batavia

Jorge Alberto Rojas Cazares, 16, of Gully Road, Le Roy, is charged with illegal entry. Cazares came to the attention of the Sheriff's Office while Deputy Joseph Graff investigated the complaint of a person receiving unwanted text messages. The youth was turned over to the U.S. Border Patrol.

Mark H. Poole, 44, of 104 Oak St., Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Poole is accused of being in a physical altercation with a person under 17 years old. Poole was jailed on $750 bail.

Somebody has built a large snow fort on Ellicott Street, in the city, in front of St. Joe's Cemetery. It looks like the developer used one of the city's blue recycling buckets to pack snow in and then piled the blocks on top of each other.

Three residents of the West End Trailer Park are accused of beating another resident with a metal baseball bat causing injuries serious enough to send the victim to the hospital.

The three suspects turned themselves in Jan. 22 and were each charged with assault, 2nd.

The alleged beating occurred Dec. 16 at the trailer park, 4016 W. Main St. Road, Batavia.

Charged were Anthony J. Loverdi, 41, Paul A. Loverdi, 42 and Steven L. Maltese, 41.

Anthony Loverdi and Maltese were jailed on $2,000 bail and bail was set at $10,000 for Paul Loverdi.

As many as five individuals, and possibly more, were involved in the altercation, according to the Sheriff's Office.

The victim suffered facial and back injuries.

The investigation was conducted by Deputy Brad Mazur with assistance from Investigator Timothy Weis, Deputy Tim Wescott, Deputy Cory Mower and Deputy Chris Parker.

A pickup truck is on fire at 610 Ellicott Street, at the intersection with Buell Street. The truck has a full tank of gasoline in it and is fully in flames. The driver is out.

Ellicott Street at Harvester Avenue is being shut down to traffic.

Batavia City Fire Department and police are on scene.

UPDATE 1:02 p.m.: Semi-trucks are backing up on Route 63. Some traffic is being routed down Harvester. A tow truck has been called.

UPDATE 1:28 p.m. (by Howard): The truck was being driven by Fred Haslip. He said, "It just started to smoke. The cab started to fill up and we just pulled over and jumped out as fast as we could. There was a lot of smoke, but nothing under the hood. Then all of the sudden, it just burst into flames." Haslip said both he and his wife got out of the truck safely. Ellicott Street is now clear.

The anticipated storm didn't deliver as much snow as expected, but still enough that Batavia residents were out this morning clearing three or four inches of heavy snow from their driveways and walks.

Above, Bob Terry clears snow from his driveway on Osterhout Avenue.

If Steve Hyde said it once, he said it at least a half-dozen times Tuesday during a public hearing on providing tax incentives for a proposed Holiday Inn Express in Batavia: The Genesee County Economic Development Center wants the input of other hotel owners on the potential economic impact of the proposed project.

"We are most interested in your views on what’s going on in the marketplace so we can share that with the board and they can give it thoughtful consideration," said Hyde, CEO of the GCEDC, near the end of a sometimes slightly contentious public hearing.

About a dozen local hotel operators attended the 4 p.m. meeting.

Typicall at such hearings, members of the public speak, officials listen with little or no response and the meeting ends. But Hyde repeatedly engaged speakers, either with questions or by challenging them to deliver more facts.

"If you have additional facts from validated sources that can justify your position, you should present that to us," Hyde said. "We hear you loud and clear but we need you  to provide us with verified facts."

The meeting opened with Mark Masse, VP of operations for GCEDC, presenting an overview of the proposed project and the proposed tax incentives the GCEDC can help deliver.

The developer is Michael Patel and an investment group, Chase Hotel Group, which operates in four states and eight markets. Previously, Patel owned and developed Comfort Inn in Batavia and he currently owns Hampton Inn in Batavia.

The proposed hotel would have 80 rooms and cost $3.5 million to develop.

When completed, the hotel will employ 19 full-time equivalent staff members.

Under the tax abatement proposal, Patel and Chase Hotel Group would receive $112,000 in sales tax exemption, a mortgage tax exemption of $37,500 and a property tax abatement over 10 years of $400,136.

These are taxes, according to Masse, that won't be generated if the project isn't built. 

There will be no tax reduction -- meaning no abatement of existing taxes -- for existing tax liabilities on the property.

If the project is built, it should generate more than $800,000 in sales tax over 10 years and $38,700 over 10 years in fire district fees.

The total economic benefit to the community over 10 years is estimated at more than $8.5 million.

Local hotel owners took issue with these numbers saying the figures don't account for lost business, not to mention the potential closure, of existing hotels.

"You say after the Hampton Inn opened there was an occupancy increase," said Chan Patel, owner of the Clarion Inn on Park Road (formerly the Holiday Inn). "I can prove to you that over the next two years, my occupancy went down by 10 percent."

The operators who spoke said they've all seen occupancy rates drop as new hotels have come into the market and they don't see how a market with a 48-percent occupancy rate in market with 1,000 rooms will benefit by adding 80 more rooms.

Jayesh Patel, owner of Travel Lodge, Batavia, argued, as did other hotel owners, that more rooms will mean that all of the hotels will wind up charging lower rates. The Holiday Inn Express, he said, with the benefit of tax breaks, would then have an advantage over established hotel owners who are paying all of their taxes.

"If the developer has faith in the market then they should spend money out of their own pockets rather than out of taxpayer pockets," Jayesh Patel said.

Rashi Dev, owner of the Comfort Inn, said if Michael Patel believes there is such a need for more hotel rooms in Batavia, why is he charging rates at his other property, the Hampton Inn, that are as low or lower than similarly priced hotels in the area.

"The Hampton Inn should have rates $5 or $10 (per night) higher than us," Dev said. "If he's so confident in the market, why does he need to decrease his rate?"

There were no GCEDC board members present at the meeting. GCEDC staff will present the feedback from the public hearing to the board prior to the board voting on the proposal at its March 3 meeting.

Hyde said any factual information hotel owners can provide at least two weeks prior to the March 3 meeting will also be presented to the board and that hotel owners will be given a chance to speak at the March 3 meeting.

Today, Town of Batavia also announced a public hearing on the project with the town's planning board at 7:30 p.m., Feb. 15.

Top photo: Steve Hyde; inset, Chan Patel; bottom, Mark Masse opening the meeting.

This information is from city Director of Public Works Sally Kuzon.

The City of Batavia has begun the preliminary design for a project to reconstruct the entire length of Cedar Street. This is a locally administered federal-aid project that is scheduled for construction in 2013.

Design development is now under way. During this phase, comment and input from affected residents and businesses are valuable and required elements necessary for achieving a successful project.

The first public informational meeting is this Thursday, Feb. 3, in the Council Board Room (2nd floor) at Batavia City Hall. People are invited to voice concerns and ask questions. City staff and representatives from the consulting engineering firm, Erdman Anthony, will be there.

The meeting will be divided into two parts, with a session for business owners and representatives from 3 to 5 p.m. and another for residents and residential property representatives from 5 to 7 p.m. But if you are unable to attend during these designated times, please feel free to join the meeting anytime between 3 and 7 p.m.

Erdman Anthony, which was retained by the city this past October, has completed survey and mapping for the project and is beginning engineering studies.

When building the Upstate Medtech Center, the GCEDC should have ensured prevailing wage was paid to construction workers, according to a state Department of Labor (DOL) letter issued in November.

The letter came to light following an Authorities Budget Office report critical of GCEDC's staff compensation practices.

It was written by John D. Charles, associate attorney for the DOL, and issued in response to an unnamed person who asked that the department look into the matter. It concludes that the department's opinion was based solely on the material provided by that person and should not be relied on as a final answer.

Ask for a response to the DOL letter, GCEDC CEO Steve Hyde issued the following statement:

"While the LDC (Genesee Gateway Local Development Corp.) wholly disagrees with the Department of Labor's initial conclusions, we are actively working with them to ensure that they have all of the facts and circumstances of the Medtech project. A final determination has not been made by DOL with respect to the issues and questions raised."

Longtime local contractor Vito Gautieri is known to be concerned about how the bid for construction of the Medtech Center was awarded. It ultimately went to Batavia-based D.A. Tufts Co.

In an interview last week, when asked if the letter from Charles was addressed to him, Gautieri said, "No comment."

He then went on to complain about GCEDC forming a nonprofit corporation -- Genesee Gateway Local Development Corp. (GGLDC) -- as owner and agency developing the project. He said if that's how government agencies are going to operate on construction projects, then "we might as well pull up our shingles and move out of town."

At issue is compliance with New York's prevailing wage laws, which require employees on public works projects to be paid an hourly rate based on a prevailing wage schedule set by the state.

The DOL letter says that according to information given to the agency, the GGLDC's Medtech project does not meet the standards for waiving prevailing wage.

It says that because the project was at first initiated by a public agency (GCEDC wholly owns the GGLDC and is the project's actual owner), it is not just a temporary title holder.  In addition, it is not acting "merely as a mechanism to facilitate financing." If it were just a temporary titleholder and holding title merely to facilitate financing, according to the letter, perhaps paying prevailing wage would not be required.

There will be a public hearing at 4 p.m., Tuesday, in Batavia's Town Hall, 3833 W. Main St. Road, on a proposal to provide tax subsidies for the construction of a Holiday Inn Express on the north side of the Thruway.

The hearing is being conducted by the Genesee County Economic Development Center.

The public is invited to attend and provide feedback on the proposal.

GCEDC did not have information to release to the media today in advance of the meeting on exactly what is being proposed.

In response for a request for more information, Media and Marketing Manager Rachael Millspaugh wrote in an e-mail: "There is no additional preliminary information on the project except what was discussed at the December 2010 board meeting. We will have a project summary available at the public hearing. The GCEDC Board will be reviewing and acting on the request at this Thursday's regularly scheduled meeting."

A two-car accident with minor injuries is reported at Vine and Bank Street in the City of Batavia.

Batavia Fire Department and a Mercy ambulance are responding.

Walter Lyle Knickerbocker, 53, of South Street Road, Le Roy, is charged with petit larceny. Knickerbocker is accused of stealing road salt from the DOT salt barn on routes 19 and 20, Pavilion. The alleged theft(s) occurred on and before Jan. 19.

Aaron D. Swimline, 24, of Main Road, Corfu, is charged with a felony count of DWI, a felony count of aggravated DWI (driving with a BAC of .18 or greater), unlawful possession of marijuana, speed not reasonable nor prudent, moving from lane unsafely. Swimline was reportedly involved in a one-car accident at 12:59 a.m., Saturday in the area of 2553 Main Road, Corfu. The accident was investigated by Deputy Howard Carlson.

LaToya Tamika Vialva, 19, of Liberty Street, Batavia, is charged with trespass. Vialva is accused of being on College Village property after being banned from the property.

One person suffered a minor injury Saturday after a car pulling out of a business on Ellicott Street Road reportedly struck her car as she tried to avoid it.

William B. Heany, 74, of East Main Street, Batavia, told a Sheriff's Deputy that he didn't see the headlights of a car driven by Victoria Lee Wood, 40, of Pavilion Center Road, Pavilion, as he pulled from the parking lot of 4818 Ellicott Street Road, Batavia.

The accident occurred at 8:27 p.m.

Lee, who said her headlights were on, was transported by ambulance to UMMC.

No citations are listed on the accident report.

The accident was investigated by Deputy Patrick Reeves.

From Detective Richard Schauf:

The Batavia Police Department thanks the public for assistance in finding a 15-year-old runaway.

Nathaniel Davis was located on Thursday afternoon in the City of Batavia.

A Level 3 sex offender accused of committing similar offenses within months of his release from custody entered not guilty pleas in Genesee County Court today to the four counts against him.

Ronald A. Smith, 18, of 679 E. Main St., is charged with failure to register a change of address and three counts of sexual abuses, 1st.

Smith was allegedly living on Thorpe Street when he allegedly sexually abused at least one child. When he moved from Thorpe, he allegedly did not notify police of his correct address.

Smith is being held on $25,000 bail.

Public Defender Jerry Ader will have 45 days to prepare and make motions in the case.

Paul Douglas Marquardt, 38, of Chick Road, Darien, charged with 39 counts of criminal contempt, 2nd. Marquardt is accused of having contact with a person he was barred by court order from contacting. He was jailed on $10,000 bail.

Michael Jason Sullivan, 39, of Hosmer Road, Churchville, is charged with petit larceny. Sullivan was stopped by Gates Police, who discovered there was an active warrant for Sullivan's arrest in Genesee County. Sullivan is accused of stealing scrap metal from Demo's, Clinton Street Road, Bergen.

Matthew Roy Ace, 24, of Vine Street, Batavia, is charged with aggravated unlicensed operation, 3rd. Ace was taken into custody by Batavia Police on a bench warrant and turned over to the Sheriff's Office. Ace was jailed on $100 bail.

John Parrinello, the Monroe County attorney who was kicked out of a basketball game at Genesee Community College on Dec. 12, was back at the scene of the alleged crime Thursday night.

Parrinello who reportedly has a long history of supporting women's basketball at Monroe Community College, and who has a son who now coaches the team, was in the stands just prior to the start of a game between MCC and GCC.

A school official said until Parrinello is allowed on campus pending the outcome of the legal case that led to his arrest.

The MCC district trustee was originally charged with criminal trespass, 3rd, for allegedly refusing to leave the gym after reportedly mouthing off to a ref during an MCC game. 

The charges against Parrinello were reduced this week to a violation of trespass and two counts of disorderly conduct.

After his appearance in Batavia Town Court where he entered a not guilty plea, Parrinello said, "I'm presumed to be innocent. They have to prove me guilty beyond a reasonable doubt, which they'll never do."

For previous coverage, click here.

A plan to open a teen nightclub on East Main Street, Batavia, has hit a snag.

Tim Walton and Mike Marchese Jr., who planned to partner on Impulz Teen Nightclub, discovered through the planning process that their selection location requires a sprinkler system for the planned use.

The building is 7,350 sq. ft. and because the maximum capacity for the building is more than 100 persons, code requires a sprinkler system.

Not just any plumber can install it, said Walton. The cost could top $50,000.

"Right now we got a price and it's looking like it's gonna cost an additional $50,000," Walton said.

The partners are going to look into getting a price for a dry sprinkler system and see what the pricing and regulations would be on that.

"If the price can't drop any lower, then I would have to go back and refigure some numbers. Those numbers would have us into this well over $100,000 and I would have to be sure it would workout."

Walton and Marchese aren't ruling out opening the club, even at the original planned location at 624 E. Main St., but feel that current circumstances will make it difficult.

"If it's meant to happen it will play out." Walton said. "If not, then there will be other opportunities."

Police, Fire and Mercy EMS are on scene of a two-car accident at the corner of Main and Bank streets, downtown Batavia.

Traffic is backing up in the westbound lanes of Main Street.

A Batavia resident was arrested on a drug-trafficking warrant following a traffic stop on Washington Avenue on Tuesday by members of the Local Drug Enforcement Task Force.

He is accused of selling cocaine in and around the City of Batavia.

Charged with four felonies in a sealed indictment is Jeffery A. Hewitt, 32, of State Street.

He is accused of selling drugs to an agent of the task force.

Hewitt is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Hewitt was jailed without bail pending arraignment in Genesee County Court.

Justin Amend, who admitted to public lewdness for engaging in a sexual act in Farrall Park with Suzanne Corona, appeared in City Court this morning.

The 29-year-old former Oakfield resident had been a fugitive from justice after he failed to appear for sentencing in November. He turned himself in this week.

Upon appearing before Judge Robert Balbick this morning, Amend's attorney, Tom Williams, requested permission to apply to the Sheriff's Office for a weekend work-release program. 

Spots are limited in the program and there is no guarantee Amend will be accepted.

Balbick also said given Amend's decision to move out of the area, any prior sentencing agreement no longer applies.

"At this point he stands before me having entered a guilty plea to public lewdness, a Class B misdemeanor," Balbick told Williams. "I have complete authority to sentence him within full perimeters of the law."

Amend could face up to 90 days in jail.

Sentencing is scheduled for next Wednesday.