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Hit-and-run accident reported at Ellicott and Jackson streets in the city

By Billie Owens

Photo of the black SUV suspected of crashing into a gray pickup then leaving the scene.

A hit-and-run accident was reported at Jackson and Ellicott Street about 10 minutes ago. No injuries. A black SUV struck a gray For pickup truck and left the scene, headed eastbound on Ellicott, when it turned left on Liberty Street.

The black SUV was located behind Wortzman Furniture store unoccupied and Batavia police are out with it now. 

There was minor passenger-side fender damage to the gray pickup.

The suspect vehicle is missing its front grill, among other damage (see photo above).

The investigation is continuing.

UPDATE 12:11 p.m., Saturday: Det. Eric Hill said officers were able to locate the vehicle last night because he was able to review the video recording from the police department camera at Ellicott and Liberty streets. The vehicle was seen on the video turning from Ellicott onto Liberty and heading into a parking lot off of Liberty. As far as Hill knew, as of this morning, the suspect had not yet been located.

If State Senate flips party leadership, it could lead to hardships for rural residents, local farmers warned

By Howard B. Owens

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Local farmers were warned Tuesday night at the Genesee County Farm Bureau's annual meeting at Terry Hills that there's a risk Republicans could lose control of the State Senate, which would be bad for Upstate rural residents speakers warned.

Dean Norton, director of public policy for the New York Corn and Soybean Growers Association, said if Democrats gain control of the Senate, to go along with their control of the governor's seat and the Assembly, things could get as bad or worse as 2009-2010, the last time the Democrats controlled both the executive and legislative branches of state government.

Norton was president of the New York Farm Bureau then.

During that era, the state redirected 30 percent of school funding to downstate schools, eliminated $60 million in local agency funding, which meant cuts to ag research, gutted the Environmental Protection Fund for Upstate; and if not for five rural Democrats who voted no, would have passed a farm labor bill that would have greatly increased the costs of farming in New York.

"You think a $15 an hour minimum wage is going to be hitting," Norton said. "It's going to be higher."

Regardless of what Gov. Andrew Cuomo says, Norton said, he is no friend of rural communities.

Chris Laughton, director of knowledge exchange for Farm Credit East (bottom picture), the night's keynote speaker, also expressed concern that New York will lose the benefit of a divided government.

"One could argue that there is value in having a divided government and one party can keep the other in check," Laughton said. "The State Senate is up for grabs and could shift parties pretty easily and that could bring urban lawmakers more to the forefront in policy discussions."

Most of Laughton's talk about was about national issues affecting farmers.

The mid-terms are coming up, he noted, and his prediction is that Republicans lose seats in the house but maintain a narrow majority.

The farm bill expired Sept. 30 and Congress has not passed a replacement. Funding for SNAP (food stamps) and crop insurance continues but many other USDA programs come to a halt for the time being.

A Senate version of the farm bill passed by the largest margin in many years but the House version barely got through and it is drastically different from the Senate version. The House version raises the work requirements for SNAP recipients, which is a big reason it has no Democratic support.

Trade remains a big issue for farmers.

Soon there will be tariffs on every import from China and China is retaliating, especially against agriculture. 

Trade between the United States, Mexico, and Canada has more than tripled since 1995 when NAFTA was ratified. For U.S. farmers, it's meant an increase in exports in corn, dairy, and pork, with more fruit and vegetables being imported into the United States.

The new agreement, which hasn't been approved yet, doesn't change much, with a slight change coming for dairy.

Canada is eliminating its Class 6 and Class 7 pricing. The primary benefit is that Canada will no longer undercut the U.S. price on these classes of milk products in global markets.

Canada's supply management system remains in place. The United States had access to 1.5 percent of the Canadian market. That will increase to 3 percent.

“So our access to the market is still fairly limited but it is an increase," Laughton said. "It’s not a small market for us. We exported more than 600 pounds from four states into Canada last year and it could increase our exports by about 200 billion pounds at least."

"The effect on U.S. prices is still unclear," he said. "It's certainly not going to help us in the short term."

During a Q&A after his talk, in response to the overall health of the dairy market, Laughton said, "I think prices are going to get better and margins are going to get better, but it’s going to be a slow climb."

To offset agriculture losses from tariffs, the Federal government is delivering billions in subsidies. Much of that will be in the form of price supports but the Federal government is also going to purchase $1.2 billion in commodities for nutrition programs. There will also be $200 million spent to promote exports.

Top Photo: John Sobello, state board of directors, right, presents the New York Farm Bureau membership trophy to Christian Yunker, Genesee County Farm Bureau president, to recognize the local chapter's membership efforts in 2018. Criteria for the award include member retention and new member sign-ups.

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Accident blocking West Main Street

By Howard B. Owens

A minor injury accident is reported on West Main Street at Woodrow Road, Batavia.

Mercy EMS asked to respond to evaluate a child.

The accident is blocking.

City fire also responding.

UPDATE 3:41 p.m.: The turn lane and one eastbound and one westbound lane are blocked.

Grand Jury: Phelps Road, Basom, sex offender accused of failing to register change of address

By Billie Owens

Daniel E. King is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that the convicted sex offender moved to 2058 Phelps Road in the Town of Basom on Jan. 24 and failed to register his change of address with the NYS Division of Criminal Justice Services within 10 calendar days as required.

Candido Candelaria III is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Aug. 16 in the Town of Le Roy that Candelaria drove a 2005 Chevrolet Equinox on Route 33 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In count three, it is alleged that the defendant knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and that he was under the influence of alcohol or a drug at the time. In Special information filed by the District Attorney, Candelaria is accused of having been convicted for DWI, per se, on Jan. 9, 2017 in Town of Ridgeway Court, Orleans County. The conviction forms the basis for count three of the current indictment.

Benjamin J. Marien is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 15 in the Town of Darien that Marien drove a 2008 Chevrolet Silverado on Chick Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time. In Special Information filed by the District Attorney, Marien is accused of having been convicted of DWI as a misdemeanor on Oct. 12, 2016, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

City firefighters announce winners of 2018 Fire Prevention Coloring Contest

By Billie Owens

Press release:

The City of Batavia Fire Fighters are proud to announce the winners of our sixth Annual Fire Prevention Contest. With more than 400 artwork entries from Batavia Schools, this contest was very difficult to judge.

The theme was: “LOOK. LISTEN. LEARN. Be aware. Fire can happen anywhere.”

Congratulations to the following winners:

Grade K-1:

First Place -- Adam Laska -- St. Joseph School, Ms. Zambito, 1st grade

Second Place -- Savannah Conrad – St. Joseph School, Mrs. Case, kindergarten

Third Place -- Elliana Fava -- St. Joseph School, Ms. Zambito, 1st grade

Honorable Mention -- Ella Thaine -- S.t Paul Lutheran School, Mrs. Porter, 1st grade

Grade 2-3:

First Place -- Lillian McClellan -- St. Paul Lutheran School, Mrs. Porter, 3rd grade

Second Place -- Abilene Foss -- St. Joseph School, Mrs. Clattenburg, 3rd grade

Third Place -- Leo Russell – John Kennedy School, Mrs. Dobbertin, 3rd grade

Honorable Mention -- Olivia Bezon – St. Joseph School, Mrs. Starowitz, 2nd grade
 
Grade 4-5:
 
First Place -- Celes Paratore -- St. Paul Lutheran School, Mrs. Porter, 5th grade
 
Second Place -- Libby Grazioplene – Batavia Middle School, Mrs. Leone, 5th grade
 
Third Place -- Sinciera Jackson – Batavia Middle School
 
Honorable Mention -- Sophie Koladzinski – Batavia Middle School
 
The first-place winner of each group will receive a ride to school on a City Fire Engine, dates TBA.
 
An awards luncheon will be held this Saturday, Oct. 27, from 11 a.m. 12:30 p.m. at the Fire Station on Evans Street for all the winners listed above. These students and their families are encouraged to attend.
 
Thank you to all the teachers and students who participated in this year’s contest and congratulations to our winners!

Three Batavia Soccer Club teams win league championships

By Billie Owens

Submitted photos and press release:

The Batavia Soccer Club is pleased to announce the successful completion of our fall soccer season with three of our teams earning championship titles in the Livingston County Fall Soccer League!

Games were held every Saturday in September and October in Geneseo, York, and Livonia, culminating in a season-ending tournament on Saturday, Oct. 20th.

The Batavia Soccer Club had 110 participants on nine teams enter this very competitive league which is comprised of third- through sixth-grade boys and girls teams from Genesee, Livingston, Orleans, Monroe, and Wyoming counties.

Our three championship-winning teams included two teams from the fifth- and sixth-grade girls division and one team from the third- and fourth-grade girls division.

The Batavia Soccer Club has served Genesee County and the surrounding area for more than 40 years. With more than 600 summer program participants in 2018, it is one of the largest and most successful youth sports program in the region.

Registration for the 2019 season will begin in December. Please visit our website at www.bataviasoccerclub.com.

Portion of Searls Road in Byron to close Wednesday for six months

By Billie Owens
From the Genesee County Highway Department:
 
The Genesee County Highway Department will be closing Searls Road in Byron, from North Byron Road to Tower Hill Road, effective Wednesday, Oct. 31, through May 1 for a bridge replacement. No thru traffic will be allowed. Detour signs will be posted.

Genesee Valley Wind Ensemble preparing for Nov. 18 concert

By Howard B. Owens

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The Genesee Wind Ensemble performs at the Oakfield-Alabama Auditorium at 4 p.m., Nov. 18. It is located at 7001 Lewiston Road, Oakfield.

Featured works include "Beguine for Band," "Blue Moon," highlights from "Camelot," "Entry for Gladiators," "Procession for Nobles," "Abracadabra," and Symphony No. 3 by Clifton Williams.

Visit geneseevalleywindensemble.org for more information.

Photos are from last night's rehearsal.

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Vehicle fire with person inside vehicle reported on Thurway in Pembroke

By Howard B. Owens

A vehicle fire is reported by the Thruway Authority in the area of mile marker 401.8 with a person still inside the vehicle.

Flames reportedly showing.

Pembroke Fire and Indian Fall Fire dispatched.

It's possible that the person doesn't even realize the vehicle is on fire. There is no indication the person is disabled or that the fire is the result of an accident.

UPDATE 12:09 p.m.: Pembroke and Indian Falls back in service. Unfounded.

Former county legislator encourages support for staggered, four-year terms

By Howard B. Owens

Statement from Craig Yunker, CEO of CY Farms and a former county legislator:

Proposal #1 on the Nov. 6th ballot authorizes extending the terms of Genesee County legislators from two to four years with staggered terms. I served on the Legislature for 13 years. As the former Chair of the Genesee County Legislature I strongly support this proposal.

The learning curve for a new legislator is a minimum of two to three years. To expect new legislators to be competent in two years is unreasonable. For example, capital projects extend over years and losing legislators is a deterrent to their successful completion. Staggered terms that are included in this proposal diminishes the possibility of a complete turnover in one year. Such a turnover would likely result in a period of less effectiveness of the legislature during the ramp up as the newly elected body find their sea legs. The cost of running elections is not a trivial matter. This proposal has the potential to reduce election expenses for the county.

Political parties have difficulty recruiting candidates for public office. Not having to campaign, with the related expense, every two years will make the positions more attractive to the kind of candidates that want to be effective at running the county instead of playing politics.

Most towns and villages have recognized these issues and extended the terms for elected officials to four years. No significant negatives for this proposal have been presented and there are many other positives. So I ask your support for Proposal 1.

Local women business owners come together to share experiences, encourage others

By Howard B. Owens

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Renee Smart, owner of Moon Java Cafe on Harvester Avenue, talked during a women-in-business meeting hosted by the Mancuso Business Development Group at her coffee shop last night.

The gathering was a chance for local women business owners to meet and share their experiences and how they took their businesses from concept to reality. The hope is that other women might be inspired to open local businesses.

Bev Mancuso, background in the top photo, led the discussion.

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Diana Kastenbaum, owner of Pinnacle Manufacturing in Batavia.

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Kim Argenta, whose business, Art Ah La Carte, is in its 10th year.

Photos: Pink hatters celebrate cancer survival at Batavia Downs

By Howard B. Owens

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Once again, more than 400 cancer survivors and friends turned out at Batavia Downs for UMMC's annual Pink Hatters dinner.

The annual event, started more than 15 years ago, honors those who have survived cancer, primarily breast cancer, and supports those facing cancer and their friends and families.

The guest speakers this year included Lisa Lavrey, a physical therapist who spoke about lymphedema and reducing risks and managing symptoms, and Debbie Weiss, a cancer survivor.

The event also included vendors and a basket raffle.

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Batavia drug dealer gets delay in sentencing with federal case in Maine pending

By Howard B. Owens
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      Quinton Spinks
      (2010 photo)

A former Batavia resident who was arrested on drug dealing charges in August of 2017 will be allowed to miss his County Court date for sentencing because it will conflict with federal prosecution he's facing in Maine.

Until recently, local authorities were unsure where Quintin L. Spinks, 34, had gone. He was located in a federal detention facility in Maine where he faces an indictment involving other individual accused of dealing drugs and trafficking in weapons.

Spinks, in the federal indictment, is named in only count one of the indictments, for conspiracy to distribute a mixture of heroin and cocaine.

Attorney Thomas Burns told Judge Charles Zambito in County Court today, where Spinks appeared, escorted by state corrections officers, that his client sought a delay in sentencing for "strategic" reasons related to his pending federal case and a pending case in Monroe County.

While the delay might help his other cases, it may mean he can't make it back for his sentencing once those cases are resolved, so today he waived his appearance for his eventual sentencing. He will allow Burns to accept a sentencing on his behalf.  

How the delay might help Spinks with his federal case was not discussed in open court.

Under a plea agreement, he can expect a prison term of under two years but there is no cap on his post-release supervision. He will also be required to pay the standard fines and make a $200 restitution to the county before he is sentenced.

He was arrested by the Local Drug Task Force on two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

He was arrested by federal authorities in Maine in June. His co-defendants are Rashaad McKinney, Deondray Warren, Sharoz Haywood, and Demario Boler. All face drug charges but McKinney and Warren also face federal weapons charges for making straw purchases of firearms -- buying guns using a fake name.

No date was sent for Spinks to be sentenced.

Bike theft in progress on Walnut Street

By Howard B. Owens

A person is apparently chasing a bike-theft suspect northbound on Walnut Street, Batavia.

There's no description of the bike thief.

UPDATE 8:43 p.m.: Police are out with the original caller on Walnut Street. No word on the bike thief.

UPDATE 8:48 p.m.: The suspect was last seen westbound on Main Street riding a pink and purple Roadmaster 10-speed.

Sponsored Post: Know your rights, call Dolce Panepinto today

By Lisa Ace


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  • Be protected from toxic chemicals;
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  • See copies of the workplace injury and illness log;
  • Get copies of test results done to find hazards in the workplace;
  • Be provided required safety gear, including but not limited to: Hardhat, gloves and harness;
  • Report an injury or illness, and get copies of your medical records If you or someone you know has been injured or fallen ill due to unsafe work conditions. 

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

Suspected puppy abuser gets bail, forfeits pet ownership

By Billie Owens

Photo of two additional dogs that Welch had. Both are at the county animal shelter.

Suspected puppy abuser Brandon Welch made his first court appearance yesterday afternoon since his arrest Oct. 18.

The 23-year-old, who lives in an apartment on East Main Street in the city, was granted bail at his preliminary hearing.

It was requested by his private counsel, Frank Ciardi, on the misdemeanor charges of falsely reporting an incident in the third degree (for claiming he found the starving puppy); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog.

Ciardi, whose criminal defense practice is based in Rochester, advocated his client's suitability for bail by noting that Welch has no criminal history, he's lived here two years and was employed in Churchville at the time of his arrest.

To Ciardi's right stood his diminutive client, silent and stoop shouldered; shackled and wearing orange jail uniform, with his head nearly shorn bald and his brown beard neatly trimmed.

City Court Judge Robert Balbick set Welch's bail at $5,000 cash or $10,000 bond, which was not opposed by First Assistant District Attorney Melissa Cianfrini.

The question of bail for the Class D felony charge of making a terroristic threat was deemed null and void after two witnesses could not get here in time to testify. The charge was brought after investigators learned that the defendant allegedly said he would shoot the next cop who came to his home.

Two female witnesses were to be served with orders of protection from Welch, subpoenaed and brought from the "other side of the state" to Batavia to testify about the threat they allege Welch made against law enforcement. That failed to happen by 11:30 a.m. yesterday.

As of the day before -- Tuesday afternoon -- Welch's case was docketed for 1:30 p.m. Wednesday. Yet the pair of witnesses was apparently scheduled to give statements earlier -- in the morning -- and the deadline could not be met.

The first district attorney said not only were orders of protection requested, and subpeonas sought, but the people requested all of Welch's firearms to be turned over; she was concerned that only two of three known weapons were recovered in Welch's apartment by law enforcement after they got a search warrant.

Judge Balbick said there was no order on file concerning the firearms.

Cianfrini said she had supporting depositions showing that the defense was asked to turn over all weapons and ammunition.

"He freely handed over the weapons he had there," replied Ciardi.

But a third weapon, a rifle which Cianfrini referred to as a "30-'ott'-6" -- which is a caliber, a size of cartridge (.30-06) that is used in various kinds of weapons and is powerful enough to take down a moose -- was not recovered.

The rifle and ammo were missing and a rifle case was "found empty," she said, adding that this made the people uncomfortable because Welch had been seen in possession of the rifle.

Ciardi then asked: "Why would he turn over two weapons and not all three?"

He added that if Welch is released -- he makes bail -- he will advise him to turn over all weapons.

To ensure their costs are covered, a security bond application was filed with the Genesee County Sheriff's Office by Animal Control to recoup costs to shelter, feed and care for Welch's pets.

An emaciated 9.2-pound pit bull mix pup now known as "Opal" was brought to Batavia Police after it was found in Stafford Oct. 4. A tipster later led police to Welch. 

Three other animals in his care were subsequently seized from Welch's home: a bearded dragon lizard, which, like Opal, is now in foster care; and two other mixed breed dogs, which Welch told Judge Balbick are part boxer and part German shephard, respectively. The canines appear healthy, albeit lean, and are at the shelter. They have an eager-to-please, energetic disposition.

Under Article 26 of the state Agriculture and Markets Law, the shelter is eligible to be reimbursed at a rate of $10 per animal per day for any seized animal in its custody, plus vet bills. Vet bills in Welch's case to date stand at $837.38 and counting.

The bond application sought was for more than $4,500, according to Animal Control.

Because Welch forfeited ownership of all four creatures, repayment for costs incurred and vet bills will not be sought and the security bond application was vacated.

Welch's next city court date is 1:30 p.m. on Tuesday, Oct. 30, for discovery on the misdemeanor counts and pre-trial motions.

Inset photo above right: This is an example of the kind of lizard -- a bearded dragon lizard -- Welch kept before relinquishing ownership Wednesday. It is not a picture of the one that belonged to Welch.

Former VP Joe Biden joins McMurray for campaign stop

By Howard B. Owens

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Press release:

Nate McMurray, Democrat and Working Families Party candidate in NY-27, was joined today by Vice President Joe Biden at The Olive Tree Restaurant, where the two greeted voters and talked about McMurray’s campaign for Congress.

Former Vice President Biden is the most high-profile leader to stump for McMurray, who has been gaining momentum as two recent polls showed a virtual dead heat following the incumbent Chris Collins’ indictment.

“I grew up with people very similar to the residents of this district, not that far from here,” said former Vice President Biden.  “Hardworking middle-class families who just want leaders who understand their challenges and work to make their lives better. It’s about creating jobs that the working families of New York can live on. Making sure their kids have safe streets and good schools, and the opportunity for a decent life.

"Folks here put country before party because they know that it’s the right thing to do. And that’s why I’m proud to support Nate because he’ll fight for those families, every day, and give them the kind of Representative they deserve.

“Vice President Biden is a prime example of a leader who has dedicated his life to serving our country and always standing up for working and middle-class families like ours.  It’s an honor to have his support,” McMurray said.

With less than two weeks to go, McMurray’s campaign has generated excitement across New York and the country as he takes on the indicted incumbent Chris Collins. Last week, the race was added to the DCCC’s “Red to Blue” list as two polls confirmed that it is neck-and-neck.

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