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By this time Tuesday, the year's long dispute between the City of Batavia and the City Centre Mall Association will be resolved, or the two sides will be in an Erie County courtroom.

A bench trial was scheduled to begin tomorrow before Erie County Supreme Court Justice Catherine Panepinto.

That date has since been moved to Monday, the same day the merchants are scheduled to hold another vote on the settlement.

City Manager Jason Molino, speaking on WBTA's Main and Center program this morning, says the merchants have held up the vote that had been scheduled for earlier this month.

“The merchant's legal counsel was the one who recommended the adjournment from October 2nd to the 23rd," Molino said. "They knew well in advance when the trial was, we did not suggest that nor did we agree to that.

"The judge, at this point in time, does not want to postpone because if the settlement agreement does not pass, the trial has to go on.”

The primary issue in the dispute is over who is primarily responsible for ownership and maintenance of the mall concourse.

The proposed settlement places the responsibility squarely in the hands of the city and provides some cash for roof repairs.

The City Council ratified the settlement in February of this year but the mall merchants never voted to approve the settlement.

If the merchants approve the settlement on Monday there will be no need for a trial and it would bring to a close a long-simmering dispute that has hindered any attempt to improve the neglected and crumbling concourse.

“(The settlement) null and voids all the other agreements," Molino said. "The inter-tangled web of it (the old agreements) are gone. That was the first term of the term sheet – all the existing agreements are null and void. All the things that created the mess we are dealing with are gone.

"We have very clear ownership, which is the city, very clear responsibility, which is the city. Very clear as to who is responsible for capital improvements, maintenance, and operations – it is one entity, the city. Right now, it is not one entity and that is part of the problem.”

Story via our news partner, WBTA.

As County Manager Jay Gsell gets closer to pitching his proposed 2018 budget to county legislators, the focus in budget talks is on what staff positions will be created and which will be eliminated.

New positions might include a compliance officer, a first assistant district attorney, and a program coordinator in the Department of Mental Health.

On the way out are a child care worker in Social Services and a youth program specialist in the Youth Bureau.

Many of the positions being eliminated are reclassifications of jobs within the same department. For example, in Mental Health, two part-time clerk-typist positions become one full-time position. Public health is eliminating a principal financial support specialist but adding an administrative officer and part-time senior financial clerk-typist.

If a first assistant district attorney position is created in the District Attorney's Office, which is expected to go to Melissa Cianfrini at a salary of $111,783, an assistant district attorney position, with a salary of $91,915, will be eliminated.

The headline new position, however, is the compliance officer. The potential salary is $87,694 and the position will report to the county manager. The compliance officer will make sure the county is meeting all federal and state requirements for privacy, disability accessibility, health record privacy and other codes and regulations that are often tied to the grants the county receives from state and federal agencies.

“If Tim Yaeger or somebody wants to apply for a Federal grant, a Homeland Security grant, or some other kind of grant, they can the requirement of the grant, hand it to the compliance officer who can digest it and make sure we are currently meeting the requirements or what kind of changes do we need to make administratively to make sure we’re going to meet requirements,” said Matt Landers, assistant county manager.

There are millions of dollars in grants at stake in the county if the county fails to meet compliance requirements. 

The qualified job applicant will have a four-year degree and at least two years related work experience, or a master's degree and two years experience.

The Youth Bureau is eliminating a position because there's no guarantee the federal government is going to continue to fund Americorps. That program ends at the end of the year and the current director of the program will spend January and February winding down the program and then will be out of a job.

The Sheriff's Office is also asking to add two new positions, an assistant to the director of emergency communications, at a salary of $67,109, and an emergency services dispatcher, $43,128.

From the current budget draft, Gsell must trim $257,831 to arrive at a tax rate of $10.13, which keeps the tax levy increase within the tax cap limit. Without further cuts, the Legislature would need to approve a tax cap override. If the Legislature wants to get the tax rate down to this year's $10.07 per thousand of assessed value rate, Gsell will need to find $460,000 in additional spending cuts.

Gsell will present his draft budget and his annual budget message later this month.

The County Clerk's Office continues to deal with a surge in work related to pistol permits, County Clerk Michael Cianfrini told the Legislature's Ways and Means Committee on Wednesday during a department review.

From 2009 through 2012, the office handled an average of 206 new pistol permits and 1,400 amendments to permits (adding or removing guns). In 2016, there were 671 new permits issued and 3,190 amendments. In 2017, the office is on track to issue 450 new permits and handle 3,800 amendments.

Much of the new pistol permit work is a result of the SAFE Act. Anybody who had a permit issued before 2013 must recertify their permit by 2018. 

The amendments are being driven by the need to correct the record on what pistols permit holders still own.

And that can be time-consuming. 

"We have permit holders looking to remove guns they perhaps sold in the 1980s," Cianfrini said. "A lot of times they don't know when they sold it or where they sold it. Our pistol clerk has to try and track down those guns and find out when they were sold, where they were sold and where they're registered now."

It's a lot of extra work and there's no state reimbursement for the staff time.

Among the other news out of the department, many of the forms and documents that people need to file with the County Clerk's Office can now be filed electronically. That's especially helpful, Cianfrini noted, for people living out of the county or out of state.

In about six months, the office will also be able to accept electronic filings of documents in civil litigation.

Cianfrini also displayed for legislators two Donate Life trophies. This is the second year in a row the county's Department of Motor Vehicles has won the small- and medium-county division of the state's competition for signing up the most people to become organ donors.

"It's something we’re very proud of," Cianfrini said. "My staff takes it very seriously. They really try to push it and so far we’ve been successful."

The County Legislature won't take a position on a GOP proposal to eliminate deductions on state and local income taxes after the Ways and Means Committee failed Wednesday to move forward a resolution to oppose the change in the federal tax code.

A draft resolution, written by the NYS Association of Counties and the National Association of Counties, was sent to the County Legislature and after Legislator Marianne Clattenburg made a motion for the committee to send the resolution to the full Legislature, Ray Cianfrini, a member of the committee and chairman of the Legislature, said he opposed the resolution.

"I think it only benefits the very rich and not most of the people," Cianfrini said.

Cianfrini said when practiced law, a portion of his practice involved tax law and he saw very few clients taking the kind of itemized deductions that would allow them to deduct their payments of state and local income taxes.

Congressional Republicans are also talking about increasing the size of the standard deduction and Cianfrini calculates that the first $34,000 earned by a household would not be taxed. That would make it even more impractical for most people to itemize their deductions.

"I don’t pay $20,000 in state income tax, so what benefit is this to me?" Cianfrini said.

Clattenburg said she supported the resolution because New York is one of the highest taxed states in the Union and New York sends more money to Washington than it gets back.

Legislator Andrew Young said he supported the motion only because he thought the full Legislature should get a chance to vote on it but that he would probably ultimately vote against it.

Committee Chairman Bob Bausch opposed the resolution because he said he didn't think the Legislature should be lobbying Congress on tax policy.

With a 2-2 vote, the motion to move the resolution forward failed.

Linda L. Henry, 54, of Ellicott Street, Batavia, is charged with disorderly conduct. Henry is accused of using abusive and obscene language in a public place with several people in the area. The incident was reported at 8:35 p.m. Saturday at Woodward Field on Union Avenue, Batavia.

Nicole R. Elmore, 29, of Jackson Street, Batavia, is charged with second-degree harassment. Elmore allegedly punched another person in the face and arms in an incident reported at 12:48 p.m. Wednesday at a residence on Chestnut Street, Batavia.

Leaha Raeanne Wimmer, 25, of Allen Street, Albion, is charged with criminal possession of stolen property, 4th. Wimmer is accused of possessing and using the debit card of another person without permission. The incident was reported at 5:12 p.m. Sept. 17 at a location on Prospect Avenue, Attica, and investigated by Investigator Chad Minuto, Genesee County Sheriff's Office.

Press release:

Residents of the following streets can rake leaves to the parkway, but do not place in the street; these streets are Clinton Street, Oak Street, Main Street (including East and West Main Street), Pearl Street, South Main Street (between Oak Street and Walnut Street),Walnut Street, Richmond Avenue (between Oak Street and Prospect Avenue). If your street has a route number (i.e., Route 5, Route 33, Route 63 and Route 98), then please keep leaves out of the roadway.

All other streets are asked to rake leaves to the curb line, taking care not to block storm drainage structures/catch basins or not to block travel way of streets.

Leaf operations typically have one crew on the Southside beginning on River Street moving east in areas south of Main Street and second crew on the Northside will work from Grandview Terrace moving west, north of Main Street. A third crew will work using a vacuum along main roads and numbered routes. It takes about two weeks to go through the entire city.

Any resident with leaves can also bring them to the yard waste station until it closes for the season on Dec 9. Beginning Nov. 6th, the Yard Waste Station hours will be adjusted to 11 a.m. to 5 p.m. Monday through Saturday.

IMPORTANT INFORMATION ABOUT LEAF COLLECTION:

• Leaf piles must be clear of sticks and other debris;

• Grass clippings, flower pottings, branches, pumpkins CANNOT be picked up and residents are encouraged to bring those items to the Yard Waste Station on Law Street;

• Leaves should not block traffic;

• Leaves should not be piled near intersection corners. This causes sight issues for motorist/bicyclists/pedestrians;

• Keep leaf piles clear of drainage ways and catch basins. Blocked drainage leads to localized flooding;

• Leaves should not be piled around mailboxes, power poles, fences, fire hydrants or other obstacles;

• Do not park on leaf piles. The heat from a vehicle exhaust system could start a fire;

• Do not wait to get your leaves out. We will normally collect leaves twice within the month of leaf collection;

• If it is snowing, we plow first. If it continues to snow, then leaf operations will be suspended;

• There is no leaf pickup in the spring.

Press release:

Richmond Avenue will be closed between Bogue Avenue and Woodrow Road on Thursday, Oct. 19th, between the hours of 7 a.m. to 3 p.m. for street repair.

All motorists are asked to avoid this area and seek alternative routes. While work is being performed in this area, the roadway will be closed to all through traffic. Local traffic will be permitted to and from their residence/property but should plan accordingly for delays.

All residents/businesses within the work area are asked not to park on the roadway during repairing operations.

This is weather-dependent work. If work is postponed it shall progress next work day. Please, plan accordingly and contact the Bureau of Maintenance with any questions. Thank you for your cooperation in advance. 

UPDATE 12:35 p.m.: Richmond Avenue is reopened to all through traffic.

A group of non-smoking residents at 400 Towers are demanding stronger enforcement of a no-smoking policy that was instituted in April and they've prepared a petition for the Housing Authority asking for sterner measures against rule violators.

Nathan Varland, executive director of the Housing Authority, said the agency is doing everything it can to enforce the ban on smoking in apartments, in the building and anywhere within 25 feet of the building.

"I'm also frustrated," Varland said. "We put a policy in place in order to help us go in a healthier direction and it's something I feel strongly about and something I want to move forward on."

Varland has been the director since 2015 and he said work on the policy began under the previous housing director. It took a long time to implement because the authority wanted to make sure it was rolled out to residents in a way that gave them time to adjust their living arrangments if necessary.

There was a 60-day notice prior to the policy becoming official. That gave residents who wanted to continue smoking in their apartments time to move and while some people did move during that 60-day period, Varland couldn't say whether they left 400 Towers specifically because of the new policy.

There have been five residents who quit smoking as a result of the new policy, however, Varland said.

According to the non-smoking residents, many who gathered in a meeting Friday night led by resident Beverly Morgan, most of the residents who smoke are complying with the rules, but there are about 20 residents who continue to either smoke in their rooms, in hallways and stairwells or in the front of the building.

"There's no place you can go outside and not smell smoke," Morgan said.

Residents expressed concerns about the dangers of secondhand smoke, especially for vulnerable people, such as seniors and those with related medical issues. It's not just an issue with smelling smoke, they said, but a real health concern.

Under the new policy, smokers who violate the rules get three chances to comply. First, there is a written warning, then a fine, and then eviction.

"I know for a fact there are some people who should have been evicted already," said one resident at Friday's meeting.

That isn't accurate, Varland said. There are a few residents who are on the cusp of a third violation, but they haven't crossed the line yet.

"There are certainly not people who have three strikes right now," Varland said. "We go by our own policies as much as we try to enforce our policies fairly. If we have evidence we move ahead with eviction."

Getting evidence can be difficult, however. During non-office hours, the only people around to file complaints about smokers are other residents. There is a group of volunteers who are empowered to patrol the building and grounds and turn in complaints, but those complaints must still be substantiated in order for the housing authority to take action.

While the Batavia Housing Authority developed its own policy, during the period of implementation, the Housing and Urban Development Department issued its own policy banning smoking at HUD-funded facilities.

"A few tenants have been slower to realize that it's time to change their habits or move," Varland said. "That's up to them. We can only enforce our policy the way it is intended and we're going to enforce it."

The authority also recently received a grant from the Greater Rochester Health Foundation to build amenities, outdoor spaces, for non-smokers and those projects should be completed by late spring or early summer, Varland said.

Cigarettes aren't the only smoking issue Varland is dealing with. Residents said, and Varland confirmed, there is also some marijuana use at 400 Towers. 

Varland said the housing authority is bound by federal law to treat smoking marijuana like any other illicit drug use. It's a crime and Batavia PD has been cooperative in trying to investigate these crimes, he said.

"We are forced to take it very, very seriously," Varland said.

At its annual meeting at Terry Hills yesterday, Cornell Cooperative Extension of Genesee County celebrated its 100th anniversary. The board also recognized CCE's staff and volunteers, including Paul Randall, who has been a master gardener for 25 years.

Above, Brandie Waite presents Randall with a pin and certificate. Randall, a resident of Elba, has averaged more than 100 hours of volunteer service for the past 25 years. He has volunteered for diagnostic home visits, judged horticulture entries for the Genesee County Fair, assisted in master gardener training, performed "countless" pH soil tests, assisted with the tree survey at the State School for the Blind, and helped plan and plant the garden at the CCE's building on East Main Street in Batavia.

County Legislator Mike Davis was the keynote speaker. Davis, who has 72 days left in office, has served as legislative liaison to CCE. Last year, the county reduced funding for CCE along with other outside agencies and Davis said he opposed the cuts and will oppose any further cuts during this year's budget discussions.

"There are great things going on at CCE," Davis said.

Director Bev Mancuso said when she took the job in 2003, she went out and talked with people in the community about what made the extension valuable and important.

"It was really interesting because, overall, the feedback I got was that our programming was really seen as vital to the fabric of our community and that through our programming we could rebuild the moral fiber of our society," Mancuso said. "Wow. I remember when people said that to me and the thing that struck me was I thought, ‘I want to be able to do that through our programming. I want to to be able to make this place better.' I wanted to do it because I believed our staff could do it. I believed the volunteers and the leaders and program participants could do it. And I believed that this community deserved it."

Besides supporting local agriculture, the extension supports 4-H and Leadership Genesee.

"We have touched a lot of lives in the past 100 years," she said.

Assemblyman Steve Hawley presented an Assembly proclamation recognizing CCE's 100th anniversary.

A bicyclist has been hit by a car at Richmond Avenue and Vernon Avenue, Batavia.

City fire and Mercy EMS responding.

Timothy John Beaudoin, 29, of Maltby Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, speeding, and driving left of pavement markings. Beaudoin was stopped at 1:30 a.m. Sunday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello. 

Randy J. Heslor, 24, of Cherry Street, Batavia, is charged with second-degree aggravated unlicensed operation and no seatbelt. Heslor was stopped at 3:30 p.m. Saturday on Jackson Street, Batavia, by Officer Christopher Lindsay.

Frank Mastrodonato, 33, of Rochester, is charged with unlawful possession of marijuana and speeding. Mastrodonato was stopped at 12:02 p.m. Monday on Route 33, Bergen, by State Police.

Sen. Charles Schumer is using the visit of Vice President Mike Pence to draw attention to the potential impact of the GOP-proposed tax plan would have on WNY, including in the congressional district of Rep. Chris Collins.

Schumer said that in the NY-27, 29 percent of taxpayers take a deduction for paying state and local taxes for an average deduction of $12,125.

The GOP plan calls for the elimination of the deduction. 

“Eliminating the state and local deduction, while slashing taxes for the wealthy and huge corporations, will hurt middle-class taxpayers, and various attempts at a ‘compromise’ are just as bad," Schumer said in a release. "If the Republicans cap the state and local deduction too high, they will still blow a huge hole in the deficit. Cap it too low, and they’ll continue socking it to the middle class. And forcing people to choose between the state and local deduction and other deductions is like offering to taxpayers to cut off one hand or the other."

We asked Schumer's office for data on Genesee County and locally, a press aide provided a link to the Tax Foundation, which shows the average state and local tax deduction for Genesee County is $2,257. (The formula for this calculation appears to be different then the calculation presented by Schumer's office in the second paragraph above. That formula is the average of the 29 percent taking the deductions; this formula, according to the article, is an average of all filers in the county.)

To claim the deduction, filers must itemize their deductions, which might include things like health care costs, mortgage interest, and charitable contributions. 

Filers who don't itemize can take the standard deduction, which is currently $6,350 for single filers and $12,700 for married couples.

The current GOP tax plan calls for simplifying deductions and increasing the amount of the standard deduction. 

Collins expressed support for elimination of the state and local tax deduction in an interview with The Batavian last year when we produced our series on Trump, trade and the local economy.

“When Vice President Pence arrives in Buffalo today, I hope he’s prepared to explain why he wants to hike taxes on thousands of middle-class families in the Buffalo area and across the country," Schumer said. "It hurts the middle class; it hammers the New York economy; and, it undermines property values."

A head-on collision involving a car and a garbage truck is reported in the area of 578 Scribner Road, Pembroke. 

Injuries are reported  

Pembroke fire and Indian Falls fire and Darien ambulance requested to the scene. 

UPDATE 7:32 a.m.: It appears to be minor injuries. 

An ambulance is requested for a possible injury after a car has hit a deer on Clinton Street Road near Ivison Road, Byron. 

There was airbag deployment. 

Byron Fire, South Byron and Mercy EMS responding. 

Tatiana C. Lugo, 22, no permanent address, Batavia, is charged with: second-degree harassment;third-degree robbery; endangering the welfare of a child; tampering with physical evidence; and criminal mischief, 4th. Lugo was allegedly involved in a fight with a male on Bank Street at 1:02 p.m. Sunday in the presence of two young children. During the course of the investigation by officers Kevin DeFelice and James Prusak, Lugo allegedly stole property from the victim. Lugo was ordered held without bail.

Patrick Ervin Say, 57, of Nesbitt Road, Attica, is charged with DWI, driving left of pavement markings, and failure to keep right. Say was allegedly involved in a single-car accident on Molasses Hill Road, Bethany, at 5:43 p.m. Sunday. The accident was investigated by Deputy Ryan Delong and Sgt. Jason Saile. (Initial Report)

Shane Lee Hoehn, 43, of Seven Springs Road, Batavia, is charged with DWI, driving with a BAC of .08 or higher, failure to notify DMV of address change, and driving over the divide on a divided highway. Hoehn was stopped at 2:16 a.m. Sunday on East Main Street, Batavia, by Deputy Eric Meyer.

Clifford W. Matthews, 43, of Batavia Stafford Townline Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, drinking alcohol in a motor vehicle, and leaving the scene of a property damage accident. Matthews was allegedly involved in an accident on Batavia Stafford Townline Road, Stafford, at 4:43 p.m. Friday. The accident was investigated by Deputy Jenna Ferrando and Sgt. Eric Seppala.

Shawn Micheal Koegl, 30, of Alleghany Road, Attica, is charged with: DWI; driver view obstructed; possession of an open container; failure to keep right; and uninspected motor vehicle. Koegle was arrested following an investigation by deputies Mathew Clor and Eric Meyer into an accident at 2:02 a.m. Saturday on Route 77, Darien.

Passiona C. McConnell, 39, of Bank Street, Batavia, is charged with a curfew violation under the Batavia Municipal Code. McConnell was charged after her underage son was located in public after curfew. The youth was located at 12:59 a.m., Oct. 7, in the area of 20 Main St., Batavia, by Officer Peter Flanagan.

Michael J. Henry, 50, of Ellicott Street, Batavia, is charged with disorderly conduct. Henry allegedly refused a lawful order by police to disperse at 10:45 p.m. Saturday while at Van Detta Stadium. Henry was arrested by officers Frank Klimjack and Stephen Cronmiller.

Joseph R. Paner, 37, of Cheekwood Drive, Cheektowaga, is charged with driving while ability impaired by drugs. Paner's vehicle was located after a complaint at 9:27 p.m. Saturday on Genesee Street, Pembroke, of a vehicle being operated erratically. Deputy Ryan DeLong initiated a traffic stop. Assisting in the investigation was Sgt. Thomas Sanfratello and Deputy Eric Meyer.

(name redacted upon request), 42, of Bethany, is charged with DWI. xxxx was stopped by State Police in the City of Batavia at 9 a.m. Friday. No further details released. 

A driver of a liquid transport truck was cited for alleged failure to properly position his truck in his lane of travel for a right-hand turn Friday morning in connection with a truck vs. car accident on Route 77 in front of the Flying-J.

Cedric T. Hamilton, 45, of Chattanooga, Tenn., was cited following an investigation of the accident by Sgt. Ron Meides.

According to the accident report, Hamilton exited the Flying-J parking lot and was heading north on Route 77 in the center left-turn-only lane. Hamilton then allegedly initiated a right-hand turn into the driveway of the Econo Lodge truck parking lot. 

The truck struck the driver's front corner of a 2010 Infinity SUV driven by Jason Stanton, 39, of Lockport.

Neither Stanton nor Hamilton were injured as a result of the accident.

(Initial Report)

A car has reportedly struck a deer on the Thruway in the eastbound lanes near mile marker 384.5. 

There was airbag deployment. 

Minor injuries reported. 

Le Roy fire and Le Roy ambulance dispatched. 

A one-vehicle rollover accident is reported in the area of 10911 Molasses Hill Road, Bethany.

One person may have suffered a head injury.

Bethany fire and Mercy EMS dispatched.

UPDATE: Photos of the vehicle after it was towed submitted by a reader. No further updates available at this time.

Invictra, comprised of four young men from Le Roy, is the Battle of the Bands champion in the annual summer-long contest sponsored by Smokin' Eagle BBQ & Brew.

Invictra and The Travis Prinzi Band battled in the finals last night in a tent outside the tavern in Le Roy and the judges and audience picked the heavy metal quartet as the winner.

Invictra is Josh Zalar, vocals and guitar, Alex Dunn, guitar, Dylan Thompson, drums, and Steve Stephany, bass.

The band released a single in July, "A Cardinal Sin."  

The band was the first entry to perform this summer and the growth of the band from June to October was apparent in last night's performance. There's a real polish to their performance now. They are tighter, more confident, more polished and perform with greater energy.

In addition to the championship title and a chalice, the band received a $1,000 cash prize.

The Battle of the Bands raised $3,000 for Golisano Children's Hospital.

The Sheriff's Office has made an arrest in the stabbing of a man behind businesses on Veterans Memorial Drive, Batavia, on Friday night.

Jeffrey L. Barr, 18, no permanent address, was located by Batavia Police Officer Christopher Lindsay at State Street and Washington Avenue, Batavia, at 8:30 p.m. on Saturday.

Barr is charged with attempted murder in the second degree, a Class B felony. He was arraigned in Town of Batavia and jailed without bail.

Barr is accused of stabbing a man from Buffalo multiple times, including in the neck and chest, at 9:30 p.m., Friday, behind the mall at 4140 Veterans Memorial Drive, the location of Jagged Edges, Pawn King, Yume Asian Bistro and Peebles.

The victim stumbled to the parking lot of Batavia Downs where he was located by a good Samaritan who called 9-1-1. Deputies arrived on scene and provided first aid until Mercy medics arrived.

Barr was identified as the suspect early on and deputies and members of the Local Drug Task Force, working closely with Batavia PD, spent most of Saturday trying to locate him, based on tips that indicated he was in the Batavia area.

The name of the victim and his current medical condition has not been released.