batavia

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.

Are you ready for a resurgence in Batavia? It's coming.

Well, at least Resurgence Brewing Company of Buffalo is coming.

The popular Buffalo-based brewery is going to be part of the revitalized and rebuilt Ellicott Station (the former Della Penna property) on Ellicott Street on the edge of Downtown Batavia.

"We're obviously ecstatic about the project and seeing it come to fruition," said City Manager Jason Molino. "We're incredibly excited about Resurgence, a reputable brewery coming to the community and bringing a new, kind of niche beer, sour beer. I think it's going to help complement what we're trying to do downtown, bringing in more dining and entertainment options for people."

We've known for a long time that Ellicott Station would include a brewery and brew pub. What we didn't learn until today is that the company moving into the space would be a brand that has rapidly grown in popularity in Buffalo.

Resurgence will open a restaurant, a brew pub and beer garden that will serve their full line of beers, and a brewery that will produce sour beer, a kind of beer that has only recently started to reach the East Coast market.

Because its brew process is different and the yeasts involved can't mix with the other brews, Resurgence was looking for a location separate from their current Buffalo location.

In fact, Batavia had been on the map for Resurgence owners Chris and Jeff Ware for a long time, according to developer Sam Savarino. Savarino said he had heard the Wares had been looking at Batavia as a possible location for a brewery if not a restaurant and pub. After his company won the RFP for the Ellicott Station project, he contacted them and a deal came together very quickly, he said.

"They’re good people," Savarino said. "They’re dedicated to their craft and they care about the product they produce. That’s evident to anybody who has bought their products or visited their premises in Buffalo. As far as a brewer or retail tenant, they are a very good bet."

The Resurgence name comes from the founders' own belief in the resurgence and renaissance of Buffalo, which they've been a part of over the past several years.

Jeff Ware, company president, sent over a statement about how pleased the company is to find a location in Batavia.

"Resurgence Brewing Company is excited to announce their new brewing and biergarten location in Batavia," Ware said. "The brewery will anchor Savarino's Ellicott Station Development and help with the revitalization of downtown Batavia. With the help from New York State from Homes and Community Renewal (state pass-through of the Community Block Development Grant money mentioned below), we will be able to move project one step closer to reality."

Savarino got involved in the project after a third party told him about Batavia looking for proposals to redevelop the Della Penna property and that Savarino Companies might be a good fit.

The company has been involved in a number of revitalization projects in Buffalo. They redeveloped several buildings in the Cobblestone District of Buffalo, renovating buildings and developing mixed-use projects. They redeveloped 500 Seneca Street, a large factory converted to mixed use. They also redeveloped River Landing in Buffalo, which was a brownfield project.

Savarino said when he looked at the Della Penna property, he checked off the qualifications: A distressed property with possible environmental contamination; a distressed census tract with 35 percent unemployment; a median income that is 50 percent of the area's median income; on the edge of a downtrodden downtown. 

"I joked with my friends that it had several strikes against it, so it's just the kind of project we like to take on," Savarino said.

The project will be more than just a restaurant and brewery. There will also be office space -- Savarino said he's in negotiations with possible tenants that he can't disclose yet -- and a 47-unit, four-story apartment complex.

The apartments will be especially great for Downtown, Molino said. Not only will tenants be just steps from Resurgence, within a block's walk are dining and drinking options such as City Slickers, Bourbon & Burger Co., O'Lacy's Irish Pub and Center Street Smoke House, Main Street Pizza Co., and T.F. Brown's.

"Those 47 market-rate apartments fit the demand we're seeing for living downtown," Molino said. "People want to live in downtown areas, whether it's Millennials, seniors or empty-nesters. They have overlapping interests."

Much of what we see on the Della Penna property will be demolished, Savarino said. The front of the Della Penna main building is too far gone to save and the garage to the east of the main building isn't structurally sound and is beyond repair. The main production area of the Della Penna will be restored, and that area is a perfect fit for what Resurgence plans to do, both for its size and design characteristics.

"It's important to have some link to the past," Savarino said. "It wouldn't be the same without that link. It makes the site unique to have a little bit of Batavia's past as a part of it."

Resurgence, combined with the new food establishments, brewery, and apartments going into the former Newberry building, he said, hit key redevelopment goals for Batavia.

"It really completes the project of living in a revived downtown," Molino said.

To help move the project along, Genesee County Economic Development Center is using money from the federal CDBG program. The $15 million project will receive $210,000 that will be half loan and half grant if project requirements are met. The restaurant and brewery are expected to create 15 full-time equivalent jobs, three-quarters of which will go to low- and moderate-income residents.

Getting the project to this point has been a long haul, said Julie Pacatte, coordinator of the Batavia Development Corporation.

"We've been talking about this project for a long time and people have been waiting for some movement," Pacatte said. "I think it just shows how long it takes to get things lined up before we can go public with an announcement."

Financing for the project is coming from several sources, Savarino said, and he expects financing to close in July. Construction should begin by August and Resurgence should open its doors during the first quarter of 2018.

The way the project came together, Molino said, with the involvement of the City School District, GCEDC, the county, BDC, and the City, it's really a model for how revitalization projects can be handled when everybody works together for a common goal.

"It was great work from everybody involved with great support from Resurgence," Molino said. "When you talk about how projects come together, it's really a model for best practices of the collaboration of the different entities involved.

The "heartfelt dedication" local officials had for the project was notable, Savarino said.

"I can’t say enough about working with the City of Batavia and the Batavia Development Corporation," Savarino said. "It’s quite unusual to have that level cooperation and to be working on the same side of the table with people like that."

Molino was pleased to hear the praise.

"That's what we're trying to say with the '$100 Million I'm All In' initiative," Molino said. "We want to give people the experience of great service. We want people to say, 'I can't imagine doing business anyplace other than the City of Batavia. His comment just reinforces what we're trying to say and do to make the experience great for people."

Four-year-old Layla Holbrook, with her mother Amanda, talks with a nurse about the care of her stuffed companion during the Teddy Bear Clinic at UMMC's Cary Hall facility today.

Preschool, kindergarteners and first-graders were able to attend the event with their favorite stuffed toy and learn about medical care through several interactive stations. After registration, the children went through the clinic set up to resemble hospital departments such as the emergency room, radiology and dietary. If necessary the “patient” received a bandage, cast or stitches. 

Many of the doctors and nurses were high school seniors from throughout the county enrolled in the Health Career Academy, a college-credit program that gives the seniors a chance to learn about every aspect of the healthcare career field.

Also participating were staff from UMMC, members of the United Memorial League, United Memorial Guild and Mercy EMS.

Logan McAndrews was watching a doctor give stitches to a friend's stuffed dinosaur.

Amy Miller talks about a hospital bed and a stay at a hospital.

Automotive techs are in demand and the demand is growing, according to Peter DeLacy, owner of DeLacy Ford in East Aurora, which is why the WNY Ford Dealers started a program three years ago to donate cars with "real world" experience to local high schools.

The goal is to help and encourage high school students with an interest in auto repair to stick with it as a career choice and gain valuable experience working on cars with some of the last technological advancements.

"They're often working on 15-year-old cars and there isn't much interest in working on cars that don't have the latest technology," DeLacy said.

Yesterday, the dealers donated at 2014 Ford Fusion to the automotive shop at BOCES.

"We rely on donations like this in order for our kids to get the best training possible so that when they leave school, they can go right out to the workforce and do the best they can," said BOCES in Batavia Principal Jon Sanfratello (speaking at the podium in the photo above).

The dealers pool their resources to acquire cars from Ford Credit that have come out of the lease program. Delacy said auto teachers want cars with some mileage on them and in need of some maintenance, not brand-new cars, for their students to work on. Once the dealers have ensured all auto shop programs in the region have cars, they will start a three- or four-year rotation process of providing newer slightly used vehicles to the schools so students always have close to the latest technology at their fingertips.

There isn't much about a Ford or a GM or a Toyota that is so proprietary that a student can't learn a broad range of applicable skills, regardless of which car it is, Delacy said. Many car components, and the technology today that enables and manages them, are built to government-mandated specifications, so when a tech hooks up a diagnostic computer to a car, the readout is the same regardless of the make or model.

"The diagnostic codes, how you access the primary powertrain control module, how you do all of these things is pretty much the same for all manufacturers," Delacy said.

The goal for the Ford dealers, of course, is to ensure as many young techs come out of high school and two years of college with an interest in working at Ford dealerships, but as long as there are more techs in the market, it's better for everybody.

"The technicians we have now, they’ve put their time in and they want to retire," Delacy said. "There’s not a big pool of talent to choose from, so knowing that the Ford dealers of Western New York, including myself, decided to ask, ‘where do we get technicians? How do we get them interested?’ Because a lot of people don’t want to get into that. They want to be other things and this is a very good pay program when you get into the dealership level."

It's a good career choice, Delacy said, because it's stable, it pays well and dealership jobs are good jobs, and since the only college required is couple of years at a community college, so the career makes sense financially.

"The great part is it's not a huge investment," Delacy said. "They don't have student loans to pay for five or 10 years. They’re out in the real world, earning real money, keeping their money and investing it, so we’re on the ground floor of great opportunity, allowing students to get a good education and they’re ready to go when they get out of college and they don’t have a huge debt load, so it’s a win-win-win for everybody."

Jury selection will take place Friday for the trial of a convicted child predator who is facing possible life in prison if convicted of new sexual assault charges.

Marlek E. Holmes will be tried on several charges, including two Class A felonies, predatory sexual assault and predatory sexual assault against a child.

The 42-year-old Holmes was arrested in the fall and has been held without bail because of the potential life term and his five prior felony convictions, including two violent felonies, and five prior violations of terms of probation.

While in custody, he also allegedly damaged jail property and was charged with criminal mischief. 

The Level 3 sex offender, who has also been accused of failure to register a change of address, was in court today for a pre-trial hearing where Judge Charles Zambito discussed with the attorneys a motion by defense attorney Fred Rarick to gain access to documents from another court proceeding. The documents are sealed by court order.

Zambito said he isn't convinced that Rarick has a legal right to the documents, especially to use them in the manner he intends to use them.

Rarick said he doesn't intend to introduce any of the actual documents as evidence, but would use the information gleaned from them during cross-examination of a witness.

Rarick also moved to have two charges dismissed since they are included and concurrent with other charges. Zambito said he motion was premature and he would reserve judgment until the appropriate time during the proceedings.

The trial is expected to begin Monday with witnesses being called through Wednesday.

The NY Thruway reported to dispatch that someone spotted a car off the roadway into a pond in the area of 3323 Harloff Road, Batavia. Town of Batavia East Pembroke fire is dispatched.

"It is in a very wet area of the swamp," by the Thruway, which is the easiest route to access the vehicle.

"It's not totally submerged..." says a first responder.

Press release:

The Genesee County Economic Development Center (GCEDC) and the Gateway Local Development Corporation (GGLDC) Board of Directors will consider taking action on three projects at its meeting on May 4 in the Innovation Zone board room on 99 Medtech Drive, Batavia, starting at 4 p.m.

The Board will vote on whether to approve incentives to Genesee Valley Transportation for the proposed expansion of the company’s cross dock facility. The $1 million capital investment will expand the 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.

Two companies are seeking to tap into the GGLDC’s revolving loan program. Batavia Brewing Company, located in the renovated Newberry building in Downtown Batavia, is requesting a $150,000 loan to rehabilitate the second and third floors for high-end apartments as part of a $2.6 million project. The basement will be converted into a brewing room and a bar and restaurant and space for FreshLAB tenants are planned for the first floor.

Liberti, Valvo & Associate LLC, 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, is seeking a $50,000 loan for a $275,000 business project.

The GCEDC Board meeting is open to the public.

One of the four men accused of a home invasion burglary on Central Avenue in October was sentenced to five years in prison this morning by County Court Judge Charles Zambito.

Marquis Saddler entered a guilty plea March 31 to attempted burglary, 2nd, a class D violent felony, and admitted to being a second felony offender.

As a second felony offender, he faced a maximum prison term of from three to seven years.

District Attorney Lawrence Friedman sought the maximum and defense attorney Fred Rarick requested a three-year term.

After Saddler's five-year stint he will be placed on parole for five years.

Cases are still pending for Daniel Gilbert, Adante Davis and Oliver Thomas.

One of four men allegedly involved in a home-invasion burglary in October on Central Avenue, Batavia, was supposed to be sentenced on a guilty plea in that case, but it turns out there is a disagreement between the attorneys in the case on what exactly was in the plea deal given to Daniel J. Gilbert.

At the start of the hearing, District Attorney Lawrence Friedman told Judge Charles Zambito that the agreed upon sentence was a straight-up five years in prison (a determinate sentence).

Zambito turned to defense attorney Thomas Burns and asked, "is that your understanding?"

"That's not accurate," Burns said. "That's not our position at all."

Zambito asked if Burns wished to discuss the plea on the record and Burns said he did not, so Zambito called for a recess and met with the attorneys in chambers.

When he returned he said that Burns would be able to file a position paper with supporting citations, and Friedman would be given a chance to answer.  Because of trial schedules and vacation schedules, Gilbert won't be back in county court for a hearing on the plea, and possible sentencing, until 11 a.m. on June 20.

Asked for more information outside of court on the particulars of the dispute, Friedman said he couldn't discuss it.

The cases for the other defendants, Oliver Thomas, Marquis Saddler and Adante Davis, are still pending.

Press release:

U.S. Representatives Chris Collins (NY-27) and Eric Swalwell (CA-15) kicked off Small Business Week today by reintroducing the Main Street Revival Act of 2017. This legislation will expedite local small business development in underserved areas.

“For America to achieve a high rate of economic growth, government must do a better job creating an atmosphere for small businesses to thrive,” Congressman Collins said. “Small businesses are the engines that drive our economy, and here in Western New York we must do everything we can to ensure they have the tools to succeed. I am glad to partner with my colleague, Congressman Swalwell, as we work to generate tangible economic development and job growth in our communities.”

“Small businesses are at the heart of our communities and economy – we must do what we can to help them grow and succeed,” Congressman Swalwell said. “The Main Street Revival Act helps new small business owners build a strong foundation for future success. Encouraging entrepreneurship nationwide, especially in struggling areas, will help create an economy that can work for everyone, everywhere.”

The Main Street Revival Act allows qualifying small businesses to elect to defer paying payroll taxes during their first year in operation. The deferred taxes would then be paid in installments over the subsequent four years. The option is limited to businesses expecting to hire no more than 25 people in their first year, and that are located in Historically Underutilized Business Zones, known as HUBZones.

The areas in NY-27 that would be eligible for this benefit include: Tonawanda Reservation, along with portions of Batavia, Lockport, Medina, and York. The HUBZone map can be seen here.

Full text of the legislation can be read here.

Press release:

In alignment with declining influenza activity throughout our area, United Memorial Medical Center and its affiliates joined Rochester Regional Health’s other hospitals in lifting visitor restrictions.

People with fever or respiratory illness symptoms should delay their hospital visits until they have been symptom-free for 24 hours.

United Memorial Medical Center’s usual visitation policy is all visitors shall be 14 years of age or greater, except Maternity where the siblings of the newborn shall be permitted to visit with a responsible guardian.

Press release:

The City of Batavia is looking for City residents who are interested in serving on this committee! Submit your application, available on the City’s website, www.batavianewyork.com, under “Documents,” to the City Clerk’s office by May 19^th!

The Audit Advisory Committee was established to provide oversight to the financial and compliance reporting process, external audit process and control environment.

The Committee aids in the communication between the City Manager and the independent auditor in areas including the integrity of the City’s financial statement, compliance with legal and regulatory requirements and the performance, qualifications, and independence of the auditors.

The Committee will be responsible for meeting with the auditors prior to the audit, reviewing risk assessment, reviewing the draft financial statements and making a recommendation on acceptance of the external audit reports to the City Manager. Additional responsibilities include reviewing the management letter and establishing internal controls.

The Committee is made up of five members, two of which are Council members. Thank you for your interest in serving on this committee!

Press release:

The 2017 Empire Cup College Showcase has teamed with Elite Tournaments and U.S. Youth Soccer Region 1 to bring the Eastern Regional League to Batavia. Over the next two weekends (May 6-7 and 13-14) Genesee County will host more than 3,000 soccer players, plus coaches, families and fans, as the tournaments are played at the Batavia Sports Park and Genesee Community College fields.

Historically this tournament draws teams from throughout New Jersey, Delaware, New York, Pennsylvania, Connecticut, and Canada. With this new partnership, the event has shown significant growth and the influx of visitors and the Genesee County Chamber of Commerce estimates that this event will create an economic impact of more than $1.1 million during the span of the two tournament weekends, from both hotel stays as well as visiting local restaurants and shops. The tournament will generate more than 1,200 room nights at area hotels.

This tournament invites all USYSA and U.S. Club Soccer affiliated boys and girls U13 through U19 teams to participate. Players not only get the opportunity to play with and against the top teams in Region 1; they also get the chance to showcase their abilities and talents to recruits at the collegiate level.

The Genesee County Visitor Center will be open to assist visitors in finding local destinations by providing the new dining guide, maps, visitors guide and area coupons from participating merchants.

Gannon D. McNall, 20, of Bank Street, Batavia, is charged with unlawful surveillance, 2nd. McNall is accused of setting up a camera to record a female acquaintance for the purpose of sexual arousal and/or gratification. He was jailed on $5,000 bail. He was also arrested on a warrant for alleged failure to appear on an unrelated incident.

Brandon James Nugent, 23, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, moving from lane unsafely and failure to keep right. Nugent was allegedly found asleep at the wheel of his running vehicle while it was parked on the shoulder of Sweetland Road, Stafford, at 6:28 a.m. Saturday, by Deputy Eric Meyer. When the deputy approached and woke Nugent, he reportedly put the vehicle in gear, drove east on Sweetland in the wrong lane and drove the vehicle off the north shoulder of the roadway. Deputy Meyer completed a field sobriety test and allegedly found Nugent in possession of marijuana during the investigation.

A 16-year-old resident of Trumbull Parkway, Batavia, is charged with petit larceny. The youth is accused of stealing money from a safe inside a residence where he was living at the time.

A 16-year-old resident of Wood Street, Batavia, is charged with harassment, 2nd. The youth allegedly threw scissors at another person striking the person in the back.

Joseph Marsceill, 32, of Lewis Place, Batavia, was arrested on a warrant. Marsceill was located during a home check by Probation and taken into custody by Batavia PD.

Jolynn M. Gorski, 37, of West Main Street Road, was arrested on a warrant for alleged failure to comply with court-ordered program or service. Gorski was jailed on $1,000 bail.

Priscilla M. Donahue, 38, of Liberty Street, Batavia, was arrested on a pair of warrants. Donahue was arrested by Batavia PD after being located in City Court on an unrelated matter. She was released under supervision of Genesee Justice.

Jacob L. Hernandez, 22, of Pearl Street, Batavia, was arrested on a warrant for alleged failure to appear. Hernandez turned himself in.

Elizabeth A. Hicks, 34, of Jackson Street, Batavia, is charged with petit larceny. Hicks is accused of shoplifting at Tops on April 21. She was jailed on $1,500 bail.

Lori A. Keech, 46, of Main Road, Stafford, is charged with petit larceny. Keech is accused of shoplifting from Tops on April 12.

Kevin J. Weber, 46, of Columbia Avenue, Batavia, is charged with harassment, 2nd, criminal obstruction of breathing, disorderly conduct, and resisting arrest. Weber was arrested following a report of an incident at 12:26 a.m. April 23 on Columbia Avenue, Batavia. He was jailed on $2,500 bail.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, is charged with riding a bicycle on a sidewalk, inadequate lights, no bell/signal device. McNear was stopped at 8:12 p.m. April 26 at 10 Ellicott St., by Officer Arick Perkins.

Dander J. Cramer, 18, of Route 46, Dansville, is charged with riding a bicycle on a sidewalk. He was stopped at 8:34 p.m. April 26 at 117 Jackson St., Batavia, by Officer Peter Flanagan.

Gregory M. Munroe II, 29, of Harvester Avenue, Batavia, is charged with driving with a suspended registration and aggravated unlicensed operation, 3rd. Munroe allegedly failed to appear in City Court on these charged.

Lisa M. Burke, 48, of Maple Avenue, Batavia, is charged with petit larceny. Burke is accused of shoplifting at Kwik Fill on Jackson Street.

Haley Marie Findley, 24, of Mt. Read Boulevard, Rochester, is charged with unlawful possession of marijuana. Findley was charged following a traffic stop at 8:40 p.m. Friday on Judge Road, Alabama, by Deputy Micheal Lute.

Jason William Whitehead, 19, of Batavia Oakfield Townline Road, Oakfield, is charged with unlawful possession of marijuana, unlicensed operator, moving from lane unsafely, expired inspection and failure to use signal. Whitehead was stopped at 11:43 a.m. Saturday on Pratt Road by Deputy Michael Lute.

A rollover accident with what is believed to be minor injuries is reported at South Main Street Road and Wortendyke Road, Batavia.

Law enforcement is on scene.

East Pembroke fire and Mercy EMS dispatched.

The Girl Scouts held their second Powder Puff Pinewood Derby at St. Joe's this afternoon.  Local Boy Scouts and scout leaders assisted with setup and running the races.