It's a decade since the national home mortgage meltdown but there are still communities plagued by vacant and abandoned properties, including in Western New York, including the Town and Village of Le Roy.

There are about 20 properties in the town and village, Town Supervisor Steve Barbeau (top photo) said last night, that are at a minimum unsightly, but they also present a health and safety issue.

In many cases, if not all, the properties are banked owned and the financial institutions show little interest in dealing with the properties.

"Almost all of these properties are uninhabitable," Barbeau said. "They haven’t been inhabited for years. We’re not talking about 30 days, or 90 days, or 365 days. There are a few in here, as I eyeball it, where it’s been three or four years, most of all the rest of them have been vacant for a decade."

To help deal with the issue, the town and village of teamed up to write a new ordinance that would define vacant and abandoned properties and put some pressure on the title holders to sell the parcels, including a fee that could cost a property owner as much as $1,500 a year if the building continues to sit vacant.

Village and Town officials held a public hearing on the proposed ordinance at the Town Hall last night.

A few of the residents who turned out to speak were either skeptical about the ordinance as written or downright hostile to the idea.

The way Jason Shu has read the ordinance is that if he went on vacation for six weeks, the code enforcement officer could declare his property vacant and abandoned and he would either have to sign a waiver to allow the code enforcement officer to enter the property or pay a fine. He called the law overly broad, subject to selective enforcement, and a potential violation of his Fourth Amendment rights.

"I agree with the whole problem of abandoned property but there’s a different approach to it," Shu said. "It doesn’t seem right. It doesn’t seem fair. The selective enforcement is only going to lead to problems."

Both Barbeau and the town's attorney Reid Whiting said that isn't how the ordinance works.

First, Barbeau said, the ordinance defines temporary vacancy and seasonal use, which would cover a six-week vacation, and the 30-day clock for registering the house wouldn't begin until after a code enforcement officer determined the property appeared to be abandoned.

There are a number of criteria the officer would weigh to make that determination, such as that nobody is living in the house, it's devoid of contents, lacks utility services, is or has been subject to foreclosure, and code violations.

Properties determined "temporarily vacant" would not be required to register as vacant and abandoned.

Whiting said there is no violation of the Fourth Amendment because either the property owner voluntarily signs a waiver or the code enforcement officer would be required to get a warrant to enter the property from a judge.

Leonard Dries attacked the law as a violation of private property rights, yet another high New York tax, and accused Le Roy's elected officials of not listening to his concerns.

Because of the law, he said, which he says is a violation of property rights, the town or the village will end up getting sued.

"You're going to start doing all this stuff on these properties and you’re going to bite the wrong hand and the lawsuit is going to overwhelm you," Dries said.

At times he interrupted other speakers or tried to shout them down.

One of the properties of concern discussed during the meeting is the boarded-up residence next to the Le Roy House. Historian Lynn Belluscio said she fields constant complaints from visitors about the unsightly building.

"They come to us and want to know why Le Roy can’t deal with that property next door," she said.

Dries responded, "Then don’t look at it. Tell them not to look at it."

" I’m going to tell 10,000 people -- " Belluscio said.

"-- you don’t get 10,000 people, you don’t 100 people a day coming through. Le Roy is a dead town," Dries said.

Barbeau rose from his chair and said Dries was out of order.

"That’s what we get to live with twice a month," he said. 

"Oh listen, Stevie Bo-Bo, sit down and shut up," Dries said. "You are paid by my tax dollars. I don’t want to hear your mouth."

Barbeau managed to restore order and the meeting continued.

Belluscio said the Jell-O Museum has made four attempts to buy the abandoned property, but that bank, based in Hong Kong, won't budge on its $119,000 asking price. Belluscio said she couldn't be irresponsible with how she spends the nonprofit's money and the house isn't worth $119,000 with all of the damage. The bank doesn't want to take the loss, though, of selling it for less.

"They really don't have an incentive to sell," Belluscio said. "They sit back and wait as long as they possibly can. They don't care that the house has deteriorated."

Dealing with bank-owned properties is exactly why the new law is needed, said Mayor Greg Rogers (bottom photo), who is also a real estate agent.

"We felt some of our neighborhoods need to have some of these properties picked up and cleaned up," Rogers said. "Or at least give the owners, and a lot of times it’s banks, further incentive to try to get these back on the market and be viable properties.

"If you live in one o those neighborhoods next to an abandoned house, that becomes an issue and it becomes an issue for the street," Rogers added.

Barbeau added later, "if anybody argues that it doesn’t depress the values of properties around it, they don’t have a clue."

A two-car accident is reported at Asbury Road and Telephone Road, Pavilion.

A car is on its side and smoking.

Unknown injuries.

A third-party caller, not involved, states he hasn't seen anyone exit either vehicle.

Pavilion fire and Mercy EMS dispatched.

UPDATE 12:09 p.m.: Responders are checking the area trying to locate the accident. Dispatchers received only one call.

UPDATE 12:10 p.m.: Updated location, Route 20 near Linwood. A first responder on scene reports one occupant trapped in a vehicle.

UPDATE 12:11 p.m.: Same responder, "Apparently minor injuries."

UPDATE 12:13 p.m.: Only one vehicle involved. Only one patient.

UPDATE 12:18 p.m.: The vehicle is about 30 feet off the road on its passenger side and it was pulling a wooden trailer. It's in water. "Tell him to wear his waders. He's going to get wet," a responder says.

Press release:

Students at Byron-Bergen Elementary School gathered on Nov. 27 to honor the school’s Students of the Month and to learn about giving back and making a difference.

Guest speaker Holly Paramjit Sembhi, a 2014 Byron-Bergen graduate, joined in with her personal story of how one person, who was just like each of them, has found the power to help change the world.

Sembhi, now in her final year of working toward a bachelor’s degree in Biomedical Science from RIT, began her education and her love for helping people in kindergarten at Byron-Bergen Elementary. She currently works part time at Rochester General Hospital and plans to get her master’s degree as a Physician’s Assistant in Neurosurgery. She also volunteers with Global Brigades, a medical relief organization operating in Honduras.

She urged students to believe that they can each make the world more awesome, starting right now.

“It is exciting for me to come back to a place I love,” she said. “I hope that I can inspire these kids, to make them really want to help others. Maybe they will look back someday and remember this moment. I’d like to think that this might start them on their own paths to making the world a better place.”

The monthly Character Assembly also included musical numbers performed by talented students and staff members, and a discussion of what students can do in the community, from supporting homeless children and families to remembering our seniors and the elderly. Throughout the month of December, classes will participate in a range of service-learning projects that will have an impact our local and global communities.

The Students of the Month were: Peyton Alejandro, Jake Carlson, Tyler Chapman, Kendall Chase, Leah Cramer, Daniels Dawson, Robert Dix, Nixon-Riley Eichenberger, Chesney Fregoe, Harlow Galves, Lila Graff, Stella Hassett, Hunter Jarosinki, Carter Kuipers, James Lamb, Taylor Lundfelt, Amelia Meier, Parker Moore, Bradley Pocock, Colin Rea, Ava Smith, James Starowtiz, Travis Thomas, Mariah Williams and Rena Wilson.

Top photo: Principal Brian Meister congratulates one of the Students of the Month, kindergartener Nixon-Riley Eichenberger.

Visiting speaker Holly Paramjit Sembhi (2014 Byron-Bergen graduate) tells students that they don’t need to wait until they are older—every one of them can do awesome things right now.

A house fire is reported at 865 Gabbey Road, Town of Pembroke. Several callers to dispatch, including the homeowner and neighbors, report flames coming from the residence. The location is between Lyman and Marble roads.

It is four-unit apartment complex, with heavy fire on the east side and no exposures, says a first responder on scene, noting a fire hydrant is in front. All residents are out.

National Grid is called to the scene. Pembroke and Indian Falls fire departments are called along with Darien, East Pembroke, Corfu, and Town of Batavia. Alabama is asked to send a tanker to the scene and a crew to fill in at Pembroke's Fire Hall. The city's Fast Team is also responding and its second platoon is to report to city headquarters.

UPDATE 9:56 p.m.: Pembroke command: "Fire knocked down; checking for extensions."

UPDATE 10:32 p.m.: Jamie Waff, chief of Pembroke Fire District, said shortly after 9 p.m. firefighters were called to a working house fire. When he arrived on scene the east side of the four-unit apartment building was engulfed in flames, which is where the "electrical bank" was located. But the fire had not spread upstairs. All tenants were out. Firefighters quickly made a "good attack" on the structure and were able to get out three pet cats who lived there. They knocked down the blaze and Waff said "very minimal damage" was done inside and minimal damage was sustained in the attack. Waff said, including stand-in and fill-in units, 10 fire companies responded. One tenant was not home at the time the fire broke out, but all residents will be displaced by the fire tonight. The county's Emergency Management Office is handling the situation. "The guys did an excellent job doing a knockdown on the second floor, pulling the ceilings down," Waff said.

A group of about 30 people are reportedly fighting outside at 16 Highland Park. Unknown if weapons are involved. Dispatch has received mutliple calls about it. City police are responding. Three people are detained on Central Avenue.

UPDATE 8:29 p.m.: Backup law enforcement is requested to respond to Central Avenue in response to the public fight that occurred in the area.

UPDATE 8:31 p.m.: Three units that were called were subsequently told to disregard.

A man inside a feed store in Bergen is complaining of rib pain after what he says was a train vs. pickup truck accident. It occurred on Buffalo Street near Route 19. Bergen fire and medics are responding.

UPDATE 7 p.m.: "I have located the vehicle; checking on it now," says a first responder.

UPDATE 7:03 p.m.: "The truck is not on the railroad track; it's just east," says a first repsonder.

The Genesee Chorale performs "Christmas Memories" this Saturday and Monday in Batavia and Medina.

The program includes some new, some old and some old favorites with a new twist, sung by approximately 70 singers under the direction of Ric Jones and with accompaniment by Doug Hanson.

Concerts are at 7 p.m. Dec. 2 at St. James Episcopal Church, 405 E. Main St., Batavia, and at 7 p.m. Dec. 4 at First Presbyterian Church, 522 S. Main St., Medina.

Tickets are $8 presale, available from Chorale members or online at www.GeneseeChorale.com.

Photos by Howard Owens from Monday's rehearsal at St. James.

Eddie L. Miles Jr. is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on May 18 in the City of Batavia that, knowing he did not have the owner's consent, he took, operated, exercised control over, rode in or otherwise used a vehicle -- a 2000 Mercury Sable. In count two, Miles is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other mandate of a court. In Special Information filed by the District Attorney, Miles is accused of having been convicted of the crime of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor. The Special Information filing says he was convicted of that on Nov. 13, 2007, in Town of Pembroke Court, which was within 10 years of the crime alleged in count one of this indictment.

Garnet R. Lyon II is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 22 in the Town of Stafford that Lyon drove a 2002 Toyota on Route 237 while knowing or having reason to know that his license to drive in New York was suspended or otherwise withdrawn by authorities. It is also alleged that he was under the influence of alcohol or a drug at the time. In count two, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly driving while intoxicated. In count three, Lyon is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time.

Bryan B. Flanagan is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 13 in the Town of Darien that Flanagan drove a 2002 Chrysler on Route 77 while in an intoxicated condition. In count two, he is accused of DWI, per se, also as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Nicholas E. Kaiser is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 13 Kaiser drove a 2017 Ford on West Main Street in the City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

Press release:

The Genesee County STOP-DWI Advisory Board today sponsored its second annual STOP-DWI Awards Luncheon at Terry Hills Restaurant & Banquet Facility. Seven young people from districts in the county were honored for their commitment to the community for entering the Board’s STOP-DWI Poster Contest.

There were first-, second- and third-place winners in two grade categories, 6-8 and 9-12, as well as a Computer Generated Art Winner and a Grand Prize Winner. Additionally, the luncheon recognized four Top Cop Awards and a Coordinator’s Award.

The following young people were recognized for their STOP-DWI poster submissions: 6-8th grade winners -- Grace Shepard, Abby Root and Kendall Phillips. The 9th-12th grade winner was Summer Jeschke-Dean.

The Computer Generated Art winners were Isabella Biviano and Taylor Hutton. The Grand Prize Winner, whose artwork will appear on a billboard in Genesee County in December and January, is Zoey Shepard, a seventh-grader from Byron Bergen Central School.

Batavia Police Officers Chard Richards and Arick Perkins and Genesee County Sheriff Deputies Ryan DeLong and Eric Meyer received the Top Cop Award for going above and beyond with DWI arrests during a 12-month time period. They were also being honored for their dedication to keeping our community safe.

Genesee County Sheriff‘s Chief Deputy Gordon Dibble received the Coordinator’s Award for his outstanding commitment to our community for the last 42 years.

Press release:

Batavia Police were made aware of a Craigslist scam in which the scammer reportedly has a house for rent. The residence is actually for sale by a realty company and is not for rent.

As of the time of this release, police have not had any reports of citizens falling victim to this scam. The Batavia Police Department is releasing this information to make citizens aware of the scam and to prevent anyone from being victimized by this fraud.

It appears that a 62-year-old man accused of dealing drugs in Batavia is dead but County Court Judge Charles Zambito said he needs to see proof.

Proceedings in the case of Adner Davila were adjourned until 9:45 a.m., Dec. 11, giving Attorney Michael Locicero time to locate a death certificate for his client.

Locicero told Zambito he's spoken with two sisters of Davila and they said their brother died Nov. 20. Locicero doesn't know where his client died, though Davila was supposed to be confined to his residence in Batavia while awaiting further court proceedings. He does believe Davila's body was transported by a funeral home in Rochester to Brooklyn.

Davila was arrested in early September and charged with: charged with two counts of criminal sale of a controlled substance, 3rd; five counts of criminal possession of a controlled substance, 3rd; one count of criminal possession of a controlled substance, 7th; and one count of criminally using drug paraphernalia.

The Batavian and WBTA, local news partners for Genesee County, are hosting a Christmas party Friday evening during Christmas in the City at WBTA's studios at Main and Center.

Stop by between 5 and 9 p.m. and you could get a chance to win $100. Show us The Batavian's mobile app on your smartphone or tablet and you will be eligible to enter the drawing (no purchase necessary).

We will provide snacks catered by the Dibble Family Center.

• To download The Batavian's app for iOS, click here.
• To download The Batavian's app for Android, click here.

Batavia City Council members on Monday night voted to set a public hearing for the application of a $1 million grant to redevelop the vacant Genesee County-owned Old Engine House on Main Street but several of them did so with a bad taste in their mouths.

Council members Robert Bialkowski and Rose Mary Christian questioned the process -- "this came out of the blue," Christian said -- while Kathleen Briggs sought clarification on the county's role in the matter and Al McGinnis said the City should be looking at providing more single-family homes.

All in all, the debate at times revealed the board's misinterpretation of and confusion over the proposal to let developer Thompson Builds of Byron turn the former restaurant (and historic building) into a commercial-residential building.

Christian said she was aggravated by "nonprofits that don't pay any property taxes and school taxes, and that I had to read (about this) in the paper before we knew about it."

Council President Eugene Jankowski corrected her, stating that the grant is "pass-through money" and doesn't come from city coffers -- and that the project puts the property "back on the tax rolls."

Molino pointed out that the Restore New York Communities Initiative grant has to be applied for by a city, town or village, but Briggs still wondered "why the county doesn't do something about it?"

To which, Molino replied, "I think they are ... they're disposing of it (by declaring it as surplus property) and putting in back on the tax rolls."

That prompted McGinnis' comment about the City needing "to concentrate our efforts" on single-family homes, and Bialkowski stating he had problems with the process.

"I didn't know about it until reading it (in local media) and I have not seen an RFP (request for proposal)," Bialkowski said.

He also questioned how Thompson Builds was selected and that he felt rushed into having to set a public hearing on the same night as Council's first discussion about it.

His comments prompted Molino to apologize, but the City Manager noted that his Nov. 22 memo to Council was "in the media packet" and he didn't have any control as to when it would be published.

"Also, the county doesn't have to dispose of public property through an RFP," he said.

The plan outlined by Molino, after discussions with the Batavia Development Corporation, Genesee County and Thompson Builds, is to convert the 14,425-square-foot buildilng for business use on the first floor and residential use on the second floor.

The project is in line with current zoning code.

"Mixed use (Commercial-Residential) is part of the planning processes that we have had for downtown property, and we have a developer that is interested in rehabiliating it," Molino said.

He also said that there is a huge demand for downtown apartments and that the project would have to go through all "proper approvals," including planning boards and the Historic Preservation Commission.

Council members John Canale and Patti Pacino backed up Molino's contention regarding the demand for living space, with Canale talking about the lack of "places to rent at a reasonable price range" and Pacino noting that there is a "whole generation (millennials) that we're trying to attract back to Batavia -- young teachers, professionals ... who aren't ready to buy a house."

Bialkowski said he was surprised that no one from Genesee County was at the meeting.

"The county is asking the city to give them $1 million so why don't they have someone here?" he said.

To which, Councilman Adam Tabelski countered with the fact the city has the opportunity "to team with the county and a private developer to make that (putting it back on the tax rolls) happen."

After Jankowski again said that state regulations require the City to apply for the grant and schedule a public hearing, Bialkowski still wasn't convinced.

"We're applying for the grant, and the county is getting a million dollars," he said.

Molino said that the money would go to Thompson Builds to help fund the $2.5 million project, prompting Bialkowski to say, "so we're giving it to the developer."

Jankowski tried to put the whole matter into perspective.

"The benefit is that we're taking surplus property and putting it back on the tax rolls," he said, moments before all council members voted to schedule the public hearing for 5 p.m. Dec. 4.

James Owen said he would gladly give away his stake in Redfield Parkway's well-known pillars as long as the City of Batavia commits to repairing the stone structures that have served as guideposts to the VA Medical Center.

"Because of my generosity, I would sell it to the City for a dollar so the pillars could be restored, and I would also give the dollar so they can pay me for that amount," Owen said with a wry smile. "That, as they would say, it's now public notice."

Owen lives at 2 Redfield Parkway, with his sister, Kathy, They along with Jim Fitch of 3 Redfield and Don Fryling of 6 Redfield spoke at Monday night's City Council meeting and were supported by several other Redfield Parkway residents.

All spoke about the pillars' historical significance and urged council members to act sooner rather than later.

"We simply don't see much of this stonework anymore ... it is the duty of our community (to preserve history)," said Kathy Owen, who added that three estimates to repair the deteriorating pillars were given to the city in 2012. "Six years and nothing has happened."

City Council was made aware of the condition of the pillars, which consist of two inner gateway-monument-style pillars and two outer posts, a couple months ago, and asked City Manager Jason Molino to explore restoration options.

James Owen said the pillars "look good from the street" but the mortar is cracking and they are "starting to fall apart."

Molino pointed out a couple of issues: (1) the outer posts are located on private property and (2) the pillars likely wouldn't qualify for grant money since they are not historically or landmark designated.

One of the outer posts is on the Owens' property and the other is on the property of Michael Riggi, whose address is 384 W. Main St. (at the corner of Redfield Parkway). 

Fitch said his mindset, as far as financial responsibility is concerned, is that the pillars "are part of one entity, and they need to be considered that way. Reparing them is a big decision with long-term ramifications."

Fryling said the structres "should be maintained."

"Don't let them deteriorate to the extent that the city park shelters did (and had to be taken down)," he said.

All of the council members voiced their support of the restoration project, and some mentioned the unique nature of Redfield Parkway, with its pillars and full-length island leading from West Main Street to Richmond Avenue (and the VA Medical Center), and also spoke of the work of the Redfield Parkway Association members who put up flags, flowers and Christmas trees throughout the year.

Molino had suggested an assessment of the situation by engineers or a masonry company experienced in stone pillars. He also talked about acquiring a permanent easement from the two property owners to give the City the ability to repair and maintain the structures.

"If you're going to do it, do it the right way," he said. "Make the right investment that will be lasting."

In the end, City Council President Eugene Jankowski directed Molino to get some "pretty hard costs," adding that "we don't want to wait until January of next year, and we want regular updates."

Molino said he would have detailed information by the January Conference meeting -- noting that an assessment could come with a financial cost --- and said a decision could be made by spring and put out for bid.

Afterward, James Owen said he liked what he heard from Council.

"Well, I believe they're on the right track," he said. "I hope within a year the pillars of Redfield will be repaired so the community can see the future. I think it will be a big project, but with the proper people doing it, it should be done efficiently and up to code, and also it will last for another 105 years."

Photos at top -- James Owen, holding a piece of the mortar that fell out of one of the Redfield Parkway pillars, and his sister, Kathy, speaking to City Council. Photos by Mike Pettinella.

Join us for the annual meeting of The Landmark Society of Genesee County at 7 p.m. Wednesday, Nov. 29th, at GOART!, located in historic Seymour Place at 201 E. Main St. in Downtown Batavia.

Local resident and Landmark Board Member Richard Beatty will be presenting a program on the historic Buffalo Landmark designed by Frank Lloyd Wright -- the Darwin Martin House.

Located in the Parkside neighborhood of Buffalo, the restoration of the six-building complex is nearing completion. The project began in 1992 with the goal of returning the estate to its 1907 condition.

Beatty, a senior docent at the house, will tell the story of the rebuilding and restoration of one of Wright’s greatest early works.

A colored sketch of the Brisbane mansion or former City Hall by Don Carmichael and a sketch of the former St. James Rectory by Gail Thomas will be raffled off. For the suggested donation of $5 you can have a chance to win both of these framed sketches. The drawing will take place at Wednesday's meeting.

The pictures that we are having in the raffle are on display at GOART! in the hallway as you go to the bar area.  Come to the meeting and buy a ticket and you may go home a winner!

Our by-laws state that a person can be a director for two terms and then need to take a one year off the board and can then be re-elected. The treasurer doesn’t have this restriction.

In order to amend our by-laws to allow a director to serve three terms, we need a 2/3 affirmative vote of the members at a membership meeting.

We will be voting for three directors to serve a three-year term.

Olympia Sports, a national retail chain with a location in the Tops Plaza, is closing its Batavia location.

These are some of "The Boys of Battery D," the first draftees from Genesee, Orleans and Wyoming counties before they were sent off to serve in World War I. It was taken in October 1917. Do you recognize any of them?

A hundred years ago, the first World War I draftees from Genesee, Orleans and Wyoming counties were fresh arrivals at Camp Dix, NJ. Initially, most were together in the same barracks and the same unit, Battery D of the 307th Field Artillery.

The picture was provided by Terry Krautwurst, who researched and wrote a history project titled "To End All Wars," which he then donated to the Genesee County History Department.

The project contains the biographies and documents on the 66 men and one woman from Genesee County who died in service during The Great War.

Krautwurst's latest post on his blog about Genesee County and that war is entitled "The County and the Kaiser. (The website, incidentally, also contains the honor roll biographies and many documents.)

The full unit photo of the men is numbered to help with ID, and three complete lists of the names of all the men from the three counties drafted in September 1917.

"I’m hoping that descendants and others able to recognize these men (either from memory of their grandfathers or from old family photos) will help put names to the faces in the photo so that the majority will be identified and thus properly honored by next November 11," Krautwurst says.

Click here to check out the post and get information about identifying the soldiers. Or you can start at the blog’s home page, here.

To contact Krautwurst, his email is:   tkwrite@bellsouth.net