Traffic is stopped at Richmond Avenue and Oak Street because a Sheriff's deputy is trying to herd kittens across the road.

They kitties are in the roadway and he's trying corral them or move them out of harm's way; no word on momma. 

UPDATE 1:02 p.m.: Traffic is flowly freely. A kitten is now inside the patrol car; the others must have skittered off.

UPDATE 1:11 p.m.: The deputy is en route to the shelter with the kitten.

It's time for the annual Local Independent Online News Publishers' conference in Chicago (an organization I helped start) so this afternoon I'm catching a flight to O'Hare.

I'll return Sunday.

Billie will be holding down the fort and we have some stories in the pipeline and will continue coverage of our community, though I'll be busy and won't be around to cover events.

Press release:

Days after revealing an impressive fundraising quarter, Nate McMurray revealed results of internal polling showing that the race for New York’s 27th Congressional District is tied between McMurray, the Democratic and Working Families Party Candidate, and incumbent Chris Collins, who was indicted on charges of insider trading and lying to the FBI in August. The poll was taken from Oct. 6th – 8th, sampling 400 voters in the district.

With the race as a dead heat, McMurray’s support has come from a deep base of grassroots support as voters are demanding integrity and a member of Congress who will listen and truly represent them. McMurray has yet to air a single ad on TV, while Collins has spent heavily, launching extensive negative advertisements in the weeks before the poll.

“This proves what we’ve been seeing on the ground for months: We. Can. Win. Voters are tired of corruption and care about protecting healthcare, fighting for farms and supporting small businesses,” McMurray said. “Voters feel taken advantage of by a wealthy man who used his power to enrich himself instead of representing people like us.

"They are angry that he’s running for reelection because his defense attorneys told him to. They are sick of politics as usual that puts the desires of the powerful above the needs of working people. They know that we are better than this in Western New York, and they’re right.”

Among the findings of McMurray’s internal polling:

McMurray and Collins are tied and McMurray is in a strong position to win the election, having raised the necessary resources to communicate his message to voters in the final weeks of the campaign.

Collins and McMurray are each attracting 42 percent of the vote while Reform Party candidate Larry Piegza receives 6 percent and 10 percent of voters are undecided.

Nine in 10 voters (90 percent) report that they have heard, read, or seen information about Collins’ indictment, with a majority (57 percent) stating they have heard “a lot” about the indictment.

Earlier this week, McMurray’s campaign released his campaign’s third quarter reports, raising close to a half million dollars with the vast majority in the seven weeks following Collins’ indictment. This comes even as McMurray’s campaign will not accept corporate PAC money. Last week, he was endorsed by End Citizens United, a group dedicated to getting Big Money out of politics and fixing the rigged system in Washington so it works for all Americans./p>

Collins was arrested on charges of insider trading and lying to the FBI in August and pledged to suspend his campaign. Collins broke his pledge weeks later on the advice of his criminal defense lawyers, announcing on Sept. 17 that he intended to keep remain on the ballot. It’s no surprise that overwhelming financial support has come to McMurray since voters learned that he would be running against Collins.

In that time, McMurray has built up his campaign staff and opened seven offices to hold the massive volunteer base.

NOTE: The Batavian has suspended publication of press releases from Rep. Chris Collins until Collins agrees to an interview.

Republicans in New York have been totally ineffective in protecting the Second Amendment rights of the state's citizens, Larry Sharpe, Libertarian candidate for governor, told members of Genesee County SCOPE at the regular monthly meeting at Calvary Baptist Church in Batavia on Tuesday night.

He is the only candidate on the ballot, he said, who can and will get the SAFE Act repealed, and he laid out a plan for getting it done even though he would be the only elected Libertarian in the state.

First, Sharpe said, within 90 days of taking office he would pardon every person in the state who has been convicted of a SAFE Act felony. Next, he would encourage local law enforcement to stop enforcing the SAFE Act.

At that point, Sharpe said, he will be attacked by the media. But rather than cowering, he would use the attacks to educate the public about how bad the SAFE Act is for all New Yorkers.

"When I talk with people who support the SAFE Act, they say the SAFE Act is great and that is as far as they think about it," Sharpe said. "They say the SAFE Act has the word 'safe' in it so it must be good. 'We haven't had a school shooting since 2013, therefore the SAFE Act works.' "

He said the problem with the Republican argument against this shallow line of thinking has been, "but it's unconstitutional," which is totally unpersuasive to a supporter of the SAFE Act.

His line of argument gets their attention, he said.

"The SAFE Act has made millions of New Yorkers overnight criminals," Sharpe said. "They purchased a firearm legally and then the next day they were violent felons in the eye of the law. And they go, 'oh, really? I thought the SAFE Act just outlawed machine guns.'

"That's not what it did. No, literally, it made millions of New Yorkers violent felons overnight. It made all medical personnel part of the the state secret police. They must now literally report on people (who they might suspect of mental illness)."

Sharpe used an example of a person seriously injured who tells a doctor, "I'm in so much pain I want to die." That person, Sharpe said, gets labeled "suicidal" and now can't possess a firearm.

He also said the SAFE Act also disapportinately affects veterans, who are both more likely to own a firearm and more like to suffer from PTSD.

"When you tell people this, watch all the people who were pro SAFE Act start to say, 'oh, that's bad,' " Sharpe said.

Once he's pardoned those convicted under the SAFE Act, and once it's not routinely enforced, and once he's made the public case why the SAFE Act is an unfair law, then he can go to the Legislature and tell them, "repeal it."

He thinks that by then the political pressure will be on the Democrats in the Assembly to repeal it and he will be able to get the votes in the Senate because at least five members will have decided it's politically expedient to be on the side of the governor and will have switched their party registration to Libertarian.

He promised to have the SAFE Act repealed in 2020.

Sharpe said he will win the governor's race because he has a movement going. He compared it to Donald Trump's campaign. People didn't see Trump coming because he used Twitter to build support.

"I use Facebook and video," Sharpe said.

He said his campaign appeals not just to Republicans but also Democrats and independents.

"I am the most pro Second Amendment candidate ever and I draw Democrats all the time," Sharpe said. "You want to win the election? You want to make this a pro Second Amendment state? You've got to get Democrats. You've got to get independents. Republicans are not enough."

The Batavia City Council is on board with a one-year extension of a tentative new sales tax agreement with Genesee County as long as county legislators also act to facilitate the “special legislation” necessary to secure a 40-year deal.

During a Special Conference Meeting tonight at City Hall, council members opted to move a resolution calling for a 12-month extension agreement to its Conference Meeting on Oct. 22, but want assurances that Genesee County lawmakers will be taking up the measure as well.

“The one-year extension is consistent with the 40-year agreement … and the special legislation hopefully will lead to (the passage) of the 40-year agreement,” Interim Manager Matt Worth said. “It would not have been approved by the state Comptroller’s Office (without the special legislation). So, the county will meet concurrently and then it will go to the Comptroller.”

City Attorney George Van Nest explained that the county attorney was advised in mid-September of “feedback he got from the state Comptroller’s Office that there was a little discomfort (with the 40-year term).”

Van Nest said pursuing the special legislation through the state legislature is the “best approach and the most cautious approach.”

In a memo to City Council dated Oct. 2, Worth referred to precedent for such a move, citing previous agreements in Wayne and Ontario counties.

The City and Genesee County have reached a deal giving Batavia 16 percent of the county’s 50 percent share of the 8 percent sales tax through the end of 2018 – with provisions for that amount to grow in future years by a maximum of 2 percent per year. In future years, the City’s share will depend upon sales tax revenue growth, eventually being no less than 14 percent.

City Council President Eugene Jankowski said he was in favor of the special legislation because “it will protect us. It becomes not just an agreement, but one approved by the state legislature.”

County legislators deemed that a change in the current agreement was necessary due to pending large expenditures, primarily a new county jail and several bridge replacements/repairs.

Council Member Robert Bialkowski said he wanted to know how much the county actually needs for these big ticket items.

“What do I tell my constituents?" he asked.

Worth said he wasn’t sure of the numbers, but said the county jail cost is expected to be around $50 million.

The county is expected to act on the extension on Oct. 17, Worth said, noting that the extension will expire on Dec. 31, 2019.

Jankowski said the ruling from the state Comptroller’s Office came as a bit of a surprise.

“The county attorney had been in contact with the state all along and at the last minute, it was like somebody finally read it, and said, ‘Oh, it’s a 40-year agreement,’ ” he said.

During the Business Meeting held before the Conference Meeting, Council:

-- Voted 8-1 to continue extra compensation for Worth ($1,000 per month), and James Ficarella, Ray Tourt and Lisa Neary ($750 per month each) through the pay period ending Jan. 4, 2019, for their additional work during the time the City has been without a city manager and assistant city manager.

The lone “no” vote was cast by Rose Mary Christian, who previously stated that she believes the additional pay should end when the new manager, Martin Moore, assumes his duties on Oct. 15.

-- Voted 9-0 to support the Fire Department’s implementation of an external Emergency Medical Technician class to be offered on an annual basis and to accept a $1,500 state grant to continue a child safety seat initiative.

The EMT class is for citizens interested in becoming EMTs for their own personal benefit as well as those who offer their services to other fire, rescue or Emergency Medical Service agency.

A two-car accident with injuries and air-bag deployment is reported at West Main and River streets. It was a rear-ender. it is blocking traffic. Batavia Fire Department and Mercy medics are responding.

A motor-vehicle accident is blocking traffic at Route 33 and Wortendyke Road. Minor injuries reported. East Pembroke Fire Department and Mercy medics are responding.

Three goats at Pully's Farm Market in Le Roy this afternoon stick their heads through the fence of their pasture to chew on grass on the other side, which is apparently greener and tastier.

Below, a tractor on a little bump of a hill next to the parking lot at Pully's.

Press release:

Nate McMurray, the Democratic and Working Families Party candidate for New York’s 27th Congressional District, today showed a major force of strength raising more than $475,000 in the campaign’s third quarter.  The vast majority of it was raised in the seven weeks following incumbent Member of Congress Chris Collins being indicted on charges of insider trading and lying to the FBI.

The momentum of Nate’s campaign is accelerating even as the campaign is still counting checks from September.
 
“I’m proud to show the party bosses that our grassroots campaign has the resources to go toe-to-toe with special interest dark money and Mr. Collins’ dirty attack ads. We’re only getting started,” McMurray said. “I have been crisscrossing this district since January meeting thousands of voters from across Western and Central New York.

"We’ve been fueled by potlucks and picnics and our grassroots support has been growing from day one. But this race now has, and deserves, national attention. Mr. Collins’ arrest put NY-27 in the spotlight because it’s obvious to everyone, and certainly voters here, that they deserve better than a representative out on bail.

"I understand how big this district is – I know because I’ve been everywhere talking to voters about healthcare, Social Security, and how to help small businesses and family farms succeed – and I know that it’s important we get our message everywhere. You can expect to see us on TV soon and expect to see our grassroots supporters out in their neighborhoods, spreading our message of integrity and a system that works for the working men and women of this district.”
 
Nate’s impressive fundraising comes even as he will not accept corporate PAC money. Last week, he was endorsed by End Citizens United, a group dedicated to getting Big Money out of politics and fixing the rigged system in Washington so it works for all Americans.
 
It was Aug. 10 when Mr. Collins was arrested on charges of insider trading and lying to the FBI but it was only Sept. 17 when voters of this region learned that it would be Mr. Collins running for reelection after weeks of bait-and-switch legal shenanigans.

It’s no surprise that overwhelming support has come to Nate since voters learned that he would be running against Mr. Collins.

In that time, Nate has built a professional finance operation, built up his campaign staff, and opened seven offices to hold the massive volunteer base.

Nate has also received the support of the working men and women of the district with support from:

• Amalgamated Transit Union
• American Federation of Government Employees
• American Federation of State, County and Municipal Employees
• Buffalo Building Trades Council
• Civil Service Employees Association
• Communication Workers of America
• International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local 9
• International Association of Machinists and Aerospace Workers
• International Brotherhood of Electrical Workers
• International Brotherhood of Teamsters
• International Union of Operating Engineers
• International Union of Painters and Allied Trades
• New York State Nurses Association
• New York State United Teachers
• Niagara Building Trades Council
• Service Employees International Union 1199
• United Association of Plumbers, Fitters, Welders, & Service Techs
• United Automobile, Aerospace, and Agricultural Workers of America
• United Brotherhood of Carpenters
• United Food and Commercial Workers
• United Steel Workers

NOTE: The Batavian has suspended publication of press releases from Rep. Chris Collins until Collins agrees to an interview.

Joseph Michael Dispenza Sr., 45, of Maple Street, Batavia, is charged with second-degree menacing with a dangerous instrument. At 7:09 p.m. on Oct. 5 on Oak Orchard Road in Elba, Dispenza was arrested following a report and police investigation of a person threatening people in the woods with a knife. He was issued an appearance ticket and is due in Elba Town Court at 5 p.m. on Oct. 15. The case was investigated by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Austin Heberlein.

David Michael Pierleoni, 32, of Whittier Road, Rochester, is charged with fourth-degree grand larceny. At 5:34 p.m. on Sept. 24, Genesee County Sheriff's deputies responded to Kohl's department store for a larceny complaint. Pierleoni was arrested for allegedly stealing $1,097 in merchandise from the store. He was issued an appearance ticket for 1 p.m. on Oct. 15 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Christopher Parker.

Jon T. Magliocco, 41, of Liberty Street, Batavia, is a registered Level 3 sex offender charged with failure to report a change, in this case, to register an Internet account; first offense. He is required by law to register any change in Internet accounts with the NYS Division of Criminal Justice Service. He was jailed without bail and is due in City Court on Nov. 1. He is currently an inmate of the NYS Department of Corrections and Community Supervision -- Clinton Correctional Facility in Dannemora -- and will remain in their custody. The case was investigated by Batavia Police Investigator Eric Hill.

Gary L. Williams, 26, and Matthew Reed, no age provided, of Hutchins Place, Batavia, are charged with disorderly conduct / using obscene language in public. They were arrested at 3:15 p.m. on Oct. 2 on Hutchins Place after allegedly repeatedly screaming obscenities, racial slurs and threats to harm / murder another person -- all while outside in a public place in the presence of neighbors and a gathering of young children. The men continued screaming obscenities despite being warned by police to stop, according to the police report. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Jamie Givens.

Kyle-Jacob T. Fitzpatrick, 29, of Smyrna, was arrested on Oct. 5 by the Le Roy Police Department and charged with: one count of driving a commercial vehicle while intoxicated, a Class A misdemeanor; one count of driving a commercial vehicle while ability impaired by drugs, a Class A misdemeanor; one count of failure to maintain lane, a violation; and one count of failure to keep right, a violation. At approximately 12:30 p.m. on Oct. 5, patrols received a complaint of erratic operation of a tractor-trailer in the Village of Le Roy. Patrols were able to locate the vehicle and while observing it, the vehicle allegedly failed to maintain its designated lane; this caused oncoming traffic to leave their lane to avoid a collision. After a brief investigation, it is believed that Fitzpatrick was operating the vehicle in an intoxicated state. Fitzpatrick was taken into custody without incident evaluated by a drug recognizant expert. He was arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $500 bail. Fitzpatrick's driver’s license is suspended pending outcome of the charges. Fitzpatrick is to return to the Le Roy Town Court on Nov. 5.

Alecia K. Urban, 32, of Hutchins Street, Batavia, is charged with falsely reporting an incident. She allegedly reported a motor-vehicle accident to a police officer, alleging it occurred at a particular location, time and under different circumstances than what actually occurred. She was arrested at 12:20 p.m. on Oct. 1 and was issued an appearance ticket. Urban is due in city court on Oct. 9. The case was investigated by Batavia Police Officer Jamie Givens.

Dylan M. Conte, 25, of Bacon Street, Le Roy, was arrested on Oct. 5 by the Le Roy Police Department and charged with: one count of burglary in the third degree, a Class D felony; one count of criminal mischief in the fourth degree, a Class A misdemeanor; and one count of petit larceny, also a Class A misdemeanor. In the early morning of Oct. 5, the Le Roy Police Department responded to a complaint of a subject breaking windows on a building located in the Village of Le Roy. Upon arrival, patrols located Conte in the area. After a brief investigation, it is believed Conte allegedly entered the building and took an item that was located inside. Conte also damaged a window located on the building. He was arraigned in the Le Roy Town Court and put in Genesee County Jail in lieu of $10,000 bail. Conte is to return to the Le Roy Town Court on Nov. 5.

Ryan David Shumway, 39, of Jackson Street, Batavia, is charged with disorderly conduct. He was arrested at 2:10 a.m. on Oct. 2 on Jackson Street and issued an appearance ticket for city court on Oct. 9. The case was handled by Batavia Police Officer Kyle Krtanik.

Kevin W. Howard, 18, of Chili Avenue, Chili, is charged with failure to appear. On the afternoon of Oct. 2, Howard turned himself in on an active bench warrant for failing to appear in court. He was arraigned in city court and released under the supervision of Genesee Justice. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Frank Klimjack.