Brandi Elizabeth Schmiedicker, 24, of Genesee Street, Corfu, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely. Schmiedicker was charged following an investigation into a motor-vehicle accident by Deputy Mathew Clor that was reported at 1:14 a.m. today on Genesee Street, Darien.
As a result of a series of statewide regional forums hosted by members of the Assembly Republican Conference, Assemblyman Steve Hawley (R,C,I-Batavia) today spoke at a press conference in Albany on legislative solutions to combat domestic violence. The full report and all its recommendations have been made public.
The full report, A Safe Haven: Helping Abuse Victims and Enhancing Protections, can be found here.
“Domestic violence is a grave issue that has irrevocable consequences for families and society as a whole,” Hawley said. “I had the opportunity to host one of our conference’s forums in Batavia, and the testimony and information we received was both concerning and valuable.
"This is a complex issue, but after talking with law enforcement, advocates, victims and those on the frontlines around the state, I believe these recommendations will go very far in preventing domestic violence and helping victims feel safe again.”
Some of the recommendations outlined in the report include:
Press release:
Assemblyman Steve Hawley (R,C,I-Batavia) today announced $5.5 million is now available to farmers and agricultural producers as part of two new grant programs. The awards are aimed toward farmland conservation, assisting farmers in identifying available land and ensuring that arable land is permanently protected from development and nonfarm uses.
“Farming is one of the cornerstones of our community and extremely important to our local economy, traditions and way of life,” Hawley said. “Too often, farmers lose the ability to work the land due to environmental concerns or development, and these new grants will help protect our producers and ensure that family farms remain family businesses. I remain committed to giving our farmers a voice in Albany, and I look forward to advocating their concerns as we progress through this year’s session.”
More information can be found on the state’s Agriculture and Markets site and interested applicants can access grant information here. Applications will be processed until all funding for the program has been exhausted.
Hawley is the former owner/operator of Hawley Farms in Batavia and sits on the Assembly’s Agriculture Committee.
Genesee County's unemployment rate grew to 5.3 percent from 4.9 percent in December of last year.
The increase fits the trends for Western New York. Rochester's rate went from 4.7 percent to 5.0 percent. Buffalo rose from 5.1 percent to 5.5 percent.
The rate for the GLOW region went from 5.4 percent to 5.5 percent.
There are 600 more people in Genesee County's labor force than a year ago.
The state's rate decreased from 4.7 percent to 4.6 percent.
The nation's unemployment rate is 4.1 percent.
Monday night is training night for most volunteer fire departments but last night in East Pembroke it was gear inspection night.
For the first time, the annual inspection was conducted in the department's new $3.5 million fire hall.
East Pembroke isn't running calls out of the hall yet. They're not quite settled in. The Internet was just hooked up today. The emergency radio has yet to be installed. And there is a lot of equipment yet to move over from the old hall. Chief Don Newton expects the new hall to be in service in about three weeks.
The department will host an open house in the early spring.
Gear inspection is all about ensuring there are no holes, tears or worn spots in any of the three layers of a firefighter's suit that provides thermal protection.
Newton explained that East Pembroke buys three sets of gear -- boots, hat, jacket, pants and gloves -- every year. That's an annual cost of up to $17,000.
But it's got to be done. Worn and damaged gear is a danger to firefighters and state regulations require interior firefighters to use gear that is less than 10 years old.
East Pembroke is starting to rotate interior gear every eight years. That leaves two years of life left on the old gear. It can by used by new volunteers while they go through training and it provides back up gear for a firefighter who might wind up with damaged gear before new gear is purchased.
Monday, members also brought in their Class A uniforms for inspection and inventory.
An example of a hole torn in a layer of thermal protection. This suit was being taken out of service.
The new hall has six bays, with two additional backdoors. Those two longer bays can potentially hold two trucks, giving the hall the capability of parking eight trucks.
A caller reports finding an intruder in his apartment on Main Street in Oakfield.
The subject ran from the apartment.
He's described as a white male wearing a black T-shirt and baseball hat. Unknown direction of travel.
Troopers are responding.
Press release:
Darien Lake Theme Park’s 2018 season will feature two unique, thrilling performers, Magical Entertainer Aaron Radatz and Hypnotist Tammy Barton, as part of the amusement park’s free in-park entertainment lineup.
Dubbed “the magical entertainer to see” by Time Magazine, Radatz started performing at the young age of 6 and quickly turned his grandmother's gift of a magic set into a full-time hobby. Today, Radatz is the newest star to hit the magic entertainment scene. He has studied with many of the masters of magic including Harry Blackstone (Jr.) and recently completed his first 6-month run headlining a casino on the Las Vegas strip. He is also a featured magician on the CW Network’s global sensation TV series “Masters of Illusion.”
Radatz is also the only magician who has been commissioned by the U.S. Pentagon for a command performance for the U.S. military. His dedication to the troops has earned him awards, including such high honors as the Commander’s Coin of Excellence and the Scroll of Appreciation of Honor and Admiration.
Barton has been performing as a professional stage hypnotist since 1993. She began her career working with her parents, both of whom are certified hypno-therapists. She quickly realized that hypnosis performed correctly could be both entertaining and educational at the same time, and could allow her to obtain any goal she set for herself.
In every show, Barton selects willing volunteers from the audience and then puts them into a state of hypnosis. She then guides them though a journey of the mind in which the volunteers act on suggestions she provides. Only the imagination of her volunteers will limit their journey.
Radatz and Barton both performed during the 2012 season and the park is thrilled to welcome them back this year.
“These daily in-park shows are high-quality family-friendly entertainment for all of our guests,” said Chris Thorpe, Darien Lake general manager. “Both Tammy Barton and Aaron Radatz are thrilling, unique performers and we are excited to welcome them back to the Darien Lake for what promises to be a wonderful summer.”
Also returning in 2018 is Ignite the Night, Darien Lake’s nightly laser extravaganza. Music, water, fire, video and pyrotechnics all come together for this laser light spectacular in the air, on the stage and all around, which runs beginning in late May through Labor Day Weekend.
For more information about the park or to purchase a season pass, visit DarienLake.com.
Anthony L. Miraglia, 18, of Byron, is charged with sexual abuse, 3rd, unlawful imprisonment, 2nd, forcible touching, and endangering the welfare of a child. State Police Bureau of Criminal Investigations investigated multiple reported incidents in Genesee County from May 2016 to July 2017. The victims ranged in age from 15 to 17 at the time of the alleged incidents. Miraglia was released on his own recognizance. Investigators believe there may be other possible victims. Anybody with information is asked to contact the State Police at (585) 344-6200.
Winston Ashton Lockhart Sr., 22, of Hutchins Street, Batavia, is charged with assault, 3rd, aggravated criminal contempt, criminal mischief, burglary, and strangulation, 2nd. At 1:39 p.m., Jan. 16, officers were dispatched to a residence no Holland Avenue to investigating a complaint that Lockhart had violated an order of protection. Upon further investigation, officers determined Lockhart allegedly committed numerous crimes and had left the scene. Lockhart was located at the Genesee County Courthouse and placed under arrest. He was jailed without bail.
Matthew Wesolowski, 23, of Burrough Road, Cowlesville, is charged with aggravated unlicensed operation, unregistered motor vehicle, and unlawful possession of marijuana. Wesolowski was stopped at 9:17 a.m. Thursday on Liberty Street by Officer James Prusak.
Michael D. Smith, 18, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and inadequate headlights. Smith was stopped at 9:01 p.m. Jan. 16 on West Main Street, Batavia, by Sgt. Chris Camp.
Jaequele M. Tomlin, 23, of Central Avenue, Batavia, is charged with criminal mischief, 4th, and assault, 3rd. Jaequele allegedly attacked another person and damaged property belonging to that person in an incident reported at 11:14 a.m. Saturday. Tomlin is being held in the Genesee County Jail.
Kurt M. Golata, 37, of Oakfield, is charged with harassment, 2nd. Golata was arrested by State Police in relation to an incident reported at 5:50 p.m. Monday in Oakfield. No further details released.
The prospect of keeping professional baseball at Dwyer Stadium is looking brighter after the Batavia City Council unanimously passed a resolution authorizing the assignment of the Dwyer Stadium lease to the New York-Penn League and its wholly owned subsidiary, Batavia Muckdogs Inc.
The NY-P has decided to step in and run the Short Season Class A team, which had been operated by the Rochester Red Wings for the past decade. The league ended the agreement between Rochester and the Genesee County Baseball Club Inc., in November.
“We had several conversations (with NY-P officials) in late fall, and they expressed a desire to stay in Batavia for 2018,” City Attorney George Van Nest said at tonight’s meeting at City Centre Council Chambers.
Van Nest said the issue of extending the lease and sublease is time sensitive since the NY-P hopes to begin assessing Dwyer Stadium later this month. He said the all terms of the current lease will remain the same – removing the GCBC from the lease -- and the extension will be in force through April 2019.
Councilwoman Rose Mary Christian noted that the Red Wings “removed their equipment,” inferring there could be additional City expense above and beyond the $25,000 it contributes to the stadium on an annual basis.
Van Nest said NY-P officials talked about improvements to the facility.
It also is believed that pre-existing agreements for local high schools to use Dwyer Stadium will continue. It is unclear if the NY-P will supply its own staff or use local employees, including longtime groundskeeper Don Rock, who attended tonight’s meeting.
In other action, Council:
-- Agreed to consider leasing three City-owned City Centre Mall parcels (known as the Dent property) to the Batavia Players theater troupe, but expressed concerns about the rent schedule, square footage and the ability to sell the parcels if desired.
Christian questioned Patrick Burk, Batavia Players president, about the number of employees, wages, volunteers and hours invested into their productions. Burk said there are 15 to 20 part-time employees throughout the year at their current location of 56 Harvester Ave., some who receive stipends that pay them “more than minimum wage in some cases.”
But Christian said she had a “problem with leasing any parts of the mall.”
“I want to totally get out of the mall,” she said. “I have a problem with nonprofits not paying property taxes.”
The lease agreement calls for monthly rent charges of $747.92 for months one through six ($1 per square foot), $1,223.86 for months seven through 12 ($3 per square foot), and $2,991.66 for months 13 through 60 ($4 per square foot). It also allows the City to sell the property, with 180 days’ notice. By multiplying the initial rent times 12, that comes to 8,975 square feet that the City would be leasing to the Batavia Players.
Councilman Robert Bialkowski said he found a discrepancy in the square footage, and asked if the City would end up subsidizing part of the maintenance fees.
Van Nest said he and Interim City Manager Matt Worth would look into the fees and square footage and provide that information to Council prior to the Feb. 12 Business meeting.
Council members John Canale and Patti Pacino spoke on behalf of Batavia Players, with Canale calling the organization “a pillar of the community” that would draw much activity to downtown.
“Plus, with the DRI (Downtown Revitalization Initiative award that the City received), part of it is to get the arts to the downtown area,” he said.
Burk said the Batavia Players are seeking more than $500,000 from the City's $10 million DRI award to fund most of the organization's relocation project.
Pacino urged her colleagues to “please put feet on the street downtown” by leasing space to Batavia Players.
In the end, Council voted to move the proposal to the Feb. 12 meeting contingent upon an accurate count of the square footage to be leased.
-- Moved resolutions concerning the 2018-19 budget, water rate changes, Business Improvement District plan and City Centre concourse user fee local law amendments (see preview story below) to the Feb. 12 Business meeting.
-- Agreed to consider a contract with In Site: Architecture LLP, of Perry, to assess the deteriorating condition of the pillars at the north entrance of Redfield Parkway, and conduct design work as required related to lighting, preparation of bid documents, construction specifications, bidding coordination and construction administration at a cost of $4,860.
Worth said In Site: Architecture has an outstanding track record of historic work, and called its bid a “soup to nuts proposal.”
Earlier, Council heard from city resident John Roach, who asked that if it was possible to create a special use taxing district – likely consisting of residents on or near Redfield Parkway -- to pay for the repairs.
“The study will cost $4,800 and it may take $17,000 to fix them (the pillars),” he said. (A special taxing district) would raise money to pay for the pillars without irritating the rest of us.”
Worth and Van Nest said they will look into that.
Batavia City Council members voiced their support of Habitat for Humanity of Genesee County tonight as they agreed to consider a proposal to back to a building project in the flood zone on the City’s south side.
“Habitat for Humanity does an outstanding job, and the best thing about this project is that it’s going to be in the Sixth Ward,” said Councilwoman Rose Mary Christian, who represents residents of that district.
Habitat for Humanity leaders are seeking a $17,395 grant from the City to cover engineering and architectural costs to design a flood-compliant home at 116 Swan St.
Mike Fahey, Habitat for Humanity board president, said the funds are needed because the property is in the 100-year flood zone – and a complete demolition of the existing home is the only way the organization can make the project work.
“Habitat, about a year ago, acquired the property and we were not aware at that time that it was actually in the flood plain,” Fahey said following the Council meeting. “Because of that, we are required to meet FEMA (Federal Emergency Management Agency) requirements to have the property acceptable to everyone, and to make sure that flood insurance can be obtained on the property at a reasonable cost to the homeowner.”
Calling it a “unique challenge” (as it is the first Habitat project in the City’s floodplain), Fahey said it also presents an opportunity “because we’ve always been concerned that the south side of the City of Batavia has not been usable for Habitat or allowed us to go in there and look at home sites because of the floodplain problem.”
The proposal before Council calls for the City to take money from the former Vibrant Batavia fund (there is $48,000 left) – paying half to Habitat when the building permit is obtained and half when there is a certificate of occupancy.
Matt Worth, interim city manager, said that the engineering and architectural design study would become “a blueprint for future (Habitat) homes.”
Fahey said that the design work would be the “property” of Habitat for Humanity, but the group would be willing “to use those plans on any property in the City needing FEMA requirement.”
The total cost of the project is $104,000, an amount that “would be too much for a homeowner,” Fahey said.
“It would exceed any mortgage that they could comfortably handle. So we’re asking for some money to offset the cost to Habitat for the engineering,” he said.
Fahey said the property is in terrible condition and has to be demolished.
“We attempted to see if we could elevate the property, but it’s structurally unsound so that is an additional cost that Habitat, itself, is going to accrue,” he said. “That will not be handed off to the homeowner.”
He said that the structure is only about two-tenths of a foot below the floodplain, but still has to come down in order to meet FEMA regulations.
“The concrete slab has to be engineered in such a way so that if there is a flood, the water can escape from the building and not cause any future damage,” he said.
“Once we bring the building – the new build – to FEMA compliant, that reduces the cost of the flood insurance by two-thirds. Flood insurance will still have to be obtained for the property, but at a much more reasonable cost.”
City Council moved the resolution to its Business meeting on Feb. 12.
The post-Jason Molino era for the City of Batavia gets under way tonight with City Council taking on a packed agenda that includes four budget resolutions requiring public hearings, the Redfield Parkway pillars, Healthy Schools sidewalk project, Habitat for Humanity’s proposal to build a home in the flood zone, leasing City Centre Mall space to Batavia Players and a Dwyer Stadium sub-lease with the New York-Penn League to operate the Batavia Muckdogs baseball team.
The Council’s Conference meeting, which is expected to be followed by a special business meeting to address the Dwyer Stadium issue, is scheduled for 7 o’clock at the City Centre Council Board Room.
Summaries of the planned discussions are as follows:
Budget resolutions with public hearings
Interim City Manager Matthew Worth is introducing resolutions that deal with the proposed budget ordinance, water rate changes, Business Improvement District plan and City Centre concourse user fee local law amendments. His proposal requests that these topics be acted upon at the Feb. 12 Business Meeting, with public hearings set for Feb. 26.
The 2018-19 budget calls for $5,249,947 to be raised by taxes, with previous reports indicating that the tax rate is expected to decrease by 3 percent – to $8.99 per $1,000 of assessed value. Total expenditures are $24.3 million (an increase of 1.9 percent).
Water rates will go up by 3.5 percent, with slightly higher increases in meter and capital improvement fees. There is no increase proposed for the sewer rate.
Since the BID plan has not been updated since 2005, the City proposes amendments that include a change in the district assessment charge to properly reflect operations, capital accounting for surplus funds, compliance with Open Meetings Law and Freedom of Information Law, and other budgetary compliance reporting.
The City Centre Concourse user fee proposal sets costs to Mall business owners at $2 per square foot, effective April 1, 2018 through March 31, 2021, and going up to $2.04 in 2021-22 and $2.06 in 2022-23.
Redfield Parkway pillars
City officials reached out to In Site: Architecture LLP, of Perry, to address the deteriorating condition of the pillars at the north entrance of Redfield Parkway.
The firm came back with a proposal to investigate the existing conditions, conduct design work as required related to lighting, preparation of bid documents, construction specifications, bidding coordination and construction administration at a cost of $4,860.
Council will be asked to appropriate the funds, contingent upon receiving a construction cost estimate prior to bidding the project.
Healthy Schools sidewalk project
Worth is reporting that Roman Construction Development Corp. of North Tonawanda has offered the low bid of $721,566 to complete construction of 12,300 linear feet of sideway in the City as part of the Healthy Schools Corridor Project.
Seventy-five percent of the project cost will be paid by the Federal Highway Administration and 25 percent will be paid from City sidewalk reserves and Consolidated Local Street and Highway Improvement Program (CHIPS), Worth said.
Habitat for Humanity’s proposal
Habitat for Humanity is looking to renovate and restore a home at 116 Swan St., property that was transferred by the City to the organization. However, this is the first property to be transferred that is in the 100-year flood zone, resulting in additional costs.
According to Lauren Casey, Habitat for Humanity executive director, the cost to demolish the existing structure and build a new home is $104,000, including $17,395 for engineering and architectural costs to design a flood-compliant home.
In a memo from Molino dated Jan. 11 (the day before his last day on the job), Council will be asked to cover the $17,395, utilizing some of the $48,000 remaining from the former Vibrant Batavia initiative. Molino said that the engineering/architectural information could be used for future new builds in the City.
Batavia Players lease
A lease agreement with Batavia Players Inc. to utilize three City Centre parcels for their productions calls for monthly rent charges of $747.92 for months one through six ($1 per square foot), $1,223.86 for months seven through 12 ($3 per square foot), and $2,991.66 for months 13 through 60 ($4 per square foot).
In a memo, Worth writes that relocation of the theater to the downtown area has been identified in the City’s 2012 Community Improvement Plan and 2017 Comprehensive Plan, and is under consideration in the City’s Downtown Revitalization Initiative application.
The lease agreement gives the City the right to terminate it upon 180 days’ notice and allows the City to sell the property as it sees fit.
Sublease of Dwyer Stadium to NY-P
With the Rochester Community Baseball organization (Rochester Red Wings) out of the picture, the New York-Penn League has assumed ownership of the Batavia Muckdogs.
According to Worth, the NY-P is agreeable to operating the team at Dwyer Stadium under the terms and conditions of the previous sublease to the Batavia Regional Recreation Corporation and Genesee County Baseball Club Inc. and declaration to the Rochester Community Baseball for the coming season.
Worth, in a memo dated Jan. 19, said that the league has been made aware of the proposed budget and funds that may be available for improvements and “have an understanding of these limitations.”
County Court should have been filled with prospective jurors this morning, ready to be considered for a seat in the jury box in the trial of the People vs. Marlek Holmes on a charge that he failed to register a change of change of address in 2016.
Instead, the courtroom was empty while County Court Judge Charles Zambito, District Attorney Lawrence Friedman, and Fred Rarick, representing Holmes, met in chambers.
When they came out, all Friedman said he could say was that the jury selection would not start today because Holmes was not transported from Wende Auburn Correctional Facility where he is currently being held. Friedman said he could not discuss why Holmes was not transported.
The court will try to start the trial tomorrow, and if it doesn't, officials will try again on Wednesday.
Friedman said that if the trial doesn't start by Wednesday, it's too late for this week.
There is also a hearing scheduled for tomorrow on whether Holmes qualifies as a persistent violent felony offender for the purpose of sentencing on his jury trial conviction on two counts of assault in the second degree and criminal mischief. Holmes assaulted a fellow inmate at the Genesee County Jail.
For that hearing to proceed, Holmes will need to be present.
Holmes, 43, is already serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction.
He was already a registered Level 3 sex offender.
Last week, Holmes was in court and reportedly used profanity during the proceedings.
In his appearance before that, Holmes sought a delay in his trial, because, he said, being in transit between prisons meant he didn't have access to all of his paperwork and to a law library. Zambito denied the request.
CORRECTION: Holmes is currently being held at Auburn. He was scheduled to be transferred to Wende during the trial.
Shannon Marie Denison, 34, of Colony Run, Attica, is charged with petit larceny. Denison is accused of shoplifting from an undisclosed location on Veterans Memorial Drive.
Nicholas Christian Doell, 27, of Lippold Road, Darien, is charged with criminal contempt, 2nd. Doell allegedly violated a stay away order of protection at 3:20 p.m. Sunday.
James Courtney Presley, 35, of Frances Street, Rochester, is charged with aggravated unlicensed operation, no tail lamps, and driver's view obstructed. Presley was stopped at 10:10 p.m. Wednesday. He was jailed on $250 bail or $2,500 bond.
Kenneth D. Barnhardt, 51, of Mt. Morris, is charged with unlawful possession of marijuana and speeding. Barnhardt was stopped at 3:52 p.m. Saturday on Route 33 in Stafford by State Police.
Carl T. Amesbury, 25, of East Bethany, is charged with petit larceny. Amesbury is accused of shoplifting from a location in the Town of Batavia. He was arrested by State Police. No further details released.
NPR Planet Money: The Case for Earmarks
Perfect games by Brandon Marshall of Churchville and Curtis Foss of Medina highlighted last week's league bowling action in the Genesee Region.
Marshall, 28, fired his 300 game in a 704 series in the G&W Vending League at Rose Garden Bowl in Bergen, while Foss, 30, posted his en route to a 761 series in the Friday Night Mixers League at Oak Orchard Bowl in Albion.
For a long list of high scores and to read Mike Pettinella's Pin Points column, click on the Pin Points tab at the top of this page.
Press release:
The Village of Alexander will be hosting a public meeting at 7 p.m. Thursday, Feb 1, at the Alexander Rec Hall. The purpose of this meeting is to inform the public about plans for the possible replacement of the entire village water system.
Anyone receiving water from the Village of Alexander is encouraged to attend.
The Rec Hall is located at 10708 Alexander Road (Route 98), Attica.
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