batavia

Marty C. Phelps was lain to rest today in Batavia with military and fire department honors. Phelps served 25 years with the City of Batavia Fire Department and was a strong advocate for fire prevention. He also served 50 years as a volunteer firefighter with various departments, was a veteran of the Army, and founder of the Medina Railroad Museum. Click Here to view complete obituary. 

Photos provided by Destin Danser Photography.

Former City of Batavia firefighter and a 50-year veteran of the volunteer fire service, Marty Phelps will be remembered today with a full-honors funeral procession down Main Street with a pass by the City fire station on Evans before winding up at St. Joseph's on Main Street.

The Army veteran was involved in many community organizations and was the creator, director and conductor of the Medina Railroad Museum.

A giant flag will be held aloft across Main Street at St. Joe's by City Ladder 15 and Town of Batavia Ladder 25.

The route begins at the Michael Tomaszewski funeral home, 4120 W. Main Street Road, Batavia, at 10:30 a.m., proceeds east down Main Street, onto Ellicott Street, to Evans Street, to Maple, to Jackson, to Ellicott, to Swan, to Main, to Summit.

Traffic diversions are being set up now at some locations along the route.

For the full obituary for Marty Phelps, click here.

Former Sheriff Gary Maha has decided to run for the District 9 seat on the County Legislature and incumbent Ed DeJaneiro is taking it all in stride.

He's faced opposition before, he said, and hopes come election day voters will look at his long years of service to the community and 10 years experience in the Legislature and decide in his favor.

"I respect that fact that he wants to run for this office," DeJaneiro said. "I think it’s critical though that they look at what’s going on right now before they make the final decision to vote for one or the other. There are things related to many, many years of understanding and experience in regard to some of these decisions coming up. It’s more than just the jail. Mr. Maha is a wonderful person and I’m sure he means well, but I think there is a large learning curve."

After Maha decided to run, DeJaneiro said he got a courtesy call from the former lawman and DeJaneiro said Maha told him he wanted to work on the jail project.

The county is being pressured by the state to replace its decades old and outdated jail with a new facility.

Reached while on vacation, Maha said it's more than just the jail that interests him in a seat on the County Legislature. He thinks his years of leadership experience and training will be an asset on an array of issues. He thinks he can help the Legislature prioritizing the use of the county's resources rather than just turn to the taxpayers for more money. But, yes, the jail is important and he's got some experience with the topic.

"I told him I think I could be an asset to voters of District 9 when it comes to the topic of building a new jail because I operated a jail for 29 years," Maha said.

That isn't the only issue that interests him, he said. (We'll talk with Maha in more depth about his reasons for running and other county issues when he's back from vacation).

DeJaneiro has indicated he favors looking more closely at a shared services agreement with another county.

"With the jail, in particular, we have to look at things very closely in respect to our needs and if there is any opportunity to build a joint jail with another county, and other counties that have the same criteria as we do, whereby the state is requiring them to have a more modern jail," DeJaneiro said. "We’re all going to be faced with the same expensive task of building a new jail, and I mean expensive. I’m talking around $35 million."

There are other issues facing the county, DeJaneiro said, where he thinks his experience is an advantage.

"I’ll tell you, it’s one of those situations where I have worked hard for residents and I’m very concerned about some of the upcoming things such as property taxes," DeJaneiro said. "Property taxes are something that is really hurting us more than we think. Everything is based on and paid for by property taxes. We don’t collect income tax and property taxes is something I’m concerned about. We have a lot of upcoming expenses and things happening."

He's especially focused, he said, on protecting the city's share of the county's sales tax.

"I'm working really hard on trying to make sure the county, Geneses County, lives up to what they promised the City of Batavia in respect to shared sales tax, which means millions of dollars for the City," DeJaneiro said. "Without that, we’re not in good shape in the city if we don’t continue to get our share of the sales tax."

The other big issue, DeJaneiro said, is water.

"The water situation in Genesee County is one that we need more water distributed to various portions of the county that don’t have it and need it, but again, it’s a very expensive ordeal," DeJaneiro said. "That wouldn’t necessarily mean our property tax. It is a special fund for that, but still an expense and we have to watch out for our residents, especially those on a fixed income, which is many of us."

News partner WBTA contributed to this story.

Press release:

The Genesee County Economic Development Center (GCEDC) Board of Directors approved incentives to Genesee Valley Transportation for the proposed expansion of the company’s cross dock facility. Meanwhile, the Genesee Gateway Local Development Corporation (GGLDC) Board of Directors approved revolving loan funds for capital projects at the Batavia Brewing Company and Liberti, Valvo & Associates LLC.

Genesee Valley Transportation will invest approximately $1 million to expand its dry dock facility from 25,000 square feet to 37,160 square feet in order to meet increased customer demand. The estimated amount of incentives is $142,138 and for every $1 of public benefit the company is investing $4 into the local and regional economy. The expansion project will help retain 10 jobs.

“GVT is a critical component of the region’s transportation infrastructure,” said GCEDC Board Chairman Paul Battaglia. “This infrastructure is another asset that our sales and marketing team can utilize to sell and promote the region for economic development opportunities.”

The GGLDC Board approved requests for two loans from its revolving loan program.

The Batavia Brewing Company requested a $150,000 loan from the Batavia Micropolitan Area Community Redevelopment Loan Fund (Redevelopment Loan Fund) to assist with its $3.6 million rehabilitation project at the historic Newbury building in Downtown Batavia. The company will convert the upper floors to apartments, create a brewing area in the basement, and build a taproom and restaurant as well as incubator space for FreshLAB on the first floor.

Liberti, Valvo & Associates LLC received approval for a $50,000 loan as part of a $275,000 business project. It is a manufacturers' sales representative agency that specializes in quality safety and utility products in markets in New York, New England, the Mid-Atlantic and Ontario, Canada.

“The revolving loan program continues to provide our small businesses opportunities to expand and grow,” said Thomas H. Felton, GGLDC chairman. “It is an important resource our agency can provide to our small business sector, which is the backbone of our regional economy.”

The GCEDC and GGLDC board meetings were conducted on May 4 in the Innovation Zone at 99 MedTech Drive in Batavia.

Press release:

The Batavia Rotary Club 19th Annual High School Baseball Tournament scheduled for Saturday, May 6, has been canceled due to unplayable conditions caused by this week’s rain.

Due to scheduling conflicts the tournament, which features Batavia, Notre Dame, Oakfield-Alabama and Attica high schools, could not be rescheduled this season. This is third time in the tournament’s 19-year history that weather has forced cancellation with no games played in 2004 and 2014.

The 2017-18 budget for the Richmond Memorial Library, with a $25,044 in spending, was approved by voters with 87 percent, or 211 people, voting yes.

Rebecca Long was elected to a five-year term to the Board of Trustees, filling a vacancy to be left by Beth Stich, whose term expires in June.

In recognition of May being National Electrical Safety Month, Fire Chief Stefano Napolitano and the City of Batavia Fire Department in conjunction with the National Fire Protection Association (NFPA) and the Electrical Safety Foundation International (ESFI) would like to remind all residents of several electrical safety tips.

• Have all electrical work done by a qualified electrician.
• When you are buying or remodeling a home, have it inspected by a qualified private inspector or in accordance with local requirements.
• Only use one heat-producing appliance (such as a coffee maker, toaster, space heater, etc.) plugged into a receptacle outlet at a time.
• Major appliances (refrigerators, dryers, washers, stoves, air conditioners, microwave ovens, etc.) should be plugged directly into a wall receptacle outlet. Extension cords and plug strips should not be used.
• Arc-fault circuit interrupters (AFCIs) shut off electricity when a dangerous condition occurs. Consider having them installed in your home.
• Use ground-fault circuit interrupters (GFCIs) to reduce the risk of shock. GFCI’s shut off an electrical circuit when it becomes a shock hazard. They should be installed inside the home in bathrooms, kitchens, garages and basements. All outdoor receptacles should be GFCI protected.
• Test AFCIs and GFCIs once a month according to the manufacturer’s recommendations.
• Check electrical cords to make sure they are not running across doorways or under carpets. Extension cords are intended for temporary use. Have a qualified electrician add more receptacle outlets so you don’t have to use extension cords.
• Use light bulbs that match the recommended wattage on the lamp or fixture. There should be a that indicates the maximum wattage light bulb to use.

Lastly, it is recommended that you call a qualified electrician or your landlord if you have:

• Frequent problems with blowing fuses or tripping circuit breakers
• A tingling feeling when you touch an electrical appliance
• Discolored or warm wall outlets
• A burning or rubbery smell coming from an appliance
• Flickering or dimming lights
• Sparks from an outlet

If a resident has any questions or concerns regarding any of these tips, they can contact the City of Batavia Fire Headquarters at 585-345-6375.

Christopher R. Stowell is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 6 in the Town of Pavilion, that Stowell rode a 2006 Suzuki motorcycle in a westerly direction on Route 20 and did so while holding a conditional driver's license and also did so while under the influence of alcohol. In count two of the indictment, the defendant is accused of the offense of driving while ability impaired by alcohol, a violation. In count two, it is alleged that his ability to operate the Suzuki at the time was impaired by the consumption of alcohol. In count three, Stowell is accused of operating a motor vehicle in violation of the terms of a conditional driver's license. It is alleged that at the time he rode the motorcycle, he did so for a use other than authorized by the vehicle and traffic law section (1196-7(a)) of the conditional license. In count four, he is accused of second-degree assault for allegedly recklessly causing serious physical injury to another person by means of a dangerous instrument -- a motor vehicle, in this case, a motorcycle. Also, in Special Information filed by the District Attorney, Stowell is accused of having been convicted of driving while ability impaired by consumption of alcohol on Aug. 16 in the Village of Geneseo Court and that this conviction formed the basis of the conditional license referred to in counts one and three.

Jason E. Carpenter is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Feb. 26 on Liberty Street in the City of Batavia that Carpenter, with intent to cause serious physical injury to another person, caused such injury to a person.

Willie A. Sabb Jr., AKA Willie A. Saab Jr., is accused of the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 29 the defendant knowingly entered or remained unlawfully in a dwelling on Lyon Street in the City of Batavia with intent to commit a crime. In count two of the indictment, he is accused of first-degree criminal contempt, a Class E felony. It is alleged in count two, that on Jan. 29, in violation of a duly served order of protection, he -- with intent to harass, annoy, threaten or alarm the protected party -- struck, shoved, kicked or otherwise subjected that person to physical contact, or he attempted or threatened to do so.

Melanie M. Matesz, 51, of Dellinger Avenue, Batavia, is charged with third-degree criminal mischief. She was arrested at 9:38 p.m. on April 30 on Dellinger Avenue following a domestic incident wherein she alllegedly intentionally damaged property in excess of $250. She was jailed without bail and was due in City Court on May 1. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Bolles.

Marissa M. Lehto, 27, of Washington Avenue, Batavia, is charged with petit larceny. At 2:14 p.m. on April 27, Lehto was arrested for allegedly shoplifting more than $200 in groceries from Top's Market on West Main Street in Batavia. She was jailed and due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Kevin DeFelice.

Elijah J. Richardson, 20, of Maple Street, Batavia, is charged with third-degree robbery, petit larceny and second-degree harassment. He was arrested on April 30. It is alleged that at 4:58 p.m. on April 29 that Richardson forcibly stole property from another person on Thorpe Street in Batavia. He was jailed without bail and was due back in court May 1. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Arick Perkins.

Richard Dean McKague Jr., of West Main Street Road, Batavia, is charged with first-degree contempt and second-degree harassment. He was arrested at 7 a.m. on May 1 on West Main Street Road for allegedly striking his girlfriend during a domestic dispute, in violation of a duly served "refrain from" (contact) order of protection. He was arraigned in Batavia Town Court and released on his own recognizance and is due back in court on June 26. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

The Le Roy Police Department arrested 21-year-old David J. Welninski, of 285 Skyview Drive, Arcade, and a 17-year-old female after a complaint and subsequent traffic stop in the Village of Le Roy. The complaint was received on May 2 at about 7:25 p.m. in which the caller stated she allegedly observed the female in the vehicle wrapping Welninski’s arm and then using a needle to inject him. The vehicle was located on Route 19 in the Village of Le Roy and after a brief investigation, needles and heroin were allegedly found inside the vehicle. Both Welninski and the 17-year-old female were arrested and charged with criminal possession of a controlled substance and criminal possession of a hypodermic instrument and were issued appearance tickets to face the charges at a later date.

Timothy Michael Weinstein, 45, of West Main Street, Batavia, is charged with first-degree criminal contempt, and aggravated family offense. He was arrested on May 3 after allegedly making several phone calls to a protected party. He was jailed and is due in City Court at a later date. The case was handled by Genesee County Sheriff's Deputy Andrew ale.

On April 28, Tatiana C. Lugo, 22, of Hutchins Street, Batavia, was arrested and charged with second-degree criminal contempt. It is alleged that on April 24 at 2:42 p.m., Lugo violated a complete stay away order of protection. She was issued an appearance ticket for May 2 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Mitchell Cowen.

Elizabeth A. Finnin, 47, of South Swan Street, Batavia, is charged with petit larceny. At 7:18 p.m. on April 29, Finnin allegedly stole a pack of cigarettes from the Family Dollar store on East Main Street in Batavia and was quickly apprehended. She was issued an appearance ticket for May 2 in City Court. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Eric Bolles.

James J. Spivey, 19, of Holland Avenue, Batavia, was arrested at 1 p.m. on May 2 on a bench warrant issued out of City Court following his alleged failure to comply with court conditions. He was jailed with unspecified bail and is due in court on May 16. The case was handled by Batavia Police Officer Mitchell Cowen.

Eric M. Smith, 31, of Iroquois Road, Caledonia, was arrested at 9:22 p.m. on May 1 on a City Court bench warrant. He was jailed on $1,500 bail or bond and was due back in court today (May 4). The case was handled by Batavia Police Officer Christopher Lindsay.

Some of the students and staff at Genesee Community College came together today on the lawn outside the north side of the forum for an aerial photo of them forming a human number 50 as part of the college's year-long celebration of its 50th anniversary.

Photos courtesy Genesee Community College.

Morgan Eastlack, owner of Morgan Joanna Films in Albion, was the drone operator for the event.

Cindy Hegelberger, assistant professor and reference services librarian, was a participant.

With the GCC Cougar, Kristen Murk, student activities and organizer of the event, and Cliff Scutella, director of student activities.

A Level 3 sex offender facing multiple indictments on sexual assault and other charges entered a guilty plea today to attempted criminal sexual act in the first degree.

That's a Class C violent felony.

The plea means there will be no trial next week for Marlek Holmes, 42, who if he had been convicted at trial of the Class A felonies of predatory sexual assault and predatory sexual assault against a child would have faced a possible life term in state prison.

District Attorney Lawrence Friedman said Holmes said it was just "common sense" to enter the plea today.

Jury selection was to begin tomorrow in the trial of Holmes, who had not been scheduled to appear in County Court today until he decided to plea to the lesser included charge.

By pleading guilty, even as a second violent felony offender, Holmes reduces his possible life sentence to a maximum mandatory sentence of somewhere between seven and 15 years.

He will be sentenced at 9:30 a.m., May 30.

There are still four pending indictments against Holmes, with the most serious remaining charge being second-degree assault, a Class D violent felony.

"We will have to figure out later where we are going on the remaining cases," Friedman said.

Are you ready for a resurgence in Batavia? It's coming.

Well, at least Resurgence Brewing Company of Buffalo is coming.

The popular Buffalo-based brewery is going to be part of the revitalized and rebuilt Ellicott Station (the former Della Penna property) on Ellicott Street on the edge of Downtown Batavia.

"We're obviously ecstatic about the project and seeing it come to fruition," said City Manager Jason Molino. "We're incredibly excited about Resurgence, a reputable brewery coming to the community and bringing a new, kind of niche beer, sour beer. I think it's going to help complement what we're trying to do downtown, bringing in more dining and entertainment options for people."

We've known for a long time that Ellicott Station would include a brewery and brew pub. What we didn't learn until today is that the company moving into the space would be a brand that has rapidly grown in popularity in Buffalo.

Resurgence will open a restaurant, a brew pub and beer garden that will serve their full line of beers, and a brewery that will produce sour beer, a kind of beer that has only recently started to reach the East Coast market.

Because its brew process is different and the yeasts involved can't mix with the other brews, Resurgence was looking for a location separate from their current Buffalo location.

In fact, Batavia had been on the map for Resurgence owners Chris and Jeff Ware for a long time, according to developer Sam Savarino. Savarino said he had heard the Wares had been looking at Batavia as a possible location for a brewery if not a restaurant and pub. After his company won the RFP for the Ellicott Station project, he contacted them and a deal came together very quickly, he said.

"They’re good people," Savarino said. "They’re dedicated to their craft and they care about the product they produce. That’s evident to anybody who has bought their products or visited their premises in Buffalo. As far as a brewer or retail tenant, they are a very good bet."

The Resurgence name comes from the founders' own belief in the resurgence and renaissance of Buffalo, which they've been a part of over the past several years.

Jeff Ware, company president, sent over a statement about how pleased the company is to find a location in Batavia.

"Resurgence Brewing Company is excited to announce their new brewing and biergarten location in Batavia," Ware said. "The brewery will anchor Savarino's Ellicott Station Development and help with the revitalization of downtown Batavia. With the help from New York State from Homes and Community Renewal (state pass-through of the Community Block Development Grant money mentioned below), we will be able to move project one step closer to reality."

Savarino got involved in the project after a third party told him about Batavia looking for proposals to redevelop the Della Penna property and that Savarino Companies might be a good fit.

The company has been involved in a number of revitalization projects in Buffalo. They redeveloped several buildings in the Cobblestone District of Buffalo, renovating buildings and developing mixed-use projects. They redeveloped 500 Seneca Street, a large factory converted to mixed use. They also redeveloped River Landing in Buffalo, which was a brownfield project.

Savarino said when he looked at the Della Penna property, he checked off the qualifications: A distressed property with possible environmental contamination; a distressed census tract with 35 percent unemployment; a median income that is 50 percent of the area's median income; on the edge of a downtrodden downtown. 

"I joked with my friends that it had several strikes against it, so it's just the kind of project we like to take on," Savarino said.

The project will be more than just a restaurant and brewery. There will also be office space -- Savarino said he's in negotiations with possible tenants that he can't disclose yet -- and a 47-unit, four-story apartment complex.

The apartments will be especially great for Downtown, Molino said. Not only will tenants be just steps from Resurgence, within a block's walk are dining and drinking options such as City Slickers, Bourbon & Burger Co., O'Lacy's Irish Pub and Center Street Smoke House, Main Street Pizza Co., and T.F. Brown's.

"Those 47 market-rate apartments fit the demand we're seeing for living downtown," Molino said. "People want to live in downtown areas, whether it's Millennials, seniors or empty-nesters. They have overlapping interests."

Much of what we see on the Della Penna property will be demolished, Savarino said. The front of the Della Penna main building is too far gone to save and the garage to the east of the main building isn't structurally sound and is beyond repair. The main production area of the Della Penna will be restored, and that area is a perfect fit for what Resurgence plans to do, both for its size and design characteristics.

"It's important to have some link to the past," Savarino said. "It wouldn't be the same without that link. It makes the site unique to have a little bit of Batavia's past as a part of it."

Resurgence, combined with the new food establishments, brewery, and apartments going into the former Newberry building, he said, hit key redevelopment goals for Batavia.

"It really completes the project of living in a revived downtown," Molino said.

To help move the project along, Genesee County Economic Development Center is using money from the federal CDBG program. The $15 million project will receive $210,000 that will be half loan and half grant if project requirements are met. The restaurant and brewery are expected to create 15 full-time equivalent jobs, three-quarters of which will go to low- and moderate-income residents.

Getting the project to this point has been a long haul, said Julie Pacatte, coordinator of the Batavia Development Corporation.

"We've been talking about this project for a long time and people have been waiting for some movement," Pacatte said. "I think it just shows how long it takes to get things lined up before we can go public with an announcement."

Financing for the project is coming from several sources, Savarino said, and he expects financing to close in July. Construction should begin by August and Resurgence should open its doors during the first quarter of 2018.

The way the project came together, Molino said, with the involvement of the City School District, GCEDC, the county, BDC, and the City, it's really a model for how revitalization projects can be handled when everybody works together for a common goal.

"It was great work from everybody involved with great support from Resurgence," Molino said. "When you talk about how projects come together, it's really a model for best practices of the collaboration of the different entities involved.

The "heartfelt dedication" local officials had for the project was notable, Savarino said.

"I can’t say enough about working with the City of Batavia and the Batavia Development Corporation," Savarino said. "It’s quite unusual to have that level cooperation and to be working on the same side of the table with people like that."

Molino was pleased to hear the praise.

"That's what we're trying to say with the '$100 Million I'm All In' initiative," Molino said. "We want to give people the experience of great service. We want people to say, 'I can't imagine doing business anyplace other than the City of Batavia. His comment just reinforces what we're trying to say and do to make the experience great for people."

Four-year-old Layla Holbrook, with her mother Amanda, talks with a nurse about the care of her stuffed companion during the Teddy Bear Clinic at UMMC's Cary Hall facility today.

Preschool, kindergarteners and first-graders were able to attend the event with their favorite stuffed toy and learn about medical care through several interactive stations. After registration, the children went through the clinic set up to resemble hospital departments such as the emergency room, radiology and dietary. If necessary the “patient” received a bandage, cast or stitches. 

Many of the doctors and nurses were high school seniors from throughout the county enrolled in the Health Career Academy, a college-credit program that gives the seniors a chance to learn about every aspect of the healthcare career field.

Also participating were staff from UMMC, members of the United Memorial League, United Memorial Guild and Mercy EMS.

Logan McAndrews was watching a doctor give stitches to a friend's stuffed dinosaur.

Amy Miller talks about a hospital bed and a stay at a hospital.

Automotive techs are in demand and the demand is growing, according to Peter DeLacy, owner of DeLacy Ford in East Aurora, which is why the WNY Ford Dealers started a program three years ago to donate cars with "real world" experience to local high schools.

The goal is to help and encourage high school students with an interest in auto repair to stick with it as a career choice and gain valuable experience working on cars with some of the last technological advancements.

"They're often working on 15-year-old cars and there isn't much interest in working on cars that don't have the latest technology," DeLacy said.

Yesterday, the dealers donated at 2014 Ford Fusion to the automotive shop at BOCES.

"We rely on donations like this in order for our kids to get the best training possible so that when they leave school, they can go right out to the workforce and do the best they can," said BOCES in Batavia Principal Jon Sanfratello (speaking at the podium in the photo above).

The dealers pool their resources to acquire cars from Ford Credit that have come out of the lease program. Delacy said auto teachers want cars with some mileage on them and in need of some maintenance, not brand-new cars, for their students to work on. Once the dealers have ensured all auto shop programs in the region have cars, they will start a three- or four-year rotation process of providing newer slightly used vehicles to the schools so students always have close to the latest technology at their fingertips.

There isn't much about a Ford or a GM or a Toyota that is so proprietary that a student can't learn a broad range of applicable skills, regardless of which car it is, Delacy said. Many car components, and the technology today that enables and manages them, are built to government-mandated specifications, so when a tech hooks up a diagnostic computer to a car, the readout is the same regardless of the make or model.

"The diagnostic codes, how you access the primary powertrain control module, how you do all of these things is pretty much the same for all manufacturers," Delacy said.

The goal for the Ford dealers, of course, is to ensure as many young techs come out of high school and two years of college with an interest in working at Ford dealerships, but as long as there are more techs in the market, it's better for everybody.

"The technicians we have now, they’ve put their time in and they want to retire," Delacy said. "There’s not a big pool of talent to choose from, so knowing that the Ford dealers of Western New York, including myself, decided to ask, ‘where do we get technicians? How do we get them interested?’ Because a lot of people don’t want to get into that. They want to be other things and this is a very good pay program when you get into the dealership level."

It's a good career choice, Delacy said, because it's stable, it pays well and dealership jobs are good jobs, and since the only college required is couple of years at a community college, so the career makes sense financially.

"The great part is it's not a huge investment," Delacy said. "They don't have student loans to pay for five or 10 years. They’re out in the real world, earning real money, keeping their money and investing it, so we’re on the ground floor of great opportunity, allowing students to get a good education and they’re ready to go when they get out of college and they don’t have a huge debt load, so it’s a win-win-win for everybody."

Jury selection will take place Friday for the trial of a convicted child predator who is facing possible life in prison if convicted of new sexual assault charges.

Marlek E. Holmes will be tried on several charges, including two Class A felonies, predatory sexual assault and predatory sexual assault against a child.

The 42-year-old Holmes was arrested in the fall and has been held without bail because of the potential life term and his five prior felony convictions, including two violent felonies, and five prior violations of terms of probation.

While in custody, he also allegedly damaged jail property and was charged with criminal mischief. 

The Level 3 sex offender, who has also been accused of failure to register a change of address, was in court today for a pre-trial hearing where Judge Charles Zambito discussed with the attorneys a motion by defense attorney Fred Rarick to gain access to documents from another court proceeding. The documents are sealed by court order.

Zambito said he isn't convinced that Rarick has a legal right to the documents, especially to use them in the manner he intends to use them.

Rarick said he doesn't intend to introduce any of the actual documents as evidence, but would use the information gleaned from them during cross-examination of a witness.

Rarick also moved to have two charges dismissed since they are included and concurrent with other charges. Zambito said he motion was premature and he would reserve judgment until the appropriate time during the proceedings.

The trial is expected to begin Monday with witnesses being called through Wednesday.

The NY Thruway reported to dispatch that someone spotted a car off the roadway into a pond in the area of 3323 Harloff Road, Batavia. Town of Batavia East Pembroke fire is dispatched.

"It is in a very wet area of the swamp," by the Thruway, which is the easiest route to access the vehicle.

"It's not totally submerged..." says a first responder.

Press release:

The Genesee County Economic Development Center (GCEDC) and the Gateway Local Development Corporation (GGLDC) Board of Directors will consider taking action on three projects at its meeting on May 4 in the Innovation Zone board room on 99 Medtech Drive, Batavia, starting at 4 p.m.

The Board will vote on whether to approve incentives to Genesee Valley Transportation for the proposed expansion of the company’s cross dock facility. The $1 million capital investment will expand the facility from 25,000 square feet to 37,160 square feet in order to meet increased customer demand. The estimated amount of incentives is $142,138 and for every $1 of public benefit the company is investing $4 into the local and regional economy.

Two companies are seeking to tap into the GGLDC’s revolving loan program. Batavia Brewing Company, located in the renovated Newberry building in Downtown Batavia, is requesting a $150,000 loan to rehabilitate the second and third floors for high-end apartments as part of a $2.6 million project. The basement will be converted into a brewing room and a bar and restaurant and space for FreshLAB tenants are planned for the first floor.

Liberti, Valvo & Associate LLC, a manufacturers' sales representative agency that specializes in quality safety and utility products in markets in New York, New England, the Mid-Atlantic and Ontario, Canada, is seeking a $50,000 loan for a $275,000 business project.

The GCEDC Board meeting is open to the public.