There was a birthday party at 400 Towers in Batavia on Sunday, with four of the residents celebrating their recent 90th birthdays and one, his 95th.

Pictured: Hazel Preedom, 90, Eleanor Day, 90, Julia Scalia, 90, Frank Aquino, 90, and Donald Hart, 95.

Photo by Howard Owens.

Photos and information from Heather Klein, 400 Towers case manager.

Some of our residents at 400 Towers in Batavia painted pumpkins. It was a fun way to have some activity for our residents during times of COVID-19.

One that stands out in particular (top photo) was made by a resident who painted a pumpkin the colors of candy corn and added a mask. 

Another resident thought it was a great reminder to the community to wear masks and suggested that we contact The Batavian.

The pumpkin painter of the top photo is Pauline Hensel.

Below, the top left and bottom right pumpkins were done by AJ Taylor. The top right and bottom left were done by Patricia (Pat) Larson.

A group of non-smoking residents at 400 Towers are demanding stronger enforcement of a no-smoking policy that was instituted in April and they've prepared a petition for the Housing Authority asking for sterner measures against rule violators.

Nathan Varland, executive director of the Housing Authority, said the agency is doing everything it can to enforce the ban on smoking in apartments, in the building and anywhere within 25 feet of the building.

"I'm also frustrated," Varland said. "We put a policy in place in order to help us go in a healthier direction and it's something I feel strongly about and something I want to move forward on."

Varland has been the director since 2015 and he said work on the policy began under the previous housing director. It took a long time to implement because the authority wanted to make sure it was rolled out to residents in a way that gave them time to adjust their living arrangments if necessary.

There was a 60-day notice prior to the policy becoming official. That gave residents who wanted to continue smoking in their apartments time to move and while some people did move during that 60-day period, Varland couldn't say whether they left 400 Towers specifically because of the new policy.

There have been five residents who quit smoking as a result of the new policy, however, Varland said.

According to the non-smoking residents, many who gathered in a meeting Friday night led by resident Beverly Morgan, most of the residents who smoke are complying with the rules, but there are about 20 residents who continue to either smoke in their rooms, in hallways and stairwells or in the front of the building.

"There's no place you can go outside and not smell smoke," Morgan said.

Residents expressed concerns about the dangers of secondhand smoke, especially for vulnerable people, such as seniors and those with related medical issues. It's not just an issue with smelling smoke, they said, but a real health concern.

Under the new policy, smokers who violate the rules get three chances to comply. First, there is a written warning, then a fine, and then eviction.

"I know for a fact there are some people who should have been evicted already," said one resident at Friday's meeting.

That isn't accurate, Varland said. There are a few residents who are on the cusp of a third violation, but they haven't crossed the line yet.

"There are certainly not people who have three strikes right now," Varland said. "We go by our own policies as much as we try to enforce our policies fairly. If we have evidence we move ahead with eviction."

Getting evidence can be difficult, however. During non-office hours, the only people around to file complaints about smokers are other residents. There is a group of volunteers who are empowered to patrol the building and grounds and turn in complaints, but those complaints must still be substantiated in order for the housing authority to take action.

While the Batavia Housing Authority developed its own policy, during the period of implementation, the Housing and Urban Development Department issued its own policy banning smoking at HUD-funded facilities.

"A few tenants have been slower to realize that it's time to change their habits or move," Varland said. "That's up to them. We can only enforce our policy the way it is intended and we're going to enforce it."

The authority also recently received a grant from the Greater Rochester Health Foundation to build amenities, outdoor spaces, for non-smokers and those projects should be completed by late spring or early summer, Varland said.

Cigarettes aren't the only smoking issue Varland is dealing with. Residents said, and Varland confirmed, there is also some marijuana use at 400 Towers. 

Varland said the housing authority is bound by federal law to treat smoking marijuana like any other illicit drug use. It's a crime and Batavia PD has been cooperative in trying to investigate these crimes, he said.

"We are forced to take it very, very seriously," Varland said.

The defense attorney for Darren Annovi, Lisa Kromer, argued that jail was not an appropriate sentence for Annovi because he has had persistent mental illness and has suffered from mental health issues since childhood.

Annovi has limited intelligence and did not intend to harm his cat, she said, even though he knew it would die in the hot oven, he apparently thought it would painlessly go to sleep and pass away.

During the term of Annovi's probation he will not be allowed to own any pets.

Wendy Castleman with Volunteers for Animals was hoping for more. 

“I think the concern I would have is the signal it sends to the public," she said. "This is a person who killed an animal in a cruel way and received probation. So does that make it OK for other people?”

Via our news partner, WBTA.

Nathan Varland, most recently the housing director for Community Action of Orleans & Genesee, has accepted the position.

Hawley said Varland was one of four candidates interviewed for the position and the board of directors were impressed with his qualifications.

Varland steps into the role while the board conducts an internal investigation into the death of a 91-year-old resident of 400 Towers, who apparently wandered onto the roof of the building and died of exposure. Batavia PD is still awaiting results of an autopsy report in the death of the resident, who may have suffered from mild dementia. 

Hawley, president of the City Council, also serves on the BHA Board.

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.

Yesterday morning a 91-year-old man with dementia was found dead on the roof, apparently the victim of exposure after wandering onto the roof and seemingly unable to find his way back into the building.

The name of the man has not yet been released.

Hawley, who is also president of the City Council, called the incident "unfortunate."

"We will be doing an internal investigation to find out what went wrong and whose responsibility it was," Hawley said. "I believe something slipped through the cracks and unfortunately the door to the roof was left open and we need to investigate that and find out why."

This is the second death of questionable circumstances in the past six months at 400 Towers, but Hawley said the two incidents are totally unrelated.

In the prior incident, a resident apparently died of natural causes in his apartment, but his death wasn't discovered for at least two weeks.

"The only reason he was not found is because he didn't have any friends and there are liability issues for just entering somebody's apartment unless there's a cause."

UPDATE: Here's a press release about the incident from Batavia PD:

The Batavia Police Department is currently investigating the death of a 91-year old -male that occurred sometime overnight, Oct. 12 – 13, at 400 E. Main St. in the City of Batavia.

Officers responded at approximately 8:36 a.m. for a missing person report at that location. The call was placed by a caregiver who had stopped to check on the deceased early that morning. After a brief search the man was located on the roof of 400 E. Main St. deceased. Video recovered from the premises shows the man wandering the halls until approximately 1:40 a.m., he appeared to be disoriented. He is last seen going into a stairwell leading to the roof where he was later found.

The Police Department is working closely with the Housing Authority as the investigation proceeds. The body was sent to the Monroe County Medical Examiner’s Office for an autopsy. Further details of the investigation will be available pending the results of the autopsy. 

Previously: Resident of 400 Towers reportedly dies of exposure after wandering to roof during the night

Our news partner, WBTA, conducted the interview with Hawley.

Yesterday morning a 91-year-old man who reportedly suffered from mild dementia was found dead on the roof of the west wing of 400 Towers. He apparently died of exposure.

Chief Shawn Heubusch, Batavia PD, confirmed last night the death and that the man was found on the roof, but officials have yet to release the man's name.

Kyle Couchman, who was hired as an independent contractor to help care for the gentleman, called police yesterday morning after he found the man was missing from his room.

Couchman said the man would occasionally get up in the middle of the night and be confused about where he was and would wander off. Typically, when that happened, he would first move things around his room, so when Couchman arrived in the morning and found his room in a bit of disarray he knew the man had another wandering episode.

He tried calling the man's cell phone and began searching the stairwell to see if he might have stopped to rest or fallen. On the sixth floor, in a walkway outside the stairwell, he found the man's phone, wallet and towels from the man's room.  

It was now after 8:30 a.m., he said, and the 400 Towers Office was open for the day and he asked if surveillance video could be reviewed and he said he was told he would have to wait until the maintenance supervisor was available, or he could call police for assistance, so he called police.

A short time after Officer Frank Klimjack arrived on scene, the maintenance supervisor found the gentleman's body on the roof. 

A county coroner pronounced the man dead at the scene, Couchman said.

Couchman speculated that the man wandered up to the roof, became confused, and couldn't relocate the doorway that would lead him back into the building.

"He was in a common sleeping position for him when I would come in and wake him up in the morning," Couchman said.

According to Couchman, there was a magnetic lock on the door leading to the roof that was left unsecure, perhaps after fire maintenance work on Friday. The lock is supposed to be secure at all times, Couchman said, and only open during a fire alarm.

In June, a resident apparently died in his room and was left unattended or unchecked upon for two weeks.

A phone call to the Batavia Housing Authority placed this morning seeking comment has not yet been returned. We will continue to update this story or post new stories as additional information becomes available.

Batavia PD spokesman Det. Eric Hill said there is no exact time of death for the male resident, but that he had been dead for an extended period of time before his body was found.

WBTA, our news partner, attempted to contact leadership at the Batavia Housing Authority, which runs 400 Towers, for comment on the situation, but the calls were not returned.

In response to our question about whether this sort of circumstance is rare or common, Hill said, "It’s not unusual for a person to be deceased for a while before they are found. It’s also not something that we keep records on so I couldn’t say if it happens more often at one place than another."

Hill said the name of the deceased is being withheld out of respect for the family. He did say the deceased had a number of medical conditions.