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Photos: New escalators being installed at Batavia Downs

By Howard B. Owens

Batavia Downs is in the home stretch of a $20 million expansion that includes a new gaming floor, a new sign, new offices, and in the final phase, a new facade and entry on Park Road.

Today, a pair of 7,500-pound escalators are being installed and soon a statue of Fortuna, the goddess of good luck, will arrive from Wisconsin.

With the last major pieces in place, it's just a matter of putting on the finishing touches.

The new gaming floor, now on the first floor, opened last October. The old gaming floor on the second level is now offices for Batavia Downs and Western OTB staff.

The escalator to the second floor will provide access to the clubhouse and grandstands as well as a new OTB inter-track wagering facility, which will move from its current location across the street on Park Road.

The entry way will feature lighted neon and Fortuna will stand through a hole in the ceiling so she can be viewed from ground level or from up above.

"It's just going to look incredible," said Ryan Hasenauer, marketing director for Batavia Downs.

Inmate transports essentially tie up four full-time deputies, so legislators exploring options

By Howard B. Owens

Deputies spent 8,544 hours on inmate transports in 2013.

Most of those transports involve shuttling female inmates from Genesee County to jails in other counties that can house female prisoners (something the local jail was never designed to do).

Some of those transports involve taking inmates to and from court, and to and from doctor's appointments.

Those 8,544 hours equal more than 1,000 eight-hour shifts, or about 213 weeks of work for a deputy working five, eight-hour shifts a week.

In other words, the Genesee County Sheriff's Office is using the equivalent of four full-time deputies to move prisoners from one location to another.

Rather than spending their time out on road patrol fighting crime and assisting residents, deputies are stuck behind the wheel of a police cruiser driving on roads far from Genesee County.

Not coincidently, Sheriff Gary Maha is planning to request adding four new deputies to the department in 2016.

Members of the Legislature are asking if there isn't a better way.

Options were the topic of discussion during a budget session in the Old Courthouse on Wednesday.

With Undersheriff William Sheron, Jail Superintendent William Zipfel and Chief Deputy Gordon Dibble in attendance, legislators talked about whether it would be best to hire a part-time staff to transport inmates or try to expand teleconferencing for court appearances.

"We're looking for some middle ground where we might be able to get these deputies back to where they belong," said Ray Cinanfrini, chairman of the Legislature.

A few part-timers, who would have the flexibility to meet the demands of unpredictable transport needs, would cost less than hiring new full-time deputies, though no analysis has been done yet on the cost.

Sheron said the part-timers will still need to be sworn police officers, but their duties could be limited to transports.

At a previous meeting, legislators suggested hiring a private security company with bonded guards, but Sheron said the inmates need to remain under the custody of the Sheriff at all times for legal and liability reasons.

In an era of expanding technology, teleconferencing seems to be an option. Thanks to a state grant received two years ago, the jail already has a room set up for teleconferencing.

It's never been used.

Local courts have resisted the teleconferencing option, but Cianfrini said maybe it's time to start pushing local justices and defense attorneys to use the system.

Sheron said it would be helpful if all the local courts ended night court proceedings and scheduled all appearances during the day.

No decisions were made Wednesday.

As the current proposed 2015 county budget stands, property taxes would be reduced from $10.04 per thousand to $9.86.

Officers respond to report of youths breaking into cars on Kibbe Avenue

By Howard B. Owens

A caller reported seeing youths trying to break into cars on Kibbe Avenue, and seconds later said they were leaving the area at a high rate of speed, heading southeast on South Jackson Street.

Within a minute, a patrol stopped a vehicle with two or three occupants.

The officers were attempting to question them.

On a car-to-car transmission, one officer drolly tells another, "they have no idea who they are."

The individuals are being separated for further interviews.

At the same time, officers are tracking individuals who are going through one of the cemeteries on Harvester Avenue. A K-9 is on scene.

UPDATE 10:45 p.m.: Both incidents are related. A total of six people are involved. When Batavia police officers pulled over a pickup truck to question the driver about the Kibbe complaint, two passengers fled the vehicle on foot and were seen going into the cemetery. The cemetery area is cordoned off; the K-9 was taken off leash to hunt for the two suspects. One has been apprehended; the other remains at large. Three additional passengers remained inside the truck; one is a female who appears to be in her teens. One of the males at large is described as white, about 15 years old, with a thin build.

UPDATE 11:23 p.m.: Batavia PD is still on scene questioning two individuals. One individual remains at large. Police located a GPS unit in the vehicle and are trying to determine if it's stolen. We don't anticipate any further updates tonight unless there's a significant development.

UPDATE noon, Thursday: No arrests were made. The investigation is continuing, according to Assistant Chief Rob Yaeger.

Photo: Hydrant flushing on Richmond Avenue

By Howard B. Owens

Heading toward the incident on Lewiston Road this morning, while heading down Richmond, when I got to Union Avenue, I came upon City firefighters in the midst of hydrant flushing.

Realtors donate $10K to Mercy Flight

By Howard B. Owens

Members of the Buffalo Niagara Association of Realtors visited the Mercy Flight hangar at the Genesee County Airport today to present $10,000 in donations raised through golf a tournament sponsored by the association. Mercy Flight WNY and Mercy Flight Central each received $5,000.

Representing the realtors were John Leonardi, Christy Rothschild, Joe Rivelino, Sharon Ciminelli, Dorreen Fahey, Debbie Norman, Rebecca VanDorn, Diana Carney and Lynn Gleason. On hand from Mercy Flight were Lynn O'Donnell, Andy Gill, Jason Miles, Ross Feinmann, Samantha Ryan, Jeff Bartkowski and Taryn White (listed not by picture order).

Law and Order: Warrant suspect located in cemetery

By Howard B. Owens

Ted E. Kingsley, 42, of Prune Street, Batavia, was arrested on a bench warrant. Police responded to a tip that Ted Kingsley, wanted on a City Court warrant, was residing at 11 Prune St., Batavia. Patrols went to the residence but were unsuccessful in locating Kingsley. Patrols checked the surrounding area, including the cemeteries on Harvester Avenue. During the check, a subject identified as Kingsley was seen running through Batavia Cemetery. Officers gave chase and Kingsley eventually stopped at the request of a police officer and he was taken into custody without incident. Kingsley was jailed on $100,000 cash bail. (Photo: Monday's arrest in the Batavia Cemetery submitted by Jim Woodhams III.)

Maleak H. Green, 21, of South Main Street, Batavia, is charged with criminal contempt, 1st, harassment, 2nd, criminal obstruction of breathing and unlawful imprisonment. No details released on the alleged incident reported at 1:20 a.m. Green was jailed on $10,000 bail.

Christina L. Fox, 26, of Bank Street, Batavia, is charged with petit larceny. Fox is accused of stealing the property of somebody she knows.

Samantha L. Hicks-O'Connell, 27, of Ellsworth Avenue, Batavia, is charged with endangering the welfare of a child, aggravated unlicensed operation, 2nd, unlicensed operation and back seat passenger under age 16 without a safety belt. Hicks-O'Connell was stopped at 5:34 p.m Oct. 8 on Liberty Street, by Officer Jason Ivison after a complaint was received of a female driving a pickup truck with a 10-year-old child riding in the back. NOTE: After reviewing the press release following a complaint by Hicks-O'Connell (see comments), we should note the release does not specifically state a traffic stop was involved in the chargers.

(name redacted upon request), 25, of Harlem Road, Amherst, is charged with possession of a hypodermic instrument, operation of an unregistered motor vehicle and no seat belt. xxxx was stopped at 3:50 p.m. Tuesday on Lewiston Road, Batavia, by Deputy Joseph Corona for alleged traffic violations.

Curtis Lamont Williams, 34, of Ellicott Street, Batavia, was arrested for an alleged Family Court Act violation -- failure to pay child support. Williams was arraigned in Family Court and released because his child support is almost up to date. He was ordered to return to court Nov. 10.

Ronald Warran Sloat, 73, of Godfreys Pond Road, Bergen, is charged with trespass. Sloat is accused of failure to leave another person's property after being told several times to leave.

Bruce Devan Reid, 52, of Saint Paul Street, Rochester, is charged with possession of burglary tools and attempted petit larceny. Reid is accused of possession of tools that would have helped him steal items from parked cars. He was jailed on $4,000 bail.

Closure of crossing on 262 postponed

By Howard B. Owens

CSX has postponed its planned closure of the crossing on Route 262 in Bergen.

The closure had been scheduled to start tomorrow.

No new closure date has been announced.

Two people arrested, two others released after officers respond to report of gun being loaded in Tops plaza

By Billie Owens

Two individuals are in custody because they have warrants out on them and two others were released following an incident that occurred late this morning at Tim Horton's on Lewiston Road.

Law enforcement initially responded to a report of four people loading a gun in the parking lot of the Tops Market plaza. After a search of the area, including a foot patrol, nothing was found. Soon thereafter, the suspect vehicle was spotted by an officer as it pulled into the parking lot of the new Tim Horton's.

Sheriff's deputies, City PD and State Troopers responded and with guns drawn apprehended the four suspects. A search turned up nothing except a small amount of marijuana inside their vehicle. The two people with active warrants were kept in custody and two others were released.

UPDATE 3:50 p.m. (by Howard): Initial information above based on what we were first told at the scene. Only one person was released without charges. The driver was arrested and charged with unlicensed operation and unlawful possession of marijauna. Investigators spent a good deal of time interviewing the four individuals. Det. Thad Mart, Batavia PD, said the investigation is ongoing, but declined to discuss what investigators are still looking at in the case. The vehicle was initially reported near the Verizon store. Mart said based on the report originally called in, it was something to take seriously. "Obviously, in this day and age, somebody loading ammunition into a firearm in a public parking lot, it raises some eyebrows and some cause for concern. We have to be concerned about the public and be concerned about officers investigating."

UPDATE: We should have included that the vehicle was a rental. Two of the subjects were from Orleans County and two from Monroe County. The vehicle was impounded.

Batavia Teachers Association hosts health fair

By Howard B. Owens

A couple dozen vendors participated today in a community health fair at the Batavia Middle School sponsored by Batavia Teachers' Association.

Above, Jen Housknecht gives a zumba demonstration class. Below, a visit with the booth for Genesee Dental.

Car wreck snarls traffic at Ellicott and Jackson

By Billie Owens

A two-car accident is blocking westbound traffic on Ellicott Street at Jackson. Injuries are believed to be minor. There is one person possibly entrapped. City fire and Mercy medics are scene.

UPDATE 5:04 p.m.: City Fire back in service.

Insource Urgent Care is now Genesee Urgent Care and other changes are in the works

By Billie Owens

Insource Urgent Care is now Genesee Urgent Care, and there are other changes in store for the acute healthcare provider that opened in Batavia just last year.

For one, Melissa Marsocci is now the sole owner of the business, located Downtown at 35 Batavia City Centre. (Three other locations were sold earlier this year to urgent care groups in Philadelphia and Auburn.) And as head of the company, Marsocci has "really innovative plans."

"Batavia has always been 'the model' for the characteristics I've wanted," said the 30-year-old lifelong Genesee County resident.

One of those is the expansion of telemedicine. The center has a contract with Genesee Community College to augment its student health services. Marsocci donated desktop telemedicine equipment to the college to enable Genesee Urgent Care to see students as patients virtually, seven days a week.

They are planning to roll out a telemedicine system the week before Thanksgiving. If a student isn't feeling well, he or she could go to the telemedicine area, which would have a nurse on duty, and there a dialog could take place with Genesee Urgent Care about appropriate care.

Marsocci calls this the "hub-spoke model."

She sees it as having global applications.

"We are researching putting in a (telemedicine) clinic to help a Christian missionary in Haiti and the Dominican Republic to provide care for people," Marsocci said.

The company is making a big push into occupational medicine, too, and negotiations are under way with two orthopedic groups.

Genesee wants to partner with a psychiatrist for "telepsychiatry," and to sublease space to an oncology group to see patients on site.

A Downtown daycare center in the building wouldn't be a bad idea either.

"I would like to get support for other medical businesses in the building so we could offer (daycare) as a service to patients," Marsocci said.

Genesee has teamed up with another firm to craft a commonsense healthcare option that would "give employers a means of circumventing Obama Care." Because she wants to trademark the plan, which targets self-funded health plans, she is keeping pretty tight-lipped about it.

Awhile back, she said the company was briefly without a healthcare plan for its employees and the available options were a sorry lot.

"My premiums went up 20 percent," she said. "Employees who were used to paying $20 to $40 deductibles, were now paying for an office visit because of high-deductible plans."

The lawsuit with Health Now, the BlueShield BlueCross franchise for WNY, is settled and Genesee Urgent Care now takes their insurance.

As regards staffing, there's a new medical director. Dr. Tom Malinich has replaced Dr. Magdi Credi, but for the foreseeable future Credi will remain on staff and continue to be a valuable mentor. Dr. Henry Moscicki, DNP, is at the clinic once a week.

"He blends into the hybrid model we've always prided ourselves on," Marsocci said.

There are no other changes to speak of but the center is in hiring mode.

"We still promise to see patients within 15 minutes," Marsocci said. "We have no intention of replacing primary care doctors. But it is important that patients needing acute care be followed."

(The sign currently on the outside of the building in City Centre will soon be replaced. The job is out to bid locally.)

The problem of distressed properties complex and easy solutions elusive

By Howard B. Owens

There are an estimated 53 vacant and abandoned homes in the City of Batavia, which creates a drain on city resources, brings down property values for neighbors and are black holes in local economic growth.

It's a problem.

How we go about solving that problem was the subject of a 45-minute talk Monday evening by City Manager Jason Molino.

Forty-five minutes. It's that complicated of a problem.

The city can't legally seize the properties, except for the nine or so that are falling behind in property taxes, and with banks that hold mortgages leaving the properties in legal limbo, there's no way for the city to enforce code violations.

Fixing the problem will take a mixture of tactics: research to locate responsible title holders; trying to locate mortgage holders and convince them to move the title one way or another; convincing Albany legislators to change state law regarding abandoned properties; and creating programs locally to make upgrading abandoned homes more economically feasible. 

It's relatively easy to identify which homes in the city have been abandoned. They've stopped using city water.

The 53 homes believed to be abandoned have been vacant an average of three and a half years.

On average, they've generated five visits each year while vacant from code enforcement officers, and one police patrol response per year.

The code enforcement efforts cost taxpayers about $8,000 per year.

Often, the code enforcement citations result in no action because the previous owner who occupied the property can't be located. And though a bank or mortgage holder is continuing to pay taxes on the property, the bank hasn't taken title so it can't be held legally accountable for code violations.

Molino said there's no one answer, and no firm reason is really known, as to why banks don't take title on abandoned properties.

It could be that a large institution is dealing with so many mortgages, nobody is even aware a particular property is on its loan rolls or is abandoned. It could be the company is dealing with so many abandoned properties, some fall through the cracks. It could be that a bank is so bogged down by bureaucracy that it takes years to deal with the paperwork of an abandoned property. It could be the bank has no financial incentive, and some disincentives, to deal with the property.

"We really have to dig into that issue," Molino said. "That's one of the things we really need to look into in the coming months to really understand who are all the lending institutions and why are they not moving on title.  ...  We really need to get a good understanding of that, because everything hinges on moving title for these properties."

Once a property is back on the market -- either the bank puts it up for sale or auction or the city somehow obtains title -- it becomes subject to the market forces that determine value and the value of restoration.

Molino spent some time explaining supply and demand as it relates to the local housing market.

Since 1960, Batavia has lost 2,700 residents. At the same time, there has been a slight increase in housing stock. During the same time period, people have become more mobile, thinking nothing of driving 20 or 30 minutes to work or an hour and a half to outlet stores. As time as passed, Batavia's housing stock has also aged.

All of this affects the value of properties, the interest of people in living in a place like Batavia, and the affordability of remodeling and restoration.

While there are economic growth activities in and around the city that could lead to more jobs, a population boom isn't necessarily a given.

"Obviously, we'd love to have another 2,000 or 3,000 people come back in the city and increase the demand for housing stock," Molino said. "Realtors would love it. People would be demanding houses and prices would go up. Truth is, that's probably not practical."

Even if economic growth doesn't bring a few thousand more people to Batavia, economic growth is still vital to increasing the value of homes locally.

"If that median income number doesn't go up, then you're limiting your ability to do things, and we can't do a lot of what we want to do or achieve what we want to achieve," Molino said.

What we need, he says, is enough growth to fill the housing stock we have, and then make it economically viable for owner-occupants or speculators to buy and invest in those properties.

Molino used the example of a house currently valued at $50,000. With upgrades, its value might rise to $75,000, but a modernization and restoration project might cost $45,000. That means the owner would need to sink $95,000 into a property that wouldn't be worth more than $75,000 when ready for occupancy.

That's where "gap financing" tools come into play. There are various government programs available. A single program the city could create -- laws would need to be changed by Albany to make it possible -- would allow for abated taxes on the increase in assessed value.

If the assessment goes up by $25,000, the city would tax only on the original $50,000 for the first eight years after restoration, foregoing tax revenue on that $25,000.

That makes economic sense for the city, Molino said, when you consider that's only $230 annually on a property that may currently be costing the city more than $1,000 annually on code enforcement, law enforcement, and lost fees for a property that is abandoned and vacant. Moreover, if a family lived in that home, it would generate from $10,000 to $20,000 in local buying power.

The state needs to pass legislation that would allow Batavia and other cities to create such a program.

Changesare also needed in the laws giving cities more power to deal with banks who let abandoned homes sit fallow, so to speak.

Some of these homes may not be worth saving, Molino acknowledged. While the city may not want to seek demolition of all abandoned homes, some may need to go. That will be a policy decision for the city to make as it learns more about the abandoned housing stock locally.

In the bigger picture, home values are also affected by things related to quality of life, and those, too, are issues the city is taking steps to address or needs to address as part of strategic planning, Molino said.

"When somebody wants to invest on a street," Molino said, "are they going to want to invest on a street on a street that has potholes? Are they going to want to invest on a street that has sidewalks that are turned up? Are they going to want to invest on a street where the neighbors don't talk with each other? Are they going to want to invest on a street where they've got to pay another $1,500 in flood insurance? Who wants to invest there? They don't."

Among Molino's recommendations is creating a home expo, which would bring together representatives of all the various private, government and nonprofit agencies that offer assistance to owners of distressed properties. There's several programs available, but few people know what they all are. Giving residents that kind of information, Molino said, might spur activity that would lead to better housing stock.

Molino's presentation was video-recorded by Alecia Kaus and will be posted to the city's Web site at a later date.

Wreck on eastbound Thruway

By Billie Owens

A motor-vehicle accident is reported on the eastbound Thruway at mile marker 381.3. Le Roy fire and ambulance are responding. Injuries are unknown as there are conflicting reports.

Photos: BDC recognizes businesses that successfully complete loan program

By Howard B. Owens

During Monday's meeting of the Batavia City Council, three local businesses were honored by the Batavia Development Corp.

Each received a plaque in recognition of the owners' successful completion of a loan program that helped them expand or grow their businesses.

Above, Susan Francis, owner of The Color Salon, with the her husband John Zola, receiving a plaque from Ray Chaya, a member of the BDC Board, Council President Brooks Hawley, and BDC VP Gregg Torrey.

CORRECTION: Francis and Zola are not married.

Steve Mullen, owner of Larry's Steakhouse.

Mary Valle, co-owner of Valle Jewelers.

Possible transformer explosion reported on State Street

By Howard B. Owens

A possible transformer explosion is reported in the area of 235 State St., Batavia.

City fire responding.

UPDATE 9:37 a.m.: A problem was found with a transformer, but no sparks or smoke. National Grid needs to be notified.

UPDATE 10:25 a.m.: City fire back in service.

Flooding at UMMC closes lab, which leads to emergency room shutdown

By Howard B. Owens

A basement flooding issue has forced UMMC to close its emergency room this morning, which requires any emergency patients to be diverted to the next closest hospital.

The flooding took out equipment in the lab, according to Colleen Flynn, spokeswoman for UMMC.

Most other departments remain operational, though surgery is delayed two hours.

The flooding was caused by a water line break.

There's no estimated time when the ER might reopen.

Some of the equipment that is off-line will need to be reinspected by manufacturer reps before it can be operational again.

An operational lab is essential to keep the ER open, Flynn said.

UPDATE 11:43 a.m.: UMMC's emergency room is no longer closed. It is open, fully operational and has resumed normal patient care capabilities.

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