batavia

Law Street, City of Batavia, is closed until 2 p.m. today for resurfacing.

Genesee County Economic Development Center is trying to get initial permitting completed on a proposed expansion of the Upstate Med-Tech Center on R. Stephen Hawley Drive just in case a specific medical device technology company wants to lease the space.

Mark Masse, VP of operations for GCEDC, told the County Planning Board on Thursday that a contractor has a potential leasee and is in negotiations now. Getting certain regulatory hurdles cleared now would help the process.

"If they reach an agreement, the potential leasee is working on a tight time frame," Masse said.

Masse doesn't know yet how many new jobs could be created by the company.

"They haven't gone before the board yet for incentives from us," Masse said. "More information would be available at that point in time, if it gets to that point."

The planning board unanimously approved site plan review for proposed 60,000-square-foot facility.

The board also unanimously approved a site plan review for a proposed 60,000-square-foot cold storage facility at the Genesee Valley Agri-Business Park.

Masse said GCEDC still owns the property the unnamed company is considering for the facility and sales negotiations are ongoing.

That company also has yet to come to the GCEDC board seeking incentives, so Masse doesn't know yet how many new jobs will be created by the facility.

In other board action:

• Did not approve variances for applicants to operate a gift and hobby shop on Knowlesville Road, Alabama, and a country store on Tesnow Road, Alabama. The board encouraged the applicants to seek a zoning change with the town rather than get a variance to existing zoning.
• Approved a special use permit for a home welding business at 7460 Alleghany Road, Alabama.
• Declared that a proposed boarding house at 316 E. Main St., Batavia, isn't subject to county planning review. Owner Terry Platt is looking to convert a single-family home into a 12-room boarding house.
• Approved subdivision and site plan review for 7,015-square-foot building to house a gun store, laser engraving business and indoor shooting range at 8240 Buffalo Road, Bergen.
• Approved site plan review to rebuild a fabrication business at 1606 Broadway Road, Darien.
• Approved, with modifications, a site plan review and area variance for a new Dollar General at 111 N. Main St., Oakfield.
• Approved a site plan review for conversion of a former restaurant and apartment complex at 6309 Clinton Street Road, Stafford, into a four two-bedroom apartment and a single one-bedroom apartment complex.

For the first time since 2005, Batavia's commercial property owners are getting their parcels re-assessed and the effort has been greeted with some decidedly mixed reviews.

With some property owners being told their initial re-assessment shows an increase in value of 55 percent to 400 percent -- adding $70,000 or $95,000 or $120,000 per parcel -- there is a bit of a sticker shock.

Re-assessing commercial property when it hasn't been done for eight years isn't an easy process, explained Rhonda Saulsbury, the city's assessor. There are a number of factors to consider and the initial re-assessment is sometimes based, admittedly, on incomplete information.

That makes it important for property owners to help fill in the blanks for the assessor's office.

"The goal here is to keep property values as fair as possible citywide," Saulsbury said in an e-mail. "Without going through this process (after 8 years) that wouldn’t be possible. I have also reduced a great number of assessments citywide resulting from the same methodologies. I do not hesitate to make an adjustment down when given reasonable information to substantiate the change in value.

"Until someone reaches out to me with an issue," she added, "I can’t fix it."

Local property owners have confirmed that after responding to the initial re-assessment letter to the city and providing more evidence about the status of their buildings, Saulsbury has adjusted, and even rescinded the increase in value.

One local businessman with at least two commercial properties downtown was actually notified that the value of one property was reduced. He didn't complain about that re-assessment.

Another property owner said his assessment only increased 10 percent.

So while some property owners are being hit hard, the impact isn't uniform.

The criteria for reassessment is almost an endless list, Saulsbury said, and includes location, property use, rentable space, income generated, building updates, additions, demolitions and deferred maintenance.

The assessor, from just looking at the building, can't know all of these details, which is why property owner feedback is an important part of the process.

If a property value increases substantially, she said, the assessor's office believes there's a reason for it -- such as a former warehouse being converted to office space, but it's still important for a property owner to clarify any concerns.

City Manager Jason Molino said the process is intended to be one in which property owners provide feedback on the assessment.

"Review procedure and phone numbers are included in the notices sent to property owners that receive a change in their assessment, as we encourage an open door policy to anyone with a question or concern," Molino said.

One day during the winter I was at Genesee Community College walking down this walkway and thought, "um, wonder what this looks like in spring when the trees are in bloom." Last evening, I went back to take a look.

Yesterday, Ryan P. Johnson was reported as a fugitive from the law; today, he's a convict headed to state prison.

He will spend four years in prison for attempted burglary, 2nd, with a concurrent sentence of one and a third year for grand larceny, 3rd.

He could have received a short jail sentence followed by a term of probation if he had shown up for his original sentencing date in March.

Instead, Deputy John Baiocco, the warrant officer for the Sheriff's Office, had to go looking for him.

When Baiocco found him on Ross Street yesterday, Johnson reportedly took off running leading to a search of the area by three police agencies.

Johnson eventually surrendered to Baiocco and appeared today as a ward of the Genesee County Jail before Judge Robert C. Noonan.

Noonan wasn't pleased with Baiocco's reported violations of his release under supervision contract.

"You blew your opportunity," Noonan said. "You had an opportunity at shock probation. All you had to do was show up, tell the truth, and serve your time. You would have gotten shock probation even though the probation department recommended incarceration given your record, but I was prepared to honor your negotiated deal."

Johnson was arrested in January for the Oct. 5 burglary of a City of Batavia residence where is said to have carried off more than $68,000 in precious and irreplaceable family jewelry.

In court today, Johnson cried as he apologized to the victim (who did not appear in court, but had sent a letter to Noonan), his fiance and his three children.

He blamed his behavior on an addiction to drugs and his attorney William Tedford said Johnson was using hydrocodone at the time of the burglary.

Noonan was unmoved.

"Saying your children need a father is certainly not going to tug at my heart strings," Noonan said. "They don't need a father like you, not like you are now."

Tedford asked that the restitution hearing be delayed until June 20 so he can more fully review the restitution claim.

The insurance company paid only $1,000 to the victim, who is claiming another $55,000 in unrecovered jewelry.

Johnson said he knew where some of the jewelry went so he made efforts to recover as much as he could and reportedly returned $14,000 worth of jewelry.

A 77-year-old Thorpe Street resident has been arrested by the Wyoming County Sheriff's Office and charged with animal abuse.

His son, a Middlebury resident, was also arrested.

The arrests follow an April 28 report in Middlebury of 50 chihuahuas being dropped off on a property in Middlebury.

Joseph Wenzel Jr., of Bank Road, Middlebury, allegedly made the 9-1-1 call.

The day before, according to the WCSO, a Batavia PD officer responded to a residence on Thorpe after receiving a barking dog complaint. The officer reportedly observed eight dogs at the residence, but the homeowner did not come to the door.

The officer left a contact card and information was passed on to the city's animal control officer.

When Wenzel Jr., contacted law enforcement, he said he had fed the dogs and the dogs were contained.

An animal control officer and a deputy responded to the residence and decided to leave the dogs in place until the next morning.

Upon further investigation, Investigator Mayer and Deputy Ficarella determined that Wenzel Sr. allegedly dropped off the dogs after the visit to his residence in Batavia.

He reportedly told officers that he could not take care of the animals any longer.

Wenzel Sr. was subsequently arrested and charged with 44 counts of animal abuse and is being held in Wyoming County pending arraignment.

Wenzel Jr. was charged with 44 counts of animal abuse and falsely reporting an incident. He was jailed on $10,000 bail.

An Elba resident is accused of burglarizing an occupied residence at 1:40 a.m. on March 26 and he has been taken into custody.

Charged with burglary, 2nd, and grand larceny, 3rd, is 29-year-old Jon H. Bush Jr., of 7614 Oak Orchard Road, Elba.

Bush was arrested at Batavia City Court when he appeared on an unrelated matter.

Allegedly, Bush made off with a safe containing money and jewelry.

He was jailed on $20,000 bail.

The Wellness Center at the YMCA is getting an equipment upgrade today with 14 new pieces of equipment, including stair steppers, virtual bikes and treadmills.

The cost of the new equipment is about $60,000.

Pictured with one of the new virtual bikes is John Becker, Wellness Center coordinator, and trainer Stacie Ewert.

A military vehicle, no further description, rolled over on the eastbound Thruway at mile marker 387. Unknown injuries. Town of Batavia Fire Department and Mercy medics are responding. It was hauling a trailer but it's not known if there's other cargo. It was part of a convoy.

UPDATE 11:25 a.m.: Mercy medics are taking two females to UMMC. One is a 39-year-old complaining of minor leg pain. The other is 21 and has some neck pain. Some fluids from the vehicle spilled and absorbants will be used to clean it up. Law enforcement is slowing traffic down at the scene, but the roadway is open.

UPDATE 11:33 a.m.: The town assignment is back in service. The mile marker at the accident scene was determined to be 387.8.

Felipe Fernandez, 42, of Borinquen Plaza, Rochester, is charged with aggravated unlicensed operation, 1st , and motor vehicle lights not meeting standards. Fernandez was stopped by Deputy Joseph Corona at 11:48 p.m. Tuesday on Pearl Street Road, Batavia, for an alleged vehicle violation. Fernandez was jailed without bail.

Saul Doynsaday Standsblack, 34, of Parker Road, Basom, was arrested on a bench warrant related to an aggravated unlicensed operation, 3rd, charge. Standsblack was taken into custody on a Batavia City Court warrant following his release from the Erie County Jail on an unrelated matter. Standsblack appeared in City Court, entered a guilty plea, and was sentenced to 15 days in jail.

Michael Thomas Coffey, 44, of South Main Street, Albion, is charged with petit larceny. Coffey was arrested on a warrant out of Town of Elba Court.

Andriana D. Green, 19, of Amherst, is charged with assault, 3rd, and criminal mischief, 4th. Green was arrested Wednesday morning by State Police for an alleged incident reported at 2:14 p.m., Monday, at College Village. No further details released.

A Batavia PD officer has been dispatched to a residence on Walnut Street to take a report on the theft of tomato plants.

For the Day of Caring, we stopped by Kiwanis Park, where volunteers are building the inclusive playground, and the Batavia Youth Bureau, which is getting a set of new raised garden beds for the community garden.

The loud boom heard on the southside of the city about 15 minutes ago was a transformer that blew out. It occurred in the area of 28 Jackson St. by the Salvation Army store. National Grid is on scene to do repair work. City fire was there and had traffic blocked off, but the road is reopened and the city assignment is back in service.

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) recently met with City of Batavia firefighters Jeff Stevens and Greg Ireland at his Albany office while the firefighters were in town for the New York State Professional Fire Fighters Association’s (NYSPFFA) 2013 Legislative Conference. The assemblyman discussed NYSPFFA’s legislative priorities and thanked the firefighters for their service.

“Meeting with two of Batavia’s bravest public servants was truly an honor,” Hawley said. “NYSPFFA’s members are on the front lines protecting our lives and property from devastating fires and they deserve our support. I commend Mr. Stevens, Mr. Ireland and their colleagues for all they do to keep our communities safe.”

A two-car accident with minor injuries is reported at State Street and Fairmont Avenue. City firefighters and Mercy medics are responding.

Law enforcement is looking for a suspect wanted on a Genesee County Court warrant and he was last seen at 19 Manhattan Ave. running through back yards toward Ross Street.

His name is Ryan P. Johnson, 22, and he is described as white, about 5'7" and weighing about 160 pounds.

He is wearing khaki shorts, sneakers and a white T-shirt and a baseball cap.

If you see a person matching this description, phone the Sheriff's Office at 343-5000.

UPDATE: Johnson has made arrangements to turn himself in.

Patrick Maxwell Hackett, 44, of West Main Street Road, Batavia, is charged with rape, 3rd, unlawful dealing with a child, 1st and endangering the welfare of a child. Hackett is a registered Level 2 sex offender. He is accused of engaging in sexual relations with a minor in the Town of Batavia. He also allegedly supplied alcohol to the minor. Hackett was taken into custody with the assistance of Batavia PD.  He was jailed without bail.

Francisco Javier Molina, 47, of Edgecreek Trail, Rochester, is charged with DWI, driving with a BAC of .08, speed not reasonable and prudent, failure to keep right and consumption of alcohol in a motor vehicle. Molina was allegedly driving on Route 33, Stafford, at 7:53 p.m., Tuesday, when he took a left turn too fast onto Caswell Road. Molina and his passenger were allegedly seen tossing beer cans from the vehicle. They were both issued citations for alleged littering and Molina was cited for alleged refusal to take a breath test. Molina was stopped by Sgt. Greg Walker.

Billie Jeremy McMurty-Rivera, 28, of Hollenbeck Street, Rochester, is charged with falsifying business records, 2nd. McMurty-Rivera, while incarcerated in the Genesee County Jail, is accused of altering commissary paperwork of three other inmates without their consent to obtain food and other products. Bail was set at $5,000.

Town of Batavia Highway Superintendent Tom Lichtenthal and engineer Joey Neth spent an hour on the rooftop of the Rite Aid overlooking Lewiston Road and videotaped the traffic flow, or lack of it.

The resulting highlight reel, played for the Town of Batavia Planning Board on Tuesday night, captured eight near-miss accidents, two dangerous maneuvers by drivers, five unsafe mid-road crossings by pedestrians and two bicycle crossings.

An hour observing West Main Street Road near Colonial Boulevard didn't yield much better results.

For the Lewiston Road side, the driveway for Rite Aid and the driveway for the Tops Plaza, essentially create an intersection, and over the past three years, there have been seven accidents at that intersection.

That's seven times the state DOT average, Lichtenthal said.

"What's going on here is we have so many conflict points, when you look at this intersection; you've got cars merging here; you've got a wide open driveway where one makes a right turn and one makes a left turn; you've got pedestrians trying to cross in the middle of traffic, plus cars coming off the Main Street intersection, and you're looking at all of these things coming together right here, and that's why you get so many of these types of accidents," Lichtenthal said.

The traffic study was conducted because Tim Horton's wants to build a new store behind the Rite Aid, that would connect, essentially, Lewiston with Main.

The overall traffic Tim Horton's is likely to generate isn't that significant by itself -- an average of 50 to 60 cars an hour, with 60 percent of Tim Horton's traffic occurring in a three-hour period in the morning.

Technically, the road capacity in the area, can handle the volume, Lichtenthal said, but the construction of the multiple turning lanes and intersections in the area make for very messy traffic patterns.

It's a situation that's only going to get worse with the expansion of Batavia Towne Center and Batavia Downs.

Lichtenthal said that, unfortunately, it's a classic case of the last one (in this case, Tim Horton's) getting stuck dealing with the problem.

Matthew J. Oates (photo), chief engineer for Benderson Development Co. took a different view.

The combined retail space for Tops Plaza, Rite Aid and the other retail in the area is more than 220,000 square feet, while the Benderson development is less than 20,000 square feet.

He said just as the DOT did when problems got too bad on Jefferson Road and Ridge Road in Rochester, the growing traffic problems on Lewiston and West Main are a DOT issue and shouldn't hold up development of Tim Horton's.

"I understand the town sees a large issue with the traffic, but without the traffic, we wouldn't have the interest in the development and without the traffic, Tim Horton's wouldn't be coming here, so one follows the other," Oates said.

Lichtenthal pointed out that the DOT is out of money and the Feds aren't sending highway grants down the pipeline any longer to help with local traffic issues.

"The DOT is now looking back and the towns and saying, 'you let this development happen without looking at the repercussions on the roadways. Now you expect us to fix it, ' " Lichtenthal said, "and they're telling the towns, 'you fix it.' "

The environmental review process was extended by consent of the planning board and Benderson in order to see if a solution can be found, or plan developed, to deal with the growing traffic issues.

Tim Horton's is just one step along the way, Lichtenthal said.

"These are baby steps," Lichtenthal said. "You take these baby steps and add them together and it's a big step and then what do you do?"

Last week, the Geness County Economic Development Center Board approved $1.7 million in tax breaks for COR Development to add four more retail spaces to the Batavia Towne Center in the location of the former Lowe's store.

There was a water main break on State Street between Denio and Douglas at 3 a.m. and water service was cut for some residence in the area pending repairs. 

During the repairs, the decades-old shut-off valve broke, and so once DPW workers repaired the break, they had to dig up the valve and replace it.

Update from Matt Worth, superintendent of water and wastewater:

Water main repair has been completed on State Street and water service restored.  Residents in the immediate area should be aware that they may experience some discolored water and should avoid laundry or other activities which may be impacted by this condition until water clarity has returned to normal.

There were 382 people who signed up for the United Way Day of Caring today, but Susie Boyce thinks more people than that are participating because organizers ordered 425 T-shirts and they ran out.

The volunteers will work on 32 projects today, which amounts to about $36,000 in labor contributions.

The group from Genesee ARC.

The Kiwanis Club of Batavia.

Joe Saco sang the National Anthem and America the Beautiful.

Last year, Amber, on the right, received a bicycle that had been reconditioned by volunteers at Adam Miller Toy and Bicycles. Today, she read a message about how much the bike has meant to her to help her get around town and go to and from her job. Shelley Falitico, from Genesee ARC, is with her.