batavia

One person died in a house fire this morning at 109 Evans St., Batavia.

The fire was reported at about 7:15 a.m.

When firefighters arrived on scene, they found heavy smoke and flames at the rear of the house from the ground floor to the roof line.

Capt. Bob Fix described the situation as "untenable" and it wasn't possible for firefighters to enter the house until the fire was knocked back.

"We were dispatched to report of a building on fire just down the street from the fire station," Fix said. "As we pulled out of the station we could see heavy smoke in the sky so we knew we had a fire."

There were at least seven people in the residence at the time the fire was reported, including four adults who lived in the house. Residents told firefighters that one person was still in the house and provided firefighters with the person's location in the residence.

"We found heavy smoke and flames coming from the back side of the building as well as several people telling us the there was a victim inside a window," Fix said. "We attempted to make entry. Conditions were untenable at the time. We got some water on the fire there and tried to make entry again a short time later."

Once firefighters were able to make entry, they located the victim on the second floor and carried him out a window and down a ladder. He was placed on a stretcher and Mercy EMS personnel immediately began performing CPR.

While CPR was in progress, he was transferred to a nearby ambulance and transported to UMMC where he was later pronounced dead.

The victim's name has not yet been released.

"As it happened, the call came in right shift change and we had quite a bit more people available than we normally would have," Fix said.

The cause of the fire is under investigation and Chief Stefano Napolitano said it's too early in the investigation to even speculate about the cause. The origin appears to be on the first floor.

State Fire, as is standard operating procedure, assist City Fire with the fire investigation.

The house is uninhabitable and The Salvation Army was contacted to assist the four adults who lived at 109 Evans.

Three pets, two dogs and a cat, were rescued from the fire.

Assisting City of Batavia was Town of Batavia fire, Alexander fire, and Darien fire.

Also assisting at the scene was Batavia PD.

Heavy smoke and fire are reportedly coming from a residence at 109 Evans St. in the city. City Engine #11 is on scene, reporting a working structure fire at a two and a half story building. Smoke and flames showing. One person is still said to be inside.

All city platoons are called to respond. Mercy medics are on scene. Alexander's Fast Team is called for mutual aid; Town of Batavia is to report to its quarters; and Darien's rescue unit is called to the scene.

UPDATE 7:20 a.m.: An engine from Town of Batavia fire is called to the scene; one other from the town is to report to its headquarters for standby. Firefighters are working to extricate a person from the house on Evans Street.

UPDATE 7:28 a.m.: "Fire's been knocked down; looking for any hidden fire," fire command resports, and the person inside has been extricated and is being seen by medics. Utilities have been notified.

UPDATE 7:31 a.m.: "Looking for hot spots in the ceiling -- C side," reports command, "no fire below you (on the first floor)." A crew is called to the second floor to pull open the ceiling to check for extensions.

UPDATE 7:36 a.m.: Working to ventilate the structure now.

UPDATE 7:41 a.m.: Stairs to the second floor are bad. Firefighters are to enter and exit from the C side ladder. Water and electricity have been secured -- cut -- to the building.

UPDATE 7:45 a.m.: "We're hitting some fire from the Bravo-Charlie (C-D) corner." The male resident, who was pulled from the second floor, which was fully charged with smoke, is being transported to UMMC in emergency mode.

UPDATER 8:32 a.m. (by Howard): Alexander and Town of Batavia going back in service. Salvation Army requested to the scene to assist four adults. Code enforcement also requested to the scene.

164 Summit Street • Open House Saturday 10-11:30 a.m. OWNERS WILLING TO LISTEN TO ALL REASONABLE OFFERS! Easy to see and super affordable, this 3 bedroom bath and a half home features very spacious room sizes. Downstairs is open and great for entertaining but very homey.

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Enjoy the front porch that has the forever trexx decking to enjoy the neighborhood or have your morning coffee on the back deck to enjoy the peacefulness of the cute back yard -- either way come check out a really nice home!

List with Reliant Real Estate today! Call Lynn Bezon today to see this property or click here for more information.

     Sylvan Grayson

On March 25, the Le Roy Police Department arrested 19-year-old Sylvan P. Grayson, of Myrtle Street, Le Roy, and charged him with one count each of burglary in the second degree, a Class C felony, and grand larceny in the fourth degree, a Class E felony.

The arrest stems from a complaint that during the evening hours of March 4, people unlawfully entered a residence on Lake Street in Le Roy with intent to commit a crime and stole property while the tenants were away. It is alleged that Grayson stole more than $1,000 worth of property. 

He was arraigned in Le Roy Town Court and released on his own recognizance.

Thomas L. Crawford, 29, of Dorstone Road, Rochester, is charged with third-degree assault -- intent to cause physical injury. Crawford was arrested at 2:30 p.m. on March 25 on Liberty Street in Batavia after he allegedly struck a person in the forehead during an argument, causing a large laceration. He was arraigned in Batavia City Court and jailed in lieu of $2,500 bail. He was due back in city court on March 27. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Jason Davis.

Ryan Christopher Northup, 35, of Chamberlain Street, Rochester, is charged with: aggravated unlicensed operation in the second degree -- mandatory suspension; operating a motor vehicle with without a required ignition interlock device; leaving the scene of a property damage accident; and unlicensed driver -- license revoked. On March 24 in the Town of Bergen, Northup was arrested during a vehicle checkpoint conducted by GC Sheriff's deputies on Route 33. It is alleged that Northup, while attempting to avoid the checkpoint, pulled into a driveway and missed it, striking a drainage culvert and causing damage. He then left the scene of the accident and was arrested at 4:36 p.m. He was arraigned in Town of Bergen Court and put in jail on $1,000 cash bond. He is due in Town of Bergen Court on April 17 to answer the charges. The case was handled by GC Sheriff's Deputy Jeremy McClellan, assisted by Deputy Travis DeMuth. Subsequent to his arrest on the above charges, Northup was arrested at the jail and charged with introduction of dangerous contraband into a prison in the first degree and criminal possession of a controlled substance in the seventh degree. On March 24, while being processed at the jail, Northup was allegedly found with a white substance tucked into his wallet. He was arraigned in Batavia City Court and put in jail on those two charges without bail. He is due back in city court at a later time and date. The contraband case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Sgt. Andrew Hale.

Teesean T. Ayala, 20, of Walnut Street, Batavia, is charged with second-degree burglary. Ayala was arrested March 19 on a grand jury warrant following an investigation into a residential burglary that occurred on Hutchins Street in Batavia at 9 p.m. on Aug. 2. Ayala was jailed without bail and is due in Genesee County Court in May. The case was investigated by Batavia Police Det. Thad Mart.

Laura L. Dutton, AKA Laura Godlewski, AKA Laura L. Godlewski Dutton-Pontillo, AKA Laura Dutton, is indicted for the crime of filing a false instrument in the first degree, a Class E felony. It is alleged that on May 4 at the Genesee County Clerk's Office that Dutton filed a NYS Pistol-Revolver license application knowing that it contained false information, and with intent to defraud she offered it to a public servant for filing to become part of the public records.

Dennis S. Rogers Jr. is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 3 in the Town of Pembroke that Rogers drove a 2003 Chevrolet on Route 5 while he was intoxicated. In count two, Rogers is accused of DWI, per se, as a Class E felony, for having a BAC of .08 percent at the time. In count three, the defendant is accused of aggravated unlicensed operation in the third degree for driving that day when his license was suspended or revoked. In Special Information filed by the District Attorney, Rogers is accused of having been convicted of DWI as a misdemeanor on June 30, 2011 in County of Monroe Court and also on Sept. 16, 2002 in City of Rochester Court. Those convictions and an additional suspension of Rogers's privilege to drive on July 27 last year, based on failure to pay child support, forms the basis for the suspension or revocation referred to in count three of the current indictment.

    Nikki Stonebraker      Marquise Lee      Angela Bateman      Derek Wilcox

      Joseph Burr

 

 

Probation officers reportedly found 56 bags of crack cocaine along with drug paraphernalia and drug packaging material during a check of a residence on Liberty Street, Batavia, yesterday and as a result of a joint investigation by the Probation Department, Child Protective Services, and the Local Drug Task Force, five people were arrested and charged with multiple crimes.

Investigators reported also finding unidentified pills and currency.

Charged were:

• Marquise L. Lee, 36, of Hobart Street, Rochester, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia 2nd;
• Angela R. Bateman, 46, of East Main Street, Batavia, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd;
• Nikki L. Stonebraker, 30, of Liberty Street, Batavia, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd, criminal possession of a controlled substance, 7th, endangering the welfare of a child;
• Joseph T. Burr, 25, of North Lyon Street, Batavia, arrested on a warrant for alleged violation of probation and charged with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd;
• Derek E. Wilcox, 30, of Congress Avenue, Rochester, criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd.

All five suspects were arraigned in Batavia City Court.

Lee was ordered held without bail. Ball was set at $50,000 or $100,000 bond for Burr, who was also ordered held on $5,000 bail for the violation of probation charge. The other three suspects had their bail set at $50,000 cash or $100,000 bond.

Press release:

The Batavia Police Department is looking to identify the person in this photo.

We believe she might be able to assist us with a found purse at a local business.

If anyone knows who she is, please contact Officer Jamie Givens at 585-345-6350. 

 

 

 

 

 

 

One of the two men arrested in connection to thefts from local liquor stores, where one man would distract the store clerk and another would enter the back room to steal cash or credit cards, admitted to his crimes today in front of County Court Judge Charles Zambito.

The way career-criminal Edward F. Perdue, 58, seemed to figure it when he walked into County Court today, unless he could persuade Judge Zambito to be a bit lenient with him, he won't get out of state prison until he's 67 years old.

Perdue, arrested in Batavia for entering the backrooms of local liquor stores and stealing cash and credit cards, is currently serving three to six years in the Orleans Correctional Facility on a burglary conviction in Monroe County.

Zambito's choice today was to send him to prison, based on his guilty plea to grand larceny, 4th, in November, for either one and a half to three years or for two to four. Perdue added another twist with his own request of the judge: make his Genesee County sentence concurrent to his Monroe County sentence.

The reason the five-time felon should get a break, according to the felon himself, is that he tipped police to a threat against the life of District Attorney Lawrence Friedman. Perdue said he overheard another inmate on a bus make a threat against Friedman (whose name he kept pronouncing "fryedman" and noted that "I never saw him before today").

"I'm not asking to be released," Perdue said. "I'm asking for my time to be concurrent with the time I'm doing now. I just happened to be in the right place at the right time."

During his talk with the judge, Perdue claimed both that officers did not talk with him about his tip and he also said he spoke with investigators and provided them with the name of the person who he said made the threat.

"The cops said they would help me," he said.

"The detectives said they would come and talk with me and they never did," he said.

"The cops said they would talk with me and I would rather talk with them," he said.

He indicated he thought he deserved a break because he's been labeled a snitch in Orleans.

Friedman, outside of court, said state authorities did investigate Perdue's allegations and found the allegations unfounded.

Zambito noted during sentencing that Friedman asked for the maximum term for Perdue and never mentioned giving him any consideration for his cooperation with police, and without evidence of Perdue's claims, he said he couldn't really consider the request.

What he could consider is Perdue's criminal record going back to 1976 and includes multiple burglaries and other property crimes, a criminal contempt and a manslaughter conviction.

"You're a career criminal," Zambito said. "A career thief." 

He told Perdue, "there's no reason not to give you the maximum allowable sentence and hope that protects society."

The sentence: two to four years consecutive with the term Perdue is currently serving.

Perdue will, in fact, likely spend his 67th birthday in prison.

"I never burglarized anything," Perdue said before he was led from court in a statement that garnered no response from Zambito."Isn't a burglary when you break into some place? I just walked into the backroom of places."

Meet Boots, an adult neutered male domestic shorthair cat that is available for adoption at the Genesee County Animal Shelter.

Boots loves attention, in fact he craves it. But he's not pesky about it -- he's too cool and easygoing for that. You won't find him losing his dignity by dashing spastically around his dwelling, which screams "I'm sooo needy! I'm going mad from this dearth of activity and affection!"

Volunteers For Animals note that he "seems to like everyone." The key word in the descriptor is "seems." Merriam-Webster's Dictionary tells us it means (1) "to appear to the observation or understanding" or (2) "to give the impression of being."

This is a remarkable personality trait that should not be underestimated. The ability to seem to like everyone when in fact you do not or, at best, you harbor an impalpable but distinct qualm about a person and his character, yet mingle amiably with that person/dog/cat and no one is the wiser, speaks volumes about Boots's competence in jibing with others.

That is a great quality to have in a pet; coupled with his striking black and white bib and tucker and a dashing all-white moustache -- it makes for one fine speciman.

The dog here is Tessie, a spayed, adult female boxer mixed breed who straight up likes to be a household's one and only pet. She only has eyes for you and she needs you to only have eyes for her.

She does not share the limelight. She does not take a backseat to any other four-legged friend. And she does not equivocate about it.

She is loyal and true, but the key to her heart is all about fun and playfulness. Fetch? Walks? Yes! Yes! Tugs? Yes! Purposeless goofiness? Doggone right --100-percent. 

The flippy, bouncy ears tell you all of that, especially when matched with the eager eyes that say your mere existance is her pure joy.

Tessie, too, is available for adoption at the shelter.

"Volunteers For Animals is always in need of monetary donations for the animals at the Genesee County Animal Shelter. Our largest expense is veterinary care for sick and injured animals.

"A great deal of our money is spent spaying and neutering as many animals as possible BEFORE they leave the Shelter. Spaying and neutering animals is the ONLY way to reduce the number of homeless animals. In addition to vet care, we also purchase FIV/FeLV tests for cats and heartworm tests for dogs.

"Please consider making a donation today. All donations to Volunteers For Animals, a 501(c)(3) charitable organization, are tax-deductible."

You can make a donation through PayPal or mail a check to: 

Volunteers For Animals
P.O. Box 1621
Batavia, NY 14020

Batavia cops are on the lookout for a loose chicken in the vicinity of 111 Washington Ave. in the city. The caller to dispatch is the owner, who says it made its escape this morning.

UPDATE 1:39 p.m.: "Rooster secured at 127 South Swan," a dispatcher tells a patrol, now en route to that location. The officer says he'll try to speak with the person who captured the fowl.

UPDATE 1:45 p.m.: No word yet on how the rooster got across busy East Main Street and continued in a southeasterly direction, a trek totaling about a mile -- which Google Maps says is a four-minute drive. Here's a map of the driving route(s); but of course it's most likely the bird hoofed it.

Press release:

The Genesee County Economic Development Center (GCEDC) will consider approving incentives for Custom Vehicle Operators (CVO), which is transferring operations from its existing facility on Ganson Avenue in the City of Batavia to the former PW Minor manufacturing facility at 3 Treadeasy Ave.

CVO is investing $2 million to purchase and make capital improvements at the 80,000-square-foot building. The project will retain 36 jobs.

CVO is the authorized distributor/installer of accessories for General Motors automobile dealer locations in Central and Western New York and Western and Northeast Pennsylvania.

CVO is seeking sales, mortgage and property tax exemptions of approximately $60,000.

The Batavia Career and Technical Education (CTE) Center’s Culinary Club will host a Pop-Up Dinner at 6:30 p.m. on Monday, April 8. It is open to the public.

This three-course dinner will be held in the Culinary Arts Dining Room at the Batavia CTE Center, located at 8250 State Street Road.

Tickets are $25 per person and may be purchased at the Batavia CTE Center.

Chef Tracy Burgio is the Culinary Arts instructor at the Batavia CTE Center. She noted how events like these give student real-world experiences as the event is student driven.

“The students have researched menu possibilities in order to plan the menu," Burgio said. "They will prepare and cook all the entrees and also serve our customers. Everyone works together as a team to create a memorable, pleasant experience for our patrons."

Any questions may be directed to Chef Burgio at (585) 344-7795 or tburgio@gvboces.org.

About the Batavia Career and Technical Education Center

It is a program of the Genesee Valley Educational Partnership. The Partnership operates as a Board of Cooperative Educational Services providing shared programs and services to 22 component school districts located in Genesee, Wyoming, Livingston and Steuben counties in New York State.

A change in federal tax law in 2017 could help attract Downstate investors to Upstate communities such as Batavia and the Batavia Development Corporation is planning on pursuing those dollars for economic development in wards three and six.

The new tax law allows investors who have realized profits from prior investments, known as capital gains, to defer and reduce capital gains taxes on those profits if they invest those gains in economically distressed neighborhoods.

Wards three and six -- which contain the City Centre mall and the Harvester Center, among other distressed properties -- were previously designated Opportunity Zones by the City of Batavia and would be eligible to attract investment under the terms of the revised Federal Tax Code.

Rachael Tabelski, BDC director, asked the City Council on Monday night to approve at its next business meeting a resolution that would allow the BDC to invest $20,000 in setting up a Batavia Opportunity Zone investment vehicle.  

"These wards are distressed and would benefit from both large and small investment projects," Tabelski said.

The goal is to attract $5 million in investment funds. Tabelski said there are already potential investors Downstate who have expressed an interest in such investments.

Urban Vantage LLC, a Buffalo-based urban planning firm, would assist, including financially, in setting up the investment package.

The $20,000 would come from BDC's revolving loan fund, which has a current balance of $319,000.

At its next business meeting, the City Council will also be asked to approve a resolution that would allow the revolving loan fund, first established with Federal grants in 1997, to start assisting small businesses in Batavia with cash grants (in addition to continuing revolving grants).

Tabelski told the council that the purpose of the fund is to get money into the hands of local businesses to help spur economic development and the fund isn't accomplishing that goal if the money isn't being put to use.

The $20,000 initial investment would be used for legal preparation of the investment vehicle, listing and marketing the project, along with filing and accounting fees.

"We're setting this up so we are on the map as a proactive community taking advantage of a new federal tax law that is allowing investment into low-income census tracks and to show investors and developers that we're serious about moving our sites forward and creating our own fund as a city," Tabelski said.

There's much about how the new investments will work that hasn't yet been determined by the Treasury Department. The final guidelines should be released in a few weeks.

In general, the idea is if an investor has capital gains, the investor can move those funds to an opportunity zone investment fund and defer any capital gains tax until 2026. After five years, the basis of their taxable gains would be reduced by 10 percent. For example, if an investor had $100,000 in capital gains and invested those gains in an opportunity zone, the investor would owe taxes only $90,000 of those gains. After 10 years, the basis would be reduced another 5 percent.

Also, after 10 years, the investor would not owe any taxes on any additional gains on their opportunity zone investments. In other words, if that investor put $100,000 into an opportunity zone and at the end of 10 years, exited the investment and got back $150,000, there would be no capital gains tax on that additional $50,000 realized from the investment.

"It's really designed to attract investment in projects that have a high likelihood of appreciation," said Richard Rogers, a principal in Urban Vantage.

Tabelski first met Rogers and his partner Travis Gordon during the Downtown Revitalization Initiative process, when they represented Ken Mistler on the Carrs Reborn project. They worked together on developing a plan to create the opportunity zones under the tax code revisions.

Tabelski and Gordon both said Batavia could be attractive to investors not just because of a break on capital gains tax but also because of other credits available, such as historic building tax credits, new market tax credits, and the availability of PILOTs (Payment In Lieu Of Taxes) on building improvements.

"This is a marketable location for people from places like Downstate to put the money into to actually get a good return on their investment as well," Gordon said.

The BDC-initiated fund will focus on real estate investment but there's no reason private investors can't establish their own funds to support business startups and expansions. So long as the business is based in designated opportunity zones, investors would be eligible, potentially, for the same tax breaks on capital gains.

There are some guidelines yet to come yet, however, that will either expand or limit those opportunities. For example, initially, the tax code would have required at least 50 percent of a business's revenue to come from within the opportunity zone.

That would seriously limit, as Rogers noted, a new firm's ability to scale, which would make a much less attractive investment for venture capital.

Tabelski said there is already an investment fund established in Buffalo that might be interested in projects in Batavia.

Photo: Rachel Tabelski presenting the project to the City Council on Monday, accompanied by Richard Rogers and Travis Gordon.