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February 24, 2015 - 3:03pm
posted by Howard B. Owens in batavia, crime.

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.

February 24, 2015 - 1:16pm
posted by Howard B. Owens in batavia, Habitat for Humanity.

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:

Address Type Delinquency Value
214 Ellicott St. Commercial $13,396 $70,000
Ellicott Street, rear Vacant land $2,923 $31,000
Hall, City Centre Commercial $1,146 $10,000
30 Hutchins Place Vacant land $2,458 $3,600
26-28 Hutchins Place Vacant land $17,421 $35,000
South Main St. Vacant land $88 $100
159 Bank St. Single family $22,017 $72,000
33 Clinton St. Single family $37,630 $79,000
42 Lyon St. Single family $24,479 $69,000
27 Oak St. Single family $31,817 $60,000
210 Ross St. Single family $32,532 $68,000
214 Swan St. Two family $32,532 $68,000
141 Liberty St. Vacant land $9,325 $6,800

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.

February 24, 2015 - 12:42pm
posted by Howard B. Owens in batavia, business, city centre, mall merchants association.

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.

February 24, 2015 - 12:26pm
posted by Howard B. Owens in batavia, business.

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.

February 24, 2015 - 11:13am
posted by Howard B. Owens in batavia, City Budget.

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.

February 23, 2015 - 3:01pm
posted by Billie Owens in batavia, HomeCare & Hospice.

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 [email protected], or visit www.homecare-hospice.org for more information.

February 23, 2015 - 1:12pm
posted by Howard B. Owens in batavia, accident, pembroke, Bethany, corfu.

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.

February 23, 2015 - 12:56pm
posted by Howard B. Owens in batavia, crime, Oakfield, Pavilion, corfu.

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.

February 23, 2015 - 9:18am
posted by Howard B. Owens in batavia.

I went out Ellicott Street Road to the new road heading into the ag park with a picture idea in mind. 

This isn't the picture, but I liked it better than my original idea.

Below, a snowman I spotted in front of a house on Ellicott Street Road.

February 22, 2015 - 5:32pm
posted by Billie Owens in batavia, accidents.

Mercy medics are evaluating a man struck by a car on Elm Street near the 7-11 on the corner of East Main Street, Batavia. He is complaining of side injuries. The vehicle that struck him is no longer on scene. But whether this was a hit-and-run is not clear.

February 20, 2015 - 8:30pm
posted by Howard B. Owens in batavia, infrastructure.

Another sub-zero night and another water line break for city crews to repair.

This time on Union Street (see previous post).

The location is between Notre Dame HS and Robert Morris, near Richmond Avenue.

A worker said they're hopeful it will be a quick repair, but the first order of business is finding the leak. Workers dug a hole first where the road was covered only by asphalt. An easy hole to dig, but no luck. The leak is further south, so they're punching holes through concrete (concrete under the asphalt at that location) to find the link. The concrete makes the work that much more difficult.

At the time this picture was taken it was minus five degrees.

February 20, 2015 - 7:29pm
posted by Howard B. Owens in batavia, abandoned properties.

The modest yellow house at 420 North St., Batavia, was probably somebody's dream home in 1930.

Today, it's emblematic of the difficulties the City of Batavia faces in dealing with abandoned and vacant homes.

There are somewhere in the neighborhood of 50 such homes in Batavia and City Manager Jason Molino thinks it's an important enough of a problem that he would like to spend more time during his work days on the issue in 2015.

Vacant and abandoned homes can attract squatters. They serve as eyesores for neighborhoods. They bring down property values for surrounding residents. They are safety hazards. They can contribute to economic decline. They use city resources without contributing revenue or economic impact to the city.

It's important that vacant and abandoned homes be returned to the housing stock quickly. That's one reason the city is getting aggressive with banks that hold mortgages, and in some cases even hold title, by putting pressure on them to deal with code enforcement issues. 

Today, six banks were summoned to City Court to answer to code violation citations.  

Three banks were to be represented by attorneys when their cases were called. One bank previously received an adjournment of its case because the property will soon be sold. And counsel for two banks didn't show at all.

One of those was Bank of America, the bank the city identified as responsible for the quaint 1,600-square-foot house at 420 North St.

After court, The Batavian reached out to Bank of America and our call was returned by Rick Simon, a California-based spokesman for the bank. 

Simon said that Bank of America is not responsible for 420 North St.  

He referred us to Rushmore Loan Management Services in Irvine, Calif.

A spokeswoman for Rushmore quickly returned our call, but said she needed time to research the property before responding to questions.

The confusion over who is responsible for the property is exactly the sort of problem the city runs into as it tries to deal with vacant and abandoned homes.

First, the city must research who the mortgage holder is, whether there's ever been a foreclosure, or if the bank or somebody else ever took title, and then find the right person to talk with about the property.

Often times, Molino said, these big banks aren't even certain what properties they are handling and whether they're now responsible for it.

Simon, with Bank of America, said his company tries to be responsive to municipal governments with troubled properties in their neighborhoods, but it's up to the local officials to contact the bank. They don't know there is a problem unless they're told, he said.

In the case of today's scheduled court appearance for 420 Bank St., Simon couldn't confirm the bank ever even received the summons.

City records indicate the summons was delivered in October to a bank employee in Charlotte, N.C., where Bank of America lists its official headquarters.

The Bank of America employees responsible for these properties, whom Simon could normally check with, the spokesman said, were all off on this Friday afternoon.

After an initial phone conversation, he did further research on 420 North and called back to report bank records show responsibility for 420 North was transferred to Rushmore.

To help smooth away these wrinkles in the accountability process, Molino would like to see the state pass a "zombie law." The law would make it possible for municipalities to hold banks who issued the mortgage on the property accountable for the condition of the property. It would be harder for bankers to throw up their hands and say, "not our problem."

For the most part, however, bankers have been responding to the city's code enforcement efforts.

Of the four properties represented by attorneys in City Court today, all four are either now in compliance or moving toward compliance.

"We are getting some banks to take responsibility for the properties," Molino said. "We're serving papers and finding ways to get them into court where judges are receptive to telling them they have to comply with the code."

Today's successes:

  • 35 Manhatten Ave., with Michale Jabloski representing Wells Fargo. Many repairs were completed Feb. 1, though there is still some work to be done. The case was continued to April when the city expects Wells Fargo to be in full compliance.
  • 129 Summit St., another Wells Fargo property. Wells Fargo was not aware it was responsible for this property until just recently. The bank is awaiting more information from a code enforcement officer on what work needs to be done on the property. The bank was given until May 15 to bring the property into compliance.
  • 6 Manhatten Ave., with Jason Racki representing Ocwen Mortgage. Since Racki's last court appearance on the case, many of the required repairs have been completed, but there is new water damage to the structure that must be repaired. Ocwen has also put the property out for bid and anticipates accepting a bid soon. The matter was continued to May 15.
  • 40 Manhatten Ave., with Richard Fay representing Citi Mortgage. There have been previous appearances on this property and some work has been done, such as repairing and repainting the garage door. The chimney has been stabilized and the bank is now putting siding out to bid. The case was continued to May 15.

Also not showing today was HSBC bank, whom the city is holding accountable for 128 Ross St.

Another bank, J.P. Morgan, had its case adjourned in advance because it's about to sell 42 Porter Ave.

Some of these properties, like many vacant and abandoned properties in the city, are worth a lot less than it would cost an investor to buy and rehab the property.

Even if an investor can get the house for a song, he might be looking at spending $50,000 to fix up a place that he can't sell for much more than that, so he's now upside down on the so-called investment.

To help address that problem, Molino is working on a local law that would allow the city to offer tax abatements to would-be homeowners who buy distressed homes and fix them up.

"For every $1,000 paid in taxes, that's $1,000 that can't be paid on a mortgage or for rehabilitation," Molino said. "We're already not collecting taxes on it and at that valuation, the amount of taxes you would collect are miniscule, so why not redirect those taxes to rehabilitation."

A vacant home, Molino said, doesn't have a family in it who is bringing their buying power to our community.

"This is a process we really have to vet and decide whether it's appropriate for some of these upside-down properties," Molino said. 

He also thinks there are opportunities to work more with groups such as Habitat for Humanity, Neighborhood Works and Pathstone to help identify people who would be productive homeowners even if they can't afford to buy a home without assistance.

"They have the capital, the overhead, to acquire properties and if they can get them cheaply, they are able to screen for good homeowners and arrange for financing, or they have the financing tools to help people get into homes," Molino said.

The first step, though, is bringing vacant and abandoned homes back into the housing stock, and that's only going to happen to the degree the city is successful in identifying responsible parties and getting them to move the property.

Previously: The problem of distressed properties complex and easy solutions elusive

6 Manhatten Ave.

40 Manhatten Ave.

129 Summit St.

February 20, 2015 - 5:40pm
posted by Howard B. Owens in batavia, infrastructure.

Press release:

City employees are responding to a water line break on Union Street. Residents on Union Street between Richmond and West avenues will be without water from approximately 5:30 p.m. until 9:30 p.m. this evening while crews repair the leak. If you should experience discolored water after the service is restored, please run a faucet until the water runs clear.

Thank you for your patience as we make the necessary repairs.

February 20, 2015 - 2:13pm
posted by Howard B. Owens in batavia, business, Wiard Plow, Wiard Fire.

Old industrial buildings off of Swan Street that weren't destroyed by arson in 2010 are being felled by code enforcement in 2015.

Tom Mancuso, current owner of what was once the Wiard Plow Factory, appeared in City Court today to update Judge Michael Del Plato on his progress toward bringing the property into code compliance after citations were issued by the City of Batavia.

The case was continued to April 17, giving Mancuso time to complete demolition of the half-dozen brick structures on the property.

The only thing that will be left of what was once one of Batavia's landmark companies will be the former office building, which is owned by Smart Design and undergoing renovation.

Two of the old factory buildings were destroyed in a fire in 2010 that was deliberately set by a 14-year-old resident of the city. (For The Batavian's complete and comprehensive coverage of the fire and its aftermath, click here.)

For decades after Wiard Plow closed up shop, the buildings were used to house several small businesses. The Mancuso family invested money to help bring in business and support those businesses, but the buildings were all vacant by the time of the fire.

Tom Mancuso still had plans for the wood and brick industrial buildings, but the fire was a big set back.

"The arson fire destroyed everything we had invested," Mancuso said. "The insurance proceeds did not cover the loss, so we came out of pocket on the fire and now we're going to be out of pocket again on the demolition."

It took some time to get the necessary demolition permits from the state, but Mancuso is through that process and a contractor is on site, preparing the property to be ripped apart beam-by-beam, brick-by-brick.

Asked how much the demolition is costing his company, Mancuso said, "Too much. More than we have."

Still, Mancuso is looking at the bright side.

"It will make the street better," Mancuso said. "It's a good thing for the community. You hope something good will come of it. For years, we've tried to find somebody to build something or do something there so we can redevelop it. We'll hope this allows something good to happen sooner."

February 20, 2015 - 1:55pm
posted by Billie Owens in batavia.

The City of Batavia continues to call for nominations for the following annual recognition awards:

  • Community Volunteer of the Year
  • Homeowner of the Year
  • Business of the Year

Nomination forms are available on the home page of the city Web site:  www.bataviany.com or they can be picked up at the city Manager's Office, or requested by phone -- 345-6333.

Nominations will be accepted through March 1.

Please submit your nominations to Lisa Casey by e-mail at [email protected] or by fax 343-8182 or by mailing to:

Office of the City Manager

One Batavia City Centre

Batavia, NY  14020

February 19, 2015 - 3:44pm
posted by Billie Owens in batavia, corfu, Milestones.

Kaitlin Logsdon, of Batavia, a communication, management and design major in the Roy H. Park School of Communications at Ithaca College was named to dean'slist for the Fall 2014 semseter.

Maureen Edwards, of Corfu, a musical theatre major in the School of Humanities and Sciences at Ithaca College was named to dean's list for the Fall 2014 semseter.

From day one, Ithaca College prepares students for success through hands-on experience with internships, research and study abroad. Its integrative curriculum builds bridges across disciplines and uniquely blends liberal arts and professional study. Located in New York’s Finger Lakes region, the College is home to 6,100 undergraduate and 460 graduate students.

February 19, 2015 - 2:08pm
posted by Billie Owens in batavia.

Press release:

As of March 1st, seniors in Genesee County will have another option to get out of the house and stay active. Tender Loving Family Care, a Brockport-based business with roots in Batavia, has reached an agreement with Genesee County to operate Adult Day Programs in the Office for the Aging location at 2 Bank Street in Batavia.

Adult Day Programs are dynamic, multifaceted programs that focus on fitness and wellness, entertainment, personal care and nutrition. A typical day starts out with a continental breakfast of muffins and pastries along with discussion of current events and socialization. Seniors then participate in different activities including: arts and crafts, card games, indoor bowling, baking, or simply watching "The Price is Right!" on TV.

Morning activities are followed by a hot lunch and afternoon activities like bingo, trivia, wii bowling, and others. Some days, seniors enjoy field trips to area attractions. TLFC founder and CEO Annika D’Andrea says Batavia will be the fourth location for her company that currently operates similar programs in Albion, Brockport, and Le Roy.

“Tender Loving Family Care began in Batavia and we are happy to be back in the city doing what we do best, helping seniors and families live happy and productive lives,” D’Andrea said. “Adult Day Programs offer families the flexibility and support they need to thrive. In some cases transportation is available, making this a smooth transition for those involved.”

Tender Loving Family Care offers a variety of services for seniors including both medical and non-medical in home care, and assisted living facilities including Canal View in Albion and Garden View in LeRoy. To find out more, visit www.tenderlovingfamilycare.com or call (585) 637-0333.

February 19, 2015 - 12:47pm
posted by Howard B. Owens in batavia, business, preservation, D.A. Tufts Construction.

There are few examples of Mid-century Modern architecture in Batavia, especially among commercial buildings, and one that has been neglected for a long time has found a savior.

D.A. Tufts Construction has purchased 438 East Main Street, which is at the corner of Main and Harvester and is perhaps most often thought of as the former WBTA building.

Dave Tufts said he's admired the building since he was a little kid and is a big fan of Mid-century Modern, so he want to be sure to preserve the era's clean lines and Jetson-style modernism of the structure.

"It's one of my favorite periods, so we're excited about it, to be honest with you," Tufts said. 

Tufts plans to convert the 2,900-square-foot first floor to office space, suitable for business or medical use, and the second floor will become two large apartments (1,300 square feet each) with open floor plans (appropriate for the era) and high-end amenities.

In a statement about their plans, the Tufts said, "The repurposing of the building goes along with the current trend of people returning to urban areas to enjoy downtown living."

They will also construct two more apartments on the property and all four apartments will have private garages.

The exterior will be upgraded with a new entry way and balconies for the apartments, but preserve the stamped brick facade common to the Mid-century Era and simple lines that dominate the look and feel of the current building.

The last tenant of the building, T-Shirts Etc., moved downtown four years ago, and the building has been vacant since. It's sort of gone to seed over all those winters and summers of emptiness.

Renovation work has begun inside, but there's a lot of work ahead for his crews, Tufts said, to bring out the best the building has to offer.

Tufts said Julie Pacatte, economic development coordinator for the city, has helped them throughout the planning process.

Pacatte said she helped the Tufts by developing a marking list for potential office space tenants and also helped them with an application for a grant from National Grid for main street revitalization projects, which she expects will be approved.

"We're thrilled about the project," Pacatte said, because it hits on so many of the city's economic development goals -- from providing mix-use buildings; bringing more viable commercial space and residential space to the central city corridor; and providing higher-end housing (apartments with garages) that doesn't currently exist in the market.

"We love that they're honoring the architectural style of the property," Pacatte said.

Lucine Kauffman, president of the Genesee County Landmark Society, said the Tufts' plans sound like good news.

"I think it's great to start raising awareness to start saving Mid-century buildings," Kauffman said. "When we think about preservation, we usually think of buildings from the 1800s, especially in this area, but there are a lot from the first half of the last century that are certainly worth preserving."

Converting a former commercial building into a mix-use structure (apartments and commercial) fits right in with the trend nationally toward what planners call "new urbanism," Kauffman said, which has so many benefits for local communities, such as economic growth and reduced crime, and it's good for the environment, by reducing the need for commutes and not filling landfills with demolished buildings.

"It's especially true in a city like Batavia, where there has been so much urban renewal and so much devastation," Kauffman said. "I think it's important to move forward and make the best of what we have now. When you see the plans for the Save-A-Lot building, what was done with the Williams building (Alberty Drugs), and what Tompkins has done with their building where WBTA is now, where they're kind of dressing it up, that's the best we can hope for, where people make the best of it."

Kauffman is aware Mid-century Modern may not be to everyone's liking, but that doesn't mean Mid-century Modern shouldn't be preserved.

"Buildings don't have to be grand," Kauffman said. "They don't have to be fancy. They don't have to be anything. They don't have to be esthetically pleasing to everyone. So long as a building represents a specific era or a specific architectural style, it's worth saving."

February 19, 2015 - 10:38am
posted by Howard B. Owens in batavia, Batavia PD.

Press release:

The Batavia Police Department has launched a proactive sex offender house check campaign that will have officers checking registered residences for sex offenders that live in our community. The check is to encourage compliance with NYS sex offender registration laws and to bring offenders who are in violation into compliance. These checks will be random and unscheduled.

The Batavia Police Department has also launched its new Local Sex Offender Web page on the City of Batavia Web site. Citizens can view information pertaining to all the sex offenders that are registered in the City Of Batavia. The page can be found by clicking on “Click for the list of Sex Offenders in the City of Batavia” located at http://www.batavianewyork.com/police-department/pages/sex-offenders.

February 19, 2015 - 10:24am
posted by Howard B. Owens in batavia, crime, Stafford.

Justin Lee Pyatt, 26, of Jackson Street, Batavia, is charged with menacing a police officer. Officers responded to 113 Jackson St., Batavia, at 2:02 p.m. Monday to check on the welfare of Pyatt after receiving reports that he was distraught. Pyatt allegedly brandished a knife and threatened two officers. Pyatt was taken into custody without incident and jailed without bail.

Julio C. Morales, 29, of Upton Road, Batavia, is charged with theft of services. Morales is accused of dining at Main St. Pizza Company and then attempting to leave without paying for his meal.

Shaun P. Coulter, 29, of Harvester Avenue, Batavia, is charged with criminal mischief, 4th. Coulter allegedly broke a window during a domestic incident reported at 8:54 a.m. Wednesday. He was jailed on $500 bail.

Gina L. Donovan, 39, of Haven Lane, Batavia, is charged with trespass. Donovan allegedly refused to leave the Richmond Memorial Library after being told by staff to leave the property.

Michele S. Lafreniere, 30, of Handsome Lake Drive, Caledonia, was arrested on a warrant for alleged failure to appear on a charge of aggravated unlicensed operation, 3rd. Lafreniere turned herself in and paid $500 bail before being released.

Lawrence David Liles, 58, of Mill Road, Stafford, is charged with criminal mischief, third degree assault and harassment, 2nd. During an incident reported at 6:25 p.m. Aug. 12 Liles allegedly grabbed the phone of a female when she attempted to contact law enforcement. He allegedly struck another person at the scene, causing injuries.

Emisha Marie Milton, 20, of Thurston Road, Rochester, is charged with petit larceny. Milton was arrested on a warrant out of Town of Batavia Court. She was released on her own recognizance from Genesee County custody, but turned over to Gates PD on a warrant on an unrelated matter.

Nancy Ellen Chatt, 69, of Prestige Crossing, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, moving from lane unsafely and speed not reasonable and prudent. Chatt was charged following a one-vehicle accident, reported at 7:08 p.m. Jan. 24 and investigated by Deputy Matthew Fleming.

Eric McKenzie Smith, 29, of Ross Street, Batavia, is charged with unauthorized use of a vehicle, 3rd. Smith was reportedly located by Rochester PD in Rochester while driving a vehicle that he allegedly refused to return to its owner. He was turned over to the Sheriff's Office, arraigned and released.

Jordan Nathanial Odom, 18, of Main Road, Stafford. Odom is accused of stealing items from Pavilion High School on Jan. 13. A 17-year-old resident of Clipnock Road, Stafford, was also charged with petit larceny.

Ketrina Barnes, 19, of Rochester, is charged with grand larceny, 4th. Barnes was arrested at Genesee Community College by State Police. No further details released.

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