The prospect of the town’s first property tax levy in more than three decades accomplished at least one thing Wednesday night. It drew an interested crowd to Town Hall.

About a half-dozen residents spoke during what amounted to two public hearings regarding the proposed 2016 town budget, which calls for a property tax levy of $500,000 and a tax rate $1.42 per $1,000 assessed value.

Speakers shared their concerns about the proposed tax levy, complimented the board for its work and asked questions about the budget — questions Supervisor Greg Post welcomed.

But little was offered to change the town’s dismal budget outlook.

“I am open to anything that would do a better job than what we have done,” Post said. “And I would welcome any opportunities to change the metrics and to try to reduce our exposure and still sustain the community.

“The next 30 years are going to be tougher than the last 30,” he said.

Those “metrics” include more than a decade of relying on cash reserves to balance the town budget, combined with decreasing sales tax revenue, stagnant investment income and rising costs.

The result is a proposed 2016 budget that calls for $4.64 million in general fund spending, a decrease of $300,000 from this year. The budget would use $600,000 from cash reserves, which would leave a projected fund balance of $1.4 million.

The public hearing on the proposed budget was Wednesday night. Also on the agenda, was a public hearing on proposed Local Law No. 5, which would override the state-imposed 2-percent cap on property tax increases.

The board took no action on either issue. A work session is scheduled for Nov. 10, and the board will likely vote on the 2016 budget and tax cap override when it meets on Nov. 18, Post said.

Speakers during Wednesday’s hearing said a new tax would be tough to bear.

“We have a lot of senior citizens in our town, that are not going to get a cost of living raise (next year),” said Cheryl Kowalik, of Alexander Road.

And breaking the property tax cap, she said, means those same residents will not receive a property tax rebate check from Albany next year.

“We’ve been conscious of that for a long, long time,” Post said. “It’s a big part of every budget conversation every single year.”

Post said instituting a tax levy was a decision that could no longer be postponed. It’s been the subject of “heated” discussions since budget talks began this past summer.

The proposed budget, he said, is one of three spending plans he’s compiled this year — and it is essentially a compromise.

The first version included no tax levy but would have slashed reserves to a risky level.

The second plan, set aside a more robust reserve fund. But it included a $1 million levy, with a $2.84 per $1,000 assessed value property tax rate.

Ultimately, the board agreed to spend just $600,000 in cash reserves and impose a $500,000 tax levy.

“With the understanding,” Post said, “that we will continue to whittle away the use of the unexpended fund balance, and reduce our spending to the same degree we reduced it this year.”

Bob Zeagler, of Donahue Road, called for more immediate spending cuts.

“Please don’t add more taxes to us already overburdened taxpayers,” Zeagler told the board. “Go back and start cutting and trimming, everywhere and anywhere, with a very sharp chainsaw — raises included.”

Post said the proposed budget calls for pay increases of 3 percent, on average.

Freezing wages might make good politics, he said. But it would make little practical difference in the budget, and would hurt town services. 

“I knew what my job was when I took office,” Post said. “But the responsibility of all of you in this room, and every resident of this town … is to find someone who can do this job better than me, for less money.”

The Town Board schedules work sessions every week, he said, and the Town Hall doors are always open.

“You want transparency in government? We’ve had 500 meetings — no one attends,” he said. “We still have them; no one shows up.”

Residents need to be “watchdogs,” Post said.

“If there is a concern with the level of service any of you have received from any of our staffers,” he said, “I will listen, and we will investigate. Every staffer here — every person that’s employed — starts from zero every year in July and they have to justify their wage and what they do.

"We do absolutely our best to reduce the costs and still attract and retain and encourage people to do more. It’s a delicate walk.”

No one spoke during two additional public hearings scheduled Wednesday concerning water and sewer rates for May 2016 through February 2017.

The proposed sewer rents are $5.62 per 1,000 gallons in sewer districts Nos. 1 and 2. The proposed base water rate is $4.95 per 1,000 gallons and the proposed agricultural water rate is $3.31 per 1,000 gallons.

Down two matches to nil, and down on points midway through the third set, Le Roy rallied in its Class C Section V semifinal volleyball match against Notre Dame to pull out a 3-2 victory and advance to the next round.

The sets went 25-23, Norte Dame, 25-21, 23-25, 15-25 and 21-25.

Photos by David Boyce.

Press release from Bill Davis, Water Department supervisor for the City of Batavia:

On Thursday, Nov. 5th, North Spruce Street in the city will be closed to traffic from East Main Street to Margaret Place for water line repairs. It will be closed for most of the day.

Water may be disrupted on North Spruce Street from East Main Street to Chase Park, including Margaret Place and Eleanor Place.

Work is going to start at 8:30 a.m..

UPDATE 12:35 p.m., Nov. 5: Repairs are complete and North Spruce Street is now reopened.

A car vs. pedestrian accident was reported about 10 minutes ago in Stafford. Mercy medic #3 is dispatched in non-emergency mode along with the Stafford fire. The location is Ellicott Street Road and South Lake Road.

There are a lot of people passionate about local history, and more and more are getting clued into what the Genesee County History Department has to offer, according to Michael Eula, the county historian.

Visits and phone calls to the county's history department have increased to 1,243 so far this year, up from 1,181 a year ago. There are 1,812 volunteer and student projects connected with the department, an increase on last year's count of 1,761. There were 163 requests for genealogies and local history projects, a significant increase over last year's total of 86.

There has also been an increase in donations of artifacts to the department, Eula said. There have been 22 donations so far this year, compared to a total of 15 the year before.

Eula attributes some of the increased interest in the department to a Web site with more information about what's available, but Eula said since becoming director he's made it a point to make the department more visible. He's had booths and displays at numerous community events.

"We encountered a number of people at the Genesee County Fair, for example, who didn't know the department existed and now we're seeing them here because they became interested in coming to see the library and what we have," Eula said.

A few nights ago, Eula spoke to the WNY Geneology Association at its meeting in Buffalo and gave an overview of what Genesee County has to offer searchers and those kinds of events help generate more use of the department's collection, and for genealogy, and more fees for the department.

The artifact donations range from newspapers and family mementos to souvenir Batavia Muckdogs' programs.

"The donations give people more material to work with," Eula said. "This is a very rich county in terms of its history and the number of people who are very passionate about understanding the local history and how it connects to national, wider developments."

A motor-vehicle accident with unknown injuries is reported at 7865 E. Main Road, Le Roy. Le Roy fire and ambulance service responding.

By Tim Bojarski, Batavia Downs Media Relations

On Sunday (Nov. 15), Batavia Downs will be the site for the U.S. Trotting Association District 8 membership meeting, Director election and New York Sire Stakes (NYSS) year-end awards banquet, hosted by the New York State Horse Breeding Development Fund.

All members of USTA District 8 are invited to attend the general membership meeting which begins at 4 p.m. in the Robert J. Kane board room. The agenda includes a discussion of proposed USTA rule changes and other business, followed by questions and answers.

There will also be voting for two Directors' seats that are currently available and polls will open at 4 p.m. If you are not attending in person, be advised that your mailed ballot must be received by the USTA no later than Nov. 11.

At the conclusion of the meeting, there will be a cocktail party held in advance of the dinner that will start at 6:30 p.m. and be hosted by Batavia Downs, Buffalo Raceway, Monticello Raceway, Saratoga Raceway, Tioga Downs and Vernon Downs. Cocktails and hors devours will be available at in the Grandstands Banquet Room, located on the upper level.

Dinner will start at 7:30 p.m. and will also be held in Grandstands.

Shortly after dinner begins, opening remarks will kick off the NYSS awards ceremony and presentations by the USTA and the New York State Horse Breeding Development Fund.

Tickets for the banquet are $30 per person and must be purchased in advance. Anyone purchasing a ticket will also receive $15 worth of "free play" on the gaming floor.

Tickets can be obtained by sending a check (payable to the NYS Harness Horse Breeders) to: NYS Harness Horse Breeders, 12 Avis Drive, Suite 1, Latham, NY 12110 Attention: Betty.

Payment must arrive no later than Wednesday (Nov. 11) and the general public is welcome to attend.

If you need further assistance, please call the HHBNYS at 518-785-5858.

From our news partner, WBTA:

Election results from at least two Batavia City Council ward races will have to wait until next week to be declared final. Results from Ward 3 and Ward 4 are too close to call until absentee ballots are counted, according to GOP Election Commissioner Richard Siebert.

Unofficial results released by the Board of Elections late last night revealed:

Ward 3

• John Canale 111
• Richard Richmond 94

 
Ward 4

• Alfred McGinnis 161
• Pier Cipollone 131

 
This morning Siebert said absentee ballots in both Ward 3 and Ward 4 could change the preliminary outcomes.

In Ward 3, there were 50 absentees ballots issued, 23 have been returned so far.

In Ward 4, 72 absentees ballots were issued and 33 have been returned.

It is possible, Siebert said, that when absentee ballots are counted next week, the final numbers could declare a different winner.

Only 17 votes separate John Canale from Richard Richmond, and 30 votes separate Pier Cipollone from Alfred McGinnis.

Siebert said all absentees ballots must be post marked by Nov. 2 and must be received by the Board of Elections by Nov. 10.

The third City Council contested race was in Ward 2. The unofficial returns reported last night were:
 
Ward 2 

• Patti Pacino 133
• Lisa Whitehead 80

A motorcyclist has reportedly suffered injuries after colliding with a deer in the area of 1424 Judge Road, Alabama.

Alabama fire is on scene and the rider is reportedly alert and conscious with a non-life-threatening injury.

Mercy EMS is also responding.

Incumbent City Councilman Pierluigi Cipollone, standing, and County Legislator Ed DeJaneiro work their phones while at Batavia's Original on Tuesday night trying to determine the outcome of the day's election.

Cipollone was challenged by Alfred L. McGinnis, who ended up beating Cipollone by 30 votes, 161-131 in Ward 4.

The Democrats gathered at Batavia's Original to await election results, while the Republicans were at City Slickers and the Libertarians were at Larry's Steakhouse.

All results are from the County Board of Elections and are currently considered unofficial.

Michael T. Cianfrini, interim county clerk, won the seat outright in an unopposed election with 5,128 votes.

Patti Pacino, in the pink, running for reelection in the 2nd Ward, beat Lisa Whitehead, 133 to 80.

Members of the Libertarian Party at Larry's.

Lisa Whitehead lost the Ward 2 election to incumbent Patti Pacino.

Incumbent John Canale held onto his Ward 3 seat, beating challenger Richard Richmond 111-94.

Cipollone at Batavia's Original.

In other notable races,

• Peter Yasses beat Gerald Heins 202 to 172 for the supervisor seat in the Town of Byron.
• Gary Graber held onto his town justice job in Darien, with 333 votes, beating back challenges from Michelle M. Krzemien, 242, Jennifer R. Nunnery , 200, and Wade A. Schwab, 109.
• In the Town of Le Roy, Steve Barbeau retained his supervisor post with 884 votes to 647 for Robert Scott.
• John R.  Duyssen was the clear winner in the Town of Le Roy race with 1,039 votes. Coming in second in the vote-for-two election was John J.  Armitage, with 817 votes. James D. Barsaloux IV received 604 votes and Justin Caccamise picked up 520.
• Local property owner James D. Pontillo has been pretty unhappy with the treatment he's received from Town of Stafford officials, but that didn't translate into a victory in the town's race for supervisor, where incumbent Robert Clement won 327 to 78.
• Robert A. Penepent has only a two-point margin over Brenda J. Mancuso in the Town of Stafford race for town justice, 334-332.
• In the town board race, there were four candidates and the top vote-getters were Donald L. Mullen, 268, and Robert F. Pacer, 183. Edward A. Ferris had 154 and Anthony J. Prinz had 133.

Aspiring restaurant owners are going to get a unique opportunity to start their own businesses in a Downtown Batavia location that will be anchored by a new microbrewery, economic development officials will announce tomorrow.

A press conference is scheduled at 109 Main St., Batavia, at 3:45 p.m. to announce plans for freshLAB and the Batavia Brewing Company.

The freshLAB concept is borrowed from other successful restaurant incubators in larger markets, such as Dallas, Denver and Los Angeles. 

Batavia Brewing will be owned by a current local restaurant owner. Attempts to reach that owner to confirm his participation have been unsuccessful.

The announcement from officials of the press conference, however, makes clear a brewery is part of the plan (the logo included with the announcement is at the top of this post).

The concept of the restaurant incubator will be fully explained tomorrow, but Julie Pacatte, economic development coordinator for Batavia Development Corp. said the idea grew out of what the BDC board has observed for a number of years. The board had to turn down several requests to provide low-interest loans to proposed restaurants because of either undercapitalization or inexperienced aspiring owners.

With the incubator concept, aspiring restaurant owners can get started with a smaller initial investment and there will be advisors available to help them plan their concept, get up and running, manage the operations and hopefully, eventually, expand into a bigger, stand-alone location.

"Opening a restaurant is a big undertaking," Pacatte said, "60 percent fail within the first two to three years. This will provide those owners with a more affordable space and more coaching and guidance."

The location, 109 Main St., is the former Newberry's building. Most recently it was the location of T-Shirts Etc. and the Red Cross. It was previously the location of Main Street Coffee. Previous owner Ken Mistler has sold the building. The new owner will be announced tomorrow.

Also participating in the press conference is the Rural Development division of the U.S. Department of Agriculture. The USDA will provide grant assistance for the restaurant incubator.

Part of the concept of the incubator is that aspiring restaurant owners must source most of their ingredients from farms from throughout the WNY region. The restaurant/food station concepts must also be unique to Batavia. The menu needs to be a different concept with offerings that vary from what's available in restaurants currently.

Part of the driver for creating the incubator is marketing surveys that show a lot of the entertainment and dining dollars spent by Batavia residents is flowing out of the county. Economic development officials hope to create a stronger cluster of restaurants in Batavia to help keep more of those dollars in the local community.

Press release:

The Genesee County Agricultural Society is accepting proposals to lease and operate the 1/3 mile dirt oval race track for the 2016 racing season. Detailed proposals should be sent to geneseefair@yahoo.com by Nov. 17th.

A two-car accident with minor injuries is reported on Judge Road, just west of Macomber Road. Alabama Fire Department and Mercy medics are responding.

UPDATE 3:16 p.m.: Alabama fire is on scene but the location is actually east of Macomber Road, so Oakfield fire is called to respond.

Press release:

The legal rights of people with developmental disabilities who are seeking appropriate housing and some practical techniques to secure it will be explored in a FREE Accessible Housing Education Seminar. It takes place on Monday, Nov. 9, 2015, from 1:30 to 3 p.m., at Independent Living of the Genesee Region (ILGR), 113 Main St. (near Center Street), Suite 5, Batavia.

In addition to explaining the Fair Housing Act and other measures that bar disability-based discrimination, presenters will provide information and resources for navigating a provided regional list of housing options and other opportunities, advocating for reasonable accommodations and environmental modifications, and securing referrals and promising locations.

Housing specialist Robin Arnold-Scott of ILGR, and Todd Vaarwerk, director of Advocacy and Public Policy at Western New York Independent Living, Inc., will make a PowerPoint presentation as part of the seminar.

Anyone who is interested in attending should register by calling Donna at (585) 815-8501, ext. 411; or by e-mail at dbecker@wnyil.org.

“Developmental disabilities” encompasses a number of central nervous system impairments that occur before age 22, including: cerebral palsy; epilepsy; autism; spinal cord injury; traumatic and acquired brain injury; learning disabilities such as dyslexia (reading disabilities), dysgraphia (writing disabilities), and visual tracking disorder; cognitive disabilities, Down Syndrome, and others.

ILGR is an agency dedicated to the mission that people with disabilities deserve true independence and equality, including at the workplace: the right to live their lives as they choose; a philosophy the Agency carries out by providing individuals the skills and resources to do it themselves. ILGR’s services include independent living skills training, advocacy, peer counseling, transportation, Braille transcription, a loan closet of medical equipment, housing assistance, information and referral, and many more.

A tractor-trailer rollover accident, unknown injuries, is reported at Oak and Main streets in the City of Batavia. City fire and Mercy medics are responding.

UPDATE 1:59 p.m.: A responder reports a saddle tank on the vehicle is leaking.

UPDATE 2:03 p.m.: The third platoon is asked to report to city fire headquarters.

UPDATE 2:18 p.m.: A source at the scene said the tractor-trailer was hauling "wheat middlings" -- a by-product of flour production -- to a Baskin plant in Bethany to be processed into livestock feed.

UPDATE 2:31 p.m.: The first platoon is requested to report to fire headquarters.

UPDATE 3 p.m.: City Fire Chief Jim Maxwell said motorists should avoid the area for the next couple of hours. He said it will probably be 5 or 6 o'clock before they can get the vehicle uprighted and removed, along with the debris. Rush hour is still ahead and the crash is impacting traffic on routes 98/63/33. No injuries reported, nor were other vehicles involved, Maxwell said. The tractor-trailer was southbound on Route 98 and was turning eastbound on Main Street when either the load shifted or a mechanical problem occured and the whole thing went sideways. Besides the mess of crushed wheat and traffic, firefighters had a couple of saddle tanks leaking fuel. They were able to contain the spill and prevent it from going down into the storm  drain, Maxwell said.

A conservative Christian group based in Arizona has issued a press release challenging the Le Roy Central School District for its handling of a reportedly transgender student and the student's access to locker rooms and restrooms. In a separate letter to the district and released by Alliance Defending Freedom, the advocacy group states that some male students are uncomfortable sharing facilities with a female student who identifies as male, but gives no indication that ADF actually represents any local residents.

The press release invites any district parents concerned about the issue to commence legal proceedings against the district. The district has not issued a statement in response to the press release from ADF.

Press release (links within the press release are to third-party sites):

Alliance Defending Freedom sent a letter Friday to the Le Roy Central School District Board of Education that asks it to reverse a recent decision by district staff to allow students to use locker rooms and restrooms of the opposite sex. The letter provides a suggested policy that addresses the school district’s concerns about discrimination without allowing the sharing of restrooms.

The ADF letter explains that no federal law requires public schools to allow boys into girls’ restrooms or girls into boys’ restrooms. In fact, as the letter notes, the district could be exposing itself to legal liability for violating students’ right to bodily privacy.

“Protecting students from inappropriate exposure to the opposite sex is not only perfectly legal, it’s a school district’s duty,” said ADF Legal Counsel Matt Sharp. “Letting boys into girls’ locker rooms and restrooms is an invasion of privacy and a threat to student safety.”

In December 2014, ADF sent public school districts nationwide a similar letter that it has now provided to Le Roy Central School District. All of the ADF letters cite pertinent legal precedent, including court rulings that support the ability of public schools to limit restrooms to members of the same sex for privacy and safety reasons without violating Title IX, a federal law concerning sex discrimination in public school programs and activities.

“Allowing students to use opposite-sex restrooms and locker rooms would seriously endanger students’ privacy and safety, undermine parental authority, prejudice religious students’ free exercise rights, and severely impair an environment conducive to learning,” the ADF letter to Le Roy Central School District explains.

“ADF’s policy allows schools to accommodate students with unique privacy needs, including transgender students, while also protecting other students’ privacy and free exercise rights, and parents’ right to educate their children.”

The ADF letter also offers to evaluate the situation and potentially offer free legal assistance if anyone files a lawsuit against the recommended policy.

“Schools can accommodate a small number of students that have different needs without compromising the rights of other children and their parents,” added ADF Senior Legal Counsel Jeremy Tedesco. “No child should be forced into an intimate setting – like a bathroom or a locker room – with a child of the opposite sex.”

It's Election Day in Genesee County. There are competitive races in the City of Batavia as well as the towns throughout the county. For a complete list of offices with candidates, click here. Be sure to get out and vote.

A one-car rollover accident with entrapment is reported at 591 Main Road, Corfu. Unknown unjuries. Prior to the accident, dispatch had received calls that the vehicle was unable to maintain its lane. Pembroke and Indian Falls fire departments are responding.

UPDATE 3:42 p.m.: There is "heavy entrapment" of one occupant. East Pembroke fire is called to provide mutual aid. Mercy Flight #5 is called to the East Pembroke Fire Hall.

UPDATE 3:47 p.m.: The roadway will be shut down and is expected to be closed for a long time. The driver is a man in his late 60s or early 70s who is said to be semi-conscious. There are live wires in the road. The pole they are hanging from is not broken, but does have a transformer on it. National Grid and the phone and cable companies are being contacted about the lines.

UPDATE 3:54 p.m.: Mercy Flight is ariborne and headed to the scene, about three to four minutes away.

UPDATE 4 p.m.: The patient has been extricated. Mercy Flight is on the ground.

UPDATE 4:05 p.m.: Command requests Alden Fire Police to shut down Crittenden Road at Route 5. "There isn't going to be any traffic through here for awhile."

UPDATE 4:19 p.m.: Mercy Flight is airborne. Destination not provided.

UPDATE 4:39 p.m.: Pembroke Fire Chief Jamie Waff said one vehicle went off the road, broke a utility pole, rolled over and landed on its roof. "It was a lengthy extrication process and it usually is when the vehicle is on its roof because everything is basically backwards from what we're used to in everyday life." Waff said the driver was semi-conscious but talking and able to assist firefigthers in his extrication. He was transported to ECMC, primarily for evaluation. Waff said due to the fact that a transfomer was involved, along with six to eight different kinds of power lines, the roadway will remain closed for probably at least another two hours, and it will take up to six hours or more for everything to be restrung and put back together. National Grid is on scene. The accident is under investigation. A witness said the driver passed two cars on the right just prior to the accident.

UPDATE 7:27 p.m. (by Howard): The road remains closed. Volunteer firefighters have had their hands full with people trying to circumvent the roadblocks. One resident who lives between the roadblocks went back and forth between roadblocks trying to get to his house and when a chief was notified, he was allowed to proceed. A person on scene told a chief that he's "in shock and awe" at how long repairs are taking. He's asked that dispatchers contact National Grid about the length of time the repairs are taking. 

UPDATE 8:04 p.m. (by Howard): The entire hamlet of Pembroke is without power. This is apparently the cause of power outages as well at Brickhouse Corners and the Thruway interchange. Earlier we heard there was confusion about getting the proper National Grid on scene in a timely manner because the crew was not informed it was a 9-1-1 call and that a pole was down.