batavia

On the road back to Batavia after a trip to Lockport for a story, I spotted this cabbage harvester working on MY-T Acres Farm off Lewiston Road, Batavia.

A car vs. pole accident with minor injuries is reported in the parking lot of the Genesee County Animal Shelter, 3841 W. Main Street Road. Town of Batavia Fire Dpeartment and Mercy medic #4 is responding.

Matt Gray remembers the old J.J. Newberry's Downtown, with its creaky floors, dusty inventory and a lunch counter he would saddle up to next to his grandmother to enjoy a hot dog.

Now he owns that building, but his ambition far exceeds nostalgia. It's about revitalization and doing his part to bring vibrancy and economic growth back to his community.

Gray, along with partners Jon Mager and Matthew Boyd, will be the owners of the anchor tenant in an ambitious project backed by the Batavia Development Corp., Genesee County Economic Development Corporation, and Rural Development/USDA to help aspiring restaurant owners get a start in Downtown.

The partners are creating Batavia Brewing Company, a new microbrewery at 109 Main St., Batavia.

The location will also be known as freshLAB, a restaurant incubator where entrepreneurs with great ideas for unique menu items sourced mostly with local and regional ingredients can see if they can turn their food concepts into thriving businesses.

Mager said the ambition for the project is rooted in the fact that he and Gray grew up in Batavia, are businessmen in this community, are raising families here and want to see their community thrive.

"We wholeheartedly believe Batavia is a great place to live, work, play and raise a family," Mager said. "By joining the ranks of the many great places to eat and drink Downtown, we hope to be part of a complete and full resurgence and revitalization that is attracting people back to Downtown."

Gray said they picked a downtown location because that would generate the greatest economic impact, both for other restaurant and bar owners and for themselves.

"There were a lot of other pluses on a lot of other sites, including parking, but (what) it came down to, is we believe in the clustering effect," Gray said. "There are so many good restaurants and so much good nightlife already down in this area. Adding more to it is only going to make each one of us healthier. By going off on our own, we're going to have to fight uphill to trying to get people to come to us." 

Mager and Gray, who got his start in food business ownership with Matty's Pizzeria and currently own's Alex's Place along with restaurants in Southern states, first started talking about opening a brewery in 2013. In 2013, Mager completed training with the American Brewers Guild. 

At the same time, Julie Pacatte and the BDC board were looking at all this data saying too much restaurant and bar spending by local residents -- some $12 million -- was being spent outside of Batavia. People wanted more food choices locally. And there were a number of people who would come to the BDC for assistance in starting restaurants, but just didn't have the wherewith all to pull it off. So this incubator idea, which has been successful in other markets, started forming.

Pacatte heard about Mager and Gray's ambitions and recognized the possibility of a partnership.

"We want those dollars to say here," Pacatte said. "We want a reason for people to be eating and drinking in Downtown Batavia, more reason to do that. We want to offer a product that really ties our commerce, our downtown businesses to our agriculture community."

In a survey, the vast majority of respondents said they want healthier food choices in Batavia, they want more ethnic food (Millennials especially, marketing data shows, go for Far Eastern cuisines and spicier choices), and diners want more seafood.

"We're hoping that in this concept and in this project, that we're able to draw some of the folks in who can create some of those plates and meals and sandwiches or salads, that will be able to invent those kinds of meals and lunches and dinners and breakfasts here in Batavia," Pacatte said.

Rural Development is kicking in more than $67,000 in grants to provide equipment and furnishings for the "dining hall" element of the facility, that will be a shared space between the brewery and the food vendors. 

Steve Hyde, CEO of GCEDC, praised Gray and Mager for their foresight and willingness to take a risk, as entrepreneurs, to start a new business concept in their own community that will help their own community. Batavia is on the rebound, Hyde said.

"We have the innovation economy in our community now, higher-paying jobs, bigger-paying jobs, so our kids (can) stay here, come back home, and guess what, it makes this place a great place live, work and play and opportunities like this are going to make this happen even more," Hyde said. "It's really a great way to shine up the apple here in the city."

He said Mager and Gray are visionaries.

"It's so rewarding to us to have our local guys step up to the plate, invest in their community, and do what they're good at, 'cause this isn't new news for these guys," Hyde said. "This is right in their wheelhouse and they'll make it a great success."

The prospect of the town’s first property tax levy in more than three decades accomplished at least one thing Wednesday night. It drew an interested crowd to Town Hall.

About a half-dozen residents spoke during what amounted to two public hearings regarding the proposed 2016 town budget, which calls for a property tax levy of $500,000 and a tax rate $1.42 per $1,000 assessed value.

Speakers shared their concerns about the proposed tax levy, complimented the board for its work and asked questions about the budget — questions Supervisor Greg Post welcomed.

But little was offered to change the town’s dismal budget outlook.

“I am open to anything that would do a better job than what we have done,” Post said. “And I would welcome any opportunities to change the metrics and to try to reduce our exposure and still sustain the community.

“The next 30 years are going to be tougher than the last 30,” he said.

Those “metrics” include more than a decade of relying on cash reserves to balance the town budget, combined with decreasing sales tax revenue, stagnant investment income and rising costs.

The result is a proposed 2016 budget that calls for $4.64 million in general fund spending, a decrease of $300,000 from this year. The budget would use $600,000 from cash reserves, which would leave a projected fund balance of $1.4 million.

The public hearing on the proposed budget was Wednesday night. Also on the agenda, was a public hearing on proposed Local Law No. 5, which would override the state-imposed 2-percent cap on property tax increases.

The board took no action on either issue. A work session is scheduled for Nov. 10, and the board will likely vote on the 2016 budget and tax cap override when it meets on Nov. 18, Post said.

Speakers during Wednesday’s hearing said a new tax would be tough to bear.

“We have a lot of senior citizens in our town, that are not going to get a cost of living raise (next year),” said Cheryl Kowalik, of Alexander Road.

And breaking the property tax cap, she said, means those same residents will not receive a property tax rebate check from Albany next year.

“We’ve been conscious of that for a long, long time,” Post said. “It’s a big part of every budget conversation every single year.”

Post said instituting a tax levy was a decision that could no longer be postponed. It’s been the subject of “heated” discussions since budget talks began this past summer.

The proposed budget, he said, is one of three spending plans he’s compiled this year — and it is essentially a compromise.

The first version included no tax levy but would have slashed reserves to a risky level.

The second plan, set aside a more robust reserve fund. But it included a $1 million levy, with a $2.84 per $1,000 assessed value property tax rate.

Ultimately, the board agreed to spend just $600,000 in cash reserves and impose a $500,000 tax levy.

“With the understanding,” Post said, “that we will continue to whittle away the use of the unexpended fund balance, and reduce our spending to the same degree we reduced it this year.”

Bob Zeagler, of Donahue Road, called for more immediate spending cuts.

“Please don’t add more taxes to us already overburdened taxpayers,” Zeagler told the board. “Go back and start cutting and trimming, everywhere and anywhere, with a very sharp chainsaw — raises included.”

Post said the proposed budget calls for pay increases of 3 percent, on average.

Freezing wages might make good politics, he said. But it would make little practical difference in the budget, and would hurt town services. 

“I knew what my job was when I took office,” Post said. “But the responsibility of all of you in this room, and every resident of this town … is to find someone who can do this job better than me, for less money.”

The Town Board schedules work sessions every week, he said, and the Town Hall doors are always open.

“You want transparency in government? We’ve had 500 meetings — no one attends,” he said. “We still have them; no one shows up.”

Residents need to be “watchdogs,” Post said.

“If there is a concern with the level of service any of you have received from any of our staffers,” he said, “I will listen, and we will investigate. Every staffer here — every person that’s employed — starts from zero every year in July and they have to justify their wage and what they do.

"We do absolutely our best to reduce the costs and still attract and retain and encourage people to do more. It’s a delicate walk.”

No one spoke during two additional public hearings scheduled Wednesday concerning water and sewer rates for May 2016 through February 2017.

The proposed sewer rents are $5.62 per 1,000 gallons in sewer districts Nos. 1 and 2. The proposed base water rate is $4.95 per 1,000 gallons and the proposed agricultural water rate is $3.31 per 1,000 gallons.

Press release from Bill Davis, Water Department supervisor for the City of Batavia:

On Thursday, Nov. 5th, North Spruce Street in the city will be closed to traffic from East Main Street to Margaret Place for water line repairs. It will be closed for most of the day.

Water may be disrupted on North Spruce Street from East Main Street to Chase Park, including Margaret Place and Eleanor Place.

Work is going to start at 8:30 a.m..

UPDATE 12:35 p.m., Nov. 5: Repairs are complete and North Spruce Street is now reopened.

From our news partner, WBTA:

Election results from at least two Batavia City Council ward races will have to wait until next week to be declared final. Results from Ward 3 and Ward 4 are too close to call until absentee ballots are counted, according to GOP Election Commissioner Richard Siebert.

Unofficial results released by the Board of Elections late last night revealed:

Ward 3

• John Canale 111
• Richard Richmond 94

 
Ward 4

• Alfred McGinnis 161
• Pier Cipollone 131

 
This morning Siebert said absentee ballots in both Ward 3 and Ward 4 could change the preliminary outcomes.

In Ward 3, there were 50 absentees ballots issued, 23 have been returned so far.

In Ward 4, 72 absentees ballots were issued and 33 have been returned.

It is possible, Siebert said, that when absentee ballots are counted next week, the final numbers could declare a different winner.

Only 17 votes separate John Canale from Richard Richmond, and 30 votes separate Pier Cipollone from Alfred McGinnis.

Siebert said all absentees ballots must be post marked by Nov. 2 and must be received by the Board of Elections by Nov. 10.

The third City Council contested race was in Ward 2. The unofficial returns reported last night were:
 
Ward 2 

• Patti Pacino 133
• Lisa Whitehead 80

Aspiring restaurant owners are going to get a unique opportunity to start their own businesses in a Downtown Batavia location that will be anchored by a new microbrewery, economic development officials will announce tomorrow.

A press conference is scheduled at 109 Main St., Batavia, at 3:45 p.m. to announce plans for freshLAB and the Batavia Brewing Company.

The freshLAB concept is borrowed from other successful restaurant incubators in larger markets, such as Dallas, Denver and Los Angeles. 

Batavia Brewing will be owned by a current local restaurant owner. Attempts to reach that owner to confirm his participation have been unsuccessful.

The announcement from officials of the press conference, however, makes clear a brewery is part of the plan (the logo included with the announcement is at the top of this post).

The concept of the restaurant incubator will be fully explained tomorrow, but Julie Pacatte, economic development coordinator for Batavia Development Corp. said the idea grew out of what the BDC board has observed for a number of years. The board had to turn down several requests to provide low-interest loans to proposed restaurants because of either undercapitalization or inexperienced aspiring owners.

With the incubator concept, aspiring restaurant owners can get started with a smaller initial investment and there will be advisors available to help them plan their concept, get up and running, manage the operations and hopefully, eventually, expand into a bigger, stand-alone location.

"Opening a restaurant is a big undertaking," Pacatte said, "60 percent fail within the first two to three years. This will provide those owners with a more affordable space and more coaching and guidance."

The location, 109 Main St., is the former Newberry's building. Most recently it was the location of T-Shirts Etc. and the Red Cross. It was previously the location of Main Street Coffee. Previous owner Ken Mistler has sold the building. The new owner will be announced tomorrow.

Also participating in the press conference is the Rural Development division of the U.S. Department of Agriculture. The USDA will provide grant assistance for the restaurant incubator.

Part of the concept of the incubator is that aspiring restaurant owners must source most of their ingredients from farms from throughout the WNY region. The restaurant/food station concepts must also be unique to Batavia. The menu needs to be a different concept with offerings that vary from what's available in restaurants currently.

Part of the driver for creating the incubator is marketing surveys that show a lot of the entertainment and dining dollars spent by Batavia residents is flowing out of the county. Economic development officials hope to create a stronger cluster of restaurants in Batavia to help keep more of those dollars in the local community.

Press release:

The Genesee County Agricultural Society is accepting proposals to lease and operate the 1/3 mile dirt oval race track for the 2016 racing season. Detailed proposals should be sent to geneseefair@yahoo.com by Nov. 17th.

A tractor-trailer rollover accident, unknown injuries, is reported at Oak and Main streets in the City of Batavia. City fire and Mercy medics are responding.

UPDATE 1:59 p.m.: A responder reports a saddle tank on the vehicle is leaking.

UPDATE 2:03 p.m.: The third platoon is asked to report to city fire headquarters.

UPDATE 2:18 p.m.: A source at the scene said the tractor-trailer was hauling "wheat middlings" -- a by-product of flour production -- to a Baskin plant in Bethany to be processed into livestock feed.

UPDATE 2:31 p.m.: The first platoon is requested to report to fire headquarters.

UPDATE 3 p.m.: City Fire Chief Jim Maxwell said motorists should avoid the area for the next couple of hours. He said it will probably be 5 or 6 o'clock before they can get the vehicle uprighted and removed, along with the debris. Rush hour is still ahead and the crash is impacting traffic on routes 98/63/33. No injuries reported, nor were other vehicles involved, Maxwell said. The tractor-trailer was southbound on Route 98 and was turning eastbound on Main Street when either the load shifted or a mechanical problem occured and the whole thing went sideways. Besides the mess of crushed wheat and traffic, firefighters had a couple of saddle tanks leaking fuel. They were able to contain the spill and prevent it from going down into the storm  drain, Maxwell said.

Press release:

The American Red Cross encourages eligible donors to give blood to help ensure a sufficient blood supply throughout the holiday season.

A seasonal decline in donations often occurs from Thanksgiving to New Year’s Day when donors get busy with family gatherings and travel. However, patients don’t get a holiday vacation from needing lifesaving transfusions. In fact, every two seconds, someone in the United States needs blood.

Lorie Alwes remembers her father being called often to give blood – even on holidays. He had type O negative blood, the universal blood type.

“One time it was in the middle of Thanksgiving dinner and off he went without hesitation,” she recalls. “He explained to us kids that his blood was used in emergency situations and could possibly save another life.”

Years later, Alwes learned that she also has type O negative blood. She has since donated whenever needed and has encouraged her 17-year-old son to carry on the lifesaving family tradition that was so important to his grandfather.

Donors with all blood types are needed, and especially those with types O negative, B negative, A negative and AB. All those who come to donate Nov. 25-29 will get a Red Cross mixing spoon and celebrity chef recipe set, while supplies last.

To make an appointment to donate blood, people can download the Red Cross Blood Donor App from app stores, visit redcrossblood.org or call 1-800-RED CROSS (1-800-733-2767).

In Genesee County, there are four upcoming blood donation opportunities:

Alexander
Monday, Nov. 23 from 1:30 to 6:30 p.m., Alexander United Methodist Church, 10540 Main St.
 
Batavia
Friday, Nov. 20 from 9 a.m. to 2 p.m., Social Services Building, 5130 E. Main Street Road
Saturday, Nov. 28 from 10 a.m. to 3 p.m., Batavia City Mall, 106 Main St.
 
Stafford
Saturday, Nov. 28 from 9 a.m. to 2 p.m., Stafford Fire Department, 6153 Main Road, Route 5

How to Donate Blood
Simply download the American Red Cross Blood Donor App, visit redcrossblood.org or call 1-800-RED CROSS (1-800-733-2767) to make an appointment or for more information. All blood types are needed to ensure a reliable supply for patients. A blood donor card or driver’s license or two other forms of identification are required at check-in. Individuals who are 17 years of age (16 with parental consent in some states), weigh at least 110 pounds and are in generally good health may be eligible to donate blood. High school students and other donors 18 years of age and younger also have to meet certain height and weight requirements.

Blood donors can now save time at their next donation by using RapidPass to complete their pre-donation reading and health history questionnaire online, on the day of their donation, prior to arriving at the blood drive. To get started and learn more, visit redcrossblood.org/RapidPass and follow the instructions on the site.

About the American Red Cross
The American Red Cross shelters, feeds and provides emotional support to victims of disasters; supplies about 40 percent of the nation’s blood; teaches skills that save lives; provides international humanitarian aid; and supports military members and their families. The Red Cross is a not-for-profit organization that depends on volunteers and the generosity of the American public to perform its mission. For more information, please visit redcross.org or visit us on Twitter at @RedCross.

Jeffrey D. Bald, 33, of 30 Craigie St., Le Roy, and Ted E. Kingsley, 43, of 61 Myrtle St., #7, Le Roy, are charged with two counts each of second-degree burglary and one count each of petit larceny and attempted petit larceny. Bald and Kingsley were arrested after Village of Le Roy PD received a complaint from a neighbor of suspicious persons inside and then leaving a residence on Myrtle Street. Bald was allegedly located by a patrol walking nearby carrying a duffle bag of property. Kingsley was later determined to also be involved in the alleged burglary and was arrested. Bald and Kingsley are also suspects in a prior burglary of the same residence two days earlier. Kingsley was jailed on $15,000 bail and Bald on $25,000.

Sara A. Howard, 20, of 8486 W. Bergen Road, lot #15, Le Roy, was arrested on a pair of warrants. The first was out of the Town of Le Roy for an alleged theft of money and an iPhone from an acquaintance in the Village of Le Roy. The second was on a charge of petit larceny out of Rochester. Howard was arraigned and issued an appearance ticket on the local charge and then turned over to Rochester PD.

Amy M. Kaplun, 20, of 31 Gilbert St., Le Roy, is charged with petit larceny. Kaplun allegedly stole money from a Village of Le Roy business while employed there.

Habib Kassim Abdullah Nasser, 34, of East Ferry Street, Buffalo, is charged with evading cigarette tax on 10,000 or more cigarettes and speeding. Nasser was stopped 1:34 a.m. on Route 77, Pembroke, by Deputy Joseph Corona. He as allegedly found in possession of 12,000 untaxed cigarettes.

Jessica L. Ford, 24, of Oak Street, Batavia, is charged with criminal contempt, 1st. Ford was allegedly found driving a vehicle with a passenger whom she is barred from contacting by a complete stay away order. Ford was jailed without bail.

Glenn H. Quintern, 56, of Central Avenue, Batavia, is charged with assault, 2nd. Quintern allegedly stabbed a woman in the leg with a pair of scissors at about 11 p.m. Friday.

William Edward Bissette, 53, of Gibson Street, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Bissette was stopped at 4:47 p.m. Saturday on South Main Street, Oakfield, by Deputy Joseph Corona, following a complaint of an altercation between two people at the 7-Eleven in Oakfield.

Dillon Lee James Farley, 23, of Ridge Road, Elba, is charged with DWI and driving with a BAC of .08 or greater, leaving the scene of a property damage accident and failure to keep right. Farley was arrested by Deputy Joseph Loftus following a report of an accident at 2:40 a.m. Saturday on Ridge Road, Elba.

Melanie Mary Matesz, 50, of Schurr Road, Akron, is charged with unauthorized use of a vehicle. Matesz allegedly used a vehicle owned by another person for several days without knowledge or consent of the owner. Matesz was also charged with criminal trespass, 2nd, for allegedly being at a residence she was barred from visiting.

Jordan J. Hardy, 26, of Sunset Parkway, Oakfield, is charged with sex offender failure to report a change of address. Hardy, a registered sex offender, allegedly failed to report a change of address. He was jailed without bail.

A possible commercial building fire is reported at U.S. Chrome Corp., 31 Swan St., Batavia. City firefighters are responding.

UPDATE 3:06 p.m.: A responder on scene reports heavy smoke and says the property will be ventilated.

UPDATE 3:30 p.m.: The plant manager told Howard that an electric pot used to melt wax malfunctioned. Two employees, who are also volunteer firefighters, arrived for work and were going to set up for the night shift when they noticed smoke in the building and a strong odor. To be cautious, they shut the doors and called the fire department. The plant manager praised the city's quick response and the swiftness with which they pinpointed the problem, removed the malfunctioning unit, and vented the facility.

Here's just a few shots of Halloween 2015 on Lincoln Avenue, Washington Avenue and Ellicott Avenue.

The way Greg Mruczek sees it, the challenge Hornell gave Batavia in the first quarter of Saturday's sectional semi-final for Class B gives a Blue Devils team that has faced little adversity all season long a taste of how tough advancing in the post season will get.

Mruczek and his teammates adjusted and ended up smashing the Red Raiders 43-7.

Four second-quarter touchdown passes from Mruczek sealed the deal. He hit Anthony Gallo on a 16-yard route, Ray Leach on 46 yards, Ryan Hogan on 24 yards and Malachi Chenault on 41 yards.

"We had to pick up some blitzes in that first quarter," Mruczek said. "We definately had some adversity, but we definately fought through the adversity. We definately got a feel for playing in a close game and that's definately going to happen in the finals."

In the finals, Batavia will face Livonia, and while that's a 6-3 team (compared to Batavia's 9-0 record), they scored 70 points yesterday against Penn Yan, who ran up 60 points.

The diversity of receivers Mruczek called upon for those four second-quarter TDs demonstrates the array of weapons any defense must try to counter when playing Batavia, and the ability to strike quickly from anywhere on the field gives the team a lot of confidence, said Dom Mogavero.

"We a dynamic team," Mogavero said. "Every single person on this team can play football, the twos, the threes, everyone on the depth chart can play football and we all know we're really talented atheletes.

"We stick together as a family. The only stat that matters to us is wins and losses."

Mruczek was coming off a stretch over two games where he was 19-20 passing, including a 10-10 performance last week, with his only prior missed pass a throwaway under pressure two weeks ago. Those blitzes of Hornel had Mruczek a little off balance in the first quarter and he gave up a rare interception.

Still, he went on for a 12 for 25 performance for 303 yards and four TDs.

Batavia's other two touchdowns came on runs of 56 yards by Leach and 47 yards by Caleb Burdett.

 Mogavero had 77 yards on seven carries and Ray Leach rushed for 79 yards on five carries for the Blue Devils.

Gallo caught four passes for 126 yards.

In additional to his TD reception, Hogan had two interceptions. His steller performance came less than a week after his father's death.

"He's a gamer," Mruczek said. "He's got a lot of heart. I love that kid. He works hard every day."

Malachi Chenault said the team was there for Hogan throughout the week.

"He's a tough player," Chenault said. "We knew his situation and we just tried holding him up as much as we can and be as supportive as possible, that's all."

Defensively, Danny Williams had 10 tackles (two for loss) and Trent McGraw had eight tackles (two for loss) for the Blue Devils.

Top photo: Leach celebrates his second quater TD, which came off a tipped pass (second photo).

Hogan with one of this two interceptions.

Gallo with a TD reception.

Leach on a run play.

Leach.

Leach on defense.

Gallo with a reception.

Mruczek with a second quarter pass

Williams buries Hornell's Trenton Smith.

To purchase prints of photos by Howard Owens, click here.

Jim Burns was also at the game and took photos:

Law enforcement is being dispatched to West Main Street, Batavia, in the area of Dave's Ice Cream, to check out a report of cars with Texas plates drag racing, reaching speeds in excess of 100 mph.

Yesterday afternoon we stopped by the ARC Recycling Center on West Main Street, Batavia, to check out the truck the folks there have decked out for Halloween.

Photos provided by our news partner, WBTA.

Press release from UR Medicine:

Patients in Genesee and surrounding counties can now access a full range of cancer treatment services in one location at Wilmot Cancer Institute Batavia.

The office at 262 Bank St. is the former Batavia Radiation Oncology, which joined UR Medicine’s Wilmot Cancer Institute in 2014. With renovated and expanded space, the office features larger clinical examination rooms, and it has added medical oncology, hematology, and an infusion center.

Kevin J. Mudd, M.D., who has been Batavia’s radiation oncologist for more than 14 years, continues to see patients at Wilmot Cancer Institute Batavia. He is joined by Nayana Kamath, M.D., of Interlakes Oncology and Hematology, who provides the medical oncology and hematology services at the office.

“It’s exciting to continue providing high-quality, comprehensive cancer care here in this community and to see our services growing with our integration with URMC and Wilmot Cancer Institute,” Mudd said.

Services for patients who need medical oncology, hematology and chemotherapy/infusion began in July. The office’s new infusion center was designed with patient comfort in mind.

“Our new infusion center is bright and open,” Kamath said. “While that might not sound significant, it can make a real difference for patients who need to be here for three or four hours at a time. ”

As part of Wilmot Cancer Institute, the Batavia office provides access to clinical trials, which are available for a variety of cancers at different stages and help lead to the next generation of therapies, and to advanced diagnostic testing for certain cancers, which helps physicians to tailor treatments more precisely to a patient’s needs.

“Cancer care is more complex than it has ever been before, and it requires a coordinated team with expertise in many disciplines to identify the best course of treatment for each individual patient,” said Jonathan W. Friedberg, M.D., M.M.Sc., director of Wilmot Cancer Institute. “Our office here in Batavia brings Wilmot Cancer Institute’s precision medicine approach closer to home for patients and families who might otherwise have to travel an hour or more for care.” 

The recent death under questionable circumstances of a 91-year-old resident along with a series of complaints from tenants of 400 Towers has prompted Councilwoman Rosemary Christian to contact NYS Comptroller Thomas DiNapoli and request an audit of the senior housing complex, which is operated by the Batavia Housing Authority.

A spokesman for the comptroller's office said it's not unusual for the office to receive requests for audits from public officials and it is a factor in deciding audit priorities. 

Public housing complexes in New York do fall under the office's jurisdiction to audit, said Brian Butry.

He couldn't comment at this time, of course, on whether or when there might be an audit of 400 Towers.

"There seems to be a lot of problems and complaints from the residents there," Christian said in her e-mail to DiNapoli. "I have heard from many people who live there and they aren't very happy there."

Earlier this month a man was found dead on the roof of 400 Towers. It appears that the man, who may have suffered from mild dementia, wandered in the middle of the night from his apartment and onto the roof. A magnetic lock on the door leading to the roof may not have been operating correctly at the time, make it easier for the man to access the roof, but then he was unable to find his way back into the building.

Yesterday evening, Christian, along with Kyle Couchman, who had been hired by the deceased gentleman's family to help provide day care for the man, addressed a meeting of the housing authority board and said they would like answers to why certain things are taking place at 400 Towers.

Concerns include:

• A resident other residents seem to fear wanders freely and may have access to other residents' apartments;
• There have been a few thefts from apartments and there are concerns that somebody has a master key, or that there are too many master keys floating around; Christian would like to know why the locks haven't been changed;
• Why residents are not allowed to sit in the lobby for more than 30 minutes at a time and face fines if they violate the rule; Couchman said his client had been written up for such a violation and he found that disturbing and also suggested the rule violated existing leases;
• Christian wonders why a resident in a wheelchair was fined $45 after his wheelchair hit a metal door frame;
• Residents have been fined when the tires of their cars are on the yellow lines of parking spaces;
• Fine money must be paid separate from rent checks, and Christian wonders where the money goes and what it's spent on;
• Christian expressed concern that applicants for apartments are interviewed at the window in the lobby instead of a private room to protect their privacy.

Christian also raised these issues in her e-mail to DiNapoli.

While housing authority board members are appointed by City Manager Jason Molino, the city's involvement with the housing authority pretty much ends there. The authority operates independently of the city.  

Following the remarks by Christian and Couchman at Thursday's meeting, the board said it would not be discussing the questions or concerns at that meeting.

After a couple of years of considering his options, City Slickers owner Ken Mistler has settled on a design for an awning over the patio of his Downtown restaurant. The steel beams for the awning are being installed today and the awning should be completed in about a week. While the patio will be open, it will be heated, Mistler said.

A woman who was pulling her car out of her driveway about 8:30 a.m. was trapped in her car after it was struck by another vehicle on Edward Street Batavia.

The woman, whose name has not yet been released by Batavia PD, was extricated by city firefighters and transported to UMMC for evaluation.

The other driver was evaluated at the scene.

Officer Kevin DeFelice said the accident appeared to be a case of an obstructed view and unfortunate timing, but it remains under investigation.