batavia

A two-car accident with minor injuries is reported at the intersection of Richmond and Verona avenues in Batavia. City fire and Mercy medics responding.

Batavia Police are looking for a male, possibly Hispanic, described as about 5'2" and wearing blue jeans, who attempted to rob the Family Dollar on East Main Street this morning.

An employee told police that the man entered the store at 9:36 a.m. with a black scarf around his face, approached the cashier and asked for money while displaying a silver handgun. He then left the store without further incident and walked eastbound on the sidewalk.

The store stayed open for business. Police checked the area for the suspect, including nearby businesses. He was not located. Any person having information is asked to please call the Genesee County Emergency Dispatch Center at 345-6350.

Jay Lewis might be only 14 years old but he is full of ambition and has many aspirations. Jay, a ninth-grader who attends Batavia High School, was recently selected to attend the National Young Leaders State Conference. This conference will take place in Boston in April.

During this four-day conference, Jay will come together with students from schools located all throughout the Northeastern United States. These students will focus on a curriculum that is specially designed to develop essential leadership, communication, networking, decision-making, conflict resolution and critical thinking skills.

“I’m looking forward to meeting new people and I hope to learn how work with people in order to become a better leader. These are skills that you need throughout your whole life,” Jay explained.

Eric R. Knapp, an eighth-grade school counselor at Batavia Middle School, nominated Jay.

“Jay is a young person with exceptional character and values,” Knapp said. "During his years at the Middle School he was polite, respectful and was a fantastic role model for other students. He had a quiet demeanor about him yet, according to his teachers, in the classroom, he showed great enthusiasm for education and consistently showed outstanding effort. In addition to his exceptional character and leadership potential, his overall average his eighth-grade year was 96.296 percent."

As a freshman, Jay has earned 11 college credits through the Genesee Community College Math Science Preparation Program. He plans to attend college to earn a degree as an electrical or mechanical engineer and hopes to someday own his own business. Jay has many interests in and outside of school. He serves on the Genesee County Youth Court. He’s a member of the Ski Club, Batavia Middle School Modified Tennis Team, is an avid fisherman and hunter and a Greenwing Member of Ducks Unlimited.

Jay lives in Batavia with his parents, Jennifer and Jim Lewis.

The city is ready, willing and able to help get construction started quickly on a new, five-story, 80- to 100-room hotel at Batavia Downs, said City Manager Jason Molino.

While developers and Western OTB officials have yet to agree on the precise location of the hotel, COO Mike Nolan said this morning the most likely spot is overlooking the southwest turn of the track, adjacent the grandstands, near the Tops Plaza.

That location is within the boundaries of the City of Batavia, meaning it will be the city's zoning and planning boards that will be called on for plan, design and environmental reviews.

"Being able to get this project reviewed and in front of all the proper boards is something we're committed to," Molino said. "We will make every effort, including holding special meetings, to move this along as swiftly and as smoothly as we can to meet the goals of the developers. I don't think this is a concern for us. We've worked with these size projects before and we can get it through smoothly."

Nolan said the developers, a Buffalo-based group that will purchase the property for the hotel from Western OTB, would like to break ground in 60 days and have the hotel open within nine months.

"The best part of this story is that back in 1998, when Western OTB bought Batavia Downs, it took $3 million (in assessed value) off the tax rolls," Nolan said. "Now, in 2015, $7 million plus is going back on the tax rolls for a facility that was closed and drawing nothing but cobwebs."

The increase in tax revenue won't hit local governments all at once, since the developers are likely to seek tax abatements from Genesee County Economic Development Center, but the exact structure of tax relief won't be clear until applications are made and abatements are approved.

Typically, tax abatements from GCEDC include relief on sales tax for construction material and furnishing, mortgage tax and a PILOT, which graduates the amount of property tax paid over a 10-year time frame, until the property owner is paying 100 percent of the taxes on the fully assessed value.

State law prohibits industrial development agencies from providing tax assistance to retail projects, unless they qualify as tourist destinations or are intended to attract visitors from outside the area.

Projects that are with economically distressed areas, or adjacent to such areas, are also exempt from the law.

Julie Pacatte, coordinator for the Batavia Development Corp., said one advantage Batavia Downs can realize by building the hotel on property within city limits (Batavia Downs straddles the City/Town line) is the census track is adjacent to a census track that includes Downtown Batavia, which qualifies as an economically distressed area.

"We're thrilled at the idea of having a distinctive hotel within the city," Pacatte said. "What they're planning, where you arrive in a very Vegas-style, shared lobby area, where you can check into the hotel and stay within the facility throughout your weekend, and being on the track, overlooking the last turn from a balcony, is pretty exciting."

Because the hotel won't offer other amenities, but is geared entirely toward the visitor looking for casino and harness racing entertainment, the folks at Western OTB don't believe it will compete with existing hotels, Nolan said.

"With this becoming a more competitive casino market in Upstate New York, we felt we needed to step up," Nolan said. "There's a casino coming to Seneca County, and the Seneca's already have casinos at their Niagara and Salamanca properties. In this new and up and coming casino market the way it is, we needed to offer some hospitality for our casino customers."

The other advantage the city offers a water-hungry facility like a hotel is lower water rates. Rates in the city are $3.14 per thousand gallons of water compared to $5.46 in the town.

The developers are negotiating with a couple of different hotel chains, so it's possible the new hotel will be operated under the banner of a Hilton Garden Inn or a Courtyard Marriott, or some other banner.

Batavia Downs is just wrapping up a $28 million remodeling and expansion effort and th hotel will complement that growth, Nolan said.

"We have a tremendous opportunity for convention-type of events and banquet-type of events that require lodging," Nolan said.

The hotel, Molino said, will certainly be a boost to the local economy, bringing in more visitors, creating jobs and spurring other types of economic growth. 

"This is a great opportunity and a great project," Molino said. "Everybody in my office, with the BDC and in planning are excited to work with the developers. We're going to do everything in our power to make sure it moves as quickly as it can and move as promptly as possible. That would be a win-win for everybody involved."

There is a water main break outside City Center on the east side of the mall.

Businesses on the east side are impacted.

Water department crews are on scene.

UPDATE 12:55 p.m.: Repairs are completed and service is restored.

The City of Batavia's Water Department is making repairs to a broken water main in the area of Treadeasy Drive this morning. Water service is interrupted on Industrial Boulevard and Treadeasy Drive, primarily south of the railroad tracks.

The VA Hospital in Batavia has a new NCO Club on the third floor thanks to the efforts of residents, staff and several area veterans groups who donated money and material to make it possible. The club will be a place for veterans to gather and socialize while at the VA.

The new club, a converted storage room, was dedicated today with speeches and a ribbon cutting.

Anthony W. Janda, 37, of Gasport, is charged with DWI, speed unreasonable, failure to use designated lane and driving across hazardous markings. Janda's vehicle left the south shoulder of Route 5 in Pembroke and struck a snow embankment. Upon a trooper's arrival, Janda was in a Mercy EMS ambulance. The trooper said he detected "an overwhelming odor of an alcoholic beverage." The trooper administered two field sobriety tests and a breath test, which indicated alcohol consumption. Janda was transported to ECMC as a precaution and reportedly refused a blood test for the trooper, though the hospital had already drawn blood.

Vanessa Lynn Silvernail, 29, of Meadow Farm North, North Chili, is charged with DWI, aggravated DWI, aggravated unlicensed operation, moving from lane unsafely and drinking alcohol in a motor vehicle. Silvernail was arrested following an investigation into a one-vehicle accident in which the vehicle left the roadway on North Road, Town of Le Roy, and went into a ditch at 12:30 a.m. The accident was investigated by Deputy Joseph Loftus.

Annie E. Johnson, 86, of Milbank Street, Rochester, was arrested on a warrant for alleged failure to appear on an overnight parking ticket in the city. Johnson turned herself in and was released on $100 bail.

Christina M. Sanchez-Anderson, 26, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear on a possession of stolen property, 5th, charge. Sanchez-Anderson turned herself in, was arraigned in City Court and released on her own recognizance.

Lee Edward Richeson, 53, of 8th Street, Canisteo, is charged with possession of more than 400 untaxed cigarettes. Richeson was stopped at 11:50 a.m. Tuesday on Route 77, Pembroke, for an alleged traffic violation by Deputy Patrick Reeves.

Ella, Mrs. Shuknecht’s First Grade
My Snowman
My snowman’s name is Krystal. She is fancy and happy.  She likes to wear bows and a hat. Her favorite food is ice cream cake. When it is cold outside she likes to have snowball fights and go snowboarding. 

Parris, Mrs. Bigsby’s First Grade
My Grandma’s House
I went to my grandma’s house. It was a special place. First, I ate dinner with my grandpa and grandma. It was good. I had turkey and mashed potatoes with them. Next, I played at the park with my friend, Emma. We played on the monkey bars. Last, I went to feed the ducks. I fed them bread.  I had a great time at my grandma’s. I hope I can visit them again soon. 

Martha, Mrs. Bigsby’s First Grade
My Papa’s House
I went to my papa’s house and it was a special place. First, I ate dinner with my papa and my grandma. It was delicious. Next, we watched the Croods. It was a funny movie. Last, they took me to the park. I went on the swings. I had fun at the park. I had a great time at my papa’s house. I hope I can visit him again soon. 

Jay’lee, Mrs. Mattice’s Kindergarten
Penguins
Penguins can swim. 
Penguins have blubber. 
They have claws. 
They have beaks. 

Trey, Mrs. Wolff’s Kindergarten
Seasons
My favorite season is summer because I play baseball with my brother, mom and my dad.

Brandon, Mrs. Colvin’s First Grade
How to Build a Snowman
To make a snowman I would first roll three snowballs. One big, one medium and one small. Then, I would stack them. The biggest on the bottom, then the medium and finally the smallest on the top.  I would decorate. My arms would be sticks. My nose would be a carrot. My eyes would be coal.  My mouth would be rocks. I would do a scarf with a zigzag design. I would name my snowman Snowy and give him a hug. 

More after the jump:

Dominic, Mrs. Torrey’s First Grade
I Went to Our Cottage
I went to our cottage. It is a special place. I jumped in the pool and got all wet. We played ice buckets. We got dried off and went inside and watched T.V. I had a great time at the cottage. I hope I can go again. 

Sophie, Mrs. Colvin’s First Grade
How to Build a Snowman
To build a snowman I would first roll three snowballs. One big, one medium and one small. Then, I would stack them. The biggest one on the bottom, then the medium and finally the smallest on top.  Then, I would decorate my snowman. My arms are sticks. My nose is a carrot. The eyes are coal, my mouth is a banana, my hat is on him. Finally, I would name him Olaf and play with him. 

Payton, Mrs. Radley’s First Grade
How to Train a Dog
First, you give the dog a bath and you play with the dog. Next, you say sit, stay, lay and stay again. Then, you play with the dog and you sit in the house for a little bit. Last, I give the dog to the owner. 

Kyleigh, Mrs. Radley’s First Grade Class
How to Babysit
First, you play with the kids and if they cry rock them slowly. Next, you put them to bed. If they are bad you put them in time out. Then, the two kids that did not go to bed can go outside and play in the snow. Last, you have to take their snow clothes off and wake up the baby and give the kids to their mom. 

Xaviar, Mrs. Colvin’s First Grade
How to Build a Snowman
To make a snowman I would first roll three snowballs. One big, one medium, one small. Then, I would stack them. The biggest one on the bottom, then the medium and finally the smallest on top.  To decorate my snowman, my arms will be sticks. My nose will be rocks. My mouth will be rocks.  My eyes will be rocks. A hat with a zigzag pattern. Finally, I would dance with him. His name is Frosty. 

Lily, Mrs. Torrey’s First Grade
How to Build a Snowman
To make a snowman I would first, pack three snowballs and stack them up. Then, I would put buttons on her tummy. I would put a pink hat and pink mittens on her. Then, I would put two sticks for her arms. Then, I would give her a broom. Finally, I would give her a carrot for the nose and a watermelon for her mouth. Her name is Rosie. We would play Barbies together.

Nina Kelso isn't sure she should have entered a guilty plea in October to one count of animal cruelty, the Batavia woman indicated in City Court today as she wiped away tears.

She told Judge Robert Balbick that she wanted a new attorney before being sentenced on the conviction.

"I need somebody more suitable for somebody who attends mental health and needs more help with the case to be able to show their innocence and not be pretty scared into taking a plea," Kelso said.

Under no circumstances, Balbick told her, would she be allowed to withdraw her guilty plea, nor would he assign a new county-paid attorney to her, but he did give her two weeks to hire her own attorney.

In October, Kelso entered a guilty plea on an Alford basis, meaning she admits she would likely be found guilty by a jury, but did not admit to the facts of the case.

It's been a year since Kelso was first accused of mistreating her former dog, Fox'r. Fox'r was found by an animal control officer extremely malnourished at Kelso's residence.

Kelso maintained that Fox'r had eaten something that made him sick.

Today, Kelso said she felt pressured to enter a guilty plea because she said her attorney -- her second attorney on the case -- had told her if she didn't plead guilty, she would likely be found guilty by a jury and sent to jail once convicted.

Balbick reminded Kelso that when he accepted her plea, she questioned her about her understanding of the plea and her confidence in her attorney.

"If you had given any indication you were not making the plea voluntarily, I would not have taken the plea," Balbick said. "We went through the entire plea process very, very clearly."

The plea deal required Kelso to surrender ownership of Fox'r, who had been languishing in the animal shelter for eight months, so he could be adopted by a new family. It also came with a stipulation that Kelso would not be sent to jail.

Kelso is scheduled to reappear in City Court for sentencing in two weeks.

The city's tax lien auction list for 2015 includes 12 parcels, with five single-family homes and two commercial buildings.

City staff is also recommending the sale of three vacant homes in poor condition to Habitat for Humanity for rehabilitation and sale to a low-income family.

There's also a piece of vacant property on Law Street next to the city's current yard waste collection center -- the center is on leased land -- that may be suitable for a new yard waste facility.

These four properties aren't included on the list of properties slated to be auctioned off March 14 at Bontrager's on Wortendyke Road, Town of Batavia.

In a memo to City Council, City Manager Jason Molino noted that the city has previously sold seven single-family homes to Habitat for Humanity, and these homes have been successfully rehabilitated and occupied, increasing the average assessment by 38 percent.

The three properties to be offered to Habitat this year are:

• 54 Oak St., which has been vacant since March 2011, for $2,500
• 131 Pearl St., which has been vacant since August 2012, for $1,000
• 240 State St., whose owner died, for $2,500

The foreclosed properties slated for auction are:

As in previous years, buyers will be reviewed by city staff and the city reserves the right to reject a purchase a buyer it believes is not qualified to maintain the property.

So far, attorneys have been paid a combined $207,000 for the City of Batavia and the Mall Merchants Association to battle in court over who is responsible for what in the rapidly deteriorating structure.

There's a chance now the case may go to mediation, the City Council was informed Monday night.

After losing a motion for a summary judgement, City Manager Jason Molino said the MMA is willing to submit to mediation. 

A final agreement on mediation has not be completed.

The city and MMA have locked horns over responsibility for concourse maintenance, major repairs, ownership and governance.

In 2009, the MMA filed suit against the city.

Since then, the city has spent $104,199 on legal fees, while the suit has cost the mall merchants $103,317, according to Molino's memo.

"A thriving and healthy City Centre is critical to the City's downtown revitalization, and the City is very interested in an overall resolution that will best support long-term and prosperous solutions for all parties involved," Molino wrote.

A $200,000 federal grant could help create from five to 10 new businesses in Batavia, the City Council was told Monday night.

The "micro-enterprise" grant program is designed to help fund businesses with fewer than five employees either through a start-up or growth phase.

The minimum federal requirement for the program is that five business owners receive benefits and five new jobs are created.

Recipients would be required to attend classes at GCC's Best Center covering the fundamentals of owning and operating a business, including planning, legal issues, accounting and financing. 

The program would be supervised by the Batavia Development Corp. with the assistance of a grant administrator.

In total, $150,000 would be available for grants to small business owners, with $31,300 for program delivery, $10,000 for grant administration, and $8,700 for classroom instruction.

The money given out would be in the form of grants, not loans.

City Manager Jason Molino told council members that it's his understanding the federal government would require some sort of claw back for businesses that fail or move out of the city within the first three years after receiving the grant.

The City Council will vote on a resolution to accept the federal money at its March 9 meeting.

Councilman John Deleo opposes including money for an assistant city manager in Batavia's budget for 2015-16 and wants his vote on the record.

In what one of his colleagues characterized as an 11th-hour plea, Deleo asked near the end of Monday's City Council meeting how he goes about proposing a budget amendment.

Deleo said his constituents don't want him to drop the issue.

"We talked about it at budget time, but it never came up," Deleo said. "It was never put on the agenda here, but I made a promise to the voters that they wouldn't grease the rails and slide this though. I would make sure I would bring it up."

The council approved the addition of an assistant city manager position in the 2014-15 budget and over the summer, local resident Gretchen Difante was hired to fill the role. Since then, she's worked on a variety of issues for the city, including flood insurance, problems with the emergency communications system, administrative services, including finance, the clerk-treasurer, personnel, information technology, the youth bureau and assessment. She's even been called on to help city residents deal with feral cats.

Her annual salary is $75,950.

While Deleo maintains the majority of the people he's heard from say the city should eliminate Difante's job, Councilman John Canale said he is hearing a completely different message.

The feedback he's getting, he said, is the job is needed.

Couching his words with phrases like "in all due respect" Canale was critical of Deleo's request for a vote after the council has already been through budget work sessions and a public hearing on the budget.

The budget needs to be approved by April 1 and making a substantial change at this stage would require a second public hearing, which could potentially jeopardize timely passage.

At any point in the process, Deleo could have made a motion to eliminate the job, but didn't. 

"This is a knee-jerk reaction," Canale said. "We had this discussion many, many times. We had several budget sessions and nowhere did you ask Mr. Molino to take it out of the budget."

Canale called on Deleo to show some leadership and do what's right for the city.

"I voted against this job from the get go," Deleo said, "because that's what the people said. I still work for the people. I'm still against this and I want to get it on the record that I'm still against it and that's what I'm asking for."

At one point, after much discussion, Deleo made a motion, seconded by Briggs, to schedule a budget workshop session for Friday evening.

At such a session, Deleo could make his motion and if it passed -- and even Deleo conceded it wasn't likely to pass -- a public hearing on the amended budget could be scheduled.

After further discussion, City Manager Jason Molino said he had run some calendar calculations, and if the council waits until its March 9 meeting for a vote on Deleo's proposed budget amendment there would be a day or two of wiggle room to get in a public hearing before a final budget vote.

With that, Deleo withdrew his motion for an early meeting.

At several points during the discussion, Molino told council that at no point has the council expressed a request for him to do a budget analysis on the impact of removing the position, both for its impact on the tax rate and its impact on city operations.

By the end of the meeting, no council member made that request.

Press release:

The HomeCare & Hospice Guild’s 21st Annual Spring Bouquet Sale is set for March 4 and 5.

Traditional bouquets, consisting of nine vibrant floral stems, and a larger Bouquet of Hope, consisting of 18 floral stems, will be for sale at HomeCare & Hospice offices in Batavia at 29 Liberty St. (and 450 N. Main St., Warsaw).

Proceeds benefit terminally ill patients and their families in Genesee and Wyoming counties. HomeCare & Hospice is the only Medicare-certified hospice provider in those counties. Proceeds will also support services for the frail elderly, disabled and those recovering from advanced illness.

Contact Kathleen Neeson at 1-800-719-7129 or kneeson@homecare-hospice.org, or visit www.homecare-hospice.org for more information.

Two of the people seriously injured in a weekend accident that took the life of a young Pembroke woman remain in guarded condition at Strong Memorial Hospital.

Details of the injuries to Brandon Danser, 21, of Batavia, and Jamie Scherer, 21, of Pembroke, are not available.

Strong lists all patients in the Intensive Care Unit as "guarded."

Both were passengers in a vehicle early Saturday morning that was northbound off of Molasses Hill Road, Bethany, when it was struck by an eastbound semi-truck on Route 20.

Alyson D. Krzanak, 18, of Pembroke, later succumbed to injuries sustained in the accident.

The vehicle was reportedly driven by Hannah Dibble, 21, of Pembroke, who was transported by Mercy EMS to ECMC and treated and released.

Felicia Fazzio, 20, of Darien, was transported by Mercy EMS to ECMC. She was listed in stable condition, but today a patient information operator at ECMC refused to release information on her condition, other than to confirm she hasn't been released.

Gabrielle Uzarowski, 21, of Pembroke, was treated at the scene and released.

The driver of the truck, Leonard Odums, of Cutburt, Ga., was not injured.

The accident remains under investigation.

Brian Michael Glor, 43, of Church Street, Oakfield, is charged with DWI and refusal to take breath test. Glor was arrested following an investigation into a hit-and-run accident at 7:34 p.m., Monday, in the City of Batavia, by Deputy Michael Lute.

Steven R. Colombo, 28, of Ellicott Street, Batavia, is charged with criminal contempt, 2nd. Colombo allegedly violated a complete stay away order of protection. He was allegedly found hiding in the pantry of the protected party's residence.

Jimpce J. Etienne, 38, of Buell Street, Batavia, is charged with unnecessary noise. Etienne is accused of playing extremely loud and disturbing music at 11:30 a.m., Saturday.

Kayla D. Joiner, 22, of Schreck Avenue, Buffalo, was arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge. Joiner turned herself in and was jailed on $100 bail.

Thomas J. Mitchell, 25, of Batavia, was arrested on two warrants for alleged failure to appear. Mitchell was located and arrested and jailed on $1,500 bail.

Robin A. Pickering, 31, of Croop Road, Clarence Center, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, operation by an unlicensed driver and drinking alcohol in a motor vehicle. Pickering reportedly drove her car into a snowbank on Burke Drive, Batavia, at 4:36 a.m., Friday. The accident was investigated by Officer Matthew Wojtaszczyk.

James Rocco Soccio, 33, of Ross Street, Batavia, is charged with coercion, 2nd. Soccio reportedly went to the residence of a person scheduled to speak against Soccio in a Family Court proceeding. Soccio allegedly threatened to harm the person. 

Jacob J. Camerera, 23, of South Jackson Street, Batavia, is charged with criminal contempt, 1st, reckless endangerment, 2nd, and two counts of aggravated unlicensed operation, 2nd. Camerera allegedly drove a vehicle toward four other people in a reckless manner on Watson Street, Batavia, at 4:59 p..m., Feb. 15. One of the four people was covered by an order of protection.

A 17-year-old resident of Walnut Street, Batavia is charged with two counts of harassment, 2nd, and criminal mischief, 4th. The youth was arrested following an alleged incident at his residence at 11:30 a.m., Friday.

Kenneth L. Perkins, 51, of West Main Street, Corfu, is charged with criminal mischief, 4th. Perkins allegedly damaged the property of another person.

Heyward Clark Jr., 50, of Whitney Avenue, Niagara Falls, is charged with four counts of endangering the welfare of a child, driving while ability impaired by alcohol, following too closely, driving without a license, and child passenger in back seat not properly restrained. Heyward was stopped at 12:02 a.m. Saturday on Lewiston Road, Batavia, by Deputy Joseph Corona.

Jennifer P. Hepp, 32, of Varysburg, is charged with petit larceny. Hepp was arrested by State Police on Friday at a location on Veterans Memorial Drive. No further information released.

Philip D. Stahli, 34, of Lockport, is charged with unlawful possession of marijuana. Stahli was arrested by State Police in Pavilion on Saturday. No further details released.

Harry R. Silliman, 50, of Batavia, is charged with criminal mischief, 3rd, and harassment, 2nd. Silliman was arrested by State Police for an alleged incident at 9:45 p.m., Feb. 17. No further details released.