batavia

An accident is reported at 127 Jackson St., between Morton Avenue and Maple Street, and there is possible entrapment and perhaps injuries. City fire and Mercy medics are responding.

UPDATE 7:08 p.m. (by Howard): Two vehicles involved. One person transported to UMMC. One vehicle received front-end damage and the other vehicle had a banged-in door on the passenger side. Firefighters needed to pry open the driver-side door and help the driver from the vehicle, who was then loaded onto a stretcher. Police had not yet determined the cause of the accident. Jackson Street has a dusting of snow covering a thin layer of ice.

A pedestrian has been reportedly been struck by a car on East Main Street at Swan Street.

City fire and Mercy EMS responding.

UPDATE 9:52 p.m.: Person is conscious and alert.

There are ample reasons to be optimistic about Batavia's future, City Manager Jason Molino says in his annual budget message delivered yesterday to City Council Members along with the proposed 2016-17 budget, even though the coming year will be hampered slightly by an uncertain sales tax picture.

Downward pressure on oil prices is likely to mean a decrease in sales tax revenue for the City as gas prices remain low and could fall further, according to Molino's projections.

Meanwhile, some expenses continue to go up and the city's property tax base is seeing only modest growth. Therefore, Molino said, the city probably needs to raise property taxes by 13 cents, putting the rate a $9.29 per thousand of assesses value. The tax levy would increase by $55,621, or 1.10 percent.

For a home assessed at $80,000, the proposed increase adds $10.40 to the annual tax bill.

While sales tax on gas is only 18 to 20 percent of total sales tax receipts for the city, sales tax is the city's largest general fund revenue source at 39 percent of the city's general fund.

"We project a slowdown in the coming year," Molino said, "but how much is hard to project."

That's why the city needs to continue its focus on economic growth, which will expand the city's most stable revenue source -- property tax, Molino said.

The budget calls for the continuation of programs that will help, and are helping, to drive the city's growth, such as brownfield redevelopment, as well as capital investments in sidewalks and roadways, along with the ongoing, multi-year effort to invest $22 million in upgrades to sewer and water infrastructure. All of these programs will have a significant impact on the willingness for businesses to locate or expand in and around Batavia, Molino said.

There's already been progress in the city on brownfield redevelopment, such as the conversion of the former Carr's warehouse into a business and residential complex as well as the work under way to start a brewery and restaurant in the former Newberry's building. There are other projects in the works, Molino said.

"These areas didn't become blighted overnight and we won't correct the blight overnight," Molino said. "It will take time, it will take people and it will take energy."

Over the past decade, the city has made tremendous budgetary progress, Molino noted, going from a city operating at a deficit with little credit to one with a $8 million fund balance and an A-1 credit rating.

At the same time, the city has managed to replace nearly $3 million of antiquated equipment.

While the budget will use reserves for capital improvements, Molino notes that the projected decline in sales tax revenue will inhibit the city's ability to replenish those funds this year, but he sees the current economic environment as temporary and expects the economy to pick up, especially locally, over the next couple of years.

A potential bright spot on the sales tax picture is the planned construction of a plant for 1366 Technologies in the STAMP project in Alabama, Molino noted. It's hard to project the potential impact of that project, but Molino noted in his budget message that the construction of two yogurt plants in the Genesee Valley Agri-Business Park helped the city realize 4 to 6 percent sales tax growth in 2012 and 2013.

Another positive note coming out of 2015 is single-family home sales reach 122 closed escrows, up from 80 in 2013.

The city is also benefiting from a slight uptick in the assessed value of properties, as a couple of properties that were previously exempt from property taxes because of PILOT guarantees are now getting those increased assessed values taxed. Some of the additional revenue, however, is offset by the loss of PILOT payments from property owners. (PILOT = payment in lieu of taxes; taxes are exempt at a pre-defined formula on the increase of assessed value on a redeveloped property, but the property owner pays a fee to receive that benefit. That fee is split among the taxing jurisdictions that would otherwise receive the abated property tax.)

With the city facing ever escalating workers compensation insurance costs, Molino is also proposing the city adopt a self-funded insurance program, which will result in about a $250,000 cost savings. The assistant city manager and HR director would administer the new program.

The proposed spending from all funds for 2016-17 is $24,798,158. The general fund expenditure is proposed at $16,204,570. That's an annual increase of $499,806.

It's critical, Molino said, that the city continue to invest in its future, because only through economic growth can it meet future financial challenges and continue or improve city services.

There's a lot of positive momentum, a renaissance, in Batavia, in Genesee County and throughout the region, from Rochester to Buffalo, Molino said. Batavia needs to be a part of that positive trend.

"Let's stop with the negative perceptions about what Batavia can't be and talk about what Batavia can do," Molino said.

Molino ended the intro to his budget message on a similar high note, sounding a bold and ambitious vision statement for the city:

We need to become a community where employers don’t think twice when considering expansion. Our government services must strive for excellence and foster cooperation. It’s imperative our organizational culture and physical assets reflect immense pride in our City. We need to become a community where people of all ages truly enjoy life. Our vision is simple, to make Batavia the community of choice, in which the quality of life is unmatched and opportunity is around every corner.

City firefighters responded to 13 Chestnut St. after the odor of gas was reported in the basement. They discovered the strong smell of gasoline and are checking for the source. Neighbors are asked to check their basements, too, and the responders will be "popping some manholes" to check for the source of gasoline.

UPDATE 6:47 p.m.: Command on scene tells a dispatcher "We're going to need to have someone from Waste Management notified. We have the strong odor of gasoline in the sanitary sewer here."

UPDATE 7:13 p.m.: A caller reports the smell of gasoline "flooding the basement and making alarms go off" at 129 Liberty St., which isn't far from the Chestnut Street incident. City fire is responding and the first platoon is called to stand by in headquarters.

UPDATE 8:11 p.m. (by Howard): Spoke with Capt. Bob Fix at the scene. The resident at 13 Chestnut came home to the smell of gas in the house. It was coming up through the drainpipe and seems to have originated in the sewer system. There's no indication how gas might have gotten into the sewer system. "Even a small cup (of gasoline)" could have caused the odor, Fix said. A wastewater crew is responding to the scene to flush the system. Residents on Chestnut are being asked to run a little water down their drains to clear out their own systems. There's no present danger. The call on Liberty was unrelated and the result of a faulty detector. The first and third platoons have been called in to fill in at the Fire Hall with two city trucks tied up on Chestnut until the sewer is flushed. Chestnut is closed to vehicle traffic until crews have completed their work.

UPDATE 9:11 p.m.: City assignment back in service.

A man is allegedly refusing to leave the ATM machine outside the Five Star Bank at 390 W. Main St., Batavia, and refusing to let others use the machine after complaining that it "ate" his ATM card. A dispatcher said a teller informed the irritated customer their machines are not the kind that can take the cards and not allow them to be retrieved. Police are responding.

A portion of Park Road is being shut down this afternoon so work crews can remove a scaffold raised for the construction of the new hotel at Batavia Downs that was damaged in last week's windstorm, Town of Batavia Supervisor Greg Post said.

It's a matter of public safety, Post said, to close the road while the scaffolding is removed.

The project took some time to get to, Post said, after the damage, because the project needed to be carefully planned.

Batavia Downs will remain open, Post said, as well as the other businesses on Park Road.

There's no estimate on how long the project will take to complete.

Francine Pauleete Francioli, 34, of Erie Street, Le Roy, is charged with criminal possession of a controlled substance, aggravated unlicensed operation, 3rd, unlawful possession of marijuana and inadequate taillights. Francioli was stopped at 4:47 p.m. Thursday on North Bergen Road, Bergen, by Deputy Joseph Corona. Francioli was allegedly found in possession of alprazolam, hydrocodone and marijuana during the traffic stop. 

Benjamin Ross Corke, 28, of Tracey Avenue, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Corke was arrested on a warrant. He was jailed on $1,000 bail.

Rene Norma Brouchu III, 32, of Lewiston Road, Oakfield, is charged with petit larceny. Brouchu allegedly stole several items from Walmart with a value of $174.61.

Press release:

Batavia Downs Gaming has closed the books on another record year, making it 10 straight years in which the facility increased revenues from the previous one. In 2015 the 787+ video lottery terminals at the track’s gaming facility generated $52.6 million in net winnings, up 7.37 percent from 2014’s $48.9 million. This percentage increase in net growth was first among NYS facilities for the second year in a row.

“After the completion of our gaming floor expansion and the opening of our new lobby, patron visits have increased as have revenues,” said Michael D. Kane, CEO and president for Batavia Downs Gaming. “With the construction of a new 84-room hotel, opening in midsummer, we look forward to further serving our customers in the Western New York area while expanding our reach even further.

2015’s increase comes on the heels of 2014’s 5.37-percent net winnings increase over 2013. In 2014 Batavia Downs was one of only two NY state facilities to show an increase. This marks the third time in the last four years that Batavia Downs Gaming leads NYS facilities in terms of percentage growth.

“We’re happy to show continued growth,” said Ryan Hasenauer, director of Marketing for Batavia Downs Gaming. “We also had a record year of payouts, with $627 million in winnings paid out to our visitors. These increases also benefit the counties and cities that own us. As a public benefit corporation, all revenues net expenses are distributed to our member municipalities.”

Western OTB is a public benefit corporation owned and operated by 17 Western New York municipalities: Cattaraugus County, Cayuga County, Chautauqua County, Erie County, Genesee County, Livingston County, Monroe County, Niagara County, Orleans County, Oswego County, Schuyler County, Seneca County, Steuben County, Wayne County, Wyoming County as well as the cities of Rochester and Buffalo. Headquartered in Batavia, WROTB owns and operates 27 OTB branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) at its Jan. 14 board meeting authorized the transfer of a PILOT (Payment In Lieu of Taxes) agreement to Dairy Farmers of America (DFA) as a result of the sale of the former Muller Quaker Dairy plant in Batavia. The PILOT agreement will be in effect for the remainder of 2016.

A key provision of the PILOT that will be transferred to DFA is a $300,000 payment from DFA for water and waste water/sewer infrastructure sustainability to the town of Batavia and the assumption of fire district fees.

“We are extremely pleased that Dairy Farmers of America has agreed to purchase the manufacturing facility in the Genesee Agri-Business Park,” said Paul Battaglia, chairman of the Board of Directors of the GCEDC. “I think it shows that DFA is a company with a great deal of integrity as well as a commitment to our community.”

“This is another great example of how all of our public and private partners in the economic growth and sustainability model we embraced over the last 10 years continue to excel in making sure our taxpayers and water/sewer customers are well served and able to rely on stable rates in the face of unpredictable events,” said Gregory H. Post, supervisor of the Town of Batavia.

“The efforts made on behalf of the Town of Batavia and the region by Steve Hyde and the staff at GCEDC and the extraordinary investment in our Town by DFA during the transfer of PILOT agreement allow us to continue to offer and provide the infrastructure and support necessary to efficiently serve our community’s ever growing needs. We stand ready, willing and able to assist the new owners and offer thanks to all involved in this negotiation.”

It is expected that within the next few months that DFA will present its plans for operating the manufacturing facility and submit its own application for assistance at the appropriate time.

“We expect many, if not all of the jobs lost from the plant’s closure last month to be restored, but that is going to take some time as DFA prepares its plans,” said Steve Hyde, president and CEO, GCEDC. “We remain committed to assisting the DFA in this transition to ensure the plant will continue operations as one of the region’s largest agricultural food production facilities, as well as serve as a major economic driver in the region.”

Dairy Farmers of America (DFA) is a national dairy marketing cooperative that serves and is owned by more than 14,000 members on more than 8,000 farms in 48 states. DFA is also one of the county’s most diversified manufacturers of dairy products, food components and ingredients and is a leader in formulating and packaging shelf-stable dairy products.

Press release:

The Batavia Police Department has received multiple complaints of fraudulent posts on social media (Craigslist, Facebook, and other similar Web sites) claiming to be John Gerace, a realtor of RealityUSA with property “for rent.” The postings are requesting a $700 deposit in exchange for keys to the residence. The only contact information on the postings is for sgtmonica000@gmail.com.

The Batavia Police Department with the assistance of John Gerace, would like to remind the community not to give money upfront for a rental apartment without first walking through the apartment and signing a lease agreement. This is a reoccurring issue. If you feel have been part of this scam please contact the Batavia Police Department at (585) 345-6350 to report the incident.

Previously: Real estate agent turns the tables on craigslist scammer

Press release:

Genesee ARC is moving ahead with plans to close down one section of its recycling operation and work with individuals employed there to find new positions.

The change affects the sorting line at the recycling center where as many as 14 people work each week. In the restructuring, the individuals with disabilities employed at the transfer station, on the trash and recycling routes, redemption center and Genesee Data Management will maintain their jobs.

“We will still be picking up recyclables from our curbside trash customers and accepting them at our transfer station,” Executive Director Donna Saskowski said.

Cardboard will still be sorted and bundled at the plant but all other recyclable materials will be collected and shipped to larger facilities with automated sorting.

“The cost of operating the line has increased over time and the prices we were able to secure for the baled recyclables have decreased considerably over the past 18 months, resulting in an untenable financial situation,” the director said.

Key employment services staff will be working with the individuals to assist them with job placement through the NYS Office of People with Developmental Disabilities and Adult Career and Continuing Education Services-Vocational Rehabilitation (ACCES-VR). A job at ARC’s Sheltered Work Center on Walnut Street is not an option due to State regulations, effective July 2014, prohibiting the acceptance of any new (or returning) work center placements.

Genesee ARC was the sole trash and recycling contractor for residents of the City of Batavia, from 1983 to 2013. The nonprofit began offering private trash collection and recycling services after a decision by city council to opt out of the trash business altogether, leaving residents to find their own local provider. This created its own set of challenges as Genesee ARC for the first time had to develop pricing, options and an entire new system to bill for the services. And, while a few new providers sprang up overnight, Genesee ARC has a majority of City of Batavia residents as its customer base for curbside trash and recycling. A large percentage of city residents also take advantage Genesee ARC’s transfer station services.

“This was a very tough decision for our leadership and Board of Directors,” Saskowski shared.  “We will do everything we can to help secure new job placements – this is a priority.”

You  may not consider Batavia a warm winter retreat, but chances are you are not a snowy owl.

So far this season we have one wintering snowy owl at the Genesee County airport. With the Great Lakes getting colder and starting to freeze over, we could have more spending time here with us. As the lakes freeze, more snowy owls could push inland looking for food and that could mean better bird watching for us in Batavia.

If you have not had a chance to drive by and see it you should make and effort and try. She likes the west end of the airport on most days.

If you cannot make it out this winter you may not have another chance to see one here for awhile. About four years ago there was a very large lemming baby boom due to the arctic being unusually warm. This led to a boom in the snowy owl population. Since the arctic has remained warmer than normal the lemming population has burned out. The young owls are forced to fly as far as 7,000 miles away from home in the winter to find easily found food. As the owls mature, and become better hunters, they will be able to stay in the artic all winter. In the past, this cycle of snowy owls coming this far south for the winter has lasted about three years. This is the third year for them in Batavia. They may not be back again for awhile. Since there is only one snowy owl in town, instead of three to five like the last few years, it may point to the cycle ending. 

It's hard to find good houses for rent in Batavia and John Gerace, a local real estate agent, believes some guy in Nigeria found a nice little scam for himself to take advantage of that fact.

Since Gerace, in a manner of speaking, was a target of the scam, he decided to have a little fun last week at the scammer's expense. 

He posed as a prospective renter and went so far as to con the guy into thinking he sent him $700 via Western Union.

The scammer has been using Gerace's name with his fake rental listings on craigslist, and Gerace made no attempt to hide his identity in his e-mails, phone message or text messages.  

Still, the scammer persisted until he caught onto the ruse, then cut off communication with a Nigerian profanity and ditched his burner phone.

"They wouldn't be doing this if people weren't sending them money," Gerace sad.

Sadly, people probably are sending fake rental agents money, though Gerace has no direct knowledge of that happening, and law enforcement is largely powerless to do anything about it.  

It's one of the dangers of free online classifieds. It's easy for anybody to post anything, though craigslist does warn people not to wire money for housing rentals.

The Nigerian has been using Gerace's listings, all houses that are actually for sale, not for rent, as rental posts on craigslist. The scammer lifts the photos, property description and address out of the for-sale listing and posts them to craigslist. To help further entice the fish, he makes it sound like a great opportunity -- a below-market-value rent of $700, including utilities and pets are allowed.

The act was pretty sophisticated, too. The Nigerian e-mailed prospective renters an application and told a woeful tale of why he and his family needed to rent their beloved house in Batavia.

"I decided to rent out the property due to our transfer to (Black Creek, WI) on a Missionary Work by my church here, so we are renting it out since we need someone to take good care of the property on our absent," the Nigerian writes. "Don't be surprise if you find the home with another site and deference price, I have plan to rent it through Real estate before, but they are not serious simply because they have a lot of house to lease out and they added some money to the rent while there commission is not fair."

When Gerace posed as a potential renter, he told an even sadder tale to the Nigerian.

"I am very excited about the home you have for rent in Batavia located at 18 Oak St.," Gerace sent in a text message. "I have been looking for 3 months for a place for me and my 2 disabled children. My wife was killed in an auto accident when we were driving on the thruway and my 2 children were seriously injured and now need specialized treatments which can only be done here in Batavia by a very close medical center. This home is in a perfect location for us to seek treatments. I am a minister at our local church and I work 2 other jobs to pay all my bills. I am very clean and would take very good care of your home."

Gerace was incredulous that the Nigerian responded and continued with the scam.

So when an agreement was reached, Gerace told the man he sent, as instructed, the $700 via Western Union. He provided a fake transfer ID number. Over the next several hours, the man apparently made several trips to the Western Union office, exchanging messages about the missing money with Gerace along the way, before he realized he himself had been scammed.

The final message from the Nigerian was two words. Gerace translated it. It wasn't nice.

Throughout this ongoing scam, Gerace has been contacted by people who have seen the listings and either didn't realize they were fake or weren't quite sure.  

One home buyer -- Gerace represented the seller, not the buyer -- flew off the handle when his wife found the house they were purchasing for $225,000 in a craigslist listing under Gerace's name.

"He f-bombed me," Gerace said. "What are you doing trying to rent our place when we have an accepted purchase offer!"

Gerace explained it was a scam.

" 'Come on,' " he said, " '$700 a month on a 2,500-square-foot home, including utilities?' I said, "If it sounds too good to be true, it's too good to be true."

Gerace wanted to share his story in the off chance people might read it and get that message.

If it sounds too good to be true, it's too good to be true.

Terrance D. Bauer, 54, of Church Street, Basom, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. The Local Drug Task Force executed a search warrant at Bauer's residence and allegedly found cocaine and marijuana and various smoking devices and scales. Bauer was issued an appearance ticket.

Elizabeth Michelle Grattan, 26, of Maple Street, Batavia, is charged with petit larceny. Grattan is accused of shoplifting from Kohl's Department Store, allegedly stealing merchandise valued at $99. Grattan was jailed on $1,000 bail.

A 16-year-old from Pavilion is charged with criminal mischief, 4th, and harassment, 2nd. The youth was allegedly involved in an altercation at Pavilion Central School, punching another person in the face, resulting in minor injuries and a broken phone.

A 78-year-old Le Roy resident has been issued traffic citations stemming from a pedestrian accident Saturday night that claimed the life of a Batavia resident at Main and Bank streets.

Robert Christner was cited for failure to yield right-of-way to a blind or visually impaired person in a crosswalk and expired NYS inspection.

While the investigation is continuing, police investigators have concluded that Joseph Ogozaly, 58, who was legally blind, was crossing Main Street northbound on the west side of Bank Street with the light and had the right of way when he was allegedly struck by Christner's black pickup truck.

Christner was on Main Street, westbound, and was the sole occupant of the vehicle.

It's cleared now, but about a half hour ago, Batavia got hit by a snow squall that reduced visibility. It was hard to see even more than a few trees deep into Centennial Park.

Forecasts show another band or two of lake effect snow heading our way this afternoon. The National Weather Service is Buffalo has a lake effect snow advisory in place until 10 p.m.

Funeral arrangments have been announced for Joseph Ogozaly Jr., 58, of Batavia, who was struck and killed by a pickup truck Saturday night on Main Street, Batavia.

Ogozaly, a veteran of the Air Force, will be buried with military honors at 10 a.m. Friday at Grandview Cemetery.

Det. Rich Schauf said there is no new information available in the investigation into the accident that claimed Ogozaly's life.

The driver of the truck has not been charged and his name has not been released.

"We are still investigating the circumstances of the incident to determine the outcome," Schauf said.

For Ogozaly's full obituary, click here.

Leonard A. Johnson, 23, of Hutchins Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Johnson is accused of selling crack cocaine to agents of the Local Drug Task Force on two separate occasions in 2015. Johnson was arrested on a warrant while at the County Courts Facility on an unrelated matter. He was arraigned in City Court and jailed on $25,000 bail.

Duffy Starks, 23, of North Spruce Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Starks was arrested on a Grand Jury indictment warrant based on an investigation by the Local Drug Task Force into the sale of crack cocaine in and around the City of Batavia. Starks was jailed on $50,000 bail.