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News roundup: A slippery commute

By Philip Anselmo

"Numerous" vehicles ran off the road early this morning on a very slippery Route 20 that got so hazardous it had to be closed down for about a ten mile stretch between Alexander and Pavilion, according to WBTA's Dan Fischer. Many of the vehicles that slid off the highway were still being pulled back up onto the road not even an hour ago. Salt trucks were finally starting to make some progress in the seven o'clock hour. About two to three inches of slippery snow fell across the area overnight.

A deer hunter was shot and killed by a member of his own party in Cattaraugus County. Derrick Lockwood, 23, of the town of Humphrey died Sunday morning following the incident, authorities there said. A police investigation into the death is ongoing.

Wade looks to lead Batavia girls to new level

By Brian Hillabush

 Mark Hamilton did a great job of getting the Batavia girls basketball program back to respectability.

When he stepped down, the school looked for a coach that can take the program to another level. Bill Wade appears to be that man.

Wade coached Byron-Bergen to the state finals in 1984, won a state title in 1999 with Notre Dame and then retired, spending four years as an assistant coach at SUNY Brockport. Wade's career record is 215-52.

He looks to help the squad improve on last year's 16-5 record and be competitive in the Class A sectionals.

The veteran coach has a pair of returning senior stars that are expected to lead a young team this season.

Jaycee Shirk showed marked improvement as last season went on and the 6-foot-1 forward/center is expected to be a force in the paint. Shirk teamed with Alyssa Tretter for that role and now will be handling those duties on her own.

Shirk averaged 12 points with eight rebounds and two blocks per game last season.

The other returning starter is senior guard Brittany Mazurkiewicz, who poured in 10 points with five assists and three steals per game.

Every other player on the roster is a junior.

Stacy Hein is expected to run the point with Brittany Wormley, Alicia Emminger and Michelle Jordan also expected to be key players for the Blue Devils.

Batavia earned a fourth-seed in the Class A playoffs last year, but were knocked out by No. 5 School of the Arts in the quarterfinals, 62-44. Shirk had nine points in that game and Mazurkiewicz had eight.

 

Electronic billboards: Coming soon to a highway near you...

By Philip Anselmo

Commuters heading west from Batavia may soon have to contend with yet another highway distraction. An article in the Buffalo News from last week informs us that electronic, television-style billboards will soon be gracing roadsides in Buffalo, Niagara Falls, Hamburg and Tonawanda. They will replace the antiquated poster-style billboards in those areas with electronic ones that "beam a new picture every eight seconds." But there's more to these flashy billboards than just invasive marketing opportunities.

The new technology has drawn concern in some communities, while winning applause in others for beaming emergency information to drivers.

Digital signs can quickly replace ads with messages about traffic problems ahead. They can also relay AMBER Alerts about missing children, (Lamar general manager Rich) Dvorak said.

In Minneapolis, a digital billboard alerted drivers about a bridge collapse in 2007 and helped reroute traffic.

“We can react within minutes to get that [emergency] message up,” Dvorak said.

But concerns about distracted driving and neighborhood livability have also surfaced as the electronic signs proliferate, with 1,100 now in use nationwide.

What do you think? Will electronic billboards be worth the distraction?

Batavia Daily News for Monday: The Stage opens at old cinema in Warsaw

By Philip Anselmo

The former Warsaw Cinema officially re-opened Saturday as The Stage, Warsaw's new center for the performing arts, according to the Daily News. There was sadly no mention in the otherwise great article about upcoming performances or even if there was a performance during the open house Saturday. We're told that the group Western New York Performance Center Inc. bought the place earlier this year

with the aim of creating a space for music, stage productions, educational programming, and independent film.

That sounds great. I'm all for more culture, in whatever form we can get it, and this place sounds like it will be a great addition to the area. Has anyone yet been down? It's a little outside Genesee County, but I may have to go check it out, get some video footage.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

On the Beat: Weekend DWIs

By Philip Anselmo

David R. Kaminski, 51, of Lancaster, was charged with driving while intoxicated and unlawful possession of marijuana Friday, Genesee County sheriff's deputies said. Kaminski was stopped for a traffic violation on West Main Street in the village of Corfu. He was also ticketed with an improper right turn.


Frederick W. Roll 4th, 26, of Alexander, was charged with first-degree unlawfully dealing with a child Saturday, deputies said. Roll is accused of allowing individuals under the age of 21 to consume alcohol during a party at his residence.


Clara J. Stribling, 28, of Medina, was charged with driving while intoxicated Saturday, deputies said. Stribling was stopped for a traffic violation on Route 63 in the town of Batavia. She was also ticketed with moving from the lane unsafely.


Victor D. Albert, 48, of Buffalo, was charged with driving while intoxicated and aggravated DWI Sunday, deputies said. Albert was located by deputies following an investigation into a one-car property damage accident in the town of Darien. Albert was also ticketed with failure to stop at a stop sign and failure to reduce speed.


Randy S. Weidrich, 37, of 433 E. Main St., Room 6, Batavia, was charged with second-degree harassment Friday, city police said. Weidrich is accused of attempting to punch someone in the face during an argument. He was sent to Genesee County Jail in lieu of $250.


Robert B. Stanton Jr., 48, of Stafford, was charged with driving while intoxicated and aggravated DWI Saturday, city police said. Stanton Jr. was stopped by police on Main Street following reports that an intoxicated driver had left Tops supermarket in Batavia. He was also ticketed with unsafe lane change, open container and driving left of the pavement markings.

News roundup: Snowmobile safety

By Philip Anselmo

Park Police are reminding those who own snowmobiles that children between 10 and 18 years old need to complete a snowmobile safety certification course in order to operate the vehicles legally, according to WBTA's Dan Fischer. In fact, there's no reason parents, too, can't attend the course with the children.

The first certification course will be held at Genesee Sno Packers, 102 S. Pearl St., in Oakfield on November 23. Call (585) 948-5656 to reserve your place. Stafford will also host a course at the Stafford Fire Hall on December 2 and December 9. Call (585) 548-9951 for all the details on those sessions.

What's up with crossing lights in city of Batavia??

By Bob Price

Hi there,new to this site.I was wondering if anyone out there has any idea why the cross walk lights along Main St. in Batavia don't work? For well over a year now,I have not seen any of them work properly-they are all lit red and doesn't matter if anyone presses the button to cross.The ones they used to have before the Main St. construction a few years ago worked.

Turnovers doom Le Roy, but not without a fight

By Brian Hillabush

 

With just four minutes left in the game, something clicked for the Le Roy football team. In a situation where the Oatkan Knights had turned the ball over six times and was trailing by 18 points, they didn't quit.

There was a sudden burst of momentum as the team that hadn't lost all season long wasn't about to take its first defeat lying down.

Le Roy came back and had a shot to win the game in the final minute, but turned the ball over a seventh time and walked off the field with a crushing 38-35 defeat against the most skilled team it has seen all year, Jamestown Southwestern.

The start to the game was strange as the teams took the field and there was a penalty on the kickoff, then had to wait four minutes to re-do the kick because of the television coverage.

But the Oatkan Knights received the ball on the kick and fumbled the ball away on their third play. Southwestern quickly scored as Levi Bursch scored on a 19-yard run.

The Trojans got the ball back on an interception, then gave it back to Le Roy when they fumbled it.

The Oatkan Knights marched right back down the field and was knocking on the end zone door when the ball popped out again, giving Southwestern the ball at their own 20-yard line.

Zack Sopak lofted up a 54-yard pass to Will Sleggs and the Trojans were deep in Le Roy territory. Bursch capped off the drive with a 2-yard dive into the end zone.

Le Roy marched on the next drive, with the highlight being a 35-yard pass to Quentin Humphrey. This time,  the turnover directly resulted in points for Southwestern.

Travis Fenstermaker was trying to get the ball to Mike Humphrey for a touchdown, but Bursch stepped in front and snagged the pass. He took it 97 yards to the house, giving Southwestern a 21-0 advantage.

The Oatkan Knights again were moving the ball as a Fenstermaker pass to Andrew Alexander was a big gainer, especially when you add the face mask penalty.

But, Alexander wound up coughing up the ball inside the red zone.

Southwestern punted and Le Roy finally got on the scoreboard just seconds before the first half ended. Alexander hauled in a pass by Fenstermaker and rumbled 63 yards for the TD.

After making a stop and punting the ball away at the start of the second half, the Oatkan Knights got a turnover when Southwestern fumbled. That led to a 13-yard touchdown pass to Mike Humphrey. The extra point attempt failed and Le Roy trailed 21-13.

After a big kick return by Tanner Delahoy, Southwestern didn't take long to make it a two-score game as Sopak hooked up with Will Sleggs on a 29-yard scoring pass.

Le Roy got some major help on the next drive. On a fourth-and-2, Fenstermaker tossed a first down pass to Alexander, but there was a face mask and late hit penalty issued on the play.

The Oatkan Knights faced another fourth down later in the drive and Fenstermaker ended up tossing a 6-yard touchdown pass to Mike Humphrey on the fourth-and-1.

The next 10 points came by the Trojans, seeming to put the game away.

Bursch caught a 3-yard touchdown pass and Dan Imfeld nailed a 28-yard field goal, giving Southwestern a 38-20 lead with just 6:49 left on the clock.

The game appeared to be over. But it wasn't.

Fenstermaker - who ends his high school career with a 20-2 record - capped off a three minute long drive with a 1-yard TD run.

The Oatkan Knights recovered the onside kick and it started to look like something special was going to happen.

But, Mike Humphrey fumbled the ball away after catching a short pass. Again, the game looked to be over - that is, until the Trojans fumbled while trying to run time off the clock. Le Roy recovered with 1:28 left in the game.

Humphrey immediately caught a 42-yard touchdown pass and the impossible, now seemed possible. The Oatkan Knights were only trailing 38-35 and when they recovered the second onside kick, looked like they were going to win the game.

Fenstermaker threw a pass to Mike Humphrey and Le Roy had the ball at the Southwestern 22-yard line and just over 30 seconds to work with.

But the Southwestern defensive backs had the Le Roy receivers covered, forcing Fenstermaker to scramble. He was hit by Eric Mazgaj and the ball popped out, with the Trojans recovering and ending Le Roy's season.

Fenstermaker went 21-of-37 for 283 yards and four touchdowns, with Humphrey hauling in 14 passes for 136 yards and three scores. Alexander rushed the ball 19 times for 61 yards and caught two passes for 91 yards and a score.

Southwestern improves to 11-0 and moves on to the state semifinals next weekend at PAETEC Park.

 

UPDATE: More photos from Pete Karl.

Roller coaster ride for Le Roy fans

By JIM NIGRO

 

The LeRoy fans who braved the dismal weather for today’s Western Regional football matchup with Southwestern were treated to an emotional roller coaster ride.

As the rain began to intensify, so too did LeRoy’s turnover problems. Turnovers - in the form of a fumble and interception - on their first two possessions proved frustrating. A sustained drive on LeRoy’s third possession had the Oatkan Knighs faithful cheering. Then, just as suddenly, the LeRoy crowd was silenced as the ball was fumbled away near the Southwestern goal line. LeRoy turned the ball over twice more in the first half, both times after moving the ball deep into Southwestern territory. To compound the problem, the Trojans capitalized on LeRoy’s miscues.

At half time I spoke with LeRoyan John Arneth, a long time Oatkan Knight supporter. “You can’t beat a good team with that many turnovers in one half. Period.” He went on to specify the need to control the ball, particularly at this stage of the season. “This time of year all the pretenders have gone home. Good teams will capitalize on your mistakes.” Southwestern fit’s the latter category well as they turned three LeRoy turnovers - two fumbles and an interception - into scores. “Right now they are not beating us so much as we are beating ourselves. But they are playing a mistake free game”, Arneth concluded.

Two former Oatkan Knights, John Piazza and Kevin Pike were on hand to root for LeRoy. When I asked Piazza, a former LeRoy linebacker in bygone years, what he thought of LeRoy’s chances, he said, “You’ve got two great teams on the field. LeRoy’s got a lot of heart. They’re hanging in there. Hopefully the momentum will swing our way.” It takes one to know one. Once a Knight, always a Knight. Or so it seemed. Though it took some time in coming, John Piazza’s words would be prophetic. In the meantime, LeRoy capitalized on a Southwestern fumble. Travis Fenstermaker put the ball in the air and Mike Humphrey made a remarkable catch in the end zone to put renewed life into the LeRoy crowd. Just as quick as their hopes soared, they came plummeting back to earth Soutwestern returned the ensuing kickoff for considerable yardage and the very next play scored on a pass play of their own. But the LeRoy faithful would not be deterred. “LeRoy has some amazing athletes on the field”, said Kevin Pike. ”It’s a great atmosphere here at UB. We’ll have a better second half.”

Trailing by eighteen points with four minutes left, the Oatkan Knights kicked the roller coaster into high gear - and on an uphill ride. In the time remaining, LeRoy brought the fans to their feet, scoring two touchdowns, both conversions - one for two points and two successful onside kicks.

Then, just as quickly, despite all the last minute gut checking, time ran out on a great season, with a seventh turnover.

 

Canadian chain planning new coffee house for Batavia

By Howard B. Owens

A Canadian restaurant chain is planning to expand into Western New York, and Batavia is part of the firm's plans, according to the Buffalo News.

Mississauga-based Coffee Culture Cafe & Eatery Is beginning its expansion in Buffalo. The article offers no specifics on the company's plans for Batavia, such as location or timing.

Coffee Culture President Peter Karamountzos said his company has been eyeing a U. S. launch for about 18 months and picked New York over Michigan and Illinois for a cross-border expansion.

“We’d like to open 10 to 12 location in and around Buffalo,” Karamountzos said. “We like to be in village settings or downtowns, where there’s strong neighborhood foot traffic. We also like being on corners where we can have a physical presence.”

...

The European-style eateries offer a range of fresh-baked goods, panini sandwiches, breakfast and lunch/dinner crepes and coffees. Coffee Culture eschews drive-up windows in favor of more personal walk-in and sit-down service.

“Our theme is ‘Come for a taste, Stay for a visit,’” Karamountzos said. “We know people are in a hurry, but that doesn’t mean they have to settle for a sterile fast-food experience.”

Legislature could expand casino hours to increase revenue

By Howard B. Owens

The state Legislature is consider new regulation that would allow Batavia Downs to expand its hours and increase the types of games it offers.

Currently the Downs is limited to 116 hours per week. Under the proposal, the casino could stay open for 128 hours per week.

Among the new games being considered are electronic roulette and electronic blackjack. Right now, the Downs is limited to slot machines and video poker.

The moves are being eyed as a way to give the state a boost in revenue when it's struggling to close massive budget gaps over the next four years.

"We will consider them all if it will help us raise some revenue," Paterson said in an interview today with Gannett News Service.

Apparently, the legislature cannot expand the race tracks into full-blown casino's without a constitutional amendment.

I'm guessing that's why the facilities don't offer -- and the Legislature is not considering -- poker?

Poker remains popular throughout the U.S. It seems logical that it would be as successful at Batavia Downs as any place else.

Poker is one of the few games that gives the player a chance to consistently win money, since there is no house advantage (the house takes what's called a rake, a small portion of the opening bets) from each pot, and some pots can be won on the pure skill of an individual player (of course, there's luck involved, too).

Whereas slot machines, video poker and similar electronic games have a house advantage built right in. For example, even if a slot machine offers the nearly unheard of, outrageously high pay out of 98 percent, a player cannot beat it in the long run. Eventually, he is going to lose all of his money (it might take millions and millions of pulls, but the odds are against the player).  Of course, short-term variance means most players either lose big or win big on any given day, which is the thrill that hooks in so many problem gamblers.

Blackjack offers a similar house advantage, which can be defeated by a skilled card counter -- but casinos will ban card counters when caught.

So why does the state sanction games that offer the player no real advantage while banning the one wager game that a skilled player can actually beat?

As a libertarian, I have nothing against these facilities offering these games, or the state legalizing them, or people playing them.  People are free to make their own choices in these matters. I just don't get why poker isn't legal.

Watch Derek Wolfley's college debut live

By Brian Hillabush

The Iona College basketball team is playing right now (7:30 p.m.) and the game is being broadcast on the Internet here.

This is where you can watch Attica grad, and one of the best players in the history of the Genesee Region League make his Division I college debut.

The Blue Devils' all-time leading scorer, Derek Wolfley, is a freshman on the squad. Enjoy the game. 

 

 

 

 (UPDATE: Derek did not get in the game. The Gaels are playing in a tournament next weekend, so hopefully he will get a chance to make his college debut then.)

The Little Mall of Horrors

By Daniel Jones

Well folks, we have another Mall fiasco (they just don't stop), the Mall Maiteniance Association (MMA) is creating massive shenangins over next to nothing again.  This time though, the basis of their decision is laughable.  They want to remove the City's representative, Mr. Tim Paine from the committee for being "disruptive" and "questioning the integrity of the minutes".  Excuse me while I nearly fall of my chair laughing, is this serious? 

This all must be a major joke that the MMA is playing on us via the media, I mean honestly, normally you have to have an actually legitamte reason to remove someone from a committee, such as assault or not showing up to meetings.  Truly they have creativity than this.

This action is both funny and an incredibly frightening misuse of power on behalf of Dr. Mitchell Chess, who has shown his intentions by attemtping to circumvent Jason Molino, the City Manager, in the past.   He now wants to have Tim Paine removed from the committee because he doesn't agree with them and wants accurate minutes, how on earth is this so terrible?  If the MMA had nothing to hide, then they would have no objection to the tape recordings of their meetings and if they really cared about City input, they wouldn't object to the representative from the commmittee, well, giving input. 

Mr. Paine is not the representative on behalf of those in power at the MMA, he is the City's representative, he exists in that capacity to give the input of the people, not the powerful.  He is also there to make sure that the MMA is telling the truth when it comes to its matters that involve the city.  Perhaps the MMA isn't being totally forthcoming?

The real question, to me at least, is this, what is the MMA hiding?  I have much respect for Dr. Chess, its chairman, because of his education and his running a great service for the community, but doesn't this make you wonder what exactly is really going on?  Could this be why he tried to enlist the city council to help him bypass negiotiating with Jason Molino?

Perhaps the MMA could attempt to remove him for a more credible reason, such as the color of his shirt or the brand of sneakers he wears.  I realize that no one is perfect and I don't want to sound like I'm questioning anyone's character....but I have to wonder if this group is living in the same world that the rest of us are.

Batavia Daily News for Friday: Protecting farmland in the town of Batavia

By Philip Anselmo

About 16 people gathered in the town of Batavia last night for a meeting to discuss possibly formulating a farmland protection plan for the town, according to the Daily News.

The town has about 19,000 acres of agricultural land, which accounts for roughly 60 percent of total land in the town.

Roger Muehlig writes:

The goal is to create a land use policy on how to keep agricultural land in production and protect it from commercial and residential development.


In other news, the city of Batavia has hired a new code enforcement officer. Apparently, Ronald Panek has been working since last week. Panek, 41, is from Wyoming.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

Genesee County Sheriff to Hunters: Be wary of straying on Indian land

By Philip Anselmo

Genesee County Sheriff Gary Maha issued the following press release today:

Sheriff Gary T. Maha cautions hunters not to hunt or stray on property of the Tonawanda Indian Reservation in the town of Alabama. "It is the hunter's responsibility to know where they are," Sheriff Maha said. Hunting or fishing on the Reservation by a non-Indian is prohibited.

Hunters who hunt or stray on Indian Land may be subject to Tribal Law, which could involve having their guns seized and heavy fines assessed by Reservation Chiefs or Indian Marshals. Law enforcement cannot help in these situations, except by keeping the peace. "The Tonawanda Indian Reservation is a Sovereign Nation and we have to recognize that," the Sheriff said.

Recent meetings have been held between representatives from the Tonawanda Indian Nation, the U.S. Attorney's Office, New York State Police, New York State Department of Environmental Conservation Police and the Sheriff's Office to discuss this issue. Nation Chiefs have the right to enforce their laws on Reservation property.

Over the past couple of years there have been incidents involving the seizure of firearms from hunters who have strayed onto the Tonawanda Reservation and the Chiefs have imposed fines. Members of the Tonawanda Nation and law enforcement wish to avoid any confrontations in such cases and wish to educate the public of the possible consequences of hunting on Indian land.

On the Beat: Road rage

By Philip Anselmo

Harley Burfield, 20, of Buffalo, was charged with third-degree criminal mischief Thursday, Genesee County sheriff's deputies said. Burfield is accused of damaging the window of another vehicle following a road rage incident in Alabama.


Jeffrey M. Schmitt, 54, of Oakfield, was charged with driving while intoxicated and unlawful possession of marijuana Thursday, deputies said. Schmitt allegedly drove off the road on Route 262 in Byron and crashed into a utility pole, where he was found by deputies. He was also ticketed with moving from the lane unsafely.


Anthony P. Lovetra, 19, and James C. Hotnich, 20, both of 8170 Batavia-Stafford Townline Road, Apt. 1102, Batavia, were charged with unlawful possession of marijuana Thursday, deputies said. Following a traffic stop investigation one week ago, deputies searched the apartment of Lovetra and Hotnich and allegedly found marijuana. Hotnich was also charged with possession of alcohol under 21 with intent to consume.

News roundup: State budget cuts should have "minimal" impact at county level

By Philip Anselmo

Genesee County Manager Jay Gsell told WBTA's Dan Fischer that the potentially drastic cuts being talked about by Gov. David Paterson at the state level should have only a "minimal" impact on the proposed county budget for next year. The governor's plan for cutting spending involves mostly reductions to proposed increases, which wouldn't interfere much with the county finances.

In other news, congratulations are in order for Ed Leising of Batavia who was recently awarded the 2008 Health and Humanitarian Award by the Jerome Foundation and the United Memorial Medical Center Foundation. Dan Fischer tells us that Leising was "recognized for his charity work as a member of the Batavia Rotary Club" and because of his volunteer work with the hospital and other organizations.

Government should be open and information should flow freely

By Howard B. Owens

Often you hear people talk about how government should be run like a business, and it is a nice metaphor for reminding people that cost controls are important, and the books should be balanced, but the phrase masks a very important reality: Government is not a business.

In our talks with people around town about our belief in an open, transparent government, we are sometimes confronted with the idea that government should be run like a business.

Specifically, the City of Batavia should have only one spokes person, and that person is City Manager Jason Molino.

When we spoke to the City Council on this subject a couple of weeks ago, that was exactly the argument Councilman Bill Cox used in dismissing our request for more open access to the local government.

Earlier this week, when we did a post on this topic, John Roach left the following comment:

Jason is right not letting city employees speak with you or the other news media. He is dead right on that. There can be only one spokesman for an organization and all public agencies have that policy. In fact, most private companies have the same policy: one spokesman.

Both Philip Anselmo and I responded about how neither of us, in all of our journalistic experience, have ever dealt with a city government that prohibited employees from talking to the media.

It's just not normal.

But here's where the argument that government is like a business really breaks down:

A government can do things a business can't. A government can impose taxes; a government takes those taxes and decides how to spend those dollars in ways that can have profound impacts on citizens' lives; a government employs people who carry guns and can lock up citizens for reasons both great and small; a government can tell you where and how to hang a sign, what color to paint your house, what repairs must be made to your front porch, what new structures you can erect and where you can do it and what materials can be used; a government is responsible for running facilities -- such as parks -- for the public benefit.

In other words, a government has great power over, awesome responsibility for, and substantial accountability to every person within its jurisdiction.

Businesses, on the other hand, rely on competitive advantages and trade secrets to maintain profitability and ensure it can maintain and grow jobs for the people of a community. Without successful businesses, there would be no taxes to collect. That's why the freedom of information laws always enjoin government agencies to protect trade secrets when exposed during the transaction of business between a company and  a government agency. 

Can businesses be abusive? Sure, but there are also laws that regulate businesses (and though often changing or unevenly enforced for good or ill, they do exist), anti-trust laws to prevent any one business from becoming too powerful, and the free market to check and diminish a business's power.

So there really is no comparison between a government's obligation be open and transparent and a private (or even publicly held) company's right to keep some secrets.

In a well run government, free of malfeasance and derelictions, there should be no reason for any muzzles on any staff member, from the janitor on up to every department head.

We've also heard the argument -- "well, if you want to know something, just FOIL it."

FOIL stands for Freedom of Information Law (at the Federal level it's known as the Freedom of Information Act, or FOIA). Go read the opening section of FOIL. It's a beautiful thing. It makes our case for us.

The fact is, if a government agency was operating under the principles of FOIL, living within the spirit of the legislation instead insisting on following the letter of the law, there would never, ever be any reason for a private citizen or media representative to EVER file a formal FOIL request.

A truly open government would just hand over documents with a simple verbal request.

Open governments have nothing to hide and no secrets to keep except those specifically and explicitly enjoined to it by state or federal law.

We shouldn't even need legislation such as FOIL to find out what our government is up to, but the Legislature found it necessary to stop abuses by overzealous government administrators.

But there are three primary problems with FOIL.

  • A government agency has five days to respond to a FOIL request, and agencies that wish to delay release of information will take full advantage of this provision;
  • FOIL requests must be written in such a way as to be very specific about the records reqeuested -- write the request too broad, and a government agency can use the lack of specificity as an excuse not to include some documents; write it too narrowly and you might miss the most important documents;
  • FOIL doesn't cover human intelligence -- not everything you might want to find out about how your government is working is contained within a specific document. Some of it is only contained in the minds of the people who know what is going on. There is simply no substitute for talking with a person and asking questions.

With these liabilities, it is improper for a government agency to hide behind FOIL as a means of controlling the flow of information.

We don't think we're asking for much: We're just asking that the City of Batavia be run in an open, transparent manner so that taxpayers are well served. Until that happens, how can we trust that power isn't being abused and tax dollars are being well spent?

Top Items on Batavia's List

Superintendent of Water and Wastewater (HELP Program), City of Batavia, NY The City of Batavia, NY seeks a creative, team-oriented professional to serve as Superintendent of Water and Wastewater. The Superintendent oversees all administrative, operational, and maintenance aspects of the community’s water and wastewater systems including the City’s water plant, wastewater plant, and the City’s water distribution system, as well as building maintenance, street lights, traffic signals, and pump stations. $87,300 - $105,856 yearly. Send cover letter, resume, and contact information including email addresses for five work-related references, and completed Genesee County application to: Teri Dean, Employee Payroll/Insurance Clerk One Batavia City Centre, Batavia, NY 14020 or tdean@batavianewyork.com Accepting applications until the position is filled. Background check, personality assessment, and physical with drug testing are required. Candidate must become a resident of the County of Genesee or any adjacent town to the County of Genesee within 6 months of the date of conclusion of the probationary period for the City of Batavia. EEO See the full job description at: https://www.geneseeny.gov/Department-Content/Human-Resources/Job-Specifications Genesee County Application: https://www.geneseeny.gov/Department-Content/Human-Resources/Human-Resource-Forms
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AUTOMOTIVE MECHANIC CITY OF BATAVIA SALARY $25.54-$30.08 MINIMUM QUALIFICATIONS:  One year of full-time paid experience as a skilled automotive repairman. SPECIAL REQUIREMENT FOR APPOINTMENT AND CONTINUED EMPLOYMENT: . Possession and maintenance of appropriate valid license(s), as required. Drivers must be at least 21 years of age. BENEFITS:  Health Insurance  Dental Insurance  Paid Holidays  Paid Vacation and Personal Time  Paid Sick Time  New York State Retirement  Deferred Compensation  Flexible Spending  Life Insurance Civil Service Applications are due to Human Resources no later than November 1, 2024. Human Resources One Batavia City Centre Batavia, NY 14020 tdean@batavianewyork.com Phone: 585-345-6340 www.batavianewyork.com
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