Stories from

Councilman Sam Barone's effort to push for a new fee system for garbage collection is stalled.

WBTA reports that the proposal went nowhere at last night's City Council meeting, and the issue has been delayed until the new council is in place at the first of the year.

Councilman Frank Ferrando said there is no public demand for changing the current method for paying for garbage collection, which is part of the city property tax.

Barone argues that a fee-based system would be more equitable, since under the current system the city's non-profit agencies that own their own buildings and land don't pay property tax. Those agencies get free garbage collection.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Jackson St. Grill, 9 Jackson St., Batavia, NY: Try the fresh, skinless haddock fish fry on Fridays. We have a $10 gift certificate for $5.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Note: There won't be a deal of the day Wednesday or Thursday. Look for a big one of Friday.

Three men from Utica have been arrested and charged with burglary for allegedly breaking into apartments yesterday at 5219 Clinton St. Road, Batavia.

They reportedly broke into the apartments during the late morning hours and stole or damaged clothing and electronics.

Taken into custody were:

• Rastafari A. Brown, 20, of 124 James St., Utica
• Kayshawn Jones, 21, of 1556 Elm St., Utica
• Sirdell L. Ruffin, 21, of Faxton St., Utica.

Each of the three men were charged with four counts of burglary in the second degree and jailed on $25,000 bail.

The case was investigated by Deputy John Duyssen, Deputy Bradley Mazur, Sgt. Gregory Walker, Investigator William Ferrando and Investigator Kristopher Kautz with assistance from the Batavia Police Department, the New York State Police and the District Attorney's office.

A state audit of the Batavia City School District found that through apparent accounting errors, some employees have been overpaid and the district has tended to over estimate expenses and under estimate revenue, resulting in an operating surplus of $6 million.

"As a result, we identified $7.3 million which has been inappropriately placed in reserves but rather should be used to benefit taxpayers," the audit report states. "Had these practices not occurred, and had District officials complied with statutory limitations for retained fund balance, the excess could have been used for District operations, or to fund necessary reserves or to reduce the tax levy."

The district plans to take corrective action, according to both the report and a press release from the district.

Those were the only two nicks on the report, which district officials otherwise characterized as favorable audit.

"The audit report delivered to the Board of Education was very positive. No graft, corruption, or misappropriation of public funds was identified," district officials said in a press release.

Our audit compares very favorably to other school district audits across the state. Other districts have been cited for administrative actions without Board approval, weaknesses in internal controls and purchasing, District actions without voter approval.  We have not been cited for any of these issues.  This audit reflects the hard work that has been done in our District to ensure that the public can trust that the District officials and Board of Education take their fiduciary responsibility very seriously.

The payroll errors, as uncovered by The Division of Local Government and School Accountability of the Office of the State Comptroller of New York, amounted to $50,000 in "improper or unsupported payments." 

Auditors reviewed payroll records for 17 employees, and reported, "Ten employees, or 59 percent, were overpaid or received compensation which was not provided for in the applicable contracts or supported by sufficient documentation."

The district's press release:

The Comptroller’s report highlights several payroll findings, which appear to be overstated when the specific findings were investigated by District staff. The actual legitimate findings amount to less than one tenth of one percent of the total payroll processed over the two year period. There is always room for improvement and we are planning to take several steps to reduce any potential risk for error.

As for the surplus funds, the district says:

The essence of this comes down to the simple fact that the District budgets conservatively, never overestimating its potential revenues or underestimating its potential expenses. This practice allows for flexibility should an unforeseen financial hardship arise, but often results in legitimate surplus.  The District has used this surplus to maintain a stable tax levy and to fund authorized reserves.  Even though the Comptroller’s Report views this negatively, there appears to be an inherent contradiction since these accounts are promoted as providing many benefits to municipalities and their citizens (www.osc.state.ny.us/localgov/pubs/lgmg/reserves.pdf).  No doubt conservative budgeting practices have allowed us to position ourselves to maintain our educational program even in difficult financial times without turning to tax increases.

Download: Full Audit Report (PDF)

Buckle up -- that's the message from local law enforcement.

The State Police announced increased seatbelt enforcement and the Genesee County Sheriff's Office will join the effort, according to Chief Deputy Gordon Dibble.

"There have been a number of deaths recently that would not have occurred had the victims been wearing their seat belt and shoulder harness," Dibble said in a press release.

The law requires all occupants in a moving vehicle to be wearing a restraint system that includes lap belts and shoulder harnesses.

From Dibble:

It is also important to understand that both the seat belt and shoulder harness make up the occupant restraint system that is designed to keep a crash victim from leaving their seat. The use of just the seat belt without the shoulder harness is illegal, and greatly decreases the effectiveness of the system. The law requires the proper use of both the seat belt and the shoulder harness. Those that buckle their seat belt, but slide the shoulder harness behind their shoulder, are in violation of the law and will be ticketed.  Unfortunately, too many people believe that wearing just the lap belt is legal. 

Anyone who has a medical excuse for not wearing the restraint system must have a doctor's note with them to show a police officer.

Seat belts and shoulder harnesses reduce injuries and save lives. Put them on and make sure everyone in your car does the same.

Wayne R. Freeman, 33, of 8545 East Ave., Gasport, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation in the first degree. Freeman was also reportedly cited for "multiple" equipment violations ("too many to list," states the Sheriff's Office report). Freeman was reportedly driving on Route 77 in Pembroke when Deputy Kevin McCarthy spotted his vehicle with an alleged broken tail light. Upon stopping Freeman, McCarthy discovered that Freeman's license was previously revoked for a prior DWI conviction and that Freeman was allegedly violating the terms of his conditional release. McCarthy then determined that Freeman was allegedly driving drunk. Freeman was jailed on $2,500 bail.

Peter B. Burton, 51, 360 Seward St., Rochester, was arrested and charged on a warrant for aggravated unlicensed operation of a motor vehicle in connection with an incident on May 22. In its press release, Batavia Police did not specify the nature of the alleged incident. Burton was jailed on $1,500 bail.

Nicole M. DellaPenna, 23, of 3842 Rose Road, Batavia, is charged with unlawful possession of marijuana and criminal possession of a controlled substance. DellaPenna was allegedly found in possession of marijuana and cocaine during an investigation of a suspicious vehicle parked on Farwell Drive.

William J. Cassidy, 28, of 107 State St., upper, Batavia, is charged with loitering. Cassidy allegedly refused to leave the area of 20 Center St. after being asked to do so by police.

James Joseph Laudico, 19, of 1055 Sliker Road, Pembroke, is charged with unlawful possession of marijuana. Laudico was reportedly a passenger in a vehicle stopped for an alleged traffic violation by Deputy Patrick Reeves. Reeves reportedly found marijuana in Laudico's left front pants pocket.

Kaitlyn Ann Kelly, 22, of 4079 Connecticut Ave., Island Park, is charged with petit larceny. Kelly allegedly stole $53.49 in merchandise from Target.

Allison Irene Thomas, 19, of 15 Robert Quigley Road, Scottsville, is charged wih petit larceny. Thomas allegedly stole $78.47 in merchandise from Target.

Ramon Cortes-Vasquez, 60, of Elba, was arrested by State Police in Elba on Friday at 2:42 p.m. on an unspecified arrest warrant. The State Police blotter item classifies the case as "immigration." It also says it is not a criminal investigation. The arrest took place at State Route 98 and Mechanic Street. Cortes-Vasquez was held without bail.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Kravings Kafe, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

NOTE: These gift certificates won't go into the mail until Dec. 1.

SOLD OUT

A driver reportedly lost control of her car, hit a house on Swamp Road and then left the scene of accident, according to a Sheriff's Office accident report.

She reportedly told Deputy Frank Bordonaro that after striking a tree and a house, a deer ran into her car.

Deborah S. Mayo, 43, of 7008 Swamp Road, Byron, is the reported driver. According to the report, she was not injured.

Mayo was charged with DWI, driving with a BAC of .08 or greater, failure to reduce speed for a curve and leaving the scene of an accident involving an animal.

According to the report, Mayo was driving in the area of 6657 Swamp Road at about 11:07 p.m..

I say it all the time -- if Western New York is going to turn itself around, to really spur a new era of job growth and economic vitality, it's going to take homegrown businesses leading the way. It's not going to happen by trying to recruit out-of-state industries into the region.

Daily Yonder has a post today that backs that supposition. It's about how North Carolina paid Dell a lot of money to locate a facility there, but now Dell is closing. Meanwhile, a locally grown company that got almost no government assistance is adding 600 jobs.

When are we going to halt public expenditures on the "buffalo hunt" for footloose industry and instead focus our resources and efforts on the sector that produces by far most of the jobs -- existing industry and homegrown business?

Note, that the author isn't against the kind of infrastructure development going on at the new agri-business park (though I know some of our conservative readers will take issue with the expenditure). He's talking about tax breaks and outright grants to bring in business.

The scholarly literature on incentives shows that they are a very poor investment of public resources. And, of course, the business sector has become expert at playing off one state against another in something akin to corporate extortion; and who can blame them?

Imagine if the South in general and North Carolina in particular had put all of the money spent on industrial recruitment into education, training and small business support. We would be watching even more Quintiles, Cree, PPD, Southern Seasons, Performance Bicycle and other homegrown entrepreneurial success stories all across North Carolina. And, although there are no silver bullets in economic development, homegrown businesses are more likely to stay put, invest in the local community, provide stable civic leadership and keep the control and wealth local instead of away at some remote corporate headquarters.

I continue to maintain that we need to find some way to spur more entrepreneurship, to encourage people already living and working here to take their great ideas and turn them into businesses. If we do invest (as taxpayers) in job growth (not saying we should, just if we do), it should be in businesses started locally, not in recruitment.

Genesee County's jobless rate continues to be a bit better than New York as a whole, but that's only looking at the glass as half full.

From the half-empty perspective, there were more people unemployed in Genesee County in October than there were in September.

The county's rate inched up from 7.1 percent to 7.3 percent.  (full data from the state here)

Meanwhile, the state rate climbed to 9 percent.

The even less rosy number is the jump over the past year for Genesee County from a 5.2 percent unemployment rate to the current 7.3 percent.

Robert R. Davis, 48, 1355 Main Road, Corfu, is charged with criminal possession of a weapon in the fourth degree. On Nov. 15, the Sheriff's Office received a report of a reckless driver in the area of 8483 Allegheny Road. During the investigation, Deputy Howard Carlson came into contact with Davis and during the investigation, reportedly discovered a switchblade knife on Davis.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Great Kutz, in the Valu Plaza, 4152 W. Main St. Road, Batavia, NY: Men, enjoy a $5 haircut again with this offer exclusive to The Batavian. (gift card can be applied toward other services, but not products).

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Starting today, and for the next 11 days, Billie and I will mostly be away from Batavia.

Today, I drive down to Bloomsburg University in Pennsylvania, where I'll do a local television interview and then speak tonight to the Keystone State Chapter of the Society of Professional Journalists.

On Saturday, Billie and I fly to California and will be gone until Nov. 30.

But don't worry -- you'll still have news coverage (and deals of the day!) while we're gone.

I'll have my laptop with me, of course, while I travel, and will stay on top of things as best  I can. When the police and Sheriff's Office sends out press releases, I can still do "Police Beat," for example. There will be other items that will come in that I don't need to be in Batavia to post. Also, if necessary, I can do phone interviews for any coverage that needs to be handled that way.

Dan Fischer at WBTA will also post any breaking news and other items of interest to the site.

We've also asked our correspondents to be sure and post an item or two each.

I'm sure there will be reader submissions, and of course we always encourage those.

Probably the key bit of coverage at The Batavian provides that will be missing while were gone is the scanner coverage -- won't be able to hear the scanner in California.

Of course, we still encourage news tips -- if they're something you think we should try to get more information on, use the news tips button on the upper right or e-mail me. We'll do our best to follow up as quickly as possible.

As for Deals of the Day, there should be posts on Monday, Tuesday, Wednesday and Friday (a nice big one of Friday in honor of "Black Friday"). The key thing to note is that we won't be able to mail out gift certificates to winners until Dec. 1.

New Today, Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta, Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $15 gift card for $7.50.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

Total Image Hair Salon/Sarah and Amanda Lowe, 226 Ellicott St., Batavia, NY: Time to update your style? Try something different or finally get the hair styling you've dreamed of, give Sarah or Amanda at Total Image a try. We have a $22 gift certificate for $10.

Kravings Kafe, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Belladessa's Pizzeria/Jackson St. Grill, 9 Jackson St., Batavia, NY: Here's a deal -- half off on a Family Meal Deal from Belladessa's, which is a large 1 topping pizza, 24 wings and 2-liter bottle of soda. It's a $25 value for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.