Skip to main content

Stories from

Wednesday's Deals: Seven great local businesses

By Howard B. Owens

Adam Miller Toy & Bicycles, 8 Center St., Batavia, N.Y.: 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.

T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: 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. When you need to book your next party, think T.F. Brown's. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

Settler's Restaurant, 353 W. Main St., Batavia, N.Y.: 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.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.

The Enchanted Florist, 202 E. Main St., Batavia, N.Y.: Brighten up your home or office with flowers!  We have a $20 gift certificate for $8.50.

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

Alex's Place, 8322 Park Road, Batavia, N.Y.: 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.

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

Sold Out

 

Free Muckdogs Tickets for Thursday from The Batavian

By Howard B. Owens

Let's meet up at Dwyer Stadium Thursday and take in the greatest show in town -- a Batavia Muckdogs baseball game.

The game against the Auburn Doubledays is the next to last home game of the season, and I have free tickets available.

Between what the Muckdogs gave me for advertisers' appreciation night (because The Batavian was a sponsor this year) and the unused season tickets I have -- I have 28 tickets available.

E-mail me your request for tickets and we can either arrange for you to stop by the office to pick them up or meet me before the game and I'll give them to you.

Game time is 7:05 p.m. and my e-mail address is howard (at) the batavian dot com.

Request as many tickets as you like, just make sure you can use them. First come, first served.

I usually set in the third-base bleachers and you're welcome to join me for the game. Heck, I might even let you buy me a beer.

County Health Department announces flu shots

By Howard B. Owens

It's that time of year -- time to start planning on flu shots.

The County Health Department issued a press release today notifying residents that flu shot clinics are in the works.

The first one is tentatively scheduled for Sept. 18.

Tentatively because only about 1/4 of the needed vaccine has been delivered to the county so far.  The remaining doses should arrive in September or October.

Full press release after the jump:

The Genesee County Health Department has tentatively scheduled Seasonal Influenza/Pneumococcal Clinics pending receipt of vaccine. One-fourth of the vaccine has been received, while the remaining doses are scheduled for delivery during the months of September and October.  Updates will be published and broadcast through the Daily News, WBTA, the Batavian, and the Genesee County Health Department website at www.co.genesee.ny.us.  Verification of flu clinics can also be obtained by contacting the Health Department at (585) 344-2580, extension 5000.

Friday, September 18        10:00 am.-  2:00 pm    County Building #2, 3837 West Main St. Rd., Batavia
Thursday, September 24     4:00 pm –  7:00 pm    County Building #2, 3837 West Main St. Rd., Batavia
Thursday, October 15         9:00 am – 11:00 am    Office for the Aging, 2 Bank St., Batavia
Monday, October 26        10:00 am –  1:00 pm    Batavia Downs Casino, 8315 Park Road, Batavia

The Health Department can bill Medicare Part B, American Progressive, MVP (Preferred Care), Independent Health, Excellus, Blue Cross of WNY and Univera.  Empire (State Insurance Fund) cannot be accepted.  Clients are responsible for co-pays or unpaid claims. For all others, the cost at time of vaccination is  $35.00 for Influenza and $55.00 for Pneumococcal vaccination.

The New York State Department of Health (NYSDOH) recommends that all persons, including school-aged children, who want to reduce the risk of becoming ill with influenza or of transmitting influenza to others should get the flu vaccine.  In other words, when there is an adequate supply everyone should get the seasonal flu vaccine.  According to the Centers for Disease Control (CDC), those individuals at greatest risk for serious complications, close contacts, and those most likely to get or spread the flu, should get the seasonal flu vaccines in September or as soon as vaccine is available. It is not too early to get the flu vaccine as the protection will not wear off before the flu season is over. Those at high risk include:

•    Children aged 6 months up to their 19th birthday.
•    Persons aged 50 years or older.
•    Children and adolescents receiving long-term aspirin therapy.
•    Women who will be pregnant during the fu season.
•    Adults and children with chronic lung, heart, kidney, liver, blood or metabolic disorders (including diabetes) or any condition that can compromise respiratory function.
•    Residents of nursing homes and other chronic-care facilities.
•    Health care personnel.
•    Healthy household contacts and caregivers of children aged 59 months or younger or persons with medical conditions that put them at higher risk for severe complications from influenza.

The CDC clarifies that the annual flu vaccines contain a seasonal Influenza A (H1N1) virus which is not the new 2009 H1N1 influenza virus (Swine Flu) that has caused the current pandemic. The persons prioritized for initial doses of H1N1 vaccine are not the same groups that seasonal influenza vaccine is targeted for.  The seasonal flu vaccine is not expected to protect against infection of 2009 H1N1 influenza virus. The CDC is very clear regarding the targeted group for H1N1 vaccination; however, availability and demand can be unpredictable, and there is the possibility that initially the vaccine will be available in limited quantities. In this setting, that target group would be initially reduced to a priority group to include those most at risk.

The Genesee County Health Department is committed to offering information to the community as it becomes available.  Future news releases will be provided as further information regarding clinics for seasonal influenza and H1N1 (Swine Flu) become available.  
 

Driver hurt after apparent mechanical failure on Warboys Road

By Howard B. Owens

A driver suffered a facial injury and was apparently in shock following a one-car accident on Warboys Road in Byron Monday at 6:32 p.m.

The accident was apparently caused by mechanical failure.

The driver, operating a 1995 Chevy truck, reported hearing a clunk and then his tires locked up. The car then traveled off the road striking a utility pole, which was sheared from its base.

Joseph T. Oliveri, 18, of 7944 Sacett Road, Bergen, was transported to Lakeside Memorial Hospital.

Deputy Tim Wescott investigated the accident.

Le Roy Democrats announce slate of candidates

By Howard B. Owens

Le Roy Democrats picked their candidates for local offices on August 9, according to a statement sent to The Batavian this afternoon.

Richard Zarajczyk, the Le Roy Chair, wrote that Judge Kermit Arrington was endorsed for a 6th term as town justice.

Tom Stella, an incumbent councilman, was endorsed for a full four-year term.

Jennifer Keys was nominated for a two-year term on council

Full announcement after the jump:

On August 9, 2009 at the LeRoy Village Hall, the LeRoy Democrats caucused and selected candidates to run for office in the November 3rd general election. 

Judge Kermit Arrington was nominated and voted unanimously to run for his 6th term for Town Justice. He has the experience and even temperament needed to continue his service on the LeRoy bench. Judge Arrington served in WWII and is a member of the  Genesee County Magistrates Assoc., American Judges Assoc., WNY Superintendent Assoc, Excelsior Hook & Ladder and was a past recipient of the LeRoyan of the Year award.  He is retired from the LeRoy Public Works Department where he served as Superintendent for 34 years.  He resides on Craigie Street. He welcomes his opponent Darryl Sehm to the race.

Tom Stella, incumbent councilman, was nominated and voted unanimously to run for a full four year term.  He is the Deputy Supervisor after winning a one year term last year and has served almost two years on the town council where he sits as the farmland protection and fire commission liaison.  He was appointed to fill a vacancy in 2008. He has been instrumental in finding cost savings in the town hall infrastructure.   Tom is employed at LeRoy Central School, is a Viet Nam veteran and bronze star recipient and a social member of Oatka Hose. Tom and his wife Debbie live on South Street Rd and they have a grown daughter, son in law and new grandson.

Newcomer Jennifer Keys was nominated and voted unanimously and will run for the two year term.  Jennifer is civic minded with experience in community service both here in LeRoy and in her former neighborhood in Rochester where she founded her neighborhood watch organization and served as the volunteer scheduler for the Police and Citizens Together Against Crime group. She holds degrees from Brockport in Psychology and Political Science with a Masters degree in World History. She has worked as an adjunct professor at MCC and a social worker at St Joseph's Villa. She currently serves on the LeRoy PTSO board.  She lives on East Main Street with her husband and two children.

There was a declination filed which leaves one opening for a four year term.  Anyone interested in seeking this position please contact Richard Zarajczyk at 734-1008 no later than September 29.

City ambulances - out of service

By Howard B. Owens

I happened across this scene this afternoon -- four of the city ambulances sitting next to the fire hall on Evans -- out of service.

No Creole interpreter available today for Batavia man's arraignment

By Howard B. Owens

A man accused of assault and endangering the welfare of a child couldn't be arraigned in City Court today.

Jimpce J. Etienne, 33, of 30 Buell St., Batavia, speaks Creole and a Creole interpreter was not immediately available.

No date has been set yet for his arraignment.

Etienne allegedly choked a woman in front of her child.

A woman identified as his girlfriend was in court. She had sent a letter to the court asking that a "stay away" order be revised to require him to refrain from offensive conduct and not to drink alcohol around her or the children.

She told Judge Bob Balbick that Etienne is employed full-time and provides for their four children. In answer to a question by the judge, she said she isn't afraid of Etienne and that he never causes a problem during the weekdays when he's working. This implied problems only occur on weekends when he might drink.

Balbick also ordered an alcohol evaluation by Genesee Justice. Etienne's bail was made last night, but the judge released him on his own recognizance.

Rabid animals found in Genesee County

By Howard B. Owens

Four cases of rabies in animals have been confirmed in Genesee County, according to a press release just sent to local media by the County Health Department.

The four animals confirmed were a raccoon, bat, skunk and cat.

The health department encourages residents to stay away from wild animals and be suspicious of animals that are especially tame or aggressive.

And do not feed the raccoons.

Full press release after the jump:

The Genesee County Health Department advises all residents that Genesee County has had four (4) laboratory confirmed cases of rabies in animals in the past month. The animals vary in species including a raccoon, bat, skunk and cat.

The Genesee County Health Department reminds residents to avoid contact with any wild animal or stray animal, especially cats.  Be suspicious of wild animals that are unusually tame or aggressive, especially those which attack your pets.  Do not attract raccoons to your yard by feeding them.

If you see a wild animal, especially a raccoon, bat, skunk or fox, stay away; keep children and pets away or indoors, and let the animal go away on its own.

If you are bitten, scratched or have contact with an animal you believe to be rabid, immediately wash the wound.  Capture the animal, if possible, so it can be tested, taking care to prevent additional bites or damage to the animal’s head.  Contact the Genesee County Health Department at (585) 344-2580, ext. 5569 and seek medical treatment.

For more information on rabies, vaccination clinics, or to report an incident, contact the Genesee County Health Department at (585) 344-2580, ext. 5569.
 

Accused arsonist enters not guilty plea

By Howard B. Owens

Standing before Judge Bob Balbick  in handcuffs and leg chains, Andre L. Scott said he was not guilty of the charges of arson, attempted murder and burglary.

Scott, standing 6' 8" in his green state prison clothes, offered no other statement. He is accused of starting a fire Jan. 24 with the intention of killing at least one of the residents of the dwelling.

Bail in this case was set at $100,000, but he's already in state prison on a criminal weapon possession charge.

A felony hearing was set for Sept. 8 at 10 a.m. in City Court.

UPDATE 3:50 p.m.: Det. Chuck Dudek just sent out an updated press release with more details of the alleged crime.

Scott allegedly threatened the life of his recently ex-girlfriend's father prior to allegedly setting the fire. Scott allegedly started the fire by pouring gasoline on two flights of an interior stairwell and then igniting it. This stairwell is reportedly the only exit from the second- and third-floor apartments of the building. The first- and second-floor apartments were occupied at the time of the 10:20 p.m. fire. Occupants were able to escape the building through windows and were not injured. The father of Scott's ex-girlfriend lived on the second floor.

"A quick response by the City of Batavia Fire Department minimized damage and preserved evidence," Dudek wrote.

The City Centre Mall Association is suing the City

By Howard B. Owens

The City Centre Mall Association thinks the city is responsible for replacing the mall's roof, repairing skylights and the silo entrances.

And since the city has resisted spending money on the mall, the association is asking the courts to come to its rescue.

In a lawsuit filed last month, the association also asks that the city be required to repair an uneven concourse floor, drop ceilings and HVAC, plus award $95,000 to the merchants and add "as close as 1,1,40 parking spaces as possible" to make up for spaces lost from construction of City Hall, a restaurant and two banks.

WBTA reports:

Dr. Mitchel Chess, president of the Mall Association, said he was hesitant to comment because the associations’ lawyers received the city’s initial response to the suit this morning.

City Manager Jason Molino confirmed the city had been served with the suit. He said the city’s attorney will handle the matter in house. He said the action by the mall association "had been expected."

This is at least the third lawsuit that the mall association has filed against the city since the Genesee Country Mall opened 30 years ago.

Police Beat: Man who allegedly threw chair that hit child jailed on $3,000 bail

By Howard B. Owens

James S. Nottingham, Sr., 29, of 511 E. Main St., Batavia, is charged with assault in the second degree, two counts of endangering the welfare of a child, harassment, aggravated DWI, aggravated unlicensed vehicle operation and unlawful possession of marijuana. James allegedly got involved in an argument with a woman and during the incident, he allegedly threw a chair that struck a 4-year-old in the face causing an injury. James also allegedly grabbed another child by the hair. James then reportedly left the scene of the incident in a car. He was subsequently stopped and arrested for alleged DWI and marijuana possession. He was jailed on $3,000 bail.

Peter C. Ayala, 44, of 44 Walnut St., Batavia, is charged with obstructing governmental administration, harassment and resisting arrest. Ayala was arrested after police responded to a reported argument between a man and a woman. He was jailed on $2,000 bail.

Mark F. Limoli, 22, of Honeoye Falls, is charged with DWI, driving with a BAC of .08 and failure to stop for a stop sign. Limoli was stopped by State Police on Sunday night at 4282 Clover St. in Darien.

Purple boxes in Genesee County trees coming down today

By Howard B. Owens

USDA officials are out in the county today removing the purple Emerald Ash Borer traps set up this spring, according to a report that just came over the scanner.

The traps, as we reported in June, were designed to track whether the Emerald Ash Borer has yet appeared in Genesee County. 

Today's Deals: New today, Dawn Williams and returning, Vintage and Vogue

By Howard B. Owens

New Today: Total Image - Dawn Williams, 226 Ellicott St., Batavia, N.Y.:  Dawn offers  clipper cuts for men, women and children, as well as coloring, highlights, perms and waxing. Dawn spent a number of years at Benny's before transferring to Total Image. We have a $22 gift certificate for $11.

Not new, but returning: Vintage and Vogue Inspirations, 36 Main St., Le Roy, N.Y.: Just the kind of store to help make your home more warm and inviting. Handcrafted items, including quilts, candles and quality antiques. We have a $25 gift certificate for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: 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 $9.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, N.Y.: 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.

Matty's Pizzeria, 4152 W. Main St., Batavia, N.Y.: 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, N.Y.: 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

 

Settlement between city and union caps an emotional two years

By Howard B. Owens

Terming it an "exit interview," Lori Ann Santini, an eleven-year veteran of the Batavia Fire Department's EMS service, told City Council members Monday night that the council had "no idea the distress the employees of the medic division went through" in the months following the decision to discontinue the service.

Santani told the council that EMS personnel felt they were not treated with the dignity and respect they deserved.

"We were never given the dignity of a human being notifying us of our impending job loss," Santini said. "We only found out through the Web. Then we spent months listening to angry words from you again through the Internet and radio. Not one of you took time out of your lives to address us. We definitely deserved that courtesy."

It was an emotional statement from Santini, punctuated by her stern attempt to hold back tears.

"As I stand here today, in front of you, there is no statement, no thank you that would be enough to compensate for how you dismissed us," Santini said. "If you want the City of Batavia to grow you, need to remember these few thoughts. You have to make it a place that people want to live and work. You have to show you that your employees are equally valued and respected."

The council's unanimous decision to accept a settlement negotiated by City Manager Jason Molino ends the fire union's unfair labor practices claims. It also and gives 36 union firefighters raises and bonuses while ensuring Santini and her EMS colleagues will no longer be part of the Batavia Fire Department. City Council President Charlie Mallow said there was no other way of handling the personnel situation.

"You’ve got to understand the laws of this state and how they revolve around union employees," Mallow said. "It’s laid down very precisely how we can do these things. It’s bit cold. That’s how the system works."

Molino echoed Mallow's remarks, saying the city followed civil-service law in how it handled relations with the EMS employees and had no other course of action.

During the press conference, Mallow praised his council colleagues and Molino for making tough decisions and sticking together.

"Change is a pretty difficult thing especially being a municipality, especially with unionized employees," Mallow said. "This city had to make a very, very tough decisions. The people on the council who made (those decisions) took one for the city, for the long-term health of the city. There is no point at which this was an enjoyable experience for the last two years.

"This was always hanging over our heads, especially during tough times when you’re letting people go. I mean, Ms. Santini, it’s pretty heart wrenching. Someone lost her job. I’m very happy that the circumstances were that they were able to retain their jobs with another company, but there is no way this wasn’t a very traumatic experience for everyone on council as well."

Many city managers, Mallow said, would have looked for an easier path, but Molino saw what needed to be done and made the right recommendation.

"Maybe it would have been easy for him to recommend another 20-percent or 30-percent tax increase," Mallow said. "To keep going with the status quo over and and over again and just wait for those post-retirement hits that keep coming, but he didn’t take the easy way."

As for the future, Mallow, who's council term ends in three months, said somebody on the City Council needs to step up, be a leader and deal with the expense, for a small city, of an all-professional fire department.

"I know there is support on the council for that (going to at least partial volunteer), Mallow said. "That's where the next council has to go. We have to be proactive. We have to lower costs, we have to right size this small little city. If the new council is not willing to step up, there will be another tax increase. But that’s me speaking. I‘ve seen the numbers. I’ve seen where we’re heading."

Both Mallow and Molino hesitated to call the settlement with the union a "win-win situation."  Both sides protected their interests and both sides gave up something.

"I think what happened here is you got both parties understanding that there is an increasing amount of risk in either direction and in order to resolve the issue, this is the conclusion that was come to," Molino said.

With Mallow adding, "You have a situation where the union leadership gave up 20 of their people. They also gave up a good percentage of their overtime. When you figure in adding back the four people, maybe half of their overtime. You have the city who gave, but the rank-and-file also gave. They gave dearly. So it’s hard to say that one side came out on top in this."

Press Conference Audio:

Overheard on the scanner: Mercy EMS in service

By Howard B. Owens

Dispatcher at midnight: "Good luck Batavia EMS. Welcome Mercy EMS."

Mercy EMS: "Genesee, Mercy EMS in service, and thank you for the welcome to the county."

County likely to increase pay rate for indigent burials

By Howard B. Owens

The cost of burials are going up, as much as 40 percent in recent years, according to Eileen Kirkpatrick, Genesee County's social services commissioner.

Today, the Ways and Means Committee approved her request to implement a new payment schedule to cover funeral costs for indigent people.

In 2010, the basic allowance will increase from $1,556 to $1,634, and up about 5 percent in each of the next two years.

Kirkpatrick said the pay out is still less than some surrounding counties, and she certainly didn't want to see her department going the way of Niagara County, which even reimburses families who choose to buy special urns and oversized caskets.

"I don't want to get into the funeral business," Kirkpatrick said. "We expect funeral homes to bury people with dignity and compassion and we will pay for a basic rate."

Kirkpatrick said in a typical year, the county will pay for 35 to 40 burials.

County's social services commissioner hopeful parents will spend back-to-school funds wisely

By Howard B. Owens

The $200 back-to-school stipend for poorer families, which Gov. David Paterson announced last month, has probably been handled worse than any government program Eileen Kirkpatrick has seen.

She's the social services commissioner for Genesee County and I spoke with her after her presentation to the County's Ways and Means Committee this afternoon.

The state doesn't understand, Kirkpatrick said, the budgetary controls on counties and the need for more notice before such programs are implemented. Genesee County is fortunate compared to some other counties, in that its committee system works well, making it easier to get rapid approval of budget changes.

The state pushed out the funds to recipients without waiting for counties to get budgets properly amended, Kirkpatrick indicated.

"They didn't consult with the local commissioners," Kirkpatrick said. "They only consulted us after the fact."

Still, she's optimistic that most of the school-supply money handed out to local welfare and food-stamp recipients will be used as intended. She characterized most clients of the Department of Social Services as "working poor" who rely on government programs to help ends meet.

"Most of the people on food stamps are working and not just sitting around feeling lucky to collect benefits," Kirkpatrick said. "I'm very, very hopeful that any parents who get this money won't see it as some sort of windfall but will spend it wisely.

"Are there people who will see it as a windfall? Yes," Kirkpatrick added, "but I trust the good in people and believe most will spend it wisely."

The W&M Committee approved a resolution authorizing the budgetary change for the county, which will reflect $345,800 being received from the state for the school-supplies program, and $345,800 being spent.

Ted Kennedy: Friend to rural poor

By Howard B. Owens

The Rural Blog, which I read regulary and find pretty darn apolitical, and certainly no knee-jerk liberal/Democrat site, takes note of Ted Kennedy's career and declares him a friend of the rural poor.

As a site in a rural county, with all the discussion of Kennedy recently, I thought it worth sharing this unique perspective on Kennedy.

The new Mercy EMS fleet

By Howard B. Owens

Mercy Flight held an open house this evening at its headquarters at the county airport.  Above is a picture of its new ground ambulance fleet. Mercy EMS takes over as primary provider for ground ambulance service in Genesee County at midnight.

Authentically Local