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.

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."

A motor-vehicle accident is reported on Fisher Road at Maltby Road. Injuries are reported. Oakfield Fire Department is responding along with Mercy medics.

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.

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.

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.

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.”

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.

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.

• All after-school and evening activities at Pavilion Central Schools are cancelled.

E-mail cancellations to howard@thebatavian.com

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today introduced one of 17 resolutions aimed at increasing transparency and accountability in state government at a press conference held by Assembly Minority Leader Brian M. Kolb (R,C-Canandaigua) in Albany.

Hawley proposed requiring a two-thirds majority of the house to pass a message of necessity, but all of the 17 reform measures were defeated by the Assembly Majority during today’s Legislative Session.

“It is unacceptable that these reforms were unanimously defeated by the Assembly Majority, especially after the slew of corruption cases that stained Albany last year,” Hawley said. “Our top priority should be restoring faith in government and increasing our openness and transparency but it has become clear that the Assembly Majority does not care at all about ethics reform.

“I have been an outspoken opponent of messages of necessity because they are the antithesis to good government and usually accompany controversial legislation such as the SAFE-Act. All legislation should be properly vetted and debated before a vote is taken, but messages of necessity rob us of that procedural safeguard. Until we make major changes to how the house functions, we run the risk of entrenched corruption continuing in Albany.”

It's cleared now, but about a half hour ago, Batavia got hit by a snow squall that reduced visibility. It was hard to see even more than a few trees deep into Centennial Park.

Forecasts show another band or two of lake effect snow heading our way this afternoon. The National Weather Service is Buffalo has a lake effect snow advisory in place until 10 p.m.

As the state has cut mental health services, counties have become increasingly burdened with dealing with de-institutionalized people who often wind up in trouble and in jail.

Locally, people involved in the criminal justice system would like to find ways to keep people with mental health issues out of jail, and to that end the county will apply for a grant to send five people to a summit in Washington, D.C., where local officials from across the country will discuss how they're dealing with these same issues.

"Everyone in the criminal justice community agrees this is an issue and it's an issue that is bigger than just us, so let's go talk with others in other communities and find out ways that worked in their communities and see if we can bring back some of those ideas to Genesee County," said Assistant County Manager Matt Landers.

Landers said Sue Gagne, director of the Mental Health Association, found out about the summit and grant for attendees and brought the idea to Undersheriff William Sheron, who brought it to Landers' attention.

Landers and Director of Mental Health Ellery Reeves presented a resolution authorizing an application for the grant to the Human Services Committee on Monday.

The committee unanimously recommended the full Legislature approve the application at its next meeting.

Though there are no hard numbers, it's clear there are more and more people coming into the jail who have mental health issues, Landers said.

"That number is growing and we don't think it's a coincidence that as the state is closing down institutions and these individuals leave these institutions and come back to their communities of home, that we are now finding some of these individuals using our jails," Landers said.

Mental health issues run the gamut, including depression and schizophrenia, that jail personnel are required to monitor. That adds to the expense of running the jail as well as increasing the jail population.

There's also substance abuse problems connected to these individuals, Reeves said.

"There is no separation," Reeves said. "Literally, when you're saying 'mental health,' you're saying 'mental health and substance abuse.' "

The goal of attending the conference is to find ways of linking services and strategies to either keep people out of jail or keep them in treatment once they're released from jail so they are less likely to return, Reeves said.

Landers said as much of 70 percent of the people incarcerated here at any one time might have mental health issues, which is substantially more, he said, than a few years ago.

Funeral arrangments have been announced for Joseph Ogozaly Jr., 58, of Batavia, who was struck and killed by a pickup truck Saturday night on Main Street, Batavia.

Ogozaly, a veteran of the Air Force, will be buried with military honors at 10 a.m. Friday at Grandview Cemetery.

Det. Rich Schauf said there is no new information available in the investigation into the accident that claimed Ogozaly's life.

The driver of the truck has not been charged and his name has not been released.

"We are still investigating the circumstances of the incident to determine the outcome," Schauf said.

For Ogozaly's full obituary, click here.

Leonard A. Johnson, 23, of Hutchins Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Johnson is accused of selling crack cocaine to agents of the Local Drug Task Force on two separate occasions in 2015. Johnson was arrested on a warrant while at the County Courts Facility on an unrelated matter. He was arraigned in City Court and jailed on $25,000 bail.

Duffy Starks, 23, of North Spruce Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Starks was arrested on a Grand Jury indictment warrant based on an investigation by the Local Drug Task Force into the sale of crack cocaine in and around the City of Batavia. Starks was jailed on $50,000 bail.

Tylee Demetrius "Love" Gaines, 37, of Waverly Place, Rochester, is charged with criminal possession of a controlled substance with intent to sell, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, two counts of aggravated unlicensed operation, obstructed view and unlicensed operator. Gaines was stopped on Ross Street at 4:30 p.m. Thursday by Officer Chad Richards. Gaines was stopped for an alleged obstructed view. He was allegedly found driving on a suspended license. Patrols allegedly detected the odor of marijuana. Gaines was arrested and transported to Batavia PD headquarters where he was allegedly found in possession of marijuana and several small bags of crack cocaine. He was arraigned in City Court and jailed without bail.

Patrick D. Neaverth, 35, of Genesee Street, Buffalo, is charged with harassment, 2nd. Neaverth is accused of slapping a mobile phone out of a woman's hand and grabbing her by the arm and pulling her to the ground while at a residence on Kingsbury Avenue, Batavia, at 4 a.m. Monday. He was jailed on $250 bail.

Essence A. Williams, 18, of Dellinger Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a second-degree harassment charge. Williams was jailed on $100 bail.

Rochelle V. Tomlin, 39, of West Main Street, Batavia, is charged with obligation of a parent or guardian. Tomlin was charged under Batavia Municipal Code after her child was allegedly found loitering on Porter Avenue at 2 a.m., past curfew.

Jolene M. Chenault, 33, of Highland Park, Batavia, turned herself in on a warrant for alleged failure to appear on an aggravated unauthorized operation, 3rd, charge. Chenault posted $200 police bail.

Jillian L. Lafond, 37, of Tracy Avenue, Batavia, is charged with DWI, refusal to take breath test, open container and passing red light. Lafond was stopped in the area of 413 E. Main St., Batavia, at 9:56 p.m. Jan. 5 by Officer Chad Richards.

Joseph M. Furst, 55, of Richmond Avenue, Batavia, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument and criminal use of drug paraphernalia. Furst was allegedly found in possession of a hypodermic needle and a glassine envelope containing a controlled substance at 9:45 p.m. Thursday at a location on Richmond Avenue by Officer Christopher Lindsay.

Lance M. Mercado, 25, of Holland Avenue, Batavia, is charged with petit larceny. Mercado is accused of shoplifting at Tops on Dec. 17.

Ward E. Royse, 40, of Walnut Street, Batavia, is charged with petit larceny. Royse is accused of shoplifting at Tops on Thursday.

Robert Lee Williams Jr., 25, of West Main Street, Batavia, is charged with harassment, 2nd. Williams was arrested following an alleged altercation at 3:21 p.m. Thursday during a basketball game at the YMCA. Williams allegedly struck another male.

Tracey L. Brewer, 50, of McKinley Avenue, Batavia, is charged with obligation of parent or guardian. Brewer was charged under Batavia Municipal Code after her child was allegedly found loitering on Liberty Street after curfew at 12:12 a.m. Saturday while police were in the area investigating a reported disturbance.

Roger James Farney III, 33, of Clayton Street, Batavia, is charged with driving under combined influence of drugs and alcohol, following too closely, moving from lane unsafely and expired inspection. Farney was stopped at 1:05 p.m. Jan. 5 on Pearl Street, Batavia, by Officer Jason Davis. A witness reported an erratic driver in the area. Farney was jailed on $2,500 bail.

Tyler Doreen Price, 23, of East Main Street, Batavia, was arrested on a warrant for alleged failure to appear to complete community service. Price was arraigned and released on his own recognizance with instructions by Judge Robert C. Balbick to report to Genesee Justice for community service.

Jeremy L. Lonnen, 24, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to appear. No further details released.

Jennifer L. Allegue, 43, of Ross Street, Batavia, is charged with allowing child to violate city curfew. Allegue's child was allegedly found on Liberty Street after the 11 p.m. city curfew at 12:12 a.m. Saturday while police were investigating a reported disturbance in the area.

Steven Michael Dick, 24, of Ellicott Street, Batavia, was arrested on a warrant for alleged failure to appear on two previous traffic violations. Dick was arraigned in City Court, entered a guilty plea, paid a fine and was released.

Teresa L. Jackson, 25, of Walter Smith Road, Catskill, is charged with aggravated unlicensed operation, 2nd, uninspected motor vehicle, and inadequate tail lamps. Jackson was stopped at 1:41 a.m. Monday on Pearl Street, Batavia, by Officer Matthew Wojtaszczyk.

YMCA Waives half its joining fee to jump start your January! Are you ready to shed those extra holiday pounds? Looking for a fresh start in 2016? Has cabin fever already started setting in? Join the Y during our membership campaign and save! Between 1/11/16 and 1/31/16 we will waive HALF the joining fee on any membership category. Up to $37.50 in savings!

YMCA Membership entitles you and your loved ones the chance to become part of an organization that believes in and promotes active and healthy lifestyles, progressive skill development, fair play, family, and character development. The YMCA is not just another gym. When you join the Y, you join a family and what’s more you join a place where people are looking for changes to their overall health. The Genesee County YMCA offers a wide array of programs and services to meet the interests and needs of the entire family from memberships for youth, college students, families and seniors. From swimming lessons and sports, to childcare and summer camping, there is truly something for everyone at the Genesee County YMCA. 

If you feel like you cannot afford a YMCA membership, it is the policy of the YMCA that no one is turned away due to an inability to pay. Financial assistance for membership and programs is available through the annual Strong Communities Campaign. The application process is easy and confidential. Please call or visit our member service desk to obtain an application. For more information on membership or programs offered at the Genesee County YMCA, please call (585)344­-1664 or log on to our Web site at www.glowymca.org. 

David Lavalle Andrews , 28, of State Street, Batavia, was arrested at 1 p.m. on Jan. 14 after allegedly failing to appear in Town of Batavia Court nearly two years ago after being released on bail. Andrews allegedly failed to turn himself in within 30 of a court appearance scheduled on Feb. 27, 2014. He is charged with third-degree bail jumping and is now in Genesee County jail. He was to appear in Batavia Town Court today. The case was handled by Deputy Thomas Sanfratello, assisted by Deputy Patrick Reeves.

Edward Jordan White, 20, of Michigan Street, Lockport, is charged with second-degree bail jumping. He was arrested at 9 a.m. on Jan. 12 and put in Genesee County Jail for allegedly failing to appear in County Court on April 7, 2015, for a felony proceeding and then not turning himself in within 30 days of the court date. The case was handled by Deputy Thomas Sanfratello.

Dennis Wayne Narvaez, 34, of Bank Street Road, Elba, is charged with speeding (77 in a 55-mph zone), refusal to take breath test, driving while ability impaired by alcohol (DWAI), and aggravated unlicensed operation, 3rd. Narvaez was arrested at 1:09 a.m. on Jan. 9 on Clinton Street Road in Stafford following a traffic stop. The case was handled by Deputy Kevin Forsyth, assisted by Deputy Howard Carlson.

A 16-year-old who lives on Porter Avenue in Batavia was arrested at 4:30 p.m. on Jan. 10 and charged with petit larceny. The arrest was made following a complaint of shoplifting at Kohl's. A 14-year-old accomplice was also allegedly involved. The defendant was released with an appearance ticket. The case was handled by Deputy Matthew Fleming.

Press release:

Sixth-grader Elli Schelemanow bested 22 other participants in the annual Robert Fowler/Byron-Bergen Grades 6-8 and Buffalo Evening News Spelling Bee held last month. Schelemanow now represents Byron-Bergen in the run for regional representation at The Scripps National Spelling Bee. Up next for her is a written test in early February to determine her eligibility for the regional spelling bee. That competition, The Western New York Oral Final, will be held on Sunday, March 13, at 1:30 p.m. at the Buffalo and Erie County Historical Society.

Runners-up this year are Byron-Bergen seventh-grader Joshua Swapceinski and eighth-grader Garrett Swinter. The competition put all the students through their paces, with eight challenging rounds and scores of demanding words before a champion emerged. The competition was moderated by teacher Andrew McNeil; with instructors Charlene Kelly, Laurie Penepent, and Diana Walther acting as judges. 

Byron-Bergen’s exceptional spelling contestants:

Grade 6: Corey Abdella, Madison Burke, Sadie Cook, Grace Huhn, Elli Schelemanow, Alex Toal, Ella Van Valkenburg, Hallie Wade, and Corden Zimmerman. 
Grade 7: Julietta Doyle, Josh Fleming, Gavin Lewis, John Mercovich, Alaura Rehwaldt, Sarah Streeter, and Josh Swapceinski.
Grade 8: Siomara Caballero, Alex Dean, Cambria Kinkelaar, Ethan Ray, Garrett Swinter, Justice Towne, and Grant Williams.

Byron-Bergen’s Jr./Sr. High School Interim Principal Patrick McGee congratulated Shelemanow, Swapceinski, Swinter, and all the participants.

“Our schools are proud to have Elli represent us, and I’m confident she will do a great job,” he said. “All our kids did impressive work with very difficult spelling challenges. McGee also wished to thank all the teachers at the Elementary School and Junior HS for their support, “especially Jason Blom and Elizabeth Findley and the sixth-grade team.”           

Top photo: Robert Fowler/Byron-Bergen Grades 6-8 and Buffalo Evening News Spelling Bee (l-r) runner-up Garrett Swinter, Bee champion Elli Schelemanow, and runner-up Joshua Swapceinski.