Without mandate relief, local officials say, a proposed property tax cap will strangle county government.

The cap proposal is moving through Albany and today the Genesee County Legislature sent a strongly worded letter to Gov. Andrew Cuomo and local representatives.

Without addressing the root cause of the problem -- unfunded mandates -- counties will have to begin eliminating all non-mandated, community-based programs and services to stay under the cap. These programs include veterans services and aging programs, local road and bridge maintenance and repair, road patrol, long-term care and substance abuse services, to name a few.

Legislative Chairwoman Mary Pat Hancock told WBTA today that rising pension costs and Medicaid expenses that are "forced" on the county are eating up too much local revenue.

"Pension costs have gone up 31 percent," she said. "And in the past several years, Medicaid has continued to escalate in cost."

WBTA also spoke with  Batavia City Schools' Business Manager Scott Rozanski, who predicted dark days ahead under the cap.

"In essence, it means we could only increase our expenditures by about $350,000," he said. "Cutting more is doable, but it would probably create a lot more uproar." 

Superintendent Margaret Puzio blamed the current proposed increase in the tax levy on Albany.

"The only reason we're looking at an increase in the tax levy is because our state aid was cut," she said.

While in Batavia today, Sen. Mike Ranzenhofer addressed the issue. Ranzenhofer expressed support for Hancock's call to have the state assume the costs of Medicaid.

"I was a county legislator for 20 years -- I understand that issue," he said. "I'm also very concerned about overuse of the Medicaid system by some, to the detriment of others. I'm talking about not having every possible optional service that you can have.

If the state took over funding Medicaid, Razenhofer, it might take more seriously such as issues of fraud and waste and find ways to improve efficiency and reduce costs.

A possible house fire is reported at 9378 Clipnock Road in Stafford. There is smoke in the residence.

Stafford Fire Department, along with Town of Batavia and Le Roy units are called to respond.

The location is between Sweetland and Torrey roads.

UPDATE 8:52 p.m.: The Stafford crew is on scene and asks responders to come in non-emergency mode. Le Roy is standing by in Stafford's hall.

UPDATE 9:01 p.m.: Stafford command says there are no signs of fire. The responders are all put back in service.

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Youngsters who get arrested for underage drinking or unlawful possession of marijuana may want to be careful about skipping court dates in the future.

Sen. Mike Ranzenhofer and Darien Town Justice Gary Graber were in Batavia today to announce the state Senate approval of a new law that would suspend the driving privileges of any person who fails to appear in court for those charges.

Graber called the current laws unenforceable because there has been no penalty for skipping court appearances. 

Because convictions for the infractions of underage drinking or unlawful possession of marijuana never include jail time, judges and justices are unable to issue warrants when a suspect doesn't appear in court.

"(The current law) encourages a lack of respect for the courts and the law and weakens the educational purposes of these laws to strongly discourage underage drinking and marijuana possession,” Ranzenhofer said. “This legislation will now give judges a remedy to the loopholes in the current law to enforce the sanctions of the court."

Graber, of course, sits in a court just down the road from Darien Lake Theme Park where, during the concert season, local law enforcement issues many citations for underage drinking and UPM.

Justices from throughout New York have been seeking a change in the law for years, Graber said.

Full press release after the jump:

Batavia, N.Y. – State Senator Michael H. Ranzenhofer and Darien Town Justice Gary Graber announced passage of legislation in the State Senate that grants courts the authority to suspend a driver’s license – in cases of underage possession of alcohol and unlawful possession of marijuana – when a person fails to appear before the court or comply with the sentence of the court.

If a person does not comply with the court’s sentencing or appear before the court, there is nothing the court can do and the court cannot issue a warrant since jail time is not a possible sentence.

“The current law is unenforceable. It encourages a lack of respect for the courts and the law and weakens the educational purposes of these laws to strongly discourage underage drinking and marijuana possession,” Ranzenhofer said. “This legislation will now give judges a remedy to the loopholes in the current law to enforce the sanctions of the court.  Passage of this bill in the state Senate is one step closer to ensuring judges have the right tools to enforce the law.”

An alarming number of people, in cases of possession of marijuana or underage possession of alcohol, disregard the sentence of the court by failing to pay the fine, complete an alcohol awareness program or community service. In one local court, out of 96 arrests for underage alcohol possession, six persons had failed to appear, one person has not paid his fine, two are still pending pre-trial and 35 or 30 percent have not completed their court ordered alcohol awareness program. 

The introduction of this legislation in the State Legislature occurred after the request of numerous Town Justices.  Justices from the towns of Alabama, Alexander, Bergen, Bethany, LeRoy, Oakfield and Pavilion have written to Senator Ranzenhofer in support of this legislation. 

“This legislation has been on the legislative agenda of the New York State Magistrates Association for many years. It is essential that the Town, Village and City Court Judges that handle these matters have the ability to enforce their sentences so that the education of young people in alcohol and substance abuse matters, provided in the statutes, are not ignored. We are very grateful to the sponsors and supporters of this legislation both in the Senate and Assembly as well as the treatment and prevention community,” said Graber.

“GCASA supports the work of the New York State Magistrates Association in advocating for legislation that holds offenders of our substance abuse laws accountable for not following through on court ordered sanctions.  We thank Senator Ranzenhofer and the State Senate for passing this legislation and are asking the Assembly to do the same.  This measure provides the needed tools for our judges to hold offenders accountable and make our communities healthier and safer,”  said Genesee/Orleans Council on Alcoholism and Substance Abuse Executive Director David G. Markham.

The bill (S.3188) passed the State Senate on May 17. Senator Ranzenhofer is sponsoring the bill in the State Senate.  Assemblyman Robin Schimminger is sponsoring the bill in the State Assembly.

The Swallow Hollow Nature Trail has suffered $15,000 in damage after vandals struck recently, according to WIVB.

Ten interpretive panels were removed. The vandals also overtuned a bench, toppled a port-a-john and removed other signs.

There's a $500 reward being offered by the Friends of Iroquois National Wildlife Refuge, Inc., for information leading to an arrest and conviction of the people involved.

A wire is reportedly down, landing on a truck, and is burning in the area 5815 Main Road, Stafford.

Stafford Fire Department is responding.

UPDATE 8:08 p.m.: National Grid has a 20 to 25 minute ETA. A firefighter on scene reports the wire is not on the truck, but on the ground.

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The Rathod family of Batavia has a new business venture -- they've taken over the Sunco gas station and West Main Mini Mart at 3845 W. Main St. Road, Batavia.

Raveen Rathod is running the store with help from his brothers, Nick (above, left) and Sunny.

On Friday and Saturday, the family will celebrate the grand opening of their new business. The draw for customers includes 5 cents off a gallon of gas (but not diesel), free slice of pizza with a $5 gas purchase along with drawings and giveaways.

The store will be open both days from 6 a.m to 10 p.m.

Remember the pink gorilla we saw wandering on Main Street on May 25? It was a marketing ploy of local entrepreneur Tim Walton.

Walton has relaunched his T-shirt and clothing business, former Topline Shirt Company, as Pink Gorilla Tees and Graphics.

The location remains 214 E. Main St. in the City of Batavia.

Joe Canzoneri has been named store manager.

Just because the new store has opened doesn't mean the mascot will be retired, Canzoneri said.

"We will continue to send the mascot to events," Canzoneri said. "It's something that we hope the community will enjoy as well. We want to have fun with what we do and Pink Gorilla is just that -- fun and creative just like our shirts"

Pink Gorilla will be open from noon to 5 p.m., Monday through Friday. 

When hair stylist Amanda Lowe, above left, managed a Super Cuts, she said, she was able to double the business of the store and that success got her to thinking -- what could I do if I struck out on my own?

After some time thinking about it, and getting experience in other salons, she recently stopped wondering and started trying.

Last month, she opened Jagged Edge Salon at 4140 Veterans Memorial Drive with her friends Dawn Williams (next to Amanda) and Alisha Foster (right) along with her sister Sarah Lowe (in between Dawn and Alisha).

Combined, the young women have 38 years experience cutting and styling hair. 

Customers are welcome to walk-in or make an appointment for highlights, lowlights, perms, styling/updos, treatments, and facial waxing.

"I like having a salon where the girls and the customers can come in and have fun," Lowe said. "I also just like the responsibility of running my own business."

The grand opening is June 18. Guests who stop in between now and then can enter to win prizes, including free haircuts for a year.

Store hours are 9 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 4 p.m. Saturday.

A car reportedly struck a deer on Route 5 near Kelsey Road.

There are injuries reported.

East Pembroke Fire Department and Mercy EMS responding.

UPDATE 6:28 p.m.: One person was transported to UMMC by ground ambulance. Officials on scene said that a driver of another vehicle saw the deer, slowed down and the deer jumped over that car and landed on this minivan. No further information available at this time.

Wallace Eugene Urf, 33, Pavilion Center Road, Pavilion, is charged with a felony count of DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation, 2nd. Urf was taken into custody at 6:05 p.m. Monday on Broadway, Darien, following a complaint of a domestic incident. Urf was allegedly found driving a car on a suspended license while intoxicated by Deputy Kevin McCarthy. Corfu Police assisted in the apprehension.

David Lawrence Popielinski, 22, of Schad Road, Alden, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. At 10:15 p.m. Tuesday, the Sheriff's Office received a complaint of a car off the road on Harlow Road, Darien. Deputy Kevin McCarthy investigated and arrested Popielinski.

Grant Arnold Sundown, 46, of Skye Road, Tonawanda Indian Reservation, is charged with criminal contempt, 2nd. Sundown is accused of having contact with a protected person.

Batavia Police are running a special detail today targeting drivers without seat belts or talking on mobile phones.

Officers also ran the detail yesterday afternoon.

Officer Darryle Streeter said he's seeing about 95- to 98-percent compliance with the seat belt law.

Mobile phones are another matter. Of the 18 tickets written yesterday, only one was for a seat belt violation and 10 were for mobile phone use (the rest were for miscellaneous issues such as inspection or tinted glass).

At the time this picture was taken, the detail was being run on Ellicott Street.

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