batavia

The City of Batavia is wired. Wired for high-speed broadband, that is. 

Empire Access can now deliver download speeds of 100 megabits to more than 95 percent of the properties in the city. There are only about 40 or 50 households that would be hard to reach, but once a couple of access hurdles are cleared, Empire will be able to service those customers as well.

"We're very pleased with the response we've received," said Jim Baase, president of Empire. "Even without video, we've sold a lot of internet-only packages. We're ahead of plan of where we thought we would be and video will only help with more penetration."

While broadband and telephone service is licensed through the state and requires no local approvals to provide service, federal law requires cable TV providers to sign franchise agreements with local municipalities.

Empire has been in negotiations with the City of Batavia for a franchise agreement for at least six months. Councilman John Deleo has raised the issue at two consecutive City Council meetings and City Manger Jason Molino hasn't wanted to comment further in public than "we're in negotiations."

Empire already has franchise agreements with 35 other municipalities in New York.

"Typically, it takes a couple of months to get through negotiations," Baase said. "It's taking a little longer with the City of Batavia. There are still a few outstanding issues that the city is requiring us to agree to. We haven't resolved those issues yet. We're hopeful in the next few weeks those issues will get resolved."

For residential customers wanting affordable, high-speed broadband now, the installation process typically takes about two weeks.

The photos with this story are of an Empire crew doing a line drop on a residential street in Batavia and at a Downtown location.

Once a customer signs up for the service, an outside crew drops a line to the location and tests it. An inside crew comes later, at an appointed time with the customer, to finish the install inside the residence.

The installation make take a little longer with apartment complexes serviced by underground utilities.

Empire is also working on expanding service beyond the City of Batavia. The company is working with Town of Batavia officials now to start stretching beyond the city's borders and engineers are drawing up plans for providing service in Le Roy.

The company hopes to start building the network in Le Roy by the fourth quarter of this year.

As for reaching more rural parts of the county, Baase said the company is looking for municipal partners in that process and is in fact talking with Town of Batavia officials along those lines.

With such partners, it might make it possible to tap into the $500 million in seed money Gov. Andrew Cuomo has proposed for expansion broadband in rural New York.

They're also looking for more partners like the Town of Big Flats, in Chemung County, where officials didn't want to wait around for grant money, so the town helped Empire secure a low-interest loan to build out the network.

"There are limited resources and we can't build everywhere at once," Baase said. "We're in the Town of Big Flats because they reached out to us. We're looking for more partnerships like that."

Photos: The work crew handling the outside installation work yesterday was Rick Burke, Kasey Wetmore, Don Todd, Joe Kirchner and Roy Faulkner. Pictured are Burke, in the cherry picker, and Wetmore, seen in the fourth photo splicing together a line from the outside of a house to the inside wire.

Press release:

The City of Batavia Water Department will be making a repair on the water system Thursday April 30th on Pearl Street near Roosevelt Avenue. Low water pressure or water service interruption may occur on Pearl Street in the area of Dewey Avenue to Brooklyn Avenue and possibly some adjacent areas while repairs are completed. There may also be a period of water discoloration in the immediate area as a result. Traffic patterns are expected to be maintained, but will be slow near the repair area.

A one-car accident with injuries is reported at 8249 Bank Street Road, between the city line and Stephen R. Hawley Drive. A passerby told dispatch she approached the vehicle, which is off the roadway on the west shoulder into the grass, and the driver was slumped over the wheel, unresponsive. Town of Batavia Fire Department and Mercy medics are en route. The patient is subsequently said to be semi-responsive and having chest pains. Mercy Flight's availability is being checked.

UPDATE 7:52 p.m.: Mercy medics just arrived at UMMC with the patient.

Ann Rita Pokornowski, 54, of Ellicott Street, Batavia, is charged with petit larceny. Pokornowski is accused of stealing a pair of boots from her boyfriend's house on Bennett Avenue, Oakfield.

Sade Henderson, 20, of New York City, is charged with petit larceny. Henderson is accused of stealing an Internet router from a dorm room at College Village. 

Danielle G. Bryant, 41, of Stewart Road, Pavilion, is charged with criminal contempt, 2nd. Bryant is accused of violating an order of protection in Le Roy.

The upgraded softball field at Batavia High School will be dedicated Friday to honor Ed Anderson, a former coach and teacher with the school district.

Anderson taught sixth grade from 1965 until his retirement in 1998. He was the first varsity girls softball and girls soccer coach for the Blue Devils.

"He was known as an excellent teacher and is most famous for his annual weeklong sixth-grade camping trips to Allegheny State Park that he led for 30 years, said Sue Medley, who has been helping organize the dedication ceremony, which starts at 3:30 p.m., Friday, rain or shine.

Anderson coached junior high bowling from 1977 to 1987, softball from 1979 to 1998, soccer from 1978 to 1998 and girls basketball from 1988 to 1991.

The girls won their first sectional title in softball in 1982.

"Coach Ed Anderson left his mark on generations of Batavia Middle and High School students while serving the Batavia City School system for more than 30 years. He was a role model to all," said Athletic Director Mike Bromley. "He was a source of support and an example of calmness, determination and generosity for the athletes he coached. He fought tirelessly for equality and opportunity in girls’ sports."

While school officials had recognized the need to upgrade the softball facilities, it was only after a group of players and their parents filed a Title IX lawsuit demanding facilities more on par with what the boys baseball team enjoys by playing its games at Dwyer Stadium that a settlement was reached. That led to new bleachers, dugouts, infield, outfield fence, scoreboard and batting cage.

The team is scheduled to play Greece Arcadia at 4:30 p.m. Following the game there will be a celebration reception in the high school's atrium at 6:30 p.m.

The dedication committee is still seeking financial support. The committee has currently raised $3,400 with a goal of $10,000. Funds will be used for field signage, a permanent memorial, dedication ceremony and contribution to the Ed Anderson Outdoor Education Campership Fund on behalf of the community. To contribute, visit http://www.gofundme.com/coachedanderson.

To whatever degree some council members were skeptical of a proposal to create a tax exemption to encourage investment by home buyers into vacant and abandoned houses, that skepticism is gone with the change of the season.

The Batavia City Council voted unanimously to move forward with the process to create the exemption. 

That process requires the council to pass a resolution, which it did, asking the Legislature to create a bill and generate a bill number amending the city's local law to create the exemption.

Once that's done, the city can give final approval to the exemption.

The exemption would apply to any single-family home that has been abandoned and vacant for at least three years and a would-be owner-occupant is planning on investing money on restoration.

The targeted home is one where the cost of rehabilitation exceeds the value of the home.

Typically, a home requiring less repair wouldn't yield much in the way of an increase in assessed value, making the proposed exemption of little value.

The exemption only applies to the portion of the property tax generated by an increase in assessed value as a result of improvements to the property.

There are a number -- though the exact number is unknown -- of vacant and abandoned homes in the city that can be salvaged before they completely deteriorate.

City officials have made the point several times that vacant and abandoned properties bring down neighboring property values and are a potential blight on the city.

In a report to Council, City Manager Jason Molino said vacant and abandoned properties are costing the city at least $25,000 in unpaid taxes per property, $11,300 in unpaid fees and fines and more than $500,000 in lost local buying power.  

The assessed value of the properties continues to fall while they sit dormant.

The proposed exemption is just one prong in the city's strategy to deal with vacant and abandoned properties. City officials are also trying to inventory all the properties and use code enforcement to get banks, mortgage and/or title holders to deal effectively with the properties or get them on the market.

Creating incentives for potential home buyers to invest in such properties will help spur banks into putting the homes up for sale, it's hoped.

Two previous objections raised by council members were addressed in Molino's report.

First, if the property owner is eligible for more than one exemption, the property owner will receive only one exemption and that will be the one most financially favorable to the property owner.

Second, on the objection that the proposed exemption creates an unfair disparity in benefits, there is already a tax-exemption program in place for property owners who wish to remodel their existing properties. The council approved the exemption in 2010 and it applies to all 3,611 single-family homes and 712 double-family homes in the city. It provides an exemption on the increase in assessed value for remodeling projects with greater than a $3,000 investment.  

So far, four property owners have entered the program with an average investment of $33,000 and resulting increase in assessed value of $22,225.

Councilman Eugene Jankowski said he received a number of favorable comments from constituents about the proposed exemption.

"People say we're on the right track," Jankowski said.

After 21 years of service to the citizens of the City of Batavia, Captain Mark Mikolajczyk was honored by the City Council on Monday evening with a proclamation presented by Councilman Kris Doeringer. 

A transformer on a primary power pole is confirmed on fire at 5263 Clinton Street Road. Town of Batavia Fire Department is responding. National Grid is notified. A caller reported flames "like a flamethrower" shooting from the pole.

Jordan Fluker, Mr. Batavia 2015, presented a check today to Genesee Cancer Assistance for $3,055, which is the proceeds from this year's Mr. Batavia event at Batavia High School. Pictured with Fluker are Joe Gerace and Patricia Arnold.

Photo submitted by Lisa Robinson.

An Oakfield man has been accused of impeding firefighters who responded to a report of smoke in a residential trailer on Overlook Drive on Sunday.

Jeffrey M. Johnson, 27, is charged with obstructing firefighter operations.

Town of Batavia Fire responded to the call at 5:20 a.m., Sunday.

Johnson was said to be uncooperative and allegedly refused firefighters entry into the trailer, which firefighters said was filled with significant smoke.

State Police were summoned and Johnson was taken into custody and jailed on $250 bail.

It was determined the smoke was the result of food left on an unattended stove.

NOTE: Johnson's arrest was reported in this morning's Law and Order, but we received additional information this afternoon.

This video of a three-vehicle accident last Tuesday on the Thruway going through Batavia already has more than 230,000 views and has drawn more than 400 comments.

The driver of the Camaro was charged with DWI.

Kiran Thapa, 32, of Columbus, Ohio, was allegedly driving with a BAC of .19. He was also charged with aggravated unlicensed operation, 1st, a Class E felony.  

Thapa was arraigned in Town of Batavia Court and jailed on $2,500 bail or $5,000 bond.

A spokesman for Troop T had no further information available on the accident at this time.

Dakota R.L. White, 16, of South Lake Street, Bergen, is charged with criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 7th. White is accused of possessing and selling a controlled substance at Byron-Bergen High School. White was arraigned and released under supervision of Genesee Justice.

A 17-year-old resident of York Road, Pavilion, is charged with petit larceny. The youth is accused of stealing an item from Pavilion High School.

Amer Jusufbasic, 37, of Mohawk Street, Utica, is charged with possession of more than 400 untaxed cigarettes, aggravated unlicensed operator, 2nd, unlicensed operator, driver's view obstructed and driving without an interlock device. Jusufbasic was stopped at 12:48 p.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. Jusufbasic was allegedly in possession of 2,600 untaxed cigarettes. He was jailed on $1,500 bail or $5,000 bond.

Christine Amnita Soler, 37, of Phelps Road, Pembroke, is charged with driving while ability impaired by drugs, aggravated unlicensed operator, 3rd, improper left turn, unlawful possession of marijuana and unlicensed operator. Soler was stopped at 10:16 a.m. Friday on Phelps Road, Pembroke, by Deputy Patrick Reeves.

Christopher Allen Sewar, 28, of Maple Street, Batavia, is charged with petit larceny. Sewer is accused of stealing merchandise valued at $10 from Walmart.

Todd Vincent Amico, 51, of Burritt Road, Hilton, is charged with possession of 400 untaxed cigarettes. Amico was a passenger in a vehicle stopped at 10:08 a.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves. Amico was allegedly in possession of 2,300 untaxed cigarettes.

Jerell J. Jones Sr., 26, of East Main Street, Batavia, is charged with disorderly conduct, resisting arrest and obstructing governmental administration. Jones was allegedly involved in two verbal arguments that required police intervention to prevent two separate physical confrontations. Jones was jailed on $2,500 bail or $5,000 bond.

Joshua H. Currier, 30 of Batavia, is charged with DWI. Currier was stopped by State Police on the Thruway in Henrietta on Thursday. He allegedly had a BAC of .12. 

Crystal L. Wojtkowiak, 19, of Attica, is charged with obstructing governmental administration and reporting false information regarding an incident. Wojtkowiak was arrested by State Police in regards to an unspecified incident in Alexander.

Laquasia M. Orr, 19, of Bronx, is charged with identity theft, 3rd. Orr was arrested by State Police in relation to an unspecified incident Saturday.

Jeffrey M. Johnson, 27, of Batavia, is charged with obstructing firefighting operations. Johnson was arrested by State Police for an alleged incident reported at 5:20 a.m. Sunday at 26 Overlook Drive, Batavia. No further details released.

Total Tan, with a location in Batavia, is the target of a false advertising lawsuit filed by the office of Attorney General Eric T. Schneiderman.

The Williamsville-based company has 26 outlets, including 15 in Western New York.

Schneiderman's suit accuses Total Tan of making false advertising claims by denying or minimizing scientific evidence linking tanning to an increased cancer risk; promoting indoor tanning as a safe way to reap the benefits of vitamin D and other purported health benefits; and asserting the safety of indoor tanning compared to tanning outdoors. 

“Make no mistake about it: There is nothing safe about indoor tanning. The use of ultraviolet devices increases exposure to cancer-causing radiation and puts millions of Americans in serious danger – young adults, in particular,” Schneiderman said. “Irresponsible businesses that seek to rake in profits by misleading the public about the safety of their services will be held accountable by my office. Advertising and marketing cannot be used as a tool to confuse and endanger New York consumers.”

The Buffalo News obtained a statement from Total Tan owners Cynthia and Keith Leonard through their attorneys at Harris Beach.

“The Attorney General’s claim that Total Tan produced misleading advertising is not true,” the Leonards said. “We are a small, upstate, family-owned business that refuses to be intimidated by Mr. Schneiderman, who is trying to impose his own view of the world on our industry and the citizens of upstate New York."

The suit also names another group of tanning salons, Portofino Spas.

Of Total Tan, the AG's office says the company made the following allegedly false statements in market material, including social media:

• A testimonial from “cancer survivor Kurt Hollis” where he asserted to have treated his kidney cancer by tanning at Total Tan.
• “Tanning Fact! A Tanning unit can produce as much Vitamin D as drinking 100 glasses of milk! Wow!!!”
• Claims that vitamin D from indoor tanning will assist in either treatment or prevention of an array of serious diseases including cancer, heart disease, asthma, high blood pressure, diabetes, and blood clots.

Read the full press release here.

Kelly Rapone's daughter is worried sick about the whereabouts of her kitten, who has no experience as an outdoor cat. Tully is missing in the Bennett Heights area of Batavia. Tully is very friendly, but doesn't have a collar on. Tully "walks funny" because of a cerebral disorder. If you've seen Tully, can locate Tully or have Tully, call (585) 727-4737.

As firefighters finished extinguishing a fire that started in a back room on the second floor of the home at 122 State St., Adrian's biggest worry was for the safety of his cat, Prince Charming.

So named because he was the lone kitten born to his mother. He's a special cat.

Adrian's mother, Carla Laird, stood at the threshold of their house and called. She had managed to get the family's two dogs and another cat out once she became aware of the fire, but Prince had jumped from her arms and hid under the couch and wasn't coming out. 

Two firefighters were dispatched to try and find Prince Charming and minutes later they emerged with him in a cat carrier.

There were hugs all around, including from Adrian's uncle, Chris (top photo).

No people were hurt, no animals were lost in the fire of still undetermined origin. Carla and Adrian were getting ready to leave the house when the fire started. Carla's daughter was not home at the time.

The house was damaged enough that the Red Cross has been called to assist the family and their pets.

For more on the fire, read our initial report.

A house fire is reported at 122 State St., upper apartment. City of Batavia Fire Department is responding.

UPDATE 1:53 p.m.: "There's a possibility of a person trapped inside the apartment," says a dispatcher. "We have an open (phone) line and can hear a person still inside." Heavy smoke is showing and flames are shouting out of the rear window, says a firefighter on scene.

UPDATE 1:55 p.m.: City command reports everyone is out of the structure, then calls for a second alarm.

UPDATE 1:58 p.m.: Darien, Alexander Fast Team, and all available city fire manpower called in. Town of Batavia fire is to stage in its quarters.

UPDATE 2:02 p.m.: Command reports fire knocked down. Darien's response is cancelled. Alexander is continuing to the scene. National Grid has been notified. Mercy medics are on scene in case needed.

UPDATE 2:29 p.m.: The American Red Cross will be contacted to respond to the scene.

GCC hosted its 34th Annual Fashion Show Saturday. These photos are from the 3 p.m. show.

To purchase prints, click here

Sunrise this morning taken on the property known as Gateway II off Route 98, Batavia.