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Batavia PD reminds people not to fall for rental scam

By Howard B. Owens

Press release:

The Batavia Police Department has received multiple complaints of fraudulent posts on social media (Craigslist, Facebook, and other similar Web sites) claiming to be John Gerace, a realtor of RealityUSA with property “for rent.” The postings are requesting a $700 deposit in exchange for keys to the residence. The only contact information on the postings is for sgtmonica000@gmail.com.

The Batavia Police Department with the assistance of John Gerace, would like to remind the community not to give money upfront for a rental apartment without first walking through the apartment and signing a lease agreement. This is a reoccurring issue. If you feel have been part of this scam please contact the Batavia Police Department at (585) 345-6350 to report the incident.

Previously: Real estate agent turns the tables on craigslist scammer

ARC announces changes with recycling operations

By Howard B. Owens

Press release:

Genesee ARC is moving ahead with plans to close down one section of its recycling operation and work with individuals employed there to find new positions.

The change affects the sorting line at the recycling center where as many as 14 people work each week. In the restructuring, the individuals with disabilities employed at the transfer station, on the trash and recycling routes, redemption center and Genesee Data Management will maintain their jobs.

“We will still be picking up recyclables from our curbside trash customers and accepting them at our transfer station,” Executive Director Donna Saskowski said.

Cardboard will still be sorted and bundled at the plant but all other recyclable materials will be collected and shipped to larger facilities with automated sorting.

“The cost of operating the line has increased over time and the prices we were able to secure for the baled recyclables have decreased considerably over the past 18 months, resulting in an untenable financial situation,” the director said.

Key employment services staff will be working with the individuals to assist them with job placement through the NYS Office of People with Developmental Disabilities and Adult Career and Continuing Education Services-Vocational Rehabilitation (ACCES-VR). A job at ARC’s Sheltered Work Center on Walnut Street is not an option due to State regulations, effective July 2014, prohibiting the acceptance of any new (or returning) work center placements.

Genesee ARC was the sole trash and recycling contractor for residents of the City of Batavia, from 1983 to 2013. The nonprofit began offering private trash collection and recycling services after a decision by city council to opt out of the trash business altogether, leaving residents to find their own local provider. This created its own set of challenges as Genesee ARC for the first time had to develop pricing, options and an entire new system to bill for the services. And, while a few new providers sprang up overnight, Genesee ARC has a majority of City of Batavia residents as its customer base for curbside trash and recycling. A large percentage of city residents also take advantage Genesee ARC’s transfer station services.

“This was a very tough decision for our leadership and Board of Directors,” Saskowski shared.  “We will do everything we can to help secure new job placements – this is a priority.”

Oakfield fire installs new solar panels with latest safety features for firefighters

By Howard B. Owens

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The Oakfield Fire Department is installing solar panels on the roof of its fire hall.

Assistant Chief and Board Member Sean Downing said the project came about through a conversation a department member had at work at the U.S. Gypsum plant with the brother of an area solar installer. That started the process of the department learning about the cost-saving benefits of solar, especially with the government incentives available to cover the cost of installation, along with incentives offered by solar companies. As a result, there's no cost to the department and over the next 25 years, the department stands to save about $95,000 on electric costs.

"It was kind of a no-brainer," Downing said. "It doesn't cost us anything, not for engineering, not for installation, there's no out-of-pocket expenses, and for a project that is going to cover nearly all of our electric expenses."

The solar installation is being handled by CIR Electrical Construction Corporation, out of Lackawanna.

Interestingly, there has been some concern among firefighters about the increasing number of solar power installations in the state. They present a safety hazard to firefighters and make it more difficult for firefighters to cut a hole in a roof for ventilation, a key fire-fighting strategy. As a result, New York is considering limits on solar panel installations

CIR is using new technology that mitigates some of these difficulties, said Jeff Pedro, CFO for CIR.

"We are using SolarEdge inverters which have a rapid shutdown function on their inverters," Pedro said. "This really was brought about by firemen and is part of the 2014 NEC code for PV systems."

The safety features are designed to allow rapid shutdown of electrical flow by first responders.

Top photo, courtesy Norris Clifton Aerial Photography.

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Person can't get out of car after rollover in Bethany

By Howard B. Owens

A driver reports being suspended in his car, strapped in with a seatbelt, but unable to get out because of a handicap, following a rollover accident in the area of 9545 Bethany Center Road, Bethany.

The driver tells dispatchers he or she is not injured.

Bethany fire and Mercy EMS dispatched.

UPDATE 11:53 a.m.: Stafford requested to the scene.

Batavia NY a warm winter destination

By James Burns

You  may not consider Batavia a warm winter retreat, but chances are you are not a snowy owl.

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So far this season we have one wintering snowy owl at the Genesee County airport. With the Great Lakes getting colder and starting to freeze over, we could have more spending time here with us. As the lakes freeze, more snowy owls could push inland looking for food and that could mean better bird watching for us in Batavia.

If you have not had a chance to drive by and see it you should make and effort and try. She likes the west end of the airport on most days.

If you cannot make it out this winter you may not have another chance to see one here for awhile. About four years ago there was a very large lemming baby boom due to the arctic being unusually warm. This led to a boom in the snowy owl population. Since the arctic has remained warmer than normal the lemming population has burned out. The young owls are forced to fly as far as 7,000 miles away from home in the winter to find easily found food. As the owls mature, and become better hunters, they will be able to stay in the artic all winter. In the past, this cycle of snowy owls coming this far south for the winter has lasted about three years. This is the third year for them in Batavia. They may not be back again for awhile. Since there is only one snowy owl in town, instead of three to five like the last few years, it may point to the cycle ending. 

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County's CSEA employees slated for 1.8 percent annual pay raise with new contract

By Howard B. Owens

The county has reached a new four-year contract agreement with its largest employee union, granting employees represented by the bargaining unit a 1.8 percent annual raise.

The immediate budget impact is an increase in spending this year on employee salaries and $114,291 more in payroll expenses.

The Civil Service Employees Association represents at least one employee in every department of the county, with the largest concentration being in the Department of Social Services, Health and Mental Health. Other unions represent Sheriff's deputies, nursing home staff, dispatchers and jailers and Highway Department workers.

County Jay Gsell said negotiations were much less contentious this year then in rounds past and it took only two or three meetings to arrive at an agreement. He credited the negotiating team from CSEA's Rochester office -- in the past, it's been a negotiator from Buffalo who met with county officials -- for working quickly to get an agreement in place.

The employees voted 158-13 in favor of the contract, Gsell said.

The contract also changes how expenses for health insurance are shared.

Cost sharing between the county and county employees started a few years ago and the employee share was capped at 10 percent of the employee's wage.

The new formula will calculate the share based on the bi-weekly cost of the premium. This year, the employee will pay 10 percent of the premium, then 11 percent in each of the following years and 12 percent in 2019.

The county's healthcare costs, which is a self-funded insurance program, have been going up 3 to 5 percent per year. This formula will distribute those rising costs to employees.

The highway workers are already under a contract with this new language, Gsell said, and the county will seek to get the other three unions to agree to the new terms.

"It's easier for us to be somewhat uniform and also clean up these contracts and the number of clauses," Gsell said. "(The contracts) with health care and compensation, changes get so convoluted at times. It's in our best interest to try and simplify them, but also understand there needs to be more cost sharing between employer and employee. It's the real world."

The pay raise, at 1.8 percent per year compounded would take an employee at $15 an hour to $16.11 in 2019. For an employee at $20 an hour, the rate in four years would be $21.48.

That's an extra $117.60 in pay bi-weekly for the $20-an-hour employee.

If the employee is currently covered by a healthcare plan worth $1,100 per month, and that premium went up 3 percent each year, in four years, the premium would be $1,238. The employee's share would increase from $55 bi-weekly to $74.28.

These are dollars not adjusted for inflation, which is currently less than 1 percent.

The Ways and Means Committee recommended Wednesday that the County Legislature approve the new contract.

Injury reported after car hits deer in East Pembroke

By Howard B. Owens

A minor injury accident is reported in the area of 2975 W. Main Street Road, East Pembroke.

A car reportedly hit a deer.

East Pembroke fire and Mercy EMS are responding.

Fully involved garage fire reported on Perry Road, Pavilion

By Billie Owens

A fully involved garage fire is reported at 10231 Perry Road. It is attached to a house. Pavilion and Le Roy fire departments are responding. The location is between Heffer and Telephone roads.

UPDATE 8:26 p.m.: This is now a working house fire. Stafford is also called to the scene and asked to provide a crew to fill in at Pavilion's fire hall. Bethany Fire Department is also called to respond.

UPDATE 9:01 p.m.: Fire police are called to Route 20 (Telephone Road) and Perry Road for traffic control and/or to close the roadway to northbound traffic.

UPDATE 9:42 p.m.: Joel Murcin, who owns the property, said he was charging a battery for a skid-steer loader and had gone out to buy a new battery. When he returned, he went to check on the battery that was being charged. "I was either going to put the new battery in or try to start it," Murcin said. "When I went to take the clamps off the battery from the charger, it was arcing -- almost like welding sparks -- and the rubber hose or rubber coating or whatever was burning." There was no fire extinguisher around, "so I ran up and got one out of the garage and by the time I got halfway down the hill I could see flames, orange inside there, so I just stopped. And in the meantime, while I'm doing all this, I called 9-1-1 to tell them it was fully going and helped keep (dispatchers) updated." Murcin lives at 10235 Perry Road with his wife and 3-year-old daughter, who stayed inside their house. No one was harmed. The house where the fire occured, at 10231 Perry Road, was built in 2009. The family lived there for seven years while their current place, adjacent to it, was being built.

UPDATE 10 p.m.: Pavilion Fire Chief Sean Vogt said firefighters responded to a reported garage fire and that quickly went a second alarm for a fully involved structure fire. When they arrived they found "heavy fire coming out of every window and door." Cold weather and an uphill, ice-covered driveway challenged the seven crews that responded.

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Real estate agent turns the tables on craigslist scammer

By Howard B. Owens

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It's hard to find good houses for rent in Batavia and John Gerace, a local real estate agent, believes some guy in Nigeria found a nice little scam for himself to take advantage of that fact.

Since Gerace, in a manner of speaking, was a target of the scam, he decided to have a little fun last week at the scammer's expense. 

He posed as a prospective renter and went so far as to con the guy into thinking he sent him $700 via Western Union.

The scammer has been using Gerace's name with his fake rental listings on craigslist, and Gerace made no attempt to hide his identity in his e-mails, phone message or text messages.  

Still, the scammer persisted until he caught onto the ruse, then cut off communication with a Nigerian profanity and ditched his burner phone.

"They wouldn't be doing this if people weren't sending them money," Gerace sad.

Sadly, people probably are sending fake rental agents money, though Gerace has no direct knowledge of that happening, and law enforcement is largely powerless to do anything about it.  

It's one of the dangers of free online classifieds. It's easy for anybody to post anything, though craigslist does warn people not to wire money for housing rentals.

The Nigerian has been using Gerace's listings, all houses that are actually for sale, not for rent, as rental posts on craigslist. The scammer lifts the photos, property description and address out of the for-sale listing and posts them to craigslist. To help further entice the fish, he makes it sound like a great opportunity -- a below-market-value rent of $700, including utilities and pets are allowed.

The act was pretty sophisticated, too. The Nigerian e-mailed prospective renters an application and told a woeful tale of why he and his family needed to rent their beloved house in Batavia.

"I decided to rent out the property due to our transfer to (Black Creek, WI) on a Missionary Work by my church here, so we are renting it out since we need someone to take good care of the property on our absent," the Nigerian writes. "Don't be surprise if you find the home with another site and deference price, I have plan to rent it through Real estate before, but they are not serious simply because they have a lot of house to lease out and they added some money to the rent while there commission is not fair."

When Gerace posed as a potential renter, he told an even sadder tale to the Nigerian.

"I am very excited about the home you have for rent in Batavia located at 18 Oak St.," Gerace sent in a text message. "I have been looking for 3 months for a place for me and my 2 disabled children. My wife was killed in an auto accident when we were driving on the thruway and my 2 children were seriously injured and now need specialized treatments which can only be done here in Batavia by a very close medical center. This home is in a perfect location for us to seek treatments. I am a minister at our local church and I work 2 other jobs to pay all my bills. I am very clean and would take very good care of your home."

Gerace was incredulous that the Nigerian responded and continued with the scam.

So when an agreement was reached, Gerace told the man he sent, as instructed, the $700 via Western Union. He provided a fake transfer ID number. Over the next several hours, the man apparently made several trips to the Western Union office, exchanging messages about the missing money with Gerace along the way, before he realized he himself had been scammed.

The final message from the Nigerian was two words. Gerace translated it. It wasn't nice.

Throughout this ongoing scam, Gerace has been contacted by people who have seen the listings and either didn't realize they were fake or weren't quite sure.  

One home buyer -- Gerace represented the seller, not the buyer -- flew off the handle when his wife found the house they were purchasing for $225,000 in a craigslist listing under Gerace's name.

"He f-bombed me," Gerace said. "What are you doing trying to rent our place when we have an accepted purchase offer!"

Gerace explained it was a scam.

" 'Come on,' " he said, " '$700 a month on a 2,500-square-foot home, including utilities?' I said, "If it sounds too good to be true, it's too good to be true."

Gerace wanted to share his story in the off chance people might read it and get that message.

If it sounds too good to be true, it's too good to be true.

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America's Best Communities competition ends for Le Roy and Bergen, but not revitalization effort

By Howard B. Owens

It's the end of the competition, but not the end of the line for Le Roy and Bergen, Legislator Shelly Stein said today after learning that the two communities will not be finalists in the America's Best Communities competition sponsored by Frontier Communications.

The joint effort by Le Roy and Bergen to enter the competition, which could have resulted in a $3 million prize to spend on economic development, did lead to a $50,000 grant to develop an economic development plan, and that will pay off for the northeastern corner of Genesee County for years to come, Stein said.

"We already won," Stein said. "We had the $50,000 that we were able to take from Frontier and match that up with a long-term revitalization and economic plan for both Le Roy and Bergen. It brought out communities together and we found some significant commonalities that we can work towards. Having that plan in hand is something both communities can work from going forward."

The contest has proven highly competitive, said Claudia Maroney, area general manager for Frontier. 

'It was a great plan," Maroney said. "They put a lot of effort into it. There were 50 communities that submitted great plans, and unfortunately, Le Roy did not make it to the finalist round."

The planning and cooperation process led to some great community events, some great meeting of the minds and the realization there were projects the communities could undertake outside of the ABC competition.

The grants applied for and received during the process include $420,000 for land acquisition at the Le Roy Tech Park, the Village of Le Roy is getting $100,000 for downtown sidewalks and $20,000 for a waterfront strategy plan; and the Village of Bergen is getting $20,000 for a revitalization plan and $30,000 to study upgrading the sewer system.

All of these activities gained support and are better guided by the revitalization and economic development plan developed for the contest, Stein said.

And through the process, the communities learned a little bit more about themselves, too.

"Everyone is just a little bit more aware of how our community has a great reputation," Stein said. "We have a great work ethic. We really didn't know that our workforce is so highly skilled and that got pointed out during the process. We walk a little taller. We have a smile on our faces a bit longer and there's a bounce in our step."

County legislators discuss long gun law at committee meeting

By Howard B. Owens

A letter from a constituent about a bullet that passed through the walls of his house on Bank Street in November prompted a discussion among County legislators during the Public Service Committee meeting Tuesday afternoon about the merits of a recently enacted local law that allows long guns to be used during hunting season.

Legislator Ed DeJaneiro expressed the most concern about the law.

"This bullet passed through two windows and continued on and I think it's just a matter of time before something is going to happen and everybody's going to say, 'Oh, my God," DeJaneiro said.

Bill Moon reported the incident to the police and the Department of Environmental Conservation investigated and determined the bullet likely came from a .30-caliber weapon.

In his letter, Moon expressed concern that there are just too many irresponsible people out there to allow long rifles in a county like Genesee where the land is mostly flat.

"We were very fortunate not to be home at the time of the incident and so escaped possible harm or death," Moon wrote. "Every day that we got up and saw the damage reminded us how close we were to an immediate danger. Some other person or child playing in a yard may not be so lucky next time."

The local law was enacted at the request of a group of gun owners who noted Genesee County was one of the few counties in the state that didn't allow long rifles for big game hunting. The Legislature passed a resolution asking the State Legislature to change the local law, which it did last year at the urging of Senator Mike Ranzenhofer and Assemblyman Steve Hawley.

Legislator Mike Davis noted that the county can't repeal the law and can only look to the State Legislature not to renew it when the sunset provision rolls around in October 2017.

"At this point, I think we can just keep our fingers crossed and hope there isn't an incident that's going to make us all feel different about this law," DeJaneiro said.

DeJaneiro suggested the County Legislature needs to seriously reconsider the law.

"These weapons are not needed for hunting deer in a highly populated, flat area," DeJanerio said.  

Long rifles are better suited to a county like Wyoming, with hills and valleys where hunters can better take advantage of the capabilities of a long rifle to take down prey.

Committee Chair Marianne Clattenberg said she brought the letter to the meeting and put the discussion on the agenda because Moon is one of her constituents and he has a right to have his concerned heard. 

"This will come up again next year and let's hope this is an isolated incident," Clattenberg said.

Law and Order: Task Force searches Basom home, allegedly finds some drugs

By Howard B. Owens

Terrance D. Bauer, 54, of Church Street, Basom, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. The Local Drug Task Force executed a search warrant at Bauer's residence and allegedly found cocaine and marijuana and various smoking devices and scales. Bauer was issued an appearance ticket.

Elizabeth Michelle Grattan, 26, of Maple Street, Batavia, is charged with petit larceny. Grattan is accused of shoplifting from Kohl's Department Store, allegedly stealing merchandise valued at $99. Grattan was jailed on $1,000 bail.

A 16-year-old from Pavilion is charged with criminal mischief, 4th, and harassment, 2nd. The youth was allegedly involved in an altercation at Pavilion Central School, punching another person in the face, resulting in minor injuries and a broken phone.

Driver cited in fatal pedestrian crash

By Howard B. Owens

A 78-year-old Le Roy resident has been issued traffic citations stemming from a pedestrian accident Saturday night that claimed the life of a Batavia resident at Main and Bank streets.

Robert Christner was cited for failure to yield right-of-way to a blind or visually impaired person in a crosswalk and expired NYS inspection.

While the investigation is continuing, police investigators have concluded that Joseph Ogozaly, 58, who was legally blind, was crossing Main Street northbound on the west side of Bank Street with the light and had the right of way when he was allegedly struck by Christner's black pickup truck.

Christner was on Main Street, westbound, and was the sole occupant of the vehicle.

Collins issues statement on President's State of the Union speech

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) today issued the following statement after President Obama’s State of the Union address.

“I had hoped President Obama would use tonight’s address to apologize to the American people for his failed policies, which have weakened America’s standing abroad, failed to stop the expansion of ISIS, dramatically increased our national debt, and caused poverty rates across the nation to skyrocket,” said Congressman Collins. “But instead, what I heard was a refusal to own up to any mistakes, and a call to continue on a path that fails to find the solutions working families deserve.

“Americans are demanding a new direction. On the global stage, we need to stand up to our enemies and lead by example. Instead of befriending countries like Iran, who detained U.S. sailors and whose leaders still chant ‘Death to America’ and Cuba, which is holding onto one of our Hellfire missiles, we need to protect allies like Israel.

“When it comes to here at home, the president’s policies have failed to create an economy that can support the middle class. As a result, thousands of Western New Yorkers are still struggling to make ends meet. To get the millions of middle class workers on the sidelines back to work, we need to encourage an environment friendly to job creation through comprehensive tax reform, energy independence, entitlement reform and a patient-centered health care system.

“Unfortunately, the president has stuck his head in the sand, again. Instead of real solutions to the challenges we face, he chose to give us more of his failed rhetoric. America is the greatest country in the world, but if we are to stay the best, we need a leader who will make tough decisions, instead of trying to embellish his legacy.”

Car vs. pole accident in Le Roy, driver has minor head injury

By Billie Owens

A car vs. pole accident is reported at 7759 E. Main Street Road, Le Roy, at the Country Club. The female driver has a minor head injury. The utility pole is broken and sparks are said to be arcing from it. Le Roy fire and ambulance are responding.

UPDATE 3:57 p.m.: Fire police are requested to shut down traffic on East Street Main Road at South Street and at Asbury Road.

UPDATE 4:28 p.m.: The driver is being transported to Strong Memorial Hospital in Rochester.

UPDATE 5:03 p.m.: The roadway is being reopened.

Car vs. bus accident reported in Alexander

By Billie Owens

A car vs. bus accident is reported at Railroad Avenue and Main Street in Alexander. No injuries are reported but Mercy medics are called to the scene for evaluation. Alexander Fire Department is responding.

UPDATE 4:29 p.m.: This involved a school bus. The few children onboard were evaluated by medics and deemed unhurt. Their parents are en route to pick them up and then the assignment will be back in service.

Cancellations and Closures

By Howard B. Owens
  • All after-school and evening activities at Pavilion Central Schools are cancelled.

E-mail cancellations to howard@thebatavian.com

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