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Lake effect snow predicted for Batavia

By Howard B. Owens

The National Weather Service is reporting that Doppler radar indicates an area of lake effect snow is heading for Genesee County, and Batavia and northern parts of the county specifically.

The storm is reportedly capable of producing up to a half-inch of snowfall an hour.

Visibility will be reduced to a half mile during the storm.

The storm will spread east through 11:30 a.m.

Accident reported on the Thruway with possible injuries

By Howard B. Owens

A an accident is reported on the Thruway in the area of mile marker 387, which puts it just east of Byron Road, Town of Batavia.

A driver is reportedly slumped over the wheel of his vehicle.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 11:21 a.m.: Town of Batavia back in service. No further information of possible injuries, if any, at this point.

UPDATE 12:26 p.m.: This was a medical issue.

Accident with injuries reported on East Main Street, Le Roy

By Howard B. Owens

A motor-vehicle accident with injuries is reported at East Main Street and Church Street, Le Roy.

Le Roy fire and Le Roy ambulance dispatched.

Dispatchers are trying confirm whether there is entrapment.

UPDATE 9:04 a.m.: Route 5 being shut down at North Street and Mill Street.

UPDATE 9:14 a.m.: Mercy Flight put on standby.

UPDATE 9:17 a.m.: We've not heard Mercy Flight dispatched, but a ground contact is being established for a landing zone.

UPDATE 10:50 a.m.: This was a three-vehicle accident. A minivan and a pickup truck were in the turn lane on East Main Street, poised to turn south onto Wolcott, when the pickup truck was struck from behind by a westbound a black Chevy SUV. The truck was pushed into the mini-van. The driver of the SUV told officer Daryl Robb that he apparently fell asleep. A witness reportedly estimated his speed at 50 mph. The SUV driver was taken by Mercy Flight to an area hospital with possible serious injuries. One other driver was taken by ground ambulance to an area hospital and the third driver was a sign-off with only a minor facial cut. There were no passengers in any of the vehicles. The Crash Management Team for the Sheriff's Office is on scene conducting a thorough investigation.

Law and Order: Reported chair pushing incident leads to arrest

By Howard B. Owens

Mary Ann McClain, 53, of North Main Street, Albion, is charged with harassment, 2nd. McClain allegedly pushed a chair into another person repeatedly "causing annoyance and alarm." The call came in at 7 p.m. Monday on Judge Road, Alabama. 

Derek G. Thomas, 38, of Ross Street, Batavia, is charged with petit larceny and conspiracy, 6th. Thomas is accused of shoplifting from Dollar General on Sunday. Also arrested was Melinda S. Blackshear, 49, of Ross Street, Batavia. Blackshear was charged with petit larceny and conspiracy, 6th.

Rashad N. El-Amin, 33, of Jackson Street, Batavia, is charged with unlawful possession of marijuana. El-Amin was arrested following an investigation at 3:18 a.m. Monday into a reported suspicious condition at an apartment on South Main Street, Batavia.

Matthew M. Maniace, 32, of Birchwood Drive, Batavia, is charged with harassment, 2nd, and petit larceny. Maniace allegedly bent back the thumb of another person and took the phone of that person before leaving a residence on Birchwood Drive, Batavia, at 12:19 p.m. on Sunday. Maniace was also arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge and jailed on $1,000 bail.

Lauren M. Hunter, 24, of Oatka Trail, Le Roy, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Hunter was arrested following an investigation into an unrelated complaint at 2:43 a.m. Sunday on Summit Street, Batavia.

Icy conditions reported on Batavia streets

By Howard B. Owens

Roadways in the city are reportedly slick with ice this morning and at least one accident, on Clinton Street, as been reported as a result.

City crews are out and salting roadways now.

The current temperature is 21 degrees.

Construction on 30-unit apartment complex Downtown could begin in February

By Howard B. Owens

Sometime soon after the first of the year, Vito Gautieri expects to get word from at least one bank on funding for his planned apartment complex atop of Save-A-Lot at 45-47 Ellicott St. in the City of Batavia.

Gautieri is planning a four-story structure with 30 quality apartments with rents ranging from $800 to $1,100 per month.

He expects to begin construction on the "Casa Mia" complex in February. Completion will depend on arrangements with another contractor, but could come as early as the Winter of 2015.

"It’s a nice project and we’re working like mad on it to see if we can get it going as soon as the financing is done," Gautieri said.

If it comes through, Casa Mia will be a nice boost for the Downtown economy, said Julie Pacatte, coordinator of the Batavia Development Corp.

"Our marketing reports have told us there is a need for quality, urban housing in Downtown Batavia," Pacatte said. "There is a boom in Rochester and they're taking full advantage of the demand from millennials and empty-nesters for more quality apartments. We're excited about it. It brings more disposable income Downtown, more shoppers, more diners, which is what we're looking for."

Gautieri has not applied for any financial assistance from the BDC nor the GCEDC, he said, though he may seek a tax break through the city's 485(A) program.

The BDC has worked to spur development of several apartments on Jackson Street and Jackson Square, all in the $800 to $1,000 per month price range, and every unit was rented as soon as it hit the market.

That, and the marketing studies, gives Gautieri a high degree of confidence that his 30 units will fill up quickly.

"There's a lot of advantages to living downtown for young people and the elderly," Gautieri said. "It will be a good compliment to the Save-A-Lot and within walking distance you've got seven or eight restaurants. That should really make it attractive for people."

He anticipates from 70 to 80 people, including children, will live in the apartments.

Sav-A-Lot occupies only half of Gautieri's property there. He's been unable to find businesses willing to rent the other half of the building, so he's planning to convert that space into covered parking -- 32 spaces -- for the residents of the apartments.

The building was originally constructed by Gautieri for Montgomery Ward and the second floor was intended to be a warehouse, so it was engineered to hold a lot of weight.  

That construction is what enables Gautieri to now add two more floors of apartments.

The second floor will be flats. As soon as funding is approved, crews will get busy opening windows and erecting interior walls.

Gautieri is negotiating with companies in Buffalo and Clifton Springs for pre-fab apartments for the planned third and fourth floors.

If an appropriate deal can be brokered, he anticipates finishing the project by the end of next year.

If his own crews have to build the structure, then it will take well into 2016 to finish.

The apartments on the fourth floor -- Gautieri doesn't call them penthouses, "there are no penthouses in Batavia," he said with a chuckle -- will rent at the higher rates, but the first tenants will be able to customize their spaces.

The project is exciting, even if the BDC isn't directly involved, Pacatte said, because more people living Downtown will drive economic growth, help fill retail spaces and bring in more people.

Studies show that each downtown housing unit drives $19,000 in demand for retail goods and services.

"Investment into Downtown that responds to the market findings will be another win for our efforts toward community renewal," Pacatte said. "The Jackson Street owner investments in recent years have already proven successful -- reaching 100-percent occupancy within weeks of becoming available."

The Ellicott Street project isn't Gautieri's only apartment plan Downtown. He's also planning a project for his property at 45 Liberty St.

The project will consist of small, single-occupant apartments aimed at young people just starting out in life or elder people on fixed incomes with minimal residential needs.  

"There's companies doing some of these in Rochester and they're rented before they even start construction," Gautieri said.

He's also planning to convert one of his office buildings on Liberty, where he already operates storage units, into storage units.

Town of Pavilion reeling from loss of highway superintendent

By Howard B. Owens

Folks in the Town of Pavilion were shaken Friday by the death of Highway Superintendent John Strathearn, who succumbed to a heart attack suffered while salting the roadway on Route 19 near the fire hall.

CPR was performed on Strathearn after he collapsed Friday morning, but he died about 3 p.m. that afternoon, said Town Clerk Cindy Starr.

"He was a great guy," Starr said. "That's just how he was. I would ask him to do something, and he would do it."

Strathearn worked for the town for nearly 30 years (picture of a pin he was awarded last spring).

He was born Jan. 3, 1953 in Batavia, the son of the late Leigh and Eleanor Buckout Strathearn.

He was a graduate of Wyoming Central School.

He was a member of the Silver Lake Sportsmen’s Club, the Wyoming County Veterans Club in Warsaw and the Loyal Order of the Moose #1132 in Le Roy.

More than 200 people, possibly 300, turned out for a celebration of Strathearn's life on Saturday at B.W.'s restaurant, Starr said.

"Everybody thought very highly of John and that was a great tribute to him, I thought," Starr said.

Town of Pavilion employee Jamie Cleveland said Strathearn was always ready with a helping hand for whomever needed it.

"No matter what, no matter the cost, either on the job or just personal," Cleveland said. "I worked with him for 14 years and never heard one complaint about him. He had an impeccable record."

The loss is being felt throughout the town and the town's staff, Starr said.

"He was part of the family," Starr said. "Each one of us felt he was part of our families. He's a great loss for every member of our staff."

Calling hours are 3 to 7 p.m., Tuesday, at Robinson & Hackemer Funeral Home, 246 N. Main St., Warsaw, where John’s funeral service will be held immediately following visitation at 7 p.m. Burial will be in Dale Cemetery at a later date. In lieu of flowers, memorials may be made to the Pavilion Fire Department, Pavilion, NY 14525 or the Wyoming Hook & Ladder Co., Wyoming, NY 14591.

Proposed apartment complex in Town of Batavia receives state grants

By Howard B. Owens

The office of Gov. Andrew Cuomo announced today funding of $16.5 million for 240 units of new affordable housing across the state, including more than $2 million for Big Tree Glen, a project being planned for West Main Street Road, Batavia.

From the press release:

This $12.2 million project is being co-developed by Conifer LLC and United Memorial Medical Center to consist of 56 affordable rental units in seven two-story buildings. The project meets the Early Award Housing Opportunity Project goal in that the project will be served by Pembroke School District, one of the highest-performing districts in Western New York. The project is also in close proximity to jobs, shopping and services. The Town of Batavia supports the project, as evidenced by the approval of a Special Use Permit, approval of the preliminary site plans, and the issuance of a negative SEQRA declaration.

HCR funding for this project will be provided through a Housing Trust Fund award of $1,382,135 and through a $775,583 award of Federal Low-Income Housing Credit, which will leverage Bank of America and CPC loans of $2.2 million and $1,050,000 respectively, $120,000 of NYSERDA funds, and a deferred developer fee of $208,612.

Previously:

Low gas prices could cost local governments a total of $1 million in gas sales tax revenue

By Howard B. Owens

The drop in gas prices may be great for your pocketbook, but it's costing Genesee County, and other local governments, a bit of money, though the precise amount of lost revenue is dependent on how the local economy does in other sectors.

County Treasurer Scott German's back-of-the-envelope calculation is at least $500,000 in lost sales tax revenue for the county and another $500,000 distributed among the county's other municipalities, based on current gas prices.

Officials, however, expect much of that drop in revenue to be offset by increased local sales and a seemingly growing local economy.

Since the county already budgeted for a $300,000 drop in sales tax, said County Manager Jay Gsell, any decline in gas sales tax will be a soft blow.

"The level of consumer spending and consumer confidence being up in last quarter of 2014 and new retail opportunities in late 2014 and 2015 could also help stave off fuel sales decline estimated by the county treasurer," Gsell said. "Sales tax projections are not an exact science and statewide figures during 2014 have been all over the map and inconsistent."

German said there are so many variables in sales tax, it makes it hard to predict revenue, even though the sales tax on gas is a nice chunk of change for local governments.

"Who would have thunk back in August that we would be paying less than $3 a gallon for gas around the holidays?" German said.

There is a delay in transfer of sales tax revenue from the state to the county, so determining the exact amount of the revenue decline isn't possible just yet, German said.

Most of the local fuel sales is from travelers on the Thruway and fuel prices could also increase the number of travelers on the Thruway, thereby increasing gross sales tax revenue.

The county -- with its fleet of snow trucks, maintenance trucks and patrol cars -- will realize some cost savings on its own fuel expenditures, but it's too soon to get those numbers, officials said.

Batavia City Manager Jason Molino said that while sales tax accounts for 18 percent of all sales tax revenue, he's planning on either a slight increase or flat sales tax revenue.

"That's got to have an impact when one-fifth of your sales tax comes from fuel sales," Molino said, but there's also an upside to lower fuel prices that will help boost revenue.

"I was out on the west side of town before Christmas and the parking lots were packed," Molino said.

An informal survey of a handful of The Batavian's advertisers found a universal sentiment that these stores had a strong holiday sales season.

German said the impact of holiday sales won't hit the books until April. Before then, it's not possible to put a number on how well the county did in November and December, at least according to sales tax figures.

Molino said the county's low employment rate combined with one of the strongest growth rates in real wages in the state is helping to offset any drop in gas sales tax revenue.

"How long prices are going to stay ... at this low level is the bigger question," Molino said. "There's no real answer to that question. It would be nice if there was some price stability."

Audit critical of online banking security for Byron-Bergen schools

By Howard B. Owens

The Byron-Bergen Central School District needs to improve its online banking security, according to a NYS comptroller's audit released this month.

While the district informed the auditors that some of the report's recommendations were already being complied with or will be met, the board rejected one of the recommendations.

Auditors said that while the district has online access to all of its accounts -- including high-balance savings accounts -- such access is unnecessary.

The board countered: Actually, online banking for all district accounts is unavoidably necessary, thanks to the state.

"Due to the remote location of our school district," the district board responded, "and limited district office staff due to the ever-increasing budget constraints caused by the property tax cap, freezing of state aid and the Gap Eliminate Adjustment, we are unable to do banking transactions on a regular basis at our banking institution's branch locations due to distance and time away from other duties district office staff perform. We must be as efficient as possible in the use of our existing office staff. That efficiency is increased with the ability to our banking functions online."

The audit found that two employees were keeping their usernames and passwords on a piece of paper and while one document was locked in a filing cabinet, the other was kept in a cabinet that wasn't always locked.

Online-banking users also do not properly log out of their banking sessions and then delete their browsing history, cache and cookies, according to the audit.

The audit also knocked the district for not having copies on file of its banking agreements, but district officials said they felt the confidential information contained in these documents were best secured at the bank and not in district offices.

The district is not taking full advantage, the report states, of their bank's notification alerts for high-threshold transactions.

The district said it has instituted additional staff training in these area were best practices were not already in place.

State Comptroller asks county officials to tweak record keeping procedures

By Howard B. Owens

A couple of minor discrepancies were uncovered by a state audit of county records related to court and trust funds cases and the handling of abandoned property. County officials took immediate corrective actions, according to the audit report, which the Comptroller's Office completed this month.

The state's abandoned property law requires that money that has remained unclaimed with a county treasurer for three years must be turned over to the Comptroller's Office.

The audit found $507 that had not been turned over to the Comptroller's Office.

The County Clerk is responsible for recording court orders involving surplus money from foreclosures, contract disputes and mechanic's liens, and in some circumstances, funds from estates are entrusted to the treasurer for safekeeping. The County Clerk and Surrogate's Court are required to develop procedures and processes that provide a system of internal controls to account for and safeguard these funds.

The audit examined records maintained from Jan. 1, 2011 to Jan. 1, 2014.  

While records were found to be up-to-date, the Clerk's Office was not properly recording funds into a trust fund register of the money ordered paid into a court.

"The clerk's records could not be used to verify that all court-ordered deposits had been properly received and deposited by the treasurer," the audit report reads. 

The audit indicates both issues have been addressed by the Clerk's Office and the Treasurer.

Auditors tell Stafford Fire Department to improve its record keeping

By Howard B. Owens

The Stafford Fire Department board of directors needs to improve the department's record keeping and financial procedures, according to an audit completed by the state Comptroller's Office.

The audit found no evidence of missing funds, but said some of the lack of proper approval for expenditures could lead to unauthorized or improper expenditures.

The audit covered a 19-month period beginning with Jan. 1, 2013.

The department's revenue in 2013 was $550,130 and it spent $543,145.

While the department's treasurer maintained appropriate records and submitted monthly financial reports to the board, the treasurer did not properly receive all cash receipts.

For example, in 2014, the department collected $11,181 in cash from its annual carnival, but only $3,685 was turned over to the treasurer.

The department's president used the remaining $7,496 to pay for various carnival-related expenses, including a carnival ground cleaning service, food and supplies for a party for carnival workers and carnival set-up costs. 

"Although these expenses were supported by invoices and handwritten documents," the audit states, "the board was not given the opportunity to review and approve the payments before they were made."

The Ladies Auxiliary collected collected and deposited all of the department's banquet, hall and pavilion rental revenues into its own bank accounts, though there's no provision in the department's bylaws for this practice.

The Auxiliary collected $7,970 in banquet revenue, $2,305 for hall and pavilion rentals in 2013.

The auditors also reviewed 601 department checks with a total disbursement of $1.7 million from June 1, 2013 to May 31, 2014 and though financial activity was properly recorded and payments were supported, there were 131 transactions that were not properly reviewed by the board.

These expenditures totaled $394,897 and were made by the Classic Car Committee.

The bills, the board told auditors, were not always submitted prior to the appropriate board meeting.

The Comptroller's Office made four recommendations for changes, and President Dave Wallace, responded in writing with the board's plan of action to address the recommendations, and it is as follows:

  • The bylaws will be changed to require checks for payment of all bills and all cash to be returned to the treasurer. Itemized bills are required for all expenditures;
  • A contract will be drawn up with the Auxiliary for financial transactions;
  • Committees must present their bills to the board in a timely manner;
  • The department will hire an independent audit service.

Photo: FM antenna installation on WBTA's tower

By Howard B. Owens

Out on Creek Road is a long, tall structure the folks at WBTA affectionally call "the stick." It's where the over-the-air signal for the 73-year-old AM radio station is transmitted. Today, in our 28-degree weather, a crew installed a new FM antenna that will enable you to hear "one of America's two great radio stations" at 100.1 FM. WBTA (1490-AM) will start simulcasting on both frequencies Feb. 6. The station first went on the air Feb. 6, 1941.

Nursing Home lifts visitor restrictions as flu cases wane

By Howard B. Owens

Press release:

As of this morning (Dec. 29, 2014) the Genesee County Nursing Home has experienced no new cases of influenza in several days and is lifting visitor restrictions which have been in place for the past week.
 
However, Visitors with cold symptoms, fever, cough, etc. are asked not to visit. Young children should also not visit. All nursing home and adult home residents are still being monitored for cold or flu symptoms.
 
We appreciate the cooperation we have received so far in our efforts to reduce the spread of influenza among our residents and in the community.

Law and Order: Alleged purse snatcher accused of struggling with police

By Howard B. Owens

Ramon E. Esparza, 25, of State Street, Batavia, is charged with petit larceny, obstructing governmental administration, 2nd, and criminal mischief. Esparza is accused of stealing a purse while at a local restaurant. The call came in at 10:52 p.m., Friday. When police arrived and located Esparza, he allegedly failed to comply with an officer's instructions. There was allegedly a brief physical struggle before Esparza was taken into custody by Officer Marc Lawrence. Esparza was jailed on $2,500 bail.

Sade A. Poole, 22, of West Avenue, Medina, is charged with harassment, 2nd. Poole allegedly struck an employee of a local bar. The call came in at 1:16 a.m., Saturday.

William B. Coley, 44, of Frisbee Terrace, Holley, is charged with petit larceny. Coley is accused of stealing $764 from a misplaced wallet at a location on Park Road, Batavia, on Nov. 5. 

Dustin V. Gothard, 26, of Wolcottsville Road, Akron, is charged with petit larceny and unlawful possession of marijuana. Gothard allegedly stole a bottle of cough medication from Tops Market. Upon his arrest, he was allegedly found in possession of marijuana.

Kayleigh Jean Allen, 22, of North Byron Road, Elba, is charged with DWI, driving with a BAC of .18 or greater and failure to signal a turn. Allen was stopped at 2:57 a.m. Dec. 21 on North Byron Road, Elba, by Deputy Eric Seppala.

Jason Scott Stanley, 22, of Judge Road, Basom, is charged with DWI, driving with a BAC of .08 or greater and speeding. Stanley was stopped at 11:40 p.m., Friday, on Batavia Oakfield Townline Road by Deputy Joseph Corona.

Michele Lynn Buccinna, 46, of Alleghany Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, and two counts of speeding (77 in a 45-mph zone and 52 in a 30-mph zone). Buccinna was stopped at 1:45 a.m. Saturday on Pearl Street, Oakfield, by Deputy Joseph Corona.

Antonio Lee Escobar, 19, of 156 Woodside Court, Holley, is charged with unlawful possession of marijuana. Escobar was allegedly found in possession of marijuana after a traffic stop on a suspicious condition complaint at 10:30 p.m. Dec. 21 by Deputy Christopher Erion.

Todd Wilbur Ellinwood, 54, of South Union Street, Rochester, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, unregistered motor vehicle, uninspected motor vehicle and failure to signal. Ellinwood was stopped at 8:11 p.m. Saturday on Rochester Street, Bergen, by Deputy Joseph Corona.

Martha Ruth Thorn, 34, of Main Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, and lights not meeting standards. Thorn was stopped at 2:49 a.m. Sunday on Main Road, Stafford, by Deputy Joseph Corona.

Search for missing person in Le Roy

By Howard B. Owens

Firefighters from Le Roy and other volunteer fire companies along with local law enforcement are on scene at a residence on West Bergen Road, Le Roy, to search for a missing person. 

The scene is closed to all but search personnel. 

Stafford, Bergen and Pavilion have been dispatched. 

Gators from Alexander and Caledonia requested to the scene.

UPDATE 6:30 p.m.: The subject was located about 15 minutes ago. The elderly male, an Alzheimer's patient, was found by a neighbor dressed in his pajamas huddled and shivering on the floorboard of the neighbor's car. The neighbor was leaving for work. The search started around 12:30 a.m. with a K-9 unit after relatives reported the man missing. He had last been seen sometime between 11 p.m. and midnight. Later in the morning, Le Roy fire was called in, with mutual aid from at least eight other departments, according to Chief Tom Wood. The man was transported to UMMC for evaluation but other than feeling cold, he appeared to be in good condition, Woods said. The outcome could have been a lot different in harsher winter conditions, Woods noted.

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