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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.

Ranzenhofer responds to ham-handed mailer from teachers union

By Howard B. Owens

Perhaps you've seen this campaign mailer attacking Sen. Mike Ranzenhofer. 

The Ranzenhofer campaign issued a statement about it today:

Albany's special interests are at it again. This time, a powerful teachers union is attacking a legislative idea suggested by a group of fourth-grade students and their teacher. It's ironic that the union representing teachers is attacking a legislator for getting a law passed to make yogurt the official state snack when students at Byron-Bergen Elementary School first requested it. What is even more bizarre is that the political mailing is filled with a myriad of spelling errors. It misspells loses ("looses"), Ranzenhofer ("Razenhofer"), the Town of Batavia ("Batvia") and the yogurt manufacturer, Alpina ("Aplina"). If the union handed in this political attack to be graded, it would be returned with red ink all over it with a note to keep practicing spelling. Teachers union candidate Elaine Altman should give it a failing grade.

Rail crossing closure planned for Route 262 in Bergen

By Howard B. Owens

County Highway Superintendent Tim Hens says he was notified late Monday afternoon by CSX that there will be a rail grade crossing closure on Townline Road (Route 262) in Bergen from Thursday morning through Saturday afternoon.

The detour is Jerico Road to Route 33 to Route 19.

Car crash with injuries on Colby Road in Darien

By Billie Owens

A two-car accident with injuries is reported at 10153 Colby Road in Darien. Darien fire is responding along with Mercy medics. The location is between Sumner and Sharrick roads. It is blocking traffic. Law enforcement is also en route.

UPDATE 7:39 p.m.: One person is complaining of head pain.

State Police arrest Darien Center man following report of burglary in progress in Clarence

By Howard B. Owens
Casey Lafleur

Dispatched to investigate a burglary in progress on Main Street in Clarence, troopers spotted a man they believed was fleeing north from Main Street.

Casey L. Lafleur, 24, of Darien Center, was stopped and later arrested.

Lafleur allegedly entered an unlocked enclosed port and went into the residence through a closed, locked door, causing damage to the doorway. He then left the residence, police said.

He is charged with criminal trespass, 2nd, criminal trespass and criminal mischief, 4th.

Lafleur was arraigned in Clarence Town Court and released on his own recognizance. 

Batavia to receive $750K for bike path in city

By Howard B. Owens

The governor's office has announced a $750,000 grant for a community bike trail in the City of Batavia.

From the press release:

Governor Andrew M. Cuomo today announced approximately $70 million in awards to fund 68 bicycle, pedestrian and multi-use path transportation projects in New York. The projects, funded by the Federal Highway Administration and which leverage a total investment of $103.7 million, will promote walking and biking, and boost tourism and economic development opportunities in dozens of communities across the state.

"These projects will help communities become more walkable and bicycle friendly, as well as show off the natural beauty that exists in every corner of this state,” Governor Cuomo said. “I thank the Federal Highway Administration and our representatives for helping the state secure this funding so that residents and visitors alike can enjoy New York like never before."

The projects include the addition of accessible sidewalks, improved pedestrian access to public transportation services, construction of new bicycle and pedestrian facilities, and the preservation and conversion of abandoned railroad corridors for trail use.

New York State Department of Transportation Commissioner Joan McDonald said, "We are investing in projects that meet the increasing public demand for walkable and bikeable communities, while promoting sustainable transportation alternatives, tourism and recreation, and local and regional economic development. Governor Cuomo has shown a historic commitment to investing in transportation infrastructure in New York State, including making bicycle and pedestrian safety a priority."

The funds are made available to the State through the Federal Highway Administration and are administered by the State Department of Transportation. The program provides up to 80 percent of the cost of each project, with the remaining share coming from the project sponsor. The funds are dedicated for strategic investments in transportation alternatives and with a local sponsor match of more than $33.6 million, support a total investment of nearly $103.7 million.

The projects announced today were chosen through a competitive solicitation process and rated on established criteria that included public benefit and community support for the project; connectivity to an existing transportation system; how well the proposed improvements benefit walking and bicycling; impact on local or regional economies; availability of matching funds; and ability to deliver the project within federally required timeframes. (A total of) 135 applications were received.

Selected projects relate to one or more of the following categories: on-road and off-road trail facilities for pedestrians, bicyclists and other non-motorized forms of transportation; infrastructure-related projects and systems that provide safe routes for non-drivers to access daily needs; use of abandoned railroad corridors for surface-transportation related trails; scenic byway turnouts and viewing areas; safe routes to school; construction of boulevards and complete streets thoroughfares; and storm water management related to highway runoff.

The full press release goes on to list the other projects in the state.

UPDATE: The DOT sent over this supplemental information about the Batavia project.

  • City of Batavia: Healthy Schools Corridor: $720,657 -- Sidewalks on Summit Street, Liberty Street, South Liberty Street and Washington Avenue; Benefits schools and businesses.

Former Batavia city councilman and Le Roy HS grad to be remembered Sunday at Terry Hills

By Billie Owens

Former Batavia City Councilman and Le Roy High School graduate Barry W. Bower died Wednesday (Oct. 22) at the University of Maryland Medical Center. He was 81 and a resident of Hanover, Pa.

Born Oct. 26, 1932, in Batavia, he was the son of the late Roland H. and Vivian (Chapman) Bower.

He was retired from Scott Foresman Company in New Jersey after working there many years. After graduating from Le Roy HS, he attended the State University Teachers College in Geneseo. He was an Army veteran who enjoyed bowling and was an avid golfer. He loved the Batavia Muckdogs, but especially enjoyed spending time with his family.

Friends and colleagues are invited to join the family for a Celebration of Life from 2 to 5 p.m. Sunday, Nov. 2, at the Terry Hills Restaurant and Banquet Facility Conference Room, 5122 Clinton Street Road, Batavia, NY.

Online condolences and memories may be shared at:  www.murphyfuneralhomeinc.com

For his full obituary, click here:  http://thebatavian.com/obituaries

GCEDC approves amended purchase agreement for insurance auction house in Bergen

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved an application for an amended purchase agreement for Insurance Auto Auctions, Inc. (IAA) at its Oct. 27 board meeting.

“Even before IAA has put a shovel in the ground, the company is already expanding its footprint which bodes well for our region in terms of jobs and continued economic development in Genesee County,” said Steve Hyde, president and CEO, GCEDC.

In June, the GCEDC board accepted IAA’s offer to purchase 30 acres at Apple Tree Acres. During the company’s due diligence period, IAA’s engineers discovered that more useable acres were required to meet the long-term objectives of the company. The GCEDC and the Town of Bergen worked with IAA to increase the proposed site to 36.2 acres. The Apple Trees Acres Corporate Park is a 119-acre site in the Town of Bergen located on routes 33 and 19.

“IAA is committed to expanding its presence in communities where there is strong customer demand,” said John Kett, CEO and president of IAA. “We look forward to being part of the Bergen community, and thank the GCEDC board for approving this application, which will enable us to better serve our customers and providers in the area.”

Insurance Auto Auctions, Inc., (IAA) is the leading live and live-online North American salvage vehicle auction company with the most auction facilities footprint in North America. The company is committed to providing customers with the highest level of services and has more than 160 auction facilities across the United States and Canada offering towing, financing and titling services. IAA provides registered buyers from around the globe with millions of opportunities to bid on and purchase donated and salvaged vehicles.

City police chief reminds trick-or-treaters that Halloween activities are from 5 to 9 p.m. - use caution, have fun

By Billie Owens

The City of Batavia will observe Halloween activities from 5 to 9 p.m. on Oct. 31st only. Police Chief Shawn Heubusch reminds trick-or-treaters to use caution when crossing any street; always use a clearly marked crosswalk; and look both ways before entering the crosswalk. Younger trick-or-treaters should always be accompanied by an adult. Be safe and have a Happy Halloween!

Only three weeks left for GC nonprofits to apply for United Way grants

By Billie Owens

Press release:

Each year the United Way of Genesee County has supported local nonprofit agencies with funding for programs and services through the United Way Community Fund.

Following an extensive review of our community needs, the Board of Director of the United Way has approved the 2014 Building Blocks for Change. This will allow UW staff and volunteers to better respond to the needs of a changing community.

This marks a big departure from how grants have been distributed in the past and funding is available to ANY nonprofit in Genesee County, according UW Regional Director Erik Fix.

Building Blocks for Change will focus on three areas:

  • Investing Today for a Better Tomorrow -- grants ranging from $2,500 to $15,000 with a total of $150,000 available -- for learning and enrichment, proactive prevention and mentoring
  • Meeting Basic Needs -- grants ranging from $5,000 to $20,000 with a total of $75,000 available -- for emergency services, basic needs programs;
  • and Creating Long-term Solutions -- grants ranging from $500 to $5,000 with a total of $25,000 available -- for community development.

Funding will be available for up to a two-year funding cycle beginning in February 2015. Applications are available now and proposals will be accepted until Nov. 15.

Eligible agencies must be not-for-profit, community-based organizations and/or faith-based organizations that have current 501c3 status. Grants are awarded to agencies in Genesee County that meet the needs of our community.

Final funding awards will be at the discretion of the UW Allocations Committee and Board of Directors.

Applications are available by e-mailing UW Regional Director Erik Fix at:   erik.fix@uwrochester.org

The due date for all applications is Nov. 15.

Once accepted, agencies will receive additional information from the United Way, including six-month report instructions and expectations of United Way Agencies.

United Way of Genesee County
29 Liberty St.
Batavia, NY 14020
585.343.8141

Photos: Auction at Delavan's clears out building

By Howard B. Owens

Dozens of people, including a few local business owners, packed into the former Delavan's Restaurant, 107 Evans St., Batavia, this morning for an auction of the building's contents.

Everything sold, except for the kitchen sink and the building it's attached to.

The real estate is still available, so here's your chance to own your own bar and grill, or maybe the ultimate man cave.

The auction was conducted by Bontrager's.

Law and Order: Allegations of domestic violence, pot possession, skipping out on hotel stay

By Billie Owens

Carolina M. Frias, 34, of Law Street, Batavia, is charged with theft of services, petit larceny and criminal mischief. She was arrested Oct. 23 at about 6:20 p.m. in front of 140 W. Main St. for alleged petit larceny, criminal mischief, 3rd, and theft of services stemming from an incident on Oak Street on Oct. 22. Frias is suspected of damaging and removing various items from a hotel without permission along with not paying for her stay. She was jailed in lieu of $2,500 cash or bail. The incident was investigated by officer Nedim Catovic, assisted by officer Eric Foels.

Abner C. Black, 60, of Liberty Street, Batavia, is charged with third-degree assault and criminal mischief, 4th. Black was arrested in front of City Centre on Oct. 25 following an incident on Oct. 24 in which he was allegedly involved in a domestic dispute on Chandler Avenue. He allegedly shoved a female against a refrigerator and took her cell phone when she tried to call 9-1-1. He was jailed in lieu of $3,000 cash or bail. The incident was investigated by officer Nedim Catovic.

Donna Ann Corcoran, 41, of St. Mary's Street, Pavilion, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and second-degree promoting prison contraband. She was arrested in the Town of Pavilion on Oct. 24 and brought to jail for an incident related to a DWI investigation. While inside the Genesee County Jail, it is alleged that Corcoran possessed a controlled substance and marijuana, which led to the aforementioned charges. She was issued an appearance ticket and is to answer the charges in city court on Nov. 19. Corcoran was also charged with driving while ability impaired by alcohol, failure to keep right and consumption of alcohol in a motor vehicle in the Town of Pavilion. She received traffic tickets for those alleged offenses and is to appear Nov. 18 in Pavilion Town Court. The incident was investigated by deputy Joseph Graff.

William J. Mellema, 50, of Almay Road, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, unlicensed operation of a motor vehicle, and driving over state 55 mph limit. On Oct. 11 on Route 98 in Elba, Mellema was arrested on the charges following a traffic stop in which he allegedly admitted to having a bag of pot and a glass smoking pipe. He was arraigned in Elba Town Court and jailed on $800 cash bail or $2,000 bond. He is scheduled to reappear in Elba Town Court on Nov. 18. The incident was investigated by deputy Joseph Loftus, assisted by deputy Joseph Graff.

Harold Chinn, 49, of North Main Street, Oakfield, is charged with petit larceny for an incident that happened on Sept. 23 on Veterans Memorial Drive. Chinn allegedly stole a cell phone that another patron of Walmart had left behind at the check-out counter. He was arrested Oct. 19 and issued an appearance ticket for Batavia Town Court on Nov. 3. The incident was investigated by deputy Joseph Loftus.

Monique Annette Mcmillian, 30, of Elmdorf Street, Rochester, is charged with aggravated unlicensed operation of a motor vehicle, 3rd, and operating a vehicle with a suspended registration on Oct. 9 in Stafford. Following her release from Monroe County Jail, Mcmillian was turned over to the Genesee County Sheriff's Office and subsequently arrested and jailed on $175 bail or $250 bond. She is to reappear in Stafford Town Court on Nov. 13. The incident was investigated by deputy Joseph Graff.

City will flush hydrants this week north of West Main and west of Bank Street

By Billie Owens

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Tuesday, Wednesday and Thursday, Oct. 28, 29, 30 at approximately 9 a.m. to 3 p.m. in the general area north of West Main Street and west of Bank Street. Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored.

Photos: 22nd Annual Halloween Parade

By Howard B. Owens

Several dozen children in costumes turned out in blustery weather for the 22nd Halloween Parade in Batavia this afternoon.

The event was sponsored by The Batavia Area Jaycees, Batavia's Original, Oliver's Candies, Batavia Youth Bureau and Vibrant Batavia.

Top Items on Batavia's List

Gas stove, dryer, queen bed and boxspring, books, bikes, legos, mens and womens clothing and much more. Cash and Venmo accepted. May 24-26 8am-? 5050 Batavia Elba Townline rd Batavia 14020
Tags: garage sales

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