batavia

Pierre Mahon Humphrey, 27, of Michigan Street, Batavia, is charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Humphrey was allegedly found in possession of marijuana and narcotics during a traffic stop on Park Road, Batavia, by Deputy Travis DeMuth at 4 p.m. Tuesday. Humphrey was jailed on $25,000 bail or $50,000 bond.

Lucas T. Shafer, 20, of State Route 96A, Romulus, is charged with unlawful possession of marijuana. Shafer was charged after Officer Arick Perkins located a vehicle parked behind the Harvester Center and stopped to investigate at 12:45 a.m., Tuesday. Also charged, Aaron C. Cuyler, 19, of Batavia Stafford Townline Road, Batavia.

Sath Paul Dhanda, 37, of Clapsaddle Road, Bethany, is charged with criminal contempt, 2nd. Dhanda was arrested following a complaint of a person banging on the back door of a residence on Ellicott Street, Batavia, at 3:08 p.m. Monday. There was an order of protection in place that Dhanda allegedly violated. Dhanda was jailed on an unspecified amount of bail.

Alexander J. Schultz, 18, of Ross Street, Batavia, is charged with obstructing governmental administration and disorderly conduct. Schultz and a 17-year-old, who was also charged, were allegedly involved in a fight on Ross Street, Batavia, at 4:34 p.m. Jan. 11.

Ryan N. Bartholomew, 23, of Adams Street, Batavia, is charged with making terrorist threats and aggravated harassment, 2nd. Bartholomew allegedly made threats against police officers on social media. He was jailed without bail.

Desiree M. Sumeriski, 34, of South Main Street, Batavia, is charged with endangering the welfare of a child. Sumeriski allegedly failed to seek medical care for a child after observing injuries sustained by the child.

Camon T. Wyatt, of Pardee Street, Rochester, was arrested on a warrant for alleged failure to appear as ordered in court. Wyatt was released on bail.

David L Andrews, 30, of Lewis Place, Batavia, is charged with criminal impersonation and conspiracy 6th. Andrews is accused of conspiring with another person not to pay a bill at a local person by pretending to be another person.

Preston Randall Herbst, 21, of Hamlin Drive, Canandaigua, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Herbst was stopped at 2:51 a.m. today on Telephone Road, Pavilion, by Deputy Mathew Clor.

Joseph Thomas Misiak Jr., 62, of Pratt Road, Batavia, is charged with making terrorist threats. Misiak allegedly called a supervisor at the Sheriff's Office and threatened to damage the property of the subject as well as physical harm the subject. Misiak was arraigned and released under supervision of Genesee Justice.

Anna Marie Howard, 32, of Ivison Road, Byron, is charged with driving while ability impaired by drugs, aggravated unlicensed operation, 2nd, and registration display violation. Deputy Ryan DeLong and Deputy Andrew Mullen responded to a complaint of a person driving erratically in the parking lot of the 7-Eleven in Bergen at 4:05 p.m. Sunday. 

Jordan R. Mock, 23, of Pavilion, is charged with a false written statement and falsely reporting an incident. Jordan J. Schilling, 30, of Silver Springs, is charged with criminal mischief, 3rd, false written statement, and falsely reporting an incident. Mock and Schilling were arrested in relation to a burglary investigation by State Police reported at 4:10 p.m. Saturday on Perry Road, Pavilion. Schilling was also charged in Wyoming County with false written statement in relation to a fraud investigation. No further details were released.

Timothy A. Frenchy, 24, of Bronx, is charged with unlawful possession of marijuana. Frenchy was charged while at College Village at 9:03 p.m. Monday by State Police.

A minor injury accident is reported at Richmond Avenue and Woodrow Road, Batavia.

City fire and Mercy EMS responding.

Press release:

The Batavia Police Department is asking citizens and business owners with surveillance cameras to partner with us in the fight against crime!

The Batavia SafeCam Registration Program allows citizens / businesses to register their camera systems with the police department to aid in crime prevention strategies and investigations which may occur in the proximity of their camera systems.

The registration process is very easy and free.

Simply go to http://www.batavianewyork.com/police-department/webforms/batavia-safecam-program and fill out the form. Registration forms can also be picked up at Batavia Police Headquarters located at 10 W. Main St., Batavia.

Surveillance cameras have been an integral part of fighting crime in Batavia. Privately owned camera footage has helped solve a variety of serious offenses in Batavia over the years, including various burglaries, a fatal hit-and-run accident, and even a homicide.

Working together, we can keep Batavia a safe place to live and work.

Please note that the police department will not have the ability to freely or remotely access your cameras, claim ownership, or dictate the camera systems functions. This is simply a database that will allow the Batavia Police Department to see who might have captured footage related to a particular crime.

Thank you for signing up and joining us in the fight to keep our city safe!

There will apparently be no contempt charge against Marlek Holmes after the convicted sexual predator used profanity and hurled insults at the District Attorney today in County Court.

Judge Charles Zambito apparently did not hear the most profane statement by Holmes, when he told District Attorney Lawrence Friedman he could go eff himself while the DA was using a copy machine near the defense table.

Defense Attorney Fred Rarick put his hand on his client's shoulder and advised him to be careful about what he said in court. 

Zambito did hear Holmes say, “I don’t understand anything that stupid ass says," after Zambito asked if he understood the plea offer presented by the district attorney.

Zambito pressed on without acknowledging the remark and clarified that Holmes was declining a plea offer that would have capped his potential prison sentence on his latest conviction and avoid a trial on a charge of failure to register a new address as a registered sex offender.

In May, Holmes, already a convicted sex offender, entered a guilty plea to guilty to a Class C violent felony, attempted criminal sexual act in the first degree. Later that month, he was sentenced to 15 years in prison while proclaiming his innocence. 

In October, Holmes was convicted following a jury trial on two counts of assault in the second degree and criminal mischief for assaulting a fellow inmate at the Genesee County Jail. 

On that conviction, he could be sentenced up to seven years each, for a total of 14 years, on top of the 15 years he's currently serving.

The plea offer from Friedman would have capped the sentence at five years, consecutive to his current 15 years, for a total of 25 years in prison, and satisfied the pending charges against Holmes related to his alleged failure to register a change of address as a sex offender (the oldest of the group of charges that has tied him up in County Court for more than a year).

As part of the deal, Holmes would be required to drop his current appeal on his sexual abuse conviction and not pursue appeals on his other cases.

The deal would have saved the people the expense of another trial.

Holmes refused the deal.

Earlier this month, Holmes sought to have his new trial delayed because he's being shuttled between prisons and doesn't have all of his paperwork and access to the prison law library. Friedman argued against a delay and Zambito agreed a delay was not necessary.

Jury selection is scheduled to begin Monday with a hearing before the actual trial begins on Tuesday on whether Holmes qualifies as a persistent violent felony offender, which could mean an enhancement on his sentence on the jail assault conviction.

After court, Friedman said he wasn't sure what Zambito might have heard Holmes say, and he wasn't sure what was captured on the record.

"I decided at that point not to bother saying anything," Friedman said.

Alex Feig, from our news partner WBTA, contributed reporting to this story.

After stopping to see somebody about a possible story on South Main Street Road, I noticed several trees hanging over the Tonawanda Creek dripping with icicles.

Police are responding to a residence on Ellicott Street, Batavia, for a report of someone trying to break down the back door.

A man is unconcious in the parking lot of Sacred Heart Church after being struck in the face during an altercation. The assailant left the scene. City police and Mercy medics are en route. The church is on Sumner Street.

UPDATE 3:03 p.m.: Police and medics are on scene. An officer reports to dispatchers that somebody picked up the unconsious man and took him away in a vehicle. "No discription of where he went; I'll be checking the area."

Raymond EJ Smith Jr., 43, of Lockport Road, Oakfield, is charged with operating a snowmobile while impaired by alcohol, operating a snowmobile on a street or highway, operating a snowmobile without liability insurance, operating an unregistered snowmobile, and refusal to take a breath test. Smith and his snowmobile were found by a passerby overturned in a ditch at 10:19 p.m. Saturday on Lockport Road, Oakfield. He was not injured. The accident was investigated by Deputy Jeremy McClellan. (Initial Report)

Katherine Marie Wilkinson, 21, of Buffalo Street Road, Alexander, is charged with falsely reporting an incident. Wilkinson is accused of falsely reporting that a person hit her in the face. When deputies arrived to investigate the complaint, Wilkinson allegedly told the deputies the incident did not happen.

Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, is charged with harassment, 2nd. Freeman allegedly threw a plate at another person while at Denny's on West Main Street, Batavia.

Winston Ashton Lockhart Sr., 22, of Holland Avenue, Batavia, is charged with harassment, 2nd, and acting in a manner injurious to a child. Lockhart was charged following a report of a domestic incident on Holland Avenue at 11:55 a.m. Jan. 7.

Douglas A. Curry, 66, of Grand Avenue, Rochester, is charged with criminal contempt, 2nd. Curry was arrested on a warrant for allegedly violating an order of protection.

Franciso Martinez, 44, of Bridgeman Street, Buffalo, is charged with unlawful possession of marijuana, harassment, 2nd, endangering the welfare of a child, and robbery, 3rd. Martinez was allegedly in a fight with another person at a residence on Bank Street at 8:36 p.m. Thursday. During the domestic incident, he allegedly stole an item from the victim. He was jailed without bail.

Matthew J. Vickers, 38, of Court Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater, speed not reasonable and prudent, and failure to keep right. Vickers was reportedly involved in a motor-vehicle accident at 8:28 p.m Jan. 6 on West Main Street, Batavia.

A lot of Batavia residents were busy this morning clearing snow from their driveways and walkways, including Nate Baker on Ellicott Place, above, after a storm dropped about a foot of snow on the city.

Eric Haile on Summit Street.

Cliff Vagg on Ellicott Avenue.

The National Weather Service has warned of possible flooding as the Tonawanda Creek through Batavia nears the 9-foot level.

Currently, the water level, as measured at the bend behind the County Courthouse, is 8.64 feet.

It's been on a steep climb since 7 a.m.

It's expected to crest at 9.1 feet.

The minor flood stage is 9 feet.

Kibbe Park is expected to flood, and possibly Walnut Street and Law Street.  

There is flooding in Alexander and the Town of Batavia along the creek.

There is a flood warning in effect until 1 p.m.

Press release:

On Friday Jan. 12, City of Batavia Manager Jason Molino delivered to the City Council a 2018/2019 Recommended City Budget. The budget supports quality City services; sustained investment in infrastructure; reasonable and reliable employee wages and benefits; and a budget that proposes a 3 percent tax rate decrease to $8.99 per $1,000 of assessed value.

The Proposed Budget supports total expenditures of $24.3 million (an increase of 1.9 percent). It meets the City Council’s budget goal of staying below the City’s tax cap. Due to a substantial 4.1 percent increase in the City’s tax base, half of which is due to the Genesee County nursing home becoming privately owned and taxable, the budget contains a property tax rate that will go down, to $8.99 per $1,000 -- a reduction of 3 percent.

This is the lowest City tax rate since 2006. Under the Proposed Budget, the City property tax bill for the owner of a home valued at $90,000 would decrease by $25.20.

“The Proposed Budget is a result of growth in our tax base,” said City Manager Molino. In his budget message to City Council he said, “We are committed to our focus to an unabashed “all in” approach to growth.”

Last year the City set a path to achieve $100 million of new investment through the efforts of four distinct priorities: FOCUS on growth, operational excellence, neighborhood investment and BIG Collaborative projects. While the City has made significant gains with all priorities, none are more noticeable than the City winning the Governor’s $10 million Downtown Revitalization Initiative.

“Through the Downtown Revitalization Initiative, the City of Batavia will accelerate the redevelopment of existing buildings, and create additional business and residential opportunities downtown,” the manager states.

“By investing in the entrepreneurial climate and downtown environmental qualities, and by encouraging ethnic diversity and active lifestyles, Batavia hopes to foster a creative class of workers who will spur continued job growth.”

Currently, the City has made significant movement towards our goal of $100 million. As of Dec. 31, the City’s “I’m All In!” Scoreboard revealed over $8.8 million in completed investments, $15.8 million in-progress for completion in the next two years and another $58.8 million planned by 2022. In total, after just one year of commitment, we have over $83.5 million on our horizon for completion by 2022, and more still to come.

The Recommended Budget includes:

  Completion of Healthy Schools Corridor sidewalk project, a $1 million federal grant for the construction of over 12,000 linear feet of new sidewalk;

  Completion of Highway PM grant, $2.55 million federal grant for the resurfacing of six streets;

  $256,000 of additional annual street resurfacing;

  $285,720 of additional annual sidewalk replacement;

  Resurfacing of the East Parking Lot at the City Centre;

  Supporting the Town of Batavia in the construction of the Ellicott Trail;

Sales Tax: The budget projects that sales tax collections will increase slightly, .4 percent for next year, a somewhat improvement from the past two years of decline.

Water & Sewer Rates: The proposed rate adjustment for FY18/19 includes a water rate increase of $.18 or 3.5 percent. In addition, the plan includes a capital improvement fee increase for all meter sizes. The impact to a typical residential customer with a 5/8-inch meter will be $.54 per quarter. The proposed water rate for a typical residential user is $5.30 per 1,000 gallons and the capital fee per typical residential user is $5.99 per quarter. The total impact to a typical residential customer (approximately 95 percent of customers) from the proposed rate and fee adjustments is approximately $4.49/quarter. There is no rate increase proposed for the sewer rate this year.

“I wish to thank City Department Heads and Bureau Chiefs, and their staff, for their professional approach to the challenges that mark every budget,” Molino said. “They continue to serve the community with highest standards, and it has been an absolute pleasure to work with them.”

The 2018/19 proposed Budget is posted on the City website at http://www.batavianewyork.com/office-of-the-city-manager/pages/city-budget.

Public copies of the Proposed Budget are available for review at the City Clerk’s office, One Batavia City Centre (1st Floor).

Press release from the Batavia Police Department:

The Batavia Police Department is investigating a car/pedestrian accident which occurred on West Main Street today.

The accident happened at approximately 2:10 p.m. on the area of Settler's.

The pedestrian was walking eastbound on the sidewalk on the north side of West Main Street. While crossing the street, a black Honda sedan struck the pedestrian and continued westbound on West Main Street.

The driver was described as a white female with curly hair.

The pedestrian is currently being treated at UMMC.

Anyone with information in reference to this case is asked to contact Officer Prusak or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online here.

UPDATE 5:14 p.m.: A caller reports seeing a vehicle that matches the description with front-end damage driving on Willow Street. No information on when the car was seen.

(Initial report)

Here's the latest update on Gleba Farms in Batavia and its Community Supported Agriculture opportunities, provided by Tim and Amanda Gleba:

Gleba Farms will offer two CSA (Community Supported Agriculture) options for the 2018 season. We will continue with the Summer Veggie CSA and new for the year is the Meat/ Veggie CSA.

Both CSA options will run for 16 weeks, tentatively starting June 12th and concluding Sept. 27th.

The veggie pickup will be weekly, Tuesday and Thursday from 5 to 8 p.m. Pork and turkey will be included in the Meat/ Veggie CSA. Members who sign up for the Meat/ Veggie CSA will receive turkey and pork in addition to their veggie share. The turkey will be ready for pick up just before Thanksgiving and the pork will be ready for pick up at the end of November.

The pork meat is a gourmet meat pig, American Guinea Hog. The AGH were imported by Thomas Jefferson and other Virginia farmers as early as 1804. Also known as the Pineywoods Guinea, Guinea Forest Hog, Acorn Eater, and Yard Pig, the breed was once the most numerous pig breed found on homesteads in the Southeast.

The Guinea Hog is a gourmet meat pig raised on pasture. Chefs and charcuterie artists prefer to cook with this breed. The marbling, and intramuscular fat hasn't been bred out of these special hogs. However, the taste comes largely from the way they are raised.

Members will receive 1/2 a pig which equates to 50 to 60 pounds of meat. From the butcher you will receive a ham, pork chops, tenderloin, bacon, pork shoulder, breakfast sausage, neck bone and hocks (which make great tomato sauce) and lard (optional). The butcher will smoke the ham and bacon.

For the 2018 growing season we have scaled back on the amount of varieties and concentrate on growing what did well for a larger yield. The list of 30-plus veggies is available to view on our website.

As soon as the ground thaws we will start the construction of the deer fence to help protect the veggie crop. Deer was one of our biggest obstacles last year. There are other tactics we will employ to better protect this year's crop; ie. coyote decoy, scarecrows and a motion-sensor water sprinkler.

Our livestock are pastured during the spring, summer and fall months, so they grow at their own pace. We do not use antibiotics or growth hormones. We feel it's a healthier lifestyle for the animals, which in return, produces a healthier, higher quality meat.

The chickens are weathering the cold quite well. They are staying warm in the coop and currently molting. We have had a few members inquiring about eggs this winter. Between the cold and the molting, chickens are not currently laying. We will send an emailing advising when they do.

We will be adding a "guard geese" to the flock to hopefully mitigate any loss to predators. A farmer in the Southern Tier has had luck with geese protecting the chickens, so we thought we would give it a try.

We are adding two beehives to the farm this year. A local apiarist is helping us by providing some guidance on getting started. There are so many health benefits to local raw honey. We will keep everyone posted with the progress.

In a portion of the front field we will be planting 150 Christmas trees (Douglas fir, Fraser fir, concolor fir and blue spruce). As we were planning for the 2018 growing season we concluded we would not be utilizing the whole front field. So, instead of letting the field go to waste, we decided to plant coniferous trees with the intent of cutting them for Christmas trees in several years.

Since we started the farm, we have found if you work hard enough, sometimes you get lucky. There are no short cuts, it takes time and it takes money and it takes reflection to properly care for the land and livestock. We’ve had a few great farmers and members from the community help us along the way.

In closing, we valued the feedback we received from our members. We are in this for the long haul, so we want to ensure we fulfill the expectations of our members. Amanda and I have an appreciation for the relationships we have cultivated with everyone last year!

Lastly, I would like to give a big thank you to Tom Ryan, Ryan's Rose Organic Farm, John Riley, Riley's Family Farm and John Eisenhard, Eisenhard Forestry.

Cheers to a successful and prosperous 2018!

Eddie "Pops" Miles Jr., is also charged with criminal contempt and aggravated criminal contempt.

The incident began Sunday morning just before 9 a.m. when police were dispatched to a report of a domestic at 207 Washington Ave., Batavia. 

When patrols arrived, Miles allegedly threatened to shoot police. That caused police to establish a perimeter, evacuate neighboring homes, and initiate a reverse 9-1-1 call to other residents with a shelter in place notice.

Then Miles allegedly started a fire inside the apartment where he was staying with his girlfriend.

His girlfriend managed to climb out on the roof of the front porch and escape with the assistance of police officers.

While the apartment burned, city firefighters could only shelter behind their trucks.

Eventually, Miles surrendered and climbed down a ladder at the back of the building.

There was also a warrant out for his arrest. He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

He also still has charges pending from 2017. 

Miles was arrested in August for allegedly putting his arm around the neck of another person and injecting a dog with an unknown purple liquid.

In July, he allegedly took a car belonging to another person without permission.

He is being held in the Genesee County Jail without bail.

A proposed new Dollar General store for East Pembroke should meet the goal of making the hamlet more walkable, according to county planners.

That would mean removing parking from the front of the building and bringing the structure closer to the sidewalk.

Last night, the County Planning Board approved the site review with that recommendation. It will be up to the Town of Batavia's Planning Board to decide whether to implement the recommendation.

Planning Director Felipe A. Oltramari explained that the Town of Batavia is adopting form-based planning as part of its comprehensive plan and has already adopted a policy that should help the town, which includes East Pembroke, become a walkable community. 

East Pembroke currently scores a 15 at WalkScore.com and is considered car-dependent.

Since the policy is not yet part of the town's codes, the Planning Board could only make a recommendation and not take a stronger stand.

There are already six Dollar General stores in Genesee County.

This location will be on Main Road at Barrett Drive.

The developer is Zarembra Group Inc., based in Cleveland, Ohio.

The single-story building will be 9,100 square feet.

A minor-injury pedestrian accident is reported on West Main Street, Batavia, in front of Arby's.

City fire and Mercy EMS responding.

UPDATE 4:14 p.m.: The victim, who had not been transported, has traveled to the Emergency Room at UMMC seeking treatment.

Cancer survivor Mike Mager, above, had the bell plaque engraved with brief instructions: “When treatment is complete, we announce it with this bell. Ring once for what you have endured. Ring twice for today. Ring once more for the future.”