6:41 p.m.: A deputy looking for a vehicle off the road at 33 and Angling couldn't locate it, reporting whiteout conditions. The Corfu fire chief was also in the area and a short time later, he located the vehicle off the road. He reports no injuries. Another deputy on another call at another location (didn't catch the location) reports poor visibility.
UPDATE 6:48 p.m.: A vehicle is off the road and in a ditch off Bethany Center Road. Occupants are out of the vehicle. A school bus with 22 students on board is off the road and in a ditch at 9998 Day Road, Alexander. No injuries.
UPDATE 7:01 p.m.: A driver of the bus spoke to a supervisor who is en route. The bus isn't that far off the road. The supervisor will determine whether to send out another bus or call a wrecker to get it unstuck.
UPDATE 7:12 p.m.: There are multiple deputies assisting multiple motorists. We didn't hear all of the initial dispatches. One deputy is giving a courtesy lift to a truck driver to the Econo Lodge. On Day Road, the students are being transported by law enforcement vehicles to the fire station.
UPDATE 7:39 p.m.: A car vs. pole accident is reported on Cary in Oakfield. A Blue Jeep Compass, no injuries, is off the road on Oak Orchard Road near Batavia Elba Townline Road, Elba.
UPDATE 8:39 p.m.: The storm band seems to have moved to the south, the wind has died down, scanner traffic has slowed down.
UPDATE 8:50 p.m.: There is a tree down on wires partially blocking the roadway on Hickox Road, Alexander.
UPDATE 9:11 p.m.: An estimated 76 National Grid Customers are without power near Darien Center. Power has been out since 8:39 p.m. National Grid expects to restore power by 10:45 p.m. That is the only significant power outage in Genesee County.
Chuck Bernard took this photo on Dec. 17, which shows 46 Swan St., Batavia, as it was being prepared for demolition. Bernard noted that the orange object on the ground in the lower right is a sleeping bag. Owner Ron Viele said he was trying to keep transients out of the building.
It's been Ron Viele's intention for years to tear down the wood-framed structure at 46 Swan St., Batavia, once known as Backhoe Joe's, because it has been an eyesore on Swan that potentially devalues the rest of his property on the street.
Viele owns Viele Construction, which has an office at 61 Swan St.
"I want to make sure that street looks as good as possible," Viele told The Batavian.
He's aware of social media chatter that the fire was an "insurance fire," but it wasn't insured, he said.
"That building was not in good shape," Viele said. "It is adjacent to the railroad tracks. A former owner had taken everything out and people were coming in and taking wires and pipes, anything of value. I intended to take it down, and the building had no insurance on it."
Some years ago, he tried to buy the building, winning it at a tax lien auction for $8,000, but a former city manager felt his purchase of the building was a conflict of interest with Ron's son, Paul Viele, on City Council, so the property went to another buyer. Then in 2018, it came up for auction again, and he and Dick Borrell teamed up to buy it for $1,800, he said.
He bought the property with the intention of demolishing the building.
He said he owns about $800,000 worth of property on Swan Street. He wants to protect those investments.
The clean up -- after the fire -- will still cost him at least $40,000. That may be at least $4,000 cheaper than the demolition would have cost, he said, because there is now less material to haul away.
He noted that electrical and water service had been shut off to the property for some time.
"It was one of those buildings that could become a money pit," Viele said. "I could put six figures into it. The return (on investment) wouldn't have been good enough to fix it."
Viele said he needed multiple permits from the city in order to proceed with demolition. He recently got final approval and was ready to proceed, but the contractor he hired for the job was tied up, so demolition wouldn't have started for at least another two weeks.
That section of the street is zoned industrial, and the parcel is too narrow to build anything new on it because of setbacks required in the current zoning code, so once the building is cleared away, the lot will likely remain vacant.
While most people remember 46 Swan as Backhoe Joe's, it was a tavern for many decades under various names. Those were once thriving businesses when there was still heavy manufacturing at the Harvester Center and Wiard Plow, but as employees drifted away from those industrial hubs, the bar and restaurant business on Swan Street dried up.
More recently, the building has been attractive to transients, Viele noted. He said just a week ago, he called the police to chase transients out of it, and he had asked Batavia PD to provide extra patrols in the area to keep transients away. He put a fence around the entire property a few weeks ago to try and keep transients out of the building.
Viele said a fire chief told him initial indications are that the fire started in the basement.
"Probably what happened was a transient was in there who was trying to keep warm, and something stupid happened," Viele said.
Fire Chief Josh Graham said that is possible, but investigators, which include investigators with Batavia PD, have not yet made a final determination on the cause and origin of the fire.
"No matter what happened, it's not a happy event," Viele said.
Getting time to meet and talk with the people who hire workers at local companies is a valuable experience for soon-to-graduate seniors, said Chris Suozzi, VP of business development at the Genesee County Economic Development Center.
Suozzi and Karyn Winters, director of the Genesee County Business/Education Alliance, put together a job fair for graduating seniors from the region and local businesses at BOCES on Friday.
The job fair was open to both BOCES seniors and non-BOCES students.
"We're excited that the companies are here, meeting, and trying to recruit the seniors who are going to be graduating here shortly," Suozzi said. "As we all know, everybody needs workforce."
The event is a chance for high school students to practice interview skills as well as learn about employment opportunities in Genesee County.
"A lot of them, as you know, may not have a job yet," Suozzi said. "They don't even have a part-time job. So they use so soft skills today, where their eye to eye with a company."
A backhoe removing rubble to help investigators access the foundation of the former Backhoe Joe's at 46 Swan St., Batavia, late Friday afternoon following a fully involved fire that destroyed the structure. Photo by Howard Owens.
No piece of lumber, so to speak, will go unturned at 46 Swan St., Batavia, the former Backhoe Joe's, as fire investigators attempt to determine how a conflagration enveloped the vacant building on Friday afternoon and brought it to the ground.
Both Chief Josh Graham, City Fire, and Capt. Robert Fix, said as of yet, they have no clue how the fire started or why it spread so quickly.
An initial caller at about 12:10 p.m. reported smoke coming from one of the windows. A few minutes later, Fix was leaving the County Courthouse, where Engine 17 had been dispatched earlier for a medical call, and he saw a tower of smoke to the east and immediately called for a second alarm.
"Upon arrival, it was fully engulfed in fire throughout all the windows," Fix said. "That's when we went to a third alarm because of the large brick exposure building and set up for defensive operations."
All City Fire platoons were dispatched to the fire. Oakfield Fire filled in at City Fire's hall. Town of Batavia, Stafford, and Elba all responded to the scene.
There have been no reported injuries.
Fix said the first concern was protecting nearby buildings, particularly the closest structure, a brick building to the south of 46 Swan, which explains the defensive posture of fire crews.
There was also an issue with sufficient water flow from one fire hydrant.
"The problem is with the fire, this fire, if you start using too many hydrants in the same neighborhood, you're robbing water from each other at that point," Fix said. "So we had some of the mutual aid fire departments come in off Liberty Street and start bringing a water supply from a different area."
As for potential reasons why the fire spread so quickly, Fix suggested the afternoon's strong breeze fed the flames.
"There was a pretty good east wind here like there is now, you know, during the fire and having the vacant lot across the street and the railroad tracks, the wind is whipping right through here pretty good," Fix said. "But other than that, I don't have a reason why it got such a good head start on us."
Graham noted the age of the wood structure. Also, since the building was in the midst of demolition.
"It's an older structure," Graham said. "There's a lot of holes in it, a lot of ventilation and stuff to feed the fire. So it could be as simple as that. I can't rule anything out. We just don't know at this point."
Neither Graham nor Fix would speculate on the possible cause of the fire.
The structure has been vacant for a long, long time -- nobody at the scene seemed to know how long. Over the summer, there were signs of work being done on the building, then a safety fence was erected around the entire lot, and a sign for Viele Construction was on the Swan Street side of the property.
The county lists 46 Swan Street LLC and the property owner. That LLC has a mailing address of 61 Swan St., Batavia, which is the location of Viele Construction.
County tax records say the "actual year built" for the structure was 1920, with an "effective year built" of 1970. The lot size is .16 acres. The commercial use is listed as a tavern with 1,943 square feet. The total area of the structure was 3,886 square feet.
In 2002, Joseph Garland sold the property to 46 Swan Street LLC for $70,000. The LLC sold it in December 2011 for $1 to Julie Pappalardo. The City of Batavia is listed as the owner prior to a sale on March 27, 2018, to Richard Borrell. He owned it until June 26, 2018, when 46 Swan Street LLC reacquired it for $1. With the exception of the 2002 deed record, the property is listed as unusable for valuation.
Its most recent total assessed value is $22,000. The land is assessed at $6,400.
For more photos, when the building was fully engulfed, click here.
Photos by Howard Owens.
County tax record photo of 46 Swan St., Batavia.
Photo of 46 Swan St., Batavia, taken by Chuck Barnard in 1985, after it was Angel's but before it became Backhoe Joe's. Bernard said it was originally Kornowski's Hotel, and the second floor was the first home of the Polish Falcons.
Photo of 46 Swan St., Batavia, taken by Chuck Barnard in 1985, after it was Angel's but before it became Backhoe Joe's. Bernard said it was originally Kornowski's Hotel, and the second floor was the first home of the Polish Falcons.
Developer David Mazur presents plans for MedTech Landing, an 80-unit apartment complex, to the GCEDC board of directors on Thursday. Photo by Howard Owens.
Grand Island-based developer David Mazur isn't just 100 percent sure his proposed 80-unit apartment complex across the street from Genesee Community College will consist only of market-rate apartments. He's "1,000 percent" sure.
He's not going to turn to state or federal agencies to help fund his project, as Sam Savarino did with Ellicott Station, he told The Batavian during an interview on Thursday after he presented his plans to the Genesee County Economic Development Center board of directors.
He told The Batavian the same thing he told the GCEDC board a few minutes earlier. In 18 years of building apartment complexes, he's only built and leased out market-rate units. That's his business model. That's what he knows how to do.
The proposed complex, now called MedTech Landing, on Assemblyman R. Stephen Hawley Drive, will cost $15 million to build. It will be 100,000 square feet with 80 apartments and 60 parking garages.
When completed, there will be 24 three-bedroom apartments, 42 two-bedroom, and 14 one-bedroom, with rents ranging from more than $1,300 a month to more than $2,000 a month.
Tenants will be required to have a job with a monthly income of 3.5 times the monthly rental price, which, Steve Hyde calculated, would mean at least $55,000 in annual salary for a one-bedroom apartment and more than $82,000 for three bedrooms.
Hyde said he wants people to hear that the complex is going to be market rate because, "you know, of the challenging situation we had downtown with an affordable complex that is now stuck. I wanted to demonstrate how different this is from that and that this really what this agency's focus is trying to bring up."
In an earlier press release about the project from GCECD, a point Hyde also emphasized on Thursday, a 2018 housing study for Genesee County indicated a strong need for market-rate houses and apartments in Genesee County. There needs to be more than 4,000 new units built in the county over the next 20 years, according to the study.
Mazur said, based on his 18 years of experience, about half of his tenants will be retirees, and about half will be professionals.
The retirees like the first-floor apartments, he said.
"Some people have never lived in anything brand new," Mazur said. "They don't want to deal with their house anymore. A husband or wife has passed. They want to have a sense of a little bit of community, but not too much of a community where they can have a couple of neighbors, it's okay. But they don't want to take care of the lawn, the ice, the snow, the plowing, all that stuff. For them, it's clean, it's fresh."
He recalled one tenant he had in one of his complexes who was excited to live in a place with brand-new plumbing and fixtures for the first time.
"She's 70-something years old, lived her whole life, you know, and now she has the opportunity to live in something that's brand new and fresh and modern," he said.
Not all professionals, for various personal reasons, are ready to commit to homeownership, and apartments are a better fit for their lifestyles.
Mazur said after a previous story by The Batavian about his plans, an attorney with one of the local government agencies contacted him.
"He said, 'Hey, when are you going to have these ready? I'd love it. I want to move in,'" Mazur said. "It's just one of those little things that I think, as soon as the word gets out, people start seeing and hearing about it, they want to get in."
Even though the complex will be across the street from a community college, Mazur doesn't anticipate any college student tenants. The typical college student can't afford market-rate rents, he said, and all tenants must meet the income requirements, and he doesn't allow tenants to have co-signers.
These will be nice apartments, Mazur said. Quality fixtures, hardware and fittings with granite countertops.
The nearly 10-acre lot Mazur plans to build on is adjacent to the MedTech Center, which contains GCEDC's main office. It's west of the building. Mazur has an approved sale agreement with Genesee Gateway Local Development Corporation, an adjunct to GCEDC, for $200,000.
MedTech Landing LLC is seeking a sales tax exemption estimated at $720,000, a property tax abatement of approximately $3,031,048, and a mortgage tax exemption of $120,000.
The board approved a resolution on Thursday to accept the application and direct the staff to schedule a public hearing. The date for the hearing has not yet been announced.
Mazur expects to finalize financing for the $15 million project with a local bank today (Friday). Once that's in place, he indicated, there will be no need to turn to NYS Homes and Community Renewal, as Savarino did, to close the financing gap.
Pending that final financing letter, and some loose ends to tie up with the Town of Batavia on project approval, he will sign contracts with a bevy of subcontractors, which are already committed through letters of intent, he told the board.
The disruption to construction material prices caused by the COVID-19 pandemic is waning, he said, though finding trade workers is still a challenge.
Weather permitting, he expects the first shovel in the ground in March, with the first units available for tenants by December.
While he said there aren't really "phases" to the construction plan, he does intend to have units available for new tenants before all 80 units are completed.
Even though the complex is outside the City of Batavia and away from its primary commercial center, he expects local businesses to benefit from the new complex, he said.
He said people who want a little more spaciousness, more of a country feel, will be attracted to his units.
"I'm never going to compete against somebody that wants to be downtown and live in downtown," Mazur said. "(But) the benefit to the city, is absolutely, you're gonna have 80 units. Maybe it ends up being two people per unit, there's one bedroom or three bedrooms, but an average of two (per unit). It's 160 people. They still gotta shop. They gotta eat. They're gonna visit the local bars and the eateries downtown. So, yes, I think there's gonna be an economic value to the city itself."
Complex design drawing previously submitted by David Mazur.
Complex design drawing previously submitted by David Mazur.
File photo of the proposed apartment complex site. Photo by Howard Owens.
It seems that winter is finally coming around to settle in for a little visit in Genesee County. It was a grey, snowy afternoon on the campus of Genesee Community College (as seen from the parking lot of the Medtech Center). Photo by Howard Owens.
Up to seven inches of lake-effect snow is possible this weekend, according to the National Weather Service.
A winter storm watch is in effect from Saturday afternoon through Monday morning.
Wind gusts could reach 65 mph.
The weather service states, "Travel could be very difficult to impossible during the weekend. Widespread blowing snow could significantly reduce visibility. The strongest winds will occur Saturday, which could cause tree damage and power outages."
The nation's defense secretary's treatment for prostate cancer has put the disease in the public spotlight again, and officials at Rochester Regional Health/United Memorial Medical Center had a specialist talk with reporters on Wednesday to help people better understand detection and treatment.
Lloyd Austin's struggle with prostate cancer and subsequent post-surgery infection led him to seek treatment without alerting the White House.
That, in itself, became a controversy, but as USAToday reports, many men are reluctant to discuss a prostate cancer diagnosis.
"I find that it's something that a lot of men don't talk about," Dr. Samuel Haywood, a urologist specializing in prostate cancer, says. "Men can be very stoic, and they don't like to talk about their health issues."
But facing up to prostate cancer can help men save their own lives, suggested Dr. Jacob Gantz, a urologist with RRH.
"It's crucial to be screened because by the time the disease, prostate cancer, would develop and cause symptoms, symptoms that the patient would be able to detect, it likely would be a very advanced disease and much more difficult to treat," Gantz said. "Catching prostate cancer early in its disease course makes the treatments much more effective. And it makes the treatments much more manageable and easier to do for the patient."
Screening consists of an annual PSA test (part of blood tests for an annual physical) and a digital rectal exam. Generally, men between 55 and 75 should be screened annually, but that can vary with family history. A man whose father, or a grandfather, uncle, or brother had prostate cancer is at greater risk of developing the disease. Black men are also at elevated risk for prostate cancer.
"Prostate cancer in its early stages doesn't cause any outward symptoms that a patient would be able to pick up on," Gantz said.
Treatment has evolved and improved over the years, and outcomes are often favorable, Gantz said.
"Treatment of prostate cancer is not one size fits all," Gantz said. "It depends on the patient's age, the stage of the cancer, potentially the degree of spread of the cancer. In some cases (standards of treatment include), watching the cancer, evaluating it over time with biopsies, as well as MRIs and other adjunctive tests to monitor the progression of cancer."
The cancer can sometimes be spot-treated in the prostate instead of treating the whole gland, Gantz said. That can help reduce the potential side effects of treatment.
Radiation treatment is also an option, he said.
If necessary, the prostate can be removed, called a radical prostatectomy. This is where advances in technology really make a difference, Gantz explained.
"Robotic-assisted removal of the prostate has kind of revolutionized the treatment of prostate cancer," Gantz said. "Before (robotics), the surgery was much longer. There was much higher blood loss, much more invasive, and it required a hospital stay for at least several days. Since the introduction of the robotic platform, the surgery has become minimally invasive. It usually requires only one night in the hospital and a catheter for a few days, and the recovery is much faster with good cancer outcomes as well. Long-term complications have also improved with the radical prostatectomy being done robotically, such as sexual side effects as well as incontinence due to leaking of urine, has improved as well. But that being said, despite it being minimally invasive, it is still a major surgery."
As with any major surgery, complications are rare, but also an ever-present risk. It was complications, reportedly an infection, that sent Austin back to the hospital on Jan. 1.
Gantz said he is, of course, not Austin's doctor, so has no specific information on his treatment or complications, but complications can include, he said, leaking urine (possibly the complication Austin struggled with, according to news reports), which can cause a bowel infection and for the bowels to not function properly.
"All of these complications, fortunately, as far as I can tell, from what I've read, are reversible and pretty easily reversible with no long-term damage," Gantz said.
Gantz emphasized that while prostate cancer is treatable, it takes a man to regularly see a primary care doctor to ensure it's detected early. Once discovered, the treatment strategy becomes a discussion for the patient and a urologist.
"Prostate cancer treatment really depends on the patient, the goals of the patient, their age, as well as their health status," Gantz said. "It's very important when deciding what treatments are right for a patient to have a dialogue with their urologist to weigh the pros and cons of each treatment and then, therefore, come to a conclusion about what's right for that patient."
Jalen I. Brown and Devante M. Wells are indicted on counts of grand larceny in the third degree, a Class D felony, criminal possession of stolen property in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, unauthorized use of a motor vehicle in the first degree, a Class D felony, grand larceny in the fourth degree, a Class E felony, unauthorized use of a motor vehicle in the first degree, driving while ability impaired by drugs, a misdemeanor, reckless endangerment in the first degree, a Class D felony, two counts of criminal mischief in the second degree, a Class D felony, reckless driving, a misdemeanor. Brown and Wells are accused of stealing property from Dick's Sporting Goods on June 24 with a value in excess of $3,000. They were allegedly in possession of a stolen 2005 Buick. They are accused of coordinating their alleged theft together. They are accused of stealing a 2023 Volkswagen valued at more than $100. Brown is accused of driving the Volkswagen on Route 63 in the town of Alabama while impaired by drugs. He is accused of driving recklessly. He is accused of damaging a Sheriff's patrol vehicle and the Volkswagen, causing more than $1,500 in damage to each vehicle.
Devante Wells
Devante M. Wells is indicted on counts of burglary in the third degree, a Class D felony, grand larceny in the fourth degree, a Class E felony, and conspiracy in the fifth degree. Wells is accused of entering Kohl's Department Store on Feb. 13 with the intent to commit a crime, of stealing property more than $1,000, and of agreeing to participate in the alleged crime with another person.
Devante M. Wells is indicted on one count of bail jumping in the second degree, a Class E felony. Wells is accused of failure to appear for court as ordered on Aug. 8.
Devante M. Wells is indicted on one count of bail jumping in the second degree, a Class E felony. Wells is accused of failure to appear for court as ordered on July 18 in connection with a felony charge.
Terrance Falk is indicted on a count of criminal possession of a weapon in the third degree, a Class D felony. Falk is accused of possessing a folding saw on Oct. 24 in the City of Batavia.
Ivette A. Dejesus is indicted on a count of bail jumping in the second degree, a Class E felony. Dejesus is accused of failing to appear in court on June 20 as ordered in connection with a felony charge.
Fernando Santiago-Vega and Robert L. Ball, III, are indicted on counts of grand larceny in the fourth degree, a Class E felony, and conspiracy in the fifth degree, a Class A misdemeanor. Santiago-Vega and Ball are accused of stealing property from Target valued at more than $1,000 on Jan. 20.
Jamie A. Dutton is indicted on counts of tampering with physical evidence, a Class E felony and obstructing governmental administration in the second degree, a Class A misdemeanor. Dutton is accused of hiding a glass crack pipe under a porch on Dellinger Avenue on Aug. 25. He is accused of attempting to prevent a government official from performing his duties.
Isrrael Obregon, Jr., is indicted on counts of aggravated unlicensed operation in the first degree, a Class E felony and DWI, a misdemeanor. Obregon is accused of driving on a revoked license on May 29 in the Town of Batavia while intoxicated.
How big of a leap is it to go from chef at one of Batavia's best restaurants to owning your own heating and air conditioning installation and repair business?
Not as far as you might think, says Hassan Silmi, who spent a decade in the kitchen of Alex's Place on Park Road to owning Batavia-based Lion HVAC.
In a busy kitchen, Silmi noted, things break, things that are often in need of immediate repair. So when things broke, Silmi set aside his sauté pan and picked up a screwdriver or wrench.
"It's one of those things where maybe I could figure out, get this thing running again and not ruin my Friday or my Saturday cooking at the restaurant," Silmi said. "Besides, whoever you're going to call on a Friday or Saturday night, they will charge you exorbitant money, and that's usually when everything breaks at the restaurant. So it was one of those things -- I could figure it out."
There's also, like cooking, a creative aspect to HVAC work. You might work off a menu, preparing preset recipes, but sometimes you just have to find the right way to do something different.
"There's still a decent amount of puzzle figuring things out," Silmi said. "I could install a furnace, and another guy could easily look at it completely differently and take, you know, the utilities from any direction. Everyone has their own visual look at how they are going to hook it up. How are we going to connect to the boiler? How are we going to branch this system out? The ductwork. One company's work isn't going to look the same if I do it or some other company does it. There's enough diversity, but to the average person, it's like, how it works is how it works."
Silmi is a Batavia High School graduate and went through the culinary arts program at BOCES. While BOCES exposed him to the idea of working in a trade, he said even then, he could have chosen a different path.
"There were a lot of things that intrigued me," Silmi said. "I could have easily gone into auto, or I could have easily gone into carpentry or easily went into heating and cooling, but I was intrigued by food at one point. It (BOCES) was definitely helping to keep the mindset to want to stay in the trades."
During his years in the restaurant business Silmi did well enough and managed his money well enough that he could buy some rental properties. That was the next phase of his move toward entering the heating and cooling business. He had to be his own handyman on his rental properties.
"It was always one of those things where I enjoyed the mechanical aspect of everything," Silmi said.
A few years ago, he decided to leave his job at Alex's Place and enroll in the HVAC program at Monroe Community College. While there, he took additional electrical classes, additional plumbing classes, as well as welding.
He started doing work for friends and family, and he had a neighbor who was a contractor. He was struggling to find trade help, so he started working with him, and that led to Silmi thinking, "I can make this work."
He struck out on his own nearly a year ago.
While he's a one-man operation, he said he's keeping busy doing both commercial and residential work.
By background and training, he said, he's become a bit of a jack-of-all-trades.
"I find myself, like, 'Oh, your dryer's not working. Let me take a look at it," Silmi said. "But in order to go heating and cooling, it's really because you have to know gas, you have to know electric, you have to know plumbing. You can't just dabble in things."
The Genesee County Economic Development Center (GCEDC) board of directors will consider an initial resolution for a proposed market-rate housing development on MedTech Drive in the town of Batavia at its board meeting on Thursday, Jan. 11.
MedTech Landing LLC plans to invest $15 million to construct 100,000 sq. ft. of apartment buildings totaling 80 units. The project is comprised of five buildings with a dozen one-, two-, and three-bedroom units and one 8-unit building, along with 6 six-car garages.
The project aligns with the GCEDC’s Housing Policy #1 and a recognized need for housing availability. The Genesee County Housing Needs Assessment identified in 2018 that 4,800 units were needed in the next 20 years across single-family homes and rental units.
MedTech Landing LLC is seeking a sales tax exemption estimated at $720,000, a property tax abatement of approximately $3,031,048, and a mortgage tax exemption of $120,000. It is estimated that $12 of economic impact will be generated for every one dollar of public sector investment.
The project would also generate up to one million dollars over 20 years that will be dedicated towards the Batavia Home Fund (BHF) which was created to address shared housing goals and establish methods to fund beneficial activities to enhance the area’s housing stock. The BHF is a collaboration between the Town and City of Batavia and the GCEDC.
“As we all know, there is a housing crisis across New York State, and resolving it requires innovation and collaboration, and BHF is a unique way for our community to address our housing needs,” said Batavia City Manager Rachael Tabelski. “As we continue to revitalize our downtown core and infill areas adjacent to the town of Batavia, we are confident that the BHF will encourage developers and homebuilders across the region to invest here.”The Batavia Home Fund is being supported by host benefit agreements with developers and homebuilders for future multi-family housing projects in the City and Town. Projects will be considered by a committee of City, Town and GCEDC officials to determine how funds raised will be utilized.
“As the agricultural, commercial, and industrial sectors continue to grow in the Town and surrounding communities, it’s important that the workforce needed to fill these jobs have good housing options like the ones that MedTech Landing will provide,” said Town of Batavia Supervisor Greg Post. “An important component of this effort is refurbishing and rehabilitating existing housing structures, and this development will contribute to that effort through the BHF.”
If MedTech Landing LLC’s application is accepted, a public hearing will be scheduled on the proposed agreement in the town of Batavia.
The Jan. 11 GCEDC board meeting will be held at 4 p.m. at the MedTech Center’s Innovation Zone, 99 MedTech Drive, Batavia. Meeting materials and links to a live stream/on-demand recording of the meeting are available at www.gcedc.com.
Alan James Warren, 31, of Fillmore, is charged with reckless endangerment 1st, aggravated unlicensed operation, felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation 2nd. Warren is accused of nearly striking a deputy's vehicle while driving in excess of 100 mph at 1:11 a.m. on Dec. 30 on I-490 in Le Roy. Warren was stopped by Deputy Zachary Hoy. He was held pending arraignment.
Rhonda J. Schirmer, 57, of Walnut Street, Batavia, Alyssa M. Rondon, 33, of East Main Street, Clifton Springs, and David R. Fallon, 41, of East Main Street, Clifton Springs, are charged with petit larceny, conspiracy 6th, and endangering the welfare of a child. Schirmer and Rondon are also charged with criminal possession of a controlled substance 7th. Schirmer, Rondon, and Fallon are accused of stealing merchandise from Walmart in the presence of a child. Schimer and Rondon were also allegedly found in possession of a controlled substance. All three suspects were processed at the Genesee County Jail and released on appearance tickets.
Timothy Delshawn Cobb, no age provided, of Butler Avenue, Buffalo, is charged with reckless endangerment 1st, unlawful fleeing from a police officer in a motor vehicle 3rd, reckless driving, aggravated unlicensed operation 2nd, and suspended registration. Cobb is accused of leading sheriff's deputies and Batavia police officers on a high-speed chase on the Thruway at 4:31 p.m. on Jan. 3. He was stopped by a successful deployment of spike strips by Corfu police. Cobb was held pending arraignment.
Maranda Lena Button, undisclosed age, of Park Road, Batavia, is charged with criminal possession of a controlled substance 7th and aggravated unlicensed operation 3rd. Button was stopped at 10:38 p.m. on Dec. 31 on Park Road, Batavia, by Deputy Nicholas Chamoun for an alleged inoperable headlamp. She was allegedly found in possession of cocaine and driving on a suspended license.
Ronda Marie Kern, 42, of Alleghany Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, speed not reasonable, and moving from lane unsafely. Kern was reportedly involved in a crash on South Lake Road, Pembroke, at 7:15 p.m. on Dec. 29 and found hiding in the woods near the crash scene. She was processed at the Genesee County Jail and released.
John David Bissell, 60, of North Academy Street, Wyoming, is charged with driving with a BAC of .18 or greater, driving with a BAC of .08 or greater, ATV violation of driving while intoxicated, moving from lane unsafely, and an ATV violation of uninsured operation. Bissell was reportedly involved in an ATV accident at 1:05 a.m. on Dec. 31 on Telephone Road, Pavilion. Biseell was transported to the Genesee County Jail for processing and released on tickets.
Garrett A. Breister, 51, of Capen Road, Brockport, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by drugs and alcohol, moving from lane unsafely, and speed not reasonable. Breister was reported involved in a motor vehicle accident at 10:39 p.m. on Oct. 31 on North Lake Road, Bergen. Breister was arrested on Dec. 29 following an investigation by Deputy Jonathan Dimming. He was issued tickets and released.
Angel Manuel Canales, 34, of Long Pond Road, Greece, is charged with assault 3rd and harassment 2nd. Canales allegedly punched another patron in the head, knocking him out, while at Batavia Downs, on Dec. 17 at 12:20 a.m. No release status listed.
Ebony Lauren Jenkins, 24, of Child Street, Rochester, is charged with criminal contempt 2nd. Jenkins is accused of violating a court order at 8:19 p.m. on Dec. 27 at a location in Bergen. Jenkins was held pending arraignment.
Skarlette P. Tellier-Wilcox, 19, of Wood Street, Batavia, is charged with petit larceny. Tellier is accused of stealing merchandise from Walmart at 4:43 p.m. on Dec. 29. She was issued an appearance ticket.
Theodle Hill, Jr., 54, of Church Street, Batavia, is charged with disobeying a court mandate. Hill is accused of violating an order of protection by speaking to the protected person while at a local store at 5:28 p.m. on Dec. 27. Hill was held pending arraignment.
Zackary Charles Putney, 27, of Route 98, of Alexander, is charged with DWI, driving with a BAC of .08 or greater, stopping on a highway, failure to use four way flashers. Putney was charged after deputies Jacob Kipler and Austin Heberlein located a vehicle parked on Route 33 in the Town of Pembroke at 1:29 p.m. on Jan. 1. He was transported to the Genesee County Jail for processing and released.
Jonathan Will Dodson, Jr., of Chugg Road, Clarendon, is charged with criminal mischief 3rd. Dodson is accused of cutting the wires of an electrical harness of another person's vehicle at 8:30 p.m. on Dec. 29 at a location on Byron Road, Byron. He was arraigned and ordered held on $5,000 bail or $10,000 bond.
Mary Jenieve Almanzar, 32, of Ada Place, Buffalo, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation, uninspected motor vehicle, and inoperable brake lamp. Almanzar was stopped at 12:01 p.m. on Route 77 in Alabama, on Jan. 6 by Deputy James Stack. During the traffic stop, she was allegedly found in possession of buprenorphine-naloxone that was not prescribed to her. She was released on an appearance ticket.
Joseph Stewart, 69, of Route 19, Le Roy, is charged with harassment 2nd. Stewart is accused of striking another person across the face with a belt at a location on East Main Street, Batavia, at 8:55 a.m. on Jan. 3. He was released on an appearance ticket.
Ricky J. Smith, 33, of Lockport, is charged with two counts of sexual abuse 1st and two counts of endangering the welfare of a child. Smith was arrested by State Police in relation to an incident reported at noon on Oct. 26 in the Town of Darien. He was released on an appearance ticket. Troopers did not release more information.
Michael J. McCarthy, 35, of Corfu, is charged with menacing 3rd and acting in a manner injurious to a child. He was arrested by State Police in relation to an incident reported at 12:43 p.m. on Jan. 4 in the Town of Pembroke. McCarthy's bail status was not available. Troopers did not release more information.
Harold Jemison-Pointer, 30, of Buffalo, is charged with DWI and driving with a BAC of .08 or greater. Jemison-Pointer was stopped at 10:20 a.m. ON Jan. 1 in the Town of Le Roy by State Police. He was released on an appearance ticket.
For the third time in tournament history, Cal-Mum captured the Rotary Tournament crown on Thursday with a 46-40 win over Pembroke.
It's the first time the championship game did not include Batavia or Notre Dame (Notre Dame has won 15 times and Batavia has won nine, with Pavilion picking up the crown once).
For Cal-Mum, Halee Nickerson scored 14 points and was named tournament MVP. Shea Drazkowski scored 16 points.
For Pembroke, Peyton Liss scored 22 points.
Besides Nickerson, filling out the all-tournament team:
Angelo Penna scored 27 points on Wednesday to spark an 81-31 Elba Lancers win over Lyndonville.
Kevin Marsceill scored 17 points, hitting five three-pointers, including four in the fourth quarter.
Also on Wednesday,
Pembroke beat Maryvale, 57 to 41. Tyson Totten scored 27 points and had 16 rebounds. Avery Ferreira scored 15 points and Jayden Bridge had nine rebounds.
Eastridge beat Batavia 70-49. Justin Smith scored 14 points for Batavia. Carter Mullen scored 10.
A building at 3399 Buffalo St., Alexander, a former medical office, that has been the subject of a decade-long legal battle between the Village of Alexander and C&D Design, Build, Development, a Corfu-based business. Photo by Howard Owens.
After an adverse ruling against the village of Alexander in a property condemnation case, the village and its code enforcement officer have filed a malpractice lawsuit against the Attica-based law firm and the lead attorney who handled the case.
The suit names as defendants Dadd, Nelson, Wilkinson & Wujcik, PLLC and attorney James M. Wujcik.
Wujcik, until last week, was county attorney for Genesee County. He served one term, which is two years.
County officials said the decision to replace Wujcik with Mark Boylan had nothing to do with the malpractice accusation.
Neither Legislature Chair Shelley Stein nor County Manager Matt Landers revealed any concern about Wujcik's job performance.
At Wednesday's organization meeting of the County Legislature, all Stein said about Wujcik was that he decided to pursue other opportunities. In response to an email from The Batavian on Thursday, Stein said she knew nothing of any lawsuit naming Wujcik and had no further comment.
"I'll learn with your readers," she said.
The Batavian submitted a Freedom of Information request to Landers requesting any letter of resignation or any written notice of termination, and Landers said there was no responsive document.
Landers said Wujcik had come to the end of a fixed two-year term. He did not resign and was "not encouraged to resign as his term was coming to a natural end."
The lawsuit was filed in August, and The Batavian learned of it after a person who did not include a return address on the envelope sent a copy to the publisher.
On Wednesday morning, The Batavian emailed a request for comment on the pending lawsuit to Wujcik at his law firm address and he has not responded.
Wujcik and the firm have retained legal counsel, The Batavian was told by a source, but those attorneys have yet to file a response to the lawsuit, and no hearing date has yet been set for an initial appearance by both parties in the Supreme Court.
Alleged malpractice suit The plaintiffs are the village of Alexander and Daniel J. Lang. Lang is the code enforcement officer for the Town of Batavia, which has an inter-municipal agreement with Alexander (as well as other towns and villages in the county) to provide code enforcement services.
Until April 2023, Dadd, Nelson, Wilkinson & Wujcik provided municipal legal services to the village of Alexander.
In November 2015, Corfu-based developer and property management firm C&D Design, Build, Development, filed suit against the village and Lang alleging that a building owned by the firm at 3399 Buffalo St. had been improperly condemned in September 2013.
The village, under terms of its agreement with its law firm, selected Wujcik as a lead attorney to handle its defense, a position he held throughout most of the legal battle, which is now entering its 11th year.
The village dismissed the law firm and Wujcik sometime after Genesee County Supreme Court Justice Diane Y. Devlin issued a summary judgment in favor of C&D Design and its owner Gary Dominick, also a principal in the development firm Dominick & Daughters.
The village's lawsuit against Wujcik and his firm states that Alexander and Lang stand to incur significant monetary damages as a result of the summary judgment, which the suit blames on Wujcik's handling of the case after a previous ruling in favor of the village was overturned by an appeals court.
The potential monetary losses, which have yet to be decided by the court, will not be covered by insurance, according to the suit.
The suit alleges that Wujcik:
failed to preserve and protect the rights of the village and Lang through the C&D proceedings;
failed to respond to discovery demands;
failed to oppose discovery motions, resulting in sanctions;
failed to adhere to two separate orders directing the village and Lang to provide complete responses without objection to those discovery demands;
failed to appeal the summary judgment in a timely manner;
failed to raise appropriate legally viable affirmative defenses; and
failed to communicate with the village and Lang to keep them informed of developments in the case.
"But for the defendants' (Wujcik and his firm) legal malpractice, plaintiffs (village and Lang) would have successfully defended the underlying lawsuit," the lawsuit against the Attica-based law firm states. "Plantiffs' actions with respect to C&D's property at issue in the underlying lawsuit were motivated only to address complaints regarding life and safety at the property owned by C&D. All of the plaintiff's actions were in compliance with the New York State Uniform Code. Plaintiffs' actions afford C&D due process with respect to actions taken by plaintiffs in the Zoning Board of Appeals and through an Article 78 proceeding. C&D did not avail itself of the opportunity to challenge plaintiffs' conduct prior to the commencement of the underlying lawsuit."
The suit states that because of the alleged malpractice, Devlin found in favor of C&D on Aug. 18, 2022, in a summary judgment (no trial) on its claim that its due process rights were violated and awarded C&D legal fees and expenses and ordered a hearing to determine the amount of C&D's damages.
"After entry of the Aug. 22, 2022 order, defendants failed to timely file a notice of appeal with respect to that judgment and failed to inform plaintiffs of the adverse judgment," the suit states. "Instead, defendants filed a frivolous motion to reargue on plaintiffs' behalf that had no chance of success because it was not the proper vehicle to challenge the court's ruling."
Foul odor Events leading up to the "underlying case" began in the late summer of 2013 when at least two employees of Dr. Mary Obear, who operated a clinic in C&D's building, complained of foul odors in the building and were diagnosed with a respiratory illness.
According to court documents, the building was constructed according to Obear's specifications in 2012 and received a certificate of occupancy signed by Karl Bender, the village's code enforcement officer at the time.
In response to the complaints about the odor and ailments, according to Lang's statements in court records, Lang was granted access to the building on Sept. 4 by its legal occupants and commenced a visual inspection. Court documents state he discovered 37 code violations during that visit and that, coupled with the reported odors and illnesses, he condemned the building on Sept. 9, 2013, requiring Obear to immediately close the clinic.
The building was posted as condemned over the next two years, so at this point, Dominick filed a lawsuit alleging that the village condemnation was unnecessary and violated the law and his Constitutional rights.
He claimed that village leaders had a history of retaliating against citizens who complained about village actions and that he had been vocally critical of village decisions more than a decade earlier, suggesting that the condemnation of his building was an act of retaliation.
On Sept. 24, 2015, the village delivered to Dominick a list of 80 alleged code violations. Dominick's attorneys characterized the list as a vague recitation of code sections without listing specific violations, but some of the violations listed are specific.
The letter, which is part of the court record, states that the main beam for the structure does not meet NYS uniform code requirements, the foundation system is not built as designed, the floor joists have been cut, notched, sawed, and are not in compliance with code, that there was seepage through the wood foundation, which was not constructed in accordance with the design, and that Lang viewed unapproved methods of construction through the structure.
"Due to the conditions present during our visit, we deemed the condition of the structure unsafe," the letter states. "Due to the lack of required documentation provided for this structure and the contractor not following the submitted plans, I am also in question of all structural elements of the building not in the submitted drawings that we cannot visually inspect."
The letter asked that prior to anyone undertaking any repairs on the building, that a full structural analysis and evaluation by a licensed engineer be completed.
As for the odor complaints, Dominick hired Lozier Environmental Consulting, Inc. to conduct fungal air sampling. The consultant determined there was mold in the building, but the spore concentration in the occupied areas of the building was within acceptable air quality standards. However, the same inspector found penicillium/aspergillus spores in the basement at levels that are considered unsafe. The consultant recommended several actions to remediate the issue.
In one of his answers to court filings, Lang seemingly cited this report as support for the condemnation, but attorneys for Dominick note that the report was completed after the condemnation. It also did not support condemnation, they asserted, because air quality in the occupied part of the building was found to be within acceptable limits.
C&D vs. Alexander lawsuit In late 2016, the attorney for C&D filed an amended complaint that focused on trespass (alleging Lang entered the premises without permission), nuisance, inverse condemnation, tortious interference, and violation of civil rights.
The complaint was amended again on Jan. 22, 2018, seeking damages for violations of Dominick's civil rights under the First, Fifth, and 14th Amendments to the U.S. Constitution and violations of the state Constitution.
The suit claimed that Dominick's rights to due process were violated because he was not afforded the right to a hearing on the "taking" of his property by the government.
Dominick's attorneys claimed in multiple filings that C&D was entitled to either a hearing before the building was condemned, or in the case where immediate condemnation is a matter of imminent public safety (which the attorneys said was not the case), a hearing after condemnation.
Wujcik argued that Dominick foreclosed a hearing at the village level when he retained an attorney who ordered Lang to have no further communication with his client, indicating pending legal action. He also argued that C&D chose to forego its right to an Article 78 proceeding and instead chose to file a lawsuit. In either case, any lack of due process, according to Wujcik, was at C&D's doing, not due to conduct by the village nor Lang.
In an eight-page order issued on Dec. 18, 2018, Judge Emilio Colaiacovo dismissed C&D's entire case.
Colaiacovo found that Lang operated within the scope of his legal duties as a code enforcement officer, with a reasonable belief that the building on Buffalo Street was a threat to public safety, and that Lang acted without political motivation and his actions were not arbitrary.
"Defendants have provided ample documentation justifying their decision to placard the property,' Colaiacovo wrote. "While they may have disagreed with the decision or the reasons offered by Lang, the plaintiff has not demonstrated any egregious municipal misconduct. The record is bereft of any 'political concerns' that prompted the determination of the village or its building inspector. While arguably, the plaintiff may be able to show that the defendants misinterpreted the village or state building code, that in and of itself does not constitute egregious official conduct motivated by the color of politics."
Overturned on appeal Attorneys for C&D appealed the decision, and on Aug. 25, 2020, the Appellate Division of the Fourth Department, Supreme Court of the State of New York, overturned Colaiacovo's decision.
"Initially, we agree with the plaintiff that the court erred in converting the defendants' motion to dismiss to one for summary judgment," the appellate justices wrote. "The court did not provide 'adequate notice to the parties that it was doing so, nor did defendants and plaintiff otherwise receive adequate notice by 'submitting facts and arguments clearly indicating that they were deliberately charting a summary judgment course."
The ruling was not entirely favorable to C&D, however, with the court finding that the court properly denied the plaintiff's motion because the plaintiff failed to establish that it is entitled as a matter of law to the relief it sought as part of the suit -- removal of the placard on the building declaring it condemned.
The case was returned to Genesee County Supreme Court for further proceedings, which eventually led to the summary judgment by Devlin in favor of C&D.
According to a notice posted in a window at 3399 Buffalo St., Alexander, Dominick has been granted a permit to convert the former medical office building into four apartment units.
City of Batavia firefighters push in the new Engine 12 in a ceremony officially putting it in service at the Fire Hall on Evans Street, Batavia, on Wednesday. Photo by Howard Owens.
Back in the day, explained City Fire Chief Josh Graham, fire engines were horse-drawn, and since horses couldn't back up well, firefighters, when they returned the wagon to the hall, pushed it into its bay.
With the arrival of combustion engines, it became a tradition, Graham said, for firefighters to push in the new engine into the hall as part of a ceremony putting it into service.
"I was kind of shocked to find out a lot of the firefighters had never heard of a pushing ceremony, and I thought it was a pretty common knowledge thing, but it's just kind of paying tribute to the past firefighters," Graham said.
So that is what Batavia's firefighters did at the fire headquarters on Evans Street in Batavia on Wednesday. They pushed in the new Engine 12, which the city purchased for nearly $800,000. Most of that was financed through a low-interest loan from the United States Department of Agriculture. The city paid about $100,000 up front from its capital reserve fund.
Graham characterized the new apparatus as one of the best pieces of firefighting equipment he's come across in his career, praising the committee of firefighters and officers who came up with the specifications and design for Engine 12.
"The committee did a lot to think through the entire process on what was best for us and our needs and the city's needs," Graham said. "The way they laid it out, decided to go with a side mount pump, giving more room, the way they put the equipment, how they put the ladders on there. I mean, everything from top to bottom, even the lights that signify how full the tank is. They thought through everything. And it turned out extremely well. I couldn't be more pleased with it."
Capt. Jamie Call headed up the committee and said they were impressed with the manufacturer, Spartan, and are glad they selected that company to put the engine together according to their specifications. It means, among other things, faster delivery time.
"Their turnaround time is very short compared to some other brands right now," Call said. "I mean, it was a little less than a year. Now some of these other brands out there, they're out to 48 months to get delivery. This went really well."
He said the committee was comprised of members from all four of the department's four platoons and that a lot of thought did go into designing an engine that would meet the needs of the city for the next couple of decades.
"We are so very proud of what it is," Call said. "I'm very happy that we could all be part of this and have this great vehicle."
City of Batavia firefighters push in the new Engine 12 in a ceremony officially putting it in service at the Fire Hall on Evans Street, Batavia, on Wednesday. Photo by Howard Owens.
Chaplin Dave Erhart blesses the new Engine 12 and the men and women who will serve on it. Photo by Howard Owens.
The old Engine 12, after 22 years of service, is out of service, and once City Council approves it as surplus, it will be put up for auction, said Chief Josh Graham. Potential buyers include overseas fire companies, farmers, and entrepreneurs with ideas for creative uses. Photo by Howard Owens.
Pembroke will play for the Rotary Tournament championship on Thursday after knocking off Notre Dame in a first-round game on Tuesday, 50-43.
Elle Peterson scored 15 points, and had five assists and four rebounds to help lead the Dragons to the win in the Girls Basketball game.
Seneca Calderon scored 11 points and had four assists and five rebounds. Jaden Hootman scored seven points. Morgan Conibert scored six and blocked three shots. Regan Schneider grabbed seven rebounds while scoring four points.
For the Irish, Nina Bartz scored 15 points, Emma Sisson, 10, and Sofia Falleti, eight.
