Summer Ogden, 35, of Porter Avenue, Batavia, and Eric Michael Duda, 49, of Route 5, Stafford, are both charged criminal contempt (Summer in the 2nd degree, Duda in the 1st). Both Ogden and Duda have orders of protection in place barring them from contacting each other. The pair was arrested at 9:41 p.m., Tuesday, when they were allegedly found together.

Joseph Charles Wind, 41, of Horseshoe Lake Road, Batavia, is charged with criminal possession of a controlled substance, criminal use of drug paraphernalia and aggravated unlicensed operation, 3rd. Wind was stopped at 8:50 p.m. on Ellicott Street Road, Batavia, by Deputy Brian Thompson for allegedly driving without headlights after dusk.

I've driven on Bank Street Road dozens of times. Today, for the first time, I noticed this interestingly shaped tree.

On my way back from Bergen, I found myself at the intersection of Walkers Corner and Batavia-Byron Townline roads.

About a month ago, I was in this same area and noticed this old one-room schoolhouse. This time, I took the time to stop. It looks like some artist has converted it into a studio. 

I'm a little envious.

Though the sun shone on Bergen this morning, there was little joy in the tiny village of 1,200 people.

The community laid to rest one of its youngest members today, Eric. C. Wall, 16, who died Friday afternoon in a tragic and ultimately unexplainable accident

An overflow crowd filled the Methodist Church for an hour-long service.

After the service, Pastor Michael Merry spoke with reporters and said though it is a sad day, it's also a day of hope.

"I see hope in a community that has come together," Merry said. "I see hope that we can maybe find a way to prevent this kind of tragic death from happening again."

On Friday afternoon, at about 2:45, Eric was on his way home from school with two friends. When they got into the village, the three boys went their separate ways and Eric apparently decided to try and run across the train tracks. It's impossible to know what he saw or what he thought. There was a CSX train coming from the west and an Amtrak train coming from the east. Eric was first struck by the passenger train and then by the cargo train. He was pronounced dead at the scene.

"This has been very difficult for the community to cope with," Merry said. "Perhaps the most difficult part -- as you can just hear -- is the train whistle in the background. We have about 70 trains per day come through here. It's going to be hard to get that sound out of our heads. I think this is a day of healing, but as we hear that train go by, we will also remember."

Merry said Eric was memorialized during the service as a kid who made people laugh and stuck up for weaker, picked-on classmates, and would stand up for what he believed in.

"We will mourn his loss," Merry said. "He will be missed in all kinds of ways."

On Saturday, Eric's brother planted an apply tree in the little park near the train tracks. The tree was a gift from the community. At 9 a.m., Monday, the tree will be dedicated in a community service. Merry asked that the media let the community have a quiet, undisturbed ceremony.

For more coverage from The Batavian's news partner, WBTA, click here.

While Kathy Hochul won the race for the NY-26 seat, Jane Corwin was favored in Genesee County.

Corwin picked up 44.2 percent of the vote to Hochul's 39.2.

Jack Davis, who garnered only 9 percent of the vote throughout the rest of the district, picked up 14.5 percent in Genesee County.

Here are the final vote totals.

Total ballots: 8,247

Corwin: 3648 -- 44.2 percent

Hochul: 3239 -- 39.2 percent

Davis: 1195 -- 14.5 percent

Murphy: 100 -- .012 percent

Write-in: 43

Blank: 22

These are unofficial numbers and they may not yet include absentee counts.

We don't have the turnout percentage yet.

The new proposed budget will go to voters on June 21 has a spending plan of  $39,366,045, with a 4.13-percent property tax increase (Story).

Batavia City School Board Member Patrick Burk was in a Catch-22 Tuesday evening.

Burk is a Genesee County elections official, and also the president of Batavia City Democrats. So naturally he was at the polling place at 9 p.m., when police walked in and attempted to confiscate the voting machines. It seems Jane Corwin’s campaign had obtained a court order to block any immediate counting of the votes.

“Corwin ‘allegedly’ had a court impound the machines, but I heard it was overturned,” says Burk.

While talking with police, Burk received a call on his cell phone from fellow board member Steve Hyde, which he ignored.

Then Hyde called again. Burk picked up – and suddenly found himself at the center of a debate over the Batavia City School District budget. Fellow board members had split 3-to-3, and Burk’s seventh vote would decide between a contingency budget, and a budget proposal improvised by Hyde.

“Give me about 35 minutes,” Burk said.

Forty minutes later, Burk walked into the board of education meeting on Washington Avenue, visibly out of breath.

Shortly after calling the meeting back into session, Board President Andy Pedro asked if there was any further discussion on the proposal to adopt a contingency plan.

“Well,” Burk deadpanned, “I’d like to see the options first,” receiving a chorus of laughs from the remaining board members.

A bit later in the meeting, Superintendent Margaret Puzio remarked tongue-in-cheek that board members “had all night,” to which Burk cheekily replied: “I’ve been awake since 4:30 a.m., Margaret – make me feel better.” More laughs.

Asked later in the evening about his frantic night, Burk simply stated: “Well, it was the right thing to do.”

(Photo courtesy Batavia City School District)

It was the longest board of education meeting Pamela Wentworth could remember.

“I’ve never seen a meeting this long,” the president of Batavia Teachers’ Association whispered as the meeting closed at about 10 p.m.

But at the close of three hours of work, board members had managed to cut, scrimp and save their way down to just a 4.13-percent proposed property tax increase. That figure represents roughly $275,000 less tax revenue than the district would have received under the first-draft budget, which included a 5.75-percent tax increase. Voters shot that budget down last week.

“I just think it’s our obligation to put another budget in front of the public,” said Board President Andrew Pedro. Pedro entered one of three no votes to the contingency budget, which would have included a 5.13-percent tax increase.

“To me…the public sent a message (in the budget vote) that was ‘no,’” Pedro said. “Now if they shoot it down again, our hands are tied,” and the contingency budget must be adopted.

It’s important to note that a contingency budget would include a 5.13-percent property tax increase – more than what the district will now propose to voters. (See note at bottom) A contingency budget also includes a clause that the community may not use district facilities for free at a cost to the district. The cost must either be recouped through a fee, or the facilities must be shuttered to the public.

If board members had voted tonight to adopt the contingency budget, the public would not have had the chance to vote.

There were originally three budget options on the table for the board this evening. Choice Number One was to re-submit the already failed budget to voters. Choice Number Two was to submit a new budget to voters with just a 3-percent property tax increase, by including $170,000 in savings from four teacher retirements and wrapping in nearly $300,000 in reserves. And Choice Number Three was the contingency budget.

Superintendent Margaret Puzio explained that retirement savings weren’t realized in the first budget submitted to voters, because paperwork hadn’t yet been finished. But those savings are now ineligible to be wrapped into a contingency budget to drive taxes down.

That’s when Steve Hyde piped up with what he termed “the hybrid”: include all the cost savings in the contingency budget, wrap-in the retirement savings from Choice Number Two, and draw nothing from the district reserves.

“It still protects reserves for rainy days, because next year could be really terrible and tough,” Hyde pointed out, referring to a possible state property tax cap. “And a contingency budget is going to put a lot of hardships on community groups that rely on our facilities.”

Hyde’s plan would have to be put to a vote on June 21.

But Board Member Steve Mountain did not agree with either Andy Pedro or Steve Hyde.

“The vote was not a ‘loud and clear no,’” Mountain said. “Less than 10-percent of voters, voted” in the budget vote last week.

Mountain elected to go with the contingency budget, and instead place the $170,000 retirement savings in that rainy-day reserve fund for next year, as even more back-up.

“The taxpayer wouldn’t realize it (the benefit) until next year,” Mountain said. “If we put out a 3-percent budget this year, are we going to put out a 10-percent budget next year? We want to make sure we’re being consistent.”

The contingency budget was eventually put to a vote, and split 3-3 because Board Member Patrick Burk was away on other business. Burk was summoned, and voted the contingency budget down.

“I like Steve’s ‘hybrid’ where we are maintaining some of the reserves,” Burk said. “If the re-vote does pass, we are not jeopardizing the use of facilities by our community, which supports us in much larger areas.”

A vote on the “hybrid budget” passed 5-2. The unofficial final tally for that budget is $39,366,045, with a 4.13-percent property tax increase. The budget will go to voters on June 21, with a public hearing to be held at least one week in advance.

NOTE: A new contingency budget, if adopted, would contain a different property tax figure than the first-version contingency plan. School officials explained to WBTA News that each budget presented to voters has a subsequent related contingency budget. The new proposal (the hybrid) already takes out the equipment expenses that are legally required to be removed for contingency budgets. Therefore the new (hybrid) budget proposal and subsequent contingency budget may be the same number.
 

Photos by Howard Owens

Even before the Genesee County vote has been counted, the Buffalo News, along with other media outlets, have declared the race for Kathy Hochul.

According to the Buffalo paper's numbers, with 87 percent of the precincts reporting, Hochul has 48 percent of the vote to Corwin's 42 percent. Jack Davis picked up 9 percent and Ian Murphy 1 percent.

Corwin conceded the race shortly after 10 p.m.

It's unclear what will become of the court order Corwin obtained earlier today barring certification of the election results before a court appearance on Thursday.

At about 9:30 p.m., the first ballot bags arrived at County Building #2.

So far 23 of 48 bags have arrived.

Election results for Genesee County won't be released until all bags are received.

The bags contain ballots and flash cards. The flash cards are fed into a computer and the tally isn't released until all cards have been tabulated.

The Buffalo News is reporting 74 percent of the precincts in the district have reported. Hochul has 48 percent of the vote, Corwin is at 42 percent, Davis at 8 percent and Murphy at 1 percent.

Derek Geib, left, and Michael Highland, will officially open their new downtown bar and eatery Wednesday and have spent the past two evenings preparing by serving speciality hamburgers to a limited number of guests.

With the kinks mostly worked out during the "soft launch," the duo is excited to finally be doing business as Bourbon & Burger Co. at 9 Jackson St., Batavia.

There are about two dozen different types of hamburgers on the menu, and the restaurant is aiming to be known as the best place for a burger in the county.

The menu also includes a variety of sandwiches and appetizers, an extensive beer list plus a full bar.

Supposedly fiscal conservative Jane Corwin has started legal action to tie up today's special election in court before officials have even started to tally ballots.

The Buffalo News reports that Corwin has obtained a court order barring certification of a winner even though there is no evidence to suspect any problem with the count.

It's unclear if any sort of count will proceed tonight (we'll find out as soon as we can).

Corwin's campaign issued this statement:

“We have anticipated a very close election from the start, and the action taken today is standard procedure and very typical in close campaigns. Our campaign’s goal is to ensure that every legal vote cast is properly counted accurately and fairly.” 

UPDATE 7:14 p.m.: I just spoke with Dick Seibert at the Board of Elections, and in between being harried with other tasks, he explained that all machine-cast ballots can be counted and unofficial results can be released, but the court order has barred the board of elections from opening absentee ballots. The board also cannot release results from -- though they can count -- emergency ballots. Emergency ballots are those being printed on copy machines this evening because of heavier than anticipated voter turnout. So far, 200 emergency ballots have been printed, but more as a precaution, Seibert explained, because polling places, while getting low on ballots, had not run out yet.

Some time this summer, downtown will have another outdoor dining venue.

On Monday, the Batavia City Council approved the sale of a small downtown parcel to South Beach Restaurant owner Ken Mistler.

The 1,900-square-foot lot is adjacent the restaurant. Mistler intends to convert a portion of it to a seating area and an outdoor grill.

The lot, currently known as Kiwanis Memorial Park, will be divided so that a portion will remain green space with a six-foot-wide walkway dedicated to the Kiwanis Club. 

The purchase price is $1,000, which Mistler said is exactly the appraised value for the lot. He said in order to make the purchase, the city required him to pay for a professional appraisal, which cost $700.

"I think it's going to enhance downtown, and bring more people to downtown," said Fifth Ward Councilwoman Kathy Briggs. "I'm excited about it."

Mistler said that's exactly his goal. He hopes the new place will help promote downtown, generate more revenue for his employees and allow him to add three more staff members.

"This is for downtown," Mistler said. "Batavia is a small community and I like what goes on here."

When completed, the grill will serve customers both inside and outside the dining area. It will also be a place where people can drive to, park at the curb, and get a quick hamburger or hot dog. Walk-up customers will also be welcome.

Still undecided is what alcohol service will be available. If Mistler wants a cash bar outside, he needs to get another liquor license. Or he could knock a hole in the wall behind his current bar and service customers through a window. Or customers could buy liquor inside and bring it out to the patio.

As for the Kiwanis, Mistler said he is offering them the walkway as a place to sell bricks as a fund raiser every five years. He said he will supply the labor to lay the bricks and if the Kiwanis don't sell them, he will, and donate the money to the Kiwanis.

Thomas Joseph Mitchell, 21, of Oak Street, Batavia, is charged with criminal possession of a controlled substance (oxycodone), unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Mitchell was arrested following a traffic stop at 5:45 p.m., Thursday, on State Street Road, Batavia, by Deputy Brian Thompson.

Patrick Joseph Crawford, 17, of Bridge Road, Elba, is charged with criminal possession of a weapon, 4th. Patrick was allegedly found in possession of two firearms in his vehicle while on school grounds.

Ryan Christopher Riggi, 16, of Transit Road, Elba, is charged with criminal contempt, 1st, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. Ryan is also accused of violating an order of protection. He was jailed on $1,000 bail. No further details were released.

Robert James Caplick III, 36, of E. Main St. Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, unreasonable speed and failure to keep right. Caplick was taken into custody by Deputy Jason Saile following a report at 2:45 a.m., Thursday, of a vehicle stuck on the Norfolk Southern railroad tracks on Spring Road, Alexander.

Polls opened at 6 a.m. and one poll worker told me turn out has been light so far.

Come on, Genesee County, you can do better.

Go vote. Tell your coworkers, your neighbors, your family, your friends: Go vote.

Vote at lunch. Vote after work. Vote after dinner. Just vote before the polls close at 9 p.m.

• Nation watches vote in 26th District, Buffalo News
• Medicare issue defines the campaign, Buffalo News
• Ian Murphy: Volunteering at the Corwin Phone Bank, Buffalo Beast
• Local election with national consequences?, CNN
• All eyes on New York's special, The HIll
• 5 things to watch in the NY-26 vote, Politico
• Parties Preparing for N.Y. Special Spin, Roll Call
• New York’s Extra Special Election: A Wake-Up Call for the GOP?, Time
• Supporters likely to get a call — or three — for NY-26 race today, Niagara Gazette
• Cantor: NY-26 Isn't a Referendum on Ryan Budget, Slate
• As Contested District Votes, a Candidate Can’t, The New York Times
• Republican Candidate in House Race Acknowledges Missteps, The New York Times
• Michael Mallia’s Mansion Hideout Discovered, WNY Media

The Board of Election site provides a complete list of polling places in Genesee County.

Polls are open from 6 a.m. to 9 p.m., so if you're registered to vote, there's pretty much no excuse not to show up at your polling place today.

Even if you're fed up with the race, turned off by the robo calls and the greasy commercials, go vote. Turn in a blank ballot if you must.

This is shaping up to be a VERY tight race. Unlike any congressional race in this area for a long, long time, your vote carries more weight and counts like never before. Don't miss you chance to cast a ballot that really matters. Genesee County voters, especially, could make all of the difference in the race.

Here's the lastest on The Batavian challenge (pledges paid to local charities if Genesee County leads all counties in the NY-26 in voter turn out):

The Batavian, $100 to the Genesee Justice Foundation.

Jeff Allen, $100 to Care-A-Van Ministries.

Dan Jones, $26 dollars to Care-A-Van Ministries and another $26 dollars to the USO.

Dave Olsen, $25 tor GJ and $50 for The Loyola Recovery Foundation.

Joanne Rock has pledged $25 to GJ.

Lorie Longhany, $26 to the Child Advocacy Center wing of Genesee Justice.

Ricky G. Hale, a local plumber, has pledged $100 to Genesee Justice.

District Attorney Lawrence Friedman has pledged $1,000 -- with $500 going to the Genesee Justice Foundation and $500 going to Justice For Children GLOW Foundation. Any other members of the legal community like to step forward?

Ken Mistler pledged $100 for Volunteers for Animals.

County Clerk Don Read has pledged $100 for Crossroads House. 

James Renfrew has pledged $50 for Genesee Justice.

Chris Charvella has pledged $50 to Loyola Recovery.

That's more than $1,700 in pledges.  

Genesee County is counting on you to vote today.

A two-car accident has been reported in the area of 1431 Broadway Road, Darien.

Initially, one driver was trapped, but managed to get himself out.

No injuries are reported. Medics responding for evaluation of victims.

View Larger Map

Kathy Hochul made a campaign stop in Batavia today, stopping by Scooter's Family Restaurant on West Main Street.

Geoff Redick, of The Batavian's news partner WBTA, was on hand to snap a couple of pictures and talk with Hochul briefly.

She recently came out ahead of Republican Jane Corwin in a Siena poll – an eyebrow-raiser in New York’s 26th Congressional District race, which has been staunchly Republican in the past. Hochul gives the credit to her campaign.

"People are listening to us – the message is getting out there," Hochul told WBTA. "We've been pounding this message home for weeks. And (residents) want somebody who's a fighter, a very Independent Democrat, and I'm their candidate."

Retiree Art Wilford was sitting down to lunch when Hochul walked in. He thinks she’s got a chance tomorrow.

"I'm normally Republican," he said, "but she's got a nice personality. I don't know her that well, but she seemed to be well-spoken, and suited for the job."

Art says he may even vote for Hochul: "There's a good possibility," he said.

(via WBTA)