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October 27, 2017 - 9:32am
posted by Howard B. Owens in Deal of the Day, advertisement.

Reminders of how the Deal of the Day program works:

  • To make purchases, you must be registered. Deal of the Day uses a registration system that is not connected to the registration for commenting on The Batavian (the main user login in the upper left of the home page).
  • Once registered you must sign in using the "sign in" link in this box.
  • You click on the orange button, which appears if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
  • Only one gift certificate from the same business PER HOUSEHOLD is allowed in each four month period. We do not have a way to automatically track duplicate purchases within a household; however, if we notice such a purchase, we reserve the right to cancel the purchase and refund the purchase money. Each individual purchaser must use his or her own PayPal account for purchases. It's important that participating businesses not be asked to redeem multiple gift certificates from the same person/family at the same time.
  • Gift certificates should be used within 30 days of receipt.

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October 26, 2017 - 7:40pm
posted by Howard B. Owens in missing person, news.

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

October 26, 2017 - 7:27pm
posted by Howard B. Owens in accident, news, Darien.

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

Darien fire and ambulance responding.

October 26, 2017 - 7:20pm
posted by Howard B. Owens in budget, genesee county, news, notify.

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.

October 26, 2017 - 6:36pm
posted by Howard B. Owens in news, batavia.

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.

October 26, 2017 - 5:42pm
posted by Howard B. Owens in pets, animals, batavia, news.

doghangingoutoct2017.jpg

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.

October 26, 2017 - 4:20pm
posted by Howard B. Owens in Deal of the Day, advertisement.

Reminders of how the Deal of the Day program works:

  • To make purchases, you must be registered. Deal of the Day uses a registration system that is not connected to the registration for commenting on The Batavian (the main user login in the upper left of the home page).
  • Once registered you must sign in using the "sign in" link in this box.
  • You click on the orange button, which appears if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
  • Only one gift certificate from the same business PER HOUSEHOLD is allowed in each four month period. We do not have a way to automatically track duplicate purchases within a household; however, if we notice such a purchase, we reserve the right to cancel the purchase and refund the purchase money. Each individual purchaser must use his or her own PayPal account for purchases. It's important that participating businesses not be asked to redeem multiple gift certificates from the same person/family at the same time.
  • Gift certificates should be used within 30 days of receipt.

iosdownloadbanner5.png

October 26, 2017 - 12:31pm
posted by Howard B. Owens in chris collins, NY-27, news.

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.

October 26, 2017 - 12:14pm
posted by Howard B. Owens in accident, news, pembroke.

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.

October 26, 2017 - 11:17am
posted by Howard B. Owens in Le Roy, news.

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.

October 26, 2017 - 11:13am
posted by Howard B. Owens in crime, batavia, news, notify.

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.

October 26, 2017 - 10:45am
posted by Howard B. Owens in missing person, news.

gcsmith-missing-person_0.pngOfficials are including Genesee County in the search area for Starrlita Smith, a missing 21-year-old vulnerable adult from Leicester in Livingston County.

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.

October 26, 2017 - 10:36am
posted by Howard B. Owens in thebatavian.

Download our new app for iOS (iPhone, iPad, and iPod) to easily access the latest local news wherever you are. Get notifications for breaking and other important news.

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October 25, 2017 - 6:29pm
posted by Howard B. Owens in fire, batavia, news.

dsc_0237.jpg

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

The fire was quickly extinguished.

Photos by Frank Capuano.

dsc_0228.jpg

dsc_0206.jpg

October 25, 2017 - 6:23pm
posted by Howard B. Owens in Deal of the Day, advertisement.

Reminders of how the Deal of the Day program works:

  • To make purchases, you must be registered. Deal of the Day uses a registration system that is not connected to the registration for commenting on The Batavian (the main user login in the upper left of the home page).
  • Once registered you must sign in using the "sign in" link in this box.
  • You click on the orange button, which appears if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
  • Only one gift certificate from the same business PER HOUSEHOLD is allowed in each four month period. We do not have a way to automatically track duplicate purchases within a household; however, if we notice such a purchase, we reserve the right to cancel the purchase and refund the purchase money. Each individual purchaser must use his or her own PayPal account for purchases. It's important that participating businesses not be asked to redeem multiple gift certificates from the same person/family at the same time.
  • Gift certificates should be used within 30 days of receipt.

iosdownloadbanner5.png

October 25, 2017 - 3:40pm
posted by Howard B. Owens in Batavia PD, batavia, Batavia HS, news.

lunchwithprooct252017.jpg

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.

October 25, 2017 - 3:25pm
posted by Howard B. Owens in crime, batavia, news.
jwhardyiiimug2017sn.jpg
       JW Hardy

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.

October 25, 2017 - 2:27pm
posted by Howard B. Owens in crime, batavia, pembroke, Darien, notify.

Frank D. Fulton, 61, of Rochester, is charged with aggravated unlicensed operation, driving without insurance, unregistered motor vehicle, uninspected vehicle, driver's view obstructed and unlicensed driver. Fulton was stopped at 11 a.m. Tuesday on Route 77, Pembroke, by Deputy Lonnie Nati. He was found to be driving despite an alleged 27 active suspensions on his license. He was jailed on $500 bail or $2,000 bond.​

Carlton Lynn Beardsley, 22, of Walnut Street, Batavia, is charged with promoting prison contraband 1st, criminal possession of controlled substance, 7th, and controlled substance not in original container. Beardsley is accused of bringing a narcotic drug into a secure area of the Genesee County Jail at 7:30 p.m. Tuesday. He is being held on bail.

Brandi Marie Smith, 37, of North Bennett Heights, Batavia, is charged with criminal possession of a forged instrument, 2nd. Smith is accused of using two stolen checks at Walmart. The checks were reportedly stolen from a victim in the City of Batavia. (Previously: Woman facing 15 charges after allegedly breaking into car, stealing purse.)

A 15-year-old resident of Darien is charged with petit larceny. The youth was arrested by State Police for an alleged incident reported at 5:12 p.m. Tuesday in Pembroke. No further information released.

October 24, 2017 - 1:03pm
posted by Howard B. Owens in chris collins, NY-27, news, notify.

There are eight people who have active files with the Federal Elections Commission, making them eligible for a primary campaign in June 2018 for New York's 27th congressional district.

Rep. Chris Collins is the incumbent and is one of the eight who has filed.

Not all who have filed are running, but even among the announced candidates, an incumbent being targeted by both primary and general election challengers is unusual.

His campaign chief Chris Grant said he isn't worried.

"We live in very fluid political times, so people, especially on the Democratic side, whip themselves into a frenzy because they believe, wrongly, that the country agrees with their progressive, extremist positions and then they run into the reality of running against an incumbent congressman who is very popular in his district," Grant said. "I'm not surprised by any of it."

The seven people with FEC filings are:

  • Kevin Aleong, who has no party affiliation but does have a campaign website;
  • James Banks, a Republican, whom we wrote about yesterday;
  • David Bellavia, who ran against and lost to Collins in a primary in 2012, and has yet to express his intentions for 2018;
  • Sean Bunny, a Democrat, who has said he's running but has yet to make an appearance in Genesee County;
  • Erin Cole, a Democrat who has reportedly dropped out of the race;
  • Michael McHale, a Republican who ran in 2006 but has made no announcement about 2018; and,
  • Nicholas Stankevich, a Democrat who was in Batavia yesterday to announce his candidacy.

Frank Smierciak II, a 26-year-old Republican, has also announced his intention to challenge Collins in the primary and got a lot of attention from the media for running at such a young age, but he has yet to file with the FEC.

The fact there are Republican challengers also isn't a concern, Grant said.

"Every cycle now, people get into the fall of an off-year election and they think there is an opportunity and then the reality of qualifying for the ballot and running a real campaign rears its ugly head before they reach February, March, and April," Grant said.

Collins is popular in his district, even with an ethics investigation hanging around, and it hasn't hurt Collins at all that he was an early and vocal supporter for Donald Trump for president and continues to be loyal to Trump.

Trump is perhaps more popular in the NY-27 than any district in New York.

"It's not Trump," Grant said. "It's because of what Trump said, Trump's message."

Collins was out in front on the issues that drew people in the 27th to Trump, Grant said, such as "destructive trade agreements, and jobs being shipped overseas, and a Washington culture of elitism that ignores the people in districts like the New York 27."

Challengers to Collins are perhaps a bit out of touch with reality in the 27th District, Grant suggested.

"I think all of these candidates watch way too much cable news, pay too much to the Acela corridor press and whip themselves into a frenzy about a race they can’t win," Grant said. 

He added, "The progressive resistance movement is nonsense. It's so out of touch with what middle-class working families care about. It just shows they don't understand what people care about in the district."

As for Bellavia, the one candidate who might come into a race with some name recognition, Grant had no insight on whether he's actually running.

Last night, The Batavian emailed Bellavia, a resident of Batavia, about the FEC filing and his only response, "You noticed that?" He didn't respond to a follow-up message pressing for more clarity and confirmation.

"David's his own man and we respect him and we respect his service (Bellavia is an Iraq War vet), but we're going to fight hard for every vote in the New York 27," Grant said.

October 24, 2017 - 1:01pm
posted by Howard B. Owens in Deal of the Day, advertisement.

Reminders of how the Deal of the Day program works:

  • To make purchases, you must be registered. Deal of the Day uses a registration system that is not connected to the registration for commenting on The Batavian (the main user login in the upper left of the home page).
  • Once registered you must sign in using the "sign in" link in this box.
  • You click on the orange button, which appears if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
  • Only one gift certificate from the same business PER HOUSEHOLD is allowed in each four month period. We do not have a way to automatically track duplicate purchases within a household; however, if we notice such a purchase, we reserve the right to cancel the purchase and refund the purchase money. Each individual purchaser must use his or her own PayPal account for purchases. It's important that participating businesses not be asked to redeem multiple gift certificates from the same person/family at the same time.
  • Gift certificates should be used within 30 days of receipt.

iosdownloadbanner5.png

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Contact: Howard Owens, publisher (howard (at) the batavian dot com); (585) 250-4118

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