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Three new positive cases reported in Genesee County

By Howard B. Owens

Press release:

  • Genesee County received three new positive cases of COVID-19, for a total of 215 positive cases.
    • Two of the positive individuals reside in Batavia and one resides in Byron.
    • Two of the individuals are in their 40s and one is in their 50s.
    • Zero of the previous community positive cases have recovered and have been released from mandatory isolation.
    • Zero of the new positive individuals was on mandatory quarantine prior to testing positive.
    • One of the total active cases are hospitalized.
  • Orleans County received zero new positive cases of COVID-19 today, for a total of 263 positive cases.
    • One of the previous community positive cases have recovered and have been released from mandatory isolation.
    • Thirteen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

There are now 10 active cases in Genesee County.

Large number of absentee ballots cast will delay election results

By Howard B. Owens

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The old joke is: Vote early and vote often.

In 2020, it's more than a joke.  

Voters in Genesee County received more than 7,000 absentee ballots over the past several weeks, and with elections that would normally be on different days consolidated into a single day, both Republicans and Democrats have multiple ballots to cast.

The turnout at local polling places today, said Dick Siebert, Republican election commissioner, has been light. That is likely due to all those voters who requested absentee ballots.

Siebert doesn't have a count on how many ballots have been returned so far, but while some in politics have expressed concern about the prospect of voter fraud from mail-in ballots, Siebert said there is no indication of fraud in Genesee County.

"I hear that nationally there have been reports in other counties, but not in Genesee County, of one person or one group asking for 350 ballots," Siebert said. "We don't have that problem in Genesee County. No representative or candidate has asked for as many as 15 or 20 ballots."

The potential problem with absentee ballots, Siebert said, is that there is no opportunity to check an ID of a voter the way polling workers could for a person voting at a designated polling place. That doesn't mean there isn't a way to help protect against voter fraud with absentee ballots but it's a lot more work, Siebert said.

Workers must pull the registration card for every voter who submits an absentee ballot and check the signature at the time of registration against the signature on the envelope containing the ballot.

For this election, even with an anticipated turnout of the more than the 25 to 30 percent that might be typical, it's going to take county staff some time to sort through all those ballots before they can be counted.

Siebert is worried about the general election in November when turnout is expected to top 80 percent. If the pandemic is still raging and people must still maintain social distances the number of absentee ballots to be verified and counted would be well beyond anything local officials ever had to deal with before.

"That would be a disaster," Siebert said. "The workload, the time it would take, if the same thing happens in the fall, we're going to be overwhelmed."

As it is, residents should not expect final election results tonight. This evening, results for today's in-person voting will be released after polls close at 9 p.m. but the absentee ballot count won't be finished until July.

If you haven't voted yet and go to a polling place today, masks are required.

Also, if you haven't dropped your absentee ballot in the mail yet, it's too late; however, you can drop it off at your neighborhood polling location.

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Part of Pavilion without power following motor vehicle accident

By Howard B. Owens

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A traffic accident in the area of 6895 Ellicott Street, Pavilion, has apparently knocked out power for 104 customers of National Grid, including Pavilion Town Hall.

The accident was reported at about 11:30 a.m.

The ETA for power restoration is 1 p.m.

No word on injuries in the accident.

UPDATE 1:13 p.m.: A spokesman for National Grid confirmed the accident caused the power outage. The new ETA for power restoration is 3 p.m.

UPDATE 1:48 p.m.: The road is reopened. The Pavilion assignment is back in service.

UPDATE: Reader-submitted photos

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Four new COVID-19 cases reported in Genesee County since Friday

By Howard B. Owens

Press release:

As of 2 p.m.

  • Genesee County received four new positive cases of COVID-19, for a total of 212 positive cases.
    • One of the positive individuals reside in Batavia, one resides in Bethany, and one resides in Darien.
    • One of the new positive cases is a resident of The Grand Rehabilitation and Nursing at Batavia.
    • One of the individuals is in their 20s, one is in their 50s, one is in their 70s, and one is in their 80s.
    • Two of the previous community positive cases have recovered and have been released from mandatory isolation.
    • One of the new positive individuals was on mandatory quarantine prior to testing positive.
    • One of the total active cases are hospitalized.
  • Orleans County received three new positive case of COVID-19 today, for a total of 263 positive cases.
    • One of the new positive cases resides in Murray.
    • Two of the new positive cases reside at the Orchard Rehabilitation & Nursing Center.
    • One of the new positive cases is in their 50s, one of the new positive cases is in their 70s and one of the new positive cases is in their 90s.
    • The new positive community case was not on mandatory quarantine prior to testing positive.
    • Three of the previous community positive cases have recovered and have been released from mandatory isolation.
    • Twelve of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
    • We have received word that we have lost an Orleans County resident due to COVID-19. The individual was a resident of Orchard Rehabilitation & Nursing Center. We extend our deepest condolences to the family and friends during this very sad time.

NOTE: There are eight active cases in Genesee County.

VIDEO: Cedar Street flooded under train bridge

By Howard B. Owens
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After a heavy downpour this afternoon, the area under the train bridge on Cedar Street flooded for a short time.

Two-car accident reported in Bergen

By Howard B. Owens

A two-car accident, unknown injuries, is reported at North Lake Road and Peachy Road, Bergen.

The accident is blocking the intersection.

Bergen fire and Mercy EMS dispatched.

UPDATE 1:10 p.m.: One car blocking.

UPDATE 1:13 p.m.: No injuries; medics are put back in service.

UPDATE 1:15 p.m.: Bergen Fire Police are called to Route 19 and Sackett Road to shut the road down.

Average gas prices largely unchanged

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.13, which is 3 cents higher than a week ago. One year ago, the price was $2.66. The New York State average is $2.23 – 1 penny higher than last week. A year ago, the NYS average was $2.85.

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

  • Batavia -- $2.25 (no change since last week)
  • Buffalo -- $2.19 (no change since last week)
  • Ithaca -- $2.13 (up 1 cent since last week)
  • Rochester -- $2.20 (down 1 cent since last week)
  • Rome -- $2.25 (up 1 cent since last week)
  • Syracuse -- $2.13 (up 2 cents since last week)
  • Watertown -- $2.23 (up 1 cent since last week)

Gas prices remain much more affordable than last year making summer road trips more enticing to area families. This year, AAA Western and Central New York expects road trips to be the most popular form of travel with families looking to drive to destinations.

The national average price for a gallon of gasoline is 53 cents cheaper than last year at this time, while the New York average price is 62 cents cheaper than a year ago, making road trips an affordable option for motorists.

From GasBuddy:

"Gasoline demand has continued to recover over the last week, with a 3-percent rise in demand versus last week according to data from Pay with GasBuddy, and that continues to push gasoline prices higher as well, for the eighth straight week," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"Americans continue to increasingly get in the car as summer progresses, eager not to miss out on the best months of the year, and our data is clear on that. In turn, the resurgence in gasoline demand is also pushing oil prices to their highest level in months, fueling gas prices to rebound as Americans try to find some sense of normalcy amidst the ongoing COVID-19 situation. For now, its likely that we remain on this path of rising prices, but we won't see gas prices snap back to normal for some time yet."

Photos: Rotary club serves free pancakes in drive-thru breakfast for Father's Day

By Howard B. Owens

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The crowd may not have been as big for the Rotary Club's annual Father's Day Pancake Breakfast as it would have been if they had been able to conduct the breakfast in the sit-down style of the past 20 years, but club members were pleased with their well-organized effort to feed members of the community for free.

Nobody had to pay this morning for three pancakes, two sausage links, butter and syrup, milk and orange juice, though donations were gratefully accepted.

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VIDEO: BHS Senior Parade

By Howard B. Owens
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On what should have been their prom night on Saturday, Batavia High School seniors were given a chance to celebrate the close of their final year of high school with a parade through the city, passing Robert Morris, Jackson Primary, John Kennedy, the nursing home, and then returning to Batavia HS.

Photos: Trailer overturns on West Bergen Road after being struck by car

By Howard B. Owens

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A 2013 BMW allegedly failed to yield coming off of North Bergen Road around noon today crossing West Sweden Road. The BMW reportedly hit a trailer being hauled by a 2016 Nissan pickup causing the trailer to flip over.

Reader-submitted photos and information.

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Owner offers $1K reward for capture of intruder at Dave's Ice Cream

By Howard B. Owens

A perpetrator is still at large following a late-night break-in at Dave's Ice Cream, 3872 W. Main Street Road, Batavia.

Local law enforcement is looking for an individual who made forced entry into the ice cream shop at about 10:50 p.m. and was wearing black pants, a black coat, a gray hoodie, white gloves, and a black mask.

The subject attempted to gain entry to the cash register before fleeing in what appeared to be a small, white SUV.

Owner Debra Webster became aware of the burglary in progress because of a security camera in the store that alerted her on her phone to activity inside the closed and locked shop. She called 9-1-1 and Sheriff's deputies, with back up from Batavia PD and State troopers, responded but the perpetrator had left before police arrived.

Webster said the burglar did not seem familiar with the store and that no money was left in the store so no money was taken.

She is offering a $1,000 reward for information leading to the arrest of the criminal.

The Sheriff's Office is continuing the investigation. Anyone with information pertinent to the case is asked to call Investigator Chris Parker or Deputy Jordan Alejandro at (585) 343-5000.

UPDATE: Photo of the intruder's face submitted by Debra Webster.

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VIDEO: Courtesy Debra Webster. Note: The submitted video was 2:30 long. We've trimmed it to include only the portions that show the intruder and the SUV.

(Initial Report)

Nate McMurray says one of his opponents lies about him in campaign commercial

By Howard B. Owens

Press release:

Politifact, a fact-checking website that rates the accuracy of claims by elected officials and candidates, announced today that Chris Jacobs’ most recent TV ad is entirely false. The ad repeats a set of lies first put forward by Chris Collins about Nate McMurray. In particular, the ad claims that McMurray sent American jobs to Asia and China, which is entirely not true.

“I can’t believe this man has spent hundreds of thousands of dollars on this false message, the same false message first put forward by Chris Collins. He’s doubling down on those dated lies. This ad must be effective, but what does it say about Jacobs’ judgment that he would so openly lie to get elected?” McMurray said.

Instead of talking about the critical issues that matter, like creating jobs, Jacobs seems concerned with only one issue: lying about and slandering his opponent. Instead of lies, McMurray has talked throughout this campaign season about expanding healthcare and protecting Social Security and Medicare.

McMurray's press release did not contain a link to the fact-checking site. Below are links to pages fact-checking both McMurray and Jacobs, finding a mixture of false and true statements for both candidates.

VIDEO: Oakfield-Alabama Class of 2020 Graduation

By Howard B. Owens
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Oakfield-Alabama Class of 2020 Graduation

VIDEO: Oakfield-Alabama Class of 2020 Graduation

By Howard B. Owens
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Oakfield-Alabama Class of 2020 Graduation

VIDEO: The first day of the first-ever Juneteenth celebration in Batavia

By Howard B. Owens
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The four local men who organized the March for Justice in Batavia on June 7 have joined together with eight more local residents to form Just Kings Social Club to help promote racial equality in the city. Friday, they hosted their first event at the YWCA: Day one of a two-day Juneteenth celebration.

Today (Saturday), the event starts at noon and runs until 7 p.m. There will be food and beverages, live entertainment, as well as vendor booths.

The YWCA is located at 301 North St., Batavia.

The end of slavery in the United States is not marked by one single date.

Juneteenth evolved out of the cooperation of June 19 in Texas, the day slaves were freed in the former rebellious state in 1865, two years after Abraham Lincoln signed the Emancipation Proclamation freeing slaves in territory still held by Confederates.

It wouldn't be until December 1865 that the 13th Amendment was ratified banning slavery in the United States. Many believe the struggle for equality and liberty for black Americans has yet to be fully realized.

Photo: Residents at Bank and Washington supporting 'the movement'

By Howard B. Owens

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Kathy Poole and Patty Poole were sitting in their yard at Bank and Washington in Batavia late this afternoon with signs around them supporting Black Lives Matter, giving every car that passed their way a big, smiling, friendly wave.

Patty said they wanted to support the movement. 

"I feel like something in the system is pretty screwed up and there has to be a change and that starts at your home, you know," Patty said. "Spread the word."

As for Juneteenth, Patty said the holiday isn't just about black power. It's about power for all people.

"The color of my skin does not define me but a special day like this, I’m going to support it, of course," she said.

Photo: Kathy Poole, Jeneve (last name declined), Jaya, and Patty Poole.

Two patients at Batavia VA test positive for COVID-19

By Howard B. Owens

Press release:

As of 2 p.m.

  • Genesee County received two new positive cases of COVID-19, for a total of 208 positive cases.
    • Two of the positive individuals reside in the Federal VA in Batavia.
    • One of the individuals is in their 60s and one of the individuals is in their 80s.
    • One of the previous community positive cases have recovered and have been released from mandatory isolation.
    • Zero of the total active cases are hospitalized.
  • Orleans County received one new positive case of COVID-19 today, for a total of 260 positive cases.
    • The new positive case resides in Murray.
    • The new positive case is under the age of 20 and was on mandatory quarantine prior to testing positive
    • One of the previous community positive cases have recovered and have been released from mandatory isolation.
    • Thirteen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

Erie County DA says he feels his office was 'used' in filing of complaint against Chris Jacobs

By Howard B. Owens

During a press conference in Buffalo today, while announcing he was not pursuing criminal charges against congressional candidate Chris Jacobs, Erie County DA John Flynn "called out" the anonymous person who filed a complaint against Jacobs for alleged "voter fraud."

"There is no doubt that I'm being used here to a certain extent," Flynn said. "I didn't just fall off the turnip truck, you know. I've been around for a long time. I've seen a lot of things. When I feel like I'm being used, I feel like someone is, put John Flynn aside, someone is using the District Attorney of Erie County and that bothers me a lot."

Flynn declined to name the complainant but said the complainant's failure to identify him or herself is once the complaint was made public -- through an anonymous tip to a Buffalo TV station -- didn't sit well with him.

"I think it's pretty weak that you won't let anyone know who you are," Flynn said. "I'm going to say that publicly and I know the person won't want to hear it and I say, 'too bad.'"

The person who made the complaint called Flynn directly, he said, and then Flynn's staff and that person's attorney exchanged emails about the allegations.

After reviewing the allegations, Flynn decided not to file charges against Jacobs.

The person making the complaint alleged that Jacobs circulated petitions last summer using an address for an Orchard Park house he had made a deposit on but had not yet purchased. If that were a crime, Flynn said, it would be offering a false instrument for filing. And if it were a crime, Flynn said, it would be outside his jurisdiction because the petitions were filed in Albany.

The two other allegations against Jacobs were that he registered to vote at the Orchard Park address on Sept. 3 but didn't close escrow on the property until the end of September. Then, he used that address as his voting address on Nov. 5 while maintaining another residence in Buffalo.

Flynn said Jacobs came into Flynn's office voluntarily and shared with the DA paperwork and information about maintaining two households. He purchased the house in Orchard Park and invested a substantial amount of money in renovations while also continuing to pay utilities on that residence. Meanwhile, after the pandemic hit, Jacobs decided to spend more time in Buffalo where he could be closer to his mother and assist her during the pandemic lockdown.

He said the evidence undercuts any claim that Jacobs might have had an intent to defraud anybody therefore his actions were not criminal.

"Under election law, it is legal to have two residences," Flynn said. "It was Jacobs who voluntarily came into my office and voluntarily gave me the whole story, he readily admitted he owns two homes, readily admitted during COVID-19 crisis he lived more so at home in Buffalo because his mother lives near him and he wanted to stay close by and help his mother

"He readily admitted he spent more time at his buffalo address," Flynn added. "That is not a crime. It is not a crime to have two residences. There is nothing the in law that says you have to live at one resident X-number of days or X-number of hours to have that declared as your residence."

Because Jacobs invested a substantial amount of money in the other house and because he has continued to pay the utility bills there, there is no "aura of a sham," which would be necessary, he said, to prove an election fraud case.

Jacobs issued the following statement following the announcement:

Chris Jacobs is releasing the following statement in response to DA Flynn’s dropping of the false complaint.

“I want to thank D.A. Flynn for his swift dismissal of Beth Parlato’s phony complaint. And I further want to thank D.A. Flynn for allowing me to come in of my own volition and present him with complete documentation that completely disproves these attacks from Beth Parlato.” 

“It’s now clear Beth Parlato orchestrated this stunt and abused the justice system solely as a political attack and to run a negative television attack ad. It’s shameful, but not surprising. Beth Parlato must immediately take down her false, negative ads. The voters of Western New York are a lot smarter than Beth Parlato thinks and I suspect they will reject her and her nasty, negative campaign on Tuesday.” 

The Batavian offered Beth Parlato a chance to respond to the Jacobs' allegation that she was behind the complaint and got no response to our email request.

Hours after news of a complaint was filed, Parlato released a campaign commercial that accused Jacobs was the subject of a criminal investigation. She also included the same accusation in a press release sent to The Batavian yesterday. There was no criminal investigation, as Flynn revealed today.

Parlato has not issued a statement regarding Flynn's decision to drop the complaint.

Stefan Mychajliw:

“My initial statement on this matter is just as relevant Thursday as it is today: the District Attorney and voters will pass final judgment on Chris Jacobs. Judgment has been passed by the District Attorney. Now, voters will decide for themselves who will be the Republican nominee for New York’s 27th Congressional District in November. Nevertheless, it is troubling to just now find out from the District Attorney that Chris Jacobs admittedly does not live in the 27th Congressional District."

Nate McMurray:

“It is concerning that in a day a complaint of voter and election fraud of a Congressional candidate and State Senator can be dropped, so quickly. No one knew about this until the local news reported it yesterday. Yet here we are, everything resolved with a 5:00 p.m. press conference on a Friday the weekend before an election--just hours after a visit from Jacobs and his attorneys,” said McMurray. 

“If only justice worked so swiftly for regular people, and not just people who can afford the best attorneys. I will tell you this, regardless of what loophole he used, what he did was meant to mislead. He knows. But the people of Western New York, most of us never get a break. Chris? He gets all the breaks,” said McMurray.

Speaking of misleading, McMurray posted this tweet this evening:

Months ago, pre COVID, I sat down with @howardowens for an hour long, no cut interview.

Jacobs refused. https://t.co/7jozhNRpDu

— Nate McMurray for Congress 2020 (@Nate_McMurray) June 20, 2020

Jacobs did not refuse an interview with The Batavian. Jacobs, like McMurray, Parlato, Duane Whitmer, and Mychajliw, all participated in interviews.

Hawley endorses Jacobs for NY-27

By Howard B. Owens

Press release:

Assemblyman Steve Hawley endorsed Chris Jacobs for New York’s 27th Congressional District today.

“Chris has served Western New York with honor and integrity, and he has been a steadfast defender of our conservative values in Albany,” Hawley said. “Chris is unwavering in his fight for his constituents, our region, and our values – I can think of no one more suited to fight for Western New York and be the conservative leader we need in Congress.

"It is my distinct honor and pleasure to offer my full endorsement for Chris in both the Special Election and Primary Election on June 23rd.”

“I am beyond honored and grateful to receive Assemblyman Hawley’s endorsement," Jacobs said. "It has been an honor serving beside him in the State Legislature and he has been a true conservative fighter for the people of Western New York.

"With his endorsement, I feel confident that we can usher in a new era of prosperity in our region and send strong conservative leadership to Washington."

Jacobs has also received the endorsement of United States President Donald Trump, House Republican Leader Kevin McCarthy, House Republican Whip Steve Scalise, Congresswoman Elise Stefanik, NYS Senator Patrick Gallivan, NYS Senator Mike Ranzenhofer, NYS Assemblyman Angelo Morinello, NYS Assemblyman Mike Norris, Erie County Sheriff Tim Howard.

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