batavia

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.

Tylee Demetrius "Love" Gaines, 37, of Waverly Place, Rochester, is charged with criminal possession of a controlled substance with intent to sell, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, two counts of aggravated unlicensed operation, obstructed view and unlicensed operator. Gaines was stopped on Ross Street at 4:30 p.m. Thursday by Officer Chad Richards. Gaines was stopped for an alleged obstructed view. He was allegedly found driving on a suspended license. Patrols allegedly detected the odor of marijuana. Gaines was arrested and transported to Batavia PD headquarters where he was allegedly found in possession of marijuana and several small bags of crack cocaine. He was arraigned in City Court and jailed without bail.

Patrick D. Neaverth, 35, of Genesee Street, Buffalo, is charged with harassment, 2nd. Neaverth is accused of slapping a mobile phone out of a woman's hand and grabbing her by the arm and pulling her to the ground while at a residence on Kingsbury Avenue, Batavia, at 4 a.m. Monday. He was jailed on $250 bail.

Essence A. Williams, 18, of Dellinger Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a second-degree harassment charge. Williams was jailed on $100 bail.

Rochelle V. Tomlin, 39, of West Main Street, Batavia, is charged with obligation of a parent or guardian. Tomlin was charged under Batavia Municipal Code after her child was allegedly found loitering on Porter Avenue at 2 a.m., past curfew.

Jolene M. Chenault, 33, of Highland Park, Batavia, turned herself in on a warrant for alleged failure to appear on an aggravated unauthorized operation, 3rd, charge. Chenault posted $200 police bail.

Jillian L. Lafond, 37, of Tracy Avenue, Batavia, is charged with DWI, refusal to take breath test, open container and passing red light. Lafond was stopped in the area of 413 E. Main St., Batavia, at 9:56 p.m. Jan. 5 by Officer Chad Richards.

Joseph M. Furst, 55, of Richmond Avenue, Batavia, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia. Furst was allegedly found in possession of a hypodermic needle and a glassine envelope containing a controlled substance at 9:45 p.m. Thursday at a location on Richmond Avenue by Officer Christopher Lindsay.

Lance M. Mercado, 25, of Holland Avenue, Batavia, is charged with petit larceny. Mercado is accused of shoplifting at Tops on Dec. 17.

Ward E. Royse, 40, of Walnut Street, Batavia, is charged with petit larceny. Royse is accused of shoplifting at Tops on Thursday.

Robert Lee Williams Jr., 25, of West Main Street, Batavia, is charged with harassment, 2nd. Williams was arrested following an alleged altercation at 3:21 p.m. Thursday during a basketball game at the YMCA. Williams allegedly struck another male.

Tracey L. Brewer, 50, of McKinley Avenue, Batavia, is charged with obligation of parent or guardian. Brewer was charged under Batavia Municipal Code after her child was allegedly found loitering on Liberty Street after curfew at 12:12 a.m. Saturday while police were in the area investigating a reported disturbance.

Roger James Farney III, 33, of Clayton Street, Batavia, is charged with driving under combined influence of drugs and alcohol, following too closely, moving from lane unsafely and expired inspection. Farney was stopped at 1:05 p.m. Jan. 5 on Pearl Street, Batavia, by Officer Jason Davis. A witness reported an erratic driver in the area. Farney was jailed on $2,500 bail.

Tyler Doreen Price, 23, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear to complete community service. Price was arraigned and released on his own recognizance with instructions by Judge Robert C. Balbick to report to Genesee Justice for community service.

Jeremy L. Lonnen, 24, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to appear. No further details released.

Jennifer L. Allegue, 43, of Ross Street, Batavia, is charged with allowing child to violate city curfew. Allegue's child was allegedly found on Liberty Street after the 11 p.m. city curfew at 12:12 a.m. Saturday while police were investigating a reported disturbance in the area.

Steven Michael Dick, 24, of Ellicott Street, Batavia, was arrested on a warrant for alleged failure to appear on two previous traffic violations. Dick was arraigned in City Court, entered a guilty plea, paid a fine and was released.

Teresa L. Jackson, 25, of Walter Smith Road, Catskill, is charged with aggravated unlicensed operation, 2nd, uninspected motor vehicle, and inadequate tail lamps. Jackson was stopped at 1:41 a.m. Monday on Pearl Street, Batavia, by Officer Matthew Wojtaszczyk.

YMCA Waives half its joining fee to jump start your January! Are you ready to shed those extra holiday pounds? Looking for a fresh start in 2016? Has cabin fever already started setting in? Join the Y during our membership campaign and save! Between 1/11/16 and 1/31/16 we will waive HALF the joining fee on any membership category. Up to $37.50 in savings!

YMCA Membership entitles you and your loved ones the chance to become part of an organization that believes in and promotes active and healthy lifestyles, progressive skill development, fair play, family, and character development. The YMCA is not just another gym. When you join the Y, you join a family and what’s more you join a place where people are looking for changes to their overall health. The Genesee County YMCA offers a wide array of programs and services to meet the interests and needs of the entire family from memberships for youth, college students, families and seniors. From swimming lessons and sports, to childcare and summer camping, there is truly something for everyone at the Genesee County YMCA. 

If you feel like you cannot afford a YMCA membership, it is the policy of the YMCA that no one is turned away due to an inability to pay. Financial assistance for membership and programs is available through the annual Strong Communities Campaign. The application process is easy and confidential. Please call or visit our member service desk to obtain an application. For more information on membership or programs offered at the Genesee County YMCA, please call (585)344­-1664 or log on to our Web site at www.glowymca.org. 

David Lavalle Andrews , 28, of State Street, Batavia, was arrested at 1 p.m. on Jan. 14 after allegedly failing to appear in Town of Batavia Court nearly two years ago after being released on bail. Andrews allegedly failed to turn himself in within 30 of a court appearance scheduled on Feb. 27, 2014. He is charged with third-degree bail jumping and is now in Genesee County jail. He was to appear in Batavia Town Court today. The case was handled by Deputy Thomas Sanfratello, assisted by Deputy Patrick Reeves.

Edward Jordan White, 20, of Michigan Street, Lockport, is charged with second-degree bail jumping. He was arrested at 9 a.m. on Jan. 12 and put in Genesee County Jail for allegedly failing to appear in County Court on April 7, 2015, for a felony proceeding and then not turning himself in within 30 days of the court date. The case was handled by Deputy Thomas Sanfratello.

Dennis Wayne Narvaez, 34, of Bank Street Road, Elba, is charged with speeding (77 in a 55-mph zone), refusal to take breath test, driving while ability impaired by alcohol (DWAI), and aggravated unlicensed operation, 3rd. Narvaez was arrested at 1:09 a.m. on Jan. 9 on Clinton Street Road in Stafford following a traffic stop. The case was handled by Deputy Kevin Forsyth, assisted by Deputy Howard Carlson.

A 16-year-old who lives on Porter Avenue in Batavia was arrested at 4:30 p.m. on Jan. 10 and charged with petit larceny. The arrest was made following a complaint of shoplifting at Kohl's. A 14-year-old accomplice was also allegedly involved. The defendant was released with an appearance ticket. The case was handled by Deputy Matthew Fleming.

A car has hit a utility pole on Liberty Street. 

The street is unpassable because of a possible power line down in the roadway.

City fire is responding.

Also, unrelated, a low-hanging wire, unknown type, is reported on Batavia Elba Townline Road between State Street Road and Norton Road. Town of Batavia fire is responding.

UPDATE 4:33 p.m.: A car did NOT hit a utility pole on Liberty Street. A car snagged a utility line, either phone or data. Firefighters cut the line and are back in service.

UPDATE 5 p.m.: Pembroke and Indian Falls are dispatched to Remsen Road, between Akron Road and Knapp Road, for low hanging wires. Unknown type of wires.

UPDATE 5:07 p.m.: It's a Time Warner line reports a chief. It will be cut. All units to remain in quarters.