Martin D. Moore, Ph.D., the new manager of the City of Batavia, was the center of attention on Wednesday afternoon, but he was quick to mention that it’s the residents who come first.

Moore, speaking at a meet-and-greet session at City Hall Council Chambers, said he advocates an open-door policy that gives citizens an avenue to let their voices be heard.

“I’m here for the people themselves … that’s who I work for,” said Moore, who was joined at the event by his wife, Joanne, and 17-year-old son, Martin Jr. “If they need something, have an issue or a suggestion, I am willing to listen. There are no bad ideas.”

The former city manager of Eunice, N.M. (he served in that capacity for about seven years), Moore said he has a “relaxed style but is very driven toward results at the same time.”

As he prepares for his first City Council meeting next Monday, Moore said his immediate priorities include talking to the management team about how to communicate effectively, building a working relationship with the business community, and meeting with Batavia Development Corporation officials about the Downtown Revitalization Initiative.

“I really want to see the shovels starting to hit the ground,” he said, referring to the Ellicott Station project.

His hiring as the one to replace Jason Molino, who resigned the position about nine months ago, is homecoming, of sorts, for his family. His wife has two sisters in Le Roy, a brother in Warsaw and another sister in Castile. She also has a brother who resides in Tonawanda.

Moore said he was in the running for similar positions in Arizona, New Mexico and Colorado, but believes that the Batavia job was meant to be.

“When I came here (during the interview process), everything seemed to click,” he said. “City Council was great; I really enjoyed talking to them and when I went around town, the people were very friendly.

“And if any hurdle came up, it was worked out. Everything just lined up.”

City Council agreed to an initial contract of $110,000 plus benefits for Moore.

His previous executive management experience includes a four-year stint as a consultant, census 2010 crew leader and general manager in Timberon, N.M.; county manager for Otero County, N.M.; executive director of Eastern Arizona Counties, and director of development and community services for Apache County, Ariz.

An Eagle Scout, he was a member of several professional associations and president of the Eunice Rotary Club.

His wife said she was excited when she heard about the Batavia position being open and got “really excited” as her husband made the final cut.

“I haven’t lived in New York since I was 16,” she said, noting that she moved to Hawaii in the mid-1970s and then to the southwestern part of the United States after marrying Moore in 1985.

“He was an Arizona boy, so we settled in New Mexico,” she said.

Joanne, who served as the Chamber of Commerce director in Eunice from 2011-2018, said her husband will be active in the community – appearing at festivals and other events. (They have found a home on Lincoln Avenue, just a short walk from Centennial Park).

“(Martin) likes to be somewhere where he can make a difference,” she said. “He wants to do things to help the community and wants to know what the people think. Sometimes you don’t know unless somebody lets you know.”

Martin Jr. is one of seven children – the others live in New Mexico, Utah, Idaho and Michigan – and is in his senior year at Batavia High School.

He said he's interested in cosmology, the science of the origin and development of universe, and hopes to go to college in Hawaii and earn an internship at the Mauna Kea Observatories.

At least one Batavia resident, James Owen of Redfield Parkway, said he came away with a positive first impression of Moore and his family.

“I think he’s going to be great for Batavia,” Owen said. “He came across as very willing to help the citizens of Batavia. We’re hoping for the best.”

But to do that he may need to convince a jury that he didn't tell his son about a failed medical trial for a new drug developed by Innate Immunotherapeutics when Collins called him from the White House lawn June 22, according to an attorney who specializes in insider trading law.

Robert Heim is a former Securities Exchange Commission attorney who now works as a private defense attorney for those accused of violating securities laws.

"Perhaps Mr. Collins might argue that somehow the information was either public or had been leaked out, but on its face, it seems like a very difficult case for him to beat right now," Heim said.

Neither Collins nor his attorneys have shared what his defense might be, but as Heim acknowledged, prosecutors have a lot of evidence related to the number and timing of phone calls, text messages, and trades, which is why Collins will need to offer a convincing explanation for the June 22 phone call.

On June 22, at 6:55 p.m, Collins received an email from Innate's CEO, Simon Wilkinson, informing Collins, who was among the company's largest shareholders and a member of Innate's board of directors, that a critical trial for a new multiple sclerosis drug had failed.

"I have bad news to report," Wilkinson wrote, according to government documents. "The top line analysis of the 'intent to treat' patient population (i.e., every subject who was successfully enrolled in the study) would pretty clearly indicate 'clinical failure.' "

Innate was a single-product company and the trial's failure meant it would not bring that drug to market.

Collins responded at 7:10 p.m., according to prosecutors, "Wow. Makes no sense. How are these results even possible???"

According to prosecutors, Collins immediately attempted to contact his son, Cameron Collins. He called Cameron twice. Cameron called back three times. Chris Collins called him back. On their seventh attempt to connect, at 7:16 p.m., father and son finally spoke with each other.

Chris and Cameron spoke for six minutes and eight seconds.

There was no wiretap on the phone call, and prosecutors have not indicated that they have any direct knowledge of what Collins told his son.

Prosecutors will attempt to prove Collins told Cameron of the failed MIS416 trial, disclosing nonpublic information, knowing it was a breach of his duties and anticipating his son would trade on the information and tip others.

Heim said Collins will need to convince a jury that he discussed with Cameron something other than the MIS416 trial, be it the weather, or "wow, I'm at the White House," wedding plans, or some other topic that seemed urgent at the time.

"I've worked on insider trading cases like this for about 20 years now and almost always these are circumstantial cases," Heim said. "People rarely come in and admit to committing insider trading, so a jury is going to really have to look at the various facts in terms of timing the phone calls, the timing of trades, and people's explanations to really come up with a decision as to what's more likely: Was this inside information discussed? Or were they talking about other things and this just happens to be very poor coincidental timing?"

If the failed drug trial was a topic of the June 22 phone call, Heim indicated Collins is going to have a hard time proving his innocence, especially in a Second Circuit court. The Second Circuit, he said, has a "loose standard" on what constitute's "tipper liability."

"If you're passing on information, the inside information, to a family member that satisfies what's called the 'personal benefit test' that is required to be proven for the government to win an insider trading case," Heim said.

Chris and Cameron Collins, along with 66-year-old Stephen Zarsky, father of Cameron's girlfriend, Lauren, are charged with in Federal Court with conspiracy, securities fraud, wire fraud, and making false statements to FBI agents.

Lauren and her mother, Dorothy have already settled with the SEC.

The morning after receiving his father's call, according to the SEC complaint, Cameron started to act on the allegedly non-public information, including selling stock and tipping the Zarsky family.

If Chris Collins can successfully argue that he didn't tell his son about the non-public information, then Cameron may need to prove he obtained it from another source.

It's not illegal to buy or sell stocks on "insider information" if it was legally obtained. For example, if Cameron overheard his father or somebody else talking about the failed trial with a person who was authorized to share the information, he can do as he pleases with the information.

Barry Switzer, former University of Oklahoma football coach, was at a track meet in 1981 when he overheard a company CEO discussing his firm's plans. The next day, Switzer and his friends acted on the non-public information and eventually made $600,000 on the trade. Switzer was charged with insider trading, but a court ruled in Switzer's favor.

"The court said that that's not illegal as long as you're not breaching some sort of duty or someone's not telling you the information in violation of a confidentiality agreement," Heim said. "That a legitimate defense."

Cameron's case hinges entirely, it seems, on how he knew to dump his 1.4 million shares of Innate stock just before news of the failed trial went public.

"In order for that chain to be legally actionable it has to have as the source a breach of a fiduciary duty or some other duty that's owed to the company and its shareholders," Heim said. "And that Cameron received that information separately, not from his father but by perhaps overhearing a conversation. Then if he's successful in that argument then, yes, he's free to tell other people about that information and essentially tip them because he did not breach his duty in the first instance by acquiring that information."

Besides the record of phone calls, texts, and trades, the prosecution may have other evidence that  is not yet publicly disclosed, Heim said. We also don't know how Lauren and Dorothy Zarsky, or others, might cooperate with the prosecution. There could have admissible information that supports the prosecution's theory that Chris Collins tipped Cameron Collins.

Witness testimony gets complicated, Heim said, because of trial rules involving hearsay and spousal privilege but there could be supporting witness testimony that is used at trial.

Without wiretaps, Heim said, "this could come down to a he-said-she-said type of scenario."

Based on the evidence made public so far, Heim said it seems like the government has a pretty solid case.

"It looks like there was a very thorough investigation, Heim said. "They put together the best evidence they could into a circumstantial case. Now I think really falls on Mr. Collins to come forward with some explanation or evidence as to what other topics were discussed in the calls and why they were being made at that particular time."

Photo: File photo.

NOTE: The Batavian has requested multiple of times an interview with Rep. Chris Collins. He has not agreed to an interview so we have been unable to ask him questions related to his insider trading case or even questions relevant to his bid for reelection.

• Oct. 17th @ 5 p.m. -- Halloween Fairy Garden
• Oct. 27th @1 p.m. -- Pumpkin Wood Slice
• Nov. 3rd @ 10 a.m. - 4 p.m. -- Craft Show
• Nov. 10th @11a.m. - 2 p.m. -- Fall Centerpiece
• Nov. 14th @6 p.m. -- Fall Centerpiece
• Nov. 17 @10 a.m. - 12 p.m. -- Christmas Candy Jar
• Nov. 19 @5:30 p.m. -- Christmas Candy Jar
• Nov. 21@12 p.m. -- Fairy Garden Class
• Dec. 1st @11 a.m. - 2 p.m. -- Decorate Wreath
• Dec. 5th @ 5:30 p.m. -- Evergreen Centerpiece
• Dec. 8th @11 a.m. - 2 p.m. -- Evergreen Centerpiece
• Dec. 10th @ 5:30 p.m. -- Decorate Wreath
• Dec. 12th @ 5:30 p.m. -- Decorate Wreath
• Dec. 14th @ 5:30 p.m. -- Evergreen Centerpiece
• Dec. 15th @ TBA -- Kids’ Christmas Crafts

Levi Spikes Jr. is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that between November 2017 and January 2018, Spikes failed to register a change of address with the NYS Division of Criminal Justice Services within 10 calendar days after moving from 3 Lewis Place in the City of Batavia. In count two, he is accused of offering a false instrument for filing in the first degree, a Class E felony. It is alleged in count two, that Spikes knew a written instrument -- a NYS Sex Offender Change of Address Form dated May 8, 2018 -- contained false information. The form contained a statement that the defendant had not moved from 3 Lewis Place, Batavia, until May 8, 2018. He then offered the form to public authorities to be filed for official records. In count three, Spikes is accused of the same crime alleged in count two. In count three, he is accused of knowing the same type of form, dated May 11, 2018, also contained the same false information and yet he offered it to public authorities to be filed for official records. In count four, the defendant is accused of another count of failure to register a change of address as a sex offender. It is alleged in count four that he failed to give the NYS Division of Criminal Justice Services a change of address within 10 calendar days when he moved from 421 Ellicott St. in the City of Batavia.

Iszon C. Richardson, 18, of Lewis Place, Batavia is charged with: criminal contempt in the first degree -- with physical contact; criminal obstruction of breathing / blood circulation; burglary in the second degree -- illegal entry of a dwelling; resisting arrest; and fourth-degree criminal mischief. Richardson was arrested following an investigation into a domestic violence incidence that was conducted by Officer Lawrence. The defendant is accused of illegally entering the residence of a protected person on Jackson Street in Batavia at 12:34 p.m. on Oct. 14. The victim has a stay-away order of protection against Richardson, who is accused of choking that person and damaging property. Richardson was located in the area by Officer Ivison and Officer DeFelice. Richardson resisted arrest and fled on foot before being apprehended a short time later. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Catherine Mucha.

Michael Lettice, 71, of Lehigh Station Road, Henrietta, is charged with grand larceny, second-degree forgery, and issuing a bad check. On Oct. 12, Lettice was arrested for allegedly fraudulently endorsing two checks on May 21. He was arraigned and put in Genesee County Jail without bail. He was due in City Court on Monday (Oct. 15). The case was investigated by Batavia Police Officer Catherine Mucha.

Mitchell Merrill, 33, and Haley Merrill, 26, both of East Main Street, Batavia, are charged with: five counts each of criminal possession of stolen property in the fourth degree; and four counts each of criminal possession of stolen property in the fifth degree. They were arrested following an investigation by the Genesee County Sheriff's Office following a report of larceny to a vehicle at 12:40 a.m. on Oct. 14 in the Village of Alexander. They were allegedly found in possession of stolen property consisting of five credit cards and other personal property taken from multiple vehicles throughout the village. Mitchell is being held in GC Jail without bail; Haley is held on $5,000 cash bail or $10,000 secured bond. Both were due back in Alexander Town Court this afternoon (Oct. 16). The investigating officers were: Sgt. John Baiocco, Deputy James Stack and Deputy Andrew Mullen.

Carlos Edward Guevara, 45, of Highland Parkway, Batavia, is charged with third-degree assault. It is alleged that at 9:38 p.m. on Oct. 6 that Guevara became combative and began attacking an Emergency Medical Technician who was rendering aid to Guevara. The defendant had been found unresponsive, lying on the sidewalk on Hutchins Street. He is due in City Court on Oct. 23 to answer the charge. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Isaiah J.A. Munroe, 28, and Chercal A. Smith, 23, both of Batavia, were arrested on Oct. 13 on Bank Road in the Town of Middlebury in Wyoming County. Wyoming County Sheriff's deputies stopped to check on a vehicle parked in a parking area off of Bank Road. Munroe was the male driver of a 2014 Hyundai Sonata that was found parked with the engine running; Smith of the front-seat passenger. The odor of marijuana was allegedly detected by the deputies as they approached the vehicle. A subsequent search of the vehicle led to the discovery of three OxyContin pills; one tramadol pill, and concentrated cannabis -- all controlled substances. Smith was also allegedly found to have concealed two pill bottles in her bra containing marijuana and marijuana blunts. Both occupants of the vehicle were arrested and the Sonata was towed. They are charged with three counts each of criminal possession of a controlled substance in the seventh degree. Smith was additionally charged with unlawful possession of marijuana. They were arraigned in Village of Warsaw Court and both were jailed with bail set at $500 cash or $2,500 bond apiece. They are due in Town of Middlebury Court on Oct. 22. Wyoming County Sheriff's Sgt. Colin Reagan handled the case.

Luis A. Ramos-Mercado, 34, of South Main Street, Batavia, was arrested Oct. 16 at 9 a.m. on a bench warrant out of city court. It was issued after he failed to appear for: having a suspended vehicle registration; operating a motor vehicle while his registration was suspended; and having an unregistered motor vehicle. He was arraigned and jailed on $1,000 bail. He had a second bench warrant, also out of city court, for failure in appear on a charge of second-degree criminal trespass. His bail on that was set at $2,500. Ramos-Mercado had a third bench warrant out of city court and it was for failing to appear on a charge of using drug paraphernalia in the second degree. Bail for this was also set at $2,500. The defendant is due in city court on Oct. 18 on all three cases. Batavia Police Officer Arick Perkins handled the cases.

Daniel B. Cochran, 63, of East Bethany, was arrested at 11:38 p.m. on Oct. 9 for: DWI; aggravated DWI; moving from lane unsafely; refusal to take a breath test; and unlawful possession of marijuana. Troopers in Wyoming County arrested him after a traffic stop on Route 20A in the Town of Orangeville. He allegedly failed to maintain his designated lane while driving, prompting the traffic stop. He failed multiple standard field sobriety tests and was transported to State Police Barracks in Warsaw for processing, where he allegedly had a BAC of .18 percent. Cochran was issued traffic tickets for the Town of Orangeville Court and is due there on Oct. 24.

Aaron Lee Klein, 47, of State Street, Batavia, was arrested at 1:40 a.m. on Oct. 15 on Monclair Avenue, Batavia City police responded there for a report of a disturbance and arrested Klein after it was discovered that an order of protection was in place, requiring that Klein stay away from the address. He was arraigned and jailed on $5,000 cash bail or bond and is due in city court on Oct. 18. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Darryle Streeter. He is also charged with criminal use of drug paraphernalia in the second degree and endangering the welfare of a child less than 17, stemming from an incident on Sept. 9, and that case was handled by Batavia Police Officer Jason Ivison.

Marissa S. Adams, 19, of West Main Street Road, Batavia, is charged with fourth-degree criminal mischief. She was arrested at 2:50 p.m. on Oct. 15 on State Street in Batavia after she allegedly took a phone out of the hand of a person attempting to contact police and threw it on the ground, causing it to break. She was issued an appearance ticket and is due in city court on Oct. 23. The case was handled by Batavia Police Officer Jamie Givens.

Steven David Smires, 23, of Clay Street, Le Roy, is charged with trespass. At 2:07 p.m. on Oct. 10, Genesee County Sheriff's deputies responded to Route 19 in the Town of Le Roy for a trespass complaint. After an investigation, Smires was arrested. He allegedly entered a house on Warsaw Road in Le Roy and remained unlawfully in the backyard of a residence. He was issued an appearance ticket and is due in Le Roy Town Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Tiesha Deon Doward, 32, of Pearl Street, Batavia, is charged with petit larceny. She was arrested at 4:01 p.m. on Oct. 10 on East Main Street in Batavia following an incident at Dollar General. It is alleged that Doward entered the store, selected two items from shelves in the store then proceeded to the cash register, where she indicated the intent to return those items using a receipt from several days prior. She was issued an appearance ticket by city police and is due in coity court on Oct. 23. The case was handled by Batavia City Police Officer Chad Richards.

Justin T. Gladney, 29, of North Spruce Street, Batavia, was arrested on a bench warrant on Oct. 11 for failing to appear in court. He was arraigned and jailed in lieu of $1,000 bail. Gladney was due back in city court on Oct. 15. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Jamie Givens.

Mark J. Spath, 48, of Rochester, was arrested by Troopers out of SP Batavia Barracks at 11:55 a.m. on Oct. 10 for criminal possession of marijuana in the fourth degree, no seat belt, and uninspected motor vehicle. Troopers stopped Spath on State Route 19 in the Town of Bergen for no seat belt. While speaking to Spath, the operator, Troopers allegedly detected the odor of marijuana emanating from the vehicle. Spath was placed under arrest after Troopers searched the vehicle and allegedly found Spath to be in possession of approximately 7.76 ounces of marijuana. Spath was transported to SP Batavia where he was issued an appearance ticket for the Town of Bergen Court later this month.

Travis L. Bartz, 23, of Buell St., Batavia, is charged with unlawful possession of marijuana. At 8:58 p.m. on Oct. 12 on Trumbull Parkway in Batavia, Bartz was arrested for allegedly possessing marijuana. He is due in Batavia City Court on Nov. 6 to answer the charge. Also on Oct. 12, Bartz was arrested on an outstanding bench warrant for failure to appear in city court on a charge of unlawful possession of marijuana stemming from August. He was released on his own recognizance until his next court appearance Nov. 6. The cases were handled by Batavia Police Officer Catherine Mucha, assisted by Officer Christopher Lindsay.

Dispatchers are receiving multiple reports of power outages in the City. 

National Grid has not yet reported the extent of the power outage. 

There’s a report of a transformer explosion and fire by Dan’s Tire at City Centre. 

There is also a power line down at Watson and Evans. 

City Fire’s second platoon requested to the station. 

UPDATE 1:06 p.m.: National Grid is reporting at least 13 power outages in the City effecting more than 2,000 customers. The largest area is along Route 5 to the east out past East Pembroke and along Route 98 to the south. ETA for restoration is 3 p.m.

UPDATE (By Billie) 1:25 p.m.: The fourth platoon is called to city fire headquarters. National Grid is on scene at City Centre to repair the transformer.

UPDATE (By Howard) 1:49 p.m.: City PD would like to remind everybody that intersections where signal lights are out should be treated like a four-way stop. The Richmond Memorial Library is closed because of the power outage. It will reopen at 5 p.m. if power is restored.

UPDATE (By Billie) 3:08: Currently no power outages are reported in the city, according to National Grid. There are still two small outages in Alexander, and one in Pavilion.

UPDATE from National Grid 3:16 p.m.:

National Grid spokesman David Bertola replied to The Batavian's email asking what cause the outage: "At around 1:50 p.m. today, an animal came into contact with a feeder line at one of our stations, which caused around 5,000 customers to be without power. Once the site was cleared and repairs made, customers’ power was restored in stages. I was told that everyone’s power (in the city) was restored at around 2:35 p.m."

The Elba Central School District’s Board of Education has selected Ned Dale as the district’s next Superintendent with a starting date of Nov. 26.

“It is truly an honor to be selected as the next Superintendent of the Elba Central School District, Dale said. "I look forward to working with the students, community and staff to ensure that we are providing the best opportunities possible.

"Collaboration and communication will be my primary goals as I learn more about this incredible community. I am grateful to the leadership and commitment that Mr. Keith Palmer has provided the district during his tenure and I hope to continue the progress that the district has made to date.”

Michael Augello, Elba Central School District’s Board president, said: “The Board of Education would like to thank the two other finalists for their interest shown in this position. This was an extremely difficult decision as all three are highly qualified individuals.

"We truly value the input received from the various stakeholder groups, including faculty, staff, and community members who met with the candidates to help us make a final decision. The board is confident that Mr. Dale will lead our district through the issues we face in our region. With his leadership, we will work together to deliver the best education possible for our students.”

Dale currently serves as the Principal of Cosgrove Middle School, Spencerport Central Schools, a position he has held since 2007. Dale began his career in education in 2000 as a school counselor/teacher leader at Spencerport High School. He continued his career at Spencerport Central Schools serving as the Assistant Principal of Cosgrove Middle School.

 During his career at Spencerport Central Schools, Dale has supported the development of a rich curriculum and aligned assessments, and also developed three tiers of Response to Intervention in English Language Arts and Math in collaboration with other administrators and stakeholders.

Through his leadership, Cosgrove Middle School was designated as a School to Watch based upon the collaboration of the New York State Education Department, New York State Middle School Association and National Forum to Accelerate Middle Level Reform.

As President of the Spencerport Administrators and Supervisors Association, Dale has successfully negotiated three 3-year contracts for the entire association.

He also established an approved APPR plan for principals that was accepted by the New York State Education Department.

Dale earned a Bachelor of Arts in Sociology from St. John Fisher College, and a Master of Science in Counseling and Human Development from the Warner School of Education at the University of Rochester.

He completed the New York State Superintendent Development Program at SUNY Oswego and holds permanent certifications in School Counseling, and as a School District Administrator.

Dale replaces Keith Palmer who recently announced his plans to retire.

Kevin MacDonald, district superintendent of the Genesee Valley Educational Partnership, acted as the search consultant and noted that the search process was a true collaboration between the Board of Education, district staff and the community.

Press release:

Nate McMurray, Democrat and Working Families Party Congressional candidate in NY-27, today announced that he has been added to the Democratic Congressional Campaign Committee’s Red to Blue program, which recognizes top-tier candidates who are running strong campaigns.

McMurray’s addition to the DCCC Red to Blue program is further proof of his momentum following a week of impressive fund-raising figures; polls showing the race is a dead heat; and news that his opponent, Chris Collins, who was indicted on charges of insider trading and lying to the FBI, will not even stand trial until 2020, more than a year into the next congressional term.

“It’s gratifying to have earned this support of the DCCC," McMurray said. "It’s clear that they see what we see: our grassroots support is real and that we’re building momentum by talking to neighbors, getting small dollar donations, and standing up for what’s right.

"We’re sticking to our values of economic fairness and integrity, and voters are putting country before party because nobody wants a Congressman out on bail. People are tired of a system that’s rigged against them and know that we need real change to make it happen.”

“As Town Supervisor of Grand Island, Nate is a proven leader who has a record of working for Western New York. Nate’s emphasis on putting people first has helped him build a strong grassroots campaign that is highly competitive and prepared to bring ethical representation to New York’s 27th Congressional District,” said Democratic Congressional Campaign Committee Chairman Ben Ray Lujan. 

Already, McMurray has welcomed the support of Democratic National Committee Chairman and Buffalo-native Tom Perez as well as New York Lieutenant Governor Kathy Hochul, Congressman Brian Higgins, Congressman Paul Tonko and the endorsement of almost every major local and national union.

Surging support for McMurray comes as national Republicans are running away from Chris Collins. Last month, National Republican Congressional Committee Chairman Steve Stivers told reporters, “I don’t plan to spend a penny in that race."

Red to Blue is a highly competitive and battle-tested DCCC program that arms top-tier candidates with organizational and fundraising support to help them continue to run strong campaigns. Additionally, the DCCC provides strategic guidance, staff resources, candidate trainings, and more.

A motor-vehicle accident is reported in the of 8087 Kelsey Road, just north of the Thruway, Town of Batavia.

Unknown injuries.

The vehicle struck a tree and is now in the woods.

Town of Batavia fire and Mercy EMS responding.

UPDATE 11:48 a.m.: Mercy Flight on ground standby.

UPDATE 11:51 a.m.: Deputy on location reporting extrication will be required. No word yet on seriousness of injuries.

UPDATE 11:53 a.m.: The patient is out of the vehicle. Extrication not required. There are fluids leaking around the vehicle.

UPDATE 11:55 a.m.: Mercy Flight can stand down.

UPDATE 12:17 p.m.: Town of Batavia back in service.

Downstairs features large family room with gas fireplace pretty ceramic floors, brand new full bath -- perfect hang out room or an awesome large master bedroom suite! Upstairs features hardwood floors large open kitchen/dining/living space ideal for entertaining!

Three bedrooms with full closets and another brand new bath -- not a lot to do here but decorate! Outside is nicely landscaped and lot backs up to fields with pretty views--very easy to see! Call Lynn Bezon at Reliant Real Estate today or click here for more information on this listing.

8009 Bank Street Road, Batavia. Owner says SELL this solid 5 bedroom, 3 full bath home in move in condition! You can't find to many like this!

This well laid out spacious home has something for everybody -- a newly redone and pretty kitchen with granite countertops, large dining area for friends & family, 5 good-sized bedrooms, well spaced out to give everyone privacy and 3 FULL baths-you can never have enough seats!

When you walk in you are welcomed into awesome foyer/sitting room with beautiful wet bar and fireplace with vaulted ceiling leading to 2 loft style bedrooms-perfect for guests or his and her offices!

All mechanical updates are in good working order and all appliances included! Located in the town with 1.5 acres and minutes from thruway for easy commutes to everywhere! Call Lynn Bezon at Reliant Real Estate today or click here for more information on this listing.

"It was an extremely hard decision for me because I love working as director of BID but T-Shirts Etc. continues to grow and I felt it was shortsighted of me to allow my own small business to struggle and continue my role here," Kemp said.

"I was only able to maintain a few hours at T-Shirts Etc. while working for BID, which was definitely not enough to support what we need to do over there."

Kemp has given notice to the board but she didn't share her final work day.

The Batavian reached out to Jennifer Gray, president of the BID Board of Directors, for comment and information about finding a replacement for Kemp but we have not yet received a response.

Kemp became director in November 2016.

"This opportunity has been amazing and I am so thankful to have been able to work with so many amazing people in our community," Kemp said. "In the past two years we have put in a lot of work in.

"We are in a great place with our finances, events, sponsorships, business relationships, community relationships, and mission. I look forward to still volunteering for events and community projects as the BID needs."

File photo.

Press release:

The City of Batavia Fire Department will be flushing hydrants from about 9 a.m. to 3 p.m. on Thursday, Oct. 18, in the area north of Main Street and east of Bank Street.

Homes and businesses will be affected. These test may result in temporary discoloration of water in the area.

Please do not attempt to wash any clothing if your water is discolored. If you experience a discoloration of your water, run cold water for five minutes or until clear.

For the third time in 13 months, Batavia is losing a big box store -- Office Max; Bed, Bath & Beyond; and now Kmart -- and given the nation's retail trends, it's by no means certain any of these vacant buildings will be filled any time soon.

The last time a big box closed prior to this spate of going-out-of-business sales, it took the landlord only a year to replace Lowe's with Dick's Sporting Goods and Kohl's Department Store but since then e-commerce sales have grown to represent 8 percent of all retail sales (Lowe's announced its closure seven years ago today).

It's also become harder for Industrial Development Agencies in New York, such as Genesee County Economic Development Center, to offer incentives for retail development.

Still, Tom Turnbull, president of the Genesee County Chamber of Commerce, is optimistic none of these big buildings will sit vacant long. He's a Batavia native and has seen a lot of businesses come and go.

"I call it the business circle of life," Turnbull said.

Turnbull remembers when Kmart was located where Aldi is now, and he remembers Twin Fair where the Department of Social Services is now and Valu Home Store in what is now County Building #2. He remembers W.T. Grant at the corner of Harvester and East Main and when Eli Fish Co. was Newberry's.

"It's the ebb and flow of business," Turnbull said. "You never know what is going to happen, especially with these big national retailers. It will fill up again and then it may be empty again."

There have been rumors, which Turnbull has heard, too, that Batavia Downs is interested in the Kmart property.

"It makes a lot of sense for them to have that property," Turnbull said. "It would be good for them and it would be good for us -- it's not unusual for big box stores to sit empty for a long time and become a real eyesore so it would be great for Batavia Downs to come in and swoop it up. It would be good for everybody."

Ryan Hasenauer, director of marketing for Batavia Downs, said in a statement this morning that, "While we do not currently have any timeline information on the store’s closing, we would not rule out an interest in this or any adjacent property to Batavia Downs if it were to become available. Regardless of what happens with the property, we will reach out to Kmart management for some job placement opportunities at Batavia Downs for Kmart employees that will be impacted with a layoff."

The Kmart store is 115,554 square feet and sits on 10.3 acres. The total assessment is $4.1 million, according to county records. The store was built in 1994. The listed owner is Wilmington Trust Company.

Wilmington Trust is affiliated with M&T Bank and specializes in, among other things, acting as administrator for properties held in trust. A trust is a legal entity that holds title to a property for the benefit of another person or group of people, such as heirs to an estate.

While Wilmington Trust is listed as the property owner, Wilmington is strictly and administrator of the property for the beneficiary of the trust, said spokesman Kent Wissinger. The beneficiary is the actual owner and has sole discretion on whether to sell or retain the property.

There is no information available on who is the beneficiary of the trust.

How any potential sale of the property might be handled, Wissinger said, is subject to the terms of the trust and he said he didn't have access to that information.

County records seem to indicate the trust has held title to the property since at least 1994.

Kmart, a subsidiary of Sears Holdings Corp., which declared bankruptcy after years of financial struggles, has not announced a closing date for the store.

Denielle Mancuso, who lives on West Main Street Road, will serve three years probation, to run concurrently, on two misdemeanor counts of criminal possession of a controlled substance in the seventh degree.

Before sentencing, Mancuso's lawyer, public defender Lisa Kroemer, asked to read the judge's copy of the presentencing report, which she apparently had not seen yet.

She then synopsized the document by saying it states that Mancuso successfully completed a yearlong "judicial diversion program" and "did everything that was expected of her" during the interim probationary period.

So much so in fact that Kroemer said her client was a "nonsubject of discussion" during staff updates. When her name came up, it was "next" -- let's move on -- because Mancuso's reports were "stellar."

Before sentencing, Judge Charles Zambito said he'd read the presentencing report with its laudable notations and said Mancuso had earned the benefit of her good behavior with a judicial diversion contract that, with its successful completion, reduced four felonies to the pair of misdemeanors cited above.

In addition, she would get one year shaved off probation immediately for time already served in the diversion program. And if she continues on the positive path she's on and comes back in a year and asks the judge to terminate her probation, he will most likely grant her wish, Zambito said. Thus, supervision by the Probation Department could potentially end a year from now. Otherwise, Mancuso's probation is set to expire Oct. 16, 2020.

Kroemer asked for a waiver of a six-month suspension of Mancuso's driver's license, per the presentencing recommendations. The attorney said her client doesn't have anyone to chauffeur her around, and she's self-employed and needs to help her husband with his business, which requires her to buy vehicles and go to the DMV Office regularly. Also, she has a son to shuttle to various sports and activities.

Assistant District Attorney Kevin Finnell offered no resistance to the request for a waiver, and Judge Zambito agreed to it.

Next, Kroemer asked for new language in the defendant's sentencing paperwork that states she is to stay away from places where alcohol is served; language should be added to that stipulation "unless otherwise approved by the Probation Officer." That's because, Kroemer said, Mancuso sometimes goes to places like a racetrack for her son's sporting events and alcohol is served there.

Again, the judge agreed to accommodate Mancuso's attorney's request and add the language.

The judge imposed standard fees: $50 for the DNA database; $175 for the misdemeanor convictions; and $25 for the crime victims' assistance fund.

Zambito asked the chestnut-haired Mancuso, dressed in black slacks and a fitted black blazer over a maroon knit top, if she would like to say anything to the court and she quietly declined.

A Grand Jury indictment was originally issued in this case in June 2017. Mancuso faced four felony counts: two counts of criminal sale of a controlled substance, 3rd; one count of criminal possession of a controlled substance, 3rd; and one count of first-degree criminal nuisance. She was jailed on $25,000 bail or $50,000 bond. 

In September of last year, the people offered a plea deal for one count of criminal possession of a controlled substance, fifth, with "shock-cap" probation -- six months in jail or four months of intermittent incarceration, followed by five years of probation.

Mancuso's attorney countered by asking that the defendant be evaluated for judicial diversion, which Judge Zambito granted.

Now with Mancuso's judicial diversion contract completed triumphantly, Zambito said he agreed she had done well and he congratulated her for it.

* "Supplying" not necessarily selling.

Arc of Genesee Orleans annual Chili & Chowder Fest & Bake Sale will be held from 10 a.m. to 1:30 p.m. on Saturday, Nov. 17, at the Arc Community Center.

It is located at 38 Woodrow Road in Batavia.

There will also be grilled cheese sandwiches for purchase in addtion to the hearty, homemade chili and chowder. Take-outs available.

Early tickets will be available only from 4:30 to 6:30 p.m. on Friday, Nov. 16.

Tickets, both presale Friday and day-of-the-event Saturday, are available only at the Arc Community Center on Woodrow Road.

All proceeds benefit people with disabilities.

There will be 100 theme baskets raffled off. Need not be present to win. Drawings will be at 1:30 p.m. on Nov. 17.

Want to donate a basket or get more information? Call Arc of Genesee Orleans at 343-4203.

Press release:

In conjunction with Halloween festivities, local law enforcement will participate in a special enforcement effort to crackdown on impaired driving from Oct. 30 until Nov. 4.*

Genesee County STOP-DWI coordinator Matt Landers announced today that the Genesee County Sheriff’s Office, the City of Batavia Police Department and the Village of Le Roy Police Department will participate in the crackdown.

Halloween is meant to be scary, but not when it comes to driving. When it comes to drunk driving Halloween can turn the roads into a horror fest. While we spend time trick or treating and hosting parties with our loved ones, law enforcement officers across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives.

New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

Research shows that high-visibility enforcement can reduce impaired driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. 

The STOP-DWI Halloween Weekend Crackdown is one of many statewide enforcement initiatives promoted by STOP-DWI NY and the Governor’s Traffic Safety Committee. Throughout the remainder of the year the Statewide STOP-DWI Crackdown Campaign will also target Thanksgiving and the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol- and drug-related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.  

You can help to make a difference by Having a Sober Plan! Download our mobile app – “Have a Plan” and you will always be able to find a safe ride home: www.stopdwi.org/mobileapp

Impaired driving is completely preventable. All it takes is a little planning. Have a safe and happy Halloween Weekend!

*Editor's Note: The dates have been corrected. The original press release contained the wrong dates. The above information is correct.

A poll released today by Siena gives Rep. Chris Collins a mere 3-percentage-point lead over challenger Nate McMurray in the NY-27 congressional race.

Three percentage points are within the margin of error -- plus or minus 4.7 percent -- making the race a statistical dead heat. 

This matches the results of an internal poll released by McMurray's campaign last week that showed the race tracking as a tie with three weeks left until Election Day.

In response to the release of the poll, McMurray issued the following statement:

“This poll tells us what we already know, that voters are choosing country over party. They’re motivated based on who will help families like theirs rather than simply voting along partisan lines. We always knew this would be a close race, and this poll shows that it’s neck and neck. But our TV ads went on the air yesterday, after this poll was conducted; our grassroots support is strong, and as more voters tune in to the race and learn that they have a real choice, we’re more and more confident.”

The Batavian emailed Natalie Baldassarre, campaign manager for Collins, and asked for a statement from Collins -- not her -- about the poll, his third-quarter fundraising report, which includes a campaign expenditure for the use of a private jet. We have not received a response.

Political reporter Ryan Whalan with Capitol Tonight in Albany said in a tweet this morning that he has made several requests to Collins for an interview and has been rebuffed. Since his arrest on federal charges of securities fraud, wire fraud, and lying to the FBI, Collins has largely avoided contact with the media or answering tough questions.

His only campaign appearances have been at invite-only Republican events. After The Batavian was unable to secure an interview with Collins, we announced we would stop publishing his campaign press releases until he sits down for an interview with The Batavian. The deadline for the interview is this Friday and Collins has yet to agree to an interview.

The Siena Poll results released doesn't break out how Collins is doing vs. McMurray in Genesee County, but it does say McMurray is leading in Erie County 46 to 45 percent. Collins is leading in the rest of the 27th District 46 to 42 percent.

Reform Party Candidate Larry Piegza is favored by 1 percent of the voters.

While Collins has a narrow lead in the race, the indicted congressman has a much higher unfavorable rating than McMurray, 49 to 21 percent. 

In most congressional races throughout the country, women are trending toward supporting the Democratic candidate but not in the NY-27. Collins is supported by 46 percent of the women polled compared to 42 percent for McMurray.

McMurray also seems to be bucking the trend of Democrats picking up younger voters. In the under 55 demographic, Collins leads 49 to 42 percent. McMurray is fairing better with older voters, where Collins' margin is a mere 2 percentage points,  45 to 43.

McMurray leads the race among nonpartisan voters 46-45 percent.

Siena surveyed 490 likely voters in the district between Oct. 6 and 11.

President Donald Trump's approval rating is 56 percent among voters in the district, much higher than his 42 percent approval rating nationally.

Fifty-six percent of those polled want to see the Republicans maintain control of the House of Representatives.

Meanwhile, since his arrest, Collins has seen donations to his campaign fall off a cliff, according to the Buffalo News.

Collins, who reportedly had more than $1 million in his war chest before his arrest, raised $32,755.74 in the third quarter, and only $2,955 was donated to his campaign after his arrest.

All but $80 of the money donated to Collins in the last round came from residents of the 27th District.

In the quarter, Collins spent $233,369 on advertising, $40,147.33 in legal fees and a $7,895 on a charter flight.

Members of Congress must justify travel expenses as a legitimate campaign activity to spend campaign funds on travel, according to House Rules.

Baldassarre told the Buffalo News that the chartered plane was used to return Collins to Buffalo after his arrest in New York City on Aug. 8. Collins was hours late to a press conference he scheduled and congressional staff at the time (the event was staffed by government employees, not campaign employees) told members of the media that his flight had been delayed. Though Collins called a press conference, he refused to take questions after issuing a statement.