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Deborah Kerr Rosenbeck is a candidate for City Council in the 3rd Ward. Her opponents are Nicholas Russo and John Canale.

What do you like about the City of Batavia?
Batavia has coined the phrase "the hub of WNY" and to me it truly is. Uniquely situated between two larger urban areas, Batavia affords residents the benefits of a small town with cohesive and friendly neighborhoods. There is much to do right here that meets a variety of tastes and interests with minor league baseball, harness racing, symphony, theatre, concerts in the park and in the square, car racing and a variety of unique dining opportunities. And if that’s not enough, I can easily make my way to Rochester or Buffalo, knowing that my beloved Batavia is home. My whole family lives in the area and until just recently all three of my adult children lived on the block. Batavia is my home.

What is the number one problem facing the City of Batavia and what is your plan to address it?
I’ve walked neighborhoods throughout the city and most recently every street in my ward. It has made me acutely aware of our aging population, aging housing and aging infrastructure (sewers, water, streets and sidewalks). The ratio of owner-occupied to rental properties is of concern. Making the city of Batavia affordable and desirable for individuals to stay and providing incentives for people to buy and improve housing will be a priority.

Describe your vision for Downtown Batavia in 10 years?
I envision a downtown that is conducive to the fair and ethical operation of business without the current practice of government choosing winners and losers. I’d like it to be the center and location of community gatherings and events including theatre and music. Downtown storefronts will be occupied with thriving small businesses and a variety of dining choices. This will begin with the revitalization and transformation of the Batavia City Center as a mixed-use retail, services, and entertainment complex.

Do you support building a new police station?
You don’t need to be an expert on what is required to operate an effective local law enforcement operation to realize that a historic Victorian home is not the ideal location for our police department. That being said, I do worry about saddling our citizens with debt for a police station and a new county jail on our about the same time frame. Decision-makers need to proceed with careful consideration. Genesee County and the City of Batavia work closely on planning and development for our community. These two major initiatives should be no different as our elected officials and administration plan for efficient and cost-effective law enforcement services to ensure public safety.

What book first published in English since the Enlightenment has influenced your outlook on life the most?
The Four Agreements: A Practical Guide to Personal Freedom by Don Miguel Ruiz (1997) instantly came to mind as I read this question. It most influenced my outlook on life as I was not holding true to the first three agreements at all. The fourth agreement, always do your best, has pretty much always been my strong suit as no matter what happens I continually strive to do my best, or at least to do the next right thing. The others are a bit more of a challenge for me.

The first agreement of always being impeccable with your word and this references your comments about others as well as yourself. It’s difficult to hold to this standard, especially when it relates to being kind and impeccable about ourselves. The second agreement advises not to take anything personally. Someone’s response to you is much more about what is going on with them and has little or nothing to do with you. Don’t make assumptions is the third agreement. How easy it is to assume what others are thinking and feeling. Instead of focusing your interactions on being kind, complimentary, aka impeccable while honestly communicating your thoughts and feelings is a script for success and well-being. Fortunately, this book is a quick and easy read, allowing for frequent revisits to the four agreements and abiding by their guidance and the peace it can provide in your daily life.

In conclusion, I would tag on a fifth agreement, and that would be to listen. If elected, I will abide by this and carefully listen to my fellow councilmen, city administration department heads and staff, but most importantly to the public, my constituents, my neighbors.

John Canale is a candidate for City Council in Ward 3. His opponents are Nicholas Russo and Deborah Kerr Rosenbeck.

What do you like about the City of Batavia?
The question should be what do I love about the City of Batavia. It's my home...born and raised here, worked my entire career here, and have raised my family here. What's not to love? It's a wonderful, warm community, with residents who care about each other and their neighborhoods. Although we are a city, we are still "Small Town America," with all the ideals that come with that. I can't imagine living anywhere else.

What is the number one problem facing the City of Batavia and what is your plan to address it?
The number one problem we face as a city at the moment is the rise we are experiencing in crime. The majority of the criminal activity has been identified as coming in from Monroe County. We as a government body have already taken action. We have approved the City police department to work with and share information with Monroe County law enforcement through one of Monroe County's crime initiatives. We have also approved the City manager forming a local crime taskforce committee to study and implement actions to deter future criminal activity in the city. In addition, we continue to invest in mobile street cameras to help our local law enforcement with additional needed information and evidence. Another very important initiative we are taking, is the building of our new police station, to give our law enforcement the tools they need to protect us and provide the utmost safe community. It's imperative that not only our residents feel safe in their own neighborhoods, but also that future prospective families, businesses, and corporations view our community as one they would like to be a part of.

Describe your vision for Downtown Batavia in 10 years?
My vision for downtown Batavia in 10 years is one of vibrancy. A central focal point for not only the city but also for the county. A useful mixture of retail, professional offices, a healthy living campus, food and entertainment venues, and downtown living spaces for residents that are looking to live, work and play there. A place where all residents can meet, and enjoy our community, in a safe environment.

Do you support building a new police station?
I support a new police station. As mentioned in one of the other questions, in order to protect our residents, and provide us with a safe community, our police department needs the necessary tools to do the job. For them to have done the tremendous job they have thus far, is nothing short of a miracle, with the facility they are currently working in. Although no one likes to spend that amount of money, we are well overdue for a proper law enforcement facility. I also have said from the very beginning of discussions of a new facility, that I will only support a new facility that includes a plan for what we do with the old facility.

What book first published in English since the Enlightenment has influenced your outlook on life the most?
"90 Minutes In Heaven"...by Don Piper. After reading this book, my faith and belief in eternal life was re-enforced and more importantly, I became convinced that God has a distinct purpose for every one of us here on Earth. Only until our purpose has been fulfilled, will he take us home for eternal life with Him. Look for that purpose in everything you do, and do your best to fulfill it.

Nicholas Russo is a candidate for City Council in Ward 3. His opponents are John Canale and Deborah Kerr Rosenbeck.

What do you like about the City of Batavia?
I love so much about the city it's hard to narrow, the fact it's a bigger city but still has a strong community feel to it. The welcoming feeling the city and its residents share and how it supports businesses and each other.

What is the number one problem facing the City of Batavia and what is your plan to address it?
Continued growth and development and a clear plan from our leaders and making sure the voices of our residents are heard and taken into consideration. Main Street has so much potential that the current council hadn't capitalized on. In my opinion, the key to Main Street is providing incentives for members of our community to open and grow businesses downtown. Let's make Main Street a haven for people to pursue their dreams of owning their own business.

Describe your vision for Downtown Batavia in 10 years?
If we look 10 years in the future, my vision for the City of Batavia is for Main Street to be the model for all others cities as far as local growth and development while continuing to build upon our strengths in the community like entertainment venues, family activities and a wide variety of resources to help members of our community continue to thrive. Simply put, make Batavia a destination.

Do you support building a new police station?
I absolutely support a new police station. Making sure the incredible men and women who keep our city safe have the best resources they can .... shouldn't even be something that should be considered or even need to be discussed for that matter.

What book first published in English since the Enlightenment has influenced your outlook on life the most?
The book to the musical RENT I would say has had the greatest influence on me as a person. It shows you that no matter your background, circumstances or outlook. If you support each other and come together as a community there's no issue you can't face.

Fleet Maintenance Inc., of West Seneca, is nearly ready to open a new 16-bay, 45,000-square-foot semi-truck and RV service center adjacent to the Thruway, just off of State Street.

It will employ 30 people, so yesterday the Chamber of Commerce hosted a ribbon cutting for the new location for the growing company.

Company president Deborah Gawron said the service center will be the first such facility next to the Thruway anywhere in New York.

Unique to the facility is a classroom and service bay where students in BOCES can learn about diesel mechanics.

The company invested more than $4.35 million to build the facility, which will also carry $2 million in parts for sale to others who repair trucks and RVs.

Fleet Maintenance received $437,652 in sales tax, mortgage tax, and property tax exemptions from the Genesee County Economic Development Center to help attract the company to Batavia.

A local attorney representing a woman accused of hitting her child with an object is asking a Family Court judge to disqualify Durin Rogers, and the County Attorney's Office, from prosecuting the case in Family Court because of a perceived conflict of interest.

Thomas A. Burns, representing Niasia Jiggetts, filed the motion Oct. 22 alleging that because Rogers is a sitting, part-time Batavia City Court judge, and Jiggetts is also facing criminal charges in City Court, it opens up an apparent conflict of interest in Rogers access to City Court documents and his interactions with other members of the county's criminal justice system.

If the motion was successful at removing both Rogers, who is also a deputy county attorney, and the County Attorney's Office, the Department of Social Services would need to hire another attorney not affiliated with county government to represent the agency in this case in Family Court.

"As this court is certainly aware, and as DCA Rogers should be aware, a judge is obligated to avoid impropriety and the appearance of impropriety in all of the judge's activities and a judge is obligated to respect and comply with the law and is obligated to act at all times in a manner that promotes the confidence of the public in the integrity and impartiality of the judiciary," Burns wrote in his motion. "As this court is also aware, the judicial duties of a judge take precedence over all of the judge's other activities."

The Batavian contacted Rogers, a candidate for the full-time City Court Judge office, on Wednesday and offered him an opportunity to respond. Rogers said before replying he needed guidance from the Judicial Campaign Ethics Center.

In a request for an interview or statement, Rogers provided the following statement:

As a City Court Judge I cannot comment on pending city court matters, even when it is a case that I am not presiding over. The motion you forwarded to me is directed to me as an attorney. As an attorney with the County Attorney’s Office handling neglect and abuse matters in Family Court, I cannot and will not discuss the specific allegations of such matters due to laws regarding strict confidentiality. As to the motion, it is scheduled in the regular course of proceedings. Based on the Ethics Opinion that I sought and received from the Advisory Committee on Judicial Ethics when I first took the bench that ethically permits me to hold both positions, the motion has no merit and I am confident that it will be denied.

He also provided a link to the January 2015 opinion.

In response to the statement from Rogers, Burns said the 2015 opinion is not a ruling and was issued in response to questions posed by Rogers about serving in two capacities in general, not to actual overlapping roles of a specific case.

"The facts present in my client’s case were never considered in the opinion he cites," Burns said. "He is well aware that the opinion does not provide him with the authority to hold the position of both judge and prosecutor in the same case and to suggest otherwise is a complete misrepresentation of the opinion he cites and a total lack understanding of the ethical obligations he should have assumed when he sought the part-time judge position."

Burns added that Rogers' statement doesn't address the rights of his client nor the direct conflict raised by his duel capacities.

"I also find it troubling that he suggests that he cannot comment on a pending City Court case when he continues to argue the case in front of Judge Adams and Judge Balbick as a prosecutor," Burns said.

Jiggetts was arrested in September for an alleged incident on June 10. She is charged with assault in the second degree. Since the case involves her minor child, there is both a criminal case pending in City Court (because it's a felony, it could be referred to County Court later) and a case in Family Court. The Family Court case also alleges neglect of her child from March through April 2017.

She has pled not guilty.

Burns alleges Rogers has a conflict of interest because he shares chambers with Judge Robert Balbick, the presiding judge in Jiggetts' case, with desks only 10 feet apart and they confer frequently. Also, even though the case isn't assigned to Rogers, he could be asked to sit in for Balbick, if Balbick is unable to make court on any particular day. Rogers also has unfettered access to all City Court documents.

As a City Court judge, Rogers also interacts with many of the people involved in these cases for a variety of reasons, including deputies, social workers, child advocates, attorneys and prosecutors.

As an example, Burns stated, when Jiggetts appeared in City Court on Oct. 1, the assistant district attorney handling cases in City Court that day, had to call Rogers to confer with him about the status of an order of protection issued in Family Court and to "remarkably" seek the input of Rogers about a possible order of protection signed by Balbick. Rogers, Burns said, "consented" to a no offensive conduct order of protection.

"The assistant district attorney should not have to be put in a position of conferring with the associate Batavia City Court judge relative to the status of a proceeding in this court with respect to the matter pending before the senior Batavia City Court judge," Burns wrote.

Burns said in his motion, Rogers' position as both a county attorney and a part-time judge has put a number of people in local criminal justice in "extremely uncomfortable and ultimately unethical positions."

"The appearance of impropriety under these circumstances is clear and results from the unwillingness of DCA Rogers to acknowledge the fact that he cannot prosecute a neglect proceeding involving a pending criminal court charge in the Batavia City Court where he is appointed to act as a part-time judge," Burns wrote in his motion.

While Rogers has been both a deputy county attorney and a part-time city court judge for some time, and Burns said he's had concerns in the past, this is the first time, in his view, there has been a clear conflict of interest.

"There are many cases that overlap but I have never seen one that is so over the top obvious as this one," Burns said in response to an emailed question. "I simply cannot understand the unwillingness of the County Attorney's Office to acknowledge the conflict present here."

Asked for a statement, County Attorney Kevin Earl said, "I cannot comment upon the specifics of any allegations, but I know that during my tenure as the Genesee County Attorney as his immediate supervisor, Durin Rogers has always conducted himself exhibiting the highest professional and ethical standards."

Rogers is being challenged for the full-time City Court judge position by attorney Ben Bonarigo. Burns attended Bonarigo's campaign kick-off event last year.

Alicia Bischoff and her son Weston, of Oakfield, were quite ready for Halloween yesterday evening.

Photos submitted by Jessica Fredo. If you have Halloween photos to share, email them to howard@thebatavian.com. Please include the name of the person submitting the photo and the names of people in the photo and location of the photo.

City of Batavia firefighters gave Gretchen Weicher, a student at St. Paul Luthern School in Batavia, a ride to school in a fire truck as an award for winning the department's annual fire safety poster contest.

There are at least 16 power outages reported in Genesee County after strong winds swept through the region overnight and are expected to continue into the early afternoon.

The largest outage appears to be in Pavilion and Stafford, just northwest of Texaco Town, with 87 customers without power. A crew is assigned and power restoration is expected by 4:30 p.m.

An outage in Batavia and Elba, just west of Route 98 has 52 customers without power. A crew is assigned and power is expected to be restored by 4 p.m.

In East Oakfield, 31, one customers are without power and should have it back by 4 p.m.

In Alexander, east of the Village on Route 20, 31 customers are without power. Restoration is expected by 4 p.m.

In Alabama, just west of the Route 63/77 intersection, 23 customers are without power. No crew has been assigned but power should be restored by 4 p.m.

In Byron, near Route 237 and Route 262, 20 customers are without power. Power should be restored by 4 p.m.

There is one outage in the Village of Le Roy with 13 customers affected and restoration expected by 4 p.m.

In the City of Batavia, there are two outages, one on the Southside, one near Clinton Street, with fewer than five customers affected at each location and power should be restored by 4 p.m.

The National Weather Service is forecasting heavy rain, about a half-inch, between 4:30 and 7 p.m. for Genesee County.

Those are prime trick-or-treat hours but at least two venues in Batavia are moving their Halloween-related events indoors.

There is an event, a fall festival, starting at 5 p.m. at City Church's St. Anthony's facility on Liberty Street and what was originally a "trunk-or-treat" event at Grace Baptist on Vine Street at 5:30 p.m.

As for the rain, expect flooding in low-lying areas. Motorists are urged to slow down during the storm. Brief gusty winds are expected around 7 p.m. before strong winds arrive before the morning.

Press release from the NY-27 campaign of Sen. Rob Ortt:

“Today’s house resolution vote was nothing more than a partisan attack on a sitting president going into the 2020 election.

The only platform of Democrats is, and for the last three years has been, impeaching President Trump.

This vote only serves as a distraction from the fact that Democrats have not done anything for middle-class Americans.

These types of actions do nothing but further separate an already divided nation and create animosity amongst everyday Americans.

I am running for Congress to help put an end to this partisan witch hunt, and help our President do the job the American people elected him to do.”

A 64-year-old woman living in Batavia has been arrested on suspicion of selling controlled substances following an investigation by the Local Drug Task Force.

Linda P. Thomas, of West Main Street, is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 5th, and criminal sale of a controlled substance, 5th.

Thomas is accused of selling hydrocodone to an agent of the Local Drug Task Force and alprazolam to an agent on two other occasions.

Thomas was arraigned in County Court and released under supervision of Genesee Justice.

Strong winds are expected to start tonight at 8 p.m. and a high wind warning and hazardous weather outlook statement has been issued by the National Weather Service for Genesee County and most of Western New York.

Winds of 40 mph with gusts of 60 to 65 mph are forecast.

The warning is effect until 1 p.m. tomorrow.

Damaging winds could bring down trees and power lines. Widespread power outages are expected. Travel will be difficult, especially for high-profile vehicles.

The weather service urges people to avoid being outside and around trees and branches. The statement urges residents to remain in the lower levels of homes and to avoid windows.

O’Lacy’s Irish Pub & Eli Fish Brewing Company have worked together and created a custom-made beer, hoping to show the public and business community that its not always about competing, but when you work together, both businesses can benefit!

On Tuesday, Nov. 5th , 5-9 p.m., O’Lacy’s Irish Pub will be hosting a kick-off party for the new hazelnut porter that has been custom made for O’Lacy’s Irish Pub by Eli Fish Brewing Company.

The collaboration was inspired as Kent Ewell (owner, O’Lacy’s), Chris Hoffman (bartender at O’Lacy’s) and Matt Gray (wwner, Eli Fish) were discussing the large amount of draft beer that O’Lacy’s sells.

“We should make you your own custom brew,” Gray said. “You pick the type (lager, ale etc.) and flavor if you wish and we can make it."    

After reviewing what was currently on tap at O’Lacy’s, Ewell chose a hazelnut porter, which is named appropriately, “Old Sod Hazelnut Porter.”

After sampling the test batch, Ewell said, “I think this is very unique and something people will enjoy.” 

At Tuesday's kick-off party, pints will be on special for $3.50. Come on out and try the new “Old Sod Hazelnut Porte,r” which pairs perfectly with O’Lacy’s Reuben sandwich and famous homemade chips and dip.

The Pembroke Girls Volleyball Team won their first-round playoff game Wednesday, beating Letchworth 3 sets to 1.

The win sends the Lady Dragons to a quarterfinals match against Bloomfield at Bloomfield at 6 p.m., Saturday.

Pembroke took the first two sets against Letchworth 25-21 each, dropped the third set 25-17, and won the forth and match 25-19.

Dekari Moss had 14 kills and seven digs; Oliva Mets, 17 assists; and Allie Schwerthaffer and Trinity Humel each had seven digs.

A former parolee from Rochester accused of murdering a good Samaritan on Ross Street at the end of May refused to appear in court today for an evidentiary hearing and Judge Charles Zambito set a new hearing date and ordered deputies to bring him in by force next time if necessary.

Quinten Edmonds is being held at the Genesee County Jail while awaiting trial. He is accused of killing Michael R. Paladino, 43, after Paladino reportedly saw Edmonds hitting a woman, who had been a passenger in the Rochester man's car, outside of Paladino's apartment on Ross Street.

A grand jury has indicted Edmunds on second-degree murder, a Class A-1 felony. 

Batavia Police Chief Shawn Heubusch said after the incident that their investigation indicated that Edmonds was in a vehicle in the City when an argument began between Edmonds and at least one of the two women in the vehicle with him. The vehicle stopped on Ross Street and the argument continued outside the vehicle.

Emergency dispatchers received a call of the disturbance at 5/7 Ross St. at 12:44 a.m.

Paladino suffered multiple stab and cut wounds to his upper torso and head and collapsed in the entryway of his apartment. He was transported by Mercy EMS to UMMC. He was pronounced dead at 5:05 a.m. by Coroner Don Coleman.

The women in the vehicle fled the scene right away and a police officer saw a vehicle driving erratically and stopped it in the parking lot just east of St. Joseph School.

Edmonds is next expected in court at 3 p.m., Dec. 12.

Benjamin Santiago Jr.

A man accused of entering an apartment on Ellicott Street and attacking the resident with a hammer before stealing property and a credit card and then stealing a truck from another person appeared in Genesee County Court today and accepted a plea bargain he had previously turned down.

With the guilty plea in the assault and robbery case, Benjamin Santiago Jr., 30, is facing a prison term of eight to 20 years.

Sentencing is scheduled for Dec. 5 at 2 p.m.

At 9:15 p.m., June 2, Santiago entered the apartment of a person he knew on Ellicott Street and demanded money. When he didn't get it, he attacked the man with a hammer, then stole items and fled on a bicycle he had stolen earlier in the day from a location on Bank Street.

He then located a 2010 Ford F150 Lariat super cab truck belonging to a third victim and fled to Rochester, where he was located and arrested by police there.

Santiago had rejected a similar plea offer before the case was referred to the grand jury.

He came into court facing an eight-count indictment, including first-degree robbery and a first-degree assault, and with the previous plea offer no longer on the table; however, after a conference with Judge Charles Zambito, Santiago was allowed to enter the plea under the same conditions as the previous offer.

Santiago has been arrested previously in and around Batavia, including a case involving problems at a local hotel that led to a multi-agency manhunt 2011. The two brothers in the case were later accused of trying to hire somebody to kill Santiago. Eventually, that case led to a prison term for Santiago. He was most recently accused of stealing $800 in tools from Crocker's Ace Hardware in Le Roy.

The proposed county budget for 2020 includes a 7-cent property tax rate increase for county residents, up from $10.04 to $10.11, while the county grapples with new state spending mandates but manages to keep the tax levy under the state's 2-percent cap.

The proposed tax levy is $31,015,658, up $759,567.

Mandated expenses, from Medicaid to law enforcement functions, will consume 72 percent of the levy.

Total anticipated general fund expenditures are $114,048,256, or $13,030 less than 2019's.

New mandated expenses include additional services related to the Raise the Age legislation, which now requires most criminal cases involving 16- and 17-year-olds to be referred to a youth court, at $318,373. The state is expected to provide the county with full reimbursement for these expenses.

What is not reimbursed are expenses related to bail reform and new evidence discovery requirements, which require the District Attorney's Office to add additional staff, including a new full-time assistant district attorney, a part-time ADA, and a new paralegal.

The Public Defenders Office is also adding an attorney but this expense will be covered by state aid. 

The county will have 452 full-time-equivalent employees. 

While the state is pressuring municipalities to enter into more shared services agreements, the county has pretty much exhausted those opportunities, County Manager Jay Gsell suggested in his budget statement.

The county has been sharing services with County Highway and other county highway departments for 21 years. There are also shared service agreements for the Health Department with Orleans County and combined youth services between the county, city, and Orleans County. 

The Chamber of Commerce Tourism Bureau has an anticipated budget of $420,000, entirely funded by the bed tax. 

A motor pool agreement with Enterprise Fleet Management and energy savings initiatives as a result of consulting with Johnson Controls currently gives the county an anticipated $200,000 in savings.

A public hearing on the proposed budget will take place Nov. 6 in the Old Courthouse. The Legislature will vote on the proposed budget Nov. 25.

Harper Ferris, a third-grader at St. Joseph School, got to ride to school in a City of Batavia fire truck because she was one of the winners in the City Fire Department's annual Fire Prevention Poster Coloring Contest.

Over the next week, two more poster contest winners will get to ride to school in a fire truck.

Richmond Memorial Library hosted a trick-or-treat party Monday night with Batavia police officers offering parents safety tips and reading a story to the children, who then trick-or-treated through the library.

Top photo: Det. Matthew Wojtaszczyk and Officer Kevin DeFelice with little officer Aiden Scott, age 3.