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BREAKING: Gov. Cuomo announces $10 million for revitalization in Downtown Batavia

By Howard B. Owens

The City of Batavia will receive a $10 million award from the State of New York as a regional winner in the 2017 Downtown Revitalization Initiative Contest.

Gov. Andrew Cuomo made the announcement moments ago at City Centre.

Batavia is one of 10 regional winners around the state, beating out other applicants in the Finger Lakes region.

MORE T/K

Sexual predator convicted by jury of charges stemming from jail assaults

By Howard B. Owens

       Marlek Holmes

A sexual predator already serving 15 years in prison for his crimes against children is looking at possibly serving another seven years for assaulting fellow inmates in the Genesee County Jail and damaging jail property.

It took a jury three hours of deliberation after a three-day trial to find Marlek Holmes guilty on two counts of assault in the second degree and criminal mischief.

The potential sentence for Holmes:

  • Count 1: a determinate sentence of at least five years and as much as seven years on his conviction for a second-degree assault committed in the jail on June 5, 2016.
  • Count 2: a determinate sentence of at least five years and as much as seven years on his conviction for a second-degree assault committed in the jail on Oct. 30, 2016.
  • Count 3: an indeterminate sentence of at least one-and-a-half to three years and as much as two to four years on his conviction for third degree criminal mischief committed in the jail on Oct. 30, 2016.

State sentencing guidelines require the combined sentence for the assault charged be served consecutively to his current 15-year sentence unless the court finds it would be "in the interest of justice" to make the sentence concurrent to the 15-year sentence. The criminal mischief sentence can be either concurrent or consecutive.

Holmes will be sentenced Jan. 2 at 9:30 a.m.

He's scheduled for a third trial on two pending Class D felony charges for allegedly violating the terms of his status as a registered sexual offender. For those charges he would not be considered a second felony offender because they are crimes under Corrections Law, not Penal Law.

Therefore, if convicted in the third trial, he would face an indeterminate sentence of at least one-and-a-third to four years, and as much as two-and-a-third to seven years on each count. Under NYS law, the sentences may run consecutively or concurrently to his other sentences.

YWCA hosts annual Stiletto & Sneaker 5K

By Howard B. Owens

The YWCA hosted its annual Stiletto & Sneaker 5K yesterday at its facility on North Street in Batavia. The event was followed by its annual Harvest Supper.

Kevin Sheehan (photo) won the men's division of the race with a time of 18:27. Heather Burger won the women's division with a time of 24:39, but was no longer present for a photo when the trophies were handed out.

After the awards presentation, there was a color toss (bottom photo). The original schedule included a sky lantern lighting, but Director Jeanne Walton said it was canceled when the wind kicked up.

Color toss: Note, you can just catch the Wilson school bus starting to get stuck on the sidewalk in the background (see yesterday's story).

GCEDC to approved incentives for one business, accepted two applications at yesterday's meeting

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) approved incentives for Triple O Mechanical in the Town of Bergen and 212 West Main Street Inc. in the City of Batavia at its Oct. 5 board meeting. The agency also accepted applications from Darien Lake and O-AT-KA Milk Products Cooperative.

Triple O will invest $400,000 to expand its existing facility from 6,960 square feet to 14,614 square feet, which will create one new job and retain 19 jobs. The company will receive sales and property tax exemptions totaling approximately $75,000. Triple O provides heating, air conditioning, refrigeration and electrical services for residential and commercial customers.

212 West Main Street Inc. is investing $895,000 for a new Arby’s Restaurant, which will include renovations of the interior and exterior of the existing building as well as the purchase of equipment. While a retail project, the 212 West Main Street project qualifies for incentives since it is located adjacent to a highly distressed area of the city. 212 West Main Street Inc. will receive sales, mortgage and property tax exemptions totaling approximately $66,500.  The new restaurant will create five new jobs.

An application for assistance was accepted by the GCEDC on behalf of Darien Lake Theme Park Resort for a new ride set to open in 2018. Darien Lake is seeking $360,000 in sales tax exemptions as part of a capital investment of $4.5 million. The project will help retain 398 jobs at one of the Buffalo Niagara and Finger Lakes regions most popular resorts.​

The GCEDC board also accepted an application from O-AT-KA for a $4.3 million capital investment for an approximate 20,000-square-foot expansion of the company’s plant on Ellicott Street. The company is requesting approximately $370,000 for sales tax and property tax exemptions.  The project will help retain 308 jobs in the Town and City of Batavia.

Since both O-AT-KA and Darien Lake are requesting incentives of more than $100,000, public hearings for both projects will be scheduled.

“Genesee County continues to see major business growth and investment in our existing companies,” said GCEDC Board Chair Paul Battaglia. “All of these projects send a positive message that Genesee County is open for business and a great place to grow.”

Batavia seniors to participate in 'Make a Difference Day' Oct. 11

By Howard B. Owens

Press release:

Batavia High School seniors will participate in the 19th annual Make a Difference Day community service project Oct. 11 in various nonprofit agencies throughout the community.

Participating agencies include: All Babies Cherished, Arc of Genesee Orleans, Batavia Agri-Business Child Development, Batavia Business Improvement District, Batavia Housing Authority, Batavia Peace Garden, City of Batavia Youth Bureau, Crossroads House, Genesee County Parks, Genesee County Youth Bureau, Genesee-Orleans Regional Arts Council, Habitat for Humanity, Holland Land Office Museum, NYS Veterans Home, Premier Genesee, Center for Nursing and Rehabilitation, United Memorial Medical Center, VA WNY Healthcare System of Batavia, YMCA, YWCA Children’s Center, YWCA of Genesee County.  

Batavia City Schools is dedicated to helping their more than 170 seniors learn and develop the importance of giving back to their own community while helping to foster civic responsibility. This is an integral part of their Batavia High School academic curriculum, and is a component of their graduation requirements.

Rochester area school bus full of athletes gets stuck when driver tries to turn around

By Billie Owens

A school bus out of Rochester City School District is stuck at North Street and Columbia Avenue in the City of Batavia.

No injuries are reported. Batavia PD is not yet on scene. The bus was transporting 26 members of the Wilson High School junior varsity football team from a game when it encountered a roadblock set up at that intersection for this evening's 5K run and walk sponsored by the YWCA.

The driver attempted to turn the bus around when the tires got wedged in a gully at a grassy area. The Wilson athletes tried vainly to push the bus; it remains there for now.

UPDATE 7:21 p.m.: Batavia police are on scene. Parises Towing is en route to assist. The athletes are being treated to a hot and hearty Harvest Supper, which is also being served at the YWCA tonight, courtesy of the YWCA. The players were eager to tell every adult who approached them -- reporters, police, staff from the Y -- "we beat Batavia." First words out of their mouths, no matter the question.

City offices to close at noon tomorrow because of governor's visit

By Howard B. Owens

Press release:

Due to Governor Andrew Cuomo’s visit tomorrow at 1 p.m., Batavia City Hall offices will be closed at noon on Friday, Oct. 6.

Water/sewer and tax payments can be made in the drop box outside City Hall front doors.

Two-car accident reported at Ellicott Street and South Swan

By Howard B. Owens

A two-car accident, unknown injuries, is reported at 336 Ellicott St., Batavia, at the corner of South Swan Street.

The cars are not blocking traffic.

City fire and Mercy EMS dispatched.

UPDATE: Photo by Frank Capuano.

Water shut off planned for Bank Street on Saturday

By Howard B. Owens

Press release:

On Saturday, Oct. 7, the City of Batavia Water Department along with UMMC will be replacing valves on the main water line on Bank Street.

The water will be turned off on Bank Street from East Main Street to Washington Avenue.

Work will start at 5 p.m. Water service interruption will be kept to a minimum. This work may result in a period of discolored water in this general area after service is restored. Residents should check to make sure water clarity has returned before resuming activities such as laundry which may be impacted.

Bank Street will be closed to traffic from East Main Street to Washington Avenue.

Election commissioners trying to find new, suitable polling location on the east side of Town of Batavia

By Howard B. Owens

Eastern Town of Batavia needs a new polling place, one more convenient and suitable for citizens in those districts, but finding the right place has proven difficult, elections commissioners Dick Siebert and Lorie Longhany told the County's Ways and Means Committee on Wednesday.

"We’ve looked everyplace," Siebert said. "We’ve looked at churches, we’ve looked at everything out there and there’s nothing available."

Any location has to be not just available on election days, but accessible and with plenty of parking.

There was a location on Clinton Street Road, but it's no longer available.

"We've got a couple of options on the table that we're looking into," Longhany said. "We hope something will come to fruition soon. We need to find a place that is good for the public and good for us."

One option is the new Richard C. Call Arena at Genesee Community College.

In the past, GCC hasn't been a good option because the buildings weren't accessible for some residents.

The new arena is accessible and has plenty of parking.

County Manager Jay Gsell said he has an inquiry out to college officials to see if that location can be used.

Eagle Scout projects honors those who were dedicated to John Kennedy School

By Howard B. Owens

In a ceremony at John Kennedy School yesterday, a new memorial garden was dedicated as the culmination of an Eagle Scout project by Thomas Ognibene, Troop 6006.

"I wanted to do something to give back to the community and recognize all the people who have dedicated their time to give to the school," Thomas said.

When Thomas started his project in May, there were two trees planted behind the school to honor Mike Houseknecht and George and Maria Raines, both former gym teachers at the school.

Thomas added more plants, mulch and a stone border with an elevated area in the center of the memorial.

From planning through construction, Thomas put in more than 120 hours of time into the project. He was assisted in the construction by 19 scouts and parents.

Supporting the project were Batavia City School District, Scalia’s Landscape, Home Depot, Hansen Aggregates, Joe’s Awards and Trophies, Steve Ognibene Photography, Batavia’s Original, and Pudgie's Lawn and Garden.

Members of the Houseknecht and Raines families attended the ceremony.

"We’re so grateful and overwhelmed," said Maureen Pelletier, daughter of George and Maria, and who traveled to Batavia for the ceremony. "It’s just so much more than we ever expected."

Maureen Pelletier

For third time, Cuomo schedules visit to City Hall in Batavia

By Howard B. Owens

Perhaps the third time is a charm.

Gov. Andrew Cuomo, after twice before scheduling announcements in Batavia and then quickly canceling the trip, has once again put Batavia on his schedule. 

Cuomo is expected to be at City Hall tomorrow at 1 p.m.

Members of the public who wish to attend are asked to RSVP.

The nature of the announcement has not been released, but Batavia is a candidate for a $10 million economic development grant and Cuomo has been traveling around the state in recent weeks announcing the grants in each of the 10 economic development regions. The winner for the Finger Lakes region has not yet been announced.

Appeals court upholds conviction and sentence of Park Avenue burglar

By Howard B. Owens
    Akeem Simmons

The conviction and 20-year prison term for Akeem Simmons, the then 23-year-old man who, with a partner, burglarized a home on Park Avenue, Batavia, in January 2014 will stand an appeals court has ruled.

An attorney for Simmons appealed both the conviction on a claim of an undisclosed deal with a witness and the sentence as too harsh.

The Appellate Division, Fourth Judicial Department, ruled against both motions.

Simmons and Nathaniel Davis burglarized the occupied home and Simmons was accused of carrying a gun during the commission of the crime. Davis testified against Simmons and after his testimony, Davis was sentenced to five years in prison after pleading guilty to burglary.

At trial, Attorney Thomas Burns, representing Simmons, argued that it seemed clear to him that there was an undisclosed deal between Davis and the District Attorney's Office.

At trial Davis, under oath, denied there was any deal in exchange for his testimony. District Attorney Lawrence Friedman said no deal was made in order to get Davis to testify.

A request by Burns for a separate hearing was denied by Judge Robert C. Noonan.

The appellate judges found there was no evidence to support the claim of an undisclosed deal.

The judges also ruled that because of the prior criminal record of Simmons, which included two prior burglary convictions, the 20-year prison sentence was neither harsh nor severe.

Batavia man accused in Federal court of using computer at library to view child pornography

By Howard B. Owens

A Batavia man is facing Federal charges for allegedly viewing child pornography while using a computer in the Richmond Memorial Library in Batavia.

Robert Roy Richmond is being charged under a Federal statute that prohibits viewing child pornography that has been transmitted across state lines.

According to an affidavit filed in U.S. District Court, FBI agent Jennifer Amo opened the investigation after the bureau was notified by Batavia PD in January of an investigation into a computer being used to view child pornography at the library.

The case started when a library employee who was working in the DVD section saw a man at a computer looking at a pornographic picture of a child in fishnet stockings.

As soon as the man left, the employee shut down the computer and put an out-of-order sign on it in order to preserve any potential evidence until police arrived.

Library employees told Amo that Richmond came to the library every morning and used a computer.

Richmond was identified as the suspected computer user because he had to input his library card number to access the system. He was also identified as a suspect by the employee through a photo lineup.

Another library employee told Amo that Richmond may have been coming into the library since 2014 to view adult pornography and had been confronted four or five times by the employee about it.

Upon questioning, Richmond allegedly admitted he's been viewing child pornography since 2009.

The FBI conducted a forensic examination of the computer and the affidavit contains a description of two the images allegedly found on the hard drive. Both are sexually explicit, of girls who are about 6 or 7 years old.

No information has been released yet on the status of the pending legal case.

Vehicle strikes sign on Oak Street, unknown injuries

By Howard B. Owens

A one-vehicle accident is reported in the area of Oak and Prospect, Batavia.

Unknown injuries.

The vehicle struck a sign.

City fire and Mercy EMS dispatched.

UPDATE 9:23 a.m.: Law enforcement on scene says no need for City fire to respond.

Law and Order: Batavia man arrested at Fire Hall on trespass charge

By Howard B. Owens

Anthony J. Nobile, 28, of New York Place, Batavia, is charged with trespass. Batavia PD was dispatched to 18 Evans St., Batavia, which is the City of Batavia Fire Hall, to investigate a complaint of a male subject who would not leave. Nobile was arrested and released on an appearance ticket.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear. McNear was located by Officer Frank Klimjack and taken into custody. He was arraigned and jailed on $1,000 bail.

Tyrone N. Thigpen Sr., 40, of Jackson Street, Batavia, is charged with criminal contempt, 2nd. Thigpen allegedly violated a stay away order of protection at 7:50 a.m., Monday.

Jordan B. Abrams, 25, of Alabama, is charged with harassment, 2nd. Abrams was arrested by State Police in connection with an incident reported at 10:24 p.m. Sept. 24 in the Town of Alabama. No further details released.

Felicia A. Dumar, 27, of Byron, is charged with endangering the welfare of a child. Dumar was arrested by State Police in connection with an incident reported at 10:07 a.m. Tuesday on Swamp Road, Byron. No further details released.

Russell S. Almeter, 63, of East Aurora, is charged with DWI and driving with a BAC of .08 or greater. Almeter was stopped by State Police at 12:14 a.m. Wednesday on the Thruway exit ramp in Pembroke. He was also charged with unlawful possession of marijuana.

Trial date set in lawsuit between City and Mall Association

By Howard B. Owens

Via our news partner, WBTA:

A trial date has been set in Erie County Supreme Court that would settle the dispute between Batavia City Hall and the City Centre Merchants Association.

WBTA has confirmed the two sides are scheduled for a bench trial on Oct. 20th before Erie County Supreme Court Justice Catherine Panepinto.

The basic dispute centers on responsibility for the mall’s continually leaking roof.

Last March the City Council approved an offer to the merchants that would have provided $650,000 dollars to repair the roof, silos and skylights over the concourse in return for the merchants dropping their lawsuit.

The merchants have never ratified the deal.

A member of the merchants association – who wished to remain anonymous – said the city has met all of the merchants’ requests but the association’s lawyers have advised against accepting the deal.

City Manager Jason Molino said the merchants are refusing to vote on the settlement terms that were negotiated last December. 

It is still possible the two sides could come to an out-of-court settlement by the Oct. 20 trial date.

If everything breaks right, Batavia Town tax rate would decrease by two cents per thousand

By Mike Pettinella

The Batavia Town Board has unveiled its tentative budget for 2018, a $5.02 million spending plan that, for the second straight year, calls for $1 million to be generated through property taxes.

The tax rate, however, may go down slightly, said Supervisor Gregory Post, during a special board meeting on Wednesday afternoon at the Town Hall on West Main Street Road.

“By keeping the tax rate the same (it was $2.64 per thousand of assessed valuation in 2017), we figure we will generate a $7,000 increase over the $1 million (in tax revenue) we had last year,” Post said.

In turn, that $7,000 could be used to reduce the tax rate by another two cents, dropping it to $2.62 – which equates to a yearly tax bill of $235.80 on a house assessed at $90,000.

The budget also calls for using nearly $470,000 from the Town’s unexpended fund balance.

Post said the board will have a much better idea of the Town’s financial outlook for the fiscal year 2018 (January through December) in a couple weeks as it receives updated information about sales tax and other revenue streams.

“We just heard last week that Genesee County and the City of Batavia extended for one year its sales tax agreement (which determines how much money is distributed to the county’s municipalities), and that the county again has been authorized to collect an additional 1 percent, so we have proposed the same amount of sales tax for 2018 that we budgeted for last year,” he said.

Post said he is hoping for increases in water and sewer revenues as a result of HP Hood taking over the former Muller Quaker plant on East Main Street Road, adding that nothing is certain, however, as “water rates are volatile.”

The supervisor said sales tax for the first two quarters was close to what was estimated. In all, the budget lists sales tax revenue of $1.85 million.

While uncertainty remains in some areas, Post said the board is taking steps to turning the employee health insurance benefits line item into a “fixed” cost.

 “We’re capping health insurance at 95 percent (of the premium for single, two-person and family plans),” Post said. “Any future premium increases will be the responsibility of the employee.”

Still, the Town’s 30 employees eligible for health insurance benefits will receive up to $16,910 to cover their plan, and will be able to purchase a plan “that suits their needs,” Post said.

In contracting with Tompkins Insurance Agencies, the Town is offering the following:

-- Single plan: $6,080;
-- Two-person plan, $11,400;
-- Family plan, $16,910.

Employees have that much to spend on their health insurance plans, but also have the option of taking a buyout – valued at 60 percent of their plan allowance – as long as they can prove they have obtained health insurance through another source (spouse, significant other, etc.).

“If five people opt to take ‘in lieu of’ we could save around $40,000,” Post said. “The budgeted amount could go down … or worse case, we’re not spending any more on health insurance and we haven’t reduced the benefit to the staff.”

Actually, the benefit is being enhanced as the “buyout” is increasing from a long-standing $2,700 stipend to the 60 percent of the plan allowance.

As was the case last year, the board is proposing 3 percent raises across the board, but that, too, is tentative “because raises will be given or not given on a person-by-person basis,” Post said.

Post said the board is proposing to contract with outside engineers as consultants rather than hiring another Town engineer.

Board members commented that they would like to increase the salary of its Town justices, who have put in additional hours covering when other municipalities’ judges were unavailable.

The summary of the budget is as follows:

General Fund
Appropriations -- $3.89 million; Estimated revenue -- $2.42 million; Unexpended fund balance -- $469,000; Amount to be raised by tax -- $1 million.
Highway Fund
Appropriations -- $1.12 million; Estimated revenue -- $1.12 million.

Including the Town’s special sewer, water and Batavia fire districts, the total budget is $9 million --$6 million in revenue, $606,000 in unexpended fund balance and $2.33 million to be raised by tax.

The board will continue to work on the budget throughout the month in anticipation of a public hearing in November.

Top Items on Batavia's List

City of Batavia, New York (Pop. 15,600) seeks an experienced professional to join the management team in the capacity of Assistant City Manager/ Director of Administrative Services. Salary: $98,642-$119,642 DOQ. Reporting to the City Manager, the Assistant City Manager/ (ACM) will oversee the functions of Assessment, City Clerk/Treasurer, and IT. This position assists in the implementation of the City’s strategic plan; annual operating budget and capital improvement program; will participate in labor negotiations; and present information to the public, advisory committees and commission, City Council, and outside agencies. In addition, as the ACM, this individual shall assist multiple committees as well as serve as a liaison to various major projects and neighborhood groups. Must have the ability to exercise considerable independent judgment in planning, implementing, overseeing, and reviewing major projects; and the ability to develop and recommend policies and projects. MINIMUM QUALIFICATIONS: Graduation from high school or possession of an appropriate equivalency diploma recognized by the New York State Department of Education, AND EITHER: A. Graduation from a regionally accredited or NYS Registered College with a Master's Degree in Public Administration, Business Administration, or a closely related field and two (2) years of full-time paid experience in a responsible governmental administrative position; OR: B. Graduation from a regionally accredited or NYS Registered College with a Bachelor's Degree in Public Administration, Business Administration, or a closely related field and four (4) years of full-time paid experience in a responsible governmental administrative position; OR: C. Graduation from a regionally accredited or NYS Registered College with an Associate's Degree in Public Administration, Business Administration, or a closely related field and four (6) years of full-time paid experience in a responsible governmental administrative position; OR: D. Eight (8) years full-time paid experience in the private sector, non-profit, and/or government management sector with progressively more responsibility. OR: E. Satisfactory equivalent combination of the foregoing training and experience. To be considered, submit your cover letter, resume, and contact information, including email addresses for five work-related references to Gabrielle Kolo, Human Resources Director, One Batavia City Centre, Batavia, New York 14020 or gkolo@batavianewyork.com. First review of candidates to begin 7/3/25. Background check, personality assessment, and drug testing required. City residency is required within one year of appointment. EEO A full description and list of duties can be found at www.batavianewyork.com under the Human Resources tab.
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