A bail hearing in City Court today was continued to Aug. 4 for a man accused of having sexual contact with a mentality disabled family member because the suspect declined a bail evaluation interview with Genesee Justice.

Assistant Public Defender Lisa Kroemer explained to Judge Robert Balbick that her client, Eric Watson, declined the interview because he didn't understand the purpose or know anything about Genesee Justice.

Genesee Justice is a county agency that provides supervisory services on behalf of the court as well as assistance to crime victims.  One of the tasks of staff at Genesee Justice is complete a bail evaluation, which a judge can use to set an appropriate amount of bail for each defendant. The scoring system is intended to help judges determine the likelihood a defendant will make it to future court appearances.

Rather than set bail today for Watson, without that information, Balbick continued the case to the next available court date.

Watson is in custody and entered the courtroom dress in an orange jail uniform, moving slowing and balancing with a walker. As he approached the bench, Kroemer told him, "take your time, Mr. Watson."

Watson is accused of having sexual contact with a family member who was unable to consent due to mental incapacity to provide consent.

He is charged with second-degree rape, second-degree criminal sexual act, and second-degree incest.

Press release:

Farmers Market coupons will be distributed by the Genesee County Office for the Aging at the Le Roy Farmers Market from 10 a.m. to noon Saturday, July 23. Booklets are available to adults age 60 years and older who are income-eligible. Proof of age must be provided.

Income guidelines are as follows: household of one -- $1,832 per month; household of two -- $2,470 per month; and, household of three -- $3,108 per month.

Maureen Estabrooks, Office for the Aging’s coordinator for the program, noted that, “We were pleased to find out that this year anyone 60 or older in a household may receive a coupon booklet as long as they are income eligible. This means that in a qualifying household, multiple individuals may receive booklets. This program is a wonderful way to help older adults with limited income to purchase healthy fresh produce from our local farmers.”

Questions may be directed to the Genesee County Office for the Aging at 585-343-1611.

(UPDATED 2:30 p.m.: Farmers Market Coupons will be distributed by the Genesee County Office for the Aging at the Genesee Country Farmers Market at Bank Street and Alva Place from 10 a.m. to noon on Friday, Aug. 5^th.)

PLEASE CLICK HERE TO PRINT COUPONS.
To participate, please download the Pokemon Go game from the App Store or from Google Play.

Statement from the board of directors for LCCP:

After 18 years of providing after-school programs in our community, the Le Roy Christian Community Project is sad to announce that as of September 2016, we will not reopen our After School Program, Teen Drop-In Center or Summer Day Camp.

The Le Roy Christian Community Project will continue to operate the Backpack Program and Grace’s Kitchen.

We are so grateful for the support that the community has shown us and for the families and children that we were blessed to work with throughout the years.

Thank you to Susan Wakefield and Jana Pritchett for 18 years of dedication to these programs. We are proud of our staff for providing quality after-school enrichment programs that have served this community for a very long time.

Thank you for your past support of our programs for the youth of our community and your ongoing support of our remaining programs.

Water service has been shut off by the City of Batavia Water Department to businesses on Industrial Boulevard, Apollo Drive and Treadeasy Way.

Crews are repairing a water leak.

There is no ETA for when service will be restored.

A pair of kitchen personnel and a corrections officer at the Buffalo Federal Detention Facility in Batavia have been placed on leave after they were accused of feeding chicken picked from the garbage to Muslim detainees for their Ramadan meals.

The three workers are facing possible termination and the case has been referred to the Inspector General of Homeland Security.

In a statement, a spokesman for Immigration and Customs Enforcement said, “The agency takes all allegations of employee misconduct very seriously and will respond appropriately based on the investigative findings.”

The investigation is ongoing and no conclusive findings have been released. The names of the employees have not been released.

Via our news partner WBTA.

The Batavia Town Board on Wednesday night approved payment of additional expenses for work on the Townline Water Project and for engineering services for the Townline and Pratt Road water districts and the West Main Street Road Sewer District.

In unanimous votes, the board:

-- Agreed to pay a $47,680 change order submitted by Sergi Construction of East Aurora, which previously had won a bid for a $2.4 million contract for the construction of approximately 107,000 linear feet of 8-inch and 12-inch water main, valves, hydrants and related equipment along various roads in the towns of Batavia, Oakfield, Elba and Stafford.

The added funds were needed to cover the cost of furnishing and installing new 8-inch waterline with two hydrants and service, and the installation of 2-inch PVC at the Genesee County Fire Training Center on State Street Road.

-- Authorized payment of $16,061 to Visone Construction of Depew, which previously was awarded a $3 million contract for the same Townline Water Project. The increase was needed to cover the cost for new connections along Oak Orchard Road to the Village of Elba, and for an emergency water main break in Elba two months ago.

-- Approved payments to Clark Patterson Lee for additional design and construction inspection services for the Townline Water District ($66,900), the Pratt Road Water District ($9,600), and the West Main Street Road Sewer District ($21,000).

The board also OK'd a couple of resolutions in connection with sanitary sewer service with Western Regional Off-Track Betting Corp.

One of them was an amendment to a sewer service agreement that calls for WROTB to pay for construction of an extension of a sanitary sewer service line if requested by the Town, based upon requirements of future need or development; and the other was a resolution granting the Town of Batavia an easement from WROTB to maintain the sanitary sewer located on the east side of Batavia Downs Gaming and any future extension up to the south end of Richmond Avenue.

Today, the YMCA replaced all of its treadmills as part of a plan that rotates in new machines every year.

Since the treadmills tend to wear faster, its more cost effective to lease, rather than own, the treadmills, explained CEO Rob Walker.  

The Y will make approximately $100,000 in lease payments on the machines over the next three years.

The Holland Land Office Museum's annual summer program, History Heroes, is in its second day of the eight-day schedule and today the children participating walked from the museum to Ken's Charcoal Pits for lunch and then to the Batavia Cemetery.

According to Anne Marie Starowitz, the students learned about some of the famous people buried at the cemetery, including members of the Richmond family, Joesph Ellicott and Philemon Tracy, and also visited the William Morgan monument.

Keith A. Wilkinson Jr., 61, of Quarry Hill Estates, Akron, is charged with: second-degree reckless endangerment; fourth-degree criminal mischief; and discharging a firearm within 500 feet of a dwelling. He was arrested after a joint investigation was completed concerning an incident which occurred at 7:35 p.m. on Nov. 21 at 315 Bank St., Batavia. Investigators from the Batavia Police Department and the NYS Environmental Conservation Police determined that Wilkinson did discharge a firearm within 500 feet of an occupied dwelling at that time. They determined the bullet did strike a home located within the City of Batavia. Wilkinson was due in City Court July 19 to answer the charges. PO Ivison and ECO Wilson were the primary investigating officers in the case, according to the report of Batavia Police Officer Frank Klimjack.

Ronnie W. Engelhardt, 27, of Liberty Street, Batavia, is charged with fourth-degree criminal facilitation, sixth-degree conspiracy, and third-degree false report of an incident. Engelhardt was arrested at 7 p.m. on June 1 and charged due to his alleged part in the false report of a motor-vehicle theft on East Main Street in Batavia in 2014. He was issued an appearance ticket for City Court on July 12 and then released. The case was handled by Batavia Police Officer Thad Mart.

David T. Neuhaus, 29, of Willow Street, Batavia, is charged with fourth-degree criminal facilitation, sixth-degree conspiracy, and third-degree false report of an incident. Engelhardt was arrested at 7 p.m. on June 1 and charged due to his alleged part in the false report of a motor-vehicle theft on East Main Street in Batavia in 2014. He was issued an appearance ticket for City Court on July 12 and then released. The case was handled by Batavia Police Officer Thad Mart.

Justin R. Shaffer, 29, of Gardeau Road, Perry, is charged with fourth-degree criminal facilitation, sixth-degree conspiracy, and third-degree false report of an incident. Engelhardt was arrested at 7 p.m. on June 1 and charged due to his alleged part in the false report of a motor-vehicle theft on East Main Street in Batavia in 2014. He was issued an appearance ticket for City Court on July 12 and then released. The case was handled by Batavia Police Officer Thad Mart.

Paul M. Wieclaw II, 27, of Norton Road, Elba, is charged with first-degree criminal contempt and second-degree burglary. He was arrested on a Batavia City Court Arrest Warrant and jailed without bail. The case stems from an incident which occurred at 1 a.m. July 8 on Ellicott Street, Batavia. He is was due in court today. The case was handled by Batavia Police Officer Stephen Cronmiller.

Jon N. Roblee, 40, of Pearl Street, Batavia, is charged with second-degree harassment. He was arrested after he allegedly had an argument with a coworker at Bob Evans Restaurant on Oak Street in Batavia and threw an item at her. The incident was reported at 7:30 p.m. on July 7. He is due in City Court on July 26. The case was handled by Batavia Police Officer Christopher Lindsay.

John R. Sherman Sr., 38, of Elm Street, Batavia, is charged with second-degree harassment -- physical contact. He was arrested at 5:45 a.m. on July 11 on Elm Street after allegedly pushing another person during a domestic incident. He was jailed on $750 bail. He was due back in court later that afternoon (July 11). The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Matthew Lutey.

Gina Lynn Avino, 41, of Haven Lane, Batavia, is charged with second-degree obstructing governmental adminstration and second-degree harassment. At 2:09 a.m. on July 19 Avion was arrested on Haven Lane on these charges. It is alleged that during the investigation of a domestic incident, she pushed a City Police Officer who was assisting a Sheriff's Deputy on the call. She was arraigned in Town of Batavia Court and released under supervision of Genesee Justice. She is due in Batavia Town Court on Aug. 22. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

Rachellyn G. Burek, 34, of Main Street, Attica, is charged with second-degree criminal contempt. She was arrested due to an incident at 9:30 a.m. on June 9 on Summit Street in Batavia wherein she allegedly had contact with a party protected by an order of protection. She was issued an appearance ticket and is due in City Court Aug. 2 to answer the charge. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Christopher Lindsay.

Nicole A. Mickey, 26, of Colonial Boulevard, Batavia, is charged with felony DWI and speeding. At about 12:47 a.m. on July 10, Mickey was arrested on Richmond Avenue in Batavia as the result of a traffic stop. She was processed at BPD headquarters, fingerprinted and photographed at the jail and then issued itckets. She was due in City Court this morning. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Lutey.

Benjamin G. Evans IV, 27, of Dellinger Avenue, Batavia, is charged with criminal possession of stolen property in the fifth degree. He was arrested on July 11. It is alleged that Evans possessed a bicycle that he knew to be stolen. It was reported stolen at 9 p.m. July 6 on School Street in the city. Evans was issued an appearance ticket for City Court on July 19. The case was handled by Batavia Police Sgt. Christopher Camp, assisted by Officer Christopher Lindsay.

Jeremy M. Fairbanks, 38, of Maple Street, Batavia, is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 7th, and inadequate headlamps. He was arrested at 11:28 p.m. on July 4 on East Main Street in Batavia following a traffic stop. It is alleged that Fairbanks, who was the driver, possessed a quantity of marijuana and another controlled substance in the vehicle. He was due in City Court on July 19. The case has handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Jonathan C. Hoges, 34, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th. He was arrested at 11:29 p.m. on July 4 on East Main Street in Batavia following a traffic stop. It is alleged that Hoges, who was a passenger, possessed a controlled substance while in the vehicle. He was due in City Court on July 19. The case has handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Lonnie J. Ford III, 45, homeless, Batavia, is charged with public lewdness. He was arrested following an incident in Centennial Park at 6:06 p.m. on July 12 wherein he allegedly exposed himself and "urinated approximately on a tree." He was issued an appearance ticket for Aug. 2 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Melissa R. Piazza, 27, of State Street, Batavia, is charged with being in a public park after hours. She was arrested at 12:10 a.m. on July 14 for allegedly entering and remaining in Austin Park after the park was closed. Piazza allegedly remained in the park after being afford the opportunity to leave with only a warning. She was released on an appearance ticket for City Court on July 19. The case has handled by Batavia Police Officer Matthew Wojtaszczyk.

Priscilla M. Donahue, 38, of East Avenue, Albion, is charged with petit larceny. She was arrested after allegedly stealing property from Dollar General on East Main Street in Batavia at 4:09 p.m. on July 11. She was issued a computer-generated appearance ticket for City Court on Aug. 2. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Arick Perkins.

Benjamin Gove Evans IV, 27, of Dellinger Avenue, Batavia, is charged with petit larceny. He was arrested following the investigation into a bicycle that was stolen from outside the Richmond Memorial Library and was reported at 12:30 p.m. on July 9. He was due in City Court on July 19. The bicycle was recovered and returned to the rightful owner. The case was handled by Batavia Police Officer Jason Ivison. 

Michelle L. Misiak, 51, of Union Street, Batavia, is charged with second-degree criminal use of drug paraphernalia. She was arrested at 9:21 p.m. on June 14 following a NYS Parole home visit wherein she allegedly possessed drug paraphernalia. She was due in City Court on July 19. The case was handled by Batavia Police Officer Stephen Cronmiller.

A 17-year-old resident of Batavia was arrested on July 18 for allegedly stealing food and liquor out of a freezer on the front porch of a residence on Manhatten Avenue in the city at 5:40 p.m. on July 16. The youth is due in City Court on Aug. 2. The case was handled by Batavia Police Officer Christopher Lindsay.

A 17-year-old resident of Batavia was arrested at 1 p.m. on July 11 after allegedly found to be in possession of a marijuana pipe. The youth is due in City Court on Aug. 2. The case was handled by Batavia Police Officer James DeFreze.

Robert L. Carney, 24, of Walter Street, Buffalo, was arrested on July 15 after being located by the Genesee County Sheriff's Office at Darien Lake. He was found to have a bench warrant for failure to pay a fine out of City of Batavia and turned over to Batavia Police.. At the direction of City Court Judge Balbick, Carney was released and was due back in court on July 19. The case was handled by Batavia Police Officer Arick Perkins.

Press release:

The City of Batavia Board of Assessment Review currently has one position to fill. The term is a five-year term and will begin in October. The Batavia City Council is seeking a City resident who is interested in volunteering as a member of this committee and has knowledge of property values.

Residents interested in applying for this position can obtain a Committee/Board Volunteer Application from either the City Clerk’s Office or on the website at www.batavianewyork.com under Documents. The deadline to submit applications to the City Clerk’s Office is Aug. 15.

For further information, please contact the City Bureau of Assessment at 345-6301.

Photo (by Howard Owens): Tyler Jirovec with his Champion Market Steer.

Press release:

Thank you to everyone who supported 4-H at the 46th Annual Genesee County 4-H Market Animal Auction! On Thursday, July 14, market goats, lambs, steers and hogs which were raised and shown by local 4-H members were auctioned by William Kent, Inc., at the Genesee County Fair.

The Champion Market Goat was exhibited by Michael Ehrmentraut and purchased by HLW Acres of Attica. The Reserve Champion Market Goat was exhibited by Cody Ehrmentraut and purchased by Crossen’s Christmas Tree Farm of Basom.

The Champion Market Lamb was exhibited by Maisy Ross and purchased by Dave Reisdorf, Inc., of Batavia. The Reserve Champion Market Lamb was also exhibited by Maisy Ross and purchased by Ed Roggen of Basom.

The Champion Market Steer was exhibited by Tyler Jirovec and was purchased by Turnbull Heating and Air Conditioning of Batavia. The Reserve Champion Market Steer was exhibited by Becky Kron and purchased by Clyde’s Feed & Animal Center of Hamburg.

The Champion Market Hog was exhibited by Cole Carlson and was purchased by The Red Osier Landmark Restaurant of Stafford. The Reserve Champion Market Hog was exhibited by Caleb Carlson and was purchased by Dave Reisdorf, Inc., of Batavia.

The objective of the Genesee County 4-H Market Animal Program is for engaged 4-H youth to gain valuable life skills such as responsibility, goal setting, decision making, communication, record keeping and community service through learning the basic principles of research-based animal science/husbandry practices, quality assurance and marketing of their project through hands-on learning opportunities in a positive youth development environment.

Thank you to all bidders and buyers! The Genesee County 4-H Livestock Committee and 4-H club leaders would also like to extend a special thank you to William Kent and Family for 46 years of continued services and outstanding support of the 4-H Market Animal Program.

Previously: 4-H'ers display their hard work at Genesee County livestock auction

Three parcels of land situated west and north of the NYS Thruway are keys to the Town of Batavia's future development, Town Planning Board members said Tuesday night as they forwarded a recommendation to the Town Board to place them in the "priority" category of Genesee County's Smart Growth Plan.

Town planners unanimously voted in a favor of a motion by Paul Marchese to move these parcels which had been "reserved for development" -- 500 acres behind the current Town Hall on West Main Street Road, 100 acres near Wal-Mart on Veterans Memorial Drive, and 600 acres owned by Gordon Offhaus west of Route 98 and north of Federal Drive -- to "priority development area" status for Smart Growth.

"These areas meet the comprehensive plan and our outlook on development, and being part of the Smart Growth Plan eliminates obstacles (to potential developers) and streamlines the process," said Town Building Inspector Daniel Lang.

Lang provided details about the three parcels as follows:

-- Called "Townville" by the planning board as they work through their meetings, the parcel behind the Town Hall is earmarked for a "Town Center" -- a mixed-use, high-density development featuring commercial and residential structures, including town houses. Form-based building codes are being used and a design is already in place.

-- The area near Wal-Mart already has generated a "high volume" of interest from commercial developers, and is enhanced by the fact that a portion of that site is part of the Smart Growth Plan.

-- The Offhaus property has been designated as a Planned Business Development (PBD) area reserved for a large-scale project.

In other aciton, planners:

-- Approved a site plan review for a 3,000-square-foot addition to the transfer station operated by the Genesee ARC at 3785 West Main Street Road.

According to Paul Saskowski, ARC director of operations, the facility -- to be called The One-Stop -- will be modified to feature drive-thru service and will offer trash drop-off, recycling and a redemption center, as well as secure shredding. He said the work will be done by D.A. Tufts Construction of Batavia.

-- Set a public hearing for Aug. 16 for a proposed Fairfield Inn on Federal Drive. The public hearing is needed since the developer, Oakfield Hospitality, LLC, is seeking to build the hotel in an industrial park. The final determination will be made by the Town Zoning Board of Appeals.

-- Approved a 42-inch wide by 60-foot long backlit sign for the new hotel at Batavia Downs Gaming. The sign will read "Hotel at Batavia Downs."

A car vs. tractor-trailer accident is reported at Route 63 and Route 20, but only minor injuries are reported. 

Pavilion fire and Mercy EMS responding.

City police are responding to Dellinger Avenue for a report of several youths fighting. They are said to be heading north. This is one of several fighting incidents reported there today, says a dispatcher. Sometime after 4 p.m., a two-vehicle accident was reported on Dellinger. Injuries were minor, if any.

The Batavia Planning & Development Committee on Tuesday night approved a slightly modified plan to enclose a 1,700-square-foot patio on the west side of City Slickers Bar & Grill at 59 Main St.

Owner Ken Mistler's request focused on making the patio a bit smaller than what had been previously approved (in July 2014), reducing the size from 99 feet to 64 feet, and adding a small awning over the structure, which will feature six 12-foot, 6-inch retractable overhead doors -- four on the west side and one each on the south and north sides. The patio is located in an area next to M&T Bank.

"Patrons will be able to access (the patio) from the restaurant and also from the side and front of the patio," Mistler said, noting that the project will cost around $60,000. "(By enclosing it), we hope to utilize it more, especially in inclement weather."

Last week, Mistler's proposal was approved by the Genesee County Planning Board.

The patio will be able to seat 61 people, said Mistler, who added that he hopes to complete the project within the next several weeks.

In other action, the committee:

-- Approved a request by Michael Mammano, sign company agent, to place two lighted signs on the building at 69-71 Main St., which is being transitioned from First Niagara Bank to Key Bank. One sign will measure 2 feet, 8 inches by 17 feet, 10 inches and will go on the north elevation of the building and the other will measure 2 feet by 13 feet, 5 inches and will be placed on the south side of the building.

-- Approved a request by Batavian David Pero to subdivide property on Webster Avenue, the site of his sons' disposal business, Trash Away, LLC.  The larger parcel, consisting of vacant land, will not be used for any commercial venture at this time, Pero said.

-- Recommended that the City Zoning Board of Appeals denial a request by Randy White to create a second driveway -- measuring 16 feet wide by 60 feet long -- on his Lyon Street property. The board was not in favor of the additional overage and the fact that the applicant would be turning a larger portion of his yard into a second driveway.

Press release:

Tonight, Rep. Chris Collins will address the Republican National Convention and will “second” Donald Trump’s Republican Party nomination for President. Pinnacle Manufacturing CEO Diana Kastenbaum, Collins’s Democratic Party opponent for Congress, issued the following statement:

“At the RNC Convention tonight, Rep. Chris Collins, the first Congressman to endorse Donald Trump, will address millions of Americans with more empty political rhetoric. I can guarantee that Collins won’t speak about his vote to underfund Veterans Affairs by $1.4 billion or his pledge to have a 100% pro-life voting record. I’m offended that Collins does not support our Vets, and I’m equally offended that Collins has not stood up to Trump for his outlandish remarks against women made over the course of the Republican Party Primary. We can do better.”

Press release:

Following a string of deadly shootings against law enforcement in Dallas and Baton Rouge, La., in recent weeks, Assemblyman Steve Hawley (R,C,I-Batavia) has reiterated his full support of law enforcement and is encouraging New Yorkers to wear blue on Friday in a massive wave of support for police officers.

Hawley emphasized the need for unity in these frightening times and inspired constituents to stand behind those who put their lives on the line to protect us each day.

“The recent attacks against police officers in Dallas and Baton Rouge have been nothing short of tragic and a painful reflection of the evil that still exists in society,” Hawley said. “In these tumultuous times, the best solution is to come together and show our support for the men and women who put on their uniform every day not knowing what dangers they will inevitably face.

"They are the frontline protectors of justice and order in our community and deserve nothing short of our utmost gratitude and respect. Please join me in recognizing the heroism of our police officers and participate in ‘Our Blue Day’ on Friday by wearing blue in support of our friends fighting crime. They need our encouragement and backing now more than ever.”

Ronald D. Stives, 34, of 61 Myrtle St. in Le Roy, was arrested by the Le Roy Police Department and charged with one count each of sexual abuse in the first degree, a Class D felony, and endangering the welfare of a child, a Class A misdemeanor.

It is alleged that during the morning hours of July 18, Stives subjected the victim to sexual contact when the victim was incapable of consent by reason of being physically helpless. Further it is alleged that when he did so, Stives knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years of age.

Stives was arraigned before the Judge Daryl Sehm of the Le Roy Town Court and put in Genesee County jail in lieu of $10,000 bail.

​Batavia PD announced today that a 40-year-old Batavia man was arrested for allegedly having sexual contact with a family member. Eric Watson is in Genesee County Jail with bail set at $20,000.

He is accused of engaging in sexual conduct with a mentally disabled family member who is incapable of consenting to such activity. The allegations date back three years, but were just reported this year.

Watson is charged with second-degree rape, second-degree criminal sexual act, and second-degree incest.

He is due to appear in Genesee County Court at 11 a.m. on Thursday, July 21.

Det. Sgt. Todd Crossett and Det. Kevin Czora are the city Police Department investigating officers.