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County Clerk and District Attorney begin campaigns for re-election

By Howard B. Owens

County Clerk Don Read and District Attorney Lawrence Friedman announced their campaigns for re-election Friday at Larry's Steakhouse.

Because of a prior commitment in Monroe County, I was unable to attend. 

Read sends along the following statement:

I would like to briefly say that I have been proud to serve the residents of our County for four terms as the County Clerk.  We have a fantastic staff who really knows what service to our residents constituents means and believes in what they are doing.  I still love the work, the challenges, and especially the people who we serve.  There are still several things that I had hoped to accomplish as County Clerk which are not complete.  I look forward to the opportunity to continue working to improve accessibility to the records, to preserving the older records for the historical heritage of our county, and to providing the best possible experience for our residents in handling their motor vehicle transactions, real estate recordings, passport applications, pistol permit records, etc. 

County Clerk warns about deed scam

By Howard B. Owens

County Clerk Don Read warns that companies are sending out mailers attempting to entice home owners into buying copies of their deeds at highly inflated prices.

While the price for a certified copy of a deed in Genesee County can run from $5 to $10, some companies are charging as much as $50 for the same document.

Here's Read's press release:

Genesee County Clerk Don Read advises property owners to beware of a spreading deed copy scam.  Property owners may receive a mail or e-mail solicitation offering to do the research and secure a certified copy of the deed to their real estate for a fee of $50 to $60.  One of the companies offering to do this is “New York Retrieval, Inc.” You can obtain that same certified copy from the County Clerk’s Office for $5 to $10 depending upon the length of the deed.  If you desire just a plain (uncertified copy) the fee will be between $2 and $5.  If you receive a solicitation such as this either notify the County Clerk or just discard it.  If you would like a copy of your deed, you can write, call or stop by the County Clerk’s Office.  It only takes a few minutes to obtain the copy. 

Batavia's Charter Review Commission sends proposed changes to city attorney

By Howard B. Owens

The next revision of the Batavia city charter is heading to the attorney for review after the Charter Review Commission polished up its proposed changes tonight.

The last issue to get any discussion dealt with the definition of "affiliation" in the case a city council member resigned office mid-term -- if a council member was elected by a political party different from his or her affiliation at the time of resignation, which party should get to appoint the replacement.

By a 3-4 vote, the commission rejected a proposed change that would have defined according to which party gave the candidate the most votes.

Commission members who objected to the change said the current definition is clear, has worked for years, and less likely to subvert the will of the voters.

"We are trying to infer what voters want instead of keeping it black and white," said Matt Landers. "We're getting into a subjective area."

The issue was raised last month by Councilman Bill Cox, who was elected as a Republican on a Democratic line. He asked who would get to appoint his replacement if he resigned for any reason. Under the current charter, it seems, the Republicans would get to pick the new member.

After the city attorney finishes his review, the commission will meet to discuss any of his language changes and then set a public hearing for the revised charter in July. The vote will be in November.

Station stop on any new rail line not likely to include Batavia

By Howard B. Owens

If a high speed rail system is built between Albany and Buffalo as part of President Obama's transportation stimulus package, don't expect a stop in Batavia, according to Tim Hens, county highway superintended.

"They won't stop for us now, so I can't image they will stop for us at double the speed," Hens said.

Hens said its his understanding that the high-speed line will only stop at major cities.

There hasn't been a rail stop in Batavia -- which was part of history when Lincoln's train stopped here -- in his lifetime, which means for at least 35 or 40 years, Hens said.

There currently is an Amtrak route that heads east from Buffalo and the trip to Albany can take seven hours or longer, Hens noted, with stops to yield right-of-way to cargo trains and whether being two factors that can increase the length of the trip.

"You can drive a car there in half the time," Hens said.

Hens advocates a new dedicated line for a high-speed rail, but that would entail a great deal more expense, including new passenger stations and switches. The only place to build a rail without acquiring new right-of-way is along the path of the Thruway, but the Thruway Authority, he noted, has it's own agenda, which includes collecting tolls from drivers who might opt for rail over car travel if it were available.

While a rail stop in Batavia could be beneficial to the city, Hens said, it's just too close to both Buffalo and Rochester to efficiently run a train between spots so close together.

"You would get up to speed about half way from Buffalo and need to slow down to stop in Batavia," he said.

Student at Pembroke wonders if video should be disqualified from festival

By Howard B. Owens

Derek Hagen submitted this video with the following message.

Okay I go to Pembroke Jr/Sr high school and me and my friends made a video entry to submit to the Digital Media Arts Festival and its run by BOCES and they had disqualified our video, only 16 days before the competition. I was just wondering if you could post the video and see if users agree or disagree that it should have been disqualified.

I immediately e-mailed Derek to find out why the video was disqualified. He has not responded.

This morning I spoke with Gary Mix, superintendent of the Pembroke Central School District. He wasn't aware of this particular video or why it was disqualified.

If you watch the video, you might pick up on three possible reasons: portrayal of a drunk student, the murder/suicide theme or the overall quality of the production.

Sharon Kaiser, coordinator, learning technologies at BOCES said she was aware of the video but didn't know it had been disqualified or why, she said. She said she wasn't handling that part of the festival.

Mix noted that Supreme Court cases have upheld a school's right to limit student expression in school sponsored activities. Reasons for limiting speech can include vulgarity, sexual innuendo and of course the school maintains an anti-alcohol and anti-drug stance.

"Over the years there has been a perception that students have unlimited free speech," Mix said, "but there are some constraints."

He added, "What I hope would not get lost in the discussion is that through the Media Arts Festival there is a tremendous opportunity to integrate across curriculum. We can include literature, social studies, arts and music and give students a chance to showcase their creativity. It's a tremendous opportunity for students."

Deal of the Day: Batavia Downs Grandstand Bar & Grille

By Howard B. Owens

Today's Deal of the Day: A $25 gift certificate from Batavia Downs Grandstand Bar & Grille in Batavia. The Batavian's Good Deal Price: $12.50 -- HALF off!

Enjoy a great meal in one of Genesee County's favorite entertainment venues.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. By law, gift certificates cannot be used for purchase of alcohol.

How to win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. to pick up the gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

SOLD

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.Don't forget about our online exclusive from Roxy's Music: A guitar and amp, a $450 value, available through The Batavian only for $295. Click Here.

Firefighters rescue ducklings caught in sewer

By Howard B. Owens

Reader Holly Carney was on scene Sunday for a duck rescue. Carney tells us that a mother duck waited for help by a sewer where her ducklings had fallen. Firefighters, whom Carney calls "the true heroes of this town," arrived with nets to scoop out the babies. She says, " It was truly amazing.  They were so dedicated to the rescue of these animals.  Imagine how dedicated to our safety the are."

UPDATE: Holly just passed along this picture of the ducklings and momma.

Police Beat: Charges of petty larceny, drinking, driving and disorderly conduct keep law enforcement busy over weekend

By Howard B. Owens

Andrew Hall-Jones, 56, of Stafford, is charged with petty larceny after allegedly stealing clothes from outside an apartment in Stafford. He is being held in Genesee County Jail on $500 bail.

Rachel A. Baehr, 22, of Elba is in jail on a bench warrant after she allegedly failed to appear in a previous child endangerment case. She is held on $500 bail. Baehr was also taken into custody Friday at 3:30 p.m. on a petty larceny charge. She is accused of attempting to steal three 12-ounce bottles of Corona beer from Kmart by concealing them in her purse.

Timothy J. Smith, 19, of Basom, is charged with unlawfully dealing with a child after allegedly hosting an under-age drinking party. The party was reportedly held Saturday night on Lewiston Road in Basom. Deputies say Smith allowed people under 21 to drink while attending the party. He was taken into custody early Sunday morning and issued an appearance ticket.

Anne Weremblewski, 54, of Batavia, is accused of using a kitchen knife to scratch a neighbor's car. She is charged with a felony count of criminal mischief. She was released on her own recognizance and ordered not to engage in offensive conduct.

Jason Cramer, 25, of Batavia, allegedly made an "unreasonable noise" inside his residence during a domestic dispute. This caused neighbors to call 911. He is charged with disorderly conduct and possession of marijuana. The incident occurred early Saturday morning.

Vincent T. Winterkorn, 50, of Rochester, was stopped for reportedly speeding along Route 33 in through Stafford on Friday at about 7 p.m. Upon further investigation, it was determined that he appeared intoxicated. He is charged with DWI with a BAC of .08 or greater, driving without a license and speeding.

Andrew J. Rock, 22, of Batavia, is charged with petty larceny. Rock is accused of attempting to shoplift two bottles of perfume from Target. He was issued an appearance ticket.

Robert Piechocki, 45, of Alexander is accused of slapping his wife during a domestic dispute. He is charged with menacing and harassment. He is held on $1,500 bail.

Care-A-Van Band Makes First Debut

By Robin Walters

The Care-A-Van Band made up of local muscians made it's first debut with a practice with our outing to a local neighborhood this past Saturday.

Stay tuned for more details on this exciting group of local talent!

Video Tour of Godfrey's Pond

By Howard B. Owens

I took a tour of Godfrey's Pond on Thursday. I shot this video while I was there. I also applied for membership.

Buffalo Bills star, WNY congressman Jack Kemp passes at 73

By Howard B. Owens

Jack Kemp, who had an impact on Western New York as both one of its greatest football players and as a congressman died Saturday. He was 73.

Congressman Chris Lee (R-26) issued this statement today:

"I was saddened to hear of the passing of Jack Kemp, and I know the thoughts and prayers of all Western New Yorkers are with his loved ones at this difficult hour.

"Jack's standing as one of the great Buffalo Bills of all time is often mentioned after his work as a reformer and great statesman. That is a testament to his prolific accomplishments and the incredible legacy of service to our nation he leaves behind."

The thing I remember most about Jack Kemp is he's the star the San Diego Chargers let get away for a $100 waiver claim.

Deal of the Day: Herbly Wonderful

By Howard B. Owens

Today's Deal of the Day: A $25 gift certificate from Herbly Wonderful in Batavia. The Batavian's Good Deal Price: $12.50 -- HALF off!

Spring is finally here! The sure sign, Herbly Wonderful is open for the season Herbly Wonderful offers a variety of flowers, herbs and teas.  Herbly Wonderful is located at 3701 Pearl St.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. 

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. ON MONDAY to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.


SOLD

Don't forget about our online exclusive from Roxy's Music: A guitar and amp, a $450 value, available through The Batavian only for $295. Click Here.

Wabbit on Washington 5-2-09

By daniel cherry

The boys and i were at Austin park today.I saw a wabbit over on Washington Ave.He or she just sat there.It seems to be a tame bunny.I dont see how it survives in the wild...dan

Deal of the Day: The Enchanted Florist

By Howard B. Owens

Here's a great offer just in time for Mother's Day: Today's Deal of the Day: A $25 gift certificate from The Enchanted Florist in Batavia. The Batavian's Good Deal Price: $12.50 -- HALF off!

The Enchanted Florist is located at 202 E. Main Street and is a charming store with crafts and floral arrangements.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. 

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. ON MONDAY to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

SOLD

Don't forget about our online exclusive from Roxy's Music: A guitar and amp, a $450 value, available through The Batavian only for $295. Click Here.

Partisanship in local media

By Howard B. Owens

Our friend Russ Stresing thinks the Batavia Daily News is pushing a Republican agenda, largely because the paper didn't publish a recent letter he wrote.

After more than two decades in journalism, I tend to take all such charges with a grain of salt. Every paper I've ever been associated with has been blasted by both sides for either its liberal agenda or its conservative agenda - at the same time.

People tend to think the local media is pushing whatever agenda they don't happen to agree with.  I think newspaper journalism has its inherent faults, and it no longer serves readers well, but overt partisan bias is rarely one of them.

The Batavian gets accused of pushing political agendas, too. To this day many local Republicans think this is a Democratic site, yet recently I've been hearing from Democrats who think we've shifted to the right.

Either charge is ludicrous. I've been open from the beginning about my own political positions -- I'm not registered with any political party and haven't been for at least a decade. I identify myself as libertarian, and I dispise partisanship in governing. 

Both Republicans and Democrats have an equal opportunity to use The Batavian to promote, if you will, their positions, policies and candidates.  If one side takes more advantage of that opportunity than the other, that is going to lead the other side to think The Batavian has taken up residence in the opposing camp. But for the partisan side holding that perception, it really has nobody to blame but itself. It simply failed to take the opportunity to be equally heard.

I believe in robust debate. All sides should be heard -- just don't get into personal attacks. On The Batavian, the rules are simple: Use your real name and don't get personal. Otherwise, you're free to pursue whatever agenda you wish. If community members don't think you're being truthful, accurate or are drawing illogical conclusions, expect disagreement (as they say, we should disagree without being disagreeable).

If Russ had submitted his letter as a blog post to The Batavian, it likely would have wound up on the home page -- not because I agree with his politics. (In fact, there are a couple of key points in his article that I disagree with.) But because it's a local opinion of local importance.

Republicans have the same opportunity to be heard, and there have been times recently where Republicans got a chance to be heard on The Batavian even though I disagreed with the particular positions taken.

In other words, the weight here isn't whether you're a Republican or Democrat, whether I agree or disagree with you a particular position, but rather is what you have to say relevant to our local audience and is your position is presented civilly.

I've been told numerous times that there is an unwritten rule among local Republicans: Don't participate in The Batavian. Why? "Because it's a Democratic site." It's a foolish mandate. The only people Republicans are hurting are Republicans. 

The perception that this is a Democratic site arose early because Democrats discovered it first. Why? Because at the time, Democrats where much more organized online and more wired, even at the local level.  When blogging first started, it was nearly exclusively a Republican/liberatarian activity, and then guys like Markos Moulitsas Zúniga  came along and recognized progressives needed to be heard in this new medium. He was aggressive about promoting a progressive agenda online and nearly all by himself created what is called the Netroots movement. You could make the case that Obama would not be president today without it.

It was the local Netroots community that found The Batavian first. Thus, their voices were more often heard than Republican voices, but it is a complete misconception to conclude that the outcome was intentional. And in those early days, we were quite happy, honestly, to have any audience.

Now, I'm told, there's this notion among some Democrats that The Batavian has become more of a Republican site, but mainly because we publish so many press releases from Chris Lee, Ranzenhofer and Hawley.

Folks, they're our elected representatives, and if they send out press releases that seem relevant to Genesee County, I'm going to publish them.

When the local Democrats send out local press releases, and I've received a couple, I'll publish those, too. 

Though in both cases, I wish more often people would just create a user profile and post under their own names. I recently rejected an op-ed piece from Steve Hawley's office because I thought it should be published under Hawley's name, not mine. It's one thing for me to write up a little summary of a press release under my name and link to the whole document verbatim, but it wouldn't be right to publish somebody else's entire opinion piece under my name.

Two days ago, Sen. Mike Ranzenhofer and Assemblyman Steve Hawley hosted a press conference about pending anti-gun legislation. I covered the press conference not because I favor Republicans, but because it was held in Genesee County.

Why was a press conference opposing possible anti-gun legislation being held in a basically pro-gun county? The perception might be that that's a bit like "preaching to the choir."

Without publicity beyond Genesee County, wouldn't the legislators' voices be muted, thereby limiting their ability to sway voters? But Ranzenhofer made the valid point that with digital media, their views can be known to voters statewide.

In other words, they picked Genesee County for the press conference because we have robust online media. If they had gone to Erie or Orleans, The Batavian wouldn't have covered it. We care most about what happens in Genesee County, without partisan considerations.

If we have any overt agenda, it's to promote localism, to promote the local community. We're all about Genesee County. We're parochial and proud of it.  

Kiwanis Club announces 2009 law enforcement awards

By Billie Owens

Press release:

The Kiwanis Club of Batavia announces recipients of its 2009 Annual Law Enforcement Recognition Awards, plus the Unsung Hero Award and winners of the Charles  L. Mancuso Award

Nominations for the Law Enforcement Recognition Awards were evaluated based on the candidates’ actions and achievements in their personal and professional lives consistent with the values of Kiwanis. All sworn and civilian employees of local law enforcement agencies within Genesee County were eligible for nomination. Those honored have demonstrated principles and ideals consistent with the Kiwanis Club:

A commitment to human and spiritual qualities, rather than material values. Adoption and application of high social, business and professional standards. Citizenship and service to the community and their agency. A desire to create and maintain sound public opinion and high idealism, which promotes compassion, justice, patriotism and goodwill.

 

 

 

The 2009 Law Enforcement Award Recipients are:

  • Police Officer John J. Zola, City of Batavia Police Department

Zola has been a member of the department for 29 years and is currently assigned to uniformed patrol duties. In addition to his regular patrol duties, he is involved in community crime prevention programs and serves as a Public Information Officer. He is also a Child Safety Seat Technician and has worked in the Detective Bureau. Zola is committed to citizenship and is very involved with youth sports activities in the City of Batavia. He continually gives of himself to the City of Batavia Police Department and community, and has a sincere compassion for crime victims. Zola resides in the Town of Batavia with his wife, Pam. They have two children, Kevin and Tonya. Zola was nominated by his commanding officer, Chief Randy Baker. 

  • Youth Officer Christopher M. Erion, Genesee County Sheriff’s Office

Erion has been a member of the Sheriff’s Office for nine years. His current duties include handling juvenile cases, teaching D.A.R.E. and assisting young people. He's a member of the County’s Juvenile Justice Planning Committee and the Emergency Response Team. He also worked with the Genesee County Drug Task Force and is a member of the Sheriff’s Honor Guard. Erion also works closely with schools in regard to youth activities. He was Officer of the Year in 2003 and is the recipient of one Commendation Award. He is a dedicated husband and father and resides in the Town of Byron with his wife, Hanna, and their two children, Grayson, age 3 and Annabelle, age 2. They are expecting their third child in July. Erion was nominated for this award by his commanding officer, Sheriff Gary T. Maha.

  • Chief Christopher K. Hayward, Village of LeRoy Police Department

Hayward is a 25-year veteran of the Village of LeRoy Police Department. He currently manages and oversees the department on a daily basis and is the liaison for numerous agencies, such as schools, within Genesee County. He has shown an unending commitment to the community and he sets high social and professional standards for himself and his officers. He was instrumental in establishing the Youth Court in LeRoy, which was used as a model for the Genesee County Youth Court. He initiated a community bicycle safety program and a public awareness program related to alcohol use by underage youth. He serves his community as a coach for the girl’s soccer league and has been a coach for the LeRoy High School girls soccer program for the past four years. He is currently an assistant coach for the girl’s varsity track team. Hayward resides in the Village of LeRoy with his wife, Kelly, and their two daughters, Kara, age 20 and Rachel, age 17. Members of the Village of LeRoy Police Department nominated Hayward for this award.

  • Trooper Ryan A. Dulkiewicz, New York State Police

Dulkiewicz has been a member of the New York State Police for 6-and-a-half years. He is currently assigned to Troop A Batavia road-patrol duties. He represents law enforcement in a positive, professional and compassionate manner.  His desire to “leave no stone unturned” in criminal investigations proves outstanding and yields tremendous results for the public and community. Dulkiewicz resides in the Town of Lancaster with his wife, Jen, and their six-month old daughter, Camarin. He was nominated for this award by his commanding officer, Major Christopher Cummings.

Other awards given were the Charles L. Mancuso Award and the Unsung Hero Award.

The Genesee County Bar Association presented the third annual Charles L. Mancuso Award to Batavia High School. It was this year's winner of the GLOW (Genesee, Livingston, Orleans and Wyoming) District Competition in the New York State Mock Trial Tournament. Mancuso was a lawyer in Batavia and coordinator of the local competition until his death three years ago.

The team, coached by social studies teacher Tim Stevens, has competed in, and won, the local tournament for each of the past seven years. They accomplished this by winning 44 out of 45 of the trials they have participated in. BHS will go on to compete in the Regional Tournament at the Genesee County Courts Facility in Batavia on Saturday, May 9.

The BHS team members honored with the Charles L. Mancuso Award include:

Jenna Bauer
Damainique Bruce
Maura Chmielowiec

Will Ely
Patrick Flynn
Sahil Jain
Kristen Klein
Chad Luce
Adi Marino
Tim Redband
CJ Shultz
Evan Sutherland


Unsung Hero Award

The Genesee County Bar Association presented its Unsung Hero Award to John Cebula, a local attorney who lives in Castile. Cebula is a graduate of Union College in Schenectady and Albany Law School. He began his career representing the indigent with Orleans Legal Aid Bureau in 1973 and became its executive director from 1975 through 1981. After a 4 year diversion to private and corporate practice, John returned to the position of executive director of Oak Orchard Legal Services. It replaced the Orleans County Legal Aid Bureau and his responsibilities expanded to serve the indigent in Genesee, Wyoming and Orleans counties. In 2004 Oak Orchard Legal Services merged with Erie County Neighborhood Legal Services and John continued as managing attorney for the Oak Orchard branch. Cebula retired from this position in 2008, but continues to represent indigent clients on a part-time basis. Throughout his career Cebula has been a vigorous advocate for the poor and has significantly “raised the bar”  in providing legal services for those in need.

Top Items on Batavia's List

Tourism Marketing Assistant Position The Genesee County Chamber of Commerce, serving as the official tourism promotion agency for Genesee County, NY is seeking an experienced marketing professional to assist in the overall Chamber tourism and marketing initiatives for Genesee County. https://visitgeneseeny.com/about/join-our-team
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Town of Batavia Court Department is seeking a part time as needed Court Officer. Court Officers are responsible for maintaining order in the court room and court facility during proceedings. Please send resume to Town of Batavia, Attention Hiedi Librock, 3833 West Main Street Road, Batavia, NY 14020. Complete job description is available on the Town web site or at the Town Hall Application deadline is April 15, 2024.
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