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A rainbow in Pavilion this morning. Photo by Samantha Stryker.

Local Independent Online News Publishers (LION), a trade organization I helped found eight years ago, is holding its annual conference in Nashville this year (first time it's not in Chicago).  

I'm leaving town today to attend that conference and hit a few honky-tonks. I will be giving a presentation on photojournalism for local news publishers.

We've got things covered while I'm gone but as we usually do, we like to let readers know things will be a bit different in how we do coverage.

On Thursday, at 4 p.m., the new Musical Garden at GO ART! officially opens. The Batavian, along with some Girl Scouts, got a preview on Saturday.

A driver told deputies his left arm went numb while driving on Lewiston Road at 11:56 a.m., Sunday, causing him to lose control of his pickup truck, leading to a collision with a Honda sedan.

Both Clayton Thomas Skye, of Westfane, the driver of a red 2003 Chevrolet pickup, and Donna M. Woodworth, 58, of Batavia Oakfield Townline Road, Batavia, were injured in the crash.

No citations were issued.

Skye's passenger, Lavern Aderman Jr., suffered minor injuries.

Skye was driving his pickup south on Lewiston Road between the Thruway overpass and Veterans Memorial Drive when it crossed the centerline into the northbound lane where it struck the driver-side fender of Woodworth's sedan.

The accident report says that Woodworth said she saw Skye's truck entering her lane of travel and tried to avoid a collision by entering the fog lane but she was unable to avoid the collision.

The accident report was prepared by Deputy Jordan Alejandro.

(Initial Report)

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.65, up a penny since last week. One year ago, the price was $2.85. The New York State average is $2.69 – down a penny from last week. A year ago, the NYS average was $2.99.

AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.67 (down 1 cent since last week)
• Buffalo -- $2.66 (down 1 cent since last week)
• Ithaca -- $2.66 (no change since last week)
• Rochester -- $2.67 (down 2 cents since last week)
• Rome -- $2.69 (down 1 cent since last week)
• Syracuse -- $2.58 (down 3 cents since last week)
• Watertown -- $2.66 (no change since last week)

New data from the Energy Information Administration (EIA) shows that total domestic gasoline stocks are down compared to this time last year. Demand slipped a bit, but remains higher than last year’s rate at this time.

Until supplies increase or demand decreases, motorists may see moderate increases in pump prices, which is reflected in today’s national average.

At this time, local prices have not been impacted. At the same time, oil prices decreased by 15 cents at the close of Friday’s formal trading session. Crude inventories are up as domestic production is on the rise.

The driver of a vehicle involved in a one-vehicle rollover accident in the area of 1029 Seward Road, Alexander, has left the scene.

Alexander fire dispatched to secure the vehicle (ensure there are no safety issues).

Law enforcement is searching for the area of the driver.

Today, Medal of Honor recipient David Bellavia issued a statement confirming that he will not seek the NY-27 congressional seat, endings months of speculation in political circles about his plans.

“I am formally announcing I will not run for Congress in the 27th District of New York in the upcoming Special Election. My service to our great community and country is unwavering, but I have a new responsibility to the U.S. Army. The Medal of Honor recognition is providing me with an incredible opportunity to serve at a level not thought possible just a few months ago. I am traveling the country, as an ambassador for Western New York, educating and influencing future soldiers and fellow citizens, as well as training and advising military leadership.
 
"Acting upon my long-standing and sincere desire to run for Congress at this time would require me to set aside pre-existing commitments I have made to my Army, my family, and those with whom I do business. I have carefully considered the needs and advice of party leadership and those closest to me and I am extremely thankful and forever humbled by the overwhelming support from Western New York.
 
"Go Bills! Go Sabres!” 

Bellavia ran for the seat in the 2012 primary and lost to Chris Collins, who resigned office three weeks ago in conjunction with his guilty plea on federal insider trading charges.

Currently, Bellavia is traveling and is unavailable for further comment.

It's expected that Gov. Andrew Cuomo will call a special election at which point GOP candidates will likely be interviewed by the seven GOP county committee chairs in the district and the chairs will select a candidate for the special election ballot.

That wouldn't preclude any candidate from any party running on a third-party line, as Jack Davis did in 2011 after Chris Lee resigned. Bellavia endorsed Davis in that race and Kathy Hochul beat the handpicked GOP candidate, Jane Corwin.

Assuming there is a special election, likely April 28, in conjunction with the Democratic presidential primary in New York, there would still be a primary election in June and a general election in November 2020.

After Bellavia won the Medal of Honor, political consultant and Trump ally Michael Caputo started a Draft David Bellavia committee in an effort to show Bellavia that he had the support of voters in the district to run and win the seat. Most political observers considered him a shoo-in to win if he ran.

Caputo issued the following statement:

The 27th Congressional District has the luxury of a wealth of qualified Republican candidates. Our draft team thought David was the best one, but only if it matched his aspirations. We respect his decision and wish him the best the world has to offer. We also look forward to seeing what this new chapter brings in his life of service to our nation.

There are potential candidates for the seat who have been waiting on the sidelines for Bellavia to make his decision, including Assemblyman Steve Hawley and Erie County Comptroller Stefan Mychajliw.

Hawley issued the following statement:

I have the utmost respect for David and his service to our country. His decision to continue his service as an emissary for the U.S. Army is laudable and honorable. I will continue to weigh my options. I enjoy being an elected representative in Western New York fighting for the values that make our area very special. It’s HOME. 

Mychajliw's statement:

"NY27’s loss is the country’s gain - and I know David will continue to serve our country with honor and excellence in his next role. David deserved the respect and time to make his decision, on his terms, and as I’ve said, I would make a decision once he made his.

One thing I am certain of - with impeachment of President Trump on the line, we cannot let this seat fall into the hands of a pro-choice, Never Trumper who only claims to support the President now that there’s a political promotion on the line. Washington doesn’t need another weak, opportunistic politician - it needs fearless conservatives who will take the fight to the Democrats and stand with President Trump.

Within the next few days, I’ll make a final decision on running in NY-27 to ensure we have a voice that actually fights for conservatives, not one that simply poses as a conservative."

Among the candidates already running is State Sen. Rob Ortt. Here's his statement:

“U.S. Army SSG. David Bellavia is a national hero who will continue to serve our country in a manner that we should all be grateful for. I commend David on his decision to continue representing the Army and for his work founding the Deuce Deuce Relief Fund, and I look forward to working with him in the future to ensure that our veterans are made a priority when returning home from combat. The health and well-being of our veterans are one of the reasons I have chosen to run for Congress, and the need for battle-tested veteran leadership in Washington, D.C. is greater now than ever before.”   

Photo: File photo by Paula Zack of David Bellavia receiving the key to the city from Batavia City Council President Eugene Jankowski.

Press release:

Local guitarist/singer Dylan DeSmit will be releasing his new album, "Sittin' by the Fire," on Nov. 8th.

The new album is a follow-up to his 2017 EP, "Pizza for Breakfast."

Recorded over the past year and a half at Watchmen Studios in Lockport, "Sittin' by the Fire" features more of a Southern rock/country rock sound than DeSmit's previous work.

It consists of 12 tracks, including the singles "October" and "Castle." The album will be available on all online streaming platforms, including Spotify, Itunes, and Bandcamp. It will also be available on CD.

One of our previous recordings of The Batavian Sessions with Dylan DeSmit:

In the battle of unbeaten Class D teams, Notre Dame beat Alexander on Friday night 40-0. This means the Fighting Irish will go into the postseason as the #1 seed in Class D and Alexander will be ranked #2.

Notre Dame's QB Gab Macdonald was 7-10 passing for 213 yards and a TD. He rushed 11 times for 49 yards and a TD. Jeb Reese carried the ball 20 times for 118 yards and a TD. Tony Zambito had two receptions for 93 yards.

For Alexander, Dylan Busch and Josh DeVries had solid games but the Trojans couldn't sustain a drive. Busch was 11 for 21 passing for 121 yards. Devries had five receptions for 87 yards. Ty Woods led the Trojans with 11 tackles.

Also on Friday:

• Batavia beat Newark 38-15 to finish the regular season at 5-2.
• Le Roy beat Wayland-Cohocton 43-12 to finish the regular season 7-0. The Knights are the #1 seed in Class C. Kyler LaCarte rushed for 109 yards and scored a TD while passing for 188 yards and two touchdowns.

Before Friday's game in Alexander, players Nathan Luker and Evan Whitmore did a fine job singing the National Anthem. Video below.

A caller reports that a woman came to her house with a facial injury and said her car had struck something and asked her not to call for help before wandering off.

It's unknown what she struck or the exact location of the possible accident.

Alexander fire is being dispatched to the area of 3393 Dodgeson Road, Alexander.

The Pavilion boys volley team picked up two victories yesterday, first over Keshequa and then over Eastridge.

In game one, Pavilion won in three sets, 25-10, 25-12, and 25-16.

• Josh Van Alstine with four kills and three digs
• Alex Stalica with three digs and two aces
• Cameron Milligan with 20 kills, eight digs, and 11 aces
• Cole Tillotson with 20 assists and four kills

In game two, Pavilion/York beat Eastridge 3 sets to 1, 26-24, 25-14, 27-29, 25-15.

• Cameron Milligan with 39 kills and nine blocks
• Cole Tillotson with 38 assists, four kills and four blocks
• Dan Nichols with 13 digs and two aces
• Charlie Urbanczyk with seven digs

Pictures and info by Ryan Paddock.

Top photo: #11 Cameron Milligan with a kill between Eastridge blockers​.

#8 Cole Tillotson makes a leaping save in the second set against Eastridge.

#6 Ty Heineman with a kill.

#17 Dan Nichols serves to Keshequa in the second set.

Press release:

This week Beth Parlato, Republican candidate for Congress in New York’s 27^th Congressional District, signed U.S. Term Limits’ pledge to support legislation limiting the number of terms a member can serve in Congress.

The former judge and first-time candidate made the news public in a Facebook video in which she proudly declared her support for term limits, differentiating herself from Washington career politicians.

“I’m all for term limits. We need to keep Congress moving and finally get something done,” said Parlato on signing the pledge. “We have members preaching socialism on the left and need more people fighting back from a place of sanity. We can’t elect somebody afraid to rock the status quo. That’s why I’m running.”

“Beth’s support of term limits shows that there are individuals who are willing to put self-interest aside to follow the will of the people. America needs a Congress that will be served by citizen legislators, not career politicians,” said U.S. Term Limits President Philip Blumel.

Parlato, the only political newcomer in the race, made waves with her impressive first fundraising quarter when she raised more than $270,000 with no fundraising consultants or outside help. Now she is using the momentum of her campaign as a platform to advocate for the serious reforms needed to rid Congress of corruption.

County legislators decided Wednesday to take a little more time on deciding whether to add information to property tax bills about how much of the county's property tax levy goes to funding state-mandated services.

The proposal brought to the Ways and Means Committee included line items for:

• Social Services (including Medicaid)
• Jail
• Probation
• Early Intervention
• PHC Preschool
• Mental Health
• Public Defender
• Assigned Counsel
• Community College Tuition (excluding GCC sponsor share)
• District Attorney Salary

Members of the committee were not entirely comfortable with the entire list, or even whether the information disclosure should be included on the tax bill at all, which only goes to property owners whose taxes are not paid by mortgage holders.

Those services eat up $23 million, or 76 percent of the county's tax levy. 

New York State mandated services -- services that the state requires the county to provide, or services the county would provide anyway but the state mandates that they be delivered in a specific way and at a specific cost -- are a long-standing complaint of local legislators.

The proposal, some legislators think, would help inform local taxpayers that the county's elected officials have little say in how their money is spent.

Legislator Andrew Young seemed the most uncomfortable with including the information at all on the tax bills.

"It just seems like whining to me," Young said. "It’s just like when I ask Steve Hawley (about Albany), ‘well, we’re stuck. It’s somebody else’s fault.’ What do we really get out of it? I’m not sure we’re really sharing any information that anybody understands, so we’re really just feeling better … I don’t know, it just feels like whining to me.”

Committee Chair Marianne Clattenburg thought it important that taxpayers understand how Albany constrains county government but wasn't sure the list entirely accomplished that goal since some of the items are functions of government the county would provide without state mandates, but perhaps not in the way or at the price tag the state dictates.

Young noted that the county also receives a lot of grant money for things like roads and bridges from the state; perhaps that evens out the mandated expenses.

"It’s really about control, right?" Young said. "Let’s just assume it’s even. It just means they get to control us."

Clattenburg responded, "It’s about what a local government decides to do and how to do it. That is really what most of the budget is. It’s about how New York City does things and we’re not New York City, so it’s really frustrating.”

She said she did think it's important for citizens to understand how the local government spends property tax revenue.

"Maybe if we kept (the list) to just mandates we really struggle with, Medicaid, early childhood, all these mandates associated with law enforcement, the district attorney, assigned council, and all of that -- the things that we are required to do, that if we could do them ourselves we might design a different way," Clattenburg said.

Legislators Shelly Stein and Gregg Torrey both spoke in favor of including information about mandates expenses on the tax bill.

Stein said she knows people who look at their tax bills and will be interested in information on the back about how the money is spent.

In order for the county to start including such information, local law will need to be amended. To do that, the Legislature would need to pass a resolution in November and hold a public hearing in December and vote for the change before January in order for the July tax bills to carry the information.

That isn't likely to happen since Ways and Means tabled the resolution Wednesday.

"I think we have to decide what’s going to be on the list and I think everybody needs input into that and I would like to hear every legislator, not just the committee," Clattenburg said.

A car has reportedly hit a tree while exiting the Thruway from the eastbound lane in Batavia.

Unknown injuries.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 12:01 p.m.: A Batavia chief on scene says all Batavia equipment can standby in quarters.

Tim Martin, born and raised in Batavia and a 2014 graduate of Batavia High School, is now in the Marine Corps and a tool he invented to assist in maintenance on the brakes of MV-22 Ospreys is getting the attention of even some of the highest-ranking generals in the Corps, thanks to its ability to reduce maintenance time and save money.

Martin's tool is now patent-pending and being deployed throughout the Corps for use on Ospreys, a type of multi-use aircraft that can take off and land both vertically (like a helicopter) and then fly like a fixed-wing plane.

After graduation from BHS, where he took several advanced-placement classes, Martin started college in an engineering program but decided he didn't like college life much so he joined the Marine Corps. He's now an aviation mechanic. 

In his email to us, Martin said, "I have loved my time in the Corps since the day I joined, and wish for everyone to seek out what they are truly called to do. I never thought in my life that I would drop out of college as an engineering student and go on to be patent-pending on a tool I invented a few years later. The opportunities in life are endless. Once you find your calling everything else falls into place."

A slightly revised lease for property owned by the City of Batavia in the mall for Batavia Players got a renewed objection by Councilman Bob Bialkowski and as was the case in February of 2018, Bialkowski was the lone dissenting vote to approve the lease.

Bialkowski objected to the lease at Tuesday night's council meeting, he said, because it didn't address issues he said were typically in commercial leases -- such as provision for a dumpster, snow removal, parking, after-hour usage, and utilities.

He said the lack of clarity on these issues could lead to a lawsuit against the city and that since it is the first of what may be more leases of city property in the mall, the right precedent needs to be set.

"In my opinion, a good lease makes for good business," Bialkowski said.

He made a motion to rewrite the lease but it failed for lack of a second.

City Attorney George Van Ness said the only change in the lease was an extension of the term in order to meet state requirements for Downtown Revitalization Funds.

The proposal by Batavia Players to move the Harvester 56 Theater on Harvester Avenue to 35 City Centre -- the former Dent Neurological Clinic office, between Genesee Dental and The Insurance Center -- at a total cost of $901,750, was approved by the governor's office as part of the $10 million DRI award to the City of Batavia last year. The state grant will cover $701,750 of the construction costs.

Van Ness said if the city renegotiated the lease to the degree Bialkowski proposed, the past year's worth of work with the state to get final approval for the project would be lost and the process would start from the beginning.

"This is a standard commercial lease," Van Ness said. "It's been used in the past for other properties. It's been approved by Dent counsel. It's been reviewed and approved by counsel for Batavia Players as well as the Department of State.

"So respectfully, it's a standard lease in terms and received prior approval by the council on February 12th, 2018. Many of these same questions were asked and answered at that point in time. They were addressed and council voted at that point seven to one in favor of the lease."

Councilman Paul Viele, a contractor and commercial property owner, told his fellow council members that the lease is a standard "triple net."

A triple net lease means the tenant assumes responsibility for not just the rent, but also all other property expenses such as property tax, insurance, maintenance and utilities.

"I don't think anyone understands that they (Batavia Players) are responsible for most of everything that Bob raises as an issue," Viele said.

The council approved the lease on a 7-1 vote, with Councilwoman Rose Mary Christian absent.

There's been enough talk about the deer problem in Batavia, Councilman John Canale said during Tuesday's Batavia City Council meeting after a local resident said he's been chased by a buck in his own yard during public comments.

"Forming another committee isn't going to do anything," Canale said. "We've done this before. We form a committee and the committee studies the issue and makes a recommendation and then there's no action."

It's time for action, he said.

Councilman Paul Viele's suggestion: A controlled kill. It's time, he said, to start thinning the herds that encroach on the city.

Russell Nephew, a Bank Street resident, said there's a large herd that hangs out at that end of town, in the farm fields between Genesee Community College and the city line and enter on residential property, destroying landscaping and leaving their droppings in local yards, and perhaps carrying tics that are a danger to dogs and humans.

"Those things are disheartening and I’ve put up with them but now I’ve got chased through my backyard by a deer," Nephew said. "It reared up and I got away from it luckily. A couple of days later, my 70-year-old neighbor got ran into her apartment from a parking lot. At any one time, there can be from six to 10 deer that run through there."

A resident from Avon spoke up during the council discussion and said that in Avon they've instituted a bait-and-shoot program that has rules, is regulated, and is helping reduce the herd size.

Council President Eugene Jankowski pointed out that any deer killed would have the meat from the animal donated to a food pantry in the region to help feed low-income residents.

He also blamed the growing herd sizes on fewer hunters in New York. He said more people are giving up hunting as a protest against New York's increasingly restrictive gun laws.

While council members seemed to favor some culling effort, no specific plan was approved at Tuesday's meeting.

Here is the Genesee Symphony Orchestra during Monday's rehearsal performing Aaron Copland's "John Henry."

The Genesee Symphony Orchestra opens its 2019-20 season this Sunday at 4 p.m. with a concert in the auditorium of Pembroke High School.

The concert, "Symphonic Pictures I: Portraits" features "Prelude to the Afternoon of a Faun" by Debussy, "John Henry," by Aaron Copland, "The Swan of Tuonela," by Sibelius, and "Pictures at an Exhibition," by Mussorgsky.

This is the fourth season S. Shade Zajac leads the orchestra.

For casual fans of orchestra music or those who have never been to see an orchestra perform, this is an excellent show. The pieces are largely modernist and fun. The Mussorgsky piece is particularly exciting (watch the video) and Aaron Copland is perhaps America's greatest composer.  

If you watch the video, you will likely want to attend this show.

Tickets are $15 for adults, $10 for seniors, and students (with ID) get in for free. Tickets are available at Roxy's Music Store, GO ART!, The YNGodess Shop, Bank of Castile in Le Roy and at geneseesymphony.com.

Pembroke High School is located at 8750 Alleghany Road (routes 5 and 77), Pembroke.

Previously: Video: GSO prepares for opening concert of the season, rehearsing 'Pictures at an Exhibition,' by Mussorgsky

With a senior planner leaving the Genesee County Planning Department for a private-sector job, Planning Director Felipe Oltramari said he sees it as an opportunity to reorganize his department in a way he thinks will be more efficient and help the county save some money.

Oltramari told members of the Public Service Committee on Tuesday that he would like to promote analyst Erin Pence to deputy planning director and create a position of GIS (Geographic Information Systems) clerk, thus eliminating the position of senior planner.

The reorganization, if approved by the Legislature during the budget process, would reduce costs in the department for 2020 by $4,000 and Oltramari said his five-year projection shows continued savings for at least that period of time.

In recent years, Oltramari's staff has consisted of a senior planner (a union-represented position) and an analyst (a non-union management position) and one assistant. The cost savings would be a result of reclassifying the senior planner position into an assistant position.

Oltramari said one of the things he learned after Derik Kane as senior planner for a position with LaBella and Associates is that one reason senior planners tend to stay in such county jobs -- and it's not just Genesee County -- is because the pay scale for the position tends to top out at about the six-year mark at which point, there are better private-sector opportunities.

And since Genesee County's pay scale for that position is about 25 percent less than the market rate, it makes it even harder to hire and retain qualified personnel. Oltramari said he understood why the pay for that position was set at the rate it is at; since it's a union position, raising pay to market rate would necessitate wage increases for personnel in other departments at the same current rate.

The reorganization will also help the planning department provide better service with GIS. Data entry and data management for GIS is time-intensive.

The county GIS map provides a lot of information to the community about tax parcels, jurisdictions, roads, streams and waterways, pipelines, fire hydrants, and a dozen or more other data points of interest.

The GIS system is also used by emergency dispatch, fire departments and local law enforcement for responding to incidents. The GIS system ties into CAD (Computer Assisted Dispatch system in every patrol car. The information can get pretty granular and is ever-changing.)  

Keeping up with the information to ensure the database stays current is time-consuming, Oltramari said. 

Analyst Pence currently handles the data maintenance and has little time to pursue opportunities to expand the system's functionality.

In her new role, she would supervise the data management position and work on expanding GIS services for the public and county agencies. For example, Oltramari said, it would be useful to have GIS provide road-closure information.

As deputy planner, Pence would also take on the duties of a senior planner.