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Rezoning of Liberty Street parcels, bike rack installations on City Council's plate

By Mike Pettinella

The Batavia City Council on Monday night voted to move several resolutions forward, including measures to rezone the St. Anthony’s Church area on Liberty Street from residential to commercial and to install bicycle racks and trash receptacles in several locations within the Downtown Business Improvement District.

A memo from Interim City Manager Matt Worth suggests that seven parcels on Liberty Street and Central Avenue surrounding the St. Anthony’s Church campus – which was purchased by City Church in 2016 – should be reclassified from R-3 to C-3 to allow for some “ancillary activities (dance school, art school, community education classes, etc.) that could be considered a business activity and a non-conforming use in an R-3 district.”

City Church, on July 19, filed a petition to rezone this campus of parcels that would annex the property into the adjacent C-3 district, thus bring the property into conformance with zoning regulations, Worth wrote.

Council’s action moves the resolution into the hands of the Genesee County Planning Board for a recommendation and then to the City Planning and Development Committee for review and to schedule a public hearing in accordance with zoning laws.

In late July, the BID sent a request to the City to install 10 bicycle racks and six trash cans at downtown locations.

A memo from Ray Tourt, superintendent of maintenance, listed the sites as follows:

Bicycle racks – Tim Hortons, Save-A-Lot, Court Street (near the former Coffee Culture); outside JCPenney/Batavia Showtime; near the Christmas Tree between the Bank of America and Tompkins Insurance; in front of Game On on Main Street; in front of Southside Deli on Ellicott Street; in front of Pok-A-Dot on Ellicott Street; in front of Bourbon & Burger Co. on Jackson Street; and in front of Glass Roots on Center Street.

The BID has four more bicycle racks that can be used as replacements when needed.

Trash receptacles – Two on East Main Street and four on Ellicott Street from Court Street to Goade Park.

Tourt said the bicycle racks are of a hoop design marked with a feet motif to go with the BID’s “Feet on the Street” promotion. The trash cans are similar to ones installed by the city in 2004.

Council also agreed to consider a pair of resolutions dealing with the Ellicott Station project coordinated by Savarino Companies of Buffalo.

One is the granting of a stormwater easement due to the fact that a major city storm sewer lies within the boundary of the project.

Worth wrote that this is a requirement of the site approval issued by the City Planning and Development Committee, and would serve as an “important legal document giving the City access for maintenance of this storm sewer in the future.”

The other focuses on the distribution of a National Grid Urban Center/Commercial District Revitalization Grant in the amount of $250,000 that has been awarded to the City to enhance the Ellicott Trail Project, which will run along the southern boundary of the Ellicott Station site.

Based on preliminary construction estimates, Savarino Companies has identified $183,477 worth of improvements (landscaping, lighting, seating, etc.) that would be reimbursed by the grant. An agreement with the City would allow Savarino to access up to the full amount of the funds provided by National Grid.

Council is expected to vote on the BID and Savarino resolutions at its Business Meeting on Sept. 10.

Langworthy vows GOP will replace Collins with candidate who supports Trump's agenda

By Howard B. Owens

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Republicans are confident they can ensure the name of Rep. Chris Collins is not on the November general election ballot, Erie County Chairman Nick Langworthy said Tuesday night after a closed-door meeting of the eight GOP chairs in the NY-27 at Batavia Downs.

He didn't say, however, how the might get the task done. He went no further than promising that Collins, in the midst of fighting federal allegations that he engaged in insider stock trading, will cooperate with whatever method the party tries to implement. 

"We have communicated back and forth through his team but I have not directly personally spoken to him," Langworthy said. "We are confident there are mechanisms in place where his name can be removed from the ballot and we can nominate a new candidate."

Collins didn't face a challenger in the June 26 primary for the NY-27 but he committed to the race at an even earlier date. Once petitions were gathered, he had until April 16 to decline the nomination and the party had until April 24 to fill the vacancy.

Three Methods to Remove Name from Ballot

That leaves three methods to remove his name from the November ballot: Disqualification by means of accepting another office, moving out of state, or death.

Collins reportedly has residential property in Florida he could declare his legal domicile and there are potentially town-level offices in Erie County with a vacancy he could fill.

Either move will almost certainly be challenged in court by the Democrats.

“The GOP chairs are in a very bad position," said Todd Aldinger, an Albany-based attorney who has researched the relevant law and served as chairman of the Erie County Charter Revision Commission and was Senator Patrick Gallivan’s legislative director.

"They will either have to rely on constitutionally dubious means to remove Collins from the ballot or will have to utilize provisions of the election law to circumvent the normal nomination procedure by nominating Collins for a manufactured vacancy, which a court may find to be void against public policy.”

In favor of the GOP effort to remove Collins is a 2008 case in the NY-26 race, which at the time included Genesee County. In the Matter of Kryzan v New York State Bd. of ElectionsJon Powers had won the Working Families Party line and Alice Kryzan was the Democratic nominee. Powers then moved out of state and after the ballot certification deadline Powers sought to have his name removed from the ballot and the WFP wanted to replace his name with Kryzan. A court ruled Power's name could be removed from the ballot and replaced by Kryzan.

That decision was later overturned because absentee voting had already started.A federal court ruled those voters who already received their ballots would be disenfranchised if Kryzan's name replaced Powers on the ballot.

The November ballot won't be certified until Sept. 13. Military ballots will go out in the mail Sept. 21. The GOP will, presumably, have until then to win any legal battle with the Democrats or they lose the fight and potentially the war.

To counter any GOP maneuver -- declaring Collins a resident of another state or appointing him to a dog catcher position in Erie County -- the Democrats might be able to counter that such a move has been made in bad faith or to circumvent the normal nomination process.

The relevant case law, however, isn't on point with this set of circumstances and has apparently not been tested before.

"We are very confident, consulting with what are some of the best election lawyers in the State of New York, that there are mechanisms in place to remove Congressman Collins from the ballot," Langworthy said.

Even before Langworthy met with the press outside of Batavia Downs, Michael Plitt, chairman of the Genesee County Democratic Committee, was texting The Batavian to decry the GOP chairman's efforts to remove Collins from the ballot.

"The GOP already picked their candidate, Chris Collins," Plitt said. "There are no do-overs. Petitions are in. Collins will be on the ballot. The GOP knew Collins had an ethics investigation."

That's a similar line of attack the Democratic nominee, Nate McMurray, is taking in tweets and news interviews.

Democrats Call for Accountability

"I think these guys should be held accountable," McMurray told The Hill. "They shouldn't be able to hit reset or take a mulligan. If they try to get him to run for another office, I will call it out for what it is: a fraud upon the United States."

While the statutory feathers fly, the eight GOP chairs of the NY-27 are moving ahead with the process of handpicking a new candidate. At one point, at least 15 people had expressed an interest in the seat but Tuesday night, Langworthy indicated the winnowing process has already begun. He said he expects there will be some more informal interviews to help determine who gets a chance to sit down with all eight county chairs and lobby for the nomination.

Those interviews will take place next week.

"We were handed the extraordinary situation that you know we're not happy to find ourselves in, but we have to work through it," Langworthy said. "We have to work together. We have to work collaboratively and we need to nominate a candidate that can succeed in all eight counties to deliver a victory in November."

The public won't be part of the committee process and voting will be weighted, which means Langworthy, representing Erie County, will have the biggest say in who potentially could appear on the R line in November.

It's a momentous selection.

Michael Caputo, a GOP political consultant, and nationally known Trump ally, told The Batavian just before news broke that Collins was withdrawing from the race, that the very future of the presidency may hinge on what happens in the NY-27.

"It may boil down to one or two seats," Caputo said. "If we lose control of the house, there will be impeachment proceedings, no doubt about it."

Erie County GOP's Questionable Candidates

Erie County, however, doesn't have a strong track record when it comes to picking representatives for the GLOW region.

Rep. Bill Paxon's career ended after he helped lead a failed attempt to oust Newt Gingrich as Speaker of the House. Rep. Tom Reynolds didn't run for reelection after his name was linked to a couple of scandals in the House. Rep. Chris Lee posted a bare-chested picture of himself on Craigslist. Assemblywoman Jane Corwin lost a race generally thought to be hers to lose.

And now Chris Collins, federally indicted on counts of securities fraud, wire fraud, and lying to the FBI. Collins was allegedly the tip of a tipping tree where he provided the crucial tidbit of bad news that caused his son, and eight other associates, to dump millions of shares of Innate Immunotherapeutics Limited before the Australia-based company publicly announced its only product, a drug to treat secondary progressive multiple sclerosis, had failed its critical medical trial.

Collins said he's not guilty.

Langworthy said none of the GOP chairs have expressed any dissatisfaction with the process that has led to this string of questionable GOP candidates being foisted on GLOW.

"I think it's a matter of the party rules," Langworthy said. "I think we work collaboratively. We're working together. Many of the candidates now hail from the GLOW region, so I didn't hear any sort of problems from any of the chairs here tonight about them."

Whoever gets the pick will instantly become the front-runner in a district that tilts +22 for Republicans, and barring the winner getting caught with his shirt off or making ill-advised stock trades, he is likely being appointed to the seat for life. The Batavian asked Langworthy if a process of eight men in a room, denying both candidates and voters the normal primary process to fill a vacancy, is the right process to follow.

"I'm going to ask you, do you think we want to be in the situation right now?" Langworthy said.

The Batavian asked, "is it fair?"

"I think it's a bush league question you asked," Langworthy said.

"So you don't want to answer it."

Langworthy: 'We Don't Want to Be Here.'

Langworthy responded, "I've already addressed this. We find ourselves in an extraordinary situation. We don't want to be here. This is a sad and unfortunate time for us. We are doing the best we can with the election law as it exists at this late date."

The choice for the chairs includes inexperienced candidates, candidates who have run a race but not won, or a slate of current office holders who would be forced to vacate a ballot line creating a new legal challenge for the party.

"I'll let you all decide who you think the front-runners are," Langworthy told the gaggle of assembled reporters from throughout the region. "We have a process to maintain. We have to continue to work together.

"You know there are candidates from throughout this district that represent different portions of this district. We're all dedicated the same thing, which is finding a conservative Republican candidate that can win this district and help President Trump achieve his agenda.

A bit later Langworthy said: "We need we need a candidate that we can all get behind in eight counties (who) can be out there meeting the voters, talking about the important issues. I mean it's a very geographically diverse district.

"I mean, you have cities, you have suburban towns, you also have a lot of rural and agricultural areas, so you have a lot of different types of people who (need to) get up to speed on federal issues. Even if they're a state official, they might not understand the federal ramifications. Those are things that we have to hit the ground running on very, very quickly."

It will be such a difficult race in such a compressed time frame that Langworthy doesn't think it's the place for novices to enter.

"I personally think that this is probably not the time for a completely new candidate, someone that doesn't understand the political process or maybe hasn't been a part of an election before in a big league level," Langworthy said. "I don't think there's a lot of time for a learning curve for a first-timer that hasn't been through the process."

White House Weighs in on Selection 

Langworthy also revealed that the White House is weighing in on the selection process.

"We're in consultation," Langworthy said. "Yesterday I had a meeting with the White House political director to discuss this race. We have been in discussions with the executive director of the National Republican Congressional Committee. They are very concerned about the future of the seat. They want to make sure it stays in Republican hands."

Whoever gets the nod from the eight chairs, Langworthy said he hopes to attract Trump to WNY to campaign for the candidate.

"I came from Utica yesterday where I saw President Trump come in for a Congresswoman Tenny," Langworthy said. "It's a very hot seat and I know they raised an awful lot of funds in a short window. It was only a one week lead-up to the event and there were hundreds and hundreds of people there showing their support and writing checks to support the congresswoman. I would love to see that sort of enthusiasm with a presidential visit."

Northgate church invites community to Prayer Walk a week after Tennessee driver tried to run its prayer team over

By Billie Owens

Press release:

Each Wednesday evening, a team from Northgate Free Methodist Church meet at 8160 Bank Street Road (North Campus) and walk a trail around the perimeter of the church property, praying for the community, the church and congregational needs as they walk.

The “Community Prayer Walk,” was scheduled to be open to the public this fall and is being developed by the members of the church and the youth of Northgate. It is a beautiful trail to walk, reflect, and meditate on and will soon include multiple prayer stations located along the path.

Last Wednesday, on Aug. 8, the prayer team’s lives were theatened as they were chased by a man who had intentionally driven his vehicle off of the Thruway and onto Northgate’s property. They narrowly escaped into the church, and the offender was apprehended by law enforcement.

Many within the community have offered prayer and support for our prayer team, and expressed gratitude for their protection.

In response to this unfortunate event, Northgate is inviting the community to join the prayer team as we commit this "Community Prayer Walk" to the Lord at 6 p.m. tomorrow, Aug.15th.

The walk will begin behind Northgate’s North Campus at 8160 Bank Street Road, Batavia.

For more information, please contact the church office at 343-4011.

(Editor's note: For previous coverage of the incident cited above, click here.)

Photos: GSO rehearsal for Sunday's Summer Serenade and garden party at Mercy Grove in Le Roy

By Billie Owens

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Monday night at Genesee Community College, the Genesee Symphony Orchestra rehearsed for Sunday's third annual Summer Serenade.
 
The garden party event is a combined fund-raising event for the United Way's Backpack Program and the Genesee Symphony Orchestra.
 
It will be Aug. 19th from 3:30-6:30 p.m. at the Mercy Grove Event Center, 7758 E. Main Road (Route 5) in Le Roy.
 
During the three-hour Garden Party, guests can enjoy hors-d'oeuvres, grazing stations, beer, wine, and a cash bar, all catered by the Le Roy Country Club. 
 
The Genesee Symphony Orchestra will play a concert from 4:45 to 5:30 p.m. under a large white tent, which is set up off the back patio of Mercy Grove. The stately mansion was built by Donald Woodward in 1927 and sets amid beautifully landscaped grounds with expansive views.
 
Le Roy Historian Lynne Belluscio will conduct mansion tours during the Garden Party.
 
Bright-colored, garden-party attire recommended.
 
The orchestra will feature "Summer Songs" with their concertmaster, GSO Conductor S. Shade Zajac. Kiran Rajamani is the featured violin soloist. Some other musical surprises will also be played.
 
Theresa DeMars, an account manager with Lawley Insurance, chairs the event for United Way.
 
Tickets to support this combined fundraiser are $75 per person; $40 of that ticket cost may be claimed as a donation to these two nonprofit organizations.  
 
Tickets may be purchased at the door or as follows:
  1. Le Roy Country Club
  2. Roxy's Music Store
  3. United Way or GSO Board Members
  4. Online at: www.uwrochester.org/summer serenade
  5. www.geneseesymphony.com

(Photos by Howard Owens.)

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Milling on Tracy Avenue in the city planned for Thursday

By Billie Owens

On Thursday, Aug. 16th, from 7 a.m. to 5 p.m., Tracy Avenue in the City of Batavia will have construction delays and lane reductions for cold milling of pavement. The work will be done between Washington Avenue and North Street.

All motorists that regularly use this road are asked to seek alternative routes during the operation. Residents within the area of the closure should anticipate delays, but we will do our best to accommodate getting you to and from your residence or place of business.

This work is weather dependent and subject to rescheduling if it rains.

Contact the Bureau of Maintenance and ask to speak to the Streets Supervisor or Superintendent at 345-6400, opt. 1, if you have any questions.

Thank you for your cooperation in advance. 

Photos: Flower arranging class at Richmond Memorial Library

By Howard B. Owens

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Ty Acquard, from Alexander, selects a flower to add to an arrangement he's building with the help of instructor Jan Goodenbery during a free flower arranging class at Richmond Memorial Library on Monday evening.

Goodenbery is a master gardener and owner of Rooted in Joy Farm in Oakfield.

Ty is proprietor of Ty's Worm's, a stand he runs at Mooch's Auto Glass in Alexander. He plans to expand his business to include flower bouquets. 

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By Lisa Ace


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Call Dolce Panepinto at 716-852-1888 immediately. We understand how life altering a work injury can be, and we are here to help.

 

Reform candidate for NY-27 thinks he should get GOP nod now that Collins is out of the race

By Howard B. Owens

Press release:

Now that Chris Collins has withdrawn in the NY 27th District race, Larry Piegza is demanding to be considered for the Republican, Independent and Conservative Party endorsements. He has already earned the endorsement of the Reform Party in the June primary and is now looking to secure the other nominations as well.

“I’ve been trying to get support from the Republican Committees in this district since November and they won’t return my call. Even now that Chris Collins has been arrested they still won’t give me an interview. This is just another example of the corrupt, pay-for-play Republican committees not caring about their district.

“The District’s GOP establishment failed to admit that Collins was a criminal in the first place. Then also tried their failed election scam of getting the fake Green Party candidate Michael Zak on the ballot. I think it’s time that we voters demand an open process for choosing Collins’ replacement instead of letting the corrupt establishment tell us which crony we have to vote for next.

"I am only one of two candidates chosen by the fair election process and have already stated that I am willing to give up my entire congressional salary if I get elected. Instead of endorsing me, they are jumping through legal hoops to try to get their next establishment crony on the ballot. The voters don’t want a rigged election. If we are going to Make America Great Again, we have got to really drain the swamp at the district level as well," Piegza said.

Hearing provides new details in fight between Batavia athletes

By Howard B. Owens

In a hearing to determine whether there is reasonable cause to charge Antwan Odom with attempted assault in the first degree for cutting his teammate, classmate and neighbor Ray Leach during a fight over stolen property Aug. 4 in Batavia, Leach said their disagreement was over $60.

Court documents indicate the 18-year-old Odom said Leach accused him of stealing marijuana.

Both teenagers agreed to fight, Leach testified in the preliminary hearing, also called a felony hearing. Things got out of hand, according to his version of the story, when Odom pulled out a small, yellow pocket knife and stabbed Leach 10 times.

District Attorney Lawrence Friedman said, “It was a fairly involved situation he explained for the judge. He was the only witness.”

Odom's attorney Frank Housh said no weapon was found on his client. He said that Odom is the victim in the case. 

“It was some remarkable testimony,” Housh said. “He testified that a few days before he went over to my client’s house, demanding he come out and fight him, he had sent a Facebook post telling him that he was going to end him."

City Court Judge Robert Balbick ruled there is reasonable cause to conclude that Odom committed attempted assault, 1st. The case will now be referred to the grand jury to consider an indictment.

Leach has not been cleared to play football. His stitches will be removed Monday but the Blue Devils' star running back could have nerve damage to his upper leg.

Odom, like Leach, was expected to start his senior year next month and once again be one of the key players on Batavia's football team. At the close of yesterday's hearing, his bail, set last week by Balbick at $50,000/$100,000 was reduced to $15,000 cash or $30,000 bond.

Story based on reporting by 13WHAM, The Batavian's news partner.

Teen killed by hit-and-run driver in Darien planned to become an Upstate, rural doctor

By Howard B. Owens

All across America, there is a shortage of rural doctors. That problem is expected to only get worse as doctors born during the Baby Boom retire with greater frequency in the coming years.

New York isn't immune. A recent survey of the state's hospitals by Healthcare Association of New York found that Upstate needs 615 more doctors.

Connor Lynskey, the 18-year-old resident of Hinckley, who was killed by a hit-and-run driver in Darien on Saturday, was well aware of Upstate's doctor shortage, which is why he decided to attend medical school and become a rural doctor.

He had already been accepted into Upstate Medical University, according to Don Lynskey, his brother-in-law. Connor Lynskey was planning to attend Siena in the fall as part of a dual-admissions program to undergrad study and medical school for students committed to becoming rural doctors. His brother, Don said, is in the third year of the same program.

In his admissions essay about his plans, Lynskey said the difficulty his sister had in getting a correct diagnosis for Type I Diabetes in Utica inspired his career choice.

"Her struggle to find a local treatment center motivates me to become a rural physician," Lynskey wrote. "Pursuing this goal, I began a shadowing program at Rome Hospital to achieve insight regarding my future job. I was able to shadow the Emergency Room, Radiology Unit, Intensive Care Unit, and Pediatrics. Each day, I attempted to absorb the knowledge presented while becoming increasingly involved in the care of patients. With my newfound knowledge, I now prepare to conquer the obstacles that await me on the road to becoming a physician."

Friday evening Lynskey attended the Jason Aldean concert at Darien Lake Performing Arts Center with friends and family. After the concert, the group walked back to their campsite at Darien Lakes State Park, taking Sumner Road. At some point, Lynskey decided to run ahead to catch up with his friend.

On the dark, hilly road, nobody in the group saw what happened next. Lynskey was hit by a car whose driver didn't stop to help or call police. When the group reached their campsite and Lynskey wasn't there, they contacted the State Park Police who notified the Sheriff's Office. Officers patrolled the area, including Sumner Road but nobody saw Lynskey or any scene of a problem.

Perhaps 30 minutes later, a woman, Jennifer L. Serrano, 48, of Charles Street, Irving, was driving on Route 77 in Darien and her car nearly struck a marked patrol car. A deputy stopped her and wound up charging her with DWI.

The next morning, Deputy Richard Schildwaster, checking Sumner Road, found debris in the roadway and when he got out of his vehicle and looked around, he found Lynskey's body in a ditch.

Serrano, who had been released on bail on the DWI charge, was identified as the suspect and was arrested in Amherst, her vehicle was seized, and she has been charged with vehicular manslaughter in the second degree and leaving the scene of a personal injury accident. She is being held on $100,000 bail or $200,000 bond.

The Batavian's news partner, 13WHAM contributed to this story.

Softball promoter seeks use of Williams Park baseball field; Watson Street residents call for stop sign

By Mike Pettinella

Mike Jamil wants a lighted field for his softball league.

Kenneth Wolter and Aaron Alwardt want a stop sign on Watson Street.

Batavia City Council heard from these three people on Monday night prior its Conference and Business Meetings at City Centre Council Chambers.

“I need lights,” said Jamil, director of the Batavia Softball League, that he says will field 17 teams for his fall league that starts next week and runs until November. “We can only get four games in at Kibbe (Park). I have facilities looking right at me; there’s a public park over there (Williams Park on Pearl Street).”

Jamil said he asked city officials about the possibility of using the lighted baseball field at Williams Park for his softball league, but was turned away.

“No discussion. It’s a baseball field, for baseball” was the response, Jamil said.

He said that his group would take responsibility for the condition of the field, and noted the only modifications would be that the pitcher would toss the ball 10 feet in front of the baseball pitcher’s mound, and that the bases would be 65-70 feet instead of the 90-feet distance for baseball.

Jamil has at least two council members in his corner at this point.

“I don’t understand why the league can’t use Williams Park when no one else is using that field,” John Canale said.

“If no one is using it, why can’t they use it?” Paul Viele asked.

Council, after being advised by Attorney George Van Nest that the different layout could create “potential ramifications,” said it would look into Jamil’s request in a timely fashion.

Jamil said he ran three leagues in the spring/summer with a total of 27 teams, using Kibbe Park and the unlit softball diamond at Williams Park.

Wolter and Alwardt spoke of issues stemming from the amount of traffic and rates of speed in the vicinity of Watson and Thorpe streets and called for the placement of a stop sign on the Watson Street side.

“Traffic goes by way too fast in my eyes,” Wolter said, noting that there are many children in the neighborhood and they run out in the street for a ball at times. “Why is it a big issue for a stop sign? Could someone tell me why we don’t need a stop sign?”

Both Watson Street residents also mentioned the need for increased police patrol, citing recent disturbances and drug dealing.

Police Chief Shawn Heubusch said that a traffic study was done, but “did not call for a stop sign at that time” and Maintenance Superintendent Ray Tourt added that a stop sign can’t be used for speed control.

City Council President Eugene Jankowski said the solution could be “something else as traffic could be confusing at that intersection.”

“We need to address something over there,” he said.

Council Member Kathleen Briggs said that she and city officials have been contacting landlords, and both Jankowski and Briggs suggested calling Child Protective Services in cases of children not being supervised.

Alwardt agreed.

“The problem is the parents; there is no supervision,” he said.

Name-calling mars City Council's vote to hire its new manager

By Mike Pettinella

Discussion about the selection of Martin Moore as the new manager of the City of Batavia turned a bit nasty tonight when City Council Member Rose Mary Christian made disparaging remarks about the in-house committee in charge of the vetting process and the consulting firm that was hired to steer the governing body in the right direction.

After Council President Eugene Jankowski and councilpersons-at-Large Adam Tabelski and Robert Bialkowski spoke about the process -- outlining their extensive interviewing, background checks and objectivity, Christian jumped in, first criticizing the Novak Consulting Group and then her three colleagues.

“I thought the Novak Consulting Group did a lousy, lousy job,” she said. “I had asked how many resumes came in and I was told 20 to 25. And from that five were chosen, one was sick, the other had personal problems, and the third person picked another municipality.  All we had was two people to interview.”

Christian also said that there were travel and training expenses as a result of the contract with Novak that she wasn’t aware of and added that she had hoped a current city employee (“an assistant”) would have applied for the job because “the salary ($110,000) was a big challenge for me.”

“I told you guys that I wasn’t going to vote for it. It won’t be unanimous; you’ll have eight yesses and my no.”

All three members of the steering committee responded to Christian’s comments.

“Everyone is entitled to a vote, but to insinuate that Novak was not truthful to us … is very misleading. Novak did a good job,” Tabelski said.

“We received three dozen, not 20, applications and eight to 10 candidates made it to the initial vetting. We then whittled the list down. It’s not the quantity of applicants, but the quality, and we have that.”

Bialkowski agreed, stating that Novak did a “stellar job.”

“They gave us the 10 best and we went from there,” he said.

Jankowski addressed the contract with Novak, noting that “it was all there in the open and you should read the whole packet before you vote on it.”

He then called out Christian (but not by name) for leaving an interview session early.

“I would think you would stay for the whole meeting and not leave for your other job," Jankowski said. "You wouldn’t say 'I don’t have time for this; I have to go to work.' This is one of the most important things that we do.”

Christian took the floor again, saying that she was told there were 20 to 25 applicants and clarifying to say she meant just travel expenses, not training.

It was then she called Jankowski, Tabelski and Bialkowski “the Three Stooges and Frick, Frack and Frank,” or something close to that.

Council Member Al McGinnis defended the trio – “You three did an outstanding job” – and Bialkowski responded, “You don’t resort to name-calling. That’s about as childish as you can get.”

After that, Council voted 9-0 to move the measure to a vote. The decision in favor of Moore was 8-1, with Christian casting the lone “no” vote.

Following the meeting, Jankowski explained why Moore, city manager of Eunice, N.M., for the past seven years, was the last man standing.

“We looked at many applicants and Dr. Moore rose to the top based on his educational level, his experience level, his personality and his experience in his present job,” he said. “He did really well in the interview. Most of Council really found him very favorable, and he just really rose to the top very quickly.”

Jankowski said although Moore is coming from a smaller community, he does have a “lot of education and a lot of background, and he has experience in other communities in his earlier career.

“He went through some really tough times in Eunice, N.M., where they had a serious income (problem) based on the oil industry. Some things dropped off from underneath them, their budget was cut dramatically. He was able to work through that, which I thought, with some very innovative ideas.

“It minimized any loss of jobs, and they were able to keep services continuing even though they took a big hit on their community income. That was very impressive. I liked that thought process and how he was able to handle that.”

Jankowski said that experience gave Moore “a good education” and made him a good fit for Batavia.

“We (Batavia) kind of went through something similar ourselves … and he knew all about that. He had done some research on us as well. I think he found other projects that are going on presently as a very big challenge, and he likes that challenge. And I think he’s going to do very well here.”

As far as Christian’s remarks are concerned, Jankowski said he found it “kind of odd, the combative nature of that whole exchange, and I agree with Councilman Bialkowski when he said that we really shouldn’t (resort to) name-calling.”

In a related matter, Jankowski suggested that the City continue to provide a stipend through the end of the year to the handful of city employees who have been doing extra work since Molino’s departure, including Interim City Manager Matt Worth.

Moore begins his tenure as the City’s manager on Oct. 15.

Eunice, N.M., loses a city manager, Batavia gains one with hiring of Martin Moore

By Mike Pettinella

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Updated at 8:55 p.m.

City Council voted by an 8-1 margin to hire Martin Moore, Ph.D., as the City's new manager, replacing Jason Molino who left for an administrative position in Tompkins County in January. A story about the voting at a special business meeting at City Centre Council Chambers will follow.

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The Batavia City Council is expected to approve the hiring tonight of Martin Moore, Ph.D., city manager of Eunice, N.M., since 2011, as the city's new top executive.

Moore has accepted a three-year contract, which must be approved by the council tonight, to fill the vacant city manager position in Batavia.

Moore will begin his duties in Batavia on Oct. 15.

City Council President Eugene Jankowski said Moore could not attend tonight’s meeting due to a family wedding but will be available via video conference at 3 p.m. Wednesday at City Hall.

Jankowski had nothing but words of praise for Moore, who was voted “City Manager of the Year” in 2015 by the New Mexico Municipal League for his “handling of the city’s finances and progress of the community and how it operates.”

“He is articulate and personable,” Jankowski said, “and all of us have been very impressed by him.”

Moore also won praise from Councilman Art McGinnis.

"He was mature, gave great answers and has incredible experience," McGinnis said. "We really won out on this one. Big time. I'm very happy."

Jankowski said Moore’s wife has family in North Tonawanda and that they have been looking at relocating to Western New York.

Eunice is a city of about 3,000 people, located just west of the Texas border in the southeast corner of New Mexico.

It operates under the guidance of a nine-member City Council, including Mayor Billy Hobbs. According to the city’s website, it is in a “period of sudden growth,” with the oil field (its main employer) in a boom period, due to the price of oil.

“All companies are in need of employees with unemployment for Lea County running at 0 percent.

"Also, the National Enrichment Facility has received their license and will be building a $1.7 billion project five miles out of town.

"They will employ approximately 250 permanent employees and have up to 1,000 construction workers on site in two years. The total project will take seven to 10 years to build.”

Additionally, the website reports that its schools are “top-notch with prekindergarten through 12th grade. The community is very involved with all levels of sports and has many state championships in all.” The Eunice High School baseball has produced 17 state championships, which is fifth-most in the nation.

Moore’s contract, as reported first on The Batavian, calls for a starting salary of $110,000, with increases of $2,000 annually. He also will receive retirement benefits, paid family medical insurance, three weeks’ vacation, life insurance, and relocation reimbursement up to $10,000.

His previous executive management experience includes a four-year stint as a consultant, census 2010 crew leader and general manager in Timberon, N.M.; county manager for Otero County, N.M.; executive director of Eastern Arizona Counties, and director of development and community services for Apache County, Ariz.

An Eagle Scout, he was a member of several professional associatons and president of the Rotary Club of Eunice, N.M.

Moore replaces former manager Jason Molino, who left in January for a similar position for Tompkins County. Public Works Director Matt Worth has been handling the city manager responsibilities on an interim basis since Molino’s departure.

Manslaughter suspect in Darien nearly hit patrol vehicle at another location after alleged hit-and-run

By Howard B. Owens

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The driver in an alleged fatal hit-and-run accident on Sumner Road in Darien just after midnight Saturday was later arrested for DWI after her car nearly hit a marked Sheriff's patrol vehicle at 1 a.m. on Route 77.

It's estimated that the hit-and-run victim, 18-year-old Connor Lynskey, of Hinckley, was struck at about 12:30 a.m.

Jennifer L. Serrano, 48, of Charles Street, Irving, was identified as a suspect based on a tip received by the Sheriff's Office after news of Lynskey's death was reported.

Serrano is charged with vehicular manslaughter in the second degree and leaving the scene of a personal injury accident. She is being held on $100,000 bail or $200,000 bond.

Lynskey attended the Jason Aldean concert at Darien Lake Performing Arts Center on Friday evening with family and friends. The group was camping at Darien Lakes State Park. After the concert, some members of the group started to walk back to the state park together and at some point, Lynskey reportedly decided to run ahead and catch up with a friend.

Upon returning to the park, the group realized Lynskey had not returned to the campsite so State Park Police were contacted.

State Park Police officers and Sheriff's deputies commenced a search of the area but did not locate Lynskey. The Sheriff's office reports deputies continued to patrol the area throughout the night, keeping an eye out for Lynskey.

The next morning, members of the group reported to State Park Police that perhaps they had heard a crash on the Sumner Road, which has a couple of dips and hills along the way, while walking back to the park in the dark of the night.

At 11:51 a.m., Saturday, Deputy Richard Schildwaster found vehicle debris in the roadway on Sumner Road and upon further investigation found Lynskey's body in a ditch along the roadway.

Investigators were able to determine the type of vehicle involved based on the debris.

Following her arrest on DWI in connection with the Alleghany Road incident at 1 a.m., about 30 minutes after the estimated time Lynskey was struck on Sumner Road, Serrano was arraigned in Darien Town Court and put in Genesee County Jail in lieu of $1,000 bail. A few hours later, she posted bail.

Through information developed during the investigation, the Sheriff's Office determined that Serrano was at a relative's residence in Amherst and obtained a search warrant for her vehicle. Her vehicle was seized and she was taken into custody.

Batavia Boys Basketball Program Golf Tournament is Saturday -- sign up, sponsor a hole, donate a prize

By Billie Owens

The second annual Batavia Boys Basketball Program Golf Tournament will be held Saturday, Aug. 18, at Batavia Country Club. Cost is $70 per golfer and all proceeds benefit Batavia basketball.

Price includes 18 holes of golf -- four-man scramble, cart, lunch and dinner.

Registration starts at 2 p.m.; tee off is at 3 p.m.

The country club is located at 7909 Batavia Byron Road, Batavia.

If interested, please contact Varsity Head Coach Buddy Brasky -- 356-4050; Bryan Falitico -- 201-1075; or Dave Hall -- 703-5063.

Prizes will be awarded to: first-place team; second-place team; third-place team; longest drive; closest to the pin.

There will be a Chinese auction and raffle prizes.

Businesses are wanted to help with $50 hole sponsorships and prizes. To do so, please contact Brasky or Falitico at the numbers above.

Checks should be made out to Batavia Boys Basketball Boosters.

Portion of East Avenue to be milled Tuesday through Thursday

By Billie Owens

From the city's Bureau of Maintenance:

East Avenue from Ross Street to Clinton Street will have construction delays and lane reductions for the cold milling of the pavement from 7 a.m. to 7 p.m. on Tuesday, Aug. 14, through Aug. 16.

All residents on East Avenue are asked not to park on the roadway during the day and either park in their driveways or neighboring streets. All area motorists are asked to avoid East Avenue if possible.

Portions of this work are weather dependent and delays may occur.

Please, plan accordingly and contact the D&H Excavating at 716-492-4956 if special accommodations are needed.

Thank you for your cooperation in advance.

Four arrests at Rob Zombie concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Rob Zombie concert at Darien Lake Performing Arts Center on Sunday:

Scott E. Staubitz, 36, of Union Road, Cheektowaga, is charged with criminal possession of a controlled substance, 7th, after allegedly being found in possession of Suboxone and LSD. Staubitz was arraigned in Darien Town Court and released. Staubitz was turned over to Cheektowaga Police on an outstanding warrant in Cheektowaga.

Brock A. Hathaway, 26, of Davidge Street, Coudersport, Pa., is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. Hathaway was arraigned in Darien Town Court and jailed in lieu of $150 bail.

Christopher C. Crum, 52 of Maple Street, Rochester, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Ashley M. Whittaker, 26 of Kensington Avenue, Buffalo, is charged with false personation after allegedly providing a false name to police officers.

Law and Order: Driver charged with DWI after accident on Lewiston Road

By Howard B. Owens

Antonio Diego Dames, 42, of Knowlesville Road, Oakfield, is charged with: DWI; driving with a BAC of .18 or greater; aggravated unlicensed operation, 1st; driving without an interlock device; and moving from lane unsafely. Dames was arrested following an investigation by Deputy Travis DeMuth into a one-car accident reported at 4:28 p.m. Thursday on Lewiston Road in Alabama.

Yahaira Ann-Marie Brown-Diaz, 19, of Bethany Center Road, Bethany, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, and speeding. Brown-Diaz was stopped at 8:28 a.m. Friday on Maple Avenue, Bergen, by Deputy Ryan DeLong. Brown-Diaz was transported to the Sheriff's Office where she was evaluated by a Drug Recognition Expert.

Genna Lynn Miller, 33, of Center Street, East Aurora, is charged with DWI, driving with a BAC of .18 or greater, failure to comply with traffic control officer, and failure to keep right. Miller was stopped at 12:16 a.m. Saturday on Alleghany Road, Darien, by Deputy Patrick Reeves after her vehicle's mirror allegedly struck a traffic control officer in the arm.

Matthew Paul Sunseri, 33, of Harlem Road, Rochester, is charged with DWI and driving with a BAC of .08 or greater. Sunseri was charged following an investigation by Deputy Mathew Clor into a disturbance reported at 10:50 p.m. Sunday in the parking lot of Darien Lake Theme Park.

A 17-year-old resident of Buffalo is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana by State Police in the Village of Corfu at 11:05 a.m. on Aug. 5.

Walter B. Hale, 65, of Oakfield, is charged with: felony DWI; felony driving with a BAC of .08 or greater; failure to keep right; and moving from lane unsafely. Hale was stopped by State Police at 1:40 a.m. Sunday on Route 98 in Elba.

Casandra E. Holloway, 25, of Newfane, is charged with: DWI; driving with a BAC of .08 or greater; no headlights; failure to keep right; moving from lane unsafely and drinking alcohol in a motor vehicle. Holloway was stopped by State Police at 11:01 p.m. Friday on Colby Road, Darien.

Scott P. Rammacher, 42, of Lockport, is charged with DWI and impeding traffic. Rammacher was stopped by State Police at 6:35 p.m. Thursday on Route 77, Darien, for allegedly driving too slow.

Christian A. Dangelo, 28, of Rochester, is charged with unlawful possession of marijuana. Dangelo was stopped by State Police at 9:44 p.m. Thursday on Route 33, Bergen.

Kyle J. Howard, 29, of Basom, is charged with criminal trespass. Howard was arrested by State Police for an alleged incident reported at 1:30 p.m., Aug. 6.  No further details released.

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