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Crash, unknown injuries on Clinton Street Road

By Billie Owens

A two-car accident is reported in front of Select Collision, 5273 Clinton Street Road. Unknown injuries. It is not blocking traffic. Stafford Fire Department is responding, along with Mercy medics.

Law and Order: Attica woman accused of attempting to bite and punch nurse

By Traci Turner

Kerri L. Forsberg, 43, of Alexander Road, Attica, is charged with attempted assault, 2nd, and obstructing emergency medical services following an incident at United Memorial Medical Center in Batavia. Forsberg, who was admitted as a patient, allegedly attempted to bite a nurse and punched the nurse in the stomach several times. She was jailed on $10,000 bail.

Jeffrey M. Currier, 33, of Bank Street, Batavia, is charged with criminal contempt of court, 1st, criminal trespassing, 2nd, and harassment, 2nd. Currier allegedly violated an order of protection in place from the Town of Alabama Court. He is accused of calling and physically confronting the protected female. He was held on $50,000 bail.

Jamie L. Soto, 40, of West Main Street Road, Batavia, was arrested for a parole violation. Soto allegedly was in violation of terms regarding a supervised release by New York State Parole. The Genesee County Sheriff's Office assisted with the arrest. She was jailed.

Jacqueline A. Thompson, 46, of Naramore Drive, Batavia, is charged with allowing her dogs to habitually bark. According to Thompson's neighbor, she allegedly let her pair of German shepherds bark continually and habitually for 45 minutes. She was issued an appearance ticket.

Harry T. Gibson, 51, of North Spruce Street, Batavia, was arrested on an outstanding warrant issued by Batavia City Court for violation of probation while at the court for another matter. Gibson was held on $5,000 bail.

James E. Wroten, 48, and Eugene L. Sumeriski, 35, both of Olyn Avenue, Batavia, are charged with petit larceny and conspiracy, 6th. Wroten and Sumeriski allegedly stole an 18-pack of Keystone Ice from Hess Express in Batavia.

James C. Hardy, 41, of Ross Street, Batavia, is charged with criminal mischief, 4th, and menacing, 3rd, following an incident at his resident. Hardy allegedly damaged property and raised his hand in an attempt to strike the victim.

Kurt. W. Hersee, 47, of Prospect Avenue, Batavia, is charged with assault, 3rd, following an incident at City Slickers Bar & Grill. Hersee allegedly punched another patron at the location. 

Michael J. Lathan, 29, of Briarwood Terrace, Batavia, is charged with criminal mischief, 3rd, following a complaint that happened in the Town of Batavia on June 24. Lathan allegedly smashed the exterior door to a residence with a hammer, causing more than $400 in damage.

Charles L. Smith, 41, of Richmond Avenue, Batavia, is charged with bail jumping. Smith is accused of failing to reappear in court after a case in the Fall of 2014.

Courtney M. Digennaro, 21, of Lewiston Road, Basom, turned herself into Batavia Police for two arrest warrants for parking tickets from 2013. Digennaro was released after posting $100 bail.

Friday frivolity: if animals could talk

By JIM NIGRO

Murph and Charlie were on their way to dig tunnels in the flower bed when Murph spotted trouble approaching from the rough growth at the edge of the yard. "Uh-oh -- look who's back," he said. "Do ya think two of us can handle 'im?" asked Charlie. "No way -- he didn't get that big eatin' just bugs," Murph said.

Slinking through the rough that bordered the lawn was a slithering nemesis who had time and again menaced the local chipmunks. Having spotted his potential quarry, the sinister creature mused to himself, "Isthmus be my lucky day! Little fur balls! Boy oh boy! This should be a piece of cake!"

"Listen," whispered Murph to Charlie, "we're gonna need help. Go fetch the Muldoon brothers -- they always enjoy a good scrap -- and be quick about it."

"Hey Seamus, Rory, we need your help -- the snake is back!" As expected, the Muldoon bros pledged their support, no questions asked.

"Count us in" chorused the Frawley clan, sensing the excitement and eager to join the fray.

With reinforcements on the way, Murph is temporarily on his own when he comes face to face with the adversary.......

"Hello there, my little furry and tasty friend.......why don't you come a little closer, hmmm?" No sooner had the sinister menace lisped those words when he heard approaching movement in the grass.

Raising his head to better scope out the situation, the slithering reptilian suddenly sees the potential for a one-sided melee, and the odds are no longer in his favor.

Subtle, stealthful, and none too foolish, the serpent retreats to the rough from whence he came. As for the chipmunks, they went happily about their business of once again making holes in the lawn and flower bed.

Batavia brothers bring the noise

By Jess Wheeler

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Scott DiMartino played in local bands as a teenager. He had all the sound equipment needed for his big idea. In December, he approached his brother, Danny DiMartino, with the idea to set up a portable night club in Batavia. They bought a light setup and are now staging events at T.F. Brown’s and Billy Goats with their business, Esdee Entertainment.

“Batavia has a lot of culture for bars,” Scott said. “There is Center Street, Bourbon & Burger and other places. As far as dancing goes, there isn’t really much to offer. It’s the same bars, the same bands, the same nights.”

The brothers never thought that Batavia was big enough to support a nightclub for more than six months. Scott is hoping that monthly events will get people out and give them exposure to a different scene they may not have necessarily seen before.

“We want to bring something different to this town,” he said. “People in Batavia may not have seen real mixing on turntables and that’s what we want to bring.”

The idea came to Scott after his friend, Macy Paradise, came back from Colorado for a visit. He asked Scott to play a show with him at T.F. Brown’s. At the event, Paradise spun records and DiMartino played the drums. The response was overwhelming.

“Tons of people showed up,” DiMartino said. “We received so much support from the people of Batavia that night.”

DiMartino praises Paradise and his brother for their help with bringing his idea to life, but he really does it out of his love for music. He works 55-hour weeks at his full-time job. Yet, he somehow finds the time to plan events to share his passion with the rest of Batavia.

“We are just two brothers who love music and bought a bunch of stuff with a ton of support from the community,” he said.

The duo is hosting their next event on July 24 at Billy Goats. The $5 throwback dance party is for the 21-and-over crowd. Music will be exclusively from the '80s, '90s and early 2000s. The brothers hope to turn the occasion into a giant karaoke party.

“I want to see the looks on people’s faces when they say, ‘Oh my god, I forgot this song existed!’ ” DiMartino teased. “People are going to have a really good time. I couldn’t be more excited to share this with my hometown.” 

Check out their Facebook page for updates on their future events. 

Photos by Steve Ognibene

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Federal agents disclose ongoing investigations into the sale of synthetic drug 'Flakka'

By Howard B. Owens

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While incidents involving apparent synthetic-drug use in Genesee County have dropped dramatically since the closure of the 420 Emporium, on Ellicott Street, in July 2012, the use of drugs created in clandestine overseas labs to mimic more common street narcotics is still an issue locally, according to officials.

A federal agent revealed in a press briefing in Buffalo today that there are "a couple" of ongoing investigations in Genesee County into the sale and distribution of Flakka (aka Alpha-PVP).

"The investigations involve Genesee County people," said Special Agent Brad Brechler, with Homland Security, but he offered no further details.

Brechler and Special Agent Frank Zabawa conducted a briefing for a few members of WNY media in Buffalo today to discuss what they're seeing in the region regarding synthetic drugs and how federal authorities are responding.

The issue is much bigger in Buffalo and Niagara County than it is in Batavia, a point seemingly underscored by Brechler when pointing out that the first arrest in WNY for the sale and transportation of Alpha-PVP was in Genesee County in January 2013, but in that case the two suspects were from the Steuben and Niagara counties, not Batavia, and there was no suspicion in that case of the drugs being sold locally. Batavia was just a convenient meeting place for dealer and distributor, Brechler said.

Greg Walker, head of the Local Drug Task Force, said in a separate interview today that the task force has not been involved in the current federal investigation into the local sale of Alpha PVP, but he said there have been recent indications of synthetic drugs in and around Batavia, such as deputies coming across subjects with medical conditions that suggested chemical injection of some type or subjects behaving strangely.

It's not been common or widespread by any means, Walker said.

Flakka is described in media reports as a potent hallucinogen that officials consider addictive and dangerous.

The primary country of origin appears to be China, the agents said, and that's a trade the Chinese government is doing little to stem.

"The Chinese say one of their main industries is researching chemicals for the world," Brechler said. "Until a drug is illegal in their country, they're not interested in doing anything about it."

The drug is easily obtainable over the Internet. Often, the Chinese drug manufacturers will provide U.S. dealers with Web sites, and when federal authorities seize a drug-trade Web site, the Chinese companies will have a new Web site with a new domain name set up for the same dealer in a matter of days.

Online ordering, however, does not necessarily translate into widespread sales to users.

Most online sales go to distributors.  

Users tend to be cautious about getting purchases traced back to them and most distributors require a minimum order of 25 grams, Brechler said. 

That would cost from $300 to $350, a steep price for an addict.

Those 25 grams have tremendous street value, however. A gram typically sells for $80 to $120, making 25 grams worth at least $2,000.

"The drug is so addictive, you will see people hosting house parties and just giving it away," Brechler said.

Dealers also convince their buyers that it takes a special connection in China to get the drugs.

"Some users don't realize how easy it is to get," Brechler said.

Flakka is now a controlled substance, but that doesn't make it any easier to detect when it's coming into the country. The favored port of entry is the JFK Airport because JFK deals with the highest volume of overseas mail. It's easier to slip a package through just because of the massive amount of mail officials must sort through.

Drug-sniffing dogs won't detect it and the package sizes tend to be small.

As part of an investigation, agents purchased a supply of synthetic drugs from a Chinese company and it arrived with four large pills inside. Three pills were benign chemicals and one contained the drugs, but agents e-mailed the distributor to ask which pill was their order.

"Your drugs are in the blue pill," was the reply.

"The Chinese are open about it in their e-mails," Brechler said. "Some of the more sophisticated dealers in the U.S. use coded communications, but they don't always use code and talk about it openly because of the gray area legally of drug analogs."

Synthetic drugs are illegal either because they've been identified as controlled substances, or their chemical make up is clearly intended to mimic a controlled substance. Those are known as analogs and are governed by another set of laws.

Because synthetic drugs are changing constantly and are easy to distribute and hard to detect, one of the most important responses to the drug isn't enforcement, the agents said, it's education.

Homeland Security provides bar owners, schools and concert venues information on how to recognize a possible overdose on a synthetic drug and how to provide immediate treatment until medical professionals arrive.

There was no indication from the agents when and if arrests will be made in connection with the local investigations.

Top Photo: the agents hold recently seized drugs. Bottom photo, an agent demonstrates a device that can detect synthetic drugs. It uses a laser that can detect the chemical makeup of a substance inside a bag so the agents do not need to open the bag and risk their health and safety. The device can only identify a substance already in the federal database of chemical compounds that are controlled substances or analogs, otherwise, the device reports an "inconclusive" test.

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Expect traffic delays later this month on North Street due to city road work

By Billie Owens

Press release from the city's Bureau of Maintenance:

On Monday, July 20, between 7 a.m. and 7 p.m. North Street from Ross Street to Naramore Drive will experience traffic delays. Traffic will be reduced to a single lane for cold milling operations. Then on Wednesday, July 22, between 7 a.m. and 7 p.m., the same area can expect traffic delays because of paving operations.

The following streets that intersect with North Street will see temporary traffic closures preventing access to North Street while cold milling and paving operations are ongoing:

  • Manhatten Avenue
  • Columbia Avenue
  • Vine Street
  • Trumbull Parkway
  • North Spruce Street
  • Allenview Drive
  • Naramore Drive

Residents and businesses are not to park on the roadway during cold milling and paving operations.

Residents and businesses of North Street, from Ross Street to Naramore Drive, will have access to their properties, but should expect delays when cold milling and paving operations are in front of their properties. If work is postponed by weather, work will be rescheduled for the next calendar day.

All other traffic is asked to avoid this area and seek alternate routes. Thank you for your cooperation.

Task force recommends Swan Street site for new police station

By Traci Turner

The Police Facility Task Force recommends the 35 Swan St. site as the most viable location for the new police station.

The task force voted 6 to 1 in favor of the site at its final meeting Tuesday night. The next step is to bring the recommendation to City Council.

"Really what we felt in terms of the Swan Street location is we think financially it was the second-cheapest option," Chariman Marc Staley said. "The location is excellent and the property has already been demolished."

The industrial site is located near Main Street and Ellicott Street and the cost of the project is estimated at $12 million. The large site opens up the opportunity for expansion of the police station if it is needed in the future. 

Some environmental cleanup was done by the owner of the site. If City Council moves forward with the recommendation, environmental studies will be conducted before any purchase.

The majority of the task force has been favoring the location for a couple months now.

Member Peter Garlock's vote against the location came as a shock to the task force. Garlock sent a two-page letter outlining his opposition to build a new police station a few hours before the final meeting -- opposition he never mentioned before in prior meetings, Staley said. In the letter, Garlock stated the current police station should be renovated and shared services with the Genesee County Sheriff's Office should be considered.

The task force has been meeting since December analyzing approximately a dozen sites. After walking all the sites, conducting studies and having numerous architectural drawings done, Staley feels comfortable with the recommendation. The task force has also been working closely with Chief Shawn Heubusch who supports the site.

"Now the decision is whether to invest in the community or not," Staley said. "If we go ahead and build the new police station, I think it's a spot that will hold our police here in the city for the next 75 to 100 years."

On Aug. 10, the task force will present its recommendation in a written final report to the City Council. 

Law and Order: Batavia man accused of possession of controlled substance

By Traci Turner

Tyler J. Long, 20, of Liberty Street, Batavia, is charged with two counts of criminal possession of a controlled substance, 7th, and one count of unlawful possession of marijuana following an underage drinking investigation in the Town of Sheldon. Long allegedly was drinking alcohol in a concert parking lot when deputies found him to be in possession of Ecstasy, Adderall and marijuana.

Matthew D. Schwartz, 23, and Victoria L. Brown, 19, of Bergen, are charged with criminal contempt, 2nd, a class A misdemeanor. State troopers responded to a residence within a trailer park on Clinton Street Road, Bergen, for a report of criminal mischief. After an investigation, troopers found there were orders of protection in place prohibiting contact between the two. Schwartz and Brown were put in the Genesee County Jail on $1,000 bail.

Katherine J. Vail, of Fitch Street, Churchville, is charged with unlawful possession of marijuana, failure to stop  at a stop sign, speeding and consumption of alcohol in a motor vehicle. Following a traffic stop on Parkview Drive in Bergen, Deputy Joseph Corona allegedly found Vail in possession of a quantity of marijuana.

A 17-year-old male from Rochester was found to be in possession of a small quantity of marijuana following a traffic stop. Officer Michael Petritz pulled over the male for speeding and no right on red on Route 77 in Corfu. The male was issued tickets and an appearance ticket.

The Wyoming County Sheriff's Department responded to a two-car accident with entrapment on Route 238 in Attica on July 5. All the occupants were removed from the vehicles and treated before deputies arrived. Following an investigation, Russell Irwin, of Batavia, was allegedly found to be following too closely behind David Snyder. Sndyer was making a right turn into a driveway when Irwin struck him. Irwin was issued a citation.

Gas leak at Richmond and Oak in the city

By Billie Owens

A gasoline leak is reported at Richmond Avenue and Oak Street. Law enforcement is on scene. City fire is responding, non-emergency mode.

UPDATE 2:46 p.m.: Fuel spill clean up. Engine 11 returning to service.

Possible rollover accident near Judge and Cedar roads, Alabama

By Billie Owens

A possible rollover accident is reported in the area of Judge and Cedar roads. Alabama fire and Mercy medics are responding. The call was an automated one from the vehicle's OnStar security system and there was no voice upon a call back from a dispatcher.

UPDATE 11:28 a.m.: Alabama's Engine 1 is back in quarters. Law enforcement is on scene with the vehicle and driver.

Muckdogs starting to hit their stride

By Kurtis Dunlap

After a rough start to the season, the Muckdogs pitching staff is starting to find their groove as they pitched the Muckdogs to a 4-1 victory on Wednesday night.

The Muckdogs were home to face off against the Auburn Doubledays after taking 2-of-3 from the West Virginia Black Bears over the weekend.

Justin Jacome started for Batavia and threw three quality innings. He struck out four, walked one and only allowed one hit.

Nestor Bautista would come in relief of Jacome in the fourth. Bautista only allowed four hits over four and two-thirds innings pitched. He struck out three.

“Solid job, they pitched to contact and kept them of balance,” Manager Angel Espada said. “They used their stuff really well."

The Muckdogs would plate one run in each of the first three innings in route to their sixth win of the year. 

Giovanny Alfonzo sparked the offense when he singled in the first and was able to get to second base after an overthrow to first base. Hot hitting Brad Haynal would single, scoring Alfonzo from second, making it 1-0.

Batavia would score again in the second when Eric Fisher would triple to lead off the inning.

Left-fielder Brandon Rawe would then single, scoring Fisher from third.

Haynal was once again involved in the action in third inning.

Stone Garrett worked a two-out walk and then stole second. Haynal would then single to score Garrett, making it 3-0 Muckdogs. Batavia would threaten with runners on first and third but Doubleday pitcher, Taylor Hearn was able to get Fisher to fly out to second.

“It’s starting to come around better as a whole team,” Haynal said. “It’s not just one guy doing it, we got everyone through the lineup moving guys.”

The Muckdogs were able to plate another run in the eighth to make the game 4-0.

Garrett would reach base on an error by the third baseman and be moved to third on a perfectly executed hit-and-run with Dunbar.

Fisher then hit a sacrifice fly to left field, scoring Garrett.

“Our pitching got better, like we knew it was going to get better, and we are getting some timely hitting,” Espada said. “You put those things together and you should be coming on top."

Auburn was able to break up the shutout in the ninth inning when David Kerian crushed a Steve Farnworth pitch for a one-out single. He would then move to second on a wild pick-off attempt.

Matthew Page then doubled to score Kerian. Farnworth dug deep and ended the threat by striking out Jakson Reetz and Randy Encarnacion to end the game.

Unlike in the beginning of the season, the Muckdogs can count on hitters one through nine instead of just the guys at the top of the lineup.

“It’s hard when only a couple guys are pulling weight,” Haynal said. “Now I think everyone through the lineup is able to do some damage…a lot of people around baseball know hitting is contagious.”

Haynal finished the game 2-for-3 with 2 RBIs. Fisher was also 2-for-3 with a triple, a RBI and a scored run.

Bautista improved his record to 2-1 while Farnworth picked up his third save.

The Muckdogs travel to Auburn today but will be back home on Friday to take on the Doubledays in the series finale.

There will be fireworks following the conclusion of the game.

First pitch is scheduled for 7:05 p.m.   

GO ART! displays photos at Muller Quaker

By Steve Ognibene

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Local photographer Jim Burns is featured for the next three months at Muller Quaker Dairy with some of his photos. 

The Genesee-Orleans Regional Arts Council (GO ART!) rotates photos at the dairy for people that come to visit to take tours and also for employees to view. 

The display will be up until Sept. 30th

More of Jim Burns' work can be found here: Jim Burns Photography

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Fallen Deputy Frank Bordonaro honored by the Badge of Honor Association

By Traci Turner

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Working midnight shifts in the days before he died of a heart attack, Deputy Frank Bordonaro handled some very stressful calls -- a fire where he may have saved the life of a homeowner and a farm-vehicle accident that took the life of a 22-year-old man. 

People don't realize it, but stress and motor-vehicle accidents claim the lives of more police officers than crimes of violence, said Gary Pullen, of the Badge of Honor Association.

Bordonaro was honored today by the Badge of Honor Association in a sign dedication outside the Sheriff's Office headquarters on Park Road, Batavia.

A few tears were shed as Bordonaro's two sons, Bryce and Chase, stood solemnly with their heads bowed and unveiled the sign dedicated to their father. Yesterday marked the one-year anniversary of his death. Bordonaro died unexpectedly of a heart attack after handling several high-stress calls. 

On July 5, Bordonaro responded to a house fire on North Road in Le Roy. He saved one of homeowners from reentering the fire to rescue his dog. On July 6, he responded to a farm accident involving a pea combine and a car. Carmelo Rivera, 22, of Holley, was pronounced dead at the scene after he crossed the center line on Route 19 near Bissell Road in Bergen and struck a pea combine head on. Bordonaro completed both the investigations himself and worked his last shift on July 7, a night of heavy rains.

Bordonaro's family, officers from throughout the county, state troopers and members of the community attended the ceremony to remember a heroic comrade. The Genesee County Sheriff's Office and the Badge of Honor Association worked together to plan the sign dedication and memorial site. 

The association, a group of volunteers, many of whom are police officers, travel all over the state to put up memorial signs for officers who die in the line of duty. According to President Justin Collins, they have dedicated 150 signs in Upstate and Western New York. 

Next to the sign, a tree and flowers were planted. Bubba's Landscaping donated all the work and materials.

A tree was chosen to be planted for several reasons. The roots on the tree symbolize Bordonaro's roots as an officer. The trunk stands for the foundation and strength of the Genesee County Sheriff's Office. The leaves are living proof that Bordonaro's roots will carry on.

Sheriff Gary Maha remembered Bordonaro as a hard worker who was dedicated to serving the community. He served at the Sheriff's Office for 19 years. According to Maha, he put the safety of other officers before his own and would always be the first one to knock down the door and enter a dangerous situation. 

"He was there to back up his guys," Maha said. "He was a mentor for many of the young officers and you could depend on Frank."

Bordonaro's wife, Robin, is grateful for the tribute the Badge of Honor Association and Sheriff's Office dedicated to her husband. She knows her husband will never be forgotten and his memory will last among the department.

"The whole Sheriff's Department has been amazing to us and has treated us like family this whole time," Robin Bordonaro said. "They are our extended family and it's a brotherhood and we're still a part of it and they still will always be a part of us."

Robin Bordonaro urges people to consider the extensive amount of stress officers have to endure and the toll it takes on their health. Her husband had investigated several high-stress calls including a house fire and fatal motor-vehicle accident days before he took a heart attack and died. According to reports from the National Institute of Occupational Safety and Health, the risk for cardiovascular disease is higher among law enforcement officers than for the rest of the population.

"I wish more people would realize throughout the county agencies that a line-of-duty death is more than just being shot and killed on the job," Frank's widow said. "The stresses of the job can cause heart attacks and take them away from their families and the county doesn't want to realize that. They are fighting us on that and it's a shame."

In addition to the sign dedication, the Badge of Honor Association is setting up a Go Fund Me page to raise money for the Bordonaro family.

Photos by Howard Owens.

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Accident with possible vehicle fire reported on Thruway

By Howard B. Owens

A two-car accident is reported on the Thruway in the area of mile marker 397.5.

That's by the Pembroke Service Area.

One vehicle is reportedly on fire.

East Pembroke fire and Mercy medics dispatched.

UPDATE 7:58 a.m.: Minor injuries reported.

BDC releases info on Brownfield Opportunity Area for Batavia

By Howard B. Owens

Press release: 

Less than a century ago, Batavia’s downtown was bustling with industry, where innovators relocated from New York City to mass produce farm implements to World War II incendiary bombs. These factories employed thousands of workers and took advantage of easy transportation, the railroad and nearby markets. But, the bygone era left a wake of deteriorating buildings, vacant lots and ground contaminants within City limits, a.k.a brownfield sites. Today, City leadership proclaims robust performance-based tax incentives available for the taking to return these underutilized or abandoned locations into vibrant mixed-use places.

In April, the New York Department of State (DOS) officially designated Batavia’s central corridor a Brownfield Opportunity Area (BOA) listing five strategic redevelopment sites. On a parallel track, the City’s local development corporation encouraged Councilmembers to adopt real property tax exemptions and they chased other tax credits to motivate real estate investment. Bold incentives are now in place.

“We could stand by and let these properties continue to decay the neighborhood or do something about it,” City Manager Jason Molino said.

Do something about it, they have. The City has worked to increase its bond rating to A1, turned a multimillion dollar deficit into a balanced budget with capital reserves and secured more than $5,000,000 in grants to improve existing industrial areas, upgrade infrastructure and study the longtime stagnant community.

A Community Improvement Plan was released in 2012 emphasizing an upgrade in housing stock followed by local adoption of real property tax exemptions that offer 12-year tax-bill discounts for converting non-residential buildings into mixed-use spaces. Shortly after, a sizeable $265,000 New York State Department of State BOA grant enabled local activists to grease the skids even further.

“It took four years but, the grant allowed us to hire a consulting team and organize a local Steering Committee to define market opportunities, investigate the ground and write a plan to move our central business corridor into the 21st century,” Molino said. “We know our small city can offer the conveniences and experiences of a larger city, but at an affordable price.”

The challenge was to determine if the real estate community would invest in the area. Now, the market reports and community confidence suggest they will.

The expert-led and community-inspired BOA plan was formally adopted by City Council in June 2014 and handed off to the City’s local development corporation to implement. The Batavia Development Corporation (BDC) immediately retained Harris Beach PLLC, a known deal-maker in the State to guide the efforts.

“It’s funny how the BOA designation appears like a badge of honor,” said Julie Pacatte, BDC coordinator. "It reads like a proclamation from DOS. In truth, it’s bittersweet. Sad we have these blighted areas but happy it sanctions bonus tax credits rewarding investment.”

Gaining access to that tax credit program is a whole different process, according to Pacatte.

The BDC Board authorized cash reserves to extend environmental investigation and to hire Harris Beach and LaBella Associates to prepare the New York State Department of Environmental Conservation Brownfield Cleanup Program (BCP) application. DEC serves as the gatekeeper to request access to the State tax credit program.

“It is a 643-page document enumerating data with compelling narrative to justify access to the program,” Pacatte said. “The BDC Board is clearly determined to advance the BOA plan.”

Unfortunately, their ambitious goal to go to market last year was stalled by expanded data collection, typical land assembly delays and uncertainty with the BCP as it under-went reform during the State’s budget process. Nevertheless, advocates still believe Batavia remains milestones ahead of other communities.

“The BDC’s approach is aggressive and recommended,” said Bob Murray, partner, Harris Beach PLLC. “To enter the BCP prior to marketing the property assures a preferred developer significant refundable NYS tax credits potentially worth up to 64 percent of total costs incurred for remediation, site preparation and new capital expended on that parcel. Not many communities are as proactive and committed.”

The BDC has released its first request for proposals addressing “Ellicott Station” a four-acre downtown redevelopment area that has confirmed acceptance to the BCP. The proposals are due next month, by Aug. 12.

“It was a no-brainer to spend the time and money necessary to line up these credits,” said Ray Chaya, BDC Board president. “No longer do we need to stand by to wait for investors, we are bringing the ROI to them.” 

For more information, visit the BDC Web site.

Hawley knocks Cuomo for holiday weekend restrictions on highway contractors

By Howard B. Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today criticized Gov. Cuomo’s moratorium of roadwork done by private contractors during the Independence Day weekend. The governor announced in a press release last week that private contractors working on state roads and highways would have to cease work and remove equipment not behind a permanent barrier starting July 3 at 6 a.m. until July 5 at 10 p.m.

“I certainly understand the need to make last weekend’s travels as convenient as possible for motorists but it is unfair and burdensome to small businesses to ban them from making a profit for three days,” Hawley said. “This added a large cost to local businesses by denying a potential three days of work and mandating that equipment be moved without reimbursement from the state. Gov. Cuomo should not be penalizing the private sector for a bad traffic experience he had during a holiday weekend several years ago.

"This is another example of how Downstate issues are projected throughout the state and inconvenience those in Western New York who are only marginally affected. If we are truly open for business, we should keep our actions consistent with our words and stop burdening small businesses trying to survive.”

Bicyclist struck on Trumbull Parkway in the city

By Billie Owens

A bicyclist has been struck by a vehicle on Trumbull Parkway. The person is conscious and alert and injuries are believed to be minor. City fire and Mercy medics are responding.

UPDATE 12:51 p.m. A man with leg pain is being taken to UMMC. The medic says the patient was "bumped by a truck."

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