge.

Kimberly M. Douglas, 32, of Hutchins Street, Batavia, is charged with criminal contempt, 2nd. Douglas is accused of violating an order of protection at 2:52 p.m., Friday, on Ross Street.

Jeffrey E. Williams, 30, of Westhigh Terrace, Rochester, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Williams was jailed, no bail specified.

Marlon M. Chess Jr., 33, of Bergen Street, Rochester, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Chess was arrested following an investigation by Batavia PD at 1:08 p.m., Thursday, into a suspicious vehicle parked near the Verizon Store on Lewiston Road, Batavia.

Mark T. Zdrojewski, 61, of Meyer Road, Pendleton, is charged with three counts of issuing a bad check. Zdrojewski was arrested on a warrant for allegedly issuing bad checks in August in Batavia.

Terrance H. Riley, 26, of South Main Street, Batavia, is charged with harassment, 2nd, and resisting arrest. Riley was arrested after allegedly trying to fight another person while officers were present. He then allegedly resisted arrest. The incident was reported at 2:20 p.m., Wednesday, on South Main Street, Batavia.

Jeremy Allen Weatherbee, 45, of Roosevelt Avenue, Batavia, is charged with felony DWI (alcohol or drugs), aggravated unlicensed operation, 1st, leaving the scene of a property damage accident, driving on sidewalk, refusing to take breath test and failure to stop at stop sign. Weatherbee is accused of failing to stop for a stop sign at Pearl Street and Roosevelt Avenue at 1:14 a.m., Saturday. His car reportedly struck the south curb of Pearl Street, resulting in heavy damage to the front tires and rims of his vehicle. He then allegedly drove the vehicle with the damaged rims back to his residence on Roosevelt Avenue. Weatherbee was ordered held without bail.

Dustin J. Wilmet, 25, of Franklin Street, Batavia, is charged with DWI, driving with a BAC of .08 or higher, driving with an open container and aggravated unlicensed operation. Wilmet was arrested following an investigation at 2:12 a.m., Friday, by Sgt. Eric Bolles into a reported fight at a location on West Main Street, Batavia.

Nicholas Joseph Breau, 22, of Glenwood Drive, Clarence, is charged with aggravated unlicensed operation. Breau was stopped at 10:31 p.m., Friday, on Galloway Road, Batavia, by Deputy Joseph Corona for alleged traffic violations. Breau was also arrested on a warrant out of Amherst.

Chantalle Josephine Bessil, 19, of High Manor Drive, Henrietta, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. Deputies responded to a report of a burglary in progress at a location on Main Road, Corfu, at 12:59 p.m., Thursday, and during the investigation found that Bessil, a passenger in a vehicle at the scene, was in possession of a small amount of marijuana in a grinder and a baggie. She also allegedly had a stun gun in her purse.

Thomas E. Hensel, 31, and Tonya D. Smith, 29, both of Overlook Drive, Batavia, are charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Officer Micheal Lute, Corfu PD, responded to a complaint of a disturbance at 2 p.m., Wednesday, and upon arrival found a vehicle with a suspended registration. Upon further investigation, he found Hensel and Smith allegedly in possession of heroin and a needle. Hensel also charged with criminal trespass, 3rd, for allegedly breaking into a building in Corfu at 11 a.m., Oct. 5.

Barbara E. Ferrando, 43, of West Main Road, Corfu, is charged with criminal possession of marijuana. Ferrando was stopped for driving with an alleged suspended license at 9 p.m., Oct. 23, by Officer Michael Lute, Corfu PD. During an inventory of the vehicle's contents, a large bag of marijuana was allegedly found in the trunk.

William Gordon Schultz Sr., 40, of Evans Street, was arrested on a warrant for alleged failure to pay a fine. Schultz was arrested at his place of employment and arraigned in front of Judge Eric Adams. Schultz was released on his promise to pay the majority of the fine today and the balance on Nov. 12.

Lauren K. Pellegrino, 32, of Batavia, is charged with grand larceny, 4th. Pellegrino was arrested by State Police for allegedly stealing a credit card. The blotter entry is labeled "purse snatching." She was jailed on a bail amount that is not listed. The alleged incident is reported at 1:36 a.m., Sunday, in Oakfield. No further details released.

An 11-year-old girl dropped some money on the floor at Dollar General and a deaf man tried to use sign language to tell her she dropped money.

The girl became alarmed and told a clerk at the store that a man tried to grab her to kidnap her, and this is how the call went out to the responding Batavia PD officer.

The officer investigated and found the claim of a kidnapping in progress completely unfounded.

The man didn't even try to leave the scene. He waited in his car.

"It was all a big misunderstanding," the officer said.

A parent complained to The Batavian about the new barrier blocking off the little extension road by Jackson School on South Jackson Avenue, so we thought we would investigate.

Of the nine parents we spoke with, seven gave the barrier an unconditional thumbs up. At first, one said she thought it made the traffic situation worse, but after being asked, "in what way?" She said, "I guess it's OK. It's not really a problem."

The first mother we spoke with said the barrier was a big improvement. She said when parents could park on the extension, they would pull in and pull out "any old way, acting like idiots." She thought it was much more dangerous for children without the barrier.

"They're picking up their kids, but they act like they have to get out so quick to do neurosurgery or something," the woman said. "I don't get it. I guess that's just the way it is today. People are in a hurry."

A grandmother -- the ninth person we spoke to and one of the last to arrive -- called the situation since the barrier was put in a "cluster." She said there was more parking available before the barrier went up.

A father with a younger child in the back seat said he's never had a problem at the school, either before or after the barrier.

"I just get here early enough to get a parking spot," he said.

The barrier went up after the city discovered a problem with illegal garbage dumping at the end of the extension, but it's unclear whether the city or state erected the barrier. The no trespassing sign installed behind it says "New York State."

Attempts to reach City Manager Jason Molino this afternoon for clarification were unsuccessful.

UPDATE: We just heard back from Jason Molino. He confirmed the extension is state property and the state put up the barrier.

By all rights, at the end of the first half Saturday night, Batavia should have been down to Penn Yan by a score more along the lines of 28-7.

The game should have been over in every manner except the time clock.

Three turnovers, a trio of 15-yard penalties, enemy receivers allowed to roam free and the repeated gifts of good field position didn't doom the Batavia effort.

It would be fair to say the Mustangs didn't cash in on all of these gold-plated errors, but that would be only half the story.

The Blue Devils hung tough. The line stepped up and stopped the run. Rushers put enough pressure on the passing game that completions were hard to come by.

With two minutes left in the first half, instead being down 20 or 28 to 7, Batavia trailed by only five points, 12-7.

Then the magic happened.

Greg Mruczek engineered a 70-yard drive in less than two minutes that ended with a five-yard pass in the end zone to a wide open -- open as in "alone on a Kansas prairie" open -- Malachi Chenault.

A two-point conversion later and Batavia headed into the locker room with a 15-12 lead and a level of confidence that makes Floyd Mayweather look shy.

"That was huge," said Head Coach Brennan Briggs. "I would like to say that was the game right there because that just gave us the momentum to get back into it. I think if we'd gone into half time down, I think our kids really would have been in a little bit of a hole. But they've been grinding and fighting all year and that's what they did."

Briggs said he went into the locker room at half and told the team it was their game to lose.

He told them, he said, " 'we've done everything we could do wrong and we're still leading this game by three points. That says something.' "

"I said," he added, " 'we've got 24 minutes left. All the time, all the effort you've put in come down to these final 24 minutes. Do you guys want to pack it in or do you guys want to go out and dominate like we can?' "

Batavia scored 20 unanswered points in the second half and never really allowed the Mustangs to get a drive going. The win, in the end, was a blowout, 35-12.

The unsung heroes of this semi-final game -- as they often are in football -- are the offensive and defensive lines. 

Against a team that featured two heavyweights tipping the scales at more than 320 pounds each, and with a degree of athleticism, the Batavia line on both sides of the ball simply outplayed the other team's big men.

The Blue Devils feature two young men up front who are pretty hefty themselves. Seniors Gunner Rapone and Devon Koepp, who are 6' 4", 260 pounds, and 6' 3", 265 pounds.

Rapone said the men up front for Batavia are not intimidated by anybody.

"We've faced big kids before," Rapone said. "An example is Bath. Bath has a lot of big guys. We knew what we were in for. We've been practicing all week about moving our feet and driving guys down the field and opening holes up for our backs and that's what we did the second half."

One of the beneficiaries of this offensive line largess was Anthony Gallo, a quick, slashing back with a knack for making defensive players miss.

"The linemen were making huge holes and I have good vision," said Gallo, who gained 110 yards on 14 carries. "I just see where I've gotta go and I just run."

It was another big game for junior QB Greg Mruczek, who was six for 13 for 161 yards, tossing three TDs and scoring one himself on the ground.

"Going into halftime, we thought we had the better team, you know," Mruczek said. "We came out and just played tough, despite the weather conditions. We've both got to play in it so you've got to keep playing tough. We thought we did a good job coming out in the second half and just playing hard."

If game balls were given out, surely one went to Jerrett Laskett, who had a 40-yard TD reception, but more importantly, snagged two key interceptions, including the pick just before the two-minute mark of the first half that set up Batavia's game-winning scoring drive.

It was Laskett's first game ever at corner back. 

"He did an unbelievable job," Briggs said. "You know, he's come a long ways this year and I can't say just how proud I am of the kid. We just put him at defensive back this week and he gets two picks."

Chenault had two receptions for 38 yards and the TD. Dominick Mogavero had 21 rushes for 84 yards and a TD. Ryan Hogan had two catches for 50 yards. Trevor Rittersback and Koepp had five tackles each.

The win gives Batavia a shot at a sectional title for the first time since 1998. The Blue Devils haven't won a title since 1991, the program's only title since sectional play began.

This is a program that was going nowhere before Briggs took it over four years ago and Briggs and the players have talked all year about how nobody gives the team the respect of a potential champion, that winning wasn't part of the pre-season projections of pundits.

There's a sense now that those critics, whomever they are, are proven wrong.

"It's crazy," Mruczek said. "It's an amazing feeling. It just turns some heads, you know. I don't think anyone would have thought we'd be in the sectional finals this year, honestly. It's just an incredible feeling and we're all happy to be here right now." 

Mruczek gives a lot of the credit to Briggs.

"He worked very hard with us all off season, with lifting and passing with me and the receivers," Mruczek said. "He's put in a lot of time and effort. He deserves to be in this position."

For players like Rapone, who has been dreaming of being part of a winning Blue Devils program since at least middle school, said it's an unbelievable feeling to get to this point in the season.

"It's unreal to me, to be honest with you," Rapone said. "It's a strange feeling because everyone is so used to looking down on this program and it being this year, my final year, and a lot of our guys final year, and we have the opportunity that we have this year, is unreal and unbelievable."

There's another Rapone, Max, coming up the sports ranks in Batavia and Gunner thinks he and his teammates have set an example of hard work and dedication for the next generation.

"I hope Max and all of his teammates look up to what we are and want to strive to be what we have done and know they can do it," Rapone said. "I've got a good feeling they can do it."

Now the focus shifts to Livonia, as if that isn't where the focus has been all along.

The Blue Devils are 8-1. That one loss was handed to Batavia in the final seconds of a thunder-interrupted game opening week when Livonia managed a last-ditch touchdown.

Players and coaches all seem to think it was a game Batavia should have won, could have won, but didn't. Hardly a week has gone buy since where the loss to Livonia didn't figure in the conversation at some point.

It's the game that has fueled Batavia's resilience and swagger, two words Briggs has attached to his players all season.

"After losing to a good team like that, we knew we had a good team and we could compete this year for a sectional title," Mruczek said. "We came out with some confidence after that game. We almost beat Livonia, supposedly the top of Class B."

Now, as one player said, it's time for revenge. 

"We're happy we're getting a shot at the sectional title, but there's really nobody else our guys would want to have it against," Briggs said. "If you wrote up a storybook ending, you know, you really couldn't write it up any better than that."

Well, it's not quite a storybook ending. Not yet. A win against Livonia would be a storybook ending.

Go get 'em, boys.

Top Photo: Malachi Chenault.celebrates his first-half touchdown that proved the turning point of the game.

Jerrett Laskett with a key first half interception.

Jerrett Laskett with a TD reception. 

Anthony Gallo finding another big hole.

Trevor Sherwood with a long reception just ahead of the goal line, setting up another Batavia score in the second half.

Dominick Mogavero got most of his 84 rushing in the 4th quarter as the Blue Devils chewed up the clock and kept the Mustangs' offense off the field.

Mogavero gets a handle on Mustangs' QB Austin Fingar. Fingar pulled free and gained another four or five yards.

At times during the game, the icy rain and sleet came down heavy.

Fans weathered the chill and the damp.

Gunner Rapone after the win.

Post-game celebration.

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The Batavia Blue Devils will get a chance to play for the school's first sectional title since 1991 in football next week after beating Penn Yan this evening, 35-12.

Above, Malachi Chenault in the end zone near the close of the first half. The score, making it 15-12, gave Batavia a lead it never relinquished.

The Blue Devils will face Livonia in the Class B final next week. Batavia's only defeat of the season came against Livonia on a last-second touchdown in the first game of the season.

We'll have complete coverage posted tomorrow.

There were trick or treaters out all over the City of Batavia last night.

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A car and semi-truck have collided on the Thruway in the westbound lane near mile marker 386.6

That's about two-tenths of a mile east of the Bank Street Road overpass.

There are only minor injuries.

Town of Batavia fire is responding along with Mercy EMS.

A chief on scene reports, "we've got one against the inside guard rail and one against the outside guard rail."

The left lane is blocked.

UPDATE 8:33 a.m.: A chief reports a correction on vehicles. One passenger vehicle and one flatbed truck, unloaded.

State funds for a system of bicycle trails around the city of Batavia, which the governor's office announced Monday, are actually eamarked for sidewalk replacements and repairs, not biking trails, according to City Manager Jason Molino.

The Healthy Schools Corridor project is slated to get $720,657 for sidewalk improvements on Summit Street, Liberty Street, South Liberty Street and Washington Avenue.

Today's press release:

With a $720,657 grant from the Transportation Alternatives Program (TAP) funded by the Federal Highway Administration and administered by NYS Dept. of Transportation, the City of Batavia Public Works Department will be able to expand sidewalk replacements along Summit and Liberty streets and Washington Avenue.

The project will include the removal of old sidewalks, installation of new sidewalks, handicap access ramps, high visibility crosswalks and selective tree removal and will be matched with $240,219 of City funds. In total the $960,000 project will include over 12,300 linear feet of improved sidewalks providing safer routes for pedestrians and bicyclists connecting United Memorial Medical Center, Batavia Middle School, St. Joe’s School, the Downtown Corridor and Jackson Elementary School.

“Improving sidewalks has been a priority for City Council and this grant will allow us to do even more over the next few years” said City Council President Brooks Hawley. “With this grant we will be able to make our sidewalks safe for our residents and children.”

The City has approximately 73 miles of sidewalk, and in 2011 it was estimated that more than 20 percent of the sidewalk system needed repair. The City has made a concerted effort since to 2011 and has replaced over 26,500 linear feet, or almost 7 percent of the sidewalk system. This includes more than 130 curb ramps.

“This grant will allow the City to more than quadruple our annual effort,” said Sally Kuzon, director of Public Works.

Sixth Ward Councilwoman Rosemary Christian and longtime advocate for sidewalk improvements added, “I’m ecstatic about getting this grant. Every year I ask for more and more sidewalk improvements and now we are going to do almost $1 million in one year. Our residents deserve it.”

TAP provides funding for non‐motorized transportation alternatives such as bicycle and pedestrian facilities, safe routes to schools projects, trails, and other infrastructure improvements to the transportation system. The City applied for the grant in June 2014 and was one of seven communities in the nine-county Finger Lakes Region to receive an award.

Batavia Downs is in the home stretch of a $20 million expansion that includes a new gaming floor, a new sign, new offices, and in the final phase, a new facade and entry on Park Road.

Today, a pair of 7,500-pound escalators are being installed and soon a statue of Fortuna, the goddess of good luck, will arrive from Wisconsin.

With the last major pieces in place, it's just a matter of putting on the finishing touches.

The new gaming floor, now on the first floor, opened last October. The old gaming floor on the second level is now offices for Batavia Downs and Western OTB staff.

The escalator to the second floor will provide access to the clubhouse and grandstands as well as a new OTB inter-track wagering facility, which will move from its current location across the street on Park Road.

The entry way will feature lighted neon and Fortuna will stand through a hole in the ceiling so she can be viewed from ground level or from up above.

"It's just going to look incredible," said Ryan Hasenauer, marketing director for Batavia Downs.

A caller reported seeing youths trying to break into cars on Kibbe Avenue, and seconds later said they were leaving the area at a high rate of speed, heading southeast on South Jackson Street.

Within a minute, a patrol stopped a vehicle with two or three occupants.

The officers were attempting to question them.

On a car-to-car transmission, one officer drolly tells another, "they have no idea who they are."

The individuals are being separated for further interviews.

At the same time, officers are tracking individuals who are going through one of the cemeteries on Harvester Avenue. A K-9 is on scene.

UPDATE 10:45 p.m.: Both incidents are related. A total of six people are involved. When Batavia police officers pulled over a pickup truck to question the driver about the Kibbe complaint, two passengers fled the vehicle on foot and were seen going into the cemetery. The cemetery area is cordoned off; the K-9 was taken off leash to hunt for the two suspects. One has been apprehended; the other remains at large. Three additional passengers remained inside the truck; one is a female who appears to be in her teens. One of the males at large is described as white, about 15 years old, with a thin build.

UPDATE 11:23 p.m.: Batavia PD is still on scene questioning two individuals. One individual remains at large. Police located a GPS unit in the vehicle and are trying to determine if it's stolen. We don't anticipate any further updates tonight unless there's a significant development.

UPDATE noon, Thursday: No arrests were made. The investigation is continuing, according to Assistant Chief Rob Yaeger.

Heading toward the incident on Lewiston Road this morning, while heading down Richmond, when I got to Union Avenue, I came upon City firefighters in the midst of hydrant flushing.

Ted E. Kingsley, 42, of Prune Street, Batavia, was arrested on a bench warrant. Police responded to a tip that Ted Kingsley, wanted on a City Court warrant, was residing at 11 Prune St., Batavia. Patrols went to the residence but were unsuccessful in locating Kingsley. Patrols checked the surrounding area, including the cemeteries on Harvester Avenue. During the check, a subject identified as Kingsley was seen running through Batavia Cemetery. Officers gave chase and Kingsley eventually stopped at the request of a police officer and he was taken into custody without incident. Kingsley was jailed on $100,000 cash bail. (Photo: Monday's arrest in the Batavia Cemetery submitted by Jim Woodhams III.)

Maleak H. Green, 21, of South Main Street, Batavia, is charged with criminal contempt, 1st, harassment, 2nd, criminal obstruction of breathing and unlawful imprisonment. No details released on the alleged incident reported at 1:20 a.m. Green was jailed on $10,000 bail.

Christina L. Fox, 26, of Bank Street, Batavia, is charged with petit larceny. Fox is accused of stealing the property of somebody she knows.

Samantha L. Hicks-O'Connell, 27, of Ellsworth Avenue, Batavia, is charged with endangering the welfare of a child, aggravated unlicensed operation, 2nd, unlicensed operation and back seat passenger under age 16 without a safety belt. Hicks-O'Connell was stopped at 5:34 p.m Oct. 8 on Liberty Street, by Officer Jason Ivison after a complaint was received of a female driving a pickup truck with a 10-year-old child riding in the back. NOTE: After reviewing the press release following a complaint by Hicks-O'Connell (see comments), we should note the release does not specifically state a traffic stop was involved in the chargers.

(name redacted upon request), 25, of Harlem Road, Amherst, is charged with possession of a hypodermic instrument, operation of an unregistered motor vehicle and no seat belt. xxxx was stopped at 3:50 p.m. Tuesday on Lewiston Road, Batavia, by Deputy Joseph Corona for alleged traffic violations.

Curtis Lamont Williams, 34, of Ellicott Street, Batavia, was arrested for an alleged Family Court Act violation -- failure to pay child support. Williams was arraigned in Family Court and released because his child support is almost up to date. He was ordered to return to court Nov. 10.

Ronald Warran Sloat, 73, of Godfreys Pond Road, Bergen, is charged with trespass. Sloat is accused of failure to leave another person's property after being told several times to leave.

Bruce Devan Reid, 52, of Saint Paul Street, Rochester, is charged with possession of burglary tools and attempted petit larceny. Reid is accused of possession of tools that would have helped him steal items from parked cars. He was jailed on $4,000 bail.

Two individuals are in custody because they have warrants out on them and two others were released following an incident that occurred late this morning at Tim Horton's on Lewiston Road.

Law enforcement initially responded to a report of four people loading a gun in the parking lot of the Tops Market plaza. After a search of the area, including a foot patrol, nothing was found. Soon thereafter, the suspect vehicle was spotted by an officer as it pulled into the parking lot of the new Tim Horton's.

Sheriff's deputies, City PD and State Troopers responded and with guns drawn apprehended the four suspects. A search turned up nothing except a small amount of marijuana inside their vehicle. The two people with active warrants were kept in custody and two others were released.

UPDATE 3:50 p.m. (by Howard): Initial information above based on what we were first told at the scene. Only one person was released without charges. The driver was arrested and charged with unlicensed operation and unlawful possession of marijauna. Investigators spent a good deal of time interviewing the four individuals. Det. Thad Mart, Batavia PD, said the investigation is ongoing, but declined to discuss what investigators are still looking at in the case. The vehicle was initially reported near the Verizon store. Mart said based on the report originally called in, it was something to take seriously. "Obviously, in this day and age, somebody loading ammunition into a firearm in a public parking lot, it raises some eyebrows and some cause for concern. We have to be concerned about the public and be concerned about officers investigating."

UPDATE: We should have included that the vehicle was a rental. Two of the subjects were from Orleans County and two from Monroe County. The vehicle was impounded.

A couple dozen vendors participated today in a community health fair at the Batavia Middle School sponsored by Batavia Teachers' Association.

Above, Jen Housknecht gives a zumba demonstration class. Below, a visit with the booth for Genesee Dental.

A two-car accident is blocking westbound traffic on Ellicott Street at Jackson. Injuries are believed to be minor. There is one person possibly entrapped. City fire and Mercy medics are scene.

UPDATE 5:04 p.m.: City Fire back in service.

There are an estimated 53 vacant and abandoned homes in the City of Batavia, which creates a drain on city resources, brings down property values for neighbors and are black holes in local economic growth.

It's a problem.

How we go about solving that problem was the subject of a 45-minute talk Monday evening by City Manager Jason Molino.

Forty-five minutes. It's that complicated of a problem.

The city can't legally seize the properties, except for the nine or so that are falling behind in property taxes, and with banks that hold mortgages leaving the properties in legal limbo, there's no way for the city to enforce code violations.

Fixing the problem will take a mixture of tactics: research to locate responsible title holders; trying to locate mortgage holders and convince them to move the title one way or another; convincing Albany legislators to change state law regarding abandoned properties; and creating programs locally to make upgrading abandoned homes more economically feasible. 

It's relatively easy to identify which homes in the city have been abandoned. They've stopped using city water.

The 53 homes believed to be abandoned have been vacant an average of three and a half years.

On average, they've generated five visits each year while vacant from code enforcement officers, and one police patrol response per year.

The code enforcement efforts cost taxpayers about $8,000 per year.

Often, the code enforcement citations result in no action because the previous owner who occupied the property can't be located. And though a bank or mortgage holder is continuing to pay taxes on the property, the bank hasn't taken title so it can't be held legally accountable for code violations.

Molino said there's no one answer, and no firm reason is really known, as to why banks don't take title on abandoned properties.

It could be that a large institution is dealing with so many mortgages, nobody is even aware a particular property is on its loan rolls or is abandoned. It could be the company is dealing with so many abandoned properties, some fall through the cracks. It could be that a bank is so bogged down by bureaucracy that it takes years to deal with the paperwork of an abandoned property. It could be the bank has no financial incentive, and some disincentives, to deal with the property.

"We really have to dig into that issue," Molino said. "That's one of the things we really need to look into in the coming months to really understand who are all the lending institutions and why are they not moving on title.  ...  We really need to get a good understanding of that, because everything hinges on moving title for these properties."

Once a property is back on the market -- either the bank puts it up for sale or auction or the city somehow obtains title -- it becomes subject to the market forces that determine value and the value of restoration.

Molino spent some time explaining supply and demand as it relates to the local housing market.

Since 1960, Batavia has lost 2,700 residents. At the same time, there has been a slight increase in housing stock. During the same time period, people have become more mobile, thinking nothing of driving 20 or 30 minutes to work or an hour and a half to outlet stores. As time as passed, Batavia's housing stock has also aged.

All of this affects the value of properties, the interest of people in living in a place like Batavia, and the affordability of remodeling and restoration.

While there are economic growth activities in and around the city that could lead to more jobs, a population boom isn't necessarily a given.

"Obviously, we'd love to have another 2,000 or 3,000 people come back in the city and increase the demand for housing stock," Molino said. "Realtors would love it. People would be demanding houses and prices would go up. Truth is, that's probably not practical."

Even if economic growth doesn't bring a few thousand more people to Batavia, economic growth is still vital to increasing the value of homes locally.

"If that median income number doesn't go up, then you're limiting your ability to do things, and we can't do a lot of what we want to do or achieve what we want to achieve," Molino said.

What we need, he says, is enough growth to fill the housing stock we have, and then make it economically viable for owner-occupants or speculators to buy and invest in those properties.

Molino used the example of a house currently valued at $50,000. With upgrades, its value might rise to $75,000, but a modernization and restoration project might cost $45,000. That means the owner would need to sink $95,000 into a property that wouldn't be worth more than $75,000 when ready for occupancy.

That's where "gap financing" tools come into play. There are various government programs available. A single program the city could create -- laws would need to be changed by Albany to make it possible -- would allow for abated taxes on the increase in assessed value.

If the assessment goes up by $25,000, the city would tax only on the original $50,000 for the first eight years after restoration, foregoing tax revenue on that $25,000.

That makes economic sense for the city, Molino said, when you consider that's only $230 annually on a property that may currently be costing the city more than $1,000 annually on code enforcement, law enforcement, and lost fees for a property that is abandoned and vacant. Moreover, if a family lived in that home, it would generate from $10,000 to $20,000 in local buying power.

The state needs to pass legislation that would allow Batavia and other cities to create such a program.

Changesare also needed in the laws giving cities more power to deal with banks who let abandoned homes sit fallow, so to speak.

Some of these homes may not be worth saving, Molino acknowledged. While the city may not want to seek demolition of all abandoned homes, some may need to go. That will be a policy decision for the city to make as it learns more about the abandoned housing stock locally.

In the bigger picture, home values are also affected by things related to quality of life, and those, too, are issues the city is taking steps to address or needs to address as part of strategic planning, Molino said.

"When somebody wants to invest on a street," Molino said, "are they going to want to invest on a street on a street that has potholes? Are they going to want to invest on a street that has sidewalks that are turned up? Are they going to want to invest on a street where the neighbors don't talk with each other? Are they going to want to invest on a street where they've got to pay another $1,500 in flood insurance? Who wants to invest there? They don't."

Among Molino's recommendations is creating a home expo, which would bring together representatives of all the various private, government and nonprofit agencies that offer assistance to owners of distressed properties. There's several programs available, but few people know what they all are. Giving residents that kind of information, Molino said, might spur activity that would lead to better housing stock.

Molino's presentation was video-recorded by Alecia Kaus and will be posted to the city's Web site at a later date.

During Monday's meeting of the Batavia City Council, three local businesses were honored by the Batavia Development Corp.

Each received a plaque in recognition of the owners' successful completion of a loan program that helped them expand or grow their businesses.

Above, Susan Francis, owner of The Color Salon, with the her husband John Zola, receiving a plaque from Ray Chaya, a member of the BDC Board, Council President Brooks Hawley, and BDC VP Gregg Torrey.

CORRECTION: Francis and Zola are not married.

Steve Mullen, owner of Larry's Steakhouse.

Mary Valle, co-owner of Valle Jewelers.