batavia

Three pieces of property snug in the middle of other housing and commercial parcels should remain, at least for the time being, available for industrial use, the City Council decided Monday night on a 3-6 vote.

The decision ends, perhaps permanently, a bid by DePaul Properties to build an 80-unit apartment complex at 661, 665 and 679 E. Main St., Batavia, that would have provided housing for people with disabilities, elderly residents lacking mobility, and veterans with special needs.

Developer Mark Fuller didn't rule out trying to build the complex sometime in the future -- the property is likely to be rezoned as part of the city's revision of its comprehensive plan -- but he sounded a sour note as he discussed the council's rejection of the rezoning resolution, and hence, his project.

"I really don’t want to go into communities where we’re not well received," Fulle said. "There’s yet to be a community that hasn’t wanted us to come in. If the community is still against it if it’s zoned differently, I just don’t know that I want to put energy into a community that is not behind it."

Fuller is a Genesee County resident and said he was baffled by the community's response to the project proposal, which would have represented a $25 million local investment by DePaul and increased the current tax revenue for the city four times over the current tax revenue, plus generated significant revenue for sewer and water hookups.

The PILOT (Payment in Lieu of Taxes) agreement DePaul Properties was willing to enter into for the project would have actually obligated DePaul to pay more in taxes than otherwise required for a nonprofit under Property & Tax Law section 581(a).

In other communities where Fuller has overseen the development of DePaul projects there has been nothing but positive feedback he said, including West Seneca, which he said saw an increase in property values around the DePaul project there.

"We had a press conference in Rome this morning where 80 people showed up thanking us for coming and every single City Council member came up and thanked me for developing there," Fuller said. "We have a lot of projects across the state. We get calls all the time, so I think I’m going to put my energy into communities that want the redevelopment and investment."

The housing is needed in Batavia, Fuller said, because currently the people who might live in the complex are stuck in substandard housing for their needs or unable to live independently because of the lack of adequate housing for their needs. The market for this housing is very different from standard rentals, he said, and wouldn't be competition for existing landlords.

Fuller's comments came after a lengthy City Council session that included public comments both for and against the project and remarks from council members who both supported and opposed letting DePaul build on the property.

The nay votes came from Bob Bialkowski, Paul Viele, Kathy Briggs, Al McGinnis, John Canale, and Council President Eugene Jankowski.

Many of the DePaul supporters were clients of DePaul or otherwise associated with the organization.

Quentin Call said that DePaul has been an asset to every community where it has built a project and that even though it's a nonprofit, through a special Payment In Lieu of Taxes arrangement, DePaul will increase funding for the city over the property's present commercial use. 

"I’m not sure if any industrial uses have been proposed for the property, however in regards to the PILOT program, any industrial facility that might come in would be seeking that designation as well," Call noted.

Pastor Marty Macdonald, from City Church, and himself a local landlord, said he believes, based on his experience as a landlord and pastor of a large church, that the community needs the additional handicapped accessible housing from DePaul.

"I’m going at this from a humanitarian position, but business side as well, that there is a need for housing and there is going to be a greater need for housing," Macdonald said. "Batavia will not stay the same as it is. There are too many great things going on. I’m thankful for that and I hope you are, too."

Batavia resident John Roach was among the speakers casting doubts on the need for more apartments in Batavia. He said including DePaul, there are an additional 180 to 190 apartment units currently on the drawing board for Batavia.

"You’re already going to have one 100 new apartments in areas that are already zoned for it," Roach said. "We don’t need these 80 rooms."

George Gallegher said something industrial or commercial should go on the property, not apartments run by a nonprofit.

"This isn’t the best use of our land resources that are capable of generating tax income," Gallegher said. "Now they want to add two more tax exempt PILOT programs again right on Main Street. The people that I talk to who are well versed in where properties should be and how they should be used, they said that’s not very smart."

John Gerace argued the property should remain zoned industrial.

"The City Manager apparently must be clairvoyant to say that there will never be any development on that property that is industrial," Gerace said. "Who knew what happened in the city years and years ago --- what’s going to happen down the road a year from now, two years from now, and what that property could be used for and on the tax record."

DePaul, he said, like anybody else, was just looking to make money.

"DePaul is going to receive dollar for dollar tax credits," Gerace said. "That’s $25 million in tax credits. Why do they want to build this? Because there’s money in it. And yes, will it serve a purpose for our community, absolutely, and I’m all for helping our seniors, our veterans, our needy folks. This is not the project for it, unfortunately, and it should not be here in Batavia. I don’t know why it’s not in Le Roy."

It's not clear where Gerace is getting the $25 million tax credit figure. There's no public document available to support the assertion. Also, there already is a DePaul project being considered for Le Roy.

When it came time for council members to address the issue, Councilwoman Patti Pacino spoke up first and said as somebody about to turn 70, her need for a place to live such as DePaul is only about a decade away. She said her and her husband, a disabled veteran, will want a place with the ease-of-access the DePaul project was offering and that currently there isn't an adequate supply of such housing in Batavia.

"You know what, I don’t want to live in Le Roy," Pacino said. "I don’t want to live in Stafford. I don’t want to live in the Town of Batavia. I want to live in the city I grew up in and I helped make better in any number of ways, working with children, church organizations, City Council.

"There are lovely apartments here if you happen to be a young person," she added, "but guess what guys, all the sudden you look in the mirror and you’re looking at your mother’s face and her hand is coming out your sleeve."

She said she favored tabling the resolution until the city completes its comprehensive plan and the county completes its housing study so the council could make a decision with more information available. The motion to table failed on a 4-5 vote.

Councilman John Canale also supported tabling the resolution, but ultimately voted against the rezone, saying it was one of the hardest decisions he's wrestled with in four-and-a-half years on council, but it was what his constituents wanted.

"I feel that at this point I just can’t support this because I know we wouldn’t be sitting here talking about rezoning if DePaul hadn’t come froward with this project," Canale said.

Councilman Adam Tabelski spoke at length about the rezoning issue, arguing that dropping the industrial zone designation was the only reasonable approach the council could take.

"That (industrial zoning) is very difficult to justify in my opinion when nobody is out marketing it as such," Tabelski said. "The fact is, industrial development has not had a history at all at that site. In fact, as Councilman (Bob) Bialkowski mentioned, its history has been residential and commercial. If we are waiting for some factory to be built on this location, we’re waiting for a ship that is never going to come in."

Tabeliski noted that nearly every property to the east of the three parcels is currently residential and all the properties to the west are commercial.

"Across the street, you have an ice cream shop, a gas station, a car wash and an auto parts store," Tabelski said. "It makes no sense to me how a C2 designation is somehow out of character with that immediate neighborhood."

He said keeping the property zoned industrial is just inviting something out of character, that will upset area residents, to be built on the property. The council should listen to the city's own planning board, which recommended rezoning, and the County Planning Board, which also supported the rezoning.

"These are the experts who are supposed to guide us on land use, both in the short term and the long term, and to ignore their expertise and experience does them and us a big disservice," Tabelski said. "We have a reputable developer knocking on our door willing to invest $25 million in our community and our goal is to create opportunities for our residents. I think we need to welcome it."

Jeffery M. Brodsky, 45, of Morrow Road, Hilltop Acres, Covington, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Brodsky is accused of providing cocaine in both Genesee and Wyoming counties. He is accused of selling cocaine to an agent of the Local Drug Task Force in Genesee County on two occasions. He was jailed pending a bail review.

Travis L. Bartz, 21, of Trumbull Parkway, Batavia, was arrested on a warrant while being held in the Genesee County Jail on unrelated charges.

Devon D. Rogers, 30, of Pearl Street, Batavia, is charged with harassment, 2nd. Rogers was allegedly involved in an incident reported at 1:50 a.m., May 2, on Pearl Street, Batavia.

Amanda L. Dixon, 31, of Oak Orchard Road, Albion, was arrested on a warrant for alleged failure to appear. Dixon allegedly failed to appear in City Court on a traffic violation. She was arrested by Medina PD and turned over to Batavia PD. Dixon posted $500 bail and was released.

Kimberly M. Douglas, 35, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to appear. Douglas allegedly failed to appear for a previous court date.

Michael Adam Jude Salter, 36, of North Service Road, Beamsville, Ontario, Canada, is charged with petit larceny and harassment, 2nd. Salter was allegedly involved in a domestic incident at 2:19 a.m. on May 1.

Garrett A. Jurewicz, 19, of Crittenden Road, Akron, is charged with DWI, driving while ability impaired by drugs, criminal possession of a controlled substance, unlawful possession of marijuana, and driving left of pavement marketings. Jurewicz was stopped at 2:30 a.m. on West Main Street Road, Batavia, by Deputy Howard Wilson.

Jacob Anthony Hazzard, 22, of Hudson Avenue, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, unauthorized stickers on rear window, insufficient tail lamps, and unlicensed operator. Hazzard was stopped at 9:59 p.m. Saturday on Drake Street, Oakfield, by Deputy Micheal Lute.

Brett Nelson Magoffin, 41, of Genesee Street, Pembroke, is charged with assault, 3rd. Magoffin is accused of assaulting another person during a dispute at 5:01 p.m., Thursday.

Michael Evan Wilson, 23, of Macedon Center Road, Palmyra, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, speeding, and unregistered motor vehicle. Wilson was stopped at 3:06 a.m. Friday on Lake Street Road, Le Roy, by Deputy Ryan Young.

A 17-year-old resident of Telephone Road, Pavilion, is charged with unlawful possession of marijuana. The youth was charged following an investigation into a reported suspicious condition in the parking lot of Alexander Deli in the Village of Alexander by Deputy Eric Meyer.

Linda Eileen Grimes, 52, of Transit Road, Elba, is charged with endangering the welfare of a child and unlawful imprisonment, 2nd. Grimes is accused of physically preventing a 13-year-old from leaving a room in a residence in Byron and of allegedly touching the youth inappropriately.

Darrel T. Wilder, 29, of Bates Road, Medina, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to notify DMV of address change, drinking alcohol in a motor vehicle on a highway. Wilder was stopped at 11:45 p.m. April 29 on Route 33, Stafford, by Deputy Kyle Krzemien.

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.