The Kiwanis Club of Batavia will host its 60th annual Pancake Days on Saturday, Nov. 4, from 7 a.m. to 2 p.m. at St. Joseph School in Batavia.

Tickets are $6 for an adult and $4 for children and seniors.

This fundraiser helps the Kiwanis Club support local youth organizations and helps events such as the Easter Egg Hunt at Centennial Park, the Thanksgiving morning skate at Falleti Ice Arena and the Holiday Tote Project. 

Pictured: Ben Landers, bottom left, Riley Yunker, Summer Campopiano, Kaitlyn Landers, Sofia Falleti, Mary Case, Matt Landers, Jeannie Walton, Gary Maha and Susan Maha. The St. Joe's students are members of K-Kids.

The missing vulnerable adult from Leicester, Starrlita Smith, has been located, according to the Livingston County Sheriff's Office.

There was no information released about the condition of the 21-year-old woman nor the circumstances of her disappearance. 

Previously: Genesee County added to search area for missing vulnerable adult

There are reportedly minor injuries after a motorcycle struck a cow in front of 2225 Bennett Road, Darien.

Darien fire and ambulance responding.

The 2018 budget County Manager Jay Gsell is filing contains a property tax rate increase of six cents, to $10.13 per thousand of assessed value.

The manager's budget only becomes law if the County Legislature fails to pass a budget before the end of December.

At a meeting of the whole yesterday, no member of the Legislature expressed outright support for the increase and several said they oppose it and want to hold the rate at $10.07.

To do that, legislators will need to appropriate another $186,000 from reserve funds or find an equal amount of spending to cut.

Gsell's budget already calls for spending down the reserves again by $1 million.

“We’ve got the money, we should use it," said Chairman Ray Cianfrini. "I don’t think we should be hitting the public with another tax increase. Right or wrong, I think they think perception-wise that the Nursing Home money is money we have to apply toward this. I’m just throwing that out as my recommendation.”

Legislator Marianne Clattenburg said, “You’ve got to remember, people’s assessments went up, so their taxes are already going up.”

Both John Deleo and Ed DeJaneiro expressed opposition.

"I don’t think I could vote for a budget unless we went to $10.07," DeJaneiro said.

Now that Gsell has submitted the manager's budget, legislators will have two weeks before a public hearing to make their suggestions for fine-tuning the revenue and spending plans.

The county's spending plan for 2018 calls for a total expenditure of $130,180,842, which will be paid for by a combination of state and federal reimbursements and local property and sales taxes along with miscellaneous fees and use taxes.

The property tax levy under Gsell's plan is $29,492,783. That's an increase in the levy of $268,120, which is within the state's two-percent tax cap mandate.

That mandate is being made tougher by Albany. The Raise the Age law passed earlier this year -- which will bring more 16- and 17-year-olds accused of crimes into the Family Court system -- was written to withhold funds for reimbursements for additional expenses from the law to counties that fail to hold the line on the two-percent cap.

This is also the first year the county is not saddled with the expense of the Genesee County Nursing Home, with its 160 jobs (full-time equivalents) and $16 million budget, which was draining as much as $2 million from local taxpayers each year.

There remain 540 FTEs on the county's books. Personnel is the largest expenditure for the county, but the pressure of the expense has been mitigated the county's share of the state's pension program remaining flat for 2018, more employees falling under Tier IV of the pension program, and the cost-savings success of the county's health coverage program, which now has employees contributing 10 to 20 percent of the premiums.

Unfunded state-mandated expenses continue to eat up a good portion of the tax levy. The 8-9 programs cost local taxpayers $22,315,765, or 76 percent of the levy. Medicaid is $9.4 million of that expense.

In all, Department of Social Services provides health aid to 12,500 senior citizens, children and adults in need at a cost of $95 million (most of which is covered by State and Federal expenditures).  About 60 percent of the expenditure is for long-term nursing care.

Other unfunded mandates include indigent defense, pre-K/elementary handicapped education services, probation, mental health, the jail, Safety Net, family assistance, child welfare and youth detention, according to Gsell's budget message.

Another mandate Gsell knocks in his message is the requirement from Albany that counties give raises to district attorneys. On April 1, the DA's salary will go up to $193,000 and there's nothing local elected officials can do about it.

"This is merely a reflection of the unilateral and paternalistic attitude of Albany and the disregard for local county government fiscal constraints," Gsell said.

The most significant personnel change in the budget is the addition of a compliance officer, who will report the county manager and oversee compliance with state and federal regulation related to the more than $11 million in grants the county receives so that revenue isn't inadvertently jeopardized. 

"(The position) has been strongly recommended by our outside/consulting corporate compliance attorney and our independent auditors," Gsell said.

As for proceeds from the sale of the nursing home, DeJaneiro wanted to know if the state could mandate what the county does with the money. Gsell said that is one thing the state leaves entirely up to local discretion.

There are still accounts to settle related to the nursing home, so the final total of the proceeds (profits) from the $15 million sale is not yet available, but whatever the amount, it will likely be placed in the capital improvement fund.

DeJaneiro suggested it go to help pay for repairs to roads and bridges and Gsell said that is one possibility, but the county is looking at the state soon requiring the county to build a new jail with a potential price tag of $43 million.

As expenses continue to go up every year in a county budget that for years has held the line on tax increases and cut personnel and services year-after-year, one concern for legislators about the tax cap is if they don't raise the property tax by six cents, then the amount they can raise taxes in future years if dire circumstances require it is diminished.

To get around this Legislator Bob Bausch asked if the county could raise the rate by six cents and then on the tax bill immediately turn around and rebate property owners the six cents per thousand, thereby increasing the total amount of the levy without actually taking more from taxpayers.

"I think it’s sort of a gimmick," DeJaneiro said.

Bausch replied, "Of course it’s a gimmick. The whole thing is a gimmick," meaning the state's arbitrary tax cap.

"Fight gimmicks with gimmicks," Legislator Andrew Young observed.

No vote was taken on the budget. There will be another budget discussion next Wednesday.

Police have been dispatched Vine Street, Batavia, for a chicken crossing the road.

No word on why the chicken is crossing the road.

UPDATE 6:40 p.m.: Responding officer: "Do we know why it's crossing?" Dispatcher: "I guess to get to the other side." The location is 116 Vine St.

While law enforcement searched for somebody identified as a possible warrant suspect this afternoon in the area north of the Thruway near Route 98 in Batavia, this dog was hanging out in a farm field in the search area. 

There's no indication the dog was associated with the subject of the search. It was just laying there, a couple hundred yards from Route 98, watching, until it wandered off in an unknown direction.

More than 7,000 police officers, including ones from the Genesee County Sheriff's Office, Batavia PD, and Le Roy PD, lined the streets off Buffalo on Wednesday, saluting fallen comrade Craig E. Lehner, a Buffalo K-9 handler and member of underwater recovery team in Erie County who died two weeks ago during a training exercise.

“The most striking thing was to see his mother step out of the car, look left and right and up and down, all she could see were police officers on the streets, lined up, saluting her son,” said Chris Erion, Genesee County Sheriff's Deputy. “She just stopped, and her mouth opened.”

Lehner, 34, went missing on Oct. 13 in the Niagara River during a training exercise, after he failed to resurface. More than a dozen agencies joined forces, including the Coast Guard and Canadian Port Authorities, to find Lehner. His body was recovered five days later near Strawberry Island, about two miles from where he disappeared.

Erion said the experience was something he could not articulate.

“You can’t replicate it and you can’t put words to it,” Erion said. “You really can’t adequately describe it, when you’re a part of it.”

Erion met Lehner through a K-9 training group with the Niagara Regional Police Service in Ontario, Canada. They met a year ago and got to know each other during regular training sessions, twice a month. A couple weeks before the accident, Erion trained with Lehner and a couple other handlers for a week straight with the dogs.

“You have a group of people you train with regularly and get to know each other’s dogs and each other’s personalities,” Erion said. “He was a good guy. He was a good human being."

Lehner had the nickname of “the surfer” because of his laid-back attitude. Until it was time to work, then he hustled, Erion said.

“He was a very laid-back guy who treated everybody right,” Erion said. “But when it was time to get serious, he got serious.”

Erion said the funeral had a different tone because everyone was worn out and worried for so long.

“It was a little bit different because it wasn’t a single, quick incident that took him,” Erion said. “It was a long process, over five days they were looking for him.”

More than 8,000 people, officers, and members of the community attended the funeral at the KeyBank Center, sending Lehner on his way and supporting his family.

“I’d like to say I was surprised, but knowing Craig’s personality, I’m not,” Erion said. “He attracted people from all different walks of life. He let everybody in. He didn’t care what you were made of, he was a friend to a lot of people.”

Photo: Le Roy police officers after returning from the funeral detail. Photo submitted by Greg Kellogg.

(Police mug shot of Joshua Gurto.)

State trooopers and Sheriff's deputies, and a canine unit from each agency, are scouring the area around exit 48 on the Thruway for a man a caller described as looking somewhat like the suspect wanted in Ohio for raping and murdering a 13-month-old girl on Oct. 7.

They have been on scene around the Batavia exit for about an hour.

The man is said to be bearded and wearing a hoodie and he's on foot, having been spotted north of the exit 48 overpass, then crossing where there's a strip of concrete median and heading west.

It's unknown if he is actually the suspect, who is Joshua Gurto, a 37-year-old from Conneaut, Ohio.

UPDATE 2:48 p.m.: BOCES was put on lockdown during the manhunt, but that has now been lifted. The search is expected to terminate soon.

UPDATE 2:50 p.m.: Gurto is described as a 5-foot-10, 145-pound male with a deformed right ear, misaligned jaw and tattoos on his right forearm. The person spotted earlier this afternoon in Batavia so far has not been located.

UPDATE 3:03 p.m.: Law enforcement is preparing to leave. The pedestrian was not found.

Press release:

Today Congressman Chris Collins (NY-27) released the following statement after voting in support of the Senate-passed budget that paves the way for tax reform:

“Passing the budget was essential to getting tax reform completed without the threat of a Democratic filibuster in the Senate. We have set the stage to pass a tax reform bill that will drop corporate tax rates, put the United States on an equal playing field with the rest of the world, and lower the tax burden on small businesses. My colleagues and I are committed to sending President Trump a tax reform package in the coming weeks that will lead to explosive economic growth, create jobs and put money back in the pockets of working families.”

The budget passed 216-212. Here's more from the Washington Post.

A Mercy medic is requested to the scene of a semi-truck vs. car accident on Route 77 in front of the Flying-J to evaluate possible injuries to a 4-year-old child and an 8-month-old baby.

No serious injuries are reported.

Besides Mercy EMS, both Pembroke and Indian Falls fire departments dispatched.

Press release:

After consultation with the Mayor and Highway Superintendent, the Chief of Police is delaying enforcement of the overnight parking ban until Wednesday, Nov. 15th.

The overnight parking ban was originally scheduled for Nov. 1st.

The Village reserves the right to implement the parking ban sooner should the weather conditions change.

Jimpce Jay Etienne, 41, of Warren Street, Batavia, is charged with harassment, 2nd. Etienne allegedly repeatedly punched another person in the face during an incident reported at 12:30 a.m. Sunday at a location on Warren Street. He was jailed on $950 bail.

Giancarlo A. Miranda, 19, of Clipknock Road, Stafford, is charged with criminal possession of a weapon, 3rd. Miranda was allegedly found in possession of a switchblade knife while at County Building #1 at 4:07 p.m. on Tuesday.

Michelle L. Misiak, 52, of Fisher Park, Batavia, is charged with petit larceny. Misiak is accused of stealing an alcoholic beverage from Southside Deli at 11:46 a.m. Saturday.

Carlton Lynn Beardsley, 22, of Walnut Street, Batavia, was arrested on a warrant. Beardsley was wanted on a warrant out of Batavia City Court.

William A. Andrews III, 38, of State Street, Batavia, was arrested on a warrant. Andrews allegedly failed to comply with court-ordered programs. He was jailed on $2,500 bail.

She's been missing since Monday night when she wandered away from her parent's home.

Authorities said Starrlita has the mental capacity of a 6- to 12-year-old child.

She is described as white, five-foot-five, 120 pounds with short brown hair and brown eyes.

The search area now includes the counties of Allegany, Cattaraugus, Cayuga, Chautauqua, Chemung, Cortland, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Tioga, Tompkins, Wayne, Wyoming, and Yates.

If you have any information you are asked to contact the Livingston County Sheriff’s Office at (585) 243-7100.

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City fire responded this evening to a semi-truck fire at 317 Ellicott St., Batavia.

The fire was quickly extinguished.

Photos by Frank Capuano.

The biggest Christmas lights display in Genesee County is going dark for 2017.

Jim and Connie DiSalvo, who live at 9180 Fargo Road in Stafford, are simply taking a break.

"We're going on hiatus, this would have been our 20th year," Jim DiSalvo said. "We usually start preparing in late September and early October. We're planning on having them back next year -- bigger and better."

That's quite a statement considering that over the years they have ramped up the spectacle to include more than one million light bulbs, more than 300 characters, and an underground network of electrical cables crisscrossing the property that, if stretched out end to end, would span two miles. 

Not long after making their decision, wouldn't you know it, the national limelight beckoned.

Producers for the seasonal ABC network TV show "The Great Christmas Light Fight" contacted the DiSalvos months ago about being featured on the popular reality series of Christmas lighting one-upmanship. In it, select families across America are followed as they turn their properties into illuminated beacons of all things Christmas. The winner gets a lot of money.

Nonetheless, the DiSalvos stuck to their plans.

Maybe they'll get another shot at the show another time, maybe not.

But fleeting fame, fierce competition, and certainly not the lure of prize money, have ever been the point.

People, particularly littles ones, are why they've kept it going all these years.

"Last year was the biggest ever, some nights more than a thousand came here," Jim DiSalvo said. 

Families meandered for an hour or two around all the displays, walked along the lit paths, across the bridges spanning the streams, and down the illuminated hillsides.

And Kids' Night is held on the second Tuesday in December. The couple's son, Sam DiSalvo, serves on a Boy Scout committee that organizes hundreds of Boy Scouts, Girl Scouts, Cubs and Brownies to visit Santa and Mrs. Claus there, in person. Every child receives a toy.

"It's a lot of fun," Jim said in a 2008 wintertime interview with The Batavian. "There is nothing I enjoy more than walking outside on a night like this and seeing the cars and the people. It was all for the kids."

It's also a lot of work.

All of the planning, implementation, maintenance, storage, organization takes great time and effort.

As they begin to gear up for the year's light show early each fall, they unpack all the precisely stored strings of lights, which are tested before being put away at the end of each season. 

By Oct. 24, the lights are all out and retested. Electrical outlets are staked by boulders and nearly every tree.

"This would have been an easy year, we have a great fall," Jim noted.

Between four and six men are put to work setting things up.

The crew gets busy decorating a half-mile of acreage from the top of one hill along the little valley to the opposite hilltop, which is named "like English houses are named" -- in this case "Swallowvale" after the swarms of insect-eating swallows that descend on the DiSalvos' 160 acres of land a couple of months each spring like clockwork.

Batavia High Schoold kicked off its monthly "Lunch with a Pro" series today, with the first career-minded guests coming from the Batavia PD.

Lunch with a Pro, organized by Anita Strollo, is a chance for high school students to learn firsthand from people in the community about different career opportunities.

Today, students who took time out during their lunch period, enjoyed pizza while touring the department's emergency response vehicle and talking with officers about what it takes to become a police officer and what it's like once you make it.

The attorney for a defendant accused of assault in the first degree stemming from a stabbing on East Main Street, Batavia, in July, has requested three hearings to challenge some of the evidence against his client prior to any jury trial.

JW Hardy III, 30, of 216 Liberty St., Batavia, is charged with assault in the first degree and gang assault, 1st.

Attorney Marty Anderson is seeking a Huntley hearing, a Wade hearing, and a Mapp hearing.

A Huntley hearing is pretty common in criminal cases that might go to trial. It's a chance for the defense to determine if statements made by defendants while in custody are admissible at trial.

Wade and Mapp hearings are far less common.

A Wade hearing is used to determine if a suspect identification by a witness, such as through a photo line up, as used in this case, was handled according to correct procedure.

At a Mapp hearing, the defense challenges evidence gathered during the investigation to ensure the defendant's Fourth Amendment rights were not violated, that investigators had sufficient probable cause to proceed.

District Attorney Lawrence Friedman asked that the Wade hearing be delayed until a day before the trial date in order to protect the witness from threats or intimidation. 

The suspect, Hardy, nor his co-defendant, Anthony Spencer Jr., 26, of Columbia Avenue, Batavia, know the identity of the witness at this stage of proceedings.

Hardy and Spencer are both accused of assault, 1st, and gang assault for allegedly working in tandem to beat and stab a victim July 18 at a location on East Main Street.

Officer Arick Perkins is credited with saving the victim's life.

Judge Charles Zambito reserved judgment on when to hold the Wade hearing. The other hearings are scheduled for 2:30 p.m., Nov. 22.

Hardy is out of jail pending further court proceedings.