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Leaving Dollar General, driver's car catches fire

By Howard B. Owens

Robert Griffin said he was leaving the Dollar General about 3:45 p.m. when he heard a pop and then smoke started billowing out from under the hood of his car.

City Fire responded and quickly doused the small fire.

Elba kicks off 'Celebrate Reading' program

By Howard B. Owens

Mike Randall, meterologist with Channel 7 News in Buffalo, was at Elba Central School today to entertain and instruct children with his magic show.

The assembly kicked off the school's "Celebrating Reading" program. The title of today's program was "Reading is Magic."

Batavia police investigating hit-and-run property damage accident in roundabout

By Howard B. Owens

Batavia Police are looking for a blue color SUV that lost its wheel well and has damage to its right front bumper after striking sign posts in the roundabout and driving off.

The car was last seen heading south on Walnut Street.

UPDATE: Sign posts weren't struck down -- light poles were -- three of them coming off of Pearl Street into the roundabout. It looks like the driver never even entered the roundabout, but drove through the median coming off of Pearl and onto the parkway, then off onto Walnut. One of the light poles was dragged a good 80 feet.

Batavia schools plan 1.23-percent tax increase

By Howard B. Owens

At one time, Batavia School District officials spoke of a possible 10-percent tax increase on local property owners, but the final approved budget includes only a 1.23 percent increase.

District Business Manager Scott Rozanski told The Batavian's news partner WBTA, that past years' conservative budgeting -- underestimating revenue and holding a line on expenses -- has made it easier for the district to weather big cuts in state aid.

"There may be a greater impact next year and in future years if the trend continues," Rozanski said.

The 1.23-percent increase works out to 27 cents per $1,000 of assessed value, so on a home assessed at $80,000, the taxpayer will pay the school district an additional $21.60.

Rozanski said that over the past few months, the district has been able to cut expenses, which contributed to the district's ability to hold down the tax increase.

WBTA has posted a historical chart of tax increases (and decreases) from the district as well as an MP3 of its interview with Rozanski (click here).

Voters will be asked to approve the budget May 18.

Senate approves budget that increases spending, cuts funds to schools

By Howard B. Owens

Senate Democrats have approved a budget proposal that increases state spending by $1 billion, even as it cuts $1.4 billion in school spending, according to the Albany Business Journal.

The Senate budget -- which Republicans say they did not get time to review thoroughly, therefore voted against -- does not include a tax on soft drinks proposed by Gov. David Paterson, nor authorization for grocery stores to sell wine.

The proposed budget, which will need to be reconciled with an as-yet-unannounced Assembly budget, passed the Senate 32-29.

The two houses have until April 1 to agree on a budget.

Democrats say the increase in spending is still below the rate of inflation.

Sen. Mike Ranzenhofer released the following statement:

The Senate Democrats drafted their final budget resolution in secret, without any input from Republicans. They then released the resolution less than an hour before it was voted on. Only a budget resolution crafted in secret would produce such a bad deal for New Yorkers.

The Budget Resolution increases spending by $1.5 billion, expands welfare programs, and fails to restore the STAR rebate check program for all homeowners. Even worse, the resolution does nothing to help create private sector jobs. Instead, it only adds more government jobs by expanding welfare eligibility and increases public assistance payments again this year.

I will only support a budget which does not increase taxes and spending, delivers property tax relief to homeowners and enables the private sector to create jobs. This is the budget the people want. It’s a budget they deserve and the budget we must achieve.

Grand opening held today for Batavia's Mental Health Court

By Howard B. Owens

Dozens of local officials were on hand for the grand opening ceremony for Batavia's Mental Health Treatment Court, a new program -- one of the first in the state -- of the Batavia City Court.

Judge Robert J. Balbick was the first speaker.

The court is a program for defendants who have serous mental health issues, who need treatment and other services, and who chose to participate in the program instead of having their cases proceed through the regular court process.

The court will accept defendants who, in addition to mental issues, need substance abuse treatment or who have developmental disabilities, or those who have suffered traumatic brain injuries.

Today's ceremonies opened with musicians playing guitar and flute (in separate rooms). Besides Balbick, other speakers included Judy Harris Kluger, chief of policy and planning for the court, Paula Feroleto, chief administrative judge, Augusta Welsh, clinical director of Genesee County Mental Health Services, Ed Minardo, Genesee Justice, Gary Horton, public defender and Robert Zickl, assistant district attorney, among others.

For more information on the court, see our previous story.

Police expand investigation into alleged left of credit cards, building materials

By Howard B. Owens

Batavia Police continue to dig into the activities of a Warsaw man who is accused of running a complicated scheme to use stolen credit card numbers to buy building materials and then bill customers for the materials.

Today, detectives executed a search warrant at a property in Bethany and reportedly recovered thousands of dollars worth of material that was allegedly purchased with stolen credit cards from Armor Building Supply during a three-month period in 2009.

Two more counts of grand larceny have been added to the four already filed against Dustin Hurlburt, of 32, of 21 Elm St., Warsaw.

There may be other suspects in the case and Batavia detectives are asking anyone with information that might be relevant to the case to call them.

Because of the alleged use of credit cards and the amount of money involved, the U.S. Secret Service has joined the investigation.

Det. Kevin Czora is the lead detective on the case.

Upgrading The Batavian's server

By Howard B. Owens

Since about 10:30 this morning, we've been plagued by site slowness (and a server crash).

We've fine tuned our current Web server as much as we can.

The next step -- which we're taking -- is to spend more money and upgrade our server.

The frustrating part is, The Batavian, while popular locally, doesn't require many resources. Our current server should be able to handle the load just fine. The apparent and probable problem is there are a number of black hat Web crawlers (software programs that visit various Web sites sucking in the content). Black hat crawlers don't obey the ethics of how to crawl a site, they won't let a server administrator block them, and they consume a tremendous amount of resources. 

Based on the usage pattern we're seeing, we believe that doubling our server resources will give us a better ability to handle the load and greatly reduce the number of these periodic site slow downs.

The upgrade should be in place in about 20 minutes from now.

Le Roy Police charge 16-year-old with sexual misconduct

By Howard B. Owens

The parents of a 14-year-old girl in Le Roy reportedly found her in bed with a 16-year-old boy from Geneseo.

The parents called Le Roy Police and the boy has been charged with sexual misconduct, a Class A misdemeanor.

The boy's name was withheld by Le Roy Police. He was issued an appearance ticket and will be arraigned in Le Roy Town Court on an unspecified date.

Weather: Some rain, some cold, some sun over next few days

By Howard B. Owens

The forecast for today -- more drizzle, and rain showers into the night. Then it starts to clear, but temperatures over the next three or four days will range from 22 degrees to 58 degrees. Starting tomorrow, it will be partially cloudy for a few days, clearing to a sunny, but slightly chilly day, on Saturday.

Photo: Taken this morning, a horse on Pearl Road in Oakfield.

Trial moved back for former O-A teacher accused of sex abuse

By Howard B. Owens

Today's scheduled trial of a former Oakfield-Alabama teacher who is accused of sexually abusing a student has been pushed back to May 11.

Oakfield Town Justice Thomas A. Graham confirmed that 27-year-old Kerry Hoffman had until yesterday to accept a plea offer or go to trial, and Hoffman did not accept a plea deal. His case is going to trial.

All seven charges against Hoffman, five counts of sexual abuse and one count of endangering the welfare of a child, and a count of official misconduct, are misdemeanors.

The case will be tried in Oakfield Town Court.

Previously, attorney Thomas D. Calandra has proclaimed his client's innocent.

"People will be surprised," said Calandra in January. "We will be bringing up issues that will surprise people."

Le Roy voters asked to approve vehicle purchases today

By Howard B. Owens

The possible purchase of three new school buses and two other vehicles is on the ballot in Le Roy today.

Voting in the LeRoy Central District will take place from 3 until 7 p.m. in the Trigon Building.

There are two propositions:

  • The first would buy three school buses at a cost not to exceed $285,000. Ninety-percent of the cost is covered by state aid.
  • In a second proposition, district voters will be asked to approve $72,000 for the purchase of a truck and tractor for the school district. No state aid is available for the vehicles, however.

(via WBTA)

Police Beat: A pair of alleged DWIs

By Howard B. Owens

David J. Schultz, 27, of 3124 W. Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and speeding. Schultz was stopped at 2:32 a.m. on Tuesday by Officer Kevin DeFelice.

John A. Akok, 30, of Hartford, Conn., is charged with DWI and driving with a BAC of .08 or greater. Akok was stopped by State Police on the Thruway in Stafford at 7:42 a.m., Monday.

Isreal A. Amador, 22, of Rochester, is charged with criminal contempt. Amador was picked up at 11:08 a.m., Monday, by State Police in Le Roy at the Thruway exist for allegedly violating an order of protect. No further details available.

Today's Deals: Enchanted Florist, South Main, Sallome's, Settler's and Matty's

By Howard B. Owens

The Enchanted Florist, 202 E. Main St., Batavia, NY: Spring colors aren't quite yet here, unless you go to The Enchanted Florist! Brighten up your home or office today. We have a $20 gift certificate for $9.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

 

Batavia council wants more information on options for local sex offender laws

By Howard B. Owens

Even though local laws regulating where convicted sex offenders can live have been overturned by courts, the Batavia City Council wants more information on what sort of laws it can pass regulating sex-offender residency around daycare centers, parks, schools and churches.

The issue is being pushed hardest by Councilwoman Rose Mary Christian, who has received complaints about a Level 3 sex offender in her ward.

"Our preliminary investigation shows a strong leaning in the courts -- because there is such an extensive body of state statute dealing with this matter -- there is a strong feeling in the courts that this is an area that the state legislature has preempted," said City Attorney George Van Nest. "It would be beyond the ability of local municipalities to create a whole other body of regulations."

A Web page maintained by David Hess, pastor of the West Henrietta Baptist Church in West Henrietta, tracks local sex-offender laws and writes that such laws have been thrown out in Schuyler, Albany and Rensselaer counties.

"We need to do something to protect our children," Christian insists.

Council President Marianne Clattenburg suggested the city ask the New York Conference of Mayors if any local laws have been upheld. Those might be the model for Batavia, she suggested. Then the council can better direct Van Nest on any draft laws or other action.

Three residents spoke in favor of creating tighter local regulations on where sex offenders can live, including Tara Pariso, a mother of three children who is also executive director of CASA, an agency that acts as advocates for children caught up in the legal system.

Pariso discovered while searching for daycare for her own children that one daycare center in Batavia is operated by the wife of a Level 2 sex offender who lives in the house next door to the facility.

"I have no trust left in our state that they’re protecting our children," Pariso told local media after the meeting. "They have no licensing requirement that there are no sex offenders in their neighborhood. I would not trust the state to tell me who is safe and who is not, and the licensing really means nothing to me at this point. I have to do my own background investigation to figure out who I can trust my children with."

The home Pariso is concerned about is Teddy Bear Day Care, at 25 Pearl St., Batavia. 

The New York Office of Children and Family Services lists Marsha Coy as the operator of Teddy Bear Day Care.

Ronnie Coy, a Level 2 sex offender, lives at 27 Pearl St. He was convicted in 2002 of promoting sexual performances by a child and served more than a year in prison. According to local law enforcement officials, Coy has not been in any trouble since his release from prison.

A Genesee County database indicates Ronnie and Marsh Coy purchased 27 Pearl in March, 1983.

The owner of 25 Pearl is another Batavia resident, so Marsha Coy apparently rents the location of Teddy Bear Day Care.

According to the state site, the daycare business was first licensed in June, 2003. It's current license runs through June 2011. It was last inspected on Jan. 25. There have been no state enforcement actions against Teddy Bear since it opened in 2003. There are no pending complaints against the facility, which is licensed to handle 10 children ages 6 months to 12 years old, and two additional school-aged children.

Teddy Bear's only signage on the house is hand-painted and hanging from a window by the front door.

In researching this article, we found Hess's Web site, mentioned above, and he asserts that local laws restricting where sex offenders can live are counterproductive.

The common view is that the recidivism rate is high among sex offenders. It is not. New York regularly publishes 3-year follow-ups of all those released from state prisons. Between 1985 and 2002 a total of 12,863 sex offenders were released. Only 272 of these (2.1%) were returned to prison for new sex crimes within three years of their release.  (2002 Releases: Three Year Post Release Follow-up, State of New York Department of Correctional Services, p.16) 

This corresponds with an Associated Press story from 2003 that states that only 5.3 percent of sex offenders are arrested for the same offense after their release. Wikipedia also has a good summary of studies and stats about the very low recidivism rates among convicted sex offenders.

Dancer reported on State Street

By Howard B. Owens

Batavia Police are being dispatched to State Street in the area of Batavia High School where a man has been observed dancing in the rain.

The subject was "last seen sashaying south on State," a dispatcher said.

The caller also reports that the man allegedly took a bottle from his pocket, took a swig and returned it to his pocket.

Top Items on Batavia's List

Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
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