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The developer of an apartment complex intended to provide an increase in affordable housing for people with disabilities, especially seniors with disabilities, in Batavia, said this afternoon that he intends to ask the City Council to table a resolution tonight that would rezone the land needed for the apartments.

Mark Fuller, a Genesee County resident, intends to build more than 80 units in a complex at 661, 665 and 679 E. Main St., Batavia.

"We're actually going to ask them to table the vote tonight until a housing study comes out in the middle of the year that I think very much supports the need for this type of housing," Fuller said. "That (the study) was brought up by a couple of council members, so we at least want to give them a chance to read the study before taking the vote."

The lots are currently zoned industrial and in order for the project to go forward, the council would need to rezone it to C2, a commercial designation that would allow apartments.

The lots are a former state police barracks and are surrounded by mostly residential and commercial property.

Two weeks ago, the council voted by a narrow 5-4 margin to move the resolution for rezoning to tonight's business meeting.

"In all the projects that we've done, we've had nothing but great support," Fuller said. "I'm just surprised there's been some pushback from City Council."

Fuller is currently working on 18 similar projects around the region for DePaul Properties, he said.

He said he thinks there is community support for building the apartments and that there is an unmet need in the community for this type of affordable housing oriented toward people with disabilities, seniors with disabilities, and veterans.

"We've had nothing but terrific support from everyone I've talk to about this," Fuller said.

He said once completed, even with a PILOT agreement in place, property taxes generated by these apartments would still be four times more revenue for the city and school district than the revenue currently generated by the existing use. Plus, the development would pay a substantial bill for municipal sewer and water.

The City Council meets at 7 p.m.

Interview conducted by The Batavian's news partner, WBTA.

Press release:

NOREASTCON 46, a scale model show and contest, will take place on Friday, May 19th and Saturday, May 20th at the Quality Inn, 8250 Park Road in Batavia. NOREASTCON 46 will be cohosted by the "Buffcon Boys" of Buffalo and the "Roc City Scale Modelers" of Rochester -- both chapters of the International Plastic Modelers Society (IPMS).

This amazing display of scale models will include aircraft, military vehicles, automobiles, ships, fantasy figures, space vehicles, junior categories, dioramas and more. NOREASTCON is held each year in a different Northeast location. The event features the best of the best modelers from as far away as Maine, Virginia and Eastern Canada.

"From past history to modern day to future visions, the models on display will be of interest to those of all ages. The attention to detail, the delicate workmanship and the over 80 different categories provide a unique and miniature look at the world around us," said event spokesperson Armand Miale.

A variety of hobby supply vendors will be on hand and there will also be an awesome raffle of hobby kits, books and supplies scheduled to take place. Demonstrations and seminars on building better models are scheduled for Saturday. For those who choose to enter models, the $20 fee is for unlimited entries. Awards will be presented. General admission is $10 per person and is good for both days.

For more information on NOREASTCON 46, visit www.noreastcon.com

Press release:

This is an open invitation to all members of the community to participate in this year’s Batavia Memorial Day parade on Memorial Day Monday, May 29th.

The City of Batavia is sponsoring the parade and we are looking forward to another great turnout. The parade will kick off at 9:45 a.m. from the Eastown Plaza and end at the Alva Place parking lot. People can then go to the Veterans Memorial Service at the Memorial site across the street at the Jerome Center.

Any veterans wishing to participate in the parade can just show up at 9:15 a.m. Any veterans needing a ride in the parade, please contact Bob Bialkowski at (585) 409-3624. Any groups wishing to participate please let us know as all are welcome. Please keep the theme of respect to all our veteran and first responders.

Let’s show our support to our veterans and first responders.

Helping People in Need -- DePaul Batavia Square Apartments
DePaul, a not-for-profit organization established in 1958, is seeking to rezone two East Main Street properties in order to allow construction of 80 units of housing for income-eligible tenants.

The affordable apartments would be fully handicap accessible, provide workforce housing and would serve vulnerable populations including veterans, elderly individuals and persons with special needs who would be linked with supportive services. A spring 2018 construction date is targeted.

DePaul committed last fall to build new facilities in Genesee, Livingston, Orleans and Wyoming counties as part of a $2.6 billion statewide plan to develop supportive housing units for vulnerable populations such as the working poor, seniors and veterans. 

Working with SWBR Architects, DePaul has plans for six buildings — two multistory apartment buildings and four sets of townhomes placed in half-circles around a central green space. The newest developments in solar technology would be utilized and vegetated “green roofs” would be located over both the two- and three-story, 24-unit buildings with shared laundry facilities in each townhome. According to DePaul President Mark Fuller, DePaul is staying on trend with varied design and less density, providing mixed-use, diverse options to populations in need. 

Having access to affordable, quality housing in a neighborhood that is connected to jobs and other amenities makes life better for people. Research demonstrates there is a positive relationship between stable, affordable housing and improved health, increased academic performance and greater economic self-sufficiency. 

Construction of new affordable housing creates a host of jobs, while vacant or underutilized parcels are transformed, increasing the value of the property and neighboring areas. Communities truly benefit from the revitalization of neighborhoods and promotion of economic and social integration. DePaul is committed to investing in Batavia and the many people in need who benefit from quality housing. For more information; please visit us online at: www.depaul.org

An animal control officer and Town of Batavia volunteer firefighters attempted this morning to rescue three ducklings that fell into a storm drain at Main and Lewiston by House O' Laundry.

The duckling's mother left the area after a passerby tried to keep her and her six other ducklings out of the roadway, so duck calls from smartphones were used to try and lure the ducklings out of the storm drain pipes and to the open grate. They simply wouldn't come out of the pipe, even after attempts to create noises at the drain east of their location.

Their best hope now is to find their way to an opening that drains into the Tonawanda Creek.

The Michael Napoleone Memorial Foundation celebrated the running of the Kentucky Derby again today with its Sixth Annual Derby Day at Terry Hills. The even also marked the 10th anniversary of the creation of the foundation, which honors the son of Mark and Laurie Napoleone, who died of Burkitts Lymphoma/Leukemia at age 8. The foundation raises money to fund pediatric cancer research, treatment and to help families with children in cancer treatment.

To purchase prints, click here.

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.

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.